AGREEMENT
BETWEEN
ALLIED BUILDING METAL INDUSTRIES, INC.
AND
THE INTERNATIONAL UNION
OF
OPERATING ENGINEERS
LOCAL 14-14B
AND
LOCAL 15-15A
July 1, 2012 through June 30, 2018
INDEX
Page
Union Recognition and Union Security 1
Jurisdiction 1
Strikes and Lockouts 1
Settlement of Disputes 2
Hours of Work 3
Overtime and Holidays 3
Shift Work 4
Pay Conditions 4
Work Conditions 5
Local 14 Wage Rates and Fringe Benefit Stamp 11
Local 14-14B Fringe Benefit Fund 13
Local 14-14B Union Dues Check-Off 19
Local 15 Wage Rates and Fringe Benefit Stamp 20
Local 15 Fringe Benefit Funds 21
Local 15, 15A, 15C & 15D Union Dues Check-Off 26
Trust Fund Protection 27
Equal Employment Opportunity 28
Savings Clause 28
Sick Leave 28
Target Committee 29
Currently Employed Engineers 29
Duration and Termination 29
(Local 14-15 Agreement)
This AGREEMENT is made and entered into effective as of the first day of July, 2012,
by and between ALLIED BUILDING METAL INDUSTRIES, INC. (hereinafter referred
to as the “Association”), including its successors or assigns, for and on behalf of its
members whose names appear on “Schedule A” attached hereto, hereinafter referred to
jointly and individually as “Employer”, and such companies that may hereafter become
members of the Association, and LOCALS 14 and 15 of the INTERNATIONAL UNION
OF OPERATING ENGINEERS, AFL-CIO (hereinafter referred to as the “Union” or the
“Unions”).
SECTION 1. UNION RECOGNITION AND UNION SECURITY
The Employer recognizes the Unions as the exclusive representatives of its
employees in the performance of the work covered by this Agreement for the purpose of
bargaining collectively with respect to wages, hours and other conditions of employment.
The Employer shall employ members of the Unions in good standing with the
Unions.
SECTION 2. JURISDICTION
1. Work and Geographic Jurisdiction
This Agreement is applicable to the work performed by engineers in the job
classifications listed in Section 10 and stated in Section 9 herein on all structural steel
erection work on buildings, bridges and other structures in the five counties of New York
City and hoisting of all other material and equipment in conjunction with the structural
steel erection work as required by the commercial agreement between the Employer and
the general contractor or construction manager.
2. Craft Jurisdiction
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 Unions.
SECTION 3. STRIKES AND LOCKOUTS
1. There shall be no strikes, slowdowns, interference with production, or lockouts of
employees upon the work of the Employer; nor shall any employees collectively or in
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concert leave the work of the Employer; nor shall any sympathetic strike against an
Employer be entered into by the Unions; nor shall there be any cessation of work pending
a decision of an Arbitrator designated in accordance with the provisions of Section 4,
herein; nor shall the condition of work of an Employer whose work is outside the
geographic jurisdiction covered herein be recognized as a valid reason for a strike or
lockout on such Employer’s work within the geographic jurisdiction of the Unions.
2. Exceptions to the above-stated provision may be made only for the following
reasons:
(a) refusal of a party to submit to arbitration in accordance with the provisions of
Section 4;
(b) failure of a party to carry out the award of an arbitrator designated in
accordance with the provisions of Section 4;
(c) for the specific reasons stated in Section 16, Trust Fund Protection.
SECTION 4. SETTLEMENT OF DISPUTES
1. Any grievance, complaint or dispute between the Unions 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 4
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.
2. 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.
3. Failing resolution at step 2, above, the aggrieved party may, within ten (10)
working days 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
Rules of Procedure 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.
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4. In disputes concerning contributions to the various trust funds provided for in this
Agreement, an Arbitrator shall take cognizance of the provisions of Section 16, TRUST
FUND PROTECTION and apply them accordingly.
5. 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.
6. This Agreement contains all of the provisions agreed upon by the Employers and
the Unions. Neither the Employers nor the Unions shall be bound by rules, regulations or
agreements not contained herein.
SECTION 5. HOURS OF WORK
(a) Eight (8) hours shall constitute a regular day’s work, from 8:00 a.m. to 4:30
p.m., Monday through Friday, with a lunch period from 12 noon to 12:30
p.m., and five (5) such days, for a total of forty (40) hours, shall constitute the
work week.
(b) Notwithstanding the provisions of Section 5 (a) above, 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.
SECTION 6. OVERTIME AND EIOLIDAYS
1. All work outside the regular working hours, including all work on Saturdays and
Sundays, excepting shift work, shall be paid for at the double time rate, as shall all work
on the following holidays, to wit: New Year’s Day, Lincoln’s Birthday, President’s Day,
Good Friday, Decoration Day, Independence Day, Labor Day, Columbus Day, Election
Day, Armistice Day, Thanksgiving Day, Christmas Day, or days celebrated as such by
New York State.
2. An employee shall receive eight (8) hours’ pay at the single time rate for the
holidays enumerated in sub-division (a) of this section even though no work is performed
on such holidays provided the employee shall work at any time during the payroll week
of his then Employer when such holiday occurs, even though such holiday falls on a
Saturday and such employee shall not have been paid for such holiday by any other
Employer whether or not a party to this Agreement.
