SHIFT PROVISIONS FOR CARPENTER AND RELATED TRADES IN · who come off work on Monday morning at 8:00...

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ST ATE OF CALIFORNIA Ednumd G. Brown, Jr., Governor DEPARTMENT OF INDUS1RIAL RELATIONS Office of the Director - Research Unit 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 MAILING ADDRESS: P. 0. Box 420603 Sa n Frrmd sco, CA 94142-0603 SHIFT PROVISIONS FOR CARPENTER AND RELATED TRADES CARPENTER AND RELATED TRADES (SECOND SHIFT) CARPENTER AND RELATED TRADES (THIRD SHIFT) IN ALAMEDA, ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, CONTRA COSTA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIPOSA, MARIN, MENDOCINO, MERCED, MODO C, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN FRANCIS CO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO, AND YUBA COUNTIES. Not e: The shift provisions provided in the following pages provide guidance on the work hours that are applicable to each shift. Shift differential pay is required and will be enforced during each applicable shift where shift differential pay is in the detenninations. Any shift provision restricting the work hours for a pa1ticular shift for a type of work will not be enforced on public works. However, if work is perfonned during hours typically associated with a 2°d or 3rd shift the appropriate shift rate of pay is required. Shift differential pay shall not apply to work during traditional shift hour (swing or grave) if the detennination includes a footnote that indicates that the non-shift rate may be paid for a special single shift. Please note the exemptions in Califomia Code of Regulations Section 16200 (a)(3)(F) do not waive the shift differential pay. These regulat01y exemptions only apply to ove1time pay. Overtime shall be required in accordance with the detem1ination and Labor Code Section 1810 through 1815. 23-31-1

Transcript of SHIFT PROVISIONS FOR CARPENTER AND RELATED TRADES IN · who come off work on Monday morning at 8:00...

ST ATE OF CALIFORNIA Ednumd G. Brown, Jr., Governor

DEPARTMENT OF INDUS1RIAL RELATIONS Office of the Director - Research Unit

455 Golden Gate Avenue, 9th Floor

San Francisco, CA 94102

MAILING ADDRESS:

P. 0 . Box 420603 San Frrmd sco, CA 94142-0603

SHIFT PROVISIONS

FOR

CARPENTER AND RELATED TRADES CARPENTER AND RELATED TRADES (SECOND SHIFT) CARPENTER AND RELATED TRADES (THIRD SHIFT)

IN

ALAMEDA, ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, CONTRA COSTA, DEL NORTE, EL DORADO, FRESNO, GLENN,

HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIPOSA, MARIN, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA,

NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA,

SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE,

YOLO, AND YUBA COUNTIES.

Note: The shift provisions provided in the following pages provide guidance on the work hours that are applicable to each shift. Shift differential pay is required and will be enforced during each applicable shift where shift differential pay is in the detenninations. Any shift provision restricting the work hours for a pa1ticular shift for a type of work will not be enforced on public works. However, if work is perfonned during hours typically associated with a 2°d or 3rd shift the appropriate shift rate of pay is required. Shift differential pay shall not apply to work during traditional shift hour (swing or grave) if the detennination includes a footnote that indicates that the non-shift rate may be paid for a special single shift. Please note the exemptions in Califomia Code of Regulations Section 16200 (a)(3)(F) do not waive the shift differential pay. These regulat01y exemptions only apply to ove1time pay. Overtime shall be required in accordance with the detem1ination and Labor Code Section 1810 through 1815.

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. RECEIVED Department of lnaustrial Relations

JUN 1 3 2014

Office of the Oirector·Resea1icu 4·2019 CEA/CARPENTERS MASTER LABOR AGREEMENT

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding entered into this 3T"t/. day of 1"1,A.fU.1 . 2014, extends the current Master Labor Agreement between the Construction Employers' Association (CEA) and the Carpenters 46 Northern California Counties Conference Board through June 30, 2019 and provides the following modifications to the 2011-2015 CEA/Carpenters Master Labor Agreement:

I. Term of Agreement:

Agreement shall be effective July 1, 2014 through June 30, 2019.

