Allied Local Union 580 CBA 7.1.2018 thru 6.30.2023

AGREEMENT BETWEEN ALLIED BUILDING METAL INDUSTRIES, INC. AND ARCHITECTURAL AND ORNAMENTAL IRON WORKERS LOCAL UNION NO. 580 July 1, 2018 through June 30, 2023 NUMERICAL INDEX Page I. Preamble and Purpose 1 II. Recognition/Bargaining Agent 1 III. Union Security 2 IV. Union Contracts 2 V. Territory Covered 2 VI. Work Covered 2 VII. Employment Procedure 4 VIII. Hours of Work 4 IX. Holidays and Overtime 7 X. Wage Rates 8 XI(A). Wage Conditions 12 XI(B). Package Redistribution 12 XI(C). Check-Off 13 XII. Reporting Time 13 XIII. Traveling Expenses 14 XIV. Foremen 14 XV. Steward 15 XVI. Work Limitation 15 XVII. Tools 15 XVIII. Workers’ Compensation 16 XIX. Business Representative 16 XX. Subcontracting 16 XXI. Apprentices 16 XXII. Probationary Iron Workers 17 XXIII. Grievance and/or Arbitration Procedures 18 XXIV. Vacation, Pension, Insurance, Annuity and Scholarship Funds 19 XXV. The Ornamental Metal Institute of New York Fund 21 XXVI. Apprentice-Journeyman Educational Fund 21 XXVII. Local 580 Labor Management Promotion Fund 22 XXVIII. The Ironworker Management Progressive /Action 22 Cooperative Trust (“IMPACT”) XXIX. International Organizing Fund 23 XXX. Trust Fund Protection 23 XXXI. Strikes and Lockouts 25 XXXII. Protection of Union Principles 26 XXXIII. Union Members as Contractors 26 XXXIV. Adherence to the Agreement 26 XXXV. Record Keeping 26 XXXVI. Severability and Saving Clause 27 XXXVII. Male Gender 27 XXXVIII. Equal Employment Opportunity 27 XXXIX. Safety Provisions 27 XL. Sick Leave, Temporary Changes to Work Schedules 27 XLI. Project Labor Agreements 27 XLII. Term of Agreement 28 ii ALPHABETICAL INDEX Page Adherence to the Agreement 26 Appendix “A” viii Apprentice-Journeyman Educational Fund 21 Apprentices 16 Business Representative 16 Check-Off 13 Employment Procedure 4 Equal Employment Opportunity 27 Foremen 14 Grievance and/or Arbitration Procedures 18 Holidays and Overtime 7 Hours of Work 4 Local 580 Labor Management Promotion Fund 22 Male Gender 27 Ornamental Metal Institute of New York Fund 21 Package Redistribution 12 Preamble and Purpose 1 Project Labor Agreements 28 Protection of Union Principles 26 Recognition 1 Record Keeping 26 Reporting Time 13 Rider “A” vii Safety Provisions 27 Schedule “A” i Severability and Saving Clause 27 Sick Leave Temporary Changes to Work Schedules, 27 Steward 15 Strikes and Lockouts 25 Subcontracting 16 Term of Agreement 28 Territory Covered 2 The Ironworker Management Progressive Action Cooperative Trust ( “ IMPACT”) 22 The Ornamental Metal Institute of New York Fund 21 Tools 15 Traveling Expenses 14 Trust Fund Protection 23 Union Contracts 2 Union Security 2 Union Members as Contractors 26 Vacation, Pension, Insurance, Annuity & Scholarship Funds 19 Wage Conditions 12 Wage Rates 8 Work Covered 2 iii Work Limitation 15 Workers’ Compensation 16 LOCAL UNION NO. 580 AGREEMENT (Effective July 1, 2018 – June 30, 2023) I. PREAMBLE AND PURPOSE THIS AGREEMENT is made and entered into effective July 1, 2018, by and between ALLIED BUILDING METAL INDUSTRIES, INC., including its successors or assigns (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”) including their successors and assigns and including in such term such companies that may hereafter become members of the Association, and ARCHITECTURAL AND ORNAMENTAL IRON WORKERS LOCAL UNION NO. 580 OF THE INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS affiliated with the AFL-CIO (hereinafter referred to as the “Union,” “Local Union No. 580,” or “Local 580”). This Agreement is entered into by collective bargaining to prevent strikes and lockouts and to facilitate peaceful adjustment of grievances and disputes between Employer and Union in this trade and to prevent waste, unnecessary and avoidable delays and expense, and, so far as possible, to provide for labor’s continuous employment, such employment to be in accordance with the conditions herein set forth and at wages herein agreed upon; also, that stable conditions may prevail in the building industry and building costs may be as low as possible, consistent with fair wages and conditions, and, further the establishment of the necessary procedures by which these ends may be accomplished. It is agreed that the jurisdiction of work covered by this Agreement is that provided for in the charter grant issued by the American Federation of Labor to the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, it being understood that the claims are subject to trade agreements as well as the decisions and awards rendered by the Building Trades Employers’ Association of the City of New York made pursuant to the Joint Trade Arbitration Plan of the New York Building Trades adopted July 9, 1903 with respect to all jurisdictional disputes which may arise under this Agreement. II. RECOGNITION/BARGAINING AGENT A. Inasmuch as the Union has submitted proof and the Employer is satisfied that the Union represents a majority of its employees in the bargaining unit described herein, the Employer recognizes the Union as the exclusive bargaining agent for its employees in the performance of work covered by this contract for the purpose of bargaining collectively as to wages, hours and other conditions of employment. B. In order to protect and preserve for the employees covered by this Agreement all work historically and traditionally performed by them, and in order to prevent any device or subterfuge to avoid the protection or preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work on a job site of the type covered by this Agreement as a single or joint Employer, a successor to a signatory company and/or alter ego of a signatory to the Agreement (which shall be interpreted by the impartial arbitrator pursuant to applicable NLRB and judicial principles) within the trade or territorial jurisdiction of the Union, under its own name or under the name of another, as a corporation, sole proprietorship, partnership, or any other business entity including a joint venture, wherein the Employer (including its officers, directors, owners, partners, or stockholders) exercises either directly or indirectly (such as through family members) controlling or majority ownership management or control over such other entity, the terms and conditions of this 2 Agreement including but not limited to the arbitration, wage and fringe benefit provisions of this Agreement, shall be applicable to all such work performed on or after the effective date of this Agreement. The foregoing shall not be interpreted to apply to separate Employer situations. It is not intended that this Article be the exclusive source of rights or remedies which the parties may have under State or Federal laws. III. UNION SECURITY All employees who are members of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers on the execution date of this Agreement shall be required to remain members of the International Association in good standing as a condition of employment during the term of this Agreement. All other employees may be required at the option of the Union to become and remain members of the Union in good standing as a condition of employment from and after the eighth day following dates of their employment or the execution date of this Agreement, whichever is later. IV. UNION CONTRACTS The Union will not furnish any employees to the Employer until and unless signed copies of the trust fund Agreements between the Union and the Employer are filed with the trust fund office within fifteen (15) days after the Employer is furnished with employees. V. TERRITORY COVERED The territory covered by this Agreement shall be known as the Metropolitan District, and shall embrace the Boroughs of Manhattan, Bronx, Brooklyn, Richmond and Queens in the City of New York and Westchester, Suffolk and Nassau Counties, in the State of New York. VI. WORK COVERED The Employer agrees that it will employ Architectural and Ornamental Iron Workers on the handling from the arrival at the site of the job and on the erection of, including but not limited to, the following items of work: All iron, steel, bronze, aluminum, stainless, brass, copper, porcelain, ferrous and non-ferrous metals as used in the fabrication and for the erection of all Architectural, Ornamental and Miscellaneous Iron work. Aluminum, cast and cast-iron components of all stair, treads, handicap stair lifts (acorn etc.) Interior and exterior stairs and stair components, slab covers, fire escapes, catwalks, gratings, shelf angles, pipe railings and hand railings; ladders, ship ladders, bridge and overpass railings, when not erected with structural steel; trench frames and plates, facia plates, brackets, saddles, wainscoting, monorails, ovens, pans, stacks or flues over 10 gauge, scales, sun shades, subway ventilators and frames, rolling shutters, grills and doors, overhead and pier doors, fire doors, louvres, pallet and other type racks, protective shield walls, radiation rooms, lead bricks and walls, lead sheeting, flag and other poles set by any means, tray rails, counter display cases, display cases used in schools and lobbies, marquees and canopies, spandrels, skylights, including but not limited to steel skylights, expanded metal, wire and fibrous rope work of all descriptions, veltran polymer fiber ropes and cables, polycarbon material for hanging sculpture and art work gates, door bucks and doors, store fronts and entrances, chain link plastic, synthetic and picket fences, ornamental post and chain barrier fence, flower bed fence, fence framework, guide rails, barrier rails, expansion joints and plates, gym and playground equipment, plastic playground equipment, metal wardrobes, lockers, shelving, library stacks, book stacks, hospital and laboratory cabinets and equipment, metal furniture, panel and work 3 stations, space concepts and modified furniture, jail and cell work including beds, benches, bunks, chairs, tables, mirrors, access doors, locks, plastic and metal furniture, and all metal ceilings in jail cells, mail and other chutes, balcony rails and dividers, elevator bucks, elevator rail supports, elevator divider framing, elevator wall support steel, elevator buck supports, dust covers, fronts and doors and hardware, lettering, toilet partitions, enclosures, jetways, blast fences, explosion proof cable blankets, security bomb blast clips, channels and angles; plastics, vinyl plastic handrails, porcelain panels, interior and exterior metal curbing, automatic doors, including but not limited to automatic revolving and sliding doors including their repair, replacement and replacement of components, cornices, firing range equipment, stabilizer clips, toll booths, supports for E-Z Pass tolls, vinyl plastic grating, agent and ticket booths, amusement equipment, atriums, awnings, bulkheads, cart lift fronts, column covers, coping, docks and dock levelers, duct supports, electrical supports, escalator trim, greenhouses, Geodesic and other domes, pavilion sheds, guardhouses, guards, guard cables, girders, hoppers, metal seats, seating, bench seats, modular buildings, ornamental space frames, panic devices and locks, pipe supports, plaques, platforms, poster frames, plate pit liners, radiator enclosures, revolving doors, room dividers, security doors, shoring, sills and sill plates, slope walls, smoke baffles, smoke plates, soffits, sound barriers, sound deflection panels and components, target ranges, target range baffles, turnstiles, unistrut canopies, window cleaning equipment, window washing hooks, window washer tracks, x-ray equipment, x-ray supports and all hardware. All vinyl and plastic ladders, catwalks, beams, columns, channels, handrails, column covers, stairs, grating, all light gauge metal studs and framing, and Alucobond panels. On highway and roadwork, all headlight blinders including but not limited to rubber, vinyl, plastic seats and benches. Street, highway, airport and any other signs of an architectural, functional or decorative nature. Ornamental weather sheds, service platforms, sun screens. Por Rok-Quick rock, aluminum and steel sub-framing, aluminum framing for terra cotta systems. Bollards that are mechanically fastened; stair bill nosing that is mechanically fastened; architectural wind walls; pre-glazed glass; aluminum fabric plastic and metal covered walkways; bird nuisance nylon netting, stainless steel cable and clips, plastic bird spikescaulked and fastened; car lifts for parking space savers, car ports, solar car ports, car lifts, car rotary lifts, remove fronts. Weir plates — steel and aluminum, corner guards, bumper pads and bumpers, reflectors and deflectors, swimming pool equipment and domes, solarium and roof enclosures, guard rails — all types metal and hanging ceilings, mobiles and permanent statuettes of all types and modern sculpture; exterior and interior panel walls, any metal (cladded), valets (all metal). Curtain wall including unitized systems of any type or combination of materials, as well as solarized, pre-glazed curtain wall and panels, window wall, metal facades, insulated or non-insulated panels, GFRC panels, Reynold Bond panels, factory or field assembled Q panels, metal windows and casings, blinds and pockets, window stools, enclosures, solar panel framing, nano wall and all components operating devices and all sealants and caulking used to seal metal to metal regardless of type of sealant used. Canvas material, canvas coverings, temporary enclosures of curtain wall; seismic and C.M.U. clips and brackets and any substitute system whether or not prefabricated, regardless of the material, including but not limited to fiberglass; P.O. boxes and mailboxes; headlight blinder deflectors; chevron signs and posts; dismantling of stairs and canopies; non-structural steel tubes; round, boxed and rectangular wall grommets; stainless steel cables for suspension of walls; metal temporary stairs; vinyl coated metal handrails; davits and pedestals; kiosks, window guards, safe deposit boxes, brick veneer face panels; crash attenuators. 