AGREEMENT
BETWEEN
ALLIED BUILDING METAL INDUSTRIES, INC.
AND
THE INTERNATIONAL UNION
OF
OPERATING ENGINEERS
LOCAL 14-14B AND
LOCAL 15-15A
July 1, 2024 through June 30, 2028
INDEX Page
Union Recognition and Union Security 3
Jurisdiction 3
Strikes and Lockouts 3
Settlement of Disputes 4
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Hours of Work 5
Overtime and Holidays 5
Shift Work 6
Pay Conditions 7
Work Conditions 7
Local 14 Wage Rates and Fringe Benefit Stamp 14
Local 14-14B Fringe Benefit Fund 15
Local 14-14B Union Dues Check-Off 21 Local 15 Wage Rates and Fringe Benefit Stamp 22
Local 15 Fringe Benefit Funds 22
Local 15, 15A, 15C & 15D Union Dues Check-Off 27
Trust Fund Protection 27
Equal Employment Opportunity 28
Savings Clause 29
Sick Leave 29
Target Committee 29
Currently Employed Engineers 29
Duration and Termination 29
Paid Family Leave Act 30
Storm Language 30
NYS Wage Theft 30
This AGREEMENT is made and entered into effective as of the first day of July, 2024, by and between ALLIED BUILDING METAL INDUSTRIES, INC. (hereinafter referred to as the “Association”), including its successors or assigns, for and on behalf of its members whose names appear on “Schedule A” attached hereto, hereinafter referred to jointly and individually as “Employer”, and such companies that may hereafter become members of the Association, and LOCALS 14 and 15 of the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO (hereinafter referred to as the “Union” or the “Unions”).
SECTION 1. UNION RECOGNITION AND UNION SECURITY
The Employer recognizes the Unions as the exclusive representatives of its employees in the performance of the work covered by this Agreement for the purpose of bargaining collectively with respect to wages, hours and other conditions of employment. The Employer shall employ members of the Unions in good standing with the Unions.
SECTION 2. JURISDICTION
1. Work and Geographic Jurisdiction
This Agreement is applicable to the work performed by engineers in the job classifications listed in Section 10 and stated in Section 9 herein on all structural steel erection work on buildings, bridges and other structures in the five counties of New York City and hoisting of all other material and equipment in conjunction with the structural steel erection work
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as required by the commercial agreement between the Employer and the general contractor or construction manager.
2. Craft Jurisdiction
The parties to this Agreement are subject to and agree to be bound by all decisions and/or awards made in accordance with the New York Plan for the Settlement of Jurisdictional Disputes as adopted on July 9, 1903 by the Building and Construction Trades Council of Greater New York and the Building Trades Employers’ Association, and amended on April 22, 1905; and, further, the parties agree that all disputes relative to questions of jurisdiction of craft or trade which may arise under this Agreement shall be resolved in accordance with the said New York Plan. Such decisions/awards may be subject to appeal by the Unions if, at the time they are rendered, there exists machinery at the national level for such appeals under a plan/program of the Building Trades Department of the AFL-CIO, subscribed to by the International Union of Operating Engineers, the parent organization of the Unions.
SECTION 3. STRIKES AND LOCKOUTS
1. There shall be no strikes, slowdowns, interference with production, or lockouts of
employees upon the work of the Employer; nor shall any employees collectively or in
concert leave the work of the Employer; nor shall any sympathetic strike against an
Employer be entered into by the Unions; nor shall there be any cessation of work pending
a decision of an Arbitrator designated in accordance with the provisions of Section 4,
herein; nor shall the condition of work of an Employer whose work is outside the
geographic jurisdiction covered herein be recognized as a valid reason for a strike or
lockout on such Employer’s work within the geographic jurisdiction of the Unions.
2. Exceptions to the above-stated provision may be made only for the following
reasons:
(a) refusal of a party to submit to arbitration in accordance with the provisions of
Section 4;
(b) failure of a party to carry out the award of an arbitrator designated in accordance
with the provisions of Section 4;
(c) for the specific reasons stated in Section 16, Trust Fund Protection.
SECTION 4. SETTLEMENT OF DISPUTES
1. Any grievance, complaint or dispute between the Unions and an Employer arising
out of this Agreement or as to the meaning, interpretation, application or alleged violation
of any provision or provisions of this Agreement, except as provided in subsection 4 below,
shall be handled in the first instance by a Union Business Agent, or an officer of the Union
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designated by the Union, and the Employer involved or a representative of the Employer
designated by the Employer, who shall do so within three (3) working days of the notice
of the event giving rise to the dispute and who shall attempt to resolve the matter within
two (2) working days thereafter.
2. Failing resolution at step 1, above, the matter shall be handled by a Union Business
Agent, or an Officer of the Union designated by the Union, and a representative of the
Association who shall do so within three (3) working days thereafter and who shall have
five (5) working days within which to resolve the matter.
3. Failing resolution at step 2, above, the aggrieved party may, within ten (10) working
days thereafter, submit the unresolved grievance, complaint or dispute to an Arbitrator
selected through the procedures of the American Arbitration Association. The Arbitrator’s
decision shall be final and binding upon the employee or employees of the Employer
involved and upon the Employer and the Union involved. The Arbitrator shall be
empowered to employ all the powers granted to arbitrators under the Civil Practice Rules
of Procedure of the State of New York and shall be authorized to compel the production of
books and records involved in a dispute. The expense of an arbitration proceeding shall be
borne equally by the Employer involved and by the Union involved.
4. In disputes concerning contributions to the various trust funds provided for in this
Agreement, an Arbitrator shall take cognizance of the provisions of Section 16, TRUST
FUND PROTECTION and apply them accordingly.
5. The foregoing provisions for the settlement of disputes and arbitration are not
intended and shall not be construed as in anywise qualifying or making subject to change
any provisions of this Agreement including, but not limited to, the handling of negotiations
for a new Agreement, change in wage scale or jurisdictional dispute.
6. This Agreement contains all of the provisions agreed upon by the Employers and
the Unions. Neither the Employers nor the Unions shall be bound by rules, regulations or
agreements not contained herein.
SECTION 5. HOURS OF WORK
(a) Eight (8) hours shall constitute a regular day’s work, from 8:00 a.m. to 4:30
p.m., Monday through Friday, with a lunch period from 12 noon to 12:30 p.m.,
and five (5) such days, for a total of forty (40) hours, shall constitute the work
week.
