ACP – Local Union 1 CBA 7.1.2023 – 6.30.2026

BUILDING TRADES AGREEMENT
between
LOCAL UNION NO. 1
of the
Effective date, July 1, 2023
Termination date, June 30, 2026Plumbers Local Union No. 1
50-02 Fifth Street
Long Island City, NY 11101
Phone: 1-718-738-7500
Fax: 1-718-835-0896
www.ualocall.org
Joint Plumbing Industry Board
50-02 Fifth Street
Long Island City, NY 11101
Phone: 1-718-223-4313
Fax: 1-718-641-8155
www.ualocal1funds.org
Trade Education Facility
Plumbers Local Union No. 1
37-11 47th Avenue
Long Island City, NY 11101
Phone: 1-718-752-9630
Fax: 1-718-752-9634
www.ualocal1training.org
Plumbers & Pipefitters National Pension Fund
103 Oronoco Street
Alexandria Virginia 22314
Phone: 1-800-638-7442
Fax: 1-301-739-9017
www.ppnpf.org
United Association
Three Park Place
Annapolis, Maryland 21401
Phone:410-269-2000
Fax: 410-267-0262
www.ua.org
Association of Contracting Plumbers
of the City of New York, Inc.
535 8th Avenue, 17th Floor
New York, New York 10018
Phone: 1-212-481-4580
Fax: 1-212-481-7185
www.acpcny.org2023
2026
BUILDING TRADES AGREEMENT
between
ASSOCIATION OF CONTRACTING
PLUMBERS OF THE CITY OF
NEW YORK, INC.
and
LOCAL UNION NO. 1
of the
UNITED ASSOCIATION
of
JOURNEYMEN AND APPRENTICES
of the \\
PLUMBING AND PIPE FITTING INDUSTRY
of the -JI
UNITED STATES AND^iNADA
Effective date, July 1,
Termination date, June 30,
f aMALGANATEo
x1114CONTENTS
Pages
PART ONE
The Bargaining Unit
Wages, Fringe Benefits and Other Provisions
Bonding Requirements
Reciprocal Agreements
Plumbing Industry Promotion Fund
Inspection of Books and Records
Hours of Work
Reporting and Starting Time
Holidays and Overtime Pay
Apprentice Regulations 1 to 23
PART TWO
Safety
Sanitary and Health Conditions
Temporary Facilities
Plumbing Specificationsand Contract Information Form
Definition of Plumbing and Gas Fitting
Pipe Cutting and Fabrication
Stewards
Layoff or Discharge
Union Security
Regulation of Employment
More-Than-a-One-Employee-Operation
Quality of Workmanship
Tools and Equipment
Miscellaneous Regulations 24 to 60
PART THREE
Joint Plumbing Industry Board
Arbitration Procedure
Interpretation of Agreement
Job Target/Market Recovery Program and Commercial Alteration Work
ContractTermination 62 to 71
Index Follows
-IINDEX
Page
A
Building Trades Agreement 1
conference for new agreement 70
interpretation of 67,68
signatories of 71,72
Alteration (Commercial) 68,69
Apprentice Ratios 22,23
wage rate and fringe benefit schedule 6,7
Arbitration Procedures 63,64,65,66
ASB-C Fund 12
B
Bargaining Agent 3
Bargaining Unit, The 2,3
Board and Transportation 21,22
Bonding Requirements 14,15
Books and Records,Inspection of 17,18
Boxes, inserts and sleeves 31
Bridge Work 9
C
Cash, payment of wages in cash 9
Check, payment of wages by check 9
Check-Off, Union Assessment 4,11
Chemical Toilets, use and removal of 25
Clothing damage or loss 60
Codes, compliance with 59
Construction Water 25
Contract Information Form and Plumbing Specifications 29
Credit Union 4,6,12
Cutting, Coring & Holes 51
-IIINDEX (continued)
Page
Definition of Plumbing and Gas Fitting 29,30,31,32,33
Discharge or Layoff (See Layoff or Discharge)
Disputes or Controversies 63,64,65,66,67
concerning one-employee operation 58
Payment of wages 9
jurisdictional disputes 66
Steward to notify Business Agent of. 52
Draftsman 5
Drinking Water Facilities 24
typical temporary toilet room 28
Elevated Highway, work on 9
Emergency Work, permission to work 21
Executive Committee (See Arbitration Procedures)
Executive Committee of the Building Trades
Employers Association 67
F
Fabrication 50,51
Floor Plan, Typical Temporary Toilet Room 28
Foreman and Deputy Foreman 8,9
Fringe Benefits 4,5,6,7,10,11,12,13,14,15,16,17,18,62,63,66,67
inspection of books 17,18
surety bond, to guarantee payment of. 14,15
G
Gas Fitting and Plumbing, definition of. 29,30,31,32,33
Goggles, Brazing and Safety, to be provided 24
Green Cards, Issuance of. 55
-IIIINDEX (continued)
Page
H
Handling of fixtures and materials 34
Hats, hard 24
Heat, Temporary 26
Holidays 21
bank holidays on established payday 10
Hours of Work 19,20,21,68,69
construction water 25
pneumatic systems 27
I
Identification Tags 60
Inability to Work 20,54
Industry Promotion Fund (See Plumbing Industry Promotion Fund)
Inserts, boxes and sleeves 31
Inspection of Books and Records 17,18
Insurance, general 14,15,18
Job Stewards (See Stewards)
Joint Plumbing Industry Board 52,53
Jurisdiction Decisions 35,36,37,38,39,40,41,42,43,44,45,46,47,48,49
Jurisdiction Disputes 66
-IVModular………………………………………………………………………………………………………….34
INDEX (continued)
Page
L
Labels, pipe 50,51
Ladders and Scaffolding 24
Layoff or Discharge 54
Lockers, for clothes 24
Lunch Periods 20
M
Machines, pipe 50,51
Maintenance, Safety, Sanitary and Health Conditions
Construction Water, Temporary Heat and Pneumatic Systems
(See Safety, Sanitary and Health Conditions)
Materials, use of. 50
Me-Too Clause 70
Miscellaneous Regulations 59,60
More-Than -One- Employee-Operations 58
N
New York Plan (Settlement of Jurisdictional Disputes) 66
Nipples 51
O
Organizing Fund 5,7
Overtime 4,6,21
-VINDEX (continued)
Page
P
Paid Sick Leave 5,7
Payment of Wages 9,10
Personal Safety Items 24
Pipe Caulking 3
Plumbing and Gas Fitting,definition of. 29,30,31,32,33
Plumbing Industry Board, Joint (See Joint Plumbing Industry Board)
Plumbing Industry Promotion Fund 5,7,16,17
Plumbing Specifications and Contract Information 29
Pneumatic Systems, maintenance and service of 27
Political Fund 11
Public Works 19
Q
Quality of Workmanship 59
R
Ratios 23
Regulation of Employment 59
Reporting for Work 21,22
Rigging, Moving, Hoisting, Handling andSidewalk Delivery 34
S
Safety, Sanitary and Health Conditions, Temporary Facilities
and Maintenance 24, 25,26,27,28,29
Scaffolding and Ladders 24,59
Shanties 24
Shiftwork 19,20
“Show Up” Expense 20
Sidewalk Delivery 34
Signatories of Agreement 71
Site Work 15,56,70
Sleeves 31
Starting Time 19,20
-VIStewards, Job or Shop……………………………………………………………………………..52,53
Stoppage of work…………………………………………………………………………………………63
Subletting and Subcontracting……………………………………………………………………….57
Superintendents…………………………………………………………………………………………..53
Temporary Facilities (See Safety, Sanitary and Health Conditions, etc)
Temporary Heat………………………………………………………………………………………25,26
Termination of Agreement……………………………………………………………………….70,71
Termination of Employment Slips, to be issued………………………………………………54
Tests, witnessing of……………………………………………………………………………………..59
Tools………………………………………………………………………………………………………….59
Tower Work, Bridges, Elevated Highways and in Buildings……………………………..9
Transportation……………………………………………………………………………………………..21
Trust Funds…………………………………………………………………………………………………66
Union Assessment Check-Off………………………………………………………………….4,6,11
Union Rights………………………………………………………………………………………………68
Union Security……………………………………………………………………………………………55
Vacations, regulations………………………………………………………………………………….54
Vehicles, regulations……………………………………………………………………………………60
Wages and Fringe Benefits, Schedules…………………………………………………….4,5,6,7
Failure to pay……………………………………………………………………………………………..14
Payment of…………………………………………………………………………………………………..3
Weather Conditions, inability to work……………………………………………………….54,55
Welding and/or burning, regulations pertaining to…………………………………………..51
Welding Stipend………………………………………………………………………………………….51
Workmanship, Quality of……………………………………………………………………………..59
Work Stoppages, or Lockouts……………………………………………………………………….63
INDEX (continued)
S
Pages
U V w
-VIIPARTONE
The Bargaining Unit – Wages, Fringe Benefits and Other
Provisions – Bonding Requirements – Reciprocal
Agreements – Plumbing Industry Promotion Fund –
Inspection of Books and Records – Hours of Work –
Reporting and Starting Time – Holidays and Overtime Pay
-Apprentice Regulations.BUILDING TRADES AGREEMENT
1. BUILDING TRADES AGREEMENT made and entered into by and
between the ASSOCIATION OF CONTRACTING PLUMBERS OF
THE CITY OF NEW YORK, INC. (HEREINAFTER DESIGNATED
AS THE “ASSOCIATION”) on its own behalf and on behalf of its
members at the time of the execution thereof or who may be admitted
to membership during the life of the Agreement and by any extensions
or renewals thereof and all additional Employers bound, committed,
covered or otherwise signed to this Agreement and LOCAL UNION
NO. 1 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND
APPRENTICES OF THE PLUMBING AND PIPE FITTING
INDUSTRY OF THE UNITED STATES AND CANADA
(hereinafter designated as the “UNION”). All Employers that are
bound, committed, covered or otherwise signed to this Agreement
hereby designate and acknowledge that the said Association is their
duly authorized Bargaining Representative in the negotiations of the
foregoing Agreement and the matters therein contained and of any
amendment and extensions that may hereafter be made thereto or in
the negotiation of any succeeding Agreements. If the signatory
contractor performs on-site construction work of the type covered by
this Agreement, under its own name or the name of another, as a
corporation, company, partnership or other business entity, including a
joint venture, wherein the contractor, through its officers, directors,
partners, owners or stockholders exercises directly or indirectly
(including but not limited to management, control or majority
ownership through family members), management, control or majority
ownership, the terms and conditions of this Agreement shall be
applicable to all such work. This Agreement is and shall be binding
upon the Employer and his/her or its successors, assigns, beneficiaries
and legal representatives, and each officer of the Employer. The
Employers and the Union agree to be bound by any contract renewal,
changes, modifications and extensions which may be negotiated after
this day and put into effect by and between UA Plumbers Local Union
No. 1 and the association of Contracting Plumbers of the City of New
York, Inc.
-1-The parties agree that signatory contractors who are not party to the
Mechanical Equipment and Service Agreement shall be bound by the
provisions of the Agreement when performing plumbing work covered
by that Agreement. Nothing contained in this Agreement shall require
any Employer to become a member of the Association.
2. THE PARTIES hereto which, pursuant to the terms of this
Agreement are the Association and the Union, in the public interest
and to assure the uninterrupted operations and general stabilization of
the industry, desire to standardize rates of pay, fringe benefits, hours
and conditions of employment to establish fair and equitable
conditions of employment and to provide a method for the peaceable
adjustment of all disputes which may arise between the Association
and the Union. The Association and the Union agree to the treatment
of all Employees and applicants for employment without unlawful
discrimination as to race, creed, color, national origin, sex, age
disability, marital status, sexual orientation or citizenship status in all
employment decisions, including but not limited to recruitment, hiring,
compensation, training and apprenticeship, promotion, upgrading,
demotion, downgrading, transfer, lay-off and termination, and all other
terms and conditions of employment.
ARTICLE 1
The Bargaining Unit
3. THE ASSOCIATION is an organization of employing licensed
plumbing contractors doing business in the City of New York, and is
desirous of dealing collectively with the Union and shall be referred to
as the Association for terms of this Agreement.
4. THE UNION is a labor union duly chartered as a branch or local
presently affiliated with the United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting Industry of the United
-2-States and Canada, with jurisdiction throughout the five boroughs
comprising the City of New York, hereinafter referred to as “the area”
and is the duly authorized exclusive bargaining agent for all
Journeymen Plumbers and Apprentices, employed and to be employed
by those represented by the Association for the work coming under the
jurisdiction of the United Association and enumerated in this
Agreement. In addition to the work jurisdiction of the Union in the
“area” herein defined, the Union has been granted by the United
Association the jurisdiction over all pipe caulking in the five boroughs
comprising the City of New York, and that such grant of exclusive
jurisdiction has not been modified or revoked in any way.
5. THE BARGAINING AGENTS: The Association recognizes the
Union as the sole collective bargaining agent for its Journeymen and
Apprentices (hereinafter referred to as “Journeymen”, “Apprentices”
or as “Employees”) in connection with hours, wages, fringe benefits
and conditions of employment and the Union recognizes the
Association as the sole collective bargaining agent for Employers
represented by the Association. In the event the Union enters into any
agreement or arrangement with other Employers which contain terms
and conditions of employment which are preferred by this Association
then this Agreement shall be deemed amended accordingly.
6. THE PARTIES AGREE AS FOLLOWS: In consideration of the
mutual promises, covenants and conditions hereinafter set forth, the
parties hereto agree as follows:
-3-ARTICLE 2
WAGES, FRINGE BENEFITS
AND OTHER PROVISIONS
7. Building Trades Journeymen— Primary Rate of Wages, Fringe Benefits
and Other Provisions
PRESENT AGREEMENT
Shown below is a schedule of the primary wage rates, fringe benefits and other provisions
for Journeymen is a seven Dollar and fifty cents ($7.50) per hour package increase with
an effective date of July 1, 2023 and a termination date of June 30, 2026.
Effective
Date of
Increases
Package
Increases
Per hr.
Wage
Increases
Per hr.
Fringe
Benefit
Increases
Per hr.
*Wage per hr.
* 7/1/2023 $2.00 $73.70
* 7/1/2024 $2.00 To Be Allocated
* 7/1/2025 $3.50 To Be Allocated
The package increases throughout the term, of this Agreement will be allocated to wages and/or
fringe benefits as determined by the Union.
CREDIT UNION DEDUCTION
* Ten Percent (10%), effective January 1, 2021 shall be deducted from wages and sent to a credit union
(Reference paragraph 19A).
OVERTIME ON WAGES AND FRINGE BENEFITS – If a Journeyman works overtime, the hourly
rate of pay and fringe benefits arc doubled.
UNION ASSESSMENT CHECK-OFF: Two and three quarters percent (2.75 %) of gross weekly
pay shall be deducted from wages as a Union Assessment “Check-Off. Bonuses, vacation pay, sick
pay, holiday pay and expenses arc included in gross pay.
PLUMBING INDUSTRY PROMOTION FUND – Each Employer is to contribute to the Plumbing Industry
Promotion Fund of New York City fifty six cents ($.56) per hour for each pay hour worked by the Employee
of the Employers and such contributions may be increased to sixty cents ($.60) per hour during the life of
the Agreement by the adoption of a resolution by the Trustees.
UNITED ASSOCIATION PENSION PLAN – The Employer agrees to make contributions to The
Plumbers and Pipefitters National Pension Fund in accordance with the Standard Form of Participation
Agreement and made a part of this Agreement.
-4-$118.51
$122.01
Trade
Ed.
Fund
per hr.
Welfare
Fund
per hr.
National
Pension
Fund
per hr.
Promotion
Fund
Safety &
Int’l Training
401 (k)
per hr.
Approx
Package
per hr.
$1.85 $21.64 $7.66 $0.66 $11.00 $116.51
INTERNATIONAL TRAINING FUND: The Employer agrees to make contributions to the International Training Fund of ten cents
($.10) per hour for each pay hour worked by all Employees covered under this Agreement.
ORGANIZING FUND -Forty cents ($.40) per hour shall be deducted from net weekly wages to be used for Local 1 organizing
purposes. An additional ten cents ($.10) per hour may be allocated by the Union for organizing purposes from the annual
increases set forth above.
ALL CITY, STATE AND FEDERAL WORK shall be performed at the prevailing rate of wages and fringe benefits as outlined.
