Tuesday, December 18, 2018
Appendix

The Industrial Relations Council
for the Plumbing and Pipe Fitting Industry

Table of Contents

(Click on red headings to jump to that section)

 

RULES & REGULATIONS
            NEGOTIATION MATTERS                                                                        
            ARBITRATION/GRIEVANCE DISPUTES                                                
 
COUNCIL SECRETARY’S SUGGESTIONS FOR PARTIES
            REACHING THE DECISION TO SUBMIT YOUR MATTER                
            PREPARING THE SUBMISSION FORMS                                           
            PREPARING WRITTEN BRIEFS                                                           
            ORAL PRESENTATIONS                                                                         
 
INSTRUCTIONS TO SUBMITTING PARTIES                                                
 
EXAMPLE OF COMPLETED SUBMISSION FORMS                                    
 
EXAMPLE OF STATEMENT OF UNRESOLVED NEGOTIATIONS                       
 
 
 
SUBMITTOR’S CHECK LIST                                                                             
 
COUNCIL HISTORY                                                                                             
 
 
 
DIRECT COMMUNICTIONS TO:
Scott W. Strawbridge, Secretary
Industrial Relations Council
P.O. Box 159
Benicia, CA 94510
Telephone: 707-751-0100
Fax: 707-751-0200
 
 
 
DIRECTIONS FOR SUBMITTING COLLECTIVE BARGAINING NEGOTIATIONS TO THE COUNCIL
“NEGOTIATION MATTERS”
 
 
For the purpose of enabling employers and employees in the Plumbing and Pipe Fitting Industry to submit continuation of collective bargaining Negotiations to the Council the following “Rules & Regulations” should be observed.
 
When the Council hears a “negotiation matter,” the Council acts as a continuing Negotiation Board on behalf of the parties, and Council members are not impartial, but represent the interests of their respective labor or employer parties. Under the Council’s “Charter,” negotiation determinations must be my unanimous agreement of the council members engaged in the negotiations.
 
1.         Apply to the Secretary of the Council for Submission forms.
 
a)    Read the submission forms carefully and note what is required by the Council.
 
b)    Fill out the forms in detail and completely
 
c)    Each party should sign the same Submission forms (a “Joint Submission.”) However, if the parties cannot agree upon the unresolved issues within ten (10) working days after the Secretary sends out the submission forms, the parties shall complete, sign and file separate submission forms with the Secretary. All unresolved issues must be presented to the Council. In case of non-agreement by the parties upon what are the unresolved issues, the Council will consider all issues raised in the local negotiations and set forth in the separate submissions and make findings of the facts to resolve the differences between the parties and establish a single consolidated list of issues, as part of its continuation of negotiations. If only one party files a submission form, the Council will not undertake continuation of negotiations unless a court, the National Labor Relations Board, or other competent authority, directs submission to the Council. The Council will not proceed with a Hearing while NLRB or any other legal action is ongoing.
 
d)    Mail or deliver the completed Submission forms to the Secretary of the Council as promptly as possible, per the instructions of the Secretary.
 
2.         Written briefs of the parties must be filed with the Council after transmittal of the submission forms to the Secretary.
 
a)    Each party should furnish the Council with twelve copies (8 ½ x 11) of a brief supporting its position with respect to the issues submitted. The Council shall also be furnished with twelve copies of the existing or last labor agreement, together with twelve copies of drafts of proposed revisions to the agreement, and two copies of all matters agreed upon by the parties during local negotiations. When the Secretary has received briefs from each of the parties, he will send copies of the opposition brief to each party, or request the parties to exchange copies.
 
b)    The briefs should deal with the issues in the same order in which they are listed on the submission forms.
 
c)    Each brief must contain all the facts tending to support the contention of the party presenting the brief.
 
d)    Briefs shall be complete. The Council usually does not accept additional paperwork at the Hearing.
 
3.         In the event both parties to the dispute do not submit briefs within the time specified, the Council may proceed with the hearing and continued collective bargaining negotiations on the basis of the evidence submitted.
 
