THIS AGREEMENT is made and entered into effective the 1st day of June, 1999, by and between the PLUMBING AND MECHANICAL CONTRACTORS ASSOCIATION OF MILWAUKEE AND SOUTHEASTERN WISCONSIN, INC. (hereinafter referred to as "Association"), and the WISCONSIN LABORERS' DISTRICT COUNCIL AND ITS AFFILIATED LOCAL UNIONS 113,237, AND 392 of the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA (hereinafter collectively and severally referred to as "Union").

That the parties hereto, for and in consideration of the mutual promise and obligations hereinafter imposed, and mutual benefits derived agree to and with each other as follows:

Section 1.1. The Employer acknowledges that the Union has submitted proof in the form of signed authorization cards that the Union represents a majority of the Employer's employees in the job classification included in the bargaining unit covered by the current labor agreement between the Union and the Employer.

Based upon such showing, the Employer therefore voluntarily agrees to recognize and hereby does recognize the Union as the exclusive collective bargaining agent for all such employees within such bargaining unit as provided in Section 9(a) of the National Labor Relations Act. The Employer waives any right it may have to a National Labor Relations Board (NLRB) election to confirm the majority status of the Union.

It is understood that entering into this Recognition Agreement neither increases nor decreases the coverage of the collective bargaining relationship currently in force between the parties.

This Agreement for Voluntary Recognition is made and entered into this_______day of______ 19__ , by and between_______________(hereinafter referred to as the "Employer") and the Union.

The Union has claimed and demonstrated and the Employer is satisfied and acknowledges that the Union represents a majority of the Employer's employees in the appropriate bargaining unit covered by the Labor Agreement to which this Recognition Agreement is attached.

The Employer hereby recognizes the Union as the exclusive bargaining agent under Section 9 (A) of the National Labor Relations Act for all employees performing work within such collective bargaining unit on all present and future jobsites within the Union's geographic jurisdiction.

Section 2.1. Recognition. The Association and the employers represented by it recognize the Unions as the exclusive bargaining representative for laborers and all other classifications as specifically covered by this Agreement. The parties recognize that Local Union No. 113 has jurisdiction over Laborer employment in Milwaukee County, Ozaukee County and Washington County; Local Union No. 392 has jurisdiction over Laborer employment in Racine and Kenosha.

Section 2.2. The Employer agrees to require, during the life of this Agreement, membership in the Union, as a condition of continued employment of all employees covered by this Agreement, after seven (7) days following the effective date of this Agreement, or after seven (7) days following commencement of such employment, whichever is later; provided, however, that such membership in the Union is available to such employees on the same terms and conditions generally applicable to other members and that such membership is not denied or terminated for reasons other than failure by the affected employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.

Section 2.3. Sewer, Tunnel and Water Jurisdiction Work Assignment. The contractor hereby agrees to assign any work within the jurisdiction as described below to bargaining unit employees.

Trenches and Manholes Under Public Roadways, Related Handling and Distribution of Pipe, etc.: Cutting of streets and ways for laying of pipes in main sewers, cables, or conduits for all purposes; digging of trenches, manholes, etc. related handling and conveying of all materials; concreting, backfilling, grading and resurfacing and all other labor connected therewith; clearing and site preparation as described herein; cutting or jack hammering of streets, roads, sidewalks or aprons by hand or the use of air or other tools; digging of trenches, ditches and manholes and the leveling, grading and other preparation prior to laying pipe or conduit for any purpose under public roadways; loading, unloading, sortin, stockpiling, wrapping, coating treating, handling and distribution of water mains, gas mains and all pipe for placement under public roadways, including placing, setting and removal of skids; cribbing, driving of sheet piling, lagging and shoring of all ditches, trenches and manholes under public roadways; handling, mixing or pouring of concrete and the handling and placing of other materials for saddles, beds or foundations for the protection of pipes, wires, conduits, etc.; backfilling and compacting of all ditches, resurfacing of roads, streets, etc., and/or restoratin of lawns and landscape.

Shafts and Tunnels, Subways and Main Sewers under Public Roadways: Construction of main sewers under public roadways, shafts, tunnels, subways, caissons, cofferdams, dikes, dams, levees, flood control projects; underground work involved in mines, underground chambers for storage or other purposes, tunnels or shafts for any purpose whether in free or compressed air; drilling or blasting, mucking and removal of material from the tunnels and shafts; the cutting, drilling and installation of material used for timbering or re-timbering, lagging, bracing, propping or shoring the tunnel or shaft; assembly and installation of multiplate, liner plate, rings, mesh, mats or forms for any tunnel or shaft, including the setting of rods for same; pouring, pump-creting or gunniting of concrete in any tunnel or shaft; operation, manual or hydraulic jacking of shields and the use of such other mechanical equipment as may be necessary; excavation or digging and grading of footings and foundations for bridges, overpasses, underpasses, aqueducts, etc. and their approaches; all concrete work as described above and in addition, the hooking on, signaling and dumping of concrete for tremie work over water on caissons, piling, abutments, etc.; excavation, grading, grade preparation and landscaping of approaches; installations of gratings and grille work for drains or other purposes under public roadways; all related grouting, grout machines, tuggers, drills (track or wagon), forklifts, locomotives, mucking machines, boring machines, welding and welding machines, and drills (whether hand or mechanically operated).

Compressed Air or Free Air: In compressed air, all work underground or in compression chambers, including tending of the outer aid lock; all work in compressed air construction; including, but not limited to, groutmen, trackmen, blasters, shield drivers, miner's brakemen, miner's helpers, lock tenders, mucking machine operators, motor men, gauge tenders, rodmen, compressed air electricians, setting of liner plate and ring sets, drill runners, powdermen or blasters, air hoist operators; form men, concrete blower operators, cement (insert) operators, power knife operators, erector operators, keyboard operators, pebble placer operators, car pushers, grout machine operators, steel setters, cage tenders, skinners track chucktenders and cable tenders, vibratormen, jetgun men, gunite nozzle men, gun men, rebound men and all other work connected herewith.

Main Sewers under Public Roadways and Multiplate: Unloading, sorting, stockpiling, wrapping, coating, treating, handling, distribution and lowering or raising of all pipe or multiplate for placement under public roadways; all digging, driving of sheet piling, lagging, bracing, shoring and cribbing; breaking of concrete, backfilling, tamping, re-surfacing and paving of all ditches in preparation for the laying of all pipe under public roadways; pipe laying, leveling and making of the joint of any pipe used for main sewers or under public roadways; all of the laying of clay, terra cotta, ironstone vitrified concrete or other pipe and the making of joints for main under public roadways; laying of lateral sewer pipe from main sewer to lot line; digging under streets, roadways, aprons or other paved surfaces for the passage of pipe, by hand, earth auger or any other method.