Local Union No. 1 shall confirm said wages and benefit with the various authorities having jurisdiction.
Notes:
1) See Paragraph 19 of thisAgreement for 401(k) Savings Plan information.
2) See Paragraph 17A of this Agreement for Political Action Fund information.
3) 401(k) Employee Elective Deferrals, Credit Union and Union Assessment Check-Off are calculated as a percentage of gross wages
but deducted from net wages for Credit Union and Union Assessment Check-Off and gross wagesfor 401 (k) Employee Elective Deferrals.
4) See Paragraph 19B of this Agreement for ASB-C Emergency Relief Fund.
7A. RESIDENTIAL RATES – The wages and fringe benefit rates for one ( 1), two
(2) and three (3) family home construction shall be seventy percent (70%) of the
Primary Journeyman Rate set forth in Paragraph 7 of this Agreement. Work
performed under these terms shall be done during an eight (8) hour day.
7B. DRAFTSMAN RATES – Local No. 1 members who were hired on or after July
1, 2012, as draftsman shall be paid eighty-seven and a half percent (87.5%) of the
primary rates set forth in Paragraph 7 under this Agreement (as applicable). Work
performed under these terms shall be done during an eight (8) hour day, overtime
at time and a half. This rate does not create any obligation by an Employer to hire
Local No. 1 members as draftsman.
8. NEW YORK CITY PAID SICK TIME ACT: The provisions of the
administrative code of the City of New York, Title 20, Chapter 8 (Earned Sick
Time Act) and the New York State Paid Sick Leave Law, Article 6, Section 196-
B in relation to the provision for sick time earned by employees covered by
-5-July 1st. Those $29.59
$31.69
$34.54
$35.94
$48.01
this Agreement, as well any state or federal sick time requirement permitting a
waiver of statutory sick time, 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.
9. APPRENTICE WAGE RATES
FRINGE BENEFITS AND OTHER PROVISIONS
PRESENT AGREEMENT
The wage rates and the fringe benefits shown below are effective July 1, 2023
Apprentice
Classifications
Increases per hr. *Wages
per hr.
401(k)
per hr.
1st yr. Is’ term 2nd thru 5th year apprentice $19.00 $0.33
1 st yr. 2nd term wage and fringe benefit rate shall $21.00 $0.33
2nd yr. be adjusted every $3.18
3rd yr. apprentices shall receive an increase $3.18
4th yr. equal to one half (1/2) the hourly $3.18
5th yr. 9th term Journeyman wage and/or fringe benefit $3.18
5th yr. 10th term increases as they are allocated $3.18
The package increases throughout the term of this Agreement will be allocated to wages and/or fringe
benefits as determined by the Union.
CREDIT UNION DEDUCTION
For 2nd through 5th year apprentices ten percent (10%) effective January 1,2021 shall be deducted from
wages and sent to a credit union (Reference Paragraph 19A).
OVERTIME ON WAGES AND FRINGE BENEFITS- If an Apprentice works overtime, the hourly rate
of pay and fringe benefits are doubled.
UNION ASSESSMENT CHECK-OFF- Two & three quarters percent (2.75%) of gross weekly pay shall
be deducted from wages as a Union assessment “Check-Off’. Bonuses, vacation pay, sick pay, holiday pay
and expenses are included in gross pay.
PLUMBING INDUSTRY PROMOTION FUND Each Employer is to contribute to the Plumbing
Industry Promotion Fund of New York City fifty six cents ($.56) per hour for each pay hour worked by the
Employee of the Employers and such contributions may be increased to sixty cents ($.60) per hour during the
life of the Agreement by the adoption of a resolution by the Trustees.
UNITED ASSOCIATION PENSION PLAN – The Employer agrees to make contributions to The
Plumbers and Pipefitters National Pension Fund in accordance with the Standard Form of Participation
Agreement as on file at the Joint Plumbing Industry Board and made a pail of this Agreement.
-6-Trade Ed.
Fund
per hr.
Prom. Fd.
Safety &
IntT. Train,
per hr.
Welfare
Fund
per hr.
National
Pension
Fund
per hr.
Approx.
Package
per hr.
$0.00 $0.10 $5.00 $0.00 $24.43
$0.00 $0.10 $6.00 $0.00 $27.43
$0.58 $0.66 $11.38 $7.11 $52.50
$0.58 $0.66 $11.38 $7.11 $54.60
$0.58 $0.66 $11.38 $7.11 $57.45
$0.58 $0.66 $11.38 $7.11 $58.85
$0.58 $0.66 $11.38 $7.11 $70.92
INTERNATIONAL TRAINING FUND: The employer agrees to make contributions to the International Training Fund of ten cents (S.10) per hour for each
pay hour worked by all Employees covered under this Agreement.
ORGANIZING FUND- Twenty cents ($.20) per hour shall be deducted from net weekly wages to be used for Local I organizing purposes. (Ten cents ($.10)
for Is1 yr. Apprentices) An additional ten cents ($.10) per hour may be allocated by the Union for organizing purposes from the annual increases set forth
above.
ALL CITY, STATE AND FEDERAL WORK shall be performed at the prevailing rate of wages and fringe benefits as outlined. Local Union No. I shall
confirm said wages and benefits with the various authorities having jurisdiction
Notes:
1) See Paragraph 19 ofthis Agreement for40l(k) Savings Plan information.
2) See Paragraph I7A of this Agreement for Political Action Fund information.
3) 401(k) Employee Elective Deferrals, Credit Union and Union Assessment Check-Off arecalculated as a percentageof gross wages
but deducted from net wages for Credit Union and Union Assessment Check-Off and gross wages for 401 (k) Employee Elective
Deferrals.
4) See Paragraph 19B of this Agreement for ASB-C Emergency Relief Fund.
9A. DRAFTSMAN RATES Apprentices working as draftsmen shall work an eight (8) hour day, overtime at time and a half (1 /2 ).
](). NEW YORK CITY PAID SICK TIME ACT: The provisions of the administrative code of the City of New York, Title 20,
Chapter 8 (Earned Sick Time Act) and the New York State Paid Sick Leave Law, Article 6, Section 196-B in relation to the
provision for sick time earned by employees covered by this Agreement, as well any state of federal sick time requirement
permitting a waiver of statutory sick time, 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.
-7-11. Foreman
Classification
2 Employees,
Foreman
WAGE RATES FOR FOREMEN AND DEPUTY FOREMEN:
On all new construction jobs where two (2) Employee are employed; one
of the two Employees shall be designated as Foremen of the job and shall
be paid three dollars and fifty cents ($3.50) per hour above the Journeyman
rate of pay.
3 to 6
Employees,
Foreman
When three to six (3 to 6) Employees are employed; the Foreman shall
receive four dollars ($4.00) per hour above the Journeyman rate of pay.
7 to 20
Employees,
Foreman
When seven to twenty (7 to 20) Employees are employed; the
Foreman shall receive seven dollars ($7.00) per hour above the
Journeyman rate of pay.
21 to 39
Employees,
Foreman
When twenty-one to thirty-nine (21 to 39) Employees are employed; the
Foreman shall receive seven dollars and fifty cents ($7.50) per hour above
the Journeyman rate of pay.
40 to 99
Employees,
Foreman
When forty to ninety-nine (40 to 99) Employees are employed; the
Foreman shall receive eight dollars and fifty cents ($8.50) per hour
above the Journeyman rate.
100 Employees,
and over
Foreman
When one hundred (100) Employees and over are employed; the Foreman
shall receive eleven dollars ($11.00) per hour above the Journeyman rate.
Deputy
Foreman
When a Deputy Foreman is appointed by the Employer, he/she shall
receive three dollars ($3.00) per hour above the Journeyman rate of pay.
Commercial
Alteration up to
6 Employees
Foreman employed on work deemed commercial alteration shall receive
three dollars and fifty cents ($3.50) per hour above the Journeyman of
pay, up to six (6) Employees.
-8-11A. DEFINITION OF FOREMEN AND DEPUTY FOREMAN: On all jobs
classified as “new construction ” and when an Employer appoints other than
a Local Union No. 1 Foreman, the other than a Local Union No 1 Foreman
shall act in a supervisory capacity, and the second (2nd) Employee on the job
must be a Local Union No. 1 Journeyman who shall be designated a Deputy
Foreman. When an out-of-town contractor has work at multiple sites within
the jurisdiction of Plumbers Local Union No. 1, the contractor will be
permitted to employ only one out-of-town Foreman. All other Foreman
working in the jurisdiction shall be members of Local Union No. 1. A
Foreman shall not delegate authority to a Journeyman to lay out work
without the consent of the Employer. A Foreman or Deputy Foreman shall
be defined as a Journeyman plumber who assumes responsibility for the
Employer and supervises installations and “lays out” work for Journeymen
and Apprentice plumbers. No Employee shall be a Foreman on more than
one job. All Deputy Foremen working in the jurisdiction of Plumbers
Local Union No. 1 must be members of Plumbers Local Union No. 1, in
accordance with this Agreement.
12. RATIO OF EMPLOYEES: On all new construction jobs, the job shall
be deemed “new” construction including “Tenant” work for the purpose of
establishing the ratio of Employees until all base contract fixtures are set
and installed or a Temporary Certificate of Occupancy is issued.
13. WAGE RATE FOR TOWER WORK, BRIDGES, ELEVATED
HIGHWAYS, AND IN BUILDINGS: Where pipe is being installed fifty
(50) or more feet vertically in a “free drop” from its base, Journeymen and
Apprentices shall receive one dollar and fifty cents ($1.50) per hour more
than the standard rate of pay.
14. WAGES, PAYMENT OF: Wages shall be paid weekly in cash or by
check or by means of the electronic transfer at the Employer’s option.
Additionally, providing the required pay stubs by electronic means either
through a third-party payroll company or any in-house payroll department
is acceptable. If wages are paid by check, payment shall be made no later
than Thursday in the week. Payment of wages will be made on pay
day with no more than two (2) days “held back” to accommodate
payroll purposes. When paid by check, the Employees must receive them
before the lunch period, unless unusual circumstances, including an
act of God, may cause a delay. A repeated delay will be considered a
violation of this Agreement. The penaltyfor repeated delay shall be the
discontinuance of the privilege to pay by check for the particular job
involved after the penalty has been imposed by an Executive Committee of
the Joint Arbitration Committee.
-9-15.
16.
If wages are paid by check the Employer shall be in compliance with
the bonding requirements of this Agreement. The Employer shall
furnish his/her Employees with a suitable ” ID” card issued by or
acceptable to banks for facilitate the cashing of checks. If wages are
paid in cash, payment shall be made on Friday or a day earlier in the
week. When a Holiday or bank holiday takes place on the established pay
day, wages shall be paid on the preceding day. Payment shall be made
during the working hours, except if made impossible by and act of God,
then wages shall be paid the next working day. If an Employee is not paid
the next working day. If an Employee is not paid before the end of the
working day, he/she shall be paid waiting time at the regular hourly rate
until he/she is paid. This latter provision does not apply if the delay in
making payment is caused by an act of God.
WAGES, FAILURE TO PAY : The Union shall refuse to permit
Employees to work on any job for which Employees have not been paid,
or where the Employer has not obtained a valid and current Green Card,
except in case of dispute. In the event of a dispute as to the amount of
wages which are due an Employee , payment of the amount which is not in
dispute shall be made and the claim for the balance shall be submitted to
the Joint Arbitration Committee for decision.
THE FRINGE BENEFIT FUNDS-, to which Employers are required to
make contributions to the Local Union shall include, but not be limited to,
the following:
A) Plumbers Local Union No. 1 Welfare Fund
B) Plumbers Local Union No. I 401(k) Savings Plan
C) Plumbers Local Union No. I Trade Education Fund
D) International Training Fund
E) Plumbers & Pipefitters National Pension Fund
F) ASB-C Emergency Relief Fund
The Parties acknowledge that the Trustees of any of the above-referenced
Fringe Benefit Funds have the authority to terminate any of these Funds,
to create additional Funds or to modify, add to or amend the payment
schedules, benefits, and eligibility criteria associated with existing Fringe
Benefit Funds or such Funds created in the future. Nothing in this Article,
however, shall authorize or empower the Trustees of the Fringe Benefit Funds
to increase the total contributions Employers are required to make to these
Funds pursuant to this Agreement.
-10-17. UNION ASSESSMENT CHECK-OFF: Two and three quarter percent
(2.75%) of gross wages shall constitute the Union Work Assessment.
Check-Off is payable by check drawn to Plumbers Local Union No.
1 Welfare Fund. Such checks are to be sent to The Plumbing Industry
Board within the time limits set forth for the payment of fringes as
specified in Paragraph 19. The prompt payment of the Union
Assessment Check-Off provided for in this paragraph is essential for
the continued efficient operation of Plumbers Local Union No.l. An
Employer who fails to make such payment shall be liable for the
amount of such contribution with interest at a rate of ten percent (10%)
plus liquidated damages of twenty percent (20%) of the amount owing
and all costs including , but not limited to, reasonable audit and
accounting expenses, witness costs and attorney’s fees, disbursements and
court costs. The charge to a delinquent Employer for the costs and
expenses of collection and damages to Plumbers Local Union No.l shall
in no event be less than one hundred dollars ($100.00) for each failure to
pay a monthly contribution. This shall also apply if the Employer remits
on a weekly basis.
17A.
POLITICAL FUND: Labor has established a Political Action Fund to be
funded with a fifteen cents ($.15) per hour voluntary contribution.
The Employer shall make the appropriate deduction upon presentation
of a proper authorization card signed by the Employee and forward
such deduction to the Local Union. Remittances shall be forwarded
together with all other fringe benefit contributions to the Joint Plumbing
Industry Board by or around July 1, 2023.
18. FRINGE BENEFITS PAID TO THE PLUMBERS LOCAL UNION
NO. 1 TRUST FUNDS The Employer must pay the aforementioned
Welfare, 401(k) Savings Plan and Trade Education Fringe Benefits to the
Plumbers Local Union No. 1 Trust Funds (hereafter referred to as the Joint
Plumbing Industry Board) as administrative and/or collection agency of
the various trust funds. The Employer must remit the aforementioned
Plumbers & Pipefitters National Pension Fund and International Training
Fund contributions to the Plumbers and Pipefitters national Pension Fund
as administrator and/or collection agent of these Funds.
-1 1-19. 401(k) SAVINGS PLAN : Each Employee shall open an individual
account to participate in the Plumbers Local Union No. 1 Employee
401(k) Savings Plan. Each Employer of an Employee agrees to be bound
to the Trust Agreement of the 401(k) Plan and to remit all Employee
contributions as soon as such contributions can be reasonably segregated
from the general assets of the Employer but no later than two (2) business
days after the end of the payroll period from which the Employee
contributions were made and deducted from wages of the Employee.
Retention of these contributions by an Employer beyond the period
established by the U.S. Department of Labor regulation at 29 CFR
2510.3-102 makes the Employer a fiduciary with respect to such Employee
contributions. Failure to remit Employee contributions on a timely basis shall
make the Employer liable for interest and any lost earnings or restoration of
profits resulting from the failure to remit on a timely basis. The minimum
mandatory deduction shall be one percent (1%) of the gross weekly wage of
each Employee. Bonuses, vacation pay, sick pay, holiday pay and expenses
are included in gross wages. The maximum contributions shall be determined
by each Employee subject to the laws governing the Fund.
19.A CREDIT UNION: Each Employee shall open an individual account at a
credit union or other financial institution as designated and selected by the
Union. Each Employer agrees to remit such amounts as required by this
Agreement to such individual accounts when payment of wages is due.
Bonuses, vacation pay, sick pay, holiday pay and expenses are included in
gross wages.
19B. ASB-C EMERGENCY RELIEF FUND: Effective January 1, 2021 there
shall be a post-tax payroll deduction of five percent (5%) of gross wages for
all Journeymen and Apprentices. The Trustees of the Joint Plumbing
Industry Board shall establish rules and regulations of this fund.
20. FRINGE BENEFITS, PAYMENT OF : All fringe benefits are due no later
than the twentieth (20th day of the month following the month in which they
were incurred. In the event an Employer is a defendant in a law suit
commenced by the Joint Plumbing Industry Board for monies owing or
fails to establish proper financial responsibility, as determined by the Joint
Plumbing Industry Board in its sole discretion, said Board may require
the Employer to pay all fringe and supplemental benefits and contributions
weekly thereafter.
