Free Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

LABORERS WELFARE FUND OF DELAWARE : LOCAL NO. 199, LABORERS OF DELAWARE LOCAL UNION NO. 199 PENSION PLAN, LOCAL 199 LABORERS INTERNATIONAL UNION OF NORTH AMERICA ANNUITY PLAN, LABORERS LOCAL 199 TRAINING AND APPRENTICESHIP FUND and LABORERS LOCAL 199 VACATION FUND (administered through the Laborers Welfare Fund of Delaware Local 199) c/o GEM Group 650 Naamans Road, Suite 303 Claymont, DE 19703 and LABORERS'-EMPLOYERS' COOPERATIVE EDUCATION TRUST FUNDS c/o Delaware Contractors Association P.O. Box 6520 Wilmington, DE 19804 and LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 199 AFL-CIO 532 South Claymont Street Wilmington, DE 19801 Plaintiffs v. DAVID W. TALLEY GENERAL CONTRACTOR LLC 199 Airport Road New Castle, DE 19720 Defendant :

CIVIL ACTION NO. 07-CV-

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COMPLAINT JURISDICTIONANDVENUE' This action is instituted under, and by virtue of, Sections 502 and 515 of the 1. Employee Retirement Income Security Act of 1974, as amended, ("ERISA"), 29 U.S.C. §§ 1132 and 1145, and Section 301 of the Labor Management Relations Act of 1947, as amended, ("LMRA"), 29 U.S.C. § 185, to enforce the rights of multiemployer plans to audit the books and records of a contributing employer, and to collect liquidated damages owed for late fringe benefit contributions under Section 301. 2. This Court has jurisdiction over this matter pursuant to Section 502(e)(1) of

ERISA, 29 U.S.C. § 1132(e)(1), and 28 U.S.C. §§ 1331 and 1337. Venue is appropriate pursuant to Section 502(e)(2) of ERISA, 29 U.S.C. § 1132(e)(2), and 28 U.S.C. § 1391(b). PARTIES The Plaintiffs, Laborers Welfare Fund of Delaware Local No. 199, Laborers of 3. Delaware Local Union No. 199 Pension Plan, Local 199 Laborers International Union of North America Annuity Plan, Laborers Local 199 Training and Apprenticeship Fund, and Laborers Local 199 Vacation Fund (administered through the Laborers Welfare Fund of Delaware Local 199) ("Funds"), are jointly-administered, multi-employer benefit funds within the meaning of Section 302(c)(5) of the LMRA, 29 U.S.C. § 186(c)(5), and Sections 3(3) and 3(37)(A) of ERISA, 29 U.S.C. §§ 1002(3) and (37)(A). The Laborers-Employers Cooperative Education Trust ("LECET") is a jointly-administered, multi-employer fund within the meaning of Section 302(c)(9) of the LMRA; 29 U.S.C. § 186(c)(9). The Funds and LECET receive contributions from various employers who are obligated to make contributions thereto by virtue of their having agreed to be bound by collective bargaining agreements with Laborers International Union of North America Local 199, AFL-CIO ("Local 199") and by virtue of their having agreed to be

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bound by the Agreements and Declarations of Trusts that establish the Funds and LECET. The offices of the Funds and LECET are located 4t650 NoaooauxRoad, Claymont, Delaware 19703. 4. Plaintiff, Laborers International Union of North America, Local 199, AFL-CIO

( ^^ T.0cu}/ gg")iSulabor organization within the meaning of Section 2(5) of the National Labor Relations Act, 29 T}.S.C. § 152(5) and an employee organization within the meaning of Section 3(4) nfBMA, 20U.S.C.8}802(4). Its principal place of business is 532 South Claymont Street, Wilmington, Delaware, 19801. Local 199 represents employees employed in the construction industry as laborers in the State of Delaware. 5. Defendant, David W. Talley General CoubactorLLC ( "Defendant"), is a limited

liability company organized under the laws of the State of Delaware a principal place of business at 199 Airport Road, New Castle, Delaware 19720. At all times relevant hereto, the Defendant has been an employer engaged in an industry affecting commerce within the meaning of Section 301 of the T.MRA,2 g TT.S.C.G|85,aod Section 152(2)Ofthe NT.RA,2 q Tl.S.C.&}52(2). The Defendant is also an "employer" within the meaning of Section 3(5) ofERTSA,20{T.S.C.8 1002(5). FACTUALALLEGATIONS 6. At all times relevant hereto, the Defendant has agreed to be bound by the terms of

uoollettive bargaining agreement ("Agreement") with Local 199 which set forth, inter alia, the wages, hours and other terms and conditions of employment of laborers employed by the Defendant in the State of Delaware. A copy of the Agreement is attached hereto as Exhibit A. Among the provisions contained in the Agreement are clauses that require Defendant to make timely contributions to the Funds and LECET on a monthly basis when members of Local 199

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are employed by the Defendant, and to submit timely monthly contribution report foiuis to the Funds' administrator. 7. "Timely" contributions, as referred to under the teens of the Agreement and

under the Agreements and Declarations of Trust establishing the Funds and LECET, means that all employee benefit contributions must be received by the Funds and LECET on or before the fifteenth day of the month following the month in which the benefits are earned. 8. Under the terms of the Agreement and the rules of the Funds and LECET,

contribution report forms, like the contributions themselves, must be received no later than the fifteenth day of the month in which the hours were worked by members of Local 199. Under the Agreement and the Agreements and Declarations of Trust establishing the Funds and LECET, all reports received after the fifteenth of the month are subjected to a ten percent liquidated damages charge. 9. The Trustees of the Funds have established a program pursuant to which they

audit the books and records of employers obligated to contribute to the Funds under the terms of the Agreement in order to insure that contributory employers have made the contributions required under the terms of the Agreement and the rules of the Funds. 10. On November 1, 2005, the Trustees of the Funds decided to commence an audit

of the books and records of the Defendant for calendar years 2004 and 2005 and retained the accounting film of Haggerty & Haggerty, P. A. ("Auditing Firm") to perform such audit. 11. Representatives of the Auditing Firm contacted the Defendant and obtained the

Accounts Payable Check Register but concluded that additional documents were needed.

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12.

