Association Stone Setters Local Union 1 CBA 7.1.2021 to 4.30.2026.pdf

agreement between the contracting stonesetters association, inc. And bricklayers and allied craftworkers local union no. 1 stonesetters july 1, 2021 through apru 30, 2026 1 13 article1 scope, recognition, term, work day this agreement is effective in the region of new york city, nassau county and suffolk county. The bricklayers and allied craftworkers local union no. 1 (union) is hereby recognized as the exclusive collective bargaining agent of all stonesetters and apprentices (employees) employed by the contracting stonesetters association. Inc. (employer or association) to this agreement. The terms stonesetter and apprentices shall include but not limited to, all persons employed on work specified in article 8. The union is hereby recognized as the sole bargaining representative of all stonesetters and apprentices employed within the jurisdiction of the union. The term of this agreement is to run from july 1, 2021 to april 30, 2026. This agreement shall be deemed to be and shall be automatically extended and renewed from year to year by and between the parties hereto for one (1) year terms upon all of the above terms, conditions, and covenants, unless either party gives written notice in accordance with article 28 of this ag the standard rate of wages and fringe benefits for stonesetters shall be asstated in article 33. The hours of laborshall be from 8:00a. M. To 3:30 p. M. With a half hour lunch from 12:00 noon to 12:30 p. M. , except on saturday and sunday, when no workshall be performed. A coffee break of fifteen (15) minutes will be observed two (2) hours after work begins in the morning on a seven (7) hour day, and on an eight (8) hour day, an additional coffee break of ten (10) minutes will be observed two (2) hours after lunch break. Site work (defined as paving and base coarse) shall be performed on an eight (8) hour day. Flexible starting time may be utilized on all jobs at the option of the employer. Flexible starting time must be utilized on a job site basis and only after notice on or before noon on thetuesday preceding the payroll week. Flexible starting time must be used for one (1) or more payroll weeks as the program is currently run article 22: scaffolding article 23: foreman article 24: number of stonesetters article 25: i. U. B. A. C. Cba article 26: union dues books article 27: signed employers article 28: notice to change cba article 29: severability article 30: trust funds article 31: funds audit and record keeping article 32: favorable terms article 33: wages & fringe benefit contributions.. Article 34: dues checkoff article 35: trust agreements article 36: promotion fund/stonesetting industry advancement fund article 37: non-association employers article 38: subcontracting/subletting article 39: bonding article 40: project labor agreements article 41: job targeting program article 42: equal opportunity article 43: paid sick leave 13 .13 13 14 ,14 15 .15 15 16 18 19 .23 .24 .24 .25 .25 .25 .26 .26 .26 .27 i case less than the established minimum wage scale of the local agreement covering the territory in which such work is being performed plus all contributions specified in the job site local agreement. The employer shall in all other matters be governed by the provisions established in the job site local agreement. If employees are sent to work on a project in an area where there is no local agreement covering the work specified in thisagreement, the full terms and conditions of this agreement shall apply. Article 3 payment procedure the journeyman stonesetter shall be paid every week before quitting time on thursday. The amount so paid shall be enclosed in envelopes, with fringe benefit stamps, one to each employee with the time and amount in cash marked thereon and with the proper deductionsforsocial security and withholdingtaxes. The employer’ s name and address shall be printed on the outside of the envelope. An employer who is a member of the association may pay by check provided that the dishonoring of any check shall entitle the employee so inconvenienced to fourteen (14) hours additional pay. And said employer must then pay by cash only, for a period of at least one (1) year, and at that time his case shall be reviewed by the arbitration board to determine whether or not and under what conditions said contractor may resume payments by check. The payroll week shall begin on wednesday and end on the following tuesday inclusive. If a journeyman stonesetter is required to work overtime on a day which he is laid-off. Payment for the overtime work may be remined by association members within forty-eight (48) hours by registered or certified mail to the union. Layoffsshall be effective at normal quitting time. Stamps for laid-off stonesetters may be mailed by members of the association to the union postmarked the next business day. Replacement journeymen stonesetters, employed by employers, must be paid by check mailed to the union and postmarked within seventy-two (72) hours of the last day worked or the next applicable pay day, whichever is first. In the industry. Starting time must be 7:30 a. M. And lunch after four(4) hours at 11:30a. M. If a flexible starting time program is adopted, the starting time may be any time between 7:00 a. M. To 9:00a. M. , except that, during march 15″ 1 and lrabor day of each respective year, the starting time may be any time between 6:00 a. M. To 9:00 a. M. Overtime shall begin after 3:30 p. M.. Except when flexible start time isinvoked by the employer, or after the seventh (7 , h ) hour of work and shall be paid in accordance with article 5. If stonesetters cannot go to work due to weather conditions, they shall be paid show-up time of one (i) hour provided they remain on the job. Saturday, sunday. Holidaysand off-hourswork will require two (2) hours show-up pay at the straight time provided they remain on the job. Article 2 rate travel allowance on all work within the confines of greater new york, the employee shall receive seven(7)hourswork, namely from 8:00a. M. To3:30 p. M. All journeymen stonesetters whoare required to go on jobs outside the confines of greater new york shall receive the following travel allowances: . $7.00 per day . $7.00 per day $10.00 per day staten island .. Nassau county. Suffolk county when the employer has any work specified in thisagreement to be performed outside of the area covered by this agreement, which is within the area covered by the standard agreement of another affiliate of the bac, the employer agreesto abide by the full terms and conditions of the bac affiliates standard agreement in effect in the job site area with respect to both traveling employees and employees hired in the job site area. Employees covered by this agreement who are sent to projects outside the area covered by this agreement shall be paid at least the established minimum wage scale specified in thisagreement but in no 3 2 paid for ai the established rates for overtime. Work performed on the following two holidays. Presidents day and good friday, shall be paid at the established premium rate for overtime. In addition. Journeymen stonesettersshall only be required to work for a half day on christmas eve. Journeymen stonesetters shall receive a full days wages for work performed on this half day. Article 6 tools of the trade under noconsideration shall an employer apply himself to the setting man , cleaning or pointing of any stone work. Only a journeystonesettershall work with any and all of the tool to the trade. Article 4 agreement to bargain the association and bac local 1 agree to bargain in good faith at the end of the current agreement for a new agreement. The parties agree to maintain the same relationshipand todiscuss the establishment of a collective bargaining relationship pursuant tosec.9(a) of the national labor relations act upon expiration of this agreement. Article 5 overtime all overtime including saturdays, sundays and holidays, shall be paid atdouble-time rates. Overtimeshall begin after3:30 pm. , except when flexible start time is invoked by the employer, or aftertheseventh (7 ‘ ) hour of work and shall be paid in accordance with article 5. Overtime for site work (defined as paving and base coarse”) shall begin after the eighth (8 lh) hour of work. On all job sitesthe employer may at his option designate a seven (7) hour workday from 7:30 a. M. To 3:00 p. M. With one half (1/2) hour lunch from 11:30a. M. To 12:00 noon. Afull hour s pay shall be paid for any portion of the hour worked. Notwithstanding the precedingsentence, the employershall have the option to call for a half-hourincrementof overtime in the afternoon from 3:30 p. M. To4:00p. M. , provided however that thisshall be done only on an occasional and noncontinuous basis, and provided further that in the event any work is performed after 4:00 p. M. The employee shall receive overtime pay (double-time) from 3:30 p. M. Notwithstanding the above, the first hourof overtimeon weekdays shall be paid at time and one quarter and the second hour at time and one-half, and the first nine (9) hours of overtime on saturdays shall be paid at time and one-half, not double-time. No work shall be performed on the following six (6) holidays: new years day, memorial day, fourth of july. Labor day, thanksgiving and christmas day. Permission to work on any of the above six (6) holidays, due to an emergency, may be granted by the trade board. Work performed on these holidays shall be s necessary article 7 furnishing materials the stonesetting contractors shall furnish all . Necessary for the setting, pointing and cleaning of all substitutes thereof. Materials ! Stone or article 8 work jurisdiction the setting, fitting, cleaning, pointing, parging and anchoring of all stone work cut in yards or quarries or on job by stone cutters set with or without mortar must be done by journeymen stonesetters. Cleaning of stone work to mean, using of wire brush, dry rub with abrasive, sand blast, water, acid or any other cleaning agent to remove dirtstain or other foreign matter from faces of stone. Pointing of stone work to mean the cutting out, preparing, caulking, filling, or grouting of all joints with cement, oakum, men lead, mastic, or any other material and shall be done by journeystonesetters who shall operate all tools in connection with this work. Stonesetters who shall operate all tools in connection with this work. The parging of stone work, the applying of field coat of paint or other damp-proofing material, the application of oil or any other preparation to the face or back of stone work shall be done by journeymen stonesetters. A journeyman stonesettershall be in charge of the removal of cut stone in the alteration or demolition of a building, when such stone is used in connection with the restoration or rebuilding of the operation or to be removed and built at another site. This agreement includes the setting and pointing of artificial stone or any precast concrete or other substitute for cut stone. Thisisto apply toall work on buildings, viaducts, bridges and all other work including all stoops, doorways and vestibules