VOICE-DATA-VIDEO AGREEMENT

BETWEEN THE

ALLENTOWN DIVISION PENN-DEL-JERSEY CHAPTER

NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION

AND

LOCAL UNION NO. 375 ALLENTOWN, PENNSYLVANIA

OF THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

JUNE 1, 2018 - MAY 31, 2021

TABLE OF CONTENTS

Introduction, Scope and Basic Principles 3 - 4

Article I Effective Date/Changes/Grievances/Disputes 5 - 6

Article II Employer Rights/Union Rights 6 - 10

Article III Hours/Wages/Working Conditions 10 – 16

Article IV Referral Procedures 16 - 20

Article V Healthcare Plan 20

Article VI Apprenticeship Training 20 - 23

Article VII Retirement Plan 23 - 24

Article VIII Wage Deductions 24 - 26

Article IX National Electrical Industry Fund 26

Article X Administrative Fund 26 - 27

Article XI National Labor Mgmt. Cooperation Committee (NLMCC) 27 - 28

Article XII Local Labor-Management Cooperation Committee (LMCC) 28 - 29

Article XIII Joint Promotional Fund 30

Article XIV Substance Abuse 30

Article XV Code of Excellence 30 -31

Article XVI Separability Clause 31

Signature Page 32

Appendix A Classification Definitions 33 – 34

AGREEMENT

Agreement by and between the Allentown Division Penn-Del-Jersey Chapter, National Electrical Contractors Association (NECA) and Local Union No. 375, I.B.E.W.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term, “Chapter” shall mean the Allentown Division Penn-Del-Jersey Chapter, N.E.C.A. and the term “Union” shall mean Local Union No. 375, I.B.E.W.

The term “Employer” shall mean an individual firm who has been recognized by an assent to this Agreement.

SCOPE

The work covered by this Agreement shall include the installation, testing, service, and maintenance of all VDV systems which utilize the transmission and/or transference of voice, sound, vision, or digital for commercial, education, security, and entertainment purposes for the following: TV monitoring and surveillance, background/foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multimedia, multiplex, nurse call systems, radio page, school intercom and sound systems, burglar alarms, and low-voltage master clock systems.

I. This agreement specifically includes the following work:

A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS 1. Background/foreground music 2. Intercom and telephone interconnect systems 3. Telephone systems 4. Nurse call systems 5. Radio page systems 6. School intercom and sound systems 7. Burglar alarm systems 8. Low-voltage master clock systems 9. Multimedia/multiplex systems 10. Sound and musical entertainment systems 11. RF systems 12. Antennas and wave-guide

B. TELEVISION AND VIDEO SYSTEMS 1. TV monitoring and surveillance systems 2. Video security systems 3. Video entertainment systems 4. Video educational systems 5. Microwave transmission systems 6. CATV and CCTV

C. SECURITY SYSTEMS 1. Perimeter security systems 2. Vibration sensor systems 3. Card access systems 4. Access control systems 5. Sonar/infrared monitoring equipment

D. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE-LISTED SYSTEMS (IN THE “SCOPE”)

1. SCADA (Supervisory Control and Data Acquisition) 2. PCM (Pulse Code Modulation) 3. Inventory control systems 4. Digital data systems 5. Broadband and baseband and carriers 6. Point-of-sale systems 7. VSAT data systems 8. Data communication systems 9. RF and remote-control systems 10. Fiber-optic data systems

BASIC PRINCIPLES

The Employer and the Union have a common and sympathetic interest in the Electrical Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. Progress in industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational common sense methods. Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:

ARTICLE I EFFECTIVE DATE/CHANGES/GRIEVANCES/DISPUTES

EFFECTIVE DATE: Section 1. This Agreement shall take effect June 1, 2018 and shall remain in effect until May 31, 2021 unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter from June 1 through May 31 of each year unless changed or terminated in the way later provided herein.

CHANGES:Section 2. Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.

(a) Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

(b) The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.

(c) Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this Agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this agreement or any subsequent anniversary date. The Council’s decisions shall be final and binding.

(d) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(e) Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 3. This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.

Section 4. There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.

GRIEVANCES/DISPUTES:Section 5. There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives.

Section 6. All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee.

Section 7. All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.

Section 8. Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council’s decisions shall be final and binding.

Section 9. When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

ARTICLE II EMPLOYER RIGHTS/UNION RIGHTS

Section 1. Members of the Union, except those meeting the requirements of “Employer” as defined herein, shall not contract for any Voice-Data-Video (“VDV”) work.

Section 2. The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical/VDV Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement, and the Union shall immediately notify the Employer of any such concession.

Section 3. Only one member of a firm (Employer) shall be permitted to work with the tools, and then only when at least one Journeyman/Senior Technician is employed. Any such working member of the firm (Employer) must work only as a Journeyman/Senior Technician. Before undertaking any such work, working members must agree to abide by all working conditions required by this Agreement.

MANAGEMENT RIGHTS: (a) The Union understands the Employer is responsible to perform the work required by

the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union’s geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employer’s and/or owner’s rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause.

NON-RESIDENT EMPLOYEES:(b) An Employer signatory to a collective bargaining agreement or to a letter of assent

to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that Local Union’s jurisdiction into this Local’s jurisdiction and up to two bargaining unit employees per job from that Local’s jurisdiction to this Local’s jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations.

FOREMAN CALL-OUT BY NAME (c) The employer shall have the right to call a foreman by name provided:

(1) The employee has not quit his previous employer within the past two weeks.

(2) The employer shall notify the Business Manager in writing of the name of the individual who is to be requested for employment as a foreman. Upon such request, the Business Manager shall refer said foreman provided the name appears on the highest priority group.

(3) When an employee is called as a foreman, he must remain as a foreman for 1,000 hours or must receive a reduction in force.

Section 4. All employees who are members of the Union on the effective date of this Agreement shall be required to remain members of the Union as a condition of employment during the term of this Agreement. New employees shall be required to become and remain members of the Union as a condition of employment from and after the thirty-first day following the dates of their employment, or the effective date of this Agreement, whichever is later. The Employer recognizes the Union as the exclusive representative of all its employees performing work within the jurisdiction of the Union for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment.

