Addendum No. 2 to Contract Documents - Ogdensburg.org

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Addendum No. 2 to Contract Documents

Project: Wastewater System Improvements Project: 18073

Owner: City of Ogdensburg

Date: July 26, 2019

Addendum No. 2 - Modifications to Contract Documents

To All Contractors: Contractors submitting proposals for the above-named project shall take note of the following changes, additions, deletions, clarifications, etc., in the Contract Documents, which shall become a part of and have precedence over anything contrarily shown or described in the Contract Documents, and all such shall be taken into consideration and be included in the Contractor’s bid proposal.

Item 1: Invitation To Bid:

A. Replace the first paragraph with the following: “Sealed Bids for the construction of the Wastewater System Improvements project for the City of Ogdensburg, NY, will be received by the City Clerk in their office at 330 Ford Street, Ogdensburg, NY until 11 a.m. local time on Tuesday, August 20, 2019, and at that place and time will be publicly opened and read aloud.”

Item 2: Agreement:

A. Exhibit K – Project Labor Agreement a. Attach Schedule A to the Project Labor Agreement.

________________________________ Thomas F.J. Dussing, P.E.

SCHEDULE A

LOCAL AGREEMENTS

TABLE OF CONTENTS

BOILERMAKERS

BRICKLAYERS – BUILDING

BRICKLAYERS – HEAVY & HIGHWAY

CARPENTERS – BUILDING

CARPENTERS – HEAVY & HIGHWAY

ELECTRICAL WORKERS

ELEVATOR CONSTUCTORS

GLAZIERS

HEAT & FROST INSULATORS

IRON WORKERS

LABORERS – BUILDING

LABORERS – HEAVY & HIGHWAY

MILLWRIGHTS

OPERATING ENGINEERS – BUILDING

OPERATING ENGINEERS – HEAVY & HIGHWAY

OPERATING ENGINEERS – TECHNICAL

PAINTERS

PLUMBERS & STEAMFITTERS

ROOFERS

SHEET METAL WORKERS

SPRINKLER FITTERS

TEAMSTERS – BUILDING

TEAMSTERS – HEAVY & HIGHWAY

BOILERMAKERS

between the

International Brotherhood ofBoilermakers, Iron Ship Builders,

Blacksmiths, Forgers & Helpers, AFL-CIO

NORTHEASTERN STATESARTICLES OF AGREEMENT

and THE FIRMS WHOSE SIGNATURES

ARE AFFIXED HERETO

Effective January 1, 2018 through December 31, 2020

AFFILIATED ~ AFL-CIO, CLC

NORTHEASTERN STATESArticles of Agreement

Table of Contents

ARTICLE PAGE

Preamble ............................................................................................... 1 1 Scope and Purpose Agreement ............................................................ 1 2 Recognition ........................................................................................... 3 3 Union Security ........................................................................................ 3 4 Functions of Management .................................................................... 4 5 Job Site Subcontracting ........................................................................ 5 6 Job Notice ............................................................................................... 5 7 Referral of Personnel ............................................................................. 6 8 Trade Jurisdiction ................................................................................... 8 9 Union Access to Job ............................................................................... 910 Supervision .......................................................................................... 1011 Job Steward ......................................................................................... 1112 No Piece Work and Limitation and Curtailment of Production .................................................................. 1213 Hours of Work ...................................................................................... 1214 Shifts ................................................................................................... 1215 Minimum Pay and Reporting Time .................................................... 1416 Overtime and Holidays ....................................................................... 1617 Pay Day ............................................................................................... 1718 Check-off ............................................................................................. 1819 Wage Scales ......................................................................................... 2020 Transportation and Travel Allowances .............................................. 3021 Health and Welfare Fund ................................................................... 30

ARTICLE PAGE

22 National Pension Program ................................................................. 31 23 Annuity Program ................................................................................ 3124 Apprentice Training ............................................................................ 3225 MOST ................................................................................................... 3326 Welder Certification ............................................................................ 3527 Unemployment Compensation – Notice of Separation .................... 3628 Safety Measures and Medical Treatment .......................................... .3729 Grievance Machinery .......................................................................... 3930 No Strike No Lockout .......................................................................... 4131 Political Action Fund Deduction ......................................................... 4132 Massachusetts State Building and Construction Trades Council Deduction.... ........................................................................... 4233 Project Agreements ............................................................................ 4234 Agreement Qualification .................................................................... 4335 Duration of Agreement ....................................................................... 45

APPENDICES

A Travel Allowance ................................................................................ 48

B Health and Welfare ............................................................................ 49

C Local Joint Referral Rules and Standards ........................................... 51

D Pension ............................................................................................... 51

E Apprenticeship ................................................................................... 54

F Maintenance and Repair Agreement Interpretation of four (4) ten (10) hour shifts .................................... 56

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PREAMBLEWHEREAS, the parties hereto have maintained a mutually satisfactory bargaining relationship in the work area covered by collective agreements between them which have been in effect over a substantial period of years; and

WHEREAS, the International Brotherhood of Boilermakers, Iron Ship Builders, Forgers and Helpers and/or subordinate subdivisions thereof embrace within their membership large numbers of qualified journeymen who have constituted in the past, and continue to do so, a majority of the employees employed by the Employer herein;

NOW, THEREFORE, the undersigned Employer and Union, in consideration of the mutual promises and covenants contained herein, agree as follows:

ARTICLE 1SCOPE AND PURPOSE OF AGREEMENT

(a) This Agreement shall apply exclusively to the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut and the following Counties in New York State:Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady

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Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Wayne, Washington, Wyoming, Yates.

This agreement shall apply to the entire Employers’ field construction work (including construction, erection, rigging, field fabrication, assembling, dismantling and repairing performed in the field) that is recognized as coming under the jurisdiction of the Union.

(b) The parties to this agreement recognize that stability in wages and working conditions and competency of workmen are essential to the best interest of the industry and the public and they agree to strive to eliminate all factors which tend toward unstabilizing these conditions. The signatory parties agree that all matters affecting the relationship established by this agreement shall be first discussed by conference between the individual parties. The parties further agree to cooperate fully in carrying out the intent of this paragraph.

(c) It is the intent of the Employer and the Union in establishing working rules herein to carry out the Policies and Declaration of Principles announced by the Building and Construction Trades Department AFL-CIO. It is understood that the NCA-BCTD Work Rules Agreement, dated June 1, 1973, will apply on all projects where said rules are enforced uniformly on the project.

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ARTICLE 2RECOGNITION

The Employer agrees that, upon the Union’s presentation of appropriate evidence of majority status among its employees in the bargaining unit of the Employer covered by this collective bargaining agreement the Union shall be voluntarily recognized as the exclusive collective bargaining agent under Section 9(a) of the NLRA for all employees within the bargaining unit of Employer on all job sites within the jurisdiction of this Agreement. In the event of such a showing, the Employer expressly waives any right to condition voluntary recognition on the Union’s certification by the NLRB following an NLRB election, unless a representation petition has been filed by a Petitioner other than the Employer prior to the Employer’s voluntary 9(a) recognition. The Employer expressly waives the right to seek an NLRB election during the term of this contract, or any right to abrogate or repudiate this contract during its effective term.

ARTICLE 3UNION SECURITY

(a) As of the effective date of this Agreement, all employees under the terms of this agreement must be or become members of the Union thirty (30) days thereafter; the employees hired after the effective date of this agreement shall be or become and remain members of the Union thirty (30) days after their date of employment in accordance with the provisions of the National Labor Relations Act.

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(This clause shall be effective only in those states permitting Union Security.)

In the event Federal Legislation should be passed changing Union Security regulations in the construction industry, upon proper notice by either party, this Article shall be opened for further negotiations.

(b) The Union and the Employer agree to abide by all Executive Orders and subsequent amendments thereto, regarding the Civil Rights Act of 1964, pertaining to non-discrimination in employment, in every respect.

ARTICLE 4FUNCTIONS OF MANAGEMENT

The Employer shall have full right to direct the progress of the work and to exercise all function and control, including but not limited to, the assignment of duties to employees, the selection of the kind of materials, supplies or equipment used in the prosecution of the work, the qualifications of his employees and the right to discharge any employee for any just and sufficient cause, provided, however, that no employee shall be discriminated against. In addition to the employer’s prerogative to terminate individuals with excessive absenteeism, the employer has the right to keep an ongoing record of employees with a record of absenteeism and for instances not warranting termination to refuse to allow the employee to work overtime on Saturday, Sunday, or Holidays.

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If either of the measures are taken, the employer, shall notify the local union, and if requested provide attendance records.

ARTICLE 5JOB SITE SUBCONTRACTING

No Employer shall subcontract or assign any of the field construction work described herein which is to be performed at a job site to any contractor, subcontractor or other person or party who does not comply with all the terms of this Agreement or a field construction agreement in effect in the area where the work is erected which has been approved by the International Brotherhood, and does not stipulate, in writing, compliance to the applicable fringe benefit funds and Trust Agreement or Agreements covering same.

ARTICLE 6JOB NOTICE

(a) In order to insure the satisfactory progress of each job, the Employer will furnish the local Business Manager and the International Headquarters with the following job information as soon as possible and practical:i. Location of job siteii. Approximate staring date and durationiii. Type of jobiv. Approximate manpower requirements

(b) When an employer signatory to the Northeast Agreement is bidding a project against non-union bidders said employer shall have 100% selectivity

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from the local out of work list. The contractor shall request this in writing to the Local Business Manager. The contractor shall provide the bid list and scope of work to be performed. Final approval to be granted by the International Vice President of the area.

ARTICLE 7REFERRAL OF PERSONNEL

(a) The referral of personnel shall be in accordance with the provisions of Appendix “C” attached hereto. However, in the event the Union is unable to fill the request for Employees within a forty-eight (48) hour period after such request for Employees (Saturdays, Sundays, and Holidays, excepted), the Employer may employ workmen from any source. The Employer shall, under the terms of this Agreement, request the Union to furnish all competent, drug screened, safety trained, and qualified field construction boilermakers, boiler apprentices, and other applicable classifications in this Agreement. Only referral applicants possessing a current MOST drug screen/safety training certification or a timely chain of custody receipt indicating that a MOST drug screen certification may be issued shall be considered available for referral and employment. If a Boilermaker has two (2) OSHA recordable incidents within a five-year period he must undergo MOST OSHA 10 Safety Training before being referred to another job.

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(b) Boilermakers Employees shall supply their own small tools.

i. ANSI Compliant Safety/Steel-toed bootsii. Long-sleeve shirt

(c) An employer shall furnish each boilermaker with a set of work/welding gloves. Except for gloves damaged through fair wear and tear, each boilermaker is responsible for replacement gloves at his/her expense for the term of his/her employment on that site.

(d) The first two (2) boilermakers on the job shall be the foreman, selected by the Employer and the steward as designated by the Union. The Employer may then select the first seven (7) applicants per shift for employment from the appropriate out of work list, with the next seven (7) per shift designated by the Union. Thereafter, additional referrals shall continue on a one-to-one ratio not to exceed twenty-five employer requests per project.

(e) The Employer may also transfer up to seven (7) boilermakers from one project to another within the geographical jurisdiction of local union or zone.

(f) On any short duration job under contract at 30 days or less, if the duration of the job continues beyond 30 days the Employer shall discuss with the Business Manager or his designee the possibility of extending the duration. The Employer has the right to bring the first man as a working foreman throughout Local 5’s Zone 7, 175 and Zone 197. The Union will supply the second man

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(the Steward). The next man will be requested by the Employer and the man after will come from the appropriate zone’s out of work list up to a total of eight (8) men. If a 2nd and 3rd shift is required, the manning will be in the same order.

(g) The Employer will have the right to transfer a crew of eight (8) men including the foreman throughout Zones 7, 175 and 197. In addition, it is understood that the wage package for the applicable zone where the work is being performed shall be paid to all transferees. Any additional employees will come from within the zone jurisdiction.

ARTICLE 8 TRADE JURISDICTION

(a) This Agreement, except as otherwise provided for herein, covers the working rules and conditions of employment for all journeymen boilermakers and apprentices employed in the boilermaking trade by a signatory Employer, including but not limited to: boilermaking, welding, plasma arc, overlay welding, acetylene burning, rubber lining, fiberglass, riveting, chipping, caulking, rigging, fitting-up, grinding, reaming, impact machine operating, unloading and handling of the boilermakers’ material and equipment, and such other work that is recognized as coming under the trade jurisdiction of the boilermakers.

(b) Journeymen boilermakers may be required to perform any work coming within the scope of this Agreement.

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(c) It is agreed that the jurisdiction of work covered by this agreement, is that provided for in the Constitution of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers as adopted at the 33rd Consolidated Convention in Las Vegas, Nevada, July 18-21, 2016.

In recognition of the established jurisdiction of the trade as set forth preceding this agreement, it is understood that the claims are subject to the trade Agreements and Final decision of the AFL-CIO as well as the decisions rendered by the Impartial Jurisdictional Disputes Board or any successor agency of the Building and Construction Trades Department.

(d) There shall be no work stoppage because of jurisdictional disputes.

(e) When an employers’ major craft on a job is Boilermakers and a tool room man and or men are required, the tool room man or tool rooms shall be manned by Boilermakers.

ARTICLE 9 UNION ACCESS TO JOB

The Business Manager, or his designated representative shall be admitted to jobs where the Employer is performing work for a customer. Such admission, however, shall be subject to the customer’s regulations governing the admission of visitors.

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ARTICLE 10 SUPERVISION

(a) The selection and number of assistant foremen, foremen and general foremen shall be entirely the responsibility of the Employer. It is understood that in the selection of foremen and assistant foremen, the Employer will give first consideration to and request the referral of those who have successfully completed the Boilermaker Foreman Training Program or other qualified men available in the local area without persuading any employee to leave one employer for another. The Employer shall have the right to send General Foremen into any local territory where work is being performed as follows:

(b) All foreman and assistant foremen shall be practical mechanics of the trade.

(c) There shall first be a foreman on every job and an assistant foreman after the first fifteen (15) men and as many assistant foremen as the Employer deems necessary thereafter.

(d) Where eight (8) or less men are employed on a job, one (1) shall be a foreman who shall work with the tools if required by the Employer. Where nine (9) or more men are employed on a job, one (1) shall be a foreman who shall not work with the tools but act in a supervisory capacity.

(e) It is agreed that all classifications of foremen referred to herein shall accept instructions from

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the Employer’s superintendent(s). However, the superintendent(s) shall not give instructions to the other employees covered by the terms of this Agreement.

(f) When desired by the employer, with mutual agreement from the Business Manager, for specific projects, the foreman may also serve as Company Superintendent.

ARTICLE 11JOB STEWARD

(a) It is understood and agreed that the steward’s duties shall not include any matters relating to referral, hiring or laying off of employees.

(b) Stewards shall not, by reason of their position as stewards, be exempt from the work required of journeymen on the job site and shall work the full day of journeymen except when specifically engaged in handling grievances of the Union and other recognized duties related to the successful prosecution and completion of the job. Stewards shall receive the regular journeyman’s rate of pay provided he remains on the job or has authorization from his Employer to leave the jobsite.

(c) The Employer agrees that the steward will not be laid off until proper notification has been given to the Union and that he will be the last employee laid off (other than the foreman) providing he is qualified to perform the remaining work.

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(d) The Steward or designate who has completed the MOST Hazard Recognition course, and the Contractor site representative shall perform a daily job-site walk through and mutually review safety issues and toilet and wash facilities at no liability to the Union. On job sites where no one has completed the MOST course, the designee shall be the job steward.

ARTICLE 12NO PIECE WORK AND LIMITATION

AND CURTAILMENT OF PRODUCTIONThere shall be no contract, bonus, bit or task work; nor shall there be any limit on or curtailment of production.

ARTICLE 13HOURS OF WORK

Eight (8) hours per day shall constitute a day’s work and forty (40) hours per week, Monday through Friday, inclusive, shall constitute a week’s work.

ARTICLE 14 SHIFTS

Shifts may be established by the Employer on the following basis:

(a) The regular work day shall be a 24 hour period starting with the first or day shift at 7:00 A.M.; the regular starting time for the second shift shall be 3:30 P.M. and the regular starting time of the third shift shall be 11:30 P.M. The foregoing starting times may be changed when mutually agreed to

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between the Employer and the Representative of the Union having jurisdiction of the job.

The regular shift work week having commenced with the day shift on Monday morning shall continue daily and be concluded at the end of the third shift at 7:00 A.M. on Saturday.

(b) When shifts are required the first (1st) shall work eight (8) hours at the regular straight time rate. The second (2nd) shift shall work eight (8) hours at the regular straight time rate plus a $2.00 per hour shift additive. The third (3rd) shift shall work eight (8) hours at the regular straight time rate plus a $2.25 shift additive. A thirty (30) minute lunch period shall be mutually agreed upon by the Superintendent and Union Representative and shall not be considered time worked.

(c) No employee shall be required to work more than eight (8) hours in any twenty-four (24) hour period for straight time. Beginning of the twenty-four (24) hour period for such purposes shall be the regular starting time of the shift upon which the employee is regularly employed.

(d) When an employee is required to work beyond ten (10) hours, he shall be entitled to a thirty (30) minute paid meal period, immediately after the tenth hour. He shall be entitled to an additional thirty (30) minute paid meal period after every fourth hour worked thereafter except at the completion of the work period.

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(e) By mutual agreement between the Business Manager and the Employer, a work week may be established consisting of four (4) days of ten (10) hours per shift, Monday through Thursday at the straight time rate. Work performed outside of the regular established shift hours shall be paid for at the applicable overtime rate.

(f) By mutual agreement, lost time due to bad weather or conditions beyond the contractor’s control (excluding holidays) may be made up on Friday. Friday makeup days shall be for a full 10 hours shift and pay for such makeup time shall be at the straight time rate unless the makeup hours extend into overtime.

(g) Men required to work during regularly established meal periods, unless otherwise approved by the Business Manager or Job Steward will be paid the overtime rate and allowed a regular lunch period upon completion of such work.

ARTICLE 15MINIMUM PAY AND REPORTING TIME

(a) An employee starting to work or called to work after starting time of a shift, Monday through Sunday inclusive, shall receive not less than four (4) hour’s pay at the applicable rate, and if such employee is required to continue on the second period of the shift, he shall receive not less than a full day’s pay at the applicable rate. The provision will also apply to employees who are laid off because of completion of work.

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(b) Should an employee be required by the Employer to report for work and not given work, he shall receive four (4) hour’s pay at the applicable rate.

(c) The foregoing requirements shall not be applicable where the employee is sent home by reason of bad weather, breakdown of machinery, or any other cause beyond the direct control of the Employer, in which event he shall be paid (1) not less than two (2) hours’ pay, (2) not less than four (4) hours’ pay if he starts to work, or (3) for actual time worked or time required to remain on the job, whichever is greater.

(d) In order to qualify for pay provided for herein, the employee must remain on the job, available for work, during the period of time for which he receives pay unless released sooner by the Employer.

(e) If an employee is sent home before regular starting time on premium days, he will be paid two (2) hours at the applicable overtime rate.

(f) Any employee who is called out for an emergency repair work on premium time shall be paid at the applicable rate for actual hours worked; however, an employee shall be given a minimum of four (4) hours’ pay at the applicable rate provided he remains on the job during this period unless released sooner by the Employer’s principal supervisor.

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ARTICLE 16 OVERTIME AND HOLIDAYS

(a) The first two (2) hours of work performed before or after the regular scheduled eight (8) hour work day, Monday through Friday and work performed during the established lunch period, shall be paid for at the time and one half (1 ½) rate. Time and one half (1 ½) shall be paid for all work performed on Saturday.

(b) Double time (two hours for one) shall be paid for all time worked on Sundays and the following recognized holidays:New Years DayPresidents Day Memorial DayIndependence DayLabor DayVeterans DayThanksgiving DayChristmas Day

(c) When a holiday falls on Sunday, the day observed by the State or Nation shall be observed, and when a holiday falls on Saturday, Friday will be observed as the holiday.

(d) Overtime is not to be demanded of any Employer by any workman covered by this Agreement as a condition for employment on a job.

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ARTICLE 17PAY DAY

(a) Payday shall be weekly and in no case shall there be more than three (3) day’s pay held back. Any employee who is discharged or laid off by the Employer shall be paid in full immediately; failure to pay immediately; unless otherwise approved by the Business Representative of the Union, shall entitle the employee to receive straight time until full payment is made. Any employee who quits shall be paid on or before the next regular payday. If the Contractor does not have a bank set up for check cashing, the Contractor will reimburse the employee for check cashing fees (up to $10.00) upon the employee submitting an original receipt.

(b) Except under extenuating circumstances beyond the control of Employer and/or by agreement with Business Manager and/or job steward, failure to pay wages during working hours on specified dates, men shall receive overtime for waiting.

(c) On emergency jobs, checks may be transmitted by first class mail to laid off employees on the first business day following termination. Envelope must be post dated by noon of first business day following termination. Should an Employer fail to transmit the checks as required by this section, the employees will be entitled to four (4) hours waiting time each day of non-compliance. At the option of the employee wire transfer may be utilized.

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(d) Effective January 1, 1991, the parties adopt the Mobilization, Optimization, Stabilization and Training Fund (MOST) – Safety and Training Program which shall be administered in accordance with the trust documents and procedures of the MOST Fund.

ARTICLE 18CHECK-OFF

(a) The Employer will, subject to the individual signed authorization by the employee, deduct from all weekly wages the amount of the Field Dues of the Union. Copies of the authorization form to be used will be furnished by the Union to the Employer and it shall conform to all applicable government regulations.

(b) The Employer agrees to provide a copy of the Authorization Form to each employee for signature and, upon being signed, to keep the form on file until completion of employment of the employee.

(c) All Field Dues deducted by the Employer will be transmitted to the Local Union on or before the 15th day of each month. The amount of Field Dues deducted in the preceding month and a list of employees with the weekly amounts deducted, will be forwarded by the Employer with the transmitted Field Dues. Failure to transmit Field Dues and Building Fund contributions by the 15th day of the month will result with a fee of 5% Liquidated Damages and a 12% interest fee. If referred to legal for collection, Liquidated Damages will increase to 12%.

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(d) The Union shall indemnify and save the Company harmless against any claims or liability that shall arise out of reason of action taken by the Company in reliance upon Field Dues deduction authorization cards submitted to the Company by the employee or Union.

(e) Effective January 1, 1990, on all work performed in the jurisdiction of Boilermakers Local 29 and upon receipt of a signed authorization by an employee, the Employer will deduct thirty cents ($.30) per hour worked effective January 1, 2018 and reevaluated every January 1st for duration of the agreement, from all weekly wages for the Boilermakers Local 29 Building and Training Fund. Such deductions will be transmitted to Boilermakers Local 29 on or before the 15th day of each month along with a list of employees showing the weekly amounts deducted.

(f) Effective January 1, 2018 the Employer will deduct a minimum of fifteen cents ($.15) from all weekly wages for Boilermakers Local 237 (per hour worked), twenty-five cents ($.25) for Local 5 Zone 7, and thirty cents ($.30) for Local 5 Zone 175 and Local 5 Zone 197 (per hour paid) for the Building and Training Fund. Such deductions be transmitted to the Local where the work is being performed on or before the 15th day of each month along with a list of employees showing the weekly amounts deducted.

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ARTICLE 19 WAGE SCALES

(a) The Employer shall pay and the employees covered by the terms of this Agreement shall accept the following minimum wage scales:

Classification Rate

General Foreman negotiable between the employee and employer, but may not be less than $6.00 above Journeyman rate.Foreman $5.00 above the Journeyman rate.Assistant Foreman $1.75 above the Journeyman rate.

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NESA 2018-2020 ARTICLE 19- WAGE SCALES

LOCAL 5, ZONE 7

Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Shuyler, Steuben, Wayne, Wyoming, and Yates

Effective MARCH 1, 2018 through MARCH 31, 2018

JOURNEYMAN ASST.FOREMAN FOREMAN GEN.FOREMANWAGES(PHP) $33.50 $35.25 $38.50 $39.50

VACATION(PHW/DW) $2.00 $2.00 $2.00 $2.00PENSION(PHP) $16.59 $16.59 $16.59 $16.59ANNUITY(PHP) $4.52 $4.52 $4.52 $4.52

H&W(PHP) $7.07 $7.07 $7.07 $7.07MOSTTRUST(PHW) $0.34 $0.34 $0.34 $0.34APPRENTICE(PHW) $0.90 $0.90 $0.90 $0.90

BLDG&TRN(PHP/DW) $0.25 $0.25 $0.25 $0.25TOTALPKG $62.92 $64.67 $65.42 $67.42

*Negotiable between Employee and the Employer, but never less than $6.00/hour above Journeyman rate.

Effective APRIL 1, 2018 through DECEMBER 31, 2018

JOURNEYMAN ASST.FOREMAN FOREMAN GEN.FOREMAN

WAGES(PHP) $33.50 $35.25 $38.50 $39.50VACATION(PHW/DW) $2.00 $2.00 $2.00 $2.00

PENSION(PHP) $16.59 $16.59 $16.59 $16.59ANNUITY(PHP) $4.52 $4.52 $4.52 $4.52




ApprenticePercentageofJourneymanRate-Effective03/01/18

95% 90% 85% 80% 75% 70% 65%WAGES(PHP) $31.83 $30.15 $28.48 $26.80 $25.13 $23.45 $21.78

VACATION(PHW/DW) $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00PENSION(PHP) $16.59 $16.59 $16.59 $16.59 $16.59 $16.59 $16.59ANNUITY(PHP) $4.52 $4.52 $4.52 $4.52 $4.52 $4.52 $4.52

H&W(PHP) $7.07 $7.07 $7.07 $7.07 $7.07 $7.07 $7.07MOSTTRUST(PHW) $0.34 $0.34 $0.34 $0.34 $0.34 $0.34 $0.34APPRENTICE(PHW) $0.90 $0.90 $0.90 $0.90 $0.90 $0.90 $0.90

BLDG&TRN(PHP/DW) $0.25 $0.25 $0.25 $0.25 $0.25 $0.25 $0.25TOTALPKG $61.25 $59.57 $57.90 $56.22 $54.55 $52.87 $51.20

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LOCAL 5, ZONE 175 Cayuga, Clinton, Cortland, Franklin, Jefferson, Lewis, Madison, Oneida,

Onondaga, Oswego, St. Lawrence, Seneca, and Tompkins

Effective JANUARY 1, 2018 through FEBRUARY 28, 2018






Effective MARCH 1, 2018 through DECEMBER 31, 2018







95% 90% 85% 80% 75% 70% 65%WAGES(PHP) $31.00 $29.37 $27.74 $26.10 $24.47 $22.84 $21.21

VACATION(PHW/DW) $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00PENSION(PHP) $13.33 $12.64 $11.92 $11.21 $10.52 $9.82 $9.12ANNUITY(PHP) $3.56 $3.38 $3.19 $3.00 $2.81 $2.63 $2.44



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LOCAL 5, ZONE 197

Albany, Broome, Chenango, Columbia, Delaware, Essex, Fulton, Greene, Hamilton, Herkimer, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady,

Schoharie, Tioga, Warren, and Washington



PENSION(PHP) $13.66 $14.48 $15.57 $16.52ANNUITY(PHP) $3.25 $3.07 $2.81 $2.60





JOURNEYMAN ASST.FOREMAN FOREMAN GEN.FOREMAN

WAGES(PHP) $35.99 $37.74 $40.99 $41.99PENSION(PHP) $13.93 $14.77 $15.88 $16.85ANNUITY(PHP) $3.25 $3.07 $2.81 $2.60





95% 90% 85% 80% 75% 70% 65%WAGES(PHP) $34.19 $32.39 $30.59 $28.79 $26.99 $25.19 $23.39

PENSION(PHP) $13.24 $12.54 $11.84 $11.15 $10.46 $9.76 $9.06ANNUITY(PHP) $3.09 $2.93 $2.76 $2.60 $2.44 $2.28 $2.11



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**Massachusetts Only

NESA 2018-2020ARTICLE 19- WAGE SCALES

LOCAL 29Massachusetts and Rhode Island


JOURNEYMAN ASST. FOREMAN FOREMAN GEN. FOREMAN WAGES (PHP) $43.57 $45.32 $48.57 $49.57

VACATION (PHW/DW) $1.00 $1.00 $1.00 $1.00 PENSION (PHP) $12.71 $13.39 $14.25 $15.01 ANNUITY (PHP) $4.50 $4.43 $4.36 $4.30

H&W (PHP) $7.07 $7.07 $7.07 $7.07 MOST TRUST (PHW) $0.34 $0.34 $0.34 $0.34 APPRENTICE (PHW) $0.90 $0.90 $0.90 $0.90

BLDG & TRN (PHW/DW) $0.30 $0.30 $0.30 $0.30 **MA BLDG FUND (PHW/DW) $0.01 $0.01 $0.01 $0.01

TOTAL PKG $69.09 $71.45 $75.49 $77.19 *Negotiable between Employee and the Employer, but never less than $6.00/hour above Journeyman rate.





BLDG & TRN (PHW/DW) $0.30 $0.30 $0.30 $0.30 **MA BLDG FUND (PHW/DW) $0.01 $0.01 $0.01 $0.01

TOTAL PKG $69.34 $71.72 $75.78 $77.49 *Negotiable between Employee and the Employer, but never less than $6.00/hour above Journeyman rate.

Apprentice Percentage of Journeyman Rate- Effective 03/01/18

95% 90% 85% 80% 75% 70% 65% WAGES (PHP) $41.39 $39.21 $37.03 $34.86 $32.68 $30.50 $28.32

VACATION (PHW/DW) $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 PENSION (PHP) $12.33 $11.67 $11.03 $10.37 $9.73 $9.08 $8.44 ANNUITY (PHP) $4.28 $4.05 $3.83 $3.60 $3.38 $3.15 $2.93

H&W (PHP) $7.07 $7.07 $7.07 $7.07 $7.07 $7.07 $7.07 MOST TRUST (PHW) $0.34 $0.34 $0.34 $0.34 $0.34 $0.34 $0.34 APPRENTICE (PHW) $0.90 $0.90 $0.90 $0.90 $0.90 $0.90 $0.90

BLDG & TRN (PHW/DW) $0.30 $0.30 $0.30 $0.30 $0.30 $0.30 $0.30 **MA BLDG FUND (PHW/DW) $0.01 $0.01 $0.01 $0.01 $0.01 $0.01 $0.01

TOTAL PKG $66.31 $63.24 $60.20 $57.14 $54.10 $51.04 $48.00

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LOCAL 29Maine, New Hampshire, and Vermont





BLDG & TRN (PHW/DW) $0.30 $0.30 $0.30 $0.30 TOTAL PKG $58.93 $61.13 $64.96 $66.47









95% 90% 85% 80% 75% 70% 65% WAGES (PHP) $34.66 $32.83 $31.01 $29.18 $27.36 $25.54 $23.71



BLDG & TRN (PHW/DW) $0.30 $0.30 $0.30 $0.30 $0.30 $0.30 $0.30 TOTAL PKG $56.59 $54.04 $51.51 $48.95 $46.43 $43.89 $41.34

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LOCAL 237














95% 90% 85% 80% 75% 70% 65% WAGES (PHP) $38.44 $36.41 $34.39 $32.37 $30.35 $28.32 $26.30



BLDG & TRN (PHW/DW) $0.15 $0.15 $0.15 $0.15 $0.15 $0.15 $0.15 TOTAL PKG $64.88 $61.89 $58.93 $55.94 $52.97 $49.99 $47.01

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The following increases will take place as noted:

Maintenance of benefits will be used for manadatory 2.0% increases in pension.

First year: January 1, 2018 through December 31, 2018 as detailed on the annual wage sheet. Second year: January 1, 2019 through December 31, 2019 increase to be allocated by the Union as detailed on the annual wage sheet. Third year: January 1, 2020 through December 31, 2020 increase to be allocated by the Union as detailed on the annual wage sheet.

Wage sheets shall be distributed annually.For up to date wage package information contact the local having jurisdiction.

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ANNUALINCREASEFORDURATIONOFAGREEMENT 2018 2019 2020

Local5,Zone7 $1.00 $1.25Local5,Zone175 $1.30 $1.30 $1.30Local5,Zone197 $1.30 $1.30 $1.30Local29,NNE $1.30 $1.30 $1.30Local237 $1.50 $1.50 $1.50Local29 $1.65 $1.65 $1.65

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Apprenticeship Period % of Journeyman Rate1st 6 months 65%2nd 6 months 65%3rd 6 months 70%4th 6 months 75%5th 6 months 80%6th 6 months 85%7th 6 months 90%8th 6 months 95%

(b) The wage rate for pre-apprentices shall be 50% of the Boilermaker Journeyman wage rate. The first 1,000 hours of employment shall be a probationary period during which time they shall not acquire any rights or status under this agreement, nor under the National Joint Rules and Standards governing operation of Exclusive Referral Plans, nor under any Local Joint Referral Rules and Standards. Contributions to fringe benefits under this Agreement shall not be required during the probationary period. After the probationary period, all benefits provided for by this Agreement shall be paid.

(c) Except in a broken work week not created as a result of the intervention of a holiday and, at the beginning or conclusion of a job, when a foreman works three (3) or more days in any work week, he shall receive a minimum of forty (40) hours pay provided he reports to the job daily during work week.

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(d) Effective October 1, 2009, Non-Boilermaker craft journeymen, unless Common Arc certified, shall be paid a total package amount (wage rate and boilermaker fringe benefits) equivalent to their union’s total package rate for the area in which the work is performed, unless that local union’s total package rate is higher than the boilermaker package, in which case the boilermaker wage and fringe benefit rates will be paid. Non-Metal craft skilled journeyman, unless Common Arc certified, shall start at the rate of 80% of the journeyman rate until obtaining 3,000 hours within the Boilermaker industry.

(e) Vacation Fund - Effective October 1, 2006, upon notification, the Employer shall deduct from the employee wages for each hour worked, the sum of one dollar ($1.00) per hour worked from each employee covered by Local 5 Zone 175, Local 29 and Local 237, and the sum of two dollars ($2.00) per hour worked by all employees covered by Local 5 Zone 7.

One Hundred Percent (100%) participation for the duration of agreement is mandatory per Local to participate in the Vacation Fund. The Employer shall remit these deductions to the Boilermaker Vacation Trust.

i. The Employer agrees to and shall be bound by the Trust Agreement creating the Boilermaker Vacation Trust and all amendments now or hereafter approved by the Board of Trustees. Said agreement and amendments are incorporated by

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reference and made a part of this agreement as if affixed hereto.

ii. The Union and Contractor agree that if Article 19(e) is not used by the end of the contract the article will be removed.

ARTICLE 20TRANSPORTATION AND TRAVEL ALLOWANCES

(See Appendix “A” for travel allowance.)ARTICLE 21

HEALTH AND WELFARE FUNDThe Employer shall pay into the Boilermakers National Health and Welfare Fund the sum of seven dollars and seven cents ($7.07) per hour for each hour paid by the Employer for all his employees who are covered by this agreement.

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ARTICLE 22 NATIONAL PENSION PROGRAM

(a) The Employer shall pay into the Boilermaker-Blacksmith National Pension Trust on a per hour paid basis, in the states of Maine, New Hampshire, Vermont, Connecticut, Massachusetts, Rhode Island, and New York in the jurisdictions of Albany, Oswego and Buffalo. The Employer agrees to and shall be bound by the provisions of Appendix “D” attached hereto.

ARTICLE 23ANNUITY PROGRAM

(a) The Employer shall pay into the Boilermakers National Annuity Trust

$4.52 per hour paid in the jurisdiction of Buffalo, NY $3.75 per hour paid in the jurisdiction of Oswego, NY$3.25 per hour paid in the jurisdiction of Albany, NY$4.50 per hour paid in the states of ME, NH, and VT$4.50 per hour paid in the states of MA and RI$5.50 per hour paid in the state of CT

for each hour paid by the Employer for all employees covered by this Agreement. The

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NESA2018-2020ARTICLE22-NATIONALPENSIONPROGRAM

1/1/2018--NATIONALPENSION--JOURNEYMANCLASSIFICATION

2018 2018 2019 2020EffectiveDate: 1/1/18 3/1/18 1/1/19 1/1/20

Local5,Zone7 $16.59 $16.59 $16.92 $17.26Local5,Zone175 $13.75 $14.03 $14.31 $14.60Local5,Zone197 $13.66 $13.93 $14.21 $14.49Local29,ME,NH,VT $9.64 $9.83 $10.03 $10.23Local29,MA&RI $12.71 $12.96 $13.22 $13.48Local237 $13.32 $13.59 $13.86 $14.14

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Employer shall provide the employee with a weekly payroll stub itemizing the amount paid to his annuity. The Employer agrees to and shall be bound by the Trust Agreement creating the Boilermakers National Annuity Trust and all amendments now or hereafter approved by the Board of Trustees. Said Agreement and amendments are incorporated by reference and made a part of this agreement as if affixed thereto.

(b) The Union reserves the right to increase allocations from the Annuity Fund to the Pension Fund in January, of each year, for the duration of this Agreement, with the understanding that the increase(s) will not revert back to the Annuity Fund.

ARTICLE 24 APPRENTICE TRAINING

The ratio of apprentices to journeymen on all work covered by this agreement shall be at least one (1) in four (4) when available. In the event apprentices are not available in sufficient number to comply with the ratio, then pre-apprentices may be used to fulfill requirements. The Employer agrees to and shall be bound by the provisions of Appendix “E” attached hereto relating to said Apprenticeship fund.

(a) The Employer agrees to contribute ninety cents ($.90) per hour for all hours worked by employees covered by this agreement to the Boilermakers National Apprenticeship Program,

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eighty cents ($.80) will be returned to the Northeast Area Apprenticeship Fund by the BNAP to support the Northeast Apprenticeship Program. (The ninety cents ($.90) includes the five cent ($.05) increase agreed to during the 2014 negotiations)

(b) By mutual agreement between the chairmen of the respective Committees, this Article may be opened up for negotiations at any time during the life of the Agreement. (January 1, 2018 through December 31, 2020)

(c) When any apprentice is working outside his zone, local jurisdiction or area apprenticeship program, he shall be paid Journeyman’s rate for the local jurisdiction he is working in.

ARTICLE 25 MOST

(a) The Employer agrees to contribute the Apprenticeship contribution rates established in Article 24 plus ($0.34) per hour worked to the Mobilization, Optimization, Stabilization & Training (MOST) Fund effective August 1, 2010. The Employer agrees to and shall be bound by Trust Agreement, policies and procedures creating MOST, and all amendments or revisions to policies and procedures now or hereafter approved by the Board of Trustees. Said Trust Agreement, policies, procedures, and amendments or revisions are incorporated by reference and made a part of this Agreement as if affixed hereto.

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(b) In the event the boilermaker participants in the MOST Programs cease participation in any aspect of the MOST Programs, then the Employer contribution requirements contained in this agreement are null and void and the Employer will immediately cease all contributions to MOST.

(c) Effective January 1, 1991, the parties adopt the Mobilization, Optimization, Stabilization and Training Fund (MOST) – Safety and Training Program which shall be administered with the trust documents and procedures of the MOST Fund.

(d) Drug Screening Program – Effective August 15, 1993, the Employers and Union incorporate the MOST Mandatory Drug Screening Program into the Mobilization, Optimization, Stabilization and Training Fund – Safety and Training Program. The MOST Mandatory Drug Screening Program shall be administered in accordance with this contract, the trust documents and the policy and procedures of the Mobilization, Optimization, Stabilization and Training Fund.

(e) A subcommittee will be formed under the Northeastern States Safety Training Program to keep abreast of the latest developments, changes, and technology pertaining to drug screening programs. All proposed changes will be submitted to the full labor management committee at a quarterly meeting for recommendation to MOST. The program will be a ten (10) panel category with the addition of alcohol, based on a .04% blood alcohol level.

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(f) MOST Hazard Recognition Safety Training will become MANDATORY effective October 1, 1994. Training is to begin as soon as possible and completed by January 1, 1996. Training schedules are to be coordinated by the MOST Hazard Recognition Training Program in Kansas City, Kansas. (g) One cent ($0.01) is a voluntary contribution to the National Association of Construction Boilermaker Employers (NACBE). (h) It is understood that the MOST Program is intended to be an Employer sponsored program. In recognition of the Boilermaker’s participation in the programs on their own time, the Employers will fund any increases to the MOST Program as required by the Board of Trustees. (i) Any increases or decreases shall be implemented on the first full payroll week following notification from MOST to the Co-Chairmen of the Northeastern States Articles of Agreement, or as otherwise specified. (j) By mutual agreement between the chairmen of the respective Committees, this Article may be opened up for negotiations at any time during the life of the Agreement.

ARTICLE 26 WELDER CERTIFICATION

(a) Any welder who is required to take a welding test on a job-site shall be paid for the time required to take the test.

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(b) If an Employer participates in the National Welder Certification Program (Common Arc), no compensation shall be required for welders testing or upgrading under the program.

(c) Welders shall be furnished suitable replacement of welding gloves, and where possible provided a clean, dry, warm, suitable area, free from dust, wind, etc. for a welder to perform test procedures.

(d) Each Common Arc Welder employed by participating contractor shall receive a copy of their Welder History record update in each process in which they are qualified (G.T.A.W., S.M.A.W., etc.) upon layoff. If this report is not filled out and sent in accordance with the Common Arc requirements within 7 days of the end of the job, the Contractor will pay $25.00 per person to Common Arc for the administration expenses incurred in processing late reports.

ARTICLE 27UNEMPLOYMENT COMPENSATION

- NOTICE OF SEPARATION(a) The Employer shall, regardless of the number of employees in his employ, become a subject employer under the terms of the applicable State Unemployment Compensation Agency where the work is being performed. (b) Employees, upon separation from the job, shall be given the required separation slip including a reason in writing for their separation, if requested.(c) A surety or Escrow Agreement may be required to insure payment of fringe benefits

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from Employers not previously signed to any Boilermaker collective bargaining agreement or job understanding requiring employer contributions to the Boilermakers National Pension, Annuity, Health and Welfare or Apprenticeship Funds or an Employer who has been or is delinquent in the payment of fringe benefit contributions to any fringe benefit funds.

(d) The amount of the bond will be 125% of fringe benefit contributions based on the number of potential and/or actual employee’s hours times the appropriate contribution rates as estimated by the Union. The bond is intended to cover the contribution principal liquidated damages, interest and collection costs including attorney fees. Additional bonds may be required if the original estimate is insufficient.

(e) The Union may refuse to refer employees to and may withdraw employees from any Employer who has not posted a bond when required, and such refusal or withdrawal will not constitute a violation of the Agreement. Such refusal or withdrawal is not the Union’s exclusive remedy and any legal or equitable course of conduct or action may be pursued.

ARTICLE 28 SAFETY MEASURES AND MEDICAL TREATMENT

(a) All work of the Employer shall be performed under mutually approved safety conditions which must conform to State and Federal regulations.

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(b) A warm, dry place shall be provided for men to change their clothes, eat lunches, and suitable drinking water will be made available. Attempts will be made to obtain the use of the customer’s toilet and wash facilities. Upon failure to gain the use of customer facilities, the Employer shall, where access to running water and sewer is reasonable, provide a means to wash up. Hand soap or similar cleaning agents shall be provided, including paper hand towels and toilet tissues.

(c) Scaffolding, staging, walks, ladders, gangplanks and other safety appliances shall be provided where necessary and shall be constructed in a safe and proper manner by competent mechanics.

(d) In addition to the Employer being required to furnish adequate safety measures and equipment, it shall also be a requirement of the workmen to conform to safety regulations and measures as provided.

(e) Employees required to take time off from their employment during working hours to secure treatment because of injury or sickness arising out of and in the course of their employment, shall receive pay for such time plus necessary travel expenses incurred in so doing on the day of injury. Extent and frequency of subsequent treatments if questioned by the Employer must be approved by the Employer’s doctor.

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(f) Employees shall not be required to take a physical examination, except as required by governmental agencies having proper jurisdiction, and there shall be no age limit except as provided by law. (Testing for cause to be addressed by a side letter, MOST language).

(g) In the event employees are required to take a physical examination, they shall be reimbursed for all time and/or travel expense provided that such employees who pass the examination must accept employment in order to receive such reimbursement.

(h) On nuclear repair projects where Radiation other than Radiography is involved, employees shall be given a physical examination at the start of the job and also upon completion of the employee’s employment.

ARTICLE 29GRIEVANCE MACHINERY

(a) All grievances involving the interpretation and application of this Agreement other than those pertaining to general wage rates or jurisdictional disputes that may arise on a job covered by this Agreement, shall be handled in the following manner with the understanding that there shall be no suspension of work or strike or lockout.

(b) Any such grievance shall be first considered by representatives of the local union and the Employer, and if a settlement satisfactory to the Employer and local union cannot be reached

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within seven (7) calendar days, it will be reduced to writing and submitted to:

(c) The International Representative of the Union and the Employer involved, and if a settlement satisfactory to the Employer and Union cannot be reached within seven (7) calendar days

(d) Then the grievance will be submitted in writing within seven (7) calendar days by the Union or by the Employer or by both to an Arbitration Committee consisting of a representative of the Union, a representative of the Employer, and a third member to be chosen by those two (2) jointly. The decision of the majority of the Arbitration Committee shall be final and binding on the parties involved. Such decisions shall be within the scope and terms of this Agreement, but shall not change such scope and terms; shall be rendered within ten (10) calendar days from the time of reference to the Arbitration Committee and shall specify whether or not it is retroactive and the effective date thereof.

(e) If the two members of the Arbitration Committee fail to select a neutral member within five (5) calendar days, the two members already appointed shall within five (5) calendar days, call upon the Federal Mediation and Conciliation Service to make the third selection. In the event either Employer or Union’s representative fails to cooperate in calling upon the Federal Mediation and Conciliation Service within the said five (5) calendar days, the other representative shall have the authority to make such request.

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(f) The expense of the third member of the Arbitration Committee shall be borne by the party receiving the adverse decision in the subject case. All other expenses of the arbitration procedure will be borne by the party incurring them.

(g) Any grievance must be submitted in writing to the other party within fifteen (15) calendar days of occurrence or it will be considered closed.

ARTICLE 30 NO STRIKE NO LOCKOUT

During the life of this Agreement, each of the signatory parties agrees that there shall be no strikes, work stoppages, or lockouts by members of the Union or by the Employer. This no strike, no lockout commitment is based upon the agreement by both parties to be bound by the grievance and arbitration provisions of this Agreement. The parties also agree that a breach of this no strike, no lockout provision shall constitute a breach of the entire agreement.

ARTICLE 31 POLITICAL ACTION FUND DEDUCTION

(a) The Employer agrees to deduct five cents ($.05) per hour worked for Local 5 Zone 7, Local 29 and Local 237, and ten cents ($.10) per hour worked for Local 5 Zone 175 and Zone 197 for the Boilermakers LEAP Campaign Assistance Fund upon written authorization by the employee.

(b) Where feasible, the Employer agrees to provide a copy of the Authorization Form to the

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Steward, for employee signature, and upon being signed to keep the form on file until completion of employment.

ARTICLE 32MASSACHUSETTS STATE BUILDING AND

CONSTRUCTION TRADES COUNCIL DEDUCTION(a) The Employer will, subject to the individual’s signed authorization by the employee, deduct one cent ($.01) for each hour worked in the State of Massachusetts for the Massachusetts State Building and Construction Trades Council.

(b) A copy of the signed authorization form to be used will be furnished by the Union to the Employer.

(c) This money is to be transmitted to the Secretary-Treasurer of Local 29 on or before the 15th of each month.

ARTICLE 33PROJECT AGREEMENTS

Project Agreements negotiated by the International shall supersede this Agreement to the extent of any modifications or changes specifically set forth therein.

The Business Manager of the Local Lodge may modify articles of this agreement on a specific job when, in his judgment, it is in the craft’s best interest to do so. Any such agreement shall apply only to that job or project and will automatically terminate at the conclusion of the work. All

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changes will be reduced to writing, signed by the parties with copies furnished to the Chairmen of the Employers and Union Negotiating Committee before work commences, if possible. Labor/ Management, when feasible will work to enhance a Market Recovery Program.

ARTICLE 34 AGREEMENT QUALIFICATIONS

(See Appendix F for maintenance and repair agreement)

(a) It is not the intent of either party hereto to violate any laws or any rulings or regulations of any Governmental authority or agency having jurisdiction of the subject matter of this Agreement and the parties hereto agree that, in the event any provision of this Agreement is held to be unlawful or void by any tribunal having the right to so hold, the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portions of this Agreement.

(b) It is further understood that this Agreement was negotiated with the Union on an area-wide basis by Employers engaged in the field construction industry in the area. Should this Agreement, by notice given as herein provided, be reopened for further negotiations, such negotiations shall be conducted on an area-wide basis by the Employers who have executed this agreement and/or Employers signatory to the National Agreement.

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(c) Continued deliberate violations of this Agreement other than work assignments involved in jurisdictional disputes, unless corrected or discontinued after proper written notice to the Employers, will be sufficient cause, after investigation and approval of the International President of the Union, for the cancellation of this Agreement between the violating Employer and the International Brotherhood.

(d) Conditions which are applicable to any particular area covered by this Agreement and provided for herein, not general in scope or application, will be covered in the appendices attached to, and made a part of the complete Agreement.

(e) During the life of the Agreement, the members of the Employers committee and the members of the Union committee agree to hold quarterly meetings for the purpose of clarifying the Agreement and/or discussing problems of mutual concern in the industry.

(f) Disagreement over the interpretation of this Agreement shall be submitted to the two negotiating chairmen for their ruling which shall be in writing. Such ruling is subject to appeal under the grievance procedure.

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ARTICLE 35 DURATION OF AGREEMENT

(a) This Agreement shall become effective January 1, 2018, and except as otherwise provided herein, shall remain in full force and effect until midnight December 31, 2020, and from year to year thereafter unless either party shall, at least sixty (60) days prior to any anniversary date thereof, notify the other party in writing of a desire to modify or terminate this Agreement. In the event such notice is given the parties, in accordance with the provisions of Article 34, Section (b), shall meet not later than fifteen (15) days after receipt of such notice. Should an understanding not be reached within thirty (30) days from the date such notice was filed, the procedure outlined in Section 8 of the Labor Management Relations Act will be followed.

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This Agreement, as negotiated by the foregoing committees in Quincy, Massachusetts is hereby accepted by the parties’ signatory hereto this 15th day of December, 2017, with the full understanding that this Agreement is between the Union and the individual signatory Employers.

REPRESENTING THE EMPLOYERS:Thomas H. O’Connor III, ChairmanJohn Valvo, Fresh Meadows Power NE, LLCSam Mirian, Megrant CorporationLaurie Laube, APCom Power Inc.John Housel, KE FabricatingBrian Maxwell, Troy BoilerworksPeter Wiltsie, Wiltsie ConstructionJohn Burke, IPC LydonBill Novak, American Boiler

REPRESENTING THE UNION:John T. Fultz, IVP ChairmanChuck Hancock, BM/ST L 29Mike Hancock, L 29Chris O’Neill, BM/ST L 237Michael Pierce, President/L-237Steve Ludwigson, BM/ST L 5Dan DeCarlo, Ass’t BM L 5-Z7William Bailey, Ass’t BM L 5-Z197Greg Peterson, Ass’t BM L-5/Z175John Clark, IR-CSO

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FOR THE EMPLOYER:

__________________________Employer ChairmanThomas O’Connor, III

FOR THE UNION:

__________________________Union ChairmanJohn T. Fultz

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APPENDIX “A”TRAVEL ALLOWANCE

1. Article 20(a) It is the intent of this article to fairly compensate and share incurred travel costs of employees covered by this agreement.

(b) Employees shall be reimbursed for travel allowance from their residence city to the job site in keeping with the below schedule.

(c) Any falsification of information supplied regarding the legitimate residence city of the employees shall be handled in accordance with Section 8.3 and 8.3.1 of the Joint Referral Rules.

(d) Compensation will be based on the most direct route as determined by RAND McNALLY-Household Goods Carrier Bureau.

(e) Travel allowance will be paid on a daily basis, one way, provided the employee works a minimum of four (4) hours, unless released sooner by the Employer.

(f) Travel allowances outlined in this article shall be paid for all holidays falling within the regular work week provided the employee is employed and works the regular scheduled work day immediately preceding and immediately following the holiday.

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(g) Travel allowance rates:25-45 miles $10.00Over 45-60 miles $25.00 Over 60 miles $35.00

These rates will become effective for all work bid from January 1, 2007.

APPENDIX “B”BOILERMAKERS

NATIONAL HEALTH AND WELFARESection 1. In the Agreement to which this is an appendix, the Boilermakers National Health and Welfare Fund is referred to as “National Welfare Fund,” “Welfare Fund,” or “Fund.” The Contractor is referred to as “Employer” and the Contractors are referred to as “Employers.”

Section 2. Employer agrees to be bound by the Agreement and Declaration of Trust entered into as of October 1, 1954, establishing the Boilermakers National Health and Welfare Fund and by any amendments to said Trust Agreement.

Section 3. Payment of Employer contributions to the National Welfare Fund shall be made on the dates and in the manner and form prescribed by the Trustees of said Fund.

Section 4. Employer shall furnish the Trustees with information such as names of employees, classifications, Social Security numbers, hours worked and such other information as may be

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required or deemed necessary by the Trustees for the proper and efficient administration of the fund.

Section 5. Employer hereby authorizes and directs the committee in this Agreement named as representing the Employers, and as to the future the committee named in the current agreement successor to this Agreement with the Union or any local thereof to do each and all of the following in his (Employer’s) name and behalf, either individually or in conjunction with other Employers covered by this Agreement.

(a) Execute the Agreement and Declaration of Trust establishing the National Welfare Fund;

(b) Exercise any rights, powers and authority given or provided by said Trust Agreement or any amendments thereto, to elect, select, appoint or to vote for one or more Employer Trustees and successor Employer Trustees of the Fund and to remove or vote for or against the removal of any Employer Trustee of the Fund.

(c) Exercise any and all other rights in connection with or relating to the National Welfare Fund or its Trust Agreement which are given the Employer, either individually or together with other Employers, under said Trust Agreement.

In exercising or in not exercising the power and authorities herein granted, the committee shall act on and in accord with, but only on and in accord with, the vote of a majority of the then members of

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the committee. Having so acted, the committee may designate its then chairman, alone or together with one or more of its members, or one or more other members of the committee, to vote or to execute any document on behalf of the committee and/or all or some of the other Employers covered by this Agreement.

APPENDIX “C”LOCAL JOINT REFERRAL RULES AND STANDARDS

Each Local Lodge covered by this agreement shall have local joint referral rules which are and shall remain in compliance with the National Joint Rules and Standards Governing Operation of Exclusive Referral Plans.

APPENDIX “D”BOILERMAKER-BLACKSMITH NATIONAL PENSION TRUST

Section 1. In the Agreement to which this is an Appendix and, in this Appendix, the Boilermaker-Blacksmith National Pension Trust is referred to as “National Pension Trust,” “Pension Trust” or “Trust,” the Contractor is referred to as “Employer” and the Contractors are referred to as “Employers.”

Section 2. Employer agrees to be bound by the Trust Agreement entered into as of June 2, 1960, establishing the Boilermaker-Blacksmith National Pension Trust and by any amendments to said Trust Agreement, and to execute an individual acceptance of said Trust Agreement and amendments upon request of the Union.

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Section 3. Payment of Employer contributions to the National Pension Trust in the amount specified in the Agreement to which this is an Appendix shall be made on the dates and in the manner and form prescribed by the Trustees of said Trust; provided that no contributions shall be made prior to the receipt by such Trustees of a ruling from the Internal Revenue Service to the effect that the Pension Plan under said Trust qualifies under Section 401(a) of the Internal Revenue Code and that such Trust is tax exempt under Section 501(a) of the Code; after receipt of such ruling, contributions shall be payable as of the effective date specified in the Agreement to which this is an Appendix.

Section 4. Employer shall furnish the Trustees with information such as the names of employees, classifications; Social Security numbers, hours worked, and such other information as may be required or deemed necessary by the Trustees for the proper and efficient administration of the Trust.

Section 5. Employer hereby authorizes and directs the Committee named in this Agreement as representing the Employers, and as to the future, the Committee representing Employers named in the then current Agreement successor to this Agreement with the Union or any local thereof to do each and all of the following in his (Employer’s) name and behalf, either individually or in conjunction with other Employers covered by this Agreement.

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(a) Execute the Trust Agreement establishing the National Pension Trust;

(b) Exercise any rights, powers and authority given or provided by said Trust Agreement or any amendments thereto, to elect, select, appoint or to vote for one or more Employer Trustees and successor Employer Trustees of the Trust and to remove or vote for or against the removal of any Employer Trustee of the Trust;

(c) Exercise any and all other rights in connection with or relating to the National Pension Trust or the Trust Agreement, which are given the Employer, either individually or together with other Employers, under said Trust Agreement.

In exercising or in not exercising the power and authorities herein granted, the Committee shall act on and in accord with, but only on and in accord with, the vote of a majority of the then members of the Committee. Having so acted, the Committee may designate its then chairman, alone or together with one or more of its members, or one or more other members of the Committee, to vote or to execute any document on behalf of the Committee and/or Employer and/or all or some of the other Employers covered by this Agreement.

Section 6. Employer hereby irrevocably designates the Employer Trustees appointed pursuant to said Trust Agreement, and their successors collectively as his (Employer’s) representatives for the purposes set forth in said Trust Agreement.

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APPENDIX “E”APPRENTICESHIP

Section 1. In the Agreement to which this is an Appendix and, in this Appendix, the Boilermakers Area Apprenticeship Funds are referred to as “Area Apprenticeship Funds,” “Apprenticeship Funds” and “Funds.” The National Joint Apprenticeship Board is composed of an equal number of Employer and Union representatives selected to represent the various areas established by the Trust Agreement. The Committee is the “Employers’ or Contractors’ Negotiating Committee.” The Contractor is referred to as “Employer” and the Contractors are referred to as “Employers.”Section 2. Employer agrees to be bound by the Agreement and Declaration of Trust establishing the Boilermakers Area Apprenticeship Funds and by any amendments to said Trust Agreement.Section 3. Payment of Employer contributions to the Boilermakers Area Apprenticeship Funds shall be made on the dates and in the manner and form prescribed by the National Joint Apprenticeship Board of said Funds.Section 4. Employer hereby authorizes and directs the Committee in this Agreement named as representing the Contractors, and as to the future, the Committee named in the then current agreement successor to this Agreement with the Union or any local thereof, to do each and all of the following in his (Employer’s) name and on behalf, either individually or in conjunction with other Employers covered by this Agreement.

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(a) Execute the Agreement and declaration of Trust establishing the Boilermakers Area Apprenticeship Funds;

(b) Exercise any rights, powers and authority given or provided by said Trust Agreement or any amendments thereto to elect, select, appoint or to vote for one Employer Member of the National Joint Apprenticeship Board and a successor Employer Member of such Board and to remove or vote for or against the removal of any Employer National Board Member selected under this Agreement;

(c) Exercise any and all other rights in connection with or relating to the Boilermakers Area Apprenticeship Funds or its Trust Agreement, which are given the Employer, either individually or together with other Employers, under said Trust Agreement.

In exercising or in not exercising the power and authorities herein granted, the Committee shall act on, and in accord with, but only on and in accord with, the vote of a majority of the then members of the Committee. Having so acted, the Committee may designate its then chairman, alone or together with one or more of its members, or one of more other members of the Committee, to vote or to execute any document on behalf of the Committee and/or Employer and/or all or some of the other Employers covered by this Agreement.

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APPENDIX “F”MAINTENANCE AND REPAIR AGREEMENT

ARTICLE 1 RECOGNITION

(1) The bargaining unit under this Agreement shall be comprised of Boilermaker Employees, now employed and employed in the future for maintenance, repair, replacement, and renovation in various plants within the jurisdiction of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO. This Agreement does not apply to General Superintendents, Superintendents, Assistant Superintendents, office and clerical employees, watchmen or other professional or supervisory employees as defined in the National Labor Relations Act, as amended.

(2) It is agreed between the Union and the Employer that this Agreement is applicable to maintenance, repair, and replacement of parts and renovation work that is primarily within the recognized and traditional jurisdiction of the Union and shall be performed in the accordance with the terms of this Agreement. It is further agreed that should the plant owner also award work to the Employer that is within the recognized and traditional jurisdiction of another union with which the Employer has a similar Agreement for the performance of that work, then work assignments shall be made in accordance with Agreement and Decisions of record, established

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trade practice, or prevailing area practice. Since presently established jurisdictional dispute settlement procedures are not applicable to the work covered by this Agreement, then any disputes that arise from such assignments shall be referred to the International Representative assigned by the International Vice President for resolution. In any settlement discussions developing there from, it is agreed that the Representatives of the plant owner who awarded the work to the Employer will actively participate, along with the Employer and Union Representatives, to insure an expeditious resolution of the dispute. Should any dispute fail to be resolved, the parties may submit to the Office of the International Vice President for resolution.

(3) The Employer recognizes the Union herein as duly constituted for the purpose of bargaining collectively and administering this Agreement for the members affiliated with the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, AFL-CIO.

ARTICLE 2 SCOPE OF WORK

(1) This Agreement covers all work assigned by the Owner to the Employer and performed by the employees covered by this Agreement.

(2) This Agreement does not cover work performed by the Employer of a new construction nature, in which event said work shall be done in accordance with existing construction agreements.

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(3) The Union and the Employer understand that the Owner may choose to perform or directly sub-contract or purchase any part or parts of the work necessary on his project with due consideration given to achieving the highest maintenance standards and harmonious working conditions herein.

(4) All sub-contractors to the Employer under this Agreement shall abide by the terms and con-ditions of this Agreement for Boilermaker work.

ARTICLE 3 DEFINITIONS

(1) Maintenance shall be work performed for the repair, replacement, renovation, revamp and upkeep of property, machinery, and equipment, within the limits of the plant property or other locations related directly thereto.

(2) The word “repair”, used within the terms of this Agreement and in accordance with maintenance, is work required to restore by replacement of parts of existing facilities to efficient operating conditions.

(3) The word “renovation”, used within the terms of this Agreement and in connection with maintenance, is work required to improve and/or restore by replacement or by revamping parts of existing facilities to efficient operating condition.

(4) The term “existing facilities”, used within the terms of this Agreement is limited to a constructed unit already completed and shall not apply to any

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new unit to be constructed in the future, even though the new unit is constructed on the same property or premises.(5) In the event a dispute arises as to whether a work operation is new work or work falling within the scope of this Agreement, the matter shall be referred to a committee consisting of International Vice President, Union representative and two (2) Representatives of Contractors Committee.(6) When an Employer has a Nuclear repair job, employees will be rotated out of Radiation Permit Areas (commonly called hot work in Nuclear Plants) where circumstances permit, in order to insure them the maximum number of working hours available during the duration of the job. On a repair job where rotation of employees is not possible because of the nature of the work, the Local Union office will be notified in advance, when possible, or at the earliest possible date.

ARTICLE 4 HOLIDAYS

The Local Business Manager and Employer along with other involved crafts may agree to standardize the holidays and celebrate the same on another work day during the week the holiday falls in.

ARTICLE 5 WORK HOURS PER DAY AND OVERTIME

(1) Employees who have been called out for emergency repair work which is started during the hours prior to 8:00 A.M. at the time and one half

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(1 ½) rates, shall continue to receive time and one half (1 ½) rates for all hours which they continue to work until granted a minimum rest period of eight (8) hours.

(2) All time worked before and after the established work day of eight (8) hours, Monday through Friday, and all time worked on Saturday, shall be paid at the rate of time and one half (1 ½). All time worked on Sundays, and the Holidays as stated in Article 16 shall be paid for at the rate of double time.

(3) Employees shall be at the base of the structure or gang box at regular starting time.

(4) For purposes of maintenance work as defined in this appendix, there shall be no minimum number of days required for shift work. The Employer may establish a second and/or third shift at any time without any duration requirement. If such shift is established without twenty-four (24) hour notification to the Union, the first day of such shift shall be paid at the appropriate overtime rate. Every day thereafter shall be paid at the appropriate shift rate.

ARTICLE 6 APPRENTICES

The Union agrees that the needs of plant maintenance may warrant differing apprentice ratios than those established. The Employer and Union, therefore, agree to negotiate such ratios from time to time as the conditions warrant.

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ARTICLE 7 HIRING AND TRANSFER OF MEN

The Employer agrees to hire men in any territory where work is being performed or is to be performed in accordance with the hiring procedure existing in the territory where the work is being performed or is to be performed; however, in the event the Local Lodge is unable to fill the request of the Employer for Employees within a forty-eight (48) hour period after such request for Employees (Saturdays, Sundays, and Holidays excepted), the Employer may employ workmen from any source. The Employer shall have the right to move qualified Boilermaker General Foreman, Foreman, Assistant Foreman and Employees from one job assignment to another within the plant location where they are working.

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NORTHEASTERN STATES AGREEMENTSeptember 25, 1986

Joint Negotiating Committee Interpretations Of Pay For Friday Makeup Days When Jobs Work Four (4) Tens (10s) Work Week

M T W T FShifts 10 10 10 10 10 All hours worked Friday at overtime

New Employee

X X X 10 10 All hours worked Friday at overtime

EmployeeMissesTime

10 0 10 10 10 All time worked Friday at straight time

Job rainedout, show up time paid

10 2 10 10 10 First eight (8) hours at straight time. Last two (2) hours at overtime

Job misses time due to bad weather or conditions beyond Contractor’s control

10 5 10 7 10 First eight (8) hours at straight time. Last two (2) hours at overtime

Start of Job X X 10 10 10 All time worked on Friday at overtime

Job rained out on a makeup day

10 2 10 10 2 Two hour’s pay on Friday per Article 15 (c)

Foreman guaranteed 40 hours Job Works

10 2 10 10 10 *All time worked on Friday at overtime

*Provided foreman qualifies for guarantee 40 requirement per Article 19 (b) of revised agreement.

Thomas H. O’Connor, III, Contractor ChairmanJohn T. Fultz, IVP, Union Chairman

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NORTHEASTERN STATES AGREEMENT CONTRACT STIPULATION

(Area Agreement)

By their signatures hereto the undersigned Employer and Union bind themselves to the Northeastern States Collective Bargaining Agreement, in effect from January 1, 2018 through December 31, 2020.

The parties hereto stipulate and agree to be bound by the terms and conditions of the aforesaid labor agreement for the duration thereof and it is further stipulated and agreed hereby that they will be similarly bound by all successor agreements unless the Union or the Employer receives from the other written notice of cancellation of this agreement at least sixty (60) but not more than ninety days (90) prior to the termination of any such Agreement.

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NORTHEASTERN STATES AGREEMENT SIGNATORY CONTRACTORS

AC and S Inc. Adirondack Mechanical Services Advance Welding American Boiler Tank & Welding Babcock & Wilcox Construction Company, Inc. Bendick Construction Company, Inc. Brownell Steel Catskill Mountain Mechanical Colonial Construction Managers Commercial Welding Company Custom Fabrication & Erection Inc. David Parry’s Maint. Galaxy Inc. Gould Erectors & Riggers G.R. Cummings Company Flame Refractories, Inc. Foster Wheeler/Zack Frank Lill & Son, Inc Fresh Meadow Power NE, LLC. E.H. Hinds Company (Division of APM, Inc.)Hayes Mechanical International Chimney Corporation IPC LydonKamyr Installations, Inc. K&E FabricatingMaincon Services, Inc.

NAB Construction Corp. National Steel Erection, Inc. New England Insulation Company Niagara Mechanical Contractors Nicholson & Hall Corporation Patent Scaffold Company Performance Contracting Company Perras E PLD Energy Services, Inc.Preciptech Company P.J. Riley & Company, Inc. Rushen Rigging, Inc. Services, Inc. (formerly Mercury Co. of Norwood, Inc.) Shaughnessy Millwrights, Inc. Sullivan & Merritt, Inc. Syracuse Rigging Company Thielsch Engineering J.T. Thorpe Company Troy Boiler Works USBT Abrasives & Refractories Williams Crane & Rigging Williams Power Wiltsie Construction Company Zurn Industries Energy Division

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INDEX PAGE

Agreement Qualification ..............................................................43 Annuity .........................................................................................31 Apprenticeship........................................................................32, 54 Building Trades Deduction ..........................................................42 Check-off ..................................................................................... 18 Duration of Agreement ................................................................45 Foremen (Supervision) ................................................................10 Functions of Management ............................................................4 Grievances .....................................................................................39 Health and Welfare ......................................................................30 Holidays ........................................................................................16 Hours of work .............................................................................. 12 Job Notice .......................................................................................5 Jurisdictional Disputes ...................................................................8 Medical Treatment ......................................................................37 Minimum Pay and Reporting Time .............................................14 MOST ............................................................................................33 No Strike-No Lockout ...................................................................41 Overtime ......................................................................................16 Pay Day .........................................................................................17 Pension .........................................................................................31 Piece Work ...................................................................................12 Political Action Fund Deduction ..................................................41 Preamble ........................................................................................1 Project Agreements .....................................................................42 Recognition ................................................................................... 3 Referral of Personnel .....................................................................6 Safety Measures ...........................................................................37 Scope and Purpose of Agreement .................................................1

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INDEX (continued) PAGE

Separation Notices .......................................................................36 Shifts .............................................................................................12 Steward ........................................................................................11 Subcontracting ...............................................................................5 Trade Jurisdiction ...........................................................................8 Transportation .............................................................................30 Travel Allowances ..................................................................30, 48 Unemployment Compensation ...................................................36 Union Access to Jobs ......................................................................9 Union Security .................................................................................3 Wage Scales ..................................................................................20

BRICKLAYERS

BUILDING

BRICKLAYERS & ALLIED CRAFTWORKERS

BUILDING

AGREEMENT

BETWEEN

EASTERN CONTRACTORS ASSOCIATION, INC. CONSTRUCTION EMPLOYERS ASSOCIATION OF CNY, INC.

AND

BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL UNION NO.2, NY

ALBANY, N.Y.

Albany/Plattsburgh Areas: May 1,2015 - May 31, 2021 SyracuselUtica/Watertown Areas: June 1,2015 - May 31, 2021

Eastern Contractors Association, Inc.

Todd G. Helfrich, President & CEO 6 Airline Drive

Albany, NY 12205

Phone: (518) 869-0961 Fax: (518) 869-2378

NOTE: Revisions, if any, will be printed in the back of the book.

Construction Employers Association of CNY, Inc.

Earl R. Hall, Executive Director 6563 Ridings Road

Syracuse, NY 13206

Phone: (315) 437-3717 Fax: (315) 437-8053

Bricklayers & Allied Craftworkers Local #2 New York

Robert J. Mantello, President 302 Centre Drive

Albany, NY 12203

Phone: (518) 456-5477 Fax: (518) 456-7420

ARTICLE

I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX

XX XXI XXII XXIII XXIV XXV XXVI XXVII XXVIII XXIX XXX XXXI XXXII XXXIII

TABLE OF CONTENTS

SUBJECT Agreement Duration Preamble Geographical Area Management Rights Union Security Automatic Diminution Hours of Work Overtime Shift Work - Occupied Premises Reporting and Show-Up Time Wages Foremen Working Conditions Safety and Health Provisions Apprentice Wages and Working Conditions Job Steward Job Visits Hiring, Layoff, and Movement of Employees Subcontracting Ban on Piece Work and Lumping Work Fringe Benefit Funds-Health, Pension, Vacation, Education & Training, International Pension, Promotional, International Masonry Institute, Annuity, Industry & International Council of Employers Employee Assessment Deduction Bonding Mutual Assistance Arbitration Savings Clause Work Jurisdiction and Description of Work Housing and Rehabilitation Maintenance Association Security "B" Local Drug Testing Non-Discrimination Workers' Compensation MCO and PPO Parties to the Agreement Appendix 1 - ECAlBasic Trades Workers' Compensation Program Appendix 2 - Collections Policy Non-Association Employer Signature Page

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AGREEMENT DURATION Bricklayers and Allied Craftworkers

Local No.2, Albany, NY Expires May 31,2021

Agreement is made this 18th day of March, 2015 by and between the Eastern Contractors Association, Inc. and the Construction Employers Association of Central New York, Inc. whose employing members are hereinafter referred to as the Party of the First Part; Bricklayers and Allied Craftworkers Local Union No. 2 NYNT, hereinafter referred to as Party of the Second Part.

This Agreement shall become effective May 1, 2015 and shall remain in full force and effect until the 31 st day of May, 2021, and shall continue from year to year thereafter unless written notice that changes or termination are desired is given by either party (The Associations or Party of the First Part, or the Union, or Party of the Second Part) to the other not less than ninety (90) days prior to the expiration date. An Employer who is not member of the Party of the First Part or has not designated bargaining rights to the Party of the First Part agrees it shall be bound by any future Agreement and/or modifications, renewal, or revisions of the Agreement negotiated between Eastern Contractors Association, Inc., Construction Employers Association of Central New York, Inc. and the Bricklayers and Allied Craftworkers Local No. 2 for the multi-employer bargaining unit hereinafter defined, unless it make written notice of termination not less than ninety days (90) prior to the expiration date on the parties.

The effective date of this Agreement for Employers signed to the old Agreement between Construction Employers Assoc. of Central New York, Inc. and Bricklayers and Allied Craftworkers Local No.2 shall be June 1, 2015 and shall thereafter remain in full force and effect as listed above.

PREAMBLE Section 1. In accordance with and subject to the provisions of the Labor-Management Relations Act of 1947,

as amended, the Party of the First Part recognizes the Party of the Second Part as the exclusive bargaining agent for all employees included under the terms and conditions of this Agreement. This recognition is for the purpose of collective bargaining in respect to rates of pay, hours of work, conditions of employment and all other matters covered by this agreement. This Agreement shall cover all work performed by bricklayers, stonemasons, cement finishers, plasterers, caulkers, pointers and cleaners coming within the recognized jurisdiction of the Bricklayers and Allied Craftworkers International Union, AFL-CIO.

Section 2. The Union will provide the Associations with a signed copy of the Agreement with any Employer who is not a member of one of the Associations., and the Association will provide the Union with an up-to-date list of all its new members.

Section 3. This Agreement shall cover all Building work whether new construction, repair, or restoration performed by Bricklayers, Stone Masons, Cement Finishers, Plasterers, Caulkers, Pointers and Cleaners (PCC) engaged in on-site construction (commercial, institutional, industrial or residential) within the contract limit lines where intended use is a building or access to a building where the principal use is not a highway.

ARTICLE I GEOGRAPHICAL AREA

Section 1. The geographical jurisdiction covered by this Agreement includes: Albany, Cayuga, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis Madison, Montgomery, Oneida, Onondaga, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren, and Washington counties.

Section 2. A signatory Employer's workforce shall be afforded full mobility throughout the entire geography of the Local.

ARTICLE II MANAGEMENT RIGHTS

The Unions understand that the Contractor has the complete authority and right to: A. Require all employees to observe all safety regulations prescribed by the Contractor, Owner, and all

state and federal safety regulations, rules and orders which are applicable to his/her own actions and conduct. B. The Unions understand the extreme importance of keeping operating equipment and units running at

all times. The Unions also understand that the loss of production and the cost of repairs together create a great loss to the Owner and/or Contractor.

Therefore, the Unions will encourage and advise the employees to exhaust every effort, ways and means to perform work of good quality and quantity.

ARTICLE III UNION SECURITY

Section 1. The Party of the Second Part agrees to furnish, if available, qualified bricklayers, masons, PCC, and plasterers if requested by the Party of the First Part. The Party of the First Part shall give at least forty-eight (48) hours' notice when requiring employees. The right of the Employer to employ persons of his/her own selection shall not be questioned. The parties hereto shaIl abide by all applicable laws relative to discrimination because of age or disability.

Section 2. All Employers. - It is understood and agreed by and between the parties hereto that, as a condition of continued employment, all persons who are hereafter employed in the unit which is the subject of this Agreement shall make application to the Union after seven (7) days from the date of their employment after demonstrating qualifications as craftworkers of the trade, and that the continued employment by the Employer in said unit of persons who are already members of the Union shall be conditioned upon those persons continuing their payment of the periodic dues of the Union. The failure of any person to become a member of the Union within said period of time shall obligate the Employer upon notice from the Union to such effect (and to further effect that Union membership was available to such person on the same terms and conditions generally available to other members) to forthwith discharge such person. Further, the failure of any person to pay the periodic dues of the Union shall, upon notice to the Employer by the Union to such effect, obligate the Employer to discharge such person.

Sectio 3. For Employers based in Cayuga, Oneida, Herkimer, Jefferson, Madison, Onondaga, Oswego and St. Lawrence counties ONL Y:

NON-ASSOCIA TION EMPLOYER - Inasmuch as the Union has submitted proof and the Employer is satisfied that the Union represents a majority of its employees in the bargaining unit described herein, the Employer recognizes the Union, pursuant to Section 9(a) of the National Labor Relations Act, as the exclusive collective bargaining agent for all employees within that bargaining unit, on all present and future jobsites within the jurisdiction of the Union, unless and until such time as the Union loses its status as the employee's exclusive representative as a result of an NLRB election requested by the employees. The Employer agrees that it will not request an NLRB election.

Section 4. This Agreement shall cover all work performed by bricklayers, masons, plasterers, PCC, and marble setters on buildings and work incidental thereto coming within the recognized jurisdiction of the Bricklayers and Allied Craftworkers International Union (B.A.C.LU.) of America, and this trade autonomy shall not be violated.

If it is agreed by both parties of this Agreement that the trade autonomy of the Patty of the Second Part has been violated and either party refuses to abide by the decision, then the Party of the Second Part may remove its employees without a picket line; however, in the event that after the Party of the Second Part has removed its employees some other craft is doing the work of the Party of the Second Part, then the Party of the Second Part may picket.

Section 5. The Union agrees to work with and assist the Employer in providing basic hazard recognition training, hazard communication training and filling out the INS 1-9 form that the employee is legally eligible to work in this country.

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ARTICLE IV AUTOMATIC DIMINUTION

Should the Union at any time hereafter enter into an agreement with any Employer performing work covered by the terms of this Agreement with terms and conditions more advantageous to such Employer, or should the Union in the case of any Employer which is bound to this form of Agreement countenance a course of conduct by such Employer enabling it to operate under more advantageous terms and conditions than are provided for in this Agreement, the Employers, party to this Agreement, shall be privileged to adopt such advantageous terms and conditions provided the Employer, through the Association, has sent written notice to the Union calling the matter to its attention.

ARTICLE V HOURS OF WORK

Section 1 A. Normal work day shall consist of eight (8) hours with one-half (112) hour unpaid for lunch. (Employees working during their lunch hour will receive time and one-half (1 112) pay.)

Section 1 B. The starting time shall be set by the Contractor except that starting time shall not be changed from day to day. The work day must start no sooner than 6:00 A.M. nor later than 8:00 A.M. weather permitting, except as may be otherwise mutually agreed upon by the Employer and Union.

Section 2. It is agreed that employees shall leave the shanty at the appropriate starting time and work until the appropriate lunch time, provided that the lunch shanty is within a reasonable distance of their place of work. In the event that it is not, ample time shall be allowed to reach the shanty at the appropriate lunch period. Employees shall leave the shanty at the end of the lunch period and be allowed five (5) minutes at the end of the day to pick up their own tools. If there is a requirement to pick up the Employer's tools, this time shall be in addition to the five (5) minutes previously mentioned.

Section 3. In the morning, at a time designated by the superintendent, a ten (l0) minute coffee break will be allowed. One (1) person designated by each Contractor shall distribute coffee to the employees at their place of work. The coffee shall be consumed by the employees at their places of work. In situations where the previous is not practical for PCC employers and employees, a mutual agreement between the Employer and the Union will be established on ajob by job basis.

When working ten (10) hours or longer in a shift, after eight (8) hours of work a ten (10) minute paid break will be provided in the place of work.

Section 4. If elevators are not provided on jobs six (6) floors or higher, employees shall be at their place of work fifteen (15) minutes after starting time and after lunch period and shall leave their place of work ten (l0) minutes before lunch period and before quitting time, when working on the sixth floor or above. Entrance floor shall be known as first floor.

Section 5. To the extent permitted by law, the work week may be four days in duration (Mon. - Thurs.) with each day consisting of ten (10) hours work at the straight-time rate. Any work performed outside these limits would be at the appropriate oveliime rate. It is the intent of the parties that a 4-10s schedule shall be for a minimum of four (4) days in a row. Where a 4-lOs schedule is worked, Friday shall be allowed as a make-up day. If, however, weather prohibits work on Friday, Saturday is allowed, but will be worked at the appropriate overtime rate.

ARTICLE VI OVERTIME

Section 1. All overtime above the normal workday as defined in Article V Section lA - B and on Saturday shall be paid at time and one-half (1 112). Double time shall be paid for all work performed on Sunday and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Any holiday which occurs on Sunday shall be observed the following Monday.

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Section 2. No overtime shall be worked before or after the regular working hours or on Saturdays, Sundays or holidays except in cases of emergency. All overtime must be approved by the Local President andlor Field Representative and, further, it is the Local President and/or Field Representative's prerogative to allow overtime work in an emergency.

Section 3. Saturday is also payable at the straight time rate if the employee misses work, except where a doctor's or hospital's verification of illness is produced, Monday through Friday when work was available to the employee. The intent is to challenge the abuse of some employees missing work Monday through Friday intentionally and then going back to work for time and one half (1-112) pay on Saturday.

Section 4. For overtime work (excepting shift work), masons employed during the regular (straight-time) working hours shall not be sent home and replaced with overtime masons in their positions.

Section 5. It is the intent of this Article to insure that the mason will be offered equal treatment concerning the matter of enjoying overtime work. In the event that any overtime work by masons is subject to questioning by any party deemed to be aggrieved, such matter shall be treated as a grievance and be submitted to the joint (bargaining) grievance board. The decision of the Joint grievance board shall be final and binding. If the Joint grievance board cannot reach a decision, the matter shall be submitted to arbitration as provided for in this Agreement.

ARTICLE VII SHIFT WORK-OCCUPIED PREMISES

Section 1. On operations requiring two (2) shifts, the first shift shall work eight (8) hours and receive eight (8) hours pay, and the second shift shall work seven and one-half (7 112) hours and receive eight (8) hours pay. It is understood that there is no guarantee, that on a given day, one shift might not vary due to weather, equipment breakdown or changes in operation schedules.

On three (3) shift operations, the first, or day shift, shall be of eight (8) hours duration; the second shift shall be of seven and one-half (7 112) hours duration, and the third shift shall be of seven (7) hours duration. Each shift shall receive eight (8) hours pay. On three shift operations, the third shift shall be considered as falling on the same day of the week as the first and second shift. A mutually agreed upon number of employees shall be assigned per shift.

Section 2. On multiple shift work, the work week shall start not earlier than 5:00 A.M. The Contractor shall set the starting time. Special cases of starting time may be set by mutual consent. All time worked in excess of the normal shift shall be considered overtime. Saturday and Sunday may be included, on which days, however, the appropriate overtime rate shall be paid. Sunday shall be at double time.

Section 3. Occupied Premises - a shift may be worked in any occupied building outside of the regular work hours at seven and one-half (7 1/2) hours work for eight (8) hours pay. On Saturdays, Sundays and holidays, work shall be performed at the appropriate overtime rate. The Employer is to notify the Local President andlor Field Representative when this work will take place.

Section 4. Concrete Pours - Shift work shall not apply to concrete pours for the purposes of avoiding the payment of overtime. The crew beginning a concrete pour shall complete the concrete pour. However, the Employer shall determine the workforce required to complete the concrete pour.

ARTICLE VIII REPORTING AND SHOW-UP TIME

Section 1. When employees report or show up for work on a job and through no fault of their own are not put to work, weather permitting work, the Employer shall pay two (2) hours' pay as reporting time.

Section 2. Job must start at specified starting time, weather permitting. For any stoppage of work due to inclement weather or otherwise, employees will receive a minimum of two (2) hours' pay when starting work in the morning and a minimum of two (2) hours' pay when starting work in the afternoon. If employees receive four

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(4) hours' pay in the morning, afternoon show-up pay is waived. Employees must remain on job site during this two (2)-hour period in the event the job starts. It is understood that for any time worked after the two-hour period employees will receive pay for hours worked in addition to the two (2) hours.

Section 3. Employees covered by this Agreement, when needed for work on jobs lasting four (4) hours or less, shall receive one-half (1/2) day's pay. On all referrals lasting beyond four (4) hours, employees shall receive a minimum of one (1) day's compensation. If a referred employee refuses to accept work covered by this agreement, then he/she shall be paid for the hours worked.

Section 4. The failure of an employee or employees to report to work because of non-payment of wages shall not be considered a breach ofthis Agreement.

Section 5. If an employee covered by this Agreement refuses an employers' request for the use of his/her vehicle for any purpose other than traveling to and from work, there will be no retribution from the employer

ARTICLE IX WAGES

Section 1 A. The rate of wages under this Agreement shall be as follows:

Albany, Saratoga, Glens Falls Albany, Columbia, Fulton, Greene. Hamilton. Montgomery, Rensselaer,

Saratoga, Schenectady. Schoharie and Washington counties. In addition. Warren County south o/the northern boundG/y o/the towns 0/

Warrensburg and QueensblllJJ:

7/1/2015 Basic Hourly Rate: Health Fund: Local Pension Fund: IU Pension: IPFFPA: T&E**: Annuity: ClAP: ICE: Local Dues*: IU Dues*: D&B Fund*: PAC*: Vacation*: TOTAL:

$32.80 $8.95 $8.25 $0.50 $0.14 $1.08 $0.65 $0.32 $0.03 $1.77 $0.52 $0.10 $0.08 $1.00

$52.72 'Dedllctedfrom Basic HOllrly Rate after taxes. "Twenty-seven cents (S.27) of this amolllltto be remilled to the Local Masonry Promotion Fund; Fifteen cents (0.15) to be remilled Local No.2 Training and Education Fund; and Sixty-six cents (0.66) to be remilled to the International Masonry Instilute

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Plattsburgh Essex. Clinton and Franklin counties. In addition. Warren County north o/the northern boundary o/the towns o/Warrensburg and Queensbury:

7/1/2015 Basic Hourly Rate: $28.98 Health Fund: $8.81 Local Pension Fund: $7.30 IU Pension: $0.40 IPFFPA: $0.12 T&E**: $1.07 Annuity: $0.65 ClAP: $0.28 ICE: $0.03 Local Dues*: $1.67 IU Dues*: $0.47 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $0.50 TOTAL: $47.64 *Deductedfrom Basic Hourly Rate after taxes. **1\Jlcnty-seven cents (5.27) of this amount to be remitted 10 the Local Nfasonry Promotion Fund; Twenty cents (0.20) to be remilled Local No.2 Training and Education Fllnd; and Sixty cents (0.60) to be remilled to the IlIIernational Masonry Ins/ilule.

Syracuse Onondaga and Cayuga counties and the townships o/Sullivan and

Ca=enovia in Madison County:

7/1/2015 Basic Hourly Rate: Health Fund: Local Pension Fund: IU Pension: IPFFPA: T&E**: :t\Ql1uity: ClAP: Local Dues*: IU Dues*: D&B Fund*: PAC*: Vacation*: TOTAL:

$31.46 $8.95 $6.38 $1.50 $0.44 $1.10 $0.65 $0.17 $1.79 $0.50 $0.10 $0.08 $1.00

$50.65 *DeducledJrom Basic Hourly Role afler laxes. **Twenty-jive cents (S.25) of this amount 10 be remitted to the Local J\-fasonry PromOlion Fund; Twellly cents (0.20) 10 be remilled Local No.2 Training and Educalion Fund; and Sixly-jil'e cents (0.65) 10 be remitted 10 Ihe Inlematiollal Masonry Inslilule.

Utica Oneida and Herkimer counties; Madison County, except the townships o/Sullivan and Ca=enovia; and the townships o/Osceola, Lewis, West

Turin. Leyden and Turin in Lewis County:

7/1/2015 Basic Hourly Rate: $31.90 Health Fund: $8.95 Local Pension Fund: $6.70 IU Pension: $0.30 IPFFPA: $0.08 T&E**: $1.14 Annuity: $0.65 ClAP: $0.12 Local Dues*: $1.77 IU Dues*: $0.50 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $1.00 TOTAL: $49.84 *DeducledJrom Basic Hourly Role afler laxes. "1iventy-jive cellis (S.25) oJlhis amOUllllo be remilled 10 Ihe Local Masollry Promolion FUlld; Nineleen cenls (0./9) 10 be remilled Local No.2 Trainingand Education Fund; and Sevellty cents (0.70) 10 be remitted 10 Ihe Intemalional Masonry Institute.

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7/1/2015 Basic Hourly Rate: Health Fund:

Oswego Oswego County

$32.95 $8.85

Local Pension Fund: $7.09 IU Pension: $1.00 IPFFPA: $0.30 T&E**: $1.14 Annuity: $0.65 ClAP: $0.17 Local Dues*: $1.84 IU Dues*: $0.52 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $1.00 TOTAL: $52.15 *DeducledJrom Basic Hourly Rale afler laxes. **Twenty-five cenls (S.25) oflhis amolillf to be remiltcd 10 the Local Masonry PromOlion Fund; Nineleen cenls (0. /9) 10 be remitted Local No.2 Training and Education Fllnd; and Seventy cenls (0.70) 10 be remilled 10 Ihe International Masonry inslilule.

Ogdensburg St. Lawrence County

7/1/2015 Basic Hourly Rate: $31.20 Health Fund: $8.45 Local Pension Fund: $6.60 IU Pension: $1.50 IPFFPA: $0.44 T&E**: $1.12 Annuity: $0.65 ClAP: $0.12 Local Dues*: $1.78 IU Dues*: $0.50 D&B Fund*: $0.10 PAC*: $0.06 Vacation*: $0.85 TOTAL: $50.08 *DeducledJrom Basic Hourly Rale aj/er laxes. **Twellly-five cenls (S.25) of this amount 10 be remil/ed to the Local Masonry Promotion Fllnd; Twenly cellis (0.20) 10 be remilled Local No.2 Training alld Education Fllnd; and Sixly-seven cents (0.67) 10 be remitted 10 Ihe Inlernational Masonry Institute.

Watertown Jefferson County and the townships 0/ Diana, Croghan, Denmark,

Pickney, Harrisburg, Lowville, New Breman, Watson, Jllartinsburg, Montague, Highmarket and Grieg in Lewis County:

7/1/2015 Basic Hourly Rate: $31.75 Health Fund: $8.70 Local Pension Fund: $6.99 IU Pension: $1.50 IPFFPA: $0.44 T&E**: $1.11 Annuity: $0.65 ClAP: $0.12 Local Dues*: $1.82 IU Dues*: $0.51 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $0.85 TOTAL: $51,26 'Deducted from Basic Hourly Rate after taxes. "Twenty-jive cents (S.25) o/t/lis amount to be remiffed to the Local Masonry Promotion Fund; Nineteen cellls (0.i9) to be remitted Local No.2 Training and Education Fund; and Sixty-seven cellls (0.67) to be remitted to the illlemational Masonry Institute.

Section 1 B. Housing and Rehabilitation and Small Commercial

Albany, Saratoga, Glens Falls, Plattsburgh Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton,

Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington counties:

7/1/2015 Basic Hourly Rate: Health Fund: Local Pension Fund: IV Pension: IPFFPA: T&E**: Annuity: ClAP: Local Dues*: IU Dues*: D&B Fund*: PAC*: Vacation*: TOTAL:

$26.49 $8.90 $7,20 $0.50 $0.10 $0.83 $0.30 $0.27 $1.33 $0.44 $0.10 $0.08 $1.00

$44.59 'Deduetedfrom Basic Hourly Rate after taxes. "Two cellls (S.02) a/this amoulll to be remiued to the Local Masonry Promotion Fund; Fifteen cents (0.i5) to be remitted Local No.2 Training and Education Fund: and Sixty-six cellts (0.66) to be remitted to the international Masonry Institute

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Syracuse Onondaga and Cayuga counties and the townships o/Sullivan and

Cazenovia in Madison County:

7/1/2015 Basic Hourly Rate: $21.72 Health Fund: $9.04 Local Pension Fund: $6.38 IV Pension: $1.50 IPFFPA: $0.37 T&E**: $0.85 Annuity: $0.45 ClAP: $0.17 Local Dues*: $1.21 IU Dues*: $0.40 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $1.00 TOTAL: $40.48 'Deductedfrom Basic Hourly Rate after taxes. "Four cents (S.O-I) a/this amount to be remitted to the Local Masonry Promotion Fund; Fifteen cellts (0.i5) to be remiffed Local No.2 Training and Education Fund; and Sixty-six cellts (0.66) to be remitted to the international Masonry institute

Utica Oneida and Herkimer counties; Madison County. except the townships of Sullivan and Ca=enovia; and the townships of Osceola. Lewis. West

Turin. Leyden and Turin in Lewis County:

7/1/2015 Basic Hourly Rate: $21.32 Health Fund: $9.20 Local Pension Fund: $6.40 IU Pension: $0.30 IPFFPA: $0.07 T&E**: $0.89 Annuity: $0.30 ClAP: $0.10 Local Dues*: $1.15 IU Dues*: $0.39 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $1.00 TOTAL: $38.58 'Deducted from Basic Hourly Rate after taxes. "Eight cents (S.08) of this amount to be remilled to the Local Masonry Promotion Fund; Fijleen cents (0.15) to be remilled Local No.2 Training and Education Fund; and Sixty-six cents (0.66) to be remitted to the International Masonry Institute

7/1/2015 Basic Hourly Rate: Health Fund: Local Pension Fund: IU Pension: IPFFPA: T&E**: Annuity: ClAP: Local Dues*: IU Dues*: D&B Fund*: PAC*: Vacation*: TOTAL:

Oswego Oswego County

$22.25 $9.09 $6.79 $1.00 $0.20 $0.89 $0.30 $0.17 $1.22 $0.41 $0.10 $0.08 $1.00

$40.69 'Deductedji'om Basic Hourly Rate after taxes. "Eight cents (S.08) of this amount to be remifled to the Local Masonry Promotion Fund; Fijleen cellls (0.15) to be remitted Local No.2 Training and Education Fund; and Sixty-six cents (0.66) to be remitted to the International Masonry Ins/ilute.

Ogdensburg St. Lawrence County

7/1/2015 Basic Hourly Rate: $20.90 Health Fund: $8.69 Local Pension Fund: $6.30 IV Pension: $1.50 IPFFPA: $0.30 T&E**: $0.87 Annuity: $0.30 ClAP: $0.12 Local Dues *: $1.17 IU Dues*: $0.39 D&B Fund*: $0.10 PAC*: $0.06 Vacation*: $0.85 TOTAL: $38.98 *Deducledjrom Basic Hourly Rale after taxes. "Six cents (S.06) of this amoulllto be remitted to the Local Masonry Promotion Fund; Fijleen cents (0.15) to be remifled Local No.2 Training 0/1(1 Education Fund; and Sixty-six cents (0.66) to be remitted to the International Masonry Institute

Watertown Jefferson County and the townships of Diana, Croghan, Denmark,

Pickney, Harrisburg, Lowville. New Breman, Watson. Martinsburg. Montague, Highmarket and Grieg in Lewis County:

7/1/2015 Basic Hourly Rate: $21.29 Health Fund: $8.94 Local Pension Fund: $6.69 IV Pension: $1.50 IPFFPA: $0.30 T&E**: $0.86 Annuity: $0.30 ClAP: $0.12 Local Dues*: $1.20 IU Dues*: $0.40 D&B Fund*: $0.10 PAC*: $0.08 Vacation*: $0.85 TOTAL: $40.00 *Deductedfrom Basic Hourly Rate after taxes. **Five cents (S.05) of til is amount to be remitted /0 the Local Masonry Promotion Fund; Fijleen cents (0.15) to be remifled Local No.2 Training and Education Fund; and Sixty-six cents (0.66) to be remitted 10 the International Masonry Institute

PLEASE NOTE: All fringe benefits and other contributions shall be paid on total hours worked.

Section 1. C. $0.25 of first increase in all areas shall be used to fund a local masonry marketing program.

Section 1. D. Industry Fund: For the counties of Herkimer, Jefferson, Madison, Oneida and St. Lawrence, add an additional $0.02 for each of the first three years of the agreement and then an additional $.01 per hour for

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the fourth year of the agreement. These increases are NOT reflected above in Section 1 A or Section 1 B. Total lAP for the above counties as of: 7/1/2016 - $0.14 7/1/2017 - $0.16 7/1/2018 - $0.17 7/1/2019 - $0.17 7/1/2020 - $0.17

Section 1 E. Acid brick. Employees working on acid brick shall receive fifty cents ($.50) per hour above the basic rate.

Section I F. Future Increases. Albany, Columbia, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie and Washington counties. In addition, Warren County south of the northern boundary of the towns of Warrensburg and Queensbury: Effective 7/1/2016 - $1.40 Effective 7/1/2017 - $1.45 Effective 7/1/2018 - $1.45 Effective 7/1/2019 - $1.50 Effective 7/1/2020 - $1.50

Essex, Clinton and Franklin counties. In addition, Warren County north of the northern boundary of the towns of Warrensburg and Queensbury: Effective 7/1/2016 - $1.26 Effective 7/1/2017 - $1.31 Effective 7/1/2018 - $1.31 Effective 7/1/2019 - $1.35 Effective 7/1/2020 - $1.35

Section 2. Payment of wages.

Cayuga Herkimer, Jefferson, Madison, Oneida, Onondaga and St. Lawrence counties: Effective 7/1/2016 - $1.20 Effective 7/1/2017 - $1.25 Effective 7/1/2018 - $1.25 Effective 7/1/2019 - $1.25 Effective 7/1/2020 - $1.25

Oswego County: Effective 7/1/2016 - $0.94 Effective 7/1/2017 - $0.94 Effective 7/1/2018 - $0.94 Effective 7/1/2019 - $0.94 Effective 7/1/2020 - $0.94

Wages provided in this Agreement shall be paid weekly to the employees on the job before quitting time on Friday. Employees are not to be paid during the lunch period. In the event that the job does not operate on Friday, the employees shall be paid that Friday morning. Not more than three (3) days' wages shall be withheld. Payment may be made by check or cash. If payment is made by check, it should be paid on Friday. Payment may be made in cash on Friday. The checks must be bonded to guarantee payment to the employee.

All employees (except foremen) shall receive equal pay. There shall be no rate of wage distinction between them. All employees covered by this Agreement shall be covered by compensation, unemployment, social security and sickness disability benefits. The name of compensation carrier must be posted in a conspicuous place on the job site, available to all employees.

If payment, is not made by quitting time, employees shall receive waiting time at the double-time rate for an hour. Employees shall return to work at starting time and will be paid double time from starting time until such time as they are paid in addition to their regular wages. However, if the delay is due to a payroll robbery or an Act of God, waiting time may be waived with the consent of the Joint Committee.

Section 3. The employer may either pay an employee who is laid off, discharged, or subjected to job delay hislher wages in full, in cash or check, and hislher layoff slip that day or mail layoff checks to the employee postmarked within 24-hours so that the employee receives it within 72 hours. Failure to meet this stipulation shall result a penalty of one days wages only (without benefits) per day the employee has to wait beyond the 72 hours, except when delay was due to Act of God. Waiting time may be waived with the consent of the Joint Committee.

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Section 4. Make-up Day. Make-up day on Saturday in the week in which a day or days are lost due to inclement weather. Pay for this

make-up day will be straight time, it being understood that work on this day is voluntary on the part of the employees and that further, all employees working on the job be given the same opportunity to work. No discriminatory action will be taken against any employee who declines said work. (See Article XI, Section 6 for winter protection requirements.) If it is determined by the Joint arbitration board as outlined in Article XXIII Arbitration that the contractor is violating the make-up clause, then the contractor shall lose the privilege of a make-up day for the duration of the contract.

Section 5. The parties agree that all compensation (in this Aliicle) whether hourly wage rate or fringe benefits and other contributions listed are wages or derived from wages.

ARTICLE X FOREMEN

Section 1. When there are two (2) or more masons on the job, one (1) shall act as a working foreman. When there are five (5) or more masons on the job, the foreman shall receive no less than one dollar ($1.00) per hour more than the journeyperson's rate. When more than five (5), but less than ten (10), are employed on the job, the Contractor and the mason foreman will have the option of determining whether the mason foreman shall or shall not use the tools of the trade. When ten (10) or more masons are on the job, the foreman shall not use the tools of the trade. If 10 or more masons are on the job and the Foreman is referred by the Union, then he/she shall receive, a premium of 15% ofthe base wage. Foreman must be attending classes to attain or maintain the safety training outlined in Article XII.

Section 2. Employees shall take orders only from the Employer or the authorized foreman.

Section 3. Contractors shall be permitted to bring one (1) foreman to jobs in the jurisdiction of this Union.

Section 4. Employer shall keep the Local Union informed regarding his/her foreman, deputy foreman, etc.

ARTICLE XI WORKING CONDITIONS

Section 1. There shall be no time lost by employees while waiting for the building of scaffolds and stocking same with materials or while being transferred from one job to another. In the event of machinery breakdown (mixer, conveyors, hoists, etc.) every effort shall be made to have same repaired as soon as possible to avoid lost time for the employees covered by this Agreement. In the event of machinery breakdown prior to 8 A.M. so that employees are unable to start work, they shall be covered by Article VIII and receive at least two (2) hours' pay. If machinery breaks down after 10 A.M. and cannot be repaired within a reasonable time, employees are to receive at least one (1) hour's additional pay.

Section 2. No mortar shall be delivered in bulk or wall or pier. Such material shall be placed in a receptacle or mortar boards and handled by masons with a trowel. All mortar tubs or boards are to be raised 18"-36" above the working platform with proper mortar stands.

Section 3. Cement concrete block over 8"X 8" X 18" shall be laid by two (2) employees as a unit; the last course of 8" X 8" X 16" for scaffold high fifty-six inches (56") shall be laid by two (2) employees. It is agreed that all light weight block (weighing forty-five (45) pounds or less) will be laid by one (1) employee, with the exception that the sixth and seventh course of ten inches (10") and twelve inches (12") light weight block will be laid with two (2) employees. All masonry units of over forty-five (45) pounds shall be laid by two (2) employees working as a team, except in manholes they shall be laid by one (1) employee.

Section 4. All lines shall be furnished by the Employer.

Section 5. Wire cutters are to be provided when using durawall.

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Section 6. During the months of November, December, January and February when the temperature falls to 24 degrees Fahrenheit, all jobs must be properly winter protected so that proper temperature will be maintained above the freezing point. This protection is not expected to take care of rain or extreme high winds.

Section 7. Contractors will provide a suitable tool house where mason's tools can be stored with safety. This tool house is to provide a safe and suitable space for changing clothes and eating lunch, and must be lighted and heated when necessary. Where buildings are more than four (4) stories in height, a suitable tool house as above defined shall be provided not more than two (2) stories below where masons are working. Where conditions exist which require an unusual time to get from the work to the tool house, a mutually agreed adjustment shall be made to correct this inequity. Contractors are to insure employees' tools and clothes against loss by fire or forced entry to a limit of three hundred dollars ($300), or loss to be replaced by the Contractor.

ARTICLE XII SAFETY AND HEALTH PROVISIONS

Section 1. The Union shall present, for the safety of its members, at least one training and orientation meeting. The meeting shall be held at various locations throughout the Local's jurisdiction and shall be held other than normal working hours. All bargaining unit members working in the allied Trades covered in this Agreement, as a condition precedent to the employment by a signatory Employer, shall be required to attend a safety meeting, receiving an initial respirator fit test and training, an initial pulmonary function test, and carry a current OSHA 10-hour construction safety and health card. It shall be noted that costs associated with the initial tests will be covered by the individual member through BAC Local 2 NYIVT Health Fund or individual's own coverage or by other employer sponsored coverage. This initiative will be included in the BAC well ness program.

Section 2. Employer must provide necessary safety attire such as rubber gloves, apron, mask and goggles, and grounding of masonry saws.

Section 3. The Employers shall abide by all applicable laws relative to drinking water at the job site.

Section 4. No masonry units shall exceed fifty-six inches (56") in height without scaffold material. No working platform shall be above the level of the wall where employees are working. The scaffold shall not be less than fifty inches (50") wide. Scaffolds shall be used on both sides of walls twelve inches (12") or over where a dangerous condition exists. Ladders or

runways shall be provided, where practicable. On walls fourteen inches (14") or over, there should be a scaffold provided on both sides where practicable, except on unfinished sixteen-inch (16") brick walls.

Section 5. On all trench work there should be a two-foot (2') clear level space for employees to work.

Section 6. When wet conditions exist at or below grade level, necessary efforts shall be made to keep surface dry, and free from all debris.

Section 7. All scaffolds where other mechanics are working above shall have an overhead cover. Cover shall not be more than one (l) story above the worker. Cover shall be of strong material to protect workers in accordance with the state law. All state safety laws shall be observed.

Section 8. All ladders shall extend at least three (3') feet six (6") inches above the platform or floor openings to conform with state law.

Section 9. Mortar boards, mortar pans or other receptacles for delivery of mortar or material shall be in such a condition so as not to endanger the body or clothing of masons.

Section 10. On plastering of sidewalls requiring scaffolds, scaffold and runways must be at least two-plank wide.

When working on bottoms, all work is to be plastered one foot above height of scaffold, mortar board shall be elevated from 18" to 36" inches above working platform.

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Section 11. Contractors are to provide clean and sanitary toilet facilities.

Section 12. There shall be no restriction of timesaving tools, provided health and safety are not endangered.

Section l3. When sectional steel scaffolds are being used on masonry work and the scaffold is so erected as to provide both stock areas and mason's working platforms at different elevations:

1) The stock platform shall never exceed thirty-seven inches (37") above the mason's work or standing platform.

2) Materials on stock platforms, when placed for mason to draw from, shall not exceed thirty inches (30") in height, when he/she is working on the lower standing platform.

3) These heights may be attained by the use of the special side wall brackets 0.9.J or 0.9.K. as specified in the Patent Scaffold Company's bulletin P5S-56R or the use of any equal.

Section 14. Hanging scaffolds for washing down and patching shall be made of steel cable type.

Section 15. Bricklayers must be covered by a nominal two-inch (2") plank covering when work is progressing directly overhead.

Section 16. No chop saws, partner saws or dry-cutting of masonry in winterized scaffolding, covered in scaffolding and/or confined space without proper protection for all masons exposed to dust and exhaust. If this section is violated, then the employees shall have the right to notify local Union No. 2 immediately without reprisal or dismissal from the Employer.

Section 17. Safety Training 1. It is agreed that the Union will work with the Employer and Eastern Contractors Association, Inc. and

Construction Employers Association of Central New York, Inc. to properly train and certify Employees to meet all skill and safety requirements of the Associations' and Employer's safety program, owner's safety program, hazardous Communications program, state and local safety regulations, and that of OSHA pertaining to the scope of work such employee is assigned to perform. The Union and Employer agree that skill and safety requirements necessary to maintain productivity and increase quality and guard against undue injury or death to themselves and others. The Employer, Associations, and Owner shall provide their respective safety programs upon request of the Union.

The employee shall provided proof of training and certification supplied by Eastern Contractors Association, Inc., Construction Employers Association of Central New York, Inc., the Union and the Employer upon request of Employer and/or Local Union No.2.

The Union will encourage and educate all insured employees to have yearly physicals.

2. The Union will present to the Trustees of the Joint Apprenticeship Training Fund the request to: A. One time fit test all future apprentices within first year of employment. B. Conduct blueprint Reading course. C. Conduct 8-Hour Scaffold Erector Fall Protection Training. D. Substance Abuse Awareness Training. E. The Union, ECA, and the Employer will provide the following minimum training and certification

contingent upon ECA securing the grant from the N.Y.S. Department of Labor Occupational Safety & Health Hazard Abatement Board:

F. OSHA lO-Hour Construction, 4-Hour MSDS certification training, 4-Hour Scaffold User/Fall Protection Training.

G. 4-Hour Confined space. H. 6-Hour Ergonomic. I. 8-Hour basic First Aid/CPR training. J. Silica Training for Construction. K. All Foreman as stipulated in Article X shall be provided: L. 10-hour scaffold workshop. M. Supervisory Training Program and Foreman Course.

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Section 18. On cement finishing work above the first floor beyond regular working hours and where a safety issue exists, the worker shaH not be left alone on the job site.

ARTICLE XIII APPRENTICE WAGES

AND WORKING CONDITIONS Section 1. No Employer shaH have the privilege of having an apprentice until he/she has been a recognized

Contractor of masonry for one (1) year and has employed on the average of five (5) employees per year. The term of apprentices shaH be four (4) years. AH apprentices shall be governed by the Joint Apprentice Committee. Any questions that may arise must be taken before the Joint Apprentice Committee for a decision. The Union will open its membership for apprentices provided that the Employers Committee can show the need for additional masons and provided that the Employer will provide the employment needed for the apprentices as the Joint Apprentice Committee trains and produces the apprentices.

Apprentices shall not be employed excessively on concrete work, saws or other mechanical devices when the Contractor employing said apprentices has other mason work being performed.

The Employer cannot layoff a mason apprentice unless he/she has given the Joint Apprentice Committee or Local President and/or Field Representative two (2) days' notice. If Employer does not provide said notice, he/she is subject to fine or reprisal by the Joint Apprentice Committee. The apprentice cannot leave the employ of the Employer unless he/she has provided the Joint Apprentice Committee with the same two (2) days' notice.

The rates for apprentices under the Joint Apprentice Training Program shaH be:

TERM* WAGES FRINGE BENEFITS Working Hours of Percent of

Covered Employees Journeyperson's Rate

0-750 55% 0--500 Working Hours - Full benefits with the Pension contributions to be reimbursed to the Employer during the first 500 hours 501--750 Working Hours - Full benefits

751 - 1500 60% Full benefits 1501 - 2250 65% Full benefits 2251 - 3000 70% Full benefits 3001 - 3750 75% Full benefits 3751 - 4500 80% Full benefits 4501 - 5250 85% Full benefits 5251 - 6000 90% Full benefits

*The Joint Apprentice Training Committee will review the OJT requirements for the four-year (4) apprenticeship program.

Apprentices are to meet both criteria of time in the trade as well as on-the-job and classroom hours of instruction to determine the appropriate rate of pay. Time in the trade can be established through the "Apprenticeship Agreement". O.J.T. and classroom hours can be provided by the Local President and/or Field Representative, who will obtain the hours from the Fringe Benefit Office and Apprenticeship School.

Employers with five (5) or more continuously employed journeyworkers covered by this Agreement shall hire a minimum of one (1) apprentice. The Union will make a reasonable effort to honor an Employer's request for a specific apprentice who was previously in their employ.

Employers agree to make a reasonable effort to work apprentices in accordance to New York State Department of Labor (DOL) work process and Form AT 401 signed by the apprentice, JA TC sponsor and DOL.

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ARTICLE XIV JOB STEWARDS

Section 1. Stewards must be appointed on all jobs by the Local President and/or Field Representative of the Union, who shall notifY the Contractor or hislher representative of such appointment. The stewards shall be members of the Party of the Second Part and shall be retained as long as one (1) or more employees are working on any operations so long as he/she is qualified to perform such work. Stewards shall not be interfered with in the performance of their duties. It is understood that there shall be a steward for each branch of the trade and for each Contractor.

Section 2. In the event that an Employer wishes to discharge a steward, he/she shall notifY the Local President and/or Field Representative. If the Local President and/or Field Representative and the Contractor or his/her representative cannot agree on the discharge of the job steward, the question shall be referred to the Arbitration Committee as provided in Article XXIII hereof. Pending a hearing and decision, if the shop steward is found wrongfully discharged, no pay shall be lost by him/her.

Section 3. In case of a temporary delay in the progress of the work, if the original steward is available, he/she must be returned to the job when employees are rehired.

Section 4. Stewards must be notified oflayoffat 12 Noon on day oflayoff.

ARTICLE XV JOB VISITS

Section 1. Permission shall be granted by the Party of the First Part to the Steward, Local President and/or Field Representative, and in the absence of the Local President and/or Field Representative, a representative of the Union, Party of the Second Part, to visit all jobs for the purpose of looking after the interests of the organization.

Section 2. Before starting a job, there shall be a pre-job conference held between the Party of the First Part and Local president and/or Field Representative or Representative of the Party of the Second Part. All Contractors having work in this jurisdiction shall notifY the Local President and/or Field Representative or Representative of the Party ofthe Second Part twenty-four (24) hours prior to the start of any work.

ARTICLE XVI HIRING, LAYOFF, AND MOVEMENT OF EMPLOYEES

In the hiring and layoff of employees covered by this Agreement, the employer, when engaged in any construction work within the geographical area covered by this Agreement, shall, give preference to persons residing or normally employed in the geographical area covered by this Agreement. Upon availability, at no time shall there be less than 75% of the employees normally employed in the geographical area covered by this Agreement on anyone project.

ARTICLE XVII SUBCONTRACTING

Section 1. The signatory Employer subletting any portion of a job or work on a job site, must, as a condition preceding such subletting, direct the Subcontractor employing Bricklayers to meet with the representatives of the Union for the purpose of complying with the provisions of this Agreement for such work.

Section 2. The Employer agrees not to sublet, assign or transfer any masomy or other work within the jurisdiction of the BAC to be performed at the site of a construction project to any person, firm or corporation, except where the subcontractor subscribes and agrees in writing to be bound by the full terms of a Collective Bargaining Agreement with the BAC Local Union or subordinate body having jurisdiction over the type of work involved and complies with all of the terms and conditions of said agreement. The signatory Employer agrees that when subcontracting work covered by this Agreement, which is to be performed within the geographical area covered by this Agreement, and at the site of construction, alteration, painting or repair of a building, structure, road or other work, he/she will subcontract such work only to a signatory Employer or person who is a party to or signatory to this Agreement. However, the signatory Employer shall not require the Subcontractor to change

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jurisdictional assignments or historic practices of his/her trade or company in this geographical area. Equally, this Section 2, shall not apply where the Subcontractor(s) is or are assigned to the signatory Employer, and in those instances where the signatory Employer has no control over the selection of the Subcontractor(s), or where the signatory Employer has no privity of contract with the Subcontractor(s), or where the company's employees are represented by another Union who is affiliated with the AFL-CIO or Teamsters Local No. 294 in this geographical jurisdiction. It being understood and agreed that it is the responsibility of the Union party to this agreement to obtain the signature of the Subcontractor(s) to the applicable collective bargaining agreement or to otherwise organize the employees of the Subcontractor(s).

Section 3. If it is found that such Subcontractor is not complying with paragraph 2 above, in providing the wages, hours, fringe benefits and working conditions of this Agreement, the Union shall give the signatory Employer forty (40) hours' notice in writing that the Subcontractor is in non-compliance.

Section 4. Upon such notification, the signatory Employer shall be responsible for payment to such Subcontractor's employees for wages, fringe benefits, and for providing conditions of this Agreement. It being understood and agreed that this is the sole remedy available, and that no punitive damages shall be demanded.

Section 5. Responsibility of the signatory Employer for loss of wages, fringe benefits, and for providing conditions shall be limited to the amount of monies due to such Subcontractor by the signatory Employer as ofthe date of the written notice.

a. The Unions, the Associations, and the signatory Employer agree that this subcontracting clause can only be enforced by the Union through the grievance and arbitration provisions of this contract and, if necessary, appropriate court action to enforce a grievance or arbitration award. It is specifically agreed by the Union that it will not take any economic action to enforce said clause or any grievance awards, arbitration awards, or court orders or judgments, pertaining to this subcontracting clause or violations of it by the signatory Employer.

Section 6. PROCEDURE FOR APPLYING FOR A WAIVER OF SUBCONTRACTING I. It is understood that there may be instances when suitable and competitive union subcontractors may

not be available to bid certain subcontracts. In such instances, the Employer and/or the appropriate Association will notify the Union of a Subcontract, it is understood and agreed that the Employer will be relieved of the subcontracting clause for such subcontracts, provided that the following procedures are adhered to:

II. Non-Discrimination. It is recognized that there are specific subcontract requirements for D/M/WBE participation in contracts and certain exceptions to the Subcontracting Article (Article XVII) may be required for the Employer to comply with these requirements. Every effOlt will be made by the Employer to arrange a pre-job meeting with these subcontractors and the Union. It is understood that in no way shall the enforcement of this clause allow other trades to perform the work of this Union.

III. The procedures shall be as follows: (1) The Employer will notify the Union of the name, address, phone number and principal or contact

person of the non-signatory subcontractors selected. (2) The Employer agrees to insert language as follows into each subcontract:

(A) Subcontractor must carry Workers' Compensation Insurance and N.Y.S. Disability Insurance through an insurance carrier approved and listed with the State Compensation Board, in addition to N.Y.S. unemployment Insurance. Proof of such coverage must be provided before the award.

(B) Subcontractor will comply with state and federal laws and regulations regarding withholding taxes and classification of employees and/or independent contractors. Failure to comply with either (2A) or (2B) could result in termination of subcontract in accordance with the termination clause of the contract.

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IV. Any disputes relative to this understanding will be resolved by a meeting and/or discussion between a representative of the Employer and the Union, and if available, someone from the appropriate Association. If the dispute is not resolved by the above, then any dispute relative to this understanding will be resolved by a four (4) person committee that consists of an Association representative, a representative from the Employer or his designee, who shall be chairman of the committee, and two representatives of BAC local Union No.2. The chairman shall convene the committee within seventy-two (72) hours. Any decision of the panel shall be by majority vote and shall be final and binding on the parties signatory to this Agreement, for that respective project. All involved parties shall receive a copy of any decision rendered by the panel.

V. This section, Procedures for Applying for a Waiver of Subcontracting, will be in force and effect for the duration of this Agreement, unless after one (1) year, the Union submits a written demonstration, with evidence to the Associations, that flexibility in subcontracting has caused harm or has been abused. When the Association receives the written demonstration, the union shall terminate this waiver, in which case the Employers signatory to this Agreement may then give written notice within a ninety (90) day period to immediately terminate and withdraw from this Agreement. All projects bid prior to June 1,2002 will proceed to conclusion as bid.

VI. The Associations agree to waive the Automatic Diminution Clause in Article IV. The Union agrees to notifY the appropriate Association in writing of the details and purpose of each special consideration, i.e., name of Employer, duration of agreement, terms and conditions, etc. This waiver will be in force and effect for the duration of the Agreement, unless after one (1) year, the Association(s) submits a written demonstration, with evidence to the Union that the waiver has caused a harm to the signatory Employers and/or the Association(s). When the Union receives the written demonstration, the signatory Employers and the Associations shall terminate this waiver. All projects bid prior to May 1,2015 will proceed to conclusion as bid.

The Union will furnish the Associations with a list of all signatory Employers as of the date of this Agreement and all additional Employers organized within one (1) month of their organization. The Union will furnish the Associations with a copy of all project labor agreements, owner understandings specific to the jurisdiction of this Agreement, International agreements, etc. within one (1) month.

VII. This section, Procedures for Applying for a Waiver of Subcontracting, shall only be available to signatory employers when performing a prime or general contractor contract of letting a primary subcontract. Such general or prime contracts shall be defined as those contracts between the Contractor/Employer and the project Owner.

(A) If it is determined by the Joint board of Arbitration, in accordance to this clause, that a contractor is regularly utilizing this waiver, then the contractor will not receive or be eligible for economical assistance from the Union for the duration of this Agreement.

(B) If the waiver is used due to Section II, non-discrimination of this Article, then Item "A." above will not take effect.

ARTICLE XVIII BAN ON PIECE WORK AND

LUMPING WORK No employee shall do any piece work, lump work, or take any contract for labor from any Employer or owner

except where such employee furnishes the material he/she uses. This employee must be identified as a Contractor in the event he/she is following contracting for a livelihood

subject under the Agreement to all the terms as provided herein.

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ARTICLE XIX FRINGE BENEFIT FUNDS-HEALTH, PENSION, VACATION, EDUCATION & TRAINING,

INTERNATIONAL PENSION, PROMOTIONAL, INTERNATIONAL MASONRY INSTITUTE, ANNUITY, INDUSTRY & INTERNATIONAL COUNCIL OF EMPLOYERS

Section 1. Health Fund: The Employers shall contribute as per schedule contained in Article IX, in Section I, per hour for each hour worked to employees covered by this agreement into the Bricklayers and Allied Craftworkers Local No.2 Health Benefit Fund. Such Employer contributions are included in the Masons Fringe Benefit Report Form. The said Health Fund shall be administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the Employers and the Union, which Agreement and Declaration of Trust shall conform to all requirements of the law. A copy of the said Agreement and Declaration of Trust, together with any amendments thereto, shall be considered as part of this Agreement as though set forth here at length.

Section I b. If employees, former employees or their dependents of a delinquent Employer lost eligibility for health benefits as a result of the Employer's failure to file reports and remit contributions to the Health Benefit Fund, the delinquent Employer shall be liable for all health and health related bills and claims of those employees, former employees or their dependents accruing on and after the date contributions were last remitted to the Health Benefit Fund. The delinquent Employer shall also be liable for all interest, attorneys, fees and cost and collection fees incurred by the employees, former employees or their dependents as a result of their loss of eligibility under the Health Benefit Fund.

Section 2. Pension Fund: The Employers agree to continue to pay as per schedule contained in Article IX, Section 1, per hour for each hour for which the employee is worked for all employees covered by this Agreement to the Bricklayers and Allied Craftworkers Local No.2 Pension Fund. The contributions of the Employers shall be used, exclusively, to provide pension benefits to eligible employees in such form and amount as the Trustees of the Pension Fund may determine. The said Pension Fund shall be administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the Employers and the Union, which Agreement and Declaration of Trust shall conform to all requirements of the law. A copy of said Agreement and Declaration of Trust, together with any amendments thereto, shall be considered as a part of this Agreement as though set forth here at length.

Section 3. Vacation Fund: The Employer shall continue to withhold the amount specified in Article IX, Section 1, * per hour, for each hour worked employees in the geographical jurisdiction of the Union. The Fringe Benefit Report Form will be used as the system of withholding. The Vacation Fund will be established and maintained in accordance with applicable law.

(*This amount is to be deducted from wages after the appropriate taxes have been computed.)

Section 4. Bricklayers and Allied Craftworkers Local No. 2 Education and Training Fund: The Employer shall contribute to a fund to be known as Bricklayers and Allied Craftworkers Local No.2 Training and Education Fund (herein, "Fund') contributions equal to the amount specified in Article IX, Section 1, per hour, for each hour worked by an employee under this Agreement in the Union's geographical jurisdiction. For this Article's purpose, an employee shall be deemed to have "worked under this Agreement" only if he/she actually worked under it. The Bricklayers and Allied Craftworkers Local No.2 Joint Education and Training Fund is included in the Fringe Benefit Report Form.

The Fund will be established and maintained in accordance with applicable law as a jointly administered trust fund under Labor Management Relations Act, 1947, as amended, Section 302, as it may be amended, to provide education, training, and skill development for eligible employees, as the Fund's Trustees shall determine in a plan to be developed by them within the Fund's capacity. The Bricklayers and Allied Craftworkers Local No.2 Joint Education and Training Fund shall be administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the Employers and the Union, which Agreement and Declaration of Trust shall conform to all requirements of the law. A copy of the said Agreement and Declaration of Trust, together with any amendments thereto, shall be considered as a part of this Agreement as though set forth here at length.

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Eastern Contractors Association, Inc., Construction Employers Association of Central New York, Inc. and the Union will cooperate fully in (a) constituting and establishing the Fund and obtaining any necessaty government approval for its income tax exemption and its operation; and (b) maintaining the Fund so it complies with all applicable law and so Employer's contributions to it will be deductible by Employer and not current income to any employee under any applicable federal, state or local tax law.

The Fund will bear all costs of its operations.

Section 5. International Pension Fund: The Employer agrees to pay the amount shown in Article IX, Section 1, for each hour worked, for which the employee is paid for all employees covered by this Agreement. The International Pension Fund is included in the Fringe Benefit Report Form. A copy of the said Agreement and Declaration of Trust, together with any amendments thereto, shall be considered as part of this Agreement as though set forth here at length.

Section 6. Bricklayers and Allied Craftworkers Local No. 2 Promotional Fund: The Employer and Union further agree to continue to participate in the organization and formation of a Local Bureau for Bricklaying, Masonry and Plastering, hereinafter referred to as the Promotion Fund, whose main purpose is the advertising and promotion of the increased and wider use of the products of the aforementioned trades with the aim of preserving and advancing these products.

The amount specified in Article IX, Section 1, as detennined by Eastern Contractors Association, Inc. and Construction Employers Association of Central New York, Inc. for each hour worked, shall be contributed to the Masonry Promotion Fund. These monies are included in the Training and Education portion of the Fringe Benefit Report Form

Section 7. International Masonry Institute: The amount specified in Article IX, Section 1, as determined by the Union, for each hour worked, shall be contributed to the International Masonry Institute. Said monies shall be distributed according to Article IX, Section 1, Schedule A. These monies are included in the Training and Education portion of the Fringe Benefit Report Form.

Section 8. Annuity Fund: The employers agree to continue to pay as per schedule contained in Article IX, Section 1, per hour for each hour for which the employee is worked for all employees covered by this Agreement to the Bricklayers and Allied Craftworkers Local No.2 Annuity Fund. The contributions of the employer shall be used, exclusively, to provide annuity benefits to eligible employees in such form and amount as the Trustees of the Annuity Fund may determine. The said Annuity Fund shall be administered pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of representatives of the Employers and the union, which agreement and Declaration of Trust shall conform to all requirements of the law. A copy of said Agreement and Declaration of Trust, together with any amendments thereto, shall be considered as part of this Agreement as though set forth here at length.

Section 9. Industry Fund: WHEREAS: Recognizing the need for providing a means, whereby Employers can facilitate and supplement the financing of its activities, which include but are not limited to, public relations, public education as applied to the construction industry, Employer expenses incurred in the promotion and stability of relations between labor and management, maintaining facilities and pay cost for arbitration and adjustments of grievances between the Employer and the Union, and also other Employer activity engaged in from time to time, such as promotion of legitimate markets, standardization of contracts and research. It is mutually agreed by both parties to this Agreement that at no time shall any of these funds be used to support any anti-labor legislation, maintain a lawsuit against any local union of its international body or pay any salaries or expenses to any employee or Employer who is promoting non-union conditions or subsidize any contractor during a strike or lockout.

Employers working in the counties of Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington shall continue to pay to the Industry Fund of Eastern Contractors Association, Inc., 6 Airline Drive, Albany, New York 12205, a sum to be in an amount equal to one percent (1 %) of the basic hourly rate per hour worked, per employee covered by the terms of this Agreement. Said sum to be paid to said Fund to be used for the above mentioned purposes.

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Employers working in the counties of Cayuga, Jefferson, Onondaga, Oswego and St. Lawrence shall continue to pay to the Administration and Safety Program of the Construction Employers Assoc. of C.N.Y., Inc., 6563 Ridings Road, Syracuse, New York 13206, the appropriate amount as specified in Article IV of this Agreement that covers wages and fringes, for which wages are payable during said calendar month to any employee covered by this Agreement.

Employers working in the counties of Herkimer, Lewis (except the townships of Diana, Croghan, Denmark, Pinckney, Harrisburg, Lowville, New Breman, Watson, Martinsburg, Montague, Highmarket and Grieg), Madison and Oneida shall pay the appropriate amount of Industry Funds as specified in Article IV of this Agreement that covers wages and fringes for which wages are payable during said calendar month to any employee covered by this Agreement. These monies shall be divided evenly between the Industry Fund of Eastern Contractors Association, Inc., 6 Airline Drive, Albany, New York 12205 and the Administration and Safety Program of the Construction Employers Assoc. of C.N.Y., Inc., 6563 Ridings Road, Syracuse, New York 13206.

In the event that there should ever be any termination of payment required under this Article, the assets of such Funds hereby established shall not be distributed among any Employers or to any Union, but shall be held by the Board of Directors or their successors who shall continue to administer and expend such Fund assets for the purposes set forth herein and subject to such other conditions and limitations as are also herein provided.

Section 10. International Council of Employers of Bricklayers and Allied Craftworkers. For Employers performing work in the Albany, Glens Falls and Plattsburgh areas ONLY:

The employers agree to pay as per schedule contained in Article IX, Section 1, per hour for each hour for which the employee is worked for all employees covered by this Agreement to support the International Council of Employers of Bricklayers and Allied Craftworkers (ICE).

ICE is an association of union contractors that works in conjunction with the International Union of Bricklayers and Allied Craftworkers to manage joint industry promotion, training, research and health, welfare, pension and savings funds.

The ICE contributions will be included in the Bricklayers and Allied Craftworkers' Local No.2, NY Fringe Benefit Report forms and remitted in conjunction with these fringe benefits to the Bricklayers Local 2, NY Fringe Benefit Fund offices in Albany, New York. Monthly report forms are necessary.

Section II. Fringe Benefit Payment: a. Each Employer shall make the payments as called for in Sections 1 through 10 above for each actual

hour worked, through fringe benefit report as the method of collection. Fringe Benefit Report Forms may be obtained from the Bricklayers and Allied Craftworkers Local No.2 Albany, NY, Fund Office, 300 Centre Drive, Albany, NY 12203.

b. Each Employer signatory to this Agreement shall, during the term of this Agreement, on or before the 15th day following the end of the month, pay to the Bricklayers and Allied Craftworkers Local No.2, Albany, NY, Fund Office, the total sum of Employer contributions and payroll deductions as defined in this Agreement. The Monthly Report Form should be accompanied by a check or money order for the amount of the total fringe benefits owed for that month.

c. Effective June 1, 1997, after payment is submitted to the Fund Office, a Fringe Benefit Receipt Coupon will be issued to the employee by the Fund Office.

d. Apprentices shall receive an amount of Fringe Benefit Receipt Coupon equal to the amount of hours worked. Once Fringe Benefit Receipt Coupon is mailed by the Fund Office, they become the employee's responsibility.

Cash payment to an employee in lieu of fringe benefit receipt coupon does not fulfill an Employer's obligation to the funds.

Employer failure to make the timely payment by the 15th of the month will be delinquent and subject to Article XXIII.

Section 12. For noilpayment of Fringe Benefits, see the Bricklayers and Allied Craftworkers Local #2 Trust Fund Collections Policy, printed for reference purposes in Appendix 2.

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Section 13. The payroll books and payroll records of each Employer shall be made available at all reasonable times for inspection and audit by the accountants for any fund established for Health, Pension or other benefits.

Section 14. Any Employer whose account with the Welfare, Pension or other benefit fund is found, upon regular or special audit ordered by the Trustees of such fund to be substantially delinquent, shall be required to pay the full cost of such audits and any other legal expenses incurred interest and liquidated damages.

Section 15. Limited Exemption for Corporate Officers & Shareholders.

ARTICLE XX EMPLOYEE ASSESSMENT DEDUCTION

Section 1. Employers bound by this Agreement agree to deduct from the wages of employees covered by this Agreement who have submitted a signed Employee Assessment Deduction Authorization as hereinafter set forth, for Employee Assessment (not including initiation fees, fines or special assessments) the sum equal to the amount shown in Article IX, Section 1 * per hour worked, to said employee while said Employee Assessment Deduction Authorization is in effect and has not been duly revoked.

The above monies will be included in the Fringe Benefit Report Form. Monthly Report Forms, furnished by the Union, are to be filled out by the Employer and submitted to the Bricklayers and Allied Craftworkers Local No.2 Funds Office.

(*This amount is to be deducted from wages after the appropriate taxes have been computed.)

Section 2. The Local Union will provide the Employee Assessment Deduction Authorization forms which shall state:

COMBINED WORKING DUES AND BACPAC CHECK-OFF AUTHORIZATION I hereby authorize any of the various Individual Employers who are signatory to collective bargaining

agreement with any Bricklayers & Allied Craftworkers Local Union, District Council, the International Union, or any other BAC affiliate, and by whom I may be employed during the term of such agreement, or any renewal or extension, or any subsequent agreement, to deduct from my wages and transmit monthly to said Union, to the International Union, or to any other BAC affiliate, subject to check-off through procedures conforming to applicable law. This authorization shall be irrevocable for a period of one (1) year following the date it was signed or until the current applicable collective bargaining agreement expires, whichever occurs sooner. This authorization shall be automatically renewed form year to year, unless sixty (60) days prior to the termination or the annual renewal date I revoke the authorization by written notice to the Union and to the Individual Employer by whom I am employed.

I also hereby authorize the Employer (as described above) to deduct from my wages the sum of six cents ($.06) - Ogdensburg eight cents ($.08) - All Other Areas

for each hour paid and to transmit that amount in the manner prescribed by the Union to the Bricklayers & Allied Craftworkers Political Action Committee (BACPAC). This authorization is signed freely and voluntarily and not out of fear of reprisal, and on the understanding that BACPAC is engaged in a joint fund raising effort with the Committee on Political Education of the American Federation of Labor & Congress of Industrial Organizations, the BACPAC will use the money contributed to that effort to make political contributions and expenditures in connection with federal, state and local elections, and that this voluntary authorization may be revoked at any time by written notice to the Employer and BACPAC of a desire to do so.

* To authorize the deduction of both working dues and BACPAC contribution, please sign and date this form.

* To limit authorization to the deduction of either the working dues or BACPAC contribution, please check the appropriate box, sign and date this form.

Date _______________ , 20 ___ _

Signature

Social Security No. _______________ _

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Contributions or gifts to the Bricklayers and Allied Craftworkers and/or its political action committee (BACPAC) are not tax deductible as charitable contributions for federal income tax purposes. However, they may be tax deductible under other provisions of the Internal Revenue Code.

Section 3. Benefit and Defense Fund Authorization. The Local will provide Benefit and Defense Fund Authorizations which will state.

BENEFIT AND DEFENSE FUND AUTHORIZATION This is to authorize any of the individual Employers who are covered by a collective bargaining agreement

with the BAC Local No.2, Albany, NY, to deduct from my pay the sum often cents ($.10) for each hour worked and to transmit that amount to the BAC Local No.2, Albany, NY Benefit and Defense Fund. This authorization is signed freely and voluntarily and without fear of reprisal, and with the understanding that the Defense and Benefit Fund will be used solely for the purpose of the Fund. The above deduction shall be remitted to the BAC Local No.2, Albany, NY Work Assessment Fund at the same time and in the same manner as the Pension and Health Fund Contributions. This authorization shall be automatically renewed from year to year, unless sixty (60) days prior to the renewal date I revoke this authorization by written notice to the Union and to the individual Employer by whom I am employed.

Date __________________________________________ _

Social Security No. ____________________ _

Signature ____________________________ __

Copies of this Authorization card will be made available upon request.

Section 4. The Union will secure the employee's signature to said form and deliver same, duly witnessed, to the Associations. The Union shall be fully responsible for the validity of the authorization and agrees to reimburse the Employers for any deduction for Employee Assessment made and paid over to the Union which may later be held to have not been authorized by the employee or which may constitute illegal deductions; and the Union agrees to indemnify and hold harmless the Associations and the Employer against any loss or claims for damages resulting from the deduction aforesaid and against any award, judgment, loss or expense arising out of any claim made against the Association(s) and/or the Employer because of such deduction. No deduction shall be made for Employee Assessment for any such employee unless the employee or Union has deposited with the Association(s) his copy of an executed Employee Assessment Deduction Authorization form. Neither the Associations, nor the Employer, assumes any obligation with respect to the obtaining of Employee Assessment Deduction Authorization cards, it being understood that this is a duty and obligation of the Union.

Section 5. With respect to any such employee for whom an Employee Assessment Authorization card has not been furnished, the gross basic wage rate appearing herein before shall be paid to the employee with no deduction. Employee assessment shall be first deducted in the first full payroll period following the furnishing of authorization cards. It is understood and agreed that the Associations shall not be responsible, legally or otherwise, for any delinquents, defaults, or violations of this Article on the part of its members.

ARTICLE XXI BONDING

Section 1. Employers without established credit shall post a bond often thousand dollars ($10, 000). Each surety bond required shall be issued for the entire Agreement period.

Section 2. Employers covered under this Agreement found delinquent in fringe benefit payments or having been found delinquent previously, shall be required to deposit a ten thousand dollar bond ($10,000) with the Union to guarantee the payment of all wages and fringe benefits as provided by the terms of this Agreement, after review and decision made by Joint Arbitration Board.

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ARTICLE XXII MUTUAL ASSISTANCE

The removal of journeypersons, masons and apprentices from a job in order to render assistance to other local unions to protect lawful union principles shall not constitute a violation of this Agreement, provided such removal is first approved by the Executive Committee of the local Union affected, and provided forty-eight (48) hours' notice thereof is first given the Employer involved.

ARTICLE XXIII ARBITRATION

In the event of any dispute, disagreement, or grievance, said dispute, disagreement or grievance shall be adjusted as follows:

A. Between the Local President and/or Field Representative or authorized representative of the Union and the Employer or his authorized representative.

B. If the dispute is not settled as provided for above, it is agreed that a Joint Board of Arbitration composed of equal numbers, one-half (112) of whom shall be appointed by the appropriate Association, and one-half (l/2) of whom shall be appointed by the Union, shall be established within forty-eight (48) hours and a decision rendered within two (2) days. The Joint Board of Arbitration shall be comprised of members from the Joint Negotiating Committee. The decisions of the Joint Board of Arbitration shall be final and binding upon the parties to the grievance. All grievances shall be: made in writing; include a statement of alleged violations and specific provisions of the contract allegedly violated; detail all efforts to resolve the dispute; and be served upon the Employer or Union with a copy to the Association.

C. In the event the Board fails to arrive at a solution, one additional member shall be chosen by the members of the above Board within two (2) days and the dispute shall be decided by this additional member whose decision shall be final and binding. This additional member shall be selected from lists supplied by the New York State Employment Relations Board. It is agreed that there shall be no stoppage of work while these proceedings are in progress. The refusal of the Employer to proceed under this Article shall not abridge the right of the Union to strike. Any arbitrator costs incurred in C above shall be paid by the appropriate Industry Fund of Eastern Contractors Association, Inc. or Construction Employers Association of Central New York, Inc.

D. Delinquencies. In the event the Employer is delinquent in its payment of contributions due to the Local 2 BAC Benefit Funds for a period of seven (7) days the Union shall have the rights, (upon two (2) days notice to the prime Contractor and the Employer and the Associations to: (A) terminate this Agreement and/or (B) withdraw the services of its members from the Employer, and/or (C) strike or engage in a boycott with respect to such delinquent Employer.

If any economic action is taken by the Union, the Employers employees shall be paid wages and fringe benefits for all time lost from work due to their strike or withdrawal of services.

ARTICLE XXIV SAVINGS CLAUSE

Section 1. If any provision of this Agreement shall violate any applicable statute, or is held invalid by any court or government agency having jurisdiction, such invalidity shall not affect the validity of the remainder of this Agreement, and such provisions or Article shall be void.

Section 2. Any provisions in this Agreement which are in contravention of any Federal or State laws affecting all or part of the terms of this Agreement shall be suspended in operation within the limits required by said laws. Such suspension shall not affect the operation of any such provisions or parts thereof to which the laws are not applicable. In the event any section, or portion thereof shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) days to negotiate a new section, or portion thereof, which shall be valid and which shall replace that section, or portion thereof, declared invalid.

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ARTICLE XXV WORK JURISDICTION AND DESCRIPTION OF WORK

Section 1. This Agreement shall cover all work performed by bricklayers, masons, plasterers, pec and marble setters on buildings and work incidental thereto, coming within the recognized jurisdiction of the Bricklayers and Allied Craftworkers of America, and this trade autonomy shall not be violated.

Section 2. General Masonry. A. Brick Masonry - Bricklaying masonry shall consist of the laying of bricks and Paving bricks, made

from any material in, under or upon any structure or form of work where bricks are used, whether in the ground or over its surface or beneath water; Firestopping, in commercial buildings, rolling mills, iron works, blast or smelter furnaces, lime or brick kilns; in mines or fortifications, and in all underground work, such as sewers, telegraph, electric and telephone conduits. It shall include all cutting of masonry joints, pointing, washing, cleaning, and cutting of masonry walls, fireproofing, block arching, terra cotta cutting and setting; the laying and cutting of all tile plaster, mineral wool, cork blocks and glass masonry, or any substitute for the above material; the laying of all pipe sewers or water mains and the filling of all joints on the same when such sewers or conduits are of any vitreous material, burnt clay or cement, or any substitute material used for the above purpose; the cutting rubbing and grinding of all kinds of bricks and the setting of all cut stone trimmings on brick buildings; and the preparation and erection of plastic, castables or any refractory materials.

B. Stone Masonry - Stone masonry shall consist of laying all rip rap, rubble work (with or without mortar), setting all cut stone, marble, slate, or stone work (meaning as to "stone" any work manufactured from such foreign or domestic products as are specified and used in the interior or on the exterior of buildings by architects, and customarily called "stone" in the trade); cutting all shoddies, broken ashlar or random ashlar that is roughly dressed upon the beds and joints, and range ashlar not over ten inches in height; the dressing of all jambs, corners and ringstones that are roughly dressed upon the beds, joints or reveals, and the cutting of a draft upon same for plumbing purposes only; and the cleaning, washing, and cutting of joints and pointing of stone work. This is to apply to all work on buildings, sewers, bridges, railroads, bulkheads, breakwaters, jetties, playgrounds, parks, landscaping, and curbing or other public works, and to all kinds of stone, particularly to the product of the locality where the work is being done.

C. Artificial Masonry - Artificial masonry shall consist of the cutting, setting and pointing of cement blocks and all artificial stone or marble, either interior or exterior, when set by the usual custom of the stonemason and marble setter; all cement that is used for backing up external walls, the building of party walls, columns, girders, beams, floors, stairs and arches, and all material substituted for the clay or natural stone products; stuck on unit brick or stone or block; the cutting, setting and pointing of all concrete prefabricated slabs, regardless of dimension size.

D. Miscellaneous Masonry. The cutting of all brick and stone masonry and the cutting of all chases and openings of masonry of whatever dimension shall be done by masons. When arches are to be set on jobs, bricklayers are to cut same. In the event this work is sent to a stone mill, a mason from the job must accompany this work and perform this work. Cast arches are to be set by masons. When there are over eight (8) hours of cutting, Contractors shall furnish all chisels and keep them sharpened. All masonry, brick, stone or otherwise to be cleaned, washed, or restored to its natural appearance shall be the work of the bricklayers. All leading joints in masonry shall be the work of the masons.

E. AACMU (Autoclaved Aerated Concrete Masonry Units). The Bricklayers shall perform the installation and related finish work of all AACMU. These operations include, but are not limited to; the cutting, fitting and the applications of mortar and/or other cementious materials used for the setting and bonding purposed as well as the actual laying of the AACMU block units into position. The routing, drilling; cutting and patching. This also includes all work operations related to the installation and applications of all coatings, covering and veneer systems (both exterior and interior) on all AACMU units. These work operations include, but are not limited to: preparation of walls, the mixing and applications of any and all finish coating materials by any method (Le. trowel on, machine on, spray on, etc.) or any other device deemed necessary to produce the desired finish surface.

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Section 3. Concrete Masonry. Concrete masonry shall consist of screeding and finishing of all cement, concrete, brown stone composition,

mastic and gypsum materials; also for fireproofing, waterproofing, cement and composition base and vault lights; the straight edging, floating, Bull floating (lutting), troweling, rubbing, edging, brushing, chipping, patching, (including bonding agent), guniting pursuant to Green Book decision, handheld power tools (grinders, saws and chippers), pointing of concrete, bush hammering, grouting, operation of screed machine, and packing in the installation of steel plates. Where rods or wire require cutting or snapping inside or outside above or below grade in preparation for patching or finishing, it shall be done by masons. Sand blasting of concrete masonry surfaces where the work is in connection with achieving an exposed aggregate surface or in the repairing of same, waterproofing with cement and sand coats, with or without damp or waterproofing additives where the material is clear, white or gray, this includes epoxies. The cutting and sawing of all cement and concrete for patching and finishing, also the operation of all cement cutting, finishing and troweling machines. All troweling machines must have a safety device whereby when handles are released by operator the blades will not revolve.

All concrete pours that must meet a specified elevation shall be covered by a mason. All screeding of concrete shall employ two (2) masons or more as required. When shifts of cement masons are employed, each shift will perform the finish required.

A concrete wall or footing which is later to receive stone, brick, block, or masonry units construction shall be finished by a mason.

All concrete pours that must meet a specified elevation and receive a finish shall be covered by a mason. All screeding of concrete is the work of a mason. On screeds eight (8) feet or over, there shall be two (2)

men. The spraying (curing) of all concrete shall be the work of the masons. The operation of power screeds and laser screeds shall be the work of the mason.

Section 4. Plastering. Plastering shall consist of all exterior or interior plastering, plain or ornamental, when done with stucco,

cement and lime mortars or patent materials, artificial marble work when applied in plastic form, composition work in all its branches, the covering of all walls, ceilings, soffits, piers, columns or any part of a construction of any sort when covered with any plastic material in the usual method of plastering; the casting and stocking of all ornaments of plaster or plastic compositions; the cutting and filling of cracks. All cornices, molding, cove and bull noses shall be run in place on rods and white mortar screeds and with a regular mold and all substitutes of any kind, when applied in plastic form with a trowel or substitute for same. All phases of 'EIFS' to cover Sto or Drivit.

Employers must supply all rods, screeds, darbys, and other facilities to complete the work properly. All gauging for hard finish must be done on the gauge board by plasterers.

It is recognized that two (2) employees are required to properly operate the plastering machine, one (1) employee on the hose and one (1) employee on the nozzle. In circumstances where one (1) employee is all that is required, it shall be allowed. In the event of a dispute, it shall be decided by the Joint Arbitration Committee.

The Contractors recognize the long established area practice of working a composite crew of equal numbers of mechanics of the trade and carpenters on all acoustical tile jobs when applied with adhesives.

When slate blackboards are being installed, the work shall be done by members of the Bricklayers and Allied Craftworkers. Plasterers shall be allowed fifteen (15) minutes to clean up tools.

Section 5. Restoration, PCC, and Miscellaneous Masonry. Pointing, caulking, washing and cleaning of all types of masonry, caulking of all window frames encased in

masonry of brick, stone or cement structures, including all grinding and cutting out on such work and all sand blasting, steam cleaning and gunite work; the pointing, cleaning and weatherproofing of all buildings, grain elevators and chimneys built of stone, brick, or concrete. It shall include all grinding and cutting out, sand blasting and gunite work on same.

The caulking of windows, frames and openings, as well as the setting of all structural glass shall be done by masons.

The complete installation of air barrier systems, combined air barrier systems and vapor barrier systems, multi-component air barrier systems, vapor transfusable air barrier systems and other engineered barrier systems designed to conserve energy consumption and provide moisture protection on buildings and structures shall be the

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work of the members of the International Union of Bricklayers and Allied Craftworkers. However, neither the signatory Employer nor the sub-contractor shall be required to change jurisdictional assignments or historic practices of hislher trade or company in the jurisdiction covered by this agreement.

Section 6. The respective labor and management attorneys will write a Section 6 to "work jurisdiction and description of work" which will recognize the newly-formed Board working under the name "The Plan for the Settlement of Jurisdictional Disputes in the Construction Industry." This clause will state that both parties will abide by the decisions of said Board without any further recourse.

ARTICLE XXVI HOUSING AND REHABILITATION

Section 1. Work Covered By This Article. A. This Article shall apply to all rehabilitation work on residential structures. For the purpose of this

Article, "rehabilitation" shall be defined to include all work, including demolition, repair and alteration on any existing structure which is intended for residential use.

B. On new housing, this article shall be applicable only to site construction of all new work done by the Employer on one (1) family, two (2) family, row housing and garden type homes or apartments which are not more than four (4) stories above ground level and are used as dwellings.

C. Any work which is not specifically set forth in Paragraphs A and B above shall not be covered by this Housing and Rehabilitation Article, but instead, shall be covered by and performed pursuant to the standard collective bargaining agreement between the Employer Associations and Union or District Council.

Section 2. Hours of work. A. The regular work week of the employees shall be between 7:00 a.m. Monday through Friday, to 5:00

p.m., consisting of a five (5) day work week. The starting time schedule shall be declared at the beginning of the job. The regular working hours each day from Monday through Friday shall be eight (8) hours between the hours of 7:00 a.m. and 5:00 p.m. with one-half (112) hour off for lunch between the hours of 11 :00 a.m. and 1 :00 p.m. By mutual consent of Employer and Union, an employee may work on the Saturday following the Friday of the work week. No employee is obliged to work make-up time and is not subject to discharge for refusing same. All employees on a particular building crew shall have opportunity for make-up time. Make-up time applies to work lost due to inclement weather only. (Shall be at the straight hourly rate.)

B. Work earlier than 7:00 a.m. If an earlier starting time is desired, it shall be at the discretion of the Employer and the Union.

e. Any overtime work performed, outside of the regular work day or work week as specified in this Article, shall be performed by employees covered under this Article. First preference for overtime work shall be given to employees on the specific project.

Section 3. Overtime and Holidays: A. All work performed in excess of eight (8) hours per day between the hours of 7:00 a.m. and 5:00 p.m.,

Monday through Friday; all work performed before 7:00 a.m. and after 5:00 p.m., Monday through Friday; all work performed from 5:00 p.m. Friday to 7:00 a.m. Monday; and all work performed on New Year's Day, Independence Day, Memorial Day, Thanksgiving Day and Christmas Day shall be paid for at one and one-half (1 112) times the employee's straight time hourly rate of pay.

B. No work on Labor Day: No work shall be performed on Labor Day except to save life or property, and then shall be paid at the double time rate.

Section 4. Straight Time Hourly Wage Rate. A. The minimum straight hourly wage rate of all employees covered by this Article is contained in Article

IX, Schedule B. The wage rate shall be fifteen dollars ($15.00) until such time as the rate calculated from the present basic hourly rate equals or exceeds seventy-five percent (75%) of the basic hourly rate on 4/30/94 ($20.00). Wage rates are computed at seventy-five percent (75%) of the basic hourly rate as contained in Article IX, Schedule A. Refer to Article XIII for apprentice wage rates.

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ARTICLE XXVII MAINTENANCE

It is recognized by both parties that opportunities may exist for the performance of plant maintenance work by signatory Employers. If an Employer has such an opportunity the parties will immediately negotiate wages and working conditions seeking to make the Employees as competitive as possible in that section of the market.

ARTICLE XXVIII ASSOCIATION SECURITY

Section 1. The Union recognizes Eastern Contractors Association, Inc. and Construction Employers Association of Central New York, Inc., as the exclusive bargaining representatives of their members.

Section 2. The Associations represent that they are duly authorized by their designating members hiring Bricklayers to enter into this collective bargaining Agreement, that in so doing they are authorized to bind such designating members to the terms and condition of membership in said Associations, that such designating members shall continue to be bound by terms or, shall upon admission to the said Associations, after the date of execution of this Agreement, agree to be bound from that date forward by all terms and conditions of this Agreement.

Section 3. There shall be one (1) bargaining unit for all Employers bound by this Agreement for the geographical and trade jurisdictions covered herein including any individual Employers who are not designating members of Eastern Contractors Association, Inc. or Construction Employers Association of Central New York, Inc. but who sign this Agreement or agree to be bound to it.

The management party hereto shall be considered the bargaining unit.

Section 4. No modification, variation, or waiver of any terms or provision herein shall be valid unless agreed upon in writing by both the Associations and the Union. The affected Association shall be a party to any and all local negotiations regarding Project Labor Agreements when the Union is involved provided the Owner agrees. The Union will supply the Associations with a copy of any project labor agreement, it negotiates to which the Associations are not a party.

ARTICLE XXIX "B" LOCAL

Section 1. This article will be removed from the Agreement at the time of organization of residential contractors. ECA will be the Management party in any successor residential or "B" Local agreement.

Section 2. There will be established a "B" local and all BAC types will be accepted to be organized into the BAC locals. These personnel will be paid a lower rate for a period of three (3) years and the work that they perform would apply to residential, residential! rehabilitation, small commercial and small commercial rehabilitation. The small commercial and small commercial rehabilitation, if negotiated, would be for all trades. If the contractor has all "B" men busy, he/she may use an "A" man on a "B" job, but at the "B" rate. The "B" rate would be seventy-five percent (75%) ofthe basic rate. The eight (8) hour day is included in the "B" rate schedule.

ARTICLE XXX DRUG TESTING

Section 1. The Union and the Employer agree that they will cooperate in establishing drug and alcohol free work sites and in the establishment of a substance abuse testing program. A written program will become a part of the collective bargaining agreement as established by Workplace Safety of Upstate New York, Inc. (WSUNY), a corporation established by labor and management for the purpose of creating and maintaining a uniform drug abuse policy and procedures; WSUNY shall in addition, designate and contract on a collective basis for all related services necessary to execute the drug abuse policy and procedures, including Third Party Administrator (T.P.A.) and Medical Review Officer (M.R.O. ) The employer shall pay the cost of each test and M.R.O. service as established by WSUNY.

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Section 2. A. The Bricklayers and Allied Craftworkers Local No. 2 has a Member Assistance Program (MAP) for

members (1-800-327-1984). B. This Agreement does not mandate drug testing, except as specified above. C. The parties are committed to the maintenance of an alcohol and drug free work place under provisions

of this Agreement. All employees shall comply with the requirements of all employer safety/substance abuse policies, Owner substance abuse policies, project safety/substance abuse policies, and all Federal, State, and local alcohol and drug testing.

D. The policies referenced above will be available upon request to the Union.

If testing is required on a project, then the Employer shall pay the cost oftest.

ARTICLE XXXI NON - DISCRIMINATION

The Parties mutually agree that they will comply and cooperate with all federal, state, and relevant local laws and regulations dealing with non-discrimination in employment and hiring.

ARTICLE XXXII WORKERS' COMPENSATION MCO AND PPO

The parties agree to allow Employers to utilize workers' compensation Managed Care Organizations (MCO) and Preferred Provider Organizations (PPO) approved by the New York State Department of Health and the New York State Workers' Compensation Board as authorized by Article lO-A of the New York State Workers' Compensation Law. The name of the Employers' provider of workers' compensation insurance and the name of the MCO and/or PPO must be submitted in writing to the Associations and the Union prior to the effective date of the insurance. In case of emergency, the parties agree MCO or PPO does not apply. After 30 days of care under the MCO or PPO, the employee may opt for his or her own doctor.

ARTICLE XXXIII PARTIES TO THE AGREEMENT

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals by their fully authorized representatives and agents.

Eastern Contractors Association, Inc. Todd G. Helfrich

President and CEO

Construction Employers Association of Central New York, Inc.

Earl R. Hall Executive Director

Bricklayers and Allied Craftworkers Local Union No.2, Albany, New York

Bob Mantello, President Pat Tirino, Secretary/Treasurer

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APPENDIXl ECA/BASIC TRADES WORKERS' COMPENSATION PROGRAM

The parties have adopted as apart of this Agreement the ECA/Basic Trades Workers' Compensation Program including the Workers' Compensation Alternative Disputes Resolution Addendum.

A copy of said Addendum, together with any amendments thereto, shall be considered as part of this Agreement as though set forth here at length.

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APPENDIX 2 BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL NO.2

RESTATED AND AMENDED COLLECTIONS POLICY (Effective date: January 1, 2012)

WHEREAS, the Board of Trustees of the Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund, the Board of Trustees of the Bricklayers and Allied Craftworkers Local 2, Albany, New York Health Benefit Fund, the Board of Trustees of the Bricklayers and Allied Craftworkers Local 2, Albany, New York Annuity Fund and the Board of Trustees of the Bricklayers and Allied Craftworkers Local 2, Albany, New York Training Fund (hereinafter referred to jointly as the "Trustees") have a duty under the applicable provisions of the Employee Retirement Income Security Act of 1974, as amended (hereinafter referred to as "ERISA") to make all reasonable efforts to collect all Employer contributions, including interest and liquidated damages thereon, owed to the Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York Health Benefit Fund, the Board of Trustees of the Bricklayers and Allied Craftworkers Local 2, Albany, New York Annuity Fund and the Board of Trustees of the Bricklayers and Allied Craftworkers Local 2, Albany, New York Training Fund (hereinafter jointly referred to as "Funds"); and

WHEREAS, pursuant to various collective bargaining agreements between certain employers or their representatives (hereinafter referred to as "Employers"), and Bricklayers and Allied Craftworkers Local 2, Albany, New York, AFL-CIO (hereinafter referred to as the "Union"), Employers are required to make prompt payments of the contributions owed to the Funds and are bound by the Agreements and Declarations of Trust of the Funds (hereinafter referred to as the "Trust Agreements"); and

WHEREAS, Article II, Section 2, of the Funds' Trust Agreements empowers the Trustees to demand, collect and receive Employer payments and all other money and property to which the Funds may be entitled, and to take such steps including the institution and prosecution of, or the intervention in any proceeding at law, or in equity, or in bankruptcy, as may be necessary or desirable, in their sole discretion, to effectuate the collection of such Employer contributions; and

WHEREAS, Article Ill, Section 10, and Article Ill, Section 14, of the Funds' Trust Agreements authorize the Trustees of the Funds to promulgate any and all such rules and regulations as they deem necessary to facilitate the administration of the Funds, including such rules, regulations and Collections Policy as are required to govern the process for the collection of Employer payments; and

WHEREAS, Section 515 of ERISA requires every Employer who is obligated to make contributions to the Funds under the terms of any collective bargaining agreement or under the terms of the Plan to make such contributions in accordance with the terms and conditions.ofthe Funds' Trust Agreements; and

WHEREAS, in keeping with the relevant provisions of the Trust Agreements, it is deemed desirable by the Trustees to formulate a written policy to be applied uniformly to the collection of Employer contributions, containing certain terms and conditions governing the payment of Employer contributions to the Funds;

NOW, THEREFORE, it is resolved that the Trustees hereby adopt a Collections Policy as follows:

Section 1. Payment of Contributions; Late Payments (a) All remittance reports and all contribution payments to the Funds must be received on or before the

fifteenth (15th) day of the month following the month during which the hours, for which contributions were required, are worked by the employees.

(b) If no report or payment has been received by the Funds on or before the deadline set forth in Section (a), the Funds will pursue whatever avenues they deem appropriate to collect the delinquencies, including, but not limited to, notifying such Employer that the contributions are late.

(c) If no payment has been received by the Funds on or before the forty-fifth (45th) day following the end of the month during which the hours, for which contributions are required, were worked by the employees [i.e., within thirty (30) days after the deadline set forth in Section (a)], the Employer's delinquent account may be referred to the Funds' Counsel. If no payment has been received by the Funds on or before the forty-fifth (45th) day following the end of the month during which the hours, for which the contributions are required, were worked, the Employer will be assessed, and will be obligated to pay, interest on the amount of delinquent contributions at the rate of twelve percent (12%) per annum, calculated from the thirtieth (30th) day after the deadline set forth in Section (a), plus any auditing fees and costs pursuant to Section 2 herein. In addition, the

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Employer may be assessed liquidated damages equal to twenty percent (20%) of the delinquent fringe benefit contributions.

(d) If no payment has been received by the Funds on or before the sixtieth (60th) day following the end of the month during which the hours, for which contributions are required, were worked by the employees [i.e., within forty-five (45) days after the deadline set forth in Section (a)], the Employer's delinquent account may be referred to the Funds' Counsel. If no payment has been received by the Funds on or before the sixtieth (6dh) day following the end of the month during which the hours, for which contributions are required, were worked, the Employer will be assessed, and will be obligated to pay, interest at the rate of twelve percent (12%) per annum, calculated from the forty- fifth (45th) day following the end ofthe month during which the hours were worked by the employees, plus any auditing fees and costs pursuant to Section 2 herein. In addition, the Employer may be assessed liquidated damages equal to twenty percent (20%) of the delinquent fringe benefit contributions.

(e) If Fund Counsel performs services, which may include, but are not limited to, the commencement of legal or agency proceedings against the Employer, to recover the amounts owed to the Funds pursuant to this section, the Employer is obligated to reimburse the Funds for all attorneys' fees and paralegals' fees, auditing fees, and all costs and disbursements incurred by the Funds in attempting to collect the Funds' monies.

(f) In the event the Funds do not commence a lawsuit or other proceedings to collect delinquent fringe benefit contributions, in the event a lawsuit or other proceedings is settled prior to a judgment or resolution being obtained by the Funds, or in the event the delinquent contributions are paid either prior to commencement of the lawsuit or proceedings or prior to judgment or other resolution, the Funds are still entitled to collect, and the delinquent Employer is still obligated to pay, the interest, liquidated damages, audit fees, attorneys' and paralegal fees, costs and disbursements set forth in this Policy.

(g) Except as may be otherwise required by law, the Trustees, in accordance with their fiduciary obligations to act in the sole interest of the Funds and the participants and beneficiaries, shall have the power and authority, in their sole discretion, to allocate and disburse payments remitted by an Employer and shall have the power and authority, in their sole discretion, to allocate and disburse payments to current obligations or past due obligations of the Employer. Such allocation and disbursement shall be binding upon the Employer; the Employer's request that the Funds allocate and disburse payments in a particular manner and/or a different manner than chosen by the Funds shall be of no force and effect

(h) In the event the Employer does not maintain or otherwise does not have in its possession records explaining, to the satisfaction of the Funds' Auditor, the payment of monies to an Employee, or the Employee's spouse, children, parents and/or siblings, the Funds are entitled to presume that the individual receiving the monies performed bargaining unit work and that the monies represent compensation for bargaining unit work performed by the individual. The Funds are entitled to recover contributions for such individual at the journeyman contribution rate for the applicable work area, with the hours of bargaining unit work calculated by dividing the Employer's payments to the individual by the journeyman wage rate in the applicable work area. Contributions must be paid by the Employer pursuant to this Section regardless of the amount of bargaining unit work actually performed by the individual, regardless of the amount of compensation paid, if any, to the individual during the month or calendar year, and regardless of whether the individual is listed as an employee on the Employer's records.

(i) Employers are obligated to maintain complete and accurate records of the number of hours of bargaining unit work performed on a monthly basis by each and every individual, including, but not limited to, corporate officers, directors, members and shareholders, and spouses, children, parents and/or siblings of corporate officers, members, directors, and/or shareholders. If the Employer does not maintain or otherwise have in its possession such complete and accurate records and the Funds otherwise have evidence that an individual has performed some bargaining unit work for the Employer, the Employer agrees that the Funds are entitled to presume that the individual performed a minimum of forty {40) hours per week of bargaining unit work for fifty-one (51) weeks during the calendar year. The Employer further agrees that in these circumstances the Funds shall be entitled to recover contributions at the journeymen rate set forth in the collective bargaining agreement governing the Employer's work and the applicable work area for a total of the two thousand forty (2,040) hours for the calendar year. The two thousand forty hours (2,040) per year shall be paid at the rate of one hundred seventy (170) hours per month for each and every month. Contributions must be paid by the Employer pursuant to this Section regardless of the amount of bargaining unit work actually performed by the individual, regardless of the amount of compensation paid, if any, to the individual during the month or calendar year, and regardless of whether the individual is listed as an employee on the Employer's records.

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Section 2. Audit of Payroll and Related Records (a) Article IV, Section 4, of the Funds' Trust Agreements are incorporated herein. The Trustees may at any

time examine and copy such books, records, papers, or reports of the Employer, including, but not limited to, payroll records, time cards, accounts payable records; general ledger; cash disbursements journal, hours reports, names and social security numbers of all employees (union and non-union employees), as they deem necessary to permit them to determine whether the Employer is making full and proper reports and payments to the Funds. Such examination will occur whenever such examination is deemed necessary or advisable by the Trustees and, except as indicated below, at no charge to the Employer. If it is found by the Trustees, however, that the Employer has violated its obligations under the rules, regulations and/or Trust Agreements of the Funds including, but not limited to, its obligation to timely remit fringe benefit contributions to the Funds, then the Employer will reimburse the Funds for all auditing charges for examining the Employer's books, except where the Trustees determine that such violation has been uncovered by the Funds during the course of their routine cyclical audit of the Employer.

(b) If it is necessary for the Funds' Counsel to perform services, including the commencement of a lawsuit or other proceedings, to obtain the audit and to compel the Employer's production of its records, the Employer will be liable for all auditing fees, attorneys' and paralegal fees, court costs, disbursements and expenses incurred by the Funds in enforcing the Funds' right to audit and/or examine the Employer's books, regardless of whether the Employer is delinquent in payment of contributions or in violation of any of its other obligations under the rules, regulations and/or Trust Agreements of the Funds.

Section 3. Bonding (a) The Funds may require any Employer to furnish a bond to secure payment of contributions to the Funds.

In lieu of the bond, the Funds may require such Employer to deposit cash with the Funds or deliver alternative security or collateral in such types, forms and amounts as the Funds in their judgment deem to be appropriate. The bond or other collateral/security shall be in such amount as the Funds determine to be appropriate in the circumstances.

(b) Every Employer who is required to post a bond shall deliver to the Funds' office such surety bond in a form approved by the Funds. The surety bond must be executed by the Employer and a corporation surety company licensed to do business in the State of New York. Such bond shall name the Funds as obligee and shall guarantee the full and faithful performance of the Employer's obligation to remit contributions, interest, liquidated damages, attorneys' and paralegal fees, auditing fees, and costs to the Funds. The bond shall not be cancelable without one hundred twenty (120) days written notice to the Funds, which notice provision shall be made a part of the applicable bond provisions. The Funds' right to recover under the bond shall not be subject to or conditioned upon notice to the delinquent Employer of a default on its obligations.

(c) The Funds' Administrator will determine the amount of the bond and secure the bond from the Employer after consultation with Trustees. The amount of the bond or cash security shall be based on the estimated number of workers to be employed by the Employer and the estimated duration of the job(s). The amount required shall be based on a calculation of the hourly costs of the fringe benefit package multiplied by the projected hours of work for a five (5) month period or the length ofthe job, whichever is less.

(d) If an Employer who is required to post a bond fails to do so, the Board of Trustees, or any duly authorized representative of the Board, may immediately refer the matter to Funds' Counsel for institution of legal proceedings. If it is necessary for the Funds' Counsel to perform services, including the commencement of a lawsuit, to compel an Employer to post a bond, the Employer shall be liable for all attorneys' and paralegal fees, court costs, disbursements and other expenses incurred by the Funds.

Section 4. Effect of This Collections Policy This Collections Policy constitutes a rule of the Funds. To the extent this Collections Policy conflicts with

the terms and provisions of the Funds' Trust Agreements or the Collective Bargaining Agreement, the terms and provisions of this Collections Policy will govern.

Failure by the Trustees to adhere to any provision provided herein shall not abrogate, alter or amend any other provision, duty or requirement of this Policy and shall not constitute a waiver by the Trustees and shall not relieve the contributing Employer of any obligation under ERISA.

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Section 5. Contributions are Trust Assets Title to all monies paid into and/or due and owing to the Funds shall be vested in and remain exclusively in

the Trustees of the Funds. Outstanding and withheld contributions constitute Plan assets. All monies received by an Employer from any source for work performed by employees represented by the

Union shall be held in trust by the Employer. The Employer shall disburse the monies first for the purpose of paying wages owed to the employees represented by the Union and fringe benefit contributions owed to the Fund on behalf of the employees' labor. lfthe Employer owes any wages to the employees represented by the Union and/or owes any monies to the Fund on behalf of the employees' labor, it may not utilize the monies received by it in connection with its employees' labor for its own obligations or those of its officers, shareholders or directors.

Copies of the Collections Policies and any amendments or modifications thereto may be obtained from the foregoing Funds.

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NON-ASSOCIATION EMPLOYER SIGNATURE PAGE

I, the undersigned, as independent Employer of Bricklayers, Masons and Plasterers, having read the accompanying Agreement between the Eastern Contractors Association, Inc., Construction Employers Association of Central New York, Inc. and the Bricklayers and Allied Craftworkers Local No.2, that are signatory to this Agreement, agree to abide by the terms of the same in consideration of receiving the same guarantees and privileges as members of the Eastern Contractors Association, Inc. or Construction Employers Association of Central New York, Inc.

We hereby accept the provisions of the above contract. The Union and said Company do hereby agree to abide by and enforce same.

Please forward one (1) completed copy of this page to: Bricklayers and Allied Eastern Contractors Craftsworkers Local No.2 Association, Inc. 300 Centre Drive, 6 Airline Drive Albany, NY 12203 Albany, NY 12205

Company Name

Address

Telephone Number

Email Address

Authorized Officer Signature

Printed Name

Federal Registration Number

Insurance Carrier

Policy Number

Construction Employers Association ofCNY, Inc. 6563 Ridings Road Syracuse, NY 13206

Unemployment Insurance Number

New York State Disability Benefits Number

New York State Disability Carrier's Name

Local President'slField Representative's Signature

Date

33

NOTES

34

BRICKLAYERS

HEAVY & HIGHWAY

BRICKLAYERS & ALLIED CRAFTWORKERS

HEAVY AND HIGHWAY

AGREEMENT

BETWEEN

EASTERN CONTRACTORS ASSOCIATION, INC. & CONSTRUCTION EMPLOYERS ASSOCIATION OF CENTRAL NEW

YORK,INC.

AND

BRICKLAYERS AND ALLIED CRAFTWORKERS

LOCAL NO.2, NYNT

EFFECTIVE: JUNE 1,2017 EXPIRES: MAY 31,2021


TABLE OF CONTENTS

ARTICLE SUBJECT Agreement Preamble ........................................................................... 1

Witnesseth ........................................................................................... 1

I Jurisdiction .......................................................................................... 1

II Definition ............................................................................................ 1

III Union's Work ...................................................................................... 2

IV Union Security And Rights ................................................................. 2

V Hours of Work .................................................................................... 4

VI Holidays .............................................................................................. 5

VII Show-Up Time .................................................................................... 5

VIII Payment of Wages .............................................................................. 5

IX Rates of Pay ........................................................................................ 6

X Fringe Benefits Contributions:

Welfare, Pension, Annuity, Deductions, And

Construction Industry Advancement Program ................................. 6

XI Arbitration ......................................................................................... 10

XII Work Assignment ............................................................................. 11

XIII Non-Discrimination .......................................................................... 11

XIV Safety ................................................................................................ 12

XV Absences .................................. , ........................................................ 12

XVI Key Men ............................................................................................ 12

XVII Apprenticeship - Heavy And Highway ............................................ 13

XVIII Association Security ......................................................................... 13

XIX Savings .............................................................................................. 14

XX Duration ............................................................................................ 14

XXI Wage And Fringe Benefit Contributions ......................................... .14

XXII Prevailing Rates-Hold Harmless Clause .......................................... .15

XXIII Most Favored Nations ....................................................................... 15

XXIV Labor-Management ........................................................................... 16

XXV Drug Testing ..................................................................................... 16

XXVI Parties To Agreement ....................................................................... 17

Addendum 1 ............................................................................. -......... 18

Addendum 2 ...................................................................................... 18

Non-Association Employer Signature Page ..................................... .19

AGREEMENT PREAMBLE

THIS AGREEMENT, made this 15th day of May, 2017 by and between the Eastern Contractors Association, Inc. and the Construction Employers Association of Central New York, Inc., herein after called the "Associations" and the International Union of Bricklayers and Allied Craftworkers Local No. 2 NYNT affiliated with the AFL-CIO herein after called the "Union" are as follows:

WITNESSETH WHEREAS, the parties hereto desire to stabilize employment in the Heavy and Highway Construction

Industry, agree upon wage rates, hours, and condition of employment, NOW, THEREFORE, the undersigned Eastern Contractors Association, Inc., Construction Employers

Association of Central New York, Inc. and the Union, in consideration of the mutual promises and covenants herein contained, agree as:

ARTICLE I JURISDICTION

This agreement is to cover all Highway and Heavy Construction as the same is herein defined for the following:

Geographical Jurisdiction: The entire counties of: Albany, Cayuga, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Onondaga, Oneida, Oswego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schohaire, Warren, and Washington.

ARTICLE II DEFINITION

1. HEA VY AND HIGHWAY CONSTRUCTION, where referred to in this Agreement is defined as including but not limited to the construction of roads, streets alleys, driveways, sidewalks, parkways, parking areas, airports, athletic fields, highway bridges, railroad bridges, railroad and street railway construction projects, sewers, grads separations, foundations, abutments, retaining walls viaducts, tunnels, subways track elevations, elevated highways, reclamation projects, drainage projects, water supply projects, water power developments, transmission lines, duct lines, pipe lines, dams, locks, revetments, channel cutoffs, intakes, jetties, breakwaters, docks, intake structures, sewage treatment plants, pure water works, water filtration plants and electric substations.

2. (a) This Agreement excludes Building Construction which is defined as all on-site construction within the contract limit lines where the intended use is a building or building project or being necessary for the use of a building or access to a building where the principle use is not a highway. However, work done within the building site line on sewage treatment and water treatment plants shall refer to and mean that work done above grade level.

(b) This Agreement shall apply to all Heavy and Highway Construction which is defined as all work performed outside of a building site (excepting heavy and highway work herein defined which has been awarded as a subcontract of a building contract which work is the subject of a building agreement containing a subcontractor clause) including, but act limited to those projects set forth in paragraph 1 above.

3. This Agreement applies to work performed by Cement Masons. It does not apply to building construction involving brick or tile work.

ARTICLE III UNION'S WORK

1. The contractor agrees that the Union will have jurisdiction over and that they will assign to and have performed by Cement Masons and other employees covered by this Agreement the following work:

2. (a) Straight edging, bull floating (luteing), troweling, edging, rubbing, and brushing of concrete shall be the work of Cement Masons on Heavy and Highway Construction.

(b) Chipping, patching (including bonding agent), hand held power grinders, pointing of concrete for the purpose of new finished concrete.

(c) Bush hammering, hand grouting and dry packing in the laying of steel plates. (d) When stone is used and is trimmed to fit, or comes on the project uniformly dressed, work in

connection therewith which required masons, tools is that of the mason except that the status quo will be observed with respect to granite curb.

( e) When the rods or wires require cutting or snapping inside or below the surface of the concrete, in preparation for finish, it shall be done by the Masons.

(t) Sandblasting of concrete and masonry surfaces where the work is in connection with achieving an exposed aggregate surface for finished concrete or in repairing the same. When the sandblasting surface is to receive paint, epoxy, grout or concrete, it is not covered by this section.

(g) Waterproofing with cement and sand coats, with or without damp or waterproofing additives where the material used is clear, white, or gray. (This excludes epoxies and black material as these items have been heretofore performed on bridge pads and decks, headwalls and abutments.)

(h) The parties hereto recognize that the operation of certain equipment and work assignments may raise questions regarding jurisdiction of work in the area of one or more of the local unions parry to this Agreement. The equipment herein referred to is the concrete saw. Pending final determination of the jurisdiction of the named equipment, such equipment and the operation thereof shall remain status quo.

(i) With respect to slope paving under bridges using cement masonry units, a mason will work in the crew during the installation (and grouting if necessary) procedure.

(j) It was agreed that on or after May 30,1976 the contractor agrees that the union will have jurisdiction over and that they will assign to and have performed by masons the work of building new and the rebuilding and adjusting of old manholes and drop inlets with brick or block.

(k) Guniting pursuant to 2121/24 Green Book decision, (1) The laying or installation of all forms of paving brick.

2. (a) In the event that the Union claims a failure to assign work under the provisions of Section 1 (a), (b), (c), (t), (g), or (i) of this Article, such claim shall be processed pursuant to the grievance procedure Section lea), (b), (c), (t), (g), (i) shall not be held to be considered non jurisdictional on tunnel work as excavated from a heading.

ARTICLE IV UNION SECURITY AND RIGHTS

1. All Employers. - It is understood and agreed by and between the parties hereto that, as a condition of continued employment, all persons who are hereafter employed in the unit which is the subject of this Agreement shall make application to the Union after seven (7) days from the date of their employment after demonstrating qualifications as craftworkers of the trade, and that the continued employment by the Employer in said unit of persons who are already members of the Union shall be conditioned upon those persons continuing their payment of the periodic dues of the Union. The failure of any person to become a member of the Union within said period of time shall obligate the Employer upon notice from the Union to such effect (and to further effect that Union membership was available to such person on the same terms and conditions generally available to other members) to forthwith discharge such person. Further, the' failure of any person to pay the periodic dues of the Union shall, upon notice to the Employer by the Union to such effect, obligate the Employer to discharge such person.

2

2. It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action it an employee refuses to enter upon any property or job site where there is a legitimate primary picket line including the picket lines at the Employer's jobsite or place of business.

3. Subcontracting. In the event that an employer party to this Agreement subcontracts onsi 1:e work covered by this Agreement, provision shall be made in each subcontract to provide that the subcontractor shall work under the terms and conditions of this Agreement.

4. Authorized representatives of the Union shall be allowed to visit jobs during working hours to interview employer and employee but in no way shall interfere with or hinder the progress of work.

5. It is agreed that the Union Business Agent or Field Representative shall appoint a working Shop Steward for each job, who shall be employed at all times that any Cement Masons are employed on the job. He/she shall be allowed sufficient and reasonable time which shall not be abused to perform his duties and shall not be laid off or transferred by reason of the performance of his duties as Steward. It being expressly understood that the Steward shall be a qualified journeyman.

6. When three (3) or more Cement Masons are employed by the Employer, one shall be designated as working foreman and he/she shall be paid one dollar ($1.00) more per hour than the regular scale. When six (6) or more Cement Masons are employed by the Employer, one shall be designated as working foreman and he/she shall be paid one dollar fifty cents ($1.50) more per hour than the regular scale. The Cement Mason Foreman must be a practicing mechanic in the trade with at least six (6) years experience.

7. With the cooperation of the Mason Foreman, management will have the exclusive right to direct the working force and manage the job, including the right to direct all employees covered by this Agreement in the performance of their work.

8. (a) At the time of hire or at a later date the Contractor may deem appropriate, employees covered by this Agreement shall, at the discretion of the Contractor, be furnished slip over rubber boots, rainsuits, and hats which shall remain the property of the Employer and be returned at the termination of use or employment.

(b) At the first full pay period following the issuing of such articles, the actual cost to the Contractor of the said articles shall be deducted from the pay of each such employee covered by this contract. Upon termination of employment, such employees who return the articles issued will be refunded the amount deducted from pay.

(c) As an alternative to the operation of paragraphs (a) and (b) above, employees are given the option of providing and wearing their own serviceable slipover rubber boots, rainsuits, and hats.

9. Prior to the commencement of work on a project, the Employer shall call a pre-job conference in the area of the project at a time and place to be designated by the Employer. The Union agrees that it will attend at the designated time and place together with such other unions representing employees who will perform work on the project The Union agrees that the Employer shall not be asked or required to attend any pre-job conference with a single craft. These provisions shall apply equally to any and all subcontractors.

10. The Employer shall be responsible for the loss of an employee's tools by fire on the job site. The maximum amount that any mason may claim for a loss by reason of fire under this provision is one hundred dollars ($100). A claim must be itemized, in writing, and sworn to before a Notary Public.

11. On any swing stage or swing scaffold, including rolling scaffold suspended from bridge, two (2) cement masons shall be used except on swing seats constructed for one (1) man only. One (1) cement mason may be used on a fixed scaffold or as on condition as allowed by OSHA.

A swing scaffold or staging is to be considered a scaffold suspended by means of ropes or cables from

3

hooks placed over parapet walls or windows, etc. Masons working on the scaffolds described in this section shall be paid one dollar ($1.00) per hour above the regular scale of wages for actual hours worked.

ARTICLE V HOURS OF WORK

1. The work week shall be forty (40) hours, Monday through Friday, inclusive.

2. Normal work day shall consist of eight (8) hours with one-half (112) hour for lunch. The starting time shall be set by the Contractor except that starting time shall not be changed from day to day. The work day must start no sooner than 6:00 a.m. nor later than 8:00 a.m., except as may be otherwise mutually agreed upon by the Employer and Union. If an employee is required to work a through lunch, then he/she shall be compensated at the overtime rate. Upon mutually agreed starting times between the union and employer that occur after 6:00 p.m., the mason shall receive an additional $1.50 per hour.

3. All time worked outside the regular work day and all time worked on Saturday shall be paid for at one and one-half (1-112) times the regular hourly rate, except for time worked on Sundays and Holidays (stipulated herein) which shall be paid at double the hourly rate. Whenever deemed necessary by the Employer, a flexible lunch period may be used only on concrete pours. Said lunch period will be thirty (30) minutes in length, but can occur anytime between 11 :30 a.m. and 1 :30 p.m., depending on individual job requirements. Such a change will not require any overtime payment

4. In the event that a pour shall extend beyond the regular quitting time, sufficient Cement Masons shall remain to complete the finishing.

5. On operations requiring two (2) shifts, the shifts shall be at least eight (8) hours each and scheduled of equal duration. The content of Article VII shall be applicable. It is understood that there is no guarantee, that on a given day, one shift might not vary due to weather, equipment breakdown or changes in operation schedules.

6. Three (3) shifts may be worked in twenty-four (24) hours and shall be of the rate and duration set forth below:

First Shift 8 Hours Work = 8 Hours Pay

Second Shift The mason shall receive an additional $1.50 per hour.

Third Shift The mason shall receive an additional $2.00 per hour.

Each shift shall have one-half (1/2) hour for lunch. On multiple shift work, the work week shall start not earlier than 5:00 a.m. The Contractor shall set the

starting time. Short shifts, necessitated by maintenance and protection of traffic plans as ordered by the owner, shall, by mutual consent, be subject to negotiation between the union and employer on a projectby-project basis.

In special conditions requiring work to be performed outside of the normal workday because of conditions beyond the control of the contractor or as necessitated by maintenance and protection of traffic plans as ordered by the Owner, one (1) shift of eight (8) hours may be worked outside the normal workday at straight time, The Employer shall notify the Union prior to the commencement of such work.

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7. Make-Up Day Make-up day on Saturday in the week in which a day or days are lost due to inclement weather. Pay for

this make-up day will be straight time, it being understood that work on this day is voluntary on the part of the employees and that further, all employees working on the job be given the same opportunity to work. No discriminatory action will be taken against any employee who declines said work. If it is determined by the Joint Arbitration Board that the contractor is violating the make-up clause, then the contractor shall lose the privilege of a make-up day for the duration of the contract.

8. To the extent permitted by law, the work week may be four days in duration (Mon. - Thurs.) with each day consisting of ten (10) hours work at the straight-time rate. Any work performed outside these limits would be at the appropriate overtime rate. It is the intent of the parties that a 4-1 Os schedule shall be for a minimum of four (4) days in a row. Where a 4-10s schedule is worked, Friday shall be allowed as a make-up day. If, however, weather prohibits work on Friday, Saturday is allowed, but will be worked at the appropriate overtime rate.

ARTICLE VI HOLIDAYS

1. All time worked on Sundays and the following holidays shall be paid for at the rate of double time: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

2. Ifthe holiday falls on Sunday, the Monday following shall constitute the day of the legal holiday.

ARTICLE VII SHOW-UP-TIME

1. Any Cement Mason who reports for work at the regularly appointed starting time, unless he/she has been notified prior to quitting time on the previous day that his services shall not be required, shall be entitled to show-up time of two (2) hours at straight time weather permitting work.

2. Cement Masons who report for work at starting time, if put to work, receive pay for actual hours worked.

ARTICLE VITI PAYMENT OF WAGES

1. All wages payable under this Agreement shall be paid on the job on or before Friday. Ifpay day falls on a holiday, the Employee shall be paid one day earlier. No more than six (6) days' pay may be withheld by the Employer.

2. If any Cement Mason is discharged or laid off, all accrued wages shall be due and paid immediately or may be paid by check within twenty-four hours. If not mailed within twenty-four (24) hours, such employee shall be paid an additional fifty dollars ($50) for each twenty-four (24) hour period the check was not mailed.

3. Each payroll envelope or voucher shall clearly show the following: Name of employee, classification(s), hours worked, rate of pay, total amount paid, employers name and address and the same constitute a payroll record for such employee.

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ARTICLE IX RATES OF PAY

1. It is agreed that the rate of pay and applicable fringe benefit contributions are hereinafter set forth in Article XXI of this Agreement.

ARTICLE X FRINGE BENEFIT CONTRIBUTIONS:

WELFARE, PENSION, ANNUITY, DEDUCTIONS, VACATION FUND, AND CONSTRUCTION INDUSTRY ADVANCEMENT PROGRAM

A. Welfare, Pension, and Annuity 1. The Employer agrees to contribute the amounts hereinafter set forth in this Agreement for each actual

hour worked to designated Welfare and Pension funds. In addition to the hourly contribution, Employer's remittance to the health Benefit Fund shall include the

hourly deduction from the employee's pay, as specified in Article XXI, for the Vacation Fund benefit. Such Employer remittances are included in the Masons Fringe Benefit Report Form.

2. It is agreed that there will be reciprocity among the various funds in respect to crediting the welfare and pension contributions on behalf of an employee working in a local different from his "home" locaL In no such case will double payment be required in order to obtain coverage of an employee by the various funds.

3. Each Employer party to this Agreement shall, during the term ofthis Agreement, on or before the 15th day following the end of each month, pay to the Local Fund Office, the total sum of Employer contributions and payroll deductions as defined in this Agreement.

4. Notwithstanding any other provision contained in this Agreement, the parties agree that any Employer who becomes delinquent in the payment of contributions due to Funds after notice has been served upon such delinquent Employer, the Employer shall be liable for not only the amount of contributions due, but in addition thereto, any such Employer agrees to pay interest, costs and fees of collection, legal fees not in excess of twenty percent (20%) of the amount of said delinquency and the costs of an audit, proportionate to the amount of delinquency found, if auditing procedures are necessary, to ascertain the amount of the delinquencies. The failure of any Employerto make timely and proper contributions and remittance to the Funds shall not relieve any other Employer from making such payments.

5. It is further agreed between the parties hereto than in addition to the provision contained in the preceding Section, the Union is granted the unequivocal right, with respect to any delinquent Employer, to declare this Agreement breached and at the option of the Union said Agreement, may upon two (2) days' notice to the prime Contractor and the Employer and the Associations to: (A) terminate this Agreement and/or (B) withdraw the services of its members from the Employer, and/or (C) strike or engage in a boycott with respect to such delinquent Employer. In the event that the Union exercises such operation under this Section, such delinquent Employer agrees to pay as liquidated damages, each of said Employer's Employees in the collective bargaining unit of the Union, their regular rate of pay for all time lost from work as a result of the Employer's delinquency to the above listed Fund.

6. The books and records of each employer pertinent to the employment of employees covered by this Agreement, shall be made available at all reasonable times for inspection and audit by a licensed CPA employed by the Fund, including, without limitation, payroll sheets, W-2 Forms, New York State employment reports, Social Security reports, ledgers, vouchers, and any other pertinent items concerning payrolls. Inspection shall be restricted to a verification of payments made and/or due to the Fund. Cost of such inspection shall be borne by the Fund except in cases where an employer is delinquent in making contributions, in which case the delinquent employer shall bear the cost of inspection and audit,

6

proportionate to the amount of delinquency found.

7. Subject to verification as to their status as employers and as to the validity of their appointment pursuant to the provisions of the various trust indentures, the Employer agrees to accept the Employer trustees now named to the jointly trusted funds provided in this Agreement as its designated trustees and the Employer agrees to be bound by the provisions of the trust indentures for the respective funds. Each local union agrees to furnish such information as the Employer may require for the purpose of verification. The Trustees have no authority to change the terms and conditions of this collective bargaining agreement.

8. Should the health insurance provisions contained in this Agreement and/or the Health and Welfare Trust's plan design cause the Employer to become subject to a penalty, fine, or other assessable payment under the Patient Protection and Affordable Care Act or any related law or regulation, the Employer's obligation to the Health and Welfare Trust will immediately cease. The Union and the Employer will immediately meet to bargain over a solution that does not increase the total cost to the Employer. In such event, any contributions that would otherwise be owed to the Health & Welfare Trust shall be held in escrow and the no strike provision contained in this Agreement shall apply.

The bargaining padies recognize that the Affordable Care Act and related regulation have created a challenging and dynamic environment for the Health and Welfare Trust. Should health and welfare coverage options become available through a legislative and/or government sponsored program such as a health insurance exchange, and such coverage is more economical than that which can be offered by the Health and Welfare Trust, either party may request in writing, and the other party shall agree, to meet in good faith within 30 days of the written request to review and consider changes to the agreement that would accommodate the use of such program as a supplement to or replacement for the current Health and Welfare Trust.

9. Effective July 1, 2016, the Health Benefit Fund and Annuity Fund contribution rates set forth in Article IX are base contribution rates. The actual contributions to these two Funds shall be determined in accordance with the tiered system set forth below. For purposes of tiered system set forth below, "Account balance" refers to the participant's personal account balance (HRA & WRA combined) in the Welfare Fund. The tiered system will be applied by the Fund Administrator as of July 1, 2016 and to the extent a change in contribution rates is required, the change shall apply beginning with contributions received on or after the first of the month in which the change is determined to be required.

f

=---'. I --AccountBili-;c;-(WRA&liRAj--- Health--T----An~UitY----J

Ll1.L ___________ ..:: __________ ~9 ,999 __ --.1 ____ 93% ____ -' ____ 7% ----I 2 I $10,000 $19,999 I 70% I 30% I

-3-[ $20,000 $29,999 I 50% I 50% . 4 ! $30,000 $49,999 I 30% I 70% t ------------------------.-. -------------·--------------,-·------------1

____ ~_1~50,000 ____________ -= __ . _______ ~nd g!.eate~_L __ ?~ ______ L ____ ..2~~ ____ ..J

10. Bricklayers Local No.2 Fringe Benefits. a. Each Employer shall make the payments as called for in Sections 1 through 8 above for each actual

hour worked, through fringe benefit report as the method of collection. Fringe Benefit Report Forms may be obtained from the Bricklayers and Allied Craftworkers Local No.2 NY NT Albany, NY, Fund Office, 300 Centre Drive, Albany, NY 12203.

b. Each Employer signatory to this Agreement shall, during the term of this Agreement, on or before the 15th day following the end of the month, pay to the Bricklayers and Allied Craftworkers Local No.2 NYNT, Albany, NY, Fund Office, the total sum of Employer contributions and payroll deductions as defined in this Agreement The Monthly Report Form should be accompanied by a check or money order for the amount of the total fringe benefits owed for that month.

c. Effective June 1, 1997, after payment is submitted to the Fund Office, a Fringe Benefit Receipt Coupon

7

will be issued to the employee by the Fund Office. d. Apprentices shall receive an amount of Fringe Benefit Receipt Coupon equal to the amount of hours

worked. Once Fringe Benefit Receipt Coupon are mailed by the Fund Office, they become the employee's responsibility.

Cash payment to an employee in lieu of fringe benefit receipt coupon does not fulfill an Employer's obligation to the funds. Employer failure to make the timely payment by the 15th of the month will be delinquent and subject to Article X and Article XI.

e. Limited Exemption for Partners, Officers, Shareholders, or Owners. Signatory Employers are not obligated to remit fringe benefit contributions on behalf of one (1) partner,

officer, shareholder, or owner who performs bargaining unit work as defined in Article XlV. The Employer shall be entitled to this exemption for one (1) partner, ufficer, shareholder, or owner only where it has submitted a written application to the Union for such exemption and the union has granted the application is a member of the Union and that the application is complete as set forth herein. The decision of the union shall be issued promptly and in writing. The Union shall provide a copy ofthe decision to the Associations and the Funds.

The signatory Employer must make such a written application to the Union. The application must contain the signature of the Employer and must state if the partner, officer, shareholder, or owner is covered by the Employer's independent employee benefit plans. Further, the application must contain the signature of the partner, officer, shareholder or Owner, his/her consent to the exemption, acknowledgement of ineligibility for benefits or credits from the Funds for such employment, and release of the Funds from benefit and liability. A copy of the application must be sent to the Associations and the Funds.

Once the exemption is granted by the Union, it may not be unilaterally withdrawn by the Union. Further, to retain the exemption, the Union may require the Employer to report the numbers of hours of bargaining unit work performed by partner, officer, shareholder, or owner.

Absent compliance with this Article and Section, the Employer will be obligate to remit fringe benefit contributions on behalf of all hours bargaining unit work performed by all its partner, officers, shareholders, or owners performing bargaining unit work as defined in the Preamble.

This exemption does not apply to any other type of employee who performs bargaining unit work as defined in the Preamble. Employers must remit contributions on behalf of all other employees performing bargaining unit work regardless of the Union's ability to supply employees of the project. Disputes shall be resolved by the Joint Arbitration Board under Article VIII.

LIMITED EXEMPTION FOR CORPORATE OFFICERS & SHAREHOLDERS FORM

I, hereby apply for the Limited Exemption for Corporate Officers & Shareholders as stated in the Collective Bargaining Agreement between and Bricklayers and Allied Craftworkers Local No.2 NYNT. I am an officer or shareholder of the corporation. I understand and consent to the exemption. I understand and acknowledge that I will not receive or be eligible for benefits or credits from the Funds for such employment. Further, I release the Funds from any and all benefits and liabilities.

