Ibew National Agreement On Employee Portability

The national NECA and the international IBEW do not negotiate collective agreements. On the contrary, THE CBA are negotiated directly between the local CHAPTER of NECA and the local union shop. By paying a monthly fee to a NECA fund and signing a letter of sending authorizing the local NECA chapter to represent it in collective bargaining with local unions, a single electrical contractor enjoys the benefits of the CBA and is bound accordingly to its restrictions and obligations. While each CBA must be approved by the international IBEW, the national NECA does not have this veto power. In its response letter, NECA abandons its assertion that the CIR`s decision has an exclusionary effect and instead limited its fire to the local committee`s decision of October 1996. We reaffirm our view that the E CIR`s decision does not have an exclusionary effect on this case. The local committee exclusively verified amp-Rite`s alleged violation of portability. The dispute between Amp-Rite and NECA is based on a completely different theory that was not before the local committee, and NECA was not involved in this case. In fact, his involvement came after the decision of the local committee.

Consequently, the argument that Amp-Rite is requesting a review of the decision by the Assembly is misplaced. In the field of electrical contracts, electricians are organized and represented by the International Brotherhood of Electrical Workers (IBEW). The union is organized by geographical areas in local businesses representing union members in their territory. In our analysis, we found that the management contract left the owners with considerable control over the manager. See ID at *3. In addition, managers and owners have had interdependent management. See id. In addition, the Board noted that the language of the management agreement was not available for accountability.

See id. Thus, we found that a factual question arose as to whether a genuine agency relationship between the parties was required. See ID. for *3-4. Section 3.11 also contains a provision that was negotiated and agreed in July 1994 by NECA and IBEW International. The language, known as the “Category I language,” allows the Council on Industrial Relations (“cir”) to verify portability decisions made by local employment committees (“the local committee”). The verification may be opened by the offending electrical installer, who requests NECA to review the committee`s decision. The review of the EIC is in turn triggered by the recommendation of the relevant REGIONAL EXECUTIVE DIRECTOR of NECA or the International Vice-President of IBEW, if one of them finds that the actions of the local committee are contrary to the intent of the national agreement on portability.

NECA then argues that it owes no obligations to Amp-Rite under section 3.11 of the KNA (portability determination). Section 3.11 gives NECA and IBEW the right to request the EFC to review all drinkability decisions made by a local working/management committee. . . .

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