Contractors' Association of Greater New York, Inc.

AGREEMENT BETWEEN

ALLIED BUILDING METAL INDUSTRIES

AND

THE INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL UNION NO. 15D

AFFILIATED WITH THE AFL-CIO

JULY 1, 2024 THROUGH JUNE 30, 2028

INDEX

Page

Object 1

Principles 1

Territory Covered 2

Work Covered 2

Hours 4

Wages & Conditions 5

Fringe Benefit Funds 9

Union Dues Checkoff 17

Trade & Jurisdictional Disputes 18

Settlement of Disputes 18

Equal Employment Opportunity 19

Paid Sick Leave 19

Paid Family Leave 20

Target Committee 20

Savings Clause 20

Duration & Termination 20

Storm Language 21

THIS AGREEMENT is made and entered into effective as of July 1, 2024 by and

between the STRUCTURAL STEEL ERECTORS DIVISION FOR LINE AND

GRADE FIELD PARTIES OF ALLIED BUILDING METAL INDUSTRIES, INC.,

(hereinafter referred to as the “ASSOCIATION”) for and on behalf of its members whose

names appear on “Schedule A” (hereinafter referred to jointly and individually as the

“EMPLOYER”) and such structural steel erectors that may become members of Allied

and who in the past have not primarily employed Iron Workers in the geographical

jurisdiction of this Agreement to do line and grade work, and LOCAL 15D of the

INTERNATIONAL UNION OF OPERATING ENGINEERS, affiliated with the

AFL-CIO, (hereinafter referred to as the “UNION”).

ARTICLE I

OBJECT

The purpose of this Agreement is to establish and maintain wages, hours and

working conditions for the work on steel erection covered by this Agreement in the

territory to which it applies, to prevent strikes and lock outs, to insure the peaceful

resolution of any and all grievances, disputes or differences that may arise between the

parties as such or between them as Employer and Employee, and to provide for the

adjustment of disputes between trades.

ARTICLE II

PRINCIPLES

SECTION 1. The amount of work an employee may perform shall not be

restricted by the Union nor by its representatives, officers or members, and the use of

machinery, tools, appliances or methods shall not be restricted or interfered with.

SECTION 2. The business representatives of the Union shall have access to the

work at all times. They shall comply with all general conditions of the job regarding

passes, entrances to be used, and the like.

SECTION 3. The Employers recognize the Union as a source for obtaining

skilled Line and Grade Men and agree to employ such workers who are members in good

standing of the Union or who become members of the Union eight (8) days after the

commencement of their employment, and the Union agrees to furnish such workers when

requested by the Employers. Such workers shall, thereafter, maintain their membership

in good standing.

SECTION 4. There shall be no discrimination against any Employee or

individual with respect to any term of employment or otherwise because of race, creed,

color, national origin, sex or age.

SECTION 5. The Union or its representatives shall not order a strike or stoppage

of work, nor shall the Employees strike against any Employer or collectively leave the

work of an Employer, nor shall any Employer lock out Employees All disputes,

complaints, grievances or differences shall be resolved in accordance with the provisions

of Article XI.

The foregoing does not deny the right of the Union to render assistance to other

labor organizations by removing its members from jobs when combined action by all

trades is officially ordered; but no such removal shall take place until formal notice is first

given to the Association.

SECTION 6. Employers are at liberty to employ and discharge whomever they

see fit. They shall at all times be the sole judge as to the work to be performed and

whether work performed by their Employees is or is not satisfactory.

SECTION 7. Should the Union knowingly allow its members to work for

Employers who are engaged in the same work as the Employers herein, at wages and

working conditions less favorable to the Employees than those contained in this

Agreement, the wages and conditions in this Agreement shall immediately be changed to

the less favorable wages and conditions shown to exist.

ARTICLE III

TERRITORY COVERED

This Agreement shall apply to steel erection work in New York City and in

Nassau, Suffolk, Westchester and Putnam Counties as well as that part of Dutchess

County lying south of the North City Line of Poughkeepsie, New York.

ARTICLE IV

WORK COVERED

SECTION 1. Where referred to in this Agreement, steel erection means the

erection of structural steel.

SECTION 2. This Agreement shall apply to qualified Employees customarily

and regularly engaged in Field Survey work whether initial layout or checking for the

erection of structural steel.

SECTION 3. The Union will not interfere with the practices and customs

of other Unions affiliated with the AFL-CIO and further shall not interfere with

the work of Registered Surveyors without limiting the rights of the Union to

organize such Registered Surveyors.