Signature: Date: ------

I, , President of Bricklayers and Allied Craftworkers Local No.2 NYNT, due hereby grant the limited exemption for Corporate Officers and Shareholders in accordance to the Collective Bargaining Agreement between the Employer and the Union.

Signature: ___________________________ __ Date: -------

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B. Deductions 1. The Employer shall deduct from the base wage rate of employees covered by this Agreement, the

amounts hereinafter set forth in Article XXIII for each actual hour worked by such employees.

2. No deductions shall be made for any such employee unless the Employee has deposited with the Employer his copy of an executed authorization form, which shall in no event be irrevocable for a period of more than one (1) year or the termination date of this Agreement, whichever shall be the less.

3. Executed copies of the authorization cards will be kept on file by the Union and the Employer.

4. The Employer assumes no obligation with respect to the obtaining of authorization cards, it being understood that this is a duty and obligation of the Union.

5. Deductions shall be made in the first payroll period following the furnishing of authorization cards.

6. The Union shall indemnity and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company in reliance upon authorization cards furnished by the Employees and/or Union.

C. Construction Industry Advancement Program WHEREAS: Recognizing the need for providing a means, whereby Employers can facilitate and

supplement the fmancing of its activities, which include but are not limited to, public relations, public education as applied to the construction industry, Employer expenses incurred in the promotion and stability of relations between labor and management, maintaining facilities and pay cost for arbitration and adjustments of grievances between the Employer and the Union, and also other Employer activity engaged in from time to time, such as promotion of legitimate markets, standardization of contracts and research. It is mutually agreed by both parties to this Agreement that at no time shall any of these funds be used to support any anti-labor legislation, maintain a lawsuit against any local union of its international body or pay any salaries or expenses to any employee or Employer who is promoting non-union conditions or subsidize any contractor during a strike or lockout.

Employers working in the counties of Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren and Washington shall continue to pay to the Industry Fund of Eastern Contractors Association, Inc., 6 Airline Drive, Albany, New York 12205, a sum to be in an amount equal to one percent (1 %) of the basic hourly rate per hour worked, per employee covered by the terms of this Agreement. Said sum to be paid to said Fund to be used for the above mentioned purposes.

Employers working in Cayuga, Onondaga and Oswego counties shall pay to the Administration and Safety Program ofthe Construction Employers Assoc. of C.N.Y., Inc., 6563 Ridings Road, Syracuse, New York 13206, the appropriate amount as specified in Article IV of this Agreement that covers wages and fringes, for which wages are payable during said calendar month to any employee covered by this Agreement.

In addition, amounts set forth in the wage schedule shall be collected through the Associations and used to support the International Council of Employers of Bricklayers and Allied Craftworkers (ICE).

The Industry Fund and ICE contributions will be included in the Bricklayers and Allied Craftworker's Local No.2, NY Fringe Benefit Report forms and remitted in conjunction with these fringe benefits to the Bricklayers Local 2, NY Fringe Benefit Fund offices in Albany, New York. Monthly report forms are necessary. The Union shall not be held responsible for the collection of the Industry Fund.

In the event that there should ever be any termination of payment required under this Article, the assets of such Funds hereby established shall not be distributed among any Employers or to any Union, but shall be held by the Board of Directors or their successors who shall continue to administer and expend such Fund assets for the purposes set forth herein and subject to such other conditions and limitations as are also herein provided.

9

D. International Masonry Institute International Masonry Institute. An amount agreed appropriate for each district, per hours worked shall

be reported monthly on the form for union fringe benefits and shall be paid to the respective fund, to be remitted to the International Masonry Institute Promotion Fund.

E. Upstate Masonry Institute. The amount specified by the Associations in Article XX, Section 3, for each hour worked, shall be

contributed by the Employer to the Upstate Masonry Institute. Said monies shall be distributed according to Article XX, Section 3.

ARTICLE XI ARBITRATION

Section A. The parties to this Agreement shall establish a Joint Arbitration Board consisting of three (3) representatives selected by the appropriate Association and three (3) representatives selected by the local union, to resolve disputes over the interpretation and application ofthis Agreement. The Board shall meet at least once a month, or on call, to settle complaints, abuses, or grievances. It is further agreed that should occasion require any alterations or amendments to this Agreement, the party desiring such alterations or amendments shall submit same in writing to the Board. The Association and the Union representatives at a session shall have any equal number of votes on all matters coming before the Joint Arbitration Board, regardless of the number of Association or Union representatives present at a session.

Section B. It is specifically agreed that any controversy arising out of this Agreement involving the interpretation of its terms and conditions shall be settled in accordance with the grievance procedure set forth in this Article. No grievance shall be recognized unless it is called to the attention of the Employer and appropriate Association by the Union or to the attention of the Union by the appropriate Association and the Employer within five (5) days after the alleged violation is committed or discovered.

All grievances shall be: made in writing; and include a statement of alleged violations and specific provisions of the contract allegedly violated and detail all efforts to resolve the dispute and be served upon the Employer or Union with a copy to the appropriate Association.

Section C. Grievances shall be handled in the following manner: 1. The grievance shall be referred to the jobsite Union steward or authorized Union representative and

to the foreman for adjustment. 2. If the grievance cannot be settled pursuant to paragraph 1 of this Section, the grievance shall be

referred on the following day to the Business Manager or Local President of the Union and the Employer and appropriate Association.

3. If the grievance cannot be settled pursuant to paragraph 2 of this Section within three (3) working days excluding weekends and holidays, the grievance shall be submitted within forty-eight (48) hours to the Joint Arbitration Board for consideration and settlement. The decisions of the Joint Arbitration Board shall be final and binding on the parties to the grievance.

4. If the Joint Arbitration Board cannot reach a satisfactory settlement within five (5) working days, not including weekends and holidays, following a referral ofthe grievance to the Board, it shall immediately select an impartial arbitrator to review with the Board all evidence submitted relating to the dispute and then cast the deciding vote. If the Joint Arbitration Board cannot agree on an impartial arbitrator, the impartial arbitrator shall be selected from a panel of arbitrators submitted by and in accordance with the rules and regulations of the Federal Mediation and Conciliation Service. All expenses of the impartial party shall be borne equally by the appropriate Association and the Union. The decision reached by the Joint Arbitration Board with the assistance of the impartial arbitrator shall be final and binding upon all parties.

Section D. When a settlement has been reached at any step of this Grievance Procedure, such a

10

settlement shall be final and binding on all parties, provided, however, that in order to encourage the resolution of disputes and grievances at Steps 1 and 2 of Section C of this Article, the parties agree that such settlements shall not be precedent-setting.

Section E. The time limits specified in any step ofthe Grievance Procedure may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond within the time limits provided above, without a written request for an extension of time, shall be deemed a waiver of such grievances without prejudice, and shall create no precedent in the processing of and/or resolution of like or similar grievances or disputes.

Section F. During the term of this Agreement, neither party shall order or permit any lockout, strike, or other work stoppage or slowdown. Further, the Union will not aid, support, or permit unauthorized slowdowns or work stoppages by its members.

Jurisdictional disputes are not the subject of grievances or arbitration under this Agreement. Violations concerning wages, hours, and payments due under Article X shall not be subject to the grievance procedure except as hereinafter provided. In cases alleging violations of wages, hours, payments due under Article X, the Union shall give two (2) working days' notice to the Employer and a copy to the appropriate Association that the Union will withdraw its men from the Employer's service. If the Employer contends there is a question of fact regarding the alleged violation, he/she may file a grievance within the aforesaid two (2) working days with a copy to the local union and a copy to the appropriate Association. When a grievance has been filed, there shall be no work stoppage pending resolution of the grievance pursuant to the provisions of this article. Disputes involving Section I (a), (b), (c), (t), (g), (i) of Article III may not be considered as jurisdictional disputes.

ARTICLE XII WORK ASSIGNMENT

1. The Employer and the Union agree that they will abide, in the assignment of work subject to this Agreement, by International Agreements or applicable decisions of record printed in the Green Book dated April 3, 1970, published by the so called "National Joint Board for the Settlement of Jurisdictional Disputes" and the Gray Book.

2. When the Employer has been shown in writing by the Union an International Agreement or applicable decision of record printed in the Green book dated April 3, 1970, or in the Gray Book, referred to above, then failure of the Employer to abide by the contents of said Agreement or decision within seven (7) days of the time shown will make the Employer liable for lost wages and fringe benefits which would have been paid to employees covered by this Agreement retroactive to time he/she was shown it.

ARTICLEXIll NON-DISCRIMINATION

1. The Employer and the Union mutually agree that they will comply and cooperate with all laws, codes, rules, regulations, executive orders and administrative decisions, whether state or federal, dealing with nondiscrimination in training, membership, employment, job tenure, promotions, and every other matter covered by such laws, codes, etc., not herein expressly mentioned. The Employer shall have the right to conduct systematic and direct recruitment of qualified minority and female applicants should the Union fail to refer sufficient minority and female journeymen and trainees, within forty-eight (48) hours excluding weekends, to satisfy specific contractual Equal Employment Opportunity requirements and conditions.

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2.D\M\WBE. It is recognized that there are specific subcontract requirements for D\M\ WBE participation in most

public works contracts and that certain exceptions to the Subcontracting clause (Article IV, Section 3) may be required for the Employer to comply with these requirements. Every effort will be made by the Employer to arrange a pre-job meeting with these subcontractors and the Union. It is understood that in no way shall the enforcement of this clause allow other trades to perform the work of this Union.

The Employer will provide prior written notice to the Union before awarding a D\M\ WBE subcontract to a non-signatory Employer.

ARTICLE XIV SAFETY

1. The Union and the Employees agree that willful neglect and failure by an employee to obey company safety rules and regulations; or to obey safety rules, standards, and regulations as prescribed pursuant to the Occupational Safety and Health Act or other governmental regulations or legislation; or to use properly such safety devices or equipment as are provided by the Company, shall be just cause for immediate discharge upon first offense without recourse to the grievance procedure.

2. The Union agrees to cooperate with the Company in encouraging employees to observe the safety regulations prescribed by the Company and to wear properly and utilize safely equipment as required by the Company and to work in a safe manner.

3. The Union further agrees that Union representatives visiting job sites shall obey all company safety rules and regulations and shall obey all safety rules, standards, and regulations prescribed pursuant to the Occupational Safety and Health Act or other governmental regulations or legislation, and shall wear and use properly all safety devices or equipment employees on the job site are required to wear and use.

4. Employees injured at work shall be paid for the time spent going to the doctor's office for treatment at the time of injury. If the doctor certifies in writing that the Employee is unable to return to work that day, the injured employee shall be paid for the balance of that working day.

ARTICLE XV ABSENCES

1. The Union and the Employer expressly agree that a stable work force is required at all times in this seasonal industry and that the absence of individual employees may have a serious impact on the Employer's project productivity and efficiency.

2. Absences from scheduled work are to be discouraged and accordingly it is agreed: (a) the first absence without prior excuse or reasonable cause shall entitle the Employee to a written

warning notice with copy to the Union. (b) the second absence without prior excuse or reasonable cause is agreed to be just cause for discharge

of the Employee without recourse to the grievance and arbitration procedure of this Agreement. The Employer shall notify the Shop Steward of the discharge.

ARTICLE XVI KEY MEN

1. It is agreed that on each project operation, the Employer can bring in the first man from outside the local Union's area, as KeymanIForeman. The local Union shall provide the second and third man. The Employer has the option to provide the fourth man from the Local where the Employer has main or operational office residence. The Local Union shall provide the fifth man and any more thereafter.

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ARTICLE XVII APPRENTICESHIP -

HEAVY ANDIDGHWAY 1. In order to maintain a sufficient number of skilled mechanics in the Heavy and Highway Cons truction

Industry, the necessity for the employment of apprentices is hereby recognized. The employm.ent and proper training of as many apprentices as is reasonable and practicable shall be encouraged and undertaken through mutual agreement of the Employer and the Union, This Agreement shall be in accord "With the Apprentice Standards as approved by the State of New York, the Apprentice Committee ofa local Union and the Employer.

2. The Employer agrees to train the indentured apprentice for three years on all phases of available work that is considered and recognized to be the work of members of the Bricklayers and Allied Craftworkers. This recognition shall encompass the work allocation as defined in this contract Agreements and Decisions of Record in the Green Book (dated prior to November, 1969), and any future Agreements reached by International Unions, involving the Masons, shall be considered a part of the Agreement.

3. Through the training period, the Employer shall have the right to employ his Apprentice in any area, other than his home Local Union, to insure continuity of employment and training. The ratio of apprentices to joumeyworkers as specified by New York State shall be recognized. The actual apprentice schedules will be listed in the Agreement.

4. For any number of Mechanics under five (5) employed on ajob site, one (1) Apprentice may travel with the Employer.

5. For any number of Mechanics between five (5) and ten (10) employed, two (2) Apprentices may travel with the Employer, etc.

6. The wage rates to be paid apprentices shall be based on the appropriate New York State Apprentice Form AT 10.

TERM-Working Hours of Covered

Employment

0-750

751-1500

1501-2250

2251-3000

3001-3750

3751-4500 4501-5250

5251-6000

WAGES- FRINGE Percent of BENEFITS

Joumeyperson's Rate

o to 500 Working Hours-55% No Local Pension. All other benefits in full.

501 to 750 Working Hours - Full Benefits.

60% Full Benefits

65% Full Benefits

70% Full Benefits

75% Full Benefits

80% Full Benefits

85% Full Benefits

90% Full Benefits

ARTICLE XVIII ASSOCIATION SECURITY

Section 1. The Union recognizes Eastern Contractors Association, Inc. and Construction Employers Association of Central New York, Inc. as the exclusive bargaining representatives of all members.

Section 2. The Associations represent that they are duly authorized by its designating members hiring

13

Bricklayers to enter into this collective bargaining Agreement, that in so doing they are authorized to bind such designating members to the terms and condition of membership in said Association, that such designating members shall continue to be bound by terms or, shall upon admission to the said Association, after the date of execution of this Agreement, agree to be bound from that date forward by all tenus and conditions of this Agreement.

Section 3. There shall be one (1) bargaining unit for all Employers bound by this Agreement for the geographical and trade jurisdictions covered herein including any individual Employers who are not designating members of Eastern Contractors Association, Inc. or Construction Employers Association of Central New York, Inc. but who sign this Agreement or agree to be bound to it.

The management party hereto shall be considered the bargaining unit.

Section 4. No modification, variation, or waiver of any terms or provision herein shall be valid unless agreed upon in writing by both the Associations and the Union. With the exception of project labor agreements or project agreements, where the Union will make every effort to include the appropriate Association in the negotiation of the project labor agreement or project agreements. The Union will supply the appropriate Association with a copy of any project labor agreement, it negotiates to which the Association is not a party.

ARTICLE XIX SAVINGS

1. If any provision of this Agreement shall violate any applicable statute, or is held invalid by any court or government agency having jurisdiction, such invalidity shall not affect the remainder of this Agreement.

ARTICLE XX DURATION

1. This Agreement shall become effective June 1, 2017 and shall remain in full force and effect until the 3pt day of May 2021 and shall continue from year to year to thereafter unless written notice that changes or termination are desired is given by either party (the Associations or Party of the First Part, or the Union or the Party of the Second Part) to the other not less than Ninety (90) days prior to the expiration date. An Employer who is not a member of the Party of First Part or has not designated bargaining rights to the Party of the First Part agrees it shall be bound by any further Agreement and/or modifications, renewals, or revisions of the Agreement negotiated between Eastern Contractors Association, Inc., Construction Employers Association of Central New York, Inc. and Bricklayers and Allied Craftworkers Local No.2 NYNT for the multi-employer bargaining unit hereinafter defined, unless it made written notice of termination not less than ninety (90) days prior to the expiration date on the Parties.

ARTICLE XXI WAGE AND FRINGE BENEFIT CONTRIBUTIONS

Section 1. The gross amount (wages and fringes) are as follows for both BAC No.2 and No.3:

INCREASES ALL AREAS ONONDAGA (except Onondaga County) COUNTY

July 1, 2017 $1.45 $1.28

July 1,2018 $1.45 $1.25

July 1, 2019 $1.50 $1.25

July 1,2020 $1.50 $1.25

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Note: $0.25 of the July 1,2017 increase in all areas shall be a contribution to the Upstate Masonry Institute. In Onondaga County, $0.03 of the July 1, 2017 increase shall be a contribution to the International Council of Employers of Bricklayers and Allied Craftworkers (ICE)

Section 2.

ALL AREAS (except Onondaga County) July 1,2007 - June 30, 2018:

Onondaga County July 1, 2017-June 30, 2018

Wages Welfare/Annuity BAC Local Pension BAC IU Pension IPFPPA T &EIIMIlUMI ClAP ICE Local Dues Deduction IU Dues Deduction DBF BACPAC Vacation Total

$36.06 9.65 8.00 OAO 0.17 1.01 0.36 0.03

-1.76 -0.55 -0.10 -0.12 -1.00

$55.68

Distribution of future increases to be determined.

Wages Health Welfare/Annuity BAC IU Pension IPFPPA T &EIIMlIUMI ASP ICE Local Does Deduction IU Dues Deduction DBF BACPAC Total

$31.17 8.25 7.15 3.06 0.30 0.17 0.03

-1.65 -0.50 -0.10 0.04

$50.13

All contractors are encouraged to contact the fund office prior to final payment to any subcontractor on a particular job to determine if the subcontractor has any outstanding obligations to th~ Funds. In any case in which the Employer has not received from the Union or the Funds Office a statement that all fringe contributions have been paid by the subcontractor, the Employer is encouraged to issue final payment to the subcontractor by means of a check payable to both the Funds and the subcontractor.

ARTICLE XXII PREVAILING RATES-HOLD HARMLESS CLAUSE

In the event that the prevailing posted rates and conditions set forth in specifications for governmental or related projects which are subject to prevailing rate statutes are less than the rates and conditions set forth in the Agreement, then the prevailing rates and conditions in the project specifications shall control and rates and conditions in the Agreement shall be superseded.

ARTICLE XXIII MOST FAVORED NATIONS

The Union agrees that if it enters into an agreement with any other contractor or contractors engaged in work covered by this agreement, then such more favorable terms shall immediately be added to and become a part hereof upon either Eastern Contractors Association, Inc. or Construction Employers Association of Central New York, Inc. giving the Union five (5) days' notice in writing of the terms involved.

15

ARTICLE XXIV LABOR-MANAGEMENT

The parties shall meet as a labor-management committee on an as needed basis in a location o:f mutual convenience to discuss issues not properly considered under Article XI.

ARTICLE XXV DRUG TESTING

Section 1. If as a condition of working on a project, drug or alcohol testing is required of the Employee, the appropriate Association and the Union shall meet and develop a project agreement for Drug and Alcohol Testing for that project.

Section 2. The Associations and the Union shall have a special committee to develop a model program on Drug and Alcohol Testing during the life of this Agreement.

Section 3. A. The Bricklayers and Allied Craftworkers Local 2 NY NT has a Member Assistance Program (MAP)

for members (888-880-8222). B. This Agreement does not mandate drug testing, except where specified above. C. The parties are committed to a maintenance of an alcohol and drug free workplace under the

provisions of this Agreement. All employees shall comply with the requirements of all Employer safety/substance abuse policies, Owner substance abuse policies, project safety/substance abuse policies, and all Federal, State, and Local alcohol and drug testing requirements.

D. The policies i'eferenced above will be available to the Union. If testing is required on a project, then the Employer shall pay the cost of the test.

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ARTICLE XXVI PARTIES TO AGREEMENT

BRICKLAYERS AND ALLIED CRAFTWORKERS

LOCALUNIONNO. 2 NYNT Bob Mantello, President

302 Centre Drive Albany, N.Y. 12203

Phone: 518-456-5477 Fax: 518-456-7420

EASTERN CONTRACTORS ASSOCIATION. INC.

Todd G. Helfrich, President and CEO 6 Airline Drive

Albany, N.Y. 12205-1095 Phone: 518-869-0961 Fax: 518-869-2378

CONSTRUCTION EMPLOYERS ASSOCIATION OF CENTRAL NEW YORK, INC.


Syracuse,NY 13206 Phone: 315-437-3717

Fax: 315-473-8053

17

ADDENDUM 1

The Addenda applies to Heavy/Highway work as herein defined: This Addendum shall not apply to any project with a wage schedule attached or where wages are

contained in the bid documents or to any work under a project agreement or traditionally mandatory union environment which provides for acceptance of specific collective bargaining agreements as a condition to bid.

Addendum to cover work with a contract value of $3,000,000 or under. For contracts valued in excess of $3,000,000 a pre bid conference will be held.

The parties agree that the Employer must be signatory to the Heavy and Highway agreement for this addenda to apply. Further, the Employer agrees to notify the union when utilizing this addenda, and agrees that utilization of this addenda is contingent on similar addenda being offered by L.I.U.N.A. and LU.O.E. to theAGC.

Holiday work is double-time. Wage rates for non - public work to be paid will be eight-five percent (85%) of base plus one hundred

percent (100%) fringes as herein listed.

ADDENDUM 2 ECAIBASIC TRADES WORKERS' COMPENSATION PROGRAM

The parties have adopted as a part of this Agreement the ECAIBasic Trades Workers' Compensation Program including the Workers' Compensation Alternative Disputes Resolution Addendum.


18

NON-ASSOCIATION EMPLOYERS SIGNATURE PAGE

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

In consideration of the time, efforts, and sums expended by the Union, Eastern Contractors Association, Inc. and Construction Employers Association of Central New York, the Non-Association Employer and the Union, in the negotiation of the foregoing contract, in consideration of the similar time, effort, and sums expended and to be expended in its administration and further consideration of the mutual promises and obligations of the Union, the Employer agrees:

1. That he/she (it) has read the foregoing collective bargaining Agreement, dated the 15th Day cfMay, 2017, and agrees, as an individual employer to be bound by the interpretations and enforcement of the Agreement. He/she (it) further agrees to provide the Union with signed copies of this Agreement.

2. That he/she (it) waives the right to name or participate in the selection of any management trustee to any and all jointly-trusteed funds provided for in said Agreement, further agrees to accept the trustees now named to these funds as his designate trustees, and agrees to be bound by the provisions of the trust indentures creating the respective funds.

Name of Firm

Signature of Authorized Officer Date

Print Name

Firm Street Address

City, State, Zip

Telephone Fax Number

Email

Signature of Bricklayers and Allied Craftworkers Local 2 NYNT Representative

This Signature Page pertains to all geographic jurisdiction and wages as described in this Agreement.

This Signature Page is to filled out with copies forwarded to: Eastern Contractors Association, Inc., 6 Airline Drive, Albany, NY 12205, Construction Employers Association of Central New York, Inc., 6563 Ridings Road, Syracuse, NY 13206 and Bricklayers and Allied Craftworkers Local 2 NYNT, 302 Centre Drive, Albany, NY 12203.

19

NOTES

20

CARPENTERS

BUILDING

NORTHWEST REGION AGREEMENT

Between

“THE ASSOCIATIONS”

and the

NORTHEAST REGIONAL COUNCIL OF CARPENTERS of the

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

91 Fieldcrest Ave. Raritan Plaza 2, Suite A18

Edison, NJ 08837

June 1, 2016 – May 31, 2021

NORTHWEST REGION AGREEMENT between


representing

Construction Employers Association of Central New York, Inc. 6563 Ridings Road Syracuse, New York 13206 (315) 437-3717 Eastern Contractors Association, Inc. 6 Airline Drive Albany, New York 12205 (518) 869-0961 Construction Industry Association of Rochester, NY, Inc. 180 Linden Oaks Suite 100 Rochester, NY 14625 (585) 586-1580 Construction Industry Employers Association 2660 Williams Street Cheektowaga, NY 14227 (716) 875-4744

Southern Tier Contractors Association 15 Belden Street Binghamton, NY 13903 (607) 771-7000 65 East Main Street Falconer, New York l4733-1336 (7l6) 665-4026 The Building Industry Employers Association of Niagara County, New York 631 Main Street Niagara Falls, NY 14301 (716) 285-9338

and the NORTHEAST REGIONAL COUNCIL OF CARPENTERS

of the UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERICA 91 Fieldcrest Ave.

Raritan Plaza 2, Suite A18 Edison, NJ 08837

TABLE OF CONTENTS PREAMBLE ......................................................................................................................... 1 ARTICLE 1 RECOGNITION ................................................................................................................... 1 ARTICLE 2 SCOPE OF AGREEMENT .................................................................................................. 1 ARTICLE 3 GEOGRAPHICAL JURISDICTION.................................................................................... 2 ARTICLE 4 UNION SECURITY ............................................................................................................. 2 ARTICLE 5 ASSOCIATIONS SECURITY ............................................................................................. 2 ARTICLE 6 WORK IN OTHER AREAS ................................................................................................. 3 ARTICLE 7 GRIEVANCE AND ARBITRATION PROCEDURES ....................................................... 3 ARTICLE 8 HOURS OF WORK AND OVERTIME ............................................................................... 4 ARTICLE 9 SHIFT WORK ...................................................................................................................... 4 ARTICLE 10 OCCUPIED PREMISES ....................................................................................................... 5 ARTICLE 11 HOLIDAYS .......................................................................................................................... 5 ARTICLE 12 WAGE PAYMENT .............................................................................................................. 5 ARTICLE 13 CALL-IN PAY & DISCHARGE .......................................................................................... 6 ARTICLE 14 PRE-APPRENTICES & APPRENTICES ............................................................................ 6 ARTICLE 15 HOURLY WAGE AND FRINGE BENEFIT SCHEDULE ................................................. 7 ARTICLE 16 FRINGE BENEFITS ............................................................................................................. 7 ARTICLE 17 BONDING ............................................................................................................................ 9 ARTICLE 18 DUES CHECK-OFF ............................................................................................................. 9 ARTICLE 19 STEWARDS ....................................................................................................................... 10 ARTICLE 20 MOBILITY OF MANPOWER ........................................................................................... 10 ARTICLE 21 JOBSITE FACILITIES & CONDITIONS ......................................................................... 11 ARTICLE 22 TOOLS ................................................................................................................................ 11 ARTICLE 23 SUBCONTRACTING ........................................................................................................ 12 ARTICLE 24 PROCEDURE FOR APPYING FOR WAIVER OF SUBCONTRACTING ..................... 13 ARTICLE 25 MOST FAVORED NATIONS ........................................................................................... 14 ARTICLE 26 ONE-TIME AGREEMENT ................................................................................................ 14 ARTICLE 27 SAFETY & SUBSTANCE ABUSE & BACKGROUND CHECKS ................................. 15 ARTICLE 28 ALTERNATE DISPUTE RESOLUTION .......................................................................... 15 ARTICLE 29 UNION MEMBERS CONTRACTING WORK ................................................................ 15 ARTICLE 30 BAN ON PIECE WORK & LUMPING WORK ................................................................ 15 ARTICLE 31 JURISDICTIONAL DISPUTES ......................................................................................... 16 ARTICLE 32 NON-DISCRIMINATION ................................................................................................. 16 ARTICLE 33 APPLICATION OF AGREEMENT ................................................................................... 16 ARTICLE 34 HOUSING AND REHABILITATION............................................................................... 16 ARTICLE 35 SMALL COMMERCIAL ................................................................................................... 17 ARTICLE 36 MAINTENANCE AGREEMENT FOR INDUSTRIAL FACILITIES .............................. 17 ARTICLE 37 MILLWRIGHT ................................................................................................................... 17 ARTICLE 38 PILEDRIVING ................................................................................................................... 17 ARTICLE 39 DIVING .............................................................................................................................. 18 ARTICLE 40 PREVAILING RATES-HOLD HARMLESS CLAUSE .................................................... 19 ARTICLE 41 ADMINISTRATION AND SAFETY PROGRAMS ......................................................... 19 ARTICLE 42 VALIDITY .......................................................................................................................... 20 ARTICLE 43 DURATION AND TERMINATION ................................................................................. 20 APPENDIX A Local 291 ............................................................................................................................. 21 Counties of Albany, Clinton, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington .................................................................... 21 APPENDIX B Local 277 ............................................................................................................................. 23 Counties of Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego and St. Lawrence .. 23 APPENDIX C Local 277 ............................................................................................................................. 25 Counties of Cayuga, Seneca and Yates .............................................................................................. 25

APPENDIX D Local 277 ............................................................................................................................. 26 Counties of Broome and Tioga ........................................................................................................... 26 APPENDIX E Local 277 ............................................................................................................................. 32 Counties of Chemung, Cortland, Schuyler, Steuben, Tompkins ........................................................ 32 APPENDIX F Local 277 ............................................................................................................................. 34 Counties of Chenango, Delaware, Otsego .......................................................................................... 34 APPENDIX G Local 276 ............................................................................................................................. 41 County of Erie, Townships of Persia and Perrysburg in Cattaraugus County .................................... 41 APPENDIX H Local 276 ............................................................................................................................. 47 Counties of Genesee, Niagara, Orleans and Wyoming (except for the townships of Castile, Gainesville, Genesee Falls, Perry, Pike and Warsaw) ........................................................................ 47 APPENDIX I Local 276 ............................................................................................................................. 50 Counties of Allegany, Chautauqua and Cattaraugus (except for the Town of Perrysburg and the Village of Gowanda in Town of Persia) ............................................................................................. 50 APPENDIX J Local 276 ............................................................................................................................. 53 Counties of Livingston, Monroe, Ontario and Wayne, and the townships of Genesee Falls, Castile, Perry, Warsaw, Gainesville and Pike in Wyoming County ................................................................ 53 APPENDIX K Collections Policy ............................................................................................................... 56 SIGNATURE PAGE ........................................................................................................... 64 NON-ASSOCIATION EMPLOYER SIGNATURE PAGE .............................................. 65 NON-ASSOCIATION EMPLOYER SIGNATURE PAGE .............................................. 66

– 1 –

PREAMBLE This Agreement, herein after referred to as “the Agreement,” is entered into in order to forge a long-term partnership that will promote stability between the Union, and Employer to facilitate the peaceful adjustment of grievances and disputes between the Employer and the Union and its members; to prevent waste, unnecessary and avoidable delays, strikes and lockouts and the results through them to the Employer of cost and expense, and to the Employees covered hereby of loss of wages; to enable the Employer to secure at all times sufficient force of skilled carpenters; to provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon, and by reason of the Agreement and to the purpose and intent thereof, to bring about stable conditions in the industry, keep costs of work in the industry as low as possible, consistent with fair wages and proper working conditions as provided for here under. The Union agrees to work with the Employers to formulate a world class quality attitude and program.

ARTICLE 1 RECOGNITION

The Agreement is entered into by the Associations/Employer on behalf of their designating members who employ or may employ unit employees and The Northeast Regional Council of Carpenters, and of the United Brotherhood of Carpenters and Joiners of America, or any successor Council, hereafter referred to as the "Union". The Union recognizes the Associations as the exclusive bargaining representative of all designating members of the Associations. The Associations recognize the Union as the exclusive bargaining representative for all employees covered by the Agreement. The parties agree that the collective bargaining unit covered by the Agreement is a single multi-employer bargaining unit consisting of employers represented by the Associations that are bound to the Agreement, including any individual employers who are not members of the Associations but who sign the Agreement or agree to be bound to it. The Union recognizes the Associations as authorized to act in collective bargaining negotiations for all their designating members and for non-member employers who agree to the Agreement. The Employer recognizes the Union as the exclusive bargaining agent under section 9(a) of the National Labor Relations Act for all of its full-time and regular part-time journeymen and apprentice Carpenters within the contractual bargaining unit. Excluding office clerical employees, guards and supervisors, journeymen and apprentice carpenters performing heavy and highway work or work covered by shop agreements.

ARTICLE 2 SCOPE OF AGREEMENT

Section 1. The Agreement shall cover on-site commercial, industrial, and institutional work and the wages and conditions set forth for such work. The Agreement also covers all work in connection with sewage disposal, water and waste water treatment, reservoirs, marinas and all work on any site where building is involved. Any buildings on Heavy Highway projects that have a roof and exterior walls will be built at the Building Rate, including footers and foundations. Exception: Lift and pump stations (buildings) for the movement or treatment of sewage will be completed at the Heavy Highway rate. Any facilities specifically established to service an individual project shall be covered by the Agreement.

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Section 2. Heavy & Highway Agreements of the Union are separate and apart from this Agreement. For the counties of Chenango, Delaware, Erie, Niagara, Orleans, Otsego, Genesee and Wyoming (except for the townships of Castile, Gainesville, Genesee, Genesee Fall, Perry, Pike and Warsaw), see appendices. Section 3. Shop Agreements of the Union are separate and apart from the Agreement.

ARTICLE 3 GEOGRAPHICAL JURISDICTION

The Agreement covers the jurisdiction of all of the counties of Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Wayne, Washington, Wyoming and Yates.

ARTICLE 4 UNION SECURITY

Section 1. It shall be a condition of employment that the employees of any employer covered by the Agreement who are members of the Union in good standing on the effective date of the Agreement shall remain members in good standing and those who are not members in good standing on the effective date of the Agreement, or who are hired on or after its effective date, shall, on the 8th day following its effective date, or the 8th day following the beginning of employment (whichever is later) become and remain members in good standing. Section 2. In consideration of the foregoing, the Union agrees to supply competent, skilled and qualified journeypersons and apprentices to the Employer upon his/her request, to perform work coming within the trade, craft and geographical jurisdiction of the Union, and to continue to provide training in accordance with Federal and State mandates. Section 3. It is agreed that employees covered by the Agreement will not perform work for non-signatory Employers, except for area standards campaigns. Section 4. The Union shall be allowed to visit the jobsites of the Employer. Employers will assist in obtaining clearance into plant facilities for access to the jobsite for the Union, if possible. Section 5. The Union agrees to obtain insurance certificate(s) and indemnification if required by the owner for the project prior to conducting site visits.

ARTICLE 5 ASSOCIATIONS SECURITY

Section 1. Each Association shall be the bargaining unit for all Employers in its geographic region bound by the Agreement. Section 2. No modification, variation, or waiver of any term or provision herein shall be valid unless agreed upon in writing by both the affected Associations and the Union. Section 3. The affected Associations shall be a party to any and all local negotiations regarding Project Labor Agreements when the Union is involved, provided the Owner agrees.

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Section 4. The Associations shall furnish lists of all existing and newly designated carpentry contractors to the Union.

ARTICLE 6 WORK IN OTHER AREAS

The Employer agrees that if it performs any work covered under any collective bargaining agreement of the Union. within the Union’s territorial jurisdiction as of June 1, 2016 (New York State– excluding New York City; New Jersey; Pennsylvania – only the counties of Berks, Bucks, Carbon, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton and Philadelphia; Delaware; and Maryland – excluding the counties of Alleghany, Garrett and Washington), the Employer shall be bound to the terms and conditions of those agreements applicable to the construction site location where said work is being performed as if it were signatory to the applicable agreement for the duration of the work; said employer shall have no continuing obligation under any terms of the collective bargaining agreement, which shall cease to exist upon the Employer’s termination of work in the area and all wages and fringes must be paid in full. Said Employer shall have no obligation under any terms of the collective bargaining agreement at any other jobsite in the area, other than the construction location where work is being performed. This article specifically excludes any reference and the employer will not be bound to section 9(a) of the National Labor Relations Act if included in the local agreement outside the Geographic Jurisdiction Article above, covered by the Agreement. It is not granting recognition based on any proof of majority status by the Union, as it is not contemplated that such proof will be provided. Nothing herein shall prevent granting recognition hereafter in accordance with the National Labor Relations Act. Additionally, for areas outside of New York State, any agreement clauses containing “Construction Manager” or any related applications, “Alter Ego,” or “Preservation of Work” provisions/language shall not apply except at the location of the project.

ARTICLE 7 GRIEVANCE AND ARBITRATION PROCEDURES

Section 1. During the term of the Agreement, any question relating to its interpretation or any dispute arising from any provisions shall be subject to the following grievance and arbitration procedure, it being understood that this clause shall not be used for the purpose of determining subjects relating to trade jurisdictions. a. The Job Steward shall attempt to resolve the dispute on the job with a senior representative of the Employer.

b. In the event that the dispute is not resolved by Step (a), a Council Representative and a Representative of the Association/Contractor shall meet within two (2) business days and attempt to settle the dispute. c. Should Step (b) not resolve the issue in dispute within five (5) business days, the two parties to the Agreement shall each appoint equal numbers to form a Joint Committee to hear the dispute and a decision by a majority of the Joint Committee shall be final and binding on the parties.

d. In the event that the Joint Committee is unable to decide the dispute within fifteen (15) business days, either party may request arbitration by submitting in writing, with a copy to the other party, a request to the American Arbitration Association (AAA) for a list of arbitrators, one of whom shall be selected by the Joint Committee following AAA guidelines. The decision of the Arbitrator shall be final and binding on all parties concerned. The expenses of the arbitrator shall be borne equally by the two parties to the Agreement.

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Section 2. During the term of the Agreement, and during the period of hearing grievances and arbitration, neither party shall order or sanction any lockout, strike or other work stoppage or slowdown.

ARTICLE 8

HOURS OF WORK AND OVERTIME Section 1. The first five (5) days, Monday through Friday inclusive, shall constitute a working week. The normal work day shall consist of eight (8) hours plus one-half (1/2) hour unpaid for lunch. The lunch period should be scheduled at approximately the midpoint of the shift. The starting time shall be between the hours of 6 a.m. and 9 a.m., set by the Employer and shall not be changed from day to day. This start time may be changed by mutual agreement of the parties. Section 2. Work performed before or after the above specified hours and on Saturday shall be paid on a time and one half (1-1/2) basis or after the employee has worked more than eight (8) hours in a day or 40 hours during the work week. All work performed on Sundays and recognized holidays shall be paid on a double time basis. Saturday is also payable at the straight time rate if the employee misses work, except where a doctor’s or hospital’s verification of illness is produced Monday through Friday when work was available to the employee. The intent is to challenge the abuse of some employees missing work Monday through Friday intentionally and then going back to work for time and one half (1-1/2) pay on Saturday. This does not apply to new employees hired during the work week. Section 3. It shall be the intent of the Agreement that work shall be restricted to 40 hours per week except in case of emergency, or to meet the project schedule. Section 4. If the nature of the overtime is such that the regular lunch period must be worked, then the men shall receive an additional one-half (1/2) hour pay at the appropriate overtime rate. Section 5. To the extent permitted by law, the work week may be four days in duration (Mon. – Thurs.) with each day consisting of ten (10) hours worked at the straight-time rate. Any work performed outside these limits would be at the appropriate overtime rate. It is the intent of the parties that a 4-10s schedule shall be for a minimum of four (4) days in a row. Where a 4-10s schedule is worked, Friday shall be allowed as a make-up day. If, however, weather prohibits work on Friday, Saturday is allowed as a make-up day, but will be worked at the appropriate overtime rate. Section 6. Make-up day is on Saturday in the week in which a day or days are lost due to inclement weather. Pay for this make-up day will be straight time, it being understood that work on this day is voluntary on the part of the employees and that further, all Employees working on the job be given the same opportunity to work. No discriminatory action will be taken against any employee who declines said work.

ARTICLE 9 SHIFT WORK

Section 1. The following schedule is applicable to two (2) or three (3) shifts per day: 1st Shift: Regular Rate 2nd Shift: Premium of 7% of base wage per hour 3rd Shift: Premium of 14% of base wage per hour Section 2. Ten (10) or Twelve (12) Hour Shifts:

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(a) One or two shifts may be employed in a twenty-four (24) hour period, seven days per week, with prior notification to the Union, paying the appropriate wages and fringe benefits.

(b) All Employees working more than ten (10) hours will receive an additional one-half (1/2) hour paid lunch period.

(c) The Employer need not balance the shift size. (d) Shifts may overlap at the Employers option. (e) The first shift will not start earlier than 6:00 AM unless prior Union approval is obtained. (f) When two (2) shifts are worked, the second shift shall be considered, for payroll purposes, as

having been worked in their entirety on the same day on which the first shift started. Section 3. Any work outside the regular shift shall be at the respective overtime rate. No employee shall be permitted to work two shifts except foremen or welders. (Starting time can be changed by mutual consent.) Each shift shall have a one-half (1/2) hour unpaid lunch period. Section 4. Shift work must continue for a minimum of three (3) consecutive days, unless prior Union approval is obtained. Section 5. Shift work shall be defined as implementing at least two (2) shifts in a twenty-four (24) consecutive hour period. Section 6. It is understood that there is no guarantee, that on any given day, one shift might vary due to weather, equipment breakdown, or changes in operation schedule, provided notice is given two hours prior to the beginning of the shift.

ARTICLE 10 OCCUPIED PREMISES

A shift may be worked in any occupied building, outside of the regular work hours, at the straight time hourly rate, excluding Saturdays, Sundays and Holidays. This requires mutual agreement of the parties unless specified by the bid documents or owner mandates. The Employer is to notify the Union when this work will occur.

ARTICLE 11 HOLIDAYS

The recognized holidays for the term of the Agreement, for which overtime rate shall be paid, if worked, is as set forth: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. Any holiday which occurs on Sunday shall be observed the following Monday. If Christmas falls on a Saturday, it shall be observed on the prior Friday.

ARTICLE 12 WAGE PAYMENT

Wages shall be paid weekly on the job before the end of the shift, on the regular payday. Such wages are to be paid in lawful money, redeemable at a local financial institution. No more than four (4) business days pay shall be withheld from the employee(s) on pay day. Pay envelopes or check stubs shall show the employers name and address, employees name, the hours worked, and the amount of payment enclosed. Any deductions from wages, including payroll deductions, now or hereafter required, shall also be marked on the pay envelopes or check stubs. Waiting time is to be charged until wages are received, not to exceed eight (8) hours. Any variation from the above, due to clerical or unforeseen circumstances, will be discussed between the Union and the Employer prior to any penalty being assessed. For mailed checks, postmark or other receipt is proof of timely payment.

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ARTICLE 13 CALL-IN PAY & DISCHARGE

Section 1. No new Employee shall be sent out on any given day for less than eight (8) hours work. When the Employer instructs an Employee to report for work and does not employ said Employee, the Employer shall pay two (2) hours applicable wages, except if unable to employ said Employee because of inclement weather, utility failure, strike, riot or civil disturbance. Section 2. Under no circumstances will the Union send out a carpenter whom the Employer has discharged for cause, provided the Employer has filed an appropriate letter with the Union that the carpenter is not for re-hire. Section 3. When an Employee has been discharged, he/she shall upon discharge, be given cause, and shall receive a one (1) hour notice with pay. The Employer, at his/her discretion, may discharge the Employee at the end of the regular hours of work. In this case, the Employee shall receive one-half (1/2) hour pay at the applicable overtime rate. He/she shall be paid in full on the next regular business day. For mailed checks, postmark or other receipt is proof of timely payment.

ARTICLE 14

PRE-APPRENTICES & APPRENTICES Section 1. Pre-Apprentices and Apprentices shall be paid the following rates and fringe benefits (Health, Pension, Annuity): Indentured prior to January 1, 2016 Pre-Apprentice: $11.50 per hour with current health contribution only 1st Level Apprentice: 50% of base rate with current health contribution, $1.15/hr Pension 2nd Level Apprentice: 60% of base rate with current health contribution, $1.15/hr Pension 3rd Level Apprentice: 70% of base rate with current health contribution, $2.25/hr Pension, $1.50/hr Annuity 4th Level Apprentice: 80% of base rate with current health contribution, $2.25/hr Pension, $1.50/hr Annuity Indentured after January 1, 2016 Pre-Apprentice: $11.50 per hour with current health contribution only 1st Level Apprentice: 50% of basic rate with current health contribution, $1.15/hr Pension 2nd Level Apprentice: 60% of basic rate with current health contribution, $1.15/hr Pension 3rd Level Apprentice: 65% of basic rate with current health contribution, $2.25/hr Pension, $1.50/hr Annuity 4th Level Apprentice: 70% of basic rate with current health contribution, $2.25/hr Pension, $1.50/hr Annuity 5th Level Apprentice: 80% of basic rate with current health contribution, $2.25/hr Pension, $1.50/hr Annuity The total health contribution shall be the same as the total health contribution in Broome County for all apprentices located in all counties. Section 2. Ratios of Journeypersons to Apprentices shall be 3:1, unless specified differently by the New York State Department of Labor. Section 3. The Employer is allowed to use Pre-Apprentices at a ratio of one (1) Pre-Apprentice to three (3) Journeymen for the first Pre-Apprentice, and one (1) Pre-Apprentice to six (6) Journeymen for additional Pre-Apprentices. Pre-apprentices shall be enrolled as applicants for future openings in the apprenticeship program. The Northeast Carpenters Apprenticeship Fund and the Employer shall evaluate the Pre-Apprentice for such openings during his/her six (6) months of employment. Pre-Apprentices may be used on all projects to the extent permitted by law.

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Section 4. Employers will comply with pre-apprentice and apprentice ratios on a by-job or per-firm basis in compliance with the New York State Department of Labor.

ARTICLE 15

HOURLY WAGE AND FRINGE BENEFIT SCHEDULE See wage charts in appropriate area appendices. Fringe benefits are only paid on hours worked. Exception: When working inside the secure area of nuclear power plants, benefits are paid on hours paid. Foremen & General Foremen See appropriate appendices for premiums Section 1. All Carpenters shall receive orders only through the Carpenter Foreman, if one is employed. Section 2. When six (6) or more Carpenters or Millwrights are employed on a job, the Employer shall designate one as foreman. Section 3. No Carpenter foreman shall have more than twenty (20) Carpenters/Apprentices under his/her supervision. Section 4. When three (3) carpenter foremen are employed, the fourth (4th) shall be a General Foreman. When an Employer employs a General Carpenter Foreman on a job, he/she shall receive the amount specified in the appropriate area appendices. Hazardous Waste Worker When an employee covered by this Agreement performs work within a contaminated area on a hazardous waste site, that is State and/or Federally designated as such, and where relevant State and/or Federal regulations require employees to be furnished with and those employees use or wear required forms of personal protection, then in such case an employee shall receive his/her regular hourly rate plus $1.50 per hour. Certified Welders (DOT, ABS) Certified welders shall receive $1.00 per hour over the appropriate (journeyman or apprentice) rate of pay when the employee is required to be certified and performs DOT or ABS specified welding work. If the Employee spends any part of the day welding, the Employee shall receive welder’s rate of pay for the entire day.

ARTICLE 16

FRINGE BENEFITS Section 1. The Employer agrees that it shall make fringe benefit contributions in the amounts set forth in the Hourly Wage and Fringe Schedule (by counties) set forth in Articles 14, 15 and 41, and the appendices of this Agreement to those fringe benefits funds designated below in Section 8 (“Funds”) by the Associations and the Northeast Carpenters Union. In the event that the Association(s) and the Union agree upon change(s) in the designation of Funds in Section 8 and/or the Carpenters International Training Fund in Section 9 during the term of this Agreement, written notice of such change will be given to each Employer and Association and each affected Fund at least thirty (30) days prior to the effective date of such change. In the event the Funds Office implements an electronic/online mechanism for remittance information and payments, Employers will be encouraged to do so.

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Section 2. The Council, upon prior discussion and direction of the Board of Trustees and in accordance with the trust documents of the affected funds, shall have the right to allocate, or to reallocate at the appropriate times, those wages and contributions properly attributable to those Funds provided the purpose of such Funds is similar. It is recognized that the specific fringe benefit funds and method of remittance, (the "Fund" or "Funds") to receive contributions may be changed during the term of this Agreement where a specific Fund has been merged or consolidated into another Fund of similar purpose. Section 3. The Employer shall be bound by and shall comply with the Trust Agreements, plans and/or rules, policies and regulations of the applicable Funds, including the Funds’ Joint Policy for the Collection of Delinquent Contributions (“Collection Policy”), as may be amended from time to time, to the extent not inconsistent with this Agreement. A copy of the Funds' Joint Collection Policy effective as of March 11, 2013 is attached to this Agreement. Section 4. (a) Under this policy, all contributions that require monthly remittance must be received by the respective Fund Office on or before the 15th day of the month following the month during which the hours were worked by the employee. If payment is not received by the Fund Office by the 1st day of the month following the due date the Employer shall be deemed delinquent. (b) Under this policy, all contributions that require weekly remittance must be received by the respective Fund Office by the end of the week that the hours were worked by the employee. If payment is not received by the Fund Office within five (5) business days after the end of the pay week, the Employer shall be deemed delinquent. Section 5. The Employer agrees that, should it become delinquent in any of its obligations to any Fund, as set forth in this Agreement, it shall be liable for such penalties and costs as may be provided for by the Trust Agreement, resolution and Collection Policy of the respective Fund(s), including, but not limited to, interest, liquidated damages, and costs of collection including attorney’s and accounting fees. Section 6. The Employer acknowledges and agrees that the Funds shall be authorized to cause audits to be made of the payroll, wage and other records of the Employer as the Funds shall deem necessary to determine whether and to what extent the Employer has made the contributions specified in this Agreement, as provided in the Trust Agreement, resolution and Collection Policy of the respective Fund(s). Section 7. The Union shall have the right to remove from all work sites in any area within the geographic jurisdiction of the Council, all employees from the employ of any employer who is fifteen (15) days or more delinquent in the payment of all monies determined to be due to the funds. If the Union does remove the employees, they shall not be obligated to again furnish employees to any of the employer’s work sites in any area within the geographic jurisdiction of the Council, unless and until all contributions have been made as required. Where such action is necessary as a result of the delinquency of any employer in the payment of wages or fringe benefits as set forth elsewhere in this Agreement, such delinquent employer shall be required to pay the affected employees wages and fringe benefits for each day, as directed herein, for a period not to exceed three (3) days prior to returning to employment for such employer. If it has been determined that an employer is delinquent, said employer will be assessed liquidated damages, accountant fees and attorney fees as provided in the Funds’ Collection Policy. Section 8. The designated Funds are listed below. See individual appendices for amounts. All Counties remit to: NORTHEAST CARPENTERS WELFARE FUND NORTHEAST CARPENTERS ANNUITY FUND

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NORTHEAST CARPENTERS PENSION FUND NORTHEAST APPRENTICESHIP FUND Section 9. CARPENTERS INTERNATIONAL TRAINING FUND In addition to any contributions otherwise called for herein, the parties agree that the Employer shall make a contribution of ten cents ($.10) per hour worked for each employee covered by this Agreement to the Carpenters International Training Fund on or before the 15th day of the month following the month of the work performed. The Employer hereby agrees to be bound by the Agreements and Declarations of Trust for the Carpenters International Training Fund as they exist and as they may be amended or restated, and to such rules, regulations and other governing documents adopted pursuant to such Trusts. Upon request the employer may receive the latest annual report prepared for the Carpenters International Training Fund. Section 10. CARPENTER CONTRACTOR TRUST OF NY/NJ Section 1. In addition to any contributions otherwise called for herein, the parties agree that the Employer shall pay to the Carpenter Contractor Trust of NY/NJ (CCT) the amount shown in the individual appendices. The CCT is a labor-management trust established to market and promote union carpenters and contractors.

ARTICLE 17 BONDING

Section 1. One of the following two options will be mandatory for all signatory Employers performing work within the jurisdiction. (a) Every Employer must secure a payment bond of $75,000.00 and submit a copy to the Fund Office where work is being performed at the same time as the signed contract is produced. It will be the responsibility of the respective Fund Office to ensure compliance. (b) In lieu of a $75,000.00 bond, an Employer will pay benefits on a weekly basis. All manpower will be pulled if Employer fails to either submit a bond or pay benefits on a weekly basis. If the Fund Trustees request that manpower be pulled, the Union shall do so. Section 2. Where there has been an audit of an Association member, and no significant deficiency has been found within twelve (12) months preceding the audit, the Association member shall not be required to be bonded. Section 3. All Employers bound to this agreement through a Project Labor Agreement (PLA) shall be subject to the above bonding requirements.

ARTICLE 18

DUES CHECK-OFF Section 1. The Employer agrees to deduct from the basic wage rate of employees covered by the Agreement, an amount as shown in the wage schedule for a dues check-off. Deductions will be made and submitted to the respective Fund Office in the area where the Employer is working. The Union has the option of increasing or decreasing the dues deduction, with thirty (30) days written notice to Employers and Associations. Section 2. Executed copies of Dues Check Off Authorization Forms will be kept on file by the Union, with a copy provided to the Employer upon request.

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Section 3. The Union will indemnify and hold the Employer harmless against any and all claims, demands, or other forms of liability which may arise out of, or by reason of any action taken, or not taken, by the Employer at the request of the Union, in accordance with the provisions of this Article.

ARTICLE 19 STEWARDS

Section 1. On all jobs that employ less than five (5) carpenters, the Union shall have the right to appoint the working Union-certified steward from the carpenters in the crew. If no one accepts the position or is not a Union-certified steward, one will be appointed by the Union. On all jobs that employ five (5) carpenters or more, the Union shall have the right to appoint a working Union-certified steward from the hall. The Union will promptly notify the Employer by email of the appointment of the steward. The steward will be allowed a reasonable period of time to perform his/her duties. He/she shall not have the right to waive, change, or modify any of the terms of the Agreement. He/she shall remain on the job as long as or whenever work is being performed directly by the Employer, except under the following circumstance: “If the project advances to a point where only one Employee is needed, he/she shall be the foreman.” In the event the Employer needs an additional Employee(s), the steward will be recalled first, provided he/she is qualified to perform the work or another qualified Union-certified steward will be appointed by the Union. Should this Section be violated, the Employer will be given notification and will be subject to penalty pay for the steward’s lost time. Disputes under this Section will be referred to the Grievance and Arbitration Procedure. Section 2. The Steward shall be employed whenever any work covered by the Agreement is being performed, provided he/she is qualified to perform such work. Section 3. It is specifically understood that the Steward shall have no authority to threaten or encourage work stoppage or work slowdowns. To threaten, encourage or cause such action shall be grounds for discharge. Section 4. The Union will inform the Employer of the name of the Steward that has been appointed to individual projects. Section 5. The Union shall notify the Employer and Associations whenever jobsite actions are anticipated to take place that may affect the jobsite.

Section 6. The Employer shall make reasonable efforts to notify the Union prior to or on the start date of any project requiring bargaining unit employees, except emergency jobs or those lasting five (5) days or less. Notification shall be by email sent to the Union office that covers the territory that the project is located in. The Union shall supply the Employer with a list of Union office email addresses and the corresponding territories they cover.

ARTICLE 20

MOBILITY OF MANPOWER A signatory Employer’s workforce shall be afforded full mobility throughout the entirety of the Union as long as said workforce is from the Council, excluding Stewards if the crew is five (5) or more.

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ARTICLE 21 JOBSITE FACILITIES & CONDITIONS

Section 1. When conditions warrant, a weather tight building or room large enough to accommodate the Employees, for use as a shelter, shall be provided. This building or room shall be provided with heat and sufficient lighting for use during the Employees' lunch period. Section 2. When ordering manpower, it will be the Employers responsibility to inform the Union of the duties that the carpenter will be performing. Section 3. Comfort station(s) will be provided to conform with the local health laws. Section 4. Cool fresh drinking water shall be available on the job-site at all times. If it is necessary to provide ice to retain the coolness of water, it will be so required of the Employer. Section 5. Employees shall be permitted a ten (10) minute coffee break, approximately midpoint between the starting time and the lunch break, at their work station. Section 6. All carpenters shall have five (5) minutes at noon and five (5) minutes at night for the purpose of picking up their tools and securing them. Section 7. The Employer shall see that a First Aid Kit is furnished on the jobsite and that the same shall be kept completely supplied with the necessary medical equipment. Section 8. In case of an injury to any Employee covered by the Agreement, the Employer shall insure that the Employee is properly cared for and is given first aid at the jobsite and, if seriously injured, the Employer shall insure that ambulance service is provided to the hospital, or car service to the injured Employee’s home. If the injured Employee must remain at home or in the hospital, he/she must be paid for the balance of the workday. Section 9. The Employer shall supply the necessary raingear and boots when conditions warrant their use. This raingear shall remain the property of the Employer and must be returned upon request, or in the absence of a request at no later time than the Employees termination of employment. The Employee shall be financially responsible for the equipment not returned, not to exceed $25.

ARTICLE 22 TOOLS

Section 1. No Employee covered by the Agreement shall be allowed to furnish straight edges, mitre boxes, levels over 48", saw horses, benches, hand screws, ladders, battery operated tools, or power tools of any kind or description on any construction job. Employees shall not be allowed to lease or rent any of the above mentioned articles. No employee of the craft shall lease or rent the use of his/her car, truck, or power equipment to any employer. Section 2. The Employer agrees to furnish all welding equipment, including hats, hoods, glasses, gloves, etc., in accordance with OSHA. Section 3. The Employer will furnish utility knife blades, chalk, hacksaw blades, keel, drill bits, and taps. Section 4. All special tools and/or equipment of any nature shall be furnished by the Employer. Section 5. The Employer shall furnish all files and grinders. All filing and sharpening of Employees saws shall be the responsibility of the Employer.

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Section 6. The Employee shall provide all hand tools of the trade to perform the required assignments. Section 7. When carpenters tools are left in a secured room or gang box, the Employer shall be responsible for loss of same by fire or theft by forcible entry in a maximum amount of $500.00. This provision is subject to presenting an itemized list of tools, at the time of hire, upon the Employers request. The Employer reserves the right to verify such tool list before acceptance. The Employee must make claim of tool loss within two (2) business days from time of the event. Section 8. There shall be no restrictions of time-saving tools, provided health and safety are not endangered.

ARTICLE 23

SUBCONTRACTING Section 1. The Employer agrees that when subcontracting work covered by the Agreement, which is to be performed within the geographical area covered by the Agreement, and at the site of construction, alteration or repair of a building, structure, road or other work, it will subcontract such work to a signatory Employer who is a party to the Agreement. However, the signatory Employer shall not require the Subcontractor to change jurisdictional assignments or historic practices of his/her trade or company in this geographical area (for example, where the company’s employees are represented by another union in this geographical jurisdiction). The Union recognizes that non-union contractors have secured an increasing percentage of the construction market and that there may be situations where suitable and signatory subcontractors are not available or do not quote a price prior to bid. Additionally, In such situations where the Employer has limited control or the Owner has input in the selection of subcontractors (Employer will supply evidence upon request) In such situations where the Employer has no contract with the subcontractors In such situations where Owner provisions require D/M/WBE participation Where any of these are the case, the Employer shall be relieved of the requirements to sublet to subcontractors subject to the Agreement. In this case, every effort will be made to arrange a pre-job conference between the Union and the subcontractor. Section 2. If it is found that a signatory Subcontractor is not complying with providing the wages, hours, fringe benefits and working conditions of the Agreement, the Union shall give the signatory Employer two (2) business days’ notice in writing that the Subcontractor is in non-compliance. Upon such notification, the signatory Employer shall be responsible for payment to such Subcontractor’s employees for wages, fringe benefits, and for providing conditions of the Agreement as of the date of written notice. It being understood and agreed that this is the sole remedy available, and that no punitive damages shall be demanded. Section 3. The Union, the Association, and the signatory Employer agree that this subcontracting clause can only be enforced by the Union through the grievance and arbitration provisions of this contract and, if necessary, appropriate court action to enforce a grievance or arbitration award. It is specifically agreed by the Union that it will not take any economic or jobsite actions to enforce said clause or any grievance

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awards, arbitration awards, or court orders or judgments, pertaining to this subcontracting clause or violations of it by the signatory Employer. Section 4. Upon written request to the Employer’s home office, the Employer shall furnish the names of all awarded carpenter subcontractors to the Union. Section 5. See Appendix H (Local 276) for additional rules.

ARTICLE 24 PROCEDURE FOR APPYING FOR WAIVER OF SUBCONTRACTING

Section 1. It is understood that there may be instances when suitable and competitive union subcontractors may not be available to bid certain subcontracts. In such instances, the Employer and/or the Association will notify the Union at least one (1) week prior to the bid, and the Union will endeavor to locate suitable and competitive subcontractors to bid the work. If the Employer and the Union are unable to locate such subcontractors, it is understood and agreed that the Employer will be relieved of the subcontracting clause for such subcontracts, provided that the following procedures are adhered to: (See Sections 2, 3 and 4 below for geographic applicability and instructions.) The procedures are as follows: (1) The Employer will notify the Union of the name, address, phone number, and principal or contact person of the non–signatory subcontractor selected and facilitate a meeting when requested in a timely manner prior to the commencement of work. (2) The Employer agrees to insert language as follows into each subcontract and provide proof when requested: (a) Subcontractor must carry Workmen’s Compensation Insurance and N.Y.S. Disability Insurance through an insurance carrier approved and listed with the State Compensation Board, in addition to N.Y.S. Unemployment Insurance. Proof of such coverage must be provided before the award. (b) Subcontractor will comply with state and federal laws and regulations regarding withholding taxes and classification of employees and/or independent contractors. Failure to comply with either (2A) or (2B) could result in termination of subcontract in accordance with the termination clause of the contract. (3) Any disputes relative to this Article will be resolved by a meeting and/or discussion between a representative of the Employer and the Union, and if available, the Association. If the dispute is not resolved by the above, then any dispute relative to this understanding will be resolved by a four (4) person committee that consists of an Association representative, a representative from the Employer, the Executive Secretary-Treasurer of the Northeast Regional Council of Carpenters, or his designee, who shall be chairman of the committee, and a representative of the respective Local. The chairman shall convene the committee within seventy-two (72) hours. Any decision of the panel shall be by majority vote and shall be final and binding on the parties’ signatory to this Agreement, for that respective project. All Associations shall receive a copy of any decision rendered by the panel. If there is a violation determined, then the violator shall lose the use of this Procedure for one year. If a second violation is determined, the violator shall lose the use of this procedure for two (2) years or the duration of the agreement, whichever is shorter. If a third violation is determined, the violator shall lose the use of this procedure for three (3) years. (4) This Article, Procedures for Applying for a Waiver of Subcontracting, will be in force and effect for the duration of this Agreement. (5) This Article, Procedures for Applying for a Waiver of Subcontracting, shall only be available to signatory Employers when performing a prime or general construction contract or letting a primary subcontract. Such general or prime contract shall be defined as those contracts between the

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Contractor/Employer and the project Owner which included in the contract scope of work three (3) or more CSI (Construction Specification Institute) technical specifications sections, covered under this Agreement, except that a combination of the following specification sections shall only count as one (1) section: Interior Metal Stud System (09111) Gypsum Wallboard Assemblies (09250/09260) Section 2. It is specifically agreed by the Union that it will not take any jobsite actions on projects where the waiver of subcontracting is being utilized, except where violations of the procedure have been established. Section 3. Applies to Local 291, excluding Greene, Saratoga, Warren and Washington counties. Employers should call the Eastern Contractors Association or Regional Council to obtain forms and information pertaining to this procedure. Section 4. Applies to Saratoga, Warren and Washington counties. The Waiver of Subcontracting is not granted automatically by following the appropriate steps. Contractor must contact Northeast Regional Council of Carpenters Local 291 by email at [email protected] and ask for a waiver on a case-by-case basis. Requests should also be copied to Todd Helfrich, President & CEO of Eastern Contractors Association ([email protected]). A subcommittee will be formed to determine when flexibility in subcontracting is warranted and develop procedures for implementation effective 6/1/2012. Section 5. Applies to Local 277 (counties of Herkimer, Lewis, Jefferson, Madison, Oneida, Onondaga, Oswego and St. Lawrence). On a job-by-job basis, Employers should contact Northeast Regional Council of Carpenters Local 277 by email at [email protected] to request forms for the project they are bidding with a copy to Earl R. Hall, Executive Director of the CEA (email address: [email protected]).

ARTICLE 25

MOST FAVORED NATIONS Should the Union at any time hereafter enter into an agreement with any employer performing work covered by the terms of the Agreement with terms and conditions more advantageous to such Employer, or should the Union in the case of any Employer which is bound to the Agreement countenance a course of conduct by such Employer enabling it to operate under more advantageous terms and conditions than is provided for in the Agreement, the Employers party to the Agreement shall be privileged to adopt such advantageous terms and conditions provided the Employer, through the Association, has sent written notice to the Union calling the matter to its attention.

ARTICLE 26 ONE-TIME AGREEMENT

Section 1. For purposes of attracting non-signatory contractors, the Associations agree on a one-time, single-project agreement for any contractor, provided that the Union notifies the Associations in writing, of the details of any newly signatory contractors, i.e., name of contractor, duration of agreement, etc. The Union will furnish the Associations with all necessary information on any newly signatory contractor within one month of their signing. This article shall be in force and effect for the duration of the Agreement. For these purposes, all other terms and conditions of the Agreement, except for duration, will apply. Such contracts shall only be valid when signed by the Union and Employer.

mailto:[email protected]

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Section 2. The Union will furnish the Associations with a list of all signatory Employers as of the date of the Agreement and all additional newly signatory Employers within a timely manner. The Union will furnish the Associations with a copy of all project labor agreements pertaining to the geography covered by the Agreement, owner understandings, International Agreements, etc. within a timely manner. Section 3. The provisions of the bonding article shall apply to this article.

ARTICLE 27 SAFETY & SUBSTANCE ABUSE & BACKGROUND CHECKS

Section 1. To the extent permitted by applicable law, the Employer may conduct drug and substance abuse testing and background checks. When the owner of a project or other similar representative mandates substance abuse testing or protocol in lieu of the agreed upon protocol existing in the Agreement, the parties agree that the signatory employer is authorized to substitute such new protocol regarding substance abuse testing. Whenever the United States Department of Transportation standards regarding substances to be tested and testing levels change, shall so similarly occur to the substances to be tested and testing levels. Section 2. To the extent permitted by applicable law, the Employer is entitled to conduct pre-employment “physically fit for duty” testing. If he or she passes the test, he/she will be paid two hours straight time or the time it took to take the test, whichever is greater. Such payment shall be made on the next regular payday once he/she is employed. Section 3. All Employees shall be required to have completed the OSHA 10-Hour Construction Outreach Training Program.

ARTICLE 28 ALTERNATE DISPUTE RESOLUTION

The Union and the Employer agree to consider implementation of a Workers’ Compensation ADR Program, except in Local 291, where the parties have adopted as a part of the Agreement the ECA/Basic Trades Workers’ Compensation Program including the Workers’ Compensation Alternative Disputes Resolution Addendum.

ARTICLE 29 UNION MEMBERS CONTRACTING WORK

UBC Members contracting work must show proper compensation insurance (and notice posted to the effect) and become signatory to the Agreement before hiring a member of this Council.

ARTICLE 30

BAN ON PIECE WORK & LUMPING WORK No employee shall do any piece work, lump work or take any contract for labor from any Employer or owner, unless this employee is identified as a contractor and he/she is following contracting for a livelihood subject to all the terms and conditions of the Agreement provided herein.

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ARTICLE 31 JURISDICTIONAL DISPUTES

Section 1. Jurisdictional Disputes which involve the Union, including any of its affiliated Local Unions, it is agreed not to use or be bound by the Plan for the Settlement of Jurisdictional Disputes. Section 2. The Employer will make a good faith effort to assign work on the basis of traditional and customary craft jurisdictional lines in each area. All questions, complaints or disputes dealing with craft jurisdiction, shall be resolved using such customary or traditional methods provided the Employer is signatory to Collective Bargaining Agreements to the Unions who dispute the work. Section 3. If not resolved via the methods specified in Section 2, all jurisdictional disputes which involve the Union shall be settled through arbitration where the arbitrator shall be bound by and render his/her decision according to the criteria developed by the National Labor Relations Board through adjudication of the jurisdictional disputes under Section 10 (k) of the National Labor Relations Act, 29 U.S.C. 160 (k). The assignments of the Employer shall be followed and work shall continue uninterrupted until the dispute is resolved. Decisions rendered by the Arbitrator shall be final, binding, and conclusive on the effected Employer and the Union or Unions, provided the effected unions agree to participate and be bound. The Parties agree to utilize the rules of the American Arbitration Association for selection of an arbitrator and conduct of the arbitration.

ARTICLE 32 NON-DISCRIMINATION

The Employer and the Union mutually agree that they will comply and cooperate with all laws, codes, rules, regulations, executive orders and administrative decisions, whether State or Federal, dealing with non-discrimination in training, membership, employment, job tenure, promotions and every other matter covered by such laws, codes, etc. not herein expressly mentioned. They shall not discriminate against any qualified employee or applicant for employment because of race, creed, color, sex, religious belief, national origin, physical impairment or status as a disabled veteran.

ARTICLE 33 APPLICATION OF AGREEMENT

There shall be no discrimination against any Employer or Employee. If an Employer having an agreement direct with the International Union does any work in the territory covered by the Agreement, he must comply with all the conditions contained in the Agreement.

ARTICLE 34 HOUSING AND REHABILITATION

Section 1. Work Covered by this Article. (a) This Article shall apply to all rehabilitation work on residential structures. For the purpose of this Article, “rehabilitation” shall be defined to include all work, including repair and alteration on any existing structure which is intended for residential use. (b) On new housing, this Article shall be applicable only to site construction of all new work done by the Employer on one (1) family, two (2) family, row housing and garden type homes or apartments, which are not more than four (4) stories above ground level and are used as dwellings. (c) Any work which is not specifically set forth in Sections A and B above shall not be covered by this Housing and Rehabilitation Article, but instead, shall be covered by and performed pursuant to the standard collective bargaining agreement between the Employer, Association and Union.

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Section 2. By mutual agreement between the Union and the Employer, a wage rate for Housing and Rehabilitation work may be established.

ARTICLE 35 SMALL COMMERCIAL

See appropriate area appendix for conditions and rates.

ARTICLE 36 MAINTENANCE AGREEMENT FOR INDUSTRIAL FACILITIES

Section 1. Maintenance work performed at industrial facilities will be paid at eighty-five percent (85%) of the basic rate, with one hundred percent (100%) fringes. Section 2. Maintenance work is defined as "any work done within the existing footings of the structure which does not require alterations to the existing structure." Section 3. A pre-bid conference will take place in order to determine if the work falls within this section. If no resolution is reached between the parties, an expedited arbitration will occur. Section 4. See Appendix H for terms and conditions in the Counties of Genesee, Niagara, Orleans and Wyoming (except for the townships of Castile, Gainesville, Genesee Falls, Perry, Pike and Warsaw).

ARTICLE 37 MILLWRIGHT

It is understood that Employers who sign the Agreement are obligated under the terms and conditions of other agreements of the Union, including the Millwrights Local 1163, or successor union, statewide agreement. As such, Employers do not have to sign that agreement, but shall perform work as if they were signatory to such. It is understood that journeypersons may, from time to time, perform the work of both carpenters and millwrights. No restrictions will be put on journeypersons that will prevent them from performing work of both types. When carpenters are worked in the millwright trade, they shall be paid under the terms of the Millwright agreement and vice versa. Benefits shall be paid at the appropriate rates and both millwright and carpenter benefits can be paid via the same method of payment. Any Administration and Safety Program funds shall go to the appropriate Association, unless the employer is designated to the Millwrights Contractors Association.

ARTICLE 38 PILEDRIVING

This Article covers only pile driving and its allied work in the general construction of buildings. All pile driving shall be done by Piledriver members of the United Brotherhood of Carpenters & Joiners of America. This includes all wood, steel and concrete sheet piling and bracing of same. Sheath piling of embankments, sheath piling of pier holes and trenches for the foundation of buildings (whether vertical or horizontal sheathing is used), underpinning of walls and columns with tubes driven by hydraulic, air or screw jacks, steam hammer or any other machinery which may be necessary to drive same, all sand drains, all wood, steel and concrete sheath piles excepting that work conceded to be done by engineers, oilers and/or firemen is not included in this Article.

(a) Unload all piles, load and unload, erect and dismantle all equipment used in the aforementioned types of work; cut, weld or burn all piles, remove pile butts from job site when a rig is used for same; set up and drive all sheeting of wood or other material, brace and shore same.

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(b) All labor employed in building, driving, staying, pulling and cutting off of all pre-cast concrete piles while still in leads, pile jackets, composite piles, cast in place concrete piles and any pre-cast structural shapes or units, the setting of which is performed with pile driving equipment when concurrent with pile driving operations. Also maintenance of the boom from the king pin out when the rig is being used by pile drivers and operation of valve for the control of hammer shall be operated by pile bucks when said valve is outside of cab.

(c) In clam shell work, where a pile driver rig is used, there shall be a pile driver employed as a signalman and also a tag line man where needed, when pertaining to pile driving work.

(d) The handling of all materials that have been or are to be used to accomplish any of the work herein described shall be done by pile drivers. Section 1. Reasonable notice shall be given the Union in manning jobs. Section 2. Crew sizes are at the prerogative of the employer. Section 3. Raingear, if required, shall be provided to the pile driver crew by the Employer and must be returned to the Employer at the end of each work shift. Section 4. The pile drivers agreement does not cover sheathing driven by a hand held hammer. Section 5. Pile load test equipment shall be erected and dismantled by pile drivers. Maintenance work on such equipment shall be performed by pile drivers. Section 6. Pile Drivers shall receive $0.25 per hour over the appropriate rate of pay (Journeyman or Apprentice) when performing piledriving work, except for in the counties of Erie, Niagara, Orleans, Genesee, Wyoming, Chautauqua, Cattaraugus, Allegany, Livingston, Ontario, Wayne and Monroe which are covered by a separate piledriving agreement that expires in 2012. Contact the appropriate association for more information on these counties.

ARTICLE 39 DIVING

Section 1. When the services of divers and tenders are required, the divers and tenders work shall be done under jurisdiction of the United Brotherhood of Carpenters and Joiners of America. Section 2. Work which requires the use of diving apparatus, hard hats, scuba or otherwise and will so be termed “Commercial Diving Operations” and will be undertaken by the divers and tenders of the Northeast Regional Council of Carpenters. It should be understood that only in very rare instances, should SCUBA be utilized in Commercial Diving Operations and must be done so in the strict accordance with the following safety standards. The Dive Crew shall consist of all UBC members without exception. Section 3. All operational standards for diving activities will meet or exceed the Association of Diving Contractors “Consensus Standards for Commercial Diving Operations”. All work will be in compliance with the appropriate State and Federal safety laws including O.S.H.A. Commercial Diving regulations 1910, Sub Part T. Section 4. The diving rate of pay shall include the divers own personal diving dress, helmet and personal support gear, “from the umbilical connection down” in surface supplied operations or “excluding his air” with SCUBA operations. If requested by the employer, and the supplied equipment meets the above applicable safety standard, the diver may furnish his own air and support equipment and he shall negotiate a rental fee for such equipment with the Employer.

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Section 5. The Employer shall provide all “tools of the trade” used by commercial divers while working underwater. The topside power units for tools of the trade and all equipment assisting in the divers life support function will be operated and maintained by the Diving Crew. Section 6. It is understood that the Employer is not required to bear the expense of annual physicals and other required testing necessary for employment compliance with governing agencies for commercial diving operations. Section 7. There will be no Z dives. Section 8. Stand by Diver receives dive pay only if he/she gets wet. Section 9. For a diver to receive overtime worked at the dive rate of pay, he must have received the dive rate of pay for the entire regular work day, otherwise overtime worked will be paid at the tender’s rate of pay. The tender’s rate of pay shall be one dollar ($1.00) per hour over the journeyman rate of pay. Section 10. Penetration Pay: – 0 to 50’ free, 51’ to 100’ $.75 per foot, 101’ and deeper $1.00 per foot. The definition of penetration is pipe penetration or like matter only. It does not include caverns, chambers etc. If unique conditions exist the employer and employee will make every effort to adjust the compensation to mutually agreeable terms. Section 11. Depth Pay: – 0-80’ free, 81’ to 100’ $.50 per foot, 101’ to 150’ $ .75 per foot, 151’ and deeper shall be $1.25 per foot. The deepest dive of the day shall constitute the depth pay. Section 12. When services of divers are required in air lifting (an underwater vacuum, used to clean a surface) operations, it shall be performed by members of the Brotherhood. • Diver - Wet Day: $490/day • In Broome & Tioga Counties the rate shall be $290/day plus hourly benefits. • Diver - Dry Day +$1.00/hour over journeyman wage • Diver Tender - Wet or Dry Day +1.00/hour over journeyman wage Section 13. If any part of the day is spent diving, the diver shall receive the hourly diver rate of pay for the entire normal workday. If there is more than one diver on the crew and the service of only one diver is needed within the day, the divers may choose to split the dive day in the water, but are doing so with the understanding that the Employer may split the dive rate of pay between the divers on an hourly basis. The dive rate of pay is not to be less than four (4) hours in a workday. Each split-day diver will receive a split rate of pay for the day; four (4) hours at the dive rate of pay and four (4) hours the tender rate of pay.

ARTICLE 40 PREVAILING RATES-HOLD HARMLESS CLAUSE

In the event that the prevailing posted rates and conditions set forth in specifications for governmental or related projects which are subject to prevailing rate statutes are less than the rates and conditions set forth in the Agreement, then the prevailing rates and conditions in the project specifications shall control and rates and conditions in the Agreement shall be superseded.

ARTICLE 41 ADMINISTRATION AND SAFETY PROGRAMS

Section 1. Each Employer shall pay to the Administration and Safety Program in the appropriate area the amount shown on the fringe benefit remittance form.

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Section 2. The Associations each agree to establish individual Administration and Safety Programs for the purpose of meeting all costs to the Associations of conducting labor relations, and all matters and problems incidental thereto, on an industry-wide basis in their individual areas for the benefit of all employees and employers performing work in said area. The activities to be financed by the funds of the Administration and Safety Programs may include any legitimate activity not specifically prohibited below. The various Boards of Directors of the Associations in accordance with their By-Laws, shall administer the funds of the Administration and Safety Programs. Section 3. Anything contained herein to the contrary notwithstanding, there is specifically excluded from the purposes of the Administration and Safety Programs the right to use any of its funds for lobbying in support of anti-labor legislation and/or to subsidize employers during periods of work stoppage or strike. Section 4. Upon termination of payments allocable to the Administration and Safety Programs by reason of the expiration of the Agreement, or because of the absence of a contractual obligation upon the Employer to make payments so allocable, or for any other reason, the assets and fund of the Administration and Safety Programs shall not be distributed among any Employers, or to the Union, but shall be held by the individual Associations, which shall continue to administer and expend such assets and fund for the purposes, and subject to the conditions set forth in this Section 3. See individual appendices for amounts.

ARTICLE 42 VALIDITY

If any provisions of the Agreement violates any applicable statues, or is held by any Court or Government Agency having jurisdiction, such invalidity shall not affect the validity of the remainder of the Agreement. In the event any section or portion thereof, shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) days to redraft a new section, or portion thereof, which shall be valid and which shall replace the section, or portion thereof, declared invalid.

ARTICLE 43 DURATION AND TERMINATION

The Agreement shall become effective on June 1, 2016 and shall remain in effect until May 31, 2021 and shall continue thereafter from year to year, unless either party notifies the other party in writing not less than sixty (60) days prior and not more than ninety (90) days prior to May 31, 2021 or not less than sixty (60) days prior to and no more than ninety (90) days prior to any anniversary date thereafter that either party desires to modify the Agreement.

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APPENDIX A – Local 291 Counties of Albany, Clinton, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery,

Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington

Eastern Contractors Association, Inc.: Counties of Albany, Clinton, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington TRADE JURISDICTION The Association and any signatory Employer party to this Agreement who is not a member of the Association, recognizes the trade autonomy and jurisdiction set forth in the Constitution of the United Brotherhood of Carpenters. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. SMALL COMMERCIAL On all commercial projects, valued at $3,000,000 or less, and/or industrial projects valued at $1,000,000 or less, seventy-five percent (75%) of the basic wage scale with full fringes will apply. The Employer is to notify the area council representative’s office when this work will occur. Such projects shall be single contract, or in the alternative, contracts for general construction. This wage scale shall apply to the general contractor or subcontractor acting as a prime contractor and his/her subcontractors signatory to the Agreement whose contracts jointly do not exceed the $3,000,000 and/or $1,000,000 limitation. In the event a multiple contract system is used by the owner-client, those subcontractors not signatory to the Agreement, whose contracts may or may not be assigned to the general contractor or subcontractor acting as a prime contractor, shall be excluded in determining the $3,000,000 and/or $1,000,000 limitation. The signed contract with the owner-client shall determine the dollar amount under this clause. Phased construction exceeding $3,000,000 and/or $1,000,000 total to be performed in sequence without each phase being subject to call for bids shall not be considered within the confines of the Agreement. Construction management or time and material contracts must contain an upset price within the $3,000,000 and/or $1,000,000 limitation. However, if Bricklayers and Allied Craftsmen, Laborers and Operating Engineers do not work at this rate for the Employer on the project, the Carpenters rate shall be the commercial rate for that project. For commercial projects valued at over $3,000,000, the seventy-five percent (75%) of the basic wage scale with full fringes will be applied by mutual agreement on a job-by-job basis. For industrial projects valued at over $1,000,000, the seventy-five percent (75%) of the basic wage scale with full fringes will be applied by mutual agreement on a job-by-job basis. See appendix for rate schedule. Article 35 shall not apply on projects where area standards rates are applicable. Contact the local association regarding applicability of this Article. PREMIUM WAGE RATES Foreman: $1.25 General Foreman: $2.50

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WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the counties of Albany, Fulton, Greene, Montgomery, Rensselaer, Schenectady and Schoharie 7/1/2016: $0.60 Distribution: Wage Rate $30.00 Health & HRA $8.70 Annuity $1.25 Pension $9.25 Edu. & Training $0.50 UBC $0.10 CCT-NY/NJ $0.08 ASP $0.30 Total Package $50.18

Future Increases (distribution to be determined) 1/1/2017: $0.50 6/1/2017: $0.60 1/1/2018: $0.50 7/1/2018: $1.10 7/1/2019: $1.10 7/1/2020: $1.10 ASP: 1% of the base wage

For the counties of Clinton, Essex and Franklin 7/1/2016: $0.60 Distribution: Wage Rate $25.75 Health & HRA $8.70 Annuity $0.25 Pension $9.25 Edu. & Training $0.50 UBC $0.10 CCT-NY/NJ $0.08 ASP $0.25 Total Package $44.88


For the county of Saratoga 7/1/2016: $0.60 Distribution: Wage Rate $29.82 Health $8.70 Annuity $0.75 Pension $9.25 Edu. & Training $0.50 UBC $0.10 CCT-NY/NJ $0.08 ASP $0.29 Total Package $49.49


For the counties of Hamilton, Warren and Washington 7/1/2016: $0.60 Distribution: Wage Rate $27.07 Health & HRA $8.70 Annuity $0.50 Pension $9.25 Edu. & Training $0.50 UBC $0.10 CCT-NY/NJ $0.08 ASP $0.27 Total Package $46.47

Future Increases (distribution to be determined) 1/1/2017: $0.40 7/1/2017: $0.60 1/1/2018: $0.40 7/1/2018: $1.00 7/1/2019: 1.00 7/1/2020: $1.00 ASP: 1% of the base wage

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APPENDIX B – Local 277 Counties of Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego and St. Lawrence

The Construction Employers Association of Central New York: Counties of Jefferson, Lewis, Onondaga, Oswego and St. Lawrence Eastern Contractors Association, Inc. and The Construction Employers Association of Central New York: Counties of Herkimer, Madison and Oneida TRADE JURISDICTION The Association and any signatory Employer party to this Agreement who is not a member of the Association, recognizes the trade autonomy and jurisdiction set forth in the Constitution of the United Brotherhood of Carpenters. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Foreman: $1.00 General Foreman: $2.25 WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the county of Onondaga 7/1/2016: $0.64 Distribution: Wage Rate $27.32 Health $8.70 Annuity $1.44 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.17 Total Package $45.03

Future Increases (distribution to be determined) 7/1/2017: $0.80 7/1/2018: $0.80 7/1/2019: $0.90 7/1/2020: $0.90 ASP: $0.17

For the counties of Jefferson, Lewis and St. Lawrence, Oswego 7/1/2016: $0.55 Distribution: Wage Rate $27.32 Health $8.70 Annuity $3.51 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.17 Total Package $47.10


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Oswego “A” Rate: $1.50 premium above the above stated Oswego rate. Only for work performed within the secured areas of any nuclear power plant within Oswego County For the counties of Herkimer, Madison and Oneida 7/1/2016: $0.69 Distribution: Wage Rate $25.56 Health $8.70 Annuity $1.50 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.12 Total Package $43.28

Future Increases (distribution to be determined) 7/1/2017: $0.95 7/1/2018: $1.00 7/1/2019: $1.00 7/1/2020: $1.00 ASP: 7/1/2016: $0.12 7/1/2017: $0.14 7/1/2018: $0.16 7/1/2019: $0.17 7/1/2020: $0.17

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APPENDIX C – Local 277 Counties of Cayuga, Seneca and Yates

The Construction Employers Association of Central New York: Counties of Cayuga, Seneca and Yates TRADE JURISDICTION The Association and any signatory Employer party to this Agreement who is not a member of the Association, recognizes the trade autonomy and jurisdiction set forth in the Constitution of the United Brotherhood of Carpenters. Work jurisdiction for employees working under this agreement shall include Setting of VLT "Video Lottery Terminals". All moveable office partitions. Windows: set, stay, level and brace all window frames and sash, as well as curtain walls traditionally done by the carpenter. Bathroom Partitions and Accessories. All roof blocking: providing no voiding of warranties. Firestop: All penetrations through carpenter partitions for carpenter use. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Foreman: $1.25 General Foreman: $2.00 WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the counties of Cayuga, Seneca and Yates 7/1/2016: $0.80 Distribution: Wage Rate $25.56 Health $8.70 Annuity $1.50 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.17 Total Package $43.33


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APPENDIX D – Local 277 Counties of Broome and Tioga

Southern Tier Contractors Association: Counties of Broome, Tioga TRADE JURISDICTION The Employer is desirous of employing skilled workmen in all Trade subdivisions as set forth in this Agreement. The Employer agrees to assign the following items of Work, which have been consistently proven to be the work of the carpenters, to the carpenters. Our claim of jurisdiction, therefore, extends over all divisions and sub-divisions of the trade, including but not limited to: carpenters, joiners, millwrights, machinery erectors, piledrivers, lathers, bridge, dock, and wharf carpenters, divers, underpinners, timbermen, core drillers, shipwrights, boat builders, ship carpenters, caulkers, cabinet makers, bench hands, stair builders, millmen, wood and resilient floorlayers and finishers, carpet layers, display workers, shinglers, siders, insulators, acoustic and dry wall applicators, shorers and house movers, loggers, lumber and sawmill workers, furniture workers, reed and rattan workers, shingle weavers, casket and coffin makers, box makers, railroad carpenters, car builders; all those engaged in the operation of wood working or other machinery required in the fashioning, milling, or manufacturing of products used in the Trade, or engaged as helpers to any of the above divisions or sub-divisions; all such work and jurisdiction as may have been acquired by reason of amalgamation or merger with former national or international unions and as may be hereafter acquired. Throughout this claim of jurisdiction the following words and phrases as used therein shall be considered to have the following meanings respectively, unless the context shall clearly indicate a different meaning in the connection as used: the trade jurisdiction of the United Brotherhood of Carpenters and Joiners of America consists of milling, fashioning, joining, assembling, erecting, fastening, or dismantling all material of wood, plastic, metal, fiber, cord and composition, and all other substitute materials. The handling, erecting, installing, and dismantling of machinery and equipment, and the manufacturing of all materials where the skill, knowledge, and training of the carpenter or joiner are required, either through the operation of machine or hand tools, either at the job site or in the production shops, mills, and factories. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. Section 1. CARPENTER When the terms ‘carpenter” and/or “joiner” are used they shall mean all sub-division of the construction trade where the skill, knowledge, and training of a carpenter are required. All carpenter work performed in conjunction with Heavy and Highway construction shall be done under the terms of the Local Heavy and Highway Agreement prevailing in the jurisdictional area where the project is located. A. Forms and related work. The work of the carpenter shall include, but not be limited to, the stringing out, prefabing, constructing, assembling, setting, aligning, dismantling, and stripping of all forms for concrete or any other plastic substance requiring a form or mold, whether made of wood, metal, plastic, or any other type of material, whether for footings, foundations, columns, decks, slabs, or roofs or any other structural member of a house, building, tunnel, or any structure of any description. The carpenter shall: 1. Strip, release, and repair all concrete forms that are to be reused on site or used at another Site. 2. Build all forms for arches, flat arches, decks, flat slabs, beam sides, and beam bottoms, and they shall

shore and brace same.

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3. Set and place all Span-all or similar type beams and stringers connected with the building and supporting of all concrete forms.

4. Do all framing, clamping, and bracing necessary in connection with setting and aligning of all wood, metal, or substitute material, column forms, and the stripping and/or releasing of same.

5. Build and place precast forms for pipe chases, open-cut forms, forms for light poles and signs. 6. Erect, set, align, and level all prefabricated, built in place, or patented forms including curb, sidewalk,

and gutter forms. 7. Set all forms, centers, and bulkheads, fabricate and set all screeds and stakes for concrete and mastic

floors. 8. Make all templates for anchor bolts and place and level the bolts for structural members or machinery.

Do the installation of leveling plates, including the grouting and mixing of same. 9. Do the handling and signaling where power is used for the setting or dismantling of forms or any

other material erected by carpenters, including the tying, tagging, and receiving from yard to point of installation.

10. Do the power rigging of all materials used by the carpenters such as new or cleaned lumber. This includes panel forms to be reused or modified, including component parts, such as whalers, braces, strong backs, etc.

11. Do the stripping in its entirety of all deck forms, ceco pans, or similar type pans, panel forms, plastic, fiberglass or paper forms, plywood decks, beam bottoms, beam sides, and column forms.

12. Strip Symons forms, Panel forms, Allen forms, and similar patented forms, and all plywood or wood forms, along with forms made of any other material.

13. Repair, revamp, or remodel all panel forms. 14. Assemble, set, and release Blaw-Knox forms, including the erection and releasing of inverts. 15. Install water-stop (in forms) of plastic, metal, or other material. 16. Handle hand lines used to raise or lower forms and material to actual point of installation. 17. Install precast concrete wall panels including tilt-up panels, regardless of whether the concrete panels

are cast on the job or away from the job site. 18. Unload, set, plumb, align, point, caulk, grout, and patch siporex wall panels. 19. Drill holes for the insertion of bolts including rock anchors to hold forms or any other item installed

by carpenters. 20. Set forms for sidewalk, sidewalk lights, curbs, and gutters and do all welding and burning incidental

to carpentry. 21. Strip all forms for concrete work where the material is to be reused on site or at any other site. 22. Jack slip forms, and do all semi- and unskilled work connected therewith. 23. Where precast or prestressed concrete slabs, walls, or sections are used, load, unload, and place such

slabs, walls, or sections. Mix, handle, convey, place, and spread grout for any purpose. Cut concrete or aggregate in any form, by hand or mechanical means using grindstones, air, or water. On all superstructure concrete pours on decks and walls where forms are required, a carpenter shall be employed to watch the pour.

B. Material handling Rough materials. The carpenter shall move all rough materials from the stockpiles designated by the contractor’s representative. Semi-finish materials. The unloading and stockpiling of drywall, floor tile, and acoustical tile shall be the work of the carpenters, if the time required to complete said work is less than two hours. Finish materials. 1. Trim materials, such as fixtures, showcases, display cases, cabinets, paneling, casing, stops, molding,

baseboard, chair rails, sash, doors, doorjambs, shall be unloaded, unboxed, or uncartoned, and in-stalled by the carpenters.

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2. Office furniture that arrives on the job site knocked down shall be unloaded, assembled, leveled, aligned, and set by the carpenters.

3. Materials, which are covered by understandings with other organizations, such as lab equipment, Nesbitt bookcases, library stacks and shelving, refrigerated cases, walk-in coolers, metal trim, shall be unloaded and handled by the carpenters.

4. Any finished products installed by carpenters shall be unloaded by the carpenters. 5. If a mixed load of rough and finished materials arrives on the job site, it is agreed that a composite

crew based on the percentage as defined by the bill of lading shall unload to stockpile area on the main floor.

C. General Construction. The carpenter shall: 1. Build, erect, plank, and dismantle the scaffolds of all trades on the job, from the ground up, including

self-supporting scaffolds and morgan scaffolds, or any special designed scaffolds, or those built for special purposes, when such scaffolds are to be built over fourteen (14) feet in height. Place mudsill, align, and level. Install all structural members, including frames, braces, hand rails, planking, ledger boards, and all material necessary for completion of scaffolding.

2. Lay, cut, or fasten (with clips or spotweld) all roof deck planking, floor planking and/or slabs whether gypsum, concrete (Insulroc-Tectum-Flinkote) or any other similar plank which are laid dry regardless of whether the joints are later filled or not.

3. Erect all grid type ceilings or install Z type ceilings and the necessary runners - channels - wall angles cross T’s and all other necessary parts of the ceiling installations. Apply acoustic tile whether glued or nailed, install acoustical ceilings, suspended acoustical ceilings, and H&T Solo Tile suspended systems in their entirety, and install insulation whether glued or blown.

4. Erect all dry wall construction, both studs and board, whether metal, wood, plastic, or any other material.

5. Install all mar-lite, mire-wall, or wonder board whether interior or exterior. 6. Apply composition roofing shingles. 7. Set, stay, level, and brace all window frames and sash. 8. Make and set all frames, sash, doors, blinds, trim, store and other fixtures, jambs, bucks, casings,

molding, chair rails, mantels, base or mop boards, wainscoting, furniture, china closets, kitchen cabinets, wardrobes. Install bowling alleys and displays. Assemble, erect, and install seats, benches, chairs, and other furniture in schools, theatres, churches, halls, and other places of assemblage on floors of any kind, including the anchor bolts or other devices and/or method of fastening of the above. Install interior cabs for elevators, metal bucks, doors and partitions.

9. Install Alberene (of Duroc type stone) for table tops, countertops, sinks, back splashes, and sills. Fill joints with epoxy or similar type cement.

10. Do all framing in connection with the setting of metal columns. 11. Install and remove all staging of all swinging and hanging scaffolds. Build and construct all derricks,

make mortar boards, boxes, trestles, horses, and ladders. Do all the shoring, razing, and moving of buildings.

12. Build and erect all temporary enclosures whether made of wood, plastic, metal, or canvas, including combinations of the above.

13. Unload, handle, install, and weld expansion, armored joint and annored plate whether used on road, bridges, approach ramps, or buildings.

14. Erect mortar and brick hoists and concrete distributors used in erecting buildings or fireproofing floors, or for pouring concrete buildings, building or repairing coal pockets, breakers, washers, tipples.

15. Operate winches and jacks whether operated manually or operated mechanically by portable op-erating devices, used to handle material to be installed or erected by members of the United Brotherhood of Carpenters and Joiners of America and all tagging and signaling incidental to the

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Trade. 16. Manufacture and erect cooling towers and tanks. Install wood, plastic, and metal awnings, door

shelters, marquees, and jalousies. 17. Fit installation and fastening of stops, beads, and molding in doors and windows framing all false

work, derricks and hoists, travelers, and all lumber and material used in the construction industry. 18. Install all builders hardware, including door hardware and tracks of every description. Install caulking

and weather stripping, fit and hang all doors (combination or otherwise) and fitting of screens for doors, windows, and other openings.

19. Install draperies, curtains, venetian blinds, and pockets for same. 20. Install, erect, and/or apply all shingles (roof or sidewall), siding, wallboard, or sheets composed of

wood, wood pulp, plastic, transite, or composition materials or any other material including combined or faced with metal regardless of the manner attached.

21. Unload, handle, install, and/or apply all rubber or plastic one piece roofs whether sealed with a heat iron or glued (such as Goodyear Rubber Roofs, Carlise, or Trocal Plastic Film Roofs) including all accessories and flashing.

22. Erect all wood, metal, plastic, and composition partitions and trim materials for toilets and bathrooms. Erect and install formica laminated toilet partitions and doors. Install studless solid gypsum wallboard partitions in their entirety.

23. Install and/or erect porcelain enameled panels and metal siding. Install Marlite and Mirawall Board (interior and exterior).

24. Install and handle laboratory equipment including cabinets and work benches, bookcases either separately or used in conjunction with heating and/or air conditioning units, blackboards, and bulletin boards.

25. Install all Herman-Nelson Cabinets, Nesbitt, Schemenauer, Trane, Warner-Webster, Inducto Bookcases and Cabinets regardless of name and regardless if used separately or in conjunction with heating and/or air conditioning units.

26. Fasten all wooden, plastic, or composition cleats to iron work or any other materials, erect and install stran steel or similar material, cut and hand all lumber or other materials between girders and joists for fireproofing or concrete centers.

27. Erect all wood, metal, plastic, and composition partitions, cut and apply all furring, make and fasten wood, brackets for metal ceilings and side walls, erect all wood furring for cornices, and put all grounds for plaster or cement finish.

28. Install all molding and trim made of wood, metal, plastic, or composition, install nm-strips for plumbers or other trades or cut for pipes through floors, joists, or partitions composed entirely or in part of wood or other material erected by carpenters.

29. Erect the structural parts of a house, building, or structure made of wood or any substitute such as plastics or composition materials, put together roofs and partitions.

30. Build and erect stairs, store, office, bank, and other fixtures, shelving, racks whether of wood or other materials.

31. Install insulation whether glued, nailed, stapled, stud, spot-welded or blown. 32. Erect, dismantle and/or reinstall all fences. 33. Unload, assemble, and install playground equipment, whether made of metal, wood, plastic, or any

other material. 34. Cut, assemble, and install all landscaping members whether made of metal, wood, plastic, or any

other material. 35. Erect pre-engineered metal buildings such as Butlers, Armco, or any other name brand, including,

but not limited to columns, rafters, purlins, gurts, braces, trim, siding, and roofing sheets. 36. Dismantle buildings or any other structures where the materials to be salvaged were installed by

carpenters and the tools of the Trade are required. 37. Load, unload, carry, distribute, and handle all rods and material for use in reinforcing concrete

construction. Load, unload, carry, distribute, handle, and install all mesh when iron workers are not

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employed. 38. Install non-electronic signage. 39. Install low voltage ceiling grid. 40. Set fume hoods/lab clouds. 41. Set Video Lottery Terminals (VLT) D. Ship carpenter. The term “ship carpenter” shall mean the ship carpenter, joiner, caulker, shipwright, and boat builder on all boats including those made of fiberglass and plastic, and the building and repairing of same, the making and installation of all furniture, and application of all insulation. E. Railroad carpenter. The term “railroad carpenter” shall mean the carpenter work, joining, or any of its subdivisions when said journeymen are employed directly by railroad corporations in maintenance and repairing property of the railroad along the lines of the railroad proper, but will not apply to office and other buildings of corporation situated away from the operating line of the road. F. Stair builder. The term “stair builder” shall cover the cutting, assembling, and erecting of rough stair carriages and platforms for same; the laying out, manufacturing, either by hand or machine, all crooks, easements, and casements, newel posts, strings, risers, wainscoting, or panel work for stairs; the making of molding for stairs; the erecting of the stairs complete, including the furring, both of sides and underneath same; the working and erecting of all hand rails and balusters. G. Millman/cabinet maker. The term “millman, cabinet maker, and bench hand” shall mean the making, cutting, milling, tooling, handling, assembling, and manufacturing in shop, mill, or factory of store, display, office, theatre, hall, church, school, and bank fixtures and furniture, mantel pieces, cabinets of all types, dressers, wardrobes, china closets, ornamental work of wood or composition, panel work, partitions, precut and prefit trim and doors, show and wall cases, butcher shop fixtures, pallets, sash, doors, trim, molding, screen and storm sash doors, flooring, plywood, making of pool and billiard tables, household fixtures and furniture, and other tables and desks, refrigerators and ice boxes. Section 2. LATHERS. The Employer agrees to recognize the jurisdictional claims of the Wood, Wire, and Metal Lathers subdivision of the Carpenters Trade that have been established by agreement between the Lathers and other crafts, awards contained in the Green Book, and other decisions of record. The items of work performed under this section shall be: 1. Installation of metal lath and accessories, application of metal lath on floors and ceilings, applications

of metal lath on columns, pilasters, walls, and partitions, picture molding, metal corner beads and guards, casing beads and plaster stops, chair rail, base screed, metal base, ceiling runners or tracks, and similar metal lathing and plastering accessories attached before plastering.

2. Installation, soldering, and fastening of the following materials: Gypsum lath and exterior lathing material, metal lath or any material used as a base for plaster acoustical material, cornerites, beads, stops, and all other accessories, backing board, finish drywall, sheet lead and metal materials, on floor, wall, or ceiling.

3. Installation of ceiling suspension systems exposed grid systems of metal tee members, semi-exposed grid systems, fire-rated exposed grid systems, environmental and luminous system, concealed sys-tems directly hung from hanger wires, accessible concealed systems, concealed systems requiring carrying channels.

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SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Foreman: 10% of Journeyman base wage General Foreman: 10% of Journeyman base wage WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the counties of Broome and Tioga 7/1/2016: $0.85 Distribution: Wage Rate $25.61 Health $8.70 Annuity $1.50 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.14 Total Package $43.35


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APPENDIX E – Local 277 Counties of Chemung, Cortland, Schuyler, Steuben, Tompkins

Southern Tier Contractors Association: Counties of Chemung, Cortland, Schuyler, Steuben and Tompkins TRADE JURISDICTION 1. The trade autonomy of the United Brotherhood of Carpenters and Joiners of America consists of the milling, fashioning, joining, assembling, erection, fastening or dismantling of all material of wood, plastic, metal, fiber, cork and composition and all other substitute materials. The handling, erection, installing, and dismantling of machinery and equipment, and the manufacturing of all materials where the skill, knowledge and training of the Carpenter or Joiner are required, either through the operation of machine or hand tools, either at the job site or in production shops, mills, and factories. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. 2. The Union's claim of jurisdiction, therefore, extends over the following divisions and sub-divisions of the trade: Carpenters and Joiners, Pile Drivers, Bridge, Dock and Wharf Carpenters, Divers, Underpinners, Timbermen and Core Drillers, Shipwrights, Boat Builders, Ship Carpenters, Joiners and Caulkers, Cabinet Makers, Bench Hands Stair Builders, Millmen, Wood and Resilient Floor Layers and Finishers, Carpet Layers, Shinglers, Siders, Insulators, Acoustic and Dry Wall Applicators. Sharers and House Movers, Loggers, Lumber and Sawmill Workers, Furniture Workers, Reed and Rattan Workers, Single Weavers, Casket and Coffin Makers, Box Makers, Railroad Carpenters and Car Builders and all those engaged in the operation of wood working or other machinery required in fashioning, milling or manufacturing of products used in the trade, or engaged as helpers to any of the above divisions of sub-divisions, and the handling, erecting and installing of material on any of the above divisions or sub-divisions, burning, welding, rigging and the use of any instrument or tool for layout work, incidental to the trade. When the terms "carpenter" and "joiner" are used, they shall mean all the sub-divisions of the trade. 3. The employer agrees to recognize and assign carpenters to do the work as outlined in the Trade Autonomy of the United Brotherhood of Carpenters as stated. Specifically the following is the work of the Carpenters: a. The laying, cutting and fastening of all roof deck planking, Whether gypsum-concrete, insulroc-

tectum or any other similar planks which are laid dry, regardless of whether the joints are later filled or not.

b. Tile erection of all grid type ceilings or installation of Z type ceilings and the necessary runners-channels-wall angles-cross T's-and all other necessary parts of the ceiling installation.

c. The installation of all Mar Lite and Mirawell Board whether interior or exterior. d. The erection of all dry wall construction both studs and board, whether metal or wood. e. The installation of all Herman-Nelson Cabinets, Nesbitt Cabinets, Schemenauer, Trane, Warner-

Webster Cabinets and similar type Cabinets regardless of name. f. The installation of all Porcelain Enamel Panels, Interior and/or Exterior, except window wall or

curtain wall construction. g. The stripping of all forms for concrete work where the material is to be re-used, except flat arch work,

forms not to be re-used. h. The installation of all display cases and the necessary metal trim. i. The application of composition roofing shingles on new construction only. j. All windows made of wood, metal, or aluminum, historically done by carpenters.

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k. All roof blocking. l. Electrical hardware installations. m. Bathroom partitions and accessories. n. Setting of all gaming equipment e.g. video lottery terminals. o. All moveable office partitions of any material. p. The installation of non-electronic signage. q. The installation of low voltage ceiling grid. r. The setting of fume hoods/lab clouds. s. The setting of Video Lottery Terminals (VLT) 4. In executing this Agreement, the parties hereto agree to be bound by the terms and provisions of the agreement creating the Impartial Disputes Board for Settlement of Jurisdictional Disputes; to be bound by Disputes Board Decisions, Hearing Panel Decisions, which may arise under this agreement. SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Counties of Chemung, Cortland, Schuyler, Steuben and Tompkins Foreman: 10% of Journeyman base wage General Foreman: 10% of Journeyman base wage WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the counties of Counties of Chemung, Cortland, Schuyler, Steuben and Tompkins 7/1/2016: $0.55 Distribution: Rate $27.32 Health $8.70 Annuity $3.51 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.27 Total Package $47.20

Future Increases (distribution to be determined) 7/1/2017: $0.60 7/1/2018: $0.70 7/1/2019: $0.80 7/1/2020: $0.80 ASP: 1% of base wage

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APPENDIX F – Local 277 Counties of Chenango, Delaware, Otsego

Southern Tier Contractors Association: Counties of Chenango, Delaware and Otsego TRADE JURISDICTION This shall include all construction where the skill, knowledge and training of a carpenter are required. Section 1. 1. The carpenter shall make, set and align all concrete forms when same are made of wood or any other

form material. 2. The carpenter shall strip, release and repair all concrete forms. 3. The carpenter shall build all forms for arches, flat arches, decks, beam sides, beam bottoms and they

shall shore and brace same. The stripping and/or releasing of beam sides and bottoms and the removal of all bracing and shoring (i.e. support jacks and stringers). The carpenter shall build, set, place and brace all forms for airport runways, aprons, parking areas, truck holding areas, parking lots and entrance roads.

4. The carpenter shall set, place all Span-all or similar type beams and stringers connected with building and supporting of all concrete forms.

5. The carpenter shall do all framing, clamping and bracing necessary in connection with setting and aligning of all wood, metal or substitute material, column forms and the stripping and/or releasing of same.

6. The carpenter shall build and place precast forms for pipe chases; open-cut forms; forms for light poles and signs.

7. The carpenter shall erect, set, align and level all prefabricated or patented forms including curb, screed and gutter forms. The tying, tagging and receiving in connection with the setting and removal of metal forms.

8. The carpenter shall set all forms, centers and bulkheads including the fabrication and setting of screeds and stakes for concrete and mastic floors. The carpenter shall notch all screeds where required. The carpenter shall build and install all keyway and camphor strip.

9. The carpenter shall make all templates for anchor bolts and place and level the bolts. The carpenter shall align, level and grout all leveling plates.

10. Where power is used for the setting or dismantling of forms or any other material erected by carpenters, handling and signaling shall be done by carpenters.

11. The installation of precast concrete wall panels including tilt-up panels regardless of whether the concrete panels are cast on the job or away from the job site shall be done by carpenters.

12. The carpenter shall unload, handle, install, fasten and weld expansion, armored joint and armored plate whether used on roads, bridges, approach ramps or buildings.

13. The carpenters shall install water-stop (in forms) of plastic, metal or other material. 14. The carpenters shall drill holes for the insertion of bolts including rock anchors to hold forms. 15. Blaw-Knox forms - assembling - setting and releasing - including the erection and releasing of inverts. 16. Simmons form and other similar type forms shall be unloaded, handled, assembled, set, braced and

released by carpenters. 17. All forms for bridge abutments, decks, pads, leveling plates shall be built, set, stripped, assembled

and braced by carpenters. 18. All work pertaining to carpentry including form building, bracing, shoring and stripping in or on

tunnels is the work of the carpenter. 19. The carpenter shall unload, rig, handle and set all Bollards whether set in concrete, sand or any other

materials. 20. The carpenter shall build and erect all temporary heat enclosures whether made of wood, plastic, metal or canvas including combinations of the above.

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21. The carpenter shall install all masonry ties whether glued, nailed or mechanically fastened. 22. The carpenter shall set Video Lottery Terminals (VLT) Section 2. The building, erecting and dismantling of all scaffolds (except ordinary trestle scaffold) and all self-supporting scaffold over fourteen (14) feet in height, or any special designed scaffolds or those built for special purposes shall be built by carpenters. The making of horses, trestles and ladders is the work of the carpenter.

Section 3. 1. The setting, staying, leveling and bracing of all window frames and sash shall be done by the carpenter

(except such frames and sash covered by agreements with other trades). 2. The making and setting of all frames, sash, doors, blinds, trim, store and other fixtures. assembling,

erecting and installing of seats, benches, chairs and other furniture in schools, theatres, Churches, halls and other places of assemblage on floors of any kind including the anchor bolts or other devices and/or method for fastening of the above.

3. The installation of all builders hardware, including door tracks of every description. The installation of weather stripping; fitting and hanging of all doors (combination or otherwise) and fitting of screens for doors, windows and other openings.

4. The installation and/or laying of floor and wall coverings of carpet, wood, cork, linoleum, resilient tile, plastic and/or metal wall tile, rubber, plastic and composition tile and all metal accessories. The installation of rugs, carpets, draperies, curtains and venetian blinds and pockets for same.

Section 4. 1. The installation, erection and/or application of all shingles (roof or sidewall), siding, wallboard or

sheets composed of wood, wood pulp, plastic, plaster, transite or composition materials or any other material including combined or faced with metal regardless of the manner attached.

2. The unloading, handling, installation and/or application of all rubber or plastic one piece roofs whether sealed with a heat iron or glued (such as Goodyear Rubber Roofs or Trocal Plastic Film Roofs) including all accessories and flashing.

3. The unloading, handling and erection of all wood, metal plastic and composition partitions. The fabrication and installation of all bathroom partitions and doors, whether made of wood, metal, plastic, formica, fiberglass, composition materials or combinations is the work of the carpenter. Unloading, handling and installation of studless solid gypsum wallboard partitions in its' entirety.

4. The installation and/or erection of porcelain enameled panels and metal siding. The installation of Marlite and Mirawall Board (interior or exterior).

Section 5. 1. The installation and handling of laboratory equipment including cabinets and work benches,

bookcases either separately or used in conjunction with heating and/or air conditioning units and including the setting of fume hoods/lab clouds.

2. The installation of all Herman-Nelson Cabinets, Nesbitt, Schemenauer, Trane, Wamer-Webster, Inductor Bookcases and Cabinets regardless of name. (Note: Regardless if used separately or in conjunction with heating and/or air conditioning units).

3. The installation, unloading and handling of display cases and trim store fixtures, refrigerated cases and/or boxes. The installation of Alberene (of Duroc type stone) for table tops, countertops, sinks, back splashes and sills. The filling of joints with epoxy or similar type cement.

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Section 6. 1. The laying, cutting and fastening (with clips or spotweld) of all roof deck planking floor planking

and/or slabs whether gypsum concrete (Insulm-Tectum-Flinkote) or any other similar plank which are laid dry regardless of whether the joints are later filed or not.

Section 7. 1. The installation of acoustic tile whether glued, clipped, stapled or nailed. 2. Acoustical suspended ceilings in its entirety. 3. H & T Solo Tile suspended systems. 4. The installation of all insulation whether glued, nailed, stapled, stud or spot-welded or blown on. Section 8. 1. The unloading, handling, installation and erection of all Stran-Steel, Penn Metal, Permalok, Donn,

Adas, Twin-Lok nailable bars and studs including top and bottom runners (interior and exterior). 2. Unloading, handling, installation and erection of U.S.G. or any other named brand Metal Studs

including top and bottom runners to receive sheet-rock, gypsum wall and other materials attached by screws, nails or adhesive.

Section 9. The unloading, handling, fitting and installation of sheet rock, gypsum wall board or similar materials whether attached by screws, nails, clips or adhesive.

Section 10. 1. Unloading, handling, installation and/or erection of all solar heat materials including imbedded items

and panels. 2. Cooling towers, (made of metal, wood, ceramic, plastic, fiberglass or any other material) unloading,

handling, erection and dismantling by carpenters. Section 11. 1. The carpenter shall set Video Lottery Terminals (VLT) Section 12. 1. The carpenter shall unload, handle and distribute any finished products installed by carpenters. Section 13. 1. The above and subsequent sections are an overview, but are not limited to. (The installation of the following items and materials shall be by members of the United Brotherhood of Carpenters and Joiners of America.) A. Acoustical tile

Acoustical Suspended systems Aluminum window sills and stools Aluminum frames and door including hardware when set in masonry or prepared openings. Aluminum trim (interior) Anchor bolts (welded to reinforcing steel in foundations) Armor Plate unloaded, rigged, handled, installed by carpenters Asbestos plastic shingles

Asbestos sheeting (corrugated or flat) Asphalt shingles Astro Turf (total installation of shock-absorbing pan and Astro Turf)

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B. Backing for telephone equipment (plywood and other type composition) Backing (metal) for cabinet work Backing board - to receive acoustical tile Backing - for plumbing fixtures and accessories which effect the structure Cutting and chasing which

affects the structure. Base - snap-on metal; cove metal to wood or masonry walls; rubber or substitute material Bathroom mirrors (flush mounted with small cabinets with doors) Blackboards - unloading, distribution and installation of natural slate blackboards in mastic Bollards - unloading, handling, rigging and setting Bookcases - cabinets and tops Brick and Masonry ties, (glued, nailed or mechanically fastened) Bulletin boards Bulkheads set by carpenters

C. Cabinets (fire extinguishers) without pipe connections

Cabinets - all types (kitchen, bathroom, laboratory, classroom, gym, etc.) Cemesto board panels Chalkboards Colorith (exterior panels mounted and secured to wood – wood furring with metal screws or clips - including caulking of the joints) Caulking of window or door frames (metal or wood) Classroom bookcases and cabinets Cooling towers - layout, unloading, handling, erection and dismantling Corner guard - interior or exterior on drywall construction Cork (vinyl-covered sheet cork) cork nailed on Curtain track (mounted on exposed ceiling surfaces) Curb angles (metal) attached to concrete forms Collimator room (push-out) interior wall panels

D. Door bucks (metal) unloading, handling, setting, bracing, plumbing and aligning

Doors - glass patio doors - prefabricated Doors - aluminum automatic doors and frames Doors - sliding frames (aluminum) attached to wood frame openings Doors - Interior hollow metal door frames

Drywall - applied to wood studs, metal studs or resilient channels (including unloading and handling) Doorbells - combination mechanical doorbells and peepholes

Display cases (self-service refrigerated) handling, setting and connecting by carpenters

F. Fire-wall panels (sandwich type) Floors - all wood, wood block and patent type floors -bowling lanes Floors - Higgins (or similar type) stretchwood tile flooring Floor sanding and scraping Furniture -unloading, distribution, assembly and arrangement whether crated or uncrated

G. Gypsum wallboard and other type panels fastened directly to wood or metal studs; fastened directly to ceiling joists; wood or metal furring (including unloading and handling) Granite faced or stoned faced wall panels (exterior and interior) complete installation by carpenters (including unloading and handling)

H. Hampers, laundry chutes, clothes hood and lines

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Handling, unloading and distribution of all finished products made and/or carrying the "Union Label" of the United Brotherhood shall be performed by carpenters, including all forms built on the job site

I. Insulrock and Porete planking laid dry and steel joists with clips or weld

(Note: when pointed in mastic - done by roofer) Insulrock Roof decking Insulation - styrofoam fiberglass fastened by nails-clips-adhesive-staples or stud weld Insulation (rigid or flexible) held in place with stic-klips, studweld and adhesive to masonry walls and ceilings Insulation (Kaiser insulation sheathing) regardless of method of fastening Insulation (fibre glass) on masonry walls and ceiling of plenum chambers Insulation interior metal partitions

J. Jack rods - falsework; erection and moving by crane of falsework for support of concrete forms to

next point of use and handling of Jack Rods during slip-form operation Jack Rods (in slip forms) - if Jack Rods are designed to lift form and are to be left in the pour or removed at the discretion of the Contractor. rods will be installed and removed by carpenters

K. The installation of all kitchen and other type cabinets L. Laboratory equipment - metal - wood - stone or composition material Lagging - cutting, carrying and

placing Laminated drywall Latex underlayment - to receive resilient flooring Leveling Plates - alignment, leveling, grouting Lockers - (metal, wood, fiberglass, plastic or composite) Louvers - (exterior or interior)

Low voltage ceiling grid.

M. Metal windows to wood sub-frames

Metal windows set into wood cased openings secured to wood liners Metal pan forms-handling and setting in position including installation of spreaders and struts Mail boxes - Mechanical chimes Metal buildings (siding, roofing, steel erection, form work, interior finishes) Metal-edge gypsum roof plank Metal studs (nailable or screwable) Penn-Metal; Permalok; Donn, etc. (including unloading and handling) Metal acoustical sidewalls, acoustical fiber-glass batts and metal grid systems Medicine cabinets - with or without mirrors Metal form for tilt-up concrete wall panels Metal sash in prepared masonry openings at top and bottom and metal wall studs at sides and end Magazine racks

N. Nail-lock bar and backing board to receive acoustical tile Nailing bars (Donn, etc.) to receive sheetrock for acoustical tile Non-electric signage Nucite chalkboard O. Omnia plank installation (laying of concrete block on wood floor slabs) Outriggers (scaffold or bridge) installation by carpenters

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P. Partitions - movable partitions and metal door frames Power shelf units - installation and assembling Precut concrete slot risers (rigging and erecting) Precast concrete column beams (rigging and erecting) Plastic column and beam covers (installation by carpenters) Pomeroy "H" bars (installation by carpenters) Porcelain enamel panels, insulated porcelain enamel panels used as column covers and filler strip

Plastic material (corrugated or flat) when insulated at same time and same manner with transite, asbestos board or concrete board fastened to metal or wood. Also, when used to cover sides and roofs of a building or other exterior section. Plastic Roofs – one piece handling and installation

Q. Quonset buildings - carpenters erect all Stran-Steel framing R. Rigging of metal pan form and flat deck forms

Rigging of forms, timbers and wooden trusses - including the tying and signaling Rigging (by power) carpenter form material

Retaining wall forms and curbs Robertson panels (siding) attached to wood or metal studs Rubber Roofs - one piece handling and installation S. Screeds Screed chairs (setting by carpenters) Simplex & Gates forms (installation and releasing) Solar Heat Panels and imbeded Solar Items Spancrete floor docking - erection by carpenters Siporex wall panels (exterior) complete installation by carpenters

Styrofoam insulation - between wood furring strip and/or studs on outside walls Sheet lead - installation of sheet lead including cutting and fitting on doors, door and window frames, doors for X-Ray radiation rooms

The installation of all building construction material bonded or laminated to sheet lead Stran-Steel - carpenters shall erect all nailable Stran-Steel members including:

Stran-Steel trusses, Stran-Steel partitions, studs joists or any other nailable Stran-Steel member. (This shall apply regardless of trade name or manufacturer.)

Sheeting (.032 to #22 gauge) aluminum corrugated fastened to wood -metal studs or nailable studs. Study booths - installation of partitions, panels, doors, main and auxiliary desk and misc. trim Sheet rock or rock lath (clipped on furring channel as a base for acoustical tile)

T. Trench wall (precast concrete) setting and installing

Thermal insulation on walls and ceilings Transite (corrugated) fastened to metal or wood Tectum planking - cutting and placing

V Vanities - bathroom (all types)

Vanity Tops - fitting installation by carpenters Venetian blinds (hanging, adjusting, threading cords and installing top closures)

W. Wood shake shingles Window trim surrounds Welding - Acetylene and electric - used as tool of the trade

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Window frames - wet, stayed, plumbed and braced Windowframes - nailed or screwed to nailing strip embedded in concrete Window frames - metal interior Window stool - (16 gauge metal) Wall panels (Ar-Lite) exterior (setting, aligning, plumbing and caulking) Weldwood Glasweld pawls - (attached to wood or metal studs)

Section 13. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances.

SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Counties of Chenango, Delaware, Otsego Foreman: $3.50 General Foreman: $6.00 WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the counties of Chenango, Delaware, Otsego 7/1/2016: $0.00 Distribution: Rate $27.82 Health $10.45 Annuity $3.95 Pension $7.10 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.12 ASP $0.50 Total Package $50.64

Future Increases (distribution to be determined) 7/1/2017: $0.15 7/1/2018: $0.75 7/1/2019: $0.75 7/1/2020: $0.75 ASP: 1% of total package

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APPENDIX G – Local 276 County of Erie, Townships of Persia and Perrysburg in Cattaraugus County

Construction Industry Employers Association: County of Erie, Townships of Persia and Perrysburg in Cattaraugus County TRADE JURISDICTION Along with the following, any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. Section 1. BUILDING INDUSTRY

a. The Employer agrees that the following job classifications, equipment and work operations are within the jurisdiction of Carpenters Local No. 276 and will assign the work, as well as all other work which has traditionally been assigned to carpenters, to employees represented by Carpenters Local No. 276 except where there is a Decision of Record providing otherwise.

b. The milling, joining, assembling, erection, fastening or dismantling of wood, plastic, metal, fiber, cork and composition and all other substitute materials. The handling, cleaning, erecting, installing and dismantling of machinery, equipment and all materials used by carpenters. The work jurisdiction includes, but is not limited to the following divisions and subdivision: Carpenters and Joiners, Millwrights, Piledrivers, Bridge Dock & Wharf Carpenters, Divers, Underpinner, Timber Workers, Joiners & Caulkers, Cabinet Makers, Stair Builders, Wood and Resident Floor Layers and Finishers, Carpet Layers, Shinglers, Siders, Insulators, Acoustic and Dry Wall Applicators, Sharers and House Movers, Lathers, Show Display and Exhibition Workers and helpers to any of the above divisions or subdivisions regardless of the material and the handling, installing and erecting of material used in any of the divisions or subdivisions, including welding, burning, rigging and the use of any instrument or tool for layout work incidental to the trade. The following agreements shall determine work assignments:

c. WOOD WINDOWS: All work associated with the installation, dismantling, remodeling, refurbishing of Wood Window units. Said units may be true wood or vinyl, aluminum, or other protective skins. This shall also include new window installations. The method of fastening or the product being fastened to is not a factor in the assignment. All Wood Windows shall be the work of the Carpenter. It should be specifically noted that this shall also include any work done to the wood sash or any other component of the said window.

d. Any pre-glazed window made of any composition in unprepared openings shall be set, stayed, leveled, plant or braced by Carpenters. Any pre-glazed windows made of any composition attached to metal steel or wood opening shall be the work of the Carpenter.

e. All work designated to be performed by members of Carpenters Local No. 276 as contained in agreements between the United Brotherhood of Carpenters and Joiners of America and the International Association of Bridge, Structural and Ornamental Iron Workers dated June 3, 1953 and amended June 5, 1957 General Agreement October I, 1968 amended February I, 1974. Rigging Agreement May I, 1971, Window Agreement June 18, 1957 and amended May 27, 1987 shall be performed under the terms of this Agreement.

f. All work designated to be performed by members of the United Brotherhood of Carpenters and Joiners of America as contained in agreement between the United Brotherhood of Carpenters and Joiners of America and Laborers' International Union of North America Hod Carriers, Building and Common Labor Union November 25, 1968, roof plank, etc, June 30, 1959, door bucks, cabinets, acoustical tile (stripping of forms October 3, 1949) fixtures, furniture, etc, All work shall be performed under the terms of these agreements.

g. All work designated to be performed by members of the United Brotherhood of Carpenters and Joiners of America as contained in Agreements between Carpenters United Brotherhood of Carpenters

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and Joiners of America and Bricklayers, Masons, and Plastic International Union of America dated April 1931 (installation of cork and substitutes) shall be performed under the terms of this Agreement.

h. Agreements between the United Brotherhood of Carpenters and Joiners of America and the International Brotherhood of Electrical Workers under dates of February 1,1956, February 1, 1958, June 1, 1963 and July 20,1967,

i. Agreements between the United Brotherhood of Carpenters and Joiners of America and United Association of Journeyperson and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada dated October 6,1964, April 21,1965, June 29,1965, May 3,1967 and June 17, 1968.

j. Agreements between the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and the United Brotherhood of Carpenters and Joiners of America, dated October 6, 1964.

k. Any international agreements that have been inadvertently omitted and all agreements similar to the above that are negotiated during the life of this Agreement, shall be in full force and effect as though written in this contract.

l. All Millwright jurisdiction as performed in past area practice. All Floor Laying jurisdiction in past area practice.

m. This Agreement shall cover all work which consists of all floor prep and final sweep associated with the installation of the floor covering material, taking up and laying of VCT tile and other resilient tile, new and old carpets, linoleum, rubber on walls, floors and ceilings, plastic and metal wall tile. The waxing of linoleum and rubber and all floor coverings. Fitting devices for the attachment of carpet and other floor coverings, including metal edge on steps and openings for the protection of linoleum and other floor coverings and the spreading of all adhesives that may be required to properly prepare the surface to receive the floor covering material. The installation of plywood, masonite or similar material to be used as a foundation for linoleum, tile, carpet, etc" shall be Resilient Floor Layers and Linoleum Workers, except when installation of such base of foundation is included in the carpentry contract. The Union agrees to furnish all employees on work as above specified. Installation of metal and ceiling tile and like trade names (acoustical ceilings).

n. Unloading of all metal products involving ceiling work and slat wall. Installation and unloading of all chalk board and brand name materials used in school equipment. Unloading and installation of all gym bleachers, floors, backstops, and equipment. Installation of all interior trim, handrails, bookshelves, case work, etc. Unloading and installation of all finished cabinets (laboratory fixtures and tops), Fume Hoods, etc.

o. Installation of sheetrock (drywall) or like named product in its entirety. Unloading and installation of metal studs to receive same.

p. All lockers of any composition shall be the work of the carpenter to include, but not limited to, the unloading, installation or any other modification.

q. All phases Fire-stop shall be the work of the carpenter. r. All partitions of any composite shall be the work of the Carpenter to include, but not limited to, the

unloading, installation or any other modification. s. Installation of all interior wall and trim materials paneling, moulding, chair rail, base, door casings,

signs (door-hanging, etc.), the unloading of windows, the installation of all roof blocking and parapet walls, the unloading and installation of low voltage electrical hardware (including, but not limited to door hardware, etc.). All casino gaming equipment and furniture. all movable office furniture and partitions (5-6 ft. fabric screens), metal, plastic or fabric dividers.

t. Unloading and distribution of all building hardware locksets, push plates, door closures, door hinges, door stops, etc. to be installed by Carpenters.

u. Unloading and installation of all stores fixtures, wall units, check-out counters, shelving units, freezer and cooler units, display racks, etc.

v. The installation of all store shelves including glass and all interior trim materials. w. Installation of Bowling Alleys and Pin Setters Equipment (Benches, etc.).

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x. Handling & Distributions of all furnishings and appliances to the point of erection and installation. (Per agreement with Laborer's Local 210.)

y. Installation of all styrofoam and like named products used in construction when nailed or fastened to Building.

z. Use of all laser operations when laying out carpenter work. aa. The fabricating of all screeds and stakes (Green Book). bb. Unloading and installation of all hospital x-ray equipment and morgue equipment. cc. Installation and unloading of all dock and levelers. dd. Erection and removing of all scaffolds and guard rails (Green Book decision April 28, 1920). ee. Installation of bath and toilet room medicine cabinets, clothes hooks, hampers, magazine racks,

and storage cabinets and shelves per International Agreement. ff. Setting and Installation of all concrete formwork including all shoring, bracing and building of

forms, stripping of all concrete form work for buildings, excluding forms one board high. Laborer's Memorandum of Understanding of October 3, 1949 -layout work of all concrete forms. Gang forms to be handled by the Carpenter at all times (final ship out agreement with Laborer's Local 210).

gg. Expansion joints used in building construction. (Mechanical Joints). hh. All such work and jurisdiction as may have been acquired by reason of amalgamation or merger

with former national or international unions. The work herein is intended to describe the jurisdiction of Carpenters Local No. 276, and is not intended to exclude any work which is covered by the United Brotherhood of Carpenters and Joiners of America. ii. Installation of non-electronic signage. jj. Installation of low voltage ceiling grid. kk. Setting of fume hoods/lab clouds. ll. Setting of Video Lottery Terminals (VLT)

mm. LATHERS Erecting, constructing, installing and completing of all light iron construction furring;

making and erecting of brackets, clips and hangers; wood, wire and metal board or other material which takes the place of same to which plastic or acoustical material is adhered; comer beads, all floor construction; arches erected for the purpose of holding plaster, cement, concrete or any other plastic or acoustical material.

nn. All carrying bars, perlins and furring, regardless of size; light iron and metal furring of all descriptions, such as rods, channels, flat iron, nailock, screw-lock, pomeroy, T-bar, H-bar, metal splines and other ceiling bars or systems for the receipt of metal lath, rock lath, gypsum board, and acoustical tile or any other materials. All metal studs when studs are to receive a dry wall finish, such as gypsum board, wall board, wooden paneling, etc., or when such studs are to receive metal lath, rock lath or other material for the application of plaster or other sprayed on wet material; and all other light iron furring erected to receive lath and plastic or acoustical materials. oo. The nailing, tying and fastening of all wire and metallic lath, such as wire cloth, wire mesh, expanded metal lath, hyrib lath and all rib and flat expanded metal lath and wire of all description as well as the placing of all hangers and all inserts used for the purpose of supporting suspended ceiling of any of the above types or light iron and metal furring which receive lath and plastic or acoustical materials; the placing of all types of floor lath, such as hynb lath, paperback steehex floor lath, Penn metal rib and all other appurtenances connected therewith. pp. The tying, nailing, clipping or fastening of all types of lath regardless of size, such as woodlath, plaster board, button board, flaxlinum board, bishopric celotex, gypum lath, rocklath, sheetrock or any other types of material erected to receive or hold plastic or acoustical material. qq. The erection of all metal plastering accessories, such as metal comer beads, door and window casing beads, metal picture mould, metal chair rail, metal base and other base screen, and any and all other metal plastering accessories which are covered and/or serve as a ground, guard, or screen for plastic material.

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rr. The handling on the job site of all material or materials falling within the trade jurisdiction of the Lathers from the site of delivery on the job to the point of the job where work is to be performed with said materials. ss. The work of the fabrication of all Lathing materials on the job shall be assigned to Journeyperson Lathers. tt. In the event that the Employer who is a party to this Agreement assigns work set forth above to a labor organization other than the carpenters, it shall not be a defense to any arbitration, proceeding before an impartial jurisdictional dispute board, or any other legal action that the employer has a collective bargaining agreement with, that other labor organization which purportedly provides for an assignment of the work to that other union. uu. FLOOR COVERING Work consisting of cutting and/or forming of all materials in preparation for installing of floors, walls and ceilings except acoustic tile; the installation of all hardwood floors including strip, square, parquet, flat surface wood blocks, plank floors and all sanding, finishing and refinishing of old floors; the installation of all resilient floors, wall and ceiling materials to include all carpet, cork, linoleum, rubber, VCT, vinyl,. seamless floors and all other forms or finishing thereof, the installation of all artificial turf, the installation of carpets, including the cutting and/or fitting thereof, the installation of padding and all preformed resilient floor coverings; the installation of all devices for the attachment of floor, wall and ceiling coverings; track sewing of carpets; drilling of holes for sockets and pins; putting on dowels and slats; the installation of underlayment, sealants, patching compounds in preparations of floors, walls and ceilings; the unloading and handling of all materials to be installed, and the removal of all materials, cleaning, waxing and vacuuming in preparing floor when contracted for by the Contractor, shall be done by employees covered under this Agreement. Removal of floor material to be performed by Floor Contractor. Section 2. HEAVY AND HIGHWAY: The parties recognize the existence of a heavy and highway industry. The parties will, during the period of this Agreement, with due consideration of the problems peculiar to the heavy and highway industry study practical and suitable practices and procedures. FLOOR COVERING In the interest of promoting a more harmonious relationship between the employers and the Union and those employers and carpenters engaged in the floor laying industry and performing floor covering work, it is agreed that this addendum will become part of the Master Construction Agreement(s), applicable in the jurisdiction of the Northeast Regional Council of Carpenters. Work Jurisdiction and Preservation Work consisting of cutting and/or forming of all materials in preparation for installing on floors, walls and ceilings, except acoustical tile; the installation of all hardwood floors including strip, square edge, parquet, flat surface wood blocks, plank floors, and all sanding, finishing and refinishing of old floors; the installation of all resilient floors, wall and ceiling materials to include all carpet, cork, linoleum, rubber, asphalt, vinyl, seamless floors and all other forms or finishing thereof; the installation of all artificial turf; the installation of all carpets, including the cutting and/or fitting thereof; the installation of padding and all preformed resilient floor coverings; the installation of all devices for the attachment floor, wall and ceiling coverings; track sewing of carpets; drilling of holes for sockets and pins; putting on dowels and slats; the installation of underlayment, sealants, patching compounds in preparations of floors, walls and ceilings; the unloading and handling of all materials to be installed, and the removal of all materials, cleaning, waxing and vacuuming in preparing floors when contracted for by the Contractor, shall be done by employees covered under this Agreement, removal of flooring material to be performed by the Floor Contractor. Should a signatory employer perform floor covering work in any of the local jurisdiction(s) covered by the Northeast Regional Council of Carpenters, the employer shall work under the terms and conditions of

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the Collective Bargaining Agreement, in place in that area; inclusive of all terms, conditions and trust agreements covering the applicable fringe benefit funds. The same shall apply to all sub-contractor(s) of the contractor and their employees engaged in floor covering work. Employee(s) hired through another local union jurisdiction shall receive the local negotiated wage and fringe benefit(s) provided for in the Collective Bargaining Agreement applicable to the area where the work is being performed. Fringe benefits shall be purchased through the appropriate fund in the geographic jurisdiction covering the project location of the work. Agreements shall be honored for reciprocity to the home local funds of the participating floor layers. Dues, working dues or local union assessment(s) shall be paid directly to Carpenter's Local Union 251, 91 Fieldcrest Ave., Suite A22, Edison, NJ 08837. Local Union 251 having jurisdiction over floor covering throughout the Northeast Regional Council of Carpenters shall receive notice by the employer 24 hours prior to the commencement of work, inclusive of location and the name of all employee floor layers employed at said location. Any request by the employer for additional floor layers that may be required shall be directed to Carpenters Local Union 251. Local Union 251 will make every effort to assign directly or indirectly, regionally qualified bargaining unit members of the craft industry. Persons employed by the employer in the floor laying industry performing floor covering work as herein defined, shall, with seven (7) days of commencing employment become members of Carpenters Local Union 251. It is agreed that signatory employers have complete mobility of the Union workforce throughout the jurisdiction of the Northeast Regional Council of Carpenters. It is further agreed that an employer's request for a four day, ten hour work week shall not be unreasonably denied when requested 24 hours in advance of its commencement. Said request shall be made to Carpenters Local Union 251. All work performed after a ten hour day or 40 hours in the same 7 day work week (Monday through Sunday) shall be paid at the overtime rate required by the Collective Bargaining Agreement in the area that the work was first performed. The foregoing shall apply to all work performed by the same worker In that week regardless of location, who shall be paid at the overtime rate provided for in the area where overtime work is performed. A Union Shop Steward will be required on all projects. SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Foreman: 10% of Journeyman total package General Foreman: 10% of Foreman total package

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WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the county of Erie, Townships of Persia and Perrysburg in Cattaraugus County 7/1/2016: $0.25 Distribution: Wage Rate $31.80 Health $10.85 Annuity $7.28 Pension $8.25 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.15 ASP $0.20 Total Package $59.23


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APPENDIX H – Local 276 Counties of Genesee, Niagara, Orleans and Wyoming (except for the townships of Castile,

Gainesville, Genesee Falls, Perry, Pike and Warsaw) The Building Industry Employers Association of Niagara County, New York: Counties of Genesee, Niagara, Orleans and Wyoming (except for the townships of Castile, Gainesville, Genesee Falls, Perry, Pike and Warsaw) TRADE JURISDICTION The parties hereto agree that only members of the unit referred to herein shall perform work in the following classifications: Heavy-Highway and Bridge work; Commercial and Industrial work; the handling, milling, fashioning, joining, assembling, erection, fastening or dismantling of all materials of wood, plastic, metal, fibre, cork and composition, and all other substitute materials; the laying of all cork or composition flooring; rubber tile, mastic tile, cork tile, and all linoleum; the manufacture of all wood and substitute materials, where the skill, knowledge and training of a carpenter are required, either by the operation of the machinery or hand tools, the unloading and handling of all materials; the erection, fitting, plumbing, leveling, aligning, and setting of precast concrete pieces; the manufacture and/or production of all concrete pieces made by precasting poststressing, or by prestressing; the unloading, handling and installation of store fixtures; the unloading, handling and placing of all refrigerated cases and/or boxes. Section 1. The following trade jurisdiction and the work performed by employees in such categories, are the work of the member of that unit covered by this Agreement; carpenters and joiners, reed and rattan workers, railroad carpenters, ship carpenters, caulkers and joiners, bench hands, cabinet makers, stair builders, floor layers, millwrights, box makers, furniture workers, bridge, dock and wharf carpenters, shipwright and boat builders, car builders and all workers engaged in the running of woodworking machinery, the laying of all canvas roofs and decks, and all insulation workers; and any and all additional work agreed upon between the parties, orally or in writing, shall be the work of the members of the unit covered by this Agreement. Section 2. Any member of the unit covered by this Agreement, shall perform such welding work as is an adjunct to the trade, as agreed upon and declared by the National Building and Construction Trades Council, which has ruled that the welding torch, the electric welder, and any other type of welding are tools of the trade. Section 3. Only members of the Unit covered by this Agreement shall engage in the setting, plumbing and bracing of all steel and aluminum sash on open walls, and wherever such sash is fastened to wood. Section 4. Where substitutes are utilized, replacing the materials, normally used by members of the Unit covered by this Agreement, and requiring the skill and tools of members of the Unit, same shall be handled, erected, placed and/or installed only by members of the Unit covered by this Agreement. The parties hereto further agree as follows: Section 5. Only members of the Unit covered by this Agreement shall be engaged in the following: a. Fabricating, erecting and dismantling of all falsework. b. Where power is used for the setting or dismantling of forms or any other materials erected by Carpenters,

all handling and signaling shall be done by the Carpenter. c. The fabrication and/or setting of all templates, including anchor bolts necessary for structural members

or machinery and the placing and/or leveling of these bolts is included. d. All framing in connection with the setting of metal columns.

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e. The setting of all forms, centers and bulkheads, the fabrication and setting of screeds and stakes for concrete and mastic floors where the screed is notched or fitted or made up of more than one member. The making and setting of all forms used in concrete work.

f. Fastening on of all wooden, plastic or composition cleats to iron work or on other materials. g. The erection and installation of all Stran Steel or similar material. h. Setting and hanging of all sash, doors, inside and outside blinds, windows and other frames. i. Erection or application of all shingles, siding wallboard, or sheets composed of wood, wood pulp,

plastic, plaster, transite or composition materials or any other material including combined or faced with metal regardless of the manner attached.

j. Erection of all wood, metal, plastic and composition partitions. k. The erection of cooling towers and tanks. l. The laying and finishing of all floors, including wood, cork, asphalt, linoleum, vinyl, rubber or other

type of resilient floor covering. m. The installation of rugs, carpets, draperies and curtains. n. The installation and handling of laboratory equipment including cabinets and work benches, bookcases

and cabinets either separately or used in conjunction with heating and/or air conditioning units, blackboards, bulletin boards, billboards, meter boards, and boards of all types.

o. The erection of porcelain enameled panels and metal siding. p. The assembling and setting of all seats in theaters, halls, churches, schools, banks, stadiums and open-air

theaters and other buildings. q. The application of acoustic tile whether glued or nailed. r. Acoustical suspended ceiling in its entirety. s. All insulation whether nailed or glued or blown. t. The installation of non-electronic signage. u. The installation of low voltage ceiling grid. v. The setting of fume hoods/lab clouds. w. The setting of Video Lottery Terminals (VLT). Section 6. All Carpenter layout work (in or outside of building) from established Bench Marks, Lot Line or Center Line and the necessary instruments to perform same. a. Concrete Forms: Wooden forms shall be cut and fabricated by the Carpenter. This is to include all

column forms, beam bottoms, beam sides, common wedges, common stakes and the sizing of precut and similar types of materials often used in the making of concrete forms.

b. Stripping: All patented forms shall be stripped by the Carpenter to the point of releasing them from concrete, column forms, beam bottoms and beam sides shall be stripped by the Carpenter. The breaking of Snap-Ties is the work of the Carpenter when same is done to permit the releasing of concrete forms.

c. Scaffolding: The members of the unit covered by this Agreement shall erect and dismantle all wooden or pole scaffolding, erect and dismantle all Morgan and similar type scaffolding, and all scaffolding rising to above fourteen (14) feet, including the decking, planking, hand rails and toe boards of same to comply with the State and Federal Safety Codes. Scaffold to be used by Carpenters regardless of height shall be the work of Carpenters.

d. All weather protection including all types of falsework and the covering of same with any material that is secured by any means.

e. To convey all power equipment and accessories used in the performance of their work. f. Unloading and distribution of all hardware. Section 7. Other than the unloading and stockpiling of dimensional lumber and materials not related to Carpenter jurisdiction, the unloading and conveying of all materials, fixtures, cases and furniture used by or installed by the Carpenter. a. The first cleaning (mopping or washing), waxing and/or polishing of floors installed by the Carpenter.

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b. Stripping, dismantling and handling of concrete forms and falsework, including beam bottoms, beam sides and flat surfaces along with building of centers for fireproofing purposes, and the erection of composition, gypsum and precast concrete roof blanket.

c. All Carpenter work in conjunction with sewers, shafts, tunnels, subways, caissons, cofferdams, dikes, dams, aqueducts, culverts, flood controls and airports, and the shoring, underpinning, raising and moving of all structures.

d. All insulation applied by any means, when such insulation is applied over metal laths, ceiling, above soffits, behind facia work and ceiling drop, and in metal stud walls or partitions of any description regardless of finish material applied to metal studs.

e. Notwithstanding the foregoing jurisdictional claims made by the Carpenter, the parties hereby agree that such claims are subject to Charter Grants to the United Brotherhood of Carpenters and Joiners of America, Green and Gray Book Decisions of Record, 10-K Decisions of General Application, Agreements of Record between Local Unions and Agreements of Record between International Unions.

Section 8. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. ITEMS TO BE NEGOTIATED WITH THE UNION: Maintenance; Housing and Residential; Heavy & Highway; Subcontracting Language SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Foreman: 10% of Journeyman total package General Foreman: 10% of Foreman total package WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the Counties of Genesee, Niagara, Orleans and Wyoming (except for the townships of Castile, Gainesville, Genesee Falls, Perry, Pike and Warsaw) Building 7/1/2016: $0.25 Distribution: Rate $31.33 Health $10.85 Annuity $6.01 Pension $7.00 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.15 ASP $0.15 Total Package $56.19

Future Increases* (distribution to be determined) 7/1/2017: $0.35 7/1/2018: $0.45 7/1/2019: $0.55 7/1/2020: $0.55 ASP: $0.15

Heavy Highway: See applicable rate schedule

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APPENDIX I – Local 276 Counties of Allegany, Chautauqua and Cattaraugus (except for the Town of Perrysburg and the

Village of Gowanda in Town of Persia)

Southern Tier Contractors Association: Counties of Allegany, Chautauqua and Cattaraugus (except for the Town of Perrysburg and the Village of Gowanda in Town of Persia) TRADE JURISDICTION Section 1. The trade autonomy of the United Brotherhood of Carpenters and Joiners of America consists of the milling, fashioning, joining, assembling, erection, fastening or dismantling of all material of wood, plastic, metal, fiber, cork and composition and all other substitute materials. The handling, erecting and installation and dismantling of machinery and equipment and the manufacturing of all materials, where the skill, knowledge and training of the Carpenter and Joiner are required, either through the operation of machine or hand tools, either at the job site or in the production shops, mills or factories. Section 2. Our claims of jurisdiction therefore extend over the following divisions and subdivisions of the trade: Carpenters and Joiners; Millwrights; Piledrivers; Bridge, Deck and Wharf Carpenters; Divers; Underpinners; Timbermen and Core Drillers; Ship-wrights; Boat Builders; Ship Carpenters; Joiners and Caulkers; Cabinet Makers; Bench Hands; Stair Builders; Millmen; Wood and Resilient Floor Layers and Finishers; Carpet Layers; Shinglers; Sider; Insulator; Acoustic and Dry Wall Applicators; Shorers and House Mover; Loggers; Lumber and Saw Mill Workers; Furniture Workers; Reed and Rattan Workers; Shingle Weaver; Casket Makers; Box Makers; Railroad Carpenters; Car Builders and those engaged in the operating of woodworking or other machinery required in the fashioning, milling or manufacturing of products used in the trade or engaged in as helpers to any of the above divisions or sub-divisions and the handling, unloading and distributing of finished products, erecting and installing of any of the above divisions or subdivisions; burning, welding, rigging and the use of any instrument or tool for layout work, incidental to the trade. When the term "Carpenter and Joiner" is used, it shall mean all sub-divisions of the trade. Section 3. It is agreed that the following items of work which have been consistently proven to be the work of Carpenters shall be performed by Carpenters: a. The laying, cutting and fastening of all roof deck planking, whether, gypsum, concrete, insulroc,

tectum or any other similar planks which are laid dry, regardless of whether the joints are later filled or not.

b. The erection of all grid type ceilings or installation of Z type ceilings and the necessary runner, channels, wall angles, cross T's and all other necessary parts of the ceiling installation.

c. The installation of all Mar Lite and Mirawall Board whether interior or exterior. d. The erection of all dry wall construction both studs and board, whether metal or wood. e. The installation of all Herman-Nelson Cabinets, Nesbitt Cabinets, Schemenauer, Trane, Warner-

Webster Cabinets and similar type cabinets regardless of name. f. The installation of all Porcelain Enamel Panels, interior and exterior, installation of all windows and

doors regardless of material. g. The stripping of all forms for concrete work where the material is to be reused, except flat arch work

and forms not to be reused. h. The installation of all display cases and the metal trim. i. The erection and dismantling of all scaffolding fourteen (l4) feet and over with Laborers tending. It

is also understood where mud sills are required, the leveling of same is the work of the Carpenters. j. The manning of all power nails and compressors to run the same. k. The manning of jacks on slip forms. l. The rigging, setting, aligning and leveling of precast and post-stressed concrete shall be the work of

the Carpenters.

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m. Fabrication and installation of structural plastic, as well as other plastic materials, installation of metal shelving and operation of laser beams.

n. Erection of certain types of pre-engineered metal buildings. o. All installation of imbedded metals and related machine bases. p. All carpenter work related to (piles, forms, etc.) the removal and clean-up of asbestos and hazardous

waste. q. That Line and Grade Work incidental to any phase of the Building Construction (including grading,

excavation, erection, construction, repair, alteration, modification, etc. of any building) shall be considered to be the jurisdiction of the Carpenter and shall be assigned by the Employer to the Carpenter, except that the Employer may continue to accomplish this process according to his past practice using job supervisory personnel.

r. On a hazardous work place or site, carpenters trained in hazardous work shall be employed to perform the work traditionally performed by the carpenters, subject to availability.

s. Roof blocking except as required by manufacturers warranty, toilet room partitions and accessories, the setting of Video Lottery Terminals, electronic hardware and demountable partitions (cubicles, office partitions & fabric dividers).

t. The installation of non-electronic signage. u. The installation of low voltage ceiling grid. v. The setting of fume hoods/lab clouds. w. The setting of Video Lottery Terminals (VLT) Section 4. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. Section 5. It is agreed that until the Impartial Jurisdictional Disputes Board awards the above items of work to another trade, they are to be erected with Carpenters. If the Impartial Jurisdictional Disputes Board, National Labor Relations Board, or an International Agreement awards any of these items to another trade, they shall be removed from this Agreement. SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. RESIDENTIAL The wage rate for Residential work will be paid at eighty percent (80%) of the basic rate, with 100 percent (100%) fringes. PREMIUM WAGE RATES Building Foreman: $1.50 General Foreman: $2.00

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WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) Counties of Allegany, Chautauqua and Cattaraugus (except for the Town of Perrysburg and the Village of Gowanda in Town of Persia) Building 7/1/2016: $1.13 Distribution: Wage Rate $25.61 Health $8.70 Annuity $1.50 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.14 Total Package $43.35


Alfred Town 7/1/2016: $0.55 Distribution: Rate $27.32 Health $8.70 Annuity $3.51 Pension $6.60 Edu. & Training $0.60 UBC $0.10 CCT-NY/NJ $0.10 ASP $0.27 Total Package $47.20

Future Increases (distribution to be determined) 71/2017: $0.60 7/1/2018: $0.70 7/1/2019: $0.80 7/1/2020: $0.80 ASP: 1% of the base rate rounded up

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APPENDIX J – Local 276 Counties of Livingston, Monroe, Ontario and Wayne, and the townships of Genesee Falls, Castile,

Perry, Warsaw, Gainesville and Pike in Wyoming County Construction Industry Association of Rochester: Counties of Livingston, Monroe, Ontario and Wayne, and the townships of Genesee Falls, Castile, Perry, Warsaw, Gainesville and Pike in Wyoming County TRADE JURISDICTION The Employer acknowledges the following as the jurisdictional claims of the United Brotherhood of Carpenters and Joiners of America. Notwithstanding these claims, however, the Employer’s obligation in making work assignments shall be in accordance with provisions of Section 5 of the Article. Section 1. Jurisdictional claims: Home building and house construction work; commercial and industrial work; the handling, milling, fashioning, joining, assembling, erection, fastening or dismantling of all materials of wood, plastic, metal, fiber, cork and composition, and all other substitute materials; the manufacture of all wood and substitute material, where the skill, knowledge and training of a Carpenter are required, either by the operation of machinery or hand tools, the unloading and handling of all materials; the erection, fitting, plumbing, leveling, aligning and setting of precast concrete pieces; the manufacture and/or production of all concrete pieces made by precasting, poststressing or by prestressing; the unloading, handling and installation of store fixtures; the unloading, handling and placing of all refrigerated boxes and/or cases; the installation of non-electronic signage; the installation of low voltage ceiling grid; the setting of fume hoods/lab clouds; the setting of Video Lottery Terminals (VLT); the setting, plumbing and bracing of all steel and aluminum sash on open walls and wherever such sash is fastened to wood; the handling erection, placing and/or installation of substitutes replacing the materials normally used by members of the Unit covered by the Agreement and requiring the skills and tools of members of the Unit. Section 2. The following trade jurisdiction and the work performed by the employees in such categories: Carpenters and joiners, reed and rattan workers, railroad Carpenters, ship Carpenters, caulkers and joiners, bench hands, cabinet makers, stair builders, floor layers (as provided for in the Floorlayer Addendum between the Union and the Association), millwrights (as provided for in the Millwright-Pile driver Agreement between the Union and the Association), box makers, furniture workers, bridge, dock and wharf Carpenters, shipwright and boat builders, car builders and all workers engaged in the running of woodworking machinery, the laying of all canvas roofs and decks, and all insulation workers; and any and all additional work agreed upon between the parties, orally or in writing. Section 3. Jurisdictional claims: Fabricating, erecting and dismantling of all false work; handling and signaling where power is used for the setting or dismantling of forms or any other material erected by Carpenters; the fabrication and/or setting of all templates, including anchor bolts necessary for structural members or machinery and the placing and/or leveling of these bolts included; all framing in connection with the setting of metal columns; the setting of all forms, centers and bulkheads, the fabrication and setting of screeds and stakes for concrete and mastic floors where the screed is notched or fitted or made up of more than one member; the making and setting of all forms used in concrete work; fastening on of all wooden, plastic or composition cleats to iron work or other materials; the erection and installation of all Strand Steel or similar materials, setting and hanging of all sash, doors, inside and outside blinds, windows and other frames; erection or application of all wood shingles, siding wallboard, or sheets composed of wood, wood pulp, plastic, plaster transite or composition materials or any other material including combined or faced with metal regardless of the manner attached; erection of all wood metal, plastic and composition partitions; the erection of cooling towers and tanks; the installation of rugs, carpets (as provided in the Floor Layer Agreements between the Union and the Association), draperies and curtains; the installation and handling of laboratory equipment including cabinets and work benches,

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bookcases and cabinets either separately or used in conjunction with heating and/or air conditioning units, black boards, bulletin boards, bill boards, meter boards and boards of all types; the erection of porcelain enameled panels and metal siding; the assembling and setting of all seats in theaters, halls, churches, schools, banks, stadiums, and open-air theaters and other buildings; the application of acoustic tile whether glued or nailed; acoustical suspended ceiling in its entirety; all insulation whether nailed, glued or blown; the building and dismantling in their entirety from the ground up of all scaffolds over 14 ft. in height; the building and dismantling of all wood and specially designed scaffold in their entirety; the watching of forms during a concrete pour, where a workman is assigned for such purpose. Section 4. Installation of all air supported dome structures and apparatus, regardless of use; installation of the Tecktum roof system in their entirety and any similar system regardless of trade or patent name; installation of insulated panels for exterior walls or cooler units, including doors or other apparatus; installation of all corrugated fiberglass siding shall be assigned to Carpenters, that will be attached to wood or steel, installation of all windows, regardless of material, fastening systems or material attached to, shall be the work of the Carpenter; installation and construction of bleacher seats, indoor or outdoor, regardless of material, shall be the work of the Carpenter. The Carpenters shall perform all work on buildings in conjunction with tunnels that is normally done by Carpenters on any other type of construction. Section 5. Any members of the Unit covered by this Agreement shall perform such welding and burning work, as is an adjunct to the trade. Section 6. All firestopping and gaming equipment. Section 7. Any equipment or process, including automation, material or technologies that replaces or augments work that is being performed or had been traditionally performed by Carpenters, shall be assigned to Carpenters subject to overriding statutes or ordinances. FLOORLAYER CONTRACT Section 1. The Floorlayer addendum only applies to contractors that sign this addendum. Signing the Empire State Regional Council of Carpenters Local 85 Agreement does not obligate the contractor to the Floorlayer addendum. Section 2. Jurisdiction: Work consisting of cutting and/or forming of all materials in preparation for installing on floors, walls and ceilings, except acoustical tile; the installation of all hardwood floors including strip, square edge, parquet, flat surface wood blocks, plank floors and all sanding, finishing and refinishing of old floors; the installation of all resilient floor, wall and ceiling materials to include all carpet, cork, linoleum, rubber, asphalt, vinyl, seamless floors and all other similar materials in sheet, interlocking, liquid or tile form, the installation of all artificial turf, the installation of all carpets, including the cutting and/or fitting of; the installation padding and all preformed resilient floor coverings; the installation of all devices for the attachment of floor, wall and ceiling coverings; track sewing of carpets, drilling of holes for sockets and pins; putting on dowels and slats; the installation of underlayments, sealants, patching compounds in preparations of floors, walls and ceilings; the unloading and handling of all materials to be installed, and the removal of all materials; cleaning; waxing and vacuuming in preparing floor when contracted for by the Contractor, shall be done only by employees covered under this Agreement. Removal of flooring material to be performed by Floor Contractor. Also all lettering, logos, and artwork on floors. Section 3. Unless specified in the Floorlayer Addendum, all terms, working conditions and requirements are the same as those in the Local 85 Agreement.

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Section 4. When the hall is called, the first man dispatched shall be the steward. Section 5. Foreman Differential: If more than two men are hired out of the hall, a foreman shall be appointed and paid twenty-five ($0.25) cents per hour in addition to journeyman’s wages and fringes. SMALL COMMERCIAL By mutual agreement between the Employer and the Union, on a case-by-case basis, a wage rate for Small Commercial and/or Industrial work shall be established. PREMIUM WAGE RATES Foreman: 5% of Journeyman total package General Foreman: 7% of Journeyman total package WAGE INCREASES/ADMINISTRATION AND SAFETY PROGRAM (ASP) For the counties of Livingston, Monroe, Ontario and Wayne, and the townships of Genesee Falls, Castile, Perry, Warsaw, Gainesville and Pike in Wyoming County Building 7/1/2016: $0.50 Distribution: Rate $28.88 Health $9.53 Annuity $4.75 Pension $5.75 Educ and Train $0.60 UBC $0.10 CCT-NY/NJ $0.15 ASP $0.35 Total Package $50.11

Future Increases (distribution to be determined) 7/1/2017: $0.53 7/1/2018: $0.75 7/1/2019: $0.75 7/1/2020: $0.75 ASP: 0.7% of total package

Floorlayer 7/1/2016: $0.50 Distribution: Rate $26.36 Health $9.20 Annuity $4.35 Pension $3.55 Educ and Train $0.60 UBC $0.10 CCT-NY/NJ $0.15 ASP $0.31 Total Package $44.62

Future Increases (distribution to be determined) 7/1/2017: $0.53 7/1/2018: $0.75 7/1/2019: $0.75 7/1/2020: $0.75 ASP: 0.7% of total package

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APPENDIX K – Collections Policy Effective March 2013

EMPIRE STATE CARPENTERS ANNUITY FUND

EMPIRE STATE CARPENTERS APPRENTICESHIP FUND EMPIRE STATE CARPENTERS PENSION FUND

EMPIRE STATE CARPENTERS WELFARE FUND EMPIRE STATE CARPENTERS LABOR-MANAGEMENT COOPERATION FUND

JOINT POLICY FOR COLLECTION OF DELINQUENT CONTRIBUTIONS

ARTICLE I GENERAL POLICY

1.1 General Provisions A. Collection of Contributions. It is the policy of the Empire State Carpenters Annuity Fund, Empire State Carpenters Apprenticeship Fund, Empire State Carpenters Pension Fund, Empire State Carpenters Welfare Fund, Empire State Carpenters Labor-Management Cooperation, and Empire State Carpenters Scholarship Fund (collectively, "the Funds") to collect all employer contributions as they are due and to make such diligent and systematic efforts as are appropriate under the circumstances to do so. B. Remaining Employer Obligation. If an employer ceases to have an obligation to contribute to one of the Funds under that Fund's Trust Agreement, a collective bargaining agreement ("CBA"), or applicable law, the employer shall remain subject to this Policy with regard to the time period during which the employer was obligated to contribute to the Fund. C. Remedies. The Trustees have the legal right to exercise all remedies allowable under the Restated Agreement and Declaration of Trust for the Funds (collectively, "the Trusts"), the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and other applicable laws, including but not limited to:

1. the right to establish a date on which contributions are due; 2. the right to audit the financial records of the employers, including but not limited to, payroll

ledgers, federal and state tax returns, IRS Forms 941 and such other books and records of the employers that are necessary in order for the auditors to ascertain that the proper contributions have been made;

3. the right to establish a random audit program; 4. the right to require that a delinquent employer pay the cost of an audit, interest (as provided in

Section 2.1(C)), attorneys' fees, and any other expenses incurred by the Fund in determining the amount of a delinquency and in collecting a delinquency;

5. the right to recover liquidated damages (as provided in Section 2.1(D) and Article 6); 6. the right to require a bond or a cash deposit as security for prompt future payments due from

an employer that has been habitually delinquent in its contributions to the Fund; and 7. the right to take any other steps and to perform all other acts that are necessary in order to

collect contributions due to the Fund in a timely and expeditious manner. D. Collection Procedures. This Policy for Collection of Delinquent Contributions ("Policy") set forth herein shall be followed unless the Boards of Trustees determine that they should be waived in a particular instance. E. Resolution by the Board of Trustees. All questions or disputes relating to the interpretation,

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meaning and/or application of this Policy shall be finally and exclusively resolved by the relevant Board of Trustees in the exercise of its discretion and in the performance of its fiduciary obligations to the Fund's participants and beneficiaries, in the protection of the financial integrity and soundness of the Fund and the efficient and effective administration of the Fund. F. Employer Notification Obligation. Employers subject to this Policy are required to notify the Fund in writing of any changes or modifications to the name in which the employer conducts business under this Policy. Notification of the establishment of a new business entity by the employer must also be reported to the Fund.

ARTICLE 2 COLLECTION PROCEDURE AND OTHER PROCEDURES IN

CASES OF DELINQUENCY

In accordance with the Trust Agreement, ERISA, and the above declaration of policy, the following administrative steps shall be taken to effectuate the collection of delinquent contributions: 2.1 Pre-Arbitration Administrative Steps to be Taken by the Fund Office A. Due Date Defined. Contributions and the supporting remittance report, shop report or weekly payroll report (collectively referred to herein as "Contributions") are due on the date the employer's CBA requires payment or if the CBA does not state a due date, then Contributions are due on or before 48 hours following the end of the payroll period ("Due Date"). Contributions shall become delinquent if not received by the first day of the month following the Due Date. B. Verbal Notice to Employer. In the event the Fund has not received Contributions by the Due Date, and to the extent practicable, in addition to the procedures described below, the Fund Office shall contact the employer and the local Union by telephone, to attempt to effectuate payment of Contributions. C. Interest. Interest shall be assessed against a delinquent employer if Contributions are not received by the first day of the month following the Due Date. Interest shall be calculated at the minimum rate of .75% per month, compounded, unless a greater rate is otherwise specified in the applicable CBA, or at any other rate as the Trustees may fix from time to time. Interest shall be calculated from the first day of the month in which the Due Date occurred until the date Contributions are paid. D. Written Notice to Employer. If Contributions are not received by the first day of the month following the Due Date, the Empire State Carpenters Fringe Benefit Funds' Fund Office ("Fund Office") will send a written notice to the employer at the employer's business address on file with the Fund Office advising the employer that Contributions are past due and that Contributions and interest must be received within 60 days of the date of the notice. The notice shall state that the employer may be liable for additional interest, liquidated damages, attorneys' fees and court costs incurred to collect Contributions. The notice shall also advise that if payment is not received within 60 days of the date of the notice, the matter will be scheduled for arbitration by the Fund Office. E. Notice to Delinquency Counsel of Employer Dispute. The Fund Office shall immediately notify the Funds' Delinquency Counsel as soon as it learns that the employer is disputing its obligation to contribute on behalf of one or more employees, or because the CBA has expired, or the employer otherwise argues it no longer is required to make contributions. F. Initiation of Arbitration Process. If Contributions are not received within 60 days of the date of the notice to the employer, as described in Section 2.1(D), the Fund Office shall refer the matter to the Funds'

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Delinquency Counsel for collection and shall initiate the arbitration process as described in Section 2.2 below. G. Payment of Principal but Not Interest. If an employer pays the principal amount of the delinquency, but does not pay accrued interest and/or any other amounts owed, acceptance of the principal amount shall not constitute a waiver of the Fund's claim for accrued and unpaid interest and/or any other amounts. 2.2 Initiation of Arbitration Process A. Notice to Arbitrate. If the delinquent Contributions are not received within 60 days following the date of the notice described in Section 2.1(D), the Fund Office shall prepare a Notice to Arbitrate before the Fund’s designated arbitrator. The Notice to Arbitrate shall be signed by the Empire State Carpenters Fringe Benefits Funds’ Director (“Fund Director”) or Collections Coordinator on behalf of the Trustees. B. Employer Dispute Regarding Designated Arbitrator. If after receiving a Notice to Arbitrate, an employer does not agree to arbitrate the delinquency before the designated arbitrator, the matter shall be pursued by Delinquency Counsel in Federal Court as set forth in Article 3.

ARTICLE 3 LEGAL ACTION AND SETTLEMENT

3.1 Review Criteria Action by Delinquency Counsel. If the employer does not agree to arbitration consistent with Article 2, Delinquency Counsel shall initiate legal action in Federal Court, unless Delinquency Counsel recommends a different course of action based upon pertinent factors which include, but are not limited to, the following the amount of the delinquency;

1. the length of time the delinquent amount has been owed; 2. the financial condition of the employer; 3. the employer's past performance as a contributing employer; 4. the likelihood of collecting on a judgment once it is obtained; 5. any other factor that, in the discretion of Delinquency Counsel, may have a material bearing

on the collection of the delinquent Contributions. The Board of Trustees, in its sole discretion, shall determine whether a lawsuit shall be commenced. If the Trustees decide not to litigate a particular matter, they may, in their discretion, apply such delinquent amounts to an employer's account and such amounts will be considered due and owing upon any subsequent delinquency of that employer. 3.2 Pre- and Post-Award Litigation. If an arbitration award has not been satisfied within 60 days of the date it is sent to the employer, Delinquency Counsel shall seek to confirm the award in federal court. 3.3 Settlement Negotiations. Delinquency Counsel, the Fund Director or the Collections Coordinator is authorized to enter into settlement negotiations, either orally or in writing, with delinquent employers. Delinquency Counsel, the Fund Director or the Collections Coordinator may not agree to any settlement that waives or compromises the amount owed, including interest, liquidated damages, attorneys' fees or costs. Such settlements must be approved by the Board of Trustees or its designee, as appointed pursuant to Section 3.9 below.

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3.4 Rejection of Proposal for Settlement. Delinquency Counsel, Fund Director or the Collections Coordinator may, without Board consultation, reject any proposal for settlement that contemplates the payment of amounts due over a period of time, if its acceptance would result in collection of less than the total amount owed. Such rejection shall be subject to the Board of Trustees' subsequent review. 3.5 No Waiver of Interest, Liquidated Damages, or Attorneys' Fees. Unless the Trustees specifically agree to the contrary, no settlement may permanently waive the collection of interest, liquidated damages or attorneys' fees, although any settlement may suspend the collection of interest, liquidated damages, or attorneys' fees until a subsequent delinquency if the current collection of those amounts would involve unwarranted expense. 3.6 Determination by the Board of Trustees. The Board of Trustees reserves the right to accept or reject an employer's proposal to pay delinquent Contributions, interest, liquidated damages, and attorneys' fees over a period of time and to compromise any claim or delinquent account as recommended by Delinquency Counsel; provided however, that any such decision to extend the time for payment, or to compromise the amount owing, complies with the Department of Labor Prohibited Transaction Exemption 76-1. 3.7 Settlements over Time. Settlements calling for payment over time or compromising the amount, including interest, liquidated damages, attorneys' fees or costs, must be in writing and signed by the employer unless it would be inappropriate under the circumstances to do so. The Trustees must approve any proposal for any payment schedule that exceeds twelve months for all amounts owed, including interest and fees. 3.8 Expedited or Delayed Collection Action. Notwithstanding the procedures set out in this policy, the Board of Trustees may refer any delinquent account to Delinquency Counsel at an earlier or later date than provided for herein when circumstances warrant that collection action be expedited or delayed. 3.9 Board of Trustees Delinquency Committee. The Trustees may appoint a Delinquency Committee of at least one Employer Trustee and one Union Trustee to act on behalf of the Board of Trustees, as provided for under this Policy. If such Committee has been appointed, all actions required to be taken by the Board of Trustees can be taken by such Committee on behalf of the entire Board.

ARTICLE 4 PAYROLL AUDIT POLICY

4.1 Payroll Audit A. Timing of Audit. The Board of Trustees shall have discretion in determining which employers will be audited in each year. In general, each employer participating in the Funds with a contribution history that exceeds a minimum threshold established by the Trustees and determined from time to time based on relevant facts and circumstances (including the level of work in the geographic area), shall be audited at least once during a three-year period. It is the intention of the Trustees that all employers contributing a particular Fund be audited at least once during a five-year period, such period to commence from the date of the last audit of the employer, or, in cases where an employer has not previously been audited, within one year from the date the employer first became a participating employer in the Fund subject to the statutory period of limitation for contract actions.

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B. Audit Period. The period audited shall be three years, unless circumstances dictate otherwise. In instances in which the Trustees decide not to audit a particular employer at least once during a three-year period, the period audited shall be determined by the Trustees based on the particular facts and circumstances. C. Trustee Discretion. Notwithstanding the guidelines of this Section 4.1, the Trustees may, in the exercise of their discretion, determine that the audit schedule set forth above should not be followed in a particular instance. For example, the Trustees may, in the exercise of their discretion, decide not to conduct an audit if an employer has consistently reported accurately or, if facts and circumstances indicate that a particular employer may be reporting inaccurately or inconsistently, the Trustees may direct that the Fund's auditor to conduct an audit. If an audit uncovers inaccurate or inconsistent reporting by an employer, the Fund's auditor shall monitor such employer and schedule a subsequent audit within the appropriate statute of limitations. 4.2 Remaining Employer Obligation. If an employer ceases to have an obligation to contribute to the Fund under the Trust Agreement, a CBA, or applicable law, the employer shall remain subject to these audit procedures for the purpose of verifying that the employer made the proper contributions during the time period in which the employer was obligated to contribute to the Fund. 4.3 Notice to Fund Office and Employer. Prior to conducting each audit, the Fund's auditor shall notify the Fund Office of its intent to conduct an audit and shall review the employer's CBA and any pending issues. The Fund Office will forward a letter to the employer advising it of the impending audit, citing the Trustees' authority to conduct the audit and describing the records required to be made available at the audit. 4.4 Employer Response. After an audit of an employer is conducted, the Fund's auditor shall review the auditor's findings with the employer. After providing the employer with a reasonable time to respond to the auditor's findings, the auditor shall issue a final report to the Fund with its payroll audit findings. All final audits should be presented to the Fund's collection coordinator prior to issuance to the employer. 4.5 Demand Letter. Upon receipt of the Fund auditor's report, the Fund Office shall send a letter to the employer demanding payment, within 14 days of the date of the letter, of any amounts found to be due by the auditor, including any costs and fees of the audit, if applicable. The letter shall state that interest on the delinquent Contributions shall be calculated as set forth in Section 2.1(C), calculated separately as to each person on whose behalf the employer is delinquent in making Contributions and for the specific time period the employer was delinquent for that employee. For the purpose of implementing the procedures set out in Articles 2 and 3 of this Policy, the Due Date shall be thirty calendar days after the Fund Office's letter described herein. 4.6 Cost of Audit. The employer shall pay the actual cost of a payroll audit except that if the payroll audit results in a finding that the employer has underpaid by 3% or less of its annual contributions during any twelve month period covered by the audit. 4.7 Employer Refusal. In the event an employer refuses to permit an audit upon request by the Trustees or if the employer refuses the Fund's auditor access to pertinent records, then the Fund Office shall refer the matter to Delinquency

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Counsel. If appropriate, the Fund's Collection Coordinator shall provide a letter giving the employer seven days to schedule the audit. If the employer does not comply, the matter should be referred to Delinquency Counsel to issue a written demand to the employer's last address on file with the Fund Office that the employer make available such books and records as are necessary for the Fund's auditor to conduct an audit. If the records are still not made available, Counsel shall institute legal action to enforce the Trustees' right to conduct a payroll audit and the employer shall pay to the Funds all costs and attorneys' fees incurred as a result of the employer's refusal to permit an audit or refusal to make available all pertinent records, unless Delinquency Counsel recommends a different course of action. 4.8 Overpayment. If a payroll audit identifies an overpayment by the employer, the payroll auditor shall advise the employer that (a) to receive a Refund (as defined in Section 5.9), the employer must submit a request to the relevant Board of Trustees in writing, stating the reason for the overpayment and proving that the contribution or payment was made because of mistake of law or fact; (b) the Board of Trustees will decide in its sole discretion whether a Refund will be granted; (c) any such Refund shall be recovered by the employer through a credit against future contributions as determined by the Board and communicated to the employer in writing; and (d) any attempt by the employer to recoup any overpayment through a procedure other then the one described in this paragraph (for instance, by the employer unilaterally taking a credit) shall result in the automatic forfeiture of the Refund and the treatment of any credit taken by an employer as a delinquent contribution. Notwithstanding the foregoing and subject to Article 5, if an employer demonstrates that it overpaid its Contributions to the Fund, the Fund Office shall credit the employer with up to 12 months of Contributions.

ARTICLE 5 MISTAKEN CONTRIBUTIONS

5.1 Refund of Excess Contributions. Subject to the terms and conditions of this Policy, an employer that makes Contributions to a Fund in excess of the amount required by the terms of the employer's CBA, the Trust or applicable law and under a mistake of fact or law, may request a Refund of the amount of such excess contributions. 5.2 Written Request Required. No Refund of excess contributions shall be granted by the Fund without a written request for such Refund having been received 6 months after the date that such excess contributions were received by the Fund. 5.3 Reduction. A. Any Refund of excess contributions made to an employer shall not include interest or investment earnings attributable to the overpayment, and, as described in subparagraphs (A) and (C), shall be reduced by the amount of any investment losses attributable to the overpayment. If a Fund incurred a direct or indirect cost, expense or liability as a result of an excess contribution, any Refund of such contribution shall be reduced by the full value of such cost, expense or liability. In no event shall a credit or Refund of contributions be taken or allowed for any period during which coverage has been provided by a Fund to an individual based on the employer's Contributions, regardless of whether the Fund actually paid benefits or premiums on behalf of that individual. B. Each Fund under this Policy shall treat its cash account as the source of any Refunds of excess contributions to employers in cases in which the refunded contributions in that plan year to date are less than 1% of the total employer contributions in the aggregate made to the respective Fund during the plan year prior to the plan year in which the Refund is made. This rule shall be applied separately by each Fund.

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C. Once 1% of the total employer contributions made to a Fund during the plan year prior to the year in which the Refund(s) is made have been refunded to employers in the aggregate by a Fund under (B) in a given plan year, any subsequent Refunds shall be reduced by the amount of any investment loss by the Fund, calculated as follows. Investment losses shall be calculated by the Fund based on the investment return for the Fund as a whole from the first day of the calendar quarter in which the mistaken contribution was made through the first day of the calendar quarter in which contributions are returned, unless the Trustees determine that another method more reasonably reflects the circumstances in a particular Refund. 5.4 Employer Responsibility. The obligation to discover and delineate the amount of excess contributions within the time limits provided within this Policy is the sole and exclusive responsibility of the employer. 5.5 Effective Date of Request for Refund. The request of the employer for Refund of excess contributions must be in writing and shall not be effective until it is received by the Fund. 5.6 Supporting Documentation. The request of the employer must contain copies of all documentation upon which the employer relies to substantiate its request or which may be required by the Fund to verify the exact amount of the excess contributions. 5.7 Time Period for Refund. The Refund of contributions shall be considered as returned within the required period if the employer establishes to the satisfaction of the Trustees its right to a Refund of contributions within 6 months after the date on which the Trustees determined that a mistake occurred. 5.8 Employer Compliance. The failure and/or refusal of the employer promptly and fully to comply with any or all of the provisions of this policy shall result in the denial of the request for the Refund of excess contributions. 5.9 Definition of Refund. As used in this policy, the term "Refund" shall include the offset of previously-submitted excess contributions against currently due contributions ("credits"). As such, upon approval of the Trustees, an employer may be permitted to credit excess contributions, less the Fund's set-offs described in this Policy, against current contributions only to the same extent and under the same terms and conditions as such employer may be entitled to a Refund under this Policy. Any employer attempt to recoup any excess contribution through a procedure other than the one described in this paragraph (for instance by the employer unilaterally taking a credit) shall result in the automatic forfeiture of the Refund and the treatment of any credit taken by the employer as a delinquent contribution.

ARTICLE 6 LIQUIDATED DAMAGES, ATTORNEYS' FEES AND COSTS

6.1 Liquidated Damages. Liquidated damages shall be calculated from the Due Date, and shall become due and owing if suit is commenced. The amount of the liquidated damages shall be 20% of the delinquent Contributions. 6.2 Attorneys' Fees. Attorneys' fees shall be due to the Fund from a delinquent employer at the hourly rate charged to the Fund for such services, or at the fair market hourly rate charged by attorneys in the New York Metropolitan

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area, who specialize in ERISA collection, for all time spent by Counsel in collection efforts pursuant to Article 3 hereof or in enforcing the Board of Trustees' right to payroll audits pursuant to Article 4 hereof. 6.3 Audit Costs. Subject to the limitations in Section 4.7, all costs (including, but not limited to, attorneys' and accountants' fees) incurred (a) to determine, discover and collect delinquent Contributions, (b) to obtain the information necessary or to properly allocate, credit and record such Contributions as necessary to administer the Funds, and (c) to enforce the Trustees' right to audit the employer's payroll records, shall be due to the Fund from the delinquent employer, including, but not limited to, any fees incurred in determining, discovering, and collecting Contributions from the employer, arbitration fees, filing fees, arbitrator's fees, fees for service of process, travel, copying charges, postage, expert fees, and such other costs as would otherwise be charged to the Board of Trustees to determine, discover, and collect any of the amounts described herein.

ARTICLE 7 REPORTS

7.1 Reports. The Fund Office, or as the case may be, Delinquency Counsel of the Funds' auditor, shall prepare a delinquency and audit report to be presented periodically at the Boards of Trustees' meetings. The report shall identify by Fund the delinquent employers, the amount owed, and the Due Date of the delinquent Contributions and the steps that have been taken to collect delinquent Contributions. The determination of the Trustees with respect to action on such Contributions, and the specific basis thereof, shall be recorded in the minutes. The report shall also include a list of those employers who have undergone an audit during the period since the last Trustees' meeting. 7.2 Agreements. The Fund Office shall maintain a file of currently effective CBA's and other agreements detailing the basis upon which employers are obligated to make Contributions. 7.3 Settlements. All written settlements of delinquencies shall be on file in the Fund Office.

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SIGNATURE PAGE IN WITNESS THEREOF, the parties to this Agreement hereby sign and duly execute this Agreement that is effective June 1, 2016 through May 31, 2021 ___________________________________________ (s) Todd G. Helfrich, President and CEO Eastern Contractors Association, Inc. ___________________________________________ (s) Earl R. Hall, Executive Director Construction Employers Association of CNY, Inc. ___________________________________________ (s) Aaron Hilger, Managing Director Construction Industry Association of Rochester, Inc.

___________________________________________ (s) James Logan Construction Industry Employers Association ___________________________________________ (s) Brad Walters Southern Tier Contractors Association ___________________________________________ (s) Angelo Massaro The Building Industry Employers Association of Niagara County, New York

NORTHEAST REGIONAL COUNCIL OF CARPENTERS Northwest Region ________________________________________________ (s) John Ballantyne Executive Secretary-Treasurer ________________________________________________ (s) David Haines Regional Manager ________________________________________________ (s) William Banfield Regional Manager

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IT IS HEREWITH AGREED that all the terms and conditions in the agreement attached hereto and effective June 1, 2016 through May 31, 2021, and thereafter as herein specified between the “Associations” and the Northeast Regional Council of Carpenters are applicable to and are binding upon the employer whose signature is affixed hereto.

__________________________________________________ ________________________________ Non- Association Employer (Please Print) Employer Identification Number __________________________________________________ ________________________________ Address Telephone Number __________________________________________________ ________________________________ City - State - Zip Facsimile Number __________________________________________________ E-Mail Address __________________________________________________ ________________________________ Company Officer or Representative (Please Print) Title (Please Print) __________________________________________________ ________________________________ Signature Date ________________________ ______________________________ ________________________ NYS Unemployment Ins. Number New York State Disability Number Workers’ Compensation Number NORTHEAST REGIONAL COUNCIL OF CARPENTERS NORTHWEST REGION MASTER AGREEMENT Signed by: __________________________________________ Title: ______________________________________________ Date: ______________________________________________ Witnessed by: _______________________________________ Title: ______________________________________________ Date: ______________________________________________

Union/Contractor’s Copy

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IT IS HEREWITH AGREED that all the terms and conditions in the agreement attached hereto and effective June 1, 2016 through May 31, 2021, and thereafter as herein specified between the “Associations” and the Northeast Regional Council of Carpenters are applicable to and are binding upon the employer whose signature is affixed hereto.

__________________________________________________ ________________________________ Non- Association Employer (Please Print) Employer Identification Number __________________________________________________ ________________________________ Address Telephone Number __________________________________________________ ________________________________ City - State - Zip Facsimile Number __________________________________________________ E-Mail Address __________________________________________________ ________________________________ Company Officer or Representative (Please Print) Title (Please Print) __________________________________________________ ________________________________ Signature Date ________________________ ______________________________ ________________________ NYS Unemployment Ins. Number New York State Disability Number Workers’ Compensation Number NORTHEAST REGIONAL COUNCIL OF CARPENTERS NORTHWEST REGION MASTER AGREEMENT Signed by: __________________________________________ Title: ______________________________________________ Date: ______________________________________________ Witnessed by: _______________________________________ Title: ______________________________________________ Date: ______________________________________________

Copies to “Associations” and Fund Office(s)

CARPENTERS

HEAVY & HIGHWAY

ELECTRICAL WORKERS

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INSIDE CONSTRUCTION

Agreement by and between Northern New York Chapter of the National Electrical Contractors

Association (NECA)] and Local Union No. 910, IBEW.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term [Chapter] shall mean the Northern New York

Chapter of NECA and the term "Union" shall mean Local Union No. 910, IBEW.

The term "Employer" shall mean an individual firm who has been recognized by an assent to this

Agreement.

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INSIDE AGREEMENT

Entered into the 1st day of July, 2000 between the Northern New York Chapter of NECA, hereinafter called the "Employer”, and Local Union # 910 of the International Brotherhood of Electrical Workers, hereinafter called the "Union”.

BASIC PRINCIPLES The Employer and the Union have a common and sympathetic interest in the electrical industry, therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. Progress in industry demands a mutuality of confidence between the Employer and the Union. All with benefit by continuous peace and by adjusting any differences by rational, common sense methods. Now, therefore, in consideration of the mutual promises and agreements herein contained the parties hereto agree as follows:

ARTICLE I COUNCIL ON INDUSTRIAL RELATIONS

Effective Date - Changes - Grievances - Disputes Section 1.01.

This Agreement shall take effect April 1, 2015, and shall remain in effect until March 31, 2018, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from April 1 through March 31. of each year, unless changed or terminated in the way later provided herein. Section 1.02.

(a) Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.

(b) Whenever notice is given for changes, the nature of the changes desired must be

specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

(c) The existing provisions of the Agreement, including this Article, shall remain in

full force and effect until a conclusion is reached in the matter of proposed changes. (d) Unresolved issues or disputes arising out of the failure to negotiate a renewal or

modification of this agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this agreement or any subsequent anniversary date. The Council’s decisions shall be final and binding.

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(e) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(f) Notice of a desire to terminate this Agreement shall be handled in the same

manner as a proposed change. Section 1.03.

This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the I.B.E.W. for approval, the same as this Agreement. Section 1.04.

There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein. Section 1.05.

There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives. Section 1.06.

All grievances or questions in dispute shall be adjusted by the duly authorized representatives of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee. Section 1.07.

All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting. Section 1.08.

Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding.

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Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for adjustment,

the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

ARTICLE II EMPLOYER RIGHTS - UNION RIGHTS

Section 2.01.

Members of the Union, except those meeting the requirements of "Employer", as defined herein, shall not contract for any electrical work. The Union shall not furnish any members to any organization or firm not recognized as an electrical contractor. Section 2.02.

The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause. Section 2.03. (a) Certain qualifications, knowledge, experience, and financial responsibilities are required of everyone desiring to be an Employer in the Electrical Industry. Therefore, an Employer who contracts for electrical work is a person, firm, or corporation having these qualifications and maintaining a permanent place of business and a suitable financial status to meet payroll requirements. A Contractor must have a telephone in the name of the firm separate and apart from a residence phone within the territorial jurisdiction of Local 910. An Employer must employ at least one journeyman at all times when work is to be performed in the jurisdiction of Local Union 910 and he must also set up a payroll account with a reputable bank within the territorial jurisdiction of Local Union No. 910.

(b) Employers shall be required to carry insurance under the Workmen’s Compensation Act, also Contractors Public Liability Insurance, the minimum to be not less than One Million Dollars ($1,000,000.00) aggregate an automobile public liability and property damage insurance, the minimum coverage to be not less than Five Hundred Thousand ($500,000.00) and One Hundred Thousand dollars ($100,000.00) each accident.

(c) Certificates from an Insurance Company showing such insurance is carried, together with the expiration dates of such insurance, must be furnished to the Union by the Employer. There shall be a fifteen-day (15) written notice of cancellation clause for above coverage.

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(d) Further to qualify as an Employer, after the first journeyman has been hired, a firm must have in a full time managerial capacity, at least one person qualified by virtue of experience and knowledge to manage the electrical construction department. Such manager shall not perform manual electrical work except as permitted for members of a firm in Article II, Section 2.04.

(a) One member of a firm (Employer) may perform electrical work covered by the terms of this Agreement on any electrical project in the aggregate of ($100,000.00).

(b) On any electrical project over ($100,000) this firm member shall not be allowed

to work except in the case of emergency limited to a breakdown or interruption of electrical service, when the firm member (Employer) may perform repair work in connection therewith not to exceed two (2) hours in any such case. Any member of a firm who violates this provision, and the Business Manager and Employer cannot reach agreement, shall be disposed of as provided in Article I, Sections 1.06, 1.07, 1.08, and 1.09 of Agreement.

(c) No member of a firm shall be a Job Foreman.

(d) Contractor to submit award bid on any electrical project on request of the

Business Manager of the Local Union. Section 2.05.

The Employer shall provide on all jobs and in the shop a suitable place for the keeping or storage of workmen's necessary tools and clothing. In case of fire on the job, the employer shall settle the fire loss for the benefit of himself and his employees. In event that burglary occurs on the job by breaking and entering these storage facilities, and the employees personal tools are stolen or destroyed by vandalism, the Employer agrees to reimburse each employee for the present value of his stolen or damaged tools, but in no case is the compensation to any employee to exceed ($450.00), (Provided an inventory of workman's tools has been provided prior to any loss). The workman placed in charge will be held responsible for keeping the place locked at all times. Section 2.06.

The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this agreement and the Union shall immediately notify the Employer of any such concession. Section 2.07.

For all Employees covered by this Agreement the Employer shall carry Workmen’s Compensation Insurance with a Company authorized to do business in this State, and he shall also carry New York State Disability Insurance and make contributions to the New York State Unemployment Commission and such other protective insurance’s as may become required by the Laws of this State.

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Section 2.08. (a) In order to protect and preserve, for the employees covered by this

Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b) As a remedy for violations of this Section, the Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (c) If, as a result of violations of this Section, it is necessary for the Union and/or the trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection (b) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants’ and attorneys’ fees incurred by the Union and/or fund trustees, plus cost of the litigation, which have resulted from the bringing of such court action. Section 2.09. An employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that Local Union’s jurisdiction into this Local’s jurisdiction and up to two bargaining unit employees per job from that Local’s jurisdiction to this Local’s jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification , or rescission by the Council on Industrial Relations.

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Section 2.10. The Union has the right to discipline its members for violation of its laws, rules and

agreements. Section 2.11.

This Agreement does not deny the right of the Union or its representative to render assistance to other Labor Organizations by the removal of its members from jobs when the Union or its proper representatives decide to do so, but no removal shall take place until a forty-eight (48) hour notice is first given to the Employer involved. Section 2.12.

When such removal takes place. The Union or its representative shall direct the workmen on such jobs to carefully put away all tools, material, equipment or any other property of the Employer in a safe manner. The Union will be financially responsible for any loss to the Employer for neglect in carrying out this provision, but only when a safe place is provided for these by the Employer. Section 2.13.

Stewards. The Employer recognizes the Union's right to appoint a steward on any job or at any shop where workmen are employed under the terms of this Agreement. Such stewards shall be allowed sufficient time to see that the terms and conditions of this Agreement are observed at this shop or on his job. No Employer shall discriminate against any steward because of his faithful performance of duties. The Employer shall not discharge a steward before contacting the Business Manager. On a construction site where (10) or more workmen are employed, if overtime is to be worked, the stewards must be notified at least (4) hours previous to such time worked. Section 2.14.

If the stewards’ acts are objectionable, his case shall be referred to the Business Manager. If the Business Manager and Employer cannot reach an agreement, the steward's case shall be disposed of as provided in Article I, Sections 1.06, 1.07, 1.08, and 1.09 of the Agreement. Section 2.15.

Foreman or workmen designated by Employer will be held responsible for tools, equipment and material on the job, provided the Employer furnishes the necessary lockers, tool boxes or other safe place for storage. Section 2.16.

Workmen shall install all electrical work in a safe and workmen-like manner and in accordance with applicable code and contract specifications. Section 2.17.

A journeyman shall be required to make corrections on improper workmanship for which he is responsible on his own time and during regular working hours unless errors were made by order of the Employer or the Employer's Representative. Employers shall notify the

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Union of workmen who fail to adjust improper workmanship and the Union assumes responsibility for the enforcement of this provision. Section 2.18.

The representative of the Union shall not be denied access to any shop or job at any reasonable time where workmen are employed under the terms of this Agreement. Section 2.19.

The Business Manager of the Union shall be allowed to examine Employer’s time and payroll records pertaining to Local 910 I.B.E.W. on man hours worked on jobs in the interest of the Union at reasonable times, during regular office hours. Section 2.20.

The Employer and the Union agree there shall be no discrimination in employment because of sex, race, creed, color or national origin. Section 2.21.

Employers engaged in Joint-Venture jobs shall be considered as a new and separate individual employer, with all rights herein as applied to an individual participating employer. Section 2.22.

There shall be no transfer of workmen between a joint venture and any or all of the employers comprising the joint venture. Section 2.23.

(a) The employer recognizes the Union as the sole and exclusive representative of all its employees performing work within the jurisdiction of the Union for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment including safe work practices and/or safety regulations.

(b) All employees covered by the terms of this agreement shall be required to become and remain members of the union as a condition of employment from and after the eighth day following the date of their employment of the effective date of this agreement whichever is later. Section 2.24

On all jobs requiring five (5) or more Journeymen, at least every fifth Journeymen, if available, shall be fifty (50) years of age or older. Section 2.25.

The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the I.B.E.W., other than violations of paragraph 2 of this Section, will be sufficient cause for the cancellation of this Agreement by the Local Union, after a finding has been made by the International President of the Union that such a violation or annulment has occurred.

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The subletting, assigning or transfer by an individual Employer of any work in connection with electrical work to any person, firm, or corporation not recognizing the I.B.E.W. or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting, or repair of a building, structure, or other work, will be deemed a material breach of this Agreement.

All charges of violations of paragraph 2 of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. Section 2.26

The employer shall have the right to call Foreman by name provided:

(a) The employee has not quit his previous employer within the past two weeks.

(b) The employer shall notify the business manager in writing of the name of the individual who is to be requested for employment as a Foreman. Upon such request, the business manager shall refer said foreman provided the name appears on the highest priority group.

(c) When an employee is called as a foreman he must remain as a foreman

for 240 hours or must receive a reduction in force. Section 2.27. The Employer shall not discuss employment opportunities with an unemployed member(s) unless first cleared through the Business Manager or his designee.

ARTICLE III HOURS - WAGES - WORKING CONDITIONS

Section 3.01.

(a) Eight (8) hours worked between the hours of 8:00 A.M. to 12 Noon and 12:30 P.M. to 4:30 P.M. with 1/2 hour for a lunch period, shall constitute a work day. Forty hours within five (5) days. Monday through Friday inclusive shall constitute the workweek. However, upon mutual agreement between the Employer and the majority of employees on the project the standard work day may start at 7:00 A.M. There will be a 15-minute break during the first half of any shift.

(b) Upon request of Employer and approval of Local 910, ten (10) hours worked between the hours of 7:00 A.M. to 12:00 noon and 12:30 P.M. to 5:30 P.M. with 1/2 hour for a lunch period shall constitute a work day. Forty (40) hours within four (4) days, Monday through Thursday or Tuesday through Friday inclusive shall constitute a workweek. If inclement weather cancels work on any of the Monday - Thursday work days Friday shall constitute a make-up

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work day at the regular rate of pay. At the employees discretion, if a recognized holiday falls during the work week either Monday or Friday shall constitute a make-up work day at the regular straight time rate of pay. There will be a fifteen (15) minute break during the first half of any shift.

(c) No job is allowed to work a combination of (a) or (b).

(d) When workmen are obliged to work longer than ten (10) hours per day, an additional break not to exceed fifteen (15) minutes shall be allowed during the second half of the day. When the work day exceeds twelve (12) hours workmen will be allowed time for a second meal break not to exceed one half (1/2) hour.

Section 3.02.

(a) The following will be paid at one and one half (11/2) times the straight time rate of pay: All hours worked before or after the work day as outlined in Section 3.01(a) and 3.01(b); All hours worked on Friday when working under conditions of Section 3.01(b); All hours worked on Saturday.

(b) All work performed on Sundays and the following Holidays: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at double the straight time rate of pay. If one of those holidays falls on Sunday, - and if the following Monday is recognized as a National Holiday and if work is performed on this day, it shall be paid at double the straight time rate of pay. If one of these holidays falls on Saturday it shall be celebrated only on this day. Section 3.03.

