OREGON LABORERS MASTER LABOR AGREEMENT 2016 - 2021 - AGC Oregon-Columbia Chapter
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2016 - 2021
LABORERS
Heavy/Highway, Building and Utility
MASTER LABOR AGREEMENT
Covering
OREGON
Between
Oregon-Columbia Chapter
The Associated General Contractors of America
And
The Oregon and Southern Idaho District Council of Laborers
OREGON LABORERS
2016 - 2021 MLA INDEX
Article Title
Preamble 1
Articles of Agreement
1 Definitions 1
2 Purposes of this Agreement 2
3 Territory 2
4 Work Affected Defined 2
5 Effective Date — Duration — Modification 3
No Strike, No Lockout Provisions 4
Termination of Agreement 4
6 Craft Jurisdiction 4
7 Subcontractors and Other Employers 4
Non-Signatory Subcontractors 4
MBE-WBE Subcontractors 5
Vendors 5
8 Mutual Recognition and Union Membership 5
Non-payment of Dues 5
Hiring
9 6
Government Requirements 6
Notification to Local Union 6
Americans with Disabilities Act (ADA) 6
Pre-Job Conference 6
AGC-OR Laborers 2016-2021 MLA Index Page 1Composite Crew 7
Request for Key Personnel 7
Transfer of Specialty Workers 7
Hiring from Four (4) Groups/Lists 7
Ratio of Apprentices to Journeymen 8
Registration of Applicants 9
Dispatching 10
Union Unable to Refer 10
Joint Hiring Committee 10
"Not Eligible for Rehire” 11
10 Shifts — Hours of Work — Overtime 11
Hours of Work — Overtime 11
Workweek 11
Four-Ten Hour Shifts 11
Make-Up Day 12
Federally Funded Work (Overtime) 12
Single Shift — Heavy Highway 12
Single Shift — Building 12
Two Shift Operation 12
Three Shift Operation 13
Special Shifts 13
Lunch Period 13
Rest Period 14
AGC-OR Laborers 2016-2021 MLA Index Page 2Servicing/Repair of Equipment 14
Non-production Personnel 14
Emergency Work 14
Special Operations 14
11 Reporting Pay, Minimum Pay and Standby Pay 14
Immigration Reform and Control Act 14
Reporting Expense 14
Minimum Pay 14
Rain Sensitive Work (Standby) 15
Call Back 15
12 Non-Recurring Work 15
13 Holidays 16
14 Payday 16
Protests/Claims/Adjustments 16
15 Wage Scales 17
Old Work Protection 17
Monetary Increases 17
16 Transportation — Camp Requirements 17
Travel Time 17
Toll Fees — Bridges/Ferries 18
Jobsite Transportation 18
17 Health and Safety 18
Drug & Alcohol Testing 18
18 Health and Welfare 19
AGC-OR Laborers 2016-2021 MLA Index Page 319 Pension 19
20 Training 20
Training for Journeymen 21
Special Needs Training 21
Foreman Training 21
Foreman Premium 21
21 Trustee Qualification Criteria 21
22 Reciprocity 22
23 Contract Administration Fund (CAF) 22
25
26 24 Laborers — Employers Cooperation &
Education Trust 22
25 Safety-Sanitation 23
26 Government Requirements 23
27 Public Works Wages 23
28 Authorization 24
29 Strikes and Lockouts 24
No cessation of work 24
Unauthorized pickets 24
30 Jurisdictional Disputes 25
31 Settlement of Non-Jurisdictional Disputes 25
Grievance Procedure 25
Board of Adjustment 26
Arbitration 26
32 Joint Laborers Industry Board 27
AGC-OR Laborers 2016-2021 MLA Index Page 433 Union Admission to Job 27
34 Union Dues Deduction 28
35 Special Agreements 28
36 Mutual Guarantee 28
37 Adoption of Addendum 29
38 Saving Clause 29
39 Guarantee of Authority 30
Signatures 30
SCHEDULE “A”
Summary 31
Special Conditions 32
Wage and Fringe Benefits Scales 33
Special Notes 38
38
Apprenticeship Notes
Apprenticeship Training Program 38
New Entry Rates (Percentages) 38
Apprenticeship Rates 38
Classifications 39
Foreman Premium 42
Zone Pay Differential 42
Definitions 43
General 43
Sewers, Water & Gas Lines, Telephone,
& Electric Underground 44
AGC-OR Laborers 2016-2021 MLA Index Page 5Manhole Excavation & Construction 44
Tunnels 44
Cofferdam Work 44
Compressed Air Work Projects
Wage Rates and Conditions 44
Schedule “B”
List of Signatory Contractors 45
Schedule “C”
List of Signatory Local Unions 46
Trust Fund Office Addresses 46
Separation Slip 47
ADDENDUM AGREEMENTS
(Under Separate Cover)
Drug & Alcohol Policy — Amended 5/2/2015
AGC-OR Laborers 2016-2021 MLA Index Page 6PREAMBLE
ARTICLES OF AGREEMENT
This Agreement, made and entered into as of the 1st day of June, 2016 for the period June 1, 2016 to
May 31, 2021 by and between certain members of the Oregon Columbia Chapter of the Associated
General Contractors of America (AGC), whose names are set forth in Schedule "B", and referred to as
the Employer or Contractor.
and
The Oregon and Southern Idaho District Council of Laborers, for themselves and on behalf of the local
unions whose names are set forth in Schedule "C" or any supplement thereto and hereinafter referred
to as the 'Union".
For purposes of this Agreement, the Associated General Contractors is not acting as a multi-employer
bargaining agent in a single multi-employer unit, but is acting for and on behalf of the Employers who
have individually requested the Associated General Contractors to act as their individual and separate
bargaining agent in individual Employer units.
The Agreement constitutes a continuation and extension of the contractual relationship heretofore
existing between the Contractor, the AGC, and the Union as evidenced by prior labor agreements
between the AGC and the Union.
ARTICLE 1
DEFINITIONS
A. Association. The term "Association" as used herein shall mean the Oregon Columbia Chapter,
The Associated General Contractors of America.
B. Employer. The term "Employer" as used herein shall mean the members of the Association
whose names are set forth in Schedule "B" or any supplements thereto and employers who are not
members of the Association but who have subscribed to terms and conditions of this Agreement.
C. Employee. The term "Employee" as used herein shall mean any person, without regard to age,
race, creed, color, sex or national origin who is employed under the terms of this Agreement by an
Employer.
