travel and subsistence provisions for€¦ · a travel allowance equivalent to one houl:' of...

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STATE OF CALIFORNIA Edmund G. Brown Jr., Governor DEPARTMENT OF INDUSTRIAL RELATIONS Office of the Director – Research Unit 455 Golden Gate Avenue, 9 th Floor San Francisco, CA 94102 MAILING ADDRESS: P. O. Box 420603 San Francisco, CA 94142-0603 62-X-999 TRAVEL AND SUBSISTENCE PROVISIONS FOR ELEVATOR CONSTRUCTOR: ALL CLASSIFICATIONS IN IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN DIEGO, SANTA BARBARA, AND VENTURA COUNTIES PORTIONS OF KERN, SAN BERNARDINO, AND SAN LUIS OBISPO COUNTIES Applies to that portion of these counties south of the Tehachapi Line. For more information, contact the Office of the Director Research Unit at (415) 703-4774.

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STATE OF CALIFORNIA Edmund G. Brown Jr., Governor

DEPARTMENT OF INDUSTRIAL RELATIONS Office of the Director – Research Unit 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102

MAILING ADDRESS: P. O. Box 420603

San Francisco, CA 94142-0603

62-X-999

TRAVEL AND SUBSISTENCE PROVISIONS

FOR

ELEVATOR CONSTRUCTOR:

ALL CLASSIFICATIONS

IN

IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN DIEGO, SANTA BARBARA, AND VENTURA COUNTIES

PORTIONS OF KERN, SAN BERNARDINO, AND SAN LUIS OBISPO COUNTIES

Applies to that portion of these counties south of the Tehachapi Line. For more information, contact

the Office of the Director – Research Unit at (415) 703-4774.

01/0d/2016 11:45 6265771055 I.U.E.C. LOCAL 18

SEII COMPJ\N't Is AND

IUBC LOCAL RO. 18

LOCAL TRAVXL ARD KZPmfSE ~

SBCTJ:ON :.r. PAR.T:tBS TO AGRBX!mNT

PAGE 01/04

This a greement is made by and .between NE::Z:I: Elevato·r Company• El (hereinafter referr e d to as the •company") and the :!nternational Onion of Elevator Constructors , Local No. lS (horeinaft.er · referred to as the "Local" ) .

SBCT'ION :II . JURJ:SDI~Icm'

There will be three primaries o f the Local as follows:

Los .Angeles Primary -. Tl:iat area within a circle •i th a fifteen (15) mile radius using the City Hal l of Los A."fgel.es as the center .

San Diego Primary· That area within a circle with a fifteen (15) mile radius using the City Rall of San ?Hego a.ti the center.

:Las Vegas Primary - That a r ea within a circle with a fifteen (15) mile radius using the City Hall of Las Vegaa as the center.

The secondary jurisdiction of the. Local shall include the area in the State of Ca.lifornia. 1 ooutll of the Tehachapi t,ine, and the pox-tion of Nevada, east of the 116 d e.gr e~ Me:ridi!Ul to the Utah Border and so'-l.th of the 3 9 degree No:rtb. Latitude to th~ Arizona and California border s. ·

SECTION 'IJ::r. TRAVEL ZONES

A. The following travel zones a re established around the Los Angeles, Sa.n Diego, and Laa Vegas primaries for construction, moderni-zat ion and repair wo:r}(..

ZONE J:I.

Zone two (2) shall include that area outside of the primary and within a radius of fift1?en ( 1 5) to a radius of twenty­fiv-e {25) miles from the center.

A travel allowcmce equivalent to 50% of the prevailing hourly wage rate plus carfare at 20 mile!!! X I RS mileage r ate will be paid to each elevator construct or working in the zone.

0110a1201 & 11:a5 &2&5771055 I . U.E. C. LOCAL 18 PAGE 02/04

B.

ZONE 'III.