X. Amend Appendix F (Highway Addendum) Section 9 (Shift Work) as follows:

Section 9 (Shift Work)

For public projects advertised and private projects bid or negotiated on or after September 1. 2014. when a job site access has been limited by the construction user, a special shift may be established during off hours, Monday through Friday, when F9EtYiFed ae a •••dill•• ol oeeu,ing wo,k the lndiYldual emplo~es evidence in writing

2014 ·2019 caa ca,penae,s memoranoum or ~ing • c1aan - 5-30-14 j {J? 5 Initials: . J1t

to the approprJata Local Yoion or the YoJon of a bQoa fide Job raquJrement which certifies that work can only be done outside the normal shift hours. The lndMdual Empleyer may pay eigl=lt (8) l=lewrs pay fer elgl=lt (8) l=leurs werk en suGh shift. ~ performed during special shifts shall be paid at the wage rate of 12,50/o premlum pay, Work in excess of eight (8) hours shall be subject to the overtime provisions of the Agreement.

Provided. however, it, by direction of the Contracting Authgclty, the bid specifications require It, or congestive traffic conditions on Fridays are such that working conditions would be unsafe Joe 1roPIPY@es. or couotec·erodyctjye to the performance ot work. She soecjat 1biU may commence 20 §ungay with double (2) time to be paid trom s;oo p.m, saturgay ve to ang ioGlug;pa s;oo e,ro, sungav ang shall be e,ig at the wage rate of 12.s% premium pay from s;oo e,ro, Sunday yntn c0ro0Jtti0o of the 11°bt (§}·b04c spaciai shift, !1 suggay 1, the ftrst gay 01 the workweek as provided baralo, an hours worked betwaan s:oo p.m. Friday and B;QQ p.m, Saturday shan be paid at time and one-half (1-1(2).

No special shift shall be established or started for less than three (3) days duration unless the contracting authority specifies work tasks of only one (1) or two (2) days duration. Work performed during special shifts of less than three (3) days duration shall be paid at the wage rate of 12.5% premium pay for a minimum of eight (8) hours. If as a result ef werklng &YGl=I speGial shift(s} a &ridge 8uilder1Mighway CarpeRter le&es the epperbmlty te 'Nerk his/her regular werk week then all werk perfermed en suGh speGial sl=lift(s) shall be paid at the nermal evertime rate.

2011 a2015 CEA/CARP.ENTERS MASTER LABOR AGREIE~'iENT

ME:MORANDUM OF UNDERSTANDING '~: . ft.. This Memorandum of Understanding entered into this Ji__ day of . r~, 2011, exten:cls the current Master Labor Agreement between the Construction Employers' Association (CEA) and the Carpenters 46 Northern California Counties Conference Board through.June.30;-2015;and provides the following modifications to the 2007-2012 CEA/Carpenters Mastertabor Agreement:

I. Term of Agreement

Agreement shall be effective May 18, 2011 through June 30, 2015.

Jun-07-07 03:13pm From-Carpenters 46 N.California 510 430 8431 T-582 P.004/016 F-654

.. . 2007-2012 CEA/CARPENTERS MASTER l..ABOR AGREEMENT

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding entered Into this ~ day of Alf ,4,, ~ , 2007, extends the current Master Labor Agreement between the Construction Em~sociation (CEA) and the Carpenters 46 Northam California Counties Conference Board through June 30, 2012 and provides the following modifications to the 2003 .. 2000 CEA/Carpenters Master Labor Agreement:

I. · Term of Agreement:

Agreement shall be effective July 1, 2007 through June 30, 2012.

' if.n . ·1 Initials:· J~ .... "; 1

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REce,veo Department of Industrial R I I' ea ions

AUG l 1 2004

Div. of laboChr, Sft?tistic! & Research ie s Office

2003-2008

CARPENTERS' MASTER AGREEMENT

Between

CONSTRUCTION EMPLOYERS' ASSOCIATION OF CALIFORNIA

and

CARPENTERS' 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD

of the

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA (AFL-CIO)

: ~

SECTION23 SHIFT WORK

Shift work can only be established upon prior notice from the individual employer to the Union and shall be performed as follows:

Except as provided below, where multiple shifts are worked, if the individual employer elects to work the day shift between the hours of6:00 A.M. and 5:30 P.M., that shift shall work eight (8) hours and for such work they shall be paid the regular straight time rate for eight (8) hours; the second shift shall work seven and one-half (7-1/2) hours, and for such work they shall be paid the regular straight time rate for eight (8) hours; if a third shift is worked, they shall work seven (7) hours and for such work they shall be paid eight (8) hours regular straight time pay. No multiple shift shall be established or started for less than three (3) consecutive work days.

On tenant improvement or renovation projects in occupied buildings with a total contract value of five (5) million dollars or less, the individual employer may perform multiple shift operations on the basis of eight (8) hours pay for eight (8) hours work on all shifts at the regular straight­time rate.

