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IUPAT DISTRICT COUNCIL 91 COLLECTIVE BARGAINING AGREEMENT

This Agreement supersedes all previous agreements and becomes effective June 1, 2008, and extends to May 31, 2012. This Agreement is made and entered into by and between The Northwest Indiana Finishing Contractors Association, hereinafter referred to as the Employer, and District Council 91 affiliated with the International Union of Painters and Allied Trades, AFL-CIO (IUPAT), hereinafter referred to as the Union.

ARTICLE I RECOGNITION

The Employer hereby recognizes IUPAT District Council 91 as the sole and exclusive bargaining representative, within the meaning of Section 9(a) of the National Labor Relations Act (the Act), of all full-time and regular part-time employees employed on all present and future job sites within the jurisdiction of the Union. Such recognition is predicated on the Union’s demand for recognition pursuant to Section 9(a) of the Act, and on the Union’s presentation of a clear showing that the majority of employees in the bargaining unit are members of the Union and desire the Union to act as their exclusive representative within the meaning of Section 9(a) of the Act. The Employer acknowledges that it has reviewed the Union’s showing and agrees that it reflects the employees’ desire to be represented by the Union under Section 9(a) of the Act.

ARTICLE II DEFINITIONS

UNION: Union is defined as District Council 91 of the International Union of Painters and Allied Trades, AFL-CIO. The geographic jurisdiction of District Council 91 is comprised of the entire geographic jurisdiction of its affiliated Local Unions in Indiana, Kentucky and Tennessee. Those Local Unions are as follows: Painters Local Union 47 Indianapolis, Indiana Addendum B Painters Local Union 80 Lafayette, Indiana Addendum C Painters Local Union 118 Louisville, Kentucky Addendum D Painters Local Union 156 Evansville, Indiana Addendum E Painters Local Union 197 Terre Haute, Indiana Addendum F Painters/Glaziers Local Union 456 Nashville, Tennessee Addendum G Painters Local Union 460 Merrillville, Indiana Addendum H Painters Local Union 469 Fort Wayne, Indiana Addendum I Painters Local Union 500 Paducah, Kentucky Addendum J Painters Local Union 669 Chesterfield, Indiana Addendum K Painters Local Union 1118 South Bend, Indiana Addendum L Glaziers Local Union 1165 Indiana Addendums M-N-O-P-Q The geographical jurisdiction, rates of pay, fringe benefits and specific work rules of each Local Union area are detailed in the applicable Local Union Addendums. Addendum A lists those

Local Union areas that participate in the Voluntary Payroll Deduction of Political Contributions. All Addendums are hereby made a part of this Agreement.

SIGNATORY EMPLOYER: Any Employer who is bound by the provisions of this Agreement as evidenced by his signature on an official Memorandum of Agreement.

REFERENCE TO GENDER: The terms such as men, journeyman, he, his, or such, as used in this Agreement are only for the purpose of clarification and shall not be construed to mean either the male or female gender.

ARTICLE III

UNION SECURITY CLAUSE

All present Employees who are members of the Union on the effective date of this Agreement or on the date of execution of this Agreement, whichever is the latter, shall remain members of the Union in good standing as a condition of employment. All present Employees who are not members of the Union and all Employees who are hired hereafter, shall become and remain members in good standing of the Union as a condition of employment on and after the eighth (8th) day following the beginning of their employment, or on and after the eighth (8th) day following the effective date of this Agreement or the date of execution of this Agreement, whichever is later.

ARTICLE IV REFERRAL CLAUSE

SECTION 1: When the Employer needs additional employees, the Employer shall give

the Union equal opportunity with all other sources to provide suitable applicants, but the Employer shall not be required to hire those referred by the Union. The Employer agrees to notify the Business Representative of his intent to hire anyone who is not a member of the Union prior to actual employment.

SECTION 2: TOP WORKPLACE PERFORMANCE: The Employer and the Union agree that they both share in the responsibility to complete a job right the first time, on time and under budget. For these reasons, a Top Workplace Performance program has been jointly developed and contains the following referral procedures:

A. Should any person referred for employment be terminated for cause, his or her referral privileges shall be suspended for two (2) weeks. Should the same individual be terminated for cause a second time within a twenty-four (24) month period, his or referral privileges shall be suspended for two (2) months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his or referral privileges shall be suspended indefinitely.

B. A termination shall not be considered as “for cause” for the purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his or her termination, unless and until the grievance is resolved in a manner that affirms the termination for cause. For the purpose of this provision, a decision of the Joint Trade Board and/or an arbitrator shall be final and binding.

C. The provisions in subsections (A) and (B) notwithstanding, the Joint Trade Board may, upon written request of the employee, vacate or reduce the period of suspension

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should the Board determine, following investigation, in its sole and complete discretion, that equity requires such action.

ARTICLE V

DEFINITIONS AND TYPES OF CONTRACTORS

SECTION 1: A Contractor or Employer is one who, in relation to any Corporation, Company, Partnership, Firm or other business Entity, is a substantial Owner, Partner, Officer, or in a permanent policymaking position. He shall not be allowed to work intermittently as a journeyman for another Employer, while he himself is engaged or recognized as a Contractor or Employer.

SECTION 2: No Employer shall subcontract any work (piece work or otherwise) to anyone other than another Union Contractor.

SECTION 3: No member of the Union under this Agreement has the right to bid or figure any work against any signatory Employer. This does not exclude any Estimator of a signatory Employer from Union membership; this protects signatory Employers from unfair competition.

SECTION 4: All new Employers must appear before the Joint Trade Board of the Local Union in whose geographical jurisdiction the Employer’s principal place of business is located. The Union may enter into Collective Bargaining Agreements with an out-of-jurisdiction Contractor or Employer, only if, upon the prior written approval of the IUPAT General President, the Local Union immediately notifies in writing that Local Union in whose jurisdiction the Employer's principal place of business is located that the agreement has been signed and forwards a complete signed copy of that agreement.

SECTION 5: Journeymen out of work are allowed to take jobs on their own, but all work must be reported to the Business Representative.

ARTICLE VI WORK COVERED

SECTION 1: The Employers under this Agreement agree that all work generally recognized as coming within the jurisdiction of the International Union of Painters and Allied Trades shall be assigned to members of the Union. This Union shall have jurisdiction over all workers engaged in: all painting, decorating and coatings applications and wall covering; all levels of drywall and wall finishing; any and all labor, material, tools or equipment for preparatory work or surface treatment, including mold remediation, work in relation to painting, decorating and coatings applications, wall covering, drywall and wall finishing; glazing; architectural metal and glass work; flooring and decorative floor covering work; paint and coatings manufacturing; sign, convention and display work; show decorators; scenic artists and designers; metal polishers; civil service, public and professional employees; book-binding; maintenance work; chemical, clerical and warehouse workers; any and all units, as well as all apprenticeable crafts, that have historically been part of this International Union; and any and all work as may be obtained and maintained through organizing and collective bargaining. Also all such other work as may be designated in the latest issue of the Constitution of the International Union of Painters and Allied Trades under the caption “Jurisdiction”. Such work shall include, but not be limited to, the following:

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A. PAINTERS work will include, but not be limited to: (1) preparation, application and removal of all types of coatings and coating systems in relation to all painting, decorating, protective coatings, coating and staining of concrete floors and toppings, waterproofing, masonry restoration, fireproofing, fire retarding, metal polishing, refinishing, sealing, lining, fiberglassing, E-Glass fiberglass, carbon fiber, encapsulating, insulating, metalizing, flame spray, the application of Exterior Insulating Finishing Systems; (2) each and all such applications, and similar or substitute applications, on all surfaces, interior and exterior, to include, but not be limited to: residences; buildings; structures; industrial, power, chemical and manufacturing plants; bridges; tanks; vats, pipes; stacks; light and high tension poles; parking, traffic and air strip lines; trucks; automobile and railroad cars; ships; aircraft; and all machinery and equipment; (3) any and all material used in preparation, application or removal of any paint, coatings or applications, including, but not limited to: the handling and use of thinners, dryers, sealers, binders, pigments, primers, extenders, air and vapor barriers, emulsions, waxes, stains, mastics, plastics, enamels, acrylics, alkyds, epoxies, epoxy injection and T-Lock welding, sheet rubber, foams, seamless and tile-like coatings, etc.; (4) all preparation for and removal of any and all materials for finishes, such as deep cleaning, patching, all levels of finishing taping/finishing, skim coating, pointing, caulking, high pressure water, chemical and abrasive blasting, environmental blasting, wet/dry vacuum work, chemical stripping, scraping, air tooling, bleaching, steam cleaning, asbestos and lead abatement/removal; (5) the inspection of all coatings and/or coating systems during their applications will be performed by members of this Union. B. WALL COVERING work will include, but not be limited to: (1) all material applied to walls or ceiling with adhesive, staples, tacks, by stretching or adhered by any other method, including all papers, vinyls, flexible woods, fabrics, borders, metals, upholstered wall systems, the fabric covered panels made of plastic/wood or pre-finished products of micro fiberglass, etc., acrovin and various plastic wall coverings such as wainscot, caps, corner moldings and accessories; (2) any and all preparation of walls and ceilings such as scraping or any methodology for removal of existing materials, including patching, leveling, skim coating and priming. C. DRYWALL FINISHING work will include, but not be limited to: (1) the preparation or leveling of any surface or substrate which is to receive a coating, finish and/or wall covering; this will include, but not be limited to, all levels of finishing and/or spackling of all surfaces, including gypsum wallboard taping and finishing, fire taping and all firestopping systems, glaze coatings, skim coating or any other finishing system, spotting of nails, and finishing of corner beads/flex beads. Patching and sanding is within the system of preparing surfaces for finishes. (2) The application of all stucco and dryvit systems and all plastering cement and all similar materials, including spray-on fireproofing, will be performed by members of this Union. D. GLAZIERS, ARCHITECTURAL METAL and GLASS WORKERS: General Glazing will include, but not be limited to: (1) the installation, setting, cutting, preparing, fabricating, distributing, handling or removal of the following: Glass and Glass substitutes used in place of glass, pre-glazed windows, retrofit window systems, mirrors, curtainwall systems, window wall systems, suspended glass systems, louvers, skylights, entranceways including automatic doors, patio doors, store front, column covers, panels and panel systems, glass hand rails, decorative metals as part of the glazing system, and the sealing of all architectural metal