3. If an employee is ordered out for work on a Saturday or Sunday or on one of the
holidays enumerated above but performs no work through no fault of his own, he shall be
paid for eight (8) hours at double time; and, if he is ordered to report for work prior to
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8:00 a.m. on such days, he shall also receive double time for each hour prior to 8:00 a.m.
even though no work is performed through no fault of his own.
4. Notwithstanding anything to the contrary contained in this Agreement, on Tenant
Change (Alteration Work) in occupied buildings, the first eight (8) hours worked by the
Operating Engineers in any given day shall be paid for on a straight-time basis.
SECTION?. SHIFTWORK
Shifts may be worked at the single time rate at other than the regular working
hours as above set forth on the following work only:
| (a) (b) |
heavy construction jobs, and on work below the street level over railroad tracks on building jobs. |
If shifts are required they may be worked in one shift of eight (8) hours, two
consecutive shifts starting at 8:00 a.m. of seven (7) hours each. All work in excess of
eight (8) hours when one shift is worked, and in excess of seven (7) hours when two or
three shifts are worked, performed in any single twenty-four (24) hour period, shall be
paid for at the double time rate. When the Engineer works with the mechanics of a trade
who are working two (2) shifts at eight (8) hours, the Engineer will work the additional
hour on each shift of a two (2) shift job at straight time. Even though shifts are worked,
all work performed after 12 midnight Friday, and before 12 midnight on Sunday shall be
paid for at the double time rate. Operating and apprentice engineers shall not be required
to work on a shift basis as herein set forth except when the structural ironworkers with
whom they shall be working also shall be on a shift basis.
Notwithstanding the above, off-shift work on public works only shall be paid as
follows:
The first eight hours shall be paid at 160% of the straight time wage, and fringes
shall be paid at the double time rate. All work over eight hours shall be paid at the
double time rate, i.e., 200% of the normal straight time rate.
SECTION 8. PAY CONDITIONS
1. The word “job” as used in this Section means that stage or part of the operations
on a construction project for which an employee covered hereby is specifically hired
before entering upon his employment.
2. Engineers and apprentice engineers shall be paid weekly for a full forty (40) hour
week at the applicable rate per hour except that during the first and last pay week during
which any of the employees covered hereby is employed on a job, he shall be paid for the
actual days worked. On jobs of less than three (3) consecutive days duration he shall be
paid for the actual days worked. If work on a job is interrupted before the work of any
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such employee thereon is complete, he shall receive pay for the full pay week ending
when or during which such layoff shall have taken place. If such employee is put back at
work on the same job after five consecutive working days on the same work assignment
after the day of the layoff or other job interruption, he shall be paid for the actual days
worked during the pay week in which he shall have returned to work.
3. If an employee covered hereby is hired, put to work, and thereafter found to be
incompetent, his services may be dispensed with, but he shall be entitled to the single
time pay as set forth herein until paid. An employee ordered to a job shall be entitled to
one day’s pay at the single time rate in case he reports and is not put to work.
4. An employee covered hereby shall not receive pay for any time during which he
shall claim to have been employed on a job unless he shall have been hired for such work
by the Employer or shall have been ordered to such work under a decision pursuant to the
terms of Section 4.
5. When work is located outside the borough in which the Employer’s office is
situated and the carfare and ferry fare by the usual route to such work is more than one
($1.00) dollar daily, the excess shall be paid by the Employer, except when the work is
located in the borough or locality in which the employee resides.
SECTION 9. WORK CONDITIONS
1. In general all operating engineers and apprentice engineers employed on
structural steel erection work shall be selected at the site of the work by the foreman or
superintendent in charge thereof.
2. The Employer shall designate the person in his employ who is authorized to order
the hoisting engineer to raise material.
3. At the start of a job the operating engineer shall be consulted as to signaling
devices and there shall be mutual agreement on the method of signaling for the job in
question, which agreed-upon method shall remain in effect until the completion of the
job.
4. All employees covered hereby shall be on the work in ample time to have the
machinery operated by them ready for operation at the usual time at which the other
workmen employed on such work by the Employer shall start work.
5. Engineers shall be closed in and protected from weather and falling material at all
times. An engineer shall not be required to operate a hoisting machine located in the
basement of the building after the fourth floor slab has been finished.
6. Operating engineers shall not do other than engineers work, to wit: fitting up,
dismantling, maintaining, repairing and operating the machinery under their control.
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7. When any employee is directed by the Employer to hoist for another contractor,
the Employer will hold the employee harmless from any and all liability arising
therefrom.
8. An engineer shall hoist only the material of his Employer. If the engineer is
required to hoist for any other contractor and/or subcontractor that does not have an
Agreement with the Union and there exists a jurisdictional dispute with the other
contractor and/or sub-contractor and its employees, hoisting shall only be done by the
mutual consent of the Employer and the Union.
9. On each job on which air compressors, welding machines, welding generators,
lighting generators, or any combination of the foregoing are operated, the following shall
apply to the operation and maintenance of such auxiliary equipment:
(a) One engineer (Local 14) shall operate and maintain a combination of
up to six engine driven compressors and/or six engine driven welding
machines on the same job and shall be employed on the first piece of
equipment.
