Contractors' Association of Greater New York, Inc.

BUILDING CONSTRUCTION

AGREEMENT

between

ARCHITECTURAL METAL, GLASS AND

STOREFRONT CONTRACTORS

ASSOCIATION, INC.

and

THE DISTRICT COUNCIL OF NEW

YORK CITY AND VICINITY OF

THE UNITED BROTHERHOOD OF

CARPENTERS AND JOINERS OF

AMERICA

JULY 1, 2017 – JUNE 30, 2024

INDEX

Page

Article

I. Objectives …………………………………………………………………………………………. 3

II. Association Authorization …………………………………………………………………….. 4

III. Jurisdiction ………………………………………………………………………………………… 4

IV. Union Recognition …………………………………………………………………………….. 14

V. Union Security ………………………………………………………………………………….. 15

VI. General Foreman – Foreman Hiring Schedule………………………………………. 16

VII. Job Referral System Non-Discrimination Clause …………………………………… 20

VIII. Lumping Prohibited …………………………………………………………………………… 21

IX. Geographical Jurisdiction …………………………………………………………………… 22

X. Joint Venture ……………………………………………………………………………………. 22

XI. Hours – Holidays – Overtime ……………………………………………………………… 23

XII. Wages & Benefit Contribution Rates ……………………………………………………. 27

XIII. Grievance Procedure ………………………………………………………………………… 33

XIV. No Strike No Lockout ………………………………………………………………………… 35

XV. Validity ……………………………………………………………………………………………. 35

XVI. Fringe Benefit Funds …………………………………………………………………………. 36

XVII. Surety Bond …………………………………………………………………………………….. 43

XVIII. Miscellaneous Conditions…………………………………………………………………… 46

XIX. Industry Advancement Program ………………………………………………………….. 54

XX. Expiration Clause ……………………………………………………………………………… 55

XXI. Retroactivity …………………………………………………………………………………….. 55

XXII. Effectuating Clause and Signatories ……………………………………………………. 56

THIS AGREEMENT made and entered into this 1st day of July 2017 and effective

as of 1st day of July, 2017, between:

ARCHITECTURAL METAL, GLASS AND STOREFRONT CONTRACTORS

ASSOCIATION, INC.

ON BEHALF OF ITSELF AND ITS EMPLOYER-MEMBERS

(HEREIN REFERRED TO AS THE “ASSOCIATION” and/or

“TRADE ASSOCIATION” and/or THE “EMPLOYER”

and the

DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED

BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

(HEREIN REFERRED TO AS THE “UNION” and/or THE “DISTRICT COUNCIL”)

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter

set forth, the parties agree as follows:

ARTICLE I

Objectives

To establish and maintain wages, hours and working conditions for the work covered by

this Agreement in the territory to which it applies to prevent strikes and lockouts; to insure

the peaceable adjustment and settlement of any and all grievances, disputes or

differences that may arise between the parties as such or between them as Employer

and employee, and to provide for labor peace and the adjustment of jurisdictional

disputes.

ARTICLE II

Association Authorization

The parties acknowledge that the Trade Association has provided the Union with

a list of its members who have designated the Trade Association as its bargaining agent,

and who has agreed to be bound by the terms and conditions of this collective bargaining

agreement prior to the commencement of the negotiations which have resulted in this

agreement. The trade Association acknowledges its representative status of its Employer

members and any service on the Association shall constitute service on its Employermembers. All Employer-members have given their assent to be bound to this Agreement

during its entire term.

ARTICLE III

Jurisdiction

Section 1. As used in this agreement, the words CARPENTER FOREMEN,

CARPENTER GENERAL FOREMEN, JOURNEYMAN, CARPENTER, and

CARPENTER APPRENTICES, are understood to include all employees performing jobs

referred to in Section 2 and 3 below.

Section 2. Their work includes, but is not limited to, the following: metal ceiling

systems, wall systems, partition systems, automatic doors, revolving doors, herculite

doors, bullet resistant systems, glass and metal railings, store fronts, curtainwall,

sunrooms, structural glazed systems, soffits, mansards, glass flooring, glass stairs,

headers, sliding doors, pre-engineered systems, custom engineered systems, metal

mouldings, escalator cladding, motorized conveyor cladding, copping, shower

enclosures, floor closers, elevator jambs, elevator interior trim, spandrel panels, louvers,

grills, registers, column covers, convector covers, core drilling, glass, caulking, silicone,

flashing, skylites, sloped glazing, delivery, handling & distribution of material,

greenhouses, facia, canopy, ribbon windows, fire rated partitions, hollow metal doors, and

metal attachments or architectural metal and glass components to structural steel and or

concrete including clips, fastening, bracing, welding and blocking.

Section 3. The Employer is desirous of employing Carpenters, Carpenter

Apprentices, Hod Hoist Carpenters, Joiners, Millwrights, Pile Drivers, Dockbuilders,

Divers, Cabinet Makers, Bench Hands, Stair Builders, Millmen, Wood and Resilient Floor

Layers and Finishers, Carpet layers, Shinglers, Siders, Insulators, Acoustic and Dry Wall

Applicators, Casket and Coffin Makers, and all those engaged in the operation of woodworking or other machinery required in the fashioning, milling or manufacturing of

products used in the trade, or engaged as helpers to any of the above divisions or subdivisions, and the handling, erecting and installing material on any of the above divisions

or sub-divisions consistent with the Constitution and Laws of the United Brotherhood of

Carpenters and Joiners of America and the burning, welding, rigging, and the use of any

and all instruments or tools for layout work, incidental to the trade.

(a) DRYWALL. All work in connection with the installation, erection and/or

application of all materials and component parts of walls and partitions regardless of their

material composition, purpose or method or manner of their installation attachment or

connection, including but not limited to the following items: all floor and ceiling runners,

studs, stiffeners, cross bracing, fire-blocking resilient channels, furring channels, doors

and windows including frames, casing, molding, base, accessory trim items, gypsum

drywall materials, laminated gypsum systems backing board, finish board, fire-proofing of

beams and columns, fire-proofing of chase, sound and thermal insulation materials,

fixture attachments, including all layout work, preparation of all openings for lighting, air

vents or other purposes and all other necessary or related work in connection therewith.

All work in connection with the installation and erection of all gypsum wallboard to

receive a veneer coat of plaster or lath to receive traditional plaster if such materials are

to be secured to nailable or screwable metal studs.

(b) ACOUSTICAL CEILING SYSTEMS – Six (6)

General Types:

1. Direct hung suspension system.

2. Attached concealed system without backing board.

3. Furring bar attached system.

4. Furring bar suspension system.

5. Indirect hung suspension system.

6. Metal ceilings, in accord with International Agreement of April 1, 1978

between Sheet Metal Workers International Association and United

Brotherhood of Carpenters and Joiners of America.

7. All Axiom Armstrong Ceilings.

All work necessary for the installation of the above ceiling systems shall be

installed according to the decision rendered by the National Joint Board for the Settlement

of Jurisdictional Disputes Hearings Panel Decision of August 24, 1966.

Constructing and securing of all boxes, wood and/or Metal Floor and Wall Penetrations

in Reinforced Concrete Construction; Pre-fabricated Tile Panels, Fiberglass,

Compositions, and/or any other Wood substitute material; Wood and Metal Store Fronts,

Building Entrances, Elevator Entrances, etc.; fabricate and install all pre-cast and prestressed concrete members used in all types of Building Construction; Fabricate and

install Partitions (including landscape modular partitions), Dividers and Sliding Doors,

constructed of Wood, Metal, Plastic, Composition and/or any other substitute material;

Fabricate and install all Kalamein Work and Hollow Metal Work.

(d) The term “CARPENTER” and the term “JOINER” are synonymous, and in

either case shall mean one who pre-fabs or constructs forms for footings or foundations

of housing, buildings, structures of all descriptions, whether made of wood, metal, wire

mesh, plastic or any other type of material, the erecting of structural part of a house,

building, or structure made of wood or any substitute such as metal, plastics or

composition material, who puts together roofs, partitions, fabricates or erects forms for

decking or other structural parts of houses, buildings, or any structure, and dismantling of

all forms. The fabrication, erecting and dismantling of all falsework, where power is used

for the setting or dismantling of forms or any other material erected by Carpenters. All

handling and signaling shall be done by Carpenters. The fabrication and/or setting of all

templates including anchor bolts necessary for structural members or machinery and the

placing and/or leveling of these bolts is included.

(e) Installing, erecting, removing and placing of building material, platforms and

bucket hoisting equipment (generally known to the trade as Hod Hoists), and repairing of

equipment consisting of catheads, elevators, rails and all other parts made of wood, metal

or any other substitute material and any other work and jurisdiction now in the possession

of the Hod Hoist Carpenters, members of Local Union 1556, which is not in conflict with

any other Union affiliated with the AFL-CIO.

(f) All work pertaining to Test Boring and Core Drilling under the jurisdiction of

Local Union 1556.