Employers reserve the right to subcontract Line and Grade work to

Contractors who are in Collective Bargaining Agreements with Local 15D.

SECTION 4. The following definition of job categories shall apply;

CHIEF OF PARTY: A Chief of Party is a Field Engineer who

supervises and directs one party on any one job. He is directly responsible for the

layout from the taking of information from supplied specifications and plans to the

direction and actual performance of layout. He shall be able to read plans and

specifications, draw any additional sketches required for the performance of layout,

develop and maintain survey records, do the necessary computations, keep control

of layout on the job and be able to do the required duties of an Instrument Man and

Rodman.

INSTRUMENT MAN: An Instrument Man is a Field Engineer

who, under the direction of a Chief of Party, performs layout and runs the

instruments in a party. He shall be able to set up, operate and make minor

adjustments to surveying instruments, read plans and sketches and keep surveying

records. He shall be able to perform the duties of a Rodman.

RODMAN: A Rodman is a Field Engineer who holds

the rod and generally assists other Field Engineers (Party Chief, Instrument Man).

He shall be able to operate surveying rods and be able to chain and generally assist

in doing layout.

SECTION 5. Nothing in this Agreement shall prevent an Employee of one

category in Section 4 above from temporarily performing the duties of any other

category and also from performing any other duties when not engaged in Line and

Grade work.

SECTION 6. All survey instruments such as transits, levels theodolites, lasers,

piezometers, fathometers, distomats, geodometers and any similar E.D.M.

equipment used to establish, check or maintain line and grade, and the setting up of

any robotic and laser scanning survey equipment and all GPS Survey Equipment

shall be covered by employees covered by this agreement and shall be the

jurisdiction of Local 15D, IUOE. The term Survey Instrument shall not be limited

to the above-mentioned equipment.

ARTICLE V

HOURS

SECTION 1.

(a) Eight (8) hours shall constitute a day’s work. Forty (40) hours

shall constitute a week’s work.

If an Employee is laid off from his work assignment and

said Employee or his replacement is rehired by the Employer within

five (5) consecutive working days, said Employee or any other

Employee shall be paid for the intermittent time during the layoff

period.

(b) A single shift shall be eight (8) working hours starting at 8:00

a.m., meal time maybe one (1) hour or one-half (1/2) hour.

shall be seven (7) hours, with pay for eight (8) hours. However,

when the engineer works with the mechanics of a trade who are

working two shifts at eight (8) hours, the engineer will work the

additional hour on each shift of a two (2) shift job at straight time.

(d) When three (3) shifts are employed, each shift will work seven

(7) hours but will be paid for eight (8) hours.

(e) When two (2) or more shifts are employed, single time will be

paid for each shift.

(f) A work week shall start at 8:00 a.m. Monday and end at 8:00

a.m. Saturday.

(g) Notwithstanding the provisions of this Section 1 (b) and 1 (f),

upon notice to the Union, Employees shall be permitted to work

a shift with a starting time of 7:00 a.m. at straight time rates

so long as the Employer’s entire work crew is working in

accordance with the 7:00 a.m. starting time. Such shift shall

remain in place for a minimum of forty (40) hours.

ARTICLE VI

WAGES AND CONDITIONS

SECTION 1. The rates of wages to be paid Employees covered by

this Agreement shall be as follows for the period July 1, 2024, through June 30,

2028:

PARTY CHIEF

Date

Weekly Rate

7/1/24 $2,998.00

7/1/25 (*)

7/1/26 (*)

7/1/27 (*)

Hourly Rate

$74.95

+$2.93 per hour (*)

INSTRUMENT MAN

Date Weekly Rate Hourly Rate

7/1/24 $2,241.20 $56.03

7/1/25 (*) +$ 1.00 per hour(*)

7/1/26 (*) +$ 1.00 per hour(*)

7/1/27 (*) +$ 1.00 per hour(*)

RODMAN

Date Weekly Rate Hourly Rate

7/1/24 $1,446.00 $36.15

7/1/25 (*) +$ 1.00 per hour(*)

7/1/26 (*) +$ 1.00 per hour(*)

7/1/27 (*) +$ 1.00 per hour(*)

RODMAN RECRUIT:

A Rodman Recruit shall be employed as requested by the Employer. Said

Rodman Recruit may be utilized among all crew as needed with no limitations. A

single Party Chief working with robotic instruments or a Party Chief working with

an Instrument Man shall count as a survey crew.