DEFINITIONS

Section 5. Certain qualifications, knowledge, experience and financial responsibility are required of everyone desiring to be an Employer in the Electrical Industry. Therefore, an Employer who contracts for VDV work is a person, firm or corporation having these qualifications and maintaining a place of business and a suitable financial status to meet payroll requirements.

Section 6. For all employees covered by this Agreement the Employer shall carry Worker’s Compensation Insurance with a company authorized to do business in this state, Social Security and such other protective insurances as may be required by the laws of this state, and shall furnish satisfactory proof of such to the Union; he shall also make contributions to the Penna. Unemployment Compensation Commission.

Section 7. The Union reserves the right to discipline its members for violations of its laws, rules and agreements.

Section 8. This Agreement does not deny the right of the Union or its representative to render assistance to other labor organizations by removal of its members from jobs when necessary when the Union or its proper representative decide to do so, but no removal shall take place until notice is first given to the Employer involved.

Section 9. Any employee exercising such right shall carefully put away all tools, materials, equipment, or any other property of the Employer in a safe manner. Each employee will be responsible for any loss to the Employer for neglect in carrying out this provision but only when a safe place is provided for by the Employer.

ANNULMENT/SUBCONTRACTING: Section 10. The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of Paragraph 2 of this Section, will be sufficient cause for the cancellation of his Agreement by the Local Union, after a finding has been made by the International President of the Union that such a violation or annulment has occurred.

Section 11. The subletting, assigning, or transfer by an individual Employer of any work in connection with electrical work to any person, firm, or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting, or repair of a building, structure, or other work, will be deemed a material breach of this Agreement.

(a) All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be processed in accordance with the provision of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

(b) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint venture, wherein the Employer, through its officers , directors, partners, or stockholders, exercised either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

(c) As a remedy for violations of this Section, the Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement.

(d) If, as a result of violations of this Section, it is necessary for the Union and/or the trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection (c) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants’ and attorneys’ fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

Section 12. The Employer agrees to notify the Business Manager of the Local Union of the receipt of all contracts within its jurisdiction.

Section 13. Any IBEW labor when requested from the Local Union for the purpose of modular or industrialized housing shall be through an electrical/VDV contractor.

ARTICLE III HOURS/WAGES/WORKING CONDITIONS

Section 1.(a) Eight (8) hours work between the hours of 7 a.m. and 4:30 p.m. with not more than thirty (30) minutes for lunch period shall constitute a workday unless changed by mutual consent by the Employer and the Local Union. Forty (40) hours within five (5) days – Monday through Friday inclusive, shall constitute the workweek.

(b). The Employer, with 24-hour prior notice to the Union, may institute a workweek consisting of four consecutive 10-hour workdays between the hours of 7 a.m. and 6 p.m., Monday through Thursday, with one-half hour allowed for a lunch period. Friday may be used as a make-up day, and if utilized, a minimum of eight hours must be scheduled. After 10 hours in a workday, or 40 hours in a workweek, overtime shall be paid at a rate of 1 ½ times the regular rate of pay.

Section 2. All overtime hours outside the regular eight (8) hour day shall be paid for at time and one-half (1 ½), Monday through Saturday. All other overtime, including Sundays and the following holidays: New Year’s Day, Memorial Day, Fourth of July, Good Friday, Labor Day, Veteran’s Day, Thanksgiving Day, Christmas Day or days celebrated as such shall be paid for at double the regular straight time rate of pay.

SHIFT WORK: (a.) When so elected by the contractor, multiple shifts of eight (8) hours for at least

five (5) days’ duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen on the “day shift” shall be paid at the regular hourly rate of pay for all hours worked.

The second shift (swing shift) shall consist of eight (8) consecutive hours worked between the hours of 4:30 P.M. and 1:00 A.M. Workmen on the “swing shift” shall be paid at the regular hourly rate of pay plus $3.00 per hour for all hours worked.

The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the hours of 12:30 A.M. and 9:00 A.M. Workmen on the “graveyard shift” shall be paid at the regular hourly rate of pay plus $4.00 per hour for all hours worked.

The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in order to meet the needs of the customer.

If the parties to the Agreement mutually agree, the shift week may commence with the third shift (graveyard shift) at 12:30 A.M. Monday to coordinate the work with the customer’s work schedule. However, any such adjustment shall last for at least five (5) consecutive days’ duration unless mutually changed by the parties to this agreement.

An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required before the established start time and after the completion of eight (8) hours of any shift shall be paid at one and one-half times the “shift” hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

Section 3. When two or more shifts are employed each shift must have a complete change of personnel.

Section 4. The Employer shall notify the Business Manager or his representative when shift work is started.

Section 5. No work shall be performed on Labor Day, except in case of emergency and then only after the Business Manager of the Union grants permission.

Section 6. Effective June 1, 2015 the minimum hourly rate of wages shall be as follows:

Note: Effective on the negotiated contract dates, the increases may be allocated to the existing wage/fringe benefits at the option of the Local Union.

The following increases will be allocated at a later date: $0.53 $1.31 $1.34 06/01/18 12/01/18 06/01/19 06/01/20

Section 7. On all work where workmen are required to work at a height where there is a free fall of fifty (50) feet or more, the rate of pay shall be 5% over the Journeyman/Senior Technician’s hourly rate for actual time worked.

On underground tunnels, shafts or in areas where gas masks or respiratory equipment is required, the rate of pay shall be 5% over the Journeyman/Senior Technician’s hourly rate for actual time worked.

When employees are directed to work in hazardous areas, all available information regarding the dangers and necessary precautions shall be made available to the employees before work begins.

Section 8. Wages shall be paid weekly not later than quitting time on Wednesday, and not more than three days wages may be withheld at any time. In the event he is not paid his wages, waiting time at the regular rate shall be charged until payment is made.

Any workman laid off or discharged by the Employer shall be paid all his wages immediately. In the event he is not paid off, waiting time at the regular rate shall be charged until payment is made.

A foreman will be designated on all jobs.

Section 9. When twelve (12) working senior technicians are reached, a General Foreman shall be appointed. For every eleven (11) men thereafter, a Foreman shall be placed until fifty (50) working senior technicians are reached, when an Assistant General Foreman shall be placed. A Foreman shall not direct more than eleven (11) men. General Foremen or Foreman directing ten (10) or more senior technicians shall not work with the tools. The above shall not restrict a foreman from laying-out work or handling materials at his discretion.

