MEMORANDUM OF AGREEMENT between the CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC. andthe MASON TENDERS DISTRICT COUNCIL The Contractors’ Association of Greater New York, Inc. (“CAGNY”) and the Mason Tenders District Council of Greater New York (“MTDC”) recently concluded negotiations for a new collective bargaining agreement (“Agreement”) to take effect July 1, 2023. In the course of these negotiations, CAGNY and MTDC agreed as follows: 1. Agreement: CAGNY and MTDC shall execute a four-year collective bargaining agreement (“Agreement”) which shall be effective as of July 1, 2023, and shall expire at midnight on June 30, 2027. 2. Terms: The terms of the Agreement shall be the same as the terms of the agreement between the parties that expired on June 30, 2023, except for necessary modifications in dates and as otherwise modified herein. 3. Wages: Modify Article VI, Section 1, “Wages and Benefits,” to increase total compensation (to be allocated by the Union as set forth in Article VI, Section 1 of the Agreement) as follows: Effective January 1, 2024, the total wage and benefit package shall be increased by $1.50 per hour and effective January 1, 2025, the total wage and benefit package shall be increased by $1.25 per hour. Effective January 1, 2026, the total wage and benefit package shall be increased by $1.25 per hour, except if the total wage and benefit increases for the calendar year 2026 negotiated by and between the Union and the Building Contractors Association, Inc. (“BCA”) are less than $1.25 per hour, than CAGNY shall provide increases at the times and in the amounts negotiated between the Union and the BCA for calendar year 2026. Likewise, effective January 1, 2027, the total wage and benefit package shall be increased by $1.25 per hour, except if the total wage and benefit increases for the calendar year 2027 negotiated by and between the Union and the Building Contractors Association, Inc. (“BCA”) are less than $1.25 per hour, than CAGNY shall provide increases at the times and in the amounts negotiated between the Union and the BCA for calendar year 2027. 4. Staffing for Finished Protection Work. Add a new Article III, Section2(h) which provides that: “On open shop jobs bid or awarded on or after July 1, 2023, which are not prevailing ·wage jobs or subject to a BCTC PLA, and which involve a substantial amount of protection of finished installations, the Employer may use the maximum permissible State DoL ratio of apprentices after the first two journey-workers. Further, where the Union cannot refer additional apprentices to such a job sufficient to provide the Employer a crew in which -no more than 40% of the Mason Tenders are either 4876-2307~077. l apprentices or from other established Laborer classifications compensated not in excess of the Tier B Residential Laborer’s rate (‘Other Specialty Laborers’), the Employer may employ Other Specialty Laborers from among employer-selected positions in the staffing ratio to reach the referenced 40% threshold. 5. Hours of Work and Overtime. a. Modify Article V, Section 1(a) to provide: The Employer shall have the option to schedule start times between 6:oo a.m. and 9:00 a.m. for the regular workday and to stagger shifts commencing between 6:oo a.m. and 9:00 a.m., with the understanding that a Union appointed–shop steward shall work the longer shift, if any; and for any period where the Union appointed shop-steward is not on the job, a shop steward-certified Mason Tender approved by the Business Manager will be assigned from a shift that is working to keep track of Mason Tenders’ hours. Mason Tenders performing work related to the provision of temporary heat on masonry work shall, at the option of the Employer, commence work one hour before the commencement of the regular shift and shall not perform any work other than work related to the provision of temporary heat, for so long as temporary heat is provided. The Employer may change the start times on a job, and/ or stagger shift, provided such new start times and/or staggered shifts=shall remain in effect for at least five (5) days. b. Add a sentence in Article V, Section t(h): “However, the preceding shall not entitle Mason Tenders to overtime if they have not worked eight hours that day.” c. Modify Article V, Section t(d) by changing the section beginning with the fourth sentence to read as follows (note, not all deletions are included below): In order to utilize a day “terminated” for one of the reasons listed above, the Employer must notify the Union by noon of the Friday preceding the make-up day that it intends to work a make-up day. Mason Tenders employed by the Employer on the day so “terminated” shall have the right to work on the make-up Saturday, but those Mason Tenders shall also have the right to decline work on a make-up Saturday. The number of employees working on a make-up Saturday at straight time .. shall not exceed the number of employees working the day that work “terminated.” A make-up Saturday shall be an eight-hour day. The preceding shall not prevent the Employer from scheduling additional Mason Tenders to work on a make-up Saturday pursuant to the regularly applicable (time and a half) provisions of the Agreementl: In the event work is terminated for one of the reasons listed above on a make-up Saturday, the employees shall be paid for an eight-hour day. 2 4876-2307-0077.1 6. Shop Stewards. a. Modify the second to last sentence of Article VIII, Section 1(a), to read: “The Shop Steward is to work up to the completion of the job and shall be the second-to-last Mason Tender to be discharged, except if a Shop Steward lacks the skill and ability needed to perform the work remaining at the final stages of a job, the Union shall not unreasonably deny a request to lay the Shop Steward off earlier; and to have the functions of the Shop Steward performed by a remaining member of the crew who possess the qualifications to be appointed as an Employer-requested Shop Steward.” b. The Union further agrees that it will schedule one or more special shop steward certifications classes when needed to train a cohort of Mason Tenders the Em players seek to request as Shop Stewards. 7. Miscellaneous. a. Modify Schedule C Sideletter to provide: i. Provide new paragraph 1d, reading: “At the request of an Owner/Developer, “Random Testing” conducted by a qualified third-party provider, in compliance with New York State law.” ii. Add the following to paragraph 2 following “marijuana”: “only to the extent pe1mitted by New Y01·k State law.,, b. The Union agrees that commencing no later than September 1, 2023, all Mason Tenders referred from the Hiring Hall or appointed as shop stewards will have been required to show the Union proof that they have completed the Staterequired anti-harassment training. c. Modify Article III, Section 4 as follows; “There shall be no discrimination against any employee or applicant for employment with respect to race, creed, color, national origin, sex, age, disability, veteran status, marital status, religion, gender, sexual orientation, affectional preference, citizenship status, concerted activity, or union membership or any characteristic protected by federal state or local law in any employment decisions.” d. As authorized in Labor Law Section 198-E (10), this Agreement hereby waives any otherwise applicable rights of the Union under Labor Law Section 198-E to hold an Employer liable for wages or fringe benefit contributions owed by a subcontractor for work perfOl’med by employees which the Union represents. 3 4876-2307-0077. l The Union further agrees that no third-party, including but not limited to any fringe benefit or other fund identified in this collective bargaining agreement, possesses the authority to act on its behalf to seek and collect such wages and fringe benefits from an Employer pursuant to New York Labor Law Section 198- E. The preceding shall not impair any rights provided to the Union under Article II, Section 2 of the Agreement. e. Modify Article X, Section 3 to replace Roger Mahr and James Manning v.ith Howard Edelman. 8. Sideletters and Target Committee. Replace Sideletters 1, 2, and 3 with the attached “Sideletter #I on Residential Terms and the Target Committee (“Sideletter #1,, or the “Sideletter’). 9. Januaty 1, 2026 Reopener. Based on the failure of the procedures set forth in paragraph II of Sideletter #1 to in a timely and consistent manner provide targeted relief requested by Employers, which failures results in a material of loss of market share, CAGNY may reopen the Agreement effective Januazy 1, 2026, for the s~le purposes of negotiating in good faith over the terms and procedures pertaining to the Target Committee (paragraph II of the Sideletter). CAGNY must provide notice to the Union (a “Reopener Notice”) between sixty and ninety days before January 1, 2026, of its intent to reopen the Agreement for the purposes of renegotiating paragraph II of the Sideletter regarding Residential Terms and the Target Committee. Following the submission of the Reopener Notice, CAGNY shall provide the Union documentation supporting its claim that it has satisfied the conditions necessary to reopen the Agreement, and the parties shall immediately commence good faith negotiations to consider making reasonable adjustments, if any, to paragraph II of the Sideletter to avoid reopening the Agreement. In the event the Union disputes the CAGNY’s right to reopen the Agreement, it may submit such claim to arbitration under the Agreement by notice provided to CAGNY no later than December 1, 2025, in which event the Agreement shall remain in effect unmodified by the Reopener Notice until such time, if any, as the arbitrator rules in favor of CAGNY. 