CAGNY MTDC 7.1.2023-6.30.2027 CBA and Sideletters Fully Executed

AGREEMENT
between
MASON TENDERS’ DISTRICT COUNCIL
OF GREATER NEW YORK
and
CONTRACTORS’ ASSOCIATION OF GREATER
NEW YORK, INC.
JULY 1, 2023
-toJUNE 30, 2027
4872-5249-1413.1
TABLE OF CONTENTS
Page

ARTICLE I RECOGNITION ARTICLE II SUBCONTRACTING	1 2
Section 1. Section 2. Section 3. Section 4. Section 5.	Subcontracting Bargaining Unit Work Subcontractor’s Funds Delinquency No Circumvention of Agreement Employer’s Obligations Future Employer Acquisitions	2 3 3 3 3
Section 6.	Residential and Hospitality Market Recovery Program	3
Section 7.	Paymasters	4
ARTICLE III UNION REQUIREMENTS	4
Section 1.	Union Security	4
Section 2.	Referrals	5
Section 3. Section 4.	Continuing Education Non-Discrimination	7 8
ARTICLE IV WORK COVERED	8
Section 1.	Mason Tender Work	8
Section 2.	Hazardous Abatement	12
Section 3.	Demolition Work	12
Section 4.	Other Work	14
Section 5.	Future Awarded or Assigned Work	14
ARTICLE V HOURS OF WORK, OVERTIME AND HOLIDAYS	15
Section 1.	Hours of Work	15
Section 2.	Overtime	16
Section 3.	Holidays	17
Section 4.	Union Notification	17
Section 5.	Lunch Period	17
Section 6.	Union Activity Leave	17
ARTICLE VI WAGES AND FRINGE BENEFITS	18
Section 1.	Wages	18

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TABLE OF CONTENTS
(continued)
Page

Section 2.	Overtime Rates	18
Section 3.	Union Dues	18
Section 4. Welfare Fund	19
Section 5.	Pension Fund	19
Section 6. Annuity Fund	20
Section 7.	Training Program	20
Section 8.	State LECET Fund	20
Section 9.	NYS Health and Safety Fund	21
Section 10. GNY LECET Fund	21
Section 11. Vacation Account	21
Section 12. MTDC PAC Fund	21
Section 13. CAGNY IAF	22
Section 14. CIP Advancement Fund	22
Section 15. Fringe Benefit Administration	22
Section 16. Surety Bond	22
Section 17. Payment of Wages	23
Section 18. Payment of Wages by Check	25
Section 19. Employer Records	26
Section 20. Travel Reimbursement Section 21. Show-Up Pay ARTICLE VII WORK CONDITIONS	29 29 29

 

Section 1.	Tool House	29
Section 2.	Inclement Weather Clothing	29
Section 3. Tools	30
Section 4.	Gratuities and Pay Advances	30
Section 5. Section 6.	Elevator Maintenance And Weight Restrictions Federal, State and Local Law Compliance	30 31
ARTICLE VIII UNION REPRESENTATIVES	31

Section 1. Shop Stewards 31
Section 2. Business Agents 32
Section 3. Forepersons 33
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-iiiTABLE OF CONTENTS
(continued)
Page

ARTICLE IX NO STRIKES/NO LOCKOUTS	33
ARTICLE X DISPUTE RESOLUTION PROCEDURE	34
ARTICLE XI JOINT ADVISORY COMMITTEE	36
ARTICLE XII DRUG AN ALCOHOL TESTING	36
ARTICLE XIII EARNED SICK TIME LEAVE ACT WAIVER	37
ARTICLE XIV WAGE THEFT LAW WAIVER	37
Section 1.	Local Law198-E	37
ARTICLE XV ALTERNATIVE DISPUTE RESOLUTION ARTICLE XVI MISCELLANEOUS	37 38
Section 1.	Severability	38
Section 2. CAGNY Membership	38
Section 3. Employer Obligations	39
Section 4. Practicable Applications	39
Section 5. Termination of Agreement	39
Section 6. Most Favored Nations	39
Section 7. Construction Manager	40
Section 8. Enforceability Section 9. Scan In/Scan Out Section 10. January 1, 2026 Reopener Section 11. Headings ARTICLE XVII DURATION SCHEDULE C SIDE LETTER	40 40 40 41 41
SIDE LETTER #1

4872-5249-1413.1
AGREEMENT
This Collective Bargaining Agreement (hereinafter “Agreement”) is
entered into by and between the undersigned CONTRACTORS’ ASSOCIATION OF
GREATER NEW YORK, INC., (hereinafter referred to as “CAGNY”) on behalf of its
constituent employers (hereinafter “Employer(s)”) and the MASON TENDERS’
DISTRICT COUNCIL OF GREATER NEW YORK, affiliated with the Laborers
International Union of North America (hereinafter referred to as the “Union”) for its
constituent Local Unions Number 78 and 79.
ARTICLE I
RECOGNITION
Section 1. The Employer recognizes the Union as the exclusive
collective bargaining agent for all employees covered by this Agreement. The term
“Mason Tenders” as used in this Agreement includes all employees who perform work as
described in Article IV of this Agreement.
The Union claims and has shown proof, and the Association and all
Employers acknowledge and agree, that a majority of employees for each and every
Employer have authorized the Union to represent them in collective bargaining. The
Association and all Employers hereby recognize the Union as the exclusive bargaining
representative under Section 9(a) of the National Labor Relations Act for all employees
who perform work covered by Article IV of this Agreement on all present and future job
sites.
The Employers agree that should the Union request recognition as the
Section 9(a) representative of any Employer, the Employer shall, upon presentation of
documentary evidence of the Union’s support by a majority of the employees of the
Employer covered by this Agreement, recognize the Union as the exclusive bargaining
representative under Section 9(a) of the National Labor Relations Act for all employees
who perform work covered by this Agreement.
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Section 2. This Trade Agreement is effective on all jobs in Greater New
York City within its established boundaries.
ARTICLE II
SUBCONTRACTING
Section 1. Subcontracting Bargaining Unit Work: No Employer
shall enter into a contract or subcontract with any other person, firm, partnership,
corporation or joint venture employing Mason Tenders to perform bargaining unit work
as defined in Article IV (hereinafter “bargaining unit work”) on the same job site, unless
such other person, firm, partnership, corporation or joint venture is bound by an
Agreement with the Union.
Section 2. Subcontractor’s Funds Delinquency: The Employer
shall not subcontract “on site” bargaining unit work as defined in Article IV unless the
employer receiving the subcontract has an Agreement with the Union. In the event that
any subcontractor of the Employer is delinquent in the payment of contributions to the
fringe benefit funds set forth in Article VI (“Funds”), the Employer, upon written notice
from the Union or the Funds, shall withhold such delinquent sums from payments owed
to the subcontractor with respect to the affected job, and upon request of the Union or
Funds provide written notice confirming such withholding. Such notice from the Funds
or the Union shall indicate the sums owed by the subcontractor[s] for work performed
at the specified site of the Employer, and the Employer shall be required only to
withhold sums owed by the subcontractor for work performed on that specific site (and
from payments due to the subcontractor for work performed on that specific site). The
subcontractor, by this Agreement, authorizes the withholding of these sums and further
authorizes the Employer to pay such delinquent amounts directly to the Fringe Benefit
Funds.
If the subcontractor fails to object in writing to the payment of such
monies to the Fringe Benefit Funds within ten (to) days of its receipt of written notice
of the Union’s or Fund’s invocation of rights under this Section, monies required to be
withheld shall be paid directly to the Fringe Benefit Funds. If the Employer is given
written notice within the required period that the allegedly delinquent subcontractor
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disputes owing any portion of the amounts that the Union or the Funds claims is
delinquent for work at the specified site, the Employer shall continue to withhold the
sums, but need not forward to the Funds the amounts claimed to be owed until the
earlier of either: (i) the subcontractor acknowledges the amount due or otherwise
consents to the Employer’s payment of the monies to the Funds, or (ii) the Union or the
Funds either submits to the Employer the results of an audit conducted by a third-party
qualified auditing firm supporting the Funds’ or Union’s claim with respect to the
amounts owed by the subcontractor, or the subcontractor refuses to allow7 the Union or
Funds to conduct such an audit.
Section 3. No Circumvention of Agreement: The Employer agrees
that it will not subcontract any work covered by this Agreement in order to circumvent
the payment of wages and fringe benefits and the working conditions provided for in
this Agreement.
Section 4. Employer’s Obligations: If an Employer covered by this
Agreement, or owners or principals that have a controlling interest in the Employer,
forms or acquires by purchase, merger or otherwise, a controlling interest, whether by
ownership, stock, equitable or managerial, in another company performing bargaining
unit work within this jurisdiction, this Agreement shall cover such other operation and
such other bargaining unit employees shall be considered an accretion to the bargaining
unit.
Section 5. Future Employer Acquisitions: If an Employer covered
by this Agreement, or owners or principals that have a controlling interest in the
Employer, forms or acquires by purchase, merger or otherwise, a controlling interest,
whether by ownership, stock, equitable or managerial, in another company performing
bargaining unit work within this jurisdiction, this Agreement shall cover such other
operation and the Employer and such other company shall be jointly and severallyliable
for each other’s obligations under this Agreement.
Section 6. Residential and Hospitality Market Recovery
Program: Sideletter #1 attached hereto contains the terms applicable to Residential
and Hospitality projects.
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Section 7. Paymasters: Employers shall not use or serve as
paymasters. The preceding shall not be construed to preclude an Employer from either
entering into i) a joint venture with another company (whether signed to an agreement
with the Union or not), provided the joint venture complies with the Agreement for all
work described in Article IV of the Agreement (Work Covered); or ii) a “true”
subcontract of general conditions work (meaning the subcontract is for a defined scope
of general conditions work at a fixed price), in which case the regularly applicable terms
and conditions of the Agreement regarding subcontracting shall apply.
ARTICLE III
UNION REQUIREMENTS
Section 1. Union Security:
(a) It shall be a condition of employment that all employees of the
Employer who perform work covered by Article IV of this Agreement shall become or
remain members in good standing of the Union or shall pay uniform initiation and
agency fees on or after the eighth day following the date of execution of this Agreement,
or after the eighth day following the beginning of covered employment. The Union
agrees that all employees will be accepted to membership on its roster of eligible
laborers on the same terms and conditions generally applicable to other members or
laborers on its roster of eligible laborers and, further, that the Employer will not be
requested to discharge an employee for reasons other than such employee’s failure to
tender the periodic dues or fees uniformly required.
(b) The Union shall have the right to collect a reasonable fee for
inclusion on the roster of eligible laborers from all persons who are not members in
good standing of the Union or are not tendering uniform initiation and agency fees
uniformly required. Such fee shall be collected to cover the reasonable cost of
maintaining the roster of eligible laborers. At the earliest date permitted by law, a
person who has paid a fee to be included on the roster of eligible laborers and is referred
to an Employer shall tender to the Union upon acceptance for employment by the
Employer the uniform initiation and agency fees uniformly required.
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(c) The Employer agrees to discharge, on seven days’ written notice,
signed by the Secretary-Treasurer of the Union, any employee who has failed to tender
uniform initiation and agency fees uniformly required, provided that the notice is also
provided to the employee and the employee does not pay the required initiation and
agency fees within seven days of the date of the notice. The Union shall indemnify and
hold the Employer harmless for any financial liability arising from the Employer’s
compliance with such notice.
Section 2. Referrals:
(a) The Employer shall, prior to the commencement of a job, advise
the Union of the job in order to permit the appointment of a Shop Steward. The first
Mason Tender on any job site shall be selected by the Employer. The second Mason
Tender on a job site shall be a Shop Steward appointed by the Union. The next five
Mason Tenders, exclusive of any Apprentice, shall be selected by the Employer.
Commencing with the ninth Mason Tender on a job site (counted inclusive of the
Apprentice), 50% of all Mason Tenders shall be furnished and referred by the Union to
the Employer from the roster of eligible laborers and 50% shall be selected by the
Employer, exclusive of any Apprentice. The Employer will make a good faith effort to
employ more than the required minimum number of Mason Tenders from the hiring
hall. When a Mason Tender is referred from the Hiring Hall, the Employer may request
that Mason Tender by name for a period of twelve (12) months following the initial
referral and that employee shall count as a Hiring Hall referral towards the ratio
requirement. It is understood that the Employer shall hire whomsoever it sees fit, and
that the Employer shall at all times be the sole judge as to the work to be performed and
whether such work performed by the Mason Tenders is satisfactory. All Mason Tenders
hired by the Employer shall become or remain members in good standing of the Union
or shall pay uniform initiation and agency fees at the earliest date permitted by law.
With notification to the Union, the Employer shall be permitted to reject a Shop Steward
for cause if the Shop Steward was previously employed by the Employer or to discharge
a Shop Steward for cause.
(b) As of July 1, 2002, an Employer shall employ apprentices at job
sites. At a minimum, the fifth Mason Tender on the site, and every fifth Mason Tender
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on the site thereafter, (i.e., fifth, tenth, fifteenth and so on), shall be an apprentice. At
the Employer’s option, however, the following alternative apprentice ratio shall apply:
the third or fourth Mason Tender, the seventh Mason Tender, and every fifth Mason
Tender on the site thereafter (i.e., the twelfth, seventeenth and so on) shall be an
apprentice. To fill these apprentice positions, the Employer may move the apprentices it
employs from site to site as needed, provided, however, that the Employer agrees to
comply with apprentice program notifications and training requirements.
(c) There shall be a Joint Apprenticeship Training Committee (“JATC”)
charged with direction of the Apprentices. The Employer agrees to and shall be bound
by all terms and conditions of the JATC documents creating the JATC and by any rules
or by-laws adopted by the JATC, as they may be amended from time to time. Further,
effective July 1, 2003, or at such time as the Union determines in its sole discretion
thereafter, the Union shall have the authority to implement a Mandatory Apprenticeship
Program pursuant to which all Mason Tenders on any job shall either be credited as
Journeymen by the JATC, or designated and enrolled as Apprentices in the JATCadministered program. The Employer hereby agrees to abide by all rules and
regulations and amendments thereto, of the Union and the JATC concerning the
implementation and maintenance of the Mandatory Apprenticeship Program. In
addition, CAGNY agrees, at the request of the Union, to appoint Employer
representatives to participate in a Joint Committee to oversee and monitor the
implementation of the Apprenticeship Program by CAGNY members.
(d) The Employer shall have the absolute right to reject any job
applicant referred by the Union, with the exception of the Shop Steward, who can only
be rejected pursuant to the procedure set forth in subsection 2 (a) of this Article III. In
the event of such rejection, the Union will refer another applicant to the Employer.
(e) In the event that any applicable statute is enacted or any decision
rendered by a court or administrative agency having jurisdiction thereof, which statute
or decision permits union security or hiring provisions more favorable to the Union than
those contained herein, then the parties hereto shall meet and negotiate concerning the
amendment of this Agreement.
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(f) In the Borough of Richmond the handling of Lathers materials and
the tending of Plasterers is the work of the Mason Tenders.
(g) When an Employer is performing work for more than one client in
the same building, all such work shall be treated as a single jobsite for purposes of these
referral provisions of the Agreement.
(h) 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 Department of Labor ratio of apprentices after the first two
journeypersons. 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 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 employerselected positions in the staffing ratio to reach the referenced 40% threshold.
Section 3. Continuing Education: The Employer shall require any
employee whom it employs for 1200 hours or more in a continuous 12 month period to
successfully complete the following courses (or their equivalents) offered by the MTDC
Trade Education Fund:

> > > > >	General Contractor (16/40 hours) Hand and Power Tool Applications (8 hours) OSHA (10 hours) Fireguard (4 hours) Learn to Burn (2 hours)
The Employer may require any employee whom it employs for 1200 hours or more in a continuous 12 month period to successfully complete one or more of the following courses (or the equivalents) offered by the MTDC Trade Education Fund:
> > > > > >	Blueprint Reading (32 & 80 hours) Fall Protection Awareness (4 hours) Foreperson Awareness (8 hours) Foreperson Preparedness (40 hours) CPR (4 hours) First Aid (4 hours) -7-

4872-5249-1413 I

> > > >

Computer Training (4 hours) Sexual Harassment Awareness (4 hours) Scaffold Erector Safety (32 hours) Scaffold User (8 hours).

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 State-required
anti-harassment training.
Section 4. Non-Discrimination: The Employer and the Union agree
they will not discriminate 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. The parties agree to discuss ways to create
and implement an alternative dispute resolution (“ADR”) program for resolution of
claims of discrimination.
ARTICLE IV
WORK COVERED
Section 1. Mason Tender Work: The Employer shall exclusively
employ Mason Tenders to perform the following work:

(a)	The cleaning and sweeping of sidewalks or their
maintenance, and the maintenance of safety equipment, barricades and flags, from the inception of the job to its completion.
(b)	Jacking up of trailer offices or the erection and dismantling
of shanties on the job site, and the opening and closing of windows on the job.
(c)	Installation and maintenance of temporary heat other than

electric heat in trailers, shanties, or temporary toilet facilities on the job site, and
the heating of masonry materials for installation during the winter.
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4872-5249-1413.1

(d)	Installation and maintenance of fire preventive equipment,
including fire extinguishers on the job site.
(e)	Assist the Project Engineers, if required, at the inception of
the job to perform the marking of locations for the placement of temporary
facilities and signs. (f)	Tending Masons or Bricklayers on construction jobs of every
nature and description including bridges, tunnels and sewer jobs.
(g)	Mixing and placing concrete in the foundations for masonry

bearing walls and foundations for stone buildings, according to the International
Union ruling of January 28, 1948, including placing steel forms, wooden forms, or
any other forms for concrete foundations on such jobs.
(h) Wheel or carry materials in or about the job site and assist in
the preparation of masonry materials to be used by mechanics, whether such
preparation is by hand or by other process, or supply, convey, stock pile, clean,
load or unload material which has not been awarded to other trades, whether by
hand or any other mechanical device, including fork lifts when used to hoist
equipment or materials to levels not in excess of nine feet.
(i) Clean or scrape mortar or plaster or spackle or debris of any
kind or type from windows, door bucks, or window frames, and do rough cleaning,
and clean floors of refuse and deposit it in chutes or in trucks, and remove debris
resulting from the cleaning and removal of protection from the porcelain and
china bath fixtures. The cleaning described in this subparagraph shall be assigned
exclusively to Mason Tenders in those portions of a building until they have
received a temporary certificate of occupancy or have been turned over to the
Owner.
(j) Moving, placing, removing, installing, maintaining and
stocking of temporary sheeting of floors or runways or scaffolds, and the
application, maintenance and removal of all protective materials used to protect
finished surfaces of elevators, door bucks, window frames, doors etc., during
construction, (except the protective materials applied prior to delivery to the job
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site) although the removal of debris resulting from the removal of protective
materials applied prior to delivery to the job site is the work of the Mason Tender.

(k)	Erect or remove scaffolds and runways for the use of
Bricklayers, Masons or Mason Tenders and erect or remove planking on the
scaffolds. (1)	Hanging centers for the use of Bricklayers, where hollow tile

or brick arches are used, and pour rough concrete on Republic or Kahn Arches.
(m) Work hand pumps for all work covered by this Agreement
when the Employer elects to do the pumping by hand.