Drilling and Blasting: All work of drilling, jackhammering and blasting; operation of all rock and concrete drills, including handling, carrying, laying out of hoses, steel, handling, installation of all temporary lines and handling and laying of all blasting mats; all work in connection with blasting, handling and storage of explosives, carrying to point of blasting, loading holes, setting fuses, making primers and exploding charges; all securing of surfaces with wire mesh and any other material and setting of necessary bolts and rods to anchor same; all high scaling and other rock breaking and removal after blast; handling and laying of nets and other safety devices and signaling, flagging, road guarding.

Signal Men: Signal men on all construction work defined herein, including traffic control signalmen at construction sites.

General Excavation and Grading: The clearing, excavating, filling, backfilling, grading and landscaping of all sites for all purposes and all labor connected therewith, including rodmen, chainmen, grade markers, etc.

Pits, Yards, Quarries, Etc.: All drillers, blasters and/or powdermen, nippers, signalmen, laborers in quarries, crushed stone yards and gravel and sand pits and other similar plants including temporary and portable batching plants.

Use of Tools: Operation of all hand, pneumatic, electric, motor combustion or air-driven tools or equipment necessary for the performance of work described herein.

Miscellaneous: All such work and jurisdiction as may have been acquired by reason of amalgamation or merger with former national or international unions and as may be hereafter acquired; including all such work and jurisdiction as declared by actions of the Executive Council or conventions of the American Federation of Labor.

Section 3.1. Workday and Workweek.

(a) Workday. The regular workday shall consist of eight (8) consecutive hours of work excluding one-half (1/2) hour unpaid lunch period, between 6:00 A.M. and 5:30 P.M..

(b) Workweek. The workweek shall be forty (40) hours, worked during the period beginning Monday at 6:00 A.M. and ending Friday at 5:30 P.M. When more than one (1) shift is worked, the workweek shall start at 6:00 A.M., on Monday and end at 8:00 A.M. on Saturday.

(c) Workweek (4-10's). The employee may work four ten hour days, by mutual consent of the employee and the Employer, which will apply only to work performed Monday through Friday of the same workweek. The workday may begin at 6:00 A.M. and end at 5:30 P.M. Friday shall be considered a make up day if 32 hours or less are worked from Monday through Thursday as a result of lost time due to inclement weather. A full ten-hour workday may be worked on Friday with all hours worked in excess of forty hours paid at one and one-half the base straight-time hourly rate.

All work performed before the established starting time and after the ten-hour workday shall be paid at one and one-half the base straight-time hourly rate. All work performed on Saturday shall be paid at one and one-half the base straight-time hourly rate.

(d) Scheduling. The workday starting time, and workweek schedules are to be established on or before the last day of the previous workweek.

Section 3.2. Overtime. All work peformed in excess of eight (8) hours per day (in the event the workweek consists of five (5) eight (8) hour workdays) or in excess of ten (10) hours per day (in the event the workweek consists of four (4) ten-our workdays as provided in Section 3.1.( c)) Monday through Friday, shall be compensated at one and one-half (1 ½) times the straight-time hourly wage rate. Time worked before 6:00 A.M. and after 5:30 P.M. shall be compensated at one and one-half (1 ½) times the straight-time hourly wage rate.

(a) All work performed on Saturdays shall be compensated at one and one-half (1 ½) times the straight-time hourly wage rate.

(b) All work performed on Sundays and on the holidays specified in subsection (c ) below, shall be compensated at double the straight-time hourly wage rate.

(c) The legal holidays for the purpose of this Section shall be New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day, and Christmas Day. No work shall be performed on Labor Day.

Section 3.4. Shift Operations.

In the event shifts are worked:

(a) Employees working the second shift commencing after 3:00 P.M. and ending not later than 11:00 P.M., shall receive a second-shift premium of thirty-five cents ($0.35) per hour in addition to their regular straight-time hourly wage rate.

(b) Employees working the third shift commencing after 11:00 P.M. and ending not later than 7:00 A.M. the following day, shall receive a third-shift premium of forty-five cents ($0.45) per hour in addition to their regular straight-time hourly wage rate.

Section 3.5. Call-in and Reporting Pay

(a) Employees who report to work at the direction of the Employer, or their agents, and are not placed at work, shall be entitled to two (2) hours' pay at the established rate, unless prevented from working because of inclement weather.

(b) Employees called out for part-time work shall receive a minimum of four (4) hours' pay at the established rate.

Section 4.1. Current Wage Adjustments.

(a) Effective June 1, 1999, the total wage and fund contribution package increase shall be: Plumber Laborer First Man increased one dollar and twenty cents ($1.20) per hour; Plumber Laborer Second Man increased one dollar and five cents ($1.05) per hour. Yard Man increased sixt-eight cents ($0.68) per hour and New Employee increased fifty cents ($0.50) per hour. The increase due June 1, 1999 may be allocated to wages and/or existing funds as determined by the Union.

(b) Effective May 28, 2000, the total wage and fund contribution package increase shall be: Plumber Laborer First Man increased one dollar and twenty cents ($1.20) per hour and Plumber Laborer Second Man increased one dollar and five cents ($1.05) per hour. The increase due May 28, 2000 may be allocated to wages and/or existing funds as determined by the Union.

(c) Effective June 3, 2001, the total wage and fund contribution package increase shall be: Plumber Laborer First Man increased one dollar and fifteen cents ($1.15) per hour and Plumber Laborer Second Man increased one dollar and five cents ($1.05) per hour. The increase due June 3, 2001 may be allocated to wages and/or existing funds as determined by the Union.

(d) Effective June 2, 2002, the total wage and fund contribution package increase shall be: Plumber Laborer First Man increased one dollar and fifteen cents ($1.15) per hour and Plumber Laborer Second Man increased one dollar and five cents ($1.05) per hour. The increase due June 2, 2002 may be allocated to wages and/or existing funds as determined by the Union.

(e) Effective June 1, 2003, the total total wage and fund contribution package increase shall be: Plumber Laborer First Man increased one dollar and twenty cents ($1.20) per hour and Plumber Laborer Second Man increased one dollar and five cents ($1.05) per hour. The increase due June 1, 2003 may be allocated to wages and/or existing funds as determined by the Union.