within greater new york and long island. This agreement shall also include all work formerly performed by employees represented for collective bargaining by stone masons subordinate local 33 new york. This agreement also includes the installation, setup, operation and maintenance of any robotic or mechanical device as it relates towork furtherdescribed in thisarticle and article9. Thisagreement also includessite work, which isdefined as paving and base coarse. Article 11 discharge when journeymen stonesetters are discharged for any cause, they shall upon request of payment of wages be paid an hour before quitting time. A violation of this ruling entitles a journeyman stonesetter to compensation at working rates for the working time that elapses between the time of discharge and the time of receiving his money providing the claimant remains at the job during all the working hours until he is paid. This time will not exceed two (2) days. No claims for waiting time shall be allowed in excess of fourteen (14) hours. This discharge rule shall not apply to layoffs. Any man sent to an operation at the request of the employer and not started, weather permitting, shall receive four (4) hours pay. If a journeyman stonesetter is started on an operation and laid off the same day, he shall receive no less than seven (7) hours a pay. Upon request of the foreman to remain on the job after 9:00 a . M. Because of conditions, the men shall be paid from 8:00 . M. Until told to leave the job provided the men remain on the job available for work from 8:00a. M. If a stonesetteris ordered out on saturday, sunday or holiday, and does not start, he shall receive four (4) hours pay at overtime rates. The employer will endeavor to advise employees of any weekend overtime by friday. Article 12 job seeking article 9 repair work jurisdiction all repairs, renovations, alterations, cleaning, roughing and patching, cuttingout of joints and pointing on old stone work shall come under the classification of article 8 of this agreement. The contractor shall furnish all special cutting tools on this work. Article 10 union member! Employer any journeyman stonesetter who becomes an employer must take out a withdrawal card of membership from the union and his membershipshall cease, excepting any benefits that have accrued. Noon article 13 shop steward to effect the observance of this agreement, each job where there is more than one stonesetter employed shall have a shop steward appointed from among the men on the job. The employ- final and binding and conclusive with full rights of enforcement in any court of competent jurisdiction. In the event of a tie vote, any party to thedispute may submit the controversy whose ican arbitration association for the appointment of an arbitrator, decision will be final, binding and conclusive upon the parties with full rights of enforcement in any court of competent against jurisdiction. The cost of the arbitration shall be borne by the party whom the award is rendered. Article 15 removal of stonesetters for delinquentcontributions plying no journeymen with stonesettersshall work for any one not com- rules and regulations herein agreed to. If a building funds should be abandoned for any cause, on which wages and various contributions of any of the journeymen stonesetters are unpaid when due. The journeymen stonesetters shall reserve the right to refuse towork thereon untilsuch wages and contributions are employer paid. After receipt of notice of delinquency as aforesaid the must pay in full all fringe benefit contributions. Union after a delinquency and a notice by registered mail from the after notice from the administrators, to the delinquent employer ofan intention toremove journeymen stonesetters, any journeyman stonesetter so removed because of nonpayment of said contribution shall be paid for loss of time not to exceed two at (2)days pay. The partiesto thisagreement provide, however, that all times the trustees of the fringe benefit funds shall have regulations the absolute discretion to establish new or modified rules and concerning payments of contributions to the funds, including the requirement that payments be made frequently. Article 16 i. V. B. A. C. Of america it is to be understood that nothing in this agreement shall be construed with by theassociationand local union no. 1 asinterfering america the right of the union to obey all laws of the i. U. B. A. C. Of . Er may lay off one (1) shop steward. However, the employer, for just cause, reserves the right under this agreement as to the continued employment of the replacement shop steward. The shopsteward shall determine that all stonesetters on the job are employed in accordance with this agreement. He shall see that the classification of trade as defined herein and that all terms of this agreement are complied with. The employer shall not interfere with the shopstewards performance of his duties assuch which shall be performed without any inconvenience to his employer. He istowork asastonesetter and not use his position as shop steward as an excuse to avoid performance of his duties as a stonesetter. He shall be one (1) of the last two (2) stonesetters on the operation, provided he is capable of performing the work. If a shop steward be discharged for inspecting the card of employeeson the job, orforcalling the foremansattention toany violations of this agreement, he shall be reinstated at once until the matter is brought before the arbitration board of the stone trade for settlement. No shop steward shall be discharged for inquiring after the card