(n)	Operate mortar or concrete mixers other than those driven
by steam or compressed air, for work covered by this Agreement.
(o)	Alteration work, including but not limited to the removal of
partitions, ceilings, walls, all floors, floor coverings, fixtures, reinforced concrete floors, and ducts, any of which are not to be re-used, and the removal of walls which have been erected by Bricklayers or Plasterers.
(p)	Cleaning and removal of all combinations of masonry
rubbish in remodeling or alteration work.
(q) (r)	Cutting or opening walls of any thickness. When Mason Tenders pour concrete, Mason Tenders shall
strip all forms and cut concrete, whether performed by hand or machine.
(s)	Loading or unloading materials for Bricklayers and materials

for Mason Tenders to and from trucks at the job site, except that the driver may
assist such loading and unloading.
(t) Tearing down work, chopping not traditionally claimed by
other Trades, and removing all debris on all alteration or remodeling projects.
(u) Tending and maintaining temporary heat devices of every
description, except where the tending and maintenance of such devices have
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traditionally been performed by Plumbers, Engineers, Electricians, Concrete
Laborers, Sheet Metal Workers or Steamfitters. The work shall include the
unloading, stockpiling, distribution, tending and relocation of the devices as
directed by the Employer and shall be given the broadest possible interpretation
to ensure the maximum amount of work involved with and incidental to
temporary heat devices is assigned to Mason Tenders.
(v) Mason Tenders shall be employed as bell ringers on four pole
material hoists. There shall be at least two Mason Tenders so assigned. One shall
be stationed at the platform to assist in the safe operation of the hoist. The
Employer may assign the Mason Tender on the platform to assist in the operation
of a second four pole material hoist, provided such assignment is consistent with
the safe operation of the second hoist. Other Mason Tenders shall be assigned to
floors where materials are being loaded or unloaded. There shall be a Mason
Tender assigned to work on the floor for each hoist in operation. Mason Tenders
shall assist in loading or unloading all material onto and from the hoist and shall
be in sole charge of signaling the engineer for hoisting such materials, when
necessary, whether by bell, radio, or other methods, and shall be in absolute
control of the signaling rope for raising or lowering the hoist from floor to floor.
(w) Mason Tenders shall also continue to do all the work which
they have performed in the past.
(x) Tending and assisting the erection, construction or
installation of prefabricated masonry panels.
(y) All cleaning and removal of debris, rubbish and refuse of any
type and kind for all trades on all jobs, except that trades that have traditionally
piled their debris within a reasonable distance of their working area may continue
to pile their debris for eventual removal by Mason Tenders.
(z) Unloading, handling and assisting in the setting of precast
sills and coping where mechanical equipment is not used.
(aa) Mason Tenders shall continue to have exclusive jurisdiction
regarding the servicing of Bricklayers.
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(bb) Opening and closing of a construction site for the purpose of
providing access to the job site or work areas for deliveries of material, equipment
and machinery when a Mason Tender is otherwise employed on the job site and is
called in to perform his or her normal duties covered by this Agreement. This
work shall include, but not be limited to, the opening and closing of all fences,
gates, chains, temporary doors, barricades, barriers or other devices used to
control general access, but shall not include the opening and closing of gates or
doors reserved exclusively for personnel and controlled by supervisory personnel.
Section 2. Hazardous Abatement: The Employer shall exclusively
employ Mason Tenders to perform the following work:
The removal, abatement, encapsulation or decontamination of asbestos,
lead and other toxic and hazardous waste or materials which shall include but not
necessarily be limited to: the erection, building, moving, servicing and dismantling of all
enclosures, scaffolding, barricades, decontamination units, negative air machines, walls,
ceilings, floors, etc.; the operation and servicing of all tools and equipment normally
used in the removal or abatement of such waste or materials; the labeling, bagging,
cartoning, crating, packaging and movement of such waste or materials for disposal; the
clean up of the work site and all other work incidental to the removal, abatement,
encapsulation or decontamination of such waste or materials.
Section 3. Demolition Work: The Employer shall exclusively employ
Mason Tenders to perform the following work:
(1) Complete demolition, including the dismantling, remodeling or
alterations of entire buildings or structures, in whole or in part, of any size, type,
or purpose, or the complete demolition of any portion of all buildings or
structures. This work shall include, but not be limited to, the following:
(a) all manual work involving the tearing down, breaking away,
disposal of, and/or removal from, the building or structure of any and all building
materials, whether debris or salvaged materials, used in the construction of all
buildings or structures (concrete, terra cotta, brick, mortar, plaster, structural and
ornamental lumber, roofing materials of any type, natural or manufactured stone,
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4872-5249-1413 1
ornamental iron, lath, reinforcing rods, floors and flooring materials), and
structural components (wood, steel or beams of any material);
(b) the complete removal of one or more stories from a building or
structure when the building or structure is to be shortened in height, except where
the Employer assigns precision cutting and power rigging to the Ironworkers; the
gutting of the interior of a building or structure by the removal of a partition
and/or flooring; the demolition of any wall or walls of any building or structure,
regardless of whether and/or where the walls are to be rebuilt, the removal of
partitions and arches, or parts thereof, from one or more floors in any building, or
structure, which is being renovated or remodeled; the removal of brick or concrete
walls or walls to be rebuilt in their original position; and the removal of concrete
walls which are to be rebuilt in a different position for the purpose of shortening
the length or width of a building when said brick or concrete walls are to be
rebuilt;
(c) the breaking away, cleaning and removal of all masonry and
wood or metal fixtures for salvage or scrap; all hooking and signaling when
materials for salvage or scrap are removed by crane or derrick; all loading and
unloading of materials carried away from the sight of wrecking; all cleaning,
storing, stockpiling or handling of materials; all tearing down of work, removal of
all debris, clean-up, burning, back-filling and landscaping of the site of the
wrecked structure;
(d) the use of any and all tools and/or equipment necessary to
perform this work including, without limitation, shovels, picks, bars, hammers,
sledge hammers, chisels, electrically powered, battery powered, and pneumatically
powered hand tools (jack hammers, all saws and cutting tools, including
reciprocating and skill saws, chipping guns, drills, spaders, caulking guns, etc.);
(e) the use of all manually operated equipment used to raise,
lower, or hoist any and all equipment, tools or materials used to perform this work
or to remove any and all debris or salvaged materials; all cutting of any metal
4872-5249-1413 1
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material, salvage or debris on the job site, whether by manual, mechanical, or the
use of acetylene and oxygen burning equipment;
(f) any and all hazard protection work used to protect Mason
Tender employees, equipment, tools and materials and other employees on the job
site, and/or the public from any damage or injury, or threat thereof, resulting
from the performance of any of the work in this paragraph;
(g) all work involving the providing of temporary heat of any kind
for any purpose for the continuance of Mason Tenders to work on the job on
demolition work;
(h) all foul weather protection to permit the continuance of work
for Mason Tenders or other employees on the job site, to include the removal of
ice and snow, when necessary on the job;
(i) the cleaning and maintaining of all sidewalks, bridges, and
public access areas; and
(j) all work involving the erection, maintaining, and dismantling of
all scaffolding used by Bricklayers, Masons, and Mason Tenders, including the
unloading and removal of all scaffolding material on and off the job.
Section 4. Other Work: Mason Tenders shall continue to perform all
work traditionally performed for Employers by members of former LIUNA Local 95 and
LIUNA Local 30.
Section 5. Future Awarded or Assigned Work: If any other work
is awarded or assigned to the Union by agreement, award or act of the Laborers
International Union of North America or the AFL-CIO, CAGNY and the Union will meet
to negotiate over including such work within the jurisdiction of this Agreement.
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ARTICLE V
HOURS OF WORK, OVERTIME AND HOLIDAYS
Section 1. Hours of Work:
(a) The Employer shall have the option to stagger start times between
6:oo a.m. and 9:00 a.m. for the regular workday and to stagger shifts
commencing between 6:00 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 days.
(b) The regular workday shall be 8 hours. However, the preceding shall
not entitle Mason Tenders to overtime if they have not worked eight hours that
day.
(c) Mason Tenders tending a hoist may be scheduled to start ten
minutes before the regular hour. The same consideration shall be allowed to
these Mason Tenders at quitting time. Five minutes shall be allowed to Mason
Tenders before 1:00 p.m. for tempering of mortar left in the tubs during the noon
hour.
(d) When conditions beyond the control of the Employer, such as
severe weather, widespread power failure, fire, natural disaster, etc., prevent the
operation of the job on one or more work days during the regular work week, the
Employer may schedule the Saturday of that calendar week during which work
was prevented, as a make-up day at straight time to the extent that the total hours
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worked by an individual Mason Tender during the week of work do not exceed
forty hours. All hours worked in excess of eight hours in a day or in excess of
forty hours for the week shall be paid at the rate of time and a half. When a
holiday falls on a Saturday, then the make-up day rate shall be time and a half. 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 preclude the Employer from scheduling additional Mason
Tenders to work on a make-up Saturday pursuant to the regularly applicable
(time and one-half) provisions of the Agreement. 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.
(e) When it is not possible to conduct alteration work during regular
working hours in a building occupied by tenants, the work shall proceed on a
straight time basis, except that work in excess of 8 hours in a 24 hour period shall
require the payment of overtime. In the event of such off-shift work, Mason
Tenders shall be employed for a minimum of 8 hours, and shall receive 1 extra
hour pay differential (including payment to the Fringe Benefit Funds) for all time
worked. Accordingly, a Mason Tender shall be paid 9 hours for 8 hours of
employment, 10.5 hours for 9 hours of employment (8 hours at straight time,
plus 1 hour at overtime, plus 1 hour differential pay), 12 hours for 10 hours of
employment, and so on. In the event of the existence of any such condition,
proper notice shall be given to the Union of the facts and circumstances requiring