D. Worker. The term "Worker" as used herein shall mean any person without regard to age, race,
creed, color, sex or national origin who is in the labor market.
E. Union. The term "Union" as used herein shall mean the Oregon and Southern Idaho District
Council of Laborers, representing and acting for all their local unions whose names are set forth in
Schedule 'C" or any supplements thereto.
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AGC-OR Laborers 2016-2021 MLAF. Apprentice. The term "Apprentice" as used herein, shall mean any person who is actively
enrolled in a state-approved joint apprenticeship program designed to achieve off-site proficiency and
on-site productivity so as to permit a person to meet the minimum uniform competency standards of
a qualified Journeyman Laborer. Shall consist of individuals who are registered with the Oregon and
Southern Idaho Laborers joint apprenticeship training subcommittee (JATC) and have been qualified
by the JATC. Such individuals shall register at the training office and be approved by the
subcommittee.
ARTICLE 2
PURPOSES OF THIS AGREEMENT
The purposes of this Agreement are to promote the settlement of labor disagreements by conference,
in accordance with Article 32 Jurisdictional Disputes and Article 33 Settlement of Non-Jurisdictional
Disputes procedures, to prevent strikes and lockouts, to prevent avoidable delays and expense. Both
parties pledge their efforts to these purposes.
ARTICLE 3
TERRITORY
This Agreement shall cover the entire State of Oregon.
ARTICLE 4
WORK AFFECTED DEFINED
4.1 This Agreement shall cover and apply to all on site activities of the Employer in the area and
territory named in Article 3. This Agreement shall also cover and apply to all subcontractors of the
Employer at whatever tier in the area and territory named in Article 3, subject to and in accordance
with the provisions of Article 7, titled "Subcontractors and Other Employers".
To clarify the scope of this Labor Agreement and to thereby avoid future misunderstandings, highway
and heavy construction work is defined as including but not limited to the following: construction of
roads, streets, highways, alleys, sidewalks, guard rails, fences, parkways, parking areas, athletic fields,
airports, railroads, railways, bridges, overpasses, underpasses, grade separations, grade crossings,
track elevations, elevated highways, sewers, water mains, foundations, pile driving, sanitation
projects, irrigation projects, flood control projects, reclamation projects, reservoirs, dams, dikes,
levees, revetments, channels, aqueducts, channel-cutoffs, jetties, breakwaters, harbor developments,
docks, piers, abutments, retaining walls, transmission lines, pipelines, duct lines, subways, shafts,
tunnels, excavation of earth and rock, clearing and grubbing, land leveling, quarrying, grading and
paving, airport grading, electric telephone and TV cable transmission lines, (both above and below
ground), (opened ditch and/or plowed), all common ditches, locks, drilling, demolition and site
clearing, industrial plant construction other than building construction as defined below, including
operation, maintenance and/or repair of land and floating plant equipment, vehicles and other
facilities used in connection with the described work and services, including but not limited to by
inference or otherwise is work relating to off shore drilling and pipelines, handling of ammunitions,
loading and unloading of trucks, railcars, planes, barges and ships, and all other work of similar nature.
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AGC-OR Laborers 2016-2021 MLA4.2 Building construction is defined as construction of any building structure, including modifications
thereof or additions or repairs thereto, intended for use for shelter, protection, comfort, and
convenience.
The building conditions of the Agreement shall apply to the construction of all buildings starting with
footings and/or foundation walls.
The building conditions of this Agreement shall not apply to the construction, repair, alterations or
razing of any buildings incidental to heavy, highway, or utility construction projects as described in
Section 4.1 above, except the construction of permanent residential housing constructed at the site of
these projects.
4.3 In the event of any disagreement between the parties hereto as to the proper classification of any
project, said dispute shall be resolved under the Settlement of Disputes procedure of this Agreement.
4.4a It is expressly understood and agreed by all parties hereto that the Association does not purport
to represent through this Agreement any individual, firm or corporation engaged in a commercial
operation of material processing and supplying, therefore, such commercial operations of material
processing and supplying to and including the first drop at the job site, are specifically excluded from
coverage of this Agreement. If the first drop at the job site includes the distribution of material to
numerous locations in the close proximity of the point of installation and the distribution work
described is assigned to the building trades, it is understood the Laborers lay claim to this work.
4.4b It is further agreed, however, that where and when operations of material processing are
established at the direction of the Employer as a part of the construction contract for the purpose of
supplying materials to the Employer for his construction work, such operations shall be covered by
this Agreement in accordance with this Article. It is also expressly understood and agreed that this
Agreement shall apply in accordance with this Article to the operation of quarries, sand and gravel
plants, pre-cast and pre-stress plants, asphalt plants, ready-mix concrete or batch plants established
by an Employer or subcontractor to process or supply material for the Employer or when any such
operation is established primarily to supply materials to the Employer.
4.5 This Agreement covers all work described in this Article performed by the Employer, its successors,
and/or assigns.
4.6 Craft jurisdiction is neither determined nor awarded by classification or scope of work coverage in
any AGC Labor Agreement.
ARTICLE 5
EFFECTIVE DATE-DURATION-MODIFICATION
5.1 When executed by parties hereto, the terms and conditions of this Agreement shall become
effective June 1, 2016 and shall remain in full force and effect through May 31, 2021. The "no-strike,
no-lockout" provisions of the Agreement shall remain in full force and effect during the entire five (5)
year duration of this Agreement. The monetary considerations, i.e. wages, fringe benefits, etc., shall
be as set forth in Schedule "A" for rates to be effective June 1, 2016.
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AGC-OR Laborers 2016-2021 MLA5.2 Any party hereto desiring termination or modification of the Agreement to take effect June 1,
2021, must serve, by Certified or Express Mail written notice to the other of a desire to change,
amend, modify or terminate this Agreement on or before March 1, 2021. If no such written notice is
given, this Agreement shall continue in full force and effect from year to year. It is agreed that in the
event that either party should exercise its rights under this paragraph to amend or modify, the parties
will, for a period of ninety (90) days prior to the expiration of the Agreement, bargain exclusively with
each other with respect to all wage rates, working conditions and hours of employment for the work
herein covered.