4 Stage equipment, theatrical rigging, stage lifts, movie screens, acoustical music rooms-door, ceiling and wall panels, traps, scenery lifts, counter weight systems, stage rigging, asbestos or other fire curtains, tracks, turntables, stage wagons. The setting, adjustment, repair and alteration of all metal and preglazed sash. Dismantling of all the above items when it is not to be junked. Removal and restoration of all Ornamental Iron Work and Architectural Metals. Firewatch in connection with the welding or burning of any of the above items. Flagging of trucks for delivery of material installed by Local 580 members. Signaling person when material is installed by Local 580 members. All fibrous and fiberglass material in conjunction with and as substitutes for ornamental and architectural ironwork. Built-in items are not included. However, any fabrication or refabrication including welding, burning or fastening of built-in items at the job site is the work of the Ornamental Iron Worker. The operation and maintenance of welding machines, hi-lo’s and pallet jacks in connection with any of the above items is exclusively within the jurisdiction of the Architectural and Ornamental Iron Workers Local 580. Erection and dismantling of cranes and gantry in connection with erecting curtainwall. Boom lifts, aerial lifts in connection with the installation of Ornamental Iron Work, glass manipulation equipment, electric chain falls, high-lo and forklifts for the unloading and distribution of Ornamental Iron Work or material used in conjunction with Ornamental Iron Work. All concrete drilling, steel, aluminum, sheet metal, plastic, all epoxy fastening HIT-HY 150 fast curing injection systems and related products. Architectural panel installation, fabric roofs, fabric shades, and dunnage steel. Any Employer signatory to this Agreement that contracts for any of the above-enumerated items is required to assign same to Architectural and ornamental iron workers represented by Local Union No. 580. However, if a decision rendered by any recognized tribunal which has authority to do so, awards any of the items of work specified in this Article to another Union, the Employers shall not thereafter be obliged to employ Architectural and ornamental iron workers on the particular job site for that item of work and the decision shall not be applicable to other job sites unless it specifically provides for a broader scope of application. VII. EMPLOYMENT PROCEDURE The Employer may hire any journeyman finisher it requires either directly at the shop or job site, or may call the Union for such employees. The Employer shall have the right to discharge any employees whenever it sees fit except stewards as provided for under this Agreement. VIII. HOURS OF WORK A. Seven (7) hours shall constitute a day’s work between the hours of 8:00 a.m. and 12:00 Noon and between 12:30 p.m. and 3:30 p.m. from Sunday through Saturday inclusive. Provided however, that upon notice to the Union, the Employer shall have the right to alter the starting time on any job to 6:00 a.m., 6:30 a.m., 7:00 a.m., or 7:30 a.m. The aforementioned notice must be given no later than the Thursday immediately preceding the work week during which the flexible schedule shall commence. Such altered hours of work shall remain in effect for a minimum of one (1) work week. 5 B. Time and one-half shall be paid for all work in excess of seven (7) hours, at the end of the work day to a maximum of two (2) hours on any regular work day (the eighth (8th) and ninth (9th) hours of work) and double time shall be paid for all work thereafter. Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. Work on Saturday which commences at times other than the normal hours established for the job from Monday through Friday of that workweek (notwithstanding how such hours were established) shall be paid at the rate of double time. This double time requirement shall not apply when the Employer must work such different hours due to a requirement set forth in a permit. The double time rate shall only be applicable for the hours that do not coincide with the hours scheduled for the job for that work week, not for all the hours worked. This provision shall not be applicable to any hours worked on Saturday in accordance with the special rules set forth in Section VIII.D. All such Saturday hours shall be paid for at the rate of time and one-half. Work on Sundays and Holidays shall be compensated at the rate of double time. Work performed during the mid-day recess as instructed by an authorized employer representative shall be paid for as triple time and men so working shall receive one-half (1/2) hour lunch period. Employees who work beyond two (2) hours of overtime shall receive a coffee break after the ninth hour of work. When a covered employee who has completed his or her regular work day is asked to come back to work starting that evening, such employee shall be paid at the applicable overtime rate for hours worked during that second work interval. C. Notwithstanding any provision to the contrary contained in this Agreement, with regard to “Commercial” projects only, (i) all overtime worked Monday through and including Friday, as well as the first eight (8) hours worked on Saturday, shall be paid at a rate of one and one-half (1½) the regular straight time rate; and (ii) all overtime worked in excess of eight (8) hours on Saturday, as well as all work performed on Sunday and enumerated holidays as set forth in this Agreement, shall be paid at double (2x) the regular straight time rate. For purposes of this Agreement, the following definitions shall apply: i. “Commercial” projects are designed to provide office and/or retail space, warehouse, factory or manufacturing space, or other distinctive structures used in and for business or commerce, but specifically excluding project(s) designed for an institutional or agency purpose. For purposes of this Agreement, common examples of institutional or agency projects include, but are not limited to, hospitals, schools, airports, power plants, and mass transit projects. ii. “Residential/Hospitality” projects are designed to provide temporary or permanent lodging. iii. “Mixed-Use” projects, as designed, reserve at least fifty-one (51%) percent of the usable square footage for a Residential/Hospitality purpose; provided, however, project(s) consisting solely of retail space designed underneath Residential/Hospitality space shall be considered Residential/Hospitality project(s) regardless of the usable square footage allocation. D. When two or three shifts are employed on a job, Monday through Friday, work on the first shift shall be paid at the rate of seven (7) hours pay at the regular straight time rate for seven (7) hours work or eight (8) hours pay at the regular straight time rate for eight (8) hours of work. For work on the second and third shift, Monday through Friday, employees shall be paid eight and onehalf (8 1/2) hours pay at the regular straight time rate for seven (7) hours work or ten (10) hours pay at the regular straight time rate for eight (8) hours work. (The first two hours of overtime work on 6 shifts worked Monday through Friday shall be paid at time and one-half the regular straight time rate. All additional overtime shall be paid at double the regular straight time rate for all hours worked.) The first seven (7) or eight (8) hours worked on shifts which occur on Saturday shall be paid at time and one-half the regular straight time rate. All overtime worked on shifts which occur on Saturday shall be paid at double the regular straight time rate. All shift work which occurs on Sundays or Holidays shall be paid at the rate of double the regular straight time rate. Sixty-five percent (65%) of employees newly hired to work “shift work” shall be hired through the Local 580 Hiring Hall. All remaining employees newly hired for shift work are not required to be hired through the Local 580 Hiring Hall. The Employer, with prior notification to the Union, shall have the option of working two twelve (12) hour shifts in lieu of the three seven (7) hour shifts provided above. In that event the shifts shall commence at Noon to Midnight and Midnight to Noon with Midnight to Noon being the first shift. When twelve (12) hour shifts are utilized each shift shall work twelve (12) hours and the men on such shift shall be paid twenty (20) hours’ pay. When any shift does not complete the full twelve (12) hours on such a job on account of weather or other unforeseen circumstances beyond the control of the employees or Employer, the employees on such shift shall be paid at the rate of one and two-thirds (1 2/3) times the single time rate for hours worked. When twelve (12) hour shifts are worked on Saturday, Sunday or holidays, the men on such shifts shall be paid thirty (30) hours’ pay. When any shift does not complete the full twelve (12) hours on such a job on account of weather or other unforeseen circumstances beyond the control of the employees or Employer, the employees on such shift shall be paid at the rate of two and one-half (2 1/2) times the single time rate for hours worked. E. Notwithstanding anything to the contrary contained in this collective bargaining agreement, upon seventy-two (72) hours’ notice to the Union, on all alteration work on existing or occupied buildings or other facilities which remain in use where the Employer is required to work other than the normal work hours (including flexible hours as set forth in sub-paragraph (a) above), off hours work can be scheduled for any time of the day in accordance with the following: Monday through Friday – employees shall work seven (7) hours for which they will receive eight (8) hours pay at regular straight time rates, all overtime shall be paid at time and one-half the regular straight time rates; Saturday – all work shall be paid at time and one-half the regular straight time rate; Sundays and Holidays – time and one-half the regular straight time rate shall be paid for all work up to seven (7) hours and double time shall be paid for all work thereafter. It is agreed that the term “facilities” shall cover commercial construction, not highway work. With regard to such “off hours” work involving highway guardrails, signs and related work which occurs Monday through Friday employees shall work seven (7) hours for which they shall receive nine (9) hours pay at regular straight time rates. In the event the employees are working an eight (8) hour day as provided in paragraph (F) below, the employees shall be paid for 10 hours at straight time rates for eight (8) hours of work. All overtime, Saturday and Sunday work involving highway guardrails, signs and related work which occurs during “off hours” shall be paid in accordance with the provisions applicable for all other “off hours” alteration and renovation work. When such “off hours” work starts on one calendar day and continues through