IBEW Local 490
Powering New Hampshire families and businesses since 1938
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  • Local 490 CBA

    INSIDE CONSTRUCTION AGREEMENT
    Local 490
    International Brotherhood of Electrical Workers Concord, New Hampshire
    New Hampshire Division
    Boston Chapter
    National Electrical Contractors Association
    JUNE 1, 2021 to MAY 31, 2024


    TABLE OF CONTENTS – INSIDE CONSTRUCTION
    Basic Principles

    Article I: Effective Dates / Changes / Grievances
    / Disputes
    Effective Dates                1.01
    Standard CIR Language         1.02-1.09
    Article II: Employer Rights / Union Rights
    Management Rights              2.02
    Workers’ Comp Insurance          2.03
    Surety Bond                  2.04
    Favored Nations                2.06
    Union Recognition              2.07
    Work Preservation              2.08
    Non-resident Employees - (Portability)   2.09
    Union Right to Discipline Members     2.14
    Appointment of Stewards           2.15
    Union Job Access               2.16
    Tool List                    2.18
    Union Security                2.20
    Age Ratio Clause               2.21
    Annulment/Subcontracting          2.22
    Article III: Hours / Wages / Working Conditions
    Hours (Workday-Workweek)         3.01
    Overtime/Holidays              3.02
    Payday                     3.04
    Wages                     3.05
    Travel Time and Pay             3.07
    Union Dues/ COPE Deduction        3.08
    Height Related Work             3.09
    Ratio of Foremen to Journeymen       3.10
    Foreman Call By Name            3.13
    Layoff Pay                   3.14
    Show-up Pay                 3.15
    Shift Work -                  3.16
    Four 10-Hour Days:              3.17
    Tunnel Work                 3.18
    Temporary Lights               3.19
    Cutting and Threading            3.21
    Welding                    3.24
    Mt. Washington                3.25
    Respirators                  3.26
    Instrumentation Technician          3.27
    Atomic Energy                3.28
    Emergency Response             3.29
    Alternative Energy              3.30
    Article IV: Referral Procedure
    Referral Procedure           4.01-4.21


    Group I -                    4.05
    Re registration                 4.12
    Repeated Discharge              4.14
    Reverse Layoff                4.21
    Employee Recall               4.22

    Article V: Apprenticeship and Training
    Apprenticeship and Training      5.01-5.16

    Article VI: Fringe Benefits
    NEBF                     6.01
    Health & Welfare               6.02
    Pension                    6.03
    Annuity                    6.04
    Local 490\NECA 401(k) Plan        6.05
    Default on Required Payments        6.06
    Fringe Benefit Remedies           6.07
    Maine Sick Leave               6.08

    Article VII: National Electrical Industry Fund
    National Electrical Industry Fund       7.01

    Article VIII: LMCC
    Local Labor-Management Cooperation
    Committee (LMCC) –         8.01

    Article IX: NLMCC
    National Labor-Management Cooperation Committee (NLMCC)       9.01-9.04

    Article X: Safety
    Safety Committee           10.01-10.03
    High Voltage Work             10.04
    Protective Equipment            10.07
    Employer Responsibility          10.09

    Article XI: Substance Abuse
    Substance Abuse               11.01

    Article XII: Code of Excellence
    Code of Excellence             12.01

    Separability Clause Signature Page
    Commercial Work Memorandum of Understanding

    2


    IBEW Local 490 and New Hampshire Division, Boston Chapter, NECA


    INSIDE AGREEMENT


    Agreement by and between the Electrical Contractors Association of Greater Boston, Inc., New 
    Hampshire Division of N.E.C.A. and Local Union #490, 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 Electrical Contractors 
    Association of Greater Boston, Inc., New Hampshire Division of N.E.C.A., and the term Union shall 
    mean Local Union #490, I.B.E.W.

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

    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 the 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 DATES - CHANGES - GRIEVANCES - DISPUTES

    Section 1.01. This Agreement shall take effect June 1, 2021 and shall remain in effect until May 
    31, 2024 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.

    Section 1.02. (a) 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.

    (b) 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.

    (c) 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.

    (d) 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

    3


    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.

    (e) 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.

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

    Section 1.03. 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 I.B.E.W. for 
    approval, the same as this Agreement.

    Section 1.04. 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.

    Section 1.05. There shall be a Labor/Management Committee of three (3) representing the Union and 
    three (3) representing the Employers. It shall meet regularly at such stated times as it may 
    decide.
    However, it shall also meet within forty-eight (48) hours when notice is given 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 1.06. 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 forty-eight (48) hours, they shall refer the same to the Labor/Management 
    Committee.

    Section 1.07. 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. In the absence of 
    a deadlock, the Labor- Management Committee’s decision shall be final and binding.

    Section 1.08. 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 1.09. When any matter in dispute has been referred to conciliation or arbitration for 
    adjustment, the provisions and conditions prevailing prior to the time such matter arose shall not 
    be changed or abrogated until agreement has been reached or ruling has been made.

    ARTICLE II
    EMPLOYER RIGHTS - UNION RIGHTS

    Section 2.01. Certain qualifications, knowledge, experience and proof of financial responsibility 
    are required of everyone desiring to be an Employer in the Electrical Industry. Therefore, an 
    Employer who

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    contracts for the electrical work is a person, firm, or corporation having these qualifications and 
    maintaining a place of business, a suitable financial status to meet payroll requirements, and 
    employing not less than one (1) Journeyman/Wireman.

    Section 2.02. 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 operations 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.

    Section 2.03. For all employees covered by this Agreement, the Employer shall carry Workmen's 
    Compensation Insurance, with a company authorized to do business in the jurisdiction of Local Union 
    #490, Social Security and such other protective insurance as may be required by the laws of the 
    State in which the work is performed. He shall also make voluntary contributions to the State 
    Unemployment Compensation Commission of the appropriate states regardless of the number of 
    employees.

    Section 2.04. Upon written request from the Business Manager to the Employer, said Employer shall 
    post a security bond to guarantee payment of fringe benefits due to the Union.

    Section 2.05. Employers engaged in joint venture jobs shall be considered as a new and separate 
    individual Employer with all rights herein as apply to an individual participating Employer. There 
    shall be no transfer of workmen between a joint venture and any or all of the Employers comprising 
    the joint venture.

    Section 2.06. The Union agrees that if during the life of this Agreement, it grants to any other 
    Employer in the Electrical 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 concessions.

    Section 2.07. 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.

    Section 2.08. (a)In order to protect and preserve, for the employees covered by this Agreement, all 
    work heretofore performed by them, in order to prevent any device or subterfuge to avoid the 
    protection and preservations 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, exercises 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.

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    (b) 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.

    (c) 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 (b) 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.

    AGREEMENT ON EMPLOYEE PORTABILITY

    Section 2.09. An employer signatory to a collective bargaining agreement or to a letter of assent 
    to an agreement with another I.B.E.W. 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 
    I.B.E.W. International Vice President or
    N.E.C.A Regional Executive Director, is subject to review, modification, or rescission by the 
    Council on Industrial Relations.