Section 10. At least one (1) hour’s notice shall be given of layoff, and all wages due shall be paid in full at that time. In the event that the employee is not paid off, waiting time at the regular rate shall be charged until payment is made.

The Employer will provide a discharge slip to each employee that is discharged. The discharge slop will provide members name, date of discharge, reason(s) for discharge and eligibility for rehire.

If an employee is discharged for cause, other than lack of work, or reduction in force, he or she must leave the job immediately; all wages due to the employee and a discharge slip shall be delivered to the Union Hall the next business day no later than 2:00 P.M.

Section 11. When men are directed to report to a job and does not start work due to weather conditions, lack of material or other causes beyond their control, they shall receive two hours pay unless notified one (1) hour prior to scheduled start time for the job site.

Section 12. All classifications of Technician (including Apprentice Installer/Technicians) shall provide themselves with the following minimum list of tools:

1. Punch tool w/110 & 66 blades 2. RJ-45/RJ-11 crimp tool 3. Coax crimp tool (RG-59, 62 & 6) 4. Cat 5 strippers 5. Wire strippers (Miller type) 6. Utility knife 7. Cable cutters 8. Wire cutters 9. T&B Sta-Kon tool 10. Lineman pliers 11. Channel locks (2 pairs) 12. Flathead screwdrivers (assorted sizes) 13. Phillips-head screwdrivers (assorted sizes) 14. Sheetrock saw (hand type) 15. Nut drivers (1/4” through 7/16”) 16. Hack saw 17. Hammer

18. Tool pouch 19. Volt-ohm meter 20. Toolbox (20” X 8 ½” X 9” minimum with lock) 21. Scissors 22. Awl 23. Flashlight 24. Tone generator 25. Probe 26. Tape measure 27. Adjustable wrench 28. Needle-nose pliers 29. Torpedo level (8”)

Section 13. The Employer shall furnish all other necessary tools and equipment. Workmen will be held responsible for the tools or equipment issued to them providing the Employer furnishes the necessary lockers, toolboxes, or other safe places for storage.

Section 14. Journeyman/Senior Technicians and Apprentice Installer/Technicians shall at all times, have a sufficient number of tools on the job to properly perform any work on which they are employed.

Section 15. Workmen shall install all voice-data-video work in a safe and workmanlike manner and in accordance with applicable codes, safety regulations, and contract specifications.

Section 16. A Journeyman/Senior Technician shall be required to make corrections on improper workmanship for which he is responsible on his own time and during regular working hours, unless errors were made by orders of the Employer or the Employer’s representative. Employers shall notify the Union of workmen who fail to adjust improper workmanship.

Section 17. The representative of the Union shall be allowed access to any shop or job at any reasonable time where workmen are employed under the terms of this Agreement.

Section 18. The Employer shall pay for traveling time and furnish transportation from shop-to-shop, job-to-job, and job-to-shop within the jurisdiction of the Union. If the employee is requested to furnish his own transportation, he shall be reimbursed at the current federal mileage rate. On work outside the jurisdiction of the Union, the Employer shall furnish transportation, board and all other necessary expenses. Where workmen are required to perform outside the jurisdiction of the Union where a higher wage prevails, they shall be paid the higher rate.

Section 19. No traveling time shall be paid before or after working hours to workmen for traveling time to or from any job in the jurisdiction of the Union when workmen are ordered to report on the job.

Section 20. Workmen employed under the terms of this agreement shall do all VDV construction, VDV installation, or VDV erection work and all VDV maintenance thereon, including the final running tests.

Section 21. The policy of the members of the Local Union is to promote the use of materials and equipment manufactured, processed or repaired under economically sound wage, hour and working conditions.

Section 22. On jobs having a foreman, workmen are not to take directions or orders or accept the layout of any job from anyone except the foreman.

Section 23. No workman shall act as foreman on more than one job at the same time.

FRINGE BENEFITS NEBF:Section 24. It is agreed that in accord with the Employees Benefit Agreement of the National Electrical Benefit Fund (“NEBF”), as entered into between the National Electrical Contractors Association and the International Brotherhood of Electrical Workers on September 3, 1946, as amended, and now delineated as the Restated Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF the individual Employer will forward monthly to the NEBF’s designated local collection agent an amount equal to 3% of the gross monthly labor payroll paid to, or accrued by, the employees in this bargaining unit, and a completed payroll report prescribed by the NEBF. The payment shall be made by check or draft and shall constitute a debt due and owing to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the NEBF or its assignee. The payment and the payroll report shall be mailed to reach the office of the appropriate local collection agent not later than fifteen (15) calendar days following the end of each calendar month.

The individual Employer hereby accepts, and agrees to be bound by, the Restated Employees Benefit Agreement and Trust.

An individual Employer who fails to remit as provided above shall be additionally subject to having his Agreement terminated upon seventy-two (72) hours’ notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the appropriate local collection agent.

The failure of an individual Employer to comply with the applicable provisions of the Restated Employees Benefit Agreement and Trust shall also constitute a breach of this Agreement.

Section 25. On all jobs requiring five (5) or more Journeyman/Senior Technicians, at least every fifth Journeyman/Senior Technician, if available, shall be fifty (50) years of age or older.

Section 26. The Employer agrees to notify the Local Union office of Local No. 375, forty-eight (48) hours in advance of any layoff and the number of men involved for the efficient operation of L.U. No. 375 area.

Section 27. The Union shall have the right to appoint a Steward on any job or at any shop where workmen are employed under this Agreement. Such Steward shall see that the terms and conditions of the Agreement are observed, and at no time shall the Employer discriminate against a Steward because of his faithful performance of duties as such.

Management personnel, excluding the Job Foreman will discuss any Stewards’ transfer or lay-off with the Business Manager before any action is taken.

Section 28. All conduit shall be cut and threaded by employees covered under the terms of this Agreement. All flexible conduit shall also be cut by employees covered under the terms of this Agreement.

Section 29. Costs associated with obtaining Act 34, PA Criminal History Background Check, Act 151, PA Child Abuse History Background Check, and Act 114, Federal Criminal History (FBI) Background Check, when required for employment will be paid by the Employer.

Section 30. All Employers shall provide the Personal Protective Equipment as per the current NFPA 70E requirements for all energized work.

