COVID Agreement between IBEW and NECA

TO: All NECA Chapters and IBEW U.S. Local Union Business Managers

FROM: IBEW International President Lonnie R. Stephenson

           NECA CEO David Long

SUBJECT: National Disease Emergency Response Agreement (NDERA)

DATE: March 16, 2020

In recognition of the current emergency in our nation and the need for our industry to react

quickly to this and future emergencies, the IBEW and NECA have developed the National

Disease Emergency Response Agreement (NDERA) for use by our contractors and members.

This agreement provides our industry with the ability to react quickly to potential emergencies

related to this pandemic.

The provisions of the agreement will become effective immediately, March 16, 2020, as it is

intended for use and shall remain in effect until terminated. We shall meet via teleconference

every 30 days to evaluate this agreement and determine its continued utility.

If you have any questions, please be sure to contact either the IBEW or NECA national

organizations.

NECA/IBEW

National Disease Emergency Response Agreement (NDERA)

This Agreement is made and entered into by and between the National Electrical Contractors Association

and the International Brotherhood of Electrical Workers (together , and

it is applicable to all firms and IBEW local unions that sign a Letter of Assent to be bound to a construction

agreement between any chapter of NECA and any local union of the IBEW. The IBEW may make this

Agreement available to other employers in the construction industry that have not signed a Letter of

Assent to be bound to a construction agreement between any chapter of NECA and any local union of the

IBEW.

This Agreement shall take effect March 16, 2020 and shall remain in effect until terminated as provided

herein. The Parties shall meet via teleconference every 30 days to evaluate this Agreement and determine

its continued utility. The Parties may mutually terminate this Agreement immediately, and either party

may unilaterally terminate this Agreement by providing at least a 90-day written notification to the other

party.

The term chapter, as hereinafter used, shall mean the applicable chapter of NECA.

The term local union, as hereinafter used, shall mean an IBEW Local Union.

The term employer, as hereinafter used, shall mean the individual firm that has signed a Letter of Assent

to a construction agreement between any chapter of NECA and any local union of the IBEW or agreement

between NECA and the IBEW, or if this Agreement is made available to a contractor that has not signed a

Letter of Assent, but is otherwise signatory to a construction agreement with a local union of the IBEW,

employer shall also mean such contractor.

This Agreement (NDERA) shall supersede any conflicting provisions in a construction agreement between

any chapter of NECA and any local union of the IBEW, except that it shall not supersede any locally

negotiated MOU or agreement between a chapter of NECA and an IBEW local union addressing the impact

of coronavirus.

The term employee, as hereinafter used, shall mean an individual performing work pursuant to the terms

of a collective bargaining agreement between any chapter of NECA and any local union of the IBEW or

agreement between NECA and the IBEW, or pursuant to a collective bargaining agreement between a

contractor that has not signed a Letter of Assent, but is otherwise a signatory to a construction agreement

with a local union of the IBEW and has adopted this Agreement.

The term coronavirus shall mean coronavirus disease COVID-19.

During the period of this Agreement, the following conditions exist:

If an employee:

Reports having contact with another person(s) who has reasonably believed to have contracted

coronavirus or a similar disease

Has recently returned from a High-Risk Country as defined by the Center for Disease Control

(CDC); or

Presents symptoms associated with the coronavirus or similar disease as defined by the CDC

The employer shall be permitted to remove the employee from the jobsite and require the employee to

that the employee is able to return to work. If an employee is

confirmed to have coronavirus or similar disease, the employer shall notify all employees who were

believed to be in contact with this individual and take actions consistent with appropriate protocols to

prevent the further spread of the disease.

If an employee reasonably believes another employee(s) has met one or more of the above conditions,

the employee shall report such to the employer as soon as reasonably possible. The employer shall then

follow all appropriate guidance and protocols to ensure a safe jobsite.

There shall be no adverse action taken against an employee who refuses to be present at the jobsite so

long as the employee genuinely believes there is imminent danger and a reasonable person would agree

there is a real danger of contracting coronavirus at the jobsite, nor shall any adverse action be taken

against an employee who has been quarantined, or advised to self-quarantine, due to possible exposure

to coronavirus.

In the event access to a jobsite is restricted or denied by the employer or other appropriate public or

private authority in response to the coronavirus or similar disease, the employer shall be permitted to

temporarily furlough the employees assigned to this jobsite. The employer shall not contest any

unemployment claims filed by employees temporarily furloughed as a result of a restricted or closed

jobsite due to the coronavirus or similar disease, or who have refused to be present at the jobsite out of

a genuine belief that being present would place them in imminent danger of contracting coronavirus, or

who have been quarantined, or advised to self-quarantine, due to possible exposure to coronavirus. Such

employees shall be permitted to return to their original positions with their employer upon the

resumption of work on the jobsite, and/or their ability to return, without the need of the referral process,

and irrespective of whether such employees have signed their -of-work list.

This threat is ongoing and must be continually monitored by the Parties who agree to discuss any new

legislation or regulation related to the coronavirus or similar disease that may impact this Agreement.

Signed for NECA                  Signed for the IBEW

David Long                          Lonnie Stephenson

CEO                                     International President

Date: 3/16/2020                 Date: 3/16/2020

Center for Disease Control Resources for COVID-19

Symptoms

https://www.cdc.gov/coronavirus/2019-ncov/about/symptoms.html

High-Risk Countries

https://www.cdc.gov/coronavirus/2019-ncov/travelers/after-travel-precaut...

Prevention

https://www.cdc.gov/coronavirus/2019-ncov/about/prevention.html

OSHA Resources

Guidance on Preparing Workplaces

https://www.osha.gov/Publications/OSHA3990.pdf