ARTICLE IX - Contract Service
Par. 1. Contract Service is hereby defined as any contract
obtained by the Company for regular examination or care of apparatus
enumerated in Article IV and Article IV(A) of this Agreement
and general repairs as indicated in Article VIII, Par. 2 for
a period of not less than one (1) month. Contract Service Work
shall be exclusively performed by Elevator Constructor Mechanics,
Elevator Constructor Helpers and Elevator Constructor Apprentices.
Par. 2. Two (2) helpers or apprentices to each three (3) mechanics
may be employed in contract service work. The helper or apprentice
when working with the mechanic shall perform all work assigned
to him by the mechanic.
A 70% helper or a second year apprentice may work alone under
the general supervision of the mechanic in his assigned district
provided such helper or apprentice is met on the first job daily.
The helper or apprentice shall notify the office and/or mechanic
when changing jobs and at the completion of the work day.
When working alone the helper or second year apprentice shall
perform only oiling, cleaning, greasing, painting, replacing
of combplate teeth, relamping and fixture maintenance, the inspection,
cleaning and lubrication of hoistway doors, car tops, bottoms,
and pits, observing operation of equipment and at no time when
working alone shall such a helper or apprentice perform any
other work or function normally performed by mechanics. The
word "District" means the regular contract service
route of the mechanic or mechanics to whom the helper or apprentice
has been assigned that day.
Par. 2A. When the Company obtains a contract that requires
a Mechanic and Helper or Apprentice to be on the job and/or
in a building at all times during the regular weekly working
hours, such Helper or Apprentice shall not be considered as
part of the two (2) to three (3) agreement mentioned above,
provided no Probationary Helpers or Probationary Apprentices
are assigned to such regularly scheduled work.
Par. 2B. Where a Local Office has contract service work requiring
more than two (2) Elevator Constructor Mechanics full time,
the third Elevator Constructor employed in that office may be
a Helper or Apprentice. A 70% helper or second year apprentice
may work alone under the general supervision of the mechanic
in his assigned district provided such helper or apprentice
is met on the first job daily. The helper or apprentice shall
notify the mechanic when changing jobs and at the completion
of the work day. When working alone such helper or second year
apprentice shall perform only cleaning, oiling, greasing, painting,
replacing of combplate teeth, relamping and fixture maintenance,
the inspection, cleaning and lubrication of hoistway doors,
car tops, bottoms, and pits, observing operation of equipment
and at no time when working alone shall such a helper or apprentice
perform any other work or functions normally performed by mechanics.
The word "District" means the regular contract service
route of the mechanic or mechanics to whom the helper or apprentice
has been assigned that day. The phrase "Local Office"
as mentioned in this paragraph means Local Representatives,
Resident Mechanics, etc. performing contract service work as
defined in Par. 1 of this Article, in a city outside the primary
of a local union. (Local Representatives, Resident Mechanics,
etc., as referred to above, shall be permitted to do one man
or as a member of a team, team repairs, in accordance with Article
VIII, Par. 2), and, as a member of a team, ADA modernization
and unloading of construction material. However, where a local
office is located within a zoned or per diem area of a local
union, the employee(s) assigned to such office shall be paid
expenses in accordance with the Local Travel and Expense Agreement
when performing work, as a member of a team, team repairs, ADA
modernization and unloading of construction materials.
Inasmuch as Local Representatives, are on call for extended
periods of time, they shall, upon request, receive a minimum
of six (6) weekends per year when they are relieved of their
on-call obligation. These weekends are in addition to their
accrued vacation. The Local Representative must give fourteen
(14) calendar days notice before each requested weekend off.
Par. 2C. Upon reasonable request of the International Office
of the IUEC, the Company shall make available to the properly
designated International Representative the information necessary
to determine that all employees in a service office are being
treated relative to wages, hours worked, straight time and overtime
hours paid, Pension and Health Benefit Plan payments in accordance
with the Master Company Agreement.
Par. 3. It is agreed the regular working day shall consist
of eight (8) consecutive work hours, with an unpaid lunch period,
between 6 A.M. and 6 P.M., five (5) days per week, Monday to
Friday, inclusive. Any Mechanic, Helper or Apprentice assigned
regular hours beginning before 8 A.M. or ending after 5 P.M.
shall be so assigned for a five (5) consecutive working day
increment. It is agreed that for business reasons of the Company
or personal reasons of the affected employee, the Company and
the local union may modify these times.