If an employee has four (4) consecutive hours either between the opening of the polls and the beginning of his working shift, or between the end of his working shift and the closing of the polls, he shall be deemed to have sufficient time outside his working hours within which to vote. If he has less than four (4) consecutive hours he may take off so much working time as will when added to his voting time outside his working hours enable him to vote, but not more than two (2) hours, of which shall be without pay provided that he shall be allowed time off for voting only at the beginning or end of his working shift, as the employer may designate, unless otherwise mutually agreed. Section 3.04.

Workmen, when laid off, shall be paid immediately all wages due and allowed (1) hour time to gather their tools and personal belongings.

Workmen, when discharged, shall be paid immediately all wages due and allowed (½) hour time to gather their tools and personal belongings. Any man reporting to work and being laid off before starting to work shall receive not less than two hours wages in order to gather his tools and personal belongings, and shall be paid off in full immediately.

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In the event the employee is not paid off, waiting time at the regular time shall be charged until payment is made, not to exceed (8) hours regular wages per (24) hour period. Reporting time and pick-up time will not be paid to any employee laid off who was absent the preceding work day.

If a worker quits, their pay will be mailed the next regular payday.

Discharge/layoff slips are to be completely filled out by the employer and given to the terminated employee at the time of separation. Additional copies will be sent immediately to IBEW Local 910 and Northern New York NECA.

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Section 3.05. The minimum hourly rate of wages shall be as follows: Effective April 1, 2016 (Inside Construction Agreement)

Local Base NLMCC LMCC JATC AMF

Rate H&W Pen Ann NEBF Per hr Per hr Per hr Per hr Journeyman Wireman 33.00 9.73 6.70 2.00 3% 01 .10 .80 .18 Journeyman Tech 33.00 9.73 6.70 2.00 3% .01 .10 .80 .18 Foreman (10%) 36.30 9.73 6.70 2.00 3% .01 .10 .80 .18 General Foreman (15%) 37.95 9.73 6.70 2.00 3% .01 .10 .80 .18 Apprentice Wireman Base Base Rate H&W Rate 1st period (40%) 13.20 8.77 3rd period (50%) 16.50 2ndperiod (45%) 14.85 8.77 4th period (60%) 19.80 5th period (70%) 23.10 6th period (80%) 26.40 1st & 2nd period Apprentices - 3rd – 6th period Apprentices – NEBF, H&W, NLMCC, JATC, AMF, and Benefits to match current JW’s LOCAL LMCC Only listed above

Increases effective: April 1, 2017 $1.25

Working dues (assessment) – 4 ½% of gross weekly wage – employee deduction.

Journeyman Welder - $1.50 per hour over Journeyman Wireman’s rate. To qualify for welders rate one must have welded a minimum of eight hours per calendar week. Cable Splicer (5KV and up) - $1.50 per hour over Journeyman Wireman’s rate while cable splicing.

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Section 3.06. Whenever a new employee is referred, the union shall fax or e-mail an employee data sheet to the contractor that includes their classification, rate of pay, social security number, address and phone number. Section 3.07.

Wages shall be paid weekly in legal tender not later than quitting time on Friday, and not more than five (5) days wages may be withheld at that time. In the event he is not paid by this time, waiting time at the regular rate shall be charged until payment is made. The number of hours worked and the amount of pay earned shall be shown on the Employee's pay envelope. The Employer may pay by check on any job provided suitable arrangements are made with a reputable bank for this purpose. Employer may mail the check to the Employee’s home address provided it is postmarked at least two (2) days prior to the Employer’s normal pay day. Employer may pay by Electronic transfer with the consent of Employee. Section 3.08.

On jobs where there may be extenuating circumstances where the application of this Agreement would cause an undue hardship to the customer or the Industry any employer interested in the job may apply for relief to the Labor Management Committee for an exception to that part of the Agreement causing such hardship before the submission of bids on that particular job. All employers will be notified of the decision of the Labor Management Committee. Section 3.09.

The Employer agrees to deduct and forward to the Financial Secretary of the Local Union - upon receipt of a voluntary written authorization -- the additional working dues from the pay of each I.B.E.W. member. The amount to be deducted shall be the amount specified in the approved Local Union by-laws. Such amount shall be certified to the Employer by the Local Union upon request by the Employer.

Section 3.10.

All work performed underground; such as tunnels and mine shafts, an additional dollar and a half ($1.50) per hour shall be paid in all above classifications. The above paragraph excludes manholes and walkway tunnels between buildings. When it is necessary for workers to perform work at a height of thirty-five (35) feet or more on scaffolds, ladders, towers, steeples, bridges, structural steel, or from mechanical lifts at a height over sixty-five (65) feet an additional dollar and a half ($1.50) per hour shall be paid in all classifications. Section 3.11.

When men are directed to report to a job and do not start work due to weather conditions, lack of materials, or other causes beyond their control, they shall receive two (2) hours pay unless notified one (1) hour before the beginning of the established starting time of the shift. If the workmen begin work and are sent home through no fault of their own they shall be paid for actual time worked plus two (2) hours, not to exceed a maximum of 4 hours total.

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Section 3.12. When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5) days' duration may be worked. When two (2) or three (3) shifts are worked: The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen on the "day shift" shall be paid at the regular hourly rate of pay for all hours worked. The second shift (swing shift) shall consist of eight consecutive hours worked between the hours of 4:30 P.M. and 1:00 A.M. Workmen on the "swing shift" shall be paid at the regular hourly rate of pay plus 17.3% for all hours worked. The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the hours of 12:30 A.M. and 9:00 A.M. Workmen on the "graveyard shift" shall be paid at the regular hourly rate of pay plus 31.4% for all hours worked. The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in order to meet the needs of the customer. If the parties to the Agreement mutually agree, the shift week may commence with the third shift (graveyard shift) at 12:30 A.M. Monday to coordinate the work with the customer's work schedule. However, any such adjustment shall last for at least five (5) consecutive days’ duration unless mutually changed by the parties to this agreement. An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required before the established start time and after the completion of eight (8) hours of any shift shall be paid at one and one-half times the "shift" hourly rate. There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked. Section 3.13.

(a) The Employer shall furnish the following tools:

Saws - Auger bits Hack Saw Blades - Twist Drills

Flashlight Batteries - Safe Ladders Hard hats - Liners, if hard hat job Rubber Boots - Rain Hats, Coats

Block & Tackle - Dies Rubber Goods - Chain Wrenches

Pipe Benders - Tapes over 15' Necessary protective goods for Welders

Vice & Benches

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Electric Gauges Meters - Snakes

Star Drills Pipe wrenches over 14" All Power Driven Tools

Employers shall furnish on jobs over four men fresh drinking water daily, and during the

months of May through September, ice water. (b) Employees will be issued hard hats, safety glasses, and side shields, to keep where

required by the Employer. Employee to use same on future jobs in the jurisdiction. In order to get replacements because of wear or damage, it will be necessary for the employees to turn in the old hard hat, safety glasses, or side shields. Employer to keep a record of items above for future reference. Foreman or supervisory personnel may be issued white hard hats.

c) Journeyman and Apprentices shall provide themselves with the following tools: I Voltage/ohm meter with readable scale

I Cutting plier - I Longnose Plier I large screwdriver

I small screwdriver - I - medium screwdriver I stubby screwdriver - I holdeze screwdriver

I Phillips screwdriver I plum-bob - I center punch

I claw hammer - I set allen wrenches to 3/8 1 10" adjustable open end wrench I M.C. cable cutter (roto splitter)

I hacksaw frame - I pocket knife - I keyhole saw I Torpedo level - I flashlight and fuse puller

I copy of Underwriter Code 1 6’ folding rule or up to a 15’ tape

I pair diagonal cutting pliers 1 Sta-Kon plier

2 sets of channel locks I belt and pouch

I tool box or tote tray

(d) Employees will be required to wear-safety shoes, or steel toed safety shoes where required. Section 3.14.

(a) When the Employer sets up temporary headquarters on the job and requests workmen to report to the job, the Employer must provide a suitable room or construction shack on the job for the storage of workmen’s tools and clothing as well as a reasonably warm and dry place for workmen to eat. When twenty (20) or more workmen are employed on a project, the

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Employer must provide an eating place separate and apart from locker rooms, tools cribs and other trades.

(b) If the Employer decides to set up headquarters on the job, the Employer must arrange to pay workmen on the job during working hours, however, if the workman is absent from work on pay day, he shall pick up his pay on his own time.

(c) When workmen are required to change from one job to another job by the

employer during the workday, the employer shall pay all extra traveling expenses incurred to the workman. When workmen are called out to perform work for the employer outside of the regular scheduled working hours-such workmen shall receive a minimum of one hour at the overtime rate of pay.

(e) On a Construction job where twenty (20) or more workmen are employed, when workmen are called out to perform work for the Employer, outside of the regular scheduled working hours, such workmen shall receive a minimum of four (4) hours at the overtime rate of pay. On work outside the jurisdiction of the Union the Employer shall furnish transportation, board and all other necessary expenses. Section 3.15.

In an emergency a workmen may use his automobile or other vehicle for the Employer’s service, provided the Employee is paid for such use at the rate per mile prescribed by the Internal Revenue Service at the time the employee used his or her personal transportation, and provided further, that no workman shall be required to furnish his automobile unless he consents thereto. Section 3.16.

No workmen shall use any automobile, motorcycle or other vehicle in a manner considered to be unfair to other workmen or against the interest of the Union.

Section 3.17. Foreman - Crew Makeup

5 Workers one is Foreman 12 Workers Max. per Foreman

13 Workers add 2nd Foreman one to be General Foreman 24 Workers I General Foreman and 2 Foreman

52 Workers 2nd General Foreman

Any job exceeding 1,500 man-hours working time will require a Foreman.

Section 3.18. A Foreman shall be able to supervise more than one job but not more than six (6) workers

combined on not over four (4) jobs.

Section 3.19. The policy of the members of the Local Union is to promote the use of materials and

equipment manufactured, processed or repaired under economically sound wage, hour and

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working conditions by their fellow members of the International Brotherhood of Electrical Workers. Section 3.20.

All conduit shall be cut and threaded within the territorial jurisdiction of the Local Union, and this work shall be done by workmen working under the terms and conditions of the Collective Bargaining Agreement, including refabrication. Section 3.21.

SAFETY

On all energized circuits or equipment carrying 440 volts A.C. or 250 volts D.C. or over, as a safety measure, two (2) or more Journeyman must work together. This requirement applies also to de-energized circuits except where there is no possibility of such a circuit being energized while work on the circuit is in progress. As a further safety measure, when any question arises relative to this section, before any work is to be performed the steward or the office of the Business Manager shall be consulted. Section 3.22.

TEMPORARY LIGHT AND POWER

(a) The installation, maintenance, connection and repairing of all wiring for temporary lighting, or power and the maintenance of electrical equipment in building under construction shall be done by workmen under the terms of this Agreement. When equipment is being installed by construction electricians, all equipment is in their care until it is completely tested and turned over to the owner.

(b) Where it is necessary to install and maintain temporary light, or power for continuous operation, same shall be done on a three-shift basis. There shall be no broken time on a shift basis, except and unless the job is shut down for Sundays and Holidays. Straight time shall be paid when three shifts are employed provided it is for one full week.

(c) On projects where an electrician is employed performing maintenance and/or installation of temporary power he shall perform other work whether during normal hours or outside the normal hours; however, the overtime rate will be paid on all hours outside the normal working hours.

(d) All switches operating temporary light and power shall be operated and maintained by electricians only. All main switches controlling temporary light, power, etc. shall be enclosed and provided with a lock and two keys all provided by the employer with one key for the foreman and one key for the temporary light man.

There shall be a Journeyman in charge of maintenance for all temporary heat,

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light or power when other workmen are using such heat, light and power in order to perform their work, however, on temporary heat when a permanent service is installed, boiler or heating system is 100% electrically completed and full automatic, accepted by the owner and the Architect, inspected by the Underwriter Inspector, then said heating system, with a letter of acceptance shall be turned over to the owner. Section 3.23.

No material or equipment belonging to the Contractor or owner shall be removed from any job or project without consent of the same. Violations of this section is cause for immediate dismissal.

Section 3.24. When necessary to perform alteration and/or renovation work and occupied conditions prevent the work from being performed during normal working hours, the work hours may be varied to meet these conditions. Whenever only two shifts are necessary or required the second shift shall receive a ten percent (10%) premium added to the straight time hourly rate and there shall be no paid lunch ½ hour. Section 3.25. In recognition of the inherent safety hazards associated with the electrical construction industry, NECA and the IBEW strongly encourage all Journeyman Wireman to complete a minimum of 10 hours of OSHA safety training.

ARTICLE IV REFERRAL PROCEDURE

Section 4.01.

In the interest of maintaining an efficient system of production in the Industry, providing for an orderly procedure of referral of applicants for employment, preserving legitimate interests of the employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment.

Section 4.02.

The Union shall be the sole and exclusive source of referral of applicants for employment. Section 4.03.

The Employer shall have the right to reject any applicant for employment. Section 4.04.

The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, by-laws, constitutional provisions or any other aspect or obligation of Union membership policies or

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requirements. All such selection and referral shall be in accordance with the following procedure. Section 4.05.

The union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies.

JOURNEYMAN WIREMAN -- JOURNEYMAN TECHNICIAN

GROUP I. All applicants for employment who have four or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee, and, who have been employed in the trade for a period of at least one year in the past four years in the geographical area covered by the collective bargaining agreement. Group I status shall be limited to one Local Union at one time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local union shall by electronic means notify the business manager of the applicant’s former Group I status local union. GROUP II. All applicants for employment who have four or more years’ experience in the trade an who have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee. GROUP III. All applicants for employment who have two or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, and who have been employed for at least six months in the last three years in the geographical area covered by the collective bargaining agreement. GROUP IV. All applicants for employment who have worked at the trade for more than one year. Section 4.06.

If the registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer’s request, Saturdays, Sundays and Holidays excepted, the Employer shall be free to secure applicants without using the Referral Procedure but, such applicants, if hired, shall have the status of "temporary employees”.

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Section 4.07. The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such "temporary employees" and shall replace such "temporary employees" as soon as registered applicants for employment are available under the Referral Procedure. Section 4.08.

“Normal construction labor market” is defined to mean the following geographical area plus the commuting distance adjacent thereto, which includes the area from which the normal labor supply is secured.

JEFFERSON, LEWIS, ST. LAWRENCE, FRANKLIN, CLINTON, & ESSEX COUNTIES OF NEW YORK STATE

The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage area under the Davis-Bacon Act to which the Agreement applies. Section 4.09.

"Resident" means a person who has maintained his permanent home in the above defined geographical area for a period of not less than one year or who having had a permanent home in this area, has temporarily left with the intention of returning to this area as his permanent home. Section 4.10.

"Examinations” -- An "Examination" shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by duly constituted Inside Construction Local Union of the I.B.E.W.. Reasonable intervals of time for examinations are specified as ninety days. An applicant shall be eligible for examination if he has four years experience in the trade. Section 4.11.

The Union shall maintain an “Out of Work List” which shall list the applicants within each Group in chronological order of the dates they register their availability for employment. Section 4.12.

An applicant who has registered on the "Out of Work List" must renew his application every thirty days or his name will be removed from the "List”. Section 4.13.

An applicant who is hired and who receives, through no fault of his own, work of forty hours or less shall, upon re-registration, be restored to his appropriate place within his Group.

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Section 4.14. (a) Employers shall advise the Business Manager of the Local Union of the number

of applicants needed. The Business Manager shall refer applicants to the Employer by first referring applicants in GROUP I, in the order of their place on the "Out of Work List" and then referring applicants in the same manner successively from the "Out of Work List” in Group II, then GROUP III, and then GROUP IV. Any applicant who is rejected by the Employer shall be returned too his appropriate place within his GROUP and shall be referred to other employment in accordance with the position of his GROUP, and his place within his GROUP.

(b) An applicant who is discharged for cause two times within a 12-month period shall be referred to the neutral member of the Appeals Committee for a determination as to the applicant's continued eligibility for referral. The neutral member of the Appeals Committee shall, within three business days, review the qualifications of the applicant and the reasons for the discharges. The neutral member of the Appeals Committee may, in his or her sole discretion: (1) require the applicant to obtain further training from the JATC before again being eligible for referral; (2) disqualify the applicant for referral for a period of four weeks, or longer, depending on the seriousness of the conduct and/or repetitive nature of the conduct; (3) refer the applicant to an employee assistance program, if available, for evaluation and recommended action; or (4) restore the applicant to his/her appropriate place on the referral list. Section 4.15.

The only exceptions, which shall be allowed in this order of referral, are as follows: (a) When the Employer states bona fide requirements for special skills and abilities in

his request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities.

(b) The age ratio clause in the Agreement calls for the employment of an additional

employee or employees on the basis of age. Therefore, the Business Manager shall refer the first applicant on the register satisfying the applicable age requirements provided, however, that all names in higher priority GROUPS, if any, shall first be exhausted before such overage reference can be made.

Section 4.16.

An appeal Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or by the Association, as the case may be, and a Public Member appointed by both these members. Section 4.17.

It shall be the function of the Appeal Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of Sections 4.04 through 4.14 of this Agreement. The Appeals committee shall have the power to make a final and binding decision on any such complaint, which shall be complied with by the Local Union. The Appeals Committee is authorized to issue procedural rules for the conduct of its business, but it is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decisions shall be in accord with this Agreement.

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Section 4.18. A representative of the Employer or of the Association as the case may be, designated to

the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours. Section 4.19.

A copy of the Referral Procedure set forth this Agreement shall be posted on the Bulletin Board in the offices of the Local Union and in the offices of the Employers who are parties to this Agreement. Section 4.20.

Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the Agreement between the parties.

Section 4.21.

When making reductions in the number of employees due to lack of work. Employers shall use the following procedure:

(a) Temporary employees, if any are employed, shall be laid off first. Then

employees in GROUP IV, shall be laid off next, if any are employed in this GROUP. Next to be laid off are employees in GROUP III, if any are employed in this group, then those in GROUP II, and those in GROUP 1.

(b) Paragraph (a) will not apply as long as the special skill requirement as provided for

in Section 4.13 (a) is required.

(c) Supervisory employees covered by the terms of this Agreement will be excluded from layoff as long as they remain in a supervisory capacity. When they are reduced to the status of Journeyman, they will be slotted in the appropriate GROUP in paragraph (a) above.

ARTICLE V

STANDARD INSIDE APPRENTICESHIP & TRAINING LANGUAGE

Section 5.01. There shall be a local Joint Apprenticeship and Training Committee (JATC) consisting of a total of either 6 or 8 members who shall also serve as Trustees to the local apprenticeship and training trust. An equal number of members (either 3 or 4) shall be appointed, in writing, by the local chapter of the National Electrical Contractors Association (NECA) and the local union of the International Brotherhood of Electrical Workers (IBEW). The local apprenticeship standards shall be in conformance with national guideline standards and industry policies to ensure that each apprentice has satisfactorily completed the NJATC required hours and course of study. All apprenticeship standards shall be registered with the NJATC before being submitted to the appropriate registration agency.

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The JATC shall be responsible for the training of apprentices, journeymen, installers, technicians, and all others (unindentured, intermediate journeymen, etc.) Section 5.02.

All JATC member appointments, reappointment and acceptance of appointments shall be in writing. Each member shall be appointed for a three- (3) year term, unless being appointed for a lesser period of time to complete an unexpired term. The terms shall be staggered, with, one (1) term from each side expiring each year. JATC members shall complete their appointed term unless removed for cause by the party they represent of they voluntarily resign. All vacancies shall be filled immediately.

The JATC shall select from its membership, but not both from the same party, a

Chairman and a Secretary who shall retain voting privileges. The JATC will maintain one (1) set of minutes for JATC committee meetings and a separate set of minutes for trust meetings. The JATC should meet on a monthly basis, and also upon the call of the Chairman. Section 5.03.

An issue concerning an apprentice or an apprenticeship matter shall be referred to the JATC for its review, evaluation and resolve/as per standards and policies. If the JATC deadlocks on any issue, the matter shall be referred to the Labor-Management Committee for resolution as outlined in Article I of this agreement/except for trust fund matter/which shall be resolved as stipulated in the local trust instrument. Section 5.04.

There shall be only one (1) JATC and one (1) local apprenticeship and training trust. The JATC may, however, establish joint subcommittees to meet specific needs, such as residential or telecommunications apprenticeship. The JATC may establish a subcommittee to oversee an apprenticeship program within a specified area of the jurisdiction covered by this agreement.

All subcommittee members shall be appointed, in writing, by the party they represent. A

subcommittee may or not be a member of the JATC. Section 5.05.

The JATC may select and employ a part time or full time Training Director and other support staff, as it deems necessary. In considering the qualifications, duties and responsibilities of the Training Director, the JATC should review the Training Director's Job Description provided by the NJATC. All employees of the JATC shall serve at the pleasure and discretion of the JATC. Section 5.06.

To help ensure diversity of training, provide reasonable continuous employment opportunities and comply with apprenticeship rules and regulations, the JATC, as the program sponsor, shall have full authority for issuing all job-training assignments and for transferring apprentices from one employer to another. The employer shall cooperate in providing apprentices with needed work experiences. The local union referral office shall be notified, in

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writing, of all job-training assignments. If the employer is unable to provide reasonable continuous employment for apprentices, the JATC is to be so notified. Section 5.07.

All apprentices shall enter a program through the JATC as provided for in the registered apprenticeship standards and selection procedures.

An apprentice may have their indenture canceled by the JATC at any time prior to

completion as stipulated in the registered standards. Time worked and accumulated in apprenticeship shall not be considered for local union referral purposes until the apprentice has satisfied all conditions of apprenticeship. Individuals terminated from apprenticeship shall not be assigned to any job in any classification, or participate in any related training, unless they are reinstated in apprenticeship as per the standards, or they qualify through means other than apprenticeship, at some time in the future, but no sooner than two years after their class has completed apprenticeship, and they have gained related knowledge and job skills to warrant such classification.

Section 5.08. The JATC shall select and indenture a sufficient number of apprentices to meet local manpower needs. The JATC is authorized to indenture the number of apprentices necessary to meet the job site ratio as per Section 5.12. Section 5.09. Though the JATC cannot guarantee any number of apprentices; if a qualified employer requests an apprentice, the JATC shall make every effort to honor the request. If unable to fill the request within ten (10) working days, the JATC shall select and indenture the next available person from the active list of qualified applicants. An active list of qualified applicants shall be maintained by the JATC as per the selection procedures. Section 5.10.

To accommodate short-term needs when apprentices are unavailable, the JATC shall assign unindentured workers who meet the basic qualifications for apprenticeship. Unindentured workers shall not remain employed if apprentices become available for OJT assignment. Unindentured workers shall be used to meet job ratios except on wage-and-hour (prevailing wage) job sites.

Before being employed, the unindentured person must sign a letter of understanding with the JATC and the employer - agreeing that they are not to accumulate more than two thousand (2,000) hours as an unindentured, that they are subject to replacement by indentured apprentices and that they are not on wage-and-hour (prevailing wage) job sites.

Should an unindentured worker be selected for apprenticeship, the JATC will determine,

as provided for in the apprenticeship standards, if some credit for hours worked, as an indentured will be applied toward the minimum OJT hours of apprenticeship.

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The JATC may elect to offer voluntary related training to unindentured; such as Math Review, English, Safety, Orientation/Awareness, Introduction to OSHA, First Aid and CPR. Participation shall be voluntary. Section 5.11.

The employer shall contribute to local Health and Welfare plans and to the National Electrical Benefit Fund (NEBF) on behalf of all apprentices and unindentured. Contributions to other benefit plans may be addressed in other sections of this agreement. Section 5.12.

Each job site shall be allowed a ratio of two (2) apprentices for every three (3) Journeyman Wiremen or fraction thereof as illustrated below.

Number of Journeyman Maximum Number of Apprentices/Unindentured

1 to 3 2 4 to 6 4 etc. etc.

The first person assigned to any job site shall be a Journeyman Wireman.

A job site is considered to be the physical location where employees report for their work assignments. The employer's shop (service center) is considered to be a separate, single job site. All other physical locations where workers report for work are each considered to be a single, separate job site. Section 5.13.

An apprentice is to be under the supervision of a Journeyman Wireman at all times. This does not imply that the apprentice must always be in-sight-of a Journeyman Wireman. Journeymen are not required to constantly watch the apprentice. Supervision will not be of a nature that prevents the development of responsibility and initiative. Work may be laid out by the employer’s designated supervisor or Journeyman based on their evaluation of the apprentice's skills and ability to perform the job tasks. Apprentices shall be permitted to perform job tasks in order to develop job skills and trade competencies. Journeymen are permitted to leave the immediate work area without being accompanied by the apprentice.

Apprentices who have satisfactorily completed the first four (4) years of related classroom training using the NJATC curriculum and accumulated a minimum of 6,500 hours of OJT with satisfactory performance, shall be permitted to work alone on any job site and receive work assignments in the same manner as a Journeyman Wireman. An apprentice shall not be the first person assigned to a job site and apprentices shall not supervise the work of others. Section 5.14.

Upon satisfactory completion of apprenticeship, the JATC shall issue all graduating apprentices an appropriate diploma from the NJATC. The JATC shall encourage each graduating

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apprentice to apply for college credit through the NJATC. The JATC may also require each apprentice to acquire any electrical license required for Journeymen to work in our jurisdiction covered by this agreement.

Section 5.15.

The parties to this Agreement shall be bound by the Local Joint Apprenticeship and Training Trust Fund Agreement which shall conform to Section 302 of the Labor-Management Relations Act of 1947 as amended, ERISA and other applicable regulations.

The Trustees authorized under this Agreement are hereby empowered to determine the

reasonable value of any facilities, materials or services furnished by either party. All funds shall be handled and disbursed in accordance with the Trust Agreement. Section 5.16.

All Employers subject to the terms of this Agreement shall contribute the amount of funds specified by the parties signatory to the local apprenticeship and training trust agreement. The current rate of contribution is $.70 per hour worked. This sum shall be due the Trust Fund by the same date as is their payment to the NEBF under the terms of the Restated Employees Benefit Agreement and Trust.

ARTICLE VI

FRINGE BENEFITS NEBF: Section 6.01.

It is agreed that in accord with the Employees Benefit Agreement of the National Electrical Benefit Fund ("NEBF"), as entered into between the National Electrical Contractors Association and the International Brotherhood of Electrical Workers on September 3, 1946, as amended, and now delineated as the Restated Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF, the individual employer will forward monthly to the NEBF's designated local collection agent an amount equal to 3% of the gross monthly labor payroll paid to, or accrued by, the employees in this bargaining unit, and a completed payroll report prescribed by the NEBF. The payment shall be made by check or draft and shall constitute a debt due and owing to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the NEBF or its assignee. The payment and the payroll report shall be mailed to reach the office of the appropriate local collection agent not later than fifteen (15) calendar days following the end of each calendar month.

The individual employer hereby accepts, and agrees to be bound by, the Restated Employees Benefit Agreement and Trust.

An individual employer who fails to remit as provided above shall be additionally subject

to having his agreement terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual employer fails to show satisfactory proof that the required payments have been paid to the appropriate local collection agent.

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The failure of an individual employer to comply with the applicable provisions of the Restated Employees Benefit Agreement and Trust shall also constitute a breach of his labor agreement. Section 6.02.

The Employer agrees to contribute monthly to the I.B.E.W. Local 910 Pension Fund, 25001 Water St., Watertown, New York, the sum of (see Section 3.05 in Agreement) per hour for each hour worked by each present and future employee on such forms, as prescribed by said Fund.

Section 6.03.

The Employer agrees to contribute monthly to the I.B.E.W. Local 910 Annuity Fund, 25001 Water St., Watertown, New York, the sum of (see Section 3.05 in Agreement) per hour for each hour worked by each present and future employee on such forms, as prescribed by said Fund.

Section 6.04.

The Employer agrees to contribute monthly to the I.B.E.W. Local 910 Health & Welfare Fund, 25001 Water St., Watertown, New York, the sum of (see Section 3.05 in Agreement) per hour for each hour worked by each present and future employee on such forms, as prescribed by said Fund. In order to assure each of our members the best possible health, both parties encourage every member to get an annual physical, which can be submitted, to the Local 910 Health & Welfare.

Section 6.05.

The Welfare and Annuity Fund contribution rates set forth above are presumptive, or base, contribution rates. The actual contribution rates to these two funds shall be determined in accordance with the numbered formulas set forth below. Regardless of any modification to the presumptive contribution rates, the aggregate amount of the contribution rates to the two Funds shall remain as set forth above.

For purposes of the formulas set forth below, participants with family coverage from the

Welfare Fund are considered “family participants”, participants with the individual coverage from the Welfare Fund are considered “individual participants”, and “account balance” refers to the participant’s account balance in the Welfare Fund.

The formulas will be applied as of the last day of each month and to the extent a change

in contribution rates is required, the change shall apply beginning with hours worked on or after the first of the month following the month in which the change is determined to be required.

Formula 1: For family participants with an account balance equal to less than nine

months of family premiums and for individual participants with an account balance equal to less than nine months of individual premiums, the Annuity Fund contribution rate is decreased, and the Welfare Fund contribution rate is increased, by an amount equal to 85% of the presumptive Annuity Fund contribution rate.

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Formula 2: For family participants with an account balance equal to at least nine months but less than two years of family premiums and for individual participants with an account balance equal to at least nine months but less than two years of individual premiums, the presumptive Welfare Fund contribution rate and the presumptive Annuity Fund contribution rate shall apply.

Formula 3: For family participants with an account balance equal to at east two years

but less than four years of family premiums and for individual participants with an account balance equal to at least two years but less than four years of individual participants with an account balance equal to at least two years but less than four years of individual premiums, the Annuity Fund contribution is increased, and the Welfare Fund contribution rate is decreased, by an amount equal to 35% of the presumptive Welfare Fund contribution rate.

Formula 4: For family participants with an account balance equal to at least four years

of family premiums and for individual participants with an account balance equal to at least four years of individual premiums, the Annuity Fund contribution rate is increased, and the Welfare Fund contribution rate is decreased, by an amount equal to 85% of the presumptive Welfare Fund contribution rate. Section 6.06. The Employer agrees to contribute monthly to the I.B.E.W. Local 910 JATC Fund, 25001 Water St., Watertown, New York, the sum of (see Section 3.05 in Agreement) per hour for each hour worked by each present and future employee on such forms, as prescribed by said Fund.

Section 6.07.

a) The Employer hereby agrees to deduct from the pay of each employee subject to this Agreement, the amount stated on the Northern Federal Credit Union or Adirondack Regional Federal Credit Union Payroll Deduction Authorization Card and deposit the entire amount weekly into the Northern Federal Credit Union, 120 Factory St., Watertown, NY 13601 or Adirondack Regional Federal Credit Union, 135 Margaret St., Plattsburgh, NY 12901, provided said employee has voluntarily agreed in writing that such a deduction may be withheld from his pay.

(b) A weekly payroll report showing employees name, social security number, and dollar amount withheld, along with the monies withheld must be remitted to the Northern Federal Credit Union or the Adirondack Regional Federal Credit Union not later than quitting time on Friday, and not more than one (1) week may be withheld at the time. A copy of these reports should also be forwarded to the Fund Office on a monthly basis.

(c) Individual employers who fail to remit regularly shall be subject to having this agreement terminated upon seventy-two (72) hours notice in writing being served by the Union provided the employer fails to show satisfactory proof that delinquent payments have been made.

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Section 6.08.

Administrative Maintenance Fund (AMF) Effective April 1, 1999, each employer signatory to this Agreement shall contribute eighteen cents ($.18) per hour worked by all employees covered by this Agreement to the AMF. The fund shall be administered solely by The Northern New York Chapter of NECA and shall be utilized to pay the Association’s cost of the labor contract administration including negotiations, labor relations, disputes, and grievance representation performed on behalf of the signatory employers. In addition, all other administrative functions required of management, such as service on all funds as required by federal law.

The AMF contribution will be submitted with all other benefits as delineated in the Labor Agreement by the fifteenth (15th) of the following month in which they are due and payable to Northern New York AMF, PO Box 352, Ogdensburg, NY 13669 In the event any Employer is delinquent in submitting the required Administrative Maintenance Fund, the administrator shall have the authority to recover any funds, along with any attorney fees, court cost, interest at one percent (1%) per month and liquidate damages receiving such funds. The enforcement of the delinquent payments to the fund shall be the sole responsibility of the fund or the Chapter, not the Local Union. These monies shall not be used to the detriment of the IBEW or the Local Union. Section 6.09.

IBEW COPE - The Employer agrees to deduct and transmit to IBEW-COPE an amount of two dollar ($2.00) per payroll period from the wages of each employee who voluntarily authorizes such contributions. Voluntary authorization cards will be provided by the employer at the time of hiring.

The transmittals shall occur monthly by separate check made payable to IBEW-COPE

accompanied by a list of names of those employees for whom such deductions have been made and the amount deducted for each such employee. The check should be sent with the monthly transmittal report to 25001 Water St., Watertown, NY. This check will be due at the same time that the fringe benefit payments are made. Section 6.10.

All reports and contributions due to the above Funds shall be due and payable not later than fifteen (15) calendar days (except where noted otherwise) following the end of each calendar month of such work to the appropriate Fund.

Failure to make payments in the manner prescribed above shall constitute a breach of this Agreement and upon seventy-two (72) hours notice by I.B.E.W. Local 910 to any defaulting employer, this contract shall be terminated.

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Section 6.11. The Trustees of the various Funds and/or the Union may take any action necessary to

compel payment of the contributions and related payments (including but not limited to interest, liquidated damages, costs, attorneys and paralegal fees and expenses), and deductions from pay (including but not limited to savings and union dues), due under this agreement, including, but not limited to, proceedings at law and in equity. It is expressly agreed herein that the Trustees and/or the Union may, at their option, proceed directly with an action at law to collect the contributions and related payments and/or deductions from pay due hereunder without exhausting the grievance-arbitration procedure.

In any case where the various Funds and/or the Union commences or participates in legal proceedings (including but not limited to arbitration, administrative agency or court proceedings) to compel payment of contributions and/or deductions due under this Agreement, and the Employer is directed to pay such contributions and/or deductions, the Funds and/or the Union shall be entitled to recover its attorney's fees, paralegal fees, costs and expenses. Section 6.12.

The Funds shall be administered pursuant to provisions of Agreements and Declarations of Trust, and rules and regulations, including collection policies, established by the various trustees and shall be in compliance with the requirements of state and federal laws governing and regulating such trusts. Section 6.13.

The parties to this collective bargaining agreement hereby agree that the signing of this agreement shall constitute an obligation to be bound by the terms and conditions of said Agreements and Declarations of Trusts, and the rules and regulations, including collections policies, as enacted and amended from time to time by action of the Trustees of the Funds, as if said Agreements and Declarations of Trusts, and rules and regulations, including collections policies, are fully set forth herein and made a part hereof. The requirements of any such collection policy shall supersede the provisions of this agreement. Title to all monies paid into and/or due and owing to the funds shall be vested in and remain exclusively in the Trustees of that fund; outstanding and withheld contributions constitute plan assets. Section 6.14.

It is expressly agreed herein that the Union and/or the Trustees of the various Funds are not required to utilize the grievance-arbitration procedure set forth in this contract in an instance where they seek to compel payment of the contributions and related payments, and/or deductions from pay (including but not limited to savings and union dues), due under this collective bargaining agreement. Section 6.15. Title to all moneys paid into and/or due and owing to the Fringe Benefit Funds referenced in this Agreement including, but not limited the IBEW Local 910 Pension, Annuity, Welfare, and Apprentice Training Funds shall be vested in and remain exclusively in the Trustees of those Funds; outstanding and withheld contributions constitute Plan assets.

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Any and all collection procedures are as determined by the Trustees of the Fringe Benefit Funds referenced above.

ARTICLE VII NATIONAL ELECTRICAL INDUSTRY FUND (NEIF)

Section 7.01.

Each individual Employer shall contribute an amount not to exceed one per cent (1%) nor less than .2 of 1% of the productive electrical payroll, as determined by each Local Chapter and approved by the Trustees, with the following exclusions:

1. Twenty-five percent (25%) of all productive electrical payrolls in excess of

75,000 man-hours paid for electrical work in any one Chapter area during any one calendar year, but not exceeding 150,000 man-hours.

2. One Hundred percent (100%) of all productive electrical payroll in excess of 150,000 man-hours paid for electrical work in any one Chapter area during any one calendar year.

(Productive electrical payroll is defined as the total wages - including overtime - paid with respect to all hours worked by all classes of electrical labor for which a rate is established in the prevailing labor area where the Business is transacted.)

Payment shall be forwarded monthly to the National Electrical Industry Fund 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. Failure to do so will be considered a breach of this Agreement on the part of the individual Employer.

ARTICLE VIII

LOCAL LABOR-MANAGEMENT COOPERATION COMMITTEE (LMCC) Section 8.01. 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:

1) to improve communications between representatives of Labor and Management; 2) to provide workers and employers with opportunities to study and explore new and

innovative joint approaches to achieving organizational effectiveness; 3) to assist workers and employers in solving problems of mutual concern not susceptible

to resolution within the collective bargaining process; 4) to study and explore ways of eliminating potential problems which reduce the

competitiveness and inhibit the economic development of the electrical construction industry;

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5) to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and industry;

6) 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;

7) to engage in public education and other programs to expand the economic development of the electrical construction industry;

8) to enhance the involvement of workers in making decisions that affect their working lives; and,

9) to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.

Section 8.02. 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 LMCC, as provided in said Agreement and Declaration of Trust. Section 8.03. Each employer shall contribute ten cents ($.10) per hour worked under this agreement. 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 Northern New York Chapter, NECA, or its designee, shall be the collection agent for this Fund.

Section 8.04. 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.

ARTICLE IX NATIONAL LABOR-MANAGEMENT COOPERATION COMMITTEE (NLMCC)

Section 9.01. The parties agree to participate in the NECA-IBEW National 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:

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1) to improve communication between representatives of labor and management; 2) to provide workers and employers with opportunities to study and explore new

and innovative joint approaches to achieving organization effectiveness; 3) to assist worker and employers in solving problems of mutual concern not

susceptible to resolution within the collective bargaining process; 4) to study and explore ways of eliminating potential problems which reduce the

competitiveness and inhibit the economic development of the electrical construction industry; 5) to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the

industry; 6) to encourage and support the initiation and operation of similarly constituted

local labor-management cooperation committees; 7) 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;

8) to engage in public education and other programs to expand the economic development of the electrical construction industry;

9) to enhance the involvement of workers in making decisions that affect their working lives; and

10) to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals. Section 9.02. 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 9.03. Each employer shall contribute one cent (1¢) per hour worked under this Agreement up to a maximum of 150,000 hours per year. 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 Northern New York Chapter, NECA, or its designee, shall be the collection agent for this Fund. Section 9.04. 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

34

annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorneys' fees.

ARTICLE X SUBSTANCE ABUSE

Section 10.01.

The dangers and costs that alcohol and other chemical abuses can create in the electrical contracting industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to eliminate substance abuse and impairment should contain a strong rehabilitation component. The local parties recognize that the implementation of a drug and alcohol policy and program must be subject to all applicable federal, state, and local laws and regulations. Such policies and programs must also be administered in accordance with accepted scientific principles, and must incorporate procedural safeguards to ensure fairness in application and protection of legitimate interests of privacy and confidentiality. To provide a drug-free workforce for the Electrical Construction Industry, each IBEW local union and NECA chapter shall implement an area-wide Substance Abuse Testing Policy. The policy shall include minimum standards as required by the IBEW and NECA. Should any of the required minimum standards fail to comply with federal, state, and/or local laws and regulations, they shall be modified by the local union and chapter to meet the requirements of those laws and regulations.

ARTICLE XI

NATIONAL ELECTRICAL 401K PLAN

Section 11.01. It is agreed that the individual Employer, in accord with the National Electrical 401(k) Plan Agreement and Trust (“Agreement and Trust”) as entered into between the National Electrical Contractors Association and the International Brotherhood of Electrical Workers, as amended, will participate in the National Electrical 401(k) Plan (“NEFP”).

The individual Employer recognizes that applicable rules require contributions to be

transmitted to a 401(k) plan as soon as they can reasonably be segregated from the general assets of the employer. The Trustees of the NEFP strongly encourage all contributing employers to regularly remit to the NEFP or its designee any and all bargaining unit employee elective deferrals within seven business days of the date when the Employer receives or withholds such employee elective deferrals. However, in recognition that some employers may be unable reasonably to segregate participant contributions from their general assets more frequently than the standard monthly processing cycle for participant contributions to pension plans, as noted in U.S. Department of Labor Field Assistance Bulletin 2003-2, all contributions must be remitted by the fifteenth (15th) of the month following the month in which the amounts would otherwise have been payable to the participant. In all events, contributions not remitted by this date shall constitute a debt due and owing to the NEFP. In making such contributions, the individual Employer shall utilize the NEFP’s electronic remittance system. Further, in agreeing to

35

participate in the NEFP, the individual Employer agrees to cooperate with the NEFP by submitting all reasonably requested documents and information necessary for the NEFP to perform all required testing of the NEFP under the tax laws.

The Chapter and/or the individual Employer, as the case may be, and the Local Union

certify that no existing defined benefit plan was terminated or modified in any manner solely as a condition upon or as a result of the adoption of the NEFP. This provision does not interfere with the rights and obligations of such local plan(s)’ trustees to make changes to the plan(s) pursuant to the needs of the plan(s), their fiduciary duty, and the requirements of ERISA, the Pension Protection Act, or other laws and regulations.

Inasmuch as the NEFP is intended to offer bargaining unit employees the opportunity to

defer current salary into a retirement savings plan and not to replace any existing employer-funded defined benefit plan, no employer contributions will be required or accepted on behalf of individuals for hours worked under the terms of this agreement.

The individual Employer hereby accepts, and agrees to be bound by, the Agreement and

Trust. An individual Employer who fails to remit employee elective deferrals as provided above

shall be subject, in addition to all remedies afforded by law or in the Agreement and Trust, to having its participating in the NEFP suspended or terminated at the discretion of the Trustees of the NEFP upon written notice to the individual Employer. An individual Employer who fails to remit as provided above shall be additionally subject to having this agreement terminated upon seventy-two (72) hours’ notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the appropriate local collection agent.

The failure of an individual Employer to comply with the applicable provisions of the

Agreement and Trust shall also constitute a breach of his labor agreement. .

ARTICLE XII CODE OF EXCELLENCE

Section 12.01. The parties to this Agreement recognize that to meet the needs of our customers, both employer and employee must meet the highest levels of performance, professionalism, and productivity. The Code of Excellence has proven to be a vital element in meeting the customers’ expectations. Therefore each IBEW local union and NECA chapter shall implement a Code of Excellence Program. The program shall include minimum standards as designed by the IBEW and NECA.

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SEPARABILITY CLAUSE

Should any provisions of this Agreement be declared illegal by any court of competent jurisdiction, such provisions shall immediately become null and void, leaving the remainder of

the Agreement in full force and effect and the parties shall, thereupon, seek to negotiate substitute provisions which are in conformity with the applicable laws.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE 1ST DAY OF APRIL 2015.

NORTHERN NEW YORK CHAPTER By:___________________________ OF NECA Martin Sullivan Chapter Manager

LOCAL UNION 910, INTERNATIONAL By:___________________________ BROTHERHOOD OF ELECTRICAL John O’Driscoll WORKERS Business Manager

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LETTER OF UNDERSTANDING BETWEEN THE

NORTHERN NEW YORK CHAPTER OF NECA AND IBEW LOCAL UNION 910

The Parties to the Inside Construction Agreement between Northern New York Chapter of NECA, and Local Union #910 IBEW, hereby agree to the following policy regarding employees receiving unemployment compensation benefits.

After forty-five (45) calendar days of employment, and with the

consent of the employee, Temporary Layoffs will be permitted of no more

than forty-five (45) calendar days per calendar year. When more than

20% of active local Journeymen Wiremen are unemployed the recall will be for

60 days. The employer shall notify the Union by mail when the Temporary Lay-off

becomes effective, and upon the recall of the employee.

This provision does not apply to Apprentices, Short-call employees, and employees hired as Foreman from the out of work list. This provision applies only to Group 1 Journeyman Wireman, and those Group 1 Journeymen shall register on the out of work list to protect their future employment opportunities. Any violation of this Letter of Understanding or dispute arising here under shall be resolved in accordance with the grievance and dispute procedures set forth in Article I and II of the Collective Bargaining Agreement. This Letter shall take effect April 1, 2015, and shall continue in effect through March 31, 2018. Should any provision of this Letter of understanding be declared illegal by any court of competent jurisdiction, such provisions shall immediately become null and void, leaving the remainder of the Agreement in full force and effect. The parties shall, there upon, seek to negotiate substitute provisions, which are in conformity with the applicable laws. SIGNED FOR NORTHERN NEW YORK SIGNED FOR IBEW CHAPTER OF NECA LOCAL UNION 910 ______________________________ ______________________________ Martin Sullivan John O’Driscoll Chapter Manager Business Manager

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LETTER OF UNDERSTANDING BETWEEN THE

NORTHERN NEW YORK CHAPTER OF NECA AND IBEW LOCAL UNION 910

The Parties to the Inside Construction Agreement between Northern New York Chapter of NECA, and Local Union #910 IBEW, hereby agree to the following policy regarding the use of work-weeks consisting of four (4) Ten (10) hour days. The Employer, with twenty-four (24) hours prior notice to the Union may institute a work schedule on a job-wide basis consisting of the following:

Ten (10) hours worked between the hours of 7:00 A.M. to 12:00 noon and 12:30 P.M. to 5:30 P.M. with 1/2 hour for a lunch period shall constitute a work day. Forty (40) hours within four (4) days, Monday through Thursday or Tuesday through Friday inclusive shall constitute a workweek. If inclement weather cancels work on any of the Monday - Thursday work days Friday shall constitute a make-up work day at the regular rate of pay. At the employees discretion, if a recognized holiday falls during the work week either Monday or Friday shall constitute a make-up work day at the regular straight time rate of pay. There will be a fifteen (15) minute break during the first half of any shift. Any violation of this Letter of Understanding or dispute arising here under shall be resolved in accordance with the grievance and dispute procedures set forth in Article I and II of the Collective Bargaining Agreement. The Letter shall take effect April 1, 2015, and shall continue in effect through March 31, 2018. Should any provision of this Letter of Understanding be declared illegal by any court of competent jurisdiction, such provisions shall immediately become null and void, leaving the remainder of the Agreement in full force and effect. The parties shall, there upon, seek to negotiate substitute provisions, which are in conformity with the applicable laws. SIGNED FOR NORTHERN NEW YORK SIGNED FOR IBEW CHAPTEER OF NECA LOCAL UNION 910 ______________________________ ______________________________ Martin Sullivan John O’Driscoll Chapter Manager Business Manager

ELEVATOR CONSTRUCTORS

• •••

NEBAAGREEMENT

WITHI N T E R N AT I O N A L U N I O N

ofELEVATOR CONSTRUCTORS

July 9, 2017 toJuly 8, 2022

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page C1

• •••

NEBAAGREEMENT

WITHI N T E R N AT I O N A L U N I O N

ofELEVATOR CONSTRUCTORS

July 9, 2017 toJuly 8, 2022

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page i

Whenever any words are used in thisAgreement in the masculine genderthey shall be construed as though theyare also used in the feminine gender orneuter gender in all situations wherethey would so apply.

NNEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page ii

INDEXARTICLE Page

I Parties to the Agreement . . . . 1II Recognition Clause . . . . . . . . 1III Membership Requirements . . 2IV Work Jurisdiction . . . . . . . . . . 7

IV (A) Systems, Modular andIndustrial Structure . . . . . . 20

V Wages . . . . . . . . . . . . . . . . . . . . 23VI Holidays . . . . . . . . . . . . . . . . . . 26VII Construction Work . . . . . . . . . 28VIII Repair Work . . . . . . . . . . . . . . 34

VIII (A) Modernization Work . . . . . . . . 38IX Contract Service . . . . . . . . . . . 43X Designation of Helper’s,

Apprentice’s and AssistantMechanic’s Work andQualifications . . . . . . . . . . . 52

XI System of Payment . . . . . . . . . 59XII Vacations and Paid Time Off . . 62XIII Traveling Time and

Expenses . . . . . . . . . . . . . . . 67XIV Strikes and Lockouts . . . . . . . 69XV Arbitration . . . . . . . . . . . . . . . . 71XVI Jurisdictional Territory . . . . . 78XVII Health Benefit Plan . . . . . . . . 80

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XVIII Pension Plan . . . . . . . . . . . . . . 83XVIII (A) 401(k) Annuity . . . . . . . . . . . . 85

XIX Educational Fund . . . . . . . . . . 86XX Elevator Industry Work

Preservation Fund . . . . . . . 90XXI Payment for Lost or Stolen

Tools . . . . . . . . . . . . . . . . . . . 92XXI (A) Metric Tools . . . . . . . . . . . . . . 93

XXII Hiring, Layoffs andTransfers . . . . . . . . . . . . . . . 94

XXIII Scope and Terms ofAgreement . . . . . . . . . . . . . . 103

XXIV Re-Opening Clause . . . . . . . . . 104XXV Termination of Agreement . . 104XXVI Local Option . . . . . . . . . . . . . . 104XXVII Reporting Time, Subpoenaed

Witnesses, Uniforms . . . . . 106Appendix “A” Decisions of the JointIndustry Committee . . . . . . . . . . . . . . . . 114

Letters of Agreement . . . . . . . . . . . . . . . . . 124Substance Abuse . . . . . . . . . . . . . . . . . . . . 144

ARTICLE Page

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ARTICLE I

Parties to the Agreement

This Agreement, made by and between the Na-tional Elevator Bargaining Association (hereinafterreferred to as “NEBA”) and the INTERNATIONALUNION OF ELEVATOR CONSTRUCTORS (here-inafter referred to as “IUEC” or the “Union”), forthe purpose of establishing harmonious relationsand facilitating peaceful adjustment of wage sched-ules and working conditions. The INTERNA-TIONALUNIONOFELEVATORCONSTRUCTORSmakes this Agreement for and on behalf of its affili-ated local unions and a list of the local unions forwhich the International negotiates and executesthis Agreement is attached hereto and made a parthereof. NEBAmakes this Agreement for and on be-half of its employer members (hereinafter referredto individually as the “Company” or the “Em-ployer”), and a list of the Employers for whichNEBA negotiates and executes this Agreement isattached hereto andmade a part hereof.

ARTICLE II

Recognition Clause

Par. 1. The Union claims and the Employer ac-knowledges and agrees that the Union hassupplied proof that a majority of its ElevatorConstructor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprentices

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NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 1

and Elevator Constructor Assistant Mechanicshave authorized the Union to represent themin collective bargaining with the Employer.The Employer recognizes the Union as the ex-

clusive Section 9(a) bargaining representativefor all Elevator Constructor Mechanics, ElevatorConstructor Helpers, Elevator Constructor Ap-prentices and Elevator Constructor AssistantMechanics (hereinafter referred to sometimes as“Mechanics, Helpers, Apprentices and AssistantMechanics “ or collectively as “Elevator Con-structor(s)”) in the employ of the Employers en-gaged in the installation, repair, modernization,maintenance and servicing of all equipment re-ferred to in Article IV, Par. 2 and Article IV (A).

Par. 2. The Union recognizes that it is the re-sponsibility of the Company in the interest ofthe purchaser, the Company and its employeesto maintain the highest degree of operating ef-ficiency and to continue technical develop-ment to obtain better quality, reliability, andcost of its product provided, however, thatthis provision is not intended to affect thework jurisdiction specified in Article IV andother Articles of the Agreement.

ARTICLE III

Membership Requirements

Par. 1. All Mechanics, Helpers, Apprentices andAssistant Mechanics covered by this Agree-

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ment shall, as a condition of employment ob-tain and maintain membership in a local unionof the International Union of Elevator Con-structors on and after the thirtieth (30th) dayfollowing the beginning of their employmentor the date this Article becomes effective,whichever is later.

Par. 2. The Company shall be obligated underthis Article, after it becomes effective asabove provided, to terminate the employmentof any employee who fails to obtain or main-tain membership in a local union as requiredby this Article, upon receipt of a written re-quest for such termination from his localunion: except that the Company shall have theright to refuse such request if it has reason-able grounds for believing (1) that such mem-bership is not available to the employee on thesame terms and conditions generally applica-ble to other members, or (2) that membershiphas been denied or terminated for reasonsother than the failure of the employee to ten-der the periodic dues and initiation fees uni-formly required as a condition of acquiring orretaining membership.

Par. 3. Beginning January 1, 2018, the Companyagrees to deduct from the wages, each week,the IUEC dues or service fees of each em-ployee who authorizes the Company to do so.The Union shall notify the Company in writ-

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ing, of the amount of such dues or service feesor any change in the amount of such dues orservice fees prior to December 1 of each year.Any change in deduction shall become effec-tive beginning with the second full pay periodafter the Company receives such written no-tice of change from the Union.Beginning with the second pay period fol-

lowing receipt of a written authorizationsigned and dated by a bargaining unit em-ployee on a form approved by NEBA, theCompany shall deduct, from the employee’spay, the appropriate IUEC Dues or ServiceFees payable by the employee to the IUECduring the period provided for in the authori-zation. The dues check-off authorization is ir-revocable for a period of one year from thedate it is delivered to the Company or until ter-mination of the collective bargaining agree-ment between the Company and the IUEC,whichever occurs sooner. The authorization,assignment and direction shall be automati-cally renewed and shall be irrevocable for suc-cessive periods of one year each and for theperiod of each successive agreement betweenthe Company and the IUEC, whichever shallbe shorter, unless notice is given to the Com-pany with whom the employee is employed atthat time and the IUEC not more than twenty(20) days and not less than the ten (10) daysprior to the expiration of each period of oneyear, or of each applicable collective bargain-

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ing agreement between the Company and theIUEC, whichever occurs sooner, by submittinga written revocation to the Company with acopy to the IUEC and NEBA. Said revocationshall be in effect on the date of receipt by theCompany.A list of all employees, along with the last

four digits of their respective Social SecurityNumbers and amounts deducted for eachweek shall be sent to the Union along with theremittance for the total amounts checked off.The Company shall not be required to make

deductions with respect to any employee for apayroll period in which the employee:(a) is in an unpaid leave status for the pay

period;(b) is receiving Workers’ Compensation, Un-

employment Compensation or disability bene-fits for the pay period; or(c) has a net pay which is less than the

amount of IUEC Dues or Service Fees to bededucted. The Union shall receive the abovemonthly remittance and the list of employeeson the same schedule as applies to the BenefitPlans (currently by the 15th day of the monthfollowing the month in which the funds werededucted).The Union will hold NEBA and/or the Com-

panies harmless and indemnify NEBA and/orthe Companies for any costs, damages or lia-bilities, including, but not limited to, reason-able litigation costs and attorneys’ fees, in-

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curred by NEBA and/or the Companies as a re-sult of this Article.

Par. 4. Employees working in any state whichprohibits the execution or application ofAgreements requiring membership in a labororganization as a condition of employmenthave the right to join or refrain from joiningthe International Union of Elevator Construc-tors. Employees who decide not to join theUnion, however, and who are covered by thisAgreement shall, as a condition of employ-ment, be required to pay a monthly service feeto the Union. The service fee shall be the em-ployees’ prorata share of costs of collectivebargaining and the handling of grievances andarbitrations. The service fee shall not includeany prorata share of costs of items other thancollective bargaining and handling of griev-ances and arbitrations, and under no circum-stances will the service fee be used by theUnion for any purpose other than to meet theexpenses of collective bargaining and han-dling of grievances and arbitrations.On and after the thirtieth (30th) day follow-

ing the date of this Agreement or on and afterthe thirtieth (30th) day following the date ofcommencement of employment by an em-ployee, whichever is later, regular tendering ofthe service fee shall be a condition of employ-ment, subject to the rights of employees andobligations of parties under the law. Service

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fees shall be payable on or before the first dayof each month.

Par. 5. All the provisions of this Article shall be ef-fective to the extent permitted by applicable law.

ARTICLE IV

Work Jurisdiction

Par. 1. It is agreed by the parties to this Agree-ment that all work specified in Article IV shallbe performed exclusively by Elevator Con-structor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechanicsin the employ of the Company.

Par. 2.(a) The handling and unloading of all equip-

ment coming under the jurisdiction of the Ele-vator Constructor, from the time such equip-ment arrives at or near the building site, shallbe handled and unloaded by the Elevator Con-structors. Mechanical equipment such as afork lift or truck mounted swing boom may beused by the Elevator Constructors. A derrick,crane or material hoist can be used under thesupervision of Elevator Constructors to han-dle and unload the heavy material described inPar. 5(a). Where unusual conditions are ex-pected to exist prior to delivery of equipmentat or near the building site in regard to han-

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dling and unloading of equipment in the pri-mary or secondary jurisdiction of the localunion, the Company shall contact the Local’sBusiness Representative to make appropriatearrangements for the handling and unloadingof such equipment. In areas outside the juris-diction of the local union, the Company shallcontact the Regional Director.

(b) The erecting and assembling of all eleva-tor equipment to wit: electric, hydraulic,steam, belt, dumbwaiters, residence elevators,parking garage elevators (such as Bowser, Pi-geon Hole, or similar types of elevators), shut-tles, compressed air and handpower, auto-matic people movers, monorails, airport shut-tles and like-named devices used in the trans-portation of people for short distances oftravel (less than 5 miles), as well as vertical re-ciprocating conveyor systems.

(c) It is understood and agreed that the pre-assembly of all escalators, moving stairwaysand link belt carriers that may be done in thefactory shall include the following:

1. Truss or truss sections with tracks, driveunits, machines, handrail drive sheaves, drivechains, skirts on the incline sections but notcurved sections, step chains and steps in-stalled and permanently aligned.

2. Balustrade brackets may be shipped at-tached but not aligned.

3. Setting of all controllers and all wiringand conduit from the controller.

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All other work on escalators, moving stair-ways and link belt carriers shall be performedin the field by Elevator Constructor Mechan-ics, Helpers, Apprentices and Assistant Me-chanics either before or after the truss or trusssections are joined and/or hoisted and placedin permanent position. This includes any andall work not done in the factory.The erecting and assembly of all theater

stage and curtain elevator equipment andguides and rigging thereto, organ consoles andorchestra elevators shall be performed by Ele-vator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics.(d) All wiring, conduit, and raceways from

main line feeder terminals on the controller toother elevator apparatus and operating circuits.Controllers are not to be shipped from the fac-tory with extended wiring attached thereto.(e) The erecting of all guide rails.(f) The installation of all grating under the

control of the Company. The installation of allcounterweight screens, overhead work, eitherwood or iron, and all material used for mount-ing of elevator apparatus in machine room,overhead or below.(g) The drilling of overhead beams for at-

taching machines, sheaves, kick angles, andall other elevator equipment.(h) The setting of all templates.(i) All foundations, either of wood or metal,

that should take the place of masonry.

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(j) The assembly of all cabs complete.(k) The installation of all indicators.(1) The erecting of all electrical or mechani-

cal automatic or semi-automatic gates com-plete.

(m) The hanging of all automatic or semi-au-tomatic elevator hoistway doors, together withthe installation of hangers and tracks.

(n) The installation of all devices for open-ing and closing, and locking of elevator carand hoistway doors and gates.

(o) The drilling of doors for mounting ofclosing devices.

(p) The drilling of angle supports for mount-ing of closing devices except one templatehole.

(q) The drilling of sills for sill trips.(r) The operating of temporary cars.(s) The setting of all elevator pressure open

or pit tanks.(t) The setting of hydraulic power units

(power units include: motor, pump, drivevalve system, internal piping, muffler, internalwiring, controller and tank). Where powerunits arrive in parts, they shall be assembledat the job site. The wiring and piping to andbetween multiple hydraulic power units shallbe performed at the job site.

(u) All air cushions with the exception ofthose built of brick or those put together withhot rivets.

(v) Landing door entrances.

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Par. 3.(a) Nothing contained in Article IV shall pre-

clude the Company from preassembling andprefabricating the following:(1) Temporary elevatorsA temporary elevator is defined as a nonper-

manent elevator installed prior to or duringconstruction work inside or outside buildings.The assembly, disassembly and moving oftemporary elevators from job to job or area toarea may be accomplished in the most eco-nomical fashion provided, however, whateverwork is required to be performed at the jobsite in connection therewith shall be per-formed exclusively by Elevator ConstructorMechanics, Helpers, Apprentices and Assis-tant Mechanics.(2) Residence elevatorsResidence elevators shall mean elevators in-

stalled solely for use in a single family resi-dence and not for general public use. Singlefamily residences may be part of a multi-unitstructure.(3) Dumbwaiters(4) Dock elevators(5) Parking garage elevators (such as

Bowser, Pigeon Hole or similar types of eleva-tors)(6) Apartment House elevatorsApartment house elevators shall mean an ele-

vator installed in a multi-unit, multifamily struc-ture, (excluding condominiums) but not to ex-

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ceed three (3) stories in height (i.e. 36 ft.) andthe elevator shall not make more than three (3)stops nor exceed a capacity of 2500 lbs.(7) Preassembled plug connectors may be

used to interconnect the solid state compo-nents of the elevator systems (solid state tosolid state only), and to connect any compo-nent in and on the car.When the use of fiber optics is applied to the

elevator system, preassembled plugs/couplingdevices may be used to maintain the integrityof the connection(s).It is understood and agreed that the con-

necting and/or coupling of devices will bedone by the Elevator Constructor whether ac-complished by external wiring or preassem-bled plug connectors as provided in this Para-graph.(8) Limited Use/Limited Access Elevators

which shall mean elevators described underthe scope of Limited Use/Limited Access Ele-vators as defined in A.S.M.E. A17.1. Inclinestairway chair lifts and incline and verticalwheelchair lifts shall mean lifts describedunder the scope of A.S.M.E. A17.1.Limited Use/Limited Access Elevators, in-

cline stairway chair lifts, inclined and verticalwheelchair lifts, and residence elevators maybe installed in the most economical fashion,provided there is no factor of safety involved.Whatever work is required to be performed atthe job site in connection therewith shall be

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performed exclusively by Elevator Construc-tor Mechanics, Helpers, Apprentices and As-sistant Mechanics.(9) Landing door entrance assemblies which

will be limited to struts, sills, headers, framesand associated hardware for installation pur-poses: door header including tracks, hangers,and all relating devices (adjusting and aligningto be done in the field).(10) Car-top inspection station which may

only include pre-wired service light, gateswitch, alarm device and inspection station.(a) Pre-wired canopies with lights and fans.

Par. 3.(b) It is understood and agreed that the pre-

assembly and/or prefabrication of electricwalks, Trav-o-lators, speed ramps or similartype of moving walks, (limited to 15° inclineper ANSI Code), shall include the following:(1) Truss sections with drive units, ma-

chines, handrail drive sheaves and drivechains installed and aligned.(2) Truss sections with tracks installed and

aligned.(3) Balustrade brackets may be shipped at-

tached but not aligned.(4) Setting of all controllers and all wiring

and conduit from controllers.Work to be done in the field shall include

setting and aligning of truss sections and sup-ports, installation of pallets (platforms and

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belting), handrails, handrail idler sheaves, cen-tering guides, combplates, balustrades andtrim.

Par. 4.(a) It is agreed that when sinking, drilling,

boring or digging cylinder wells for hydrauliclifts, hydraulic elevators or screw lifts, theCompany shall employ Elevator ConstructorMechanics, Elevator Constructor Helpers, Ele-vator Constructor Apprentices and ElevatorConstructor Assistant Mechanics.(b) On any job where the Company subcon-

tracts the sinking, drilling, boring or digging ofcylinder wells for hydraulic lifts, hydraulic ele-vators or screw lifts, one Elevator ConstructorMechanic shall be employed by the Companyto supervise and assist in any and/or all workrelated to sinking, drilling, boring or digging ofthe cylinder well including the installation ofthe casing whether its sections be welded,screwed or riveted or by any other methodjoined.(c) It is agreed that the work performed by

the subcontractor shall be strictly limited towork in connection with the digging of thehole and the installation of the casing. It is un-derstood that the Company will have the pre-ceding sentence inserted in his contract withthe subcontractor.(d) The Company shall have the Elevator

Constructor Mechanic on the job at the time

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the subcontractor arrives on the job for thedrilling of the hole and during the entire timethe subcontractor performs any work in con-nection with the drilling of the hole includingthe setting up and/or assembly and disassem-bly of the rig.(e) If the Company violates the requirement

defined in Par. (d) it shall be assessed and payas liquidated damages a sum equal to doublethe total compensation of the Elevator Con-structor Mechanic in the area for the numberof hours an Elevator Constructor Mechanicshould have been on the job and was not onthe job in the sinking, drilling, boring or dig-ging the cylinder well. This liquidated damageshall be paid by the Company to the saidjointly administered trust fund.In the case of a second offense, the liqui-

dated damages shall be computed on the samebasis as the first offense, except that theamount shall be tripled instead of doubled; forthe third and subsequent offenses during theterm of this Agreement, the liquidated dam-ages shall be $500 more than the second of-fense.The Company’s Regions shall constitute sep-

arate areas for the counting of repeated viola-tions by the Company and only violations inthe same district shall be counted for the pur-pose of imposing graduated penalties.(f) Should a work stoppage or strike occur

because of a dispute over the application or

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interpretation of this paragraph none of theforegoing penalties will be imposed.

Par. 5.(a) Where heavy material is to be hoisted or

lowered outside of the structure, a derrick,crane or material hoist can be used under thesupervision of Elevator Constructors in theemploy of the Company. Heavy material undersubparagraph (a) is confined to machines,controllers, generators, trusses, or sections oftrusses, plungers and cylinders. (Where multi-ple sections of cylinders and plungers areused, they shall be connected in the field byElevator Constructors. Exception: the Com-pany’s multiple sections of cylinders may beconnected either in the field or factory up tothirty-eight (38) feet in length; where multiplesections of plungers are used, they shall beconnected in the field by Elevator Construc-tors.) In addition to the foregoing, the Com-pany shall have the right to utilize derricks,cranes or a material hoist to hoist or lowertools of the trade, gang boxes, welders, air andgas tanks, cutting torches, material handlingequipment and safety equipment.(b) Where conditions are such that the fol-

lowing heavy material can be hoisted up thehoistway, it shall be hoisted by the ElevatorConstructors. Where conditions are such thatthe following heavy material cannot behoisted up the hoistway, it can be hoisted with

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a crane or material hoist under the supervi-sion of Elevator Constructors. Heavy materialunder subparagraph(b) is confined to beams, sheaves, bundles

of rails and preassembled landing door en-trances.(c) The above heavy material in subpara-

graphs (a) and (b) shall be hoisted separatelywith the exception of plungers and cylinders,rails, beams, preassembled landing door en-trances and where conditions warrant ma-chines with beams, which may be hoisted to-gether.(d) All other material is to be hoisted or low-

ered by Elevator Constructors without the useof derrick or crane.

Par. 6. The wrecking or dismantling of elevatorplants shall be performed by Elevator Con-structor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechan-ics. It is understood and agreed that the Unionreserves the right to refuse to install any newelevators in any plant where the wrecking ordismantling of the old elevator plant has beendone by other than Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics. Before thelocal union shall refuse to install a new eleva-tor, such action must be first approved by the

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International. Elevator plants as referred to inthis paragraph are understood to include ele-vators, escalators, moving stairways, dumb-waiters, moving walks and all other equipmentcoming under the jurisdiction of the ElevatorConstructor.

Par. 7. Where Elevator Constructor Mechanicsare not available to lay car floor covering, it isagreed that the Company may employ othersto do this work.

Par. 8. Inserts and/or bond blocks are to be setby Elevator Constructor Mechanics in the pri-mary jurisdictions of local unions at the op-tion of the Company. Inserts may be set byothers outside of the primary jurisdictions oflocal unions where a full day’s work cannot beprovided.

Par. 9. No restrictions shall be imposed as tomethods, tools, or equipment used.

Par. 10. It is agreed that the work specified inArticle IV has always been performed exclu-sively by Elevator Constructor Mechanics,Helpers, Apprentices and Assistant Mechanicsin the employ of the Company at the site of theinstallation. It is agreed that effective July 9,1977, the work specified in Article IV that isperformed exclusively by Elevator Construc-tor Mechanics, Helpers, Apprentices and As-sistant Mechanics may be performed at the

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site of the installation or at another assemblypoint provided that (1) the assembly point isnot in or adjacent to the Company’s manufac-turing facility, (2) the assembly point is withinthe primary or secondary jurisdiction of thelocal union in whose jurisdiction the site of in-stallation is located, and (3) the work is per-formed by Elevator Constructor Mechanics,Helpers, Apprentices and Assistant Mechanicsof the local union in whose jurisdiction the siteof installation is located. If the site of installa-tion is located outside the jurisdiction of alocal union (in open territory), it is agreed that(1) the assembly point must be within twenty-five (25) miles of the site of installation, (2) theassembly point is not in or adjacent to theCompany’s manufacturing facility, and (3) thework is performed by Elevator ConstructorMechanics, Helpers, Apprentices and AssistantMechanics from the local union who ordinarilyperform work for the Company in the vicinityof the site of the installation. The unloadingand handling of all equipment coming underthe jurisdiction of the Elevator Constructor atan assembly point shall be performed in accor-dance with Par. 2(a) of this Article.

Par. 11.(a) All differences and disputes concerning

Article IV or Article IV(A) shall be settled inaccordance with the grievance procedures inArticle XV.

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(b) While any question or dispute pertainingto Article IV or Article IV(A) is beingprocessed the Company, where possible, shallassign the employees work other than thework in dispute. Where the work has pro-gressed to a point where it is not possible toperform work other than the work in dispute,then the employee shall perform the disputedwork pending final resolution as providedherein.

ARTICLE IV(A)

Systems, Modular and Industrial Structures

Par. 1. Systems Building. Systems, modular, in-dustrialized or similar structures are thosewhose superstructures and components arepre-assembled in sections, rooms, or floors, inwhole or in part, in areas adjacent to or re-mote from the permanent site of the struc-ture. The erection and assembly of elevatorcomponents in building modules is to be doneby Elevator Constructor Mechanics, Helpers,Apprentices and Assistant Mechanicswhether the assembly site is adjacent to thejob or remote from the job. Where the Com-pany has a choice or selection of the assem-bly site, such sites are to be mutually agreedupon by the General President of the Interna-tional Union of Elevator Constructors and theCompany. It is understood that if members of

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one local perform part of such work at an as-sembly site remote from the permanent jobsite, members of the local covering the per-manent job site will perform the remainder ofthe work. The elevator work remaining to bedone after modules have been put into perma-nent place, shall be performed by ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics so that the jurisdic-tion of the Elevator Constructor as related toany other Building Trade, shall remain intactas outlined in the latest “Green Book” or“Plan for Settling Jurisdictional Disputes, Na-tionally & Locally” or its successor as ap-proved by the Building & Construction TradesDept., AFL-CIO.

Par. 2. The work to be done by Elevator Con-structors is as follows:(a) The installation and assembly of all ma-

chine room equipment whether overhead orbelow on prefabricated machine room floors.(b) Assemble car frames and cabs complete

with door operating equipment, control, signaland operating devices.(c) Connect electric traveling cables to ei-

ther car, controller or half-way junction box.The connections to be prepared and/or madeat both ends of assembly site.(d) Shackle hoist, compensating and gover-

nor cables and pre-connect to car or counter-weight hitches.

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(e) The setting of templates.(f) The installation of all grating and coun-

terweight screens, overhead work, eitherwood or iron, and all material used for mount-ing of elevator apparatus in machine rooms,overhead or below.(g) All foundations, either of wood or metal,

that should take the place of masonry.(h) The installation and aligning of guide

rails in hoistway modules.(i) Erect and assemble doors, hangers,

tracks, door locks or locking devices for open-ing or closing and all related equipment.(j) Install corridor side operating and signal

devices.(k) Install hoistway wiring.(1) Install all elevator equipment and de-

vices in hoistway and hoistway modules in-cluding governor rope tension sheaves, con-trol equipment, buffers and supports.(m) The operating of temporary elevators.(n) The installation and aligning of all pis-

tons and cylinders on hydraulic elevators.(o) Landing door entrances.Unloading, handling, hoisting and lowering

of material covered in (a) through (o) will beperformed under the supervision of ElevatorConstructors.

Par. 3. Nothing in this Article is intended tochange the practices either party has previ-ously enjoyed in erection of elevators in con-

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ventional type buildings as related to ArticleIV.

ARTICLE V

Wages

Par. 1. The rate of wages to be paid to ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics shall be determinedin accordance with the following schedule. Ef-fective January 1, 2018 and every twelve (12)months thereafter, during the term of thisagreement, each local’s existing total packageshall be increased according to the followingschedule:

1st Year Gross Increase . . . . . . . . . . . . . 3.28%

2nd Year Gross Increase . . . . . . . . . . . . 3.28%

3rd Year Gross Increase. . . . . . . . . . . . . 3.28%

4th Year Gross Increase. . . . . . . . . . . . . 3.28%

5th Year Gross Increase. . . . . . . . . . . . . 3.28%

Par. 2. Subtracted from the gross increase shallbe the credits agreed upon in Par. 3 below. Theremainder shall be the wage rate increase forthe Elevator Constructor Mechanics in thatLocal.

Par. 3. The amounts of credits for wage rate in-creases effective January 1, 2018 and everytwelve months thereafter shall be as follows:

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Current Wage Rate AmountContribution Level $31.885 Fringe Total

January 1, 2018 . . . . . . . . . . $1.12 $33.005

January 1, 2019 . . . . . . . . . . $1.12 $34.125

January 1, 2020 . . . . . . . . . . $1.12 $35.245

January 1, 2021 . . . . . . . . . . $1.12 $36.365

January 1, 2022 . . . . . . . . . . $1.12 $37.485

The above gross increases will be reallo-cated and the above credit amounts increasedor decreased accordingly after the effectivedate of this Agreement by whatever differentamounts, if any, the Union, at its discretion,determines are necessary to fund the HealthPlan, the Pension Plan, Education Fund, theAnnuity Fund and Elevator Industry WorkPreservation Fund by modifying the hourlycontribution rate up to twenty five ($.25) centsper fund per year, provided that this realloca-tion cannot be used to increase the wage rate.

Par. 4. Subtracting the credits from the gross in-creases yields the following wage rate in-creases for the Elevator Constructor Me-chanic:

1st, 2nd, 3rd, 4th, 5thYear Wage RateIncrease . . . . . . Subtract the $1.12 per hour

fringe contribution in-

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crease from the computedtotal package percentage,and the result will be thewage rate increase for theElevator Constructor Me-chanic.

Par. 5. The wage rate for the Elevator Construc-tor Helpers shall be seventy (70) percent ofthe Elevator Constructor Mechanic’s rate.

Par. 6. The wage rate for Elevator ConstructorApprentices shall be the progressive scale ofwages set forth below, and those progressive el-evations shall become effective the next fullpay cycle following September 1st, commenc-ing September 1, 2003 and each year thereafter:Probationary Apprentice, (0-6months): 50%

of Mechanic’s Rate.First Year Apprentice, 55% of Mechanic’s

Rate, plus fringe benefits as provided by thecollective bargaining agreement. (This shallinclude months 7-12 of the Probationary pe-riod).Second Year Apprentice, 65% of Mechanic’s

Rate, plus fringe benefits as provided by thecollective bargaining agreement.Third Year Apprentice, 70% of Mechanic’s

Rate, plus fringe benefits as provided by thecollective bargaining agreement.Fourth Year Apprentice and Assistant Me-

chanic, 80% of Mechanic’s Rate, plus fringe

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benefits as provided by the collective bargain-ing agreement.

Par. 7. When four (4) or more men, includingthe Elevator Constructor Mechanic–In-Charge, are employed on new construction ormodernization jobs, the Elevator ConstructorMechanic-In-Charge of the job shall have hishourly rate increased 12-1/2% for all hoursworked.

Par. 8. The gross increases set out in this Articleshall apply to all Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics engaged inconstruction, repair, modernization and con-tract service work, as defined and covered inthis Agreement.

ARTICLE VI

Holidays

Par. 1. The following shall be designated as paidholidays: New Year’s Day, Memorial Day, Inde-pendence Day, Labor Day, Veterans’ Day,Thanksgiving Day, the Friday after Thanksgiv-ing Day and Christmas Day.

Par. 2. In addition, each local may retain estab-lished unpaid holidays already agreed upon bypast procedure or observed by local building

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trades councils or declared by State or Na-tional Governments. Any new Federal holi-days such as President’s Day and ColumbusDay are not to be considered as paid or unpaidholidays unless previously celebrated by theparties to this Agreement.

Par. 3. To be eligible for a paid holiday, an em-ployee must have been on the Company’s pay-roll within the calendar week, Sunday to Sat-urday inclusive, previous to the week in whichthe holiday occurs. “On the payroll” meansthat an employee must have performed actualwork or have been on an authorized paid vaca-tion. If an employee desires to extend his va-cation beyond the earned paid vacation pe-riod, such extension of that time shall not beconsidered as “on the payroll.”

Par. 4. The holiday provisions of this Articleshall apply to all Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics engaged inconstruction, repair, modernization and con-tract service work as defined and covered inthis Agreement.

Par. 5. Eligible employees shall be paid for theregular workday and the paid holidays enu-merated in Par. 1 at the regular straight timerate of the classification worked prior to theobservance of the holiday. The rate of pay for

27


all work performed on paid holidays shall beat the double time rate in addition to the holi-day pay. Any unpaid holidays observed as pro-vided in Par. 2 shall be without pay, but ifworked shall be double time rate.

Par. 6. When a paid holiday falls on Saturday, itshall be observed on Friday. When a paid holi-day falls on Sunday, it shall be observed onMonday.

Par. 7. The Company shall not lay off or termi-nate an employee to circumvent holiday payas provided herein.

Par. 8. Employees who work on a holiday thatfalls on a Saturday or Sunday and that holidayis observed on a Friday or Monday, respec-tively, shall be paid at the specified overtimerates for work performed on Saturdays orSundays. (i.e., if July 4th falls on Saturday itwill be celebrated on Friday, July 3rd. Workperformed on July 3rd will be double time(2X) and work performed on July 4th will bepaid at the specified overtime rate).

ARTICLE VII

Construction Work

Par. 1. Construction work is hereby defined aserecting and assembling of apparatus as enu-merated in Article IV and Article IV (A) of this

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Agreement, except general repairs and mod-ernization as defined in Article VIII and VIII(A). It is hereby agreed that all ConstructionWork as above defined shall be performed ex-clusively by Mechanics, Helpers, Apprenticesand Assistant Mechanics.

Par. 2. It is agreed that the regular working dayshall consist of eight (8) hours worked con-secutively with an unpaid lunch period, be-tween 6 A.M., and 5 P.M., five (5) days perweek, Monday to Friday, inclusive. Hours ofwork at each job site shall be those estab-lished by the general contractor and workedby the majority of trades. (The above workinghours may be changed by mutual agreementas provided in Article XXVI). If the generalcontractor shuts down operations on a daynot recognized as a holiday under this Agree-ment, the Company shall make every effort toplace the affected employees on other workfor that day.

Par. 2A. Upon written notification to the LocalBusiness Representative, the Company mayestablish hours worked on a job site for a four(4) ten (10) hour day workweek at straighttime pay for construction work. It is agreedthat the regular working day shall consist often (10) hours worked consecutively with anunpaid lunch period, between 6 A.M. and 6P.M., four (4) days per week, Monday toThursday inclusive or Tuesday to Friday in-

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clusive. All employees on the jobsite shallwork the same four (4) ten (10) hour dayworkweek schedule. Any work performed ona day other than the days established for thefour (4) ten (10) hour day workweek and be-fore and after the regular working day wherea four (4) ten (10) hour day workweek hasbeen established, will be paid double the rateof single time.

When working in a per diem area, the em-ployee shall receive per diem for all days dur-ing the established four (4) ten (10) hour dayworkweek, Monday to Thursday inclusive orTuesday to Friday inclusive. When working ina per diem area and work continues on thesame job site the following week, the em-ployee shall receive per diem for all days otherthan the days established for the four (4) ten(10) hour day workweek, including Saturdayand Sunday.

It is agreed that when a Holiday is observedon one of the established four (4) ten (10)hour day workweek days and providing theemployee complies with Article VI, Par. 3,he/she will be paid ten (10) hours for that Hol-iday. If the Holiday is observed on any day notpart of the established four (4) ten (10) hourday workweek, the employee will be paideight (8) hours for that Holiday.

Par. 3. Work performed on Construction Workon Saturdays, Sundays and before and after

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the regular working day on Monday to Friday,inclusive, shall be classed as overtime, andpaid for at double the rate of single time.

Par. 4. When any four (4) of the seven (7) At-lantic City Formula Trades obtain a six (6)hour day, the Union shall work a six (6) hourday, the working day to be between the hoursof 6 A.M. and 5 P.M. When sufficient Mechan-ics, Helpers, Apprentices and Assistant Me-chanics are not available, an eight (8) hour dayshall be worked. Whenever a local union ob-tains a six (6) hour day under this paragraph,the local union and the Company shall bargainas to the hours and overtime rates to be ap-plied on the six (6) hour day.

Par. 5.(a) When a majority of the Atlantic City For-

mula Trades (this means there must be four(4) of the seven (7) union Atlantic City trades),on a job work a shift or shifts following theday shift, the Company may work the follow-ing shifts. However, trades who perform thework as per their regular overtime rates shallnot be considered as shift work.

(b) It is agreed that the “Day Shift” shallconsist of eight (8) hours between 8 A.M. and4:30 P.M., five (5) days per week, Mondaythrough Friday, inclusive.

(c) The shift following the “Day Shift” shallwork 7-1/2 hours between the hours of 4:30

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P.M. and 12:30 A.M. and shall receive eight (8)hours pay plus an additional 10% per hour. Theshift preceding the “Day Shift” shall workseven (7) hours between the hours of 12:30A.M. and 8 A.M. and receive eight (8) hourspay plus an additional 15% per hour.

Any and all work during hours other thanthe established hours for any one of the threeshifts shall be paid at double the hourly wagerate including any premium rate of the as-signed shift.

(1) When an employee is called in prior tothe regular starting time for his shift or heworks beyond the regular quitting time of hisshift, he shall receive double the hourly wagerate of his assigned shift for all hours in ex-cess of the established hours for his shift.

(2) When an employee is required to workhours that are not continuous with the estab-lished hours for his assigned shift he shall bepaid for such hours at double the hourlywage rate of his assigned shift or double thehourly wage rate of the shift on which suchexcess hours are performed whichever rate ishigher.

(3) When the Company assigns an employeeto a shift the employee shall work that shift aminimum of five (5) consecutive days. How-ever, should the Company reassign an em-ployee to another shift prior to working five(5) consecutive days, or within twenty-four(24) hours of completing a shift, the employee

32


shall receive the applicable overtime rate ofthe new shift he is assigned to for the first dayonly or the applicable overtime rate of theshift to which he had previously been as-signed, whichever is higher, thereafter the em-ployee shall receive the applicable rates forthe new shift to which he is assigned. An em-ployee who requests a shift reassignment andis reassigned as outlined herein, shall receivethe applicable rates for the new shift to whichhe is assigned at single time only.

(4) When an employee has performed workon another job and he is directed to work on ashift job within twenty-four (24) hours aftercompleting work on the other job, he shall re-ceive the applicable overtime rate of his priorjob or the applicable overtime rate of the shiftto which he is assigned whichever rate ishigher.

(d) Any work performed on Saturday, Sun-day, or a Holiday shall be paid at double thehourly wage rate of the applicable shift includ-ing any premium rate.

(e) In the case of the second and third shiftsand for the purpose of fringe benefit computa-tions, each employee who works a full shiftshall be considered to have worked eight (8)hours.

(f) The working hours set forth in Par. 3 andPar. 4 above may be changed by mutual agree-ment as provided in Article XXVI.

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ARTICLE VIII

Repair Work

Par. 1. Repair Work is hereby defined as generalrepairs on apparatus enumerated in Article IVand Article IV(A) of this Agreement. Repairwork shall be exclusively performed by Me-chanics, Helpers, Apprentices and AssistantMechanics.

Par. 2. General repairs are hereby defined as fol-lows:

Team repairs:Renewal of all ropes.Renewal of brake linings (except small ma-

chines).Shortening of all hoisting and counterweight

cables.Replacement of any traveling cable exceed-

ing 50 feet in length.Safety test where test weights are required.Replacement of crosshead, counterweight

or deflector sheave bearings.Rescoring of sheaves or drums.Replacement of worm and gears.Rebabbitting of bearings.Hydraulic repair work except cleaning, oil-

ing, greasing, belts, small valves, adjusting andone man pressure relief valve test performedin accordance with Appendix A, item 22.

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Adjusting or readjusting using test weights.Realigning guide rails.Replacing crossheads, stiles, safeties or

equalizers.Hoistway door closers with hydraulic or

pneumatic checks.All escalator and moving walk repair work

must be done by a team. (Exception ArticleIX, Contract Service Work, call-backs and ex-amination may be done by one person if thereis no factor of safety).Exception to above: Residence elevator as

described in A.S.M.E. A17.1 code which shallbe one person.

One man repairs:Installing sound isolation.Replacement of door hangers (except for

freight bi-parting doors).All door closer work (except for freight bi-

parting doors).Rewiring car switches, governors and selec-

tors or any other apparatus in the car.Refastening guide rails.Replacing or repairing car floor covering.Rewiring or reinstalling limit switches.Replacing automatic rail or track oilers.

One or Two Man Repairs:Armature repairs.Renewing of car shoes or roller guides.

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Repairs to cab or car gate.Renewal of motor bearings.Replacing thrust bearings.Rewiring controllers.Installation and/or replacement of the fol-

lowing (except when the completion of suchwork requires more than eight (8) hours, ex-cluding travel time, it shall be performed by ateam):Proximity devices (door protection only).Emergency lighting (battery chargers and

lights).Braille Plates.Telephones/Communication Devices (with

existing wiring and box in place).Fixture Cover Plates (no wiring).Key switches/Security devices (with exist-

ing wiring, excluding full Fireman’s ServiceOperation).Controller Wiring Changes (minor changes).Fixture Replacement (in existing locations

only).Replacement of relays, timers, or mechani-

cal devices with solid state devices and cir-cuitry.The replacement of equipment on existing

elevator installations.Other repair work assignments not listed

above may be one man assignments providingthere is no factor of safety involved.

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Par. 3. When escalators are prepared and/or dis-assembled for cleaning, oiling, greasing, ad-justing and minor replacement, (minor re-placement meaning work requiring one (1)hour or less), the work shall not be classed asrepair work.When escalators are prepared and/or disas-

sembled for cleaning, etc., purposes as men-tioned above, and any replacement and/or re-pairs requiring more than one (1) hour, onlythe replacement and/or repairs shall beclassed as repair work.When escalators are prepared and/or disas-

sembled primarily for replacement and/or re-pairs, all work shall be classed as repair work.

Par. 4. When men who are employed on con-tract service work perform any of the repairwork listed above during hours other than be-tween 6 A.M. and 6 P.M., Monday to Friday, in-clusive, it shall be paid for at double the rateof single time. (Exception: employees per-forming one man repair while on call-backsshall be paid at 1.7 times the single time rate).

Par. 5. It is agreed the regular working day shallconsist of eight (8) hours worked consecu-tively with an unpaid lunch period, between 6A.M. and 6 P.M., five (5) days per week, Mon-day to Friday, inclusive. All other workingtime shall be classed as overtime and paid forat double the rate of single time.

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ARTICLE VIII(A)

Modernization Work

Par. 1. Modernization work is hereby defined asany and all work performed on apparatus enu-merated in Article IV and Article IV(A) in anyexisting or occupied building, to bring equip-ment up to date, including general repairswhich are a part of a modernization job. Instal-lation in existing unused hoistways shall beconsidered construction work unless such in-stallation is part of modernizing an existing ele-vator or an entire group. However, a job whichboth the machine is changed out and the railsare removed or the machine is converted to adifferent type (e.g., hydro to traction, tractionto hydro, traction to traction, drum to traction,drum to hydro, hydro to hydro) and all newrails are installed shall be construction work.An escalator modernization shall be defined asthe replacement of any or all components ex-cept the truss including general repairs whichmay be a part of a modernization job. Any othergeneral repairs and contract service work shallbe excluded from this Article. Modernizationwork shall be exclusively performed by Eleva-tor Constructor Mechanics, Elevator Construc-tor Helpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechanics.

Par. 2. It is agreed the regular working day shallconsist of eight (8) hours worked consecu-

38


tively with an unpaid lunch period, between 6A.M. and 6 P.M., five (5) days per week, Mon-day to Friday, inclusive. All other workingtime shall be classed as overtime and paid forat double the rate of single time.

Par. 2A. Upon written notification to the LocalBusiness Representative, the Company mayestablish hours worked on a job site for a four(4) ten (10) hour day workweek at straighttime pay for modernization work. It is agreedthat the regular working day shall consist often (10) hours worked consecutively with anunpaid lunch period, between 6 A.M. and 6P.M., four (4) days per week, Monday toThursday inclusive or Tuesday to Friday in-clusive. All employees on the jobsite shallwork the same four (4) ten (10) hour dayworkweek schedule. Any work performed ona day other than the days established for thefour (4) ten (10) hour day workweek and be-fore and after the regular working day wherea four (4) ten (10) hour day workweek hasbeen established, will be paid double the rateof single time.

When working in a per diem area, the em-ployee shall receive per diem for all days dur-ing the established four (4) ten (10) hour dayworkweek, Monday to Thursday inclusive orTuesday to Friday inclusive. When working ina per diem area and work continues on thesame job site the following week, the em-

39


ployee shall receive per diem for all days otherthan the days established for the four (4) ten(10) hour day workweek, including Saturdayand Sunday.

It is agreed that when a Holiday is observedon one of the established four (4) ten (10)hour day workweek days and providing theemployee complies with Article VI, Par. 3,he/she will be paid ten (10) hours for that Hol-iday. If the Holiday is observed on any day notpart of the established four (4) ten (10) hourday workweek, the employee will be paideight (8) hours for that Holiday.

Par. 3. Upon notification to the Local BusinessRepresentative or to the Regional Director, ifthe modernization job is outside the jurisdic-tion of a local union, the Company may estab-lish shift work. Shift work shall not be permit-ted except in cases where at least two (2)shifts per day are established for at least five(5) or more consecutive days including Satur-day, Sunday, or Holiday when worked. One ofthe shifts must be the “Day Shift” as defined inPar. 4 below. When special circumstancesexist, such as production or operation needsof the customer, a second and third shift willbe worked without any day shift when theCompany and the Local Business Representa-tive or Regional Director, if the modernizationjob is outside the jurisdiction of the localunion, have mutually agreed that one of the

40


two (2) shifts does not have to be the “DayShift.”

Par. 4. It is agreed that the “Day Shift” shall con-sist of eight (8) hours between 8 A.M. and 4:30P.M., five (5) days per week, Monday throughFriday, inclusive.

Par. 5. The shift following the “Day Shift” shallwork 7-1/2 hours between the hours of 4:30P.M. and 12:30 A.M. and shall receive eight (8)hours pay plus an additional 10% per hour. Theshift preceding the “Day Shift” shall workseven (7) hours between the hours 12:30 A.M.and 8 A.M. and shall receive eight (8) hourspay plus an additional 15% per hour.

Par. 6. Any and all work during hours other thanthe established hours for any one of the threeshifts shall be paid at double the hourly wagerate including any premium rate of the as-signed shift.

(a) When an employee is called in prior tothe regular starting time for his shift or heworks beyond the regular quitting time of hisshift, he shall receive double the hourly wagerate of his assigned shift for all hours in ex-cess of the established hours for his shift.

(b) When an employee is required to workhours that are not continuous with the estab-lished hours for his assigned shift he shall bepaid for such hours at double the hourly wagerate of his assigned shift or double the hourly

41


wage rate of the shift on which such excesshours are performed whichever rate is higher.

(c) When the Company assigns an employeeto a shift the employee shall work that shift aminimum of five (5) consecutive days. How-ever, should the Company reassign an em-ployee to another shift prior to working five(5) consecutive days, or within twenty-four(24) hours of completing a shift, the employeeshall receive the applicable overtime rate ofthe new shift he is assigned to for the first dayonly or the applicable overtime rate of theshift to which he had previously been as-signed, whichever is higher, thereafter the em-ployee shall receive the applicable rates forthe new shift to which he is assigned. An em-ployee who requests a shift reassignment andis reassigned as outlined herein, shall receivethe applicable rates for the new shift to whichhe is assigned at single time only.

(d) When an employee has performed workon another job and he is directed to work on ashift job within twenty-four (24) hours aftercompleting work on the other job, he shall re-ceive the applicable overtime rate of his priorjob or the applicable overtime rate of the shift towhich he is assigned whichever rate is higher.

Par. 7. Any work performed on Saturday, Sun-day, or Holiday shall be paid at double thehourly wage rate of the applicable shift includ-ing any premium rate.

42


Par. 8. In the case of the second and third shiftsand for the purpose of fringe benefit computa-tions, each employee who works a full shiftshall be considered to have worked eight (8)hours.

Par. 9. The working hours set forth in Par. 4 andPar. 5 above may be changed by mutual agree-ment as provided in Article XXVI.

ARTICLE IX

Contract Service

Par. 1. Contract Service is hereby defined as anycontract obtained by the Company for regularexamination or care of apparatus enumeratedin Article IV and Article IV(A) of this Agree-ment and general repairs as indicated in Arti-cle VIII, Par. 2 for a period of not less than one(1) month. Contract Service Work shall be ex-clusively performed by Elevator ConstructorMechanics, Elevator Constructor Helpers, Ele-vator Constructor Apprentices and ElevatorConstructor Assistant Mechanics.

Par. 2. Two (2) Helpers, Apprentices or AssistantMechanics to each three (3) Mechanics may beemployed in contract service work. The Helper,Apprentice or Assistant Mechanic when work-ing with the Mechanic shall perform all workassigned to him by the Mechanic.

43


A 70% Helper, a second year Apprentice,third year Apprentice, fourth year Apprenticeor Assistant Mechanic may work alone underthe general supervision of the Mechanic in hisassigned district provided such Helper or Ap-prentice is met on the first job daily. The re-quirement to meet on the first job daily shallnot apply to the Assistant Mechanic providedthat he/she shall notify the office and the Me-chanic when starting the first job daily. TheHelper, Apprentice or Assistant Mechanic shallnotify the office and the Mechanic when chang-ing jobs and at the completion of the work day.

When working alone the Helper, secondyear Apprentice, third year Apprentice, fourthyear Apprentice or Assistant Mechanic shallperform only oiling, cleaning, greasing, paint-ing, replacing of combplate teeth, relampingand fixture maintenance, the inspection,cleaning and lubrication of hoistway doors,car tops, bottoms, and pits, observing opera-tion of equipment and at no time when work-ing alone shall such a Helper, Apprentice orAssistant Mechanic perform any other workor function normally performed by Mechanics.The word “District” means the regular con-tract service route of the Mechanic or Me-chanics to whom the Helper, Apprentice or As-sistant Mechanic has been assigned that day.

Par. 2A. When the Company obtains a contractthat requires a Mechanic and Helper, Appren-

44


tice or Assistant Mechanic to be on the joband/or in a building at all times during the regu-lar weekly working hours, such Helper, Ap-prentice or Assistant Mechanic shall not beconsidered as part of the two (2) to three (3)agreement mentioned above, provided no Pro-bationary Helpers or Probationary Apprenticesare assigned to such regularly scheduled work.

Par. 2B. Where a Local Office has contract serv-ice work requiring more than two (2) ElevatorConstructor Mechanics full time, the third Ele-vator Constructor employed in that office maybe a Helper, Apprentice or Assistant Me-chanic. A 70% Helper, second year Apprentice,third year Apprentice, fourth year Apprenticeor Assistant Mechanic may work alone underthe general supervision of the Mechanic in hisassigned district provided such Helper or Ap-prentice is met on the first job daily. The re-quirement to meet on the first job daily shallnot apply to the Assistant Mechanic providedthat he/she shall notify the office and the Me-chanic when starting the first job daily. TheHelper, Apprentice or Assistant Mechanicshall notify the Mechanic when changing jobsand at the completion of the workday. Whenworking alone such Helper, second year Ap-prentice, third year Apprentice, fourth yearApprentice or Assistant Mechanic shall per-form only cleaning, oiling, greasing, painting,replacing of combplate teeth, relamping and

45


fixture maintenance, the inspection, cleaningand lubrication of hoistway doors, car tops,bottoms, and pits, observing operation ofequipment and at no time when working aloneshall such a Helper, Apprentice or AssistantMechanic perform any other work or func-tions normally performed by Mechanics. Theword “District” means the regular contractservice route of the Mechanic or Mechanics towhom the Helper, Apprentice or Assistant Me-chanic has been assigned that day. The phrase“Local Office” as mentioned in this paragraphmeans Local Representatives, Resident Me-chanics, etc. performing contract servicework as defined in Par. 1 of this Article, in acity outside the primary of a local union.(Local Representatives, Resident Mechanics,etc., as referred to above, shall be permitted todo one man or as a member of a team, team re-pairs, in accordance with Article VIII, Par. 2),and, as a member of a team, ADA moderniza-tion and unloading of construction material.However, where a local office is locatedwithin a zoned or per diem area of a localunion, the employee(s) assigned to such officeshall be paid expenses in accordance with theLocal Travel and Expense Agreement whenperforming work, as a member of a team,team repairs, ADA modernization and unload-ing of construction materials.Inasmuch as Local Representatives are on-

call for extended periods of time, they shall,

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upon request, receive a minimum of six (6)weekends per year when they are relieved oftheir on-call obligation. These weekends are inaddition to their accrued vacation. The LocalRepresentative must give fourteen (14) calen-dar days notice before each requested week-end off.

Par. 2C. Upon reasonable request of the Inter-national Office of the IUEC, the Companyshall make available to the properly desig-nated International Representative the infor-mation necessary to determine that all em-ployees in a service office are being treatedrelative to wages, hours worked, straight timeand overtime hours paid, Pension and HealthBenefit Plan payments in accordance with theNEBA Agreement.

Par. 3. It is agreed the regular working day shallconsist of eight (8) consecutive work hours,with an unpaid lunch period, between 6 A.M.and 6 P.M., five (5) days per week, Monday toFriday, inclusive. Any Mechanic, Helper, Ap-prentice or Assistant Mechanic assigned regu-lar hours beginning before 8 A.M. or endingafter 5 P.M. shall be so assigned for a five (5)consecutive working day increment. It isagreed that for business reasons of the Com-pany or personal reasons of the affected em-ployee, the Company and the local union maymodify these times.

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It is agreed that in order for call-backs to beanswered in downtown business areas or sim-ilar business areas, the Company may assign aMechanic or Mechanics to remain at a mutu-ally agreed building beyond regularly estab-lished working hours not to extend beyond6:30 P.M. For all such work beyond his regu-larly established working hours the Mechanicor Mechanics shall be paid at the rate of timeand one-half. Should such assigned Mechanicor Mechanics be authorized to continue workon a job when a call-back extends beyond 6:30P.M., the man or men shall receive applicabletravel time and travel expense home. Where apaid or non-paid holiday occurs, Mondaythrough Friday, inclusive, the work performedon Saturday during the week in which any hol-iday occurs shall be time and one-half the sin-gle time rates.

Par. 4. Work performed on Sundays shall beclassed as overtime and paid for at the rate ofdouble time (2x). All other time worked be-fore and after the regular working day or inexcess of eight (8) consecutive work hourswith an unpaid lunch period and on Saturdaysshall be at the rate of time and one-half.

Par. 5. Call-backs on contract service on over-time, except Sundays and holidays, shall bepaid for at the rate of 1.7 times the rate of sin-gle time.

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Par. 6. Call-backs on contract service on Sun-days and holidays shall be paid for at doublethe rate of single time.

Par. 7. On contract service where the Companyhas a contract in one building only or adjacentbuildings, for the examination and care ofenough elevators to warrant keeping a man ormen working continuously for sixteen (16)hours, the Company may establish a shift (s)from 5:00 pm to 12:00 am or 12:00 am to 7:00am. Pay for this work will be eight (8) hour’spay for seven (7) hours worked at the regularrate of pay. Saturday, Sunday, and Holidays areclassed as overtime and paid at the overtimerate. For the sixteen (16) hour calculation theseven (7) hour shift will be counted as an eight(8) hour shift.

Par. 8.(a) Employees engaged in contract service

work agree they will respond to call-backsoutside of their regular work hours. The Com-pany, the local union, and the employees shallmeet and cooperate in establishing a call-backsystem, which will cover such issues as a listof employees available on designated dates torespond to overtime call-backs, the number ofemployees on call-back at any given time, re-placements for vacations and holidays, andtrading of on-call duty. In the event the localunion, the employees, and the Company can-

49


not agree on the establishment of the call-back system, the Company and the IUEC willmeet to establish the system.Travel time from home to job and from job

to home on overtime call-backs (starting afterregular working hours and terminating beforestart of regular working hours) shall be paidfor at the same overtime rate applying to thework. Travel expenses on overtime call-backsshall be paid as agreed in Local ExpenseAgreements.When consecutive overtime call-backs

occur, the employee shall receive the applica-ble overtime rate and travel expenses fromhome to job, from that job to one or moreother jobs and then back home.Men called out before the regular working

hours shall receive the applicable travel timeand travel expense from home to job. (Excep-tion: The Company may call and instruct mento report to any given job at his regular start-ing time on his route in the primary.)When call-backs made during regular work-

ing hours extend into overtime and the em-ployee is authorized to continue work, he shallreceive the applicable travel time and travelexpense home.(b) Employees who are designated to be

available for overtime call-backs pursuant toparagraph (a) above, or who are called out be-fore the regular working hours, or who are oncall-backs that extend into overtime, shall be

50


entitled to and receive such compensation asdescribed below during the period of time thatsuch employees are responding to call-backsoutside of their regular hours of work:The rate of pay for overtime call-backs shall

not be less than 1.7 times the straight time rateof pay.The premium pay described above is made

in lieu of standby pay and in recognition ofthe fact that contract service employees agreeto make themselves available for overtimecalls.(c) It is understood and agreed that em-

ployees who are available to respond toovertime call-backs are waiting to be en-gaged (as defined by the Fair Labor Stan-dards Act) by the Company. Employees whoare waiting to be engaged are free to partici-pate in personal activities; are not requiredto remain at home, at the Company’s prem-ises or any other specified location duringthe period that they are on-call. Employeeswho are “on-call” may leave the location theyhave indicated as the place of their primarycontact. However, such employees will beavailable for callout by either leaving an-other phone number where they can be con-tacted or by carrying on their person a com-munication device such as a pager, cellulartelephone, two-way radio, or other suchcommunication device which enables theCompany to contact them.

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ARTICLE X

Designation of Helper’s, Apprentice’s andAssistant Mechanic’s Work and

Qualifications

Par. 1. It is agreed by the Union that there shallbe no restrictions placed on the character ofwork which a Helper, Apprentice or AssistantMechanic may perform under the direction ofa Mechanic. A Helper, Apprentice or AssistantMechanic certified to weld shall be paid Me-chanic’s rate when performing welding, (ex-cluding tack welding). However, Helpers, Ap-prentices and Assistant Mechanics on contractservice work are subject to the provisions ofArticle IX.

Par. 2. The total number of Helpers, Appren-tices and Assistant Mechanics employed shallnot exceed the number of Mechanics on anyone job, except on jobs where two teams ormore are working, one extra Helper, Appren-tice or Assistant Mechanic may be employedfor the first two teams and an extra Helper,Apprentice or Assistant Mechanic for each ad-ditional three teams.Further, the Companymay use as many Helpers, Apprentices and As-sistant Mechanics as best suits his conven-ience under the direction of a Mechanic inwrecking old plants and in handling and hoist-ing material, and on foundation work. Whenremoving old and installing new cables on ex-

52


isting elevator installations, the Company mayuse two Helpers, Apprentices or Assistant Me-chanics to one Mechanic.

Par. 3. A newly-hired employee without previ-ous mechanical experience shall be classifiedas a Probationary Apprentice and shall workas a probationary employee for a period or pe-riods totaling twelve (12) months within theaggregate period of not more than eighteen(18) months.

The Company and the Union shall have theprivilege of testing the ability of ProbationaryApprentices during this twelve (12) month pe-riod. If they agree that the Apprentice duringthis probationary period does not display suffi-cient aptitude to become a first year Appren-tice he/she shall be discharged at any time dur-ing the probationary period as stated above.

Probationary Apprentices shall advancefrom the fifty (50) percent wage rate to thefirst year Apprentice’s wage rate upon comple-tion of six (6) months in the elevator industryprovided such Probationary Apprentices haveworked a minimum of one hundred (100)hours in each thirty (30) day period during thesix (6) months. The first year Apprentice wagerate shall be effective at the beginning of thenext weekly pay period following completionof the six (6) months.

It is understood that Probationary Appren-tices during the probationary period above set

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out may be discharged or laid off at any timewith or without cause and no reason need beassigned therefore, and no such dischargeshall be construed as a grievance. The proba-tionary period may be worked with more thanone employer provided such employer has alabor contract with the IUEC, and the periodof twelve (12) months probation may cover anaggregate period of not more than eighteen(18) months. A month shall be deemedworked when the Probationary Apprenticecompletes one hundred (100) hours in anythirty (30) day period.

Par. 4. An Apprentice may work as a TemporaryMechanic provided he/she has completed aminimum of his/her first year Apprenticeshiprequirements, and other requirements forTemporary Mechanics prescribed from time totime by NEIEP, and upon agreement of theEmployer and the Union Representative, orRegional Director if he/she works outside thejurisdiction of the Local Union, and at thesame scale as a regular Mechanic. Those se-lected first will be Apprentices who have com-pleted all of their Apprenticeship training andare waiting to take the Mechanic’s Examand/or Assistant Mechanics. Those selectedsecond will be Apprentices who have com-pleted all of their training and failed the Me-chanic’s Exam and are actively participating inthe educational program, they must maintain

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attendance and passing requirements man-dated by NEIEP. Those selected third will befourth year Apprentices and those selectedfourth will be third year Apprentices, followedby finally second year Apprentices and/orHelpers. Employers may select Apprentices,Assistant Mechanics and Helpers in its employto work as Temporary Mechanics under theprovisions of this paragraph if there are noqualified Mechanics available in that Local.Apprentices, Assistant Mechanics and Helpersserving as Temporary Mechanics will be putback to Apprentice, Assistant Mechanic orHelper status when their temporary assign-ment is completed or within fifteen (15) work-ing days of when the Employer is notifiedthere is a qualified Mechanic availablewhichever comes first. The order for puttingback Temporary Mechanics to Apprentice, As-sistant Mechanic or Helper status will be in re-verse order; 1) second year Apprenticesand/or Helpers, 2) third year Apprentices, 3)fourth year Apprentices, and 4) Apprenticeswho have completed all their training andfailed the Mechanic’s Examination and are ac-tively participating in the educational programand finally Apprentices who have completedall of their Apprenticeship training and arewaiting to take the Mechanic’s Exam and/orAssistant Mechanics.In order to administer this procedure,

NEIEP will provide to the Company on a semi-

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annual basis a listing of all the Employer’s eli-gible Apprentices and Helpers and the educa-tion they have completed.It is agreed that the withdrawal of or failure

to issue a Temporary Mechanic’s card will notbe used by the Union to advance its positionwith respect to a dispute unrelated to thisparagraph of Article X.No Apprentice may qualify or be raised to

the capacity of Mechanic until he/she hasworked for a period of three (3) years in the el-evator industry, has successfully completedthe required NEIEP courses, has been certifiedby NEIEP that he/she has completed the nec-essary “on the job” training and has passed aMechanic’s Examination administered by theNEIEP Director’s Office. Such examinationshall only be administered by NEIEP no moreor no less than once every twelve months ineach local. The National Elevator Industry Ed-ucation Program has developed and will peri-odically update a standardized Mechanic’s Ex-amination which will be used in each local. AnApprentice who has successfully passed a Me-chanic’s Examination shall become a Me-chanic no later than sixty (60) days after thedate the examination results are posted on theNEIEP website. Each Employer will be enti-tled to receive the results of its respective em-ployees only. Should he/she fail to qualify,he/she cannot again take the Mechanic’s Ex-amination for a period of one (1) year.

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Par. 5. Employees who enter the Military Serv-ice shall, upon re–employment, be accordedall rights provided by law.

Par. 6. Upon completion of the required class-room education program and mandatory on-the-job training (OJT) hours, all fourth (4th)year Apprentices shall sit for the NEIEP Me-chanic’s Exam. Those who pass the exam areelevated to the status of Mechanic, as referredto in Article X, Par. 4.Those who do not pass the Mechanic’s

Exam, upon completion of the required class-room education program and mandatory on-the-job training (OJT) hours shall continue tobe classified as a fourth year Apprentice solong as they continue to participate in theNEIEP education program and sit for each an-nual Mechanic’s Exam.

Par. 7. There shall be a classification to beknown as “Assistant Mechanic” and Mechan-ics may be employed as Assistant Mechanicsin accordance with Article XXII and the fol-lowing:(a) The wage rate for the Assistant Me-

chanic shall be identical to that of a fourthyear Apprentice.(b) The Mechanic, the Mechanic’s Business

Representative and the Employer signifytheir agreement to employ an Assistant Me-chanic by executing the document attached

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hereto and identified as “Attachment A”. Noother agreement is required nor shall anyother agreement be recognized by the Par-ties; and

(c) When electing Assistant Mechanic sta-tus, the Mechanic agrees that he/she shall notbe eligible to work as a Mechanic for a twelve-month period except as provided herein. TheAgreement may again be renewed at the endof the twelve-month period. An Assistant Me-chanic can be elevated to Mechanic statusduring that 12 month period should his/heremployer offer the Assistant Mechanic a per-manent Mechanic’s position. If the AssistantMechanic chooses to accept such position, thesigned Assistant Mechanic agreement will berendered void and should the Mechanic be-come unemployed he/she cannot enter intoanother agreement until the 12 month time pe-riod of their Assistant Mechanic agreementexpires.

(d) An Assistant Mechanic can become atemporary Mechanic should his/her currentemployer choose to employ the Assistant Me-chanic as a Mechanic for a period not to ex-ceed any ninety (90) day period at the appro-priate Mechanic’s wage rate. Should an assign-ment as Mechanic exceed ninety (90) days,then the Mechanic shall not be eligible to re-turn to Assistant Mechanic status and “Attach-ment A” shall be considered void. An AssistantMechanic can only be considered for a Tempo-

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rary Mechanic position provided there are noavailable Mechanics on the Local’s out ofwork list.

ARTICLE XI

System of Payment

Par. 1. It is agreed that all Mechanics, Helpers,Apprentices and Assistant Mechanics shall bepaid weekly by check, which shall be sent toany address they elect to designate other thanthe Company’s address. Mechanics, Helpers,Apprentices and Assistant Mechanics shall begiven the option to be paid by direct deposit orby direct mail. However, there shall be no obli-gation on the part of any employee or theCompany to participate in the direct de-posit/direct mail program and no discrimina-tion against either one if either should electnot to participate. Once enrolled, an employeein direct deposit/direct mail program mayelect to discontinue enrollment by giving theCompany ten (10) working days written no-tice. Should a change to a time ticket be re-quired, the Company shall notify the Mechanicand/or Helper, Apprentice or Assistant Me-chanic in writing of the reason for suchchange within five (5) working days.

Mechanics, Helpers, Apprentices and Assis-tant Mechanics shall be paid by voucher onthe next regular work day following the em-

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ployee’s regular pay day if the employee doesnot receive his regular pay check.It is further agreed that in those instances

where the Company is consistently unable tocomply with the provisions of this paragraph,the Company shall pay each employee on thejob or at the office on company time by cashor by check.

Par. 2. Elevator Constructors shall receive atthe time of weekly payment, a check stub con-taining the following information:1. Employee’s name and some form of iden-

tification number other than the full social se-curity number.2. Total hours worked-regular and overtime,

accumulative.3. Total wages-weekly and accumulative.4. Federal income taxes withheld.5. FICA taxes withheld.6. Health Benefit Plan & Pension deductions

weekly and accumulative.7. Any other authorized or legitimate deduc-

tions.8. Vacation Pay and PTO-weekly and accu-

mulative in amount of money.9. Annuity contributions-weekly and accu-

mulative in amount of money.10. 401(k) deductions-weekly and accumu-

lative in amount of money.At the time of weekly payment, at the em-

ployee’s request, the Employer shall also pro-

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vide the employee with a document, in writ-ing, reporting the time the employee submit-ted to his Employer for that payment regard-less of whether the employee submitted histime on paper, electronically, or by any othermedium.Should the Company’s payroll and/or ac-

counting department experience a short workweek due to a holiday or any other reason, theCompany shall make any special arrange-ments necessary to insure employees receiv-ing pay on schedule.

Par. 3. The Employer agrees to deduct from anemployee’s wages, for each hour of work per-formed, the sum indicated on a voluntarycheck-off authorization card signed by thatemployee, as a voluntary contribution toNECPAC, the Union’s political action fund.The amount shall be remitted by the Em-ployer to the Union’s political action fund nolater than the 15th day of the month after themonth the funds have been collected andshall be accompanied by a list of names ofthose employees for whom such deductionshave been made and the amount deducted foreach such employee. An employee may can-cel his check-off authorization in writing tothe Union and the Employer at any time, andthe deduction will be stopped no later than 21days from the date of the close of the nextpayroll period.

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ARTICLE XII

Vacations and Paid Time Off

Par. 1. The following plan is established for Va-cation Pay and Paid Time Off : Vacation Payshall accrue and be paid in accord with theprovisions of this Article but shall also be usedas Paid Time Off (“PTO”) and to satisfy paidleave laws, to the extent and in the mannerpermitted by said laws. Where any paid leavelaw or other governing law requires the em-ployer to pay fringe benefits in accord withsaid law, the Company shall pay in addition tothe Vacation Pay and PTO under this Articlethe fringe contributions required by thisAgreement to the Funds for such hours of paidleave required by said law. The fringe contri-butions shall not be paid from an employee’saccrued Vacation Pay and PTO.

(a) An employee who has worked less thanfive (5) years in the business shall receive Vaca-tion Pay and PTO credit on the basis of 6% of hisregular hourly rate for all hours actually worked.An employee who has worked more than five (5)years in the business shall receive Vacation Payand PTO credit on the basis of 8% of his regularhourly rate for all hours actually worked.

Vacation Pay and PTO shall begin to accrueon the first day of employment.

(b) Unless prohibited by a paid leave law, andexcept as provided in Par. 1. (q) of this Article,

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the Vacation Pay and PTO accrued from January1 of one year through June 30 of the same yearshall be paid in full to the employee by July 15 ofthat year. The Vacation Pay and PTO accruedfrom July 1 of one year through December 31 ofthe same year shall be paid in full to the em-ployee by January 15 of the succeeding year.

(c) An employee with less than five (5)years in the business who works 1750 hours ormore but less than 2000 hours in any vacationand PTO year shall receive at least 120 hoursof Vacation Pay and PTO. An employee withmore than five (5) years in the business whoworks 1750 hours or more but less than 2000hours in any vacation and PTO year shall re-ceive at least 160 hours of Vacation Pay andPTO. The vacation and PTO year shall runfrom January l through December 31.

(d) Unless prohibited by a paid leave law, anemployee with less than five (5) years of serv-ice must take all accumulated Vacation Payand PTO up to fifteen (15) days in a calendaryear. An employee with more than five (5)years of service must take all accumulated Va-cation Pay and PTO, up to twenty (20) days ina calendar year.

(e) An employee shall have the option oftaking any additional vacation and PTO ac-crued in excess of the amount stated underParagraph 1. (d) above provided he has ob-tained prior approval from the Company or aspermitted by any paid leave law.

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(f) It is understood and agreed that workconditions must be taken into considerationwhen vacations are arranged. Time off for va-cation shall be taken as a full complete periodwhenever possible. PTO for other purposesmay be taken in hourly or daily increments.Employees shall provide prior notice to theCompany whenever possible.(g) Vacation Pay and PTO accrued will

change from 6% to 8% on the first payroll pe-riod after the first month following comple-tion of five (5) years in the business. Thesefive (5) years include the six (6) months pro-bationary period.(h) The local union shall furnish the Com-

pany, on request, dates that Elevator Con-structor Mechanics, Elevator ConstructorHelpers, Elevator Constructor Apprenticesand Elevator Constructor Assistant Mechan-ics were first employed in the elevator indus-try.(i) When an employee leaves the Company,

the employee’s accrued Vacation Pay and PTOas of the date of separation from the Com-pany, shall be paid out by separate check,along with a final check on the following paydate for all hours worked.(j) When an employee retires from the in-

dustry, the Company shall pay any VacationPay and PTO he is owed within thirty (30)days after his retirement provided he notifiesthe Company in advance and in writing.

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(k) Where vacations and PTO interfere bytemporarily breaking up a team, the Companyshall have the right to place the extra em-ployee to the Company’s advantage. Seriousinterference shall be taken up with the Busi-ness Representative.(l) Time spent outside the industry, whether

or not a member of the local union, shall notcount toward vacation and PTO eligibility sta-tus. An employee with at least one (1) year’sservice in the industry who takes time off forservice in the Armed Services shall have suchservice time counted toward his vacation andPTO eligibility status upon return to the indus-try.(m) Hours worked for the Company by a

member of a local union, while outside of thejurisdiction of that local, shall count for Vaca-tion Pay and PTO.(n) Hours paid as holiday pay, Vacation Pay

and PTO, or traveling time outside of the regu-lar working hours are not to be counted ashours worked when computing Vacation Payand PTO (Exception: traveling time on over-time call-backs, whether emergency mainte-nance or emergency repair work, shall becounted as hours worked when computing Va-cation Pay and PTO).(o) At the time Vacation Pay and PTO is

paid, Federal and State taxes shall be withheldon the basis of the number of weeks of vaca-tion and PTO or portion of a week of vacation

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and PTO the accrued Vacation Pay and PTOrepresents. The intent of this provision is thattaxes will be withheld at weekly rates ratherthan the higher rates for a lump sum paymentof Vacation Pay and PTO.(p) Notwithstanding any prior interpreta-

tions or awards to the contrary, vacation andPTO can be used for any reason, including anyreason set forth in any applicable present orfuture paid leave laws. The Company shalltake no action that discourages or penalizesan employee’s exercise of his right to take va-cation and PTO.(q) Notwithstanding Par. 1(b), accrued Vaca-

tion Pay and PTO shall be paid at the time it isused, at the request of the employee or re-quired by a paid leave law.(r) The provisions of any and all paid leave

laws are expressly waived by the parties tothis Agreement, to the extent permitted bysuch laws. Additionally, should any other mu-nicipality, county, state or other governmentalagency adopt a law or regulation providing forpaid leave for employees of employers signa-tory to a collective-bargaining agreement be-tween NEBA and the IUEC and such law orregulation permits the parties to elect a waiverof such paid leave, the parties agree that allsuch waivers are adopted and incorporatedherein, to the extent permitted by law.(s) For those jurisdictions that do not pro-

vide for a waiver of the paid leave law’s re-

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quirements, the parties to this Agreement ac-knowledge and agree that to the extent al-lowed by applicable law, the preceding provi-sions shall satisfy, and shall be construed tosatisfy, the requirements of any and all laws orregulations requiring employers to providepaid leave to eligible employees. A Companymay modify its procedures for implementingthe preceding provisions to comply with anyexisting laws and new laws enacted during thelife of this Agreement, upon prior notificationto the Union and provided further that the ben-efits provided in the Article cannot be reduced.

ARTICLE XIII

Traveling Time and Expenses

Par. 1. When Elevator Constructors are sentoutside the primary jurisdiction, but withinthe zoned area of the secondary, travel timeand travel expense shall be paid in accordancewith the Local Expense Agreement.When Elevator Constructors are sent be-

yond the zoned area of the secondary jurisdic-tion or outside the secondary jurisdiction alltravel time during the regular established workhours, Monday through Friday, inclusive, shallbe paid at single time rates. Likewise, all traveltime before and after the regular establishedwork hours, Monday through Friday, inclusive,shall be paid at time and one-half rates. Fur-

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ther, all travel time on Saturdays, Sundays andHolidays shall be paid at time and one-halfrates (as agreed to in Article IX, Contract Serv-ice, travel time on overtime call-backs is ex-cepted from the above). Expenses incurred ontrip to be paid by the Company in accordancewith the Local Expense Agreement.Employees operating vehicles provided by

the Company shall not be entitled to paymentof wages or commuting expenses for timespent driving before or after the regular work-ing hours from the employee’s home to thefirst job site of the regular workday or drivingfrom the last job site of the regular work dayto the employee’s home. (Note: Employeesshall be reimbursed for any tolls in excess ofthe toll charge for passenger vehicles). This isnot intended to circumvent expenses or traveltime paid pursuant to Art. IX or Art. XIIIand/or a Local Travel and Expense Agreementor established local practice.

Par. 2. Local Unions and NEBA Representativesare requested to establish zones within thesecondary jurisdiction and traveling time andtraveling expense allowances for each zone,consistent with existing arrangements.

Par. 3. When the Local Union and the NEBARepresentative are unable to resolve differ-ences regarding local travel time and travelexpense agreements and presently recognized

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primary and secondary jurisdiction, eitherparty may request the General President,IUEC and the NEBA Executive Director tostudy the dispute. The General President,IUEC and the NEBA Executive Director, ortheir designees, shall entertain the request,and after investigation and study, are author-ized to make recommendations to the LocalUnion and the NEBA Representative.The General President, IUEC and the NEBA

Executive Director, or their designees, mayissue guidelines that the Local Union and theNEBA Representative may utilize in negotiatingchanges to and resolving disputes over localtravel time and travel expense agreements.All parties shall continue to work under the

existing local travel time and local travel ex-pense agreement for thirty (30) days from thedate that NEBA and the IUEC are notified thatthe parties have reached an impasse. The Gen-eral President, IUEC and the NEBA ExecutiveDirector, or their designees, may at their dis-cretion extend the present Agreement for oneadditional thirty (30) day period.

ARTICLE XIV

Strikes and Lockouts

Par. 1. It is agreed by both parties to this Agree-ment that so long as the provisions herein con-

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tained are conformed to, no strikes or lock-outs shall be ordered against either party. It isunderstood that this Paragraph shall be ap-plied and construed consistent with the provi-sions of Article IV, Par. 11 concerning Griev-ance and Arbitration procedure.

Par. 2. No strike will be called against the Com-pany by the Union unless the strike is ap-proved by the International Office of the Inter-national Union of Elevator Constructors. Suf-ficient notice shall be given to the Companybefore a strike shall become effective. Exceptin the case of Contract Service Work as speci-fied in Article IX of this Agreement, work stop-pages brought about by lawful picketing orstrikes by building trades local unions affili-ated with Building Trades Councils shall notconstitute a strike within the meaning of thisArticle.

Par. 3. In the event of a strike, work stoppage orlockout affecting Mechanics, Helpers, Appren-tices and Assistant Mechanics on New Con-struction or Repair Work, men working onContract Service shall not be affected by suchstrike, work stoppage or lockout, and theUnion will supply competent men to the Com-pany to do all work covered under Contractservice whether such men are continuouslyemployed in this work or not prior to thestrike, work stoppage or lockout.

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ARTICLE XV

Arbitration

Par. 1. Any difference or dispute regarding theapplication and construction of this Agree-ment, shall be referred to as a “grievance” andshall be resolved under the following proce-dure. Both parties commit to making anearnest effort to resolve differences in accor-dance with the procedure outlined below:

Par. 2. Oral Step. Any employee, local union, orthe Employer with a grievance (hereinaftercalled the “grievant”), shall discuss the griev-ance with the designated Employer Represen-tative (or Local Union Business Representa-tive) within ten (10) working days after thecause of the grievance is known or should rea-sonably have been known. The Employer shalldesignate to each local union the Employer’sRepresentative(s) for the purpose of respond-ing to grievances at this step. If the grievanceis initiated by an employee, the Local BusinessRepresentative shall be present during the dis-cussion.Within three (3) working days after the

above discussion, the Employer’s Representa-tive shall notify the employee and the LocalUnion Business Representative of his disposi-tion of the matter.The Local Business Representative shall

similarly respond to the Employer’s grievance.

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Par. 3. Written Step One. If the issue remains un-resolved after the conclusion of the Oral Step,the grievant, within ten (10) working days ofthe conclusion of the Oral Step, may submit inwriting on provided forms a brief statement ofthe grievance, including the Article and para-graph of the Agreement allegedly violated (ifknown), and the remedy requested.Within fifteen (15) working days after the

written grievance is received by the Employer(or the Union), a meeting will be held to dis-cuss the grievance. The Employer shall be rep-resented by the Regional Field Manager, FieldEmployee Relations or his designee and thedesignated Employer Representative de-scribed in Par. 2. The union shall be repre-sented by the IUEC Regional Director or otherRepresentative designated by the GeneralPresident and the Local Business Representa-tive described in Par. 2.At the meeting (or any continuation thereof

agreed to by the parties), the Employer (or theUnion) shall give its written answer to thegrievance on the provided form. Within ten(10) working days of that disposition, the Em-ployer or the Union shall indicate on the griev-ance form whether it appeals therefrom. If thegrievance disposition is not appealed, it shallbe final and binding on all parties.

Par. 4. Written Step Two. If the grievance is ap-pealed it shall be placed on the agenda of a

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scheduled meeting of the National Arbitra-tion Committee. The Employer shall be rep-resented by the NEBA Executive Director orhis designee and a panel of two (2) additionalEmployer Representatives. The Union shallbe represented by the General President orhis designee and two (2) additional represen-tatives. The General President of the IUEC(or his designee) and the NEBA Executive Di-rector (or the Company’s Director of LaborRelations), may mutually agree that a griev-ance that has been appealed from writtenstep one proceed directly to Impartial Arbi-tration.The National Arbitration Committee shall

meet once per calendar quarter. Each partyshall submit an agenda not less than seven (7)working days prior to the meeting.The NEBA Executive Director or his de-

signee (or the General President, IUEC or hisdesignee) shall render a disposition of thegrievance in writing at the National Arbitra-tion Committee Meeting. If the grievance dis-position is accepted, it shall be final and bind-ing on all parties.

Par. 5. Impartial Arbitration. If the grievance isnot settled by the National Arbitration Com-mittee, the Union or the Employer, within fif-teen (15) working days of the Employer’s orUnion’s disposition as outlined in Par. 4, mayappeal the grievance to impartial arbitration.

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Such appeal shall take the form of a letter tothe NEBA Executive Director or the GeneralPresident, IUEC.

Par. 6. (a) The parties shall mutually agreeupon the selection of an impartial arbitrator.If, within fifteen (15) days, the parties are un-able to agree on the person to be selected asarbitrator, the parties shall jointly request tosubmit the matter to arbitration conducted inaccordance with the Labor Arbitration Rulesand Procedures of the American ArbitrationAssociation and by an arbitrator who is amember of the National Academy of Arbitra-tors.The arbitrator shall render his decision im-

mediately upon the close of the record if theparties mutually agree otherwise the decisionshall be rendered within thirty (30) days of theclose of the record or the receipt of the briefsif the parties desire to file briefs. In an arbitra-tion, either party may rely upon Articles in theAgreement other than those set forth in theoriginal grievance form. The decision of theimpartial arbitrator shall be final and bindingon all parties.(b) NEBA and the Union agree to the follow-

ing program for Impartial Arbitration of griev-ances on a test basis. Either party may termi-nate the program upon ninety (90) days’ writ-ten notification to the other at any time afterJuly 8, 2014: There shall be a mutually agreed

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upon designated panel of twelve (12) perma-nent arbitrators selected from arbitrators whohave been mutually selected by both parties atleast two (2) times in the last ten (10) years.Each Arbitrator selected for the panel will beprovided in advance of the hearings, a writtendescription of the industry collective bargain-ing history and setting, mutually agreed uponby the parties. Each party at its sole discretionmay within the life of this agreement dis-charge one (1) permanent Arbitrator fromhearing any further cases with 90 days’ noticeto the other party.For grievances filed under this Agreement,

NEBA and the IUEC agree that the secondWednesday and Thursday of each month willbe reserved for an arbitration hearing. An arbi-trator from the panel will be scheduled for thenext available second Wednesday and Thurs-day that are acceptable to the arbitrator. Alter-natively, the parties may mutually agree on adate for arbitration. If more than one griev-ance is to be scheduled, the grievance with theearliest filing date will be scheduled first. Nogrievance will be scheduled for arbitrationwith less than ninety (90) days’ notice to theparties. The arbitrator will retain ultimate au-thority to schedule, postpone or continue ahearing.

Par. 7. It is understood that the arbitrator doesnot have the authority to add to, subtract from

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or modify in any way the provisions of thisAgreement.

Par. 8. Grievances of the Union or the Employershall originate at Written Step Two by submis-sion to the NEBA Executive Director (or theGeneral President, IUEC). The grievance of anIUEC Regional Director shall be filed andprocessed beginning at Written Step One ofthe procedure.

Par. 9. Discharge Grievances Expedited Impar-tial Arbitration. Recognizing the special natureof cases involving the discharge of an em-ployee, the parties agree that such case(s)shall be handled under the following proce-dure:(a) Any discharge grievance not resolved at

the Written Step One meeting may immedi-ately be referred by either party to the NEBAExecutive Director or his designee and theGeneral President of the Union or his designeefor their immediate review and discussion.Such grievance need not wait to be placed onthe agenda of the scheduled National Arbitra-tion Committee, but rather shall be discussed,either in person or by telephone, by the partieswithin ten (10) working days of the referralfrom Written Step One. The parties shall makean earnest effort to resolve their differences atthis meeting, but failing such agreement, ei-ther party may request immediate, expeditedimpartial arbitration.

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(b) Within ten (10) working days of a re-quest for impartial arbitration by either party,the parties shall mutually agree upon the se-lection of an impartial arbitrator who shall beobliged to schedule a hearing at the earliestpossible available date on his/her schedulewhere both parties are available to presenttheir respective cases. The arbitrator shallhear the case. If the parties cannot agree onan arbitrator they will use the selection pro-cedure in Par. 6 (b) (or Par. 6 (a), if Par. 6 (b)is no longer in effect). Post hearing briefsmust be submitted within two (2) weeks ofthe conclusion of the hearing. The arbitratorshall render the award within two (2) weeksof the submission of briefs. Post hearingbriefs may be waived by mutual agreement ofthe parties.

Par. 10. Compensation and expenses of the ar-bitrator shall be shared equally between theEmployer and the Union.

Par. 11. Any of the time limits contained hereinmay be mutually extended by the representa-tives of the parties. Failure to appeal the griev-ance within the time limits described abovewithout mutual agreement shall be consideredan abandonment of the grievance. If a griev-ance is not dispositioned within the abovetime limits, it shall be immediately processedto the next step of the procedure.

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ARTICLE XVI

Jurisdictional Territory

Par. 1. The primary jurisdiction of any localunion shall include only that territory in whichits members will agree to travel on their owntime.The secondary jurisdiction shall include the

balance of the territory now within the juris-diction of the local union.

Par. 2. Any change to the present jurisdiction ofa local must be approved by the InternationalUnion of Elevator Constructors and the NEBAExecutive Director before becoming effective.

Par. 3. The primary jurisdiction of Local No.of the City of , rela-

tive to the wage scale and working conditionsshall include the following territory:

The secondary jurisdiction of Local No.of the City of , rela-

tive to working conditions shall include thefollowing territory:

Par. 4. The parties agree that they meet annuallyand by mutual agreement more often, if neces-sary to discuss jurisdictional issues. The par-ties agree to fairly act upon justifiable writtenrequests by Local Unions for extensions of ex-

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isting jurisdictions. The Company and theIUEC shall advise a Local Union within sixty(60) days after the meeting at which the re-quest is considered, of its disposition of the re-quest.When opening a Local Office the following

steps shall be followed:1. The Company shall notify the Local Busi-

ness Manager/Representative when opening anew “Local Office” in a Local Union’s second-ary jurisdiction or open territory.2. The Company shall bargain with the Local

Business Manager/Representative or Interna-tional when considering the assignment of abargaining unit employee to a Local Office. Nobargaining unit employee will negotiate di-rectly with the Company.3. The Company agrees to make forty (40)

hours per week available to the first employeeassigned to a Local Office. As each additionalemployee is assigned to such office thereafter,the Company agrees to make not less thanthirty-two (32) hours of work available to themost recent addition and forty (40) hours perweek available to all but the last employee soassigned.4. Local Office employees will perform work

per Article IX, Par. 1 and Article IX, Par. 2B.5. Local Office employees shall not perform

work in the primary of a local union unlessmutually agreed to by the Company and theLocal Business Manager/Representative.

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6. Local Office Employees shall performtheir work in accordance with the NEBA Na-tional Agreement at all times.

ARTICLE XVII

Health Benefit Plan

Par. 1. The Health Benefit Plan covering life in-surance, sickness and accident benefits, andhospitalization insurance, or any changesthereto that are in accordance with the Na-tional Elevator Industry Health Benefit Planand Declaration of Trust, shall be a part of thisAgreement and adopted by all parties signa-tory thereto.

Par. 2. The Health Benefit Plan shall be financedby mutual contribution, of Employers and Ele-vator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics as pro-vided herein. The Employer agrees to con-tinue to pay and contribute fifteen dollars andtwenty seven and one-half cents ($15.275) foreach hour of work performed by all ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics in its employ. The fif-teen dollars and twenty seven and one-halfcents ($15.275) hourly contribution rate shallincrease upon every anniversary of the wagerate change of each Local Union, in accor-

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dance with the following (except as modifiedpursuant to Article V, Par. 3):

HourlyAmount of Contribution

Effective Date Increase Rate

January 1, 2018 $0.15 $15.425

January 1, 2019 $0.15 $15.575

January 1, 2020 $0.15 $15.725

January 1, 2021 $0.15 $15.875

January 1, 2022 $0.15 $16.025

Each Elevator Constructor Mechanic,Helper, Apprentice and Assistant Mechanicshall continue to contribute three and one-halfcents ($.035) per hour. Payments of said con-tributions by the Employer and Elevator Con-structor Mechanics, Helpers, Apprentices andAssistant Mechanics shall be in accordancewith the National Elevator Industry HealthBenefit Plan and Declaration of Trust.

Par. 3. It is understood and agreed that the con-tributions provided for in Par. 2 shall be usedby the Trustees to maintain the plan of bene-fits provided by the Health Benefit Plan to theextent that it is feasible to do so on a sound fi-nancial basis without any change in saidhourly contribution rates during the term ofthis Agreement (except as modified by ArticleV, Par. 3).

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Par. 4. It is understood and agreed that the deci-sion(s) to increase or decrease the benefitsprovided by the Health Benefit Plan are mat-ters committed to the discretion of theTrustees, except that the Trustees should notmake any change in the plan of benefits whichwould result in the need for an increase in thecontribution rates set forth in Par. 2. It is fur-ther understood and agreed, that the Actuaryof the Health Benefit Plan shall continuouslymonitor the financial condition of the HealthBenefit Plan and shall promptly advise theTrustees whenever in the opinion of the Actu-ary, it is necessary for the Trustees to modifybenefits provided by the Health Benefit Planin order to maintain the Health Benefit Plan insound financial condition without any in-crease in the hourly contribution rates setforth in Par. 2. The Actuary shall report to theTrustees with respect to such matters at leastonce each year as soon as is feasible after thefinancial and actuarial information for theHealth Benefit Plan as of the end of the planyear is available. Nothing in this Par. 4 shalllimit the Union’s authority under Article V. Par.3.

Par. 5. In no event shall a contribution rate ofthe Company exceed the lowest contributionrate paid by any other contributor to theHealth Benefit Plan for the type of work cov-ered by this Agreement.

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ARTICLE XVIII

Pension Plan

Par. 1. The National Elevator Industry, Inc., andthe International Union of Elevator Construc-tors shall continue the Pension Trust Fundknown as the “National Elevator Industry Pen-sion Plan,” which is administered by a boardof ten (10) Trustees, five (5) appointed by theNational Elevator Industry, Inc., and five (5)appointed by the International Union of Eleva-tor Constructors. The Board of Trustees haveadopted a Declaration of Trust and Plan ofPension Benefits which shall be a part of thisAgreement and binding on all parties signa-tory to this Agreement. The normal retirementage of the Pension Plan is sixty-five (65) yearsof age.

Par. 2. The Plan of Pension Benefits shall be fi-nanced by contributions as provided herein.The Company agrees to continue to pay andcontribute nine dollars and forty six cents($9.46) cents for each hour of work performedby all Elevator Constructor Mechanics,Helpers, Apprentices and Assistant Mechanicsin its employ. The nine dollars and forty sixcents ($9.46) hourly contribution shall in-crease upon every anniversary of the wagerate change of each Local Union, in accor-dance with the following (except as modifiedpursuant to Article V, Par. 3):

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January 1, 2018 $0.25 $9.71

January 1, 2019 $0.25 $9.96

January 1, 2020 $0.25 $10.21

January 1, 2021 $0.25 $10.46

January 1, 2022 $0.25 $10.71

Payments of said contributions by the Com-pany shall be in accordance with the terms ofthe Declaration of Trust adopted by the Boardof Trustees. However, in no event shall contri-butions by the Company exceed the lowestcontribution paid by any employer contributorto the Pension Plan for the type of work cov-ered by this Agreement performed in the samegeographical jurisdiction of a given local.

Par. 3. Under the terms of this Agreement, in-cluding the agreed-upon contribution rate tothe Pension Plan, it is the understanding andintention of the parties that the Trustees of thePlan, in fulfilling their duties as Trustees, willoperate and administer the Pension Plan in asound fiscal manner and in accordance withthe Agreement and Declaration of Trust. It isthe intention of the parties that the Trusteeswill annually review the applicable benefitrates of the Plan, and following such review,may increase the benefit rate to a level such

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that the funding period will be fifteen (15)years or less, so that neither withdrawal liabil-ity nor an unfunded vested liability will be cre-ated and so that the Plan will remain comfort-ably in the “green zone” under the rules of thePension Protection Act of 2006, that is, thePlan will stay outside of “endangered” and“critical” status as defined by the Pension Pro-tection Act. Each year, as soon as feasibleafter the financial and actuarial informationfor the Plan as of the last day of the prior PlanYear is available, the Plan actuary shall advisethe Trustees with respect to the funding of thePlan, taking into account the criteria set forthin this paragraph.

ARTICLE XVIII(A)

401 (k) Annuity

The National Elevator Industry 401(k) Retire-ment Plan shall have a provision added to enablethe Plan to accept annuity contributions andshall be known as the Elevator Constructors An-nuity and 401(k) Plan.The Plan shall be administered by a board of ten

(10) Trustees; five (5) appointed by the Interna-tional Union of Elevator Constructors and five (5)appointed by the National Elevator Industry, Inc.The Board of Trustees shall adopt a Declara-

tion of Trust and Plan of Benefits which shall be

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part of this Agreement and binding on all partiessignatory to this Agreement.The annuity benefits shall be funded by Em-

ployer contributions as follows (except as modi-fied pursuant to Article V, Par. 3):



January 1, 2018 $0.65 $6.90

January 1, 2019 $0.65 $7.55

January 1, 2020 $0.65 $8.20

January 1, 2021 $0.65 $8.85

January 1, 2022 $0.65 $9.50

ARTICLE XIX

Educational Fund

Par. 1. The National Elevator Industry, Inc., andthe International Union of Elevator Construc-tors have established an Education Trust Fundadministered by a joint board of trustees. TheEducational Trust Fund known as the “Na-tional Elevator Industry Education Program”shall provide an Apprenticeship program forthe education and training of Apprentices aswell as a continuing education program for El-evator Constructor Mechanics. Such Fund has

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been established pursuant to and in compli-ance with the provisions of Section 302 of theLabor-Management Relations Act, as amended.

Par. 2. The Apprenticeship program called forherein shall be for a period of four (4) years andshall in all respects conform to the regulations ofthe United States Department of Labor and/orapplicable state Apprenticeship councils govern-ing registered Apprenticeship programs. Thepattern standards for the Apprenticeship pro-gram are set forth in the National Guidelines forApprenticeship Standards and are incorporatedherein. Through coordination with the Directorof the National Elevator Industry Education Pro-gram, local committees consisting of representa-tives of employers signatory to this agreementand IUEC Local Unions, shall prepare and sub-mit for approval to the applicable state Appren-ticeship councils such documents as may benecessary to secure registration of the Appren-ticeship program called for herein. Upon the ap-proval of the parties hereto, such committeesmay alter the program of Apprenticeship setforth in the National Guidelines for Apprentice-ship Standards if in their opinion such alter-ations are called for by applicable state law.

Par. 3. The Board of Trustees of the EducationTrust Fund shall have full authority and dis-cretion to adopt Agreements and Declarationsof Trust and educational and training pro-

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grams which shall become a part of thisAgreement and binding on all parties to theAgreement. Individuals, Companies and LocalUnions may appeal decisions of a Local JointApprenticeship Committee to the Board ofTrustees of the Educational Trust Fund whichmay review, modify or set aside such decisionand order relief as appropriate. This provisionof this Article shall be effective to the extentpermitted by applicable law.

Par. 4. The National Elevator Industry Educa-tion Program shall be financed by contribu-tions by Employers as provided. Upon the ef-fective date of this Agreement the Companyagrees to continue to pay and contribute tosuch Fund sixty cents ($.60) per hour for eachhour of work performed by all Elevator Con-structor Mechanics, Helpers, Apprentices andAssistant Mechanics. The amount of the Com-pany contribution will be as follows (exceptas modified by Article V, Par. 3):



January 1, 2018 $0.01 $0.61

January 1, 2019 $0.01 $0.62

January 1, 2020 $0.01 $0.63

January 1, 2021 $0.01 $0.64

January 1, 2022 $0.01 $0.65

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Payment of said contributions shall be in ac-cordance with the terms of the Declaration ofTrust adopted by the Board of Trustees. How-ever, in no event shall contributions by theCompany exceed the lowest contribution paidby any employer contributor to the Fund.

Par. 5. It is understood and agreed that if priorto any calendar year the Trustees shall advisethe IUEC and NEBA that the amount of thecontributions set forth in Par. 4. above are pro-viding more than sufficient funds to financeand maintain the existing education program,then the IUEC and NEBA shall meet to discussand agree upon whether the amount of theCompanies’ contributions to the EducationPlan should be reduced and the wage rate ofElevator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics increasedby the amount of any agreed upon reduction.It is also understood and agreed that if at

any time the Trustees of the Education Planshall advise the IUEC and NEBA that the Edu-cation Plan does not have sufficient funds tomaintain the existing education program, thenthe IUEC and NEBA shall meet to discuss andagree upon whether the amount of the Compa-nies’ contributions to the Education Plan shallbe increased. In no event shall the Companies’contribution exceed the lowest contributionpaid by any employer contributor to the Edu-cation Plan.

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ARTICLE XX

Elevator Industry Work Preservation Fund

Par. 1. The Elevator Industry Work PreservationFund shall be funded by a contribution ofthirty cents ($0.30) per hour and continuedeach year thereafter for each hour of workperformed by each employee covered by thisAgreement to the Elevator Industry WorkPreservation Fund (except as modified by Ar-ticle V, Par. 3). The amount of the Companycontribution will be as follows (except asmodified by Article V, Par. 3):



January 1, 2018 $0.06 $0.36

January 1, 2019 $0.06 $0.42

January 1, 2020 $0.06 $0.48

January 1, 2021 $0.06 $0.54

January 1, 2022 $0.06 $0.60

Except for the transfer of contributions de-scribed in Section 5 below, the monies of theFund shall be at all times segregated fromother Union or Employer assets, and shall notbe used or controlled by the Union or Employ-ers party to this Agreement, but shall be ad-ministered solely by the Trustees and its duly

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authorized representatives for the purposespermitted.

Par. 2. The Fund shall be governed by a writtenTrust Agreement and administered by a Boardof Trustees, in accordance with, and so pro-vided in, the governing documents of the Fundand subsequent amendments thereto.

Par. 3. The assets of the Fund shall be used forany purpose authorized by Section 6(b) of theLabor-Management Cooperation Act of 1978and Section 302(c)(9) of the Taft Hartley Act,29 U.S.C. Section 186(c)(9). The Fund shallnot be used for any other purpose, including apurpose which is inconsistent with the provi-sions of this Agreement, or used for the pur-pose of funding any lobbying effort or partici-pation in any litigation, or administrative pro-ceeding in which the Fund is seeking or sup-porting a result which is contrary to the inter-ests of any Employer signatory to this Agree-ment, or used in connection with an organiza-tional campaign to organize any employees ofan Employer which is bound by the terms ofthis Agreement in a job classification otherthan the classifications of Elevator Construc-tor Mechanic, Elevator Constructor Helper,Elevator Constructor Apprentice and ElevatorConstructor Assistant Mechanic.

Par. 4. No Employer signatory to this Agree-ment shall be obligated to provide information

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to the Union or to the Fund with respect toany matter which the Fund may be reviewingor pursuing or otherwise related to the activi-ties of the Fund, nor shall any Employer signa-tory to this Agreement be obligated to partici-pate in any of the activities of the Fund in anyother manner. The Trustees of the Fund shallnot take any action which directly or indi-rectly changes any of the Articles or intent ofthis Agreement, nor shall any provision of thisArticle be construed to change the meaning orintent of any other Article of this Agreement.

Par. 5. Contributions to the Elevator IndustryWork Preservation Fund will be reported onand transferred on a monthly basis using theMonthly Remittance Report to the National El-evator Industry Benefit Funds (NEIBF), whichwill in turn segregate and deposit the contri-butions to the Work Preservation Fund in thatFund’s separate account.

ARTICLE XXI

Payment for Lost or Stolen Tools

Par. 1. The Company agrees that they shouldmake every effort to provide a reasonably safeplace for tools and likewise the employeeshall make every effort to protect not only hisown tools but also to protect the Companytools. The Company and the local union agree

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to jointly reimburse Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and ElevatorConstructor Assistant Mechanics for tools loston the job or stolen while in transit or stolenfrom any vehicle being used by the employeeon the following basis:a) Up to a maximum claim of $200, the Com-

pany will pay 75% and the local union will pay25%.b) On claims of more than $200, the local

union will pay $50 with the remainder, up to amaximum of $900, paid by the Company.Alternatively, the Company may elect to list

those tools which its employees are requiredto utilize. In that event the Company shall notbe required to reimburse its employees forother than those tools it shall require.Actual receipts for replacement tools must

be submitted, in either case, to the local unionand the Company by the Employee claimingthe loss before reimbursement can be author-ized. The local union and the Company re-serve the right to inspect replacement tools.

ARTICLE XXI (A)

Metric Tools

When and if the Company requires the use ofmetric tools by an employee in the course of his

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employment, the Company agrees, upon receiptfrom the employee, to reimburse the employeefor all tools required or to provide such tools, atthe Company’s option.

ARTICLE XXII

Hiring, Layoffs and Transfers

Par. 1. In the interest of maintaining an efficientsystem of production in the industry, provid-ing for an orderly procedure of employment ofapplicants and of preventing discriminationbecause of age, citizenship, disability, race,color, creed, sex, religion or national origin,the parties hereto agree to the following sys-tem of employment:

(a) The Union shall establish, maintain andkeep current an open list for the employmentof workmen qualified to perform the duties re-quired. Such list shall be established, main-tained and kept current on a nondiscrimina-tory basis and shall not be based on or in anyway affected by Union membership, Union By-Laws, regulations or constitutional provisionsor any other aspect or obligation of Unionmembership, policies or requirements. Theopen employment list shall be kept currentand produced to each company’s local officeon a weekly basis or immediately upon re-quest, by electronic means (i.e. fax or e-mail).

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The open employment list must include thenames, classification and home primary orsubprimary. An employee who does not meetthe requirements set forth in the SubstanceAbuse Program will be deemed unqualifiedand not placed on any list for referral or re-ferred out to any company.

(b) The Company shall hire experiencedMechanics, Assistant Mechanics, Helpers andApprentices who permanently live in the areaand are seeking employment and are qualifiedto perform the work required by the Companybefore hiring a transient employee or a new in-experienced employee. An employee shall beconsidered a transient until he makes a show-ing that he is permanently changing his homeand residing in the territorial jurisdiction ofthe local with which he has registered for re-ferral. The employee shall verify the change byproviding to the local, a motor vehicle regis-tration and driver’s license with the new ad-dress. The employee shall send the change ofaddress to the International in order to be reg-istered with the local for referral.

Provided the foregoing criteria are met, anemployee’s status as a transient shall continuefor a period of six (6) months from the time hehas registered with the local. When hiring anexperienced Mechanic, Assistant Mechanic,Helper or Apprentice the Company shall usethe Union as the first source of applicants foremployment. Upon the Company’s request,

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the Union shall refer, on the basis set forthhereinafter, such an applicant within a periodof 72 hours after such request, exclusive ofSaturdays and Sundays. When seeking Ap-prentice applicants, the Company will utilizethe list provided by the Local Joint Appren-ticeship Committee. If the Union or JAC failsto refer qualified workmen within the speci-fied period the Company may obtain workmenfrom any other available source. The Com-pany has the right to reject any and all appli-cants referred to it by the Union. The Com-pany, where requested by the Union, shallgive, in writing, the reason for any rejection. Itis further understood and agreed that if anyworkman is continually rejected by the Com-pany within a local union’s jurisdiction or ifthe Company, as a matter of practice, repeat-edly rejects applicants referred by the Union,the local union Business Representative or theCompany may submit the matter of rejectionto the designated Company Labor RelationsRepresentative and IUEC Regional Director.Failing agreement, the matter may be referredto the National Arbitration Committee underArticle XV. The Company Labor Relations Rep-resentative and IUEC Regional Director, Na-tional Arbitration Committee or the impartialarbitrator shall have authority to decide thematter and impose an appropriate remedy. Ifthey find that the continued rejection of a par-ticular workman was justified, the appropriate

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remedy may include directing the removal ofthe named workman from the list for a periodof time. If they find that the Company has un-reasonably or discriminatorily exercised itsright of rejection, the appropriate remedy mayinclude directing that the Company not have aright of exercising his right of rejection for aperiod of time.(c) The Union shall refer to the Company

only workmen whose names appear on theopen employment list and in so doing shall begoverned by the following criteria:(1) If the Company requests by name from

the open employment list a particular work-man previously employed by the Company,who permanently lives in the area, that work-man shall be referred by the Union to theCompany unless the workman is unwilling toaccept employment with the Company.(2) If the Company requests by name from

the open employment list a particular work-man who has not previously been employedby the Company, who permanently lives in thearea, that workman shall be referred by theUnion to the Company unless the workman isunwilling to accept employment with theCompany.(3) In the event the General President of the

IUEC shall be of the opinion that a severe un-employment situation exists in any local’s ju-risdiction, he shall contact the NEBA Execu-tive Director and confer with him as to the

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problem and possible resolutions. Failingagreement the matter may be submitted to theimpartial arbitrator as provided under ArticleXV. An agreement as to resolution of the prob-lem between the General President of theIUEC and the NEBA Executive Director or thedecision of the arbitrator may modify the pro-visions of subparagraph (1) and (2) above asmay be deemed necessary under the circum-stances.(d) All Employment Practice provisions are

to be posted in the Union Hall and in the Com-pany’s Personnel Office.(e) As soon as practical the General Presi-

dent of the IUEC shall review all locals of theUnion where there is a part-time BusinessRepresentative for the purpose of determiningwhether such Business Representative is ableto establish and maintain an open employ-ment list and to operate the procedures in thisArticle in a satisfactory manner. He shall thenadvise the NEBA Executive Director as tosuch determination and if there is any dis-agreement, they shall endeavor to resolve thematter. Failing agreement, the matter may besubmitted to the impartial arbitrator providedunder Article XV.

Par. 2. Applicants for Apprenticeship shall beevaluated and ranked in accordance with theselection procedures contained in the patternaffirmative action plan set forth in the Na-

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tional Guidelines for Apprenticeship Stan-dards, as they may be amended from time totime, or such similar procedures adopted toconform to applicable state laws or regula-tions, by local committees consisting of repre-sentatives of IUEC Local Unions and Employ-ers signatory to this collective bargainingagreement. Employers seeking new employ-ees shall contact the appropriate local com-mittee for dispatch of an Apprentice in accor-dance with that committee’s referral proce-dures.The Local Union and the Companies are en-

titled to a copy of the complete ranked appli-cant list. If applicants for Apprenticeship arenot referred from the Apprentice applicantlist, the Employer may obtain Apprenticesfrom any other available source.

Par. 3. When an Employer makes layoffs, theprobationary Apprentice (as defined in ArticleX Par. 3) will be laid off first; thereafter, anytransient Helper, then any transient Appren-tice, then any transient Assistant Mechanic,then any first year Apprentice, followed byany Helper who permanently lives in the areaand/or any second year Apprentice and/or anythird year Apprentice and/or any fourth yearApprentice and/or any Assistant Mechanic(these 5 classifications shall be combined tobe a single classification/pool for the purposesof layoff) at the Employer’s sole discretion.

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The employer will determine the order of layoff in each classification. Employees laid offshall be paid at the next weekly payroll periodfollowing the layoff.The Temporary Mechanic shall be set back

in the same order as mentioned in Article XPar.4 prior to layoff of a transient Mechanic,not including temporary transfers referred toin paragraph (4) below, and lastly those Me-chanics who permanently live in the area willbe laid off.

Par. 4. The Company shall have the right totransfer temporarily from one local union’s ju-risdiction to another, key Mechanics (such asadjustor, certified welder, Mechanic-In-Charge, experienced escalator Mechanic, Me-chanic trained to handle special equipmentsuch as hydro drilling equipment, Mechanicrequired to train or orient other employees inthat local union’s jurisdiction as to the Com-pany’s equipment, Mechanic transferred tem-porarily to open an office). A Mechanic-In-Charge is only on a construction or modern-ization job where there are four (4) or moreElevator Constructors including the Me-chanic-In-Charge. In addition, where the Com-pany does not have a regular work force, theCompany shall have the right to transfer Me-chanics temporarily on a one-to-one basis inthe case of two (2) man jobs up to a maximumof three (3) such jobs at any given time. It is

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understood that the foregoing limitations shallnot be applicable where there are no qualifiedMechanics available in the local union. Me-chanics temporarily transferred under theabove provisions may remain in the area onlyuntil completion of their work on the particu-lar job for which they have been transferred.The Company and the IUEC shall mutually

decide upon what is a regular work force asused in this Par. 4 and that decision shall be-come incorporated in and a part of this Agree-ment.

Par. 5. Where the Company is opening a new of-fice in one local union’s jurisdiction they maypermanently transfer one Mechanic from thejurisdiction of another local union to start thenew office provided they have advised theBusiness Representative in advance of thetransfer. The Company may permanentlytransfer an employee from one local union towork in the jurisdiction of another local unionsubject to the following conditions:(a) Prior notice shall be given to the Interna-

tional Union.(b) The Company shall consider the follow-

ing factors in reaching a decision to transfersuch an employee:1. The availability of qualified personnel in

the other local union.2. The business necessity for such a transfer

and other relevant considerations.

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(c) The Company shall not permanentlytransfer any employee for the purpose of cir-cumventing an expense agreement.(d) Any dispute concerning such a transfer

shall be subject to the grievance and arbitra-tion procedure herein.(e) It is understood and agreed that prior to

terminating an employee for unsatisfactoryperformance who is to be replaced under thisparagraph or any other employee, the Com-pany will give a written warning to the em-ployee with a copy to the Business Represen-tative in order that the employee be given anopportunity to improve his work performance.Such a termination may be submitted as agrievance to the National Arbitration Commit-tee as provided under Article XV as a finalsource of appeal.Written warnings for unsatisfactory per-

formance (other than safety infractions) can-not be used to justify additional disciplineunder this agreement, provided the employeehas no additional/subsequent performance is-sues within 24 months of the date on whichthe work performance letter was issued.

Par. 6. Whenever a building owner or other cus-tomer of the Employer requires persons work-ing on its premises to provide personal identi-fication as a condition of entering or workingon the premises, the Employer will providethe employee with such identification for use

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on such jobs which will not contain the em-ployee’s Social Security, driver’s license or anyother personal identification numbers of theemployee.

ARTICLE XXIII

Scope and Terms of Agreement

Par. 1. This Agreement shall be binding upon allEmployers and the local unions which arenamed in the attached lists. This Agreementshall be incorporated in and become a part ofany Agreement entered into between the Em-ployers and the local unions of the Interna-tional Union and no local Agreements be-tween the Employers and local unions shall bemade changing this Agreement except asherein provided for in Article XXVI. No localunion shall, through its by-laws, constitution,or otherwise, change any of the Articles or in-tent of this Agreement. Nor shall the Employ-ers make any rules or issue any instructionsthat are contrary to this Agreement.This Agreement defines the entire relation-

ship between the parties for the term of thisAgreement and, except as herein specificallyprovided for, neither party shall during theterm of this Agreement have any obligation tobargain with respect to any matter not cov-ered by this Agreement nor concerning anychange or addition hereto.

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ARTICLE XXIV

Re-Opening Clause

Par. 1. NEBA and the Union agree that if theLabor Management Relations Act of 1947 is re-pealed, modified or amended in any respect,the Union and NEBA agree that upon serviceof a thirty (30) days notice by either party, thiscontract may be reopened for negotiationdealing with Union security or secondarystrikes, that will be covered by the repeal,modification or amendment of that Act.

ARTICLE XXV

Termination of Agreement

Par. 1. This Agreement shall become effectiveon the Ninth day of July 2017, and shall termi-nate at midnight on the Eighth day of July2022.

ARTICLE XXVI

Local Option

Par. 1. It is agreed between the Company andthe Union that in order to more effectivelycompete or to address other local conditionsto benefit the entire elevator industry, it is per-missible for any local union to negotiate spe-

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cial conditions with the Company for the fol-lowing classes of work, except that the wagerate as determined by Article V of this Agree-ment may not be changed:1. Modernization Work2. General Repairs3. Contract Service4. Construction WorkSpecial conditions include but are not re-

stricted to such items as terms associatedwith Local Transportation and ExpenseAgreements, work jurisdiction associatedwith Article IV of this Agreement, staffing,premium rates of pay, shift work or workinghours on Modernization, Construction, Repairand Contract Service. In the case of ContractService, special conditions shall also includeproblems arising because of areas where anemployee’s physical well-being may be injeopardy.

Par. 2. The above mentioned special conditionsshall be negotiated by a Committee of two (2)Representatives from the local Union, one (1)International Representative and three (3)Representatives from the Company and theirdecisions shall be binding on both parties.

Par. 3. Agreement on special conditions shallcontinue as long as satisfactory to both par-ties, but no change shall be made more oftenthan six (6) months except that changes in

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construction working hours may be changedmore often if mutually agreed. Sixty (60) daysnotice in writing shall be given by the party de-siring such changes and such written noticeshall constitute cause for a meeting of bothparties.

Par. 4. Both parties commit to making anearnest effort to reach an agreement, how-ever, when the Local Union Representativeand the Company’s designated representativeare unable to resolve a dispute over changesin the Local Option Agreement as provided inthis Article, either party may request the Gen-eral President of the IUEC and the NEBA Ex-ecutive Director to review, make recommen-dations or issue guidelines to resolve the dis-pute.

ARTICLE XXVII

Reporting Time, Subpoenaed Witnesses,Uniforms

Par. 1. Whenever a Mechanic, Helper, Appren-tice or Assistant Mechanic covered by thisAgreement reports to work on a construction,service or maintenance job on request of theCompany and there is no work available, ex-cept for reasons beyond the control of theCompany, the employee shall receive twohours pay at straight time rates.

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Par. 2. Any employee who is covered by thisAgreement who is subpoenaed to court by theCompany or by the Company’s Counsel shallbe paid for all time at the straight time hourlywage rate, fringe benefits, and all reasonableexpenses.

Par. 3. When required by the Company, ElevatorConstructor Mechanics, Helpers, Apprenticesand Assistant Mechanics shall wear uniformsbearing the Company’s name and/or trade-mark. Such uniforms shall be furnished by theCompany at no cost to the employee.

Par. 4. Whenever the Company asks an em-ployee to work with cleaning solvents or othermaterials and substances that pose a risk tolife or health, the Company will first advise theemployee of the risks and train the employeein proper use or handling of the materials andsubstances. The contents of all such materialsand substances and their possible risks andadverse effects shall be clearly marked ontheir containers. Suitable protective clothingand equipment must be provided to employ-ees handling such materials and substances.

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EMPLOYER MEMBERS OF NATIONALELEVATOR BARGAINING ASSOCIATION

KONE Inc.

Otis Elevator Company

Schindler Elevator Corporation

ThyssenKrupp Elevator Corporation

Fujitec America Inc.

Mitsubishi Electric and Electronics USA, Inc.

North American Elevator Service

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IN WITNESS WHEREOF, the parties here-under have set forth their hand and seal on thedate stated above.

For:National Elevator Bargaining Association

By:Rick AmarosaChristian GrenierKen DzierzawiecVincent SchiavoneJ.P. Heaney


INTERNATIONAL UNION OFELEVATOR CONSTRUCTORS

By:Frank J. Christensen,General President

James K. Bender II,Assistant General President

Larry J. McGann,General Secretary – Treasurer

Steven A. Bruno,Labor Committee

James H. Chapman III,Labor Committee

Harry H. Gilbert Jr.,Labor Committee

Patrick J. McGarvey,Labor Committee

Kevin A. Moody,Labor Committee

Lloyd R. Storr,Labor Committee

Daniel J. Baumann,Labor Committee

James R. Biagini,Labor Committee

Edward F. Christensen,Labor Committee

Dale E. Coalmer,Labor Committee

Gilbert E. Duncan III,Labor Committee

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110

Michael J. Langer,Labor Committee

James A. Lowery,Labor Committee

Kevin L. McGettigan,Labor Committee

NNEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 110

111

LOCAL UNIONSOF

INTERNATIONAL UNION OFELEVATOR CONSTRUCTORS

Local No. 1, New York, NYLocal No. 2, Chicago, ILLocal No. 3, St. Louis, MOLocal No. 4, Boston, MALocal No. 5, Philadelphia, PALocal No. 6, Pittsburgh, PALocal No. 7, Baltimore, MDLocal No. 8, San Francisco, CALocal No. 9, Minneapolis, MNLocal No. 10, Washington, DCLocal No. 11, Cincinnati, OHLocal No. 12, Kansas City, MOLocal No. 14, Buffalo, NYLocal No. 15, Milwaukee, WILocal No. 16, New Orleans, LALocal No. 17, Cleveland, OHLocal No. 18, Los Angeles, CALocal No. 19, Seattle, WALocal No. 20, Louisville, KYLocal No. 21, Dallas/Fort Worth, TXLocal No. 23, Portland, ORLocal No. 24, Birmingham, ALLocal No. 25, Denver, COLocal No. 27, Rochester, NYLocal No. 28, Omaha & Lincoln, NE and Coun-

cil Bluffs, IALocal No. 30, Memphis, TN


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Local No. 31, Houston, TXLocal No. 32, Atlanta, GALocal No. 33, Des Moines, IALocal No. 34, Indianapolis, INLocal No. 35, Albany, NYLocal No. 36, Detroit, MILocal No. 37, Columbus, OHLocal No. 38, Salt Lake City, UTLocal No. 39, Providence, RILocal No. 41, Springfield, MALocal No. 44, Toledo, OHLocal No. 45, Akron, OHLocal No. 48, Charleston, WVLocal No. 49, Jacksonville, FLLocal No. 51, Richmond, VALocal No. 52, Norfolk, VALocal No. 55, Peoria, ILLocal No. 59, Harrisburg, PALocal No. 62, Syracuse, NYLocal No. 63, Oklahoma City, OKLocal No. 71, Miami, FLLocal No. 74, Tampa, FLLocal No. 79, Little Rock, ARLocal No. 80, Greensboro, NCLocal No. 81, San Antonio, TXLocal No. 83, Tulsa, OKLocal No. 84, Reading - Scranton, PALocal No. 85, Lansing, MILocal No. 91, New Haven, CTLocal No. 93, Nashville, TNLocal No. 124, Mobile, ALLocal No. 126, Honolulu, HI


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Local No. 131, Albuquerque, NMLocal No. 132, Madison, WILocal No. 133, Austin, TXLocal No. 135, Charlotte, NCLocal No. 138, Poughkeepsie, NYLocal No. 139, Orlando, FLLocal No. 140, Phoenix - Tucson, AZ


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APPENDIX A

Decisions of theJoint Industry Committee

The following decisions of the Joint IndustryCommittee were included as Appendix A to theStandard Agreement between NEII and the IUECwhich expired on July 8, 2017. NEBA and theUnion recognize these decisions as binding dur-ing the term of the present Agreement, except tothe extent any of these decisions are in conflictwith changes made to Article IV or Article IV (A)during negotiations for the present Agreement.

1. Wiring of Car Stations

After due consideration of all the informationthat the Executive Board could gather, back as far as1948, it was the decision of the Board that the Manu-facturers be permitted to do the internal wiring in thecar stations to a terminal block within the car station.

2. Pre-Drilled Overhead Beams

Decision arrived at was that Otis would refrainfrom drilling holes on the bottom flange of the eyebeam used to support the deflector sheave as soon asit was possible to stop the production line.

3. Pre-Wiring of Controllers

On the protest registered over the pre-wiring ofcontrollers, the employers agreed that the pre-wiring


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of cross connections on controllers would be discon-tinued and in the future, auxiliary panels would go outwithout any leads for any wiring on them.

The employers further agreed that there wouldbe no objection to a local removing the wiring, and re-placing it, until the situation is corrected.

4. Multi-Wire Cable

The ruling of the Board was that the use ofmulti wire cable has become prevalent throughout theIndustry and they can find no objection to its use.

5. Key Hole Slots

A review of past decisions and precedent estab-lished the fact that it had been previously agreed thatkey hole slots provided in car and/or landing doors arenot a violation of Article IV of the Standard Agreement.

Also, it is found that it had previously beenagreed that holes provided in the factory for mountingof interlocks, safety edges, detectors and photocells,are not a violation of Article IV of the Standard Agree-ment.

When Door Closer arms, lazy arms, or relatingarms are fastened to the doors by means of drilledand/or tapped holes on the door such drilling and tap-ping shall be done in the field by Elevator Construc-tors. In cases where doors are delivered to the jobsite, pre-drilled or tapped for such devices as referredto in this paragraph, doors will not be installed until a


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satisfactory settlement between the employer and theUnion is made.

6. Escalators

It is agreed that the escalator truss or parts oftruss maybe used as a shipping container for escala-tor components, such as tracks, sprockets, etc. Suchcomponents shall be secured within the truss with onlysufficient fastenings to provide safe transit and shallnot be permanently aligned.

It shall not be a requirement that tracks be re-moved from the truss prior to final alignment.

Connections between the straight inclined tracksystem and the upper and lower end curved track sys-tems shall be made in the field by Elevator Constructors.

Upper and lower sprockets or carriages are tobe installed in the field by Elevator Constructors. SeeArticle IV, Par. 2, Item C for additional information.

7. Extended Wiring On Controllers

Controllers are not to be shipped from the fac-tory with extended wiring attached thereto.

In the case of escalator controllers, because oflimited space available, extended wiring in the form ofcables or separate wires may be connected at oneend to the controller in the factory provided, however,that the other end of such extended wiring is not pre-pared for connections.


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8. Plug-in Connections Door Protection

Prepared plug-in connections for door protec-tion devices such as furnished on the photobell protec-tion device is not a violation of Article IV of the Stan-dard Agreement.

9. DMR Plug-in Connection

The plug connection presently being used onthe DMR Regulating Unit will be discontinued. Factoryinstalled wires leading out of the regulator shall havethe loose ends unprepared for field connection by theElevator Constructor.

It is agreed that the employer will use up pres-ent stock of regulators equipped with plugs. However,any regulators installed on new jobs after July 1, 1964,will be prepared as described in the above paragraph.

10. Car Door Operators

Haughton Type ‘T’ and ‘TH’ and WestinghouseType ‘E’ and other similar car door operators shallhave the external wiring to the motor and the door orgate contact installed in the field by Elevator Construc-tors.

11. Wood Flooring

When wood flooring on elevator platforms, in-cluding stage lifts, organ consoles and orchestra ele-vators, is to be installed in the field the work shall bedone by Elevator Constructors.


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12. Door Operators

(1) The pattern for the Industry, for shippingdoor operators would be based on the practice in exis-tence at the time of the Joint Industry Committee’s de-cision of December 12, 1963.

(2) As a guide for present and future Joint In-dustry Committees, it was determined that the follow-ing Exhibits would be used to settle any future disputerelative to the shipping of door operators and would beconstrued as examples of the practice in existence inDecember 9-12, 1963.

Exhibit ‘A’ (Haughton ‘T’ Operator as per photodated 12/13/67)

Operators may be shipped as per this Exhibitexcept all external wiring, all greenfield, allgreenfield connectors and the gate switch shallbe removed.

Exhibit `B’ (Haughton ‘TH’ Two-speed Operatoras per photo dated 12/13/67)


Exhibit ‘C’ (Haughton ‘TH’ Center-opening Op-erator as per photo dated 12/13/67)



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Exhibit ‘D’ (Westinghouse ‘E’ Line Operator asper photo 500581A, dated 12/13/67)

Operators may be shipped as per this Exhibitexcept all external wiring, all greenfield, allgreenfield connectors and the magnetic locksshall be removed.

Exhibit ‘E’ (Dover Operator per photo dated12/13/67)

Operators may be shipped as per this Exhibitexcept all external wiring, all greenfield, allgreenfield connectors, the gate switch and thecams to actuate the safety edges shall be re-moved.

13. Pre-Assembling of Machine to MachineBeams (Armor Elevator Co.)

It was agreed by the Joint Industry Committeethat the Armor Elevator Company is in violation of Arti-cle IV, Par. 2, sub-item “g” of the Standard Agreementby the method of pre-assembling the machine to themachine beams and the pre-drilling of the governormounting plate.

14. Holes Drilled in the Factory for theMounting of Sight Guards

shall not be considered a violation of Article IVof the Standard Agreement. The installation (and tap-ping if required), shall be done in the field by ElevatorConstructors.


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15. Type M Hoistway Door Track Assembly(Haughton Elevator Company)

It was mutually agreed that the spirator wouldbe removed and that the pre-drilling and tapping wascovered by Decision #1 of the Joint Industry Commit-tee dated December 12, 1963.

16. Pre-Fastening Booster or BlockingBeams to Machine Beams (GeneralElevator Company of Baltimore)

The Joint Industry Committee finds that Gen-eral Elevator of Baltimore method of pre-fasteningbooster or blocking beams, as established and shownon Exhibit ‘A’ entitled “Standard Machine Beam Detailwith Booster Beam” dated May 7, 1968 is not a viola-tion of Article IV.

17. Dover Leveling Switches

Dover Leveling Switches, as they are now con-structed, are not a violation of the Standard Agree-ment.

18. Westinghouse and Otis BasementMachines

Westinghouse Basement Type #28 GearedMachine with deflector sheave attached as per DSSheet 274D and Otis Basement Type 16BT machinewith attached deflector sheave as per sheet 6588Gare not in violation of Article IV of the Standard Agree-ment.


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19. Top Emergency Exit Switches (Otis)

It was agreed that the switch could be removedin the field and remounted.

20. Otis Integral Hanger

That the primary function and responsibility ofboth the Union and the Industry is to assure a safe, re-liable and workmanlike installation as regard doorequipment. The employers agree that they cannot ob-ject to the dismantling of components if such becomesnecessary to accomplish this.

(It continues:) There has been some questionon interpretation of this clause, therefore, it has beenagreed that the application of this decision requiresthat the Mechanic-in-charge use his discretion with re-gard to removal of the hanger bar to accomplish thestated objective. Management supervisors should notbe critical or attempt to penalize the Mechanic forusing such discretion but if he questions the decision,it should be adjusted between the Construction Man-ager and the Local Business Representative.

At the 1954 meeting of the International Execu-tive Board and the Manufacturers’ Labor Committee, itwas mutually agreed that:

The Executive Board believes that when ArticleIV, Par. 8, that states “NO restrictions shall be imposedas to methods, tools, or equipment used” was writtenin the Standard Agreement, neither party, at the time,had in mind lethal tools, therefore; we believe the


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members of the International Union have a perfectright to refuse to use explosive powered tools.

21. Cargo Masters 500 lbs. up to 1000 lbs.

All door assembly units must be removed be-fore installation of car.

Pre-wiring of Cargo Master to be limited to doorand ejector operation.

Ejector unit must be shipped separately.

The above conditions apply specifically to theCargo Master with a capacity of 500 lbs. to 1000 lbs.as manufactured by Guilbert, Inc., and are not to beapplied to the D/W provision of Article IV, Par. 3, Item3, of the Standard Agreement.

22. Procedure For One Man Pressure ReliefValve Test

At a meeting of the National Arbitration Com-mittee held on February 8, 1984, at the Sheraton BalHarbour, Bal Harbour, Florida, it was jointly agreedthat pressure relief valve test work may be performedby one Mechanic so long as the following procedure isfollowed:

Item 1. The elevator must be equipped with aquick release coupling to which a pressure gaugecould be connected.

Item 2. The Elevator Constructor Mechanic isto be supplied with a temporary run button (the cable


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is to be of a length which would permit the ElevatorConstructor to position himself outside of the machineroom or the hoistway while performing the test).

Item 3. With the elevator at the top floor, doorsclosed, shut off the main line disconnect.

Item 4. Disconnect one wire, which places theelevator on inspection, add one jumper on the direc-tional limit, one jumper on the final limit, and connectthe temporary run button to the appropriate terminals.

Item 5. Connect the pressure gauge to thequick release coupling.

Item 6. Put in the main line disconnect and po-sition yourself outside of the machine room and/orhoistway and using the temporary run button, run theelevator up against the stop ring until you observe(hear) the bypass valve open.

Item 7. After checking the pressure gauge theMechanic is to open the bottom hoistway door and ob-serve the cylinder and pipe for possible damage orleakage.

Item 8. If damage has occurred it will be re-paired in the normal manner using a repair crew.

Item 9. The car will then be restored to normalservice and observed as it runs the first few trips.


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Frank Christensen, General PresidentInternational Union of Elevator Constructors7154 Columbia Gateway DriveColumbia, MD 21046

Dear Mr. Christensen:

This is to confirm the understanding and agreementreached at the recent contract negotiations betweenNEBA and the Union.

It is understood and agreed that where a man hasworked for more than one company and has worked atleast 1750 hours entitles him to the minimum vacationpay guaranteed by Article XII. The obligation to payminimum Vacation Pay shall be prorated between allthe companies for whom the man worked based uponthe hours the man worked for each company. The de-termination regarding a proration shall be made as ofthe end of the Vacation year December 31.

Very truly yours,Rick Amarosa

AGREED:Frank Christensen


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At our recent contract negotiations the parties agreedthat effective July 9, 2017 as part of the CompanyManagement Training Program, the Company shallhave the right to work up to twelve (12) salaried non-bargaining unit employees per year as TemporaryHelpers for a total of three to eighteen months durationeach with no more than one working per local peryear; for which it shall pay $1800.00 per person to thelocal union and $180.00 per person to the Interna-tional Union. The International shall be notified as tothe names of the trainees and the location of their as-signments.




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This is to confirm the understanding and agreementreached at the recent contract negotiations betweenNEBA and the Union, that the International Union ofElevator Constructors will hold the Company harmlessin the event of administrative proceedings, arbitrationsor litigations involving the applicability and/or enforce-ment of Article III, Par. 4.




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MEMORANDUM OF AGREEMENT

This will confirm that during the negotiations for thecollective bargaining agreement between NEBA andthe IUEC to be effective July 9, 2017, the partiesagreed to the following:

a) In the event that the Company experiences diffi-culties with employee response to emergency over-time call-backs in any local office, the Company shallinform the local union and the local union shall cooper-ate with the Company in establishing a call-back sys-tem. In the event the Company and the local unioncannot agree on the establishment of the call-backsystem the Company and the IUEC shall establish acall-back system.

b) Employees on contract service shall be requiredto carry and use beepers or any other designatedcommunication devices that permit them to be con-tacted and informed of an emergency call while theemployee is on the way to work at the beginning of theworkday and while the employee is on the way homefrom work at the end of the workday.

AGREED:Rick Amarosa



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TRADE SECRET AGREEMENT

During the term of my employment with the Companyand thereafter, I will refrain from disclosing to otherpersons or entities, except with the Company’s con-sent and for the Company’s benefit during the courseof such employment, any trade secrets or confidentialinformation of the Company.

I will deliver to or leave with the Company all writtenand other materials containing The Company’s tradesecret, confidential, or proprietary information upontermination of my employment.

I acknowledge receipt of an executed copy of thisagreement

By:Employee signature Print name

Date

By:For the Company


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This will confirm the understanding reached during therecent contract negotiations concerning holidays thatfall on Saturday or Sunday and that are celebrated onFriday or Monday, respectively.

The Union agrees that the Employer has an obligationto provide contract service to some of its customers onthese Friday or Monday holidays. The Union furtheragrees that to provide such service it must requirecontract service employees to work on such days. It isagreed that the Employer shall have the right toschedule employees to work on such days in sufficientnumbers needed to perform such work. The Employeragrees that it will make every effort to consider the de-sires of its employees when employees are scheduledto work such days.




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Dear Mr. Amarosa:

All new hires hired after July 8, 1997 will be classifiedas probationary Apprentices.

This is to confirm our understanding and agreementthat any individual with an industry date prior to July 9,1997, who is still a Helper as of the effective date ofour new agreement, will receive 70% of Mechanic’srate, plus fringe benefit and will remain at that rateuntil such time as he is qualified and meets the re-quirements as a fourth year Apprentice.


AGREED:Rick Amarosa


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This letter will confirm the transfer policy betweenthe primary and subprimary of the newly merged lo-cals will be as follows:

a) Each merged local becomes a subprimary of thelocal with which it was merged.

b) The current employees form the permanentbench in each subprimary and primary.

c) The current expense Agreement in each affectedlocal will remain in effect until replaced by a newexpense Agreement negotiated between NEBAand the IUEC.

d) An employee sent from the primary to the subpri-mary, or vice versa, on a temporary basis will bepaid expenses as required by his/her permanentbase expense Agreement.

e) An employee who is transferred on a permanentbasis from the primary to the subprimary, or viceversa, and this assignment does not require ahousehold move shall receive four (4) weeks perdiem from his/her old location expense Agree-ment, thereafter he/she is a permanent employeein the new location.

f) An employee who is transferred on a permanentbasis from the primary to the subprimary, or vice


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versa, and does require a household move shallreceive six (6) weeks per diem from his/her old lo-cation expense Agreement, thereafter he/she is apermanent employee in the new location.

g) When a person on the bench is hired in the pri-mary and/or subprimary he/she shall be used inthe new location by application of paragraphs (d),(e), or (f) above.

h) When an employee is permanently transferred asoutlined in paragraphs (e) and (f) above, he/she isguaranteed a total of six (6) months employmentin the new location or he/she will be paid per diemfor the entire period less the per diem alreadypaid.

This provision (h) does not apply if the employeeis discharged for cause.




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LETTER OF UNDERSTANDING

The parties agree that no Local Joint ApprenticeshipCommittee may implement any rule that conflicts withany language of the Collective Bargaining Agreement.

For NEBA

Title

Date

For the Union

Title

Date


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This will confirm the understanding reached duringour recent negotiations concerning local unions thatmay be merged or dissolved by the InternationalUnion of Elevator Constructors (IUEC) after January 1,1992 and until the termination of the Agreement thatwill expire on July 8, 2022. NEBA agrees to meet anddiscuss the effects of such mergers on a local by localbasis. Such discussions shall include but are not lim-ited to hiring, expense agreements and open territorybetween the merged locals.

There shall be no change in any term or condition ofemployment under the Agreement or any local ex-pense agreement until such time as the parties reacha mutual agreement as to such changes.

It is further agreed that such discussions are tobegin as expeditiously as possible following the con-clusion of negotiations for a new Agreement.




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MERGEDLOCALS

Duetothewagedisparitycreatedbymergingthefollowinglocals,forthebenefitofboth

theEmployerandtheIUEC,wewillusethelanguageintheletterconfirmingthetrans-

ferpolicybetweenthePrimaryandSub-Primaryofthenewlymergedlocalscontained

inthisAgreement.Using

theincrease

schedulethatwehave

provided,paritywillbe

achievedforallofthemergedlocalswithintwo(2)years.

Percentage

1st

2nd

3rd

4th

5th

ReceivingMerged

of

Wage

Wage

Wage

Wage

Wage

Local

Local

Parity

Increase

Increase

Increase

Increase

Increase


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MEMORANDUM OF UNDERSTANDING

Except as otherwise agreed to by the parties, theterms of all agreements between the InternationalUnion of Elevator Constructors and/or its local Unionsand the National Elevator Bargaining Association andits member Companies, including but not limited tolocal expense and local option agreements, that are inexistence on the effective date of this Agreement shallcontinue in effect unless inconsistent with or super-seded by this Agreement in which case the terms ofthis Agreement prevail.


AGREED:Rick Amarosa


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ASSISTANT MECHANIC AGREEMENT

I agree to accept Assistant Mechanic status for twelve(12) months from the date of this agreement. The termsand conditions of employment as an Assistant Me-chanic have been agreed upon by the IUEC and myemployer and are contained in the NEBA-IUEC Agree-ment relating to Assistant Mechanics included in theamended collective bargaining agreement. The defini-tion of Assistant Mechanic Work and Qualifications arespecified in Article X of the NEBA-IUEC Agreement.

I understand that the wage rate for Assistant Mechanicshall be 80% of the wage rate for Mechanics in thelocal union where I am working.

It is understood that by signing this Agreement, thereis no guarantee of employment.

Should the terms of the Letter of Agreement for Assis-tant Mechanics be violated, this agreement will imme-diately become null and void.

Print Name:

Signed:

Date:

Company:

Signed:

Date:


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Local Union:

Business Representative:

Date:


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July 9, 2017


Re: Letter of Agreement


This memorandum details the agreement between theparties concerning potential conflicts posed whenevercustomers, as a precondition for securing contracts forthe Company, require background checks for employ-ees who will be working on the customer’s premises.

The Company agrees to the following whenever cus-tomers require background checks:

1. The Company shall seek volunteers to mansaid jobs.

2. The Company will not discipline, discharge orlay off employees solely due to their refusal tovolunteer. However, such employees may belaid off if there is not sufficient other work towhich they may be assigned.

3. The IUEC recognizes the importance of secur-ing adequate volunteers and will cooperatein efforts to secure them.

Implementation of this agreement and terms and con-ditions related thereto cannot be introduced or consid-


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ered in any proceeding except one to enforce thisagreement.




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MEMORANDUM OF UNDERSTANDING

When a pre-task safety document (e.g. Job HazardAnalysis (JHA), Job Safety Assessment (JSA) or simi-lar document) is required by the company, employeeswill not be permitted to re-use a previously completeddocument.


AGREED:Rick Amarosa



Re: Letter of Agreement

Dear Frank:

This memorandum details the agreement between theparties concerning potential conflicts between theCompany’s Alcohol and Drug Policy and those policiesprovided by customers as a precondition for securingcontracts for the Company.

The Company will continue its practice of applyinggood faith efforts to apply its own policy. Should theseefforts be unsuccessful and a customer insists on im-plementation of their own policy, the Company may in-stitute such policies to the extent necessary to obtainthe work.

Good faith efforts by the Company to avoid using thecustomer’s policy will include:

1. Advising the customer that the Company hasagreed with the IUEC to a comprehensive com-pany wide policy that addresses the mainte-nance of a safe and healthy work environmentfor its employees, and that it does not wish toapply any additional or different regulations.

2. If written confirmation of the company’s positionfails to change the customer’s position, theCompany will attempt to obtain customer ap-proval to as much of its policy as possible.

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3. If the customer insists on the complete substitu-tion of its policy for the Company’s policy, theCompany shall then seek volunteers to mansaid jobs.

4. The Company will not discipline, discharge orlay off employees solely due to their refusal tovolunteer. However, such employees may belaid off if there is not sufficient other work towhich they may be assigned.

5. The IUEC recognizes the importance of secur-ing adequate volunteers and will cooperate inassisting in efforts to secure them.

AGREED:Rick Amarosa

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SUBSTANCE ABUSE

Par. 1. In order to eliminate substance abusein the workplace; to assist employees with sub-stance abuse related illnesses, to have a safeworkplace and efficient work-force. Such Sub-stance Abuse Program shall be subject to theconditions set forth in this Article.

Par. 2. There shall be no random testing fordrugs or alcohol for any reason other than statedin Par. 6. An employee who refuses to submit torandom testing of any kind, for reasons other thanstated in Par. 6, shall not be disciplined, nor shallthat employee be refused access to the jobsite.

Par. 3. Testing may be performed on new-hireapplicants for employment as a condition of em-ployment prior to placing them on the payroll.The employer shall have the right to require adrug test for any referral for employment if suchreferral has not worked for that employer withinthe past three (3) months.

Testing will only include alcohol and the fol-lowing drugs:

Nine Panel Drug Test1. Cocaine (and its derivatives, including

crack cocaine).2. Cannabinoids (THC/marijuana, hash).3. Opiates (heroin, codeine, etc.).4. Amphetamine (including methampheta-

mine – central nervous system stimulants).

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5. Phencyclidine (PCP).6. Barbiturates7. Benzodiazepines8. Methadone9. Propoxyphene

Testing of referrals will be considered a part ofthe employer’s pre-employment process. The refer-ral will be employed while the employer is await-ing the return of the test results. If the test result ispositive, subject to Par. 5, the employer has no re-sponsibility to that referral and may terminate thereferral without consequence. However, said indi-vidual shall become eligible for employment in theindustry at such time that the individual complieswith a recognized rehabilitation or counseling pro-gram under this Substance Abuse Policy.

Par. 4. An employee may be tested whenprobable cause exists to believe that the em-ployee is impaired on the job. The Local UnionBusiness Manager or Agents will be notified bythe Employer within 72 hours after the em-ployee has been tested under (a) or (b) below.Probable cause will be deemed to exist underthe following circumstances:

(a) The employee’s conduct or actions indi-cating alleged impairment shall be ob-served by one supervisor on the jobsiteand confirmed by a second supervisorwhenever possible. The supervisor(s)shall record their observations in writ-

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ing stating the date, time, length of ob-servation, jobsite and actions of the em-ployee which they believe constitutedrug or alcohol impairment. Such state-ments shall be signed; or

(b) A determination is made that the em-ployee’s conduct is symptomatic of alco-hol or drug impairment by an independ-ent physician or health care professionalqualified to make such a determination,following a consultation with the em-ployee. The physician or health careprofessional shall be of the Employer’schoosing and the cost of such consulta-tion and determination shall be borne bythe Employer if it is not covered by ap-plicable insurance; or

(c) Any employee involved in an accidentwhich results in professional medicaltreatment or damage to company prop-erty will be required to submit to a testfor the presence of alcohol or drugs.

Par. 5. An employee who is properly re-quested to undergo testing in accordance withthe minimum procedures set forth in Par. 4above shall be tested within 24 hours. The LocalUnion shall be notified of all positive test resultswithin 72 hours of the employer receiving the re-sults. If the employee refuses, the employee issubject to disciplinary action up to and including

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termination and the employee shall be deemedunqualified and barred from work within the in-dustry until such time the employee successfullycomplies with a recognized rehabilitation orcounseling program under Par. 6 of this section.

The Company must use a recognized and rep-utable concern for testing, with sufficient facili-ties and quality control features to ensure accu-racy in test diagnosis and the capability to storesamples. Chain of custody procedures must beobserved at all times. The Company will complywith any state laws concerning drug testing.

The results of the test of an employee who testspositive the first time must be confirmed bySAMHSA standards. For a positive, adulterated orsubstituted result reported on a single specimenor a primary specimen, the employee may requestthrough the MRO that the same specimen (or splitspecimen) be tested by a second authorized(SAMHSA certified) laboratory. The employeehas 72 hours (from the time the MRO notified theemployee that the specimen was reported posi-tive, adulterated or substituted to request a retestof the same specimen (or split specimen). If theindependent retest indicates a negative result, theEmployer may elect to retest the employee’s ini-tial sample. If the results are again negative, theemployee will be put back to work immediately(if he is off work) and made whole for any loss ofpay occasioned by the first positive test results.

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Par. 6. An employee whose final test resultsare positive (and who has not tested positivepreviously) will be referred to the Company’sMedical Review Officer, (see attachment) Em-ployee Assistance Program or some other rec-ognized and approved rehabilitation or counsel-ing program. The cost of such programs may beoffset by appropriate insurance coverage. Anyprogram whose cost is borne by the National El-evator Industry Health Benefit Plan shall bedeemed an acceptable program under this para-graph. If the employee enters such a program,his status as an employee will not be affected,except as provided for in Par. 3 above, and hewill be allowed access to the job under the con-ditions established by the program. An em-ployee who refuses a proper request to enter,participate in and successfully comply withsuch a program shall be deemed unqualified andbarred from returning to work within the indus-try. Employees may be disciplined, up to and in-cluding discharge, for subsequent positive testresults. Employees who test positive two (2)times, and have been discharged by the Em-ployer, shall be deemed unqualified and shallnot return to work within the industry untilhe/she has successfully complied with a sub-stance abuse program. Said individual, upon re-turning to work, may be randomly tested forsubstance abuse for a period of one year at theEmployer’s expense.

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Par. 7. Testing may be for drug or alcohol im-pairment only and not for any other medicalconditions. Neither the Company nor any med-ical or testing personnel shall disclose any infor-mation regarding the fact of testing or the re-sults of testing to any other employer or cus-tomer. All test results and related informationwill be given the same confidentiality as anyother medical information in the Company.

Par. 8. Any employee(s) who possesses, sells,transports or distributes illegal drugs or unau-thorized alcohol at a work site, on the companypremises, or on company time is subject to im-mediate discharge.

Par. 9. There shall be a mutually agreed upondesignated panel of five (5) permanent arbitra-tors assigned to this Policy. Any dispute regard-ing the application or construction of this Sub-stance Abuse Program, including the sections onRights of Employees and Medical Review Offi-cer, may be submitted to expedited binding arbi-tration by either the Union or the Employer.Such disputes will be reduced to a written griev-ance and may be submitted to the NEBA Execu-tive Director or his designee and the GeneralPresident of the Union or his designee for theirimmediate review and discussion by phone or inperson within ten (10) working days of the sub-mission. If the grievance is not resolved, it canbe submitted directly to expedited arbitration.

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Such cases will be heard by one of the arbitra-tors contained in the permanent panel. Arbitra-tors from the permanent panel will be selectedby mutual agreement or if there is no mutualagreement, by random selection.

This statement of principles shall apply to allemployees represented by the InternationalUnion of Elevator Constructors. Substanceabuse testing and treatment measures are appro-priate for all employer non-bargaining unit em-ployees as well, including company executivesand officers.

RIGHTS OF EMPLOYEES

a) Before requesting an employee to un-dergo drug or alcohol testing, the em-ployer shall provide the employee with aform on which to acknowledge that theemployee has seen the drug and alcoholtesting policy.

b) If an employee tests positive for drug oralcohol use, the employee must be givenwritten notice of the right to explain thepositive test and indicate any over-the-counter or prescription medication thatthe employee is currently taking or hasrecently taken and any other informa-tion relevant to the reliability of, or ex-planation for, a positive test.

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c) Within three (3) working days after no-tice of a positive initial test result theemployee may submit information to theMRO, in addition to any information al-ready submitted under paragraph (b), toexplain that result. Within three (3)working days after receiving final notifi-cation of a positive test result, an em-ployee who is the subject of a drug testmay, upon written request through theMRO, have access to any records relat-ing to his or her drug test.

d) An employee who tests positive willhave 72 hours following the date whichthe employee is notified of the test re-sult to advise the company, in writing, ofthe employee’s desire to request a retestof the original sample at the employee’sown expense. An employee who prop-erly requests in writing the records asstated above in (c), shall have 72 hoursfrom the date of receiving such re-quested information to request a retestof the original sample.

e) Unless a positive test result is confirmedas positive, it shall be deemed negativeand reported by the laboratory as such.

f) The employer will bear the costs of alltesting except for retests requested by em-ployees after an initial positive test result.

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g) Anytime an employee submits to a drugtest under the Substance Abuse Pro-gram of this Agreement at the request ofan employer, a copy of a positive test re-sult shall be confidentially delivered tothe employee no later than the end ofthe next business day after receipt of thetest results by the employer.

Refusal to test or provide an adequate samplewhen required by this policy shall constitute in-subordination and is a violation of this agree-ment.

Any specimen altered by the employee will beconsidered a positive test result and therefore a vi-olation of this policy. Any specimen altered by theemployer will be considered a negative test result.