the performance of the work outside of regular working hours.
Section 2. Overtime: The Employer may schedule additional shifts of
Mason Tenders to commence work after the regular hours of employment with written
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notification to the Union. Mason Tenders working additional shifts shall receive nine
hours pay for eight hours work at the straight time wage rate. All hours worked in
excess of eight hours shall be paid at the rate of time and one half. All fringe benefit
contributions shall be paid on the first eight hours paid; fringe benefit contributions
shall thereafter be paid on the basis of hours worked. An Employer shall not work a
second shift unless there is a first shift of normal size and shall not work a third shift
unless there are first and second shifts of normal size. The second shift shall not
commence before the first shift is concluded and the third shift shall not commence
before the second shift is concluded. Subject to the provisions of Article V, Section 1(a),
a Shop Steward shall be appointed for all shifts pursuant to ArticleVIII, Section 1.
Section 3. Holidays: The following days shall be known as Holidays
on which there shall be no performance of any work: Sundays, New Year’s Day,
Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day. At the option of the Employer, these Holidays may be changed to the
following Holidays, on which there shall be no performance of any work: Sundays, New
Years’ Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Day after Thanksgiving and Christmas Day. The date that the
City of New York observes any of the above-referenced holidays shall be the contract
Holiday in the event it is different from the date on which the Holiday actually falls.
Section 4. Union Notification: No work shall be performed on
Sundays or Holidays unless notification is provided to the Union. Notification to the
Union shall be considered given by virtue of the employment of the Shop Steward on the
Sunday/Holiday at issue.
Section 5. Lunch Period: The period for lunch shall, as nearly as
possible, be uniform with that established with the other trades.
Section 6. Union Activity Leave: A Mason Tender who works a
minimum of 1200 hours in any calendar year shall be permitted in the successive
calendar year, at the request of the Union, to take one day off from work (i.e., one day off
in total, not one day from work with each different Employer) to engage in union
activities.
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ARTICLE VI
WAGES AND FRINGE BENEFITS
Section 1. Wages: The wages of Mason Tenders as of July 1, 2023
shall be $40.80 per hour during regular working hours. 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, then 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 BCA are less than
$1.25 per hour, then CAGNY shall provide increases at the times and in the amounts
negotiated between the Union and the BCA for calendar year 2027.
The Union, in its sole and absolute discretion, reserves the right to
allocate/reallocate any portion of the foregoing increases to any of the fringe benefit
funds.
The rate for Forepersons and for Assistant Forepersons (Deputies) shall be
$38.00 per day and $27.00 per day, respectively, above the prescribed rate for Mason
Tenders.
Section 2. Overtime Rates: Except as specified in Article V, Section
1(d), all work performed outside of the regular eight (8) hour workday and on Saturdays
shall be paid for at the rate of time and one-half. All work performed during Sundays,
lunch hours, and on the Holidays set forth in Article V, Section 3, or on the dates on
which such holidays are observed by the City of New York if different from the date on
which the Holiday actually falls, shall be paid for at the rate of double time.
Section 3. Union Dues: Each Employer shall deduct two dollars and
thirteen cents ($2.13) per hour, or such other amount as the Union may from time to
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time designate in writing to the Employer, as dues from the wages of all Mason Tenders
who authorize such deduction in writing and then promptly pay over such sums to the
Union not later than the tenth day of the month after said deduction, which sum
constitutes part of each employees’ Union Dues, and shall remit the same to the Union.
The employee assignments authorizing the aforementioned Union Dues shall be in
blanket form and filed with the Union. The Union shall indemnify and hold harmless
the Employer from any and all claims and/or actions arising out of such deduction
providing that the dues shall have been paid over to the Union.
Section 4. Welfare Fund: Effective July 1, 2023, and subject to the
Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders District
Council Welfare Fund $13.35 per hour for all hours worked by Mason Tenders, Mason
Tender Forepersons and Mason Tender Assistant Forepersons, for the purpose of
providing benefits for death, accident, health, medical and surgical care, hospitalization
and other such forms of group benefits for Mason Tenders, their spouses, and their
eligible children, as the Trustees may, in their sole and absolute discretion, determine
and, in addition, out of said monies the Trustees of the Welfare Fund shall provide
coverage to conform with the New York State Disability Insurance Law for all Mason
Tenders for the period of this Trade Agreement, the cost of which shall be borne by such
Welfare Fund. No contributions shall be required on the premium portion of wages.
Welfare coverage shall also be provided for all eligible employees of the
Mason Tenders’ District Council, its constituent Local Unions and the Mason Tenders’
District Council Fringe Benefit Funds provided contributions are made to the Fund on
their behalves in the same amounts as are paid by other Employers.
Section 5. Pension Fund: Effective July 1, 2023, and subject to the
Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders’ District
Council Pension Fund $7.50 per hour for all hours worked by Mason Tenders, Mason
Tender Forepersons and Mason Tender Assistant Forepersons. Contributions to the
Pension Fund shall be utilized for the purpose of providing Pension and other Benefits
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for the eligible Mason Tenders as the Trustees may, in their sole and absolute discretion,
determine. No contributions shall be required on the premium portion of wages.
Pension coverage shall also be provided for all eligible employees of the
Mason Tenders’ District Council, its constituent Local Unions and the Mason Tenders
District Council Fringe Benefit Funds provided contributions are made to the Fund on
their behalves in the same amounts as are paid by other Employers.
Section 6. Annuity Fund: Effective July 1, 2023, and subject to the
Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders’ District
Council Annuity Fund $8.00 per hour for all hours worked by Mason Tenders, Mason
Tender Forepersons and Mason Tender Assistant Forepersons. Contributions to the
Annuity Fund shall be utilized for the purpose of providing annuity and other benefits to
eligible Mason Tenders as the Trustee may, in their sole and absolute discretion,
determine. No contributions shall be required on the premium portion of wages.
Annuity Fund coverage shall also be provided for all eligible employees of
the Mason Tenders’ District Council, its constituent Local Unions and the Mason
Tenders’ District Council Fringe Benefit Funds provided contributions are made to the
Fund on their behalves in the same amounts as are paid by other Employers.
Section 7. Training Program: Effective July 1, 2023, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders Training
Program Fund $000 per hour for all hours worked by Mason Tenders, Mason Tender
Forepersons and Mason Tender Assistant Forepersons. Contributions to the Training
Program shall be used for the purpose of providing education and training in general
construction skills, medical awareness courses, the handling of asbestos and hazardous
waste and materials, New York City Fire Department Certificate of Fitness courses, and
such other purposes as may be contained in the Fund Plan. No contributions shall be
required on the premium portion of wages.
Section 8. State LECET Fund: Effective July 1, 2023, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
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Article, the Employer shall pay monthly to the authorized agent of the New York State
Laborers-Employers Cooperation and Education Trust Fund $0.15 per hour for all
hours worked by Mason Tenders, Mason Tender Forepersons and Mason Tender
Assistant Forepersons. No contributions shall be required on the premium portion of
wages.
Section 9. NYS Health and Safety Fund: Effective July 1, 2023,
and subject to the Union’s right to allocate/reallocate future increases as provided in
Section 1 of this Article, the Employer shall pay monthly to the authorized agent of the
New York State Health and Safety Trust Fund $0.10 per hour for all hours worked by
Mason Tenders, Mason Tender Forepersons and Assistant Forepersons. No
contributions shall be required on the premium portion of wages.
Section 10. GNY LECET Fund: Effective July 1, 2023, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the authorized agent of the Greater New York
Laborers-Employers Cooperation and Education Trust Fund (GNY LECET) So.29 per
hour for all hours worked by Mason Tenders, Mason Tender Forepersons and Mason
Tender Assistant Forepersons. No contributions shall be required on the premium
portion of wages.
Section 11. Vacation Account: Effective July 1, 2023, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the authorized agent of the Vacation Account
of the Mason Tenders Welfare Fund (Vacation Account) $3.00 per hour for all hours
worked by Mason Tenders, Mason Tender Forepersons and Mason Tender Assistant
Forepersons. No contributions shall be required on the premium portion of wages.
Section 12. MTDC PAC Fund: Each Employer agrees to deduct and
transmit to the MTDC Political Action Committee $0.20, or such other amount as the
Union may from time to time designate in -writing, 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 be accompanied by a
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list of the names of those employees for whom such deductions have been made, and the
amount deducted for each such employee.
Section 13, CAGNY IAF: All Employers who are members of CAGNY
shall contribute one and three quarters percent (1.75%) of the total amount paid per
hour in wages and fringe benefits to Mason Tenders under this Agreement for each hour
of employment of each Mason Tender so employed to the Contractors’ Association of
Greater New York, Inc. Industry Advancement Fund, 950 Third Avenue, 15th Floor, New
York, NY 10022.
Section 14. CIP Advancement Fund: The parties agree that upon the
commencement of a Construction Industry Partnership Advancement Fund, and upon
their agreement that it is supported by a critical mass of employer associations and local
unions (whenever that occurs), a contribution shall be made in the amount of $.02 per
working hour as follows: $.01 per working hour shall be contributed by the CAGNY
Industry Advancement Fund, and $.01 per working hour shall be allocated by the Union
from wages and/or fringe benefits. Either party may decline to make the contribution,
at its discretion.
Section 15. Fringe Benefit Administration: All Fringe Benefit
Funds provided for by the Agreement shall be jointly administered by Trustees
designated equally between employers and the Mason Tenders District Council, in
accordance with applicable law.
Section 16. Surety Bond:
(a) Each Employer who joins CAGNY as a new member on or after
July 1, 2005 shall post and maintain a bond to ensure payment of contributions
to the Fringe Benefit Funds as set forth in this Article of the Agreement and
remittance of dues checkoffs to the Union and MTDC PAC contributions to the
MTDC PAC. The minimum amount of such bond shall be as follows:

Number of Mason Tender Hours o to 1,999 hours

Minimum Bond S 6,000.00

 

2,000 to 4,999 hours 5,000 to 9,999 hours 10,000 to 19,999 hours 20,000 hours or more – 22 –

$15,000.00 $30,000.00 $40,000.00 $50,000.00

4872-5249-1413 1
(b) In the event a deficiency should be determined by an audit of the
Employer’s books and records, the Union in its sole and absolute discretion may
require the Employer to post and maintain a bond in the amount of twice the
audited deficiency within 60 days of receiving notice from the Union of the
requirement to post and maintain such a bond.
(c) In the event the Trustees receive payment on a bond under this
Section 14 and said payment is insufficient to satisfy the entire deficiency in the
payment of contributions to the Fringe Benefit Funds and in remittance of dues
checkoffs and MTDC PAC contributions to the Union, then the Trustees shall
make a pro rata payment to each of the Fringe Benefit Funds and to the Union in
an amount equivalent to the percentage of the total deficiency received by the
Trustees through forfeiture of the bond.
Section 17. Payment of Wages:
(a) The Employer shall make payment of all wages due in lawful
currency, except those Employers making payment by check as per Section 16 of
this Article. Payments shall be made in sealed envelopes and plainly marked,
showing Employer’s name and address (printed or stamped), Mason Tender’s
name, hours worked, amount earned, and deductions required by lawT, and the
net amount due.
(b) Wages shall be due and payable during working hours on Thursday
or Friday for work done up to the preceding Tuesday. The day selected as the
first payday on any job shall be the designated pay date until the completion of
the job. Should Thursday or Friday be a bank holiday, wages shall be due and
payable not later than Thursday, for work done up to quitting time the preceding
Monday. On jobs where the “Stagger System” is used the Employer shall give due
notice to those Mason Tenders affected as to the time the paymaster will be at the
job.
(c) Where Mason Tenders are not on the job for any reason for which
the Employer is not responsible when the Paymaster is paying the Mason
Tenders, they may be sent to the main office for their pay but without any
4872-5249-1413 1
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allowance for the time spent in going to and from the office; but where the Mason
Tenders are not on the job because of any reason for which the Employer is
responsible, they will be allowed one hour with pay in going to the office for their
pay. Where Mason Tenders are not paid on the specified payday during working
hours, they shall be paid single time for all waiting time at the rate of seven hours
per day not to exceed fourteen hours.
(d) When a Mason Tender is discharged, the Mason Tender must be
notified during working hours and must be paid at the job site no later than noon
on the business day following the discharge. A violation of this rule entitles the
Mason Tender to compensation at the rate provided in Section 1of this Article for
the working time that elapses between noon of the day after discharge and the
time of receiving his money, provided the claimant remains on the job or at the
office during all working hours until he is paid. It is understood, however, that
no waiting time claim in excess of fourteen hours will be considered, nor shall a
claimant remain on the job for a longer time. Employees must be given
termination notice of the State of New York Department of Labor, Division of
Placement and Unemployment Insurance, when discharged. If this notice cannot
be given to the employee on the job at the time of discharge, the Employer may
mail the notice to the employee on the next full business day and this shall be
deemed substantial compliance.
(e) All Mason Tenders discharged between the hours of 8 a.m. and 12
o’clock noon shall be paid until 12 o’clock noon on the date of discharge. All
Mason Tenders discharged between the hours of 1 p.m. and 4 p.m. shall be paid
until 4 p.m. This does not apply to a layoff and does not apply to a Mason Tender
who is discharged on the day on which he is first employed. Nor does it apply to
Mason Tenders not on the job at starting time.
(f) Should work be stopped for any cause beyond the control of either
party to this Trade Agreement, no claim for lapsed time shall be made for the
time of the unavoidable cessation of work. If the Mason Tenders demand their
wages for the working time due, these wages shall be paid within four banking
hours after the demand is made upon the Employer.
4872-5249-1413 1
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(g) The Union may withdraw Mason Tenders from any job to enforce
payment of wages or of contributions to the Trust Funds set forth in this Article
of the Agreement. The Union may also withdraw Mason Tenders to enforce the
requirement of the Agreement that Union dues and/or MTDC PAC contributions
be deducted from the wages of Mason Tenders or to enforce payment to the
Union, of Union dues, and/or MTDC PAC contributions, already deducted from
the Wages of Mason Tenders.
(h) If Mason Tenders employed by the Employer are withdrawn from
any job to enforce payment of wages or of contributions to the Trust Funds set
forth in this Article of the Agreement, or to enforce the requirement of the
Agreement that Union dues and/or MTDC PAC contributions be deducted from
the wages of Mason Tenders, or to enforce payment to the Union of Union dues
and/or MTDC PAC contributions, already deducted, the Mason Tenders who are
affected by such stoppage of work shall be paid for lost time not exceeding
fourteen hours provided that two days’ notice of the intention to remove Mason
Tenders from a job is given to the Employer by the Union by registered or
certified mail.
(i) The Employer agrees to and shall be bound by all terms and
conditions of the Trust Agreement creating the Trust Funds set forth in this
Article of the Agreement and by any rules, regulations or by-laws adopted by the
Trustees of the Funds to regulate said Funds, except to the extent any Funds’
document contradicts the terms of this Agreement.
(j) Payments by Employers to Trustees of the Trust Funds set forth in
this Article of the Agreement shall be accompanied by reports furnished by the
Trustees of the respective Funds, in such form and containing such data as the
Trustees may from time to time determine in their discretion to be necessary.
Section 18. Payment of Wages by Check: Notwithstanding anything
herein contained, the Employer shall have the right to make weekly payments of wages
by check provided:

(a)	All legal requirements are complied with; -25-

4872-5249-1413 1

(b)	Delivery of checks to Mason Tenders shall be at least one day
preceding a banking day;
(c)	Checks must indicate hours worked and rate of pay in accordance
with the provisions of the Agreement;
(d)	The check and the check stub shall bear the imprint and address
of the signatory Employer; and
(e)	Checks must reflect the amounts deducted for dues check-off and

MTDC PAC contributions in accordance with the provisions of this Agreement.
In the event that a salary check is returned by the bank on which drawn
for any reason whatsoever, then the Mason Tender affected thereby shall be entitled to
two days’ extra payfor waiting time.
Section 19. Employer Records:
(a) The books and records of the Employer shall be made available at
all reasonable times for inspection and audit by the accountants or other
representatives of the Trust Funds set forth in this Article of the Agreement,
including, without limitation, all payroll sheets, W-2 forms, New York State
Employment Reports, Insurance Company Reports and supporting checks,
ledgers, general ledger, cash disbursement ledger, vouchers, 1099 forms,
evidence of unemployment insurance contributions, payroll tax deductions,
disability insurance premiums, certification of workers compensation coverage,
and any other items concerning payroll(s). In addition, the aforementioned
books and records of any affiliate, subsidiary, alter ego, joint venture, successor
or related company of the Employer shall also be made available at all reasonable
times for inspection and audit by the accountants of the Trust Funds set forth in
this Article of the Agreement. The Employer shall retain, for a minimum period
of six years, payroll and related records necessary for the conduct of a proper
audit in order that a duly designated representative of the Trustees may make
periodic review to confirm that contributions owed pursuant to this Agreement
are paid in full.
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4872-5249-1413 1
(b) In the event, after the Trustees have made a reasonable request,
the Employer fails to produce its books and records necessary for a proper audit,
the Trustees, in their sole discretion, may determine that the Employer’s monthly
hours subject to contributions for each month of the requested audit period are
the highest number of employee hours for any month during the twelve months’
audited, or during the last twelve months for which reports were filed, whichever
monthly number of hours is greater. Such determination by the Trustees shall
constitute presumptive evidence of delinquency. Prior to making such
determination, the Trustees shall mail a final seven day written notice to the
Employer advising him that such determination shall be made if the Employer
does not schedule a prompt audit. Nothing herein shall mean that the Funds
relinquish their right to commence legal proceedings to compel an examination
of the Employer’s books and records for audit.
(c) If after an audit of its books and records the Employer is found to
be substantially delinquent, as defined herein, in the payment of fringe benefit
contributions to the Trust Funds set forth in this Article of the Agreement, the
Employer shall bear the imputed cost of the audit as set forth below:
total audited deficiency X number of months audited = imputed cost of audit
150
Substantially delinquent is defined as any deficiency in the payment of
fringe benefit contributions to the Trust Funds set forth in this Article of the
Agreement in excess of 10% of the fringe benefit contributions paid to the Trust
Funds set forth in this Article of the Agreement during the period that is the
subject of the audit. In the event the Trust Funds set forth in this Article of the
Agreement bring an action to recover the imputed costs of audit, the Employer
shall be obligated to pay the reasonable costs and attorneys’ fees incurred in
bringing said action.
(d) In the event the Employer fails to produce the books and records
necessary for an audit as set forth in subsection 18(a) of this Article of the
Agreement, the Employer agrees to pay a penalty of $400.00. In the event the
Trust Funds set forth in this Article of the Agreement bring an action to obtain an
4872-5249-1413 1
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audit of the Employer’s books and records, the Employer shall be obligated to pay
the reasonable costs and attorneys’ fees incurred in bringing said action.
(e) If after an audit of its books and records the Employer is found to
be delinquent in the payment of fringe benefit contributions to the Trust Funds
set forth in this Article of the Agreement then the Employer shall pay, in addition
to the delinquent fringe benefit contributions, interest on the unpaid amounts
from the date due until the date of payment at the rate prescribed under section
6621 of Title 26 of the United States Code. In the event the Trust Funds set forth
in this Article of the Agreement bring an action to recover the interest on
delinquent fringe benefit contributions, the Employer shall be obligated to pay
the reasonable costs and attorneys’fees incurred in bringing said action.
(f) In the event that formal proceedings are instituted before a court
of competent jurisdiction by the Trustees of the Trust Funds set forth in this
Article of the Agreement to collect delinquent contributions to such Fund, and if
such court renders a judgment in favor of such Fund, the Employer shall pay to
such Fund, in accordance with the judgment of the court, and in lieu of any other
liquidated damages, costs, attorney’s fees and/or interest, the following:
(A) the unpaid contributions.
(B) interest on unpaid contributions determined by using the
rate prescribed under section 6621 of Title 26 of the United
States Code.

(C)	interest on the unpaid contributions as and for liquidated damages.
(D) reasonable attorneys’ fees and costs of the action.
(E)	such other legal or equitable relief as the court deems

