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Highlights
- All Lockouts and Work Stoppages are prohibited under the National Maintenance Agreements (NMAs). Click here reference NMAPC Lockout/Work Stoppage Procedure
- Work Stoppages include an any and all activity that impede, and or disrupts the progress of work.
- If a local union’s collective bargaining agreement expires all work being performed under the NMAs will continue uninterrupted (See Policy Decision XXII-2).
- If an Employer (Contractor) is actively participating in a local collective bargaining agreement’s negotiations and does not have a waiver to do so, then the Union (Craft) may withhold manpower from that Employer should the local agreement expire.
- The National Maintenance Agreements Policy Committee (NMAPC) Program employs Permanent Arbitrators to hear alleged claims of Lockouts or Work Stoppages.
- Only Signatory Employers or International Unions can submit Lockout or Work Stoppage notices under the NMAPC Program.
- If the arbitrator finds that a violation has occurred then fines / penalties may be imposed
- Any fines / penalties imposed by the arbitrator will be the result of a formal hearing.
- $10,000 first shift – Traditional NMA or Yellow Card Project
- $10,000 – $20,000 each additional shift – Traditional NMA or Yellow Card Project
- $15,000 first shift – Yellow Card Site
- $50,000 each additional shift – Yellow Card Site
- (Reference additional information pertaining to “Yellow Card” status can be found below)
Lockout/Work Stoppage Procedure
- Instructional document that outlines a step by step procedure for parties involved in a lockout and/or work stoppage while working under the terms and conditions of the National Maintenance Agreements (NMAs) i.e. how to file a lockout or a work stoppage as well as respond to an alleged lockout or work stoppage filed against your organization (read Procedure PDF):
- Introduction
- Proper Submission of lockouts and work stoppages
- NMA Work Performed on “Yellow Card” Sites and Projects
- Traditional NMA Work (Non-“Yellow Card”)
- Hearing Procedures
- Lockout/Work Stoppage Form Fact Sheet (Should be submitted with alleged violation of Article XXII) (Available on-line)
Policy Decisions
- XXII-1 – Expiration of Local Collective Bargaining Agreement
- Provides clarification that all NMA work shall continue uninterrupted in the event that a local collective bargaining agreement expires.
- XXII-2 – Obligations When the National Maintenance Agreements Have Not Been Requested and/or Extended by a Participating International Union
- Provides clarification that each participant has the obligation and responsibility to not impede work being performed under the NMA regardless of whether or not they have approved or extended the NMA at a particular location.
- XXII-3 – Penalty Schedule for Violations of the Lockout and Work Stoppage Provisions
- Provides clarification of the process for notifying the NMAPC of an alleged violation of Article XXII, as well as the monetary value of the penalties that may be imposed as a result of a violation of Article XXII.
- XXII-4 – Requirements When Owner/Client’s In-Plant Employees Are on Strike
- Provides clarification of the process for notifying the NMAPC of an alleged violation of Article XXII, as well as the monetary value of the penalties that may be imposed as a result of a violation of Article XXII.