If no Agreement has been entered into at the expiration of said ninety (90) day period, this Agreement
shall continue in full force and effect until a new Agreement is reached or either party notifies the
other by Certified or Express Mail of termination. If such termination notice is given, its effective date
must be more than twenty-four (24) hours after the other party receives such notification.
5.3 The parties further agree that during any contract year when this Agreement is opened for the
sole purpose of negotiating wages and fringe benefits, all of the other provisions of this Agreement,
including specifically the "no strike, no lock-out" provision shall remain in full force and effect. Should
the parties reach impasse, it is mutually agreed the parties will jointly contact and accept the services
of an arbitrator from the Federal Mediation and Conciliation Services, the America Arbitration
Association, or the Arbitration Service of Portland.
ARTICLE 6
CRAFT JURISDICTION
The work covered by this Agreement shall be that which is recognized as properly coming under the
jurisdiction of the Laborers' International Union of North America. (See Article 30 - Jurisdictional
Disputes).
ARTICLE 7
SUBCONTRACTORS AND OTHER EMPLOYERS
7.1a A subcontractor is one who takes over any part or a complete section of a general contract,
including both the furnishing of materials for and the performance of labor on the job, or the
performance of labor only. No Employer or joint venture covered by the terms and conditions of this
Agreement shall subcontract any job-site work to a subcontractor or employer who is not signatory to
this Labor Agreement except as provided below. The Employer or joint venture shall be held
responsible for the payment of Wages, Travel Pay, Pension, Health and Welfare, Dues Deduction,
Training, and Contract Administration Fund (CAF) incurred by the subcontractor and shall see that the
subcontractor adheres to the working conditions, except as provided below.
7.1b Section 7.1a shall not be operative when potential union subcontractors are not available. When
a subcontractor is not signatory to a labor agreement, there shall be a pre-job conference between
the Local Union, a representative of the District Council, the Contractor, the subcontractor and the
Association if affected. The parties will attempt to reach agreement regarding this section before the
subcontractor performs any work on the project.
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AGC-OR Laborers 2016-2021 MLA7.1c in order to comply with this Article, the Union may make available an agreement for the duration
of the project or subcontract to cover only the subcontracted work.
7.2 In the event an Employer is unable to find qualified competitive union Minority Business
Enterprises-Woman Business Enterprises (MBE-WBE) subcontractors when the
Employer is obligated to satisfy MBE-WBE recruiting requirements, the Union and the Employer shall
waive this Article provided the applicable portions of Sections 7.1b, 7.1c, or 7.3 are complied with by
the Employer and the Union.
7.3 Where the general contractor receives bids that show the non-union subcontractor five percent
(5%) or more lower than the union subcontractor, the Employer and the Union shall waive this Article,
provided however the pre-job conference referred to in 7.1b above is utilized. The Union and the
Employer shall review the prices submitted before signing the non-signatory subcontractor.
7.4 A vendor, who makes delivery of materials, supplies or equipment and who, incidental to or as
part of the furnishing or delivery of material, supplies, or equipment, does any work at the job-site,
shall be a party to a collective bargaining agreement with the Union, containing the full terms of this
Agreement. In the event a vendor is not a party to such an agreement, he/she shall not perform any
job-site work except that deliveries may be made by such vendor to job-site.
ARTICLE 8
MUTUAL RECOGNITION AND UNION MEMBERSHIP
8.1 The Association recognizes the Union as the sole collective bargaining agent for all workers and
employees falling within the jurisdiction of this Agreement and the Union recognizes the Association
as the sole bargaining agent for its members as listed on Schedule "B" hereof and supplements
thereto. The jurisdiction of this Agreement shall not include employees of the Employer as defined
and excluded by the Labor Management Relations Act of 1947, as amended, or their transportation (it
is further understood that the employees so listed as excluded from this Agreement shall not be
employed to use the tools of the craft or to perform the work covered by this Agreement).
8.2 All employees employed by the Employer to perform work within the properly determined craft
jurisdiction of the Union involved shall become members of such Union not later than the eighth day
following the beginning of such employment or since the inception of this Agreement, and thereafter
shall maintain membership in good standing in said Union as a condition of employment subject,
however, to the provisions of Sections 8.3 and 8.4 of this Article.
8.3 The Union accepts all obligations for the continued membership of its members as provided in
Section 8.2 of this Article, and for the collection of their initiation fees and dues. There shall be no
stoppage or slow-up of work because of disciplinary action on the part of the Union, except that the
Union shall have the right -to require the removal of employees for failure to pay or tender initiation
fees and dues as required by this Agreement.
8.4 All requests by the Union for removal of an employee for nonpayment of or failure to tender
initiation fees and dues shall be made to the contractor in writing, in which event, the Employer
agrees to remove the employee involved at the end of the shift providing a replacement is available.
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AGC-OR Laborers 2016-2021 MLAARTICLE 9
HIRING
9.1a There shall be no unlawful discrimination by the Employer or the Union with respect to the
hiring, tenure, or discharge of any worker or employee, and any requirements as to membership or
non-membership in any union shall be in accordance with the National Labor Relations Act of 1947 as
amended, and the appropriate Executive Orders.
9.1b The Employer and the Union recognize that they are required by law not to discriminate against
any person with regard to employment or Union membership because of age, race, religion, color, sex,
national origin, or ancestry and hereby declare their acceptance and support of such laws. This shall
apply to hiring, registration for employment, placement for employment, rates of pay or other forms
of compensation, layoff or termination, and application for admission to Union membership.
9.1c The Employer and the Union recognize that an Employer should not lose jobs because of
Government requirements which are in conflict with the hiring hall. Therefore, when a government
contract or Government Agency requires a different hiring hall arrangement to meet Federal or State
requirements, the hiring hall arrangement will be modified to meet the demands of those
requirements. It is understood that the hiring hall will be followed as closely as possible without being
in conflict with the Government requirements.
9.1d The Employer will notify the Union in advance of the commencement of the job of the
Government requirements, and upon request will provide the Union with a copy of pertinent
provisions.
9.1e Americans with Disabilities Act (ADA). The parties to this Agreement recognize the mandate to
accommodate the disabled and agree that, other provisions of the Agreement notwithstanding, the
Contractor may take reasonable actions as necessary to accommodate an individual who is or may be
disabled. The Union agrees that it will conduct the affairs of its operations consistent with the
requirements of the Americans with Disabilities Act.
It is also further understood and agreed that this section is not intended to create jobs where none
exist.