MEDICAL REVIEW OFFICER

The Company will appoint a Medical ReviewOfficer (MRO) to administer this Policy. The re-sponsibilities of the MRO shall be to:

a) Select and utilize services of a testinglaboratory that meets one of the criteriafor drug testing established by SAMSHA.

b) Provide specimen test kits and collec-tion locations that follow chain of cus-tody collection techniques mandated bySAMSHA.

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c) Maintain appropriate systems, records,and administrative procedures to pro-vide participating employers with accu-rate and timely information as to thedrug and alcohol free status of employ-ees.

d) Ensure that the testing facility conductsboth an initial drug screen and a confir-mation test on specimens before report-ing positive results.

e) Notify the tested individual of a positiveresult and provide the individual with anopportunity to explain the reasons whytheir test might be positive.

f) Review and verify a confirmed positivetest result and process the donor’s re-quest for a confirmatory retest of theoriginal sample.

g) Review a participating employee’s med-ical record if so requested by the em-ployee.

h) Notify the employer’s contact person ofall test results, both positive and nega-tive, if required.

i) Refer individuals testing positive to theappropriate medical evaluation and par-ticipate in return to duty decisions as setforth in this Policy.

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j) Ensure the drug and alcohol policy andprogram complies with Federal, State,and local law.

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GLAZIERS

1

COLLECTIVE BARGAINING AGREEMENT

OF

INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES

OF AMERICA & CANADA AFL-CIO

DISTRICT COUNCIL #4

GLAZIERS ARCHITECTURAL METAL

&

GLASSWORKERS

OF

WESTERN NEW YORK &

INDEPENDENT CONTRACTORS

Expires April 30th, 2022

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TABLE OF CONTENTS

Page Article 1 Recognition Clause 4 Article 2 Union Security Clause 5 Article 3 Area of Agreement (Jurisdiction) 5 Article 4 Scope of Work 6-7 Article 5 Administrative Dues-Check off 8-9 Article 6 Hours of Work 9-10 Article 7 Vacations and Holidays 10-11 Article 8 Out of Area Clause 12 Article 9 Joint Trade Board and 12-14 Grievance Procedure Article 10 Support of Picket 14-15 Article 11 Accretion Clause 15 Article 12 Successor Clause 15 Article 13 Past Practice Clause 15 Article 14 Subcontracting Clause 16 Article 15 Management Rights 16 Article 16 Job Targeting 16 Article 17 Preservation of Work 16-17 Article 18 Employers’ Responsibilities (Bond) 17 Article 19 Stewards 18

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Article 20 Safety 18 Article 21 Training 18-19 Article 22 DC#4 LMCI Program 19 Article 23 Journeyperson Upgrade Training Clause 19 Article 24 Supremacy 19 Article 25 No Discrimination Clause 19 Article 26 Just Cause 20 Article 27 Hiring Procedure 20-21 Article 28 Top Workplace Performance Plan 21 Article 29 Trust Funds 22-25 Article 30 Wage & Fringe Benefits 26-34 Article 31 Travel Time 35 Article 32 Jury Duty 35 Article 33 Credit Union 36 Article 34 Drug Free and Alcohol-Free 36 Workplace Article 35 Tool Requirement 37 Article 36 Industry Fund 37-38 Article 37 Duration & Expectation 38 Signature Page 39

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AGREEMENT This Agreement is made and entered into this ____________day of_______________, 20_____, by and between _______________________________________________________ (name of contractor or contractor’s association) hereinafter referred to as the Employer and District Council #4 of Western New York affiliated with the International Union of Painters and Allied Trades (IUPAT) hereinafter referred to as the Union.

BASIC PRINCIPLES It is the intent and purpose of the Parties hereto that this Agreement shall promote and improve the Industrial and Economic relationship between the Employer and the Union, to eliminate unnecessary strike, lockouts, and other interference with production and set forth the Basic Agreement covering rates of pay, hours of work, and conditions of employment to be observed by the parties hereto.

ARTICLE 1 RECOGNITION CLAUSE

The Employer recognizes, acknowledges, and agrees that I.U.P.A.T. District Council No. 4 is, within the meaning of Section 9 (a) of the National Labor Relations Act the exclusive representative for the purpose of collective bargaining of all Employer’s employees wherever such employees may be employed in the following classifications of work: Glaziers Fabricators Glassworkers Apprentices All work described and covered by I.U.P.A.T. Constitution, as outlined in Article 4, of this Agreement. The employer agrees that the Union has been designated or selected for the purpose of Collective Bargaining by the majority of the employees in an appropriate unit, that said majority support has been demonstrated and that the Union is the exclusive representative of all employees in such a unit for the purpose of Collective Bargaining in respect of rates of pay, wages, hours of employment, or other conditions of employment.

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ARTICLE 2 UNION SECURITY CLAUSE

All present employees who are members of the Union on the effective date of this Agreement or on the date of execution of this Agreement, whichever is the later, shall remain members of the Union in good standing as a condition of employment. All present employees who are not members of the Union and all employees who are hired hereafter shall become and remain members in good standing of the Union as a condition of employment on and after the eighth day following the beginning of their employment, or on and after the eighth day following the effective date of this Agreement or the date of execution of this Agreement, whichever is later. A. The employer recognizes the right of any Union Member to refuse to work with an Employee who has worked for a period more than 8 days and has not joined the Union, or made application as provided herein, and any refusal to work either concerted or otherwise, with such Employee or Employees, shall not constitute a breach of this agreement. B. The Employer agrees to notify the Union during the first eight hours after any non-member has been hired, providing the name, address and social security number.

C. The Employer agrees to remove from work covered by this Agreement any Employees who has failed to perform his/her obligations to become and remain a Union members as provided for in this Agreement. Upon receipt of written notice from the Union stating that such Employee is delinquent, he shall be removed and shall not be re-employed by the Employer until he performs such obligations as provided for in this Agreement.

ARTICLE 3 AREA OF AGREEMENT (JURISDICTION)

Section 1 The Geographic Jurisdiction covered by District Council #4 shall be the following areas in the State of New York: The Counties of Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Cortland, Delaware, Erie, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Schuyler, Seneca, Steuben, St. Lawrence, Tioga, Tompkins, Wayne, Wyoming and Yates. (33 Total)

Western New York Jurisdiction

Section 2 The jurisdiction of the Western New York Region shall include the counties of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming counties.

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ARTICLE 4 SCOPE OF WORK

The Employer recognizes the Union as having the exclusive jurisdiction over:

(a) All persons who perform work within the jurisdiction of the Union including but not limited to: the removal, loading, fabrication, service and repair, transporting, unloading, distribution and installation of the following: aluminum entrances, doors, FRP doors, storefronts, curtainwall systems, all door types into aluminum framing fabrication and installation of unitizied glazing systems. Preglazed sash, structural glazed wall systems, stack wall systems SMS and ribbon wall systems, wood window, vinyl windows retrofit glass and framing systems of all types including sealing, rubber, neoprene, etc.; slope glazing systems, skylight, soffet, canopy and walk cover glazing systems, greenhouse glazing systems, glass handrail systems, metal trim, door closers, Rixson hinges to complete any of the above listed work. Installation shall also include glass and mirror of all types for all of the above types of installation. Plexiglas, acrylics, fiberglass, glass blackboard, glass movie screens, shower doors, tub enclosures, mirrored closet doors, panelized mirrored wall systems of all types and all types of panelized glazed materials and glass products, show cases, shelving glass and Plexiglas cube systems, and all moldings, sealants, mastics, silicones, vinyl, rubber, putty, plastics, caulking of glass to glass, and glass to metal and all perimeter sealants to installed products. Installation shall also include glass of all types, metal of all types, pre-glazed windows of all types, auto glass, and automatic doors of all types and similar or related classifications of work, aluminum and stainless steel panels, composite panels and column covers, coping and flashing in windowwall and curtainwall systems and any other type of installation work normally considered as glaziers’ work by the Glass and Glazing Industry.

(b) General Glazing shall include the setting, cutting, preparing, handling, or removal of the following: Art Glass, Prism Glass, Beveled Glass, Leaded Glass, Automobile Glass, Protection Glass, Plate Glass, Window Glass, Mirrors of all types, Wire Glass, Ribbed Glass, Ground Glass, Colored Glass, Figured Glass, Vitrolite Glass, Carrara Glass, and all other types of Opaque Glass, Glass Chalk Boards, Structural Glass, Tempered and Laminated Glass, Thiokol, Neoprene, and all other types of insulating glass units, all plastics or other similar materials when used in place of glass, to be set or glazed in its final resting place with or without putty, molding, rubber, lead and all types of mastics in wood, iron, aluminum or sheet metal sash, skylights, doors, frames, stone, wall cases, show bases, book cases, sideboards, partitions and fixtures. The installation of the above materials when in the shop or , either temporary or permanent on or for any building in the course of repair, remodel, alteration or construction, installation of all temporary enclosures.

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The installation of all extruded, rolled, or fabricated metals or any materials that replace same, metal tubes, mullions, metal facing materials, muntins, fascia, trim moldings, porcelain panels, architectural porcelain, plastic panels, skylights, showcase doors and relative materials including those in any or all types of building related to store front and window construction. Door and window frame assemblers such as patio sliding or fixed doors, vented or fixed windows, shower doors, bath tub enclosures storm sash where the glass becomes an integral part of the finished product, including the installation of the above. Bevelers, Silverers, Scratch Polishers, Sandblasters, Flat Glass Wheel Cutting, Miter Cutters, Engravers, Hole Drilling, Machine Operations, Belt Machines, and all machines used in the processing of glass. Automatic beveling, silvering, grinding, polishing, unpacking, and racking of glass, packing glass, glass cleaners in shops, mirror cleaning, assembling, framing, and fabrication and assembling of all insulation units, mounting of mirrors and the operations of all machines and equipment for these operations. The selecting, cutting, preparing, designing, art painting, fused glass, thick facet glass in concrete and cementing of art glass, assembly and installing or removal of all art glass. Engravings, drafting, etching, embossing, designing, sandblasting, chipping, glass bending, glass mosaic workers, cutters of all flat and bent glass, glass shade workers, and glaziers in lead or other glass metals.

(c) The Employer may deliver material with glassworkers to the jobsite, if there are no glaziers on the jobsite. The material may be unloaded on the following basis: (1) Unloading shall be at one central location on the first floor and the materials shall be such that one man may safely handle it. (2) Such unloading is not to amount to any appreciable work loss to the glaziers. (3) If there are glaziers on the job, they shall do all the unloading.

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ARTICLE 5 ADMINISTRATIVE DUES-CHECK-OFF

1. Every Employer signatory to this Agreement hereby agrees to check-off from the

wages of any employee employed by such Employer during the term of this Agreement administrative dues in the amount specified in the Union’s bylaws and to remit said amount to the Union in the following manner:

a. The Union will notify the Employer in writing of the amount of administrative dues specified in the by-laws and will submit to the Employer a copy of the bylaws or the applicable by-law provision.

b. For each payroll period the Employer will deduct from the wages of each employee the amount specified in the bylaws based on the number of hours worked during said payroll period and will accumulate said deductions to the end of the month.

c. On or before the 15th

day of each month the Employer will remit to the Union the entire amount of administrative dues due and owing as to each employee for the month previous together with a list of employees covered hereby and the number of hours worked by each during the applicable period.

2. When a signatory Employer performs a job within the jurisdiction of a Union affiliated with the I.U.P.A.T. other than the Union signatory hereto and the bylaws of that other Union contain a provision for administrative dues or Business Representative “assessment”, the Employer shall check-off from the wages of employees covered by this Agreement and employed on that job administrative dues and Business Representative “assessment” in the amount stated in that other Union by-laws, and shall remit that amount to that other Union. In that event, that other Union shall be acting as agent of the signatory Union for the purpose of policing and administering this Agreement. In performing the check-off from the wages, the procedure specified in Section (1) a-c will be followed except that it shall be the responsibility of said other Union to notify the Employer in writing of the amount of administrative dues or Business Representative “assessment” specified in its by-laws, and to submit to the Employers a copy of the by-laws or applicable by-law provision. When the signatory Employer performs a job within the jurisdiction of a Union affiliated with the I.U.P.A.T. other than the Union signatory hereto, and the by-laws if that other Union contain no provision for administrative dues or Business Representative “assessment”, the Employer shall continue to be bound by Section (1). 3. The obligations of the Employer under Section (1) and (2) shall apply only as to employees who have voluntarily signed a valid dues deduction authorization card or I.U.P.A.T. membership application form.

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4. At the time of the employment of any employee the Employer will submit to each such employee for his voluntary signature a dues deduction authorization card in triplicate, one copy of which is retained by the Employer, one copy retained by the employee and the other returned to the Union the form to be supplied such Employer by the Union.

5. On or before the 15th

day of each month the Employer will submit to the Union a list of all employees covered by this Agreement who have not signed a dues deduction authorization card together with the number of hours worked by each such employee during the month previous. 6. Any Employer who becomes delinquent in remittance of dues check-off to the Union may, at the Unions discretion, be made to remit the dues check-off on a weekly or bi-weekly basis.

ARTICLE 6 HOURS OF WORK

1. The regular work day shall be 8 working hours. The regular work week shall be 40 hours. The regular work week shall be Monday through Friday inclusive. All work over 8 hours in any one day and over 40 hours in any week shall be paid at the rate of one and one half times at the regular rate. This pertains to all shifts. 2. a. The employer may designate a 4 day 10 hour per day work schedule at straight time after notification to the union and where it is permissible and permitted by law. b. Once the work schedule is established the work schedule may not be changed again without notification to the union.

c. In the event of work lost due to inclement weather conditions, when working a 4 day work week Friday shall be a make up day at straight time where it is permissible and permitted by law.

d. Saturday may also be a makeup day at straight time when work is lost due to inclement weather conditions or circumstances beyond the control of the employer during the regular work week. Saturday will be on a voluntary basis (the makeup day shall be offered to the whole crew). Where permissible by law. (Private work) 3. Work performed on a Saturday and Sunday work day shall be at the rate of one and one half times the regular rate. Providing Saturday and Sunday is not a make-up day due to lost time due to circumstances beyond the control of the employer. Saturday will be on a voluntary basis (the makeup day shall be offered to the whole crew).Where permissible by law. 4. Work performed on any recognized holidays shall be paid at the double time rate. (See Article 7)

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5. Employee’s shall be allowed five (5) minutes before lunch and ten (10) minutes before quitting time to wash, bulk caulkers shall be given sufficient clean up time. 6. Employee’s shall receive a ten (10) minute break each morning. Employee’s shall receive a 1/2 hour unpaid lunch. Employee’s shall receive a 1/2 hour unpaid meal break after 10 hours of work. 7. Shift differential shall apply only on projects where Prevailing Rate and/or Project Labor Agreements apply. The rate of pay shall be $2.00 per hour above the applicable wage scale. The differential shall apply only when a shift begins prior to 6:00am or after 12:00 noon. 8. Except for circumstances beyond the control of the employer, if an employee is not advised that there will be no work for him on an ensuing day and the employee reports for work at the proper time and then has no work assigned for him, the employer shall pay such employee two (2) hours pay. In the event weather conditions require the stoppage of work on any day after work has begun, employees shall be paid for hours worked rounded to the next hour. 9. The Employer will notify the Union of all layoffs by 3:00pm on day of layoff. It will also be the responsibility of the employee to notify the Union when laid off. 10. When an employee is laid off they shall be paid in full on the next regular payday. This applies only to contractors who are signatory to District Council #4. All out of area contractors of District Council #4 will pay in full the day of lay off.

ARTICLE 7 VACATIONS AND HOLIDAYS

1. The following holidays shall be recognized (6 holidays) Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, New Years Day. 2. All Work performed on Holidays shall be paid at the double time rate. 3. When a holiday falls on Saturday the holiday is to be celebrated on Friday. When a holiday falls on Sunday the holiday is to be celebrated on Monday. 4. The employer shall be notified a minimum of two (2) weeks by the employee when submitting for a vacation.

HOLIDAY PAY (INDUSTRIAL MEMBERS)

a. All regular full time industrial employees shall be paid the six (6) recognized holidays. To be considered a regular full time employee an employee must have worked thirty (30) days prior to a holiday. An employee who qualifies shall be paid eight (8) hours pay at straight time at their regular rate of pay although no work is performed.

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b. The employee must have worked the last scheduled working day prior to, and the next scheduled working day to be eligible for holiday pay. c. Employees with ten (10) years service with the company shall be entitled to three (3) extra holidays in addition to the recognized holiday as above. Employees with one (1) year service shall receive two (2) additional holidays. These holidays are to be taken at the employee’s discretion with prior notice given to the Employer. d. Employees shall have the day after Thanksgiving as an unpaid holiday if they wish, not affecting their eligibility for Thanksgiving Holiday pay.

VACATION PAY (INDUSTRIAL MEMBERS) a. One week vacation with forty (40) hours pay at the straight time hourly rate provided the employee has (1) year service record with the company and has been paid 1800 hours in the previous calendar year. (When an employee works for more than one employer his vacation pay shall be pro-rated). b. Two weeks vacation with eighty (80) hours pay at the straight hourly rate provided the employee has three (3) years experience record with the company and has been paid for 1800 hours in the previous calendar year. c. A new employee will earn a prorated vacation for the following year based on the ratio of hours earned in their first calendar year divided by 1800 times 40 hours rounded to the nearest whole hour. Thereafter his qualifying period shall be the previous calendar year. d. The employee who reaches eligibility shall be entitled to vacations starting in the new calendar year. An employee who qualifies for vacation must take their vacation within that same calendar year. There shall be no carry over vacations into the following year. e. In computing paid hours previous vacation and paid holidays shall be included. f. Employees who have lost time due to sickness or unemployment shall be entitled to an extension of three months to April 1 to accumulate the required number of hours. g. Vacations will as far as possible be granted at times most desired by the employees but shall be taken in such an order that they will not interfere with the orderly operation of the warehouse. h. Should one paid holiday fall within the employees vacation period, one additional day’s vacation shall be granted or eight (8) hours pay in lieu thereof.

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ARTICLE 8 OUT OF AREA CLAUSE

Section 1 The Contractor or the employer party to this Agreement, when engaged in work outside the geographical jurisdiction of the Union Party to this Agreement shall employ not less than 50% of the men employed on such work from the residents of the area where the work is performed or from among persons who are employed the greater percentage of their time in such area; any other shall be employed only from the Contractor’s home area. Section 2 The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of the Union Party to this Agreement, comply with all of the lawful clauses of the Collective Bargaining Agreement in effect in said other geographic jurisdiction and executed by the Employers of the industry and the IUPAT affiliated Union in that jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits, and procedure for settlement of grievances set forth therein; provided however, that where no affiliated Union has an Agreement covering such out of area work, the Employer shall perform such work in accordance with this Agreement, and provided further that employees from within the geographic jurisdiction of the Union party to this Agreement who work in an outside jurisdiction at the Employer’s request (but not employees who travel to the jurisdiction to seek work or who respond to a job alert issued by the IUPAT) shall receive (a) contributions to there home benefit funds at the rate called for in their home agreement and (b)(i) wages equal to the higher economic package minus the amount of contributions paid under (a), or (ii) wages equal to their home wages and a contribution to a defined contribution retirement plan equal to [the higher economic package] minus [the amount of contributions paid under (a) plus the home wages]. This provision is enforceable by the Union in whose jurisdiction the work is being performed, either through the procedure for settlement of grievances set forth in its applicable Collective Bargaining Agreement and through the courts, and is also enforceable by the Union Party to this Agreement, either through the procedure for settlement of grievances set forth in this Agreement or through the courts. Section 3 Employees working within the Jurisdiction of District Council #4 shall be paid the higher of either their home regional wage rate and benefits or the regional wage rate and fringe benefits where the work is being performed. All fringe benefits shall be paid to each employees home Local Union fringe benefit funds.

ARTICLE 9 JOINT TRADE BOARD AND GRIEVANCE PROCEDURE

Section 1. 1. The parties shall establish and maintain a Joint Board composed of six members, three appointed by the Union and three appointed by the Employer. Four members, two appointed by each party, shall constitute a quorum. Decisions shall be made by majority vote, provided that Union appointees and Employer appointees shall

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have equal voting strength with respect to such vote. Members of the Joint Trade Board shall choose a chairman and secretary, to serve such terms as may be agreed upon by the Board, provided that one such officer shall be the Union appointee and one an Employer appointee. 2. The Joint Trade Board is empowered to hear and decide all grievances and disputes which arise between the parties as to the interpretation or application of this Agreement; to award or assess remedies, damages and penalties for violations of this Agreement; to issue interpretative rulings or other rules and regulations as it deems necessary to give force and effect to the purpose and intent of this Agreement; to investigate all grievances and disputes submitted to it, including the conduct of audits of Employer records; to recommend amendments to or changes in this Agreement, but only upon request of both parties; to appoint such persons or committees as may be necessary to aid the Board in the performance of its duties; and to demand of employers who repeatedly violate this Agreement the posting of a cash or surety bond to assure future compliance. 3. All grievances and disputes shall be submitted to the Secretary in written form, with copy furnished to the opposing party. The Employer Representative and the Union Representative will first meet within three (03) days to discuss the dispute and attempt to resolve it prior to filing the dispute with the Board of resolution. 4. The Joint Trade Board shall meet as needed, but special meetings may be called by the Chairman or Secretary when a prompt hearing and decision is required in any given dispute. 5. No Union representative shall sit as Board member in any case involving himself or herself or his or her Employer, directly or indirectly, and no Employer representative shall sit as a Board member in any case involving himself or herself or any of his or her employees, directly or indirectly. In any event a member is involved in the dispute then an alternate will be selected by their representative. In all cases the voting power of Employer and Union will be on an equal basis. 6. Decisions, awards, or orders of the Board shall be final and binding. 7. The Board shall maintain full and complete records and minutes of its proceedings, which records and minutes may be inspected at reasonable times by the parties to this Agreement. 8. The Joint Trade Board, as such, shall not accept or receive any payments or contributions from employers. Each party to this Agreement shall reimburse its representatives on the Board for actual expenses. Expenses and fees of arbitration shall be shared equally by the parties.

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9. In all matters before the Joint Trade Board for a decision, a majority vote of all members of the Board will rule. In the case of a tie vote and/or the Joint Trade Board’s becoming deadlocked, the Joint Trade Board will petition the New York State Mediation Board to furnish one of its members to sit with the committee and determine the proper decision. If, for some reason, the said Mediation Board is unable to furnish one of its members, the Joint Trade Board shall request a panel of arbitrators from the American Arbitration Association and the Joint Trade Board shall select from such panel one (01) member to sit with them as chairman. The decision shall be binding on all parties concerned. All expenses of the arbitration, except the cost to each party of its representative, attorneys, and witnesses, shall be borne by the loser. 10. With respect to any individual employer that fails to comply with a final binding decision issued at any level of this grievance procedure, the Union may terminate this Agreement by 48 hours written notice to such Employer. 11. Provided that both parties comply with the provisions of this Article and abide by the decision of the Joint Trade Board and/or the arbitrator appointed pursuant hereto, there shall be no suspension of work, strike or lockout during the term of this Agreement. 12. Notwithstanding Section 11., a final and binding decision, rendered as part of the grievance procedure, regarding the subcontracting clause of this Agreement shall be enforced solely through administrative or judicial proceedings. 13. The remedies and sanction specified in Section 10 and 11 are in addition to other remedies and sanctions that may be permitted by other provisions of this Agreement or by operation of law. Section 2 NO STRIKE/LOCKOUT 14. When the employer and the Union conforms to all terms and conditions of this contract the Union and Employer agree that there will be no strikes, lockouts, or work stoppages during the length of this agreement.

ARTICLE 10

SUPPORT OF PICKET

Section 1. Employees covered by this Agreement shall have the right to respect any legal picket line validly established by any bona fide labor organization, and the Union party to this Agreement has the right to withdraw Employees covered by this Agreement whenever the Employer party to the Agreement is involved in a legitimate labor dispute with any bona fide labor organization. Section 2. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action, in the event an Employee refuses to enter upon any property involved in labor dispute, or refuses to go through or work behind any picket

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line, including the picket line of the Union party to this Agreement, and including picket lines at the Employer’s own place of business or jobs. Section 3. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action, if any Employee refuses to perform any service which his Employer undertakes to perform for an Employer or per whose Employees are on strike, and which service, but for such strike, would be performed by the Employees of the Employer or person on strike.

ARTICLE 11 ACCRETION CLAUSE

This Agreement shall apply to all present and subsequently acquired operations of the Employer and to all accretions pertaining to the bargaining unit, including but not limited to newly established or acquired operations.

ARTICLE 12 SUCCESSOR CLAUSE

This Agreement and any supplements or amendments thereto, hereinafter referred to collectively as “agreement”, shall be binding upon the parties hereto, their successors, administrators, executors and assigns. It is the intent of this Agreement that in the event the Employer’s business is, in whole or in part, sold, leased, transferred, or taken over by sale, transfer, lease, assignment, receivership, or bankruptcy proceedings, such business and operation shall continue to be subject to the terms and conditions of this Agreement for the life thereof. It is understood by this provision that the parties hereto shall not use any leasing or other transfer device to a third party to evade this Agreement. The Employer shall give notice of existence of this Agreement and this provision to any purchaser, transferee, lesee, assignee, etc., of the business and operation covered by this Agreement or any part thereof. Such notices shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a contract or transaction, not including financial details.

ARTICLE 13 PAST PRACTICES CLAUSE

The Employer agrees that all conditions of employment in the Employer’s operation relating to wages, hours of work, overtime differentials and general working conditions shall be maintained at no less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provision for improvement are made elsewhere in this Agreement.

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ARTICLE 14 SUBCONTRACTING CLAUSE

Should the employer subcontract or employ other than glaziers for any of said work under conditions permitted by this agreement, the employer agrees to advise and discuss such subcontracting or hiring of other trades, with the union before actually selecting the subcontractor or other trades. If the union and the employer cannot agree over the assignment of work the employer agrees to give the original assignment of work to the glaziers and be governed by the procedure rules for settlement of jurisdictional disputes pursuant to Article 9 of this Agreement.

ARTICLE 15 MANAGEMENT RIGHTS

Except as expressly otherwise provided in this Agreement, the Employer shall have full right to direct the process of the work and exercise all function and control including, but not limited to, the section of the kind of materials, supplies or equipment used in the prosecution of the work, the determination of the competency and qualifications of his/her Employees and the right to discharge any Employee for any just, sufficient cause.

ARTICLE 16 JOB TARGETING

The terms and conditions of this Agreement may be modified by the duly elected Business Manager/Secretary Treasurer of the I.U.P.A.T. District Council #4 for the purpose of organizing, holding a job Union, maintaining or entering a particular market segment, and for entering into Maintenance Agreements.

ARTICLE 17 PRESERVATION OF WORK

Section 1. To protect and preserve, for the Employees covered by this Agreement, and all work covered by this Agreement, and to prevent any devices or subterfuge to avoid the protection and preservation of such work it is agreed as follows: If the Employer performs onsite construction work of the type covered by this Agreement under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer through its officers, directors, partners, owners, or stockholders, (exercise directly) through family members or otherwise, management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay (1) to affected Employees covered by this Agreement, including registered applicants for employment, the equivalent of

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wages those Employees have lost because of violations, and (2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquency that resulted by the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channel. Section 3. If, after the Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violations, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or The Joint Trust Fund, plus cost of litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Article, that may be available to the Union and/or The Joint Trust Funds.

ARTICLE 18 EMPLOYERS RESPONSIBILITIES

Section 1. Employers signatory to this Agreement shall place a Surety Bond or cash equivalent with the Union to protect non-payment of wages and fringe benefits. This bond shall be equal to the Employer’s previous twelve (12) month average total fund remittance but a minimum of $20,000. Also, the employer may, at the discretion of the Union, be required to pay fringe benefits as outlined in Article 30 on a weekly basis. IN SUPPORT OF THOSE EMPLOYERS MAKING FRINGE BENEFIT PAYMENTS ON A TIMELY SCHEDULE AS OUTLINED IN ARTICLE 30, OTHER EMPLOYERS WORKING IN THE DC#4 AREA AS OUTLINED IN ARTICLE 3, HAVING NO PREVIOUS HISTORY OF PAYING FRINGE BENEFITS AND/OR CAN NOT PRESENT A SURETY BOND, SHALL BE REQUIRED TO PAY THE FRINGE BENEFITS ON A WEEKLY BASIS. FAILURE TO MEET A WEEKLY PAYMENT SCHEDULE GIVES THE UNION THE RIGHT TO REMOVE ALL EMPLOYEES. Section 2. The Employer agrees that regardless of the number of employees he employs, he will provide and cover such employees with Workmen’s Compensation, Social Security, New York State Unemployment and Disability Insurance. Section 3. Members of the Union will not be permitted to work for any Employer, nor will the Union enter into a contract with any Employer who does not prove to the Union’s satisfaction that the above coverage is provided for the employee. Section 4. All out-of-state Employers agree to sign a New York State application for voluntary DBL (Forms DB13S) and a voluntary application for coverage under Section

561 of the New York State Unemployment Insurance law before work commences.

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ARTICLE 19 STEWARDS

Shop Stewards and Glazier stewards shall be designated in all shops by the Union and mutually agreed upon by the employer (excluding superintendents). Job Stewards shall be placed on all large jobs at the discretion of the Union. All stewards shall be allowed sufficient time during the regular working hours to perform their duty. The employer shall not dismiss any steward from properly performing their duties. All stewards must complete stewards training course. Stewards shall have top seniority on job or shop which they are assigned. Stewards may be relieved of their duties at any time at the discretion of the Local Union. Stewards duties shall be as follows: 1. See the provisions of this Agreement are observed. 2. Receive and endeavor the first step on all grievances which may be submitted to him. The Employer shall submit a list of all eligible stewards. Stewards shall have no authority to threaten, encourage work stoppage or work slow down, such action shall be grounds for dismissal.

ARTICLE 20

SAFETY The Employer and the Union (the members) agree that during the life of this Agreement, they will comply with all applicable federal and state laws concerning occupational safety and health including all applicable standards, rules and regulations issued pursuant thereto.

ARTICLE 21 TRAINING

Section 1. All employees must complete twenty-four (24) hours of Journeyman Upgrading or Health and Safety Training provided by the F.T.I through the recommendations of the Glazing curriculum committee and the employers per contract year in order to maintain employment. Section 2. All new employees shall be required to complete twenty four (24 hours) of Journeyman Upgrading or Health and Safety courses per contract year. A new employee who is hired within the first six (06) months of contract year must complete 40 hours. Any employee who is hired after six (06) months of contract year must complete 24 hours. To maintain employment. Section 3. Upon the union and the Employers training schedule approval the union shall submit to the employers a list of classes, names and hours of members attended relating to the approved schedule.

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Section 4. In the event the approved training schedule and commitment is not met the employer and the union will agree to meet to negotiate the continuation of training contributions.

ARTICLE 22

DC #4 LABOR MANAGEMENT COOPERATION INITIATIVE

The parties of this agreement shall, as soon as is practicable, participate and implement the District Council #4 Labor Management Cooperation Initiative Program (DC#4 LMCI). Upon approval by the parties for implementation of the DC#4 LMCI Program, this agreement shall be deemed modified to include such provisions without the necessity of formal amendment.

ARTICLE 23

JOURNEYPERSON UPGRADE TRAINING CLAUSE

In accordance with Section 253 of the International Constitution, it is the intent of both parties to ensure a highly trained workforce. Therefore, these programs shall be offered by the District Council’s Finishing Trades Institute for advanced or upgrading journeyperson training as well as safety classes for all journeypersons working under this agreement.

ARTICLE 24

SUPREMACY The Employer agrees not to enter into any Agreement or contract with his Employees, who are performing work covered by this Agreement, individually or collectively, which in any way conflicts, with the terms and provisions of this Agreement. Any such Agreement shall be null and void.

ARTICLE 25 NO DISCRIMINATION CLAUSE

Any Employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his or her acts such officer of the Union nor shall there be any discrimination against any Employee because of Union membership or activities. Nor shall any Employee be discriminated against due to sex, race, creed, national origin, age, disability or sexual preference. No Employee fulfilling requirements of District Council #4 bylaws may be discriminated against for so doing. All Employee members will be qualified to perform all aspects of the trade.

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ARTICLE 26

JUST CAUSE The Employer may lay off for lack of work, and discharge any Employee as he may determine, provided such Employee is given specific reason.

ARTICLE 27 HIRING PROCEDURE

Section 1. The Union shall be the sole and exclusive source of referrals of applicants for employment. Section 2. The Employer Shall have the right to reject any applicant for employment based on ability. Section 3. The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules or regulations bylaws constitutional provisions or any other aspect or obligation of the Union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure. Section 4. The Union shall maintain a register of applicants for employment established on the basis of the groups listed below. GROUP 1. Glaziers and Apprentices GROUP 2. Fabricators and Glassworkers Section 5. If the registration list is exhausted and the Union is unable to supply applicants for employment to the Employer within 24 hours from the time of receiving the Employer’s request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure applicants without using the referral procedure. The Employer shall notify the Union promptly of the name, address and Social Security number of such directly hired employees. Section 6. Employers shall advise the Union of the number of applicants needed. The Union shall refer applicants to the Employer in the order of their places on the register. Section 7. Any applicant who is rejected by the Employer shall be returned to his appropriate place within his group. Section 8. The Employer will have the right to recall any employee within 6 months of layoff regardless of position on list.

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Section 9 Any new applicant entering into a entry level journeyperson shall be placed on a probation period to evaluate skills or any other training recommendations that maybe required. Upon ninety (90) working days of employment employer shall submit to the union a complete evaluation for review. The union and the employer will mutually agree upon pay rate prior to employment and where permissible by law.

ARTICLE 28 TOP WORKPLACE PERFOMANCE PLAN

Should any member referred for employment be terminated for cause, his or her referral privileges shall be suspended for two weeks. Should the same individual be terminated for cause a second time within a twenty-four (24) month period, his or her hiring hall referral privileges shall be suspended for two months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his or her referral privileges shall be suspended indefinitely. A termination shall not be considered as “for cause” for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his or her termination, unless and until the grievance is resolved in a manner that affirms the termination cause. For the purpose of this provision, a decision of the Joint Trade Board and/or an arbitrator shall be final and binding. The provisions in subsections (a) and (b) notwithstanding, a Termination Review Committee, composed of the members of the Joint Trade Board may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.

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ARTICLE 29 TRUST FUNDS

Contributions to the International Painters and Allied Trades Pension Fund, The Finishing Trades Institute and the Painters and Allied Trades Labor Management Cooperation Initiative 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Pension Fund”), the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows: a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article 6 of this Agreement to the Pension Fund, FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Pension, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the IUPAT Industry Pension Plan, the IUPAT Industry Annuity Plan, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections.

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2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures. b. The parties hereby further agree to be bound by all actions taken by the Trustees of the IUPAT Pension, the FTI and the LMCI Funds pursuant to the said Agreements and Declarations of Trust. 3. All contributions to the Funds described in paragraph 1 hereof shall be made at such time and in such manner as the Trustees of each respective Fund may require, and the Trustees shall have the authority to have certified public accountant audit the payroll, wage and other relevant records of the Employer for the purpose of determining the accuracy of contributions to each respective Fund. 4. If an Employer fails to make contributions to any of the Funds described in paragraph 1 hereof within twenty (20) days after the date required by the Trustees, such failure shall be deemed a violation of this Agreement and the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any provisions hereof to the contrary notwithstanding, and the Employer shall be liable for all costs of collecting the payments due, together with the attorneys’ fees and such penalties as may be assessed by the Trustees of each respective Fund. The Employer’s liability for payment under this provision shall not be subject to or covered by any “no strike” clause which may be provided or set forth elsewhere in this Agreement and such provisions shall not apply in the event of a violation of this clause. 5. Each of the respective Funds described in paragraph 1 hereof shall, at all times conform with the requirements of the Internal Revenue Code and other applicable laws and regulations so as to enable the Employer, at all times, to treat contributions to them as a deduction for income tax purposes.

FINISHING TRADES INSTITUTE OF WESTERN AND CENTRAL NEW YORK- By Agreement and Declaration of Trust dated January 12, 1999, the Employer(s) and the Union established the FINISHING TRADES INSTITUTE OF WESTERN AND CENTRAL NEW YORK- a. The Agreement and Declaration of the Trust shall become part hereto. b. Payment of benefits shall be based on hours worked.

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(BUFFALO) TRUST FUNDS 1. PAINTERS DISTRICT COUNCIL NO. 4 HEALTH & WELFARE FUND - By Agreement and Declaration of Trust dated September 28, 1966, the Employer(s) and the Union establish PAINTERS DISTRICT COUNCIL NO. 4 HEALTH & WELFARE FUND. a. The Agreement and Declaration of Trust shall become a part hereof. b. payment of this benefit shall be based on hours worked.

GLAZIERS L.U. #660 PENSION TRUST FUND - By Agreement and Declaration of Trust dated December 1, 1966 the Employer(s) and the Union established the Glaziers Local Union #660 Pension Trust Fund retirement Account Plan. a. The Agreement and Declaration of Trust shall become part hereof. b. Payment of Benefits shall be based on hours worked. Glaziers L.U. #660 SUPPLEMENTAL UNEMPLOYMENT BENEFIT FUND By Agreement and Declaration of Trust dated December 1, 1996, the Employer(s) and the Union established the Glaziers L.U. #660 S.U.B. Fund. a. The Agreement and Declaration of Trusts shall become part hereto. b. Payment of benefits shall be based on hours worked. The following shall apply to Glaziers L.U. #660 Pension Fund and the Glaziers L.U. #660 Unemployment Fund: a. Commencing with the date hereof and for the duration of this agreement and any renewals or extensions thereof the Employer agrees to make payment to the IUPAT Union and Industry National Pension fund for each employee covered by this Agreement in accordance with the schedule set forth in - Article 29 Wages or as determined by the membership. b. The employer hereby irrevocably designates as its representatives on the Board of Trustees such trustees as are now serving or who will in the future serve as employer trustees together with their successors. The Employer further agrees to be bound by all actions taken by the Trustees pursuant to the said agreement and Declaration of Trust as amended from time to time. c. All contributions shall be made at such time and in such manner as the Trustees require and the Trustees may at time conduct an audit in accordance with the Agreement and Declaration of Trust.

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d. If an employer fails to make contributions within twenty (20) days after the date required by the Trustees the Union shall have the right to take whatever steps are necessary to secure compliance with this agreement any other provision hereof to the contrary notwithstanding and the Employer shall be liable for all costs for collecting the payments due together with attorney’s fees and such penalties as may be assessed by the Trustees. The Employers liability for payment under this article shall not be subject to or covered by any grievance or arbitration procedure or any “no strike” clause which may be provided or set forth elsewhere in this agreement.

2. PAINTERS DISTRICT COUNCIL NO. 4 LABOR MANAGEMENT COOPERATIVE INITIATIVE TRUST FUND By Agreement and Declaration of Trust dated May 1, 2007 the Employer(s) and the Union establish the PAINTERS DISTRICT COUNCIL NO. 4 LABOR MANAGEMENT COOPERATIVE INITIATIVE TRUST FUND a. The Agreement and Declaration of the Trust shall become part hereto. b. Payment of benefits shall be based on hours worked.

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ARTICLE 30 GLAZIERS

WAGE AND FRINGE BENEFITS PACKAGE Effective May 1, 2018

WAGES FRINGES TOTAL Glazier $26.75 $21.67 $48.42 1. Foreman’s Pay Add $2.00 2. Height Pay Add $1.00 - whenever working on suspended scaffold (swing stage)

Fringe Benefits:

Health & Welfare Fund (PAP) $9.06 L.U. 660 Pension Fund $5.00 L.U. 660 S.U.B. Fund $1.30

I.U.P.A.T. Industry Pension Fund $5.16 D.C. #4 F.T.I.Training Fund $0.80 D.C.#4 L.M.C.I. $0.20 I.U.P.A.T. F.T.I. $0.10 I.U.P.A.T. L.M.C.I. $0.05

Total Fringe Benefit Package $21.67

In addition to the above wages and fringe benefits paid per hour worked, the Employer shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following: Administrative Dues Check-Off - Buffalo Building Trades Dues Check-off (Employee Deductions)-DC #4 Organizing Fund

Effective: 5/1/19 increase of $1.25 (allocation not to exceed 30% in check) 5/1/20 increase of $1.25 (allocation not to exceed 30% in check) 5/1/21 increase of $1.25 (allocation not to exceed 30% in check) Deductions Dues Check-off: Five per cent (5%) from gross wages. BBTC DCO (Buffalo Building Trades Dues Check-off) $0.02 per hours worked DC#4 Organizing Fund $0.05 per hour worked

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Note: Foreman pay shall be paid throughout job once rate is established regardless of crew size. In addition there will be an increase of $0.05 per hour to the DC #4 FTI Training Fund each year of this agreement, from the above increases.

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GLASSWORKER, FABRICATOR WAGE AND FRINGE BENEFITS PACKAGE

Employees hired prior to May 1st, 2010 Effective May 1, 2018

WAGES FRINGES TOTAL New Hire $13.54 $13.60 $27.14 1 Years Experience $14.63 $13.60 $28.23 2 Years Experience $16.30 $13.60 $29.90 3 Years Experience $16.91 $13.60 $30.51

4 Years Experience $17.59 $13.60 $31.19 5 Years Experience $18.70 $13.60 $32.30 6 Years Experience $20.00 $13.60 $32.60 Journeyman Fabricator $20.75 $13.60 $34.35 Supervisor 5 or more men Add $1.00 Fringe Benefits: Health & Welfare Fund (PAP) $7.21 L.U. 660 Pension Fund $2.39 I.U.P.A.T. Industry Pension Fund $3.40 D.C. #4 F.T.I. Training Fund $0.35 D.C. #4 L.M.C.I. $0.15 I.U.P.A.T. F.T.I. $0.05 I.U.P.A.T. L.M.C.I. $0.05 Total Fringe Benefit Package $13.60 Effective: 5/1/19 increase of $0.85 (allocation not to exceed 30% in check) 5/1/20 increase of $0.90 (allocation not to exceed 30% in check) 5/1/21 increase of $0.95 (allocation not to exceed 30% in check)

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Deductions: Dues Check-off: Three percent (3%) from gross wages. DC#4 Organizing Fund $0.05 per hour worked Increase: Yearly Pay increase shall be paid on next full week after anniversary date Once a member’s rate of pay is established from new hire, their date of hire shall apply to the next increase as long as they worked 1800 hours the previous twelve months. Employees who have lost time due to sickness or unemployment shall be entitled to an extension to accumulate the required number of hours.

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GLASSWORKER, FABRICATOR WAGE AND FRINGE BENEFITS PACKAGE

New Employees After May 1, 2010 Effective May 1, 2018

WAGES FRINGES TOTAL New Hire $12.74 $10.41 $23.15 1 Years Experience $13.74 $10.41 $24.15 2 Years Experience $14.74 $10.41 $25.15 3 Years Experience $15.24 $10.41 $25.65 4 Years Experience $15.74 $10.41 $26.15 5 Years Experience $16.24 $10.41 $26.65 Supervisor 5 or more men Add $1.00 Fringe Benefits: Health & Welfare Fund (PAP) $6.36 L.U. 660 Pension Fund $1.60 I.U.P.A.T. Industry Pension Fund $1.85 D.C. #4 F.T.I. Training Fund $0.35 D.C. #4 L.M.C.I. $0.15 I.U.P.A.T. L.M.C.I. $0.05 I.U.P.A.T. F.T.I. $0.05 Total Fringe Benefit Package $10.41 Increase shall be paid on next full week of payroll

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Effective: 5/1/19 increase of $0.85 (allocation not to exceed 30% in check) 5/1/20 increase of $0.90 (allocation not to exceed 30% in check) 5/1/21 increase of $0.95 (allocation not to exceed 30% in check) Deductions: Dues Check-off: Three percent (3%) from gross wages. DC#4 Organizing Fund $0.05 per hour worked Once a member’s rate of pay is established from new hire, their date of hire shall apply to the next increase as long as they worked 1800 hours the previous twelve months. Employees who have lost time due to sickness or unemployment shall be entitled to an extension to accumulate the required number of hours.

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RESIDENTIAL MAINTENANCE WAGES AND FRINGE BENEFIT PACKAGE

EFFECTIVE MAY 1, 2018 WAGES FRINGES TOTAL 1st YEAR $16.74 $13.60 $30.34 2nd YEAR $18.14 $13.60 $31.74 3rd YEAR $20.68 $13.60 $34.28 FRINGE BENEFITS: Health & Welfare Fund (PAP) $7.21 LU 660 PENSION FUND $2.39 I.U.P.A.T. Industry Pension Fund $3.40 D.C. #4 F.T.I. Training Fund $0.35 D.C. #4 L.M.C.I. $0.15 I.U.P.A.T. L.M.C.I. $0.05 I.U.P.A.T. F.T.I. $0.05 TOTAL FRINGE BENEFIT PACKAGE $13.60

INCREASE SHALL BE PAID ON NEXT FULL WEEK OF PAYROLL

Effective: 5/1/19 increase of $0.85 (allocation not to exceed 30% in check) 5/1/20 increase of $0.90 (allocation not to exceed 30% in check) 5/1/21 increase of $0.95 (allocation not to exceed 30% in check) Deductions: Dues Check-off: Three percent (3%) from gross wages. DC#4 Organizing Fund $0.05 per hour worked

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Increase: Yearly Pay increase shall be paid on next full week after anniversary date Once a member’s rate of pay is established from new hire, their date of hire shall apply to the next increase as long as they worked 1800 hours the previous twelve months. Employees who have lost time due to sickness or unemployment shall be entitled to an extension to accumulate the required number of hours. DEFINITIONS: RESIDENTIAL glazing shall only apply to the following: Installation of glass, metal, and related products in private residences, apartment buildings up to four stories which also include mirror installation, shower doors, and tub related enclosures.

MAINTENANCE glazing shall include all repair and replacement work such as glass breakage, glass replacement, door repair, board ups, and shop work. It should not include any work covered by prevailing wage rates. Any question regarding the work scope of this classification can be resolved by calling the Union prior to bidding. It is the intention of the Employer and the Union to provide prompt qualified service at a competitive rate and this may be changed with approval of the Employer and the Union. NOTE: When the Employees are working out of classification, that is on jobs excluded in the definitions above, they are to be paid glaziers wage and fringe package. Any questions should be directed to the Union for clarification on appropriate wage rate.

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BUFFALO GLAZIER APPRENTICE WAGE & FRINGE BENEFITS PACKAGE

Effective May 1, 2018

All Apprentices shall serve a four (04) year term. There shall not be more than one (01)

apprentice to each three (03) mechanics. District Council #4 FTI of Western &Central New

York shall place all apprentices, discipline and removal in same accordance with FTI of W &

CNY Rules and Regulations. The wage rate shall be a percentage of the Journeyman’s Wage Rate ($ 26.75)

The apprentice wage increase will occur when the apprentice works a minimum of 1,000 hours

during each period. In addition to the 1,000 hours all apprentices must comply with all other FTI of W & CNY requirements in order to advance.

Program Code

OJT Hours

% of Journey Rate

Rate Per Hour

Total Fringes

Total Package

1A 0000-1000 50% $13.38 $7.95 $21.33

1B 1001-2000 55% $14.71 $7.95 $22.66

2A 2001-3000 60% $16.05 $8.80 $24.85

2B 3001-4000 65% $17.39 $8.80 $26.19

3A 4001-5000 70% $18.73 $10.20 $28.93

3B 5001-6000 75% $20.06 $10.20 $30.26

4A 6001-7000 80% $21.40 $10.20 $31.60

4B 7001-8000 90% $24.08 $10.20 $34.28

Fringe Benefits: 1st Year 2nd Year 3rd Year 4th _Year

L.U. 660 Health $6.00 $6.00 $6.50 $6.50

L.U. 660 Pension $0.20 $1.05 $1.95 $1.95

D.C. #4 Apprentice $0.65 $0.65 $0.65 $0.65

I.U.P.A.T. Pension $0.75 $0.75 $0.75 $0.75

DC#4 LMF $0.20 $0.20 $0.20 $0.20

IUPAT LMCI $0.05 $0.05 $0.05 $0.05

IUPAT FTI $0.10 $0.10 $0.10 $0.10

Total Fringe Benefits Package $7.95 $8.80 $10.20 $10.20

Deduction: Dues Check-Off: Three percent (3%) from Gross Wages

DC#4 Organizing Fund $0.05 per hour worked

Rate: Percentage of Glazier Wages

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ARTICLE 31 TRAVEL TIME

Section 1. Driving Time - When driving a company vehicle it shall be considered hours worked and the regular hourly rate shall apply. An employee who is also riding in a company vehicle shall be paid his regular hourly rate providing employee is to report to a shop at the start of his shift. Section 2. Riding Time - Shall only apply when riding in a company vehicle outside the regular workday. The rate of pay shall be the New York State minimum wage scale per hour. Section 3. Mileage - Mileage shall be computed from the direct point at the end of the free zone to the jobsite. Employees’ reporting directly to the jobsite outside the free zone shall be paid mileage expenses at ($.40) per mile one way only. Starting May 1st, 2019, mileage expenses shall be paid at ($.40) per mile both ways, thru the duration of the contract. Section 4. Free zone shall be all of Erie County and Niagara County.

Section 5. Employees shall receive ($.40) per mile when traveling from jobsite to jobsite when using their own personal vehicle. When first reporting to work that shall be your first initial jobsite. When driving your own vehicle the employer shall pay all tolls and bridge fares accumulated outside the jurisdiction of Western New York Region. When driving a company vehicle all expenses shall be paid. Section 6. When parking fees are required they shall be reimbursed by the Employer, not to exceed ($10.00) a day. Section 7. Room & Board - Employees shall be paid reasonable room reimbursement, minimum $30.00 or actual cost with valid receipt, and also a $35.00 per day subsistence.

ARTICLE 32 JURY DUTY

Inside workers called for jury duty will be compensated the difference between their regular rate of pay and the pay received for jury duty based on a regular eight (8) hour day. Contributions to the various funds will be made only on the hours paid by the Employer for a maximum of two weeks once in four calendar years dating from June 1, 1997 and for four calendar year periods thereafter or as long as this section remains in any agreement existing between the Employees and the Union. When an employee serves more than two weeks on jury duty the Employer the Union and the employee will try to arrange a new work schedule during this period at a time and rate of pay mutually agreeable to all.

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ARTICLE 33 CREDIT UNION

The employer agrees to deduct from employees wages the amount specified by individual employees and forward as in the same manner as any benefit, payable by the 15th of the following month made payable to ____________________

ARTICLE 34 DRUG FREE AND ALCOHOL-FREE WORKPLACE

Section 1. The Employer shall have the right to institute, maintain, and require observance of a fair and consistent Drug and Alcohol Policy. Section 2. The parties to this agreement recognize the need to provide and maintain a drug-free and alcohol free workplace. Each party agrees that it will comply with any customer mandated substance abuse program. Further, all employees shall be bound, as a condition of employment, by the rules and provisions of any such substance abuse program, which may include the following types of testing: pre-employment, reasonable suspicion, post-incident where allowed by law. Section 3. All such substance abuse programs, rules or regulations, shall be submitted to the union for review prior to implementation by the Employer.

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ARTICLE 35 TOOL REQUIREMENT

The following tools are required as per the collective bargaining agreement of glaziers local 660. Each classification of workers may require different tools but it is simply the responsibility of each worker to provide there own personal hand tools. In the event a worker does not have proper tools it may effect work status. The list of tools shall be as follows: 1. TOOL BOX 14. CAULKING GUN

2. CLAW HAMMER 15. TAPE MEASURE 25 FT (minimum)

3. MALLETT 16. SMALL PRY BAR

4. WORK BOOTS 17. LARGE PRY BAR 5. HACK SAW & BLADES 18. SQUARES (speed & slide squares)

6. UTILITY KNIVE 19. LEVEL

7. RAZOR SCRAPER & BLADES 20. STRIKING TOOLS 8. VISE GRIPS 21. PUTTY KNIFES

9. PLIERS 22. PLUMB LINE

10. TIN SNIPS 23. CHALK LINE

11. PRUNNING SHEARS 24. WRENCHES (MISC) 12. SCREWDRIVERS (PHILIPS, STRAIGHTS) 25. CHISEL (MISC)

13. FILES(fine & course) 26. CENTER PUNCH

ARTICLE 36 DC #4 Glaziers & Glass Workers Local #660

Industry Fund

Section 1. The Industry Fund will be established as a labor management committee for the purposes set forth under Section 302(c)(9) of the Labor Management Relations Act, 29 U.S.C. 186(c). Contributions to the Industry Fund will be used to improve the competitiveness of Employers in the industry through (a) financial subsidies on specific jobs, (b) promotional activities to expand the market for glazing and glass worker services, (c) programs to promote the sharing of technical and business skills of Employers and workers and the development of new skills, and (d) the improvement of communication between the Employers and the Union. Section 2. The parties agree to be bound by the Agreement and Declaration of Trust establishing the Industry Fund and amendments thereto as may be made from time to time and hereby designate as their representatives on the Board of Trustees of the Industry Fund such Trustees as are named, together with any successors who may be appointed pursuant to the Agreement and Declaration of Trust. Section 3. For each hour worked (paid), on and after the effective date of this Agreement on a prevailing rate project under NYS Labor Law Section 220 where the prevailing rate of non-taxable fringe benefit fund contributions is greater than as

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otherwise set forth in this Agreement (the “Excess Amount”), the Employer shall pay the following amounts for all Employees of the Employer covered by this Agreement:

a. To the DC #4 Glaziers and Glassworkers Local #660 Industry Fund (the “Industry Fund”), the sum of one dollar and fifty cents ($1.50), for each hour worked ; and

b. To the Painters District Council #4 Health and Welfare Fund and

the Glaziers Local #660 Pension Fund, such amounts per hour worked as the Union shall direct pursuant to vote of the membership, effective as of the date of this Agreement, and on each anniversary of this Agreement. In no event, however, shall the sum of the amounts set forth in a. and b. of this Section 3. be more than the Excess Amount.

Section 4. Payments to the DC#4 Glaziers and Glass Workers Local #660 Industry Fund shall be paid no later than the 20th day following the end of the month for which payments are due. One check for the total amount due shall be remitted to Glaziers Local #660 Trust Funds Office by the 20th day of that month.

ARTICLE 37 DURATION AND EXPECTATION

1. This agreement shall take effect on May 1, 2018 and shall expire on April 30, 2022 at 12:00 midnight. 2. In the event the Employer and Union desire to extend the terms of this Agreement for another year to expire on the subsequent anniversary date such extension shall be in writing executed by the Employer and the Union through their duly authorized officers. If either party desires to negotiate changes in this agreement for a subsequent year or years that party shall serve notice in writing upon the other at least sixty (60) days but not more than ninety (90) days prior to the expiration date of the changes desired. Every effort shall be made to consummate the negotiations at least fifteen (15) days prior to the expiration date. 3. Any provisions in this Agreement or application of such provisions or circumstances which shall be in conflict with any Federal or State legislation or which shall be held invalid or unenforceable by a court of law or equity or by an administrative governmental agency with appropriate jurisdiction shall not render the balance of this Agreement null and void. The Employer and Union shall meet within thirty (30) days after such provisions has been declared null and void or unenforceable to negotiate a substitute provision and incorporate same within the balance of the otherwise valid Agreement.

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The Undersigned Employer and I.U.P.A.T. District Council #4 Glaziers of Western New York agree to be bound by this Agreement May 1, 2018 through April 30, 2022. ___ _____ Employer-Corporate or Company Address City State Zip Phone Fax Tax I.D. Number Worker’s Compensation Ins. Co. Worker’s Comp. Ins. Policy No. Expiration date of Worker’s Comp. Policy Employer Signature and Title Union Representative Signature and Title Date

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MARKET RECOVERY AGREEMENT

Section 1. Market Recovery wage and benefit rates shall apply to the following type of work performed such as: Hotels and Motels four stories or less, privately owned nursing homes and independent living facilities, franchise restaurants, gas stations, standard retail storefront not to exceed three stores. And any other projects that may be designated by District Council #4. Section 2. The following conditions shall apply to the Market Recovery Projects. a. There will be no restrictions on tools or production. b. The work week shall be Monday through Friday. c. All work performed more than 8 hours a day and 40 hours in any week shall be paid at the rate of one and one half the rate at straight time. d. Market Recovery rates shall only apply to projects that are privately funded. e. Apprentice ratio may be as low as one to one. f. Any terms and conditions of the Master Agreement when Market Recovery Projects are adhered shall apply. g. The wages and fringe benefits for Market Recovery Projects shall be that of residential glaziers, also apprentices are permitted.

Definition: Standard retail storefront consist of basic storefront which includes frames and entrances but not to include curtain wall, radius frames and

vestibules. Any storefront more than one story high shall not be considered standard retail storefront.

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IUPAT Pension Funding Improvement Plan The IUPAT Pension Funding Improvement Plan (FIP) requires increased contributions, to the IUPAT Pension Fund, over the next five years (2017 – 2021). The increase needs to be equal to 50% over the contribution rate in effect on January 1, 2012, which was $ 3.51 (Journeyman) and $ 0.47 (Apprentices). The FIP therefore requires that the IUPAT Pension have an hourly contribution of $ 5.27 (Journeyman) and $ 0.71 (Apprentices) by December 31, 2021. The beneficiaries will earn a 2% accrual on the increases. If the goal isn’t met by December 31, 2021, a default schedule will be put in place that will require a 9.5% increase in contributions and participants will receive no benefit accrual for such contributions. To that end the following is agreed upon: Beginning May 1, 2018, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make a contribution of $5.16 (Journeyman) and $0.75 (Apprentices) to the IUPAT Industry Pension. The parties agree that no later than January 1, 2021, the contribution rate to the IUPAT Industry Pension Fund for each journeyman hour, or portion thereof, worked shall be increased to $5.27

HEAT & FROST INSULATORS

AGREEMENT

BETWEEN

THE INTERNATIONAL ASSOCIATION OF HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL NO. 30

SYRACUSE, NEW YORK

AND

THE SYRACUSE INSULATION CONTRACTORS

EFFECTIVE

MAY 1, 2015 THROUGH APRIL 30, 2020

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Agreement between the Syracuse Insulation Contractors Association and

the International Association of Heat and Frost Insulators and Allied Workers Local No. 30 Syracuse, New York

Effective May 1, 2015 through April 30, 2020

THIS AGREEMENT, made and entered into this 1st day of May, 2015 by and between

the Syracuse Insulation Contractors Association (hereinafter called the “Association”) on behalf of its members (hereinafter called the “Contractors” or “Employers”) and the International Association of Heat and Frost Insulators and Allied Workers Local No. 30 of Syracuse, New York (hereinafter called the “Union”). This Agreement shall be binding upon the Employers individually and as members of the Association and upon the membership of the Union individually and as the members of the Union. This Agreement succeeds the labor contract adopted on May 1, 2012 and extended from year to year thereafter as amended from time to time.

ARTICLE I – GEOGRAPHIC JURISDICTION

Section 1. This Agreement shall be binding within the New York counties of: Cayuga, Chemung, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, Schuyler, Seneca, St. Lawrence, and Tompkins. Broome and Tioga counties remain in the Union’s geographic jurisdiction, but have different wage and fringe benefit schedules. The Rand McNally’s map shall be considered the official map of the trade. Section 2. The exception to the Union’s geographic jurisdiction as describe above will be that all work performed in the Counties of Broome, Chemung, and Tioga will be performed under the highest conditions of employment, wages, transportation, board allowance and any fringe benefits as may be in effect by agreement of either Local #30 or Local #38. Fringe benefits shall be payable to the home local as described in Section 3 of this Article. The jurisdiction over all operations performed in this area will rest within the Local Union in whose territory the shop executing the work is located. In instances where an employer maintaining a shop outside of the territory of these two Locals is executing a contract in this area, the Local Union having jurisdiction over the job will be determined by the General Office.

Section 3. No more than one (1) member-Mechanic (Job foreman) can work on any one (1) operation of any one (1) employer within the jurisdiction of another local union, unless there is a shortage of labor in that jurisdiction. The Employer is privileged to send the Mechanic (Job foreman) as outlined above, but cannot bring a Mechanic (Job foreman) into an area where he is already bound by a collective bargaining agreement. Such members must conform to the working rules and trade agreements of the local union under whose jurisdiction they work, and said union they must notify no later than twenty-four (24) hours after starting said work. They shall receive the wage rate highest in either of the two Locals, and the higher board or travel allowance applicable to the particular job site, and shall receive the fringe benefits of their home local, which shall be payable to their home local in accordance with its administration of same. They shall work under the working conditions, such as hours and observed holidays, of the contract of the local in whose jurisdiction the job is located. For the purpose of the Article, the

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term “fringe benefits” include welfare and pension funds, but not vacation funds, which for the purpose of the Article are included as wages. Agreement on compensation shall be reached before sending anyone into another territory. No Employer can send or bring a Mechanic into an area where they are already bound by a collective bargaining agreement unless mutually agreed upon by all parties concerned.

ARTICLE II – WORKING HOURS

Section 1. The regular work day, Monday through Friday, will be continuous eight (8) hours between 7:00 a.m. and 5:00 p.m. with a one-half hour for lunch between 12:00 noon and 12:30 p.m. The starting time will be set by the Employer. No employee shall work any other hours unless authorized by the Employer. Section 2. Any employee leaving the job during hours shall notify the Employer prior to leaving and prior to 9:00 a.m. should the employee not report to the job at all. The absence of any employee during the regular work day who has not notified the Employer shall be considered unauthorized. Section 3. The Employer has the ability to work five (5) eight (8) hour days or four (4) ten (10) hour days only on 40 hour work weeks. While working a 4-10 hour shift, Friday may be used as a makeup day if a workday is missed due to inclement weather or safety concerns at the employer’s discretion. Section 4. Employees shall be considered at work for a shop from the time they accept employment and they shall proceed to and execute said work in a faithful and workmanlike manner. The Employer agrees that when a bargaining unit employee is laid off, the employee shall be given four (4) hours notice with the opportunity to finish working or notice can be waived by the Employer in which the employee shall be paid all economic conditions due and owed by the terms of this collective bargaining agreement. Section 5. Any employee who reports for work and is unable to begin work because of inclement weather or any other unforeseen condition or who reports for work as previously directed will be entitled to a travel expense of $50.00. The Contractor must notify the worker one (1) hour before the start of the shift if the shift is to be cancelled. Workers must provide the Contractor with a valid phone number where they can be reached before the start of their assigned shift. If a worker reports for work and work is provided, the worker will be paid for a minimum of two (2) hours or the actual hours worked.

ARTICLE III – APPRENTICES

Section 1. The ratio of Apprentices may equal, but not exceed a ration of one (1) Apprentice to three (3) Mechanics employed in a shop. Implementation of this ratio on a shop basis will be as follows:

1st man in the shop Must be a mechanic 2nd man in the shop May be either an apprentice or a mechanic 3rd man in the shop May be an apprentice if the first two men were mechanics

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otherwise must be a mechanic 4th man in the shop May be an apprentice if the first three men were mechanics otherwise must be a mechanic 5th man in the shop Must be a mechanic if the first four men include an

apprentice 6th man in the shop May be either an apprentice or a mechanic (the overall ration after each 4 men does not exceed 3 to 1) Section 2. No apprentice shall execute work unless in the company of a Mechanic

except when the Mechanic fails to report for work. Whenever this occurs, the Apprentice shall not be laid off or in any manner terminated and shall not suffer lost wages or expenses.

When a Mechanic fails to report for work in the daily expense zones, a one (1) day grace

period will be granted and in board zones a work week (Monday through and including Friday of the same calendar week) or any part of the same week shall be granted as a grace period. During the grace period, an apprentice will be paid his/her Apprentice wage.

Apprentices shall be governed by the rules and regulations as set forth by the New York

State Bureau of Apprentices and/or the Syracuse Joint Apprenticeship Committee. The Association and the Union shall comply and adhere to decisions made by the Joint Apprenticeship Committee. Whenever the word “Apprentice” is used, it shall also be construed to mean “Improver.”

An Employer that is not an approved Employer by the requirements of the New York

State Bureau of Apprenticeship Training shall receive said approval. In the interim, only indentured Apprentices of the State of New York may be used.

ARTICLE IV – OVERTIME AND HOLIDAYS

Section 1. All labor in excess of the “regular” workday will be paid as overtime. All

overtime will be time and one half for the ninth and tenth hours Monday through Friday as well as the first ten hours on Saturday. All other overtime will be double time, including Sundays. The rates apply to jobs of all sizes. All overtime must be authorized by the Employer.

Section 2. The observed holidays are: New Year’s Day, Easter, Memorial Day,

Independence Day, Thanksgiving Day, and Christmas Day. No work shall be performed on Labor Day except in special cases of emergency and then only when triple (3) time is paid. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

Section 3. Employees working on a job that requires overtime will be given first

preference for the overtime on an equitable basis. If additional employees are required for the overtime work, first consideration will be given to the members of Local #30 employed by the shop performing the overtime. All other members of Local #30 will be considered next in the event the Employer performing the overtime cannot satisfy manpower requirements in his own shop. When it is necessary to bring or send Employees to an overtime job from other jobs, the employees shall not receive any travel time to and from the job. No continuous overtime shall be worked by an Employer when Local #30 has unemployment because of a shortage of work.

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Section 4. Overtime work at reduced rates on existing building or buildings will be considered when mutually agreed upon by the Union and the Association. Section 5. Shift Work Clause with no Minimum Shift Duration. Any shift may be worked regardless of there being a regular day shift or not. The following rates will apply on all Contracting agency mandated shifts worked between the hours listed below (All shifts are eight (8) hours pay for eight (8) hours work): SHIFT FIRST $30.15 SECOND $34.67 THIRD $37.69

Prior to the start of any shift work, a representative of the Employer and the Union shall meet to determine shift requirements, if any. In occupied buildings, the Employer may choose to work any shift as required by the job conditions. Manpower on the second and third shift will not exceed the manpower on the first shift. No person will work more than one shift. Employees working for a Contractor starting shift work will have preference to the shift they work.

ARTICLE V – DISPUTE RESOLUTION PROCEDURE

Section 1. All grievances shall be handled in accordance with this Dispute Resolution Procedure.

Section 2. A grievance is defined as a disagreement arising as to the meaning,

interpretation, or application of this Agreement, or a disagreement arising as to the compliance with this Agreement, between an employee, a group of employees, or the Union, and any Employer or Employers who are members of the Association or signatories to this Agreement.

Section 3. A grievance involving an employee or group of employees shall first be

discussed between the supervisor or supervisors of such employee(s) and the union representative or representatives representing such employee(s). If a mutually acceptable resolution is not reached by means of such discussion, the matter shall be submitted for resolution pursuant to Section 4 of this Article.

Section 4. All grievances not brought by or on behalf of an individual employee or

group of employees, and all grievances brought by or on behalf of an individual employee or employees which are not resolved pursuant to Section 3 of this Article, shall be submitted by written notice for all parties involved for resolution through discussions between a Union representative and a representative of the Employer(s) involved. Failure of the Employer(s) involved to respond to such notice within ten (10) days by offering reasonable dates and times for the representatives to meet and commence such discussions shall result in the grievance being upheld. If the Union representative and Employer representative are unable to reach a mutually acceptable resolution to the dispute, the matter shall be referred for resolution to the Joint Trade Board pursuant to Section 5 of this Article.

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Section 5. There shall be a Joint Trade Board consisting of two (2) representatives

selected by the Association and two (2) representatives selected by the Union. Said Joint Trade Board shall meet to resolve any grievance not resolved pursuant to Section 3 and 4 of this Article within three (3) days of the discussion pursuant to Section 4 of this Article. The Joint trade Board shall render its decision within ten (10) days of its first meeting regarding the grievance. Such decision shall be final and binding upon all parties involved in the dispute. Extensions of deadlines provided in this paragraph shall be permitted on mutual consent of the Union and Association.

Section 6. If the Joint Trade Board is not convened in a timely fashion and/or does

not render its decision in a timely fashion as required by Section 5 of this Article, the Union or any Employer involved in the grievance may provide notice to all other parties involved of its desire to submit the dispute to an impartial arbitrator for a final and binding decision. The arbitrator shall be selected from a panel of qualified arbitrators from the Federal Mediation Conciliation Service or the American Arbitration Association, using an alternating striking method. Related arbitration costs shall be shared by the parties.

ARTICLE VI –SUBCONTRACTING

The Employers agree that they shall not sublet or contract out any work described in this Agreement, and the Union agrees not to contract, sub-contract, or estimate on work, nor allow its membership to do so, nor act in any trade capacity other than that of workman. No job foreman, mechanic, or any other employee covered under this Agreement shall fire or hire any other employee or have any authority to represent an Employer in labor relations. It is also agreed that no member of a firm or officer of a corporation or their representatives or agents shall execute any part of the work of application of materials, and in no case shall any member of the Union estimate on or give any labor figures.

ARTICLE VII – RECOGNITION

Section 1. The Employers recognize the Union as the exclusive bargaining agent for

Mechanics and Apprentices who perform any of the duties described in this Agreement. Just as the Employers recognize the Union as the sole bargaining agent as depicted above; the Union shall recognize the Employer signing this Agreement as the bargaining agent and shall always offer this group the most favorable agreement for the work force that they represent. The foregoing clause shall not apply to wages, benefits, or other terms and conditions of employment entered into by the Union pursuant to a project labor agreement.

Section 2. By executing this Agreement, the Employer acknowledges that the Union

has submitted proof that it is the majority representative of employees of the Employer in the collective bargaining unit, and that the Union is requesting, and the Employer is hereby granting, recognition as exclusive bargaining representative under Section 9(1) of the National Labor Relations Act, as amended, of the Employer’s employees in the bargaining unit. The agreed upon bargaining unit is the contract unit under this Agreement.

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ARTICLE VIII – WAGE AND BENEFIT RATES

Section 1. The Employers hereby agree to pay Mechanics and Apprentices at the following hourly rates from May 1, 2015 through April 30, 2016. CLASSIFICATION WAGE WELFARE PENSION ANNUITY JAC IAF LMCT TOTAL MECHANIC $30.15 $8.92 $9.00 $2.00 $0.23 $0.02 $0.05 $50.37 4TH YEAR APPR $24.12 $8.92 $9.00 $2.00 $0.23 $0.02 $0.05 $44.34 3RD YEAR APPR $21.11 $8.92 $9.00 $2.00 $0.23 $0.02 $0.05 $41.33 2ND YEAR APPR $18.09 $8.92 $9.00 $0.00 $0.23 $0.02 $0.05 $36.31 1ST YEAR APPR $15.08 $8.92 $9.00 $0.00 $0.23 $0.02 $0.05 $33.30 SHIFT FIRST $30.15 SECOND $34.67 THIRD $37.69

The Employers hereby agree to an additional increase in the total package of $1.51/hour for the contract period May 1, 2016 through April 30. 2017. The Employers hereby agree to an additional increase in the total package of $1.56/hour for the contract period May 1, 2017 through April 30. 2018. The Employers hereby agree to an additional increase in the total package of the cost of living for the contract period May 1, 2018 through April 30, 2019. Cost of living is to be determined by the U.S. Department of Labor Statistics Consumer Price Index for all Urban Consumers, Northeast Region, all items 1982-84 = 100 for the period of January 1, 2017 through December 31, 2017. The increase will be at least two (2) percent but no more than four (4) percent of the total wages and benefits agreed to for April 30, 2018. The Employers hereby agree to an additional increase in the total package of the cost of living for the contract period May 1, 2019 through April 30, 2020. Cost of living is to be determined by the U.S. Department of Labor Statistics Consumer Price Index for all Urban Consumers, Northeast Region, all items 1982-84 = 100 for the period of January 1, 2018 through December 31, 2018. The increase will be at least two (2) percent but no more than four (4) percent of the total wages and benefits agreed to for April 30, 2019. Foremen will be designated by the Employers. General Foremen shall be paid the following hourly amounts in addition to the mechanic hourly wage rate:

1. 3-5 workers: $2.00 2. 6-14 workers: $3.00 3. 15 + workers: $4.00

Sub-foremen shall be paid $2.00 per hour in addition to the hourly mechanic rate.

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All of the above rates shall remain in effect until the termination of this Agreement. All working foremen will be selected from members of Local #30.

Section 2. The Employers agree to pay the Trustees of the Asbestos Workers Syracuse Welfare Fund and Asbestos Workers Syracuse Annuity Fund an aggregate rate of $ 10.92 per hour on each hour worked by employees covered by this Agreement, to be used for the purpose of said Fund as set out in the Trust Agreement.

The Employers agree to pay the Trustees of the Asbestos Workers Syracuse Pension

Fund at the rate of $9.00 per hour on each hour worked by employees covered by this Agreement, to be used for the purpose of said Fund as set out in the Trust Agreement.

The Employers agree to pay to the Trustees of the Apprenticeship Training Program at

the rate of $0.23 per hour on each hour worked by employees covered by this Agreement, to be used for the purpose of said Fund as set out in the Trust Agreement.

The Employers agree to pay to the Trustees of the Industry Advancement Fund (“IAF”)

at the rate of $0.02 per hour on each hour worked by employees covered by this Agreement, to be used for the purpose of said Fund as decided by the Association. If operation of the IAF proves unsatisfactory to the Union, the Union will exercise the option of not allowing it to be renewed into the next Agreement.

THE HEAT AND FROST INSULATORS AND ASBESTOS WORKERS LABOR-MANAGEMENT COOPERATIVE TRUST Section 1. Commencing as of the effective date of this Agreement, and for the duration of this Agreement, the Employer agrees to make payments to The Heat and Frost Insulators and Asbestos Workers Labor-Management Cooperative Trust (LMCT) for each employee covered by this Agreement, as follows: (a) For each hour worked, for which an employee works, the Employer shall make a contribution of five cents (.05) to the LMCT. These finds will be sent to the LMCT on a monthly basis via the Local union Financial Secretary Monthly Financial Report. (b) For the purpose of this article, each hour worked, shall be counted as hours worked for which contributions are payable. (c) Contributions shall be paid on behalf of any employee starting with the employee’s first day of employment in a job classification covered by this Agreement. This includes, but is not limited to, insulation workers, firestop workers, and hazardous waste workers in the following classifications: journeymen, apprentices, helpers, trainees and probationary employees. (d) The Employer and Union signatory to this Agreement agree to be bound by and to the Agreement and Declaration of Trust, as amended from time to time, establishing the LMCT

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If any of these increases is placed into the benefit funds, it will be prorated for apprentices according to their percentage of wage scale. If for any reason, any of these funds cease to exist, then such contributions will be added to the hourly wage.

The Agreements and Declarations of Trust of the Funds described herein shall be considered as parts of this Agreement in the same manner as if they were fully set forth herein. The Employers agree to be bound to the policies and procedure adopted by said Trustees in accordance with applicable law. Any Employer shall post a payment bond for wages and fringe benefits, when and if requested by these Trustees. If for any reason any of these Funds cease to exist, then such contributions will be added to the hourly wage.

All Employer contributions to said Funds shall be made monthly no later than the tenth

(10th) day of the month following the month during which the hours for which contributions are required are worked, upon remittance forms furnished by said Funds. Employers will be granted a five (5) day grace period after the tenth (10th) of the month, after which a written notice may be sent by the Union and the Employer will have five (5) days after receipt of the notice to remit the contributions. Any Employer delinquent in reporting and making contributions to the Funds shall be assessed interest on the amount of delinquent contributions at the rate of two percent (2%) per month from the date the monies were due (the tenth (10th) day of the month), liquidated damages of twenty percent (20%) of the delinquent contributions, auditing fees, and attorneys and paralegals fees and costs. A delinquent Employer shall also pay the Funds’ and/or Union’s legal fees and related expenses incurred by the Funds and/or Union in attempting to obtain the Employer’s compliance with the foregoing provision, in attempting to obtain an audit, and in attempting to collect, and in collecting, the Funds’ monies. A delinquent Employer shall also pay the costs of any audit of payroll records of the Employer.

Notwithstanding any provision in the Agreement to the contrary, the Union shall also have the right to strike and/or boycott any Employer who is delinquent in contributions, and the Employer shall be liable for payment of any wages and fringe benefits lost by its employees as a result of such action. Such action will not constitute a violation of any “no strike” provision in the Agreement, and the Employer shall have no right to damages for such action. The use of the grievance and arbitration machinery set forth in the Agreement is waived by any such delinquent Employer.

Furthermore, the Funds and/or the Union may require an Employer to post a payment bond to secure payment of wages, expenses, and fringe benefits contributions.

The Union agrees to indemnity and save the Employers and each of them harmless against any claim, after payment is made to the administrator of Funds as described herein. It is agreed that all or any part of any rate increases will be used by the employees in their Welfare or Pension Funds or any Funds mutually agreed upon per the recommendations of the Fund Trustees and Professionals. Section 3. Notwithstanding any provision in the Agreement to the contrary, the Union and Association agree to allocate contributions to the Annuity Fund and Welfare Fund effective May 1, 2015. The aggregate contributions by Employers of $10.92 per hour worked shall be directed

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to the Annuity Fund and Welfare Fund in accordance with the attached Schedules A, B, C, D and E. These allocations have been agreed to between the Association and the Union and will not be adjusted except by mutual agreement and no more frequently than annually. Schedule A, B, C, D and E reflect certain percentages of the $10.92 aggregate amount. In the event that the aggregate amount changes then the percentage allocation shall continue.

Section 4. Upon 30 days written notice any part of the above wages may be used for

“Dues Check Off” in accordance with the Union’s constitution and by-laws. Dues Check-off consists of Local 30 Dues, Vacation Fund, Charity Fund, Legal Fund, and Health and Hazard Fund and will be $4.40 per hour.

Section 5. Vacation schedules shall be accomplished by April 1st of each year and any request for vacation after April 1st of each year will require two weeks’ notice. No more than 20% of the shop may be on vacation at any one time. Conflicts in vacation schedules shall be settled with preference given to the individual having the greater length of service in the shop. Section 6. The Employer will furnish time cards and the employees shall fill out the time cards in their entirety and return them to the Employer as requested by the Employer. Time cards shall be in the Employer’s office by 11:00 a.m. on Monday or postmarked 12:00 noon on Saturday if mailed or the employee will not be paid that week. All checks will be postmarked on Tuesday and, if paid on job site, no later than Thursday. Section 7. Payment of all wages and expenses shall be weekly on the job or at the shop on the day designated by the shop as pay day. Employees shall he paid promptly upon termination of the job, at the office; during regular working hours or as authorized by the individual and shall at the time of termination receive the required New York State Termination Notice. A termination notice agreed upon by the Trade Board will be given to the Employee and a copy put on file at the Union Office. Any dispute with this procedure will be handled by the Trade Board Grievance Committee.

Section 8. If for any reason during the life of this Trade Agreement, a wage and/or price freeze should be enacted by the government, then, when the freeze is lifted, the economic features of this Trade Agreement will be treated as if no freeze had been enacted.

ARTICLE IX – BOARD AND TRAVEL

Section 1. Employees shall receive board and/or travel expenses on all jobs located beyond a 30 mile radius of Clinton Square, Syracuse, New York as follows: Downtown Syracuse $8.00 per day maximum Distance 30-40 miles $12.00 per day 40-50 miles $22.00 per day 50-100 miles $35.00 per day + half travel time 100 and over $45.00 per day + half travel time

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except Romulus, Norwich, and Milliken Station will be considered in the 50 to 100 mile zone. There are no expenses for members who are working in Broome and Tioga counties.

Section 2. No Carfare. The Employers also agree: 1. The travel time will be paid for board jobs on the return trip only. Travel times based

upon automobile time to be taken during the workday, unless otherwise directed by the Employer. If the employee works an 8 hour or longer day, he shall be paid time and one-half for the return trip.

2. That board will be paid for Holidays that fall on Tuesday, Wednesday, and Thursday

providing the employee works the day prior to and the day following the Holiday. 3. Company Vehicles: When company vehicles are to be used, the person or persons shall

leave the company office at 8:00 a.m. and return to the company office by 4:30 p.m. Any time spent before 8:00 a.m. and after 4:30 p.m. will be paid on overtime travel basis. No daily travel expenses will be paid.

ARTICLE X – LETTER OF INTENT

Payments listed in Article VIII and IX apply to all classifications mentioned in Article XIV. All Employers, not signatory to Trade Agreement, must sign a Letter of Intent binding them to the terms of the Trade Agreement.

ARTICLE XI – WORK RULES

This Agreement covers the rates of pay, rules, and working conditions of all Mechanics and Apprentices covered by this Agreement and employed by an Employer signatory to or otherwise committed to abide by this Agreement, regardless of the location of their employment within the jurisdiction of Local #30, when they are engaged in the preparation, fabrication, alteration, application, erection, assembling, molding, spraying, pouring, mixing, handling, adjusting, repairing, dismantling, reconditioning, maintenance, finishing, and/or weather-proofing of cold or hot thermal insulation with such materials as may be specified when these material are to be installed for thermal purposes in voids, or to create voids, or on either piping, fittings, valves, boilers, ducts, flues, tanks, vats, equipment, or on any hot or cold surfaces for the purpose of thermal control. This is also to include all labor connected with the handling and distribution of thermal insulating materials on job premises and all other such work that is within the jurisdiction of Local #30. This article does not include the manufacture of pipe coverings and/or fittings in one piece halves or the facing of flexible blanket duct insulation. Work Rules: 1. The worker shall be at his/her assigned work place and ready to begin work

at the designated starting time. 2. The worker shall remain actively working at his/her assigned work place

until the designated stopping time.

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3. There will be one 15-minute break to be taken at the work location in the

morning. 4. Lunch break will be a period of 30 minutes.

ARTICLE XII - COMPLAINTS

Complaints arising from inferior workmanship may be referred to the Joint Trade Board and all found contributing to it penalized or complaints will be referred to Local #30 Executive Board for appropriate action as authorized under their International Constitution and By-Laws or Local Autonomy. Parties to the Agreement will be informed of charges against any and all parties by previous notification. The Union agrees there shall be no limitations or restrictions placed upon the individual working efforts of employees.

ARTICLE XIII – UNION OFFICE

The Union shall have a permanent office address with telephone service, where their Business Agent or authorized officer can be communicated with between 8 a.m. and 5 p.m. each working day for the purpose of answering inquiries and providing necessary service to the trade.

ARTICLE XIV – HIRING PROCEDURE The hiring procedure shall operate as described in this Article. 1. If an applicant on the out-of-work list refuses two jobs (excluding nuclear and asbestos

work or on disability or compensation), the applicant will be moved to the bottom of the list.

2. When an Employer requires employees, the Employer shall request that employees be

referred to him through the hiring procedure provided for herein. 3. The Union shall refer applicants for employment without discrimination against such

applicants by reason of membership or non-membership in the Union, or on the basis of race, creed, color, sex or national origin and such selection and referral shall not be affected, in any way, by rules, regulations, by-laws, constitutional provisions or any other aspects or obligations of Union membership. Neither shall the Employer discriminate against any Employee or applicant for employment because of race, creed, color, sex or national origin.

This obligation not to discriminate in employment includes but is not limited to the following: hiring, placement, upgrading, transfer or demotion, recruitment, advertising or solicitation for employment, training during employment, rates of pay or other forms of compensation, selection for training including apprenticeship, layoff or termination of employees.

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4. The Union shall maintain a list of persons available for employment. This list will be

made available to the Employers when requested by them. Contractors have the ability to hire any employee on the list regardless of their position on the list. This list shall contain the following groups of employees:

Group I - Mechanic: Persons of Local #30 possessing an International Association’s

Mechanics card and/or such other persons as afforded mechanic status by and through the Joint Apprenticeship Committee of the Syracuse Insulator Training Fund.

Group II - Apprentices: Indentured apprentices under the Syracuse Asbestos Workers

Training Program and the authority of its Joint Apprenticeship Committee. Group III - Mechanics: Mechanics from outside the Jurisdictional territory of Local

#30, Insulation Workers, who are accepted mechanics within the Insulation Construction Industry, and shall be used when Group I list of available persons has been exhausted.

Group IV - Student Help: It is hereby understood between the parties that the Employer

may employ student workers in the category of Helper at the rate specified in the Contract for that classification but with the following conditions applying: (1) such student workers may be hired only if all regular Employees are fully employed and only for such periods as full employment is maintained for all regular Employees; (2) such student workers may be hired only between May 15th and September 15th of each year; (3) such student workers will be considered as temporary employees only; (4) in the event of lay-off these student workers will be laid off first before any regular employees; (5) such student workers will not be based upon any work calling for a Journeyman, Improver, or Apprentice.

Group V: (a) Any applicant not in Groups I or III; or (b) Any applicant not in Groups II or IV. 5. If the list of persons for Employment in all groups is exhausted and the Union is unable

to refer persons qualified and acceptable to the Employers as provided above within forty-eight (48) hours from the time of receiving the Employer’s request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure applicants without using the referral procedure but shall maintain the ratio. Prompt notification will be given the Union when such applicants are hired giving the name, social security number and address.

6. Layoffs shall be in the reverse priority than that of the Hiring Procedure. 7. Disputes arising from this procedure shall be submitted to arbitration by either party,

before the Joint Trade Board (as outlined in Article V) at a regular or special meeting called for this purpose. Within 5 days after the request of arbitration the Joint Trade Board not being able to satisfy disputes, then the New York State Board of Mediation will select the arbitrator. The arbitrator’s decision will be final and binding; and the cost of the arbitrator shall be shared equally by the Union and the Syracuse Insulation

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Contractors Association and/or Contractors signatory to this Agreement. 8. The list of available employees shall be in chronological order of the date and time that

each became available. When an employee receives employment, his name will be removed from the list unless he works 10 days or less and is terminated, in which case his name will be returned to the same place in the available for work list that is occupied when he was referred for such work.

9. Any employee may refuse a job for any reason, in which case he shall retain his position

on the Out-of-Work List. However, if any employee accepts a job but refuses the employment on arrival at the job site or fails to report to the job, his name shall be placed on the bottom of the Out-of-Work list.

10. A Non-Signatory Employer requiring help shall advise the Business Agent of the number

of positions to be filled. The Business Agent shall then refer from the top of the list the number and status requested.

11. Any person who is refused by the Employer shall be returned to his appropriate place

within his group and shall then be referred to other employment in accordance with the position of his group and his place within it as other requests are received from other Employers.

12. No employee shall be referred unless requested if he has been discharged for cause by the

asking Employer. Any employee laid off may be re-hired by his/her most recent Employer within 10 working days of the layoff date.

13. The Union agrees to indemnify and save the Employers and each of them harmless

against any claim against the Employers and each of them which shall arise out of or by reasons of the Union’s improper application of the foregoing provisions of Article XIV.

14. The Employers agree to indemnify and save the Union harmless against any claim

against the Union which shall arise out of or by reason of the Employer’s improper application of the foregoing provisions of Article XIV.

ARTICLE XV – AMENDMENT

The Joint Trade Agreement shall become effective May 1, 2015 and shall be rigidly observed until its expiration on April 30, 2020, during which time neither party to it shall continue to enforce or create any rule or by-law conflicting with its provisions. Either party hereto, however, may reopen said contract ninety (90) days prior to the annual anniversary of said Agreement for reasons other than for the monetary items and shorter hours. The parties hereto may change or amend this contract by the mutual consent of both parties. In order to reopen said contract either at its expiration date or on its anniversary as referred to above, the parties shall request such termination in writing at least ninety (90) days prior to said expiration or anniversary.

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ARTICLE XVI - SEVERABILITY

Any portion of this Agreement found to be in violation of existing federal or state law shall become inoperative and the balance of the Agreement as such shall continue in full force and effect until the date of expiration.

ARTICLE XVII – UNION SECURITY

Section 1. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union on the effective date of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement, shall on the earliest date provided by applicable federal law, make application to become members of the Union.

Section 2. It shall also be a condition of employment that all employees of the Employer covered by this Agreement and hired on or after its effective date, shall on the earliest date provided by applicable Federal law after their employment, make application to become members in good standing of the Union.

Section 3. Lapsing: When an employee has been lapsed by Local #30 for non-

payment of dues or initiation fees and the Employer is properly notified, then the Employer shall terminate lapsed employee’s employment.

Section 4. At the time of hiring or rehiring, the Employers agree to direct the

employees to report to the Secretary of the Union for a copy of this Agreement, in order to acquaint the Employees with the conditions under which they will be employed, and their obligations as required by this Article.

ARTICLE XVIII – PICKET LINE CLAUSE

It shall not be a violation of this Agreement, and it shall not be cause for discharge or

disciplinary action, in the event an employee refuses to enter upon any property involved in a labor dispute or refuses to go through or work behind any picket line, including the picket line of the Unions party to this Agreement and including picket line at the Employer’s place or places of business. There shall be no additional expenses to any Employer as a result of employees honoring a picket line. No one will be hired by an Employer prior to placing his employees who are honoring a picket line.

ARTICLE VIII – HAZARD CLAUSES 1. Employees and Employers shall abide by all rules and regulations as set forth by the New

York State Department of Labor particularly in regards to the use of ladders, scaffolding and equipment. Local 30 will provide OSHA 10, First Aid and CPR training for its members to comply with the New York State requirement for public works jobs that take effect July 18, 2008.

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2. No one employee shall work in crawl spaces, unexcavated area, attic, restricted or confined space areas.

3. Extension ladder requirements or scaffold work over 12 feet from the floor level will

require a second employee when requested. 4. Safety equipment and mechanized blowers, etc. will be furnished where necessary for the

health and safety of the employee. 5. When an employee has to work in a high radiation area, he will be governed by all of the

rules of the agencies in charge of the plant, guaranteed at least one week’s pay and be compensated for shoes, clothing, and tools that may be contaminated and no longer usable.

6. Equipment: all employees will be issued a staple gun and hard hat when starting work for

a contractor. A place to lock these items will be furnished by the Contractor when practical. If these items are lost due to the carelessness or neglect of the employees, it will be their responsibility to replace them at their own expense. These items will be returned upon leaving the shop or paid for be deduction from the last paycheck.

7. The Employer agrees to supply all gloves and saws when working with foam glass. 8. Banned Tools: No Employee will use impact tools utilizing explosive charges, nor may

he direct others to do so unless specified by the customer. 9. In the event any material containing any type of lead product is used, strict OSHA

regulations will be followed with an emphasis on blood testing before starting work and periodically while using the material.

ARTICLE XX – BUSINESS HOURS

Business: All employee and Employer business shall be conducted between the hours of 8:00 a.m. and 8:30 p.m. and no later than Saturday noon.

ARTICLE XXI – WORK ORDERS It shall be the responsibility of the Employer to furnish job work orders as needed. When job work orders or job specifications are unavailable, then the International Code of Workmanship shall apply. Changes in job work orders must be in writing and signed by an authorized member of the firm.

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ARTICLE XXII – MANEGEMENT’S RIGHTS CLAUSE Except as otherwise restricted, modified or limited by provisions of this Agreement, all rights and functions pertaining to the conduct and management of the Employer’s business, including, but not limited to, the materials used, method of application, direction of work force are vested exclusively with the Employers.

ARTICLE XXIII – SUCESSORSHIP

It is agreed that this Agreement shall be binding upon the Employer and the Union

together with their successors and assigns.

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IN WITNESS WHEREOF, the parties have set their signatures hereto for this Collective Bargaining Agreement on the dates indicated below to be effective as stated herein. AGREED TO: SYRACUSE INSULATION CONTRACTORS ASSOCIATION By: Syracuse Insulation Contractors Assn. By: Atlantic Contracting & Specialties ______________________________ _____________________________ By: Rick Mullen By: Gary Sprague Title: Chairman Title: Vice President Date: Date: By: Griffin Insulation Co. Inc By: Sabert Insulation Inc. ______________________________ ______________________________ By: Rick Mullen By: Mark Sabert Title: President Title: President Date: Date: _______________________

AGREED TO: THE INTERNATIONAL ASSOCIATION OF HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL NO. 30 SYRACUSE, NEW YORK By: By: Robert W. Reap, Business Manager Thomas Clark, President Date: Date:

IRON WORKERS

WORKING AGREEMENT

between

THE IRON WORKERS UPSTATE LOCALS OF

NEW YORK AND VICINITY,

CONSISTING OF

INTERNATIONALASSOCIATION OF

BRIDGE, STRUCTURAL, ORNAMENTAL,

AND REINFORCING IRON WORKERS LOCAL

UNION NOS. 6,9, 12, 33, 60 AND 440

AND

UPSTATE IRON WORKER EMPLOYERS

ASSOCIATION, INC.

Effective May I, 2018

Expires April 30, 2021

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TABLE OF CONTENTS

PREAMBLE .............. . 4

ARTICLES OF AGREEMENT .. ..... .................... . 4

ARTICLE 1. CRAFT JURISDICTION ............ ........... . 4

ARTICLE 2. TERRITORy .......................................... ... .. .s

ARTICLE 3. WORK HOURS PER DAy .......... ........ ........ .. ... . 5

ARTICLE 4. LUNCH PERIODS .................. .. .. .. .. ... .. . , .

ARTICLE 5. SHIFT WORK ............................ ......... ... .... 6

ARTICLE 6. OVERTIME AND HOLIDAYS ..................... ... 7

ARTICLE 7. PAYDAY ............ .... ................... ... ............. ...... - ...... . 8

ARTICLE 8. WELFARE I PENSION, EDUCATION AND

TRAINING ,AN DCOOPERATIVETRUSTFUNDS ..

ART ICLE 9. DUES DEDUCTION ................................. .. .

ARTICLE 10. SHOW-UP TIME ................................... .. . "

ARTICLE 11 , FOREMAN, JOB STATUS ...................... ..... . I

ARTICLE 12 . SUPPL YINGIRONWORKERSFORJOBS .. .

ARTICLE 13. PORTABI LlTY ....... .. ........................ '" .. ....... .

ARTICLE 14 . REPLACEM ENT OF TOOLS . ................. ..

ARTICLE 15 . DRINKING WA TER . CLOTHES ROOM .. ... .

ARTICLE 16. LOSS OF CLOTHES AND TOOLS ......... .... .

ARTICLE 17. SAFETy ............ .... .................................. .. .

ARTICLE 18. BUS IN ESS REPRESENTATIVES .... ... ..... .. . .

ARTICLE 19. JOB STEWARD ........................................ . ..

ARTICLE 20. PROTECTION OF UNION PRINCIPLES ..... .

ARTICLE 21 . APPRENTICESHIP-------

ARTICLE 22. SUBCONTRACTORS ............. .. ...... ........ . ..

ARTICLE 23 . SETILEMENT OF DISPUTES .... .. ... .......... .

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ARTICLE 24. UNION SECURITy ............. ....... ............ .. .... .

ARTICLE 25 . SCOPE OF AGREEMENT .. ................... ..

ARTICLE 26. NO OTHER COLLECTIVE BARGAINING

AGREEMENTS .......... . ........................................ ..

ARTICLE 27. SAVINGS CLAUSE .............. .. .. ............... ..

ARTICLE 28. DRUG TESTING ............ ......................... .

ARTICLE 29. IMPACT .................................. .... . ... ~ .... . ..

ARTICLE 30 . JURISDICTIONAL LEITERS .................. ..

ARTICLE 31. DURATION AND TERMINATION ............. ..

ARTICLE 32 . CELL PHONES .............. ................................. .

SIGNATURE PAGE ........................ .............................................. ..

LEITER OF ASSENT .............................. .... .......... ....... ......... ... .... ..

WORKERS COMPENSATION ............................... ..................... .

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PREAMBLE

Local Unions 6, 9, 12,33,60 and 440, and the Upstate Iron Worker Employers Association, Inc.,

recognizing that the relationship between the employers and the unions needs to be closer

now than ever before, have entered into this agreement to improve the ability of the

employers to compete and thus provide work for the employees represented by the unions.

ARTICLES OF AGREEMENT

This Agreement is entered into by and between the Upstate Iron Worker Employers

Association, Inc., acting on behalf of its members and any non-member employers who agree

to be bound by the agreement or who sign on to the agreement, and the Iron Workers Upstate

Locals of New York and Vicinity consisting of Local Unions Nos. 6, 9, 12, 33, 60 and 440, and

shall continue in full force and effect through the term of the agreement. All parties to this

Agreement hereby recognize Locals No.6, 9, 12, 33, 60 and 440, (referenced in this Agreement

as the "Local Unions") as the sole collective bargaining representatives of the Employees and

the Upstate Iron Worker Employers Association, Inc. as the sole representative of the

Employers in the classes of work covered under this Agreement, within the geographic

territories covered by this Agreement as specified in Article 2 of this Agreement.

ARTICLE I. CRAFT JURISDICTION

The Unions claim for their members all work as outlined in the Constitution of the International

Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers .

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ARTICLE 2. TERRITORY

The territories covered by this Agreement shall be the territorial jurisdictions of the Local

Unions as outlined and attached in the geographical jurisdictions at the end of this Agreement.

ARTICLE 3. WORK HOURS PER DAY

Eight (8) hours shall constitute a day's work, during the hours of 6:00 A.M. to 4:30 P.M. from

Monday to Friday, inclusive. It is the responsibility of the Employer to designate a staring time

that will remain in effect for the duration of the job.

Changes in the work hours per day in special cases can be made to meet special conditions with

approval of the Business Manager.

Iron Workers shall be at their posts and prepared to start work at the regular starting time

provided the shed or room for the workers to change their clothes is adjacent to or within a

reasonable distance from their work.

ARTICLE 4. LUNCH PERIODS

One half (1/2) hour without pay shall be allowed for a lunch break for each shift. Any Iron

Worker working over ten (10) hours per day shall be entitled to two (2) lunch periods. The first

lunch period shall be thirty (30) minutes, unpaid. The second lunch period shall be twenty (20)

minutes with pay.

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ARTICLE 5. SHIFT WORK

Shift work may be performed at the option of the Employer. The work week shall start with the

day shift on Monday and end with the conclusion of the second or third shift (as the case may

be). The employer may commence shift work operations at any point during the work week.

The first or day shift will work the regular hours provided for in Article 3 and shall receive the

regular rate of pay for all hours worked.

The first day shift will work the regular hours provided for in Article 3 and shall receive the

regular rate of pay for all hours worked. The second shift shall work eight (8) hours for eight (8)

hours pay at a 10% premium. The third shift shall work eight (8) hours pay at a 15% premium.

One-half (1/2) hour without pay shall be allowed for a lunch break for each shift. Work in excess

of the hours stipulated for each shift shall be paid at the overtime rate stipulated in Article 6

based on the regular rate of pay for the work performed.

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ARTICLE 6. OVERTIME AND HOLIDAYS

Overtime work shall, as far as possible, be divided equally among the Iron Workers on the job.

Except when more than one shift is employed as here above set forth. When overtime is

necessary and more Iron Workers are required than are actually working for the same employer,

additional Iron Workers that are required must be taken from the ranks of the unemployed.

Employees shall not be allowed to work Overtime evenings, or Saturdays, Sundays or holidays

or any employer other than the one by whom he .is regularly employed. If a steward has been

appointed to the job, he or she shall be employed on all overtime work, provided he or she is

capable of performing the work in question. Time and one-half shall be paid for all work in

excess of eight (8) hours on any regular work day except when more than one (1) shift is

employed as hereinabove set forth. All work performed on Saturday shall be paid at time and

one-half rate of wages.

Double time must be paid for all work performed on Sundays and the following holidays: New

Year's Day. Christmas Day, Memorial Day. Fourth of July and Thanksgiving Day. No work

under any conditions shall be performed on Labor Day. except in emergency endangering life or

property. when double time shall be paid. Any holiday which occurs on Sunday shall be

observed the following Monday. (Local 6 and Local 9) Iron Workers: any holiday which occurs

on Saturday shall be observed on the preceding Friday

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and if worked paid at double time. Iron Workers receiving time and one-half rate and

continuing into what normally would be classified as regular working hours shall receive time

and one-half when required to continue work in straight time periods on the same job after

having worked at least eight (8) hours continuously in an overtime period on one

job. Iron Workers receiving double time rate, and continuing into what nonnally would be

classified as regular working hours, shall receive double time when required to continue work in

straight time periods on the same job after having worked at least eight (8) hours continuously in

an overtime period on one job. No employee shall quit an unfinished job and then return to the

previous employer after the overtime job as above defined, is finished.

ARTICLE 7. PAYDAY

Iron Workers must be paid once each week in cash or check during working bours on or before

Friday. Members of the Upstate Iron Worker Employers Association, Inc. following other

practices of payment may continue to do so. Not more than three (3) days may be withheld after

the end of any payroll period unless prior arrangements have been made. If not paid as above

defined, they shall be paid for waiting time. On pay days, in the event of inclement weather

and onjobs not working, the employer will make all efforts to have the employees' pay on the

job site between the hours of 8:00 A.M. and 10:00 A.M. If the pay day falls on a holiday, the

Employer will make every effort to pay the day before.

When employees are discharged or laid off, if possible they should be paid at the job site, either

by check or Debit Card Deposit. In the case of remote sites, their checks should be mailed

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within 48 hours to the Union Hall. If checks are not postmarked within this time period, the

contractors will be required to pay the Iron Worker a $ 100.00 show up expense.

Any employer that repeatedly fails to comply with this provision shall be required to make full

payment of wages to employees at their time of layoff.

Accompanying each payment of wages shall be a separate statement identifying the employer,

showing the total earnings, the amount of each deduction, the purpose thereof and net

earnings. When employees quit of their own accord, they shall wait until the regular pay day for

wages due them.

ARTICLE 8. WELFARE, PENSION, EDUCATION AND TRAINING, AND COOPERATIVE

TRUST FUNDS

Each employer will contribute in the amount specified in the wage schedule per hour of work

for each employee covered by this Agreement to the following programs and employee benefit

plans: Iron Workers District Council of Western New York & Vicinity Annuity Fund

Iron Workers District Council of Western New York & Vicinity Welfare Fund

Iron Workers District Council of Western New York & Vicinity Pension Fund

Iron Workers Local NO.6 Pension Plan

Iron Workers Local Union No.9 Supplemental Benefit Plan

Iron Workers Local Union No. 33/440 Supplemental Benefit Plan

Central and Eastern New York Cooperative Trust

Iron Workers Local 12 Pension Fund

Iron Workers Local 12 Health Insurance Fund

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Iron Workers Local 12 Training and Education Fund

Iron Workers Local NO.6 Supplemental Medical and S.U.B. Pay Plan

Iron Workers Local No. 440 Annuity Fund

Iron Workers Local No.6 Annuity Plan

Iron Workers Local 9 Apprenticeship Training Fund

Iron Workers Local 33 Training Fund

Local 440 Training Program

Iron Workers Local No.6 Apprentice and Journeyman Retraining Fund

Upstate New York District Council of Iron Workers and Employers Cooperative Trust Fund

Upstate Iron Worker Employers Association Inc. Industry Advancement Program Iron Workers

Local No.6 Profit Sharing Fund

Ironworkers and Employers Cooperative Trust Fund Local 6 Buffalo. NY

Ironworkers Local 60 Education & Training Fund

Ironworkers Local 60 Annuity Fund

Ironworkers Local 60 Supplemental Welfare Fund

Ironworkers Local 60 Cooperative Trust Fund

The above-referenced employee benefit plans are jointly referred to as "Funds". All employer

contributions to the above Funds as set forth 111 this Agreement shall be made monthly and

shall be due and payable no later than the fifteenth (15th) of the following month upon

remittance reports finished by the Funds. Contributions for Iron Workers

Local 12 Funds shall be made weekly. The Funds shall be administered pursuant to provisions

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of Agreements and Declarations of Trust, any restatements of or amendments to such

Agreements and Declarations of Trust, policies, rules and regulations established by the various

Trustees. Such Agreements and Declarations of Trust. rules, regulations and policies, including

Collections Policies, of such Funds together with any restatement or amendments thereto, are

incorporated herein by reference as if fully set forth herein. The Agreements and Declarations

of Trust, the Funds' Collection Policies and all other rules, regulations and policies of the Funds

govern and supersede, my inconsistent. provision of this Agreement. A" monies paid into

and/or due and owing to the Funds specified in this Article will be vested and remain exclusively

in the Trustees of those Funds; outstanding and withheld contributions constitute plan assets.

Any employer becoming delinquent in reporting and making payment of contributions due said

Funds shall be liable for the amount or the delinquency together with interest, liquidated

damages, costs, audit fees and legal fees in such amounts and on such terms as established by

the Funds. The Funds and/or the Local Unions may at any time audit the payroll records or any

employer or require such employer to post a bond on such terms as established by the Funds.

To provide a guarantee or payment to the Funds, any employer, signatory to this Agreement

that uses a sub-contractor, agrees to pay to the said Funds any amount owed 10 said Funds by

said delinquent subcontractor. The Local Unions may al any tune withdraw their members from

employers' delinquent in payments of contributions to the Funds. If such occurs. The

delinquent employer agrees to pay the employees' regular rate of pay for a" time lost from

work as a result thereof. It is further agreed that the Local Unions have the right. when any

employer becomes delinquent in remittances due to the said Funds, to declare this Agreement

breached by the delinquent employer and al the option or the Local Unions, this Agreement

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may be considered terminated. Any action exercised by the Local Union with respect to

delinquent employers shall not constitute a violation or any "no strike" provisions or clause

contained in this Agreement. II is expressly agreed herein, that the use or grievance and

arbitration machinery set forth in this Agreement is waived by any such aforementioned

delinquent employer.

All benefits and dues shall be sent to the jointly administered Trust(s) of the locals where the

Iron Workers arc performing work. (No exceptions). District Council pension contributions shall

continue to be sent to the Iron Workers District Council of Western New York & Vicinity Pension

Fund. If a contractor is more than two (2) months delinquent, the Union may require project by

project monthly report.

ARTICLE 9. DUES DEDUCTION

The Local Unions shall maintain a Dues Check-off Fund through the medium or payroll

deductions for union dues. Upon the receipt of a written authorization from the employee, the

employer shall deduct from the employee's gross wages the percentage so authorized. Said

deductions shall be payable to the Local Unions and a check in the proper amount, together

with the report from shall be forwarded by the employer for receipt at said address not later

than the 15th day of the calendar month immediately following that month during which the

deduction was withheld. All terms specified in Article 8 or this Agreement regarding time

contributions are due, failure or employer to make timely reports and contributions, penalties

applicable to employers' delinquent in remitting contributions, rights of the Local Unions in

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regard to delinquent employers, and the right of Trustees to audit employer's payroll records

shall similarly apply to the Local Unions' Dues Check-off Fund as though set

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forth at length herein. The Local Unions shall be responsible for the printing and distribution of

dues authorization forms to employers. The wording of said authorization forms shall be in

conformance with all requirements of the law.

ARTICLE 10. SHOW-UPTIME

A. Any employee, with the exception of foremen receiving straight time, who reports for work

on any job within the jurisdiction of the Local Unions and through no fault of his own is unable

to start work because of inclement weather or any other unforeseen condition shall be

compensated for reporting at the rate of thirty dollars ($30.00) per hour for two hours,

provided, however, that it is agreed by both the company supervisor on the job and the job

steward (if a steward has been appointed) that conditions prevail that would not be suitable for

the performance of work. Such compensation shall be treated as an expense separate from

wages. Failure of the employee to make an effort to work will be considered just cause for non

payment of show-up time. If work commences at any time, all hours are then considered work

hours. B. No employee will be entitled to this two (2) hours' reporting expense who fails to

report on the job at the designated starting time or leaves the site of the job before he has

waited the two hours. /I must also be specifically understood that in the event conditions

become suitable at any time after the designated starting time and during the two hours'

waiting time, such conditions to be agreed upon by the superintendent and the steward (if a

steward has been appointed) to start work, the employees are bound to abide by the order of

the parties who have authority to determine the advisability of resuming work. It must be

further understood that employees leaving the jobsite before permission is granted by the iron

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workers' supervisor will be penalized the full reporting allowance and will be subject to

immediate dismissal.

C. In the event the Employer should desire to shut a job down temporarily, for a brief period,

such as one or two days for example, the employer shall notify the employees on the job before

4:30 PM. Of the day prior to the start of the shut down and the employer shall provide a N.V.S.

lay-off slip and full payoff before the above specified time to any employee who requests same.

No employee shall leave the employ of a contractor without first notifying the Local Union and

his employer before 2:30 P.M., so that schedule adjustments might be made and replacements

procured for the following day's operations.

D. For employees in Local 6 only Standby Allowance is applicable

Standby Allowance

Any employee, excluding those employees who have a guaranteed eight (8) hour day, if he

reports to work on any job at his regular starting time and is

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not assigned to work during the hours of the regular work day or portions thereof because or

unforeseen conditions or inclement weather, will be compensated up to two (2) hours at his

regular rate of pay. This compensation may be allocated in increments of no less than 1/2 hour.

The determination or the necessity to allocate this compensation will be made jointly by the

employer superintendent, ironworker foreman and job steward. Resumption of work shall be

determined jointly by them. Such determinations shall be made pursuant to the objective

stated in paragraph I and employees must abide by such determinations. Whenever any portion

of the entire allowance is applied to the first two (2) hours of the regular work day, any

employee who fails to report to work at the designated starting time shall forfeit that portion of

the allowance. Employees who do not abide by the determinations of the job superintendent.

Iron Worker Foreman and job steward or who leave the job site before permission has been

granted by the superintendent or Iron Worker Forman will forfeit the allowance that was

applied on that work day ,

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ARTICLE 11. FOREMAN, JOB STATUS

When two or more employees are employed. One shall be selected by the employer to act as

foreman and receive foreman's wages, and the foreman is the only representative of the

employer who shall issue instructions to the workmen. Foremen shall be paid on a straight time

basis. Not less than the current foreman rate, calculated at eight (8) hours per day, forty (40)

hours per week including holidays, at the appropriate Foreman's rate and Fringe package

except on jobs of less than five (5) days duration. For all work in excess of eight (8) hours per

day and for all work performed on Saturday wages shall be paid at time and one-half rate. For

all work performed on Sunday or holidays double time rate or wages shall be paid. There shall

be no restrictions as to the employment of foremen. The employer may employ on one piece of

work as many foremen as, in his judgment, are necessary for the safe. expeditious and

economical handling of the same. When a third crew and third foreman are established on a

job, one of the three foremen shall be appointed a general foreman, and he shall receive not

less than the current General Foreman wage rate.

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ARTICLE 12. SUPPLYING IRON WORKERS FOR JOBS

Employers agree to call for Iron Workers on the day prior to the day of wanting same, before

9:00 A.M., if possible. Iron Workers are to be paid from time of arrival on the job. If Iron

Workers are requested 8:30 A.M. for immediate employment, they shall he paid from the time

of the call, allowing a reasonable time for reporting to the job site. Journeymen and apprentices

when needed for work lasting eight (8) hours or less shall receive at least one-half day's pay. If

employment extends past the noon hour, they shall receive a full day's pay. There shall be no

discrimination because of age of an Iron Worker, as long as he or she is capable of performing

the work required in a satisfactory manner. In the event some Iron Workers, in a crew do not

report for work, the balance of the Iron Workers shall work until the Iron Worker or Iron

Workers, report or are replaced, providing other Iron Workers on the job are not available to fill

the crew. and providing the shortage has been reported to the Local Union. The Local Unions

agree that in no case will Iron Workers be furnished to employers who have not signed the

complete current Agreement. Any employee who is absent for any reason and fails to notify

said employer and union office by 9:00 A.M. will be considered as having quit the job and

therefore not eligible to receive show-up time if he or she returns to the job site.

ARTICLE 13. PORTABILITY

The parties agree that any Employer subject to this Agreement may bring from other New York

State Iron Worker Locals fifty percent of the number of Iron Workers needed to perform a job

which the Employer has secured in the geographic jurisdiction. Within the jurisdiction of Local

60, it is required that said Iron Workers must have been on the Contractor's payroll for a

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minimum of thirty (30) days. Any employee of the Contractor employed under the provision is

required to contact the business Manager prior to the start of work. Further, the Employer may

also bring a Foreman for such job and that person will not be counted in the fifty percent

determination. Apprentice Ironworkers are not eligible under this stipulation.

ARTICLE 14. REPLACEMENT OF TOOLS

A. All personal tools owned by Iron Workers which are broken on the job shall be replaced by

the employer, providing that it can be acknowledged by the foreman that the breakage

happened on the job.

B. Employees employed on ornamental work shall furnished for their own use basic hand tools

to enable them to effectively install such work. Tools broken on the job shall be replaced by the

employer. No employee shall be held responsible for the loss of tools or equipment in his

charge. Employees abusing employers' tools may be dismissed and / or required to repair or

replace said tools of equal value.

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ARTICLE 15. DRINKING WATERCLOTHESROOM

The employer shall furnish suitable drinking water at all times, and each job of sufficient size

and length to justify same shall provide a suitable shed or room, including heat, exclusively for

members to eat, change their clothes and keep their tools.

ARTICLE 16. LOSS OF CLOTHES ANDTOOLS

The contractor shall be responsible for the tools and clothing of the Iron Worker, when they are

left in the contractor's shanty overnight. When tools and clothing are thus under the

safekeeping of the contractor. he shall be responsible for their loss by fire or theft and shall

replace them in kind in the event of such fire upon proper proof of same. Any loss incurred shall

be reported to the employer or his representative immediately.

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ARTICLE 17. SAFETY

If an Iron Worker is required by project requirements to use safely shoes while working for that

Employer. it shall be the responsibility or the Iron Worker to provide the required safety shoes.

All Iron Workers shall be required to have OSHA 10. 8-Hour Subpart R and Contractor Safely

Requirements as needed. If an Iron Worker continually ignores safely work rules and by his

actions they result in an OSHA violation and fine to the contractor. the contractor shall notify

the Union hall. in writing, of the circumstances of the violation and actions of the Iron worker.

The Iron Worker shall attend the next scheduled 10- Hour OSHA Training Course sponsored by

the Local. Unions will provide 30-Hour OSHA as needed by contractors.

In accordance with the requirements of the Occupational Safety and Health Act or 1970, it shall

be the sole responsibility or the Employer to insure the safely and health or its employees.

Nothing in the Collective Bargaining Agreement will make the Union liable to any employees or

to any other persons, in the event that an injury or accident occurs.

21

The safely and health standards and rules contained herein are minimum standards and are not

intended to imply that the Union objects to the establishment and imposition by the Employer

of additional or more stringent rules to protect the health and safety of the employees. It shall

be the sole responsibility of the Employer to insure compliance with safely and health

standards and rules.

ARTICLE 18. BUSINESS REPRESENTATIVES

The Business Representatives of the Local Unions shall be permitted to visit all jobs, with the

permission of the owner and complying with job specific badging, safety and testing, but will in

no way interfere with the progress of the work.

ARTICLE 19. JOB STEWARD

In the event the Business Manager of the Local Union elects to appoint a steward, the steward

shall be the last person laid off, providing he is capable of performing the work in question .

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ARTICLE 20. PROTECTION OF UNION PRINCIPLES

The removal of journeymen Iron Workers and apprentices from a job, in order to render

assistance to other Local Unions to protect lawful union principles, shall not constitute a

violation of this Agreement, provided such removal is approved by the General Executive

Board and notice thereof is first given the employer involved. It shall not be a violation of this

Agreement, nor cause for discharge or disciplinary action, in the event that an employee

refuses to cross a legally established picket line.

ARTICLE 21. APPRENTICESHIP

The parties' signatory hereto agrees to maintain a Joint Apprenticeship Committee in

accordance with the provisions of the Iron Workers Apprenticeship and Training Standards, as

contained in Section I, Article 23 or the International Constitution. Said Committee shall

formulate and operate an Apprenticeship Program in the local area in conformity with said

standards. The

Local Unions' Education and Training Funds shall be responsible for the total financial support

or the Apprenticeship Programs. The following shall/or may be required by the Union on

projects, one (1) apprentice ID four (4) journeymen. On ornamental work which is normally

performed by two (2) ironworkers, one (1) may be an apprentice.

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Apprenticeship Package - Same for all Locals July 1, 2018- April 3D, 2021

ARTICLE 22. SUBCONTRACTORS

The employer agrees not to subcontract or sublet any work covered by the Agreement, on the

job, to any person, firm or corporation not in contractual relationship with the International

Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers or any of its affiliate

local unions.

ARTICLE 23. SETTLEMENT OF DISPUTES

A. Any disputes as to the proper interpretation or violation of this Agreement shall be handled

in the first instance by a representative of the Local Union and the Employer. If they fail to

reach an agreement within 5 days then it shall be referred to a Committee in writing, made up

of the Business Representative, the Upstate Iron Workers Association Area Director and the

Employer. If this Committee fails to reach an agreement within (2) days it shall be referred in

writing to the New York State Employment Relations Board for Arbitration who will assign an

arbitrator whose decision will be final, and binding on both parties. Any costs associated with

arbitration shall be paid equally by both parties.

B. It is mutually agreed that there shall be no strikes authorized by the Local Unions and no

lockouts authorized by the Employer, except for refusal or either party to submit to arbitration

in accordance with Article 23(A). or failure on the part of either party to carry out the award of

the Board of Arbitration. Every facility or each of the parties hereto is hereby pledged to

immediately overcome any such situation provided. however, it shall not be a violation or any

provision or this Agreement for any person covered by this Agreement to refuse to cross or

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work behind a picket line or any affiliated union which has been authorized by the International

of that union, the Central Labor Councilor Building and Construction Trades Council.

ARTICLE 24. UNION SECURITY

All employees who are members or the International Association or Bridge, Structural,

Ornamental, and Reinforcing Iron Workers on the effective date of this Agreement shall be

required to remain members or the International Union in good standing as a condition of

employment during the term of this Agreement. All employees may be required to become and

remain members or the International Union in good standing as a condition of employment

from and after the 7th day following the dates of their employment, or the effective date of this

Agreement, whichever is later.

ARTICLE 25. SCOPE OF AGREEMENT

This Agreement contains all the provisions agreed upon by the Employer and the Local Unions.

Neither the Employer nor the Local Unions will be bound by rules, regulations or agreements

not herein contained except interpretations or decisions of the Board of Arbitration.

ARTICLE 26. NO OTHER COLLECTIVE BARGAINING AGREEMENTS

Each Local Union hereby agrees that so long as this Agreement is in effect, they will not enter

into any other Agreement with an Employer at variance with this Agreement. This shall not

preclude project labor agreements negotiated with building trade councils. If local unions dues

enter into an Agreement with an employer at variance with the Agreement, the "Favored

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Nations" policy can be automatically triggered in that locals' jurisdiction by contractors wishing

to have said agreement.

ARTICLE 27. SAVINGS CLAUSE

Should any part of or any provision herein contained be rendered or declared invalid, by reason

of any existing or subsequently enacted legislation, or by any decree of a court of competent

jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the

remaining portions thereof, provided, however, that upon such invalidation, the parties

signatory hereto agree to meet to renegotiate such provisions affected. The remaining parts or

provisions shall remain in full force and effect.

ARTICLE 28. DRUG TESTING

The Upstate Iron Workers Employers Association, Inc. and the Local Unions have agreed to a

drug policy, and will utilize the drug program created and administered by the Iron Workers

International IMPACT. Using the current pol icy, random testing will be increased to 25%. A

copy is available from the Up-state Ironworkers Employers Association, Inc. upon request.

Responsibility of payment for the drug testing program will be paid by the IMPACT Program.

Participants will conform to and abide by IMPACT testing protocols as a condition of payment

for testing. NOTE: If Owner requirements for Drug testing provide for utilization of other

programs, the parties agree to abide by such requirements and coordinate reimbursement with

IMPACT and the UIWEA.

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ARTICLE 29. IMPACT

The Union shall contribute the appropriate percentage of the hourly rate as determined by the

IMPACT contract for each hour worked to the Ironworkers Management Progressive Action

Cooperative Trust (IMPACT). a jointly trusted Cooperative Trust with federal tax-exempt status

under Section SOl(a) of the Internal Revenue Code as an exempt organization under Section

501(c)(5) of the Internal Revenue Code. Tax Exempt status determination was rendered under

the initial name of the Trust which was the Employers Responsive Educational Cooperative

Trust of North America . The general purpose of the

Trust includes the improvement and development of the Union ironworking industry through

Education, Training, Communication, Cooperation, and governmental lobbying and legislative

initiatives. The reporting, payment, frequency of payment and administration of such

contributions shall be governed by the terms of the IMPACT Trust Agreement, policies and

resolutions. Each Outside and Regional Local Union shall pay an International Supplemental Per

Capita Tax of three-eighths of one percent (3/8 of 1%) of the applicable hourly journeyman

wage rate for each hour worked per member per month to the International Ironworkers

Organizing Fund. All agreements in the craft jurisdiction of the International Association of

Bridge, Structural, Ornamental and Reinforcing Iron Workers shall include mandatory

participation language for the Ironworkers Management Progressive Action Cooperative Trust

(IMPACT) to be paid at the rate of five-eighths of one percent (5/8 of 1%) of the applicable

hourly journeyman wage rate for each hour worked by Outside and Regional Local Unions.

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ARTICLE 30. JURISDICTIONAL LETTERS

On all projects of one hundred (100) hours or more, the contractor shall submit monthly a

letter describing any jobs completed during that month. These reports shall be submitted with

the monthly fringe benefit reports .

ARTICLE 31. DURATION AND TERMINATION

The Agreement with any amendments thereof made as provided for therein, shall remain in full

force and effect from May I, 2018 until Midnight of April 3D, 2021 and unless written notice be

given by the Iron Workers Upstate Locals of New York and Vicinity or the Employer Association

to the other at least four (4) months prior to such date of the desire for change therein or to

terminate the same, it shall continue in effect for an additional year thereafter. In the same

manner, this Agreement with any amendments thereof shall remain in effect from year to year

thereafter subject to termination at the expiration of any such contract year upon notice in

writing given by the Iron Workers Upstate Locals of New York and Vicinity or the Employer

Association to the other at least four (4) months prior to the expiration of such contract year.

Any such notice as hereinabove provided for in this Article whether specifying a desire to

terminate or to change at the end of the current contract year, shall have the effect of

terminating this Agreement at such time.

For payroll accounting reasons, if July 1 falls on a Tuesday or Wednesday changes to the wages

and benefits shall become effective on the previous Monday. If July 1 falls on a Thursday or

Friday, the wages and fringes shall take effect on the next Monday.

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ARTICLE 32. CELL PHONES

Personal cell phones are not permitted to be carried during work hours unless approved by the

employer.

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LABORERS

BUILDING

LABORERS BUILDING

AGREEMENT

BETWEEN

EASTERN CONTRACTORS ASSOCIATION, INC.

& CONSTRUCTION EMPLOYERS

ASSOCIATION OF CNY, INC.

AND

LABORERS INTERNATIONAL UNION OF NORTH AMERICA UPSTATE NY LABORERS DISTRICT COUNCIL

LOCAL No. 1822

Eastern Contractors Association, Inc.

Todd G. Helfrich, President & CEO 6 Airline Drive

Albany NY 12205

Phone: (518) 869-0961 Fax: (518) 869-2378

June 1,2015 - May 31,2020

Construction Employers Association of CNY, Inc.


Syracuse, NY 13206

Phone: (315) 437-3717 Fax: (315) 437-8053

Laborers Local No. 1822

Rich Daddario, Business Manager P.O. Box 361

Massena, NY 13662

Phone: (315) 769-8731 Fax: (315) 769-8522


Article I

Article II

Article III

Article IV

Article V

Article VI

Article VII

Article VIII

Article IX

Article X

Article XI

Article XII

Article XIII

Article XIV

Article XV

Article XVI

Article XVII

Article XVIII

Article XIX

Article XX

Article XXI

Article XXII

Article XXIII

Article XXIV

Article XXV

Article XXVI

Article XXVII

Article XXVIII

Article XXIX

Article XXX

Article XXXI

Article XXXII

Article XXXIII

Article XXXIV

Article XXXV

Article XXXVI

Exhibit I

TABLE OF CONTENTS

Preamble ........................................................................................................................................ 1

Witnesseth ..................................................................................................................................... 1

Effective Date - Termination and Amendments ........................................................................... 1

Definition of Agreement/Scope/Geographical/Craft Jurisdiction .................................................. 1

Association Recognition and Security ........................................................................................... 1

Union Recognition and Security .................................................................................................... 2

Management Rights ....................................................................................................................... 2

Most Favored Nations ................................................................................................................... 2

Union Representation .................................................................................................................... 3

Equal Employment Opportunity .................................................................................................... 3

Safety and Substance Abuse .......................................................................................................... 3

Raingear and Safety Equipment .................................................................................................... 4

Rights of Employee Injured on the Jobsite ................................................................................... .4

Jobsite Facilities ............................................................................................................................ 4

Subcontractors ............................................................................................................................... 4

Time-Off To Vote ......................................................................................................................... 4

Foreman ......................................................................................................................................... 5

Report-In Pay ................................................................................................................................ 5

Starting and Quitting Time ............................................................................................................ 5

Work Day - Work Week ............................................................................................................... 5

Shift Work and Special Conditions ............................................................................................... 6

Overtime and Holidays Local 1822 ............................................................................................... 6

Minimum and Maximum Wages ................................................................................................... 6

Wages, Rates and Fringe Benefits Local 1822 .............................................................................. 7

Definition of Residential Construction .......................................................................................... 8

Overtime and Holidays for Residential Construction .................................................................... 8

Wage Payment ............................................................................................................................... 8

Welfare and Pension ...................................................................................................................... 8

Labor-Management Cooperation ................................................................................................. 10

Industry Advancement Fund ....................................................................................................... 11

Apprenticeship ............................................................................................................................. 11

Training Fund .............................................................................................................................. 12

Dues Deduction ........................................................................................................................... 13

Signed Agreement and Lists of Members ................................................................................... 14

Severability .................................................................................................................................. 14

Complete Agreement ................................................................................................................... 14

Strikes and Lockouts ................................................................................................................... 14

Grievance and Arbitration Procedure .......................................................................................... 14

Signature Page ............................................................................................................................. 17

Signature Page for Non-Association Employer ........................................................................... 18

Craft Jurisdiction ......................................................................................................................... 19

PREAMBLE Agreement made this 29th day of May, 201S_by and between Eastern Contractors Association, Inc., and the Construction Employers Association of Central New York, Inc" herein referred to as the "Associations", on behalf of its members herein called the "Employer" who employ workmen under the terms and conditions contained herein, and have signed a Designation of Bargaining Agents Form and are bound by this Agreement for its duration set forth below, and Local #1822 of the Laborers' International Union of North America.

WITNESSETH WHEREAS, the parties hereto desire to stabilize employment over the widest feasible geographical area within New York State in the Building Construction Industry do hereby agree upon wage rates, hours, and conditions of employment.

NOW, THEREFORE, the undersigned Associations and Union in consideration of the mutual promises and convents herein contained agree as follows:

ARTICLE I EFFECTIVE DATE - TERMINATION AND AMENDMENTS

Section 1. This Agreement shall take effect June 1, 2015 and shall remain in effect until midnight May 31, 2020 and June 1 to Midnight May 31 each year thereafter, unless changed or terminated in a way later provided for herein.

Section 2. Either party desiring to change this Agreement must notify the other in writing no later than February 1 of any tennination year. This Agreement shall be subject to amendment at any time by mutual consent only of the parties hereto. Any such amendment agreed upon shall be reduced to writing and signed by the parties hereto.

ARTICLE II DEFINITION OF AGREEMENT/SCOPE

GEOGRAPHICAL/CRAFT JURISDICTION This Agreement shall cover all laborers work for building construction projects including all related work on the site of the building project regardless of prime contract format being general contract or construction management. It shall also include any masonry type construction (i.e. block or brick with mortar and/or parge) regardless of type of project. As further clarification, it is understood that parking garages are building structures and covered by this agreement.

It is agreed that the jurisdiction of the charter grant issued by the American Federation of Labor to the Laborers International Union of North America, as well as all work nonnally and traditionally assigned to and performed by the employees represented by the International Union and all work that has been area practice will be recognized as work claimed by Laborers International Union of North America. Laborers' Local 1822 also claims all scaffold building for the masons and bricklayers to include all technology involved in the scaffold building. In the event there is any conflict with jurisdiction of other trades employed by the employer, it is specifically understood and agreed that the assignment of work by the employer shall be final and binding. (See Exhibit 1).

The geographical jurisdiction covered by Local Union No. 1822 includes the entire counties of Clinton, Essex, Franklin, Jefferson, Lewis, st. Lawrence and Warren.

ARTICLE III ASSOCIATION RECOGNITION AND SECURITY

a) The Union recognizes the Associations as the exclusive bargaining representative of all designating members of the Associations.

b) The Associations represent that they are duly authorized by their designating members hiring Laborers to enter into this collective bargaining agreement, that in so doing, they are authorized to bind such members to the tenns and conditions of this Agreement..

c) There shall be one bargaining unit for all employers bound by this Agreement for the geographic and trade jurisdiction covered herein.

d) No modification, variation, or waiver of any term of provision herein shall be valid unless agreed upon in writing by both the Associations and the Union.

ARTICLE IV UNION RECOGNITION AND SECURITY

a) The Employer recognizes Local Union No. 1822 Laborers International Union of North America (AFL-CIO), hereinafter referred to as the "Union" as the sole and exclusive bargaining agent for all laborers.

All employees who are present members of the Union shall maintain their membership in good standing in the Union in order to continue in employment. All new employees, on the eighth (8th) day following the beginning of their employment after the execution date of this Agreement, or the effective date of this Agreement, whichever is the later, shall become and remain members in good standing of the Union in order to continue in employment, all to be applied and enforced in accordance with the provisions of the National Labor Relations Act as amended. The Employer agrees, upon written notice from the Union to discharge any employee who has not become or remained a member in good standing in the Union as here in above set forth, provided the Union certifies in writing that such membership was available to the employee on the same terms and conditions generally applicable to other members and/or certifies in writing that membership was not denied or terminated for reasons other than the failure of the employee to tender periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.

b) In consideration of the foregoing, the Union agrees to supply competent and qualified laborers to the employer upon his request, to perform work coming within the trade, craft and geographical jurisdiction of the Union.

e) District Council Recognition- Pursuant to the Uniform District Council Constitution of Laborers' International Union of North America, Laborers' Union No. 1822 is an affiliated Local of the Upstate New York Laborers' District Council, hereinafter referred to as the "District Council" and as such, collective bargaining and ratification is conducted by the District Council on behalf of Laborers' Local No. 1822. Entering into this Agreement will not bind the parties to the terms of any other Agreement entered into by the District Council on behalf of its other affiliated locals.

d) In hiring and laying off of men, the Employer is expected to give first consideration to the employees of this local area.

ARTICLE V MANAGEMENT RIGHTS

The direction of employees, including the making and enforcing of rules to assure orderly and efficient operations, the determination of employee competency, and the scheduling of work are rights vested exclusively in the Employer.

The operation of business, including the introduction of new or improved methods and facilities, the determination of the amount of supervision necessary md the size and composition of the work force and crews are rights vested exclusively in the Employer.

The Employer retains the right at any time to request a specific job applicant whether or not he/she has previously worked for the Employer and regardless of hislher position on any hiring list or out of work list. If the Employer elects to use the facilities of the Union to recruit job applicants he shall advise the Union on the prior day, the number of employees needed, the specific job applicants requested, and/or the qualifications and skills of job applicants whether or not specifically requested.

The rights set forth herein are not exclusive, but merely indicate the type of matters or rights which belong to and are inherent to management.

ARTIVLEVI MOST FAVORED NATIONS

Should the Union at any time hereafter enter into an Agreement with any employer performing work covered by the terms of this Agreement with terms and conditions more advantageous to such Employer, or should the Union in the case of any Employer which is bound to this form of Agreement countenance a course of conduct by such Employer enabling it to operate under more advantageous terms and conditions than is provided for in this Agreement, the Employers, party to this Agreement, shall be privileged to adopt such advantageous terms and conditions provided the Employer, through the Associations, has sent written notice to the Union calling the matter to its attention.

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At the request of the Union, the Associations will consider allowing the Union to negotiate individual agreements with an Independent Contractor provided the Union grants no more favorable conditions to the Independent Contractor that it has negotiated with the Associations.

ARTICLE VII UNION REPRESENTATIVE

Section 1. The Business Manager or other authorized representatives of the Union shall be permitted to inspect all job sites and visit all job sites in the performance of their duties.

Section 2. It is agreed that on each job the Business Representative shall appoint a working Steward. The Laborer Steward will be employed at all times when any Laborers are employed by his employer or when Laborers work is being performed by his employer and will be paid for all time lost due to not having been so employed. Stewards shall be qualified workmen perfonning the work of the trade or craft and shall exercise no supervisory functions. The Steward will be allowed sufficient time to perform his duties and will not be discharged, laid off or transferred by reason of the performance of his duties as steward without prior approval of the Business Manager. The Employer will notify the Steward of all discharges or layoffs.

ARTICLE VIII EQUAL EMPLOYMENT OPPORTUNITY

The Employer and the Union mutually agree that they will comply and cooperate with all Federal, State and/or Local Laws, codes, rules, ordinances, regulations, executive orders, and administrative decisions, dealing with nondiscrimination in training, employment, job tenure, promotions, and every other mater covered by such laws, codes, etc., not herein expressly mentioned. The Employer and Union shall not discriminate against any employee or applicant or employment because of race, creed, color, sex, national origin, or age.

ARTICLE IX SAFETY & SUBSTANCE ABUSE

Section 1. No employee shall be required to assign or engage in any activity involving dangerous conditions of work or danger to persons or property in violation of an applicable code, statute, court order, or governmental regulation relating to safety of person or equipment.

Section 2. The Employer and the Union do hereby agree to work together to promote safety on the job for the benefit of all employees. Safety rules and regulations will be made known to all employees and the use of safety equipment will be continually promoted by both parties.

Section 3. "The Drug-Free Workplace Act of 1988" and other Federal, State, and/or owner rules and regulations will be complied with where applicable. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance (illegal drug), alcohol or being under the influence is prohibited. Violation of the prohibition will result in disciplinary action up to and including termination. The parties agree they can establish a more comprehensive plan at any time during this Agreement.

The Employer and Union are committed to provide a safe work environment for its employees and the public and also maintain a reliable, productive, quality work force and thus affirm that construction job sites subject to this Agreement must be alcohol and drug free.

Employees whose job performance is impaired by the use of alcohol or drugs create an unacceptable safety risk to themselves, coworkers, and public.

Following any work related accident (involving injury to any person or property damage exceeding $1,000.00) where alcohol or illegal drug use by an employee is suspected as a possible contributing cause to the accident the employee will be tested.

Employees who violate the joint policy on substance abuse shall be subject to discipline up to and including immediate discharge.

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ARTICLE X RAINGEAR AND SAFETY EQUIPMENT

Section 1. When Laborers are required to work in the rain, the Employer shall furnish them with necessary rain gear.

Section 2. Boots (slip-over type) will be furnished by Employer for concrete and other work necessitating their use.

Section 3. Special gloves shall be provided by the Employers to all mason tenders.

Section 4. Laborers will be required to sign for rain gear, boots and safety equipment issued to them and they are liable to the Employer to pay the depreciated value of such articles when not returned to the Employer.

Section 5. Safety equipment issued to Laborers shall be worn and/or used as directed by the Employer, for the purpose for which it was designated.

ARTIVLEXI RIGHTS OF AN EMPLOYEE INJURED ON THE JOBSITE

Section 1. Employees injured at work shall be paid for the time spent going to the doctor's office for the treatment at the time of injury. If the doctor certifies in writing that the employee is unable to return to work that day, the injured employee shall be paid for the balance of the normal working day.

Section 2. The injured employee shall be allowed two (2) hours time for each additional visit to the doctor for injuries sustained while in the employer's service without loss of pay. It shall be understood, however, that such visits during working hours shall be made only when no other arrangements can be made and an affidavit is required from the doctor stating the necessity for each visit.

ARTICLE XII JOB SITE FACILITIES

The Contractor shall provide a suitable place where employees may keep tools, clothing, keep and eat lunches. Such place is to be heated when weather conditions require it. Suitable and necessary sanitary facilities shall be provided for by the Employer.

ARTICLE XIII SUBCONTRACTORS

The Employer agrees that no person, firm or corporation shall be engaged as a subcontractor to perform any of the work covered by this Collective Bargaining Agreement, which is to be performed at the job site unless such person, firm or corporation is in, or agrees to enter into contractual agreement with Local Union No. 1822 Laborers International Union of North America. Exception: Contracts awarded when a mandated subcontractor is requested by the owner. (Employer will supply evidence upon request.)

ARTICLE XIV TIME-OFF TO VOTE

Section 1. In accordance with Section 226, NYS Election Law, it is agreed as follows: a) If a registered voter does not have sufficient time outside of his working hours within which to vote at any election, he

may, without loss of pay for up to two (2) hours, take off so much working time as will, when added to his voting time outside his working hours, enable him to vote.

b) If an employee has four (4) consecutive hours either between the opening of the polls and the beginning of his working shift, or between the end of his working shift and the closing of the polls, he shall be deemed to have sufficient time outside his working hours within which to vote. Ifhe has less than four (4) consecutive hours he may take off so much working time as will when added to his voting time outside his working hours enable him to vote but not more than two (2) hours of which shall be without loss of pay, provided that he shall be allowed time offfor voting only at the beginning or end of his working shift, as the Employer may designate, unless otherwise mutually agreed.

c) If the employee requires working time off to vote he shall notify his Employer not more than ten (10) not less than two (2) working days before the day of the election that he requires time off to vote in accordance with the provisions of this section.

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Section 2. The time allowed herein for employees to vote is provided to only registered voters who qualifY under this section. The Employer may require a verified affidavit by the employee that he is a registered voter and that he did personally appear at the polling place for the purpose of voting.

ARTICLE XV FORMAN

Section 1. Foreman shall be designated by and at the discretion of the Employer. When over four (4) Laborers are employed on the job site, there shall be one (1) foreman. If an Employer determines a General Foreman is required, he/she will be paid at the applicable rate.

Section 2. The Laborer Foreman shall direct all Laborers, except those assigned to another craft or trade as a helper. The Laborer Foreman shall carry the Laborers time for Union records. He may be a working Foreman.

ARTICLE XVI REPORT-IN PAY

When an employee under the terms of this Agreement reports for work at his starting time on a scheduled work day, including orientation, physicals, etc., without previous notice not to report he shall receive a minimum of two (2) hours work or two (2) hours pay at the applicable hourly rate. However, the foregoing Employer obligations shall not apply in the event the failure to provide work is due to inclement weather conditions, utility, failure, strike, riot or civil disturbance or demonstration interfering with the job with the job, or other conditions beyond the control of the Employer. The obligations shall not apply if the employee was absent from work when the notice not to report was given or the employee did not give the Employer his current address and telephone number.

Employee may be required to remain at the job site by the Employer. Such employee required to remain at the job site by the Employer shall receive a minimum of two (2) hours work or two (2) hours pay at the applicable hourly rate and agree to accept work assignments outside of his regular classifications. Provided, however, that such assignments must be within the jurisdiction of the Laborers and within geographic jurisdiction of the Local Union.

Applicants for Employment: Should referrals for employment under this Agreement show up ready to work at the time and location instructed by the Employer or the Union upon request of the Employer, and should no work be provided those referred shall receive two (2) hours pay at the common Laborers hourly rate. If the failure to provide is due to conditions beyond the control of the Employer as described in the Report-In section above, reporting time is not to be paid. The number of applicants to be paid two (2) hours pay for show-up shall not exceed the number of applicants requested by the Employer.

ARTICLE XVII STARTING AND OUITTING TIME

Workmen shall be at their place of work at the starting time and shall remain at their place of work until the quitting time as specified in this Agreement. The application of this provision shall be consistent with the practice of other trades related to the Laborer in the employ of the Employer.

ARTICLE XVIII WORK DAY - WORK WEEK

Section 1. Eight (8) hours shall constitute a regular workday. Regular working hours shall be between 8:00 a.m. and 4:30p.m., or as adjusted by the Employer, and the regular lunch period hall be one-half (112) hour between 12:00 p. m. and 12:30 p.m. However, the Employer may schedule a lunch period from 12:30 p.m. to 1:00 p.m. in the event that job conditions require, for all or part of the employees.

Section 2. Eight (8) hours a day, forty (40) hours within five (5) days, Monday through Friday shall constitute a regular workweek.

Section 3. To the extent permitted by law, the work week, upon mutual consent between the Union and Employer, may be four (4) days in duration (Monday through Thursday) with each day consisting often (10) hours, weather permitting. The Employer has the option of having Friday as a make-up day. Should the' Employer elect to work on Friday, he must

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work ten (10) hours, weather pennitting. Any hours worked in excess of forty (40) hours shall be paid at the appropriate overtime rate. NOTE: A waiver will be granted by the New York State Department of Labor to accommodate the four day- ten hour work week when a joint application by the Union and Employer Associations is made to the Commissioner of Labor. Employers having Federal contracts are required by law to pay overtime for work in excess of eight (8) hours.

Section 4. Make-up day is on a Saturday in the week in which a day or days are lost due to severe inclement weather. Pay for this make-up day will be straight time, it being understood that work on this day is voluntary on the part of the Employees and that further, all Employees working on the job be given the same opportunity to work. No discriminatory action will be taken against any employee who declines said work.

ARTICLE XIX SHIFT WORK AND SPECIAL CONDITIONS

Section I. Shift work may be perfonned at the option of the employer, but when perfonned such shift work must continue for a period of not less than five (5) consecutive days. The workweek shall start with the day shift on Monday and end with the conclusion of the second or third shift (as the case may be) on the fifth day. The Employer may commence shift work operations at any point during the workweek but work must continue for a period of not less than five (5) consecutive workdays.

Section 2. The first or day shift will work eight (8) hours and shall receive the regular rate of pay for all hours worked. The second shift shall work seven and one -half (7 -112) hours and each employee shall be paid for eight (8) hours at the regular rate of pay. The third shift shall work seven (7) hours and each employee shall be paid for eight (8) hours at the regular rate of pay. In a two shift operation, the first or day shift will work eight (8) hours and shall receive the regular rate of pay for all hours worked. The second shift shall work seven and one-half (7112) hours and each employee shall be paid for eight (8) hours at the regular rate of pay. One-half (112) hour without pay shall be allowed for a lunch break for each shift. Work in excess of the hours stipulated for each shift shall be paid at the overtime rate (stipulated in Article XX) based on the regular rate of pay for the work perfonned.

Section 3. When it is not possible to conduct alteration work during the regular working hours, in a building occupied by tenants, said work shall be perfonned at the straight-time wage rate established for alteration and repair work. However, when an employee works over eight (8) hours in any twenty-four hour period, the time after eight (8) hours shall be considered overtime. Proper notice shall be given to the Union of the facts and circumstances prior to the perfonnance of work outside the nonnal working hours. If proper notice is not made to the Union, nonnal working hours and conditions are to be observed.

Section 4. Pre-job notification to the Union by the contractor is required prior to starting a new project.

ARTICLE XX OVERTIME AND HOLIDAYS LOCAL NO. 1822

Section 1. All work perfonned on Saturday and before and after the regular working hours Monday through Friday shall be paid for at time and one-half (1-112) the established rate of wage.

Section 2. All work perfonned on recognized Holidays and Sundays shall be paid for at double the established rate of wage.

Section 3. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day shall be recognized Holidays.

ARTICLE XXI MINIMUM AND MAXIMUM WAGES

The wage rates and fringe benefits stipulated in this Agreement shall be the minimum and maximum rates to be paid by any Employer or accepted by an Employee covered by the tenns of this Agreement.

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ARTICLE XXII WAGES, RATES AND FRINGE BENEFITS LOCAL 1822

Section 1. The following wage rates and fringe benefits shall be paid effective the first full payroll period commencing on or after July 1 2015 ,

Health Wages &

Welfare

Counties of Franklin, Jefferson, Lewis and St. Lawrence $23.58 $7.20

Counties of Clinton, Essex and Warren $21.48 $8.00

Section 2. Future Increases for all of 1822: 7/112016 - $1.50 (distribution TBD) 7/112017 - $1.50 (distribution TBD) 7/l/2018 - $1.50 (distribution TBD) 7/l/2019 - $1.50 (distribution TBD) Increases will go into wages and existing benefits.

Section 3. Premiums

Pension D.C. Training Plan Fund

$10.90 $1.25 $0.80

$9.15 $1.25 $0.80

NYS Dues Ded.

LECET Health (% of gross lAF TOTAL

& hourly

Safety wage pd.)

$0.10 $0.05 -8.0% $0.13 $44.01

$0.05 $0.05 -9.5% $0.13 $40.91

Hazardous Waste & Asbestos Removal- $1.50 above the basic hourly rate (when required to wear personal protective equipment on a designated site) Bobcat and Forklift Driver - $1.00 above the basic hourly rate Foreman - $1.50 above the basic hourly rate General Foreman - $2.50 above the basic hourly rate

Section 4. When a watchman is employed on any job bid or awarded after May 31,1991, he shall be a member of Laborers Local 1822. Straight time will be paid to watchman for all hours worked including Saturdays, Sundays, and Holidays unless work hours exceed eight (8) hours per day, or forty (40) hours per week in which case one and one-half (1-112) times watchman rate will be paid for overtime. Watchman will be required to carry and eat lunch during working hours. A watchman will receive residential rate plus fringe benefits as listed in Article XXII, Section 1.

Section 5. A Laborer shall be paid for the entire day at the rate applicable to the highest classification in which he has worked that day.

Section 6. Construction Specialist- In the event that work not traditionally assigned to laborers is, by mutual consent of the parties, performed by laborers, a rate appropriate to the classification will be paid to the affected worker for his actual hours such work was performed.

Section 7. Laborers' are to be used for heater tenders. Employment of heater tenders shall be at the option of the Employer. Straight time will be paid for all hours worked including Saturdays, Sunday, and Holidays unless work exceed eight (8) hours per day or forty (40) hours per week in which case one and one-half(1112) times the laborer rate will be paid for overtime. Shift work shall not be required on heaters using natural or piped-in gas facilities. All hookups or changeovers shall be the work oflaborers.

Section 8. Tending of Masons, Plasters, and Cement Finishers shall include preparation of materials and the handling and conveying of materials to be used, whether such preparation, handling and conveyance is by hand or any other means.

Section 9. It is understood that an Employer that already has a Collective Bargaining Agreement with another craft covering the operation of a forkliftlbobcat will not be required to change his assignment. This classification is mainly for the benefit of General Contractors and Mason Contractors that do not have Agreements covering a Forkliftlbobcat.

Section 10. In the event a project requires drillers or blasters, a rate shall be established for those categories on a case-by-case basis.

Section 11. During the term of this agreement it is agreed that the parties to this contract will open the contract to discuss and negotiate new/additional work jurisdiction if another trade includes work jurisdiction in their agreement that is in conflict with work performed by the laborer.

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ARTICLE XXIII DEFINITION OF RESIDENTIAL CONSTRUCTION

Section 1. Residential construction is defined as the construction of one family, two family row housing, town houses, apartments/condominiums, and garden type projects or a combination thereof together with related service buildings and facilities which construction work may be performed wholly on-site or may consist of the assembly of off-site produced modules or components but any of which living units are in the finished form no more than four (4) stories high and are used as dwellings.

Section 2. Any work which is not specifically set forth in Section 1 above shall not be covered by this definition, but instead shall be covered by and performed pursuant to the remaining terms and conditions of this Agreement.

ARTICLE XXIV OVERTIME AND HOLIDAYS FOR RESIDENTIAL CONSTRUCTION

Section 1. All work performed before and after the regular working hours shall be paid for at time and one-half(1112) the established rate of wage Monday thru Saturday.

Section 2. All work performed on recognized holidays, as outlined in Article XX on Sundays, shall be paid at double the established rate of wage.

ARTICLE XXV WAGE PAYMENT

Section 1. Employees are to be paid weekly in lawful currency, except that employees may be paid by check if such payment is approved by the New York State Department of Labor, on the job before closing on Thursday or other regular day as may be dictated by the Employers payroll procedures. Such payroll envelope or voucher shall clearly show the following: Name of employee, classification(s), hours worked, rate of pay, total amount due, any amounts deducted for Social Security, other taxes or deductions, net amount paid, Employer's name and address, and the same shall constitute payroll record for employee.

Section 2. Employees discharged or laid off shall be paid with lawful currency or approved checks at the time of discharge or layoff. In the event employees are not paid off at the time of discharge or layoff, they shall be paid for all waiting time until such payment is received except where the delay was due to conditions beyond the control of the employer or through some fault of the employee. Employees leaving work of their own accord need not be paid until the regular payday.

Section 1. Welfare Fund Contribution

ARTICLE XXVI WELFARE AND PENSION

a) Pursuant to Section 302(c) (5) of the Labor Management Relations Act, as amended, each Employer shall contribute the amount stipulated in Article XXII hereof for each hour actually worked by each employee performing work covered by this Agreement, (whether or not such employee is a member of the Union) to the appropriate Fund Office.

For the counties of Franklin, Jefferson, Lewis and St. Lawrence: Laborers' Local No. 322 Welfare Fund PO Box 124 Utica, NY 13503-0124

For the counties of Clinton, Essex and Warren: Laborers' Local No. 186 Welfare Fund 10 Technology Drive Wallingford, CT 06492

Welfare payments shall be made monthly, unless the Trustees of the said Fund in writing authorize a longer period. Payments shall be due on or before the fifteenth (15th) calendar day of the month following the calendar month in which the work is performed.

b) The above listed Welfare Funds are jointly administered Trusts and shall be administered pursuant to the respective area's Agreement and Declaration of Trust, which shall conform to all requirements of the law. A copy of the said Agreement and Declaration of Trusts, together with any amendments thereto shall be is incorporated into this Collective Bargaining Agreement by reference as though fully set forth here at length. Copies of the Agreement and Declaration of Trusts, together with all amendments shall be available without cost of any contributing Employer upon demand.

Section 2. Pension Fund Contribution a) Pursuant to Section 302(c) (5) of the Labor Management Relations Act, as amended, each Employer shall contribute the amount

stipulated in Article XXII hereof for each hour actually worked by each employee performing work covered by this Agreement, (whether or not such employee is a member of the Union) to the appropriate Fund Office.

For the counties of Franklin, Jefferson, Lewis and st. Lawrence: Laborers' Local No. 322 Pension Fund

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For the counties of Clinton, Essex and Warren: Laborers' Local No. 186 Pension Fund

PO Box 124 Utica, NY 13503-0124

10 Technology Drive Wallingford, CT 06492

Pension payments shall be made monthly, unless the Trustees ofthe said Fund in writing authorize a longer period. Payments shall be due on or before the fifteenth (1 5th) calendar day of the month following the calendar month in which the work is performed.

b) The above listed Welfare Funds are jointly administered Trusts and shall be administered pursuant to the respective area's Agreement and Declaration of Trust, which shall conform to all requirements of the law. A copy of the said Agreement and Declaration of Trusts, together with any amendments thereto shall be is incorporated into this Collective Bargaining Agreement by reference as though fully set forth here at length. Copies of the Agreement and Declaration of Trusts, together with all amendments shall be available without cost of any contributing Employer upon demand.

c) When an unfunded vested liability exists in the Pension Fund, as determined by the Fund Actuary, the Associations shall have a right to insist that a portion of any negotiated wage increase shall be used to reduce the unfunded vested liability.

Section 3. Any Employer acting as a prime contractor refuses to make such payment on the ground that the Union and/or the Welfare Fund and/or the Pension Fund relating to his job, whether he performs the work himself or subcontracts the work out to another contractor for monies due to the Welfare Fund and/or the Pension Fund from his subcontractor until such time as the Union and/or the Welfare Fund/or Pension Fund have exhausted reasonable means of collecting monies from the subcontractor, subject to the following: a) In the event that the prime contractor refuses to make such payment on the ground that the Un ion and/or the Welfare Fund and/or

the Pension Fund has failed to exhaust reasonable means of collecting such monies from the subcontractor, the Union and/or Welfare Fund and/or the Pension Fund shall reduce its claim against the subcontractor to judgment and shall issue a property execution thereon. If such execution is returned wholly or partially unsatisfied, the prime contractor shall thereupon pay the monies due the Welfare Fund and/or the Pension Fund from his contractor together with the collection costs, including attorney fees incurred by the Union and/or the Welfare Fund and lor the Pension Fund is reducing the claim to judgment and issuing execution thereon.

b) In the event that the subcontractor shall be declared a bankrupt or insolvent it shall not be necessary for the Union and/or the Welfare Fund and/or Pension Fund to take any action against the subcontractor except the filing of the appropriate proof of debt or proof of claim in the bankruptcy or insolvency proceeding, in which event the prime contractor shall be liable for any deficiency resulting upon final distribution of the bankrupt's or insolvent's estate.

c) Notwithstanding the foregoing, the prime contractor is not responsible unless the Union and/or the Trustees of the Welfare and/or Pension Fund(s) give written notice to the prime contractor that the subcontractor is delinquent (1) within ninety (90) days after reports and payments are due, or (2) prior to the date final payment is received by the prime contractor from the owner, whichever occurs first.

d) In the event that the prime contractor shall fail to comply with the terms of this Section 3 XXVI, the Union shall have the right to strike the prime contractor upon giving three (3) days written notice of its intention to strike to enforce the provisions of this Section 3 Article XXVI.

e) The obligation of the prime contractors under this Section 3 of Article XXVI shall not include any obligation ofthe subcontractor under the Section 8 of this Article XXVI.

Section 4. In the event that any Employer does not make contribution s to the Welfare and/or Pension Fund as provided for herein, the Employer agrees that such delinquent Employer shall be charged with all of the collection costs, attorney's fees, auditor's fees and legal expenses incurred by the Trustees of the Welfare Fund and/or Pension Fund in collecting the monies due hereunder and that a money judgment may be rendered against such delinquent Employer for such costs, fees and expenses in addition to a money judgment for unpaid contributions. The Employer agrees that any such delinquent Employer shall also bear the legal expense incurred by said Trustees in connection with the institution of any criminal action under Section 198 (c) of the Labor Law of the State of New York relating to the Pension and Welfare benefits. It is understood and agreed that the conditions ofthis Section 4 Article XXVI are not applicable to the first instance attempt at collection of the contribution due from a subcontractor when such contribution or part thereof are paid by the said Employer guaranteeing collection.

Section 5. The books and records of each Employer pertinent to his employees shall be made available at all reasonable times for inspection and audit by the accountants of the Welfare Fund and/or Pension Fund, including without limitation, all payroll sheets, W-2 forms, New York State employment reports, Social Security reports, Insurance Company reports and supporting checks, ledgers, vouchers and any other items concerning payrolls. Inspection shall be restricted to verification of payments made and/or due to the Welfare and/or due to the Pension Funds. In the event the Employer shall object to the scope of the audit on the ground that it will involve disclosure of confidential matters he shall have the right to have the question reviewed by the Trustees of the Welfare Fund and/or Pension Fund and shall be bound by the decision of the Trustees (Employer and Union) as to the scope of the audit. Cost of inspection shall be borne by the Welfare and/or Pension Fund except in cases where an Employer is delinquent in making contributions, in which case the delinquent Employer shall bear the cost of inspection and audit as aforesaid.

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Section 6. Each employer shall furnish the Trustees of the Welfare and/or Pension Fund with periodic reports showing the names, Social Security numbers, hours worked and location of job of each employee performing work covered by this Agreement. Such reports shall be filed at the same time payments are required to be made under Sections 1 and 2 of this article. In the even that no workers are employed during the month a negative report shall be filed.

Section 7. Any Employer who fails to make contributions to the Welfare Fund and/or Pension Fund as herein above required shall be liable for all claims related to Welfare and/or Pension Benefits accruing in favor of his employees from the last reported date for which contributions have been made to the date of payments of all arrears, including collection, legal and auditing costs. Where a former employee of such delinquent Employer is found not entitled to Welfare and/or Pension Benefits would be entitled to benefits had the Employer filed reports and made contributions as required herein, the delinquent Employer shall also be liable for all claims of such former employee accruing during the period of delinquency.

Section 8. Except as otherwise provided in subdivision (d) of Section 3 of this Article, if Laborers are withdrawn from any delinquent Employer in order to enforce payment of contributions to the Welfare Fund and/or the Pension Fund, the Laborers who are affected by such stoppage of work shall be paid by the delinquent Employer at their regular rate of lost time not exceeding sixteen (16) hours.

Section 9. The Employer agrees that, should it become delinquent in any of its obligations to any Fund, as set forth in this Agreement, it shall be liable for such penalties and costs as may be provided for by the Trust Agreement, resolution and Collection Policy of the respective Fund(s), including, but not limited to, interest, liquidated damages, and costs of collection including attorney's and accounting fees.

Section 10. Acceptance of this Agreement shall automatically bind the participating Employers and all other Employers who become signatory hereto to the terms of the Trust Agreement under which the Welfare Fund and Pension Fund are operating.

Section 11. The parties hereby ratify and authorize participation of employees the Union in the plan established by the Welfare Fund and/or Pension Fund.

Section 12. The parties hereby ratify and authorize participation by the Welfare Fund and/or Pension Fund in arrangements with other Welfare Fund and/or Pension Fund in the trade commonly known as reciprocal agreements.

Section 13. PENSION FUND REHABILITATION PLANS a) The Trustees of Local No. 322 Pension Fund adopted a Rehabilitation Plan on or about 0512112010. Thereafter, the

Trustees of the Laborers' Local No. 322 Pension Fund provided to the parties the schedule(s) adopted as part ofthe Rehabilitation Plan. The parties predecessor collective bargaining agreement, which required contribution to the Laborers Local No. 322 Pension Fund, expired on 12/3112021. The parties did not enter into a final successor collective bargaining agreement before they received the Rehabilitation Plan schedule(s). The parties have negotiated and have adopted the schedule designated in the Rehabilitation Plan. That schedule is incorporated by reference into this collective bargaining agreement. Pursuant to such schedule, the parties, in addition to agreeing to the revised benefit structures set forth therein; also agree to contributions to the Laborers' Local No. 322 Pension Fund as provided for in this agreement, which amounts are no less than those referenced in the aforementioned Schedule(s).

b) The parties have negotiated and have adopted the schedule for Laborers' Local 186 Pension Fund as described in the Rehabilitation Plan. The schedule is incorporated by reference into this collective bargaining agreement. Pursuant to such schedule, the parties, in addition to agreeing to the revised benefit structures set forth therein, also agree to make contributions to the Pension Fund as provided for in this agreement, which amounts are no less than those referenced in the aforementioned schedule.

ARTICLE XXVII LABOR-MANAGEMENT COOPERATION

The Employer and the Union recognizes that they must confront issues of mutual concern, which are more susceptible to effective resolution through labor- management cooperation than through the collective bargaining process. To see resolution of these mutual concerns, to address issues regarding health and safety, and to advance mutual interests through labor-management cooperative efforts, it is agreed that the Employer shall contribute to the New York State Laborers'-Employers Cooperation and Education Trust, and to the New York Laborers' Health and Safety Fund, for the term of this Agreement, including any extensions or renewals thereof. The Employer shall contribute to the New York State Laborers'-Employers Cooperation and Education Trust at the rate stated in Article XXII of this agreement per hour for each hour worked. The Employer shall also contribute to the New York Laborers' Health and Safety Fund at the rate of five cents ($.05) per hour for each hour worked. The Employer shall submit all contributions and all contribution reports to the designated Laborers' Health and Welfare Fund referred to in Article XXII of this Agreement. The Health and Welfare Fund shall promptly forward the contributions and contribution reports to the designated Laborers' Health and Welfare Fund referred to in Article XXII of this Agreement. The Employer and Union hereby adopt and agree to be bound by the Agreement and Declaration of Trust establishing the New York State Laborers-Employers Cooperation and Education Trust, as amended, as well as the Agreement and Declaration of Trust establishing the New York Laborers' Health and Safety Fund, as amended.

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ARTICLE XXVIII INDUSTRY ADVANCEMENT FUND

Sectionl. Recognizing the need for providing a means, whereby Employers can facilitate and supplement the financing of its activities, which include but are not limited to public relations, public education as applied to the construction industry, Employer expenses incurred in the promotion and stability of relations between labor and management, maintaining facilities and pay cost for arbitration and adjustments of grievances between the Employer and the Union, and also other Employer activity engaged in from time to time, such as promotion of legitimate markets, standardization of contracts and research. It is mutually agreed by all parties to this Agreement that at no time shall any of these funds be used to support any anti-labor legislation, maintain a lawsuit against any local union or its international body or pay any salaries or expenses to any employee or Employer who is promoting non-union conditions or subsidize any contractor during a strike or lockout.

Section 2. The Employer shall pay to the appropriate Industry Fund of the Associations $0.13 per hour worked per employee covered by the terms of this Agreement. Said sum to be paid to said Funds used for the above mentioned purposes. Payments to the fund are included in the Fringe Benefit Report Forms and remitted in conjunction with these fringe benefits to the appropriate Local Funds Office. Monthly report forms are necessary. The Union shall not be held responsible for the collection of the Industry Fund.

For the counties of Franklin, Jefferson, Lewis and St. Lawrence: Laborers' Local No. 322 Fund Office PO Box 124 Utica, NY l3503-0124

For the counties of Clinton, Essex and Warren: Laborers' Local No. 186 Fund Office 10 Technology Drive Wallingford, CT 06492

Section 3. In the event that there should ever be any termination of payment required under this Article, the assets of such Funds hereby established shall not be distributed among any Employers or to any Union, but shall be held by the Board of Directors or their successors who shall continue to administer and expend such Fund assets for the purposes set forth herein and subject to such other conditions and limitations as are also herein provided.

ARTICLE XXIX APPRENTICESHIP

Section 1. New applicants for membership who cannot provide reasonable proof of 4,000 or more hours of employment as a Construction Craft Laborer or, alternatively, cannot demonstrate equivalent skills in a placement examination by the Joint Apprentice and Training Committee (JATC) shall, whenever possible, enter the Apprenticeship program. Any person entering but failing to maintain and complete his or her Apprenticeship shall not be employed by the Employer as a Journeyworker under this Agreement. The failure of any Apprentice to maintain his or her Apprenticeship shall obligate the Employer to discharge such person upon notice from the Union.

Section 2. The Employer shall participate in the Apprenticeship Program by accepting apprentices for employment upon referral of the Union.

Section 3. The ratio of apprentices to journeyworkers on any project site is one (1) apprentice to three (3) journeyworkers. The Employer may not employ an Apprentice until one Journeyworker is employed and thereafter may not employ more than one (1) Apprentice for every three (3) Journeyworkers.

Section 4. Apprentice applicants are required to have a substance abuse test and physical prior to acceptance in the program or Union. The Welfare Fund or Training Fund shall pay the cost for such testing. The Training Fund shall coordinate related administration.

Section 5. An apprentice shall not be penalized for taking time off from work to attend offsite training (though time off for training is unpaid.)

Section 6. The Employer may pay a higher rate of pay at its option. However, the apprentice must meet his/her commitments to the Joint Apprenticeship Committee regardless of the level being paid.

Section 7. The Employer shall pay an Apprentice the full fringe benefit package as described in this contract.

Section 8. Entry into the apprenticeship program shall be controlled by the JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one-hour-of-credit and wage rate category to another only upon determination of satisfactory performance by the JATC, which shall have the authority to grant accelerated credit where warranted by the performance of an individual apprentice.

Section 9. An Apprentice should, whenever possible, be rotated by the Employer through different types of work so as to become trained in a variety of operation and work skills. Where the Employer is unable to provide an Apprentice with experience in the full

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range of craft skills, the JATC may request the Local Union to reassign the Apprentice to other employment in order to provide that experience. For so long as, the Employer is able to provide the necessary range experience, the Employer may choose to retain the Apprentice from job to job but shall notify the union and JATC of all reassignments.

Section I 0._ Apprentice wage rates: Hours of Credit 0-1 000 hours 1001-2000 hours 2001-3000 hours 3001-4000 hours Over 4000 hours

Wage Rate 60% of Journeyworker 70% of Journeyworker 80% of Journeyworker 90% of Journeyworker Journeyworker rate

ARTICLE XXX TRAINING FUND

Section I._Each Employer shall contribute the amount stipulated in Article XXII, Section I, hereof for each hour actually worked by each employee performing work covered by this Agreement (whether or not such employee is a member of the Union) to the appropriate office.

For the counties of Franklin, Jefferson, Lewis and St. Lawrence: Laborers' Local No. 322 Training Fund 502 Court Street, Suite 235 Utica, NY 13502

For the counties of Clinton, Essex and Warren: Laborers' Local No. 186 Educational and Training Fund 23 Elm Street, P.O. Box 2585 Plattsburgh, NY 12901

Payments shall be made weekly or monthly unless the said Fund in writing authorize a longer period. Payments shall be due on or before the fifteenth (l5th) calendar day ofthe month following the calendar month in which the work is performed.

Section 2. The parties acknowledge that the Training Fund employer contribution required under this collective bargaining agreement includes $ .22 (twenty two cents) per hour allocated to the Upstate New York Laborers' Education & Training Fund ("Upstate Fund"), however, the hourly contribution rate may be adjusted as mutually agreed upon by the bargainers.

This allocation is agreed upon to make available training for bargaining unit employees through the efforts of the Upstate Fund, including the local training fund being the conduit to forward the agreed upon contribution to the Upstate Fund. The parties recognize the administrative ease of signatory employers only making a contribution to the local training fund and thereby not forwarding a separate transmittal check to the Upstate Fund.

Section 3. Any Employer acting as a prime contractor shall be responsible for all monies due to the Training Fund relating to his job, whether he performs the work himself or subcontracts the work out to another contractor. The Union agrees that it will not seek payment from the prime contractor for monies due to the Training Fund from his subcontractor together with the collection costs, including attorney fees, incurred by the Union and/or Training Fund in reducing the claim by the judgment and issuing execution thereon.

a) In the event that the prime contractor refuses to make such payment on the ground that the Union and/or the Training Fund has failed to exhaust reasonable means of collecting such monies from the subcontractor, the Union and/or Training Fund shall reduce its claim against the subcontractor to judgment and shall issue a property execution thereon. If such execution is returned wholly or partially unsatisfied, the prime contractor shall thereupon pay the monies due the Training Fund from his subcontractor together with the collection costs, including attorney fees, incurred by the Union and/or the Welfare Fund and lor the Training Fund in reducing the claim by the judgment and issuing execution thereon.

b) In the event that the subcontractor shall be declared a bankrupt or insolvent it shall not be necessary for the Union and/or the Training Fund to take any action against the subcontractor except the filing of the appropriate proof of debt or proof of claim in the bankruptcy or insolvency proceeding, in which event the prime contractor shall be liable for any deficiency resulting upon final distribution of the bankrupt's or insolvent's estate.

c) Notwithstanding the foregoing, the prime contractor is not responsible unless the Union and/or the Trustees of the Training Fund give written notice to the prime contractor that the subcontractor is delinquent (I) within thirty (30) days after reports and payments are due, or (2) prior to the date final payment is received by the prime contractor from the owner, whichever occurs first.

d) In the event that the prime contractor shall fail to comply with the terms of this Section 2 of Article XXX, the Union shall have the right to strike the prime contractor upon giving three (3) days written notice of its intention to strike to enforce the provisions of this Section 2 Article XXX.

e) The obligation of the prime contractors under this Section 2 of Article XXX shall not include any obligation of the subcontractor under the Section 6 of this Article XXX.

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Section 4. In the event that any Employer does not make contributions to the Training Fund as provided for herein, the Employer agrees that such delinquent employer shall be charged with all of the collection costs, attorney's fees, auditor's fees and legal expenses incurred by the Trustees of the Training Fund in collecting the monies due hereunder and that a money judgment may be rendered against such delinquent Employer for such costs, fees and expenses in 1ddition to a money judgment for unpaid contributions. It is understood and agreed that the conditions of this Section 3 Article XXX are not applicable to the first instance attempt at collection of the contribution due from a subcontractor when such contribution or part thereof are paid by the said Employer guaranteeing collection.

Section 5. The books and records of each Employer pertinent to his employees shall be made available at all reasonable times for inspection and audit by the accountants of the Training Fund, including, without limitation, all payroll sheets, W-2 forms, New York State employment reports, Social Security reports, Insurance company reports and supporting checks, ledgers, vouchers and any other items concerning payrolls. Inspection shall be restricted to a verification of payments made and/or due to the Training Fund. In the event the Employer shall object to the scope of the audit on the ground that it will involve disclosure of confidential matters he shall have the right to have the question reviewed by the Trustees of the Training Fund and shall be bound by the decision of the Trustees as to the scope of the audit. Cost of inspection shall be borne by the Training Fund except in cases where an Employer is delinquent in making contributions, in which case the delinquent Employer shall bear the cost of inspection and audits as aforesaid.

Section 6. Each Employer shall furnish the Trustees of the Training Fund with periodic reports showing the names, Social Security numbers, hours worked and location of job of each employee performing work covered by this Agreement. Such reports shall be filed at the same time payments are required to be made under Section 1 of this Article. In the event that no workers are employed during the month a negative report shall be filed.

Section 7. Except as otherwise provided in subdivision (d) of Section 2 of this Article, if Laborers are withdrawn from any delinquent Employer, in order to enforce payment of contributions to the Training Fund, the Laborers who are affected by such stoppage of work shall be paid by the delinquent Employer at their regular rate for lost time not exceeding sixteen (16) hours.

Section 8. The Employer agrees that, should it become delinquent in any of its obligations to any Fund, as set forth in this Agreement, it shall be liable for such penalties and costs as may be provided for by the Trust Agreement, resolution and Collection Policy of the respective Fund(s), including, but not limited to, interest, liquidated damages, and costs of collection including attorney's and accounting fees.

Section 9. The parties hereby ratify and authorize participation of employees the Union in the plan established by the Training Fund.

ARTICLE XXXI DUES DEDUCTION

Section 1. The Employer shall deduct from the basic wage rate of employees as set forth in Article XXII, Section I, the amount of eight percent (8%) (for the counties of Franklin, Jefferson, Lewis and St. Lawrence) or nine-and-a-halfpercent (9.5%) (for the counties of Clinton, Essex and Warren) of gross hourly wages paid as a basis for the dues deduction.

Section 2. No deduction shall be made for dues for any such employee unless the employee has deposited with the Employer a copy of an executed dues deduction authorization form which shall in no event be irrevocable for a period of more than one (1) year or the termination date of this Agreement, whichever shall be less.

Section 3. Executed copies of the dues deduction cards approved by the Employer as to form will be kept on file by the Union and the Associations (or such other Employer group as the Associations and the Union may agree).

Section 4. The Employer assumes no obligation with respect to the obtaining of dues deduction authorization cards signed by his employees, it being understood that this is the duty and obligation of the Union.

Section 5. With respect to any such employee for whom a dues deduction authorization card has not been furnished, the gross basic wage rate appearing here to fore in Article XXII, Section 1, shall be paid to such employee on a straight and/or time and one-half(l-112) and/or double (2) times basis as shall be applicable under this agreement.

Section 6. Dues shall be first deducted in the first full payroll period following the furnishing of authorization cards.

Section 7. The Union shall indemnify and save harmless the Employer against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer in reliance upon dues deduction authorization cards furnished by the employees and/or the Union.

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ARTICLE XXXII SIGNED AGREEMENT AND LISTS OF MEMBERS

The Local Unions shall provide the Associations and Trustees of the Funds herein established or contained herein, true copies of all agreements without exception as may be negotiated by the Local Unions with Employers not represented by the Associations.

The Associations shall, periodically, furnish the Local Unions with a membership list of those Employers having executed the Designation of Bargaining Agent Form.

ARTICLE XXXIII SEVERABILITY

In the event that any part of this Agreement is found to be illegal by any court of law or by any Federal or State Administrative Agency, then it is distinctly understood that the remainder and balance of the Agreement shall remain in full force and effect for the term of the Agreement and that such a finding shall not effect the remainder of this Agreement. For this purpose the provisions of this Agreement shall be sever able and the illegality of one shall not make the remainder of the Agreement null and void.

ARTICLE XXXIV COMPLETE AGREEMENT

The parties acknowledge that during negotiations which resulted in this Agreement, each had unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

ARTICLE XXXV STRIKES AND LOCKOUTS

Section 1. During a wildcat or unauthorized strike the Union must request workers to report to work.

Section 2. The Union agrees there will be no strikes, slowdowns, picketing, or other work stoppages during the term of this Agreement by reason of any matter subject to the grievance procedure and arbitration clause (Article XXXVI) of this Agreement, and the Employer agrees that there will be no lockout, provided however, a) The Union and/or employees shall not be deemed in violation of this provision in the event that it or they honor a picket line

established by any other Union of the employees of any other employer. b) In the event that either party shall refuse to comply with the grievance and arbitration procedure or a decision or award of the

Joint Committee or the Arbitrator, as the case may be, the other party shall not be deemed in violation of this provision in the event that it shall take economic action with regard to such dispute.

In the event an Employer is forced to cease or curtail operations as a result of lack of work for this trade as a result of labor relations with another Union, or in the event an Employer shall refuse to employ any person who is on strike in this or another jurisdiction, then such Employer shall not be deemed in violation of the Agreement.

ARTICLE XXXVI GRIEVANCE AND ARBITRATION PROCEDURE

Section 1. This Collective Bargaining Agreement contains a mandatory grievance adjustment and arbitration procedure for resolving questions not expressly excepted. During the term of this Agreement, except as otherwise hereinafter provided, any questions, controversy, dispute, interpretation, misunderstanding, or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association under the laws of the State of New York, and the award rendered in such arbitration shall be final and binding on the parties here to subject to the Civil Practices Law and rules.

Section 2. During the term of this Agreement, the Union shall not authorize, order or permit any strike, slowdown, or other work stoppage, nor shall it permit, aid or support unauthorized strikes, slowdowns, or work stoppage by its members. The parties hereto expressly agree that strikes, slowdowns, or other work stoppage cause irreparable injury to the Employers.

Section 3. No employee shall have the right to institute any action, grievance, arbitration, or special proceeding under this Agreement, but all such shall only be instituted by the Union, Employer or the Associations.

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Section 4. The following tenns and conditions of the Agreement or issues involving such are expressly excluded from arbitration and are not to be detennined by arbitration: The setting of rates of payor hours of work, and claims of work jurisdiction or matters related thereto.

Section 5. a) ESTABLISHMENT OF JOINT COMMITTEE

The Local Union and the Associations shall together establish for the duration of this Agreement a committee to be known as the "Laborers Local Building Construction Joint Grievance Committee" (hereinafter referred to as the "Joint Committee").

The Joint Committee shall consist of two (2) representatives of the Associations and two (2) representatives of the Union. All meetings of the Joint Committee must be attended by each representative or his alternate, as may be designated by the Associations or Union, but the absence of any member or Alternate shall not invalidate the action of the members of the Joint Committee providing at least one representative of each party is present.

It shall be the function of the Joint Committee to settle disputes and grievance which cannot be settled in accordance with the steps of the grievance procedure hereinafter detailed. The Joint Committee shall meet periodically and shall fonnulate rules of procedure to govern the conduct of its proceedings including the time, date, and place of meetings.

A decision by a majority of the Joint Committee shall be final and binding on the parties and employees involved. Failure of either party involved to comply with any final decision of or to submit to the jurisdiction of the Joint Committee shall give the other party the immediate right to all legal and economic recourse.

b) PROCEDURE FOR ADJUSTMENT OF GRIEVANCES AND DISPUTES All grievances or disputes involving any controversy, dispute or misunderstanding arising as to the meaning, application or observance of any provisions of this Agreement shall be handled in the manner hereinafter set forth. It is agreed that all matters, not having been expressly excluded, pertaining to the interpretation of this Agreement must be referred to the Joint Committee, provided that if a grievance has not been filed, the matter shall not be a subject of arbitration until a grievance is filed.

Step 1. All grievances must be made known in writing to the other party within seven (7) calendar days after the reason for such grievance has occurred. The aggrieved employee's Job Steward or Business Manager of the Local Union shall first submit a written grievance to the Job Superintendent or duly authorized representative of the Employer. The Job Steward and Business Manager of the Local Union of the employee or the employees involved shall be present at any meeting between the aforementioned employer representative and such employee or employees. The authorized employer representative must make a written disposition ofthe matter within three (3) working days after the submission of such written grievance thereto.

Grievances brought by the Employer or Associations shall be submitted to the Business Manager of the respective Local Union in writing who shall be present at any meeting with the Employer or Association representative. The Business Manager must make a written disposition of the matter within three (3) working days after submission of such written grievance thereto.

Step 2. If the disposition of the matter by an authorized employer or Union representative is not satisfactory, the matter must be taken up by the Business Manager and the appropriate designated Association Representative within three (3) working days of the written disposition set forth in Step I. Step 3. If the disposition of the matter in Step 2 is not satisfactory, either party has a right to file its grievance with the Joint Committee within three (3) working days after Step 2 on the fonns provided by the Joint Committee and in the manner therein prescribed.

c) DISPOSITION OF DISPUTES BY THE JOINT COMMITTEE The Joint Committee shall have the right to investigate all pertinent facts with respect to any dispute submitted in accordance with the aforestated procedure.

The Joint Committee upon each dispute or grievance processed in accordance with this Article after completion of or as a part of Step 2, shall have the right to examine any (other) records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute. Both parties shall be entitled to examine such evidence and witnesses in support of their position as they see fit.

d) ARBITRATION If any grievance or dispute cannot be satisfactorily settled by a majority decision of the panel of the Joint Committee then the grievance shall be submitted to the American Arbitration Association as spelled out in paragraph 1 of this Article.

e) EXCLUSION OF WAGES AND FRINGE BENEFITS The failure of the Employer to pay wages and fringe benefits in accordance with the terms and conditions of this Agreement and the Supplemental Agreements hereto shall be considered a violation not subject to the arbitration procedure. After serving notice in writing to the Employer and the Association, the :Union shall have the right after seven (7) working days from date of receipt of such notice to take whatever economic action it may desire to compel the payment of the outstanding amounts owed.

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Section 6. The arbitrator shall be bound and governed by the express provisions of this Agreement and shall be restricted in the application thereof to the facts presented in the arbitration. The arbitrator shall not have jurisdiction or authority presented in the arbitration. The arbitrator shall not have jurisdiction or authority to add to, modifY, detract from, or alter in any way the terms, conditions and provisions of this Agreement or any amendment of supplement hereto, or to add new provisions of this Agreement or to any supplement or amendment thereto. In the event the arbitrator is unable to decide the issue, then he shall return the question to the parties with is reasons therefore in writing, and the original decision of the Employer shall stand.

Section 7. The administrative costs of arbitration including the fees and expenses of the arbitrator and an original transcript of the hearing shall be borne by the parties in accordance with the award of the arbitrator.

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FOR:

FOR:

Todd G. Helfrich President and CEO Eastern Contractors Association, Inc.

Richard L. Daddario Business Manager

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Signature

Earl R. Hall Executive Director Construction Employers Association of Central NY, Inc.

SIGNATURE PAGE FOR NON-ASSOCIATION EMPLOYER

The Undersigned Employer doing business as _________________________ _

and having principal offices at ______________________________ _

______________________ Z~Code _____________ _

Federal LD. No. ______________ _

Phone No. ______________________ FaxNo., ____________________________ _

E-Mail: ________________ _

Unemployment Insurance Carrier & Policy # ________________________ _

DBL Insurance Carrier & Policy # ____________________________ __

has read and is fully familiar with all of the terms of this Agreement by and between the CONSTRUCTION EMPLOYERS ASSOCIATION OF CENTRAL NEW YORK, INC. AND EASTERN CONTRACTORS ASSOCIATION, INC. (herein after called "Association") and the LABORERS' UNION OF NORTH AMERICA (AFL-CIO), dated June I, 2015, and agrees to adhere to and be bound by all the terms thereof, as well as revisions and amendments adopted pursuant thereto.

The Employer agrees to accept the terms of Trust Agreements, as amended, establishing the variousWelfare, Pension, LA.F., Training Fund, New York State Laborers-Employers Cooperation and Education Trust, New York Laborers Health and Safety Fund of the said Local Union and the Employer designates as its representatives and Trustees on said Funds, the Trustees selected by the above Association now serving or who may in the future serve as vacancies occur.

SIGNATURE & TITLE SIGNATURE & TITLE

EMPLOYER NAME UNION

Copy To: CONSTRUCTION EMPLOYERS ASSOCIATION OF CENTRAL NEW YORK, INC. 6563 RIDINGS ROAD SYRACUSE, NY 13206

EASTERN CONTRACTORS ASSOCIATION, INC. 6 AIRLINE DRIVE ALBANY, NY 12205

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EXHIBIT I CRAFT JURISDICTION

The work processes outlined below shall be in keeping with prevailing area practices and in keeping with tasks normally associated with the Laborers Craft.

Carpenters helper; mason and plasterer tender; fire watchers; flag persons; cleaners and grubbers; general cleaners and housekeepers; concrete, grout and asphalt placement; any placement of concrete on building site laborers; concrete curers; laborers who load or unload certain wood products by hand or by power; laborers who load or unload scaffold by hand or by power; laborers who strip certain forms and bulkheads; sandblasting and gunnite nozzle operators; gun and hose operators on hydro lasers, water blasters and steam gennies; green cutters; scarifiers; signalers; certain gas and electric pump operators; push type equipment operators; laborers who handle, maintain, and tend certain generators; laborers doing wrecking and demolition; pipelayers; tampers; driller helpers; airtrack operators and chuckers; forklift operators; window washers; floor polishers; pick and shovel laborers; lagging; chain saw operators; backfillers; heater tenders and radiation shielding and decontamination workers; watchperson

+:+ Specifically but not limited to the above and following descriptions:

Building Construction General Laborers shall perform the following work: 1. The handling of all kinds of brick, tile, cement block, or any artificial stone or brick. 2. The handling and screening of sand. 3. The turning ofhand hoisted machinery. 4. The clearing of floors. 5. The placement of concrete and asphalt, including digging of trenches for footings, and pier holes. 6. The tending of Masons, cement finishers, bricklayers, plasters, stone masons, and lathers. 7. The tending to carpenters. 8. The oiling of all forms and lumber. 9. Operation and maintenance of vibrators, air or electrics hammers, power driven buggies, wheel barrows, and the pumping

process for plaster, mortar, concrete, or other mason materials. 10. Pumping and bailing of water by hand or mechanical pump regardless of power source and method. 11. The tending to masons on cesspools, septic tanks, dry wells. 12. Mowing, pruning, seeding, mulching, sodding, landscaping. Applying fertilizers, pesticides, fungicides, herbicides, and other

such materials; maintaining safety and clean-up precautions. Washing and sweeping pathways. 13. The erection and handling of all hanging scaffolds and screening. 14. Unloading and carrying to buildings of hollow metal bucks and doors. 15. Transporting of all materials covered by this Agreement from the place where the driver can deliver such material. 16. The conveying handling and place of all materials covered by this agreement by any mode or method. 17. All drilling on building, construction work done by pneumatic or electric power or any other process having to do with

excavation or demolition work. 18. All demolition including partial demolition; regardless of usage (i.e. salvage reused off site, recycled, resold, etc.) 19. The erection and dismantling of scaffolds, including trestles and horses used by any masonry trade, plasterers, lathers,

bricklayers, and masons and the stocking of all material used in masonry work. 20. The planking of all scaffolds used by masonry trades, including building of runways. 21. The operation and maintenance of mixers whether used for mortar, plaster, or concrete. 22. The handling and maintenance of all propane, fuel oil, coke or any type salamanders, and all blower type heaters. 23. Handling of all precast, reinforced, prestressed, or pretension concrete planks. 24. The cleaning and clearing of all debris. 25. Conducting Oxyacetylene cutting operations where appropriate. Maintaining and cleaning site and area. Sizing and stocking,

storing, loading, and handling material and debris from construction and/or demolition operations. 26. Set up of all hydromobile scaffolding. 27. Installation and set up for all brick and stone pavers. 28. Scraping of floors, removal of surplus material from fixtures within its confines, and cleaning in building and construction

area. 29. The general cleaning up including sweeping, cleaning, wash down and wiping of construction facility, equipment and

finishing and removal and loading or burying of all debris including crates, boxes. 30. The cleaning of bathrooms, kitchens, laboratory and all fixtures and facilities therein. 31. Clean up mopping, washing, waxing, and polishing or dusting of all floors or areas. 32. Unloading, handling and distribution of all materials, fixtures, finishing and appliances, from point of delivery or stock piles,

and from stock piles to approximately the point of installation. 33. Drying of plaster, concrete, masonry, and mortar, when done by salamander or blower heat regardless of nature of the fuel or

energy or any other drying process. 34. The leveling and tamping of all fill used to backfill footers and foundations.

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35. The aging and curing of concrete, mortar, and other materials applied to walls, floors, ceilings, and foundations of buildings and structures.

36. Mixing and handling of concrete, bituminous, concrete, or aggregates, for walls, footings, foundations, floors or, or any other construction.

37. Handling, conveying pouring, vibrating, gutting, and placing concrete or aggregates, whether done by hand, pumping, conveyer, or any other process.

38. Wrecking, stripping, dismantling and handling of concrete forms. 39. Operation and maintenance of motorized wheelbarrows, buggies, conveyor, used for mason materials, or machines of similar

character, whether run by gas, diesel, electric or other power. 40. When concrete or aggregates are conveyed by crane or derrick, or similar methods of hooking on, signaling, dumping and

unhooking the bucket. 41. Placing of concrete or aggregates, whether poured, pumped, or placed by any other processes. 42. The assembly, uncoupling of all connectors and parts of the equipment and used in mixing or conveying concrete, aggregates,

or mortar, and the cleaning of such equipment, parts and connections. 43. All vibrating, spreading, flowing, puddling of concrete or aggregates by hand or by mechanical means prior to finishing. 44. Where prestressed or precast concrete slabs are used, all loading, or unloading stock piles, hooking on, unhooking, setting and

barring into place of slabs. 45. All mixing, handling and conveying of grout for any purpose. 46. Green cutting of concrete or aggregates in any forms by hand, mechanical means, grindstones, air, electrical, water. 47. Handling operation and maintenance of electric generators up to 5KW for temporary use in building construction including

use for temporary heat. 48. The stripping of forms, other than panel forms. 49. The moving, cleaning, oiling, and carrying of all forms to the point of erection. 50. Handling and placing and operation of the nozzle, hoses and pots or hoppers on sand blasting or other abrasive cleaning. 51. Signaling and directing of all trucks, cranes, concrete buckets and materials that are handled by laborers. 52. Exclusive operation maintenance and handling of Barco tampers, flame throwers, natural and propane gas heaters, blower type

heater, and hydraulic lift trucks. 53. Turbo jet fire watch-Then used in any area where fires may occur within and around building construction. 54. Handling of concrete chutes, rough cleaning. 55. Assisting in the operation of surveying and related field equipment such as Lasers and GPS and any other instrument when

used for transferring and alignment of grade from primary layout including set up and use of all grade and pipe lasers while performing laborers' duties.

56. Grading, landscaping, tree work and ground work around building construction. 57. Hanging of tarpaulins on building. 58. Unloading, hoisting, and carrying of rock. 59. The laying of all pipes from 5' of the building line. 60. When wagon drills or air tracks are being used, there shall be a helper to each wagon drill operator at all times. Where there is

a Quarry Master Machine in operation, a blaster is to be employed to load holes. When Jumbo type drill is used; one drill runner and one helper shall be employed on each wagon drill attached to a Jumbo or air track.

61. The work of Pit Men and Dump Men shall be performed by members of the Laborers. 62. Asbestos removal as per International Agreements. 63. When temporary heat is required for drying of masonry and concrete work, it shall be attended by Laborers, unless previously

assigned by mutual agreement to the work of other Union crafts. 64. Handling and site readiness for all solar panels.

Any equipment or process, including automation that replaces work that is being performed or has been traditionally performed by laborers, shall be assigned to laborers, subject to overriding statues, ordinances.

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LABORERS

HEAVY & HIGHWAY

2019-2022

AGREEMENT Between LABOR RELATIONS DIVISION CENTRAL NEW

YORK REGION ASSOCIATED GENERAL CONTRACTORS OF NEW YORK

STATE, LLC

and

LOCALS 633, 785 and 1822 LABORERS' INTERNATIONAL UNION OF

NORTH AMERICA

ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE, LLC 10 Airline Drive, Suite 203

Albany, New York 12205-1025 Tel: (518) 456-1134 Fax: (518) 456-1198

Email: [email protected] Website: agcnys.org

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INDEX ARTICLE PAGE Preamble................................................................................................... 3 I. Liability……………………….............................................................. 3 II. Definition............................................................................................. 3 III. Geographic Jurisdiction……………………….................................. 4 IV. Union Jurisdiction............................................ ................................. 5 V. Pre-Job Conference............................................................................. 6 VI. Union Rights. .................................................................................... 6 VII. Management Rights……….............................................................. 8 VIII. Work Conditions............................................................................. 8 IX. Hours of Work................................................................................... 9 X. Holidays.............................................................................................. 10 XI. Show-Up Time.................................................................................. 10 XII. Payday and Mode of Payment.......................................................... 10 XIII. Laborer Foreman............................................................................. 11 XIV. Subcontracting................................................................................ 11 XV. Safety .............................................................................................. 13 XVI. Joint Policy on Substance Abuse.................................................... 13 XVII. Pension, Welfare, S.U.B., Annuity and Training Funds .............. 13 XVIII. Labor-Management Cooperation ................................................ 15 XIX. Jurisdictional Disputes .................................................................. 16 XX. Watchmen and Guards ................................................................... 16 XXI. Status Quo on Certain Equipment................................................. 16 XXII. Arbitration.................................................................................... 17 XXIII. Deductions.................................................................................. 19 XXIV. Equal Employment Opportunity................................................. 19 XXV. Most Favored Employer.............................................................. 20 XXVI. Apprenticeship ........................................... ................................ 20 XXVII Savings Clause .......................................................................... 21 XXVIII. Wages ...................................................................................... 21 XXIX. Duration and Termination .......................................................... 23 Individual Employer................................................................................ 24

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AGREEMENT

THIS AGREEMENT, made this 19th day of April, 2019 by and between the LABOR RELATIONS DIVISION, CENTRAL NEW YORK REGION, of the ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE, LLC. (hereinafter referred to as the "Association"), acting for and on behalf of its present and future members, and LOCALS 633, 785 and 1822 of the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA (hereinafter referred to as the "Union"). Pursuant to the Uniform District Council Constitution of the Laborers' International Union of North America, Laborer Locals 633, 785 and 1822 are affiliated Locals of the Upstate New York Laborers' District Council ("District Council") and, as such, collective bargaining and ratification is conducted by the District Council on behalf of Laborer Locals 633, 785 and 1822. Entering into this agreement will not bind the parties to the terms of any other agreement entered into by the District Council on behalf of its other affiliated Locals. Notwithstanding the above or other language in this agreement, each of the three local Unions are bargaining independently and each Local Union solely determines the terms and conditions of this agreement and the approval process for its members. The collective bargaining resulting in this agreement was done jointly and does not interfere with each Local Union acting independently. WITNESSETH: WHEREAS, the parties hereto desire to stabilize employment in the Heavy and Highway Construction Industry, agree upon wage rates, hours, and conditions of employment. NOW, THEREFORE, the undersigned Association and Union, in Consideration of the mutual premises and covenants herein contained, agree as follows:

ARTICLE I - LIABILITY 1. The Association and the Unions named herein are negotiating agents for their present and future members. For any breach of this Agreement the liability of the members of the Association and the Local Unions shall be several and not joint and the liability of the Association shall only be that of negotiating agent without liability for the acts of its respective members. 3. Upon request by the Employer, the Union shall notify the AGC/LRD of all contractors and subcontractors who shall become signatory to this agreement during the life of the agreement. Upon request by the Employer, the AGC will furnish to the Union a list of all Union members. 4. "Upon request by the AGC/LRD and with approval of the Local Union Board of Trustees, the Union will furnish an annual report to the AGC/LRD a list of all Employers making payments to the Funds for work performed under this agreement." 9. The Association shall notify the Union in writing within seven (7) days after the time that a new member joins the Association and becomes a member of the L.R.D./A.G.C. - Central New York Region.