    Section 2.10. Employers shall not loan their employees to another Employer without first securing 
    the permission of the Business Manager and then only when applicants possessing the required skills 
    are not available through the Referral Procedure.

    Section 2.11. No applicant or employee while he/she remains subject to employment by Employers 
    operating under this Agreement shall be recognized as a contractor for the performance of any 
    electrical work.

    Section 2.12. Journeyman Wireman shall install all electrical work in a safe and workman-like 
    manner and in accordance with applicable code and contract specifications. When necessary to 
    perform temporary light and/or power on any foundation or building work, such temporary work shall 
    be installed in a safe manner under the terms of this Agreement.

    Section 2.13. A Journeyman shall be required to make corrections on improper workmanship for which 
    he/she is responsible on his/her 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 the 
    workmen who fail to adjust improper workmanship and the Union assumes the responsibility for the 
    enforcement of this provision.

    6


    Section 2.14. The Union reserves the right to discipline its members for violation of its laws, 
    rules, and agreements.

    Section 2.15. The Union has the right to appoint Stewards at any shop and/or any job where workmen 
    are employed under the terms of this Agreement. The Employer shall be notified and furnished the 
    names of the Steward. Such Stewards shall be allowed sufficient time during the regular working 
    hours, without loss of pay, to see that the terms and conditions of this Agreement are observed at 
    his/her shop or his/her job. No Steward shall be discriminated against by any Employer because of 
    his faithful performance of duties as Steward nor shall any Steward be removed from the job until 
    notice has been given to the Business Manager of the Union.

    Section 2.16. 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 2.17. (a) It shall not be a violation of this Agreement and it shall not be cause for 
    discharge of any other disciplinary action by the Employer against any employee for an employee to 
    refuse to cross a lawfully established primary picket line whether at the premises of another 
    Employer of the employee's own Employer.
    (b) 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.

    Section 2.18. Journeyman and Apprentices shall provide themselves with the following tools:
    1 set of screwdrivers             hacksaw frame
    2 pairs of channellocks            small level
    claw hammer                 roto-split
    25' tape measure               voltage tester
    diagonals                   chalk line
    sidecutters                   6" & 8" crescent wrenches
    wire strippers                 nut drivers
    electrician's knife               keyhole saw Socket set (3/8” drive with standard sockets 
    3/8”-3/4”)

    Drill motor, ladders, benders KO punches, and any other tools of that nature shall be furnished by 
    the employer.

    The employer will furnish necessary locked storage to reasonable protect tools from the weather and 
    vandalism and will replace such tools listed above when tools are damaged on the job or stolen from 
    the locked storage.

    Section 2.19. The employer shall furnish all other necessary tools or equipment. Workmen will be 
    held responsible for the tools or equipment issued to them providing the Employer furnishes the 
    necessary lockers, tool boxes, or other safe place for storage.

    Section 2.20. All employees covered by the terms of this Agreement shall be required to become and 
    remain members of the Union as a condition of employment from and after the eighth day following 
    the date of their employment or the effective date of this Agreement whichever is later.

    7


    Section 2.21. On all jobs requiring five (5) or more Journeyman, at least every fifth Journeyman, 
    if available, shall be fifty (50) years of age or older.

    Section 2.22. 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 I.B.E.W., other than violations of Paragraph 2 of this Section, will be 
    sufficient cause for cancellation of this 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.

    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 I.B.E.W. 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.

    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.

    Section 2.23. The Employer and the Union agree that job site productivity is a major concern for 
    the unionized construction industry. Both parties to this contract agree to utilize work practices 
    and technologies to promote increased productivity in the workplace.

    ARTICLE III
    HOURS - WAGES - WORKING CONDITIONS

    Section 3.01. Eight hours work between the hours of 7:00 am and 4:30 pm, Monday through Friday, 
    with not more than one half (1/2) hour for lunch period shall constitute a work week. There shall 
    be a ten (10) minute coffee break mid-morning and another ten (10) minute coffee break at the end 
    of the day when overtime is required and every two hours thereafter.

    Section 3.02. On work performed outside the regular scheduled shift, workmen shall be paid in the 
    following manner: For the first two (2) hours after the regular scheduled shift Monday through 
    Friday, the rate of pay shall be at the rate of time and one half (1 1/2) the employees’ hourly 
    rate of pay. For the first eight (8) hours from 7:00 am to 4:30 pm on Saturday, the rate of pay 
    shall be at the rate of time and one half (1 1/2) the employees’ hourly rate of pay.

    All work performed other than the above listed hours or work performed on Sunday, New Year's Day, 
    Washington's (Presidents) Birthday, Memorial Day, Fourth of July, Labor Day, Columbus Day, 
    Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Day, or days 
    celebrated as such shall be paid for at double (2) the employees straight time rate of pay. 
    Calendar holidays that fall on a Saturday shall be celebrated on Friday. Calendar holidays that 
    fall on Sunday shall be celebrated on Monday.

    Section 3.03. No work shall be performed on Labor Day, except in case of emergency, and then only 
    after permission is granted by the Business Manager of the Union.

    8


    Section 3.04(a). Wages shall be paid in cash or by check weekly, not later than quitting time on 
    Fridays, and not more than three (3) days wages may be withheld, (except for legal holidays 
    excluded), at any time. Any workman laid off shall be paid his/her wages immediately. Any worker 
    discharged shall be paid her/his wages by the end of the next business day on the jobsite or at the 
    Local 490 Union Hall. In the event he/she is not paid off, "waiting time" not to exceed eight (8) 
    hours in any one twenty-four (24) hour period shall be paid. On all jobs the Employer must make 
    every effort possible to pay weekly payroll on the job site. In the event of a difficulty and with 
    written consent, of the Local Union Business Manager and employee, the Employer may mail the 
    employee's weekly payroll check to the employee's preferred mailing address or by direct deposit. 
    On all jobs the Employer must provide a means of cashing payroll checks for his employees. The 
    Employer shall furnish a weekly payroll report to Local Union #490 giving the workman's name, 
    classification, wage rate, straight time worked, any overtime worked, and gross wages paid to all 
    workmen.

    Section 3.04(b). Employees may voluntarily allow for direct electronic deposit of wages on a weekly 
    basis to the bank or credit union of the employee’s choice. This manner of payment, once adopted, 
    may not be changed except upon 14-day advance written notification between the employee and 
    Employer with notification copied to the Union. Direct Deposit shall be provided at no cost to the 
    employee.

    Section 3.05(a). The minimum hourly rate of wages and benefits shall be as follows:

    9


    NOTES:
    1) MANTAINANCE OF WAGE\FRINGE PACKAGE: Wage rates for Journeymen Wiremen shall be adjusted on 
    projects where employers do not make contributions to one or more of the established trust funds so 
    that the “Total Package” rate shall be maintained. Wage rates for General Foremen, Foremen, Crew 
    Leaders, and Apprentices shall be adjusted accordingly.