4.         Upon Council’s receipt of the Submission forms (Joint or Separate,) the parties will then be notified of the date and place of the meeting of the Council at which the matter will be considered. Such meeting usually takes place within thirty (30) days of Council’s receipt of the Submission forms.
 
5.         Each party shall have a member, officer or designated representative appear before the Council to support its brief orally and to provide the Council with such further information that it may require. The Council will not proceed with only unilateral representation, as this precludes the Council’s representatives of that party from the benefit of caucuses with them. If either party desires a pre-hearing conference with its Council representatives (that is, Union with Union Council Members and Employer with Employer Council Members,) the Secretary shall be notified in advance so that he can schedule such conference. Such conferences are routinely scheduled and are encouraged to assist the Council Members in better pursuing the interests of the parties they respectively represent.  The Council wants to hear directly from the parties(Union and Employer).  The use of Attorneys at the hearing is strongly discouraged.
 
 
6.         The parties are urged to continue efforts to settle the issues locally between the date of submission and the negotiated agreement by the Council. A matter or any issue or issues thereof upon which local agreement has been reached may be withdrawn by mutual consent of the local parties at any time prior to agreement by the Council. Such withdrawals may be presented to the Council at the time of the hearing.
 
7.         If there is no organized employer group that is a party to the submission, the individual names, addresses and signatures of each employer party to the submission must be listed on the submission forms. Each employer joining in the submission who is not a member of an employer organization that is a party to the submission should also list its individual name, address, and officer signature on the submission form.
 
8.         Organized employer and employee groups, parties to a submission, should attach to the submission form certified evidence of authority to submit the matter for further negotiation by the Council. A contract provision requiring submission, together with evidence of applicability, the Constitution or Bylaws of the submitting organization, or resolutions of the respective organization’s governing body or membership, or a direction of a court or the National Labor Relations Board, or other competent authority, may be such evidence.
 
9.         The Council may deal with all items in the collective bargaining agreement to the same extent that the parties could in their bargaining. The Council does not normally do this, but it may do so in special cases where necessary to accomplish an appropriate resolution of the issues.
 
10.      No collective bargaining negotiations will be continued by the Council while a strike, lockout or other work stoppage exists, unless a court or the National Labor Relations Board, or other competent authority, directs the parties to submit the matter to the Council. The Council will not proceed with a Hearing while NLRB or any other legal action is ongoing.
 
 
 
DIRECTIONS FOR SUBMITTING DISPUTES/GRIEVANCES UNDER AN EXISTING COLLECTIVE BARGAINING AGREEMENT TO THE COUNCIL “ARBITRATION/GRIEVANCE DISPUTES”
 
 
For the purpose of enabling employers and employees in the Plumbing and Pipe Fitting Industry to submit to the Council for settlement, arbitration/grievance disputes arising under an existing collective bargaining agreement with respect to interpretation, application or violations of said agreement, the preceding rules and regulations for “Negotiations” should be observed, with the following exceptions.
 
1.         When hearing an “arbitration/grievance” dispute, the Council acts as an impartial Arbitration Board to resolve the disputed matters presented to them. Under the rules of Arbitration, the Council may reach its conclusion by a simple majority vote.
 
2.         Further, to preserve the impartiality and fairness of the Industrial Relations Council members acting as an Arbitration Board, no communication, written or oral, and no caucuses or pre-hearing conference will be had between any party on the Arbitration Board that is not made fully known to all parties, and no meeting will held between any party and a member or members of the Arbitration Board without the presence of all parties at such a meeting.
 
3.         “Arbitration/grievance” disputes shall be submitted to the Council in accordance with the rules and regulations for “Negotiation Disputes,” with the foregoing two exceptions when applicable. 


COUNCIL SECRETARY’S SUGGESTIONS FOR PARTIES
The following are not rules of procedure of the Council, but, rather, are explanations that are offered for the information and guidance of submitting parties.
 