ARTICLE II - DEFINITION 1. This Agreement is to cover all Highway and Heavy Construction which, for the purposes of this Agreement, is defined as including, but not limited to, the construction of: highways, roads, streets, alleys, grade crossings, driveways, sidewalks, curbs, guard rails, fences, culverts, parkways, parking areas, runways, taxiways, ramps and aprons and related work for excavation for conduit, bases and foundations for lighting,

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signs and sign structures, and water lines and deicing systems; athletic fields; highway and railroad and similar structures; railroad and street railway projects; railroad track work; sewers; sewage treatment projects; pumping stations; sedimentation beds; water mains, grade separations, foundations incident to the work herein described; abutments, retaining walls, viaducts, track elevations, elevated highways, drainage and reclamation projects; reservoirs and water supply projects; pure water projects; power plant construction outside the building line and inside the building line to the first floor level; water pollution control treatment plants; water power developments, hydroelectric developments, transmission lines, duct lines, pipelines, docks, dams, dikes, levees, revetments, irrigation and flood control projects, channels, channel cutoffs, dredging projects, jetties, break waters, locks, piers, pile driving, work on barges traditionally performed by Laborers, industrial sites, school sites, tank farms, bulk plants, storage tanks and reservoir replacement tanks, windmill facilities, bobsled, luge runs, ski jumps, ski slopes, outside skating rinks, outside synthetic tracks, outside synthetic playing fields, and all earth moving, including the installation, operation, maintenance and disassembly of construction equipment and plants used in connection with and servicing the aforementioned work. Tank farms, bulk plants and pumping states are included 2. Certain types of work hereinabove described are more specifically covered as follows: (a) On pipeline construction both liquid and vapor from the first metering station or connection of the main transmission carrier to the distribution carrier, and transmission and distribution systems, underground and above ground communication systems, foundations and excavation on power transmission lines, oil static lines. Tank farms, bulk plants, and pumping stations are excluded. (b) Construction of sewer (sanitary and storm) and water lines and mains; (c) Sewer and water plant construction defined as any structure for which the purpose is water purification or sewage treatment; (d) Borings, culverts and tunnels (for highway and railroad crossings) incidental or in conjunction with the work mentioned above at (a), (b) and (c); (e) The work mentioned in (b), (c), and (d) of this section on industrial, commercial, and school sites. (f) Work covered in Section 2 shall be performed pursuant to this Agreement in so far as it does not conflict with the national pipeline agreement. (g) Worker and foremen conditions for this work are specifically described in Article XIII, Section 5.

ARTICLE III - GEOGRAPHIC JURISDICTION 1. This Agreement is to cover all Heavy and Highway Construction work in the geographical jurisdiction of Locals 633, 785, and 1822 as provided for in Section 2. 2. The geographic jurisdiction as stated will not be changed for the purposes of this Agreement during the duration of such Agreement. 3. It is agreed that the Business Agents names and phone number will be updated and the information is to be supplied by the Union. Local No. 785 - The Binghamton Region of Local 785 includes the entire County of Broome; Chenango County except the Townships of Sherburne, Columbus and New Berlin; Delaware only the Townships of Sidney, Masonville, Walton, Tompkins, Deposit, Hancock and Colchester; County of Tioga except for Candor and Spencer. The Ithaca Region of Local 785 includes the entire counties of Tompkins, and Cortland; in Schuyler County only the Townships of Catherine including the Village of Odessa; in Tioga County only the Townships of Candor and Spencer

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The Elmira Region of Local 785 includes the entire Counties of Chemung and Steuben; Schulyer entire County except for the Township of Catherine. Business Manager David Marsh 622 West State Street Ithaca, NY 14850 (607) 272-3122 FAX: (607) 277-6883 E-mail [email protected] www.laborers785.org LOCAL NO. 1822 - Counties of CLINTON, ESSEX, FRANKLIN, JEFFERSON, LEWIS, ST. LAWRENCE, and WARREN. Business Manager Richard Daddario 49 1/2 Maple Street P.O. Box 361 Massena, NY 13662 (315) 769-8731 FAX: (315) 769-8522 LOCAL NO. 633 - County of ONONDAGA, OSWEGO, and CAYUGA Business Manager Gabriel Rosetti 4051 Fly Road, Suite A E. Syracuse, NY 13057 (315) 471-1591/4812 FAX: (315) 474-4025

ARTICLE IV - UNION JURISDICTION 1. This Agreement is to cover all watchmen, flagmen (all crafts), fire watchmen, traffic control men, laborers, foremen (grade, pipe, concrete, forms, seeding, asphalt, clearing and grubbing, clean-up, stonelaying) in the performance of: the laying of all types of pipe and conduit, including the relining and inspection, whether mechanical or physical of existing pipe and the fusion of plastic pipe; the installation of open trench shoring and shield; the loading and unloading and distribution of all materials by any means; the handling, loading, unloading, distribution, installation, dismantling, removal, stockpiling, resetting of all guard rails and guide rails, highway signs and road markers; drilling, installation and grouting of anchor systems; handling and installation of noise barriers and traffic barriers, whether permanent or temporary; the spreading and pouring and raking and tamping of all asphalt and concrete materials and the bull floating (strike off) of all concrete; curing of concrete; the laying of all types of stone or manufactured curb, rip-rap, paving blocks, unit pavers, concrete blocks (paving), Belgium Block; assembling and placing of Gabion and all similar types of baskets; the handling, loading and stringing of all wood products by hand or power; unloading and installation of lagging (wood, concrete, and steel), the sharpening of all air tool bits and drills and bull points; any and all types of heaters to be attended and handled and fueled by Laborers at all times when in use except where existing agreements provide otherwise; the handling, the laying and placing of forms used for curbing, gutters, roads and sidewalks and the stripping of same; the placing, setting and maintenance of all flares, blinker lights and reflectors; cutting and chipping of all concrete, asphalt, masonry, steel beams and rods on roads, bridges, abutments, footer, foundations, piers, columns, walls, road joints on all demolition or rehabilitation projects; the handling, the loading and unloading and distributing of chain-link fence; handling and erecting of wire fence; the sandblasting and applying of sealers and hardeners and epoxy on concrete and

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asphalt work; bridge washing and sealant application; applying of sealers and hardeners and epoxy, clear or pigmented on concrete and asphalt work; bridge washing and sealant application; the nozzle operators on sandblasting and guniting operations; the signaling of all materials (manufactured or otherwise) which is handled or put in place by laborers; operation of any pumps necessary in the performance of laborers work, pumps to be attended, handled and fueled by laborers; the operating of all types of machines used to seal any type of joints; the operating and servicing of mortar mixers and conveyors used in laborers' work regardless of number; the operating and servicing of rock drilling machines; the blasting and dynamiting of all rock; the placing of all precast and prestressed materials except when placed or installed by the manufacturer pursuant to its collective bargaining agreement; handling, unloading, loading, assembling and laying of all multiplate; the operation of all air, gas, electric, oil and other type of motor driven tools including all pusher type equipment; the handling, tending and maintaining of Homelite and like generators; wrecking and demolition; containment membrane liner; reinforced earth walls. Gang drill, walk behind power unit (Dingo or similar), auguring for any excavation and installation for caisons for sign foundations, automatic screed grade and slope control on asphalt paver and milling machine, operation of any pumps necessary in the performance of laborers work. Maintenance of heat at all times when in use in the performance of work assigned to Laborers. Work historically performed by Laborers and the tools used in the performance of this work shall not change due to technological advances including tools operated remotely. Installation of ground mounted solar panels. Deck hands performing work traditionally done by Laborers. Unloading, rigging, setting, leveling, parging and bricking of manholes. The foregoing applies in the performance of all the aforementioned work and all other work coming under the jurisdiction of the L.I.U. of N.A.

ARTICLE V - PRE-JOB CONFERENCE 1. The Employer agrees to meet with the Union for a pre-job conference prior to the commencement of any work on the subject project and the same shall apply to any and all subcontractors. 2. In the event that an Employer violates this Article, the Union may serve a five (5) day notice of intention to strike on such Employer. If the Employer does not comply within five (5) days, the Union may strike such Employer without such action being a violation of the no-strike clause of this contract. 3. Where a subcontractor has not had a prejob conference, the five (5) day notice shall also be served on the prime contractor.

ARTICLE VI - UNION RIGHTS 1. All employees covered by this agreement, as a condition of continued employment, shall, commencing on the eighth (8th) day following the beginning of their employment, or the effective date of this agreement, whichever is the later, acquire and, for the duration of their employment, maintain membership in the union to the extent enforceable under law. 2. Failure of any employee covered by this Agreement to meet the requirements described in paragraph 1 above, will, upon the Union's written request, result in his discharge by the Employer. 3. The Employer agrees that in providing opportunity for employment it will give priority to persons who have had 4000 hours of work covered by this agreement within six (6) years of the date of this agreement, and in the various geographic areas described in Article III, Section 2 of this Agreement. It is understood that this clause is not applicable to Union employees who have previously been in the employment of an LRD contractor. 4. The Employer and the Union agree that the foregoing priority shall be exercised without regard to union

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membership or non-membership and the Employer agrees to give the Union an opportunity to provide such additional employees as he needs. 5. It is agreed that on each job the Union Business Manager shall appoint a working Shop Steward who will be named at the prejob conference. The Laborers' Steward will be employed at all times that any laborers work is performed or any Laborers are employed on the project except that on overtime and/or specialty work, the Steward can only assert seniority, provided he is qualified to do the work. He will be paid for all time lost due to not having been notified by the Employer or the Employer's agent to report for work. He will be allowed sufficient time to perform his duties and will not be discharged, laidoff, or transferred by reason of the performance of his duties as Steward without prior approval of the Business Manager. 6. The Laborers' Steward shall be notified prior to any hiring or layoff. 7. (a) At the Business Manager's request, the Laborers' Steward will be assigned to a service truck when and if a service truck is operating on the project. When the service truck is not operating on the project or in use on the project, the Steward will be assigned to other work. It is the intent of this section that the Steward be engaged as a productive working employee at all times consistent with Section 5 of this Article. (b) When the service truck is sent off the project, the Laborers' - Steward will not accompany such truck, unless ordered to do so by the Employer. (c) When there is more than one (l) service truck operating on a project, whether a laborer or laborers shall be assigned to such truck or trucks, shall be at the option and discretion of the Employer consistent with the jurisdiction of the Union. 8. Authorized representatives of the Union shall be allowed to visit jobs during working hours to interview the Employer and the Employees, but in no way shall such person or persons interfere with or hinder the progress of the work. Union Representatives who enter the job site will notify the field office or project superintendent before entering the project. Telephone calls are acceptable notification. 9. (a) Employees injured at work shall be paid for the time spent going to the doctor's office for treatment at the time of injury. If the doctor certifies in writing that the Employee is unable to return to work that day, the injured Employee shall be paid for the balance of that working day. (b) The injured employee shall be allowed two (2) hours time from work for additional visits to the doctor for injuries sustained while in the Employer's service without loss of pay. It shall be understood, however, that such visits during working hours shall be made only when no other arrangements can be made and an affidavit is received from the doctor stating the necessity for each visit. (c) The injured workman shall, if at all possible, be given preference to any light work, if the same is available, that may be performed on the job, provided, however, that he is still in the employ of the Employer where the injury occurred and the doctor certifies in writing that the employee can do the work to which he is to be assigned.

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ARTICLE VII - MANAGEMENT RIGHTS 1. The direction of employees, including the making and enforcing of rules to assure orderly and efficient operations, the determination of employee competency, and the scheduling of work are rights vested exclusively in the Employer. 2. The operation of the business, including the introduction of new or improved methods and facilities; the determination of the amount of supervision necessary and the size composition of the work force and crews are rights vested exclusively in the Employer. 3. The Employer retains the right at any time to request a specific job applicant whether or not he/she has previously worked for the Employer and regardless of his/her position on any hiring list or out of work list. If the Employer elects to use the facilities of the Union to recruit job applicants he shall advise the Union on the prior day, the number of employees needed, the specific job applicants requested, and/or the qualifications and skills of job applicants whether or not specifically requested. 4. The rights set forth herein are not exclusive, but merely indicate the type of matters or rights which belong to and are inherent to management. 5. The Employer agrees to recognize each individual local union’s Hiring Hall Procedures.

ARTICLE VIII -WORK CONDITIONS 1. The Employer shall furnish all necessary tools that the Employees are to use. 2. At the time of hire or such later date as may be appropriate, employees covered by this Agreement shall be furnished slipover rubber boots, rainsuits, and hats which shall remain the property of the Employer and be returned at the termination of use or employment. 3. The Employer shall supply special gloves for the performance of work necessitating their use. 4. The Employer shall provide warm suitable shelter of sufficient size where all laborers may eat their lunch and hang their clothing. The Employer shall also assume responsibility in case of loss of fire. No tools, building equipment, or combustible material shall be stored therein. Employees shall be required to execute a verified proof of loss in case of fire. 5. The Employer shall provide and the Laborers shall maintain clean and sanitary toilet and drinking facilities. 6. (a) The Union and the Employer expressly agree that a stable work force is required at all times in this seasonal industry and that the absence of individual employees has a serious impact on the Employer's project productivity and efficiency. (b) Absences from scheduled work are to be discouraged and accordingly such absences are just cause for discharge of an employee or employees and it shall be the decision of the Union whether to take recourse to the grievance procedure.

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ARTICLE IX - HOURS OF WORK 1. The work week shall consist of Monday through Friday. 2. Normal workday shall consist of eight (8) hours with one-half (1/2) hour for lunch. The starting time shall be set by the Contractor except that starting time shall not be changed from day to day. 3. Two shifts may be worked in twenty-four (24) hours and shall be of equal duration and at the same rate. However, in a two-shift operation, where the combined number of hours worked by the two shifts is sixteen (16) or less, each shift shall be paid eight (8) hours pay at straight time. Notwithstanding the foregoing provisions, when a shift is shut down by reason of completion of the shift work to be performed or conditions beyond the Employer's control, the affected shift shall be paid on the basis of the show-up time provisions contained herein in Article XI. This clause is equally applicable to the three (3) shift provisions hereinafter contained in Section 4 below. Thus, it is understood that there is no guarantee that on a given day, one shift might not vary due to weather, equipment breakdown, or changes in operation schedules. 4. Three shifts may be worked in twenty-four (24) hours and shall be at the rate and duration as set forth below. 1st Shift 8 hours' work 8 hours' pay 2nd Shift 7 -1/2 hours' work 8 hours' pay 3rd Shift 7 hours' work 8 hours' pay Every shift shall have one-half (1/2) hour for lunch. When three (3) shifts, are worked, the second and third shift shall be considered for payroll purposes as having worked in their entirety on the same day on which the first shift started. On multiple shift work, the work week shall start not earlier than 5:00 a.m. The Contractor shall set the starting time. 5. Prior to the start of shift work, the Employer shall give forty-eight (48) hours notice to the Business Manager. When the shift work to be performed shall be less than ten (10) working days in duration, prior agreement of the Business Manager shall be required. In the event of an emergency or directive of the letting agency, prior agreement for shift work of less than ten (10) working days' duration is not required, but notice will be given to the Business Manager prior to the starting of such shift work. 6. One and one-half (1-1/2) times the rates set forth in this Agreement shall be paid for work performed outside the scheduled workday and all work performed on Saturday. All work on Sunday will be paid at double time. 7. On private (non-posted rate) work and any posted rate work where the governing law and the contract documents permit, four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Friday. 8. All eligible employees shall be allowed time off to vote on Election Day in accordance with applicable law. 9. FLEXTIME. With the respect to any project that is 100% Federally funded, awarded by a Federal Agency, the payment of overtime after eight (8) hours will not apply. Overtime will only be required to be paid after (40) hours. 10. A single irregular work shift can start any time between 5:00 pm and 1:00 am. All employees who work a

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single irregular shift on governmental mandated night work shall be paid an additional $2.50 per hour. This provision shall be effective for work bid on or after July 1, 2019. It is understood and agreed that if the single irregular shift language is not included in the NYSDOL prevailing wage rate schedules, the premium is waived.

ARTICLE X - HOLIDAYS 1. Paid holidays to be observed are Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day, irrespective of the day of the week on which the holiday may fall. If the holiday falls on Saturday, it will be celebrated on Saturday. Employees who work a Saturday holiday shall be paid double time plus the holiday pay. When a holiday falls on a Saturday, the Employer has the option to either work Friday and pay Saturday as the holiday or, not work Friday and pay for the day in lieu of the Holiday. If the holiday falls on Sunday, it will be celebrated on Monday. In the event that men work on this Sunday holiday, they shall be paid double time. In the event that men work on Monday, they shall be compensated at double time plus the holiday pay. Accordingly, the Monday following the Sunday is treated as the holiday. 2. Any employee laid off within the week in which a holiday falls shall receive holiday pay, provided the holiday occurs after the date of hire. However, if a new employee is employed by an Employer for one (1) day only during this period, he shall not be entitled to holiday pay. 3. A man must work the scheduled working day before and the scheduled working day after a holiday to receive holiday pay. However, an employee not able to report because of proven sickness, death in immediate family, or accident shall be entitled to holiday pay.

4. If a man is ordered out and reports for work on a holiday, set forth in Section 1 above, and does not start, then he shall be paid a minimum of two (2) hours straight time in addition to the straight time given for said paid holiday. If he starts work on a paid holiday, he shall be paid a minimum of four (4) hours pay at double time plus the holiday pay.

ARTICLE XI - SHOW-UP TIME 1. Any laborer who reports for work at the regularly appointed starting time, unless he has been notified on the previous day that his services will not be required, shall be entitled to show-up time of two (2) hours at straight time. The Employees shall remain on the job for the one (1) hour period unless otherwise directed by the Employer. Employees directed to standby beyond the one (1) hour period shall be paid show-up time plus such additional stand-by time. 2. Employees reporting for work at starting time shall, if put to work, receive a minimum pay of one (1) hour or actual hours worked, whichever is greater.

ARTICLE XII- PAYDAY AND MODE OF PAYMENT

1. Employees performing work under this Agreement shall be paid once a week on the job. No more than six (6) days' pay shall be withheld. If the payday falls on a holiday, payment shall be made on the workday preceding such holiday. On failure to pay on the regularly scheduled payday, the Employer will pay a penalty of two (2) straight time hours for payday and for each succeeding day on which he fails to pay where such failure to pay is willful or due to conditions within the Employer's control.

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2. All-wages shall be payable in lawful currency, enclosed in an envelope which shows the employee's name and Employer's name, regular hours worked plus overtime hours worked, all lawful deductions, and the amount due or by a negotiable payroll check showing all of the above information drawn upon a commercial bank within the region, payable upon demand at par. 3. If any employee is discharged or laid off, all accrued wages shall be due and paid immediately, except that an employee may be paid by check mailed within twenty-four (24) hours. If not mailed within 24 hours, such employee shall be paid an additional $25.00 for each additional 24 hour period the check was not mailed. 4. Payroll checks returned for insufficient funds will incur a one hundred dollar fee payable to the employee. Employer shall reimburse bank fees up to twenty-five dollars.

ARTICLE XIII - LABORER FOREMAN 1. When more than three (3) employees covered by this Agreement are employed, a Laborer Foreman will be designated by the Employer. Designated Foremen shall assume the keeping of time for Employees covered by this Agreement. 2. Laborer Foreman (grade, pipe, etc.) shall be designated by and at the discretion of the Employer and shall be assigned to such duties and responsibilities as the Employer, the Dirt Superintendent, or other supervisory personnel may determine in its or his sole discretion. The Employer or his representative shall be the sole judge of whether such employees are qualified to perform the assigned work. 3. The wage rates for foremen covered by this Agreement are as follows:

(a) All Foremen - two dollars and fifty cents ($2.50) over basic rate.

(b) Any foremen covered by this Agreement may be employed on a weekly basis at a salary agreeable to the Employer and the foremen. 4. The Union agrees that no restrictions shall be placed upon the selection of Foremen by the Contractor or the use of Foremen freely among Locals throughout the territorial jurisdiction of this Agreement (100% mobility), and fifty percent (50%) mobility with respect to workmen, provided they are a member of a Union party to this Agreement. 5. (a) Foremen shall be named as may be required by the Employer and at the Employer's discretion. In the event that more than one foreman is employed on a project, the Union shall be afforded an opportunity to supply 50% of such men. (b) On gas distribution, electric and telephone work there shall be fifty percent (50%) mobility between the local unions with respect to foremen and workmen. The first foreman may come from the Employer.

ARTICLE XIV - SUBCONTRACTING 1. It is agreed that if the Employer subcontracts job site work falling within the terms of this contract, provision will be made in each subcontract for the compliance by said subcontractor with terms, wages, and fringe benefit contributions not less than those contained in this Agreement. 2. A subcontractor is defined as any person, firm, partnership, self-employed person or corporation

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who agrees, under contract, oral or written, with the general contractor or his subcontractor to perform on the job site any part or portion of the work covered by this Agreement. 3. With respect to subcontractors who are not members of the Labor Relations Division Central New York Region, A.G.C., or who have not signed the contract as an individual Employer, and employ LIUNA members through other bargaining Agreements or Arrangements the following rules shall apply:

(a) Such subcontractors shall be required to remit fringe benefit payments on a weekly basis. (b) On the

first failure of such subcontractor to remit fringe benefits or first instance on which the subcontractor is delinquent, the Union shall notify the Prime Contractor of said failure to remit or delinquency. (c) After having been notified of a failure to remit or of a delinquency, the Prime Contractor shall be responsible for each such fringe benefit payment pursuant to Section 3 (d) below. (d) After notification by the Union, the Employer is responsible for checking with the Funds to determine whether the regular payments are being made. However, once any non-payment has been rectified and the subcontractor resumes payments as required under 3 (a), the Prime Contractor is relieved of any responsibility to check with the Funds until notification is again- received in writing by the Union of further alleged delinquency. (e) The Prime Contractor's responsibility is limited to fringe benefits applicable to its project on which the defaulting subcontractor is employed. (f) The Prime Contractor does not assume the above responsibility with respect to subcontractors who are members of the L.R.D. Central New York Region, AGC, or who are individual signatories to the labor contract. 4. Off-site gravel or material pits, the material from which is exclusively used for a particular project covered by this Agreement, shall be operated under the terms of this Agreement when the pit is owned, leased, operated by or under the control of the Prime Contractor or another corporation or company of which the majority ownership is held by the Prime Contractor or its majority owner or owners. 5. It is recognized that there are specific subcontract requirements for D/M/WBE participation in most public works contracts and that certain exceptions to the subcontracting clause may be required for the employer to comply with these requirements. Every effort will be made by the Employer to arrange a pre-job meeting with these subcontractors and the Union. It is understood that in no way shall the enforcement of this clause allow other trades to perform the work of this Union. 6. An Employer may subcontract to non-signatory specialty subcontractors and use his best efforts to arrange a prejob conference. 7. In the event that a Prime Contractor Employer subcontracts to a non-signatory subcontractor, the Prime Contractor will not be responsible for payment of fringe benefits to Union Funds nor will the Prime Contractor be responsible for any future Pension Fund Liability due to work performed by non-signatory Subcontractors. The Prime Contractor will be responsible to assure that any applicable Posted Wage and Benefit Rates to be paid by the Subcontractor through certified payroll be paid by Subcontractors.

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ARTICLE XV - SAFETY 1. No employee shall be required or assigned to engage in any activity involving dangerous conditions of work or danger to person or property in violation of an applicable statute, court order, or governmental regulation relating to safety of person or equipment. 2. In the event that the Employer violates Section 1 above, a withdrawal by the Union of the services of the man or men engaged in the particular operation shall not be in a violation of this contract by the Union. 3. The Employer and the Union do hereby agree to work together to promote safety on the job for the benefit of all employees. Safety rules and regulations will be made known to all employees and the use of safety equipment will be continually promoted by both parties. 4. (a) The Union and the Employer agree that willful neglect and failure by an employee to obey company safety rules and regulations; or to obey safety rules, standards and regulations - as prescribed pursuant to the Occupational Safety and Health Act or other governmental regulation or legislation; or to use properly such safety devices or equipment as are provided by the Company shall be just cause for discharge. (b) The Union agrees to cooperate with the company in encouraging employees to observe the safety regulations prescribed by the company and to wear properly and utilize safety equipment as required by the company and to work in a safe manner. (c) The Union further agrees that Union representatives visiting job sites shall obey all company safety rules and regulations and shall obey all safety rules, standards, and regulations prescribed pursuant to the Occupational Safety and Health Act or other governmental regulation or legislation, and shall wear and use properly all safety devices or equipment employees on the job site are required to wear and use. 5. All employees referred by the Union shall have at least training in the OSHA 10 Hour Safety Courses. Employees shall have verification that they have completed all safety related training as required by the owner or governmental agencies. The Employer has the right to refuse employment without penalty if not trained.

ARTICLE XVI - JOINT POLICY ON SUBSTANCE ABUSE 1. The Employer and Union are committed to provide a safe work environment for its employees and the public and also maintain a reliable, productive, quality work force, and thus affirm that construction job sites subject to this Agreement must be alcohol and drug free. 2. Employees whose job performance is impaired by the use of alcohol or drugs create an unacceptable safety risk to themselves, coworkers, and public. 3. Employees who violate the joint policy on substance abuse shall be subject to discipline up to and including immediate discharge without recourse to the grievance procedure.

ARTICLE XVII - PENSION, WELFARE, S.U.B., ANNUITY & TRAINING FUNDS 1. (a) The Employer hereby agrees to contribute the amounts hereinafter provided for in Article XXVIII of this Agreement to designated Laborers Pension, Welfare, S.U.B., Annuity, and Training Funds (hereinafter singularly and collectively referred to as "Fund") for each actual hour worked by employees covered by this Agreement. It is the purpose of this Article to provide that where a Local Union party to this Agreement has established a Fund jointly trusteed by Labor and Management, then said contributions shall be paid to said

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Local Fund in the amounts hereinafter set forth in this Agreement. An annual financial report will be submitted to the AGC from each local union benefit fund to which AGC employers contribute. All Employers contributing to these funds shall be held to the complete terms and conditions of this article and all pertaining declarations of trust. (b) The Employers party to this Agreement accept the Trustees now serving on such Fund and hereby waive the right to name new, other successor, or additional trustees, except that the parties agree that one (1) Union Trustee and one (1) LRD/AGC Trustee shall be appointed to the (Upstate) Laborers Regional Training Fund. 2. The Employer agrees to contribute the amount per hour hereinafter set forth in Article XXVIII for each actual hour worked, except where an employee is paid pursuant to the 1 + actual hours worked clause herein provided for at Article XI of this Agreement, in which case contributions shall be paid on the same basis as the 1 +actual hours worked clause. 3. Each Local Union party to this Agreement shall be considered as an Employer under this Agreement for the purpose of paying the contributions mentioned in this Article on its Employees. 4. (a) In the event that the Employer does not make contributions to the Fund as provided for herein, the Employer agrees that he will be charged with all necessary litigation and accounting expenses incurred by the Trustees of the Fund in collecting the monies due hereunder and that a money judgment may be rendered against such Employer for such litigation and accounting expenses in addition to a judgment for unpaid contributions. (b) Litigation and accounting expenses shall be determined so as not to be in excess of the minimum fee schedules for the legal and accounting professions in the area in which such work is performed. 5. (a) Each Employer shall furnish the Trustees of the respective Funds with periodic reports as required by the Fund showing the names, social security numbers, hours worked, and location of job of each employee performing work covered by this Agreement.

(b) Subcontractors covered by Article XIV, Section 3 shall remit contributions on a weekly basis. (c) In the

event that no workers are employed during the report period, a negative report and/or a final report shall be filed. (d) Monthly reports are due the 15th day of the month following the month on which contributions are being made. (e) Upon request by that Employer and with the permission of the individual Board of Trustees, the Union will furnish to the AGC/LRD a copy of the most recent actuarial valuation for each of a Local Unions covered under this agreement. 6. The books and records of each Employer pertinent to the employment of Employees covered by this Agreement shall be made available at all reasonable times for inspection and audit by a licensed CPA employed by the Fund, including, without limitation, payroll sheets, W2 Forms, New York State employment reports, Social Security reports, ledgers, vouchers, and any other pertinent items concerning payrolls. Inspection shall be restricted to a verification of payments made and/or due to the Fund. Cost of such inspection shall be borne by the Fund, except in cases where an Employer is delinquent in making contributions, in which case the delinquent Employer shall bear the cost of inspection and audit. Delinquency is defined as continual late payments and not honest errors.

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7. "Merged Fund" The parties agree that where, as a result of Union mergers, there are two or more, benefit funds sponsored by one Union local, it shall be the decision and responsibility of the respective Boards of Trustees of such funds to determine and provide for the proper accounting and crediting of Employer contributions to their respective funds. The parties agree that in the event a merger of locals covered by this agreement occurs within the term of this agreement the contract will be re-opened in order to address terms and conditions of benefit payments affected by such merger. The schedule of wages and fringe benefits are set forth in the collective bargaining agreement of the local area's jurisdiction in which the job covered by this Agreement is located. The Employer signatory hereto agrees to contribute the amounts hereinafter provided for in Article 6 of this Agreement to designated Laborers Pension Funds, for each actual hour worked by employees covered by this Agreement. It is the purpose of this Article to provide that were a Local Union party to this Agreement has established a Fund jointly trusteed by Labor and Management, then said contribution shall be paid to said Local Fund in the amounts hereinafter set forth in this Agreement. 8. "Fund Rehabilitation Language" "The parties acknowledge the varying financial condition of pension funds provided for in this agreement and the requirement for the Boards of Trustees of those funds to adopt rehabilitation or improvement plans in accordance with the Pension Protection Act. Therefore the parties agree to adopt, and incorporate by reference such plans as may be proposed by the Boards of Trustees at such time as the law requires provided however that such rehabilitation or improvement plans may not require an increase in the gross rate of pay and benefit agreed to herein. The parties further agree that where the adoption of such plans requires the re-opening of this contract in order to re-allocate contributions in accord with such plans they will cooperate fully so as to assure the timely approval of the plans."

ARTICLE XVIII - LABOR-MANAGEMENT COOPERATION The Employer and the Union recognize that they must confront issues of mutual concern which are more susceptible to effective resolution through labor management cooperation than through the collective bargaining process. To seek resolution of these mutual concerns, to address issues regarding health and safety, and to advance mutual interests through labor management cooperative efforts, it is agreed that the Employer shall contribute to the New York State Laborers-Employers Cooperation and Education Trust and to the New York Laborers' Health and Safety Fund for the term of this Agreement, including any extensions or renewals thereof. The Employer shall contribute to the New York State Laborers Employers Cooperation and Education Trust as provided for in Article XXVIII for each actual hour worked. The Employer shall also contribute to the New York Laborers' Health and Safety Fund as provided for in Article XXVIII for each actual hour worked. The Employer shall submit all contributions and all contribution reports to the designated Laborers' Local Fund Office. The Fund Office shall promptly forward the contributions and contribution reports to the Laborers Regional Office, Trust Division, for the accounts of the Trust and Fund. The Employer and the Union hereby adopt and agree to be bound by the Agreement and Declaration of Trust establishing the New York State Laborers Employers Cooperation and Education Trust, as amended, as well as the Agreement and Declaration of Trust establishing the New York Laborers' Health and Safety Fund, as amended.

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ARTICLE XIX - JURISDICTIONAL DISPUTES 1. The parties hereto mutually agree that in the event of a jurisdictional dispute with any other Union or Unions, the dispute shall be submitted to the International Unions for settlement. 2. Neither party shall order or permit any lockout, strike, or other work stoppage or slowdown. Further, the Union will not aid, support or permit unauthorized strikes, slowdowns or work stoppages by its members with respect to a jurisdictional dispute. 3. If the International Unions are unable to resolve said dispute within five (5) days (Saturday, Sunday and Holidays excluded) then; 4. The parties to this Agreement shall have exhausted their internal remedies and may then seek resolution through the NLRB and/or the Courts. No legal action may be initiated before such internal remedies are exhausted. 5. Notwithstanding any other provision of this Agreement, only a court has the power to determine whether or not a particular dispute arising under this Agreement is jurisdictional and excluded from the grievance/arbitration provisions.

ARTICLE XX-WATCHMEN AND GUARDS 1. Guards are to be excluded from the bargaining unit. Guards may be used for the security of the contractors' equipment and material only and they will not at any time be required to punch time clocks or perform work of employees covered by this Agreement. 2. Watchmen are employees on projects requiring A coverage under Item 619 (Maintenance and Protection of Traffic) and such employees are covered by only the following provisions of this Agreement: Article VI, Sections 1,2,3,9 (a), (b), and (c); Article VIII Article XIV, Sections 2 and 3; Article XV; Article XVI Article XVII Article XVIII Article XXIII Article XXIV and Article XXVII. 3. When watchmen service is subcontracted, the provisions of this Article shall apply equally to such subcontractors. 4. The 1+actual hours worked clause of this contract (Article XI) does not apply to watchmen. The hourly rate shall be paid at straight time for actual hours worked without regard to the day of the week or whether a holiday is involved. Time and one-half'(l 1/2) shall be paid for hours worked in excess of forty (40). Overtime for watchmen shall be computed only on hours worked as a watchman without regard to hours that such man shall have worked on the project as a laborer. 5. The duties of a watchman shall include maintenance of barricades, lights and signs, and similar nonproductive maintenance and safety functions, acting as fire watch, but shall not tend fuel fires. 6. Watchmen Rates: The watchman's rate shall be 75% of the basic (a) rate, plus fringes. Such basic rates shall be rounded to the nearest one-half (1/2) cent.

ARTICLE XXI - STATUS QUO ON CERTAIN EQUIPMENT 1. The parties hereto recognize that the operation of certain equipment and work assignments may raise questions regarding jurisdiction of work in areas of one or more of the local unions party to this

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Agreement. The equipment involved is: (a) Hydraulic Seeder (b) Concrete Curb Machine (c) Asphalt Curb Machine (d) Snorkel (e) Stump Remover (f) Blower for Burning Bush (g) Hydraulic Motorized Pin Puller (h) Self-Propelled Concrete Saw (I) Application of Temporary and Permanent Road Markings (J) Scaffolding (k) Welding (1) Use of a Laser Level (m) Coating of Penstocks (n) On work historically done with the airtrack drill technological, advances to this type of equipment shall not change the manning of this equipment. 2. Pending final determination of the jurisdiction of the above equipment, such equipment and the operation thereof shall remain "status quo."

ARTICLE XXII ARBITRATION 1. During the term of this Agreement, neither party shall order or permit any lockout, strike, or other work stoppage or slowdown. Further, the Union will not aid, support or permit unauthorized strikes, slowdowns, or work stoppages by its members. 2. Grievance Procedure: All grievances or disputes involving any controversy, dispute, or misunderstanding arising as to the meaning, application, or observance of any provisions of this Agreement shall be handled in the manner hereinafter set forth. It is agreed that all matters pertaining to the interpretation of this Agreement must be referred directly to the Joint Committee, provided that if a grievance has not been filed, the matter shall not be a subject of arbitration until a grievance is filed. Step 1. All grievances must be made known in writing to the other party within seven (7) calendar days after the reason for such grievance has occurred. The aggrieved employee's or employees' shop steward or another authorized representative of the Union shall first submit a written grievance to the Job Superintendent, or his duly authorized representative. The Shop Steward or another authorized representative of the Union of the Employee or the Employees involved shall be present at any meeting between the Job Superintendent and such employee or employees. The Job Superintendent or-his duly authorized representative must make a written disposition of the matter within twenty-four (24) hours after the submission of such written grievance thereto. Step 2. If the disposition of the matter by the Job Superintendent or his duly authorized representative is not satisfactory, the matter must be taken up by the Business Agent, and representative of the Employer with authority to act within forty-eight (48) hours of the written disposition set forth in Step 1. Step 3. If the disposition of the matter in Step 2 is not satisfactory, either party has a right to file its grievances with the Joint Committee referred to in Section 2 of this Article within seventy- two (72) hours after Step 2. 3. The Unions and Association who are signatories to this shall together establish for the duration of this

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Agreement, a Joint Committee. The Joint Committee shall consist of three (3) representatives of the employers and three (3) representatives of the Union. All meetings of the Joint Committee must be attended by each member or his alternate, but the absence of any member or alternate shall not invalidate the action of the members of the Joint Committee who are present. It shall be the function of the Joint Committee to settle disputes and grievances which cannot be settled in accordance with Steps 1 and 2 of the grievance procedure. The Joint Committee shall formulate rules of procedure to govern the conduct of its proceedings including the time, date, and place of meetings. A decision by a majority of the Joint Committee shall be final and binding on the parties and employees involved. Failure of either party involved to comply with any final decision of or to submit to the jurisdiction of the Joint Committee shall give the other party the immediate right to all legal and economic recourse.

4. Rights of the Joint Committee: The Joint Committee shall have the right to investigate all facts pertaining to the dispute. The Joint Committee shall, upon each dispute or grievance processed in accordance with this Article after completion of or as a part of Step 2, have the right to examine time sheets and any other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute. Both parties shall be entitled to present such evidence and witnesses in support of their position as they see fit. 5. Arbitration: If a grievance cannot be satisfactorily settled by a majority decision of the Joint Committee, the grievant shall request a list of seven (7) arbitrators from (1) the panel arbitrators of the New York Board of Mediation; (2) the Federal Mediation and Conciliation Service, or (3) the labor panel of the American Arbitration Association for final and binding decision. Such request shall be no later than fifteen (15) calendar days from the date of the oral announcement of the Joint Committee's decision, by the grievant or his duly assigned representative. Further, any arbitration agency named shall be used only for every third arbitration that may arise between the parties to the end that arbitrators be selected on a rotating basis in the order in which the agencies are hereinabove listed. The arbitrator shall be selected by alternately eliminating names from the seven (7) person list until one remains; the grievant or his representative shall strike the first name. Upon failure to comply with the provisions of this entire section on the part of the grievant, the grievance shall be deemed to have been closed without decision. The arbitrator shall not have jurisdiction or authority to add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement thereto. If the arbitrator should determine that the grievance is not covered by this Agreement, he shall return the grievance to the parties without decision and the grievance shall be closed. In such case, the costs, if any, shall be borne by the grievant. 6. Violations concerning wages, hours, and all fringe benefit payments shall not be subject to the grievance procedure. In such cases, the Union shall give three (3) working days notice to the Employer that the Union will withdraw its men from the Employer's service. If the Employer contends there is a question of fact regarding the alleged violation, he may file a grievance within the aforesaid three (3) working days with a copy to the Local Union and a copy to the Co- Secretaries of the Committee. When a grievance has been filed, there shall be no work stoppage pending resolution of the grievance pursuant to Article XXII (2)(3) and subsequent provisions of this Article, Work jurisdiction, that is, disputes with respect to whether one group of employees or another group of employees shall perform certain work on the project is expressly not arbitrable under this contract. 7. Any discharged employee may file a grievance no later than four (4) days after discharge by a written notice submitted to the Project Manager or Superintendent and the Local Union and such grievance shall be immediately processed in accordance with the steps of the grievance procedure.

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8. The administrative costs of the Joint Committee shall be borne equally by the Employers and the Union. 9. The costs of arbitration, which shall include the fees and expenses of the arbitrator shall be borne by the Company in case its principal contention is rejected by the arbitrator, and by the Union in case its principal contention is rejected by the arbitrator, except, however, that each party shall pay the fees of its own representatives and witnesses. Any dispute as to whose principal contention is rejected shall be determined by the arbitrator. In the case that both parties' principal contention is upheld in part, the arbitrator shall designate what part of the costs are to be borne by which party according to the relative merits of each party's position. 10. The Union and Association expressly agree that the Contractors, present and future who comprise the multiemployer bargaining group, do not subscribe to, are not a part of, nor are they to any extent bound by the Impartial Board for the Settlement of Jurisdictional Disputes or the rules, regulations, or procedures of the Impartial Board for the Settlement of Jurisdictional Disputes.

ARTICLE XXIII - DEDUCTIONS 1. The Employer shall deduct from the basic wage rate of employees covered by this Agreement, the amounts hereinafter set forth in Article XXVIII for each actual hour worked by such employees. 2. No deductions shall be made for any such employee unless the employee has deposited with the Employer his copy of an executed authorization form, which shall in no event be irrevocable for a period of more than one (l) year or the termination date of this Agreement whichever shall be the less. 3. Executed copies of the authorization cards will be kept on file by the Union and the Employer. 4. The Employer assumes no obligation with respect to the obtaining of authorization cards, it being understood that this is a duty and obligation of the Union. 5. With respect to any such Employee for whom authorization cards have not been furnished, the gross basic wage rate appearing hereafter at Article XXVIII shall be paid to the Employee on a straight and/or time and one half basis as shall be applicable under this contract. 6. Deductions shall be made in the first full payroll period following the furnishing of authorization cards. 7. The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company in reliance upon authorization cards furnished by the Employees and/or Union. 8. The Employer agrees to deduct and transmit to the New York State Laborers' Political Action Committee ten cents ($.10) or to any other Local Union PAC account identified by the Local union. for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. These transmittals shall occur monthly, and shall be accompanied by a list of the names of those employees for whom such deductions have been made, and the amount deducted for each such employee. The Union agrees to indemnify and hold harmless the Employer from any and all claims, actions and/or proceedings arising out of said New York State Laborers Political Action Committee.

ARTICLE XXIV - EQUAL EMPLOYMENT OPPORTUNITY The Employer and the Union mutually agree that they will comply and cooperate with all laws, codes, rules,

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regulations, executive orders, and administrative decisions, whether state or federal, dealing with nondiscrimination in training, membership, employment, job tenure, promotions, and every other matter covered by such laws, codes, etc. not herein expressly mentioned. The use of masculine or feminine gender in this agreement shall be construed as including both genders.

ARTICLE XXV - MOST FAVORED EMPLOYER 1. If the Union enters into any agreement with any individual Employer or group of Employers performing work covered by the terms of this Agreement and that Agreement provides for more favorable wages, hours, or conditions to any other Employer, the Employers signatory hereto, after sending written notice of such intention, shall be afforded the privilege to adopt such advantageous terms and conditions. 2. This clause shall not apply to isolated or emergency situations which may occur from time to time under regular conditions.

ARTICLE XXVI - APPRENTICESHIP 1. A registered apprenticeship training program is to be established for each Local, that fully complies with all governmental requirements, indenturing apprentices to individual Local Union programs. 2. There will be a Joint Apprenticeship Training Committee (JATC) for each Local's program consisting of representatives from the union and the employers who will administer the rules and regulations for the apprenticeship program for each Local. 3. New applicants for membership who cannot provide reasonable proof of 4,000 or more hours of employment as a Construction Craft Laborer (or, alternatively, cannot demonstrate equivalent skills in a placement examination administered by the JATC shall, whenever possible, enter the Apprenticeship program. The failure of any Apprentice to maintain his or her Apprenticeship status may obligate the Employer to discharge such person upon notice from the Union. 4. The Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training or State Apprenticeship Committee are hereby incorporated by reference as a part of this Agreement. 5. The ratio of apprentices to journey workers on any project site is 1:3. If there are only 2 (two) Laborers employed on the job the Employer may use a 1:1 apprentice to journeyman ratio. Otherwise the ratio is 1:3 apprentice to journeyman. There shall be full mobility of apprentices within the jurisdiction of this Agreement. The Employer shall notify the Local Business Manager when bringing an apprentice from another Local. Apprentices shall be covered by the terms and conditions of this Agreement and shall be paid according to the following schedule of wages and fringe benefits: Hours of Credit Wage Rate 0-999 60 % of basic rate (B) 1,000 - 1,999 70 % of basic rate (B) 2,000 - 2,999 80 % of basic rate (B) 3,000 - 3,999 90% of basic rate (B) 4,000 and over Journey Worker The corresponding percentage of fringe benefits to be paid will be determined by each Local JATC. 6. All wage increases are subject to an apprentice completing the preceding 1,000 hour increments.

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7. Apprentice applicants are required to have a substance abuse test and physical prior to acceptance into the program or union, unless precluded by State or Federal law. 8. Apprentice failed drug test will result in termination from Apprentice program.

ARTICLE XXVII - SAVINGS CLAUSE

In the event that any State or Federal Statute or Law shall supersede or invalidate any clauses in this Agreement, such Statute or Law shall prevail over any such clause; however, the other provisions of this Agreement shall be valid and remain in full force and effect. In the event that any section or portion thereof shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) days to redraft a new section or portion thereof, which shall be valid and which shall replace that section or portion thereof declared invalid.

ARTICLE XXVIII - WAGES 1. A Laborer shall be paid for the entire day at the rate applicable to the highest classification in which he has worked that day, if he works four (4) or more hours in the higher classification. 2. Whenever the letters (a), (b), (c), and (d) appear hereinafter, the use of the letter shall be considered as describing the following work classifications: (a) Drill Helper, Flagmen, Outboard and Hand Boats. On work historically done with the airtrack drill, technological advances to this type of equipment shall not change the manning of this equipment. (b) Basic Rate: Bull Float, Chain Saw, Concrete Aggregate Bin, Concrete Bootman, Gin Buggy, Hand or Machine Vibrator, Jack Hammer, Mason Tender, Mortar Mixer, Pavement Breaker, Handlers of all Steel Mesh, Small Generators for Laborers' tools, installation of bridge drainage pipe, pipe layers, vibrator type rollers, tamper, drill doctor, water pump operator (1 1/2" and single diaphragm) nozzle (asphalt, gunite, seeding, and sand blasting), Laborers on chain link fence erection, rock splitter and power unit, pusher type concrete saw and all other gas, electric, oil, and air tool operators, wrecking laborer. (c) All rock or drilling machine operators (except quarry master and similar type), acetylene torch operators, and asphalt raker, powderman, tail or screw operator on asphalt paver. On work historically done with the airtrack drill, technological advances to this type of equipment shall not change the manning of this equipment. (d) Blasters, form setters, stone or granite curb setters. 3. Wage rates, Welfare, Pension, S.U.B., Annuity, Training, L.E.C.E.T., and N.Y. Health and Safety contributions and deduction amounts are set forth below. For Local 633 Jurisdiction (except Cayuga) For Local 633 7/1/2019 - Gross Increase effective July 1, 2019 is $1.60/hour; 7/1/2020 - Gross Increase effective July 1, 2020 is $1.60/hour; 7/1/2021 - Gross Increase effective July 1, 2021 is $1.60/hour

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For Local 785 7/1/2019 - Elmira Jurisdiction Gross Increase effective July 1, 2019 is $1.72/hour; 7/1/2020 - Gross Increase effective July 1, 2020 is $1.60/hour; 7/1/2021 - Gross Increase effective July 1, 2021 is $1.60/hour For Local 1822 7/1/2019 St. Lawrence, Franklin, Lewis & Jefferson Counties Gross Increase effective July 1, 2019 is $1.61/hour; For Clinton, Essex and Warren Counties the Gross Increase effective July 1, 2019 is $1.60/hour; 7/1/20 Gross Increase effective July 1, 2020 is $1.60/hour; 7/1/21 Gross Increase effective July 1, 2021 is $1.60/hour. Hazardous Waste When an employee covered by this Agreement performs hazardous waste removal; lead abatement and removal; asbestos abatement and removal work on a State and/or Federally designated waste site, and where relevant State and/or Federal regulations require employees to be furnished, with required forms of personal protection, then in such case an employee shall receive the basic hourly rate plus $2.50 per hour, if said premium is included in the prevailing wage rate schedules.

$2.50 + premium Asbestos Abatement $2.50 + premium Lead Abatement $2.50 + Night Work Mandated by DOT $2.00 + basic rate 4. All foreman will receive $2.50 + basic rate.

(c) Any foremen covered by this Agreement may be employed on a weekly basis at a salary agreeable to the Employer and the foremen. 5. DRILLS. Individual wagon drills, track mounted drills, jack-leg drills and multiple type drills shall require a drill helper except that the Union and the Employer recognize that in certain cases one helper may be able to service more than one drill. In such cases, the manning shall be pursuant to a project agreement between the Union and the Employer. 6. HAZARDOUS WASTE. When an employee covered by this Agreement performs hazardous waste removal; lead abatement and removal; asbestos abatement and removal work on a State and/or Federally designated waste site, and where relevant State and/or Federal regulations require employees to be furnished, and those employees use or wear required forms of personal protection, then in such case an employee shall receive the basic hourly rate plus $2.50 per hour. 7. DAVIS-BACON PROJECTS. The application of Davis-Bacon wage rates posted on a 100% Federally funded project shall be negotiated between the local business manager and prospective bidders, on a project by project basis. 8. In the event that work not traditionally assigned to laborers is, by mutual consent of the parties, performed by laborers, a rate appropriate to the classification will be paid to the affected worker for the actual hours such work was performed.

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ARTICLE XXIX- DURATION AND TERMINATION It is agreed by both parties that all the conditions of this Agreement shall remain in full force and effect from April 1, 2019 – March 31, 2022, and during each calendar year thereafter, unless on or before the 30th day of January, 2022, or any year thereafter, written notice of change to this Agreement be served by either party upon the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly subscribed by their duly authorized representatives the day and year first above written. FOR THE AGC/LRD FOR CENTRAL NEW YORK REGION

____________________________ Carley Hill, AGC NYS LRD Representative FOR THE UNION ____________________________ Sam Capitano

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INDIVIDUAL EMPLOYER In consideration of the time, efforts, and sums expended by the Union, the Labor Relations Division and the Employer in the negotiation of the foregoing contract, in consideration of the similar time, effort and sums expended and to be expended in its administration, and further consideration of the mutual promises and obligations of the Union, the Labor Relations Division and its member contractors, and Employers, the undersigned individual Employer agrees: 1. That he (it) has read the foregoing collective bargaining Agreement, dated April 4, 2016, and agrees, as an individual Employer to be bound by each and all of the terms, conditions and provisions thereof and also agrees to be bound by the interpretations and enforcement of the Agreement. He (It) further agrees to furnish both the Labor Relations Division and the Union with signed copies of this Agreement. 2. That he (it) waives the right to name or participate in the selection of any management trustee to any and all jointly trusteed funds provided for in said Agreement, further agrees to accept the trustees now named to these funds as his designated trustees, and agrees to be bound by the provisions of the trust indentures creating the respective funds. Name of Firm:

By: _

An Authorized Officer, Title

Firm Street Address

City and State

Telephone Number

Local Union:

By:_ Authorized Representative Date:

UNION COPY

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INDIVIDUAL EMPLOYER In consideration of the time, efforts, and sums expended by the Union, the Labor Relations Division and the Employer in the negotiation of the foregoing contract, in consideration of the similar time, effort and sums expended and to be expended in its administration, and further consideration of the mutual promises and obligations of the Union, the Labor Relations Division and its member contractors, and Employers, the undersigned individual Employer agrees: 1. That he (it) has read the foregoing collective bargaining Agreement, dated April 4, 2016, and agrees, as an individual Employer to be bound by each and all of the terms, conditions and provisions thereof and also agrees to be bound by the interpretations and enforcement of the Agreement. He (It) further agrees to furnish both the Labor Relations Division and the Union with signed copies of this Agreement. 2. That he (it) waives the right to name or participate in the selection of any management trustee to any and all jointly trusteed funds provided for in said Agreement, further agrees to accept the trustees now named to these funds as his designated trustees, and agrees to be bound by the provisions of the trust indentures creating the respective funds.

Name of Firm:

By: _

An Authorized Officer, Title

Firm Street Address

City and State

Telephone Number

Local Union:

By:_ Authorized Representative Date: NOTE: This page to be filled out in duplicate and one copy forwarded to: Labor Relations Division AGC OF NYS, LLC 10 Airline Drive, Suite 203 Albany, New York 12205-1025 LRD/AGC COPY (LABORERS) (CENTRAL NEW YORK)

MILLWRIGHTS

MILLWRIGHT AGREEMENT

Between

THE EASTERN MILLWRIGHT REGIONAL COUNCIL

Representing

MILLWRIGHTS LOCAL UNION 1163

And the

MILLWRIGHT CONTRACTORS ASSOCIATION, INC.

June 1, 2018 through May 31, 2021

The Eastern Millwright Regional Council 1661 Worcester Road, Suite 302 Framingham, MA 01701 Phone: (617)254-1655 Fax: (617)783-5554 Web Site: www.easternmillwrights.com

Millwrights Local Union 1163 6489 Ridings Road Syracuse, New York 13206 Phone: (315)671-0672 Fax: (315)671-0675

Millwright Contractors Association, Inc. 2660 William Street Cheektowaga NY. 14227 Phone: (716)875-4744 Fax: (716)875-4412

Northeast Millwrights Association 100 Grossman Drive, Suite 300 Braintree, MA 02184 Phone: (781) 849-3220 Fax: (781) 849-3223

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ARTICLE # INDEX PAGE # ARTICLE 21 APPRENTICES 14 APPENDIX A ASSOCIATION MEMBERS 34 ARTICLE 3 ASSOCIATION RECOGNITION AND SECURITY 6 ARTICLE 5 BONDING 7 ARTICLE 26 CALL IN PAY/DISCHARGE 17 ARTICLE 18 COUNCIL REPRESENTATIVES 12 ARTICLE 12 DISPATCH OF MEMBERS 9 ARTICLE 16 DUES CHECK-OFF 12 ARTICLE 39 DURATION 32 ARTICLE 20 FOREMAN/GENERAL FOREMAN 14 ARTICLE 15 FRINGE BENEFITS 10 APPENDIX C FUND INFORMATION 37 ARTICLE 1 GEOGRAPHICAL JURISDICTION 5 ARTICLE 4 GREIVANCE AND ARBITRATION PROCEDURES 6

HEAVY & HIGHWAY 24 ARTICLE 17 HOLIDAYS 12 ARTICLE 28 HOURLY WAGE AND FRINGE SCHEDULE 19 ARTICLE 23 HOURS OF WORK AND OVERTIME 16

INDEX 3 ARTICLE 6 INSURANCES 7 ARTICLE 22 ~OBSITE FACILITIES AND CONDITIONS 15 ARTICLE 35 JURISDICTIONAL DISPUTES 31 ARTICLE 9 MAINTENANCE OF STANDARDS 8 ARTICLE 24 MAKE-UP DAY 16 APPENDIX B MILLWRIGHT TOOL LIST 35 ARTICLE 32 MOBILITY OF MANPOWER 30 ARTICLE 37 MOST FAVORED NATIONS 32 ARTICLE 38 MOST FAVORED NATIONS WAIVER PROCEDURE 32 ARTICLE 11 MUTUAL ASSISTANCE 8 ARTICLE 7 NON-DISCRIMINATION 8

PREMABLE 4 ARTICLE 29 SAFETY AND SAFETY TRAINING 26 ARTICLE 25 SHIFT WORK 16

SIGNATURE PAGE 33 ARTICLE 19 STEWARDS 13 ARTICLE 36 STRIKES AND LOCKOUTS 32 ARTICLE 8 SUBCONTRACTING 8 ARTICLE 13 ITOOLS 9 ARTICLE 30 ITRADE AUTONOMY 27 ARTICLE 33 ITRAVEL REIMBURSEMENT 30 ARTICLE 31 UNION MEMBERS CONTRACTING WORK 30 ARTICLE 2 UNION SECURITY 5 ARTICLE 10 VALIDITY 8

WAGE INCREASES 25 ARTICLE 14 WAGE PAYMENTS 10 ARTICLE 27 WAGES 18 ARTICLE 34 WORK IN OTHER AREAS 31

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MILLWRIGHT AGREEMENT

Between

Millwright Local 1163 and

THE EASTERN MILLWRIGHT REGIONAL COUNCIL

And the

MILLWRIGHT CONTRACTORS ASSOCIA nON, INC.

PREAMBLE

The Millwright Contractors Association, Inc. ("Association") on behalf of its members who have authorized the Association to bargain on their behalf and employers who during the term of this Agreement authorize the Association to be their bargaining representative ("Employer") is desirous of employing Millwrights of the United Brotherhood of Carpenters and Joiners of America in the Construction Industry and appurtenances thereto within the Territorial Jurisdiction of this Agreement. A current list of the members who have so authorized the Association is attached as Appendix A. The Association shall provide the Union with additions to the list during the tenn of this Agreement.

This Agreement is entered into by the Eastern Millwright Regional Council and its affiliate Millwright Local No.1l63 and the Associations to prevent strikes and lockouts; to facilitate the peaceful adjustment of grievances and disputes between the Employer and the Union and its members; to prevent waste; unnecessary and avoidable delays and the results through them to the Employer of cost and expense, and to the employees covered thereby of loss of wages; to enable the Employer to secure at all times sufficient forces of skilled workers; to provide as far as possible for the continuous employment hereunder of labor; to provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon, and by reason of this Agreement, and the purpose and intent hereof, to bring about stable conditions in the Industry, keep costs of work in the IndustlY as low as possible, consistent with fair wages and proper working conditions as provided for hereunder.

The Northeast Millwright Association is party to this agreement, on behalf of its members, who have authorized the Association to bargain on their behalf and employers who during the term of this Agreement authorize the Association to be their bargaining representative ("Employer") is desirous of employing Millwrights of the United Brotherhood of Carpenters and Joiners of America in the Construction Industry and appurtenances thereto within the Territorial Jurisdiction of this Agreement. A current list of the members who have so authorized the Association is attached as Appendix A. The Association shall provide the Union with additions to the list during the term of this Agreement.

The parties agree to cooperate to create a "World Class Quality" attitude and program.

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ARTICLE 1 GEOGRAPHICAL JURISDICTION

Section 1. The geographical jurisdiction of this Agreement shall be comprised of the following fi fty (50) Counties within the Eastern Millwright Regional Council, Millwrights Local 1163: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, MontgomelY, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates.

ARTICLE 2

UNION SECURITY

Section 1. It shall be a condition of employment that the employees of any Employer covered by this Agreement who are members of the United Brotherhood in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members in good standing on the effective date of this Agreement, or who are hired on or after its effective date, shall, on the 8th day following its effective date, or the 8th day following the beginning of employment (whichever is later) become and remain members in good standing.

Section 2. In consideration of the foregoing, the Union agrees to supply competent, skilled and qualified journeypersons and apprentices to the Employer upon his/her request, to perform work coming within the trade, craft and geographical jurisdiction of the Union.

Section 3. In the event that an Employee fails to tender an admission fee or that a member fails to maintain his membership in accordance with the provisions of tlus AIticle, the Union shall notify the Employer in wliting and such notice shall constitute a request to the Employer to ternlinate said individual within fOlty-eight (48) hours for failure to maintain continuous good standing in the Union in accordance with its rules above referred to in this Article and the Employer shall terminate such Employee at the end of such period .

Section 4. In the event the Union does not accept into membership any Employee tendering the admission fee and the regular monthly Union fees, the foregoing paragraph shall not be applicable, provided, however, that the Union may at any time thereafter, decide to take such Employee into membership, in which case said Employee shall be required to tender full and uniform admission fees in effect in the Union no later than seven (7) days following notification by the Union and thereafter be required to maintain his membership in accordance with the provisions of the foregoing paragraph. In the event that such Employee fails to comply with this paragraph, the Union shall notify the Employer and the Employer shall ternlinate the employment of such Employee within forty-eight (48) hours.

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ARTICLE 3 ASSOCIATION RECOGNITION AND SECURITY

Section I. The Union recognizes the Associations as the exclusive bargaining representative of all designating members of the Associations. The Associations will provide the Union with a listing of those members that will be bound by this Agreement, prior to the commencement of negotiations. The Union will provide the Associations with a list of signatory Employers upon request. A copy of each signatory Employers endorsement page will be forwarded to the Associations at the time of signing. The Union will notify the Associations upon receipt of any correspondence from an Employer stating that it no longer wishes to be signatory to this Agreement.

Section 2. The Associations represent that they are duly authorized by their designating members hiring Employees to enter into this collective bargaining Agreement, that in so doing it is authorized to bind such designating members to the terms and conditions of this Agreement, and represent further that they will request, as a condition of membership in said Associations, that such designating members shall continue to be bound by such terms or, shall upon admission to the said Associations, after the date of execution of this Agreement, agree to be bound from that date forward by all the tenns and conditions of the Agreement.

Section 3. Each Association shall be one bargaining unit for its Employers bound by this Agreement.

Section 4. No modification, variation, or waiver of any terms or provision herein shall be valid unless agreed upon in writing by both the Associations and the Union.

ARTICLE 4 GRIEVANCE AND ARBITRATION PROCEDURES

Section 1. During the term of this Agreement, any questions relating to its interpretation, or any dispute arising from any provisions, shall be subject to the following grievance and arbitration procedure. All jurisdictional disputes or job assignments on any construction project within the jurisdiction covered by this Agreement are not subject to grievance or arbitration under this Article.

(a) Step I. The job Steward shall attempt to resolve the dispute on the jobsite with the Employer's Authorized Representative within two (2) working days of the event causing the dispute.

(b) Step 2. If the dispute is not resolved in Step 1, a written grievance will be submitted for resolution and a Council Representative and the Employer's Authorized Representative shall meet within two (2) working days of Step 1.

(c) Step 3. In the event that the dispute is still unresolved, the Executive Secretary Treasurer of the Council, or his designee, shall meet with the Employer's Authorized Representative and the appropriate Associations, within two (2) working days.

(d) Step 4. If the dispute is not settled as provided for above, it is agreed that a Joint Committee, comprised of an equal number of Regional Council and Association Representatives shall be established within the next two (2) working days and a decision rendered within three (3) working days. The Joint Committee shall be comprised of a minimum of two (2) members from the Negotiating Committee, one (1) each from Management and one (1) each from the Union. The written decision of the Joint Committee shall be final and binding on the PaIties to the dispute without precedent.

(e) Step 5. In the event that the Joint Committee is unable to decide the dispute, either patty may request arbitration by submitting in writing, with copies to the other party and the Association, a request to the American Arbitration Associations panel of arbitrators, of whom one (I) shall be selected by the Joint Committee. The decision of the Arbitrator shall be final and binding on all patties concerned. The expenses of

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the arbitrator shall be borne by the Union and the involved Employer (unless a multi-employer or Associations grievance).

Section 2. During the term of this Agreement, and during the period of hearing grievances and arbitration, neither party shall order or permit any lockout, strike or other work stoppage or slowdown.

ARTICLES BONDING

Section 1. Where there has been an audit of an Employer, and no deficiency has been found within (12) twelve months preceding the audit, the Employer shall not be required to be bonded.

Section 2. One of the following two options will be mandatory for all new signatory Employers, and those Employers that have been delinquent over the presiding twelve (12) months, performing work within the jurisdic tion (50 counties) of Local Union 1163 .

(a) Every Employer must secure a $25 ,000.00 payment bond and submit a copy to the respective Fund Office at the same time as the signed contract is produced.

(b) In lieu of a $25,000.00 bond, an Employer will prepay benefits on a weekly basis, in the form of a bank/certified check, to be deposited, prior to the start of the respective week, with the Empire State Carpenters Fund Office.

ARTICLE 6 INSURANCES

It is agreed that all Employers must furnish Workers Compensation Insurance, Unemployment Insurance and New York State Disability Insurance for all Employees. All Employers shall provide certificates of insurance upon written request of the Union/Council.

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ARTICLE 7 NON-DISCRIMINATION

The Employer and the Union mutually agree that they will comply and cooperate with all laws, codes, rules, regulations, executive orders and administrative decisions, whether State or Federal, dealing with nondiscrimination in training, membership, employment, job tenure, promotions and every other matter covered by such laws, codes, etc. not herein expressly mentioned. They shall not discriminate against any qualified employee or applicant for employment because of race, creed, color, sex, sexual preference, religious belief, national origin, and physical impairment status disabled veteran, veteran or union activity.

ARTICLES SUBCONTRACTING

Section 1. Any Employer, party to this Agreement, shall notify the Council of the awarding of any contract on which UBC work is to be performed, whether by the Conh'actor or Subcontractor. Said notice shall include the location of the job and the name and address of the Contractor or Subcontractor involved.

Section 2. An Employer signatory to this Agreement agrees that it or any of its Subcontractors will not contract or subcontract UBC work to be done at the site of Constmction, except to a person, firm or corporation who is party to a current labor Agreement with the Councilor the UBC.

ARTICLE 9 MAINTENANCE OF STANDARDS

This Agreement covers the entire jurisdiction of the Millwrights Local 1163 (50 counties). However, there are certain areas where Agreements are in place that cover Millwrights jurisdiction and have not yet expired. Where this condition exists, the more favorable terms and conditions of those Agreements, that are in conflict with the tenns and conditions of this Agreement, shall take precedent until the date of their expiration.

ARTICLE 10 VALIDITY

If any provisions of this Agreement violate any applicable statutes or is held by any Comi or Government Agency having jurisdiction, such invalidity shall not affect the validity of the remainder of this Agreement. In the event any section or pOltion thereof, shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) calendar days to redraft a new section, or portion thereof, which shall be valid and which shall replace the section, or portion thereof, declared invalid.

ARTICLE 11 MUTUAL ASSISTANCE

Failure of a Millwright to cross a picket line shall not subject such employee to discharge or discipline in any manner whatsoever.

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ARTICLE 12 DISP ATCH OF MEMBERS

Any Employer requesting Millwrights from within the Geographical Jurisdiction (fifty (50) counties) of Millwrights Local Union 1163 will do so through Local Union 1163. The office is located at 6489 Ridings Road, Syracuse, NY 13206. Phone number (315)671-0672, fax number (315)671-0675

ARTICLE 13 TOOLS

Section l. No Employee covered by this Agreement shall be allowed to furnish any ratchet exceeding \12" drive, sockets exceeding 1-1 /4", wrenches having ajaw opening of more than 1-3/8", except one adjustable end wrench not to exceed 1-3 /4", or any hammer exceeding 2 lbs. in weight. Members shall not be allowed to lease or rent any tool larger than the above-mentioned artic les to the Employer. No member of the craft shall lease or rent the use of his/her car, truck, power equipment, laser alignment tools, etc. to any Employer.

Section 2. When ordering manpower, it will be the Employer's responsibility to inform the Union of the duties that the Millwright will be performing. The Millwright will bring the appropriate tools to the jobsite in order to perform the required tasks. At the time of hiring the Millwright will present to the Employer an itemized tool list that he/she has brought to the jobsite, the Employer may confinn such list. The Millwright's tools shall be left in a designated area per the Employer and the Employer shall be responsible for loss of same by fire or theft by forcible entry, in the amount directly related to the itemized tool list that was presented when hired. The replacement amount shall be detennined from the tool list attached to this Agreement as an appendix. If no tool list is provided at the time of hiring, and a theft is substantiated by the foreman, then a $400.00-dollar stipend will be provided to the Millwright. The Employee with assistance from the Employer shall obtain a Police or Security report regarding any such incident.

Section 3. If and when a tool room is utilized by the Employer on the jobsite and the nature of the job requires an individual to attend this tool room, and the Employer elects not to make use of a Millwright for such purpose, the Millwright shall obtain the required tools on his/her own, from such tool room. He/she will comply with the Employer's method of tracking tools.

Section 4. The Employer agrees to furnish all welding equipment, including hats, hoods, glasses, gloves, etc., in accordance with OSHA.

Section 5. The Employer shall furnish all special tools and/or equipment of any nature.

Section 6. The Employer shall furnish all files and grinders. The filing and sharpening of all tools shall be the responsibility of the Employer. If any sharpening is done on the job site, the Millwrights shall do it.

Section 7. The Employer shall supply the necessary rain gear and boots when conditions warrant their use. This raingear shall remain the property of the Employer and must be returned upon request, or in the absence of a request, at no later time than the Millwright's termination of employment. The Millwright shall be financially responsible for the raingear not returned.

Section 8. A required tool list is provided as an Appendix to this Agreement.

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ARTICLE 14 WAGE PAYMENT

Wages shall be paid weekly on thejob before the end of the shift, on the regular payday. Such wages are to be

paid in lawful money, redeemable at a local financial institution. No more than four (4) days' pay shall be withheld

from the employee(s) on pay day. Pay envelopes or check stubs shall show the Employer's name and address,

employee's name, the hours worked, and the amount of payment enclosed. Any deductions from wages, including

payroll deductions, now or hereafter required, shall also be marked on the pay envelopes or check stubs. If the

employee(s) are not paid as specified, they shall receive a minimum offour (4) hours additional pay for waiting. Any

variation from the above, due to clerical or unforeseen circumstances, will be discussed between the Union and the

Employer prior to any penalty being assessed.

ARTICLE 15

FRINGE BENEFITS

Refer to Hourly Wage and Fringe Schedule (by county)

Section I. The Employer agrees that it shall make fringe benefit contributions in the amounts set forth in the Hourly Wage and Fringe Schedule (by counties) set forth in Article 28 of this Agreement to the Northeast Carpenters Funds, the Eastern Millwright Regional Council Apprenticeship and Training Fund and Labor Management Fund, or successors, which contributions shall be applied in the amounts indicated to provide the benefits specified in such Schedule. The Employer's remittance shall be in the fonn and manner as specified by the designated recipient of the contribution. In the event that a change of designation occurs during the term of this Agreement, written notice of such change will be given to each Employer at least thirty (30) days prior.

Section 2. The Council retains the right to allocate, or to reallocate at the appropriate times, those wages and contributions properly attributable to those Funds provided the purpose of such Funds is similar. The Council will consider any recommendation of the Fund Trustees concerning such allocation. It is recognized that the designation of a specific Fund to receive contributions may be changed during the tenn of this Agreement including where a specific Fund has been merged or consolidated into another such Fund of similar purpose.

Section 3. The Employer shall be bound by and shall comply with the agreements, declarations of trust, plans and/or rules, regulations and policies of the applicable Funds or any amendments or restatements thereof, and the labor management cooperation committees, so designated, and they are incorporated herein as part of this Agreement, provided in each such case that such agreements, declarations of trust, plans and/or rules, regulations and policies are not in conflict or inconsistent with any provisions of this Agreement, as from time to time constituted.

Section 4. Notwithstanding the provisions of Sections 1 and 2 hereof to the contrary, the Council shall not allocate or reallocate the payment of wages or contributions, without the Employer's agreement, where such allocation or reallocation may result in either (a) any decrease or loss of tax deduction or any decrease or loss of other tax benefit for the Employer, or (b) a significant increase in actual or potential withdrawal liability of the Employer (within the meaning of Title IV of ERISA) under any such Fund or plan pursuant to which the Fund is maintained.

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Under these circumstances, if an Employer or an Association asserts, in wntIng, that the Council's determination as to an allocation or reallocation of fringe benefit contributions falls within either of the aforesaid categories or violates ERISA, the Internal Revenue Code or other applicable law, it may submit such matter within thirty (30) days after knowledge of the effect of such action to the Council for appropriate adjustment. If within thirty (30) days thereafter, the parties cannot agree that an adjustment is required and the appropriate adjustments to be made, they shall promptly submit the matter to the Joint Committee referred to in Step 4 of the Grievance and Arbitration Procedures outlined in Article 4, Section I of this Agreement for resolution in accordance with the procedures set forth therein (except that such Joint Committee shall have fourteen (14) days to decide the matter presented), or, if the Joint Committee is unable to resolve the issue, either party may within thilty days thereafter initiate the procedures set fOlth in Step 5 of such provisions relating to arbitration (except that the then current Labor Arbitration Rules of the American Arbitration Association shall apply). In such case as the Employer or the Associations does not present this matter for resolution, within these time parameters the determination of the Council with respect to the allocation or reallocation shall be final and binding. The same principles shall be applicable with respect to any issue regarding the merger of Funds.

Section 5. The Union shall have the light to remove Millwrights from the employ of any Employer who is twenty- one (21) days or more delinquent in the payment of contributions to the Funds. If the Union does remove the Millwrights, they shall not be obligated to again furnish Millwrights unless and until all contributions have been made as required.

Section 6. Except as otherwise set forth in this Article 15, effective July 1, 2009, all fringe benefits shall be remitted to the Northeast Carpenters Funds, at 181 Industrial Park Road, Horseheads, New York 14845 or its successor funds on the applicable repOlting form, in the amounts set forth in the Hourly Wage and Fringe Schedule (by county) set forth in Article 28 of this Agreement.

Section 7. The Employer will make a contribution in the amount specified in the Hourly Wage and Fringe Schedule (by county) for each employee covered by this Agreement.

All payments to the Funds as set fOlth in this Article shall be forwarded to the NOItheast Carpenters Funds or its successor Funds (hereinafter referred to as the Transfer Agent), 181 Industrial Park Road, Horseheads, New York, 14845, so that they are received on or before the deadline. Simultaneously when making payment of the contributions, the Employer shall file the applicable remittance report with the Transfer Agent. Thereafter, the Transfer Agent shall remit the monies and report to the appropriate Funds, as outlined in the Appendix. All payments forwarded to the Transfer Agent shall be deemed contributions to those Funds as if the contributions had been made directly by the Employer to such Funds; the Employer satisfies its obligations to the Funds upon remittance of the monies to the Transfer Agent.

Notwithstanding the foregoing, the Transfer Agent shall not be responsible for collecting the contributions to the Funds and, therefore, shall not bear any expense of collection of the contributions. Neither the Transfer Agent nor its Trustees assume any of the obligations, responsibilities or liabilities, including, but not limited to, fiduciary obligations or liabilities, of the Funds by acting as Transfer Agent. In the event the Transfer Agent does not receive contributions on behalf of the Employees, the Transfer Agent and its Trustees shall not be responsible to the Employees or the Funds for the amount of such contributions. The Northeast Carpenters Funds shall serve as the Collection Agent for all delinquent contributions, and it shall remit such delinquent contributions as collected, to the Transfer Agent. The manner of crediting employees on whose behalf the Employer contributions are received by the Transfer Agent shall be in accordance with the agreements and declarations of trust and plan of the applicable Funds. The Trustees of the Transfer Agent and the Transfer Agent forwarding the payment to the Funds do not have responsibility for the application of the payments by the Funds receiving the same.

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Any Employer becoming delinquent in repOlting and making payment of contributions due the Funds shall be liable for the amount of the delinquency together with interest, liquidated damages not in excess of twenty percent (20%) of the delinquency, costs, audit fees and legal fees in such reasonable amounts and on such reasonable terms as may be established by the Funds in accordance with ERISA Sections SIS and 502(g). The Funds and/or Unions may conduct reasonable audits of those records of any Employer as necessary to verify compliance with the Employer's contribution obligations under this Agreement and require such Employer to post a bond in accordance with the "Bonding" provisions set forth in Article 5 of this Agreement.

Section 8. Promptly after execution of this Agreement, the Council shall transmit written notification by certified mail (return receipt requested) to each and every Fund affected by any of the provisions contained in this Article 15, and the Council shall subsequently transmit similar written notification to each and every new Fund coming into existence (whether by creation, merger, consolidation or otherwise) after the date of execution of this Agreement and affected by any of the provisions contained in this Article 15, putting each such existing or new Fund, as the case may be, on notice of such provisions contained herein as may impact and/or qualify the obligations of the Employer to contribute to said Fund and/or to be bound by the governing instruments of said Fund.

ARTICLE 16 DUES CHECK-OFF

Section 1. The Employer agrees to deduct from the basic wage rate of employees covered by this Agreement, an amount as shown in the wage schedule for dues check-off or another amount subsequently and lawfully established by the Union. Deductions will be made and submitted to the Northeast Carpenters Fund Office as designated by this Agreement. The Union has the option of increasing or decreasing the dues deduction, with sixty (60) days written notice to Employers.

Section 2. The Union shall indemnify and hold harmless the Employer from any claims arising under this Article, including the fumishing of counsel to defend any action.

ARTICLE 17 HOLIDAYS

The recognized holidays for the term of this Agreement, for which overtime rate shall be paid, if worked, is as set forth: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. Any holiday that falls on Sunday shall be observed the following Monday. Any holiday that falls on Saturday shall be observed the preceding Friday. Holiday pay is contingent upon work being performed.

ARTICLE 18 COUNCIL REPRESENTATIVES

Section 1. The respective Council Representative shall be allowed to visit the jobsite at all times, provided that the Council Representative satisfies required and reasonable clearance, orientation and h'aining to access the site. He or she shall first visit the jobsite office to notify the Employer of his/her presence. Employers will assist the Council Representatives in obtaining clearance into plant facilities for access to the jobsite, if required.

Section 2. Council Representatives shall not disrupt work site activities and if required to do so he/she shall be escorted by an Employer Representative.

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ARTICLE 19 STEWARDS

Section 1. A working Steward may be appointed by the Union and mutually agreed upon with the employer (consideration will be given to the utilization of a Millwright already in the employ of said Employer). On projects approved for the use of Labor Management Funds a union steward will be appointed by a union representative. The Union will promptly notify the Employer of the name of such Steward. The Steward will be allowed a reasonable period of time to perform his/her duties. He/she shall not have the right to waive, change, or modify any of the terms of this Agreement. He/she shall remain on the job as long as or whenever work is being performed directly by the Employer, except under the following circumstance: "If the project advances to a point where only one Employee is needed, he/she shall be the foreman". In the event the Employer needs any additional Employee(s), the Steward will be recalled first, provided he/she is qualified to perfonn the work. Should this Section be violated, the Employer will be given notification and will be subject to penalty pay for the Steward's lost time, if not corrected immediately. A Steward who is discriminated against, through reasons in performing his /her duties as such, shall receive (upon proper investigation by the Union and found true) the full protection of the Union. Disputes under this Section will be referred to the Grievance and Arbitration Procedure.

Section 2. No Steward shall be discharged from any job without just cause and until a meeting is held between the Union and the Employer. The meeting will be held within twenty-four (24) hours, excluding weekends and holidays, after the Union has been notified by the Employer. If a Steward is discharged before such a meeting is held to determine the reasons for discharge, he/she shall be paid for all the time lost from the moment of discharge until the initial meeting between the Employer and the Union has been concluded. This does not preclude any other relief that may be awarded in the Grievance and Arbitration Procedure.

Section 3. The Steward shall be employed whenever any work covered by this Agreement is being performed, provided he/she is qualified to perform such work.

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ARTICLE 20 FOREMAN / GENERAL FOREMAN

Section 1. When two Millwrights are employed, one shall be the Foreman and he/she shall receive 110t less than the amount per hour, as noted on the Wage and Fringe Schedule (by county), over the journeyman's rate, with a minimum of eight (8) hours per day guarantee, Monday through Friday, while on the payroll of the Employer and continuing to serve in that capacity.

Section 2. General Foreman shall receive not less than the amount per hour, as noted on the Wage and Fringe Schedule (by county), over the journeyman's rate, with a minimum of eight (8) hours per day guarantee, Monday through Friday, while on the payroll of the Employer and continuing to serve in that capacity.

Section 3. When a Foreman or General Foreman is employed, he/she shall be recognized as the only representatives of the Employer who shall issue instructions to the workers.

Section 4. No Foreman shall have more than twelve (12) Millwrights under his/her jurisdiction. Upon mutual agreement between the Union and the Employer, the maximum number of Millwrights per Foreman may be adjusted.

Section 5. All Foreman and General Foreman shall be journeyman members of the craft. Qualified apprentices may serve as Forman at the Employer and Union discretion, however, said apprentice while acting as foreman shall receive journeyman compensation.

Section 6. When more than thirty-five (35) Millwrights are employed on a single project a general foreman shall be employed.

ARTICLE 21 APPRENTICES

Section 1. Apprentices shall be paid the following rates and fringe benefits (Health, Pension and Annuity). All other fringe benefits shall be paid at 100%.

First Level 60% Wage 100% Health

Second Level 70% Wage 100% Health / 70% Pension & Annuity

Third Level 80% Wage 100% Health / 80% Pension & Annuity

F omih Level 90% Wage 100% Health / 90010 Pension & Annuity

Section 2. Ratios of Apprentices to ]ourneypersons shall be the same as those set forth by the New York State Department of Labor.

Section 3. The Employer agrees that it shall make appropriate contributions, as set fOlih in its Collective Bargaining Agreements with the Northeast Regional Council of Carpenters, the Eastern Millwright Regional Council and their affiliated Local Unions to the Eastern Millwright Regional Council Apprenticeship and Training Fund. The Employer agrees to be bound and shall comply with agreements, declarations of trust, plans or other relevant documents with respect to the Eastern Millwright Regional Council Apprenticeship and Training Fund.

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ARTICLE 22

JOBSITE FACILITIES AND CONDITIONS

Section 1. Beginning no later than October I, and extending through April 30, a weather-tight building or r00111 large enough to accommodate the Millwrights, for use as a shelter, shall be provided. TillS building or room shall be equipped with tables, benches and heat, for use during the Millwrights' lunch period. It may be necessary to share this weather tight room or building with other trades. If this creates an overcrowding situation requiring the lunch period to be staggered, the Employer will be allowed flex-time, not to exceed one half (112) hour each side of the regularly scheduled lunch period. The Union must be notified when this condition exists .

Section 2. ComfOlt station(s) will be provided as per local health laws.

Section 3. Cool fresh drinking water shall be available on the jobsite at all times. If it is necessary to provide ice to retain the coolness of the water, it will be provided by the Employer.

Section 4. Millwrights shall be permitted a ten (10) minute coffee break, approximately midpoint between the starting time and the lunch break, at their work station.

Section 5. All Millwrights shall be allowed a sufficient time to wash up and care for tools prior to lunch and prior to the scheduled quitting time.

Section 6. Employees shall be at their gang box or designated dispatch area prepared to begin work at the designated starting time. The Employee shall not leave the jobsite until the scheduled quitting time.

Section 7. The Employer shall see that a First Aid Kit is furnished on the jobsite and that the same shall be kept completely supplied with the neceSSalY medical equipment.

Section 8. If any Millwright is injured on the jobsite, he/she shall be compensated for any lost time on the day of the injury, and the Union will be notified within twenty-four (24) hours.

Section 9. There shall be no limit on production by employees, nor restrictions on the full use of tools or equipment. There shall be no restriction, other than may be required by safety regulation, on the number of employees assigned to any crew or for any service.

Section 10. Slowdowns, make-work and featherbedding practices shall not be tolerated.

Section 11. Any employee who reports to work under the influence of alcoholic beverages or drug, or drinks or uses drugs during work hours, or has possession of either, shall be subject to immediate termination.

Section 12. Any Union member who has been released for work for a previous injury must supply Local Union 1163 and the Employer a medical release form from the attending physician.

Section 13. The Employer will provide in writing to the Union the names of any Millwrights who are injured while in their employ.

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ARTICLE 23 HOURS OF WORK AND OVERTIME

Section 1. The first five days, Monday through Friday inclusive, shall constitute a working week. The normal work day shall consist of eight (8) hours with one-half (112) hour for lunch. The lunch period should be scheduled at the approximate midpoint of the shift. If circumstances exist, the Employer will have flexibility in the form of one-half (112) hour either side of the regularly scheduled lunch period for those Employees. The starting time shall be set by the Employer and shall not be changed fr0111 day to day. The work day must start no earlier than 6:00 a.m. and no later than 8:00 a.111. except as may be otherwise mutually agreed upon by the Employer and Union.

Section 2. Work performed before or after the above specified hours and on Saturday shall be paid on a time and one half (1 Yz) basis. All work performed on Sundays and holidays shall be paid on a double time basis.

Section 3. No work to be performed outside the hours specified or on legal holidays, Saturdays, or Sundays, without permission of the Union.

Section 4. The lunch period, when taken outside the times as defined in Section 1 will be paid at the applicable overtime rate.

Section 5. When overtime requires a Millwright to work over 10 hours they shall receive a paid (15) minute break for each two- hour period beyond the 10 -hour work day.

Section 6. It is further agreed that on private work, to the extent permitted by law, an Employer's request for a four (4) day (Monday - Thursday or Tuesday-Friday), ten (10) hour work week shall not be unreasonably denied when requested twenty-four (24) hours in advance of commencement. All work performed after ten (10) hours or forty (40) hours in the same four (4) day (Monday - Thursday or Tuesday-Friday), ten (10) hour workweek shall be paid at the overtime rate required by the Collective Bargaining Agreement in the area that the work is being performed. The Foremen/General Foremen shall receive not less than the amount per hour, as noted on the Wage and Fringe Schedule (by county), over the journeyman's rate, with a minimum of ten (10) hours per day guarantee, Monday through Friday, while on the payroll of the Employer and continuing to serve in that capacity. In addition, work performed by the same employee in that week, regardless of location, shall be paid at the overtime rate provided for in the area where work is performed.

ARTICLE 24 MAKE-UP DAY

Make-Up Day: Saturday, or in the case of a four ten (4-10) work week, Friday, may be used as a make- upday and worked at the straight time rate of pay during a work-week when conditions beyond the employer's control, such as weather, power failure, fire or natural disaster prevent the performance of work on a regularly scheduled work day.

ARTICLE 25 SHIFT WORK

Section 1. When Shifts are required, the first shift shall work eight (8) hours on the regular straight time rate. The Second shift shall work eight (8) hours at regular straight time rate, plus a $2.00 per hour shift additive. Third shift shall work eight (8) hours at regular straight time rate, plus a $2.25 per hour shift additive. When ten (10) hour shifts are used the Second shift shall be paid a two ($2.00) per hour shift additive. When twelve (12) hour shifts are used the Second shift shall be paid a $2.25 per hour shift additive. Four ten-hour schedules will apply as found in Alticle 23 Section 6.

Section 2. The first shift is not to stalt earlier than 6:00 AM unless prior Union approval is obtained. Any

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work outside the regular shift shall be at the respective overtime rate . No more than 8 hours of straight-time pay in a 24-hour window, unless on approved 4-10's schedule. Shift starting times may be changed by mutual consent. Each shift shall have a one-half (112) hour unpaid lunch period.

Section 3. Shifts spanning less than five (5) consecutive days may be worked provided the contractor submits a notification to the Local Union for each such occasion. The notification shall identify the work to be performed, the number of shifts, the length of each shift, and the number of men expected to be employed. The notification shall not be construed as a guarantee of hours of work.

Section 4. Shift work shall be defined as implementing at least two (2) shifts in a twenty-four (24) consecutive hour period.

Section 5. It is understood that there is no guarantee that, on any given day, one shift might not vary due to weather, equipment breakdown, or changes in operation schedules.

ARTICLE 26 CALL IN PAY/DISCHARGE

Section 1. An Employee, on his/her initial hire date shall be paid a minimum two hours at the applicable rate . If an employee does not receive eight (8) hours on the following day he/she shall receive eight hours for his/her initial hire date.

Section 2. An Employee already in the employ of an Employer, who reports to work, shall receive two (2) hours show-up time regardless of weather conditions. If any part of the shift is worked, the Employee shall receive four (4) hours pay, and if work exceeds four (4) hours then the Employee shall receive actual hours worked .

Section 3. When an Employee has been discharged, he/she shall be given cause, and shall receive a one (1) hour notice with pay. The Employer, at his/her discretion, may discharge the Employee at the end of the regular hours of work.

Section 4. When an employee quits his/her job on his/her own accord, at the option of the Employer, he/she may be required to wait until the next regular pay day for the wages due him/her.

Section 5. Upon discharge, the Employee may be paid by direct deposit or check, postmarked no later than the end of the next business day. Ifnot mailed within this period, the Employer agrees to pay the Employee an additional four (4) hours pay, unless prevented from doing so by disaster or act of God.

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ARTICLE 27

WAGES & CLASSIFICATIONS

Refer to Hourly Wage and Fringe Schedule (by county) elsewhere in this Agreement.

Section I. A Certified Welder shall receive $ 1.75 per hour in addition to the current journeyman's rate provided he/she is directed to perform certified welding.

Section 2. If a work site has been declared a hazardous site by the Owner and the use of protective gear (including, as a minimum, air purifying canister-type chemical respirators) are required, then that Employee shall receive a $1.50 premium per hour.

Section 3. An employee perfonning the work of a machinist shall receive $2.00 per hour in addition to the current journeyman's rate. For the purposes of this section, a "machinist" is a person who uses a lathe, Bridgepolt, milling machine or similar type of tool to make or modify parts.

Section 4. When performing work underground at 500 feet and below the member will receive $.25 per hour in addition to the rate beginning July pi 2018, $.50 per hour beginning July pi 2lO9 and $1.00 per hour beginning July lSI 2020.

Section 5. Although members of the craft may work a pOltion of a day in any of the job classifications described above, they shall be compensated for the entire work day at the premium rate established for such classifications, provided they are present and working for the Employer during the entire work-day.

Section 6. If a drug test is ordered by the Employer (even at the request of the owner) at a vendor selected by the Employer, not the Owner, and there is a false positive test result by the split sample specimen, the employee will be paid for the time he/she missed because of the false positive test.

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ARTICLE 28

HOURL Y WAGE AND FRINGE SCHEDULE (By County)

Alb any All egany B roome C attaraugus C ayuga iWage $ 32.00 $ 27.78 $ 27 .78 $ 27.78 $ 27.78 Pension $ 9.50 $ 8.15 $ 8.15 $ 8.15 $ 8.15 Health $ 8.10 $ 8.50 $ 8.50 $ 8.50 $ 8.50 Annuity $ 2.54 $ 2.55 $ 2.55 $ 2.55 $ 2.55 MW-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05 ClTF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 EMRC Training $ 1.10 $ 1. 10 $ 1.1 0 $ 1.1 0 $ 1.10 Health HRA $ 1.00 ~MRCL&M $ 0040 $ 0040 $ 0040 $ 0040 $ 0.40 Ifotal $ 54.79 $ 48.63 $ 48 .63 $ 48.63 $ 48.63 Dues Assessment 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+ .05 per hr

li'oreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00 General Foreman $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00

Ch t au auqua Ch emung Ch enango cr t III on C I b' o urn la lWage $ 27.78 $ 28.75 $ 32.00 $ 28.39 $ 34.40 rension $ 8.15 $ 7.65 $ 9.50 $ 8.50 $ 9.80 Health $ 8.50 $ 8.85 $ 8.10 $ 8.60 $ 10.57 ~nuity $ 2.55 $ 5.00 $ 2.54 $ 3.50 $ 5.60 MW-IT $ o .05 $ 0.05 $ 0.05 $ 0.05 $ 0.05 CITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 EMRC Training $ 1.10 $ 1.1 0 $ 1.10 $ 1. 10 $ 1.10 Health HRA $ 1.00 EMRCL&M $ 0040 $ 0040 $ 0040 $ 0040 $ 0.40 Total $ 48 .63 $ 51.90 $ 54.79 $ 50.64 $ 62.02 Dues Assessment 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr Foreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00 peneral Foreman $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 6.50

TP= Total

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ARTICLE 28 HOURLY WAGE AND FRINGE SCHEDULE (By County)

Cortland Delaware Erie Essex Franklin Wage $ 28.75 $ 32.0.0. $ 32.40. $ 28.39 $ 28.39 Pension $ 7.65 $ 9.50. $ 9.45 $ 8.50. $ 8.50. Health $ 8.85 $ 8.10. $ 9.55 $ 8.60. $ 8.60. Annuity $ 5.0.0. $ 2.54 $ 7.40. $ 3.50. $ 3.50. MW-IT $ 0..0.5 $ 0..0.5 $ 0..0.5 $ 0..0.5 $ 0.05 CITF $ 0. .10. $ 0. .10 $ 0..10. $ 0..10. $ 0.10. EMRC Training $ 1.10. $ 1.10. $ 1.10. $ 1.10. $ LID HealthHRA $ 1.0.0. EMRCL&M $ 0..40. $ 0..40. $ 0..40. $ 0..40. $ DAD iI'otal $ 51 .90. $ 54.79 $ 60..45 $ 50..64 $ 50.64

Dues Assessment ~% TP+.D5 per hr ~% TP+.D5 per hr 4% TP+.D5 per hr 4% TP+.D5 per hI' ~% TP+.05 per hr

Foreman $ 4.0.0. $ 4.0.0. 10. % TP per hI' $ 4.0.0. $ 4.00. General Foreman $ 5.0.0. $ 5.0.0. 10. %+.5DTP $ 5.0.0. $ 5.00.

Fulton Genesee Greene Hamilton Herkimer Wage $ 32.0.0. $ 32.40. $ 34.40. $ 28.39 $ 27.78

Pension $ 9.50. $ 9.45 $ 9.80. $ 8.50. $ 8.15 Health $ 8.10 $ 9.55 $ 10..57 $ 8.60. $ 8.50.

Annuity $ 2.54 $ 7.40. $ 5.60. $ 3.50. $ 2.55

~-IT $ 0..0.5 $ 0..0.5 $ 0..0.5 $ 0..0.5 $ 0.0.5

~ITF $ 0..10 $ 0..10. $ 0..10. $ 0. . 10. $ 0.10 EMRC Training $ 1.10. $ 1.10. $ 1.10. $ 1.10. $ 1.10. Health HRA $ 1.0.0. ~MRCL&M $ 0..40. $ 0..40. $ 0..40. $ 0..40. $ 0.40

Total $ 54.79 $ 60..45 $ 62.0.2 $ 50..64 $ 48 .63

Dues Assessment 4% TP+.D5 per hI' 4% TP+.D5 per hI' 4% TP+.D5 per hI' 4% TP+.D5 per hI' 4% TP+.D5 per hr

Foreman $ 4.0.0. 10. % TPper hr $ 4.0.0. $ 4.0.0. $ 4.00. General Foreman $ 5.0.0. 20. % TPper hr $ 6.50. $ 5.0.0. $ 5.0.0.

TP= Total

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Jff e erson L ' eWls L" t Ivmgs on M d' a Ison M onroe twage $ 28 .39 $ 28.39 $ 28.75 $ 27 .78 $ 28 .75

iPension $ 8.50 $ 8.50 $ 7.65 $ 8.1 5 $ 7.65 Health $ 8.60 $ 8.60 $ 8.85 $ 8.50 $ 8.85

~nuity $ 3.50 $ 3.50 $ 5.00 $ 2.55 $ 5.00 MW-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05 CITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 EMRC Training $ 1.10 $ 1.10 $ 1.10 $ 1.10 $ 1.10 HealthHRA EMRCL&M $ 0.40 $ 0.40 $ 0.40 $ 0.40 $ 0.40 Total $ 50.64 $ 50.64 $ 51.90 $ 48.63 $ 51.90 !Dues Assessment 4% TP+.05 per lu' 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hI' 4% TP+ .05 per hI' Foreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00

Peneral Foreman $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00

Mt onrgomery N' lagara o 'd nel a o d non aga o ntano twage $ 32.00 $ 32.40 $ 28.39 $ 28 .39 $ 28.75 Pension $ 9.50 $ 9.45 $ 8.50 $ 8.50 $ 7.65

iHealth $ 8.10 $ 9.55 $ 8.60 $ 8.60 $ 8.85

~nuity $ 2.54 $ 7.40 $ 3.50 $ 3.50 $ 5.00 Mw-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05 CITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 EMRC Training $ 1.10 $ 1.10 $ 1.10 $ 1.10 $ 1.10 Health HRA $ 1.00

EMRCL&M $ 0.40 $ 0.40 $ 0.40 $ 0.40 $ 0.40 Total $ 54.79 $ 60.45 $ 50.64 $ 50.64 $ 51.90

Inues Assessment 4% TP+.05 per hI' ~% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr

1F0reman $ 4.00 10 % TPper hI' $ 4.00 $ 4.00 $ 4.00 Peneral Foreman $ 5.00 20 % TP per hr $ 5.00 $ 5.00 $ 5.00

TP = Total Package

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01 r eans o swego o swego /w * ayne · Ot sego R en sse aer ~age $ 28.75 $ 28.39 $ 33.89 $ 32.00 $ 32.00 !Pension $ 7.65 $ 8.50 $ 8.50 $ 9.50 $ 9.50

Health $ 8.85 $ 8.60 $ 9.00 $ 8.10 $ 8.10

Annuity $ 5.00 $ 3.50 $ 5.00 $ 2.54 $ 2.54

MW-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05

CITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10

EMRC Training $ 1.10 $ 1.10 $ 1.10 $ 1.10 $ 1.10

Health HRA $ 1.00 $ 1.00

iEMRCL&M $ 0.40 $ 0.40 $ 0.40 $ 0.40 $ 0.40

[rotal $ 51.90 $ 50.64 $ 58.04 $ 54.79 $ 54.79

~ues Assessment 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+ .05 per hr

Foreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00

General Foreman $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00

S aratoga c enecta Iy S h d S h h . c 0 ane S h I cuyler S eneca ~age $ 32.00 $ 32.00 $ 32.00 $ 28 .75 $ 27.78

lPension $ 9.50 $ 9.50 $ 9.50 $ 7.65 $ 8.15

iHealth $ 8.10 $ 8.10 $ 8.10 $ 8.85 $ 8.50

iAnnuity $ 2.54 $ 2.54 $ 2.54 $ 5.00 $ 2.55

~W-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05

~ITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10

EMRC Training $ 1.10 $ 1.10 $ 1.10 $ 1.10 $ 1.10

!Health HRA $ 1.00 $ 1.00 $ 1.00

iEMRCL&M $ 0.40 $ 0.40 $ 0.40 $ 0.40 $ 0.40

Total $ 54.79 $ 54.79 $ 54.79 $ 51.90 $ 48.63

Dues Assessment 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+ .05 per hr Foreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00

General Foreman $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00

* Fringe Benefits Paid on Hours Paid TP = Total Package

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St. Lawrence Steuben Sullivan Tioga Tompkins

Wage $ 28.39 $ 28 .75 $ 34.60 $ 27.78 $ 28.75 Pension $ 8.50 $ 7.65 $ 9.85 $ 8.15 $ 7.65 Health $ 8.60 $ 8.85 $ 10.62 $ 8.50 $ 8.85

~nuity $ 3.50 $ 5.00 $ 5.65 $ 2.55 $ 5.00

~-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05

K:ITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 EMRC Training $ 1.10 $ 1.10 $ 1.10 $ 1.10 $ 1.10 Health HRA Sub Employment EMRCL&M $ 0.40 $ 0.40 $ 0040 $ 0.40 $ 0.40 Total $ 50.64 $ 51.90 $ 62.37 $ 48.63 $ 51.90

Inues Assessment 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr Foreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00 peneral Foreman $ 5.00 $ 5.00 $ 6.50 $ 5.00 $ 5.00

UI ster W arren W h' as mgton W ayne W 'yommg

""age $ 34.60 $ 28 .39 $ 28.39 $ 28.75 $ 28 .75

lPension $ 9.85 $ 8.50 $ 8.50 $ 7.65 $ 7.65

lHealth $ 10.62 $ 8.60 $ 8.60 $ 8.85 $ 8.85

~nnuity $ 5.65 $ 3.50 $ 3.50 $ 5.00 $ 5.00

iMw-IT $ 0.05 $ 0.05 $ 0.05 $ 0.05 $ 0.05

~ITF $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 EMRC Training $ 1.10 $ 1.10 $ 1.10 $ 1.10 $ 1.10 HealthHRA

EMRCL&M $ 0.40 $ 0.40 $ 0.40 $ 0.40 $ 0.40 Total $ 62.37 $ 50.64 $ 50.64 $ 5 1.90 $ 51.90 Dues Assessment 4% TP+.05 per hr ~% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr 4% TP+.05 per hr Foreman $ 4.00 $ 4.00 $ 4.00 $ 4.00 $ 4.00 General Foreman $ 6.50 $ 5.00 $ 5.00 $ 5.00 $ 5.00

TP = Total Package

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ARTICLE 28 HOURLY WAGE AND FIUNGE SCHEDULE (By County)

Yates Wage $ 27.78 Pension $ 8.15 Health $ 8.50 Annuity $ 2.55 MW-IT $ 0.05

~ITF $ 0.10 iEMRC Training $ 1.10

~ealth HRA EMRCL&M $ 0.40 Irota) $ 48 .63 Dues Assessment 4% TP+.05 per hr Foreman $ 4.00

General Foreman $ 5.00

* Oswego/Wayne County: Any Gas/Steam Turbine and or related component work, including new installations or maintenance and any/all work performed within the property limits of a Nuclear Facility, Shall Follow this wage and Fringe Package with Fringes on hours paid basis

Section 2. Heavy and Highway Terms

Effective May 1,2019, this shall apply to all heavy and highway construction which tenns are defined as being all work performed (excepting heavy and highway work as herein defined which has been awarded as a subcontract of a building contract which work is the subject of a building construction collective bargaining agreement containing a subcontracting clause), including but not limited to: water supply, drainage, sanitation, reclamation, irrigation and flood control projects, hydroelectric developments, Waterways, railroads, highways, streets, bridges, and similar structures, abutments, transmission lines, duct lines, pipelines, sewers, water mains, cut and cover work as it pertains to previous scope items.

Work performed under these Heavy and Highway terms will receive an additional $2.00 an hour

over the posted county rate. When Heavy and lor Highway work covered by this agreement is performed at a State or

Federally designated hazardous waste site where employees are required to wear protective gear, the employees performing the work while wearing protective gear shall receive an additional two dollars ($2.00) per hour over the millwright heavy and highway wage rate for all hours worked on the day

protective gear was worn.

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AlbanY-Fulton-Montgomery - RensselaerSchenectady-Schoharie-Saratoga -Chenango

Delaware- Otsego

Columbia-Greene

Sullivan-Ulster

Genesee-Niagara-Erie#

Jefferson-lewis-St. lawrence-Onondaga-Oswego-Clinton-Essex-Franklin-Hamilton-Warren-

Washington-Oneida

Cortland-Tompkins-SchuylerChemung-Steuben- Livingston- Monroe-Ontario

Wayne-Orleans-Wyoming

*Oswego/Wayne

Allegany-Cattaraugus-Chautauqua- HerkimerMadi son-Broom e-Ti oga-Cayuga-Se neca-Yates

WAGE INCREASES Effective July 1- Each Year

7/1/2018

$1.40

$1.25

$1.60

$1.35

$1.25

$1.35

$3.00

$1.60

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7/1/2019 7/1/2020

$1.40 $1.40

$1.25 $1.25

$1.60 $1.60

$1.35 $1.35

$1.25 $1.25

$1.35 $1.35

$3.00 $3.00

$1.60 $1.60

ARTICLE 29 SAFETY & SAFTEY TRAINING

Section 1. The employee covered by the terms of this Agreement shall at all times, while in the employ of the Employer, be bound by the safety rules and regulations as established by the Owners, Employers and applicable safety laws, including but not limited to OSHA and MHSA.

Section 2. The Employer will supply all required safety equipment with exception of STEEL TOED SHOES and prescription safety glasses.

Section 3. The Union and the Employers will work cooperatively to have the Apprenticeship and Training Fund, at no cost to the Employer, provide safety training as required by the Owner, provided the safety requirements are not unique to the Owner. If the safety training is unique to the Owner, the training must be available to all members of the Union regardless of employment.

All employees are required to have Haz-com and 10 Hour OSHA course training. All foremen and general foremen will be required to have the 30 Hour OSHA training.

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ARTICLE 30

TRADE AUTONOMY

The machinery, equipment and associated components listed below, which is identified for the purpose of description only, falls within the jurisdiction of the United Brotherhood of Carpenters and Joiners of America (Millwrights).

Although some components of machinery and/or equipment may be described in one application or location and not in another, it's hall not be excluded from our autonomy when to avoid repetition, it is not described in other applications.

Section I.The term Millwright and Machinery Erectors shall mean the unloading, hoisting, rigging by any means, transferring, moving, cleaning, disassembling, assembling, welding, burning; erecting, calibrating, aligning, starting-up and testing, adjusting, repairing, and the maintaining of all machinery and equipment, be it powered by, or receiving power from, steam, gas, gasoline, diesel, jet, electric, pneumatic, water, solar, thermal, mineral, atomic, rocket, nuclear, chemical, wind or any other source, regardless of whether temporarily or permanently installed or located.

Section 2.Some of the locations in which you may find machinery, equipment and their components are: wood working, canning, food, and computer industries, steel, metal, plastic, and glass manufacturing or recycling plants, foundries , ore reduction plants, stamping facilities, coffee roasting plants, paper, cellophane and film industries, feed and saw mills, rock, gravel, sand washing, stone crushing, cement and asphalt plants, water, sewage and chemical treatment plants, laundries, kitchens, restaurants, hospitals, bakeries, fertilizing and mixing plants, can, ice, bottle and bag manufacturing plants, textile, flour, and paint mills, breweries, milk, rendering and meat processing plants, locks, dams and bridges, coal yards, sugar refineries , ethanol or similar type facilities, post offices, package handling centers, incinerators, cogeneration, coal gasification and powerplants, automotive, truck and or similar manufacturing type factories ,bio-research facilities, the amusement, recreational and entertainment fields .

Section 3. Millwrights shall set all engines, motors, dynamos, generators, diesel generators, motor restraints, install, measure and align with optical instruments when necessary the reactors, control, push and shutdown rods, rod pressure housing, drives, guide sleeves and other related equipment in reactors, turbines, castings, combustion chambers and all its related components, the attachment of the inlet manifolds and exhaust ducts, cylinders, diaphragms, rotors, blade rings, blade or bucket assemblies, hydrogen coolers, blower assembles, packing joints on hydrogen coolers, exciter or Alterex and all others, turning gear, extension box, welding of extension box, lagging, stretching of coupling bolts or others, perform oil flush, install turbine lube oil tank, pumps and related component skids, filters, thrust bearings, the sweating on and shrinking of bearings, couplings, shafts and others, sole plates and machine bases, perfonn all precision grouting using the following materials, epoxy, wet, non-shrink, dri-packing or other types, demineralizing, hydromation and mechanical dust systems, sensors, air compressors, supercharges, coolers, boiler controls and linkage, Bailey Meters or similar devices and their linkages, fluid drives, embedded guides to traveling screens, traveling screens, roller, slide, knife, lock and sluice gates, limit torques on mechanical valves, gates and others, tainter valves, limit switches, trips, triggers or switches including the brackets that are attached to, stop logs, dam rollers, transfer cars, gear head motors.

Section 4.The setting of variable drives, fans, coal cranes, truck cranes or other types, including servicing and the adjusting and aligning of mechanical equipment within the cranes, crane rails and all other types of rails which would carry mechanically activated equipment, including their alignment, monorail(all sizes),trolleys, pumps and their associated components, packaging equipment, refrigerating equipment, chillers, and related equipment, lantern rings, packing glands, packing for pumps, pollution equipment, carbon absorbers, heat exchanges, grain, ball, hammer, roller mills and others, crushers and beaters, hoppers, bins, chutes and spouts, turn tables, shears, casing machines, robots, air-veyors conveyors of all sizes, types, and styles regardless of the materials they are constructed with, including their supports, people movers, jetways, magnetic separators, hoists, feeding machinery, Z-loaders, S- loaders, palletizers, Triax equipment, mechanical equipment in scrubbers, pack towers, precipitators, cooling towers and air -cooled condensers.

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Section 5. Sewage and Water Treatment Plants- disassembly, fabricating, rigging, erecting and, aligning o f skimmers, rake mechanisms, feed wells, battles, scum troughs, de-gritting equipment, bar screens, communitors, mixers, pumps, aeration systems, blowers, membrane filtration systems, sequencing batch reaction systems, Including related, filter presses, sand filh·ation systems (excluding the filtration media and associated earthworks), ultra-violet track systems, mechanical drive assemblies, conveyors, monorails, gates and setting odor control equipment, (excluding heating, ventilating and air conditioning work or associated earthworks), ultra -voilet track systems, mechanical drive assemblies, conveyors, monorails, gates, and setting odor control equipment (excluding heating, ventilating and air conditioning work or associated eatthworks). The setting ofthru- clean bar, straight line bar, h·ash dryer drum, and disc screens, straight line grit, circuline grit, circuline sludge, and circuline mixer collectors, straight line, flash, horizontal slow, veltical slow, and vibra flow feeder machines, pre-aeration and settling tanks, covers for tanks, bowls and basins including stationary or mechanical covers regardless of materials, thickeners, roto-Iine dish·ibutors, sludge bed cleaners, digestion systems, heaters, dyna-grind sewage screening grinders, screw pumps, spiral classifier, agitators, junk remover, hydro pulper, cooling fans, lube systems, selectifier screens, hydro sensors, fuel blowers, grizzly screens, trammels, table feeders, dryers, optical sOlters, high tension separators, grip dewatering screens, flash mixer, horizontal slow mixer, vertical slow mixer, filter, cone and rotary presses, comminutors, barminutors, degreasers, rotometers, dehumidifiers, benches, spray paint booths and washers for cars, trucks, buses, trains and other types, hydraulic units, shroud boxes, silencers, scales, load cells, eddy current clutches, disintegrators, dehairing machines, grain handling devices, laboratory equipment, machine shop equipment, ladle cars, stunning pens and doors, activation equipment, racks, material handling platforms, transition pieces, the handling and installation, of pulleys, gears sheaves, and flywheels, air vacuum, worm, belt, friction, rope, chain and gear drives that are directly or indirectly coupled to motors, belts, chains, shafts, or screws, installation of legs, boots, guards and boot tanks, all bin and diverter valves, tum hands and indicators, shafting, bearing cable sprockets, cutting of all key seats in old and new work, troughs, chippers, calendars, rolls, winders, rewinders, slitters, cutters, wrapping machines, blowers, forging machines, pneumatic, electric and hydraulic rams, extractors, expellers and extruders, ball and dust collectors, splicing of ropes and cables.

Section 6. The laying out, fabrication and installation of protecting equipment including: machinery guards, making and setting of templates for machinery, fabrication of bolts, nuts, pans, drilling of holes in machinery for any equipment which the Millwrights install regardless of materials, all welding and burning regardless of type, fabrication of all lines, hose or tubing used in the lubrication, operation, cooling or heating of machinery including the installation of all fluids used to operate, lubricate, cool or heat equipment installed by Millwrights, cleaning of machinery before turnover to owner, machining, grinding, milling, broaching, boring, threading, lapping and keying that may be necessary for any part of equipment, including the starting up, breaking in, trial running and operational or functional testing of any equipment or machinery installed by the Millwrights.

Section 7. Rock, sand and gravel plants, batch or aggregate plants, recycling equipment, crushers, conveyors, chutes from one piece of mechanical equipment into another piece of mechanical equipment or from a vessel into a conveyor, or into other places or mechanical equipment or other mechanical equipment used (for the purpose of description only) to excavate material from one area to another from highways, roadways or elsewhere.

Section 8. When optical instruments such as automatic levels, builders' transits, precision jig transits, tilting levels, theodolites or other precision tools and instruments are used to locate and set machines. These tools are considered a tool of this trade and are to be used by Millwrights to set their equipment.

Section 9. Asbestos removal on equipment in which Millwrights normally remove during maintenance and repair work. (Removal shall be allowed by the Union whose members have been educated and h·ained in the safe removal of asbestos material.) Any new equipment or technology designed to replace any of the equipment described above shall remain in the jurisdiction of the Millwrights.

28

Section 10. All animation and mechanical exhibits that are used in expositions and fairs . All turntables in expositions, fairs, gas stations, garages.

Section 11. Setting of guns and gun mounts. The skidding and un-skidding and crating and uncrating of all machines shall be the work of the Millwrights. Finally, all work peltaining to machinery used for manufacturing purposes or amusement devices which will come with the evolution of time and this craft will come under this jurisdiction.

Section 12. The rigging, setting, leveling, cleaning, forming and grouting of equipment bases are the work of the Millwright.

Section 13. It is understood that Millwrights shall perform work assigned to them by the Employer, provided they can perform it safely.

Section 14. There will be no cessation of work at any time as a result of jurisdictional disputes. They will be handled solely in accordance with the Article titled 'Jurisdictional Disputes,' located elsewhere in this Agreement.

Section 15. The parties agree that it has been the custom and practice of Millwrights to perform layout work from time to time, using surveying instruments such as the transit level, when required.

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ARTICLE 31 UNION MEMBERS CONTRACfING WORK

Members of Local Union 1163 contracting work, must show proper insurance (and post notice to this effect) and be signatory to this Agreement before hiring a member of this Council.

ARTICLE 32

MOBILITY OF MANPOWER

A signatory Employer's workforce shall be afforded full mobility throughout the geographical jurisdiction of Local 1163, as defined in this Agreement. The Employer will advise the Union of the location and estimated duration of the various projects and the number of Millwrights to be employed.

Outside the geographic jurisdiction of Local 1163, but in the geographical jurisdiction of the Council, the Employer shall have the right to employ any millwright who is a member in good standing of any Local Union affiliated with the Eastern Millwright Regional Council pursuant to the following conditions: The Employee has worked minimum of three (3) weeks for the Employer in the previous five (5) months. If the Employer fails to notify the Local Union prior to conunencing work on a project in that local's geographical jurisdiction, the Employer shall lose the mobility of manpower privileges for that project and the Employer shall be restricted in the employment of millwrights to those Employees who normally work in the geographical jurisdiction of the local Union where the project is located. No Employee shall be required to work in the geographical jurisdiction outside of the geographical jurisdiction of his home area. Employers shall not retaliate or discriminate against an Employee who refuses to work outside the geographical jurisdiction of his home area. If there is no available work other than work outside the geographical jurisdiction of the Employee's home area, the Employer shall lay-off the Employee so that he is eligible to receive unemployment benefits.

ARTICLE 33 TRAVEL REIMBURSEMENT

Section 1. Millwrights who are sent outside of the geographical jurisdiction of Local 1163 as defined in this Agreement, (by the Employer), but within the geographical jurisdiction of the Council and remain away overnight shall be paid pre-negotiated expenses, including mileage while traveling and for meals and sleeping accommodations. The Employer shall inform the Millwright of the reimbursed expenses to be provided for such job assignment prior to being sent. Such pre-negotiated expenses are not required when work is within the geographical jurisdiction of Local 1163 set forth in Article 2, as defined in this Agreement.

Section 2. When Millwrights are required to move from shop to job and from job to job during working hours, all within the geographical jurisdiction covered by this Agreement, they shall be paid their regular hourly rate and travel expenses at the applicable Federal Rate per mile, unless the Employer furnishes the transportation and returns them to the starting point before the regular scheduled quitting time

30

ARTICLE 34 WORK IN OTHER AREAS

The Employer agrees that if it performs any work covered under any Collective Bargaining Agreement of the Eastern Millwright Regional Councilor The Northeast Regional Council of Carpenters or in any of its regional districts or constituent Local Unions, then, for such work only, on a project by project basis, the Employer, for the duration of the project, will pay the wages, fringes and abide by any other tenns and conditions of employment in the Agreement applicable to the Employees at the construction site location where said work is being performed; said Employer shall have no continuing obligation under any tenns of the collective bargaining Agreement, which shall cease to exist upon the Employer's tennination of work in the area and when all wages and fringes are paid in full.

ARTICLE 35 JURISDICfIONAL DISPUTES

Section 1. The parties hereto mutually agree that if the Employer receives written notification from one (I) or more Unions contesting a work assignment, the Employer shall maintain his/her work assignment until the dispute has been resolved in accordance with the following procedure.

(a) The contesting Unions and the Employer shall attempt to resolve the dispute(s). Ifunable to do so within forty-eight (48) hours, Saturdays, Sundays and Holidays excluded, then;

(b) The parties to this Agreement shall meet for the purpose of resolving the dispute. Ifunable to resolve said dispute within forty-eight (48) hours, Saturdays, Sundays and Holidays excluded then;

( c) The parties to this Agreement will refer said dispute to the International Unions. If they are unable to resolve said dispute within five (5) days, Saturdays, Sundays and Holidays excluded, then;

(d) The parties to this Agreement may seek resolution through the National Labor Relations Board. No legal action may be initiated until steps a, band c above have been exhausted.

Section 2. Neither party shall order or permit any lockout, strike, or other work stoppage or slowdown. Further the Union will not aid, support or permit unauthorized strikes, slowdowns or work stoppages by its members with respect to a jurisdictional dispute.

31

ARTICLE 36 STRIKES AND LOCKOUTS

There shall be no strike or lockout pending any dispute being investigated and all peaceable means taken to bring about a settlement. Any dispute relating to this Agreement shall be handled in accordance with the grievance/arbitration procedure, and the Employer agrees to be bound by those procedures.

ARTICLE 37 MOST FAVORED NATIONS

Should the Union at any time hereafter enter into an agreement with any Employer performing work covered by the terms of this Agreement with terms and conditions more advantageous to such Employer, or should the Union in the case of any Employer which is bound to this form of Agreement countenance a course of conduct by such Employer enabling it to operate under more advantageous terms and conditions than is provided for in this Agreement, the Millwrights Contractors Association shall be notified and any Employer party to this Agreement shall be privileged to adopt such advantageous terms and conditions.

ARTICLE 38 MOST FAVORED NATIONS WAIVER PROCEDURE

For purposes of organizing non-signatory employers, the parties agree to waive ARTICLE 34 "Most Favored Nations" on a one-time basis only for one (1) specific project per Employer, provided the Union supplies the Associations with a copy of said Employer's entire signed Agreement within five (5) working days. A waiver shall only be pennitted for ARTICLE 39 titled "DURATION", and no waiver shall be allowed for any other conditions.

Further, the Union agrees to give the Associations advance notice of (5) full business days (excluding weekends and holidays designated in Alticle 10) of the Union's intention to grant a waiver. Such notice will be sent bye-mail and set out: (1) the Employer's name and address; (2) the site; (3) the general nature of work; and (4) expected duration of the job. The Associations will respond to the Union within the five (5)-day limit noted and provide its input. Thereafter, the Union may unilaterally make its decision as to whether or not to grant the waiver.

ARTICLE 39 DURATION

Section 1. This Agreement shall become effective on June 1, 2018 and shall remain in effect until May 31, 2021 and shall continue thereafter from year to year unless either party notifies the other party in writing not more than ninety (90) days nor less than sixty (60) days prior to May 31 ,2021 or not more than ninety (90) days nor less than sixty (60) days prior to any anniversary date thereafter that either palty desires to modify this Agreement.

The palties, having discussed all terms and conditions relevant to their Agreement, agree there will be no other changes except by mutual consent of the Union and the Associations.

32

IN WITNESS THEREOF, the parties to this Agreement hereby sign and duly execute this Agreement that is effective June I , 2018 - May 31, 2021

EASTERNMILL WRIGHTCOUNCTL

Signedby ~ c! Lfb.b Title: Executive Secretary Treasurer

Millwrights Local 1163

Signedby~ Title: Regional Director

Date

Date ..........;:5~/:_~_a+/..;.~_s __ I t

Signed by __ -L-----l.J-,-~~=---------------aDate ~;3 ~2 7 7

Northeast Mil~ssociation

Signed by 0yC""u. ~ Title: Executive Director

Date

33

APPENDIX "A"

MILLWRIGHT CONTRACTOR ASSOCIATION, INC. MEMBERS

Adirondack Mechanical Services, LLC

All Industrial Inc.

Atlas Industrial Contractors, LTD

BMG Enterprises of Upstate NY, INC

BVR Construction Company, INC

Boulter Industrial Contractors, INC

C&S Technical Resources, INC

Colonial Industrial Contractors Corporation

F.H. Chase, INC

Gould Erectors and Riggers, INC

Hohl Industrial Services, INC

LMC Industrial Contractors, INC

Newport News Ship Building

Rozell East, INC.

S&R King Mechanical Contractors, INC

NORTHEAST MILLWRIGHTS ASSOCIATION, INC

MEMBERS

Turbine Pros, LLC

IPC Lyden, LLC

34

APPENDIX "B"

MILLWIUGHT TOOL LIST

Quantity Item - Made in the USA Cost App year 1 Harper super brute 900 convertible handcart $160 1

1 Kennedy Cantilever tool box # 1022 $200 1

1 Kennedy 6 drawer mechanics toolbox #266 $150 1

1 Est wing ball Pein hammer 24 oz #E3-24BP $30 1

1 25' tape measure $15 1

1 pry bar set SK #6093 $85 1

1 regular/phillips screwdriver set Channellock SD-I0A $70 1

1 standard combination wrench set (1/4 - 1") SK #86013 $200 1

1 standard Allen wrench set (.050-1/2") SK # 19613 $42 1

1 6"_8"_10" adjustable wrench crescent #AC3 $100 1

1 SK 3/8" drive socket & ratchet set std/metric #94547-12 $200 1

1 pair side cutters Channellock #338 $22 1

1 pair slip joint pliers 8" Channellock #528 $11 1

2 vice grips (no known USA mad e)-used $50 1

1 gasket scraper SK # 6651 $15 1

1 utility knife $10 1

1 flashlight- hand held and head lamp $40 1

1 mirror SK #90312 $24 1

1 magnet SK #90343 $25 1

2 personal locks w Lockout/tagout identification $10 1

1 2" putty knife $8 1

Levell $1,467 total

1 Est wing ball Pein hammer 12 oz #E3-12BP $28 2

1 Est wing 31b hammer # B3-3LB $27 2

1 hook & pick set Channellock # HP-4A $12 2

1 metric combination wrench set{8-20mm) SK # 86265 $180 2

1 metric Allen wrench set (1.5-10mm) SK # 19609 $34 2

1 set pin punches, chisels, center punches SK #6020 $160 2

1 set alignment pins SK #6044 $55 2

1 12" 3/8 drive extension SK # 45162 $20 2

1 10" 1/2 drive extension SK # 40162 $22 2

1 SK 1/4" drive socket & ratchet set std/metric #91844-12 $175 2

1 SK 1/2" drive socket & ratchet set std #4116 $180 2

1 6",10",12" set of Channellock pliers # GS3 $50 2

1 sheet metal snips Channellock #610ss $20 2

1 small leaf feeler gauge set Starrett # 66B $70 2

1 torpedo level Starrett # XLTXP10-N $26 2

4 tapered steel wedges Williams #WG-5 $50 2

Level 2 $1,109 total

Quantity Item - Made in the USA Cost App year

35

1 Kennedy 20" professional #K20 $120 3 1 snap ring pliers Channellock #927 & 927T $40 3 1 50' steel tape measure US Tape #58519 $26 3 1 12" hacksaw $20 3 1 chalk line $15 3 1 plumb bob heavy 16 oz Starrett # PBB-16 $40 3 1 plumb bob light 8 oz Starrett # PBB-8 $35 3 1 6" combination square Starrett # C33H-6-4R $105 3 1 12" combination square Starrett # C434-12-4R $270 3 1 6" steel straight edge rule Starrett # C303SR-6 $25 3

1 0-1" outside micrometer Starrett $175 3 Level 3

$871 total 1 small inside caliper (spring type) 4" Starrett # 73A-4 $49 4 1 large inside caliper (spring type) 8" Starrett # 73A-8 $72 4 1 large leaf feeler gauge set Starrett # 467 $97 4

1 small pair dividers (4") Starrett # 83A-4 $65 4

1 large pair dividers (12") Starrett # 83A-12 $91 4 1 6" dial Vernier Starrett # 1202-6 $110 4

1 6" Machinist/shaft level Starrett # 98-6 $105 4 1 12" Machinist/shaft level Starrett # 98-12 $224 4 1 dial indicator anti-magnetic Starrett # 196A6Z 50701 $290 4

1 mag base for indicator Starrett # 657AA $195 4 Level 4

$1,298 total

Total cost for required tool list $4,745

optional handy items files

breaker bars 3/8, 1/2 3/8-1/2 & 1/2-3/8 adaptors SK 4010 Allen sockets dead blow hammer brass drift pins

Buy quality AMERICAN MADE tools!

36

Fund

APPENDIX "e" FUND

INFORMATION

************************************************************************************************** Northeast Carpenters Funds 181 Industrial Park Road Horseheads, New York 14845 (607) 739-1326 - Phone (617) 739-1415 - Fax

37

OPERATING ENGINEERS

BUILDING

UPDATED AGREEMENT NOT YET PUBLISHED

OPERATING ENGINEERS

BUILDING AGREEMENT

BETWEEN


AND

LOCAL NO. 158

OF THE

INTERNATIONAL UNION OF

OPERATING ENGINEERS

JUNE 1, 2015 - FEBRUARY 28, 2019


OPERATING ENGINEERS BUILDING AGREEMENT

BETWEEN

“THE ASSOCIATIONS” Representing

Construction Employers Association of Central New York, Inc. 6563 Ridings Road Syracuse, NY 13206 p: (315) 437-3717 f: (315) 437-8053

Construction Industry Association of Rochester, NY, Inc. 180 Linden Oaks Suite 100 Rochester, NY 14625 p: (585) 586-1580 f: (585) 586-1580

Eastern Contractors Association, Inc. 6 Airline Drive Albany, NY 12205 p: (518) 869-0961 f: (518) 869-2378

and the

International Union of Operating Engineers Local No. 158

District 106 44 Hannay Lane Glenmont, NY 12077 p: (518) 431-0600 f: (518) 431-0726

District 545 5612 Business Ave. Cicero, NY 13039 p: (315) 492-1752 f: (315) 469-7870

District 832 3174 Brighton Henrietta Town Line Rd. P.O. Box 93310 Rochester, NY 14623 p: (585) 272-9890 f: (585) 272-7785

TABLE OF CONTENTS

Article Subject Page

Preamble………………………………………………. 1

Territorial Jurisdiction………………………………… 1

Declaration of Principles……………………………. 2

Articles of Agreement………………………………. 2

I Work Jurisdiction……………………………………… 3

II Employment of Workers and Union Security………. 4

III Association Security………………………………….. 5

IV Hours of Work and overtime………………………… 5

V Prevailing Rates - Hold Harmless Clause………… 6

VI Working Conditions…………………………………. 6

VII Master Mechanic, Assistant Master Mechanic…… 7

VIII Oiler…………………………………………………… 8

IX Apprentice Training…………………………………. 8

X Housing and Rehabilitation………………………… 9

XI Small Commercial and Snow Removal…………… 10

XII Insurance Coverage………………………………… 11

XIII Jurisdictional Disputes……………………………… 11

XIV Subcontracting……………………………………… 12

XV Arbitration……………………………………………. 13

XVI Most Favored nations………………………………. 14

XVII Fringe Benefit Funds……………………………….. 15

XVIII Construction Industry Research and Service Trust Fund………………………………………………….. 18

XIX Collections…………………………………………… 18

XX Separability………………………………………….. 22

XXI Complete Agreement……………………………….. 22

XXII Safety and Drug Testing…………………………… 23

XXIII Non-Discrimination in Employment………………. 23

XXIV Parties to the Agreement………………………….. 25

Appendix 1 ECA Basic Trades Workers' Compensation Program 26

Appendix 2 District 106 (Albany Area)…………………………… 26

Appendix 3 District 545 (Syracuse Area)………………………… 33

Appendix 4 District 832 (Rochester Area)………………………. 42

Agreement Signature Pages………………………. 52

1 Local 158 Building Agreement 2015 - 2019

AGREEMENT “THE ASSOCIATIONS”

AND OPERATING ENGINEERS LOCAL NO. 158

Expiration Date: February 28, 2019

PREAMBLE

Agreement is entered into to prevent strikes and lockouts to facilitate

peaceful adjustment of grievances and disputes between Employer and Employee, to prevent waste, unnecessary and avoidable delays and the result through them to the Employer of costs and expense and to the Employee of loss of wages; to enable the Employer to secure at all times sufficient forces of skilled workers, to provide as far as possible for the continuous employment of labor, to provide that employment as hereunder shall be in accordance with conditions and wages herein agreed upon, and by reason of this Agreement and the purpose and intent thereof, to bring about stable conditions in the Industry, keep costs of work in the Industry as low as possible consistent with fair wages and proper working conditions, as provided for hereunder, and further to establish and set up the necessary procedures for amicable adjustment of all disputes or questions that may arise between the Parties, or any of them, so that the foregoing purposes may be brought about and accomplished.

TERRITORIAL JURISDICTION

The territorial jurisdiction covered by this Agreement includes the following counties: Albany, Allegany, Cayuga, Chemung, Clinton, Columbia, Cortland, northern part of Dutchess (to the northern boundary line of City of Poughkeepsie then due east to Route 115 then north along Route 115 to Bedelt Road then east along Bedelt Road to Van Wagner Road then north along Van Wagner Road to Bower Road then east along Bower Road to Route 44 and along Route 44 east to Route 343 then along Route 343 east to the northern boundary of Town of Dover Plains and east along the northern boundary of Town of Dover Plains to Connecticut), Essex, Franklin, Fulton, eastern part of Genesee (including Batavia), Hamilton, Herkimer, Greene, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Oneida, Onondaga, Ontario, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Tompkins, Warren, Washington, Wayne and Yates.

A separate Agreement with wage and fringe benefit rates apply in

Broome, Chenango, and Tioga counties. For more information, contact Daniel McGraw, Business Manager, Operating Engineers Local No. 158, (518) 431-0600.


DECLARATION OF PRINCIPLES

Both Parties to the Agreement believe that a uniform Agreement

covering building construction and work incidental thereto in the geographical jurisdiction of the Union will further the interest of the Industry, and further believe that such a uniform Agreement contains the following principles:

1. That there should be no limitation to the amount of work an employee shall perform during his work day, it being understood that the worker shall perform a fair and honest day’s work consistent with all productive efforts.

2. That there shall be no restriction of the use of machinery, tools and appliances.

3. That no person shall have the right to interfere with the Employer during working hours.

4. Require all employees to observe the Contractor’s and/or owner’s rules and regulations including, but not limited to, safety, drug testing, cell phone use, smoking, break time, etc.

5. The Union will encourage, advise, and direct the employees to exhaust every effort, ways and means, to perform work of good quality and quantity.

6. The Union will dispatch employees to meet Employer requests for proper OSHA qualifications.


This Agreement, effective March 1, 2015, by and between the Eastern Contractors Association, Inc., Construction Employers Association of CNY, Inc. and Construction Industry Association of Rochester, NY, Inc., hereinafter referred to as the party of the first part, and Local Union No. 158 of the International Union of Operating Engineers, hereinafter referred to as the party of the second part, shall continue in full force and effect for a period of forty-eight (48) months to February 28, 2019.

Should either party to this Agreement give notice of desiring changes on or before January 1, 2019 a meeting will be held within ten (10) days for the purpose of adjustment. In the event that no changes are requested by either party to this Agreement, then it shall continue in full force and effect for another year with the same provision as to the date for making request or changes.

Scope of Agreement: The terms of this Agreement shall apply to all construction operations within the contract limit lines for the construction, erection, repair and demolition of buildings or building-type structures including, but not limited to, site work, school sites, athletic fields, Olympic training facilities, wind generating facilities and the preparation of the job site for that purpose. Also, commercial, industrial, institutional and military building project sites will be included. The job site shall be considered the area


surrounding the job generally accepted as being part of the prime contract, under its control during construction.

This Agreement and working conditions are established and

regulated only by the terms of this Agreement.

ARTICLE I WORK JURISDICTION

Section 1. All hoisting engines, portable engines and boilers on

building and construction work when operated by steam, gasoline, diesel oil, compressed air or electricity, robotics, including pumps, siphons, pulsometers, concrete mixers, stone crushers, elevators and trucks and automobiles, where used for hoisting building materials, air compressors, welding machines, road rollers, clam shell buckets, cableways, power shovels, pile drivers, dinkey locomotives or any other machine irrespective of its motive power, shall be operated by an engineer.

Section 2. Maintenance engineers include repairmen, mechanics,

blacksmiths and welders, who repair and maintain all classes of equipment on job, including repairing vibrators, tampers, etc.

Section 3. Where well point system and well systems are required,

the maintenance, installation, operation and running of such shall be as follows: Over one (1) well point system, an operator will be assigned to second system and will cover both systems.

a. During the regular work day shift Monday through Saturday, an existing engineer on the job shall maintain one (1) system in addition to his regular duties.

b. Monday through Fridays, one (1) shift of eight (8) hours will be required to man the system between the close of any day and start of work the following day.

c. On Saturdays, one (1) employee for one (1) shift of eight (8) hours at time and one-half (1 ½) times the regular rate.

d. On Sundays, one (1) employee for one (1) shift of eight (8) hours at double the regular rate. Single employee during non-productive hours covers two (2) systems. One (1) employee covers one (1) shift during Saturday and Sunday. One (1) employee covers two (2) well-point systems within reason.

Section 4. All work heretofore recognized as being within the

jurisdiction of the Union shall continue to be the jurisdiction of the Union notwithstanding any inconsistent provisions contained in other Agreements executed by the contractor or Employer.

Section 5. It is understood that all machines and equipment now or

heretofore operated by Engineers, even if not specifically listed above shall


continue to be operated by Engineers. It is further understood that new types of equipment or machines used as a substitute for any of the machines set forth above or any refinements of the same shall also be operated by an Engineer. If new equipment is to be used on a project and is not specifically covered below under "Classifications," then a meeting will be held within 72 hours and the rate and manning requirements agreed to.

In the event that equipment listed below under "Classifications" of this Agreement or any other equipment which traditionally has been the work of Operating Engineers is operated by robotic control, the operation of said equipment shall remain the work of the Operating Engineers and the classification covering the operation will be the same as if manually operated.

ARTICLE II EMPLOYMENT OF WORKERS AND UNION SECURITY

Section 1. It is agreed that on the eighth (8

th) day following the

beginning of employment of a workman or the effective date of this agreement whichever is later, membership in the Union shall be a condition of employment. The hiring of new workmen and the discharging of employees upon the request of the Union shall be in accord with the Labor Management Relations act of 1947, as amended. In hiring new employees, the Employer shall give the Local Union equal opportunity with all other sources to refer suitable applicants.

Section 2. If an engineer regularly employed fails to show up for work morning or afternoon, without giving notice, the Employer may then employ anyone to act as engineer until the engineer is furnished.

Section 3. Engineers and oilers shall not quit their jobs without giving

forty-eight (48) hours notice to the Employer and the Business Representative.

Section 4. It is further agreed that an employee who is not an

engineer shall not touch engines at any time unless an engineer is unavailable.

Section 4. The Job Steward, appointed by the Union, shall be the last

man on the job and shall not be removed for any reason without the consent of the Union.

Section 5. The party of the second part agrees to give the party of the

first part preference in supplying engineers and oilers when there is an excessive demand for their services.

Section 6. The Union shall be allowed to visit the jobsites of the

Employer. Employers will assist in obtaining clearance into plant facilities for access to the jobsite for the Union, if possible.


Section 7. The Union agrees to obtain insurance certificate(s) and indemnification if required by the owner for the project prior to conducting site visits.

ARTICLE III ASSOCIATIONS SECURITY

Section 1. Each Association shall be the bargaining unit for all

Employers in its geographic region bound by the Agreement. Section 2. No modification, variation, or waiver of any term or

provision herein shall be valid unless agreed upon in writing by both the affected Associations and the Union.

Section 3. The affected Associations shall be a party to any and all

local negotiations regarding Project Labor Agreements when the Union is involved, provided the Owner agrees.

Section 4. The Associations shall furnish lists of all existing and

newly designated operating engineer contractors to the Union.

ARTICLE IV HOURS OF WORK AND OVERTIME

Section 1. Normal work day shall consist of eight (8) hours with one-

half (½) hour for lunch. The starting time shall be set by the Contractor except that starting time shall not be changed from day to day. The work day must start no sooner than 6 a.m. nor later than 8 a.m

a. All hours worked in excess of 8 hours in one day shall be paid at 1.5x their applicable rate of pay.

b. All hours worked in excess of eight (8) hours in a 24 hour period shall be paid at applicable OT rate (unless a 4-10s schedule is being worked)

c. All hours worked prior to the designated start time shall be paid at 1.5x or the applicable OT rate.

d. All hours worked on a Saturday shall be paid at 1.5x the applicable hourly rate of pay.

e. All hours worked on a Sunday and shall be paid at 2x the applicable hourly rate of pay.

f. All hours worked on designated holidays shall be paid at 2x the hourly rate of pay plus 8 hours of straight time.

g. All time worked during the designated lunch period, shall be paid at the applicable OT rate.

Section 2. On operations requiring two (2) shifts, the first shift shall

work eight (8) hours and receive eight (8) hours pay, and the second shift


shall work seven and one-half (7½) hours and receive eight (8) hours pay. It is understood that there is no guarantee, that on a given day, one shift might not vary due to weather, equipment breakdown or changes in operation schedules.

a. On three (3) shift operations, the first, or day shift, shall be of eight (8) hours duration, the second shift shall be of seven and one-half (7½) hours duration, and the third shift shall be of seven (7) hours duration. Each shift shall receive eight (8) hours pay.

b. On three (3) shift operations, the third shift shall be considered as falling on the same day of the week as the first and second shift.

Section 3. a. On multiple shift work, the work week shall start not earlier than 5

a.m. The Contractor shall set the starting time. b. Special cases of starting time may be set by mutual consent. c. All time worked before designated start time shall be paid at

applicable OT rate. Section 4. Engineers are to start hoisting fifteen (15) minutes before

the regular starting time if, in the judgment of the Employer, it is necessary to hoist material in order that masons may start at the regular working hour; it being understood, however, that no engineer will be required to work more than the regular work day as in Section 1.

ARTICLE V

PREVAILING RATES-HOLD HARMLESS CLAUSE In the event that the prevailing posted rates and conditions set forth in specifications for governmental or related projects which are subject to prevailing rate statutes are less than the rates and conditions set forth in the Agreement, then the prevailing rates and conditions in the project specifications shall control and rates and conditions in the Agreement shall be superseded.

ARTICLE VI WORKING CONDITIONS

Section 1. There shall be unlimited changes of machines on all jobs.

In the event of a change lasting more than 2 hours, the operator shall receive the rate of the higher machine for the entire day.

Section 2. Where engineers and mechanics are required to have

tools on the job, said tools shall be insured against loss by fire, by the Employer, who shall also provide a suitable place for storing said tools.


Section 3. It is agreed that all machines shall be provided with suitable cover from danger and weather.

Section 4. Piledriver crew to be two (2) operators at Class A (Districts

545), Appropriate Crane + Class A (District 832) or Class A1 (District 106) rate who shall cover any combination of equipment related to piledriving operations. By mutual agreement between Union and the Employer one (1) operator would be required.

Section 5. For an Engineer or Oiler reporting to work who is required

to move to another location with his machine and completes his day’s work at the new location, the Engineer or Oiler will be given an opportunity and means of obtaining his car if it was left at the original location where he reported for work. It is understood that during the time the employee is afforded to obtain his car, the machine will continue in production. In the event the employee has not been given the opportunity to get his car or have his car brought to him, or the Employer does not provide transportation back to the original point by 4:30 p.m., the Engineer or Oiler will be entitled to the wages as prescribed herein until such time as he is returned to the original report location.

Section 6. The Employer shall obtain and keep in force public liability

insurance for property damage and bodily injury in sufficient amounts as to provide protection or coverage for third party actions arising out of accidents occurring within the scope of the employment of his employees. Upon receipt of a summons and/or complaint involving a third party action arising out of an accident which occurred within the scope of an employee’s employment, the Employer shall provide the employee with a defense to such litigation and pay the cost thereof.

Section 7. The Employer agrees that as soon as a contract for a job

has been awarded or within a reasonable time thereafter, but prior to the starting of any job, he will notify the Union of such job award, make arrangements and hold a pre-job conference with the Union. This clause shall apply to every job or project undertaken by the Employer.

Section 8. Free movement of all Local No. 158 Engineers from

existing projects to existing projects within the entire geographical area of Local No. 158. Once a pre-job conference has been called for, a new project will be considered an existing project.

ARTICLE VII

MASTER MECHANIC/CRAFT FOREMAN, ASSISTANT MASTER MECHANIC

Master Mechanic/Craft Foreman will be employed per job per

Employer when there are seven (7) engineers (excluding Oilers) employed. However, at the discretion of the Employer the Master Mechanic/Craft


Foreman will have complete mobility among jobs. Master Mechanic/Craft Foreman will operate equipment at the discretion of the Employer until such time as the 9

th engineer is employed. At such time Master Mechanic/Craft

Foreman will assume Master Mechanic/Craft Foreman duties only. The Master Mechanic/Craft Foreman shall be paid at least two dollars ($2.00) per hour above the Class A rate. If and when fifteen (15) engineers are employed by a single contractor on a project, an Assistant Master Mechanic shall be employed. He shall be paid at least one dollar ($1.00) per hour above the Class A rate.

ARTICLE VIII

OILER

Oilers shall be productive. When requested, oiler shall possess legitimate required qualifications such as signaling and rigging certifications, CDL, OSHA 10 Hour certification. See area appendices for manning requirements. By mutual agreement, the oiler requirements may be waived.

ARTICLE IX APPRENTICE TRAINING

Section 1. It is the mutual intention of the parties that the Fund

referred to in Article XVII of the current Collective Bargaining Agreement includes, encompasses and provides for the conduct of an Apprentice Training Program. This program will be administered in accordance with all applicable Federal and State laws, rules and regulations.

Section 2. The number of apprentices per project shall be determined

at the pre-job meeting. Only one (1) first year apprentice per project. Section 3. Schedules of wages for apprentices can be found in the

appropriate area appendices. Section 4. All apprentices shall be drug and alcohol tested prior to

being accepted into the apprenticeship program. Section 5. The Union and the Employer agree that it is important to

provide opportunities for training of future Operating Engineers. Employers are encouraged to utilize apprentices in all aspects of the trade.


ARTICLE X HOUSING AND REHABILITATION

Section 1. Work Covered by this Article a. This Article shall apply to all rehabilitation work on residential

structures. For the purpose of this Article, ‘rehabilitation" shall be defined to include all work, including demolition, repair and alteration on any existing structure which is intended for residential use.

b. On new housing this Article shall be applicable only to site construction of all new work done by the Employer on one family, two family, row housing and garden type homes or apartments which are not more than four (4) stories above ground level and are used as dwellings.

c. Any work which is not specifically set forth in Section 1, A and B, above shall not be covered by this Article, but, instead, shall be covered by and performed pursuant to the standard collective bargaining agreement between the Employer Association and Union.

Section 2. Hours of Work a. The regular work week of the employees shall be between 7:00

a.m. Monday through Friday, to 5:00 p.m., consisting of a five-day week. The starting time schedule shall be declared at the beginning of the job. The regular working hours each day from Monday through Friday shall be eight (8) hours between the hours of 7:00 a.m. and 5:00 p.m. with one-half (½) hour off for lunch between the hours of 11:00 a.m. and 1:00 p.m. By mutual consent of Employer and Union, an employee may work on the Saturday following the Friday of the work week. Work performed on a Saturday, shall be paid at straight time provided that less than 40 hours work was performed during the week, because of time lost due to inclement weather. No employee is obliged to work make-up time and is not subject to discharge for refusing same. All employees on a particular building crew shall have the opportunity for make-up time. Make-up time applies to work lost due to inclement weather only. (Shall be at the hourly rate.)

b. Work earlier than 7:00 a.m.: If an earlier starting time is desired, it shall be at the discretion of the Employer and the Union.

c. Any overtime work performed, outside of the regular work day or work week as specified in this Article, shall be performed by employees covered under this Article. First preference for overtime work shall be given to employees on the specific project.

Section 3. Overtime and Holidays a. All work performed in excess of eight (8) hours per day between

the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday; all work performed before 7:00 a.m. and after 5:00 p.m., Monday


through Friday; all work performed from 5:00 p.m. Friday to 7:00 a.m. Monday; and all work performed on New Year’s Day, Independence Day, Memorial Day, Thanksgiving Day and Christmas Day shall be paid for at one and one-half (1½) times the Employee’s hourly rate of pay.

b. No work on Labor Day: No work shall be performed on Labor Day except to save life or

property, and then shall be paid at the double time rate. Section 4 Hourly Wage Rate The minimum straight hourly wage rate of all employees performing

work on Housing and Rehabilitation shall be the “C” rate in District 106 & 545 (Albany and Syracuse) and the “Class 3” rate in District 832 (Rochester) with total fringe benefits of 25% less than the standard collective bargaining agreement between the Employer Association and Union.

ARTICLE XI

SMALL COMMERCIAL AND SNOW REMOVAL

Small Commercial: On all commercial projects valued at $6,000,000 or less and/or industrial projects valued at $6,000,000 or less, the minimum straight hourly wage rate of all employees shall be the “C” rate in District 106 & 545 (Albany and Syracuse) and the “C” E+P rate in District 832 (Rochester) with total fringe benefits of 25% less (fringe benefit schedule provided by the Union) than the commercial rate.

The Employer is to notify the area business agent office when this

work will occur. Such projects shall be single contract, or in the alternative, contracts for general construction. This wage scale shall apply to the general contractor and his subcontractors signatory to this agreement whose contracts jointly do not exceed the $6,000,000 and/or $6,000,000 limitation. In the event a multiple-contract system is used by the owner client, those subcontractors not signators to this agreement, whose contracts may or may not be assigned to the general contractor, shall be excluded in determining the $6,000,000 and/or $6,000,000 limitation. The signed contract with the owner-client shall determine the dollar amount under this clause. Phased construction exceeding $6,000,000 and/or $6,000,000 total to be performed in sequence without each phase being subject to call for bids shall not be considered within the confines of this agreement. Construction management or time and material contracts must contain an upset price within the $6,000,000 and/or $6,000,000 limitation. However, if Bricklayers and Allied Craftsmen, Carpenters, Laborers, and Teamsters do not work at this rate or its equivalent on a project, the Operating Engineers rate shall be the commercial rate for that project.

Commercial projects valued at over $6,000,000 – the Small Commercial rate will be applied by mutual agreement on a job-by-job basis.


Industrial projects valued at over $6,000,000 – the Small Commercial rate will be applied by mutual agreement on a job-by-job basis.

The above article does not apply to any work in shopping centers. This article is subject to review after one (1) year.

There are special conditions regarding the employment of union tradesmen and use of union subcontractors relating to the above. Please call the appropriate area Association for information concerning these conditions.

Snow Removal - Snow Plowing: The snow removal rate on existing

roads and parking facilities other than construction sites shall be the Class B rate and no fringe benefits. An eight (8) hour shift may be worked during any twenty-four (24) hour period (Saturday and Sunday included). Any time worked in excess of eight (8) hours will be at the appropriate overtime rate.

ARTICLE XII INSURANCE COVERAGE

The Employer shall protect employees with Workers’ Compensation

and Disability Insurance, Social Security and Unemployment Insurance, the Employer shall protect employees by promptly complying with any and all laws, ordinances, order, rules and regulations of any and all municipal, county, state and federal authorities, boards, commissions, and agencies relating to either the employment or protection of employees or both.

ARTICLE XIII JURISDICTIONAL DISPUTES

Section 1. The Employer agrees to recognize the jurisdictional claims

of the Union that have been established by International Agreements with other crafts, awards made by the AFL-CIO or the Building and Construction Trades Department, awards contained in the "Green Book" or as a result of decisions by the National Joint Board for the Settlement of Jurisdictional Disputes.

Section 2. In recognition of these jurisdictional claims, it is understood

that the initial assignment of work, the settlement of jurisdictional disputes with other Building Trades organizations, shall be strictly in accordance with the procedure established by the Impartial Jurisdictional Disputes Board or any successor agency of the Building and Construction Trades Department.

Section 3. When a dispute arises, it shall be submitted to the Impartial

Jurisdictional Disputes Board for settlement with the plan adopted by the Building and Construction Trades Department of the AFL-CIO. The parties hereto further agree that they will be bound by the award or decision of the Board and will immediately place same into effect and assign the work in accordance with the Board’s award or decision.


Section 4. There shall be no work stoppage because of jurisdictional

disputes. Section 5. The Union agrees to hold the Employer free and harmless

from any cost incurred or resulting from any adjudication resulting from any claim that the Employer assigned work in violation of, or contrary to, the requirements imposed upon him by the provisions of this contract dealing with work jurisdiction.

ARTICLE XIV SUBCONTRACTING

Section 1. The signatory Employer subletting any portion of a job or

work on a job site, must, as a condition preceding such subletting, direct the Subcontractor employing Operating Engineers to meet with the representatives of the Union for the purpose of complying with the provisions of this Agreement for such work.

Section 2. The signatory Employer agrees that when subcontracting

work covered by this Agreement, which is to be performed within the geographical area covered by this Agreement, and at the site of construction, alteration, painting or repair of a building, structure, road or other work, he will subcontract such work only to a signatory Employer or person who is a party to or signatory to this Agreement. However, the signatory Employer shall not require the Subcontractor to change jurisdictional assignments or historic practices of his trade or company in this geographical area. Equally, this Section 2. shall not apply where the Subcontractor(s) is or are assigned to the signatory Employer, and in those instances where the signatory Employer has no control over the selection of the Subcontractor(s), or where the signatory Employer has no privity of contract with the Subcontractor(s), or where the company’s employees are represented by another Union who is affiliated with the AFL-CIO or Teamsters Local No. 294 in this geographical jurisdiction. It being understood and agreed that it is the responsibility of the Union party to this agreement to obtain the signature of the Subcontractor(s) to the applicable collective bargaining agreement or to otherwise organize the employees of the Subcontractor(s).

Section 3. If it is found that such Subcontractor is not complying with

paragraph 2 above, in providing the wages, hours, fringe benefits and working conditions of this Agreement, the Union shall give the signatory Employer forty (40) hours’ notice in writing that the Subcontractor is in noncompliance.

Section 4. Upon such notification, the signatory Employer shall be

responsible for payment to such Subcontractor’s employees for wages, fringe benefits, and for providing conditions of this Agreement. It being understood


and agreed that this is the sole remedy available, and that no punitive damages shall be demanded.

Section 5. Responsibility of the signatory Employer for loss of wages,

fringe benefits, and for providing conditions shall be limited to the amount of monies due to such Subcontractor by the signatory Employer as of the date of the written notice.

a. The Unions, the association, and the signatory Employer agree that this subcontracting clause can only be enforced by the Union through the grievance and arbitration provisions of this contract and, if necessary, appropriate court action to enforce a grievance or arbitration award. It is specifically agreed by the Union that it will not take any economic action to enforce said clause or any grievance awards, arbitration awards, or court orders or judgments, pertaining to this subcontracting clause or violations of it by the signatory Employer.

Section 6. Any provisions in this Agreement which are in

contravention of any Federal or State laws affecting all or part of the terms of this Agreement shall be suspended in operation within the limits required by said laws. Such suspension shall not affect the operation of any such provisions or parts thereof to which the laws are not applicable. In the event any section, or portion thereof shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) days to negotiate a new section, or portion thereof, which shall be valid and which shall replace that section, or portion thereof, declared invalid.

Section 7. Employer may subcontract to non-signatory specialty

contractors including, but not limited to, by mutual agreement, the following examples: clearing, boring, vibroflotation, well drilling, seeding and planting.

ARTICLE XV ARBITRATION

Section 1. In the event of any dispute, disagreement, or grievance,

said dispute, disagreement or grievance shall be adjusted as follows (disputes, differences, or grievances arising out of assignment of work under this Agreement and involving unions not stipulated to the National Joint Board for the Settlement of Jurisdictional Disputes shall be subject to arbitration):

a. Between the Business Agent or authorized representative of the Union and the Employer or an authorized representative.

b. If the dispute is not settled as provided for above, it is agreed that a Joint Board of Arbitration composed of equal numbers shall be established within three (3) working days, one half (½) of whom shall be appointed by the Union and one-half (½) of whom shall be appointed by the Association, and a decision rendered within five (5) working days.


c. In the event the Board fails to arrive at a, solution, one additional member shall be chosen by the members of the above Board within three days and the dispute shall be decided by this additional member whose decision shall be final and binding. This additional member shall be selected from lists supplied by the New York Sate Employment Relations Board. It is agreed that pending the decision upon any dispute or grievance, work shall be continued and there shall be no strikes or lockouts, work stoppages, or slowdowns. The refusal of the Employer to proceed under this Article shall not abridge the right of the Union to strike. The expenses and fee, if any of the arbitrator shall be borne by the Construction Industry Advancement Program.

Section 2. Violations concerning wages, hours, or fringe benefit

contributions shall not be subject to the arbitration provisions of this Article. The Health Fund, Pension Fund, S.U.B. Fund, Training Fund, and Central Pension Fund, and all other Funds identified in this Agreement are not bound by the grievance and arbitration procedure of this Agreement: they may proceed with any and all avenues and remedies they deem appropriate to collect a delinquency or enforce an Employer's obligations.

Section 3. Any decision by the Joint Board as provided for in Article

XV, Section 1-B, for which no penalty is provided shall be subject to review by an arbitrator as provided for in Article XV, Section 1-C.

ARTICLE XVI MOST FAVORED NATIONS

Section 1. Should the Union at any time hereafter enter in an

agreement with any Employer performing work covered by the terms of this Agreement with terms and conditions more advantageous to such Employer, or should the Union in the case of any Employer which is bound to this form of Agreement countenance a course of conduct by such Employer enabling it to operate under more advantageous terms and conditions than is provided for in this Agreement, the Employers, party to this Agreement, shall be privileged to adopt such advantageous terms and conditions, provided the Employer, through the Association, has sent written notice to the Union calling the matter to its attention.

Section 2. This clause shall not apply to isolated or emergency

situations which may occur from time to time under regular job conditions.


ARTICLE XVII FRINGE BENEFIT FUNDS

The Trustees of the Upstate New York Engineers Pension Fund

adopted a Rehabilitation Plan on June 7, 2010. Thereafter, the Trustees of the Upstate New York Engineers Pension Fund provided to the parties the schedules adopted as part of the Rehabilitation Plan. The parties have negotiated and have adopted the schedule designated in the Rehabilitation Plan as the Preferred Schedule. That schedule is incorporated by reference into this collective bargaining agreement. Pursuant to such schedule, the parties, in addition to agreeing to the revised benefit structures set forth therein, also agree to contributions to the Upstate New York Engineers Pension Fund as provided for in this agreement, which amounts are no less than those referenced in the Preferred Schedule.

Any and all additional pension fund allocations are included as part of

the negotiated increases as per the appropriate appendices.

A delinquency list shall be circulated on a monthly basis to the parties of this agreement.

Section 1. The Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers Training Fund, Local 106 Training and Apprenticeship Fund and the Central Pension Fund and the Administration and Safety Programs (jointly referred to as “Funds”) shall be administered pursuant to provisions of Agreements and Declarations of Trust of the respective Funds, the Collection Policy, the Mistaken Contribution Policy, and the Withdrawal Liability Policy (jointly referred to as “Policies”) established by the various Funds’ Trustees, and shall be in compliance with the requirements of State and Federal laws governing and regulating such trusts. Such Agreements and Declarations of Trust and Policies, together with any amendments to the Trusts or Policies, are hereby incorporated herein by reference as if fully set forth herein.

The parties to this Collective Bargaining Agreement hereby agree that the signing of this Agreement shall constitute an obligation to be bound by the terms and conditions of said Agreements and Declarations of Trust of the Funds, the Collection Policy, the Withdrawal Policy, and the Mistaken Contribution Policy, as if said Agreements and Declarations of Trust of the Funds and Policies were fully set forth herein and made a part thereof.

Section 2. It is agreed that each Employer shall contribute the amount

shown in the appropriate appendices per hour for each hour worked by Employees covered by this Agreement. See District 106 appendix for additional provisions requiring fringe benefit payments. Such contributions are to be paid to the Funds established pursuant to this and other agreements negotiated between Employers and local unions of the International Union of Operating Engineers.


Section 3. Employer irrevocably designates as his representatives among the trustees of said fund such trustees as are named in said Agreement and Declaration of Trust as Employer trustees, together with their successors, selected in the manner provided in said Agreement and Declaration of Trust as that document may be amended from time to time.

Section 4. For all intents and purposes of this Article, the Union, the

Funds and any affiliated funds shall be considered a participating and contributing Employer, so that it may contribute to the Fund for its salaried Employees, so that the Employees may enjoy the benefits of this fund and be covered thereunder.

Section 5. Title to all the monies paid into and/or due and owing to

the Health Fund, Pension Fund, Training Fund, and Central Pension Fund, and all other Funds identified in this Agreement shall be vested in and remain exclusively in the Trustees of those Funds; unpaid, outstanding and withheld contributions constitute plan assets.

Section 1. Each Employer shall pay to the Administration and Safety Program in the appropriate area the amount shown with the fringe benefit payments described above.

ADMINISTRATION AND SAFETY PROGRAM

Section 2. The Associations each agree to establish individual

Administration and Safety Programs for the purpose of meeting all costs to the Associations of conducting labor relations, and all matters and problems incidental thereto, on an industry-wide basis in their individual areas for the benefit of all employees and employers performing work in said area. The activities to be financed by the funds of the Administration and Safety Programs may include any legitimate activity not specifically prohibited below. The various Boards of Directors of the Associations in accordance with their By-Laws, shall administer the funds of the Administration and Safety Programs.

Section 3. Anything contained herein to the contrary notwithstanding,

there is specifically excluded from the purposes of the Administration and Safety Programs the right to use any of its funds for lobbying in support of anti-labor legislation and/or to subsidize employers during periods of work stoppage or strike.

Section 4. Upon termination of payments allocable to the

Administration and Safety Programs by reason of the expiration of the Agreement, or because of the absence of a contractual obligation upon the Employer to make payments so allocable, or for any other reason, the assets and fund of the Administration and Safety Programs shall not be distributed among any Employers, or to the Union, but shall be held by the individual Associations, which shall continue to administer and expend such assets and fund for the purposes, and subject to the conditions set forth in this Section 3.


Section 5. An Employer in violation of this clause and delinquent in

remitting monies to the Administration and Safety Program is liable for interest and liquidated damages of the unpaid and untimely paid monies, attorneys' fees and costs, and other costs and expenses incurred and arising in the collection of the delinquency at the rate set by the Joint Benefit Fund Collections Policy.

See individual appendices for amounts.

Section 1. Employers bound by this Agreement agree to deduct the appropriate amount (as specified in Article V, Wages) for all Employees covered by this Agreement who have submitted a signed Employee Assessment Deduction Authorization as hereinafter set forth (not including initiation fees, fines or special assessments), while said Employee Assessment Deduction Authorization is in effect and has not been duly revoked.

DUES ASSESSMENT

Section 2. The Local Union will provide the Employee Assessment

Deduction Authorization forms.

Section 3. The Union will secure the employee’s signature to said form and deliver same, duly witnessed, to the Association. The Union shall be fully responsible for the validity of the authorization and agrees to reimburse the Employers for any deduction for Employees Assessment made and paid over to the Union which may later be held to have not been authorized by the employee or which may constitute illegal deductions and the Union agrees to indemnify and hold harmless the Associations and the Employer against any loss or claims for damages resulting from the deduction aforesaid and against any award, judgment, loss or expense arising out of any claim made against the Association and/or the Employer because of such deduction. No deduction shall be made for Employee Assessment for any such employee unless the employee or Union has deposited with the Association his copy of an executed Employee Assessment Deduction Authorization form. Neither the Association nor the Employer assumes any obligation with respect to the obtaining of Employee Assessment Deduction Authorization cards, it being understood that this is a duty and obligation of the Union.

Section 4. With respect to any such employee for whom an Employee

Assessment Authorization card has not been furnished, the gross basic wage rate appearing herebefore shall be paid to the man with no deduction. Employee assessment shall be first deducted in the first full payroll period following the furnishing of authorization cards. It is understood and agreed that the Association shall not be responsible legally or otherwise, for any delinquents, defaults, or violations of this Article on the part of its members.


Section 5. Deductions shall be reported on the combined reporting form, and paid to the Upstate New York Engineers Benefit Funds as part of the single check system. That office will then forward the money to the Local Union on a regular basis.

Section 6. An Employer in violation of this clause and delinquent in

remitting monies to the Dues Assessment Program is liable for interest and liquidated damages of the unpaid and untimely paid monies, attorneys' fees and costs, and other costs and expenses incurred and arising in the collection of the delinquency at the rate set by the Joint Benefit Fund Collections Policy.

ARTICLE XVIII CONSTRUCTION INDUSTRY RESEARCH AND SERVICE TRUST FUND

Effective 7/1/2015 the Employer shall contribute $.05 per hour for

each hour worked for which employees receive wages under the terms of this agreement into the Upstate New York IUOE Construction Industry Research and Service Trust ("CIRST"). It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and Declaration of Trust of the CIRST, and all amendments heretofore and hereafter thereto, as though the same were fully incorporated herein. The Employer agrees to fully incorporate, as if written herein, the articles under Trust Funds found elsewhere within this agreement.

ARTICLE XIX

COLLECTIONS

The Union may withdraw its members from Employers who are delinquent in remitting payments to the various Funds set forth in this Agreement or may strike or engage in a boycott with respect to any such delinquent Employer, and shall have the right to take immediately whatever economic action it may deem appropriate. Such rights are also extended to the Union if the Employer fails to comply with the applicable rules, regulations and policies. The Union may take the foregoing actions upon seventy-two (72) hours written notice being served by the Union or its agent upon the Employer with a copy to the Association. In the event that employees are removed or withdrawn from an Employer’s job site or that work is discontinued in any manner under the provisions of this Article, the delinquent Employer agrees to pay each of said bargaining unit employees their regular rates of pay plus interest at the State statutory rate, all benefits, including, but not limited to, health benefits and/or contributions for all time lost by the employees from work as a result of the right herein granted to the Union and the action herein taken by the Union for the purposes of recovering delinquent contributions and remittances due the Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Central Pension Fund, Upstate New York Engineers Training Fund, Local 106 Training and


Apprenticeship Fund, Defense Benefit Fund (jointly referred to as the “Funds”) and Dues Assessment to the Union.

Set forth below is the Upstate New York Engineers Health Fund.

Upstate New York Engineers Pension Fund. Central Pension Fund. Local 106 Training and Apprenticeship Fund. Administration and Safety Programs. Upstate New York Engineers Training Fund Collections Policy (as of September 17, 2003) and Policy for Monitoring/Auditing Contributing Employers (as of July 31, 2008). The terms and conditions of such Policies are subject to change by the Board of Trustees of such Funds in their sole and absolute discretion.

Section 1. Payment of Contributions; Late Payments. FUNDS’ COLLECTIONS POLICY (as of Sept. 17, 2003)

(a) All remittance reports and all contribution payments to the Funds must be received on or before the fifteenth (15th) day of the month following the month during which the hours, for which contributions are required, are worked by the employees.

(b) If no report or payment has been received by the Funds on or

before the deadline set forth in Section l(a), the Funds will pursue whatever avenues they deem appropriate to collect the delinquencies, including, but not limited to, notifying such Employer that his contributions are late.

(c) If no payment has been received by the Funds on or before the

thirtieth (30th) day of the month following the month during which hours are worked and for which contributions are required, the Employer will be assessed interest on the amount of delinquent contributions at the rate of two percent (2%) month, calculated from the date the contributions were due as described in Section l(a), plus liquidated damages equal to twenty percent (20%) of the delinquent fringe benefit contributions, plus any auditing fees, attorneys' and paralegal fees, and all costs.

(d) If no payment has been received by the Funds by the thirtieth

(30th) day of the month as set forth above, the Employer's delinquent account may be referred to Funds' Counsel and collection proceedings may be commenced by Funds' Counsel seeking the delinquent contributions plus the interest, liquidated damages, audit fees, attorneys' and paralegal fees and costs.

(e) If Fund Counsel performs services, which may include, but are not

limited to, the commencement of legal or agency proceedings against the Employer, to recover the amounts owed- to the Funds pursuant to this section, the Employer is obligated to reimburse the Funds for all attorneys' fees and paralegals' fees, auditing fees, and all costs incurred by the Funds in attempting to collect the Funds' monies.


(f) In the event the Funds do not commence a lawsuit or other proceedings to collect delinquent fringe benefit contributions, in the event a lawsuit or other proceedings is settled prior to a judgment or resolution being obtained by the Funds, or in the event the delinquent contributions are paid either prior to commencement of the lawsuit or proceedings or prior to judgment or other resolution, the Funds are still entitled to collect, and the delinquent Employer is still obligated to pay, the interest, liquidated damages, costs, attorneys' and paralegal fees set forth in this Policy.

Section 3. Audit of Payroll and Related Records. (a) Article IV of the Funds' Trust Agreements concerning “Production

of Records" is incorporated herein. The Trustees may at any time examine and copy such books, records, papers, or reports of the Employer as they deem necessary to permit them to determine whether the Employer is making full and proper reports and payments to the Funds. Such examination will occur whenever such examination is deemed necessary or advisable by the Trustees and, except as indicated below, .at no charge to the Employer. If the Trustees determine, in their sole discretion, that the Employer failed to cooperate with the Funds and/or the. Funds' Auditor, that the Employer failed to report to the Funds the identity of all employees performing bargaining unit work, that the Employer underreported to the Funds the number of hours worked by employees, and/or that the Employer's conduct required Funds' Counsel to perform services, then the Employer will reimburse the Funds for all auditing charges for examining the Employer's books.

(b) If it is necessary for the Funds' Counsel to perform services,

including the commencement of a lawsuit or other proceedings, to obtain the audit and to compel the Employer's production of its records, the Employer will be liable for all auditing fees, attorneys' and paralegal fees, court costs, disbursements and expenses incurred by the Funds in enforcing the Funds' right to audit and/or examine the Employer's books, regardless of whether the Employer is delinquent in payment of contributions or in violation of any of its other obligations under the rules, regulations and/or Trust Agreements of the Funds.

Section 4. Effect of This Collections Policy. This Collections Policy constitutes a rule of the Funds. To the extent

this Collections Policy conflicts with the terms and provisions of the Funds' Trust Agreements or the Collective Bargaining Agreement, the terms and provisions of this Collections Policy will govern. Failure by the Trustees to adhere to any provision provided herein shall not abrogate, alter or amend any other provision, duty or requirement of this Policy and shall not constitute a waiver by the Trustees and shall not relieve the contributing Employer of any obligation under ERISA.

FUNDS’ POLICY FOR MONITORING/AUDITGING CONTRIBUTING EMPLOYERS (as of July 31, 2008)


Section 1. Monitoring of Contributing Employer's Remittance Reports and Contributions.

(a) Section 3 of the Funds' Collections Policy is incorporated herein by reference as if set forth at length herein.

(b) The Funds will audit contributing Employers every five (5) years,

which five (5) year cyclical audit shall include a review of the Employer's books and records through the date of the Auditor's audit and shall report any underreporting from the date of the last audit through the date of the Auditor's current audit. Such audit will be conducted by such person, Auditor and/or Accountant [collectively referred to as "Auditor"] as may be selected by the Funds, in their sole discretion, to conduct the audit.

(c) In addition to or in lieu of the routine cyclical audit, to monitor

Employers to verify that their remittances are accurate, that they have reported on all employees performing bargaining unit work, and that they have remitted all monies due and owing to the Funds, the Funds will, when appropriate given the circumstances, engage in the following activities:

1. Audit, more often, those Employers who often exhibit deficiencies and/or delinquencies;

2. Obtain pay stubs, payroll information and hours worked

information from all employees of an Employer to determine whether that Employer accurately reported hours worked by the employees;

3. Obtain payroll information and hours worked information,

together with steward reports, if any, from the Unions; 4. Audit, if necessary, Employers submitted to Fund

Counsel for collection proceedings and legal action;

5. Obtain the certified payroll records filed by the Employer in connection with work performed on public projects to ensure that hours were accurately reported and paid to the Funds. (d) In addition to the foregoing avenues for monitoring Employers, the

Funds will monitor the reports and remittances of Employers through the following means:

1. Employees who contact the Fund Office to advise it that their monthly health reimbursement account statements are inaccurate, do not correctly reflect the number of hours worked by them for the Employer, and do not contain the correct amount of contributions;

2. Unions which contact the Fund Office to advise it that the

Employer is working in certain areas, and/or not reporting the hours worked by all of its employees.


(e) The Funds may, as requested by the Funds' Administrator, the Boards of Trustees of the Funds, the Consultants, Counsel and/or representatives of the Funds, conduct "special" audits outside the random yearly audits. Such "special" audits shall include, but are not limited to, audits required in the course of or in preparation for litigation, audits conducted on a construction project basis, or audits required to conduct a financial analysis of the Employer's business. The "financial analysis" audit will be conducted for the purposes of determining the viability of the Employer's business and whether it is prudent for the Funds to settle a delinquency on terms proposed by an Employer and/or to continue with efforts to collect a delinquency from the Employer. The "financial analysis" audit shall be conducted with the Employer's consent and upon such terms and conditions as are mutually agreeable to the Funds and the Employer.

Section 2. Effect of This Monitoring Policy. This Monitoring Policy constitutes a rule of the Funds. To the extent

this Monitoring Policy conflicts with the terms and provisions of the Funds' Trust Agreements or the Collective Bargaining Agreement, the terms and provisions of this Monitoring Policy will govern. Nothing in this Monitoring Policy shall be construed as diminishing, altering, amending or abrogating the Funds' rights and remedies under the Employee Retirement Income Security Act of 1974 ["ERISA"], the Labor Management Relations Act of 1947 ["LMRA"], the Federal Rules of Civil Procedure, and/or the New York Civil Practice Law and Rules. Failure by the Trustees to adhere to any provision provided herein shall not diminish, abrogate, alter or amend any other provision, duty or requirement of this Policy and shall not constitute a waiver by the Trustees and shall not relieve the contributing Employer of any obligation under ERISA, LMRA, the collective bargaining agreement, or the Funds' Trust Agreements or Collections Policy.

ARTICLE XX

SEPARABILITY

In the event that any provision of this Agreement shall be declared by any Court, Governmental Board or Agency having jurisdiction, to be illegal or contrary to law, order or directive of any such Board or Agency having jurisdiction, then such provision shall be inoperative and without any effect upon the remaining provisions of this Agreement.

ARTICLE XXI COMPLETE AGREEMENT

It is understood that this agreement is the complete agreement

between both parties and there are no other agreements, except the Association and the Union may from time to time issue Memorandum of Agreement for the purpose of clarification of the contract, or for the purpose of


amending the Agreement on a project basis, or for other purposes mutually agreed to, such as organizing.

ARTICLE XXII SAFETY & DRUG TESTING

If an Employer or Employer’s customer requires drug/alcohol testing

as a condition of employment, the person referred to the Employer by the Union may be required to take such a test, providing the test meets Federal and State standards. Also, providing the Employee signs a permission card supplied by the Employer, a copy of which should be sent to the Union. A copy of the company substance abuse program shall be furnished to each employee at the time of employment. Employee’s signature shall be proof of acknowledgement.

All employees are required to observe all safety regulations

prescribed by the Occupational Health and Safety Act, the contractor, and/or owner and to work safely.

The CEA Drug Abuse Policy and Program is available for use by Employers under this agreement. Workplace Safety of Upstate New York (WSUNY), a not for profit corporation established by labor and management for the purpose of creating and maintaining uniform drug abuse policy and procedures. WSUNY shall in addition designate and contract on a collective basis for all related services necessary to execute the drug policy and procedures, including T.P.A. (Third Party Administrator) and M.R.O. (Medical Review Officer). The Employer shall pay the cost of each test and M.R.O. service as established by WSUNY.

Joint Policy on Substance Abuse

Workplace Safety of Upstate New York 6563 Ridings Road, Syracuse, New York 13206 Phone: (315) 437-3717 • Fax: (315) 437-8053 When the owner of a project or other similar representative mandates

substance abuse testing or protocol in lieu of the agreed upon protocol existing in the contract, the parties agree that the signatory employer is authorized to substitute such new protocol regarding substance abuse testing.

Whenever the United States Department of Transportation standards

regarding substances to be tested and testing levels change, so shall similar occur to the substance to be tested and testing levels for WSUNY, Inc.

ARTICLE XXIII NON-DISCRIMINATION IN EMPLOYMENT

Section 1. The Employer and the Union mutually agree that they will

comply and cooperate with all laws, codes, rules, regulations, executive


orders, and administration decisions, whether state or federal, dealing with non-discrimination in training, membership, employment, job tenure, promotions, and every other matter covered by such laws, codes, etc. not herein expressly mentioned. The Employer shall have the right to conduct systematic and direct recruitment of qualified minority and female applicants should the Union fail to refer sufficient minority and female trainees within forty-eight (48) hours to satisfy contractual Equal Employment Opportunity requirements and conditions.

Section 2. It is recognized that there are specific subcontract

requirements for D/M/WBE participation in most public works contracts and that certain exceptions to the Subcontracting clause (Article XIV) may be required for the Employer to comply with these requirements. Every effort will be made by the Employer to arrange a pre-job meeting with these subcontractors and the Union. It is understood that in no way shall the enforcement of this clause allow other trades to perform the work of this Union.


ARTICLE XXIV PARTIES TO THE AGREEMENT

_____________________________________________________________________ EASTERN CONTRACTORS ASSOCIATION INC. Todd G. Helfrich, President & CEO, Committee Chairman _____________________________________________________________________ CONSTRUCTION EMPLOYERS ASSOCIATION OF CNY, INC.. Earl R. Hall, Executive Director _____________________________________________________________________ CONSTRUCTION INDUSTRY ASSOCIATION OF ROCHESTER, NY, INC. Aaron A. Hilger, President

_____________________________________________________________________ INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 158 Daniel McGraw, Business Manager


APPENDIX 1 ECA/BASIC TRADES WORKERS’ COMPENSATION PROGRAM

The parties have adopted as apart of this Agreement the ECA/Basic

Trades Workers’ Compensation Program including the Workers’ Compensation Alternative Disputes Resolution Addendum.


APPENDIX 2 District 106

Albany, Broome, Chenango, Clinton, Columbia, northern part of Dutchess (to the northern boundary line of City of Poughkeepsie then due east to Route 115 then north along Route 115 to Bedelt Road then east along Bedelt Road to Van Wagner Road then north along Van Wagner Road to Bower Road then east along Bower Road to Route 44 and along Route 44 east to Route 343 then along Route 343 east to the northern boundary of Town of Dover Plains and east along the northern boundary of Town of Dover Plains to Connecticut), Essex, Franklin, Fulton, Hamilton, Herkimer, Greene, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Tioga, Warren and Washington. Eastern Contractors Association, Inc. WORK JURISDICTION In addition to Article I above: Hands off equipment shall not be manned, in the event the Employer desires to man this equipment, it shall be the work of the Union. The maintenance and repair of all hands off equipment shall be the work of the Union. In the event that “hands off” equipment is used, it will be paid at the applicable “C” rate. It is understood and agreed between the parties to this Agreement that the operation of the following is not required by this Agreement:

a. A portable conveyor up to a vertical height of twelve feet (12) from ground level.

b. It is understood and agreed between the parties to this Agreement, manning will not be required for the operation of up to two (2) stud welders per Employer per project.

c. An oiler shall only be required on cranes 100 tons and over and no other equipment.

d. Inside elevator unless manual.


REPORT & SHOW-UP TIME

Section 1. If an employee is ordered out on Monday through Friday and his/her services are not required, he/she shall be entitled to show up time of two (2) hours, unless notified eight (8) hours prior to starting time not to report. Such employee shall remain on the job for the two hour period unless otherwise directed by the Employer. If such employee reports to the job and works in excess of two hours, he/she shall receive four (4) hours pay. If such employee works in excess of four (4) hours, he/she shall receive pay for actual hours worked. Fringe benefits shall be paid at straight-time rate for any hours actually worked. Section 2. If an employee is ordered out on a Saturday or Sunday, and his/her services are not used, he/she shall be paid as follows:

a. For reporting, but not starting, he/she shall receive two (2) hours’ pay at the overtime rate.

b. If such employee reports to the job and works in excess of two (2) hours, he/she shall receive four (4) hours’ pay at the overtime rate.

c. If such employee works in excess of four hours, he/she shall receive pay for actual hours worked at the overtime rate.

Section 3. Crane operator and/or crew guarantee of eight (8) hours at appropriate rate when they report for work each day, weather permitting work. Otherwise, 2-4-8 provision applies. Fringe benefits shall be paid at straight-time rate for any guarantees if work is started. HOURS OF WORK AND OVERTIME

In addition to Article IV above: Any consecutive four (4) days from Monday through Friday can be worked as a 4-10s schedule. All hours worked in excess of 10 or outside of this schedule shall be paid at time and one half (1-1/2). Note: Saturday and Sunday are still paid at the appropriate overtime rate.


WAGES & BENEFITS Albany, Clinton, Columbia, northern part of Dutchess (see above), Essex, Franklin, Fulton, Hamilton, Herkimer, Greene, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington counties. Classification 7/1/2015 7/1/2016 7/1/2017 7/1/2018 Class A(1) $39.46 $41.08 $42.66 $44.29

Class A $39.01 $40.61 $42.18 $43.80

Class B $38.07 $39.65 $41.18 $42.78

Class C $35.42 $36.92 $38.37 $39.88

Fringe Benefits, Contributions and Deductions: Welfare 7.10 7.10 7.10 7.10

Pension 7.95 7.95 7.95 7.95

UNYE Suppl. 1.00 1.00 1.00 1.00

Training 0.80 0.80 0.80 0.80

CPF 5.90 6.20 6.60 7.00

HRA 1.35 1.35 1.35 1.35

CIRST 0.05 0.05 0.05 0.05

ASP* 0.35 0.36 0.38 0.39

Dues Deduction (Total Pkg.) (3.15%) (3.15%) (3.15%) (3.15%)

VPAF (0.10) (0.10) (0.10) (0.10) *ASP in District 106 is 1% of the Class C wage Broome, Chenango and Tioga Counties A separate Agreement with wage and fringe benefit rates for Journeymen apply in Broome, Chenango, and Tioga counties. For more information, contact Daniel McGraw, Business Manager, Operating Engineers Local No. 158, (518) 431-0600. All supplements shall be paid at straight time.

Section 1. Work at hazardous work sites when an employee covered by this agreement performs hazardous waste removal work on a state and/or federally designated waste site with a Level C or over rating and where relevant state and/or federal regulations require employees to be furnished and those employees use or wear required forms of personal protection then in such case an employee shall receive his regular hourly rate plus two dollars and fifty cents ($2.50) per hour. Qualifier: If the New York State prevailing wage applies, if the federal rates are posted then they shall apply.


Section 2. Leader wage rate, should be two dollars and fifty cents ($2.50) over the Class B rate (nuclear work only). Master Mechanic Instructor wage rate should be three dollars ($3.00) over the regular rate (nuclear work only). Section 3. Employees working within the tunnel on tunneling operations or within the excavation of a shaft forty feet or more in depth, measured from top, shall be paid forty cents ($.40) above the basic hourly rate. Section 4. Wages provided for in this Agreement shall be paid in cash or by check on mutual consent of Union and contractor, to the employees on job where they are working or at the end of their shift. In no case shall more than three working days pay be withheld from any employee. If payment is not made, waiting time shall be paid at the appropriate hourly rate for every hour’s delay. Working time shall be considered as waiting time. Section 5. If an engineer or oiler is laid off or discharged, he shall receive his pay in full. If any employee is discharged or laid-off, all accrued wages shall be due and paid immediately, except that an employee may be paid by check mailed within 24 hours, such employee shall be paid an additional $35.00 for each additional 24 hour period the check was not mailed. Section 6. Where an oiler is working with crane or shovel operator, or on any other machine requiring an assistant, he shall work under the same conditions as the operator. Section 7. Hourly premiums for long crane boom length are as follows, including jib up to two hundred feet (200): (Rates are above A(1) rate).

Over 150 feet - $1.00 per hour premium (as of 7/1/2017: $1.25 per hour premium)

Over 200 feet - $2.00 per hour premium (as of 7/1/2017: $2.25 per hour premium) *The length of boom shall be measured from center sheave pin to center mounting pin. Premiums are based on boom length used. Section 8. Tower cranes will be manned by two Class A(1) operators who will receive $.50 per hour over the Class A(1) rate. Tower cranes to include stationary rail mounted, truck and carrier mounted and crawler mounted, hydraulic or friction. Crew to be assigned to crane upon start of erection and will be employed until crane is dismantled and shipped of the job. The crew shall be paid in accordance with Article III. If a third person is required during assembly, disassembly or jacking, it shall be an engineer or the crane owner’s technician at the crane owners discretion One (1) operator is required on any Potain HDT80 self-erecting mobile tower crane or similar. Section 9. A mobile crane operator, at the discretion of the employer, will be required to have a CDL.


Section 10. It is understood that all machines and equipment now or heretofore operated by Engineers, even if not specifically listed above shall continue to be operated by Engineers. It is further understood that new types of equipment or machines used as a substitute for any of the machines set forth above or any refinements of the same shall also be operated by an Engineer. If new equipment is to be used on a project and is not specifically covered below under “Classifications”, then a meeting will be held within seventy-two (72) hours and the rate and manning requirements agreed to. Section 11. A working supervisor paid at twenty-five cents per hour ($.25/hr.) above the highest rate being supervised. Section 12. In the event that equipment listed below under “Classifications” of this Agreement or any other equipment which traditionally has been the work of Operating Engineers is operated by robotic control, the operation of said equipment shall remain the work of the Operating Engineers and the classification covering the operation will be the same as if manually operated. APPRENTICES The following schedules of wages shall be applicable to apprentices:

(a) 0-1,000 hours – 60% of the B rate. (b) 1,001 – 2,000 hours – 70% of the B rate. (c) 2,001 – 3,000 hours – 80% of the B rate. (d) 3,001 – 4,000 hours – 90% of the B rate.

Albany, Clinton, Columbia, northern part of Dutchess (see above), Essex, Franklin, Fulton, Hamilton, Herkimer, Greene, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington counties.


Apprentice Level 7/1/2015 7/1/2016 7/1/2017 7/1/2018 First Year 22.84 23.79 24.71 25.66

Second Year 26.65 27.76 28.83 29.94

Third Year 30.46 31.72 32.94 34.22

Fourth Year 34.26 35.69 37.06 38.49


Pension 5.95 5.95 5.95 5.95

UNYE Suppl. 1.00 1.00 1.00 1.00

Training 0.70 0.70 0.70 0.70

CPF 3.95 4.25 4.65 5.05

HRA 0.85 0.85 0.85 0.85

CIRST 0.05 0.05 0.05 0.05


VPAF (0.10) (0.10) (0.10) (0.10)

Broome, Chenango and Tioga Counties A separate Agreement with wage and fringe benefit rates for Apprentices apply in Broome, Chenango, and Tioga counties. For more information, contact Daniel McGraw, Business Manager, Operating Engineers Local No. 158, (518) 431-0600. HOLIDAYS New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas shall be recognized holidays. No work shall be done on Labor Day unless life or property is at stake. If a holiday falls on Sunday, it will be celebrated on Monday. If the holiday falls on Saturday, it will be celebrated on Friday. Employees who work a Saturday holiday shall be paid double time plus the holiday pay. CLASSIFICATIONS CLASS A (1) crane hydraulic cranes tower crane** locomotive crane piledriver cableway derricks whirlies dragline

boom trucks over 5 tons. CLASS A shovel all Excavators (including rubber tire full swing) Gradalls

power road grader all CMI equipment front-end rubber tire loader tractor-mounted drill (quarry master) mucking machine

concrete central mix plant concrete pump** belcrete system automated asphalt concrete plant and tractor road paver


boom trucks 5 tons and under maintenance engineer self-contained crawler drill-hydraulic rock drill CLASS B backhoes (rubber tired backhoe/loader combination) bulldozer pushcat tractor traxcavator scraper LeTourneau grader form fine grader self-propelled soil compactor (fill roller) asphalt roller blacktop spreader power brooms sweepers

trenching machine barber Green loader side booms hydro hammer concrete spreader concrete finishing machine one drum hoist power hoisting (single drum) hoist two drum or more three drum engine power hoisting (two drum and over) two drum and swinging engine three drum swinging engine hod hoist A-L frame winches core and well drillers (one drum)

post hole digger model CHB Vibro-Tamp or similar machine batch bin and plant operator dinky locomotive skid steer loader track excavator 5/8 cubic yard or smaller front end rubber tired loader under four cubic yards. CLASS C fork lift high lift all terrain fork lift or similar oiler fireman and heavy-duty greaser boilers and steam generators pump

vibrator motor mixer air compressor dust collector welding machine well point mechanical heater generators temporary light plants electric submersible pumps 4” and over murphy type diesel generator conveyor elevators concrete mixer beltcrete power pack (belcrete system) seeding and mulching machines pumps.



Cayuga, Cortland, Onondaga, Oswego, Seneca, Tompkins, Madison, Oneida, Jefferson, Lewis and St. Lawrence. Construction Employers Association of CNY Inc. HOURS OF WORK In addition to Article IV above: A. Employees to be paid weekly on the job at closing time on Friday. Not more than five (5) days pay shall be held back. Employees discharged for disciplinary reasons or employees leaving work on their own accord shall not be paid until the next regular pay day. A Layoff is a Payoff shall apply where layoff is defined as termination through no fault of the employee. An employee is entitled to two (2) additional hours at straight time rate if the employee is not mailed their check by the next regular pay day. B. All payroll deductions and records of hours worked shall be itemized on detachable check or payroll envelope stub. Employers name will appear on payroll stub. C. For all applicable work under this agreement, the guaranteed twenty-four (24) hours will be Monday through Friday for weather related conditions only. If an employee is called out to work any day after Monday, that employee is guaranteed twenty-four (24) hours or the number of eight (8) hour days remaining between the day of hiring and Friday, whichever is less. Any employee who reports for work at the regularly appointed starting time shall be entitled to show-up time of two (2) hours at straight time. The employees shall remain on the job for the two (2) hour period, unless otherwise directed by the employer. The two (2) hour show-up time shall apply toward the twenty-four (24) hour guarantee. Employment of less than five (5) days duration, Monday through Friday, the 1st day the employee shall be guaranteed eight (8) hours of pay; thereafter, until termination, it will be 4-8 on weather related conditions or termination only. One and one-half (1 ½) the base pay will be paid for all hours over eight (8) and all hours over forty (40). Saturday - if any employee is called out to work and does not start, the employee shall receive two (2) hours pay at time and one-half (1 ½). If the employee does start to work, he/she shall receive four (4) hours pay at time and one-half (1 ½) and actual, time after the fourth hour of work. D. Shift work may be performed at the option of the employer, but when performed such shift work must continue for a period of not less than three (3) consecutive work days. The work week shall start with the day shift on Monday and end with the conclusion of the second or third shift (as the case


may be) on the third day. The employer may commence shift work operations at any point during the work week, but work must continue for a period of not less than three (3) consecutive work days. The first or day shift will work the regular hours provided for in Article IV above and shall receive the regular rate of pay for all hours worked. The second shift shall work seven and one-half (7 ½) hours and each employee shall be paid for eight (8) hours at the regular rate of pay. The third shift shall work seven (7) hours and each employee shall be paid for eight (8) hours at the regular rate of pay. One half (½) hour without pay shall be allowed for a lunch break for each shift. There is a flexible lunch period between 11:00 A.M. and 1:00 P.M. After 1:00 P.M. if no lunch one-half (½) hour is made available, the employee will get one-half (½) hour premium pay plus a twenty (20) minute paid lunch before the end of the day. Work in excess of the hours stipulated for each shift shall be paid at the overtime rate stipulated in Article IV based on the regular rate of pay for work performed. E. When it becomes necessary to man temporary heaters on a multiple shift basis, the following procedure shall be used:

1. The first shift will start at 8:00 A.M., and end at 4:00 P.M.; the second shift will start at 4:00 P.M. and end at 12:00 Midnight; the third shift will start at 12:00 Midnight and end at 8:00 A.M.

2. Straight time shall be paid for all shift work from Midnight on Sunday to Midnight on Friday. Any work performed from Midnight on Friday to Midnight on Sunday shall be done at the applicable rate set forth in the Labor Agreement.

3. Twenty minutes will be allowed for a paid lunch on each shift.

An additional Class “C” Operating Engineer shall be required when heating requirements exceed one self-contained heating unit plus six mechanical heaters of any type or any combination thereof up to and including seven self-contained heating units and no mechanical heaters. F. Pumps, light plants, generators and well points may also be manned on a multiple shift basis as outlined in Section E of this Article. When it becomes necessary to operate these units on a seven day, 24 hour extended basis, four six hour shifts may be used. G. Overtime shall be paid at time and one-half (1 ½) the regular scale of wages for all projects. Overtime is understood to include all time worked over shift hours in any one shift, all time from Midnight on Friday to Midnight on Saturday. All time worked on Sunday (two hours and actual hours worked), and the holidays stated in this Appendix, shall be paid for at the rate of double time. An exception shall be engineers employed by a general contractor exclusively on site preparation work five feet or more outside the building, Monday through Saturday, when time and one-half (1 1/2) shall be paid for


overtime as defined above. H. For crane rental companies the standard workday shall consist of eight (8) hours of work between 6:00 A.M. and 4:30 P.M. with one half hour (½) designated as unpaid lunch period. I. Any consecutive four (4) days from Monday through Friday can be worked as a 4-10s schedule. All hours worked in excess of 10 or outside of this schedule shall be paid at time and one half (1½). Note: Saturday and Sunday are still paid at the appropriate overtime rate. WAGES & BENEFITS Classification 7/1/2015 7/1/2016 7/1/2017 7/1/2018 Master Mechanic 35.85 37.32 38.84 40.41

Ass't Master Mechanic 34.85 36.32 37.84 39.41

Class A 33.85 35.32 36.84 38.41

Class B 31.91 33.32 34.78 36.29

Class C 28.04 29.34 30.68 32.07


HRA 1.25 1.25 1.25 1.25

Local Pension 8.00 8.00 8.00 8.00

CPF 5.00 5.25 5.50 5.75

Training 0.95 0.95 0.95 0.95

ASP 0.17 0.17 0.17 0.17

CIRST 0.05 0.05 0.05 0.05

UNYE Suppl. 1.00 1.00 1.00 1.00

VPAF (deduction) (0.10) (0.10) (0.10) (0.10)

Defense & Benefit (Total pkg.) (3.15%) (3.15%) (3.15%) (3.15%)

CRANE OPERATOR RATES • All Cranes from 30 to 64 ton - Plus $.50

• All Lattice Boom Cranes 65 ton (capacity) and over ‑ Plus $1.75

• All Hydraulic Cranes 100 ton (capacity) and over ‑ Plus $1.75

• All Hydraulic Cranes from 80 ton (capacity) to 99 ton (capacity) ‑ Plus $1.25

• All Hydraulic Cranes from 65 ton (capacity) to 79 ton (capacity) ‑ Plus $1.10

As of 7/1/2017, all above tonnage premiums shall increase by twenty-five cents ($0.25).


LENGTH PREMIUM - Boom length premium is in addition to the crane tonage premium listed above: Crane or Derrick requiring Boom: 150 feet and over - Add $1.75 200 feet and over - Add $2.75 300 feet and over - Add $3.75 Boom length shall be measured from center of base mounting pin to center tip sheave pin if no jib is used. If jib is used, the measurement to be along the length of the boom and jib. • Tower Crane - Add $1.50 • Pile Driver with Boom or Leads 100' and over - Add $1.75 It is agreed that two engineers will constitute a crew on all Tower Crane Equipment (American, Pecco, Bucyrus-Erie, Mayco-Weitz, Linden and similar types), and they will receive One Dollar and fifty cents ($1.50) per hour in addition to the Classification A rate, plus boom length premium. Crew to be assigned to crane upon start of erection and will be employed until crane is dismantled and shipped of the job. (This does not apply to crawler or truck mounted tower cranes, or mobile self-erecting cranes). Regarding all crane crews, should the employer require the employees to stay out-of-town overnight, the employer will pay reasonable expenses for meals, lodging and other actual and necessary charges upon furnishing receipts. When operator or oiler must use own transportation to flag any equipment, mileage will be paid in addition to his/her regular pay. Mileage rate to be determined according to what the Internal Revenue Service (IRS) allows. Transportation of cranes from yard to yard when purpose is delivery only by one man - if crane requires activating during transportation (i.e.: swinging or lowering of boom) it shall be accompanied by an engineer. When an employee who is covered by this Agreement is required by Federal, State, Owner or Employer rules or regulations to wear any type of respiratory protection, in the A, B or C classification for such respiratory equipment, said employee shall receive their regular hourly rate plus $2.00 per hour premium. Paper dust masks are excluded from coverage in this section.

The following schedules of wages shall be applicable to apprentices:

APPRENTICES

Apprentice Level 7/1/2015 7/1/2016 7/1/2017 7/1/2018 First Year 20.31 21.19 22.10 23.05

Second Year 22.00 22.96 23.95 24.97

Third Year 23.70 24.72 25.79 26.89

Fourth Year 27.08 28.27 29.47 30.72

Fringe Benefits, Contributions and Deductions:


Welfare 7.10 7.10 7.10 7.10

HRA 1.25 1.25 1.25 1.25

Local Pension 8.00 8.00 8.00 8.00

CPF 5.00 5.25 5.50 5.75

Training 0.95 0.95 0.95 0.95

ASP 0.17 0.17 0.17 0.17

CIRST 0.05 0.05 0.05 0.05

UNYE Suppl. 1.00 1.00 1.00 1.00

VPAF (deduction) (0.10) (0.10) (0.10) (0.10)

Defense & Benefit (Total pkg.) (3.15%) (3.15%) (3.15%) (3.15%)

OILERS A. An oiler shall only be required on cranes 100 tons and over and no other equipment. B. On projects with more than one (1) crane that needs an oiler, there shall be an oiler on the 1st crane at oilers rate until the 2nd crane is manned, then the oiler will get Class A rate and cover the two cranes. If there are more than two (2) cranes, they shall be covered in the same manner. C. No oiler or apprentice engineer is required on any drill, cherry picker or on crawler and hydraulic cranes ninety nine (99) ton and under. If a second employee is required by the employer, the employee shall be an oiler or apprentice engineer. An oiler or apprentice engineer or operator must have the appropriate drivers license for truck cranes. PILEDRIVING AND SAND DRAINS

1. An operating engineer will assemble the crane and maintain the crane, compressor, boiler, or electric or hydraulic power system (for electric or hydraulic extractor or hammer). Piledriver crew to be two (2) operators at Class A rate who shall cover combination and any number of pieces of equipment, including air compressors, welding machines, pumps, power packs or vibratory hammers and any other typically hands-off equipment relating to piledriving operations only. 2. An operating engineer will repair diesel hammer when out of leads and unhooked from cables. 3. An operating engineer will replace load cables and run through leads. 4. If there are two (2) machines, there shall be no less than three (3) Class A rate operators employed on a project. More than two (2) machines on one project will be the same manning as the first.