Section 4.2. List of Job Classifications and Wage Rates. The wage rates in effect on any and all plumbing work involving plumber laborers where a plumbing permit is required, are as follows:

* Vacation Pay is considered as wages of an employee and is included in this rate. In addition, Vacation Pay shall be deducted from the employees' paycheck and sent to the Laborers Vacation Fund.

** Hazardous and/or Toxic Waste - On those occasions when an employee is required to work under conditions which may expose such employees to hazardous and/or toxic waste, that rate shall be fifteen cents ($0.15) per hour above the stated rate.

Job Classifications

Plumber Laborer First Man - The classification of plumber laborer first man shall include any employee whose duties involve working in a trench including performing the laying of pipe, the preparation of the trench prior to laying a pipe, the shoring of all trenches and related work. This classification shall also perform the building of manholes.

Plumber Laborer Second Man - This classification of employee shall service the plumber laborer first man, and other crafts but his duties shall not involve work in the trenches.

When an employee is performing work of a higher paid classification, he shall receive the wage rate of that classification.

Section 4.3. Other Agreements.

(a) House Connnections. Work on all house connections for sewer, water or gas, , when let as a group or county, city, town or village, or by an owner, shall be governed and be done in accordance with the so-called "Sewer, Tunnel & Water Labor Agreement" to which the Union is party. More particularly, the wage rates established by said agreement shall be paid for foremen, pipelayers, bottom men, mockers, top men and general laborers.

(b) Other Work. The wage rates established by said "Sewer, Tunnel and Water Labor Agreement" shall also apply where trenching machines are used. Where tight sheeting is used on tunnel work the same wage rate specified in Section 3 (a) shall also apply. Rat-holing shall not be considered tunnel work.

Section 4.4. Digging and Sinking of Tanks. The digging and sinking of all tanks for gasoline, oil, etc., shall be classified as plumber laborers' work and will be paid for at the rate established for the second man, as provided in section 4.2.

(a) Pay Day. Wages for work and services rendered by an employee shall be paid weekly on any regular workday and shall be paid in cash or by check. No more than two (2) days' wages may be withheld by the Employer. The Employers will provide each employee, on pay day, with a memorandum stating the amounts deducted from such wages for Social Security and Income Tax withheld.

(b) Discharge or Layoff. When employees are laid off or discharged, they shall be paid in full, in cash or by check, and the employer shall furnish such employees a slip showing the reason for the lay-off or discharge. If it is impossible to pay such employees on the job, upon such discharge or lay-off, the Employer's check shall be delivered, or mailed to the employee's home, or to the office of the Union, and if mailed, it shall be posted within twenty-four (24) hours. In the event a laid-off employee does not receive the employee's check within forty-eight (48) hours, he/she shall notify the Employer that a penalty is in force (see subsection (c )), and said penalty shall apply and become effective immediately after the expiration of the first twenty-four (24) hours after layoff. The postmark on the envelope shall designate the time at which the check or wage payment was mailed.

(c) The penalty to be paid by an Employer, as provided for and referred to in subsection (b) of this Section, shall be the payment, to the affected employee, of his/her regular straight-time hourly rate of pay, not to exceed eight (8) hours per day, plus payments to the Building Trades Union Pension Trust Fund, Construction Workers Health Fund, Building and Public Works Laborers Vacation Trust Fund, Plumbing Industry Development Fund and the Wisconsin Laborers' Skill Improvement Fund, until payment is received by such affected employee.

Section 4.6. Travel, Transportation and Out-of-Town Work.

(a) Local Travel. Employees shall be responsible for transportation costs to the first job and from the last job of each workday when job is located within the jurisdictional boundaries of Locals 113, 237, and 392 as stipulated in Article I. Transportation costs for travel outside of the territorial jurisdiction of Locals 113, 237, and 392 will be reimbursed at a rate allowed by the Internal Revenue Service if the employee furnishes vehicle to the job. When an employee is required to travel to subsequent job assignments during the same workday in his/her own vehicle, reimbursements in that event shall be at the rate per mile as allowed by the Internal Revenue Service.

(b) Out-of-Town Work. The territorial jurisdiction of the Union shall extend to such territory bordering on Milwaukee County which is not controlled by other local unions of the International Union. In all such territories, Employers shall be required to pay the wage rates provided for in this Agreement. On all work outside the territorial Jurisdiction of the Union, employees shall receive their board and transportation to and from work. For time consumed in traveling during Sundays and weekdays, employees shall receive pay at the straight-time rate. No pay for night traveling. Should the Employer have a job in town where there is a local of the International Union, at least one employee represented by Local No. 113, Local No. 237, and Local No. 392 must be sent to superintend such work. All other employees are to be taken from among employees represented by the nearest local, if there are none in the city where the work is being done. If employees wish to travel home on weekends, they may do so at their own expense, but room and board shall be allowed for a full week.

(c) Employees shall not be permitted to use their own cars for the purpose of carrying tools and materials to and from jobs during working hours. No employee will be permitted to use his/her car for jobbing. Employees are not permitted to rent their automobile to their Employer.

Section 5.1. The Employer agrees that when subletting or contracting out work covered by this Agreement which is to be performed within the geographical coverage of this Agreement at the site of the construction, or all other work, such work will be sublet or contracted out only to an Employer who has signed or is covered by a written labor agreement with the Union. At those job sites at which the Employer subcontracts work covered by this Agreement, the Employer agrees to employ, or the subcontractor agrees to employ, Union bargaining unit employees. In no event will the subcontracting clause be enforced through economic action.

Section 5.2. (a) The Employer further agrees to give written notice to all subcontractors that such subcontractors are required to pay their employees the wages and fringe benefits provided for in this Agreement.

(c) The Employer agrees to not enter into any individual agreement which permits the employees to perform their work on any basis of pay other than an hourly rate which shall not be less than the rate specified in this Agreement. It is further agreed that all forms of compensation related to employee productivity, such as bonus systems, quota systems, piecework systems, lumping labor systems and other incentive type arrangements will not be used.

Section 6.1. There shall be paid monthly, by each Employer covered by this Agreement, for all hours worked within the jurisdiction of Local 113, 237, and 392, to the Construction Workers Health Fund, Department No. 787, Milwaukee, WI 53278, the amount so determined by the Union each year of the contract.

Section 6.2. Except as to portions of one cent ($0.01) per hour of the hourly contributions paid pursuant to this Section, all of the hourly contributions paid by Employers to the Trustees of the Construction Workers Health Fund shall become part of the trust fund of such Health Fund and shall be used for health benefits, administrative costs and as may otherwise be prescribed in the Trust Agreement governing such Fund. The said portions of $0.01 per hour of the hourly contributions paid pursuant to this Section, shall not become part of the trust fund of such Health Fund, but shall be received, held and used by such Trustees as the Employers' agents solely for the purposes of (I) paying the Employers' portion o FICA taxes which may be payable on sick pay pursuant to Section 3 (b)(1) of P.L. 97-123 and of (ii) paying possible reasonable compensation to the Trust Fund for providing the FICA tax payment administrative services.