the following calendar day, the rules applicable at the beginning of the “off hours” work shall be applicable for all hours worked. As an example, if such “off hours” work starts on Friday night at 11:00 pm and continues until 6:30 am on Saturday, the rules applicable for Friday “off hours” work shall be applicable for all seven hours worked. If 7 overtime is thereafter worked, the rules applicable for Friday “off hours” overtime shall be applicable. Similarly, if such “off hours” work starts at 11:00 pm on Sunday night and continues until 6:30 am on Monday, the rules applicable for Sunday “off hours” work shall be applicable for all seven hours worked and any overtime shall be worked under the rules applicable to Sunday “off hours” overtime. F. When working in conjunction with any other organized trade on an eight (8)-hour basis on fence, guardrail and sign structures, the employer may, after notification to, and consent by Local 580, employ Local 580 members on an eight (8) hour basis at straight time rates. When working an eight (8) hour day as set forth herein, time and one-half shall be paid for all work in excess of eight (8) hours at the end of the workday to a maximum of two (2) hours on any regular work day (the ninth (9th) and tenth (10th) hours of work) and double time shall be paid for all work thereafter. [See subparagraph (E) above for rates applicable when such work is performed under the conditions set forth therein.] Notwithstanding the foregoing, when covered Local 580 employees are working on a seven (7)-hour basis in tandem or in a composite crew with another organized trade working on an eight (8)-hour basis, then the Local 580 covered employee(s) shall also be permitted to work on an eight (8)-hour basis at straight time rates. G. Notwithstanding any provision to the contrary contained in this Agreement, with regard to Residential/Hospitality and/or Mixed-Use projects only, employees working second and/or third shifts shall be paid a fifteen (15%) percent premium (as applied to hours) on applicable wage rates and fringe benefit fund contributions (the “Enhanced Rate”). For example, such employees who work forty (40) hours during the workweek shall receive credit, and be paid, for forty-six (46) hours. In this regard, the overtime rate for covered employee(s) working second and/or third shifts shall be based upon the appropriate multiple (one and one-half or double as the case may be) of the Enhanced Rate. H. Notwithstanding any provision to the contrary contained in this Agreement, with regard to Commercial projects only, the employer may declare at the commencement of the construction project that a day’s work shall be eight (8) hours at the regular straight time rate of pay. This provision shall be applicable to jobs that start on or after July 1, 2018, and such conditions shall apply for the duration of the project. I. Notwithstanding any provision to the contrary contained in this Agreement, with regard to Commercial projects only, when severe weather, power failure, natural disaster or similar emergency beyond the control of the Construction Manager prevents any covered work being performed by a Local 580 member on a regularly-scheduled weekday (Monday through and including Friday), the Employer, in its sole discretion, may schedule a Saturday make-up day and such Saturday make-up time worked shall be scheduled and paid at regular straight time rates. There shall be no partial crew make-up days. This provision shall be applied individually to each contractor on a jobsite. IX. HOLIDAYS AND OVERTIME A. The following holidays shall be observed: NEW YEAR’S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING and CHRISTMAS DAY. B. All holidays shall be observed on the day designated by New York State Law. In the absence of such designation it shall be on the traditional calendar day. Any holiday which occurs on 8 a Sunday shall be observed the following Monday. No work shall be performed on Labor Day except to save life or property. C. Overtime shall not be worked except where unavoidable. When there is overtime work to be done on any job, preference must be given to the men who are working regularly on such job. Extra men hired for overtime work must be unemployed if any are available. X. WAGE RATES Effective July 1, 2018 wage rates and contributions shall be increased by $1.25 per hour as set forth in subparagraphs B, C and D below. Thereafter the total economic increases for wage rates and contributions to the Vacation, Pension, Insurance (Welfare), Annuity, Scholarship, Labor Management Promotion, Ironworker Management Progressive Action Cooperative Trust (IMPACT), Ornamental Metal Institute of New York, Apprentice-Journeyman Educational Trust Fund, Supplemental Benefit Fund, and International Organizing Fund, as well as such other Trust Funds as may be created jointly by the Union and the Association, shall be as follows: $1.25 per hour effective 1/1/2019; $1.25 effective 7/1/2019; $1.25 effective 1/1/2020; $1.25 effective 7/1/2020; $1.25 effective 1/1/2021; $1.25 effective 7/1/2021; $1.25 effective 1/1/2022; $1.25 effective 7/1/2022; $1.25 effective 1/1/2023. The union shall have the right to allocate these amounts between increases in wage rates and increases in Employer contributions to the foregoing Trust Funds subject to the following conditions. In each year the Pension and Insurance (Welfare) Trust Funds will receive whatever increased amounts the Actuary states in writing to the Trustees of these Funds are needed to support the then current benefits. The specific distribution of the economic package is further set forth herein. A. FOREMAN Effective July 1, 2018, all Foremen shall receive 3% above the base hourly Finisher’s wage. B. FINISHER July 1, 2018 $ 44.65 per hour C. APPRENTICE; PROBATIONARY IRON WORKER i. The wage rates for all current participants in the Union’s three (3)-year apprentice program as of June 30, 2018 (“Three-Year Apprentices”), shall be on a pro-rata basis, as follows: First four months (1-4 months) 50% of Finisher’s wage Next six months (5-10 months) 50% of Finisher’s wage Next six months (11-16 months) 55% of Finisher’s wage Next six months (17-22 months) 60% of Finisher’s wage Next six months (23-28 months) 70% of Finisher’s wage Last eight months (29-36 months) 80% of Finisher’s wage At the end of 3 years and after examination 100% of Finisher’s wage ii. Effective July 1, 2018, and commencing with the Fall 2018 apprentice class, the Union shall institute a new four (4)-year apprentice program, which shall replace the three (3)-year apprentice program in effect as of June 30, 2018. In addition, the 9 Union shall institute a new one (1)-year probationary iron worker program effective July 1, 2018. The initial wage rates for all one (1)-year probationary iron worker program participants (“Probationary Iron Workers”) and four (4)-year apprentice program participants (“Four-Year Apprentices”) effective July 1, 2018, are as follows: Probationary Iron Worker: $20.00 Apprentice, First Year: $20.63 Apprentice, Second Year: $24.22 Apprentice, Third Year: $27.80 Apprentice, Fourth Year: $31.38 The wage rate for Probationary Iron Workers as set forth above shall not be increased during the term of this Agreement. The wage rate for Four-Year Apprentices during the term of this Agreement shall be calculated by Local 580 on a pro rata basis as a percentage of the Finisher’s wage. D. FUNDS i. Bi-Annual Adjustment/Reallocation. Set forth below are the fringe benefit fund contributions effective July 1, 2018. Fringe benefit fund contributions, including, but not limited to the contributions set forth below, are subject to bi-annual increases or reallocation by Local 580 during the term of this Agreement in accordance with this Section and as otherwise set forth in this Agreement. Furthermore, contributions to the funds shall be in the same manner that wages are paid, i.e., the contribution shall be doubled for double time hours, and time and one-half for time and one-half hours, as defined in Section VIII.B. ii. Allocation Amounts. a. Probationary Iron Workers. Subject to, and without waiver of, the foregoing provision in sub-Section D.i., the fringe benefit fund allocations for Probationary Iron Workers effective July 1, 2018, are as follows: 1. Insurance Fund (Welfare): $5.55 per hour 2. Annuity Fund: $2.00 per hour 3. The Ironworker Management Progressive Action Cooperative Trust (“IMPACT”): $.28 per hour 4. International Organizing Fund: $.17 per hour b. Three-Year Apprentices. Subject to, and without waiver of, the foregoing provision in sub-Section D.i., the fringe benefit fund allocations for Three-Year Apprentices effective July 1, 2018, are as follows: 1. Vacation Fund: Contributions to the Vacation Fund at the same percentage level as the wages they receive. For example, if a Three-Year Apprentice is receiving sixty (60%) percent of the Finisher’s wage, he shall receive sixty (60%) percent of the Vacation Fund contribution, etc. 2. Pension Fund: $11.85 per hour 3. Insurance Fund (Welfare): $14.35 per hour 10 4. Annuity Fund: Contributions to the Annuity Fund shall be made at the same percentage level as the wages they receive. For example, if a Three-Year Apprentice is receiving sixty (60%) percent of the Finisher’s wage, he shall receive sixty (60%) percent of the Annuity Fund contribution, etc. 5. The Ornamental Metal Institute of New York Fund (“OMINY”): $.35 per hour. At the option of the Association, the contribution to OMINY shall be increased during the course of this Agreement a maximum of $.05 per hour bringing the total contribution to $.40 per hour. 6. Apprentice-Journeyman Educational Fund: $1.22 per hour 7. Scholarship Fund: $.25 per hour 8. Labor Management Promotion Fund: $.15 per hour 9. IMPACT: $.28 per hour 10. Supplemental Benefit Fund: $.60 11. International Organizing Fund: $.17 c. Four-Year Apprentices. Subject to, and without waiver of, the foregoing provision in sub-Section D.i., the fringe benefit fund allocations for Four-Year Apprentices effective July 1, 2018, are as follows: 1. Vacation Fund: Four-Year Apprentices shall receive Vacation Fund contributions as follows: Apprentice, First Year: $2.00 per hour; Apprentice, Second Year: $2.00 per hour; Apprentice, Third Year: $2.00 per hour; Apprentice, Fourth Year: $2.00 per hour. 2. Pension Fund: Four-Year Apprentices shall receive Pension Fund contributions as follows: Apprentice, First Year: $5.68 per hour; Apprentice, Second Year: $6.24 per hour; Apprentice, Third Year: $6.81 per hour; Apprentice, Fourth Year: $7.38 per hour. 3. Insurance Fund (Welfare): Four-Year Apprentices shall receive Insurance Fund (Welfare) contributions as follows: Apprentice, First Year: $6.92 per hour; Apprentice, Second Year: $7.62 per hour; Apprentice, Third Year: $8.31 per hour; Apprentice, Fourth Year: $9.00 per hour. 4. Annuity Fund: Four-Year Apprentices shall receive Annuity Fund contributions as follows: Apprentice, First Year: $3.00 per hour; Apprentice, Second Year: $3.00 per hour; Apprentice, Third Year: $3.00 per hour; 11 Apprentice, Fourth Year: $3.00 per hour. 5. IMPACT: IMPACT contributions shall be made on behalf of Four-Year Apprentices as follows: Apprentice, First Year: $0.28 per hour; Apprentice, Second Year: $0.28 per hour; Apprentice, Third Year: $0.28 per hour; Apprentice, Fourth Year: $0.28 per hour. 6. International Organizing Fund: International Organizing Fund contributions shall be made on behalf of Four-Year Apprentices as follows: Apprentice, First Year: $0.17 per hour; Apprentice, Second Year: $0.17 per hour; Apprentice, Third Year: $0.17 per hour; Apprentice, Fourth Year: $0.17 per hour. d. Foreman/Finisher. Subject to, and without waiver of, the foregoing provision in sub-Section D.i., the fringe benefit fund allocations for Foremen/Finishers effective July 1, 2018, are as follows: 1. Vacation Fund: $11.75 per hour 2. Pension Fund: $11.85 per hour 3. Insurance Fund (Welfare): $14.35 per hour 4. Annuity Fund: $13.60 per hour 5. OMINY: $.35 per hour. At the option of the Association, the contribution to OMINY shall be increased during the course of this Agreement a maximum of $.05 per hour bringing the total contribution to $.40 per hour. 6. Apprentice-Journeyman Educational Fund: $1.22 per hour 7. Scholarship Fund: $.25 per hour 8. Labor Management Promotion Fund: $.15 per hour 9. IMPACT: $.28 per hour 10. Supplemental Benefit Fund: $.60 per hour 11. International Organizing Fund: $.17 per hour E. FORTY HOURS (WAGES)/THIRTY HOURS (BENEFITS) Notwithstanding any provision to the contrary contained in this Agreement, with regard to Residential/Hospitality and/or Mixed-Use projects only, employees (excluding foremen) shall work forty (40) hours per week (8 hours per day) for which they shall be paid forty (40) hours at the Union’s then current straight time hourly wage rate and thirty (30) hours at the Union’s then current straight time hourly fringe benefit fund contribution rate; provided, however, that foremen employed on Residential/Hospitality and/or Mixed-Use projects shall be exempt from such economic conditions. In the event a covered employee under this Section works more or less than forty (40) hours during a given workweek, the above ratio (seventy-five [75%] percent) of wage rate to fringe 12 benefit fund contribution rate shall remain intact; that is, the 75% ratio would be applied at the applicable overtime wage rate of time and one-half or double time for hours worked in excess of 40 in a given workweek. In this regard, when working an eight (8) hour day as set forth in this subSection E, time and one-half shall be paid for all work in excess of eight (8) hours at the end of the workday to a maximum of two (2) hours on any regular work day (the ninth [9 th] and tenth [10th] hours of work) and double time shall be paid for all work thereafter. XI.A. WAGE CONDITIONS i. The regular pay day shall be once a week on such day as agreed upon between the Employer and the Union, and wages shall be paid before quitting time, and wages are to be paid in cash or check on the job site. An Employer shall not issue one (I) check for two (2) payroll periods. If the Employer pays by check, pay day shall be no later than Thursday of each week and, in the event a holiday falls on a pay day, such Employer shall pay wages on the working day before the holiday. All payroll paid on Friday must be paid in cash. In the event that such Employer issues a check or checks for wages which are not honored for payment for any reason, such Employer shall be required thereafter to pay wages in cash for a period of six months; and in the event that such Employer for a second time issues checks for wages which are not honored for payment for any reason such Employer shall be required to pay wages only in cash. ii. An Employer may withhold not more than three (3) days’ wages when necessary in order to prepare the payroll. iii. When employees are laid off, or discharged, they shall be paid in full in cash or check on the job, and shall be allowed fifteen (15) minutes to pack their tools and overalls. If required to go to some other point or to the office of the Employer, the employees shall be paid for the time required to go to such places. When employees leave of their own accord, they shall wait until the regular pay day for the wages due them. Notwithstanding anything to the contrary contained in this Agreement, in the event of a layoff, if the Employer maintains an escrow account with the Local 580 Fund Office, said Employer may call the Fund Office and give notice that a given employee is being laid off and that sufficient money should be taken out of its escrow account to pay for the laid-off employee’s benefits. In such case, if the employee involved and/or the steward on the job is notified of the layoff prior to 2:00 p.m. on the day of the layoff, the Employer does not have to give the laid-off employee any receipt in accompaniment with his wages. iv. Any undue delay or loss of time caused to employees through no fault of their own shall be paid for by the Employer causing such delay, at the regular straight time wages. v. Accompanying each payment of wages shall be a separate statement identifying the Employer, showing the total earnings, the amount of each deduction, the purpose thereof, and net earnings. vi. Any Employer who pays wages by check and whose principal place of business is located outside the Boroughs of Manhattan, the Bronx, Brooklyn, Richmond and Queens in the City of New York and Westchester, Suffolk or Nassau Counties in the State of New York must draw such checks from banks located within the aforementioned geographic areas. 13 XI.B. PACKAGE REDISTRIBUTION Provided that the total wages paid and contributions made by the Employer shall not exceed the economic increases for wages and contributions to Funds set forth in the second paragraph of Section X of this Agreement, at any time during the term of this Agreement, upon thirty (30) days’ notice to the Association and subject to the provisions of Section X, the Union shall have the option to reallocate any portion of the wages and/or Fund contributions paid pursuant to the aforementioned Section X. There shall be no reallocation of any part of the Pension Fund contribution from said Fund if doing so would jeopardize the Pension Fund’s funding status. XI.C. CHECK-OFF i. The Employers agree to deduct from the wages of each employee covered by this Agreement and to pay to the Union such sum or sums per hour as from time to time shall be certified to the Association in writing by the Union to be the duly enacted assessment. The Union shall obtain an authorization for such deduction from each employee and such authorization shall be maintained at the Local 580 Fund Office. ii. The authorization shall be in the form annexed to this Agreement and marked “Rider A.” iii. In the event there is any change in the amount of the assessment, such change shall be certified to the Association in writing by the Union. The Employers shall give effect to such change 30 days after the date of the certification by the Union. iv. Payment by the Employers of these deductions from wages shall be made by purchase of receipts utilized for the making of contributions to the various Fringe Benefit Funds provided for in this Agreement. v. The Union agrees to indemnify and hold harmless the Employers from any and all claims, actions or proceedings arising out of said check-off. XII. REPORTING TIME A. Men ordered to report to a job and not put to work shall be entitled to two (2) hours’ pay, at the rate in effect at that time and day of week, except when they cannot work because of disaster on a job wherein no other trades are permitted to work, provided the men remain on the job during the said two (2) hours. Such men who are required to work during said two hours shall be guaranteed four (4) hours pay at regular straight time rates. Such men who are required to work after the lunch break shall be guaranteed seven (7) hours pay at regular straight time rates. Notification of continuance of employment shall be given prior to the start of lunch and failure to provide notification will result in the men being paid the remainder of the day. Men employed solely for the purpose of unloading or distributing material shall not be employed for less than seven hours. B. Notwithstanding anything to the contrary contained in this collective bargaining agreement, where “re-cladding” or “over-cladding” work is being performed on existing or occupied buildings which remain in use men ordered to report to a job and not put to work shall be entitled to one (1) hour of pay at the rate in effect at that time and day of the week, except when they cannot work because of disaster on a job wherein no other trades are permitted to work, provided the men remain on the job during the said hour. Such men who are required to work during the said hour shall be guaranteed two (2) hours pay at regular straight time rates. Such men who are required to work after the lunch break shall be guaranteed seven (7) hours pay at regular straight time rates. Notification of continuance of employment shall be given prior to the start to lunch and failure to provide notification will result in the men being paid for the remainder of the day. 14 C. In the erection of curtain walls, when an Employer provides a shanty on the job site, said shanty shall not be located above the third floor of the building site and the employees shall not be required to leave the shanty before starting time. XIII. TRAVELING EXPENSES A. When workmen are sent outside the territory defined herein as the Metropolitan District of New York, such workmen shall receive as a minimum wage rate, the higher established hourly rate of wages paid either in Local Union No. 580’s territory or in the territory to which they are sent as well as transportation expenses as follows: i. Work within the jurisdiction of the Northern New Jersey District Council: $10.00 per day. ii. Work in all areas other than the jurisdiction of the Northern New Jersey District Council: a. $25.00 per day, for jobs lasting less than one week, plus the fare of one round trip. b. $175.00 per week for jobs lasting more than one week plus the fare for one round trip; or $25.00 per working day, plus the fare of one round trip each week, at the Employer’s option. B. On jobs located outside the Metropolitan District, which require traveling at night, the Employer shall pay for, or provide meals and berth. C. If a workman, employed on jobs located outside the Metropolitan District, shall without the consent of the Employer, leave such work before its completion, it shall be on his own time and at his own expense. D. All travel time to jobs outside the Metropolitan District shall be paid at the single time rate of pay and not to exceed seven hours per day. E. Wages shall commence from the time the workman arrives at his work. F. If an employee is requested to go from one jobsite to another jobsite during the workday, his travel expenses incurred in going to such second job shall be reimbursed by the Employer. XIV. FOREMEN A. When four (4) or more employees are employed on a job, one shall be selected by the Employer to act as a working foreman and receive a foreman’s wages, and the foreman is the only representative of the Employer who shall issue instructions to the workmen. On all chain link fence work a foreman shall be employed. When employees are sent by the Employer to work on jobs outside the Metropolitan Area, one employee shall be designated as a foreman on such out-of-town job and receive the highest foreman’s hourly rate of pay recognized in either Local No. 580’s territory or in the territory to which he is sent. B. There shall be no restriction as to the employment of foremen. The Employer may employ on one piece of work as many foremen as in his judgment is necessary for the safe, expeditious and economical handling of the same. C. The Employer shall employ a foreman on all items of work pertaining to curtain wall work, such as hoisting, distribution, unloading, erection, layout, etc. 15 D. The foreman shall be the agent of the Employer and shall be tried for any of his acts as foreman under the grievance and arbitration procedure hereinafter provided for in Section XXIII. XV. STEWARD A. A steward shall be appointed by the Union. The steward shall be assigned to every job by the Business Agent responsible for the geographic area where the job site is located, or his designee, and shall in all cases be the second journeyman on the job and the last journeyman to leave the job. It shall be at the option of the Business Agent whether the Steward shall be appointed from among the men on the job or in addition thereto. Such steward shall not be laid off or discharged while the job is in progress unless such lay off or discharge is sanctioned in accordance with the grievance and arbitration procedure hereinafter provided for in Section XXIII. B. When an accident occurs, the steward shall take charge and render immediate and necessary care to the injured and also report the accident to the Business Agent and Local Union. C. It shall be the duty of the steward to file timely, complete and accurate steward’s reports with the Union on forms provided by the Union for such purpose. XVI. WORK LIMITATION There shall be no limitation placed on the amount of work to be performed by any employee during working hours, and the use of machinery, tools, appliances or methods shall not be restricted or interfered with. The Employer shall employ three (3) men on the installation of multi-flight stairs. Whenever pre-assembled stairs are to be erected or hoisted on a jobsite, a hoisting crew of iron workers shall be employed to unload and hoist the stairs for each run of stairs, from the time the stairs arrive at the jobsite to the time the stairs are hoisted to the floors where they are to be installed, irrespective of the equipment used for hoisting; and an additional separate erection crew of iron workers shall be employed to install that run of stairs. If a run of such stairs is being both hoisted and installed on a given day, then two (2) crews as outlined above shall be employed that day. If there is more than one (1) run of such stairs on a jobsite, separate hoisting crews and separate erection crews shall be employed as outlined above, on each run of stairs. Each hoisting crew and each erection crew shall consist of one (1) foreman and at least four (4) finishers. “Pre-assembled stairs,” as used herein, are defined as stairs which are delivered to a jobsite with a. risers and/or treads pre-fastened to stringers or with intermediate platforms or landings pre-fastened to framing members at intermediate platforms or landings, or b. the risers and treads have pre-poured concrete treads. XVII. TOOLS A. Employees employed on architectural and ornamental work shall furnish for their own use all necessary hand tools to enable them to effectively install such work. Tools broken on the job shall be replaced by the Employer, such as drills, taps, hacksaw blades, etc. No employee shall be held responsible for the loss of tools or equipment in his charge. B. The Employer must provide a suitable tool box or shanty with lock and key for the safe keeping of tools and clothing, and the employees are to be compensated for any loss of same due to fire in or burglary from shanty or tool box in an amount not to exceed $200.00. The Employer shall pay for such loss within 10 days after such loss is reported to the Employer or his representative provided the loss is reported promptly. 