It would seem that it would be a simple matter to reach a mutual agreement to submit to the Council a continuation of collective bargaining negotiations, or a dispute under an existing collective bargaining agreement. However, the decision must be a mutual agreement, otherwise the Council cannot act. The mutual agreement may be found in an IRC provision previously negotiated in the collective bargaining agreement or in a joint voluntary submission. The Council has found that frequently the parties themselves delay the decision to submit for the purpose of returning to the bargaining table, or the dispute settlement procedure, issues that have already been agreed upon or conceded. Often the parties cannot agree upon or define their unresolved issues. In recognition of the fact that this has often delayed or prevented submission to the Council, the Council will accept, in lieu of a joint submission (wherein the parties jointly prepared and submitted the forms,) the submission of separate forms prepared by each of the parties if the definition of the issues cannot be agreed upon. In either case, it will be considered a joint submission. In the event of separate submissions, the Council, in the case of continuation of collective bargaining negotiations, will consider all issues raised in the local negotiations and resolve the differences between the parties’ submissions as a part of its continuation of negotiations. The Council may deal with all items in the collective bargaining agreement to the same extent that the parties could in their bargaining. The Council does not normally do this, but it may do so in special cases where necessary to accomplish an approximate resolution of the issues. In the case of a Dispute/Grievance under an existing collective bargaining agreement, the Council will consider only the issues submitted to it, and will resolve the definition of the issues at the time or oral presentations.
 
The simple solution for avoiding the difficulty of reaching a mutual agreement to submit to the Council, when local procedures have broken down, is to have provisions previously incorporated in the local collective bargaining agreement requiring submission to the Council in the event local procedures fail. Suggested forms of such provisions are given in the section on “Policies of the Council.” Insertion of these provisions should be seriously considered by all local bargaining committees when they are not under the pressures of bargaining major issues to determine wages and other working conditions.
 
Questions are frequently raised by potential submittors as to “perpetuity” of Council clauses and “retroactivity” of Council wage decisions. Each case is negotiated by the Council on the basis of the information and facts presented. However, submittors should know that the Council does not seek to perpetuate itself in local agreements, and has in fact, many times removed a Council clause or provided a “sunshine” clause to terminate it from the Agreement. With respect to retroactivity, the Council does not normally negotiate retroactive settlements, assuming that both parties have acted expeditiously. However, if the parties themselves, by prior agreement, have established a retroactive effective date, the Council will normally accept that date.
 
 
Read the “Instructions to Submitting Parties” carefully. If the parties cannot agree upon and define the unresolved issues, the Council will accept separate submission forms from the employer and the union. Each party should define thereon what it believes to be the existing or remaining issues. However, there must be a mutual agreement to submit the negotiations or the dispute to the Council. Either the submission of jointly prepared and submitted forms or the submission of separate forms prepared by each of the parties will be considered by the Council.
 
For the guidance of submitting parties, sample submission forms are a part of this appendix. Too often in negotiation matters, parties merely list under “Statement of Issues” the titles of issues, such as “wages,” “overtime,” or “fringe benefits,” and the articles and sections of the agreement that pertain thereto. This is not a sufficient identification or definition of the issues. There should be a short statement of the nature of the issue and the position of the opposing parties. It is more important to the parties that they so define the issues to enable the Council to more efficiently negotiate the unresolved collective bargaining issues or to resolve the dispute/grievance under an existing collective bargaining agreement.
 
In collective bargaining negotiation matters, the schedule of wages, other benefits, etc. called for in the submission forms should be completed. This information is important to the members of the Council in evaluating local conditions. Parties may, if they desire, substitute printed local industry wage charts, but it should be verified that these contain all of the items of information requested in the submission forms.
 
 
Briefs should be just that. The Council does not act upon the basis of volume or sheer weight of the written brief. They should be submitted on letter size paper (8 ½ x 11) and need not be elaborately done. Whether or not legal counsel is used in the preparation of such briefs is at the option of the submitting party.
 
The briefs should be a digest of the issues. The issues should be treated in the order that they are listed in the submission forms, and should be identified by a number. As there is constant referral to the briefs, the pages should be numbered. This will also serve to indicate whether pages are missing from any copies of the briefs.
 
Parties should limit the statements of each issue to the principal facts that they believe support their contentions or position on that specific matter. The oral presentations present ample opportunity for expanding upon the statements contained in the brief.
 