Said Rodman Recruit will come from an accredited program or will have

performed similar work in building and/or heavy construction. Local 15-D will

develop a qualified pool of candidates for contractors to employ. The Rodman

Recruit title shall be paid an hourly wage of $25.00 per straight time hour. In

addition to the hourly rate, Rodman Recruits shall receive fringe benefit stamps in

accordance with the collective bargaining agreement.

The Rodman Recruit title will apply to an individual for up to one (1) year.

The Employers are at liberty to hire or discharge whomsoever they see fit, and the

Employer shall at all times be the sole judge as to the work performed and whether

such work is or is not satisfactory. All other terms and conditions of the IUOE Local

15-D Allied collective bargaining agreement shall apply.

EFFECTIVE DATE

07/01/24

Thru

06/30/25

07/01/25

Thru

06/30/26

07/01/26

Thru

06/30/27

07/01/27

Thru

06/30/28

WAGE $25.00 $25.00 $25.00 $25.00

BENEFITS* $45.11

TBD TBD TBD

SUBTOTAL $70.11

() As per Articles VII and VIII below.

All the above rates are based on a forty (40) hour week.

(*) Local 15D shall have the right to allocate these total economic packages

between wage rates and fringe benefit contributions after notifying the

Association in writing thirty (30) days before said allocations are to become

effective.

SECTION 2.

(a) Time and one-half shall be paid for all work performed in

excess of eight (8) hours per day and for all work performed in

excess of forty (40) hours per week and for the eight (8) hours of

work on Saturday. Double time shall be paid for all work in excess

of eight (8) hours on Saturday and for all work performed on

Sundays and holidays.

(b) It is agreed that Line and Grade Men shall be employed at a

straight time weekly rate, except at the start and finish of

employment and on employment of one (1), two (2) or three

(3) days’ duration in any payroll week, he shall be paid for actual

days worked. On employment of four (4) days’ duration in any

payroll week, he shall be paid for a full week.

all Employees covered by this Agreement regardless of the

fact that certain individual Employees are being paid over the

minimum rates of these classifications.

SECTION 3. HOLIDAYS.

(a) The paid holidays to be observed are: New Year’s Day, Martin

Luther King Jr. Day, President’s Day, Good Friday, Memorial

(Decoration) Day, Independence Day, Labor Day, Columbus

Day, Election Day, Veteran’s Day, Thanksgiving Day and

Christmas Day.

(b) Employees covered by this Agreement shall receive eight (8)

hours pay at the double time rate and the double time fringe if

the said above-mentioned holiday is worked. If the employee

works four (4) days in the payroll week for a single employer

and he or she does not work the said holiday, the employee shall

receive eight (8) hours straight time pay and eight (8) hour

holiday stamp.

There will be no benefit fund contributions on the Annuity, Vacation,

Voluntary Annuity, Apprentice and/or Training Funds, Medical

Reimbursement, PAC, Defense Fund, or LMCT Funds.

Said member will receive a holiday stamp, which shall include welfare,

pension, and supplemental dues only. When a member covered by this

agreement is employed in a payroll week with said holiday the member

shall receive two (2) hours pay plus two (2) hour holiday prorated stamp

for each date worked in a payroll week (i.e., one (I) day – two (2) hours,

two (2) days – four (4) hours, three (3) days – six (6) hours, four (4) dayseight (8) hours).

Any of the aforementioned holidays that fall on a Saturday will be

observed in accordance with the New York State General Construction

Law Article 2, Section 24.

When a holiday is worked and the operating engineer is unable to work

then only the replacement operating engineer receives holiday pay.

SECTION 4. There shall be a Party Chief in each field party.

SECTION 5. Engineers will snap all lines in connection with their own

layout.

SECTION 6. Should the job be closed down on Thursday or Friday for a

legal holiday or for any other good or sufficient reason, then pay time shall

stop on Tuesday of that calendar week at 4:30 p.m. and wages shall be paid

on Friday or Thursday respectively, of the same week.

SECTION 7. If there is any change in the established pay day, a notice

to that effect must be posted on the job by the Employer, twenty-four (24) hours in

advance of such change.

SECTION 8. If discharged during the week for any reason, men shall be

paid at once on the job site. All wages payable under this Agreement shall become

due and be paid on the job every week. Not more than three (3) days’ pay shall be

held back.