16 XVIII. WORKERS’ COMPENSATION A. Every Employer shall carry adequate Workers’ Compensation Insurance as may be required by the laws of the State of New York. B. The Employer shall also furnish adequate Marine Insurance where necessary. C. In the event that the Union and the Association adopt a program to provide an alternative system for Workers Compensation to provide a single carrier with a panel of doctors and an alternative claim resolution, then after a minimum of thirty (30) days’ notice to the Association on behalf of its members and all other signatory Employers, they shall, if required by the program, become participants in such program and be deemed by execution of this Agreement to have consented to the provisions of the Plan. XIX. BUSINESS REPRESENTATIVE The business representatives of the Union shall be permitted to visit all jobs, but will in no way interfere with the progress of the work. XX. SUBCONTRACTING A. The Employer agrees not to subcontract or sublet any work covered by this Agreement to any person, firm or corporation which is not in contractual relationship with the Architectural, Ornamental and Reinforcing Iron Workers Local Union No. 580. B. Employees shall not be permitted to lump work. The Employer agrees not to offer and/or to pay less than the scale of wages established by the Agreement. The employees will not accept a bonus based on specific performance of any individual job. C. An Employer who violates this Section shall be liable to the Joint Funds for the wages and fringe benefit contributions due on work performed by its subcontractor. XXI. APPRENTICES A. The Association and the Union shall jointly maintain an apprenticeship program that shall provide an adequate force of skilled mechanics. The apprenticeship program shall be controlled and administered by a Joint Committee in accordance with the Standards of Apprenticeship Training as approved by the New York State Department of Labor, Bureau of Apprentice Training. B. The Joint Committee shall consist of an equal number of representatives appointed by the Association and the Union. The Joint Committee shall form an apprentice and/or a probationary iron worker class each September. The size of the class shall be determined by the Joint Committee in accordance with employment conditions in the trade, the needs of the industry, and as otherwise set forth in this Agreement. C. An apprentice of his own volition cannot leave the employ of an Employer without the consent of the Joint Committee. D. If an apprentice is temporarily laid off, and during the layoff period regularly received the specified related technical instruction, he shall receive credit, if reemployed, for such instruction toward the completion of his apprenticeship. E. All apprentices shall be required to attend classroom instructions in subjects related to their trade for a minimum of 144 hours per year during each year of the term of apprenticeship. If day classes are arranged, the apprentice must attend one day in each month for which he will receive a day’s pay from his Employer. Such a day class will provide 8 hours of school instruction each 17 month and the remainder of his school time must be made up in the evening. If an apprentice does not attend the scheduled school day, he shall suffer the loss of a day’s pay for each day class not attended. The tuition fee for school attendance shall be paid by the apprentice. It is understood that if, for any reason, the apprentice does not fulfill his obligations and severs his connection with the school, the Joint Committee shall not be required to pay a refund or rebate any portion of the money expended by the apprentice. F. Upon notice from the school, that an apprentice has not satisfactorily completed a semester’s work, his rate shall not be increased in accordance with the scale until the school advises that such work has been satisfactorily completed. If, for any reason, the school dismisses an apprentice, his apprenticeship shall be terminated. G. The Joint Committee shall arrange tests for determining the apprentice’s progress in manipulative skills and technical knowledge. H. Apprenticeship applicants, before being accepted as apprentices, must meet the standards as set by the Joint Apprentice Committee and as otherwise set forth in this Agreement. I. Any apprentice who enters the Armed Forces before completing his apprenticeship shall be required, before becoming a journeyman finisher, to complete three (3) semesters at school and working at the trade. J. In the event of any disagreement among the members of the Joint Committee over any matter or matters before it except for the number of apprentices which results in a deadlock, such matter or matters shall be submitted for determination under the grievance and arbitration procedure as hereinafter provided in Section XXIII.C. XXII. PROBATIONARY IRON WORKERS A. The selection of the 2018 apprentice class shall be conducted pursuant to the Union’s procedures in effect as of June 30, 2018. As set forth above, effective July 1, 2018, and commencing with the Fall 2018 apprentice class, the Union shall endeavor to institute a new four (4)-year apprentice program, which shall replace the three (3)-year apprentice program in effect as of June 30, 2018. In addition, the Union shall endeavor to institute a new one (1)-year probationary iron worker program effective July 1, 2018. All Probationary Iron Workers shall be considered probationary ironworkers for purposes of membership in IABSROI. B. The 2018 Probationary Iron Worker class shall consist of approximately one hundred students. Ten (10%) percent of the one hundred positions are expected to be reserved for non-union ironworkers to be organized into the new probationary iron worker/apprentice program. Consistent with the apprentice selection procedures in effect as of June 30, 2018, Probationary Iron Worker candidates will be randomly selected from the master pool consisting of those candidates who have passed the apprentice examination and, subject to passing the required drug tests, will become the 2018 Probationary Iron Worker class. Probationary Iron Workers will receive approximately fifty hours of safety-related classroom instruction training as required by New York City Local Law No. 196. Probationary Iron Workers will also receive one year of on-the-job training working for Union signatory contractors. The Union and the Association will be responsible for the cost of administering the probationary iron worker program. As set forth in Section X herein, each Probationary Iron Worker will be paid by the employer a wage rate of $20.00 per hour with a $2.00 per hour employer contribution to the Local 580 Annuity Fund and, after completing 350 hours of service within four (4) months, a basic health benefits package from the Local 580 Insurance Fund (Welfare) based on a $6.00 per hour employer contribution. 18 C. The Union and the Association have developed Probationary Iron Worker Rules and Regulations, which require strict adherence to work and attendance standards. D. In light of the implementation of the new probationary iron worker/apprentice program, the following Journeyman-to-Apprentice/Probationary Iron Worker ratios will apply for all jobs effective July 1, 2018: Crew Size Journeyman/ Foreman Apprentice/ Probationary Iron Worker Crew Size Journeyman/ Foreman Apprentice/ Probationary Iron Worker 2 1 1 11 8 3 3 2 1 12 8 4 4 3 1 13 9 4 5 4 1 14 10 4 6 4 2 15 10 5 7 5 2 16 11 5 8 6 2 17 12 5 9 6 3 18 12 6 10 7 3 19 13 6 In the event a crew size exceeds 19 individuals, additional Journeymen/Foremen/ Apprentices/Probationary Iron Workers shall be hired in a manner consistent with the aforementioned ratios. Moreover, i. The Journeyman count shall be inclusive of Foremen; ii. Probationary Iron Workers shall count as Apprentices when determining the above-described ratios; iii. Apprentices/Probationary Iron Workers shall be referred for work in the following order: Third Year, Second Year, First Year, First Year, Probationary Iron Worker. The Union shall seek permission of the EEOC and Special Master to select Probationary Iron Workers “out-of-order” where, in the determination of the Union and/or Union signatory contractors employing such Probationary Iron Workers, such out-of-order selection is necessary for competitive reasons on particular job(s); iv. Apprentices/Probationary Iron Workers shall be supplied as available; and v. Probationary Iron Workers shall not be assigned to prevailing rate work. XXIII. GRIEVANCE AND/OR ARBITRATION PROCEDURES A. Any grievance, complaint, or dispute between the Union and the Employer arising out of this Agreement, or as to the meaning, interpretation, application or alleged violation of any provision or provisions of this Agreement shall be handled in the first instance by an officer of the Union designated by the Union and a representative of the Employer involved who is a member of the Association. 