5. On projects of less than six (6) working days from start to completion it will be at the employer’s discretion if a second man is needed. DRILL PLATFORMS (Texas Towers) The setting up and all maintenance work on drill platforms shall be the work of the Operating Engineers. All equipment including hydraulic pumps, drills, compressors, cranes, hoist tuggers, etc., will be manned by the Operating Engineers. HOLIDAYS A. Paid holidays to be observed are Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day, irrespective of the day of the week on which the holiday may fall. If an employee who qualifies for holiday pay is required to work on a holiday, he/she shall receive double time plus eight (8) hours of straight time for the holiday. If the holiday falls on Sunday, it will be celebrated on Monday. In the event employees work on this Sunday holiday, they shall be paid double time. In the event employees work on Monday, they shall be compensated at double time. Accordingly, the Monday following the Sunday is treated as a holiday. B. All qualified employees covered by classifications contained in this agreement shall receive holiday pay. To be entitled to holiday pay, all employees working under this Agreement must have worked five consecutive working days before, and the scheduled working day after the holiday to receive holiday pay. In order for an employee to receive holiday pay because of lay-off within five working days immediately preceding the holiday, he/she must have worked at least five working days immediately preceding this five day period. Any employee, not able to report to work in the five working days before or the working day after the holiday because of proven sickness, death in the immediate family, or accident, shall be entitled to holiday pay providing proof of same is established. C. If an engineer, maintenance engineer, or oiler is ordered out to work on a holiday and reports on the job, he/she shall receive two (2) days pay regardless of whether or not his/her services are used. If an engineer, maintenance engineer, or oiler is ordered out to work on Saturday or Sunday and starts work, he/she shall receive a minimum of four (4) hours pay at the applicable overtime rate. If ordered out and reports but does not start work, he/she shall receive a minimum of two (2) hours at the applicable overtime rate (2, 4 and actual hours worked). CLASSIFICATIONS On projects where one or more Operating Engineers are employed, an Operating Engineer, Mechanic or Oiler on a project may be agreed upon between the Employer and the Union to operate three (3) pieces of “Hands Off Equipment”, in addition to his/her regular duties. “Hands Off Equipment” is defined as compressors, pumps, dust collectors, generators, welding machines, steam jennies, mechanical heaters or conveyors not in line. If four


(4) pieces of “Hands Off Equipment” are used on a project, an Engineer shall be employed to operate the four (4) pieces up to a maximum of five (5) pieces. Should the sixth (6

th) piece of “Hands Off Equipment” be employed, then a

second (2nd

) Engineer shall be employed to operate the pieces sixth (6th)

through tenth (10th).

If these three (3) pieces happen to be compressors, the combined output shall not exceed 1501 C.F. m/g rating. If these three (3) pieces happen to be pumps, the combined output is not to exceed twelve (12) inches. If these three (3) pieces happen to be generators, the combined rating is not to exceed 20,000 watts. If these three (3) pieces happen to be heaters, the combined output is not to exceed 1,000,000 BTU. If these three (3) pieces happen to be welders, the combined rating is not to exceed 800 amps. It is understood that an Operating Engineer will be on the job site at all times that any “Hands Off Equipment” is being used, and that only Operating Engineers will start stop and maintain this equipment.

Air Plako CLASSIFICATION A

Asphalt and Blacktop Roller Automated Concrete Spreader (CMI or equivalent) Automated Fine Grade Machine (CMI) Backhoe Barrel Shredder Belt Placer Blacktop Spreader (such as Barber Greene & Blaw Knox) Blacktop Plant (automated)

Blast or Rotary Drill (Truck or cat mounted) Boom Truck Burning Plant Operator Cableway Caisson Auger Central Mix Plant (Automated) Concrete Pump Crane - see page 22 Crusher - Rock Derrick Dewatering Press Diesel Power Unit Dirt Filter Press

Operation Equipment Dragline Dredge Dual Drum Paver Elevating Grader (self-propelled or towed) Elevator Hoist - Two Cage Excavator - All Purpose - Hydraulically operated Fork Lift (Loed & Lull and other rough terrain type) Front End

Loader (4 c.y. and over) Gradall Grader (Power) Head Tower (Saurman or equal) Hoist (2 or 3 Drum) Hydroblaster (Laser Pump) (LCM’s) work Boat Operator Light plants, compressors and generators Locomotive Maintenance Engineer Maintenance Welder


Mine Hoist Mucking Machine or Mole Overhead Crane - Fixed Permanent Pile Driver Quarry Master or Equivalent Refrigeration Equip. - For Soil Stabilization Scraper Sea Mule Shovel Side Boom Slip Form Paver Straddle Buggy (Ross Carrier, Lumber Carrier) Tractor Drawn Belt Type Loader (Euclid Loader) Trenching Machine (digging capacity of over 4 ft. depth) Truck Crane, Operator Truck of Trailer Mounted Log Chipper (self-feeder) Tug Operator (Manned, rented equip. excluded) Tunnel Shovel Vibro or Sonic Hammer Controls (when not mounted in proximity to the Rig Operator)

"A" Frame Truck

CLASSIFICATION B

Back Dumps Blacktop Plant (non-automatic) Boring Machine Bulldozer Cage-Hoist Central Mix Plant (non-automated) Compressor, Pump, Generator or Welding Machine (when used in a battery of not more than five (5) Concrete Paver (Single Drum over 16S) Core Boring Machine Drill Rigs - Tractor mounted Elevator - as a material hoist Farm Tractor (with or without accessories) Fork Lift ("with or without" attachments) over 10 ton Front End Loader (under 4 c.y.) Gunite Machine High Pressure Boiler (15 1bs. & over) Hoist (one drum) Hydraulic

Breaking Hammer (Drop Hammer) Kolman Plant Loader (screening gravel) Maintenance Grease Man Mixer for stabilized base-self propelled (Seaman Mixer) Monorail Machine Parapet Concrete or Pavement Grinder Parts Man Post Driver (truck or tractor mounted) Post Hole Digger (truck or tractor mounted) Power sweeper (Wayne or similar) Grout Pump Pump-Crete or Squeeze-Crete Road Widener (front end of Grader or self propelled) Roller Self contained hydraulic bench drill Shell Winder (motorized) Skid steer Bobcat type Loader Snorkel (overhead

arms) Snowblower control man Tractor (with or without accessories) Trenching Machine (digging capacity of 4 ft. or less) Tugger Hoist Vacuum Machine (self propelled or mounted) Vibro Tamp Well Drill Well Point System (submersible pumps when used in lieu of well-point system) Winch (motor driven) Winch Cat Winch Truck

Compressor (up to 500 c.f.)

CLASSIFICATION C

Concrete Paver or Mixer (under 16S) Concrete Pavement Spreaders & Finishers (not auto-mated Conveyor (over 12 ft.) Electric Submersible Pump (4" and over) Fine Grade Machine (not


automated) Fireman Fork Lift ("with or without" attachments) 10 ton and under Form Tamper Generator (2,500 Watts and over) Hydraulic Pump Mechanical Heaters - More than two (2) Mechanical

Heaters or any Mechanical Heater or Heaters whose combined output exceeds 640,000 BTU per hour (manufacturer’s rating) plus one self contained heating unit (i.e. Sundog or Air Heat type, New Holland Hay

Dryer type excluded) Mulching Machine Oiler Power Driven Welding Machine - 300 amp. and over (other than all electric) one Welding Machine under 300 amp. will not require an

engineer unless in a battery Power Heaterman (hay dryer) Pumps - Water and Trash Revinus Widener (road widener) Single Light Plant Steam Cleaner or Jenny



Allegany, Livingston, Monroe, Ontario, Steuben, Wayne, Yates, Chemung, Schuyler and the eastern part of Genesee (including Batavia).

Construction Industry Association of Rochester, NY, Inc. HOURS OF WORK In addition to Article IV above: Section 1. This Section shall-be effective May16 through September 30. All time worked, to a maximum of ten (10) hours per day, Monday through Friday, shall be applied to the guaranteed 40-hour week. On jobs requiring the services of an Engineer, Maintenance Engineer, or Junior Engineer/Oiler for more than a week's work, the wage scales of the various classifications shall be computed at a straight time forty (40) hour basis (Monday through Friday) – except the first and final pay period may be for less than forty hours. Section 2. This Section shall be effective October 1 throughMay15 each year. Eight (8) hours shall constitute a day’s work, 24 hours shall constitute a week’s work. On jobs requiring the services of an Engineer, Maintenance Engineer, or Junior Engineer/Oiler for more than a week's work, the wages shall be computed on the basis of a guaranteed twenty-four (24) hours pay in a week, Monday through Friday. All time worked, to a maximum of ten (10) hours per day, shall be applied toward the 24-hour guarantee. During the period of the 24-hour guarantee, a man reporting for work, and his services are not used, shall receive two hours pay, even though he may have fulfilled the 24-hour guarantee. Section 3. On jobs requiring his services for less than a week's time, any Engineer, Maintenance Engineer (mechanic), or Junior Engineer/Oiler reporting for work shall receive a minimum of eight (8) hours pay for each day. Section 4. If an Engineer is ordered out and his services are not required and his machine is operated by any other engineer, he, as well as the engineer who operated such machine shall be paid the day's pay. An engineer may make unlimited moves on a job during a given day and he shall receive the highest rate applicable for the day. Section 5. When an Engineer and or Junior Engineer/Oiler are employed on a job, where practical the Junior Engineer/Oiler may operate a generator for welding purposes, except an electric driven machine, and when such duties are added to his regular duties as Junior Engineer/Oiler, he shall receive the


normal rate of pay for the Junior Engineer/Oiler Classification for the entire day. Section 6. One and one-half times the rates set forth in this agreement shall be paid for all work performed in excess of eight (8) hours per day and for all work in excess of forty (40) hours per week, Monday through Saturday. Work performed on Saturday shall be paid at straight time provided that less than forty (40) hours work was performed during the week, because of time lost due to inclement weather. If an employee is called out to work on Saturday, he is guaranteed four (4) hours pay, time and one-half for any hours over forty (40). If the employee works over four (4) hours, he shall be paid for the actual hours worked at the applicable rate. If the lunch period is not taken between 11:30 a.m. and 1:00 p.m., premium times shall be paid from 1:00 p.m. until the lunch period is taken regardless of the time, on a given day. If an employee begins working on a Saturday and continues into Sunday, after eight (8) hours actual work at straight time and/or time and a half, the employee will be paid at double the straight time rate after the eight (8) hours. Section 7. New Section added May1,1992, Employer option: This Section to apply during forty (40) hour guarantee period only. On certain projects where problems or special conditions exist and where it would be advantageous to the Employer and Employee, with prior notification and approval of the Union, a maximum of ten (10) hours per day may be worked at a straight time rate unless prohibited by law. Work performed on Friday shall be paid at straight time provided that less than forty (40) hours work was performed during the week because of time lost due to inclement weather. All work performed on Saturday will be at time and one half. Employees terminated with less than forty (40) hours will receive time and one half for all hours worked over eight (8) hours per day. WAGES Classification 7/1/2015 7/1/2016 7/1/2017 7/1/2018 Master Mechanic 32.80 33.89 34.88 35.77

Class 1 30.80 31.89 32.88 33.77

Class 2 30.06 31.13 32.10 32.97

Class 3 27.60 28.59 29.48 30.27

Class 4 23.42 24.29 25.05 25.71


Crane 1 33.61 34.78 36.11 37.35

Crane 2 35.42 36.65 37.78 38.82

Crane 3 36.21 37.46 38.62 39.69


Pension 9.50 9.50 9.50 9.50

UNYE Suppl. 1.00 1.00 1.00 1.00

CPF 5.15 5.75 6.35 6.95

HRA 1.25 1.25 1.40 1.50

Training 1.15 1.15 1.15 1.35

CIRST 0.05 0.05 0.05 0.05

ASP 0.19 0.19 0.19 0.19

UNICON 0.15 0.15 0.15 0.15


VPAF (0.10) (0.10) (0.10) (0.10)

Section 1. It is agreed that one apprentice may be utilized by a contractor signatory to this Agreement as soon as three (3) qualified operating engineers are employed. Thereafter, an additional apprentice may be utilized when eight (8) additional operating engineers (excluding the apprentice) are working for that contractor. No more than two apprentice Engineers shall be assigned to any contractor at the same time. It being clearly understood, the apprentice shall be under the direction of the Master Mechanic or the operator to which he may be temporarily assigned.

APPRENTICES

The following schedules of wages shall be applicable to apprentices:

Apprentice Level

First Year – 60% of the Classification No. 3 wage rate or Class C wage rate

Second Year – 65% of the Classification No. 3 wage rate or Class C wage rate

Third Year – 75% of the Classification No. 2 wage rate or Class B wage rate

Fourth Year – 80% of the Classification No. 1 wage rate or Class A wage rate

Fringe Benefits, Contributions and Deductions:

Full amount of applicable fringe benefits

Section 1. MAINTENANCE ENGINEERS: Shall be employed to do all pipe fitting in connection with all Hoisting and Portable equipment and operations, sinking of well point systems, all piping in connection with well point systems,

MAINTENANCE ENGINEERS AND JUNIOR ENGINEER/OILERS


burning, and welding, in connection with repairing and maintaining of equipment, installing, repairing and maintaining of all equipment (including vibrators and tampers), and all such other work as by custom has been performed by workmen under the supervision of the Master Mechanic. Section 2. JUNIOR ENGINEER/OILERS: Shall be employed on all gasoline, electric, hydraulic or air operated shovels, cranes draglines, backhoes with a factory rating of over one and one-half cu. yd. capacity and all dual drum pavers Pump Crete and similar type machines, Trenching Machines, Dredges and Derrick Boats (all types), Caisson Boring Machines (all types), Pile Drivers (all types). Truck Cranes (all sizes), except when exempted by mutual agreement between the Company and the Union. Junior Engineer/Oilers and maintenance greasemen shall service machines during the regular lunch period. They shall take their lunch period either before or after the regular lunch period if so directed by the Employer. Their duties shall be to assist the Engineer in oiling, greasing and repairing all machines, giving signals when necessary, chaining of buckets, scale buckets and scale boxes and operate aggregate and cement bins. Section 3. All Tower Crane crews shall consist of two (2) operators, as determined below under “Building Classifications” of this Agreement. Only one operator shall be counted toward the requirement for a Master Mechanic. Mobile self-erecting tower cranes will require one Operator. When a second man is needed, he shall be an Operating Engineer. Section 4. Oilers would be required on a continuous basis on all Crawler or Lattice Boom Cranes over ninety (90) ton capacity and Hydraulic Cranes over one hundred fifty (150) ton capacity. However, oilers will not be required on Hydraulic Cranes over one hundred fifty (150) ton capacity after five days of operation. Any work involved in the moving or set up of a crane is the exclusive jurisdiction of the Operating Engineer. MISCELLANEOUS Section 1. When a truck crane or cherry picker stays out of town overnight and the employee stays out of town overnight at the Employer's request, the employee shall be paid reasonable reimbursed expenses with proper receipts. Section 2. If an Engineer, Maintenance Engineer, or Junior Engineer/Oiler is required to move his machine from one location to another where he will complete his day's work, he shall be given an opportunity and means of obtaining his car, if it was left at the original location where he started from. If he has to wait until after working hours, he shall be paid at one and one-half


(1 ½) times his straight rate until such time as he is returned to his car, but only if he is not receiving subsistence pay as provided in Section 1. Section 3. Hazardous Waste Site Premium

: When an employee, who is covered by this Agreement, is required by Federal, State, Owner or Employer rules or regulations to wear any type of respiratory protection in the A, B, or C classification for such respiratory equipment, said employee shall receive their regular hourly rate plus $2.50 per hour premium. Paper dust masks are excluded from coverage in this Section.

UNICON Fifteen cents ($0.15) per straight time hour worked shall be contributed to the Construction Cooperation and Education Trust (“UNICON”). This section is only applicable in the Rochester area. HOLIDAYS & SUNDAYS Section 1. Paid holidays to be observed are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, regardless of the day of the week on which the Holiday may fall. Section 2. To be entitled to holiday pay all employees working under this Agreement must have worked for the five (5) scheduled working days immediately before and the scheduled working day immediately after the holiday to receive holiday pay. An employee not able to report for work on the scheduled days before and the day after a Holiday, because of proven sickness, death in the immediate family or accident, shall be entitled to the Holiday pay. This shall not apply to an employee hired on the day after a Holiday. A person laid off after having worked the scheduled work day immediately preceding a Holiday, shall receive the Holiday pay even though the Holiday is not in the same week as the layoff, except when the layoff is at the completion of the project. No employer shall engage in any subterfuge to avoid Holiday pay by any manner of termination of the employee. Section 3. If an Engineer, Maintenance Engineer or Junior Engineer/Oiler is ordered out to work on a Holiday, he shall receive two (2) day's pay in addition to his Holiday pay, irrespective of the day of the week. Section 4. If an Engineer, Maintenance Engineer, or Junior Engineer/Oiler is ordered out to work on a Sunday and reports on the job, a minimum of four (4) hours at double time shall be paid. If work extends beyond the four (4) hours, the actual hours worked shall be paid at double time. BUILDING DEFINITION The Employer recognizes the Union as the sole and exclusive bargaining agent for all the employees engaged in the operation of all power equipment


as herein specified in schedule attached and made a part hereof, used in the construction, demolition, alteration and repair of buildings, structures, bridges, bridge approaches, viaduct shafts, tunnels, subways, piers docks, dams, foundations, streets, highway work, sewers, dredging, port work, river and harbor improvements, pipelines, pipeline water crossings, temporary pipe fittings, sinking of well points, all piping in connection with well points, burning and welding installing, fitting up, dismantling, repairing and maintaining and operating of machinery when done on the job or project and all such other work as by custom has been performed by Operating Engineers. (The operation of helicopters in placing construction materials or equipment shall be performed by Operating Engineers.) BUILDING CLASSIFICATIONS Section 1. The Building and Commercial Wage and Fringe Rates and classifications will apply to all building work beginning with the footer excavation and thereafter all other work pertaining to the Building proper. CRANES, Cable and Hydraulic, Climbing and Tower: Cranes (1) -- Up to and including 250 ton capacity hydraulic cranes; all boom trucks and lattice boom Cranes Cranes (2) -- 251 ton capacity and over hydraulic and lattice boom cranes Cranes (3) -- All other tower cranes (when need to climb up) including mobile self-erecting (Potain and similar type)

Air Tugger CLASSIFICATION 1:

All terrain telescoping material handler Clamshell Barber Green and similar type machines Dragline Shovel and similar machines over three-eighths cu.yd. capacity (Fact. rating);Carrier mounted backhoes that swing 360 degrees Big Generator Plant Hoist (on steel erection)

Bridge Crane (all types) Cableway Caisson auger and similar type machine Crane Derrick Dredge Excavator all purpose hydraulically operated Forklift (with Factory rating of Fifteen ft. or more of lift) Hoist (on steel erection) Hydraulic/Krupp Drill Type Mucking Machines

Remote controlled excavator with attachments (Brokk type or similar) Ross Carrier (and similar) Three-Drum Hoist (when all three drums are in use)

A-Frame Truck CLASSIFICATION 2:

Backfilling Machine Backhoe -tractor mounted Belt Crete and similar type machines Bituminous spreading

machine 3/8 yd. capacity or less(Factory Rating) Bulldozer Carry-all type scraper Compressors: Four not to exceed 2000 CFM combined capacity; or 3 or less with more than1200 CFM but not to exceed 2000 CFM Concrete Mixer Concrete Placer Concrete Pump Dinky Locomotives (all types)


Elevating Grader Elevator Fine Grade and Finish Rollers Fine Grade Machines (all kinds) Forklift with Factory rating of less than 15 feet of lift Front End Loader Gunite Pumping Machine High Pressure Boiler Hoist (1 or 2 drums) Maintenance Engineer (Mechanic) Mechanical Slurry Machine (all kinds)

Mega Mixers and similar type machines Motor Grader Post Hole Digger Pumps (regardless of motive power) no more than 4 in number not to exceed 20 inches in total capacity Shot Crete Pumping Machine Side Boom Tractor Skid Steer Loader with attachments Stone Crusher Tournadozer and similar types Tournapull and similar types Trenching Machines

Welder Well Drill WellPoint System EXCEPTION: Single electric pumps up to and including four (4) inches need not be manned.

Any combination (Not to exceed three (3) pieces of equipment)

CLASSIFICATION 3:

Compressors - three (3) or less, or not to exceed 1200 CFM combined capacity Fireman Longitudinal Float Mechanical Heater

Pumps (regardless of motive power) No more than three (3) in number, not to exceed twelve (12) inches total capacity Roller (Fill and Grade) Rubber Tired Tractor Welding Machine or Mechanical Conveyor (over 12ft. in length) EXCEPTION: Single gasoline driven welding machine up to 300amps need not be manned.

Junior Engineer/Oilers

CLASSIFICATION 4:

EXCAVATING and PAVING CLASSIFICATIONS AND WAGES Section 1: Site preparation, grading, underground work, athletic fields, paving, skateboard parks and all other work outside the footprint of any building will be performed under the Excavating and Paving Section of this Agreement. All work in connection with the building proper, including but not limited to building excavation and backfilling, dewatering of the building excavation and the operation of all equipment within the jurisdiction of the Operating Engineers Union which is used either to perform work on the building or to service other trades which are working on the building, shall be performed under the terms and conditions and wage rates of this Agreement. The bargaining committees of the Union and of the Association jointly, shall be the sole interpreters of the application of this Section of the Agreement. Section 2: Snow removal operations for municipalities and existing commercial and industrial accounts shall be accomplished under the terms of this Article. All commercial and industrial snow removal operations shall be paid at the Class B rate, exclusive of fringe benefits hereinafter specified.


(This clause shall not apply to occasional snow removal on construction sites.) Section 3: All other work including site preparation and grading, underground work, paving, etc. shall be paid according to the following classifications, wages and fringes. Section 4: If an Engineer, Maintenance Engineer, or Junior Engineer/Oiler is ordered out to work and reports to the job, they shall receive two hours at the appropriate rate. If they work past two hours, they shall receive four hours at the appropriate rate, if they work past four (4) hours, they shall receive eight (8) hours pay at the appropriate rate. Section 5: The 24 and 40 hour guaranteed work week shall not apply under this article.

The following schedules of wages shall be applicable to Excavating & Paving:

Classification 7/1/2015 7/1/2016 7/1/2017 7/1/2018 Master Mechanic 31.16 32.19 33.12 33.95

Class A 29.16 30.19 31.12 31.95

Class B 28.72 29.74 30.66 31.48

Class C 28.09 29.09 29.99 30.79

Class D 24.91 25.81 26.61 27.30

Class E 23.78 24.65 25.41 26.07


Pension 9.70 9.70 9.70 9.70

UNYE Suppl. 1.00 1.00 1.00 1.00

CPF 4.65 5.25 5.85 6.45

HRA 1.25 1.25 1.40 1.50

Training 1.10 1.10 1.10 1.30

CIRST 0.05 0.05 0.05 0.05

ASP 0.19 0.19 0.19 0.19

UNICON 0.15 0.15 0.15 0.15


VPAF (0.10) (0.10) (0.10) (0.10)


E&P CLASSIFICATIONS MASTER MECHANIC / CLASSIFICATION A

All terrain telescoping material handler Asphalt Paver Automatic Fine Grader Backhoe (Except Tractor Mounted, Rubber Tired) Blacktop Plant (Automated) Cableway Caisson Auger Central Mix Concrete Plant (Automated) Dragline Dual Drum Paver Excavator-all purpose-Hydraulically operated Front End Loader (4 c.y. and over) Hoist, Two or Three Drum Hydro-Axe Hydraulic/Krupp Drill Type Pile Driver Power Grader with elevating loader attachment Quarry Master (or equivalent) Remote controlled excavator with attachments (Brokk or similar types) Shovel

Slip Form Paver (if a second man is needed, he shall be an oiler) Tractor Drawn Belt-Type Loader Truck Crane Tunnel Shovel CLASSIFICATION B

Articulated Off-road Material Hauler Backhoe (Tractor Mounted, Rubber Tired) Bituminous Spreader and Mixer Blacktop Plant (non-automated) Boring Machine Cage Hoist Central Mix Plant (non-automated) and all concrete batching plants Cherry Picker-5 tons and under Compressor (4 or less) exceeding 2,000 c.f.m. combined capacity Concrete Paver over 16S Concrete Pump Crusher Drill Rigs,

Tractor Mounted Front End Loader (under 4 c.y.) Hi-Pressure Boiler (15 lbs. and over) Hoist, One Drum Kolman Plant Loader and similar type loaders (if Employer re-quires another man to clean the screen or to maintain the equipment, he shall be an oiler) Maintenance Engineer Maintenance Grease Man Mechanical Slurry Machine Mixer for stabilized base self-propelled Monorail Machine Plant Engineer Power Broom Power Grader Pump Crete Ready Mix Concrete Plant Road Widener Roller (all above sub-grade) Side Boom Skid Steer Loader with Attachments Tractor Scraper

Tractor with Dozer and/or Pusher Trencher (Vac Truck) Winch CLASSIFICATION C

Compressors: 4 not to exceed 2,000 c.f.m. combined capacity; or 3 or less with more than 1,200 c.f.m. but not to exceed 2,000 c.f.m. Compressors (any size but subject to other provisions for compressors), Dust Collectors, Generators, Welding Machines (four of any type or combination) Concrete Pavement Spreaders and Finishers Conveyor Drill, Core Drill, Well Electric Pump used in conjunction with Well Point Systems Farm Tractor with accessories Fine Grade Machine


Fork Lift Gunite Machine Hammers-Hydraulic self-propelled Locomotive Post Hole Digger and Post Driver Pumps, regardless of motive power, not more than 4 in number not to exceed 20" in total capacity

Submersible Electric Pumps when used in lieu of well Points Tractor with towed accessories Vibrator Compactor Vibro Tamp Well Point CLASSIFICATION D Compressor (any size, but subject to other

provisions for compressors), Dust Collectors, Generator, Welding machines (three or less of any type or combination) Concrete Mixer (16S and under) Concrete Saw self-propelled Form Tamper Mulching Machine Power

Heaterman Pumps regardless of motive power no more than 3 in number not to exceed 12" in total capacity Revinius Widener Steam Cleaner Tractor CLASSIFICATION E

Junior Engineer/Oiler


AGREEMENT SIGNATURE PAGES We hereby accept the provisions of the above contract. The Union

and said Company do hereby agree to abide by and enforce same.

Company Name

Company Address and Telephone

Signature of Duly Authorized Officer or Representative of Company

Print Name and Title

Signature of Business Representative - Local No. 158

Date

Union/Contractor Copy


AGREEMENT SIGNATURE PAGES We hereby accept the provisions of the above contract. The Union

and said Company do hereby agree to abide by and enforce same.

Company Name

Company Address and Telephone

Signature of Duly Authorized Officer or Representative of Company

Print Name and Title

Signature of Business Representative - Local No. 158

Date

Copies to “Associations” and Fund Office(s)


NOTES

OPERATING ENGINEERS

HEAVY & HIGHWAY

1 IUOE 158 2019‐2023 Agreement

2019-2023

AGREEMENT

Between

LABOR RELATIONS DIVISIONS OF

ALBANY REGION ROCHESTER REGION

CENTRAL NEW YORK REGION

ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE, LLC

And

INTERNATIONAL UNION OF

OPERATING ENGINEERS

LOCAL UNION

NO. 158

AFFILIATED WITH THE AFL-CIO


LABOR RELATIONS DIVISION

ASSOCIATED GENERAL CONTRACTORS

OF NEW YORK STATE, LLC

10 Airline Drive, Suite 203 Albany, New York 12205-1025

Telephone: (518) 456-1134 FAX: (518) 456-1198


INDEX ARTICLE PAGE Articles of Agreement................................................................... 5 I. Purpose and Principles................................................ 5 II. Territorial Jurisdiction................................................. 6 III. Union Security............................................................ 7 IV. Grievance and Arbitration Procedures......................... 8 V. Definition..................................................................... 9 VI. Hours of Work............................................................. 9 VII. Paid Holidays and Sundays......................................... 11 VIII. Pay.............................................................................. 12 IX. Master Mechanics, Maintenance Engineers,

Field Shop Foremen................................................... 13 X. Oilers and Firemen..................................................... 13 XI. Termination, Discharge, and Mobility........................ 14 XII. Election Day............................................................... 14 XIII. Steward...................................................................... 14 XIV. Miscellaneous............................................................ 14 XV. Operation of Well Points........................................... 15 XVI. Pile Driving and Sand Drains................................... 16 XVII. Safety........................................................................ 16 XVIII. Most Favored Employer............................................ 16


ARTICLE PAGE XIX. Jurisdictional Disputes.............................................. 17 XX. Duration.................................................................... 17 XXI. Savings Clause............................................................. 17 XXII. Fund Contributions....................................................... 17 XXIII. Subcontracting.............................................................. 19 XXIV. Apprentice Training..................................................... 20 XXV. Nondiscrimination in Employment.............................. 21 XXVI. Status Quo on Certain Equipment................................ 22 XXVII. Dues Deduction……………………………………… 23 XXVIII. Owner Mandated Requirements…………………….. 23 XXIX. Construction Industry Research and SERIC Trust Fund 23 XXX Wage Rates and Classifications................................... 23 XXXI. Complete Agreement................................................... 31

Individual Employer.................................................... 32



THIS AGREEMENT, entered into the 1st day of April 2019, by and between the LABOR RELATIONS DIVISION, ALBANY REGION, ROCHESTER REGION, CENTRAL NE W YORK REGION, ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE LLC (hereinafter referred to as the "Association") acting for and on behalf of its present and future members, (hereinafter called the "Employer") as parties of the first part, and the INTERNATIONAL UNION OF OP ERATING ENGINEERS, LOCAL UNION 158 (hereinafter referred to as the "Union"), as party of the second part, and shall continue in full force and effect through the 31st day of March, 2023 unless changed by mutual consent as provided hereinafter and thereafter as provided by Article XX.

Any one of the individual parties comprising either the Parties of the First or Second Parts may, without joining with them the other Parties, make any claim, invoke any right or take any action proper to be taken hereunder in order to enforce any right given by this Agreement. It is intended that every right given to either Party under this Agreement shall be given individually to every one of the Individual Parties making up the Parties to this Agreement enforcing the same as though such party were named as the sole party to this Agreement.

ARTICLE I - PURPOSE AND PRINCIPLES

1. THIS AGREEMENT is entered into to prevent strikes and lockouts; to facilitate peaceful adjustment

of grievances and disputes between Employer and Employee; to prevent waste, unnecessary and unavoidable delays and the results through them to the Employer of costs and expense and to the employee of loss of wages; to enable the Employer to secure at all times sufficient forces of skilled workmen; to provide as far as possible for the continuous employment of labor; to provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon and by reason of this Agreement and the purpose and intent thereof, to bring about stable conditions in the Industry, keep costs of work in the Industry as low as possible consistent with fair wages and proper working conditions, as provided for hereunder; and further to establish and set up the necessary procedure for amicable adjustment of all disputes or questions that may arise between the Parties, or any of them, so that the foregoing purposes may be brought about and accomplished.

2. Both Parties to the Agreement believe that Uniform Agreement, if adopted by the Unions and the Employers engaged in Heavy and Highway Construction would further the interests of that Industry, and further believe that such a Uniform Agreement should contain the following principles:

(a) That there should be no limitations to the amount of work an employee shall perform during their working day, it being understood that the the employee shall perform a fair and honest day’s work.

(b) That there shall be no restriction of the use of machinery, tools or appliances except as

hereinafter modified by this Agreement.

(c) That no person shall have the right to interfere with the workmen during working hours.

(d) If any of the Parties of the First Part engage in any class of work not embodied in Heavy and/or Highway Construction as hereinafter defined, then this Agreement is of no force or effect on any such contract.


3. The Employer agrees that they will not discipline or discharge any employee who refuses to cross a

bona fide labor union picket line. The right of an employee to exercise this privilege shall not be a violation of this Agreement and shall not subject the Employee to penalties.

4. The Association and the Union named herein are negotiating agents for their present and future members. For any breach of this Agreement, the liability of the members of the Association and the Local Union shall be several and not joint and the liability of the Association shall only be that of negotiating agent without liability for the acts of its respective members.

5. Sections 1, 2, 3 and 4 of this Article are an integral part of this Agreement and all parties to the Agreement agree to abide by and be bound by the language contained in said sections.

ARTICLE II TERRITORIAL JURISDICTION

1. The Territorial Jurisdiction covered by this Agreement shall be the counties of: Albany, Broome, Chenango, Clinton, Columbia, Northern part of Dutchess (to the northern boundary line of City of Poughkeepsie then due east to Route 115 to Bedelt Road then east along Bedelt Road to VanWagner Road then north along VanWagner Road to Bower Road then east along Bower Road to Rte. 44 east to Route 343 then along Route 343 east to the northern boundary of Town of Dover Plains and east along the northern boundary of Town of Dover Plains to Connecticut), Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Tioga, Warren and Washington Allegany, Chemung, Livingston, Monroe, Ontario, Schuyler, Steuben, Wayne, Yates, and the Eastern part of Genesee (including the City of Batavia) Cayuga, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Seneca and Tompkins.

2. For the purposes of this contract the stated jurisdiction shall be unchanged for the term of this contract.

BUSINESS REPRESENTATIVES District 106

Daniel McGraw, Business Manager Michael Lyons, District Manager Robert Aikens, Special Assistant to the Business Manager William Walsh, Business Representative Mark Mincher, Business Representative

Address: 27 Hannay Lane Glenmont, NY 12077 (518) 431-0600 FAX: (518) 431-0726


District 545

Theron Hogle, District Manager Karl Button, Business Representative Thomas Halstead, Business Representative

Address: 5612 Business Avenue Cicero, NY 13039 (315) 492-1752 FAX: (315) 469-7870

District 832

Grant Malone, District Manager Jon Lanse, Business Representative Thomas Schweizer, Business Representative John Tarasuk, Business Representative Andrew Springer, Business Representative

Address: P.O. Box 93310 Rochester, NY 14692 (585) 272-9890 FAX: (585) 272-7785

ARTICLE III - UNION SECURITY

1. It is agreed that on the eighth (8th) day following the beginning of employment of an employee or the effective date of this Agreement, whichever is later, membership in the Union shall be a condition of employment. The hiring of new workmen and the discharging of employees upon the request of the Union shall be in accord with the Labor Management Relations Act of 1947, as amended.

2. In hiring new employees, the Employer shall give the Local Union equal opportunity with all other sources to refer suitable applicants.

3. Authorized representatives of the Union shall be allowed to visit jobs during working hours to interview Employer and employees, but in no way shall interfere with or hinder progress of the work. Said representatives shall notify the field office, if possible, of their presence on the job.


ARTICLE IV GRIEVANCE AND ARBITRATION PROCEDURES

1. During the term of this Agreement, neither Party shall order or permit any lockout, strike or other work stoppage or slowdown. Further, the Union will not aid, support or permit unauthorized strikes, slowdowns or work stoppages by its members.

2. Grievance Procedure: All grievances or disputes involving any controversy, dispute or misunderstanding arising as to the meaning, application or observance of any provisions of this Agreement shall be handled in the manner hereinafter set forth.

Step 1. All grievances must be made known in writing to the other party within seven (7) working days after the reason for such grievance has occurred. An authorized representative of the Union shall first submit a written grievance to the Job Superintendent, or their duly authorized representative. The authorized representative of the Union of the Employee or employees involved shall be present at any meeting between the Job Superintendent and such employee or employees. The Job Superintendent or their duly authorized representative must make a written disposition of the matter within forty-eight (48) hours after the submission of such written grievance thereto.

Step 2. If the disposition of the matter by the Job Superintendent or their duly authorized

representative is not satisfactory, the matter must be taken up by the Business Agent, and representative of the Employer with authority to act within forty-eight (48) hours of the written disposition set forth in Step 1.

Step 3. If the disposition of the matter in Step 2 is not satisfactory, the Business Manager shall

attempt to resolve the matter with the Labor Relation Division designate, AGC within forty-eight (48) hours after Step 2.

3. Arbitration: If Step 3 is not successful, the grievant shall request a list of seven (7) arbitrators from any

one of the following sources: (1) the Federal Mediation and Conciliation Service; (2) the American Arbitration Association; for final and binding decision. Such request shall be no later than seventy-two (72) hours after Step 3. Both parties agree to submit to such arbitration and be bound by and follow the decision rendered. Failure to do so on the part of the grievant shall deem the grievance as closed. The arbitrator shall be selected by alternately eliminating names from the seven (7) person list until one remains, the grievant or their representative shall strike the first name.

The arbitrator shall not have jurisdiction or authority to add to, modify, detract from, or alter in any way the provisions of this Agreement or any amendment or supplement thereto or to add new provisions of this Agreement or any amendment or supplement thereto. If the arbitrator should determine that the grievance is not covered by this Agreement, they shall return the grievance to the parties without decision and the grievance shall be closed. In such a case, the costs, if any, shall be borne by the grievant.

4. Violations concerning wages, hours, and all fringe benefit payments shall not be subject to the grievance procedure. In such cases, the Union shall give three (3) working days notice to the Employer that the Union will withdraw its workmen from the Employer’s service. If the Employer contends there is a question of fact regarding the alleged violation, they may file for arbitration within the aforesaid three (3) working days. When a request for arbitration has been initiated, there shall be no work stoppage pending resolution of the dispute


pursuant to this Article. Work jurisdiction, that is, disputes with respect to whether one group of employees or another group of employees shall perform certain work on the project is expressly not arbitrable under this contract. The Health Fund, Pension Fund, S.U.B. Fund, Training Fund, and Central Pension Fund, and all other Funds identified in this Agreement are not bound by the grievance and arbitration procedure of this Agreement; they may proceed with any and all avenues and remedies they deem appropriate to collect a delinquency or enforce and Employer’s obligation.

5. The costs of arbitration, which shall include the fees and expenses of the arbitrator shall be borne by the

Company in case its principal contention is rejected by the arbitrator, and by the Union in case its principal contention is rejected by the arbitrator, except, however, that each party shall pay all the fees of its own representatives and witnesses. Any dispute as to whose principal contention is rejected shall be determined by the arbitrator. In the case that both parties’ principal contention is upheld in part, the arbitrator shall designate what part of the costs are to be borne by which party according to the relative merits of each party’s position.

ARTICLE V - DEFINITION

1. This Agreement shall apply to all Heavy and Highway Construction which terms are defined as being all work performed outside of a building, including, but not limited to: Hydroelectric projects, sewage treatment projects, lift and pumping stations for the movement of treatment of sewage, water pollution control treatment plants, water supply, drainage sanitation, reclamation, irrigation and flood control projects; dams, reservoirs, docks, piers, jetties, locks, dikes, levees, channels, breakwaters, harbors, airports, railroads, highways, streets, bridges and similar structures; pile driving, abutments, retaining walls, power plants, transmission lines, duct lines, pipe lines, sewers, water mains, industrial sites, school sites, and athletic fields, including the installation, operating, maintenance and disassembly of construction equipment and plants used in connection with and servicing the aforementioned work, excepting repairs of such nature that they cannot be made by the Employees.

2. Offsite gravel or material pits, the material from which is to be used for a particular project covered by this Agreement shall be operated under the terms of this Agreement when the pit is owned, leased, operated by or under the control of the Prime Contractor or another corporation or company of which the majority ownership is held by the Prime Contractor or its majority owner or owners.

ARTICLE VI - HOURS OF WORK

1. For purposes of determining overtime eight (8) hours shall constitute a day’s work; forty (40) hours shall constitute a week’s work.

2. Normal workday shall consist of eight (8) hours with one-half (½) hour for lunch. The starting time shall be set by the Contractor, which can include flexible starting times by mutual agreement between the Employer and the Union.

3. On operations requiring two (2) shifts, the shift shall be at least eight (8) hours each and scheduled of equal duration. It is understood that there is no guarantee, that on a given day, one shift might not vary due to weather, equipment breakdown or changes in operation schedules.


4. (a) On three (3) shift operations, the first or day shift, shall be of eight (8) hours duration; the second shift shall be of seven and one-half (7½) hours duration, and the third shift shall be of seven (7) hours duration. Each shift shall receive eight (8) hours pay.

(b) On three shift operations, the third shift shall be considered as falling on the same day of the

week as the first and second shift.

5. (a) On multiple shift work, the work week shall start not earlier than 5:00 a.m. The Contractor shall set the starting time.

(b) Special cases of starting time may be set by mutual consent.

(c) All time worked in excess of the normal shift shall be considered overtime.

6. (a) There shall be a twenty-four (24) hour guarantee, Monday through Saturday. If an employee is

called out to work, they are guaranteed twenty-four (24) hours or the number of eight (8) hour days remaining between the day of hiring and Friday, whichever is less. The guarantee may be terminated by layoff prior to completion of the twenty-four (24) hour guarantee. In such case, the employee shall receive at least eight (8) hours pay for each day, from date of hire until the date of shut-down or layoff. Any employee who reports for work at the regularly appointed starting time, unless they have been notified at least eight (8) hours previous to the regular starting time on the day their services are not required, shall be entitled to show-up of two (2) hours at the straight time rate. The employee shall remain on the job for the two (2) hour period unless otherwise directed by the employer. Two (2) hour show-up time shall apply toward the twenty-four (24) hour guarantee. For example, if an employee is called to work on Tuesday and laid off on Thursday, they shall receive at least eight (8) hours pay for Tuesday, at least eight (8) hours pay for Wednesday, and at least two (2) hours pay for Thursday. If an employee is called out to work on Saturday, the provisions of Section 7 shall apply.

(b) A paid holiday not worked may not be used as a basis for make-up time. If an employee takes

time off for their own personal business, their guaranteed work week will be reduced by the number of hours or days off.

7. (a) One and one-half (1½ ) times the rates set forth in this agreement shall be paid for all work in

excess of eight (8) hours per day and in excess of forty (40) hours per week.

(b) All work performed on Saturday shall be paid at the rate of time and one-half (1½).

(c) If an employee is ordered out Saturday and their services are not used, they shall be entitled to a show-up time of two (2) hours at time and one-half. Such employee shall remain on the job for two (2) hour period unless otherwise directed by the Employer.

(d) If such employee reports on the job and works in excess of two (2) hours on a Saturday, they

shall receive four (4) hours pay at time and one-half (1½).


(e) If such employee works in excess of four (4) hours on a Saturday, they shall receive pay for actual hours worked that day at time and one-half (1½).

(f) Show-up time/standby time- actual hours worked shall apply toward the twenty-four (24)

guarantee. Premium pay in excess of the actual hourly rate of pay shall not apply towards the twenty-four guarantee.

8. Four (4) consecutive ten (10) hour days may be worked at straight time Monday thru Thursday, unless

prohibited by law. Friday can be a make-up day at ten (10) hours per day straight time because of inclement weather.

9. FLEXTIME . With respect to any project that is 100% federally funded, awarded by a Federal Agency, the payment of overtime after eight (8) hours will not apply. Overtime will only be required to be paid after forty (40) hours.

10. SINGLE IRREGULAR WORK SHIFT: A single irregular work shift can start any time from 5:00 p.m. to 1:00 a.m. All employees who work a single irregular work shift on government mandated night work shall be paid an additional $2.50 per hour. Section 10 will be effective for work bid on or after July 1, 2019. It is understood and agreed that if the single irregular work shift language is not included in the NYS Department of Labor prevailing wage rate schedules, the premium is waived.

ARTICLE VII - District 106 & 545 PAID HOLIDAYS AND SUNDAYS

1. (a) Paid holidays to be observed are Memorial Day, Independence Day, Labor Day, Thanksgiving

Day, Christmas Day, and New Year’s Day, irrespective of the day of the week on which the holiday may fall. If the holiday falls on Sunday, it will be celebrated on Monday. In the event that employees work on this Sunday holiday, they shall be paid double time. In the event that employees work on Monday, they shall be compensated at double time plus the holiday pay. Accordingly, the Monday following the Sunday is treated as the holiday.

(b) If the holiday falls on a Saturday, it will be celebrated on Saturday. Employees who work a Saturday holiday shall be paid double time plus the holiday pay.

(c) When a holiday falls on a Saturday, the Employer has the option to either work Friday and pay

Saturday as the holiday, or, not work Friday and pay the day in lieu of the holiday. Holiday pay shall be based on eight (8) hours of pay.

2. (a) Any employee laid off within the week in which a holiday falls shall receive holiday pay,

provided the holiday occurs after the date of hire.

(b) Holiday pay shall be paid at the employee’s regular classification.

3. An employee must work the scheduled working day before and the scheduled working day after a holiday to receive holiday pay. However, an employee not able to report because of proven sickness, death in immediate family, or accident shall be entitled to holiday pay.


4. If an employee is ordered out and reports for work on a holiday, set forth in Section 1 above, and does

not start, then they shall be paid a minimum of four (4) hours straight time in addition to the straight time given for said paid holiday. If they starts work on a paid holiday, they shall be paid a minimum of eight (8) hours pay at double time plus the holiday pay.

5. If an employee is ordered out to work on a Sunday and reports on the job but their services are not used, they shall receive a minimum of four (4) hours pay at straight time. If they report on the job and does start to work on a Sunday, they shall receive four (4) hours pay at double time. If such employee works in excess of four (4) hours on Sunday, they shall be paid a minimum of eight (8) hours pay at double time.

DISTRICT 832 - HOLIDAYS

6. Paid holidays to be observed are Memorial Day, Independence Day, Labor Day, Thanksgiving Day,

Christmas Day, and New Year's Day, irrespective of the day of the week on which the holiday may fall. If the holiday falls on Sunday, it will be celebrated on Monday. If an engineer, maintenance engineer or oiler is ordered out to work on a Sunday or the following Holidays - Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, and reports on the job but their services are not used, they shall receive a minimum of four (4) hours pay at straight time. If they report on the job and does start to work, they shall be paid a minimum of four (4) hours pay plus actual hours worked at double time.

ARTICLE VIII – PAY

1. All wages under this Agreement shall be payable on the job every week. Not more than six (6) days pay

shall be held back. Checks, pay stubs and pay envelopes shall show all information required by law, and shall show the Employer’s name. This applies to layoff, termination, etc.

2. If any employee is discharged or laid off or not paid on their regularly scheduled pay day, all accrued wages shall be due and paid immediately, except that an employee may be paid by check mailed within twenty-four (24) hours. If not mailed within twenty-four (24) hours, such employee shall be paid an additional $35.00 for each additional twenty-four (24) hour period the check was not mailed.

3. If the employee leaves their job, they shall not be entitled to receive their pay for such week until the

regular pay day for such work week, and they shall not be entitled to any additional pay for returning to the job in order to collect such pay.

4. Engineers and/or oilers, firemen or maintenance men shall not be laid off on a pay day for any reason, until they have received their pay.


ARTICLE IX - MASTER MECHANICS, MAINTENANCE ENGINEERS, AND FIELD SHOP FOREMEN

1. For each Employer that employs nine (9) or more engineers excluding oilers on any one shift or one

project, a Master Mechanic, competent for the work shall be employed to be responsible under the direction of the Employer for the routine performance of the work of operators, oilers, maintenance and repairs. The Master Mechanic will operate equipment at the discretion of the Employer until such time as the twelfth (12th) engineer (excluding oilers) is employed. The Master Mechanic shall be selected by the Employer from among qualified applicants supplied by the local union having jurisdiction of the project unless otherwise mutually agreed upon. There shall be 100% mobility of the Master Mechanic, provided the Employer notifies the Union by telephone.

2. On jobs where no mechanics are employed, the repair work will be done by the employee or employees assigned to the machine(s), provided they are qualified to do the repair work.

3. On jobs where a Master Mechanic is employed, repair work during the shift may be done by the crew under the general supervision of the Master Mechanic, provided they are qualified to do repair work.

4. Maintenance Engineers shall be employed to do all pipe fitting in connection with hoisting and portable equipment. Maintenance Engineers shall also supervise and install wellpoint systems, shall be employed to do all maintenance burning and welding, preparing and maintaining of all equipment, including vibrators and tampers, tire repair, all gasoline, diesel or electric pumps and all such other work as by custom, has been performed by workmen under the supervision of the Master Mechanic.

5. When a lubrication rig is used on a job, one man shall be designated maintenance lubrication engineer and they shall be responsible for greasing and other similar service work for all designated machines. Such engineer may be assigned other duties if the lubrication rig is not a full time job. The operators and oilers on the job may be directed to lubricate their own machines as part of their regular duties.

6. It shall be within the Employer’s discretion to hire a Field Shop Foreman and/or Assistant Master Mechanic where they deem it necessary. Where a Field Shop Foreman and/or an Assistant Master Mechanic is employed, their rate shall be one-dollar ($1.00) per hour over Classification A.

7. Ownership of transportation shall not be a condition of employment. In the event an Employer rents transportation from an employee covered by this Agreement, the terms of the rental shall be evidenced by a written memorandum, a copy of which will be furnished the Union upon request.

ARTICLE X - OILERS AND FIREMEN

1. An Oiler or Fireman or Second Engineer will be employed at the discretion of the Employer. Their duties shall be to assist the engineer in oiling, greasing, and preparing all machines, giving signals when necessary and changing of buckets and scale boxes. If the Employer determines that a second man is needed, they shall be an oiler. If a second employee is required by the Employer on an auger and/or post driver, they shall be an oiler. When one (1) man operates said machine, they shall be an engineer. If additional help is required for assembly, disassembly, transport, they shall be operating engineers.

2. Where helpers are required on the grease rig, they shall be Engineers.


3. Oilers and maintenance greasemen shall service the machines during the regular lunch period. They shall take their lunch period either before or after the regular lunch period, if so directed by the Employer.

4. The Oiler must have their assigned rig running at the shift starting time. The absence of the assigned oiler shall not prevent the operator from operating, when the absence of the oiler is beyond the Contractor’s control.

ARTICLE XI - TERMINATION, DISCHARGE & MOBILITY

1. After consultation with the Master Mechanic, the Employer is to be the judge as to the satisfactory performance of work but no employee may be discharged for defending the rights of any employee under the terms of this Agreement, or without just cause.

2. Upon completion of their work, the Master Mechanic may be moved by the employer from one project to another within the local union’s jurisdiction. It is further agreed that upon completion of their work any employees covered by the terms of this Agreement may be moved by the Employer from one project to another within the local union’s jurisdiction.

3. Engineers may be moved from one Local Union’s area to another’s as provided for in the KEY EMPLOYEE provision of the I.U.O.E. constitution.

ARTICLE XII -ELECTION DAY

All employees of the Employer shall be allowed time to vote on Election Day as required by law.

ARTICLE XIII - STEWARD

The Union may appoint the Steward and they shall notify the Employer of their selection. The Steward shall not be laid off or discharged without the consent of the Union. They shall be given sufficient time to perform the duties assigned to them by the Union. In case of injury to employee(s) covered by this Agreement, the Steward shall be notified as soon as possible.

ARTICLE XIV - MISCELLANEOUS

1. There shall be unlimited changes on all machines. In the event of a change, the operator shall receive

the rate of the higher machine for the entire day.

2. (a) Electric pumps or submersible pumps need not be manned. In the event that the Employer desires to man electric pumps or submersible pumps, an engineer shall be assigned.

(b) Submersible electric pumps when used in lieu of well points.

3. The maintenance and repair of pumps shall be the work of the Union.

4. Prior to commencement of work, employees covered by this Agreement will be covered by Unemployment, D.B.L. and Workmen’s Compensation Insurance as required by law.


5. The Employer shall obtain and keep in force public liability insurance for property damage and bodily

injury in sufficient amounts as to provide protection or coverage for third party actions arising out of accidents occurring within the scope of the employment of their employees. Upon receipt of a summons and/or complaint involving a third party action arising out of an accident which occurred within the scope of an employee’s employment, the Employer shall provide the employee with a defense to such litigation and pay the cost thereof.

6. The Employer agrees that as soon as a contract for a job has been awarded or within a reasonable time thereafter, but prior to the starting of any job, they will notify the Union of such job award, make arrangements and hold a prejob conference with the Union. This clause shall apply to every job or project undertaken by the Employer.

7. Cleaning of tracks shall be done by the operator or oiler on their equipment; if such persons do not clean them, then the Employer shall assign such work to such other persons as they may elect.

8. (a) Equipment covered by this contract being moved from one local union’s jurisdiction to that of

another under its own power, shall be moved by employees from the area where the equipment had been working. Rented equipment moved by the Employer shall be covered by this clause.

(b) Reasonable expenses for meals, lodging and other actual necessary charges shall be reimbursed to such employees upon furnishing receipts to the Employer.

9. An automated central mix concrete plant using an outside utility power source shall be manned by a Class A operator on the plant, and a Class D operator on the cement storage (2 operators). An automated central mix concrete plant using a generator as its power source shall be manned by a Class A operator on the plant, a Class C operator on the generator, and a Class D operator on cement storage (3 operators).

10. Hands-off equipment shall not be manned. In the event the Employer desires to man this equipment, it shall be the work of the Union. The maintenance and repair of all hands-off equipment shall be the work of the Union. Hands-off equipment includes heaters, compressors, pumps, welding machines, dust collectors, light plants, and generators. 11. WORK AT HAZARDOUS WAS TE SITE. When an Employer covered by this Agreement performs hazardous waste removal work on a State and/or Federally designated waste site, and where relevant State and/or Federal regulations require employees to be furnished and wear the equivalent of Level C or above forms of personal protection, then in such case an employee shall receive their regular hourly rate plus $2.50 per hour, if said premium is included in the prevailing wage rate schedules.

ARTICLE XV - OPERATION OF WELL POINTS

Where well point system and well systems are required, the maintenance, installation and operation shall be the work of the Union. It shall be at the Employer’s discretion whether the system will be manned.


ARTICLE XVI - PILE DRIVING AND SAND DRAINS

1. An operating engineer will assemble the crane, compressor, boiler, or electric or hydraulic power

system (for electric or hydraulic extractor or hammer). Where any combination of and any number of pieces of equipment, including air compressors, welding machines, pumps, power pack for vibratory hammers, and any other typically hands-off equipment relating to pile driving are utilized, then two (2) operators at the Class A rate will be required, unless equipment is utilized through mutual agreement between the Union and the Employer which would only require one operator.

2. An operating engineer will repair diesel hammer when out of leads and unhooked from cables. 3. An operating engineer will replace load cables and run through leads.

ARTICLE XVII - SAFETY

The Union and Employers agree that willful neglect by an employee to obey company safety rules and regulations or to obey safety rules, standards, and regulations prescribed pursuant to the Occupational Safety and Health Act (OSHA) or other governmental regulation or legislation or to use properly such safety devices or equipment as provided by the company may be just cause for discharge. A copy of the company safety program shall be furnished each employee at time of employment. Employee’s signature shall be proof of acknowledgement. Discipline and/or termination may be challenged through the grievance and arbitration procedures of this Agreement. At the time of hire all employees will be required to provide proof of successful completion of the OSHA 10-hour safety training and, if mandated by NYS to comply, the completion of the NYS Certified Excavator Program.

DRUG/ALCOHOL ABUSE POLICY: If an Employer or Employer’s customer requires

drug/alcohol testing as a condition of employment, the person referred to the Employer by the Union may be required to take such a test, providing the test meets Federal and State standards. Also, providing the Employee signs a permission card supplied by the Employer, a copy of which should be sent to the Union. A copy of the company substance abuse program shall be furnished to each employee at time of employment. Employee’s signature shall be proof of acknowledgement.

The parties to this agreement mutually agree to develop and implement procedures including compensation for pre-employment drug testing; to develop and implement procedures for OSHA certification of all employees; to establish a task force on the formation of a labor-management cooperation trust and to develop and implement procedures for workers compensation alternative dispute resolution.

All employees shall observe the contractor’s and/or owner’s rules and regulations including but not limited to, safety, drug testing, cell phone use, smoking, break time, etc.

ARTICLE XVIII - MOST FAVORED EMPLOYER

1. If the Union enters into any agreement with any individual Employer or group of Employers performing

work covered by the terms of this Agreement and that Agreement provides for more favorable wages, hours or conditions to any other Employer, the Employers signatory hereto, after sending written notice of such intention, shall be afforded the privilege to adopt such advantageous terms and conditions.


2. This clause shall not apply to isolated or emergency situations which may occur from time to time under regular job conditions, nor shall this clause apply to any project agreement that is put in place before the bid.

ARTICLE XIX - JURISDICTIONAL DISPUTES

1. The Employer agrees to recognize the jurisdictional claims of the Union that have been established by International Agreements with other crafts, awards made by the AFL-CIO or the Building and Construction Trades Department, awards contained in the “Green Book” or as a result of decisions by the National Joint Board for the Settlement of Jurisdictional Disputes. 2. In recognition of these jurisdictional claims, it is understood that the initial assignment of work, the settlement of jurisdictional disputes with other Building Trades organizations, shall be strictly in accordance with the procedure established by the Impartial Jurisdictional Disputes Board or any successor agency of the Building and Construction Trades Department. 3. When a dispute arises, it shall be submitted to the Impartial Jurisdictional Disputes Board for settlement with the plan adopted by the Building and Construction Trades Department of the AFL-CIO. The parties hereto further agree that they will be bound by the award of decision of the Board and will immediately place same into effect and assign the work in accordance with the Board’s award or decision. 4. There shall be no work stoppage because of jurisdictional disputes. 5. The Union agrees to hold the Employer free and harmless from any cost incurred or resulting from any adjudication resulting from any claim that the Employer assigned work in violation of, or contrary to, the requirements imposed upon them by the provision of this contract dealing with work jurisdiction.

ARTICLE XX - DURATION

This Agreement shall remain in full force and effect from April 1, 2019 to March 31, 2023. It shall be renewed from year to year unless either party serves written notice that it desires to modify or terminate the Agreement at least sixty (60) days prior to March 31, 2023, or sixty (60) days prior to March 31 of any year thereafter.

ARTICLE XXI - SAVINGS CLAUSE

In the event that any State or Federal Statute or Law shall supersede or invalidate any clauses in this Agreement, such Statute or Law shall prevail over any such clause; however, the other provisions of this Agreement shall be valid and remain in full force and effect. In the event that any section or portion thereof shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) days to redraft a new section or portion thereof, which shall be valid and which shall replace that section or portion thereof declared invalid.

ARTICLE XXII - FUND CONTRIBUTIONS

1. (a) The Employer agrees to contribute to the following funds in the proper amount hereinafter set forth in Article XXIX for each actual hours worked:


1. Upstate New York Training Fund’s 158 & 106 2. Upstate New York Engineer’s Health Fund / HRA 3. Upstate New York Engineer’s Pension Fund 4. Central Pension Fund of the International Union of Operating Engineers and Participating

Employer’s (“Central Pension Fund”) 5. Health Reimbursement Account

Such contributions are to be remitted to the proper above mentioned Funds, all of which are located

at 101 Intrepid Lane, Syracuse, New York, 13205 in the mode and manner as determined by the Board of Trustees of each respective fund, pursuant to the terms of Agreements and Declarations of Trusts between the Labor Relations Division, Associated General Contractors of New York State LLC, and Local Unions 17, 463 and 158 of the International Union of Operating Engineers.

(b) It is further agreed that the Employers signatory hereto agree to contribute to the Central Pension Fund the proper amounts hereinafter set forth in Article XXIX for each actual hours worked.

2. Notwithstanding any other provision contained in this Agreement, the parties agree that any Employer who becomes delinquent in the payment of contributions due to the Funds after notice has been served upon such delinquent Employer and the Association, the Employer shall be liable for not only the amount of contributions due, but in addition thereto, any such Employer agrees to pay interest, liquidated damages, costs and fees of collection, of the amount of said delinquency and the costs of an audit if auditing procedures are necessary to ascertain the amount of the delinquencies, all at the rates set forth in the Funds’ Trusts and/or Policies.. The failure of any Employer to make timely and proper contributions and remittances to the Funds shall not relieve any other Employer from making such payments.

3. It is further agreed between the parties hereto that in addition to the provision contained in the preceding paragraph, the Union is granted the unequivocal right, with respect to any delinquent Employer, to declare this Agreement breached and at the option of the Union said Agreement may be considered terminated upon seventy-two (72) hours notice to any such delinquent Employer. In the event that the Unions exercise such option under this section, such delinquent Employer agrees to pay as liquidated damages, each of said Employer’s employees in the collective bargaining unit of the Unions, their regular rate of pay for all time lost from work, plus interest at the State statutory rate, all benefits, including, but not limited to, health benefits and/or contributions for all time lost by the employee(s) from work as a result of the right herein granted to the Union and the action herein taken by the Union for the purposes of recovering delinquent contributions and remittances due the Welfare, Pension, Central Pension Fund, Upstate New York Training Funds 158 & 106, (jointly referred to as the “Funds”) and Dues Assessment to the Union.

4. The parties hereto recognize that the Unions, the Funds, and/or any affiliated Fund may make contributions to the respective Funds for and on behalf of their employees. Such contribution shall be in the same amount and payable in the same manner as are made by other contributing Employers.

5. The Trustees of Upstate New York Engineers Pension Fund adopted a Rehabilitation Plan on June 7,

2010. Thereafter, the Trustees of the Upstate New York Engineers Pension Plan provided to the parties the schedules adopted as part of the Rehabilitation Plan. The parties have negotiated and have adopted the schedule designated in the Rehabilitation Plan as the Preferred Schedule. That schedule is incorporated by reference into this collective bargaining agreement. Pursuant to such schedule, the parties, in addition to agreeing to the revised benefit structures set forth therein, also agree to contributions to the Upstate New York Engineers


Pension Fund as provided for in this agreement, which amounts are no less than those referenced in the Preferred Schedule.

6. The Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, the Upstate New York 106 & 158 Training Funds, and the Central Pension Fund (jointly referred to as "Funds") shall be administered pursuant to provisions of Agreements and Declarations of Trust of the respective Funds, the Collection Policy, the Mistaken Contribution Policy, and the Withdrawal Liability Policy (jointly referred to as "Policies") established by the various Funds’ Trustees, and shall be in compliance with the requirements of State and Federal laws governing and regulating such trusts. Such Agreements and Declarations of Trust and Policies, together with any amendments to the Trusts or Policies, are hereby incorporated herein by reference as if fully set forth herein.

7. The parties to this Collective Bargaining Agreement hereby agree that the signing of this Agreement shall constitute an obligation to be bound by the terms and conditions of said Agreements and Declarations of Trust of the Funds, the Collection Policy, the Withdrawal Policy, and the Mistaken Contribution Policy, as if said Agreements and Declarations of Trust of the Funds and Policies were fully set forth herein and made a part thereof.

8. In the areas of the operation and administration of the Funds and any other areas of responsibility or authority delegated to or reserved to the Funds’ Trustees under the Employee Retirement Income Security Act of 1974 ("ERISA"), including, but not limited to, collection of delinquencies, return of contributions, and the rights and remedies of the Funds when collecting delinquencies, if the terms of this Agreement conflict with the Agreements and Declarations of Trust of the Funds and/or the Policies, the terms and provisions of the Agreements and Declarations of Trust and the Policies will govern and supersede any inconsistent provision of this Agreement.

9. Title to all the monies paid into and/or due and owing to the Health Fund, Pension Fund, S.U.B. Fund,

Training Fund, and Central Pension Fund, and all other Funds identified in this Agreement shall be vested in and remain exclusively in the Trustees of those Funds; unpaid, outstanding and withheld contribution constitute plan assets.

ARTICLE XXIII - SUBCONTRACTING

1. It is agreed by and between the parties hereto, that if the Association, parties hereto, subcontract job site work falling within the terms of this contract, provisions shall be made in each subcontract for the compliance by said subcontractor with terms, conditions of employment, wage supplements and wage rates not less than those contained herein. It is further agreed that prior to the subcontractor starting work, said subcontractor shall be in contractual relations with the Union and will meet with the Union for a prejob conference if requested. The intent of the foregoing clause is to bind the subcontractor to the same contract that the Union has with the general contractor in its entirety, i.e., manning provisions, rates, fringes, etc. It further and specifically means that Operating Engineers will operate all equipment as defined in this Agreement, used by the subcontractor. It is fully intended to protect Contractors and the Operating Engineers that they employ.

2. A subcontractor is defined as any person, firm, partnership, self-employed person or corporation who agrees, under contract, with the general contractor or their subcontractor to perform on the job site any part or portion of the work covered by this Agreement, including the operating of equipment, performance of labor and installation of materials.


3. Notwithstanding anything contained in this Article, the provisions hereof shall not be applicable to a

serviceman of a secondary Employer on the job site for the purpose of performing work on any new construction equipment which is covered by a warranty only for a reasonable period of time with respect to the warranty as to such equipment.

4. An owner/operator renting their machine to a contractor, shall be on said contractor’s payroll as an employee and shall be governed by the terms and conditions of this Agreement. Separate checks shall be paid to the owner/operator for wages and leasing of such equipment.

5. By mutual agreement, an Employer may subcontract to non-signatory specialty subcontractors, and use their best efforts to arrange a pre-job conference.

ARTICLE XXIV - APPRENTICE TRAINING

1. It is the mutual intention of the parties that the Fund referred to in Article XXII of the current Collective

Bargaining Agreement includes, encompasses and specifically provides for the conduct of an Apprentice Training Program.

2. The number of apprentices per project shall be determined at the prejob meeting. Only one (1) first year apprentice per project. The Union will be in compliance with D.O.T. specifications at all times.

3. The following schedules of wages shall be applicable to apprentices:

(a) 0-1,000 hours – 60% of the B rate. (b) 1,001 – 2,000 hours – 70% of the B rate. (c) 2,001 – 3,000 hours – 80% of the B rate. (d) 3,001 – 4,000 hours – 90% of the B rate.

The wages and fringe benefit contributions, and/or dues deductions and political action fund deductions effective July 1, 2019 shall be paid on the effective dates of July 1, 2019, July 1 2020, July 1, 2021 and July 1, 2022. It was agreed upon by both parties that signatory Employers will contribute $0.05/per hour to the IUOE National Training Fund.


Plus the full amount of the applicable fringe benefits for District 545 and District 832. In addition to the above wages, fringe benefits shall be as follows for District 106:

7/1/19-

6/30/20 7/1/20 – 6/30/21

7/1/21 – 6/30/22

7/1/22 – 6/30/23

Health and Welfare $8.10 $8.60 $9.10 $9.60 Pension $5.75 $5.75 $5.75 $5.75 UNYE Supplement $1.35 $1.70 $2.05 $2.40 CPF $5.85 $6.10 $6.35 $6.60 Training $ .80 $ .85 $ .90 $ .95 HRA $ .75 $ .75 $ .75 $ .75 CIRST $0.05 $0.05 $0.05 $0.05 International Training $0.05 $0.05 $0.05 $0.05 Total Fringe Benefits $22.70 $23.85 $25.00 $26.15 Dues Deduction - 3.15% - 3.15% - 3.15% - 3.15% VPAF deduction - $.10 - $.10 - $.10 - $.10

ARTICLE XXV - NONDISCRIMINATION IN EMPLOYMENT

1. The Employer and the Union mutually agree that they will comply and cooperate with all laws, codes,

rules, regulations, executive orders and administrative decisions, whether state or federal, dealing with nondiscrimination in training, membership, employment, job tenure, promotions, and every other matter covered by such laws, codes, etc. not herein expressly mentioned. The Employer shall have the right to conduct systematic and direct recruitment of qualified minority and female applicants should the Union fail to refer sufficient minority and female trainees within forty-eight (48) hours to satisfy specific contractual Equal Employment Opportunity requirements and conditions.

2. It is recognized that there are specific subcontract requirements for D/M/WBE participation in most

public works contracts and that certain exceptions to the subcontracting clause may be required for the Employer to comply with these requirements. Every effort will be made by the Employer to arrange a pre-job meeting with these subcontractors and the Union. It is understood that in no way shall the enforcement of this clause allow other trades to perform the work of this Union.

3. The Union and the Employer are mutually committed to providing a workplace free from discrimination and

sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Article is one of both the Union and the Employer's commitment to a discrimination-free work environment. At the time of hire all employees will be required to provide proof of successful completion of the New York State Sexual Harassment Prevention Policy. In the event the certification cannot be provided by the employee, the employee will be required to successfully complete the employers Sexual Harassment Training Program before being employed on the project


ARTICLE XXVI - STATUS QUO ON CERTAIN EQUIPMENT

1. The parties hereto recognize that the operation of certain equipment and work assignments may raise questions regarding jurisdiction of work in areas of one or more of the local Unions party to this Agreement. The equipment involved is set forth below:

(a) Snorkel (b) Stump Remover (chipper) (c) Blower for burning brush (d) Motorized hydraulic pin puller (e) Motorized hydraulic seeder (f) Concrete Saw (g) Convoying vehicles when convoying Engineer equipment (h) Fueling of equipment

2. Pending final determination by the International Union of Operating Engineers and any other

international union claiming jurisdiction of the above equipment, such equipment and the operation thereof shall remain "status quo" and no permanent assignment shall be made until the decision or agreement between the said International Unions has been made.

3. The decision and/or agreement reached between the International Unions determining the claims shall become a part of this Agreement and shall be final and binding upon the parties hereto.

ARTICLE XXVII - DUES DEDUCTION

1. The Employer shall deduct from the basic wage rate of employees covered by this Agreement, the

amount hereinafter set forth in Article XXIX for each actual hour paid such employees. 2. No deduction shall be made for the Dues for any such employee unless the employee has deposited with

the Employer their copy of an executed authorization form which shall in no event be irrevocable for a period of more than one year or the termination date of this Agreement whichever may be the less.

3. Executed copies of the authorization cards will be kept on file by the Union and the Association (or such other Employer group as this Association and the Union may agree).

4. The Employer assumes no obligation with respect to the obtaining of authorization cards, it being understood that this is a duty and obligation of the Union.

5. The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits or

other forms of liability that shall arise out of or by reason of action taken or not taken by the Company in reliance upon work assessment authorization cards furnished by the Employees and/or Union.

6. An Employer in violation of this clause and delinquent in remitting monies to the Dues Assessment

Program is liable for interest and liquidated damages at the rates established by the Joint Board of Trustees for the unpaid and untimely paid monies, attorneys’ fees and costs, and other costs and expense incurred and arising in the collection of the delinquency.


ARTICLE XXVIII – OWNER MANDATED REQUIREMENTS

All employees shall observe the contractor’s and/or owner’s rules and regulations including but not limited to, safety, drug testing, cell phone use, smoking, break time, etc.

ARTICLE XXIX - CONSTRUCTION INDUSTRY RESEARCH AND SERIC TRUST FUND

Effective 7/1/2015 the Employer shall contribute $.05 per hour for each hour worked for which employees

receive wages under the terms of this agreement into the Upstate New York IUOE Construction Industry Research and Service Trust (“CIRST”). It is understood and agreed that the Employer shall be bound by the terms and provision of the Agreement and Declaration of Trust of the CIRST, and all amendments heretofore and hereafter thereto, as though the same were fully incorporated herein. The Employer agrees to fully incorporate, as if written herein, the articles under Trust Funds found elsewhere within this agreement.

ARTICLE XXX - WAGE RATES AND CLASSIFICATIONS

1. Set forth below are the agreed upon wage classifications for this Agreement: 2. Master Mechanic (guaranteed 40 hours per week Monday through Friday). 3. Tower Cranes will be manned by two (2) Class A operators who will receive $4.00 per hour over the

Class A rate. Tower cranes to include stationary, rail mounted, truck or carrier mounted and crawler mounted, hydraulic or friction. For any mode of power, crew to be assigned to crane upon start of erection and will be employed until crane is dismantled and shipped off job. A Maintenance Engineer (Mechanic) will be employed to assist assembly, jacking of crane and disassembly. One operator is required on any Potain HDT 80 self-erecting mobile tower crane or similar.

4. Crane Rates

Crane 1: All tower cranes, including self erecting to be paid $4.00 per hour over the Class A rate Crane 2: All Lattice Boom Cranes and all other cranes with a manufacturer’s rating of fifty (50) ton and over, to be paid $3.00 per hour over Class A rate. Crane 3: All hydraulic cranes and derricks with a manufacturer’s rating of 49 ton and below, including boom trucks, to be paid $2.00 per hour over Class A rate Crane rates apply when a Certificate of Competence is required by the New York State Department of Labor.

CLASSIFICATION A:

Asphalt Curb Machine, Self Propelled, Slipform Asphalt Paver Automated Concrete Spreader (CMI Type) Automatic Fine Grader Backhoe (Except Tractor Mounted, Rubber Tired) Backhoe Excavator Full Swing (CAT 212 or similar type) Back Filling Machine Belt Placer (CMI Type) Blacktop Plant (Automated) Boom truck


Bull Dozer being operated with active GPS Cableway Caisson Auger Central Mix Concrete Plant (Automated) Concrete Curb Machine, Self Propelled, Slipform Concrete Pump Crane Cherry Picker Derricks (steel erection) Dragline Overhead Crane (Gantry or Straddle type) Pile Driver Truck Crane Directional Drilling Machine Dredge Dual Drum Paver Excavator (All PurposeHydraulically Operated) (Gradall or Similar) Front End Loader ( 4 cu. yd. and Over) Head Tower (Sauerman or Equal) Hoist (Two or Three Drum) Holland Loader Maintenance Engineer Mine Hoist Mucking Machine or Mole Pavement Breaker(SP) Wertgen; PB-4 and similar type Power Grader Profiler (over 105 H.P.) Quad 9 Quarry Master (or equivalent) Scraper Shovel Side Boom Slip Form Paver (If a second man is needed, they shall be an Oiler) Tractor Drawn BeltType Loader Truck or Trailer Mounted Log Chipper (Self Feeder) Tug Operator (Manned Rented Equipment Excluded) Tunnel Shovel

CLASSIFICATION B:

Backhoe (Tractor Mounted, Rubber Tired) Bituminous Recycler Machine Bituminous Spreader and Mixer Blacktop Plant (NonAutomated) Blast or Rotary Drill (Truck or Tractor Mounted) Boring Machine Brokk


Cage Hoist Central Mix Plant (NonAutomated) and All Concrete Batching Plants Concrete Paver (Over 16S) Crawler Drill, Self-contained Crusher Diesel Power Unit Drill Rigs, Tractor Mounted Front End Loader (Under 4 cu. yd.) Greaseman/Lubrication Engineer HiPressure Boiler (15 lbs. and over) Hoist (One Drum) Hydro-Axe Kolman Plant Loader and Similar Type Loaders (If Employer requires another man to clean the screen or to maintain the equipment, they shall be

an Oiler) L.C.M. Work Boat Operator Locomotive Material Handling Knuckle Boom Mini Excavators under 18,000 lbs. Mixer (for stabilized base selfpropelled) Monorail Machine Plant Engineer Profiler (105 H.P. and under) Pug Mill Prentice Loader Pump Crete Ready Mix Concrete Plant Refrigeration Equipment (for soil stabilization) Road Widener Roller (all above subgrade) Sea Mule Self-contained Ride-on Rock Drill, Excluding Air-Track Type Drill Skidder Tractor with Dozer and/or Pusher Trencher Tugger Hoist Vacuum machine – mounted or towed Vermeer saw (ride on, any size or type) Welder Winch Winch Cat


CLASSIFICATION C:

A Frame Winch Hoist on Truck Articulated Heavy Hauler Aggregate Plant Asphalt or Concrete Grooving Machine (ride on) Ballast Regulator, Ride-on Boiler (used in conjunction with production) Bituminous Heater, self-propelled Boat (powered) Cement and Bin Operator Compressors, Dust Collectors, Generators, Pumps, Welding Machines, Light Plants, Heaters (hands-off equipment) Concrete Pavement Spreader and Finisher Concrete Paver or Mixer (16S and under) Concrete Saw (self-propelled) Conveyor Deck Hand Directional Drill Machine Locator Drill, Core Drill, Well Farm Tractor with accessories Fine Grade Machine Fireman Fork Lift Form Tamper Grout Pump Gunite Machine Hammers (Hydraulic self-propelled) Hydra-Spiker, ride-on Hydraulic Pump (jacking system) Hydro-Blaster (Water) Mulching Machine Oiler Parapet Concrete or Pavement Grinder Post Hole Digger and Post Driver Power Broom (towed) Power Heaterman Power Sweeper Revinius Widener Roller (Grade and Fill) Scarifier, ride-on Shell Winder Skid steer loader (Bobcat or similar) Span-Saw, ride-on Steam Cleaner


Tamper, ride-on Tie Extractor, ride-on Tie Handler, ride-on Tie Inserter, ride-on Tie Spacer, ride-on Tire Repair Track Liner, ride-on Tractor Tractor (with towed accessories) Vibratory Compactor Vibro Tamp Well Point

2. In the event that equipment listed under Article XXIX of this Agreement or any other equipment which

traditionally has been the work of Operating Engineers is operated by Robotic Control, the operation of said equipment shall remain the work of the Operating Engineers and the classification covering the operation will be the same as if manually operated.

3. Set forth below are the agreed-upon wages, fringe benefit contributions, and/or dues deductions, and

voluntary political action fund deductions effective July 1, 2019. Four year agreement with wage incrase in the wges set forth below starting on July 1, 2019 as follows:

7/1/19 – increase $2.55 on A Classification 7/1/20 – increase $2.60 on A Classification 7/1/21 – increase $2.70 on A Classification 7/1/22 – increase $2.75 on A Classification


DISTRICT 106 LRD/AGC INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 158

2019 – 2023 Heavy & Highway Wage Rate Schedule

Effective Dates July 1, 2019 - June 30, 2020

Classification Wage Welfare Pension

Fund UNYE Suppl. TRNG CPF HRA CIRST

Int’l TRNG Total

*Dues Ded. *VPAF

Total per hour

Master Mechanic $46.43 $8.10 $7.95 $1.35 $1.10 $7.35 $1.35 $0.05 $0.05 $27.30 -3.15% -$0.10 $73.73

Class A $44.82 $8.10 $7.95 $1.35 $1.10 $7.35 $1.35 $0.05 $0.05 $27.30 -3.15% -$0.10 $72.12

Class B $43.91 $8.10 $7.95 $1.35 $1.10 $7.35 $1.35 $0.05 $0.05 $27.30 -3.15% -$0.10 $71.21

Class C $41.34 $8.10 $7.95 $1.35 $1.10 $7.35 $1.35 $0.05 $0.05 $27.30 -3.15% -$0.10 $68.64




Int’l TRNG Total

*Dues Ded. *VPAF

Total per hour

Master Mechanic $47.88 $8.60 $7.95 $1.70 $1.15 $7.60 $1.35 $0.05 $0.05 $28.45 -3.15% -$0.10 $76.33

Class A $46.27 $8.60 $7.95 $1.70 $1.15 $7.60 $1.35 $0.05 $0.05 $28.45 -3.15% -$0.10 $74.72

Class B $45.36 $8.60 $7.95 $1.70 $1.15 $7.60 $1.35 $0.05 $0.05 $28.45 -3.15% -$0.10 $73.81

Class C $42.79 $8.60 $7.95 $1.70 $1.15 $7.60 $1.35 $0.05 $0.05 $28.45 -3.15% -$0.10 $71.24




Int’l TRNG Total

*Dues Ded. *VPAF

Total per hour

Master Mechanic $49.43 $9.10 $7.95 $2.05 $1.20 $7.85 $1.35 $0.05 $0.05 $29.60 -3.15% -$0.10 $79.03

Class A $47.82 $9.10 $7.95 $2.05 $1.20 $7.85 $1.35 $0.05 $0.05 $29.60 -3.15% -$0.10 $77.42

Class B $46.91 $9.10 $7.95 $2.05 $1.20 $7.85 $1.35 $0.05 $0.05 $29.60 -3.15% -$0.10 $76.51

Class C $44.34 $9.10 $7.95 $2.05 $1.20 $7.85 $1.35 $0.05 $0.05 $29.60 -3.15% -$0.10 $73.94




Int’l TRNG Total

*Dues Ded. *VPAF

Total per hour

Master Mechanic $51.03 $9.60 $7.95 $2.40 $1.25 $8.10 $1.35 $0.05 $0.05 $30.75 -3.15% -$0.10 $81.78

Class A $49.42 $9.60 $7.95 $2.40 $1.25 $8.10 $1.35 $0.05 $0.05 $30.75 -3.15% -$0.10 $80.17

Class B $48.51 $9.60 $7.95 $2.40 $1.25 $8.10 $1.35 $0.05 $0.05 $30.75 -3.15% -$0.10 $79.26

Class C $45.94 $9.60 $7.95 $2.40 $1.25 $8.10 $1.35 $0.05 $0.05 $30.75 -3.15% -$0.10 $76.69

* Applies to the following Counties: Albany, Broome, Chenango, Clinton, Columbia, Northern part of Dutchess (to the northern boundary line of City of Poughkeepsie then due east to Route 115 to Bedelt Road then east along Bedelt Road to VanWagner Road then north along VanWagner Road to Bower Road then east along Bower Road to Rte. 44 east to Route 343 then along Route 343 east to the northern boundary of Town of Dover Plains and east along the northern boundary of Town of Dover Plains to Connecticut), Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Tioga, Warren and Washington. The wage and fringe benefit contributions, and/or dues deductions and political action fund deductions effective July 1, 2019 shall be paid on the effective dates of July 1, 2019, July 1, 2020, July 1, 2021 and July 1, 2022.


DISTRICT 545 LRD/AGC INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 158

2015-2019-2023 Heavy & Highway Wage Rate Schedule



Fund

UNYE Pension

Supp Training CPF HRA CIRST Int’l

TRNG Total *Dues

Deduction *VPAF

Total per

hour Master Mechanic $44.90 $8.10 $8.50 $1.35 $1.25 $6.50 $1.35 $0.05 $0.05 $27.15 -3.15% -$0.10 $72.05

Class A $43.55 $8.10 $8.50 $1.35 $1.25 $6.50 $1.35 $0.05 $0.05 $27.15 -3.15% -$0.10 $70.70

Class B $42.67 $8.10 $8.50 $1.35 $1.25 $6.50 $1.35 $0.05 $0.05 $27.15 -3.15% -$0.10 $69.82

Class C $39.39 $8.10 $8.50 $1.35 $1.25 $6.50 $1.35 $0.05 $0.05 $27.15 -3.15% -$0.10 $66.54



Fund

UNYE Pension


TRNG Total *Dues

Deduction *VPAF

Total per


Class A $45.00 $8.60 $8.50 $1.70 $1.30 $6.75 $1.35 $0.05 $0.05 $28.30 -3.15% -$0.10 $73.30

Class B $44.12 $8.60 $8.50 $1.70 $1.30 $6.75 $1.35 $0.05 $0.05 $28.30 -3.15% -$0.10 $72.42

Class C $40.84 $8.60 $8.50 $1.70 $1.30 $6.75 $1.35 $0.05 $0.05 $28.30 -3.15% -$0.10 $69.14



Fund

UNYE Pension


TRNG Total *Dues

Deduction *VPAF

Total per


Class A $46.55 $9.10 $8.50 $2.05 $1.35 $7.00 $1.35 $0.05 $0.05 $29.45 -3.15% -$0.10 $76.00

Class B $45.67 $9.10 $8.50 $2.05 $1.35 $7.00 $1.35 $0.05 $0.05 $29.45 -3.15% -$0.10 $75.12

Class C $42.39 $9.10 $8.50 $2.05 $1.35 $7.00 $1.35 $0.05 $0.05 $29.45 -3.15% -$0.10 $71.84



Fund

UNYE Pension


TRNG Total *Dues

Deduction *VPAF

Total per


Class A $48.15 $9.60 $8.50 $2.40 $1.40 $7.25 $1.35 $0.05 $0.05 $30.60 -3.15% -$0.10 $78.75

Class B $47.27 $9.60 $8.50 $2.40 $1.40 $7.25 $1.35 $0.05 $0.05 $30.60 -3.15% -$0.10 $77.87

Class C $43.99 $9.60 $8.50 $2.40 $1.40 $7.25 $1.35 $0.05 $0.05 $30.60 -3.15% -$0.10 $74.59 * Applies to the following Counties: Cayuga, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Seneca and Tompkins. The wage and fringe benefit contributions, and/or dues deductions and political action fund deductions effective July 1, 2019 shall be paid on the effective dates of July 1, 2019, July 1, 2020, July 1, 2021 and July 1, 2022.


DISTRICT 832 LRD/AGC

INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 158 2019-2023 Heavy & Highway Wage Rate Schedule

Classification 7/1/2019 7/1/2020 7/1/2021 7/1/2022 Crane 1 $46.86 $48.31 $49.86 $51.46 Crane 2 $45.86 $47.31 $48.86 $50.46 Crane 3 $44.86 $46.31 $47.86 $49.46 Master Mechanic $44.29 $45.74 $47.29 $48.89 Class A $42.86 $44.31 $45.86 $47.46 Class B $42.15 $43.60 $45.15 $46.75 Class C $39.29 $40.74 $42.29 $43.89 Fringe Benefits, Contributions and Deductions Welfare $8.10 $8.60 $9.10 $9.60 Pension $9.65 $9.65 $9.65 $9.65 Pension Supp. $1.35 $1.70 $2.05 $2.40 CPF $7.10 $7.35 $7.60 $7.85 HRA $1.75 $1.75 $1.75 $1.75 Training $1.45 $1.50 $1.55 $1.60 CIRST $0.05 $0.05 $0.05 $0.05 UNICON $0.13 $0.13 $0.13 $0.13 Int’l Training $0.05 $0.05 $0.05 $0.05 Dues Ded. -3.15% -3.15% -3.15% -3.15% VPAF $-0.10 $-0.10 $-0.10 $-0.10 * Applies to the following Counties: Allegany, Chemung, Livingston, Monroe, Ontario, Schuyler, Steuben, Wayne, Yates, and the Eastern part of Genesee (including the City of Batavia) The wage and fringe benefit contributions, and/or dues deductions and political action fund deductions effective July 1, 2019 shall be paid on the effective dates of July 1, 2019, July 1, 2020, July 1, 2021 and July 1, 2022.


INDIVIDUAL EMPLOYER The undersigned Employer doing business as _________________________________________ ______________________________________________________________________________ _____________________________________________________ and having principal offices at _________________________________________________________________________________ _________________________________________________________________________________ has read and is fully familiar with all of the terms of this Agreement by and between the LABOR RELATIONS DIVISION, ALBANY REGION, ROCHESTER REGION, CENTRAL NEW YORK REGION, ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE LLC. (hereinafter referred to as the "Association"), and the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION 158 dated the 1st day of April, 2019, between the same parties and agrees to adhere to and be bound by all the terms thereof, as well as revisions and amendments adopted pursuant thereto. The Employer agrees to become signatory to the Trust Agreements, as amended, establishing the Welfare, Pension, and the Training and Skill Improvement Funds of the said local unions and the Employer designates as its Representatives and Trustees on said Funds, the Trustees selected by the above "Association" now serving or who may in the future serve as vacancies occur. Name of Firm By:____________________________________________________ An Authorized Officer, Title _______________________________________________________ Firm Street Address _______________________________________________________ City and State _______________________________________________________ Telephone Number Local Union:___________________________________________ By:____________________________________________________ Authorized Representative Date:___________________________________________________ UNION COPY


INDIVIDUAL EMPLOYER

The undersigned Employer doing business as __________________________________________ ________________________________________________________________________________ ______________and having principal offices at ________________________________________ ______________________________________________________________________________ has read and is fully familiar with all of the terms of this Agreement by and between the LABOR RELATIONS DIVISION, ALBANY REGION, ROCHESTER REGION, CENTRAL NEW YORK REGION, ASSOCIATED GENERAL CONTRACTORS OF NEW YORK STATE LLC. (hereinafter referred to as the "Association"), and the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION 158 dated the 1st day of April, 2019, between the same parties and agrees to adhere to and be bound by all the terms thereof, as well as revisions and amendments adopted pursuant thereto. The Employer agrees to become signatory to the Trust Agreements, as amended, establishing the Welfare, Pension, and the Training and Skill Improvement Funds of the said local unions and the Employer designates as its Representatives and Trustees on said funds, the Trustees selected by the above "Association" now serving or who may in the future serve as vacancies occur. Name of Firm By:_______________________________________________ An Authorized Officer, Title __________________________________________________ Firm Street Address __________________________________________________ City and State __________________________________________________ Telephone Number Local Union:______________________________________ By:_______________________________________________ Authorized Representative Date:_____________________________________________ LRD/AGC COPY (Local 158) 10 Airline Drive, Suite 203 Albany, NY 12205

OPERATING ENGINEERS

TECHNICAL

-

Up-State New York Technical Engineers Agreement

2016-2021

between

Independent Employers and

International Union of Operating Engineers Locals 17, 463, & 158

Administered by:

IUOE Local 17, 463, & 158

-

Technical Engineer Administrative Offices

Local 17 – Norm Noon, Business Manager

Buffalo (716) 627-2648

Local 158 – Daniel J. McGraw, Business Manager Albany (518) 431-0600

Local 463 – Paul McCollum, Business Manager

Niagara Falls (716) 434-3327 I

-

ARTICLES OF AGREEMENT ARTICLE PAGE ARTICLE 1 - GENERAL CONDITIONS 1.01 Declaration of Principals .01 Agreement .............................................................................................................. 1 .02 Parties ..................................................................................................................... 1 .03 Purpose ................................................................................................................... 1 .04 Principles ............................................................................................................... 1 1.02 Territorial Jurisdiction .01 Territorial Jurisdiction ............................................................................................. 2 1.03 Work Jurisdiction and Description .01 Type of Work Covered ............................................................................................ 2 .02 Employees Involved ................................................................................................ 2 .03 Jurisdiction Description ........................................................................................... 3 .04 Exclusion ................................................................................................................. 3 1.04 Work Type Definition .01 Work Type .............................................................................................................. 3 .02 Preliminary Surveying ……………………………………………………………………3 .03 Work Definition ........................................................................................................ 3 1.05 Employee Classification Description .01 Chief of Survey........................................................................................................ 4 .02 Party Chief ............................................................................................................. 4 .03 Instrument Person ………………………………………………………………………. 4 .04 Rod Person ………………………………………………………………………………. 4 .05 Apprentice .............................................................................................................. 4 1.06 Crew Make-up and Size .01 Crew Make-up ......................................................................................................... 4 .02 Crew Size ................................................................................................................ 4 .03 Chief of Survey ....................................................................................................... 4 1.07 Sub-Contracting .01 Subcontract Agreement .......................................................................................... 4 .02 Subcontractor Definition .......................................................................................... 5 1.08 Jurisdictional Disputes .01 Governing Authorities .............................................................................................. 5 .02 Work Assignment .................................................................................................... 5 1.09 Duration of Agreement .01 Duration .................................................................................................................. 5 1.10 Savings Clause .01 Savings Clause ....................................................................................................... 5

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ARTICLE PAGE ARTICLE 2 -WORKING CONDITIONS 2.01 Hiring Employees and Union Membership .01 Employee Source ................................................................................................... 6

.02 Union Notification .................................................................................................... 6 .03 Union Membership Requirement ............................................................................ 6 .04 Pre-Job Conference ................................................................................................ 6 .05 Job Site Visitation .................................................................................................... 6 .06 Steward .................................................................................................................. 6

.07 Picket Lines ............................................................................................................. 6 .08 Non- Discrimination ................................................................................................. 7 2.02 Apprentice and Training .01 Joint Apprenticeship Committee ............................................................................. 7 .02 Training Standards ................................................................................................. 7

.03 Upgrading .............................................................................................................. 7 .04 Purpose .................................................................................................................. 7 .05 Qualifications .......................................................................................................... 7 .06 Continuing Education ............................................................................................. 7 .07 Wage Classifications .............................................................................................. 8

2.03 Hours of Work and Overtime .01 Hours of Work ......................................................................................................... 8 .02 Starting Time and Overtime ................................................................................... 8 .03 Two Shift Operation ............................................................................................... 8 .04 Three Shift Operation .............................................................................................. 8

2.04 Guaranteed Work Week .01 Twenty-Four Hour Guarantee ................................................................................. 8 .02 Mid-Week Hire ....................................................................................................... 9 .03 Personal Time Off ................................................................................................... 9 .04 Election Day ............................................................................................................ 9

2.05 Paid Holidays and Sundays .01 Paid Holidays ......................................................................................................... 9 .02 Layoff During Holiday Week .................................................................................... 9 .03 Before and After Work Day Requirement ............................................................... 9 .04 Holiday Work .......................................................................................................... 9 .05 Saturday Work ....................................................................................................... 9 .06 Sunday Work .......................................................................................................... 9

2.06 Paydays .01 Pay Withheld .......................................................................................................... 10 .02 Involuntary Termination and Layoff ........................................................................ 10

.03 Voluntary Termination ............................................................................................. 10

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ARTICLE PAGE 2.07 Safety Clause .01 Work Safety ............................................................................................................ 10 .02 Safety Rules ........................................................................................................... 10 .03 Safety Committee ................................................................................................... 10 .04 Employee Neglect ................................. ................................................................. 10 .05 Substance Abuse ................................................................................................... 10 .06 Joint Policy on Substance Abuse ............................................................................ 11

2.08 Arbitration of Disputes .01 Work Slowdown or Stoppage ................................................................................. 11 .02 Grievance Procedure ............................................................................................. 11 .03 Grievance Procedure Rules ................................................................................... 11 .04 Employee Rights ..................................................................................................... 12 .05 Wages, Hours & Fringe Benefits ............................................................................. 12

.06 Arbitration Costs ...................................................................................................... 12 2.09 Termination and Discharge .01 Qualifications........................................................................................................... 12 .02 Voluntary Termination Restrictions ......................................................................... 12 .03 Termination and Arbitration ..................................................................................... 12

ARTICLE 3 - FRINGE BENEFITS 3.01 Benefit Fund Overview .01 Employee Benefit Funds ........................................................................................ 13 .02 Benefit Fund Management ...................................................................................... 13

.03 Delinquency ............................................................................................................ 13 .04 Red Zone Pension Plan …………………………………………………………………13 .05 Agreement Termination for Delinquency ................................................................ 14 .06 Union and Benefit Fund Rights .............................................................................. 14 .07 Local 158 District 106 Training and Apprenticeship Fund ....................................... 14 .08 Local 17 Training Fund ........................................................................................... 15

.09 Local 17 Supplementary Unemployment Insurance Benefit Fund Contribution……16 .10 Construction Industry Research and Service Trust Fund……………………………..16 ARTICLE 4 -WAGE AND BENEFIT SCHEDULE 4.01 Wage and Benefit Schedule for Local 158 & 463 ................................................... 17 4.02 Wage and Benefit Schedule for Local 17D ............................................................ 18 4.03 Supplemental Pay .01 Tunnels ................................................................................................................... 19 .02 Hazardous Waste .................................................................................................... 19 4.04 Employee Deductions .01 Employee Deductions............. ................................................................................ 19 4.05 Apprentice Rates & Fringe Benefit Schedule .01 Local 158 & 463 Apprentice Rates & Fringe Benefits ............................................ 20 .02 Local 17 D Apprentice Rates & Fringe Benefits……………………………………….21 ARTICLE 5 - SIGNATURES 5.01 For the Union .......................................................................................................... 22 5.02 For the Employer ..................................................................................................... 22

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ARTICLE 1 GENERAL CONDITIONS

Article I- Section 01

Declaration of Principles 1.01.01 AGREEMENT -This Agreement entered into the 1st day of April, 2016 by and between Independent Employers as subscribed below, hereinafter known as the Employer of Parties of the First Part, and the International Union of Operating Engineers Locals 17, 463, & 158, hereinafter known as the Union, or Parties of the Second Part, and shall continue in full force and effect through the 31st day of March, 2021 unless changed by mutual consent as provided hereinafter and thereafter as provided by Article 1, Section 09, Paragraph 01. 1.01.02 PARTIES - Any one of the individual Parties comprising either the Parties of the First or Second Parts may, without joining with him the other Parties, make any claim, invoke any right or take any action proper to be taken hereunder in order to enforce any right given by this Agreement. It is intended that every right given individually to every one of the individual parties making up the Parties to this Agreement enforcing the same as though such party was named as the sole party to this Agreement. 1.01.03 PURPOSE - This Agreement is entered into to prevent strikes and lockouts; to facilitate peaceful adjustment of grievances and disputes between Employer and Employee; to prevent waste, unnecessary and unavoidable delays and the results through them to the Employer of costs and expense and to the Employee of loss of wages; to enable the Employer to secure at all times sufficient forces of skilled workmen; to provide as far as possible for the continuous employment of labor, to provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon by reason of this Agreement and the purpose and intent thereof, to bring about stable conditions in the Industry, keep costs of work in the Industry as low as possible consistent with fair wages and proper working conditions, as provided for thereunder; and further to establish and set up the necessary procedure for amicable adjustment of all disputes or questions that may arise between the Parties, or any of them so that the foregoing purposes may be brought about and accomplished. 1.01.04 PRINCIPLES - Both Parties to the Agreement believe that a uniform Agreement, if adopted by the Unions and the Employers engaged in heavy and building construction industry would further the interest of this industry, and further believe that such a uniform agreement should contain the following principles: (a) That there should be no limitations to the amount of work a man shall perform during his working day, it being understood that the workman shall perform a fair and honest day's work. (b) That there shall be no restriction of the use of machinery, tools or appliances. (c) That no person shall have the right to interfere with the workman during working hours.

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(d) If any of the Parties of the First Part engage in any class of work not embodied in building and heavy construction as hereinafter defined, then this Agreement Is of no force or effect on any such contract. (e) Nothing contained in this Agreement shall prevent any employee of one classification from performing the duties of any other classification and also performing other duties when not engaged In work covered by this Agreement. Article 1 Section 01.03 (Purpose) and 1.04 (Principles) are an integral part of this Agreement and all parties agree to abide by and be bound by the language contained in said sections. It is agreed that

the Declaration of Principles herein above set forth Is a part of this Agreement and said principles shall be complied with and govern all parties hereto in the performance of the provisions of this Agreement.

Article I - Section 02 Territorial Jurisdiction

1.02.01 TERRITORIAL JURISDICTION The counties of: Albany, Allegheny, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Erie, Essex, Franklin, Fulton, Genesee, Green, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Otsego, Oswego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates;. also the northern part of Duchess (to the northern boundary line of the City of Poughkeepsie).

Article 1 - Section 03 Work Jurisdiction and Description

1.03.01 TYPE OF WORK COVERED - This Agreement shall apply to all qualified surveying employees and licensed land surveyors customarily and regularly engaged in building and heavy construction surveys. 1.03.02 EMPLOYEES INVOLVED - This Agreement shall apply to all Employees engaged in surveying and preliminary surveying performed by the Employer as work described within the below mentioned "Work Definition" (1.04.03). All employees involved in the performance of any of the following tasks: measuring of angles and distances, recording information, calculations, clearing sight lines, driving stakes, and any related work that is normal and routinely performed by field survey employees.

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1.03.03 JURISDICTION DESCRIPTION - Including but not limited to: the work of establishing or re-establishing base lines, center and offset lines; establishing bench marks and the transferring of grades and elevations; the setting of offset, top and toe of slopes, and the establishing of right-of -way, control points and lines; the cross sectioning of areas and all that necessary work of clearing obstructions on survey; the driving of all stakes, pin hubs and spikes, layout of transverse concrete paving joints, including the snapping of all lines in connection with the above work. All instruments, including optical and electronic line, distance and grade devices used in connection with the above work shall be set up, taken down, and when necessary, operated by Technical Engineers covered by this Agreement. To include technological advances in the field of survey; the installation, calibration of G.P.S. as well as the maintenance and use of D.T.M., D.W.G., T.I.N, or similar type files used in these applications and drones when used for modeling or to perform bargaining unit work. Any type of ground marks (nails, stakes) initially generated by GPS method. When it is necessary to install or replace pins, clamps, arms and stringing of wire for the operation of machines controlled by sensors Technical Engineers jurisdiction terminates at the point which precise measurement by surveying instruments has ended. The residual work remaining is not claimed by the Union or survey party. 1.03.04 EXCLUSION - This Agreement excludes licensed professional engineers. Executives, administrators, supervisors to be limited to initial set-up and/or two (2) hours or less per day of bargaining unit work. This Agreement shall not apply to any field survey work beyond the direct control of the Employer, or when the owner requires a specific licensed land surveyor or licensed professional engineer to check or verify any work.

Article 1- Section 04 Work Type Definition

1.04.01 WORK TYPE - Building and Heavy Construction Surveying, where referred to in this agreement, is defined as work performed within the scope of the project construction agreement including verification of location and elevations when necessary. 1.04.02 Preliminary Surveying for feasibility or design of route locations for highways, railroads, pipelines, transmission lines, as well as water supply projects, dams, reservoirs, breakwaters docks, harbors, industrial sites and similar project. 1.04.03 WORK DEFINITION - All work shall include, but not be limited to, airports, buildings, railroad, and street railway construction projects, highways, streets, sewers, water mains, grade separation, foundations, pile driving, piers, abutments, retaining walls, viaducts, shafts, tunnels, subways, track elevation, elevation highways, drainage projects, sanitation projects, aqueducts, Irrigation projects, reservoirs, flood control projects, reclamation projects, water supply projects, water power development, hydroelectric developments, transmission lines, duct lines, pipelines, locks, dams, dikes, levees, channels, channel cut offs, intakes, dredging projects, jetties, breakwaters, docks, harbors, industrial and hazardous waste sites.

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Article 1- Section 05 Employee Classification

1.05.01 CHIEF OF SURVEY - One who directs the activities of several survey crews, organizes the field work and may act as a working Party Chief. 1.05.02 PARTY CHIEF - One who directs a survey party works independently with minimal supervision. Has a good understanding of all phases of the survey. Can perform a broad variety of survey calculations related to vertical and horizontal location. Can make judgments as to quality and acceptable field accuracy and can supervise other employees in the performance of the work. 1.05.03 INSTRUMENT PERSON - One who operates the surveying instruments for measurements. Understands proper care and handling and adjustments of surveying instruments is knowledgeable of a variety of surveying techniques and assists the Party Chief by checking calculations and recording notes. One who uses tapes, rods and hand tools for measurements. assists the survey crew and has a good understanding of all survey tasks including 3D Modeling and computer generation. 1.05.04 ROD PERSON – One who has a basic knowledge of survey operations. Should have a working knowledge of a prism pole, level rod, plumb bob and be able to assist the party chief and/or instrument person with survey measurements. Duties should not include decision making or operating surveying instruments. 1.05.05 APPRENTICE - One who is registered in the formal apprentice training program while assisting the survey party in its duties.

Article 1 - Section 06 Crew Make-Up and Size

1.06.01 CREW MAKE UP - Each survey crew shall be directed by and contain a Party Chief. Subsequent crew members shall be Instrument or Rod person. 1.06.02 CREW SIZE - The Employer shall have the right to determine the size of survey crew. 106.03 CHIEF OF SURVEY - When a combination of more than seven Party Chiefs and Instrument or Rod person or Apprentices are employed on one project by one employer a working Chief of Survey shall be employed to direct and assist the survey crews. The Chief of Survey shall be paid one dollar per hour above the current Party Chief rate.

Article 1- Section 07 Subcontracting

1.07.01 SUBCONTRACT AGREEMENT - The Employer agrees that should any part or portion of the work covered by this Agreement be sublet to any other employer or sub-employer, the provisions of this Agreement shall be binding upon and applicable to all work performed by said other employer or sub-employer. It is further agreed that prior to the sub-employers starting work they shall be in contractual relation with the Union.

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1.07.02 SUBCONTRACTOR DEFINITION - A sub employer is defined as any person, firm, partnership, self-employed person or corporation who agrees, under contract, with the Employer to perform on the job site any part or portion of the work covered by this Agreement. 1.07.03 In the event the Employer subcontracts the work to be performed by employee licensed land surveyors it shall be subcontracted only to firms or persons who are bound to this Agreement. If there are no signatory contractors available, the Employer may contract with non-signatory licensed land surveyor companies.

Article 1- Section 08 Jurisdictional Disputes

1.08.01 GOVERNING AUTHORITIES -The parties hereto mutually agree that in the event of a jurisdiction dispute with any other union or unions, the dispute shall be submitted to the National Joint Board for Settlement or Jurisdictional Disputes for settlement in accord with the plan adopted by the Building Trades Department of the A.F.L.-C.I.O. and the Associated General Contractors of America, Inc. The parties hereto further agree that they will be bound by any decision or award of the Joint Board. Neither party shall order or permit any lockout, strike or other work stoppage or slowdown. Further, the Union will not aid, support or permit unauthorized strikes, slowdowns or work stoppages by its members with respect to a jurisdictional dispute. 1.08,02 WORK ASSIGNMENTS - The Employer shall assign work in accordance with the trade jurisdiction of the I.U.O.E. decisions of record, the rules of the National Joint Board for Settlement of Jurisdictional Disputes, and the International Union Agreements. In the event that work assignments are made contrary to the aforementioned principles, then the Employer shall be liable for any lost work opportunities at the then prevailing rate of wages and supplements for the classification involved.

Article I- Section 09 Duration of Agreement

1.09.01 DURATION - This agreement shall continue in effect from the 1st day of April, 2016 through the 31st day of March, 2021, and during each calendar year thereafter, unless on or before the 31st day of January, 2021 or January 31st of any year thereafter, written notice of termination or modification of this Agreement is served by either party on the other party. In the event that such written notice is served and changes in this Agreement are agreed upon, a new Agreement is embodying such changes shall be reduced to writing and executed.

Article I - Section 10 Savings Clause

1.10.01 SAVINGS CLAUSE - In the event that any State or Federal Statute of Law shall supersede or invalidate any clause of this Agreement, such Statute of Law shall prevail over any such clause; however, the other provisions of this Agreement shall be valid and remain in full force and effect. In the event that any section or portion thereof shall be declared invalid, it is further agreed that the parties hereto shall meet within a period of sixty (60) days to redraft anew section or portion thereof, which shall be valid and which shall replace that section or portion thereof declared invalid.

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ARTICLE 2

WORKING CONDITIONS

Article 2 - Section 01 Hiring Employees and Union

Membership 2.01.01 EMPLOYEE SOURCE -The Employer recognizes the Union as a source for the procurement of skilled workers covered by this Agreement and the Union agrees to furnish such workers upon request by Employer. 2.01.02 UNION NOTIFICATION - The Employer, when requesting men from the Union, shall make every effort to notify the Business Representative, twenty-four (24) hours in advance. 2.01.03 UNION MEMBERSHIP Requirement is agreed that on the eighth (8th) day following the beginning of Employment of workman or the effective date of this Agreement, whichever is later, membership in the Union shall be a condition of employment. The hiring of new workmen and the discharging of employees upon the request of the Union shall be in accordance with the Labor Management Relations Act of 1947 as amended. 2.01.04 PRE-JOB CONFERENCE -The Employer agrees that as soon as a contract for a job has been awarded, or within a reasonable time thereafter, but prior to the starting of any job, he will notify the Union of such job award, make arrangements and hold a pre-job conference with the Union. This clause shall apply to every job or project undertaken by the Employer. 2.01-05 JOB SITE VISITATIONS - Authorized representatives of the Union shall be allowed to visit jobs during working hours to interview Employer and Employees, but shall in no way interfere with or hinder the progress of the work. Said representatives are to report to the Supervisor before conferring with Employees. 2.01.06 STEWARD - The Union shall have the right to appoint a steward and shall notify the Employer of their selection. The steward shall be employed as long as there is work within their classification. The steward shall be given sufficient time to perform the duties assigned to them by the Union. In case of injury to Employee(s) covered by this Agreement, the steward shall be notified as soon as possible. 2.01.07 PICKET LINES -The Employer agrees not to discipline or discharge any employee who refuses to cross a bona fide trade union picket line. The right of any Employee to exercise this privilege shall not be a violation of this Agreement and shall not subject the Employee to penalties. No Employee shall be discharged for defending the rights of any Employee under the terms of this Agreement.

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2.01.08 NON-DISCRIMINATION IN EMPLOYMENT - The Employer and the Union mutually agree that they will comply and cooperate with all laws, codes, rules, regulations, executive orders and administrative decisions, whether state or federal, dealing with nondiscrimination in training, membership, employment, job tenure, promotions, and every other matter covered by such laws, codes, etc. not herein expressly mentioned. The employer shall have the right to conduct systematic and direct recruitment of qualified minority and female applicants should the Union fall to refer sufficient minority and female trainees within (48) hours to satisfy specific contractual Equal Employment Opportunity requirements and conditions. The use of a masculine or feminine gender In this agreement shall be conceived as both genders.

Article 2 - Section 02 Apprentice and Training

2.02.01 JOINT APPRENTICE COMMITTEE - There is hereby established a Joint Apprentice and Training Committee equally represented by members of Local Unions 463, and 158 and management to administer and determine policy, to maintain and organize a planned system of training and upgrading to Insure a sufficient number of skilled technical engineers to fulfill the industry's requirements. 2.02.02 TRAINING STANDARDS - Training and upgrading standards and modifications adopted in the future shall be a part of this Agreement and shall apply to the Union, Employer and employer organizations signatory hereto, their members and to other employers who subscribe hereto, and also to all members utilizing any and all training programs to be conducted. 2.02.03 UPGRADING - Training and Upgrading - The establishment and purposes of this program is to insure the Employer of qualified, skilled Technical Engineers and to insure the members of a planned system of training and advancement based on knowledge and skills. 2.02.04 PURPOSE: (a) Insure the Employer of sufficient qualified technical engineers. (b) Insure individuals desiring to become technical engineers of the right to enter the industry on a personal merit without regard to race, color, creed or gender. (c) Insure the apprentice of a planned system where he can advance on his merits and be paid accordingly. 2.02-05 QUALIFICATIONS - Each technical engineer being referred for work or employed by an employer coming under the terms and conditions of this Agreement shall be evaluated and qualify by the Joint Apprenticeship and Training Committee. Advancement in classification shall be through testing and qualification by the above named Committee. 2.02.06 CONTINUING EDUCATION - Each Technical Engineer being referred by the Union to the Employer for work shall be required to complete 8 hours of continuing education during this Agreement as defined by the Joint Apprentice and Training Committee. There will be a yearly meeting of the Labor/Management group to review training.

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2.02.07 WAGE CLASSIFICATIONS - Technical Engineers rated or reclassified by the Joint Apprenticeship and Training Committee shall be paid in accordance with the rating and classification.

Article 2 - Section 03 Hours of Work and Overtime

2.03.01 HOURS OF WORK - Eight (8) hours shall constitute a day's work; forty (40) hours shall constitute a week's work, Monday through Saturday. Normal workday shall consist of eight hours with one-half (1/2) hour for lunch. 2.03.02 STARTING TIME AND OVERTIME -The starting time shall be set by the Employer, except that the starting time shall not be changed from day to day. All time worked beyond eight hours shall be considered overtime and shall be paid at one and one-half (1 1/2) times the amount set forth in this Agreement. The work day must start no sooner than 6:00 A.M., nor later than 8:00 A.M., except as may be otherwise mutually agreed upon by the Employer and the Union. 2.03.03 TWO SHIFT OPERATIONS - On operations requiring two (2) shifts, the shifts shall be at least eight (8) hours and scheduled of equal duration. It is understood there is no guarantee that on a given day, one shift might not vary due to weather, equipment breakdown or changes in operation schedules. 2.03.04 THREE SHIFT OPERATIONS - On three (3) shift operations, the first or day shift shall be of eight (8) hours duration; and the second shift shall be of seven and one-half (7 1/2) hours duration; and the third shift shall be of seven (7) hours duration. Each shift shall receive eight (8) hours pay. On three (3) shift operations, the third shift shall be considered as falling on the same day of the week as the first and second shift. All time worked in excess of the normal shift shall be considered overtime.

Article 2 - Section 04 Guaranteed Work Week

2.04.01 TWENTY-FOUR HOUR GUARANTEE - During the period November I to May 15, there shall be a twenty-four (24) hour guarantee, Monday through Saturday. Once an Employee starts to work, they are guaranteed twenty-four (24) hours or the number of eight (8) hour days remaining between the day of hiring and Friday, whichever is less. Any Employee who reports for work at the regularly appointed starting time, unless he has been notified on the previous day that his services will not be required, shall be entitled to show-up time of two (2) hours at straight time. The Employees shall remain on the job for the two (2) hour period unless otherwise directed by the Employer. Two (2) hour show-up time shall apply toward the twenty-four (24) hour guarantee. Time lost Monday through Friday, due to conditions beyond the Employer's control, to the extent of eight (8) hours, may be made up on Saturday at time and one-half. A paid holiday not worked may not be used as a basis for makeup time, since the time is not lost through conditions beyond the Contractor's control. When an Employee is terminated or a job closes down, an Employee shall receive eight (8) hours for each preceding day and a minimum or four (4) hours or actual hours worked, whichever is greater for the day of shutdown. An employee laid off and re-hired to the same employer during the same week shall receive a minimum of 24 hours pay.

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2.04.02 MID-WEEK HIRE - If an Employee starts work in the middle of the week, or any day after Monday, they are guaranteed the number of eight (8) hour days remaining between the day of hiring and Friday. Make-up time is based on the time lost after they start work. 2.04.03 PERSONAL TIME OFF - If an Employee takes time off for personal business, their guaranteed work week shall be reduced by the number of hours or days off. 2.04.04 ELECTION DAY - All Employees of the Contractor shall be allowed time to vote on Election Day as required by Law,

Article 2 - Section 05 Paid Holidays and Sundays

2.05.01 PAID HOLIDAYS - Paid holidays to be observed are Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day, irrespective of the day of the week on which the holiday may fall. If the holiday falls on a Saturday, it will be celebrated on Friday. If the holiday falls on a Sunday, it will be celebrated on Monday. In the event that men work on this Sunday holiday, they shall be paid double time. In the event that men work on Monday, they shall be compensated at triple time. Accordingly, the Monday following the Sunday is treated as a holiday. 2.05.02 LAYOFF DURING HOLIDAY WEEK - Any Employee laid off within the week in which a holiday falls, shall receive holiday pay. 2.05.03 BEFORE AND AFTER WORK DAY REQUIREMENT - An Employee must work the working day before and the working day after a holiday to receive holiday pay. However, an Employee not able to report because of proven sickness, death in the immediate family, or accident shall be entitled to holiday pay. 2.05.04 HOLIDAY WORK - If an Employee reports for work on a holiday, set forth in Section 1 above, and does not start, then they shall be paid a minimum of four (4) hours straight time in addition to the straight time paid for said paid holiday. If an Employee starts work on a paid holiday, they shall be paid a minimum of eight (8) hours per day at double time plus the holiday pay. 2.05.05 SATURDAY WORK - If an Employee covered by this Agreement is ordered out on Saturday and has completed the twenty-four (24) hour guarantee and their services are not used, they shall receive two (2) hours pay at straight time. If an Employee starts to work, they shall receive a minimum of four (4) hours at premium time. An Employee shall be paid the actual hours worked in excess of four (4) hours minimum. 2.05.06 SUNDAY WORK - If an Employee covered by this Agreement is ordered out to work on a Sunday and reports on the job but their services are not used, they shall receive a minimum of eight (8) hours pay at straight time. If an Employee reports on the job and does start work, they shall be paid a minimum of eight (8) hours pay at double time.

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Article 2 - Section 06 Paydays

2.06.01 PAY WITHHELD - All wages under this Agreement shall be payable on the job every week. Not more than six (6) days shall be held back. Checks, pay stubs or pay envelopes shall show all information required by Law and the Employers' name imprinted on them. 2.06.02 INVOLUNTARY TERMINATION AND LAYOFF -If, for any reason, the Employer terminates the services of any Employee working under this Agreement, they shall be paid In full at the time of termination. If such Employee is not paid in full at the time of termination, they shall receive two (2) additional hours at the straight time rate. However, such accrued wages and waiting time must be mailed or delivered to the Employee not later than the next succeeding business day. 2.06.03 VOLUNTARY TERMINATION - If the Employee voluntarily leaves their job, they shall not be entitled to receive pay until the next regular payday, nor shall they be entitled to any additional pay for returning to the job in order to collect such pay.

Article 2 - Section 07 Safety Clause

2.07.011 WORK SAFETY - No Employee shall be required or assigned to engage in any activity involving dangerous conditions of work or danger to person or property in violation of an applicable statute, court order, or governmental regulation relating to safety of person or equipment. 2.07.02 SAFETY RULES - The Employer and the Union do hereby agree to work together to promote safety on the job for the benefit of all employees. Safety rules and regulations will be made known to all employees and the use of Safety equipment will be continually promoted by both Parties. 2.07.03 SAFETY COMMITTEE -Where the Employer has a Safety Committee on any job, one of the Employees who is a member of the Union shall be a party to such committee. The duties of the Committee shall be determined by the Employer. 2.07.04 EMPLOYEE NEGLECT - The Union and Employees agree that willful neglect and failure by an Employee to obey company safety rules, standards and regulations prescribed pursuant to the Occupational Safety and Health Act (OSHA) or other governmental regulations or legislation, or to use properly such safety devices or equipment as provided by the company shall be just cause for the immediate discharge upon first offense. A copy of the company safety program shall be furnished each employee at time of employment. 2.07.05 SUBSTANCE ABUSE - The Employer and the Union are committed to provide a safe work environment for its Employees and the public and also maintain a reliable, productive, quality workforce and thus affirm that construction job sites subject to this Agreement must be alcohol and drug free. Employees whose job performance is impaired by the use of alcohol or drugs create an unacceptable safety risk to themselves, coworkers and the public. Employees who violate the joint policy on substance abuse shall be subject to discipline up to and including immediate discharge without recourse to the grievance procedure.

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2.07.06 JOINT POLICY ON SUBSTANCE ABUSE - The Union and the employer agree that they will cooperate in establishing drug and alcohol free work sites. The written program will become part of the collective bargaining agreement as established by Workplace Safety of Upstate New York, Inc. (WSUNY), a corporation established by labor and management for the purpose of creating and maintaining a uniform drug abuse policy and procedures; WSUNY shall in addition designate and contract on a collective basis for all related services necessary to execute the drug policy and procedures, including T.P.A. and M.R.O. The employer shall pay the cost of each test and M.R.O. service as established by WSUNY.

Article 2 - Section 08 Arbitration of Disputes

2.08.01 WORK SLOWDOWN OR STOPPAGE - During the term of this Agreement, neither party shall order or permit any lockout, strike or other work stoppage or slowdown. Further, the Union will not aid, support or permit unauthorized strikes, slowdowns or work stoppages by its members. 2.08.02 GRIEVANCE PROCEDURE - All grievances or disputes involving any controversy, dispute or misunderstanding arising as to the meaning, application or observance of any provisions of this Agreement shall be handled pursuant to the following procedures: (a) The subject matter of the dispute shall be discussed, and if possible, resolved on the job site in a meeting of the Union Representatives and the Employers Representatives. (b) If the dispute cannot be settled on the job site, then the matter will be referred to the Union and the Employer. These two parties shall attempt to settle the matter within forty-eight (48) hours after the grievance arises. (c) It the Union and the Employer cannot agree the dispute will be submitted to arbitration with the New York State Mediation and Conciliation Service. 2.08.03 GRIEVANCE PROCEDURE RULES - In using the procedure described above in 2.08.02, the following rules shall govern: (a) To initiate the first step (a) of the grievance procedure, the subject matter of the dispute must be reduced to writing within four (4) working days of the action complained of and presented to the Employer or his representatives, (b) In all cases, the status quo will be observed pending resolution of the dispute. (c) Each of the steps of the grievance procedure shall be held in the jurisdiction area of the Union. (d) With respect to all discharge cases, it is agreed that the discharge of an Employee shall only be for just cause and it is further agreed that Steps (a) and (b) and (c) shall be completed within seven (7) days and that the arbitration will be conducted as soon thereafter as an arbitrator is available.

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.2.08.04 EMPLOYEE RIGHTS - No Employee shall have the right to institute action, arbitration or proceedings under this Agreement, but the institution of such grievance shall be brought by the Union. 2.08.05 WAGES, HOURS AND FRINGE BENEFITS -Violations concerning wages, hours or fringe benefit contributions shall not be subject to the arbitration provisions of this Article 2.08.06 ARBITRATION COST - The cost of arbitration, which shall include the fees and expenses of the arbitrator shall be borne by the Company in case its principal contention is rejected by the arbitrator, except, however, that each party shall pay the fees of its own representatives and witnesses. Any dispute as to whose principal contention is rejected shall be determined by the arbitrator. In the case that both parties' principal contention is upheld in part, the arbitrator shall designate what part of the costs are to be borne by which party according to the relative merits of each party's position.

Article 2 - Section 9

Termination and Discharge

2.09.01 QUALIFICATIONS - The Employer shall be the sole judge of the qualifications and acceptable work performance of all of its Employees and may on such grounds discharge any of them. 2.09.02 VOLUNTARY TERMINATION RESTRICTIONS -No Employee covered by this Agreement shall leave an uncompleted contract or project to accept employment with another Employer unless agreeable to both Employers and the Union involved and the Employee's request is made twenty-four (24) hours in advance. However, persons covered by this Agreement may be moved from one project to another at the discretion of the Employer but the Union shall be notified within twenty-four (24) hours. 2.09.03 TERMINATION AND ARBITRATION - In the event that an Employee covered by this Agreement Is discharged, he or his designated representative on his behalf, shall be entitled to utilize the grievance procedure hereinafter provided by "Arbitration of Disputes" of this Agreement.

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Article 3 - Section 01 Fringe Benefit Funds

3.01.01 EMPLOYEE BENEFIT FUNDS - The Employer agrees to contribute to the following funds in the proper amounts hereinafter set forth in Article 4 - Wage and Benefit Schedule for each actual hour paid: (a) Upstate New York Engineers' Training Fund. or Local 158 District 106 Training and Apprenticeship Fund or Local 17 Training Fund (b) Upstate New York Engineers' Welfare Fund. (c) Upstate New York Engineers' Pension Fund. (d) Engineers' Central Pension Fund. 3.01.02 BENEFIT FUND MANAGEMENT - Such contributions are to be remitted to the proper above mentioned funds all of which are located at 101 Intrepid Lane, PO Box 100, Syracuse, NY 13205-0100, in the mode and manner as determined by the Board of Trustees of each respective Fund, pursuant to the terms of Agreements and Declarations of Trusts between the Independent Employers, and Local Unions 17, 463, and 158 of the International Union of Operating Engineers. 3.01.03 DELINQUENCY - Notwithstanding any other provisions In this Agreement, the parties agree that any Employer who becomes delinquent in the payment of contributions due to Funds after notice has been served upon such delinquent Employer and the Association, the Employer shall be liable for not only the amount of contributions due, but in addition thereto, any such Employer agrees to pay interest, costs and fees of collection, legal fees not in excess of twenty percent (20%) of the amount of said delinquency and the costs of an audit it auditing procedures are necessary to ascertain the amount of the delinquencies. The failure of any Employer to make timely and proper contributions and remittances to the Funds shall not relieve any other Employer from making such payments. 3.01.04 RED ZONE PENSION PLAN - The Trustee of the Upstate New York Engineers Pension Fund, (formerly known as the Engineers Joint Pension Fund) adopted a Rehabilitation Plan on June 7, 2010. Thereafter, the Trustees of the Upstate New York Pension Fund provided the parties the schedules adopted as part of the Rehabilitation Plan. The parties have negotiated and have adopted the schedule designated in the Rehabilitation Plan as the Preferred Schedule. That schedule is incorporated by reference into this collective bargaining agreement. Pursuant to such schedule, the parties, in addition to agreeing to the revised benefit structures set forth herein, also agree to contributions to the Upstate New York Engineers Pension Fund as provided for in this agreement, which amounts to no less than those referenced in the Preferred Schedule.

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3.01.05 AGREEMENT TERMINATION FOR DELINQUENCY - It is further agreed between the parties hereto that, in addition to the provisions contained in the preceding paragraph, the Unions are granted the unequivocal right, with respect to any delinquent Employer, to declare this Agreement breached and, at the option of the Unions, said Agreement may be considered terminated upon seventy-two (72) hours notice to any such delinquent Employer. In the event that the Unions exercise such option under this section, such delinquent Employer agrees to pay, as liquidated damages, each of said Employers' Employees in the collective bargaining unit of the Unions, their regular rate of pay for all time lost from work as a result of the Employer's delinquency to the above listed Fund. 3.01.06 UNION AND BENEFIT FUNDS RIGHTS - The parties hereto recognize that the Union, the Funds, and/ or any affiliated Fund may make contributions to the respective Funds for and on behalf of their Employees. Such contributions shall be in the same amount and payable in the same manner as are made by other contributing Employers. The Upstate New York Engineers Joint Welfare Fund, Upstate New York Engineers Pension Fund the Upstate New York Engineers Training, Retraining and Skill Improvement, Safety Education and Apprentice Fund and the Engineers Central Pension Fund (jointly referred to as "Funds") shall be administered pursuant to provisions of Agreements and Declarations of Trust of the respective funds, the Collection Policy, the Mistaken Contribution Policy, and the Withdrawal Liability Policy jointly referred to as "Policies") established by the various funds' Trustees, and shall be in compliance with the requirements of state and federal laws governing and regulating such trusts. Such agreements and Declarations of Trust and Policies, together with any amendments to the Trusts or Policies, reference as if fully set forth herein. The parties to this collective bargaining agreement hereby agree that the signing of this Agreement shall constitute an obligation to be bound by the terms and conditions of said Agreements and Declarations of Trust of the Funds, the Collection Policy, and Withdrawal Liability Policy, and the Mistaken Contribution Policy, as if said Agreement and Declarations of Trust and the Policies were fully set forth herein and made a part hereof. In the areas of the operation and administration of the Funds and any other areas of responsibility or authority delegated to or reserved to the Funds' Trustees under the Employee Retirement Income Security Act of 1974 ("ERISA"), including but not limited to, collection of delinquencies, return of contributions, and the rights and remedies of the Funds when collecting delinquencies, if the terms of this Agreement conflict with the Agreements and Declarations of Trust of the Funds and/or Policies, the terms and provisions of the Agreements and Declarations of Trust of the Funds and/or the Policies, the terms and provisions of the Agreements and Declarations of Trust and the Policy will govern and supersede any inconsistent provision of this Agreement. 3.01.07 Local 158, District 106 TRAINING AND APPRENTICESHIP FUND – Section 1. The Employer agrees to contribute the amount shown in Article V, Wages, per hour, for each hour paid (including holidays) to the Operating Engineers Local 158, District 106 Training Fund to be established by an Agreement and Declaration of Trust pursuant to the provisions of the Labor Management Relations Act of 1947, as amended. Such contributions shall be remitted to the Operating Engineers Local No. 158, District 106 Training Fund located at 44 Hannay Lane, Glenmont, NY 12077, in the mode and manner as determined by the Board of Trustees of said Fund pursuant to the terms and provisions of an Agreement and Declaration of Trust between the Independent Employers and Local Union No. 158 of the International Union of Operating Engineers.

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Section 2. Notwithstanding any other provision contained in this Agreement, the parties agree that any Employer who becomes delinquent in the payment of contributions due to the Operating Engineers, Local No. 158, District 106 Training Fund after notice has been served upon such delinquent Employer and the Association, the Employer shall be liable for not only the amount of contributions due, but in addition thereto, any such Employer agrees to pay interest, costs and fees of collection, legal fees not in excess of twenty percent (20%) of the amount of said delinquency and the costs of an audit if auditing procedures are necessary to ascertain the amount of the delinquencies. The failure of any Employer to make timely and proper contributions and remittances to the Fund shall not relieve any other Employer from making such payments.

Section 3. It is further agreed between the parties hereto that in addition to the provision contained in the preceding paragraph, the Union is granted the unequivocal right, with respect to any delinquent Employer, to declare this Agreement breached; and at the option of the Union, said Agreement may be considered terminated upon seventy-two (72) hours notice to any such delinquent Employer. In the event that the Union exercises such option under this Section, such delinquent Employer agrees to pay as liquidated damages, each of said Employers Employees in the collective bargaining unit of the Unions, their regular rate of pay for all time lost from work as a result of the Employers delinquency to the Operating Engineers, Local No. 158 Training Fund. Section 4. The parties hereto recognize that the Union, the Fund and/or any affiliated Fund may make contributions to the respective Funds for and on behalf of their employees. Such contributions shall be in the same amount and payable in the same manner as are made by other contributing Employers. 3.01.08 LOCAL 17 TRAINING FUND – Section 1. The Employer agrees to contribute to the Operating Engineers Local 17 Training Fund. Such contributions shall be remitted in the amounts hereinafter set forth in Article 4 Section 1 and 2 for each actual hours paid (excluding holidays not worked) to the Upstate New York Engineers Benefit Fund, 101 Intrepid Lane, PO Box 100 Colvin Station, Syracuse, New York, 13205-0100 or any other depository selected by the Trustees, in the mode and manner as determined by the Board of Trustees of said Fund pursuant to the terms and provisions of an Agreement and Declaration of Trust between the Independent Employers and Local Union 17 of the International Union of Operating Engineers. Section 2. Notwithstanding any other provision contained in this Agreement, the parties agree that any employer who becomes delinquent in the payment of contributions due to the Operating Engineers Local 17 Training Fund after notice has been served upon such delinquent Employer, shall be liable for not only the amount of contributions due, but in addition thereto, interest, costs and fees of collection. Legal fees due shall not exceed twenty percent (20%) of the amount of said delinquency and the cost of an audit if auditing procedures are necessary to ascertain the amount of the delinquencies. The failure of any Employer to make timely and proper contributions and remittances to the Fund shall not relieve any other Employer from making such payments. Section 3. It is further agreed between the parties hereto that in addition to the provisions contained in the preceding paragraph, the Union is granted the unequivocal right, with respect to any delinquent Employer, to declare this Agreement breached and at the option of the Union, said Agreement may be considered terminated upon seventy-two (72) hours notice to any such delinquent Employer. In the event that the Union exercises such option under this section, such delinquent employer agrees to pay as liquidated damages, to each of said Employer’s Employees in the collective bargaining unit their regular rate of pay for all time lost from work as a result of the Employer’s delinquency.

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Section 4. The parties hereto recognize that the Union, the Funds, and/or any affiliated fund may make contributions to the respective Funds for and on behalf of their Employees. Such contributions shall be in the same amount and payable in the same manner as are made by other contributing Employers. 3.01.09 LOCAL 17 SUPPLEMENTARY UNEMPLOYMENT INSURANCE BENEFIT FUND CONTRIBUTIONS 1. The Employer agrees to contribute to a Supplemental Unemployment Insurance Benefit Fund in the amounts hereinafter set forth in Article 4 for each actual hour paid (excluding holidays not worked). Such contributions shall be remitted to the Upstate New York Engineer’s S.U.B. Fund located at 101 Intrepid Lane, PO Box 100 Colvin Station, Syracuse, New York, 13205-0100 in the mode and manner as determined by the Board of Trustees of said Fund pursuant to the terms and provisions of an Agreement and Declaration of Trust between the Independent Employers and Local Union 17 of the International Union of Operating Engineers, AFL-CIO. 2. Notwithstanding any other provision contained in this Agreement, the parties agree that any Employer who becomes delinquent in the payment of contributions due to the Upstate New York Engineer’s S.U.B. fund after notice has been served upon such delinquent Employer, shall be liable for not only the amount of contributions due, but in addition thereto, any such Employer agrees to pay interest, costs and fees of collection. Legal fees due shall not exceed twenty percent (20%) of the amount of said delinquency and the costs of any audit if auditing procedures are necessary to ascertain the amount of the delinquencies. The failure of any Employer to make timely and proper contributions and remittances to the Funds shall not relieve any other Employer from making such payments. 3. It is further agreed between the parties hereto that in addition to the provisions contained in the preceding paragraph, the Union is granted the unequivocal right, with respect to any delinquent Employer, to declare this Agreement breached and at the option of the Union, said Agreement my be considered terminated upon seventy-two (72) hours notice to any such delinquent Employer. In the event that the Union exercises such option under this section, such delinquent Employer agrees to pay, as liquidated damages to each said Employer’s Employees in the collective bargaining unit, their regular rate of pay for all time lost from work as a result of the Employer’s delinquency. 4. The parties hereto recognize that the Union, the Funds, and/or any affiliated fund may make contributions to the respective funds for and on behalf of their Employees. Such contributions shall be in the same amount and payable in the same manner as are made by other contributing Employers. 3.01.10 CONSTRUCTION INDUSTRY RESEARCH AND SERVICE TRUST FUND

Section 1. Effective 7/1/2015 the Employer shall contribute $.05 per hour for each hour worked for which employees receive wages under the terms of this agreement into the Upstate New York IUOE Construction Industry Research and Service Trust (“CIRST”). It is understood and agreed that he Employer shall be bound by the terms and provision of the Agreement and Declaration of Trust of the CIRST, and all amendments heretofore and hereafter thereto, as though the same were fully incorporated herein. The Employer agrees to fully incorporate, as if written herein, the articles under Trust Funds found elsewhere within this agreement.

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ARTICLE 4 CLASSIFICATION & PAY RATES

Article 4 - Section 01 for Local 158 & 463

Negotiated Five Year Agreement

7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Chief of Survey

$39.76 TBD TBD TBD TBD

Party Chief $38.49 TBD TBD TBD TBD Instrument $35.32 TBD TBD TBD TBD

Rod $26.03 TBD TBD TBD TBD Benefits: Welfare $7.10 TBD TBD TBD TBD UNYEBF $7.30 TBD TBD TBD TBD CPF $5.35 TBD TBD TBD TBD Training $0.75 TBD TBD TBD TBD HRA $2.20 TBD TBD TBD TBD CRIST $0.05 TBD TBD TBD TBD UNYE Pension Supplement


Total

Benefits: $23.75 $0.00 $0.00 $0.00 $0.00

*Increase of 3.25% of total package to be allocated yearly.

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Article 4 - Section 02 for Local 17D

Negotiated Five Year Agreement

7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Chief of Survey


Party Chief $38.09 TBD TBD TBD TBD Instrument $35.95 TBD TBD TBD TBD

Rod $25.63 TBD TBD TBD TBD Benefits: Welfare $7.10 TBD TBD TBD TBD UNYEBF $7.55 TBD TBD TBD TBD CPF $4.10 TBD TBD TBD TBD Training $0.75 TBD TBD TBD TBD HRA $1.95 TBD TBD TBD TBD S.U.B. $1.65 TBD TBD TBD TBD CRIST $0.05 TBD TBD TBD TBD UNYE Pension Supplement


Total

Benefits: $24.15 $0.00 $0.00 $0.00 $0.00

*Increase of 3.25% of total package to be allocated yearly.

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Article 4 - Section 03 Supplemental Pay

4.03.01 TUNNELS - When a Technical Engineer is working in a tunnel, they shall receive $3.00 over their regular rate. 4.03.02 HAZARDOUS WASTE - When an employee who is covered under this collective bargaining agreement works in a hazardous area and is required by Federal, State, Owner or Employer rules or regulations to wear any type of respiratory equipment such as described In the A, B or C classifications under the Code of Federal Regulations 291910,120, shall receive two dollars and fifty cents ($2.50) over their regular hourly rate,

Article 4 - Section 04 Employee Deductions

4.04.01 EMPLOYEE DEDUCTIONS - The following deductions will be made from each Employee's paycheck weekly. Signed deduction authorization required for each Employee. Copies are available from the Union. (a) Voluntary Political Action Fund – Ten ($.10) cents for each hour paid.

(b) Defense and Benefit Fund (Union Supplemental dues) - Local 17 & 463 Four (4%) percent of gross pay each week. Local 158 Three point one five (3.15%) percent of total package (wages + fringes).

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Article 4 - Section 05 Apprentice Pay Rates and Fringe Benefit Schedule

4.05.01 Local 158 & 463 APPRENTICE WAGE & FRINGE BENEFITS

Apprentice Application Hours 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Apprentice 1st Year (0-1000 Hours)

60% Rodperson $15.62 TBD TBD TBD TBD

Benefits: 60% Benefits Welfare $7.10 TBD TBD TBD TBD UNYEBF $3.30 TBD TBD TBD TBD CPF $2.37 TBD TBD TBD TBD Training $0.75 TBD TBD TBD TBD HRA $1.05 TBD TBD TBD TBD CRIST $0.05 TBD TBD TBD TBD UNYE Pension Supplement $1.00 TBD TBD TBD TBD Total Benefits: $15.62

Apprentice 2nd Year (1001-2000) 70% Rodperson $18.22 TBD TBD TBD TBD


Apprentice 3rd Year (2001-3000) 80% Rodperson $20.82 TBD TBD TBD TBD


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4.05.02 Local 17D APPRENTICE WAGE & FRINGE BENEFITS

Apprentice Application Hours 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Apprentice 1st Year (0-1000 Hours)

60% Rodperson $15.38 TBD TBD TBD TBD

Benefits: 60% Benefits Welfare $7.10 TBD TBD TBD TBD UNYEBF $2.55 TBD TBD TBD TBD CPF $1.10 TBD TBD TBD TBD Training $0.75 TBD TBD TBD TBD HRA $1.18 TBD TBD TBD TBD S.U.B. $1.65 TBD TBD TBD TBD CRIST $0.05 TBD TBD TBD TBD UNYE Pension Supplement $1.00 TBD TBD TBD TBD Total Benefits: $15.38

Apprentice 2nd Year (1001-2000) 70% Rodperson $17.94 TBD TBD TBD TBD


Apprentice 3rd Year (2001-3000) 80% Rodperson $20.50 TBD TBD TBD TBD


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ARTICLE 5 AUTHORIZATION SIGNATURES

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be subscribed by their duly authorized representatives this ____ day of ____________20_, and this Agreement shall be binding upon their successors and assigns.

5.01 EMPLOYER AUTHORIZATION _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Duly Authorized Officer Date

5.02 UNION AUTHORIZATION

INTERNATIONAL UNION OF OPERATING ENGINEERS

Locals 17, 463 & 158

_______________________________________________________________________________ Business Representative Date We hereby accept the provisions of the above contract. The Union and the Company do hereby agree to abide by and enforce same.

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This Agreement was negotiated by and between representatives of the Independent Employers and Upstate Local 17, 463 & 158 as listed below. William J. Tucker II Norm Noon, Business Manager Clear Creek Land Surveying LLC Local 17 _________________________ ____________________________ Authorized Siguature Authorized Signature Robert Hill Daniel J. McGraw, Business Manager U.C.C. Constructors, Inc. Local 158 ________________________ _____________________________ Authorized Signature Authorized Signature Paul McCollum, Business Manager Local 463 ____________________________ Authorized Signature

PAINTERS

MASTER

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

PAINTERS DISTRICT COUNCIL NO. 4

ASSOCIATION OF UNION PAINTING AND DRYWALL FINISHING CONTRACTORS OF CENTRAL NEW YORK

THE PAINTERS, DECORATORS AND CONTRACTORS ASSOCIATION OF

ROCHESTER, NEW YORK

AND

INDEPENDENT CONTRACTORS OF:

BINGHAMTON, NEW YORK ROCHESTER, NEW YORK ITHACA, NEW YORK SYRACUSE, NEW YORK

OSWEGO, NEW YORK WATERTOWN, NEW YORK

5-1-17 to 4-30-20

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Table of Contents PAGE ARTICLE I- Recognition Clause 4 ARTICLE II- Union Security Clause 4-5 ARTICLE III- Territorial & Trade/Craft Jurisdiction 5-7 ARTICLE IV- Administrative Dues Check-off 7-8 ARTICLE V- Work Day, Work Week, Work Rules, Holidays, Shifts and Overtime (Show up time) 8-10 ARTICLE VI- Regional Wage and Fringe/Supplemental Rates 11-41

Section 1. Territorial Jurisdiction by Region (pages 11-12)

Section 2. Bidding Bridges & Tanks (Public Sector) (page 12)

Section 3. Painters/Tapers Wages and Fringes (pages 13-31)

Section 4. Apprentice % Rates & Schedule & Wage & Fringe Benefits for All Regions (pages 32-36) Section 5. IUPAT Pension Funding Improvement Plan (pages 37-41) ARTICLE VII- Political Action Together 42 ARTICLE VIII- Tools 42 ARTICLE IX- Out of Geographic Jurisdiction Work & Mileage 43-44 ARTICLE X- Payment of Wages 44 ARTICLE XI- Trust Funds and Failure to make Contributions 44-47 ARTICLE XII- Employer Requirements (Surety Bond) 47 ARTICLE XIII- Joint Trade Board & Grievance Procedure 48-49 ARTICLE XIV- Management Rights (Drug & Alcohol Policy) 49-50 ARTICLE XV- Health and Safety (STAR Program) 50 ARTICLE XVI- Journeypersons Upgrade Training Clause 50 ARTICLE XVII- Subcontracting 50

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ARTICLE XVIII- Struck Work & Picket Line 51 ARTICLE XIX- Just Cause & Top Workplace Performance Plan 51 ARTICLE XX- Supremacy 51 ARTICLE XXI- Preservation of Work 52 ARTICLE XXII- Non-Exclusive Referral Procedure 52-53 ARTICLE XXIII- Stewards 53 ARTICLE XXIV- Past Practice Clause 54 ARTICLE XXV - No Discrimination Clause 54 ARTICLE XXVI - Accretion Clause 54 ARTICLE XXVII- Successor Clause 54 ARTICLE XXVIII- General Savings Clause 55 ARTICLE XXIX- Duration Clause 55 Signature Page 56 TO ALL EMPLOYERS & MEMBERS/EMPLOYEES As an Employer bidding work in different Territorial Jurisdictions of District Council #4, be sure to review each Regional Wage & Fringe Benefit/Supplement schedules, work week, overtime, mileage provisions and etc.. They do vary in some regions. As a member/employee working or traveling from region to region, be sure to review each regions schedules.

KEY FOR SUPPLEMENTAL/FRINGE BENEFIT DEFINITIONS

IUPAT International Union of Painters & Allied Trades LMCI Labor Management Cooperation Initiative FTI Finishing Trades Institute CNY Central New York STAR Safety Training Awards Recognition PAT Political Action Together PAP Personal Account Plan SUB Supplemental Unemployment Benefit

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AGREEMENT This Agreement is made and entered into this 1st day of May 2017, By and Between ____________________________, hereinafter referred to as the Employer, and Painters District Council #4 affiliated with the International Union of Painters and Allied Trades (I.U.P.A.T.) hereinafter referred to as the Union.

BASIC PRINCIPLES It is the intent and purpose of the Parties hereto that this Agreement shall promote and improve the industrial and economic relationship between the Employer and the Union, to eliminate unnecessary strike, lockouts and other interference with production and to set forth the Basic Agreement covering rates of pay, hours of work, and conditions of employment to be observed by the parties hereto.

ARTICLE I RECOGNITION CLAUSE

The Employer acknowledges that the Union has offered to establish its majority status by allowing the employer to examine authorization cards voluntarily executed by the employers eligible employees in the unit described in the CBA. The employer is satisfied that the Union has the support of a majority of the eligible employees in the appropriate unit to represent said employees for the purposes of collective bargaining and, further, the employer waives the opportunity to examine the authorization cards; and therefore, the employer recognizes pursuant to Section 9 (A)of the National Labor Relations Act, the Union as the sole and exclusive bargaining representative of the employees employed in the bargaining unit described. All work described and covered by Section 6 of the I.U.P.A.T. Constitution, as outlined in Article III, Section 2 of this Agreement. The employer agrees that the Union has been designated or selected for the purposes of Collective Bargaining by the majority of the employees in an appropriate unit, that said majority support has been demonstrated and that the Union is the exclusive representative of all employees in such a unit for the purposes of Collective Bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment. Painters District Council #4 recognizes the Association of Union Painting and Drywall Finishing Contractors of Central New York, The Painters, Decorators and Contractors Association of Rochester, New York, as the Representative of its members and any individual contractor who designates such organization as their Representative.

ARTICLE II UNION SECURITY CLAUSE

All present employees who are members of the Union on the effective date of this Agreement or on the date of execution of this Agreement, whichever is the later, shall remain members of the Union in good standing as a condition of employment. All present employees who are not members of the Union and all employees who are hired hereafter shall become and remain members in good standing of the Union as a condition of employment on and after the eighth day following the beginning of their employment,

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or on and after the eighth day following the effective date of this Agreement or the date of execution of this Agreement, whichever is the later. A. The Employer recognizes the right of any Union Member to refuse to work with an Employee who has worked for a period more than 8 days and has not joined the Union, or made application as provided herein, and any refusal to work either concerted or otherwise, with such Employee or Employees, shall not constitute a breach of this agreement. B. The Employer agrees to notify the Union during the first eight hours after any non-member has been hired, providing the name, address and social security number. C. The Employer agrees to remove from work covered by this Agreement any Employee who has failed to perform his/her obligations to become and remain a Union member as provided for this Agreement. Upon receipt of written notice from the Union stating that such Employee is delinquent, he/she shall be removed and shall not be re-employed by the Employer until he/she performs such obligations as provided for in this Agreement.

ARTICLE III TERRITORIAL AND TRADE/CRAFT JURISDICTION

SECTION 1. The Geographic Jurisdiction covered by this agreement shall be the following counties in the State of New York: The Counties of Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Cortland, Delaware, Erie, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Schuyler, Seneca, Steuben, St. Lawrence, Tioga, Tompkins, Wayne, Wyoming and Yates. (33 Total) SECTION 2. The trade/craft jurisdiction of Painters District Council #4 of the I.U.P.A.T. shall be as per Section 6 of the I.U.P.A.T. Constitution. Painting shall include all of the curriculum as outlined and approved by the NYS DOL Apprenticeship Department (DOT Code 840.381-010) and not limited to the application of any protective or decorative coating (whether liquid or solid). Methods of application shall include, but not be limited to brushing, rolling, spraying and electrostatic coating system; faux finishing, venetian plaster, caulking, wood finishing and wall covering; blasting shall include but not be limited to all removal and disposal. Methods of removal and preparation shall include, but not be limited to, abrasive sponge blasting, abrasive hydro-water blasting, abrasive blasting, hydro-water blasting, vacuum blasting steam cleaning and all chemical (paste) type removers; including preparations for those classes of work, as glass spray coating, all desco type products, all epoxy resin products, all polyester fiberglass materials, incandescent coatings, intumescent coatings, cement enamel products, application of seamless floor coating, and application materials for chorine concrete and/or sealer for all masonry and concrete surfaces, corrosion control, rigging of all work, engineering controls and containment, secondary containment and/or weather enclosure, transporting of paint and equipment to and from the job site, operation of all compressors, sand handling and plant air and handling of such equipment; all related work for the abatement of lead based paint as per government standards. Methods of abatement shall be, but not limited to encapsulation, enclosure, chemical removal, abrasive removal, hand scraping removal with a heat gun, removal of containment,

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secondary containment, weather enclosures, and replacement, containment, rigging and engineering control methods. Mold remediation and weather barriers coatings. Drywall/sheet rock finishing shall include all of the curriculum as outlined and approved by the NYS DOL Apprenticeship Department-DOT Code 842.664.010. Installation/application of fire caulk/fire spray, and the installation of pre-formed or thermal fiber mineral wool and the use of pneumatic continuous flow of machines. The building of containment and/or enclosures with what’s more commonly known as “shrinkwrap” for the purposes of preparing steel surfaces for all abrasive blasting and hydro-water blasting for painting; knockdown, an industry texture decorative finish shall include, but not be limited to the application of a liquid or solid. Method of application shall include the use of brushes, rollers, spray gun and knocking down with drywall tools. All Tools, Equipment and Material: The handling, operation, maintenance, storage and transporting; The loading and unloading of any and all materials, tools and equipment will be done by any members and units coming under the International Union’s jurisdiction including - brushes, rollers, spray painting equipment, coating applicators, all miscellaneous hand and power driven tools - all robotic, computerized mechanical and manually operated abrasive, water and related blasting equipment; ventilation/ dehumidification systems, vacuum recovery units, wet and dry vacuum systems and any and all related safety equipment; ladders, scaffolding, lifts and all other dedicated rigging, including the handling, erecting and dismantling of the operation and maintenance of all types of compressors. All processes and procedures for decontamination of all contaminated areas and any and all related materials including handling, erecting and dismantling of containment structures, secondary containment structures and/or weather barrier structures. Any and all work methods associated with preparations to painting including but not limited to masking, covering, etc. All clean-up of any type debris caused by or in preparation and/or application for all of the above will be performed by members of this International Union. Definitions of paint, coating and sealer. NATIONAL ASSOCIATION OF CORROSION ENGINEERING (NACE) a. Coating - (1) A liquid, liquefiable, or mastic composition that, after application to a surface, is converted to a solid protective, decorative, or functional adherent film. b. Paint – a pigmented liquid or resin applied to a substrate as a thin layer that is converted to an opaque solid film after application. It is commonly used as a decorative or protective coating. SOCIETY FOR PROTECTIVE COATINGS (SSPC) a. Coating – (1) A liquid, liquefiable, or mastic composition that is converted to a solid protective, decorative, or functional adherent film after application as a thin layer [ASTM D 16]; (2) Generic term for paint, lacquer, enamel, etc. [Paint/Coatings Dictionary]

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b. Sealer – A coating that provides a seal against absorption or bleeding. Paint, coating, and sealers are defined by the following recognized national associations: AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) a. Coating- a liquid, liquefiable or mastic composition that is converted to a solid protective, decorative, or functional adherent film after application as a thin layer. b. Paint – n, general – a pigmented coating. See coating.

ARTICLE IV ADMINISTRATIVE DUES-CHECK-OFF

(1) Every Employer signatory to this Agreement hereby agrees to check-off from the wages of any employee employed by such Employer during the term of this Agreement administrative dues in the then amount specified in the Union’s by-laws and to remit said amount to the Union in the following manner: a. The Union will notify the Employer in writing of the amount of administrative dues specified in the by-laws, and will submit to the Employer a copy of the bylaws or an applicable by-law provision. b. For each payroll period, the Employer will deduct from the wages of each employee the amount specified in the by-laws based on the number of hours worked during the said payroll period, and all will accumulate said deductions to the end of the month. c. On or before the 15th day of each month, the Employer will remit to the Union the entire amount of administrative dues due and owing as to each employee for the month previous, together with a list of employees covered hereby and the number of hours worked by each during the applicable period. (2) When a signatory Employer performs a job within the jurisdiction of a Union affiliated with the I.U.P.A.T. other than the Union signatory hereto and the bylaws of that other Union contain a provision for administrative dues or Business Representative “assessment”, the Employer shall check-off from the wages of employees covered by this Agreement and employed on that job administrative dues and Business Representative “assessment” in the amount stated in that other Unions by-laws, and shall remit that amount to that other Union. In that event, that other Union shall be acting as agent of the signatory Union for the purpose of policing and administering this Agreement. In performing the check-off from the wages, the procedure specified in Section (1) a-c will be followed, except that it shall be the responsibility of said other Union to notify the Employer in writing of the amount of administrative dues or Business Representative “assessment” specified in its by-laws, and to submit to the Employer a copy of the by-laws or applicable by-law provision. When the signatory Employer performs a job within the jurisdiction of a Union affiliated with the I.U.P.A.T. other than the Union signatory hereto, and the by-laws of that other Union contain no provision for administrative dues or Business Representative “assessment”, the Employer shall continue to be bound by Section (1).

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(3) The obligation of the Employer under section (1) and (2) shall apply only as to employees who have voluntarily signed a valid dues deduction authorization card or I.U.P.A.T. membership application form. (4) At the time of the employment of any employee, the Union will submit to each such employee for his voluntary signature a dues deduction authorization in triplicate, one copy of which is retained by the Union, one copy retained by the Employee, and the other returned to the Employer. The form is to be supplied to such Employer by the Union. (5) On or before the 15th day of each month, the Employer will submit to the Union a list of all Employees covered by the Agreement who have not signed dues deduction authorization card, together with the number of hours worked by each such Employee during the month previous. (6) Any Employer who becomes delinquent in remittance of dues check-off to the Union may, at the Unions discretion, be made to remit the dues check-off on a weekly or by-weekly basis.

ARTICLE V WORK DAY, WORK WEEK, WORK RULES, HOLIDAYS,

SHIFTS, AND OVERTIME SECTION 1. The regular work day shall be 8 working hours with 1/2 hour unpaid lunch.( i.e. an 8-hour shift beginning at 8:00 a.m. shall end at 4:30 p.m. with a 1/2 hour unpaid lunch from 12:00 noon until 12:30 p.m..) The regular work week shall be 40 hours. The work week shall be Monday through Friday inclusive. All work over 8 hours in any one day and over 40 hours in any one week shall be paid at the rate of one and one-half times the regular rate. The Employer may designate a 4 day 10 hour per day schedule at the straight time rate, however, on a 4 day 10 hour schedule, Friday shall be a make-up day. The 4 day 10 hour schedule is only permissible when permitted by law. Once a work schedule is established of either 4 days at 10 hours per day or 5 days at 8 hours per day, the work schedule may not be changed again without notification to the Union. SECTION 2.A (Region 5) Saturday and Sunday will be paid at the rate of one and one-half(1 1/2) times the applicable straight time rate. However, if the work missed Monday through Friday on exterior work is due to inclement weather, then Saturday and Sunday may be worked at the straight time rate. Saturday is also payable at the straight time rate if the employee misses work, except where a doctor’s or hospital’s verification of illness is produced Monday through Friday when work was available to the employee. The intent is to challenge the abuse of some employees missing work Monday through Friday intentionally and then going back to work for time and a half pay on Saturday and Sunday. Saturday is not a make-up day when work is missed as a result of a Holiday. Saturday will be payable at the rate of one and one-half (1 1/2) times the straight time rate if the Employee starts the job on a Saturday or after the beginning of the pay period. Sunday will be paid at one and one-half (1 1/2) times the applicable rate under any circumstances, except in Nuclear Power Plants where the other trades are receiving double time then the employees covered by this agreement shall also receive double time. 2.B (Regions 3, 6 & 7) Saturday and Sunday will be paid at the rate of one and one-half(1 1/2) times the applicable straight time rate. Saturday is also payable at the straight time

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rate if the employee misses work, except where a doctor’s or hospital’s verification of illness is produced Monday through Friday when work was available to the employee. The intent is to challenge the abuse of some employees missing work Monday through Friday intentionally and then going back to work for time and a half pay on Saturday and Sunday. Saturday is not a make-up day when work is missed as a result of a Holiday. Saturday will be payable at the rate of one and one-half (1 1/2) times the straight time rate if the Employee starts the job on a Saturday or after the beginning of the pay period. Sunday will be paid at one and one-half (1 1/2) times the applicable rate under any circumstances, except in Nuclear Power Plants where the other trades are receiving double time then the employees covered by this agreement shall also receive double time. SECTION 3. Holidays: The following holidays will be paid at the rate of double the employee’s straight time rate of pay if worked: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas. A holiday that falls on a Sunday will be celebrated on Monday, a holiday that falls on a Saturday will be celebrated on Friday or as directed by the project schedule. SECTION 4. a. Shift Differential – See regional area applicable wage schedule b. For any shift which starts prior to 6:00 a.m. or after 12:00 noon, the employer shall pay all employees a shift differential of $2.00 per hour above the applicable wage scale. Shift differential shall apply only to projects where building trades standards apply. (ex. PLA’s). SECTION 5. All employees shall be given sufficient personal clean up time. (a minimum of 10 minutes before lunch and quitting time) Personal clean up time is after cleaning and placing materials and equipment where they properly belong. On containment jobs employees will be allowed adequate time to Decon at the Employers expense. SECTION 6. A non-organized ten-minute coffee break is to be allowed each mid-morning and mid afternoon. This break is to be taken at the assigned place of work. In an effort to maintain productivity, safety, and hygiene on full containment jobs or jobs where employees would need to change clothes or travel an extensive distance to safely take a coffee break, then there shall be no coffee breaks. When the above situation exists then 15 minutes shall be added to the lunch period. While the regular 1/2 hour lunch period is unpaid this 15 minutes shall be paid time. The above system in lieu of coffee break may only be implemented by mutual consent of the Employer and the Union on a job by job basis. SECTION 7. When the Employer hires a worker to perform work covered by this Agreement, and orders him/her to report at a certain time and place, and then fails to put him/her to work, such Employee, having reported promptly, shall receive two (2) hours pay and no excuse on the part of the Employer will be accepted for not putting him/her to work except weather conditions over which the Employer has no control. (Show-up time) SECTION 8. Out-of-town Employers or their representatives having a job within the jurisdiction of District Council #4 SHALL BEFORE THE JOB STARTS, meet with the Business Manager/Secretary Treasurer of District Council #4 or his/her designee who shall interpret the Agreement, including hours, wages, overtime pay, payday,

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transportation, safety, rest period, and in general reach a mutual understanding of the contents and application of the Agreement. Such Employer will sign a Memorandum of Understanding before the job starts. SECTION 9. No additional men/women may be added to the work force for night or weekend work from any other employer unless the Union has been notified and cannot supply manpower to perform said work. SECTION 10. All fringe benefit contributions shall be paid on hours worked. This shall include hours attributable to show up time. SECTION 11 Foreman pay – See regional area applicable wage schedule SECTION 12. Industrial Plant Repaint Work ONLY shall be any forty (40) hours per week at 8 hours per day, Monday through Sunday at straight time the basic hourly wage rate plus full fringes as called for in this Agreement. Overtime hours shall be in accordance with Article V, Section 1 of this Agreement. SECTION 13. The terms and conditions of this Agreement may be modified by the duly elected Business Manager/Secretary Treasurer of the I.U.P.A.T. District Council #4 for the purpose of organizing, holding a job Union, maintaining or entering a particular market segment, and for entering into Maintenance Agreements. SECTION 14. Mileage – see regional area applicable wage schedule (Reference Article 9 language) SECTION 15. Per diem – see regional area applicable wage schedule SECTION 16. Parking – see regional applicable wage schedule

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ARTICLE VI REGIONAL WAGES AND FRINGES/SUPPLEMENTS

Wages and fringes shall be payable in accordance with the following defined regions: SECTION 1. Territorial Jurisdiction Region 1. (Buffalo) shall be defined as the following counties in the State of New York: In Niagara County the townships of Somerset, Hartland, Royalton, Newfane, Lockport, Pendleton, N.Tonawanda and the eastern halves of Cambria and Wilson. All of Erie County except territory north of Whitehaven Road, Grand Island, N.Y.. All of Orleans, Genesee and Wyoming Counties. In Chautauqua County, the townships of Dunkirk, Portland, Pomfret, Sheridan, Awkwright, Hanover and Villenova. In Cattaraugus County, the townships of Perrysburg, Dayton, Persia, Otto, East Otto, Ashford, Yorkshire and Machias. (Niagara Falls) shall be defined as the following counties in the State of New York: In Niagara County, the townships of Porter, Lewiston, Niagara Falls, Wheatfield, the western halves of Cambria and Wilson. In Erie County, the territory north of Whitehaven Road, Grand Island, New York. (Olean) shall be defined as the following counties in the State of New York: In Cattaraugus County the townships of Cold Spring, Elko, Mansfield, Little Valley, Salamanca Indian Reservation, Red House, Ellicottville, Great Valley, Carrollton, Franklinville, Humphrey, Allegany, Freedom, Farmersville, Lyndon, Ishua, Hinsdale, Olean and Portville. In Allegany County the townships of Centerville, Rushford, New Hudson, Cuba, Clarksville, Genesee, Hume, Caneadea, Belfast, Friendship, Wirt and Bolivar, Granger, Allen, Angelica, Amidy, Scio, Alma, Grove, Birdsall, West Almond, Ward, Wellsville, Willing, Burns, Almond, Alfred, Andover and Independence. In Livingston County the townships of Portage, Nunda, West Sparta, Ossian, Sparta, North Dansville and Spring Water. In Steuben County the townships of Dansville, Fremont, Hornell City, Hartsville, Greenwood, West Union, Wayland, Howard, Canisteo, Jasper, Troupsburg, Cohocton, Avoca, Weedhull, Prattsburg, Wheeler, Pultney, Wayne, Urbana and Tuscorora. Region 2. (Jamestown) shall be defined as the following counties in the State of New York: In Chautauqua County the townships of French Creek, Mina, Ripley, Westfield, Sherman, Clymer, Chautauqua, North Harmony, Harmony, Busti, Ellery, Stockton, Charlotte, Gerry, Ellicott, Jamestown, Kiantone, Carroll, Poland, Ellington, Cherry Creek. In Cattaraugus County the townships of Leon, Conewango, Randolph, S. Valley, Napoli and New Albion. Region 3. (Syracuse) shall be defined as the following counties in the State of New York: All of Cayuga County, all of Herkimer County, in Lewis County the townships of High Market, Lewis, Leyden, Lyonsdale, Osceola, Turin and West Turing, all of Madison County, all of Oneida County, all of Onondaga County, in Ontario County the city and township of Geneva, in Oswego County the townships of Amboy, Constantia, Oneida Lake and Williamstown, and all of Seneca County. Region 4. (Binghamton) shall be defined as the following counties in the State of New York: all of Chenango, Tioga, Broome, Delaware and Otsego Counties.

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Region 5. (Rochester) shall be defined as the following counties in the State of New York: All of Monroe County, all of Wayne County, all of Ontario County with the exception of the Townships and City of Geneva. All of Yates County. In Livingston County the townships of Geneseo, Conesus, Caledonia, York, Avon, Lima, Leicester, Livonia, Mt. Morris and Groveland. Region 6. (Oswego) shall be defined as the following counties in the State of New York: all of Oswego County except the townships of Amboy, Constantia, Oneida Lake and Williamstown. Region 7. (Watertown) shall be defined as the following counties in the State of New York: All of Jefferson County, in Lewis County the townships of Diana, Croghan, New Bremen, Watson, Greig, Martinsburg, Lowville, Denmark, Harrisburg, Montague and Pinckney. All of St. Lawrence County. Region 8. (Ithaca) shall be defined as the following counties in the State of New York: all of Tompkins and Cortland Counties. Region 9. (Elmira) shall be defined as the following counties in the State of New York: all of Schuyler, and Chemung Counties, Steuben County Townships of Cameron, Bath, Thurston, Bradford, Campbell, Erwin, Lindley, Hornby, City of Corning, Caton, Addison and Rathbone. SECTION 2. Any employer desiring to bid public sector bridges & tanks shall refer to the Master Agreement By & Between Painters District Council #4 & Industrial Painting Contractors of Upstate New York, Inc.

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SECTION 3. REGION 3 (SYRACUSE) 5/1/17

Brush & Roll, $23.25 hr lead based paint abatement, sign painting, parking lot & highway striping and marking, *wallcovering Drywall Taping and Finishing Spray, epoxy & Special Coating (Brush) $23.75 hr Roll Spray Application, sandblasting (operator only), boatswain chair & swing, structural steel drywall machine operator Coal Tar Epoxy $24.75 hr Asbestos Encapsulation $25.45 hr Foreman applicable rate plus $1.00 per hour *When a paperhanger that is a Union member is working by the foot or yard, the contractor shall deduct administrative dues check-off on the gross amount, but any other deductions based on hours will be deducted at a rate of eight (8) hours per day and all fringes will be paid at the rate of eight (8) hours per day. For any shift which starts prior to 6:00a.m or after 12:00 noon, all employees who work a single irregular work shift on governmental mandated work shall be paid an additional $2.00 per hour. Region 3 travel pay shall be in accordance with Article IX Section III with the exception of the following: For all the work done within a 30 mile radius of the city limits of the above cities closest to the employee’s home address, no mileage expense shall apply. For all work outside those areas, employees shall be compensation $0.40 for all miles from the nearest free radius border closest to the employee’s home address to and from the jobsite. Double time shall be paid for Sundays on such jobs only when the general contractor or the owner reimburses our signatory contractors under contract for such job. In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4 Health & Welfare Trust Fund, CNY Pension Fund, DC #4 FTI of Western & Central New York, I.U.P.A.T. Industry Pension Fund, I.U.P.A.T. L.M.C.I., I.U.P.A.T. F.T.I., Industry Advancement Fund at the following rates per hours worked:

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FRINGE BENEFITS (Employer contributions) 5/1/17 Health & Welfare Fund (PAP) $8.25 hr CNY Pension Fund $6.09 hr I.U.P.A.T. Industry Pension Fund $2.52 hr I.U.P.A.T. Annuity Fund $3.45 hr DC 4 F.T.I. of Western & Central New York $1.15 hr Industry Advancement Fund $0.05 hr Total Fringe Benefits $21.51 (Above benefits based on hours worked) In addition to the above wages and fringe benefits paid per hour worked, the Employer shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following Administrative Dues Check-off, Employee Benefit Fund, and Political Action Together (P.A.T.), and Political Action Committee (P.A.C.), DC #4 Organizing Fund and Market Recovery Fund. ( Employee Deductions) Administrative Dues Check-off (Journeypersons) 5% of gross wages Administrative Dues Check-off (Apprentices) 3% of gross wages Employee Benefit Fund $0.10/hr. P.A.T (Political Action Together) $0.05/hr. P.A.C.(Political Action Committee) $0 .02/hr. DC #4 Organizing Fund $0.05/hr The following increases will take place on the dates listed below. The allocation of such increases shall be determined by a majority vote of the membership: May 1, 2018 $0.50 to be determined by members May 1, 2019 $0.50 to be determined by members In addition to the above negotiated wages the employers have agreed to an increase of $0.75 per hour to the CNY Pension Fund and $.07 per hour to the IUPAT Industry Pension Fund each year of this agreement. The union has agreed to allocate $.05 per hour to the IUPAT Industry Pension Fund each year of this agreement. Amendment to Article V, Section 6 the mid morning coffee break will be 15 minutes and there will be no mid afternoon coffee break. Any change to the wage/fringe packages become effective on the first full payroll on or after the effective change date.

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REGIONS 3, 4, 6, 7, 8 PENSION BOARD OF TRUSTEES

SECTION 1. The Central New York Painters and Allied Trades Pension and HealthTrust Funds shall be supervised by a Board of Trustees. The Association of Union Painting and Drywall Finishing Contractors of Central New York shall appoint two (02) trustees and District Council #4 shall appoint two (02) trustees. Rules and regulations pertaining to the operation of the Funds shall be promulgated by the trustees in conformity with all laws governing trust funds and insurance coverage, and shall be equally binding on all employees as well as employers working under this Agreement. SECTION 2. An employer whose main office is outside of the territorial jurisdiction of the Union shall provide a surety bond in the amount of $5,000 in favor of the, Central New York Painters and Allied Trades Pension and DC #4 Health Trust Funds to be deposited with the trustees of these Funds before the work is commenced in the territory covered by this Agreement. Cash in the amount of $5,000 may be deposited in lieu of a bond. The bond or cash shall be held for the purpose of guaranteeing the employer’s performance of this Agreement and the payment of the service charges, expenses, fees and costs provided for in this Article. The bond or cash shall be held until the trustees of the Trust Funds have certified that the employer has completed its work in the territory covered by this Agreement and has paid everything required of the employer by this Agreement. SECTION 3. Any employer, regardless of where his principal office is, shall be obligated upon demand of the trustees or the Union to serve the same bond or deposit of cash as provided above if such employer has been in arrears on their fringe benefit payments to the extent litigation has been commenced fails to make any payment of all delinquent contribution payments and the balance shall remain with the trustees for one year. At the end of that period, the balance may be withdrawn, if all payments that are then due have been made by the employer. SECTION 4. All payments to the Central New York Painters and Allied Trades Pension and DC #4 Health Trust Funds, shall be paid no later than the 45th day following the end of the month for which hours were worked. The payments shall be delivered together with a list of all of the employer’s employees that are covered under this Agreement and the hours paid to each listed employee. If payment has not been received by the Funds on or before the 45th day of the month following the month for which hours were worked, the Fund office shall within five (5) business days thereof notify the Employer by first class mail that the Employer is delinquent and demand that the payments be made within five business days from the date of mailing of the Employer’s delinquency may be referred for legal action. A copy of the letter shall be sent to the business agent(s) for the Local Union (s) involved. If payment has not been received by the Fund within five (5) business days after the date of mailing of the letter to the delinquent Employer, the Trustees, in their sole discretion, may require the delinquent Employer to post a surety bond in an amount to be determined by the Trustees, conditioned upon the payment all monies due and owing to the Funds. Such surety company licensed to do business in the State of New York, for the benefit of the Funds. Such bond shall name the Funds as the obligee. Every delinquent employer who is required to do so shall deliver to the Fund Office a surety bond in the amount and form approved by the Funds.

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In the event that a delinquent employer fails to post a surety bond or fails to make payments pursuant to this Collection Policy, the Board of Trustees or any duly authorized representative of the Board, may immediately refer the matter to legal counsel for institution of legal proceedings. Contributions to the Funds are due 45 days following the month for which the contributions are required. If payment is received by the funds (a) between 1 and 15 days after the due date, liquidated damages of 1% of the total owed shall be assessed; or (b) between 16 and 30 days after the due date, liquidated damages of 2 ½ % of the total owed shall be assessed; or (c) between 31 and 60 days after the due date, liquidated damages of 2 ½ % if the current prime interest rate, whichever is greater, times the total owed shall be assessed; or (d) if payment is not received by the Funds before the 61st day following the due date, the delinquent Employer shall be required to pay: i ) The unpaid contributions; and ii) Interest on the unpaid contributions: and iii) Liquidated damages equal to 10% of the unpaid contributions; and iv) Reasonable attorneys’ fees and cost of collection. SECTION 5. In the event the employer fails to make timely payment of his contributions to the Central New York Painters and Allied Trades Pension and DC #4 Health Trust Funds, any employee who is entitled to the benefits of said Funds shall have the right to maintain an action in his individual capacity to enforce his rights and benefits there under. The cost to the employee to collect a claim because of a delinquent employer will be paid by the delinquent employer involved. Such costs will include reasonable attorney’s fees and other costs incurred in collecting such claim. SECTION 6. If payments are not made within the 45th day following the end of the month for which hours were worked, the Union Shall have the right to remove all employees from the job in addition to, and notwithstanding, any other provisions of this Agreement. SECTION 7. When an employee has made a claim on the form required by the particular Fund, and that employee is denied coverage because of the failure of an employer to make the required contributions, or if the employee commences suit as provided in Section 5 of this article, then the Fund involved shall refuse thereafter to receive a subsequently offered payment of the delinquent contribution by the employer for the said employee covering the particular period of delinquency which has resulted in the failure to cover the said employee. All other contributions shall continue to be due and owing, if not previously paid.

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SECTION 8. No employer (either an individual or by its corporate officer or employee) shall be or remain a trustee at any time while delinquent in contributions to any Fund covered by this agreement, once they are properly relieved. Once such employer is declared delinquent, that employer shall not be permitted to be a trustee for one year from the date all amounts owed pursuant to this Agreement are paid in full, notwithstanding any other provisions of this Agreement of any trust agreement which provides for selection of such trustee. SECTION 9. The employer agrees that upon request of the trustees or Administrator of the Central New York Painters and Allied Trades Pension and DC #4 Health Trust Funds, that such employer will present for inspection to the Administrator’s office of said fund, their payroll books. Failure to do so will constitute a violation of this Agreement. SECTION 10. Mandatory surety bond will be required from all contractors who have been in arrears on their fringe benefits payments to the extent litigation has been commenced.

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REGION 4 (BINGHAMTON) Broome, Chenango & Tioga Delaware & Otsego 5/1/17 5/1/17 Journeyman Taper/Painter $24.90 $25.90 Brush and Roll Epoxy $26.00 $27.00 (Solvent Base Only) Swing Scaffold, Boatswain chair, $25.50 $26.50 spray helper, steam cleaning acid and high pressure water, paperhangers, vinyl hangers, power grinders with respirator, structural steel (buildings) Spray Painting/ $25.90 $26.90 Steeple Jack(Over 100 feet) Spray Epoxy $26.40 $27.40 Sandblasting $25.80 $26.80 In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4 Health & Welfare Trust Fund, I.U.P.A.T. Industry Pension Fund, I.U.P.A.T. Annuity Fund, I.U.P.A.T. L.M.C.I., I.U.P.A.T. F.T.I., DC #4 FTI of Western & Central New York at the following rates per hours worked: FRINGE BENEFITS (Employer contributions) 5/1/17 DC #4 Health Trust Fund $7.55 hr I.U.P.A.T. Industry Pension Fund $6.18 hr I.U.P.A.T. Annuity Fund $3.95 hr DC #4 F.T.I. of Western & Central NY $1.15 hr Total Fringe $18.83 hr In addition to the above wages and fringe benefits paid per hour worked, the Employer shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following Administrative Dues Check-off , Political Action Together(PAT) and DC #4 Organizing Fund. Dues Check off (Journeyperson) 5% of gross wages Dues Check off (Apprentice) 3% of gross wages Political Action Together (P.A.T.) $ .05 per hour DC #4 Organizing Fund $.05 per hour

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The following increases will take place on the dates listed below. The allocation of each annual raise stated below will be determined by the membership in March of each year.

May 1, 2018 $.045 to IUPAT Pension $0.50 to be determined by members May 1, 2019 $.045 to IUPAT Pension $0.50 to be determined by members Overtime 1) Overtime shall be paid as stipulated herein. All work performed before 8:00 a.m. and after 4:30 p.m. on weekdays and all work performed on Saturdays shall be paid one and one-half times the regular rate of pay. All work performed on Sundays and on those holidays listed in Article 5, Section 3, shall be paid at twice the regular rate of pay. Shift Work The first shift or day shift is the regular hours as defined in Article V Section 1 and shall receive the regular rate of pay for all hours worked. The second shift shall have a premium of $2.25 per hour. The third shift shall have a premium of $2.50 per hour. Premium Pay a. Spray, brush, or roll epoxy or similar coatings where epoxy itself is a water soluble product and odor and health factors are not involved then premium rates shall not be involved. This provision however shall not affect the payment of the spray premium only. b. Structural Steel premium rate shall apply to new or old construction where ceilings, walls or the steel itself is to be painted from open trusses which require climbing or crawling without the support of solid scaffolding or scaffolding starting at the floor or ground level. The premium rate shall apply only to employees climbing or crawling. c. Apprentices will be paid 100% of the difference in premium rates as outlined in the wage schedule. Parking Members will walk 1/5 of a mile from the parking lot to the job site. If the parking lot is further then 1/5 of a mile, the contractor will furnish transportation from said parking lot in the A.M to the jobsite and back again at quitting time. Otherwise, the members will leave the job so as to be at the parking area by 3:30pm. If the members are to be transported by the contractor, the truck or bus will leave the parking area no earlier then 6:45am so as to be on the job site before 7:00am.

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Tools All painters shall include as part of their basic sets of tools as defined in Article VIII, one (1) 2 foot to 4 foot extension handle. Mileage/Travel Pay a. All employees working in access of 75 miles away from the contractors office shall be paid $.25 per mile travel pay. It is the desire that employees will carpool whenever possible. b. Employees working far enough away from home to warrant an overnight stay shall be provided with reasonable lodging plus $25.00 per day. Employees will not be required to have more than 2 persons per hotel room. OSHA 10 Certification All members employed in Region 4 shall within six months of ratification be required to have OSHA 10 Certification. Non-Exclusive Referral Procedure In addition to what’s defined in Article XXI, the Employer refuses the applicant(s) referred by the Union, the Employer shall notify the Union of the name of the applicants(s) hired within twenty-four (24) hours of hire. Foreman Pay The Foreman shall receive $1.50 per hour above the applicable rate. The responsibilities expected of the foreman are as follows: 1. Fill out time sheets daily and properly 2. Keep track of project and the production that is being performed by employees 3. Keep track of materials and order on a timely bases as needed 4. OSHA 30 a must have 5. You will be demoted as see fit by your employer if your not performing as a

foreman

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REGION 5 (ROCHESTER) 5/1/17 Basic Brush & Roll $23.22 hr Drywall Taper $24.56 hr Foreman $1.00 (above rate) Spray $23.82 hr Wallcovering $23.52 hr Sandblasting $23.97 hr In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4 Health Trust Fund, I.U.P.A.T. Industry Pension Fund, I.U.P.A.T. Annuity Fund, Local #150 Promotion Fund, I.U.P.A.T. F.T.I., I.U.P.A.T. L.M.C.I., D.C. #4 F.T.I. of Western & Central New York. FRINGE BENEFITS: Painter Decorator Health & Welfare: $9.07 per hour IUPAT Pension: $5.87 per hour IUPAT Annuity: $4.89 per hour DC#4 FTI of Western & Central New York: $ 1.10 per hour Promotion Fund: $ 0.10 per hour Total Fringe: $21.03 per hour In addition to the above wages and fringe benefits paid per hour worked, the Employer shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following: Administrative Dues Check-Off, Political Action Together, DC #4 Organizing Fund and LU #150 Employee Benefit Fund. Dues Check-off (Journeyperson) 5% of gross wages Dues Check-off (Apprentices) 3% of gross wages LU #150 Employee Benefit Fund (Journeypersons) (Painter) $0.68/hour LU #150 employee Benefit Fund (Apprentices) $0.15/hour Political Action Together (P.A.T.) $0.05/hour DC #4 Organizing Fund $0.05/hour Local #150 Dues $8.77/week The following increases will take place on the dates listed below. The allocation of such increases shall be determined by a vote of the membership:

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Painter Decorator May 1, 2018 $0.56 to IUPAT Pension $0.29 To be determined by members May 1, 2019 $0.56 to IUPAT Pension $0.34 To be determined by members No Strike Language: If during negotiations an impasse is declared, the union and employers agree to mandatory binding arbitration in lieu of the union “striking” and the employers “locking out” of employees. Amendment of Article V, Section 6: There will be no mid afternoon coffee break. Amendment to Article XV, E: Employees will be responsible for the job site inspection of equipment prior to using it. Amendment to Article V, Section 1: This region will continue its past practice of any consecutive 8 hours in a calendar day as the work day and any consecutive 40 hours as the work week.

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REGION 6 (OSWEGO) 5/1/17 Brush & Roll, Paperhanging, Vinyl & Tapers, Spray Painting, Sandblasting, Steel, Hazardous work, Working with picks, Bosun’s chair, Window jacks, Swing stage, Safety belts, Steam cleaning. Safe-way staging, Chemical or Epoxy coatings/applications, Hydro water blasting, Steeplejack work, Two (02) component block filler, Encapsulation or Abatement of lead or asbestos & Metalizing. Journeyman $24.39 Nuclear Power Plant Projects $25.58 Journeyman In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4 Health & Welfare Trust Fund, I.U.P.A.T. Industry Pension Fund, C.N.Y.P.A.T. Pension Fund, I.U.P.A.T. Annuity Fund, D.C. #4 F.T.I. of Western & Central NY, I.U.P.A.T. L.M.C.I., I.U.P.A.T. F.T.I. FRINGE BENEFITS: 5/1/17 Employer Contributions D.C. #4 Health & Welfare (PAP) $7.70 CNYPAT Pension Fund $5.79 I.U.P.A.T. Industry Pension Fund $4.12 I.U.P.A.T. Annuity $3.10 D.C. #4 FTI of W&CNY $ 1.15 Total Fringe Benefits $21.86 The above fringe benefits shall be paid on hours worked and not hours paid with the exception of Nuclear Power Plants where benefits shall be paid on hours paid not hours worked. Foreman/lead people on Nuclear Power Plant projects shall receive $2.00 per hour above the applicable base rate. In addition to the above wages and fringe benefits, the Employers shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following: Administrative Dues Check-Off, Political Action Together, DC #4 Organizing Fund and LU #38 Employee Benefit Fund. EMPLOYEE DEDUCTIONS Administrative Dues Check-off Apprentice rate 3% of gross wages Administrative Dues Check-off-Journeyperson rate 5% of gross wages Political Action Together $ .05/hr. DC #4 Organizing Fund $ .05/hr LU #38 Employee Benefit Fund $ .30/hr

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The following increases will take place on the dates listed below. The allocation shall be determined by the membership in March of each year. May 1, 2018 $0.40 to CNY Pension $0.60 To be determined by members May 1, 2019 $0.40 to CNY Pension $0.60 To be determined by members Contractors will match $0.05 per hour to DC #4 FTI on apprentices on 5-1-18 & 5-1-19 if journeymen allocate the same. Foreman to receive $1.00per hour over the base rate for a crew of four (04) or more Foreman to receive $2.00 per hour over the base rate for a crew of eight (08) or more. General Foreman to receive 20% above applicable wage rate for a crew of sixteen (16) or more. Travel time shall be $.30 per mile round trip in accordance with the Free Zone per Article IX Section 3. Saturday is payable at the straight time rate if the employee misses work except where a doctor or hospital verification of illness is produced. The intent is to challenge the abuse of some employees missing work Monday through Friday intentionally and then going back to work for time and a half pay on Saturday and Sunday. For any shift which starts prior to 6:00a.m. or after 12:00 noon, all employees who work a single irregular work shift on governmental mandated work shall be paid an additional $2.00 per hour. Amendment of Article V, Section 6: There will be no mid afternoon coffee break as of 5/1/12 No member shall be required to travel an unreasonable distance to and from work. Employees working far enough away from home to warrant an overnight stay shall be provided with reasonable lodging plus $30.00 per day by the Employer. Employees will not be required to have more than 2 persons per hotel room. Parking up to $10.00 per day with receipt when working outside Local 38 jurisdiction.

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REGION 7 (WATERTOWN) 5/1/17 Basic Brush & Roll, $23.65 hr seamless floor application, Paperhanging, paper removal, wallcoverings Cork & taping $23.91 hr Swing staging, window jacks Cup spray painting, steam cleaning & hydro water blasting $24.01 hr Bosuns chair, sandblasting $24.36 hr Airless spray & conventional $24.16 hr Steel spray painting (new or old construction, non-weather protected) $24.86 hr Steel painting (new or old)* $24.36 hr Skeleton steel where no floors, walls or ceilings are constructed shall constitute steel painting. This includes radio, electric & television towers, flag poles, smoke stacks, gantry cranes and pen stock. The painting of ceilings, walls or the steel itself from open steel trusses which requires climbing or crawling without the support of solid scaffolds starting at floor level shall constitute steel painting. Any of the above steel painting performed over 75 feet in the air shall be paid $1.00 per hour above the current steel rate. For each additional 75 feet or fraction thereof, an additional $1.00 per hour shall be paid. Foreman receives $1.25 over the base pay for the work performed. In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4 Health & Welfare Trust Fund, I.U.P.A.T. Industry Pension Fund, I.U.P.A.T. Annuity Fund, C.N.Y.P.A.T. Pension Fund, D.C. #4 F.T.I. of Western & Central NY, I.U.P.A.T. L.M.C.I., I.U.P.A.T. F.T.I.,

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FRINGE BENEFITS: DC#4 Health & Welfare Fund (PAP) $8.54 hr. CNYPAT Pension Fund $5.09 hr. I.U.P.A.T. Industry Pension Fund $2.94 hr. I.U.P.A.T. Annuity Fund $2.00 hr. D.C. #4 FTI of Western & Central NY $1.15 hr. Total Fringe Package $19.72/hour In addition to the above wages and fringe benefits paid per hour worked, the Employer shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following: Administrative Dues Check-Off - Political Action Together, DC #4 Organizing Fund and LU #38 Employee Benefit Fund. Deductions Administrative Dues Check-off Journeyperson 5% of gross wages Administrative Dues Check-off Apprentice 3% of gross wages Political Action Together $ .05 hr. DC #4 Organizing Fund $ .05 hr LU #38 Employee Benefit Fund $ .30 hr The following increases will take place on the dates listed below. The allocation of each annual raise stated below will be determined by the membership in March of each year. May 1, 2018 $0.40 to CNY Pension $1.10 To be determined by members May 1, 2019 $0.40 to CNY Pension $1.35 To be determined by members Contractors will match $0.05 per hour to DC #4 FTI apprentices on 5-1-18 & 5-1-19 if journeymen allocate the same. Each employee shall be allowed one (1) fifteen (15) minute coffee break. Shift differential shall not apply to the Alcoa Plant. For any shift which starts prior to 6:00a.m. or after 12:00 noon, all employees who work a single irregular work shift on governmental mandated work shall be paid an additional $2.00 per hour. Travel time shall be $.25 per mile round trip. Potsdam, New York is an added mileage Free Zone for those members/employees that reside and work within a fifty (50) mile radius of the city limits of Potsdam. No mileage expense shall apply. For all other members/employees that are required to travel for work over a radius of fifty (50) miles from his home, he/she shall receive twelve ($12.00) per day towards his/her expenses. No member shall be required to travel an unreasonable distance to and from work. Employees working far enough away from home to warrant an overnight stay shall be provided with reasonable lodging plus $30.00 per day by the Employer. Employees will not be required to have more than 2 persons per hotel room. Parking up to $10.00 per day with receipt when working outside Local 38 jurisdiction.

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REGION 8 (ITHACA) 5/1/17 Journeyman Taper/Painter $24.90 hr Brush and Roll Epoxy $26.00 hr (Solvent Base Only) Swing Scaffold, Boatswain chair, $25.50 hr Spray helper, steam cleaning acid And high pressure water, paperhangers, Vinyl hangers, power grinders with Respirator, structural steel (buildings) Spray Painting $25.90 hr Spray Epoxy $26.40 hr Sandblasting $25.80 hr In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4 Health & Welfare Trust Fund, IUPAT Industry Pension Fund, IUPAT Annuity Fund, D.C. #4 F.T.I. of Western & Central NY, I.U.P.A.T. L.M.C.I., I.U.P.A.T. F.T.I. at the following rates per hours worked: FRINGE BENEFITS 5/1/17 DC #4 Health Trust Fund $7.55 hr I.U.P.A.T. Industry Pension Fund $6.18 hr I.U.P.A.T. Annuity Fund $3.95 hr D.C. #4 FTI of Western & Central NY $1.15 hr Total Fringe $18.83 In addition to the above wages and fringe benefits paid per hours worked, the Employer shall deduct from each Employee in his employ working under the jurisdiction of this Agreement the following Administrative Dues Check-off and Political Action Together(PAT), DC #4 Organizing Fund DUES CHECK-OFF: 5% of Gross Wages for Journeyperson

3% of Gross Wages for Apprentices .05 per hour P.A.T. .05 per hour DC #4 Organizing Fund

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The following increases will take place on the dates listed below. The allocation of each annual raise stated below will be determined by the membership in March of each year. May 1, 2018 $0.45 to IUPAT Pension $0.50 to be determined by members May 1, 2019 $0.45 to IUPAT Pension $0.50 to be determined by members Overtime 1) Overtime shall be paid as stipulated herein. All work performed before 8:00 a.m. and after 4:30 p.m. on weekdays and all work performed on Saturdays shall be paid one and one-half times the regular rate of pay. All work performed on Sundays and on those holidays listed in Article 5, Section 3, shall be paid at twice the regular rate of pay. Shift Work The first shift or day shift is the regular hours as defined in Article V Section 1 and shall receive the regular rate of pay for all hours worked. The second shift shall have a premium of $2.25 per hour. The third shift shall have a premium of $2.50 per hour. Premium Pay a. Spray, brush, or roll epoxy or similar coatings where epoxy itself is a water soluble product and odor and health factors are not involved then premium rates shall not be involved. This provision however shall not affect the payment of the spray premium only. b. Structural Steel premium rate shall apply to new or old construction where ceilings, walls or the steel itself is to be painted from open trusses which require climbing or crawling without the support of solid scaffolding or scaffolding starting at the floor or ground level. The premium rate shall apply only to employees climbing or crawling. c. Apprentices will be paid 100% of the difference in premium rates as outlined in the wage schedule. Parking Members will walk 1/5 of a mile from the parking lot to the job site. If the parking lot is further then 1/5 of a mile, the contractor will furnish transportation from said parking lot in the A.M to the jobsite and back again at quitting time. Otherwise, the members will leave the job so as to be at the parking area by 3:30pm. If the members are to be transported by the contractor, the truck or bus will leave the parking area no earlier then 6:45am so as to be on the job site before 7:00am. Tools All painters shall include as part of their basic sets of tools as defined in Article VIII, one (1) 2 foot to 4 foot extension handle.

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Mileage/Travel Pay a. All employees working in access of 75 miles away from the contractors office shall be paid $.25 per mile travel pay. It is the desire that employees will carpool whenever possible. b. Employees working far enough away from home to warrant an overnight stay shall be provided with reasonable lodging plus $25.00 per day. Employees will not be required to have more than 2 persons per hotel room. OSHA 10 Certification All members employed in Region 4 shall within six months of ratification be required to have OSHA 10 Certification. Non-Exclusive Referral Procedure In addition to what’s defined in Article XXI, the Employer refuses the applicant(s) referred by the Union, the Employer shall notify the Union of the name of the applicants(s) hired within twenty-four (24) hours of hire. Foreman Pay The Foreman shall receive $1.50 per hour above the applicable rate. The responsibility expected of the foreman are as follows: 1. Fill out time sheets daily and properly 2. Keep track of project and the production that is being performed by employees 3. Keep track of materials and order on a timely bases as needed 4. OSHA 30 a must have 5. You will be demoted as see fit by your employer if your not performing as a

foreman

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REGION 9 (ELMIRA) Effective 5/1/17

Base Wage Rate $22.21hr * Spray Work $23.21 hr Swing Chair or Swing Scaffold $23.21 hr Steeplejack $24.21 hr Sand Blasting $23.21 hr Acid or High Pressure Wash $23.21 hr Paper/Vinyl Hangers $23.46 hr Structural Steel $23.46 hr Epoxy-brush or roll (solvent base only) $23.46 hr Drywall Machine Operator $24.21 hr Foreman (per hour above base rate) $ 0.50 per hr * Spray rate does not apply to application of water-based coatings to walls. In addition to the above wages, the employer agrees to pay for each hour worked the following fringe benefits for each employee in his employ working under the jurisdiction of this Agreement: DC #4. Health & Welfare Trust Fund, IUPAT Industry Pension Fund, IUPAT Annuity Fund, D.C. #4 F.T.I. of Western & Central NY, I.U.P.A.T. L.M.C.I., I.U.P.A.T. F.T.I. at the following rates per hours worked: EMPLOYER CONTRIBUTIONS IUPAT Annuity $ 1.98/hr IUPAT Industry Pension Fund $ 5.82/hr Health & Welfare Fund (PAP) $ 8.35/hr D.C. #4 FTI of Western & Central NY $ 1.15/hr

TOTAL BENEFITS $ 17.30/hr EMPLOYEE DEDUCTIONS Dues Check Off (Journeyman) 5% of gross wages Dues Check Off (Apprentice) 3% of gross wages Political Action Together (PAT) $ .05/hr D.C. #4 Organizing Fund $ .05/hr

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The following increases will take place on the dates listed below. The allocation of each annual raise stated below will be determined by the membership in March of each year. May 1, 2018 $0.40 to IUPAT Pension $0.35 to be determined by members May 1, 2019 $0.40 to IUPAT Pension $0.35 to be determined by members Additional, for Region 9, the following items will be inclusive for the duration of this agreement: Amendment of Article V Section 6: There will be no mid afternoon coffee break.

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PAINTER APPRENTICESHIP SECTION 4. Painter/Decorator Apprentice Percentages, Schedule of Wages and Fringe Benefits/Supplements for Region 5. A. All painter/decorator/paperhanger apprentices shall be paid a progressively increasing schedule of wages to be set forth by the F.T.I. No apprentice shall be paid less than 50% of a journeyperson rate per hour. 1A 000-750 50% of the jouneypersons rate for the 1st 750 hours 1B 751-1500 55% of the jouneypersons rate for the 2nd 750 hours 2A 1501-2250 60% of the jouneypersons rate for the 3rd 750 hours 2B 2251-3000 65% of the jouneypersons rate for the 4th 750 hours 3A 3001-3750 70% of the jouneypersons rate for the 5th 750 hours 3B 3751-4500 75% of the jouneypersons rate for the 6th 750 hours 4A 4501-5250 80% of the jouneypersons rate for the 7th 750 hours 4B 5251-6000 90% of the jouneypersons rate for the 8th 750 hours Journeyperson after 6,000 hours plus meeting other criteria. The above increase will occur when the apprentice works a minimum of 750 hours during each period. In addition to the 750 hours all apprentices must comply with all other F.T.I. requirements in order to advance. B. For all four (4) years each apprentice will attend classroom related instruction as mandated by the N.Y.S.D.O.L., Div. of Apprenticeship, set forth by the F.T.I. J.A.T.C. RATIOS OF WORKFORCE will be 1 to 1(1 apprentice to 1 journey level person), then 1 to 3 (1 apprentice to 3 journey level person) per job. These ratios are in compliance with the N.Y.S.D.O.L. Div. of Apprenticeship. All fringe benefits based on hours worked, not paid.

