RULES AND REGULATIONS FOR THE MILWAUKEE LABORERS’ LOCAL NO. 113 AND AFFILIATED LOCALS DEFENSE FUND, JOB-TARGET PROGRAM COVERING THE JURISDICTIONAL AREA OF THE MILWAUKEE LABORERS’ LOCAL NO. 113
This program simply provides bid supplements on specific jobs and does not require wage concessions from Union Members. It intends to provide more Union jobs to work on and to benefit Union contractors by enabling them to obtain more jobs instead of losing jobs to sub-standard contractors.
The determination as to which projects are going to be included in the Targeting Program and the amount of money to be granted for each specific project will be made solely by the Milwaukee Laborers’ Local No. 113 Defense Fund Committee. However, funds cannot be granted for prevailing wage projects.
The Program will provide that when a signatory contractor finds non-union competition bidding on a project he/she is interested in, the signatory contractor can submit a request form to the Milwaukee Laborers’ Local No. 113 Defense Fund Committee requesting a target rate. Only general contractors bidding on the project may request target funds. The Committee will evaluate the request and determine whether or not to provide a targeting grant on the project and the amount of the grant. It will be the responsibility of each contractor to contact the Milwaukee Laborers’ Local No. 113 to determine whether a particular job has been targeted.
The contractor must have requested the targeting prior to bidding and the request form must be received in the office of the Milwaukee Laborers’ Local No. 113 at least 5 working days prior to the bid date. The form must include the following:
This information is confidential and will be treated as such.
The Milwaukee Laborers’ Local No. 113 Defense Fund Program will be open to all contractors who are signatory to the Collective Bargaining Agreement with the Milwaukee Laborers Local No. 113, and its affiliated locals and who are in compliance with the terms and conditions of the Collective Bargaining Agreement. As a condition of receiving the targeting grant, the contractor agrees that all work within the jurisdiction of the Laborers’ International Union shall be performed by bargaining unit employees represented by the Milwaukee Laborers’ Local No. 113 or its affiliated locals.
All Laborers employed on the Target Program will be members in good standing of the Milwaukee Laborers’ Local No. 113.
Each of the contractors requesting the target bid supplement will return either by sealed envelope or facsimile the Target Job Program Request Form showing the laborer hours bid and held in strict confidence between the Milwaukee Laborers’ Local No. 113 Defense Fund Committee and the contractor. This information will help determine the target supplement.
After target monies have been approved, and the bid awarded, prior to the start of the targeted project, the contractor is required to hold a pre-job conference with the appropriate Local Union to discuss sub-contractors and labor needs for the targeted project. To maximize efficient use of Target Funds, bid tabulations must be provided by low bidding contractor before payout.
The contractor that receives the targeted grant will upon completion of the job, submit the required form to the Milwaukee Laborers’ Local No. 113 verifying the actual hours worked including the names of the members who performed the work. After a contractor has submitted the required report form and the work hours are verified, the Milwaukee Laborers’ Local No. 113 Defense Fund Committee will issue a check for the target supplement.
The targeted grant monies will be sent to the contractor upon completion of the project. The contractor will pay the total wage/fringe package to the bargaining unit employees and fringe benefit funds as provided for under the applicable labor agreement.
The Milwaukee Laborers’ Local No. 113 and its affiliated locals are not paying their members directly. The bid supplement monies will be sent to the contractor upon job completion. The contractor will pay the Union wage scale so the usual deduction and fringe benefits paid will remain the same.
All proper forms and documents will be issued by the Milwaukee Laborers’ Local No. 113 Defense Fund Committee. No substitutes will be accepted.
The contractor that signs and verifies the report forms submitted to the Milwaukee Laborers’ Local No. 113 Defense Fund Committee will be responsible for the accuracy of this report.
A condition precedent to the payment of target funds is that the contractor has made payment for all fringe benefits and deductions due to date to all applicable funds on all projects located within the targeting area of the Milwaukee Laborers’ Local No. 113. For good cause the Milwaukee Laborers’ Local No. 113 Defense Fund Committee may grant an exception upon the application of a contractor.
In addition, if a contractor has been found in violation of the Collective Bargaining Agreement with the Union, through the grievance arbitration procedure or through court proceedings, he/she may forfeit his/her right to receive any job target funds, even on job target projects currently in progress, unless and until said violation has been remedied to the satisfaction of the Milwaukee Laborers’ Local No. 113 Defense Fund Committee. The Milwaukee Laborers’ Local No. 113 Defense Fund Committee reserves the right in such situation to suspend the payments.
Job Target funds shall not be subject, in any way to alienation, sale, transfer, assignment, pledge, attachment, garnishment, execution or encumbrance of any kind, and any attempt to accomplish the same shall be void.
The Employer and the Milwaukee Laborers’ Local No. 113 do not become a joint employer, joint venture, joint owner, guarantor, partner, or any other form of business combination with employer as a result of acceptance of the job target funds by the employer.
The Milwaukee Laborers’ Local No. 113 shall have the right to continue or modify, amend, or terminate the Target Program with the resolution of the Milwaukee Laborers’ Local No. 113 Defense Fund.
The Milwaukee Laborers’ Local No. 113 Defense Fund Committee shall have the authority to audit or have an independent certified public accountant audit the payroll and wage records of the employer for the purpose of determining the accuracy of the hours submitted if they deem it necessary; to be equally paid for the employer and the Union.
The Milwaukee Laborers’ Local No. 113 Defense Fund Committee reserves the right from time to time to select a job they feel needs to be targeted.
Target monies must be claimed prior to 6 (six) months following the completion of a project.
Projects falling under Prevailing Wage laws are not eligible for target money.
For a signatory contractor to be eligible for a Target Grant, all the employees of the contractor, performing work under the appropriate agreement, must be dues paying members of the Union.