(b) One engineer (Local 14) shall operate and maintain two engine driven
compressors and two engine driven welding generators and an
unlimited number of electrically driven welding machines on the
same job and shall be employed on the first piece of equipment.
(c) One engineer (Local 14) shall operate and maintain two engine driven
generators and two electrically driven compressors and an unlimited
. number of electrically driven welding machines on the same job and
shall be employed on the first piece of equipment.
(d) On welding operations of four days or less on which one welding
machine is required, no engineer need be employed to operate and
maintain such machine. However, if the Employer does not notify
the Union of its intention to use such machine and its location, then
an engineer shall be required. If in the event of unusual
circumstances, it is determined on the fourth day of such welding
operation that a fifth day is required, upon notice to the Union, no
engineer need be employed to operate and maintain such machine on
that 5th day.
(e) One maintenance engineer (Local 15) shall operate and maintain up to
and including seven lighting generators provided they are used
exclusively for providing illumination.
(f) When equipment such as described in (a), (b), (c) and (e), exceed the
numbers specified respectively in these paragraphs, another engineer
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shall be employed who shall aid in operating and maintaining such
added equipment.
(g) It shall be deemed contrary to these rules to obtain air from sources
not operated by construction employees of the class covered hereby,
but this shall not prevent the use of so-called bottled air.
10. On each job where one or more guy derricks and/or travelers are used, one
maintenance engineer (Local 15) shall be employed whose duties shall be to fuel, oil,
grease and maintain all equipment on the job and who shall be properly qualified to
perform such duties.
11. When a truck crane is moved an apprentice engineer shall be employed in
addition to the engineer to drive such crane and when a tractor crane is moved, an
apprentice engineer shall be employed to assist the engineers. An engineer and an
apprentice engineer employed during the usual working hours of a day and who are
required to move a crane on the same day at other than the usual working hours shall be
paid at the double time rate for the time they are engaged in moving the crane. An
engineer or an apprentice engineer employed to move a crane at other than the usual
working hours and who has not been employed during the usual working hours of that
day shall be paid a minimum of one day’s pay at the double time rate of such service.
12. An apprentice engineer (Local 15) duly qualified to drive a truck crane, shall be
employed to drive each truck crane, and to assist the engineer operating such truck crane.
On all other types of cranes an apprentice engineer or fireman shall be employed to assist
the engineer operating such crane during the time that such crane is used in handling steel
at the job.
13. A crew of a Local 14 engineer and a Local 15 maintenance engineer shall be
employed on all tower cranes, including truck mounted and crawler type.
14. Where piles are being driven or extracted with a vibratory pile driver, an engineer
(Local 14) shall operate the push buttons used to control the operation of the vibratory
hammer when such control and hammer are mounted on the crane or derrick boat; and,
under these conditions the crew shall report one (1) hour before starting time and receive
pay for such hour at the double time rate.
If a vibratory console is separate from the crane or derrick, the crew shall consist
of one (1) Local 14 engineer and one (1) Local 15 apprentice engineer.
15. The within paragraph shall be applicable only to climbing cranes (not including
derricks) and shall have no other application to or bearing upon any other work or pieces
of equipment.
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(a) A crew composed of one member from Local 14 and one member
from Local 15 shall be hired on the first day that erection of the
equipment begins.
(b) The wage rate for Local 14 shall be the equivalent of the long boom
crane operator, i.e., an additional rate of two dollars ($2.00) per hour.
(c) Each member of the crew shall receive no more than one hour per day
climbing time at the double time rate. Climbing time will start when
the equipment is power activated.
(d) If the crew remains in the cab during lunch, they will receive 1/2 hour
wages at the double time rate. If the crew works any time during the
lunch period, they will receive one hour wage at the double time rate.
In case of emergency this clause shall not apply.
(e) In the dismantling of the equipment the crew shall be employed until
power is terminated on the equipment. After the power is terminated
the crew shall remain on the job payroll while the equipment is being
dismantled for at least 40 hours, they shall operate any auxiliary
equipment necessary to dismantle the machines.
16. Master Mechanic
There shall be only one (1) master mechanic on a job site. If there is no Master
Mechanic on a job site when the Employer (Steel Erector) commences work, he shall
employ a Master Mechanic only if and during such time when he employs any four (4)
Local 14-14B Engineers or a combination of five (5) Operating Engineers Local 14 and
15 whichever comes first. In calculating the combination of five (5) Engineers (14 and
15), a minimum of two (2) Engineers from Local 14 must be employed. On one contract
or job site, a Master Mechanic shall be employed by the General Contractor, Owner,
Builder, Owner-Builder, or Construction Manager during the employment of the
combinations of Engineers as stipulated above on a job of $60,000,000 or more or on a
building site where the cost of the total project is $25,000,000 or more.
If the above stipulated combinations of Operating Engineers, who are under the
jurisdiction of Local 14 and Local 15 as set forth in this Agreement are employed by a
Contractor, orany combination of Contractors on the same job, a Master Mechanic must
be employed by the General Contractor, Owner, Builder, Owner-Builder, or Construction
Manager. The Employer covered by this Agreement herein agrees not to proceed with
any of its work, which is under the jurisdiction of Local 14, until said General Contractor,
Owner, Builder, Owner-Builder, or Construction Manager employs and assumes the
compensation for said Master Mechanic. The word “job” as used herein means a site
and/or portion thereof upon which a planned improvement will be constructed.