(g) All framing in connection with the setting of metal, plastic, wood or other

materials, pre-fab and job site fabricated, columns, the setting of all forms, centers and

bulkheads, the fabrication and setting of screeds and stakes for concrete and mastic

floors where the screed is notched or fitted or made up of more than one member. The

making and setting of all forms used in concrete work.

(h) The installation of all moldings made of wood, metal, plastic or composition,

installing of runstrips for plumbers or other trades or cutting for pipes through floors, joists

or partitions composed entirely or in part of wood, metal, plastic, pre-molded plaster or

other material erected by Carpenters.

(i) The installation of all framework partitions and trim materials for toilets and

bathrooms made of wood, metal or plastics or composition materials, fastening on all

wooden, plastic, metal or composition cleats to iron work or on other material; the erecting

and installation of stran steel or similar material; cutting and hanging all lumber or other

materials between girders and joists for fireproofing or concrete centers; setting and

hanging of all sash, doors, inside and outside blinds, windows and other frames; erection

or application of all wood, wood pulp, plastic, plaster transite or composition materials or

any combination of any of the above with any other material including laminates of, or

faced with metal regardless of the manner attached.

(j) Cutting and applying of all furring; bridging, making and fastening of wood

brackets or replacement materials for metal ceilings and side walls; erecting of all wood

furring for cornices and putting on all grounds for plaster and cement finish. The building

and constructing of all derricks; the making of mortar boards, boxes and trestles, putting

in needle uprights, all shoring of buildings, raising and moving buildings.

(k) The building, erecting and dismantling of scaffolding and staging; all freestanding scaffolds shall be in accordance with the Decision of Record on Scaffolds

rendered on April 28, 1920.

(1) Fitting, installing and fastening of stops, beads and moldings in doors and

windows; framing of all false work, derricks and hoists, travelers and all other lumber or

material used in the building and construction industry; putting on all hardware; putting up

interior and exterior trim or finish of wood. The hanging, setting and installation of wood,

metal, plastic or any other wood substitute material; all types of doors, sash, jambs, bucks,

casings, moldings, chair rails, mantels, base or mop board; wainscoting, furniture, china

closets, kitchen cabinets, wardrobes, and installation of bowling alleys.

(m) The manufacturing and erecting of cooling towers and roof tanks. The

installation of wood, plastic, or metal awnings, door shelters, marquees and jalousies.

The laying and finishing of all floors including wood, cork, asphalt, linoleum, vinyl, rubber

or any other type of resilient floor or wall covering. The installation of rugs, carpets,

draperies and curtains. The application of acoustic tile whether glued or nailed; acoustical

suspended ceilings in its entirety.

(n) Building and erecting stairs, store, office, bank and other fixtures, shelving,

racks whether of wood or other material; making and fitting of screens, putting on weather

strips and caulking. The installation of laboratory equipment including cabinets and wood

benches, book cases and cabinets, either separately or used in conjunction with heating

and/or air- conditioning units, blackboards, bulletin boards, meter-boards, electrical

boards, and boards of all types.

(o) Manufacture of and erection of walk-in refrigeration boxes, smart rooms,

clean rooms, erection of all types of modular rooms, and all work in connection thereof.

(p) The installation of insulation material of all types, whether blown, nailed, or

attached in other ways to walls, ceilings, and floors of new and existing buildings, shall

be the work of the Carpenter.

(q) The handling of lumber, fixtures, trim or other materials erected by

Carpenters. The erection of porcelain enameled panels and all corrugated, flat or other

wood, plastic, metal, or composition roofing and metal siding. The assembling and setting

of all seats in theaters, halls, churches, schools, banks, stadiums, and open-air theaters,

and other buildings; installing of wood, metal and plastic corner beads; erecting mortar

and brick hoists and concrete distributors used in erecting buildings or fireproofing floors,

or for pouring concrete buildings, building and repairing coal pockets, breakers, washers,

tipples; setting of forms for sidewalk, sidewalk lights, curb and gutters, all welding and

burning incidental to carpentry.

(r) The operation of winches and jacks whether operated manually operated

mechanically by portable operating devices, used to handle material to be installed or

erected by members of the United Brotherhood of Carpenters and Joiners of America and

all tagging and signaling incidental to the trade.

Ribs required for centers may be cut in the shop, but all other parts for centers

shall be cut on the job and all centers shall be assembled on the job. All concrete form

work shall be under the supervision of the Carpenter Foreman.

(s) Stripping of all concrete forms shall be done as follows:

Stripping of all columns, beam sides and beam bottoms, wall and footing forms of all types

and construction, in fact, the stripping of all concrete forms on building construction; shall

be performed with an equal number of Carpenters and Laborers under the supervision of

the Carpenter Foreman.

(t) All layout work necessary to the Trade, and the use of any Level, Transit,

Laser Beam, or any Optical Instrument required by the Carpenter for the completion of

job or project.

(u) All protection work under the carpenters’ jurisdiction on any building, heavy

construction, asbestos, lead or other hazardous abatement or alterations, including all

perimeter protection work including the installation and maintenance of horizontal and

vertical safety nets must be performed by Carpenters employed by the General

Contractor, Prime Contractor, Builder or Sub-Contractor so assigned by the General

Contractor, Prime Contractor or Builder.

(v) The setting of all curbing inside the property line. The installation of

hardware for draperies and blinds. The installation of windows, pursuant to the terms of

an International Agreement between the Brotherhood of Carpenters and the Iron Workers

International Union, dated June 1, 1987.

The Contractor agrees to recognize the jurisdictional claims of the United

Brotherhood of Carpenters and Joiners of America that have been established in its

Constitution and Laws, by agreements with other crafts, awards contained in the New

York Plan Green Book, or as a result of decisions by the National Joint Board for the

Settlement of Jurisdictional Disputes, or its successor, or which are recognized as being

the jurisdiction of the United Brotherhood and further agrees to assign all work to

Carpenters, subject to existing practices and agreements and future jurisdictional

decisions.

Section 4. The handling, unpacking, distributing and hoisting of materials to be

installed and/or erected by employees covered by the agreement shall be done by

apprentices.

Work not covered by this agreement:

(a) Carrying and hoisting of lumber for concrete work.

(b) Hanging joists with steel wires from steel beams which set as carrying

members on concrete form work.

Section 5. Every Prime Contractor, Owner-Builder or Subcontractor, bound by

this Agreement, recognizes the jurisdictional claims of the United Brotherhood of

Carpenters and Joiners of America. Both sides are bound by the decisions of the New

York Plan for the Settlement of Jurisdictional Disputes and of the National Joint Board for

the Settlement of Jurisdictional Disputes and any successor body authorized by the

United Brotherhood of Carpenters and Joiners of America and the Employer Association

to resolve jurisdictional disputes issued prior to the effective date of the agreement subject

to any appeals now pending. The Employer agrees to assign work in accord with the

aforesaid jurisdictional claim, subject to their consistency with decisions of the New York

Plan, The National Joint Board for Settlement of Jurisdictional Disputes or its successor.

Section 6. No Contractor, General Contractor, or Owner-Builder who is bound

by this Agreement will sublet to another Contractor, on a lump-sum basis, the safety

protection of openings and stairways. This does not include the planking or other

protection of openings in concrete arches, during the form work stage, until the time of

stripping; nor does it include a restriction on the subletting of sidewalk bridge construction

or maintenance. Nothing in this Agreement will forbid the Contractor having an

agreement with the District Council from hiring on his payroll on a temporary basis,

Carpenters who may be performing work for other Contractors on the same jobsite, or to

perform protection work on time-and-material basis.

Section 7. When the Employer desires to engage in Millwright work within the

jurisdiction of Millwright and Machinery Erectors Local Union 740, then it shall be

governed by the appropriate agreement, signed between the District Council and the

Association of the Employer engaged in such work.

Section 8. When the Employer desires to engage in work within the jurisdiction

of Dockbuilders, Pier Carpenters, Shorers, House Movers, Pile Drivers, Divers, Tenders

and Foundation and Marine Constructors, Local Union No. 1556 of Greater New York,

New Jersey and Vicinity, then it shall be governed by the appropriate agreement, signed

between the District Council and the Association of Employers engaged in such work.

Section 9. When the Employer desires to engage in work within the jurisdiction

of Timberman, Hod Hoist Carpenters, Core Drillers Local Union 1556, then it shall be

governed by the appropriate agreement, signed between the District Council and the

Association of Employer engaged in such work.

Section 10. When the Employer desires to engage in resilient floor covering

work, within the jurisdiction of Local Union 2287, then it shall be governed by the

appropriate agreement, signed between the District Council and the Association of

Employers engaged in such work.

ARTICLE IV

Union Recognition

Section 1. The “Principles” listed in this Article are intended for the general

betterment of the Construction Industry and especially as affecting the parties of this

Agreement. If, in their enforcement, any confusion or misunderstanding arises as to their

meaning or interpretation, such differences shall be settled as provided for in Article XIII

of this Agreement.

Section 2. The Employer recognizes the Union as the exclusive Bargaining

representative for all the employees referred to in Article III above.

