Understanding BTC/Cornell Contract Basic Training
Dive into the world of BTC/Cornell Contract Basic Training with detailed information on the agreement, roles and responsibilities, key elements, exclusive jurisdiction, and covered trades. Learn about compliance, collective bargaining, and important considerations within the Cornell University framework.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
BTC/ CORNELL CONTRACT BASIC TRAINING
WELCOME Today s Presenters: Laurie Johnston, Senior Director, Workforce Policy & Labor Relations Kelley Yeomans, Senior Director, Finance and Administration, Facilities and Campus Services
AGENDA Building Trades Council Agreement (BTC) What is the BTC agreement? What work applies to the BTC agreement? What does exclusive jurisdiction mean? What trades are covered? How does the BTC enforce its rights under the agreement?
ROLESAND RESPONSIBILITIES We are all responsible for compliance with the BTC/ Cornell Contract Workforce Policy and Labor Relations (WPLR) Collective bargaining agreement negotiation and administration Facilities Contracts Preparation of University's contracts that include the appropriate language. Respond to inquiries from WPLR, local union representatives and the Department of Labor. University Procurement Preparation of University's purchase orders ensures the appropriate language. Contract Colleges Facilities Provides administration of prevailing wage rates for state funded projects Guidance to the implementation of state requirements in State owned buildings
BTC/CORNELL CONTRACT KEY ELEMENTS BTC first recognized in 1968; first labor union contract at Cornell Current BTC Contract Dates July 1, 2015 - June 30, 2020; https://hr.cornell.edu/sites/default/files/documents/BTC.pdf Employees, regular and temporary, are employed by Facilities & Campus Services, Cornell University. Provides for exclusive jurisdiction for trades recognized by the contract Excludes preventative maintenance Geographic area covered per Article 1, Recognition: This Agreement ...shall include the University facilities in Tompkins County, New York......
WHAT DOES EXCLUSIVE JURISDICTION MEAN? "All work associated with the demolition,repair, replacement, improvement to or construction of equipment, buildings, structures, utilities, and/or system or components thereof." Work that is within the exclusive jurisdiction of any ofthe covered trades in the BTC/ Cornell contract must be performed by a member of that particular trade. Member of the trade may be a regular Cornell employee, a temporary Cornell employee, or a union tradesperson hired by the contractor doing the work Not included is work associated with monitoring, tests, lubrication and other repetitive maintenance work by FCS or EH&S Applicable to ALL work in Endowed Campus at Cornell (special requirements for Contract Campus, i.e., prevailing wage.)
TRADES POSITIONS COVERED BY THE BTC CONTRACT Trades covered by the BTC Contract: Electricians Plumbers/Steamfitters (includes HVAC/Controls) Carpenters Masons Trades notcovered, for example: Operating Engineers Iron Workers Glaziers Machinists Painters Sheet Metal Workers Laborers (assisting covered trades) Millwrights
MINOR REPAIRS ARTICLE OF THE BTC CONTRACT In 2010, Cornell and the BTC negotiated the Minor Repairs article in order clarify trade work and work done by non-union employees (usually UAW-represented maintenance mechanics). This article can assist in determining whether or not the work at issue is considered to be covered by the exclusive jurisdiction clause of the BTC contract. Examples in the Minor Repairs: Paint areas less than 1 square foot; Adjust door hardware; Operate valves to secure leaks; Reset branch circuits, one time only Repair or replace dry laid stones in pathway if 2 square feet or less
CONTRACT CAMPUS REQUIREMENTS PREVAILING WAGE Work covered by the BTC Contract on the Contract Campus must be performed by union labor or to non-labor who are paid the prevailing wage. Prevailing Wage Requirements - All workers employed on public works projects (New York State projects) must be paid the prevailing wage determined by the Director of the Department of Industrial Relations, according to the type of work and location of the project. Contract Colleges New York State Land and Facilities: Prevailing wages must be paid to all workers employed on a public works project state project when the public works project is over $1,000 NYS Labor Law, Article 8, Section 220 - Prevailing Wages must be paid tofor all construction/repair; renovation and maintenance work where the "work has to do with the...fabric and essential parts of public buildings ...."
HOW DOES THE BTC BRING ITS CONCERNS TO OUR ATTENTION? Visit to the Job Site Call to WPLR After review of eBuilder notice After seeing or hearing about the work done File a Grievance under the BTC Contract Contract provides for a procedure to address violations of the Exclusive Jurisdiction clause On receipt of a grievance, WPLR contacts the project manager, the department or facilities management to collect facts A Step 1 meeting is held with BTC and Cornell representatives to discuss the issue If the matter is not resolved at Step 1, BTC Contract provides additional steps for resolution including arbitration
OUR CHALLENGE **THERE IS NO BRIGHT LINE** Multiple "front doors for how construction, repair and maintenance gets done There is no "master list of how every task shouldbe appropriately assigned Multi-pronged analysis is often necessary: Details of specific job; Past practice; Grievance resolution history; All information can provide guidance and the guidance may not be definitive. No automatic exclusion for specialty work, warranty work or work occurring in a laboratory or classroom Relevant to consider whether there is an attachment to the fabric/ structure of the building
EXAMPLES Cement Work at Laboratory? Project manager aware of work being done, believed required a building permit; worked with WPLR and laboratory to identify what work is connected to experiments and what is infrastructure. Banners on Light Poles After an analysis that the banners are clipped to a bracket that is clipped on to the pole, it was concluded that this was not work exclusive to the BTC Granite Countertops with attached sinks Question of whether this is carpenter, mason or plumber work? A non-union granite installer was used to install the counter and the sink; Currently granite work is not routinely the work of carpenters or masons; This contractor offered lifetime warranty; Concluded that at this point, this work is not the exclusive jurisdiction of the BTC
BEST PRACTICES All contracts identify the BTC labor requirements and contractors are responsible for the labor requirements (whether or not they read them.) Might be helpful to highlight: Pre-Bid Meeting; Low Bidder at descope meeting. Emphasize it is a legal requirement and Cornell will hold the contractor responsible for compliance. Consult with internal resources on whether the work at issue is subject to the exclusive jurisdiction of the BTC Consult with external resources (e.g., BTC officers, business agents) for possible union contractors who might want to bid on the job
RESOURCES Workforce Policy and Labor Relations Laurie Johnston, lmj6; 5-6866 Lauran Jacoby, lj14; 5-6894 Experienced Project/Construction Managers Facilities Contracts Office Kelley Yeomans, kmy24; 4-8248 Brenda Frank, bf343; 5-7449 Procurement Melinda Sweazey, mss7; 5-0898