10. ADR. The parties agree to develop and implement an alternative dispute resolution program covering worke1·s compensation claims filed by Mason Tenders. The parties shall designate representatives who shall meet regularly to develop and implement such program. 11. CAGNY: Execution of this Agreement by CAGNY binds all members of CAGNY to its terms. 4 4876-2307-0077. l 12. Signatures: For purposes of execution of this Memorandum of Agreement, emailed and electronic signatures shall be treated as originals. Dated this __ th Day of August, 2023 FOR CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC. li/4JJ1,1¥~~ Raymond G. McGuire Managing Director, CAGNY 4876-2307-0077. I 5 Dated this __ th Day of August, 2023 FOR MASON TENDERS DISTRICT COUN<_;J_b–7 1/ David Bolger Business Manager, Mas District Council SIDELETTER #1 August_, 2023 VIA EMAIL AND US MAIL Mr. David Bolger Business Manager Mason Tenders District Council of Greater NY 520 Eighth Avenue Suite 650 New York, NY 10018 Re: Residential Terms and the Target Committee Dear David: The Mason Tenders District Council of Greater New York (“MTDC”) and the Contractors Association of Greater New York (“CAGNY”) have agreed to make the follo\\ing modifications to the otherwise applicable collective bargaining agreement between them (the “Standard Agreement”) with respect to residential/hospitality projects and “At Risk” projects. I. Target Committee. 1. Definitions. a. A “Residential Project” shall be one ,,ith respect to which no less than 70% of the habitable space, measured in square feet, is to be used either for permanent or temporary residences, but excluding projects that require the payment of prevailing wages under New York or federal law, or projects that qualify for 421-a tax relief or similar laws intended to replace or modify 421-a. On mixed-use projects that fall within this scope, the fit-out of space which is not to be used as either permanent or tern porary residences will be subject to the Standard Agreement, unmodified by these Residential Terms. b. “At Risk Projects” are those in which Employers are bidding against non-union construction managers and general contractors on “open shop” projects including residential projects but excluding prevailing wage projects, BCTC PLA projects, and “out of the ground” new hospital construction ( unless the contractor is bidding against a nonunion construction manager \i\rith respect to such new hospital work in which case it shall be considered an At Risk Project). 2. In order to allow Employers to compete more successfully for “At Risk Projects” the parties agree that they shall establish a Target Committee 4886-0036-5679.5 David Bolger August_, 2023 Page2 (“Committee,,) of six persons, three appointed by CAGNY and three appointed by the MTDC, which will have the authority, \t\7ith the approval of four (4) Committee members, to approve or modify submitted requests. 3. The Target Committee shall have authority to permit and approve: a. The use of Tier A Residential Journeworker, Tier B Residential Journeyworker, additional Apprentices, and/or other now existing or later established categories of Mason Tenders on At Risk Projects in ratios to be determined by the Committee. b. Requests to subcontract mason tending, demolition, and fireproofing packages to non-signatories. However, the parties agree that mason tending work that is part of an interior masonry (‘CMU’) bid package where all phases of CMU work on the job do not exceed $1. 75 million, shall not be subject to the standard Target Committee approval process but may be bid and contracted to a non-signatory contractor provided written notice to the Union representative on the Target Committee is provided in advance of the award. 4. When bidding against non-union competitors on At Risk Projects Employers requesting the following forms of relief should expect to receive Committee approval: a. All journeyworkers paid at 80% of their regular rate of pay. If, however, any journeyworker is paid above the 80% rate all journeyworkers shall be paid at such higher rate; provided, further however, that forepersons and assistant forepersons may be paid above scale without an obligation for all journeyworkers to be paid above scale so long as no more than one in every five Mason Tenders is given the designation as a foreperson or assistant foreperson. With reasonable notice, the Union will be entitled to review payroll or other relevant records for the job to confirm rates of compensation of Mason Tenders working on those jobs. b. On Residential Projects which are also At Risk Projects, the Target Committee shall consider other ratios, including the third and/ or fourth workers being apprentices in the 4-person crew. c. The Employer may request a 5% shift differential for the second and third shifts. 