Reply – Re: MWA MOU 11 January 2014
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Re: MWA MOU 11 January 2014
— by Daniel J. Franco Daniel J. Franco
This appears to be asking for trouble; it is unlikely to be well enforced, if enforced at all. The last sentence - "Any Employer's failure to maintain such ratios or currently compliant Employers that fall below the ratio shall result in its or theirs' losing the ability to utilize a third shop employee under the reduced rate for the term of the CBA" is nullified by "or until returning to compliance". It would make a non-compliance grievance almost non-cost-effective to even contemplate.


On Tue, Jan 14, 2014 at 9:32 PM, c-box [via A Mobilized Membership Is An Irresistible Force] <[hidden email]> wrote:
2. The special 2-person installation provision under CBA Article III, Section 9 shall
continue and for all MWA shops where 50% of the bargaining unit members are
members of the New York City District Council the number of shop personnel permitted
to perform installation work at the modified rate under CBA Article Ill. Section 9, shall
increase from two to three, with the District Council designating the employee who shall
be responsible for reporting the personnel and hours electronically as provided in
paragraph 13 of this MOA. One of the three must be a District Council certified Shop
Steward. For installation projects with four or more employees, three shop personnel
shall be permitted to perform installation work at the modified rate, and the fourth
employee shall be a New York City District Council certified Shop Steward dispatched
from the District Council's Out of Work list and shall perform installation work at the
full rate; and any additional employees beyond the fourth employee shall also perform
installation work at the full rate. The allowance of a third shop employee to perform
installation work hereunder where the Employer does not employ at least 50% members
of the District Council but employs UBC or other union members must, when increasing
manpower, hire District Council members until the 50% ratio of District Council
members is met. Any Employer's failure to maintain such ratios or currently compliant
Employers that fall below the ratio shall result in its or theirs' losing the ability to utilize
a third shop employee under the reduced rate for the term of the CBA or until returning to
compliance.


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