full mobility more info needed

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full mobility more info needed

hump from the hall
About a month ago Billy Davanport mentioned that he reached out to  locals nationwide inquiring if full mobility was in their area .I didn't see many responses to billy's post .Could someone in a local where full mobility is in force ,please post your old work rules and the new ones under full mobility and how is your local benefitting from this wonderfull new concept.
Ted
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Re: full mobility more info needed

Ted
see the NERCC contract form Bill.

note: the current contract does not comply with the ruling in the original ALJ case, the subsequent 12-31-09 slip Opinion by the NLRB Board or the post New Process Steel Ruling issued 8-26-10 wherein the newly seated NLRB Board and the 3-member quorum issuing the Ruling made some modifications.

NERCC did not post the Decision & Order in any of the 3 cases in the 27 Locals as directed by the ALJ or the Board, nor di the new contract (CBA) dated effective 9-1-09 to 8-31-12 make the required corrections as per the NLRB Boards direction.
Ted
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Ted
In reply to this post by hump from the hall
HUMP FROM THE HALL - this is the NERCC MOBILITY PROVISION, pg. 15-16 Effective September 1, 2009 through August 31, 2012

pg. 15

                                              ARTICLE 5
                                       Mobility of Manpower

     Employers shall be restricted in their employment of Carpenters to those carpenters
who normally work in the geographic jurisdiction area of the local union where the
project is located.

     Notwithstanding any language to the contrary in any area collective bargaining
agreement for work in Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island and Vermont, the Employer shall have the right to employ any carpenter who


      Boston and Eastern Area of Massachusetts Carpenters CBA 9/1/09-8/31/12

pg. 16

normally works within any of the six New England states pursuant to the following
conditions:

     The carpenter employee has worked a minimum of three (3) weeks for the
employer in the previous five (5) months.

     If the Employer fails to notify a local union prior to commencing work on a project
in that local’s geographical jurisdiction, the Employer shall lose the mobility of
manpower privileges for the duration of the project for the first violation and for 12
months on all projects for the second and subsequent violations, and the Employer shall
be restricted in its employment of carpenters to those carpenters who normally work in
the geographical area of the local union where the project is located. This penalty may be
appealed to the E.S.T. of NERCC.

     When a company whose main office is located outside the New England Regional
Council’s jurisdiction performs any work covered by this agreement, it shall be permitted
to bring in two (2) “key” traveling employees from its home area. All additional
carpenter employees shall be requested from the local union where the work is being
performed. This provision shall not apply to contractors having a regular office within
the jurisdiction of the New England Regional Council of Carpenters.

     No employee shall be required to work in a geographical jurisdiction outside of the
geographical jurisdiction of his home local. Employers shall not retaliate or discriminate
against an employee who refuses to work outside of the geographical jurisdiction of his
home local. If there is no available work, other than work outside the geographical
jurisdiction of the employee’s home local or at a lesser pay rate than the employee’s
home local, the Employer shall lay-off that employee so that he is eligible to receive unemployment benefits.

ATTN HUMP FROM HALL
this has to be read in the context of the decision in UBC Local 43 (McDowell Building & Foundation) and Kevin Lebovitz 354 NLRB 122 DATED 12-31-09 & the subsequent decision dated 8-26-10....go to nlrb.gov. click on decisions, hit drop down  & click on Board Decisions.

It also requires reading in context of Article 3 of the NERCC Contract, which I'll post seperately.....
Ted
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Ted
In reply to this post by hump from the hall
pg 11 NERCC 9-1-09 to 8-31-12 CBA

ARTICLE 3
Union Security
Section 1. The Employer agrees that all employees covered by this agreement
shall, as a condition of employment, become and remain members of the Union in good
standing. No worker shall be refused admittance and the right to maintain membership in
the Union provided he qualifies and complies with the Constitution and By-Laws of the
Union.
Section 2. All workers employed by the Employer for a period of seven (7) days
continuously or accumulatively within the unit covered by this Agreement shall, as a
condition of employment, the full and uniform admission fees in effect in the Union.
All workers accepted into membership shall thereafter maintain their membership in
good standing in the Union as a condition of employment.
Section 3. In the event that a worker fails to tender the admission fee or that a
member of the Union fails to maintain his or her membership in accordance with the
provisions of this Article, the Union shall notify the Employer in writing, and such notice
shall constitute a request to the Employer to terminate said individual within forty-eight
(48) hours for failure to maintain continuous good standing in the Union in accordance
with its rules above referred to in this paragraph, and the Employer shall terminate such
worker at the end of such period. Failure to terminate will subject the Employer to
damages for lost wages and benefits for each hour worked by the non-member after
receipt of notification in writing.
Boston and Eastern Area of Massachusetts Carpenters CBA 9/1/09-8/31/12
12
Section 4. In the event that the Union does not accept into membership any
worker tendering the admission fee and the regular monthly Union fees, the foregoing
paragraph shall not be applicable, provided, however, that the Union may at any time
thereafter decide to take such worker into membership, in which case, said worker shall
be required to tender full and uniform admission fees in effect in the Union not later than
seven (7) days following notification by the Union and shall thereafter be required to
maintain his or her membership in accordance with the provisions of the foregoing
paragraph. In the event that such worker fails to comply with this paragraph, the Union
shall notify the Employer, and the Employer shall terminate the employment of such
worker within forty-eight (48) hours. An employer that has hired a nonmember shall be
required to provide written notification to the Union of the day of hire after the individual
has been employed for seven days. Failure to provide written notification will subject the
Employer to damages for lost wages and benefits for each hour worked by the nonmember
after seven days.
Section 5. The Employer agrees to directly employ a minimum of two carpenters
in the aggregate as a company or a firm on projects where work covered by this
Agreement is performed if he or she has not employed a minimum of two carpenters in
the last ninety (90) days. If a contractor has not worked in the prior six months, the
ninety day period commences when the Employer resumes working again.


Article 3 (A), “Subcontracting”
Except for filed sub-bids, the Employer agrees that he will not subcontract
dol
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dol
In reply to this post by hump from the hall
joe
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joe
Was interesting to see that they send their members to work first, is NYC the only losers in the country taking all the dregs?