    2) First Year Apprentices are excluded from receiving Pension and Annuity contributions.

    3) Apprentices Period 3 thru 7 indentured after September 15, 2018 are exempt from Annuity 
    contributions.

    4) Applicable to 5th year apprentices who obtain their New Hampshire Electrical License.

    5) NEBF (3% of Gross Labor Payroll) - National Electrical Benefit Fund

    6) NLMCC - National Labor Management Cooperation Committee (to improve communication between 
    representatives of labor and management).

    7) NEIF (0.6% of Gross Labor Payroll) - This applies only to contractors that are members of the 
    National Electrical Contractors Association.

    8) Disbursements- For future periods, increases may be put into wages or benefits that will be 
    determined at least two weeks prior to upcoming increments.

    Working assessments shall be deducted from members wage at 4% of gross wages.


    Local Union #490 Political Action Fund (COPE) 5 cents per hour shall be deducted from members wages 
    upon written authorization.

    General Foreman and Foreman employed on a job and in the employment for no less than sixty (60) 
    days shall be paid for holidays, and also be provided with no less than forty (40) hours per week.
    General Foreman or Foreman in charge of a job and who report for work shall not lose time because 
    of inclement weather.

    Section 3.06. On work outside the jurisdiction of the Union, the Employer shall furnish 
    transportation, board, and all other necessary expenses.

    Section 3.07. Should workmen be requested to travel from the job first reported to, he/she will be 
    reimbursed by the Employer at the allowed IRS rate for mileage deduction for all additional 
    mileage. In the event the Employer furnishes transportation then no mileage will be paid.

    Employees may transport a small quantity of tools or materials that fit conveniently in a car and 
    cause no excessive use to the vehicle. The use of employees' personal trucks to transport materials 
    is not encouraged by the union, but in special circumstances the union recognizes the need. When 
    personal trucks are utilized to transport materials the owner shall be compensated for mileage and 
    wear-and-tear to said vehicle. The Business Manager shall be made aware of any arrangements between 
    the employer and truck owner being notified by the employer and the owner, and the Business Manager 
    shall have the authority to approve or disapprove the arrangement.


    10


    Section 3.08. The Employer agrees to deduct, upon receipt of a voluntary written authorization, the 
    working dues in 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. Also, upon receipt of a 
    voluntary written authorization, a Political Action fund contribution, in the amount of five (5) 
    cents per hour shall be deducted from the pay of each I.B.E.W. member.

    Section 3.09. On jobs where workmen are required to work more than thirty (30) feet in the air, 
    they shall receive 10% of the above minimum rates in addition to the regular straight time rate of 
    pay unless a substantial staging is provided so that the risk is not greater than normal. This rule 
    does not apply to upper floors of a building neither does this apply to protected catwalks or other 
    railed-in sections of permanent structures, or on work from bucket trucks and aerial lifts, or on 
    work performed from solidly built scaffoldings. On scaffolding suspended by ropes or cables thirty 
    (30) feet in the air, workmen shall receive 10% above the minimum rates in addition to the straight 
    time rate of pay.

    If there is a difference of opinion between the Employer and the workmen regarding the risk 
    involved and the safety of the scaffolding, the matter shall be referred to the Business Manager.

    Section 3.10. On all jobs of one week or more with three (3) employees, one (1) employee shall be 
    designated as a Crew Leader by the Employer. On all jobs with six (6) or more employees, one (1) 
    employee shall be designated as Foreman by the Employer and the Crew Leader position will be 
    eliminated. (Except when jobbing from job to job). No Foreman shall have more than thirteen (13) 
    employees under his/her supervision at any time. Example as follows:
    1 crew - 1 Foreman
    2 crews - 1 Foremen, 1 General Foreman
    3 crews - 2 Foremen, 1 General Foreman
    4 crews - 3 Foremen, 2 General Foremen and progress as such thereafter.

    Section 3.11. On jobs having a Foreman, workmen are not to take directions or orders or accept 
    layout of any job from anyone except their Foreman or the Employer when an emergency is at stake

    Section 3.12. No Foreman of one job shall, at the same time, perform work on another job.


    Section 3.13. Foreman Call By Name; The employer shall have the right to call a Foreman by name 
    provided:
    a. The employee has not quit his previous employer within the past two weeks.
    b. 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.
    c. When an employee is called as a Foreman, he must remain as a Foreman for 30 days or must receive 
    a reduction in force.

    Section 3.14. Any worker reporting for work and being laid off not having been notified the day 
    previous of such layoff shall receive not less than two (2) hours wages in order to gather his/her 
    tools and personal belongings, and shall be paid off in full immediately. In the event the employee 
    is not paid off waiting time at the regular rate shall be charges until payment is made.


    11


    Employees being laid off or discharged shall receive not less than two (2) hours wages in order to 
    gather his/her tools and personal belongings. In the event the employee is not paid off waiting 
    time at the regular rate shall be charges until payment is made.

    Section 3.15. When workmen are directed to report to a job and do not start work due to weather 
    conditions, lack of materials, or other cause beyond their control they shall receive two (2) hours 
    pay unless notified before 7:00 AM. No workmen shall receive less than four (4) hours work pay 
    during a regular work day that he works. Call-in pay after a regular shift will be a minimum of two 
    hours pay, portal to portal.

    Section 3.16 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 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 17.3% 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 31.4% 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 3.17  The Employer, with 24-hour prior notice to the Union, may institute a workweek 
    consisting of four consecutive 10-hour days between the hours of 7 a.m. and 6 p.m., Monday through 
    Thursday, with one-half (1/2) hour allowed for a lunch period. There shall be a ten (10) minute 
    coffee break mid-morning. After 10 hours in a workday, Monday through Friday, overtime shall be 
    paid at a rate of 2x times the regular rate of pay. Friday, if not being utilized as a makeup day, 
    shall be paid at
    1.5x the regular rate of pay for the first 10 hours and 2x the rate of pay after 10 hours. Saturday 
    shall be paid at 1.5x the regular rate of pay for the first 8 hours and 2x the rate of pay after 8 
    hours and Sunday shall be paid at 2x the regular rate of pay for all hours worked. Once a four 
    10-hour day work schedule is established on the job it shall not be changed without notice to the 
    business manager.