If the brief contains maps, pamphlets, excerpts from books, etc., legible copies must be included in all twelve (12) copies that are required to be furnished to the Council. If local geography is material, as for example where travel expense is involved, local maps covering the pertinent areas should be included.
 
 
 
 
Oral presentations before the Council do not require experience in public speaking or public debating. The Council procedures in this regard are not rigid and formal, but they are businesslike. The first decision to be made is which party shall proceed first. Often this is done by the toss of a coin. In the order decided, each party then proceeds to make his original presentation. He may quickly summarize the written brief with additional information and facts to support the demands made or the positions taken with regard to each specific issue. It is important that this presentation be well prepared, orderly, and preferably treated in the order of the issues. At the completion of the original presentations, in the same order, each party will have an opportunity for rebuttal. At this time statements may be made or evidence presented to refute the arguments or brief of the opposing party.  The Council wants to hear directly from the parties(Union and Employer).  The use of Attorneys at the hearing is strongly discouraged.
 
Ample opportunity will be given for a complete presentation by both parties, but the Chairman will not permit continued repetition of what is basically the same information, or the introduction of irrelevant material. Council Members are free to ask questions of the parties at any point. However, this is usually not begun until completion of original presentations and rebuttals by both parties.
 
If you have any questions about Council procedures or requirements, contact the Council Secretary.


for the Plumbing and Pipe Fitting Industry
 
Instructions to Submitting Parties
 
1.      One copy of the Submission, completely filled out and signed by all parties, is preferred by the Council for a joint submission. However, if the parties cannot agree upon the issues within ten (10) working days after the Secretary mails out Submission Forms the parties should file separate Submission Forms with the Secretary. If only one party files forms, the Council will consider the matter only if a court, the National Labor Relations Board, or other competent authority directs that the matter be submitted to the Council. It is suggested that the parties retain duplicate copies for their files. The Council will not proceed with a Hearing while NLRB or any other legal action is ongoing.
2.      The completed submission form should be mailed or delivered to the Secretary of the Council. The Secretary will advise the applicants of the date and location of the Council meeting at which the dispute will be considered.
3.      Each party to this submission should furnish the Council with twelve (12) copies (8½ x 11) of a brief supporting their contention with respect to the issues submitted. The Council shall also be furnished with twelve (12) copies of the existing or most recent collective bargaining agreement. In negotiation submissions, twelve (12) copies of drafts of proposed revisions to the agreement should also be submitted. The briefs and copies of agreements must be filed with the Secretary of the Council. When the Secretary has received briefs from each of the parties, he will mail copies of the opposition brief to each party, unless the parties have previously exchanged briefs; such exchange is encouraged.
4.      The brief should deal with the issues in the same order in which they are listed on Page S-2 of these forms.
5.      Each party shall have a representative appear at the Council hearing to present oral testimony in support of their brief and to provide such further information as the Council should require. The Council will not proceed to hear a negotiation matter or arbitration/grievance dispute with only unilateral representation.
6.      In the event one or both parties do not submit briefs within the time specified the Council may proceed with the matter on the basis of the evidence submitted.
7.      The parties are urged to continue efforts to settle the issues locally between the date a matter is submitted and the date it is resolved by the Council. Any matter or issue that is agreed upon by the parties may be withdrawn by mutual consent of the parties at any time prior to agreement or decision by the Council in the matter.
8.      If there is no organized employer group that is a party to the submission, the individual names, addresses and signatures of each employer party to the submission must be listed in the space provided on Page S-5. Employers joining in this submission who are not members of an employer organization that is a party to the submission also sign in the spaces provided on Page S-5.
9.      Parties should attach to the submission forms certified evidence of authority to submit the dispute for negotiation/arbitration by the Council. This may be a collective bargaining agreement provision requiring submission, resolution of the organization’s governing body or membership, or direction by a court or the National Labor Relations Board, or other competent authority.
10.    No dispute will be considered by the Council while a strike, lockout or other work stoppage exists, unless a court or the National Labor Relations Board, or other competent authority, directs the parties to submit the matter to the Council.The Council will not proceed with a Hearing while NLRB or any other legal action is ongoing.
11.    Submission of the forms in a continuation of collective bargaining negotiation matter constitutes appointment of the individual Union and Employer designated Council Members, from time to time, as the collective bargaining representatives for such continuation, respectively, of the Union and of the Employer Group(s) and Employers. In an arbitration/grievance matter, submission constitutes their appointment to the arbitration panel for hearing the dispute.
12.    Carefully study the “Charter” and “Rules and Regulations” of the IRC to be sure that all IRC policies are understood and that all IRC rules and regulations are followed. The contents of these summary instructions are more fully discussed therein.
 