19 B. If the representatives of the Union and the Employer fail to reach an agreement within five (5) work days, the grievance, complaint, or dispute shall be handled by a designee or designees of the Union and the Association. The designee of the Association shall be a member of the Association or a permanent employee of the Association. The aggrieved party shall file a statement of the grievance, complaint, or dispute with the Association or the Union, as the case may be. The designees shall meet within two (2) work days after the receipt of written notification. C. If the designees of the Union and the Association fail to reach agreement within three (3) work days after they meet, as provided above, the grievance, complaint, or dispute shall be submitted for final and binding determination to Roger Maher, as the Impartial Arbitrator. If for any reason Mr. Roger Maher is incapacitated or for any other reason is unable to act expeditiously, he shall designate a substitute Arbitrator. If Mr. Maher is unable to make such designation, the Union and the Association shall promptly make such designation. Should they fail to agree on a substitute Arbitrator, the procedures of the American Arbitration Association, shall be utilized to resolve these disputes on a case by case basis until the Union and the Association agree on a permanent Arbitrator. The Impartial Arbitrator shall have all the powers granted to arbitrators pursuant to the Civil Practice Law and Rules of the State of New York and shall be authorized to compel the production of books and records of any kind or type which may be involved in a dispute. The decision of the Impartial Arbitrator shall be final and binding on the Employer and the Union. D. If the party initiating the grievance, complaint or dispute fails to submit the matter to the Impartial Arbitrator within thirty (30) work days after the designee of the Union and the Employer are unable to reach agreement, the matter shall be dropped. E. The expense of the arbitration procedure shall be borne equally by the Employer and the Union. F. Service of the Notice of Intention to Arbitrate, the Demand for Arbitration, and the Arbitration Award may be made, among other ways, by overnight mail to the Employer or to the Union at its last known address. G. The foregoing provisions for arbitration are not intended and shall not be construed as in any way qualifying or making subject to change any provisions of this Agreement including, but not limited to, the handling of negotiations for a new Agreement. XXIV. VACATION, PENSION, INSURANCE, ANNUITY AND SCHOLARSHIP FUNDS A. The required Employer contributions shall be paid by the Employer purchasing receipts from the Local 580 Vacation Fund (formerly Benefit Fund of Local 580), Pension Fund, Insurance Fund, Annuity Fund and Scholarship Fund. The said receipts shall be given to the employees in accompaniment with their weekly pay and also at such other times when employees are entitled to receive pay as required by the provisions of Section XI of this Agreement. The provisions of Section XXX.C. shall govern in the event an Employer fails to place said receipts in the employees’ weekly pay envelopes. The required Employer contributions to these Funds shall be made for each straight time hour paid to each employee at the rates stated in Section X, and for each premium hour paid to each employee, the contribution shall be at premium rates. Premium time is defined in Section VIII.B. 20 B. For the purpose of this Article the Union shall be considered as a contributing Employer and shall make contributions on behalf of the Business Agents, Business Manager/Financial Secretary-Treasurer, and Executive Secretary of the Union who shall be participants of the Fund. C. The Vacation Fund shall continue to be administered by the Agreement and Declaration of Trust dated October 17, 1950, and restated December 17, 1975, as amended from time to time, which is hereby incorporated by reference and made part hereof. D. The Employer contributions to the Vacation Fund shall be used exclusively to provide vacation benefits to eligible employees in such form and amount as the Trustees of the Vacation Fund may determine, and the administration expenses of the Vacation Fund. E. The Pension Fund shall continue to be administered by the Agreement and Declaration of Trust dated as of January 1, 1954, and restated December 17, 1975, as amended from time to time, which is hereby incorporated by reference and made part hereof. F. The Employer contributions to the Pension Fund shall be used exclusively to provide pension benefits to eligible employees in such form and amount as the Trustees of the Pension Fund may determine, and the administration expenses of the Pension Fund. G. The Insurance Fund shall continue to be administered by the Agreement and Declaration of Trust dated as of January 1, 1946, and restated December 17, 1975, as amended from time to time, which is hereby incorporated by reference and made part hereof. H. (1) The Employer contributions to the Insurance Fund shall be used exclusively to provide group insurance, accidental death and dismemberment insurance, hospital expense insurance, surgical expense insurance, medical expense insurance to eligible employees and their families, as well as temporary disability benefits to eligible employees in such form and amount as the Trustees of the Insurance Fund may determine, and the administration expenses of the Insurance Fund. (2) The Trustees shall, out of the funds in their possession, pay or provide for the payment of premium on policy or policies of Group Insurance for sickness benefits which shall provide insurance benefits required to be made and paid under Chapter 600 of the Laws of the State of New York approved and effective April 13, 1949. (3) It is further agreed that this Agreement and the specific provision for sickness benefits hereunder, and such other benefits hereinabove mentioned as the Trustees may determine, shall be in lieu of any obligation imposed upon Employers or employees for insurance and contribution required or provided for in such mentioned law. (4) It is further agreed that payment by the Employer with respect to or required by any Federal, State or Municipal legislation which may be enacted during the term of this Agreement, and which would require the Employer to pay or contribute toward the payment of life insurance or health or hospitalization or medical benefits, shall be credited to the amount required to be paid thereunder, unless the Insurance Plan effective hereunder shall furnish the benefits required by any such legislation. I. The Annuity Fund shall continue to be administered by the Agreement and Declaration of Trust dated January 27, 1964, and restated December 17, 1975, as amended from time to time, which is hereby incorporated by reference and made part hereof. J. The Employer contributions to the Annuity Fund shall be used exclusively to provide for Annuity Benefits in such manner and amount as the Trustees of the Annuity Fund may determine, and administrative expenses of the Annuity Fund, provided, however, that the contributions shall be 21 paid on behalf of individual employees and credited to the individual employee’s account in the Fund. K. The Scholarship Fund shall continue to be administered by the Agreement and Declaration of Trust dated July 1, 2003, as amended from time to time, which is hereby incorporated by reference and made part hereof. L. The Employer contributions to the Scholarship Fund shall be used exclusively to provide for Scholarship Benefits in such manner and amount as the Trustees of the Scholarship Fund may determine, and administrative expenses of the Scholarship Fund. XXV. THE ORNAMENTAL METAL INSTITUTE OF NEW YORK FUND A. The Ornamental Metal Institute of New York Fund or its successor in interest shall be administered pursuant to the Agreement and Declaration of Trust dated September 5, 1972, which, as amended from time to time, is hereby incorporated by reference and made part hereof. B. The contributions shall be used to advance the interests of architectural, ornamental and miscellaneous metal industry in the Greater New York area and of those who are engaged in it through such programs and activities, and in such manner and amount, as the Trustees of the Fund in their discretion may determine are likely to foster greater use of the industry’s products and services, expanded opportunities for employment, higher efficiency, the elimination of sub-standard working and safety conditions and related purposes as more fully specified in the Agreement and Declaration of Trust dated September 5, 1972, as amended from time to time, and for the organization and administration of the Fund. The Trustees of The Ornamental Metal Institute of New York shall have the exclusive power to verify claims for the payment of benefits, to determine whether the conditions for the payment of benefits have been fulfilled, to determine the eligibility requirements and to determine the rules and procedures for obtaining and administering such benefits. C. The required Employer contributions shall be paid by the Employer purchasing receipts from The Ornamental Metal Institute of New York Fund through the Local 580 Fund Office. The said receipts shall be given to the employees in accompaniment with their weekly pay and also at such other times when employees are entitled to receive pay as required by the provisions of Section XI of this Agreement. The provisions of Section XXX.C. shall govern in the event an Employer fails to place said receipts in the employees’ weekly pay envelopes. The required Employer contributions to this Fund shall be made for each straight time hour paid to each employee at the rates stated in Section X, and for each premium hour paid to each employee, the contribution shall be at premium rates. Premium time is defined in Section VIII.B. XXVI. APPRENTICE-JOURNEYMAN EDUCATIONAL FUND A. The Apprentice-Journeyman Educational Fund shall continue to be administered pursuant to the Agreement and Declaration of Trust dated October 15, 1969, and restated February 1, 1976, which, as amended from time to time, is hereby incorporated by reference and made part hereof. B. The Trustees shall determine annually the number of apprentices to be admitted into the apprenticeship program for the year. If the Trustees cannot agree on the number of apprentices to be admitted in any one year, such number shall be determined by arbitration which shall be provided for in the Agreement and Declaration of Trust. 22 C. During the term of this Agreement or any extension or renewal thereof, the Trustees of the Apprentice-Journeyman Educational Fund shall assume all duties of the Joint Committee of Apprentices referred to in Section XXI of this Agreement. The Trustees of the Apprentice-Journeyman Educational Fund shall have the exclusive power to verify claims for the payment of benefits, to determine whether the conditions for the payment of benefits have been fulfilled, to determine the eligibility requirements and to determine the rules and procedures for obtaining and administering such benefits. D. The required contributions shall be paid by the Employer purchasing receipts from the Apprentice-Journeyman Educational Fund. The said receipts shall be given to the employees in accompaniment with their weekly pay and also at such other times when employees are entitled to receive pay as required by the provisions of Section XI of this Agreement. The provisions of Section XXX.C. shall govern in the event an Employer fails to place said receipts in the employees’ weekly pay envelopes. The required Employer contributions to this Fund shall be made for each straight time hour paid to each employee at the rates stated in Section X, and for each premium hour paid to each employee, the contribution shall be at premium rates. Premium time is defined in Section VIII(b). XXVII. LOCAL 580 LABOR MANAGEMENT PROMOTION FUND A. The Local 580 Labor Management Promotion Fund shall be administered pursuant to the Agreement and Declaration of Trust dated July 1, 2008 as amended from time to time. B. The required Employer contributions shall be paid by the Employer purchasing receipts from the Local 580 Labor Management Promotion Fund. The said receipts shall be given to the employees in accompaniment with their weekly pay and also at such other times when employees are entitled to receive pay as required by the provision of Section XI of this Agreement. C. The provisions of Section XXX.C. shall govern in the event an Employer fails to place said receipts in the employees’ weekly pay envelopes. D. The required Employer contributions to this Fund shall be made for each straight time hour paid to each employee at the rates stated in Section X, and for each premium hour paid to each employee, the contribution shall be at premium rates. Premium time is defined in Section VIII.B. E. The employer contributions shall be used exclusively to facilitate labor-management relations, market recapture and industry improvement (in cooperation with the Building and Construction Trades Council) and such other items as deemed necessary and proper by the Trustees and to pay administrative expenses of the Fund. XXVIII. THE IRONWORKER MANAGEMENT PROGRESSIVE ACTION COOPERATIVE TRUST (“IMPACT”) A. The Ironworker Management Progressive Action Cooperative Trust shall be administered pursuant to the Agreement and Declaration of Trust dated December 5, 2002 as amended from time to time. B. The required Employer contributions shall be paid by the Employer purchasing receipts from the Local 580 Fund Office. The said receipts shall be given to the employees in accompaniment with their weekly pay and also at such other times when employees are entitled to receive pay as required by the provisions of Section XI of this Agreement. 