    12


    Section 3.18 (a) Work performed in "uncompleted tunnels" shall be compensated for at a rate of 110% 
    of the regular shift hourly rate.
    (b) "Uncompleted tunnels, cuts and shafts" refer to that period of construction prior to such time 
    as structural outer shell, or wall are finished and includes the placing and/or pouring of concrete 
    or grout in shells, floor, or ceiling slabs and walls. Tunnel entrance pits or shafts shall be 
    considered part of the tunnel.
    (c) The regular and shift work periods will start at the nearest egress and exit to the location of 
    the work. If the Employer requires workers to start and end their work periods at the location of 
    the work, then the following time shall be allowed to travel from the egress to the work and 
    return:

    Distance from Egress to work    Allowance for Travel Time
    up to 5,000 feet            1/2 hour at the regular hourly rate
    5,000 to 15,000 feet         1 hour at the regular hourly rate
    over 15,000 feet           1 1/2 hour at the regular hourly rate
    (d) On the job travel, compression and decompression time shall not be considered for pay purposes 
    the same as time worked under pressure. Compensation for this time shall be the same as that set 
    forth for shift and regular work.
    (e) Work under pressure shall be compensated for at the rate of one and one half (1 1/2) the hourly 
    rate of pay for 1st, 2nd, and 3rd shifts.
    (f) Work under pressure shall not exceed the following time limitations:
    From 1 lb to & including 18 lbs.            6 hours work for 8 hours pay Over 18 lbs. up to & 
    including 26 lbs.         4 hours work for 8 hours pay Over 26 lbs. up to & including 33 lbs.       
      3 1/2 hours work for 8 hours pay Over 33 lbs. up to & including 38 lbs.         3 hours work for 
    8 hours pay
    (g) There shall be a Journeyman/Wireman topside at all times.
    (h) Where headings are 1,500 feet or more apart, it shall require two (2) Journeymen/Wiremen to 
    work together.

    Journeymen/Wiremen shall receive a sixteen (16) hour break before shifts or shall be paid at two 
    (2) times the rate of pay for working such additional shifts.

    Section 3.19 The work of installing, maintaining, connecting, shifting, controlling, or repairing 
    all temporary lighting, heat & power, and the maintenance of all other electrical equipment in new 
    buildings under construction, old buildings undergoing alterations, subways, passenger and short 
    line rail systems, tunnels, shafts, and bridges under construction, shall be performed by workmen 
    employed under the term of this Agreement.

    Section 3.20. 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 by their fellow members of the International Brotherhood of Electrical Workers.

    Section 3.21. All conduits shall be cut and threaded on the job.


    Section 3.22. Where pipe cutting and threading machines are used, such shall be operated by 
    Journeymen/Wiremen or qualified Apprentices.

    Section 3.23. On jobs of ten (10) or more men, the Employer must make a good faith effort to 
    provide a warm dry place for employees to have lunch and clean up. The employer must provide soap 
    and drying


    13


    materials as needed.
    Section 3.24. Welding. All equipment and protective clothing shall be furnished by the Employer. If 
    an employee welds for twenty (20) hours or more per week he/she will be compensated an additional 
    $1.50 for all hours welding. If an employee is hired as a welder, he/she will be compensated for 
    all hours at an additional $1.50 per hour.

    Section 3.25 On all work performed on Mt. Washington, the Employer is to furnish transportation 
    both ways up and down and the work day is to start at the bottom and end at the bottom of the 
    mountain.

    Section 3.26 Workmen required to wear canister respirator shall be paid 10% above the Employee’s 
    hourly rate of pay.

    Section 3.27 The Instrumentation Technician will be paid at +20% of the Inside hourly wage rate. 
    Under general supervision, positions perform a wide range of highly technical duties in mounting 
    devices, calibration, troubleshooting, testing, maintenance, and repair of complex electronic and 
    mechanical instrumentation and control systems, equipment, and facilities, troubleshoots, 
    diagnoses, repairs and performs preventative maintenance on a variety of electronic equipment, 
    instrumentation control systems. This work shall be limited to mounting, calibration and testing 
    and commissioning of process systems. This Agreement shall be limited to “industrial” facilities 
    and is not intended to be utilized for commercial or residential heating and conditioning systems.

    Section 3.28 All work performed at New Hampshire Seabrook Nuclear Power Station shall be paid at 
    15% above the employees’ hourly rate of pay for Seabrook Nuclear Power Station, and its (T&D) 
    Transmission and Distribution work.

    Section 3.29 Emergency Response Services are covered by the NECA/IBEW National Outside Construction 
    Emergency Response Agreement. The provisions of this agreement will be effective whenever utility, 
    municipality, or rural electrical cooperative has called for a response to an “emergency” in their 
    service area. The agreement will continue until the contractor has been released by the utility. 
    This work, in the jurisdiction of Local Union 490, is covered under the LU 104 Outside Utility 
    Agreement. All other power restoration services, before or after the Emergency Response 
    declaration, shall be covered by the Local Union 490 collective bargaining agreement.

    Section 3.30 This Agreement shall govern the performance of the following jobs by the Employer and 
    its employees: All electrical work covered under the terms of this Agreement for power generation 
    systems, including the installation, operations, inspection, maintenance, repair, and service of 
    alternative energy sources which include, but not limited to, solar, photo-voltaic, geothermal, 
    wind, hydro, battery storage, tidal, electric vehicle charging stations or any primary source of 
    power generation or distribution.

    ARTICLE IV REFERRAL PROCEDURE


    Section 4.01. 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.

    14


    Section 4.02. The Union shall be the sole and exclusive source of referral of applicants for 
    employment.

    Section 4.03. The Employer shall have the right to reject any applicant for employment.

    Section 4.04. 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.

    Section 4.05. 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/she qualifies.

    JOURNEYMAN WIREMAN - JOURNEYMAN TECHNICIAN

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

    Group I status shall be limited to one Local Union at one time. An applicant who qualifies for 
    Group I in a local union shall be so registered electronically and remain on Group I in that local 
    union unless and until the applicant designates another local union as his or her Group I local 
    union. If an applicant qualifies for Group I status in a local union other than his or her home 
    local union and designates that local as his or her Group I local union, the business manager of 
    the new Group I status local union shall by electronic means notify the business manager of the 
    applicant’s former Group I status local union.


    Group II - All applicants for employment who have four (4) or more years’ experience in the trade, 
    and have passed a Journeyman/Wireman's examination given by a duly constituted Inside Construction 
    Local Union of the I.B.E.W. or have been certified as a Journeyman/Wireman by any Inside Joint 
    Apprenticeship and Training Committee.

    Group III - All applicants for employment who have two (2) 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 (6) months in the last three (3) 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 (1) year.

    Section 4.06. If the registration list is exhausted and the Local Union is unable to refer 
    applicants for employment to the Employer within forty-eight (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. Such applicants, if hired, shall have the 
    status of “temporary employees".

    15


    Section 4.07. 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.

    Section 4.08. "Normal construction labor market" is defined to mean the following geographical area 
    plus the commuting distance adjacent hereto which includes the area from which the normal labor 
    supply is secured:

    ENTIRE STATE OF NEW HAMPSHIRE


    Alfred Berwick Eliot Kittery

    YORK COUNTY, MAINE
    (the following townships) Lebanon
    N. Berwick Ogunquit
    S. Berwick


    Sanford Wells York


    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 areas under the Davis-Bacon Act to which 
    this Agreement applies.

    Section 4.09. "Resident" means a person who has maintained his/her 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 areas as his/her 
    permanent home.