Section 3. No person representing the Union, except its Business Manager,

Business Representatives, Assistant Business Representatives, Executive Officers,

Assistants to the President, and on-site Job Steward, shall have the right to interview the

workmen during business hours. These Union Representatives shall comply with all

general conditions of the job regarding passes, entrance to be used, etc.

ARTICLE V

Union Security

Section 1. All employees who are members of the Union at the time of signing

of this Agreement shall continue membership in the Union. All other employees must

become members of the Union seven (7) days following the beginning of employment or

the date of this Agreement, whichever is later, and must maintain their membership in

good standing in the Union as a condition of continued employment. If the provisions for

Union Security clauses are modified by Congress during the terms of this Agreement, this

clause will automatically become modified to conform to such changes.

Section 2. The Union or its representatives shall not discriminate against a

foreman or workers. Maintenance of Union membership shall be evidenced by the

current working card which shall indicate the current dues have been paid to the Union.

Section 3. All employees covered by this Agreement shall have the privilege of

working for whomever they see fit, in accordance with the terms of this Agreement, and

the Employer is to be at liberty to employ or discharge whomsoever it sees fit, in

accordance with the terms of the agreement.

Employees covered by this Agreement shall not refuse to work with persons who,

after seven (7) days’ employment, have complied with the Union Security provisions of

this Agreement. However, employees covered by this agreement are not required to work

with persons who do not comply with the Union Security provisions of this agreement.

The parties agree that additional mechanics secured by the Employer shall be eligible for

and shall comply with requirements of Union membership set forth herein.

Section 4. Dues and Other Check-Off. The Employer shall deduct from the

weekly wages of each individual covered under this Agreement Union dues and such

other amounts as set by the Union in accordance with its Bylaws or other applicable

documents. All monies deducted shall be promptly remitted to the Executive SecretaryTreasurer of the Union or his or her designee, together with a list of names of employees

for whom said monies are to be credited utilizing the electronic remittance system

designated by the Union. The written authorizations shall be pursuant to Section 302(c)

of the Labor Management Relations Act of 1947. The Union shall hold the Employer

harmless and indemnify the Employer for any liability arriving out of compliance with this

paragraph, including contract limitation attorneys’ fees and costs.

ARTICLE VI

General Foreman – Foreman

Hiring Schedule

Section 1. The General Foreman and Foreman shall be the agents of the

Employer. The right to hire and discharge employees rests with the General Foreman

and/or Foreman who are the authorized representatives of the Employer. If the Union

prefers charges against the General Foreman or Foreman as such, they shall file a copy

of such charges in accordance with Article XIII.

Section 2. Employers performing specialized architectural metal and glass

fabrication and installation such as metal fabrication of storefronts, building entrances,

curtain wall systems, and related specialized hardware, fabrication of glaziel systems;

and installation of same, may use the roving Shop Steward provisions described below.

Jobs with three (3) or fewer Carpenters (or four (4) or fewer Carpenters if the

fourth Carpenter is an apprentice) shall have a roving Shop Steward certified by the

NYC District Council of Carpenters (“Certified Shop Steward”) initially dispatched from

the OWL and employed by the Employer on a full-time permanent basis. Once a roving

Shop Steward is appointed to an Employer, the roving Shop Steward must be employed

by the company full time. If the OWL cannot supply a qualified Certified Shop Steward

or Acting Shop Steward to serve as the roving Shop Steward, the Union may appoint a

roving Shop Steward from the crew provided he or she is a Certified Shop Steward. If

there is no Certified Shop Steward on the crew, the Union will appoint as the roving Shop

Steward the Carpenter on the crew who possesses the qualification and skills, is able to

complete the LMRDA Section 504 affidavit/declaration, complete the LCN

affidavit/declaration, and successfully begins and continues taking classes required to

become a Certified Shop Steward.

The first job with four (4) or more Carpenters will have a roving Shop Steward.

Thereafter, all jobs with four (4) or more Carpenters will require the Employer to call the

OWL to dispatch a Certified Shop Steward to the job. The Shop Steward will remain fulltime for the duration of the job. If no Certified Shop Steward or Acting Shop Steward is

available from the OWL, the Union will appoint a timekeeper until such time as a Certified

or Acting Shop Steward is available.

After a Shop Steward is assigned to the job, the balance of the Carpenters shall

be 50% from the Union and 50% from the Employer, alternating. The Union will

cooperate, in order to meet all legal requirements, and furnish qualified Carpenters when

requested.

When an Employer wishes to lay off a regular or roving Shop Steward during

continuous employment, the Employer must notify the Union and have a meeting with the

Union. If termination takes place, a letter must be sent to the Union.

A roving Shop Steward shall not be used on any job governed by an agreement

that provides for a regular Shop Steward, such as any Project Labor Agreement or an

International Agreement.

The roving Shop Steward shall be employed by the contractor at all times provided

the contractor has crews working. The roving Shop Steward shall be entitled to work all

overtime, where possible. For example, if an extra Journeyperson is required for overtime

or on weekends, the Shop Steward shall be assigned. However, when an entire crew, of

which the roving Shop Steward is not a part, is to work overtime, it is not required that a

member of that crew be bumped or replaced, in order to make room for the roving Shop

Steward.

In the event a crew works on a weekend, the roving Shop Steward has the right of

first refusal.

If an Employer is found in violation of this Section by not requesting a Shop

Steward for jobs consisting of four (4) or more Carpenters or by not requesting a roving

Shop Steward for jobs of three (3) or fewer Carpenters (four (4) or fewer if the fourth is

an Apprentice), it shall pay the next available Shop Steward from the OWL from the time

when the job started for all days worked and a penalty will be determined for any violation

of this Agreement through the grievance process.

The Shop Steward must have the necessary skills and be able to perform work

assigned to him/her.

The Shop Steward shall be given sufficient time to perform the duties assigned to

him/her by the District Council.

On a daily basis all Stewards will track all hours of Carpenters working for the

Employer and will submit the hours electronically in the Union Fusion system (or other

electronic reporting system designated by the Union).

Section 3. When four (4) or more Carpenters are employed, one (1) shall be the

Foreman. The Employer at its sole discretion, may designate a second foreman who shall

be from the local Union in which jurisdiction the job is located. When five (5) or more

Carpenter Foremen are employed, there will be one (1) General Foreman designated by

the Employer.

Section 4. Where five (5) or fewer Carpenters are employed, no more than one

of them may be an apprentice. However, where more than five (5) Carpenters are

employed, at least one shall be an apprentice and for every six (6) additional Carpenters

employed, at least one additional apprentice shall be employed.

Section 5. Regardless of the size of the job, each Employer shall provide the

District Council and its affiliated employee benefit funds with the name and location of

each specific job before the job starts. The District Council shall assign a unique number

to each specific job. Before a job of any size starts, the Employer shall notify the Union

of the job.

ARTICLE VII

Job Referral System

Non-Discrimination Clause

Section 1. The parties agree that there shall be no discrimination in the

employment, hiring or training of employees in the bargaining unit on the basis of race,

creed, color, sex, national origin, age, disability, marital status, citizenship status, veteran

or military status, sexual orientation or affectional preference or Union activity as defined

in applicable federal, state or local laws, in all employment decisions,. For the purposes

of this Article, “citizenship status” means the citizenship of any person, or the immigration

status of any person lawfully residing in the United States who is not a citizen or national

of the United States.

Section 2. Nothing in this Section shall restrict an Employer’s right to discharge

any Carpenter for good cause reasons. If the person so discharged was obtained from

the District Council, the replacement shall be obtained from the same source in order to

maintain the fifty-fifty ratio of employment.

Section 3. When an Employer, in compliance to this Section, requests the

Union to send members to a job, the Union shall cooperate by sending only such

Carpenters as are experienced in the specific type of carpentry work being done on the

said job by that Employer.

Section 4. Applicants for referral through the Union must register with the Union.

Applicants who have successfully completed the full Apprentice Program shall be

presumed to have the necessary skill and experience. Whether other applicants are

possessed of the necessary skill shall be determined by the Employer, subject to appeal,

pursuant to Article XIII of this agreement.

Section 5. In selecting applicants from the referral list, the Union shall use the

following criteria:

(a) Requests from Employers for specific workmen previously employed by

the Employer within the previous six months;

(b) Experience in performing the particular type of work to be done.

Section 6. The Employer shall retain the right to reject any job applicant referred

by the Union. If the Employer rejects the applicant, the Employer shall notify the Union in

writing the reasons for rejection. The Union shall then refer other applicants to the

Employer until the required number of applicants are obtained.

ARTICLE VIII

Lumping Prohibited

Section 1. The parties hereto agree to the elimination of lumping (the

subcontracting of labor without material). The Subcontractor must furnish both labor and

material complete under one contract; including wood flooring, but not the contracting for

the installation of antique flooring or the surfacing of old floors.

Section 2. The Employer, General Contractors, Prime Contractors, builders, or

Subcontractors agree that they will not subcontract any work covered under this

Agreement to anyone to circumvent the payment of wages, fringe benefits, and working

conditions provided herein.