Section 6.3. The Association shall be the exclusive representative of the employers and shall have equal representation (50%) with the participating unions in the administration of said Construction Workers Health Fund. Such Fund shall also be open to all plumber laborers, who are members of the Union, who are employees of the Employers not represented by the Association, on the same basis as it is available to employees of the Employers represented by the Association, provided their employers make the required contributions to said Fund which the Union agrees shall be required of all Employers.

Section 6.4. (a) Payments to the Health Fund are to be made at the end of each month in which the work was performed, but not later than the fifteenth (15th) day of the following month, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in payments to the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said delinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1 ½%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorney's fees and any other costsand expenses reasonably arising in connection with any collection action.

(c) If the employees are removed from the job by the Union to enforce such delinquent payments including liquidated damages, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

Section 6.5. Members who retire may continue to receive certain specified benefits from the Fund under terms and conditions outlined by the Trustees and upon payment of the required contribution and dues to the local union.

Section 7.1. for the length of this agreement, The Building and Public Works Laborers' Vacation Trust Fund (hereinafter "Vacation Fund"), established in 1955, shall continue to remain in full force and effect."

(a) Out of the wage package, each Employer covered by this Agreement, shall pay monthly, for all hours worked, within the jurisdiction of Locals 113, 237, and 392 to the Building and Public Works Laborers Vacation Trust Fund, Department No. 787, Milwaukee WI 53278, the amount determined by the Union on an annual basis.

Section 7.2. (a) The payment to the vacation fund for vacation pay and working dues shall be credited to respective individual employees under and subject to such conditions, limitations and policies as may be provided under the applicable Trust Agreement and as may be established by the Trustees of the Vacation Fund. Vacation pay shall be included in gross earnings for the purpose of computing deductions for withholding tax and Social Security.

(b) The payment of one cent ($0.01) per hour shall no be credited to individual employees, but shall be used by Trustees to pay employees covered by this Agreement for jury duty pay under and subject to such conditions, limitations and policies as may be established by the Trustees of the Vacation Fund.

Section 7.3. The rules under which such Vacation Plan and Trust Fund established in connection therewith are to operate as set forth in a Trust Agreement heretofore entered into between the Association and the Union, and in the Bylaws prepared by the Trustees pursuant to such Trust Agreement, which Trust Agreement and Bylaws follow the terms and provisions of the Health Fund, referred to in Article VI hereof, as closely as practicable.

Section 7.4. (a) Payments to the Vacation Fund are to be made at the end of each month in which the work was performed, but not later than the fifteenth (15th) day of the following month, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in payments to the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said delinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half (1 ½%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorney's fees and any other costs and expenses reasonably arising in connection with any collection action.

(b) If the employees are removed from the job by the Union to enforce such delinquent payments including liquidated damages, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

(c) It is agreed that workers who appear as witnesses on Workers Compensation Hearings shall receive compensation and the source of the compensation is to be from the Jury Duty Fund.

Section 8.1. Each Employer, covered by this Agreement, including Local 113, 237, or 392, shall pay monthly to the Building Trades United Pension Trust Fund, Milwaukee and Vicinity, for each employee covered by this Agreement, for all hours worked, the amount so determined by the Union. Such hourly contribution rate may be modified effective May 28, 2000, June 3, 2001, June 2, 2002, and June 1, 2003 in accordance with Article IV.

Section 8.2 The Pension Trust Agreement dated June 1, 1959, which shall govern the establishment, administration and operation of said Pension Trust Plan, provided, however, that the said Trust Agreement and said Plan contain provisions requiring uniform contributions and uniform benefitsThe Employers and the Union shall have equal representation on the Board of Trustees which shall govern and administer such Pension Trust Fund and Plan. The employees covered by this Agreement are to receive such benefits as they may be entitled under said Trust Agreement and Pension Plan.

Section 8.3. The Employer agrees to abide by the terms and conditions of the above-mentioned Trust Agreement, and the rules and regulations heretofore and hereafter adopted by the Trustees pursuant to such Trust Agreement; and accepts the Employer Trustees appointed by the Association as provided in said Trust Agreement as the representatives to administer such Trust Fund, and all such past or succeeding Employer Trustees as shall have been or will be appointed by the Association. The Employer hereby ratifies all actions taken by such Trustees within the scope of their authority.

Section 8.4. (a) Payments to the Pension Fund are to be made at the end of each month in which the work was performed, but not later than the fifteenth (15th) day of the following month, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in payments to the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said delinquency and in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half (1 ½%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorney's fees and any other costs and expenses reasonably arising in connection with any collection action.

(b) If the employees are removed from the job by the Union to enforce such delinquent payments including liquidated damages, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

Section 9.1. The offering of partnerships, independent organization of employees and participation in management, in order to avoid the payment of minimum rates of pay, compensation insurance, social security, unemployment insurance and compliance with the maximum hours of labor, is hereby made a violation of this Agreement.

Section 9.2. On work where a sewer or water pipe is to be laid from the street or curb to the house, building, or plant, the Employer shall have working on said job not less than two (2) plumber laborers, providing the trench is eight (8) feet or more in depth.

Section 9.3. Employees covered by this Agreement are not required to work in extra hazardous places and will not work in violation of OSHA.

Section 9.4. The Employer shall furnish all tools and other equipment required on the job.

Section 9.5. There shall be no restrictions of the use of any raw or manufactured material except prison-made.

Section 9.6. No employees covered by this Agreement, shall directly or indirectly, or by subterfuge, sublet solely the labor required to be performed by a contract secured by such employees.

Section 9.7. No employee covered by this Agreement shall be discharged or be discriminated against for reporting any violation of the plumbing laws or of the terms of this Agreement.

Section 9.8 None of the provisions of this Agreement shall be deemed to supersede any State or Federal Law which imposes requirements as to the standard of hours of labor, rates of pay or other conditions of employment which requirements are more stringent than those provided for in this Agreement.

Section 9.9. No licensed or registered Union Plumbing Contractor or any employee of a licensed or registered Union Plumbing Contractor in the jurisdictional area shall install any piping or equipment to do any work except in accordance with the rules and regulations of local authorities. Where no such rules and regulations exist, then such installations shall be made according to the Wisconsin State Plumbing Code.