On or about May 16, 2006, and again on May 18, 2006, the Auditing Finn

requested that the Defendant supply purchase orders and invoices for the time period being audited, such documents being necessary for the Auditing Firm to complete its audit. 13. Notwithstanding the Auditing Firm's request, the Defendant has failed and

refused to supply the purchase orders and invoices for the time period being audited nor has the Defendant responded to any requests from the Auditing Firm to discuss the provision of those or any other documents. COUNT ONE VIOLATION OF ERISA FOR FAILURE TO PERMIT THE FUNDS TO AUDIT THE BOOKS AND RECORDS OF THE DEFENDANT 14. Paragraphs 1 through 13 of the Complaint are re-alleged as if fully set forth herein. 15. Section 515 of ERISA, as amended, 29 U.S.C. §1145, requires every employer

who is obligated to make contributions to a multi-employer plan under the terms of the plan or under the terms of a collective bargaining agreement to do so in accordance with the terms and conditions of the plan or agreement. 16. Pursuant to a policy of the Funds that requires periodic audits of contributing

employers, the Trustees of the Funds elected to conduct an audit of the books and records of the Defendant in order to insure that the Defendant made all contributions to the Funds as it was obliged to do under the terms of the Agreement. 17. The refusal of the Defendant to permit the Funds, through the Auditing Firm, to

audit all the Defendant's books and records so as to permit the Auditing Firm to conduct a full and complete audit is a violation the collective bargaining agreement and of ERISA in that the Defendant has failed to adhere to the rules and terms of the Funds' benefit plans.

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COUNT TWO BREACH OF CONTRACT FOR FAILURE TO PERMIT THE FUNDS TO AUDIT THE BOOKS AND RECORDS OF THE DEFENDANT 18. herein. 19. Article XXIII, Section 3 of the Agreement provides, inter alia: In the event the trustees or administrator of any Funds herein deem same desirable, they shall have the right to an audit of the employer's payroll records in question covering employees working under this Agreement. 20. The refusal of the Defendant to permit a full and complete audit constitutes a Paragraphs 1 through 17 of the Complaint are re-alleged as if fully set forth

breach of the Agreement. WHEREFORE, the Plaintiffs urge this Honorable Court to: (1) Enter an order requiring that the Defendant provide to the Auditing Finn, or any other auditor employed by the Plaintiffs, books and records of the Defendant necessary for the Auditing Firm or any other auditor to determine whether in fact the Defendant made sufficient contributions to the Funds, as required under the terms of the Agreement; (2) Pay to the Plaintiffs reasonable attorneys' fees and costs involved in the litigation of this matter; (3) Order that the Defendant pay to the Plaintiffs any monies deteluiined due and owing the Plaintiffs that may be established during the course of this litigation; and (4) Grant such other relief as this Court may deem just and reasonable.

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YOUNG, CONAWAY, STARGATT & TAYLOR, LLP

nnothy J. Sny r 408) The Brand g 1000 West Street, Floor Wilmington, DE 19801 Telephone: (302) 571-6645 Telefax: (302) 576-3336 Email: tsnydergycst.corn Of Counsel: Jonathan Walters, Esquire MARKOWITZ & RICHMAN 121 S. Broad Street, Suite 1100 Philadelphia, PA 19107 Telephone: (215) 875-3121 Telefax: (215) 790-0668 Email: [email protected] Attorneys for Plaintiffs

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Collective Bargaining Agreement
by and between

Allied Division of the Delaware Contractors Association
and

Delaware Laborers' District Council (Locals 199 and 847) of the Laborers' International Union of North America
Preamble WHEREAS, this Collective Bargaining Agreement (hereinafter the "Agreement") is entered into by the Allied Division of the Delaware Contractors Association (hereinafter the "Association") and Delaware Laborers' District Council (hereinafter the "Union") affiliated with the Laborers' International Union of North America, and WHEREAS, it is the purpose of this Agreement to build, develop and maintain a harmonious working relationship between the employers of the Association and the Unions in which the rights of both parties are recognized and respected and the work is accomplished with the efficiency, economy and quality that is necessary in order to expand the work opportunities of both parties, NOW, THEREFORE, in consideration of the mutual covenants herein expressed, BE IT AGREED AS FOLLOWS: Article I: Agreement This Agreement is entered into this 12 th day of May, 2004, by and between the Allied Division of the Delaware Contractors Association, Inc., and Delaware Laborers' District Council acting on behalf of Locals 199 and 847 of the Laborers' International Union of North America. All economic increases provided for herein commencing May 1, 2004 shall be retroactive to said date. Article II: Recognition Section 1. Association. All employer members of the Association who have authorized, or who have subsequently authorized the Association, in writing to act as its collective bargaining representative shall be bound by the provisions of this Agreement. The Association represents that it is duly authorized by those employers listed in Appendix A to enter into this Agreement, and to bind said members as stated herein. The Union shall be notified within twenty four (24) hours of any new employers represented by the Association who elect to be bound by the provisions of this Agreement, or of any current member who withdraws from the Association the authority to continue to act as its collective bargaining representative. No bound employer may withdraw from this Agreement before the end of its termination date Section 2. Bargaining Unit. There shall be one bargaining unit for all employers bound to this Agreement for the territorial and work jurisdiction covered herein. That bargaining unit shall be the Allied Division of the Delaware Contractors Association, Inc., which shall included all

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present and future members and employers for whom said Association bargains or by whom it has been designated to represent. Section 3. Union. The Association recognizes the Union as the exclusive bargaining representative for all laborers (hereinafter referred to as employees) performing work within the territorial and work jurisdiction of the Union and of this Agreement. The Union shall be recognized as the bargaining unit for all covered employees who work for all employers bound by this Agreement. Article HI. Liability Section 1. Association. The Association enters this Agreement on behalf of its bound employermembers and is not a principal hereto and shall not be held liable in any manner for any breach of this Agreement by any employer-member bound hereby, and it is further understood that the liabilities of said employer-members shall be several and not joint. Section 2. Union. The Delaware Laborers' District Council enters this Agreement on behalf of its affiliated local unions and it is further understood that the liabilities of the District Council, Locals 199 and 847 shall be several and not joint. It is further understood that the acts of any individual member of Local 199 or 847 on his own initiative and without the authority of the union shall not render either union or the District Council liable therefor, nor is the union otherwise responsible for the acts of unauthorized agents. It is further understood that the Laborers' International Union of North America is not a party to this Agreement and is not liable for the actions or inactions of the District Council, Locals 199 and/or 847 or their memberships. Article IV: Management Rights and Obligations. The employer retains complete and exclusive authority for the management of his operations. Except as expressly limited by other provisions of this Agreement, the employer shall have the right to plan, direct and control the operation of all his work and his workforce, at his sole discretion, including but not limited to, the assignment of employees to their jobs; demotion, hiring, layoff of employees due to lack of work or for other legitimate reasons; promotion; selection of foremen and general foremen, or other supervisory personnel; suspension or discharge of employees for proper cause; and transfer of employees. No customs, practices, or rules shall be observed or permitted which limit or otherwise restrict production, or which restrict the individual or joint working efforts of employees. The employer may utilize any method or technique of construction, and there shall be no limitations or restrictions regardless of location or source on the choice of design or materials, the use of machinery, pre-assembled, pre-cast, or prefabricated materials; tools; or other labor saving devices. The employer shall have the right to furnish and/or purchase any regularly catalogued item or manufactured component. The employer shall decide the amount of equipment to be used on his jobs and the number of men needed. Employees shall observe the regulations and rules of the employer which are not inconsistent with this Agreement, providing said regulations and rules are posted at the employer's job sites. Article V. Union Rights and Obligations. Section 1. Business Manager: The Union Business Manager or Agent shall have access to all jobs over which the employer exercises control of entry, and shall fully comply with safety, security, and visitor rules established for the project. Employers working in industrial plants shall make arrangements with plant management to permit the Business Manager or Agent to visit the job site.

