NEBA AGREEMENT - IUEC · NEBA AGREEMENT WITH INTERNATIONAL UNION of ELEVATOR CONSTRUCTORS July 9,...

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NEBAAGREEMENT

WITHI N T E R N AT I O N A L U N I O N

ofELEVATOR CONSTRUCTORS

July 9, 2017 toJuly 8, 2022

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NEBAAGREEMENT

WITHI N T E R N AT I O N A L U N I O N

ofELEVATOR CONSTRUCTORS

July 9, 2017 toJuly 8, 2022

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Whenever any words are used in thisAgreement in the masculine genderthey shall be construed as though theyare also used in the feminine gender orneuter gender in all situations wherethey would so apply.

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INDEXARTICLE Page

I Parties to the Agreement . . . . 1II Recognition Clause . . . . . . . . 1III Membership Requirements . . 2IV Work Jurisdiction . . . . . . . . . . 7

IV (A) Systems, Modular andIndustrial Structure . . . . . . 20

V Wages . . . . . . . . . . . . . . . . . . . . 23VI Holidays . . . . . . . . . . . . . . . . . . 26VII Construction Work . . . . . . . . . 28VIII Repair Work . . . . . . . . . . . . . . 34

VIII (A) Modernization Work . . . . . . . . 38IX Contract Service . . . . . . . . . . . 43X Designation of Helper’s,

Apprentice’s and AssistantMechanic’s Work andQualifications . . . . . . . . . . . 52

XI System of Payment . . . . . . . . . 59XII Vacations and Paid Time Off . . 62XIII Traveling Time and

Expenses . . . . . . . . . . . . . . . 67XIV Strikes and Lockouts . . . . . . . 69XV Arbitration . . . . . . . . . . . . . . . . 71XVI Jurisdictional Territory . . . . . 78XVII Health Benefit Plan . . . . . . . . 80

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XVIII Pension Plan . . . . . . . . . . . . . . 83XVIII (A) 401(k) Annuity . . . . . . . . . . . . 85

XIX Educational Fund . . . . . . . . . . 86XX Elevator Industry Work

Preservation Fund . . . . . . . 90XXI Payment for Lost or Stolen

Tools . . . . . . . . . . . . . . . . . . . 92XXI (A) Metric Tools . . . . . . . . . . . . . . 93

XXII Hiring, Layoffs andTransfers . . . . . . . . . . . . . . . 94

XXIII Scope and Terms ofAgreement . . . . . . . . . . . . . . 103

XXIV Re-Opening Clause . . . . . . . . . 104XXV Termination of Agreement . . 104XXVI Local Option . . . . . . . . . . . . . . 104XXVII Reporting Time, Subpoenaed

Witnesses, Uniforms . . . . . 106Appendix “A” Decisions of the JointIndustry Committee . . . . . . . . . . . . . . . . 114

Letters of Agreement . . . . . . . . . . . . . . . . . 124Substance Abuse . . . . . . . . . . . . . . . . . . . . 144

ARTICLE Page

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ARTICLE I

Parties to the Agreement

This Agreement, made by and between the Na-tional Elevator Bargaining Association (hereinafterreferred to as “NEBA”) and the INTERNATIONALUNION OF ELEVATOR CONSTRUCTORS (here-inafter referred to as “IUEC” or the “Union”), forthe purpose of establishing harmonious relationsand facilitating peaceful adjustment of wage sched-ules and working conditions. The INTERNA-TIONALUNIONOFELEVATORCONSTRUCTORSmakes this Agreement for and on behalf of its affili-ated local unions and a list of the local unions forwhich the International negotiates and executesthis Agreement is attached hereto and made a parthereof. NEBAmakes this Agreement for and on be-half of its employer members (hereinafter referredto individually as the “Company” or the “Em-ployer”), and a list of the Employers for whichNEBA negotiates and executes this Agreement isattached hereto andmade a part hereof.

ARTICLE II

Recognition Clause

Par. 1. The Union claims and the Employer ac-knowledges and agrees that the Union hassupplied proof that a majority of its ElevatorConstructor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprentices

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and Elevator Constructor Assistant Mechanicshave authorized the Union to represent themin collective bargaining with the Employer.The Employer recognizes the Union as the ex-

clusive Section 9(a) bargaining representativefor all Elevator Constructor Mechanics, ElevatorConstructor Helpers, Elevator Constructor Ap-prentices and Elevator Constructor AssistantMechanics (hereinafter referred to sometimes as“Mechanics, Helpers, Apprentices and AssistantMechanics “ or collectively as “Elevator Con-structor(s)”) in the employ of the Employers en-gaged in the installation, repair, modernization,maintenance and servicing of all equipment re-ferred to in Article IV, Par. 2 and Article IV (A).

Par. 2. The Union recognizes that it is the re-sponsibility of the Company in the interest ofthe purchaser, the Company and its employeesto maintain the highest degree of operating ef-ficiency and to continue technical develop-ment to obtain better quality, reliability, andcost of its product provided, however, thatthis provision is not intended to affect thework jurisdiction specified in Article IV andother Articles of the Agreement.

ARTICLE III

Membership Requirements

Par. 1. All Mechanics, Helpers, Apprentices andAssistant Mechanics covered by this Agree-

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ment shall, as a condition of employment ob-tain and maintain membership in a local unionof the International Union of Elevator Con-structors on and after the thirtieth (30th) dayfollowing the beginning of their employmentor the date this Article becomes effective,whichever is later.

Par. 2. The Company shall be obligated underthis Article, after it becomes effective asabove provided, to terminate the employmentof any employee who fails to obtain or main-tain membership in a local union as requiredby this Article, upon receipt of a written re-quest for such termination from his localunion: except that the Company shall have theright to refuse such request if it has reason-able grounds for believing (1) that such mem-bership is not available to the employee on thesame terms and conditions generally applica-ble to other members, or (2) that membershiphas been denied or terminated for reasonsother than the failure of the employee to ten-der the periodic dues and initiation fees uni-formly required as a condition of acquiring orretaining membership.

Par. 3. Beginning January 1, 2018, the Companyagrees to deduct from the wages, each week,the IUEC dues or service fees of each em-ployee who authorizes the Company to do so.The Union shall notify the Company in writ-

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ing, of the amount of such dues or service feesor any change in the amount of such dues orservice fees prior to December 1 of each year.Any change in deduction shall become effec-tive beginning with the second full pay periodafter the Company receives such written no-tice of change from the Union.Beginning with the second pay period fol-

lowing receipt of a written authorizationsigned and dated by a bargaining unit em-ployee on a form approved by NEBA, theCompany shall deduct, from the employee’spay, the appropriate IUEC Dues or ServiceFees payable by the employee to the IUECduring the period provided for in the authori-zation. The dues check-off authorization is ir-revocable for a period of one year from thedate it is delivered to the Company or until ter-mination of the collective bargaining agree-ment between the Company and the IUEC,whichever occurs sooner. The authorization,assignment and direction shall be automati-cally renewed and shall be irrevocable for suc-cessive periods of one year each and for theperiod of each successive agreement betweenthe Company and the IUEC, whichever shallbe shorter, unless notice is given to the Com-pany with whom the employee is employed atthat time and the IUEC not more than twenty(20) days and not less than the ten (10) daysprior to the expiration of each period of oneyear, or of each applicable collective bargain-

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ing agreement between the Company and theIUEC, whichever occurs sooner, by submittinga written revocation to the Company with acopy to the IUEC and NEBA. Said revocationshall be in effect on the date of receipt by theCompany.A list of all employees, along with the last

four digits of their respective Social SecurityNumbers and amounts deducted for eachweek shall be sent to the Union along with theremittance for the total amounts checked off.The Company shall not be required to make

deductions with respect to any employee for apayroll period in which the employee:(a) is in an unpaid leave status for the pay

period;(b) is receiving Workers’ Compensation, Un-

employment Compensation or disability bene-fits for the pay period; or(c) has a net pay which is less than the

amount of IUEC Dues or Service Fees to bededucted. The Union shall receive the abovemonthly remittance and the list of employeeson the same schedule as applies to the BenefitPlans (currently by the 15th day of the monthfollowing the month in which the funds werededucted).The Union will hold NEBA and/or the Com-

panies harmless and indemnify NEBA and/orthe Companies for any costs, damages or lia-bilities, including, but not limited to, reason-able litigation costs and attorneys’ fees, in-

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curred by NEBA and/or the Companies as a re-sult of this Article.

Par. 4. Employees working in any state whichprohibits the execution or application ofAgreements requiring membership in a labororganization as a condition of employmenthave the right to join or refrain from joiningthe International Union of Elevator Construc-tors. Employees who decide not to join theUnion, however, and who are covered by thisAgreement shall, as a condition of employ-ment, be required to pay a monthly service feeto the Union. The service fee shall be the em-ployees’ prorata share of costs of collectivebargaining and the handling of grievances andarbitrations. The service fee shall not includeany prorata share of costs of items other thancollective bargaining and handling of griev-ances and arbitrations, and under no circum-stances will the service fee be used by theUnion for any purpose other than to meet theexpenses of collective bargaining and han-dling of grievances and arbitrations.On and after the thirtieth (30th) day follow-

ing the date of this Agreement or on and afterthe thirtieth (30th) day following the date ofcommencement of employment by an em-ployee, whichever is later, regular tendering ofthe service fee shall be a condition of employ-ment, subject to the rights of employees andobligations of parties under the law. Service

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fees shall be payable on or before the first dayof each month.

Par. 5. All the provisions of this Article shall be ef-fective to the extent permitted by applicable law.

ARTICLE IV

Work Jurisdiction

Par. 1. It is agreed by the parties to this Agree-ment that all work specified in Article IV shallbe performed exclusively by Elevator Con-structor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechanicsin the employ of the Company.

Par. 2.(a) The handling and unloading of all equip-

ment coming under the jurisdiction of the Ele-vator Constructor, from the time such equip-ment arrives at or near the building site, shallbe handled and unloaded by the Elevator Con-structors. Mechanical equipment such as afork lift or truck mounted swing boom may beused by the Elevator Constructors. A derrick,crane or material hoist can be used under thesupervision of Elevator Constructors to han-dle and unload the heavy material described inPar. 5(a). Where unusual conditions are ex-pected to exist prior to delivery of equipmentat or near the building site in regard to han-

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dling and unloading of equipment in the pri-mary or secondary jurisdiction of the localunion, the Company shall contact the Local’sBusiness Representative to make appropriatearrangements for the handling and unloadingof such equipment. In areas outside the juris-diction of the local union, the Company shallcontact the Regional Director.

(b) The erecting and assembling of all eleva-tor equipment to wit: electric, hydraulic,steam, belt, dumbwaiters, residence elevators,parking garage elevators (such as Bowser, Pi-geon Hole, or similar types of elevators), shut-tles, compressed air and handpower, auto-matic people movers, monorails, airport shut-tles and like-named devices used in the trans-portation of people for short distances oftravel (less than 5 miles), as well as vertical re-ciprocating conveyor systems.

(c) It is understood and agreed that the pre-assembly of all escalators, moving stairwaysand link belt carriers that may be done in thefactory shall include the following:

1. Truss or truss sections with tracks, driveunits, machines, handrail drive sheaves, drivechains, skirts on the incline sections but notcurved sections, step chains and steps in-stalled and permanently aligned.

2. Balustrade brackets may be shipped at-tached but not aligned.

3. Setting of all controllers and all wiringand conduit from the controller.

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All other work on escalators, moving stair-ways and link belt carriers shall be performedin the field by Elevator Constructor Mechan-ics, Helpers, Apprentices and Assistant Me-chanics either before or after the truss or trusssections are joined and/or hoisted and placedin permanent position. This includes any andall work not done in the factory.The erecting and assembly of all theater

stage and curtain elevator equipment andguides and rigging thereto, organ consoles andorchestra elevators shall be performed by Ele-vator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics.(d) All wiring, conduit, and raceways from

main line feeder terminals on the controller toother elevator apparatus and operating circuits.Controllers are not to be shipped from the fac-tory with extended wiring attached thereto.(e) The erecting of all guide rails.(f) The installation of all grating under the

control of the Company. The installation of allcounterweight screens, overhead work, eitherwood or iron, and all material used for mount-ing of elevator apparatus in machine room,overhead or below.(g) The drilling of overhead beams for at-

taching machines, sheaves, kick angles, andall other elevator equipment.(h) The setting of all templates.(i) All foundations, either of wood or metal,

that should take the place of masonry.

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(j) The assembly of all cabs complete.(k) The installation of all indicators.(1) The erecting of all electrical or mechani-

cal automatic or semi-automatic gates com-plete.

(m) The hanging of all automatic or semi-au-tomatic elevator hoistway doors, together withthe installation of hangers and tracks.

(n) The installation of all devices for open-ing and closing, and locking of elevator carand hoistway doors and gates.

(o) The drilling of doors for mounting ofclosing devices.

(p) The drilling of angle supports for mount-ing of closing devices except one templatehole.

(q) The drilling of sills for sill trips.(r) The operating of temporary cars.(s) The setting of all elevator pressure open

or pit tanks.(t) The setting of hydraulic power units

(power units include: motor, pump, drivevalve system, internal piping, muffler, internalwiring, controller and tank). Where powerunits arrive in parts, they shall be assembledat the job site. The wiring and piping to andbetween multiple hydraulic power units shallbe performed at the job site.

(u) All air cushions with the exception ofthose built of brick or those put together withhot rivets.

(v) Landing door entrances.

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Par. 3.(a) Nothing contained in Article IV shall pre-

clude the Company from preassembling andprefabricating the following:(1) Temporary elevatorsA temporary elevator is defined as a nonper-

manent elevator installed prior to or duringconstruction work inside or outside buildings.The assembly, disassembly and moving oftemporary elevators from job to job or area toarea may be accomplished in the most eco-nomical fashion provided, however, whateverwork is required to be performed at the jobsite in connection therewith shall be per-formed exclusively by Elevator ConstructorMechanics, Helpers, Apprentices and Assis-tant Mechanics.(2) Residence elevatorsResidence elevators shall mean elevators in-

stalled solely for use in a single family resi-dence and not for general public use. Singlefamily residences may be part of a multi-unitstructure.(3) Dumbwaiters(4) Dock elevators(5) Parking garage elevators (such as

Bowser, Pigeon Hole or similar types of eleva-tors)(6) Apartment House elevatorsApartment house elevators shall mean an ele-

vator installed in a multi-unit, multifamily struc-ture, (excluding condominiums) but not to ex-

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ceed three (3) stories in height (i.e. 36 ft.) andthe elevator shall not make more than three (3)stops nor exceed a capacity of 2500 lbs.(7) Preassembled plug connectors may be

used to interconnect the solid state compo-nents of the elevator systems (solid state tosolid state only), and to connect any compo-nent in and on the car.When the use of fiber optics is applied to the

elevator system, preassembled plugs/couplingdevices may be used to maintain the integrityof the connection(s).It is understood and agreed that the con-

necting and/or coupling of devices will bedone by the Elevator Constructor whether ac-complished by external wiring or preassem-bled plug connectors as provided in this Para-graph.(8) Limited Use/Limited Access Elevators

which shall mean elevators described underthe scope of Limited Use/Limited Access Ele-vators as defined in A.S.M.E. A17.1. Inclinestairway chair lifts and incline and verticalwheelchair lifts shall mean lifts describedunder the scope of A.S.M.E. A17.1.Limited Use/Limited Access Elevators, in-

cline stairway chair lifts, inclined and verticalwheelchair lifts, and residence elevators maybe installed in the most economical fashion,provided there is no factor of safety involved.Whatever work is required to be performed atthe job site in connection therewith shall be

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performed exclusively by Elevator Construc-tor Mechanics, Helpers, Apprentices and As-sistant Mechanics.(9) Landing door entrance assemblies which

will be limited to struts, sills, headers, framesand associated hardware for installation pur-poses: door header including tracks, hangers,and all relating devices (adjusting and aligningto be done in the field).(10) Car-top inspection station which may

only include pre-wired service light, gateswitch, alarm device and inspection station.(a) Pre-wired canopies with lights and fans.

Par. 3.(b) It is understood and agreed that the pre-

assembly and/or prefabrication of electricwalks, Trav-o-lators, speed ramps or similartype of moving walks, (limited to 15° inclineper ANSI Code), shall include the following:(1) Truss sections with drive units, ma-

chines, handrail drive sheaves and drivechains installed and aligned.(2) Truss sections with tracks installed and

aligned.(3) Balustrade brackets may be shipped at-

tached but not aligned.(4) Setting of all controllers and all wiring

and conduit from controllers.Work to be done in the field shall include

setting and aligning of truss sections and sup-ports, installation of pallets (platforms and

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belting), handrails, handrail idler sheaves, cen-tering guides, combplates, balustrades andtrim.

Par. 4.(a) It is agreed that when sinking, drilling,

boring or digging cylinder wells for hydrauliclifts, hydraulic elevators or screw lifts, theCompany shall employ Elevator ConstructorMechanics, Elevator Constructor Helpers, Ele-vator Constructor Apprentices and ElevatorConstructor Assistant Mechanics.(b) On any job where the Company subcon-

tracts the sinking, drilling, boring or digging ofcylinder wells for hydraulic lifts, hydraulic ele-vators or screw lifts, one Elevator ConstructorMechanic shall be employed by the Companyto supervise and assist in any and/or all workrelated to sinking, drilling, boring or digging ofthe cylinder well including the installation ofthe casing whether its sections be welded,screwed or riveted or by any other methodjoined.(c) It is agreed that the work performed by

the subcontractor shall be strictly limited towork in connection with the digging of thehole and the installation of the casing. It is un-derstood that the Company will have the pre-ceding sentence inserted in his contract withthe subcontractor.(d) The Company shall have the Elevator

Constructor Mechanic on the job at the time

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the subcontractor arrives on the job for thedrilling of the hole and during the entire timethe subcontractor performs any work in con-nection with the drilling of the hole includingthe setting up and/or assembly and disassem-bly of the rig.(e) If the Company violates the requirement

defined in Par. (d) it shall be assessed and payas liquidated damages a sum equal to doublethe total compensation of the Elevator Con-structor Mechanic in the area for the numberof hours an Elevator Constructor Mechanicshould have been on the job and was not onthe job in the sinking, drilling, boring or dig-ging the cylinder well. This liquidated damageshall be paid by the Company to the saidjointly administered trust fund.In the case of a second offense, the liqui-

dated damages shall be computed on the samebasis as the first offense, except that theamount shall be tripled instead of doubled; forthe third and subsequent offenses during theterm of this Agreement, the liquidated dam-ages shall be $500 more than the second of-fense.The Company’s Regions shall constitute sep-

arate areas for the counting of repeated viola-tions by the Company and only violations inthe same district shall be counted for the pur-pose of imposing graduated penalties.(f) Should a work stoppage or strike occur

because of a dispute over the application or

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interpretation of this paragraph none of theforegoing penalties will be imposed.

