Contract Language for Establishing a Local LMCC
Please note: The Local and NECA Chapter should consult legal counsel regarding the requirements for establishing and maintaining a Local Labor-Management Cooperation Committee.
- Section 1
- The parties agree to participate in a Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C. §186(c)(9). The purposes of this Fund include the following:
- to improve communication between representatives of labor and management;
- to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;
- to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;
- to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry;
- to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the industry;
- to engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production;
- to engage in public education and other programs to expand the economic development of the electrical construction industry;
- to enhance the involvement of workers in making decisions that affect their working lives; and
- to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.
- Section 2
- The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust, and any amendments thereto and any other of its governing documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said Agreement and Declaration of Trust.
- Section 3
- Each employer shall contribute __________. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. The __________ Chapter, NECA, or its designee, shall be the collection agent for this Fund.
- Section 4
- If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance. In the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorneys’ fees.