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Shop Steward: The Business Manager shall appoint and remove all stewards, Section 2. and shall notify the employer in writing of such action. The steward shall be a qualified workman, shall perform work assigned to him by the employer, and shall exercise no supervisory functions. There shall be no non-working stewards. The working steward shall be paid at the applicable wage rate for the job classification in which he is employed, subject to Section 3 below. The steward shall not be discharged or discriminated against for the faithful performance of their Union duties. The steward shall not cause, encourage, or instigate any disruption of the job or a work stoppage. The employer agrees to notify the Union prior to the termination of a steward. If a steward is to be discharged, the employer shall show just cause for the same, and shall provide the Union with twenty-four hours notice so that the Union has adequate time to appoint another steward. The steward shall be notified when new employees are hired and one-half hour before any employee is discharged. Certified Shop Stewards. A Shop Steward who has satisfactorily completed the Section 3. OSHA 10 hour safety course, together with any additional courses required by the Union, is hereby recognized, as a result of this additional training, to be a benefit to the employer and shall be designated a Certified Shop Steward. A Certified Shop Steward who has been appointed Shop Steward by the union and who is keeping time on behalf of the Benefit Funds for five or more laborers, including him or herself, shall be paid, beginning May 1, 2004, $.40 over the Class A wage rate or the wage rate for the classification in which the steward is working, whichever is higher, and beginning May 1, 2005, $.45 over the Class A wage rate or the wage rate for the classification in which the steward is working, whichever is higher, and beginning May 1, 2006, $.50 over the Class A wage rate or the wage rate for the classification in which the steward is working, whichever is higher. The steward shall remain on the job as long as employees covered by this Section 4. Agreement are working. Article VI. More Favorable Agreements Should the Union at any time enter into any agreement to perform construction Section 1. work on a job-by-job basis with any employer which will permit its members to be employed under conditions more favorable to that employer that the conditions contained herein, or should the Union countenance a course of conduct on a job-by-job basis by any employer enabling said employer to operate under more advantageous terms and conditions than are provided herein, said more favorable terms and conditions shall automatically become a part of this Agreement and shall apply to all employers bound hereto provided that any bound employer, through the Association, sends written notice to the Union calling the matter to its attention. This section shall only apply to the particular job in question. In the event that the Union shall conclude an agreement for work covered by this Section 2. Agreement that is for a term of years and not for a single job only on terms that are in whole or part more favorable than the terms set forth in the within·Agreement, an employer who is a member of the Association may choose to sign and work under such other Agreement, which Agreement shall then supersede the within Agreement. The employer's election, once made, shall be irrevocable unless the revocation thereof is consented to in writing by the Union. It is agreed that if the Union has been furnishing employees to an employer in the Section 3. State of Delaware to do maintenance work, it may continue the practice for the term of this Agreement, provided that it be understood between the parties that the maintenance work to be

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done by employees covered herein shall be limited to the preservation of existing structures and the interiors thereof owned by the employer, and that it does not include additions to, betterments, changes, or enlargements of said structures or interiors. An employee employed for maintenance work shall be a steady employee of the employer. Article VII. Waivers and Modifications. No modification, variation, or waiver of any term or provision herein shall be valid unless agreed upon in writing by both the Association and the Union. Article VIII. Purpose. The purpose of this Agreement is to set forth herein conditions with respect to hours of work, wages and other conditions of employment under which employees of the employer shall work in the trade. The relationship of the parties is fully and exclusively set forth herein, and by no other means, oral or written. Practices not part of the terms and conditions of this Agreement will not be recognized. Article IX. Legality of Agreement Section I. By law: This Agreement shall be interpreted and applied, insofar as reasonably consistent with its intent and objectives, so as to be consistent with all federal, state and local laws, regulations and the final decisions of any courts or agencies of competent jurisdiction. Section 2. By voidance. Should any of the terms or provisions of this Agreement be determined to be, or held to be, in contravention of any applicable regulation, rules or statutes of any duly qualified goverrunental body or agency, such terms or provisions shall be null and void, without thereby affecting any of the other terms or conditions herein. Article X. Territorial Jurisdiction This Agreement shall cover all work in the State of Delaware. The territory of Local 199 shall be reco gnized as New Castle County. The territory of Local 847 shall be recognized as Kent and Sussex Counties. Article XI. Craft Jurisdiction. Laborers' work shall include all such work and jurisdiction as may have been acquired by reason of amalgamation or merger with former national or international unions, and as may be hereafter acquired. Laborers' work shall also include all such work and jurisdiction as declared by the decisions of the former National Joint Board for the Settlement of Jurisdictional Disputes up to its demise in 1969, and as may have otherwise been acquired and recognized pursuant to area practice. Article XII. New Work Classification If in the term of this Agreement, mechanized changes or changes in the method of operation, or changes in the assignment of existing tasks not previously performed by the Laborers, result in different or new types of work, the Association and the Union agree to discuss the same and mutually agree on such work's proper classification. Any such agreement shall be subject to the approval of the Laborers' International Union of North America, Eastern Region office. Article XIII. Hiring, Portability and Union Security Neither the employer nor the Union shall discriminate against employees, or Section 1. applicants for employment, for reasons of age, color, creed, national origin, gender or sexual preference.