(b) Notwithstanding the provisions of Section 5 (a) above, upon notice to the
Union, employees shall be permitted to work a shift with a starting time of 7:00
a.m. at straight time rates so long as the Employer’s entire work crew is working
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in accordance with the 7:00 a.m. starting time. Such shift shall remain in place
for a minimum of forty (40) hours.
SECTION 6. OVERTIME AND HOLIDAYS
1. All work outside the regular working hours, including all work on Saturdays and
Sundays, excepting shift work, shall be paid for at the double time rate, as shall all work
on the following holidays, to wit: New Year’s Day, Martin Luther King Jr. Day, President’s
Day, Good Friday, Decoration Day, Independence Day, Labor Day, Columbus Day,
Election Day, Armistice Day, Thanksgiving Day, Christmas Day, or days celebrated as such
by New York State.
2. Any of the aforementioned holidays that fall on a Saturday will be observed in
accordance with the New York State General Construction Law Article 2, Section 24.
3. All Employees covered by this Agreement shall receive eight (8) hours pay at the
double time rate and the double time fringe if the said above-mentioned holiday is worked.
If the employee works four (4) days in the payroll week for a single employer and he or
she does not work the said holiday, the employee shall receive eight (8) hours straight time
pay and eight (8) hour holiday stamp.
There will be no benefit fund contributions on the Annuity, Vacation, Voluntary Annuity, Apprentice and/or Training Funds, Medical Reimbursement, PAC, Defense Fund, or LMCT Funds.
Said member will receive a holiday stamp, which shall include welfare, pension, and supplemental dues only. When a member covered by this Agreement is employed in a payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hour holiday prorated stamp for each date worked in a payroll week (i.e., one (1) day – two (2) hours, two (2) days – four (4) hours, three (3) days – six (6) hours, four (4) days – eight
(8) hours).
4. When a holiday is worked and the operating engineer is unable to work then only
the replacement operating engineer receives holiday pay.
5. If an employee is ordered out for work on a Saturday or Sunday or on one of the
holidays enumerated above but performs no work through no fault of his own, he shall be
paid for eight (8) hours at double time; and, if he is ordered to report for work prior to 8:00
a.m. on such days, he shall also receive double time for each hour prior to 8:00 a.m. even
though no work is performed through no fault of his own.
6. Notwithstanding anything to the contrary contained in this Agreement, on Tenant
Change (Alteration Work) in occupied buildings, the first eight (8) hours worked by the
Operating Engineers in any given day shall be paid for on a straight-time basis.
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SECTION 7. SHIFT WORK
Shifts may be worked at the single time rate at other than the regular working hours as above set forth on the following work only:
(a) heavy construction jobs, and
(b) on work below the street level over railroad tracks on building jobs.
If shifts are required they may be worked in one shift of eight (8) hours, two consecutive shifts starting at 8:00 a.m. of seven (7) hours each. All work in excess of eight (8) hours when one shift is worked, and in excess of seven (7) hours when two or three shifts are worked, performed in any single twenty-four (24) hour period, shall be paid for at the double time rate. When the Engineer works with the mechanics of a trade who are working two (2) shifts at eight (8) hours, the Engineer will work the additional hour on each shift of a two (2) shift job at straight time. Even though shifts are worked, all work performed after 12 midnight Friday, and before 12 midnight on Sunday shall be paid for at the double time rate. Operating and service engineers shall not be required to work on a shift basis as herein set forth except when the structural ironworkers with whom they shall be working also shall be on a shift basis.
Notwithstanding the above, off-shift work on public works only shall be paid as follows:
The first eight hours shall be paid at 160% of the straight time wage, and fringes shall be paid at the double time rate. All work over eight hours shall be paid at the double time rate, i.e., 200% of the normal straight time rate.
SECTION 8. PAY CONDITIONS
1. The word “job” as used in this Section means that stage or part of the operations on
a construction project for which an employee covered hereby is specifically hired before
entering upon his employment.
2. Engineers and service engineers shall be paid weekly for a full forty (40) hour week
at the applicable rate per hour except that during the first and last pay week during which
any of the employees covered hereby is employed on a job, he shall be paid for the actual
days worked. On jobs of less than three (3) consecutive days duration he shall be paid for
the actual days worked. If work on a job is interrupted before the work of any such
employee thereon is complete, he shall receive pay for the full pay week ending when or
during which such layoff shall have taken place. If such employee is put back at work on
the same job after five consecutive working days on the same work assignment after the
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day of the layoff or other job interruption, he shall be paid for the actual days worked
during the pay week in which he shall have returned to work.
3. If an employee covered hereby is hired, put to work, and thereafter found to be
incompetent, his services may be dispensed with, but he shall be entitled to the single time
pay as set forth herein until paid. An employee ordered to a job shall be entitled to one
day’s pay at the single time rate in case he reports and is not put to work.
4. An employee covered hereby shall not receive pay for any time during which he
shall claim to have been employed on a job unless he shall have been hired for such work
by the Employer or shall have been ordered to such work under a decision pursuant to the
terms of Section 4.
5. When work is located outside the borough in which the Employer’s office is situated
and the carfare and ferry fare by the usual route to such work is more than one ($1.00)
dollar daily, the excess shall be paid by the Employer, except when the work is located in
the borough or locality in which the employee resides.
SECTION 9. WORK CONDITIONS
1. In general all operating engineers and service engineers employed on structural steel
erection work shall be selected at the site of the work by the foreman or superintendent
in charge thereof.
2. The Employer shall designate the person in his employ who is authorized to order the
hoisting engineer to raise material.
3. At the start of a job the operating engineer shall be consulted as to signaling devices
and there shall be mutual agreement on the method of signaling for the job in question,
which agreed-upon method shall remain in effect until the completion of the job.
4. All employees covered hereby shall be on the work in ample time to have the
machinery operated by them ready for operation at the usual time at which the other
workmen employed on such work by the Employer shall start work.
5. Engineers shall be closed in and protected from weather and falling material at all
times. An engineer shall not be required to operate a hoisting machine located in the
basement of the building after the fourth floor slab has been finished.
6. Operating engineers shall not do other than engineers work, to wit: fitting up,
dismantling, maintaining, repairing and operating the machinery under their control.
7. When any employee is directed by the Employer to hoist for another contractor, the
Employer will hold the employee harmless from any and all liability arising therefrom.
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8. An engineer shall hoist only the material of his Employer. If the engineer is required
to hoist for any other contractor and/or subcontractor that does not have an Agreement
with the Union, and such other contractor, cm or subcontractor performs bargaining
unit work otherwise covered by an agreement with the union, then the hoisting shall
only be done at the mutual consent of the Employer and the Union.