ARTICLE IV REFERRAL PROCEDURE

Section 4. (a.) In the interest of maintaining an efficient system of production in the Industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interests of employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment.

1. The Union shall be the sole and exclusive source of referral of applicants foremployment.

2. The Employer shall have the right to reject any applicant for employment.

3. The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the following procedure.

4. The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies.

JOURNEYMAN WIREMAN/SENIOR TECHNICIAN

GROUP I. All applicants for employment who have three or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Technician examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Technician by any Teledata Joint Apprenticeship and Training Committee, and who have been employed in the trade for a period of at least one (1) year in the last three (3) years in the geographical area covered by the collective bargaining agreement.

GROUP II. All applicants for employment who have three (3) or more years’ experience in the trade and who have passed a Journeyman Technician examination given by a duly constituted Inside Construction Local Union of the I.B.E.W., or have been certified as a Journeyman Technician by any Teledata Joint Apprenticeship and Training Committee.

GROUP III. All applicants for employment who have two or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, and who have been employed for at least six months in the last three years in the geographical area covered by the collective bargaining agreement.

GROUP IV. All applicants for employment who have worked at the trade for more than one year.

5. If the registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer’s request, Saturdays, Sundays, and holidays excepted, the Employer shall be free to secure applicants without using the Referral Procedure but, such applicants, if hired, shall have the status of “temporary employees.”

6. The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such “temporary employees” and shall replace such “temporary employees” as soon as registered applicants for employment are available under the Referral Procedure.

7. “Normal construction labor market” is defined to mean the following geographical area plus the commuting distance adjacent thereto, which includes the area from which the normal labor supply is secured:

In the State of Pennsylvania:

BERKS COUNTY: Hereford, Longswamp and Washington Townships in their entirety and that portion of Maxatawney Township east of Sacony Creek.

BUCKS COUNTY: East Rock Hill, West Rock Hill, Milford and Richland Townships in their entirety and that portion of Haycock and Springfield Townships west of a line following State Highway 212 from Northampton County south to route 09071 along 09071 to State Highway 212, along Highway 212 to route 09068 and along 09068 to State Highway 313.

CARBON COUNTY: In its entirety.

LEHIGH COUNTY: In its entirety.

MONTGOMERY COUNTY: Upper Hanover in its entirety.

NORTHAMPTON COUNTY: Allen, Hanover, Lehigh Townships, Boroughs of Bath, Freemansburg, Hellertown and the City of Bethlehem in their entirety, that portion of Moore Township south of State Highway 946 and west of State Highway 987. All of East Allen Township except that portion north of Bath Borough and east of State Highway 987 and also that portion of Bethlehem and Lower Saucon Township west of a line following the Hecktown-Butztown Road. South from Lower Nazareth Township through Butztown and continuing to Middletown, along alternate U.S. Highway 22 to the eastern boundary of the Borough of Freemansburg, along this boundary in a southerly direction to the Bethlehem City line between Bethlehem and Lower Saucon Township to the northern boundary of Hellertown, along the lines between Hellertown and Lower Saucon Township to State Highway 412, along 412 to Bucks County in the State Pennsylvania.

The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage area under the Davis-Bacon Act to which the Agreement applies.

8. “Resident” means a person who has maintained his permanent home in the above-defined geographical area for a period of not less than one year or who, having had a permanent home in this area, has temporarily left with the intention of returning to this area as his permanent home.

9. An “Examination” shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the IBEW. Reasonable intervals of time for examinations are specified as ninety (90) days. An applicant shall be eligible for examination if he has three years’ experience in the trade.

10. The Union shall maintain an “Out of Work List” which shall list the applicants within each Group in chronological order of the dates they register their availability for employment.

11. An applicant who is hired and who receives, through no fault of his own, work of forty hours or less shall, upon re-registration, be restored to his appropriate place within his Group.

12. Employers shall advise the Business Manager of the Local Union of the number of applicants needed. The Business Manager shall refer applicants to the Employer by first referring applicants in GROUP I in the order of their place on the “Out of Work List” and then referring applicants in the same manner successively from the “Out of Work List” in Group II, then Group III, then Group IV. Any applicant who is rejected by the Employer shall be returned to his appropriate place within his Group and shall be referred to other employment in accordance with the position of his Group and his place within his Group.

13. An applicant who is discharged for cause three times within a twelve month period shall be referred to neutral member of the Appeals Committee for a determination as to the applicants continued eligibility for referral. The neutral member of the Appeal Committee shall, within three* business days, review the qualifications of the applicant and the reasons for discharges. The neutral member of the Appeals Committee may, in his or her sole discretion: (1) require the applicant to obtain further training from the JATC before again being eligible for referral; (2) disqualify the applicant for referral for a period of four weeks, or longer, depending on the seriousness of the conduct and/or repetitive nature of conduct; (3) refer the applicant to an employee assistant program, if available, for evaluation and recommendation action; or (4) restore the applicant to his or her appropriate place on the referral list.

The only exceptions which shall be allowed in this order of referral are as follows:

a. When the Employer states bona fide requirements for special skills and abilities in his request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities.

b. The age ratio clause in the Agreement calls for the employment of an additional employee or employees on the basis of age. Therefore, the Business Manager shall

refer the first applicant on the register satisfying the applicable age requirements provided, however, that all names in the higher priority Groups, if any, shall first be exhausted before such overage reference can be made.

14. An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or the Association, as the case may be, and a Public Member appointed by both these members.

15. It shall be the function of the Appeals Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of Sections 3 through 15 of the Agreement. The appeals Committee shall have the power to make a final and binding decision on any such complaint, which shall be complied with by the Local Union. The Appeals Committee is authorized to issue procedural rules for the conduct of its business, but it is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decisions shall be in accord with this Agreement.

16. A representative of the Employer or of the Association, as the case may be, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours.

17. A copy of the Referral Procedure set forth in this Agreement shall be posted on the Bulletin Board in the offices of the Local Union and in the offices of the Employers who are parties to this Agreement.

18. Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the Agreement between the parties.