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Section 2. In consideration of the foregoing, the Employer agrees to give the Union first opportunity to furnish laborers and apprentices to the Employer upon his request, and provided that notice of such requirement is given to the Union's Business Manager, or his representative on the job, twenty four (24) hours before the men are needed, stating the number of men needed, the skills required, the time and location of the job, the Union agrees to fulfill the Employer's requirements for laborers. If the Union is unable to supply the laborers within twenty four hours, then the Employer may hire laborers from any source. Notwithstanding the above, the Employer shall be permitted to hire laborers who are not members of the union without first making a request to the union for laborers where such laborers can demonstrate that they have approximately 4,000 hours of experience as construction craft laborers and are eligible for initiation into the union without applying to the Apprenticeship Program. Immediate notice shall be given to the union of such proposed hiring and proof of a laborer's work experience shall be submitted to the Apprentice Coordinator within three days of the laborer's hiring for the Coordinator's review and approval in accordance with its regular rules and procedures. Laborers hired pursuant to this provision shall apply for membership in the union in accordance with the Union Security Clause set forth at Section 5 below. The union shall not be required to admit such laborers into the union until and unless the Apprentice Coordinator determines that they are experienced construction craft laborers as set forth above. Section 3. The Employer, provided it has notified the local union in advance of the start of the project that the project was to begin and is otherwise in compliance with this Agreement and is not delinquent to the benefit or checkoff funds established hereunder, shall be allowed liberal portability of key employees subject, however, to the territorial local union's right to fair representation in the Employer's workforce for the project. Key employees are laborers who are members of a local union signatory to this Agreement who have worked for the Employer for at least eight weeks in the previous six months. Section 4. Employers shall not be permitted to bring into the territory covered by this Agreement any key employees who are not members of the signatory unions without the union's consent, and in no case may an Employer bring in more than two such key employees, provided such employees are members in good standing of a construction local union affiliated with the Laborers' International Union of North America. The Employer shall make all benefit payments required under this Agreement on behalf of such out-of-territory employees to the benefit funds established hereunder. Furthermore, the Employer agrees not to assign any employee who is not a member of a local union signatory to this Agreement to a project covered by this Agreement who has not first executed an authorization form for the checkoff funds established hereunder. Section 5. All employees who are present members of the Union shall maintain their membership in good standing in the Union in order to continue in employment. All new employees, on the eighth (8) day following the beginning of their employment, or the execution of this Agreement, or the effective date of this Agreement, whichever is later, shall become and remain members in good standing of the Union in order to continue in employment, all to be applied and enforced in accordance with the provisions of the National Labor Relations Act as amended. A member shall be considered in good standing if he or she has paid his or her initiation fee, and is current in the payment of working dues, organizing dues and monthly dues. Upon lawful notice by the Union to the Employer, any employee who fails to become or remain a member of the Union in good standing shall be terminated.

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Article XIV. Apprenticeship Joint Apprenticeship and Training Committee. The parties agree to continue Section 1. to maintain a Construction Craft Laborer Apprenticeship Program. The Joint Training and Apprenticeship Committee established or to be established by the parties in accordance with Apprenticeship Standards previously adopted by the parties shall have the authority to set, administer and enforce all rules, regulations, ratios and rates for apprentices and the apprenticeship program. Apprentices. The Employer shall participate in the apprenticeship program by Section 2. accepting apprentices for employment upon referral by the Union. The Employer is required to accept an apprentice, provided there is work for such apprentice, once five journey workers are employed. The employment of additional apprentices after the first apprentice hired shall be at the discretion of the Employer. The Employer may, however, employ one apprentice for the first journey worker employed and no more than one additional apprentice for each additional three journey workers employed. An apprentice shall not work on the jobsite unless supervised by a journey worker. The referral of apprentices to any employer is a matter of discretion residing with the Local Union and JATC acting through the Apprentice Coordinator. An apprentice should, whenever possible, be rotated by the Employer through different types of work so as to become trained in a variety of operations and work skills. Where the Employer is unable to provide an apprentice with experience in the full range of craft skills, the JATC may request the Local Union to reassign the apprentice to other employment in order to provide the experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the apprentice from job to job throughout the state, but shall notify the Local Union and JATC of all reassignments. It shall be the objective of both the Employer and the Union to make reasonable efforts to keep apprentices working so that they can complete the apprentice program and become journey workers in a reasonable amount of time. An apprentice shall not be penalized for taking off from work to attend offsite training required by the JATC (although time off for training shall be unpaid). 999 Article XV. Wages. Tier I wages and benefits shall be increased $1.50 per hour effective 5/1/04 and allocated as provided hereunder. Effective 5/1/05, Tier I wages and benefits shall be increased $1.50 per hour and will be allocated by the union prior to the effective date. Effective 5/ 1 /06, Tier I wages and benefits shall be increased $1.25 per hour and shall be allocated by the union prior to said effective date. Tier II wages shall be increased $ I.00 per hour on 5/1/04 and allocated as provided here under. Tier II wages shall be increased $1.00 per hour on 5/1/05 and $1.00 per hour on 5/ 1 /06 and shall be allocated by the union prior to said effective dates. Section 1. Tier I Building Construction Wages for New Castle County shall be: Effective 5/1/06 Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 20.44 (A Package: $29.85) $ 20.69 $ 20.94 $ 21.44 $ 21.69 $ 22.69

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Laborers whose only assignment is cleanup shall be paid 85% of the Schedule A wage rate. Benefits shall be paid in accordance with Benefit Schedule I below. Section 2. Tier II Building Construction Wages for New Castle County shall be: Effective Si 106 Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 17.94 (A Package: $27.35) $ 18.19 $ 18.44 $ 18.94 $ 19.19 $ 20.19

Laborers whose only assignment is cleanup shall be paid 85% of the Schedule A wage rate. Benefits and Checkoffs shall be paid in accordance with Benefit Schedule I below. Section 3. Tier I Heavy and Utility Construction Wages for New Castle County shall be: Effective 5/1/06 Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 20.44 (A Package: $29.85) $ 20.69 $ 20.94 $ 21.44 $ 21.69 $ 22,69

Laborers whose only assignment is cleanup shall be paid 85% of the Schedule A wage rate. Benefits and Checkoffs shall be paid in accordance with Benefits Schedule I below. Section 4. Tier II Heavy and Utility Construction Wages for New Castle County shall be: Effective 5/1/06 Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 17.94 (A Package: $27.35) $ 18.19 $ 18.44 $ 18.94 $ 19.19 $ 20.19

Laborers whose only assignment is cleanup shall be paid 85% of the Schedule A wage rate. Benefits and Checkoffs shall be paid in accordance with Benefits Schedule I below. Section 5. Effective 5/1/06 Highway Construction Wages for New Castle County Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 14.10 (A Package: $21.00) $ 14.35 $ 14.60 $ 15.10 $ 15.35 $ 16.35

Benefits and Checkoffs shall be paid in accordance with Benefits Schedule III below.

