2. Labor Relations An Overview of Activities And Answers to Questions We Get

3. Labor Relations Staff Geary Higgins Vice President, Labor Relations William Triplett Executive Director, Labor Relations Charles Kelly Executive Director, Labor Relations Joey Shorter Director, Workforce Development Germaine Wells Administrative Assistant

4. Labor Relations information on the Website –Click on the “Contractor Resources” tile –Then click on “Labor Relations” Contains information such as: pattern agreement guides CIR and meeting dates surveys/reports guidance papers

5. So what do all of you do?

6. Labor Relations Activities Labor Relations Conference Point of Contact with the IBEW –National Agreements and Agreement Language –CIR –NJATC – Electrical Training ALLIANCE –NLMCC/Quality Connection/ElectricTV.net Joint Business Development Activities –Employee Benefits Conference –NEBF/NEAP/National Health Care Plan (FMCP) Addressing Employer Need for Qualified Workforce

7. Labor Relations Activities Collective Bargaining Seminar Series Labor Relations Task Force Industry Groups –Helmets to Hardhats –NCSCB (Cable Splicing) Davis-Bacon District 10 & OSHA Partnership Surveys and Special Reports Work with other offices as needed- convention, etc.

8. Labor Relations Activities A Resource to NECA’s –Field Staff –Chapter Staff –And Members... covering all aspects of the chapter’s and contractor’s relationship with the IBEW

9. Structure of NECA/IBEW NECA and IBEW are similar in many ways –Both are membership based –Both have local organizations –Both have district staffs –Both have a national organization

10. Structure of NECA/IBEW “Labor Relations Ladder” NECAIBEW National OfficeInt’l Office Regional DirectorInt’l Vice President Field RepI.O. Rep Chapter ManagerBusiness Manager EmployersEmployees

11. Go up the ladder...... one rung at a time –Going to a “friend” in the IBEW can backfire –Going to “national” first may just delay things

12. What is Multiemployer Bargaining?

13. –Voluntary group bargaining –Other industries do it, also NFL Automotive –But Construction is Unique

14. Multiemployer Bargaining Only in construction can employers choose the union –Section 8(f) Pre-hire agreements/Letters of Assent –Section 9(a) –Voluntary Recognition –Certification Elections

15. Multiemployer Bargaining The Chapter acts as the bargaining agent for the contractors –Similar to the union acting as the bargaining representative for workers The Chapter and Local Union are the Parties to the Agreement

16. Multiemployer Bargaining Contractors become “signatory” through Letters of Assent Recommended chapter bylaws require members to give bargaining rights to chapter

17. What are some keys to successful negotiations with the union?

18. Negotiations This is important, the core of what the chapter does Be prepared Be organized Stay on track

19. Negotiations Remember, negotiations not a one-shot deal Try to build relationship – if possible If you “win big” you may pay later

20. Negotiations Establish ground rules Package bargaining or line item –Wage offer tied to other provisions? –Wages and fringes separate items or a single economic package? How will you agree that you have agreed?

21. Negotiations Make your proposals clear Make it clear what you intend proposal to do –Create a “history”

22. Negotiations Take good notes Get minutes agreed to and signed If you change proposals during negotiations, make that clear Keep records of what has transpired

23. Negotiations Settlement Ratification

24. Negotiations No settlement If you have CIR Binding Arbitration, no economic action Council weighs the arguments from both sides and renders a unanimous decision Did you reach a committee settlement? Did the union committee “recommend” it? Can you document that?

25. Negotiations No settlement If you don’t have CIR Strike or Lockout When may union strike? Preparing for economic action Notifying the Federal Mediation and Conciliation Service (FMCS)

26. What is “Category I Language”; where did it come from; why do I have to use it?

27. Standard Language NEBF – 1947 Separability – 1951 Favored Nations - 1956 Referral – 1958 (Mountain Pacific) Portability – 1959 First Clause – 1960 Classifications – 1966 Apprenticeship – 1968 CIR – 1968/1974 Annulment/Subcontracting - 1970 National Agreement – December 1976

28. National Agreement NEBF from 1% to 3% Increment Pension Plan (since discontinued) Shift Clause Managements Rights 1 to 3 Apprentice Ratio National Electrical Industry Fund

29. Category I First use of terms “Category I” and “Category II” – April 1981 NECA and IBEW published language separately until 2001 Joint “Pattern Agreement Guide” For Inside, Outside, and Residential only

30. Pattern Agreement Guide PAG contains standard forms of required or recommended language. Available on the NECA Website Language in RED is Category I Language in BLUE is Category II Language in PURPLE is Recommended or Optional Language in BLACK comprises common provisions covering a range of issues

33. Category I Definition By joint recommendation and in written agreement, all Construction Agreements between IBEW Local Unions and NECA Chapters must contain all Category I Language verbatim, i.e., no deviations or changes to these clauses are permitted. There are also several places where Alternate Language is provided. This Alternate Language is to be used in lieu of, and not in conjunction with, Standard Language.