19. Category II Language for Reverse Layoff by Group

When making reductions in the number of employees due to lack of work, Employers shall use the following procedure:

a. Temporary employees, if any are employed, shall be laid off first. Then employees in Group IV shall be laid off next, if any are employed in this Group. Next to be laid off are employees in Group III, if any are employed in this Group, then those in Group II, and then those in Group I.

b. Paragraph (a) will not apply as long as the special skills requirement as provided for in Article IV, Section 13 (a) and (b) is required.

c. Supervisory employees covered by the terms of this Agreement will be excluded from layoff as long as they remain in a supervisory capacity. When they are reduced to the status of Journeyman, they will be slotted in the appropriate Group in paragraph (a) above.

ARTICLE V HEALTHCARE PLAN

Section 1. Effective June 1, 2018, an amount equal to 22.39% of gross payroll for all work performed within the Jurisdiction of Local Union No. 375, Allentown, PA, shall be paid by the Employer into this Fund as directed by the Healthcare Trustees. Effective on the negotiated contract dates, the increases may be allocated to the existing wage/fringe benefits at the option of the Local Union. The payment and the payroll report shall be mailed to reach the office of the Local Union not later then fifteen (15) calendar days following the end of each calendar month. Individual Employers who fail to remit as provided above shall be additionally subject to having this Agreement terminated upon seventy-two (72) hours’ notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the Electrician’s Healthcare Plan, L.U. No. 375, IBEW, 101 South 7th Street., Allentown, PA 18101.

ARTICLE VI APPRENTICESHIP AND TRAINING

Section 1. The local Joint Apprenticeship and Training Committee (JATC) properly established between the chapter of the National Electrical Contractors Association (NECA) and the Local Union of the International Brotherhood of Electrical Workers (IBEW) shall adopt local Telecommunications Installer/Technician Apprenticeship Standards in conformance with the NJATC National Guideline Standards and Policies. All such standards shall be registered with the NJATC, and thereafter submitted to the appropriate Registration Agency.

The JATC shall be responsible for all training. The JATC, however, may elect to establish a subcommittee consisting of two (2) to four (4) members appointed by the IBEW Local Union, and an equal number of members appointed by the NECA Chapter. The JATC or its properly established subcommittee shall be responsible for the conduct and operation of the Telecommunications Apprenticeship and Training Program in accordance with the standards and policies adopted by the local JATC. The duties of a subcommittee shall include: interviewing, ranking and selecting applicants and the supervision of all apprentices in accordance with the registered standards and locally approved JATC policies.

Section 2. Where the JATC elects to establish a subcommittee, an equal number of members (two, three, or four) shall be appointed, in writing, by both the NECA Chapter and the IBEW Local Union. All such appointments shall be in writing designating the beginning and the termination dates for each appointment. The term of one subcommittee member from both the NECA Chapter and the IBEW Local Union shall expire each year on a fixed anniversary date. The NECA Chapter and the IBEW Local Union may elect to appoint one or more members of the JATC to serve on the subcommittee.

Subcommittee members serve at the will of the party they represent and may be removed by the party they represent or they may resign. All appointments made to fill unexpired terms shall likewise be in writing.

The subcommittee, where one is established by the JATC, shall select from its membership, but not both from the same party, a Chairman and a Secretary who shall retain voting privileges. The JATC, or its subcommittee, shall maintain a set of minutes for each and every meeting. Such minutes shall be considered confidential and shall be regarded as the property of the JATC and its subcommittee, where a subcommittee is properly established.

Section 3. The subcommittee where one exists, shall enforce standards and policies established and approved by the JATC. Any appeal pertaining to any action of the subcommittee, shall be referred to the JATC for review and resolution. Any decision or ruling of the JATC shall be final and binding on the subcommittee. If the JATC cannot resolve an appeal, the matter shall be properly referred to the Local Labor Management Committee for resolution.

Section 4. Though the JATC may elect to establish subcommittees, there is to be only one JATC trust. That trust shall be responsible for all apprenticeship and training trust fund matters. Only properly appointed members of the JATC shall serve as trustees to the JATC trust.

Section 5. All apprentices shall enter the program through the JATC, or its subcommittee, as per the properly registered apprenticeship standards and selection procedures. No candidate shall be assigned to work as an apprentice until they have been properly selected and indentured.

Section 6. The JATC, or its subcommittee, shall be responsible for the assignment, or reassignment, of all Telecommunications Installer/Technician apprentices. All such job training assignments, or reassignments, shall be made in writing and the Local Union Referral Office shall be notified, in writing, of all job training assignments. The JATC, or its subcommittee, shall have the authority to transfer any apprentice, as it deems necessary or appropriate.

Section 7. The JATC may terminate any indenture prior to the completion of apprenticeship. When an indenture is terminated, the former apprentice shall not be eligible for employment under this agreement, in any classification, unless the individual has properly reapplied for the apprenticeship program and been selected. The individual shall not be permitted to be classified as an Installer/Technician, or provided any other classification under this agreement, until two years after they should have completed apprenticeship under their indenture, and they can demonstrate skills and knowledge to warrant such classification.

Section 8. Though the JATC cannot guarantee any number of apprentices, any employer signatory to this agreement shall be entitled to a ratio of one apprentice to one Telecommunication Installer/Technician or Technician level employee on any job. The JATC shall maintain an active list of qualified applicants, as per the selection procedures, in order to provide an adequate number of apprentices to meet the one-to-one ratio. Applicants shall not be selected and indentured when indentured apprentices are available for on-the-job training assignments. If the JATC is unable to provide an eligible employer with an apprentice within ten working days, the JATC shall select and indenture the next available applicant from the active list of ranked applicants.

Section 9. Each apprentice shall be required to satisfactorily complete the three-year course of study provided by the NJATC as a minimum requirement for completion of their related classroom training. The JATC may also elect to require additional training options that are provided for in the National Guideline Standards. The total term of apprenticeship shall not require more than three years of related training.

Section 10. The apprentice is required to satisfactorily complete the minimum number of on-the-job training hours specified and properly registered in the Telecommunications Installer/Technician Apprenticeship and Training Standards.

Section 11. The apprentice is to be under the supervision of an Installer/Technician, a Technician level employee, or a qualified supervisor. Supervision will not be of a nature that prevents the development of responsibility and initiative. The apprentice shall be permitted to perform any and all job tasks in order to properly develop trade skills and become proficient in the work processes associated with the trade. Installer/Technicians and Technicians are not required to constantly watch or observe the work of the apprentice. The apprentice is not prohibited from working alone when the Installer/Technician, Technician or Supervisor is required to leave or is absent from the job.