9.2 Employees covered by this Agreement have certain accrued rights or benefits for themselves and
their dependents under Health and Welfare and Pension plans which accrue to them by virtue of
length of employment with Employers party to this Agreement, and such rights are generally
continuous while under employment and remain effective until a certain period of time after lay-off or
discharge.
9.3a It is recognized within the construction industry that the Union affords the prime source of
qualified Laborers. The Employer must hire qualified Laborers by calling the Union and receive a
dispatch from the hall in the jurisdiction where the work is performed. Whenever the Employer
requires Laborers on any job, he/she must notify the Local Union office by telephone stating the
location, starting time, approximate duration of the job, the type of equipment to be operated and
the work to be performed and the number of Laborers required.
9.3b Pre-Job Conference
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AGC-OR Laborers 2016-2021 MLAUpon request by the union or employer a pre-job conference shall be held regarding any project on
which the employer anticipates one (1) or more employees will be employed. However, if an employer
conducts a pre-job conference with any other craft on work that will employ one (1) or more
employees the union will be notified. Such pre-job conference shall be held at AGC or at a location on
or near the project.
9.3c Composite Crew. Employers may establish for a project or job a crew or crews known as a
"composite" which shall consist of the required crafts in such proportions as are respective to the type
of work to be performed. In performing work, the “composite crew" shall be allowed relaxation from
strict craft jurisdiction, provided the employees from each craft are assigned to their crafts jurisdiction
as far as practical and possible, but not inconsistent with the provision of this agreement.
The aforementioned provision shall first be arranged at a pre-job conference or subsequent meetings
of the employer and crafts involved. Any disagreement over this provision may be appealed to the
chief representatives of the respective five crafts and AGC. If a pre-job conference is not held between
the employer and the involved crafts, the "composite crew" provisions will not exist.
9.4a Key Workers. Any Joint Venture shall have the rights of any of its component individual
Employers, and any reorganized company shall retain the privileges of its former position under this
Section.
The individual Employer shall have the right to request key workers on specialty crews (such as tunnel,
fencing, guard rail, paving, concrete laborer) and other workers represented by this Agreement by
name who have been previously employed by said Employer as a Laborer within the last forty-eight
(48) months under the jurisdictional territory of the District Council of Laborers provided said worker
is registered at the Union hall and not on the payroll of another Employer. Workers hired under this
9.7, except specialty crews as noted above, shall not constitute more than fifty percent (50%) of the
Laborers employed on each project.
9.4b The Employer and the Union shall mutually agree on a reasonable number of workers to be
brought into the territorial jurisdiction of the Local Union for each job and such workers may be
employed without reference to the hiring provisions of Article 9 and such workers shall register with
the Local Union.
9.4c Notwithstanding 9.4a above, the individual Employer shall have the right to request any laborer
who was employed by said Employer as a laborer on work within the jurisdiction of a Local Union.
9.4d in addition, the Employer may request fifty percent (50%) of his Journey Person crew by name
from the "A" list regardless of his position. This must be confirmed in writing, prior to any dispatching
in order to verify percentage of crew.
9.4e in addition, by mutual consent of the Employer and the Local Union representative, the Employer
shall have the right to select a limited number (up to three) of journey level Laborers from any work
list per calendar year and stated as a result of a pre-job conference. The Employer will be required to
provide a written request from the principal of the company to the Local Union. Additional requests
may be honored by mutual agreement between the Employer and the Business Manager of the Local
Union.
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AGC-OR Laborers 2016-2021 MLA9.5 All Laborers, except as noted in Section 9.4 of this Article, shall be hired and/or rehired in
accordance with length of service with Employers in the collective bargaining unit from the following
four (4) groups/lists:
"A" List. Laborers who have been employed by an Employer or Employers, party or parties to this
agreement or under the terms of construction agreements of the Oregon and Southern Idaho District
Council of Laborers. (as hereinafter defined), who have worked for any such Employer or Employers
for an aggregate time of at least four thousand (4,000) hours during the period of eight (8) years
immediately preceding the registration date on the out-of-work list.; In order to maintain "A" List
status, all Laborers must meet the following criteria by January 1, 2015:
1) Completed OSHA 10;
2) Have a valid certified rigging and signaling card (except flagger);
3) Adhere to the Oregon Laborers' Code of Ethics approved by the Oregon and Southern Idaho
District Council of Laborers; and
4) Complete sixteen (16) hours of training in the previous twenty-four (24) months or work a
minimum of 1,000 hours in the previous calendar year. Continual training hours and classes will be set
by Oregon Laborers Training or other approved training.
“B” List. Shall consist of all Laborers who have previously qualified for “C” list status under the terms
of this agreement, and who have worked at least 200 hours under the terms of construction
agreements of the Oregon and Southern Idaho District Council of Laborers.
Laborers on the "B" List shall only be employed when there are no more qualified "A" List members
and/or apprentices available, except as provided in Article 9.4(a), 9.4(b), 9.4(c),9.4 (d) and 9.4(e)
"C" List. All other applicant Laborers for employment. The Employers and the Union shall make up and
prepare the roster for preference of rehire by grouping all Laborers who come within the above groups
and shall utilize the Health and Welfare and Pension records in establishing these accrued rights based
on length of employment. The registrant shall have the burden of providing his past experience and
skills to the hiring hall
“Apprentice” List. Unless agreed by mutual agreement, the number of apprentices shall not exceed
the ratios established below:
*** (All ratio changes subject to BOLI approval) ***
When utilizing the hiring hall, employers shall hire apprentices in the ratios outlined below starting
with the first Laborer hired.
One (1) Apprentice after the first journeyperson 1:1 Ratio
Second Apprentice after three (3) more journey persons, but at a minimum employ (1) apprentice if
available when they employ three (3) or more Journey persons 1:3 Ratio.
Unless agreed by mutual agreement, the number of apprentices shall not exceed the ratios established
below:
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AGC-OR Laborers 2016-2021 MLAOne (1) Apprentice after the first journeyperson (1: 1 Ratio)
Additional apprentices may be dispatched at 1:3 Ratio
(1:3 Ratio)
The same ratios will be maintained when reductions in the work force occur.
"Employers" under this Article means:
(1) any Employer party to this Agreement, or
(2) any Employer who employs Laborers under the terms of this Agreement and is a contributing
Employer within the meaning of the Health and Welfare and Pension Plans.