5. The Target Committee shall not be required to consider requests for relief entailing: 4886-0036-5679.5 David Bolger August_, 2023 Page3 a. Subcontracting general conditions work (except as otherwise provided in the Agreement) to a non-signatory company including, among other things, hiring or overseeing employees of a non-signatory contractor performing work covered by the collective bargaining agreement. b. Subcontracting relief with respect to which protest and/ or picketing protections are extended to the non-signatory subcontractor. c. Wage and benefit rates other than those already set forth in the Agreement and/ or this Sideletter. 6. The Rules attached hereto as Exhibit A will govern the deliberations and decisions of the Target Committee. II. Residential and Hospitality Terms. The following terms shall supersede the otherwise applicable terms of the Standard Agreement. Except as specifically set forth herein, the Standard Agreement shall apply on Residential Projects. 1. Residential Rates and Staffing Sequences. a) There shall be three categories of Mason Tenders on Residential Projects as listed below; initially and as the crew’s size increases, Mason Tenders shall be added in the following, repeating order: 2 Tier A Residential Journeyworker 3 Tier B Residential Laborer 4 Tier B Residential Laborer 5 Apprentice. (This standard four-person staffing-unit shall be referred to as a “Crew of Four,” and shall repeat itself as the size of the crew increases except as set forth in paragraph 5 herein, e.g. the first through fourth Mason Tenders are added in the above order, as are the fifth through eighth, etc.). b) As of July 1, 2023, the applicable rates of compensation for the categories of Mason Tenders on Residential Projects are set forth in the January 1 2023, to December 31, 2023 Schedule A Residential Projects rate sheet. Increases to the total wage and benefit package for “Tier A Residential Journeyworker” shall be equal to eighty percent of the amounts set forth in Article VI, Section 1 (); and increases to the total wage and benefit package for Tier B Residential Laborer shall be equal to fifty percent of the amounts set forth in Article VI, Section 1. 4886-0036-5679 .s David Bolger August_, 2023 Page4 2. Shop Steward and other Referrals. The first Mason Tender on a Residential Project shall be a shop steward appointed by the Union. Employers can request the appointment of a particular Mason Tender, including a foreman, as a steward (who may be a person previously employed by the Employer). The Mason Tender requested must have satisfied the shop steward eligibility criteria generally followed by the Union for qualified shop stewards. The Union will not unreasonably deny an Employer’s request. It is understood that on small jobs, the steward is likely to also serve as the foreman. Once the crew exceeds four, the Employer may assign the first Mason Tender to serve full-time as the foreman, in which event the sth Mason Tender (a Tier A Residential Journeyworker) will be a shop steward appointed by the Union as provided in the Standard Agreement. The Union may, at its discretion refer a shop steward at the Residential B rate as the second Mason Tender on the job; when there are 5 or more Mason Tenders, the shop steward shall become a Tier A Residential Journeyw-orker and the fifth shall be a Tier B Residential Laborer. The Union may revoke the shop steward status of any steward whom it deems to have failed to properly perform the shop steward functions, in which event the Union shall appoint a replacement shop steward as provided in the Standard Agreement. All other Tier A Residential J ourneyworkers and all Tier B Residential Journeyworkers may be “selected by the Employer” as set forth in Article III, Section 2 (c)) of the Standard Agreement. Apprentices on Residential Projects shall be selected/referred pursuant to the regularly applicable provisions of Article III, Section 2 (e)) of the Standard Agreement, provided however than an Employer seeking to maintain a Residential Tier B Laborer in employment may assign a Tier B Residential Journeyworker to a Residential Apprentice spot. 3. Short-term Ratio Exception. For a period occurring no more than two (2) times per month and lasting no longer than two (2) consecutive work-days, an Employer may, without strict adherence to the Crew of Four repeating sequence, meet a short-term staffing need on a Residential Project by reassigning Mason Tende1·s then-employed on any of its other jobs; provided however, that no Mason Tender shall suffer a decrease in his regularly applicable rate of pay and applicable fund contributions as a result of such short-term transfer and a Mason Tender may decline the additional work ,-vithout repercussion. 