-12-21. ADDITIONAL FRINGE BENEFITS: Any Employer, employing in the
jurisdiction any Employee performing plumbing work covered by this
Agreement, who is either a member of another plumbers local union or not
otherwise affiliated with Plumbers Local Union No. 1, shall timely pay all
wages, fringe benefits and contributions in accordance with this
Agreement. Any Employer who shall fail to do so, may, in addition
to having to make all such payments, interest and liquidated damages,
pay the additional sum of one hundred and fifty dollars ($150.00)
per day per Employee for each such day of employment as additional
fringe benefits to the Joint Plumbing Industry Board for each day of
employment said wages or fringe benefits or contributions were not timely
paid in accordance with this Agreement, provided this provision does
not violate any applicable provision of law. Each such
Employer agrees that this payment is necessary to support properly,
the fringe benefit funds and agrees to make this payment in support of
these funds. The payment of wages and fringe benefits shall be binding
upon the Employer and his/her successors, assigns, beneficiaries,
legal representatives and each officer of the Employer.
22. FRINGE BENEFITS/BOND FAILURE TO PAY/PROVIDE: In the
event an Employer shall default in payment of the fringe benefits
provided for by the terms of this Agreement or fails to provide a bond
pursuant to Paragraph 25, it shall be considered the same as failure to pay
wages, and all Employees shall not be permitted to work for any
Employer who is delinquent in payment of fringe benefits. The Union
shall provide written notice to the Employer five (5) days prior to when
Employees are not permitted to work for failure to provide proper
bonding. Failure to pay fringe benefits is a violation of the laws of the
State of New York. In addition, if after proper notification an Employee
continues to work for a delinquent Employer, the Union may bring the
Employee up on charges before the “Local Union No. 1” Executive Board.
23. FRINGE BENEFITS AND/OR WAGES AND/OR BONDING IN
WHOLE OR IN PART, REIMBURSEMENT ON ACCOUNT OF
FAILURE TO PAY OR PROVIDE: An Employee who is compelled to
lose time from work because of the failure of his/her Employer to pay
fringe benefits and/or wages in whole or in part and/or to be properly
bonded as required by this Agreement shall be reimbursed for time lost up
to five (5) days at the regular hourly rate by the Employer who defaulted
in payment of the required fringe benefits and/or wages and/or providing
bonding.
-13-24. FRINGE BENEFITS, CONSEQUENCES BECAUSE OF FAILURE
TO PAY: The failure of an employer to pay all Fringe Benefits and
Supplemental Benefits and Contributions shall have the same
consequences as the failure of an Employer to pay the wages of
Journeymen and Apprentices, or to afford them the conditions of
employment stipulated in this Agreement, and in addition, such Employer
shall be liable for the payment of such Fringe Benefits with interest at a
rate of ten percent (10%) plus liquidated damages of twenty percent (20%)
of the amount owing and all costs including, but not limited to, reasonable
audit and accounting expenses, witness costs and attorney’s fees,
disbursements and court costs. The charge to a delinquent Employer for
the costs and expenses of collection and damages to the Joint Plumbing
Industry Board shall in no event be less than one hundred dollars
($100.00) for each failure to pay a monthly contribution. This shall also
apply if the Employer remits on a weekly basis. The interest and
liquidated damage rates for failure to pay contributions to the Plumbers
and Pipefitters National Pension Plan shall be in the amounts specified in
its Revised Standard Form of Participation Agreement.
ARTICLE 3
Bonding Requirements
25. SURETY BOND TO GUARANTEE PAYMENT OF FRINGE
BENEFITS: Each Employer shall furnish a bond of an agreed form by a
Surety Company approved by the New York State Insurance Department to
the benefit of the Joint Plumbing Industry Board to guarantee the payment
of the Fringe Benefits herein mentioned, Supplemental Benefits and any
and all other benefits and contributions. The bond should also guatrantee
Pension Fund contributions which should be payable to the benefit of the
Plumbers and Pipefitters National Pension Fund. The amount of the bond
shall be in conformity with theaction taken by the Joint Collection
Committee of the Joint Plumbing Industry Board relating to bonding
requirements effective January 1, 2022 as shown in the schedule below:
-14-BONDING REQUIREMENTS
AMOUNT OF BOND – $25,000 BOND MINIMUM
Average Number** Amount of Bond
of Employees Monthly Weekly
1 to 5 $ 45,000 $ 25,000
6 to 10 $ 100,000 $ 30,000
11 to 15 $ 125,000 $ 40,000
16 to 20 $ 200,000 $ 50,000
21 to 30 $ 250,000 $ 75,000
31 to 40 $ 350,000 $100,000
41 to 60 $ 550,000 $150,000
61 to 80 $ 725,000 $225,000
81 to 100 $ 900,000 $300,000
101 to 150 $1,300,000 $450,000
For each additional 100 employees or fraction thereof an additional $300 ,000 shall be added for the weekly
contractor and $600,000 added for the monthly contractor.
*Note:New bonding schedule as of Januaryl, 2022
**Subject to quarterly adjustment to reflect actual levels of employment
When in the opinion of the Joint Plumbing Industry Board, the financial ability of
any new contractor, (i.e., a contractor working for the first time in the area) has not
been studied and approved then such contractor shall post a bond double the amount
shown in the above schedule. After one (1) year the record of a new contractor who
has posted a double bond shall be reviewed. If the new contractor, during the
year has paid Fringe Benefits when due, the bonding requirements for such
contractor will be reduced in accordance with the above schedule. All newly
organized contractors employing four (4) Employees or less shall provide the Joint
Plumbing Industry Board with security in the amount of forty five thousand dollars
($45,000.00). This provision will apply for a probationary period of one (1) year then
the above schedule will be enforced. If the number of Employees increases during this
period, the above schedule shall apply. In the event an Employer fails to pay Fringe
Benefits within the prescribed period, the Employer in arrears in payment of Fringe
Benefits shall be required to pay Fringe Benefits weekly. If delinquent, an employer shall
post a bond double the aforelisted bond requirements.
-15-ARTICLE 4
Reciprocal Agreements
26. RECIPROCAL AGREEMENTS : The Joint Plumbing Industry Board, on
behalf of the Trustees of the Local No. 1 Fringe Benefit Funds, may enter
into reciprocal agreements with other jointly trusted funds covering members
of sister locals of the United Association employed in the Local No. 1 area
and subject to this Collective Bargaining Agreement as well as members of
Local No. 1 working in other areas which will provide for the transmission
and acceptance of Employer contributions for fringe benefits and the amount
thereof.
ARTICLE 5
Plumbing Industry Promotion
Fund of New York City
27. CONTRIBUTIONS TO FUND: The Employers have established, by an
Agreement and Declaration of Trust, a Trust Fund known as the
“Plumbing Industry Promotion Fund of New York City” for the mutual
benefits of all plumbing contractors who do business in the area. The
Agreement and Declaration of Trust of the said Promotion Fund provides
that the said Promotion Fund shall be administered exclusively by
Management Trustees appointed by the Association. Each Employer
agrees to bebound by said Trust, amendments thereto and rules and
regulations thereof and to contribute monthly to the Plumbing Industry
Promotion Fund of New York City an amount equal to fifty six cents
($.56) per hour for each pay hour worked by the Employees of the
Employer. Such contributions may be increased up to a total of sixty
cents ($.60) per hour if and when the Trustees of the said Fund adopt a
resolution for such increases, provided however that ninety (90) days
notice of the adoption of such resolution and the effective date of
such increase is given to Employers by letter sent to them. Such
contribution is to be remitted to the Joint Plumbing Industry Board as
collection agent for the Promotion Fund.
-16-28. PROMPT PAYMENT OF CONTRIBUTIONS : The prompt payment
of the contribution provided for in Paragraph 27 is essential for the continued
efficient operation of the Promotion Fund. An Employer who fails to make
such payment shall be liable for the amount of such contributions with
interest at a rate of ten percent (10%) plus liquidated damages of twenty
percent (20%) of the amount owing and all costs including, but not limited
to, reasonable audit and accounting expenses, witness costs and attorney’s
fees, disbursements and court costs. The charge to a delinquent Employer for
the costs and expenses of collection and damages to the Promotion Fund
shall in no event be less than one hundred dollars ($100) for each failure to
pay a monthly contribution. This shall also apply if the Employer remits on
a weekly basis.
ARTICLE 6
Inspection of Books and Records
29. BOOKS AND RECORDS AVAILABLE FOR INSPECTION: The
Employer agrees to keep its labor payrolls and job and time books and
compensation books available for joint inspection by representatives of the
Union and the Association, and the accountant of the Joint Plumbing
Industry Board, who shall be permitted to examine same to determine if
the Employees are receiving wages as provided for in this Agreement , also
to check the Fringe Benefits, Compensation and Insurance payments.
The Employer agrees that its general and specific books of accounts, and all
records supporting them, shall be available for inspection by representatives
of the Joint Plumbing Industry Board and/or the Union and/or the
Association, for their determination that Employees are receiving wages
provided for in this Agreement and to check that Fringe Benefits,
Compensation and Insurance payments have been made. The general and
specific books of accounts and records supporting them shall include, but not
be limited to:
-17-General Ledgers, General Journals, Cash Receipts and Disbursement
Journals, Purchase and Expense Journals, Payroll Records including all tax
returns, payroll taxes, and Federal and State Income, State franchise, and Social
Security taxes and such other specific books of accounts and records as their
representatives should deem necessary and proper in the circumstances. This means
cost and progress records at job or office. The Employer agrees to provide
adequate Workman’s Compensation Insurance, Unemployment Insurance, Social
Security, New York State Sickness and Disability Insurance and any other insurance
or Fund mutually agreed upon by both parties, and any such other insurance
required under the statutes or otherwise under the City of New York, State of New
York, United States Government, or any other Division, Agency or Bureau of any of
them. Each Employer shall provide all such insurance even though only one (1)
person is in its employ, all in accordance with the laws of the locality where
the work is done. Further, if court action is commenced to compel such an
audit because of failure of the Employer to provide such books and
records within twenty (20) days after a request by certified mail, the
Employer shall pay to the Board the sum of five thousand dollars
($5,000.00) or a greater sum constituting reasonable attorney’s fees, for the
cost of bringing court action to compel compliance with this provision. If
monies are found to be owing, the Employer shall pay the cost of the audit.
-18-78A
ARTICLE 7
Hours of Work
30. HOURS: Five (5) days, Mondays through Fridays, shall constitute the
work week. The hours of labor shall be seven (7) hours per day with onehalf (1/2) hour for lunch. The starting time shall be between 7:00 a.m. and
8:00 a.m.* Once a starting time has been established on a job, no change
shall be made unless the Employer notifies the Union of such change. (If a
change in the working hours in “new construction” work becomes
prevalent, the Joint Negotiating Committee will reconvene and consider
that condition.)
For new construction site work (outside a building-see Paragraph for
scope of work) where the plumbing contract price is one million dollars
($1,000,000.00) or less, and for public works jobs where the plumbing
contract price is one and one half million dollars ($1,500,000.00) or less , the
hours of labor shall be eight (8) hours per day at the employers option.
*Should contract noise restriction regulations be implemented, the
contractor can commence work at 9:00 a.m. with the consent of the
Union (“Me Too” provision shall apply).
31. SHIFT WORK:
Public shift work when directly specified in public agency or authority
contract documents where the plumbing contract is eight million dollars
($8,000,000.00) or less will be permitted. Shift work in these cases must
continue for a period of not less than ten (10) consecutive work days.
Work on weekends only shall be considered consecutive days. A shift
shall consist of seven (7) hours with one-half (1/2) hour for lunch after the
first four (4) hours of each shift. Shift times shall be set as follows and
adhered to as closely as possible: 8:00 a.m. to 3:30 p.m., 4:00 p.m. to
11:30 p.m. and 12:00 midnight to 7:30 a.m.
Wage rates and fringe benefits for shift work shall be the normal straight
time wages and fringe benefits rates set forth in Paragraph 7 of this
Agreement plus a shift premium of thirty percent (30%) for wages and
fringe benefits on shift work performed Monday through Friday on the
4:00 p.m. and Midnight shifts. For shift work performed on weekends, the
shift premium shall be fifty percent (50%) of wages and fringe benefits.
For shift work performed on the Holidays set forth in Paragraph 35 of this
Agreement, double time wages and fringe benefits shall be paid.
-19-Private (occupied buildings): Shift work in occupied private buildings will
be permitted. Shift work in these cases must continue for period of not
less than five (5) consecutive work days. A shift shall consist of seven
(7) hours with one-half (1 /2) hour for lunch after the first four (4) hours of
each shift. Shift times shall be set as follows and adhered to as closely as
possible: 8:00 a.m. to 3:30 p.m., 4:00 p.m. to 11:30 p.m. and 12:00 midnight
to 7:30 a.m. Wage rates and fringe benefits for shift work shall be the
normal straight time wages and fringe benefits rates set forth in Paragraph 7
of this Agreement plus a shift premium of thirty percent (30%) for wages
and fringe benefits on shift work performed Monday through Friday on the
4:00 p.m. and Midnight shifts. For shift work performed on weekend and
holidays, the shift premium shall be fifty percent (50%) of wages and fringe
benefits.
It is noted that the normal workday Monday through Friday 8:00 a.m. to 3:30
p.m. time period is not considered a shift for the purpose of this Agreement
and therefore not subject to the shift premium. The Employees who are
performing shift work shall not be transferred from other jobs nor work
multiple shifts. There will be a different Foreman for each shift.
32. LUNCH PERIOD: Lunch period shall be four (4) hours after starting time.
Work performed during lunch period shall be paid at double time and the
Employees should be given reasonable time to eat without any deduction of
wages.
33. “SHOW UP” EXPENSE: In the event Journeymen and Apprentices
report for work at the job starting time and for any reason beyond their
control they are unable to start work, they shall receive two (2) hours
wages (only) as expenses. Apprentices shall receive a minimum of twenty
five dollars ($25.00) as expenses.
33A If a person does not have safety documentation, specifically OSHA 10/30,
SST, MTA, TWIC or SWAC, if required for entry on to jobsite, no “showup pay” is obligated to be issued from the Employer to Employee.
-20-ARTICLE 8
Reporting and Starting Time
34. REPORTING – STARTING – QUITTING – TRAVEL BY BOAT –
TRANSPORTATION – BOARD – TOLL CHARGES:
Journeymen and Apprentices may report for work within a reasonable
time period before the established starting time at a shop or a job site and
be prepared to commence work at the starting time. When a shanty or
locker is on any upper floor, an Employee must be given enough time to
get to the ground floor at the established quitting time. When ordered to
report to the shop, the Employer shall then furnish transportation to the
job and return. Where it is necessary to cross water to reach a job and
there is no standard means of transportation available, the Employer
prior to entering into contract, shall meet with the Union to agree on
method and conditions of transportation of its members. If unable to
furnish such transportation, Employees on the job shall receive board.
Where it is necessary to cross water by boat, Employees shall report to
the dock within a reasonable time prior to the established job starting time
and they shall return to the mainland not later than the established quitting
time. The cost of any toll charges shall be borne by the Employer.
ARTICLE 9
Holidays and Overtime Pay
35. HOLIDAYS : Holidays shall be asfollows:
Columbus Day
Veterans Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Day
New Year’s Day
President’s Day
Memorial Day
Independence Day
Labor Day
Holidays that fall on Sunday shall be recognized on the following
Monday.
36. OVERTIME PAY : No work shall be performed during any hours other
than those specified or on any Saturday, Sunday or the Holidays listed
herein, except in case of emergency, in which event Employees shall
receive overtime rates for their labor. Permission to work must first be
obtained by the Employees from the Union. An emergency is to be
determined by the Business Agent.
-21-Overtime rates on new construction will be as follows:
Unless otherwise provided for in the Agreement, the Wages and Fringe
Benefits Rates will be Double Time.
ARTICLE 10
Apprentice Regulations
37. APPRENTICES: A Joint Apprenticeship and Training Committee
consisting of equal representation from the Union and the Association
shall continue to formulate, adopt and administer apprenticeship standards
to meet the needs of the Plumbing Industry in the five boroughs of New
York City. The Apprenticeship and Training Committee shall make every
effort to conform as nearly as local conditions permit to the standards of
the National Joint Apprenticeship Training Committee. Any agreement
presently existing between the representatives of the Joint Apprenticeship
and Training Committee shall continue in full force and effect until its
expiration. The Apprenticeship program shall continue to be administered
in accordance with the “Statement of Compliance” dated August 7, 1972
and filed with the Bureau of Apprenticeship Training, State Office
Building, Albany, New York.