ARTICLE IX

Geographical Jurisdiction

This Agreement shall cover work performed by Carpenter employees within the

territorial jurisdiction of the District Council of New York City and Vicinity, as follows:

All of the five (5) Boroughs of the City of New York, all of the Islands in and all the

waters of the adjacent Harbors, Rivers and Bays, and that portion of Long Island bounded

by a line beginning at the intersection of the City Line and the North Shore of Long Island,

then running southerly to the Southern State Parkway, then East to Seaford Creek in

Nassau County, then South to the Atlantic Ocean, then West to the Southern tip of the

Borough of Richmond, then North on Arthur Kill to Kill Van Kull, then East to Upper New

York Bay, then North to the North River and Hudson River, then East to New York City

Line then continue East on the New York City Line to Long Island Sound, then South to

the intersection of the City Line and the North Shore of Long Island, all within the State of

New York.

ARTICLE X

Joint Venture

Section 1. The Employers stipulate that any of its subsidiaries or joint ventures

to which they may be party when such subsidiaries or joint ventures engage in building

construction work, shall be bound by the terms of this Agreement.

Section 2. When Employers enters into a joint venture with an Employer who is

not bound by this Agreement, then said joint ventures must either be bound through their

respective Trade Associations, or it must sign an agreement with the District Council of

New York City before it can employ any of its members.

Section 3. This Agreement shall be binding on the Employer, its successors

and/or assigns, as well as any firm, be it corporation, partnership or joint venture which

the Employer, in which its successors or assigns has or acquires a financial interest.

ARTICLE XI

Hours – Holidays – Overtime

Section 1. The intent is to maintain the seven (7) hour work day, thirty-five (35)

hour work week. During the term of this Agreement the work day may be increased to

eight (8) hours work at straight time pay hours and a forty (40) hour work week at straight

time pay to attempt to provide additional work hours for the employee members and the

signatory Contractor to manage its project and provide increased work opportunities.

Overtime hours Monday through Friday shall be paid at time and one-half. Saturday pay

shall be at the time and one–half. The Contractor is expected to establish and maintain a

consistent work week schedule allowing for unusual jobsite conditions.

Section 2. Flexible Starting Time: The normal work day shall start at eight (8)

a.m. and may be changed by the Employer due to work site conditions to start between

seven (7) a.m. and nine (9) a.m. for all or a portion of the employees. Notification to the

Union will be given by the Contractor when changed from the normal eight (8) a.m.

starting time.

Section 3. Shift Work: The Employer may work two shifts with the first shift

starting at the established time to the end of the shift at straight time rate of pay. The

second shift will receive one hour at double time rate of pay for the last hour of the shift

(eight for seven, nine for eight). In addition, members of the second shift shall be allowed

one-half (1/2) hour to eat, with this time being included in the hours of work established.

There must be a first shift to work the second shift. All additional hours worked shall be

paid at the time and one-half rate. The Employer shall notify the Union in advance of

beginning the shift schedule. On shift work, the Job Steward shall work no more than the

shift hours. There shall be a Job Steward on each shift who shall be appointed by the

Union. There shall be a pre-job conference with the Union before the commencement of

any shift work.

Section 4. Off-hour Work on Alteration and Repair Work: When performing

alteration or repair work in an occupied building, and when it is not possible to perform

said work during regular working hours, said work shall proceed during off hours, as

scheduled by the Employer, but starting no later than 8:30 p.m. The work day and the

rate of pay shall be the same as the second shift provisions. In addition, members of the

off-hour crew shall be allowed one-half hour (1/2) to eat, with this time being included in

the established work day. All additional hours worked in excess of the shift hours shall

be paid at the time and one-half rate. The Employer shall notify the Union in advance of

beginning said off- hour work, which shall be performed subject to the provisions of this

Section and subject to notification to the Union. There shall be a pre-job conference with

the Union before the commencement of off-hours work.

Section 5. The Contractor may start a portion of the crew one hour prior to the

established start time at straight time wages due to unusual job site conditions. The

Contractor will determine the number of employees necessary. The working steward will

be part of the early crew. It is understood this is not intended to establish a continuous

staggered work day.

Section 6. Saturday Make-up: When condition beyond the control of the

Employer, such as severe weather, wide spread power failure, fire, natural disaster, etc.,

prevent the operation of the job on one or more normal working days, the Employer may,

with notification to the Union, schedule the Saturday of that calendar week during which

work was prevented, as a make-up day at straight time. All hours worked in excess of

the normal work day shall be paid for at the rate of time and one-half. When a holiday

falls on a Saturday, then the make-up day rate shall be time and one-half. In order to

utilize a Saturday as a make-up day, the Employer must declare a regular work day

“terminated”, for one of the reasons listed above, no later than 10:00 a.m. of the day

terminated, and must notify the Union of its desire to work a make-up day by noon of the

day preceding the make-up day. Employees employed by the Employer on the day so

“terminated”, shall have the right of first refusal to work on the make-up Saturday, but said

employees shall also have the right to decline work on a make-up Saturday, without any

penalty. If men are needed to work a make-up Saturday, other than those already working

on the job, the Employer shall call the Union for men before employing men secured from

any other source. A make-up Saturday shall be no less than the seven or eight hours as

established by the shift, with one-half hour off to eat, charged to the hours worked.

Section 7. It is further agreed that no work shall be performed on Sundays or

Legal Holidays, except in the case of emergency or necessity, and that no work shall be

performed then unless permission is granted by the District Council on the previous

workday, stating location of building where work is to be performed and the number of

men required. DOUBLE TIME SHALL BE PAID FOR ALL WORK ON SUNDAYS, AND

LEGAL HOLIDAYS, except as otherwise noted.

Emergency work, INVOLVING DANGER TO LIFE AND PROPERTY, may be

performed without permission from the District Council.

Section 8. The Legal Holidays referred to herein are: New Year’s Day,

Washington’s Birthday, Decoration Day, Independence Day, Labor Day, Columbus Day,

Election Day (only in Presidential Year), Thanksgiving Day, day after Thanksgiving and

Christmas Day. These are to be non-paid Holidays except for the General Foreman,

Foreman and First and Second Year Apprentices who shall be paid on a weekly basis

INCLUDING HOLIDAYS.

Section 9. In all cases, the Holidays referred to in the previous Section shall be

observed on the day and date established for the State of New York. When permission is

granted to work on such Legal Holidays, double time shall be paid.

Section 10. Employees employed on the last legal working day before Christmas

Day and before New Year’s Day and who report to work on such days, shall receive three

(3) hours‘ afternoon pay without working. Work performed on the afternoons of said days

shall be paid at the double–time rate only. Fringe Benefit Contributions will be payable on

the half-holidays referred to above.

Section 11. When a Legal Holiday, defined in Section 8, falls on a Sunday and

the following day is declared a Legal Holiday, then double-time shall be paid for all hours

worked, if and when the Union grants permission.

Section 12. No work shall be performed on Labor Day.

ARTICLE XII

Wages

Section 1. The Employer agrees that it will hire all employees covered by this

Agreement for wages and hours not less than those specified herein.

Section 2. Wages shall be paid weekly on the job before 3:30 p.m. or 4:00 p.m.

on Friday, said wages to be paid by check in an envelope and accompanied by a pay

stub/pay statement upon which shall be plainly marked the employee’s name, the hours

worked, the wage rates paid for those hours worked (including straight time, overtime,

and differentials), an itemization of all deductions made, and the gross and net amounts

paid. The check must be a Todd Insured A.B.C. System Payroll check, or similar type of

check and delivery of the checks to the person shall be made at least on the day

preceding a banking day.

If carpenters are not paid as specified above, double-time shall be paid for Friday

between the hours of 3:30 p.m. or 4:00 p.m. and 5:30 p.m. or 6:00 p.m., and single-time

for working time thereafter, until paid, not exceeding fourteen (14) hours; provided,

however, that the men report to and remain on the job during the said fourteen (14) hours.

Section 3. Employees covered by this Agreement shall be given one (1)

hours’ notice before being discharged or laid off, and in either event they shall be paid in

full in cash or by insured check, under the conditions set forth in Section 2 of this Article.

Employees covered shall not be penalized for the one-hour discharge notice. This does

not apply to any temporary suspension of work during any pay week for reasons beyond

the control of the Employer.

All employees, at the termination of their employment, shall receive the New York

State Record of Employment Form 1-A within twenty-four (24) hours of their dismissal.

Section 4. When the Employer is working under conditions in Article XI,

Section 1, then the payment of wages shall conform to this Article XII, Section 1, 2 and

Section 3, except that the hours indicated will change accordingly.

Section 5. This Agreement is based on the principle that the Employer is entitled

to a day’s work for a day’s pay. Any unreasonable failure to work these hours gives the

Employer the right to pay only for the hours actually worked, subject to grievance as set

forth in Article XIII.