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Section 6. Tier I Building Construction Wages for Kent County shall be: Effective 5/ 1 /06 Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 19.19 (A Package: $28.60) $ 19.44 $ 19.69 $ 20.19 $ 20.44 $ 21.44

Laborers whose only assignment is cleanup shall be paid 85% of the Schedule A wage rate. Benefits and Checkoffs shall be paid in accordance with Benefits Schedule I below. Section 7. Tier H Building Construction Wages for Kent County shall be:

Effective 5/1/06

Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F:

$ 15.49 (A Package: $24.90) $ 15:74 $ 15.99 $ 16.49 $ 16.74 $ 17.74

Laborers whose only assignment is cleanup shall be paid 85% of the Schedule A wage rate. Benefits and Checkoffs shall be paid in accordance with Benefits Schedule I below. Section 8. Effective 5/ 1 /06 Heavy and Utility Construction Wages for Kent County shall be: Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 13.15 (A Package: $20.05) $ 13.35 $ 13.65 $ 14.15 $ 14.35 $ 15.40

Benefits and Checkoffs shall be paid in accordance with Benefits Schedule III below. Section 9. Effective 5/1/06 Highway Construction Wages for Kent County shall be: Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 13.28 (A Package: $20.18) $ 13.53 $ 13.78 $ 14.28 $ 14.53 $ 15.53

Benefits and Checkoffs shall be paid in accordance with Benefits Schedule III below. Section 10. Tier I Building Construction Wages for Sussex County Effective 5/ 1 /06 Rate Schedule A: $ 19.19 (A Package: $28.35)

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Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F:

$ 19.44 $ 19.69 $ 20.19 $ 20.44 $ 21.44

Laborers whose only assignment is cleanup shall be paid 85°h of the Schedule A rate. Benefits and Checkoffs shall be paid in accordance with Benefits Schedule I below. Section 11. Tier II Building Construction Wages for Sussex County Effective 5/1/06 Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 12.64 (A Package: $19.80) $ 12.89 $ 13.14 $ 13.64 $ 13.89 $ 14.89

Benefits and Checkoffs shall be paid in accordance with Benefits Schedule II below. Section 12. Effective 5/1/06 Heavy and Utility Construction Wages for Sussex County Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 12.90 (A Package: $19.80) $ 13.15 $ 13.40 $ 13.90 $ 14.15 $ 15.15

Benefits and Checkoffs shall be paid in accordance with Benefits Schedule III below. Section 13. Effective 5/1/06 Highway Construction Wages for Sussex County Rate Schedule A: Rate Schedule B: Rate Schedule C: Rate Schedule D: Rate Schedule E: Rate Schedule F: $ 12.91 (A Package: $19.81) $ 13.16 $ 13.41 $ 13.91 $ 14.16 $ 15.16

Benefits and Checkoffs shall be paid in accordance with Benefits Schedule HI below. Article XVI. Benefits Benefit and Checkoff Schedules are as follows: Schedule I: Benefits Welfare Pension Annuity Training 5/1/04 $ 3.80 $ 1.65 $ 2.25 $ .51 5/1/05 $ 3.80 $ 2.90 $ 2.50 $ .51 5/1/06 $ 3.80 $ 3.40 $ 3.00 .51

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DE LECET Checkoffs Working dues Organizing Dues DE LPL Vacation Fund
(tor journeymen only)

$ .20

$ .20

$ .20

$ .25 $ .15 $ .75

5% of gross wage $ .25 $ .15 $ .75

$ .25 $ .15 $ .75

Schedule II: Benefits Welfare Pension Annuity Training DE LECET Checkoffs Working dues Organizing Dues DE LPL Vacation Fund
(tbr journeymen only)

5/1/04 $ 3.80 $ 1.65 0 $ $ .51 $ .20

5/1/05 $ 3.80 $ 2.65 $ 0 $ .51 $ .20

5/1/06 $ 3.80 $ 3.15 $ .50 $ .51 $ .20

5% of gross wage $ .25 $ .25 $ .15 $ .15 $ .75 $ .75 5/1/04 $ 3.80 $ 1.65 $ 0 $ .25 $ .20 5/1/05 $ 3.80 $ 2.65 $ 0 $ .25 $ .20

$ $ $

.25 .15 .75

Schedule HI: Benefits Welfare Pension Annuity Training DE LECET Checkoffs Working dues Organizing Dues DE LPL Vacation Fund
(tbrJourneymen only)

5/1/06 $ 3.80 $ 3.15 $ .50 $ .25 $ .20

5% of gross wage $ .25 $ .25 $ .15 .15 $ $ .75 $ .75

$ _25 $ .15 $ .75

Article XVII. Wage Classifications Wage classifications as used in the Schedules of Wages set forth above are as follows: Rate Schedule A (Base Laborers Rate) General construction, dump man, fire waterman, flagman, salamanders, truck spotters RateSchedule B Caulkers, operators of pneumatic & electric tools, vibrating machines, concrete saws & pumps (which include hookups of most and or pipe), pot tender, & sewer pipelayers, demolition (where walls are required to be ridden down by hand tools, driller, (except core, diamonds and multiple wagon, forklift laborers, gunite materials & rebound workers, mason plaster tenders, cement workers, mobile buggy operators, operators of portable power saws, power sewing machines,

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scaffold builders, shorting, signalman, hook up man, including, when working with digging and grading equipment, stripping of all flat archwork & for work cleaning & oiling thereof, tool room attendant. RateScheduleC Burners & welders, caisson men, top men (Where excavation for caissons are dug 8 feet or more below the natural grade level adjacent to the starting point of the caisson hole, the rate shall apply at ground level, concrete specialist driller (core, diamond, or multiple nozzle & rod workers) sandblasters (nozzlemen), tunneling, underpinning excavation (when an underpinning is dug 8 feet or more, working in compressed air. RateSchedule D Caisson workers, bottom man, (See qualifications for top man in Schedule C above RateSchedule E, Blasters, Laborers engaged in unloading, placing, & assisting in the installation of well point systems or deep well systems as long as needed on the job Rate ScheduleF Asbestos Removal (certified), toxic waste removal, lead abatement