of men working on any job nor shall the business agent be interfered with when visiting any operation where journeymen stonesetters are employed. To the amerarticle 14 arbitration which cannot be satisfactorily all grievances or complaints adjusted between the individual employer and the journeymen stonesetters will be submitted toanarbitration board of thestone trade which shall consist of three (3) stonesetting contractors selected by theassociation and three (3)journeymens selected by the union. The arbitration board of the stonetrade shall have the power to render a decision determining the facts in dispute and to order the parties hereto to take such action as may be necessary to assure compliance therewith, including the determination and imposition of damages and fines and the costs of the arbitration board proceeding and such decision shall be toneseoers article 18 non-discrimination for union duties (2) the men shop steward shall be retained as one of the last two be no on the operation including the foreman. There shall discrimination by the employer against any journeyman member stonesener because of his duties as shop steward or committee . Article 19 accident injury in the event of any injury by accident to a journeyman stonesetter, the shopsteward shall immediately cease work, and shall then investigate the cause of theaccident, and gatherall evidence, member such as would be useful to establish any claim of the injured or beneficiary thereof. Article 17 tools! Clothing! S hanty each journeyman stonesetter shall provide himself with a proper kit of tools, for which he shall be provided a suitable tool box by his employer, properly locked for the protection of his tools and clothing only, said box to be moved from floor to floor as the job proceeds. Employers that are not members of the association shall be liable for all losses of clothing and tools at the job site. A member of the association is only responsible for loss of clothing and tools due to the forcible entry or burning of tool houseor box, or lack ofsuch facilities, and such liability shall be limited to a sum not to exceed: $75.00 $80.00 $500.00 $50.00 for a suit of clothes for shoes for tools . , , , article 20 for work clothes safety zass&zxsa&sssss. – assorted wrenches and sixteen (16) ounce p urn shajsssssssssmsir | fumish a regulation r mask for protection of the optratot a shanty shall be supplied by the employer to provide heat m whensuch protection from excessive dust, flying abrasivemother the winter months upon the following terms and conditions. Mjunous particles is necessary to the operator s safety cn (a) the heat is supplied by the general contractor or construejds. Oams. <>r any agency injurious to the operators health or tion manager free of charge to the employer; ^ 9 ~o with the journeymen stonesetters the union agrees to work with the labor-management com may incur if members violate those safety rules. P * operations. T o l i osha certification: employees shall attend an occupational safety and health administration ten (10) hour construction ducted by osha training institute. Article 21 article 22 scaffolding operate the journeymen stonesettersshall retain the right to hang, set, for , assemble and otherwise handle all scaffolding required ing the used performance in setting or of their work, with the exception of scaffolduses. Scaffolding erected by othersfor multi-trade course con apprenticeship system both parties to this agreement agree to maintain an adequate apprenticeship system for the industry, such system to be administered by a joint committee, appointed in equal number by the union and employers. Each employershall make the designated contribution to theapprenticeship fund through the pre-purchase of stamps as set forth in articles 30 & 33. Apprentices may be used in a setting gang. Wages of apprentices shall be the following percentage of journeymans rate: article 23 foreman when four (4) or more journeymen operation or stonesetters are on an foreman, who employed by a firm, a setter shall be designated as worked shall receive at least a minimum of $35.00 per day above the standard rate. He shall be paid straight time. Article 24 number of stonesetters elevation when setting of precast or a panelized stone system up to an of one (1) stonesetter fifty (50) feet above grade (street level), a minimum the unit. Shall be utilized regardless of the size of needed to if, in the employers discretion, another employee is or a panelized setstone up toan elevation of fifty (50) feet on precast stonesetter. A stone system, the employee shall be a second panelized second stonesetter will be utilized on precast or a above. Stone system where the elevation is fifty (50) feet or 0-800 hours …801-1440 hours .1441-2080 hours .2081-2720 hours .2721-3360 hours ..3361-4000 hours 40%. 50% . 60% . 70% 80% 90%. Completion of apprenticeship effective as practicable, wages of a new apprentice shall be forty percent (40%) of the journeymans rate subject to approval of the department of labor with a ratio of two (2) journeymen to one (1) apprentice. The allocationsfor new apprenticesto the vacation fund and annuity fund are asfollows: vacation fund – $3.30 per hour and annuity fund – $3.25 per hour. The allocations above set forth shall remain in effect until the new apprenticesreach the seventy percent(70%)apprentice rate, at which time the allocationsto the vacation and annuity fund will be assetforth in theagreement. 