Zone three (3) shall include that area outside of the primary and wit.hin a radius of twenty-five (25) miles and a radius 0 £ tb.irty-five (35) miles from tbe center.

A travel allowance equivalent to one houl:' of the prevailing hourly wage rat~ plus carfare at 40 ~ IRS mileage rate will b e p aid to each mechanic and helper working in the Zone .

Slevator Constl:'\1ctora in construction, 11\0Qernization, or repair beginning the day in one Zone, . then trave1ing to a different Zone where he/ebe ends the day, shall receive the high.er Zone Travel .Allowance: for the day.

SBCTl:ON rv. SUBS:ISTEHCE

A. The fc;,rmula for subsistence sha ll b e c alculated at the rate of 1 and a half (1.5 ) tillles t he rate of mechanics pay.

B. Elevator cons t ructors working in ZONE 4 sha.ll receive per diem for ea.ch day worked and, for paid holidays which fall during the normal, work week. Whe.-e work continues on the same job site during the following week, elev~tor ~On3tZ"U.Ctors will r~ceive the per diem for Sati.irday and Sunday.

C . On the first day out, elevator constructors shall be paid the full ' per diem. On the last day of the job, elevator constructors shall be paid the full per diem allowance if they complet e c:i.ght hours on the job. Should the job be completed before the end of the regular work day and they travel. home duri ng the :r:egular work day, fifty percent (SOSi) of the per diem shall be paid for the last day on the job.

D . 't'ra.vel ti.me and expense ti'll'le to an a rea '\)eyond ZONE J:I:I shall be r~ilI'.burse d for actual expenses incurred. Travel time in these a.re11.s :Jhall be computed at the rate of 4 5 mpb a..od at the current IRS mileage rate.

B. Receipts shall be subudtted to justify any additional expense9 over the established per diem rate.

SECTI:ON V. USE OF PERSONAL VKHICL.ES

A. When elevator constructors 'Use thei r personal vehic1e on Company busin~es, they ehall be reimbursed at the "standard Mileage Rate" which is published pet"iodieally by the I nternal Revenue Service (pres ently thirty-two and one­half cent s per ~ile - $.32 . S). Future changes in the mi l eage rate shall b e b ased upon this index a.ad ahal.l become effective at the b e ginning of the pay period next following the Company's receipt of the change.

01 / 04 /2016 11 :45 6265771 055 I.U.E.C. LOCAL 18 PAGE 03/0<l

~. Repair and !laintenance Elevator Conotructore uain.g tbei~ personal -.rohiclea 1:or Company bue iness d\lriug regular working hours oha11 ba reimbursed at the pi:evailing m.i1 eage rate, with a ininimum of one-hundred (100) miles per week. Travel on ove~time shall ha included for pU%pQeee o f t h e one· hundred minimum.

SliCT:tON VI. CARTAGB

When elevator <:o-:a.::sti-u~tors a:re requc~ted to transport or c:on.vey any JM.tari:ll, parts or tools, (o.ther than poraon al hand. tools) in th~ir personal vehic;les they shall be paid dryagc or cartage with a. we.1.ght of 0 -5 pounds sha:ll be paid $2. 00, 5-50 pounda aball be paid $15. 00, 50-100 sh.s.ll be pa.id $25 . 00 per day . Nothing in excess o { 100 lb . s to be hal:led in personal vehicles.

SBCT:ION VII • PAR.lCDm

On Construction ~d moden:i..i.3:at:i.on jobs wh'!re free parking is not available within for blocks of a job, an amount of $4 . 50 shall be allo~cd for parking with the primaries or sub-primaries of the Local. Receipts must be submitted to substantiate parking allowance . However, 1:0 ju~tify any additional expense over the esta.J::,lished parking allowance, the superintendent and Local Busineoa Representative shall resolve what ie reasona.ble . On contract service, after the first ntop, parking wJ.11 be paid by the employer.