It is agreed that in order for call - backs to be answered in
downtown business areas or similar business areas, the Company
may assign a Mechanic or Mechanics to remain at a mutually agreed
building beyond regularly established working hours not to extend
beyond 6:30 P.M. For all such work beyond his regularly established
working hours the Mechanic or Mechanics shall be paid at the
rate of time and one - half. Should such assigned Mechanic or
Mechanics be authorized to continue work on a job when a call
- back extends beyond 6:30 P.M., the man or men shall receive
applicable travel time and travel expense home. Where a paid
or non - paid holiday occurs, Monday through Friday, inclusive,
the work performed on Saturday during the week in which any
holiday occurs shall be time and one - half the single time
rates.
Par. 4. Work performed on Sundays shall be classed as overtime
and paid for at the rate of double time (2x). All other time
worked before and after the regular working day or in excess
of eight (8) consecutive work hours with an unpaid lunch period
and on Saturdays shall be at the rate of time and one - half.
Par. 5. Call - backs on contract service on overtime, except
Sundays and holidays, shall be paid for at the rate of 1.7 times
the rate of single time.
Par. 6. Call - backs on contract service on Sundays and holidays
shall be paid for at double the rate of single time.
Par. 7. On contract service where the Company has a contract
in one building only or adjacent buildings, for the examination
and care of enough elevators to warrant keeping a man or men
working continuously for sixteen (16) hours, the Company may
establish a shift (s) from 5:00 pm to 12:00 am or 12:00 am to
7:00 am. Pay for this work will be (8) hour's pay for (7) hours
worked at the regular rate of pay. Saturday, Sunday, and Holidays
are classed as overtime and paid at the overtime rate. For the
sixteen (16) hour calculation the seven (7) hour shift will
be counted as an eight (8) hour shift.
Par. 8. (a) Employees engaged in contract service work agree
they will respond to call - backs outside of their regular work
hours. The Company, the local union, and the employees shall
meet and cooperate in establishing a callback system, which
will cover such issues as a list of employees available on designated
dates to respond to overtime callbacks, the number of employees
on call-back at any given time, replacements for vacations and
holidays, and trading of on - call duty. In the event the local
union, the employees, and the Company cannot agree on the establishment
of the callback system, the Company and the IUEC will meet to
establish the system.
Travel time from home to job and from job to home on overtime
call - backs
(starting after regular working hours and terminating before
start of regular working hours) shall be paid for at the same
overtime rate applying to the work. Travel expenses on overtime
call - backs shall be paid as agreed in Local Expense Agreements.
When consecutive overtime call - backs occur, the employee shall
receive the applicable overtime rate and travel expenses from
home to job, from that job to one or more other jobs and then
back home.
Men called out before the regular working hours shall receive
the applicable travel time and travel expense from home to job.
(Exception: The Company may call and instruct men to report
to any given job at his regular starting time on his route in
the primary.)
When call - backs made during regular working hours extend into
overtime and the employee is authorized to continue work, he
shall receive the applicable travel time and travel expense
home.
(b) Employees who are designated to be available for overtime
call - backs pursuant to paragraph (a) above, or who are called
out before the regular working hours, or who are on call - backs
that extend into overtime, shall be entitled to and receive
such compensation as described below during the period of time
that such employees are responding to call - backs outside of
their regular hours of work:
The rate of pay for overtime call - backs shall not be less
than 1.7 times the straight time rate of pay.
The premium pay described above is made in lieu of standby pay
and in recognition of the fact that contract service employees
agree to make themselves available for overtime calls.
(c) It is understood and agreed that employees who are available
to respond to overtime call - backs are waiting to be engaged
(as defined by the Fair Labor Standards Act) by the Company.
Employees who are waiting to be engaged are free to participate
in personal activities; are not required to remain at home,
at the Company's premises or any other specified location during
the period that they are on call. Employees who are "on
call" may leave the location they have indicated as the
place of their primary contact. However, such employees will
be available for callout by either leaving another phone number
where they can be contacted or by carrying on their person a
communication device such as a pager, cellular telephone, two
- way radio, or other such communication device which enables
the Company to contact them.