100%. Article 25 i. U. B. A. C. Cba i. U if . B an a. C employer . Of america having an agreement directly with the thisagreement, does any work in the territory covered by contained the employermust comply with all the conditions in this agreement. 12 13 the name of the principal officer of each member on an annual basis. Article 26 union dues books every stonesetter is required to have his/her union dues book with his/her picture sealed therein. Every stonesetter’s duesbook shall indicate that current dues have been paid to the union. The production of a stonesetters dues book indicating payment of current duesshall signify the journeyman’ sorapprenticesstatus as a qualified member of the union. On jobs where journeymen stonesetters are required to obtain identification tags or cards before starting and are required to return same to the job office at quitting time, or where the tool house provided for their tools and wearing apparel is distant one hundred fifty (150) feet from the building operation. Journeymen stonesettersshall not leave the tool house until starting time and the same consideration shall be allowed them at quitting time. Consideration shall be given tojourneymen stonesetters working above twelve (12)storiesif elevatorservice is not maintained, a reasonable time being allowed to and from work. All stonesetters will be trained underoshas hazard communications standard and also be given a c. P. R. Course. The union shall not be liable for any of the cost and expense of this training course. All stonesetters shall produce within forty-eight (48) hours of the employers request, identification cards certifying to the completion of said training. Stonesetters shall not be entitled to receive compensation for attending such training courses. Article 27 signed employers no journeyman stonesetter shall perform work for any employer, including subcontractors, not signing an agreement to comply with all rules and regulations and to pay wages as provided in this agreement within the jurisdictional limits. The association shall provide to the union a list of association members, giving each membersfull name and address, including article 28 notice to change cba either party in this agreement shall notify the other party in writing no less than sixty (60) calendar days prior to the then expiration of the agreement of any change desired. This notification shall be sent by certified mail. Notice of intent to change the agreement shall not be considered a notice to terminate the agreement. Article 29 severability it is further agreed by and between the parties hereto that if any federal or state court shall at any time decide that any clause or clauses of this agreement is or are void or illegal, such decision shall not invalidate the other portions of this agreement, but any such clause or clauses declared void or illegal by a federal or state court shall be stricken out and the remaining portion of this agreement shall be considered binding between the parties hereto. Article 30 trust funds all the following funds shall be administered by joint committees of trustees and shall at all times be under the protection, supervision and control ofsaid committeesoftrustees. The union shall furnish the administrator with signed copiesof all collective bargaining agreements. The contributions for all funds shall be deposited into the various fund accounts to be used to purchase insurance, hospitalization, medical sick benefits, vacations, etc. , in accordance with the trust agreements asfollows: stamp (benefits) program all payments for stamps shall be by check, cash, or online for 14 15 records of the employer shall be made available at reasonable times for inspection and audit by. But not limited to, the tant, outside independent auditors or other representatives of the trustees of any fringe benefit funds. The employer shall be required to disclose upon such audits all payrolls and payroll ledgers including office payrolls, yard payrolls, new york payrolls. New jersey payrolls, computer payroll printouts, w-2 forms, quarterly federal payroll tax returns (form 941), quarterly state payroll tax returns (forms wrs-2 and wrs-30), nys-45s, annual federal and state tax returns, cash disbursement journals, purchase journals, general ledgers, new york state employment records, insurance company reports. Employer remittance reports, payroll and supporting checks, ledgers, vouchers. 1099 forms, evidence of unemployment insurance contributions, payroll tax deductions, disability insurance premiums, certification of workerscompensationcoverage, checksinsupportofany governmental filings or tax payments, remittance reports and checks in support thereof and any otherdocumentation concerning payment of fringe benefit contributions for hours worked by employees remitted to multiemployer fringe benefit funds other than fringe benefit funds described herein, and any other items concerning payrolls. In addition, the aforementioned books and records of any affiliate, subsidiary, alter ego, joint venture or other related company of the employer doing bargaining unit work within the union jurisdiction, shall also be made available at all reasonable times for inspection and audits by, but not limited to, the accountants, outside independent auditors orother representativesofthe trustees of the fringe benefit funds. The employer agrees that if it is found to be delinquent in the payment of contributions, or if it fails to permit an audit of its books and records, the employer shall pay reasonable attorneysfees incurred by thetrustees, audit charges, and a service charge of ten (10%) percent of the amount found to be delinquent. The employer shall