WITH INTERNATIONAL UNION ~~~~-of~~~~-

ELEVATOR CONSTRUCTORS

,,--bi IOAJ 1J Cof11

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ARTICLE IX

Contract Service

Par. l. Contract Service is hereby defined as m1y cont.r ac-1 obtained by the Company for regular exami nation or ·are or apparnl u::; enumerated in Article IV and Ar t.iclc IV(A) of Ill i,s Agrce­m •nl aucl general r •pairs a1:l inclic:ated in Arii-

cle Vlll , Par. 2 for a period of not less lhan one (1) monlh. Contract Service Work shall be ex­clusively perf onl1ed by Elevator Constructor l\Icchanics, Elevator Constructor Helpers, Ele­vator Construct or Apprentices antl Elevator

I Conslruclor Assistant Mechanics.

40 41

. It is agrCl ,c1 that in order for caJl-bac.;ks lo be

answered in do,, ntown business ar 'as or sim­ilm· business areas, the Co1npany may w sign a Mechanic:- or Medmnics to ren1ain al a mut n­ally agr '\cd btdlding beyond r egularly e::;t ab­lishecl workin~ hours not Lo exumct beyond G::JQ P.M.

Should such assigned 1\1('.)chanic or Mechanics b authorized to continue work on a job when a call-back e..""1:ends beyond 6:30 P.i\l., the man or men shall receive applicable I ravel time and rravel expense home'.

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Par. 8.

.. 15

Travel tune fron1 horne to job and fron1 job to home on overtime call-backs (starting after ret1ular working holffS and terminating before st~rt of regular working hours) sha~ be paid for at the saine overti1ne rate applying to the work. Travel expenses on overti111e call-backs shall be paid as agreed in Local Expense Agreements.

When consecutive overt ime call-backs occur the e1nployee shall receive Lhe applica-' . ' ble overtilne rate and travel expenses from home to job, fron1 that job to one or n1ore other jobs and then back home.

Men called out before the regular working hours shall receive the applicable travel tirne and travel expense fron1 h01ne to job. (Excep­tion: The Compcu1y may call and instruct 1nen to report to any given job at his regular statt­ing tiine on his route in the pril11ary.)

When call-backs made cluril.1g regular work­ing hours extend into overtime and the em-

ployee is auth01ized to continue work, he shall receive the applicable travel ti1ne and travel expense home.

(b) Employees who are designated to be available for overtime call-backs pursuant to paragraph (a) above, or who are called out be­fore the regular working hours, or who ai·e on call-backs that extend into overtil11e, shall be entitled to and receive such c01npensation as described below during the periocl of til11e that such employees are responding to call-backs outside of theiJ.· regular hours of work:

The rate of pay for overtilne call-backs shall not be less than 1. 7 ti1nes the straight time rate of pay.

The premimn pay described above is 1nacle in lieu of standby pay and m recognition of the fact that contract se1vice e1nployees agree to make themselves available for overtilne calls.

( c) It is understood and agreed that employ­ees who are available to respond to overtime call-backs are waiting to be engaged (as de­fined by the Fair Labor Standards Act) by the Con1pany. Employees w ho are waiting to be engaged are free to participate il.1 personal ac­tivities; are not required to rernain at home, at the Cmnpany's pre1nises or any other speci­fied location cltffing the period that they are on-call. Employees who are "on-call" may leave the location they have indicated as the place of their prin1ai·y contact. However, such en1ployees will be available for callout by ei-

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tlwr lec:ivi11g a not her phone numht\r \! hcrl' lhC'y tall be contattNI or by can) ing on I heir pC'rson a eommunicalion device Mich as '"' pager, c(•llular t clephone1 l"\\~o-way ractio, or olher such eomnrnmcation device which en­ables l hC' Cumpm1y to contact them.