38. APPRENTICESHIP SCHQQL: While attending daytime training,
Apprentices shall receive wages and fringe benefits for seven (7) hours,
but shall be paid for eight (8) hours if they are working on a job that is an
eight (8) hour day. If necessary to attain the required training hours,
classes may extend to eight (8) hours in which case the Apprentice shall
receive the regular s even (7) hours of wages and fringe benefits.
-22-39. RATIO OF APPRENTICES: The number of Apprentices is asfollows:
1 Apprentice if
2 Apprentices if
3 Apprentices if
4 Apprentices if
5 Apprentices if
2 Journeymen are
5 Journeymen are
8 Journeymen are
1 1 Journeymen are
14 Journeymen are employed
employed
employed
employed
employed
1 Apprentice for every 5 Journeymen above 19 Employees.
B. Prevailing Wage Jobs where the plumbing contractor is one million
dollars ($1,000,000.00) or less:
1 Apprentice and 1Journeyman, then
1 Apprentice for every 3 Journeymen above 2 employees.
C. Residential and boutique hotels, except work performed in connection
with airports or government lease back projects:
1 Apprentice and 1 Journeyman up to eight (8)
1 Helper and 1 Journeyman for a total of sixteen (16)
Should a shortage of Apprentices arise, Labor and Management agree to
address the shortfall through the existing list of applicants.
-23-PART TWO
Safety, Sanitary and Health Conditions, Temporary
Facilities
— Plumbing Specifications and Contract
Information Form – Definition of Plumbing and Gas
Fitting – Pipe Cutting and Fabrication – Stewards- Layoff
or Discharge – Union Security – Regulation of
Employment — More-Than-A-One-Employee-Operation —
Quality of Workmanship – Tools and Equipment –
Miscellaneous RegulationsARTICLE 11
40.
41.
42.
43.
Safety, Sanitary and Health Conditions,
Temporary Facilities
SHANTIES AND WEATHER PROTECTION : All plumbers’
“knockdown” shanties shall be assembled and disassembled by the
plumbers. Each shanty shall be provided with a heater in the cold
weather, a fan in hot weather, and electric lighting if the power is
available within fifty feet (50 feet) of the shanty. The clothes shanty shall
have bottled water and drinking cups. Non-fireproof shanties shall
contain a fire extinguisher. The Employer shall furnish on all jobs a
suitable shanty or locker which shall be used exclusively by Journeymen
and Apprentices for their clothes only. The clothes shanty shall be
heated. Journeymen working at a pipe machine or “kicker” shall be
protected from the weather by a three-sided shed with a roof.
SAFETY GOGGLES – HATS – SAFETY PROVISIONS: Brazing
and safety goggles and foul weather gear shall be provided to Employees
on all jobs. Hard hats with new liners shall be provided for all phases of
work. Sturdy and adequate scaffolding and ladders approved under the
provisions of the Occupational Safety and Health Act (OSHA) shall be
provided at all times. Officers of the Union shall require the Employees
to use the issued safety equipment required. Safety meetings by the
Executive Committee of the Joint Arbitration Committee shall be held
when required on the job.
PERSONAL SAFETY ITEMS: Each Employee will furnish his/her
own safety gear. Personal safety and health items such as prescription
goggles or glasses for brazing, welding or for other safety eyewear,
safety footwear, safety gloves and all other personal safety items.
SANITARY AND DRINKING WATER FACILITIES MINIMUM
REQUIREMENTS: The parties agree that sanitary and drinking water
facilities shall not be less than the minimum requirements under this
Agreement. A sketch which illustrates the foregoing is contained in this
Agreement. (See Paragraph 49.)
-24-44.
45.
46.
TEMPORARY FACILITIES TO BE AVAILABLE : It shall be the
duty of the plumbing contractor to make sure services are available for
temporary facilities at the earliest possible date building construction
permits so that Chemical toilets may be removed. Services shall be
considered available when public sewers and water mains exist in the
location of the building operation. If the work outlined above cannot be
performed, the plumbing contractor is to notify the Business Manager.
During plumbers’ regular working hours, plumbers shall always be
available to take care of any problem or render any service whether or
not plumbers are actually working on the job.
CONSTRUCTION WATER : One riser or horizontal main, with or
without a pump, may serve sanitary facilities and the supply of water for
construction purposes. When requested by the Agency, Owner or
Builder the supply of construction water shall be maintained by
Journeyman Members of Local No. 1, before and after the regular hours
of work including but not limited to weekends and holidays.
Maintenance shall include, but not be limited to the repair, replacement
and filling or draining of the system. The Journeyman maintaining the
Construction Water shall be a productive Employee, up to the limit that
an individual may safely perform.
MAINTENANCE OF COOLING AND HEATING APPARATUS:
Equipment such as boilers and/or air conditioners, etc. shall require the
services of the Plumber while in operation. In order to maintain the
jurisdiction of the Plumber, and the Contract liability of the Employer, the
following rules shall apply:
1) During regular work hours the equipment shall be maintained by
Plumbers on the job site.
2) When there are no Plumbers on the job site, there shall be three
shifts designed to cover the entire twenty-four (24) hour period,
including weekends if necessary, at eighty percent (80%) of the
regular primary wages and fringe benefits (straight time).
3) Should Construction Water and Maintenance coincide at the
same time, the work can be maintained by the same plumber,
however, he/she must be paid double time wages and fringe
benefits when performing this dual function.
4) Maintenance of equipment shall cease when all permanent
equipment, piping systems and services are in use.
-25-41. TEMPORARY HEAT When a Signatory Contractor employing Local
No. 1 Journeymen installs a temporary gas system of heating , the piping
for which is connected to the supply introduced by the local utility, and
connected to a gas meter, the receiving, distributing, installation,
maintenance, servicing, handling and dismantling of all piping,
equipment, materials and heaters of this system must be performed by Local
No. 1 Journeymen and it is to be done by the Contractor who installed the
system.
The hours of maintenance shall be twenty-four (24) hours per day as
follows:
Three (3) eight (8) hour shifts at eighty percent (80%) of the regular
primary rate of wages and benefits, Monday through Sunday (including
Holidays) for a total work week of one hundred and sixty-eight (168)
hours. (Straight time only for wages and benefits.) Journeymen will be
assigned to this work by the Business Agent of the area, in conjunction with
the Employer.
No Journeyman may work more than forty (40) hours in any week.
The builder, with forty-eight (48) hours’ notice to the Employer and the
Local No.l Business Agent, may suspend the temporary gas system of
heating for a minimum period of twenty-four (24) consecutive hours.
The gas will be closed with a suitable locking device. After three (3)
closings or shut downs of the temporary system, it shall be required that the
entire temporary piping system be removed.
This rule shall be interpreted in a practical and liberal manner, and in
accordance with Building Department Regulations.
-26-48. PNEUMATIC SYSTEMS: When a member of the Association
signatory to this contract or an independent contractor adhering to the
terms of this contract installs a pneumatic system for heating or cooling
control, the maintenance and servicing of this system during the
construction period shall be performed by members of Local No.l. The
hours of maintenance and service shall be:
Three (3) eight hour (8 hour) shifts (4:00 p.m. to 12:00 midnight, 12:00
midnight to 8:00 a.m. and 8:00 a.m. to 4:00 p.m.) at eighty percent
(80%) of the regular primary rate of wages and benefits, Sunday through
Saturday including Holidays. (Straight time only for wages and
benefits.)
This paragraph constitutes an agreement and covers the rates of pay,
hours and working conditions of all Journeymen and Apprentices
employed by the Employer doing plumbing and pipe fitting as related to
the installation, service and maintenance of all pneumatic control or other
related piping systems and component parts thereof, including
fabrication, assembling, erection, installation, dismantling, repairing,
reconditioning, adjusting, altering and servicing of said pneumatic
control or other piping systems and the handling, unloading, distributing,
reloading, tying on and hoisting of all piping materials, appurtenances
and equipment used in connection with said pneumatic control or other
piping systems by any method, including all hangers and supports of
every description, and all other work included in the trade jurisdictional
claims of Plumbers Local Union No. 1, of the United Association. The
Employer shall do work, coming under this Agreement; on all control
centers, panel boards, gauge boards and cabinets on the job site, in the
Employer’s local shop or in the Employer’s central fabrication shop,
wherever it may be located.
Except as otherwise provided, the various provisions of this Agreement shall
apply to pneumatic systems. Turning over any equipment to circumvent the
intent of this paragraph will not be permitted.
-27-49. TYPICAL TEMPORARY TOILET ROOM;
Addendum to Paragraph 43— Safety,
Sanitary and Health Conditions
TYPICAL TEMPORARY TOILET ROOM
Enclosures will be vented, heated and maintained as required by this
Agreement. Sanitary tissue will be provided
Number of W.C.’s shall not be less than one W.C. per thirty (30) persons.
Provide sanitary bubbler at each floor of temporary water riser.
-28-ARTICLE 12
Plumbing Specifications and
Contract Information Form
5Q PLUMBING SPECIFICATION AND CONTRACT INFORMATION FORM
Such forms shall be distributed by UA Plumbers Local Union No.l to all
Employers of Journeymen and Apprentices. The respective Employers shall
itemize on this form the plumbing work contained in the contract for each job
awarded to the Employer. The Employer shall distribute before the job starts
three (3) copies of the form as follows: one (1) copy to Plumbers Local Union
No. 1, one (1) copy to the job Foreman for the purpose of showing the form to
the Business Agent in the district where the job is located and one (1) copy for
the Employer’s file. This form shall be signed by the Employer or an authorized
representative of the Employer.
ARTICLE 13
Definition of Plumbing and Gas Fitting
51. WORK TO BE PERFORMED: Unless otherwise determined by the
Executive Committee of the Building Trades Employers’ Association or
any national tribunal recognized by and in which the United Association
is a participant, the following work, as well as any other work that has
traditionally been done by plumbers, is to be performed within “the
area” and is deemed to be plumbing and gas fitting and shall be
performed exclusively by Employees in the employ of the Employers,
(a) all piping and equipment for natural and manufactured gas,
water supply and solar heating systems in its entirety, cast iron mains,
hydrants, steel mains and flange pipe, in highways, etc., drains , wastes,
soil vent lines, including all piping for hot and cold water for domestic
and culinary purposes and connections to all fixtures and apparatus
requiring same, all water piping or waste lines of a temporary or
permanent use, all drinking water systems; demolition of plumbing and
related equipment for re-installation.
-29-(b) all piping, connections and equipment for pneumatic, thermostatic
and vaccum and cleaning systems, including vacuum or water operated
ash removal systems; (c) all piping, connections and equipment for fire
lines and standpipes of every description, including piping for other
purposes, and standpipes taking place of tanks; (d) all piping and
equipment for the transmission of liquid soap systems, glucose, syrup,
liquid sugar, ink or other liquids in manufacturing or commercial plants,
all process piping for sanitary systems and for human consumption (e.g.
beer lines, soda lines), acid lines and vents , sub-soil drains, laundry
machinery, transmitting gasoline and where lead pipe sheet lead, solder,
or other methods are used for putting pipes or tubing together and all
piping utilized for railing and racks; (e) all piping connects and
equipment for ice machine work and all water supply, discharge and
drain piping for refrigerating machinery, ammonia condensers, air
compressor jackets, cooling tanks and all other apparatus requiring such
piping and connections, and all piping for drinking water as well as all
oxygen, nitrous oxide piping and hydrogen piping; (f) all piping and
equipment from drip pans, tanks, trench/trough drains, receptacles,
apparatus, etc. of every description which conveys any liquid waste or
drip to the plumbing drainage system or fixtures either by a direct or
indirect connection to the plumbing system; (g) all drain boards, wall
benches, table tops, etc., of every description which may be drained into
or toward a plumbing fixture or other part of the drainage system; (h) all
welding and burning in connection with plumbing work and plumber’s
piping; (i) installing all accessories for toilet room and bathrooms, such
as soap, sponge, glass, paper and brush holders, towel racks and bars,
glass shelves and mirrors, robe hooks and linen and paper towel holders,
glass shower doors and shower enclclosures, sanitary napkin dispensers
and all accessories of any description installed in toilet rooms and
bathrooms, etc. or which may be used as an accessory to or with a
-30-51A. SUPPORTS: All Supports, Hangers, Racks, Seismic and Rodding for all Piping covered
under the work of the plumber (excludes catalog items). Including “Bridging” where it is
necessary to complete the connection between the structure regardless of material and the
support of the piping and equipment, as long as it does not affect the Structural Integrity.
plumbing fixture, and all drainboards , excepting only such china
accessories that are tiled in; (j) connecting all gas ranges and gas logs
and gas fired boilers, unit heaters, and turbines, all gas dryers and other
gas appliances for whatever use, and fuel burning appliances; (k) setting
and connecting of all water meters, water filters, hot water tanks, hot
water heaters, solar hot water heaters and incinerators, compactor
piping, cold water tanks, suction tanks, pressure tanks, storage tanks,
house tanks, sump tanks, sump pumps and water pumps of every
description whether steam or motor driven, sludge gas and all sewage
work, all sewage ejectors, sewage disposal systems, methane or radon
recovery systems, geo thermal systems and piping thereto and gases
manufactured therein, air compressors and compressed air tanks,
installation of apparatus and related piping for transportation washing
systems, (I) all piping equipment used for exhaust fumes and all pipes
that provide for the passage of methane or radon gas from underground
areas into the general atmosphere; (m) all exhaust and vapor piping for
sterilizers, etc.; (n) the installation of piping and equipment of gasoline
bulk plants; (o) the setting and placing, nailing and/or securing of
sleeves, inserts and boxes of every description for the installation of
plumbing; (p) the wiping and capping of all lead for plumbing and the
fabrication of lead, copper, stainless steel, and any material used for
plumbing flashings is be done on the job in which the material is to be
installed; (q) the cutting of holes and chases; (r) degritters , grit
conveyers, flow weirs of every description, seal water and entire systems
of pumps and equipment, sludge heaters, sludge treatment systems, fuel
systems for vehicles, sluice gates all types, scum skimmers of every
description, chlorine systems, fuel cells of every description and all
bathroom accessories regardless of the materials they are made of; (s) the
setting and connection of all fixtures as partially enumerated below, (t)
plant irrigation supply and drainage piping and irrigation systems of
every description, (u) video any sewer or plumbing system of every
description, (v) spin casting and epoxy coating of every description , (w)
sub slab depressurization systems, (x) all grey water, black water and
other water reclamation systems, (y) Medical air for tools and
instruments used in surgery, and (z) hook ups to gas P-tac units,
-31-STERILIZERS
HEATERS AND WATER METERS, ETC.
Aspirators
Bandage sterilizers
Bed pan sterilizers
Hot and cold water sterilizers
Gas fired hot water heaters
Steam fired hot water heaters
Electric hot water heaters
Heat pump hot water heaters
Co-generation hot water heaters
Tank heaters of the every description
All types of hot water pre-heaters
Instrument sterilizers
Utensils sterilizers
Water stills of every description
Geothermal hot water heaters
Solar hot water heaters
Hybrid hot water heaters
Water filters
Water treatment equipment
Water meters
Fish traps and strainers
Gauges and gauge wells
TANKS
Beer tanks
Benzene tanks
Drinking water tanks
Potable water tanks
Expansion tanks
Gasoline tanks
Hot water tanks
House tanks
Hydrogen storage tanks
Hypo-chloride tanks
Kerosene tanks
Milk tanks
Surge tanks
Naphtha tanks
Perfume tanks
Peroxide tanks
Septic tanks
Storm water retention tanks
Hydro-pneumatic tanks
Soap tanks
Suction tanks
Vacuum tanks
Wax tanks
EQUIPMENT
All milk piping
All pneumatic controls
All restaurant and kitchen equipment
All laundry equipment
All temperature controls
Anti-pollution equipment
Scrubbers, slurry and compactors
Bottle filling machines
Bottle washing machines
Chlorinating machines
Compactors
Desalination
Fill boxes
Fountains
Hydraulic lifts
Laundry dryers
Laundry washers
Liquidometers
Milk storage tank machine
Nitrogen equipment
Oil separators
Oxygen equipment
Pasteurizing machines
Reverse osmosis machine
Roof and floor drains of every
description and flashing
Soda and coffee machines
Washers of every description
Any other water supplied
equipment
FIRE EQUIPMENT
Ball drips
CO-2 equipment
Dry chemical equipment extinguishers
Extinguisher systems
Fire hydrants
Hooks and brackets
Hoses, hose racks and hose
cabinets (lead glass)
Ladders
Manifolds
Nozzles
Reducing valves
Siamese
Signs
-3 2-Carbon capture system for all fossil fuels.