Apprentices, who register with the Oregon JATC and do not complete the program, will be denied the
use of hiring halls within the District Council for a period of 12 months from the date of their
termination from the program. Hours worked during their apprenticeship will not count towards any
list status with the union.
9.6 Registration or re-registration of applicants for referral shall be accepted by the Union at any time
during its customary office hours. All applicants shall be registered in the order of time and date of
registration. To remain on the registration list, an applicant for referral must renew his registration not
later than thirty (30) days from the date of his last registration or re-registration. Applicants who do
not re-register within thirty (30) days shall be dropped from the out-of-work list and, at such time they
do re-register, must do so at the bottom of the appropriate list. There shall Four (4) groupings of the
out-of-work list. All Laborers with accrued rights and qualifications shall be registered in either "A" List
or "B" List, Apprentice List, all other Laborers without accrued rights shall be registered in "C" List.
Each applicant for employment shall be required to furnish such data, records, names of Employers
and length of employment and licenses as may be deemed necessary, and each applicant shall
complete such forms or registration as shall be submitted to him.
9.7a Upon the request of an Employer for employees, the Union shall refer qualified Laborers, based
on job skills and job requirements, to that Employer in sufficient number required by the Employer in
the manner and under the conditions specified in this Agreement from the list in the following order
of referral:
Applicants shall be referred from the "A" List in successive order as their names appear on the
out-of-work list, and, when the "A" List has been exhausted.
2. Then, Apprentice list applicants may be dispatched in successive order as their names appear
on the out of work list. When the Ratio of Journeyman to apprentice allows (1:1) Ratio then additional
apprentices at (1:3) Ratio.
3. Then, applicants from the ' B" List in successive order as their names appear on the out-of-work
list, and, when the "B" List has been exhausted.
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AGC-OR Laborers 2016-2021 MLA4. Then, applicants from the "C" List in successive order as their names appear on the out-of-work
list.
9.7b All dispatching will be done by telephone and availability is required by applicants between the
hours of 8am and 4pm, Monday through Friday. It shall be the applicant's responsibility to maintain a
current telephone number and contact information with the Local Union dispatch office. In the event
of non-contact or a bad phone number, the Local Union reserves the right to make written contact
with the applicant and if there is no response within five (5) working days, the applicant shall be
removed from the list.
9.7c Any applicant who is dispatched from the hiring hall in which work is provided must re-register at
the bottom of the appropriate list, for his group, unless Employer submits request as a "short call"
work order request for up to five (5) days (consecutive or nonconsecutively only. If Employer submits
request for five (5) day's work, the applicant after the fifth (5th ) day will retain his position on the
appropriate list for his group. Applicants who work over five (5) days must re-register at the bottom of
the appropriate list. If the applicant takes any action within the first five (5) days of employment
designed to manipulate this provision of the job rules, such as a voluntary quitting or requesting to be
laid off or discharged from the job to which he/she has been dispatched, he/she will be placed at the
bottom of that list.
9.7d Any applicant who turns down or is unavailable by telephone for two (2) consecutive job
referrals, for which such applicant is qualified, shall be automatically reregistered at the bottom of the
appropriate list for his/her group. It shall be the applicant's responsibility to maintain a current list of
job classifications and skills for which he is qualified.
If applicant accepts a job referral from the Union and does not accept the job, he/she shall be re-
registered at the bottom of the appropriate list.
9.7e Should the Union be unable to refer qualified workers for employment to the Employer within
twenty-four (24) hours from the time of receiving the Employer's request (Saturdays, Sundays and
Holidays excepted) or at the time mutually agreed upon at time of request, or if a worker fails to
report to the job site in the agreed time, the Employer shall be free to secure the workers from any
source. The Employer shall notify the Local Union promptly of the names, social security numbers and
the date of hire of such employees.
9.7f Any employee employed by the Employer in violation of this Article shall forfeit all priority rights,
including Section 9.4 of this Article, shall be removed from the job and reregistered at the bottom of
the appropriate list for his group. Should the Employer fail to terminate such employee after receipt of
written notice, the Union may take any economic action against the Employer and shall not be in
violation of this Agreement.
9.8 The parties to this Agreement shall create a Joint Hiring Committee, composed of an equal
number (not to exceed three (3) each) of Employer and Union representatives, to supervise and
control the operation of the job referral system herein. The Joint Hiring Committee is empowered to
hear and determine any and all disputes or grievances arising out of this Article and is also
empowered to impose remedies. Any applicant or registrant shall have a right of appeal of any dispute
or grievance arising out of and related to the operation or functioning of the job referral plan to the
Joint Hiring Committee.
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AGC-OR Laborers 2016-2021 MLAAll decisions of the Joint Hiring Committee shall be final and binding on all parties including applicants.
9.9 The Employer shall be the sole judge of a worker's qualifications and may discharge any employee
for cause, which shall be stated on the standard separation slip (attached to this Agreement).
Whenever an employee is discharged and is not eligible for rehire, it shall be so stated on the standard
separation slip.
9.10 Whenever an employee is discharged for cause, including failure to pass a substance abuse test,
not able to perform the assigned work due to lack of skills or as unsatisfactory, the Employer agrees to
send a separation slip to the Union stating the reasons for termination. If no notice of cause is
provided, the individual shall be eligible for rehire without exception.
9.11 When a registrant has been terminated as unsatisfactory or has been discharged for cause by at
least three (3) employers within a twenty-four (24) month period, he/she shall be denied further use
of all hiring halls covered by the District Council provided the employers have furnished the District
Council in writing the reasons for such termination or discharge. Members may appeal to the Joint
Hearing Committee.
9.12 When a registrant has been terminated for lack of possessing the necessary skills to perform the
assigned duties, by at least three (3) employers within a twenty-four (24) month period, satisfactory
completion of additional training will be required before hiring hall privileges are restored in the
classification in question.
ARTICLE 10
SHIFTS-HOURS OF WORK-OVERTIME
(The official time for the purposes of this Agreement shall be applicable legal time).
10.1 The hours of work per week or month shall be as regulated by particular contract which the
Employer has to perform and shall be arranged to meet the requirements of the Employer as best
suits the calendar time allowed by the contract for completion.
10.2a The workweek shall be forty (40) hours, Monday through Friday, and the workday shall not
exceed eight (8) hours per day. All time worked in excess of the foregoing shall be paid for at the rate
of time and one-half (1.5X). Work performed on Saturdays shall be paid for at the rate of time and
one-half (1.5X). Sunday, Holiday and work in excess of twelve (12) hours in any workday shall be paid
for at the rate of double time (2.0X).