Article XVIII. Application of Tier I and Tier II Wage Schedules Section 1. Except as otherwise agreed to by the union on a job-by-job basis, all prevailing wage projects, work covered by a Project Labor Agreement or other Building Trades agreement, and work done at facilities which traditionally do not accept bids from non-union companies shall be bid at Tier I wage and Benefit Schedule I rates. Tier II wage rates and their accompanying benefit schedules may be applied on all other projects. Section 2. Except when fulfilling an employer request for apprentices, the Union shall refer only laborers to Tier I projects who have 4,000 hours or more of documented experience as construction craft laborers. If no such laborers are available for referral, then the Union may refer laborers with fewer than 4,000 hours of experience to the Tier I project. All laborers working at a Tier I project shall be paid in accordance with the Tier I wage schedule and the applicable benefit schedule. Article XIX. Fringe Benefit Option Section 1. The Union may, in its sole discretion, allocate the economic package in any manner that it deems appropriate between wages, fringes and checkoff funds. It shall be the responsibility of the Union to advise the Association or employer in writing of its decision to distribute the economic package as permitted at least thirty days before any such increase, where possible. Section 2. At the option of the Association, the Industry Advancement Fund may be increased during the life of this Agreement. Said increase shall be from the funds of the employer and in no way affect the employee base rate and fringes specified herein. Article XX. Industrial Fume Stacks. Laborers working on industrial fume stacks, silos, water towers, storage elevators or structures similar in design or purpose over fifty (50) feet in height shall be paid an additional twenty-five cents ($.25) per hour for each additional twenty (20) feet of height.

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Article XXI. Foremen and General Foremen. When eight (8) or more employees are employed by any employer on one job, Section 1. one of them shall be designated a foreman. The foreman shall be required to work unless otherwise assigned by the employer and shall not be required to supervise more than eighteen (18) employees. &general foreman's duties shall be that of general supervision over all work coming within the Laborers' jurisdiction. All orders to employees shall come from the foreman. All orders to foremen shall come from a general foreman except when no general foreman is required. In such cases, foremen shall take orders from the superintendent or the employer. All foremen and general foremen shall be members of the union. Foremen shall be paid $ 1.00 more than the highest paid employee under the Section 2. foreman's supervision. General foremen shall be paid not less than $ 1.00 more than the highest paid employee under the general foreman's supervision. Said premiums shall be considered part of the base wage rate. Article XXII. Fringe Benefit and Checkoff Funds Local 199 and 847 Health and Welfare Fund. All Employers bound by this Section I. Agreement shall be contribute such amount as has been allocated by the parties to the Local 199 and 847 Health and Welfare Fund, which will be administered in accordance with the applicable trust agreement, as amended or may be amended. Employers bound by this Agreement are also bound by the rules and regulations of the trust agreement, provided that such rules and regulations are not inconsistent with this Agreement. Local 199 and 847 Pension Fund. All Employers bound by this Agreement Section 2. shall contribute such amount as has been allocated by the parties to the Local 199 and 847 Pension Fund, which will be administered in accordance with the applicable trust agreement, as amended or may be amended. Employers bound by this Agreement are also bound by the rules and regulations of the trust agreement, provided that such rules and regulations are not inconsistent with this Agreement. Local 199 and 847 Annuity Fund. All Employers bound by this Agreement Section 3. shall contribute such amount as has been allocated by the parties to the Local 199 and 847 Annuity Fund, which will be administered in accordance with the applicable trust agreement, as amended or may be amended. Employers bound by this Agreement are also bound by the rules and regulations of the trust agreement, provided that such rules and regulations are not inconsistent with this Agreement. Local 199 and 847 Education and Training Fund: All Employers bound by Section 4. this Agreement shall contribute such amount as has been allocated by the parties to the Local 199 and 847 Training and Education Fund, which will be administered in accordance with the applicable trust agreement, as amended or may be amended. Employers bound by this Agreement are also bound by the rules and regulations of the trust agreement, provided that such rules and regulations are not inconsistent with this Agreement. Industry Advancement Fund. All Employers bound by this Agreement shall Section 5. contribute .8% (eight tenths of one percent) of the total base wage and fringe benefit package to the Industry Advancement Fund, which contribution shall be from the employer's own funds and not from the wage and fringe benefit package agreed to herein. The Fund shall be administered for purposes and under conditions as set out in useparate Employer Trust Agreement governing said fund. Employers bound by this Agreement are also bound by any rules or regulations

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contained in the Trust Agreement governing the fund. The fund shall not be used for any antiunion purpose. Section 6. Delaware Laborers'-Employers' Cooperation and Education Trust. (DE LECEDTe parties agree to establish DE LECET to provide a vehicle for union-management cooperation on issues of common interest. All Employers bound by this Agreement shall contribute such amount as has been allocated by the parties DE LECET, which will be administered in accordance with the applicable trust agreement, as amended or may be amended. Employers bound by this Agreement are also bound by the rules and regulations of the trust agreement, provided that such rules and regulations are not inconsistent with this Agreement. Section 7. Working Dues Checkoff. The employer agrees to deduct from a sum equal to 5% of the gross wage of each laborer (or such other sum as may be authorized by the District Council) who is working under this Agreement and who has signed a dues checkoff authorization form. The fund administrator shall forward the sums collected to the appropriate local union in accordance with procedures established thereby. Section 8. Organizing Dues (LEROF) Checkoff. The employer agrees to deduct the sum of $.25 cents per hour worked (or such other sum as may be authorized by the District Council) from the wages of each employee who signs an organizing dues checkoff authorization form for the Laborers' Eastern Region Organizing Fund. The fund administrator shall forward the sums collected to the Laborers' Eastern Region Organizing Fund in accordance with procedures established thereby. Section 9. Delaware LPL Checkoff. The employer agrees to deduct the sum of $.15 cents per hour worked (or such other m^^may be authorized by the District Council) from the wages of each employee who signs a checkoff authorization form for the Delaware Laborers' Political League. The fund administrator shall forward the sums collected to the Delaware LPL in accordance with procedures established thereby. Section 10. Vacation Fund. The Employee shall contribute to uVacation Fund for each hour worked by each journey person employee covered by this Agreement as required by the schedule of contributions to the Vacation Fund set forth in Article XVI hereof. The Vacation Fund shall be set up as individual employee accounts and is to be administered through the Local 199 and 847 Health and Welfare Fund. Payroll taxes on the Vacation Fund contributions are to be deducted at the source in the following manner: The Vacation Fund contribution shall be included in the gross pay and all required payroll taxes shall be deducted. After making the necessary payroll tuxdeducti000,the full contribution specified in Article XVI shall be deducted from net wages and forwarded to the Fund's offices with the other benefit fund contributions. Article XXIII. Contribution Procedures. Section 1. Contributions and checkoffs (provided checkoff forms have been signed) as set forth in this Agreement shall be made to the funds and entities established or recognized hereunder on behalf of all employees doing work covered by this Agreement regardless of union status or membership in a Laborers' local union not signatory hereto. All contributions and checkoffs paid by the employer shall be forwarded to the benefit funds in accordance with fund procedures. Section 2: In calculating contributions, all fractions of hours shall be paid as full hours. Overtime hours shall be paid at the straight time rate. Deductions for overtime hours shall be made at the straight time rate.