GAS PIPING AND EQUIPMENT
Equipment
All Fuel Gas equipment and appliances
All Natural Gas equipment and appliances
All Medical Gas equipment and components
All Medical Air equipment and components
All Medical Air supplied tools and instruments
Gas Booster Pumps or any type of apparatus
Gas regulator valve of any type or pressure
Compressed air
All Medical Air Components including compressors for medical air, aftercoolers,
medical air receivers, medical air dryers, medical air filters, medical air regulators,
medical air local alarms, all medical air supplied equipment, medical air supplied
tools, and medical air supplied instruments used for diagnostic, treatment, surgical,
or dental procedures.
Types of Gas Piping
All Fuel Gas piping
All Natural Gas piping
All Medical Gas piping
Natural Gas
Propane
Hydrogen
Oxygen
Acetylene
Methane
Radon
Nitrogen
Air
Helium
Carbon Dioxide
Argon
Types of Medical Gas Piping
Medical Air
Carbon Dioxide
Helium
Nitrogen
Nitrous Oxide
Oxygen
Dental Air
Laboratory Air
Vacuum
Dental Vacuum
Laboratory Vacuum
Medical-Surgical Vacuum
Non-medical Vacuum
Non-Mcdical Air
Instrument Air
Waste Anesthetic Gas Disposal (WAGD)
Oxygen/Carbon Dioxide mixtures
PLUMBING FIXTURES
Autopsy tables
Basins
Bath tubs
Bed pan sinks
Bidets
Cuspidors
Dental chairs
Drinking fountains
Gas ranges
Grease and plaster traps
Hampers
Laundry tubs
Mirrors (7 ‘/i square feet
and under) See Paragraph 52
Sacrariums
Showers
Sink and sink cabinets
Shop sinks
Swimming pools and pools of any
Type unit heaters
Urinals
Water closets
Whirlpools of any type
EUMRS
Circulating pumps
Compressor pumps
Drinking water pumps
Ejectors, electric
Ejectors, pneumatic
Fire pumps
Gasoline pumps
House pumps
Hydrogen fueling station/pump
Sump pumps
Vacuum cleaning machines
Vacuum pumps
STONE AND ACID EQI PM1M
Developing tanks
Laboratory hooks
Laboratory sinks
Laboratory tables
All work in connection with all of the above items as well as all work in
connection with any other equipment and material not herein listed,
which is within the jurisdiction of Plumbers Local No. 1, shall be performed
exclusively by members of Local No.1.
-3 3-52. R I G G I N G – M O V I N G – H O I S T I N G – S I D E WA L K
DELIVERY: The apparatus, fixtures and material including pipe and
fittings and those enumerated above are to be handled and distributed by
members of Local No. 1 by whatever means available. Under special
conditions where the apparatus requires rigging, moving or hoisting, the
Employer must notify the Business Agent. When this condition
prevails, the plumbers are to work with the riggers “tying on”. All Bathtubs
must be handled and distributed by members of Local No. 1 on all jobs.
There shall be no rigging of any other Fixtures, Basins, Water Closets,
Sinks, Ranges, Washing Machines, etc. All these fixtures and materials are
to be handled and distributed exclusively by members of Local No. 1.
51B. MODULAR: All modular equipment, pods, rooms, walls or any other
system(s) that are fabricated with intention to be installed within the territorial
jurisdiction of UA Plumbers Local Union No. 1 must have Local 1 fabrication
labels on the item (s) for installation if furnished by a signatory plumbing
contractor. Deliveries of all modular equipment, pods, rooms, walls or any
other system (s) shall be handled including the rigging of UA Plumbers Local
Union No. 1 to the location of Installation if furnished by a signatory plumbing
contractor.
-34-53. SETTING AND/OR HANGING OFMIRRORS:
SuUMno anb Construction Crates Council
441 UCXIHOTOW AVWmM
mow rw tv. M. V.
MaVeh II, ISSS.
We th* OBdarptfOod, CPNT MURRAY, Proa. A BdlidMa Manager, Local Ueto*
Ho. 1. UtHed AaeocLaHoo of Plumbera, 1AM KAPLAH, Manager,
Ctoelore Unai VoIm WIT and Howard Ik Spedoa, proa. ReUdtofI Ceeetrwettoa Tradco Council of Creator How Yorii, aw March >1« USS hare IptHU
IM following.
la order la brief about a clearer underataodtof and la oetabiUh a Ueo of de*;
•aarialtoe and )wlMieilon on the •<•«*< aM/ue beaglaf of mix roea. the (oHowUf tf’caaMM woo colored Into betweeo plumbora Local IMioo No. 1of <M
United AtaorlaHea of Joorne/onoo end Appronilcoo of tbe Plwmb|a< aad Pipe
Pitting Indwotr; of the UelUJ Stoieo and Cabode and OtMlera Local H®. Mt X
Fbuhofbond of PahHero. Dooar atart and Paper Hanforc of Amerlea.
It obaU be the wqrh of the ptomOor io ool and/or Ma< ell eUrroea that do oot ooeood 1 1/1 equate (eat In area Ie the (oltow>df tocatloea: all batbroomo. toilet
reotno or any other room whore the mirror to eel er hwn< ever er Ie cwewoctlea
with waah baotea.
n ohell be tbe verb of the CUatora to Imtall a<| mlrrere In all ioeattoea whoa
tbe olee of the mirror eeeeede I 1/1 aqM*re feel Ie woe.
It obeli be ibe wor b of iha Claaler to flaee all etawdard pipe flro II’m bone
eobineta. ” -■
r.ENt MURRAY ‘1/.
Preo. 4 Rea. M Hot. M JinUAKD MC SntDdN
V««a., U.. b ContU’.tl. Tradwo Vaoocli
-35-54. In the matter of Arbitration
between
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA
and
UNITED ASSOCIATION OF
JOURNEYMEN & APPRENTICES OF THE
PLUMBING & PIPE FITTING INDUSTRY
Case Reference: NY 4/6/93
On Appeal From A Decision
Of The New York Plan
A hearing regarding this arbitration was held on April 22, 1993, at 10:00
AM in the offices of the AFL-CIO Building and Construction Trades
Department, Washington, D.C.The undersigned was appointed to hear
thecase through the Procedurial Rules and Regulations for thePlan
for the Settlement of Jurisdictional Disputes in the Construction
Industry.
APPEARANCES
For the Laborers International
Union of North America
Steve Hammond
For the United Association of
Journeymen and Apprentices
of the Plumbing and Pipe
Fitting Industry
Ed Messmore
James V. Hart
OPINION
AND
DECISION
— 36—oil separation
ISSUE
AjurisdictionaldisputebetweenLaborersInternationalUnionofNorth
America (hereinafter referred to as Laborers) and the United
Associationof Journeymen and Apprenticesof the Plumbing and Pipe
Fitting Industry (hereinafter referred to as UA) over the installation of
a metallic piping system for drainage, disposal and all separation of
industrial and storm waste inside a property line, Long Island
Railroad’s Richmond Hill shop and yards, Atlantic Avenue and 121st
Street, Queens, New York, Slattery Associates, Inc. contractor.
FACTUAL FINDINGS
As a matter of clarification, the parties jointlystipulated that the work
indisputedoesnotinvolve“disposal”or“ ”asreferenced
within the Plan Appeal notice. The work in dispute is limited to the
installation of nine drainage lines running parallel to existing railroad
tracks within an existing railroad maintenance yard of the Long Island
Railroad at Richmond Hill, Queens, New York. Additionally, the dis¬
puted work includesthe installationof afifteen inch cast ironmain col¬
lection drainpipe feeding into the vertical tube coalescingseparators.
Bothpartiesofferedintosubmissionallexhibitsandpositionstatements
fromthehearingheld beforetheBoardofArbitrationoftheBuilding&
ConstructionTrades Council of GreaterNew York,March 31, 1993,at
44 West28th Street,New York,New York.In addition to this informa¬
tion the UA offered a copy of the certified transcript of the referenced
hearing as recorded by Barrister Reporting Service, Inc., 120
Broadway, New York, New York.
After review of the various arguments of the dispute. It was agreed
between the parties that the primarybasisfor ruling in this case should
betheMemorandumofAgreementbetweentheUAandLaborersdated
January 23, 1941. More specifically, the third paragraph of said
Memorandum is material to the instantdispute.
— 37 —“All the laying of clay, terra cotta, ironstone, vitrified concrete or
non-metallic pipeandthe makingof jointsfor main and sidesew¬
ers and drainage only is the work of the Laborers.”
The Laborers conclude from this language that:
“…the making of joints (therefore, the installation of all main and
side sewers and drainage, regardless of materials) is the work of
the Laborers only.Thejurisdiction over sewerand drainage work
has nothing to do with whether or not the pipe is metallic…”
The UA argues conversely that:
“…This is a plainlyunreasonable reading of the 1941 Agreement,
for it simply chooses to ignore what immediately precedes that
phrase: an explicit description of the specific types of pipe with
which Laborers may work. Local 731 made no effort to explain
why the ‘making of joints for main and side sewers and drainage
only’wouldbeexemptfromthislimitinglanguage.Infact,neither
logic nor common sense justifies such as exemption…”
OPINION AND DECISION
Article 5, Section 8, of the Plan For the Settlement of Jurisdictional
Disputes in the Construction Industry references the various criteria
which the undersigned is required to consider in rendering a decision.
Such criteria is cited in order of precedence. The January 23, 1941,
Memorandum of Agreement referenced herein is in fact:
“…anapplicableagreementbetweenthecraftsgovemingthecase…”
(Page 20 of thePlan)
TheMemorandummustthereforebethedeterminingconsiderationfor
resolutionofthe instantdispute.Inthisregard,the languageofthethird
paragraph of the Memorandum, as previously written herein, must be
properlyconstrued.
— 38 —After an arduous contemplation of the language it would seem that the
‘laving” of the pipe and the ‘‘making” of joints are meant to be separate
and distinct work tasks.
It is uncontested that the specifications of Metropolitan Transit
Authority/Long Island Railroad Contract No. 5423: Richmond Hill
Shop and Yard Improvement, require in Section 02600 that:
“…all pipe in the storm drainage system must be ASTM A-74 cast
iron, and all pipe fittings must be ASTM C-384 cast iron of bell
and spigot type, extra heavy weight.”
In consideration of the above information it is unequivocal that the pipe
at issue is metallic in nature and therefore excluded from the scope of
“laying” embraced within paragraph three of the Memorandum.
I hereby find good and sufficient reason to detennine that the installa¬
tion of pipe which is the subject of this hearing is within the jurisdiction
of the UA and should be so assigned.
Thomas G. Pagan
Arbitrator
— 39 —55.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LOCAL 282, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA
and Case 29—CD—237
ACTIVE FIRE SPRINKLER
CORP,
and
LOCAL 1, UNITED ASSOCIATION OF
JOURNEYMEN & APPRENTICES OF THE
PLUMBING & PIPE FITTING INDUSTRY
OF THE UNITED STATES & CANADA, AFL-CIO
and
LOCAL 918, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA
DECISION AND DETERMINATION OF DISPUTE
This is a proceeding pursuant to Section 10(k) of the National Labor
Relations Act, as amended, following a charge filed by Active Fire
Sprinkler Corp., herein called the Employer or Active, alleging that
Local 282, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, herein called Local 282, vio¬
lated Section 8(B)(4)(D) of the Act by engaging in certain proscribed
activity with an object of forcing or requiring the Employer to assign
certain work to employees represented by Local 282 rather than to
employees representedby Local 1,UnitedAssociationof Journeymen
& Apprentices of the Plumbing & Pipe Fitting Industry of the United
— 40 —States and Canada, AFL-CIO, herein called Local 1, and Local 918,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, herein called Local 918.
Pursuant to notice, ahearingwas held beforeHearing Officer Steven
Davis on August 3 and 23, 1977, in Brooklyn, New York. All parties
appeared and were afforded full opportunity to be heard, toexamine
and cross-examine witnesses, and to adduce evidence bearing on the
issues. Thereafter, Local 1 and Local 282 filed briefs.
Pursuant to the provisions of Section 3(b) of the National Labor
RelationsAct,asamended,theNationalLaborRelationsBoardhasdel¬
egated its authority in this proceeding to a three-member panel.
The Board has reviewed the rulings of the Hearing Officer made at
the hearing and finds that they are free from prejudicial error. The rul¬
ings are hereby affirmed. The Board has considered the briefs and the
entire record in this case and hereby makes the following findings:
DETERMINATION OF DISPUTE
PursuanttoSection10(k)oftheNationalLaborRelationsAct,asamend¬
ed, and upon the basis of the foregoing findings and the entire record in
the proceeding,theNationalLaborRelationsBoard herebymakesthefol¬
lowing Determination of Dispute:
1. EmployeesemployedbyActiveFireSprinklerCorp.,whoarerepre¬
sented by Local 1, United Association of Journeymen & Apprentices of
the Plumbing & Pipe Fitting Industry of the United States & Canada,
AFL-CIO,areentitledto performtheworkoftransportingbyjeeporjeeptruck, employees, equipment, and materials between points at the U.S.
Postal Service Mail Handling Facility under construction at Kennedy
Airport, Jamaica, NewYork.
2. EmployeesemployedbyActiveFireSprinklerCorp.,whoarerepresentedbyLocal918,IntemationalBrotherhoodofTeamsters,Chauffeurs,
Warehousemenand HelpersofAmerica, areentitledto perform thework
of delivering materials by truck from Active’s shop to the U.S. Postal
Service Mail Handling Facility under construction at Kennedy Airport,
Jamaica,NewYork,andthemakingofsingleormultipledeliveriestherein.
3. Local 282, International Brotherhood of Teamsters, Chauffeur’s,
Warehousemen and Helpers of America, is not entitled, by meanspro-
— 41 —scribed by Section 8(BX4XD) of the Act, to force or require Active Fire
Sprinkler Corp, to assign any such disputed work to employees who are
represented by the labor organization.
4. Within 10 days from the date of this Decision and Determination of
Dispute, Local 282, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, shall notify the Regional
Director for Region 29, in writing, whether it will refrain from forcing or
requiring the Employer, by means proscribed in Section 8(bX4XD) of the
Act, to assign the disputed work in a manner inconsistent with the above
determination.
Dated, Washington, D.C. December 14, 1977
John H. Fanning, Chairman
John A. Penello, Member
Betty Southard Murphy, Member
NATIONAL LABOR RELATIONS BOARD
— 42 —56.
Agreement
between the
UNITED BROTHERHOOD of
CARPENTERS and JOINERS
of AMERICA
and the
UNITED ASSOCIATION of JOURNEYMEN
and APPRENTICES of the PLUMBING and
PIPE FITTING INDUSTRY of the
UNITED STATES and CANADA
SHEET LEAD
— 43—Agreement
May 3, 1967
SHEET LEAD
1. Installation of sheet lead direct to walls, ceilings and floors shall be
the work of the UnitedAssociation.
2. Boarding of sheet lead to building construction material on the
jobsite prior to installation shall be the work of the United
Association.
3. Installationof sheet leadincludingcuttingandfittingondoors,door
and window frames shall be the work of the Carpenters.
4. Installation of all building construction material bonded or
laminated to sheet lead shall be performed by the Carpenters.
5. All cutting and fittingof buildingconstructionmaterial prior to
bonding or laminating shall be performed by the Carpenters.
6. All cutting andfitting of sheet lead prior to bonding or laminating
shall be performed by the United Association.
Forthe UnitedBrotherhood
Carpenters and Joineirf
America
For the United Association of
Journeymen and Apprenticefthe
Plumbing and Pipe Fitting Industry
oftheUnitedStatesandCanada
— 44 —57.
Agreement
between the
UNITED BROTHERHOOD of
CARPENTERS and JOINERS
of AMERICA
and the
UNITED ASSOCIATION of JOURNEYMEN
and APPRENTICES of the PLUMBING and
PIPE FITTING INDUSTRY of the
UNITED STATES and CANADA
BACKING AND ACCESSORIES
— 45 —Agreement
June 29, 1965
BACKING AND ACCESSORIES
BACKING
I. The installation of all backing for plumbing fixtures and their ac¬
cessories not affecting the structures shall be the work of the United
Association.