Section 9.10. When an employee loses time due to absence resulting directly from an accident occurring while on the job, and the injury so sustained requires the attention of a physician, the Employer shall pay for those regularly scheduled hours which were lost by the employee on the day such injury occurred.

Section 9.11. The Employer agrees that no employee will be discharged or disciplined in any respect for having filed a claim for compensation for an on-the-job injury. An employee who loses time because of an injury incurred on the job site or in the course of employment will be reinstated to his/her former position replacing any employee hired subsequent to the injury, provided the injured employee has not been incapacitated by the injury to such an extent that he/she is no longer qualified for the work.

Section 9.12. There shall be a competent foreman on the job at all times, with the exception of jobs where the contract price is less than five thousand dollars ($5,000.00) or where three (3) men or less are employed under this Agreement; said foreman to be a member of the Local Union.

Section 9.13. Responsibility of the Employer for loss by fire of personal belongings of individuals shall not exceed eighty-five dollars ($85.00) per worker, unless the loss of a larger amount is supported among other things, by an inventory of said personal effects on that particular job previously filed with the main office of the Employer.

Section 9.14. When any employer covered by this Agreement needs additional men, he shall consider calling the Union for such additional men.

Section 9.15. Employer shall show the straight-time hours and overtime hours worked on all pay check stubs.

Section 9.16. All employees covered by this Agreement are at liberty to work for any contractor who has reached a Union Agreement with this Local Union, and contractors are at liberty to employ and discharge, with cause, any employee covered by this Agreement.

Section 9.17. Stewards may be appointed by the Union on each job. Stewards shall perform duties at such times as will not interfere with regular work. Should any grievances arise, the steward shall notify the business manager at once, who shall use every means to adjust such grievance without stoppage of work. Stewards shall always carry a copy of the working rules while at work. Stewards shall be subject to the jurisdiction of the joint arbitration board.

Stewards shall be competent workers who shall not be dismissed without just cause nor shall be discriminated against while performing duties as outlined in this Agreement. Stewards may also act as the safety person for employees covered by this Agreement if properly trained under the Industry Advancement Program.

Section 9.18. It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action in the event an employee refuses to enter upon any property involved in a primary labor dispute or refuses to go through or work behind any picket line including a primary picket line of the Union party to this Agreement and including primary picket lines at the Employer's place of business. It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action if an employee refuses to perform any services which the Employer undertakes to perform as an ally of the Employer or persons whose employees are on a primary strike and which service, but for such strike, would be performed by the employees of the employer or persons on strike.

Section 9.19. (a) In the event that safety equipment of any kind is required by law, regulation, or Employer directive, it shall be provided at the expense of the Employer. The Union shall not be responsible for any violation of safety statutes or regulations. All safety apparel and protective clothing shall be furnished by the Employer except prescription glasses and safety shoes, boots and gloves except when provided for in the contract.

(b) Employees shall furnish their own hard-toe boots and hard-toe shoes. Upon proper evidence of purchase, the Employer shall reimburse the employee up to but not to exceed twenty-five dollars ($25.00) per year per pair of hard-toe boots or hard-toe shoes, and such footwear shall be worn by the employee.

(c ) It is understood that all Employer-supplied safety equipment is the Employer's property. A receipt for property supplied and an authorization for deduction from wages of cost for same will be signed by the employee. In the event an employee fails to return an Employer's property, said employee will reimburse the Employer by having the cost of said property deducted from such employee's next payroll check as per the authorization.

Section 9.20. New Employee Classification.

(a) New Employees shall be defined as employees who have not worked in the jurisdiction covered by this Agreement and who have not performed work covered by this Agreement prior to June 1, 1999. Employees hired by Employers that qualify as New Employees shall be hired as New Employees and be paid the new Employee rate.

(b) New Employee is to receive $12.46 per hour.

(c) New Employees shall be limited on a 1 to 5 ratio and shall not exceed 8 per Employer.

(d) New Employees must register at the Union Hall and be properly assigned to the Employer by the Union.

(e) During the term of this Agreement, in the event there is a reduction in the work force, all New Employees must be laid off first.

(f) Fringe benefits are to be paid on all hours worked for New Employees.

(g) Upon completion of nine (9) cumulative months of employment, the New Employee shall be upgraded to the appropriate classification.

Section 9.21. Key Man Provision. Employers from outside the six-county area covered by this Agreement agree to hire persons who are permanent residents of either Milwaukee, Waukesha, Washington, Ozaukee, Racine or Kenosha County. This provision applies to all work performed within the six-county area. Employers from outside the six-county area may bring in supervisory personnel. Laborer Foreman shall not be considered supervisory personnel. Exceptions to this Section must be mutually agreed upon.

Section 9.22. A member of the Union may show his or her pay envelope or check, upon demand, to the business agent.

Section 9.23. License fees of restricted plumbers and blasters shall be paid by the Employer.

Section 10.1. This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. In the event an entire operation or any part thereof is sold, leased, transferred, or taken over by sale transfer, lease, assignment, receivership or bankruptcy proceeding such operation shall continue to be subject to the terms and conditions of this agreement for the life therof.

Section 11.1. It is hereby agreed and understood that nothing in this Agreement shall be interpreted, construed, or applied in any way that will conflict with the provisions, requirements, purpose and intent of the constitution of the Laborers' International Union of North America or the obligations of its members in connection therewith.

Section 11.2. In the event of a jurisdictional dispute, it is agreed that there shall be no stoppage of work while the jurisdictional dispute is pending and the craft doing the work shall continue until the jurisdictional dispute is settled.

Section 11.3. It is further agreed that the International Presidents of the trades involved shall settle the jurisdictional dispute.

Section 12.1. During the life of this Agreement, each Employer covered by or subject to this Agreement, shall pay to the Plumbing Industry Development Fund, Inc. (Hereinafter referred to as "Development Fund"), 155 S. Executive Drive, Suite 215, Brookfield, WI 53005, for each employee covered by or subject to this Agreement , effective June 1, 1999 the amount of eight cents ($0.08) per hour (whether straight-time or overtime) for which wages or compensation is payable to an employee under this Agreement, in the Counties of Milwaukee, Ozaukee, Washington, Racine and Kenosha. These payments shall not be made later than the fifteenth (15th ) day of each month for which payments is to be made.

Section 12.2. (a) The Employer agrees to abide by the Articles of Incorporation and Bylaws of said Development Fund and the rules and regulations heretofore and hereafter adopted by the Board of Directors in pursuance thereof, and accepts the Officers and Directors of said Development Fund as have been selected and appointed in accordance with said Articles and Bylaws as the representatives, to administer the funds in the possession of said Development Fund, and all such past or succeeding officers and directors as shall have been or will be so selected or appointed. The Employer hereby ratifies all action already taken by such officers and directors within the scope of their authority.