 
 
RETURN TO COUNCIL BY, Date: July 22, 20xx                             FOR COUNCIL USE ONLY
 
Date Recd. by Disputant: July 8, 20xx                                               Submission Rcvd.: 7/15/xx
Submission must be mailed or delivered                                            Briefs Rcvd. Date
to IRC Secretary                                                                                 x Joint      □ Separate
 
 
SUBMISSION TO INDUSTRIAL RELATIONS COUNCIL                                                           
For the Plumbing and Pipe Fitting Industry Sponsored by:
     Mechanical Contractors Association of America
      Union Affiliated Contractors of the National Association of Plumbing, Heating, Cooling Contractors
      United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada
 
TYPE OF SUBMISSION
           
            x Continuation of collective bargaining NEGOTIATIONS
 
            □ ARBITRATION of dispute/grievance under existing collective bargaining agreement
 
                                                 PARTIES TO SUBMISSION
 
BIG CITY CONTRACTORS ASSOC._________                PLUMBERS & PIPE FITTERS LU 565________
(Employer Group)                                                                                               (U.A. Location Union No.)
 
2800 Madison Street______________________               1000 Jefferson Avenue____________________
(Address)                                                                                              (Address)
 
Central City, XX XXXXX                                               Central City, XX XXXXX                                  
(City, State, Zip Code)                                                                        (City, State, Zip Code)
 
xxx xxx xxxx                                                                 xxx xxx xxxx                                                    
(Telephone)                                                                                          (Telephone)
 
xxx xxx xxxx                                                                 xxx xxx xxxx                                                    
(Fax)                                                                                                       (Fax)
 
THE AUTHORIZED REPRESENTATIVES OF THE ABOVE NAMED PARTIES HEREBY AGREE AS FOLLOWS:
 
1.   To Submit for settlement by the Council the issues listed on Page 2, which we have attempted, without success, to resolve through local negotiations/arbitration procedures. These issues are the sole unresolved issues.
2.   The Council may deal with all items in the collective bargaining agreement to the same extent that the parties could in their bargaining. The Council does not normally do this, but it may do so in special cases where necessary to accomplish an appropriate resolution of the issues.
3.   To accept as final and binding the decision which will be reached by the Council, and to put the same into effect as prescribed by the Council.
4.   To immediately discontinue any work stoppage which may exist, in accordance with Council policy.
      (See instruction to Submitting Parties, paragraph 10)
 
S-1

SAMPLE
 
 
Submission to: Industrial Relations Council for the Plumbing and Pipe Fitting Industry
 
STATEMENT OF UNRESOLVED ISSUES
 
             x Continuation of collective bargaining NEGOTIATIONS
 
            □ ARBITRATION of dispute/grievance under existing collective bargaining agreement
 
            Issue 1: Article IV, Section 1, Wages. Employers offered xx¢ per hour each year for
                           three years. Union asks xx¢ per hour for two years only.
 
            Issue 2: Article IV, Section 4, Apprentice Rate Schedule. Union asks increases in
                           rates for first two years of indenture.
 
            Issue 3: Article IV, Section 1, Paragraph 5, Maintenance of Benefits. Employers ask
                            elimination of provision as impossible for Trustees to fulfill.
 
            Issue 4: Article XVI, Termination Date. Employers ask three years. Union offers two
                           years.
 
            Issue 5: Article IV, Section 3, Show Up Time. Union asks increase to three hours pay.
 
            Issue 6: Article VIII, Section 4, Tools Sign Off. Employers ask for responsibility clause.
 
            Issue 7: New Clause RE: Industry Advance Fund.
 
            Issue 8: New Clause RE: Dues Check-Off. 
 