Par. 5.(a) Where heavy material is to be hoisted or

lowered outside of the structure, a derrick,crane or material hoist can be used under thesupervision of Elevator Constructors in theemploy of the Company. Heavy material undersubparagraph (a) is confined to machines,controllers, generators, trusses, or sections oftrusses, plungers and cylinders. (Where multi-ple sections of cylinders and plungers areused, they shall be connected in the field byElevator Constructors. Exception: the Com-pany’s multiple sections of cylinders may beconnected either in the field or factory up tothirty-eight (38) feet in length; where multiplesections of plungers are used, they shall beconnected in the field by Elevator Construc-tors.) In addition to the foregoing, the Com-pany shall have the right to utilize derricks,cranes or a material hoist to hoist or lowertools of the trade, gang boxes, welders, air andgas tanks, cutting torches, material handlingequipment and safety equipment.(b) Where conditions are such that the fol-

lowing heavy material can be hoisted up thehoistway, it shall be hoisted by the ElevatorConstructors. Where conditions are such thatthe following heavy material cannot behoisted up the hoistway, it can be hoisted with

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a crane or material hoist under the supervi-sion of Elevator Constructors. Heavy materialunder subparagraph(b) is confined to beams, sheaves, bundles

of rails and preassembled landing door en-trances.(c) The above heavy material in subpara-

graphs (a) and (b) shall be hoisted separatelywith the exception of plungers and cylinders,rails, beams, preassembled landing door en-trances and where conditions warrant ma-chines with beams, which may be hoisted to-gether.(d) All other material is to be hoisted or low-

ered by Elevator Constructors without the useof derrick or crane.

Par. 6. The wrecking or dismantling of elevatorplants shall be performed by Elevator Con-structor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechan-ics. It is understood and agreed that the Unionreserves the right to refuse to install any newelevators in any plant where the wrecking ordismantling of the old elevator plant has beendone by other than Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics. Before thelocal union shall refuse to install a new eleva-tor, such action must be first approved by the

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International. Elevator plants as referred to inthis paragraph are understood to include ele-vators, escalators, moving stairways, dumb-waiters, moving walks and all other equipmentcoming under the jurisdiction of the ElevatorConstructor.

Par. 7. Where Elevator Constructor Mechanicsare not available to lay car floor covering, it isagreed that the Company may employ othersto do this work.

Par. 8. Inserts and/or bond blocks are to be setby Elevator Constructor Mechanics in the pri-mary jurisdictions of local unions at the op-tion of the Company. Inserts may be set byothers outside of the primary jurisdictions oflocal unions where a full day’s work cannot beprovided.

Par. 9. No restrictions shall be imposed as tomethods, tools, or equipment used.

Par. 10. It is agreed that the work specified inArticle IV has always been performed exclu-sively by Elevator Constructor Mechanics,Helpers, Apprentices and Assistant Mechanicsin the employ of the Company at the site of theinstallation. It is agreed that effective July 9,1977, the work specified in Article IV that isperformed exclusively by Elevator Construc-tor Mechanics, Helpers, Apprentices and As-sistant Mechanics may be performed at the

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site of the installation or at another assemblypoint provided that (1) the assembly point isnot in or adjacent to the Company’s manufac-turing facility, (2) the assembly point is withinthe primary or secondary jurisdiction of thelocal union in whose jurisdiction the site of in-stallation is located, and (3) the work is per-formed by Elevator Constructor Mechanics,Helpers, Apprentices and Assistant Mechanicsof the local union in whose jurisdiction the siteof installation is located. If the site of installa-tion is located outside the jurisdiction of alocal union (in open territory), it is agreed that(1) the assembly point must be within twenty-five (25) miles of the site of installation, (2) theassembly point is not in or adjacent to theCompany’s manufacturing facility, and (3) thework is performed by Elevator ConstructorMechanics, Helpers, Apprentices and AssistantMechanics from the local union who ordinarilyperform work for the Company in the vicinityof the site of the installation. The unloadingand handling of all equipment coming underthe jurisdiction of the Elevator Constructor atan assembly point shall be performed in accor-dance with Par. 2(a) of this Article.

Par. 11.(a) All differences and disputes concerning

Article IV or Article IV(A) shall be settled inaccordance with the grievance procedures inArticle XV.

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(b) While any question or dispute pertainingto Article IV or Article IV(A) is beingprocessed the Company, where possible, shallassign the employees work other than thework in dispute. Where the work has pro-gressed to a point where it is not possible toperform work other than the work in dispute,then the employee shall perform the disputedwork pending final resolution as providedherein.

ARTICLE IV(A)

Systems, Modular and Industrial Structures

Par. 1. Systems Building. Systems, modular, in-dustrialized or similar structures are thosewhose superstructures and components arepre-assembled in sections, rooms, or floors, inwhole or in part, in areas adjacent to or re-mote from the permanent site of the struc-ture. The erection and assembly of elevatorcomponents in building modules is to be doneby Elevator Constructor Mechanics, Helpers,Apprentices and Assistant Mechanicswhether the assembly site is adjacent to thejob or remote from the job. Where the Com-pany has a choice or selection of the assem-bly site, such sites are to be mutually agreedupon by the General President of the Interna-tional Union of Elevator Constructors and theCompany. It is understood that if members of

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one local perform part of such work at an as-sembly site remote from the permanent jobsite, members of the local covering the per-manent job site will perform the remainder ofthe work. The elevator work remaining to bedone after modules have been put into perma-nent place, shall be performed by ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics so that the jurisdic-tion of the Elevator Constructor as related toany other Building Trade, shall remain intactas outlined in the latest “Green Book” or“Plan for Settling Jurisdictional Disputes, Na-tionally & Locally” or its successor as ap-proved by the Building & Construction TradesDept., AFL-CIO.

Par. 2. The work to be done by Elevator Con-structors is as follows:(a) The installation and assembly of all ma-

chine room equipment whether overhead orbelow on prefabricated machine room floors.(b) Assemble car frames and cabs complete

with door operating equipment, control, signaland operating devices.(c) Connect electric traveling cables to ei-

ther car, controller or half-way junction box.The connections to be prepared and/or madeat both ends of assembly site.(d) Shackle hoist, compensating and gover-

nor cables and pre-connect to car or counter-weight hitches.

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(e) The setting of templates.(f) The installation of all grating and coun-

terweight screens, overhead work, eitherwood or iron, and all material used for mount-ing of elevator apparatus in machine rooms,overhead or below.(g) All foundations, either of wood or metal,

that should take the place of masonry.(h) The installation and aligning of guide

rails in hoistway modules.(i) Erect and assemble doors, hangers,

tracks, door locks or locking devices for open-ing or closing and all related equipment.(j) Install corridor side operating and signal

devices.(k) Install hoistway wiring.(1) Install all elevator equipment and de-

vices in hoistway and hoistway modules in-cluding governor rope tension sheaves, con-trol equipment, buffers and supports.(m) The operating of temporary elevators.(n) The installation and aligning of all pis-

tons and cylinders on hydraulic elevators.(o) Landing door entrances.Unloading, handling, hoisting and lowering

of material covered in (a) through (o) will beperformed under the supervision of ElevatorConstructors.

Par. 3. Nothing in this Article is intended tochange the practices either party has previ-ously enjoyed in erection of elevators in con-

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ventional type buildings as related to ArticleIV.

ARTICLE V

Wages

Par. 1. The rate of wages to be paid to ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics shall be determinedin accordance with the following schedule. Ef-fective January 1, 2018 and every twelve (12)months thereafter, during the term of thisagreement, each local’s existing total packageshall be increased according to the followingschedule:

1st Year Gross Increase . . . . . . . . . . . . . 3.28%

2nd Year Gross Increase . . . . . . . . . . . . 3.28%

3rd Year Gross Increase. . . . . . . . . . . . . 3.28%

4th Year Gross Increase. . . . . . . . . . . . . 3.28%

5th Year Gross Increase. . . . . . . . . . . . . 3.28%

Par. 2. Subtracted from the gross increase shallbe the credits agreed upon in Par. 3 below. Theremainder shall be the wage rate increase forthe Elevator Constructor Mechanics in thatLocal.

Par. 3. The amounts of credits for wage rate in-creases effective January 1, 2018 and everytwelve months thereafter shall be as follows:

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Current Wage Rate AmountContribution Level $31.885 Fringe Total

January 1, 2018 . . . . . . . . . . $1.12 $33.005

January 1, 2019 . . . . . . . . . . $1.12 $34.125

January 1, 2020 . . . . . . . . . . $1.12 $35.245

January 1, 2021 . . . . . . . . . . $1.12 $36.365

January 1, 2022 . . . . . . . . . . $1.12 $37.485

The above gross increases will be reallo-cated and the above credit amounts increasedor decreased accordingly after the effectivedate of this Agreement by whatever differentamounts, if any, the Union, at its discretion,determines are necessary to fund the HealthPlan, the Pension Plan, Education Fund, theAnnuity Fund and Elevator Industry WorkPreservation Fund by modifying the hourlycontribution rate up to twenty five ($.25) centsper fund per year, provided that this realloca-tion cannot be used to increase the wage rate.

Par. 4. Subtracting the credits from the gross in-creases yields the following wage rate in-creases for the Elevator Constructor Me-chanic:

1st, 2nd, 3rd, 4th, 5thYear Wage RateIncrease . . . . . . Subtract the $1.12 per hour

fringe contribution in-

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crease from the computedtotal package percentage,and the result will be thewage rate increase for theElevator Constructor Me-chanic.

Par. 5. The wage rate for the Elevator Construc-tor Helpers shall be seventy (70) percent ofthe Elevator Constructor Mechanic’s rate.

Par. 6. The wage rate for Elevator ConstructorApprentices shall be the progressive scale ofwages set forth below, and those progressive el-evations shall become effective the next fullpay cycle following September 1st, commenc-ing September 1, 2003 and each year thereafter:Probationary Apprentice, (0-6months): 50%

of Mechanic’s Rate.First Year Apprentice, 55% of Mechanic’s

Rate, plus fringe benefits as provided by thecollective bargaining agreement. (This shallinclude months 7-12 of the Probationary pe-riod).Second Year Apprentice, 65% of Mechanic’s

Rate, plus fringe benefits as provided by thecollective bargaining agreement.Third Year Apprentice, 70% of Mechanic’s

Rate, plus fringe benefits as provided by thecollective bargaining agreement.Fourth Year Apprentice and Assistant Me-

chanic, 80% of Mechanic’s Rate, plus fringe

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benefits as provided by the collective bargain-ing agreement.

Par. 7. When four (4) or more men, includingthe Elevator Constructor Mechanic–In-Charge, are employed on new construction ormodernization jobs, the Elevator ConstructorMechanic-In-Charge of the job shall have hishourly rate increased 12-1/2% for all hoursworked.

Par. 8. The gross increases set out in this Articleshall apply to all Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics engaged inconstruction, repair, modernization and con-tract service work, as defined and covered inthis Agreement.

ARTICLE VI

Holidays

Par. 1. The following shall be designated as paidholidays: New Year’s Day, Memorial Day, Inde-pendence Day, Labor Day, Veterans’ Day,Thanksgiving Day, the Friday after Thanksgiv-ing Day and Christmas Day.

Par. 2. In addition, each local may retain estab-lished unpaid holidays already agreed upon bypast procedure or observed by local building

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trades councils or declared by State or Na-tional Governments. Any new Federal holi-days such as President’s Day and ColumbusDay are not to be considered as paid or unpaidholidays unless previously celebrated by theparties to this Agreement.

Par. 3. To be eligible for a paid holiday, an em-ployee must have been on the Company’s pay-roll within the calendar week, Sunday to Sat-urday inclusive, previous to the week in whichthe holiday occurs. “On the payroll” meansthat an employee must have performed actualwork or have been on an authorized paid vaca-tion. If an employee desires to extend his va-cation beyond the earned paid vacation pe-riod, such extension of that time shall not beconsidered as “on the payroll.”

Par. 4. The holiday provisions of this Articleshall apply to all Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics engaged inconstruction, repair, modernization and con-tract service work as defined and covered inthis Agreement.

Par. 5. Eligible employees shall be paid for theregular workday and the paid holidays enu-merated in Par. 1 at the regular straight timerate of the classification worked prior to theobservance of the holiday. The rate of pay for

27


all work performed on paid holidays shall beat the double time rate in addition to the holi-day pay. Any unpaid holidays observed as pro-vided in Par. 2 shall be without pay, but ifworked shall be double time rate.

Par. 6. When a paid holiday falls on Saturday, itshall be observed on Friday. When a paid holi-day falls on Sunday, it shall be observed onMonday.

Par. 7. The Company shall not lay off or termi-nate an employee to circumvent holiday payas provided herein.

Par. 8. Employees who work on a holiday thatfalls on a Saturday or Sunday and that holidayis observed on a Friday or Monday, respec-tively, shall be paid at the specified overtimerates for work performed on Saturdays orSundays. (i.e., if July 4th falls on Saturday itwill be celebrated on Friday, July 3rd. Workperformed on July 3rd will be double time(2X) and work performed on July 4th will bepaid at the specified overtime rate).

ARTICLE VII

Construction Work

Par. 1. Construction work is hereby defined aserecting and assembling of apparatus as enu-merated in Article IV and Article IV (A) of this

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Agreement, except general repairs and mod-ernization as defined in Article VIII and VIII(A). It is hereby agreed that all ConstructionWork as above defined shall be performed ex-clusively by Mechanics, Helpers, Apprenticesand Assistant Mechanics.

Par. 2. It is agreed that the regular working dayshall consist of eight (8) hours worked con-secutively with an unpaid lunch period, be-tween 6 A.M., and 5 P.M., five (5) days perweek, Monday to Friday, inclusive. Hours ofwork at each job site shall be those estab-lished by the general contractor and workedby the majority of trades. (The above workinghours may be changed by mutual agreementas provided in Article XXVI). If the generalcontractor shuts down operations on a daynot recognized as a holiday under this Agree-ment, the Company shall make every effort toplace the affected employees on other workfor that day.

Par. 2A. Upon written notification to the LocalBusiness Representative, the Company mayestablish hours worked on a job site for a four(4) ten (10) hour day workweek at straighttime pay for construction work. It is agreedthat the regular working day shall consist often (10) hours worked consecutively with anunpaid lunch period, between 6 A.M. and 6P.M., four (4) days per week, Monday toThursday inclusive or Tuesday to Friday in-

29


clusive. All employees on the jobsite shallwork the same four (4) ten (10) hour dayworkweek schedule. Any work performed ona day other than the days established for thefour (4) ten (10) hour day workweek and be-fore and after the regular working day wherea four (4) ten (10) hour day workweek hasbeen established, will be paid double the rateof single time.

When working in a per diem area, the em-ployee shall receive per diem for all days dur-ing the established four (4) ten (10) hour dayworkweek, Monday to Thursday inclusive orTuesday to Friday inclusive. When working ina per diem area and work continues on thesame job site the following week, the em-ployee shall receive per diem for all days otherthan the days established for the four (4) ten(10) hour day workweek, including Saturdayand Sunday.

It is agreed that when a Holiday is observedon one of the established four (4) ten (10)hour day workweek days and providing theemployee complies with Article VI, Par. 3,he/she will be paid ten (10) hours for that Hol-iday. If the Holiday is observed on any day notpart of the established four (4) ten (10) hourday workweek, the employee will be paideight (8) hours for that Holiday.

Par. 3. Work performed on Construction Workon Saturdays, Sundays and before and after

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the regular working day on Monday to Friday,inclusive, shall be classed as overtime, andpaid for at double the rate of single time.

Par. 4. When any four (4) of the seven (7) At-lantic City Formula Trades obtain a six (6)hour day, the Union shall work a six (6) hourday, the working day to be between the hoursof 6 A.M. and 5 P.M. When sufficient Mechan-ics, Helpers, Apprentices and Assistant Me-chanics are not available, an eight (8) hour dayshall be worked. Whenever a local union ob-tains a six (6) hour day under this paragraph,the local union and the Company shall bargainas to the hours and overtime rates to be ap-plied on the six (6) hour day.

Par. 5.(a) When a majority of the Atlantic City For-

mula Trades (this means there must be four(4) of the seven (7) union Atlantic City trades),on a job work a shift or shifts following theday shift, the Company may work the follow-ing shifts. However, trades who perform thework as per their regular overtime rates shallnot be considered as shift work.

(b) It is agreed that the “Day Shift” shallconsist of eight (8) hours between 8 A.M. and4:30 P.M., five (5) days per week, Mondaythrough Friday, inclusive.

(c) The shift following the “Day Shift” shallwork 7-1/2 hours between the hours of 4:30

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P.M. and 12:30 A.M. and shall receive eight (8)hours pay plus an additional 10% per hour. Theshift preceding the “Day Shift” shall workseven (7) hours between the hours of 12:30A.M. and 8 A.M. and receive eight (8) hourspay plus an additional 15% per hour.

Any and all work during hours other thanthe established hours for any one of the threeshifts shall be paid at double the hourly wagerate including any premium rate of the as-signed shift.

(1) When an employee is called in prior tothe regular starting time for his shift or heworks beyond the regular quitting time of hisshift, he shall receive double the hourly wagerate of his assigned shift for all hours in ex-cess of the established hours for his shift.

(2) When an employee is required to workhours that are not continuous with the estab-lished hours for his assigned shift he shall bepaid for such hours at double the hourlywage rate of his assigned shift or double thehourly wage rate of the shift on which suchexcess hours are performed whichever rate ishigher.

(3) When the Company assigns an employeeto a shift the employee shall work that shift aminimum of five (5) consecutive days. How-ever, should the Company reassign an em-ployee to another shift prior to working five(5) consecutive days, or within twenty-four(24) hours of completing a shift, the employee

32


shall receive the applicable overtime rate ofthe new shift he is assigned to for the first dayonly or the applicable overtime rate of theshift to which he had previously been as-signed, whichever is higher, thereafter the em-ployee shall receive the applicable rates forthe new shift to which he is assigned. An em-ployee who requests a shift reassignment andis reassigned as outlined herein, shall receivethe applicable rates for the new shift to whichhe is assigned at single time only.

(4) When an employee has performed workon another job and he is directed to work on ashift job within twenty-four (24) hours aftercompleting work on the other job, he shall re-ceive the applicable overtime rate of his priorjob or the applicable overtime rate of the shiftto which he is assigned whichever rate ishigher.

(d) Any work performed on Saturday, Sun-day, or a Holiday shall be paid at double thehourly wage rate of the applicable shift includ-ing any premium rate.

