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Highlights
- Fringe benefits paid under the National Maintenance Agreement (NMA) are those found in the applicable craft’s local collective bargaining agreement (CBA) for the area where the work is to take place
- Owners are not signatory to the Agreement
- 14 building trades crafts
- Agreement does not cover superintendents, office/clerical personnel, company management as defined by the NLRA.
- Fringe Benefits include: Welfare Funds, Pension Funds, Apprentice Training Funds, as well as other monetary funds
- Employers (Contractors) are all legally bound and will sign those trusts between the local union that they are employing and the recognized bargaining agencies of contractors in the area. (Reference Policy Decision IX-1)
- Industry Advancement Funds or Promotion Funds (local employer organization fees) are discretionary unless formally approved by the National Maintenance Agreements Policy Committee (NMAPC) (Reference Policy Decision IX-6)
- A list of Industry Advancement Funds and Promotion Funds that have been formally approved can be found here at www.nmapc.org
Policy Decisions
- IX-1 – Signing of Trust Fund Participation Agreements
- Provides clarification of how employers can sign local trust fund participation agreements without signing local collective bargaining agreements. A generic trust fund participation agreement is included in this policy decision.
- IX-2 – Calculating Fringe Benefits on Projects Subject to Wage / Rate Site Modifications
- Provides clarification of how to properly calculate fringe benefits of employees working on a site with a wage rate modification. Fringe benefits shall be paid at 100% regardless of a wage rate modification.
- IX-3 – Appropriate Fringe Benefit Funds
- Provides clarification of the application of what other monetary funds may be required to be paid under the NMA.
- IX- 4 – Payments Made to Other Funds in Lieu of Payments to Industry Advancement Fund
- Provides clarification that the NMAPC does not recognize mandatory payments by employers to other funds in lieu of industry advancement fund payments.
- IX-5 – Application of Bonding Requirements Contained in the Local Collective Bargaining Agreement
- Provides clarification of the application of bonding requirements for employers while working under the NMA.
- IX-6 – Industry Advancement or Promotion Fund Recognition
- Provides clarification that industry advancement or promotion funds are not required to be paid unless they have been previously approved by the NMAPC. (List of approved industry advancement and promotion funds can be found on the NMAPC website www.nmapc.org)
- IX-7 – Construction Industry Exemption Under the Employee Retirement Security Act of 1974
- Clarifies that any pension fund to which contributions are required to be made under the terms of an NMA does not qualify for the construction industry rules of withdrawal or does not take the necessary steps to adopt the construction industry rules of withdrawal, then employers signatory to the Agreement will not be obligated to hire employees covered by such fund.