9. On each job on which air compressors, welding machines, welding generators, lighting
generators, or any combination of the foregoing are operated, the following shall apply
to the operation and maintenance of such auxiliary equipment:
(a) One engineer (Local 14) shall operate and maintain a combination
of up to six engine driven compressors and/or six engine driven
welding machines on the same job and shall be employed on the first
piece of equipment.
(b) One engineer (Local 14) shall operate and maintain two engine
driven compressors and two engine driven welding generators and
an unlimited number of electrically driven welding machines on the
same job and shall be employed on the first piece of equipment.
(c) One engineer (Local 14) shall operate and maintain two engine
driven generators and two electrically driven compressors and an
unlimited number of electrically driven welding machines on the
same job and shall be employed on the first piece of equipment.
(d) On welding operations of four days or less on which one welding
machine is required, no engineer need be employed to operate and
maintain such machine. However, if the Employer does not notify
the Union of its intention to use such machine and its location, then
an engineer shall be required. If in the event of unusual
circumstances, it is determined on the fourth day of such welding
operation that a fifth day is required, upon notice to the Union, no
engineer need be employed to operate and maintain such machine
on that 5th day.
(e) One (1) maintenance engineer will maintain up to fifteen (15)
lighting generators provided they are used exclusively for providing
illumination.
(f) When equipment such as described in (a), (b), (c) and (e), exceed
the numbers specified respectively in these paragraphs,
another engineer shall be employed who shall aid in operating
and maintaining such added equipment.
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(g) It shall be deemed contrary to these rules to obtain air from sources
not operated by construction employees of the class covered hereby,
but this shall not prevent the use of so-called bottled air.
(h) A service mechanic on a crawler crane (straight lattice boom with
no attachments), crawler tower crane and truck crane will
maintain up to 2 lights, pumps or heaters in any combination
and be paid the maintenance rate of pay. This provision does
not apply to pedestal or climbing tower cranes.
(i) A Local 15 Oiler (Service Mechanic) on a crawler crane will
maintain up to two (2) hydraulic crawler cranes and/or crawler
cranes having only a straight lattice boom, with no attachments or
luffing boom or a jib and no auxiliary attachment. When two (2)
such cranes in any combination are operating at the same time said
Oiler (Service Mechanic) will be paid at the maintenance rate.
10. On each job where one or more guy derricks and/or travelers are used, one maintenance
engineer (Local 15) shall be employed whose duties shall be to fuel, oil, grease and
maintain all equipment on the job and who shall be properly qualified to perform such
duties.
11. When a truck crane is moved a service engineer on mobile crane shall be employed in
addition to the engineer to drive such crane and when a tractor crane is moved, a
service mechanic on crawler crane shall be employed to assist the engineers. An
engineer and a service engineer on mobile crane or a service mechanic on crawler
crane employed during the usual working hours of a day and who are required to move
a crane on the same day at other than the usual working hours shall be paid at the
double time rate for the time they are engaged in moving the crane. An engineer or a
service engineer on mobile crane or a service mechanic on crawler crane employed to
move a crane at other than the usual working hours and who has not been employed
during the usual working hours of that day shall be paid a minimum of one day’s pay
at the double time rate of such service.
12. A service engineer on mobile crane (Local 15) duly qualified to drive a truck crane,
shall be employed to drive each truck crane, and to assist the engineer operating such
truck crane. On all other types of cranes a service mechanic on crawler crane shall be
employed to assist the engineer operating such crane during the time that such crane
is used in handling steel at the job.
13. A crew of a Local 14 engineer and a Local 15 maintenance engineer shall be employed
on all tower cranes, including truck mounted and crawler type.
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14. Where piles are being driven or extracted with a vibratory pile driver, an engineer
(Local 14) shall operate the push buttons used to control the operation of the vibratory
hammer when such control and hammer are mounted on the crane or derrick boat; and,
under these conditions the crew shall report one (1) hour before starting time and
receive pay for such hour at the double time rate.
If a vibratory console is separate from the crane or derrick, the crew shall consist of one (1) Local 14 engineer and one (1) Local 15 service engineer.
15. The within paragraph shall be applicable only to climbing cranes (not including
derricks) and shall have no other application to or bearing upon any other work or
pieces of equipment.
(a) A crew composed of one member from Local 14 and one member
from Local 15 shall be hired on the first day that erection of the
equipment begins.
(b) The wage rate for Local 14 shall be the equivalent of the long boom
crane operator, i.e., an additional rate of two dollars and fifty cents
($2.50) per hour.
(c) Each member of the crew shall receive no more than one hour per
day climbing time at the double time rate. Climbing time will start
when the equipment is power activated.
(d) If the crew remains in the cab during lunch, they will receive 1/2
hour wages at the double time rate. If the crew works any time
during the lunch period, they will receive one hour wage at the
double time rate. In case of emergency this clause shall not apply.
(e) In the dismantling of the equipment the crew shall be employed until
power is terminated on the equipment. After the power is terminated
the crew shall remain on the job payroll while the equipment is being
dismantled for at least 40 hours, they shall operate any auxiliary
equipment necessary to dismantle the machines.
16. Master Mechanic
There shall be only one (1) master mechanic on a job site. If there is no Master Mechanic on a job site when the Employer (Steel Erector) commences work, he shall employ a Master Mechanic only if and during such time when he employs any four (4) Local 14-14B Engineers or a combination of five (5) Operating Engineers Local 14 and 15 whichever comes first. In calculating the combination of five (5) Engineers (14 and 15), a minimum of two (2) Engineers from Local 14 must be employed. As of July 1, 2024, on one contract or job site, a Master Mechanic shall be employed by the General Contractor,
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Owner, Builder, Owner-Builder, or Construction Manager during the employment of the combinations of Engineers as stipulated above on a job of $110,000,000 or more or on a building site where the cost of the total project is $25,000,000 or more. The value of the project will then increase by $5,000,000 on July 1st of each year of the term of this Agreement.
Design Build and/or Alternative Delivery Methods: Where a project is appropriately classified as a “Design Build” and/or “Alternative Delivery Methods,” design costs and inspection costs will be excluded from the total gross contract value for the purposes of determining the value for the Master Mechanic.