(e) In the case of the second and third shiftsand for the purpose of fringe benefit computa-tions, each employee who works a full shiftshall be considered to have worked eight (8)hours.

(f) The working hours set forth in Par. 3 andPar. 4 above may be changed by mutual agree-ment as provided in Article XXVI.

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ARTICLE VIII

Repair Work

Par. 1. Repair Work is hereby defined as generalrepairs on apparatus enumerated in Article IVand Article IV(A) of this Agreement. Repairwork shall be exclusively performed by Me-chanics, Helpers, Apprentices and AssistantMechanics.

Par. 2. General repairs are hereby defined as fol-lows:

Team repairs:Renewal of all ropes.Renewal of brake linings (except small ma-

chines).Shortening of all hoisting and counterweight

cables.Replacement of any traveling cable exceed-

ing 50 feet in length.Safety test where test weights are required.Replacement of crosshead, counterweight

or deflector sheave bearings.Rescoring of sheaves or drums.Replacement of worm and gears.Rebabbitting of bearings.Hydraulic repair work except cleaning, oil-

ing, greasing, belts, small valves, adjusting andone man pressure relief valve test performedin accordance with Appendix A, item 22.

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Adjusting or readjusting using test weights.Realigning guide rails.Replacing crossheads, stiles, safeties or

equalizers.Hoistway door closers with hydraulic or

pneumatic checks.All escalator and moving walk repair work

must be done by a team. (Exception ArticleIX, Contract Service Work, call-backs and ex-amination may be done by one person if thereis no factor of safety).Exception to above: Residence elevator as

described in A.S.M.E. A17.1 code which shallbe one person.

One man repairs:Installing sound isolation.Replacement of door hangers (except for

freight bi-parting doors).All door closer work (except for freight bi-

parting doors).Rewiring car switches, governors and selec-

tors or any other apparatus in the car.Refastening guide rails.Replacing or repairing car floor covering.Rewiring or reinstalling limit switches.Replacing automatic rail or track oilers.

One or Two Man Repairs:Armature repairs.Renewing of car shoes or roller guides.

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Repairs to cab or car gate.Renewal of motor bearings.Replacing thrust bearings.Rewiring controllers.Installation and/or replacement of the fol-

lowing (except when the completion of suchwork requires more than eight (8) hours, ex-cluding travel time, it shall be performed by ateam):Proximity devices (door protection only).Emergency lighting (battery chargers and

lights).Braille Plates.Telephones/Communication Devices (with

existing wiring and box in place).Fixture Cover Plates (no wiring).Key switches/Security devices (with exist-

ing wiring, excluding full Fireman’s ServiceOperation).Controller Wiring Changes (minor changes).Fixture Replacement (in existing locations

only).Replacement of relays, timers, or mechani-

cal devices with solid state devices and cir-cuitry.The replacement of equipment on existing

elevator installations.Other repair work assignments not listed

above may be one man assignments providingthere is no factor of safety involved.

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Par. 3. When escalators are prepared and/or dis-assembled for cleaning, oiling, greasing, ad-justing and minor replacement, (minor re-placement meaning work requiring one (1)hour or less), the work shall not be classed asrepair work.When escalators are prepared and/or disas-

sembled for cleaning, etc., purposes as men-tioned above, and any replacement and/or re-pairs requiring more than one (1) hour, onlythe replacement and/or repairs shall beclassed as repair work.When escalators are prepared and/or disas-

sembled primarily for replacement and/or re-pairs, all work shall be classed as repair work.

Par. 4. When men who are employed on con-tract service work perform any of the repairwork listed above during hours other than be-tween 6 A.M. and 6 P.M., Monday to Friday, in-clusive, it shall be paid for at double the rateof single time. (Exception: employees per-forming one man repair while on call-backsshall be paid at 1.7 times the single time rate).

Par. 5. It is agreed the regular working day shallconsist of eight (8) hours worked consecu-tively with an unpaid lunch period, between 6A.M. and 6 P.M., five (5) days per week, Mon-day to Friday, inclusive. All other workingtime shall be classed as overtime and paid forat double the rate of single time.

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ARTICLE VIII(A)

Modernization Work

Par. 1. Modernization work is hereby defined asany and all work performed on apparatus enu-merated in Article IV and Article IV(A) in anyexisting or occupied building, to bring equip-ment up to date, including general repairswhich are a part of a modernization job. Instal-lation in existing unused hoistways shall beconsidered construction work unless such in-stallation is part of modernizing an existing ele-vator or an entire group. However, a job whichboth the machine is changed out and the railsare removed or the machine is converted to adifferent type (e.g., hydro to traction, tractionto hydro, traction to traction, drum to traction,drum to hydro, hydro to hydro) and all newrails are installed shall be construction work.An escalator modernization shall be defined asthe replacement of any or all components ex-cept the truss including general repairs whichmay be a part of a modernization job. Any othergeneral repairs and contract service work shallbe excluded from this Article. Modernizationwork shall be exclusively performed by Eleva-tor Constructor Mechanics, Elevator Construc-tor Helpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechanics.

Par. 2. It is agreed the regular working day shallconsist of eight (8) hours worked consecu-

38


tively with an unpaid lunch period, between 6A.M. and 6 P.M., five (5) days per week, Mon-day to Friday, inclusive. All other workingtime shall be classed as overtime and paid forat double the rate of single time.

Par. 2A. Upon written notification to the LocalBusiness Representative, the Company mayestablish hours worked on a job site for a four(4) ten (10) hour day workweek at straighttime pay for modernization work. It is agreedthat the regular working day shall consist often (10) hours worked consecutively with anunpaid lunch period, between 6 A.M. and 6P.M., four (4) days per week, Monday toThursday inclusive or Tuesday to Friday in-clusive. All employees on the jobsite shallwork the same four (4) ten (10) hour dayworkweek schedule. Any work performed ona day other than the days established for thefour (4) ten (10) hour day workweek and be-fore and after the regular working day wherea four (4) ten (10) hour day workweek hasbeen established, will be paid double the rateof single time.

When working in a per diem area, the em-ployee shall receive per diem for all days dur-ing the established four (4) ten (10) hour dayworkweek, Monday to Thursday inclusive orTuesday to Friday inclusive. When working ina per diem area and work continues on thesame job site the following week, the em-

39


ployee shall receive per diem for all days otherthan the days established for the four (4) ten(10) hour day workweek, including Saturdayand Sunday.

It is agreed that when a Holiday is observedon one of the established four (4) ten (10)hour day workweek days and providing theemployee complies with Article VI, Par. 3,he/she will be paid ten (10) hours for that Hol-iday. If the Holiday is observed on any day notpart of the established four (4) ten (10) hourday workweek, the employee will be paideight (8) hours for that Holiday.

Par. 3. Upon notification to the Local BusinessRepresentative or to the Regional Director, ifthe modernization job is outside the jurisdic-tion of a local union, the Company may estab-lish shift work. Shift work shall not be permit-ted except in cases where at least two (2)shifts per day are established for at least five(5) or more consecutive days including Satur-day, Sunday, or Holiday when worked. One ofthe shifts must be the “Day Shift” as defined inPar. 4 below. When special circumstancesexist, such as production or operation needsof the customer, a second and third shift willbe worked without any day shift when theCompany and the Local Business Representa-tive or Regional Director, if the modernizationjob is outside the jurisdiction of the localunion, have mutually agreed that one of the

40


two (2) shifts does not have to be the “DayShift.”

Par. 4. It is agreed that the “Day Shift” shall con-sist of eight (8) hours between 8 A.M. and 4:30P.M., five (5) days per week, Monday throughFriday, inclusive.

Par. 5. The shift following the “Day Shift” shallwork 7-1/2 hours between the hours of 4:30P.M. and 12:30 A.M. and shall receive eight (8)hours pay plus an additional 10% per hour. Theshift preceding the “Day Shift” shall workseven (7) hours between the hours 12:30 A.M.and 8 A.M. and shall receive eight (8) hourspay plus an additional 15% per hour.

Par. 6. Any and all work during hours other thanthe established hours for any one of the threeshifts shall be paid at double the hourly wagerate including any premium rate of the as-signed shift.

(a) When an employee is called in prior tothe regular starting time for his shift or heworks beyond the regular quitting time of hisshift, he shall receive double the hourly wagerate of his assigned shift for all hours in ex-cess of the established hours for his shift.

(b) When an employee is required to workhours that are not continuous with the estab-lished hours for his assigned shift he shall bepaid for such hours at double the hourly wagerate of his assigned shift or double the hourly

41


wage rate of the shift on which such excesshours are performed whichever rate is higher.

(c) When the Company assigns an employeeto a shift the employee shall work that shift aminimum of five (5) consecutive days. How-ever, should the Company reassign an em-ployee to another shift prior to working five(5) consecutive days, or within twenty-four(24) hours of completing a shift, the employeeshall receive the applicable overtime rate ofthe new shift he is assigned to for the first dayonly or the applicable overtime rate of theshift to which he had previously been as-signed, whichever is higher, thereafter the em-ployee shall receive the applicable rates forthe new shift to which he is assigned. An em-ployee who requests a shift reassignment andis reassigned as outlined herein, shall receivethe applicable rates for the new shift to whichhe is assigned at single time only.

(d) When an employee has performed workon another job and he is directed to work on ashift job within twenty-four (24) hours aftercompleting work on the other job, he shall re-ceive the applicable overtime rate of his priorjob or the applicable overtime rate of the shift towhich he is assigned whichever rate is higher.

Par. 7. Any work performed on Saturday, Sun-day, or Holiday shall be paid at double thehourly wage rate of the applicable shift includ-ing any premium rate.

42


Par. 8. In the case of the second and third shiftsand for the purpose of fringe benefit computa-tions, each employee who works a full shiftshall be considered to have worked eight (8)hours.

Par. 9. The working hours set forth in Par. 4 andPar. 5 above may be changed by mutual agree-ment as provided in Article XXVI.

ARTICLE IX

Contract Service

Par. 1. Contract Service is hereby defined as anycontract obtained by the Company for regularexamination or care of apparatus enumeratedin Article IV and Article IV(A) of this Agree-ment and general repairs as indicated in Arti-cle VIII, Par. 2 for a period of not less than one(1) month. Contract Service Work shall be ex-clusively performed by Elevator ConstructorMechanics, Elevator Constructor Helpers, Ele-vator Constructor Apprentices and ElevatorConstructor Assistant Mechanics.

Par. 2. Two (2) Helpers, Apprentices or AssistantMechanics to each three (3) Mechanics may beemployed in contract service work. The Helper,Apprentice or Assistant Mechanic when work-ing with the Mechanic shall perform all workassigned to him by the Mechanic.

43


A 70% Helper, a second year Apprentice,third year Apprentice, fourth year Apprenticeor Assistant Mechanic may work alone underthe general supervision of the Mechanic in hisassigned district provided such Helper or Ap-prentice is met on the first job daily. The re-quirement to meet on the first job daily shallnot apply to the Assistant Mechanic providedthat he/she shall notify the office and the Me-chanic when starting the first job daily. TheHelper, Apprentice or Assistant Mechanic shallnotify the office and the Mechanic when chang-ing jobs and at the completion of the work day.

When working alone the Helper, secondyear Apprentice, third year Apprentice, fourthyear Apprentice or Assistant Mechanic shallperform only oiling, cleaning, greasing, paint-ing, replacing of combplate teeth, relampingand fixture maintenance, the inspection,cleaning and lubrication of hoistway doors,car tops, bottoms, and pits, observing opera-tion of equipment and at no time when work-ing alone shall such a Helper, Apprentice orAssistant Mechanic perform any other workor function normally performed by Mechanics.The word “District” means the regular con-tract service route of the Mechanic or Me-chanics to whom the Helper, Apprentice or As-sistant Mechanic has been assigned that day.

Par. 2A. When the Company obtains a contractthat requires a Mechanic and Helper, Appren-

44


tice or Assistant Mechanic to be on the joband/or in a building at all times during the regu-lar weekly working hours, such Helper, Ap-prentice or Assistant Mechanic shall not beconsidered as part of the two (2) to three (3)agreement mentioned above, provided no Pro-bationary Helpers or Probationary Apprenticesare assigned to such regularly scheduled work.

Par. 2B. Where a Local Office has contract serv-ice work requiring more than two (2) ElevatorConstructor Mechanics full time, the third Ele-vator Constructor employed in that office maybe a Helper, Apprentice or Assistant Me-chanic. A 70% Helper, second year Apprentice,third year Apprentice, fourth year Apprenticeor Assistant Mechanic may work alone underthe general supervision of the Mechanic in hisassigned district provided such Helper or Ap-prentice is met on the first job daily. The re-quirement to meet on the first job daily shallnot apply to the Assistant Mechanic providedthat he/she shall notify the office and the Me-chanic when starting the first job daily. TheHelper, Apprentice or Assistant Mechanicshall notify the Mechanic when changing jobsand at the completion of the workday. Whenworking alone such Helper, second year Ap-prentice, third year Apprentice, fourth yearApprentice or Assistant Mechanic shall per-form only cleaning, oiling, greasing, painting,replacing of combplate teeth, relamping and

45


fixture maintenance, the inspection, cleaningand lubrication of hoistway doors, car tops,bottoms, and pits, observing operation ofequipment and at no time when working aloneshall such a Helper, Apprentice or AssistantMechanic perform any other work or func-tions normally performed by Mechanics. Theword “District” means the regular contractservice route of the Mechanic or Mechanics towhom the Helper, Apprentice or Assistant Me-chanic has been assigned that day. The phrase“Local Office” as mentioned in this paragraphmeans Local Representatives, Resident Me-chanics, etc. performing contract servicework as defined in Par. 1 of this Article, in acity outside the primary of a local union.(Local Representatives, Resident Mechanics,etc., as referred to above, shall be permitted todo one man or as a member of a team, team re-pairs, in accordance with Article VIII, Par. 2),and, as a member of a team, ADA moderniza-tion and unloading of construction material.However, where a local office is locatedwithin a zoned or per diem area of a localunion, the employee(s) assigned to such officeshall be paid expenses in accordance with theLocal Travel and Expense Agreement whenperforming work, as a member of a team,team repairs, ADA modernization and unload-ing of construction materials.Inasmuch as Local Representatives are on-

call for extended periods of time, they shall,

46


upon request, receive a minimum of six (6)weekends per year when they are relieved oftheir on-call obligation. These weekends are inaddition to their accrued vacation. The LocalRepresentative must give fourteen (14) calen-dar days notice before each requested week-end off.

Par. 2C. Upon reasonable request of the Inter-national Office of the IUEC, the Companyshall make available to the properly desig-nated International Representative the infor-mation necessary to determine that all em-ployees in a service office are being treatedrelative to wages, hours worked, straight timeand overtime hours paid, Pension and HealthBenefit Plan payments in accordance with theNEBA Agreement.

Par. 3. It is agreed the regular working day shallconsist of eight (8) consecutive work hours,with an unpaid lunch period, between 6 A.M.and 6 P.M., five (5) days per week, Monday toFriday, inclusive. Any Mechanic, Helper, Ap-prentice or Assistant Mechanic assigned regu-lar hours beginning before 8 A.M. or endingafter 5 P.M. shall be so assigned for a five (5)consecutive working day increment. It isagreed that for business reasons of the Com-pany or personal reasons of the affected em-ployee, the Company and the local union maymodify these times.

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It is agreed that in order for call-backs to beanswered in downtown business areas or sim-ilar business areas, the Company may assign aMechanic or Mechanics to remain at a mutu-ally agreed building beyond regularly estab-lished working hours not to extend beyond6:30 P.M. For all such work beyond his regu-larly established working hours the Mechanicor Mechanics shall be paid at the rate of timeand one-half. Should such assigned Mechanicor Mechanics be authorized to continue workon a job when a call-back extends beyond 6:30P.M., the man or men shall receive applicabletravel time and travel expense home. Where apaid or non-paid holiday occurs, Mondaythrough Friday, inclusive, the work performedon Saturday during the week in which any hol-iday occurs shall be time and one-half the sin-gle time rates.

Par. 4. Work performed on Sundays shall beclassed as overtime and paid for at the rate ofdouble time (2x). All other time worked be-fore and after the regular working day or inexcess of eight (8) consecutive work hourswith an unpaid lunch period and on Saturdaysshall be at the rate of time and one-half.

Par. 5. Call-backs on contract service on over-time, except Sundays and holidays, shall bepaid for at the rate of 1.7 times the rate of sin-gle time.

48


Par. 6. Call-backs on contract service on Sun-days and holidays shall be paid for at doublethe rate of single time.

Par. 7. On contract service where the Companyhas a contract in one building only or adjacentbuildings, for the examination and care ofenough elevators to warrant keeping a man ormen working continuously for sixteen (16)hours, the Company may establish a shift (s)from 5:00 pm to 12:00 am or 12:00 am to 7:00am. Pay for this work will be eight (8) hour’spay for seven (7) hours worked at the regularrate of pay. Saturday, Sunday, and Holidays areclassed as overtime and paid at the overtimerate. For the sixteen (16) hour calculation theseven (7) hour shift will be counted as an eight(8) hour shift.

Par. 8.(a) Employees engaged in contract service

work agree they will respond to call-backsoutside of their regular work hours. The Com-pany, the local union, and the employees shallmeet and cooperate in establishing a call-backsystem, which will cover such issues as a listof employees available on designated dates torespond to overtime call-backs, the number ofemployees on call-back at any given time, re-placements for vacations and holidays, andtrading of on-call duty. In the event the localunion, the employees, and the Company can-

49


not agree on the establishment of the call-back system, the Company and the IUEC willmeet to establish the system.Travel time from home to job and from job

to home on overtime call-backs (starting afterregular working hours and terminating beforestart of regular working hours) shall be paidfor at the same overtime rate applying to thework. Travel expenses on overtime call-backsshall be paid as agreed in Local ExpenseAgreements.When consecutive overtime call-backs

occur, the employee shall receive the applica-ble overtime rate and travel expenses fromhome to job, from that job to one or moreother jobs and then back home.Men called out before the regular working

hours shall receive the applicable travel timeand travel expense from home to job. (Excep-tion: The Company may call and instruct mento report to any given job at his regular start-ing time on his route in the primary.)When call-backs made during regular work-

ing hours extend into overtime and the em-ployee is authorized to continue work, he shallreceive the applicable travel time and travelexpense home.(b) Employees who are designated to be

available for overtime call-backs pursuant toparagraph (a) above, or who are called out be-fore the regular working hours, or who are oncall-backs that extend into overtime, shall be

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entitled to and receive such compensation asdescribed below during the period of time thatsuch employees are responding to call-backsoutside of their regular hours of work:The rate of pay for overtime call-backs shall

not be less than 1.7 times the straight time rateof pay.The premium pay described above is made

in lieu of standby pay and in recognition ofthe fact that contract service employees agreeto make themselves available for overtimecalls.(c) It is understood and agreed that em-

ployees who are available to respond toovertime call-backs are waiting to be en-gaged (as defined by the Fair Labor Stan-dards Act) by the Company. Employees whoare waiting to be engaged are free to partici-pate in personal activities; are not requiredto remain at home, at the Company’s prem-ises or any other specified location duringthe period that they are on-call. Employeeswho are “on-call” may leave the location theyhave indicated as the place of their primarycontact. However, such employees will beavailable for callout by either leaving an-other phone number where they can be con-tacted or by carrying on their person a com-munication device such as a pager, cellulartelephone, two-way radio, or other suchcommunication device which enables theCompany to contact them.