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Overtime will be paid to the Master Mechanic when any one man under this
Agreement is receiving overtime. The Master Mechanic shall be paid only for hours
worked on the job site in accordance with the provisions of this Agreement. The Master
Mechanic will not receive compensation for any off site overtime, i.e., travel time, work
not directly performed by the Master Mechanic.
The hours worked per day by the Master Mechanic shall not exceed fifteen (15)
hours unless in an emergency and at the request of the Employer.
On a job where Operating Engineers under the supervision of the Master
Mechanic work in excess of twenty (20) hours per day for a duration of more than one (1)
week, a second Master Mechanic shall be employed. The second Master Mechanic shall
work and be compensated for the hours of employment of Operating Engineers not
covered by the first Master Mechanic. A second Master Mechanic shall be paid for not
less than seven (7) hours in accordance with the provisions of this Agreement.
Where a Master Mechanic is employed by the General Contractor, Owner,
Builder, Owner-Builder, or Construction Manager resulting from the combinations
stipulated above employed under a combination of agreements, the working conditions of
the Master Mechanic shall be determined by the Agreement covering the majority of
Engineers employed.
The Master Mechanic shall be designated by the Union, subject to the approval of
the General Contractor, Owner, Builder, Owner-Builder or Construction Manager and
will be responsible for the performances of their duties by the Engineers, Maintenance
Engineers, Junior Engineers, Firemen, Apprentice Engineers and Oilers. He shall operate
a machine in emergencies only and then only until such time as the services of an
Operating Engineer can be obtained.
On jobs requiring a Master Mechanic, a pre-job conference will be held, at which
time the Union shall designate the Master Mechanic, subject to the approval of the
contractors.
(a) Allied Building Metal Industries, Inc., will recognize that any and all
Local 14-14B and Local 15 members employed on a job site will count
toward the Master Mechanic count regardless of who employs them
and regardless of the type of work being performed, i.e., Heavy
Construction, Steel Erection, Mason Contractors, etc., except as
stipulated below. Furthermore, Allied Building Metal Industries, Inc.,
will agree that no work will proceed unless and until the provisions
regarding the Master Mechanic are met.
(b) Certain conditions shall be recognized in determining whether a
Master Mechanic will be employed:
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* Members of Local 15D shall not be counted towards the
Master Mechanic.
* Trainees shall not count towards the count for the Master
Mechanic.
* Oilers/Maintenance Engineers shall not count towards the
Master Mechanic when they are the second man on a piece of
equipment.
* On all multiple manned equipment, only one (1) man, the
operator shall count towards the Master Mechanic.
* On temporary heat, only one (1) Local 15 Engineer will count
towards the Master Mechanic no matter how many are
employed to maintain temporary heat.
* Regarding well points and deep wells, only one (1) Engineer on
such system(s) on a job site will count towards the Master
Mechanic.
* Engineer(s) manning electric sump pumps will not count
towards the Master Mechanic.
* A Relief Engineer (Local 14) assigned to a job who covers more
than one (1) rig shall count towards the Master Mechanic.
(c) The Master Mechanic so employed shall receive six dollars and fifty
cents ($6.50) per day more wages than the highest paid Engineer on
the job payroll of the Employer. On each job of the Employer that is
located in the territorial jurisdictions of both Local Unions 14 and 15
and another Local Union of the International Union of Operating
Engineers on which five (5) or more Operating Engineers are
employed on any one shift by one (1) Employer, a Master Mechanic
shall be employed by such Employer from Local Union 14.
17. Hydraulic Cranes
An Engineer (Truck Crane/Oiler rate), Local 15, shall be employed on all
hydraulic cranes over 70,000 pounds G.V.W. in addition to an Operating Engineer, Local
14; such cranes up to and including 70,000 pounds G.V.W. shall be manned by one (1)
employee, a Local 14 Operating Engineer.
to
18. Scissor Lift Trucks
Scissor Lift Trucks, when used as a scaffold or welding platform; to hoist plates,
angles, bolts, welding supplies or other material used for steel connection and equipment
used in connection therewith, shall not be manned by an Operating Engineer. When a
Scissor Lift Truck is used to hoist structural steel, it will be manned by an Operating
Engineer.
19. Where an Employer is operating any combination of three (3) or more of the
following pieces of equipment on a job site: any tower crane, any derrick (regardless of
boom length) and/or crane with more then 150 feet of boom, there shall be employed a
relief engineer who shall be paid the basic Operating Engineer wage rate for such
equipment. Such relief engineer shall not receive pay for climbing time or additional pay
as set forth in Section 10 (E) of this Agreement.