If the above stipulated combinations of Operating Engineers, who are under the jurisdiction of Local 14 and Local 15 as set forth in this Agreement are employed by a Contractor, or any combination of Contractors on the same job, a Master Mechanic must be employed by the General Contractor, Owner, Builder, Owner-Builder, or Construction Manager. The Employer covered by this Agreement herein agrees not to proceed with any of its work, which is under the jurisdiction of Local 14, until said General Contractor, Owner, Builder, Owner-Builder, or Construction Manager employs and assumes the compensation for said Master Mechanic. The word “job” as used herein means a site and/or portion thereof upon which a planned improvement will be constructed.
Overtime will be paid to the Master Mechanic when any one man under this Agreement is receiving overtime. The Master Mechanic shall be paid only for hours worked on the job site in accordance with the provisions of this Agreement. The Master Mechanic will not receive compensation for any off site overtime, i.e., travel time, work not directly performed by the Master Mechanic.
The hours worked per day by the Master Mechanic shall not exceed fifteen (15) hours unless in an emergency and at the request of the Employer.
On a job where Operating Engineers under the supervision of the Master Mechanic work in excess of twenty (20) hours per day for a duration of more than one (1) week, a second Master Mechanic shall be employed. The second Master Mechanic shall work and be compensated for the hours of employment of Operating Engineers not covered by the first Master Mechanic. A second Master Mechanic shall be paid for not less than seven (7) hours in accordance with the provisions of this Agreement.
Where a Master Mechanic is employed by the General Contractor, Owner, Builder, Owner-Builder, or Construction Manager resulting from the combinations stipulated above employed under a combination of agreements, the working conditions of the Master Mechanic shall be determined by the Agreement covering the majority of Engineers employed.
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The Master Mechanic shall be designated by the Union, subject to the approval of the General Contractor, Owner, Builder, Owner-Builder or Construction Manager and will be responsible for the performances of their duties by the Engineers, Maintenance Engineers, Junior Engineers, Service Engineers and Oilers. He shall operate a machine in emergencies only and then only until such time as the services of an Operating Engineer can be obtained.
On jobs requiring a Master Mechanic, a pre-job conference will be held, at which time the Union shall designate the Master Mechanic, subject to the approval of the contractors.
(a) Allied Building Metal Industries, Inc., will recognize that any and all
Local 14-14B and Local 15 members employed on a job site will count
toward the Master Mechanic count regardless of who employs them and
regardless of the type of work being performed, i.e., Heavy
Construction, Steel Erection, Mason Contractors, etc., except as
stipulated below. Furthermore, Allied Building Metal Industries, Inc.,
will agree that no work will proceed unless and until the provisions
regarding the Master Mechanic are met.
(b) Certain conditions shall be recognized in determining whether a Master
Mechanic will be employed:
* Members of Local 15D shall not be counted towards the Master
Mechanic.
* Trainees shall not count towards the count for the Master
Mechanic.
* Oilers/Maintenance Engineers shall not count towards the Master
Mechanic when they are the second man on a piece of equipment.
* On all multiple manned equipment, only one (1) man, the
operator shall count towards the Master Mechanic.
* On temporary heat, only one (1) Local 15 Engineer will count
towards the Master Mechanic no matter how many are employed
to maintain temporary heat.
* Regarding well points and deep wells, only one (1) Engineer on
such system(s) on a job site will count towards the Master
Mechanic.
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* Engineer(s) manning electric sump pumps will not count towards
the Master Mechanic.
* A Relief Engineer (Local 14) assigned to a job who covers more
than one (1) rig shall count towards the Master Mechanic.
(c) The Master Mechanic so employed shall receive six dollars and fifty
cents ($6.50) per day more wages than the highest paid Engineer on the
job payroll of the Employer. On each job of the Employer that is located
in the territorial jurisdictions of both Local Unions 14 and 15 and
another Local Union of the International Union of Operating Engineers
on which five (5) or more Operating Engineers are employed on any one
shift by one (1) Employer, a Master Mechanic shall be employed by
such Employer from Local Union 14.
17. Hydraulic Cranes
An Engineer (Truck Crane/Service Engineer rate), Local 15, shall be employed on all hydraulic cranes over 70,000 pounds G.V.W. in addition to an Operating Engineer, Local 14; such cranes up to and including 70,000 pounds G.V.W. shall be manned by one (1) employee, a Local 14 Operating Engineer.
18. Scissor Lift Trucks
Scissor Lift Trucks, when used as a scaffold or welding platform; to hoist plates, angles, bolts, welding supplies or other material used for steel connection and equipment used in connection therewith, shall not be manned by an Operating Engineer. When a Scissor Lift Truck is used to hoist structural steel, it will be manned by an Operating Engineer.
19. Where an Employer is operating any combination of three (3) or more of the
following pieces of equipment on a job site: any tower crane, any derrick
(regardless of boom length) and/or crane with more then 150 feet of boom, there
shall be employed a relief engineer who shall be paid the basic Operating Engineer
wage rate for such equipment. Such relief engineer shall not receive pay for
climbing time or additional pay as set forth in Section 10 (E) of this Agreement.
20. An Auxiliary Engineer, Local 14 shall be employed on all “moogs”.
21. In the event that a visual inspection of a crane is performed using a drone, the drone
may be operated by the crane operator or the Master Mechanic if properly qualified
and licensed to operate the drone. No additional manning will be required to operate
a drone for a visual crane inspection.
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SECTION 10. LOCAL 14 WAGE RATES AND FRINGE BENEFIT STAMP
Effective 7/1/24, the following wage rates shall be paid to employees in the job classifications listed for the periods specified:
A. The rate for the Engineer on the Triple Drum Hoist or Guy Derrick or
Traveler shall be as follows:
July 1, 2024 to June 30, 2025: $100.141
July 1, 2025 to June 30, 2026: +$3.41*
July 1, 2026 to June 30, 2027: +$3.41*
July 1, 2027 to June 30, 2028: +$3.41*
B. The rate for Engineers Operating Hoist Equipment (Cranes, Two Drum
Derricks, Hydraulic Cranes, Fork Lifts) shall be as follows:
July 1, 2024 to June 30, 2025: $96.261
July 1, 2025 to June 30, 2026: +$3.32*
July 1, 2026 to June 30, 2027: +$3.32*
July 1, 2027 to June 30, 2028: +$3.32*
C. The rate for Engineers on Auxiliary Equipment (Compressors, Moogs,
Welding Machines) shall be as follows:
July 1, 2024 to June 30, 2025: $56.341
July 1, 2025 to June 30, 2026: +$1.00*
July 1, 2026 to June 30, 2027: +$1.00*
July 1, 2027 to June 30, 2028: +$1.00*
For Auxiliary Engineers on public jobs who operate compressor(s) only which are not combined with welding machines.