(b) It is further understood that the Employer contribution of eight cents ($0.08) per hour effective June 1, 1999, as required by Section 12.1, shall not be referred to or considered as wage or fringe benefit payments.

Section 12.3. In the event an Employer becomes delinquent in payments to said Development Fund, such Employer shall be assessed, and hereby expressly agrees to pay, as and for liquidated damages, the sum of two dollars ($2.00) per employee for each thirty day period or fraction thereof, that such Employer is delinquent in making payments to the Development Fund.

Section 12.4. If the employees are removed from the job by the Union to enforce payments or liquidated damages assessments, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

Section 12.5. Each Employer who is required to make payments to the Development Fund, pursuant to Section 12.1, shall promptly furnish to the Association, or to its authorized agents, on demand, all necessary employment, personnel, and payroll records relating to its former and present employees covered by this Agreement, including any relevant information that may be required in connection with the administration of the Development Fund and for no other purpose. The Association, or its authorized agents, may examine such employment, personnel, or payroll records whenever such examination is deemed necessary by the Association, or its authorized agents, in connection with the proper administration of the Development Fund.

Section 13.1. Each Employer, covered by this Agreement, shall pay monthly to the Wisconsin Laborers' Skill Improvement Fund (hereinafter "Skill Improvement Fund"), 2801 Coho, 301, Madison, WI 53713, for each employee covered by this Agreement, the amount of ten cents ($0.10) per hour for each hour (whether straight-time or overtime) for which wages or compensation is payable to an employee under this Agreement, in the counties of Milwaukee, Ozaukee, Washington, Waukesha, Racine and Kenosha.

Section 13.2. (a) Payments to the Fund are to be made at the end of each month in which the work was performed, but not later than the fifteenth (15th) day of the following month, after which time the payments will be considered to be delinquent. In the event an Employer becomes delinquent in payments to the Fund, and after the Trustees have advised the delinquent Employer, in writing, of said delinquency an in view of the fact that the anticipated and actual damages are difficult or incapable of accurate ascertainment in such event, such Employer may be assessed, by the Trustees, as liquidated damages, 20% of such delinquent payments and further such delinquent Employer shall be required to pay interest at the maximum rate permitted by law, not to exceed one and one-half percent (1 ½%) per month, on the unpaid and delinquent balance (including unpaid past due liquidated damages, if any) owed. In the event that the Fund's Administrative Manager refers the delinquency to legal counsel for collection, then such Employer shall be obligated to pay, in addition to such liquidated damages and interest charges, reasonable attorney's fees and any other costs and expenses reasonably arising in connection with any collection action.

(b) If the employees are removed from the job by the Union to enforce such delinquent payments including liquidated damages, the employees shall be paid by the delinquent Employer for all lost time at the straight-time hourly rate.

Section 13.3. There is established a Trust Fund Agreement which shall govern the administration and operation of the Fund. The Employers and the Union shall have representation on the Board of Trustees which shall govern and administer such Trust Fund Agreement. The employees covered by this Agreement are to receive such benefits as they may be entitled to under said Trust Fund Agreement.

Section 14.1. Joint Grievance Board. There is created a Joint Grievance Board for the purpose of settling and adjusting grievances, controversies and disputes, under or involving the provisions of this Agreement, in accordance with the terms of this Article. Such Joint Grievance Board shall consist of three (3) members to be appointed by the Association, and of three (3) members appointed by the Union. The Joint Grievance Board shall meet periodically to discuss grievances.

Section 14.2. Settlement of Disputes. Should any disputes, controversies or grievances, under or involving the provisions of this Agreement, arise between the parties to such Agreement, or between an Employer and the Union, or an employee represented by the Union, such matter shall, upon request of an of the affected parties, be referred to such Joint Grievance Board for settlement or adjustment. A conference for the settlement or adjustment of such matter shall be scheduled, when possible, within twenty-four (24) hours with the conference to be held within five (5) working days.

Section 14.3. Arbitration. If the matter cannot be satisfactorily settled or adjusted by such Joint Grievance Board, it shall be referred to arbitration in accordance with the following procedures:

(a) The members of the Joint Arbitration Board, as established pursuant to Section 14.1 of this Agreement, shall agree upon the selection of a seventh (7th) impartial member of such Joint Arbitration Board.

(b) The Association and the Union, each, shall bear the expense of their own representatives on the Joint Arbitration Board. The fees of the impartial seventh (7th) member, and all expenses of the Board of Arbitration, shall be borne equally by the Association and the Union, except that in the event the matter in dispute involves an Employer who is not affiliated with the Plumbing and Mechanical Contractors Association of Milwaukee and Southeastern Wisconsin, then the Union and such Employer shall equally bear the expense.

(c) The decision or award of a majority of the seven (7) member Board of Arbitration shall be final and binding upon all parties, providing that it is within the authority of the Board. Said Board of Arbitration shall have no authority to change or modify any of the terms and conditions of this Agreement.

(d) A written decision of the Board of Arbitration shall be handed down as soon as reasonably possible, and in no event, shall decision be issued later than thirty (30) days following the conclusion of the hearing before the Board.

Section 14.4. Grievances over discharge or suspension shall be filed no later than ten (10) calendar days after the matter is brought to the attention of the business representatives of the Union and in no event later than six (6) months after the event giving rise to the grievance for all grievances involving monetary liability excluding health, pension and vacation.

Section 14.5. A strike or lockout to enforce safety or sanitary conditions on the job only in the area of violation of said conditions, shall not be construed as a violation of this Agreement.

Section 15.1. A "Fringe Benefit Fund", as that term is used in this Article, is any trust fund to which the Employer is obligated to make contributions, under this Agreement, specifically the Building Trades United Trust Fund, the Construction Workers Health Fund, the Building and Public Works Laborers Vacation Fund and, further, the Plumbing Industry Development Fund, Inc., and the Wisconsin Laborers' Skill Improvement Fund, provided for in Articles XII and XIII, respectively. The term "Trustees," as used in this Article, shall also have reference to the "Association" and to the officers of the Plumbing Industry Development Fund, Inc., with respect to the Plumbing Industry Development Fund, Inc.

Section 15.2. The Employer's obligation under this Agreement to make payments and contributions to the Fringe Benefit Funds for all employees covered by this Agreement applies to all employees regardless of membership or non-membership in the Union.