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and glass systems for weatherproofing and structural reasons. Art glass, prism glass, beveled glass, leaded glass, automotive glass, protection glass, plate glass, window glass, wire glass, ribbed glass, ground glass, colored glass, figured glass, vitrolite glass, carrara glass, all types of opaque glass, glass chalk boards, structural glass, tempered and laminated glass, Thiokol, neoprene and all types of insulating glass units, all plastics or other similar materials when used in place of glass to be set or glazed in its final resting place with or without putty, vinyl, molding, rubber, lead, sealants, silicone and all types of mastics in wood, iron, aluminum, sheet metal or vinyl sash, doors, frames, stone wall cases, show cases, book cases, sideboards, partitions and fixtures; (2) the installation of the above systems materials when in the shop or on the job site, either temporary or permanent, on of for any building in the course of repair, remodel, alteration, retrofit or construction; (3) the installation and welding of all extruded, rolled or fabricated materials including, but not limited to, all metals, plastics and vinyl’s, or any materials that replace same, metal and vinyl tubes, mullions, metal facing materials, corrugated flat metals, aluminum panels, muntins, facia, trim moldings, porcelain panels, architectural porcelain, plastic panels, unitized panels, showcase doors, all handrails and relative materials, including those in any or all types of building related to store front, door/window construction and curtain wall systems; (4) the installation of automatic door entrances, door(s) and window(s) frame assemblers such as patio sliding or fixed doors, vented or fixed windows, shower doors, bathtub enclosures, storm sash where the glass becomes an integral part of the finished product, including the maintenance of all of the above; (5) bevellers, silverers, scratch polishers, abrasive blasters, flat glass wheel cutting, mitre cutters, engravers, hole drilling, machine operations belt machines and all machines used in the processing of glass, auto matic beveling, silvering, grinding, polishing, unpacking and racking of glass, packing glass, glass cleaners in shops, mirror cleaning, assembling, framing and fabrication and assembling of all insulated and non-insulated units, fabrication and mounting of mirrors and the operations of all machines and equipment for these operations; (6) the selecting, cutting, preparing, designing, art painting, and installing of fused glass, thick facet glass in concrete and cementing of fused glass, thick facet glass in concrete and cementing of art glass, and the assembly and installing or removal of all art glass, engraving, drafting, etching, embossing, designing, abrasive blasting, chipping, glass bending, glass mosaic workers, cutters of all flat and bent glass; glass shade workers, and glaziers in lead or other metals; the fabrication and distribution of all glass and glass-related products; (7) any and all transportation, handling, unloading and loading of tools, equipment and materials will be performed by members of the International Union. E. PAINT MAKERS will include, but not be limited to all workers engaged in the mixing, testing, preparing and/or manufacturing of paint, coating, caulking, putty, sealants, etc. and handling of lead, color, oil, lacquer, varnish, synthetic resin, acrylic paints and coatings, etc., including any and all materials for the same. F. FLOOR WORK will include, but not be limited to: (1) all resilient seamless materials such as epoxy, polyurethane, plastics and their derivatives, components and systems; (2) the preparatory work for all of the aforesaid, which includes but is not limited to, substrate preparation and the application of all self leveling and trowelable underlayments; (3) the removal of the aforementioned material as required; (4) the cleaning of rugs and carpets and all drapery hanging, make-up and the installation of drapes and window treatments. G. SIGN and DISPLAY work shall include, but not be limited to: (1) the making and installation of all signs and servicing of same, designing, lettering and pictorial work of any kind, including vinyl signs and vinyl substrates and the preparing for the finishing of same, be it by hand brush, roller, spray, mechanical or computer-aided and by any other method or process

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pertaining to same; (2) they shall have control of all branches, methods and processes of screen process work; tube bending and display work such as creating, designing, building and finishing of all display matter and its related operations used for advertising purposes, including all art work and lettering whether it is done by hand, mechanical or computer aided or by any other method or process pertaining to same; (3) the construction, erection and maintenance of all billboards and all communication advertising will be done by members of this Union. H. DISPLAY CONVENTION and SHOW DECORATORS work will include, but not be limited to: (1) the delivery, loading and unloading and the installation and removal of all exhibits (floor to ceiling) and related materials in connection with trade shows and conventions, including, but not limited to: trade show and convention booth assembly and disassembly; installation and removal of interior and exterior decorations, flags, drapes and other display materials; uncrating, assembly, installation, removal, disassembly and recrating of all commercial exhibits; (2) the installation and dismantling of furniture owned by the employer, the installation and removal of floor coverings and special event displays; (3) the construction, preparation, erection and maintenance of all signs, lettering, pictorial work, screen process work, show card writing, commercial exhibits and fabrication of advertising displays and pattern and sketch making, scale model making, the preparation of training aids and mockups and application of plastic, scotchlite and similar reflective materials. I. SCENIC ARTISTS and DESIGNERS work will include, but not be limited to: models, sketches, carpenter drawings, painting for theatrical productions, motion picture settings and all the various effects; the painting of properties and decorations which may be used to decorate stage, motion picture and TV settings, mural paintings, display creations, costumes and the art of make-up and all its various effects. J. METAL POLISHERS work will include, but not be limited to: new construction and existing sites consisting of metal polishing, both the initial and continuing maintenance which shall include, but not be limited to, coloring, lacquering, spraying, application of vinyl coatings, cleaning, polishing and finishing of ornamental and architectural iron, bronze, brass, nickel, aluminum, stainless steel and all metal specialty work. K. ALL TOOLS, EQUIPMENT and MATERIAL: (1) the handling, assembling, disassembling, operation, maintenance, storage and transporting of all tools, equipment and material used or that may be used by members of this Union in performing their trade or work; (2) the loading and unloading of any and all materials, tools and equipment will be done by any members and units coming under the Union’s jurisdiction; (3) tools, material and equipment, as used herein, shall include, but not be limited to, brushes, rollers, spray painting equipment, coating applicators, all miscellaneous hand and power driven tools, all robotic, computerized mechanical and manually operated abrasive, shot, bead, water and related blasting equipment, containment systems, ventilation/dehumidification systems, vacuum recovery units, wet and dry vacuum systems and any and all related safety equipment, ladders, scaffolding, lifts and all other dedicated rigging, including the handling, erection and dismantling of same, the operation and maintenance of all types of compressors. L. RELATED WORK: Members of this Union shall also have jurisdiction of: (1) all processes and procedures for decontamination of all contaminated areas; (2) all cleanup of any type of debris caused by or during the preparation and/or application of any work described in this Section. M. TECHNOLOGICAL IMPROVEMENTS, ADVANCEMENTS, NEW or SUBSTITUTE SYSTEMS or PROCESSES, and/or NEW or SUBSTITUTE MATERIALS: The jurisdiction of this Union shall include and extend to any and all new or substitute systems

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or processes, new or substitute materials and technological improvements or advancements in any existing or new system, process or material that is referred to or incorporated in any of the provisions in the International Constitution or any collective bargaining agreement to which the International or any of its subordinate bodies is a party. SECTION 2: It shall be incumbent upon every Employer signatory to this Agreement to exert every effort to accomplish all work falling under the above work jurisdiction. The Union shall endeavor to resist the infringement of non-signatory employers into the jurisdiction of the Union. Such resistance shall include, but not be limited to, the use of informational pickets and handbilling.

ARTICLE VII RATES OF PAY, REGULAR WORK DAYS AND HOURS OF WORK

SECTION 1: RATES OF PAY: Job classification rates shall be paid as per the applicable Local Union Addendum. SECTION 2: The regular work week shall be forty (40) hours, beginning at 6:00 AM on Monday and ending at 6:00 PM on Friday. The regular work day shall be eight (8) consecutive hours, exclusive of a one-half (1/2) hour lunch period, between 6:00 AM and 6:00 PM. For the purpose of shift work, a day is defined as a twenty-four (24) hour period commencing with the established starting time of the day shift. The starting time of the work day may be changed within these hours by the Employer to take advantage of daylight hours, weather conditions, or shift or traffic conditions. SECTION 3: Employees shall be paid on the job site weekly by Friday, not later than the close of the regular work day. Not more than one (1) week's wages shall be withheld at any time. Employees may request that their pay be mailed to their home address; in such cases, the Employer cannot be held responsible for any delay in receipt of pay due to unforeseen problems with mail or courier delivery. SECTION 4: All wages shall be paid in cash or negotiable check and shall be accompanied by a statement of gross earnings and any deductions legally made. Such statement shall show the Employer's name, the Employee's name, the hourly rate of pay, the dates and hours worked, all deductions made and the net amount due the Employee. Wage payments shall conform with all applicable federal and state laws. SECTION 5: When a holiday falls on Thursday and no work on a Friday, pay day will be no later than the end of the regular work day on Wednesday. When a holiday falls on Friday, pay day will be no later than the end of the regular work day on Thursday. SECTION 6: NIGHT SHIFT: Night shift work shall be any shift with fifty per cent (50%) or more of the hours worked outside the normal day shift as described in Section 2 above. All Employees who work on the night shift shall receive additional night shift pay as per the applicable Local Union Addendum. SECTION 7: OVERTIME: All hours in excess of the regular work day and work week and all work outside of the regular work week shall be considered overtime. All overtime work and work performed on Saturday and Sunday shall be paid as per the applicable Local Union Addendum. SECTION 8: FOREMAN PAY: Foremen shall be paid as per the applicable Local Union Addendum. SECTION 9: TRAVEL PAY: Travel pay shall be paid as per the applicable Local Union Addendum.

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SECTION 10: RATE OF APPRENTICES: Apprentices shall be paid as per the applicable Local Union Addendum. SECTION 11: No member of this Union shall do any work free for any individual or Contractor at any time unless given permission by a majority vote of the members present at any regular meeting.

ARTICLE VIII HOLIDAYS

SECTION 1: Days recognized as holidays are specified in the applicable Local Union Addendum. SECTION 2: The Business Representative must be notified of all work to be performed on holidays, or days observed as such. SECTION 3: Under no circumstances will work be performed on Labor Day except for the protection of life or property, and then only after permission is granted by the Union. SECTION 4: RATE OF PAY: All work performed on holidays, or days observed as such, will be paid at the rate specified in the applicable Local Union Addendum.

ARTICLE IX SAFETY

SECTION 1: In accordance with the requirements of the Occupational Safety and Health Act of 1970, it shall be the exclusive responsibility of the Employer to ensure the safety of its employees and compliance by them with any safety rules contained herein or established by the Employer. SECTION 2: The Employer shall at all times provide safe tools, materials and equipment and safe working conditions. If at any time, in the opinion of any Employee, such tools, materials or equipment or working conditions are unsafe and constitute a hazard to health or physical safety, the Employee shall not be required to work with such tools, materials and equipment or under such conditions unless or until they are made safe.

ARTICLE X INSURANCE

SECTION 1: All signatory Employers agree to carry Workers’ Compensation and Occupational Disease Insurance as required by State Statute, and to comply with all the requirements of the applicable State Employment Security Act and the Social Security Act of the United States. Unemployment Insurance must be paid on any and all Employees.