Wages shall be paid either in cash or by check, at the Employer’s

option, provided the delivery of the checks shall be made at least one (1) day

preceding a banking day.

If for any reason the Employer terminates the service of any

Employee working under this Agreement, the accrued wages of that Employee

shall be paid to him at the time of the termination of employment, otherwise time

shall be charged for the accrued wages not to exceed three (3) days’ pay, provided

the Employee remains on the job during regular working hours of those three (3)

days.

SECTION 9. Neither party during the life of this Agreement, is to adopt

Bylaws or attempt to enforce any working rule or regulation which is contrary to

any of the provisions in this Agreement.

SECTION 10. When Employers do any work other than the type of work

covered by this Agreement, they shall conform to any applicable agreement that exists

between an Employing Group and the International Union of Operating Engineers,

Local Union 15D.

SECTION 11. A man will not be required to walk more than 10 floors

or 100 feet, whichever occurs first, regardless of starting time.

SECTION 12. It is the intent of the Parties to waive the Labor Law

Section 198-E, pursuant to Labor Law Section 198-E(l 0).

ARTICLE VII

FRINGE BENEFIT FUNDS

SECTION 1. WELFARE FUND

(a) For each hour paid to each Employee covered by this Agreement,

the Employer shall make contributions to the Welfare Fund of the

International Union of Operating Engineers, Locals No. 15, 15A, 15C,

15D (“Welfare Fund”) as follows:

Effective 7/1/24 – 6/30/25: $14.19 per hour

Effective 7/1/25 – 6/30/26: An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this

Agreement.

Effective 7/1/26 – 6/30/27: An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

Effective 7/1/27 – 6/30/28: An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

(b) Contributions shall be paid on the premium portion of overtime paid as

follows:

Effective 7/1/24 – 6/30/25 $21,285 for each time and

one-half hour paid; $28.38

for each double time hour

paid.

the Welfare Fund and shall be given to the Employees in accompaniment with

their weekly pay. The said stamps shall be remitted by the Employees to the

Welfare Fund at such times as designated by the Trustees of the Fund.

(d) The Employer contributions shall be used exclusively to provide welfare

benefits through a plan qualified by the Internal Revenue Service in such form

and amount as the Trustees of the Fund may determine, as well as for the

organization and administration expenses of the Fund. The Welfare Fund

shall provide, without further contributions from either the Employer or the

Employees, an approved plan of coverage as required by the New York State

and New Jersey State Disability Benefits Laws.

(e) For the purpose of this Section, the Union, the various Trust Funds provided

for in this Agreement, and the Regional Director of the International Union of

Operating Engineers for the New York District and his staff, shall be

considered to be contributing Employers and shall make contributions on

behalf of their full-time Employees who are not members of another union for

collective bargaining purposes, except that coverage for Employees of the

Welfare and Pension Funds may be indicated in the records of the respective

Funds without actual payment of contributions on their behalf.

(f) The Welfare Fund shall continue to be administered pursuant to an Agreement

and Declaration of Trust which conforms to applicable law.

SECTION 2. MEDICAL REIMBURSEMENT FUND

1. For each hour paid to each employee covered by this Agreement, the

Employer shall make contributions to the Medical Reimbursement Fund of the

International Union of Operating Engineers, Locals No. 15, 15A, 15C, 15D

(“Reimbursement Fund”) as follows:

Effective 7/1/24 through 6/30/25: $0.99 per hour.

Effective 7/1/25 through 6/30/26: An amount as determined in accordance

with the provisions of Article VI,

Section 1 of this Agreement

Effective 7/1/26 through 6/30/27: An amount as determined in

accordance with the provisions of

Article VI, Section 1 of this

Agreement.

Effective 7/1/27 through 6/30/28: An amount as determined in

accordance with the provisions of

Article VI, Section 1 of this

Agreement.

2 Contributions shall be made on the premium portion of double time or

overtime hours so that if an employee works fifty (50) hours, of which ten (10)

hours are paid at double time as an example, the employer contribution shall be

sixty (60) times the rate stated above.

3. For the purpose of this sub-section, Locals 15D shall be considered to be a

contributing employer and shall make contributions on behalf of its full-time

employees who are not members of another Union for collective bargaining

purposes.

4. The required Employer contributions shall be paid in stamps purchased

from the Medical Reimbursement Fund and shall be given to the employees in

accompaniment with their weekly pay. The said stamps shall be remitted by the

employees to the Medical Reimbursement Fund at such times as designated by the

Trustees of the Fund.