Section 15.3. All payments to the Fringe Benefit Funds for employees covered by this Agreement, and while the same is in effect, are deemed to be paid pursuant to this Agreement.

Section 15.4. The Employer shall promptly furnish to the Trustees of any Fringe Benefit Fund, or to their authorized agents, on demand, all necessary employment, personnel or payroll records relating to its former and present employees covered by this Agreement, including any relevant information that may be required in connection with the administration of the Fringe Benefit Fund. The Trustees or their authorized agents may examine such employment, personnel, or payroll records whenever such examiniation is deemed necessary by the Trustees, or its authorized agents, in connection with the proper administration of the Fringe Benefit Fund.

Section 15.5. The trustees of any fringe benefit fund may, for the purpose of collecting any payments required to be made to such fund, including damages and costs, and for the purpose of enforcing rules of the trustees concerning the inspection and audit of payroll records, seek any appropriate legal, equitable and administrative relief and they shall not be required to invoke or resort to the grievance or arbitration procedure otherwise provided for in this Agreement. In the event it becomes necessary to commence any such legal, equitable or administrative action against any Employer, such Employer shall be obligated to pay to the respective fringe benefit fund or funds, attorney's fees, as well as any court reporter fees, filing fees and the actual costs of effecting service of papers.

Section 16.1. Every Employer who is subject to this Agreement, regardless of the number of persons employed, shall obtain coverage under the Workers and Unemployment Compensation Acts of the State of Wisconsin.

Section 17.1. When the Industry Promotion Fund is established, there will be a diversion of one cent ($0.01) tied to promoting union construction. This one cent ($0.01) will be taken from the total wage package.

Section 17.2. Any such diversion must be by mutual agreement between the Association and the Union.

Section 18.1. Any provisions of this Agreement which may be in violation of any applicable Federal or State laws, shall not be effective and not be binding upon the parties hereto. In the event that any of the provisions of this Agreement are held or constituted to be void or to be in violation of any such laws, nevertheless, the remainder of this Agreement shall remain in full force and effect, unless the parts or provisions so found to be void or in violation of any such laws are wholly inseparable from the remaining portion of this Agreement.

Section 19.1. (a) It shall be the policy of the Employer and the Union, not to unlawfully discriminate in employment based upon age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, sexual orientation, or military service and to provide equal employment opportunity for all qualified persons.

(b) There shall be no unlawful discrimination against any employee by any Employer, nor there shall be any unlawful discrimination by the Union against any Employer, on the basis of Union membership or activity.

Section 20.1. This Agreement shall be binding upon the parties, their successors and assigns, and shall continue in full force and effect until May 31, 2001, and from year to year thereafter, unless terminated by written notice given by either party to the other not less than ninety (90) days prior to the expiration date (May 31, 2004) or any anniversary thereof, since it is the intention of the parties to settle and determine, for the term of this Agreement, all matters constituting the proper subjects of collective bargaining between them, it is expressly agreed there shall be no reopening of this Agreement for any matter pertaining to rates of pay, wages, hours of work, or other terms and conditions of employment, or otherwise, during the term of this Agreement.

Section 20.2. Effective as of June 1, 1999, this Agreement supersedes and replaces the 1998-1999 Agreement heretofore entered into as of June 1, 1998.

Executed this________day of____, 1999, retroactive to June 1, 1999.

LABORERS INTERNATIONAL UNION OF NORTH AMERICA

WISCONSIN LABORERS' DISTRICT COUNCIL ITS AFFILIATED LOCAL UNION NO. 113

PLUMBING AND MECHANICAL CONTRACTORS ASSOCIATION OF MILWAUKEE AND SOUTHEASTERN WISCONSIN, INC.

WISCONSIN LABORERS' DISTRICT COUNCIL AND ITS AFFILIATED LOCAL UNION NO. 392

This substance abuse policy and assistance program has been adopted and implemented pursuant to the negotiations between the Plumbing and Mechanical Contractors Association of Milwaukee and Southeastern Wisconsin, Inc. (hereinafter "Association" and the Wisconsin Laborers' District Council and its Affiliated Unions in Wisconsin of the Laborers' International Union of North America ("Union"). The term "Contractor" or "Company" when used herein refers to the construction industry contractors who are members of Association or independent conractors. Should any dispute arise with respect to the application or implementation of this policy and program as to Employees employed by Contractors, such disputes shall be submitted to the grievance and arbitration provisions of this Agreement.

I. PURPOSES

A. To establish and maintain a safe, healthy working environment for all employees;

B. To ensure the reputation of the Contractors, their products and services, and their employees within the community and industry at large;

C. To reduce substance abuse-related accidental injuries to persons or property;

D. To reduce a substance abuse related absenteeism and tardiness, and to improve productivity;

E. To provide rehabilitation assistance for qualified and eligible employees who seek help;

F. To provide against liability because of injuries or accidents caused by individuals using alcohol or drugs at work;

G. To deter individuals from bringing, possessing or using alcohol and drugs in connection with work;

H. To clearly state the commitment of construction con- tractors and the Union to a workplace free from the effects of illegal drug use; and '

I. To comply with any law or regulation requiring such programs.

II. POLICY

A. General Provisions

    1. The Contractor prohibits the use, possession or distribution on its premises or work sites of the following: Narcotics, illegal or unauthorized drugs (including marijuana). Employees must not report to work impaired by any drug, intoxicant or narcotic. Legally prescribed drugs may be permitted on company premises or work sites provided the drugs are contained in the original prescription container and are prescribed by a medical practitioner for the current use of the person in possession of the drug.

    2. The Contractor prohibits the use, possession, distribution of alcohol beverages or the presence of personnel impaired by such beverages on its premises or work site. The only exception to this policy is the possession of unopened and sealed alcoholic beverages which are permitted in personal vehicles and on company property.

    3. The Contractor reserves the right to have authorized personnel conduct any additional substance testing mandated by law.

    4. At the discretion of the Contractor, any persons found in possession, offering for sale, purchasing or distributing any illegal substance as described in item one of this section, will be reported to the civil authorities.

    5. Any employee working on a Federal project is required by law to report any conviction of a violation relating to a criminal drug statute occur- ring in the workplace to his or her superior within five (5) days of such conviction.

    6. Where a contracting agent requires testing of contractor employees other than as is provided for in this policy, the project owner, the Union and the Contractor shall meet to find a mutually satisfactory solution for the particular project.

B. Pre-Employment Screening -Required by law. Where pre-employment testing for drug or alcohol use is required by law, applicants must consent to such testing. Successful passing of such tests will be required before applicants will be eligible for employment.