appropriate.
(g) The Employer hereby agrees that in the event any payment to the
Union or to the Trust Funds set forth in this Article of the Agreement by check or
other negotiable instrument results in the check or negotiable instrument being
returned without payment after being duly presented, the Employer shall be liable
for additional damages in the amount of $250.00 to cover such additional costs,
charge and expenses. Nothing herein is intended, nor shall be interpreted, to
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4872-5249-1413 1
mean that the Trust Funds set forth in this Article of the Agreement or Union
waive any other liquidated damages.
Section 20. Travel Reimbursement: When a Mason Tender is sent to
work by the Employer to a job outside the region where the fare to and from the job by
the customary means of travel exceeds $3.00 per day, the Employer shall pay the excess
as an addition to the contract wage.
Section 21. Show-Up Pay: If the Employer requests Mason Tenders to
report on any day and such Mason Tenders report for work on that day on starting time,
but are not put to work, such Mason Tenders shall be entitled to two hours’ pay.
However, this payment shall not be made if it is impossible to put such Mason Tenders
to work because of weather, lack of materials, or other job conditions beyond the
Employer’s control.
ARTICLE VII
WORK CONDITIONS
Section 1. Tool House: The Employer shall provide for the exclusive
use of the Mason Tenders on each job on which they are doing work, a suitable tool
house three square feet minimum per employee in size, properly secured, heated and lit.
The Employer who complies with the requirements of this Section is only responsible,
upon submission of proper proof of loss, for loss of clothing due to the burning or
forcible entry of the tool house. Such liability shall be limited to a sum not to exceed per
man:
$200.00 for an overcoat;
$150.00 for clothing, including overalls;
and $100.00 for shoes.
Where the Employer requires Mason Tenders to wear clothing on the job site identifying
the Employer, such clothing shall also identify the Union by appropriate insignias or
other suitable markings.
Section 2. Inclement Weather Clothing: If Mason Tenders are
required to work in inclement weather, foul weather clothing, to include boots,
raincoats, and rain hats, shall be furnished without charge to all Mason Tenders.
4872-5249-1413 1
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Section 3. Tools: The Employer shall supply all tools on the job
required by performing the work covered by this Agreement. It is agreed that the size of
square point shovels shall be Size No. 2 when obtainable but in any case the weight of
the shovel shall not exceed five and one-half (5 V2) pounds.
Section 4. Gratuities and Pay Advances: Neither CAGNY,
Employers, Mason Tenders nor the agents of any of them shall accept or give directly or
indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or
extend any favor to any person for the purpose of effecting any change in rate of wages.
The Employers or their representatives shall not be permitted to give any advance in
wages to Mason Tenders, nor shall they be permitted to lend money to Mason Tenders.
Section 5- Elevator Maintenance and Weight Restrictions:
(a) In buildings thirteen stories in height or over, an elevator shall be
provided to carry Mason Tenders to and from their work during regular hours of
employment after the brickwork has reached the twelfth floor. Consideration
shall be given to Mason Tenders working on higher stories if elevator service is
not maintained, and a reasonable time shall be allowed to and from work.
(b) In order to establish a maximum weight of material and the barrow
to be handled by one laborer, it is agreed that the maximum number of bricks to
be placed in or upon a wheelbarrow shall be sixty. In the case of other materials
or building units, it is agreed that the combined weights of the materials and the
barrow shall not exceed three hundred pounds. In arriving at weights of various
materials, it is agreed that a brick weighs from 4 to 4-1/2 pounds; 1 bag of
Portland cement, 94 pounds; 1 bag of hydrated lime, 50 pounds. The weight of
hollow tile and other building units shall be the same as set forth by the
manufacturers of these products. Where the weight of palletized materials is
1500 pounds or more it shall be handled by a minimum of two Mason Tenders
when moved by jacks. The height of palletized materials shall not exceed 5 feet, 6
inches in height.
(c) Any 12-inch cement block raised over 5 feet shall be handled by two
Mason Tenders.
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Section 6. Federal, State and Local Law Compliance: No
provision of this Agreement shall supersede any Municipal, State or Federal law which
imposes more stringent requirements as to wages, hours of work, or as to safety,
sanitary or general working conditions than are imposed by this Agreement.
ARTICLE VIII
UNION REPRESENTATIVES
Section 1. Shop Stewards:
(a) Where Mason Tenders are employed on a job, the Local Union shall
designate a Shop Steward who shall be the second Mason Tender on the job. The
Shop Steward shall monitor the Employer’s compliance with the terms and
conditions of this Agreement. The Employer may request a Shop Steward, who
shall regularly be appointed provided he or she satisfies the standard criteria
adhered to by the Union regarding Shop Steward appointments and is otherwise
available for referral, with the Union Business Manager ultimately maintaining
discretion regarding the appointment. In the event the Shop Steward becomes
aware of non-compliance with this Agreement by the Employer, the Shop Steward
shall so inform the Local Union that appointed the Shop Steward. The Shop
Steward shall retain possession of the key to the tool house and see to it that it is
open in ample time at starting time and securely locked at quitting time. The
Shop Steward shall perform these duties as shop steward with the least possible
inconvenience to the Employer. The Shop Steward is to work as a Mason Tender
and not use the position as Shop Steward to avoid performance of the Shop
Steward’s duties as a Mason Tender. On overtime work the Shop Steward shall
always be the second Mason Tender offered employment for overtime work. If the
Shop Steward is rejected or discharged, the rejection or discharge shall be grieved
commencing with Step 2 of the grievance procedure set forth in Article X of this
Agreement, and if any time has been lost, the Shop Steward shall be paid for all
lost time up to thirty days only. 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
4872-5249-1413 I
“SI”
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. Where more than one
Employer does Mason Tenders work on a job site, each Employer shall employ
Mason Tenders exclusively to perform the work and each Employer shall employ
Mason Tender Shop Stewards. The Union shall have the right to remove and
replace any Shop Steward.
(b) The Union agrees that it will schedule one or more special shop
steward certification classes when needed to train a cohort of Mason Tenders the
Employers seek to request as Shop Stewards.
(c) Notwithstanding the otherwise applicable requirement that a Shop
Steward not be moved from job to job, an Employer may employ a Shop Steward
appointed by the Union on multiple jobs in the same day (not to exceed three) to
perform miscellaneous work related to the pulling of containers, provided: i) there
shall be at most one other Mason Tender employed on any jobs to which the Shop
Steward is assigned, and ii) when providing notice of the jobs under Article III,
Section 2, the Employer must advise the Union of its intent to utilize this
provision and identify all jobs on which the Shop Steward will work. The Shop
Steward may complete the day at the last such job to which he is assigned
performing other Mason Tender work. Travel time shall be considered time
worked, the Employer shall pay for all reasonable expenses incurred by the Shop
Steward in such travel, and the Shop Steward shall be employed for a minimum of
eight hours for the day. The Union retains the right to replace the Shop Steward.
(d) The term “Shop Steward” as used in this Agreement shall mean
those Mason Tenders who have been trained and hold a current certification by
the Union to serve as shop stewards.
Section 2. Business Agents: The Business Agent, Business Manager
or other designated representative of the Union shall have the right to visit and go upon
4872-5249-1413 I
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the Employer’s jobs during working hours and said person shall not be interfered with
while making such visits.
Section 3, Forepersons: The Employer may select individuals to
serve as a Mason Tender Foreperson and Mason Tender Assistant Foreperson. The
Employer shall select whomever the Employer chooses for the positions of Mason
Tender Foreperson and Mason Tender Assistant Foreperson without regard to the
provisions of Article III, Section 2 of this Agreement. The Mason Tender Foreperson
may be the first Mason Tender hired by the Employer. A Mason Tender Forepersons
shall be required on all jobs where eight or more Mason Tenders are employed per shift.
Such foreperson shall be representative of the Employer and shall be in direct charge of
the Mason Tenders on the job but shall not perform the work of a Mason Tender. All
Mason Tender Forepersons shall be paid a weekly salary which shall not be less than
$38.00 per day above the prescribed rate for Mason Tenders in this Agreement. Mason
Tender Assistant Forepersons shall be paid a weekly salary which shall not be less than
$27.00 per day above the prescribed rate for Mason Tenders in this Agreement. The
Mason Tender Foreperson shall take his orders from the Employer’s supervisor on the
job.
ARTICLE IX
NO STRIKES/NO LOCKOUTS
Section 1. The Employer guarantees that there will be no lockouts for
any reason during the term of this Agreement and the Union guarantees that there will
be no strikes during the term of this Agreement except:
(a) Where the Employer, at any job site, contracts or
subcontracts work covered by this Agreement to any other person, firm,
partnership, corporation or joint venture that is not bound by an Agreement with
the Union; or
(b) When the Union concludes that the Mason Tenders on any
job have not been paid, are being paid less than the rate of wages prescribed in
this Agreement, or the Employer is in arrears on fringe benefit contributions
4872-5249-1413 1
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payable to the Trust Funds set forth in Article VI of the Agreement or in the
remittance of dues checkoffs to the Union, and/or MTDC PAC contributions to the
MTDC PAC, as prescribed in this Agreement or in any modification of this
Agreement, as hereinafter provided, provided that forty eight hours’ written notice
is delivered to CAGNY and the Employer at the last provided address for such
entities.
Section 2. It shall not be a violation of this Agreement or cause for
discharge or disciplinary action for an employee to refuse to enter upon any job site
involved in a primary labor dispute, or refuse to cross or work behind a lawful primary
picket line established by any union.
ARTICLE X
DISPUTE RESOLUTION PROCEDURE
Section 1. Except as herein otherwise provided in Section 3 of this
Article and in Article IX of this Agreement, and except claims, disputes and demands
arising out of the Employer’s wage or fringe benefit contribution obligations set forth in
Article VI of this Agreement or disputes concerning the termination, extension or
modification of this Agreement as set forth in Article XIII of this Agreement, all
complaints, disputes or grievances arising between the parties hereto involving
questions of interpretation or application of any clause of this Agreement, or any acts,
conduct or relations between the parties or their respective members or employees,
directly or indirectly shall be resolved in accordance with the procedure set forth in the
balance of this Article.
Section 2. The steps listed below shall be followed in sequential order:
Step 1: In all grievances involving questions of interpretation or
application of any clause of this Agreement, the Employer agrees to endeavor to meet
with the Union Business Manager or his designee within 48 hours after the Union’s
provision of notice to the Employer that a grievance has arisen, and the parties shall use
all good faith efforts to resolve the grievance within 48 hours after meeting. If the
grievance cannot be resolved at such meeting, it shall be submitted to Step 2 of the
grievance procedure within 10 business days after the meeting described herein.
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Step 2: Upon receipt of notification that the grievance cannot be
settled in the manner prescribed in Step 1, the complaint, dispute or grievance shall be
submitted in writing by the party hereto claiming to be aggrieved to the other party
hereto and the Joint Arbitration Board which will consist of three representatives
designated by the Union and three representatives designated by CAGNY. The Joint
Arbitration Board shall in the first instance investigate such complaints, grievances or
disputes and attempt adjustment. Decisions determining such complaints, disputes and
grievances shall be arrived at within fifteen calendar days after the submission in
writing in the manner above referred to of such complaint, dispute or grievance, unless
such time is extended in writing by the Joint Arbitration Board. Each party will be
permitted a single extension of time by the joint arbitration board of no more than seven