2. Cutting and chasing which does not affect the structure shall be
the work of the United Association.
3. The installation of all backing for plumbing fixtures and their ac¬
cessories which affects the structure shall be the work of the
Carpenters.
4. Cutting and chasing which affects the structure shall be the work of
the Carpenters.
ACCESSORIES
1. Accessories which are directly related to plumbing fixtures such as
grab bars, paper holders, towel racks and bars, utility shelves, sani¬
tary paper holders,glass,cup.soapholders,soapdispensers,sanitary
napkin dispensers and disposals, combination towel dispenser and
disposals, shall be the work of the United Association.
2. Accessories which are not directly related to plumbing fixturessuch
as laundry chutes, hampers, clothes hooks and lines, medicine
cabinets, magazine racks, storage cabinets, cabinet shelves shall be
the work of the Carpenters.
For the United Association of
For the United Brotherhoodof Journeymen and Apprentices of the
Carpenters and Joiners of Plumbing and Pipe Fitting Industry
America of the United States and Canada
— 46 —7
Agreement
between the
UNITED BROTHERHOOD of
CARPENTERS and JOINERS
of AMERICA
and the
UNITED ASSOCIATION of JOURNEYMEN
and APPRENTICES of the PLUMBING and
PIPE FITTING INDUSTRY of the
UNITED STATES and CANADA
SLUICE GATES
— 4June 17, 1968
Agreement
SLUICE GATES
Whenever the term “sluice gates” is referred to on sewage treatment
plants, water treatment plants, power houses, flood control projects
and jobsofasimilar nature,thesegates, includingthewallthimbleor
sleeve operating stem, stem guide, operating mechanism, etc., and
whether or not they have piping formations attached to them, such
gates will be received, un loaded, handled, stored, assembled,
leveled, aligned and adjusted by a composite crew consisting of
equal number of Millwrights and Pipefitters. Where an electric! limit
torque isused as theoperating mechanism, such electric limit torque
shall beset, levered, aligned and adjusted by Millwrights.
For the United Brotherhood of
Carpenters and Joiners of
America
For the United Association of
Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry
of the United States and Canada
— 48 —Feeafed IMl
Untied Anoclatlon ol Journeymen and Apprentices of the Plumbing and Pipe FHtlnQ Industry
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July 6, 1993
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Hr. Harvin J. Boede
General President
United Association
901 Massachusetts Avenue, MW
Washington, DC 20001
REt Assignment dated 5/13/93. L-200 ve L-636
Juris. Pro). Co-generat, Ion plant – Holtsville, L.I.
Dear Sir and Brothen
On June 15, 1993, I arranged a seating with the Business Managers and
Agents of the effected locale involved tn the above referenced dispute.
Local 200 Business Manager Lister stated that hie dispute In regard to
the waste vater piping had been resolved, Regarding the gas piping.
Local 200 disputed the aseignsent of gas piping and equipment from the
inlet side of the gas compreaeor to the flov control valves on the fuel
gao ekid.
Local 638 claimed jurisdiction from the dovn-atreaa side of the first
regulator valve. Ky decision la that the gas cospreeeor and related
piping equipment. including ignition lines are clarified in the 1914
tradeiline agreement. I refer you to the next to last paragraph which
refers to previously rendered decisions of the B.T.E.A., specifically,
decision 199-A of the 1950 hand book.
I also wish to refer you to previous decisions rendered by General
Organiser John Regan, dated 6/28/54, 1/29/62, 2/5/62. 11/26/62, also,
the appeal by Local 638, dated 5/31/62, and the denial of appeal by
General President Schoeaann , dated 8/2/62i all of which serves aa a
guide for o« in ruling in favor of LocsAHOO.
To further guide and assist in clarification for the prevention of
additional redundant disputes of the gas piping jurisdiction, the
plumber shall install all natural gas lines and related equipment to
fuel boilers up to and Including the last flow control regulator prior
to entry to the combustion chamber.
Part -B- of thia assignment deals with raw water and service piping.
It has been ascertained that on this particular project, the raw
vater and the service piping are one and the same.
In remaining consistent with all previous decisions of record in this
area, the plumbers shall Install all vatefrmaln lines that service
fixtures or equipment that they install.
Plumbers shall leave suitable outldte in the vater main supply system
for the steanfitter sake-up supply water lines. Preponderance of
water usage volume shall not alter the jdaledlational validity of
this policy.
Unless otherwise advised, I will consider these disputes resolved.
Fraternally yours.
International Representative
—49—Fabrication that pertains to gas work shall not be signed off by a signatory
contractor unless the fabricated work in question has been performed by a
member of UA Plumbers Local Union No. 1 (Does not apply to gas trains).
( c )
ARTICLE 14
Pipe Cutting and Fabrication
59. ALL PIPE TO BE HANDLED, CUT, THREADED, JOINED,
FABRICATED, ETC. AND INSTALLED BY JOURNEYMEN AND
APPRENTICES;
(a). All piping pertaining to plumbing including plain end I.P.S. sleeves
shall be handled, cut, threaded, joined, fabricated, etc. and installed by
Local No. 1 Journeymen and Apprentices covered by this Agreement.
(b). Any Employer who becomes aware during the bidding process that the
owner, general contractor or construction manager will cause plumbing
work to be fabricated off site will notify Local Union No. I prior to
signing a contract.
60. MATERIALS, TOOLS, PIPE MACHINES AND EQUIPMENT
PROVISIONS: All materials, tools, pipe machines and equipment shall be
permitted in “the area” covered by this Agreement, provided the materials, tools,
pipe and equipment machines are in compliance with City, State and Federal codes
and safety and health regulations. A Joint Committee will be appointed to review
all new materials, tools, pipe machines and equipment.
61. REGULATIONS FOR CUTTING, JOINING AND FABRICATING: Pipe
may be cut, joined or fabricated on the job, on the site or at the permanent pipe
shop of the Employer or on another of its jobs by Journeymen plumbers
represented by the Local Union which has jurisdiction in the territory where the
pipe is to be installed. When pipe is cut off the job site, the Employer who has
contracted to do the work must first obtain labels for the pipe from the Local
Union with jurisdiction where the pipe is to be installed and the labels shall be
attached to the pipe or formation. Labels must show the Journeyman’s name
performing the work, card number and the address of the shop or job where the
work was performed. The Employer who obtains labels from the Local Union will
be held accountable to the Local Union for such labels. Pipe as described herein
shall not be installed unless it is properly labeled. A standard form is to
— 50 —A.
64A. WELDING STIPEND: For any Journeyman who qualifies or requalifies for
for gas pipe welding certification at the Joint Apprentice Training Facility, the
current employer will pay the Journeyman for (4) hours wage only, at the wage
rate of the date of the exam.
be furnished by Plumbers Local Union No. 1 and be available to all Employers.
The completed form shall provide a description of the work to be done.
Sketches may be required on extensive fabrication work. The form shall be
filled out and signed by the Employer that is requesting the labels. A copy is to
be sent promptly to the office of Plumbers Local Union No. 1. When pipe is
being fabricated in a contractor’s shop there must be a Journeyman and
Apprentice during the cutting, threading or other operations.
61 REGULATIONS ON CUTTING-PUBLIC WORKS: On public works
jobs with a plumbing contract value of one million dollars ($1,000,000) or less, full
length pipes (20′ or 21′) with diameter of two and one half inches (2 ^”) or larger
may be cut in half and both ends prepared by manufacturers and/or supply houses
notwithstanding the provisions of paragraph 61. This paragraph shall be reviewed
every twelve (12) months.
62. Nl PPLES,LENGTH AND DIAMETER – “FLEXIBLE” CONNECTORS,
LENGTH: Nipples shall not be over six inches (6″) long, except when the
nipple is two and one half inches (2 !4″) and up in diameter , the nipple may be
twelve inches (12″) long. The permissible length of “Flexible ” connectors will be
limited to thirty-six inches (36″) for gas connectors and twelve inches (12″) for water
systems. Also included in the twelve inch (12″) limitation will be the use of
prepressed caps(bullets).
63. CUTTING AND/OR CORING OF HOLES AND OPENINGS FOR
PLUMBING LINES AND EQUIPMENT: The cutting and/or coring of holes
and openings for plumbing lines and equipment shall be performed by Plumbers
Local Union No. 1 personnel. This work, if subcontracted, shall be to an Employer
signed to this Agreement employing Local Union No. 1 personnel.
64. WELDING AND/OR BURNING: Welding and/or burning pertaining to
plumbing or any other work controlled by the Union shall be done on the job or
in the shop by Journeymen members of Local Union No. 1. Whenever a
Journeyman working with an Apprentice is welding and/or burning galvanized
pipe or stainless steel or any other pipe that gives office “poisonous ” gases, the
Employer shall furnish one (1) quart of milk in the morning and one (1) quart in
the afternoon per person for prevention of “poisoning A Journeyman, when
welding, brazing and/or burning shall not work alone. All Employees performing
the above work must possess a Certificate of Fitness and/or Fire Watch
Certificate.
-51-ARTICLE 15
Stewards
65. STEWARDS-APPOINTMENT AND OTHER PROVISIONS: A qualified
Steward shall be employed and appointed on all new construction and complete
gut alteration jobs where more than four (4) Employees are employed at plumbing
work. He/she shall come from the union hall and be appointed by the Business
Agent in the area or at the discretion of the Business Agent; the Steward may be
selected from among the Employees on the job. In the case of alteration jobs, the
Steward shall be selected from among the Employees on the job. A Steward shall
be a competent working Journeyman plumber and shall work with his /her tools as
a productive Employee. A Steward shall be paid at the same rate as other
Journeymen on the job, and shall be subject to the same rules and conditions by
the Employer as other Journeymen. A Steward shall not lose time when other
Journeymen plumbers are working, excluding the Foreman. A Steward cannot be
removed by the Employer unless he/she is in violation of the Agreement or for
incompetency. When a job is phasing down, a Steward will not be required when
there are less than four (4) Employees on the job. If or when a starts up again, the
steward shall be re-employed. If the Steward is not available, then another Steward
will be appointed
66. STEWARDS FUNCTION: The function of a Steward is that he/she shall
notify the Business Agent when a dispute arises on the job according to the
Trade Agreement. The Steward cannot call for a work stoppage or strike. A
project shall be considered one (l)job. A Steward cannot become a Foreman
or Deputy Foreman on a job where he/she is serving as a Steward.
67. STEWARDS DUTIES: The Steward shall have reasonable time to inspect
shanties, and look after sanitary and safety conditions; see that they are
lived up to in strict accordance with the Collective Bargaining Agreement,
etc. as well as jurisdictional questions; and he/she shall report all such
violations to the Business Agent.
-52-68. STEWARDS -REPLACEMENT: If a complaint is made against the Steward
by the Employer, it shall be made to the Business Agent in the area and a
meeting shall take place between the Employer and the Business Agent within
forty-eight (48) hours of receipt of the complaint. If no meeting occurs or the
situation cannot be resolved at the meeting , the matter shall be referred to the
arbitration procedures set forth in Paragraph 94, except that the Executive
Committee hearing shall occur within three (3) business days. If there is an
impasse at the Executive Committee hearing, the Steward shall be replaced
with a ” temporary Steward” who shall be selected by the Business Agent
from among the Employees on the job. The replaced Steward shall remain on
the job as a “regular” Journeyman and is then subject to all obligations,
responsibilities and protections as other Employees. If, at the conclusion of the
arbitration process, it is determined that the replacement of the Steward was
justified, the Business Agent may appoint a permanent replacement Steward
from the hall or appoint the “temporary Steward” as the permanent
replacement. However if the dispute arises on an alteration job, the
replacemment Steward shall be selected from the Employees on the job.
69. STEWARDS – SPECIFIC ASSIGNMENT TO JOB OR SHOR If, after a
hearing by the Executive Committee and/or the Joint Arbitration Committee , an
Employer is found to have violated a major regulation of the Collective
Bargaining Agreement and the decision of the Committee is to place a Steward
on the job and/or in the shop of such Employer, then the Union shall appoint the
required Steward regardless of the number of Employees employed on the job
or in the shop.
70. SUPERINTENDENT: Superintendents shall not handle tools. A superintendent
need not be a member of the Union. If a superintendent is a member of the
Union, he /she may and the Employer also may give instructions to anyone on
the job. A superintendent, if a member of the Union, shall receive a minimum
of four ($4.00) per hour above the Journeyman rate of pay. If the
superintendent is not a member of the Union he/she shall give instructions only
to the Foreman on the job.
-53-ARTICLE 16
Layoff or Discharge
71. LAYOFF OR DISCHARGE – BAD WEATHER PROVISIONS –
PAYMENT OF WAGES -TERMINATION OF EMPLOYMENT SLIPSFOREMAN AND STEWARD PROVISION GENERAL
REGULATIONS : When Employees are laid off or discharged; they must be
paid wages due them at the time of layoff or discharge. An Employee
employed for a period of one (1) week or more shall not be laid off before the
end of the day. Employees shall be given wages at least one-half hour before
being laid off or discharged, and shall receive no less than (4) hours pay for the
day on which the layoff or discharge takes place. Electronic layoff pay is allowed
but only if funds are transferred into a person’s account by end of day in which
layoff occurs. Termination of employment slips must be furnished to the
Employee when he/she is laid off or discharged. Employees leaving for vacation
must be informed of their probable employment status upon their return. If the
Employer feels that there will be no work available when an Employee returns,
the Employee- whether Journeyman or Apprentice- must be given a layoff slip
and paid up to date.
When a job is shut down for safety concerns, including pending weather events,
by a government directive or by a General Contractor(GC)/Construction
Manager(CM), an Owner/Developer the Employee shall be paid “show-up
expense” if not notified before coming to work the night before by
6pm(Contractor may contact labor via means set-up and agreeable with job’s
foreman.). This provision shall only apply if job is closed down completely (no
trades people on site except for persons preforming job safety related functions. If
an Employee works for the entire morning and starts to work after the lunch period
and is then instructed to stop work by the Employer or the Employer’s
representative such Employee shall be paid a full day’s pay. Employees who
cannot start work or who must stop work due to but not limited to lack of material
bad weather or any condition imposed by the GC/CM, without having completed
the first four (4) hours shall be paid four 4 (hours) pay and if work ends after four
(4) the Employee shall be paid for the entire day. When an Employee decides to
stop work due to weather conditions, he/she shall be paid to the end of the hour.
Employees who have not been permitted to start work due to shall not stay in the
“Shanty” or on the job.
Employees who have not been permitted to start work should leave the
premises. The Foreman on the job is excluded from his provision.
-54-ARTICLE 17
UnionSecurity
72. UNION MEMBERSHIP – A CONDITION OF EMPLOYMENT: All members
of the Union employed by the members of the Association and by the
Employers who agree to be bound by this Agreement shall remain members in
good standing in the Union during the life of the Agreement or any renewal or
extension thereof as a condition of employment. All Employees thereafter
employed must become members of the Union after seven (7) days and
remain members in good standing in the Union as a condition of employment
for the period or periods mentioned above.
73. UNION SECURITY – IN ACCORDANCE WITH LAW: In the event that
during the term of this Agreement there is a change in the law which will
permit a greater degree of Union security to the Union, such Union security
as provided above shall be modified so as to provide the maximum degree
of Union security permitted by such change in the law.
74. GREEN CARDS: The Union shall issue a Green Card to an Employer for each
new construction or plumbing alteration job performed by such Employer in
excess of $75,000. No Employees shall commence or continue working on a
job unless a Green Card for such job has been issued, is posted on the job and
is in effect. If any Employer requests another Green Card for a specific job on
which a Green Card has already been issued, the Union shall not issue such
other Green Card without first consulting with the Employer to whom the
original Green Card was issued to ascertain if Employee Wages and Fringe
Benefit payments are up to date.
-55-ARTICLE 18
Regulation ©Employment
75. EMPLOYEES QN QNE PAYROLL QNLY : A Journeyman or Apprentice
shall not be on more than one payroll at any one time.
76. EMPLOYMENT PROHIBITIONS – SELF-EMPLOYED – FOR OTHER
THAN A LICENSED PLUMBER, ETC.: A Journeyman or Apprentice shall
not perform plumbing work during or after the regular working hours of this
Agreement, either as self-employed or for a licensed or unlicensed contractor or
any other Employer who is not signatory to this Agreement.