, . -' Overtime rates shall be paid for all hours worked on the second: or third shift if less than three (3)

, /-_/ consecutive days are worked. The provisions ofthi_s Section 23 with regard to rates of pay for , shift work shall apply solely to the portion of the job which requires shift operations.

When it is a condition of securing the work, a special single shift may be established that will be for no less than three (3) consecutive days, for off hours between Monday and Friday, and will allow for eight (8) hours pay for eight (8) hours work. Work in excess of eight (8) hours per day shall be subject to the overtime provisions of this Agreement.

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All work in excess of eight (8) hours on Saturday and all work on Sundays and holidays shall be double time.

· Payments or contributions to each of the Trust Funds provided for in this Agreement shall be based on hours worked or paid for, which include contributions for eight (8) hours per shift. No payment or contribution shall be computed at the rate of time and one-half or double the required rate of payments or contributions per hour, nor shall any such payments or contributions be considered part of the hourly wage rate for the purpose of computing overtime, either under this Agreement, the Fair Labor Standards Act, the Walsh-Healey Act or any other law.

On shift work (a) workers working a shift who come off work on Saturday morning at 8:00 A.M., are to be considered working Friday; (b) workers working a shift who come off work on Sunday morning at 8:00 A.M., are to be considered working Saturday; and (c) workers working a shift who come off work on Monday morning at 8:00 A.M., are to be considered working Sunday.

All regularly scheduled shift work performed on Saturday, Sunday and holidays, shall be in accordance with the overtime rates herein specified. All such work shall be performed under terms and conditions of this Section :23 as to hours worked and rate of pay.

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MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding entered into this 10th day of August, 2007, extends · the current Master Labor Agreement between the Millwright Employers' Association

{MEA) and the Carpenters 46 Northern California Co.unties Conference Board through June 301 2012. and provides the following modifications to Appendix B of the 2007-2012 CENCarpenters Master Labor Agreement.

All other terms and conditions contained in Appendix 8 of the 2003~2008 Master Labor Agreement by and between the Millwright Employers· Association and the Carpenters 46 Northe C ifomla Counties Confarenoe Board shall remain unchanged.

Millwright's ton #102 Date

~~-A~AA. BJr'wright Emp ~n Date

TOTAL P.02

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APPENDIX F CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES

BRIDGE STRUCTURE AND lllGHW AY RELATED ADDENDUM TO THE 2003-2008 CEA-CARPENTERS

MASTER AGREEMENT

Notwithstanding the working rules and conditions of the 46 Counties Carpenters Master Agreement, tho following special terms and conditions shall apply to Highway work as descnbed herein.

The Carpenters 46 Northern California Counties Conference Board, for and on behalf of its affiliates, agrees to the following Addendum to the above Agreement:

Ju l-18-08 09:43am From-Carpenters 46 N.Ca lifgrnia 510 430 8431 T-240 P.003/004 F-552

NORTHERN CALIFORNIA HIGHWAY ADDENDUM

It is agreed to by and between the Construction Employers Assoclatlon {CEA) and the Carpenters 46 Northern California Counties Conference Board (Union). that, In order to make the language in the Collective Bargaining Agreement consistent with the Intent of the parties, the Bridge Structure & Related Highway Addendum (Addendum) shall be amended as follows:

Change the Appendix title to:

''Carpenters 46 Counties Northern Callfornia Counties Highway Addendum to the 2007-2012 Carpenters Master Agreement•.

Change Bridge Builder classification references :

Replace references to "Bridge Builder Carpenters" with "Bridge Builder/Highway Carpenters".

Effective date:

These changes and modifications shall be effective on pypllc works projects bid on or after the date that the Bridge Builder/Highway Carpenter base wage rate has been adopted by the DIR.

The parties agree to Jointly submit this document to the California Department of Industrial Relations as evidence of the Intent of the bargaining parties as to effect

- --- - - - ~ c-01-re-ctron·s1rrthe-general--prevelling-wage-deter:miRatlon-for-.the-Br:f dge--8.uild.erLJ:ligbw.a.Y.- ~-- - ­Carpenter· classification ..

Carpenters 46 Northern California Counties Conference Board

Date: 2/lff - - . - . . . ·- - . - -· -..

By:~__//~~ Date: Michael Walton, Secretary

l;shate/agreementa&l.OUslCEI\HlghwayAddenduml.OU.doc