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ARTICLE XI NO INTERRUPTIONS IN WORK

SECTION 1: It shall not be a violation of this Agreement for any employee to refuse to cross a picket line authorized by the AFL-CIO. SECTION 2: The Business Manager/Secretary-Treasurer of District Council 91, or his designee, is the only person with authority to call work stoppages or to make commitments for the Union. SECTION 3: The Employer and the Union further agree that there will be no stoppage of work during the period pending a jurisdictional decision.

ARTICLE XII APPRENTICESHIP PROGRAM AND REQUIREMENTS

SECTION 1: Any shop in which there is at least one (1) journeyman (besides the Employer) shall be permitted an apprentice. SECTION 2: The apprentice is to work only when at least one (1) journeyman is working, and he is to be under supervision of the journeyman at all times; however, third and fourth year apprentices may be allowed to work by themselves from time to time. SECTION 3: The term of apprenticeship is four (4) years. During this time the apprentice must attend school while school is in session. Employers must fix overtime work so as not to conflict with schooling. Employers not cooperating with the Apprenticeship Committee in keeping the apprentice in regular attendance shall be deprived of their apprentices. SECTION 4: An apprentice shall go to work under the provisions of the Apprenticeship Standards. SECTION 5: All government decisions concerning wage and hour laws and Apprenticeship Programs must be complied with. SECTION 6: Any shop employing at least three (3) journeymen must employ one (1) apprentice. SECTION 7: Any Employer or apprentice not abiding by these regulations will be brought before the Joint Apprenticeship Committee. SECTION 8: The cost of the Apprenticeship Schooling is to be borne by the Joint Apprenticeship and Training Fund.

ARTICLE XIII MANDATORY CLAUSES

SECTION 1: The Contractor or Employer party to this Agreement, when engaged in work outside the geographical jurisdiction of the Union party to this Agreement, shall employ not less than fifty percent (50%) of the workers employed on such work from the residents of the area where the work is performed, or from among persons who are employed the greater percentage of their time in such area; provided that the first employee on any such job or project shall be selected by the Employer from any geographic jurisdiction. SECTION 2: The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of the Union party to the Agreement, comply with all of the lawful clauses of the Collective Bargaining Agreement in effect in said other geographic jurisdiction and executed by the Employers of the industry and the IUPAT affiliated Local Unions in that

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jurisdiction, including, but not limited to, the wages, hours, working conditions, fringe benefits, and procedure for settlement of grievances set forth therein; provided, however, that where no affiliated Union has a current effective agreement covering such out-of-area work, the Employer shall perform such work in accordance with this Agreement; and provided, further, that as to employees employed by such Employer from within the geographic jurisdiction of the Union party to this Agreement and who are brought into an outside jurisdiction, such employees shall be entitled to receive the wages and conditions including fringe benefits effective in either the home or outside jurisdiction, whichever are more favorable to such employees. In situations covered by the last proviso, fringe benefit contributions on behalf of such employees shall be made solely to their home funds in accordance with their governing documents, and the difference between the wages and benefit contributions required by the away funds and the home funds, if any, shall be paid to the employees as additional wages. This provision is enforceable by the District Council or Local Union in whose jurisdiction the work is being performed, both through the procedure for settlement of grievances set forth in its applicable Collective Bargaining Agreement and after exhaustion of those procedures, through the courts, and is also enforceable by the Union party to this Agreement, both through the procedure for settlement of grievances set forth in this agreement and after exhaustion of those procedures, through the courts. SECTION 3: The fifty percent (50%) manpower requirement referred to in Section 1 of this Article shall not apply when the Employer party to this Agreement is engaged in work within the geographical jurisdiction of District Council 91; however, the employees brought from the Employer’s home Local Union area are still entitled to receive the more favorable wage package of the home Local Union or the affiliated Local Union, and the Employer must still abide by the work rules in effect in the area in which the work is being performed. SECTION 4: The Employer party hereto shall not attempt to engage in any work covered by the Agreement through the use or device of another business or corporation which such Employer owns or controls or through the use or device of a joint venture with another Employer or Contractor without first consulting with the Union for the purpose of establishing to the Union's satisfaction that the use of such device is not for the purpose of taking advantage of lower wages or conditions that are in effect in the area where said device is sought to be used. If the Union is not so satisfied, the Union may resort to all available legal or economic recourse, including cancellation of this Agreement, notwithstanding any other provisions of this Agreement. SECTION 5: Employees covered by this Agreement shall have the right to respect any legal primary picket line validly established by any bona fide labor organization, and the Union party to this Agreement has the right to withdraw employees covered by this Agreement whenever the Employer party to this Agreement is involved in a legitimate primary labor dispute with any bona fide labor organization. SECTION 6: PRESERVATION OF WORK CLAUSE: A. To protect and preserve, for the Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise),

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management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. B. All charges of violations of Subsection A of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Section, the Joint Trade Board or arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those Employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. C. If, after an Employer has violated this Section, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust Fund.

ARTICLE XIV ADMINISTRATIVE DUES CHECK-OFF

SECTION 1: Every Employer signatory to this Agreement hereby agrees to check off from the wages of any Employee employed by such Employer during the term of this Agreement administrative dues in the amount specified in the District Council 91 Bylaws and to remit said amount to the District Council in the following manner: A. The Union will notify the Employer in writing of the amount of administrative dues specified in the Bylaws, and will submit to the Employer a copy of the Bylaws or applicable Bylaws provision. B. For each payroll period, the Employer will deduct from the wages of each Employee the amount specified in the Bylaws based on the gross amount of pay during said payroll period and will accumulate said deductions to the end of the month. C. Each month, on or before the due date of the applicable Local Union fringe benefit reports, the Employer will remit to the Union the entire amount of administrative dues due and owing as to each Employee for the month previous, together with a list of Employees covered hereby and the number of hours worked by each during the applicable period. SECTION 2: When a signatory Employer performs a job within the jurisdiction of a Union affiliated with the IUPAT other than the Union signatory hereto and the Bylaws of that other Union contain a provision for administrative dues or business representative "assessment", the Employer shall check off from the wages of employees covered by this Agreement and employed on that job, administrative dues or business representative "assessment" in the amount stated in that other Union's Bylaws, and shall remit said amount to that other Union. In that event, that other Union shall be acting as agent of the signatory Union for the purpose of policing

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and administering this Agreement. In performing the check-off, the procedure specified in Section 1 will be followed, except that it shall be the responsibility of said other Union to notify the Employer in writing of the amount of administrative dues or business representative "assessment" specified in its Bylaws, and to submit to the Employer a copy of the Bylaws or the applicable Bylaw provision. When the signatory Employer performs a job within the jurisdiction of a Union affiliated with the IUPAT other than the Union signatory hereto, and the Bylaws of that other Union contain no provision for administrative dues or business representative "assessment", the Employer shall continue to be bound by Section 1. SECTION 3: The obligation of the Employer under Sections 1 and 2 shall apply only as to Employees who have voluntarily signed a valid dues deduction authorization card. SECTION 4: At the time of employment of any Employee, the Employer will submit to such Employee for his voluntary signature a dues deduction authorization card in triplicate, one copy of which is retained by the Employer, one copy retained by the employee and the other returned to the Union. Forms will be supplied to each Employer by the Union. SECTION 5: On or before the tenth (10th) day of each month, the Employer will submit to the Union a list of all Employees covered by this Agreement who have not signed a dues deduction authorization card, together with the gross amount of pay of each such Employee during the month previous.

ARTICLE XV

HEALTH AND WELFARE FUNDS SECTION 1: For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments, for each hour or portion thereof for which an Employee receives pay, to the applicable area Health and Welfare Funds for each Employee covered by this Agreement, in the amount listed in the applicable Local Union Addendum. SECTION 2: Should either the State or Federal Government pass legislation mandating all Employers to participate in a National or Statewide Health Care Plan, negotiations shall commence immediately to modify this Article to comply with the new legislation. The purpose of these negotiations will be to insure that neither party to this Agreement shall receive additional financial burdens. All other provisions of the contract shall remain in full force until scheduled contract expiration. This Article as written shall become null and void no later than the effective date of said new legislation. SECTION 3: In the event a new Painters Health and Welfare Fund is established through the affiliated Local Unions of District Council 91, it shall not be a violation of this Agreement for the Trustees of the Health and Welfare Funds of any of the Local Unions affiliated with District Council 91 to proceed into a Participation Agreement with the newly established Fund. This Article will be amended accordingly if new or different language is required.

ARTICLE XVI

JOINT APPRENTICESHIP FUNDS SECTION 1: For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments, for each hour or portion thereof for which an Employee receives pay, to the applicable Local Union Joint Apprenticeship and Training Funds for each Employee covered by this Agreement, in the amount listed in the applicable Local Union Addendum.

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SECTION 2: The terms and conditions of the Trust Fund Agreements and the rules and regulations as adopted by the Trustees shall be made a part of this Agreement by reference. SECTION 3: In the event a new Apprenticeship Fund is established through the affiliated Local Unions of District Council 91, it shall not be a violation of this Agreement to proceed into a Participation Agreement with the newly established fund. This Article will be amended accordingly if new or different language is required.

ARTICLE XVII

PAINTERS & ALLIED TRADES FINISHING TRADES INSTITUTE

For the duration of this Agreement, and any renewals or extension thereof, the Employer agrees to make payments, for each hour or portion thereof for which an Employee receives pay, to the Painters and Allied Trades Finishing Trades Institute ("FTI"), formerly known as the IUPAT JATF, for each employee covered by this Agreement, in the amount listed in the applicable Local Union Addendum.

ARTICLE XVIII

PAINTERS & ALLIED TRADES LABOR MANAGEMENT COOPERATION INITIATIVE

For the duration of this Agreement, and any renewals or extension thereof, the Employer agrees to make payments, for each hour or portion thereof for which an Employee receives pay, to the Painters and Allied Trades Labor Management Cooperation Initiative ("LMCI") for each employee covered by this Agreement, in the amount listed in the applicable Local Union Addendum.

ARTICLE XIX IUPAT INDUSTRY PENSION FUND

SECTION 1: For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments, for each hour or portion thereof for which an Employee receives pay, to the IUPAT Industry Pension Fund for each Employee covered by this Agreement, in the amount listed in the applicable Local Union Addendum. SECTION 2: The membership of each Local Union reserves the right to determine the amount to be allocated to the IUPAT Pension Plan and the amount to be allocated to the IUPAT Annuity Plan. SECTION 3: The payments to the Pension Fund required above shall be made to the IUPAT Industry Pension Fund, which was established under an Agreement and Declaration of Trust, dated April 1, 1967.