July 1, 2024 to June 30, 2025: $53.691
July 1, 2025 to June 30, 2026: +$1.00*
July 1, 2026 to June 30, 2027: +$1.00*
July 1, 2027 to June 30, 2028: +$1.00*
1 It is agreed that Local 14 shall have the right to reallocate a portion of the wage increase which became effective on July 1, 2024 to fringe benefit contributions.
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(*) It is agreed that Local 14 shall have the right to allocate these total economic packages between wage rates and fringe benefit contributions after notifying the Association in writing thirty (30) days before said allocations are to become effective.
D. Fringe Benefit Stamp
July 1, 2024 to June 30, 2025: $39.72 per hour. (subject to adjustment in accordance with
footnote 1 above.)
July 1, 2025 to June 30, 2026: To be determined in accordance with (*) above.
July 1, 2026 to June 30, 2027: To be determined in accordance with (*) above.
July 1, 2027 to June 30, 2028: To be determined in accordance with (*) above.
E. Operating Engineers shall receive additional pay of:
1. Two dollars and twenty-five cents ($2.25) per hour when operating a crawler or
truck crane with a boom (including a jib) of 100 feet, but less than 150 feet. The length of
the boom will be measured from pin to pin.
2. Two dollars and fifty cents ($2.50) per hour when operating a crawler or truck crane
with a boom (including jib) of 150 feet, but less than 250 feet. The length of the boom will
be measured from pin to pin.
3. Two dollars and seventy-five cents ($2.75) per hour when operating a crawler or
truck crane with a boom (including jib) of 250 feet, but less than 350 feet. The length of
the boom will be measured from pin to pin.
4. Three dollars and twenty-five cents ($3.25) per hour when operating a crawler or
truck crane with a boom (including jib) of 350 feet, but less than 450 feet. The length of
the boom will be measured from pin to pin.
5. An amount equal to one hour’s straight time pay per day when they are required to
have their hoists warmed up and running by 8 o’clock, when such hoist is located on the
twelfth floor or higher of a tier building.
SECTION 11. LOCAL 14-14B FRINGE BENEFIT FUNDS
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A. Pension Fund
1. For each hour worked by each employee covered by this Agreement, the Employer
shall make contributions to the Local 14-14B Pension Fund as follows:
Effective 7/1/24 through 6/30/25: $6.30 per hour. (Subject to adjustment in accordance with the provision of Section 10, footnote 1 of this Agreement.)
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
2. No contributions shall be made on the premium portion of double time or overtime
hours so that if any employee works fifty (50) hours, as an example, the employer
contribution shall be fifty (50) times the rate stated above.
3. For the purpose of this sub-section, Local 14-14B shall be considered to be a
contributing employer and shall make contributions on behalf of its full-time employees
who are not members of another Union for collective bargaining purposes.
4. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Pension Fund and shall be given to the employees in accompaniment with
their weekly pay. The said stamps shall be remitted by the employees to the Local 14-14B
Pension Fund at such times as designated by the Trustees of the Fund.
5. The Employer contributions shall be used exclusively to provide pension benefits
through a plan qualified by the Internal Revenue Service in such form and amount as the
Trustees of the Fund may determine, as well as for the organization and administration
expenses of the Fund.
6. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
17
B. Welfare Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the Local 14-14B Welfare Fund as follows:
Effective 7/1/24 through 6/30/25: $14.50 per hour. (Subject to adjustment in accordance with the provision of Section 10, footnote 1 of this Agreement.)
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
accordance with the provisions of
Section 10 of this Agreement.
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Effective 7/1/25 through 6/30/26:
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
2. Contributions shall be made on the premium portion of double time or overtime
hours so that if an employee works fifty (50) hours, of which ten (10) are paid at double
time, as an example, the employer contribution shall be sixty (60) times the rate stated
above.
3. For the purpose of this sub-section, Local 14-14B shall be considered to be a
contributing employer and shall make contributions on behalf of its full-time employees
who are not members of another Union for collective bargaining purposes.
4. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Welfare Fund and shall be given to the employees in accompaniment with
their weekly pay. The said stamps shall be remitted by the employees to the Local 14-14B
Welfare Fund at such times as designated by the Trustees of the Fund.
5. The Employer contributions shall be used exclusively to provide benefits through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
6. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
C. Annuity Fund
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
accordance with the provisions of
Section 10 of this Agreement.
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1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to a qualified Annuity Fund as follows:
Effective 7/1/24 through 6/30/25: $10.50 per hour. (Subject to adjustment in accordance with the provision of Section 10, footnote 1 of this Agreement.)
Effective 7/1/25 through 6/30/26: An amount as determined in
Effective 7/1/26 through 6/30/27:
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
2. Contributions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the employer contribution shall be sixty (60) times the rate stated above.
3. For the purpose of this sub-section, Local 14-14B shall be considered to be a
contributing employer and shall make contributions on behalf of its full-time employees
who are not members of another Union for collective bargaining purposes.
4. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Annuity Fund and shall be given to the employees in accompaniment with
their weekly pay. The said stamps shall be remitted by the employees to the Local 14-14B
Annuity Fund at such times as designated by the Trustees of the Fund.
5. The Employer contributions shall be used exclusively to provide benefits through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
6. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law and which is hereby incorporated
by reference and made part hereof.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
accordance with the provisions of
Section 10 of this Agreement.
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D. Voluntary Annuity Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to a qualified Voluntary Annuity Fund as follows:
Effective 7/1/24 through 6/30/25: $4.50 per hour. (*) (Subject to adjustment in accordance with the provisions of Section 10, footnote 1 of this Agreement.)
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in
Effective 7/1/27 through 6/30/28:
(*) [includes $.05 or such other amount which may be voluntarily allocated to the Local 14-14B Voluntary Political Action Committee (VPAC).]
2. Contributions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the employer contribution shall be sixty (60) times the rate stated above.
3. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Voluntary Annuity Fund and shall be given to the employees in
accompaniment with their weekly pay. The said stamps shall be remitted by the employees
to the Local 14-14B Voluntary Annuity Fund at such times as designated by the Trustees
of the Fund.
4. The Employer contributions shall be used exclusively to provide benefits through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
An amount as determined in
accordance with the provisions of
Section 10 of this Agreement.
accordance with the provisions of
Section 10 of this Agreement.