    Section 4.10. 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 I.B.E.W. Reasonable intervals of time for examinations are 
    specified as ninety (90) days. An applicant shall be eligible for examination if he/she has four 
    years’ experience in the trade.

    Section 4.11. The Union shall maintain an "Out of Work List" which shall list the applicant within 
    each Group in chronological order of the dates they register their availability for employment.

    Section 4.12. An applicant who has registered on the "Out of Work List" must renew his/her 
    application every 30 days or his/her name will be removed from the list.

    Section 4.13. An applicant who is hired and who receives, through no fault of his/her own, work of 
    forty hours or less shall, upon re-registration, be restored to his/her appropriate place within 
    his/her Group.

    Section 4.14(a). 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, 
    and then Group IV. Any applicant who is rejected by the Employer shall be returned to his/her 
    appropriate place within his/her Group and shall be referred to other employment in accordance with 
    the position of his/her Group and his/her place within his/her Group.

    Section 4.14(b).  An applicant who is discharged for cause two times within a 12-month period shall 
    be referred to the neutral member of the Appeals Committee for a determination as to the 
    applicant's

    16


    continued eligibility for referral. The neutral member of the Appeals Committee shall, within three 
    business days, review the qualifications of the applicant and the reasons for the 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 the conduct; (3) refer the applicant to an 
    employee assistance program, if available, for evaluation and recommended action; or (4) restore 
    the applicant to his/her appropriate place on the referral list.

    Section 4.15. 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/her 
    request for applicants then the Business Manager shall refer the first applicant on the register 
    possessing such skills and abilities.
    (b) The age ratio clause in this Agreement calls for 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 higher 
    priority groups, if any, shall first be exhausted before such overage reference can be made.

    Section 4.16. An Appeals Committee is hereby established composed on one (1) member appointed by 
    the Union, one (1) member appointed by the Employer or by the Association, as the case may be, and 
    a public member appointed by both these members.

    Section 4.17. 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
    4.04 through 4.15 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.

    Section 4.18. A representative of the Employers of the Association, as the case may be, designated 
    to the Union in writing shall be permitted to inspect the Referral Procedure records to be 
    available electronically upon request at any time during normal business hours.

    Section 4.19. 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.

    Section 4.20. Apprentices shall be hired and transferred in accordance with the apprenticeship 
    provisions of this Agreement between the parties.

    Section 4.21. 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 
    Section 4.15(a) is required.
    (c) Supervisory employees covered by the terms of this Agreement will be excluded from layoff as 
    long

    17


    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.

    Section 4.22. Employee Recall: An employer shall have the right to recall for employment any former 
    employee that the employer has laid off, provided that:
    • The former employee is in the highest level Group on the referral list containing applicants 
    available for work, regardless of the individual’s position on the list; or, if the former employee 
    is a CW/CE, he or she is available for assignment regardless of the individual’s position on the 
    list;
    • The recall is made within 45 days from the time of layoff;
    • The former employee has not quit his most recent employer under this agreement within the two 
    weeks prior to the recall request;
    • And the former employee is not an apprentice.

    ARTICLE V APPRENTICESHIP & TRAINING

    Section 5.01. There shall be a Local Joint Apprenticeship and Training Committee (JATC) consisting 
    of a total of either 6 or 8 members who shall also serve as trustees to the local apprenticeship 
    and training trust. An equal number of members (either 3 or 4) shall be appointed, in writing, by 
    the local chapter of the National Electrical Contractors Association (N.E.C.A) and the local union 
    of the International Brotherhood of Electrical Workers (I.B.E.W.).

    The local apprenticeship standards shall be in conformance with national guideline standards and 
    industry policies to ensure that each apprentice has satisfactorily completed the NJATC required 
    hours and course of study. All apprenticeship standards shall be registered with the NJATC before 
    being submitted to the appropriate registration agency.

    The JATC shall be responsible for the training of apprentices, journeymen, installers, technicians, 
    and all others (unindentured, intermediate journeymen, etc.).

    Section 5.02. All JATC member appointments, reappointments, and acceptance of appointments shall be 
    in writing. Each member shall be appointed for a 3 year term, unless being appointed for a lesser 
    period of time to complete an unexpired term. The terms shall be staggered, with one (1) term from 
    each side expiring each year. JATC members shall complete their appointed term unless removed for 
    cause by the party they represent or they voluntarily resign. All vacancies shall be filled 
    immediately.

    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 will maintain one (1) set of minutes for 
    JATC committee meetings and a separate set of minutes for trust meetings.

    The JATC should meet on a monthly basis and also upon the call of the Chairman.

    Section 5.03. Any issue concerning an apprentice or an apprenticeship matter shall be referred to 
    the JATC for its review, evaluation, and resolve, as per standards and policies. If the JATC 
    deadlocks on any issue, the matter shall be referred to the Labor-Management Committee for 
    resolution as outlined in Article One of this Agreement, except for trust fund matters, which shall 
    be resolved as stipulated in the local trust instrument.

    18


    Section 5.04. There shall be only one (1) JATC and one (1) local apprenticeship and training trust. 
    The JATC may, however, establish joint subcommittees to meet specific needs, such as residential or 
    telecommunications apprenticeship. The JATC may also establish a subcommittee to oversee an 
    apprenticeship program within a specified area of the jurisdiction covered by this Agreement.

    All subcommittee members shall be appointed, in writing by the party they represent. A subcommittee 
    member may or may not be a member of the JATC.

    Section 5.05. The JATC may select and employ a part-time or a full-time Training Director and other 
    support staff, as it deems necessary. In considering the qualifications, duties, and 
    responsibilities of the Training Director, the JATC should review the Training Director’s Job 
    Description provided by the NJATC. All employees of the JATC shall serve at the pleasure and 
    discretion of the JATC.

    Section 5.06. To help ensure diversity of training, provide reasonable continuous employment 
    opportunities, and comply with apprenticeship rules and regulations, the JATC, as the program 
    sponsor, shall have full authority for issuing all job training assignments and for transferring 
    apprentices from one employer to another. The employer shall cooperate in providing apprenticeships 
    with needed work experiences. The local union referral office shall be notified, in writing, of all 
    job training assignments. If the employer is unable to provide reasonable continuous employment for 
    apprentices, the JATC is to be so notified.

    Section 5.07. All apprentices shall enter the program through the JATC as provided for in the 
    registered apprenticeship standards and selection procedures.

    An apprentice may have their indenture canceled by the JATC at any time prior to completion as 
    stipulated in the registered standards. Time worked and accumulated in apprenticeship shall not be 
    considered for local union referral purposes until the apprentice has satisfied all conditions of 
    apprenticeship. Individuals terminated from apprenticeship shall not be assigned to any job in any 
    classification, or participate in any related training, unless they are reinstated in 
    apprenticeship as per the standards, or they qualify through means other than apprenticeship, at 
    sometime in the future, but no sooner than two years after their class has completed 
    apprenticeship, and they have gained related knowledge and job skills to warrant such 
    classification.