5. Employer contributions shall be used exclusively to provide benefits

through a plan qualified by the Internal Revenue Service in such form and amount

as the Trustees of the Fund may determine, as well as for the organization and

administration expenses of the Fund.

6. The Medical Reimbursement Fund shall continue to be administered

pursuant to an Agreement and Declaration of Trust which conforms to applicable

law

SECTION 3. PENSION FUND

(a) For each hour worked by each Employee covered by this Agreement, the

Employer shall make contributions to the Pension Fund of the International

Union of Operating Engineers, Locals No. 15, 15A, 15C, 15D (“Pension Fund”)

as follows:

Effective 7/1/24 – 6/30/25:

Effective 7/1/25 – 6/30/26:

$7.65 per hour

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this

Agreement.

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

Effective 7/1/26 – 6/30/27:

Effective 7/1/27 – 6/30/28:

(b) No contributions shall be made on the premium portion of double time or

overtime hours so that if an Employee works 50 hours, as an example, the

Employer contributions shall be 50 times the rate stated above.

Pension Fund and shall be given to the Employees in accompaniment with

their weekly pay. The said stamps shall be remitted by the Employees to the

Pension Fund at such times as designated by the Trustees of the Fund.

(d) The Employer contributions shall be used exclusively to provide pension

benefits through a plan qualified by the Internal Revenue Service in such form

and amount as the Trustees of the Fund may determine, as well as for the

organization and administration expenses of the Fund.

(e) For the purpose of this Section, the Union and the various Trust Funds provided

for in this Agreement shall be considered to be contributing Employers and shall

make contributions on behalf of their full-time Employees who are not

members of another union for collective bargaining purposes, except that

coverage for Employees of the Welfare and Pension Funds may be indicated

in the records of the respective Funds without actual payment of contributions

on their behalf.

(f) The said Fund shall continue to be administered pursuant to an

Agreement and Declaration of Trust which conforms to applicable law.

SECTION 4. VACATION FUND POLITICAL ACTION COMMITTEE

FUND.

(a) For each hour paid to each Employee covered by this Agreement, the Employer

shall make contributions to the Vacation/PAC Fund of the International Union

of Operating Engineers, Locals No. 15, 15A, 15C, 15D (“Vacation/PAC Fund”)

as follows:

Effective 7/1/24 – 6/30/25: $4.86 per hour

Effective 7/1/25 – 6/30/26: An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this

Agreement.

Effective 7/1/26 – 6/30/27: An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

Effective 7/1/27 – 6/30/28: An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

(*) Includes $.05 or such other amount which may be voluntarily allocated to the Locals No. 15,

15A, 15D Voluntary Political Action Committee “VPAC”.

(b) Contributions shall be made on the premium portion of overtime paid,

as follows:

7/1/24- – 6/30/25 $7.29 for each time and one-half

hour paid and $9.72 for each double

time hour paid;

from the Vacation Fund and shall be given to the Employees in

accompaniment with their weekly pay. The said stamps shall be

remitted by the Employees to the Vacation Fund at such times as

designated by the Trustees of the Fund.

(d) The Employer contributions shall be used exclusively to provide

Vacation benefits through a plan qualified by the Internal Revenue

Service in such form and amount as the Trustees of the Fund may

determine, as well as for the organization and administration expenses

of the Fund.

(e) The said Fund shall continue to be administered pursuant to an

Agreement and Declaration of Trust which conforms to applicable law.

SECTION 5. APPRENTICE FUND.

(a) For each hour paid to each Employee covered by this Agreement, the

Employer shall make contributions to the International Union of

Operating Engineers, Local 15, 15A, 15C, 15D, Apprenticeship, Skill

Improvement and Safety Fund (“Apprentice Fund”) as follows:

Effective 7/1/24 – 6/30/25:

Effective 7/1/25 – 6/30/26:

Effective 7/1/26 – 6/30/27:

Effective HMTl – 6/30/28:

$0.90 per hour

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this

Agreement.

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

(b) Contributions shall be made on the premium portion of overtime paid, as

follows:

$1.35 for each time and one-half hour paid;

$1.80 for each double time hour paid;

the Apprentice Fund and shall be given to the Employees in

accompaniment with their weekly pay. The said stamps shall be remitted

by the Employees to the Apprentice Fund at such times as designated by the

Trustees of the Fund.

(d) The Employer contributions shall be used exclusively to provide programs

through a plan qualified by the Internal Revenue Service in such form and

amount as the Trustees of the Fund may determine, as well as for the

organization and administration expenses of the Fund.