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ARTICLE XX FUND CONTRIBUTIONS, REPORTS AND PENALTIES

SECTION 1: The Employer hereby agrees to make contributions to all District Council and affiliated Local Union Trust Funds in accordance with the terms of this Agreement and its Addendums, and with the Agreements and Declarations of Trust under which each Fund is operated. Local Union Addendums may include other Funds to which contributions must be made in addition to those Funds described in Articles XV through XIX above. Contributions to all Funds shall be made in the amount listed in the applicable Local Union Addendum. SECTION 2: In the event the members want to add more contributions to any of these Funds, it may be added to by a majority vote at a Special Meeting called for this purpose. This increase in the amount of contributions would come from the total negotiated wage package. SECTION 3: Contributions to all Funds shall be made at such time and in such manner as the Trustees of the applicable Funds require, and the Union and/or the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll, wage and cash disbursement records and general ledger of the Employer for the purpose of determining the accuracy of contributions to any and all Funds. SECTION 4: The Employer hereby irrevocably designates as its representative on the Board of Trustees of the applicable Funds such Trustees as are now serving, or who will in the future serve, as Employer Trustees, together with their successors. The Employer hereby agrees to be bound by and to the said Agreements and Declarations of Trust, as amended from time to time, as though he had actually signed the same. The Employer further agrees to be bound by all actions taken by the Trustees pursuant to the said Agreements and Declarations of Trust. SECTION 5: For the purpose of this Agreement, each hour paid for, including hours attributable to show up time, and other hours for which pay is received by the employee in accordance with this Agreement, shall be counted as hours for which contributions are payable. SECTION 6: Contributions shall be paid on behalf of any employee starting with the employee's first day of employment in a job classification covered by this Agreement. This includes, but is not limited to, apprentices, helpers, trainees, and probationary employees. Exceptions to this provision are detailed in the applicable Local Union Addendum. SECTION 7: If an Employer fails to make contributions to any of the said Funds within twenty days after the date required by the Trustees, the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any other provisions hereof to the contrary notwithstanding, and the Employer shall be liable for all costs of collection of the payments due together with attorney fees and such penalties as may be assessed by the Trustees. The Employer’s liability for payment under this article shall not be subject to or covered by any grievance or arbitration procedure or any "no-strike" clause which may be provided or set forth elsewhere in this Agreement. SECTION 8: All Health and Welfare Plans, the FTI, District Council and Local Union Apprenticeship Plans, and the IUPAT Pension Plan and Annuity Plan adopted by the Trustees of said Funds shall at all times conform with the requirements of the Internal Revenue Code so as to enable the Employer at all times to treat contributions to said Funds as a deduction for income tax purposes. SECTION 9: The Employer must use the monthly fringe benefit report forms provided by the Union, or a similar form approved by the Union. SECTION 10: The monthly fringe benefit reports and payments by each Employer shall be examined by the Local Joint Trade Board at its regular meeting.

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SECTION 11: The monthly fringe benefit report must be received by the date required by the Trustees regardless of whether payment is made. Failure to submit said report will result in immediate removal of that Employer's employees. SECTION 12: Due dates and specific penalties are detailed in the applicable Local Union Addendum. Employees may be removed from any Employer that is more than sixty (60) days late.

ARTICLE XXI CENTRAL COLLECTION SYSTEM

SECTION 1: The IUPAT District Council 91 Transfer Fund has been established for the collection and distribution of payments to all Local Union and District Council Funds, including administrative dues. When submitting the required monthly fringe benefit form and corresponding payment each month, the Employer will issue two checks. One check for the required contributions to the IUPAT Industry Pension Fund must be paid directly to that Fund; the second check will be made payable to the “IUPAT DC 91 Transfer Fund” in an amount totaling the sum of the totals of all other contributions and deductions owed for that month. SECTION 2: The Employer, shall, with respect to any and all contributions or other amount that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including, but not limited to, the IUPAT Industry Pension Plan, the IUPAT Annuity Plan, the IUPAT Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as they may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly, or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contribution shall be submitted on appropriate forms, in such format and with such information as may be agreed to by Central Collections.

ARTICLE XXII

GRIEVANCE PROCEDURE AND JOINT TRADE BOARD AUTHORITY SECTION 1: GRIEVANCE: A. In the event a dispute arises over the interpretation of any clause in this Agreement, or a grievance arises as to the application of this Agreement, the parties involved shall first make every effort to settle the dispute. B. All parties to this Agreement shall have the right to file a grievance. C. In the event the Local Union’s representative and the Employer’s representative cannot resolve the grievance, either party may put the Grievance in writing, submitting one copy to the other party and a duplicate copy to both the Chairman and the Secretary of the Local Joint Trade Board.

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SECTION 2: LOCAL JOINT TRADE BOARD: A. There shall be a permanently constituted Local Joint Trade Board consisting of three members appointed by the Business Manager/Secretary-Treasurer of District Council 91 and three members appointed by area signatory Employers. In odd numbered years, the Employers in that Local Union’s geographical jurisdiction shall appoint the Chairman of the Local Joint Trade Board and the Business Manager/Secretary-Treasurer shall appoint the Secretary of the Local Joint Trade Board. In even numbered years, the offices shall be reversed although, by joint agreement, the parties may decide not to alternate offices. In the event that either or both the Chairman or Secretary are the griever or grieved party of the grievance submitted to the Local Joint Trade Board, then, a Chairman pro tem and/or a Secretary pro tem, as the case may be, shall fill the office for that particular grievance only. Neither the Union representative who filed/responded to the verbal grievance nor the Employer representative who filed/responded to the verbal grievance shall serve as a member of the Local Joint Trade Board hearing the submitted written grievance. No employee shall sit as a member of the Trade Board on any case when he or his Employer is involved, either directly or indirectly, nor shall any Employer signatory to this Agreement act as a member of the Joint Trade Board on any case when he or one of his employees is directly or indirectly involved. B. In order for a grievance to be processed, all grievances will be made in writing to one of the full-time District Council representatives within ten (10) working days of the occurrence of the problem that prompted the grievance or the grieving party became aware of the problem. No procedures adopted for the processing of grievances shall prevent District Council 91 itself from initiating a grievance if deemed necessary by the Business Manager/Secretary-Treasurer. C. Upon receipt of the written grievance by the Local Joint Trade Board’s Secretary, the Local Joint Trade Board shall conduct a hearing of the grievance at the next scheduled meeting of the Local Joint Trade Board (providing there is at least 10 days to prepare) or at an earlier date if deemed necessary at the discretion of the Local Joint Trade Board Chairman or Secretary. The Secretary shall forward a copy of the grievance to the Business Manager/Secretary-Treasurer of District Council 91 and to the Employers’ appointed officer on the Area-Wide Joint Trade Board, as detailed below. The Local Joint Trade Board Chairman shall chair the hearing. The Local Joint Trade Board’s Secretary shall take the notes of the hearing, retain copies of any documents submitted to the Local Joint Trade Board and shall prepare the decision. D. The Local Joint Trade Board shall reach its decision within three (3) business days after the hearing and shall mail by certified mail, return receipt requested, a copy of the decision to the grieving/grieved Union representative and grieving/grieved Employer representative within five (5) business days of the hearing. A copy of the decision shall also be sent to the Business Manager/Secretary-Treasurer of District Council 91 and to the Employer Officer of the Area-Wide Joint Trade Board. E. In case any of the members of the Local Joint Trade Board are disqualified from sitting as Board members due to participation in the verbal grievance then the remaining Board members for each group (Union/Employer) may either proceed with its two remaining members or may appoint its own replacement for the disqualified individual. Whatever decision is made with respect to replacing a disqualified Board member, each group shall still have a full complement of three votes to exercise. A quorum shall exist for the hearing so long as at least one Union and one Employer Board member are in attendance at the hearing. For illustration purposes only, if the Union has only one Board member in attendance such individual shall have

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three (3) votes. If the Contractors have two Board members in attendance at the hearing, each Contractor member shall have one and one-half votes. F. In the event a hearing is not conducted at the next scheduled or special meeting after submission of the written grievance to the Local Joint Trade Board, or if there is no quorum at the scheduled or special Local Joint Trade Board hearing, or if the Local Joint Trade Board deadlocks on the written grievance, then the grieving party may automatically refer the grievance to the District Council 91 Area-Wide Joint Trade Board by submitting a letter referring the grievance to the District Council 91 Area-Wide Joint Trade Board. SECTION 3: DISTRICT COUNCIL 91 JOINT TRADE BOARD a/k/a AREA-WIDE JOINT TRADE BOARD: A. There will be a permanently established District Council 91 Area-Wide Joint Trade Board which shall be composed of the District Council 91 Business Manager/Secretary-Treasurer and the appointee of the Employer Officers of all of the Local Joint Trade Boards which wish to participate in the selection process of the Employer Officer of the Area-Wide Joint Trade Board. Additionally, the Business Manager/Secretary-Treasurer shall appoint a representative from each Local Union affiliated with the District Council and each Local Union's counterpart territorial Employers shall each be entitled to appoint one member to the District Council 91 Area-Wide Joint Trade Board. B. District Council 91's Business Manager/Secretary-Treasurer and the Area-Wide Joint Trade Board Employers’ selected member officer shall serve as Secretary and Chairman, respectively, and shall alternate offices each year, if one or both of such individuals so requests. In the event that the Area-Wide Employer officer is the grieving/grieved party with respect to the grievance to be heard then an alternate shall be selected by those Employers' Area-Wide Joint Trade Board members who are in attendance at the hearing. C. Once a grievance is referred to the District Council Area-Wide Joint Trade Board for any of the reasons set forth in Section 2(F), a hearing shall be scheduled as soon as possible by the Area-Wide Joint Trade Board’s officers. D. Neither of the members of the Local Joint Trade Board from which the grievance is submitted, nor any members of the Local Trade Board in which the grieving/grieved Employer has its principal office shall sit on the Area-Wide Joint Trade Board for that particular grievance. E. A quorum for the District Council 91 Area-Wide Joint Trade Board shall consist of a minimum of three (3) Employer members and three (3) Union members. Whichever side (Union or Employer) has the most members at the hearing shall have that number be its total vote, with each member having one vote. The side having the lesser number of members present shall have the same total number of votes which shall be allocated among its members present to ensure that an equal number of votes are being cast. For example, if ten (10) Employer members are present and five (5) Union members are present then each Employer member shall have one (1) vote and each Union member shall have two (2) votes. F. The Area-Wide Joint Trade Board shall reach its decision by no later than three (3) days after the hearing and shall mail the decision by certified mail, return receipt requested, to the grieving and grieved parties as soon as reasonably possible thereafter. G. In the event of a deadlock by the Area-Wide Joint Trade Board, the grieving party shall have fifteen (15) days to notify the officers of the Area-Wide Joint Trade Board of its desire to proceed to arbitration. The officers shall then work with the grieving and grieved party on mutually selecting an Arbitrator within seven (7) days after the referral to Arbitration. If the parties are unable to mutually select an Arbitrator, then they shall contact the Federal Mediation