    Section 5.08. The JATC shall select and indenture a sufficient number of apprentices to meet local 
    manpower needs. The JATC is authorized to indenture the number of apprentices necessary to meet the 
    job site ratio as per Section 5.12.

    Section 5.09. Though the JATC cannot guarantee any number of apprentices; if a qualified employer 
    requests and apprentice, the JATC shall make every effort to honor the request. If unable to fill 
    the request within ten (10) working days, the JATC shall select and indenture the next available 
    person from the active list of qualified applicants. An active list of qualified applicants shall 
    be maintained by the JATC as per the selection procedures.

    Section 5.10. To accommodate short-term needs when apprentices are unavailable, the JATC shall 
    assign unindentured workers who meet the basic qualification for apprenticeship. Unindentured 
    workers shall not remain employed if apprentices become available for OJT assignment. Unindentured 
    workers shall be used to meet job site ratios except on wage and hour (prevailing wage) job sites.

    Before being employed, the unindentured person must sign a letter of understanding with the JATC 
    and

    19


    the employer - agreeing that they are not to accumulate more than two thousand (2,000) hours as an 
    unindentured, that they are subject to replacement by indentured apprentices and that they are not 
    to work on wage and hour (prevailing wage) job sites.

    Should an unindentured worker be selected for apprenticeship, the JATC will determine, as provided 
    for in the apprenticeship standards, if some credit for hours worked as an unindentured will be 
    applied toward the minimum OJT hours of apprenticeship.

    The JATC may elect to offer voluntary related training to unindentured; such as Math Review, 
    English, Safety, Orientation/Awareness, Introduction to OSHA, First-Aid and CPR. Participation 
    shall be voluntary.

    Section 5.11. The employer shall contribute to the local health and welfare plans and to the 
    National Electrical Benefit Fund (NEBF) on behalf of all apprentices and unindentured. 
    Contributions to other benefit plans may be addressed in other sections of this agreement.

    Section 5.12. Each job site shall be allowed a ratio of two (2) apprentice(s) for every three (3) 
    Journeyman Wiremen(man).

    Number of Journeymen                Maximum Number of Apprentices/Unindentured
    1 to 3                          2
    4 to 6                          4
    etc.                           etc.

    The first person assigned to any job site shall be a Journeyman Wireman.

    A job site is considered to be the physical location where employees report for their work 
    assignments. The employer’s shop (service center) is considered to be a separate, single job site. 
    All other physical locations where workers report for work are each considered to be a single, 
    separate job site.

    Section 5.13. An apprentice is to be under the supervision of a Journeyman/Wireman at all times. 
    This does not imply that the apprentice must always be in-sight-of a Journeyman Wireman. Journeymen 
    are not required to constantly watch the apprentice. Supervision will not be of a nature that 
    prevents the development of responsibility and initiative. Work may be laid out by the employer’s 
    designated supervisor or journeyman based on their evaluation of the apprentice’s skills and 
    ability to perform the job tasks. Apprentices shall be permitted to perform job tasks in order to 
    develop job skills and trade competencies. Journeymen are permitted to leave the immediate work 
    area without being accompanied by the apprentice.

    Apprentices, who have satisfactorily completed the first four years of related classroom training 
    using the NJATC curriculum and accumulated a minimum of 6,500 hours of OJT with satisfactory 
    performance, shall be permitted to work alone on any job site and receive work assignments in the 
    same manner as a Journeyman Wireman.

    An apprentice shall not be the first person assigned to a job site and apprentices shall not 
    supervise the work of others.

    Section 5.14. Upon satisfactory completion of apprenticeship, the JATC shall issue all graduating

    20


    apprentices an appropriate diploma from the NJATC. The JATC shall encourage each graduating 
    apprentice to apply for college credit through the NJATC. The JATC may also require each apprentice 
    to acquire any electrical license required for journeymen to work in the jurisdiction covered by 
    this Agreement.

    Section 5.15. The parties to this Agreement shall be bound by the Local Joint Apprenticeship and 
    Training Trust fund Agreement which shall conform to Section 302 of the Labor-Management Relations 
    Act of 1947 as amended, ERISA, and other applicable regulations.

    The Trustees authorized under this Trust Agreement are hereby empowered to determine the reasonable 
    value of any facilities, materials or services furnished by either party. All funds shall be 
    handled and disbursed in accordance with the Trust Agreement.

    Section 5.16. 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. 
    The current rate of contribution is $1.00 per hour for each hour worked. Future contributions shall 
    be determined at least two weeks prior to upcoming increments. 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.

    ARTICLE VI FRINGE BENEFITS

    Section 6.01. 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 his labor agreement.

    Section 6.02. The individual Employer shall contribute and forward monthly to the NECA/IBEW Family 
    Medical Care Plan (FMCP) an amount equal to $10.68 per hour worked which he is obligated to pay to 
    the employees in this bargaining unit, and a completed payroll report prescribed by the FMCP. The 
    payment and payroll report shall be mailed to reach the FMCP or their designated agent not later

    21


    than fifteen (15) calendar days following the end of each calendar month. The individual Employer 
    hereby accepts, and agrees to be bound by, the FMCP Agreement and Trust.

    Section 6.03. The individual Employer shall contribute and forward monthly to the Local Union 490, 
    IBEW Pension Fund an amount equal to $6.17 for each hour which he is obliged to pay to the 
    employees in the bargaining unit, and a completed payroll report prescribed by the Trustees. The 
    payment and payroll report shall be mailed to reach the Trustees or their designated agent not 
    later than 15 calendar days following the end of each calendar month. The individual Employer 
    accepts and hereby agrees to be bound by the Local Union 490, IBEW Pension Fund Agreement and 
    Trust. Future contributions shall be determined at least two weeks prior to upcoming increments.

    Section 6.04. The individual Employer shall contribute and forward monthly to the Local Union 490, 
    IBEW Annuity Fund an amount equal to $2.50 for each hour which he is obliged to pay to the 
    employees in the bargaining unit, and a completed payroll report prescribed by the Trustees. The 
    payment and payroll report shall be mailed to reach the Trustees or their designated agent not 
    later than 15 calendar days following the end of each calendar month. The individual Employer 
    accepts and hereby agrees to be bound by the Local Union 490, IBEW Annuity Fund Agreement and 
    Trust. Future contributions shall be determined at least two weeks prior to upcoming increments.

    Section 6.05. Employers shall withhold monies from individual employees per actual hours worked in 
    accordance with the Local 490/NECA 401(k) Plan and forward them to the Trustees in the prescribed 
    manner.

    Section 6.06. Individual Employers who fail to remit as provided in Sections 6.01, 6.02, 6.03, 
    6.04, and
    6.05 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 made.

