Masonry Magazine September 1974 Page. 18
MCAA Information
(Continued from page 17)
c. The Local Union and the Employer shall post in places where notices to employees and applicants for employment are customarily posted, the provisions relating to the functioning of this hiring agreement. In all other areas the Employer and the Local Union shall agree upon the hiring procedures.
ARTICLE VII / Local Agreements
a. When the Employer enters an area, other than the area within the jurisdiction of his local MCAA Chapter, where wages and working conditions have been negotiated through bona fide collective bargaining, the Employer will be presented with such evidence by the Local Union and the Employer will be bound by the terms and conditions of such agreement. Where the local agreement requires employer contributions to a trust or trusts which meet the requirements of Section 302 of the Labor Management Relations Act of 1947, 29 USC 186, and all proper Canadian national and provincial regulations where applicable, the employer will be presented with a copy of the trust agreements and declarations of trust and the Employer hereby agrees: to accept and be bound by the terms, conditions and provisions of said agreement; to make the contributions called for by said agreements at the rate and in the manner specified therein: to irrevocably designate as his representatives on the boards of trustees of said trust such trustees as are named in said agreements as employer-trustees, together with their successors selected in the manner provided in said agreements; to be bound by all actions taken by said trustees pursuant to the said agreements.
b. After the Employer's operation has commenced in an area, other than the area within the jurisdiction of his local MCAA Chapter, where wages and working conditions have been negotiated through bona fide collective bargaining, no subsequent change in wages or working conditions in such area will become effective insofar as the Employer is concerned, except to the extent that any such change in wages or working conditions may have been agreed upon in negotiations between the Local Union having jurisdiction over the area and a recognized bargaining agency of contractors in such area. Employer agrees to accept the new wage rates and working conditions so agreed upon and pay rates retroactively to either the effective date so agreed upon or to the termination date of the agreement which was in effect at the commencement of the Employer's operation in such area, whichever is earlier. Pending completion of such local agreement, there shall be no stoppage of work on Employer's projects by the Union or any lockout by Employer by reason of any dispute over wages or working conditions which may occur between such Local Union and contractors other than the Employer. In the event an Employer enters an area, other than the area within the jurisdiction of his local MCAA Chapter, in which an MCAA Chapter is part of the recognized bargaining unit, during a work stoppage growing out of a collective bargaining negotiation between the local and the employer group including the MCAA Chapter, the question of whether this Article shall continue to govern the operation of that Employer shall be referred to the Union and the Association for amicable decision.
c. When the Employer enters an area, other than the area within the jurisdiction of his local MCAA Chapter, where no wages or working conditions have been established or are presently in force, the Local Union and the Employer will negotiate the wages and such working conditions as are necessary and reduce their understanding to writing.
ARTICLE VIII / Subcontracting
The Employer agrees to refrain from subletting any work covered by this Agreement to be done at the site of a construction project, except where such subcontractor subscribes and agrees in writing to be bound by the full terms of this Agreement and complies with all of the terms and conditions of this Agreement.
ARTICLE IX / No Strike, No Lockout
It is understood that there shall be no strikes or lockouts over a dispute concerning this Agreement during its terms until the grievance procedures described in Article X have been exhausted. This Article does not apply in those cases where an Employer fails or refuses to pay wages and/or all bargained fringe benefits that have been established through bona fide collective bargaining.
ARTICLE X / Grievance Machinery
Where a local agreement is applicable as provided in Article VII and where such agreement provides procedures for handling of grievances other than those of a jurisdictional nature without strikes or lockouts, such procedures shall be the means by which grievances shall be handled. In the absence of such a grievance machinery in the local agreement or where the local grievance procedures machinery does not produce a final binding settlement the matter shall be adjusted as provided below: The Union and the Association agree that in cases of disputes, differences or misunderstandings concerning this agreement or a local agreement applicable as provided in Article VII not resolved through the local grievance machinery there shall be no strike or stoppage of work until said dispute or misunderstanding has been referred to the International Office of the Union for amicable adjustment between that office and the Executive Office of the Association. It is expressly understood between the parties hereto that the procedure for adjustment set out in this Article X is exclusive and supersedes any other plan, method or procedure.
ARTICLE XI / Savings Clause
If any provision of this Agreement shall violate any applicable statute or is held invalid by any court or governmental agency having jurisdiction, then such provision shall be void and the Association and the Union agree that upon a ruling of invalidity they will renegotiate immediately to replace the voided provisions with one that incorporates the substance of that provision to the extent allowable under the law and providing such invalidity shall not affect the validity of the remainder of this Agreement. It is further understood that no liability shall arise on the part of the Association by reason of any unauthorized acts by any of its officials, employees, or member firms. All such unauthorized acts shall be brought to the immediate attention of the Association. Exemption from liability shall not be contingent upon notification. It is further understood that no liability shall arise on the part of the Union herein by reason of any unauthorized act by any employee of any Local Union or official thereof affiliated with the International Union. All such unauthorized acts shall be brought to the attention of the Union. Exemption from liability shall not be contingent upon notification.
ARTICLE XII / General Understanding
The Union agrees to cooperate with members of the Association in meeting conditions peculiar to the job on which it may be engaged. It will at all times meet and confer with the Association, and similarly, the Association will at all times meet and confer with the Union respecting any questions or misunderstandings that may arise under the performance of this Agreement. The procedures for dispute settlement provided herein, except as otherwise specified, shall be exclusive. Any provision of a local or area collective bargaining agreement which may be in conflict with the provisions contained in this agreement shall be subordinated to this agreement.
Signed on behalf of
MASON CONTRACTORS ASSOCIATION OF AMERICA
David B. Soloff, Jr., President; Charles F. Velardo, Vice President; Robert Ebeling, Secretary; Robert Harrison, Treasurer
Signed on behalf of
BRICKLAYERS, MASONS & PLASTERERS INTERNATIONAL UNION OF AMERICA
Thomas F. Murphy, President; James F. Richardson, Vice President; John T. Joyce, Secretary; Edward M. Bellucci, Treasurer
masonry
• September, 1974