20. An Auxiliary Engineer, Local 14 shall be employed on all “moogs”.
SECTION 10. LOCAL14 WAGE RATES AND FRINGE BENEFIT STAMP
Effective 7/1/12, the following wage rates shall be paid to employees in the job
classifications listed for the periods specified:
A. The rate for the Engineer on the Triple Drum Hoist or Guy Derrick or
Traveler shall be as follows:
$70.50’
+$2.94*
+$2.94*
+$2.94*
+$2.94*
+$2.94*
July 1, 2012 to June 30, 2013:
July 1, 2013 to June 30, 2014:
July 1, 2014 to June 30, 2015:
July 1, 2015 to June 30, 2016:
July 1, 2016 to June 30, 2017:
July 1, 2017 to June 30, 2018:
B. The rate for Engineers Operating Hoist Equipment (Cranes, Two Drum
Derricks, Hydraulic Cranes, Fork Lifts) shall be as follows:
July 1, 2012 to June 30, 2013:
July 1, 2013 to June 30, 2014:
July 1, 2014 to June 30, 2015:
July 1, 2015 to June 30, 2016:
July 1, 2016 to June 30, 2017:
July 1, 2017 to June 30, 2018:
$67.71’
+$2.86*
+$2.86*
+$2.86*
+$2.86*
+$2.86*
C. The rate for Engineers on Auxiliary Equipment (Compressors, Moogs, Welding
Machines) shall be as follows:
1 It is agreed that Local 14 shall have the right to reallocate a portion of the wage increase which became
effective on July 1, 2012 to fringe benefit contributions.
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| July 1, 2012 to June 30, 2013: July 1, 2013 to June 30, 2014.; July 1, 2014 to June 30, 2015: July 1, 2015 to June 30, 2016: July 1,2016 to June 30, 2017: July 1, 2017 to June 30, 2018: |
$39.861 +$2.05* +$2.05* +$2.05* +$2.05* +$2.05* |
| For Auxiliary Engineers on public jobs who operate compressor(s) only which are not | |
| combined with welding machines. July 1, 2012 to June 30, 2013: July 1, 2013 to June 30, 2014: July 1, 2014 to June 30, 2015: July 1, 2015 to June 30, 2016: July 1,2016 to June 30, 2017: July 1, 2017 to June 30, 2018: |
$37.931 +$1.99* +$1.99* +$1.99* +$1.99* +$1.99* |
(*) It is agreed that Local 14 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.
D. Fringe Benefit Stamp
July 1,2012 to June 30, 2013: $30.43 per hour, (subject to
adjustment in accordance with
footnote 1 above.)July 1, 2013 to
June 30, 2014:To be determined in
accordance with (*) above.
| July 1, 2014 to June 30, 2015: | To be determined in accordance with (*) above. To be determined in accordance with (*) above. To be determined in accordance with (*) above. To be determined m accordance with (*) above. |
| July 1, 2015 to June 30, 2016: | |
| July 1, 2016 to June 30, 2017: | |
| July 1, 2017 to June 30, 2018: | |
| E. | Operating Engineers shall receive additional pay of: |
1. One dollar and seventy five cents ($1.75) per hour when operating a crawler or
truck crane with a boom (including a jib) of 100 feet, but less than 150 feet. The length
of the boom will be measured from pin to pin.
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2. Two dollars ($2.00) per hour when operating a crawler or truck crane with a
boom (including jib) of 150 feet, but less than 250 feet. The length of the boom will be
measured from pin to pin.
3. Two dollars and twenty five cents ($2.25) per hour when operating a crawler or
truck crane with a boom (including jib) of 250 feet, but less than 350 feet. The length of
the boom will be measured from pin to pin.
4. Two dollars and seventy five cents ($2.75) per hour when operating a crawler or
truck crane with a boom (including jib) of 350 feet, but less than 450 feet. The length of
the boom will be measured from pin to pin.
5. An amount equal to one hour’s straight time pay per day when they are required to
have their hoists warmed up and running by 8 o’clock, when such hoist is located on the
twelfth floor or higher of a tier building.
SECTION 11. LOCAL 14-14B FRINGE BENEFIT FUNDS
A. Pension Fund
1. For each hour worked by each employee covered by this Agreement, the Employer
shall make contributions to the Local 14-14B Pension Fund as follows:
Effective 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
Effective 7/1/15 through 6/30/16:
Effective 7/1/16 through 6/30/17:
Effective 7/1/17 through 6/30/18:
$5.45per hour. (Subject to
adjustment in accordance with the
provision of Section 10, footnote 1
of this Agreement.)
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
13
2. No contributions shall be made on the premium portion of double time or
overtime hours so that if any employee works fifty (50) hours, as an example, the
employer contribution shall be fifty (50) times the rate stated above.
3. For the purpose of this sub-section, Local 14-14B 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
Local 14-14B 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 Local 14-
14B Pension Fund at such times as designated by the Trustees of the Fund.
5. 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.
6. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
B. Welfare Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the Local 14-14B Welfare Fund as follows:
Effective 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
Effective 7/1/15 through 6/30/16:
Effective 7/1/16 through 6/30/17:
$7.70 per hour. (Subject to
adjustment in accordance with the
provisions of Section 10, footnote 1
of this Agreement.)
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
14
Effective 7/1/17 through 6/30/18: An amount as determined in
accordance with the provisions of
Section 10 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) 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, Local 14-14B 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
Local 14-14B 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 Local 14-
14B Welfare Fund at such times as designated by the Trustees of the Fund.