retain, for a minimum period of six (6) years, payroll and related records necessary for the conduct of a proper audit in order that the designated representative of the members of theassociation. However, the employeris permitted to give individual employees the option to request in writing that they receive only electronic verification of their benefits payments rather than paper receipts. Payment of wages to individual employees shall be by check or direct deposit from members of the association. No stampsshall be furnished to any delinquent employer; each employer must make a positiveor negative employment report by the fifteenth (15lh) of the month following each calendar month of employment. No stamps may be sold to an employer not making such report. The employee who continues to work for any employer after not receiving his weekly pay and/or hisfringe benefit stamps, and does not notify the union or fund office of such fact shall have his eligibility suspendedfor all funds until the delinquencies have been paid by the employer. The intent of the foregoing provision isto prevent unscrupulous employers and employees from conspiring to deprive the funds and other employees of the proper amount of contributions and benefits. An employer purchasing stamps by check will be charged a two percent (2%) administrative fee if the check is dishonored by the bank. Stonesetters who are full-time paid officers of the union shall be considered employees of the union and shall become parties to the various funds on the same conditions as otherjourneymen stonesetters. In such case the union may pay the contributions as any other employer to the funds. Article 31 funds audit and record keeping each employer shall at all times permit an audit of its books and records by the trustees of the several trust funds named herein, or their designated representative, in order to determine whether correct contributions have been made. The books and accoun16 17 trustees may make periodic review to confirm that contributions owed pursuant to this agreement are paid in full. In the event, after the trustees have made a reasonable request, the employer fails to produce its books and records necessary for a proper audit, the trustees, in their sole discretion, may determine the employers hours subject to contributions for the requested audit period based on the greater of the following methods: 1) the highest number of employee hours for any month during the twelve (12) preceding months audited; or 2) the highest number of employee hours for any month during the last twelve (12) months for which reports were filed; or 3) a number of hours based on a laborfactor analysis derived from contracts and invoices specifying the performance of bargaining unit work. Nothing herein shall mean that the funds relinquish their right to commence legal proceedings to compel an examination of the employers books and records for audit. The funds shall be entitled to an award of legal fees in the event the trustees deem it necessary to commence such an action regardless of whether an audit finds contributions due and owing. In the event that an employer unreasonably refuses to permit an audit by the funds designated auditor and after notice by registered mail from the union to the employer of an intention to remove employees, any employee so removed shall be paid for lost time not to exceed two (2) days fray. The arbitration board of the stone trade shall determine if the employer is in default under this provision. Least ten (10) days written notice thereof to the union, such more favorable terms and conditions will immediately and automatically become a part of this agreement. Article 33 wages & fringe benefit contributions wage increases shall be as follows: effective 1/1/2022: effective 5/1/2022 effective 5/1/2023 effective 5/1/2024 effective 5/1/2025 increase of 1.5% ($1.57) per hour increase of 2% ($2.13) per hour increase of 2% ($2.17) per hour increase of 3% ($3.32) per hour increase of 3% ($3.42) per hour all increases are to be allocated and reallocated by local 1. In the event that the association enters into any agreement with any other trade or craft containing a more favorable annual increase in the wage and benefit package than those contained herein, the employer agrees that such more favorable terms and conditions shall automatically be extended to local 1 and the employees covered by this agreement. The union reserves the right to allocate and reallocate the increases between wage and fringe benefit contributions. Article 32 favorable terms the union agrees that in the event it enters into any contract with any employer within the territorial jurisdiction of local union no. 1 which shall provide more favorable terms to such employer, including rates of pay or conditions of employment than are provided in this agreement, it will and hereby does authorize the association member to adopt such more favorable terms as its option. Upon the exercise of such option by upon at 18 19 2250 hours. Apprentices who started their apprenticeship after july 2. 