Section 12. The employer shall contribute to the local health and welfare plans and to the National Electrical Benefit Fund (NEBF) on behalf of all apprentices. Contributions to other benefit plans may be addressed in other sections of this agreement.

Section 13. Upon satisfactory completion of Apprenticeship, the JATC shall provide the apprentice with a diploma from the NJATC. The JATC shall encourage the apprentice to seek college credit through the NJATC. The JATC may also require the apprentice to acquire any appropriate license required for Installer/Technicians to work in the jurisdiction covered by this agreement.

Section 14. All Employers subject to the terms of this Agreement shall contribute the amount of funds specified by the parties’ signatory to the local apprenticeship and training trust agreement. Effective June 1, 2015, the contribution rate shall be $.60 per hour worked. Effective on the negotiated contract dates, the increases may be allocated to the existing wage/fringe benefits at the option of the Local Union. This sum shall be due the Trust Fund by the same date as is their payment to the NEBF under the terms of the Restated Employees Benefit Agreement and Trust.

The payment and the payroll report shall be mailed to reach the office of the Local Union not later than fifteen (15) calendar days following the end of each calendar month.

Individual Employers who fail to remit as provided above shall be additionally subject to having this agreement terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the Joint Apprenticeship and Training Committee, L.U. No. 375, I.B.E.W., 101 South 7th Street, Allentown, PA 18101.

Section 15. All Senior Technicians must successfully complete a thirty (30) hour OSHA course. All Senior Technicians must complete ten (10) hours of continuing education every three (3) years.

ARTICLE VII ELECTRICIAN’S RETIREMENT PLAN

Section 1. The Employer shall pay, effective June 1, 2018, $6.53 per hour paid, time and one-half hours paid at $9.80, and double time hours paid at $13.06 to each Master Technician/Forman and Senior Technician working in the jurisdiction of L.U. No. 375, Allentown, PA and vicinity. Effective on the negotiated contract dates, the increases may be allocated to the existing wage/fringe benefits at the option of the Local Union.

The Employer shall pay, effective June 1, 2018, eighty (80%) percent of the Master Technician/Foreman and Senior Technician retirement rate or $5.22 per hour paid, time and one-half hours paid at $7.83, and double time hours paid at $9.14 to each Technician working in the jurisdiction of L.U. No. 375, Allentown, PA and vicinity. Effective on the negotiated contract dates, the increases may be allocated to the existing wage/fringe benefits at the option of the Local Union.

The Employer shall pay, effective June 1, 2018, seventy (70%) percent of the Master Technician/Foreman and Senior Technician retirement rate or $4.57 per hour paid, time and one-half hours paid at $6.86, and double time hours paid at $9.14 to each Installer/Technician working in the jurisdiction of L.U. No. 375, Allentown, PA and vicinity. Effective on the negotiated contract dates, the increases may be allocated to the existing wage/fringe benefits at the option of the Local Union.

The Employer shall pay, effective June 1, 2018, $2.20 per hour paid, time and one-half hours paid at $3.30, and double time hours paid $4.40; to each Initiated Apprentice Installer/Technician working in the jurisdiction of L.U. No. 375, Allentown, PA and vicinity.

The payment and the payroll report shall be mailed to reach the office of the Local Union not later then fifteen (15) calendar days following the end of each calendar month. Individual Employers who fail to remit as provided above shall be additionally subject to having this Agreement terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the Electrician’s Retirement Plan, L.U. No. 375 I.B.E.W., 101 South 7th Street, Allentown, PA 18101.

Electrician’s Retirement Plan Trustees comprised of three members representing the Employer and three members representing the Union shall have sole responsibility for the administration of all monies deposited in such fund as directed by the Trust Agreement.

ARTICLE VIII WAGE DEDUCTIONS

Section 1. VACATION. The Employer shall deduct the sum of $1.00 per hour from the wages of each Journeyman/Senior Technician and 2nd, and 3rd and 4th year Initiated Apprentice Installer/Technicians working in the jurisdiction of Local Union No. 375, Allentown, PA. and vicinity. The payment and payroll report shall be mailed to reach the office of the Local Union not later than fifteen (15) calendar days following the end of each calendar month.

Individual Employers who fail to remit as provided above shall be additionally subject to having this Agreement terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the Electrician’s Vacation Fund, L.U. No. 375, I.B.E.W., 101 South 7th Street, Allentown, PA 18101.

The Local Union No. 375 Vacation Fund Trustees will administer each member’s account as directed by the terms and conditions of the Fund.

The Union agrees to the responsibility of securing authorization cards for deductions from all I.B.E.W. members in the bargaining unit.

The Union agrees to save the Employer harmless from any action growing out of these deductions commenced by any employee, and assumes full responsibility for the disposition of the funds deducted once they have been received by the Local Union No. 375 Vacation Fund.

The employee, whenever practicable, shall notify his Employer in writing at least ten (10) working days prior to the start of his vacation period.

Section 2. WORKING DUES. The Employer agrees to deduct and forward to the Financial Secretary of the Local Union -- upon receipt of a voluntary written authorization -- the additional working dues from the pay of each IBEW member. The amount to be deducted shall be the amount specified in the approved Local Union Bylaws. Such amount shall be certified to the Employer by the Local Union upon request by the Employer.

The payment and the payroll report shall be mailed to reach the Local Union Office not later than fifteen (15) calendar days following the end of each calendar month. Individual Employers who fail to remit as provided above shall be additionally subject to having this agreement terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to Local Union No. 375, I.B.E.W., 101 South 7th Street, Allentown, PA 18101.

Such amount shall be certified to the Employer by the Local Union upon request of the Employer.

Section 3. BONDING: Each Employer covered by this Agreement shall be required to furnish a cash or Indemnity Bond of a Surety Company authorized to do business in the State of Pennsylvania.

Such bond is to be furnished in a manner to insure compliance with payment of monies due as wages to employees and monies due to the various funds to which the Employer is obligated to contribute under the terms of this Agreement.