77. WHEN A JOURNEYMAN BECOMES A LICENSED PLUMBER –
REGULATIONS: A Journeyman who becomes a Master Plumber or Licensed
Plumber and legitimately enters into business as an employing plumber shall,
for a period of one (1) year be permitted to handle tools , do mechanical work or
install work within the jurisdiction of this Agreement. After the one (1) year period,
to continue as an employing plumber, he/she shall not be permitted to work with
the tools of the trade.
78A. SUBLETTING OF WORK – INSTALLATION OF SEWERS, WATER
MAINS AND SITE SOIL DRAINS: The Licensed Plumbing Contractor and
Journeymen agree not to sublet or contract for the labor for any work coming
under the jurisdiction of this Local Union except on jobs where the underground
piping for water supply, sanitary purposes, gas supply, or any other piping pertaining
to plumbing which is under the jurisdiction of the United Association , is
contained in the plumbing contract. Such work can be sublet to another licensed
plumbing contractor who is under Agreement with Local No. 1. It is understood that
when this is done the Union shall be notified. No Plumbing work is to be
-56-performed on any job until sewer and water mains and all site soil drains have
been installed or are to be installed by qualified Journeymen or Apprentices under
the terms of this Agreement employed by a licensed plumbing contractor. The
installations are to be done as promptly as possible. If there is any deviation or
question in connection with this matter, the Business Agent is to be notified by the
plumbing contractor. Local No. 1 reserves the right to refuse to handle, install or
connect any plumbing material or equipment that is included in the jurisdiction of
Local No. I which has been manufactured or prefabricated on or off site or installed
in violation of Local No. 1 ‘ s jurisdiction as specified in this Agreement provided
such refusal does not violate any applicable law.
78B. SUBLETTING OF PLUMBING WORK TO INCLUDE ENGINEERING AND
COORDINATION OF DRAWING No signatory contractor shall sublet to non¬
signatory firm. All signatory contractors are permitted to use non-signatory
engineering and drafting companies.
79. NO LIMITATION OF WORK – NO RESTRICTIONS : No limitation shall
be imposed by the Union or the Employer with respect to the amount of work to be
performed by any Journeyman or Apprentice. The Union shall not issue any
instructions or promulgate any rules , or take any actions which will in any way
restrict or interfere with the Employer’s control of its Employees, except as
otherwise specified or provided in this Agreement.
ARTICLE 19
More-Than-One-Employee-Operation
80. HEALTH AND SAFETY OF EMPLOYEES OF PRIMARY
IMPORTANCE: The health and safety of the Employees is of prime
importance. Therefore, it is understood that no Employee can be expected to
work beyond his/ her capacity, nor shall he/she be expected to work in
dangerous or unsafe areas by himself /herself, nor shall he/she be expected to
handle and/or install large size pipe or equipment without the proper assistance
and proper equipment. No Journeyman or Apprentice shall be discriminated
against in any manner because of his /her request for proper assistance. The
Employer and all members of the Union agree to abide by the Federal OSHA
requirements for the health and safety of everyone.
-57-81. TWO (2)-PERSON TRADE: Employees shall be employed in equal numbers
including Apprentices within the scope of the ratio set up by the Joint Apprentice
Committee. A working Foreman is to be included in the even numbers, non¬
working Foreman not part of the even numbers. A two (2) person job will be
allowed an Apprentice in addition to the two (2) people provided it is within the
job ratio, except one, two and three family houses and jobs deemed as
commercial alterations where a Building Trades Journeyman and a Building
Trades Apprentice shall be permitted to work as a team at the prevailing rate.
82. OPERATIONS OF ONE (l)-EMPLOYEE TYPE : Among the operations that
are to be considered of the “one- employee” type, the following will be included:
installation of bathroom accessories such as paper holders, toothbrush holders,
towel bars, hampers, curtain tie racks, grab rails, glass holders, mirrors,
medicine cabinets, soap holder s, soap dispensers, soap tanks, etc. and piping in
connection therewith , etc., plumbing fixture trim such as handles, escutcheons,
seats, etc., flushometers, faucets, sink wastes, shower heads, lavatory fittings,
traps, wastes, water supply lines, etc. The term “water supply lines ” shall be
construed as the pipe from the wall fittings and supply fixtures, and shall not be
interpreted to mean pipe which is more than three (3 ft.) from the fixture to
which such pipe will be connected or any pipe which is over one inch (1 ”) in
diameter. The installation of floor flanges, water closets, lavatories and sinks
or other plumbing fixtures or appliances which do not weigh more than
forty pounds (40 lbs.) or measure more than (24″ x 24″) shall be a oneemployee operation. The above partial listing shall not be considered as all
inclusive. This provision must be construed in a liberal and practical manner. On
certain operations more than one plumber will be required, such as working on
scaffolds or places that might be unsafe or which are impossible for one
Employee to handle. In the event of any dispute as to what might constitute
more than a one-employee operation; the following procedure is to be used:
(a) The complainant shall be the Steward on the job.
(b) The Steward must immediately notify the Business Agent of the nature
of the complaint.
(c) If the Business Agent and the Employer cannot agree on a settlement, then the
matter will be referred to the Arbitration Procedures outline in this Agreement
at Paragraph 94.
-58-ARTICLE20
Quality of Workmanship
83. COMPLIANCE WITH CODES: All parties agree that the quality of
workmanship shall be pursuant to and comply with all provisions of the code,
rules, regulations and specifications of the City government, State government,
State government, Federal government or agency having jurisdiction of that
particular job.
84. ALL WORK TO BE THOROUGH: All work shall be executed in a thorough
and workmanlike manner. An Employer who shall discharge a Journeyman or
Apprentice for performing his/her duties in compliance with the Plumbing
Codes of any jurisdiction covered by this Agreement shall be deemed to have
violated this Agreement and shall be subject to charges and discipline by the
Joint Arbitration Committee.
85. TESTS TO BE WITNESSED: The Union reserves the right to have its
Representatives witness all tests required by the Plumbing Codes. All tests must
be “water tight” before the Business Agent is called. A Foreman shall notify the
Local Union twenty-four (24) hours in advance for requested testing.
ARTICLE 21
Tools and Equipment
86. TOOLS TO BE FURNISHED: The Employer is to furnish all tools and
equipment necessary to make a complete plumbing and piping installation and no
Employee is to furnish any tools except the rule. All tools and equipment
(scaffolds, ladder, etc.) shall at least meet the standards set by the Occupational
Safety and Health Act and the Safety Division of the New York State Department
of Labor and the Joint Arbitration Committee.
87. RECORD KEEPING OF TOOLS: The Employer may keep a record of its
tools to guard against loss. A Journeyman who receives tools from the employer
and for which a receipt is given to the Employer, shall be responsible for such
tools lost. The Union will require Journeymen to replace or pay for lost or
missing tools furnished by the Employer and for which the latter holds a receipt
from his/her Journeyman. Responsibility rests with the Journeyman during
working hours only.
-59-CLOTHING DAMAGE OR LOSS : In the event that an Employee’s working clothes,
including shoes and rules, are seriously damaged by fire, water, theft, chemicals or any other
means during working hours or any other hours, the Employer shall compensate the Journeyman
or Apprentice for the replacement of these articles upon presentation of a receipt for
reimbursement and an incident report acceptable by the Employer but in no event shall the
amount for replacement exceed six hundred dollars ($600.00). In the event personal property,
including street or dress clothes of the Employee are lost or damaged due to fire, theft or water
during working hours, the amount of damages for each Employee shall be ordinarily limited to
six hundred dollars ($600.00). The Employer shall compensate the Journeyman or Apprentice
for the replacement of these articles upon presentation of a receipt for reimbursement with a
police report or incident report acceptable by the Employer.
88. IDENTIFICATION TAGS : If the Employers’ identification tags or other
means of identification are used, they shall be issued and returned within the work
day.
ARTICLE 22
Miscellaneous Regulations
89. USE QF QWN VEHICLE PROHIBITION; A Foreman, Journeyman or
Apprentice shall not use his/her own vehicle during working hours unless
compensated by the Employer.
90.
-60-PART THREE
Joint Plumbing Industry Board- Arbitration ProcedureInterpretation of Agreement – Job Target/Market
Recovery Program and Commercial Alteration Work –
Contract Termination
-61-ARTICLE 23
Joint Plumbing Industry Board
91. COMPOSITIONOF BOARD: There is a Joint Plumbing Industry
Board in the jurisdiction of Local Union No. 1 which consists of an
equal number of union representatives and bonafide established
contractors who employ Journeymen and Apprentices within the
jurisdiction of Local Union No.l or others as permitted by Trust
Agreement. The Employer agrees to be bound by the provisions of the
Trust Agreements pertaining to Pension, (including The Plumbers and
Pipefitters National Pension Fund) Plumbers Local Union No. 1
Welfare, Plumbers Local Union No. 1 Trade Education, Plumbers Local
Union No. 1 401(k) Savings Plan and any other established funds and
the rules and regulations of such funds and Trust Agreements
pertaining to The Joint Plumbing Industry Board and the rules and
regulations thereof and Amendments thereto by incorporated minutes.
Where Management Trustees are to be appointed, they shall be appointed
by the Association. Where Labor Trustees are to be appointed, they shall
be appointed by the Union.
92. BOARD TO RECEIVE FRINGE BENEFITS PAYMENT:The
Joint Plumbing Industry Board shall continue to receive , beginning
with the effective date of this Agreement, from each Employer, for
Journeymen and Apprentices all Fringe and Supplemental Benefits
and Contributions mentioned in this Agreement (with the exception of
the Plumbers and Pipefitters National Pension Fund and International
Training Fund), for the cost of its administration, Welfare Fund,
Additional Security Benefit Fund and any other benefits which may be
provided. The Joint Plumbing Industry Board shall have the right to
proceed directly to collect all fringe benefits and contributions in an
action in Federal and State court without first resorting to any
arbitration procedure under this contract.
93. FUNDS – ADDITIONAL COVERAGE OF: All Union Officials of
Local Union No. 1, U.A. (Union Officials are generally known as
“weekly salaried officers”), including the Administrator of the Joint
Plumbing Industry Board, shall be entitled to the same coverage as
-62-94.
Journeymen and Apprentices provided their employer (Local Union No.
1 and the Joint Plumbing Industry Board, as the case may be) make
payments for such persons to the Joint Plumbing Industry Board at the
rate herein prescribed.
ARTICLE 24
Arbitration Procedure
NO WORK STOPPAGE OR LOCKOUT : There shall be no work
stoppage or lockouts for any reason whatsoever except as specifically
provided for in this Agreement. In the event of a work stoppage or
lockout which either the Claimant or the Defendant claims to be a
breach of this Agreement, either may request that the dispute be
submitted to an immediate arbitration. In such case, the Union shall
designate two (2) Arbitrators and the Association shall designate two
(2) Arbitrators. The Arbitrators shall immediately hold hearings and
render an award within seventy-two (72) hours of the request, the award
to be final, binding and conclusive. If the Arbitrators are deadlocked by
failure to have a majority support for a decision , then the Association or
the Union may request that the dispute be submitted to immediate
arbitration by the American Arbitration Association or other Arbitrator
agreed to by the Union and the Association. The American Arbitration
Association shall immediately appoint a single Arbitrator without
submission of a panel of Arbitrators to the parties, and the Arbitrator
shall immediately hold hearings and shall immediately render his/her
award. No Employer or individual Union member shall have the right to
this immediate arbitration by the American Arbitration Association or
other Arbitrator agreed to by the Union and the Association unless
requested by the Association or the Union. If neither the Union nor the
Association requests this immediate arbitration by the American
Arbitration Association or other Arbitrator agreed to by the Union and
the Association, then the Arbitration shall be submitted to the Join
Arbitration Committee and proceed as provided in Paragraph 94.
-63-95. COMPLAINTS TO BE HEARD WITHIN 10 BUSINESS DAYS:
a). All disputes and controversies arising out of and under this Agreement
or related thereto shall be settled by arbitration as provided herein with
proper speed. The peaceable resolution of all disputes is of the essence.
There shall be a Joint Arbitration Committee (hereinafter “Full
Committee”) of not less than six (6) or more than ten (10) members with an
equal number appointed by the Union and the Association. The Full
Committee shall make its own rules and formulate its own procedure, not
otherwise contrary to the provisions herein. The Full Committee shall
designate a person to receive complaints and/or disputes. All complaints
and/or disputes shall be submitted in writing to the person so designated by
the Full Committee. All complaints shall first be heard and arbitrated by
an Executive Committee within twenty (20) business days unless a shorter
period is requested by the complainant after such complaints and/or
disputes are presented in writing to the person designated by the Full
Committee to receive them. The Executive Committee shall be composed
of two (2) Arbitrators, one (1) Arbitrator being a representative appointed
by the Union and the other Arbitrator being a representative appointed by
the Association. Neither representative shall be the complainant nor the
defendant. The Executive Committee shall hear a case and settle it. The
complainant and the defendant may present their case to the Executive
Committee. If the complainant or defendant or both or one of the
Arbitrators do not appear at the hearing, a decision may be rendered in their
absence provided all parties and the Arbitrators have been given five (5)
days written notice of the hearing by regular mail and express delivery,
telefax or email. If the Arbitrators cannot agree, then the case must be
brought to the Full Committee. If one (1) Arbitrator does not appear, that
Arbitrator can bring the case to the Full Committee if such referral is made
within three (3) days after a decision. The complainant or defendant shall
have no right to bring the case to the Full Committee if the Arbitrators agree
on a decision. If the Arbitrators agree on a decision, that decision shall be
-64-final. If the Arbitrators do not decide the case within ten (10) business days, either the
complainant or defendant may bring the case to the Full Committee. The Full
Committee shall hear and decide the case within twenty (20) days of the date the
Arbitrators cannot agree on the case. If the complaint and/or dispute is not resolved
within the time limit by the Full Committee, then either the complainant or defendant
may request final arbitration by a neutral third party Arbitrator. Within five (5) days
from the failure of the Full Committee to resolve the complaint and/or dispute, the
Association and the Union shall agree upon the appointment of a neutral third party
Arbitrator from the American Arbitration Association of New York City or other
Arbitrator agreed to by the Union and the Association. If the Association and Union do
not agree then the American Arbitration Association of New York City shall designate
the neutral third party Arbitrator. The Arbitrator shall immediately hold hearings and
render the award with dispatch, the award to be final, binding and conclusive. No
Arbitrator designated under this Agreement shall have the right to alter, modify or
amend it. All final awards shall be in writing signed by the Arbitrator as representing the
agreed award and shall be enforceable in Federal and State Court under the applicable
law. If during the arbitration procedure described herein, a work stoppage or lockout
occurs or continues, then either the Union or Association shall have the immediate right
to terminate the herein arbitration procedure and invoke the immediate arbitration
procedure described in Paragraph 94. NO WORK STOPPAGE OR LOCKOUT. The
Arbitrators, whether Executive Committee, Full Committee or other Arbitrators, shall
have the authority to award money damages and payments including interest and
penalties, impose a special job or shop Steward or other remedy or relief. Whenever it is
not possible or practical to identify particular Employees who have suffered a financial
loss due to an Employer’s breach of this agreement, the parties may agree, or an
Arbitrator(s) may so order, that any payment due as a result of the Employer’s breach be
paid to the Trade Education Fund and/or the Welfare Fund.
b). The defendant shall be liable for any damages, back pay/fringes, fines, penalties or
other awards only up to a maximum period of two (2) years immediately preceding the
filing of the complaint pursuant to Sub- paragraph (a).
-65-96. COST OF ARBITRATION: The Arbitrator (Arbitrators) may assess the
cost of the arbitration against any party or may allocate the cost in any
manner deemed to be appropriate at the discretion of the Joint Arbitration
Committee.
97. JURISDICTION DISPUTES: There shall be no strikes or lockouts or
stoppage of work as relate to disputes between trades, and disputes relative
to questions of jurisdiction of trades shall be adjusted in accordance with
the principles of the New York Plan for the settlement of jurisdictional
disputes as set forth in the Joint Arbitration Plan of the New York Building
Trades as adopted on July 9th 19\03 and amended on April 22nd, 1905 and as
thereafter amended and all decisions rendered there under determining
disputes arising out of the conflicting jurisdiction claims of various
trades shall be recognized by and be binding upon the parties hereto ,
except to the extent that Section 3 of the said Joint Arbitration Plan requires
the Employer to employ only members of the Union directly or
indirectly, through subcontractors orotherwise.