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and Conciliation Service to obtain a panel of at least seven (7) nationally recognized arbitrators from which an Arbitrator shall be selected. H. The Arbitrator may consider only the particular issue or issues presented to him in the written grievance. The authority of the Arbitrator is strictly limited to the interpretation or application of the existing terms of this Agreement and any amendments and Addenda, thereto. SECTION 4: AUTHORITY OF THE LOCAL AND AREA-WIDE JOINT TRADE BOARDS: A. The Local Joint Trade Board shall hold regular monthly meetings, or shall meet at any time deemed necessary by one or both of its officers and shall meet to conduct grievance hearings as detailed above. The Area-Wide Joint Trade Board shall meet as deemed necessary by the Business Manager/Secretary-Treasurer and or the Contractor Officer. B. Each Joint Trade Board is authorized to impose fines and to issue directives against a party held to have violated this collective bargaining agreement. C. Each Joint Trade Board is authorized to request and to receive whatever records are necessary to resolve the grievance being heard and to call before them all parties concerned. D. Any failure to supply documentation or to produce a witness deemed necessary by each Joint Trade Board shall be the basis for denying or granting the grievance as the case may be. E. Fines assessed as part of a Joint Trade Board decision may be directed to be paid to charitable organizations or another mutually agreed upon entity including, but not limited to, the Local or Area-Wide Joint Trade Boards. F. Expenses and fees of arbitration shall be shared equally by the parties. SECTION 5: GENERAL PRINCIPLES: A. The decisions of the Local and Area-Wide Joint Trade Boards as well as by an Arbitrator shall be final and binding on all persons and entities seeking to enforce rights and obligations created by the particular parties' collective bargaining agreement. B. There shall be no strikes or lockouts during the terms of this Agreement, except with respect to a party which has failed to cooperate in the grievance process or to abide by a decision of the Local or Area-Wide Joint Trade Board and with respect to an Employer's failure to pay the required contractual wages, fringe benefits and deductions. C. All actions and decisions taken by each Local Joint Trade Board and by the Area-Wide Joint Trade Board and their members shall be made as a Joint Board. No individual representative and/or officer shall have any personal liability for serving in such position. D. Each Joint Trade Board shall set up a financial budget, keep accurate records of all income and expenditures and be entitled to employ any professionals deemed necessary to aid in its consideration of a grievance. E. All expenditures made by the Joint Trade Board shall be limited to costs incurred in the administration of this Agreement and the general promotion of the industries covered by this Agreement. F. A party's utilization or failure to utilize the procedures set forth in this Article shall not interfere with any legal rights otherwise available to the ERISA Funds identified in this Agreement. SECTION 6: GUIDING PRINCIPLES: A. It is agreed that it is unfair for any person to be bound by the terms of this Agreement unless all other persons hereto observe likewise.

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B. It is recognized that it would constitute unfair competition for any Employer to observe the wages and working conditions agreed upon while its competitor ignored wages and conditions. C. It is further recognized that signatory Employers and the Union owe their very existence to the principles embodied in this Agreement and to the furtherance of harmonious relations between signatory contractors and the Union. SECTION 7: ADDITIONAL AUTHORITY: The Local Joint Trade Boards are empowered to interpret their applicable Local Union Addendum so as to give force and effect to the intent, purpose and meaning of their Addendum. The Area-Wide Joint Trade Board is empowered to interpret this Agreement and its Addendums so as to give force and effect to the intent, purpose and meaning of this Agreement and its Addendums. They may also consider and recommend amendments and/or addenda to the collective bargaining agreements during their terms. Such recommendations shall be subject to ratification by the negotiating parties in order to be implemented.

ARTICLE XXIII BONDING REQUIREMENTS

SECTION 1: In order to secure payment of wages, fringe benefits and deductions payable under this Agreement and under any other Agreement requiring a similar security arrangement as identified herein which the Employer or Contractor has with a Local Union affiliated with District Council 91, each Employer or Contractor upon becoming a signatory contractor to this Agreement shall in one of the following ways post security with and in the name of District Council 91 of the International Union of Painters and Allied Trades, AFL-CIO, and its affiliated Local Unions: A. By means of a surety bond in the sum of twenty-five thousand dollars ($25,000) underwritten by a surety company acceptable to District Council 91. Such a bond shall utilize the form which is attached to this Agreement, unless the Union otherwise agrees in writing. B. By means of a cash deposit in the sum of twenty-five thousand dollars ($25,000) with a bank or trust company acceptable to District Council 91 provided through an escrow agreement binding such deposit to the payment of wages, fringe benefits and deductions, and any later payment penalties thereto. The Employer or Contractor so depositing such funds shall be entitled to all interest earned by said deposit. The escrow agreement shall utilize the form which is attached to this Agreement and shall be with the escrow agent selected by District Council 91, unless the Union otherwise agrees in writing. C. By means of an irrevocable letter of credit with a value of twenty-five thousand dollars ($25,000) with a bank acceptable to District Council 91 with said letter of credit naming the Union as beneficiary. A sight draft shall be drawn on the letter of credit when District Council 91 presents a written statement to the bank stating the amount of unpaid wages, fringe benefits, deductions and any late payment fees thereto. The irrevocable letter of credit shall utilize the form which is attached to this Agreement, unless District Council 91 otherwise agrees in writing. D. In those cases in which an Employer cannot obtain the required bonding, the escrow deposit or an irrevocable letter of credit, the contractor may become signatory providing the contractor signs a Memorandum of Understanding agreeing to pay the fringe benefits weekly.

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SECTION 2: A surety arrangement posted with District Council 91 (and any of its other affiliated local unions, to the extent that the surety arrangement is “District Council wide”) meeting any one of the above requirements will be acceptable for the collection of unpaid wages, delinquent fringe benefits and delinquent deductions (and late fees, to the extent permitted by the particular security arrangement)owed for any work performed under this Agreement provided such surety arrangement can be minimally applied to the delinquent principal amounts (wages, fringe benefits and deductions) occurring under this Agreement. Separate or duplicate bonding will not be required when the Employer or Contractor works in any jurisdiction covered by District Council 91. Separate bonding, or its equivalent, may be required by an Agreement the Employer or Contractor may have with the International Union.

ARTICLE XXIV

SUPREMACY CLAUSE The Employer agrees not to enter into any agreement or contract with his or her employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. Any such agreement shall be null and void.

ARTICLE XXV

INTERNATIONAL UNION NOT A PARTY TO THIS AGREEMENT SECTION 1: It is understood and agreed by and between the parties to this Agreement that, by approving this Agreement pursuant to provisions set forth in the IUPAT Constitution, neither the International Union of Painters and Allied Trades, nor any of its officers, agents, employees or representatives shall, in any manner: A. Be made the subject of any duty or liability whatsoever arising from the terms and conditions of this Agreement; B. Be held liable with respect to any claims, causes of action or liabilities relating to the application or interpretation or the terms or interpretation of the terms of this Agreement, or the actions of the parties in relation thereto; and C. Be construed as parties to this Agreement. SECTION 2: The parties further acknowledge that the International Union shall not, in any manner, incur any responsibilities, duties or liabilities under this Agreement, by contract or by operation of law, that result from the exercise of the International Union’s duty, pursuant to its International Constitution, to approve this Agreement as to form.

ARTICLE XXVI

GENERAL SAVINGS CLAUSE SECTION 1: If any Article or Section of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement or the application of such Articles or Sections to persons or circumstances other than those as to which it has been held invalid or as to which compliance with enforcement of has been restrained, shall not be affected thereby.

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SECTION 2: In the event that any Article or Section is held invalid or enforcement of or compliance with any Article or Section has been restrained, as above set forth, the affected parties shall meet at the request of the Union, for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after beginning of the period of invalidity or restraint, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provision in this Agreement to the contrary.

ARTICLE XXVII

NON-DISCRIMINATION SECTION 1: The Employer and/or the Union shall not discriminate against any person because of, or on account of race, creed, color, national origin, sex, age, disability, marital status, sexual orientation or citizenship status in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination, and all other terms and conditions of employment. SECTION 2: Any member of the Union acting in any official capacity whatsoever shall not be discriminated against for his acts as such officer or representative of the Union, nor shall there be any discrimination against any employee because of Union membership or activities.

ARTICLE XXVIII

DURATION CLAUSE SECTION 1: This Agreement shall be in full force and effect from June 1, 2008 through May 31, 2012, and shall continue from year to year thereafter, unless at least sixty (60) days and no more than ninety (90) days prior to the expiration date, either party, Union or Employer(s), notifies to amend, modify or terminate this Agreement. Such notice shall be by registered or certified mail, return receipt requested. SECTION 2: Where no such cancellation or termination notice is served and the parties desire to continue said Agreement, but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a written notice not less than sixty (60) and not more than ninety (90) days prior to May 31st, 2009, or May 31st of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement. The respective parties shall be permitted all legal or economic recourse to support their requests for revisions if the parties fail to agree thereon. Nothing herein shall preclude the parties from making revisions or changes in this Agreement, by mutual consent, at any time during its term. SECTION 3: Two original jointly-signed and sealed Memorandums of Agreement are to be signed by the Employer and a District Council 91 Business Representative for this Agreement to be valid. One original of the Memorandum of Agreement will be retained by the Employer and the other original Memorandum of Agreement will be retained by the Union.

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IUPAT DISTRICT COUNCIL 91 COLLECTIVE BARGAINING AGREEMENT

ADDENDUM H LOCAL UNION 460, NORTHWEST INDIANA

ARTICLE I GEOGRAPHICAL JURISDICTION

The geographical jurisdiction of Painters Local Union 460 consists of the following Counties in the State of Indiana: Lake, Porter, Jasper, Newton, White, Starke, Pulaski, and part of LaPorte County, West of Highway 39 and South of Highway 20 (excluding the city of LaPorte East of Highway 39 and the city of Michigan City North of Highway 20 and the East side of LaPorte – Porter County Line Road from Highway 20 to Lake Michigan).

ARTICLE II RATES OF PAY

SECTION 1: The HOURLY RATES OF PAY for employees covered by this Addendum (except Apprentices) are as listed below. The rates of pay include all work performed within the geographical jurisdiction of Painters Local Union 460, with the exception of Specialized Plant Services (See Addendum H-1) and Residential Work (See Addendum H-2).