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The administrator of the benefit funds may deduct from the sums forwarded to Section 3. the LEROF, Delaware LPL and the unions an administration fee of `/s of 1 % (one-half percent) of the sums so forwarded. Article XXIV. Collection Procedures. All reports and Fund payments required under this Agreement are due by the Section 1. fifteenth day of the month following the period covered by such reports, and shall be accompanied by a common form to by supplied by the Funds. Said form shall contain such information concerning the details of payments and hours worked by covered employees as is necessary for the sound administration and operation of all Funds contained herein. A copy of said common form shall be sent with payment due to each Fund administrator. Reports and payments received in the office of the appropriate Fund Administrator after the fifteenth day of the month following the period covered are delinquent and shall be subject to liquidated damages of ten percent of the total amount due each Fund (minimum $10.00). When an employer initially becomes delinquent, and should the employer continue to be delinquent in his reports and payments to the Funds as herein mentioned, the Union shall have the right to withhold employees covered by this Agreement form the employer, and the employer shall, nevertheless, be obliged to continue the employees' wages and fringes at the straight time rate until such time as the delinquent reports and payments have been made in accordance with the above provisions, the no-strike clause of this Agreement notwithstanding, except: (1) No employee shall be withheld from any employer who is a member of the Association and who is bound to this Agreement through said Association under this section where the employer has posted a bond and/or deposited cash to secure his obligations to make reports and payments to the Funds as herein mentioned; provided so long as the amount of the bond so posted and/or cash deposited as security is sufficient to satisfy all arrearages, debts, deficits, and liquidated damages due the Funds by said employer, plus interest at three points over prime on said unpaid arrearages, debts, deficits, and liquidated damages; and (2) No employee shall be withheld from any employer who is a member of the Association and 'who is bound to this Agreement through said Association under this section until (a) the administrator of he Funds shall have first communicated by certified or registered mail, or by faxed notice with a delivery receipt, with said employer apprising him of the delinquency or arrearages, and a copy of said notification shall be sent to the Association and the Union, and (b) in the event that the said employer fails to satisfy his total obligation to the Funds within three working days following receipt of the delinquency notice from the office of the administrator of the Funds as herein provided, the Union shall have the right to withhold its employees as more fully set forth herein, and in such event the Union shall not be required to invoke or resort to the arbitration procedure specified in the Agreement, although it may do so as a remedy in addition to the within action. Section 2. Any employer who has been delinquent as defined herein to any Funds specified herein for two consecutive months shall make payments as specified herein to all Funds contained herein on a weekly basis until such time as the trustees and/or administrator of said Funds are satisfied that said employer can and will make said payments on a monthly basis without again becoming delinquent. All regulations and rules contained herein, including liquidated damages, strike provisions, and other enforcement action which would ordinarily apply to monthly payments shall apply to an employer who must pay weekly. Section 3. In the event that the trustees or administrator of any Funds herein deem same desirable, they shall have the right to an audit of the employer's payroll records in question covering employees working under this Agreement. Should initiation of enforcement action be

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required to collect arrearages, debts, deficits, or liquidated damages as specified herein, the delinquent employer shall also be responsible for paying any such collection expenses, including but not limited to, attorney and accountant fees incurred by the trustees, even though no legal actions are actually instituted.

Article XXV. Hours of Work, Overtime and Payment of Wages Section 1. Work Week. The work week shall commence at 12:01 AM Monday and end at 12:00 midnight the following Sunday. Section 2. Daily Straight Time Hours of Work. Eight hours shall constitute a day's work, and such shall be made between 8:00 AM and 4:30 PM Monday through Friday, unless a different agreement is reached between the employer and union. Straight time hours shall not exceed eight in any one day or forty hours in any one week. Section 3. Clean up and Tools. There shall be no changing of clothes or other preparation for beginning or quitting work either after said starting time or before said quitting time. Employees working in industrial plants shall be allowed adequate time to pick up their tools at the end of the work day. Said pick up time shall not exceed ten minutes. Section 4. Meal Breaks. The work day shall be interrupted by a meal period of one-half hour which shall begin four hours after the straight time hours of work begin on a given day. Except as otherwise provided herein, meal breaks are unpaid. Every shift shall have a meal break. Coffee Breaks. A fifteen minute break shall be allowed on the job between the Section 5. hours of 9:30 AM and 11:00 AM each day. Employees shall furnish their own coffee or other non-alcoholic beverage, and shall not be allowed to leave the vicinity of their station of work. When the foreman deems necessary, he shall designate one employee on the job to purchase coffee for all employees on the job. There shall be no lunch wagons, soft drink machines, coffee pots, stoves, hot plates, etc., on the job without the consent of the employer, and except as provided above, employees shall not be permitted to bring items to the job for sale to other employees. Section 6. Overtime. It is agreed that overtime is undesirable and not in the best interests of the industry or employees. Therefore, except in unusual circumstances, overtime shall not be worked. When unusual circumstances demand overtime, such overtime shall be kept at a minimum, but it is understood that an employee will work overtime when requested to do so, unless excused by the appropriate supervisor. The first two hours performed in excess of a standard work day, Monday through Friday, shall be paid at the rate of time and one-half. Compensation for work on Saturday up to two hours past the end of a work shift, will be paid at time and one-half. All work performed on Sunday, holidays and in excess two hours beyond a work shift, will be paid at twice the base wage rate. On any continuous work overtime lasting more than two hours beyond a work shift, a half-hour meal period shall be given with pay, and an additional half-hour meal period with pay shall be given every four hours worked thereafter commencing at the end of the last meal period, providing the overtime work continues after the time each meal period is due. The employer shall permit employees working on non-scheduled overtime a reasonable arrangement to obtain food. If employees are required to work through the meal period, they shall be permitted to eat " on-the-fly" without loss of pay for the time spent doing so.