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ARTICLE X

Designation of Helper’s, Apprentice’s andAssistant Mechanic’s Work and

Qualifications

Par. 1. It is agreed by the Union that there shallbe no restrictions placed on the character ofwork which a Helper, Apprentice or AssistantMechanic may perform under the direction ofa Mechanic. A Helper, Apprentice or AssistantMechanic certified to weld shall be paid Me-chanic’s rate when performing welding, (ex-cluding tack welding). However, Helpers, Ap-prentices and Assistant Mechanics on contractservice work are subject to the provisions ofArticle IX.

Par. 2. The total number of Helpers, Appren-tices and Assistant Mechanics employed shallnot exceed the number of Mechanics on anyone job, except on jobs where two teams ormore are working, one extra Helper, Appren-tice or Assistant Mechanic may be employedfor the first two teams and an extra Helper,Apprentice or Assistant Mechanic for each ad-ditional three teams.Further, the Companymay use as many Helpers, Apprentices and As-sistant Mechanics as best suits his conven-ience under the direction of a Mechanic inwrecking old plants and in handling and hoist-ing material, and on foundation work. Whenremoving old and installing new cables on ex-

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isting elevator installations, the Company mayuse two Helpers, Apprentices or Assistant Me-chanics to one Mechanic.

Par. 3. A newly-hired employee without previ-ous mechanical experience shall be classifiedas a Probationary Apprentice and shall workas a probationary employee for a period or pe-riods totaling twelve (12) months within theaggregate period of not more than eighteen(18) months.

The Company and the Union shall have theprivilege of testing the ability of ProbationaryApprentices during this twelve (12) month pe-riod. If they agree that the Apprentice duringthis probationary period does not display suffi-cient aptitude to become a first year Appren-tice he/she shall be discharged at any time dur-ing the probationary period as stated above.

Probationary Apprentices shall advancefrom the fifty (50) percent wage rate to thefirst year Apprentice’s wage rate upon comple-tion of six (6) months in the elevator industryprovided such Probationary Apprentices haveworked a minimum of one hundred (100)hours in each thirty (30) day period during thesix (6) months. The first year Apprentice wagerate shall be effective at the beginning of thenext weekly pay period following completionof the six (6) months.

It is understood that Probationary Appren-tices during the probationary period above set

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out may be discharged or laid off at any timewith or without cause and no reason need beassigned therefore, and no such dischargeshall be construed as a grievance. The proba-tionary period may be worked with more thanone employer provided such employer has alabor contract with the IUEC, and the periodof twelve (12) months probation may cover anaggregate period of not more than eighteen(18) months. A month shall be deemedworked when the Probationary Apprenticecompletes one hundred (100) hours in anythirty (30) day period.

Par. 4. An Apprentice may work as a TemporaryMechanic provided he/she has completed aminimum of his/her first year Apprenticeshiprequirements, and other requirements forTemporary Mechanics prescribed from time totime by NEIEP, and upon agreement of theEmployer and the Union Representative, orRegional Director if he/she works outside thejurisdiction of the Local Union, and at thesame scale as a regular Mechanic. Those se-lected first will be Apprentices who have com-pleted all of their Apprenticeship training andare waiting to take the Mechanic’s Examand/or Assistant Mechanics. Those selectedsecond will be Apprentices who have com-pleted all of their training and failed the Me-chanic’s Exam and are actively participating inthe educational program, they must maintain

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attendance and passing requirements man-dated by NEIEP. Those selected third will befourth year Apprentices and those selectedfourth will be third year Apprentices, followedby finally second year Apprentices and/orHelpers. Employers may select Apprentices,Assistant Mechanics and Helpers in its employto work as Temporary Mechanics under theprovisions of this paragraph if there are noqualified Mechanics available in that Local.Apprentices, Assistant Mechanics and Helpersserving as Temporary Mechanics will be putback to Apprentice, Assistant Mechanic orHelper status when their temporary assign-ment is completed or within fifteen (15) work-ing days of when the Employer is notifiedthere is a qualified Mechanic availablewhichever comes first. The order for puttingback Temporary Mechanics to Apprentice, As-sistant Mechanic or Helper status will be in re-verse order; 1) second year Apprenticesand/or Helpers, 2) third year Apprentices, 3)fourth year Apprentices, and 4) Apprenticeswho have completed all their training andfailed the Mechanic’s Examination and are ac-tively participating in the educational programand finally Apprentices who have completedall of their Apprenticeship training and arewaiting to take the Mechanic’s Exam and/orAssistant Mechanics.In order to administer this procedure,

NEIEP will provide to the Company on a semi-

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annual basis a listing of all the Employer’s eli-gible Apprentices and Helpers and the educa-tion they have completed.It is agreed that the withdrawal of or failure

to issue a Temporary Mechanic’s card will notbe used by the Union to advance its positionwith respect to a dispute unrelated to thisparagraph of Article X.No Apprentice may qualify or be raised to

the capacity of Mechanic until he/she hasworked for a period of three (3) years in the el-evator industry, has successfully completedthe required NEIEP courses, has been certifiedby NEIEP that he/she has completed the nec-essary “on the job” training and has passed aMechanic’s Examination administered by theNEIEP Director’s Office. Such examinationshall only be administered by NEIEP no moreor no less than once every twelve months ineach local. The National Elevator Industry Ed-ucation Program has developed and will peri-odically update a standardized Mechanic’s Ex-amination which will be used in each local. AnApprentice who has successfully passed a Me-chanic’s Examination shall become a Me-chanic no later than sixty (60) days after thedate the examination results are posted on theNEIEP website. Each Employer will be enti-tled to receive the results of its respective em-ployees only. Should he/she fail to qualify,he/she cannot again take the Mechanic’s Ex-amination for a period of one (1) year.

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Par. 5. Employees who enter the Military Serv-ice shall, upon re–employment, be accordedall rights provided by law.

Par. 6. Upon completion of the required class-room education program and mandatory on-the-job training (OJT) hours, all fourth (4th)year Apprentices shall sit for the NEIEP Me-chanic’s Exam. Those who pass the exam areelevated to the status of Mechanic, as referredto in Article X, Par. 4.Those who do not pass the Mechanic’s

Exam, upon completion of the required class-room education program and mandatory on-the-job training (OJT) hours shall continue tobe classified as a fourth year Apprentice solong as they continue to participate in theNEIEP education program and sit for each an-nual Mechanic’s Exam.

Par. 7. There shall be a classification to beknown as “Assistant Mechanic” and Mechan-ics may be employed as Assistant Mechanicsin accordance with Article XXII and the fol-lowing:(a) The wage rate for the Assistant Me-

chanic shall be identical to that of a fourthyear Apprentice.(b) The Mechanic, the Mechanic’s Business

Representative and the Employer signifytheir agreement to employ an Assistant Me-chanic by executing the document attached

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hereto and identified as “Attachment A”. Noother agreement is required nor shall anyother agreement be recognized by the Par-ties; and

(c) When electing Assistant Mechanic sta-tus, the Mechanic agrees that he/she shall notbe eligible to work as a Mechanic for a twelve-month period except as provided herein. TheAgreement may again be renewed at the endof the twelve-month period. An Assistant Me-chanic can be elevated to Mechanic statusduring that 12 month period should his/heremployer offer the Assistant Mechanic a per-manent Mechanic’s position. If the AssistantMechanic chooses to accept such position, thesigned Assistant Mechanic agreement will berendered void and should the Mechanic be-come unemployed he/she cannot enter intoanother agreement until the 12 month time pe-riod of their Assistant Mechanic agreementexpires.

(d) An Assistant Mechanic can become atemporary Mechanic should his/her currentemployer choose to employ the Assistant Me-chanic as a Mechanic for a period not to ex-ceed any ninety (90) day period at the appro-priate Mechanic’s wage rate. Should an assign-ment as Mechanic exceed ninety (90) days,then the Mechanic shall not be eligible to re-turn to Assistant Mechanic status and “Attach-ment A” shall be considered void. An AssistantMechanic can only be considered for a Tempo-

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rary Mechanic position provided there are noavailable Mechanics on the Local’s out ofwork list.

ARTICLE XI

System of Payment

Par. 1. It is agreed that all Mechanics, Helpers,Apprentices and Assistant Mechanics shall bepaid weekly by check, which shall be sent toany address they elect to designate other thanthe Company’s address. Mechanics, Helpers,Apprentices and Assistant Mechanics shall begiven the option to be paid by direct deposit orby direct mail. However, there shall be no obli-gation on the part of any employee or theCompany to participate in the direct de-posit/direct mail program and no discrimina-tion against either one if either should electnot to participate. Once enrolled, an employeein direct deposit/direct mail program mayelect to discontinue enrollment by giving theCompany ten (10) working days written no-tice. Should a change to a time ticket be re-quired, the Company shall notify the Mechanicand/or Helper, Apprentice or Assistant Me-chanic in writing of the reason for suchchange within five (5) working days.

Mechanics, Helpers, Apprentices and Assis-tant Mechanics shall be paid by voucher onthe next regular work day following the em-

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ployee’s regular pay day if the employee doesnot receive his regular pay check.It is further agreed that in those instances

where the Company is consistently unable tocomply with the provisions of this paragraph,the Company shall pay each employee on thejob or at the office on company time by cashor by check.

Par. 2. Elevator Constructors shall receive atthe time of weekly payment, a check stub con-taining the following information:1. Employee’s name and some form of iden-

tification number other than the full social se-curity number.2. Total hours worked-regular and overtime,

accumulative.3. Total wages-weekly and accumulative.4. Federal income taxes withheld.5. FICA taxes withheld.6. Health Benefit Plan & Pension deductions

weekly and accumulative.7. Any other authorized or legitimate deduc-

tions.8. Vacation Pay and PTO-weekly and accu-

mulative in amount of money.9. Annuity contributions-weekly and accu-

mulative in amount of money.10. 401(k) deductions-weekly and accumu-

lative in amount of money.At the time of weekly payment, at the em-

ployee’s request, the Employer shall also pro-

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vide the employee with a document, in writ-ing, reporting the time the employee submit-ted to his Employer for that payment regard-less of whether the employee submitted histime on paper, electronically, or by any othermedium.Should the Company’s payroll and/or ac-

counting department experience a short workweek due to a holiday or any other reason, theCompany shall make any special arrange-ments necessary to insure employees receiv-ing pay on schedule.

Par. 3. The Employer agrees to deduct from anemployee’s wages, for each hour of work per-formed, the sum indicated on a voluntarycheck-off authorization card signed by thatemployee, as a voluntary contribution toNECPAC, the Union’s political action fund.The amount shall be remitted by the Em-ployer to the Union’s political action fund nolater than the 15th day of the month after themonth the funds have been collected andshall be accompanied by a list of names ofthose employees for whom such deductionshave been made and the amount deducted foreach such employee. An employee may can-cel his check-off authorization in writing tothe Union and the Employer at any time, andthe deduction will be stopped no later than 21days from the date of the close of the nextpayroll period.

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ARTICLE XII

Vacations and Paid Time Off

Par. 1. The following plan is established for Va-cation Pay and Paid Time Off : Vacation Payshall accrue and be paid in accord with theprovisions of this Article but shall also be usedas Paid Time Off (“PTO”) and to satisfy paidleave laws, to the extent and in the mannerpermitted by said laws. Where any paid leavelaw or other governing law requires the em-ployer to pay fringe benefits in accord withsaid law, the Company shall pay in addition tothe Vacation Pay and PTO under this Articlethe fringe contributions required by thisAgreement to the Funds for such hours of paidleave required by said law. The fringe contri-butions shall not be paid from an employee’saccrued Vacation Pay and PTO.

(a) An employee who has worked less thanfive (5) years in the business shall receive Vaca-tion Pay and PTO credit on the basis of 6% of hisregular hourly rate for all hours actually worked.An employee who has worked more than five (5)years in the business shall receive Vacation Payand PTO credit on the basis of 8% of his regularhourly rate for all hours actually worked.

Vacation Pay and PTO shall begin to accrueon the first day of employment.

(b) Unless prohibited by a paid leave law, andexcept as provided in Par. 1. (q) of this Article,

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the Vacation Pay and PTO accrued from January1 of one year through June 30 of the same yearshall be paid in full to the employee by July 15 ofthat year. The Vacation Pay and PTO accruedfrom July 1 of one year through December 31 ofthe same year shall be paid in full to the em-ployee by January 15 of the succeeding year.

(c) An employee with less than five (5)years in the business who works 1750 hours ormore but less than 2000 hours in any vacationand PTO year shall receive at least 120 hoursof Vacation Pay and PTO. An employee withmore than five (5) years in the business whoworks 1750 hours or more but less than 2000hours in any vacation and PTO year shall re-ceive at least 160 hours of Vacation Pay andPTO. The vacation and PTO year shall runfrom January l through December 31.

(d) Unless prohibited by a paid leave law, anemployee with less than five (5) years of serv-ice must take all accumulated Vacation Payand PTO up to fifteen (15) days in a calendaryear. An employee with more than five (5)years of service must take all accumulated Va-cation Pay and PTO, up to twenty (20) days ina calendar year.

(e) An employee shall have the option oftaking any additional vacation and PTO ac-crued in excess of the amount stated underParagraph 1. (d) above provided he has ob-tained prior approval from the Company or aspermitted by any paid leave law.

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(f) It is understood and agreed that workconditions must be taken into considerationwhen vacations are arranged. Time off for va-cation shall be taken as a full complete periodwhenever possible. PTO for other purposesmay be taken in hourly or daily increments.Employees shall provide prior notice to theCompany whenever possible.(g) Vacation Pay and PTO accrued will

change from 6% to 8% on the first payroll pe-riod after the first month following comple-tion of five (5) years in the business. Thesefive (5) years include the six (6) months pro-bationary period.(h) The local union shall furnish the Com-

pany, on request, dates that Elevator Con-structor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechan-ics were first employed in the elevator indus-try.(i) When an employee leaves the Company,

the employee’s accrued Vacation Pay and PTOas of the date of separation from the Com-pany, shall be paid out by separate check,along with a final check on the following paydate for all hours worked.(j) When an employee retires from the in-

dustry, the Company shall pay any VacationPay and PTO he is owed within thirty (30)days after his retirement provided he notifiesthe Company in advance and in writing.

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(k) Where vacations and PTO interfere bytemporarily breaking up a team, the Companyshall have the right to place the extra em-ployee to the Company’s advantage. Seriousinterference shall be taken up with the Busi-ness Representative.(l) Time spent outside the industry, whether

or not a member of the local union, shall notcount toward vacation and PTO eligibility sta-tus. An employee with at least one (1) year’sservice in the industry who takes time off forservice in the Armed Services shall have suchservice time counted toward his vacation andPTO eligibility status upon return to the indus-try.(m) Hours worked for the Company by a

member of a local union, while outside of thejurisdiction of that local, shall count for Vaca-tion Pay and PTO.(n) Hours paid as holiday pay, Vacation Pay

and PTO, or traveling time outside of the regu-lar working hours are not to be counted ashours worked when computing Vacation Payand PTO (Exception: traveling time on over-time call-backs, whether emergency mainte-nance or emergency repair work, shall becounted as hours worked when computing Va-cation Pay and PTO).(o) At the time Vacation Pay and PTO is

paid, Federal and State taxes shall be withheldon the basis of the number of weeks of vaca-tion and PTO or portion of a week of vacation

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and PTO the accrued Vacation Pay and PTOrepresents. The intent of this provision is thattaxes will be withheld at weekly rates ratherthan the higher rates for a lump sum paymentof Vacation Pay and PTO.(p) Notwithstanding any prior interpreta-

tions or awards to the contrary, vacation andPTO can be used for any reason, including anyreason set forth in any applicable present orfuture paid leave laws. The Company shalltake no action that discourages or penalizesan employee’s exercise of his right to take va-cation and PTO.(q) Notwithstanding Par. 1(b), accrued Vaca-

tion Pay and PTO shall be paid at the time it isused, at the request of the employee or re-quired by a paid leave law.(r) The provisions of any and all paid leave

laws are expressly waived by the parties tothis Agreement, to the extent permitted bysuch laws. Additionally, should any other mu-nicipality, county, state or other governmentalagency adopt a law or regulation providing forpaid leave for employees of employers signa-tory to a collective-bargaining agreement be-tween NEBA and the IUEC and such law orregulation permits the parties to elect a waiverof such paid leave, the parties agree that allsuch waivers are adopted and incorporatedherein, to the extent permitted by law.(s) For those jurisdictions that do not pro-

vide for a waiver of the paid leave law’s re-

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quirements, the parties to this Agreement ac-knowledge and agree that to the extent al-lowed by applicable law, the preceding provi-sions shall satisfy, and shall be construed tosatisfy, the requirements of any and all laws orregulations requiring employers to providepaid leave to eligible employees. A Companymay modify its procedures for implementingthe preceding provisions to comply with anyexisting laws and new laws enacted during thelife of this Agreement, upon prior notificationto the Union and provided further that the ben-efits provided in the Article cannot be reduced.

ARTICLE XIII

Traveling Time and Expenses

Par. 1. When Elevator Constructors are sentoutside the primary jurisdiction, but withinthe zoned area of the secondary, travel timeand travel expense shall be paid in accordancewith the Local Expense Agreement.When Elevator Constructors are sent be-

yond the zoned area of the secondary jurisdic-tion or outside the secondary jurisdiction alltravel time during the regular established workhours, Monday through Friday, inclusive, shallbe paid at single time rates. Likewise, all traveltime before and after the regular establishedwork hours, Monday through Friday, inclusive,shall be paid at time and one-half rates. Fur-

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ther, all travel time on Saturdays, Sundays andHolidays shall be paid at time and one-halfrates (as agreed to in Article IX, Contract Serv-ice, travel time on overtime call-backs is ex-cepted from the above). Expenses incurred ontrip to be paid by the Company in accordancewith the Local Expense Agreement.Employees operating vehicles provided by

the Company shall not be entitled to paymentof wages or commuting expenses for timespent driving before or after the regular work-ing hours from the employee’s home to thefirst job site of the regular workday or drivingfrom the last job site of the regular work dayto the employee’s home. (Note: Employeesshall be reimbursed for any tolls in excess ofthe toll charge for passenger vehicles). This isnot intended to circumvent expenses or traveltime paid pursuant to Art. IX or Art. XIIIand/or a Local Travel and Expense Agreementor established local practice.