New Employers, Unestablished, and Chronically Delinquent Employers shall be required to post a bond as follows:

Number of Employees 1 to 5 $12,500.00 6 to 10 $25,000.00 11 to 25 $62,500.00 26 to 50 $125,000.00 51 to 75 $187,500.00 76 and above $250,000.00

Established Employers with a maintained record of prompt payment shall be required to post a bond as follows:

Number of Employees 1 to 5 $12,500.00

6 to 10 $25,000.00 11 to 25 $50,000.00 26 and above $100,000.00

a. Said bond must be posted with Local Union 375, prior to commencing work. No men shall be referred out to an Employer until said bond is in the office of Local Union 375.

b. Employers may, if they so desire, furnish a cash bond in the form of a certified check made payable to a bank selected by the Local Union.

c. The bond requirement shall be maintained during all time periods that the employer is engaged in work within the jurisdiction of the union.

d. Any costs incurred from collection of funds due shall be paid by the delinquent Contractor. Costs include reasonable attorney fees and any other cost of recovery set forth in any fringe benefit trust agreement or plan or this or any other agreement.

e. The Employer agrees that it shall not constitute a violation of this Agreement or any other agreement, including but not limited to any “no strike” agreement for the Union to remove the workers employed by an Employer who is delinquent in any wage or fringe payments due under the terms of this Agreement.

f. The Union in its sole discretion shall determine on job by job basis if any employer is an “Established Employer” or a “New Employer, Unestablished Employer or a Chronically Delinquent Employer.” Employer is “established” if he has performed work in the jurisdiction within the last 36 months.

ARTICLE IX NATIONAL ELECTRICAL INDUSTRY FUND (NEIF)

Section 1. Each individual Employer shall contribute an amount not to exceed one percent (1%) nor less than .2 of 1% of the productive electrical payroll as determined by each local Chapter and approved by the Trustees, with the following exclusions:

(a) Twenty-five percent (25%) of all productive electrical payroll in excess of 75,000 man-hours paid for electrical work in any one Chapter area during any one calendar year, but not exceeding 150,000 man-hours.

(b) One hundred percent (100%) of all productive electrical payroll in excess of 150,000 man-hours paid for electrical work in any one Chapter area during any one calendar year.

(Productive electrical payroll is defined as the total wages including overtime paid with respect to all hours worked by all classes of electrical labor for which a rate is established in the prevailing labor area where the business is transacted.)

Payment shall be forwarded monthly to the National Electrical Industry Fund in a form and manner prescribed by the Trustees no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. Failure to do so will be considered a breach of this Agreement on the part of the individual Employer.

ARTICLE X ADMINISTRATIVE FUND

Section 1. East Central Pennsylvania Electrical Contractor Administrative Fund (E.C.P.E.C.A.F.). Each Employer covered by this Agreement shall contribute to the E.C.P.E.C.A.F. (1/2) of (1%) of their gross labor payroll (effective June 1, 1997) for all work covered by this Agreement. The Fund shall be administered solely by the Association and shall be utilized to pay for Management’s costs of the labor contract administration including negotiations, disputes and grievance representation and for other administrative functions and expenses required of management, including service on fringe benefit funds.

Further, from time to time it shall be utilized for promotion of the voice-data-video contracting industry and the enhancement of labor relations in East Central Pennsylvania.

No part of the funds collected under this trust shall be used for any purpose, which is held to be in conflict with the interests of the International Brotherhood of Electrical Workers and its Local Unions.

Payment shall be forwarded monthly to the designated depository in a form and manner prescribed by the trustees, no later than fifteen (15) calendar days following the last day of the month in which labor was performed. Failure to do so will be considered a breach of this Agreement by the individual Employer.

Enforcement for delinquent payments to the Fund shall be the sole responsibility of the Fund or the Employers and not the Local Union.

ARTICLE XI NATIONAL LABOR MANAGEMENT COOPERATION COMMITTEE (NLMCC)

Section 1. The parties agree to participate in the NECA-IBEW National Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C. §186(c)(9). The purpose of this Fund includes the following:

(1) To improve communication between representatives of labor and management.

(2) To provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organization effectiveness.

(3) To assist worker and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process.

(4) To study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry.

(5) To sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the industry.

(6) To encourage and support the initiation and operation of similarly constituted local labor-management cooperation committees.

(7) To engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production.

(8) To engage in public education and other programs to expand the economic development of the electrical construction industry.

(9) To enhance the involvement of workers in making decisions that affect their working lives.

(10) To engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.

Section 2. The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust, and any amendments thereto and any other of its governing documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said Agreement and Declaration of Trust.

Section 3. Each Employer shall contribute one cent (.01) per hour worked under this Agreement up to a maximum of 150,000 hours per year. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. The Penn-Del-Jersey Chapter, NECA, or its designee, shall be the collection agent for this Fund.

Section 4. If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance. In the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorneys’ fees.

ARTICLE XII LOCAL LABOR-MANAGEMENT COOPERATION COMMITTEE (LMCC)

Section 1. The parties agree to participate in a Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor Management Cooperation Act of 1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor Management Relations Act, 29 U.S.C. §186(c)(9). The purposes of this Fund include the following:

1) to improve communications between representatives of Labor and Management;

2) to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;

3) to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;

4) to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry;

5) to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and industry;

6) to engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production;

7) to engage in public education and other programs to expand the economic development of the electrical construction industry;

8) to enhance the involvement of workers in making decisions that affect their working lives; and,

9) to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.

Section 2. The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust and any amendments thereto and any other of its governing documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the LMCC, as provided in said Agreement and Declaration of Trust.

Section 3. Each employer shall contribute $0. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. The Penn-Del-Jersey Chapter, NECA, or its designee, shall be the collection agent for this Fund.

Section 4. If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance. In the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorneys' fees.

ARTICLE XIII JOINT PROMOTIONAL FUND

Section 1. The employer shall pay, effective June 1, 1999, four cents (.04) per hour worked for all hours worked in the jurisdiction of L.U. No. 375, Allentown, PA and vicinity, to the IBEW, Local Union No. 375, NECA Joint Promotional Fund. The payment and payroll report shall be mailed to reach the office of the Local Union not later than fifteen (15) calendar days following the end of each calendar month.

Individual Employers who fail to remit as provided above shall be additionally subject to having this Agreement terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the Local No. 375, NECA-IBEW Joint Promotional Fund, 101 South 7th Street, Allentown, PA 18101.