2012 qualify for 100% contributions when they have obtained 4,000 hours. The following hourly rates shall apply to apprentices who have not qualified for 100% contributions: wage & benefit scale effective january 1,2022 through april 30,2022 first year apprentice rate (40%) (taxable) wages i. U. Dues check off local dues check off defense/organizing fund vacation fund local bac pac retirement fund i. U. Bac pac (total taxable) *tool allowance (see below) journeyman wages and fringe benefit contribution hourly rates for this agreement shall be as follows: wage & benefit scale effective january 1.2022 through april 30,2022 $52.06 per hour* $3.30 per hour $1.07 per hour $0.17 per hour $0.05 per hour $0.05 per hour $0.04 per hour $11.80 per hour wages local dues check off i. U. Dues check off defense/organizing fund retirement fund i. U. Bac pac local bac pac vacation fund (total taxable) *tool allowance (see below) $20.91per hour* $0.45 per hour $0.55 per hour $0.06 per hour $3.30 per hour $0.03 per hour $0.05 per hour $0.03 per hour $68.54 per hour (non-taxable) intl. Pension fund ipf (ppa) special assessment i. M. I. Insurance & welfare new york pension fund annuity fund bac local 1 stone lmo stonesetting ind. Adv. Fund stone apprenticeship fund (total non-taxable) $2538 per hour $1.50 per hour $1.27 per hour $0.90 per hour $10.70 per hour $11.50 per hour $11.80 per hour $0.05 per hour $0.15 per hour $0.15 per hour $38.02 per hour * ($5.00 per day tool allowance) for journeymen & apprentices apprentices who started their apprenticeship on/or before july 1, 2002 qualify for 100% contributions when they have obtained (non-taxable) intl. Pension fund ipf (ppa) specialassessment i. M. I. Insurance & welfare new york pension fund annuity fund stone apprenticeship fund bac local 1 lmrc (total non-taxable) * ($5.00 per day tool allowance) for journeymen & apprentices $0.60 per hour $0.49 per hour $0.35 per hour $10.70 per hour $4.75 per hour $3.25 per hour $0.08 per hour $0.20 per hour $20.42 per hour 20 21 fifteen percent (15%) rate and, like the ipf ppa contribution are non-benefit bearing. Fringe benefits will be based upon hours paid. The tool allowance shall be $5.00 per day. The foregoingapprentice fringe benefit ratesshall apply toapprenticesonly during the first two (2) years of theiremployment as apprentices(for all employers combined) under this agreement. Thereafter, they shall receive the same fringe benefits as provided to journeymen under the agreement. The reduced fringe benefit rate set forth above for apprentices shall apply only when the apprentice works with a journeyman (i. E. , if the apprentice works alone, fringe benefitsshall be paid at the journeyman rate). It is understood and agreed that the total hourly increases due at each one-year interval may be reallocated by bac local 1 upon notice, if such reallocation is determined to be necessary by the trustees of the fringe benefit funds. Increases in wages and benefitsshall be coordinated with the beginning of the nearest payroll week. The prompt submission of reports and payment of all wages and contributions provided for in this article is essential for the continued efficient operation of each of the funds. An employer who fails to make prompt and timely payment of wage or fringe benefit contributions which necessitates enforcement or collection procedures (arbitration, court, n. L. R. B. , or otherwise) shall be required to pay all costs and expenses in connection with such procedures including attorneys fees and such other assessments, simple interest at a rate of ten percent (10%) per annum, and liquidated damages as shall be adopted by the trustees of such funds and asshall otherwise be provided by applicable law. International pension fund funding improvement plan the employer and union agree to the alternate statutory schedule of $1.40 per $.10 accrual with an increase in the international pension fund (ipf) contribution rate of four percent (4%) per year 2013 to 2016 and six percent (6%) per year 2017 to 2021, with such increases in addition to the current ipf ppa article 34 dues checkoff the employer agrees to deduct from the wages of each employee covered by this agreement who individually, in writing, duly authorizes the employer to make such deduction for union dues, the amount of assessments provided forin article 33 of this agreement. The union agrees to obtain a written authorization of dues checkoff of every person referred by the union to the employer. The original signed authorization cards shall be kept on file at the offices of the union, and a copy thereof shall be kept on file at the offices of the association. Remittance by the employer of the sums deducted from wages shall be made by pre-purchase of stamps utilized for the making of contributions to the various fringe benefit funds provided for in this agreement. Remittance by the fund office to the union shall be made after receipt of employer reports verifying employee dues checkoff. Each employershall remain responsible for the remittance of any dues withheld from its employees in excess of stamp purchases for such purpose. Each employer shall file the report form furnished for reporting dues checkoff. Neither the funds nor the trustees thereof shall have any responsibility for the collection of dues withheld by employers hereunder. The transmittal of dues checkoff to the fund office is only a convenience and neither the funds nor thetrustees thereof shall have any interest in or any responsibility with respect thereto. The form of authorization to be signed by each employee with respect to whom a deduction is to be made shall be approved by counsel for the parties hereto. It is expressly agreed that the authorizations furnished under this article shall be of noforce and effect and no deductions shall be made by any employer when there is no collective bargaining 23 22 agreement in effect to which the employer and the union are parties. It is expressly agreed that the union assumesfull responsibility forthe validity and legality of thedeductionsfrom the employees