5. The 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 said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
C. Annuity Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to a qualified Annuity Fund as follows:
Effective 7/1/12 through 6/30/13: $10.00 per hour. (Subject to
adjustment in accordance with the
provisions of Section 10, footnote 1
of this Agreement.)
Effective 7/1/13 through 6/30/14: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
Effective 7/1/14 through 6/30/15: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
Effective 7/1/15 through 6/30/16: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
15
Effective 7/1/16 through 6/30/17: An amount as determined
accordance with the provisions
Section 10 of this Agreement.
in
of
Effective 7/1/17 through 6/30/18: An amount as determined
accordance with the provisions
Section 10 of this Agreement.
in
of
2. Contributions shall be made on the premium portion of overtime paid 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, Local 14-14B 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
Local 14-14B 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 Local 14-
14B Annuity Fund at such times as designated by the Trustees of the Fund.
5. The 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 said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law and which is hereby incorporated
by reference and made part hereof.
D. Voluntary Annuity Fund
| 1. | For each hour paid to each employee covered by this Agreement, the Employer |
| shall make contributions to a qualified Voluntary Annuity Fund as follows: | |
| Effective 7/1/12 through 6/30/13: | $4.50 per hour. (*) (Subject to adjustment in accordance with the |
provisions of Section 10, footnote 1
of this Agreement.)
| Effective 7/1/13 through 6/30/14: | An amount as determined in accordance with the provisions of Section 10 of this Agreement. An amount as determined in |
| Effective 7/1/14 through 6/30/15: |
accordance with the provisions of
Section 10 of this Agreement.
16
Effective 7/1/15 through 6/30/16: An amount as determined
accordance with the provisions
Section 10 of this Agreement.
in
of
Effective 7/1/16 through 6/30/17: An amount as determined
accordance with the provisions
Section 10 of this Agreement.
in
of
Effective 7/1/17 through 6/30/18: An amount as determined
accordance with the provisions
Section 10 of this Agreement.
in
of
(*) [includes $.05 or such other amount which may be voluntarily allocated to the
Local 14-14B Voluntary Political Action Committee (VPAC).]
2. Contributions shall be made on the premium portion of overtime paid 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. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Voluntary 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 Local 14-14B Voluntary Annuity Fund at such times as designated by
the Trustees of the Fund.
4. The 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.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law and which is hereby incorporated
by reference and made part hereof.
E. Training and Retraining Fund, Local14-14B
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to an appropriate, qualified Trust as follows:
| Effective 7/1/12 through 6/30/13: | $1.00 per hour. (*) (Subject to adjustment in accordance with the |
provisions of Section 10, footnote 1
of this Agreement.)
Effective 7/1/13 through 6/30/14: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
17
Effective 7/1/14 through 6/30/15: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
Effective 7/1/15 through 6/30/16: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
Effective 7/1/16 through 6/30/17: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
Effective 7/1/17 through 6/30/18: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
(*) Fifteen cents ($.15) per hour of this contribution will be used to meet the
demands set forth by the United States Government under Title VII and the United States
District Court for the purpose of training and retraining minority members described in
said order. Active members of Local 14-14B, pursuant to the order of the Federal Court,
shall be able to participate in this training and retraining program in recognition of their
existing contribution of Eighty Five cents ($.85) per hour. The total contribution of One
Dollar ($1.00) per hour shall be included in the Fringe Benefit Stamp.
2. Contributions shall be made on the premium portion of overtime paid 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. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Training 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 Local 14-
14B Training Fund at such times as designated by the Trustees of the Fund.
4. The Employer contributions shall be used exclusively to provide retraining and
apprenticeship 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.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
F. Defense Assessment
1. Commencing July 1, 2012 and continuing through June 30, 2018, the Employer
agrees that there will be deducted from the economic package paid to each employee
working under the jurisdiction of Local 14-14B the sums listed herein, which sums
constitute part of each employee’s Defense Assessment, and shall remit the same to the
Union. The Union agrees to indemnify and hold harmless the Employer from any and all
claims and/or actions arising out of such deduction.
18
Effective 7/1/12 through 6/30/13: $.05 per hour. (Subject to adjustment
in accordance with the provisions of
Section 10, footnote 1 of this
Agreement.)
Effective 7/1/13 through 6/30/14: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
Effective 7/1/14 through 6/30/15: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
| Effective 7/1/15 through 6/30/16: | An amount as determined in accordance with the provisions of |
Section 10 of this Agreement.
| Effective 7/1/16 through 6/30/17: | An amount as determined in accordance with the provisions of |
Section 10 of this Agreement.
Effective 7/1/17 through 6/30/18: An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
2. Deductions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the deduction shall be sixty (60) times the rate stated above.
3. The Employer shall remit the above stated deduction to the Union. The method
of remittance shall be by paying such sums over to the Office of Local 14-14B by means
of purchase of consolidated stamps to be issued to all employees.
SECTION12. LOCAL 14-14B UNION DUES CHECK-OFF
1. The Employer shall deduct from the economic package paid to the employees
working under the jurisdiction of Local 14-14B, the following sums which constitute part
of each employee’s Union dues:
Effective 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
$1.73 for each hour paid. (Subject to
adjustment in accordance with, the
provisions of Section 10, footnote 1
of this Agreement.)