C. Post-Employment Screening

    l.(a) Any employee that reports to work and whose supervisor has reasonable suspicion to believe that the employee is impaired by the use of drugs as defined in this section, will be subject to discipline defined in this section, will be subject to discipline up to and including suspension and be required to undergo a drug test. Those circumstances, both physical and psychological, deemed to be pertinent will be given consideration. Reasonable suspicion is a belief based on behavior observations, or other evidence, sufficient to lead a prudent or reasonable person to suspect that an employee is impaired by a controlled substance (slurred speech, inappropriate behavior, decreased motor skills, etc.).

    (b) Any employee who reports to work and whose supervisor has reasonable suspicion to believe that the employee is impaired by alcohol will be required to undergo a test for blood alcohol content. If the test is positive, the employee shall be subject to discipline up to and including suspension. Those circumstances, both physical and psychological, deemed to be pertinent will be given consideration. "Reasonable suspicion" is deemed, for purposes of this subsection, as in subsection 1 (a) above.

2. Whenever possible, before an employee is required to submit to testing under this policy, the employee should be observed by more than one individual.

3.(a) All positive tests for controlled substances will be confirmed with a second reliable testing method. Initial testing will be of the immunoassay type, with all confirmation testing being by gas chromatography/mass spectrometry. The testing lab will be certified for Federal Workplace Drug Testing Programs. Chemicals to be tested for are marijuana, cocaine, opiate, phencyclidine and amphetamines. Limits for each of the substances will be according to appropriate federal, state and DOT regulations as they are updated periodically.

    (b) The Employer and the Union will select by mutual agreement a reputable laboratory to perform actual testing. The testing agency must be certified by State or Federal government health authorities as a medical laboratory and must meet the regional requirements for forensic standards: testing must be performed by a certified toxicologist on equipment exclusively dedicated to testing. An unbroken chain of custody of the specimen from the time it is taken from the employee of through the time the laboratory tests the specimen shall be pre- served; tamper-proof sample-handling methods must be observed; and the laboratory must follow the test manufacturer's instructions in both administration of the test and the reporting of results as "positive" or "negative".

    (c) At the request of any employee tested under the drug and alcohol testing procedure contained in this agreement, a portion of the original specimen(s) will be preserved for private testing by the employee at his or her own expense by an independent laboratory in the event questions are raised concerning the accuracy of the test administered at the requests of the Employer. The additional test performed at the employee's request will be admissible under the grievance and arbitration procedures in this contract, however, if and only if the methodology employed is substantially identical and equivalent to the methodology authorized in this article.

    (d) Testing for blood-alcohol contest will be blood analysis or breathalyzer. A positive test result for alcohol will be reflected by a blood-alcohol type content equal to or greater than current Wisconsin State Motor vehicle regulations.

4. In the event the test indicates a negative result, the employee shall be immediately reinstated and paid any wages and benefits that would have been paid had his work hours not be interrupted by the test. This is considered full reinstatement.

5. In the event of a positive confirmatory test for a controlled substance or positive test for blood alcohol content, the employee will be referred to participate in the appropriate assistance program of the employee's health fund. Strict adherence to the guidelines and recommendations, medically recommended, from that program will, for a first violation, avoid severe discipline or termination except where the employee was impaired at the time he was involved in an accident involving a serious injury or substantial damage to property or where the employee was involved in theft and conviction of property from the contractor or a contractor's customer.

6. If the employee who tested positive for sub- stance abuse enters any required or recommended aftercare program, a negative test within 30 days will make the employee eligible for immediate reinstatement provided the Employer has work available and the employee continues and successfully completes the required or recommended aftercare program.

7. If an employee refused to be tested for substance abuse, he will remain on suspension for a maximum of thirty (30) days. A negative test in this thirty (30) days will make the employee eligible for reinstatement providing he or she continues and successfully completes any required or recommended aftercare program. Continued refusal to submit to a drug screening after the thirty (30) day period, if recommended by an E.A.P. counselor, will subject the employee to severe disciplinary action up to and including termination.

III COUNSELING OR TREATMENT

A. Plumbing and Mechanical Contractors Association of Milwaukee and Southeastern Wisconsin and the Union shall develop and maintain a list of appropriate alcohol and drug abuse treatment centers, counseling centers, and/or medical assistance centers.

B. If the employee is qualified and eligible, a portion of the expenses the employee incurs in consultations and treatment under this program shall be borne by the applicable fringe benefit fund referred to in this Agreement pursuant to and to the extent provided in schedules, terms and requirements as the trustees of said fund shall prepare and have available schedules of benefits or reimbursements available to employees participating in such programs.

C. If an employee participating in the treatment pro- gram prescribed does not comply with the recommendations, advice or schedules established by the counselor or counseling agency, the counselor or counseling agency shall immediately advise the Contractor and the Union. The foregoing section shall not apply to an employee who voluntarily seeks assistance pursuant to paragraph IV "Rehabilitation".

D. Prior to the test, the applicant or employee must be given an opportunity to sign a consent and release form authorizing and agreeing to the test. The consent and release are to be in the form of Exhibits A and B to this policy. The drug test will consist of urinalysis drug screen and, if a drug screen is positive, a follow-up confirmatory test as per Post Employment Test item 3. These tests shall be at the Contractors' expense.

E. The parties recognize that drug testing may reveal information concerning individual employees of a highly personal and private nature unrelated to the employment of the employee or any other legitimate concern of outside parties; therefore, to protect the employee's rights any test results shall be disclosed only to employer, employee, authorized union agent or testing lab.

F. Within three (3) working days of notification by certified letter or hand delivered with receipt of a positive test result, an employee may request that the laboratory retest the original sample at his expense. If the retest is negative, the contractor shall reimburse the employee for the cost of the retest.

IV. REHABILITATION

Any employee who feels that he or she has developed an addiction or dependence to alcohol or drugs is encouraged to seek assistance. Requests for assistance will be handled in strict confidence through the E.A.P.

V. MISCELLANEOUS PROVISIONS

A. Contracting agencies may require certain contractors establish and maintain written drug awareness programs with certain minimum provisions. In the event that a contractor may do so only pursuant to the terms herein.

B. An appropriate notice to employees concerning the existence of this program, the treatment and counseling available as well as the penalties described above shall be communicated to employees under the Agreement.

C. Neither the PMC, nor the Union shall be liable for any activities or conduct engaged in pursuant to this program.

VI. CONCLUSION

This program and policy statement are intended to protect the Contractor's most valuable asset, namely its employees. The health and safety of all employees and the general public is of the utmost concern. The above presented program will help insure a safe workplace for all.