A. COMMERCIAL PAINTER: June 1, 2008 through May 31, 2009

CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSIONIUPAT

ANNUITY

JATFIUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL

Journeyman $30.44 $7.43 $5.00 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $45.78Working Foreman $31.94 $7.43 $5.00 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $47.28

June 1, 2009 through May 31, 2010

CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL

Journeyman $31.64 $8.43 $5.55 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $48.53Working $33.14 $8.43 $5.55 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $50.03


CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL


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CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL

Journeyman TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $54.78Working TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $56.28

The negotiated increase for June 1, 2011 through May 31, 2012 is a total of three dollars and twenty-five cents ($3.25). The membership of Local Union 460 reserves the right to apply the increase to wages and/or fringes as needed.

B. INDUSTRIAL PAINTER:


CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL

Journeyman $31.49 $7.43 $5.00 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $46.83Working $32.99 $7.43 $5.00 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $48.33General Foreman $33.49 $7.43 $5.00 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $48.83


CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL



CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL



CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL

Journeyman TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $55.83Working TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $57.33General Foreman TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $57.83


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C. DRYWALL FINISHER:


CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL



CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL



CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL



CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSION IUPAT

ANNUITY

JATF IUPAT

FTI LMCI FUND

PDAF

BCRC

TOTAL

Journeyman TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $55.58Working TBD TBD TBD TBD $0.45 $0.05 $0.05 $0.06 $0.05 $56.58


SECTION 2: WORK DAY AND WORK WEEK: Article VII, Section 2, of the IUPAT District Council 91 Collective Bargaining Agreement shall not apply in the geographical jurisdiction of Local Union 460; it is superseded by the following language: Eight (8) hours between 8:00 AM and 4:30 PM shall constitute a regular workday, with thirty (30) minutes for lunch. Forty (40) hours within five days, Monday through Friday inclusive, shall constitute a workweek, except when a designated holiday intervenes. There shall be no work between the hours of 7:00 AM and 8:00 AM or 4:30 PM and 5:30 PM or on a Saturday except by mutual agreement of the parties. No employees shall report for work before 7:30 AM. SECTION 3: OVERTIME: One and one-half (1½) times the straight time rate of pay shall be paid on all work performed in excess of the regularly scheduled hours. All work commencing with the beginning of the established workday on Sunday shall be paid at double time on all job sites or projects where another craft receives double time pay. On job sites or projects where painters are the only craft employed, the rate for Sunday work will remain at time and one-half (1½). The term job site or project encompasses the entire plant or facility.

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SECTION 4: SHIFT DIFFERENTIAL: When shifts are required, the first shift shall work eight (8) hours at the regular straight-time rate. The second shift shall work seven and one-half (7½) hours and receive eight (8) times the regular straight-time hourly rate plus twenty-five cents ($0.25). The third shift shall work seven (7) hours and receive eight (8) times the regular straight-time hourly rate plus fifty cents ($0.50). A thirty (30) minute lunch period shall be mutually agreed upon by the Job Superintendent and the Union Representative and shall not be considered as time worked. When no other shifts are being worked, the second and third shifts time period shall be paid the applicable premium rate, however, the standard work day of eight (8) hours shall apply. SECTION 5: TRAVEL TIME AND EXPENSE: Travel time shall not be paid within the geographical jurisdiction of Local Union 460. Traveling expenses to jobs outside the geographical jurisdiction of Local Union 460, including room, board and carfare, shall be paid by the Employer. Room and board shall be paid for every day an employee is required to stay out of town, whether work is or is not performed on that day. Traveling time shall be counted as working time and shall be paid at the regular rate of pay. All transportation over and above fifty cents ($0.50) per day shall be paid by the Employer. SECTION 6: RATE OF APPRENTICES: Employers shall be allowed one (1) apprentice for each three (3) journeymen or fraction thereof. Apprentices shall be required to have seven hundred and fifty (750) work hours and seventy-two (72) school hours each six (6) months to qualify for advancement. Excess work hours may be carried over from one six-month period to the next. Raises are subject to Joint Apprenticeship & Training Committee approval. The regular wage rate for apprentices shall be based on a percentage of the journeyman wage rate. Apprentices will receive 100% of all fringe benefits, with the exception of the IUPAT Pension Fund and Annuity Fund. Apprentice wages and Pension contribution rates are as follows:

Period Wage Percentage Pension Contribution Annuity Contribution First Six Months 50% $0.50 $0.25 Second Six Months 55% $0.50 $0.25 Third Six Months 60% $0.50 $0.50 Fourth Six Months 65% $0.50 $0.50 Fifth Six Months 70% $0.75 $0.50 Sixth Six Months 75% $0.75 $0.50 Seventh Six Months 80% $1.00 $0.50 Eighth Six Months 90% $1.00 $0.50

SECTION 7: FOUR TEN-HOUR DAYS: The Parties to this Agreement understand and agree that weather conditions and other factors can affect completion dates of the employer and the work opportunities of the employees. Therefore, it is agreed the following option may be utilized with the MUTUAL CONSENT of the Union, the Employer and the employees on the job. The work week shall consist of four (4) ten (10) hour days. Forty (40) hours shall constitute a week’s work. If the employees are scheduled for the four (4) ten (10) hour days, overtime will

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be paid on all hours worked over ten (10) in any one day. Overtime will be paid for all hours over forty (40) in any one week. The rate of pay for overtime shall be at the rate of one and one-half (1½) times the job classification rate. If employees are scheduled to work the four (4) ten (10) hour days, a make-up day will be allowed on Friday. Saturday make-up days will NOT be allowed under this Agreement. For the purpose of this Agreement, nothing in this Section will affect the rates of pay for Holidays as established in the following Section 9. However, a Holiday would qualify as a “rain out” and could be made up on Friday. If a Holiday falls on Friday, it will be observed as per the following Section 9. On all jobs where this option is used, the job, location of job, the number of employees and the names of employees shall be reported to the Union. SECTION 8: HOLIDAY PAY: All legal holidays shall be paid double time: New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day, and Christmas Day, or the days celebrated as such. When a holiday falls on a Sunday, the following Monday shall be recognized as such holiday. SECTION 9: REPORT IN PAY: If an employee reports to work and then through no fault of said employee is not put to work, or works less than two (2) hours, the Employer shall pay him for a maximum of two (2) hours work. New employees called to work the same day shall be guaranteed and paid for at least four (4) hours, except where an employee quits, is discharged for drunkenness, or weather conditions prevent work. SECTION 10: LAY OFF OR DISCHARGE: Laid off or discharged employees shall be paid in full immediately, and if required to go to some other point or the office of the employer, the employee shall be paid for the time required to go to such places. Any Employee not receiving pay upon layoff or discharge shall be entitled to receive four (4) hours of compensation at the proper straight-time rate of pay for each twenty-four (24) hour waiting period, or portion thereof, until such wages are received. The Union recognizes that due consideration must be given to unique circumstances beyond the control of the Employer. When employees quit of their own accord, or are terminated for cause, they shall wait until the regular payday for wages due them. No Employer shall hold back more than three (3) days pay in any five (5) workday period. SECTION 11: TRUCK DRIVER: No employee driving an Employer's truck shall be permitted to leave the shop before 8:00 AM or return later than 4:30 PM. If extra time is requested of the truck driver, he shall be paid one-half (½) hour in the morning and one-half (½) hour after quitting time. SECTION 12: LATE PAYCHECK PENALTIES: Any Employee not receiving pay by the end of the regular and established work week pay day shall be entitled to receive four (4) hours of compensation at the proper straight-time rate of pay for each twenty-four (24) hour waiting period, or portion thereof, until such wages are received. The Union recognizes that due consideration must be given to unique circumstances beyond the control of the Employer. SECTION 13: CREDIT UNION SAVINGS PLAN: A. The Employer shall withhold from wages a minimum of one dollar ($1.00) per hour for each hour upon the written request of any employee subject to this Agreement. This withholding shall hereinafter be referred to as a savings deduction and placed in a Trust Fund with a credit union designated by the Union. B. The Employer shall treat said savings deduction as wages, and shall make all legal payroll deductions for Withholding Tax, Social Security, etc., from the total wages, and then set aside the full amount for the savings deduction to be transmitted monthly to the designated credit

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union. Such savings deductions shall be transmitted monthly and directly to the designated credit union on or before the fifteenth (15th) day of the succeeding month. C. During the weeks of January 1 and July 1 of each year, the employee may file a written request with the Employer to exercise the option of having said savings deduction implemented or stopped.

ARTICLE III WORKING STANDARDS

SECTION 1: DESIGNATION OF WORKING FOREMAN: There shall be a Working Foreman appointed on each industrial job (such foreman to be appointed by mutual agreement between the Employer and the Union), and such Working Foreman shall receive Working Foreman's wages. In addition, on all work for each five (5) employees employed on a job, one (1) of such five (5) employees shall be designated as Working Foreman and paid Working Foreman's wages. A Working Foreman shall have no authority to exercise any of the functions customarily exercised by supervisors as defined in the Labor-Management Relations Act of 1947, as amended. Working Foremen and General Foremen may report no earlier than 7:30 AM and may remain in the shop until not later than 5:00 PM in order to prepare material and equipment. SECTION 2: SHOP STEWARD AND JOB STEWARD: In order to enforce the Collective Bargaining Agreement, each Employer shall have a SHOP Steward, and each out of town or visiting contractor shall have a JOB Steward. Said Steward shall be responsible for checking all union membership cards. Said Steward shall be a qualified working employee and shall have no special employment priority or security. Said Steward shall have no authority relative to hiring, firing, or tenure of employment. The Business Manager/Secretary-Treasurer of District Council 91 or his designee shall have the power to appoint the Shop Steward from among the men and women employed in each particular shop. This appointment shall be confirmed in writing to the Contractor. The Business Manager/Secretary-Treasurer of District Council 91 or his designee shall have the power to appoint the Job Steward from the membership of Local 460 for all out-of-town Contractors working in Local Union 460 jurisdiction. Upon any break or temporary suspension of work or job or project, the Job Steward shall be the first employee to be recalled back to work when work resumes or re-starts on said job or project. This holds true if job or project is halted for reasons of weather. All of the above conditions hold true, provided the Job Steward is qualified and can do the work prescribed. If a grievance concerning a Steward arises, the Steward and the Employer may appeal to the Joint Trade Board and notify the Executive Board of Local Union 460 within twenty-four (24) hours of the grievance. The Steward shall continue to work until a hearing and a decision has been rendered by the Joint Trade Board. SECTION 3: ASSIGNMENT OF OVERTIME: All overtime work must be done by journeymen and authorized apprentices in the bargaining unit and shall be distributed equally among the employees. No man shall be penalized for not working overtime. SECTION 4: DISCHARGE: Any employee who fails to become a member of the Union, or fails to maintain his membership therein, shall forfeit his right of employment and the Employer shall, within two (2) working days of being notified by the Union in writing as to the failure of an employee to join the Union or to maintain his membership therein, discharge such