On Heavy Highway, only work performed on Sunday and Holidays shall be paid for at the rate of
double time (2.0X).
10.2b Notwithstanding the above, the Employer may, at his/her option, establish ten (10) hour shifts
for a minimum of any four (4) consecutive scheduled work days, Monday through Thursday, or
Tuesday through Friday, on some or all operations on a project, without being required to pay
overtime. Anything over ten (10) hours shall be subject to the provisions above. Failure to work the
four (4) day minimum shall require overtime unless such failure is caused by actual inclement
weather, holiday or other conditions definitely beyond the control of the Employer.
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AGC-OR Laborers 2016-2021 MLA10.2c Four-ten (4-10) hour shifts at the straight time rate may be established Monday through
Thursday or Tuesday through Friday. In the event the job is down due to equipment breakdown,
weather conditions or other conditions beyond the control of the Employer, then Friday on a Monday
through Thursday schedule or Saturday on a Tuesday through Friday schedule on a voluntary basis
may be worked as a MAKE-UP DAY at the STRAIGHT TIME RATE. In the event Friday make-up day
cannot be worked due to conditions beyond the control of the Employer, then Saturday on a voluntary
basis may be worked as a make-up day at the straight time rate. Make-up day applies to the crew so
affected. Make-up days shall not be used to make-up time lost due to a holiday.
On work that is entirely federally funded, the workweek shall be forty (40) hours, Monday through
Friday. All work in excess of forty (40) hours in one (1) week, or ten (10) hours in one (1) day shall be
paid for at the rate of time and one-half (1 .5X). The Contractor shall not employ a second crew to
circumvent overtime pay after forty (40) hours. This shall not prohibit the Employer and the Union
from negotiating "rolling" four-ten (4-10) hour shifts on a project by project basis. The workweek may
include a Saturday make-up day at straight time rate.
10.2d Notwithstanding the language in Section 10.2.a, if the particular public works contract which the
Employer has to perform causes a normal shift to begin Sunday night after 6 PM, the work shall be
paid for at the rate of time and one-half (1.5X) until 12:00 midnight and at the straight time rate for
the following eight (8) hours thereafter.
10.2e All applicable state laws will apply to break times.
(1) SINGLE SHIFT:
HEAVY HIGHWAY
Eight (8) hours work per day between the hours of 5:00 a.m. to 7:00 p.m. and five (5) days per week,
Monday through Friday, shall be the normal working time of all employees covered by this
Agreement. Starting and quitting time may be expanded by mutual consent of the Employer and the
Union.
BUILDING
Eight (8) hours work per day between the hours of 6:00 a.m. to 6:00 p.m. and five (5) days per week,
Monday through Friday, shall be the normal working time of all employees covered by this
Agreement. Starting and quitting time may be expanded by mutual consent of the Employer and the
Union.
MINIMUM TIME BETWEEN SHIFTS. When an employee has worked the regular shift and then is
required by the Employer to work at the overtime rate, the Employee shall not go to work again for
the regular rate until the employee is relieved for a period of at least eight (8) hours.
(2) TWO SHIFT OPERATIONS: On a two (2) daylight and consecutive shift operation, no shift
penalty is involved for work performed in either of these two (2) shifts. Each shift must be scheduled
for at least eight (8) hours except as provided for in the Reporting Pay/Minimum Pay requirements of
this Agreement.
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AGC-OR Laborers 2016-2021 MLA(3) As an exception to the provisions of paragraphs (a) and (b) above, a starting time earlier than
5:00 a.m. may be established by mutual Agreement between the Employer and the Union, which shall
be confirmed in writing and copies filed with representatives of both parties.
(4) THREE-SHIFT OPERATIONS: On a three (3) shift operation, the first shift of eight (8) hours
(exclusive of meal period) shall start between the hours of 6:00 a.m. and 8:00 a.m., and eight (8) hours
work shall constitute the first shift for which eight (8) hours will be paid. The second shift shall consist
of seven and one-half (7.5) hours for heavy-highway-utility work and seven (7) hours for building work
(exclusive of meal period) for which eight (8) hours at the straight time rate shall be paid. The third
shift shall be seven (7) hours (exclusive of meal period) for which eight- (8) hours at the straight time
rate shall be paid. Thirty-five (35) hours shall constitute a week's work on the third shift.
(5) SPECIAL SHIFT: A special shift may be established at any time, at the option of the Employer, on
any job or project. Said shift shall not be started until the union has been notified. There shall be no
premium or penalty for working a special shift.
(6) On new building construction there shall be three (3) or more consecutive days work (exclusive
of Saturdays, Sundays and Holidays) for each shift, provided, however, that in the event of any
emergency where an extra single shift is necessary to prevent delay in the scheduled progress of work,
such as the completion of forms for pouring concrete or the completion of a concrete pour, such
single shifts will be permitted upon prior notice to the Union, and providing such shift must be worked
the full shift time of seven and one-half (7.5) hours for eight (8) hours pay.
(7) For the purposes of this Article, a full shift shall be considered the regularly scheduled hours of
work established for each shift, and the second and third shifts shall be considered as a part of the
working day on which the first shift started. The total allowable time for a two (2) or three (3) shift
operation shall not be in excess of twenty-four (24) hours from the regular starting time of the first
shift. The regularly scheduled shift hours shall not be changed during the workweek without two (2)
day's prior notice and not more than once during the workweek.
(8) Should an Employer elect to start a shift before the regular starting time, the Applicable
overtime rate shall be paid until the regular starting time, and the eight (8) hours of continuous
employment (exclusive of meal period) following the regular starting time shall be at the regular
straight time rate and/or in accordance with Section 10.2 of this Article. Should an Employer elect to
start an employee prior to his regularly scheduled hours of work, such employee shall receive the
applicable overtime rate up to his regularly scheduled hours.
(9) LUNCH PERIOD: A regular lunch period of not less than one half (0.5) hour or more than one (1)
hour shall be established within one (1) hour of mid-shift but in no event longer than five (5) hours
from the beginning of the shift. If an employee is required to work more than five (5) hours from the
beginning of the shift without a lunch period, he/she shall be paid a half (0.5) hour at the applicable
overtime rate and in addition given no less than thirty minutes to eat his/her lunch. If the employee is
not given a minimum of thirty minutes to eat, he/she shall then receive an additional one half (0.5)
hour at the applicable overtime rate.