Such sums as shall be certified from
time to time by the Financial
Secretary of the Union.
Such sums as shall be certified from
time to time by the Financial
Secretary of the Union.
19
Effective 7/1/15 through 6/30/16:
Effective 7/1/16 through 6/30/17:
Effective 7/1/17 through 6/30/18:
Such sums as shall be certified from
time to time by the Financial
Secretary of the Union.
Such sums as shall be certified from
time to time by the Financial
Secretary of the Union.
Such sums as shall be certified from
time to time by the Financial
Secretary of the Union.
2. Deductions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the deduction shall be sixty (60) times the rate stated above.
3. The Employer shall remit the above-stated deductions to the Union. The method
of remittance shall be by paying such sums over to the Office of Local 14-14B Voluntary
Annuity and Annuity Funds by means of purchase of consolidated stamps to be issued to
all employees. It is mutually agreed that the employee assignments authorizing the
aforementioned check-off shall be in blanket form and filed in the Fund Office of the
Local 14-14B Voluntary Annuity and Annuity Funds. The Union agrees to indemnify
and hold harmless the Employer from any and all claims and/or actions arising from such
deduction.
SECTION 13. LOCAL 15 WAGE RATES AND FRINGE BENEFIT STAMP
Effective 7/1/12, the following wage rates shall be paid to employees in the job
classifications listed for the periods specified:
A. Maintenance Engineer
| 7/1/12 through 6/30/13: 7/1/13 through 6/30/14: 7/1/14 through 6/30/15: 7/1/15 through 6/30/16: 7/1/16 through 6/30/17: 7/1/17 through 6/30/18: |
$55.44 per hour. +$2.52 per hour. (*) +$2.52 per hour. (*) +$2.52 per hour. (*) +$2.52 per hour. (*) +$2.52 per hour. (*) |
B. Oiler
7/1/12 through 6/30/13
7/1/13 through 6/30/14:
7/1/14 through 6/30/15:
7/1/15 through 6/30/16;
7/1/16 through 6/30/17:
7/1/17 through 6/30/18:
$51.92 per hour.
+$2.42 per hour. (*)
+$2.42 per hour. (*)
+$2.42 per hour. (*)
+$2.42 per hour. (*)
+$2.42 per hour. (*)
C. Oiler on Crawler (Caterpillar) Crane Only
7/1/12 through 6/30/13: $39.69 per hour.
20
7/1/13 through 6/30/14:
7/1/14 through 6/30/15:
7/1/15 through 6/30/16:
7/1/16 through 6/30/17:
7/1/17 through 6/30/18:
+$2.06 per hour. (*)
+$2.06 per hour. (*)
+$2.06 per hour. (*)
+$2.06 per hour. (*)
+$2.06 per hour. (*)
(*) It is agreed, that Local 15 shall have the right to allocate these total economic
packages between wage rates and fringe benefit contributions after notifying the
Association in writing sixty (60) days before said allocations are to become effective.
D. Fringe Benefit Stamp
| 7/1/12 through 6/30/13: 7/1/13 through 6/30/14: ‘ |
$31.12 per hour. To be determined in accordance with (*) above. To be determined in accordance with (*) above. To be determined in accordance with (*) above. To be determined in accordance with (*) above. To be determined in accordance with (*) above. |
| 7/1/14 through 6/30/15: | |
| 7/1/15 through 6/30/16: | |
| 7/1/16 through 6/30/17: | |
| 7/1/17 through 6/30/18: |
SECTION 14. LOCAL 15 FRINGE BENEFIT FUNDS
A. Welfare Fund
1. 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 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
Effective 7/1/15 through 6/30/16:
Effective 7/1/16 through 6/30/17:
$6.75 per hour.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
21
| Effective 7/1/17 through 6/30/18: | An amount as determined in accordance with the provisions of |
Section 13 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 15 and 15A 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
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.
5. The 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. 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 Disability Benefits Law.
6. The Welfare Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
B. Pension Fund
1. 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 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
Effective 7/1/15 through 6/30/16:
$6.40 per hour.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance ‘ with the provisions of
Section 13 of this Agreement.
22
| Effective 7/1/16 through 6/30/17: | An amount as determined in accordance with the provisions of Section 13 of this Agreement. An amount as determined in |
| Effective 7/1/17 through 6/30/18: |
accordance with the provisions of
Section 13 of this Agreement.
2. No contributions shall be made on the premium portion of double time or
overtime hours so that if an employee works fifty (50) hours, as an example, the
employer contribution shall be fifty (50) times the rate stated above.
3. For the purpose of this sub-section, Locals 15 and 15A 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
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.
5. The 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 said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
C. Annuity Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the Joint International Union of Operating Engineers, Locals
15, 15A Annuity Fund (“Annuity Fund”) as follows:
Effective 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
Effective 7/1/15 through 6/30/16:
$11.00 per hour.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
23
Effective 7/1/16 through 6/30/17: An. amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
Effective 7/1/17 through 6/30/18: An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
2. Contributions shall be made on the premium portion of overtime paid 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 15 and 15A 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
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.