Par. 2. Local Unions and NEBA Representativesare requested to establish zones within thesecondary jurisdiction and traveling time andtraveling expense allowances for each zone,consistent with existing arrangements.

Par. 3. When the Local Union and the NEBARepresentative are unable to resolve differ-ences regarding local travel time and travelexpense agreements and presently recognized

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primary and secondary jurisdiction, eitherparty may request the General President,IUEC and the NEBA Executive Director tostudy the dispute. The General President,IUEC and the NEBA Executive Director, ortheir designees, shall entertain the request,and after investigation and study, are author-ized to make recommendations to the LocalUnion and the NEBA Representative.The General President, IUEC and the NEBA

Executive Director, or their designees, mayissue guidelines that the Local Union and theNEBA Representative may utilize in negotiatingchanges to and resolving disputes over localtravel time and travel expense agreements.All parties shall continue to work under the

existing local travel time and local travel ex-pense agreement for thirty (30) days from thedate that NEBA and the IUEC are notified thatthe parties have reached an impasse. The Gen-eral President, IUEC and the NEBA ExecutiveDirector, or their designees, may at their dis-cretion extend the present Agreement for oneadditional thirty (30) day period.

ARTICLE XIV

Strikes and Lockouts

Par. 1. It is agreed by both parties to this Agree-ment that so long as the provisions herein con-

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tained are conformed to, no strikes or lock-outs shall be ordered against either party. It isunderstood that this Paragraph shall be ap-plied and construed consistent with the provi-sions of Article IV, Par. 11 concerning Griev-ance and Arbitration procedure.

Par. 2. No strike will be called against the Com-pany by the Union unless the strike is ap-proved by the International Office of the Inter-national Union of Elevator Constructors. Suf-ficient notice shall be given to the Companybefore a strike shall become effective. Exceptin the case of Contract Service Work as speci-fied in Article IX of this Agreement, work stop-pages brought about by lawful picketing orstrikes by building trades local unions affili-ated with Building Trades Councils shall notconstitute a strike within the meaning of thisArticle.

Par. 3. In the event of a strike, work stoppage orlockout affecting Mechanics, Helpers, Appren-tices and Assistant Mechanics on New Con-struction or Repair Work, men working onContract Service shall not be affected by suchstrike, work stoppage or lockout, and theUnion will supply competent men to the Com-pany to do all work covered under Contractservice whether such men are continuouslyemployed in this work or not prior to thestrike, work stoppage or lockout.

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ARTICLE XV

Arbitration

Par. 1. Any difference or dispute regarding theapplication and construction of this Agree-ment, shall be referred to as a “grievance” andshall be resolved under the following proce-dure. Both parties commit to making anearnest effort to resolve differences in accor-dance with the procedure outlined below:

Par. 2. Oral Step. Any employee, local union, orthe Employer with a grievance (hereinaftercalled the “grievant”), shall discuss the griev-ance with the designated Employer Represen-tative (or Local Union Business Representa-tive) within ten (10) working days after thecause of the grievance is known or should rea-sonably have been known. The Employer shalldesignate to each local union the Employer’sRepresentative(s) for the purpose of respond-ing to grievances at this step. If the grievanceis initiated by an employee, the Local BusinessRepresentative shall be present during the dis-cussion.Within three (3) working days after the

above discussion, the Employer’s Representa-tive shall notify the employee and the LocalUnion Business Representative of his disposi-tion of the matter.The Local Business Representative shall

similarly respond to the Employer’s grievance.

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Par. 3. Written Step One. If the issue remains un-resolved after the conclusion of the Oral Step,the grievant, within ten (10) working days ofthe conclusion of the Oral Step, may submit inwriting on provided forms a brief statement ofthe grievance, including the Article and para-graph of the Agreement allegedly violated (ifknown), and the remedy requested.Within fifteen (15) working days after the

written grievance is received by the Employer(or the Union), a meeting will be held to dis-cuss the grievance. The Employer shall be rep-resented by the Regional Field Manager, FieldEmployee Relations or his designee and thedesignated Employer Representative de-scribed in Par. 2. The union shall be repre-sented by the IUEC Regional Director or otherRepresentative designated by the GeneralPresident and the Local Business Representa-tive described in Par. 2.At the meeting (or any continuation thereof

agreed to by the parties), the Employer (or theUnion) shall give its written answer to thegrievance on the provided form. Within ten(10) working days of that disposition, the Em-ployer or the Union shall indicate on the griev-ance form whether it appeals therefrom. If thegrievance disposition is not appealed, it shallbe final and binding on all parties.

Par. 4. Written Step Two. If the grievance is ap-pealed it shall be placed on the agenda of a

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scheduled meeting of the National Arbitra-tion Committee. The Employer shall be rep-resented by the NEBA Executive Director orhis designee and a panel of two (2) additionalEmployer Representatives. The Union shallbe represented by the General President orhis designee and two (2) additional represen-tatives. The General President of the IUEC(or his designee) and the NEBA Executive Di-rector (or the Company’s Director of LaborRelations), may mutually agree that a griev-ance that has been appealed from writtenstep one proceed directly to Impartial Arbi-tration.The National Arbitration Committee shall

meet once per calendar quarter. Each partyshall submit an agenda not less than seven (7)working days prior to the meeting.The NEBA Executive Director or his de-

signee (or the General President, IUEC or hisdesignee) shall render a disposition of thegrievance in writing at the National Arbitra-tion Committee Meeting. If the grievance dis-position is accepted, it shall be final and bind-ing on all parties.

Par. 5. Impartial Arbitration. If the grievance isnot settled by the National Arbitration Com-mittee, the Union or the Employer, within fif-teen (15) working days of the Employer’s orUnion’s disposition as outlined in Par. 4, mayappeal the grievance to impartial arbitration.

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Such appeal shall take the form of a letter tothe NEBA Executive Director or the GeneralPresident, IUEC.

Par. 6. (a) The parties shall mutually agreeupon the selection of an impartial arbitrator.If, within fifteen (15) days, the parties are un-able to agree on the person to be selected asarbitrator, the parties shall jointly request tosubmit the matter to arbitration conducted inaccordance with the Labor Arbitration Rulesand Procedures of the American ArbitrationAssociation and by an arbitrator who is amember of the National Academy of Arbitra-tors.The arbitrator shall render his decision im-

mediately upon the close of the record if theparties mutually agree otherwise the decisionshall be rendered within thirty (30) days of theclose of the record or the receipt of the briefsif the parties desire to file briefs. In an arbitra-tion, either party may rely upon Articles in theAgreement other than those set forth in theoriginal grievance form. The decision of theimpartial arbitrator shall be final and bindingon all parties.(b) NEBA and the Union agree to the follow-

ing program for Impartial Arbitration of griev-ances on a test basis. Either party may termi-nate the program upon ninety (90) days’ writ-ten notification to the other at any time afterJuly 8, 2014: There shall be a mutually agreed

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upon designated panel of twelve (12) perma-nent arbitrators selected from arbitrators whohave been mutually selected by both parties atleast two (2) times in the last ten (10) years.Each Arbitrator selected for the panel will beprovided in advance of the hearings, a writtendescription of the industry collective bargain-ing history and setting, mutually agreed uponby the parties. Each party at its sole discretionmay within the life of this agreement dis-charge one (1) permanent Arbitrator fromhearing any further cases with 90 days’ noticeto the other party.For grievances filed under this Agreement,

NEBA and the IUEC agree that the secondWednesday and Thursday of each month willbe reserved for an arbitration hearing. An arbi-trator from the panel will be scheduled for thenext available second Wednesday and Thurs-day that are acceptable to the arbitrator. Alter-natively, the parties may mutually agree on adate for arbitration. If more than one griev-ance is to be scheduled, the grievance with theearliest filing date will be scheduled first. Nogrievance will be scheduled for arbitrationwith less than ninety (90) days’ notice to theparties. The arbitrator will retain ultimate au-thority to schedule, postpone or continue ahearing.

Par. 7. It is understood that the arbitrator doesnot have the authority to add to, subtract from

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or modify in any way the provisions of thisAgreement.

Par. 8. Grievances of the Union or the Employershall originate at Written Step Two by submis-sion to the NEBA Executive Director (or theGeneral President, IUEC). The grievance of anIUEC Regional Director shall be filed andprocessed beginning at Written Step One ofthe procedure.

Par. 9. Discharge Grievances Expedited Impar-tial Arbitration. Recognizing the special natureof cases involving the discharge of an em-ployee, the parties agree that such case(s)shall be handled under the following proce-dure:(a) Any discharge grievance not resolved at

the Written Step One meeting may immedi-ately be referred by either party to the NEBAExecutive Director or his designee and theGeneral President of the Union or his designeefor their immediate review and discussion.Such grievance need not wait to be placed onthe agenda of the scheduled National Arbitra-tion Committee, but rather shall be discussed,either in person or by telephone, by the partieswithin ten (10) working days of the referralfrom Written Step One. The parties shall makean earnest effort to resolve their differences atthis meeting, but failing such agreement, ei-ther party may request immediate, expeditedimpartial arbitration.

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(b) Within ten (10) working days of a re-quest for impartial arbitration by either party,the parties shall mutually agree upon the se-lection of an impartial arbitrator who shall beobliged to schedule a hearing at the earliestpossible available date on his/her schedulewhere both parties are available to presenttheir respective cases. The arbitrator shallhear the case. If the parties cannot agree onan arbitrator they will use the selection pro-cedure in Par. 6 (b) (or Par. 6 (a), if Par. 6 (b)is no longer in effect). Post hearing briefsmust be submitted within two (2) weeks ofthe conclusion of the hearing. The arbitratorshall render the award within two (2) weeksof the submission of briefs. Post hearingbriefs may be waived by mutual agreement ofthe parties.

Par. 10. Compensation and expenses of the ar-bitrator shall be shared equally between theEmployer and the Union.

Par. 11. Any of the time limits contained hereinmay be mutually extended by the representa-tives of the parties. Failure to appeal the griev-ance within the time limits described abovewithout mutual agreement shall be consideredan abandonment of the grievance. If a griev-ance is not dispositioned within the abovetime limits, it shall be immediately processedto the next step of the procedure.

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ARTICLE XVI

Jurisdictional Territory

Par. 1. The primary jurisdiction of any localunion shall include only that territory in whichits members will agree to travel on their owntime.The secondary jurisdiction shall include the

balance of the territory now within the juris-diction of the local union.

Par. 2. Any change to the present jurisdiction ofa local must be approved by the InternationalUnion of Elevator Constructors and the NEBAExecutive Director before becoming effective.

Par. 3. The primary jurisdiction of Local No.of the City of , rela-

tive to the wage scale and working conditionsshall include the following territory:

The secondary jurisdiction of Local No.of the City of , rela-

tive to working conditions shall include thefollowing territory:

Par. 4. The parties agree that they meet annuallyand by mutual agreement more often, if neces-sary to discuss jurisdictional issues. The par-ties agree to fairly act upon justifiable writtenrequests by Local Unions for extensions of ex-

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isting jurisdictions. The Company and theIUEC shall advise a Local Union within sixty(60) days after the meeting at which the re-quest is considered, of its disposition of the re-quest.When opening a Local Office the following

steps shall be followed:1. The Company shall notify the Local Busi-

ness Manager/Representative when opening anew “Local Office” in a Local Union’s second-ary jurisdiction or open territory.2. The Company shall bargain with the Local

Business Manager/Representative or Interna-tional when considering the assignment of abargaining unit employee to a Local Office. Nobargaining unit employee will negotiate di-rectly with the Company.3. The Company agrees to make forty (40)

hours per week available to the first employeeassigned to a Local Office. As each additionalemployee is assigned to such office thereafter,the Company agrees to make not less thanthirty-two (32) hours of work available to themost recent addition and forty (40) hours perweek available to all but the last employee soassigned.4. Local Office employees will perform work

per Article IX, Par. 1 and Article IX, Par. 2B.5. Local Office employees shall not perform

work in the primary of a local union unlessmutually agreed to by the Company and theLocal Business Manager/Representative.

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6. Local Office Employees shall performtheir work in accordance with the NEBA Na-tional Agreement at all times.

ARTICLE XVII

Health Benefit Plan

Par. 1. The Health Benefit Plan covering life in-surance, sickness and accident benefits, andhospitalization insurance, or any changesthereto that are in accordance with the Na-tional Elevator Industry Health Benefit Planand Declaration of Trust, shall be a part of thisAgreement and adopted by all parties signa-tory thereto.

Par. 2. The Health Benefit Plan shall be financedby mutual contribution, of Employers and Ele-vator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics as pro-vided herein. The Employer agrees to con-tinue to pay and contribute fifteen dollars andtwenty seven and one-half cents ($15.275) foreach hour of work performed by all ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics in its employ. The fif-teen dollars and twenty seven and one-halfcents ($15.275) hourly contribution rate shallincrease upon every anniversary of the wagerate change of each Local Union, in accor-

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dance with the following (except as modifiedpursuant to Article V, Par. 3):

HourlyAmount of Contribution

Effective Date Increase Rate

January 1, 2018 $0.15 $15.425

January 1, 2019 $0.15 $15.575

January 1, 2020 $0.15 $15.725

January 1, 2021 $0.15 $15.875

January 1, 2022 $0.15 $16.025

Each Elevator Constructor Mechanic,Helper, Apprentice and Assistant Mechanicshall continue to contribute three and one-halfcents ($.035) per hour. Payments of said con-tributions by the Employer and Elevator Con-structor Mechanics, Helpers, Apprentices andAssistant Mechanics shall be in accordancewith the National Elevator Industry HealthBenefit Plan and Declaration of Trust.

Par. 3. It is understood and agreed that the con-tributions provided for in Par. 2 shall be usedby the Trustees to maintain the plan of bene-fits provided by the Health Benefit Plan to theextent that it is feasible to do so on a sound fi-nancial basis without any change in saidhourly contribution rates during the term ofthis Agreement (except as modified by ArticleV, Par. 3).

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Par. 4. It is understood and agreed that the deci-sion(s) to increase or decrease the benefitsprovided by the Health Benefit Plan are mat-ters committed to the discretion of theTrustees, except that the Trustees should notmake any change in the plan of benefits whichwould result in the need for an increase in thecontribution rates set forth in Par. 2. It is fur-ther understood and agreed, that the Actuaryof the Health Benefit Plan shall continuouslymonitor the financial condition of the HealthBenefit Plan and shall promptly advise theTrustees whenever in the opinion of the Actu-ary, it is necessary for the Trustees to modifybenefits provided by the Health Benefit Planin order to maintain the Health Benefit Plan insound financial condition without any in-crease in the hourly contribution rates setforth in Par. 2. The Actuary shall report to theTrustees with respect to such matters at leastonce each year as soon as is feasible after thefinancial and actuarial information for theHealth Benefit Plan as of the end of the planyear is available. Nothing in this Par. 4 shalllimit the Union’s authority under Article V. Par.3.

Par. 5. In no event shall a contribution rate ofthe Company exceed the lowest contributionrate paid by any other contributor to theHealth Benefit Plan for the type of work cov-ered by this Agreement.

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ARTICLE XVIII

Pension Plan

Par. 1. The National Elevator Industry, Inc., andthe International Union of Elevator Construc-tors shall continue the Pension Trust Fundknown as the “National Elevator Industry Pen-sion Plan,” which is administered by a boardof ten (10) Trustees, five (5) appointed by theNational Elevator Industry, Inc., and five (5)appointed by the International Union of Eleva-tor Constructors. The Board of Trustees haveadopted a Declaration of Trust and Plan ofPension Benefits which shall be a part of thisAgreement and binding on all parties signa-tory to this Agreement. The normal retirementage of the Pension Plan is sixty-five (65) yearsof age.

Par. 2. The Plan of Pension Benefits shall be fi-nanced by contributions as provided herein.The Company agrees to continue to pay andcontribute nine dollars and forty six cents($9.46) cents for each hour of work performedby all Elevator Constructor Mechanics,Helpers, Apprentices and Assistant Mechanicsin its employ. The nine dollars and forty sixcents ($9.46) hourly contribution shall in-crease upon every anniversary of the wagerate change of each Local Union, in accor-dance with the following (except as modifiedpursuant to Article V, Par. 3):

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January 1, 2018 $0.25 $9.71

January 1, 2019 $0.25 $9.96

January 1, 2020 $0.25 $10.21

January 1, 2021 $0.25 $10.46

January 1, 2022 $0.25 $10.71

Payments of said contributions by the Com-pany shall be in accordance with the terms ofthe Declaration of Trust adopted by the Boardof Trustees. However, in no event shall contri-butions by the Company exceed the lowestcontribution paid by any employer contributorto the Pension Plan for the type of work cov-ered by this Agreement performed in the samegeographical jurisdiction of a given local.

Par. 3. Under the terms of this Agreement, in-cluding the agreed-upon contribution rate tothe Pension Plan, it is the understanding andintention of the parties that the Trustees of thePlan, in fulfilling their duties as Trustees, willoperate and administer the Pension Plan in asound fiscal manner and in accordance withthe Agreement and Declaration of Trust. It isthe intention of the parties that the Trusteeswill annually review the applicable benefitrates of the Plan, and following such review,may increase the benefit rate to a level such

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that the funding period will be fifteen (15)years or less, so that neither withdrawal liabil-ity nor an unfunded vested liability will be cre-ated and so that the Plan will remain comfort-ably in the “green zone” under the rules of thePension Protection Act of 2006, that is, thePlan will stay outside of “endangered” and“critical” status as defined by the Pension Pro-tection Act. Each year, as soon as feasibleafter the financial and actuarial informationfor the Plan as of the last day of the prior PlanYear is available, the Plan actuary shall advisethe Trustees with respect to the funding of thePlan, taking into account the criteria set forthin this paragraph.