(e) The said Apprentice Fund shall continue to be administered pursuant to an

Agreement and Declaration of Trust which conforms to applicable law.

SECTION 6. ANNUITY FUND CONTRIBUTION.

(a) For each hour paid to each Employee covered by this Agreement, the

Employer shall make contributions to the International Union of

Operating Engineers, Local 15, 15A, 15C, 15D, Annuity Fund

(“Annuity Fund”) as follows:

Effective 7/1/24 – 6/30/25:

Effective 7/1/25 – 6/30/26:

Effective 7/1/26 – 6/30/27:

Effective 7/1/27 – 6/30/28:

$13.15 per hour

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this

Agreement.

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

An amount as determined in

accordance with the

provisions of Article VI,

Section 1 of this Agreement.

(b) Contributions shall be made on the premium portion of overtime paid, as

follows:

Effective 7/1/24 – 6/30/25: $19,725 for each time and one-half hour

paid and

$26.30 for each double time hour paid.

For the purpose of this Section, the Union and the various Trust Funds provided for in

this Agreement shall be considered to be contributing Employers and shall make

contributions on behalf of their full-time Employees who are not members of

another union for collective bargaining purposes.

the Annuity Fund and shall be given to the Employees in

accompaniment with their weekly pay. The said stamps shall be remitted

by the Employees to the Annuity Fund at such times as designated by the

Trustees of the Fund.

(d) The Employer contributions shall be used exclusively to provide Annuity

benefits through a plan qualified by the Internal Revenue Service in such

form and amount as the Trustees of the Fund may determine, as well as

for the organization and administration expenses of the Fund.

(e) The said Fund shall continue to be administered pursuant to an

Agreement and Declaration of Trust which conforms to applicable law.

SECTION 7. TRUST FUND PROTECTION.

(a) The Employer shall make available to the auditors of the Trust Funds

specified in the foregoing Sections of this Article, within ten (10) days after

written notice from the Trustees, any and all records, which in the discretion

of the Trustees of said Funds, or any one Fund, may be required to

determine whether the Employer ha s made the contributions it is

obligated to make pursuant to this Agreement.

(b) The Employer shall furnish the Trustees of the Funds specified in

Sections 1, 2, 3, 4 and 5, and 6 of this Article with reports for each

calendar month not later than the 15th day of the month following,

providing the names, job classifications, social security numbers, wages

earned and hours worked for all Employees covered under this

Agreement together with such other information as may be required

by the Trustees for the proper and efficient administration of each of the

said Funds.

accordance with this Section to any of the aforesaid Funds as required,

shall constitute a breach of this Agreement by the defaulting Employer

and the Union upon ten (10) days written notice, reserves the right to

forthwith withdraw its men from jobs of the Employer or take such

other action as it deems necessary, any terms of this Agreement to the

contraiy, notwithstanding, and the defaulting Employer must pay each

Employee at the straight time rate for the number of regular working

hours of employment which the Employees who are withdrawn from

the Employer lose as a result of such withdrawal.

(d) In the event a dispute arises in connection with the failure of an

Employer to make the required payments to any of the Funds specified in

Sections 1, 2, 3, 4, 5, and 6 of this Article or in connection with any of

the provisions of this Section 6, and such dispute has to be resolved by

arbitration in accordance with the provisions of Article XI, the expense of

the arbitration procedure shall be bome equally by the Employer and the

Union except that, if collection is made pursuant to an arbitration award,

such decision shall contain a directive that the Employer pay the actual

cost of an audit, if any, used to establish the indebtedness, plus the

Arbitrator’s fee, plus attorneys’ fees in the amount of 20% of the

indebtedness, plus 20% of the indebtedness for liquidated damages and,

in addition thereto, interest at 15% of the payment due to said Funds,

which amounts shall be paid to the Trustees of said Funds

(e) The Trustees of any or all of the said Funds may refer the collection of

the required payments to an attorney and, in that event, the Employer

agrees to pay, in addition to the monies owing, all collection expenses

including court costs, if any, together with interest at 15%, attorneys’ fee

of 20% which the parties agree is a reasonable collection charge, and

liquidated damages in the amount of 20% of the monies owed.

(f) Resort to a remedy under this Agreement or under the Agreements and

Declarations of Trust for the collection of contributions due the Funds or

any one Fund, shall not be deemed a waiver of the right to resort to any

other remedy provided, therein, or by law. Resort to one remedy at one

time shall not be deemed a waiver of the right to resort to others at a future

or subsequent time.