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A. Painter/Decorator Apprentice Fringe Benefits REGION 5 (Rochester)

Program Code

OJT HOURS % of Journey Rate

Rate Per Hour

Fringe Benefits Total Fringes

Pension Apprentice PAP

1A 000 - 750 50% $11.61 $0.42 $0.90 $1.00 $2.32

1B 751 - 1500 55% $12.77 $0.42 $0.90 $1.00 $2.32

2A 1501 - 2250 60% $13.93 $0.42 $0.90 $3.00 $4.32

2B 2251 - 3000 65% $15.09 $0.42 $0.90 $3.00 $4.32

3A 3001 - 3750 70% $16.25 $0.42 $0.90 $3.00 $4.32

3B 3751 - 4500 75% $17.42 $0.42 $0.90 $3.50 $4.82

4A 4501 - 5250 80% $18.58 $0.42 $0.90 $3.50 $4.82

4B 5251 - 6000 90% $20.90 $0.42 $0.90 $4.00 $5.32

Deductions: 3% of Gross Wages DC #4 dues check-off $0.15 per hour LU #150 Employee Benefit Fund $0.05 per hour P.A.T. $0.05 per hour DC #4 Organizing Fund $8.77 per week Local Union Dues

PAINTER/TAPER APPRENTICESHIP

The Painter and Taper program have been merged together in accordance with the N.Y.S.D.O.L. Division of Apprenticeship. Painter/Taper Apprentice Percentages, schedule of Wages & Fringe/Supplement. REGION 3 (Syracuse), REGION 4 (Binghamton), REGION 6 (Oswego), REGION 7 (Watertown), REGION 8 (Ithaca), REGION 9 (Elmira) A. All painter/taper apprentices shall be paid a progressively increasing schedule of wages to be set forth by the F.T.I. No apprentice shall be paid less than 50% of a journeyperson rate per hour. 1A 000-750 50% of the journeypersons Painter/Taper/ rate for the 1st 750 hours 1B 751-1500 55% of the journeypersons Painter/Taper/ rate for the 2nd 750 hours 2A 1501-2250 60% of the journeypersons Painter/Taper/ rate for the 3rd 750 hours 2B 2251-3000 65% of the journeypersons Painter/Taper/ rate for the 4th 750 hours 3A 3001-3750 70% of the journeypersons Painter/Taper/ rate for the 5th 750 hours 3B 3751-4500 75% of the journeypersons Painter/Taper/ rate for the 6th 750 hours 4A 4501-5250 80% of the journeypersons Painter/Taper/ rate for the 7th 750 hours 4B 5251-6000 90% of the journeypersons Painter/Taper/ rate for the 8th 750 hours The above increases will occur when the apprentice works a minimum of 750 hours during each period. In addition to the 750 hours, all apprentices must comply with all other F.T.I. requirements in order to advance. B. For all four (04) years, each apprentice will attend classroom related instruction as mandated by the N.Y.S.D.O.L., Div. of Apprenticeship, set forth by the F.T.I. J.A.T.C..

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The employer agrees to pay the above fringe benefits on hours worked and not hours paid with the exception of apprentices working at the Nuclear Power Plants Region 7 Watertown. C. Painter/Taper Apprentice Fringe Benefits REGION 3 (Syracuse)

Program

Code

OJT HOURS

% of

Journey Rate

Rate Per

Hour

Fringe Benefits Total

Fringes CNY

PensionIUPAT

PensionIUPAT

Annuity

Apprentice

PAP

1A 000 - 750 50% $11.63 $0.16 $0.26 $0.00 $0.95 $4.05 $5.42

1B 751 - 1500 55% $12.79 $0.16 $0.26 $0.00 $0.95 $4.05 $5.42

2A 1501 - 2250 60% $13.95 $0.16 $0.26 $0.00 $0.95 $4.05 $5.42

2B 2251 - 3000 65% $15.11 $0.16 $0.26 $0.00 $0.95 $4.05 $5.42

3A 3001 - 3750 70% $16.28 $0.70 $0.80 $0.10 $0.95 $4.05 $6.60

3B 3751 - 4500 75% $17.44 $0.70 $0.80 $0.10 $0.95 $4.05 $6.60

4A 4501 - 5250 80% $18.60 $1.36 $0.80 $0.60 $0.95 $4.05 $7.76

4B 5251 - 6000 90% $20.93 $1.36 $0.80 $0.60 $0.95 $4.05 $7.76

Deductions: 3% of Gross Wages DC #4 dues check-off $0.10 per hour LU #31 Employee Benefit Fund $0.05 per hour P.A.T. $0.02 per hour P.A.C. $0.05 per hour DC #4 Organizing Fund REGION 4 (Binghamton – Delaware & Otsego County)

Deductions: 3% of Gross Wages DC #4 dues check-off $0.05 per hour DC #4 Organizing Fund $0.05 per hour P.A.T.

Program % of Rate Per Fringe Benefits Total

Code OJT HOURS Journey Rate Hour Pension Annuity Apprentice PAP Fringes

1A 000 - 750 50% $12.95 $0.31 $0.00 $0.95 $4.10 $5.36

1B 751 - 1500 55% $14.25 $0.31 $0.00 $0.95 $4.10 $5.36

2A 1501 - 2250 60% $15.54 $0.31 $0.00 $0.95 $4.10 $5.36

2B 2251 - 3000 65% $16.84 $0.31 $0.00 $0.95 $4.10 $5.36

3A 3001 - 3750 70% $18.13 $1.27 $0.10 $0.95 $4.10 $6.42

3B 3751 - 4500 75% $19.43 $1.27 $0.10 $0.95 $4.10 $6.42

4A 4501 - 5250 80% $20.72 $2.02 $0.60 $0.95 $4.10 $7.67

4B 5251 - 6000 90% $23.31 $2.02 $0.60 $0.95 $4.10 $7.67

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REGION 4 (Binghamton – Chenango, Tioga & Broome County)

Deductions: 3% of Gross Wages DC #4 dues check-off $0.05 per hour DC #4 Organizing Fund $0.05 per hour P.A.T. REGION 6 (Oswego) REGION 7 (Watertown)

Program

Code

OJT HOURS

% of

Journey Rate

Rate Per

Hour

Fringe Benefits Total

FringesCNY

PensionIUPAT

PensionIUPAT

Annuity

Apprentice

PAP

1A 000 - 750 50% $12.20 $0.15 $0.31 $0.00 $0.95 $4.50 $5.91

1B 751 - 1500 55% $13.41 $0.15 $0.31 $0.00 $0.95 $4.50 $5.91

2A 1501 - 2250 60% $14.63 $0.15 $0.31 $0.00 $0.95 $4.50 $5.91

2B 2251 - 3000 65% $15.85 $0.15 $0.31 $0.00 $0.95 $4.50 $5.91

3A 3001 - 3750 70% $17.07 $0.69 $1.12 $0.10 $0.95 $4.50 $7.36

3B 3751 - 4500 75% $18.29 $0.69 $1.12 $0.10 $0.95 $4.50 $7.36

4A 4501 - 5250 80% $19.51 $1.35 $1.12 $0.60 $0.95 $4.50 $8.52

4B 5251 - 6000 90% $21.95 $1.35 $1.12 $0.60 $0.95 $4.50 $8.52

Deductions: 3% of Gross Wages DC #4 dues check-off $0.05 per hour P.A.T. $0.30 per hour LU #38 Employee Benefit Fund

$0.05 per hour DC #4 Organizing Fund


Code OJT HOURS Journey Rate Hour Pension Annuity Apprentice PAP Fringes

1A 000 - 750 50% $12.45 $0.31 $0.00 $0.95 $4.10 $5.36

1B 751 - 1500 55% $13.70 $0.31 $0.00 $0.95 $4.10 $5.36

2A 1501 - 2250 60% $14.94 $0.31 $0.00 $0.95 $4.10 $5.36

2B 2251 - 3000 65% $16.19 $0.31 $0.00 $0.95 $4.10 $5.36

3A 3001 - 3750 70% $17.43 $1.27 $0.10 $0.95 $4.10 $6.42

3B 3751 - 4500 75% $18.68 $1.27 $0.10 $0.95 $4.10 $6.42

4A 4501 - 5250 80% $19.92 $2.02 $0.60 $0.95 $4.10 $7.67

4B 5251 - 6000 90% $22.41 $2.02 $0.60 $0.95 $4.10 $7.67

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REGION 8 (Ithaca)


Code OJT HOURS Journey Rate Hour IUPAT

Pension IUPAT

Annuity Apprentice PAP Fringes

1A 0000 - 750 50% $12.45 $0.31 $0.00 $0.95 $4.10 $5.36

1B 751 - 1500 55% $13.70 $0.31 $0.00 $0.95 $4.10 $5.36

2A 1501 - 2250 60% $14.94 $0.31 $0.00 $0.95 $4.10 $5.36

2B 2251 - 3000 65% $16.19 $0.31 $0.00 $0.95 $4.10 $5.36

3A 3001 - 3750 70% $17.43 $1.27 $0.10 $0.95 $4.10 $6.42

3B 3751 - 4500 75% $18.68 $1.27 $0.10 $0.95 $4.10 $6.42

4A 4501 - 5250 80% $19.92 $2.02 $0.60 $0.95 $4.10 $7.67

4B 5251 - 6000 90% $22.41 $2.02 $0.60 $0.95 $4.10 $7.67

Deductions: 3% of Gross Wages DC #4 dues check-off $0.05 per hour P.A.T. $0.05 per hour DC #4 Organizing Fund REGION 9 (Elmira)

Program

Code

OJT HOURS

% of

Journey Rate

Rate Per

Hour

Fringe Benefits

Total Fringes

IUPAT

Pension

Apprentice

PAP

1A 000 - 750 50% $11.11 $0.41 $0.95 $1.10 $2.46

1B 751 - 1500 55% $12.23 $0.41 $0.95 $1.10 $2.46

2A 1501 - 2250 60% $13.33 $0.41 $0.95 $4.10 $5.46

2B 2251 - 3000 65% $14.44 $0.41 $0.95 $4.10 $5.46

3A 3001 - 3750 70% $15.55 $0.41 $0.95 $5.10 $6.46

3B 3751 - 4500 75% $16.66 $0.41 $0.95 $5.10 $6.46

4A 4501 - 5250 80% $17.77 $0.41 $0.95 $5.10 $6.46

4B 5251 - 6000 90% $19.99 $0.41 $0.95 $5.10 $6.46

Deductions: 3% of Gross Wages DC #4 dues check-off $0.05 per hour P.A.T. $0.05 per hour DC #4 Organizing Fund

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SECTION 5. IUPAT Pension Funding Improvement Plan Region 3 Syracuse The IUPAT Pension Funding Improvement Plan (FIP) requires increased contributions, to the IUPAT Pension Fund, over the next five years (2017 – 2021). The increase needs to be equal to 50% over the contribution rate in effect on January 1, 2012, which was $ 2.00 for (Journeyman) and $0.14 (1st & 2nd yr apprentices) $0.68 (3rd & 4th yr apprentices) The FIP therefore requires that the IUPAT Pension have an hourly contribution of $3.00 for (Journeyman) and $0.21 (1st & 2nd yr apprentices) and $1.02 for (3rd & 4th yr apprentices) by December 31, 2021. The beneficiaries will earn a 2% accrual on the increases. If the goal isn’t met by December 31, 2021, a default schedule will be put in place that will require a 9.5% increase in contributions and participants will receive no benefit accrual for such contributions. To that end the following is agreed upon: Beginning May 1, 2017, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.12 (Journeyman) and $0.12 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2018, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.12 (Journeyman) and $0.07 (3rd & 4th yr Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2019, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.12 (Journeyman) and $0.07 (3rd & 4th yr Apprentices) to the IUPAT Industry Pension. The parties agree that no later than December 31, 2021, the contribution rate to the IUPAT Industry Pension Fund for each hour, or portion thereof, worked shall be increased to a minimum of $ 3.00 (Journeyman), $0.21 (1st & 2nd yr Apprentices) $ 1.02 (3rd & 4th yr Apprentices)

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Region 4 Binghamton The IUPAT Pension Funding Improvement Plan (FIP) requires increased contributions, to the IUPAT Pension Fund, over the next five years (2017 – 2021). The increase needs to be equal to 50% over the contribution rate in effect on January 1, 2012, which was $5.13 (Journeyman) and $0.14 (1st & 2nd Year Apprentices) $0.78 (3rd Year Apprentice) $1.28 (4th Year apprentice). The FIP therefore requires that the IUPAT Pension have an hourly contribution of $7.70 (Journeyman) and $0.21 (1st & 2nd Year Apprentices) $1.17 (3rd year apprentice) $1.92 (4th year apprentice) by December 31, 2021. The beneficiaries will earn a 2% accrual on the increases. If the goal isn’t met by December 31, 2021, a default schedule will be put in place that will require a 9.5% increase in contributions and participants will receive no benefit accrual for such contributions. To that end the following is agreed upon: Beginning May 1, 2017, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.45 (Journeyman) and $0.07 (1st & 2nd Year Apprentices) $0.39 (3rd year apprentices) $0.64 (4th year apprentices to the IUPAT Industry Pension. Beginning May 1, 2018, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.45 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2019, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.45 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. The parties agree that no later than January 1, 2021, the contribution rate to the IUPAT Industry Pension Fund for each hour, or portion thereof, worked shall be increased to a minimum of $7.70(Journeyman) $0.21 (1st & 2nd Year Apprentices) $1.17 (3rd year apprentice) $1.92 (4th year apprentice).

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Region 5 Rochester (Painters) The IUPAT Pension Funding Improvement Plan (FIP) requires increased contributions, to the IUPAT Pension Fund, over the next five years (2017 – 2021). The increase needs to be equal to 50% over the contribution rate in effect on January 1, 2012, which was $4.66 (Journeyman) and $0.27 (Apprentices). The FIP therefore requires that the IUPAT Pension have an hourly contribution of $6.99 (Journeyman) and $0.42 (Apprentices) by December 31, 2021. The beneficiaries will earn a 2% accrual on the increases. If the goal isn’t met by December 31, 2021, a default schedule will be put in place that will require a 9.5% increase in contributions and participants will receive no benefit accrual for such contributions. To that end the following is agreed upon: Beginning May 1, 2017, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.66 (Journeyman) and $0.15 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2018, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.56 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2019, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.56 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. The parties agree that no later than January 1, 2021, the contribution rate to the IUPAT Industry Pension Fund for each hour, or portion thereof, worked shall be increased to a minimum of $6.99 (Journeyman) and $0.42 (Apprentices)

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Region 8 Ithaca The IUPAT Pension Funding Improvement Plan (FIP) requires increased contributions, to the IUPAT Pension Fund, over the next five years (2017 – 2021). The increase needs to be equal to 50% over the contribution rate in effect on January 1, 2012, which was $4.33 (Journeyman) and $0.14 (1st & 2nd Year Apprentices) $0.78 (3rd Year Apprentice) $1.28 (4th Year apprentice). The FIP therefore requires that the IUPAT Pension have an hourly contribution of $6.50 (Journeyman) and $0.21 (1st & 2nd Year Apprentices) $1.17 (3rd year apprentice) $1.92 (4th year apprentice) by December 31, 2021. The beneficiaries will earn a 2% accrual on the increases. If the goal isn’t met by December 31, 2021, a default schedule will be put in place that will require a 9.5% increase in contributions and participants will receive no benefit accrual for such contributions. To that end the following is agreed upon: Beginning May 1, 2017, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.45 (Journeyman) and $0.07 (1st & 2nd Year Apprentices) $0.39 (3rd year apprentices) $0.64 (4th year apprentices to the IUPAT Industry Pension. Beginning May 1, 2018, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.45 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2019, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.45 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. The parties agree that no later than January 1, 2021, the contribution rate to the IUPAT Industry Pension Fund for each hour, or portion thereof, worked shall be increased to a minimum of $6.50 (Journeyman) and $0.21 (1st & 2nd Year Apprentices) $1.17 (3rd year apprentice) $1.92 (4th year apprentice).

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Region 9 Elmira The IUPAT Pension Funding Improvement Plan (FIP) requires increased contributions, to the IUPAT Pension Fund, over the next five years (2017 – 2021). The increase needs to be equal to 50% over the contribution rate in effect on January 1, 2012, which was $4.59 (Journeyman) and $0.14 (Apprentices). The FIP therefore requires that the IUPAT Pension have an hourly contribution of $6.89 (Journeyman) and $0.41 (Apprentices) by December 31, 2021. The beneficiaries will earn a 2% accrual on the increases. If the goal isn’t met by December 31, 2021, a default schedule will be put in place that will require a 9.5% increase in contributions and participants will receive no benefit accrual for such contributions. To that end the following is agreed upon: Beginning May 1, 2017, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.40 (Journeyman) and $0.14 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2018, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.40(Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. Beginning May 1, 2019, for each hour, or portion thereof, for which an employee receives pay, the Employer shall make an additional contribution of $0.40 (Journeyman) and $0 (Apprentices) to the IUPAT Industry Pension. The parties agree that no later than January 1, 2021, the contribution rate to the IUPAT Industry Pension Fund for each hour, or portion thereof, worked shall be increased to a minimum of $6.89 (Journeyman) and $0.41 (Apprentices).

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ARTICLE VII POLITICAL ACTION TOGETHER FUND

Employers agree to deduct from employees wages five cents ($.05) per hour to be contributed to the Political Action Together Fund of The International Union of Painters and Allied Trades. Employers party to this Agreement hereby agree to honor authorizations for Check-off of political contributions for all employees who are Union members in the following form: Political Contribution Check-Off Authorization This is to authorize any of the various Employers who are signatory to an Agreement with the International Union of Painters and Allied Trades, including any renewal thereof, an by whom I may be employed under and during the terms of such Agreement or any renewal thereof, to deduct from my wages on a ($.05 per hour worked) and to forward that amount to the Political Action Together Committee. This authorization is signed freely and voluntarily and not out of any fear of reprisal and on the understanding that the Political Action Together Committee will use the money to make political contributions and expenditures in connection with federal, state and local election and that this voluntary authorization may be revoked at any time by notifying the employers and the P.A.T. Political Committee, and are not deductible as charitable contributions for Federal income tax purposes. ______________ _________________________ _________________ DATE SIGNATURE SS #

ARTICLE VIII TOOLS

SECTION 1. The use of tools is unrestricted but they shall be used in compliance with the appropriate State and Federal regulations. Equipment operators and spray painters shall be given 15 minutes to clean the equipment and themselves prior to lunch and prior to quitting time. SECTION 2. The Employer will supply all tools necessary to perform the work covered by the Agreement except for dusters, putty knives and miscellaneous hand tools on commercial painting work SECTION 3 Employers shall provide at the job site for wall covering applicator (paperhanger) all tables, pasting machines, razor blades, sponges, and any other equipment or materials needed to perform such work. The wall covering applicator (paperhanger) shall be responsible for supplying the basic hand tools only. SECTION 4. Drywall finishers shall supply their own set of basic drywall knives, pan, and misc. hand tools. All other drywall tools, material, and equipment shall be provided by the employer. SECTION 5 The employer will supply everything on all steel or industrial jobs.

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ARTICLE IX OUT OF GEOGRAPHIC JURISDICTION WORK

SECTION 1. The Contractor or the employer party to this Agreement, when engaged in work outside the geographical jurisdiction of the Union Party to this Agreement shall employ not less than 50% of the men employed on such work from the residents of the area where the work is performed or from among persons who are employed the greater percentage of their time in such area; any other shall be employed only from the Contractor’s home area. SECTION 2. The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of the Union Party to this Agreement, comply with all of the lawful clauses of the Collective Bargaining Agreement in effect in said other geographic jurisdiction and executed by the Employers of the industry and the affiliated Local Union in that jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits, and procedure for settlement of grievances set forth therein; provided however, that where no affiliated Union has a current effective Agreement covering such out of area work, the Employer shall perform such work in accordance with this Agreement; and provided further that as to employees employed by such Employer from within the geographic jurisdiction of the Union party to this Agreement and who are brought into an outside jurisdiction, such employee shall be entitled to receive the wages and conditions effective in either the home or outside jurisdiction, whichever are more favorable to such employees. In situations covered by the last provision, fringe benefit contributions on behalf of such employees shall be made solely to their home funds in accordance with their governing documents, and the difference between the wages and benefit contributions required by the “away funds” and the “home funds”, if any, shall be paid to the employees as additional wages. This provision is enforceable by the Local Union or District Council in whose jurisdiction the work is being performed, both through the procedure for settlement of grievances set forth in its applicable Collective Bargaining Agreement and through the courts, and is also enforceable by the Union Party to this Agreement both through the procedure for settlement of grievances set forth in this Agreement and through the courts. SECTION 3. Mileage Free Zones Buffalo Binghamton Elmira Ithaca Oneonta Oswego Rochester Syracuse Utica Watertown For all the work done within a 30 mile radius of the city limits of the above cities, no mileage expense shall apply. For all work outside those areas employees shall be compensated as per regional area applicable wage schedule for all miles from the nearest free radius border, to and from the jobsite. At the beginning of jobs where mileage will be or may not be in effect the Business Manager/Secretary Treasurer and the Employer will agree on the number of miles employers are to compensate for. When an Employer provides a vehicle for his/her Employee, no compensation for mileage is required. No member shall be required to travel an unreasonable distance to and from work.

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Employees working far enough away from home to warrant an overnight stay shall be provided with reasonable lodging. Employees will not be required to have more than 2 persons per hotel room. See regional area wage schedule Regions 3, 4, 6 & 7 have there own cents per mile. Refer to regional area applicable wage schedule determine the cents per mile. Regions 1, 2, 4, 6 & 7 have there own per diem. Refer to regional area applicable wage schedule to determine the per diem for over night stays. SECTION 4. Employees working within the jurisdiction of District Council #4 shall be paid the higher of either their home regional wage rate and benefits or the regional wage rate and fringe benefits where the work is being performed. All fringe benefits shall be paid to each employees home Local Union fringe benefit funds.

ARTICLE X PAYMENT OF WAGES

Employees shall be paid on the job weekly, not later than the close of the regular work day and not more than three days wages may be held at any time. Any Employee not receiving pay on the job site by the end of the regular work week shall be entitled to receive waiting time at the rate of straight time until such wages are received. Any Employee not receiving pay on the job site and required to go to the Employer’s shop or office to receive pay shall be allowed sufficient time to travel to the Employer’s shop or office, at the Employer’s expense. All wages shall be paid in cash or company check and shall be accompanied by a statement of gross earnings and any deductions legally made. Such statement shall show the Employer’s name, the Employee’s name, the hourly rate of pay, the dates and hours worked, all deductions made and the net amount due to the Employee. Wage payments shall conform with all applicable federal and state laws. Employees who quit need not be paid until the regular pay day. In the case of discharge or lay off, the Employer has one (1) business day after the lay off or discharge to mail the check to the Employee. If the paycheck envelope is not postmarked within the one(1) business day of the lay off, the Employee shall be entitled to waiting time as stated above.

ARTICLE XI TRUST FUNDS

SECTION 1. Contributions to the International Painters and Allied Trades Industry Pension Fund, The Finishing Trades Institute and the Painters and Allied Trades Labor Management Cooperation Initiative 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer agrees to make payments to the International Painters and Allied Trades Industry Pension Fund (“the Industry Pension Fund”), the Finishing Trades Institute (“FTI”) and the Painters and Allied Trades Labor Management Cooperation Initiative (“LMCI”) for each employee covered by this Agreement as follows:

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a. For each hour or portion of an hour for which an employee receives pay, the Employer shall make a contribution as per Article VI of this Agreement to the Industry Pension Fund, FTI and to the LMCI. (Contributions must be made for each hour paid by the Employer, except that, when overtime rates apply, a contribution need be made for only the actual hour(s) worked) b. Contributions shall be paid on behalf of any employee starting with the employee’s first hour of employment in a job classification covered by this Agreement. This includes but is not limited to, apprentices, journeypersons, trainees and probationary employees. c. The payments to the Pension, Apprenticeship and LMCI Funds described above shall be made separately to each respective Fund or as otherwise set forth in written instructions that the Employer shall receive from the Administrator(s) of each respective fund. The Employer hereby understands, accepts and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has been adopted by the parties to each of the respective Funds identified above, including all amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to said Agreements and Declaration of Trust as though it had actually signed the same. d. The Employer shall, with respect to any and all contributions or other amounts that may be due and owing to the IUPAT and its related or affiliated Funds or organizations, including but not limited to, the International Painters and Allied Trades Industry Pension Fund, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action Together (and any and all other affiliated International organizations as may be created or established in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations, make all required payments, either directly or through an intermediate body, to the “Central Collections” Unit of the International Union and its affiliated Funds and organizations. Such contributions shall be submitted on appropriate forms, in such format and with such information as may be required by Central Collections. 2. a. The Employer and Union hereby irrevocably designates as its representatives on the Board of Trustee of the International Painters and Allied Trades Industry Pension Fund, the FTI and the LMCI such Trustees as are now serving, and who will in the future serve, as Employer and Union Trustees, together with their successors, as provided for in the aforesaid trust indentures. b. The parties hereby further agree to be bound by all actions taken by the Trustees of the International Painters and Allied Trades Industry Pension Fund, the FTI and the LMCI Funds pursuant to the said Agreements and Declarations of Trust. 3. All contributions to the Funds described in paragraph 1 hereof shall be made at such time and in such manner as the Trustees of each respective Fund may require, and the Trustees shall have the authority to have certified public accountant audit the payroll, wage and other relevant records of the Employer for the purpose of determining the accuracy of contributions to each respective Fund. 4. If an Employer fails to make contributions to any of the Funds described in paragraph 1 hereof within twenty (20) days after the date required by the Trustees, such failure shall be deemed a violation of this Agreement and the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any provisions hereof to the contrary notwithstanding, and the Employer shall be liable for all

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costs of collecting the payments due, together with the attorneys’ fees and such penalties as may be assessed by the Trustees of each respective Fund. The Employer’s liability for payment under this provision shall not be subject to or covered by any “no strike” clause which may be provided or set forth elsewhere in this Agreement and such provisions shall not apply in the event of a violation of this clause. 5. Each of the respective Funds described in paragraph 1 hereof shall, at all times conform with the requirements of the Internal Revenue Code and other applicable laws and regulations so as to enable the Employer, at all times, to treat contributions to them as a deduction for income tax purposes. SECTION 2. Contributions to District Council #4 Personal Account Plan (PAP), Supplemental Unemployment Fund (SUB) and FTI of Western & Central New York (Supplements) 1. Personal Account Plan (PAP) . Effective May 1, 2017 and for the duration of this Agreement the Employer shall remit to District Council #4 Trust Funds the amount specified in Article VI for each hour worked to an Employee covered by this Agreement for the Personal Account Plan. (PAP) Supplemental Unemployment Fund. (SUB) Effective May 1, 2017 and for the duration of this Agreement, the Employer shall remit $1.05 to District Council #4 Trust Funds for each hour worked by an Employee covered by this Agreement for the Supplemental Unemployment Fund. (S.U.B.) District Council #4 FTI of Western & Central New York Effective May 1, 2017 and for the duration of this Agreement, the Employer shall remit to District Council #4 Trust Funds the amount specified in Article VI per hour worked by an Employee covered by this Agreement for the District Council #4 FTI of Western & Central New York 2. Procedure for the Remittance of Funds and Administrative Dues Check-Off On or before the 15th day of the month following the close of the preceding month's payroll, on a form to be provided by the Union, each Employer will list all of his Employees covered under this Agreement, and the amount of the total deductions withheld from the Employee's wages, pursuant to such authorizations, to the entity designated on the bottom of the Employer's Form. (Example: April is due by the 15th of May) All payments to the District Council No. 4 Trust Funds shall be paid no later than the 15th day following the end of the month for which payments are due. If payments are not made within the fifteen (15) days from the last day of the month, then the Union shall have the right to remove all Employees of the Employer signatory to this Agreement in any jurisdiction of District Council No. 4 from the job notwithstanding any other provision of this Agreement, including the no-strike clauses. Any Employer who fails to make payments within the 15 days shall also pay a service charge of 1 percent of the amount due, together with the costs incurred by the Trustees in collecting such delinquent accounts, including but not limited to, reasonable attorney's fees and court costs and disbursements in addition to the service charge of 1 percent.

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3. Employer agrees that a failure to report names of all employees to District Council No. 4 Trust Funds for any of the outlined Trust Funds shall constitute a violation of this Agreement. For each failure to report, the Employer shall be liable to each Trust Fund an amount not to exceed $250.00. 4. The Union and Employer hereby irrevocably designates as it representatives on the Board of Trustees of the Personal Account Plan (PAP), Supplemental Unemployment Fund (SUB), FTI of Western & Central New York such Trustees as are now serving, or who will in the future serve, as Union and Employer Trustees, together with their successors, as provided for the aforesaid trust indentures. The parties hereby further agree to be bound by all actions taken by the Trustees of the PAP, SUB, FTI of Western & Central New York pursuant to the said Agreements and Declarations of Trust. Trust Fund Administrator(s) shall furnish monthly a list of the Employers delinquent to the Trust Funds to Trustees of the Trust Funds.

ARTICLE XII EMPLOYER REQUIREMENTS (BONDING)

SECTION 1. The Employer may, at the discretion of the Union, be required to post a surety bond with the Union in the amount of $25,000.00 guaranteeing payment of any wages and/or payment of any contributions to any approved fringe benefit plan which the Employer is required to contribute to by this Agreement. The Union will provide the Employer with the proper bonding forms. For Bridge Contractors see Article VI Sec. 2. Also, the employer may, at the discretion of the Union, be required to pay fringe benefits as outlined in Article 6 on a weekly basis. IN SUPPORT OF THOSE EMPLOYERS MAKING FRINGE BENEFIT PAYMENTS ON A TIMELY SCHEDULE AS OUTLINED IN ARTICLE 6, OTHER EMPLOYERS WORKING IN THE DC#4 AREA AS OUTLINED IN ARTICLE III, HAVING NO PREVIOUS HISTORY OF PAYING FRINGE BENEFITS AND/OR CAN NOT PRESENT A SURETY BOND, SHALL BE REQUIRED TO PAY THE FRINGE BENEFITS ON A WEEKLY BASIS. FAILURE TO MEET A WEEKLY PAYMENT SCHEDULE GIVES THE UNION THE RIGHT TO REMOVE ALL EMPLOYEES. SECTION 2. All Employees shall be protected under the provisions of the Workmen's Compensation Law of New York State, the Disability Law and the Unemployment Insurance Law. SECTION 3. All out-of-state Employers agree to sign a New York State application for voluntary DBL (Form DB13S) and a voluntary application for coverage under Section 561 of the New York State Unemployment Insurance Law before work commences.

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ARTICLE XIII JOINT TRADE BOARD AND GRIEVANCE PROCEDURE

1. The parties shall establish and maintain a Joint Trade Board composed of ten members, five appointed by the Union and five appointed by the Employers Association. Four members, two appointed by each party, shall constitute a quorum. Decisions shall be made by majority vote, provided that Union appointees and Employer appointees shall have equal voting strength with respect to such vote. Members of the Joint Trade Board shall choose a chairman and secretary, to serve such terms as may be agreed upon by the Board, provided that one such officer shall be a Union appointee and one an Employer appointee. 2. The Joint Trade Board is empowered to hear and decide all grievances and disputes which arise between the parties as to the interpretation or application of this Agreement; to award or assess remedies, damages and penalties for violations of this Agreement; to issue interpretative rulings or other rules and regulations as it deems necessary to give force and effect to the purpose and intent of this Agreement; to investigate all grievances and disputes submitted to it, Including the conduct of audits of Employer records; to recommend amendments to or changes in this Agreement, but only upon request of both parties; to appoint such persons or committees as may be necessary to aid the Board in the performance of its duties; and to demand of employers who repeatedly violate this Agreement the posting of a cash or surety bond to assure future compliance. 3. All grievances and disputes shall be submitted to the Secretary in written form, with copies furnished to the opposing party. The Employer Representative and the Union Representative will first meet to discuss the dispute and attempt to resolve it prior to the filing the dispute with the Board for resolution. 4. The Joint Trade Board shall meet as needed, but special meetings may be called by the Chairman or Secretary when a prompt hearing and decision is required in any given dispute. 5. No Union representative shall sit as a Board member in any case involving himself or herself or his or her Employer, directly or indirectly; and no Employer representative shall sit as a Board member in any case involving himself or herself or any of his or her employees, directly or indirectly. 6. Decisions, awards, or orders of the Board shall be final and binding. 7. The Board shall maintain full and complete records and minutes of its proceedings, which records and minutes may be inspected at reasonable times by the parties to this Agreement. 8. The Joint Trade Board, as such, shall not accept or receive any payments or contributions from employers. Each party to this Agreement shall reimburse its representatives on the Board for actual expenses. Expenses and fees of arbitration shall be shared equally by the parties. 9. If the Joint Trade Board deadlocks or otherwise falls to decide any grievance or dispute, either party may, within 30 days following said deadlock or failure, refer the grievance or dispute to arbitration by filing a written request with the secretary of the Board, with copy served on the opposing party. On receipt of such notice, the Joint Trade

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Board shall choose an arbitrator. If the Board cannot agree on an arbitrator, it shall promptly request a list of arbitrators from the Federal Mediation and Conciliation. 10. With respect to any individual employer that fails to comply with a final and binding decision issued at any level of this grievance procedure, the Union may terminate this Agreement by 48 hours written notice to such Employer. 11. There shall be no strike or lockout on any job over any grievance or dispute while it is being processed through this grievance procedure and until the said procedure has been exhausted. However, and notwithstanding any contrary provision of this Agreement, the Union may remove employees from any job(s) of an individual Employer who fails or refuses to pay the wages and fringe benefits, or to meet the schedule of hours, provided for and required by this Agreement, or refuses to stand trial under these procedures, or fails to comply with a final and binding decision issued at any level of this grievance procedure. When the Union removes employees from the job pursuant to this Section, the individual Employer involved shall pay all employees so removed an amount equivalent to one (1) day’s pay at the employee’s regular straight time rats, for the in-convenience and time-loss occasioned by his conduct. Nothing stated in this Section shall preclude the Employer from resorting to the grievance procedure with respect to any action or sanction taken or imposed by the Union hereunder. 12. Notwithstanding Section 11, a final and binding decision, rendered as part of the grievance procedure, regarding the subcontracting clause of this Agreement shall be enforced solely through administrative or judicial proceedings. 13. The remedies and sanctions specified in Section 10 and 11 are in addition to other remedies and sanctions that may be permitted by other provisions of this Agreement or by operation of law.

ARTICLE XIV MANAGEMENT RIGHTS

SECTION 1. Except as expressly otherwise provided in this Agreement, the Employer shall have full right to direct the process of the work and exercise all function and control including, but not limited to, the section of the kind of materials, supplies or equipment used in the prosecution of the work, the determination of the competency and qualifications of his/her Employees and the right to discharge any Employee for any just, sufficient cause. SECTION 2. The Employer shall have the right to institute, maintain, and require observance of a fair and consistent Drug & Alcohol Policy. The goals of the parties is to provide a safe and rational work place where the employees can attain productive standards which are consistent with that expected for the negotiated wage and which are consistent with maintaining the viability of the unionized Painting & Allied Trades contracting industry. The contractor has the right to require an employee who has incurred an injury requiring medical attention to undergo drug testing within a reasonable period of time after the injury provided that the employee is physically capable of undergoing the testing. Any employee who refuses to undergo drug testing shall be subject to immediate termination.

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Any contractor who is required by contract to provide pre-hire drug testing for its employees shall utilize the services of a service provider selected by District Council #4. Examples are Union Occupational Health Clinic, Health Works or any other accredited service. All costs shall be the responsibility of the employer.

ARTICLE XV HEALTH & SAFETY

A. The Employer shall provide for the safety and health of his Employees by complying with all Federal, State and Municipal Laws and Ordinances. B. The Employer, where men are working shall furnish pure drinking water in sufficient quantity. C. The parties to this agreement shall, as soon as practical, form a committee to study and implement the STAR program. Upon approval by the parties for implementation of the STAR program, this agreement shall be deemed modified to include such provisions without the necessity of formal amendment. (Safety Training Awards Recognition). D. The Union recognizes and encourages its members to recognize their responsibility to work safely and adhere to all applicable safety laws.

ARTICLE XVI JOURNEYPERSON UPGRADE TRAINING CLAUSE

In accordance with Section 253 of the International Constitution, it is the intent of both parties to ensure a highly trained workforce. Therefore, these programs shall be offered by the District Council’s Finishing Trades Institute for advanced or upgrading journeyperson training as well as safety classes for all journeypersons working under this agreement.

ARTICLE XVII

SUBCONTRACTING SECTION 1. The Employer shall not contract out or subcontract any jobsite work covered by this Agreement to any subcontractor or other person unless that subcontractor or other person is party to a collective bargaining agreement with this Union or another Union Affiliated with the I.U.P.A.T.. SECTION 2. In the event the Employer subcontract any job-site work covered by this Agreement, the Employer shall be a guarantor of performance by the subcontractor of all terms and conditions of said subcontractor’s agreement with the Union or, in the absence of such agreement, of all terms and conditions of this Agreement. In that event, the Employer shall be liable to the Union for any act or omission of the subcontractor which in any way departs from or is inconsistent with the terms and conditions of said subcontractor’s agreement with the Union, or, in the absence of such an Agreement, with terms of this Agreement.

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ARTICLE XVIII STRUCK WORK AND PICKET LINE

SECTION 1. Employees covered by this Agreement shall have the right to respect any legal picket line validly established by any bona fide labor organization, and the Union party to this Agreement has the right to withdraw Employees covered by this Agreement whenever the Employer party to the Agreement is involved in a legitimate labor dispute with any bona fide labor organization. SECTION 2. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action, in the event an Employee refuses to enter upon any property involved in labor dispute, or refuses to go through or work behind any picket line, including the picket line of the Union party to this Agreement, and including picket lines at the Employer’s own place of business or jobs. SECTION 3. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action, if any Employee refuses to perform any service which his Employer undertakes to perform for an Employer or per whose Employees are on strike, and which service, but for such strike, would be performed by the Employees of the Employer or person on strike.

ARTICLE XIX JUST CAUSE AND TOP WORKPLACE PERFORMANCE PLAN

SECTION 1. The Employer may lay off for lack of work and discharge any employee for just cause. Should any member referred for employment be terminated for cause, his or her referral privileges shall be suspended for two weeks. Should the same individual be terminated for cause a second time within a twenty-four (24) month period, his or her hiring hall referral privileges shall be suspended for two months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his or her referral privileges shall be suspended indefinitely. A termination shall not be considered as “for cause” for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his or her termination, unless and until the grievance is resolved in a manner that affirms the termination cause. For the purpose of this provision, a decision of the Joint Trade Board and/or an arbitrator shall be final and binding. The provisions in subsections of the IUPAT Constitution, Section 252 (a) and (b) notwithstanding, a Termination Review Committee, composed of the members of the Joint Trade Board may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.

ARTICLE XX SUPREMACY

SECTION 1. The Employer agrees not to enter into any Agreement or contract with his employees who are performing work covered by this Agreement, individually or collectively, which in any way conflicts, with the terms and provisions of this Agreement. Any such Agreement shall be null and void.

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ARTICLE XXI PRESERVATION OF WORK

SECTION 1. To protect and preserve, for the Employees covered by this Agreement, and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs onsite construction work of the type covered by this Agreement under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the employer through its officers, directors, partners, owners, or stockholders, exercise directly) through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay (1) to affected Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those Employees have lost because of the violations, and (2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent that resulted by the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, The National Labor Relations Board) channels. SECTION 3. If, after the Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violations, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Unions and/or The Joint Trust Funds, plus cost of litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Article, that may be available to the Union and/or The Joint Trust Funds.

ARTICLE XXII NON-EXCLUSIVE REFERRAL PROCEDURE

SECTION 1. It is the intent of the parties to establish a non-exclusive referral procedure for the hiring of Union members. The procedure shall operate as follows: a.The Employer shall have the right to hire job applicants from any source, without regard to the applicant’s membership (or lack thereof) in the Union. b.The Employer shall have the right to secure suitable, qualified job applicants from the Union. Referrals by the Union shall only include members in good standing whose referral privileges are not then under suspension. The Employer may reject any referral made hereunder.

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c.The Employer may request any Union member by name and such request shall be granted provided the requested employees are available and willing to accept the employment. d.If the Employer refuses the applicant(s) referred by the Union, the Employer shall notify the Union of the name of the applicants(s) hired.

ARTICLE XXIII STEWARDS

A. On all painting or taping jobs which require three (3) or more Painters and/or Tapers, one of the three shall be the Union Steward, who shall be sent out by the Business Manager of I.U.P.A.T. District Council No. 4. Where the Union can not supply a qualified journey level worker, the Union shall then appoint a steward from the workforce of that job. B. The Business Manager shall discuss with the Contractor the person who he intends to send out and will give consideration to reasonable objections. C. Under no circumstances will the District Council send out a person who the Contractor had discharged for just cause. D. The Employer may remove the Steward for just cause, subject to the arbitration procedure set forth in this Agreement. E. It is specifically understood that the Steward shall have no authority to threaten or encourage work stoppages or work slowdowns. To threaten, encourage or cause such action shall be grounds for discharge. F. The Steward shall be the second-last person to be laid-of f on all jobs. On any job where the Steward has been laid-off under this Section, if the same job is resumed, he/she shall be the first person recalled to work after the Foreman. The steward must be qualified. G. Notwithstanding any other provisions of this Agreement, there shall be a Steward on all spray jobs irrespective of the number of persons working. H. It shall be the Steward's duty to examine the working cards of all persons working in the shop or on any job and he/she shall, where persons are working on new construction, see to it that pure drinking water in sufficient quantity is supplied. He/she shall report to the Business Manager of the Union any violation of the Working Agreement or Working Rules, in writing and by telephone I. No Contractor may perform any of the services of Employees covered under this Agreement, exceeding normal working hours unless there is a Steward on the job. J. With the full understanding that all employers shall enjoy and benefit from the utilization of full portability of its employees, a phone call or letter to the Business Representative of the geographic region shall be made prior to starting the job. The Union shall provide a list of all representatives of each region.

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ARTICLE XXIV PAST PRACTICE CLAUSE

The Employer agrees that all conditions of employment in the Employer’s operation relating to wages, hours of work, overtime differentials and general working conditions shall be maintained at no less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provision for improvement are made elsewhere in this Agreement.

ARTICLE XXV NO DISCRIMINATION CLAUSE

Any Employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his or her acts as such officer of the Union nor shall there be any discrimination against any Employee because of Union membership or activities. Nor shall any Employee be discriminated against due to sex, race, color, creed, national origin, age, disability or sexual preference. No Employee fulfilling requirements of District Council #4 bylaws may be discriminated against for so doing. All Employee members will be qualified to perform all aspects of the trade.

ARTICLE XXVI ACCRETION CLAUSE

This Agreement shall apply to all present and subsequently acquired operations of the Employer and to all accretions to the bargaining unit, including but not limited to, newly established or acquired operations.

ARTICLE XXVII SUCCESSOR CLAUSE

This Agreement and any supplements or amendments thereto, hereinafter referred to collectively as “agreement”, shall be binding upon the parties hereto, their successors, administrators, executors and assigns. It is the intent of this Agreement that in the event the Employer’s business is, in whole or in part, sold, leased, transferred, or taken over by sale, transfer, lease, assignment, receivership, or bankruptcy proceedings, such business and operation shall continue to be subject to the terms and conditions of this Agreement for the life thereof. It is understood by this provision that the parties hereto shall not use any leasing or other transfer device to a third party to evade this Agreement. The Employer shall give notice of existence of this Agreement and this provision to any purchaser, transferee, lessee, assignee, etc., of the business and operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union, at the time the seller, transferor, or lessor executes a contract or transaction, not including financial details.

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ARTICLE XXVIII GENERAL SAVINGS CLAUSE

If any Article or Section of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any Article or Section is held invalid or enforcement of or compliance with any Article or Section has been restrained, as above set forth, the affected parties shall meet at the request of the Union, for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint. If the parties do not agree on a mutually satisfactory replacement within sixty(60) days after the beginning of the period of invalidity or restraint, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provision in this Agreement to the contrary.

ARTICLE XXIX DURATION CLAUSE

1. This Agreement shall be in full force and effect from May 1st, 2017 to and including April 30th, 2020 and shall continue from year to year thereafter unless written notice of desire to cancel or terminate the Agreement is served by wither party upon the other not less than sixty (60) and not more than ninety (90) days prior to April 30th, 2017 or April 30th of any subsequent year. 2. Where no such cancellation or termination notice is served and the parties desire to continue said Agreement, but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a written notice not less than sixty (60) and not more than ninety (90) days prior to April 30th, 2020, or April 30th of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement. The respective parties shall be permitted all legal or economic recourse to support their requests for revisions if the parties fail to agree thereon. Nothing herein shall preclude the parties from making revisions or changes in this Agreement, by mutual consent, at any time during its term.

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The undersigned Employer and I.U.P.A.T. District Council #4 agree to be bound by this Master Collective Bargaining Agreement Dated May 1st, 2017 through and including April 30th, 2020.

_____________________________________ Name of Employer/Contractor

___________________________________ ____________________________ Employer Signature Title ___________________________________ ____________________________ Print Name Date ______________________________________________________________________ Address City State Zip ( ______ )____________________ (______)______________________ Phone Fax ___________________________________ Federal Tax I.D. Number ___________________________________ _____________________________ Worker’s Compensation Ins. Co Worker’s Comp. Ins. Policy No. __________________________________ Expiration date of Worker’s Comp. Policy Painters District Council #4 __________________________________ Signature __________________________________ Title _____________________ Date

PLUMBERS & STEAMFITTERS

THIS AGREEMENT

BETWEEN

THE

Plumbing, Heating & Piping Contractors of Northern New York, Inc.

And Mechanical Contractors of

Oswego and Cayuga Counties

Engaged in the Supervising, Fabrication, Installation and

Maintenance of Heating, Air Conditioning, Plumbing & Pipefitting

AND

Local Union #73 of the United Association of Journeymen

And Apprentices of the Plumbing and Pipefitting Industry of the

United States and Canada,

Of Oswego, New York

May 1, 2018 – April 30, 2021

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THIS AGREEMENT Entered into this 1st day of May 2015 between the Plumbing, Heating, & Piping Contractors of Northern New York, Inc. and Mechanical Contractors of Oswego and Cayuga Counties engaged in the Supervising, Fabrication, Installation and Maintenance of Heating, Air Conditioning, Plumbing and Pipefitting, herein referred to as “Employer” and, Local Union #73 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, of Oswego, New York, hereinafter referred to as the “Union”. WITNESSETH: WHEREAS, The Party of the first part is engaged in the Plumbing and/or Heating, Air Conditioning and Pipefitting work throughout the United States and Canada if the performance of such work requires the services of competent and qualified Journeymen of the United Association, and, WHEREAS, The Union is affiliated with the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada of the AFL-CIO and has in the Collective Bargaining Unit it represents throughout the United States and Canada, Journeymen competent and qualified to perform all work coming within its jurisdiction or work and WHEREAS, The parties hereto desire to establish uniform hours of labor and uniform working conditions for Employees in the Collective Bargaining Unit represented by the Union, as a guide or form under which they are to be employed by the Employer, and further, to encourage close cooperation between Employer and Employees of the Plumbing and Heating, Air Conditioning and Pipefitting Industry to the end that a satisfactory continuous and harmonious labor relationship will exist between both parties of this Agreement. Now, therefore, it is agreed between the Parties hereto, as follows:

ARTICLE I: SCOPE

Section 1.1: The hour of labor and working conditions set forth herein-under will apply on all construction, repair or remodeling work contracted for by the Employer, within the United States and Canada, it being understood that local groups or both parties will negotiate any higher wage scale other than the minimum rates herein provided for covering the United Association Journeymen employed in construction work in this particular locality, the local wage agreements to be in effect for at least a year’s duration. Section 1.2: The Employer agrees and hereby recognizes the Union as the sole Collective Bargaining Representative of the Employer’s employees in the classes of work governed by this Agreement. It is agreed by the Parties hereto, as a condition of continued employment, all persons who are hereafter employed by the Employer in the Collective Bargaining Unit which is the subject of this Agreement, shall become members of the Union on the eighth day of their employment, or execution of this Agreement, whichever is later. The continued employment of the Employed, in said unit, of persons who are or become members of the said unit, shall be conditioned upon these persons continuing their payment of periodic dues to the Union. The failure of any person to become a member of the Union as required by law or to pay periodic dues, shall obligate the Employer, upon notice from the Union to such effect, to forthwith discharge such person. Section 1.3: Working Agreement between the Plumbing, Heating and Piping Contractors of Northern New York, Inc. and Mechanical Contractors of Oswego and Cayuga Counties, in signature, (Hereinafter called the

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Association/Employer”) and Local 73 of the United Association of Journeymen and Apprentices of the

Plumbing and Pipefitting Industry of the United States and Canada, (Hereinafter called the “Union”). (A) The

union recognizes the Plumbing, Heating and Piping Contractors of Northern New York, Inc. Mechanical Contractors of Oswego and Cayuga Counties as the exclusive bargaining representative of all Members of the Association. Section 1.4: The Association represents that it is duly authorized by its members hiring Plumbers to enter into this Collective Bargaining Agreement, that in so doing it is authorized to bind such members to the terms and conditions of this Agreement, and represents further, that it will require, as a condition of membership in said Association, that such members shall continue to be bound by such terms or, shall upon admission to the said Association, after the date of execution of this Agreement, agree to be bound from that date forward by all terms and conditions of this Agreement. Section 1.5: There shall be one bargaining unit for all employers bound by this Agreement for the geographic and trade jurisdiction covered herein. Section 1.6: No modification, variation, or waiver of any terms of provision herein shall be valid unless agreed upon in writing by both the Association and the Union. Section 1.7: It shall also apply to other individual Employers who employ workmen under the terms of this Agreement and by virtue of their signing THE NON ASSOCIATION EMPLOYER Letter of Assent. Section 1.8: Geographical Juridisdiction – The Counties of Oswego, Cayuga and the Townships of Savannah, Butler and Wolcott in Wayne County, Jefferson, St. Lawrence, the Village of Hogansburg, and the St. Regis Indian Reservation in Franklin County, the Islands in Lake Ontario and the St. Lawrence River, from a line drawn Northwest from the extreme Southwest corner of Jefferson County, to and including the Galloo Islands, then North to the Canadian Border, then along the Canadian Border to the East line of the St. Regis Indian Reservation, the Jefferson County, to and including Galloo Islands, then North to the Canadian Border, then along the Canadian Border to the East line of the St. Regis Indian Reservation, the Townships of Diana, Crogan, Demark, Pickney, Harrisburg, Lowville, New Bremen, Watson, Montague, Martinsburg, Osceola, Greig, Highmarket and Turin in the County of Lewis, state of New York with the exception of the Townships of Lyonsdale, West Turin, Leyden and Lewis in Lewis County. Section 1.9: For the purpose of eliminating jurisdictional disputes, the parties hereto agree that the Union’s

jurisdiction of work is as follows: 1. All piping for plumbing water waste, floor drains, drain gates supply leader, soil pipe, grease traps,

sewage and vent pipes. 2. All piping for water filter, water softeners, water meters and the setting of same. 3. All hot, cold and circulating waterlines, piping for house tasks, pressure tasks, pressure tanks, swimming

pools, ornamental pools, display fountains, drinking fountains, aquariums, plumbing fixtures and appliances, and the handling and setting of the above mentioned equipment.

4. All water services from mains to buildings, including water meters and water meter foundations. 5. All water mains from whatever source, including branches and fir hydraulics, etc. 6. All down spouts and drainage areas, soil pipe, catch basins, storm water sewers, septic tanks, cess-pools,

water storage tanks etc. 7. All liquid soap piping, liquid soap tanks, soap valves, and equipment in bath and washrooms, shower

stalls, etc. 8. All bathroom, toilet room and shower room and shower accessories, i.e. towel racks, paper holders,

glass shelves, hooks, mirrors, cabinets, etc. 9. All lawn sprinkler work, including piping fitting and lawn sprinkler heads.

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10. All sheet lead lining for x-ray rooms, foundations, swimming pools or shower stalls, tank, vats for all purposes and for roof flanges in connection with the pipefitting industry.

11. All fire stand pipes, fire pumps, pressure and storage tank valves, hose racks, fire hose, cabinets and accessories, and all piping for sprinkler work in every description.

12. All block tin soils, in carbonic gas piping for soda fountains and bars, etc. 13. All piping for railing work, and racks of every description, whether screwed or welded. 14. All piping for pneumatic vacuum cleaning systems of every description. 15. All piping for hydraulic, vacuum pneumatic, air, water, steam, oil or gas used in connection with railway

cars, railway motor cars, and railway locomotives. 16. All marine piping and all piping used in connection with ship bui8lding and ship yards. 17. All power plant piping of every description. 18. The handling, assembling, and erecting of all economizers, super heaters, regardless of the mode or

methods of making joints, hangers and erection of same. 19. All internal and external piping on boilers, heaters, tanks, and evaporators, water legs, water backs, and

water grates, boiler compound equipment, etc. 20. All soot blowers and soot collection piping systems. 21. The setting, erecting and piping of all smoke consuming, washing and regulating devices. 22. The setting, erecting and piping instruments, measuring devices, thermostatic controls, gauge boards and

other controls, used in connection with power, heating, refining and industrial work. 23. The setting, erecting of all boiler feeder water heaters, filters, water softeners, purifiers, condensate

equipment, pumps, condensers, coolers, and all piping for same in power houses, distributing and boosting stations, refrigeration, bottling, distilling and brewing plants, heating, ventilating and air conditioning systems.

24. All piping for artificial gases, natural gases, holders and equipment for same, chemicals, mineral and by-products and refining of same for any and all purposes.

25. The setting and erecting of all underfed stokers, fuel burners and piping, including gas, oil, power fuel, hot and cold air piping, and all accessories and parts of burners and stokers, etc.

26. All ash collecting and conveyor piping systems, including all air washing and dust collecting piping equipment, accessories and appurtenances and regulating devices, etc.

27. The setting and erecting of all oil burners, oil heaters, oil coolers, storage and distributing tanks, transfer pumps and mixing devices, and points thereto of every description.

28. The setting, erecting and piping of all cooling units, pumps, reclaiming systems and appurtenant in connection with transformers and piping to switches of every description.

29. All fire extinguisher systems and piping whether by the water stem, gas or chemical, fire alarm piping and control tubing, etc.

30. All piping for sterilizing chemical treatment deodorizing, and all cleaning systems of every description, and laundries for all purposes.

31. All piping for oil or gasoline tanks, gravity and pressure lubrication and greasing systems, air hydraulic lifts, etc.

32. All piping for power or heating purposes, either by water, steam, gas, oil, chemicals or any other method.

33. All piping, setting and handling of all units and fixtures for air conditioning, cooling, heating, roof cooling refrigeration, ice making, humidifying, dehumidifying, dehydrating by any method, and the charging, testing, servicing of all work after completion.

34. All pneumatic tube work and all piping for carrying systems by vacuum, compressed air, steam, water or any other method.

35. All piping to stoves, fire grates, blast and heating furnaces, oven driers, heaters, oil burners, stokers and boilers and cooling utensils, etc., of every description.

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36. All piping in connection with central distributing filtration treatment stations boosting stations, waste and sewage disposal plants. Central chlorination and chemical treatment work and all underground supply lines to cooling wells, suction basins, filter basins, settling basins, and aeration basins.

37. All process piping for refining, manufacturing, industrial and shipping purposes of every character and description.

38. All air piping of every description. 39. All temporary piping of every description 40. The laying out and cutting of holes, chases and channels, the setting and erection of bolts, inserts, stands,

brackets, supports, sleeves, thimbles, hangers kick plates, conduits, and boxes used in connection with the piping industry.

41. The handling and setting of boilers, setting fronts, setting of soot blowers and attaching all boiler trim. 42. All pipe transportation lines for gas, oil, gasoline, fluids and liquids, water aqueducts, and water lines

and booster stations of every description. 43. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, rolled joints, or any

other method of making joints in connection with the pipefitting industry. 44. Laying out, cutting, bending and fabricating all pipe work of every description, by whatever mode or

method. 45. All methods of stress relieving of all pipe joints made by every mode or method. 46. The assembling and erecting of tanks used for mechanical manufacturing or industrial purposes, to be

assembled with bolts, packed or welded joints. 47. The handling and using of all tools and equipment that may be necessary for erection and installation of

all work and materials used in the pipefitting industry. 48. The operation, maintenance, repairing, servicing and dismantling of all work installed by Plumbers,

Pipefitters and Apprentices. 49. All piping for cataracts, cascades, i.e. (Artificial water- falls), make-up water fountains, captured waters,

water towers, cooling towers, and spray ponds, used for industrial, manufacturing, commercial or any other purposes.

50. All piping herein specified means pipe made of metal, tile, glass, rubber, plastic, wood or any kind of materials, or products manufactured into pipe, usable in the pipefitting industry regardless of size.

Section 1.10: If Jurisdictional dispute goes to International/NLRB/etc. for settlement and assignment goes to another Trade, Local 73 agrees not to sue the signatory contractor doing work for breach of contract/damages.

ARTICLE II: HOURS OF LABOR Section 2.1: The maximum of eight hours shall constitute a day’s work. Employers may start work at 7:00

A.M. and continue to 3:30 P.M.; or at 8:00 A.M. and continue to 4:30 P.M., with ½ hour unpaid lunch from 12:00 – 12:30 P.M. All hours worked Monday through Friday after eight hours and all hours on Saturday, shall be paid at one and one half (11/2) times the straight time rate of pay. All work performed on Sundays shall be paid double the straight time rate of pay. Starting time may be changed by mutual consent of the Union and Employer. To the extent permitted by law, the work week upon mutual consent between the Union and the Employer, may be four days in duration (Monday – Thursday) with each day consisting of ten (10) hours of work (7:00 A.M. – 12:00 Noon – 12:30 P.M. – 5:30 P.M.). Any work over 10 (ten) hours per day or over 40 hours per week shall be paid at the appropriate overtime rate. If a recognized holiday falls Monday – Thursday, the Employer has the option to work the holiday – if the Employer works, the employees will receive double time. Friday will be the makeup day at the straight time rate, only if weather conditions prevent work. If a second shift is worked under the four tens work week, wages after the first shift will be fifteen percent (15%) above the current scale. Starting time may be changed by mutual consent.

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NOTE: A waiver will be requested by the New York State Department of Labor to accommodate the four day – ten hours work week when a joint application by the Union and Employer Association is made to the Commissioner of Labor. Section 2.1A If at the requirement of the customer or project a starting time other than normal is required it must be mutually agreed upon by the union and the contractor. Pay will be at the normal straight time rate of pay and must run a minimum of five (5) consecutive days. Section 2.2: The following designated National Holidays: New Year’s Day, Decoration Day, Fourth of July,

Thanksgiving Day, Christmas Day, and Labor Day shall be paid at the rate of double time if worked. If any holiday mentioned above falls on a Saturday, the holiday will be observed on the Friday before or if the holiday falls on a Sunday, the holiday will be observed on the following Monday and will be paid at the rate of double time if worked. Section 2.3: All shift work wages after first shift will be fifteen percent (15%) above current scale for all hours worked. Shift hours shall be 7:00 A.M. – 3:30 P.M. or 8:00 A.M. – 4:30 P.M.; 3:30 P.M. – 12:00 A.M.; 4:30 P.M. – 1:00 A.M.; 12:00 A.M. – 7:00 A.M. or 1:00 A.M. – 8:00 A.M. with the last shift to receive eight (8) hours pay. Starting time may be changed by mutual consent. Section 2.4: Shifts: Shift work may be performed at the option of the Employer, but when performed it must continue for a period of not less than three (3) consecutive work days. Saturday and Sunday, if worked, can be used for establishing the three (3) day minimum shift work period. The straight time work week shall be considered to start with the day shift on Monday and end with the conclusion of the second or third day. In the event the second or third shift of any regular work day shall extend into a holiday, employees shall be paid at the regular shift rate. Section 2.4a: When a signatory to this agreement notifies the union that an employer with a National Agreement is bidding a project he intends to bid upon the union shall waive the 15% shift work differential on that project. Section 2.5: When overtime involves the men working more than two hours past the normal quitting time, i.e. 3:30 or 4:30, they shall receive one half hour paid meal period at the rate of wages prevailing for that time. Section 2.6: Workmen shall be permitted a fifteen (15) minute break in the forenoon at the work station. Section 2.7: In accordance with Section 226, NYS Election Law it is agreed as follows:

a) If a registered voter does not have sufficient time outside of his working hours, within which to vote at any election, he may, without loss of pay for up to two (2) hours, take off so much working time as will, when added to his voting time outside his working hours enable him to vote.

b) If an employee has (4) consecutive hours either between the opening of the polls and the beginning of his working shift, or between the end of his working shift and the closing of the polls, he shall be deemed to have sufficient time outside his working hours within which to vote. If he has less than four (4) consecutive hours he may take off so much time as will when added to his voting time outside his working hours enable him to vote, but not more than two (2) hours of which shall be without loss of pay, provided that he shall be allowed time off for voting only at the beginning or end of his working shift, as the Employer may designate, unless mutually agreed.

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c) If the employee requires working time off to vote he shall notify his Employer not more than ten (10), nor less than two (2) working days before the day of the election that he requires time off to vote in accordance with the provision of this Section.

d) The time allowed herein for employee to vote is provided to only registered voters who qualify under this Section. The Employer may require a verified affidavit by the employee that he is a registered voter and that he did personally appear at the polling place for the purpose of voting.

ARTICLE III: WAGE RATES

(A) Oswego, Cayuga counties and Townships of Butler and Savannah and Wolcott in Wayne County only.

(A1) On all commercial, heating, plumbing, air conditioning, refrigeration and pipefitting work as covered by the jurisdiction of work of the UA, and the scope as listed in the Local 73 Agreement, the scale shall be as follows:

May 1, 2018 – April 30, 2019 May 1, 2019 – April 30, 2020 May 1, 2020 – April 30, 2021

Base Rate $32.65

$1.20 To Be Distributed Before

May 1, 2019

$56.61

$1.30 To Be Distributed Before

May 1, 2020

$57.91

Pension $14.21

Welfare $6.00

Annuity $1.60

U.A. Training $0.10

JAT Fund $0.85

Total Package $55.41

(A1b) Initiated May 1, 2012 – April 30, 2015: On all commercial HVAC and Refrigeration service work and on all Heating, Plumbing, Air Conditioning, Refrigeration, and all servicing of same work where the total Plumbing Contract does not exceed $500,000 the Heating Contract does not exceed $500,000.00, the Refrigeration Contract does not exceed $500,000.00 and the total Plumbing, Heating, and Refrigeration does not exceed $1,500,000.00 excluding all commercial and HVAC work covered under Project Labor Agreements, and all construction agreements, prevailing rate jobs, any and all hospitals or health care facilities and any private learning facilities exceeding $500,000.00. The wage rate and fringe benefits shall be as follows:

May 1, 2018 – April 30, 2021

87% of A1 Base Rate And 100% of Pension, Welfare, Annuity, U.A. Training Contributions and Building Fund

(B) NORTHERN NY AREA: Jefferson, St. Lawrence, the village of Hogansburg and the St. Regis Indian

Reservation in Franklin Co., the islands in Lake Ontario and the St. Lawrence River, from a line drawn northwest from the extreme southwest corner of Jefferson Co., to and including Gallo Islands, then north

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to the Canadian Border, then along the border to the east line of St. Regis Indian Reservation, the Townships of Diana, Croghan, Denmark, Pickney, Harrisburg, Lowville, New Bremen, Watson, Montague, Martinsburg, Osceola, Greig, Highmarket & Turin in Lewis Co. with the exception of the Townships of Lyonsdale, West Turin, Leyden and Lewis in Lewis Co.. *Note: (AB1a) to include geographical boundaries as described per Article III (A) and (B) (AB1a) New Residential Construction, and service and repair to same of up to and including apartments with three (3) floors of living accommodation, new houses, town houses, condominiums, two family row housing and garden type projects or a combination there of together with related service buildings and facilities which construction work may be performed wholly on site or may consist of the assembly of offsite produced modules or components, but any of which living units are in the finished form or more than three (3) stories high and are used as dwelling. If the total dollar amount of residential bid should not exceed $150,000.00 for heating or the total plumbing contract should not exceed $150,000.00 or, the total heating and plumbing bid should not exceed $300,000.00, than this Article will go to the appropriate construction rate. This scale shall be as follows:

(AB1a) continued: May 1, 2018 – April 30, 2019

Base Rate (60% of A1 Base Rate) $19.59

Pension 14.21 Welfare 6.00 Annuity 1.60 U.A. Training 0.10 JAT Fund 0.85 Total Package: $42.25

(B1) On all commercial heating, plumbing, air conditioning refrigeration and pipefitting work as covered by the jurisdiction of work of the UA, and the scope as listed in Local 73 Agreement, the scale shall be as follows: May 01, 2018 – April 30, 2019 Base Rate $30.81 Pension 14.21 Welfare 6.00 Annuity 1.60 U.A. Training 0.10 JAT Fund 0.85 Total Package: $53.57 Ind. Adv. Fund $+0.05

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(B1a) Service Rate: On all commercial HVAC, plumbing and refrigeration service work classified under Mechanical Equip Service Tradesman (J) Journeyman, and the scope as listed in the Local 73 Agreement the scale shall be:

May 1, 2018 – April 30, 2019

Base Rate $25.52 Pension 14.21 Welfare 6.00 Annuity 1.60 U.A. Training 0.10

JAT Fund 0.85 Total Package: $48.28

(B1a) Mechanical Equip. Service Tradesman (H) Helper Rates will be:

Wages Pension & Annuity Welfare

1st Year 60% of Base Rate 50% 100%

2nd Year 70% of Base Rate 60% 100%

3rd Year 85% of Base Rate 70% 100%

4th Year 90% of Base Rate 80% 100%

5th Year 100% of Base Rate 90% 100%

In order to settle any dispute regarding the category of any job and/or project, the Contractors shall furnish to the Union upon request, the cost of his labor and materials used, regardless of this source.

The hours of labor shall be eight (8) hours from 8:00 A.M. to 4:30 P.M.. Monday through Friday shall constitute a work week. Starting time may be changed upon mutual consent.

All service work, repairs and maintenance work after eight (8) hours labor in the regular work day or from 4:30 P.M. to 8:00 A.M. is to be one and one half (1 ½ ) times the basic rate. Sundays and the following holidays, i.e. New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day will be Double (2 times) the basic rate. Contractor shall have the right to perform emergency work and service and repair work during a strike. No new hires or new work during a strike. All emergency work will be reported to the Union at all times during a strike.

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Section 3.1: THERE IS A 0.05 INDUSTRY ADVANCEMENT FUND TO BE PAID ON ALL WORK PERFORMED IN THE NORHTERN NY GEOGRAPHICAL AREA (see B1). Section 3.2: Contributions will be made at the rate of $0.10 per hour worked by each employee covered by this agreement, shall be made payable to U.A. Local 73 Benefit Fund to be designated to the U.A. Training Fund. Section 3.3: There will be a 4% dues check-off deducted from the total wage package (including Fringes) of ALL of the above mentioned rates. Such deductions shall be made on each scheduled payday and shall be remitted to Local 73 Benefit Fund, P.O. Box 911, Oswego, NY 13126, on or before the tenth day of the month following the same scheduled pay day. The Employers hereby agree to recognize authorization cards signed by Employees for the purpose of this deduction. Section 3.4: FOREMAN: The selection of craft foreman, general foreman and area foreman shall be entirely the responsibility of the Employer. The Employer will give primary consideration to the qualified persons available in the local area. After giving such consideration the Employer may select such persons from other areas. The Employer may request general foremen, area foremen or foreman by submitting their request in writing to the Union Hall. When a general foreman, area foreman or foreman is requested in this manner, he/she shall be paid the appropriate rate for a minimum of two (2) weeks or for said duration on the job. Foreman, general foreman and area foreman shall take orders from individuals designated by the Employer. A non-association contractor will be allowed to bring only one (1) man into the territory for supervision unless otherwise agreed to by the Business Agent. When five (5) workmen are employed on any job, one (1) shall be designated as foreman by the Contractors. No foreman shall be required to supervise more than ten (10) workmen. When more than ten (10) workmen are employed on a job, a second foreman shall be designated. When two (2) or more foremen are employed on a job, a general foreman shall be designated. At no time shall one man hold foreman and general foreman at the same time, except when the total number of workmen is less than fifteen (15). The foreman shall work with the tools when required to do so by the Contractors. One (1) area foreman after seven (7) foremen on the job. One (1) area foreman for each six (6) foreman thereafter. Whenever any job or project requires the use of foreman, said foreman shall receive the foreman’s rate of pay

from the date of designation until relieved by the Contractor.

FOREMAN RATES (A) OSWEGO & (B) NORTHERN NY AREA

FOREMAN BASE RATE PLUS 8.5% AREA FOREMAN BASE RATE PLUS 10.5% GENERAL FOREMAN BASE RATE PLUS 12.5%

All Foremen shall be guaranteed a minimum of five (5) eight (8) hour days in each work week. In the event a holiday falls on Monday, the foreman must report for work the following day. In the even the holiday falls on a

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Friday, the Foreman must report to work the preceding day. In the event the holiday falls on other days of the week, the foreman must report to work the day before and the day after. The Contractor will be allowed to transfer the Foreman from one job to another, at Foreman’s wages. Hours that Foremen request for personal business will not be included in the guaranteed forty (40 hours). Section 3.5: Journeymen and apprentices shall furnish torpedo level, rule, and pliers. All other tools, rain gear, helmet-liners, over-the shoe boots, welding gloves, and protective clothing for welders, to be furnished by the Employer. Rain gear and over-the shoe boots will be provided by the Employer as required by New York State Industrial Code Rule 23, for wet and muddy conditions. Section 3.6: The Union will have the right to appoint a steward on any job or in any shop where workmen are employed under the terms of this Agreement. Stewards hall be allowed reasonable amount of time during regular working hours to insure that the terms of this Agreement are being observed. Under no circumstances shall the Contractors discriminate against the Steward because of the faithful performance of his duties. Not Steward shall be discharged or transferred until the Business Manager or Business Agent has been notified of such pending action. The Steward shall be the last working member to be discharged provided he is qualified to do the work being performed except for the last three (3) foremen on the job. The Steward shall work all overtime hours if qualified. Section 3.7: The Employer shall provide adequate toilet, hand washing facilities, and drinking water for the use of it’s own employees, provided not supplied by the General Contractor or owner. When fifteen (15) or more

employees for mechanical work are employed on one project, the employer agrees to furnish a warm, dry place to change and eat lunch. Section 3.8: The Business Manager or steward shall be notified at least two (2) days prior to any Journeyman being laid off. The Business Manager and Business Agents of the Union hall shall have access to any shop or job at any time. Section 3.9: On the day a journeyman is laid off, he shall be given two (2) hours notice prior to the lay off. The Journeyman shall not leave the site without permission of the Employer, until the two hours lay off time has expired. Section 3.10: The Employer agrees that in the event it becomes necessary to sub-contract any of the work within the jurisdiction of the Union as set forth in this Agreement then it is expressly agreed that all work subcontracted out must be to a person, firm or corporation signatory to this Agreement. Notice of such subcontracting shall be given to the Union at least ten (10) days prior. Section 3.11: The Welfare Fund and Annuity Fund contribution rates set forth above are base contribution rates. The actual contribution rates to these two Funds shall be determined in accordance with the numbered formulas set forth below. Regardless of any modification to the base contribution rates, the aggregate amount of the contribution rates to the two Funds shall remain as set forth above.

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For purposes of the formulas set forth below, participants with family coverage from the Welfare Fund are considered “family participants”, participants with individual coverage from the Welfare Fund are considered

“individual participants”, and “account balance” refers to the participant’s account balance in the Welfare Fund. The formulas will be applied by the Administrative Manager as of January 1st and July 1st to the extent a change in contribution rates is required, the change shall apply beginning with hours worked on or after the first of the month in which the change is determined to be required. Formula 1: For family participants with an account balance equal to less than nine months of family premiums and for individual participants with an account balance equal to less than nine months of individual premiums, the Annuity Fund contribution rate is decreased, and the Welfare Fund contribution rate is increased by an amount equal to 50% of the base Annuity Fund contribution rate. Formula 2: For family participants with an account balance equal to at least nine months but less than two years of family premiums and for individual participants with an account balance equal to at least nine months but less than two years of individual premiums, the base Welfare Fund contribution rate and the base Annuity Fund contribution rate shall apply. Formula 3: For family participants with an account balance equal to at least two years but less than four years of family premiums and for individual participants with an account balance equal to at least two years but less than four years of individual premiums, the Annuity Fund contribution is increased, and the Welfare Fund contribution rate is decreased, by an amount equal to 35% of the base Welfare Fund contribution rate. Formula 4: For family participants with an account balance equal to at least four years of family premiums and for individual participants with an account balance equal to at least four years of individual premiums, the Annuity Fund contribution is increased, and the Welfare Fund contribution rate is decreased, by an amount equal to 80% of the base Welfare Fund contribution rate.

ARTICLE IV: REFERRAL AND ASSIGNMENT OF MEN Section 1: The Employer agrees that it will use the Union for all referrals of Journeymen to perform work covered under the jurisdiction of this Agreement. If upon request the Local Union is unable within forty-eight (48) hours (Saturday, Sunday and Holidays excluded) to supply Journeymen, including Journeymen with special skills, the Employer may secure Journeymen from any other source. Section 2: Should a shortage of qualified employees arise, the Association Employer may request such employee from the Union a first preference over qualified Journeymen entering this jurisdiction.

ARTICLE V: WAGE RATE APPRENTICES Section 5.1: The parties to this agreement shall create a Joint Journeyman and Apprentice Training Committee composed of an equal number of members representing the Contractor and the Union. This committee shall

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prepare standards governing the selection qualifications, education and training of all apprentices and journeymen. These standards shall conform in all ways with the applicable laws, and be registered with the appropriate State and/or Federal Registration Agency. Section 5.2: Each Contractor shall be allowed one (1) apprentice for each journeyman employed if available. Section 5.3: The Contractors shall notify the Joint Apprentice Committee in writing within twenty-four (24) hours of the employment of any apprentice. They shall be required to attend the apprenticeship school set up by the Joint Apprenticeship Committee and may be required to pass an examination given by the Joint Apprenticeship Committee before being upgraded. Section 5.4: There will be a Joint Apprenticeship Committee of six (6) members, three (3) of whom shall be from the Contractors and three (3) from the Union. The Committee shall meet at such time as it shall decide. However, it shall meet within forty-eight (48) hours after notice if given by either party. It shall elect its own chairman and secretary. The Joint Apprenticeship Committee shall have full authority to administer the Apprenticeship Program. Section 5.5: Each Employer who employs apprentices and each apprentice shall be subject to the following rules adopted by the local J.A.C.:

1) No apprentices shall be allowed to work in a supervisory capacity. 2) No apprentices shall be allowed to work alone, except 5th year apprentices, on any job site (alone

meaning no working journeyman for the same Employer present). 3) The wage scale for apprentices listed in Article III shall be strictly adhered to. 4) Employers shall make every attempt to keep the ratio of apprentices to journeymen on any job to that

described in Section 5.2 of this Article. 5) Employers who fail to follow these rules shall have apprentices removed from their employment. 6) Apprentices who fail to follow these rules shall be subject to disciplinary action by the Joint

Apprenticeship Committee.

Section 5.6: APPRENTICE WAGE RATES

Apprentices will receive pay upgrades annually with a minimum of 1400 on the job training hours each

year and classroom requirement completed.

1

50%

2

55%

3

65%

4

75%

5

85%

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Section 5.7: Pension Fringe Payments for Apprentices shall be as follows: TIME PENSION RATE 1st Year (Minimum of 1,400 hours) 50%

2nd Year (Minimum of 1,400 hours) 75%

3rd Year (Minimum of 1,400 hours) 90%

4th/5th Year (Minimum of 1,400 hours) 100%

ARTICLE VI: REPORTING TIME

Any employee after being hired, and reporting for work at the regular staring time, and for whom no work is provided, shall receive pay for two (2) hours at the prevailing rate of wages, unless he has been notified before the end of his last proceeding shift not to report. Any employee who starts to work shall not receive less than four (4) hours pay and if more than four (4) hours are worked in one day, he shall receive pay for hours worked. On reporting to a job for the first day, the employee will be allowed one (1) hour without loss of wages, past the regular starting time.

ARTICLE VII: PAY DAY The pay day shall be once a week in cash or check. Employees shall leave early enough to be in the shop at 4:30 Friday night or shall be paid on the job. Employees are to be paid weekly in lawful currency, except that employees may be paid by check if such payment is approved by the New York State Department of Labor. Employees who receive checks from Employer accounts that have insufficient funds shall be reimbursed by the Employer for any bank charges the employee is charged with. If the Employer does not have an acceptable explanation for why his account had insufficient funds the Employers’ right to pay by check is canceled. Employees discharged or laid off shall be paid with lawful currency or approved checks at the time of discharge or layoff. If discharge/layoff is late at night or on a weekend preventing paying off, the Employer will pay by mailing checks on the next business day. If any of these provisions are violated by the Employer, the Employee(s) involved shall receive four (4) hours pay at the straight time hourly rate for each day beyond the normal pay or termination day.

ARTICLE VIII: INSURANCE

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All Employers agree to protect their Employees by carrying liability insurance under the State Workman Compensation Act, and shall contribute for New York State sickness and disability even though they are not required by law to so contribute.

ARTICLE IX: WORKING RULES (A) All pipe used up to six (6) inclusive inches in diameter shall be cut, threaded, fabricated and joined on the

job site. All pipe machines shall be operated by Employees. (B) The erection and installation of work contracted for by the Employer shall be performed by Employees

under the following conditions:

Section 9.1: All pipe work, pipe supports, related equipment and appurtenances of every description which is being installed by the Employer must be handled, assembled, erected, and installed by Employees in the Collective Bargaining Unit covered by the Agreement. Section 9.2: It is understood by the parties of this Agreement that the prefabrication of welded pipe formation two and one-half (2 ½) inches or over in diameter, all lay joint work and refacing flanges may be performed at the site of the job or in the plant of the Employer, by Employees in the Collective Bargaining Unit covered by this agreement. Section 9.3: It shall not be a violation of this Agreement for Employees in the Collective Bargaining Unit to refuse work on materials fabricated or otherwise which do not bear the Union Label. Section 9.4: Any mode or method of low pressure heat during the completion of the heating system while in the building is under, jurisdiction shall rest with the Steamfitters until the final test has been made and the work accepted by the owner or his agent. Section 9.5: All sleeves and hanger rods shall be cut on the job by Employees in the Collective Bargaining Unit covered by this agreement. Section 9.6: Temporary heat while a building is under construction shall be controlled according to the Jurisdictional Awards Decision tendered August 2, 1923: namely: Jurisdiction shall rest with the Steamfitters until the general test has been made and the work accepted by the owner or his agent. Temporary heat shall also be in accordance with the agreement reached by the Sub-Committee of the Joint Industry Program Committee held on November 6, 1958, in Washington, D.C. The heating systems referred to in the Pittsburgh Agreement shall include:

a) Steam boilers operated at pressure up to fifteen (15) pounds per square inch and all hot water heating boilers.

b) All steam heating systems using steam from any source whatsoever.

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c) All hot water heating systems operated by force or gravity circulation using hot water from any source whatsoever.

d) All gas and oil fired unit heaters.

Section 9.7: Temporary heat shall be maintained on a straight time basis on one, two, or three shifts, according to the formula in Paragraph 9.9 which follows. Section 9.8: Temporary heat shall not be made operative until manned in accordance with this Agreement and shall be so manned until acceptance by owner in writing and acceptance agreed to by both parties to this Agreement. Under each circumstance the system shall operate twenty-four (24) hours per day and be manned per this Agreement. Section 9.9: Where temporary heat is specified as part of the heating and ventilating contract, the following formula shall constitute the basic minimum. This formula will also apply where temporary heat is not specified as part of the heating and ventilating contract but is requested by the owners or their agents. On jobs $500,000 and over, it will be manned 24 hours per day, seven (7) days per week. On jobs $400,000 to $500,000 it will be manned 16 hours per day during regular work week and 24 hours per day on Saturday, Sunday or Holidays. On jobs under $400,000 to a minimum of $20,000 multiply the contract or selling price by 5% to get the dollar value of the temporary heat operation. Divide this amount by the rate shown before to get the number of hours per job.

ARTICLE X: FRINGE BENEFITS Effective May 1, 2018, contributions, at the rate of $14.21 per hour worked by each employee covered by this agreement shall be make to U.A. Local 73 Retirement Fund, and also effective May 1, 2018, contributions shall be made at the rate of $1.60 per hour worked by each employee and shall be made payable to U.A. Local 73 Annuity Fund and contributions at the rate of $6.00 per hour worked by each employee covered by this agreement, shall be made to U.A. Local 73 Insurance Fund, and contributions at the rate of $0.85 per hour worked by each employee covered under this agreement shall be made to the Plumbers & Steamfitters Local 73 Joint Journeymen and Apprentices Training Fund (this $0.85 is referred to in this Agreement as a contribution to the “Building Fund” and shall be used for expenses including, but not limited to, those in connection with the Training Fund’s location). Effective January 1, 2011, Pension Fund Contributions (defined benefit) for work performed at energy producing facilities, whose primary function is the sale of power or the production of fuel will be paid at the applicable rate of pay. (i.e. straight time, time and a half, double time) All such employer contributions shall be made monthly and shall be due and payable no later that the tenth (10) of the following month upon remittance forms furnished by the Retirement Fund and the Insurance Fund.

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The U.A. Local 73 Retirement Fund and Insurance Fund shall be administered pursuant to the provisions of the Fund’s Plan and Trust documents, and the rules and regulations established by the Trustees, and shall be in compliance with the requirements of State and Federal laws governing and regulating such trusts. The parties to this Collective Bargaining Agreement hereby agree that the signing of this agreement shall constitute an obligation to be bound by the terms and conditions and rules and regulations, or the Plan and Trust documents as if such documents were fully set forth herein and made a part hereof. The failure of any Employer, who is party to this agreement, to make proper and timely reports and contribution to the U.A. Local 73 Retirement Fund and or Insurance Fund shall not receive any other employer from reporting and making contributions to the Fund. It is further agreed that any employer becoming delinquent in reporting and making payments of contributions due the Fund, without notice being served of such delinquency to any such Employer by the Fund, shall be liable for the amount of the delinquency, together with interest, costs, audit fees and legal fees and shall also be liable for liquidated damages in the amount of twenty percent (20%) of the contributions due for the extra services to be performed by the Fund, on behalf of participants and beneficiaries and for required administrative services caused by said delinquencies. Should any delinquent Employer’s failure to report and make contributions to the U.A. Local 73 Retirement

Fund and or Insurance Fund require an audit of the Employer’s payroll records for the purpose of either

ascertaining said Employer’s indebtedness or for purposes of crediting the Employer’s employees for the hours

of work, such employer agrees to pay the costs of such an audit by a certified or licensed public accountant certified by Trustees. The Trustees may at any time check and examine the payroll records of any employer covered by this agreement at any reasonable time at no charge to the Employer; however, in the event that such payroll check or examination discloses that the Employer has not completed with the provisions of the Plan or Trust documents, said Employer shall pay the costs of the payroll check or examination. To provide a guarantee of payment to the Trustee of the U.A. Local 73 Retirement Fund, and Insurance Fund, as described in this agreement, any contractor, signatory to this agreement, that uses a subcontractor, agrees to pay to the fund any amount owed to the Fund by said delinquent subcontractor. However, this provision is contingent upon the following conditions:

1. The General Contractor will not withhold any monies guaranteed under this Article unless first notified by the Fund Administrator.

2. The request for delinquent payments must be submitted in writing and must include the amount owed the Fund. Copies of this request will be sent by the Fund Administrator to the Union and Employer’s

association representing the General Contractor, and to the delinquent subcontractor.

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3. The Fund Administrator must document the delinquency within a three (3) day period after sending said delinquent notice. If the Fund Administrator fails to do this, the General Contractor will cease withholding monies from the subcontractor at that time.

4. These guaranteed payments must be taken from monies still held by the General Contractor but owed to the delinquent subcontractor.

5. The General Contractor is obliged to pay the Fund only those monies owed by the delinquent subcontractor on that particular job.

6. An executed copy of the current Labor Agreement for both the General Contractor and the subcontractor shall be on file the Employer’s association representing the General Contractor and subcontractor and/or at the Fund office.

The Union, recognizing its responsibility to insure payment of these funds, agrees to furnish a fully signed current Agreement to the office of the Employer’s association and to the Fund office and not to furnish persons

to Employer’s before obtaining said signed Agreements. Any subcontractor signing this Agreement recognizes and sanctions the General Contractor’s right and

obligations under this provision. The Union may at any time withdraw its members from Employers which are delinquent in payment to the Trust Fund set forth in this agreement; provided, however, the Union shall withdraw its members from Employers delinquent twenty (20) days or more in payment of the contributions provided in this agreement. In the event that employees are removed or withdrawn from an Employer’s job site or that work is discontinued in

any manner under the provisions of this Article, said delinquent employer agrees, that as additional liquidated damages, it will pay each of the Employer’s employees represented by the Union, said employee’s regular rate

of pay for all time lost from work as a result of the action herein granted the Union for the purpose of recovering delinquent contributions and remittances due the U.A. Local 73 Retirement Fund and or Insurance Fund. The parties further agree that any action exercised by the Union and granted in this Article with respect to delinquent Employers shall not constitute a violation of any “no strike” provisions or clause contained in this

Agreement, and the Employer and the employees waive any and all rights under this Agreement with respect to action against the Union or its members of the U.A. Local 73 Retirement Fund and or Insurance Fund, before any State or Federal Agency, tribunal or court. It is expressly agreed herein that the use of grievance and arbitrations procedure set forth in this contact are waived by any such aforementioned delinquent employer. Notwithstanding any provisions herein contained or contained in the entire agreement it is further agreed that there is hereby extended to the Union the unequivocal right, when any employer shall become delinquent in contributions and remittances due to the U.A. Local 73 Retirement Fund or Insurance Fund, to declare this agreement breached by such delinquent employer and at the option of the Union, this agreement may be considered terminated.

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It is the express agreement and understanding of the parties that any action with respect to delinquent employers as set forth and provided for in this article is in recognition and for the purpose of protecting the rights of employees in the Collective Bargaining Unit, their families, and beneficiaries of the U.A. Local 73 Retirement Fund and Insurance Fund.

ARTICLE XI: INDUSTRY ADVANCEMENT FUND (NORTHERN AREA ONLY)

Section 11.1: Effective May 1, 2003, and on work performed within the geographical jurisdiction of the Union, each Employer shall pay, in addition to the hourly rate specified in Article III of his agreement, five (0.05) cents per hour for each hour worked by each journeyman and apprentice to the Plumbing, Heating and Piping Contractors of Northern New York Advancement Fund. Section 11.2: The Contractor agrees to establish said Fund for the purpose of meeting all costs to it in promoting the Plumbing, Heating and Piping Industry, and Construction Industry as a whole, on an industry-wide basis in the geographical area covered by this agreement, and to conduct its labor relations and all matters and problems incidental thereto except as hereinafter limited. Section 11.3: The activities to be financed by the Fund may include but shall not be limited to the following: safety and accident prevention, training or other educational programs, public relations, industry relations, management expenses in connection with collective bargaining and maintenance of grievance or arbitration procedures, research into methods and materials, and market development. Section 11.4: Specifically excluded from the purposes of the Fund is the right to use any of its funds lobbying in support of anti-labor legislation; to subsidize contractors during a period of work stoppage, strikes or lockouts; or to advertise during any strike. Section 11.5: The sole and exclusive right to administer the monies of this Fund shall be vested in the Contractor or its successor. Upon termination of payments into this Fund by reason of expiration of the agreement, or because of the absence of a contractual obligation upon the Employers to make such payments, or for any other reasons, the assets of the Fund shall not be distributed among any Employers or to the Union, but shall be held by the Contractors who shall continue to administer and expend such assets for the purposes, and subject to the limitations, herein set forth.

ARTICLE XII: WORK RULES AND MISCELLANEOUS PROVISIONS Section 12.1: The Employer shall determine the crafts and number of men to be assigned to each of the shifts so established. Section 12.2: Automatic Diminution Clause – Should the Union at any times hereafter enter into an agreement with any employer performing work covered by the terms of this agreement with terms and conditions more advantageous to such Employer, or should the Union in the case of any Employer which is bound to this form of Agreement countenance a course of conduct by such Employer enabling it to operate under more

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advantageous terms and conditions than is provided for in this Agreement, the Employers, party to this Agreement, shall be privileged to adopt such advantageous terms and conditions provided the Employer, though the Association, has sent written notice to the Union called the matter to its attention. Section 12.3: The Local Union shall provide the Association and trustees of the Funds herein established or contained herein, true copies of all Agreements without exception as may be negotiated by the Local Union with Employers not represented by the Association. The Association shall periodically furnish the Local Union with a membership list of those Employers having executed the Designation of Bargaining Agent Form. Section 12.4: It is agreed that overtime is undesirable and not in the best interest of the industry or the craftsmen. Therefore except in unusual circumstances, overtime will not be worked. Where unusual circumstances demand overtime, such overtime will be kept at a minimum. Section 12.5: Both parties agree that if any provision in this agreement is in contravention of any National, State or local Law, Governmental regulation affecting all or part of the territorial limits covered by this agreement it shall be suspended within the territorial limits to which such law or regulation is in effect. Such suspension shall not affect the operation of such provisions in territories covered by this agreement to which the law or regulations is not applicable, or shall it affect the operation of the remainder of the provisions of the agreement within the territorial limits which such law or regulation is applicable. Section 12.6: The welding torch and chain falls are tools of the trade having jurisdiction over the work being performed. Craftsmen using these tools shall perform any of the work of the trade and shall work under the supervision of the craft foremen. Section 12.7: Workmen shall be at their place of work at the starting time and shall remain at their place of work until quitting time. Section 12.8: There shall be no limit on production by workmen nor restrictions on the full use of tools or equipment. There shall be not restriction, other than may be required by safety regulations, on the number of men assigned to any crew or to any service unless it contradicts with this Agreement. Section 12.9: Practices not a part of terms and conditions of Collective Bargaining Agreement will not be recognized. Section 12.10: Slowdowns, standby crews and featherbedding practices will not be tolerated. Section 12.11: A steward shall be a qualified workman performing work of his craft and shall exercise no supervisory functions. There shall be no non-working stewards.

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ARTICLE XIII STANDARD FOR EXCELLENCE

The Plumbing, Heating and Piping Contractors of Northern New York and the Mechanical Contractors of Oswego and Cayuga Counties and UA Local 73 recognize Quality, Safety and Productivity are the upmost importance throughout our industry. Therefore on May 1, 2018 the UA Standard for Excellence was adopted by Management and Labor as a commitment to achieve these principles each and every day. Section 13.1: Member and Local Union Commitment: To ensure the UA Standard for Excellence platform meets and maintains it goals, the local union business manager, in partnership with his implementation team, including business agents, shop stewards and the local membership, shall ensure all members:

• Meet their commitment to the employer and their fellow workers by arriving on the job ready to work every day, on time. (Absenteeism and tardiness will not be tolerated.)

• Adhere to the contractual starting and quitting times, including lunch break periods. (Personal cell phones will not be used during the workday with the exception of lunch and break periods.)

• Meet their commitment as highly skilled craft workers by providing the required tools as stipulated under the local Collective Bargaining Agreement while respecting those tools and equipment supplied by the employer.

• Use and promote the local union and international training and certification systems to the membership so they may continue on the road of lifelong learning, thus ensuring UA craft workers are the most highly trained and sough-after workers.

• Meet their commitment to be ready and alert to put in a full day of work, ensuring a zero-tolerance policy for substance abuse is strictly met.

• Be productive and keep inactive time to a minimum. • Meet their contractual obligation to eliminate disruptions on the job and safely work toward the on-time

completion of project in an auspicious manner. • Respect the customers’ property. (Waste and property destruction, such as graffiti, will not be tolerated.) • Respect the UA, the customer, client and contractor by dressing in a manner appropriate for our highly

skilled and professional craft. (Offensive words and symbols on clothing and buttons are not acceptable.)

• Respect and obey employer and customer rules and policies. • Follow safe, reasonable and legitimate management directives. • Honor and engage in the best safety practices and fulfill the responsibilities set forth in the UA

Standard for Safety. Section 13.2: Employer and Management Commitment: MCAA/MSCA, PFI, NCPWB, PCA, UAC, and NFSA and their signatory contractors are committed to managing their jobs effectively, and as such have the following obligations under the UA Standard for Excellence:

• Replace and return to the referral hall ineffective superintendents, general foremen, foreman, journey workers and apprentices.

• Provide worker recognition for a job well done. • Ensure all necessary tools and equipment are readily available to employees.

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• Minimize workers’ downtime by ensuring blueprints, specifications, job layout instructions and

material are readily available in a timely manner. • Provide proper storage for contractor and employee tools. • Provide necessary leadership and problem-solving skills to job-site supervision. • Ensure job-site leadership takes the necessary ownership of mistakes created by management

decisions. • Encourage employees, but if necessary, be fair and consistent with discipline. • Create and maintain a safe work environment by providing site-specific training and proper

equipment, and by following occupational health and safety guidelines. • Promote and support continued education and training for employees while encouraging career-

building skills. • Employ an adequate number of properly trained employees to efficiently perform the work in a safe

manner, while limiting the number of employees to the work at hand, thereby providing the customer with a key performance indicator of the value of the UA Standard for Excellence.

• Treat all employees in a respectful and dignified manner, acknowledging their contributions to a successful project.

• Cooperate and communicate with the job steward and other local union representatives. • Honor and engage in the best safety practices and fulfill the responsibilities set forth in the UA

Standard for Excellence.

Section 13.3: Problem Resolution through the UA Standard for Excellence Policy: Under the UA Standard for Excellence it is understood that members through the local union, and management through the signatory contractors, have duties and are accountable in achieving successful resolutions. Section 13.4: Member and Local Union Commitment:

• The Local union will work with members to correct and solve problems related to job performance. • Job Stewards shall be provided with steward training and receive specialized training with regard to the

UA Standard for Excellence. • Regular meetings will be held where a designated local union representative and UA supervision will

communicate with the management team regarding job progress, work scheduling and other issues affecting work processes.

• The local union shall communicate with the members about issues affecting work progress. • The business manager or his delegate will conduct regularly scheduled meetings to discuss and resolve

issues affecting compliance with the UA Standard for Excellence policy. • The local union and management will attempt to correct such problems with individual members in the

workplace. • The failure to comply with membership commitment shall be addressed and corrected as necessary,

through appropriate, fair and lawful procedures.

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Section 13.5: Employer and Management Commitment: • Regular meetings will be held where the management team and UA supervision will communicate with

a designated union representative regarding job progress, work schedules and other issues affecting the work process.

• Management will address concerns brought forth by the local union or UA supervision in a professional and timely manner.

• A course of action shall be established to allow the local union and/or UA supervision to communicate with higher levels of management in the event there is a breakdown with the responsible manager.

• In the event that the employee is unwilling or unable to make the necessary changes, management must make the decision whether the employee is detrimental to the UA Standard for Excellence platform and make a decision regarding that employee’s further employment.

Section 13.6: Additional Jointly Supported Methods of Problem Resolution: • In the event an issue is irresolvable at this level, the local union or the contractor may call for a

contractually established labor management meeting to resolve the issues. • Weekly job progress meetings should be conducted with local union representatives, UA supervision

and management. • The local union or the contractor may involve the customer when their input is prudent in finding a

solution. • Foremen, general foremen, superintendents and other management should be educated and certified as

leaders in the UA Standard for Excellence policy. *See form “UA Standard for Excellence Dismissal Report” and complete when necessary.

ARTICLE XIV

SETTLEMENT OF DISPUTES Section 14.1: All troubles or discussion between the Contractors and the members of Local Union 73 shall be referred to the Business Manager or Business Agent of the Local Union and at no time are the Contractors to discriminate against any member of the Local Union. Section 14.2: Any and all questions in relation to the interpretation of this Agreement shall not be subject to strike by the Union or lockout by the Contractors. Disputes which cannot be settled by the Business Manager/Business Agent of the Union and the Contractors shall be settled by the procedure provided below. It is mutually agreed that the hours of work, wages, trade jurisdiction and /or non-union conditions shall not be a matter of arbitration. Section 14.3A: All parties agree that work shall continue until any or all questions in dispute shall have been arbitrated as herein provided for. Section 14.3B: In the event that one of the above parties claims that the other is violating the working agreement between the two parties, such claim shall be reduced to writing and served upon the offending party.

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If after three (3) days a settlement is not reached between the contractor and union, and independent arbitrator will selected. Both parties agree that they will abide by the decision rendered. Section 14.4: Any cost expense as a result of this Arbitration shall be divided equally between the Union and the Contractors. Section 14.5: This agreement does not deny the right of the Union or its representative to render assistance to other labor organizations by removal of its members from jobs when necessary and when the Union or its proper representatives decide to respect a legal picket line, and the failure to or refusal of a member of the craft to cross such legal picket line shall not subject such employee to discharge or discipline in any manner whatsoever, when such removal takes place the journeymen and apprentices affected must take care of all tools, materials, or other property of the employers affected and see that they are placed in a safe place designated by the Employers. No removal of members of the craft shall take place until notice is first given the Employer.

ARTICLE XV

MANAGEMENT RIGHTS Section 15.1: The direction of employees, including the making and enforcing of rules to assure orderly and efficient operations, the determination of employee competency, the right to hire, transfer, promote, demote, discharge, lay-off for lack of work, and the scheduling of work are rights vested exclusively in the Employer. Section 15.2: The operation of the business, including the introduction of newly improved methods and facilities, the determination of the amounts of supervision necessary and the size and composition of the work force and crews are rights vested exclusively in the Employer unless it should contradict with this agreement. Section 15.3: The rights set forth herein are not exclusive, but merely indicate they type of matters or rights which belong to and are inherent to management. Section 15.4: Safety equipment shall be furnished by the Employer as required by existing State and Federal Laws, and shall meet the standards for construction as established by the Occupational Safety and Health Act of 1970 (OSHA). Section 15.5: The Employer shall furnish all protective gear for welders and all rain gear and pullover boots that may be required by job conditions. Section 15.6: Workmen will be required to sign for protective gear and shall be responsible for the return of same to the Employer upon completion of the job. Section 15.7: While in the employ of a Plumbing, Heating and/or Piping Contractor, no employee shall do any sub-contracting or outside work pertaining to the plumbing or pipefitting trades. All work must be done through the Contractor in the usual manner. Any member violating this Section shall be disciplined according

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to the By Laws of Local 73 and the UA Constitution. This will be enforced by the Business Manager or Business Agent.

ARTICLE XVI

NO STRIKE, NO LOCKOUT Section 16.1: There shall be no illegal strikes, work stoppages or lockouts. Section 16.2: In the event employees are withdrawn from any delinquent Employer, in order to enforce payment of contributions to the Welfare and/or Pension Fund the employees who are affected by such stoppage of work shall be paid by the delinquent Employer at their regular rate for lost time for the last day of employment.

ARTICLE XVII DURATION, TERMINATION AND RENEWAL OF AGREEMENT

This agreement shall take effect May 1, 2018 and shall remain in effect until April 30, 2021 It shall continue in effect from year to year thereafter, from May 1, to April 30 of each year. If at any time from the start of this Agreement, a change shall be effected by either party, a notification in writing must be submitted at least sixty (60) days prior to April 30 of any year. IN WITNESS WHEREOF, The respective Parties hereto have signed this Agreement on the 1st day of May 2018. FOR: THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND

PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL #73:

BY: Patrick J. Carroll, Business Manager _______________________________________ BY: Eric Saunders, Business Agent _______________________________________ BY: Marc Stevens, Business Agent _______________________________________ BY: Thomas Familo, President _______________________________________ BY: Paul Izyk, Organizer _______________________________________ BY: Shaun Lower, Training Coordinator _______________________________________ BY: John Jaskula _______________________________________ FOR:

The Plumbing, Heating and Piping Contractors of Northern New York, Inc.

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BY: ________________________________ _______________________________________ Print Name Signature IN WITNESS WHEREOF, the respective parties have signed this Agreement on the dates after their names. This agreement shall be pursuant to and in accordance with the amendment to the Labor Management Relations Act of 1947, as amended, when such amendments are passed by Congress. FOR THE EMPLOYERS COMPANY DATE _________________________ _________________________ _____________ _________________________ _________________________ _____________ _________________________ _________________________ _____________ _________________________ _________________________ _____________ _________________________ _________________________ _____________

ROOFERS

SHEET METAL WORKERS

Foml A-OJ-05

STANDARD FORM OF UNION AGREEMENT SHEET METAL, ROOFING, VENTILATING AND AIR CONDITIONING

CONTRACTING DIVISIONS OF THE CONSTRUCTION INDUSTRY

Agreement entered into May I, 2016 by and between Central New York Sheet Metal Contractors Association Inc" (Name of Contractor or Contractor's Association)

and each business establishment individually, whether represented by a contractor association or not, hereinafter referred

to as the Employer, and Local Union No. 58 of Sheet Metal Workers' International Association, hereinafter

referred to as the Union for Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga,

Oswego, and St. Lawrence Counties in New York State. (SpecifY area covered by this Agreement)

ARTICLE I

SECTION I. Tbis Agreement covers the rates of pay and conditions of employment of all employees of the Employer engaged in but not limited to the : (a) manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous or nonferrous metal work and all other materials used in lieu thereof and of all HV AC systems, air veyor systems, exhaust systems, and air-handling systems regardless of material used including the setting of all equipment and all reinforcements in connection therewith; (b) all lagging over insulation and all duct lining; (c) testing and balancing of all air-handling equipment and duct work; (d) the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; (e) metal roofmg; and (f) all other work included in the jurisdictional claims of Sbeet Metal Workers' International Association.

ARTICLE II

SECTION 1. No Employer shall subcontract or assign any of the work described herein which is to be performed at a jobsite to any contractor, subcontractor or other person or party who fails to agree in writing to comply with the conditions of employment contained herein including, without limitations, those relating to union security, rates of pay and working conditions, hiring and other matters covered hereby for the duration ofthe project.

SECTION 2. Subject to other applicable provisions of this Agreement, the Employer agrees that when subcontracting for prefabrication of materials covered herein, sucb prefabrication shall be subcontracted to fabricators who pay their employees engaged in such fabrication not less than the prevailing wage for comparable sheet metal fabrication, as establ ished under provisions of this Agreement.

ARTICLE III

SECTION I . The Employer agrees that none but journeymen, apprentice, preapprentice and classified sheet metal workers shall be employed on any work described in Article I and further, for the purpose of proving jurisdiction, agrees to provide the Union with written evidence of assignment on the Employer's letterhead for certain specified items of work to be performed at ajobsite prior to commencement of work at the site. List of such specific items, which may be revised from time to time, as agreed to by and between SMACNA and SMWlA shall be provided to the Employer.

ARTICLE IV

SECTION 1. The Union agrees to furnish upon request by the Employer duly qualified journeymen, apprentice, preapprentice, and classified sheet metal workers in sufficient numbers as may be necessary to properly execute work contracted for by the Employer in the manner and under the conditions specified in this Agreement.

ARTICLE V

SECTION 1. The Employer agrees to require membership in the Union, as a condition of continued employment of all employees performing any of the work specified in Article I of this Agreement, within eight (8) days following the beginning of such employment or the effective date of this Agreement, whichever is the later, provided the Employer has reasonable grounds for believing that membership is available to such employees on the same terms and conditions generally applicable to other members and that membership is not denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fee uniformly required as a condition of acquiring or retaining membership.

SECTION 2. If during the term of this Agreement the Labor-Management Relations Act of 1947 shall be amended by Congress in such manner as to reduce the time within which an employee may be required to acquire union membership, such reduced time limit shall become immediately effective instead of and without regard to the time limit specified in Section I of this Article.

SECTION 3. The provisions of this Article shall be deemed to be of no force and effect in any state to the extent to which the making or enforcement of such provision is contrary to law. In any state where the making and enforcement of such provision is lawful only after compliance with certain conditions precedent, this Article shall be deemed to take effect as to involved employees immediately upon compliance with such conditions.

SECTION 4: The Employer agrees to deduct Union dues, assessment or service fees (excluding fines and initiation fees) from each week's pay of those employees who have authorized such deductions in writing, irrespective of whether they are Union members. Not later than the twentieth day of each month, the Employer shall remit to the designated financ ial officer of the Union the amount of deductions made for the prior month, together with a list of employees and their Social Security numbers for whom such deductions have been made.

ARTICLE VI

SECTION 1. The regular working day shall consist of Eight (8) hours labor in the shop or on the job between eight (8) a.m. and five (5) p.m. unless modified in local negotiations and the regular working week shall consist of five (5) consecutive Eight (8) hour days labor in the shop or on the job, beginning with Monday and ending with Friday of each week. All full time or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided pursuant to Section 4 of this Article, all work performed outside the regular working hours and performed during the regular work week, shall be at one & one-half (I Y, ) times the regular rate. Where conditions warrant, the regular work day may consist often (10) hours labor on the job and the regular work week of four (4) ten (10) hour days between Monday and Friday when mutually agreed between the Local Union and Employer. (See Addendum No.1, C)

A make-up day may be scheduled for work missed due to inclement weather, when mutually agreed between the Local Union and Employer. The make-up hours shall be paid at the regular hourly rate of pay. (See Addendum No. 1, E)

Employees shall be at the shop or project site at scheduled starting time each day and shall remain until quitting time.

SECTION 2. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day (See Addendum No. 32) or days locally observed as such, and Sunday shall be recognized as holidays. All work performed on holidays shall be paid as follows: Double Time.

SECTION 3. It is agreed that all work performed outside of regular working hours during the regular work week and on holidays shall be performed only upon notification by the Employer to the Union in advance of scheduling such work. Preference on overtime and holiday work shall be given to employees on the job on a rotation basis so as to equalize such work as nearly as possible.

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SECTION 4. Shift work and the pay and conditions therefore shall be only as provided in written addenda attached to this Agreement. Energy conservation-Retrofit work performed outside the regular work day in occupied buildings shall be performed under shift work conditions to be established by the local parties or by the National Joint Adjustment Board on the request of either party, if not locally provided.

ARTICLE VII (See Addenda No.3, No.4 and No.5)

SECTION 1. When employed in a shop or on ajob within the limits of the free zone employees shall be governed by the regular working hours specified herein and shall provide for themselves necessary transportation within the said limits from home to shop or job at starting time and from shop or job to home at quitting time, and the Employer shall provide, or pay, for all necessary additional transportation during working hours.

SECTION 2. When employed outside of the limits specified in Section I of this Article, and within the jurisdiction of the Union, employees shall provide transportation for themselves which will assure their arrival at the limits specified in Section I of this Article at regular starting time, and the Employer shall provide or pay for all additional transportation for such jobs, including transportation from such job back to the limits specified in Section 1 of this Article which will assure arrival at such limits at quitting time. As an alternative to the foregoing method, travel expense may be paid by a zone or other method of payment. If this alternative method is used, it will be provided in a written addendum attached hereto. If an Employer sends an employee to perform work outside of the territorial jurisdiction of the United States of America or Canada, travel pay and/or subsistence arrangements shall be negotiated locally.

The parties intend travel pay to fairly compensate employees for travel, not to place contractors at a competitive disadvantage due to geographic location or to create artificial barriers against out-of-area contractors.

ARTICLE VIII

SECTION I. The minimum rate of wages for journeymen sheet metal workers covered by this Agreement when employed in a shop or on a job within the jurisdiction of the Union to perform any work specified in Article I of this Agreement shall be $ per hour, except hereinafter specified in Section 2 of this Article. (See Addendum No.I,A)

SECTION 2. On all work specified in Article I of this Agreement, fabricated and/or assembled by journeymen, apprentices, preapprentices and/or classified sheet metal workers within the jurisdiction of this Union, or elsewhere, for erection and/or installation within the jurisdiction of any other collective bargaining areas or local union affiliated with Sheet Metal Workers' International Association, whose established wage scale is higher than the wage scale specified in this Agreement, the higher wage scale of the jobsite Union shall be paid to the employees employed on such work in the home shop or sent to the jobsite.

SECTION 3. The provisions of Section 2 of this Article, Section 2 of Article II and Section I of Article III shall not be applicable to the manufacture for sale to the trade or purchase of the following items:

1. Ventilators 2. Louvers 3. Automatic and fue dampers 4. Radiator and air conditioning unit enclosures 5. Fabricated pipe and fittings for residential

installations and light commercial work as defined in the locality

6. Mixing (attenuation) boxes 7. Plastic skylights 8. Air diffusers, grilles, registers 9. Sound attenuators 10. Chutes II. Double-wall panel plenums 12. Angle rings

SECTION 4. The provisions of Section 2 of this Article shall not be applicable to AIR POLLUTION CONTROL SYSTEMS fabricated for the purpose of removing air pollutants, excluding air conditioning, heating and ventilating systems. In addition, the provisions of Section 2 of this Article will not be applicable to the manufacture of spiral pipe and fittings, except when such a provision is contained in the local union agreement or addendum to the SFUA.

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SECTION 5. Except as provided in Sections 2 and 6 of this Article, the Employer agrees that journeymen, preapprentice and classified sheet metal workers hired outside the territorial jurisdiction of this Agreement shall receive the wage scale and working conditions of the local Agreement covering the territory in which such work is performed or supervised.

SECTION 6. When the Employer has any work specified in Article I of this Agreement to be performed outside of the area covered by this Agreement and within the area covered by another Agreement with another local union affiliated with the Sheet Metal Workers' International Association, and qualified sheet metal workers are available in such area, the Employer may send no more than two (2) sheet metal workers per job into such area to perform any work which the Employer deems necessary, both of whom shall be from the Employer's home jurisdiction. All additional sheet metal workers shall come from the area in which the work is to be performed. Journeymen sheet metal workers covered by this Agreement who are sent outside of the area covered by this Agreement shall be paid at least the established minimum wage scale specified in Section I of this Article but in no case less than the established wage scale of the local Agreement covering the territory in which such work is performed or supervised, plus all necessary transportation, travel time, board and expenses while employed in that area, and the Employer shall be otherwise governed by the established working conditions of the local Agreement. If employees are sent into an area where there is no local Agreement of the Sheet Metal Workers' International Association covering the area then the minimum conditions of the home local union shall apply.

SECTION 7. In applying the provisions of Sections 2,5, and 6 of this Article VID, the term "wage scale" shall include the value of all applicable hourly contractual benefits in addition to the hourly wage rate provided in said Sections.

SECTION 8. Welfare benefit contributions shall not be duplicated.

When sheet metal workers are employed temporarily outside the jurisdiction of their home local union, the parties signatory to this Agreement agree to arrange through the Health and Welfare Trust Fund to transmit health and welfare contributions made on behalf of the employee to the Health and Welfare Trust Fund in the employee's home local union.

The parties to this Agreement agree to establish a system for continuing health and welfare coverage for employees working temporarily outside the jurisdiction of the local collective bargaining agreement when bealth and welfare contributions are transmitted on their behalf by trust funds from other areas.

When sheet metal workers are temporarily employed outside the jurisdiction of their home local union, the parties signatory to this agreement sball arrange to transmit any 401(k) contributions required to be made to a 401(k) plan where the work is performed to a 401(k) plan established for the employee's home local union, and/or to the National Supplemental Savings Fund.

This obligation is conditioned upon a suitable reciprocity arrangement being agreed to by the trustees of such plans.

SECTION 9. Wages at the established rates specified herein shall be paid (see Addendum No. I, B) in the shop or on the job at or before quitting time on of each week, and no more tban two (2) days' pay will be withbeld. Alternative payroll procedures, i.e., electronic and/or automatic deposit may be negotiated locally. However, employees when discbarged shall be paid in full.

SECTION 10. Journeymen, apprentice, preapprentice and classified sheet metal workers who report for work by direction of the Employer, and are not placed to work, shall be entitled to two (2) hours' pay at the established rate. This provision, however, shall not apply under conditions over which the Employer has no control.

SECTION II. Eacb Employer covered by this Agreement shall employ at least one (I) journeyman sheet metal worker who is not a member of the firm on all work specified in Article I of this Agreement. However, it will be permissible for an ownermember to be the journeyman sbeet metal worker.

SECTION 12(a). Contributions provided for in Section 12(b) of this Article will be used to promote programs of industry education, training, negotiation and administration of collective bargaining agreements, research and promotion, such programs serving to expand the market for the services of the Sheet Metal Industry, improve the technical and business skills of Employers, stabilize and improve Employer-Union relations, and promote, support and improve the employment opportunities for employees. No part of any such payments, however, shall be used for any other purpose except as expressly specified above.

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(b). The Employer shall pay the Sheet Metal and Air Conditioning Contractors' National Industry Fund of the United States (IFUS) twelve cents ($0.12) per hour for each hour worked on and after the effective date of this Agreement by each employee of the Employer covered by this Agreement. Payment shall be made on or before the 20th day of the succeeding month and shall be remitted to IFUS, 4201 Lafayette Center Drive, Chantilly, Virginia, 20151 -1209, or for the purpose of transmittal, through Central New York Sheet Metal Contractors Association Inc ..

(c). The IFUS shall submit to the Sheet Metal Workers' International Association not less often than semi-annually written reports describing accurately and in reasonable detail tlie nature of activities in which it is engaged or which it supports directly or indirectly with any of its funds. One time per year, the IFUS shall include in such written report a fmancial statement attested to by a certified public accountant containing its balance sheet and detailed statement of annual receipts and disbursements. Further specific detailed information in regard to IFUS activities or its receipts and/or expenditures shall be furnished to the Sheet Metal Workers' International Association upon written request.

(d). Grievances concerning use of IFUS funds for purposes prohibited under Section 12(a) or for violations of other subsections of this Section may be processed by the Sheet Metal Workers' International Association directly to the National Joint Adjustment Board under the provisions of Article X of this Agreement. In the event such proceeding results in a deadlock, either party may, upon ten (10) days notice to the other party, submit the issue to fmal and binding arbitration. The Arbitrator shall be selected by the Co-Chairmen of the National Joint Adjustment Board. The Arbitrator shall be authorized to impose any remedial order he deems appropriate for violation of this Section, including termination of the Employer's obligation to contribute to the IFUS. The authority of the Arbitrator is expressly limited to a determination of a deadlocked issue under this Section, (Section 12, Article VIIl), and no other.

SECTION 13 (a). Contributions provided for in Section 13(b) of this Article will be used to promote programs of industry education, training, negotiation and administration of collective bargaining agreements, research and promotion, such programs serving to expand the market for the services of the Sheet Metal Industry, improve the technical and business skills of Employers, stabilize and improve Employer-Union relations, and promote, support and improve the employment opportunities for employees. No part of any such payments, however, shall be used for any other purpose except as expressly specified above.

(b). The Employer shall pay to the Central New York Sheet Metal Contractors Association Inc.(tlle local industry fund), sixteen cents ($0.16) per hour for each hour worked on or after the effective date of this Agreement by each employee of the Employer covered by this Agreement. Payment shall be made monthly on or before the 20th day of the succeeding month.

(c). The local industry fund shall furnish to the Business Manager of the Union, not less often than semi-annually, written reports describing in reasonable detail the nature of activities in which it is engaged or which it supports directly or indirectly with any of its funds. One time per year, the local industry fund shall include in such written report, a statement attested to by a certified public accountant and containing its balance sheet and detailed statement of receipts and disbursements. Further specific detailed information in regard to local industry fund activities or its receipts and/or disbursements shall be furnished to the Business Manager of the Union upon his written request.

(d). Grievances concerning use of local industry fund monies to which an Employer shall contribute for purposes prohibited under Section 13(a) or for violations of other subsections of this Section shall be handled under the provisions of Article X of this Agreement. The National Joint Adjustment Board shall be authorized to impose any remedial order for violation of this Section, including termination of the Employer's obligation to contribute to the local industry fund .

SECTION 14. The Union and Employer recognize that the contributions provided in Sections 12(b) and 13(b) of this Article support activities that benefit the entire sheet metal industry. It is essential that the Employer support these activities, even though it may be performing sheet metal work under the provisions of a separate project agreement or maintenance agreement.

Therefore, hours worked for purposes of determining the contributions required under Sections 12(b) and 13(b) of this Article shall include all hours worked by each employee of the Employer under any project agreement or maintenance agreement, unless specifically excluded by the terms of a written addendum that is negotiated by the Contractors' Association and the Local Union that are parties to this Agreement.

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SECTION IS. Effective as of the date of this Agreement the Employers will contribute to the International Training Institute for the Sheet Metal and Air Conditioning Industry (ITI) twelve cents ($0.12) per hour for each hour worked by each employee of the Employer covered by this Agreement. Payment shall be made on or before the 20th day of the succeeding month and shall be remitted as designated by the Trustees of the ITI, or for purposes of collection and transmittal through Sheet Metal Workers Local No. 58.

Effective as of the date of this Agreement the Employers will contribute to the National Energy Management Institute Committee (NEMIC), a jointly administered trust fund, three cents ($0.03) per hour for each hour worked by each employee of the Employer covered by this Agreement. Payment shall be made on or before the 20th day of the succeeding month and shall be remitted as designated by the Trustees of the NEMIC, or for the purposes of collection and transmittal through Sheet Metal Workers Local No. 58.

Effective as of the date of this Agreement the Employers will contribute to the Sheet Metal Occupational Health Institute Trust (Institute) two cents ($0.02) per bour for each hour worked by each employee oftbe Employer covered by this Agreement until the Institute Trustees determine that the Trust is financially self-sufficient. Payment shall be made on or before the 20th day of the succeeding month and shall be remitted as designated by the Trustees of the Institute, or for purposes of collection and transmittal through Sheet Metal Workers Local No. 58.

The parties agree to be bound by the separate Agreements and Declarations of Trusts establishing the International Training Institute for the Sheet Metal and Air Conditioning Industry, the National Energy Management Institute Committee, the Sheet Metal Occupational Health Institute Trust, and the Industry Fund of the United States and the separate agreements and declarations of trusts of all other local or national programs to which it has been agreed that contributions will be made. In addition, the parties agree to be bound by any amendments to said trust agreements as may be made from time to time and hereby designate as their representatives on the Board of Trustees such trustees as are named together with any successors who may be appointed pursuant to said agreements.

The parties authorize the trustees of all national funds to cooperatively establish unifonn collection procedures to provide for efficient and effective operation of the various national trusts.

SECTION 16. In the event that the Employer becomes delinquent in making contributions to any national or local Fund, the Union may withdraw all employees from the service of the Employer within days notice of such delinquency by the trustees. The withdrawal of such employees from the service of the Employer shall not constitute a violation of any provision of this Agreement. (See Addendum No.2, B)

SECTION 17(a). The Employer shall comply with any bonding provisions governing local Funds that may be negotiated by the local parties and set forth as a written Addendum to this Agreement. The Employer shall likewise comply with bonding requirements established by the Trustees of the National Funds.

(b). When an Employer is performing any work specified in Article I of this Agreement outside of the area covered by tbis Agreement, and within the area covered by another Agreement with a local union affiliated with the Sheet Metal Workers' International Association, the Employer shall comply with unifonnly applied bonding requirements of that local area that are reasonable and necessary to ensure the timely payment of any contribution that may be required to local and national Funds, but in no event shall such bonds be in excess ofthree (3) months estimated contributions to local and national Funds.

(c). An Employer that has been delinquent in making contributions to any national or local fund shall, upon written notification of the trustees or local union, make the specified payment to such fund at weekly intervals. Such obligation shall continue until the Employer has not been delinquent in making contributions for a period of __ consecutive months.

ARTICLE IX

SECTION I. Journeymen, apprentice, preapprentice and classified sheet metal workers covered by this Agreement shall provide for themselves all necessary hand tools. The Union and the Employer shall establish a standardized tool list, which shall be set forth as a written addendum attached hereto.

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SECTION 2. Journeymen, apprentice, preapprentice and classified sheet metal workers covered by this Agreement shall not be permitted or required as a condition of employment to furnish the use of automobile or other conveyance to transport men, tools, equipment or materials from shop to job, from job to job, or from job to shop; facilities for such transportation to be provided by the Employer. This provision shall not restrict the use of an automobile or other conveyance to transport its owner and personal tools from home to shop or job at starting time or from shop or job to home at quitting time.

ARTICLE X

The Union and the Employer, whether party to this Agreement independently or as a member of a multi-employer bargaining unit, agree to utilize and be bound by this Article.

SECTION 1. Grievances ofthe Employer or the Union, arising out of interpretation or enforcement of this Agreement, shall be settled between the Employer directly involved and the duly authorized representative of the Union, if possible. Both parties may participate in conferences through representatives of their choice. The local Employers' Association or the Local Union, on its own initiative, may submit grievances for determination by the Board as provided in this Section. The grievance procedure set forth in this Article applies only to labor-management disputes.

To he valid, grievances must be raised within thirty (30) calendar days following the occurrence glvmg rise to the grievance, or, if the occurrence was not ascertainable, within thirty (30) calendar days of the first knowledge of the facts giving rise to the grievance.

SECTION 2. Grievances not settled as provided in Section I of this Article may be appealed by either party to the Local Joint Adjustment Board where the work was performed or in the jurisdiction of the Employer's home local and such Board shall meet promptly on a date mutually agreeable to the members of the Board, but in no case more than fourteen (14) calendar days following the request for its services, unless the time is extended by mutual agreement of the parties or Local Joint Adjustment Board. The Board shall consist of representatives of the Union and of the local Employers' Association and both sides shall cast an equal number of votes at each meeting. Except in the case of a deadlock, a decision of a Local Joint Adjustment Board shall be final and binding.

Notice of appeal to the Local Joint Adjustment Board shall be given within thirty (30) days after termination of the procedures prescribed in Section I of this Article, unless the time is extended by a mutual agreement ofthe parties.

SECTION 3. Grievances not disposed of under the procedure prescribed in Section 2 of this Article, because ofa deadlock or failure of such Board to act, may be appealed jointly or by either party to a Panel, consisting of one (I) representative appointed by the Labor Co-Chairman of the National Joint Adjustment Board and one (1) representative appointed by the Management Co-Chairman of the National Joint Adjustment Board. Appeals shall be mailed to the National Joint Adjustment Board. * Notice of appeal to the Panel shall be given within thirty (30) days after termination of the procedures prescribed in Section 2 of this Article. Such Panel shall meet promptly but in no event more than fourteen (14) calendar days following receipt of such appeal, unless such time is extended by mutual agreement of the Panel members. Except in case of deadlock, the decision ofthe Panel shall be final and binding.

In establishing the grievance procedure of the Standard Form of Union Agreement, it was the intent of Sheet Metal Workers' International Association and the Sheet Metal and Air Conditioning Contractors' National Association, Inc. to establish a method for resolving grievances permitting appeals for out-of-area Employers from the grievance arbitration procedures established for the territory in which work is performed. An Employer who was not a party to the Labor Agreement of the area in which the work in dispute is performed may appeal the decision of the Local Joint Adjustment Board from that area, including a unanimous decision, as well as a decision of any alternative arbitration tribunal established for that area, and request a Panel hearing as set forth in Section 3 of this Article, providing such appeal is approved by the Co-Chairmen of the National Joint Adjustment Board. Such a right of appeal shall exist despite any contrary provision in the agreement covering the area in which the work is performed.

For the purposes of this Section, an Employer who is party to the Labor Agreement of the area in which the work in dispute is performed, but has no permanent shop within the area served by the Local Joint Adjustment Board that rendered the unanimous decision, may also be entitled to appeal a deadlocked or unanimous Local Joint Adjustment Board decision, and request a Panel hearing.

7

SECTION 4. Grievances not settled as provided in Section 3 of this Article may be appealed jointly or by either party to the National Joint Adjustment Board. Submissions shall be made and decisions rendered under such procedures as may be prescribed by such Board. Appeals to the National Joint Adjustment Board shall be submitted within thirty (30) days after termination of the procedures described in Section 3 of this Article. The Procedural Rules of the National Joint Adjustment Board are incorporated in this Agreement as though set out in their entirety. (Copies of the procedures may be obtained from the National Joint Adjustment Board*)

SECTION 5. A Local Joint Adjustment Board, Panel and the National Joint Adjustment Board are empowered to render such decisions and grant such relief to either party as they deem necessary and proper, including awards of damages or other compensation.

SECTION 6. In the event of non-compliance within thirty (30) calendar days following the mailing of a decision of a Local Joint Adjustment Board, Panel or the National Joint Adjustment Board, a local party may enforce the award by any means including proceedings in a court of competent jurisdiction in accord with applicable state and federal law. If the party seeking to enforce the award prevails in litigation, such party shall be entitled to its costs and attorney's fees in addition to such other relief as is directed by the courts. Any party that unsuccessfully challenges the validity of an award in a legal proceeding shall also be liable for the costs and attorneys' fees of the opposing parties in the legal proceedings.

* All correspondence to the National Joint Adjustment Board shall he sent to the following address: National Joint Adjustment Board, P.O. Box 220956, Chantilly, VA 20153-0956

or 4201 Lafayette Center Drive, Chantilly, VA 20151-1209.

SECTION 7. Failure to exercise the right of appeal at any step thereof within the time limit provided therefore shall void any right of appeal applicable to the facts and remedies of the grievances involved. There shall be no cessation of work by strike or lockout during the pendency of the procedures provided for in this Article. Except in case of deadlock, the decision of the National Joint Adjustment Board shall be final and binding.

SECTION 8. In addition to the settlement of grievances arising out of interpretation or enforcement of this Agreement as set forth in the preceding sections of this Article, any controversy or dispute arising out of the failure of the parties to negotiate a renewal of this Agreement shall be settled as hereinafter provided:

(a). Should the negotiations for a renewal of this Agreement or negotiations regarding a wage/fringe reopener become deadlocked in the opinion of the Union representative(s) or of the Employer('s) representative(s), or both, notice to that effect shall be given to tbe National Joint Adjustment Board.

If the Co-Chairmen of the National Joint Adjustment Board believe the dispute might be adjusted without going to fmal hearing before the National Joint Adjustment Board, each will then designate a Panel representative who shall proceed to the locale where the dispute exists as soon as convenient, attempt to conciliate the differences between the parties and bring about a mutually acceptable agreement. If such Panel representatives or either of them conclude that they cannot resolve the dispute, the parties thereto and the Co-Chairmen of the National Joint Adjustment Board shall be promptly so notified without recommendation from the Panel representatives. Should the Co-Chairmen of the National Joint Adjustment Board fail or decline to appoint a Panel member or should notice of failure of the Panel representatives to resolve the dispute be given, the parties shall promptly be notified so that either party may submit the dispute to the National Joint Adjustment Board.

In addition to the mediation procedure set forth above or as an alternate thereto, the Co-Chairmen of the National Joint Adjustment Board may each designate a member to serve as a Subcommittee and hear the dispute in the local area. Such Subcommittees shall function as arbitrators and are authorized to resolve all or part of the issues. They are not, however, authorized to deadlock and the matter shall be heard by the National Joint Adjustment Board in the event a Subcommittee is unable to direct an entire resolution of the dispute.

The dispute shall be submitted to the National Joint Adjustment Board pursuant to the rules as established and modified from time to time by the National Joint Adjustment Board. The unanimous decision of said Board shall be final and binding

8

upon the parties, reduced to writing, signed and mailed to the parties as soon as possible after the decision has been reached. There shall be no cessation of work by strike or lockout unless and until said Board fails to reach a unanimous decision and the parties have received written notification of its failure .

(b). Any application to the National Joint Adjustment Board shall be upon fonns prepared for that purpose subject to any changes which may be decided by the Board from time to time. The representatives of the parties who appear at the hearing will be given the opportunity to present oral argument and to answer any questions raised by members of the Board. Any briefs filed by either party including copies of pertinent exhibits shall also be exchanged between the parties and filed with the National Joint Adjustment Board at least twenty-four (24) hours in advance of the hearing.

(c). The National Joint Adjustment Board shall have the right to establish time limits which must be met with respect to each and every step or procedure contained in this Section. In addi tion, the Co-Chainnen of the National Joint Adjustment Board shall have the right to designate time limits which will be applicable to any particular case and any step therein which may be communicated to the parties by mail, facsimile or telephone notification.

(d). Unless a different date is agreed upon mutually between the parties or is directed by the unanimous decision of the National Joint Adjustment Board, all effective dates in the new agreement shall be retroactive to the date immediately following the expiration date of the expiring agreement.

SECTION 9. Employers not contributing to the Industry Fund of the United States (LFUS) will be assessed a fee to be determined periodically by the Administrator of the National Joint Adjustment Board. Proceeds will be used to reimburse IFUS for costs of arbitration under the provisions of Article X.

SECTION 10. In addition to the settlement of disputes provided for in Sections I through 8 of this Article, either party may invoke the services of the National Joint Adjustment Board to resolve disputes over the initial establishment of tenns for specialty addenda, if the provisions of Article X bave been adopted in their entirety, and without modification.

Such a dispute may be submitted upon tbe request of either party any time that local negotiations for such an agreement have been unsuccessful. Such a dispute shall be submitted to the National Joint Adjustment Board pursuant to the rules as established and modified from time to t ime by said Board. The unanimous decision of said Board shall be final and binding upon the parties. There shall be no strike or lockout over such a dispute.

SECTION 11. In administering and conducting dispute resolution activities under the arbitration procedures of the Standard Fonn of Union Agreement, the National Joint Adjustment Board, the Sheet Metal Workers' International Association, the Sheet Metal and Air Conditioning Contractors' National Association, Inc., and their representatives, are functioning as arbitrators and not as tbe representative of any entity that is party to such dispute. Therefore, they shall enjoy all of the rights, privileges, and immunities afforded to arbitrators under applicable law.

ARTICLE XI

SECTION 1. All duly qualified apprentices shall be under the supervision and control of a Joint Apprenticeship and Training Committee composed of an equal number of trustees, half of wbom shall be selected by the Employer, and half by the Union . There shall be a minimum of 4 trustees. Said Joint Apprenticeship and Training Committee shall formulate and make operative such rules and regulations as they may deem necessary and which do not conflict with the specific terms of this Agreement, to govern eligibility, registration, education, transfer, wages, hours, working conditions of duly qualified apprentices and the operation of an adequate apprentice system to meet the needs and requirements of the trade. Said rules and regulations when formulated and adopted by the parties hereto shall be recognized as part of this Agreement.

SECTION 2. The Joint Apprenticeship and Training Committee designated herein shall serve for the life of this Agreement, except that vacancies in said Joint Apprenticeship and Training Committee caused by resignation or otherwise, may be filled by either party hereto, and it is hereby mutually agreed by both parties hereto, that they will individually and collectively cooperate to the extent that duly qualified apprentices be given every opportunity to secure proper technical and practical education experience in the trade, under the supervision of the Joint Apprenticeship and Training Committee.

(a). The parties will review the needs for specialized and skill-upgrade training and cooperate to establish necessary programs which will then be supervised by the Joint Apprenticeship Training Committee.

9

SECTION 3. It is the understanding of the parties to tbis Agreement that the funds contributed by signatory Employers to the International Training Institute and any Local Joint Apprenticeship and Training Fund (Local JA TC) will not be used to train apprentices or journeymen who will be employed by employers in the Sheet Metal Industry not signatory to a collective bargaining agreement providing for contributions to the International Training Institute and a Local JATC. Therefore, the trustees of the International Training Institute and Local JATC shall adopt and implement a Scholarship Loan Agreement Program which will require apprentices and journeymen employed by signatory Employers to repay the cost of training either by service following training within the union sector of the industry or by actual repayment of the cost of training if the individual goes to work for a non-signatory Employer in the Sheet Metal Industry. The cost of training shall include the reasonable value of all International Training Institute and Local JATC materials, facilities and personnel utilized in training. If a Local JATC does not implement the Scbolarship Loan Agreement, the Local JATC shall be prohibited from utilizing International Training Institute materials and programs.

SECTION 4. It is hereby agreed that the Employer shall apply to the Joint Apprenticeship and Training Committee and the Joint Apprenticeship and Training Committee shall grant apprentices on the basis of one (1) apprentice for each three (3) journeymen regularly employed throughout the year. Provided, however, an Employer will not be entitled to a new apprentice if the Employer has an apprentice on layofffor lack of work.

SECTION 5. Each apprentice shall serve an apprenticeship of up to five (5) years and such apprentices shall not be in charge of work on any job and shall work under the supervision of a journeyman until apprenticeship terms have been completed and they have qualified as journeymen.

SECTION 6. A graduated wage scale similar to that shown below, based on the journeyman wage rate, shall be established for apprentices. The scale may vary based on local market conditions and recruiting requirements. (See Addendum No. 29)

First year -First half 40%-Second half 45% Second year-First half 50%-Second half 55%

Third year -First half 60%-Second half 65% Fourth year -First half 70%-Second half 75% Fifth year (where applicable)- First half 80% - Second half 85%

This Section shall not have the effect of reducing the wage progression schedule of any apprentice who was indentured prior to the effective date of this Agreement.

SECTION 7. The parties will establish on a local basis the SMWIA Youth-to-Youth program (the program) and the procedures to enable all apprentices to participate in the program. The activities of the program that deal with organizing and other traditional union activities shall be funded by the Local Union through a checkoff in compliance with the provisions of Section 302(c) of the Labor-Management Relations Act of 1947. Activities that may be funded by Employer contributions sball be so funded if, and to the extent, the parties shall agree locally to sponsor and implement the same.

SECTION 8. The parties agree that concentrated apprenticeship training is preferable to night-schooling and urge the Joint Apprenticeship and Training Committee to implement concentrated training during the term ofthis Agreement.

The parties recognize that previous experience in the industry can be considered when evaluating and placing sheet metal workers into the apprenticeship program and the JATC shall work cooperatively with the parties in establishing standards for placing employees into the program. The parties shall also address the need to provide continuity in health care for those workers entering the program with prior experience in the industry.

SECTION 9. The parties agree that career-long skill upgrade training is necessary for an effective workforce and agree to undertake those measures available to them to encourage continuing training for sheet metal journeymen.

ARTICLE XII

SECTION 1. It is hereby agreed that the Employer may apply to the Joint Apprenticeship and Training Committee and the Joint Apprenticeship and Training Committee shall grant preapprentices on the basis of one (1) preapprentice for each three (3) apprentices employed by the Employer. Provided, however, that an Employer who employs one (I) or more apprentices and at least three (3) sheet metal journeymen shall be entitled to at least one (1) preapprentice. Any apprentice of the Employer on layoff at the effective date of this Agreement must be rehired before said Employer is entitled to any preapprentice. Thereafter, the same conditions and ratios shall apply.

10

In the event the Employer is entitled to employ a preapprentice and the Union fails to comply with the Employer's written request to furnish a preapprentice within forty-eight (48) hours, the Employer may hire such employees and refer them to the Joint Apprenticeship and Training Committee for enrollment.

Preapprentices shall be enrolled as applicants for future openings in the apprenticeship program. The Joint Apprenticeship and Training Committee shall evaluate the qualifications of preapprentices for such openings during the flfSt year of employment. No preapprentice shall be retained beyond one (I) year unless the preapprentice has been found to be qualified as an applicant.

Tbe wage scale for preapprentices shall be a minimum of thirty percent (30%) of the wage rate for journeymen sheet metal workers. Health and welfare coverage shall be arranged on behalf of the preapprentices by the parties.

Pension contributions will be paid on all hours worked beginning with the first payroll period after 90 days in the amount of five percent (5%) of the journeyman pension fund contribution, to the next whole cent, or a minimum of twelve cents ($0 .12) per hour, wh ichever is greater, for each hour worked on or after the effective date of this agreement. The parties shall make all necessary arrangements so that any preapprentice being reclassified shall experience no break in benefits coverage.

ARTICLE XIII

SECTION I. Classified workers may be employed in the following ratio:

A. one (I) classified worker for any Employer who employs an apprentice; B. two (2) classified workers for any Employer who employs at least three (3) apprentices; C. thereafter, the ratio will be one (I) classified worker for each additional three (3) apprentices employed.

Classified workers may perform any work covered by Article I of which they are capable and will work under the general direction of a journeyman. The wage rate for classified workers will be not less than forty percent (40%) of the journeyman wage rate. They shall be covered by the local health and welfare plan. Pension contributions shall be the same percentage as their wage rate.

In the event the Employer is entitled to employ a classified worker and the Union fails to comply with the Employer's written request to furnish a classified worker within forty-eight (48) hours, the Employer may directly hire such employees, and refer them to the Union.

ARTICLE XIV

SECTION I. SMACNA and the SMWlA are committed to promoting productive and cooperative labor-management relations. In furtherance of this goal, the local Employers' association and local Union agree to establish a lahor-management committee which shall meet on a regular basis, but not less often than quarterly, to discuss industry issues of mutual concern. Such committees will strive to improve communications, understand and respond to industry direction and trends, and resolve common issues collaboratively.

ARTICLE XV

SECTION I. [n applying the terms of this Agreement, and in fulfilling their obligations thereunder, neither the Employer nor the Union will discriminate in any manner prohibited by law.

1\

ARTICLE XVI

SECTION I. This Agreement and Addenda Numbers one (I) through thirty-two (32) attached hereto shall become

effective on the ~day of May, 2016 and remain in full force and effect until the 30th day of April, 2021,

and shall continue in force from year to year thereafter unless written notice of reopening is given not less than ninety (90) days prior to the expiration date. In the event such notice of reopening is served, this Agreement shall continue in force and effect until conferences relating thereto have been terminated by either party by written notice, provided, however, that, if this Agreement contains Article X, Section 8, it shall continue in full force and effect until modified by order of the National Joint Adjustment Board or until the procedures under Article X, Section 8 have been otherwise completed.

SECTION 2. If, pursuant to federal or state law, any provision of this Agreement shall be found by a court of competent jurisdiction to be void or unenforceable, all of the other provisions of this Agreement shall remain in full force and effect. The parties agree to meet and negotiate a substitute provision. If negotiations are unsuccessful, the issue ~ be submitted for resolution by either party pursuant to Article X, Section 8 of this Agreement.

SECTION 3. Notwithstanding any other provision of this Article, or any other Article of this Agreement, whenever an amendment to the Standard Form of Union Agreement shall be adopted by the sponsoring national associations, any party to this Agreement, upon the service of notice to all other parties hereto, shall have this Agreement reopened thirty (30) days thereafter, for the sole and only purpose of attempting to negotiate such amendment or amendments into this Agreement for the duration of the term hereof. There shall be no strike or lockout over this issue.

SECTION 4. Each Employer hereby waives any right it may have to repudiate this Agreement during the term of this Agreement, or during the term of any extension, modification or amendment to this Agreement.

SECTION 5. By execution of this Agreement the Employer authorizes Central New York Sheet Metal Contractors Association Inc. to act as its collective bargaining representative for all matters relating to this Agreement. The parties agree that the Employer will hereafter be a member of the mUlti-employer bargaining unit represented by said Association unless this authorization is withdrawn by written notice to the Association and the Union at least one hundred and fifty (150) days prior to the then current expiration date of this Agreement.

In witness whereof, the parties hereto affix their signatures and seal this 1~ day of May, 2016.

TillS STANDARD FORM OF UNION AGREEMENT HAS PROVIDED FOR THE INCLUSION OF PREAPPRENTICES AND A REDUCTION OF THE WAGE SCHEDULE FOR NEW APPRENTICES. THE PURPOSE OF TillS IS TO MAKE CONTRACTORS MORE COMPETITIVE WITH NON-UNION COMPETITION. TO ACHIEVE THAT OBJECTIVE EMPLOYERS AGREE TO MINIMIZE MULTIPLE MARKUPS.

The Standard Form of Union Agreement is a recommended contract form that is revised from time to time by the Sheet Metal Workers ' international Association and the Sheet Metal and Air Conditioning Contractors' National Association, lnc. In establishing such a recommended contract form, neither the Sheet Metal Workers' lnternational Association, nor the Sheet Metal and Air Conditioning Contractors' National Association lnc. has acted as the bargaining representative of any entity that may adopt all or part of the language of the Standard Form of Union Agreement. ' Furthermore, neither the Sheet Metal Workers' lnternational Association nor the Sheet Metal and Air Conditioning Contractors' National Association, lnc., shall be deemed to be a party to any such collective bargaining agreement including such language.

Central New York Sheet Metal Contractors Association lnc.

By ----+k-=~_=:_=;-'!E.I==:.----='===::~=-=· =<-:><=--,--v---<./,---=--:-__ (Signature of Officer or Representative)

Local Union No. 58 of Sheet Metal Workers' International

12

JURISDICTION COUNTIES Cayugo, Chenango, Cortland, Herkimer,

Jeffers.on, Lewis, Modison, Oneida, Onondaga, Oswego, St. lawrence

Anthony M. Castrello Business Manager

Financial Secretary-Treasurer

Journeyman Rate*

Health & Welfare

Retirement F\llld

National Pension

Education F\llld

National Benefit F\lllds

Local Industry

National Industry

SASMI**

Total Package

Office: 301 PULASKI STREET, SYRACUSE, N. Y. 13204 Office Phone: (315)472·4411

5/01 /16 to 4/30117

$ 27.46 $ 28.46*

$ 6.50

$ 2.80

$ 8.41

$ .65

$ .18

$ .15

$ .12

$ 1.36

$47.63

Office Fax: (315)472·4413

~40

WAGE AND FRINGE PACKAGE EFFECTIVE 511116 THRU 4/30/21

5/01117 to 4/3 0/18

$ 27.46 $ 28.46*

$ 6.88

$ 2.80

$9.00

$. 65

$. 18

$ .16

$ .12

$ 1.38

$48.63

5/01118 to 4/30/19

$ 1.00 to be alloc.

$ .17

$49.63

5/01 /19 to 4/3 0/20

$ 1.00 to be alloc.

$50.63

DEDUCTIONS FROM WAGES AFTER TAXES ARE AS FOLLOWS:

Joumeyman-$ .02

AFFILIATED WITH, Central-Northern Building T rodes Council

Finger lakes Bu ilding Trades Council NY Siale Building Trades Council

N.Y. Stote Council S.M.W.I.A. Production Workers Sign Council S,M:W,IA

Greater Syracuse lobor Council Centro I New York Labor Federation

NY Stote AFl-CIO

Michael P. Moran Business Representative

5/01120 to 4/30/21

$ 1.00 to be alloc.

$51.63

Pal Deduction Total $ .02 per hour

Working Dues Assessment - Journeyman $2.19 Per Hour Worked

*

**

Rate applies on all projects in which the total of Sheet Metal Work Contracts related to the project exceeds $10,000,000.00

Sasmi is calculated at 3% of wages + H & W + NPF + Retirement F\llld.

***SHIFT WORK

(1) The regular wage rate plus fifteen percent (15%) of said rate for eight (8) hours work on the second shift.

(2) The regular wage rate plus twenty-five percent (25%) of said rate for eight (8) hours work on the third shift.

(3) Any hours worked past 12 :00 midnight during the regular work week, regardless of the shift number and not exceeding eight (8) hours work overall, shall be paid at the rate of regular wage rate plus twenty-five percent (25%).

Addendum No.3 Mileage Rate $.38 per mile Free zone 50 miles

Addendum No.4 Travel Expense Rate $.38 per mile

Addendum No.5 Room & Travel Based on 5 days per week

Zone 1 51 to 100 Miles Rate $18.00 per day Zone 2 Over 100 Miles Rate $80.00 per day

In addition all days worked Saturday, Sunday, and holidays which fallon the weekend must be paid at the applicable rate:

Addendum No.8

Designation

Shop Foreman Ass't Shop Forman Field Foreman General Foreman Additional Foreman Chief Draftsman General Forman Foreman Shop Foreman

Foreman's Rates

Local No. 58 Members

1 to 4 Men 5 Men & Over 4t07Men 8 to 11 Men on to Multiple of 4

Amount over Journeyman Rate

$2.00 per hour $1.50 per hour $1.40 per hour $2.25 per hour $1.40 per hour $1.35 per hour $2.25 per hour $1.40 per hour $2.00 per hour

This is merely a wage and fringe rate sheet furnished to all contractors for immediate guidance. The new contract and its addenda will be forwarded to you as soon as it is available.

All hiring will be done through the Syracuse office of Local 58, party to contact is:

Central New York Sheet Metal Contractors Association Inc.

By:

Anthony M. Castrello 301 Pulaski Street Syracuse, NY 13204 Phone: 315-472-4411

Anthony M. Castrello Sheet Metal Workers International

Agreed to by: ____________________________________________________________ __

Company Name: ____________________________________________________________ ___

SHEET METAL WORKERS LOCAL NO.58 - SYRACUSE, NY APPRENTICE WAGES AND FRINGE BENEFITS - 5/1/2017- 4/30/2018

HEALTH RETIRE NATL EDUC BASE & ~LENT PENS ATION NATIONAL

CLASSIFICATION RATE WELFARE FUND FUND FUND BENEFITS

APPRENTICE

40% $10.98 $ 6.61 $3 .60 $ .65 $ .18

45% $12.36 $ 6.61 $4.05 $ .65 $ .18

50% $13.73 $ 6.61 $4.50 $ .65 $ .1 8

55% $15.10 $ 6.61 $4.95 $ .65 $ .18

60% $16.48 $ 6.6 1 $5.40 $.65 $ .18

65% $17.85 $ 6.61 $5.85 $ .65 $ .18

70% $19.22 $ 6.61 $1.00 $6.30 $ .65 $ .18

75% $20.60 $ 6.61 $1.00 $6.75 $.65 $ .18

80% $21.97 $ 6.61 $1.00 $7.20 $.65 $ .18

85% $23.34 $ 6.61 $1.00 $7.65 $ .65 $ .18

DEDUCTIONS FROM WAGES AFTER TAXES ARE AS FOLLOWS:

Pal Deduction Total

$ .02 $ .02 per hour

Working Dues Assessment - Apprentice 5% Weekly Gross Wages

LOCAL NATIONAL SASMI TOTAL INDUSTRY INDUSTRY FUND· PACKAGE

$ .16 $ .12 $ .64 $22.94

$ .1 6 $ .12 $.69 $24.82

$ .16 $ .12 $.75 $26.70

$ .16 $ .12 $ .80 $28 .57

$ .1 6 $ .12 $ .85 $30.45

$ .16 $ .1 2 $.91 $32.33

$ .16 $ .12 $.99 $35.23

$ .16 $ .12 $1.05 $37.12

$ .16 $ .12 $1.10 $38.99

$ .16 $ .12 $1.16 $40.87

PAL WORKING FUND ASSESS~LENT

(DEDUCn (DEDUCT)

$ .02 $ .55 (5%)

$ .02 $ .62 (5%)

$ .02 $ .69 (5%)

$.02 $ .76 (5%)

$ .02 $ .82 (5%)

. $ .02 $ .89 (5%)

$ .02 $ .96 (5%)

$.02 $1.03 (5%)

$.02 $1.10 (5%)

$.02 $1.l7 (5%)

• SASMI FUND CONTRlBUTION IS CALCULATED AT 3% OF WAGES + HEALTH AND WELFARE + NATIONAL PENSION FUND + RETIREMENT FUND

ADDENDA TO AGREEMENT

TABLE OF CONTENTS ADDENDA NO. PAGE

Minimum Rate of Wages ............ , ...... ...... .... ........ .. .... ...... .. ................. .... ...... 2

2 (a) Welfare Fund Contributions .. .................................................................. 2 (b) Collection Procedures For All Fringe Benefits .... ... ...... ..... ......... .. .. ..... ... 3 (c) Bonding Requirements For All Fringe Benefits ................ .. ........ ............ 4

3 Mileage .................. ...... ... ................ .......................... ....... ... ..... .... ... .... .......... 4 4 Travel Expense .................. .... ... ..... .... ........ .... ... ...... ... .. .... .......... .... ...... ........ .. 5 5 Room and Board ..................... .................. .. ... .... ....... ............. ..... ..... ... ........... 5 6 Show-Up Pay ... .. .................. ......... ............. . ~ ........ .... ... .. ... ... .......... ...... ......... .. 6 7 Time and One-Half For TraveL ................... ... ......... ..... ... ..... ....................... 6 8 Foreman's Designation and Rates of Pay ...................................................... 6 9 SMW 58 Retirement Fund and National Pension Fund ..................... ....... .... 6 1 0 Vacation Fund Deduction ........................................................... ................... 7 11 Stewards ...... ......................................... ........... ................. ... ............ ...... ......... 7 12 Respecting Picket Lines ................................ ............. ... ........................ ....... .. 7 13 Education and Training Fund ........................................................................ 8 14 Joint Committee ......................... .. ............................ ... .. ........................ .. .. ..... 8 15 Reassignment of Wage Increases to Fringes ................................ .. ... , ........... 8 16 Pre-Job Conference ... ................... ............................................... ......... .. ....... 8

17 (a) Inclusion of Craft Jurisdiction Definition ................................................ 8 (b) Electric Systems ... .................................. ..... .. ......... .............. ........ ............ 9

18 Grievance Procedure Not applicable To Wages or Fringes .................. .. .. .. ... 10 19 Residential Agreement Attached ............................................................ .. ..... 10 20 Attached Form Honored for Vacation Fund, Dues or Work Assessment... ... l0 21 Referral Hall ........................... .............. .. ....... ... .......... ......... .......... ... ... .. .. ....... 1 0 22 Audit of Employers ' Books ........................................................................... 10 23 National Stabilization Agreement of Sheet Metal Industry ........................... 1 0 24 Shift Work .................................. .. .... .................... ... ...................... ..... ... ........ . 11 25 Dues Deduction ................ ... ....... ......... ................... ....... ..... ........ ............. .. .. .. . 11 26 Overtime-Article Vr. ..... ... .......... ... ... .......... .... ................................................ 11 27 O.S.H.A ....... ..... ......... ... ... ... ............................. ............................................... 11 28 Non-Discrirnination .......................... ..... ... ..... ..... ........ .. ...... .......... ...... ... ..... ... 11 29 Apprentices ............ : ................... ...... ..... ........ ... ....... ... ... .. ............... .... ... .... ..... 11 30 Most Favored Nations ................ ... .. ....................................... .. ......... .. ........... ll 31 Pre-apprentice Ratio ................... ...... ..... ..... .. .......... ........... ............................. 12 32 Recognized Holiday - Article VI, Section 2 .. .. .......... .. .................................. 12

ADDENDA TO AGREEMENT

The following addenda modify and supplement the STANDARD FORM OF UNION AGREEMENT A-OlOS-executed May 1, 2016.

NO.1 (a) the minimum rate of wages referred to in Article VIII, Section 1, and the wage scale (total package), shall be as follows, scheduled on a per hour basis:

Wage Total Wage Total Rate Package Rate* Package*

5/1/16 to 4/30/17 $27.46 $47.63 $28.46 $48.63

5/1 /17 to 4130/18 $27.46 $48.63 $28.46 $49.63 $1.00 to be $1.00 to be

5/1/18 to 4/30/19 Allocated $49.63 Allocated $50.63

$1.00 to be $1.00 to be 5/1/19 to 4/30/20 Allocated $50.63 Allocated $51.63

$1.00 to be $1.00 to be 5/1/20 to 4130/21 Allocated $51.63 Allocated $52.63

*(1) On all projects in which the total of all sheet metal work contracts related to the project exceeds $10,000,000.00 the rate will be $1.00 more per hour.

(b) Modify Article VIII, Section 9 as follows: Wages at the established rates specified herein shall be paid in the shop or on the job, and the employer may withhold up to but not more than four and one-half (4 \1,) days' wages, payable by Friday before 12:00 noon. However, employees when discharged or laid off shall be paid in full.

(c) Article VI, Section 1 is modified as follows: The regular work week shall consist of eight (8) hours per day and forty (40) hours per week, between the hours of 7:00 a.m. to 4:30 p.m. (unless otherwise approved by the Union Business Manager), beginning with Monday and ending with Friday of each week. In an eight (8) hour work period a fifteen minute coffee break is allotted.

(d) It is stipulated that no shorter work week will be instituted without the consent of, and after consultation with, the Union Business Manager.

(e) SFUA A-OI-05, Article VI, Section 1 is modified as follows: Sunday and recognized holidays may not be scheduled as a make-up day. All work performed on these days shall be paid at the double time rate.

NO.2. (a) Effective 5/1/16, Welfare Fund Contributions shall be paid at the rate of Six Dollars and Eighty Eight cents ($6.88) per hour for all hours worked by Journeymen and Six Dollars and Sixty One cents ($6.61) per hour for Apprentices. This payment shall be made to Sheet Metal Workers Local Union 58 Welfare Fund. Contribution rates may increase during the term of this agreement, as monies are allocated each year.

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(b) COLLECTION PROCEDURES FOR ALL FRINGE BENEFITS: All Employer contributions to the respective Funds that are set forth in this Agreement (Health, Welfare, Pension, Education Fund, SASMI, and any other fringe benefits), shall be made monthly and shall be due and payable no later than the 15 th of the following month, and upon remittance forms furnished by said fund.

These Funds shall be administered pursuant to provisions of Agreements and Declarations of Trust, rules and regulations, established by the various Trustees and shall be in compliance with the Requirements of State and Federal laws governing and regulating such Trust.

The parties of this Collective Bargaining Agreement hereby agree that the signing of this Agreement shall constitute an obligation to be bound by the terms and conditions, rules and regulations of said Agreements and Declarations of Trust as if said Agreements and Declarations of Trust were fully set forth herein and made a part hereof.

The failure of any employer party to this Agreement to make proper and timely reports and contributions to the Funds shall not relieve any other employer from reporting and making contributions to these funds.

It is further agreed that any employer becoming delinquent in reporting and paying contributions due said Funds shall in addition to being liable for the amount of the delinquency, pay ten percent (10%) as and for liquidated damages, together with all expenses and costs incurred by the Trustees for the collection of said amount including legal fees of fifteen percent (15%) of the amount of the delinquency for any necessary legal services of the Fund's attorneys.

Should any delinquent employer' s failure to report and make contributions to the Fund require an audit of his payroll records for the purpose of either ascertaining said employer's indebtedness or for the purpose of crediting his employees for the hours of work; such employer agrees to pay the cost of such an audit by a certified or licensed public accountant certified by the Trustees.

The Trustees may at any time check and examine the payroll records of any employer covered by this Agreement at any reasonable time at no charge to the employer, but in the event that such payroll check or examination discloses that the employer has not complied with its provisions of the Agreement and Declarations of Trust, said employer shall pay the cost of the payroll check or examination.

Notwithstanding any provision herein contained or contained in the entire Agreement, it is further agreed that the Union shall have the unequivocal right, when any Employer shall become delinquent in contributions and remittances due to the said Funds, to declare this Agreement breached by any delinquent Employer and at the options of the Union this Agreement may be considered terminated. The Union may also have the option, with respect to any delinquent Employer, to withdraw the services of members in the collective bargaining unit from the said

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Employer or to strike or engage in a boycott with respect to any such delinquent Employer. In the event that the Union exercises its option in any manner under the provisions of this Addendum, the Employers agree, that as additional liquidated damages, the delinquent employer shall pay each of said delinquent Employers' employees represented by the Union said employees' regular rate of pay for all time lost from work as a result of action taken by the Union for the purpose of recovering delinquent contributions and remittances due the Funds.

The parties further agree that any action exercised by the Union and granted in this Addendum with respect to delinquent Employer(s) shall not constitute a violation of any "no strike" provisions or clauses contained in this Agreement and the employer and the employees hereby waive any and all rights under this Agreement with respect to action against the Union or its Funds, before any State or Federal agency, tribunal or court. It is expressly agreed herein that the use of the grievance and arbitration machinery set forth in this contract are waived by any such aforementioned delinquent employer.

It is agreed that to assure an orderly and equitable procedure for the collection of employer contributions that the following shall apply:

(1) Employers shall pay its contribution payment no later than the 15th day of the following month. If the employer fails to pay by that date, the employer shall be notified of his obligation to make such payment, and

(2) Employer contributions received by the Fund Office anytime prior to the 30th of that month shall not pay the 10% liquidation damages, and

(3) Employer contributions received subsequent to the 30th of the month shall be subject to the 10% liquidated damages clause, and

(4) An employer in default as of the 15th ofthe next month shall be liable for the strike action referred to above together with the other collection remedies and damages .

It is the express agreement and understanding that any action with respect to delinquent employers as set forth and provided for in this article is in recognition and for the purpose of protecting the rights of employees in the collective bargaining unit, their families and families and beneficiaries of said Funds.

(c) Bonding requirements For All Fringe Benefits: Each contractor must post a $10,000.00 bond with Local No.58 S.M.W.I.A. to secure payment of fringe benefit contributions. Alternatively, the Union may waive this bonding requirement provided that the Contractor remains current with the payment of monthly fringe benefit contributions.

NO.3. - Mileage (a) "Mileage" (transportation cost) shall be paid at the rate of thirty-eight cents ($ .38) per mile to each employee on all jobs requiring transportation outside the "Free Zone" if transportation is not provided by the Employer. The "Free Zone" shall consist of a zone

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within a fifty (50) mile distance from each Employer' s shop as measured by odometer. No "mileage" will be paid by the Employer for travel within the "Free Zone". When travel is required beyond the "Free Zone" then the "mileage cost" shall be paid at the rate of Thirty - eight cents ($ .38) per mile starting at the 51 st mile from the shop to the job site. The above-referenced Thirty-eight cents ($ .38) per mile is the rate which "mileage expense" is figured during working hours.

(b) With respect to out-of-town contractors, the starting point for the determination of the "Free Zone" and for "mileage" and "travel expenses," calculation shall be from the Local No. 58 Union Hall.

NO.4. "Travel Expense" shall be paid, in addition to "mileage" at the rate of Thirty-eight cents ($ .38) per mile to each employee on all jobs requiring travel before 8:00 a.m. or after 4:30 p.m., outside the "Free Zone" (as defined in Addendum #3). His transportation expense is then computed on the basis of Seventy-six cents ($ .76) per mile (Thirty-eight cents [$ .38] " mileage expense" and Thirty-eight [$ .38] cents per mile "travel expense").

NO.5. - ROOM AND BOARD Room and Board shall be on a two zone system and paid on a five day basis including six celebrated holidays in accordance with Article VI, Section 2 of the Standard Form of Agreement whether worked or not as follows:

Zone I - For Multi-Day Jobs - Room and Board of$18.00 per day from the Employer's Shop 51 to 100 miles. The employer shall have the option to pay mileage and travel expenses on a round trip basis or room and Board with one trip to the job site at the beginning of the job and one trip back at the end of the job.

For single day jobs the employer shall pay on a mileage and travel basis job to job.

Zone 2 - Over 100 miles - Room and Board rate are $80.00 per day (same basis as above).

The room and board rates payable as above stated shall be paid to employees for each day worked and for each day the employee remains on the job and is prevented from working through no fault of his own including holidays celebrated in accordance with this agreement during the work week. The employers' expenses shall be limited to a maximum of the five (5) days during the regular work week. In addition, all days worked on Saturdays, Sundays and Holidays which fall on a weekend must be paid at the applicable zone rate.

The Employer shall not be required to pay Room and Board for any day the Employee deliberately absents himself from the job. The Employer shall pay Room and Board, mileage and travel expenses in advance on all Room and Board jobs except where he agrees to pay wages in cash by quitting time on Friday and should withhold no more than two (2) days' wages. (An Employer may never withhold any Room and Board, mileage anlor travel expenses). (See Addendum I as to right to pay by check).

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NO.6. Article VIII, Section 10, is amended as follows: If an employer or his duly authorized representative fails to notify an employee not to report to work the following regular work day by at least 3:30 p.m., of the previous working day, the employer shall be required to employ or pay the employee two (2) hours' wages at the prevailing rate of wages provided said employee reports for work. This provision, however, shall not apply under conditions over which the employer has no control.

NO.7. Article VII, is amended as follows: If an employee is furnished a vehicle for transportation by the Employer and the traveling is done before or after the regular working hours, the employee driving shall be paid for such traveling at one and one-half times the rate. Any employees who are passengers in the company vehicle and traveling is done before or after regular working hours shall be paid travel expense at a rate of $.38 per mile for all the travel outside the "free zone" (as defmed in Addendum #3).

NO.8. Foreman' s designations and rates of pay shall be as follows:

(a) Each employer doing work in the jurisdiction of Local No. 58 shall be required to designate Journeymen as foreman in accordance with the addendum. These foreman ratios and requirements apply to Local No. 58 members only, and shall not be diminished by the presence of foreman or employees who have traveled into Local No. 58 from the employer's home jurisdiction.

(b) In the fabrication shops requiring one (J) to four (4) men including apprentices, the Shop Foreman's rate shall be Two Dollars ($2.00) an hour above the regular rate. If five or more men are employed on shop fabrication then, an assistant shop foreman shall be employed and his rate shall be One Dollar and Fifty cents ($1 .50) an hour above the regular rate.

(c) On Field jobs requiring four (4) to seven (7) men including apprentices, the Job Foreman' s rate shall be One Dollar and Forty cents ($1.40) an hour above the regular rate.

(d) On Field jobs requiring eight (8) to eleven (II) men including apprentices, a General Foreman shall be appointed and his rate shall be Two dollars and Twenty Five Cents ($2.25) an hour above the regular rate.

(e) There shall be a foreman appointed for the employer's first four (4) to seven (7) employees. There shall be a General Foreman appointed in addition to the foreman where there are eight (8) to eleven (11) employees. There shall be another foreman appointed with the addition of the twelfth employee and another with the sixteenth employee, etc., as the number of employees increases by four (4). The term employee(s), as used in this section, shall include apprentices.

(1) All shops employing draftsmen shall designate one as a Chief Draftsman and his rate of pay shall be one dollar and thirty-five cents ($1.35) over the regular rate.

Sasmi contributions on foreman rates will be the responsibility of the contractor.

NO.9. The employers shall make payments to the Sheet Metal Workers Local 58 Retirement Fund, and the National Pension Fund on behalf of all employees covered by this Agreement on all hours as follows:

Nine Dollars ($9.00) per hour for Journeyman to the Sheet Metal Workers' National Pension Fund. The Apprentice contribution rate shall be a percentage of the Journeyman contribution equal to the

percentage of Apprentice wages.

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Two Dollars and Eighty cents ($2.80) per hour for Journeyman, to the Sheet Metal Workers Local No.58 Retirement Fund. No monies shall be contributed to the Local Retirement Fund on behalf of Apprentices whose wage level is 40% - 65%. One Dollar ($1.00) per hour shall be contributed for Apprentices at the 70% (6000 hour) level, and continuing for the remainder of their Apprenticeship.

Contribution rates may increase during the term of this agreement, as monies are allocated each year.

NO. 10. The Employers shall deduct from wages, after taxes, two cents ($.02) per hour worked by all Journeyman employees covered by this Agreement and pay the deducted amount each month to the Local Union 58 PAL Escrow Account for distribution to the PAL Fund. On apprentices the PAL Fund deduction shall be two cents ($.02) per hour.

It is understood by the parties that the aforesaid deductions must be authorized by each individual employee on whose behalf the deduction is made.

NO.H. A Shop or Job Steward shall be a working employee appointed in all shops and on all jobs by the Business Manager of the Union who shall in addition to his work as a Journeyman, be permitted to perform during working hours such of his Union duties as cannot be performed at other times. The Local Union shall notify the Contractor ofthe appointment of each steward.

Stewards shall observe conditions of employment and conduct of members to the end that the duties and obligations of members and the provisions of the existing Standard Form of Union Agreement and Addenda shall be complied with, and shall assist whenever possible in adjusting minor differences or misunderstandings which arise, but shall immediately notify the Local Union Office regarding interpretations or application of the provisions of existing Standard Form of Union Agreement in connection with the employment of members in shops or on jobs. Stewards shall not be discriminated against by the Contractor in the performance of the duties stated herein.

The employer shall notify the Local Union prior to terminating any Shop or Job Steward, provided said Employer has been notified of the Steward' s appointment as required above. The Employer agrees not to discriminate against any Steward because of the duties performed by the Steward as outlined in this Addendum. In any case a Steward's duties shall not be considered ajust cause for being laid off.

In all matters involving jurisdiction of work between trades the Steward will limit his actions to calling such matters to the attention of the Local 58 Business Representatives for resolvement.

NO. 12. The Union reserves the right on behalf of its individual member not to cross the picket line of either its own or any other union in the course of their employment, and it is further agreed that in the event that such member exercises his right to refuse to cross a picket line, no disciplinary action shall be taken by the employer against such member provided that such picket line is legally established in accordance with applicable Federal and State Laws.

NO. 13. The parties agree to establish an Education and Training Fund for the prime purpose of defraying the cost of Apprentice Training and Occupational Extension Courses for Journeymen to improve the

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Skills needed in the industry. A Declaration of Trust shall be drawn and Trustees representing the Employers and the Union in equal number shall administer the Education Fund.

Effective 5/1/16 the Employer shall contribute the sum of Sixty-five cents ($ .65) per hour to the Local Education Fund and the following sum to the National Benefit Funds of Eighteen cents ($ .IS) broken down as follows:

(a) Local 5S Education Fund Sixty cents ($ .60) Local 5S Youth to Youth ($ .05). This contribution is a result of a 5/]/91 allocation by the Local 5S membership and is remitted to the Education Fund for the Youth to Youth program.

(b) International Training Institute (IT!) twelve cents ($.12); National Energy Management Institute Committee (NEMIC) three cents ($.03); Sheet Metal Occupational Health Institute Trust (SMOHIT) two cents ($.02); Sheet Metal Workers International Scholarship Fund one cent ($.01)

The said contributions shall be submitted to the Local 5S Fund offices in such mode and manner as the Trustees shall decide. Contribution Rates may increase during the term of this agreement, as monies are allocated each year.

NO. 14. The parties to this Agreement agree to establish a joint committee (the Business Manager shall appoint the member(s) to represent the Union on the Committee) to meet periodically to discuss ways and means of improving conditions in the Sheet Metal Industry, and effecting an Equal Employment Opportunity Program. The Employers' committee shall be composed of three (3) members of the Association.

NO.IS. The Trustees must agree to reassign any part of the wage increases to an employer contribution status when and if the membership of the Union desires to improve the benefit level of its Welfare, Pension, and/or Retirement Plans.

NO.I6. The Business Manager and the Employer or his representative shall arrange for a Pre-Job Conference, to establish the scope and jurisdictional assigrunent of the work under contract before the work is started on the job, for all jobs in the jurisdiction Local 5S, as provided for in Article III, Section 1.

NO.I7. (a) It is expressly agreed and included herein, for the purpose of more specifically but not by any means a limitation, that the following supplement to Article I of the Standard Form of Union Agreement shall be amended to include the handling, setting, erecting, installation, assembling, dismantling, adjustment, alteration, reconditioning, repairing, and servicing of all fans, filters of all types, blowers, sheaves, belts and guards of all kinds, plenums including prefabricated insulated casings and air chamber panels, with or without other equipment, louvers, screens, registers, grilles diffusers or all kinds, including those in connection with lighting fixtures and ceilings, dampers of all kinds, sound traps, mixing boxes, attenuators of all kinds, access doors related to air handling systems, dryers, sprayers, power and gravity ventilators, acoustical material within duct work, dust collectors and recovery systems, breeching, hoods, convector and radiator and similar enclosures and covers, with or without backs, flexible tubing and connections thereto, and all such or similar equipment involved in or in any way related to air-handling systems and to all other sheet metal work covered by this Agreement and by the Jurisdictional claims of the Sheet Metal Workers' International Association.

The Employer shall exert every possible effort to secure all work included in and covered by this Agreement. If any Employer accepts any job by contract or otherwise, and all of the work included and covered by this Agreement or considered as normally part of the job involved is not covered by this Agreement and the

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Union shall be free to refuse to perform any work on or for any such job and should they refuse they shall not be in violation of this Agreement.

The work jurisdiction shall also be supplemented to include (l ') convector covers (one piece), (2) convector covers for continuous wall to wall and pilaster to pilaster, (3) high pressure unit.

Each contractor agrees that the following items shall also be included as part of the work jurisdiction of the Sheet Metal Workers and as a component part of the jurisdiction described in the Standard Form of the Union Agreement pursuant to an Agreement of record between the Sheet Metal Workers' International Association and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, dated August 31,1956, amended January 7, 1958. The January 7, 1958 Amendment was for the purpose of clarifying Section 1, Article II of the aforesaid Agreement which consists of three sketches, namely (I) convector covers (one piece), (2) convector covers which are for continuous wall to wall pilaster to pilaster, and (3) high pressure unit.

Each contractor agrees the following items shall be included as part ofthe work jurisdiction of the Sheet Metal Workers and as a component part of the work jurisdiction described in the aforesaid International Agreement:

I, Convector covers and backs 2. Dampers, all types, both manual and automatic 3. Air handling equipment, to provide the necessary labor for the erection of air handling

equipment 4, Louvers 5, Nesbitt bookcases or similar types 6, Ventilators

The Union agrees that notification of the above provisions shall be submitted to architects and engineers, Such notification shall be in writing.

(b) Electric Systems. I. On all jobs where Electric Systems are installed the bidding, assignment of work and securing of

all equipment under the Sheet Metal or Heating Contract shall be as outlined in No.17 (a) of this Addendum.

2. Each contractor shall secure jobs in this category as Prime Contracts whenever possible without exception.

3. If jurisdictional Agreements covering Electric Systems are in effect on a Local or National Level such agreements will be made available to all Contractors under this Agreement.

NO. 18. Nothing contained in Article X shall apply to any of the plain provisions of this Agreement specifically wage or Health and Welfare, Pension contributions, and other fringe benefit fund contributions, Union Security, and safety regulations made by the State and Federal Government for work of this type.

NO.19. This Addendum shall apply to residential Sheet Metal workers and is separately attached and signed separately by both the Union and the individual contractor where applicable.

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NO.20. The parties agree that the attached form shall be signed by the employees and honored by the employer with respect to after tax deductions from wages for the dues or work assessment.

NO.21. It is understood and agreed that with respect to the hiring of employees that the employer shall call the Union Business Manager at his office at Syracuse, New York, and give the Union the opportunity to supply such employees before seeking employees from other sources. Employers may request the referral of a specific member if the member has recently been employed by the employer and is currently receiving unemployment benefits which are being charged against the employer' s experience rating.

NO.22. It is understood and agreed that should the Local Union No. 58 suspect that there may be errors by an employer in payment of wages, fringes or other contract benefits, the Local Union No. 58 may demand and the employer will supply supporting evidence of substantial compliance in writing. The Local Union No. 58 will also have the right to audit the employer's job or shop employment and/or payroll records of Local 58 members only to establish compliance with contract requirements. If errors are found, whether under payment or overpayment, the Local Union No. 58 will not charge the employer for the cost of the audit.

NO.23 NATIONAL STABILIZATION AGREEMENT OF SHEET METAL

INDUSTRY APPROVED STANDARD COLLECTIVE BARGAINING CLAUSE

The undersigned Employer and Local Union agree as follows: The Employer shall make monthly payments of an amount equal to three (3%) of the gross earnings of each employee subject to this Agreement to the National Stabilization Agreement of Sheet Metal Industry (SASMI) Trust Fund. Gross earnings, for purposes of this Agreement, shall mean (a) total wages paid to an Employee by the Employer which are reportable by the Employee for Federal Income Tax purposes, and (b) any and all contributions paid by such Employer on behalf of the Employee to a pension and/or health and welfare fund.

The Employer agrees to adopt the National SASMI Trust as presently constituted and as the same may be amended from time to time, to be bound by all Rules and Regulations of the Plan as adopted by the Trustees, as presently existing and as the same may be amended from time to time, and to sign the Standard Participation Agreement prescribed by the Trustees as a condition of becoming a party to and participant of such Trust.

NO.24. SIDFT WORK It is agreed that when mutually agreed between the Contractor

and the Business Manager of the Union, a contractor may work on the basis of shift work for the period of time and rates agreed upon. If it is impractical for first shift to operate during regular working hours whi Ie in an occupied building, the Contractor and Business Manager or Business Agent can decide to delete the fust shift and start on second.

(a) In no event, however, shall the pay and hours for such work be less than:

(I) The regular wages rate plus fifteen percent (15%) of said rate for eight (8) hours work on the second shift.

(2) The regular wage rate plus twenty-five percent (25%) of said rate for eight (8) hours work on the third shift.

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(3) any hours worked past 12:00 midnight during the regular work week, regardless of the shift number and not exceeding eight (8) hours work overall, shall be paid at the rate of regular wage rate plus twenty-five percent (25%).

(b) Notification should be given 24 hours prior to shift work to employees and Business Manager.

NO.2S. DUES DEDUCTION It is agreed that at the request of the Union, the employer will honor a dues deduction authorization and check-off procedure which conforms with necessary legal requirements.

NO.26. OVERTIME Saturday night shift working after 12:00 midnight, and until 8:00 A.M. Sunday, shall be paid at the rate of 1 Y:. times the regular wage rate for both shop and field.

Sunday night shift working after 12:00 midnight, and until 8:00 A.M. Monday, shall be paid at the rate of 2 times the regular wage rate for both shop and field.

Sunday and Holidays shall remain double time.

NO.27. O.S.H.A. The Employer, Union and the Employees agree to abide by the provisions of the Occupational Safety and Health Act as to safety. The employer shall provide all necessary safety equipment including but not limited to: Welding Helmets, Welding Gloves, and Welding Jackets. The employer shall also provide for proper ventilitation and adequate heat in the fabrication shop.

NO.28 NON-DISCRIMINATION Both parties agree that there shall be no discrimination based on race, creed, national origin age or sex and that they shall abide by all Federal and State Laws and regulations governing such matters. The parties shall form a joint committee to assure fair employment practices.

NO.29. APPRENTICES A graduated wage scale for apprentices shall be established and maintained on the following percentage basis of the established wage rate of journeymen sheet metal workers: Hours 0-1 ,000 1,001-2,000 2,001-3,000 3,001 -4,000 4,001 -5,000 5,001 -6,000 6,001-7,000 7,001 -8,000 8,001-9,000 9,001-10,000 Attached is a complete schedule of Apprentice wages and Fringes.

Percentage 40% 45% 50% 55% 60% 65% 70% 75% 80% 85%

NO. 30. MOST FAVORED NATIONS If the Union enters into a collective bargaining agreement with another party that contains terms and conditions more favorable than those contained in this agreement, then the Employer may elect to adopt that other collective bargaining agreement, after notifying the Union.

NO. 31. PREAPPRENTICE RATIO The Employer may employ pre-apprentices on the basis of one (1) pre-apprentice for every two (2) Journeymen employed by said employer, provided said employer also employs apprentices according to the terms of his agreement based upon his normal average annual Journeyman employment, if apprentices are available in sufficient numbers. If sufficient apprentices are not available to the employer this provision shall not apply and the employer will be eligible for the above pre-apprentice ratio.

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employs apprentices according to the terms of his agreement based upon his normal average annual Journeyman employment, if apprentices are available in sufficient numbers. If sufficient apprentices are not available to the employer this provision shall not apply and the employer will be eligible for the above pre-apprentice ratio.

NO. 32. It is agreed that in the event a recognized holiday referred to in Article VI, Section 2 falls on a Saturday, the previous day, Friday, shall be observed as such holiday. In the event a recognized holiday falls on a Sunday, the following day, Monday, shall be observed as such holiday.

This Addenda is agreed to by the parties herein, with the understanding that said Addenda supplements and/or modified the Standard Form of Union Agreement executed on

IN WITNESS WHEREOF, the parties hereto affix their signatures and seal this

____ ~ls_t ____________________ ,dayof ______ ~M~ayL_ ________ ~ ____________ ~2~OI~6~.

CENTRAL NEW YORK SHEET METAL CONTRACTORS' ASSOCIATION, INC.

Signature of Officer or Representative of Association of Contractor

LOCAL UNION NO.58 OF SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION

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Signature of Officer or Representative

Addendum No. 33

Addendum to CBA Adopting 2011 Alternative Schedule

The Parties, after due negotiation, hereby adopt the following Addendum to the Standard Form of Union Agreement between Central New York Sheet Metal Contractors Association, Inc. and Local Union No. 58 of Sheet Metal Workers' International Association of Sheet Metal, Air, Rail and Transportation Workers May 1, 2016 - April 30, 2021 (the "Agreement"):

This Article/Section relates to the Employer's obligation to contribute to the Sheet Metal Workers' National Pension Fund ("NPF" or "Fund"). The Parties have adapted the NPF's Alternative Schedule and the Employer agrees to contribute consistent with the timing and amount of the Contribution Rate increases established in this Agreement and as required under the Alternative Schedule as amended from time to time. The Alternative Schedule and the Fund's Trust Document are incorporated into, and form part of, this Agreement. The Employer will increaSe its NPF Contribution Rate on or before the date, and in the amounts, required in the Alternative Schedule.

1. For the duration of this Agreement and any renewals or extensions thereof, the Employer will contribute to the NPF the negotiated rate per this Agreement and as required by the Alternative Schedule in effect at the time the increases are due, for each hour or part of an hour for which an Employee covered by this Agreement receives the basic hourly wage rate. Contributions for those hours paid at time and one half or double time rates will be made to the Fund at one and one-half (1 \I,), or two (2) times the hourly Contribution Rate respectively, unless contributions for all other funds in this Agreement are limited to straight time contributions for all hours worked. Contributions are required for vacation time, sickness, absences, and other hours for which payment is made to the employees under this Agreement unless no funds under this Agreement require payment for hours for which a Covered Employee is paid but does not perform services.

2. Contributions shall be paid starting with the employee's first day of Covered Employment (as defmed in the Plan Document).

3. All contributions shall be made at such time and in such manner, as the Trustees require . The Trustees have the authority to audit the Employer's financial, payroll, wage, job or project records for determining the accuracy of contributions due to the Fund and the Employer's ability to meet its contribution obligations. If the audit reveals that inaccurate contributions or insufficient contributions have been made, the Employer agrees to pay all auditors' fees incurred in making the audit and also all legal fees and costs incurred in collecting audit fees if judicial enforcement of this provision is necessary.

4. Employers shall submit a remittance report and the required contributions to the Fund Office no later than the twentieth (20th) of the month following the month when Covered Employment was performed. Reporting and remittance shall be done via the Fund's on-line reporting and remittance system. Failure to pay and timely file a report constitutes a delinquency in violation of the Employer's obligation under this Agreement, the Trust Document and ERISA. The Trustees may take whatever steps they deem necessary, including legal action and termination of the Employer, to collect such delinquent payments, notwithstanding any other proviSions of this Collective Bargaining Agreement.

The Agreement's terms continue in effect to the extent they are consistent with the 2016 Alternative Schedule.

This Addendum is entered into this 1 day 0 f _---'M:.!:a""y'--_, 2 0 16.

Employer Association/Employer:

Central New York Sheet Metal Contractors Association, Inc.

Sign: Date:

For Sheet Metal Workers' International Association, Local Union No. 58

Sign: (~ ~ .'

Date: f{-/ :> --/C,

After signing, please send a copy to the Sheet Metal Workers' National Pension Fund, 601 North Fairfax Street, Suite 500, Alexandria, V A 22314 Attn: CBA Department, or bye-mail to [email protected]

Attach Exhibit A, Schedule of Contribution Rate Increases under the 2011 Alternative Schedule Attach B, Letter of Understanding between the parties, regarding increased Pension Fund Contributions.

SPRINKLER FITTERS

AGREEMENT BETWEEN NATIONAL FIRE SPRINKLER ASSOCIATION, INC.

and ROAD SPRINKLER FITTERS LOCAL UNION NO. 669,

COLUMBIA, MARYLAND OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES

AND CANADA

THIS AGREEMENT is made this 1st day of April, 2016 (and constituting revision of the original Agreement of April 6, 1915, and revisions and renewals thereof) and between National Fire Sprinkler Association, Inc. (hereinafter sometimes referred to as “NFSA” or “The Association”) and Road Sprinkler Fitters Local Union 669 (hereinafter referred to as the “Union”).

ARTICLE 1

The National Fire Sprinkler Association, Inc., a body corporate under authority from its members pursuant to its By-Laws, has negotiated and signed this Agreement for and on behalf of contractors that have given the National Fire Sprinkler Association, Inc. written authority to negotiate this Collective Bargaining Agreement, each of whom is the “Employer” party to this contract. A list of the names of those contractors authorizing NFSA to negotiate and execute this Agreement and on whose behalf it is negotiated and executed is attached hereto and made a part hereof.

It is understood that the NFSA is not responsible for the actions of individual

contractors relative to the application of and compliance with this Agreement. NFSA has the exclusive right to appoint employer representatives to all joint committees or trust boards that are in existence and/or come about as a result of the terms and conditions of this Collective Bargaining Agreement. NFSA may, at its option, with the approval of the contractor participate in any grievance involving said contractor who has given NFSA authority to negotiate this Collective Bargaining Agreement.

It is further understood and agreed that any Employer bound by the terms of this

Agreement by virtue of the authority described in the above paragraph agrees that, if the contractor withdraws its membership from NFSA or its membership is terminated for any reason, the contractor shall be bound by all the terms and conditions of the Agreement for the balance of the term of this Agreement. NFSA agrees to notify the Union when any contractor member withdraws or is terminated from the NFSA within twenty (20) days of such action. NFSA shall also notify the Union of any new member joining NFSA within a period of twenty (20) days from receipt of application, subject to subsequent Board of Directors approval, and shall furnish the Union with a copy of the signed agreement whereby the Company authorizes NFSA to represent it in Collective Bargaining.

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The Union shall submit to NFSA within thirty (30) days of the signing of this

Agreement a copy of separate agreements signed with employers who are not members of NFSA and/or are not party to this Agreement and shall thereafter advise NFSA in writing within ten (10) days of any new employers with whom the Union has signed a separate agreement. The Union shall promptly provide NFSA with copies of correspondence with employers represented by NFSA.

ARTICLE 2

This Agreement is entered into in good faith and the subscribers declare their

entire willingness to fulfill all requirements contained herein, their acts being done with the full knowledge, consent and authority of the Employer and the Union. It is hoped and believed that this Agreement properly respected will tend to remove the causes for industrial strife and bring about a better understanding between the Employer and the Union.

STANDING COMMITTEE: Recognizing the fact that this Agreement is for five

(5) years, the parties to this Agreement hereby create a Mutual Cooperation Committee which will meet on a periodic basis, every 120 days, or sooner, if the need arises, to discuss problems that are of mutual concern to the NFSA and Local Union 669.

The primary purpose of this Committee is to evaluate the effectiveness of this

Collective Bargaining Agreement in reclaiming the market for signatory contractors and their employees and if market share continues to decline, the parties to this Agreement shall discuss possible ways and means to further prevent continued loss of market.

All employers in a given area agree to provide timely information to the

respective State and Federal agencies as requested by the Union and/or NFSA, for purposes of establishing and maintaining area standards for public work projects.

ARTICLE 3

RECOGNITION: The National Fire Sprinkler Association, Inc. for and on behalf

of its contractor members that have given written authorization and all other employing contractors becoming signatory hereto, recognize the Union as the sole and exclusive bargaining representative for all Journeymen Sprinkler Fitters and Apprentices in the employ of said Employers, who are engaged in all work as set forth in Article 18 of this Agreement with respect to wages, hours and other conditions of employment pursuant to Section 9(a) of the National Labor Relations Act.

The Union also recognizes the National Fire Sprinkler Association, Inc. as the

Collective Bargaining Agency for contractors who have given written authorization and for those contractors who become signatory to this Agreement.

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This Agreement shall be binding upon the parties hereto, their successors,

administrators, executors and assigns. It is understood that the parties hereto shall not use any sale, transfer, lease, assignment, receivership, or bankruptcy to evade the terms of this Agreement.

ARTICLE 4

UNION SECURITY: All present employees covered by this Agreement who are

members of Local Union 669 shall, as a condition of employment, maintain their membership in the Union (to the extent and in the manner provided for and permitted by State and Federal laws). All other employees covered by this Agreement shall, as a condition of employment (to the extent and in the manner provided for and permitted by State and Federal laws) become members of Local Union 669 seven (7) days following April 1, 2016. All new employees shall, as a condition of employment, become members of Local Union 669 at the end of seven (7) days employment (to the extent and in the manner as provided for and permitted by State and Federal laws).

A person not a member of the United Association shall be acceptable for employment as a Journeyman only after he has produced for the Employer sworn affidavits of five (5) year’s experience in the Sprinkler Industry as an Apprentice and/or Journeyman on the letterhead of his previous Employer or Employers, and such affidavits have been forwarded to the Union. The five (5) year period conforms to the period of Apprentice training as set forth in the Apprentice Standards of the Sprinkler Industry.

A person not a member of the United Association shall be acceptable for

employment as an Apprentice after he has met the requirements in the Apprentice Standards, been accepted by the Joint Apprenticeship and Training Committee and issued a probationary Apprentice classification card by the Director of Apprenticeship of Local 669. If the Union is unable to furnish individuals to the Employer, and the Employer employs individuals not members of the United Association, these employees shall be paid the Journeyman’s rate provided in the Agreement and contributions shall be made on such employees to the various fringe benefit funds as provided in this Agreement.

DUES CHECK-OFF: The Employer agrees to deduct Union Membership Dues lawfully and uniformly levied by the Union in accordance with the Constitution and By-Laws of the Union, or other lawful deductions (i.e., the $0.15/hr. for Michigan Industry Advancement) from the pay of each employee who executes or has executed the following “Authorization for Check-Off of Work Assessment” form. An “Authorization for Check-Off of Work Assessment” form furnished by the Local Union, shall be given by the Employer to each new employee performing work under this Agreement, for the employee’s consideration. Such deductions shall be computed and deducted weekly

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and remitted monthly to the Local Union 669 National Office at 7050 Oakland Mills Road - Suite 200, Columbia, MD 21046, not later than the 15th day of each month following the month in which the wages were paid. The payments to Local Union 669 required under this provision may be transmitted to the Union by means of electronic transfer of funds.

AUTHORIZATION FOR CHECK-OFF OF WORK ASSESSMENT

SPRINKLER FITTERS LOCAL UNION 669 7050 OAKLAND MILLS ROAD - SUITE 200

COLUMBIA, MARYLAND 21046

TO: Any and All Employers Signatory to a Collective Bargaining Agreement with Local Union #669

I, hereby assign to Local Union #669, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, from any wages earned by me as an employee of any employer who is signatory to an applicable Collective Bargaining Agreement (in my present or in any future employment), the currently applicable Local Union 669 dues assessment as a percentage of the gross wages earned by me for all hours worked and/or paid. I also assign and authorize deduction of any other assessment lawfully authorized and enacted by the union membership on a district, state, regional or national basis. I authorize and direct you to deduct such amounts from my pay on a weekly basis irrespective of my membership in the union and to remit said sum monthly to Local #669 in such manner as may be agreed upon between Local #669 and the employer at any time while this authorization is in effect.

This assignment, authorization and direction shall be irrevocable for a period of one year from the date of delivery hereof to you, or until the termination of the Collective Bargaining Agreement between you and Local #669 which is in force at the time of delivery of this authorization, whichever occurs sooner; and I agree and direct that this assignment, authorization and direction shall be automatically renewed and shall be irrevocable for successive periods of one year each and for the period of each succeeding applicable Collective Bargaining Agreement between an employer with whom I am at that time employed and Local #669, whichever shall be shorter, unless written notice is given by me to the employer with whom I am at that time employed and Local #669 not more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one year, or of each applicable Collective Bargaining Agreement between an employer with whom I am at that time employed and Local #669, whichever occurs sooner.

This authorization is made pursuant to the provisions of Section 302(C) of the Labor-Management Relations Act of 1947 and otherwise and shall be effective January 1, 1997 or the date of execution, whichever is later.

It is agreed that the above “Authorization for Check-Off of Work Assessment” form and “any revocation” thereof shall be executed in triplicate. Distribution of copies - 1)

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Original to Local 669, 7050 Oakland Mills Road, Suite 200, Columbia, Maryland 21046; 2) Green copy retained by contractor for his records; 3) White copy for member’s records.

PLEASE PRINT OR MAKE ANY NECESSARY CORRECTIONS IN YOUR NAME, ADDRESS, LOCAL, UA CARD NO., or SOC. SEC. NO.

Use Ball Point Pen and bear down. You are making 3 copies.

Local UA Card Number Social Security Number Name Your Signature__________________ Date__________________________ Address

PLEASE PRINT THE FOLLOWING City, State & Zip

Employer_______________________ ______________________________

Street__________________________ City, State & Zip__________________

Any change in the rate or amount of membership dues levied by the Union shall be put

into effect and the deductions made during the calendar month following the calendar month in which the Employer received from the Union written notice of the change. The Union agrees to save and hold the Employer and the National Fire Sprinkler Association, Inc. harmless from any action, claim, loss, damage, or the like, including all attorneys’ fees arising from or in any way connected with any deduction made pursuant to this article.

LOCAL 669 POLITICAL ACTION COMMITTEE CHECK-OFF

The employer shall deduct from the pay of each employee covered by this Agreement, and remit to the Treasurer of the Road Sprinkler Fitters Local 669 Political Action Committee (“Local 669 PAC”) voluntary contributions to the Local 669 PAC for each employee who voluntarily executes the authorization check-off form provided for that purpose by the Local 669 PAC. The amount and timing of such check-off deductions and the transmittal of such voluntary contributions shall be as specified in those forms, and in compliance with all applicable federal and state laws. Contributions of $50 or less must be remitted to the Local or PAC Fund within 30 days of such deduction and contributions over $50 must be remitted within 10 days of such deduction. The Employer will invoice Local 669 Fifty Cents ($.50) per bargaining unit employee per month, to cover the Employer’s reasonable administrative costs of complying with this provision.

Extended Benefits Fund

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The Employer will deduct Twenty-Five Cents ($.25) per hour from the employee’s pay and remit it to the Extended Benefit Fund.

The Union agrees to save and hold the Employer and the National Fire Sprinkler

Association, Inc. harmless from any action, claim, loss, damage, or the like, including all attorneys’ fees arising from or in any way connected with any deduction made pursuant to this Article.

ARTICLE 5

HIRING OF EMPLOYEES: Should the Employer fail to secure unemployed 669

Sprinkler Fitter Journeymen and Apprentices from any source available to him, he shall contact the Union requesting a referral of qualified unemployed Sprinkler Fitter Journeymen or Apprentices residing within one hundred (100) miles of the job site. The Union shall be given seventy-two (72) hours, from time of notification to refer qualified unemployed Sprinkler Fitter Journeymen or Apprentices to perform the work involved.

If the Union fails for any reason to refer unemployed qualified Sprinkler Fitter Journeymen or Apprentices within seventy-two (72) hours, the Employer may hire new Apprentices in accordance with the ratios established in this Agreement and subject to applicable Apprentice selection procedures.

The Employer shall have the right to accept or reject for just cause, any job applicant and to solicit from among applicants those, who in his estimation, are the best qualified.

Journeymen Sprinkler Fitters shall have the right to solicit their own jobs.

Nothing contained herein shall prevent the transfer of an employee from one job to another.

The parties recognize the legitimate interest of preserving and maintaining employment in the area in which work is being performed. Local employees shall therefore be the last laid off when an Employer lays off on a job.

NONDISCRIMINATION: There shall be no discrimination with regard to race, color, religion, sex, age, or national origin by either the Union or the Employer relative to employment or conditions of employment. Contractors bound by the terms of this Agreement are likewise bound by any Affirmative Action Plans negotiated with governmental agencies by the National Fire Sprinkler Association, Inc. and Local Union 669. Wherever used in this Agreement, the masculine pronoun is understood to refer to both genders.

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ARTICLE 6

This Agreement applies to the United States, and Off-Shore Drilling operations, except in the territory established as of April 1, 2013, covered by the local agreements in Boston-550, Chicago-281, Cleveland-120, Detroit-704, Kansas City-314, Los Angeles-709, Milwaukee-183, Minneapolis-St. Paul-417, Newark-696, New York-638, Philadelphia-692, Pittsburgh-542, St. Louis-268, San Francisco-483, Seattle-699, and the state of Florida-821. It is agreed that the contractor members who are subscribers to this Agreement shall, when performing work within the jurisdiction of any other Sprinkler Fitters Local Union, adhere to and be bound by the terms and conditions of the Collective Bargaining Agreement negotiated by the National Fire Sprinkler Association, Inc. with these other Sprinkler Fitters Local Unions.

OFF-SHORE DRILLING OPERATIONS: The following conditions of employment shall apply to off-shore drilling operations:

Travel expenses as applicable under Article 11 of the Agreement shall be paid from the employee’s residence to the point of embarkation (i.e., boat landing, helicopter pad, etc.) servicing the structure on which the job is located. Time spent from the point of embarkation to the structure and from the structure to the point of embarkation shall be considered hours worked. Travel expense at job completion will be applied as provided under Paragraph (E), Article 11 of the Agreement.

Subsistence as applicable under Article 11 of this Agreement shall be paid to the point of embarkation.

When an employee is required to live on the structure, he shall be furnished meals and lodging free of charge. Where meals and lodging are provided, no payment shall be paid under Article 11, Paragraphs (B), (C) and (D).