ARTICLE XVIII(A)

401 (k) Annuity

The National Elevator Industry 401(k) Retire-ment Plan shall have a provision added to enablethe Plan to accept annuity contributions andshall be known as the Elevator Constructors An-nuity and 401(k) Plan.The Plan shall be administered by a board of ten

(10) Trustees; five (5) appointed by the Interna-tional Union of Elevator Constructors and five (5)appointed by the National Elevator Industry, Inc.The Board of Trustees shall adopt a Declara-

tion of Trust and Plan of Benefits which shall be

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part of this Agreement and binding on all partiessignatory to this Agreement.The annuity benefits shall be funded by Em-

ployer contributions as follows (except as modi-fied pursuant to Article V, Par. 3):



January 1, 2018 $0.65 $6.90

January 1, 2019 $0.65 $7.55

January 1, 2020 $0.65 $8.20

January 1, 2021 $0.65 $8.85

January 1, 2022 $0.65 $9.50

ARTICLE XIX

Educational Fund

Par. 1. The National Elevator Industry, Inc., andthe International Union of Elevator Construc-tors have established an Education Trust Fundadministered by a joint board of trustees. TheEducational Trust Fund known as the “Na-tional Elevator Industry Education Program”shall provide an Apprenticeship program forthe education and training of Apprentices aswell as a continuing education program for El-evator Constructor Mechanics. Such Fund has

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been established pursuant to and in compli-ance with the provisions of Section 302 of theLabor-Management Relations Act, as amended.

Par. 2. The Apprenticeship program called forherein shall be for a period of four (4) years andshall in all respects conform to the regulations ofthe United States Department of Labor and/orapplicable state Apprenticeship councils govern-ing registered Apprenticeship programs. Thepattern standards for the Apprenticeship pro-gram are set forth in the National Guidelines forApprenticeship Standards and are incorporatedherein. Through coordination with the Directorof the National Elevator Industry Education Pro-gram, local committees consisting of representa-tives of employers signatory to this agreementand IUEC Local Unions, shall prepare and sub-mit for approval to the applicable state Appren-ticeship councils such documents as may benecessary to secure registration of the Appren-ticeship program called for herein. Upon the ap-proval of the parties hereto, such committeesmay alter the program of Apprenticeship setforth in the National Guidelines for Apprentice-ship Standards if in their opinion such alter-ations are called for by applicable state law.

Par. 3. The Board of Trustees of the EducationTrust Fund shall have full authority and dis-cretion to adopt Agreements and Declarationsof Trust and educational and training pro-

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grams which shall become a part of thisAgreement and binding on all parties to theAgreement. Individuals, Companies and LocalUnions may appeal decisions of a Local JointApprenticeship Committee to the Board ofTrustees of the Educational Trust Fund whichmay review, modify or set aside such decisionand order relief as appropriate. This provisionof this Article shall be effective to the extentpermitted by applicable law.

Par. 4. The National Elevator Industry Educa-tion Program shall be financed by contribu-tions by Employers as provided. Upon the ef-fective date of this Agreement the Companyagrees to continue to pay and contribute tosuch Fund sixty cents ($.60) per hour for eachhour of work performed by all Elevator Con-structor Mechanics, Helpers, Apprentices andAssistant Mechanics. The amount of the Com-pany contribution will be as follows (exceptas modified by Article V, Par. 3):



January 1, 2018 $0.01 $0.61

January 1, 2019 $0.01 $0.62

January 1, 2020 $0.01 $0.63

January 1, 2021 $0.01 $0.64

January 1, 2022 $0.01 $0.65

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Payment of said contributions shall be in ac-cordance with the terms of the Declaration ofTrust adopted by the Board of Trustees. How-ever, in no event shall contributions by theCompany exceed the lowest contribution paidby any employer contributor to the Fund.

Par. 5. It is understood and agreed that if priorto any calendar year the Trustees shall advisethe IUEC and NEBA that the amount of thecontributions set forth in Par. 4. above are pro-viding more than sufficient funds to financeand maintain the existing education program,then the IUEC and NEBA shall meet to discussand agree upon whether the amount of theCompanies’ contributions to the EducationPlan should be reduced and the wage rate ofElevator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics increasedby the amount of any agreed upon reduction.It is also understood and agreed that if at

any time the Trustees of the Education Planshall advise the IUEC and NEBA that the Edu-cation Plan does not have sufficient funds tomaintain the existing education program, thenthe IUEC and NEBA shall meet to discuss andagree upon whether the amount of the Compa-nies’ contributions to the Education Plan shallbe increased. In no event shall the Companies’contribution exceed the lowest contributionpaid by any employer contributor to the Edu-cation Plan.

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ARTICLE XX

Elevator Industry Work Preservation Fund

Par. 1. The Elevator Industry Work PreservationFund shall be funded by a contribution ofthirty cents ($0.30) per hour and continuedeach year thereafter for each hour of workperformed by each employee covered by thisAgreement to the Elevator Industry WorkPreservation Fund (except as modified by Ar-ticle V, Par. 3). The amount of the Companycontribution will be as follows (except asmodified by Article V, Par. 3):



January 1, 2018 $0.06 $0.36

January 1, 2019 $0.06 $0.42

January 1, 2020 $0.06 $0.48

January 1, 2021 $0.06 $0.54

January 1, 2022 $0.06 $0.60

Except for the transfer of contributions de-scribed in Section 5 below, the monies of theFund shall be at all times segregated fromother Union or Employer assets, and shall notbe used or controlled by the Union or Employ-ers party to this Agreement, but shall be ad-ministered solely by the Trustees and its duly

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authorized representatives for the purposespermitted.

Par. 2. The Fund shall be governed by a writtenTrust Agreement and administered by a Boardof Trustees, in accordance with, and so pro-vided in, the governing documents of the Fundand subsequent amendments thereto.

Par. 3. The assets of the Fund shall be used forany purpose authorized by Section 6(b) of theLabor-Management Cooperation Act of 1978and Section 302(c)(9) of the Taft Hartley Act,29 U.S.C. Section 186(c)(9). The Fund shallnot be used for any other purpose, including apurpose which is inconsistent with the provi-sions of this Agreement, or used for the pur-pose of funding any lobbying effort or partici-pation in any litigation, or administrative pro-ceeding in which the Fund is seeking or sup-porting a result which is contrary to the inter-ests of any Employer signatory to this Agree-ment, or used in connection with an organiza-tional campaign to organize any employees ofan Employer which is bound by the terms ofthis Agreement in a job classification otherthan the classifications of Elevator Construc-tor Mechanic, Elevator Constructor Helper,Elevator Constructor Apprentice and ElevatorConstructor Assistant Mechanic.

Par. 4. No Employer signatory to this Agree-ment shall be obligated to provide information

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to the Union or to the Fund with respect toany matter which the Fund may be reviewingor pursuing or otherwise related to the activi-ties of the Fund, nor shall any Employer signa-tory to this Agreement be obligated to partici-pate in any of the activities of the Fund in anyother manner. The Trustees of the Fund shallnot take any action which directly or indi-rectly changes any of the Articles or intent ofthis Agreement, nor shall any provision of thisArticle be construed to change the meaning orintent of any other Article of this Agreement.

Par. 5. Contributions to the Elevator IndustryWork Preservation Fund will be reported onand transferred on a monthly basis using theMonthly Remittance Report to the National El-evator Industry Benefit Funds (NEIBF), whichwill in turn segregate and deposit the contri-butions to the Work Preservation Fund in thatFund’s separate account.

ARTICLE XXI

Payment for Lost or Stolen Tools

Par. 1. The Company agrees that they shouldmake every effort to provide a reasonably safeplace for tools and likewise the employeeshall make every effort to protect not only hisown tools but also to protect the Companytools. The Company and the local union agree

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to jointly reimburse Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics for tools loston the job or stolen while in transit or stolenfrom any vehicle being used by the employeeon the following basis:a) Up to a maximum claim of $200, the Com-

pany will pay 75% and the local union will pay25%.b) On claims of more than $200, the local

union will pay $50 with the remainder, up to amaximum of $900, paid by the Company.Alternatively, the Company may elect to list

those tools which its employees are requiredto utilize. In that event the Company shall notbe required to reimburse its employees forother than those tools it shall require.Actual receipts for replacement tools must

be submitted, in either case, to the local unionand the Company by the Employee claimingthe loss before reimbursement can be author-ized. The local union and the Company re-serve the right to inspect replacement tools.

ARTICLE XXI (A)

Metric Tools

When and if the Company requires the use ofmetric tools by an employee in the course of his

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employment, the Company agrees, upon receiptfrom the employee, to reimburse the employeefor all tools required or to provide such tools, atthe Company’s option.

ARTICLE XXII

Hiring, Layoffs and Transfers

Par. 1. In the interest of maintaining an efficientsystem of production in the industry, provid-ing for an orderly procedure of employment ofapplicants and of preventing discriminationbecause of age, citizenship, disability, race,color, creed, sex, religion or national origin,the parties hereto agree to the following sys-tem of employment:

(a) The Union shall establish, maintain andkeep current an open list for the employmentof workmen qualified to perform the duties re-quired. Such list shall be established, main-tained and kept current on a nondiscrimina-tory basis and shall not be based on or in anyway affected by Union membership, Union By-Laws, regulations or constitutional provisionsor any other aspect or obligation of Unionmembership, policies or requirements. Theopen employment list shall be kept currentand produced to each company’s local officeon a weekly basis or immediately upon re-quest, by electronic means (i.e. fax or e-mail).

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The open employment list must include thenames, classification and home primary orsubprimary. An employee who does not meetthe requirements set forth in the SubstanceAbuse Program will be deemed unqualifiedand not placed on any list for referral or re-ferred out to any company.

(b) The Company shall hire experiencedMechanics, Assistant Mechanics, Helpers andApprentices who permanently live in the areaand are seeking employment and are qualifiedto perform the work required by the Companybefore hiring a transient employee or a new in-experienced employee. An employee shall beconsidered a transient until he makes a show-ing that he is permanently changing his homeand residing in the territorial jurisdiction ofthe local with which he has registered for re-ferral. The employee shall verify the change byproviding to the local, a motor vehicle regis-tration and driver’s license with the new ad-dress. The employee shall send the change ofaddress to the International in order to be reg-istered with the local for referral.

Provided the foregoing criteria are met, anemployee’s status as a transient shall continuefor a period of six (6) months from the time hehas registered with the local. When hiring anexperienced Mechanic, Assistant Mechanic,Helper or Apprentice the Company shall usethe Union as the first source of applicants foremployment. Upon the Company’s request,

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the Union shall refer, on the basis set forthhereinafter, such an applicant within a periodof 72 hours after such request, exclusive ofSaturdays and Sundays. When seeking Ap-prentice applicants, the Company will utilizethe list provided by the Local Joint Appren-ticeship Committee. If the Union or JAC failsto refer qualified workmen within the speci-fied period the Company may obtain workmenfrom any other available source. The Com-pany has the right to reject any and all appli-cants referred to it by the Union. The Com-pany, where requested by the Union, shallgive, in writing, the reason for any rejection. Itis further understood and agreed that if anyworkman is continually rejected by the Com-pany within a local union’s jurisdiction or ifthe Company, as a matter of practice, repeat-edly rejects applicants referred by the Union,the local union Business Representative or theCompany may submit the matter of rejectionto the designated Company Labor RelationsRepresentative and IUEC Regional Director.Failing agreement, the matter may be referredto the National Arbitration Committee underArticle XV. The Company Labor Relations Rep-resentative and IUEC Regional Director, Na-tional Arbitration Committee or the impartialarbitrator shall have authority to decide thematter and impose an appropriate remedy. Ifthey find that the continued rejection of a par-ticular workman was justified, the appropriate

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remedy may include directing the removal ofthe named workman from the list for a periodof time. If they find that the Company has un-reasonably or discriminatorily exercised itsright of rejection, the appropriate remedy mayinclude directing that the Company not have aright of exercising his right of rejection for aperiod of time.(c) The Union shall refer to the Company

only workmen whose names appear on theopen employment list and in so doing shall begoverned by the following criteria:(1) If the Company requests by name from

the open employment list a particular work-man previously employed by the Company,who permanently lives in the area, that work-man shall be referred by the Union to theCompany unless the workman is unwilling toaccept employment with the Company.(2) If the Company requests by name from

the open employment list a particular work-man who has not previously been employedby the Company, who permanently lives in thearea, that workman shall be referred by theUnion to the Company unless the workman isunwilling to accept employment with theCompany.(3) In the event the General President of the

IUEC shall be of the opinion that a severe un-employment situation exists in any local’s ju-risdiction, he shall contact the NEBA Execu-tive Director and confer with him as to the

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problem and possible resolutions. Failingagreement the matter may be submitted to theimpartial arbitrator as provided under ArticleXV. An agreement as to resolution of the prob-lem between the General President of theIUEC and the NEBA Executive Director or thedecision of the arbitrator may modify the pro-visions of subparagraph (1) and (2) above asmay be deemed necessary under the circum-stances.(d) All Employment Practice provisions are

to be posted in the Union Hall and in the Com-pany’s Personnel Office.(e) As soon as practical the General Presi-

dent of the IUEC shall review all locals of theUnion where there is a part-time BusinessRepresentative for the purpose of determiningwhether such Business Representative is ableto establish and maintain an open employ-ment list and to operate the procedures in thisArticle in a satisfactory manner. He shall thenadvise the NEBA Executive Director as tosuch determination and if there is any dis-agreement, they shall endeavor to resolve thematter. Failing agreement, the matter may besubmitted to the impartial arbitrator providedunder Article XV.

Par. 2. Applicants for Apprenticeship shall beevaluated and ranked in accordance with theselection procedures contained in the patternaffirmative action plan set forth in the Na-

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tional Guidelines for Apprenticeship Stan-dards, as they may be amended from time totime, or such similar procedures adopted toconform to applicable state laws or regula-tions, by local committees consisting of repre-sentatives of IUEC Local Unions and Employ-ers signatory to this collective bargainingagreement. Employers seeking new employ-ees shall contact the appropriate local com-mittee for dispatch of an Apprentice in accor-dance with that committee’s referral proce-dures.The Local Union and the Companies are en-

titled to a copy of the complete ranked appli-cant list. If applicants for Apprenticeship arenot referred from the Apprentice applicantlist, the Employer may obtain Apprenticesfrom any other available source.

Par. 3. When an Employer makes layoffs, theprobationary Apprentice (as defined in ArticleX Par. 3) will be laid off first; thereafter, anytransient Helper, then any transient Appren-tice, then any transient Assistant Mechanic,then any first year Apprentice, followed byany Helper who permanently lives in the areaand/or any second year Apprentice and/or anythird year Apprentice and/or any fourth yearApprentice and/or any Assistant Mechanic(these 5 classifications shall be combined tobe a single classification/pool for the purposesof layoff) at the Employer’s sole discretion.

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The employer will determine the order of layoff in each classification. Employees laid offshall be paid at the next weekly payroll periodfollowing the layoff.The Temporary Mechanic shall be set back

in the same order as mentioned in Article XPar.4 prior to layoff of a transient Mechanic,not including temporary transfers referred toin paragraph (4) below, and lastly those Me-chanics who permanently live in the area willbe laid off.

Par. 4. The Company shall have the right totransfer temporarily from one local union’s ju-risdiction to another, key Mechanics (such asadjustor, certified welder, Mechanic-In-Charge, experienced escalator Mechanic, Me-chanic trained to handle special equipmentsuch as hydro drilling equipment, Mechanicrequired to train or orient other employees inthat local union’s jurisdiction as to the Com-pany’s equipment, Mechanic transferred tem-porarily to open an office). A Mechanic-In-Charge is only on a construction or modern-ization job where there are four (4) or moreElevator Constructors including the Me-chanic-In-Charge. In addition, where the Com-pany does not have a regular work force, theCompany shall have the right to transfer Me-chanics temporarily on a one-to-one basis inthe case of two (2) man jobs up to a maximumof three (3) such jobs at any given time. It is

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understood that the foregoing limitations shallnot be applicable where there are no qualifiedMechanics available in the local union. Me-chanics temporarily transferred under theabove provisions may remain in the area onlyuntil completion of their work on the particu-lar job for which they have been transferred.The Company and the IUEC shall mutually

decide upon what is a regular work force asused in this Par. 4 and that decision shall be-come incorporated in and a part of this Agree-ment.

Par. 5. Where the Company is opening a new of-fice in one local union’s jurisdiction they maypermanently transfer one Mechanic from thejurisdiction of another local union to start thenew office provided they have advised theBusiness Representative in advance of thetransfer. The Company may permanentlytransfer an employee from one local union towork in the jurisdiction of another local unionsubject to the following conditions:(a) Prior notice shall be given to the Interna-

tional Union.(b) The Company shall consider the follow-

ing factors in reaching a decision to transfersuch an employee:1. The availability of qualified personnel in

the other local union.2. The business necessity for such a transfer

and other relevant considerations.

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(c) The Company shall not permanentlytransfer any employee for the purpose of cir-cumventing an expense agreement.(d) Any dispute concerning such a transfer

shall be subject to the grievance and arbitra-tion procedure herein.(e) It is understood and agreed that prior to

terminating an employee for unsatisfactoryperformance who is to be replaced under thisparagraph or any other employee, the Com-pany will give a written warning to the em-ployee with a copy to the Business Represen-tative in order that the employee be given anopportunity to improve his work performance.Such a termination may be submitted as agrievance to the National Arbitration Commit-tee as provided under Article XV as a finalsource of appeal.Written warnings for unsatisfactory per-

formance (other than safety infractions) can-not be used to justify additional disciplineunder this agreement, provided the employeehas no additional/subsequent performance is-sues within 24 months of the date on whichthe work performance letter was issued.

Par. 6. Whenever a building owner or other cus-tomer of the Employer requires persons work-ing on its premises to provide personal identi-fication as a condition of entering or workingon the premises, the Employer will providethe employee with such identification for use

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on such jobs which will not contain the em-ployee’s Social Security, driver’s license or anyother personal identification numbers of theemployee.

ARTICLE XXIII

Scope and Terms of Agreement

Par. 1. This Agreement shall be binding upon allEmployers and the local unions which arenamed in the attached lists. This Agreementshall be incorporated in and become a part ofany Agreement entered into between the Em-ployers and the local unions of the Interna-tional Union and no local Agreements be-tween the Employers and local unions shall bemade changing this Agreement except asherein provided for in Article XXVI. No localunion shall, through its by-laws, constitution,or otherwise, change any of the Articles or in-tent of this Agreement. Nor shall the Employ-ers make any rules or issue any instructionsthat are contrary to this Agreement.This Agreement defines the entire relation-

ship between the parties for the term of thisAgreement and, except as herein specificallyprovided for, neither party shall during theterm of this Agreement have any obligation tobargain with respect to any matter not cov-ered by this Agreement nor concerning anychange or addition hereto.

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ARTICLE XXIV

Re-Opening Clause

Par. 1. NEBA and the Union agree that if theLabor Management Relations Act of 1947 is re-pealed, modified or amended in any respect,the Union and NEBA agree that upon serviceof a thirty (30) days notice by either party, thiscontract may be reopened for negotiationdealing with Union security or secondarystrikes, that will be covered by the repeal,modification or amendment of that Act.