34. Category II Definition Provisions which the IBEW International Office recommends but which National NECA has not endorsed. These provisions need to be negotiated locally. If adopted, this language must be inserted verbatim into the collective bargaining agreement.

35. Recommended/Optional Language that is acceptable to the IBEW International and NECA National, is approvable, and may be included in the agreement if the local parties agree. In some cases, language other than the particular language illustrated may be used; however, the CW/CE Addendum and the NEAP language must be used verbatim.

36. Common Provisions Common provisions are listed for consideration by the local parties. They must be locally negotiated and agreed upon or modified as determined by the local parties.

37. Category I Provisions First Clause CIR Language (Standard or Modified) Managements Rights Non-resident Employee (Portability) Favored Nations Annulment/Subcontracting

38. Category I (cont’d) Classifications/Wages Apprenticeship (6 or 10 Periods) Shift Clause (Standard or 3 Alternates) Referral including Repeated Discharge JATC Language National Electrical Benefit Fund

39. Category I (cont’d) National Electrical Industry Fund National Labor Management Cooperation Committee Local LMCC Substance Abuse (Enabling Language) Code of Excellence (Enabling Language) Separability

40. Category I (cont’d) Does not set wages Does not establish start/quit times Does not establish overtime premiums Does not require holidays or vacations Except for NEBF (3%) and NLMCC (1 cent per hour), does not set medical, pension, annuity or other fringe benefit rates or require such funds

41. Category I (cont’d) Does not establish crew structure Does not prevent expansion of JATC ratios Does not require funding for LLMCC Does not prevent the parties from modifying or even eliminating the shift premiums Does not prevent expanded portability

42. Category II Provisions Work Preservation Age Ratio Union Dues Deduction Re-registration (Referral) Reverse Layoff Safety/Employer Responsibility

43. Recommended/Optional Alternatives Allowed Foreman Call-By-Name Four-Tens Direct Deposit Journeyman Recall

44. Recommended/Optional Verbatim National Electrical Annuity Plan National Electrical 401(k) Plan CW/CE Addendum

45. Common Provisions All the stuff in BLACK is there as an illustration of potential language It mostly comes from the IBEW and is acceptable to/approvable by the IBEW You can put it in; leave it out; change it It is subject to normal IBEW approval if changed

46. Common Provisions Starting and Quitting Time Work Hours Workday/Workweek Payday and Waiting Time Wage Rates Fringe Benefits –Type ◊ Contribution Rate ◊ Percentage or Hours Worked or Hours Paid ◊ Bonding ◊ Remedies

47. Common Provisions Overtime/Premium Time Holidays Foremen/Crew Ratios Show-Up Pay Travel pay Per Diem

48. Common Provisions Continuing Education Bonding Tool List COPE Vacation Administrative Maintenance Funds Safety Language

49. Common Provisions Stewards Joint Venture Union Recognition Union Right to Discipline Members Union Job Access Union Security Picket Language

50. Common Provisions Workers Compensation Insurance Default on Required Payments Supplemental Unemployment Sunset Provisions ETC

51. Authority/Enforcement Category I Language Affirmed by Board of Governors Condition of Charter and/or Membership CIR IBEW Approval

52. Approval and Review IBEW Approves –Category I –Policy NECA Reviews –Category I –Legal tenability

53. Approval and Review Chapter receives –Review letter from NECA –Summary of approval letter from IBEW Chapter required to –Send in copy for review (electronic okay) –Post agreement to database on website

54. Speaking of “review,” what’s up with chapter bylaws?

55. Bylaws Review and Approval To be “legal”, Chapter Bylaws must be approved by National Association –IRS tax qualification –Department of Labor implications –Governance issues

56. Bylaws Review and Approval Submit to Secretary-Treasurer –Electronic okay Reviewed by staff –Model bylaws available online Approval and/or comments sent to Chapter

57. What does “Mandatory Subjects of Bargaining” mean?

58. Mandatory Permissive (non-mandatory) Illegal

59. Mandatory Subjects Obligation to bargain in good faith over wages, hours, and other terms and conditions of employment Wages, benefits, profit sharing Work hours, overtime, holidays, vacations Safety Drug testing for current employees Hiring halls Grievance arbitration

60. Mandatory Subjects Mandatory subjects must be discussed; they do not have to be agreed to Can go to “impasse” or “strike” over mandatory subjects

61. Permissive Subjects Items that the parties are permitted, but not required to bargain over Performance bonds Size of negotiating committee Ratifying the settlement by the union membership Inclusion of supervisory personnel in bargaining unit Binding interest arbitration (CIR) Administrative Maintenance Funds