21
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law and which is hereby incorporated
by reference and made part hereof.
E. Training and Retraining Fund, Local 14-14B
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to an appropriate, qualified Trust as follows:
Effective 7/1/24 through 6/30/25: $1.15 per hour. (*) (Subject to adjustment in accordance with the provisions of Section 10, footnote 1 of this Agreement.)
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in
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(*) Fifteen cents ($.15) per hour of this contribution will be used to meet the demands set forth by the United States Government under Title VII and the United States District Court for the purpose of training and retraining minority members described in said order. Active members of Local 14-14B, pursuant to the order of the Federal Court, shall be able to participate in this training and retraining program in recognition of their existing contribution of One dollar ($1.00) per hour. The total contribution of One dollar and fifteen cents ($1.15) per hour shall be included in the Fringe Benefit Stamp.
2. Contributions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the employer contribution shall be sixty (60) times the rate stated above.
3. The required Employer contributions shall be paid in stamps purchased from the
Local 14-14B Training Fund and shall be given to the employees in accompaniment with
their weekly pay. The said stamps shall be remitted by the employees to the Local 14-14B
Training Fund at such times as designated by the Trustees of the Fund.
4. The Employer contributions shall be used exclusively to provide retraining and
apprenticeship programs through a plan qualified by the Internal Revenue Service in such
form and amount as the Trustees of the Fund may determine, as well as for the organization
and administration expenses of the Fund.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
F. Defense Assessment
1. Commencing July 1, 2024 and continuing through June 30, 2028, the Employer
agrees that there will be deducted from the economic package paid to each employee
working under the jurisdiction of Local 14-14B the sums listed herein, which sums
constitute part of each employee’s Defense Assessment, and shall remit the same to the
Union. The Union agrees to indemnify and hold harmless the Employer from any and all
claims and/or actions arising out of such deduction.
Effective 7/1/24 through 6/30/25: $0.10 per hour. (Subject to adjustment in accordance with the provisions of Section 10, footnote 1 of this Agreement.)
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
23
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 10 of this Agreement.
2. Deductions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the deduction shall be sixty (60) times the rate stated above.
3. The Employer shall remit the above stated deduction to the Union. The method of
remittance shall be by paying such sums over to the Office of Local 14-14B by means of
purchase of consolidated stamps to be issued to all employees.
SECTION 12. LOCAL 14-14B UNION DUES CHECK-OFF
1. The Employer shall deduct from the economic package paid to the employees
working under the jurisdiction of Local 14-14B, the following sums which constitute part
of each employee’s Union dues:
Effective 7/1/24 through 6/30/25: $2.42 for each hour paid. (Subject to adjustment in accordance with the provisions of Section 10, footnote 1 of this Agreement.)
Effective 7/1/25 through 6/30/26: Such sums as shall be certified from time to time by the Financial
Secretary of the Union.
Effective 7/1/26 through 6/30/27: Such sums as shall be certified from time to time by the Financial
Secretary of the Union.
Effective 7/1/27 through 6/30/28: Such sums as shall be certified from time to time by the Financial
Secretary of the Union.
2. Deductions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the deduction shall be sixty (60) times the rate stated above.
3. The Employer shall remit the above-stated deductions to the Union. The method
of remittance shall be by paying such sums over to the Office of Local 14-14B Voluntary
24
Annuity and Annuity Funds by means of purchase of consolidated stamps to be issued to
all employees. It is mutually agreed that the employee assignments authorizing the
aforementioned check-off shall be in blanket form and filed in the Fund Office of the Local
14-14B Voluntary Annuity and Annuity Funds. The Union agrees to indemnify and hold
harmless the Employer from any and all claims and/or actions arising from such deduction.
SECTION 13. LOCAL 15 WAGE RATES AND FRINGE BENEFIT STAMP
Effective 7/1/24, the following wage rates shall be paid to employees in the job classifications listed for the periods specified:
A. Maintenance Engineer
7/1/24 through 6/30/25: $70.95 per hour.
7/1/25 through 6/30/26: +$2.92 per hour. (*)
7/1/26 through 6/30/27: +$2.92 per hour. (*)
7/1/27 through 6/30/28: +$2.92 per hour. (*)
B. Service Engineer – On Mobile Crane
7/1/24 through 6/30/25: $66.10 per hour.
7/1/25 through 6/30/26: +$2.81 per hour. (*)
7/1/26 through 6/30/27: +$2.81 per hour. (*)
7/1/27 through 6/30/28: +$2.81 per hour. (*)
C. Service Mechanic – On Crawler Crane
7/1/24 through 6/30/25: $47.74 per hour.
7/1/25 through 6/30/26: +$1.00 per hour. (*)
7/1/26 through 6/30/27: +$1.00 per hour. (*)
7/1/27 through 6/30/28: +$1.00 per hour. (*)
(*) It is agreed that Local 15 shall have the right to allocate these total economic packages between wage rates and fringe benefit contributions after notifying the Association in writing sixty (60) days before said allocations are to become effective.
D. Fringe Benefit Stamp
7/1/24 through 6/30/25: $48.95 per hour.
7/1/25 through 6/30/26: To be determined in accordance with (*) above.
25
7/1/26 through 6/30/27: To be determined in accordance with (*) above.
7/1/27 through 6/30/28: To be determined in accordance with (*) above.
SECTION 14. LOCAL 15 FRINGE BENEFIT FUNDS
A. Welfare Fund
1. For each hour paid to each employee covered by this Agreement, the Employer shall
make contributions to the Welfare Fund of the International Union of Operating
Engineers, Locals No. 15, 15A, 15C, 15D (“Welfare Fund”) as follows:
Effective 7/1/24 through 6/30/25: $14.47 per hour.
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
2. Contributions shall be made on the premium portion of double time or overtime hours
so that if an employee works fifty (50) hours, of which ten (10) hours are paid at double
time as an example, the employer contribution shall be sixty (60) times the rate stated
above.
3. For the purpose of this sub-section, Locals 15 and 15A shall be considered to be a
contributing employer and shall make contributions on behalf of its full-time employees
who are not members of another Union for collective bargaining purposes.
4. The required Employer contributions shall be paid in stamps purchased from the Welfare
Fund and shall be given to the employees in accompaniment with their weekly pay. The
said stamps shall be remitted by the employees to the Welfare Fund at such times as
designated by the Trustees of the Fund.