98. ADMINISTRATION OF THE VARIOUS TRUSTS SO LONG AS
FUNDS ARE AVAILABLE: The administration of the various trusts
hereto established for the benefit of the Employees including the
continuation of the payment of benefits so long as funds are available,
shall not be affected by the fact that the parties are unable to reach a new
agreement at the termination of this Agreement and a strike or lockout
takes place. Furthermore, any dispute arising between the Trustees
designated by the parties hereto during such period shall be resolved by
arbitration. There shall be provided in such Trust Indentures, in addition
to the regular arbitration procedure, a provision for the expeditious
handling for such disputes by arbitration during such periods, namely that
the American Arbitration Association shall immediately appoint a single
Arbitrator at the request of any party without submission of a panel of
Arbitrators to the parties , and the Arbitrator shall immediately hold
hearings and shall immediately render his/her award.
-66-ARTICLE 25
Interpretation of Agreement
99. NO OTHER CONTRACTS TO BE MADE: No contracts or
understandings inconsistent with or contrary to the terms of this
Agreement shall be made between the Association or Employers
covered by this Agreement and the Union either as individuals or
groups.
100. NO OTHER AGREEMENTS EXIST : No other understanding or
agreements exist between the parties hereto or their members, or any
other Employer covered by this Agreement and this Agreement
contains the complete understanding between and among them. All
prior agreements and understandings, oral or written, shall terminate
upon the taking effect of and shall be superseded by this Agreement.
Any conduct or practice by the Union or an Employer contrary to the
terms of this Agreement shall not waive any terms of this Agreement.
No amendments or modification of this Agreement shall be valid unless
it is agreed to by the Association and the Union and reduced to writing.
101. Udis AGREEMENT CONTROLLING; In the event of any conflict
between the terms , conditions and provisions of the Agreement and the
Constitution and By-Laws of the Association and the Union, this
Agreement shall be controlling. The parties shall cause appropriate
changes to be made in the respective Constitutions and By- Laws to
make them consistent with the provisions of thisAgreement.
102. LEGALITY OF AGREEMENT : Should the courts decide any part
of this Agreement to be illegal, the remaining parts shall not thereby
be invalidated; it being the sole interest and purpose of this Agreement
to promote peace and harmony in the industry along lawful lines.
-67-103.
104.
UNION RIGHTS: This Agreement does not deny the right of the
Union or its representatives to render assistance to other labor
organizations by removal of its members from jobs when necessary
and when the Union or it’s proper representatives decide to do so, but
no removal shall take place until one (1) working day’s notice has
been given to the Employer involved and to its representative to
protect its interests, and provided further, that such removal is not
contrary to any existing law. This provision applies onlyin cases where
the employing plumbing contractor is not involved.
ARTICLE 26
Job Target/Market Recovery Program and
Commercial Alteration Work
In an effort to recapture lost work and be more competitive with other
sectors of our industry, the parties have agreed, to include the following:
JQB TARQET AND MARKET RECOVERY PRQQRAM; The
Parties have agreed to form a Joint Committee to target specific jobs
during the bidding process. The sole purpose of this program is to
secure additional employment opportunities for Local Union No. 1
members and the signatory contractors within this jurisdictional area.
The Job Target Committee shall consist of up to five (5) Management
Representatives and five (5) Union Representatives, who shall meet on
an as needed basis. A quorum will consist of two (2) Management
Representatives and two (2) Union Representatives. All projects
submitted to the Committee for review must be in the bidding process.
The Committee may review the job drawings , bidder’s lists and all
other available information. A majority vote of the Committee shall
be required for any project adjustments. The decision of the Joint
Committee will be sent to all signatory contractors.
-68-Once a plumbing contract has been awarded on a project, said project
is not eligible to be submitted to the Committee.
The Joint Committee may adopt additional rules and regulations for the
proper administration of the Committee, with the approval of the Joint
Negotiating Committee.
In an area where a problem exists with non-signatory competition for
light new construction and alteration work, there may be adjustments
made in order to increase the competitiveness of the signatory
contractors.
104A. INDUSTRY DEVELOPMENT FUND : The Parties have agreed to
form a Committee to consider the feasibility of establishing an
“Industry Development Fund (Target Fund)” which may be
implemented by the parties upon mutual consent. The Fund would
provide a source of partial fringe benefits payments that would be
made available to contractors who are bidding against contractors who
are not required to provide health/welfare and pension benefits
comparable to those in this Agreement.
105. ALTERATION WORK : All work classified as Commercial
Alteration by Union/Management will be allowed a Journeyman to
Apprentice ratio of one (1) to one (1) up to and including a total of ten
(10) Employees. After ten (10) Employees are on the job the ratio shall
be the new construction Apprentice ratio. Five (5) days, Mondays,
through Fridays, shall constitute the work week. All work within the
Commercial Alteration Division shall be a seven (7) hour day.
Ratio of Apprentices on Alterations
1 Apprentice if
5 Apprentices if
6 Apprentices if
7 Apprentices if
8 Apprentices if
9 Apprentices if
1 Journeyman is employed
5 Journeymen are employed
7 Journeymen are employed
10 Journeymen are employed
13 Journeymen are employed
16 Journeymen are employed
-69-D6. NEW CONSTRUCTION SITE WORK: All new construction site
work (see Paragraph 78 for scope of work) can be performed at a
Journeyman to Apprentice ratio of one (1) to one (1) up to a total of
four (4). Commencing with the fifth man,the ratios contained in
Paragraph 39 will apply.
106A. “ME-TOO CLAUSE”: If any other trade is working the eighth hour
on a job deemed as Commercial Alteration at a premium wage, so
shall the plumber, however, if other mechanical trades are working the
eighth hour at single rate, so shall the plumber.
ARTICLE 27
Contract Termination
107. EFFECTIVE DATE – TERMINATION DATE – ONE
HUNDRED TWENTY (120) DAY CONFERENCE PROVISION:
This Agreement shall be in full force and effect as of July, 1 2023 and
shall remain in force until June 30,2026. One hundred and twenty (120)
days prior to the expiration of this Agreement a conference of all
Parties hereto shall be held for the purpose of consummating anew
Agreement.
The Union claims and the Employer acknowledges and agrees that a
majority of its Employees have authorized the Union to represent them
in collective bargaining. The Employer hereby recognizes the Union as
the exclusive bargaining representative under section 9(a) of the
National Labor Relations Act of all full-time and regular part-time
Plumbers on all present and future job sites within the jurisdiction of
the Union.
Any entity wishing to abrogate this Agreement must notify both the
Association and the Union in writing by regular and express delivery
mail a minimum of one hundred and eighty (180) days prior to the
expiration date of this Agreement.
-70-In Memoriam of Ray Cardoza. Ray was instrumental in many parts of the industry as a former
ACP president, former Management Chair of the negotiating committee and co-chair of Joint
Arbitration committee. He was a young man, father, friend and advocate for the unionized
plumbing trade lost too soon. He will be dearly missed.
108. AGREEMENT SUPERCEDES ALL PRIOR DRAFTS:
This Agreement supercedes all prior drafts, copies or Agreements.
109. SIGNATORIES: The signatories to the original Agreement are:
Signatories for The Association
of Contracting Plumbers of the
City of New York, Inc.
Chairman
of the Negotiating Committee
ROBERT GREENBERG
Peter Bisso
Marc Brcslaw
Raymond Cardoza
Vincent Gamba
Lawrence J. Levine
Adam Levy
Barr Rickman
Chris Stmad
Terence O’Brien
Executive Vice President
Carmen Mateo
Secretary
Signatories for Plumbers Local
Union No. I of The United
Association of Journeymen and
Apprentices of the Plumbing
and Pipe Fitting Industry of The
United States and Canada
Chairman
of the Negotiating Committee
PAUL O’CONNOR
Freddy Dclligatti
Richard Garner
Richard Gilligan
John Hickey
Thomas Kinirons
George Malandrakis
Louis Pasquale
Raymond Rondino
John Totino
Carl Johnson
Secretary
-71-2023
2023
Building Trades
Collective Bargaining Agreement
Effective July 1,
PLUMBERS AND GASFITTERS LOCAL UNIO N NO. 1
OF THE
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING
AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA
NEW YORK CITY
INDEPENDENT “A” FIELD
COLLECTIVE BARGAINING AGREEMENT
The undersigned Plumbing Contractor and individual signatory agree to be bound by all provisions of the Collective
Bargaining Agreement between Plumbers Local Union No. 1 of the United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United States and Canada and the Association of Contracting Plumbers of the City
of New York, Inc. and any amendments, renewals and extensions that may hereafter be made by the parties to the Agreement.
The undersigned individual signatory contractor acknowledges that Local Union No. 1 claims to represent a majority of the
bargaining unit, and the contractor acknowledges that, based upon Local 1 having offered evidence of same, that a majority of
the employees have authorized the Union to represent them in collective bargaining and the contractor recognizes Local 1 as
the exclusive bargaining representative of employees covered by the Collective Bargaining Agreement. The undersigned
individual signatory acknowledges that he/she has received a complete copy of the Collective Bargaining Agreement effective
July 1, and has read it in its entirety. The undersigned Plumbing Contractor and individual signatory agree to be bound
to all agreements, declarations of trust, amendments and regulations thereto, referenced in the Collective Bargaining
Agreement. All contributions shall be remitted as set forth under the Collective Bargaining Agreement and declarations of
trusts, amendments and regulations thereto, referenced in the Collective Bargaining Agreement. The undersigned agrees to be
bound by any amendments to the Collective Bargaining Agreement and all amendments and regulations of the aforesaid
declaration of trusts and anything supplementary thereto as adopted by the aforesaid Association and aforesaid Local Union or
their designated trustees. The undersigned Plumbing Contractor and individual signatory agree that the Collective Bargaining
Agreement to which they shall be bound shall continue in effect until and including June 30, 2026, or on or before the thirty first
(31st) day of December, 2025, or on or before the thirty first day (31st) day of December of any year thereafter, written notice of
termination or proposed changes shall have been served by either party on the other party via certified or registered mail.
Employer (Individual/Firm/Corporate)
PLEASE PRINT CLEARLY
Business Name
Address
Telephone
E-mail Address
Fax No.
Name of Gov’t Agency issuing Plumber’s License
License No.
Name of Person Signing
Employer Identification No. (EIN)
Title of Person Signing
Signature
Date of Signing
Plumbers Local Union No. 1
Name/Title of Person Signing
Signature
DateofSigning
50-02 Fifth Street, Long Island City, NY 1 1 lOPPHONE (718) 738-7500*FAX (718) 835-0896
-72-PLUMBERSAND PIPEFITTERS NATIONAL PENSION FUND
Revised Standard Form of Participation Agreement
The undersigned Employer and Union agree that the Employer shall make pension
contributions to the Plumbers and Pipefitters National Pension Fund in accordance
with the terms of this Agreement on behalf of those Employees who are covered by
the Plumbers and Pipefitters National Pension Fund pursuant to the Collective
Bargaining Agreement.
1. a) Commencing with the first day of July 1, 2023, and for the Duration of
the current Collective Bargaining Agreement between the Parties and
any renewals or extensions thereof, the Employer agrees to make
payments to the Plumbers and Pipefitters National Pension Fund for each
Employee who is in each classification listed below in accordance
with the Collective Bargaining Agreement , as follows:
EFFECTIVE
CLASSIFICATION AMOUNT DATE
Journeyman
Apprentice
Other-specify
Any classification of Employees who are excluded from the Plan pursuant to
good faith bargaining and for whom contributions are not required shall not
participate in the Plan. Persons in such excluded classifications shall not be
considered “Employees” for purposes of the Plan and this Standard Form of
Participation Agreement.
b) The Employer shall make the contributions set out in subparagraph I (a) for
each hour or portion thereof, for which an Employee is paid or entitled to
payment for performance of duties for the Employer. (Each overtime hour
shall be counted as one regular hour for which contributions are payable.)
-73-c) Contributions set out in subparagraph 1(a) above shall be paid starting with
the Employee’s first day of employment in a job classification covered by
the Collective Bargaining Agreement.
d) The Employer shall continue contributions to the Fund for any compensated
Employees who were previously covered by the Fund as members of the
bargaining unit and who are continuing to perform work of the type covered
by the Collective Bargaining Agreement for at least half of their hours with
the Employer. It is understood that the Employer may not make
contributions on behalf of an Employee who owns, or whose spouse owns
ten percent (10%) or more of the corporation unless it signs and abides by a
participation agreement covering such owner Employees. It is also agreed
that the Employer shall not make contributions to the Fund on behalf of any
Employees other than those specifi ed herein or in a separate
participation agreement.
2. The payments to the Plumbers and Pipefitters National Pension Fund
required above shall be made to the “Plumbers and Pipefitters National
Pension Fund” which was established under an Agreement and Declaration
of Trust, dated July 23, 1968 and restated on December 13, 1978. The
Employer, by signing this Standard Form of Participation Agreement, or by
signing a Collective Bargaining Agreement providing for participation in the
Plumbers and Pipefitters National Pension Fund , agrees to be bound by all
of the terms and conditions of the Restated Agreement and Declaration of
Trust. Any Employer so adopting the Restated Agreement and Declaration
of Trust thereby ratifies, accepts and designates as its representatives the
Employer Trustees when serving as such and authorizes said Employer
Trustees to designate additional Employer Trustees and successor Employer
Trustees in accordance with the terms and conditions thereof and authorizes
the Trustees to adopt amendments to the Restated Agreement and
Declaration of Trust. The Employer hereby acknowledges receipt of a copy
of the Restated Agreement and Declaration of Trust in effect when this
Agreement issigned.
-74-3. It is agreed that the Pension Plan adopted by the Trustees of the said
Plumbers and Pipefitters Pension Fund shall at all times conform with the
requirements of the Internal Revenue Code so as to enable the Employer at
all times to treat contributions to the Plumbers and Pipefitters National
Pension Fund as a deduction for income tax purposes.
4. It is agreed that all contributions shall be made at such time and in such
manner as the Trustees, require and the Trustees shall have the authority to
retain an accountant or accounting firm to perform payroll audits of the
Employer to determine whether the correct amount of contributions have
been made or to determine whether contributions have been made on behalf
of all Employees covered by the Plan.
5. If an Employer fails to make contributions to the Plumbers and Pipefitters
National Pension Fund within twenty (20) days of the end of the month
during which the work was performed, the Union shall have the right to take
whatever steps are necessary to secure compliance, any provision of the
Collective Bargaining Agreement to the contrary notwithstanding, and the
Employer shall be liable for all costs and expenses for collecting the payments
due, together with attorneys’ fees, interest on the unpaid contributions of twelve
percent (12%) per annum and liquidated damages of ten percent (10%) of the
unpaid contributions. The Employer’s liability for payment hereunder shall not
be subject to the grievance or arbitration procedure or the “no-strike” clause
provided under the Collective Bargaining Agreement.
6. The parties agree that this Participation Agreement shall be considered a
part of the Collective Bargaining Agreement between the undersigned
parties.
-75-2026
7. The expiration date of the present Collective Bargaining Agreement
between the undersigned parties is June 30, Copies of the Collective
Bargaining Agreement and all renewal or extension agreements will be
furnished promptly to the Plumbers and Pipefitters National Pension Fund
office , and, if not consistent with this Participation Agreement can be used
by the Trustees as the basis for termination of participation of the Employer.
-76-” The basic goal of labor will not
change. It is-as it has always been,
and I am sure always will be-to
better the standards of life for all
who work for wages and to seek
decency and justice and dignity
for all Americans.”
-George Meany
-77-“We know of no trade, business or calling in the community which more
vitally affects the public health and safety of city dwellers than that of
plumbing.”
People vs. Hartford, 286, N.Y.
477, 485
New York Court of Appeals
“An excellent plumber is definitely more admirable than an incompetent
philosopher. The Society which scorns excellence in plumbing because
plumbing is a humble activity and tolerates shoddiness in philosophy
because it is an exalted activity will have neither good plumbing nor good
philosophy. Neither its pipes nor its theories will hold water. ”
John W. Gardner
“If I had my life to live over again, I would choose the plumbing trade. ’’
Albert Einstein
“Inevitably those who could make water serve the community acquired
something of the stature of gods. ”
Robert Payne
’’GOOD HEALTH THROUGH GOOD PLUMBING