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employee. For this purpose, the requirements of membership and maintaining membership shall be consistent with Federal and State Law. SECTION 5: TRANSPORTATION OF EQUIPMENT: No Employee shall rent, lease, or in any way make his car or truck available to an Employer for transportation of materials or equipment, other than hand tools and material weighing less than twenty-five (25) pounds. Transportation shall be furnished to and from the job site to the parking lot in a covered heated vehicle. The Employer shall transport all materials to and from the job site from shop. Employers must have their company name and/or logo displayed on company trucks. Employers must furnish scaffolding, drop cloths, tools and materials and have the same hauled to and from the job. SECTION 6: HEALTH AND SAFETY: All health and safety devices are to be made available by the Employer, and all work is to be done in compliance with Federal and State Health Laws and safety regulations. Employees will not be penalized for reporting to the Union or refusing to work on any job where the accumulation of materials or debris or faulty equipment may jeopardize their safety or slow down the operation of said job. All OSHA Standards in regard to use of fresh air and safety equipment are to be used with toxic materials. SECTION 7: CRAFTSMANSHIP: A high level of workmanship has been maintained in the particular County where the Employer is located. The maintenance of such is essential for the future prosperity of the industry and the employees working therein. In order to sustain such high level of craftsmanship and to safeguard the safety of employees in their employment, the Employer agrees to employ experienced and qualified workmen from the territory covered by this Agreement. SECTION 8: SANITARY FACILITIES: Fresh drinking water and sanitary facilities will be the responsibility of the Employer where employees in this bargaining unit are working. Should there be no such facilities, the employees will not be penalized for going to the nearest water and sanitary facilities during their regular working hours. SECTION 9: SHELTER: Any Employer employing three (3) or more employees must have a shanty equipped with heat. Any Employer, employing more than three (3) or more employees on any Industrial Job, must have shanty equipped with heat and adequate room to accommodate the number of employees on the job. Said shanty shall not be used for storage of equipment or material. SECTION 10: SANDBLASTING: When any sandblasting is done, the minimum whip (nozzle holding hose) length shall be ten (10) feet, with maximum inside diameter size 1 1/8" new hose and 1 3/8" old hose (already in use). Sandblasting air pressure shall not exceed 120 PSI at the sandblasting nozzle. SECTION 11: SPEED UP: There shall be no speed-ups and employees shall not be rushed beyond reason or fired without reason. SECTION 12: PREPARATORY WORK: All cleaning, wall washing, sand blasting, and preparatory work shall be done by regular members (Journeymen or Apprentice Painters). SECTION 13: DRYWALL FINISHING: No piecework will be allowed. The Employer will furnish dust masks and a heavy-duty drill for mixing. The Employer will stock job sites with all finishing materials, including water. SECTION 14: PERSONAL CLEAN UP TIME: Five (5) minutes shall be allowed each employee to wash up before lunch and quitting time, provided that industrial painters and drywall finishers shall be allowed fifteen (15) minutes before lunch and fifteen (15) minutes before quitting time.

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SECTION 15: BREAKS: There shall be two (2) fifteen (15) minute coffee breaks per work day; one break at 10:00 AM, and one break at 2:00 PM. When working twelve-hour shifts, there shall be an additional fifteen (15) minute break between the ninth (9th) and tenth (10th) hour worked. SECTION 16: DELAY IN REACHING JOB SITE: Any employee who reports for work and leaves the shop after 8:00 AM shall stand no loss of time if unable to get to work on account of distance or accident. SECTION 17: Individual employees have the right to associate with whomever they please. Accordingly, the refusal of any individual employee to work with any other employee, workman, or person shall not constitute a violation of this Agreement. SECTION 18: ACCESS TO PREMISES: The Representative of the Union shall be allowed access to any building at any reasonable time where employees in the bargaining unit are employed.

ARTICLE IV MISCELLANEOUS

SECTION 1: REPORT DUE DATE AND PENALTIES: A. DUE DATE: Article XXI, Section 1, of the IUPAT District Council 91 Collective Bargaining Agreement shall not apply in the geographical jurisdiction of Local Union 460; it is superseded by the following language: Contributions to the Local 460 Welfare Fund, IUPAT Industry Pension Fund, Joint Apprenticeship Training Fund, Northwest Indiana Painting & Decorating Joint Advancement Foundation Fund and the Building & Construction Resource Center Inc. Fund shall be computed by the employer on a monthly basis and sent to the Local 460 Union Office, not later than the fifteenth (15th) day of the month immediately following the month in which work was performed, with the consolidated transmittal form provided by the Union. B. PENALTIES: 1. The parties hereto hereby recognize the authority of the Trustees of the various Funds to add to the delinquent contributions and deductions of any Employer an amount equal to fifteen percent (15%) of the total delinquent contributions and deductions as liquidated damages for failure to make prompt and timely payment to the various funds provided herein. Such additional payments shall be paid to the various Funds. The parties hereto also recognize the authority of the Trustees to require Employers who are once delinquent to deposit with the various Fund offices in advance, as a guarantee for the future payment of contributions and deductions, an amount equal to the monthly contributions and deductions of such employer as estimated by the Funds’ Administrators. Penalties for delinquent contributions to the IUPAT Union and Industry Pension Fund are as set forth in that Fund’s Agreement and Declaration of Trust. 2. The parties recognize the Trustees’ authority to institute a policy whereby if an Employer’s delinquency, including any assessment of liquidated damages, is not paid in full within five (5) calendar days after said Employer is notified of such delinquency by the Administrators of the various Funds, the Employer shall be liable, in addition to the contributions and liquidated damages, for claims for the extent of benefits to which the employee would have been entitled if the required contributions had been made, plus all reasonable legal fees incurred by the various Funds in enforcing the payment thereof.

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3. It shall be considered a violation of this Agreement for any Employer to fail to pay or comply with any provision of this Article, or any rule or regulation made by the Trustees administering the said various Funds. In the event that the Union and/or the Trustees receive notice from any of the Administrators of the various Funds that the Employer has failed to pay in full any sums due the various Funds under this Article and that such failure has continued for five (5) calendar days the Union may remove all employees from such Employer’s employment until all sums due from the Employer under this Article have been paid in full. The Trustees may also exercise this authority by filing a grievance against the Employer pursuant to the grievance procedure of this Agreement. This remedy shall be in addition to all other remedies available to the Administrators, the Union and the Trustees, in accordance with the Collective Bargaining Agreement. Such removal of employees to collect contributions and deduction to the various Funds shall not be considered a violation of this Agreement, and it shall not be a subject of arbitration. 4. When any Employer employing members of Local Union 460 becomes delinquent in the payment of fringe benefits, said Employer shall be required to pay the Fund Administration Office on a weekly basis and must continue to do so for a period of twelve (12) months before said Employer is eligible to return to the monthly payment schedule. These payments shall then be hand-carried to the Local Union office on a weekly basis. 5. If employees are withdrawn from any job because of the Employer’s failure to pay contributions and deductions due under this Agreement, as provided above, the employees affected by such work stoppage shall be paid by the delinquent Employer for lost time up to a maximum of sixteen (16) hours pay, provided that five (5) calendar days written notice of the intention to withdraw the employees is given to the Employer by the Union or the various Fund offices. SECTION 2: DRUG AND ALCOHOL TESTING: A. Various Employer Associations under this Agreement and the Union are members of Building and Construction Resource Center, Inc. ("BCRC"), a non-profit corporation that was formed to provide services in the construction industry concerning alcohol, drug and other substance abuse. B. Each Employer under this Agreement shall pay to BCRC the sum of five cents ($0.05) per hour for each hour worked by each of its employees covered by this Agreement. Each Employer is obligated to make such contributions, regardless of whether or not such employer is a member of BCRC. C. Payments required to be made to BCRC shall be deemed to be governed by the provisions of this Agreement pertaining to the collection of the Health & Welfare and Pension payments required to be made by the Employers and thus, may be enforced in the same manner. D. The Board of Directors of BCRC will have full audit authority of the Employer's books and records as they pertain to this contribution. SECTION 3: SAFETY TRAINING AWARDS RECOGNITION (STAR) PROGRAM: In an effort to improve safety awareness, the Employer and the Union have established, effective June 1, 2008 a safety incentive program that rewards safe work habits and the participation in continuing safety education. This program shall be known as the Painters and Allied Trades STAR Program of Northwest Indiana, and shall be funded by a cents per hour contribution. For each hour, or portion thereof, for which an employee receives pay, the Employer shall make a contribution of forty-five cents ($0.45) to the Local Union 460 Joint Apprentice Training Fund (JATF). Thirty-five cents ($0.35) shall be apportioned to the Local 460 JATF and ten cents ($0.10) shall be dedicated to a separate checking account to fund the

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Painters and Allied Trades STAR Program of Northwest Indiana. The STAR Committee will regulate all aspects of the STAR Program, including but not limited to, the training course requirements, qualifying period, employee eligibility, raffle requirements and raffle awards. SECTION 4: NORTHWEST INDIANA PAINTING AND DECORATING JOINT ADVANCEMENT FOUNDATION: The Northwest Indiana Painting & Decorating Joint Advancement Foundation (herein after referred to as the "PDAF") was established heretofore pursuant to an Agreement and Declaration of Trust and is to be administered jointly by an equal number of representatives of the Finishing Contractors Association (“FCA”) and the Union, which Agreement and Declaration of Trust conforms to all requirements of law. A. PURPOSE: The purposes of this Foundation include the following:

1. To improve communication between representatives of the Employer and the Union and engender cooperative and harmonious relations between labor and management in the construction industry; 2. To provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness; 3. To provide a forum for open and honest discussion of problems confronting employees and employers in the painting and decorating industry; 4. To study and explore ways of increasing productivity of both labor and management and of eliminating potential problems which reduce the competitiveness and inhibit the economic development in the painting and decorating industry; 5. To enhance the involvement of workers in making decisions that affect their working lives and to improve the quality of work life for employees in the painting and decorating industry;

6. To expand and improve working relationships between workers and managers; 7. To promote the use of safe, efficient, high-quality construction services in the performance of the painting and decorating trade; 8. To seek to maintain a productive dialogue with users of painting and decorating services; 9. To foster the development of craft skills and high-quality training in the painting and decorating industry; 10. To provide continuing education opportunities for both labor and management; 11. To foster improvements in occupational safety and health and other working conditions in the painting and decorating industry; 12. To promote the industry as a professional institution through positive marketing; 13. To promote contractor membership and encourage active participation in the FCA;

14. To promote the establishment of a drug-free workplace. 15. To engage in any other lawful activities incidental or related to the accomplishment of these purposes.

