Masonry Magazine August 1974 Page. 25
ARTICLE IX/Industry Promotion
In order to enhance the best interests of the industry, there shall be no restriction by any party on construction methods or systems with respect to erection and installation.
ARTICLE X/Wages, Hours and Working Conditions
Wages, hours, fringe benefits and working conditions of local areas shall be applicable except all of the general provisions of this Agreement shall prevail.
ARTICLE XI/Grievance Machinery
When local agreements have been agreed upon through bona fide collective bargaining and where such agreements provide procedures for handling of grievances, except those of a jurisdictional nature, such procedures shall be the means by which grievances shall be handled. In the absence of grievance machinery in the local agreement or a settlement, then the matter shall be adjusted as provided below.
The Unions and the Association agree that in case of disputes, differences or misunderstandings (not resolved through local grievance machinery), there shall be no strike or stoppage of work until said dispute or misunderstanding has been referred to the International Offices of the Unions for amicable adjustment between those offices and the main office of the Association. Affirmative action must be taken within seven (7) working days. It being expressly understood between the parties hereto that the procedure for adjustment (set out in this ARTICLE XI) is exclusive and supersedes any other plan, method or procedure outlined in any agreements between a member or members of the Association and any Local Unions. The aforesaid no-strike provision shall not apply to the terms of a new contract between the local bargaining group and the Local Unions.
Procedure for settlement of jurisdictional disputes shall be as follows: Local union representatives of both the Bricklayers, Masons and Plasterers International Union of America and the Laborers' International Union of North America will meet with the Mason Contractors Association of America contractor to adjust the matter. If the matter cannot be settled locally all information will be submitted to the offices of the BM & PIU, L.I.U.N.A. and the M.C.A.A. whose decision shall be binding and final. This provision will supersede other provisions relative to resolving jurisdictional disputes.
ARTICLE XII/Savings Clause
The parties hereto agree that any provision in this Agreement which now or hereafter may be in contravention of the National Labor Relations Act, as amended, hereby are declared to be null and void.
Should any clause or provision of this Agreement be declared or determined to be illegal, or in conflict with any National law or Federal regulation covering the business of the Employer or the Unions, or in conflict with any law or regulation of any of the States of the United States or its possessions, or the Provinces of Canada covering the business of the Employer or the Unions, then in any such event, all parties agree that they shall meet immediately for the purpose of resolving a clause or provision that shall be in complete compliance with such law or regulation.
ARTICLE XIII/Liability
It is further understood that no liability shall arise on the part of the Mason Contractors Association of America by reason of any unauthorized acts by any of its officials, employees, or member firms. All such unauthorized acts shall be brought to the attention of the Mason Contractors Association of America. Exemption from liability shall not be contingent upon notification.
It is further understood that no liability shall arise on the part of the International Unions (BM & PIU and L.LU.N.A.) herein by reason of any unauthorized act by any employee or Local Unions or official thereof, affiliated with the International Unions. All such unauthorized acts shall be brought to the attention of the International Unions. Exemption from liability shall not be contingent upon notification.
ARTICLE XIV
Should parties to this Agreement come to an impasse on any matter involving its interpretation or implementation then they will seek the services of Dr. Quinn Mills, or by an impartial arbitrator of mutual approval, whose decision shall be final and binding on all parties.
Signed on behalf of
BRICKLAYERS, MASONS & PLASTERERS
INTERNATIONAL UNION OF AMERICA
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA
MASON CONTRACTORS ASSOCIATION OF AMERICA