wages made by such employer and remitted to the union pursuant to this article and the union hereby agreesto indemnify and hold the employer harmless from all claims, losses, expenses, liability and damages to which the employer at any time may be subject by reason thereof. If any such claim is asserted or threatened against the employer, the union and the employer agree that the union, at its sole cost and expense shall undertake the defense of such claim on behalf of the employer and the employer shall cooperate with the union in the defense thereof. Article 35 trust agreements the employeragreesto be bound by the provisions of thetrust agreements pertaining to welfare, pension, annuity, additional security benefits, vacation, apprenticeship, and industry promotion funds, and any amendments thereto. The employer agreesto abide by the decisions of the trustees of said respective funds. Article 36 promotion fund / stonesetting industry advancement fund the employers established, by agreement and declaration of trust, a trust fund known as the stonesetting industry advancement fund (hereinafter referred to as the promotion fund or the industry advancement fund) for the mutual benefit of the building stone industry contractors who do business in the area. Said promotion fund shall be administered by employer representatives or trustees appointed by the association. Each employer shall make the designated contribution to the promotion fund through the pre-purchase of stamps, as set forth in article 33. The union shall not participate in any way directly or indirectly in the creation, administration or operation of the promotion fund. Article 37 non-association employers contractors who are not members of the association and who exclusively perform pointing, caulking, cleaning, sandblasting, patching, insulating, applying sealants and cutting out joints, must notify the union within forty-eight (48) hours of starting operations. Failure to notify the union within forty-eight (48) hours will result in a penalty of $500.00 per day to be paid to the union until notice is given. These contractors shall complete and file with the union a report indicating the names of employees, their social security numbers, the type of work performed and the number of hours of each type of work performed by each employee on a form provided by the union. Thisreport isseparate from the remittance report, and must be filed with the union by the fifteenth (15th) day of the month for work performed in the preceding month. Article 38 subcontracting/subletting the employer agrees not to subcontract or sublet any new construction work covered by this agreement to any person, firm or corporation, which is not in a contractual relationship with the stonesetters local no. 1. The employer agrees to notify the union when they subcontract any work covered by this agreement. Theemployershall provide such notice to the union within thirty (30) days of subcontracting that work. Article 39 bonding any employerthat does not maintain a permanent office within the jurisdiction of this agreement or that has not purchased ten thousand ($10,000.00) dollars in stamps within the previous 24 25 twelve (12) monthsshall be required to post a bond in the amount of twenty-five thousand ($25.000.00) dollars from an acceptable surety company to guarantee the obligations of the employer to the stonesetter fringe benefit funds as provided in article 30 of this agreement. Any employer that is owned or affiliated w’ith a foreign corporation or company with a permanent office outside of the united states of america shall be required to post a bond in the amount of fifty thousand ($50,000.00) dollars from an acceptable surety company to guarantee the obligations of the employer to the stonesetter fringe benefit funds as provided in article 30 of this agreement. This bonding requirement shall not apply to the association members. Fringe benefit stamps shall not be sold to any employer failing to comply with this article. Article 40 project labor agreements the union agrees to the terms of project labor agreements except for the economic relief contained in such agreements. Article 41 job targeting program the parties agree to the temis of the bac local 1 nys job targeting program as modified, to state that the awards shall be paid quarterly and bac local 1 agrees it will apply to all bctc plas requiring a wage/benefit reduction. Article 42 equal opportunity the employer and union mutually agree that each will comply and cooperate with all federal, state and local laws and regulations which require equal employment opportunities. Equal employment opportunity, as defined by e. O. 50, 3(i), as amended, 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, promotion, upgrading, demotion, downgrading, transfer, lay-off and termination, and all other terms and conditions of employment. No employment applicant shall be discriminated against because of the applicants union membership, or lack thereof. Article 43 paid sick leave employer acknowledges, understands, and will be abiding by its obligations under ny labor law section 196-b. Union and employer, being a part of the construction industry, expressly waive application of the new york city paid safe and sick leave law, enacted under title 20 chapter 8 of the new york city administrative¬† code, and in accordance with new york city administrative code 20-916 (b). Dated: new york, new york july 1, 2021 bac local no. 1 by: jack argila, president the contracting stonesetters association, inc. By: mohamed elkordy, president 26 27