(7) calendar days, for good cause shown. Should an Employer fail to appear at a duly
scheduled joint arbitration board hearing, or to participate in any manner in the
processing and determination of a grievance in this Step, the Board shall deem the
grievance to be granted in all respects. Decisions rendered by a majority of the Joint
Arbitration Board shall be binding on the parties hereto.
Step 3: If a complaint, dispute or grievance shall not have been
settled through the foregoing procedure, then either party may within fifteen business
days give the other party notice of its desire to submit the complaint, dispute or
grievance to Arbitration. Richard Adelman and Howard Edelman shall serve as
arbitrators in successive disputes which the parties have been unable to resolve in Steps
1or 2, and shall serve in the order they herein appear. The arbitrators wall be chosen in
rotating order to hear such disputes and shall make dates available promptly to conduct
such hearings. The Arbitrator will follow and be bound by the rules of procedure
adopted by the American Arbitration Association.
The Arbitrator shall fix a time and a place in New York, New York for a
hearing upon reasonable notice to each party. After such hearing the Arbitrator shall
promptly render a decision which shall be binding upon both parties, but the Arbitrator
shall have no power to render a decision which adds to, subtracts from or modifies this
Agreement; the decision shall be confined to the meaning of the contract provision
which gave rise to the dispute. The Arbitrator cannot order pay for time not worked
4872-5249-1413 1
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except in cases of unwarranted suspensions or discharge. The parties to the Arbitration
shall bear equally the expenses of the Arbitrator and the rental, if any, of the place of
arbitration, as well as the fees of translator services, if deemed necessary by either party.
All other expenses attendant to arbitration will be borne by the party incurring them,
including the expenses of any witnesses called by such party.
Section 3. Grievances over alleged mis-assignments of work shall be
immediately referred to arbitration.
ARTICLE XI
JOINT ADVISORY COMMITTEE
Section 1. The Association and the Union shall establish a Joint
Advisory Committee (the “Committee”) composed of an equal number of Association
and Union members to address issues of mutual concern that arise during the term of
the Agreement, including but not limited to workplace health and safety, industry
concerns, proposed project labor agreements and the Union’s jurisdictional rights with
respect to new technology.
The Committee shall discuss issues raised by either Association or Union
representatives and make recommendations, where appropriate. The Committee shall
have only an advisory function and shall not have the authority to amend this
Agreement.
The Committee shall establish appropriate procedures for its deliberations
and shall schedule meeting dates as needed, although it is expected that the Committee
shall meet no less than once each quarter.
ARTICLE XII
DRUG AND ALCOHOL TESTING
The Side Letter attached hereto as Schedule C shall constitute the Drug
and Alcohol Policy negotiated by and between the parties.
4872-5249-1413 1
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ARTICLE XIII
EARNED SICK TIME LEAVE ACT WAIVER
The provisions of the administrative code of the City of New York, Title 20,
Chapter 8 (Earned Sick Time Act) in relation to the provision for sick time earned by
employees covered by this Agreement, as well any state or federal sick time requirement
permitting a waiver including NYS Labor Law Section 196-b, are expressly waived by the
parties to this collective bargaining agreement because comparable benefits are already
provided in this Agreement. Additionally, should any other municipality, county or
other governmental agency adopt a law or regulation providing for paid sick time for
employees covered by this Agreement, and such law or regulation permits the parties to
elect a waiver of such paid sick leave, the parties agree that all such waivers are adopted
and incorporated herein.
ARTICLE XIV
WAGE THEFT LAW WAIVER
Section 1. Local Law 198-E: As authorized in Labor Law 198-E (10),
this Agreement hereby waives any otherwise applicable rights of the Union under Labor
Law 198-E to hold an Employer liable for wages or fringe benefit contributions owed by
a subcontractor for work performed by employees which the Union represents . 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.
ARTICLE XV
ALTERNATIVE DISPUTE RESOLUTION
The parties agree to develop and implement an alternative dispute resolution
program (“ADR”) covering workers compensation claims filed by Mason Tenders. The
4872-5249-1413.1
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parties shall designate representatives who shall meet regularly to develop and
implement such program.
ARTICLE XVI
MISCELLANEOUS
Section 1, Severability: It is further agreed by and between the
parties hereto that if any Federal or State court shall at any time decide that any clause
or clauses of this Agreement is or are void or illegal, such decisions shall not invalidate
the other portions of this Agreement, but such clause or clauses shall be stricken out and
the remaining portion of this Agreement shall be considered binding between the
parties hereto.
Any provisions of this Agreement hereinabove mentioned which provide
for Union security or employment in a manner and to the extent prohibited by any law
or the determination of any Governmental Board or Agency, shall be and hereby are of
no force or effect during the term of any such prohibition. It is understood and agreed,
however, that if any of the provisions of this Agreement which are hereby declared to be
of no force or effect because of restrictions imposed by law is or are determined either
by Act of Congress or other legislative enactment or by a decision of the Court of highest
recourse to be legal or permissible, then any such provision of this Agreement shall
immediately become and remain effective during the remainder of the term of this
Agreement. The Union reserves the right to renegotiate any of the provisions of this
Agreement which may be of no force or effect.
Section 2. CAGNY Membership: CAGNY agrees that within forty¬
eight (48) hours after the execution of this Agreement, it will submit to the Union a
schedule setting forth in full each member of CAGNY, giving the name and address.
When the member of CAGNY is doing business under a trade name, the name of the
principal shall also be given. CAGNY further agrees that it will immediately notify the
Union in writing of any change in its membership, setting forth the names and
addresses of any new members of CAGNY, and setting forth the names and addresses of
those members which may have dropped out or been suspended from CAGNY.
Execution of this Agreement by CAGNY binds all members of CAGNY to its terms.
4872-5249-1413 1
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The Employer whether as a partner, controlling officer, controlling
director, controlling stockholder or controlling employee agrees to remain bound by the
terms and conditions of this Agreement although doing business as a partner or
controlling officer, controlling director, controlling stockholder or controlling employee
of another corporation or as a joint venturer.
Section 3. Employer Obligations: If the Employer covered by this
Agreement, or owners or principals that have a controlling interest in the Employer,
forms or acquires by purchase, merger or otherwise, a controlling interest, whether by
ownership, stock, equitable or managerial, in a firm, partnership, corporation or joint
venture employing Mason Tenders to perform bargaining unit work as defined in Article
IV of this Agreement, said firm, partnership, corporation or joint venture shall be bound
by and considered signatory to this Agreement and the Employer shall assume the
obligation of such firm, partnership, corporation or joint venture under this Agreement
and such firm, partnership, corporation or joint venture shall assume the obligations of
the Employer under this Agreement.
Section 4. Practicable Applications: CAGNY and the Union agree
that their efforts will be employed in the public interest to increase production and
reduce costs by maintaining maximum output, and to use all machinery, tools,
appliances, or methods which may be practical.
Section 5, Termination of Agreement: The Union shall have the
option to terminate this Agreement with the Contractors’ Association of Greater New
York, Inc. should CAGNY merge, join, consolidate or combine with any other employer,
group, organization or association.
Section 6. Most Favored Nations: If the Union enters into any
Agreement with an independent employer (“Independent Employer”) performing work
set forth in Article IV which provides more favorable terms or conditions of employment
to such independent employer when performing work set forth in Article IV than are
provided for in this Agreement, any Employer may secure these more favorable terms
and conditions for its employees who are performing the kind of work performed by the
Independent Employer by notifying the Union in writing that it will implement the more
4872-5249-1413 1
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favorable terms on a certain date and by identifying the particular project or projects
where it will implement the more favorable terms and conditions; provided, however,
the Union may require, by written notice to the Employer, that some or all of other
terms and conditions of employment in its agreement with the Independent Employer
that are related to the more favorable terms and conditions shall also be implemented.
Section 7. Construction Manager: On a project where the Employer
is overseeing construction for an Owner or Developer and is not responsible for the
selection of subcontractors working on the project, it shall notify the Union as early as
practicable of such status.
Section 8. Enforceability: This Agreement shall be binding on the
parties, regardless of any change of name by the Mason Tenders District Council of
Greater New York or changes in the composition of its constituent local unions. This
Agreement shall be enforceable by CAGNY, the Mason Tenders District Council of
Greater New York, its successor, the Trust Funds set forth in Article VI of the
Agreement, and any constituent local so authorized by the Mason Tenders District
Council of Greater New York or its successor.
Section 9. Scan In/Scan Out: Where required by an owner or
developer for security/safety purposes, the Employer may, on at least three days
advanced written notice to the Union, require that Mason Tenders abide by reasonable
administrative procedures for accessing the job, such as scanning in and scanning out,
which procedures must be generally applicable to and uniformly applied at the site.
Section 10. January 1, 2026 Reopener: Based on the failure of the
procedures set forth in Section 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 January 1, 2026, for
the sole 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 Section II of the Sideletter regarding Residential Terms
4872-5249-1413 1
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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
Section II of the Sideletter to avoid reopening the Agreement. In the event the Union
disputes 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.
Section 11. Headings: All paragraph and section headings in this
Agreement are for convenience only; they form no part of this Agreement and shall not
affect its interpretation.
ARTICLE XVII
DURATION
Section 1. This Agreement shall become effective and binding upon the
parties hereto on the 1st day of July, 2023 and remain in effect through June 30, 2027,
and shall renew from year to year thereafter unless either party hereto shall give written
notice (“Written Notice”) to the other of its desire to modify, amend, or terminate this
Agreement on its expiration date, subject to the provisions of Article XVI, Section 10.
above. Written Notice must be given in writing by certified mail, postage prepaid, sixty
days, but not more than ninety days, before the expiration date of this Agreement. In
the event one of the parties to this Agreement gives Written Notice of its desire to
modify or amend this Agreement pursuant to this Article, the conditions established by
this Agreement shall continue in effect during negotiations for a new Agreement.
Each Employer member of CAGNY and each Employer becoming a
member of CAGNY subsequent to the effective date of this Agreement agrees to comply
with and to be bound by all of the provisions of this Agreement, including, but not
limited to, wage, fringe benefit contributions, dues and political action deduction
obligations, for the entire term of this Agreement (subject to the provisions of Section 2
of this Article).
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Section 2. Employer Membership Withdrawal: In such cases of
an Employer’s withdrawal, resignation, suspension or termination from membership in
CAGNY, such Employer agrees, during the terms of this Agreement, to be bound by the
terms of the collective bargaining agreement between the Union and independent
contractors (referred to hereinafter as the “Independent Agreement”), which shall
supersede any conflicting or lesser provisions. Copies of the Independent Agreement
shall be furnished by the Union to the Employer signatory to this Agreement upon
request.
CONTRACTORS’ ASSOCIATION
OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor
New York, New York 10022
MASON TENDERS’ DISTRICT
COUNCIL OF GREATER NEW YORK
520 Eighth Ave., Ste 650
New York, New York 10018
4872-5249-1413 1
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HCAGNY
Vision • Ethics • Value
Cauldwell Wingate Company, LLC • Hunter Roberts Construction Group, LLC
Lendlease (US) Construction LMB Inc. • LHT Services, LLC • Pavarini McGovern
Plaza Construction LLC • Turner Construction Company
Kevin M Barrett
Chairman
Nicholas J Grecco
President
Robert J Palumbo
Vice President
Edward J Lydon
First Vice President
Pat A Di Filippo
Second Vice President
Thomas D’Ercole
Secretary
Carlo DiSilvestro
Treasurer
Andrew Baranello
Director
Christopher Beck
Director
James Fallon
Director
Eric McGovern
Director
James C McKenna
Director
SIDELETTER #1
July 1, 2023
Mr. David Bolger
Business Manager
Mason Tenders District Council of Greater NY
520 Eighth Avenue
Suite 650
New York, NY 10018
Re: Residential Terms, At Risk Projects and the Target Committee
Dear Dave:
The Mason Tenders District Council of Greater New York (“MTDC”)
and the Contractors’ Association of Greater New York, Inc. (“CAGNY”) have
agreed to make the following modifications to the otherwise applicable
collective bargaining agreement (“Standard Agreement”) with respect to
residential/hospitality projects and “At Risk” projects.
I. TARGET COMMITTEE.
Steven Sommer
Director
1. Definitions.
Raymond G McGuire
Managing Director
Dawn M Zanichelli
Assistant Managing
Director
Aislinn S McGuire
Kauff McGuire &
Margolis LLP
General Counsel
John A Cavanagh
(1935-2012)
Chairman Emeritus
a. A “Residential Project” shall be one with 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 temporary 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 non-union construction manager with respect tosuch new
4865-0994-2686.1
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor, New York, New York 10022 Tel (212) 838-9025 Fax (212) 230-4980 www.cagnyonline.com
IICAGNY
Vision • Ethics • Value
Mr. David Bolger
July 1, 2023
Page 2
hospital work in which case it shall be considered an At Risk
Project).
2. Committee. In order to allow Employers to compete more successfully
for At Risk Projects, the parties agree that they shall establish a Target
Committee (“Committee”) of six persons, three appointed by CAGNY and
three appointed by the MTDC, which will have the authority, with the
approval of four (4) Committee members, to approve or modify and
approve submitted requests. “
3. Relief. The Target Committee shall have authority to permit and
approve:
a. The use of Tier A Residential Journeyworker, 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. At Risk Project. 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 recordsfor the job toconfirm rates of compensation of Mason
Tenders working on those jobs.
4865-0994-2686.1
HCAGNY
Vision • Ethics • Value
Mr. David Bolger
July1, 2023
Pages
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. Prohibited Relief. The Target Committee shall not be required to
consider requests for relief entailing:
a. Subcontracting general conditions work (except as otherwise provided
in the Standard Agreement) to a non-signatory company including,
among other things, hiring or overseeing employees of a non-signatory
contractor performing work covered by the Standard Agreement.
b. Subcontracting relief with respect to which protest and/or picketing
protections are extended to the non-signatorysubcontractor.
c. Wage and benefit rates other than those already set forth in the
Standard Agreement and/or this Sideletter.
6. Rules. 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 parties
recently concluded negotiations for a successor 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:
4865-0994-2686.1
miniICAGNY
Vision • Ethics * Value
Mr. David Bolger
July 1, 2023
Page 4
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 5herein, e.g.,thefirst throughfourth 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 CAGNY Residential Projects rate
sheet. Increases tothetotal wage and benefit packagefor “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.
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 5th Mason Tender (a Tier A
Residential Journeyworker) will be a shop steward appointed by the Union as
provided in the Standard Agreement. If the Union denies the Employer’s
request for the foreperson to serve as the Shop Steward, the Union may 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 Journeyworker and thefifthshall 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 Journeyworkers and all Tier
B Residential Journeyworkers may be “selected by the Employer” as set forth
4865-0994-2686.1
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in Article III, Section 2.(a) of the Standard Agreement. Apprentices on
Residential Projects shall be selected/referred pursuant to the regularly
applicable provisions of Article III, Section 2.(b) of the Standard Agreement,
provided, however, that 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 re¬
assigning Mason Tenders 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
without repercussion.
Dated this 1st Day of July, 2023 Dated this 1st Day of July, 2023
AGREED TO AND ACCEPTED ON BEHALF OF
CAGNY MEMBER COMPANIES:
CAULDWELL WINGATE COMPANY, LLC
HUNTER ROBERTS CONSTRUCTION GROUP
AGREED TO AND ACCEPTED ON BEHALF OF
THE MASON TENDERS DISTRICT COUNCIL
OF GREATER NEW YORK AND LONG ISLAND
LENDLEASE (US) CONSTRUCTION LMB INC.
PAVARINI MCGOVERN
PLAZA CONSTRUCTION LLC
TURNER CONSTRUCTION COMPANY
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EXHIBIT A
TARGET 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”).
2. Authority: The Target Committee shall have the authority, with the approval of 4 Target
Committee Members, to make modifications of the CAGNY/MTDC collective
bargaining agreement as set forth in Sideletter #1, dated July , 2023.
3. Staff: CAGNY shall provide one or more staff persons to schedule 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
person, 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 fill out and e-mail the attached form 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 following the conclusion 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:
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• 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;
• 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 case, 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, shall 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
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representatives from disclosing to anyone outside of arbitration the bid and
leveling information.
• Decision shall be rendered by the arbitrator within 24 hours after close of the
hearing.
4865-0994-2686.1
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Cauldwell Wingate Company, LLC • Hunter Roberts Construction Group, LLC
Lendlease (US) Construction LMB Inc. • LHT Services, LLC • Pavarini McGovern
Plaza Construction LLC * Turner Construction Company
Kevin M Barrett
Chairman
SCHEDULE C SIDELETTER
Nicholas J Grecco
President
Robert J Palumbo
Vice President
July 1, 2023
Edward J Lydon
First Vice President Mr. David Bolger
Pat A Di Filippo
Second Vice President
Business Manager
Mason Tenders District Council
Thomas D’Ercole
Secretary
Carlo DiSilvestro
Treasurer
520 Eighth Avenue, Suite 650
New York, NY 10018
Re: CAGNY/MTDC
Andrew Baranelio
Director 2023 Collective Bargaining Agreement
Christopher Beck
Director
Drug and Alcohol Policy Sideletter
KM&M File No. 00800-8735
James Fallon
Director Dear Dave:
Eric McGovern The Contractors’ Association of Greater New York, Inc.
James C McKenna
Director
(“CAGNY”) and the Mason Tenders District Council (“MTDC”) recently
concluded negotiations for a new collective bargaining agreement that will be
Steven Sommer
Director
in effect from July 1, 2023 up to and including June 30, 2027. The parties
agree that this Sideletter, outlining the mutually agreed upon language for a
Raymond G McGuire
Managing Director
Dawn M Zanichelli
Assistant Managing
Director
Drug and Alcohol Policy, shall be attached to the CBA as Schedule C and
incorporated by reference therein.
Thefollowing Drugand Alcohol Policyshall apply on any jobsite
(a “Job Site”) so designated by the Employer, provided the Union is given a
Aislinn S McGuire
Kauff McGuire &
Margolis LLP
General Counsel
minimum of seven calendar days’ advance notice, and the policy is applied to
all employees of the Employer employed on the Job Site (i.e., not just MTDC
laborers):
1. The only drug and alcohol testing to be conducted will be:
John A Cavanagh
(1935-2012)
Chairman Emeritus a. Initial employment testing. All employees of the Employer (whether
such employees are selected by the Employer, referred from a Union
hiring hall, or appointed by the Union as shop stewards) who the
Employer anticipates maintaining in employment at the Job Site for at
least two weeks shall be subject to a test within the first four weeks of
their initial employment on a Job Site;
4854-5536-5251.1
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor, New York, New York 10022 Tel (212) 838-9025 Fax (212) 230-4980 www.cagnyonline.com
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b. Testing following accidents which result in significant property damage,
injury (not including minor cuts, bruises, and other minor injuries) or
death; and
c. Testing based on reasonable suspicion.
d. At the request of an Owner/Developer, “Random Testing” conducted
by a qualified third-party provider, in compliance with New York State
law.
2. All alcohol testing shall be by an Evidential Breath Testing Device (“EBT”)
and all drug testing shall be by urine sample to detect Illegal and/or
Controlled Drugs (Marijuana, only to the extent permitted by New York
State law, Cocaine, Opiates, PCP, and Amphetamines). In all cases relevant
thresholds for alcohol testing shall be those established under Department
of Transportation regulations and for drug testing, those recommended by
the U.S. Department of Health and Human Services in their mandatory
Guidelines for the Federal Workplace Drug Testing Programs, as set forth
in Exhibit A to this letter Agreement. All tests shall be performed by
qualified personnel, during regular work hours, and shall be considered
time worked; and in the case of drug testing shall further be conducted by a
qualified third-party vendor.
3. The Employer will inform all prospective company-selected MTDClaborers
at the Job site who it intends to assign or offer employment at the Job Site
that drug testing will be conducted at the Job Site. The Employer will not
terminate or deprive any such employees of other work as a result of his or
her refusal to accept such assignment unless the Employer: i) has
reasonable grounds to believe the rejection is due to the employee’s belief
that s/he will test positive for a prohibited substance; and ii) has referred
the employee to the Employer’s Employee Assistance Program (“EAP”) —
which shall provide the same assistance to the employee that it would
provide to a company employee not represented by a union (at no cost to
the employee) – which referral or assistance the employee refused. Any
such employee who uses EAP services must present written confirmation
that s/he isfit to return to work prior to being eligible for assignment to any
other job sites of the Employer.
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4. The Union will inform any prospective shop steward, or hiring hall
applicant who it intends to appoint/refer to the Job Site that drug testing
will be conducted.
5. Any MTDClaborer whohas been referred tothe JobSite in accordance with
this agreement and tests positive for alcohol or Illegal and/or Controlled
Drugs through a test conducted in accordance with this Agreement, and the
regular policies and procedures maintained by the third-party vendor, shall
be prohibited from commencing, re-commencing, or continuing to work at
the Job Site.
6. The Union reserves and shall maintain the right to grieve pursuant to the
applicable collective bargaining agreement any claim that drug testing at
the Job Site has not been implemented in accordance with this Agreement,
including but not limited to, grieving adverse action taken against any
Union- represented worker that it believes is contrary to the terms of this
letter-agreement and/or the applicable CBA.
If the above recitation of the agreement we reached conforms to your
understanding of it, please sign in the space indicated below.
Dated this 1st Day of July, 2023 Dated this 1st Day of July, 2023
AGREED TO AND ACCEPTED ON BEHALF OF
CAGNY MEMBER COMPANIES:
CAULDWELL WINGATE COMPANY, LLC
HUNTER ROBERTS CONSTRUCTION GROUP
LENDLEASE (US) CONSTRUCTION LMB INC.
PAVARINI MCGOVERN
PLAZA CONSTRUCTION LLC
TURNER CONSTRUCTION COMPANY
AGREED TO AND ACCEPTED ON BEHALF OF
THE MASON TENDERS DISTRICT COUNCIL
OF GREATER NEW YORK AND LONG ISLAND
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July i, 2023
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Exhibit A
The cut-off limits established are those recommended by the U.S. Department of Health
and Human Services in their mandatory Guidelines for Federal Workplace Drug Testing
Programs.
Drug Class
Screening
Cut-Off
Limit (ng/mi)
Confirmation
Cut-off
Limit (ng/ml)
Amphetamines 1OOO 500
Benzoylecgonine
(Cocaine Metabolite) 300 150
*Opiates 2000 10
Phencyclidine (PCP) 25 25
Confirmation screening is done by means of GC/MS analysis.
*The GC/MS confirmation for opiates will be for both codeine and morphine separately.
If morphine is equal to or greater than 2,ooong/ml then the GC/MS confirmation
analysis for 6-acetylmorphine (6-MAM) is at a cut-off level of long/mi