Southern illinois sheetmetal contractors organization




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AGREEMENT

Between the

SHEETMETAL WORKERS

INTERNATIONAL ASSOCIATION

LOCAL 268

SOUTHERN ILLINOIS

And

SOUTHERN ILLINOIS

SHEETMETAL CONTRACTORS

ORGANIZATION



and

INDEPENDENT CONTRACTORS



Of

SOUTHERN ILLINOIS



July 1, 2012 – June 30, 2015

SHEET METAL WORKERS

INTERNATIONAL ASSOCIATION

LOCAL UNION 268

2701 NORTH 89TH STREET

CASEYVILLE, ILLINOIS 62232

(618) 397-1443

FAX (618) 397-3204


JURISDICTION


The territorial jurisdiction of Local 268 consists of thirty-six counties in Southern Illinois. Namely: Alexander, Bond, Clay, Clinton, Edwards, Effingham, Fayette, Franklin, Gallatin, Greene, Hamilton, Hardin, Jackson, Jasper, Jefferson, Jersey, Johnson, Macoupin, Madison, Marion, Massac, Monroe, Montgomery, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wabash, Washington, Wayne, White and Williamson.

MEMORANDUM OF AGREEMENT

This Agreement is entered into this lst day of July, 2012 by and between Southern Illinois Sheetmetal Contractors Organization and Independent Contractors hereinafter referred to as the Employer, and Local No. 268 of Sheet Metal Workers International Association, hereinafter referred to as the Union for Southern Illinois.



ARTICLE I

SECTION 1. This Agreement covers the rates of pay and conditions of employment of all employees of the Employer engaged in but not limited to the (a) manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous or non-ferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air-veyor systems, exhaust systems and air handling systems regardless of material used including the setting of all equipment and all reinforcements in connection therewith; (b) all lagging over insulation and all duct lining; (c) testing and balancing of all air-handling equipment and duct work; (d) the preparation of all shop and field sketches used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches and (e) all other work included in the jurisdictional claims of Sheet Metal Workers’ International Association.



ARTICLE II

SECTION 1. No Employer shall subcontract or assign any of the work described herein which is to be performed at a job site to any contractor, sub-contractor or other person or party who fails to agree in writing to comply with the conditions of employment contained herein including, without limitations, those relating to union security, rates of pay and working conditions, hiring and other matters covered hereby for the duration of the project.


SECTION 2. Subject to other applicable provisions of this Agreement, the Employer agrees that when subcontracting for prefabrication of materials covered herein, such prefabrication shall be subcontracted to fabricators who pay their employees engaged in such fabrication not less than the prevailing wage for comparable sheet metal fabrication, as established under the provisions of this Agreement.



ARTICLE III

SECTION 1. The Employer agrees that none but journeymen, apprentice and preapprentice sheet metal workers shall be employed on any work described in Article 1 and, further, for the purpose of proving jurisdiction, agrees to provide the Union with written evidence of assignment on the Employer’s letterhead for certain specified items of work to be performed at a jobsite prior to commencement of work at the site. List of such specific items, which may be revised from time to time, as agreed to by and between SMACNA and SMWIA, shall be provided to the Employer.


SECTION 2. Each Employer covered by this Agreement doing commercial or industrial projects, shall employ at least (1) journeyman sheet metal worker on a full time basis who is not a member of the firm and pay a minimum of 1,600 hours per year into all fringe benefit funds listed in Articles VIII, XI, XII, XIII, XIV and XV. In those cases where relief has been granted by the union to allow the owner, partner, or shareholder to act as meeting the above requirement of at least one (1) journeyman sheet metal worker, a minimum of 1,600 hours per year must be contributed into all fringe benefit funds as listed in Articles VIII, XI, XII, XIII, XIV and XV on that individual. Contractors signatory to any collective bargaining agreement with Sheet Metal Workers Local 268 prior to July 1, 1988 are exempt from the 1,600 hour minimum payment requirement.



Contractors doing commercial or industrial projects shall hire a minimum of one journeyman, who is not a member of the firm, for the duration of the job.


ARTICLE IV

SECTION 1. The Union agrees to furnish upon request by the Employer, duly qualified journeymen, apprentice and preapprentice sheet metal workers in sufficient numbers as may be necessary to properly execute work contracted for by the Employer in the manner and under the conditions specified in this Agreement.

SECTION 2 (a). As a condition of employment and referral all employees working under the terms of this agreement must successfully complete and pass at a minimum, the 30 hour OSHA training program. The aforementioned 30 hour program shall be at no cost to the employer and shall not interfere with the regular work day. Any employee without a valid 30 hour OSHA card cannot be dispatched or employed under the terms of this agreement. A grace period (up to the next scheduled classes not to exceed six months) to obtain the above training may be granted by the Business Manager.
(b) As a condition of employment and referral, all employees working under the terms of this agreement must submit to Local 268’s substance abuse testing program. No employee will be excused from the testing at any time. Any employee with a non-current, not available and/or any status otherwise removing them from workforce eligibility as per the current substance abuse testing program in effect, cannot be dispatched or employed under the terms of this agreement. Notification of the aforementioned status shall be provided to the Employer and Employee by traceable means of communication. Local 268 shall fund the substance abuse testing program. Employee(s) shall be granted time away from the workplace necessary to comply with the substance abuse testing program at no cost to the Employer.

Contractor(s) requesting additional and/or on site testing shall pay for any additional expenses in addition to the employee being duly compensated for his/her time incurred for said additional testing as described in Articles VI and VII of this agreement.


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