Employees who have been given sufficient time to eat during the regular shift may be allowed to work
twelve (12) hours without a second lunch period penalty. If the employee works over twelve (12)
hours, he/she shall be paid one half (0.5) hour penalty at the applicable overtime rate. If the employee
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AGC-OR Laborers 2016-2021 MLAis not given sufficient time to eat his/her lunch during his/her regular shift, an additional one half (0.5)
hour penalty shall be paid if required to work longer than ten (10) hours.
(10) REST PERIODS: Paid rest periods of ten (10) minutes shall be provided during each work period
(four (4) hours) or major part thereof. The rest period may not be added to the usual meal period or
deducted from the beginning or end of the work period to reduce the overall length of the total work
period. The ordinary nature and circumstances of construction work may not allow for a fixed regular
schedule. However, effort shall be made to have rest periods taken approximately in the middle of
each work period.
10.3 The Employer shall furnish when necessary heated change rooms of ample size equipped for
drying clothes and with benches. They will be situated as close as practical to the work area and will
not be used for storage of material or equipment. The determination as to necessity shall be made by
Agreement of the Employer and the business representative of the Local Union concerned. In the
event the works of one of the other 5-craft unions are provided facilities for eating, the Laborers shall
be entitled to the same.
10.4 (Applies to heavy-highway-utility work only). Moving of all equipment from job to job, set-up
and tear-down work, and servicing and repair work done by operating crews on Sundays and Holidays
shall be paid for at one and one-half times (1.5X) the straight time rate provided for the classification
concerned.
10.5 (Applies to heavy-highway-utility work only). When it is necessary to keep flaggers or other
non-production or non-operating employees on duty on Saturdays and Sundays when no other
activities (other than such maintenance work which is being done by other crafts) are in progress, such
employees shall be paid at the overtime rate of one and one-half times (1.5X) the basic rate of wages.
10.6 EMERGENCY STARTING TIME. When it is mutually agreed that an emergency exists, such as
earthquakes, floods or fires, starting time for the shift may be made to fit the emergency and eight (8)
hours in any twenty-four (24) hour period may be worked at straight time when mutual agreement
with the Union shall be received in writing.
10.7 Foremen or employees from other crews cannot be used to complete a job or work assignment
which continues or requires overtime work. Nothing in this section shall prevent the expansion or
reduction of a work crew by the Employer.
10.8 On operations such as green sawing, dewatering, curing and protection of concrete, all
overtime pay shall be time and one-half (1.5X), including Sundays and Holidays.
ARTICLE 11
REPORTING PAY, MINIMUM PAY AND STANDBY PAY
11.1 Immigration Reform and Control Act (IRCA). Any referral who is unable to qualify for employment
under the provisions of the IRCA shall not be eligible for employment and the attendant benefits
therein.
11.2 Reporting Expense. When qualified workers report for work as directed and for whom no work is
provided, they shall be paid four (4) hours pay unless prevented from working by causes not under the
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AGC-OR Laborers 2016-2021 MLAcontrol of the Employer. Upon proper notification to the employer at the time of dispatch, an
applicant who travels more than fifty (50) miles from his/her domicile to the jobsite and is not put to
work shall be paid eight (8) hours at the dispatch rate of pay, plus fringe benefit contributions. It being
understood that the above reimbursements are for the inconvenience of reporting to the job site and
are not to be construed as wages for work performed and that workers entitled to reporting expense
shall not be required to remain on the job site except as provided below.
11.3 Minimum pay. Employees who work less than four (4) hours shall be paid for four (4) hours and if
worked more than four (4) hours shall receive pay for the actual time worked unless they are working
directly with Cement Masons and they will receive eight (8) hours of pay if worked in excess of four (4)
hours.
If an employee leaves or quits of his own volition, he/she shall be paid for actual time worked at
applicable straight and overtime rates. If a new hire is put to work and judged by the Employer to be
unsatisfactory, that person shall be paid only for the actual time worked.
11.4 Stand by. On rain sensitive work such as Dirt Work, Slab Work, and Asphalt Work or in such cases
as equipment breakdown, the Employer may request the employees to remain on the job for up to
two (2) hours on a standby basis. If not put to work during this two (2) hour period, the employee shall
receive two (2) hours wages plus fringes but shall not receive the forty dollars ($40.00) reporting
expense. If put to work, employees shall receive pay for actual hours worked in accordance with the
minimum pay requirement of this article.
11.5 Call Back. When employees have completed their scheduled shift; and have left the job-site; and
are "called back" to perform work of a casual, incidental or irregular nature, they shall receive a
minimum of two (2) hours pay at the applicable daily overtime rate.
ARTICLE 12
NON-RECURRING WORK
12.1 When an Employer does not have regular employees available at the job site, he/she may employ
without regard to craft jurisdiction when the following conditions exist:
(a) Unexpected vacancies caused by sickness or other unavoidable absences beyond the control of
the Employer; and/or
(b) Where less than one (1) day's work must be performed and members of this Union are not
immediately available.
12.2 In such cases the employee shall be paid the rate for the classification of the work which
he/she is required to do, or the rate for the classification under which he/she was working
immediately prior to the temporary assignment, whichever rate is higher.
12.3 In no event, will the above conditions be permitted beyond one (1) day nor will the temporary
assignment be considered as a permanent assignment of work. Employers found violating this Article
shall be considered in breach of contract and subject to Settlement of Non-Jurisdictional Disputes,
Article 31.
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AGC-OR Laborers 2016-2021 MLAARTICLE 13
HOLIDAYS
HOLIDAYS shall be:
New Year's Day Thanksgiving Day
Memorial Day Day following Thanksgiving
Fourth of July Christmas Day
Labor Day
Should any of these Holidays fall on Sunday, the following Monday shall be considered a legal holiday.
If a Holiday falls on a Saturday, the previous Friday shall be considered as the Holiday.
Should an employee be required to work on Presidential Election Day, arrangements shall be made to
allow him ample time to vote. However, the Employer will not be required to pay for any time not
worked.