(g) The Employer is bound by all the terms and conditions of the

Agreements and Declarations of Trust and Plans for each of the Fringe

Benefit Funds contained in this Agreement, and these Agreements and

Declarations of Trust and Plans are hereby made part of this Agreement

and shall be considered as incorporated herein.

ARTICLE VIII

UNION DUES CHECKOFF

(a) The Employer shall deduct from the economic package paid to each Employee covered by

this Agreement working in the geographical jurisdiction of Local 15D, the following sums

which constitute part of each such Employee’s Union dues.

Effective 7/1/24 – 6/30/25: $3.32 per hour for each single time hour

paid.

$4.98 per hour for each time and one-half

hour paid

$6.64 per hour for each double time hour

paid.

Effective 7/1/25 – 6/30/26: An amount as determined in accordance

with the provisions of Article VI, Section 1

of the Agreement.

Effective 7/1/26 – 6/30/27: An amount as determined in

accordance with the provisions of Article

V I , Section 1 of the Agreement.

Effective 7/1/27 – 6/30/28: An amount as determined in accordance

with the provisions of Article VI, Section 1

of the Agreement.

(b) The above-stated deductions shall be made after proper execution by each

Employee of appropriate written assignments authorizing the deductions. It

is agreed that these written assignments shall be filed in the Fund Office of

the Local 15 Trust Funds.

method of remittance shall be by paying such sums over to the said Fund

Office by means of purchase of consolidated stamps.

(d) The Union agrees to indemnify and to hold harmless the Employer and the

Association from any and all claims, actions and/or proceedings arising out

of said dues checkoff.

ARTICLE IX

TRADE AND JURISDICTIONAL DISPUTES

SECTION 1. The parties to this Agreement are subject to and agree to be bound

by all decisions and/or awards made in accordance with the New York Plan for the

Settlement of Jurisdictional Disputes as adopted on July 9, 1903, by the Building and

Construction Trades Council of Greater New York and the Building Trades Employers’

Association and amended on April 22, 1905, and further, the parties agree that all

disputes relative to questions of jurisdiction of craft or trade which may arise under this

agreement shall be resolved in accordance with the said New York Plan. Such

decisions/awards may be subject to appeal by the Unions if, at the time they are rendered,

there exists machinery at the national level for such appeals under a plan/program of the

Building Trades Department of the AFL -CIO, subscribed to by the International Union of

Operating Engineers, the parent organization of the Union.

ARTICLE X

SETTLEMENT OF DISPUTES

(a) Any grievance, complaint or dispute between the Union and an Employer arising out

of this Agreement or as to the meaning, interpretation, application or alleged violation

of any provision or provisions of this Agreement, except as provided in subsection (d)

below, shall be handled in the first instance by a Union Business Agent, or an officer of

the Union designated by the Union, and the Employer involved or a representative of the

Employer designated by the Employer, who shall do so within three (3) working days of the

notice of the event giving rise to the dispute and who shall attempt to resolve the matter within

two (2) working days thereafter.

(b) Failing resolution at Step 1, above, the matter shall be handled by a Union Business Agent

or an officer of the Union designated by the Union, and a representative of the Association

who shall do so within three (3) working days thereafter and who shall have five (5) working

days within which to resolve the matter.

thereafter, submit the unresolved grievance, complaint or dispute to an Arbitrator selected

through the procedures of the American Arbitration Association. The Arbitrator’s decision

shall be final and binding upon the Employee or Employees of the Employer involved and

upon the Employer and the Union involved. The Arbitrator shall be empowered to employ

all the powers granted to arbitrators under the Civil Practice Law & Rules of the State of

New York and shall be authorized to compel the production of books and records involved

in a dispute. The expense of an arbitration proceeding shall be borne equally by the

Employer involved and by the Union involved.

(d)

(e) In disputes concerning contributions to the various Trust Funds provided for in this

Agreement, an Arbitrator shall take cognizance of the provisions of Article VII,

Section 6, TRUST FUND PROTECTION, and apply them accordingly.

(f) The foregoing provisions for the settlement of disputes and arbitration are not

intended and shall not be construed as in anywise qualifying or making subject

to change any provisions of this Agreement including,

but not limited to, the handling of negotiations for a new Agreement, change

in wage scale or jurisdictional dispute.