This fund will be maintained by Trustees comprised of two members representing the Employer and two members representing the Union and they shall have sole responsibility for the administration of all monies deposited in such fund as directed by this Agreement. This fund shall be utilized exclusively to promote IBEW/NECA within IBEW No. 375’s jurisdictional boundaries.

ARTICLE XIV SUBSTANCE ABUSE

Section 1. The dangers and costs that alcohol and other chemical abuses can create in the electrical contracting industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to eliminate substance abuse and impairment should contain a strong rehabilitation component. The local parties recognize that the implementation of a drug and alcohol policy and program must be subject to all applicable federal, state, and local laws and regulations. Such policies and programs must also be administered in accordance with accepted scientific principles, and must incorporate procedural safeguards to ensure fairness in application and protection of legitimate interests of privacy and confidentiality. To provide a drug-free workforce for the Electrical Construction Industry, each IBEW local union and NECA chapter shall implement an area-wide Substance Abuse Testing Policy. The policy shall include minimum standards as required by the IBEW and NECA. Should any of the required minimum standards fail to comply with federal, state, and/or local laws and regulations, they shall be modified by the local union and chapter to meet the requirements of those laws and regulations.

ARTICLE XV CODE OF EXCELLENCE

Section 1. The parties to this Agreement recognize that to meet the needs of our customers, both employer and employee must meet the highest levels of performance, professionalism, and productivity. The Code of Excellence has proven to be a vital element in meeting the customers’ expectations. Therefore each IBEW local union and NECA chapter shall implement a Code of Excellence Program. The program shall include minimum standards as designed by the IBEW and NECA.

ARTICLE XVI SEPARABILITY CLAUSE

Section 1. Should any provision of this Agreement be declared illegal by any court of competent jurisdiction, such provisions shall immediately become null and void, leaving the remainder of the Agreement in full force and effect and the parties shall, thereupon, seek to negotiate substitute provisions which are in conformity with the applicable laws.

July 13, 2018

APPENDIX A National Voice-Data-Video Agreement

Classification Definitions

The parties to this Agreement understand that the Voice-Data-Video Market is a large, growing, and constantly changing opportunity for future business and employment in our industry and that continuing education and training will be needed to become a part of this industry. From time to time, the classification definitions below will need to be redefined; and workers will need to possess the skills necessary to meet these new definitions and, more importantly, to perform the work required by the customer.

Locally Negotiated Classifications: This Agreement shall recognize other semi- or lesser-skilled classifications (classifications other than installer/technician, technician, or registered apprentices) not defined in the appendix if they have been negotiated and implemented in the jurisdiction of the site local union where the work is being performed. Such lower classifications shall be referred by the site local union. These classifications shall also be permitted in those areas where no separate agreement exists covering essentially the same scope of work as this agreement if they have been negotiated and implemented in the base local union’s jurisdiction.

Apprentice Installer/Technician: Indentured in a three-year JATC-recognized apprenticeship program administered by an IBEW/NECA JATC. Maximum jobsite ratio shall be one-to-one. No special referral by period shall be required. JATCs should encourage rotation to provide for the maximum learning experiences in a variety of systems. After one year, apprentices may work with limited supervision on structured cabling installations.

Installer/Technician: Completed a three-year JATC Apprentice Technician Program or has four years experience in the communications industry and passed an Installer/Technician equivalency exam developed by the NJATC and administered by the IBEW and NECA. Duties may include supervision of Apprentice Technicians and other Installer/Technicians.

Technician: Has a minimum of two years experience as an Installer/Technician and is qualified to perform the following tasks: the planning and installation, including testing, terminating, and troubleshooting, of structured cabling systems (SCS). Possesses the troubleshooting. Duties may include supervision of Apprentice Technicians, Installer/Technicians, and/or other Technicians.

Time requirements may be waived by passing a technician equivalency exam developed by the NJATC and administered by the Local Union or through independent third party testing sanctioned by the NJATC and supported by the IBEW and NECA.

Senior Technician: Has a minimum of two years experience as a Technician and is qualified to perform the following tasks: the planning and installation, including testing, terminating, and troubleshooting, of structured cabling systems (SCS). Possesses the skills for fiber-optic installation, including splicing, testing, terminating, and troubleshooting. Must be skilled in the maintenance, service, testing, and repair of PBX systems and computer networking systems. Should have experience installing other special systems: such as security/access control, sound reinforcement, media retrieval wireless/RF, and/or clock systems, etc. Duties may include the supervision of Apprentice/Technicians, Installer Technicians, Technicians, and/or other Senior Technicians.

Time requirements may be waived by passing a senior technician equivalency exam developed by the NJATC and administered by the Local Union or through independent third-party testing sanctioned by the NJATC and supported by the IBEW and NECA.

Master Technician: Has a minimum of two years experience as a Senior Technician and is qualified to perform the following tasks: experience in planning and insulation of large complex structured cabling systems. Must be certified in the installation, maintenance, service, testing, and repair of more than one PBX system (if offered by the company) and network computer system. Should be able to install, maintain, and troubleshoot all hardware and software for Win NT or Novell Network servers. Install and program routers, hub, and switches (CISCO, Nortel, 3COM, etc.). Provide startup of all clients on the network, including installation of client application software. Must be experienced in the planning, installation, troubleshooting, and testing of other special systems, such as security/access control, sound reinforcement, media retrieval, wireless/RF, and/or clock systems, etc. Duties may include the supervision of Apprentice/Technicians, Installer/Technicians, Senior Technicians and/or other Master Technicians.

Time requirements may be waived by passing a master technician equivalency exam developed by the NJATC and administered by the Local Union or through independent third-party testing sanctioned by the NJATC and supported by the IBEW and NECA.

Systems Integrator: In addition to meeting the requirements of a Master Technician, must have the ability to program and administer all systems software for at least one major communications and/or data networking system. Has third-party certification as required by vendor or customer: such as CCNA, CCND, Cisco Systems, ITCO 5, Nortel, Lucent, Cabletron, etc. A Systems Integrator should be able to coordinate a communications of one or ore separate proprietary or nonproprietary systems so that they may be monitored and supervised from one central control system (i.e., computer network or web-based internet control of fire/life safety, energy management, security/access control, etc.). Additional duties may include the supervision of all voice-data-video classifications.