23 The provisions of Section XXX.C. shall govern in the event an Employer fails to place said receipts in the employees’ weekly pay envelopes. The required Employer contributions to this Fund shall be made for each straight time hour paid to each employee at the rates stated in Section X, and for each premium hour paid to each employee, the contribution shall be at premium rates. Premium time is defined in Section VIII.B. The amount of the IMPACT contribution shall be calculated as ⅝ of one (1%) percent of the Finisher’s wage rate. XXIX. INTERNATIONAL ORGANIZING FUND A. The International Organizing Fund shall be administered pursuant to the Agreement and Declaration of Trust as amended from time to time. B. The required Employer contributions shall be paid by the Employer purchasing receipts from the Local 580 Fund Office. The said receipts shall be given to the employees in accompaniment with their weekly pay and also at such other times when employees are entitled to receive pay as required by the provisions of Section XI of this Agreement. The provisions of Section XXX.C. shall govern in the event an Employer fails to place said receipts in the employees’ weekly pay envelopes. The required Employer contributions to this Fund shall be made for each straight time hour paid to each employee at the rates stated in Section X, and for each premium hour paid to each employee, the contribution shall be at premium rates. Premium time is defined in Section VIII.B. The amount of the International Organizing Fund contribution shall be calculated as ⅜ of one (1%) percent of the Finisher’s wage rate. XXX. TRUST FUND PROTECTION A. Each of the Agreements and Declarations of Trust referred to in Sections XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, and XXIX hereof shall be deemed incorporated by reference into this Agreement and made a part hereof. B. All new contributing Employers shall be required to make Trust Fund contributions by certified check for a period of six (6) months. C. (1) Failure of an Employer to make contributions as required in Section X and/or to place said receipts in the employees’ weekly pay envelopes as required in Sections XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, and XXIX or as may be required to any new Fund established during the term of this Agreement, shall constitute a breach of this Agreement. If by the following pay day said receipts are not included with their weekly pay, the Union, notwithstanding anything to the contrary contained in this Agreement, shall strike and remove its members from the work of the delinquent Employer until such Employer pays the full amount of contributions owed and also pays the employees who are on strike their regular rate of pay for all time lost during such strike. (2) An Employer that becomes delinquent in payment of contributions, as hereinabove provided, shall be required to post bond to secure future payments by such Employer to the respective Funds. If an Employer goes out of business owing money to one or more Funds and an Employer establishes a new business in which any principal, officer or stockholder of the former Employer is affiliated with (directly or indirectly through relatives or friends), or is employed by the 24 new Employer, and such new Employer fails to make previously required contributions as required in Section X and/or to place said receipts in the employees’ weekly pay envelopes as required in Sections XXIII, XXIV, XXV, XXVI, XXVII, XVIII, and XXIX, or as may be required to any new Fund established during the term of this Agreement, said failure shall constitute a breach of this Agreement. If by the following work day said receipts are not given to said employees, the Union, notwithstanding anything to the contrary contained in this Agreement, shall strike and remove its members from the work of the delinquent Employer until such Employer pays the full amount of contributions owed and also pays the employees who are on strike their regular rate of pay for all time lost during such strike. (3) In the event of any nonpayment or underpayment of required contributions to any Fund, or upon the failure of an Employer to make contributions when payable, there shall be added to such indebtedness interest at 10% and liquidated damages in an amount not in excess of 20% of the amount of the indebtedness which the parties agree is a reasonable charge. Annexed hereto as Appendix “A” to this Agreement is the detailed schedule which sets forth the manner of calculating interest and liquidated damages to be used by the fringe benefit funds. The amounts collected for interest and liquidated damages shall be used to reduce the administrative expenses of the Funds. D. The Employer shall make available to the auditors of the Vacation, Pension, Insurance, Annuity, Ornamental Metal Institute of New York, Apprentice-Journeyman Educational, and Labor Management Promotion Funds and any new Fund established during the term of this Agreement, provided for in 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 in connection with the sound and efficient operation of said Funds or to determine whether the Employer has made the contributions it is obligated to make pursuant to this Agreement. The Employer shall also make available, upon such notice, to the auditor any and all records of any affiliated or related company 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. Failure of the Employer to make records available to the auditor shall constitute a breach of this Agreement and, upon ten (10) days’ written notice to the Employer, the Union, notwithstanding anything to the contrary contained in this Agreement, shall have the right to strike and remove its members from the job or jobs of such Employer until the Employer makes the records available to the auditors and also pays the employees who are on strike their regular rate of pay for all time lost during such strike. E. The Employer shall file weekly a report on all employees covered by this Agreement with the Local 580 Joint Fund Office in the form as appears in Exhibit “1” annexed to this Agreement or in such form as may be amended from time to time by the Trustees of the various Funds. Failure of the Employer to observe the provisions of this subsection shall constitute a breach of this Agreement and upon ten (10) days’ written notice to the Employer, the Union, notwithstanding anything to the contrary contained in this Agreement, shall have the right to strike and remove its members from the job or jobs of such Employer until the Employer files the weekly report and also pays the employees who are on strike their regular rate of pay for all time lost during such strike. If an Employer becomes delinquent in payment, or is delinquent by reason of underpayment, the Trustees may in their discretion revise the agreed-upon methods of payment of contributions and such Employer shall, upon adequate notice, thenceforth make contributions to the Funds in accordance with the newly-prescribed methods of payment. 25 F. In the event a dispute arises regarding the meaning, interpretation, application or alleged violation of the Employer’s obligations to make required fringe benefit contributions to any of the Funds pursuant to Sections XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, or XXIX, or in connection with any of the provisions of this Section XXX, or in connection with any rule or procedure of the Trustees of any of the Funds affecting collection of contributions to the Funds or distribution of receipts to employees, such dispute shall be submitted to Roger Maher, as the Impartial Arbitrator. If for any reason Roger Maher is incapacitated or for any other reason is unable to act expeditiously, he shall designate a substitute Arbitrator. If Roger Maher is unable to make such designation, the Union and the Association shall promptly make such designation. Should they fail to agree on a substitute Arbitrator, the procedures of the American Arbitration Association shall be utilized to resolve these disputes on a case by case basis until the Union and the Association agree on a permanent Arbitrator. Service of the Notice of Intention to Arbitrate, the Demand for Arbitration, and the Arbitration Award may be made, among other ways, by overnight mail to the Employer or to the Union at its last known address. The Impartial Arbitrator shall have all the powers granted to arbitrators pursuant to the Civil Practice Law and Rules of the State of New York and shall be authorized to compel the production of books and records of any kind or type which may be involved in a dispute. The decision of the Impartial Arbitrator shall be final and binding on the Employer, the Union and the Trustees. The expense of the arbitration procedure shall be borne equally by the Employer and the Funds unless the Award directs otherwise. 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 arbitration fee as determined by the arbitrator and made a part of the award, plus arbitration costs and expenses, if any, plus reasonable attorney’s fees in the amount of 25% of the indebtedness, which amount the parties agree is a reasonable collection charge and, in addition thereto, interest at 10% and liquidated damages of 20% of the payments due to said Funds, which amounts shall be paid to the Trustees of said Funds. G. 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. In any proceeding to confirm an award of the Impartial Arbitrator service may be made by registered or certified mail within or without the State of New York, as the case may be. H. It is agreed that the contributions to each of the aforementioned Funds is part of a total package and in the event that the contributions to any Fund shall not be required to be made because of a lack of a legal obligation to make such payment then the amount of that contribution shall be transferred as the Union at its option shall designate. The object of this provision is that the total cost of the fringe benefit fund receipts to any Employer shall remain constant subject to the reallocation of any amounts among Funds to which that Employer is legally obligated to make contributions. XXXI. STRIKES AND LOCKOUTS A. It is mutually agreed that there shall be no strikes authorized by the Union or no lockouts authorized by the Employer, except for the refusal of either party to submit to arbitration, in 26 accordance with Section XXIII, or failure on the part of either party to carry out the award of the Arbitrator or settlements arrived at prior to an arbitration award. B. It shall not be a violation of any provision of this Agreement for any person covered by this Agreement to refuse to cross or work behind the picket line of any affiliated Union which has been authorized by the International of that Union, or Building and Construction Trades Council. XXXII. PROTECTION OF UNION PRINCIPLES The removal of journeymen and apprentices from a job in order to render assistance to other Local Union(s) to protect union principles shall not constitute a violation of this Agreement, provided notice thereof is first given to the Association through the office of its Executive Director. XXXIII. UNION MEMBERS AS CONTRACTORS It is contrary to the spirit of this Agreement and contrary to the Constitution of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFLCIO, for active Union members to act as contractors or for Employers to work with the tools or otherwise perform the work performed by members of the bargaining unit. Therefore: A. No Union member may act as an Employer under this Agreement unless he first takes out a withdrawal card pursuant to the Constitution of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. B. No members of any Local Union shall work for any contractor or company owned or controlled directly or indirectly by the wife, father, mother, brother, sister or relative of any member of a Local Union until such members have obtained permission from the Executive Committee of the Local Union to work for such contractor. C. The Union shall not enter into any contract or furnish its members to work for any contractor or company which is owned or controlled directly or indirectly by the wife, father, mother, brother, sister or relative of any member of a Local Union unless such contractor first applies and receives permission from the Executive Committee of the Local Union. D. For the purposes of this section, signatures by members of any Local Union on payroll checks, any and all reports to City, State or Federal Agencies, business insurance policies, bank accounts, and the like, shall constitute presumptive evidence of the ownership or control of the business by such member. Such documents shall be available to the Union and/or its auditors for the purposes of inspecting the signatures thereon. XXXIV. ADHERENCE TO THE AGREEMENT This Agreement contains all of the provisions agreed upon by the Employer and the Union. Neither the Employer nor the Union will be bound by rules, regulations or agreements not herein contained except interpretations or decisions reached through the grievance and arbitration procedure. XXXV. RECORD KEEPING A. Upon receipt of appropriate information from the Association, the Fund Office shall keep a record of the names and social security numbers of those members of the bargaining unit who have received the safety training required by OSHA’s HAZ COM regulations. The aforementioned records shall also, where provided by the Association, list the Employer providing said safety training. 