Masonry Magazine September 1974 Page. 17
MCAA
information
INTERNATIONAL AGREEMENT
between the
MASON CONTRACTORS ASSOCIATION
OF AMERICA
and the
BRICKLAYERS, MASONS & PLASTERERS
INTERNATIONAL UNION OF AMERICA
To foster the principles of collective bargaining, to promote a closer relationship between employer and employees in our industry, to develop more uniform conditions in the masonry industry, we, as MASON CONTRACTORS ASSOCIATION OF AMERICA and the BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF AMERICA, do adopt for and on behalf of our respective members, the following Agreement as the basis of our relations.
The Bricklayers, Masons and Plasterers International Union shall hereinafter be referred to as the "BM&PIU" or the "Union." Local Unions of the Bricklayers, Masons and Plasterers International Union shall hereinafter be referred to as the "Local Union." The Mason Contractors Association of America shall hereinafter be referred to as the "MCAA" or the "Association." Individuals or firms belonging to the Mason Contractors Association of America shall hereinafter be referred to as the "Employer(s)."
ARTICLE I/ Duration
This Agreement originally executed as of July 2, 1954 and amended December 1, 1973, shall remain in effect for one year and continue thereafter from year to year unless notice of termination or modification is given in writing by either party to the other party sixty (60) days prior to any date of expiration; but the parties may mutually agree to change or amend any part of this Agreement at any time.
ARTICLE II / Scope
This Agreement shall be in effect within the boundaries of the United States and Canada and the possessions and territorial dependencies of these nations. The Agreement covers all types of construction work recognized within the jurisdiction of, assigned to and performed by members of the Bricklayers, Masons and Plasterers International Union of America as defined in Article IV (c) below.
ARTICLE III/ Management Recognition
Except as otherwise provided herein members of the Association shall have the right to hire, fire for just cause, direct the working force and manage their business in accordance with their judgment.
ARTICLE IV
a. Union Recognition. The Association hereby recognizes and acknowledges that the Union is the exclusive representative of all employees of its members, in the classifications of work falling within the jurisdiction of the Union, as defined in Article IV (c) below and in the Bricklayers, Masons and Plasterers International Union of America Constitution, for the purpose of collective bargaining as provided by the Labor Management Relations Act of 1947, as amended.
b. Union Security. As of the effective date of this Agreement, all present employees under the terms of this Agreement must, as a condition of employment, be or become members of the Union after the seventh (7th) day; the employees hired after the effective date of this Agreement shall be or become and remain members of the Union after the seventh (7th) day of their employment in accordance with the provisions of the National Labor Relations Act. This clause shall not be effective in those states prohibiting such Union Security, provided, however, that where an Agency Shop is lawful in such State, conformity therewith shall be a condition of employment on the eighth day following the beginning of such employment or the effective date of the Agreement, whichever is the later period.
c. Jurisdiction. The Employers agree to assign to employees represented by the BM&PIU all work which has been historically or traditionally or contractually assigned to members of the Bricklayers, Masons and Plasterers International Union of America, including but not limited to, all masonry (brick and concrete masonry units made from any materials, stone, marble, structural tile, terra cotta, prefabricated or pre-assembled components or panels, glass block, all integral elements of masonry construction and all forms of substitute materials thereto) utilized in all forms of construction, maintenance, repair and renovation. In addition, that work jurisdiction defined in the Union's Constitution, all assignments as mutually agreed upon between the Association and the Union and all mutually agreed upon work assignments on any other building products or systems. which may be developed in the future that are determined by these parties to fall within the work jurisdiction of this Agreement. Any dispute over work jurisdiction will be referred to the Union and the Association for amicable settlement. A decision they reach concerning such a dispute shall be final and binding on all parties.
ARTICLE V/Hiring of Men, Local Preference,
Key Men
Prior to commencing work in an area the Employer agrees to notify the Local Union in the area where the job is located and the Employer and the Local Union shall discuss labor requirements. A minimum number of key men such as foremen or superintendents transferred from one locality to another by the employer may exercise their proper functions without opposition from the Local Union or the International Union. The Employer hereby agrees to give preference when hiring to employees residing in the area covered by the Local Union having jobsite jurisdiction.
ARTICLE VI/ Hiring or Referral Systems
When there is in effect in any locality a union hiring hall or a job referral system, the functioning of such hiring hall or job referral system shall be governed by, and in full compliance with the following provisions:
a. The Employer shall have the right to determine the competency and qualifications of men referred by the Local Union and the right to hire or not hire accordingly.
b. The selection of applicants for referral to jobs shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, union membership, by-laws, rules, regulations, constitutional provisions or any other aspect or obligation of union membership, policies or requirements.