COMMONLY ASKED QUESTIONS AND ANSWERS
TO THE SITE STABILIZATION AGREEMENT 2017
- Q: What positions apply under the SSA?
A: The SSA covers construction positions covered by the Davis Bacon Act and are itemized in the Appendix A. Generally classified as Journeyman, Apprentice, Foreman, General Foreman. Positions not covered under the SSA are Executives, Professional Engineers and their helpers (subject to Appendix A) Superintendents, Assistant Superintendents, Inspectors, Time keepers, messengers, clerical workers, any employees of the employer above the position of general foreman. (Article XIII Recognition) (See also Appendix A for Crafts)
- Q: I only have a few employees, do I have to follow the SSA?
A: Yes, When you have a construction contract deemed ‘covered’ it applies to all employees performing work at the INL. (Attachment 1 (b))
- Q: What does it mean to be ‘signatory’ under the SSA?
A: An employer who signs an ‘acceptance signature sheet’ shall be obligated to the terms and conditions of the Site Stabilization Agreement for all work covered by its contract or subcontracts performed at the site of construction and shall apply within the Territory (the borders of the INL) only. (Article IX ). The employer shall use the hiring hall of the craft that work is to be performed. (Article XIV). The employer may utilize certified apprentices registered with the DOL on all jobs within the Territory from the Joint Apprenticeship and Training Committees from the respective craft union. (Title 29, CFR parts 29 and 30)(Article XVIII Application of Appendix A)
- Q: What are the future impacts of becoming ‘signatory’ under the SSA?
A: The employer shall continue to be obligated to the terms and conditions of the SSA including wage negotiations on all jobs within the Territory (the borders of the INL). (Article IX) The Employer can lay off the employees at the end of a job and when they are awarded another job use the hiring procedure (manpower pool) to man the job. (Article XIV)
- Q: What if the employee does not work out?
A: The employer is not obligated to retain employees. The employer has the right to establish and enforce reasonable work rules for the job and to refuse to rehire anyone terminated for cause. (Article VI, paragraph 5) The employer can request another applicant from the hiring hall. (Article XIV)
- Q: What if the union has no employees available?
A: If the Union is not able to supply workmen within 48 hours (Saturday, Sunday, and Holidays excluded) after request (including special skills or qualifications), the Employer may secure workmen from any other source. (Article XIV, paragraph 11)
- Q: What types of employees do I have to hire (i.e., Journeyman, apprentices, etc.)
A: The employee ‘types’ are dependent on craft. Most crafts have Journeyman and Apprentices only, where other crafts are classified in ‘Groups.’ These ‘groups’ are defined in the Appendix A. (Appendix A, Classifications, Wages & Benefits). So, if you need a general laborer you would request a Group 1 Laborer from the list. The amount of apprentices allowed on a job is defined in the individual craft ‘Apprenticeship Standards’ as defined by the Department of Labor. (Title 29, CFR parts 29 and 30)(Article XVIII Application of Appendix A)
- Q: What benefits do I have to pay, even though I provide benefits through my company?
A: The employer is obligated to pay the wage package to the employee. Signatory employers shall pay the appropriate wage and benefits in the Appendix A. The benefits shall be remitted to the craft’s Pension Fund, Health & Welfare Fund, and Training Fund as per the respective Trust Agreements. Qualified 401K funds may be ‘rolled over’ from one fund to another. (Appendix A, Item 8), (Article XVIII Application of Appendix A)
- Q: If I am ‘signatory’ when do I have to pay increases to wages and benefits?
A: Adjustments to Appendix A wage rates shall commence June 1, of each year usually with annual wage openers negotiated prior to May 31, each year. (Footnote 26 (f)(g)(h)(i) etc.)
- Q: When are the benefit payments due to the union benefit funds?
A: Each Trust fund has due dates when payments are to be made. The employer should refer to the appropriate union for further information. (Appendix A, Item 8)
- Q: Do I have to pay ‘Per Diem’ to the job everywhere on the INL Site.
A: Yes. Because the Territory is located in a remote location the Employer agrees to pay each employee $35.00 for each day worked. If the employee voluntarily rides in employer furnished transportation, the employee will receive $19.00 for each day worked. If the employee travels to and from the Territory during designated shift hours in employer provided transportation, no ‘per-diem’ will be paid (employee is already on the payroll). (Article XVII Item 8 Per-Diem Pay)
- Q: What are the Overtime rates and how do they apply?
A: 5/8hour work week: (8 hour shift) 8 hours of straight time 9th and 10th hour 1 ½ times the straight time rate of pay, all hours after 10 hours 2 times the straight time rate of pay. 4/10 hour work week: first 10 hours of straight time, all hours after paid at 2 times the straight time rate of pay. Friday, Saturday the first 10 hours is 1 ½ times the straight time rate of pay. All hours after 10 are 2 times the straight time rate of pay.
NOTE: If an employee shows up late through no fault of the employer, the employee shall work their full established shift hours before overtime is paid.
If the employer directs the employee to report late, overtime will be paid after the normal established shift. (Article XVII, 2. Normal Shift, 8 hour shift, 10hour shift, )
- Q: If there is not enough work to last the whole day do I have to pay my employee for the whole day?
A: No. ‘Make work’ practices shall not be tolerated. A 40 hour work week is not guaranteed under the agreement. (Article XVI #2)
- Q: If I get a job, how do I get signed up as a ‘signatory’ contractor?
A: Contact the Site Labor Coordinator for information. (Article IX and Article XI)
- Q: Do I have to pay my employees to do drug testing, training, and site access?
A: Yes. Wages paid for training and medical examinations related to construction work are covered by the INL Site Stabilization Agreement, including per-diem. (footnote 33, Appendix A working conditions for all crafts)
- Q: Do I have to pay my employees once a week even though I pay bi-monthly?
A: Yes. A payday shall be established once a week with no more than 3 days held back. This means that three days held back and paid at the first of shift on the 4th day. (Article VI footnote 46) (Article XVI #20)
- Q: When I get a job what is a Pre-Job conference?
A: A Pre-Job conference is to inform the Unions of the scope of the job. The topics at a Pre-Job conference are size, length, start date, estimated peak employment, craft loading, general description of job, conditions deemed peculiar to the job, i.e. Hazmat training, respirator, special skills, etc. (Site Construction Jurisdictional Procedural Agreement Article IV)
- Q: Is it permissible to use one craft to help other craft do their work?
A: Generally No. Descriptions of work performed by a craft are defined in craft jurisdiction, National Agreements, rulings from the Plan for Jurisdictional Disputes Resolution and area past practice between the unions. The Department of Labor has descriptions of work for the various crafts. If you use a lower wage package craft to supplement a work done by a higher wage package craft, all wages have to be paid at the higher rate.
- Q: Does the Site Stabilization Agreement apply to projects off the INL site even if the project is in Idaho Falls at one of the facilities operated by DOE?
A: Generally No. Article III of the Site Stabilization Agreement states “This AGREEMENT shall cover all OWNER contracts or subcontracts for the performance of construction work at the actual site of construction within the geographic confines of the Idaho National Laboratory.” Idaho Falls is outside of the geographical confines of the INL. If the project is federally funded, the Davis Bacon Act would apply.