    Section 6.07. (a) The failure of an individual Employer to comply with the provisions of Sections 
    6.01, 6.02, 6.03, 6.04, 6.05 shall also constitute a breach of this Labor Agreement. As a remedy 
    for such a violation, the Labor-Management Committee and/or the Council on Industrial Relations for 
    the Electrical Contracting Industry, as the case may be, are empowered, at the request of the 
    Union, to require an Employer to pay into the affected Joint Trust Funds established under this 
    Agreement any delinquent contributions to such funds which have resulted from the violation. (b) 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 (a) 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 may have resulted from the bringing of such court action.

    Section 6.08. Employers will follow the requirements of the Maine General Law: 26 M.R.S.§637 for 
    the Maine jurisdiction of IBEW Local 490.

    ARTICLE VII
    NATIONAL ELECTRICAL INDUSTRY FUND (NEIF)


    Section 7.01. 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:

    22


    1) 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 manhours.
    2) One hundred percent (100%) of all productive electrical payroll in excess of 150,000 manhours 
    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 VIII
    LABOR MANAGEMENT COOPERATION COMMITTEE (LMCC)


    Section 8.01. 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 8.02. The Fund shall function in accordance with, and as provided in, it’s 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 8.03. Each employer shall contribute $0.55 for each hour worked. Future contributions shall 
    be determined at least two weeks prior to upcoming increments. Payment shall be forwarded monthly, 
    in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following 
    the last

    23


    day of the month in which the labor was performed. The Boston Chapter, NECA, or its designee, shall 
    be the collection agent for this Fund.

    Section 8.04. 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 IX
    NATIONAL LABOR MANAGEMENT COOPERATION COMMITTEE (NLMCC)


    Section 9.01. 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 purposes of this Fund include 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, occupation 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; and
    10. to engage in any other lawful activities incidental or related to the accomplishment of these 
    purposes and goals.

    Section 9.02. The Fund shall function in accordance with, and as proved in, it’s 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 9.03. 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

    24


    which the labor was performed. Boston Chapter, NECA, or its designee, shall be the collection agent 
    for this Fund.

    Section 9.04. 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 ($20.00), 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 X SAFETY


    Section 10.01. There shall be a Joint Safety Committee consisting of three (3) members representing 
    the Employer and three (3) members representing the Union. The duties of this Committee shall be to 
    develop and recommend safe work rules that are equal to or greater than the Standards of 
    Construction as established by the Occupational Safety and Health Act of 1970 or other applicable 
    Federal or State laws. Such rules, and the other safety rules provided in this Article, are minimum 
    rules and not intended to imply that the Union objects to the establishment and imposition by the 
    Employers of additional or more stringent safety rules to protect the health and safety of the 
    employees.

    Section 10.02. It shall also be the function of this Committee to study these safe work rules and 
    recommend their update to the parties to this Agreement for possible inclusion in this Agreement. 
    This Committee shall meet at least once each quarter and also when called by the Chairperson or 
    when called by a majority of the current Committee members.

    Section 10.03. Members of the Joint Safety Committee shall be selected by the party they represent. 
    Their term of office shall be three (3) years unless removed by the party they represent. The term 
    of one
    (1) Employer representative and one (1) Union representative shall expire each year with successors 
    to be determined in the same manner as the original appointments. A committee member is eligible to 
    succeed him/herself.

    Section 10.04. Two (2) Journeymen shall work together on all energized circuits of 440 volts AC or 
    250 volts DC or respective higher voltage. Journeymen shall be used in assisting a 
    Journeyman/Wireman while splicing cable.

    Section 10.05. Journeymen/Wiremen while splicing cable shall not be required to work on wires or 
    cables when the difference in potentials is over 200 volts between any two conductors or between 
    any conductor and ground unless assisted by one Journeyman. At no time shall Journeymen/Wiremen 
    while splicing cable be required to work on energized cables carrying in excess of 480 volts.

    Section 10.06. No employees shall be compelled to use a powder actuated tool. Only qualified 
    employees shall be permitted to use powder actuated tools.

    Section 10.07. The Employer shall furnish hard hats when such are required and shall also furnish 
    proper individual protective gear to workmen engaged in burning and welding operations. The 
    Employer

    25


    shall also furnish all rubber and protective clothing without charge when required by working 
    conditions. Employees shall be responsible for rubber and protective clothing issued to them and 
    shall return same to the Employer at the time of termination.

    Section 10.08. The safe work practices that are in effect on utility company property which are 
    more stringent than those in this Agreement shall apply to work which is performed on that property 
    under the terms of this Agreement.

    Section 10.09. It is the Employer's exclusive responsibility to insure the safety of its employees 
    and their compliance with these safety rules and standards.

    ARTICLE XI SUBSTANCE ABUSE

    Section 11.01. The dangers and costs which 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 XII CODE OF EXCELLENCE


    Section 12.01. 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.

    Overview
    The Code of Excellence is a program for IBEW Local Unions in the Construction industry to promote 
    and bring out the best from our construction members on the jobs performed by our signatory 
    contractors.

    The Code of Excellence:   Highest Quality and Quantity of work
    Using best skills
    Using best work practices.

    The goal of the Code of Excellence is a job built on time, under budget, and built right the first 
    time. The Code of Excellence will instill in our membership pride in their craftsmanship. Upon 
    completion of

    26


    the job, the lasting impression of quality workmanship will remain with the customer, prompting him 
    to utilize the IBEW again.

    The Code of Excellence can be accomplished through teamwork on the job, and projecting a good 
    attitude about the work we do on and off the job.

    The Code of Excellence must have the total support of the Local Union at all levels, and the 
    officers of the local union must pay particular attention to this task by setting an example for 
    others to follow, as welt as promotion of the Code of Excellence.

    Because the role of an “Excellence Steward” is critical to the program’s success, the business 
    manager, with the full support of the officers of the local union, will carefully appoint, 
    extensively train, and activate stewards on the job. The steward shall have full responsibility for 
    communicating the Code of Excellence to all members, and insuring all members are meeting fully 
    their responsibility to our Code of Excellence.