48 49

60

ARTICLE XIII

Traveling Time and Expenses

Par. 1. When Elevator Constructors are sent outside the prilnary jurisdiction, but within the zoned area of the secondary, travel tin1e and travel expense shall be paid in accordance with the Local Expense Agreen1ent.

When Elevator Constructors are sent be-

61

=

yond t ht• imw<I area of I he secondary jurisdic­I ion or outsidt' the s •condary jtuisdktion aLJ Int,(•! tune ch1rn1g the regular establish cl \\Ork hours. i\lonclay t luoun-h F1iday, indush·t•, ~hall b<· paicl al ·inglc time rat.es. Llke\\iS ''. nll lnn·cl tinw bt--forc ,md aft er the regular established work hours. ~Ionclay lhrough Friday, indm,h'(\ shall b paid aJ I ime and one-half rates. Fur­u, r, all t ra\'cl time on aturdays, 'unday~ and I lohdays shall hl· paid at tin1e and on •-half rate~ (as ug1ccicl to in A1ticJe IX, Conln1c1 Scr­\'icc, Lru, el I itn<' on ovc1tin1e call-bac:ks is x­e '])led from the, above). Expenses incurr cl on trip l.o be prud by Lhc ompany in accorclancc w itb Uw Loc:nl rnxpcn:;e Agreeme11l.

l~rnployces 01w rating vehicles provic.l e:•d by I lw Company shall not be entitled to paymcnl of wagrs or l'Ommuling e..xpenses f<>r time.\ spPnt driving before or after the reguuu· work- I ing hours from the e1uployee's home lo the fu-st Job site of th<> regular workday or driving from llw lasl .1oh -sit~ of the regular work clay lo lhC' <"mplO)-('c., 's home. ~ote: Employee · shall be' r •imbur~ccl for any tolL in CM:Cl s of llw toll c:hargt' for passenger vehicles). Tins i~ not illll-'nde<l 10 drcum,·ent expenses or tra,·cl ltllll"' paid pursuant ro Art. IX or Art. XllJ ancVor a Local 'lhwel and Expense Agreement or cstabUshccl loc·al practice.

Par. 2. Lon1l Unions and NEBA Rcprcscntativ<'S Hr I r<?<JU CSl:l!d to establish zone~ wjtl1i11 Lhc I

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8('(·cmdary jurisdiclion and I raveling t.mw and Lrav~ling expense allowances for each zone con:;1stcnt with existing a.rrangement.s. ,

Par. 3. \\'hen the Local ·nion and the ~EBA Representative are unal>le to resoh·c differ­ent<'. regarding local LravcJ lirne and t nl\ J cxpen e agreements and pres >ntly r 'Cognizc•d pnmary and secondary j urisclktion, eith '"r JH~rty may request the Genera) Pr !>idenl. ll EC and the NEBA Executh•e Dir ctor to st.ucly the dispute. The Gt?ner al Prcsidcn t IUEC and the NEBA Exccu1ive Director oi'· their clesi?nees, shall entertain Lhc rcqu~sL, ~mcl a (ter mvestigation and sl,udy, nrc nnthol'­JZ<·~l to rnake reconunenclaJions to Lhe LocHl

tJton and the NEBA Representative. fhe General President, IUEC and the NEBA

~xccuti~·c .J?irector, or their design cs, may issue gmdelines that the Local Union and the - EBA Representative may ulilizc in ncgotialinn chung~s to and resolving disputes over loc,tl trnvl'l tm1~ and trarel e1qJense agrcem nlS.

All. prui1es shall continue to work under the ex1stmg local travel tirne and local travel ex­pense agreement for Utirty (30) clay fro in the dat(· that KEBA and the JUE • are notified that the parties have reached an impas~c. The Gcn­c1:a1 Presiclcnl. IUEC and tll<' EBA Exccut ivc D1rc:ctor, or their designees, may ,1t U1eir clis­crct ion extend the present Agrccrn nt l'or o,w addlliional Lhbty (30) day J)f!ri<>d.

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