(f) This Agreement contains all of the provisions agreed upon by the

Employers and the Union. Neither the Employers nor the Union shall be

bound by rules, regulations or agreements not contained herein. This sub¬

paragraph is not applicable to custom and practice in this trade.

ARTICLE XI

EQUAL EMPLOYMENT OPPORTUNITY

“Equal employment opportunity” means 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, promotions, upgrading demotion

downgrading, transfer, layoff and termination, and all other terms and conditions of

employment.

ARTICLE XII

PAID SICK LEAVE

Local 14-14B and Local 15, 15A, and 15D waive any right or entitlement

for paid sick leave that may be provided by any City, State or Federal law or regulation.

The Unions acknowledge the provisions of the New York Sick Leave Act (Labor Law sec.

196-b) and further acknowledge that employees covered under this Agreement receive

comparable benefits in lieu of the sick leave through the signatory Employer’s

contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of

employees.

The Unions waive the provisions of the New York City Earned Safe and Sick Time Act

pursuant to NYC Admin. Code Section 20-916(a) and acknowledge that employees

covered under this Agreement receive comparable benefits in the form of the signatory

Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf

of employees.

ARTICLE XIII

PAID FAMILY LEAVE

Paid family leave in accordance with New York State’s Paid Family Leave

Law shall be provided as a benefit through the Welfare Fund of the International Union of

Operating Engineers Local 15D. It is the intent of the parties that the obligation of the

Employer to otherwise provide this leave is satisfied through the benefit provided through

the respective Welfare Funds.

ARTICLE XIV

TARGET COMMITTEE

There shall be formed a Target Committee consisting of representatives

from the Association and the Unions which will meet regularly to address terms &

conditions that will assist association members when bidding for work against non-union

contractors.

ARTICLE XV

SAVINGS CLAUSE

Should any part of or any provision herein contained be rendered or declared

invalid by reason of any existing or subsequently enacted legislation, or by any decree of

a court of competent jurisdiction, such invalidation of such part or portion of this

Agreement shall not invalidate the remaining portions thereof; provided, however, upon

such invalidation, the parties signatory hereto agree to immediately meet to renegotiate

such parts or provisions affected. The remaining parts or provisions shall remain in full

force and effect.

ARTICLE XVI

DURATION AND TERMINATION

This Agreement shall become effective as of July 1, 2024 and shall remain in full

force and effect until midnight, June 30, 2028 and unless written notice of a desire for

change therein or to terminate the same be given by either party to the other at least sixty

(60) days and not more than ninety (90) days prior to such expiration date, it shall

continue in effect for an additional year thereafter. In the same manner, this Agreement

shall remain in effect from year to year thereafter, subject, however, to the right of each

party to terminate it at the expiration of any such year by giving notice, in writing, to the

other party at least sixty (60) days and not more than ninety (90) days prior to the

expiration of such year.

ARTICLE XVII

STORM LANGUAGE

Storm Warning: In the event of a storm warning issued by the National Weather

Service, Allied Building Metal Industries will coordinate with the Business Managers of

Local 15D to discuss closing job sites down for the storm duration. In the event that jobsites

are shut down due to a storm, the Operating Engineers will be paid only for the hours worked

in the week that the storm occurs.

Emergency Shutdown: In the event that a public official, including the President of

the United States, the Governor of the State of New York, the Mayor of the City of New

York or any other elected official of any other jurisdiction in which Local 15D members

may be employed by an Allied Building Metal Industries member or its subcontractors

(“Employer”), declare a state of emergency, or a project shut down by a public owner or

other government agency declare a state of emergency or a project shut down by a public

owner or other government agency, the Employer shall have sole discretion as to manning

the job as the employer sees fit. Such emergency discretion does not permit the Employer to

assign Local 15D’s work, classification or equipment to anyone other than Local 15D

members. If, during a period of emergency, the Employer performs any work, or utilizes any

classifications or equipment, which falls under the Operating Engineers’ jurisdiction, then

such work, classifications or equipment will be performed, manning and operated by

members of Local 15D in accordance with the Allied Building Metal Industries Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as

of the date and year first above written, in the City of New York, State of New York.

INTERNATIONAL UNION OF

OPERATING ENGINEERS,

LOCAL 15D

Thomas A. Callahan

President & Business Manager

International Vice President

Robert G. Shaw Jr.

Recording Corresponding Secretary

Steven N. Davi

Executive Director

ALLIED BUILDING METAL

INDUSTRIES, INC.