Section 6. Except at the start and finish of a job, General Foremen, Foremen,

and First and Second Year Apprentices shall be employed on a weekly basis which shall

include wages and fringe benefits FOR HOLIDAYS. The payment of overtime rates for

the General Foreman and Foreman shall be made at the minimum book rate for General

Foremen and Foremen when there are Carpenters doing work on the jobsite.

If the General Foreman and Foreman are receiving a rate higher than the minimum

book rate, it will be the Employer’s option as to whether the General Foreman and

Foreman shall receive the higher agreed rate for said overtime.

Section 7. When employees are referred to a job and report for work, and no

work is provided, they shall receive two (2) hours’ pay, except for inclement weather or

other conditions beyond the control of the Employer. All employees reporting for work

and ready to start at the designated start time, shall receive two (2) hours’ show-up time,

if the job does not start, except for inclement weather or other conditions beyond the

control of the Employer.

Section 8. Wages – Wage rates and fringe benefit contributions for the bargaining

unit shall be determined and/or reallocated by the Union at its sole discretion:

Increases in the total hourly combined wage and benefit package will be:

8/1/19 07/01/20 07/01/21 07/01/22 07/01/23

Journeyperson $1.00 $1.00 $1.00 $1.00 $0

Apprentice $0 $0.75 $0.75 $0.75 $0.75

TOTAL WAGES & FRINGE BENEFITS – JOURNEYMAN CARPENTER

8/1/19 07/01/20 07/01/21 07/01/22 07/01/23

Total package per hr. $100.16 $101.16 $102.16 $103.16 $103.16

All increases will be retroactive to July 1 of the year in which the increases are to take effect.

FOREMAN – $3.00 PER HR. ABOVE JOURNEYMAN SCALE

GENERAL FOREMAN – $6.00 PER HR. ABOVE JOURNEYMAN SCALE

EFFECTIVE DATES 8/1/19 07/01/20 07/01/21 07/01/22 07/01/23

WAGE RATE PER HR.

Journeyman $53.50 $54.00 $54.75 TBD TBD

Foreman $56.50 $57.00 $57.75 TBD TBD

General Foreman $59.50 $60.00 $60.75 TBD TBD

APPRENTICES

Apprentice wage increases may be deferred for reasons determined by the Joint Apprentice

Committee and or its Training Director by written notice to the Employer.

EFFECTIVE DATES 07/01/20 07/01/21 07/01/22 7/1/23

TOTAL PACKAGE PER HR.

1st yr. Apprentice $52.72 $53.47 $54.22 $54.97

2nd yr. Apprentice $57.97 $58.72 $59.47 $60.22

3rd yr. Apprentice $65.85 $66.60 $67.35 $68.10

4th yr. Apprentice $73.72 $74.47 $ 75.22 $75.97

All increases will be retroactive to July 1 of the year in which the increases are to take effect.

See prior rate sheets and MOAs for rates effective 8/1/19.

EFFECTIVE DATES 07/01/20 07/01/21 07/01/22 07/01/23

WAGE RATE PER HOUR

1st yr. Apprentice $21.00 $21.40 TBD TBD

2nd yr. Apprentice $26.25 $26.65 TBD TBD

3rd yr. Apprentice $34.13 $34.53 TBD TBD

4th yr. Apprentice $42.99 $42.40 TBD TBD

FRINGE BENEFIT RATE PER HOUR (The individual Funds are defined in Article XVI.)

JOURNEYMAN-FOREMAN-GENERAL FOREMAN

EFFECTIVE DATES 8/1/19 07/01/20 07/01/21 07/01/22 07/01/23

WELFARE $14.64 $14.64 $14.70 TBD TBD

PENSION $12.85 $12.85 $12.90 TBD TBD

ANNUITY $ 9.36 $ 9.61 $ 9.67 TBD TBD

A.J.R.E.I.F. $ 0.70 $ 0.70 $ 0.70 TBD TBD

VACATION $ 7.68 $ 7.93 $ 8.00 TBD TBD

SUPPLEMENTAL FUNDS $ 0.05 $ 0.05 $ 0.05 TBD TBD

CITF $ 0.10 $ 0.10 $ 0.11 TBD TBD

CCA METRO $ 0.28 $ 0.28 $ 0.28 TBD TBD

SUPPLEMENTAL PENSION $ 1.00 $ 1.00 $ 1.00 TBD TBD

TOTAL PER HOUR $46.66 $47.16 $47.41 TBD TBD

FRINGE BENEFIT RATE PER HOUR

APPRENTICES

Effective 08/01/19:See applicable rate sheet and MOA.

Effective 07/01/20:

1st Yr. App. 2nd Yr. App. 3rd Yr. App. 4th Yr. App.

WELFARE $14.64 $14.64 $14.64 $14.64

PENSION $ 6.43 $ 6.43 $ 6.43 $ 6.43

ANNUITY $ 4.68 $ 4.68 $ 4.68 $ 4.68

A.J.R.E.I.F. $ 0.69 $ 0.69 $ 0.69 $ 0.69

VACATION $ 3.84 $ 3.84 $ 3.84 $ 3.84

SUPPLEMENTAL FUNDS $ 0.05 $ 0.05 $ 0.05 $ 0.05

CITF $ 0.11 $ 0.11 $ 0.11 $ 0.11

CCA METRO $ 0.28 $ 0.28 $ 0.28 $ 0.28

SUPPLEMENTAL PENSION $1.00 $ 1.00 $ 1.00 $ 1.00

TOTAL PER HOUR $ 31.72 $31.72 $31.72 $31.72

Effective 07/01/21:

1st Yr. App. 2nd Yr. App. 3rd Yr. App. 4th Yr. App.

WELFARE $14.70 $14.70 $14.70 $14.70

PENSION $ 6.48 $ 6.48 $ 6.48 $ 6.48

ANNUITY $ 4.75 $ 4.75 $ 4.75 $ 4.75

A.J.R.E.I.F. $ 0.70 $ 0.70 $ 0.70 $ 0.70

VACATION $ 4.00 $ 4.00 $ 4.00 $ 4.00

SUPPLEMENTAL FUNDS $ 0.05 $ 0.05 $ 0.05 $ 0.05

CITF $ 0.11 $ 0.11 $ 0.11 $ 0.11

CCA METRO $ 0.28 $ 0.28 $ 0.28 $ 0.28

SUPPLEMENTAL PENSION $ 1.00 $ 1.00 $ 1.00 $ 1.00

TOTAL PER HOUR $ 32.07 $32.07 $32.07 $32.07

Effective 07/01/22 and 07/01/23: TBD

Section 9. When an employee is required to work through the lunch period, he

shall be compensated at the rate of time and one- half, and be given time to eat his lunch.

Section 10. There shall be no lost time in wages to any employee on the day of

injury when immediate medical attention is required to said employee, while working on

the Employer’s job, provided the employee submits a note from the doctor or clinic, stating

that the employee cannot work that day.

ARTICLE XIII

Grievance Procedure

Section 1. All complaints, disputes and differences concerning the application,

interpretation, effect, purpose or breach of any term or condition of this Agreement, or in

the event there shall exist any claim, demand, dispute or controversy between the parties

hereto, excluding the merits of jurisdictional dispute, i.e., a dispute with another trade over

the assignment of work, the parties hereto shall first attempt to settle and adjust such

dispute, claim, demand or controversy by negotiation.

Section 2. Any grievance not resolved shall be submitted to arbitration before

Roger Maher, J.J. Pierson, or Steve Kasarda, who shall serve as permanent arbitrator(s)

hereunder. The arbitrator shall have the right to conduct an ex- parte hearing in the event

of the failure of either party to be present at the time and place designated for the

arbitration, and shall have the power to render a decision based on the testimony before

him at such hearing. The decision of the arbitrator shall be final and binding upon both

parties and may be entered as a final decree or judgement in State or Federal Court in

the County, City, and State of New York. The costs of the arbitration, including the

arbitrator’s fee shall be borne equally by the Employer and the Union.

Section 3. It is the intent of the parties hereto that all disputes between them,

both within and outside of the Agreement, shall be submitted to arbitration and that no

defense to prevent the holding of the arbitration shall be permitted. Service of any

documents or notice referred to above, or service of any notice required by law in

connection with arbitration proceedings may be made by electronic mail or registered or

certified mail. A post office receipt shall be conclusive evidence of proper service if mailed

to the address designated by the Employer when it signed the agreement or to the last

address known to the Union, whichever is more recent. If certified or registered mail is

refused or not picked up, ordinary mail shall be deemed sufficient service provided that it

is forwarded to the address of record or to the last address known to the Union.

Section 4. Upon the confirmation of the arbitrator’s award, or on any appeal

therefrom, the prevailing party shall be entitled to receive all court costs in each

proceeding as well as reasonable counsel fees.

ARTICLE XIV

No Strike – No Lockout

The Union or its representatives shall not order a strike or stoppage of work, nor

shall the employees strike against any Employer, or collectively leave the work of an

Employer, for any reason including jurisdictional dispute, nor shall any Employer lock out

employees prior to filing a complaint, or pending the adjustment of any existing disputes,

as provided for in Article XIII.