5. The Employer contributions shall be used exclusively to provide benefits through a plan
qualified by the Internal Revenue Service in such form and amount as the Trustees of
26
the Fund may determine, as well as for the organization and administration expenses of
the Fund. The Welfare Fund shall provide, without further contributions from either the
Employer or the employees, an approved plan of coverage as required by the New York
State Disability Benefits Law.
6. The Welfare Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
B. Pension Fund
1. For each hour worked by each employee covered by this Agreement, the Employer
shall make contributions to the Pension Fund of the International Union of Operating
Engineers, Locals No. 15, 15A, 15C, 15D (“Pension Fund”) as follows:
Effective 7/1/24 through 6/30/25: $7.40 per hour.
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
2. No contributions shall be made on the premium portion of double time or overtime
hours so that if an employee works fifty (50) hours, as an example, the employer
contribution shall be fifty (50) times the rate stated above.
3. For the purpose of this sub-section, Locals 15 and 15A shall be considered to be a
contributing employer and shall make contributions on behalf of its full-time employees
who are not members of another Union for collective bargaining purposes.
4. The required Employer contributions shall be paid in stamps purchased from the
Pension Fund and shall be given to the employees in accompaniment with their weekly
pay. The said stamps shall be remitted by the employees to the Pension Fund at such times
as designated by the Trustees of the Fund.
5. The Employer contributions shall be used exclusively to provide benefits through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
27
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
6. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
C. Annuity Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the Joint International Union of Operating Engineers, Locals
15, 15A Annuity Fund (“Annuity Fund”) as follows:
Effective 7/1/24 through 6/30/25: $14.50 per hour.
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
2. Contributions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the employer contribution shall be sixty (60) times the rate stated above.
3. For the purpose of this sub-section, Locals 15 and 15A shall be considered to be a
contributing employer and shall make contributions on behalf of its full-time employees
who are not members of another Union for collective bargaining purposes.
4. The required Employer contributions shall be paid in stamps purchased from the
Annuity Fund and shall be given to the employees in accompaniment with their weekly
pay. The said stamps shall be remitted by the employees to the Annuity Fund at such times
as designated by the Trustees of the Fund.
5. The Employer contributions shall be used exclusively to provide benefits through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
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6. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
D. Vacation Fund
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the Vacation Fund of the International Union of Operating
Engineers, Local Unions No. 15, 15A, 15D (“Vacation Fund”) as follows:
Effective 7/1/24 through 6/30/25: $6.80 per hour (*)
Effective 7/1/25 through 6/30/26: An amount as determined in
accordance with the provisions of Section 13 of this Agreement. (*)
Effective 7/1/26 through 6/30/27: An amount as determined in
accordance with the provisions of Section 13 of this Agreement. (*)
Effective 7/1/27 through 6/30/28: An amount as determined in
accordance with the provisions of Section 13 of this Agreement. (*)
(*) [includes $.05 or such other amount which may be voluntarily allocated to the Local 15-15A Voluntary Political Action Committee (VPAC).]
2. Contributions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the employer contribution shall be sixty (60) times the rate stated above.
3. The required Employer contributions shall be paid in stamps purchased from the
Vacation Fund and shall be given to the employees in accompaniment with their weekly
pay. The said stamps shall be remitted by the employees to the Vacation Fund at such times
as designated by the Trustees of the Fund.
4. The Employer contributions shall be used exclusively to provide benefits through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
E. Apprentice Fund
29
1. For each hour paid to each employee covered by this Agreement, the Employer
shall make contributions to the International Union of Operating Engineers, Local Unions
No. 15, 15A, 15D Apprenticeship, Skill Improvement and Safety Fund (“Apprentice
Fund”) as follows:
Effective 7/1/24 through 6/30/25: $1.10 per hour.
Effective 7/1/25 through 6/30/26: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/26 through 6/30/27: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
Effective 7/1/27 through 6/30/28: An amount as determined in accordance with the provisions of Section 13 of this Agreement.
2. Contributions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the employer contribution shall be sixty (60) times the rate stated above.
3. The required Employer contributions shall be paid in stamps purchased from the
Apprentice Fund and shall be given to the employees in accompaniment with their weekly
pay. The said stamps shall be remitted by the employees to the Apprentice Fund at such
times as designated by the Trustees of the Fund.
4. The Employer contributions shall be used exclusively to provide programs through
a plan qualified by the Internal Revenue Service in such form and amount as the Trustees
of the Fund may determine, as well as for the organization and administration expenses of
the Fund.
5. The said Fund shall continue to be administered pursuant to an Agreement and
Declaration of Trust which conforms to applicable law.
SECTION 15. LOCALS 15, 15A, 15C, 15D UNION DUES CHECK-OFF
1. The Employer shall deduct from the wages of (economic package paid to) the
employees working under the jurisdiction of Local 15, the following sums which constitute
part of each employee’s Union dues:
Effective 7/1/24 through 6/30/25: $3.68 for each hour paid.
30
Effective 7/1/25 through 6/30/26: Such sums as shall be certified from time to time by the Financial
Secretary of the Union.
Effective 7/1/26 through 6/30/27: Such sums as shall be certified from time to time by the Financial
Secretary of the Union.
Effective 7/1/27 through 6/30/28: Such sums as shall be certified from time to time by the Financial
Secretary of the Union.
2. Deductions shall be made on the premium portion of overtime paid so that if an
employee works fifty (50) hours, of which ten (10) hours are paid at double time, as an
example, the deduction shall be sixty (60) times the rate stated above.
3. The above-stated deductions shall be made after proper execution by each
employee of appropriate written assignments authorizing the deductions. It is agreed that
these written assignments shall be filed in the Fund Office of the Local 15 Trust Funds.
4. The Employer shall remit the above-stated deductions to the Union. The method
of remittance shall be by paying such sums over to the said Fund Office by means of
purchase of consolidated stamps.
5. The Union agrees to indemnify and hold harmless the Employer and the
Association from any and all claims, actions and/or proceedings arising out of said dues
check-off.
SECTION 16. TRUST FUND PROTECTION
1. The Employer shall make available to the auditors of the Funds specified in
Sections 11, 14 and 15 of this Agreement, within ten (10) days after written notice from
the Trustees, any and all records which, in the discretion of the Trustees of said Funds or
any one Fund, may be required to determine whether the Employer has made the
contributions it is obligated to make pursuant to this Agreement.
2. The Employer shall furnish the Trustees of the Funds specified in Sections 11, 14
and 15 of this Agreement with reports for each calendar month not later than the 15th day
of the month following, providing the names, job classifications, social security numbers,
wages earned and hours worked for all employees covered under this Agreement, together
with such other information as may be required by the Trustees for the proper and efficient
administration of each of the said Funds.