4886-0036-5679 .5 David Bolger August_, 2023 Page6 EXHIBIT A TAR GET COMMITTEE RULES The following shall constitute the rules of Target Committee (“Committee”), governing their deliberations and decisions: 1. Composition: The Committee shall consist of the undersigned six members, each of whom was appointed by a writing issued by CAGNY (“CAGNY Representatives”) and the MTDC (“Union Representatives’l 2. Authority: The Target Committee shall have the authority, with the approval of 4 Target Committee Members, to make modifications of the CAGNY /MTDC col1ective bargaining agreement as set forth in Sideletter #1, dated July , 2023. 3. Staff: CAGNY shall provide one or more staff persons to schedllle meetings, keep minutes of meetings, publish decisions, and provide other administrative support as directed. 4. Quorum: Two Union Representatives and two CAGNY Representatives, present in per~on, by phone, or by assigning their vote by proxy, shall constitute a quorum. Proxies shall also be permitted where Target Committee members are otherwise not available for a meeting (i.e. irrespective of whether their presence is necessary to make a Quorum). 5. Meeting: The Committee may meet in person or by telephone. 6. Appeals to Target Committee: A CAGNY Member which has an opportunity to bid an At Risk Project or is seeking subcontracting relief having been awarded an At Risk Project, shall fil] out and e-mail the attached fonn to Committee members, indicating what relevant adjustments it is seeking. 7. Timing: The Committee shall schedule a meeting within 48 hours of the Target Committee Request being submitted to the Committee. Either the Union Representatives or the CAGNY Representatives may require an in-person meeting at a mutuallyconvenient time and venue. The Committee shall decide the request within a reasonable period fol1owing the conc1usion of its meeting and the decision shall be e-mailed to all CAGNY Members. 8. Criteria: In deciding whether to grant the request of the CAGNY Member submitting an appeal, the Committee shall consider: • Whether the owner/developer has awarded contracts to open shop construction managers/general contractors in the past; • Which other construction managers/general contractors are bidding for the project; 4886-0036-5679.5 David Bolger August_, 2023 Page7 • What relief was afforded to other CAGNY Members seeking relief on similar projects; • Whether the amount of work lost to Non-Signatory construction managers is trending up; • Whether, when seeking relief from subcontracting restrictions on At Risk Projects, the CAGNY Member has included bids from a representative selection of union-signatory contractors; • What relief is consistent with past decisions; and • Whether the relief requested presents an undue risk of undermining the standards of employment maintained by the Union across its jurisdiction as set forth in the Standard Agreement and/or its agreements with other associations. 9. Arbitration. In the event of a deadlock of the Target Committee, CAGNY may seek expedited arbitration on behalf of its affected Member on the issue, and only the issue, of whether the Union Representatives on the Committee have unreasonably voted against the requested relief. The rules and procedures of Article X, Section 2 Step 3 of the Standard Agreement shall apply except that: • The Arbitration panel for such proceedings shall be Howard Edelman. If Howard Edelman is not available to hear a caset either Susan Panepento or Abigail R. Levy shall serve as the arbitrator; the choice between the two of them will initially be decided by lot and thereafter alternating if Howard Edelman is unavailable. • Hearings (which may be conducted remotely) shall occur within three business days of notice by CAGNY. • Relevant documents, including but not limited to those related to the bid and leveling process in the case of subcontract requests, sha11 promptly be shared with the Union, provided that, if requested, Union representatives agree to execute a non .. disclosures agreement which shall generally prohibit the Union and its representatives from disclosing to anyone outside of arbitration the bid and leveling info1mation. • Decision shall be rendered by the arbitrator within 24 hours after close of the hearing. 4886-0036-S679 .S David Bolger August_, 2023 Pages Dated this _ 111 Dny or August, 2023 /\GREED TO AND ACCEPTED ON BEHALF OF C’J\GNY MEMBER COMPANIES: CAULDWELL WINGATE COMPANY, LLC I IUNTER ROBERTS CONSTRUCTION GROUP l.l~NDLl·:ASE (US) CONSTRUCTION I.MD INC. P;\ V /\RINI MCGOVERN f>IJJ\ZJ\ CONSTRUCTION I.LC TURNER CONSTRUCTION COMP;\NY 13~V\.,:\:S ~-‘c:7 ~h.) @!A~ Chairman -ISX6-0036-5679.5 Dated this ih Day of August, 2023 /\GREED TO AND ACCEPTED ON BEi IJ\LF OF THE MASON TENDERS DISTRICT COUNCIL OF GREATER NEW YORK AND LONG ISLAND