Hours of work including shifts, starting time, meal periods, etc., shall conform to practice on the structure.

Overtime at the rate of double the appropriate hourly rate shall be paid for hours worked outside the regularly scheduled work shift as established on the structure.

The hourly rate for Journeymen and Apprentices at the point of embarkation shall be the hourly rate for work performed on the structure and applicable travel expense.

In no case shall an employee be required to remain on the structure for more than fourteen (14) consecutive calendar days.

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ARTICLE 7

WAGES: It is agreed that the hourly wage rate for Sprinkler Fitters shall apply to jobs in the states effective April 1, 2016 for the duration of the Agreement:

Wage Rate

In states/districts where Local 669 members have already enacted an Industry Advancement Fund, or during the life of the Agreement vote to adopt an Industry Advancement Fund, the hourly contribution to those Funds will be deducted from the wages listed below and treated the same as union dues under this Agreement. The states currently without an Industry Advancement Fund are in bold underline below and the rates applicable to each state or portion of state can be found following the “Counties” section below.

STATES 4/1/2016 4/1/2017 4/1/2018

ALABAMA $24.62 $25.02 $25.42 ALASKA $44.75 $46.00 $47.25 ARIZONA $32.25 $33.25 $34.25 ARKANSAS $24.29 $24.29 $24.29 CALIFORNIA / (1) $35.71 $37.20 $38.85 CALIFORNIA / (2) $37.32 $39.07 $40.77 CALIFORNIA / (3) $36.88 $38.28 $39.73 CALIFORNIA / (4) $37.67 $39.17 $40.57 COLORADO $35.43 $36.73 $38.13 CONNECTICUT $42.62 $43.92 $45.32 DELAWARE $34.35 $35.35 $36.55 District of Columbia $33.40 $34.40 $35.60 GEORGIA $27.79 $28.54 $29.29 IDAHO-21 $31.60 $32.60 $33.60 IDAHO-40 $31.70 $32.80 $33.90 ILLINOIS $39.87 $41.37 $42.87 INDIANA $36.61 $37.96 $39.31 IOWA $33.61 $34.91 $36.21 KANSAS $31.97 $33.17 $34.37 KENTUCKY $32.50 $33.75 $35.05 LOUISIANA $27.02 $27.27 $27.52 MAINE $27.39 $28.24 $29.14 MARYLAND $33.40 $34.40 $35.60 MASSACHUSETTS $39.01 $40.26 $41.51 MICHIGAN $33.62 $34.87 $36.12 MINNESOTA $35.08 $36.33 $37.58 MISSISSIPPI $24.03 $24.53 $25.03 MISSOURI $33.49 $34.79 $36.09 MONTANA $32.35 $33.35 $34.35 NEBRASKA $33.50 $34.75 $36.00

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NEVADA / (1) $39.34 $41.09 $42.79 NEVADA / (2) $41.10 $42.35 $43.85 NEW HAMPSHIRE $29.06 $29.81 $30.61 NEW JERSEY $48.15 $49.15 $50.25 NEW MEXICO $28.90 $29.90 $30.90 NEW YORK (1) $32.66 $33.76 $34.91 NEW YORK (2) $42.72 $43.97 $45.42 NEW YORK (3) $33.18 $34.43 $35.68 NORTH CAROLINA $25.46 $25.46 $25.46 NORTH DAKOTA $31.77 $32.87 $33.97 OHIO $35.08 $36.33 $37.78 OKLAHOMA $30.47 $31.32 $32.32 OREGON (1) $36.06 $37.66 $39.21 OREGON (21) $31.75 $32.75 $33.75 PENNSYLVANIA $36.05 $37.40 $38.80 RHODE ISLAND $42.62 $43.92 $45.32 SOUTH CAROLINA $24.17 $24.17 $24.17 SOUTH DAKOTA $30.16 $31.01 $31.86 TENNESSEE $26.05 $26.80 $27.55 TEXAS $28.18 $29.03 $30.03 UTAH $32.14 $33.14 $34.20 VERMONT $26.96 $27.71 $28.48 VIRGINIA (1) $26.80 $27.05 $27.30 VIRGINIA (2) $33.40 $34.40 $35.60 WASHINGTON (1) $36.06 $37.66 $39.21 WASHINGTON (21) $31.95 $33.20 $34.45 WEST VIRGINIA $33.02 $34.02 $35.27 WISCONSIN $39.48 $40.88 $42.28 WYOMING $31.55 $32.35 $33.35

Counties

1) California (1) Counties- Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Santa Stanislaus, Tulare, Tuolumne, and portion of Kern County WEST of Highway 14. 2) California (2) Counties- Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glen, Humboldt, Lake, Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo and Yuba. 3) California (3) Counties- San Bernardino, Riverside, Orange, Imperial, Inyo, Los Angeles, Mono, Ventura, and portion of Kern County EAST of Highway 14.

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4) California (4) Counties- San Diego County. 5) Nevada (1) Excludes Nevada counties of Clark, Nye & Lincoln. 6) Nevada (2) Includes Nevada counties of Clark, Nye & Lincoln. 7) New York (1) Excludes the counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess, Rockland, Albany, Rensselaer, Schenectady, Saratoga and Warren. 8) New York (2) Includes counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and Rockland. 9) New York (3) Includes counties of Albany, Rensselaer, Schenectady, Saratoga and Warren. 10) Virginia (1) Excludes the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick, Clarke, Stafford, Spotsylvania & City of Alexandria. 11) Virginia (2) Including the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick, Clarke, Stafford, Spotsylvania & City of Alexandria. The Union may, at its discretion, reallocate moneys due between wages and S.I.S. Fund contributions, once every calendar year, with thirty (30) days prior written notice to the NFSA and signatory contractors, with action taking place by July 1 of each year, provided that the sum of the total contribution to wages and the S.I.S. Fund remains the same.

INDUSTRY ADVANCEMENT FUND PAYROLL DEDUCTION

SCHEDULE

STATE AMOUNT Alabama $0.50/hour Alaska $0.25/hour Arizona $0.50/hour Arkansas $0.50/hour California (District 2 only) $2.00/hour

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California (District 22 only) $0.50/hour California (District 27 only) $1.00/hour Colorado $1.00/hour Delaware $0.60/hour District of Columbia $0.60/hour Georgia $0.50/hour Idaho (District 21 only) $0.75/hour Idaho (District 40 only) $1.00/hour* Illinois $0.50/hour Indiana $1.00/hour Iowa $0.50/hour Kansas $0.50/hour Kentucky $0.35/hour Louisiana $0.50/hour Maine $0.53/hour Maryland $0.60/hour Massachusetts $0.53/hour Michigan $0.15/hour Minnesota $0.25/hour Mississippi $0.50/hour Missouri $0.50/hour Montana $0.75/hour Nebraska $0.50/hour Nevada (District 2 only) $2.00/hour Nevada (District 25 only) $1.00/hour New Hampshire $0.53/hour New Jersey $1.00/hour New York (District 19 only) $0.35/hour* New York (District 34 only) $0.50/hour North Carolina $0.75/hour North Dakota $0.75/hour * Ohio $1.00/hour Oklahoma $0.50/hour Oregon (District 1 only) $0.50/hour Oregon (District 21 only) $0.75/hour Pennsylvania $1.00/hour South Carolina $0.50/hour South Dakota $0.75/hour* Tennessee $0.75/hour Texas (District 5 only) $0.25/hour Texas (District 26 only) $0.50/hour Utah $1.00/hour* Vermont $0.53/hour Virginia $0.60/hour

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Washington (District 1 only) $0.50/hour Washington (District 21 only) $0.75/hour Wisconsin $0.50/hour Wyoming $1.00/hour *All funds apply to hours worked by Class 5 apprentices and above, except for the District 19, District 40, North and South Dakota Funds which applies to all hours for all members. No reduction in the wages provided for in this Agreement will be made without a secret

ballot ratification vote in favor of the reduction by the affected bargaining unit employees.

The total economic package shall be defined as Wages, Health and Welfare Fund, including RESA, Pension Fund, Education Fund and S.I.S. Fund.

The current hourly contribution rate to the NASI Health and

Welfare Fund is $8.07 per hour. Effective January 1, 2017, the hourly Health and Welfare contribution rate shall be $8.32; effective January 1, 2018, the hourly Health and Welfare contribution rate shall be $8.67; and, effective January 1, 2019, the hourly Health and Welfare contribution rate shall be $9.02.

The current hourly contribution rate to the RESA fund is $0.70 per

hour. Effective January 1, 2017, the hourly RESA contribution rate shall be $0.85 per hour; and, effective January 1, 2018, the hourly RESA contribution rate shall be $1.00 per hour.

Effective April 1, 2017, the hourly S.I.S. Fund contribution rate

shall be increased by $0.15 per hour; and effective April 1, 2018, the hourly S.I.S. Fund contribution rate shall be increased by $0.25 per hour.

The current contribution rate to the NASI Pension Fund is $6.05

per hour. Effective January 1, 2017, the hourly Pension Fund contribution rate shall be $6.20; effective January 1, 2018, the hourly Pension Fund contribution rate shall be $6.40; and effective January 1, 2019, the hourly Pension Fund contribution rate shall be $6.60.

The current contribution rate to the Education Fund (including the

U.A. Training Fund) is $0.45 per hour. Effective April 1, 2017, the

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hourly Education Fund contribution rate (including the U.A. Training Fund) be shall be $0.47 per hour; effective April 1, 2018, the hourly Education Fund contribution rate (including the U.A. Training Fund) shall be $0.52 per hour.

Effective April 1, 2019, the combined total of the wage and S.I.S.

rates shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation.

Effective January 1, 2020, the combined total of the hourly

contribution rates for the NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation.

Effective April 1, 2020, the combined total of the wage and S.I.S.

rates shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation.



Wages shall be paid on or before the end of the employee’s workday each Friday,

including all wages due up to and including the previous Friday. Contractors may pay the wages required by this Article by means of direct electronic

deposit of funds to accounts maintained by the employees covered by this Agreement.

Employers who utilize direct deposit for their employees will make deposits to the employee accounts on the standard designated pay day. Appropriate documentation shall be transmitted to the employee at the same time showing the Employee’s name and address, pay period covered, regular and overtime wages, and all deductions, and also the amount of contributions made on behalf of the employee to the various fringe benefit funds. Employees who elect not to receive pay by direct deposit will receive this information by check stub accompanying their pay check.

When an employee is laid off, he shall be provided with a layoff slip and paid in full at the time his services are thus discontinued.

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In the event a Journeyman Sprinkler Fitter or Apprentice is discharged, he shall be paid in full within forty-eight (48) hours of the time his services are thus discontinued, either in person or by certified mail, return receipt requested, to the address on record.

The pay period for any Sprinkler Fitter or Apprentice who quits shall be his regular pay period.

An Employer may “discharge” an employee for just cause only, and the employee shall

be given written notice within two (2) days of the reason therefore.

A bad check shall be considered nonpayment of wages.

An employee who doesn’t receive his pay check at the time set forth in this Article shall be entitled to eight (8) hours pay.

It is further understood that the employee then has the responsibility to notify the Employer concerning the late pay check and subsequent to notification, the employee shall be entitled to eight (8) hours pay for each twenty-four (24) hour period until he receives his pay check.

An employee who notifies both his Employer and the Union in writing that he wishes his

pay check to be mailed to his home address shall not be entitled to any penalty payments for late checks due to the post office services, provided the check was mailed in sufficient time to arrive within the time limits of this Article.

Any employee injured on the job to the extent of requiring a doctor’s care, and which injury the doctor determines prevents the employee from returning to work, shall be paid a full days wage for the day of the injury.

Article 7A

LOCAL 669 RESIDENTIAL WORK

Residential work is made a part of this Agreement. All work in connection with the

installation and maintenance of fire protection systems for residences shall continue to be covered by Article 18 of this Agreement. All articles, terms, and conditions of this Agreement shall be applicable to “residential fire protection work,” as defined below, unless specifically amended herein. This Agreement shall be applicable in all the states within the territorial jurisdiction of the Union.

The bargaining parties hereby agree to establish a residential training

program to be implemented effective January 1, 2017. The Joint Apprenticeship and Training Committee and its Director will oversee the development of the

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program. The Mutual Cooperation Committee referenced in Article 2 will likewise supervise the development and implementation of the training program.

“Residential fire protection work” is defined to mean any work covered by Article 18 of this agreement on:

1. One or two family dwellings;

2. All multiple family dwelling units which are permitted to have a single exterior up to and including four stories;

3. Townhouses with units stacked vertically up to and including four stories; and

4. Group residential care facilities and protective care homes (sheltered housing), not to include nursing homes or ambulatory care facilities.

Exemptions: 1. The following states shall be allowed a 1:3 ratio of Building Trades Journeyman/Apprentice (to be paid at building trades rates) to Metal Tradesmen/Helpers for hotels/motels up to and including (5) five stories. The first sprinkler fitter on the job shall be a Building Trades Foreman and shall be the last sprinkler fitter on the project. The bolded underlined states below indicate partial exemptions: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North & South Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia (1), Virginia (2), West Virginia and Wyoming. The following special conditions are provided for bolded underlined states defining counties within the state. Colorado: the entire state except the counties of Adams, Arapahoe, Boulder, Broomfield, Clear Creek, Denver, Douglas, Eagle, Elbert, El Paso, Garfield, Gilpin, Grand, Jefferson, Lariner, Mesa, Pitkin, Pueblo, Routt, San Miguel, Summit, Teller and Weld. Michigan: the entire state except the Upper Peninsula.

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Missouri: only applies to the counties of Barry, Christian, Greene, Jasper, Lawrence, McDonald, Newton, Stone and Taney. Nevada: the entire state except the counties of Clark, Carson City, Churchill, Douglas, Humboldt, Lyon, Pershing, Storey, and Washoe. 2. The following states shall be allowed a 1:3 ratio of Building Trades Journeyman/Apprentice (to be paid at building trades rates) to Metal Tradesmen/Helpers for residential care facilities, protective care homes (sheltered housing), nursing homes or ambulatory care facilities up to and including (5) five stories:

Alabama, Arkansas, Georgia, Louisiana, Maine, Michigan (Excluding Upper Peninsula), Mississippi, New Hampshire, North & South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia (1).

The first sprinkler fitter on the job shall be a Building Trades Foreman and shall be the last sprinkler fitter on the project.

The Residential Tradesman and Residential Helper shall work on only residential jobs as

defined above and shall not be assigned to do any other work described in Article 18 of this Agreement.

All residential fire protection work shall be performed by Building Trades Journeymen or Apprentices represented by Local 669 or by Residential Tradesmen or Helpers represented by Local 669. The crew mix on residential fire protection projects shall consist of one (1) Local 669 Building Trades Journeyman or one (1) Local 669 Residential Tradesman to three (3) Local 669 Residential Helpers or three (3) Local 669 Building Trades Apprentices.

There shall be at least one (1) Local 669 Building Trades Journeyman or one (1) Local 669 Residential Tradesman on every job. It is agreed that Affirmative Action in hiring practices will be utilized.

The rate of wage to be paid a Residential Tradesman or Building Trades Journeyman shall be 75% of the rate established in this Article. Residential Helpers shall be paid 35% of the rate in the first year of their employment, 43% of the rate in the second year, 50% of the rate in the third year, and 60% of the rate in the fourth year. Building Trades Apprentices employed under this Article shall be paid in accordance with the rates established in this Article. In no event shall an individual working under this Agreement be paid less than the Federal or applicable state minimum wage rate in addition to the fringe benefits established herein.

It is understood and agreed that adoption of the foregoing Residential wage structure

effective on or after April 1, 2016, shall not result in a decrease in the wage rate of any

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Residential Tradesmen or Helpers employed under this Agreement on April 1, 2013. This shall not be construed to prevent a decrease in wages due to increased Metal Trades Health and Welfare, Pension and SIS Pension contributions in such amounts as may be determined by the Trustees of said Funds.

All residential overtime worked shall be at the rate of time and a half.

Effective April 1, 2016, the employer shall contribute to the NASI Metal Trades Health and Welfare Fund four dollars and twenty five cents ($4.25) per hour for each hour worked by the Residential Tradesman or Helper.

Effective January 1, 2016, the Employer shall contribute to the NASI Metal Trades

Pension Fund Sixty-Five Cents ($0.65) per hour for each hour worked by the Residential Tradesman or Helper.

Benefits will be paid on Building Trades Journeymen and Apprentices, per this collective bargaining agreement.

All procedures required for fabrication of non-ferrous materials shall be performed by

Building Trades Journeymen and Apprentices or Residential Tradesmen and Helpers on the jobsite.

Each contractor shall pay to the NASI-Local 669 Industry Education Fund Ten Cents

($0.10) per hour for all hours worked under the Local 669 Residential Work provisions of this Article 7A. Contractors may make the payments required by this Article by the electronic transfer of funds.

Under this agreement, it is agreed that a Sprinkler Industry Supplemental

(SIS) Defined Contribution Fund contribution shall be established for Residential Tradesman and Helpers pursuant to the following terms.

For Residential Tradesman, and Helpers who have completed one (1) year

probationary employment, who are employed as of January 1, 2017, and thereafter, S.I.S. Fund contributions shall be required for all hours worked at the rate of Twenty-five cents ($0.25) per hour in addition to their wages.


probationary employment, who are employed as of January 1, 2018, and thereafter, S.I.S. Fund contributions shall be required for all hours worked at the rate of Thirty-five cents ($0.35) per hour in addition to their wages.


probationary employment, who are employed as of January 1, 2019, and

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thereafter, S.I.S. Fund contributions shall be required for all hours worked at the rate of Fifty cents ($0.50) per hour in addition to their wages.

ARTICLE 8

EXTRA CONTRACT AGREEMENTS: The Employer and the Union agree not to enter

into any Agreement or contract with members of the bargaining unit individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.

ARTICLE 9

JOB FOREMEN: The selection and appointment of Foremen and General Foremen

shall be made by the Employer from the employees in the Local Union 669 bargaining unit and is the responsibility of the Employer in keeping with this Agreement.

The rate of wage for the General Foreman shall be Five Dollars ($5.00) per hour above

the Journeyman’s rate, effective April 1, 2016. All overtime for General Foremen shall be at the rate of time and a half of the General Foreman’s rate of pay, including the General Foreman premium rate except for Sundays and Holidays. Overtime for General Foremen on Sundays and Holidays shall be at two times the General Foreman’s rate of pay, including the General Foreman premium rate.

The rate of wage for Foremen shall be Two Dollars and Seventy-Five Cents ($2.75) per hour above the Journeyman’s rate, effective April 1, 2016. All overtime for Foremen shall be at the rate of time and a half the Foreman’s rate of pay, including the Foreman premium rate except for Sundays and Holidays. Overtime for Foremen on Sundays and Holidays shall be at two times the Foreman’s rate of pay, including the Foreman premium rate.

There shall be a Foreman on each job and a General Foreman on each job with twenty-

two (22) or more employees and the Employer may select from his Journeyman employees whomever he wishes to be Foreman and General Foreman from the Local Union 669 bargaining unit.

ARTICLE 10

INSPECTION PRIVILEGES: Authorized Agents of the Union shall have access to the

Employer’s job site unless prohibited by the authority having jurisdiction for job site security, during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, provided, however, that there is no interruption of the firm’s working schedule. Upon request, the Employer agrees to make all reasonable efforts to secure access to the job site for authorized union agents from the authority having jurisdiction for job site security.

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ARTICLE 11

TRAVEL EXPENSES:

(A) Effective April 1, 2016, when an employee is required to travel to a job within sixty (60) miles of his residence, he shall be paid no expenses of any kind. (B) When an employee is required to travel to a job beyond sixty (60) miles up to and including eighty (80) miles from his residence, he shall be paid Seventeen dollars and Fifty Cents ($17.50) per day, effective April 1, 2016. Effective January 1, 2017 such employee shall be paid Nineteen Dollars ($19.00) per day. (C) When an employee is required to travel to a job beyond eighty (80) miles up to and including one hundred (100) miles from his residence, he shall be paid Twenty Seven Dollars and Fifty Cents ($27.50) per day, effective April 1, 2016. Effective January 1, 2017, such employee shall be paid Twenty-Nine Dollars ($29.00) per day. (D) When an employee is required to travel to a job in excess of one hundred (100) miles from his residence, he shall receive subsistence for each day worked in the amount of Eighty ($80.00) dollars per day, effective April 1, 2016. Effective January 1, 2017, such employee shall be paid Ninety ($90.00) dollars per day. Effective January 1, 2018, such employee shall be paid One Hundred ($100.00) dollars per day. Effective January 1, 2019, such employee shall be paid One Hundred Five ($105.00) dollars per day. (E) When an employee is required to travel to a job in excess of one hundred (100) miles from his residence, he shall be paid at the rate of Fifty Four Cents ($0.54) a mile in going to the job for the first time, together with travel time at the rate of one quarter (1/4) hour travel time for each fifteen (15) miles traveled, not to exceed eight (8) hours per day in any twenty-four (24) hour period, effective April 1, 2016.

Whenever the employee’s job in excess of one hundred (100) miles is completed or the employee is transferred by his Employer to another job, the employee shall be paid at the rate of Fifty Four Cents ($0.54) a mile to the point at which the employee entered the Employer’s service or the next contract, together with travel time at the rate of one quarter (1/4) hour for each fifteen (15) miles traveled, not to exceed eight (8) hours per day in any twenty-four (24) hour period, effective April 1, 2016.

(F) 1. The parties to this Agreement, may, by mutual written agreement, designate area(s) as “fully employed”. The Employer may thereafter, at its option, request that the Union refer unemployed Journeymen or Apprentices who reside outside the designated area. The Union will, at the Employer’s request, refer unemployed Journeymen and Apprentices from an unemployment list maintained for this purpose, to

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the extent available and within five (5) working days of its receipt of the Employer’s request.

2. Journeymen and Apprentices residing outside the designated area where the jobsite is located will be referred from the nearest Local 669 District and according to the length of time on the unemployment list, referred to above, pursuant to the Union’s nondiscriminatory referral procedures established for this purpose.

3. Journeymen and Apprentices referred pursuant to this procedure will be employed for a minimum of thirty (30) working days unless the Employer has “just cause” to terminate them.

4. Journeymen and Apprentices referred to the Employer pursuant to this

procedure shall be paid Eighty ($80.00) dollars per day, effective April 1, 2016. Effective January 1, 2017, such employee shall be paid Ninety ($90.00) dollars per day. Effective January 1, 2018, such employee shall be paid One Hundred ($100.00) dollars per day. Effective January 1, 2019, such employee shall be paid One Hundred Five ($105.00) dollars per day. There shall be no travel pay or mileage as provided in this Article for travel from and to the employee’s residence outside the “fully employed” area.

5. For travel from job to job within the “fully employed” area when the employee is required to travel more than forty (40) miles, he shall be paid Fifty Four Cents ($0.54) per mile effective April 1, 2016 between jobs and also travel time at the rate of one-quarter (1/4) hour for each fifteen (15) miles traveled, not to exceed eight (8) hours pay in any twenty-four (24) hour period. Mileage shall be computed between jobs within the “fully employed” area rather than from the employee’s residence. (G) When an Employer provides suitable transportation for the employees, the Employer shall not be required to make any payment for travel expenses under this Article, except, however, he shall be required to pay travel time and subsistence in accordance with this Article. No subsistence shall be paid when the Employer furnishes daily transportation and the employee chooses to travel back and forth from his home. “Suitable transportation” means vehicles in conformity with Federal Motor Vehicle Safety Standards & Regulations. (H) If the employee leaves his work before it is completed and without the consent of the Employer, traveling shall be at the employee’s own time and expense. (I) Residence shall be solely determined by the employee and the employee shall file this in writing with the Employer and the Union.

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(J) Travel for Alaska: The following travel expenses shall be allowed from the lower forty-eight (48) states to Alaska:

The employee shall be paid Fifty Nine Cents ($0.59) per mile effective April

1, 2016 and travel time at the rate of one-quarter (1/4) hour for each fifteen (15) miles, not to exceed eight (8) hours per day in any twenty-four (24) hour period from his residence to the airport of embarkation as selected by the Employer.

For travel in the state of Alaska, the employee shall be paid Fifty Nine Cents ($0.59) per mile and travel time at the rate of one quarter (1/4) hour for each fifteen (15) miles, not to exceed eight (8) hours per day in any twenty-four (24) hour period from his residence to the airport of embarkation as selected by the Employer.

In addition, all air travel for the employee shall be coach airfare from the airport of embarkation to the job in Alaska, together with four (4) hours of travel time if the time of travel is less than four (4) hours, and eight (8) hours of travel time if the time of travel is four (4) hours or more.

At the option of the Employer, subsistence shall be One Hundred Twenty

($120.00) dollars per day effective April 1, 2016, five (5) days a week, or days worked, whichever is greater, or suitable room and board [two (2) men to a standard double room with two beds]. This paragraph shall apply to Alaska only and to those situations where employees are sent to Alaska from the lower forty-eight states (mainland) and where employees who are residents of Alaska are required to travel to a job in excess of one hundred (100) miles from his residence.

When an employee is required to travel more than one hundred (100) miles, but less than two hundred and fifty (250) miles from his residence, and is required to work six (6) days in a standard work week, the employee shall be paid seven (7) days subsistence.

When an employee is required to travel two hundred and fifty (250) or more miles from his residence, seven (7) days subsistence shall be paid.

If the employee is discharged for good cause or quits before completion of the

work project, his subsistence allowance for meals and lodging shall cease. If the employee does not stay on the work project until the work project is completed, he shall pay his own return transportation.

When the employee arrives at the Alaska airport, ground transportation to the job or the cost thereof shall be furnished by the Employer, plus one-quarter (1/4) hour of pay for each fifteen (15) miles traveled.

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When an Employer provides suitable transportation for the employees, the Employer shall not be required to make any payment for travel expenses under this Section J, except, however, he shall be required to pay travel time and subsistence in accordance with this Section J. No subsistence shall be paid when the Employer furnishes daily transportation, and the employee chooses to travel back and forth from his home.

When the employee returns from Alaska, he shall be paid expenses on the same basis as set forth herein for his travel to Alaska.

(K) For the purpose of contributions to all Funds set forth in this Agreement, travel hours paid for shall be considered hours worked. (L) All travel hours outside of the regular established working hours shall be at time and one half (except for Sundays and Holidays which shall be at double time) in accordance with Sections (E), (H), and (K). (M) Nothing herein contained shall be considered as inconsistent with the Federal Wage and Hour Laws. (N) For the purpose of this Article, all miles traveled by an employee shall be determined by reference to maps.google.com. Where the actual point of residence or job is not designated, miles traveled shall be the mileage between the points closest to the actual point of residence or job which are designated in maps.google.com.

(O) Subsistence, in accordance with Paragraphs (D) & (K) above, shall be paid if an employee is prohibited from working because of weather conditions.

(P) An employee shall receive fifty percent (50%) of the travel payment set forth in Paragraphs (B) and (C) of this Article, if applicable, when the employee is entitled to a payment as provided in Article 12, Paragraph (D).

ARTICLE 12

HOURS OF WORK, SHIFTS AND OVERTIME:

(A) HOURS OF WORK: The standard work day and week shall be eight (8)

consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch period Monday through Friday or shall conform to the practice on the job site. With prior written notice to the Union, four (4) days at ten (10) hours a day may be worked at straight time in states where it is legal Monday through Friday and need not be consecutive. Any hours worked outside of the standard work day and week as defined above shall be considered overtime hours, unless otherwise specifically agreed to by the Union.

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(B) SHIFTS: Shift work may be performed at the option of the Employer; however,

when shift work is performed it shall be on the same job site, and it must continue for a period of five (5) consecutive work days. Eight (8) hours of work constitutes a shift. The hourly rate for men on the second and/or third shifts shall be fifteen percent (15%) above the basic hourly rate. There shall be a minimum of two (2) men on each shift. It shall not be required to work a day shift in order to work a second and/or third shift in accordance with this paragraph.

(C) OVERTIME: All overtime, except for Sundays and Holidays shall be at the rate

of time and a half. Overtime worked on Sundays and Holidays shall be at double time. The following days shall be considered Holidays:

New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. The employee may take off Friday following Thanksgiving Day. However, the employee shall notify his Foreman, General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day.

When one of the above holidays falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double time rate.

When one of the above holidays fall on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double time rate.

Should any Federal or State law be enacted which would change the day on which these holidays are now celebrated, the newly established day shall be considered the holiday.

(D) It is also agreed that any employee after being hired or reporting for work at the

regular time for whom no work is provided shall receive four (4) hours pay at the prevailing rate of wage unless he has been notified before leaving home not to report. It is also agreed that any employee after working in the morning and having started work after the lunch period, shall receive four (4) hours pay at the prevailing rate of wage for the afternoon. An exception shall be made when weather or strike conditions make it impossible to put such an employee to work, or any such stoppage of work is occasioned thereby, or any employee leaves his work of his own accord.

(E) TIME OFF FOR UNION ACTIVITIES: The Employer agrees to grant the necessary time off, without discrimination and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided seventy-two (72) hours written notice is

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given to the Employer by the Union specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consideration shall be given to the number of men affected in order that there shall be no disruption of the Employer’s operation due to lack of available employees.

(F) OFF HOURS: On all buildings that are occupied and the hours are not under the

control of the contractor, and the hours do not fall into the category of the regular work day, the contractor may bid the “Off Hours” at straight time plus fifteen percent (15%). This paragraph shall not apply to new construction or emergency work.

It is understood that prior to the initiation of the “Off Hours” provision, the owner of such building (or owner’s representative) shall provide a written confirmation as to the owner’s necessity that work in the above paragraph be done during the “Off Hours” period. The Union will be given five (5) days to verify the conditions.

(G) COMPUTATION OF OVERTIME: For purposes of computing overtime compensation pursuant to this Article, when an Employee’s wage rate is adjusted to include a shift or off hours differential for premium work as provided for in this Agreement, the differential shall be included in the calculation of overtime compensation for that Employee.

ARTICLE 13

PRODUCTION OF LABOR: There shall be no limitation of the amount of work

to be performed, except as required by Article 26.

No Sprinkler Fitter Journeyman or Apprentice working for an Employer shall work overtime at sprinkler work for another Employer during any twenty-four (24) hour calendar day period.

There shall be no restriction as to the use of machinery and tools, except as required by Article 26.

There shall be no limitation as to the method or manner in which work shall be done, except as required by Article 26.

There shall be no restriction as to the use of material, except as required by Article 26.

Addendum B, the U.A. Standard for Excellence, is incorporated by reference

herein.

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ARTICLE 14

MATERIALS AND EQUIPMENT AND FABRICATION: The Union shall accept all materials and equipment as delivered by or for the Employer and the unloading, handling, stockpiling, and installing of such material and equipment shall be performed by employees covered by this Collective Bargaining Agreement.

The assembling and fabrication of welded pipe formations, when performed on the job site, shall be done by Journeymen and/or Apprentices receiving the rates in this Agreement.

The welding provisions also apply to CO-2 and fire extinguisher systems.

Where Journeymen or Apprentices are required to take welding tests for certification they shall, before starting the test, be placed on the payroll of the Employer, and shall be paid in accordance with the wage schedule and travel article contained in this Agreement. All tools and safety equipment required for the test shall be furnished by the Employer.

All brazing and soldering of copper pipe done in the Sprinkler Industry shall be fabricated and assembled by Journeymen and/or Apprentices on the job site.

MAKING ON FITTINGS: It is understood and agreed that the Employer shall have the right to make-on only three (3) screwed fittings on threaded pipe, permanently tight in the factory for shipment to any job within the territory of the Local Union and that the employees covered by this Agreement shall install this material without objection or interruption. The foregoing shall, however, not apply to spool pieces, feed main nipples and risers, and pipe fittings that must be hot dipped.

The preparation of pipe for mechanical fittings and the attachment of three (3) mechanical fittings to one (1) piece of pipe may be performed in the factory. The attachment of additional mechanical fittings to said pipe shall be performed in the field by employees covered by this Collective Bargaining Agreement.

ARTICLE 15

TOOLS: All tools will be furnished by the Employer.

Small Tools: Employer will provide to the employee their initial set of tools. After the contractors initial purchase the replacement of the following tools shall be the responsibility of the employee. 1) 5 gal. bucket or hand held toolbox 1) Bucket caddy

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1) 10" “Ridgid” aluminum pipe wrench 1) 14" “Ridgid” aluminum pipe wrench 1) 18" “Ridgid” aluminum pipe wrench 1) 10" adjustable wrench 1) # 420 or 430 Channel locks 1) # 426 Channel locks 1) Allen wrench set 1) Straight screwdriver 1) Phillips head screwdriver 1) 2-lb ball-peen hammer 1) 3/4" x 12" chisel 1) 12" adjustable wrench 1) Hack saw 1) 25' tape 1) Tin snips 1) 1/2" ratchet & socket set (3/8” - 1 ¼”) 1) 3/8" ratchet, 9/16" socket & 3/8”x 8 point socket 1) Utility or pocket knife 1) 6' rule 1) Magnetic torpedo level 1) Key-hole saw 1) Half round file 1) Flashlight / Headlamp

Small tools will be provided by the employer and should be in good working condition, not necessarily new, with a life time guarantee. The standard is American made and lifetime guarantee except pipe wrenches which shall be “Ridgid”. This standard shall be effective as of May 1, 2013, except the requirement for “Ridgid” pipe wrenches which shall be effective at all times.

Employees will be required to sign a “Tool Sign-Off Sheet” indicating the

employee has received the small tools, and understands this article. A copy of this sheet will be kept by the employee and the employer and a copy will be forwarded to the local business agent for their records.

Employees are authorized to transport the tools listed above in a five (5) gallon

bucket or a regular sized hand held toolbox from one (1) jobsite to another. Tools should be kept in the employees’ possession. If an employee reports to work without the above list of small tools, the employee can be denied work with no show up pay.

All expendable parts of tools shall be replaced at the contractors expense, i.e.

hack saw blades, knife blades, jaws, heels, batteries, etc.

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All tools shall have employees initials engraved or stamped on the tools for identification.

It is mutually agreed that the contractors shall supply the tools specified above

by May 1, 2013 or within thirty (30) days of the employee’s hire whichever applies. Probationary apprentices who are cancelled from the JATC shall return the tools in serviceable condition to the employer.

In those cases where the small tools as described above are stored in a gang box, job box or company trailer or vehicle in the custody of the contractor and theft occurs, the employee shall not be held responsible and said tools shall be replaced by the company. Any and all Personal Protection Equipment (PPE) shall be supplied by the company. Where an employee is required to travel by air or train to the jobsite, the Employer shall pay for the cost of the transport or shipment of tools.

Except for the small tools listed in this article, employees shall be allowed to

carry tools, materials and equipment only in company owned vehicles.

It is understood and agreed that the Employer may adopt and enforce reasonable written rules with respect to the retention and care of tools, so long as a copy of said rules is provided to the Union and said rules are enforced on a nondiscriminatory basis. As part of these rules, the Employer may require that all tools, which are lost or unaccounted for, must be replaced by the employee. The employee shall abide by reasonable Employer rules providing for the care of such tools and equipment.

ARTICLE 16

APPRENTICES: The parties mutually agree that an Apprentice system has

been established and that the wages, hours and working conditions of Apprentices shall be as covered by the Joint Apprentice Standards, which are incorporated by reference herein. Changes in the Apprenticeship Standards can only be made by mutual agreement of the parties to this Agreement. Such modification shall be submitted to the Office of Apprentice Training, Employer and Labor Services of the U.S. Department of Labor, for approval. Apprentices employed before such modification shall not be affected without their consent. It is expressly understood and agreed that the Employer shall not lay off a Journeyman or Apprentice in order to hire a new Apprentice. There shall be no restrictions on the hiring of Apprentices, other than the ratios as outlined below.

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When the employer gives favorable consideration to apprentices referred from the Union, or if the Union is unable to refer qualified Apprentices within seventy-two (72) hours, the restrictions below will not apply.

In any event, the employer shall not employ more than one (1)

Apprentice per each Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.

If unemployment within the District of the applicant’s home address exceeds eight percent (8%) or ten (10) Journeymen and Apprentices, whichever is

greater, the Employer may not hire a new Apprentice for thirty (30) days after the JATC notifies the Union of the request for an Apprentice, or until the percent no longer exceeds eight percent (8%) or ten (10) Journeymen and Apprentices within the District of the applicant’s home address.

At the expiration of thirty (30) days, the Employer may hire three (3) new Apprentices in that District regardless of unemployment and, thereafter, if the eight percent (8%)/ten (10) Journeymen/ Apprentices unemployment continues, the Employer shall hire one (1) unemployed Journeyman or Apprentice from the Union’s national unemployment list for every new Apprentice hired during that time frame.

At the expiration of thirty (30) days, the Employer may make a second request for apprentices and, if the eight percent (8%)/ten (10) Journeymen/ Apprentice unemployment continues, the Employer may, after the expiration of the thirty (30) day period, hire three (3) new Apprentices in that District regardless of unemployment and, thereafter, if such unemployment continues, the Employer shall hire one (1) unemployed Journeyman or Apprentice from the Union’s National Unemployment List for each new Apprentice hired during that time frame.

Under these requirements, the Employer may hire a maximum of six (6) Apprentices in any calendar year in any District where the eight percent (8%)/ ten (10) Journeyman/Apprentice unemployment continues to exist.

Within fifteen (15) calendar days of the hiring of a new Apprentice, any lay off by the Employer within one hundred (100) miles of that Apprentice’s home address shall include the new Apprentice.

If the newly employed Apprentice is terminated by the Employer for “just cause” or quits, the Employer shall have the right to replace that apprentice. The “just cause” requirement shall not apply to probationary Apprentices.

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Newly indentured Apprentices shall be issued a temporary ID before they report for work. The temporary ID shall be e-mailed or faxed to the hiring contractor’s office within 24 hours of approval of the JATC office. This temporary ID will be valid up to 120 days from date of hire. Such temporary ID shall be sent by fax, e-mail or other such rapid means to the Contractor’s office as to permit immediate placement on the payroll.

All Apprentices shall be paid a progressively increasing rate of wage based upon the applicable percentage schedules in effect.

Apprentices Rate Percentage Scale of Journeyman’s Rate Class 1 45%

Class 2 50% Class 3 55% Class 4 60% Class 5 65% Class 6 70% Class 7 75% Class 8 80% Class 9 85% Class 10 90% It is understood and agreed that adoption of the foregoing Apprentice wage structure shall not result in a decrease in the wage rate of any existing Apprentice.

Effective upon ratification of this agreement, through December 31, 2016, NASI Health and Welfare contributions shall be made on behalf of Class 1 and 2 Apprentices at Seven Dollars Forty-Five Cents ($7.45) per hour for Level 2 coverage. This amount shall include Seven Dollars and Eight Cents ($7.08) for Level 2 NASI Health and Welfare benefits and Thirty-Seven Cents ($0.37) per hour for RESA.

Effective January 1, 2017, NASI Health and Welfare contributions for

Level 2 coverage shall be Seven Dollars and Sixty Cents ($7.60) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08) per hour for Level 2 coverage and Fifty-Two Cents ($0.52) per hour for RESA.

Effective January 1, 2018 and through the remainder of this

agreement, NASI Health and Welfare contributions for Level 2 coverage shall be Seven Dollars and Seventy-Five Cents ($7.75) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08) per hour and Sixty-Seven Cents ($0.67) per hour for RESA.

Effective April 1, 2016, NASI Health and Welfare contributions will be made as

required in Article 19 for Class 3 through 10 Apprentices.

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Education and Industry Promotion Fund contributions shall be made on behalf of

Apprentices as required by Articles 21 and 22 of this Agreement.

Effective April 1, 2016, NASI Pension Fund contributions will be made for all hours worked by all Apprentices except for Class 1 and 2 Apprentices.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S. contribution.

For Apprentices indentured on or after April 1, 2010 and prior to April 1, 2013,

S.I.S. Fund contributions shall be required for all hours worked by Class 1 through 10 at the rate per the JATC S.I.S. chart in addition to their wages.

Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for

Class 1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate of shall be Twenty-Five Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5 through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in addition to wages. Effective April 1, 2017, For Apprentices Class 3 and 4 the S.I.S. rate shall be Forty cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Sixty Five Cents ($0.65) per hour worked in addition to wages. Effective April 1, 2018, For Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty Five cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Sixty Five Cents ($0.65) per hour worked in addition to wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to wages.

RATIO OF APPRENTICES TO JOURNEYMEN: Employers employing Apprentices under the terms and conditions of this Article shall be allowed one (1) Apprentice to the first Journeyman and one (1) Apprentice to each Journeyman thereafter. No Apprentice may be employed on a job where there are no Journeymen employed.

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Each Employer shall report semi-annually on January 1 and July 1 to the Joint Apprenticeship and Training Committee the number of Journeymen and Apprentices working for them.

ARTICLE 17

WORKING WITHIN JURISDICTION OF OTHER SPRINKLER UNIONS: When employees covered by this Agreement enter into the jurisdiction of other Sprinkler Local Unions, they shall work under the terms and conditions of the existing sprinkler bargaining agreement in effect in that area.

When an employee is sent into the territory of another Sprinkler Local, he shall receive his pay, expenses and travel time under the 669 Agreement until he actually enters the jurisdiction of the other Local and starts work.

For the purpose of travel pay, the rate of the state of the employee’s residence shall prevail.

ARTICLE 18

JURISDICTION OF WORK: The work of the Sprinkler Fitter and/or Apprentice

shall consist of the installation, dismantling, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems including the unloading, handling by hand, power equipment and installation of all piping or tubing, appurtenances and equipment pertaining thereto, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes, and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems, also all tanks and pumps connected thereto. Also included shall be CO2 and Cardox Systems, Dry Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam fire protection systems.

Work of the nature described above that is generated by the inspection or

testing of a fire protection system, but not the inspection or testing itself, is covered by this agreement.

All applicable points of the 50 Articles of Jurisdiction of the United Association shall be included (See Addendum A to this Agreement.) But the Articles of Jurisdiction do not expand the Employer or the Union’s rights under this Article.

SUBCONTRACTING: Any Employer party to this Agreement may subcontract the work as outlined in the paragraph above, provided he subcontracts to a contractor that has a Collective Bargaining Agreement with Local Union 669.

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ARTICLE 19

NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND: It is

mutually agreed that a Welfare Fund on a National Automatic Sprinkler Industry basis has been established for those employees who are covered by this Collective Bargaining Agreement.

There has been created a Board of Trustees of ten (10) members, five (5) appointed by the National Fire Sprinkler Association, Inc., and five (5) Union Trustees, three (3) appointed in accordance with Local Union 669’s Constitution and By-Laws and two (2) appointed in accordance with the National Automatic Sprinkler Industry Welfare Fund Trust Agreement.

The Board of Trustees shall administer the existing Agreement and Declaration of

Trust in accordance with Federal, State and Local laws and shall continue to take all necessary steps to carry out the legal operation of this Welfare Fund. Effective April 1, 2016, each contractor shall pay to the Fund Eight Dollars and Seventy-Seven Cents ($8.77) per hour for all hours worked by all employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement. This amount shall include Eight Dollars and Seven Cents ($8.07) for Level 1 NASI Health and Welfare Benefits and Seventy Cents ($0.70) per hour for RESA.

Effective January 1, 2017, each contractor shall pay to the Fund Nine Dollars

and Seventeen Cents ($9.17) per hour for all hours worked by all employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement. This amount shall include Eight Dollars and Thirty-Two Cents ($8.32) for Level 1 NASI Health and Welfare Benefits and Eighty-Five Cents ($0.85) per hour for RESA.

Effective January 1, 2018, each contractor shall pay to the Fund Nine

Dollars and Sixty-Seven Cents ($9.67) per hour for all hours worked by all employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement. This amount shall include Eight Dollars and Sixty-Seven Cents ($8.67) for Level 1 NASI Health and Welfare Benefits and One dollar ($1.00) per hour for RESA.

Effective January 1, 2019, each contractor shall pay to the Fund an additional Thirty-Five Cents ($0.35) per hour for all hours worked by all employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement.

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Effective January 1, 2020, the combined total of the hourly contribution rates for the NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation. Effective January 1, 2021, the combined total of the hourly contribution rates for the NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation.

Contractors may make the payments required by this Article by the electronic transfer of funds.

The Trustees of the National Automatic Sprinkler Industry Welfare Fund are authorized to enter into reciprocal agreements with Trustees of other welfare funds providing for the transfer of contributions between funds so that employees temporarily working outside their home funds’ jurisdiction will not lose credit or eligibility for benefits in their home funds. The Trustees shall determine the terms of such reciprocal agreements, the manner of crediting reciprocal contributions and all questions of eligibility based on hours worked under reciprocal agreements.

ARTICLE 20

NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND: It is mutually agreed that a Pension Fund on a National Automatic Sprinkler Industry basis has been established for those employees who are covered by this Collective Bargaining Agreement.

There has been created a Board of Trustees of ten (10) members, five (5) appointed by the National Fire Sprinkler Association, Inc., and five (5) Union Trustees, three (3) appointed in accordance with Local Union 669’s Constitution and By-Laws and two (2) appointed in accordance with the National Automatic Sprinkler Industry Pension Fund Trust Agreement.

The Board of Trustees shall administer the existing Agreement and Declaration of Trust in accordance with Federal, State and Local laws and shall continue to take all necessary steps to carry out the legal operation of this Pension Fund.

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Effective April 1, 2016, each contractor shall pay to the Fund Six Dollars and Five Cents ($6.05) per hour for all hours worked by the employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement.

Effective January 1, 2017 the contribution to the National Automatic Sprinkler

Industry Pension Fund will increase by Fifteen Cents ($0.15) to Six Dollars and Twenty Cents ($6.20).

Effective January 1, 2018, each contractor shall pay to the Fund Six Dollars

and Forty Cents ($6.40) per hour for all hours worked by the employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement.

Effective January 1, 2019, each contractor shall pay to the Fund Six Dollars

and Sixty Cents ($6.60) per hour for all hours worked by the employees who come under the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agreement.



Effective January 1, 2021, the combined total of the hourly contribution rates for the NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation.

Contractors may make the payments required by this Article by the electronic

transfer of funds.

The Trustees of the National Automatic Sprinkler Industry Pension Fund are authorized to enter into reciprocal agreements with Trustees of other pension funds providing for the transfer of contributions between funds so that employees temporarily working outside their home funds’ jurisdiction will not lose credit or eligibility for benefits in their home funds. The Trustees shall determine the terms of such reciprocal agreements, the manner of crediting reciprocal contributions and all questions of eligibility based on hours worked under reciprocal agreements.

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ARTICLE 21

NASI-LOCAL 669 INDUSTRY EDUCATION FUND: It is mutually agreed that an Apprenticeship System has been established for the purpose of providing educational training as provided by the Apprenticeship Standards.

An Educational Trust Fund has been established. There has been created a Board of Trustees consisting of six (6) members; three (3) appointed by the National Fire Sprinkler Association, Inc., and three (3) Union Trustees appointed in accordance with the Constitution and By-Laws of Local Union 669.

The duty of this Board of Trustees shall be to administer the existing Agreement and Declaration of Trust in accordance with Federal, State and Local laws and to take all necessary steps to carry out the legal operation of the above agreed Educational Fund.

Effective April 1, 2016, each contractor shall pay to the Fund Thirty-Five Cents ($0.35) per hour for all hours worked by all Journeymen and Apprentices whose wages are covered by this Collective Bargaining Agreement. Contractors may make the payments required by this Article by the electronic transfer of funds.

Effective April 1, 2017, each contractor shall pay to the Fund Thirty-Seven

Cents ($0.37) per hour for all hours worked by all Journeymen and Apprentices whose wages are covered by this Collective Bargaining Agreement. Contractors may make the payments required by this Article by the electronic transfer of funds.

Effective April 1, 2018, each contractor shall pay to the Fund Forty-Two Cents

($0.42) per hour for all hours worked by all Journeymen and Apprentices whose wages are covered by this Collective Bargaining Agreement. Contractors may make the payments required by this Article by the electronic transfer of funds.

Residential: Effective April 1, 2016, each contractor shall pay to the Fund Ten

Cents ($0.10) per hour for all hours worked under the Local 669 Residential Work provisions of Article 7A of this Collective Bargaining Agreement. Contractors may make the payments required by this Article by the electronic transfer of funds.

United Association International Training Fund: In order to carry out the functions of the International Training Fund, each contractor who is party to this Agreement shall forward to the NASI Fund Office Ten Cents ($.10) per hour for all hours worked by all Journeymen and Apprentices whose wages are covered by this Collective Bargaining Agreement, effective April 1, 2016. NASI will forward these contributions to the United Association International Training Fund.

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ARTICLE 22

ADDITIONAL FUNDS

(A) Supplemental Pension Fund: It is mutually agreed that a Sprinkler Industry Supplemental Defined Contribution

Pension Fund has been established for those employees whose wages are covered by this Collective Bargaining Agreement.

For the purpose of the support, maintenance and administration of the Fund, each contractor who is a party to this Agreement and performing work within the following states shall contribute to the Fund for all work performed by Journeymen and Class 5 through 10 Apprentices who were indentured prior to April 1, 2010 within those states in the following amounts:

Effective

4/1/2016 4/1/2017 4/1/2018

Alabama $0.50 $0.65 $0.90 Alaska $7.30 $7.45 $7.70 Arizona $4.20 $4.35 $4.60 Arkansas $1.95 $2.10 $2.35 California (1) $4.98 $5.13 $5.38 California (2) $5.00 $5.15 $5.40 California (3) $5.01 $5.16 $5.41 California (4) $4.29 $4.44 $4.69 Colorado $4.23 $4.38 $4.63 Connecticut $5.50 $5.65 $5.90 Delaware $5.70 $5.85 $6.10 District of Columbia $3.25 $3.40 $3.65 Georgia $1.50 $1.65 $1.90 Idaho $4.37 $4.52 $4.77 Illinois $3.00 $3.15 $3.40 Indiana $3.26 $3.41 $3.66 Iowa $3.25 $3.40 $3.65 Kansas $2.63 $2.78 $3.03 Kentucky $2.75 $2.90 $3.15 Louisiana $0.50 $0.65 $0.90 Maine $3.91 $4.06 $4.31 Maryland $3.25 $3.40 $3.65 Massachusetts $6.08 $6.23 $6.48 Michigan $2.75 $2.90 $3.15 Minnesota $2.50 $2.65 $2.90 Mississippi $1.18 $1.33 $1.58

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Missouri $4.18 $4.33 $4.58 Montana $3.25 $3.40 $3.65 Nebraska $3.25 $3.40 $3.40 Nevada (1) $5.56 $5.71 $5.96 Nevada (2) $5.64 $5.79 $6.04 New Hampshire $3.81 $3.96 $4.21 New Jersey $7.09 $7.24 $7.49 New Mexico $3.20 $3.35 $3.60 New York (1) $6.15 $6.30 $6.55 New York (2) $6.43 $6.58 $6.83 New York (3) $6.15 $6.30 $6.55 North Carolina $0.00 $0.00 $0.00 North Dakota $0.75 $0.90 $1.15 Ohio $4.72 $4.87 $5.12 Oklahoma $1.25 $1.40 $1.65 Oregon (District 1) $5.48 $5.63 $5.88 Oregon (District 21) $5.38 $5.53 $5.78 Pennsylvania $5.50 $5.65 $5.90 Rhode Island $5.50 $5.65 $5.90 South Carolina $1.19 $1.34 $1.59 South Dakota $0.50 $0.65 $0.90 Tennessee $0.50 $0.65 $0.90 Texas $2.25 $2.40 $2.65 Utah $2.50 $2.65 $2.90 Vermont $3.30 $3.45 $3.70 Virginia (1) $1.88 $2.03 $2.28 Virginia (2) $3.25 $3.40 $3.65

Washington (District 1) $5.48 $5.63 $5.88 Washington (District 21) $5.38 $5.53 $5.78 West Virginia $4.00 $4.15 $4.40 Wisconsin $4.09 $4.24 $4.49

Wyoming $3.88 $4.03 $4.28

Counties

1) California (1) Counties- Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Santa Stanislaus, Tulare, Tuolumne, and portion of Kern County WEST of Highway 14. 2) California (2) Counties- Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glen, Humboldt, Lake, Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba.

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3) California (3) Counties- San Bernardino, Riverside, Orange, Imperial, Inyo, Los Angeles, Mono, Ventura, and portion of Kern County EAST of Highway 14. 4) California (4) Counties- San Diego County. 5) Nevada (1) Excludes Nevada counties of Clark, Nye & Lincoln. 6) Nevada (2) Includes Nevada counties of Clark, Nye & Lincoln. 7) New York (1) Excludes the counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and Rockland, Albany, Rensselaer, Schenectady, Saratoga and Warren. 8) New York (2) Includes counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and Rockland. 9) New York (3) Includes counties of Albany, Rensselaer, Schenectady, Saratoga and Warren. 10) Virginia (1) Excludes the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick, Clarke, Stafford, Spotsylvania & City of Alexandria. 11) Virginia (2) Including the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick, Clarke, Stafford, Spotsylvania & City of Alexandria.


Effective April 1, 2017, the hourly S.I.S. Fund contribution rate shall be increased by $0.15 per hour; and effective April 1, 2018, the hourly S.I.S. Fund contribution rate shall be increased by $0.25 per hour.

For Apprentices indentured on or after April 1, 2013, there shall be no S.I.S.

Fund contributions required for Class 1 and 2 Apprentices.

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Effective April 1, 2013, there shall be no S.I.S. Fund contributions required for Class 1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5 through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in addition to wages. Effective April 1, 2017, For Apprentices Class 3 and 4 the S.I.S. rate shall be Forty cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Sixty Five Cents ($0.65) per hour worked in addition to wages. . Effective April 1, 2018, For Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty Five cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Sixty Five Cents ($0.65) per hour worked in addition to wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to wages. Effective April 1, 2019, the combined total of the wage and S.I.S. rates shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation.

Effective April 1, 2020, the combined total of the wage and S.I.S. rates shall be increased by a total of 3%. The Employers shall be given sixty (60) days prior written notice of the allocation. Under this agreement, it is agreed that a Sprinkler Industry Supplemental

(SIS) Defined Contribution Fund contribution shall be established for Residential Tradesman and Helpers pursuant to the following terms.


probationary employment, who are employed as of January 1, 2017, and thereafter, S.I.S. Fund contributions shall be required for all hours worked at the rate of Twenty-five cents ($0.25) per hour in addition to their wages.


probationary employment, who are employed as of January 1, 2018, and thereafter, S.I.S. Fund contributions shall be required for all hours worked at the rate of Thirty-five cents ($0.35) per hour in addition to their wages.

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probationary employment, who are employed as of January 1, 2019, and thereafter, S.I.S. Fund contributions shall be required for all hours worked at the rate of Fifty cents ($0.50) per hour in addition to their wages.

Contractors may make the payments required by this Article by the electronic transfer

of funds.

The contractor shall not be responsible for any expense or cost beyond this hourly contribution as set forth herein.

This Fund is created under an Agreement and Declaration of Trust by and between National Fire Sprinkler Association, Inc., and Road Sprinkler Fitters Local Union No. 669 and Local Union No. 709, Los Angeles, California; Local Union No. 483, San Francisco, California; and Local Union No. 699, Seattle, Washington.

There shall be an equal number of Association and Union Trustees appointed by the respective parties to this Agreement. It shall be a duty of the Trustees to administer the Agreement and Declaration of Trust in accordance with Federal and State Laws and to take all necessary steps to carry out the legal operation of the Fund.

The Employers bound by this Agreement do hereby join in and subscribe to the Agreement and Declaration of Trust of the Sprinkler Industry Supplemental Defined Contribution Pension Fund and agree to be bound by any amendments thereto.

(B) Industry Promotion Fund:

Effective the 1st day of April, 2016, the Employer shall pay to the National Fire Sprinkler Industry Promotion Fund a sum of money equal to Twenty-Five Cents ($0.25) per hour for each hour worked by each employee subject to this Agreement.

It is agreed by the parties to this Agreement that the contributions covered by this

Article shall not be used in any manner which would be adverse to the interests of Local Union 669. The Association agrees to meet periodically at least once a year, to discuss the use of these Funds.

It is further agreed that should any of the contributions be used in any manner which is or are adverse to the interests of Local Union 669, then the Parties to the Agreement shall meet within ten (10) days to resolve said issue.

The Employer agrees to become party to the Agreement and Declaration of Trust establishing the National Fire Sprinkler Industry Promotion Fund. It is understood and

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agreed that the Fund and Program of Benefits at all times through the life of this Agreement shall be such as to qualify for approval by the Internal Revenue Service of the United States Treasury Department and other appropriate governmental agencies, if necessary, to permit all Employers an income tax deduction for contributions paid hereunder.

ARTICLE 23

MONTHLY REPORTS: Employers party to this Agreement shall submit contributions

to the Welfare, RESA, Pension, Educational, S.I.S. and Industry Promotion Funds in accordance with rules, regulations and procedures established by the Trustees of the Welfare, RESA, Pension, Educational, S.I.S. and Industry Promotion Funds.

The Employer agrees that the Trustees of the Welfare Trust, the Pension Trust, the Educational Trust, the S.I.S. Trust, and the Industry Promotion Trust, or their designees, shall have the authority to order an audit of the payroll, wage and related records (including supporting work sheets) of the Employer for the purpose of insuring compliance with the terms of this Agreement requiring contributions to the Trust Funds.

The Employer agrees that in the event the Trustees institute or participate in legal proceedings to collect payments or contributions from an Employer, the Employer shall also be required to pay reasonable attorney’s fees, expenses of collection and interest at the highest rate permitted by the laws of the State where the legal proceeding is instituted.

Each contractor who is a subscriber to this Agreement or who desires to become a

subscriber to this Agreement shall furnish to the Union with a copy to the NFSA a cash or surety bond with a U. S. Treasury Listed Bonding Company in proportion to the average number of hours worked per month during the preceding year:

Number of Effective 4/01/2016 Reportable Hours Amount of Bond or

Per Month Irrevocable Letter of Credit 1-350 $25,000 351-900 $50,000 901-2,000 $100,000 Over 2,000 $250,000

Said bond shall expressly guarantee, in the following order of priority: (1) Wages, including dues, as required by this Agreement; (2) Welfare Fund contributions, as required by this Agreement; (3) Pension Fund contributions, as required by this Agreement;

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(4) Education Fund contributions, as required by this Agreement; (5) S.I.S. Fund contributions, as required by this Agreement; (6) Industry Promotion Fund contributions, as required by this Agreement; and (7) Liquidated Damages, interest and attorney’s fees, as established by the Trustees of the Fund.

Each such bond shall provide, that in the event an Employer rejects this Agreement in

connection with a bankruptcy proceeding, the bond shall also guarantee payments to the Welfare, Pension, S.I.S, and Industry Promotion Funds (in that order of priority), which would have been required by this Agreement, but for the Court’s Order approving rejection of the Agreement. In lieu of a bond an Irrevocable Letter of Credit from an FDIC Bank representing the correlated bond amount for the number of reportable hours worked per month shall be accepted. Any contractor who becomes signatory to this Agreement must have a bond on file with the Local within fifteen (15) calendar days of the signing of this Agreement.

Should the contractor fail to provide and maintain the bond as required, the Union shall have the right to remove the employees covered by this Agreement or take other legal economic actions against the Employer provided however, that the contractor first be given fifteen (15) calendar days written notice by the Local Union headquarters of his failure to comply.

In the event such action is taken, the Employer shall be responsible for any loss resulting there from.

Any contractor who puts up a cash bond recognizes that in order to defray the costs of maintaining an escrow account for cash bonds, any interest earnings by such bond shall be the property of the Union. A copy of the cash bond shall be provided to the National Fire Sprinkler Association.

LATE FILING CLAUSE: It is agreed that in the event the Employer is delinquent at the end of the period in the payment of his contribution to the Health and Welfare Fund, the Pension Fund, or other Funds created under this Agreement, in accordance with the rules and regulations of the Trustees of each Fund, the employees and/or the Union shall have the right to take action that may be necessary until such delinquent payments are made; provided however, that such action is subsequent to the Employer receiving notice in writing from the Welfare, Pension, Educational, S.I.S. and/or Industry Promotion Trust Fund

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Administrator that said contractor is delinquent and it is further agreed that in the event such action is taken, the Employer shall be responsible for any loss resulting therefrom.

ARTICLE 24

INCLUSION OF OTHER LOCAL UNIONS: It is mutually agreed that if the National Fire Sprinkler Association, Inc. shall agree with the other Local Unions of the United Association of Journeymen and Apprentices for the establishing of Welfare Funds and Pension Funds, in any such case the National Fire Sprinkler Association, Inc. and such other Local Unions may in writing agree that said Welfare Fund and Pension Fund shall be operated under the same provisions of this Agreement.

In any such case (a) payments of funds by the members of the National Fire Sprinkler Association, Inc. shall be made to the Trustees provided above and such payments and investments and reinvestments thereof may be commingled with any other funds (or investment or reinvestments thereof) of said Trustees.

(b) Benefits shall be paid to or established for the benefit of the employees in other Local Unions on the same basis as benefits are paid to or established for the benefit of employees covered by Local Union 669, provided that contributions and contribution periods as provided for in the Collective Bargaining Agreements entered into by the respective Local Unions are the same as that provided in this Agreement.

(c) The National Fire Sprinkler Association, Inc. and such other Local Unions shall

adopt the Trustees currently serving under the Agreement and Declaration of Trust between the National Fire Sprinkler Association, Inc. and Local Union 669 of the United Association and their successors appointed as provided in said Agreement and Declaration of Trust.

ARTICLE 25

GRIEVANCE PROCEDURE AND ARBITRATION: During the term of this

Agreement there shall be no strikes, lockouts, slowdowns, or work stoppages. However, violation by an Employer involving:

(a.) Non-payment of wages at the time due;

(b.) Issuing non-negotiable checks or checks drawn upon accounts having insufficient funds for wages, expenses or for any of the fringe contributions as required by this Agreement;

(c.) Non-payment or non-reporting of fringe contributions due and payable under this Agreement subject, however, to the late filing clause contained in Article 23;

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(d.) Failure to participate in the grievance procedure, or to abide by the decision of the Grievance Committee as set forth in Step 2 of this Article, or the Arbitrator as set forth in Step 3 of this Article; or failure to participate in the grievance-arbitration procedure when arbitration has been requested under Step 3 of this Article after Steps 1 and 2 have been exhausted;

(e.) Failure to provide or maintain in effect a bond as required by Article 23; …shall give the Union the right to remove employees from any job or jobs of the

Employer or to take other legal or economic action against the Employer, in addition to their right to use the grievance procedure.

Paragraph (d) above shall not apply to the Subcontracting clause in Article 18.

All disputes and grievances relative to the interpretation or application of this Agreement, shall be processed in the following manner:

Step 1 - The employee or Union representatives in the employee’s behalf shall within fifteen (15) working days of the occurrence of the grievance or dispute, discuss with the Employer’s representative the employee’s grievance or dispute.

If the grievance or dispute is not settled to the satisfaction of the employee,

Step 2 - The employee must, within the twenty (20) working days of the occurrence of the alleged grievance or dispute, reduce this grievance to writing, setting forth the date, time and place, section of the Agreement and relief sought with which the grievance or dispute is concerned and submit by certified mail, one (1) copy each to the Business Manager of the Local Union, the Employer and the President of the National Fire Sprinkler Association, Inc. (40 Jon Barrett Road, Patterson, New York, 12563) for discussion and possible resolution.

Step 3 - If within thirty (30) working days after referral to Step 2, the Union and Employer cannot resolve the alleged grievance or dispute, then the matter shall be referred to an Impartial Arbitrator.

If the Union and the Employer are unable to agree upon an Impartial Arbitrator within a period of ten (10) working days, then either may request the Federal Mediation and Conciliation Service to submit a list of seven (7) names. After receipt of the names of seven (7) Arbitrators, the Union and the Employer shall meet and alternate in striking three (3) names from the list, with the first strike decided by a toss of a coin.

The remaining name after the Union and the Employer have struck three (3) names from the list shall be the Impartial Arbitrator. The decision of the Impartial Arbitrator shall be final and binding on the parties to Arbitration. The duties of the Arbitrator shall be limited

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to the interpretation and application of the Agreement, and the Arbitrator shall have no powers to change or amend the Collective Bargaining Agreement.

The parties to Arbitration shall bear the expense of its witnesses and legal fees. The fees and expenses of the Arbitrator shall be paid by the loser.

The National Fire Sprinkler Association, Inc., shall have the right to participate as an intervener in any and all disputes arising under this Article.

If the Employer, Union or the National Fire Sprinkler Association, Inc. has a grievance related to the interpretation or application of this Agreement, the grievance shall be submitted to the Business Manager of the Union (7050 Oakland Mills Road, Suite 200, Columbia, Maryland 21046) and to the President of the National Fire Sprinkler Association, Inc. in writing by registered mail within thirty (30) days of occurrence of the grievance, setting forth the exact date of the grievance and the nature of the grievance for discussion and possible resolution.

If within thirty (30) days the grievance is not settled between the Union and the National Fire Sprinkler Association, Inc. or between the Union and the Employer, as appropriate, then the parties shall proceed to Arbitration as set forth in Step 3 of this Agreement.

The “work preservation” provisions of this Agreement are found in Addendum C which

is incorporated by reference herein. Disputes under the “work preservation” requirements of this Agreement shall be resolved under the standards and procedures in Addendum C, rather than the procedures above.

ARTICLE 26

Section A: Job Safety

1. The Employer and employees hereby agree to comply with all applicable Federal, State and Municipal safety and health laws and regulations, as well as the requirements of the “Authority Having Jurisdiction” on all jobs.

2. The Employer shall be responsible for determining and advising employees of hazardous shop or jobsite conditions (i.e. radiation, asbestos, toxins, carcinogenics, etc.).

3. The Employer shall be responsible for maintaining the safe condition of all tools

and equipment utilized by the employees. 4. Normally there shall be at least two (2) men on each job. The utilization of one

(1) man on a job shall be limited to those situations where conditions safely allow one (1) man to work alone (i.e., day work, emergency work and trim work where buildings are

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occupied and the employee is not exposed to excessive height or weight conditions.) It is mutually agreed that one (1) man jobs have been performed in the past under safe conditions, and provided safe conditions exist, it is reasonable and proper to assign one (1) man to a job.

5. The Employer shall furnish at no cost to the employee all safety equipment as required by applicable Federal, State and Municipal Safety and Health Laws and Regulations, as well as all equipment required by the “Authority Having Jurisdiction” on all jobs.

6. No employee shall be required to work in any area where Epoxy Resins are being applied by other crafts, nor in areas where airborne asbestos is present without being provided proper and authorized safety equipment.

7. All apprentices covered by this agreement shall obtain OSHA 30

certification as part of their ongoing apprenticeship training. OSHA Annual Training and OSHA 30 Certification should be completed by employees covered by this agreement on their own time.

Section B: Radiation Exposure

1. The Employer recognizes the need to maintain safe working conditions for the employees exposed to radiation. The Employer agrees to be bound by the rules and regulations established by the “Authority Having Jurisdiction” for safety on nuclear projects.

2. Exposure to radiation shall be kept as low as possible.

3. An employee who receives his maximum radiation exposure limits prior to the end of any regular work week (Monday through Friday) will be transferred to other suitable work without loss of pay or he shall be paid wages and fringe benefits for the week as if he had worked a full week.

ARTICLE 27

TRADE DISAGREEMENTS: Except as provided in the first paragraph of Article 25 of

this Agreement, there shall be no strikes, slowdowns, work stoppages or lockouts for any cause during the term of this Agreement. All other disputes relative to the interpretation and application of this Agreement shall be processed in accordance with Article 25 of this Agreement.

This shall not include strikes which may be called by the Local Building Trades Council

and sanctioned by the United Association, such strike and strikes to be only local in character.

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It shall not be a violation of this Agreement, and it shall not be cause of discharge or

disciplinary action, for an employee to refuse to go through any primary picket line, including a primary picket line of the Union.

ARTICLE 28

DRUG AND ALCOHOL ABUSE:

WISCONSIN PIPE TRADES DRUG AND ALCOHOL POLICY AND PROGRAM: The National Fire Sprinkler Association and Road Sprinkler Fitters Local Union 669 agree to participate fully in the Plumbing and Mechanical Contractors and Pipe Trades of Wisconsin Drug-Free Alliance program effective October 1, 2002. Any discrepancies between the Pipe Trades Program referenced herein and the Program described below shall be resolved by the terms of the Pipe Trades of Wisconsin Drug-Free Alliance program.

The NFSA and Local 669 acknowledge that the use of alcohol and illicit drugs is detrimental to the health and safety of the employees covered by this Article. It is also acknowledged that employees suffering from an alcohol or drug related problem should be afforded the opportunity to remedy their health problem. Therefore, it is hereby agreed by the parties as follows:

1. An employee shall not report for work in a condition unfit for work due to the use of alcohol, drugs, or illegal substances. Being in a condition unfit for work because of the effects of drugs, alcohol or illegal substances that impair work performance while at the jobsite is cause for disciplinary action, up to and including discharge. Employees must meet their responsibility to be fit for duty, ensuring a zero tolerance policy for substance abuse is strictly met.

2. Acceptable Means of Drug Testing. The following are the acceptable means of drug testing. If the General Contractor or owner requires drug or alcohol testing other than that provided herein, the Employer shall immediately notify the union in writing.

2A. If an Employer has “probable cause” to suspect that an employee is unfit for

work as described above, the Employer may require the employee to submit to a detection test as outlined in Paragraph 3 through Paragraph 5 to determine whether the employee is in violation of Paragraph 1. “Probable cause” means objective belief based on direct observation by a supervisor or management representative, job foreman, or other employee such that it can be described with particularity, i.e., specific facts. All such facts must be immediately reduced to writing by the supervisor, management official, job foreman, or other employee and provided to the employee and the Union. If a supervisor or management official is not “on site” to observe an employee whose performance is impaired, the job foreman or other employee shall contact the Employer by telephone immediately after the written documentation is completed.

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“On site” means the location of the job at which the employee is suspected of being

unfit for work.

Any employee operating a company motor vehicle that is involved in a motor vehicle accident during working hours or at any time if such vehicle is owned or leased by the Employer, or in a work related injury that requires medical attention, may also be required to submit to testing for drugs or alcohol at the discretion of the Employer.

2B. Any contractor may elect to institute unscheduled drug or alcohol testing, provided that it shall be at the contractor’s cost and the following conditions are adhered to:

Drug or alcohol testing shall be applicable to all employer non-bargaining unit employees, including company executives and officers.

All name selection shall be done by computer program name generation and all testing shall be done by a certified collection and testing facility.

Time spent meeting unscheduled testing requirements shall be paid work time.

2C. Any contractor may elect to institute pre-employment drug testing. The applicant shall receive an amount equal to two (2) hours wages when the applicant is subjected to pre-employment drug testing, provided the applicant does not test positive. It is understood that such payment shall not confer status as an employee on such applicant, unless the contractor actually puts such applicant to work on his payroll.

2D. An employee who leaves the company for a duration of longer than thirty (30)

days may be retested. 3. The procedure for detection of alcohol-related impairment shall be the same as

used by the State where the worksite is located and presumptive impairment shall be determined by using the State established level for a finding of driving a vehicle while intoxicated. The testing procedure for drug related impairment shall use the EMIT or similar screening test in the first instance. If an employee is not able or competent to authorize specimen collection or is in need of medical attention, medical attention shall not be delayed pending specimen collection. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative or positive for these ten drugs or classes of drugs:

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Initial Test Level nanogram/millileter

Amphetamines 1000 Barbiturates 300 Benzodiazepines 300 Cocaine 300 Methadone 300 Opiates 2000 Phencyclidine (PCP) 25 Propoxyphene (Darvon) 300 THC (marijuana and cannabinoids) 50 Methaqualones (Quaaludes) 300

The results of the test must be confirmed by the gas chromatography/mass

spectrometry method. The failure to confirm the initial finding by GC/MS shall nullify the initial screening. The types of drugs listed above are not the exclusive set of drugs for the detection of which analysis may be conducted, provided the parties are in agreement as to applicable procedures and standards for drugs not enumerated above.

4. The testing shall be conducted by a laboratory certified to perform such tests by the United States Department of Health and Human Services or any other laboratory designated by agreement of the parties. The collection of the samples shall conform to the current procedures established by HHS.

5. After any sample is collected pursuant to the provisions of this Article, the employee shall have the right to be given a portion of the sample collected for his/her own analysis. Said portion shall be clearly identified and sealed. The Employer shall also provide the employee and Union representative with a listing of the three (3) closest laboratories or testing agencies which comply with the HHS Guidelines cited above. In the event the District Business Agent is not available to be “on site” within one hour, the Union shall designate a temporary, alternate Union representative. The employee shall have the right to independent analysis at these approved facilities. Any report on the contents of the sample must contain a signed attestation that the seal was intact upon submission to the certified collection and testing facility.

6. Possession or sale of illegal drugs or other illegal substances at the worksite shall constitute independent grounds for discharge without regard to “probable cause” of unfitness for work or adverse effect upon work performance.

7. All records pertaining to investigation and assessment of an employee shall be maintained in the Employer’s possession in accordance with all laws.

8. The only permissible testing by the Employer shall be that set forth in Paragraph 2 through Paragraph 5 and to comply with the requirements of the general contractor, owner,

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or law. There shall be no random testing, no use of electronic detection devices, use of search dogs, searches of persons or vehicles or other practices not specifically mentioned in this Article. At the option of the employee or the Union, any employee tested through procedures materially different than those set forth above shall have the right, at the Employer’s cost, to be tested pursuant to procedures set forth in Paragraph 2 through Paragraph 5 and no discipline may be imposed until unfitness for work is established pursuant to Paragraph 2 through Paragraph 5.

9. This Article shall not bar any subsequent modifications of the standards and tests

promulgated by the Joint Apprenticeship Training Committee nor testing of applicants for the Joint Apprenticeship Program pursuant to procedures adopted by the Joint Apprenticeship Training Committee.

10. The following employee rights shall be provided:

(a) Before requesting an employee to undergo drug or alcohol testing, the employer shall provide the employee with a form on which to acknowledge that the employee has seen the drug and alcohol testing policy;

(b) If an employee tests positive for drug or alcohol use, the employee shall be given written notice of the right to explain the positive test and indicate any over-the-counter or prescription medication that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test;

(c) Within three (3) days after notice of a positive initial drug or alcohol test result the employee may submit information to the employer, in addition to any information already submitted under paragraph (B), to explain the result;

(d) An employee who tests positive will have four (4) working days following the date on which the employee is notified of the test result to advise the employer, in writing of the employee’s desire to request a retest at the employee’s expense, unless a retest is negative in which case it shall be at the employer’s expense.

(e) Employees may grieve actions for discipline under the Collective Bargaining Agreement.

ARTICLE 29

DURATION AND REOPENING OF AGREEMENT: This Agreement shall be effective

April 1, 2016 to March 31, 2021.

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ARTICLE 30

PROVISIONS FOR RENEWAL OF AGREEMENT: Sixty (60) days prior to April 1, 2021, written notice may be given by either party requesting a conference to prepare such alterations or amendments as may be agreed to. Failing to give such written notice, this Agreement remains in force from year to year, until written notice of sixty (60) days prior to April 1 is served. Written notice shall be sent by certified mail to the National Fire Sprinkler, Association, Inc. and to the Local Union at its National Office.

ARTICLE 31

SAVINGS CLAUSE: In accordance with the intent and agreement of the parties, the

provisions of this Collective Bargaining Agreement shall be interpreted and construed in a manner which is consistent with all applicable Federal and State laws. In the event, however, that any article or provision to this Agreement shall be declared invalid, inoperative or unenforceable by any competent authority of the executive, legislative, judicial, or administrative branch of the Federal or any State government, the Employer and the Union shall suspend the operation of such article or provision during the period of its invalidity and shall substitute, by mutual consent in its place and stead, an article or provision which will meet the objections to its validity and which will be in accord with the intent and purposes of the article or provision in question.

If any article or provision of this Agreement shall be held invalid, inoperative or unenforceable by operation of law or by any of the above-mentioned tribunals of competent jurisdiction, the remainder of this Agreement or the application of such article or provision to persons or circumstances other than those as to which it has been held invalid, inoperative and unenforceable shall not be affected thereby.

FOR THE UNION: FOR THE ASSOCIATION: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________

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_____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________

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ADDENDUM A to the


and SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND

OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA

The following is the jurisdiction of work of the United Association of Journeymen

and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada:

1. All piping, valves, computer aided drafting and/or hand detail drawing for plumbing, water, waste, floor drains, drain grates, supply, leader, soil pipe, grease traps, sewage and vent lines. 2. All piping for water filters, water softeners, water meters and the setting of same. 3. All cold, hot and circulating water lines, piping for house pumps, cellar drainers, ejectors, house tanks, pressure tanks, swimming pools, ornamental pools, display fountains, drinking fountains, aquariums, plumbing fixtures and appliances, and the handling and setting of the above mentioned equipment. 4. All water services from mains to buildings, including water meters and water meter foundations. 5. All water mains from whatever source, including branches and fire hydrants, etc. 6. All down spouts, drainage areas, soil pipe, catch basins, manholes, drains, gravel basins, storm water sewers, septic tanks, cesspools, water storage tanks, gray water, rainwater and reclaimable water collection of every type and description used for plumbing and pipefitting systems, etc. 7. All liquid soap piping, liquid soap tanks, soap valves, and equipment in bath and washrooms, shower stalls, etc. 8. All bathroom, toilet room and shower room accessories, i.e. as towel racks, paper holders, glass shelves, hooks, mirrors, cabinets, etc.

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9. All lawn sprinkler work, including piping, fittings, and lawn sprinkler heads. l0. All sheet lead lining for X-ray rooms, fountains, swimming pools or shower stalls, tanks or vats for all purposes and for roof flashings in connection with the pipe fitting industry. 11. All fire stand pipes, fire pumps, pressure and storage tanks, valves, hose racks, fire hose, cabinets and accessories, and all piping for sprinkler work of every description. 12. All block tin coils, carbonic gas piping for soda fountains and bars, etc. 13. All piping for railing work and racks of every description, whether screwed or welded. 14. All piping for pneumatic vacuum cleaning systems of every description. 15. All piping for hydraulic, vacuum, pneumatic, air, water, steam, oil, or gas, used in connection with railway cars, railway motor cars, and railway locomotives. 16. All marine piping, and all piping used in connection with ship building and ship yards. 17. All power plant piping of every description. 18. The handling, assembling, and erecting of all economizers, super-heaters, regardless of the mode or method of making joints, hangers, and erection of same. 19. All internal and external piping on boilers, heaters, tanks and evaporators, water legs, water backs and water grates, boiler compound equipment, etc. 20. All soot blowers and soot collecting piping systems. 21. The setting, erecting, and piping for all smoke consuming and smoke washing and regulating devices. 22. The setting, erecting and piping of instruments, measuring devices, thermostatic controls, gauge boards, and other controls used in connection with power, heating, refrigerating, air conditioning, manufacturing, mining, and industrial work.

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23. The setting and erecting of all boiler feeders, water heaters, filters, water softeners, purifiers, condensate equipment, pumps, condensers, coolers, and all piping for same in power houses, distributing and boosting stations, refrigeration, bottling, distilling, and brewing plants, heating, ventilating and air-conditioning systems. 24. All piping for artificial gases, natural gases, and holders and equipment for same, chemicals, minerals and by-products and refining of same, for any and all purposes, as well as all radon piping and all methane recovery systems. 25. The setting and erecting of all underfeed stokers, fuel burners, and piping, including gas, oil, power fuel, hot and cold air piping, and all accessories and parts of burners and stokers, etc. 26. All ash collecting and conveyor piping systems, including all air washing and dust collecting piping and equipment, accessories and appurtenances and regulating devices, etc. 27. The setting and erection of all oil heaters, oil coolers, storage and distribution tanks, transfer pumps, and mixing devices, and piping thereto of every description. 28. The setting, erecting and piping of all cooling units, pumps, reclaiming systems, and appurtenances, in connection with transformers, and piping to switches of every description. 29. All fire extinguishing systems and piping, valves, and computer aided drafting and/or hand detail drawing, whether by water, steam, gas, or chemical, fire alarm piping, and control tubing, etc. 30. All piping for sterilizing, chemical treatment, deodorizing, and all cleaning systems of every description, and laundries for all purposes. 31. All piping for oil or gasoline tanks, gravity and pressure lubricating and greasing systems, air and hydraulic lifts, etc. 32. All piping for power or heating purposes, either by water, air, steam, gas, oil, chemicals, geothermal, solar or any other method. 33. All piping, setting and hanging of all units and fixtures for air-conditioning, cooling, heating, roof cooling, refrigerating, ice making,

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humidifying, dehumidifying and dehydrating by any method, and the charging, testing, and servicing of all work after completion. 34. All pneumatic tube work, and all piping for carrying systems by vacuum, compressed air, steam, water, or any other method. 35. All piping to stoves, fire grates, blast and heating furnaces, ovens, driers, heaters, oil burners, stokers, and boilers and cooking utensils, etc. of every description. 36. All piping in connection with central distributing filtration treatment stations, boosting stations, waste and sewage disposal plants, central chlorination and chemical treatment work, and all underground supply lines to cooling wells, suction basins, filter basins, settling basins, and aeration basins. 37. All process piping, valves, computer aided drafting and/or hand detail drawing for refining, manufacturing, industrial, and shipping purposes of every character and description. 38. All air piping of every description. 39. All temporary piping of every description in connection with building and construction work, excavating and underground construction. 40. The laying out and cutting of all holes, chases and channels, the setting and erection of bolts, inserts, stands, brackets, supports, sleeves, thimbles, hangers (including all seismic hangers), conduit and boxes, used in connection with the pipe fitting industry. 41. The handling and setting of boilers, setting of fronts, setting of soot blowers, and attaching of all boiler trimmings. 42. All pipe transportation lines for gas, oil, gasoline, fluids and liquids, water aqueducts, water lines, and booster stations of every description. 43. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, caulked joints, expanded joints, rolled joints, or any other mode or method of making joints in connection with the pipe fitting industry. 44. Laying out, cutting, bending and fabricating of all pipe work of every description, by whatever mode or method. 45. All methods of stress relieving of all pipe joints made by every mode or

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method. 46. The assembling and erecting of tanks, used for mechanical, manufacturing or industrial purposes, to be assembled with bolts, packed or welded joints. 47. The handling and using of all tools and equipment that may be necessary for the erection and installation of all work and materials used in the pipe fitting industry. 48. The operation, maintenance, repairing, servicing, inspecting, testing, including but not limited to nondestructive examination, commissioning, renovation, upgrading, modernization, replacement and dismantling of all work installed by journeymen members of the United Association. 49. All piping for cataracts, cascades (i.e. artificial water falls), make-up water fountain, captured waters, water towers, cooling towers, and spray ponds used for industrial, manufacturing, commercial, or for any other purposes. 50. Piping herein specified means pipe made from metals, tile, glass, rubber, plastics, wood, or any other kind of material, or product manufactured into pipe, usable in the pipe fitting industry, regardless of size or shapes.

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ADDENDUM B to the




MEMBER AND LOCAL UNION RESPONSIBILITIES: To ensure the UA Standard for Excellence platform meets and maintains its goals, the Local Union Business Manager, in partnership with his implementation team, including shop stewards and the local membership, shall ensure all members:

Meet their responsibilities to the employer and their fellow workers by arriving on the job ready to work, every day on time (Absenteeism and tardiness will not be tolerated.)

Adhere to the contractual starting and quitting times, including lunch and break periods (Personal cell phones will not be used during the workday with the exception of lunch and break periods.)

Meet their responsibility as highly skilled craftsworkers by providing the required tools as stipulated under the local Collective Bargaining Agreement while respecting those tools and equipment supplied by the employer

Use and promote the local union and international training and certification systems to the membership so they may continue on the road of lifelong learning, thus ensuring UA craftsworkers are the most highly trained and sought after workers

Meet their responsibility to be fit for duty, ensuring a zero tolerance policy for substance abuse is strictly met

Be productive and keep inactive time to a minimum Meet their contractual responsibility to eliminate disruptions on the job and safely

work towards the on-time completion of the project in an auspicious manner Respect the customers' property (Waste and property destruction, such as graffiti,

will not be tolerated.) Respect the UA, the customer, client and contractor by dressing in a manner

appropriate for our highly skilled and professional craft (Offensive words and symbols on clothing and buttons are not acceptable.)

Respect and obey employer and customer rules and policies Follow safe, reasonable and legitimate management directives

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EMPLOYER AND MANAGEMENT RESPONSIBILITIES: MCAA/MSCA, PFI, MCPWB, PCA, UAC and NFSA and their signatory contractors have the responsibility to manage their jobs effectively, and as such have the following responsibilities under the UA Standard for Excellence.

Replace and return to the referral hall ineffective superintendents, general foremen, foremen, journey workers and apprentices

Provide worker recognition for a job well done Ensure that all necessary tools and equipment are readily available to employees Minimize workers' downtime by ensuring blueprints, specifications, job layout

instructions and material are readily available in a timely manner Provide proper storage for contractor and employee tools Provide the necessary leadership and problem-solving skills to jobsite Supervision Ensure jobsite leadership takes the necessary ownership of mistakes created by

management decisions Encourage employees, but if necessary, be fair and consistent with discipline Create and maintain a safe work environment by providing site specific training,

proper equipment and following occupational health and safety guidelines Promote and support continued education and training for employees while

encouraging career building skills Employ an adequate number of properly trained employees to efficiently perform

the work in a safe manner, while limiting the number of employees to the work at hand, thereby providing the customer with a key performance indicator of the value of the UA Standard for Excellence

Treat all employees in a respectful and dignified manner, acknowledging their contributions to a successful project

Cooperate and communicate with the Job Steward PROBLEM RESOLUTION THROUGH THE UA STANDARD FOR EXCELLENCE POLICY: Under the UA Standard for Excellence it is understood, that members through the local union, and management through the signatory contactors, have duties and are accountable in achieving successful resolutions. MEMBER AND LOCAL UNION RESPONSIBILITIES:

The Local Union and the Steward will work with members to correct and solve problems related to job performance.

Job Stewards shall be provided with steward training and receive specialized training with regard to the UA Standard for Excellence.

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Regular meetings will be held where the job steward along with UA Supervision will communicate with the management team regarding job progress, work schedules, and other issues affecting work processes.

The Job Steward shall communicate with the members about issues affecting work progress.

The Business Manager or his delegate will conduct regularly scheduled meetings to discuss and resolve issues affecting compliance of the UA Standard for Excellence policy.

The Steward and management will attempt to correct such problems with individual members in the workplace.

Individual members not complying with membership responsibility shall be brought before the Local Union Executive Board, which will address such members' failure to meet their obligation to the local and the UA, up to and including filing charges. The Local Union's role is to use all available means to correct the compliance problem.

EMPLOYER AND MANAGEMENT RESPONSIBILITIES:

Regular meetings will be held where the management team and UA Supervision will communicate with the Job Steward regarding job progress, work schedules, and other issues affecting the work process.

Management will address concerns brought forth by the Steward or UA Supervision in a professional and timely manner.

A course of action shall be established to allow the job Steward and/or UA Supervision to communicate with higher levels of management in the event there is a breakdown with the responsible manager.

In the event that the employee is unwilling or unable to make the necessary changes, management must make the decision whether the employee is detrimental to the UA Standard for Excellence platform and make a decision regarding his further employment. ADDITIONAL JOINTLY SUPPORTED METHODS OF PROBLEM RESOLUTION:

In the event an issue is irresolvable at this level, the Local or the Contractor may call for contractually established Labor Management meeting to resolve the issues.

Weekly job progress meetings should be conducted with Job Stewards, UA Supervision and Management.

The Local or the Contractor may involve the customer when their input is prudent in finding a solution.

Foremen, General Foremen, Superintendents and other management should be educated and certified as leaders in the UA Standard for Excellence policy.

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ADDENDUM C to the




PRESERVATION OF BARGAINING UNIT WORK

In order to protect and preserve for the employees covered by this Agreement all

work historically and traditionally performed by them, and in order to prevent any device or subterfuge to avoid the protection or preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work of the type covered by this Agreement as a single or joint Employer (which shall be interpreted pursuant to applicable NLRB and judicial principles) within the trade and territorial jurisdiction of Local 669, under its own name or under the name of another, as a corporation, sole proprietorship, partnership, or any other business entity including a joint venture, wherein the Employer (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family members) controlling or majority ownership, management or control over such other entity, the wage and fringe benefit terms and conditions of this Agreement shall be applicable to all such work performed on or after the effective date of this Agreement. The question of single Employer status shall be determined under applicable NLRB and judicial principles, i.e., whether there exists between the two companies an arm’s length relationship as found among unintegrated companies and/or whether overall control over critical matters exists at the policy level. The parties hereby incorporate the standard adopted by the Court in Operating Engineers Local 627 v. NLRB, 518 F.2d 1040 (D.C. Cir. 1975) and affirmed by the Supreme Court, 425 U.S. 800 (1976), as controlling. A joint employer, under NLRB and judicial principles, is two independent legal entities that share, codetermine, or meaningfully affect labor relations matters.

Should the Employer establish or maintain such other entity within the meaning of the preceding paragraph, the Employer is under an affirmative obligation to notify the Union of the existence and nature of and work performed by such entity and the nature and extent of its relationship to the signatory Employer. The supplying of false, misleading, or incomplete information (in response to a request by the Union) shall not constitute compliance with this section. The Union shall not unreasonably delay the filing of a grievance under this Article.

In the event that the Union files, or in the past has filed, a grievance under Article 3 of this or a prior national agreement, and the grievance was not sustained, the Union may proceed under the following procedures with respect to the contractor(s) involved in the grievance:

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Should the Employer establish or maintain operations that are not signatory to this Agreement, under its own name or another or through another related business entity to perform work of the type covered by this Agreement within the Union’s territorial jurisdiction, the terms and conditions of this Agreement shall become applicable to and binding upon such operations at such time as a majority of employees of the entity (as determined on a state-by-state, regional or facility-by-facility basis consistent with NLRB unit determination standards) designates the Union as their exclusive bargaining representative on the basis of their uncoerced execution of authorization cards, pursuant to applicable NLRB standards, or in the event of a good faith dispute over the validity of the authorization cards, pursuant to a secret ballot election under the supervision of a private independent third party to be designated by the Union and the NFSA within thirty (30) days of ratification of this Agreement. The Employer and the Union agree not to coerce employees or to otherwise interfere with employees in their decision whether or not to sign an authorization card and/or to vote in a third party election.

Particular disputes arising under the foregoing paragraphs shall be

heard by one of four persons to be selected by the parties (alternatively depending upon their availability) as a Special Arbitrator. The Arbitrator shall have the authority to order the Employer to provide appropriate and relevant information in compliance with this clause. The Special Arbitrator shall also have authority to confirm that the Union has obtained an authorization card majority as provided in the preceding paragraph. Because the practice of double-breasting is a source of strife in the sprinkler industry that endangers mutual efforts to expand market share for union members and union employers, it is the intention of the parties hereto that this clause be enforced to the fullest extent permitted by law.

Except as specifically provided above, it is not intended that this Article be the exclusive source of rights or remedies which the parties may have under State or Federal Laws

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APPRENTICESHIP STANDARDS BETWEEN ROAD SPRINKLER FITTERS LOCAL UNION NO. 669 OF THE

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE UNITED STATES AND CANADA

and NATIONAL FIRE SPRINKLER ASSOCIATION, INC.APPRENTICESHIP

STANDARDS SHALL BE REQUIRED TO BE

These Apprenticeship Standards approved this 20th day of July, 2006, and effective April 1, 2007 constitute a revision of the original Apprenticeship Standards registered by the Office of Apprentice Training, Employer and Labor Services of the Department of Labor in 1953 and revisions thereof. By registering these training standards, the Office of Apprentice Training, Employer and Labor Services certifies that they conform to labor standards necessary to safeguard the welfare of Apprentices. The DOL’s general labor standards for Apprentice Programs are set forth in Title 29, Code of Federal Regulation, Part 29.

Local application of these Apprenticeship Standards, in States having State apprenticeship agencies, may require adaptation to meet the standards of apprenticeship in such States.

PREAMBLE

Realizing the great and growing need for qualified, trained mechanics in the Sprinkler Industry in order that proper facilities for fire protection may be provided and correctly and scientifically installed both now and in the future, the National Fire Sprinkler Association, Inc. and Road Local Union No. 669 of the United Association believe we should institute a systematic vocational training of Apprentices to the end that the needs of the Industry for capable mechanics will be met and a proper balance steadily maintained.

These Apprenticeship Standards constitute a revision of the original Apprenticeship Standards registered by the Office of Apprenticeship of the U.S. Department of Labor in 1953 and revisions thereof. By registering these training standards, the Office of Apprenticeship certifies that they conform to labor standards necessary to safeguard the welfare of Apprentices. The U.S. Department of Labor's general labor standards for Apprentice Programs are set forth in Title 29, Code of Federal Regulation (CFR), Part 29.

Local application of these Apprenticeship Standards, in States having State apprenticeship agencies, may require adaptation to meet the standards of apprenticeship in such States.

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DEFINITIONS APPRENTICE (Class 1 through 10) means a person who has agreed to work at and learn Sprinkler Fitting and who is governed by a written agreement that has been approved by the Joint Apprenticeship and Training Committee and registered with the Office of Apprenticeship. APPRENTICESHIP AGREEMENT means the written Apprenticeship Agreement between the Apprentice and the Joint Apprenticeship and Training Committee acting as the Employer's agent in which the terms and conditions of Apprenticeship are set forth. Each Agreement shall contain a clause which makes these standards a part of such Agreement. Some state apprenticeship agencies may require the use of their own apprenticeship agreement forms. ASSOCIATION means the National Fire Sprinkler Association, Inc. CERTIFICATE OF COMPLETION OF APPRENTICESHIP means the Certificate issued by the Registration Agency to those registered apprentices certified and documented as successfully completing the apprentice training requirements outlined in these Standards of Apprenticeship. COLLECTIVE BARGAINING AGREEMENT means the negotiated agreement between the Road Sprinkler Fitters Local Union No. 669 and the signatory employers represented by the National Fire Sprinkler Association, Inc. that sets forth the terms and conditions of employment. COMMITTEE means the Joint Apprenticeship and Training Committee. EMPLOYER means the contractor who employs the Apprentice and who must show, to the Committee's satisfaction, that it can meet the following minimum qualifications:

(a) Be financially responsible and current in Fringe Benefit Payments. (b) Have the necessary facilities to assure effective training. (c) Employ Local 669 Journeyperson in accordance with the existing

Journeyperson-Apprentice ratio. (d) Agree to adhere to the program as set up by the Committee.

(e) Be signatory to the Local 669 Joint Apprenticeship Program Affirmative

Action Plan and Selection Procedures.

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JOURNEYPERSON means a recognized level of competency as recognized within the industry;

or An individual who has documented sufficient skills and knowledge of a trade, craft or occupation, either through formal apprenticeship or through practical on-the-job experience, and formal training. This individual is recognized by his/her employer as being fully qualified to perform the work of the trade, craft or occupation. O*NET-SOC CODE means the Occupational Information Network (O*NET) codes and titles are based on the new Standard Occupational Classification (SOC) system mandated by the federal Office of Management and Budget for use in collecting statistical information on occupations. The O*NET classification, which replaces the DOT, uses an 8-digit O*NET-SOC code. Use of the SOC classification as a basis for the O*NET codes ensures that O*NET information can be readily linked to labor market information such as occupational employment and wage data at the national, State and local levels. ON-THE-JOB LEARNING (OJL) means the tasks learned on the job in which the apprentice must become proficient before a completion certificate is awarded. The learning must be through structured, supervised work experience. PROGRAM SPONSOR means the Joint Apprenticeship and Training Committee (JATC). REGISTRATION AGENCY means the United States Department of Labor, Office of Apprenticeship. RELATED INSTRUCTION means an organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical and technical subjects related to his/her occupation. STANDARDS OF APPRENTICESHIP or STANDARDS means this entire document, including these definitions, all appendices and attachments to this document, and any future modifications or additions approved by the Registration Agency. SUPERVISOR OF APPRENTICE(S) means an individual designated by the program sponsor to supervise or have charge and direction of an apprentice.

UNION means the Road Sprinkler Fitters Local Union No. 669 of the United Association.

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SECTION I. - PROGRAM ADMINISTRATION Structure of the Joint Apprenticeship and Training Committee

(a) The Joint Apprenticeship and Training Committee (the "Committee") shall be comprised of eight (8) members of equal representation from the National Fire Sprinkler Association, Inc. and Road Sprinkler Fitters Local Union 669 of the United Association.

(b) From this Committee shall be chosen a Chairman and Secretary. When the Chairman represents the Association, the Secretary shall be from the Union and/or vice versa. The length of the term of office shall be one (1) year.

(c) The Business Manager of Local Union No. 669 and the President of the National Fire Sprinkler Association, Inc. shall be ex-officio members of the Joint Apprenticeship and Training Committee.

(d) Technical Assistance-such as that from the U.S. Department of Labor, Office of Apprenticeship, State Apprenticeship Agencies, and vocational schools -- may be requested to advise the Committee. Administrative Procedures

(a) The voting strength of the Committee shall be equally divided between the Association and the Union representatives. The division of the vote among such groups shall be determined by the number of members of each group.

(b) The Chairman and the Secretary shall retain the right of voice and vote on all matters coming before the Committee.

(c) The Committee shall meet at least three (3) times per year. The date, time and place of the meeting shall be determined by the Committee. The Chairman or any four (4) members of the Committee have the authority to call and establish the date of special meetings.

(d) Four (4) members of the Committee shall be deemed necessary to establish a quorum for an official meeting of the Committee, two (2) representing each group. No meeting of the Committee shall be considered official unless both groups are represented.

(e) The Committee shall establish such additional rules and regulations governing its administrative procedures as are required.

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Responsibilities of the Joint Apprenticeship and Training Committee

(a) To determine the need for Apprentices.

(b) To determine the adequacy of an Employer to give proper training.

(c) To place Apprentices under written Apprenticeship Agreements.

(d) To establish minimum standards of education and experience required of Apprentices.

(e) To approve Apprenticeship Agreements and to submit these Agreements for registration to the Registration Agency.

(f) To determine the quality and quantity of experience on the job which Apprentices must have and to be reasonably responsible for their obtaining it.

(g) To hear and adjust all complaints of violation of Apprenticeship Agreements.

(h) To arrange tests for determining the Apprentices' progress in manipulative skill and technical knowledge (technical knowledge to be obtained from written reports, manipulative skill to be determined by Employer's reports).

(i) To maintain a record of each Apprentice, for at least five (5) years, showing education, experience and progress in learning the trade.

(j) To make an annual report covering the work of the Joint Apprenticeship and Training Committee to the Employer, the Union, and the Registration Agency.

(k) To notify the Registration Agency of all terminations or cancellations of Agreements.

(l) Upon satisfactory completion of the term of the Apprenticeship the Committee shall recommend to the Registration Agency that a Certificate of Completion be awarded.

(m) To be responsible in general for the successful operation of these Standards by performing the duties here listed, by cooperating with public and private agencies which can be of assistance, by obtaining publicity, in order to develop the support of the public in Apprenticeship and by keeping in constant touch with all parties concerned - Apprentices, Employers and Journeyperson(s). To cooperate with the National Fire Sprinkler Association and Road Sprinkler Fitters Local Union 669 in carrying out the provisions of Collective Bargaining Agreement.

(n) To carry out policies and procedures as directed by the Board of Trustees.

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(o) Expenses incurred by the Committee in carrying out the provisions of these

Standards shall be paid by the National Automatic Sprinkler Industry Local Union 669 Education Fund. No extraordinary expenses shall be incurred by the Committee without prior approval of the Association and the Union. SECTION II. - EQUAL OPPORTUNITY PLEDGE - Title 29 CFR 29.5(b) (20) and 30.3(b)

The recruitment, selection, employment and training of Apprentices shall be without discrimination because of race, color, religion, national origin or sex. The Employer will take affirmative action to provide equal opportunity in apprenticeship and will operate the Apprenticeship Program as required under Title 29 of the Code of Federal Regulations (CFR), Part 30, as amended. The affirmative action program, with required implementation, for the selection of Apprentices shall be the one prepared by the Committee. SECTION III. - AFFIRMATIVE ACTION PLAN - Title 29 CFR 29.5(b) and 30.4

The Committee will adopt an Affirmative Action Plan and Selection Procedures as required under Title 29, CFR Part 30. It will be attached as Appendix C. SECTION IV. - QUALIFICATIONS FOR APPRENTICESHIP - Title 29 CFR 29.5(b) (10)

Qualifications for apprenticeship will be in accordance with the procedures made a part of these Standards (Appendix D). SECTION V. - SELECTION OF APPRENTICES - Title 29 CFR 30.5

Selection into the apprenticeship program will be in accordance with the selection procedures made a part of these Standards (Appendix D).

SECTION VI. - APPRENTICESHIP AGREEMENT - Title 29 CFR 29.5(b) (11)

The Apprentice shall sign an Apprenticeship Agreement (Appendix B) with the Committee. This Agreement shall be registered with the Registration Agency. Every Apprenticeship Agreement entered into under these Standards shall contain the provision making terms and conditions of the Standards a part of the Apprenticeship Agreement. The following shall receive copies of the Apprenticeship Agreement:

(a) The Employer (b) The Joint Apprenticeship and Training Committee

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(c) The Office of Apprenticeship

(d) The Apprentice

Parties to the Apprenticeship Agreement may consult with the Registration Agency

for an interpretation of any provision of the Standards over which differences occur. SECTION VII. - RATIO OF APPRENTICES TO JOURNEYPERSON - Title 29 CFR 29.5(b) (7)

The ratio of Apprentices to Journeyperson shall be in accordance with the ratio established under the Collective Bargaining Agreement and contained in Appendix A. SECTION VIII. - TERM OF APPRENTICESHIP - Title 29 CFR 29.5(b) (2)

The term of Apprenticeship shall consist of five (5) years. The Apprentice shall serve and complete the Apprenticeship with the Employer to whom apprenticed except as herein provided.

SECTION IX. - PROBATIONARY PERIOD - Title 29 CFR 29.5 (b) (8), (b)(19)

The first six (6) months of employment after the signing of the Apprenticeship Agreement shall be the probationary period. The Apprenticeship Agreement may be terminated during the probationary period or extended probationary period, if one is imposed, by either party without stated cause.

Before the end of the probationary period, the Committee shall make a thorough

review of the Apprentice's ability, attitude and development. Any Apprentice found to be unsatisfactory shall be retained on probation an additional sixty (60) days and re-evaluated. An Apprentice found to be inadequate on re-evaluation shall be dropped from the Program. An Apprentice who satisfactorily completes the probationary period will be considered a Class 2 Apprentice, initiated into Local Union No. 669 as a Building Trades Apprentice and enrolled in the Related Training Program.

After the probationary period, the Apprenticeship Agreement may be canceled at the request of the Apprentice or may be suspended, canceled, or terminated by the Committee for good cause. Such removal by the Committee shall cancel the classification of the Apprentice and the opportunity to complete the training. The Registration Agency shall be notified of such cancellations.

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SECTION X. - HOURS OF WORK The hours of work for Apprentices and conditions associated therewith shall be in accordance with the present and subsequent labor agreement in effect. SECTION XI. - APPRENTICE WAGE PROGRESSION - Title 29 CFR 29.5(b) (5)

Apprentices will be paid a progressively increasing schedule of wages during their apprenticeship based on the acquisition of increased skill and competence on the job and in related instruction. Before an apprentice is advanced to the next segment of training or to Journeyperson status, the Committee will evaluate all progress to determine whether advancement has been earned by satisfactory performance in their OJL and in related instruction courses. In determining whether satisfactory progress has been made, the Committee will be guided by the work experience and related instruction records and reports. The progressive wage schedule will be an increasing percentage of the Journeyperson wage rate as established in the Collective Bargaining Agreement. The percentages that will be applied to the applicable Journeyperson rate are shown on the attached Work Processes and Related Instruction Outline (Appendix A). In no case will the starting wages of apprentices be less than that required by any minimum wage law which may be applicable. SECTION XII. - CREDIT FOR PREVIOUS EXPERIENCE - Title 29 CFR29.5 (b) (12) and 30.4(c) (8)

A candidate for Apprenticeship with previous experience in, or related to, the trade can request that such experience be evaluated by the Committee. This request should be made at the time of application. Where such experience warrants it, the Committee will place the Apprentice in the appropriate wage period, and such advanced credit shall be subject to review prior to the Apprentice's next advancement. SECTION XIII. - WORK EXPERIENCE - Title 29 CFR 29.5(b) (3) and 30.8

(a) The Apprentice shall be given such instruction and experience in all branches of the trade, as is necessary to develop a practical and skilled mechanic. The Apprentice shall also be given experience on all new equipment, materials and substitutes that may be installed on the job and also training in safety practices to avoid personal injuries and property damage.

(b) The Committee shall undertake to keep the Apprentice at work at the trade continuously, except in case of strike, lockout, sickness or other unavoidable causes, unsatisfactory completion of related training courses, or by action of the Committee. When an Employer discharges an Apprentice, the Employer shall immediately notify the Committee in writing, giving the name of the Apprentice and the reason for discharge. Disposition of such an Apprentice shall be made by the Committee within sixty (60) days

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of receipt of notice of discharge. In case of dissatisfaction between the Employer and the Apprentice, either party has the right and privilege of appeal to the Committee for such action and adjustment of such matters as come within the Standards.

(c) Except as provided in Article 16 in the Agreement between the National Fire Sprinkler Association, Inc. and Local Union 669 when an Apprentice is temporarily laid off because of business conditions, the Apprentice shall be reinstated before any additional Apprentices are employed. It is agreed that any Apprentice, who is laid off due to the return from military or from naval service of an Apprentice who has priority rights, shall be given the first opportunity available in any shop to complete the Apprenticeship. An Apprentice, suspended for any reason, when reinstated shall complete the work set up in the training schedule before the work of the next period may be started.

(d) When an Apprentice is laid off due to lack of work the Employer shall give as much advance notice of said layoff as possible to the Director of Apprenticeship.

(e) When an Apprentice is terminated from employment the Apprentice shall immediately notify the Director of Apprenticeship. SECTION XIV. - RELATED INSTRUCTION - Title 29 CFR 29.5(b) (4)

Each Apprentice shall be required to participate in the correspondence study program devoted to subjects related to the trade which has been developed by the Committee. Hours of related training shall be no less than 144 hours per year. Class 1-4 Apprentices will be provided with broad general knowledge. The training of Class 5-10 Apprentices will be concentrated on the specific skills required of the sprinkler trade mechanic. Apprentices will not be paid for time devoted to related instruction.

Any apprentice who fails to complete any of the related instruction classes upon schedule, unless officially excused, will be required to complete all course work missed before being advanced to the next period of training. Where an apprentice fails, without due cause, to fulfill his or her obligations regarding related instruction or on the job learning, the Committee will take appropriate disciplinary action and may suspend or terminate the Apprenticeship Agreement after due notice to the apprentice and opportunity for corrective action. SECTION XV. - SAFETY AND HEALTH TRAINING - Title 29 CFR 29.5(b) (9)

The Employer shall instruct the Apprentice in safe and healthful work practices and shall ensure that the Apprentice is trained in facilities and other environments that are in compliance with either the Occupational Safety and Health Standards promulgated by the Secretary of Labor under Public Law 91-596, dated December 29, 1970, and subsequent amendments to that law, or State standards that have been found to be at least as effective as the Federal standards.

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SECTION XVI. - SUPERVISION OF APPRENTICES - Title 29 CFR 29.5(b) (14)

(a) During the entire term of Apprenticeship, the Apprentices shall be under the jurisdiction and control of the Joint Apprenticeship and Training Committee, and the Committee shall have the authority to protect their welfare and also to instruct, direct and discipline at all times.

(b) Each Employer who employs Apprentices in accordance with these Standards shall, with the advice and assistance of the Committee, be responsible for each Apprentice's work experience on the job and the recording of same on the record form adopted for this purpose. It shall be the Employer's duty to see that this form is complete in every detail and forwarded to the Committee at the proper time for the Committee's information and record.

(c) The Committee may request interested agencies or organizations to designate a person or persons to serve as consultants. Consultants will be asked to participate without vote in conference on special problems relating to Apprenticeship Training which affect the agencies they represent. If any fees are to be paid to consultants, approval must be obtained in advance from the National Fire Sprinkler Association, Inc. and Local Union No. 669. SECTION XVII. - RECORDS AND EXAMINATIONS - Title 29 CFR 29.5(b) (6)

It will be the duty of the Employer and the instructor to make periodic reports on the progress of each Apprentice. The Committee shall keep a record of the progress of each Apprentice, and reports from the Employer as well as the instructor shall be scrutinized semi-annually. If the Committee is satisfied with the progress being made by the Apprentice, a notice will be forwarded to the Employer which will advance the Apprentice to the next period. These reports must show if the agreed conditions are being fulfilled by both parties to this contract, whether the Apprentices are being held back or if they are to advance in different processes of the trade, and if Apprentices are negligent and incapable of becoming competent workers. In cases of failure on the part of the Apprentice to fulfill obligations as to schooling, diligence or application to the work, or conduct, the Agreement may be suspended or revoked and the Employer hereby agrees to carry out the instructions of the Committee in this responsibility. The Apprentice hereby agrees to abide by any such determination of the Committee.

The Committee may also discipline an Apprentice by postponing advancement from one period of training to the next or by temporarily removing the Apprentice from the job, causing loss of employment.

Before invoking any disciplinary action, the Committee must notify the Apprentice by certified mail. If the Apprentice fails to show satisfactory cause for on-the-job actions

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or fails to correct Related Instruction delinquencies within the specified time, disciplinary action may be invoked. SECTION XVIII. - MAINTENANCE OF RECORDS - Title 29 CFR 29.5(b) (22)

The Committee will maintain for a period of five (5) years from the date of last action all records relating to apprentice applications (whether selected or not), the employment and training of Apprentices, and any other information relevant to the operation of the program. This includes, but is not limited to, records on the recruitment, application, and selection of Apprentices, and records on the Apprentice's job assignments, promotions, demotions, layoffs, terminations, rate of pay, or other forms of compensation, hours of work and training, evaluations, and other relevant data. The records will permit identification of minority and female (minority and non-minority) participants. These records will be made available on request to the Registration Agency. SECTION XIX. - CERTIFICATE OF COMPLETION OF APPRENTICESHIP - Title 29 CFR 29.5(b) (15) Upon the successful completion of the terms of Apprenticeship under these Standards, the Apprentice shall be issued a Certificate of Completion of Apprenticeship signed by the officers of the Committee and countersigned by the Office of Apprenticeship Training, Employer and Labor Services and shall be a Journeyperson. SECTION XX. - NOTICE TO REGISTRATION AGENCY - Title 29 CFR 29.5(b) (18)

The Registration Agency will be notified promptly of all new apprentices to be registered, credit granted, suspensions for any reason, reinstatements, extensions, modifications, completions, cancellations, and terminations of Apprenticeship Agreements and causes. SECTION XXI. - CANCELLATION AND DEREGISTRATION - Title 29 CFR, 29 .5(b) (17)

A program may be deregistered (1) by a voluntary request of the sponsor for cancellation, or (2) by the Office of Apprenticeship Training, Employer and Labor Services, DOL, for reasonable cause. In the latter case, OA will institute formal deregistration proceedings in accordance with the requirement of Title 29 of the Code of Federal Regulations Part 29. Upon deregistration of a program the sponsor must inform in writing each Apprentice within fifteen (15) days, in compliance with Title 29, Part 29.7 of the Code of Federal Regulations.

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SECTION XXII. - AMENDMENTS OR MODIFICATIONS - Title 29 CFR 29.5(b) (17)

These Standards have the official approval of the Association and the Union. They are subject to the approval of the Registration Agency.

These Standards may be revised by the parties to the Collective Bargaining Agreement subject to the approval of the Registration Agency. No such modifications or changes shall affect executed Apprenticeship Agreements without the written consent of all parties to the Agreement. Any such amendment of modification will be submitted to the Committee for approval and will then be submitted to the Registration Agency. SECTION XXIII. - ADJUSTING DIFFERENCES/COMPLAINT PROCEDURE - Title 29 CFR 29.5(b) (21) and 30(11)

The Committee will have full authority to supervise the enforcement of these Standards. Its decision will be final and binding on the employer, the union, and the apprentice, unless otherwise noted below.

If an applicant or an Apprentice believes an issue exists that adversely affects his/her participation in the apprenticeship program or violates the provisions of the Apprenticeship Agreement or Standards, relief may be sought through one or more of the following avenues, based on the nature of the issue:

Title 29 CFR 29.5 (b) (21)

For issues regarding wages, hours, working conditions, and other issues covered by the Collective Bargaining Agreement, Apprentices may seek resolution through the applicable Grievance and Arbitration procedures contained in the Articles of the Collective Bargaining Agreement.

The Committee will hear and resolve all complaints of violations concerning

the Apprenticeship Agreement, and the registered Apprenticeship Standards, for which written notification is received within fifteen (15) days of violations. The Committee will make such rulings as it deems necessary in each individual case and within thirty (30) days of receiving the written notification. Either party to the Apprenticeship Agreement may consult with the Registration Agency for an interpretation of any provision of these Standards over which differences occur. The name and address of the appropriate authority to receive, process and make disposition of complaints is: The Director of Training, Local 669 Joint Apprenticeship and Training Committee, 7050, Oakland Mills Road, Suite 100, Columbia, Maryland 21046.

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Title 29 CFR 30.11

Any Apprentice or applicant for apprenticeship who believes that he/she has been discriminated against on the basis of race, color, religion, national origin, or sex, with regard to apprenticeship or that the equal opportunity standards with respect to his/her selection have not been followed in the operation of an apprenticeship program, may personally or through an authorized representative, file a complaint with the Registration Agency or, at the apprentice or applicant's election, with the private review body established by the program sponsor (if applicable).

The complaint will be in writing and will be signed by the complainant. It

must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances of the failure to apply equal opportunity standards.

The complaint must be filed not later than one hundred eighty (180) days

from the date of the alleged discrimination or specified failure to follow the equal opportunity standards, and in the case of complaints filed directly with the review body designated by the program sponsor to review such complaints, any referral of such complaint by the complainant to the Registration Agency must occur within the time limitation stated above or thirty (30) days from the final decision of such review body, whichever is later. The time may be extended by the Registration Agency for good cause shown.

Complaints of harassment in the apprenticeship program may be filed and

processed under Title 29, CFR, Part 30, and the procedures as set forth above.

The Committee will provide written notice of their complaint procedure to all applicants for apprenticeship and all apprentices.

SECTION XXIV. - COLLECTIVE BARGAINING AGREEMENT

No provisions in these Standards will be construed as permitting violation of any applicable, State or Federal laws or regulations.

Nothing in these Standards will be interpreted as being inconsistent with an existing or subsequent Collective Bargaining Agreement establishing higher standards, or meant to interfere with or abridge management's rights as vested to them under the Collective Bargaining Agreement.

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SECTION XXV. - TRANSFER OF TRAINING OBLIGATION - Title 29 CFR 29.5(13)

The Committee may transfer an Apprentice from one employer to another to provide continuous employment and to assure the Apprentice more complete on-the-job learning experience in all aspects of the occupation.

Where it is found impossible for one Employer to provide the diversity of experience necessary to give the Apprentice all-around training in the trade, the Committee may transfer the Apprentice temporarily or permanently, to another Employer, in which case the Employer to whom the Apprentice is assigned will assume all obligations of the original Employer, but in no case shall an Apprentice be transferred to a shop where there is a labor dispute. SECTION XXVI. - RESPONSIBILITIES OF THE APPRENTICE

The Apprentice shall: (a) Perform diligently and faithfully the work of the trade, and perform such

other pertinent duties as may be assigned in accordance with the provisions of the registered Standards.

(b) Respect the property of the Employer and abide by the working rules and regulations of the Employer, the Local Union, and the Committee.

(c) Complete satisfactorily the required instruction in subjects related to the trade, as provided under these registered Standards.

d) Maintain such records of on-the-job training and related instruction as may be required by the Committee.

(e) Develop safe working habits, and work in such manner as to assure their safety and that of other workers.

(f) Conduct him- or herself at all times in a credible, ethical, and moral manner. SECTION XXVII. - CONSULTANTS/TECHNICAL ASSISTANCE

Technical Assistance such as that from the United States Department of Labor, Office of Apprenticeship, State Apprenticeship Agencies, and vocational schools may be requested to advise the Committee.

The Committee is encouraged to invite representatives from industry, education,

business, private and/or public agencies to provide consultation and advice for the successful operation of their training program.

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WORK PROCESSES AND RELATED INSTRUCTION OUTLINE

This schedule is attached hereto and made a part of these Revised National

Standards of Apprenticeship developed by the National Automatic Sprinkler Industry Local Union 669 Education Fund. 1. TERM OF APPRENTICESHIP

The term of Apprenticeship shall consist of five (5) years, with an OJL attainment of 10,000 OJL Hours supplemented by the required hours of related instruction. The Apprentice shall serve and complete the Apprenticeship with the Employer to whom apprenticed except as herein provided. 2. RATIO OF APPRENTICES TO JOURNEYPERSON

Employers employing Apprentices under the terms and conditions of these Standards shall be allowed one (1) Apprentice for each Journeyperson. No Apprentice may be employed on a job where there are no Journeymen employed.

Each Employer shall report semi-annually on January 1 and July 1 to the Committee the number of Journeyperson and Apprentices working for them. 3. APPRENTICE WAGE SCHEDULE

Apprentices shall be paid a progressively increasing schedule of wages based on a percentage of the current Journeyperson wage rate as contained in the Collective Bargaining Agreement. The applicable wage schedule is as follows:

Class 1: 45% Class 6: 70% Class 2: 50% Class 7: 75% Class 3: 55% Class 8: 80% Class 4: 60% Class 9: 85% Class 5: 65% Class 10: 90%

4. SCHEDULE OF WORK EXPERIENCE

The work experience schedule below is to be used as a guide to the various types of work to be performed and the basic skills to be learned.

SKILL AREA ** Rec. Hrs. Rec.% Max. Hrs. (a) Installation Overhead Piping 5,000 50.0 7,000

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(b) Installation system 1,250 12.5 1,750 controlling valves, Controlling devices & alarms (c) Installation Underground Piping 1,000 10.0 1,400 (d) Installation System Supply 875 8.75 1,225 (e) Repair & remodeling work 1,875 18.75 2,625 10,000 100.00 14,000 **To ensure a well rounded Journeyperson, an Apprentice is restricted to maximum of 2,500 hours welding. Welding experience may be either in the field or in a fabrication shop.

It is understood and agreed that adoption of the foregoing Apprentice wage structure shall not result in a decrease in the wage rate of any existing Apprentice.

Notwithstanding the percentages above, the total of the wage rate plus any SIS

contributions for the Apprentice shall be a minimum of $7.50 per hour.

Effective upon ratification of this agreement, through December 31, 2016, NASI Health and Welfare contributions shall be made on behalf of Class 1 and 2 Apprentices at Seven Dollars Forty-Five Cents ($7.45) per hour for Level 2 coverage. This amount shall include Seven Dollars and Eight Cents ($7.08) for Level 2 NASI Health and Welfare benefits and Thirty-Seven Cents ($0.37) per hour for RESA.

Effective January 1, 2017, NASI Health and Welfare contributions for

Level 2 coverage shall be Seven Dollars and Sixty Cents ($7.60) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08) per hour for Level 2 coverage and Fifty-Two Cents ($0.52) per hour for RESA.

Effective January 1, 2018 and through the remainder of this

agreement, NASI Health and Welfare contributions for Level 2 coverage shall be Seven Dollars and Seventy-Five Cents ($7.75) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08) per hour and Sixty-Seven Cents ($0.67) per hour for RESA.

Effective April 1, 2016, NASI Health and Welfare contributions will be made as

required in Article 19 for Class 3 through 10 Apprentices.

Education and Industry Promotion Fund contributions shall be made on behalf of Apprentices as required by Articles 21 and 22 of this Agreement.

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Effective April 1, 2016, NASI Pension Fund contributions will be made for all hours worked by all Apprentices except for Class 1 and 2 Apprentices.


For Apprentices indentured on or after April 1, 2010 and prior to April 1, 2013, S.I.S. Fund contributions shall be required for all hours worked by Class 1 through 10 at the rate per the JATC S.I.S. chart in addition to their wages.

Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for

Class 1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5 through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in addition to wages. Effective April 1, 2017, For Apprentices Class 3 and 4 the S.I.S. rate shall be Forty cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Sixty Five Cents ($0.65) per hour worked in addition to wages. . Effective April 1, 2018, For Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty Five cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is Two Dollars ($2.00) or less, the S.I.S. contribution shall be Sixty Five Cents ($0.65) per hour worked in addition to wages. Class 5 through 10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00), the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to wages.

RATIO OF APPRENTICES TO JOURNEYMEN: Employers employing Apprentices under the terms and conditions of this Article shall be allowed one (1) Apprentice to the first Journeyman and one (1) Apprentice to each Journeyman thereafter. No Apprentice may be employed on a job where there are no Journeymen employed.


Apprentice per each Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.

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Parties to the Apprenticeship Agreement may consult with the Office of Apprenticeship for an interpretation of any provision of the Standards over which differences occur. 5. SCHEDULE OF RELATED INSTRUCTION

A brief description of each course in the Sprinkler Fitter Apprentice Training Program is provided here. This list of courses is subject to change as courses are revised and new courses are added. An Apprentice who enters the apprenticeship program with advanced standing may not be required to complete the entire sequence of courses.

First year courses:

Job Safety and Health - 8 lessons, final exam; computer graded. The course includes the textbook Job Safety and Health for the Piping Industry, and covers the Occupational Safety and Health Act, safe use of tools, workplace hazards such as falls, fires and radiation, as well as how to protect yourself from these dangers. The course teaches the Apprentices about their right to work in an environment free of recognized hazards and provides information on what to do if that right is in doubt.

Your Heritage and Future in the Pipe Trades - 6 lessons, no final exam; computer graded.

This course is a general introduction into how pipe-trades apprentices move up in their careers. The Apprentice is taught how a contractor obtains jobs, as well as the outlook for future growth of the pipe trades.

Use and Care of Tools - 11 lessons, final exam; computer graded. The Apprentice is taught safety precautions as well as the care and uses of pipe

wrenches, vises, pipe cutters, reamers, power equipment, tools for fabricating tubes, layout and measuring tools, screw-drivers, pliers, hammers, saws, files, punches, chisels, drills and bores, screw threads, ladders, scaffolds, and hoists, are covered.

Basic Drawing for the Sprinkler Fitter - 11 lessons, final exam; instructor graded.

The Apprentice is introduced to blueprint reading, multi-view drawings, size and location dimensioning, scales, sketches and isometric drawings.

Second year courses:

Introduction to Automatic Sprinklers – 11 lessons, final exam; computer graded.

This course presents the history of sprinkler systems, building preparation, fundamentals of sprinkler installation, testing and flushing, and causes of the failure of

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sprinkler systems to operate properly. Fire insurance companies and related organizations are discussed.

Reading Automatic Sprinkler Piping Drawings - 11 lessons, final, exam; computer graded.

This course teaches the Apprentice how to read sprinkler-piping drawings, including conventional symbols, and the standard types of drawings used by the sprinkler industry are explained.

Sprinkler Systems Calculations - 16 lessons, 1 mid-course review, final exam;

instructor graded. This course teaches the Apprentice mathematical concepts such as how to use a

TI-36x calculator in solving problems of sprinkler system installation.

Third year courses:

Installation of Sprinkler Systems- 14 lessons, final exam; computer graded. This course includes the textbook, Installation of Sprinkler Systems, by the

National Fire Protection Association, and a video. The course instructs the Apprentice on regulations governing design, installation, and testing of systems as well as on piping and related material, sizes, arrangement, and connections to fire department.

The Automatic Sprinkler - 14 lessons, final exam; computer graded. This course teaches the Apprentice about construction, operation, water

distribution, discharge capacities, temperature rating, life, corrosion, and maintenance of automatic sprinklers. In addition, the Apprentice learns about the various types of sprinklers and their uses.

Architectural Working Drawings for Sprinkler Fitters - 11 lessons, final exam; graded by the instructor.

This course teaches the Apprentice how to read working drawings used in the building trades. Various types of drawings are discussed. A major portion of the course is devoted to detailed study of a set of working drawings.

Fourth year courses:

Blueprint Reading for the Sprinkler Fitter - 11 lessons, final exam. Lessons 1 and 2 are graded by the instructor; the remaining lessons are computer graded.

This course teaches the Apprentice simple sketching and reading of isometric drawings, piping and equipment symbols and nomenclature, flow-sheets, orthographic drawings, and construction blueprints. Nine lessons of this course are devoted to the reading of very detailed drawings of a coal-fired electric power plant.

Sprinkler System Water Supply – 11 lessons, final exam; computer graded.

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This course teaches the Apprentice about the various types of sprinkler water supply, fire pumps, gravity tanks, pressure tanks, and embankment tanks. Tank foundations, pipe connections, fittings, and heating equipment are described. Information on vertical-shaft turbine pumps, electric and engine valve controls, and diesel engine drives is included.

Types of Fire Protection Systems - 14 lessons, final exam; computer graded. This course teaches the Apprentice about the similarities and differences among

the various types of fire protection, including wet-pipe systems and antifreeze solutions, dry-pipe systems, pre-action systems and deluge systems, systems with non fire-protection connections, combined sprinkler-standpipe systems, foam-water systems, and both high- and low-pressure carbon dioxide systems.

Fifth year courses:

Special Application Sprinkler Systems - 11 lessons, final exam; computer graded.

This is a technical course in which the Apprentice deals specifically with rate-of-rise systems and pilot line actuated systems. Although all aspects of such systems are not considered in this course, the Apprentice should be able to work with any system he or she may encounter.

Hydraulics for the Sprinkler Apprentice - 5 lessons, final exam; computer graded.

This course teaches the Apprentice about pressure, total force, specific gravity, specific density, pressure generation, flow rate, sprinkler system design, pressure losses, and calculated systems.

Sprinkler System Alarms - 5 lessons, final exam; computer graded. This course teaches the Apprentice about alarm check-valve and retarding

chambers; waterflow indicators; alarms for dry-pipe, pre-action, and deluge systems; waterflow switches; water motor alarms; protective signaling systems; fire-sensitive devises; and supervision of sprinkler systems.

Economics of the Sprinkler Industry - 8 lessons, final exam; computer graded. In this course, the Apprentice reviews the economics of the sprinkler industry.

Some of the topics covered are capital, labor, management, the profit motive, cost accounting, overhead, investment, assets, depreciation, income, profit, break-even points, estimating, financing, interest, corporations, and partnerships.

Human Relations - 11 lessons, final exam; computer graded. This course acquaints the Apprentice with the basics of human behavior in the workplace. Topics covered are the duties and responsibilities of the foreman; planning the work; the foreman's responsibility for training; giving orders, directions, and suggestions properly;

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keeping records and writing reports; operational costs; other phases of communications; safety; improving work methods and procedures; and getting the job done right.

Technical Reports - 5 lessons, final exam; instructor graded. This course teaches the Apprentice good practices for recordkeeping and

reporting. Through the course, the Apprentice learns why written reports are required, the characteristics of a good report, and how to fill in typical report forms such as accident reports and daily time and material reports.

AFFIRMATIVE ACTION PLAN SECTION I - PREAMBLE In order to conform with title 29, Code of Federal Regulations (CFR) Part 30 - Equal Employment Opportunity in Apprenticeship, the Local 669 Joint Apprenticeship and Training Committee, hereinafter referred to as the "JATC", enters this Plan with good faith for the purpose of promoting equality of opportunity into its registered Apprenticeship Program. The JATC seeks to increase the recruitment of qualified women and minorities for possible selection into the Apprenticeship Program in the event females and/or minorities are underutilized in the Apprenticeship Program. This Plan is a supplement to the Local 669 JATC Apprenticeship Standards. Any changes to the Standards made by the JATC shall become part of this written Plan, once approved by the Office of Apprenticeship, U.S. Department of Labor. SECTION II - EOUAL EMPLOYMENT OPPORTUNITY PLEDGE The recruitment, selection, employment, and training of apprentices during their apprenticeship shall be without discrimination because of race, color, religion, national origin, or sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under title 29 of the Code of Federal Regulations part 30. SECTION III - UTILIZATION AND ANALYSIS, GOALS AND TIMETABLES In order to allow positive recruitment and full utilization of minorities and women in the apprenticeship program, the JATC pledges to undertake the outreach efforts listed in Section IV. The purpose of the analysis is to determine the minority and women's labor force in the JATC labor market area. Once the labor force is determined, the JATC can determine if deficiencies exist in terms of underutilization of minorities and/or women in the occupations registered with the Registration Agency. SECTION IV - RECRUITMENT AND OUTREACH

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1. Every six months, the Compliance Officer will send to community outreach organizations and facilities which can assist in securing qualified minority and female applicants, throughout the area of the country covered by the Apprenticeship Standards between the Union and the National Fire Sprinkler Association announcements of apprenticeship opportunities and information concerning signatory contractors operating within the outreach organizations geographical area. 2. In addition to the notifications to minority groups and female referral organizations referenced above, the Compliance Officer will semi-annually notify the following:

a. The Office of Apprenticeship and the State Apprenticeship Council (SAC) (if applicable) representatives serving the program.

b. One-Stop Centers

3. The JATC, Compliance Officer, and Contractors may take additional affirmative actions such as participation in workshops for school and employment service counselors, and cooperating and consulting with secondary and vocational administrators on the transition of students from school to apprenticeship openings. The Compliance Officer is to receive written notification of such efforts made by Contractors. SECTION V - ANNUAL REVIEW OF AFFIRMATIVE ACTION The JATC Office will make an annual review of its Affirmative Action Plan and its overall effectiveness and institute any revisions or modifications warranted. The review shall analyze (independently and collectively) the affirmative action steps taken by the JATC for evaluating the positive impact, as well as the adverse impact in the areas of Outreach and Recruitment, Selection Employment and Training. The JATC will work diligently to identify the cause and effect that results from their affirmative action measures. The JATC will continually monitor these processes in order to identify the need for a new affirmative action effort and/or deletion of ineffective existing activity. All changes to the Affirmative Action Plan must be submitted to the Registration Agency for registration. The JATC will continually monitor the participation rates of minorities and women in the apprenticeship program in an effort to identify any type of underutilization. If underutilization exists, corrective action will be immediately implemented. SPONSOR'S GOALS: The sponsor agrees to make good faith efforts to attain the goal of selecting n/a % minorities and 8% women during the next year or hiring period. These goals shall not be used to discriminate against any qualified applicant on the basis of race, color, religion, national origin or sex.

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QUALIFICATIONS AND SELECTION PROCEDURES PART A. MINIMUM QUALIFICATIONS Applicants for Apprenticeship not heretofore connected with the Trade: (a) Must be the age of 18 or over. (b) Must be a high school graduate or have G.E.D. (c) Must be physically capable of performing the essential functions of the apprenticeship program with or without a reasonable accommodation, and without posing a direct threat to the health and safety of the individual or others. Applicants may be subject to a physical agility or fitness test, or screened for the current illegal use of drugs or both on acceptance into the program and prior to being employed. (Applicants after being selected but before being assigned to an Employer shall undergo a medical examination to establish physical fitness). (d) Must have military discharge under other than dishonorable conditions, if applicable, and show evidence of same. PART B. SELECTION PROCEDURES SECTION I - DEFINITIONS Applicant: Any individual who has submitted an Apprenticeship Application. Applicant Log: A daily log reflecting the name, status, date, and disposition of applications for apprenticeship positions furnished by or submitted to each contractor. Contractor: Any employing unit which is a contractor member of the National Fire Sprinkler Association or any other employing unit subject to a collective bargaining agreement between United Association Road Sprinkler Fitters Local Union 669 and the National Fire Sprinkler Association and required thereby to make periodic payments to the Education Fund. Director of Apprenticeship: The agent of the Joint Apprenticeship and Training Committee (JATC) or designated person to perform the duties stated in the Standards of Apprenticeship.

Compliance Officer: The national coordinator of the JATC's outreach and record keeping responsibilities.

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Monthly Applicant Report: A monthly report submitted by each contractor to the Compliance Officer detailing the name, date and disposition of applications for apprenticeship positions. Monthly Activity Report: A monthly report submitted by each contractor to the Director of Apprenticeship describing the on-the-job experience and Related Instruction for each apprentice. Year Round Enrollment: An application process whereby contractors will accept applications five days a week, except holidays, fifty-two weeks per year, between the hours of 9:00 and 11:30 A.M. and 1:30 and 3:00 P.M. Completed applications received will be kept on file until the contractor determines the need to create a ranked applicant pool for future apprenticeship opportunities. SECTION II- JATC SELECTION PROCEDURE 1. All contractors participating in the JATC's program of training and education shall utilize year round enrollment as their exclusive means of selecting Class 1 Apprentices. 2. Except as provided in Article 16 of the Collective Bargaining Agreement, effective April 1, 2016, between NFSA and Local 669:

When the employer gives favorable consideration to apprentices referred from the Union, of if the Union is unable to refer qualified Apprentices within seventy-two (72) hours, the restrictions below will not apply.


Apprentice per each Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman. No new Apprentice may be hired when unemployment exceeds two (2) Journeyperson or Apprentices, within 100 miles of the applicant's home residence, or eight percent (8%) of the total of Journeyperson and Apprentices, within 100 miles of the applicant's home residence (whichever is greater). For the purposes of determining the actual availability of qualified Journeyperson and Apprentices in a given area, the Union will maintain a list of unemployed Journeymen and Apprentices. Said list shall be updated on a weekly basis and will be made available to the JATC upon request, but shall not be used for any purpose other than the foregoing. The Chairman and Secretary of the Committee will approve or reject applications for new Apprentices based upon the above-referenced list. If unemployment within the District of the applicant's home address exceeds eight percent (8%) or ten (10) Journeymen and Apprentices, whichever is greater, the Employer may not hire a new Apprentice for ninety (90) days after the Committee notifies the Union of the request for an Apprentice, or until the percent no longer exceeds eight

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percent (8%) or ten (10) Journeyperson and Apprentices within the District of the applicant's home address. At the expiration of ninety (90) days, the Employer may hire three (3) new Apprentices in that District regardless of unemployment and, thereafter, if the eight percent (8%) ten (10) Journeyperson/Apprentices unemployment continues, the Employer shall hire one (1) unemployed Journeyperson or Apprentice from the Union's national unemployment list for every new Apprentice hired during that time frame. At the expiration of ninety (90) days, the Employer may make a second request for apprentices and, if the eight percent (8%)/ten (10) Journeyperson/Apprentice unemployment continues, the Employer may, after the expiration of the second ninety (90) day period, hire three (3) new Apprentices in that District regardless of unemployment and, thereafter, if such unemployment continues, the Employer shall hire one (1) unemployed Journeyperson or Apprentice from the Union's National Unemployment List for each new Apprentice hired during that time frame. Under these requirements, the Employer may hire a maximum of six (6) Apprentices in any calendar year in any District where the eight percent (8%)/ten (10) Journeyperson/Apprentice unemployment continues to exist. Within fifteen (15) calendar days of the hiring of a new Apprentice, any layoff by the Employer within one hundred (100) miles of that Apprentice's home address shall include the new Apprentice. If the newly employed Apprentice is terminated by the Employer for ''just cause" or quits, the Employer shall have the right to replace that apprentice. For the purposes of determining the actual availability of qualified Journeyperson and Apprentices in a given area, the Union will maintain a list of unemployed Journeyperson and Apprentices. Said list shall be updated on a weekly basis. Said list will be made available to the Committee upon request, but shall not be used for any purpose other than the foregoing. The Chairman and Secretary of the Committee will approve or reject applications for new Apprentices based upon the above-referenced list. The Director of Apprenticeship will provide a list of Apprentice Applications for approval on Friday of each week (if applicable) to the Chairman and Secretary of the JATC. The Union will respond to the list, received on Friday, the following Monday. 3. Contractors being entitled to and desiring an Apprentice shall make application for said Apprentice to the Committee. The Contractor shall agree that the Apprentice will be worked under such conditions as will result in normal advancement and that the Contractor will cooperate in seeing that the Apprentice does the requisite amount of study and on-the-job training as prescribed by the Committee. The Contractor shall also agree that the Apprentice will not be employed in a manner that may be considered as unfair to either party to these Standards and, further, the parties agree to maintain their existing

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procedures and rules, as determined by the Committee, with respect to administration of the Apprenticeship Program. In the event there are Apprentices available who have had their employment terminated by some other member Contractor, such Apprentice will be placed before new Apprentices are hired. 4. Contractors shall maintain an applicant log, showing the status and final disposition of the applicant, copies of which shall be sent on a regular basis to the Compliance Officer. 5. Every person requesting an application shall be recorded on the applicant log and shall be furnished an application package which will include: a. Apprenticeship Application. b. Information relating to work in the trade as an apprentice. c. The Complaint Procedure. 6. Individuals receiving applicant packages shall return to the contractor the completed information, including copies of the applicant's birth certificate, high school diploma or G.E.D. Certificate and Military Discharge (Form DD-214) if applicable, in no more than forty-five (45) days. Any individual, who fails to return the information after forty-five days, shall be noted on the applicant log as being ineligible for consideration at this time. Any individual who meets the eligibility requirements and who returns a completed package within forty-five (45) days of its receipt shall be considered an applicant and eligible for interview. 7. Interviews shall be conducted at the discretion of the contractor. When there is an existing pool of applicants, no interviews shall be conducted with less than seven days notice, via certified mail, to all eligible applicants. A new ranked list is required including unsuccessful applicants, who will be slotted in wherever their rating score places them for a period of two (2) years, unless the applicant has been removed from the list by their own written request or following failure to respond to an apprenticeship opening. Applicants not placed during the two (2) year period who were on the ranked list will be required to reapply. 8. Notices shall also be sent to applicants who have previously been interviewed and ranked, advising them of the opportunity to re-interview, provided they can demonstrate tangible evidence of activities which have enhanced their qualifications for the job. 9. In the event any applicant fails to respond to said notices, they shall be notified by certified mail and removed from the pool of applicants and notation of such shall be made on the Monthly Applicant Report.

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10. Interviews shall be conducted by a committee consisting of at least two individuals. 11. Each interview session shall be scheduled to provide time to adequately cover each interview grading area. 12. The interview committee shall have in its possession for review with regard to each applicant: Application Form, High School Diploma or G.E.D. Certificate, Military Discharge (Form DD-214) if applicable, and proof of birth date. 13. After a brief introduction, the committee will ask questions of the applicant with the purpose of finding out as much as possible about the applicant as an individual and about the applicant's ability to perform in the apprenticeship program. 14. Questions for the interview and for purposes of evaluation will be on topics related to job performance to determine ability to perform job, such as; work experience, education record, mechanical abilities, and motivation. 15. Evaluation must be based on a standard of industry needs, and not by a comparison with other applicants. 16. Adequate records shall be kept including a brief summary of each interview and the conclusions on each of the specific factors, e.g., motivation, ambition, and willingness to accept direction which are part of the total judgment. 17. All applicants must be asked the same questions. SECTION III - JATC SELECTION 1. The Contractor shall notify, via certified mail, all individuals interviewed of the results of the interview, including their score and ranking. A numerical ranking of 1 shall be the highest ranking, followed by 2, 3, 4, etc. 2. From the individuals interviewed, the contractor shall select in numerical order the applicants sufficient to meet its employment needs. 3. Applicants not selected shall remain on the ranked list for a period of two years, unless removed in accordance with Section II, number 8 or 10 of this procedure. 4. An applicant selected by the contractor for entry into the Apprenticeship Program, shall, be scheduled for an examination and completion of the Medical Form. After the applicant passes the physical examination and drug test, the contractor will forward the documents to the Compliance Officer and retain a copy for the applicant's file. 5. Final approval or rejection of an application submitted by a participating contractor will be made by the Committee which will review the contractor's eligibility for assignment of

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an apprentice, the applicant's eligibility for entry into the Program and the availability of journeymen and/or apprentice sprinkler fitters in the applicant's geographical area. If the applicant is accepted for entry into the Program, a Class 1 card will be issued for the new apprentice in care of the sponsoring contractor. If the application is rejected, the contractor and applicant will be notified of the rejection and the reason therefore by certified mail and a return receipt, requested by the Joint Apprenticeship and Training Committee. 6. Veterans who completed military technical training school and participated in a registered apprenticeship program, or completed military technical training school in a recognized apprenticeable occupation, during their military service, may be given direct entry into the apprenticeship program. The Program Sponsor will evaluate the military training and on-the-job learning experience received for the granting of appropriate credit on the term of apprenticeship and the appropriate wage rate. Credit will be granted in accordance with that section identified in the Registered Apprenticeship Program Standards as "Credit for Previous Experience". The request for credit will be evaluated and a determination made by the Program Sponsor during the probationary period when actual on-the-job learning and related instruction performance can be examined. Prior to completion of the probationary period, the amount of credit to be awarded will be determined after review of the apprentice’s previous work and training/education record and evaluation of the apprentice's performance, skill and knowledge demonstrated during the probationary period. An apprentice granted credit shall be advanced to the wage rate designated for the period to which such credit accrues. Apprentice applicants seeking credit for previous experience gained outside the supervision of the program sponsor must submit such request at the time of application and furnish such records, affidavits, and other (insert local requirements) to substantiate the claim. Entry of veterans will be done without regard to race, color, religion, national origin, or sex. SECTION IV - MAINTENANCE OF RECORDS 1. All records required for the operation and administration of this Affirmative Action Plan shall be maintained for a period of five years from the time of the last action at the contractor's and Compliance Officer’s address. 2. Records maintained by the contractor shall be available for inspection and review by the Compliance Officer at such times and under such conditions as the Officer in his or her discretion determines.

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SECTION V - COMPLAINT PROCEDURE When a Contractor discharges an Apprentice, the Contractor shall immediately notify the Committee in writing, giving the name of the Apprentice and the reason for discharge. Disposition of such an Apprentice shall be made by the Committee within sixty (60) days of receipt of notice of discharge. Apprentices shall have the right to request an appearance before the Committee concerning specific issues or matters dealing with their Apprenticeship Agreement. Such requests shall be in writing. In case of dissatisfaction between the Contractor and the Apprentice, either party has the right and privilege of appeal to the Committee for such action and adjustment of such matters as come within the Standards. For issues regarding wages, hours, working conditions, and other issues covered by the Collective Bargaining Agreement, Apprentices may seek resolution through the applicable dispute settlement provisions of that Agreement after first bringing documented evidence to the Committee. The Committee shall hear and consider all complaints of violations concerning the Apprenticeship Agreement and the registered Apprenticeship Standards. Either party to the Apprenticeship Agreement may consult with the Office of Apprenticeship for an interpretation of any provision of the Standards over which differences occur. Any Apprentice or applicant for Apprenticeship who believes they have been discriminated against on the basis of race, color, religion, national origin or sex with regard to Apprenticeship, or that the equal opportunity standards with respect to their selection have not been followed in the operation of the Apprenticeship Program, may contact directly personally or through an authorized representative, to file a compliant with the Registration Agency or, at the apprentices or applicant's election, with the private review body established by the local JATC (if applicable). Complaints to the U.S. Department of Labor, which may be filed by the Apprentice or through an authorized representative of the Apprentice, must be filed not later than 180 days from the date of the alleged discrimination or specified failure to follow the equal opportunity standards. The complaint shall be in writing and shall be signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the Program Sponsor involved, and a brief description of the circumstances of the failure to apply the equal opportunity standard. Complaints of harassment in the apprenticeship program may be filed and processed under Title 29, CFR Part 30, and the procedures as set forth above. The JATC will provide written notice of their complaint procedure to all applicants for apprenticeship and all apprentices.

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AGREEMENT

THIS AGREEMENT made this _____ day of __________________________, 2016, by and between the Road Sprinkler Fitters Local Union 669 (hereinafter called “Union” and ______________________________ (hereinafter called “Employer”).

* * * * *

WHEREAS, the said Employer is desirous of hiring and employing Journeymen Sprinkler Fitters and Apprentices; and

WHEREAS, the Union has competent and skilled Journeymen and Apprentice Sprinkler Fitters;

NOW, THEREFORE, it is mutually agreed as follows:

(1) That the Employer and the Union mutually agree to be bound by the terms and conditions of the Agreement between National Fire Sprinkler Association, Inc. and the Road Sprinkler Fitters and Apprentices Local Union 669, dated and effective April 1, 2016, and all addendums and supplements thereto, copy of which is attached hereto and made a part hereof, the same as if the Employer and the Union were parties thereto; and the Employer and the Union herewith adopt said Agreement as and for their contract of employment and that all the Journeymen Sprinkler Fitters and their Apprentices hired by the Employer are to be employed according to the terms and conditions of employment contained in said Agreement.

(2) The Employer and Union do further agree to be bound by the Declarations and Trust establishing a Local Union 669 Health and Welfare Fund and separate Education Fund made between the National Automatic Sprinkler Fitters and Apprentices Local Union 669, dated the 2nd day of April, 1953, and separate Pension Fund dated the 1st day of April, 1957, and the Supplemental Pension Fund dated January 25, 1978, and the Employer agrees to be bound thereby and by all amendments made thereto the same as if the Employer and the Union were parties to said Declaration of Trust.

(3) The Employer further agrees to make the necessary financial contributions to the Local Union 669 Health and Welfare Fund and Education Fund and Pension Fund as required by the Collective Bargaining Agreement effective April 1, 2016, and the said Declarations of Trust. The Employer hereby authorizes the parties to name Trustees and successor Trustees to administer the Health and Welfare Trust Fund and Education Trust Fund and Pension Trust Fund, and hereby ratifies and accepts such Trustees and the terms and conditions of the Trust as if fully made by the Employer and the Union together.

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FOR THE EMPLOYER: FOR THE UNION: _______________________ Road Sprinkler Fitters Name of Firm Local Union 669 By_______________________ By_________________________ Sign Here Business Manager 7050 Oakland Mills Road #200 _________________________ Columbia, MD 21046 Print Here PHONE: 410/381-4300 FAX: 301/621-8045 _________________________ Title _________________________ Address _________________________ City, State & Zip _________________________ Telephone (include area code) _________________________ Fax Number (include area code) _________________________ E-Mail Address

TEAMSTERS - BUILDING

TEAMSTERS

HEAVY & HIGHWAY

HEAVY AND HIGHWAY

AGREEMENT

BETWEEN

DANKO DEVELOPMENT

AND

TEAMSTERS LOCAL 687

EFFECTIVE

6-1-2016 TO 5-31-2017

I>REAMBLL::

TillS AGREEMENT is Illade this ____ day or , 2o __ by and between the illdividual employer sigllatory hereto alld TEAMSTERS LOCAL 6R7, affilimcd with the Illterilational Ihothcl'hood of Teamsters, AFL-CIO, hereinafler referred to as the "Local" or "Ullioll. "

AR'I'ICLE I: LEGALITY

1. 1 All provision of this Agreemenl shull be complied with unless any sllch provisions shall be declared illvalid or inoperative by a court of competent jurisdiction. In slIch evenl, either party, at its option, may require renegotiation of sllch invalidated provisions for the purpose of adequate rl~ pl:1CCJllCnt thereof, reserving the right arbitration in the event that sLlch llegotiations do 110t result i I I agreelllellt.

I\RTJCLE 2: RECOGNITION

2.1 The employer does hereby recognize the Union as the sole labor organization reprcseming L~1l1pl()yecs covered hy the Illlernmional I3rotherhood of Teamsters jurisdiction, including, but not lilllitcd [0, the classifications listed in the Appendix of this Agreement.

2.2 Two (2) working days prior to the COllll1lenCemenl of any work on a project, Ihe prillle L'Olltr:1Clor shall Jlotify in writing those crafts with whom union is party to a COlltrHct, of a pre-job conference lO be held at a time and place in the project area. 10 be designated by the prime Clllllractor. The Union agrees Ihat it will attend at thc designated time alld place together with the otller designated llniolls represelliing employees who will perform work on the project. It is 1l1utually agreed thaI the prime contractor and the lIl1ion shall not be asked or required to attcnd any prc:·jub conference with a single craft except in such inslance as where a single craft will bc performing work on the project.

2.3 No subcontractor is to COlTllllenCe work 011 a project lImil he has had a pre-job conference with lite lJllion, unless the Union waives slich pre-job conferencc.

2.4 If the prillle or a subconlractor shall fail to comply wilh the obligations of paragraphs 2.2 and 2.3 of this article, the Union shall be under no obligation to furnish applicants for emploYlllent to t Ite offend ing contractor or subcontractor pursuHIll to other provisions or III is contract.

CQNDl1'ION o~ EHPJDYt.fElN'l'

3.1 It: shall be a condition of employment t:hat all elllployees of the employer covereel by tllj.s agreement, uho are members of the union in good ~;tand1ng, shall remain members in good standing and those who are not memIJecs on the effective date of this agr.eement: shall, on the eighth (Oth) day following the effective date of this agreement, become and l-ema1n member.s in good standing 1n the union. It shall also he a condlLion of employment that all employees cover.ed by this agreement and hixed on or after its effective date shall, on the eighth (8th) day follo\-I1n9 the beglnnJng of such employment and remain members in good :=;tanding in t.he u1110n.

'1'he falluL'e of any person to become a member of the llnion at t:he requj l't~d time shall obligate the employer, upon ",d.tten notice frolll the unton to slJch effect and to the fUl-ther effeet t.hat lIlllon membership \-las available to such person on the same terms and condittons genel-ally avallable to or.ller members, to forth~t1th dtscharge such person. fur·tller, the failure of any person t.o maint.atn his linton membership in good standj_ng as r.equired heL-ein shall, upon written notice to the employer hy t.he union to such effect, obligate the employer to dischal~ge such persall.

3. 2 "/hell local union appl.icants, n~terTed by

Ule employer needs additional employees, he shall give the equal opportunlty with all other sources to provide suitahle but t:lle employer shall not be required to hire those

the local linton.

DflE'INI'l'ION OF mll\VY [\1!.Q !IIGmII\Y CONS'l'RlIC'fION

4.1 Heavy and Highway construction, where I~eferred to in this agreen~nt, is defined as including, hut not limtted to, tlle construction of roads, streets, alleys, drive\'/ays, side\-lalks, guard rails, fences, par!n'/ays, parking areas, airports, athletic fields, highway bridges, railroad and street railway construction projects, sewers, \-/ater abut.ments, r.et.aining Halls, viaducts, shafts, tunnels, sul.mays, track (~Ievat_ ·lons, elevated h1.gill-/ays, dl~ainage projects, rec]ailllat:ion proJect.B, \HII',et- supply PJ:oje~ts, Hater power developments, tr.ansmission 11nes, duct l.1.nes, pipe Lines, docks, dams, dikes, levees, revetments, channels, channel cutoffs, tntakes, dredging projects, jetties, brec:t1{Haters, docks, harbors, jndustri.al sttes, intake structures, sey/age treatlllent pr.ojects, pure I-Jater Horks, Hater filtration projects, ~~lect:r.1c subFltati.olls, ecology and environmental control projects, highvlays, grade cl-ossing, curbs, culvel-ts, railroad brtdges, reservoirs, in.-igaUon and flood control pl~oject8, locks, piers, piledriving, pm/er plants hydl~oelectric developments, pumping stations and all earth 1110 V j I1g.

11.:2 'I'his agreement inc] udes the external at- outdoor site preparation toe all projects involv.i.ng excavat.ion, grading, dl~a1nage, subgrade, pav1ng and/or related work.

IJ.3 Buildlllg const.ruction, i.e. that \-Iork illstde t.he building line, is excluded fr-om this agl~eelllent.

5.1 Site ... lOrk shall be defined as all work done on the site proper and all hauling from an ar-ea outside the project area to the project area, \llricll outside area is operated and maintained by the prime contractor fOI: lwe in conjunction Hjth the project.

5.2 '1'lle employer agl:ees that the \-Iages, hours and \wrking cond! tions provided for by this agreement shall encompass the entire Hork covered by tllis agreement, thereby apply1.ng equally 1:0 any subcontract let by the emp]oyp.r on worle covered by this agreement. 1\11 employees, including those employed by the sllbcontractor/independent oper.ator \-lir.11 lIIore than olle vehicle and those on stte Hork, described in paragraph 1 above, shall be paid dir.ectly by the prime contractor. However, Hilen mutua] ly ayreed between the prime contractor and union, a subcontractor shall be allo\-Ied to establish its min payroll.

5.3 1\11 m-mel--operat.or owning or contracting a s1ngle vehicle, operat:ing or driving his own vehicle, shall l-eceive his uages by check separate trom the check issued for the use of equipment, issued by the prime contractor and shall be covered by all conditions incorporated in this agreement.

Owner. - operators shall designate ~lho they desire to repair their trucks.

5.4 (a) NotYlithstancllng 5.2 above, employers that qualify as prime cOlltractors shall carry their oun payrolls when operating as a ~:;ubcontraetor subject to revieH and change in imUvidual cases hetHeen tlll~ IJIlJ.Oll and prime contractor.

(b) Subcontractors authorized to carry their DIm payt-olls may cdsn CiUTY Ulcir subcontractor.s' payroll, provtded it. is agreed to by tile union.

~:i. 5 It 1s recognJz.ed t.hat there are specific subcontL-act. requi rements fOI- HBE, HBE, or DBE participation in most public \-IOr!(S contracts and that certain exceptions to 5.2 above may be required for the Employel- to comply Hi til these requ1L-elllents. Hhere this problem exj sts, the Employer shall have a pre-construction meeting Hith the Union to facilitate an cllTangclllent for the Employer to comply with the prime contract provtsions.

C. I 'l'ltel:e l::;llcdl be no ["I~les, regulations or agreements expressed or Jlllpl led jJet\leen tlte parties hereto, other than hel:ein set forth in this Clgreement:, except that the unlon anc\ employer may, from time to time, issue Memorallda of Agreement for the purpose of amending this agreement on a project basis. It is mutually agreed that said Memoranda will be on fHe in the employer's and union's offices and \'/ill be considered as addellda and become a part of thls agreement on a project basis.

JIJRISnrC'rIONAL ~lII.F.S

., .1 (a) 'I'he employer agrees to r.espect the jurisdictional rules of l:he un10n and shall not. direct or requir.e their employees or other pel-sons other thall 1 ts employees in the hargatning uni therein invol ved to perforlll Hark which is recognized as being \"lithin the Teamsters' jUllsC\lcUon.

(ll) All \"lOrk heretofore recognized as being within the jU1JSCl1cU on of t.he un1.on shall continue to be the jurisdiction of the union 1l0tllithstClnding any inconsistent provisions contained in other t:i!Jr"eelllents executed by the employer and unton.

".2 If a jurisdictional dispute arises, the union agrees that such dispute shall first: be submitted to the local husiness agent of l:he cr"afts involved for settlement, and if no understanding or agreement 15 reached \-Itt/dn 1}8 hours, it will be referred to the Interllati.onal Unions involved for settlement. If no agreement is reached on this level \Jl thjn 5 days, the parties to the dispute may extend the period for settlement t.o another fixed date, lIlutuallyagreed upon. Pending such fjettlelllenl:, the craft perfanning the work at the time the dispute arises \11 1J continue in such capacity until settlement is reached as above provided, it being agreed that there shall be no stoppage or abandonment of work in regard to any jurisdictional dispute. International juri sd icUana 1 agreements shall be respected by hoth parties.

1\.1 'rile elllployer agrees not ot enter tnto any agreement Hi th any other ol~ganizc,tion claiming to represent its employees during the tenll of this agr.eelllent unless ordered by a Lahar Relations Board having jurisdiction tn the premiseI' to cease to recognize the union contracted Hith herein as the collective bargaining agent for the employees.

B.2 The employer agrees to deal, negotiate and treat wjth the properly accredited officers and committees of the union on all grievances that lIIav Clz-ise het~Jeen t.he employer and the unJ.oll and members of the union.

(j, 3 'I'h~ C:!mployer fLJ1~ thel- a<jrees not La deal or bat'gain \-l1.tl1 any lIIelltiJl:!t.s oJ: ~ald 1IIlion tndividually on matter:> of 1'lOrking conditjons, \"/age::i alld hours or jn any mClt.l',er over Hhich the unJoll lias jurisdiction ul,- to enter- Jnto any agreement that ~I1,ll conflJet \'11tl1 thIs agreemellt.

IN'l'ERVIEW

9, ] 'J'he author.ized repl~esentatjve of the union shall be allm'led to intervie\'1 the employer or the worleers dudng \-/orking hours, but shall not unreasonably interfet'e or hinder progress of the \wrlc

S'I'A IKE QR LOQI<O.tlT

10.1 Durlny t:he term of this agreement, neither pal-ty shall order Ot-

pennir. any Halkout, strilce or loekout.

ARnI'l'HA'!'ION AND QfUEYANCE PROCEDlffiE:

11.1 Grievance Prucedure: 1\11 grievances or disputes involving any cunt.roversy, dispute, or misunderstanding arising as to the meaning I application or observance of any provisions of this agreement shall be handled ill tile lIIannel- hereinafter set torth. It is agreed that all lIIattet-s pertaining to the interpretation of this agl-eement must be r-eterred dtrecLly to the partles for l-esolutiollj it not resolved, the issue may be submitted to binding arbitration by either pal-ty.

Step 1. }\11 grievances must be made knovnl in Hl'i ting to the otlle!.' pal-ty III thl n 'J \-/orking days after the reason for sllch grievance has occurred. 'rhe aggrieved eillployees' shop steward or other authorized repl-eselltative of the un10n shall first submit a I1ritten grievance t.O the job superintendent, or hts duly authorized representat,ive. 'fhe shop ste\'/ard Ot' another authorized representative of the union shall be present', at any meeting beH/een the job superintendent and slich employee 01' employees involved, 'I'he job superintendent or his duly authol'izecl representati ve must make a HrJ tt:en disposition of the matter ~/lthin 2'1 IlUul'f:i i1ftel~ the subnd.ssion of such Hritten grievance tilereto.

Step 2. If the dispositioll of the matter by job superintendent OL- his duly authoriz.ed representative is not satisfactory, the matter. must be taken up by the business agent and representative of the elllployer ~lith authortty to act" within 48 hours of the writt:en dJ.~]posi ti all set forth in Step 1.

Step 3. Ar"bi tration: If a gl'ievallce cannot be satisfactorily I:;ettl.ed thrnugh Step 2, the grievant shall request a list of seven (7) dlbitrcll·. ors fr.-om anyone of the fo110Hjng sources:

(1) the pane.l of ar-bitrat.ors of the Neh' Yorlt Doar-d of Mediation;

(2) the Federal Mediation and Conciliation Ser-vjce;

(3) the labor panel of the American Arbitrati.on Association for final and binding decision.

Such reljUest shall be no later than fifteen (15) calendar days from the date of. completion of Step 2 by the grievant or his duly assigned representative. Further, any arhitration agency named shall be used only foe every third arbitratiwl dIal may arise between the parties to the end that arbitrators be selected on a rotating basis 1n the order in ~Ihich the agencies are hereinabove listed. The arbitL-ator shall be selected by alternately eliminating names from the seven (7) person list UIlU lone remains, the grievant or his repL-esentative shall strike the fJ njt name. Upon fa.ilure to comply ~lith the provisJon of this entire ~ect:.ion on the part of the grievant, the grievance shall be deemed to have been closed Vlithout decision. In the event that the losing party fails to abide by the arbitrator's decision, or that if either party refuses to submit to his jurisdiction, the other party shall have the riljitt to illlmedlcltely take all legal and economic recourse.

'j'he Arbitrator shall not have jurisdiction or authority to add to, modify, detract fl~OIll, or alter in any '<lay the provisions at the I\greelllent OL" any amendment or supplement theret.o or to add Ile\-J prov IsJ OilS of: this I\gl~eelUellt or any amendment or supplement thereto. It the al"iJitrator should determine that the grievance is not. covered by this I\greement, he shall return the grievance to the parties uithour. decisJon and the grievance shall be closed . In stich a case, the costs, if allY, shell] be borne by the gr1evant.

'j'lle costs of: arbttration, which shall include the fees and ~!Xpenf,P'S of t.he arl:J1lTat.oc ahall be bonle by the Company in case 1r.s prtne.lpal cuntenUtlll 15 rejected by the arb.t.t.rator, allCl lly the UnJoll ill caSe it~; princ:ipal cOlltentivn is n~ject.ed hy the arbitrator, except., lImlever, that each party shall pay the fees ot. itl':! own representatives and \-Iltnesses. I\ny dispute as to whose prj.Jlcipal contention is rejected shall he determined by the arbitrator. In the case that both parties' pr.incip(l1 contentJon is upheld in part, the arbitrator shall designate Hilat part of the costs are to be borne by which pat"ty according to the l~elative merits of eClch party's position.

11. 2 V!oJ.atio/ls concerning pension and health & Helfare payments shall not IJe subject to the grievance procechu-e. In such cases, the app1.icClhle agreements shall apply.

Page .,

11 , 3 Hith regard to nel-l equipment '</hich is within the 'I'eamster jud::;<iiction, and Hith regard to equipment \-lithin Teamster jurisdiction for \-/hich JlO \-/age rates appear herein, such Hage rates shall be resolved pur-f.luanL t:o the p-rovistons at this article. 'rhere shall be no deadUn1ng of equipment or \-lOrk st:oppage pending resolution of t.he qUf!fjt.ion and the agreed-Ilpon rates ~3hall be n!t.r.oactive,

1l.1l l\ grJevance under section 5.4 of this agreement shall be pnll:es.';(~ d tit recUy aile! immediately.

DISCIIl\nGE

12.1 Any discharged elllployee may file a grievance no later than four Harking days after dlBcharge by a written notice sublllitted to the project manager or superintendent and the local union; such grievance shall he immediately processed til accordance with the steps of the yrievance procedure,

I\H'l'ICLE 13;

13.1 'file employer recognizes the right of the union to designate job BteHCll-ds and their alternates. 'fhe job steward shall be from the membersilip of the Local that has jurisdiction of the job site. There shall be only one st:.e\-Iard on a pl~oject and he shall be an employee ot tile prJllle contractor except where the only 'l'eamsters on the project are employees of a subcontractor in which case ther.e shall be one ste~/ard

alld he sllall be an employee of the subcontractor.

'rile union shall notify the employer in Hdting the name of the elllployee of the employer. \-Iho is to be appoj nted stel-/ard or alternate steYianl.

'!'!Je 'l'eamster ste\-lard shall be notified of any hirillg or layoff of dllY e mployees of the prime contractor Ot- subcontract.or.

'rile ste\-/arLl slml.l lIot l'eplace any 'l'ealllster during the first eight (8) houl'S after cOlllmencement of a \-lOrk day.

13.2 'l'he aULhority of job ste\-lal~ds and alternat.es so designated by the union shall be 11011 ted to and shall not exceed, the follm-ling duties and activities:

Page n

(a) tilt! inve::;tigCltioll Clnd ';lcconlallce Hitll provisi.ons Ctgreemellt;

presentation of gL-ievCluces in of the collective bargaining

(b) the transllItssion of such messages and inforlllation \~hich shall orlgjnate I-lith and are authorized by the local union or its officers, pcovjded slIch lIlessages and infonnat1011:

1. have been reduced to writing, or 2. if not reduced to writing, are of a routine

nature and do not involve work stoppage, slm'/dmms, refusal to handle goods, or any other illterference ~/ith t.lle employer's business.

J 3 . 3 i-letlan.

Job ste.wrds and aJ terllates have no authot-ity to talee str'ike

13.4 'J'he job stev/anl shall be the last employees to be laid off and he shall not be dischal-ged 111 thout notifying the ullion business l:epresentati ve.

13 . 5 'J'he 'l'ealllsters ste\lard shall be on the project at all times \~hen

the elllployer or subcontractors have worked performed ~lithin the jurisdiction of the union provided:

El. that. the steHar.d or union is notified ~~hen \~orlt is to be performed and

IJ. the ste"/ant asserts hJs seniorlty rlght to replace an employee prior to the start. of the worle day.

1.3 . 6 Hhen more than one shJEt: is employed, there shall be a steViard tlJl.' cadI shi f.t.

11.7 'l'he steVlard shall receive the highest rate being paid ']'eamsters OIl EI project.

14 . 1 SenlorJ.t:y shal.l be deter.mined on a job or project basis. 1\ ::;epal:ate selliocJ l:y list. shall be established for the employees of t:he prillle contractor and for each subcontractor ,·lithout regard to Hho pays the employees.

1<1. 2 III c:ase of layoff, due to lack of '1ork, employees shall be laid off in l-everse order of seniority, providing the sen1.or employee 1.s qualified to replace tile laid off employee on hi.s respective seniority I i fJ t. .

1'1.:3 'l'he l-eIl1l-1ng procedure shall be the reverse of the Jayoff procedure. Hhen \'Iork illcl~eases, el\lployees la1.d off shall be notified r.o report to work 1n order of seniority.

14.4 'l'ltese rules shall not apply if tllere are any breakdm-lll or sltutdOl-II1 perlads durJng the day. 1\ man, ~~hose vehicle 1.s broken dOHn at' Hhuse operat.1on is shut down, shall go home regardless of seniority. Nhen one or more shifts are beillg worked, each shift, ~lill be treat.ed as a day tor bl~eakdo~1I1 or sllutdo\-1Il purposes.

Jlm"ever, ",lien a vehicle shall be Ollt ot service tor more than one day, tllell the older lllall shall be t.old to to come in the next day and the youngest man shall be laid off, provi.ding the senior employee is qualified to replace the laid off employee.

14.5 1\n employee, ~/ho has been laid off, shall be given at least IjO hours to report to the job when he is called back to \lOrk, Hithout loss of benefits or rJghts. In the event the employee fa·U.s to eeport \-/1. til ill the U me spec:i fted, he shall lose any benefit,s and rights he might have \/ j th the emp I aye r and a lIew employee may be hi red.

'l'he union ~/i11 furnish temporary drtvet- if requested to do so, ullti1 the laid ofE elllployee shall report to Hork.

I\R'J'ICLE 15: LEI\VE OF I\BSENCE l\ND DISCIPLINE FOR UNAU'l'/lORrZED ABSENCES

15 . 1 1\0 employee ~Iith a leave of absence shall lose no benef.its or rights. Such leave of absence shall not be blndJng unless it is al]reed to til \"/l"iting het~/een the employee, the employer and the union, except IIllen an employee is assigned to union business, then the leave of ahsence IJecomes automati.c.

15.2 In the event that an employee seeking a leave of absendle fails or refuses to pay t.he employer for remittance to the pension and health & ~/elfcu:e funds amounts sufficient to cover contributions during the period of absence, no slich leave of ahsence shall be granted.

15 . .1 (a) 1'he Union and the employer expressly agree that a stable Ilol.'k force ifJ requi.red at all times in this seasonal industry and that tile atmence of indl.vidual employees lIlay have a serious impact. on tile elllp]oyet-' s project productivity al1tl efficiency.

(iJ) 1\bsences frolll scheduled Horl< are t.o be cl1.scouragedi aGCOrdjllgly, i.t 1s agreed:

1. the fit'st absence without pri.ot- eXCllse or reasonable cause shall entitle the employee t:o a verlJal I-Jarning; 2. the second absence \·lithout prior excuse or n~Elsonah 1 e cause shall entit.le the employee to a ~~c1tten warning notice Hith copy to the union; 3. the third absence ~/lthout prj.or excuse Ot' red~onable cause is agreed to be just cause for disl.~hc\r~je of the employee and it shall be the del:isjon of the union Hhether to elsk for reC:Ollr.se r.o the gd evance procedure.

16.1 Pay: All employees shall be paid on the job during ~/orking

hours the wages for the previous week by Friday unless othenlise mutually agr.eed upon beH/een t.he employer and the union. In the event all employee is not paid at the tillle he is laid off he may be paid hy check mailed \lithin 24 hours or next business day.

IG.2 'l'ranspol'ters and Escorters:

(a) When se If-propelled equipment: covered by this agreement is to be lIloved trom the job site to a neu project under the equipment's pmJer, sudl equipment shall be operated hy an employee from the area I/lIere the trip originat.es.

(b) ~'ihen eCluipment or material is to be removed from a job 6:1 te by \J~e of sOllie other piece ot employer-O\med or leased equipment, the operatioll of the t.ransporting equipment. shall be by an employee frolll the area ./here t.he transporting equipment is based. 'l'his clause shall be equally appltcahle to on-job-site- moving of equipment or material where ther'e is not present on the job site a suitable or available piece of elIlliplIlellt for such move, pcovJded:

1. that ill the event that the time ~/hich the transporting I:!lJllipment 1s used exceeds one day, the Hork in excess of one day shall be pertornled hy an employee from the job site area;

2. the transporter does not supplant a site Teamster or v(~hicle.

(c.:) When transporting equipment 1s based on the job site, it :,ha 11 be manned J)y an employee froll1 the job si te BJ:ea when and if such serv1ces are required.

(d) Beasonable expenses tor meals and lodging shall be paid by tile employer uhen furntshed receipts.

(e) When escorts are required with respect to moves covered by tills transporter clause, t.he escort drivers for such moves are ~/ithin

ti,l;:; jurisd:l.ction of t.he linton and such l1rlvers shall be from the al-ea \lltere the move origtllates.

l'Itth respeGt to equipment not customarily operated by 'l'ealll~t(~n;, the status quo with respect to escoct d)~ive['s shall be ubserved pendtllg resolution by the International Unions involved. The decision or agreement reached hy said Inten1cltional Unions shall become a part of this agreement and shall be final Elnd binding upon the parties.

'l'he employer shall assign the !lumber of men and vehicles under tile above pr.ll~agJ~aphs at his discretion.

IG.3 I'lhen an employee Horks in more than one class! ticat] 011 during any one clay, he shall be paid the \-/age rate of the highest classificaUoll 1n Hliic:h lie \-Jorked for all hours \'locked on that day.

16.4 Piece ~/or){: 'l'he employer agrees not to establish any piece wot:k OJ"" cOlltract \~orl{, suhject to Article 5.

16.5 PeJlalty pay I 'rhe moving of equipment:. or material by elllployees covel-ell by thi::: agreement sllall conU.l1ue to be performed by such employees. III the event. t.hat such work is performed by employees other thell1 rhose covered by this agreement, it \1111, if established as having occurTed, subject the employer to penalty pay on the fo11o\-/ing basis:

(a) I\n employee covered by thls agreement ahall be paid on the sallie basis as if he had actually performed the \-/ork. Accordingly, the touJ.' (4) hours plus actual hours \mrked clause applies to such penalty pay.

(b) Hllen a grievance has been filed, questions of fact on violC1U.olIs of thls provlslon, shall be subject to l-evlew by the Employer dnd l1njon.

16.6 E'uneral Leave: Any employee Hith five (5) or more \·/orking days sel-vice, \/110 is absent from wor){ to attend the f.uneral of. spouse, children, st.epchi Idren, parent, sister, brother, father- in-laH or mother-in-1m/, shall be paid for the -regular hourly rate for time lost from said employee's scheduled Hork\-/eek by reason of such funeral up to a maximulI\ of three (3) days' absence for such funeral if requested by the employer. Non-Work days (Sundays, holidays, et:c.) are not paid umlp.r this section, but are llsed in computing the three (3) day perioel.

16.7 'Phe \/age rates for all employees covered by this agreement are set forth in Appendix A of this agreement.

16.8 nest room facllities: clean, sheltered toilet facilities are to be PL-OV Idecl and lI1aj ntained by the employer for the employees.

IG.9 No employee covered by this agreement shall be assigned to perform services on tHO (2) pieces of productive equipment in continuous opel.-at:..1on.

IG.10 \'Ihen all employee cover.ed hy t.llts agreement 15 not en':jclged in dr.! ving a vehicle, he may be r.equired to perform otheL- wOL-k as t.he employer may (11 rect.

16.11 \"Iork at lIazardous \'/aste Sitel \-/hen an employee covered by thIs dgreement perfol"lIls hazardous wast_e removal \vork on a City, County, State and/or E'edenlll y designat.ed waste site, and \~here relevant Ci ty, Coullty, State ami/ur. Federal regulations requ.ire, employees to be furni.shed and those employees use or \-lear, required forms of personal protection to be supplied by employer and then, in such case, an employee shall recelve t.lre ))cw1c hour! y rate plus S1. 50 per hour.

!IOUFS Qf \'IOnK 8M/) OVERTIHE:

J '1 . J I\n employee cover.ed by t:hj~ agreement shall be employed 011 a lH:ojt':ct uhenever any I-/oL"l< is beillg per-fonlled uhich is covered by this C1grel~lIlellt.

17.2 1\11 tIllIe I-/or.ked in excess of eight (8) hours in anyone (1) day Elnd <11.] day Saturday, sha 11 be paid for at the rat.e of time and one-hal f (1 1/2).

17.3 St.arting tillle sitEdl be no later than 8:00 A.H.

On mul.tiple sldft wOl-k, the \-lOrl< Heek shall star"t not eadier tlian ~i:00 I\.H. 'fhe cont.r.actor- shall set the starting t1me.

fipecial cases of sLart1ng t1111e lIlay be set by mutual consent I-lith t\ lt~ un i . 011 •

All time Hor.ked in excess of the norlllal shift. shall be considered overttllle.

17.4 '1'1-/0 or three sh.Lfts may be Horked in 24 hours. ~Ihere t\-IO shifts aL<~ employed, they shall be of equal duration and at the sallie rate.

'1'110 shi.fts lIIay be Harked in 24 hours and shall be of equcll duration and at the BC'lIl1e rate. HO\~ever, in a tHO shift operation, \-,here the combined number of hours Harked by the two shifts is sixteen or less, each !:lhtft. shall be paid eJght hours pay at straight time.

'l'hree shifts JIlay be Horl(ed in 24 hoUJ~s and shall be at the rates and l\tll.-ar.ion as set fort.h helov/:

1st SHU"I' 8 JlOlJnS WORK U /lOURS P l\ Y

2nd SIIIP'!, 7 1/2 HOURS WORK 8 1I00ffiS PAY

3rd SIIH"f 7 1I00ffiS WORK B 1I00ms PAY

F:acll shJ.ft sllall 11Clve olle-·hellf (1/2) hour for lunch .

Hhen t.HO or three shifts are \-lOrked, the second and third shift 511<111 IJe considered for payr.oll purposes as having been \-Iorlced in t.heir 8nttrety 011 the sallie day on Which the first shift started.

17.5 (a) }\11 time Hot-ked on Sunday and the follm'ling holidays shall be patd f.or at. the rate of double time for no less than eight (8) hours: Nevi Year's Day, Memorial Day, Independence Day, Labor. Day, Thanksgiving Day and Chr-istmas Day.

(b) In the event such \/ol-k is non-productive (maintenance and ~wteLy), tile ~mployees shall be paid for actual ti.mc wor.J{eli, Hiliel! in 110 event shall be Jess tItan tHO (2) hours. All Sunday work shall be patd cit the rate of. douhle time. \~atedng concrete is not. maintenance and ~~afeLY uithin the rnealling of this clause.

11 . G 'llJllle \wrlted shall be trom the appropriate parking area designated by the ell,ploY(~l- tCH- the assigned vehicle t.O the same such par/<ing area .

IIOLIDAYS

J 8. 1 'l'he pa irt Fede r a 1 ho lida ys to be obse rved are as foIl ows r NE~'I Yf:AR' S DI\Y, HEMORIl\J, DI\Y, INDEPENDENCE DAY, LAOOn DAY, 'J'IIANKSGIVING DAY I\ND CHIUS/fMAS DAY.

tn.2 'rile paili holidays mentioned above are to be observed irrespective ot tlte clay of the Heek on Hhich the holiday may fall. If the holiday falls on Sunday, it will be celebrated on Monday. In the event that men \lOrlt on this Sunday holiday, they shall be paid double time. In t.lle evellt that men ~/Ork on Honday, they shall be compensated at Dou/Jle 'llime plus the Holiday Pay. Accordingly, the 110nday follmling the Sunday is treated as the holiday.

18.3 AllY employee laid off wJt.:hin the \-/eek in which a holiday falls shall receive holiday pay. Any employee laid off Ol- not scheduled to \·/txk Hithill seven calendar days prior to a holiday shall rece! ve hoUday pay. 1\ llIan must Hork the working day befor.e and the ~lOrking day after C\

IIOUday to receive holiday pay. An employee shall not receive holiday pay for holidays occurring during seasonal or other lay-off periods. 1Im-/evel', 1 f a new ellll?loyee Is employed by an emp] oyer. for one day only durillg tld.s pedod, he shall not be ent.itled to holiday pay.

18.4 Any employee Ili:r:ed prior to December 1st and laid off after December 15~1 shall be entitled to Christmas Day pay.

1 ~ . ~i Any employee laid otf on or after December 15t.h alld ~Iho return~ to \/or'k by Januaql 15th shall he enti tIed to pay for both Christmas and Ne\-l Year's Day.

18. G It a man is oJ:dered Ollt and reports for \vork on a holiday, Het tortll 1n fiectlon lB.1 above, and does not start, then he shall be paiel a 1lI1rr1.mulII of four (4) hours straJ.ght. ti.me 1n addition to t.he straight: t,1.me given for sa1(1 paiel holi.day. It he ~tar::ts ,<wrIt on a pa:i.el holiday, he Hhall be paId a nd.nimlllll of eight (8) pay at double time, plus the hal illClY pay.

l\R'!'ICU: 19:

19.1 Unless noti fied the previous r.eporting for \-lOrk shall ill any event, Iiolirs pay at straight time .

day not to report, employees receive a m:lllimum of tHO (2)

19 . 2 Tf a Ulan lUust \·,tait more than two (2) hours, that time, in excess of LIre tHU (2) hOIl[,S, shall be considered time Harked.

19.3 It a mall shall start \-IOrk, he shall be guaranteed a minimum of tHO (2) hours pay for that day. In the event, that a man shall \'lode JIIOI~e

Pilye 14

L1lcHI LI-JIj (L) hours, IIf~ shall be paid for all actual hours HOL-keel tllL'lt day. 'I'he intent is not to int.erfere with an eight (8) hour \'IO..-k day, but rather be applicable to weathec conditions, equipment failure 01-

tlt.hf:r' eondjt.ion:; beyond t.he employer's COlltJ~o1.

19.'1 Til the eveut a cont.ractor intends to shutdo~m a job, he shall contact Ule man not later than 6:00 P.M. of the day prior to shutdown.

AH'I'JC!.c1 Z0:

20.1 No employee covered by this agreement shall be required to opel-ate any equipment in violation of any applicable Imt or code. It shall not be a violation of this ag["eement it any such elilployee refuses to operate unsafe equipment unless such refusal is unjustified.

No employee covered by this agreement shall be responsible for payment of any fJne as a result at ttcJeet.ing for an overloaded vehicle. Ie :;hall be tile r-esponsihility at the truck OHner to pay said fines. In tile event the truck OHner or subcont.ractor fails to pay the fines, the genel'al contractor shall be responsible for said fines.

20.2 InspectJon of Vehicles: (a) Over-road vehicles: employees shall be given a maximum of

fi ve ( 5) minutes af ter daily starting time to make a preventJ ve maintenance and safety check of their assigned vehicle. At: the completion of the day' s ~lOrk, each such employee shall fill out one origillal and one copy of a report, the form to be furnished by the employer, Oil ~/hlch the employee shall report any malfunction ot his vp.llic] e during the course of the day. 'Phese reports shall be turned tnto a person designated by the employer. Upon completion of repail.'s, the driver lIill return his copy to management. '1'he time, scope, manner dlld nlt~thod of repairR shall be CIt the discretion of the employer.

With respect to othel.' vehicles, the maintenance check shall be dOlle j/l a()cordance with the employer's past pr.actices and shall not be ::;ubject to the penalty pay clause.

(1J) The employer and union do hereby agree to Hork together to Pl:ORlot:.-; safety on tlte jol) tor the benefit of all employees. Safety rules and regulations will be made known to all employees and the use of I;afety equipment Hill be continually promoted by both par.ties.

(c) I-Ihel.-e the employer has a safety committee on the job, ul1e of the employees \-Iho is a member. of the union shall be a part.y to :-such cOlllmit:t.ee. 'I'he duties of the committee shall be determined by the elllployer.

(d) I\n employee covered by tllis agreement shall £lot be requ ired r.a hack his equipment under such hazardous condtt 1 ons that 111 s sdtery l~ elldan<;jen!c1.

20. J 'l'he union and the employees agree that HillfuJ. neglect and failure by an employee to obey company safety rules and regulations, or LO olJcy safety rules, stalldal:ds and regulaUons as prescribed pursuant to the Occupational Safety and Ifealth J\ct or other governmental n:gulation or legislation, or to use properly such safety devi.ces or equipment as are pt-ovided by the company, shall be just cause for illllnedJ.ate dlscliar.'ge upon first offense and it shall be the decision of tlle union uhether to ask for recourse to the grievance procedure . Copief; of tlte rules shall be furnished at. the time of employment.

[\.H'I'JCLI'! 21:

21. 1 ~~ach employer signatory to this agreement must sign the applicable participation agreements required hy the des1.gnated Fund. It It is understood and agreed that the tenn Health and Helfare Fund afl tlsed in tilts J\rticle shall he the NeH York State 'reamsters COllllci 1 lIealth and I10spital Fund. Said participation agreement required shall he at: tached to and become a part of this agreement. Any employer vlho IIClfj not sJ.gned the required participation agreements will sign sald agl~eelllents at the pre-job conference prior to the cOlllmencement of Hork. failure to sign said participation agreement. shall invalidate the 110-

strike clalwe.

21.2 '1'I1e amounts to be contributed by said employer aloe as listed in Appendix J\ of this agreemellt. All locals require contributions into the NeH York State 'fealTlsters Council Health and Hospital Fund.

21 . .3 111 the even that an employer obligated to malte contributions pursuant to this J\rt1cle faUs to remit the 1II0nies accrued on or before thl~ 10th day of the mOIlt.h tollO\dng the month 1n Hh1ch saj.ct lIIonies aC:Gl'ueli, then in stich event the provisions of the attached part.icipation dgreemellts HhaJ.l be ill full force Clnd effect H1.th respect to that jo/).

22.1 F:ach employer siCJnat.ol~Y [0 tills agreement must :>191l the applleabl e pc.r: ticipation agreements required by the designated Fund, whJell shall then be attached to and become a part of this agreement. All employers \/110 have not stgned the applicable part.icipation agreement required \>1111 51.g0 the appl1eable participation agreement at the pre-job conference prj Ot- to the commencement of \·lOrk. Failure to sign satd partlclpaUoll agreement shall invalidate the no-strike clause. It is understood and agreed that the t.enn Pens ton Fund as used j n t.his agreement is the Ne\-1 York State 'reamsters Conrerence Pens ton and Retirement FUl\d.

22.2 'l'lle amounts to IJe Gont:ributed by said elllployer are as 1 isted j II

!\ppelldi x l\ of this agreement.

22.3 In the event that an employer obligated to make contributions pUl'I:ilJdllt to this Article fails to remit the lIlonies accrued on or before tile 10th day of the l1Ionth follouing the month in I/hich said monies accrued, then in such event the provisions of the attached pal~ticipation agl-eelllent.s shall be 1n fu].1 force and effect \-/ith respect to that job.

H8CIPnocJ'l'Y Qf rIUNmi BFJNP.E'I'l'S

:!3.1 '1'lle parttes t.o this agr.eement mutually agree that it would be in the best interests of the employees represented by the union if pnJV1.sions \-'er-e made to assure that each such employee be credited with every hourly contributi.on made on his behalf by welfare and/or pension !J.=nef1ts.

23.2 'l'he parties to this agreement ftll~ther agree that the goals lIeser -illed in paJ:agraph 1 above could be acllieved by the development:, execution, and implementation of full reciprocity among the various Hp.lfare and pension funds 1n \/hose jurisdictions the employees may be employed.

NON-DIscnIMINA'rIOIJ IN EI'1PLOYHEN'r

24.1 '1'lle employer and the union mutually agr.ee that: they \1111 comply and cooperate Hith all laws, codes, rules, regulations, executive orders Clud administrative decisions, whether state or federal, dealing \~ith

non--discrimination in traininy, memhership, employment, job t.ellure, promotions and every other matter covered by such lal-ls, codes, etc. not herein expressly mentioned.

:!5_ 1 fOl' all \-/ork bid on or after April 1, 1982, there shall be El

tHelve monell carTyover, that shall be effective for: tHelve months after tile IJld dat.e, of t:he neyot:tat_ed rates in effect at: the tIme of bid. 'rhe rates ot \-/ages alld cOnt:l:lllutJ_on::; ::;lIall Uf: the cates of thls ncgoUat_ed agreemellt.

[\H'rICLE 26:

26.1 The elllployel.- shall deduct from the basic Hage rate of the employees covered by the agreellient regular monthly dues of the union in sllch SlIlil as 1.5 established by eaeh local involved.

2G.2 Dues shall be deducted on the firHt pay perlod of the month, alld oilly froll! those employee covered by this agreement \-,ho have sufficJent and are employed fo[" that pay per.iod. Employees ...,ho are not employed or Hllo lIave insufficient earningf:; tor thjs pay period uill be reponstlJle fur. tllelr~ 0\11\ lIues that month.

Paye 17

:!(i . ] No dec1ucU all shall be made tor regulaL monthly dues fOL any such employee unless the employee hilS deposited wtth the ellll?loyer his copy of all exec:ur.ed dues checkoff authorization form I-lhich shall, in no event, be irrevocable for ,a period of more than one year OJ~ the termination dcltl~ at this agreement, \'/hlchever shall be the less ,

:!G.4 gxecutecl copieii of: dues checkoff autliodzation cards Hill be kept on fJle by tile union and the employer.

2(i.5 'l'he emp) oyer assumes no obligation Hi th respect to the ohtaining of dues checkoff authorizatlon cards, it being understood that this is a duty Cllld obl1gatjon of the union.

26, G 'I'he ullion shall indemnify and save the employer hannles8 against allY and all claims, demands, suits, or other forms of liability that shilll arise our. of or by reason of action taken by the company in reU ance upon dues clleckoff authorizat.ion cards furnJ.shed hy the eluployees an/or union ,

J\n'!'ICLF: 27: HORK l\SSESSHEN'l'

~n . 1 'l'he employeL shall deduct frolll the basic I-Iage rate covered by this agreement, the amount as shmm in the Hage rate schedule for each dc tlJal IlOur \lor'ked by such employees .

27 . ::! No deduction shall be made for \-Iork assessment for any slIch elllployee unless t.he employee has deposited with the employer his copy of an execut.ed work a ssessment authorization fonn Hhich shall, in no event, be irrevocable for a period of more than one year or the termination date of this agreement, Hhtchever shall be less.

27, 3 ~~xeclJted copies of t.he work assessment cards ~/ill be kept on file tJY the lin ion anel the employer..

:0.'1 'J'lle eillployer: asslImes no obligation Hith respect to the obtaining of \10 cIt a:;;sesSlllent auLho['lz.ation cards, it: being IIndel'st:ood that tllis 1s d duty and obligation of the 1I1l10n,

T J. 5 ~I.i th respect. to any sllch employee for whom a ~>'Ork asseSSIlIp.nt. authorization cat'd has (lot been furnIshed, the gross basJc wage rate as :'; /r0\-111 .tn the \~age rate schedule shall be patel to the employee on a f.itl·cdght or overtime basis as shall be applicable under this agl'eement.

:) 'l, 6 \'/od< assesslllent. shall I)e ft rst deducted in the fi r st full paYl'ol) period follml1,ng the furnishing of authorization cards.

27.7 'J'lle union shall tndemnify and save the employeL har.mless from alld against. any and all claims, demands, suits, or other forms of lialJU1ty L:./laL sllClll arise out ot or by Leason of action taken or not taken by tile company in reliance upon \-lark assessment authorization cards furnished by the employees and/or union.

Heavy & Highway

Effective June 1, 2018 thru May 31, 2019 or for work on which the carryover clause has expired: COVERING LOCAL 687.

WAGES NYST NYST TOTAL PER HR. H&H FUND PENSION FUND

GROUP 1 $25.82 $15 .63 $9.53 $50.98

GROUP 2 $26.04 $15.63 $9.53 $51.20

Building Trades

Effective June 1, 2018 thru May 31, 2019 or for work on which the carryover clause has expired: COVERING LOCAL 687.

Total Rate Wage/hr Pension/hr Welfare/hr

GROUP # 1 $46.66 $23.58 $7.45 $15.63

GROUP # 2 $47.66 $24.58 $7.45 $15.63

GROUP # 3 $47.76 $24.68 $7.45 $15.63

GROUP # 4 $46.92 $23.84 $7.45 $15.63

GROUP # 5 $42.40 $19.32 $7.45 $15.63

i\PPENDIX 13

ClruLiP I: Warehousemen, Yardmen, Truck Helpers, Pickups, Panel Trucks, Fhllboy Material Trllck" (straight jobs), Single Axle Dump Trucks, Dumpsters, Material Checkers Hml Receivers, C;n:ascrs, Truck Tircll1clI, Mechanic Helpers nnd Parts Chaser. Tandellls and Batch Trucks, Mechanics, Dispatcher. Semi-Trailers, Low-Boy Trucks, Asphalt Distributor Trucks, nlld Agitalor, Mixer Trucks lllld dllmper-ctc type vehicles, Truck Mechllllic, Fllcl Truck, Bus.

CiI"OIIP 2: Specialized I::arlh Moving Equipmellt - Euclid Type or similar oil-highway equipmellt, ,.vhcre not self-loaded, Straddle (Ross) Carrier, and self-contained concrete mobile ulli\. o ITI lighw,lY Ttl/Idem Back-DullIp, Twin Engine Equipment and Double Hitched Equipment where 1101

sl'lf-luaded, J\rticulmed Dump Trucks and AII-Trm: Dump Trucks.

C. Water Tank, Sprinkler Truck and Winch Trucks shall be governed by thc appropriate group according to axle, i.e., single Hxle, Ibree axle, Euclid or semi.

I). The classifications of Greasers, Truck TircllIcll, Truck Mechanic, Truck Illcchanic-hclpers refer to h:llll illg subcolltractors.

I ~ . III Ihe evellt Ihat the Intcl'l1(1tional Brotherhood of Tcamstcrs amI the Inlcl'lIatiolllll UlliOIl or Opt~l'<ltillg Engineers shall reach an agreement Oil the Illtel'l1alional level, which ~lgreelT1clll awards :IJIY or all or the following work classifications to the Teamsters ullion, thcn the dcsignntion sct forth helm\' shall be followed:

(Iroup I: Rubber-tired tractors (towiJlg OJ' pushing flatboy vehicles), Form Trllck.

(inJll!> 2: "A" Frame Operator, Front-eml Loader, and Fork Lin WhCllllscd as a hauling vehicle.

(,roup 2: Boom Truck

I:. Thc Employer recognizes the jll('isdictiol1 or Ihe Union with respect to parts chasing anti whcn tlte :-'crvicc" of a Parts Chaser arc required, sllch work shall be assigned to an employee or tlte Tealllster eraft. III the jurisdiction of Local 6H7 which shall nOl be changed during thc life of this AgreelJlent, parts chasillg shall be assigncd to the Steward.

ARTICLE 2X: JOINT POLlCY ON SUBSTANCE ABUSE

The Employer and Union are commilled to provide a S~lre work ellvironment for irs employees tInd Ihe public alld also maintain n reliable. productive. quality work force and thus nlTinn IhLlt c\lllslrUclionjnb sitcs subject to this Agreemenl must be alcohol alld drug free.

1': ,llployel's whuse job perforl1lance is impaired by the lise of <llcollOl or drugs creale all ullacceptable safety risk 10 thcmselves, co-workers, and public .

Lillployecs who violate the joint policy on substallce abuse shall be subject to disciplille up to and inclllding illllllediale discharge wilhout recourse 10 Ihe grievance procedure.

ARTICLE 2lJ: DURATION AND TERMINATION

TlJi~ agrct: I llC'll I shall remain in full force and effect from June 1,2016 10 alld including _May 3 I, 2() 17 . II shull be renewed from year to year unless either parly serves wrillcn l10tice that il desires 10 Illodify or termillate rhe agreement atleasr sixty (60) days prior to May 31, 2017 or 'ii :.;ty (60) days prior to May 31s1 of any year thereafter.

IN WITNESS WHEREOF, the panics hereto have caused this agreement to be duly subscribed by tltt:ir duly llulhori/.ed represenlatives this X day of If'~ ,20& and this agreement shall he billding UP()11 tllcir heirs, administrators, successors alld as.'igns.

End of Document

Addendum No. 2 to Contract Documents - Ogdensburg.org

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