The Union may call or sanction a strike for:

(1) The Employer’s refusal to submit a matter to arbitration, pursuant to the

arbitration clause of this Agreement;

(2) The Employer’s failure to comply with any decision of any Board of

Arbitration established hereunder within five (5) working days after such

decision;

(3) Any other reason explicitly provided for in this agreement.

ARTICLE XV

Validity

If any clause or part of this Agreement is found unconstitutional or illegal by court

of competent jurisdiction or should any clause or part of this Agreement be found

contrary to present or future laws, it shall not invalidate the other portions of this

Agreement, it being the sole intent and purpose of this Agreement to promote peace

and harmony in the industry as permitted by law.

ARTICLE XVI

Fringe Benefit Funds

Section 1. Every Employer shall make contributions for each hour worked of all

employees covered by this Agreement and employed by said Employer within the territory

of this Agreement in the amounts hereinafter specified to the New York City District

Council of Carpenters Welfare Fund, the New York City District Council of Carpenters

Pension Fund, the New York City District Council of Carpenters Welfare Fund: Vacation

Benefit, the New York City District Council of Carpenters Annuity Fund, the Carpenters

International Training Fund (“CITF”), CCA Metro – Carpenters Contractor Alliance of

Metropolitan New York (“CCA Metro”), the Apprenticeship Journeymen Retraining

Educational and Industry Fund (“A.J.R.E.I.F.”), and the Supplemental Funds of the District

Council (i.e., the New York City Carpenters Relief and Charity Fund and the New York

City District Council of Carpenters Welfare Fund Scholarship Program), referred to herein

collectively as the, “Funds”. Except as provided in Article XII, full benefits shall be paid

for Foreman, General Foreman, First and Second year apprentice.

Section 2. Each Employer’s books and payroll records, shall be made available

upon demand of the Trustees at all reasonable business hours.

Section 3. When auditors are sent to audit the books of any Employer, General

Contractor, Prime Contractor, Builder or Subcontractor and a definite appointment is

scheduled, when the auditor(s) cannot start at the appointed time and date and must

return, or when valid payroll records are not furnished, then the said Employer, General

Contractor, Prime Contractor, Builder or Subcontractor shall be penalized and pay the

sum of one hundred ($100.00) dollars per auditor, to cover the expense of the auditor(s).

Same to be included in Trust Agreements of all District Council Funds.

Section 4. It shall be a violation of this Agreement for any signatory Employer

to fail to furnish proper records when requested, for the purpose of completing an audit.

The Union shall have the right to remove all its members from the offending Contractor

upon twenty-four (24) hours’ notice. If such employees who are removed remain on the

jobsite during regular working hours, they shall be paid for lost time not to exceed three

(3) working days’ pay.

Section 5. Contributions to the Funds shall be in accord with this Agreement. The

contribution to the Supplemental Funds shall be allocated in the following manner:

Carpenters Relief and Charity Fund

TWO AND ONE-HALF ($0.025) CENT PER HOUR

District Council Scholarship Fund

ONE AND ONE-HALF ($0.025) CENT PER HOUR

The purpose of the Carpenters Relief and Charity Funds is to enable the parties to make

charitable donations in the name of the carpentry industry from time to time. Said

donations shall be made to duly recognized tax-exempt institutions within the meaning of

the Internal Revenue Code and to provide emergency assistance to bona fide victims of

disaster, catastrophe and community projects for the good of the general public. The

Fund shall be administered by a minimum of two persons, one designated by the Union

and the other by the Employer Associations. Both shall serve without pay and shall be

bonded to the extent required by law. All monies received by the Fund shall be deposited

in a bank selected by the two administrators and shall be disbursed only by check signed

by both administrators. At least once a year the entire balance of the Fund on hand shall

be disbursed to organizations and persons who meet the qualifications set forth above.

The administrators shall keep such books or records as may be necessary. Once a year

the administrators shall account for all monies received and disbursed.

The Supplemental Funds shall be established in accordance with applicable law,

and any employee’s authorization that is required shall be secured by the Union.

Section 6. It is agreed that all contributions required under this Agreement are

due and payable to the District Council Fund Office. All contributions will be reported and

remitted through the I-Remit system or any other system designated by the Fund Office)

and the Employer does hereby authorize said Fund Office to forward said contributions

to CCA Metro and CITF in such manner as the Trustees of said funds shall reasonably

require.

(a) By the execution of this Agreement the parties authorize the representatives

of the participating Employers and Carpenter Unions to designate their respective Union

and Employer Trustees hereby waiving all notice thereof and ratifying all actions taken by

them within the scope of their authority.

Section 7. The parties to this Agreement recognize the CCA Metro. CCA Metro

will be funded by contributions per hour paid through the Trust Funds Benefit Plan. Said

donations shall be made in accordance with all applicable Federal and State Laws

pertaining thereto.

Section 8. If any of the above allocations are determined to be, in the opinion

of Counsel legally improper, then in that event said allocation may be re-allocated by the

Union to a presently existing Fringe Benefit Fund, or to another fund to be established by

the Union and the Employer.

Section 9. The Employer and the Union acknowledge that they are represented

by their duly designated Trustees to administer the various Fringe Benefit Trust Funds

provided for in this Agreement. Because of the various liabilities and responsibilities

placed upon all parties to this Agreement, including all contractors and Union

representatives and their respectively designated Trustees, each Contractor hereby

agrees that the Fringe Benefit Fund Trustees shall have the necessary powers to fulfill

their fiduciary obligations in order to fully protect each Employer signed to this

Agreement and their employee-beneficiaries under the respective fund plans.

Section 10. Each Employer shall be bound by all of the terms and conditions of

the Agreements and Declarations of Trust governing each of the Funds for which

contributions are required under this Agreement, and by all By-Laws, rules, procedures

and policies adopted to regulate each of said Funds, including but not limited to, the

Funds’ Revised Statement of Policy for Collection of Employer Contributions. The

Trustees of the eligible Funds shall secure the approval of the Treasury Department under

the applicable provisions of the Internal Revenue Code and shall amend the same, if

necessary, to secure such approval, so as to qualify the Employer-contributions as

deductions for Federal Income Tax purposes.

Section 11. No contribution to any of the Funds as specified in this Article shall

be required on the premium portion of wages. For the purposes of these Sections only,

all hours worked shall be regarded as straight-time hours.

(a) It is further agreed, however, that contributions specified in this Article shall

be paid on the hours represented by wages received for not working on the afternoon of

the days specified in Article XI, Section 10.

(b) Fringe benefit contributions, including Vacation Fund payments, will be the

same for the General Foreman, Foreman and Journeyman. Fringe benefit contributions

for Apprentices shall be in accordance with applicable schedules in Article XII.

Apprentices contributions shall be made to the fringe benefit funds on the basis of hours

for which said employee is actually paid, regardless of whether said hours are actually

worked. This provision shall not apply to bonuses, paid vacation or paid sick leave,

voluntarily paid to said employees.

Section 12. Whenever the Employer is in default in payments to the Funds

referred to in Article XVI or the Agreement, and reasonable notice of such default is given

to the Employer, if the payments are not made, the Union may remove its members from

the work of such Employer. If such employees who are removed remain at the jobsite

during regular working hours, they shall be paid for lost time not to exceed three (3) days’

pay (i.e., wages and benefits).

Section 13. (A) In the event that formal proceedings are instituted before a

court of competent jurisdiction by the trustees of a Benefit Fund or Funds to collect

delinquent contributions to such Fund(s), the Employer shall pay to such Fund(s), and in

lieu and any other liquidated damages, costs, attorney’s fees and/or interest, the

following:

(a) the unpaid contributions; plus

(b) interest on the unpaid contributions determined at the prime

rate of Citibank plus two (2%) percent; plus

(1) the amount of the interest charges on the unpaid

contributions as determined in above, or

(2) liquidated damages of twenty (20%) percent of the

amount of the unpaid contributions; plus

(d) reasonable attorney’s fees and costs of the action; and

(e) such other legal or equitable relief as the court deems

appropriate.

(B) In the event that proceedings are instituted before an arbitrator under

Section 14 of this Article to collect delinquent contributions to Benefit Fund or Funds, and

if such arbitrator renders an award in favor of such Fund(s), the arbitrator shall be

empowered to award such interest, liquidated damages, and/or costs as indicated above

and as may be applicable under the Agreement and Declaration of Trust establishing such

Fund(s).