ARTICLE XXV

Termination of Agreement

Par. 1. This Agreement shall become effectiveon the Ninth day of July 2017, and shall termi-nate at midnight on the Eighth day of July2022.

ARTICLE XXVI

Local Option

Par. 1. It is agreed between the Company andthe Union that in order to more effectivelycompete or to address other local conditionsto benefit the entire elevator industry, it is per-missible for any local union to negotiate spe-

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cial conditions with the Company for the fol-lowing classes of work, except that the wagerate as determined by Article V of this Agree-ment may not be changed:1. Modernization Work2. General Repairs3. Contract Service4. Construction WorkSpecial conditions include but are not re-

stricted to such items as terms associatedwith Local Transportation and ExpenseAgreements, work jurisdiction associatedwith Article IV of this Agreement, staffing,premium rates of pay, shift work or workinghours on Modernization, Construction, Repairand Contract Service. In the case of ContractService, special conditions shall also includeproblems arising because of areas where anemployee’s physical well-being may be injeopardy.

Par. 2. The above mentioned special conditionsshall be negotiated by a Committee of two (2)Representatives from the local Union, one (1)International Representative and three (3)Representatives from the Company and theirdecisions shall be binding on both parties.

Par. 3. Agreement on special conditions shallcontinue as long as satisfactory to both par-ties, but no change shall be made more oftenthan six (6) months except that changes in

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construction working hours may be changedmore often if mutually agreed. Sixty (60) daysnotice in writing shall be given by the party de-siring such changes and such written noticeshall constitute cause for a meeting of bothparties.

Par. 4. Both parties commit to making anearnest effort to reach an agreement, how-ever, when the Local Union Representativeand the Company’s designated representativeare unable to resolve a dispute over changesin the Local Option Agreement as provided inthis Article, either party may request the Gen-eral President of the IUEC and the NEBA Ex-ecutive Director to review, make recommen-dations or issue guidelines to resolve the dis-pute.

ARTICLE XXVII

Reporting Time, Subpoenaed Witnesses,Uniforms

Par. 1. Whenever a Mechanic, Helper, Appren-tice or Assistant Mechanic covered by thisAgreement reports to work on a construction,service or maintenance job on request of theCompany and there is no work available, ex-cept for reasons beyond the control of theCompany, the employee shall receive twohours pay at straight time rates.

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Par. 2. Any employee who is covered by thisAgreement who is subpoenaed to court by theCompany or by the Company’s Counsel shallbe paid for all time at the straight time hourlywage rate, fringe benefits, and all reasonableexpenses.

Par. 3. When required by the Company, ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics shall wear uniformsbearing the Company’s name and/or trade-mark. Such uniforms shall be furnished by theCompany at no cost to the employee.

Par. 4. Whenever the Company asks an em-ployee to work with cleaning solvents or othermaterials and substances that pose a risk tolife or health, the Company will first advise theemployee of the risks and train the employeein proper use or handling of the materials andsubstances. The contents of all such materialsand substances and their possible risks andadverse effects shall be clearly marked ontheir containers. Suitable protective clothingand equipment must be provided to employ-ees handling such materials and substances.

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EMPLOYER MEMBERS OF NATIONALELEVATOR BARGAINING ASSOCIATION

KONE Inc.

Otis Elevator Company

Schindler Elevator Corporation

ThyssenKrupp Elevator Corporation

Fujitec America Inc.

Mitsubishi Electric and Electronics USA, Inc.

North American Elevator Service

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IN WITNESS WHEREOF, the parties here-under have set forth their hand and seal on thedate stated above.

For:National Elevator Bargaining Association

By:Rick AmarosaChristian GrenierKen DzierzawiecVincent SchiavoneJ.P. Heaney


INTERNATIONAL UNION OFELEVATOR CONSTRUCTORS

By:Frank J. Christensen,General President

James K. Bender II,Assistant General President

Larry J. McGann,General Secretary – Treasurer

Steven A. Bruno,Labor Committee

James H. Chapman III,Labor Committee

Harry H. Gilbert Jr.,Labor Committee

Patrick J. McGarvey,Labor Committee

Kevin A. Moody,Labor Committee

Lloyd R. Storr,Labor Committee

Daniel J. Baumann,Labor Committee

James R. Biagini,Labor Committee

Edward F. Christensen,Labor Committee

Dale E. Coalmer,Labor Committee

Gilbert E. Duncan III,Labor Committee

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110

Michael J. Langer,Labor Committee

James A. Lowery,Labor Committee

Kevin L. McGettigan,Labor Committee

NNEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 110

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LOCAL UNIONSOF

INTERNATIONAL UNION OFELEVATOR CONSTRUCTORS

Local No. 1, New York, NYLocal No. 2, Chicago, ILLocal No. 3, St. Louis, MOLocal No. 4, Boston, MALocal No. 5, Philadelphia, PALocal No. 6, Pittsburgh, PALocal No. 7, Baltimore, MDLocal No. 8, San Francisco, CALocal No. 9, Minneapolis, MNLocal No. 10, Washington, DCLocal No. 11, Cincinnati, OHLocal No. 12, Kansas City, MOLocal No. 14, Buffalo, NYLocal No. 15, Milwaukee, WILocal No. 16, New Orleans, LALocal No. 17, Cleveland, OHLocal No. 18, Los Angeles, CALocal No. 19, Seattle, WALocal No. 20, Louisville, KYLocal No. 21, Dallas/Fort Worth, TXLocal No. 23, Portland, ORLocal No. 24, Birmingham, ALLocal No. 25, Denver, COLocal No. 27, Rochester, NYLocal No. 28, Omaha & Lincoln, NE and Coun-

cil Bluffs, IALocal No. 30, Memphis, TN


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Local No. 31, Houston, TXLocal No. 32, Atlanta, GALocal No. 33, Des Moines, IALocal No. 34, Indianapolis, INLocal No. 35, Albany, NYLocal No. 36, Detroit, MILocal No. 37, Columbus, OHLocal No. 38, Salt Lake City, UTLocal No. 39, Providence, RILocal No. 41, Springfield, MALocal No. 44, Toledo, OHLocal No. 45, Akron, OHLocal No. 48, Charleston, WVLocal No. 49, Jacksonville, FLLocal No. 51, Richmond, VALocal No. 52, Norfolk, VALocal No. 55, Peoria, ILLocal No. 59, Harrisburg, PALocal No. 62, Syracuse, NYLocal No. 63, Oklahoma City, OKLocal No. 71, Miami, FLLocal No. 74, Tampa, FLLocal No. 79, Little Rock, ARLocal No. 80, Greensboro, NCLocal No. 81, San Antonio, TXLocal No. 83, Tulsa, OKLocal No. 84, Reading - Scranton, PALocal No. 85, Lansing, MILocal No. 91, New Haven, CTLocal No. 93, Nashville, TNLocal No. 124, Mobile, ALLocal No. 126, Honolulu, HI


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Local No. 131, Albuquerque, NMLocal No. 132, Madison, WILocal No. 133, Austin, TXLocal No. 135, Charlotte, NCLocal No. 138, Poughkeepsie, NYLocal No. 139, Orlando, FLLocal No. 140, Phoenix - Tucson, AZ


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APPENDIX A

Decisions of theJoint Industry Committee

The following decisions of the Joint IndustryCommittee were included as Appendix A to theStandard Agreement between NEII and the IUECwhich expired on July 8, 2017. NEBA and theUnion recognize these decisions as binding dur-ing the term of the present Agreement, except tothe extent any of these decisions are in conflictwith changes made to Article IV or Article IV (A)during negotiations for the present Agreement.

1. Wiring of Car Stations

After due consideration of all the informationthat the Executive Board could gather, back as far as1948, it was the decision of the Board that the Manu-facturers be permitted to do the internal wiring in thecar stations to a terminal block within the car station.

2. Pre-Drilled Overhead Beams

Decision arrived at was that Otis would refrainfrom drilling holes on the bottom flange of the eyebeam used to support the deflector sheave as soon asit was possible to stop the production line.

3. Pre-Wiring of Controllers

On the protest registered over the pre-wiring ofcontrollers, the employers agreed that the pre-wiring


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of cross connections on controllers would be discon-tinued and in the future, auxiliary panels would go outwithout any leads for any wiring on them.

The employers further agreed that there wouldbe no objection to a local removing the wiring, and re-placing it, until the situation is corrected.

4. Multi-Wire Cable

The ruling of the Board was that the use ofmulti wire cable has become prevalent throughout theIndustry and they can find no objection to its use.

5. Key Hole Slots

A review of past decisions and precedent estab-lished the fact that it had been previously agreed thatkey hole slots provided in car and/or landing doors arenot a violation of Article IV of the Standard Agreement.

Also, it is found that it had previously beenagreed that holes provided in the factory for mountingof interlocks, safety edges, detectors and photocells,are not a violation of Article IV of the Standard Agree-ment.

When Door Closer arms, lazy arms, or relatingarms are fastened to the doors by means of drilledand/or tapped holes on the door such drilling and tap-ping shall be done in the field by Elevator Construc-tors. In cases where doors are delivered to the jobsite, pre-drilled or tapped for such devices as referredto in this paragraph, doors will not be installed until a


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satisfactory settlement between the employer and theUnion is made.

6. Escalators

It is agreed that the escalator truss or parts oftruss maybe used as a shipping container for escala-tor components, such as tracks, sprockets, etc. Suchcomponents shall be secured within the truss with onlysufficient fastenings to provide safe transit and shallnot be permanently aligned.

It shall not be a requirement that tracks be re-moved from the truss prior to final alignment.

Connections between the straight inclined tracksystem and the upper and lower end curved track sys-tems shall be made in the field by Elevator Constructors.

Upper and lower sprockets or carriages are tobe installed in the field by Elevator Constructors. SeeArticle IV, Par. 2, Item C for additional information.

7. Extended Wiring On Controllers

Controllers are not to be shipped from the fac-tory with extended wiring attached thereto.

In the case of escalator controllers, because oflimited space available, extended wiring in the form ofcables or separate wires may be connected at oneend to the controller in the factory provided, however,that the other end of such extended wiring is not pre-pared for connections.


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8. Plug-in Connections Door Protection

Prepared plug-in connections for door protec-tion devices such as furnished on the photobell protec-tion device is not a violation of Article IV of the Stan-dard Agreement.

9. DMR Plug-in Connection

The plug connection presently being used onthe DMR Regulating Unit will be discontinued. Factoryinstalled wires leading out of the regulator shall havethe loose ends unprepared for field connection by theElevator Constructor.

It is agreed that the employer will use up pres-ent stock of regulators equipped with plugs. However,any regulators installed on new jobs after July 1, 1964,will be prepared as described in the above paragraph.

10. Car Door Operators

Haughton Type ‘T’ and ‘TH’ and WestinghouseType ‘E’ and other similar car door operators shallhave the external wiring to the motor and the door orgate contact installed in the field by Elevator Construc-tors.

11. Wood Flooring

When wood flooring on elevator platforms, in-cluding stage lifts, organ consoles and orchestra ele-vators, is to be installed in the field the work shall bedone by Elevator Constructors.


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12. Door Operators

(1) The pattern for the Industry, for shippingdoor operators would be based on the practice in exis-tence at the time of the Joint Industry Committee’s de-cision of December 12, 1963.

(2) As a guide for present and future Joint In-dustry Committees, it was determined that the follow-ing Exhibits would be used to settle any future disputerelative to the shipping of door operators and would beconstrued as examples of the practice in existence inDecember 9-12, 1963.

Exhibit ‘A’ (Haughton ‘T’ Operator as per photodated 12/13/67)

Operators may be shipped as per this Exhibitexcept all external wiring, all greenfield, allgreenfield connectors and the gate switch shallbe removed.

Exhibit `B’ (Haughton ‘TH’ Two-speed Operatoras per photo dated 12/13/67)


Exhibit ‘C’ (Haughton ‘TH’ Center-opening Op-erator as per photo dated 12/13/67)



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Exhibit ‘D’ (Westinghouse ‘E’ Line Operator asper photo 500581A, dated 12/13/67)

Operators may be shipped as per this Exhibitexcept all external wiring, all greenfield, allgreenfield connectors and the magnetic locksshall be removed.

Exhibit ‘E’ (Dover Operator per photo dated12/13/67)

Operators may be shipped as per this Exhibitexcept all external wiring, all greenfield, allgreenfield connectors, the gate switch and thecams to actuate the safety edges shall be re-moved.

13. Pre-Assembling of Machine to MachineBeams (Armor Elevator Co.)

It was agreed by the Joint Industry Committeethat the Armor Elevator Company is in violation of Arti-cle IV, Par. 2, sub-item “g” of the Standard Agreementby the method of pre-assembling the machine to themachine beams and the pre-drilling of the governormounting plate.

14. Holes Drilled in the Factory for theMounting of Sight Guards

shall not be considered a violation of Article IVof the Standard Agreement. The installation (and tap-ping if required), shall be done in the field by ElevatorConstructors.


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15. Type M Hoistway Door Track Assembly(Haughton Elevator Company)

It was mutually agreed that the spirator wouldbe removed and that the pre-drilling and tapping wascovered by Decision #1 of the Joint Industry Commit-tee dated December 12, 1963.

16. Pre-Fastening Booster or BlockingBeams to Machine Beams (GeneralElevator Company of Baltimore)

The Joint Industry Committee finds that Gen-eral Elevator of Baltimore method of pre-fasteningbooster or blocking beams, as established and shownon Exhibit ‘A’ entitled “Standard Machine Beam Detailwith Booster Beam” dated May 7, 1968 is not a viola-tion of Article IV.

17. Dover Leveling Switches

Dover Leveling Switches, as they are now con-structed, are not a violation of the Standard Agree-ment.

18. Westinghouse and Otis BasementMachines

Westinghouse Basement Type #28 GearedMachine with deflector sheave attached as per DSSheet 274D and Otis Basement Type 16BT machinewith attached deflector sheave as per sheet 6588Gare not in violation of Article IV of the Standard Agree-ment.


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19. Top Emergency Exit Switches (Otis)

It was agreed that the switch could be removedin the field and remounted.

20. Otis Integral Hanger

That the primary function and responsibility ofboth the Union and the Industry is to assure a safe, re-liable and workmanlike installation as regard doorequipment. The employers agree that they cannot ob-ject to the dismantling of components if such becomesnecessary to accomplish this.

(It continues:) There has been some questionon interpretation of this clause, therefore, it has beenagreed that the application of this decision requiresthat the Mechanic-in-charge use his discretion with re-gard to removal of the hanger bar to accomplish thestated objective. Management supervisors should notbe critical or attempt to penalize the Mechanic forusing such discretion but if he questions the decision,it should be adjusted between the Construction Man-ager and the Local Business Representative.

At the 1954 meeting of the International Execu-tive Board and the Manufacturers’ Labor Committee, itwas mutually agreed that:

The Executive Board believes that when ArticleIV, Par. 8, that states “NO restrictions shall be imposedas to methods, tools, or equipment used” was writtenin the Standard Agreement, neither party, at the time,had in mind lethal tools, therefore; we believe the


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members of the International Union have a perfectright to refuse to use explosive powered tools.

21. Cargo Masters 500 lbs. up to 1000 lbs.

All door assembly units must be removed be-fore installation of car.

Pre-wiring of Cargo Master to be limited to doorand ejector operation.

Ejector unit must be shipped separately.

The above conditions apply specifically to theCargo Master with a capacity of 500 lbs. to 1000 lbs.as manufactured by Guilbert, Inc., and are not to beapplied to the D/W provision of Article IV, Par. 3, Item3, of the Standard Agreement.

22. Procedure For One Man Pressure ReliefValve Test

At a meeting of the National Arbitration Com-mittee held on February 8, 1984, at the Sheraton BalHarbour, Bal Harbour, Florida, it was jointly agreedthat pressure relief valve test work may be performedby one Mechanic so long as the following procedure isfollowed:

Item 1. The elevator must be equipped with aquick release coupling to which a pressure gaugecould be connected.

Item 2. The Elevator Constructor Mechanic isto be supplied with a temporary run button (the cable


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is to be of a length which would permit the ElevatorConstructor to position himself outside of the machineroom or the hoistway while performing the test).

Item 3. With the elevator at the top floor, doorsclosed, shut off the main line disconnect.

Item 4. Disconnect one wire, which places theelevator on inspection, add one jumper on the direc-tional limit, one jumper on the final limit, and connectthe temporary run button to the appropriate terminals.

Item 5. Connect the pressure gauge to thequick release coupling.

Item 6. Put in the main line disconnect and po-sition yourself outside of the machine room and/orhoistway and using the temporary run button, run theelevator up against the stop ring until you observe(hear) the bypass valve open.

Item 7. After checking the pressure gauge theMechanic is to open the bottom hoistway door and ob-serve the cylinder and pipe for possible damage orleakage.

Item 8. If damage has occurred it will be re-paired in the normal manner using a repair crew.

Item 9. The car will then be restored to normalservice and observed as it runs the first few trips.


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Frank Christensen, General PresidentInternational Union of Elevator Constructors7154 Columbia Gateway DriveColumbia, MD 21046

Dear Mr. Christensen:

This is to confirm the understanding and agreementreached at the recent contract negotiations betweenNEBA and the Union.

It is understood and agreed that where a man hasworked for more than one company and has worked atleast 1750 hours entitles him to the minimum vacationpay guaranteed by Article XII. The obligation to payminimum Vacation Pay shall be prorated between allthe companies for whom the man worked based uponthe hours the man worked for each company. The de-termination regarding a proration shall be made as ofthe end of the Vacation year December 31.

Very truly yours,Rick Amarosa

AGREED:Frank Christensen


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At our recent contract negotiations the parties agreedthat effective July 9, 2017 as part of the CompanyManagement Training Program, the Company shallhave the right to work up to twelve (12) salaried non-bargaining unit employees per year as TemporaryHelpers for a total of three to eighteen months durationeach with no more than one working per local peryear; for which it shall pay $1800.00 per person to thelocal union and $180.00 per person to the Interna-tional Union. The International shall be notified as tothe names of the trainees and the location of their as-signments.




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This is to confirm the understanding and agreementreached at the recent contract negotiations betweenNEBA and the Union, that the International Union ofElevator Constructors will hold the Company harmlessin the event of administrative proceedings, arbitrationsor litigations involving the applicability and/or enforce-ment of Article III, Par. 4.