5. The 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 said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
D. Vacation Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the Vacation Fund of the International Union of Operating
Engineers, Local Unions No. 15, 15A, 15D (“Vacation Fund”) as follows:
Effective 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
Effective 7/1/14 through 6/30/15:
Effective 7/1/15 through 6/30/16:
$3.30 per hour (*)
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement. (*)
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement. (*)
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement. (*)
24
| Effective 7/1/16 through 6/30/17: | An amount as determined accordance with the provisions Section 13 of this Agreement. (*) An amount as determined in of in |
| Effective 7/1/17 through 6/30/18: |
accordance with the provisions
Section 13 of this Agreement. (*)
of
(*) [includes $.05 or such other amount which may be voluntarily allocated to the
Local 15-15A Voluntary Political Action Committee (VPAC).]
2. Contributions shall be made on the premium portion of overtime paid 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. The required Employer contributions shall be paid in stamps purchased 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.
4. The 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.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
E. Apprentice Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the International Union of Operating Engineers, Local Unions
No. 15, 15A, 15D Apprenticeship, Skill Improvement and Safety Fund (“Apprentice
Fund”) as follows:
Effective 7/1/12 through 6/30/13:
Effective 7/1/13 through 6/30/14:
$.50 per hour.
An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
Effective 7/1/14 through 6/30/15: An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
Effective 7/1/15 through 6/30/16: An amount as determined in
accordance with the provisions of
Section 13 of this Agreement.
25
| Effective 7/1/16 through 6/30/17: | An amount as determined in accordance with the provisions of Section 13 of this Agreement. An amount as determined in |
| Effective 7/1/17 through 6/30/18: |
accordance with the provisions of
Section 13 of this Agreement.
2. Contributions shall be made on the premium portion of overtime paid 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. The required Employer contributions shall be paid in stamps purchased from 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.
4. 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.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
SECTION 15. LOCALS 15, 15A, 15C, 15D UNION DUES CHECK-OFF
1. The Employer shall deduct from the wages of (economic package paid to) the
employees working under the jurisdiction of Local 15, the following sums which
constitute part of each employee’s Union dues:
| Effective 7/1/12 through 6/30/13: Effective 7/1/13 through 6/30/14: |
$1.92 for each hour paid. Such sums as shall be certified from time to time by the Financial Secretary of the Union. |
—ka— Effective 7/1/14 through 6/30/15: Such sums as shall be certified from
time to time by the Financial
Secretary of the Union.
| Effective 7/1/15 through 6/30/16: | Such sums as shall be certified from time to time by the Financial |
Secretary of the Union.
| Effective 7/1/16 through 6/30/17: | Such sums as shall be certified from time to time by the Financial Secretary of the Union. Such sums as shall be certified from |
| Effective 7/1/17 through 6/30/18: |
time to time by the Financial
Secretary of the Union.
26
2. Deductions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the deduction shall be sixty (60) times the rate stated above.
3. 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.
4. The Employer shall remit the above-stated deductions to the Union. The method
of remittance shall be by paying such sums over to the said Fund Office by means of
purchase of consolidated stamps.
5. The Union agrees to indemnify and hold harmless the Employer and the
Association from any and all claims, actions and/or proceedings arising out of said dues
check-off.
SECTION 16. TRUST FUND PROTECTION
1. The Employer shall make available to the auditors of the Funds specified in
Sections 11, 14 and 15 of this Agreement, 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 has made the
contributions it is obligated to make pursuant to this Agreement.
2. The Employer shall furnish the Trustees of the Funds specified in Sections 11, 14
and 15 of this Agreement 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.
3. Failure to pay contributions or to provide reports or records in 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, without further 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 contrary
notwithstanding, and the defaulting Employer must pay to 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.
4. 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 11,14 and 15 or in
connection with any of the provisions of this Section 16, and such dispute has to be
resolved by arbitration in accordance with the provisions of Section 4, the expense of the
arbitration procedure shall be borne equally by the Employer and the Union except that,
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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.
5. 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’ fees of 20% which the parties agree is a
reasonable collection charge, and liquidated damages in amount of 20% of the monies
owing.
6. 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.
SECTION 17. EQUAL EMPLOYMENT OPPORffiUNITY
.
.
“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 riot limited to recruitment, hiring,
compensation training and apprenticeship, promotions, upgrading, demotion,
downgrading, transfer, layoff and termination, and all other terms and conditions of
employment.
SECTION 18. 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.
SECTION 19. SICK LEAVE
The Unions expressly waives any right to paid sick leave for the employees
covered by this agreement as set forth in any legislation enacted by the City of New
York.
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SECTION 20. 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 and conditions
that will assist Association members when bidding for work against non-union
contractors.
SECTION 21. CURRENTLY EMPLOYED ENGINEERS
The changes in work rules as delineated in this agreement shall not be used to
displace any currently employed Engineer. The term currently employed Engineer
includes all Engineers who were employed as of June 30, 2012.
SECTION 22. DURATION AND TERMINATION
This Agreement shall become effective as of July 1, 2012, and shall remain in full
force and effect until midnight, June 30, 2018, 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.
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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 14 – 14B:
President & Business Manager
INTERNATIONAL UNION OF
OPERATING ENGINEERS
LOCAL 15 – 15A:
Daniel J. Schneider
Acting President &
Business Manager
ALLIED BUILDING METAL
Lawrence Weiss
President