62. Permissive Subjects Permissive subjects need not be discussed – no duty to bargain over them Cannot go to “impasse” or “strike” over including permissive subjects in the agreement – whether you seek to add or maintain the item

63. Illegal Subjects Items that it is unlawful to discuss or agree to even if both parties want them Bargaining on issues beyond the bargaining unit Bargaining with one union to change the jurisdiction of another union “Closed shop” provision, as opposed to “union shop” “Hot cargo” or “secondary boycott” provisions not protected by the construction industry proviso Clauses that violate federal and/or state laws

64. Illegal Subjects Illegal subjects are not to be discussed – they are illegal

65. Avoiding Problem Language Keep language short and clear –Take a break, let the language rest, let someone else read it Do you need to put it in the agreement? Does it conflict with other language in the agreement?

66. How do I get money from the NLMCC? What can I spend LMCC money on?

67. Labor Relations Activities Point of Contact with the IBEW –NLMCC NECA-IBEW National Labor-Management Cooperation Committee An unincorporated, not-for-profit, 501(c)(5), labor- management trust

68. NLMCC Purposes Improve communications Achieve operational efficiencies Address problems outside collective bargaining Eliminate problems that reduce competitiveness Sponsor programs to improve job security and enhance development

69. NLMCC Purposes Encourage & support local LMCCs Engage in research and development Engage in public education Involve workers in making decisions that affect their working lives –and Engage in any other lawful activity related to these goals

70. Local LMCCs Pretty much the same purposes as National LMCC Chapter Manager is the local collection agent for the NLMCC

71. Local LMCCs Category I requires a trust, though not required by law to be It must conform to certain IRS requirements (Form 990) –Visit with your chapter auditors and attorneys for compliance information

72. LMCC Cautions Not many rules, not much case law, you don’t want to be the one to establish them If your local LMCC has employees, it is an employer –LM10 obligations?

73. Do I have to file an LM-10 Form?

74. Did you give a union, union employee, or union official cash, gifts, or other things of value of $250 or more? –Not including wages, fringe benefits, withheld dues, legal judgments, etc. –But including golf outings, appreciation banquets, etc. If yes, then YES!

75. NLMCC Programs –Studies, Advertising, Support for Local Programs, Leadership Retreats, Partnering –Business Development –Special Budget Item to assist in recruiting NECANet NLMCC page has: Background Information ◊ Implementing Documents and Agreement Language ◊ Current Programs ◊ Frequently Asked Questions ◊ Annual Reports for the NLMCC ◊ Mailing Address for Contributions and Contact Information

76. NLMCC Service Requests –Joint request from both parties with details Objective, program, how this fits overall goals of NLMCC, financials –Sent to IBEW Vice President and NECA Regional Director –If they approve, sent to NLMCC Trustees through NECA

77. NLMCC Service Requests –Must have funded Local LMCC Or at least mechanisms to fund project –Must be approved in advance No retroactive requests –Grants for activities/structures Not for giveaways/trinkets

78. Labor Relations Activities NLMCC Administrative Office –NLMCC Payments and Supporting Report on Hours per Contractor should be sent to: NLMCC P.O. Box 758796 Baltimore, MD 21275-8796

80. What is an Unfair Labor Practice?

81. An Unfair Labor Practice (ULP) is –An Unlawful Act, not just an “Unfair” act –Enforced by NLRB Not everything that upsets the union is a ULP; however, the NLRB has turned activist, and while it can’t proceed on own initiative, it can be very wide ranging when responding to a charge

82. What is an Unfair Labor Practice? Employers must not interfere with employees exercise of their right to organize contained in Section 7 of the National Labor Relations Act Employers must bargain in good faith over mandatory subjects of bargaining

83. What is an Unfair Labor Practice? Employers must not interfere with employees exercise of their right to organize contained in Section 7 of the National Labor Relations Act –Can’t have policies that improperly restrict, or cause the termination or discipline of, workers for engaging in protected concerted activities

84. What is an Unfair Labor Practice? Employers must bargain in good faith over mandatory subjects of bargaining –Don’t have to reach a settlement, but you must at least intend to –Cannot take actions designed to prevent settlement –Must provide information to union

85. Employer ULPs Employer ULPs are mostly about employers trying to control workers and their choice of union(s) §8(a)1 – Determination §8(a)2 – Domination §8(a)3 – Retaliation §8(a)4 – Retribution §8(a)5 – Retrogression

86. Union ULPs §8(b)1(A) – Representation §8(b)1(B) – Determination §8(b)2 – Termination §8(b)3 – Retrogression §8(b)4 – Circumnavigation §8(b)5 – Initiation §8(b)6 – Relaxation §8(b)7(A) – Possession §8(b)7(B) – Dissociation §8(b)7(C) – Recognition §8(e) – Cessation §9(h) – Sedition Union ULPs are internal and external