    IBEW Local Union Responsibilities
    The business manager, through and in partnership with the stewards, shall insure the following 
    responsibilities of the IBEW Local Union in implementing the Code of Excellence are being met, 
    every day, and by every member:

    ?  All members are adhering to the contractual starting and quitting times
    ?  Break times are limited to the time allowed by the contract, or agreement(s)
    ?  Members are adhering to the lunch periods established in the Agreement
    ?  Members shall meet their responsibility to have all tools on the established tool 
    list
    ?  Members meet their responsibility in taking care of the tools provided by the 
    employer
    ?  Members meet their responsibility to be fit for duty, and our zero tolerance policy for 
    substance abuse is strictly met
    ?  Members are productive and idle time is kept to a minimum
    ?  Members meet their responsibility to the employer and fellow members employed on the job to 
    arrive for work on time and ready to work
    ?  Members will meet their contractual responsibility to eliminate disruptions on the 
    job
    ?  Members will respect the property of the customer, and graffiti and other forms of destruction 
    and waste will not be tolerated
    ?  Member will respect the Customer, Client(s), Contractor, and the IBEW by not wearing clothing or 
    buttons that have offensive wording or symbols
    ?  The steward and leaders on the job will work with other members who have bad work habits, 
    setting a standard of quality and productivity second to none, to which each member on the job, 
    will comply effectively working as a team
    ?  Members will carry the necessary and proper tools to meet their contractual responsibility as 
    highly skilled, qualified craftsmen
    ?  Slowdowns, and other methods utilized to extend jobs or provide for overtime will not be 
    tolerated
    ?  Outside activities that cast the Brotherhood or the local union in a bad light, and are not 
    approved by the business manager or steward will not be tolerated
    ?  Any inappropriate behavior toward another member or group of members will not be 
    tolerated
    ?  Members will meet their contractual responsibility to utilize proper safety equipment and 
    methods
    ?  Members must meet their responsibility to not leave the jobsite without proper 
    approval
    ?  No member shall solicit funds on any project or job without the prior approval of the business 
    manager
    ?  No use of personal cell phone(s) will be allowed on the project, except for lunch or break 
    periods

    27


    ?  No sale of merchandise without the prior approval of the business manager

    Employer Responsibilities
    NECA and its signatory employers have a responsibility to manage their jobs effectively, and as 
    such have the following responsibilities under the Code of Excellence:

    ?  To address ineffective superintendents, general foremen, and foremen
    ?  To ensure proper job layout, to minimize down time
    ?  To ensure that there are proper numbers and types of necessary tools
    ?  To ensure proper storage for contractor and employee tools
    ?  To ensure that there are adequate numbers of employees to perform the work efficiently, and 
    conversely, to limit the number of employees to the work at hand, which demonstrates to the 
    customer the efficiency of our partnership
    ?  To provide the necessary leadership skills for jobsite leaders to eliminate problems
    ?  To ensure that proper types and quantities of materials are available to insure job 
    progress
    ?  To ensure that jobsite leaders take the necessary responsibility for mistakes created by 
    management decisions
    ?  To eliminate unsafe work conditions, and ensure that proper safety training, equipment, and 
    methods are utilized

    Methods of resolving problems through the Code of Excellence
    It is understood that both the IBEW Local Union and the signatory contractor have obligations and 
    responsibilities under the Code of Excellence. The Local Union’s role is to assist management with 
    individual problems with its members, to ensure that the Local Union’s obligation to provide honest 
    and diligent service to the employer is maintained and improved.

    Local Union Responsibilities
    ?  The steward will work with members to correct and solve problems related to job 
    performance
    ?  The local union must provide specialized training for “Excellence” Stewards
    ?  The steward will communicate on a regular basis with the management team to communicate job 
    progress, work schedules, and work process problems to the members
    ?  Monthly meetings will be established between the business manager, or his representative to 
    discuss and resolve issues related to the compliance of the Code of Excellence. If applicable, 
    management will be invited to attend and participate in the process
    ?  In the event an individual member is not meeting membership responsibilities, the Local Union 
    Executive board shall have the responsibility to address problem member(s) not meeting their 
    obligation to the IBEW, up to and including charges being filed. The role of the local union is to 
    correct the problem, by whatever means are at its disposal
    ?  The steward and management will endeavor to correct problems with individual members on the 
    jobsite. If the member is unwilling or unable to make the necessary changes, management must make 
    the decision whether that employee/member is detrimental to the goals of the Code of Excellence, 
    and should remain employed

    Management Responsibilities
    The ultimate responsibility of managing the job falls squarely on the shoulders of contractor 
    management. Problems with job performance can be addressed as follows:

    •  Management will address concerns brought forth by the steward. If the lowest level of management 
    does not resolve the problem, the steward may choose to address the issue with higher levels of

    28


    management
    •  If the issue is not resolved, the local union or contractor may call for a contractually 
    established Labor-Management meeting to resolve concerns or issues
    •  The local union may elicit customer support to address the problem

    Other methods for consideration, with contractor and local union support:
    ?  Weekly job progress “toolbox” meetings
    ?  Weekly LMCC session to share problems between employers, and solutions to job 
    problems
    ?  Foremen and general foremen should be certified as “Excellence” job leaders through attendance 
    of NECA’s Electrical Project Supervision classes

    SEPARABILITY CLAUSE


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

    SUBJECT TO THE APPROVAL OF THE INTERNATIONAL PRESIDENT OF THE I.B.E.W.

    Electrical Contractors Association of            Local Union #490, I.B.E.W. Greater Boston, Inc., 
    New Hampshire
    Division of N.E.C.A.


    Kristen Gowin, Executive Manager             Marco Lacasse., Business Manager


    Date:


    06/17/2021


    Date:


    06/17/2021

    29


    MEMORANDUM OF UNDERSTANDING COMMERCIAL WORK
    Memorandum of Understanding by and between the National Electrical Contractors Association, Boston 
    Chapter, New Hampshire Division and Local Union 490, I.B.E.W. This Memorandum of Understanding will 
    modify the Inside Agreement in currently effect between the parties.

    1.  Term of Agreement - This Memorandum of Understanding will become effective June 1, 2021 through 
    May 31, 2024 and will continue in effect until terminated in the manner provided in the Inside 
    Agreement

    2.  Scope of Work – The Scope of Work as outlined in the aforementioned Inside Agreement is hereby 
    modified to include only that which is described as Commercial facilities such as: Educational, 
    Health Care, Recreational, Wholesale, Agricultural, Retail Outlets, Parking Garages, and Churches. 
    The rate shall not apply to industrial, utility, or Davis-Bacon work unless authorized by the 
    Business Manager of Local 490 and the Manager of Boston Chapter, NECA. Residential Wireman shall be 
    allowed to perform work under the Commercial heading.

    3.  Rate of Pay


    (1) Rates for the Commercial Memorandum are set at 83.5% of the Inside Agreement Total Wage\Fringe 
    Package. Future allocations are subject to change.
    (2) 1st and 2nd period apprentices are exempt from Pension and Annuity contributions.
    (3) Period 3 thru 7 apprentices indentured after September 15, 2018 are exempt from Annuity


    30

    31
    contributions.
    (4) All apprentices indentured after June 1, 2021 will adhere to the new rate structure.

    4.  Apprentices: The wage rate for apprentices working under this Memorandum will be based on a 
    percentage of the Commercial Rate appropriate with their status in the program. Apprentices shall 
    also receive the fringe benefit package as listed above.

    5.  Project Approvals: No individual job request or approval is required unless the work falls out 
    of the Scope of Work as described in Section 2. If you have any question as to whether a project 
    falls under the scope of the Commercial Rate, you are encouraged to contact the IBEW or NECA 
    office.


    Kristen Gowin, Executive Manager           Marco Lacasse Business Manager Boston Chapter, NECA-New 
    Hampshire Division   Local Union 490, IBEW


    Date:


          06/17/2021      


    Date:


          06/17/2021     
     





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