1.   Number each issue separately and sequentially.
2.   Do not list issues which have been settled prior to submitting the dispute to the Council.
3.   State actual issues and indicate Articles and Sections of agreement or proposed agreement affected.
4.   Issues should merely be identified, with a short explanatory statement, on this form. Arguments should be contained in the brief.
 
S-2


SAMPLE
 
Submission to: Industrial Relations Council for the Plumbing and Pipe Fitting Industry
 
If the dispute pertains to wages, list below the present wage rate, overtime rate and other benefits for the other building trades’ mechanics in your area, including the expiration dates of existing wage agreements. Please list the rates of the U.A. submitting first.
 

 

Trade
Wage
Rate
Overtime
Rate
Pens.
H & W
Trng.
Industry
Other
Wage
Agreement
From     To
Total
Package
Boil-makers Central
City
 
 
 
 
 
Pipe Fitters Central City
 
 
 
Electric
LU XXX
 
 
 
Operating Engineers
 
Iron Workers
 
Laborers
xx.xx
 
 
 
 
 
 
 
 
xx.xx
 
 
 
 
 
 
xx.xx
1 ½
 
 
 
 
 
 
 
 
1 ½
 
 
 
 
 
 
1 ½
xx
 
 
 
 
 
 
 
 
xx
 
 
 
 
 
 
xx
 
 
x
 
 
 
 
 
 
 
 
x
 
 
 
 
 
 
x
 
x
 
 
 
 
 
 
 
 
x
 
 
 
 
 
 
x
xx
 
 
 
 
 
 
 
 
xx
 
 
 
 
 
 
xx
xx
 
 
 
 
 
 
 
 
xx
 
 
 
 
 
 
xx
10/1/xx -
9/30/xx
 
 
 
 
 
 
 
10/1/xx -
9/30/xx
 
 
 
 
 
10/1/xx -
9/30/xx
xx
 
 
 
 
 
 
 
 
xx
 
 
 
 
 
 
xx

 Fill in all relevant wage data for the local area. Use additional sheets if necessary.

 
 
S-3
 
SAMPLE
 
Submission to: Industrial Relations Council for the Plumbing and Pipe Fitting Industry
 
Organized employer and employees groups, parties to submitting a dispute, should attach to the submission form certified evidence of authority to submit the dispute for settlement by the Council.
 
Each employer who is a party to this submission and who is not affiliated with the organized employer group that is a party to the submission should insert its individual name, address and authorized signature in the space provided on page 5.

We agree that such negotiation agreement/arbitration award may be enforced by any court of competent jurisdiction by injunction or otherwise and that failure to comply with such I.R.C. decision shall be deemed to be an unfair labor practice under the National Labor Relations Act as a failure to bargain in good faith.
 
 
 
FOR THE EMPLOYER GROUP                               FOR THE LOCAL UNION                
 
________________________________                        ________________________________
(Signature)                                                                                            (Signature)
 
Henry C. Employer                                                        George L. Pipefitter                                                      
(Print or Type Name)                                                                          (Print or Type Name)
 
Chairman, Arbitration Comm                                          Business Manager                                            
(Name of Employer Organization)                                                  (Name of Employer Organization)
 
2800 Madison Street                                                      Plumbers & Pipefitters LU XXX                         
(Mailing Address)                                                                                                (Mailing Address)
 
Central City, XX XXXXX                                               Central City, XX XXXXX                                               
 
July 15, 200x                                                                 July 15, 200x                                                    
(Date – Month, Day, Year)                                                                 Date – Month, Day, Year)
 
xxx xxx xxxx                                                                 xxx xxx xxxx                                                    
(Telephone)                                                                                          (Telephone)
 
xxx xxx xxxx                                                                 xxx xxx xxxx                                                    
(Fax)                                                                                                       (Fax)
 
 
NOTE: If this is a Joint Submission, each party shall retain a copy. If this is a Separate Submission, the parties should exchange copies of their respective Submissions to the Council.
 
 
 
S4


SAMPLE
 
Submission to: Industrial Relations Council for the Plumbing and Pipe Fitting Industry
 
            The undersigned join in this submission and agree to all maters therein, including the Employer Council Members as their negotiating representatives, or as members of the Arbitration panel if this is a dispute/grievance submission.
 