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MEMORANDUM OF AGREEMENT

This will confirm that during the negotiations for thecollective bargaining agreement between NEBA andthe IUEC to be effective July 9, 2017, the partiesagreed to the following:

a) In the event that the Company experiences diffi-culties with employee response to emergency over-time call-backs in any local office, the Company shallinform the local union and the local union shall cooper-ate with the Company in establishing a call-back sys-tem. In the event the Company and the local unioncannot agree on the establishment of the call-backsystem the Company and the IUEC shall establish acall-back system.

b) Employees on contract service shall be requiredto carry and use beepers or any other designatedcommunication devices that permit them to be con-tacted and informed of an emergency call while theemployee is on the way to work at the beginning of theworkday and while the employee is on the way homefrom work at the end of the workday.

AGREED:Rick Amarosa



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TRADE SECRET AGREEMENT

During the term of my employment with the Companyand thereafter, I will refrain from disclosing to otherpersons or entities, except with the Company’s con-sent and for the Company’s benefit during the courseof such employment, any trade secrets or confidentialinformation of the Company.

I will deliver to or leave with the Company all writtenand other materials containing The Company’s tradesecret, confidential, or proprietary information upontermination of my employment.

I acknowledge receipt of an executed copy of thisagreement

By:Employee signature Print name

Date

By:For the Company


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This will confirm the understanding reached during therecent contract negotiations concerning holidays thatfall on Saturday or Sunday and that are celebrated onFriday or Monday, respectively.

The Union agrees that the Employer has an obligationto provide contract service to some of its customers onthese Friday or Monday holidays. The Union furtheragrees that to provide such service it must requirecontract service employees to work on such days. It isagreed that the Employer shall have the right toschedule employees to work on such days in sufficientnumbers needed to perform such work. The Employeragrees that it will make every effort to consider the de-sires of its employees when employees are scheduledto work such days.




130

Dear Mr. Amarosa:

All new hires hired after July 8, 1997 will be classifiedas probationary Apprentices.

This is to confirm our understanding and agreementthat any individual with an industry date prior to July 9,1997, who is still a Helper as of the effective date ofour new agreement, will receive 70% of Mechanic’srate, plus fringe benefit and will remain at that rateuntil such time as he is qualified and meets the re-quirements as a fourth year Apprentice.


AGREED:Rick Amarosa


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This letter will confirm the transfer policy betweenthe primary and subprimary of the newly merged lo-cals will be as follows:

a) Each merged local becomes a subprimary of thelocal with which it was merged.

b) The current employees form the permanentbench in each subprimary and primary.

c) The current expense Agreement in each affectedlocal will remain in effect until replaced by a newexpense Agreement negotiated between NEBAand the IUEC.

d) An employee sent from the primary to the subpri-mary, or vice versa, on a temporary basis will bepaid expenses as required by his/her permanentbase expense Agreement.

e) An employee who is transferred on a permanentbasis from the primary to the subprimary, or viceversa, and this assignment does not require ahousehold move shall receive four (4) weeks perdiem from his/her old location expense Agree-ment, thereafter he/she is a permanent employeein the new location.

f) An employee who is transferred on a permanentbasis from the primary to the subprimary, or vice


132

versa, and does require a household move shallreceive six (6) weeks per diem from his/her old lo-cation expense Agreement, thereafter he/she is apermanent employee in the new location.

g) When a person on the bench is hired in the pri-mary and/or subprimary he/she shall be used inthe new location by application of paragraphs (d),(e), or (f) above.

h) When an employee is permanently transferred asoutlined in paragraphs (e) and (f) above, he/she isguaranteed a total of six (6) months employmentin the new location or he/she will be paid per diemfor the entire period less the per diem alreadypaid.

This provision (h) does not apply if the employeeis discharged for cause.




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LETTER OF UNDERSTANDING

The parties agree that no Local Joint ApprenticeshipCommittee may implement any rule that conflicts withany language of the Collective Bargaining Agreement.

For NEBA

Title

Date

For the Union

Title

Date


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This will confirm the understanding reached duringour recent negotiations concerning local unions thatmay be merged or dissolved by the InternationalUnion of Elevator Constructors (IUEC) after January 1,1992 and until the termination of the Agreement thatwill expire on July 8, 2022. NEBA agrees to meet anddiscuss the effects of such mergers on a local by localbasis. Such discussions shall include but are not lim-ited to hiring, expense agreements and open territorybetween the merged locals.

There shall be no change in any term or condition ofemployment under the Agreement or any local ex-pense agreement until such time as the parties reacha mutual agreement as to such changes.

It is further agreed that such discussions are tobegin as expeditiously as possible following the con-clusion of negotiations for a new Agreement.




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MERGEDLOCALS

Duetothewagedisparitycreatedbymergingthefollowinglocals,forthebenefitofboth

theEmployerandtheIUEC,wewillusethelanguageintheletterconfirmingthetrans-

ferpolicybetweenthePrimaryandSub-Primaryofthenewlymergedlocalscontained

inthisAgreement.Using

theincrease

schedulethatwehave

provided,paritywillbe

achievedforallofthemergedlocalswithintwo(2)years.

Percentage

1st

2nd

3rd

4th

5th

ReceivingMerged

of

Wage

Wage

Wage

Wage

Wage

Local

Local

Parity

Increase

Increase

Increase

Increase

Increase


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MEMORANDUM OF UNDERSTANDING

Except as otherwise agreed to by the parties, theterms of all agreements between the InternationalUnion of Elevator Constructors and/or its local Unionsand the National Elevator Bargaining Association andits member Companies, including but not limited tolocal expense and local option agreements, that are inexistence on the effective date of this Agreement shallcontinue in effect unless inconsistent with or super-seded by this Agreement in which case the terms ofthis Agreement prevail.


AGREED:Rick Amarosa


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ASSISTANT MECHANIC AGREEMENT

I agree to accept Assistant Mechanic status for twelve(12) months from the date of this agreement. The termsand conditions of employment as an Assistant Me-chanic have been agreed upon by the IUEC and myemployer and are contained in the NEBA-IUEC Agree-ment relating to Assistant Mechanics included in theamended collective bargaining agreement. The defini-tion of Assistant Mechanic Work and Qualifications arespecified in Article X of the NEBA-IUEC Agreement.

I understand that the wage rate for Assistant Mechanicshall be 80% of the wage rate for Mechanics in thelocal union where I am working.

It is understood that by signing this Agreement, thereis no guarantee of employment.

Should the terms of the Letter of Agreement for Assis-tant Mechanics be violated, this agreement will imme-diately become null and void.

Print Name:

Signed:

Date:

Company:

Signed:

Date:


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Local Union:

Business Representative:

Date:


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July 9, 2017


Re: Letter of Agreement


This memorandum details the agreement between theparties concerning potential conflicts posed whenevercustomers, as a precondition for securing contracts forthe Company, require background checks for employ-ees who will be working on the customer’s premises.

The Company agrees to the following whenever cus-tomers require background checks:

1. The Company shall seek volunteers to mansaid jobs.

2. The Company will not discipline, discharge orlay off employees solely due to their refusal tovolunteer. However, such employees may belaid off if there is not sufficient other work towhich they may be assigned.

3. The IUEC recognizes the importance of secur-ing adequate volunteers and will cooperatein efforts to secure them.

Implementation of this agreement and terms and con-ditions related thereto cannot be introduced or consid-


140

ered in any proceeding except one to enforce thisagreement.




141

MEMORANDUM OF UNDERSTANDING

When a pre-task safety document (e.g. Job HazardAnalysis (JHA), Job Safety Assessment (JSA) or simi-lar document) is required by the company, employeeswill not be permitted to re-use a previously completeddocument.


AGREED:Rick Amarosa



Re: Letter of Agreement

Dear Frank:

This memorandum details the agreement between theparties concerning potential conflicts between theCompany’s Alcohol and Drug Policy and those policiesprovided by customers as a precondition for securingcontracts for the Company.

The Company will continue its practice of applyinggood faith efforts to apply its own policy. Should theseefforts be unsuccessful and a customer insists on im-plementation of their own policy, the Company may in-stitute such policies to the extent necessary to obtainthe work.

Good faith efforts by the Company to avoid using thecustomer’s policy will include:

1. Advising the customer that the Company hasagreed with the IUEC to a comprehensive com-pany wide policy that addresses the mainte-nance of a safe and healthy work environmentfor its employees, and that it does not wish toapply any additional or different regulations.

2. If written confirmation of the company’s positionfails to change the customer’s position, theCompany will attempt to obtain customer ap-proval to as much of its policy as possible.

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3. If the customer insists on the complete substitu-tion of its policy for the Company’s policy, theCompany shall then seek volunteers to mansaid jobs.

4. The Company will not discipline, discharge orlay off employees solely due to their refusal tovolunteer. However, such employees may belaid off if there is not sufficient other work towhich they may be assigned.

5. The IUEC recognizes the importance of secur-ing adequate volunteers and will cooperate inassisting in efforts to secure them.

AGREED:Rick Amarosa

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SUBSTANCE ABUSE

Par. 1. In order to eliminate substance abusein the workplace; to assist employees with sub-stance abuse related illnesses, to have a safeworkplace and efficient work-force. Such Sub-stance Abuse Program shall be subject to theconditions set forth in this Article.

Par. 2. There shall be no random testing fordrugs or alcohol for any reason other than statedin Par. 6. An employee who refuses to submit torandom testing of any kind, for reasons other thanstated in Par. 6, shall not be disciplined, nor shallthat employee be refused access to the jobsite.

Par. 3. Testing may be performed on new-hireapplicants for employment as a condition of em-ployment prior to placing them on the payroll.The employer shall have the right to require adrug test for any referral for employment if suchreferral has not worked for that employer withinthe past three (3) months.

Testing will only include alcohol and the fol-lowing drugs:

Nine Panel Drug Test1. Cocaine (and its derivatives, including

crack cocaine).2. Cannabinoids (THC/marijuana, hash).3. Opiates (heroin, codeine, etc.).4. Amphetamine (including methampheta-

mine – central nervous system stimulants).

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5. Phencyclidine (PCP).6. Barbiturates7. Benzodiazepines8. Methadone9. Propoxyphene

Testing of referrals will be considered a part ofthe employer’s pre-employment process. The refer-ral will be employed while the employer is await-ing the return of the test results. If the test result ispositive, subject to Par. 5, the employer has no re-sponsibility to that referral and may terminate thereferral without consequence. However, said indi-vidual shall become eligible for employment in theindustry at such time that the individual complieswith a recognized rehabilitation or counseling pro-gram under this Substance Abuse Policy.

Par. 4. An employee may be tested whenprobable cause exists to believe that the em-ployee is impaired on the job. The Local UnionBusiness Manager or Agents will be notified bythe Employer within 72 hours after the em-ployee has been tested under (a) or (b) below.Probable cause will be deemed to exist underthe following circumstances:

(a) The employee’s conduct or actions indi-cating alleged impairment shall be ob-served by one supervisor on the jobsiteand confirmed by a second supervisorwhenever possible. The supervisor(s)shall record their observations in writ-

145


ing stating the date, time, length of ob-servation, jobsite and actions of the em-ployee which they believe constitutedrug or alcohol impairment. Such state-ments shall be signed; or

(b) A determination is made that the em-ployee’s conduct is symptomatic of alco-hol or drug impairment by an independ-ent physician or health care professionalqualified to make such a determination,following a consultation with the em-ployee. The physician or health careprofessional shall be of the Employer’schoosing and the cost of such consulta-tion and determination shall be borne bythe Employer if it is not covered by ap-plicable insurance; or

(c) Any employee involved in an accidentwhich results in professional medicaltreatment or damage to company prop-erty will be required to submit to a testfor the presence of alcohol or drugs.

Par. 5. An employee who is properly re-quested to undergo testing in accordance withthe minimum procedures set forth in Par. 4above shall be tested within 24 hours. The LocalUnion shall be notified of all positive test resultswithin 72 hours of the employer receiving the re-sults. If the employee refuses, the employee issubject to disciplinary action up to and including

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termination and the employee shall be deemedunqualified and barred from work within the in-dustry until such time the employee successfullycomplies with a recognized rehabilitation orcounseling program under Par. 6 of this section.

The Company must use a recognized and rep-utable concern for testing, with sufficient facili-ties and quality control features to ensure accu-racy in test diagnosis and the capability to storesamples. Chain of custody procedures must beobserved at all times. The Company will complywith any state laws concerning drug testing.

The results of the test of an employee who testspositive the first time must be confirmed bySAMHSA standards. For a positive, adulterated orsubstituted result reported on a single specimenor a primary specimen, the employee may requestthrough the MRO that the same specimen (or splitspecimen) be tested by a second authorized(SAMHSA certified) laboratory. The employeehas 72 hours (from the time the MRO notified theemployee that the specimen was reported posi-tive, adulterated or substituted to request a retestof the same specimen (or split specimen). If theindependent retest indicates a negative result, theEmployer may elect to retest the employee’s ini-tial sample. If the results are again negative, theemployee will be put back to work immediately(if he is off work) and made whole for any loss ofpay occasioned by the first positive test results.

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Par. 6. An employee whose final test resultsare positive (and who has not tested positivepreviously) will be referred to the Company’sMedical Review Officer, (see attachment) Em-ployee Assistance Program or some other rec-ognized and approved rehabilitation or counsel-ing program. The cost of such programs may beoffset by appropriate insurance coverage. Anyprogram whose cost is borne by the National El-evator Industry Health Benefit Plan shall bedeemed an acceptable program under this para-graph. If the employee enters such a program,his status as an employee will not be affected,except as provided for in Par. 3 above, and hewill be allowed access to the job under the con-ditions established by the program. An em-ployee who refuses a proper request to enter,participate in and successfully comply withsuch a program shall be deemed unqualified andbarred from returning to work within the indus-try. Employees may be disciplined, up to and in-cluding discharge, for subsequent positive testresults. Employees who test positive two (2)times, and have been discharged by the Em-ployer, shall be deemed unqualified and shallnot return to work within the industry untilhe/she has successfully complied with a sub-stance abuse program. Said individual, upon re-turning to work, may be randomly tested forsubstance abuse for a period of one year at theEmployer’s expense.

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Par. 7. Testing may be for drug or alcohol im-pairment only and not for any other medicalconditions. Neither the Company nor any med-ical or testing personnel shall disclose any infor-mation regarding the fact of testing or the re-sults of testing to any other employer or cus-tomer. All test results and related informationwill be given the same confidentiality as anyother medical information in the Company.

Par. 8. Any employee(s) who possesses, sells,transports or distributes illegal drugs or unau-thorized alcohol at a work site, on the companypremises, or on company time is subject to im-mediate discharge.

Par. 9. There shall be a mutually agreed upondesignated panel of five (5) permanent arbitra-tors assigned to this Policy. Any dispute regard-ing the application or construction of this Sub-stance Abuse Program, including the sections onRights of Employees and Medical Review Offi-cer, may be submitted to expedited binding arbi-tration by either the Union or the Employer.Such disputes will be reduced to a written griev-ance and may be submitted to the NEBA Execu-tive Director or his designee and the GeneralPresident of the Union or his designee for theirimmediate review and discussion by phone or inperson within ten (10) working days of the sub-mission. If the grievance is not resolved, it canbe submitted directly to expedited arbitration.

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Such cases will be heard by one of the arbitra-tors contained in the permanent panel. Arbitra-tors from the permanent panel will be selectedby mutual agreement or if there is no mutualagreement, by random selection.

This statement of principles shall apply to allemployees represented by the InternationalUnion of Elevator Constructors. Substanceabuse testing and treatment measures are appro-priate for all employer non-bargaining unit em-ployees as well, including company executivesand officers.

RIGHTS OF EMPLOYEES

a) Before requesting an employee to un-dergo drug or alcohol testing, the em-ployer shall provide the employee with aform on which to acknowledge that theemployee has seen the drug and alcoholtesting policy.

b) If an employee tests positive for drug oralcohol use, the employee must be givenwritten notice of the right to explain thepositive test and indicate any over-the-counter or prescription medication thatthe employee is currently taking or hasrecently taken and any other informa-tion relevant to the reliability of, or ex-planation for, a positive test.

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c) Within three (3) working days after no-tice of a positive initial test result theemployee may submit information to theMRO, in addition to any information al-ready submitted under paragraph (b), toexplain that result. Within three (3)working days after receiving final notifi-cation of a positive test result, an em-ployee who is the subject of a drug testmay, upon written request through theMRO, have access to any records relat-ing to his or her drug test.

d) An employee who tests positive willhave 72 hours following the date whichthe employee is notified of the test re-sult to advise the company, in writing, ofthe employee’s desire to request a retestof the original sample at the employee’sown expense. An employee who prop-erly requests in writing the records asstated above in (c), shall have 72 hoursfrom the date of receiving such re-quested information to request a retestof the original sample.

e) Unless a positive test result is confirmedas positive, it shall be deemed negativeand reported by the laboratory as such.

f) The employer will bear the costs of alltesting except for retests requested by em-ployees after an initial positive test result.

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g) Anytime an employee submits to a drugtest under the Substance Abuse Pro-gram of this Agreement at the request ofan employer, a copy of a positive test re-sult shall be confidentially delivered tothe employee no later than the end ofthe next business day after receipt of thetest results by the employer.

Refusal to test or provide an adequate samplewhen required by this policy shall constitute in-subordination and is a violation of this agree-ment.

Any specimen altered by the employee will beconsidered a positive test result and therefore a vi-olation of this policy. Any specimen altered by theemployer will be considered a negative test result.

MEDICAL REVIEW OFFICER

The Company will appoint a Medical ReviewOfficer (MRO) to administer this Policy. The re-sponsibilities of the MRO shall be to:

a) Select and utilize services of a testinglaboratory that meets one of the criteriafor drug testing established by SAMSHA.

b) Provide specimen test kits and collec-tion locations that follow chain of cus-tody collection techniques mandated bySAMSHA.

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c) Maintain appropriate systems, records,and administrative procedures to pro-vide participating employers with accu-rate and timely information as to thedrug and alcohol free status of employ-ees.

d) Ensure that the testing facility conductsboth an initial drug screen and a confir-mation test on specimens before report-ing positive results.

e) Notify the tested individual of a positiveresult and provide the individual with anopportunity to explain the reasons whytheir test might be positive.

f) Review and verify a confirmed positivetest result and process the donor’s re-quest for a confirmatory retest of theoriginal sample.

g) Review a participating employee’s med-ical record if so requested by the em-ployee.

h) Notify the employer’s contact person ofall test results, both positive and nega-tive, if required.

i) Refer individuals testing positive to theappropriate medical evaluation and par-ticipate in return to duty decisions as setforth in this Policy.

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j) Ensure the drug and alcohol policy andprogram complies with Federal, State,and local law.

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NEBA AGREEMENT - IUEC · NEBA AGREEMENT WITH INTERNATIONAL UNION of ELEVATOR CONSTRUCTORS July 9,...

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