ARTICLE 14
PAYDAY
14.1a Payday shall be once a week. Employees shall be paid on the job at a mutually convenient
location. Employees discharged or terminated shall be paid by check or cash with a written check stub
or statement to include hours, deductions and hourly rates of pay immediately on such discharge or
termination, and if required by the Employer to go to some other point or to the office of the
Employer to pick up termination check the employees shall be paid for the time required to go to such
places, at the regular straight time rate of wages, provided that payment by check to the employee, or
mailed and postmarked to his residence address, within twenty-four (24) hours after such layoff or
discharge, shall be deemed compliance with this section. If the Employer does not comply with the
above procedure as to payment for discharge, the employee shall be paid for eight (8) hours
additional pay at his straight time rate for each day (Saturdays, Sundays and Holidays excepted) until
paid. When employees quit of their own accord they shall receive the pay due them no later than the
next regular payday. Payments will be assumed to be correct and there shall be no adjustments made
unless the employees file a protest within fifteen (15) days after receiving check.
14.1b Notwithstanding the above, electronic deposits may be permitted upon a written, signed and
dated authorization from the employee.
14.2 All employees employed under this Agreement must first establish all claims in writing against
the Employer, contractor or Association through their Bargaining Agent and under the provisions of
this Agreement or hereby waive all legal rights to claims processed otherwise.
14.3 When proposed wage increases have been delayed for reasons beyond the control of the parties,
such retroactive wages will be due and payable at the earliest payroll period but not to exceed thirty
(30) days from the date of notice from the Association and/or Union to the employers.
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AGC-OR Laborers 2016-2021 MLAARTICLE 15
WAGE SCALES
15.1 Old Work Protection. All private sector work in progress or bid, which was covered by the scope
of the previous agreement, shall be guaranteed the protection of the appropriate wage and fringe
benefit rates in effect in the previous agreement.
Private Work bid after the effective date shall be at the new wage and benefit rates as noted. Private
work bid under this agreement which extends beyond May 31, 2021 shall be guaranteed the
protection of the appropriate wage and fringe benefit rates in effect under this agreement for twenty-
four (24) months from the award of the bid, except that the contractor will pay all health and welfare
increases up to fifty cents ($0.50).
Public Work performed under the provisions of a prevailing wage statute shall be administered in
accordance with Article 27, Public Works Wages.
15.2a The classifications of employment, wage scales, Health and Welfare, Pension, and Training, as
set forth in this Agreement and Schedule "A" attached shall be applicable for the period covered as set
forth in Article 5.
15.2b Monetary increases in the total wage and fringe packages for the life of this five (5) year
agreement are effective on the dates indicated below:
• June 1, 2016 – May 31, 2017: Increase total package – 3.5%
• June 1, 2017 – May 31, 2018: Increase total package – 2.75%.
• June 1, 2018 – May 31, 2019: Increase total package based on the percentage increase as
shown in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) US City
average for 3rd quarter of 2017. Percentage change has a floor of zero percent (1.5%) and is capped at
three percent (3%).
• June 1, 2019 – May 31, 2020: Economic Opener (only)
• June 1, 2020 – May 31, 2021: Economic Opener (only)
15.3 Additions of classifications and applicable wage scales for the purpose of clarification or supplying
omissions may be made from time to time when signed by the parties hereto, and shall be confirmed
by written supplements to the attached Schedule "A".
ARTICLE 16
TRANSPORTATION-CAMP REQUIREMENTS
16.1 No travel time, transportation reimbursement, or subsistence is payable under this Agreement
except as provided in this Article 16. The Employer agrees to pay only those toll fees on bridges and
ferries which the employee must use in traveling the shortest route to and from the job from the
nearest dispatch point of zone pay reference point provided the employee furnishes said daily receipts
to the Employer.
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AGC-OR Laborers 2016-2021 MLAHowever, if employees of other basic crafts, who have agreements with the Employer, receive
reimbursement for toll fees those employees with like circumstances (i.e. live in the same area and
travel the same route) shall also be reimbursed for their toll fees and ferry charges.
16.2 Any employee engaged in the transportation of material or machinery on long hauls and held
away from his home terminal overnight shall be paid the cost of his lodging and meals, or a reasonable
allowance, provided that the employee shall furnish receipts for same.
16.3 Where and when standard camp facilities or trailer court facilities are provided by the
Employer at or near the job site the Employer and the Union will mutually agree on cost to the
employee and the hourly wage rate will prevail. The Employer will be the sole judge as to where and
when job circumstances justify the establishment or discontinuance of camp facilities.
16.4 Job Site Transportation: Whenever, because of remoteness of parking areas, hazardous road
conditions, or security restrictions, and it is necessary for the Employer to furnish transportation for
employees within the job site to the place of their work, the project management and representative
of the Union shall meet to discuss any special conditions surrounding such man-haul operations.
When the Employer furnishes such transportation to the employee without cost to him, the
equipment shall include seats and protection from the elements and definite pick-up and discharge
points shall be determined. If there are more than thirty (30) minutes in time consumed from pick-up
points to work site, the employee shall be paid for any time over thirty (30) minutes. If there are more
than thirty (30) minutes consumed from work site to pick-up points, the employee shall be paid for
the full amount of time spent in travel from work site to pick-up point at his regular rate.
ARTICLE 17
HEALTH & SAFETY
17.1 Drug and Alcohol Testing. Labor and Management agree that it is in the best interests of all to
promote an alcohol and drug-free working environment and pledge both to work within their own
areas of influence and to cooperate to that end.
17.2 The Employer has the right to screen employees for alcohol and drugs as a condition of
employment, as long as the above is in compliance with state and federal laws. Drug and Alcohol
Testing is permitted under the conditions as outlined in Sections 17. 1c and 17. 1d of this Article.
17.3 Testing will be conducted in accordance with the Construction Industry Drug Free Workplace
Program (CIDFWP). All testing will be paid for by the Employer. If test results are negative, the
Employee will be paid Fifty Dollars ($50.00) and will be issued a Drug Card.
17.4 Notwithstanding Section 17.1c, above, a signatory contractor may choose to not participate or
pay the contribution for the CIDFWP provided employees are covered by a Department of
Transportation-approved program. The Employer shall submit a copy of his/her DOT approved
program to the Union for review.
17.5 PROSPECTIVE EMPLOYEE MEMBERS: Prospective employees / members who test negative for a
Drug and Alcohol Test conducted in compliance with the aforementioned policy, will be reimbursed
fifty dollars ($50.00) for taking such test. This expenditure is not for time worked, but for the
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