87. Common ULPs –Refusal to Bargain (in Good Faith) Including Regressive Bargaining –Unilateral Change to Agreement –Discipline for Union Activity –Refusal to Provide Requested Information

88. ULP Charges Procedural Review –Charging –Investigating –Deciding –Trying –Appealing –Enforcing

89. ULP Deferral Also known as Collyerizing Old rules, NLRB usually deferred to the grievance provisions in the agreement New rules [Babcock & Wilcox] deferral will be much more difficult to attain

90. ULP Deferral New rules also apply to settlement agreements Just paying them something to make them go away may not be available anymore

91. Not-So-Related Issue –FLSA Issues Travel time Training time Tramp time (per diem)

92. Why do ULPs matter? –Remedies Cease and Desist Notice Re-runs and Recognition Make Whole Debarment

93. EEOC Guidance on Investigating Sexual Harassment Claims Requires Employers to Assure Confidentiality “To The Extent Possible” But NLRB says blanket confidentiality rules are a violation of employees’ Section 7 rights and therefore an Unfair Labor Practice

94. Labor Relations Activities Point of Contact with the IBEW –CIR Coordinate Management’s appointees to the Panel Assist IBEW in administration Geary serves as lead panel member, Bill and Chuck serve as recorders, staff support, and panel members, as needed Information on the http://thecir.org/ websitehttp://thecir.org/

95. How do I file for CIR?

96. Filing a case at CIR is web-based now. Go to www.thecir.org for details.www.thecir.org Submission forms must be requested for each case at every session. The other party is automatically notified of a request for submission form, but you are still obligated to invite them, in writing, to join your submission.

97. How do I file for CIR? Still must complete and sign a paper copy of the Submission form Submission form, agreement, and brief (if used) must be submitted in both electronic and paper versions Only 4 hard copies instead of 22

98. How do I file for CIR? Electronic versions must be uploaded by 11:59 PM Eastern Time on the first of the month in which the hearing is scheduled. The signed original of the submission form and the 4 paper copies of the other documents must be mailed (“UPSed,” “FedExed”) by the same time.

99. How do I file for CIR? Electronic versions must be uploaded by 11:59 PM Eastern Time on the first of the month in which the hearing is scheduled. The signed original of the submission form and the 4 paper copies of the other documents must be mailed (“UPSed,” “FedExed”) by the same time.

100. Do I still have to exchange my written brief?

101. Yes!

102. Fun Facts CIR’s first decision involved the Detroit Chapter and Local 58 and was issued February 17, 1921 1921 – 194536 cases 1946 – 19651,068 1966 – 19853,733 1986 – present3,631 Total case load 8,478

103. Fun Facts Geary Higgins first case: May 13, 1985#4880 There have been 3,598 cases since – that’s over 42% of all CIR cases heard!

104. What format do I use?

105. Documents should be uploaded in either PDF or Word. Don’t use PowerPoint. Don’t send pictures. Don’t send video, or audio, or animated GIFs.

106. What format do I use? Send one file – all exhibits and attachments should be attached. Make it clear and easy to navigate – it’s going to be read on a laptop, tablet, kindle, ipad, or phone.

107. How do I get a good decision?

108. Settle at home If you come to Council, you may well be disappointed Don’t bring a “loser” – bad facts make bad decisions

109. How do I get a good decision? Emphasize the important issues. Make it clear what you want. Make it clear what you don’t want. Connect the dots. Don’t overwhelm the panel with redundant or unnecessary information.

110. Aren’t you done yet?

111. Almost

112. Labor Relations Activities Employee Benefits Conference –Next to be held January 28 & 29, 2016 –Naples Beach Florida –Registration and hotel information will be on Meetings and Events Page on the website with a link to the IBEW registration site ERTS: Employee Reciprocal Transfer System Chapter has little interaction with this, but if you need access, call Chuck Kelly for Password info

113. Labor Relations Activities Collective Bargaining Seminar Series –Five modules Labor Relations Basics ◊ Selecting the Negotiating Team ◊ Negotiations ◊ Grievance Handling◊ Preparation and Presentation at CIR◊ Strike Seminar Delivered by the field staff through Education and Training office

114. Construction Labor Research Council Carey Peters – phone: 202-347-8440 –clpeters@clrcconsulting.orgclpeters@clrcconsulting.org www.CLRCconsulting.org Wage data and CBA provision cost calculations Wage and Employment Evaluations for NLMCC and local parties or LMCCs

115. Trust Fund Issues Every Trustee, Chapter Manager, or Staff Person who Administers Trust Funds or Benefit Plans Should Attend Educational Programs Joint Conference or International Foundation of Employee Benefit Plans For new trustees, IFEBP programs are essential www.ifebp.org/education/schedule Laws are strict, complex, and sometimes seem backwards Penalties are SEVERE! Even for well-meaning mistakes

116. Questions