Section 14. Should any dispute or disagreement arise between the parties

hereto, or between the Trustees of a Benefit Fund or Funds and any Employer signatory

hereto, concerning any claim arising from payments to the Funds of principal and/or

interest which is allegedly due, either party or the Funds’ Trustees may seek arbitration

of the dispute before one of the impartial arbitrators designated hereunder by filing a

notice of intent to arbitrate in writing with said impartial arbitrator, and serving a copy of

said notice on the Association, or the Union, as the case may be. Unless a waiver is

mutually agreed to in writing by the parties hereto, a hearing shall be convened as soon

as practicable, and the arbitrator shall submit his award within twenty (20) days after the

close of the hearing. The arbitrator shall have full and complete authority to decide any

and all issues raised by the submission and to fashion an appropriate remedy including,

but not limited to, monetary damages. The arbitrator’s award in this regard shall be final

and binding upon the parties hereto and the individual Employer, if any, and shall be

wholly enforceable in any court of competent jurisdiction. The cost of the arbitration,

including the fees to be paid to the arbitrator shall be included in the award and shall be

borne by the losing party.

(a) Roger Maher, J.J. Pierson, and Steve Kasarda are hereby

designated as impartial arbitrator(s) hereunder.

(b) The agreement of the parties to submit said matters regarding the

payment of contributions to an arbitrator does not excuse the Employer from any

statutory, civil or criminal liability which may attach to his actions under Municipal, State

or Federal law. The submission of a matter to arbitration is in no way meant to affect the

right of the Union to remove its members from an Employer’s premises, as provided for

in this Agreement.

Section 15. A benefit plan has been established which provides for the payment

of contributions to the Welfare Fund, Pension Fund, Vacation Fund, Annuity Fund, New

York City and Vicinity Labor Management Cooperation Fund, United Brotherhood of

Carpenters and Joiners of America Fund, Apprenticeship Journeymen Retraining

Educational and Industry Fund, and Supplemental Funds pursuant to a consolidated

voucher, which includes the filing of summary reports with the Fund office. The Employer

will comply with procedures established by the Benefit Fund Trustees to assure that the

employee receives the consolidated voucher together with his/her pay. The vouchers

shall be purchased through facilities established by Automatic Data Processing (ADP) or

such other agencies authorized by the Trustees.

ARTICLE XVII

Surety Bond

An Architectural Metal, Glass and Storefront Contractors Association, Inc.

member is not required to post a Surety Bond except as stated hereafter.

Any Architectural Metal, Glass and Storefront Contractors Association, Inc.

Employer whose records have been audited by the Funds’ and who is found to be

delinquent is required to post a bond in the amount set forth in accordance with Section

1 of this Article.

In the event this occurs, the matter will be brought before a committee consisting

of the Managing Director of the Architectural Metal, Glass and Storefront Contractors

Association, Inc. (or his representative) and an authorized representative of the District

Council who will make a determination as to the implementation.

A new Employer whose records have never been audited by the Funds’ auditors,

shall be required to post a bond as set forth in Section 1 of this Article. A new Employer

upon completion of an audit by the Fund’s auditors, and said audit reveals no discrepancy,

shall not be required to continue to post a bond.

Section 1

An Employer is required to post a bond as set forth in this agreement to guarantee

payment of contributions to the Funds as provided for in Article XVI, Section 1.

Employer’s Acknowledgment of Prompt Payments to the Funds

The Employer further acknowledges and the parties agree that prompt payment of fringe

benefit contributions is essential to the proper administration of the Agreement, the

appropriate funding and actuarial soundness of the Funds and the timely payment of

benefits to participating employees. The Employer agrees to comply with the Funds’

Collection Procedures, as may be adopted by the Board of Trustees, including responding

to information and other requests on a timely basis, promptly including but not limited to

permitting and cooperating with an audit. When a signatory Employer owes to the Benefit

Funds an amount greater than the face amount of its bond, the bond must be increased

to cover such indebtedness. An Employer determined to be delinquent shall be required

to make weekly cash payments to the Funds by certified check to cover on-going

contribution obligations. If this is not done, the Union at its discretion may remove all

members of the bargaining unit from the employ of that Employer.

Job Action for Non-Complying Employer

The Employer agrees to provide a bond in such amounts as provided for here in Article

XVII relating to Bonding before commencing any work. In the event that the Employer

fails to provide such bond within seven (7) days of commencing work, the District Council

may consider the Employer in default and remove its members, upon reasonable notice,

from each of the Employer’s job sites. If the members remain on the site, they shall each

receive no more than three (3) days of wages and fringe benefit contributions during such

job action.

Personal Liability of Shareholders, Officers, Other Individuals

(a) In the event that the Employer fails for any reason to satisfy the Bonding

requirement provided for here in Article XVII the Employer agrees that its shareholders,

officers, and individuals who are empowered to execute agreements, sign checks and

pay fringe benefit contributions shall be personally liable, jointly and severally, for all

unpaid amounts due and owing to the Funds, including but not limited to interest,

liquidated damages, auditors’ costs, attorneys’ fees and costs to collect the same.

(b) No Limitations

This Section shall in no way relieve or excuse any Employer of its contractual

obligation to post a bond or such other form of surety as required by the Benefit Fund

Trustees, regardless of the business form under which the Employer performs the work

covered under this agreement. The Employer also agrees that this provision shall not

excuse the Employer’s affiliate from posting said bond or other form of surety, provided

the Employer controls the labor relations of said affiliate.

Any Employer commencing work in violation of this Section shall be in violation of

Article XVI relating to the Funds.

Bond Amount

The Funds’ Trustees shall determine the amount of Bond the Employer is required to

provide, but such amount shall be no less than an amount equal to sixty days of estimated

contributions. The Employer shall provide a Bond in the minimum amounts as follows:

Number of Employees Bond Amount

1-3 $ 10,000.00

4-7 $ 15,000.00

8-15 $ 20,000.00

16-20 $ 30,000.00 20 000 00

21-25 $ 75,000.00

26 or more $125,000.00

The Funds may seize the bond if the Funds determine that the Employer has failed to

make required contributions to the Funds or if the Employer has violated the Funds’

Collection Procedures. The amount of the bond shall be subject to increase or decrease,

in the discretion of the Trustees, depending on the number of employees employed on a

particular job site or period.

ARTICLE XVIII

Miscellaneous Conditions

Section 1. Where an employment office is not maintained on the job, the

General Foreman, Foreman or the Employer’s Representative shall be conveniently

accessible to applicants at least once a day.

Section 2. When the Employer does any work outside the territory covered by

this agreement, it shall conform to the wages and other terms of employment that exist

between the Employers and employees of such locality. Such local wages, however, shall

not apply to men hired in the territory covered by this Agreement, to work in territory not

covered by it.

Section 3. If the Employer fails to comply with the foregoing, they shall receive

no support from the Union; provided, however, that no carpenter shall be removed from

jobs in the territory covered by this Agreement pending resolutions of the matter in

accordance with Article XIII.

Section 4. SHOP STEWARD. There shall be a Job Steward who will be

appointed by the Union or its Representatives to attend to the interest of the Union, and

for the performance of such duty, the Employer shall allow reasonable time. When the

Shop Steward has completed his work on behalf of the District Council, he shall perform

any work within his trade assigned to him by the Employer.

Section 5. The amount or character of work demanded by the Employer or his

Representatives shall not be unreasonable, nor shall it be restricted by the Union, its

Representatives, Officers, or members.

Section 6. There shall be no restriction against the use of any machine-made

flooring or machine cut timber or lumber.

Section 7. There shall be no restriction of the use of machinery, tools,

appliances, or methods. No powder-actuated tools shall be used unless approved by the

State Board of Standards and Appeals.

Section 8. The use of safety equipment and appliances furnished by the

Employer is mandatory, and the failure to employ the use of such equipment and

appliances, after due warning, is sufficient cause for dismissal. The Employer agrees in

all respects to comply with the requirements of the Occupational Safety and Health Act

and all regulations issued pursuant thereto.

Section 9. The consumption of intoxicating beverages or use of drugs on a

jobsite is prohibited. Violation of this rule, after due warning, is sufficient reason for

dismissal.

Section 10. Neither party, during the life of this Agreement, is to adopt any ByLaw or attempt to enforce against the other party any working rule or regulation which

is contrary to any of the clauses in this Agreement. Neither party shall attempt to

enforce against the other party any working rules which have not been approved by the

Trade Association and the Union.

Section 11. The Employers, or the Agents of the Employer shall not accept or

give directly or indirectly, any rebate on wages, or give or accept gratuities or give

anything of value or extend any favor to any person for the purposes of affecting any rate

of wages.

For violation of the foregoing, a penalty must be imposed. In case of violation by

the Employer, the penalty shall be imposed by the Association to which he belongs. In

the case of violation by a Union Member, the penalty shall be imposed by the District

Council.

Section 12. Should the parties hereto be unable to agree on the interpretation of

any Section of this Agreement, the questions shall be settled as provided for in Articles

XIII and XVI.

Section 13. The parties to this Agreement shall continue to use all efforts to

maintain an effective Apprenticeship Training Plan and/or system which will insure an

adequate force of skilled mechanics. This system shall definitely determine the ratio of

apprentices to mechanics working on a specific job that must be employed; wages to be

paid during training; method of indenture to the industry and other rules for efficiently

operating the plan. Wages and fringe benefits to be paid to such apprentices shall be as

indicated in Article XII.