27 B. Upon receipt of appropriate information from the Association, the Fund Office shall keep a record of the name and social security number of those members of the bargaining unit who have completed 1-9 forms or other Employment Verification forms that may be required by the U.S. Citizenship and Immigration Services. The aforementioned records shall also, where provided by the Association, list the Employers who obtained said 1-9 form or other Employment Eligibility Verification form. C. The Employer agrees to indemnify and hold harmless the Union from any and all claims, actions or proceedings arising out of said record keeping as set forth in paragraphs XXXV.A. and B. above. XXXVI. SEVERABILITY AND SAVING CLAUSE Should any part of or provisions 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. XXXVII. MALE GENDER The use of male gender nouns and pronouns herein is a convenience and they should be read to encompass both the male and female sexes. XXXVIII. EQUAL EMPLOYMENT OPPORTUNITY “Equal employment opportunity” means the treatment of all employees and applicants for admission and/or 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. XXXIX. SAFETY PROVISIONS The Employer expressly agrees to comply with the rules relating to steel erection as set forth in Subpart R of the regulations promulgated by the U.S. Department of Labor pursuant to the provisions of the Occupational Safety and Health Act. XL. SICK LEAVE, TEMPORARY CHANGES TO WORK SCHEDULE The Union expressly waives (i) 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, and (ii) any right to temporary changes in work schedules as set forth in any legislation enacted by the City of New York. XLI. PROJECT LABOR AGREEMENTS In the event the Union enters into any Project Labor Agreement which provides for a reduction in the economic package required to be paid to employees covered by this collective bargaining agreement, one (1) foreman and one (1) general foreman (if one has been placed by employer) per job shall be exempted from such economic package reduction. 28 XLII. TERM OF AGREEMENT This Agreement, with any amendments thereof made as provided for therein, shall begin July 1, 2018 and remain in full force and effect until midnight of June 30, 2023 and, unless written notice be given by either party to the other at least two (2) months prior to June 30, 2023 of a desire for a change therein or to terminate the same, it shall continue in effect for an additional year thereafter. In the same manner, this Agreement, with any amendments thereof shall remain in effect from year to year thereafter, subject to termination at the expiration of any such contract year upon notice in writing by certified mail/return receipt requested given by either party to the other at least four (4) months prior to the expiration of such contract year. Any such notice as hereinabove provided for in this article, whether specifying a desire to terminate or to change at the end of the current contract year, shall have the effect of terminating this Agreement at such time. 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. FOR LOCAL UNION NO. 580 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers By: ______________________________________ PETER MYERS Business – Manager, Financial Secretary/Treasurer By: ______________________________________ MICHAEL WENZEL President FOR ALLIED BUILDING METAL INDUSTRIES, INC. By: ______________________________________ MICHAEL HABER President By: ______________________________________ STEVEN DAVI Executive Director SCHEDULE “A” A.C. Associates 124 Park Avenue P.O. Box 506 Lyndhurst, New Jersey 07071 (201) 939-6866 A.J. McNulty & Co., Inc. 53-20 44th Street Maspeth, New York 11378 (718) 784-1655 Ahern Painting Contractors, Inc. 69-24 49th Avenue P.O. Box 1070 Woodside, New York 11377 (718) 639-5880 American Bridge Company One Bridge Plaza Fort Lee, New Jersey 07024 (201) 592-1200 Berlin Steel Construction Co. 76 Depot Road P.O. Box 428 Kensington, Connecticut 06037 (860) 828-2524 BUDCO Enterprises, Inc. 145 Plant Avenue Hauppauge, New York 11788 (631) 434-6500 Con-Serv Inc. 685 Aviation Boulevard Georgetown, South Carolina 29440 (843) 546-1044 Coordinated Metals Inc. 626 16th Street Carlstadt, New Jersey 07072 (201) 460-7280 ii Cornell & Company, Inc. P.O. Box 807 Woodbury, New Jersey 08096 (856) 742-1900 Cortina Glass LLC P.O. Box 4950 Clinton, New Jersey 08809 (908) 689-1729 David Shuldiner, Inc. 35 Irving Avenue Brooklyn, New York 11237 (718) 386-5200 Empire City Iron Works 10-37 46th Road Long Island City, New York 11101 (718) 361-0100 Enclos Corp. 2770 Blue Water Road Eagan, Minnesota 55121 (800) 831-1108 Gabriel Steel Erectors, Inc. 36 Maybrook Road Montgomery, New York 12549 (845) 769-3000 H&L Contracting, LLC 38 Homan Avenue Bay Shore, New York 11706 (631) 928-4104 J.C. Steel Corporation 1229 Lakeland Avenue Bohemia, New York 11716 (631) 563-3545 J.C. Steel Erectors 1255 Lakeland Avenue Bohemia, New York 11716 (631) 563-3545 iii Jonathan Metal & Glass 178-18 107th Avenue Jamaica, New York 11433 (718) 846-8000 Kenvil United Corp. 60 N. Dell Avenue Kenvil, New Jersey 07847 (973) 927-0010 Keystone Management Assoc., LLC P.O. Box 274 Mountainville, New York 10953 (845) 500-1374 Kiewit Infrastructure Co. 470 Chestnut Ridge Road, 2nd Floor Woodcliff Lake, New Jersey 07677 (201) 571-2500 Kiewit-Weeks-Massman, AJV 137 Bayway Avenue Elizabeth, New Jersey 07202 (908) 409-4285 K.M. Simmons Inc. 55 Plant Avenue Hauppauge, New York 11786 (631) 778-6143 Maximum Security 3 Schoolhouse Lane Waterford, New York 12188 (518) 233-1800 Ment Bros., I.W. Co., Inc. 11 Broadway, Suite 1131 New York, New York 10004 (212) 217-6500 Metralite Industries, Inc. 132-70 34th Avenue Flushing, New York 11354 (718) 961-1770 iv Metropolitan Metals Corp. 210 West 29th Street – 7th Floor New York, New York 10001 (212) 563-7177 Metropolitan Walters, LLC 210 West 29th Street, 7th Floor New York, New York 10001 (212) 563-7177 Metro Steel Erectors, Inc. 289 Scholes Street Brooklyn, New York 11206 (718) 417-0600 Metro-Tech Erectors, Corp. 58-02 Maspeth Avenue Maspeth, New York 11378 (718) 366-3024 Northeast Structural Steel, Inc. 916 Old Nepperhan Avenue Yonkers, New York 10703 (914) 699-9900 NYC Constructors LLC A Banker Steel Company 110 East 42nd Street, Rm 1502 New York, New York 10017 (212) 444-1044 Ponderosa Fence Enterprises, Inc. 110 Stewart Avenue Hicksville, New York 11801 (516) 433-9471 Post Road Iron Works 345 West Putnam Avenue Greenwich, Connecticut 06830 (203) 869-6322 Residential Fences Corp. 1775 Rte. 25 P.O. Box 430 Ridge, New York 11961 (631) 924-3011 v R.J.L. Consultants, Inc. 30 Puritan Lane Farmingdale, New York 11735 (516) 293-6928 Skanska Koch, Inc. 400 Roosevelt Avenue Carteret, New Jersey 07008 (732) 969-1700 Skanska-Koch-Kiewit JV 400 Roosevelt Avenue Carteret, New Jersey 07008 (732) 969-1700 SRI Consultants, LLC 14 Dege Farm Road Califon, New Jersey 07830 (908) 303-4930 Stonebridge Steel Erection 165 Ryan Street South Plainfield, New Jersey 07080 (908) 753-1100 Tower Installation, LLC 123 Day Hill Road Windsor, Connecticut 06095 (860) 298-2000 Tutor Perini Corporation 1000 Main Street New Rochelle, New York 10801 (914) 739-1908 Tyrek Heights Erectors, Inc. 540 Nepperhan Avenue, Ste. 568 Yonkers, New York 10701 (914) 207-8003 United Iron, Inc. Six Roslyn Place Mt. Vernon, New York 10550 (914) 667-5700 vi United Structural Works, Inc. 45 Hemlock Drive Congers, New York 10920 (845) 268-3600 Utopia Construction of NY Corp. 57-17 58th Street Maspeth, New York 11378 (516) 647-4441 W&W Glass, LLC 300 Airport Executive Park, Ste. 302 Nanuet, New York 10954 (845) 425-4000 W&W Steel Erectors, LLC 2201 Mt. Ephriam Avenue Camden, New Jersey 08104 (405) 235-3621 vii RIDER “A” ASSIGNMENT I hereby assign to Local No. 580 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers the sum of up to five percent (5%) per hour from any wages earned or to be earned by me as an employee working within the jurisdiction of Local Union No. 580. I understand that this assessment is the same assessment paid by all other iron workers within Local Union No. 580’s jurisdiction. This assignment shall remain in full force and effect until subsequently revoked in writing by me. Local No. __________________________________ Membership No. ____________________________ Soc. Sec. No. _______________________________ Tel. No._______________________________________ Sign Name _________________________________ Print Name _________________________________ Ins. No. ________________________________ Date ______________________________________ viii APPENDIX “A” TO: All Contributing Employers of the Local 580 Funds Previously, every contributing employer was reminded of certain terms and conditions of their collective bargaining agreement with Local 580 regarding contributions to the Local 580 Benefit Funds. Section XXX.C.3. provides in pertinent part as follows: “In the event of any nonpayment or underpayment of required contributions to any Fund, or upon the failure of an Employer to make contributions when payable, there shall be added to such indebtedness interest at 10% and liquidate damages in an amount not in excess of 20% of the amount of the indebtedness which the parties agree is a reasonable charge.” Furthermore, Section XXX.C.1., as well as various other sections of the collective bargaining agreement, requires that Employers make contributions by distributing to their employees, receipts in the weekly pay envelopes. As an example, if you paid your employees on Wednesday, November 11, 1992, for the payroll period November 1-7, 1992, you must also on November 11, 1992, give your employees receipts. Accordingly, you were informed that if benefits were not paid or are paid late, the offending Employer would be required to pay the aforementioned interest and penalties and, where such action is necessary to collect monies owed the Funds, the arbitration fees, arbitration costs and expenses and attorney’s fees in the amount of 25% of the indebtedness. Effective July 1, 2018, with regard to the interest and penalty charged on late payments, interest and liquidated damages will be charged as follows: There will be a 21-day grace period before interest will be assessed on the late payment of benefit contributions. If receipts are not provided to employees by the 21st day following the pay day they were due, interest will be added at the rate of .013% per day starting from the 22nd day. If receipts are not provided to employees by the 45th day following their due date, interest will be added at the daily rate of .027% from the 46th day thereafter as well as liquidated damages in the amount of 10% of the indebtedness. Please note there has been a revision in certain of the aforementioned fees. Accordingly, referring to examples set forth above, the following table will illustrate how the charges will be applied. Date of Payment: 11/11/92; Interest: -0-; Liquidated Damages: -0-; Date of Payment: 11/12-12/2/92; Interest: -0-; Liquidated Damages: -0-; Date of Payment: 12/2-12/25/92; Interest: .013%/day from 12/2; Liquidated Damages: 0%; Date of Payment: 12/26/92 thereafter; Interest: .027%/day from 12/26; Liquidated Damages: 10%; Employer and Union agree arbitration proceedings will be initiated to collect unpaid interest and liquidated damages. Pursuant to Section XXX.G., once arbitration is initiated, the Employer must pay the cost of any necessary audit, plus the arbitration fee as determined by the arbitrator and made a part of the Award, plus arbitration costs and expenses, if any, plus reasonable attorney’s fee in the amount of 25% of the indebtedness. ix The Trustees have designated the Director of Audits and Collections to collect all delinquencies, late payments and penalties due the Funds. If you have any questions concerning this matter, please call the Fund Office.