(For use by members not in an organized employer group that is a party to the submission.)
 
 
 
 
EMPLOYER
ADDRESS
CITY & STATE
Firm
 
 
Signature
 
 
Title
Tel.
Fax
Firm
 
 
Signature
 
 
Title
Tel.
Fax
Firm
 
 
Signature
 
 
Title
Tel.
Fax
Firm
 
 
Signature
 
 
Title
Tel.
Fax
Firm
 
 
Signature
 
 
Title
Tel.
Fax
Firm
 
 
Signature
 
 
Title
Tel.
Fax
 
 
(Attach separate sheet if additional space is required.)
 
 
S-5


EXAMPLE - IRC “Statement” for UNRESOLVED NEGOTIATIONS. This is an example of the form that the IRC requires the parties to sign at the beginning of the actual hearing of the Submission. It summarizes the conditions under which the Council will proceed to hear the matter, and appoints Council Members to the Negotiation Board.
                                                                                                Case No. xx-xxx
NEGOTIATION MATTER
Industrial Relations Council for the Plumbing and Pipe Fitting Industry
Messrs. Kevin Morrissey, James Killeen, William Taylor and Michael Knisley are Union designated members of the IRC and are acting as the negotiating representatives of United Association Local Union XXX (“Union”.) They are not impartial. They represent the Union and are appointed by the Union as the Union’s negotiating representatives.
 
Messrs. James Murphy, Tom Gent, Bob FitzGerald and William Boyle and are Employer Association designated members of the IRC and are acting as negotiating representatives of the Mechanical Contractors Association of XXX(“Employer”.) They are not impartial. They represent the Employer and are appointed by the Employer as the Employer's negotiating representatives.
 
This is a continuation of unresolved negotiations between Employer and Union, each of said parties being represented in these continued negotiations by said negotiating representatives. The negotiations will be conducted by some or all of said negotiating representatives in executive negotiation session. Unanimity of agreement by all negotiation representatives participating in the executive negotiating session is required.
 
It is with these understandings that the IRC members, acting as negotiating representatives for the respective parties, will now proceed to receive the submissions and hear the presentations of the parties. This stage is a fact-finding procedure by the IRC members to enable them to have adequate information and fully appreciate the needs and positions of the parties and thereby be in a position to apply appropriate negotiation standards. The parties may at any time and from time to time caucus privately with their respective negotiating representatives. Upon completion of this informational stage the IRC members will then proceed in executive session to continue negotiations on behalf of the respective parties which they represent, in an attempt to resolve open matters and preserve harmony for the mutual benefit of both the employees and the employers who are represented. To that end the negotiating representatives are authorized to consider and deal with all portions of the collective bargaining agreement that in their judgment and in the negotiating process will aid in resolving the submitted issues.
 
The parties hereby agree to accept the negotiation agreement that is reached by the IRC members and the jurisdiction of the IRC in respect thereto and agree to be bound by to comply with such negotiation agreement which shall have the same force and effect as though they themselves had reached that agreement in their prior negotiations. The parties further agree that such negotiation agreement may be enforced by any court of competent jurisdiction by injunction or otherwise and that failure to comply with such negotiation agreement, in addition to being a contract violation, shall be deemed to be an unfair labor practice under the National Labor Relations Act as a failure to bargain in good faith.
 
ACCEPTED AND AGREED TO:
____________________________________   DATE __________________
Chief Representative for Union
 
____________________________________   DATE __________________
Chief Representative for Employer
 
EXAMPLE - IRC “Statement” for an ARBITRATION/GRIEVANCE DISPUTE. This is an example of the form that the IRC requires the parties to sign at the beginning of the actual hearing of the Submission. It summarizes the conditions under which the Council will proceed to hear the matter, and appoints Council Members to the Arbitration Board.
                                                                                               
ARBITRATION/GRIEVANCE DISPUTE
Industrial Relations Council for the Plumbing and Pipe Fitting Industry
 
IRC STATEMENT TO Graves Mechanical Corporation and Plumbers and Pipe Fitters, LU XXX.
 