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Make-up Days on Tier II Work. Section 7. (a) When. during the course of a normal workweek of eight hours days from Monday through Friday, 32 hours or less are worked strictly due to weather conditions or as otherwise mutually agreed by the Union and the Employer, the employing contractor has the option of working Saturday for 8 hours at straight time. (b) The followin g conditions must be satisfied for this Section to become effective: The sole reason for the loss of hours during the normal work week must be weather 1. conditions. Only those laborers who were employed during the work week of 32 hours or less on the 2. project where the Employer is requesting a make-up day shall be eligible to work the make-up day. The Employer shall not be allowed to bring laborers from other sites which are not working on a project utilizing the Saturday make-up day. All laborers employed on a project opting for a make-up day must be offered the 3. opportunity to work the make-up day. It is not mandatory for a laborer to work on a make-up day and it is at their choice and 4. discretion. No negative actions or retribution shall occur against any laborer who opts not to work the make-up day. The make-up hours shall be paid in the same pay period as the preceding Friday. 5. The Business Agent of the local union shall be notified as soon as the Employer decides 6. to utilize a make-up day and must concur in its appropriateness, which concurrence shall not be unreasonably withheld. Make-up days shall not be allowed on Tier I work. 7. Section 8.Holidays and Sundays: The following holidays shall be observed, and when work is performed thereon , or on Sundays. it shall be paid for at twice the base wage rate: New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. There shall be no work performed on Labor Day except to protect or save life or property. Holidays specified in this Section shall be celebrated in accordance with the Federal Monday Holiday Act, PL 90-363, Section 6103, Title I, Chapter 5, Section 501 of the Delaware Code. (Holidays Falling on Saturday shall be observed on the preceding Friday, and holidays falling on Sunday shall be observed on the following Monday.) In the event that the Building and Construction Trades Council of Delaware should by majority vote declare general election day as it biennially occurs as a nonworking holiday for the building and construction trades, said declaration shall be binding on the Association and the Union. In that event the Association agrees that employers will not work on that day except on emergency type jobs. In such event, only those employees who actually do work on that day on emergency type jobs shall be paid, said payment to be at the straight time base wage rate for the regular straight time hours of work.

Article XXVI. Shift Work Pre-shift work. Employees engaged in preparatory work for brick work, Section 1. plastering work, and stone work, shall be permitted to start work one-half hour earlier and work one-half hours later than the normal straight time hours of work, provided they receive overtime pay for any work done over eight hours per day. Shift work. If the employer so elects, he may work either two or three shifts in a Section 2. twenty-four hour period. When the employer assigns employees to shift work, he shall work them three same shift periods, excluding Saturday and Sunday, or he shall pay them three shift periods. However, employees manning salamanders shall not be subject to the three day rule. All shift work shall be between midnight Sunday and midnight Friday. When two shifts of eight

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hours or less .are employed, they shall be of equal duration and at the same rate. When three shifts are employed, the first shift shall begin at midnight, shall work seven hours, and shall receive eight hours pay. The second shift shall be the regular straight time hours of work from 8:00 AM to 4:30 PM, shall work eight hours and shall receive eight hours pay. The third shift shall begin at 4:30 PM, shall .work seven hours and shall receive eight hours pay. Shift work performed on holidays specified herein, Saturdays, Sundays, or beyond the regular shift hours shall be paid at the overtime, holiday or Sunday rates, as applicable, specified in this Agreement. Article XXVII. Cancelled or Interrupted Work Days. Section 1. When an employee is directed to report for work to a job or an employer's shop, whichever he has been directed to report to by the employer, and he is not directed to start work by the employer due to weather conditions, he shall receive no reporting pay. After being directed to start work by the employer, an employee shall be paid for the time that he actually worked on the job at the straight time base wage rate, but in no event less than two hours, unless work is stopped due to weather conditions. However, an employee who works four hours in any one day shall be paid for eight hours. The employer shall have sole responsibility to determine the availability of work due to weather conditions, and employees should contact the employer if weather is in question. When the conditions set forth herein occur on an overtime or shift work day, the overtime or shift work rate shall be applied. Section 2. When an employer call for employees to work in the morning of the day they are needed on the job, those employees shall receive no less than eight hours pay. When an employer call for employees to work in the afternoon of the day they are needed on the job, those employees shall receive no less than four hours pay. Article XXVIII. Payment of Wages. An itemized statement identifying the employer and showing the hours worked, Section 1. wa ges earned, and all tax and other deductions made shall accompany the net wages paid. All deductions shall be listed separately. The employer may withhold five days pay in order to make up the payroll. Employees shall be paid prior to quitting time, pay day, which shall be not later that quitting time Friday. Once a pay day is established, it shall remain the same day for the duration of the job, except if a two-week notice of change is furnished by the employer to the Union. Section 2. All wage and fringe payments shall be made by check, except when the Union has cause to doubt the financial responsibility of the employer. In such cases, wage payments shall be in cash. Employers who pay by check shall make arrangements as to how and where checks are to be cashed. Section 3. When an employee who has been employed for more than two days on any one job is laid off or discharged, he shall be paid immediately and allowed thirty minutes to pack his tools. Section 4. When, through no fault of their own, employees are not paid by quitting time on pay day, or when laid off or discharged, they shall be paid waiting time until paid at the straight time base rate, except when the delay is for reasons beyond the employer's control, e.g. robbery or accident. Section 5. Employees who quit on their own accord shall wait to be paid until the next regular pay day.

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Employees shall be paid for the entire day at the highest rate worked that day. Section 6. The Employer agrees to file Prevailing Wage Surveys with the appropriate state Section 7. and federal agencies for all work performed under this Agreement. Article XXIX. Working Conditions. Change House: The employer shall provide a suitable, lighted, and comfortably Section 1. heated place in which employees covered herein may change their clothing and eat lunch. During the winter months, heat shall be provided so that employees may from time to time obtain relief from the cold. Clean lavatories shall also be provided by the employer. Drinking water: The employer shall furnish suitable drinking water in vessels Section 2. with a faucet and individual disposal drinking cups for employees working under this Agreement. Ice shall be furnished between May 1 and November 1. The cleaning, filling, and distribution of all drinking containers shall be the work of employees covered herein. Physical Exams: Employees shall take a physical exam as a condition of Section 3. employment when required by the employer. In such cases, the cost of the exam shall be paid by the employer. Production Limits: There shall be neither a limit on production by employees Section 4. nor any restriction on the full use of tools or equipment. There shall be no restriction, other than may be required by safety regulations, on the number of employees assigned to any crew or to any service. Such decisions rest with the employer_ Slow downs, standby crews, and feather bedding practices of any kind shall not be tolerated, which means that all working hours shall be productive hours. The employer shall not be required to employ personnel just to observe equipment, machines or an operation. No equipment, machine or operation shall be manned unless physical attendance is necessary to such equi