B. COMPOSITION: The administration of the PDAF shall be composed of a committee of four (4) members, two (2) members from the Union (the Business Representative from Local Union 460 shall be one delegate and the Business Manager/Secretary-Treasurer of District Council 91 shall appoint the other) and two (2) members appointed by the FCA. Each of the parties hereto (i.e., the Union and the FCA) may appoint one or more alternates, who, when designated by the appointing party, shall sit in the place of a regular member (who had been

31

appointed by the same party) during such regular members' absence or inability to function. The Alternates, when substituting, shall be vested with the same power and authority as the regular members. All vacancies shall be filled by the FCA or Union making the Appointment of the member whose position is vacant. Each member shall be subject to removal only by this appointing party. Four (4) members consisting of two (2) Union appointees and two (2) FCA appointees shall constitute a quorum. Decisions of the Committee shall be determined by a majority vote. The members of the Committee shall annually elect a Chairman and a Secretary, provided that one of such officers is a Union appointee and the other is a FCA appointee. The Committee shall keep and maintain full and complete records and minutes of the meetings. C. CONTRIBUTIONS: Each and every Employer shall pay the sum of six cents ($0.06) per hour for each hour worked by each Local Union No. 460 journeyman and/or apprentice employed by him or her within or outside the geographical jurisdiction of Local Union 460, to the PDAF. The six cents ($0.06) per hour is composed of four cents ($0.04) an hour from the Employers and two cents ($0.02) an hour from the Members of the Local Union 460. Said payments are to be reported and paid monthly on the same form as provided for the reporting of contributions to the Welfare and Pension Funds of Local Union 460, and such payment shall be submitted to said PDAF or its designated agent on or before the fifteenth (15th) day of the month next following the month for which the report is submitted. Two cents per hour of this contribution shall be designated for the Northwest Indiana FCA and deposited in an account designated for such purpose. D. ENFORCEMENT: Payments required to be made to the PDAF shall be deemed to be governed by the provisions of this Agreement pertaining to the collection of all other contributions required to be made by the Employers and thus, may be enforced in the same manner. SECTION 5: PROTECTION OF PREVAILING WAGES AND CONDITIONS OF SUBCONTRACTED WORK: A. APPLICATION: The Employer is in the construction industry and both parties have elected to come under the proviso applicable to the construction industry contained in Section 8(e) of the National Labor Relations Act, as amended. B. SCOPE OF FOREGOING: Sub-section A above relates solely to work being performed, or contemplated being performed, at the site of the construction, alteration, painting or repair of a building, structure or other work. C. SUBCONTRACTING: UNIT WORK: The territorial and occupational jurisdiction of the Union, as stated in this Agreement and Addendum “H”, shall be recognized to the end that the Employer shall not subcontract or contract out such unit work nor utilize the services of any other person, company, or concern to perform such unit work without the express written consent of the Union. If the Union consents in writing to the subcontracting or contracting out of any such work, the Employer agrees that it shall not use for the performance of such work any person, company or concern that does not observe the same wages, fringe benefits, hours, and conditions of employment as enjoyed by the employees covered by this Agreement and Addendum “H”. D. SUBCONTRACTING: NON-UNIT WORK: Work not within the territorial and/or occupational jurisdiction or the Union to be done at the site of construction, alteration, painting or repair of a building, structure or other work shall be contracted or subcontracted only with employers who have a Collective Bargaining Agreement with unions affiliated with the Building Trades Department of the AFL-CIO or with a union affiliated with a Building and Construction Trades Council in turn affiliated with the AFL-CIO, provided that the Collective

32

Bargaining Agreement of such affiliated unions contain no illegal clauses conditioning employment, or continuation thereof, upon membership or illegal clearance or illegal referral from a union. E. CONSISTENCY WITH FEDERAL LAW: All provisions of this Section shall be interpreted, construed, and applied in a legal manner consistent with the laws of the United States and not in conflict thereof. SECTION 6: BONDING: All Employers, including those that come into the geographical jurisdiction of Local Union 460 from an area outside District Council 91, must abide by Article XXIII (Bonding Requirements) of the IUPAT District Council 91 Collective Bargaining Agreement; however, Section 1 (D) of said Article XXIII shall not apply in the Local Union 460 area. SECTION 7: JOB REPORTING: All Employers, including those that come into the geographical jurisdiction of Local Union 460 from an area outside District Council 91, shall report to the Union in writing all jobs, including subcontracted work, before beginning work. Job reporting forms will be supplied to each Employer by the Union.

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ADDENDUM “H-1” SPECIALIZED PLANT SERVICES AGREEMENT

IT IS FURTHER AGREED AS FOLLOWS: SECTION 1: This Addendum “H-1” covers the following Industrial work that would not otherwise be included in the parties’ collective bargaining agreement. SECTION 2: The work covered by this Addendum “H-1” is: (a) Hydroblasting not preparatory to painting; (b) Vacuuming not preparatory to painting; (c) High pressure water blasting; (d) Wet and dry vacuum cleaning; (e) Chemical cleaning; (f) Metalizing; (g) Sewer jetting; (h) Power rodding; and, (i) Bucket machining. SECTION 3: HOURLY RATES OF PAY: Annual increases in the Journeyman base wage rate shall be two percent (2%) of the previous year’s Journeyman base wage rate. The amount to be paid by the Employer for each employee for fringe benefit funds shall be the same as the amounts listed in Article II, Section 1, of Addendum “H”. The current hourly rates for employees covered by this Addendum “H-1” are as listed below.


CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSIONIUPAT

ANNUITYNWIN JATF

IUPAT FTI

LMCI FUND

PDAF

BCRC

TOTAL

Journeyman $16.82 $7.43 $1.16 $2.25 $0.45 $0.05 $0.05 $0.06 $0.05 $28.32

SECTION 4: APPRENTICES: Apprentice wages will be at a percentage of the Industrial Painter rate as stipulated in Article II, Section 7, of Addendum “H”, until the wage provided for in Section 3 above is reached. SECTION 5: Before any signatory Employer may utilize this Addendum “H-1”, they must provide written notification of acceptance of this Addendum “H-1”, along with the customer name, job location and approximate starting and ending date of the work to be performed. The Employer must receive written approval from the Union Representative before commencing work. SECTION 6: Except as specifically stated herein, all other terms and conditions of the parties’ Agreement and Addendum “H” shall remain in full force and effect for all work performed under this Addendum “H-1”.

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ADDENDUM “H-2” RESIDENTIAL AGREEMENT

IT IS FURTHER AGREED AS FOLLOWS: SECTION 1: This Addendum “H-2” covers the following Residential Work that would not otherwise be included in the parties’ collective bargaining agreement. SECTION 2: DEFINITION: As used by this Addendum “H-2”, Residential Work shall mean any painting, drywall finishing, wall covering or any other type of work covered by the foregoing Collective Bargaining, which includes but is not limited to the following: A. Single Family Housing - New Construction B. Apartment Buildings up to four (4) finished levels

C. New Construction or rework of multi-family structures such as Condominiums, Townhouses, Duplexes or Quadraplexes.

D. Any other properties that are zoned for residential dwellings. SECTION 3: HOURLY RATES OF PAY: The total wage package for employees performing Residential Work shall be seventy per cent (70%) of: 1) the total Commercial Painters wage package listed in Article II, Section 1-A, of Addendum “H”; and/or 2) the total Drywall Finishers wage package listed in Article II, Section 1-C, of Addendum “H”. The allocation of annual increases shall be determined by the Union thirty (30) days prior to June 1 of each year. Current hourly rates of pay are as listed below:


CLASSIFICATION BASE

WAGE

H & W IUPAT

PENSIONIUPAT

ANNUITYNWIN JATF

IUPAT FTI

LMCI FUND

PDAF

TOTAL

Journeyman Painter $20.60 $7.43 $1.16 $2.25 $0.45 $0.05 $0.05 $0.06 $32.05 Working Foreman - Painter $21.65 $7.43 $1.16 $2.25 $0.45 $0.05 $0.05 $0.06 $33.10 Journeyman DW Finisher $21.16 $7.43 $1.16 $2.25 $0.45 $0.05 $0.05 $0.06 $32.61 Working Foreman – DWF $21.86 $7.43 $1.16 $2.25 $0.45 $0.05 $0.05 $0.06 $33.31

SECTION 4: APPRENTICES: Apprentice wages will be a percentage of the Commercial Painter and Drywall Finishers wage rate as stipulated in Article II, Section 6, of Addendum “H”, until the wage provided for in Section 3 above is reached. The Apprentice Ratio for work performed under this Residential Addendum “H-2” will be two (2) apprentices to every three (3) journeymen. SECTION 5: RESIDENTIAL MEMBERSHIP: A Residential membership classification has been established by the Local Union for new members who are employed by signatory contractors to perform only Residential Work under this Addendum “H-2”. A. The application fee for Residential members shall be established in the Local Union Bylaws.

B. During the period which member holds a Residential membership, he/she will be restricted to the scope of work as outlined in this Addendum “H-2”. C. After three (3) years, a Residential member will automatically upgrade to Regular member, which will entitle the member to work all phases of the painting industry. Residential members may be advanced to Regular member prior to the end of said three years, if

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mutually agreed upon by the Employer and the Union, with payment of the balance of the applicable application fee (if any) for regular members. D. All Residential Members will carry valid Building Trades Work Cards stamped “Residential”. SECTION 6: Before any signatory Employer may utilize this Addendum “H-2”, they must sign a Residential Memorandum with the Local Union and provide a job notice to the Local Union indicating the customer, location, description of job, approximate starting date, name of the Employer's supervisor or foreman, approximate number of regular and key employees to be moved in, and the number of local employees that will be required. This job notice is to be sent to the Union's office no later than five (5) days in advance of the starting date. SECTION 7: Except as specifically stated herein, all other terms and conditions of the parties’ Agreement and Addendum “H” shall remain in full force and effect for all work performed under this Addendum “H-2”.

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IUPAT DISTRICT COUNCIL 91iupatdc91.org › contracts › documents › AddendumH-LU460-2010.pdfThe...

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Transcript of IUPAT DISTRICT COUNCIL 91iupatdc91.org › contracts › documents › AddendumH-LU460-2010.pdfThe...