Messrs. Kevin Morrissey, James Killeen, William Taylor, Michael Knisley, James Murphy, Tom Gent, Bob FitzGerald and William Boyle are all members of the Industrial Relations Council. they are acting as an impartial Arbitration Board to resolve disputed matters presented to them by the above submittors.
 
To preserve the impartiality and fairness of the Industrial Relations Council members acting as an Arbitration Board, no communications, written or oral, will be had between any party and the Arbitration Board that is not made fully known to all parties, and no meeting will be held between any party and a member or members of the Arbitration Board without the presence of all parties at such a meeting.
 
We hereby appoint the above named members of the Council as an impartial Arbitration Board to hear and determine the matters presented to it in accordance with such procedures as it chooses to follow. This appointment is made in accordance with the Collective Bargaining Agreement between the parties, and, to the extent there is any variance from that Agreement, that variance is waived and this shall control. The award shall be made by a majority vote of the Arbitration Board and so made shall be final and conclusive on all parties. The Arbitration Board is authorized to determine all questions of jurisdiction, arbitrability and admissibility of evidence and to define the issues in the event of any differences between the presentations thereof by the parties. Each party shall pay its own expenses incurred in connection with arbitration.
 
We agree that such arbitration award may be enforced by any court of competent jurisdiction by injunction or otherwise and that failure to comply with such arbitration award shall be deemed to be an unfair labor practice under the National Labor Relations Act.
 
It is with these understandings that the Arbitration Board will now proceed to receive the submissions, hear the parties and after due consideration, issue its award.
 
_______________________________________    ________________________
Chief Representative for Union                                       Date
 
_______________________________________    ________________________
Chief Representative for Employer                                 Date


Submission to: Industrial Relations Council for the Plumbing and Pipe Fitting Industry
 
 
The following check list is provided to assist the parties in fulfilling the administrative requirements of placing a matter before the Council:
 
DATE                                                             ACTION
 
1) __________         Submission Forms requested from IRC Secretary.
 
2) __________         Completed Submission Forms sent to IRC Secretary, jointly or
                                    separately.
                                   
                                     □ Twelve (12) copies of the existing Collective Bargaining Agreement.
 
                                     □ Twelve (12) copies of drafts of proposed revisions to the Labor
                                                Agreement (Negotiation submissions only.)
                         
3) __________         Attach to the Submission Forms certified evidence of authority to
                                    submit the dispute to the Council. This may cite specific authority
                                    such as an IRC clause in the local agreement, the Constitution
                                    or By-Laws of the submitting organization, or resolutions of the
                                    respective organizations’ membership, or governing body, or a
                                    direction by a court of the National Labor Relations board, or by
                                    other competent authority. In grievance dispute matters, submit
                                    evidence of the prior steps taken in accordance with the
                                    contractual grievance procedure.
 
4) __________         Twelve (12) copies of briefs (8 ½ x 11) sent to IRC Secretary. The                                                    Secretary will notify you when the briefs are due at the Council office.
 
5) __________         Received copy of opposition brief from IRC Secretary or from other party.
 
6) __________         Filed with IRC Secretary a joint or separate statement either that no
                                    strike, lockout, or other work stoppage exists, or if it exists, that the
                                    submission has been directed by a court of the National Labor
                                    Relations Board, or other competent authority together with a copy
                                    of the direction.
 
7) __________         Informed IRC Secretary as to names and addresses of representatives
                                    who will appear before council for oral presentations.
 
8) __________         Received notification from IRC as to date, time and place of hearing.
 
 
 
 
The Industrial Relations Council was established in July 1950 under the sponsorship of the United Association, Heating, Piping and Air Condition Constructors National Association (MCAA) and National Association of Master Plumbers of the United States (Union Affiliated Contractors-PHCC.)
The Documents were amended in 1966, 1975 and again in 1998.
The Documents were clarified in 2010 when the Documents were put on the Council website.
The Council would be remiss to not acknowledge the 50 year contribution made by Secretary Edward Teske of Chicago, Illinois.
In fact, these Documents were crafted by Mr. Teske and his dedication to the Council is so noted.
 

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