3. Failure to pay contributions or to provide reports or records in accordance with this
Section to any of the aforesaid Funds as required, shall constitute a breach of this
Agreement by the defaulting Employer, and the Union, without further notice, reserves the
31
right to forthwith withdraw its men from jobs of the Employer, or take such other action as it deems necessary, any terms of this Agreement to the contrary notwithstanding, and the defaulting Employer must pay to each employee at the straight time rate for the number of regular working hours of employment which the employees who are withdrawn from the Employer lose as a result of such withdrawal.
4. In the event a dispute arises in connection with the failure of an Employer to make
the required payments to any of the Funds specified in Sections 11, 14 and 15 or in
connection with any of the provisions of this Section 16, and such dispute has to be resolved
by arbitration in accordance with the provisions of Section 4, the expense of the arbitration
procedure shall be borne equally by the Employer and the Union except that, if collection
is made pursuant to an arbitration award, such decision shall contain a directive that the
Employer pay the actual cost of an audit, if any, used to establish the indebtedness, plus
the Arbitrator’s fee, plus attorneys’ fees in the amount of 20% of the indebtedness, plus
20% of the indebtedness for liquidated damages and, in addition thereto, interest at 15% of
the payment due to said Funds, which amounts shall be paid to the Trustees of said Funds.
5. The Trustees of any or all of the said Funds may refer the collection of the required
payments to an attorney and, in that event, the Employer agrees to pay, in addition to the
monies owing, all collection expenses including court costs, if any, together with interest
at 15%, attorneys’ fees of 20% which the parties agree is a reasonable collection charge,
and liquidated damages in amount of 20% of the monies owing.
6. Resort to a remedy under this Agreement or under the Agreements and Declarations
of Trust for the collection of contributions due the Funds or any one Fund, shall not be
deemed a waiver of the right to resort to any other remedy provided therein or by law.
Resort to one remedy at one time shall not be deemed a waiver of the right to resort to
others at a future or subsequent time.
SECTION 17. EQUAL EMPLOYMENT OPPORTUNITY
“Equal Employment Opportunity” means the treatment of all employees and applicants for employment without unlawful discrimination as to race, creed, color, national origin, sex, age, disability, marital status, sexual orientation or citizenship status in all employment decisions, including but not limited to recruitment, hiring, compensation training and apprenticeship, promotions, upgrading, demotion, downgrading, transfer, layoff and termination, and all other terms and conditions of employment.
SECTION 18. SAVINGS CLAUSE
Should any part of or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall
32
not invalidate the remaining portions thereof; provided, however, upon such invalidation, the parties signatory hereto agree to immediately meet to renegotiate such parts or provisions affected. The remaining parts or provisions shall remain in full force and effect.
SECTION 19. SICK LEAVE
Local 14-14B and Local 15, 15A, and 15D waive any right or entitlement for paid sick leave that may be provided by any City, State or Federal law or regulation.
The Unions acknowledge the provisions of the New York Sick Leave Act (Labor Law sec. 196-b) and further acknowledge that employees covered under this Agreement receive comparable benefits in lieu of the sick leave through the signatory Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of employees.
The Unions waive the provisions of the New York City Earned Safe and Sick Time Act pursuant to NYC Admin. Code Section 20-916(a) and acknowledge that employees covered under this Agreement receive comparable benefits in the form of the signatory Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of employees.
SECTION 20. TARGET COMMITTEE
There shall be formed a Target Committee consisting of representatives from the Association and the Unions which will meet regularly to address terms and conditions that will assist Association members when bidding for work against non-union contractors.
SECTION 21. CURRENTLY EMPLOYED ENGINEERS
The changes in work rules as delineated in this agreement shall not be used to displace any currently employed Engineer. The term currently employed Engineer includes all Engineers who were employed as of June 30, 2024.
SECTION 22. DURATION AND TERMINATION
This Agreement shall become effective as of July 1, 2024, and shall remain in full force and effect until midnight, June 30, 2028, and unless written notice of a desire for change therein or to terminate the same be given by either party to the other at least sixty (60) days and not more than ninety (90) days prior to such expiration date, it shall continue in effect for an additional year thereafter. In the same manner, this Agreement shall remain in effect from year to year thereafter, subject, however, to the right of each party to terminate it at the expiration of any such year by giving notice, in writing, to the other party at least sixty (60) days and not more than ninety (90) days prior to the expiration of such year.
SECTION 23. PAID FAMILY LEAVE
Paid family leave in accordance with New York State’s Paid Family Leave Law shall be provided as a benefit through the Welfare Fund of the International Union of Operating Engineers Local 14-14B and the Welfare Fund of the International Union of
Operating Engineers Local 15, 15A. It is the intent of the parties that the obligation of the Employer to otherwise provide this leave is satisfied through the benefit provided through the respective Welfare Funds.
SECTION 24. STORM LANGUAGE
STORM WARNING: In the event of a storm warning issued by the National
Weather Service, Allied Building Metal Industries will coordinate with the Business Managers of Locals 14-14B and Local 15-15A to discuss closing job sites down for the storm duration. In the event that the job sites are shut down due to a storm, the Operating Engineers will be paid only for the hours worked in the week that the storm occurs. The employer at its sole discretion may bring in Local 1414B or Local 15-15A Operating Engineers as needed to clean, protect or make the worksite safe.
EMERGENCY SHUTDOWN:
In the event that a public official, including the President of the United States, the Governor of the State of New York, the Mayor of the City of New York or any other elected officials of any other jurisdiction in which Local 14-14B or Local 15, 15A, 15D members may be employed by an Allied Building Metal Industries member or its subcontractors (“Employer”), declare a state of emergency, or a project shutdown by a public owner or other government agency, the Employer shall have sole discretion as to manning the job as the employer sees fit. Such emergency discretion does not permit the Employer to assign Local 14-14B or Local 15, 15A, 15D’s work, classification or equipment to anyone other than Local
14-14B or Local 15, 15A 15D members. If during a period of emergency, the Employer performs any work, or utilizes any classifications or equipment which falls under the Operating Engineers’ jurisdiction, then such work, classifications or equipment will be performed, manned and operated by members of Local 15 and 15D in accordance with the Allied Building Metal Industries Agreement.
SECTION 25. NYS WAGE THEFT
It is the intent of the Parties to waive the Labor Law Section 198-E, pursuant to Labor Law Section 198-E(10).
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