Section 14. Every signatory Employer party to this contract shall notify the

District Council on its specified form, by fax, certified mail, or telephone, of the awarding

of any contract on which any of the work described in Article III hereof shall be performed

by said Employer or a Subcontractor. Said notice shall include the location of the job, the

name and address of the Contractor or Subcontractor involved, and the identity of the

General Contractor.

The District Council shall then provide the Employer with a specified job

identification number for that specific job. This identification number will be utilized for the

District Council job referral list, Steward’s reports, and summary/remittance reports. In

addition, the Foreman, General Foreman and/or the first employee is required to report

his/her presence on said jobsite and obtain this identification number.

Failure to comply with this Section, be a breach of this Agreement and shall

authorize the Union to remove its members from any job on which said Contractor or

Subcontractor has not complied with this notice. The aforesaid notice shall be given

within thirty (30) days of the award of a contract, and in any event, prior to the

commencement of work, or after the cessation of work, prior to the recommencement

thereof. It is understood that the provisions of this Section will be strictly enforced by the

Employer, as set forth above, a pre-job conference will be held, if one is requested by the

Union. The Employer shall fax or email a notice of job closure to the District Council to

signify the completion of the job.

Section 15. It is further agreed that if any Employer engaged in any class of work

not embodied in Building Construction, both parties shall comply with all the Union

conditions then existing in that class of work.

Section 16. The Employer agrees that all work covered by this Agreement shall

be contracted or subcontracted only to an employer who is signatory to or agrees to

become signatory to a collective bargaining agreement with the Union. The parties hereto

mutually agree with respect to work falling within the scope of this Agreement that is to

be done at the site of construction, alteration, maintenance, or repair of any building,

structure, or other works, that if the Contractor should contract or subcontract any

aforesaid works falling within the trade jurisdiction of the Union as set forth herein, said

Contractor shall contract or subcontract such only to firms which observe the standards

of wages and fringe benefits and working conditions established herein to insure the

observance of the wages, benefits, hours, and other items and conditions of employment

provided herein.

Section 17. Once and award is made by a General Contractor, or Builder to a

Subcontractor, who performs only one type of work, then this Subcontractor cannot resubcontract to another Subcontractor who performs the same type of work. This does

not apply to recognized specialties.

Section 18. Where for the benefit of the Employer, an employee must cross a

body of water in order to reach the jobsite and there is no public transportation available

to said site, then it shall be the duty of the Employer to provide adequate safety and

comfort for the employee’s transportation. The Employer shall protect such employee

under a policy of public liability insurance or any other insurance required by law for any

public conveyance.

Such certificate shall be posted in a conspicuous place, on any conveyance used

by the Employer. Should such transportation, whether private or public, require

extraordinary fare, such fare shall be paid by the Employer. The employee shall not leave

the shore opposite the jobsite earlier than 8:00 a.m. and shall return to the same shore

not later than 3:30p.m., or if engaged in heavy construction, no later than 4:30 p.m.

Section 19. The Employer agrees that if it performs any service or work described

in the Trade Agreements of the District Council of Carpenters within New York State within

the geographic jurisdiction of the District Councils, it shall be bound by all the terms and

conditions of the Trade Agreement applicable to the location where said service or work

is being performed for the period of time that said service or work is being performed in

said location, in the same manner as if it were a direct signatory to the applicable Trade

Agreement.

Section 20. (a) In order to protect and preserve, for the employees covered by

this Agreement, all work heretofore performed by them, and in order to prevent any device

or subterfuge to avoid the protection and preservation of such work, it is hereby agreed

as follows: If and when the Employer shall perform any work of the type covered by this

Agreement, under its own name or under the name of another, as a corporation,

company, partnership, or any other business entity, including a joint venture, wherein the

Employer exercises either directly or indirectly any significant degree of ownership

management or control, (i.e. through family members), the terms and conditions of this

Agreement including Fringe Benefits shall be applicable to all such work.

(b) All charges of violations of Paragraph (a) of this Section shall be considered

as a dispute under this Agreement and shall be processed in accordance with the

procedures for the handling of grievances and the final binding resolution of disputes, as

provided in Article XIII, of this Agreement. As a remedy for violations of this Section, the

arbitrator (or arbitration body) provided for in Article XIII, is empowered at the request of

the Union, to require an Employer to (1) pay to affected employees covered by this

Agreement, including registered applicants for employment, the equivalent of wages lost

by such employees as a result of the violations and (2) pay into the affected joint trust

funds established under this Agreement any delinquent contributions together with

interest, penalty and liquidated damages to such funds which have resulted from the

violations. Provisions for this remedy herein does not make such remedy the exclusive

remedy available to the Union or the Trust Fund for violation of this Section; nor does it

make same or other remedies unavailable to the Union or the Trust Fund for violations of

other Sections or Articles of this Agreement.

the Trustees of the joint trust funds to institute court action to enforce an award rendered

in accordance with Subsection (b) above, or to defend an action which seeks to vacate

such award, the Employer shall pay any accountants’ and attorneys’ fees incurred by the

Union and/or fund trustees, plus costs of litigation, which have resulted from the bringing

of such court action.

Section 21. The Employer reserves and retains the sole and exclusive rights to

manage its operations and to direct the work force except only to the extent the express

provisions of this Agreement specifically limit or qualify these rights.

Section 22. On every job the Employer shall provide a suitable locker. In

buildings over six stories high, a locker is to be provided on every fifth floor. The locker

shall have the door hinged in such a way that hinges cannot be taken off while the door

is closed without breaking the door. The lock must be a mortise lock or hasp and staple

bolted through a door, or a safety hasp which covers all screws; in any case, it must be

impossible to open the door without breaking it or the lock.

The Employer shall furnish a suitable tool shanty on every fifth floor on all jobs over

ten (10) floors in height.

Section 23. The Employers who have complied with the above requirements are

only responsible for loss of tools and clothing due to the burning or forcible entry of the

locker and such liability shall be limited to a sum not to exceed:

$ 300 for tools ($250 on concrete)

$ 100 for overcoat

$ 100 for clothing

$ 50 for shoes

upon submission of proper proof of loss. Proof of loss must be filed within forty-eight (48)

hours of the actual loss and payment of the above described claim must be made within

fourteen (14) working days of receipt of the proof of loss. Any disputed claims shall be

resolved pursuant to Article XIII hereof.

Section 24. Employees’ tools which become dulled on the job shall be

reconditioned at the expense of the Employer by the employee covered under this

Agreement.

ARTICLE XIX

Industry Advancement Program

All Employers covered by this Agreement shall contribute fifteen ($.15) cents for

each hour of employment of Carpenters to THE INDUSTRY ADVANCEMENT

PROGRAM. All Employer contributions to this Program shall be remitted with the voucher

plan contributions for the Benefit Funds. The bank servicing the Benefit Funds shall

deliver all such contributions to THE INDUSTRY ADVANCEMENT PROGRAM located at

451 Park Avenue South, New York, New York 10016 (4th Floor), after verifying that the

amount of each such contribution has been correctly computed by the Employer.

The INDUSTRY ADVANCEMENT PROGRAM shall reimburse the Carpenters’

Fringe Benefit Funds all expenses incurred by it, for services it renders in connection

with the accounting of these contributions.

The Trade Association and/or the Employers’ acknowledge receive of the Trust

Agreement of the Industry Advancement Program and agree to be bound by its terms.

ARTICLE XX

Expiration Clause

This Agreement shall be binding on the Employer and the Union, their successors

and assigns. The duration of this Agreement shall continue until June 30, 2024 and

shall be renewed automatically for one-year intervals thereafter unless notice to the

other at their last known address has been provided by either party by certified and

regular mail no more than ninety (90) days nor no less than sixty (60) days before the

contract expiration that such party seeks to negotiate a new contract or modify or amend

this Agreement through negotiations. Once negotiations have commenced, neither

party will seek to alter unilaterally the terms or conditions of employment of employees

covered by this Agreement until such terms have been changed by execution of a newly

negotiated agreement.

ARTICLE XXI

Retroactivity

It is mutually agreed that all wages, fringe benefits and conditions provided for in

this Agreement shall not be retroactive to July 1, 2017.

ARTICLE XXII

Effectuating Clause and Signatories

The parties hereto make and enter into this Agreement, in witness whereof, we,

their duly authorized and empowered representatives, have hereunto set our hands.

For ARCHITECTURAL METAL, GLASS AND STOREFRONT

CONTRACTORS ASSOCIATION, INC.

By:_________________________________ Date _________

Name:______________________________ Title:__________________

For the Union:

DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED

BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

By:________________________________ Date:_________________

Name:______________________________ Title:__________________

The party of the First Part, herein referred to as the Employer, signatory to this

Agreement, hereby acknowledges receipt of copies of the Agreement and Declaration of

Trust of the New York City District Council of Carpenters Welfare Fund; Pension Fund;

Apprenticeship, Journeymen Retraining, Educational and Industry Fund; Annuity Fund;;

Vacation Fund; CCA Metro, and Supplemental Fund.

By: