Contractors' Association of Greater New York, Inc.

TRADE AGREEMENT

between

DISTRICT COUNCIL NO. 9,

INTERNATIONAL UNION

OF PAINTERS and ALLIED TRADES,

A.F.L. – C.I.O.

and the

ASSOCIATION OF MASTER PAINTERS

and

DECORATORS OF NEW YORK, INC.

and

THE ASSOCIATION OF WALL, CEILING, & CARPENTRY

INDUSTRIES OF NEW YORK, INC .

and

THE DRYWALL TAPING CONTRACTORS’ ASSOCIATION OF

GREATER NEW YORK

and

THE WINDOW AND PLATE GLASS DEALERS ASSOCIATION

May 1, 2024 through April 30, 2028

Table of Contents

Page

JURISDICTION, RECOGNITION & SCOPE OF WORK 1

Maintenance Work 2

Maintenance Rates 2

Building and Construction Industry 2

TERRITORIAL JURISDICTION 3

OBLIGATIONS OF THE PARTIES 3

Supremacy Clause 3

Non-Discrimination 3

Whistleblower Protection 5

Union Member Non-Compete 5

HIRING PROCEDURES 5

Five Hundred Hour Rule 6

Owner/Member Rule 6

WAGES- JOURNEYPERSONS 6

Affordable Housing Projects 8

Universal Market Recovery 8

Building Owner/Manager Utilizing Association Member 9

Wages– Drywall Finishing Rates 9

Allocation of Economic Package 10

New York City Earned Sick and Safe Time Act Waiver 10

Wallcovering 10

Layoffs 11

Foremen 11

COST OF LIVING ADJUSTMENT 12

WORKING CONDITIONS 13

Standard Work Week 13

OVERTIME AND OVERTIME PERMITS 13

Holidays 14

Overtime Violations 14

ASSOCIATION -UNION COMMUNICATION 14

OUT OF JURISDICTION WORK 14

JURISDICTIONAL WORK RULES 14

Out of Jurisdiction Work 14

APPRENTICE REGULATIONS 15

Wages – Apprentices 15

Wallcoverer Apprentice Bills 18

Apprentice Ratio 18

PAYMENT OF WAGES 19

JOB STEWARDS 20

Removal of Job Stewards 20

48-Hour Hearings 20

Use of Non-Union Employees 20

Non-Payment or Shortage of Wages or Fringe Benefits 20

SHOP STEWARDS 21

Annual Payroll 21

Removal of Shop Stewards 22

Duties 22

Shop Steward Reports 22

TIME FOR STEWARDS’ DUTIES 22

STEWARDS’ COMMITTEE 23

JOB REGISTRATION 23

UNION REPRESENTATIVES 24

GRIEVANCES AND DISPUTES (EMPLOYEES) 24

JOINT TRADE COMMITTEE AND JOINT TRADE BOARD 24

Joint Trade Committee 24

Joint Trade Board 25

Procedures 26

RULES AND REGULATIONS 26

Arbitration Hearings 27

Hearing Procedures 27

Awards 28

Fines and Penalties 29

Schedule of Fines 29

Deadlock or Failure of the Joint Trade Board to Render a Decision 32

STRIKES AND LOCKOUTS 32

SUBCONTRACTS 33

USE OF SPRAY AND PASTE MACHINES 35

HEALTH AND SAFETY: GENERAL PROVISIONS 35

Protective Equipment 33

Security and Drug/Alcohol Tests 36

HEALTH AND SAFETY RULES 36

Uniforms 37

Injuries 37

Scaffolds 37

OSHA Training 37

INSURANCE 38

FRINGE BENEFIT CONTRIBUTIONS 38

Electronic Voucher System 39

Remittance Reports 40

Shop Steward Reports 40

Violations 41

IUPAT Pension Fund 41

Finishing Trades Institute of New York and IUPAT Finishing Trades Institute 42

Painting Industry Insurance Fund 43

Painting Industry Annuity Fund 44

Labor Management Cooperative Initiative 44

District Council No. 9 Political Action Together– Political Committee 45

Check -Off of Administrative Dues 45

Industry Promotion Funds 46

DC 9 Scholarship Fund 47

ENFORCEMENT OF ARTICLE XX 49

Payments 49

Penalties 51

BONDS, DAMAGES, FEES AND INTEREST 51

Trust Fund Hearing 53

CONDITIONS 54

fol/

Most Favored Nations Clause 54

JURISDICTIONAL DISPUTES 54

NATIONAL LABOR RELATIONS ACT 55

SAVINGS CLAUSE 55

WALLCOVERERS’ PRICE LIST AND GENERAL REGULATIONS 55

Wages and Benefits/Divisor 56

General Wallcoverer Regulations 57

Daily Timesheets 57

Foremen 59

Wallcoverers’ Price List 61

Quantity Discounts 64

Paste Machine 65

National Pension and Fringes 65

Paperhanger Hourly Rate 66

DURATION OF AGREEMENT 67

SIGNATURE PAGE 67

INDEX 70

AGREEMENT, hereinafter designated as the Trade Agreement, dated this first day of

May, 2024, by and between the Association of Master Painters and Decorators of New York,

Inc.; The Association of Wall, Ceiling, & Carpentry Industries of New York, Inc.; the Drywall

Taping Contractors’ Association of Greater New York (in those counties and/or areas within the

jurisdiction of the Union and not in the jurisdiction of any other union); and the Window and

Plate Glass Dealers Association (for purposes of participation in the Benefit Funds only) (herein

jointly referred to as the “Association(s)”), and District Council No. 9, International Union of

Painters and Allied Trades (“I.U.P.A.T”), AFL-CIO (hereinafter designated as “the Union”).

WHEREAS, the Parties hereto desire to establish wages and other terms and conditions

of employment upon which Joumeypersons and apprentices shall work for members of the

Associations (it being agreed that the word “JOURNEYPERSON” shall mean all employees

described by the IUPAT General Constitution Section 6 (issued January 1, 2015) or one who has

completed one of the approved apprenticeship programs provided for herein).

NOW THEREFORE, the Parties hereto agree as follows:

JURISDICTION, RECOGNITION & SCOPE OF WORK

Art. I. Sec. 1. – The Associations, and all their members and all other Employers who hereafter

become signatories to this Trade Agreement, recognize, acknowledge, and agree that the Union

is the exclusive representative for the purpose of collective bargaining within the meaning of

Section 9(a) of the National Labor Relations Act and that the Union has demanded recognition as

such and has demonstrated through the use of authorization cards executed by a majority of the

Association members’ bargaining unit employees that it possesses the support of a majority of all

employees of the Associations’ members wherever such employees may be employed, in the

following classifications of work: all work described by the INTERNATIONAL UNION OF

PAINTERS AND ALLIED TRADES General Constitution section 6, issued January 1, 2020.

The Union recognizes that the Associations, because of their size and the nature of their

membership in the painting and related industries of New York City, Westchester, Putnam,

Nassau and Suffolk Counties, is the principal bargaining representative for all Employers

working in the industries with whom the Union negotiates collective bargaining agreements, and

any extensions or renewals thereof.

The Union shall give principal recognition to any successor association to the Association during

the life of this Trade Agreement which (i) may be established; (ii) is affiliated with a national

association whose members employ union employees only; and (iii) represents Employers in the

same industries for which the Union negotiates collective bargaining agreements for work

performed in the territorial jurisdiction defined in Art. I, Section 5, of this Agreement and any

additional area the Union may be awarded by the I.U.P.A.T. General Executive Board.

Art. I. Sec. 2. – This Trade Agreement shall apply to all work involved in or related to the

Painting and Protective Coatings Industry, which includes all finishes, drywall finishing, skim

coating, prepping, application of wall coverings, including fabric panels, decorative work,

finishing and refinishing of all materials including and not limited to all wood products,

plastering preparatory to painting, Forbo corking, and all coating, staining and finishing of floors

and toppings and all other work referred to in Section 6 the I.U.P.A.T. General Constitution

issued January 1, 2015, or which the General Executive Board of the I.U.P.A.T. puts into the

work jurisdiction of the Union. This Trade Agreement will also include all work related to

rigging, fireproofing, fire retarding, including but not limited to all intumescent paints, thermal

coatings, surface preparation and clean-up of any kind as well as lead abatement and glazing.

This Trade Agreement shall be specifically applicable to the application of photoluminescent or

other illuminated material, including but not limited to, those materials installed for the purpose

of establishing exit path markings and exit signs.

Art. I. Sec. 3. – Intentionally left blank.

Art. I. Sec. 4. – The Union agrees for the life of this Trade Agreement not to sign any

agreements (through Local Union No. 1456 or otherwise) for direct hire of its members, unless

there is no other way to protect its labor standards. Before agreeing to such a request, the Union

agrees to refer any request of this type to the Joint Trade Board. The purpose of this referral is to

allow an Association Employer the timely opportunity to bid and perform the work required by

the user with Union members.

The Union will not sign an agreement directly with any employer until after this review process

by the Joint Trade Board. The review process must be timely instituted within 24 hours to allow

the Union to maintain its established standards. This provision does not pertain to traditional

maintenance agreements or to direct hire contracts signed prior to this Trade Agreement where

the Union retains the sole right to make the final determination. When the Joint Trade Board

does agree to permit a maintenance agreement, the terms and conditions of that agreement must

be provided to the Association. The Union also shall provide the Association with access to all

existing maintenance agreements, whether signed by the Union or an Employer.

All maintenance work, whether performed by an Employer or through a direct hire contract with

the Union (through Local 1456 or otherwise), shall be performed at a rate of eighty percent

(80%) of the joumeyperson package with a fifty-two (52) week guarantee and employees can

work in multiple buildings where such buildings have the same owner or managing agent

assuming the Employer provides a list of such buildings to the Union as soon as is practicable. :

The Association Employer shall have the right to reject any applicant for employment; provided,

that on any job organized solely by District Council No. 9, 50% of the employees on that job

shall be supplied by District Council No. 9.

Art. I. Sec. 4(A). – All work performed by DC-9 joumeypersons and apprentices and members

of Local 1456 pursuant to this Agreement, including but not limited to painting, decorating and

other finishing work on construction sites, and existing structures including repair, renovation,

alteration and maintenance work constitutes the provision of labor whereby materials and

constituent parts are combined on the building site to form, make, paint, or build a structure, and

thus is within the building and construction industry within the meaning of 29 U.S.C. § 158(f) in

accordance with the standard set forth by the National Labor Relations Board in Carpet,

Linoleum and Soft Tile Local Union No. 1247, 156 N.L.R.B. 951, 959 (1966), and Section

4203(b) of ERISA.

TERRITORIAL JURISDICTION

Art. I. Sec. 5. – The territorial jurisdiction of this Trade Agreement shall include all areas in the

New York Greater Metropolitan Region (Brooklyn, Queens, Bronx, Manhattan, Staten Island,

Nassau, Suffolk, Westchester and Putnam counties), and all such areas authorized by the

LU.P.A.T. General Executive Board.

OBLIGATIONS OF THE PARTIES

Art. I. Sec. 5(a). – Mutual Good Faith. The Association obligates itself and all its members and

the Union obligates itself and all its members that they and each of them will, in good faith, live

up to and conform with all the provisions of this Trade Agreement, and to all rules, regulations,

requirements, and all procedures promulgated under and pursuant to the terms of this Trade

Agreement; provided, however, that the Association shall not be obligated to take any action to

require compliance with the terms of the Trade Agreement on the part of any person or firm

which has been expelled from or has resigned from the Association, except as a prerequisite for

the reinstatement of such member. If any Association Employer is expelled or resigns from the

Association for any reason, the Employer will, without further negotiation, cease being bound to

this Association Trade Agreement and will instead be bound to the Independent Trade

Agreement. Each Association will be responsible for securing each of their members’ agreement

to this effect either through a written acknowledgment or through amendment to the

Association’s application. Each Association shall provide copies of such acknowledgment to the

Union.

Art. I. Sec. 5(b). – Past Performance Clause. Except as otherwise provided in this Trade

Agreement, the Associations and their members agree that all conditions of employment relating

to wages, hours of work, overtime differentials, and general working conditions shall be

maintained at no less than the highest standards in effect at the time of the signing of this Trade

Agreement, and the conditions of employment shall be improved wherever specific provisions

for improvement are made elsewhere in this Trade Agreement.

Art. I. Sec. 5(c). – Just Cause Clause. Although work in this industry is on a job to-job basis, no

employee may be discharged or laid-off by any Association Employer except for just cause. All

grievances arising under this section shall be referred to the Joint Trade Committee as provided

in Art. XIII, Section 1.

Art. I. Sec. 5(d). – Supremacy Clause. The Associations and their members agree not to enter

into any agreement or contract with their employees, covered under this Trade Agreement,

individually or collectively, which in any way conflicts with the terms and provisions of this

Trade Agreement. Any such agreement shall be null and void.

Art. I. Sec. 5(e). – Non-Discrimination. Neither party to this Trade Agreement shall

discriminate against any employee with respect to employment by reason of union membership

or race, religion/creed, color, sex, gender (including gender identity and sexual harassment),

pregnancy, age, national origin, disability, sexual orientation, immigration, or citizenship status,

credit history, salary history, predisposing genetic characteristics, arrest or conviction record,

military status, unemployment status, caregiver status, marital status, partnership status, or status

as a victim of domestic violence, stalking and sex offenses, or any other characteristics protected

by federal, state or local law. As applicable and appropriate, covered Association Employers will

comply with the federal Family and Medical Leave Act.

Art. I. Sec. 5(f). – Union Security. All present employees who are members of the Union on the

effective date of this Trade Agreement or on the date of execution of this Trade Agreement,

whichever is later, shall remain members of the Union in good standing as a condition of

employment. All present employees who are not members of the Union and all employees who

are hired hereafter shall become and remain members in good standing of the Union as a

condition of employment on and after the eighth day following the beginning of their

employment, or on and after the eighth day following the effective date of this Trade Agreement

or on or after the eighth day following the date of execution of this Trade Agreement, whichever

is later. No provision of this Article shall apply in any state to the extent that it may be

prohibited by state law. If under applicable state law additional requirements must be met before

any such provision may become effective, such additional requirements shall be first met.

Art. I. Sec. 5(g). – If any provision of this Article is invalid under the law of any state wherein

this Trade Agreement is executed, such provision shall be modified to comply with the

requirements of state law or shall be renegotiated for the purpose of adequate replacement. If

such negotiations shall not result in mutually satisfactory agreement, either party shall be

permitted all legal or economic recourse.

Art. I. Sec. 5(h). – In those instances, in which Article I, Section 5(f) may not be validly applied,

the Association Employer agrees to recommend to all employees that they become members of

the Union and maintain such membership during the life of this Trade Agreement, to refer new

employees to the Union representative and to recommend to delinquent members that they pay

their dues since they are receiving the benefits of this Trade Agreement.

Art. I. Sec. 5(i). – The Associations shall sign this Trade Agreement on behalf of their members.

Art. I. Sec. 5(j). – The Joint Trade Board (and not the Joint Trade Committee) shall have full

authority to modify the terms of this Trade Agreement, and to pinpoint, maintain, and/or

organize work covered under this Trade Agreement for the life of this Trade Agreement, with

respect to market recovery and other relief work, organizing work, repaint recovery, and

maintenance of work. The Union and the Associations agree to enter into a separate collective

bargaining agreement, the jurisdiction of which will encompass the recovery of work historically

performed by non-union contractors and maintenance of work.

Employers wishing to take advantage of the provisions of market recovery and other relief

provisions shall make application to the Joint Trade Board, which shall generally approve such

applications and shall not unreasonably withhold its approval. The Joint Trade Board, however,

may withhold approval where it finds there is a reasonable basis to believe that the application of

this provision will not materially advance the interests of the industry (e.g., where another

discount has already been provided). If other trades on the job have agreed to a concession,

the Joint Trade Board will take that into consideration upon an application for relief under

this Agreement. If the Joint Trade Board deadlocks on whether to grant approval, the Employer

may request that the Joint Trade Board submit the request to arbitration. Upon receipt of such

request, the Joint Trade Board shall promptly submit such grievance or dispute to arbitration

pursuant to the Labor Arbitration Rules of the American Arbitration Association (“AAA”). The

decision of the AAA arbitrator shall be final and binding.

Art. I. Sec. 5(k). – The Union and the Association recognize that the use of non-union labor

threatens our industry and that it is in their mutual interest to identify those situations in which

the Trade Agreement is being violated in this manner. Thus, consistent with the requirements of

Art. IX, Section l(C)(d), the Parties agree that THERE SHALL BE NO RETALIATION

AGAINST ANY EMPLOYEE WHO PROVIDES INFORMATION CONCERNING

POTENTIAL VIOLATIONS OF THIS TRADE AGREEMENT.

Art. I. Sec. 6. – All Parties agree that if a Building and Construction Trades Council negotiates a

Project Labor Agreement for work also covered by this Agreement, the Project Labor Agreement

shall supersede this Agreement in any instance of a conflict between the two. The Union agrees

to promptly provide the Association all signed public and private Project Labor Agreements

negotiated by the Building and Construction Trades Council affecting or potentially affecting

work covered by this Agreement.

Art. I. Sec. 7. – Each Association Employer shall provide to the union a completed District

Council No. 9 Application and Disclosure Form and, as appropriate, individual, partnership or

corporate verification.

Art. I. Sec. 8(a). – Members of the Union may not compete against Employers as non-signatory

contractors or otherwise while directly or indirectly collecting benefits under the terms of this

Agreement.

Art. I. Sec. 8(b). – Members of the Union are prohibited from creating a non-union painting

and/or wallcovering company.

HIRING PROCEDURES

Art. II. Sec. 1. – The Employer shall be free to seek referrals of applicants for employment as

Joumeypersons from the Union or from any source. However, no Employer shall seek to hire

through an employment agency.

Art. II. Sec. 2. – Both the Employer and the Union shall refer Apprentices for employment in

accordance with the New York State Department of Labor rules. The Employers shall hire

Apprentices only through the Union.

Art. II. Sec. 3. – Any Employer hiring a Joumeyperson who is not a member of DC 9 shall first

report, in writing, the name, address and social security number of each employee to the Union

prior to the commencement of employment and the non-union Joumeyperson shall, before

commencing work, register with the Union. Apprentices shall be hired and transferred in

accordance with this Agreement and as defined in the apprenticeship curriculum. No current

member of the Union will be required to work on any Organizing Work, Market Recovery, or

Maintenance of Work. However, a current member of the Union may work on these jobs if

he/she agrees to be referred to this work by the hiring Employer or the Union.

When working within the jurisdiction of this Agreement, the hiring Employer shall report the

hiring of a non-union joumeyperson to the Union prior to the commencement of employment.

As an additional condition of hiring a worker from outside the Union, the hiring Employer shall

guarantee said worker their first five hundred (500) hours of continuous employment as a

Bargaining Unit Member.

Art. II. Sec. 4. – Any JOURNEYPERSON who is also an owner of a Signatory Employer shall

guarantee and provide contributions to all Article XX fringe benefit funds for him or herself in

an amount of at least 52 weeks per year and 35 hours per week for the duration of this Trade

Agreement (provided that the rate of contributions shall be the full-scale rate and not the

maintenance, market recovery, other relief or any other reduced rate). An “owner” shall be

defined as an individual with any ownership interest or in actual control of the Signatory

Employer. The payment of any Article XX contributions on behalf of such owner shall be

conclusive proof that the owner is a JOURNEYPERSON covered under this Trade Agreement

and will subject the Signatory Employer to liability hereunder for such owner.

WAGES

Art. III. Sec. 1. – The Employers agree that it is in the interest of all to utilize the prevailing rate.

The prevailing wage rates for JOURNEYPERSONS covered under this Trade Agreement, but

not wallcoverers or glaziers (refer to wallcoverers addendum and glaziers agreement), shall be as

follows:

2024-2025 $2.74 Increase of 3.25%

2025-2026 $2.62 Increase of 3%

2026-2027

2027-2028

$2.69 Increase of 3%

$2.77 Increase of 3%

The Parties agree that the first year’s painter’s raise will be allocated as follows:

H.W. $0.50

OMA $0.16

JATF-DC-9 $0.25

Wage $1.00

Pension $0.83

Painters Spray,

Scaffold, Motorized

Manlifts, Decor &

Sandblast Rate

5/1/2024-4/30/20250

Base Rate Overtime Rate Doubletime Rate

Wages:* 47.00 70.50 94.00

H&W 13.12 13.12 13.12

Pension 12.24 12.24 12.24

Annuity 7.93 11.90 15.86

Vacation* 8.25 12.38 16.50

JATF-DC9 0.80 0.80 0.80

JATF-IUBAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

O/MA* 0.56 0.56 0.56

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 43.74 51.84 59.92

Total Taxable* 55.86 83.49 111.11

Dues Checkoff 2.51 3.76 5.02

1 Hr 46.25 55.60 64.94

Painters 5/1/2024-4/30/2025

Tub Refinishing Rate

80% Base Rate Overtime Rate Doubletime Rate

Wages:* 35.04 52.56 70.08

H&W 12.37 12.37 12.37

Pension 12.24 12.24 12.24

Annuity 4.31 6.47 8.62

Vacation* 4.22 6.33 8.44

JATF-DC9 0.80 0.80 0.80

JATF-IUBAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

O/MA* 0.50 0.50 0.50

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 35.28 39.55 43.81

Total Taxable* 39.81 59.44 79.07

Dues Checkoff 1.79 2.68 3.58

1 Hr 37.07 42.23 47.39

Subsequent Painters Tub Refinishing wage and benefit package increases shall be:

May 1st 2025; $2.09 Increase of 3%

May 1st 2026: $2.16 Increase of 3%

May 1st 2027: $2.22 Increase of 3%

Subsequent increases will be allocated by the Union to wages and benefits in a timely manner

each year but no later than 30 days before the effective date of that year’s economic package

increase. The Union shall inform the Association of their recommendation to their members of

the allocation of subsequent increases, and notify the Association where the increases will be

allocated.

Art. III. Sec. 1(A). Affordable Housing Projects. – Notwithstanding any other provision of

this Agreement, the wage rates for journeypersons working on projects authorized pursuant to

real property tax law 485-x (“New York Affordable Housing Legislation”) may be consistent

with the wage rates permitted by the applicable New York Affordable Housing Legislation, even

if less than the journeyperson wage package otherwise set forth in this Agreement.

Art. III. Sec. 1(B). Universal Market Recovery.

(a) Employers will pay Universal Market Recovery Persons for all work performed on

projects covered by this Agreement at a rate of seventy-five percent (75%) of the full

journeyperson package, subject to the following requirements:

1. Each Employer may only employ one such Universal Market Recovery Person on

each job;

2. Each Employer may only employ one Universal Market Recovery Person per ten

joumeypersons in the shop; and

3. Each Employer must preregister with the Union any job that will utilize a

Universal Market Recovery Person.

(b) Employers may recruit any person to serve as a Universal Market Recovery Person.

(d) Accordingly, the minimum hourly wages for the Universal Market Recovery Rates

covered by this Agreement for May 1, 2024 to April 30, 2025 shall be as follows:

Painters —

Journeyperson

75% Universal Market

Recovery

Wages:*

5/1/2024-4/30/2025

Base Rate Overtime Rate Doubletime Rate

32.00 48.00 64.00

H&W

Pension

Annuity

Vacation*

JATF-DC9

12.37 12.37 12.37

12.24 12.24 12.24

3.65 5.48 7.30

3.55 5.33 7.10

0.80 0.80 0.80

JATF-IUBAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

0/MA* 0.50 0.50 0.50

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 33.95 37.56 41.15

Total Taxable* 36.10 53.88 71.65

Dues Checkoff 1.63 2.44 3.26

1 Hr 35.58 40.00 44.41

Subsequent Painters – Journeyperson 75% Universal Market Recovery wage and benefit

package increases shall be:

May 1st 2025; $1.96 Increase of 3%

May 1st 2026: $2.02 Increase of 3%

May 1st 2027: $2.08 Increase of 3%

Art. III. Sec. 2. – Where the building owner and/or building manager has put into the building

rules and regulations that it will utilize members of the Association of Master Painters or other

Signatory Employers, there shall be no overtime for shift work on projects where the total square

feet of the project is less than 50% of the building’s total square feet or there are no more than

three (3) trades working on the project or the project entails the alteration of retail locations

including, without limitation, bank branches and retail stores. On all such ‘’Interior

Construction” projects, the first shift shall start between 6 a.m. and 9 a.m., absent a change in

times in accordance with this Agreement. The second shift shall start after the end of the first

shift and the third shift shall start after the second shift, subject to different times necessitated by

the Contractor’s phasing plans on specific projects.

Art. III. Sec. 3. – Drywall Finishing (where applicable). The prevailing wages of Drywall Tapers

and Painters shall be as follows:

Painters Base Rate 5/1/2024-4/30/2025

Base Rate Overtime Rate Doubletime Rate

Wages:* 44.00 66.00 88.00

H&W 13.12 13.12 13.12

Pension 12.24 12.24 12.24

Annuity 7.93 11.90 15.86

Vacation* 8.25 12.38 16.50

JATF-DC9 0.80 0.80 0.80

JATF-IUBAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

O/MA* 0.56 0.56 0.56

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 43.74 51.84 59.92

Total Taxable*

Dues Checkoff

1 Hr

52.86

2.38

46.12

78.99

3.57

55.41

105.11

4.76

64.68

Subsequent Painters Base wage and benefit package increases shall be:

May 1st 2025; $2.62 Increase of 3%

May 1st 2026:

May 1st 2027:

$2.69 Increase of 3%

$2.77 Increase of 3%

Subsequent increases will be allocated by the Union to wages and benefits in a timely manner

each year, but no later than 30 days before the effective date of that year’s economic package

increase. The Union shall inform the Association of their recommendation to their members of

the allocation of subsequent increases, and notify the Association where the increases will be

allocated.

Art. III. Sec. 4. – The Union will allocate the economic package set forth in Art. Ill Sec. 1 to

wages and benefits in a timely manner for each year of the Agreement, but no later than 30 days

before the effective date of that year’s economic package increase. The Union shall inform the

Association of their recommendation to their members of the allocation of subsequent increases,

and notify the Association where the increases will be allocated.

Art. III. Sec. 5. – The Parties hereby expressly waive city and state legislation regarding paid

time off, including the New York City Earned Sick and Safe Time Act and any potential city,

state, and/or federal legislation to guarantee a certain vacation benefit to employees that exceeds

or is different from the benefit provided in this Agreement. Further, the Parties agree and

acknowledge that this Agreement provides benefits comparable to those provided by the New

York City Earned Sick and Safe Time Act. The Parties also agree and acknowledge that this

Agreement will provide benefits comparable to those provided by any new or potential city,

state, and/or federal vacation benefit legislation to employees covered by this Agreement. To the

extent any new or potential vacation benefit legislation does not permit the Parties to waive the

legislation’s provisions, the Parties agree to a limited reopener to discuss conforming this

Agreement to the legislation in a manner that is cost-neutral to the Employers. If any of the

waivers included in this paragraph are deemed ineffective or invalid (in whole or part) by a court

or other body, or the waivers are ineffective or invalid for any other reason, the Parties agree to

replace this paragraph with appropriate language to waive the provisions of the applicable

legislation.

Art. III. Sec. 6. – Wallcovering.

(a) Wages, fringe benefits and work rules applicable specifically to wallcoverers are contained in

the Wallcoverers’ Price List set forth in Article XXVII of this Trade Agreement.

(b) Wages for wallcovering shall be paid weekly directly to the Wallcoverers performing the

work and to no other person.

laws and all other benefits included in this Trade Agreement. /7

Art. III. Sec. 7. – Decorating. Any JOURNEYPERSON who performs the work of decorating

shall be paid as per Article III, Section 1. It is expressly understood that decorating work shall

consist of designing, ornaments, flowers and figures, stenciling, fresco painting, marbleizing,

graining, decorative stenciling, glazing, and the application of gold, silver, metal leafing,

encaustic finishes and graphics.

Art. III. Sec. 8. – Show Up Time. Employees who are not put to work after having been

instructed to come to work shall be paid for four (4) hours, except when they are not put to work

because of an act of God or other circumstances beyond their Employer’s control.

Art. III. Sec. 9. – Layoffs.

(a) JOURNEYPERSONS laid off shall be paid the full day’s wages if laid off during the day,

except when the lay-off is caused by weather conditions.

(b) JOURNEYPERSONS laid off shall be paid their wages one-half hour before quitting time,

and fringe benefits must follow within the next forty-eight (48) hours.

privileges shall be suspended for two weeks. Should the same individual be terminated for cause

for a second time within a twenty-four (24) month period, his or her referral hall privileges shall

be suspended for two months. Should the same individual be terminated for cause for a third

time within a twenty-four (24) month period, his or her referral privileges shall be suspended

indefinitely.

(d) A termination shall not be considered as “for cause” for purpose of this provision if the

person referred for employment has filed a grievance challenging the propriety of his or her

termination, unless and until the grievance is resolved in a manner that affirms the termination

for cause. For the purpose of this provision, a decision of the District Council Joint Trade Board

and/or an arbitrator shall be final and binding.

(e) The provisions in subsections (c) and (d) notwithstanding, a Termination Review Committee,

composed of the members of the District Council Joint Trade Board may, upon written request of

the applicant, vacate or reduce the period of suspension should the Committee determine,

following inquiry or investigation, in its sole and complete discretion, that equity requires such

action.

(f) A program shall be offered by the District Council Apprenticeship Program for advanced or

upgraded journeyperson training for all joumeypersons working under this Agreement.

Joumeypersons shall be required to take such courses.

(g) In cases where the terminations resulted strictly from lack of skills, the District Council Joint

Trade Board may require the member to attend journeyperson upgrade training classes.

Art. III. Sec. 10. – Foremen.

(a) For each day of work on which there are five (5) or more JOURNEYPERSONS on a job,

including the foreman, the foreman shall receive one (1) hour’s pay in addition to the regular

wages.

(b) All foremen shall be required to attend classroom instruction on O.S.H.A. rules and

regulations. The classroom instruction will be provided through the Union.

foregoing instructional requirement.

(d) For the purpose of this section, a foreman is a JOURNEYPERSON so designated by his/her

Employer who is paid eight (8) hours pay for a seven (7) hour day.

(e) All foremen shall be bargaining unit employees designated by the Employer and shall for all

purposes be agents solely of the Employer. No foreman shall be made nor shall be deemed to be

an agent of the Union.

COST OF LIVING ADJUSTMENT

Art. III. Sec. 11. – Cost of Living Increase. Shall include all JOURNEYPERSONS and

apprentices covered by this Trade Agreement.

Art. III. Sec. 11(A). – Effective Dates. Cost of Living wage adjustments shall be made effective

at 12 month anniversary date intervals from the effective date of this Agreement until the

expiration date of this Agreement.

Art. III. Sec. 11(B). – Basis for Adjustment. The amount of the cost-of-living adjustment shall

be determined and redetermined as provided in (C) below on the basis of the official New York

City Consumer Price Index for Urban Wage Earners and Clerical Workers (including single

workers) published by the Bureau of Labor Statistics, US Department of Labor (1967=100) and

referred to herein as the index.

Art. III. Sec. 11(C). – Amount of Allowance. The amount of the cost-of-living adjustment shall

be computed as follows: April 1, 2025, April 1, 2026, and April 1, 2027 the most recent and

available (i.e., March) index number shall be compared to the Index number 12 months prior and

that a percent change shall be applied to all wage rates on May 1, 2025, May 1, 2026, and May 1,

2027. The percent change shall be compared to the Index number 12 months prior and the

percent change computed minus 6.5% shall be applied to all wage rates on May 1, 2025, on all

wage rates in the Schedule A classification of Art. III. Sec. 1 and on May 1, 2026, the percent

change as arrived at by Index number 12 month prior minus 6.5% shall be applied to all wage

rates in the schedule A classification of Art. III. Sec. 1; and on May 1, 2027, the percent change

as arrived at by Index number 12 month prior minus 6.5% shall be applied to all wage rates in

the schedule A classification of Art. III. Sec. 1..

EXAMPLE: On July 1, 1975, the Bureau of Labor Statistics will publish their May index

number on or about June 20, 1975. This May index number for New York City will be compared

with the May index number for 1974 which was 152.5. Assuming that the index number of May,

1975 is 164.7. A percentage change is calculated by dividing the 164.7 by 152.5, which yields an

8.0 percent increase. According to the attached cost of living clause, Section. C above, 6.5%

would be deducted from this, and the 1.5% percentage increase remaining would apply to the

wage rate section of the agreement and increase the rate accordingly.

WORKING CONDITIONS

Art. IV. Sec. 1(A). – Standard Work Week. The regular time shall consist of thirty-five (35)

hours per week divided into five (5) work days (from Monday to Friday inclusive) of seven (7)

hours each. The start time each workday may be anytime from 6:00 a.m. to 9:00 a.m. with a

half-hour for lunch four hours after the start time. Start times must be registered prior to the

commencement of a job. Any job wishing to have a one (1) hour lunch period shall request

special permission from the Union before instituting this procedure.

Art. IV Sec. 1(B). – All bargaining unit members shall be permitted to take a fifteen minute rest

period between 9:00 a.m. – 10:00 a.m. for coffee time, which shall not be abused by any

bargaining unit member. The timing of the break shall be at the discretion of the Employer

provided the bargaining unit member does not leave the work site as long as coffee is available.

Art. IV Sec. 1(C). – In Nassau and Suffolk Counties, the morning break will be 15 minutes

between the hours of 9:00 a.m. to 10:00 a.m. The employees will be permitted to sit and have

coffee and a meal at their discretion not to exceed 15 minutes.

OVERTIME AND OVERTIME PERMITS

Art. IV Sec. 2(A). – All work outside of the standard work week as set forth in Art. IV. Sec.1(A),

shall be considered as overtime and paid for at the rate of time and one-half of the regular rate

for wages. Work on the eight (8) Holidays set forth in Art. IV Sec. 2(E) below shall be paid at

double time the regular rate for wages, annuity and vacation.

Employers are permitted to use straight-time for second shift work with prior permission of

Union which shall not be unreasonably withheld. With respect to fringe benefits for overtime

work, an Overtime voucher consisting of the components of a regular straight-time voucher plus

an additional half (*A) annuity payment and an additional half (*A) supplemental vacation

payment only shall be purchased. However, no overtime work shall be permitted without the

Union’s permission.

Art. IV. Sec. 2(B). – Subject to Article IV. Sec. 2(C), below, overtime permits shall be granted

for hours of work performed outside the Standard Work Week, and all work performed on

Holidays. The Association Employer shall obtain an overtime permit from the Union at least

forty-eight (48) hours in advance, whenever possible.

Art. IV. Sec. 2(C). – Where the building owner and/or building manager has put into the

building rules and regulations that it will only utilize members of the Association of Master

Painters or other Signatory Employers, there shall be no overtime for shift work on projects

where the total square feet of the project is less than 50% of the building’s total square feet or

there are no more than three (3) trades working on the project or the project entails the alteration

of retail locations including, without limitation, bank branches and retail stores. On all such

“Interior Construction” projects, the first shift shall start between 6 a.m. and 9 a.m., absent a

change in times in accordance with this Agreement. The second shift shall start after the end of

the first shift and the third shift shall start after the second shift, subject to different times

necessitated by the Contractor’s phasing plans on specific projects.

Art. IV. Sec. 2(D). – During the course of a year, all JOURNEYPERSONS in the shop shall be

given an equal share of all overtime work whenever possible, and the assignment of such work

shall be done in consultation with the Union.

Art. IV. Sec. 2(E). – All work performed on New Year’s Day, Memorial Day, President’s Day,

Independence Day, Labor Day, Thanksgiving Day, the Day after Thanksgiving and Christmas

Day, and all work performed on new construction and alteration work, outside regular hours,

shall be considered overtime work. Upon an Employer demonstrating special circumstances,

employees can work on Labor Day. If any of the holidays herein are designated by federal law

to be celebrated on a day other than that on which they regularly fall, then for the purpose of this

Trade Agreement the holiday shall be celebrated on the day set by said federal law with the same

force and effect as if the day on which the holiday is celebrated was actually the holiday date.

Any employee may individually elect to observe Martin Luther King, Jr. Day and shall be

allowed the day off without penalty or compensation. The Sunday preceding Labor Day of each

year shall be set aside as Memorial Sunday, in tribute to those brothers and sisters who have

passed away.

Art. IV. Sec. 2(F). – Overtime Violations. In the event the Joint Trade Committee shall find an

Employer in violation of the overtime provisions of this Trade Agreement, excluding the failure

to secure an overtime permit, it may authorize the Union to place fifty percent (50%) of the

overtime workers on the Employer’s job for the period of one (1) year. Further, during the six

(6) months following such violation, the Joint Trade Committee may require that the overtime

compensation due to the employees be paid in the form of a separate check payable to each

employee for the full overtime compensation which is paid directly to the employee.

ASSOCIATION – UNION COMMUNICATION

Art. V. Sec. 1. – When the Association notifies the Union of the presence on a job of a non-union

painting contractor working in the Trades, the Union shall respond to the Association within

forty-eight (48) hours of receipt of the notification; provided, that the Association’s notification

is in writing and includes the best available address of the job in question.

OUT OF JURISDICTION WORK

Art. VI. Sec. 1. – Out of Jurisdiction Work. The Contractor or the Employer party to this

Agreement, when engaged in work outside the geographical jurisdiction of the Union party to

this Agreement, shall employ not less than fifty percent (50%) of the workers employed on such

work from among the residents of the area where the work is performed, or from among persons

who are employed the greater percentage of their time in such area; any others shall be employed

only from the Employer’s home area. It is further provided that these employees must be

qualified to meet job requirements.

JURISDICTIONAL WORK RULES

Art. VI. Sec. 2. – Out of Jurisdiction Work. The Contractor or the Employer party to this

Agreement, when engaged in work outside the geographical jurisdiction of the Union party to

this Agreement, shall employ not less than fifty percent (50%) of the workers employed on such

work from the IUPAT District Council or Local Union of the area where the work is performed.

The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of

the Union party to this agreement, comply with all of the lawful clauses of the collective

bargaining agreement in effect in said other geographic jurisdiction and executed by the

employers of the industry and the affiliated Local Unions in that jurisdiction, including but not

limited to, the wages, hours, working conditions, fringe benefits, and procedure for settlement of

grievances set forth therein; provided however, that where no affiliated Union has a current

effective agreement covering such out-of-area work, the Employer shall perform such work in

accordance with this agreement; and provided further that as to employees employed by such

Employer from within the geographic jurisdiction of the Union party to this agreement and who

are brought into an outside jurisdiction, such employee shall be entitled to receive the wages and

conditions effective in either the home or outside jurisdiction whichever are more favorable to

such employees. In situations covered by the last provision fringe benefit contributions on behalf

of such employees shall be made solely to their home funds in accordance with their governing

documents, and the difference between the wages and benefit contributions required by the away

funds and the home funds, if any, shall be paid to the employees as additional wages. This

provision is enforceable by the District Council or Local Union in whose jurisdiction the work is

being performed, both through the procedure for settlement of grievances set forth in its

applicable collective bargaining agreement and through the courts, and is also enforceable by the

Union party to this agreement, both through the procedure for settlement of grievances set forth

in this agreement and through the courts.

Art. VI. Sec. 3. – Out of Town Expenses. On all out-of-town jobs, the JOURNEYPERSON shall

be provided with transportation by his/her Employer. Commuting time in excess of one (1) hour

shall be paid for at the regular wage rate, but shall not exceed eight (8) hours in every twentyfour (24) hour period. A JOURNEYPERSON who commutes out of town at night shall not be

paid for such commuting time, but sleeping accommodations and meals shall be provided. On

all work performed in (a) the five Counties of New York City; (b) Westchester and Putnam

Counties; and (c) Nassau and Suffolk Counties, fifty percent (50%) of all manpower up to 4

workers must come from the local unions in the respective area.

Art. VI. Sec. 4. – Employees required to remain out-of-town overnight or longer shall be paid

one (1) hour additional pay per day and an allowance of not less than $100.00 per day for room

and board, unless his/her Employer provides equivalent room and board acceptable to the

employee. The Employer must submit receipts for any reimbursements paid by check or cash.

Art. VI. Sec. 5. – Any Bargaining Unit member required by his/her Employer to use his/her own

automobiles for work outside the Union’s jurisdiction shall be reimbursed at the rate of not less

than the applicable IRS standard reimbursement per mile for expenses.

APPRENTICE REGULATIONS

Art. VII. Sec. 1. – The wage rates for all apprentices shall be based upon JOURNEYPERSON

wages provided in Articles III and XXVII, and shall be as follows:

Painters 1st Year 5/1/2024-4/30/2025

Apprentice

Base Rate Overtime Rate

Wages:* 17.60 26.40

Doubletime Rate

35.20

H&W 13.12 13.12 13.12

Pension 2.75 2.75 2.75

Annuity

Vacation* 2.30 3.45 4.60

JATF-DC9 0.80 0.80 0.80

JATF-IUPAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

O/MA* 0.27 0.27 0.27

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 20.08 21.23 22.38

Total Taxable* 20.22 30.17 40.12

Dues Checkoff 0.91 1.36 1.82

1 Hr 20.999 22.59 24.20

Subsequent increases will be allocated by the Union to wages and benefits in a timely manner

each year, but no later than 30 days before the effective date of that year’s economic package

increase. The Union shall inform the Association of their recommendation to their members of

the allocation of subsequent increases, and notify the Association where the increases will be

allocated.

Painters 2nd Year 5/1/2024-4/30/2025

Apprentice

Base Rate Overtime Rate Doubletime Rate

Wages:* 22.00 33.00 44.00

H&W 13.12 13.12 13.12

Pension 5.16 5.16 5.16

Annuity 1.65 2.48 3.30

Vacation* 3.61 5.42 7.22

JATF-DC9 0.80 0.80 0.80

JATF-IUPAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

O/MA* 0.27 0.27 0.27

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 25.45 28.09 30.71

Total Taxable* 25.93 38.74 51.54

Dues Checkoff 1.17 1.75 2.34

1 Hr 26.62 29.84 33.05

Subsequent increases will be allocated by the Union to wages and benefits in a timely manner

each year but no later than 30 days before the effective date of that year’s economic package

increase. The Union shall inform the Association of their recommendation to their members of

the allocation of subsequent increases, and notify the Association where the increases will be

allocated.

Painters 3rd Year 5/1/2024-4/30/2025

Apprentice

Base Rate Overtime Rate Doubletime Rate

Wages:* 26.40 39.60 52.80

H&W 13.12 13.12 13.12

Pension 6.36 6.36 6.36

Annuity 3.60 5.40 7.20

Vacation* 4.80 7.20 9.60

JATF-DC9 0.80 0.80 0.80

JATF-IUPAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

0/MA* 0.36 0.36 0.36

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 29.88 34.08 38.28

Total Taxable* 31.61 43.58 62.81

Dues Checkoff 1.42 2.13 2.84

1 Hr 31.30 36.21 41.12

Subsequent increases will be allocated by the Union to wages and benefits in a timely manner

each year, but no later than 30 days before the effective date of that year’s economic package

increase. The Union shall inform the Association of their recommendation to their members of

the allocation of subsequent increases, and notify the Association where the increases will be

allocated.

Painters 4th Year

Apprentice

5/1/2024-4/30/2025

Base Rate Overtime Rate Doubletime Rate

Wages:* 35.20 52.80 70.40

H&W 13.12 13.12 13.12

Pension 10.37 10.37 10.37

Annuity 6.06 9.09 12.12

Vacation* 6.77 10.16 13.54

JATF-DC9 0.80 0.80 0.80

JATF-IUPAT 0.10 0.10 0.10

LMCI 0.10 0.10 0.10

PAT* 0.05 0.05 0.05

O/MA* 0.38 0.38 0.38

Promo 0.57 0.57 0.57

DC 9 Scholarship 0.02 0.02 0.02

Total Benefit Package 38.34 44.76 51.17

Total Taxable* 42.40 63.39 84.37

Dues Checkoff

1 Hr

1.91

40.25

2.86

47.62

3.82

54.99

Subsequent increases will be allocated by the Union to wages and benefits in a timely manner

each year, but no later than 30 days before the effective date of that year’s economic package

increase. The Union shall inform the Association of their recommendation to their members of

the allocation of subsequent increases, and notify the Association where the increases will be

allocated.

Art. VIL Sec. 2. – All apprentices shall be indentured for a four (4) year apprenticeship. A year

shall be completed upon performance by the apprentice of 1500 hours of on the job training with

Signatory Employers and 144 hours of instruction conducted by the District Council No. 9 Joint

Apprenticeship and Training Fund. Upon completion of the apprentice program, such apprentice

shall be considered a full-fledged JOURNEYPERSON and shall receive full

JOURNEYPERSON wages, provided the apprentice complied with the rules of the Joint

Apprentice Committee, as defined in Article VII, Section 8.

Art. VII. Sec. 3. – Employers shall not require that an apprentice work when the apprentice is

required to attend Apprentice Training School unless the Employer has received permission in

advance from the Apprentice Training Coordinator.

Art. VII. Sec. 4. – All submitted bills covering wallcoverer apprentices shall state the

classification of apprenticeship and the number of hours worked. Bills must be submitted and

paid weekly.

Art. VII. Sec. 5. – Apprentice Ratio. For the term of this Trade Agreement, the ratio of

apprentices to JOURNEYPERSONS must be maintained at one (1) apprentice for every three (3)

JOURNEYPERSONS employed per shop.

Art. VII. Sec. 5(a) – The Parties acknowledge the importance of a successful apprenticeship

program for the future vitality of the industry. All Signatory Contractors acknowledge their

responsibility to employ apprentices and must make good faith efforts to do so. The Joint

Apprentice Committee will meet at regular intervals and as necessary to monitor and resolve

compliance issues. Employers shall provide evaluations of apprentices, using the alreadyapproved evaluation form, to the FTI Training Director.

Art. VII. Sec. 6. – Violations. Upon the failure of an Employer to comply with the terms of

Sections 4 and 5 above, the Joint Apprentice Committee, after due notice to the Employer, shall

designate the appropriate number of apprentices to be employed in the shop.

Art. VII. Sec. 7. – No apprentice receiving less than 60% of JOURNEYPERSON wages shall be

placed in a shop unless that shop already employs at least one apprentice receiving the 80% rate.

This rule may be waived when there are no apprentices available in the category of 80%. No

apprentice receiving less than 80% of the JOURNEYPERSON wages shall work by himself on a

job.

Art. VIL Sec. 8. – The Joint Apprentice Committee shall consist of six (6) members, three of

whom shall be designated by the Association of Master Painters & Decorators of New York, Inc.

and three shall be designated by the Union. One of the three designated by each party shall

include a representative of the wallcoverers craft and another representative will be from the dry

wall tapers craft. The Joint Apprentice Committee shall be responsible for the placement and

training of apprentices in the Trades as work is available, and in accordance with any rules

adopted by the Joint Apprentice Committee. The Joint Apprentice Committee shall meet

quarterly to evaluate new products and technologies.

Art. VII. Sec. 9. – The conditions of employment of apprentices shall be regulated by the Joint

Apprentice Committee, which shall also have the power to formulate regulations for a system of

required employment for apprentices including the supervision of apprentices, however, no

restrictions shall be placed on the type of work performed or the tools utilized by apprentices.

All apprentices shall be bound by the Agreement they sign and by all the rules and regulations of

the Joint Apprentice Committee.

Art. VII. Sec. 10. – The bargaining Parties direct the trustees of the Joint Apprentice Committee

to create a mentor program for apprentices.

Art. VIL Sec. 11. – The Parties agree to cooperate in adjusting the apprentice package to

comply with all applicable laws.

Art. VIL Sec. 12. – There shall be no restrictions on the performance of spraying work by

apprentices if the apprentices performing such work are under the supervision of a Journeyman.

Art. VIL Sec. 13. – Employers agree to take a more active role in the apprentice program with

the goal of improving the program.

PAYMENT OF WAGES

Art. VIII. Sec. 1. – Wages shall be paid on the job, during regular working hours. Payday shall

be on Thursday. Wages shall be paid by check or direct deposit. In the event that the payday

falls on a holiday, payment shall be made on the day before the holiday. If payment by check is

made on a Friday or on the day before a holiday, the employees shall be allowed one half hour

off to cash their checks. Work week ending must be on Tuesday. Association Employers who

have previously disbursed payroll checks without sufficient funds (one offense) shall be liable

for a 20% penalty, or in an amount determined by the Joint Trade Committee. The penalty shall

be paid to the employee in addition to the amount for which the check was written.

Art. VIII. Sec. 2. – JOURNEYPERSONS and apprentices not paid on the day provided in the

preceding Sec.l shall be paid two (2) hours pay in addition to the wages due them. If the

JOURNEYPERSONS and apprentices are not paid by the following Monday at 8:00 a.m., upon

notification from the Union to the Association Employer, no JOURNEYPERSON or apprentice

shall start work on that job until payment is made in full to all JOURNEYPERSONS and

apprentices. In addition to all other sums due them, the JOURNEYPERSONS and apprentices

shall not be paid less than a full day’s wages for that day.

Art. VIII. Sec. 3. – Not more than two day’s pay shall be held back.

Art. VIII. Sec. 4. – Wage Statements. At the time of payment of wages, the Association

Employer shall give to each Employee a statement in ink or indelible pencil showing the amount

of each and every deduction from the wages, including administrative dues check-off as provided

in Article XX, section 10. The statement shall also show the employee’s Social Security number

and signatory Association Employer’s name and employer identification number or state that it is

issued by a payroll company on the signatory Employer name’s behalf.

Art. VIII. Sec. 5. – Time sheets may be provided by the Association Employer. If provided,

time sheets shall be filled out by each JOURNEYPERSON and apprentice, upon request of the

Association Employer.

JOB STEWARDS

Art. IX. Sec. 1(A). – Job Stewards. On any job employing two (2) or more employees, the

Union shall select a Job Steward from among the employees working on the job. The selected

Job Steward must be a qualified Journeyman and be certified through the Union’s Steward’s

course and all employees are eligible to attend the course and become certified. The Union

commits to continuing to implement and improve an accessible and appropriate training process

to create more skilled Steward candidates. Once the Job Steward is selected, he shall remain on

the job as the second to last man on the job. All Employers outside the jurisdiction of this

District Council must have a Job Steward from the Union Hall, on each job. The qualifications of

steward are in the DC 9 By-Laws.

Art. IX. Sec. 1(B). – The Parties reaffirm their commitment that all stewards will solely be

working stewards. Unqualified or unproductive job stewards may be removed, subject to review

by the Joint Trade Committee, which shall convene a hearing within 24 hours.

Art. IX. Sec. 1(C).

(a) If the Union files a grievance in accordance with Article XIII of this Trade Agreement for (i)

the use of non-union employees on the job; or (ii) non-payment of wages or fringe benefit

vouchers or shortages thereof, the Joint Trade Committee shall conduct a hearing within forty¬

eight (48) hours. All work shall continue on said job pending the hearing. No postponements of

the hearing shall be granted under any circumstances. If the hearing does not take place within

48 hours because of management’s unavailability, the Union reserves the right to stop the job.

(b) If the Joint Trade Committee finds that an Employer has committed either of the violations

set forth in sub-section (a) above, the remedies shall be as follows:

(i) First violation for use of non-Union employee(s): the Union will appoint a

job steward from the Union Hall on all the Employer’s jobs employing

more than one (1) employee for a period of one year.

(ii) Second violation for use of non-Union employee(s): the Union will

appoint a job steward from the Union Hall on all of the Employer’s jobs

employing more than one (1) employee for the life of this Trade

Agreement.

(iii) First violation for non-payment or shortage of wages: the Union will

appoint a job steward from the Union Hall on all the Employer’s jobs

employing more than one (1) employee for a period of one year.

(iv) Second violation for non-payment or shortage of wages: the Union will

appoint a job steward from the Union Hall on all of the Employer’s jobs

employing more than one (1) employee for the life of this Trade

Agreement.

(v) First violation for non-payment of fringe benefit vouchers or shortages

thereof for all employees on the job: The Union will appoint a job steward

from the Union Hall for the duration of the job on which the violation was

committed.

(vi) Second violation for non-payment of fringe benefit vouchers or shortages

thereof for all employees on the job: The Union will appoint a job steward

from the Union Hall on all of the Employer’s jobs employing more than

one (1) employee for a period of one year.

(vii) In the event that a job steward has been removed from a job, the placed

job steward will be of the same status (e.g., journeyman, apprentice) as the

job steward being removed.

a job, the Union will notify the Employer in writing and demand that the employee be made

whole. The Employer will then have forty-eight (48) hours from verified receipt of the Union’s

written demand to make the employee whole. If the Employer fails to make the employee whole

within forty-eight (48) hours, the Union may remedy the violation in accordance with sub¬

sections (a) and (b) above.

(d) No Retaliation. There shall be no retaliation by the Employer against any employee who

reports to the Union any alleged violation of this Trade Agreement. The employee must report

the violation to the Union within fourteen (14) days of the date of the occurrence of the violation.

The Union must file a grievance on said violation in accordance with Article XIII of this Trade

Agreement within thirty (30) days of the date it receives the complaint from the employee. The

grievance and arbitration procedures of Article XIII of the Trade Agreement must be exhausted

before the employee may individually commence an action in any other forum to remedy any

alleged violation of this Trade Agreement.

SHOP STEWARDS

Art. IX. Sec. 2(A). – Shop Stewards. All new Employers who become Parties to this Agreement

shall have a shop steward appointed by the Union. In shops having the following annual payroll

or less, there shall be a Shop Steward who shall be placed solely by the Union:

As of January 1, 2024:

As of January 1, 2025:

$2,450,000.00

$2,550,000.00

As of January 1, 2026: $2,650,000.00

As of January 1, 2027: $2,750,000.00

The annual payroll amounts set forth above shall be based on the calendar year immediately

preceding each date set forth above. The annual payroll amounts shall be based on bargaining

unit employees only.

The Union shall appoint the Shop Steward from the shop, as long as there is an individual in the

shop with the proper qualifications. The selected Shop Steward must be a qualified Journeyman

and be certified through the Union’s Steward’s course and all employees are eligible to attend

the course and become certified. The Union hereby commits to continuing to implement and

improve an accessible and appropriate training process to create more skilled Shop Steward

candidates.

Art. IX. Sec. 2(B). – The Parties reaffirm their commitment that all stewards will solely be

working stewards. Unqualified or unproductive shop stewards may be removed, subject to

review by the Joint Trade Committee, which shall convene a hearing within 24 hours.

Art. IX. Sec. 2(C). – Duties of the Shop Steward shall be as follows:

(i) The duties of a Steward shall consist of examining the dues books, work cards, and

reviewing and reporting for voucher program compliance of the Joumeypersons and

Apprentices on the job and enforcing Union conditions and proper working conditions.

(ii) It is the responsibility of every Employer to submit weekly reports provided by the Union

and designated or called “Shop Steward Reports”. Failure to submit such reports will result

in a fine of five hundred dollars ($500) for each missing report.

Art. IX. Sec. 2(D). – If any Steward is paid and receives any money or other things of value over

and above his regular JOURNEYPERSONS wages for work actually performed in accordance

with the provisions of this Agreement, the Joint Trade Board shall impose appropriate penalties

upon both Employer and the Steward. All the JOURNEYPERSONS on the job shall receive the

same wages as the Steward has received during the period of his violation, and the Steward shall

be removed from the Steward List for a period of at least five (5) years.

TIME FOR STEWARDS’ DUTIES

Art. IX. Sec. 3(A). – A Steward shall perform a fair day’s work as a working

JOURNEYPERSON.

Art. IX. Sec. 3(B). – No Steward shall be discriminated against for the proper performance of

their duties. Said Steward shall be allowed for the performance of their Steward’s duties not less

than one hour per day, on jobs having five or more men.

STEWARDS’ COMMITTEE

Art. IX. Sec. 4. – There shall be a Stewards’ Committee composed of two representatives

appointed by the Associations and two representatives appointed by the Union.

Art. IX. Sec. 5. – The Stewards’ Committee shall hear Employer complaints against Stewards on

charges of misconduct or Union complaints of abuse of Steward’s rights and shall meet within

48 hours. The Steward may not be suspended pending the disposition of charges if such failure is

due to the absence of the Employer’s representatives. He may be so suspended, however, if the

Committee’s failure to meet is due to the absence of the Union’s representatives. A quorum of

the Committee shall consist of one representative from each side and its finding shall be decided

by unit vote.

Art. IX. Sec. 6. – Deadlock. In the event the Stewards’ Committee deadlocks or otherwise fails

to decide any complaint, either party may, within thirty days, refer the complaint to the Joint

Trade Board for final and binding decision, in accordance with the rules and regulations of the

Board.

Art. IX. Sec. 7. – The Parties agree to establish a joint labor-management committee, the purpose

of which is to identify violations of this Trade Agreement by, including but not limited to,

reviewing shop steward reports and remittance reports. The committee will meet on a regular

basis. The committee will hire one full-time staff person whose function will be, among other

responsibilities to be determined by the committee, to monitor shop steward reports and

remittance reports and report to the committee any potential violations of the Trade Agreement

for further action by the committee, and to make site visits as necessary to ascertain whether the

Trade Agreement is being violated.

JOB REGISTRATION

Art. X. Sec. 1. – Registration of Jobs.

(a) Every Association Employer must register with the Union prior to the commencement of

any unscheduled job, on a written, numerically ordered job registration form that shall be

provided by the Union. The completed registration form shall state the exact location and nature

of the job or operation. The Association Employer on a scheduled job or operation shall, within

twenty-four (24) hours after the commencement of the job or operation, file with the Union a

written statement of the exact location and nature of the job or operation, and shall not thereafter

be required to make any further report with respect to such job or operation within that calendar

year. In the event that any work on said job or operation is done by any other Employer, such

other Association Employer shall, within forty-eight (48) hours after commencement of the

work, file with the Union a written statement of the work to be performed by the other Employer.

All exterior work shall be reported each time, prior to starting the job. The number of

registrations filed must coincide with dates of the work performed.

(b) All job registrations from all areas under the jurisdiction of the Union must be sent by

electronic mail to iobregistration@dc9.net. or mailed by overnight express to the Union’s offices

at 45 West 14th Street, New York, NY 10011, prior to commencement of any job or operation

requiring registration. Such job registrations shall be shared within the Union on a need to know

basis, and will not be shared externally except to the Executive Director of the Association.

mailed by overnight express to the Union’s offices at 45 West 14th Street, New York, NY

10011, at least forty-eight (48) hours prior to the commencement of overtime, whenever

possible.

Failure to register all jobs on a timely basis will result in fines as established and amended by the

Joint Trade Committee.

(d) Scheduled buildings shall be registered when work commences and thereafter re¬

registered with the Union on January 1 of each year.

(e) Every Association Employer shall report the loss of any scheduled building to the Union

in writing within twenty-four (24) hours.

UNION REPRESENTATIVES

Art. XI. Sec. 1. – Any Union Representatives and/or Union employee may visit all jobs and

shops for the purpose of ascertaining compliance with the provisions of this Trade Agreement.

Association Employers will make their best efforts to gain access to buildings where they are

working for Union Representatives and/or Union employee to investigate compliance with the

provisions of this Trade Agreement.

GRIEVANCES AND DISPUTES

Art. XII. Sec. 1. – The Employee Grievance Procedure shall be as follows:

(a) Foreman Review. An employee’s grievance shall first be presented by his Steward to the

foreman. If no satisfaction is reached within twenty-four (24) hours, that matter shall be referred

to the Association Employer and the Union.

(b) Steward’s Review. The Steward shall review the grievances with the supervisor or any

other representative designated by the Association Employer. If a satisfactory settlement is not

reached within twenty-four (24) hours, the matter shall then be reduced to writing and referred to

the Joint Trade Committee for hearing and decision pursuant to Article XIII of this Trade

Agreement.

JOINT TRADE COMMITTEE & JOINT TRADE BOARD

Art. XIII. Sec. 1. – Joint Trade Committee.

The Joint Trade Committee is hereby created, for the Union and Employers covered by this

Trade Agreement. The Joint Trade Committee shall consist of not less than two (2) Association

representatives and two (2) Union representatives. The Association representatives shall be

appointed by the Association of Master Painters and Decorators of New York, Inc. which shall

select such representatives for the Joint Trade Committee except in cases where a drywall taping

contractor is a respondent in which case the Drywall Taping Contractors’ Association of Greater

New York shall appoint one of the Association members of the Joint Trade Committee.

Art. XIII. Sec. 2. – Joint Trade Board.

A Joint Trade Board is hereby created, which shall be comprised of the President of the

Association of Master Painters and Decorators of New York, Inc., and the Business Manager I

Secretary-Treasurer of the Union, or representatives respectively designated by each of them.

Art. XIII. Sec. 3. – Jurisdiction of the Joint Trade Committee and Joint Trade Board.

(a) The Joint Trade Committee and Joint Trade Board are empowered to hear and decide in

arbitration as hereinafter provided, all grievances and disputes which arise between the Parties as

to the interpretation or application of this Trade Agreement and to make such awards or assess

remedies, damages and penalties for violations of this Trade Agreement. The Joint Trade

Committee and Joint Trade Board shall have the authority to issue awards with respect to all

grievances and disputes in any manner which they deem reasonable. The Joint Trade Committee

and the Joint Trade Board shall have all powers necessary to remedy complaints brought before

them including, but not limited to (i) wages and contributions owed; (ii) liquidated damages; (iii)

interest on monies due; (iv) attorneys’ and auditors’ fees; and (v) the cost and expenses of

arbitration; (vi) failure to allow audits; (vii) alter ego/single employer issues; (viii)

subcontracting issues; and (ix) any fines and/or penalties imposed.

(b) All grievances or disputes against members of either party to this Trade Agreement, for

alleged violations of the same, which have not been adjudicated by the Joint Trade Committee

for any reason, shall be adjudicated by the Joint Trade Board.

signatory Employer, and any signatory or non-signatory alter-ego thereof, any and all delinquent

fringe benefit contributions plus interest, liquidated damages, auditors’ fees, attorneys’ fees and

cost owed by said Employer(s). The decisions, findings and awards of the Joint Trade Committee

shall be final and binding upon the signatory Employer and the Union, but not upon the Funds.

The Joint Trade Committee may enforce the decision, findings and awards or may refer their

award for fringe benefit contributions to the Funds for enforcement and collection. Enforcement

of any award issued by the Joint Trade Committee shall not be considered a waiver by the Funds

(or an election of remedies by the Funds) of the right to collect any fringe benefit contributions,

interest, liquidated damages or late charges, for any time period, owed by the signatory

Employer to the Funds and the Funds may pursue any and all collection efforts, including but not

limited to, the filing for a lawsuit in Court, in order to collect any fringe benefit contributions,

interest, liquidated damages or late charges owed by the signatory Employer, and any signatory

or non-signatory alter-ego thereof, to the Funds. The Joint Trade Board shall have access to all

appropriate benefit information to the extent permitted by state, federal, and local law.

Furthermore, the Joint Trade Board members may be required to sign nondisclosure agreements

in connection with access to such benefit information. The Joint Trade Committee or Joint Trade

Board, upon issuance of a finding of delinquency, may also issue an award requiring the

payment of the fines set forth in Article XIII, Section 11, Violation 9 and to order the remedies

set forth in Article IX.

(d) The Joint Trade Committee and the Joint Trade Board are also empowered to (i) issue

interpretive rules or other rules and regulations as they deem necessary to give full force and

effect to their decisions; (ii) conduct audits of Association Employers’ records; (iii) upon request

of both Parties, recommend amendments or changes to this Trade Agreement; and (iv) appoint

such persons or committees as may be necessary to aid in the performance of their duties.

(e) The Joint Trade Board shall address issues or disputes arising out of any market recovery,

organizing or other relief provisions in this Agreement or the Market Recovery and Other Relief

Provisions Agreement.

Art. XIII. Sec. 4. – Procedures.

(a) The Joint Trade Committee and Joint Trade Board may, when deemed necessary,

promulgate amendments and revisions to the rules and regulations set forth in this Article

governing their own conduct. The Parties to this Trade Agreement agree to be bound by any

such amendments and revisions.

(b) The Joint Trade Committee and Joint Trade Board shall meet at their discretion.

Association and the Union shall each have one (1) vote and these votes shall be equal regardless

of the number of representatives present and voting.

(d) The decisions, findings and award of the Joint Trade Committee and/or the Joint Trade

Board shall be final and binding upon the Association Employer and the Union, all members

thereof, and all interested Parties.

RULES AND REGULATIONS

Art. XIII. Sec 5.

(a) Filing of the Demand to Arbitrate a Grievance or Dispute.

(i) A demand to arbitrate a grievance or dispute shall be in writing and shall be filed by

mail or hand-delivered to the Joint Trade Committee by either the Union or the

Association. Demands also shall be filed by the Union to the Association and by the

Association to the Union. The demand shall state the name of the aggrieved party, and

the name of the party against whom the grievance or dispute is asserted. The party filing

the grievance or dispute shall thereafter be called the complainant. The party against

whom the grievance or dispute is asserted shall thereafter be called the respondent.

(ii) Each demand shall set forth only one alleged grievance or dispute in simple and

concise form, and shall set forth the basis of the grievance or dispute, with appropriate

reference to the Trade Agreement provisions at issue, to the extent known. The demand

shall also set forth the date of the particular incident and, if known, the name(s) of the

person and/or Association Employer(s) involved. The demand may also set forth the

remedy sought.

(iii) Every demand to arbitrate shall specify the name of the party serving the demand, or

of an officer or agent thereof if such party is an association or corporation, and shall state

that unless the party served applies to stay the arbitration within twenty (20) days after

such service or, in the case of Article IX grievances, 48 hours after such service, he/she

shall thereafter be precluded from objecting that a valid agreement was not made or has

not been complied with, and from asserting in court the bar of a limitation of time.

(b) Service of the Demand to Arbitrate a Grievance or Dispute and Setting of the Date of

Hearing.

(i) Simultaneously with the filing of the demand with the Joint Trade Committee, the

complainant will serve a copy of the demand upon the respondent. Within fourteen (14)

days of the filing of the demand, the Joint Trade Committee shall notify the complainant

and respondent of the date and time for the hearing of the grievance or dispute before the

Joint Trade Committee. Service upon the respondent of the complainant’s demand to

arbitrate, and service upon the complainant and respondent by the Joint Trade Committee

of the notice of the date of the hearing of the arbitration, shall be by certified mail and

return receipt requested, or overnight express mail. The mailing to an Association

Employer shall be made to the Association Employer’s address on file with the Union.

(ii) The date set for the hearing by the Joint Trade Committee shall not be less than

twenty (20) days, nor more forty-five (45) days, from the date the notice was mailed by

the Joint Trade Committee. The Joint Trade Committee may change these time periods at

its discretion.

Art. XIII. Sec. 6. – Respondent.

The respondent may submit to the Joint Trade Committee and to the complainant a response to

the complainant’s demand to arbitrate, provided that the response is received by the Joint Trade

Committee no less than three (3) days before the date of the hearing fixed in the notice.

Art. XIII. Sec. 7. – Arbitration Hearings.

(a) Representation of the Complainant and Respondent. The Union as a complainant or

respondent shall be represented at the hearing by an officer or representative of the Union

authorized by its Secretary-Treasurer to act in such capacity, or by the business representative of

the local union having jurisdiction over the geographical area where the incident giving rise to

the demand to arbitrate occurred. An Association Employer as a complainant or respondent, if a

corporation, shall be represented at the hearing by an officer thereof, or, if a sole proprietorship,

partnership or unincorporated business association, by a principal thereof. If a complainant or

respondent is a member of an Employer association recognized by the Union, it may also be

represented at the hearing by a duly authorized member of such association. A party has the

right to be represented at the hearing by legal counsel.

(b) Hearing procedures. The arbitration hearing shall be conducted by two (2) chairpersons

who shall be members of the Joint Trade Committee, one of whom shall be an Association

representative and the other a Union representative. The grievance or dispute, proof of due

service of same and any response thereto by the respondent will be presented at the inception of

the hearing. The complainant may present witnesses and other evidence in support of the

request, and the respondent may present witnesses in its defense. The respondent and

complainant will both have the right of cross-examination. The Joint Trade Committee shall be

the judge of the relevance and materiality of the evidence offered, and conformity to the state or

federal rules of evidence shall not be necessary. The Joint Trade Committee (and any

subsequent arbitrators, i.e. the JTB or AAA, pursuant to this Article) shall also consider any

alleged violations of the National Labor Relations Act and apply any statutory remedies, if any,

with respect to any violation of the National Labor Relations Act.

conducted in the manner considered appropriate by the chairpersons. The chairpersons shall have

the authority to vary the procedures as they deem necessary in order to insure that each party is

afforded a full and fair opportunity to present any and all material and relevant evidence.

(d) Corroborating Witness. Absent extraordinary circumstances, the Union must produce a

corroborating witness (i.e., an individual with firsthand knowledge of the violation) to the Joint

Trade Committee in order to meet its burden of proof at a hearing. There shall be no retaliation

against any member who provides witness testimony to the Joint Trade Committee.

(e) Minutes of Proceedings. Any party desiring a stenographic record shall make

arrangements directly with a stenographer and shall notify the other party and the Joint Trade

Committee at least three (3) days in advance of the scheduled hearing date. The requesting party

shall pay the cost of the transcript and a copy of same must be made available at no cost to the

Joint Trade Committee upon the conclusion of the hearing.

(f) Postponements. Except as provided in Article IX, Section 1(c) and (a), the Joint Trade

Committee may, for good cause shown, postpone any hearing upon the request of a party or upon

the Joint Trade Committee’s own initiative, and shall also grant such postponement when all of

the Parties agree.

(g) Hearings in the Absence of a Party. The hearing may proceed in the absence of a party or

representative who, after due notice, fails to appear or fails to obtain a postponement. A decision

and award of the Joint Trade Committee or Joint Trade Board shall not be made solely on the

default of a party. The Joint Trade Committee shall require the party who is present to submit

such evidence as may be required for the making of a decision.

(h) Interpretation and Application of Procedures, Rules and Regulations. The Joint Trade

Committee and Joint Trade Board shall interpret and apply the above procedures, rules and

regulations insofar as they relate to the power and duties of the Joint Trade Committee and the

Joint Trade Board, respectively. If an unresolvable difference arises between the Union and

Association representatives on the Joint Trade Committee concerning the meaning or application

of these procedures, rules and regulations, it shall be resolved and decided by the Joint Trade

Board.

Art. XIII. Sec. 8. – Awards.

(a) The Joint Trade Committee will, no later than thirty (30) days after the close of the

hearing, adjust or dispose of the grievance or dispute by rendering an award which may include

the imposition of fines and/or penalties, and any statutory remedies available under the National

Labor Relations Act or other applicable Laws and Rules. The fines or penalties which may be

imposed by the Joint Trade Committee are set forth in the schedule of standardized fines which

are made a part of this Article as Section 11. If a demand for arbitration seeks the recovery of

wages and/or benefits, the calculation of those wages and benefits shall be presented and

determined at the hearing and the total amounts owed shall be reflected in the award.

(b) In the event the Joint Trade Committee fails to render an award within the time provided

in the preceding sub-section (a) or a decision cannot be made due to deadlock of the Joint Trade

Committee, the Joint Trade Committee shall submit the grievance or dispute to the Joint Trade

Board, and the Joint Trade Board shall render an award. The failure of the members of the Joint

Trade Board to be present at the arbitration hearing before the Joint Trade Committee shall not

preclude the issuance of an award by the Joint Trade Board.

award of fines or penalties, shall be final and binding upon the complainant and respondent and

all interested parties (except as provided in Article XIII Sec. 3(c)), and judgment may be entered

upon the award in accordance with applicable law in any court having jurisdiction thereof.

Art. XIII. Sec. 9. – Fines and Penalties

(a) All fines and penalties awarded by the Joint Trade Committee and/or the Joint Trade

Board, less the reasonable administrative cost and expenses actually incurred, shall be used to

defray the costs of District Council No. 9’s enforcement of Joint Trade Committee awards, to

advance the industry, to sponsor educational programs for the members in good standing of the

Union and their children, to aid and assist in the establishment of programs to increase business

activity within the industry and develop and maintain maximum job opportunities for those

Union members.

(b) When a Joint Trade Committee or the Joint Trade Board finds that an Association

Employer is guilty of violating the Trade Agreement, the Joint Trade Committee or the Joint

Trade Board may, at its discretion, authorize the Union to designate up to fifty percent (50%) of

the JOURNEYPERSONS in the employ of such Association Employer for a period not

exceeding six (6) months, provided that, with respect to violations of Article IV, the remedies set

forth in Article IV, Section 2(F) shall be applicable.

Art. XIII. Sec. 10. – Protection of Complainants.

No Association Employer shall dismiss any JOURNEYPERSON for giving evidence at an

arbitration hearing. Such person giving evidence or testimony shall have the protection of the

Joint Trade Committee and Joint Trade Board.

Art. XIII. Sec. 11. – Schedule of Fines.

The schedule of fines which shall be in effect for the duration of this Trade Agreement, or until

such time as amended by the Joint Trade Board, will be not less than the following:

Violation 1; No Registration

1st Offense

$1000.00

2nd Offense

$1500.00

3rd Offense

$3000.00 within 12 months, plus the Joint Trade Committee has discretion to

implement 50% of the men on the job from the Union.

*The Parties agree that the Joint Trade Board has the discretion to hold in

abeyance a first offense violation under this section. However, should the same

Employer commit a second offense of the same violation, the penalty for any

violation held in abeyance will be due in addition to the penalty for the second

offense.

Violation 2; No registration and non-union men on the job

1st Offense

$3000.00 – no registration

$4000.00 – each non-union man

2nd Offense

$4000.00 – no registration, plus

$10000.00 for each non-union man, plus the Joint Trade Committee has

discretion to implement 50% of the men on the job from the Union.

Violation 3: No overtime permit.

1st Offense

$1000.00

2nd Offense

$2000.00

3rd Offense

$3000.00 within 12 months, plus the Joint Trade Committee has discretion to

implement 50% of the men on the job from the Union

*The Parties agree that the Joint Trade Board has the discretion to hold in

abeyance a first offense violation under this section. However, should the same

Employer commit a second offense of the same violation, the penalty for any

violation held in abeyance will be due in addition to the penalty for the second

offense.

Violation 4: No overtime permit with non-union man on the job.

1st Offense

$6000.00 – no permit

$3000.00 – each non-union man

2nd Offense

$10000.00 – no permit

$4000.00 – each non-union man

3rd Offense

$12000.00 within 12 months, plus $6000.00 for each nonunion man plus the

Joint Trade Committee has discretion to implement 50% of the men on the job

from the Union.

Violation 5: Discrimination against Job or Shop Steward or retaliation against “whistleblowers”

1st Offense

Wages and fringe benefits $2000.00 liquidated damages

Violation 6: Non-Union man

1st Offense

$4000.00 for each non-union man plus $2000.00 liquidated damages

2nd Offense

$10000.00 for each non-union man plus $3000.00 liquidated damages plus the

Joint Trade Committee has discretion to implement 50% of the men on the job

from the Union.

Violation 7: Subcontracting to non-union employer

1st Offense

Penalty contingent upon size and scope of project plus $6000.00 liquidated

damages.

Violation 8: Failure to submit Shop Steward Reports or Remittance Reports

1st Offense

$1000.00 each missing report.

Violation 9; Failure to pay wages and/or fringe benefits or payment in cash for wages and/or

fringe benefits

1st Offense

Any wages and fringe benefits owed plus liquidated damages in an amount

equal to the unpaid (or cash-paid) fringe benefits only, but no less than

$4,000.00.

Violation 10: Use of market recovery or other special rate joumeyperson(s) on non-market

recovery job(s) or other corresponding operation(s).

1st Offense

Three times the penalty of Violation 6 above and the Joint Trade Committee

has the right to suspend or terminate the use of market recovery for a period of

time to be determined by the Joint Trade Committee.

Violation 11: Failure to register and/or use of more than one Universal Market Recovery Person

on a job and/or use of more than one Universal Market Recovery Person per

ten journeypersons per shop.

1st Offense

Joint Trade Committee shall terminate the right to use any Universal Market

Recovery Person during the term of this Agreement, and Employer must

compensate all Universal Market Recovery Persons performing work on the

affected job at the then in-effect full journeyperson package.

Violation 12: Failure to pay wages and/or fringe benefits based on the appropriate workday

(e.g., an Employer assigns employees assigned to seven (7) hour workday on

80% jobs to jobs that require a minimum of eight (8) hour workday and fails

to pay eight (8) hour workday for that job).

1st Offense

Penalties for Violations 9 and 10 above, and wages and benefits for

preregistered seven (7) hour workday 80% job shall be paid based on eight (8)

hour workday to all employees covered by this Agreement for the entire

length of the job.

2nd Offense

Penalties for Violations 9 and 10 above, and Joint Trade Committee shall

terminate the right to use any joumeypersons based on a seven (7) hour

workday for 80% work during the term of this Agreement.

Applicable to all violations above:

In addition to the penalty listed above with respect to the violations set forth in Section 11

above, with the exception of violations 1 and 8 (addressed below), if a violation is found the

Joint Trade Committee and/or the Joint Trade Board shall direct the Union to appoint a job

steward from the Union Hall for the duration of the job. With respect to violations 1 and 8, in

addition to the penalty listed above with respect to the violations set forth in Section 11 above,

the Joint Trade Committee and/or the Joint Trade Board may direct the Union to appoint a job

steward from the Union Hall for the duration of the job.

Art. XIII. Sec. 12. – Deadlock or Failure of the Joint Trade Board to Render a Decision.

If the Joint Trade Board deadlocks or otherwise fails to render an award deciding any grievance

or dispute within fourteen (14) days of submission to it by the Joint Trade Committee, either

party may, within thirty (30) days of the expiration of said fourteen (14) day period, refer the

grievance or dispute to arbitration by filing a written request with the Joint Trade Board, with a

copy served upon the opposing party. Upon receipt of such request, the Joint Trade Board shall

promptly submit such grievance or dispute to arbitration pursuant to the Labor Arbitration Rules

of the American Arbitration Association (“AAA”). The decision of the AAA arbitrator shall be

final and binding.

STRIKES AND LOCKOUTS

Art. XIV. Sec. 1. – There shall be no strikes or lockouts in the shops or upon the work of any

Association Employer, nor shall the members of the Union collectively leave the job of an

Association Employer. The Union reserves its constitutional right not to work with non-union

joumeypersons. It is further agreed that before the Union removes any JOURNEYPERSON or

apprentice from a job site under this reserved right, the Union shall give notice as soon as

reasonably possible, but at least twenty-four (24) hours’ notice, to the Association Employer, and

the Joint Trade Board or the Joint Trade Committee. It is agreed that no support is to be given to

a union that has removed its joumeypersons in violation of any applicable no-strike clause.

Art. XIV. Sec. 2. – Any Association Employer who has been judged by the Joint Trade Board or

the Joint Trade Committee to be in violation of this Trade Agreement or guilty of any charge

brought against it before the Joint Trade Board or the Joint Trade Committee shall be outside the

protection of Art. XIV, Sec. 1, until such time as it is in compliance.

32 4/

Art. XIV. Sec. 3. – If an Association Employer fails to comply with a decision of the Joint Trade

Board or the Joint Trade Committee, the Union must order its JOURNEYPERSONS and

apprentices to cease work until that Association Employer is in compliance on any and all jobs.

Art. XIV. Sec. 4. – Employees covered by this Trade Agreement shall have the right to respect

any legal primary picket line validly established by any bona fide labor organization, and the

Union has the right to withdraw employees covered by this Trade Agreement whenever the

Association Employer is involved in a legitimate primary labor dispute with any bona fide labor

organization.

Art. XIV. Sec. 5. – For any foreman who receives a minimum of 48 weeks of pay from one

Association Employer, District Council No. 9 will, upon written request from that Association

Employer, make arrangements so that mandatory picketing by that foreman will not interfere

with his or her work schedule. The Association Employer must identify the foremen on its roster

at the time of its written request, which must be made during the month of January for that year.

In connection with this paragraph only, the Association Employer shall notify the Union in

writing if a foreman’s status changes.

Art. XIV. Sec. 6. Labor Peace Committee – In the interest of labor peace, and in recognition of

the relationship between the Association and the Union, the Union BMST, or his/her designee,

and the Association President, or his/her designee, and such other persons as they may mutually

designate (including representatives of any signatory Employer) shall convene on a quarterly

basis, or at the request of either President, to discuss any labor disputes, of which they are aware,

with Signatory Employers and any other such disputes affecting or potentially affecting a

Signatory Employer. Both parties shall use their best efforts to notify the other party of such

disputes in advance of engaging in economic or other self-help options. Any disputes regarding

the sufficiency of the notice contained in this paragraph shall be addressed solely at, and by, the

Labor Peace Committee, and without recourse to the grievance and arbitration provisions of this

Agreement, or in any other forum.

SUBCONTRACTS

Art. XV. Sec. 1. –

(a) To protect and preserve for the employees covered by this Trade Agreement all work

they have performed and all work covered by this Trade Agreement, and to prevent any device

or subterfuge to avoid the protection and preservation of such work, it is agreed that if any

Association Employer performs on-site construction work of the type covered by this Trade

Agreement, under its own name or the name of another, as a corporation, company, partnership,

or other business entity, including a joint venture or non-union painting and/or decorating

entities, wherein the Association Employer, through its officers, directors, partners, owners, or

stockholders, exercises directly or indirectly (through family members or otherwise),

management, control, or majority ownership, the terms and conditions of this Trade Agreement

shall be applicable to all such work and shall be responsible for the payment of the benefit

contributions when due to the Funds.

(b) Any signatory Employer who contracts work to a signatory sub-contractor or a non¬

signatory sub-contractor for a particular job, which work is covered under this Trade Agreement

shall be responsible for the sub-contractor’s delinquent contributions should the sub-contractor

fail to remit the benefit contributions when due to the Funds.

Art. XV. Sec. 2. – All charges of violations of Section 1 of this Article shall be considered as a

dispute and shall be processed in accordance with the provisions of this Trade Agreement on the

handling of grievances and the final and binding resolution of disputes as provided in Articles

XII and XIII, with the exception that collection of benefit contributions may alternately be

processed by the Funds and the Trustees may bring a lawsuit against the Employer to collect the

unpaid benefit contributions plus interest, liquidated damages and fees related thereto. As a

remedy for violations of this Article, the Joint Trade Committee, the Joint Trade Board, or AAA

Arbitrator shall, at the request of the Union, be able to require an Association Employer (i) to

pay to affected employees covered by this Trade Agreement, including registered applicants for

employment, the equivalent of wages those employees have lost because of the violations; and

(ii) to deposit into the affected Joint Trust Funds to which this Trade Agreement requires

contributions any delinquent contributions that resulted from the violations. The Joint Trade

Committee or Joint Trade Board or AAA Arbitrator shall also be able to provide any other

appropriate remedies, whether provided by law or this Trade Agreement. The Union shall

enforce a decision of the Joint Trade Committee, Joint Trade Board, or AAA Arbitrator under

this Article only through arbitral, judicial, or governmental (e.g., the National Labor Relations

Board) channels.

Art. XV. Sec. 3. – If an Association Employer violates this Article, and the Union and/or the

Trustees of one or more Joint Trust Funds to which this Trade Agreement requires contributions

institutes legal action to enforce an award by the Joint Trade Committee, Joint Trade Board or

AAA Arbitrator remedying such violation, or has to defend an action that seeks to vacate such

award, the Association Employer shall pay any accountants’ and/or attorneys’ fees incurred by

the Union and/or the Joint Trust Funds, plus the costs of the litigation that have resulted from

such legal action. This section shall not affect other remedies, whether provided by law or this

Article, that may be available to the Union and/or the Joint Trade Trust Funds.

Art. XV. Sec. 4. – JOURNEYPERSONS shall neither directly nor indirectly, whether through

their spouse or through any other subterfuge, contract to perform any of the Trades’ work

covered by this Trade Agreement.

Art. XV. Sec. 5. – Any Association Employer who shall perform work in a joint venture or

through a subsidiary or affiliated company shall be responsible and liable for the compliance

with the terms of this Trade Agreement by such joint venture or subsidiary or affiliated company

and for the remittance of the contributions by such joint venture or subsidiary or affiliated

company.

Art. XV. Sec. 6. – All Employers shall assign and perform all work within the craft jurisdiction

of the Union as defined in Art. I, by directing employment of employees in the usual and regular

manner and no Employer shall enter into any other arrangements to assign or perform said work.

Said prohibited arrangements, without limiting the generality thereof, shall include lumping or

agency agreements.

Art. XV. Sec. 7. – The Employer shall not subcontract work in the jurisdiction of District

Council No. 9 to any other Employer who does not have a current signed Collective Bargaining

Agreement with District Council No. 9.

USE OF THE SPRAY AND PASTE MACHINES

Art. XVI. Sec 1. – Association Employers shall have no restrictions placed upon the use of the

spray and paste machines.

HEALTH & SAFETY: GENERAL PROVISIONS

Art. XVII. Sec. 1. – In accordance with the requirements of the Occupational Safety and Health

Act of 1970, it shall be the exclusive responsibility of Association Employers to ensure the safety

of their employees and compliance by their employees with any safety rules contained in this

Trade Agreement or those established by the Association Employers. Nothing in this Trade

Agreement will make the Union liable to any employees or to any other persons in the event of

work-related disease, sickness, accident, injury or death. Association Employers will not engage

in any litigation against the Union, on a subrogation theory, contribution theory, or otherwise, so

as to obtain a money judgment from it in connection with any work-related disease, sickness,

accident, injury or death.

Art. XVII. Sec. 2. – Association Employers shall, at all times, provide safe tools, materials and

equipment and safe working conditions. If at any time, in the opinion of an employee, such

tools, materials, equipment or working conditions are unsafe and constitute a hazard to health or

physical safety, the employee shall have the right to refuse to work with such tools, materials and

equipment or under such hazardous conditions unless and until they are made safe. No employee

shall be dismissed, disciplined, or otherwise discriminated against, nor shall pay be withheld, for

refusal to work with such unsafe tools, materials, or equipment or under such unsafe or

hazardous working conditions.

Art. XVII. Sec. 3. – The Association Employers agree that, during the life of this Trade

Agreement, they will comply with all applicable federal and state laws concerning occupational

safety and health, including all applicable standards, rules and regulations issued pursuant

thereto.

Art. XVII. Sec. 4. – Association Employers shall provide, at no cost to the employees, all

necessary personal protective equipment and instructions on proper use of such equipment.

Association Employers shall provide for the proper maintenance and cleaning of all necessary

personal protective equipment. If, at any time, in the opinion of an employee, such personal

protective equipment is defective, has not been properly maintained, or is not the appropriate

personal protective equipment under the particular working conditions, the employee has the

right to refuse to work with such equipment. No employee shall be dismissed, disciplined, or

otherwise discriminated against, nor shall pay be withheld for refusal to work with such

defective, improperly maintained, or inappropriate personal protective equipment. The employee

shall immediately report to the Association Employer such defective, improperly maintained, or

inappropriate personal protective equipment.

Art. XVII. Sec. 5. – Except as clearly and specifically required by law or regulation, no

Association Employer shall require any employee to sign a form or statement dealing with health

and safety, hazards in the workplace, or instruction and training relating to hazards in the

workplace, unless that form or statement has been negotiated with and agreed upon by the

Union.

Art. XVII. Sec. 6. – Association Employers may require employees to attend all classes

concerning the Industry when offered by the Union.

Art. XVII. Sec. 7. – The bargaining Parties shall direct the Trustees of the Finishing Trades

Institute of New York to create an appropriate and legally permissible program to ensure that all

employees are physically fit to perform the necessary duties of the job.

Art. XVII. Sec. 8. – When a party with whom an Employer contracts requires security

background checks and/or drug tests and/or alcohol tests, employees may be subject to such

checks and/or tests. An employee shall cooperate with an Employer as necessary for obtaining

any such checks and/or tests. Any disciplinary action imposed from such checks and/or tests

shall only be for just cause. All such checks and/or tests shall be confidential, and may be

disclosed only to the Association and Union and as per normal business or legal requirements.

The Employer shall pay all cost of any such checks and/or tests.

Art. XVII. Sec. 9. – Anti-sexual harassment training shall be offered at the Training Center.

HEALTH & SAFETY RULES

Art. XVIII. – Health & Safety Rules.

Rule No. 1 – With respect to all potentially hazardous or toxic materials, the Material Safety

Data Sheets and all OSHA requirements shall be made available and all manufacturers’

precautions and OSHA mandates shall be strictly adhered to.

Rule No. 2 – Regulation & Elimination of Paint Materials Injurious to Health. It shall be unfair

and discriminatory to discharge a JOURNEYPERSON or apprentice for refusing to handle

materials which are determined by competent authority to be injurious to health. If the Joint

Trade Committee shall, after hearing, determine that such a violation has occurred, reinstatement

shall be ordered, where possible, with a view towards adequately compensating the

JOURNEYPERSON or apprentice for any damages sustained, and ensuring that the problem will

not reoccur.

Rule No. 3 – Adequate Washing Facilities. Where running hot or cold water is not available in

or about the clothes locker, a sufficient supply of hand cleaner shall be furnished to the

JOURNEYPERSONS and apprentices twice a day to provide adequate facilities for clean

washing. Five (5) minutes shall be allowed for washing up at noon, and at quitting time.

Rule No. 4 – Drinking Water. Fresh drinking water and sanitary cups shall be provided to all

JOURNEYPERSONS and apprentices twice a day during working hours.

Rule No. 5 – Drop Cloths. Drop cloths shall be maintained in a sanitary condition by the

Employer.

Rule No. 6 – Uniforms.

(a) The uniform purchased by all eligible members through the Union must be worn by such

members. The uniform shall be white overalls with blue-striped pants and white shirts with blue

collars and a white cap with the Union emblem. All work clothes shall be kept clean by the

JOURNEYPERSON and apprentices.

The failure of any such member to wear the uniform and picture I.D. of the Union may be

deemed just cause for dismissal. If a member comes to work without a uniform or I.D., the

Employer will warn the member not to return to work the following day or thereafter without a

uniform and I.D. If the Union discovers the member without a uniform or I.D., it will give

prompt notice to the Employer. If, after being warned, the member comes to work, and the

Employer permits him or her to work, without a uniform or I.D., the Employer may be fined

$500 and the member will be fined $100 by the Joint Trade Committee, said fines to be paid to

the JTC.

No such fines will be levied in situations where it is not appropriate for members to wear the

uniform. The Parties agree that it is always appropriate for Union members to carry their I.D.

(b) The Industry Promotional Fund(s) shall reimburse the Union for no more than $150,000 per

year for the life of this Trade Agreement, for the cost of providing uniforms for Joumeypersons

and apprentices.

Rule No. 7 – Injuries. Any injury, no matter how slight, must be reported immediately to the

Association Employer’s representative and the Union’s representative, and shall be immediately

taken care of by the employee’s physician, if required. On all jobs where there are five (5)

JOURNEYPERSONS and apprentices or more, a first aid kit shall be provided.

Rule No. 8 – Use of Elevators. On all buildings in which elevator service is provided for any

other trade, such service shall be made available to all Bargaining Unit members.

Rule No. 9 – Scaffolds. The scaffold work rate shall be paid for (i) interior and exterior swing

scaffold work, which shall include any work on an exterior job where a swing scaffold is used

during the performance of the job (whether or not the particular work is done from the scaffold,

on a fire escape, or otherwise); (ii) any interior portion of the work on a job where a swing

scaffold is required in the performance of that interior work; (iii) work done with window belts

or from boatswain chairs; and (iv) work performed twenty (20) feet or more from the floor or

ground, including such work when done from extension ladders, or from stationary or rolling

platforms, but not including such work when done from completely decked-over platforms. In

determining the height of the work, the highest point of work on the surface shall govern, and all

work on that surface shall be compensated at the rate so determined.

Rule No. 10 – Blood Testing. Whenever blood testing, urine analysis or any other form of

testing is a condition of employment on a job, all costs related to said testing shall be borne by

the Association Employer.

Rule No. 11 – OSHA Training. The Employer shall not permit any JOURNEYPERSON or

apprentice to work unless such JOURNEYPERSON or apprentice has completed the appropriate

OSHA training as per OSHA regulations, and will comply with any other statutorily required

training programs, such as, but not limited to, New York City Local Law 196. The Employer

shall have the burden of proving that the JOURNEYPERSON or apprentice satisfied this

requirement. The Union shall make every reasonable effort to provide timely OSHA, New York

City Local Law 196, and related training and subsequent certifications at the Training Center.

Rule No. 12 – Safety Training for Foremen. In addition to the training required in Rule No. 11,

all foremen must attend a minimum of eight (8) hours of safety training per calendar year.

INSURANCE

Art. XIX. Sec. 1. – Every Association Employer shall carry all insurance required under state

and/or federal laws and shall be required to keep a Certificate of Worker’s Compensation on file

with the Union.

FRINGE BENEFIT CONTRIBUTIONS

Art. XX. Sec. 1. – Notwithstanding any other provision of this Agreement, the Board of Trustees

of the Painting Industry Insurance Fund (the “Insurance Fund”) shall administer benefit

contributions paid by Employers who are signatories to this Trade Agreement (“Signatory

Employers”) for work performed within the jurisdiction of this Trade Agreement, pursuant to the

rules, regulations and procedures set forth in this Article. The Board of Trustees of the Insurance

Fund shall also administer benefit contributions paid by members of the Window and Plate Glass

Dealers Association and the Association of Wall, Ceiling and Carpentry Industries of New York,

Inc. for work performed on account of which contributions are required to be made to the Funds

set forth below, which members and contributions shall be subject to the rules, regulations and

procedures set forth in this Article (and Articles XXI and XXII). The bargaining Parties’ shall

recommend to the Trustees that all Trustees shall have access to proof of work and payroll

records.

Art. XX. Sec. 2. – Contribution Rates.

(a) All Signatory Employers shall make contributions as defined in this Trade Agreement, for

each hour worked, and for overtime hours (for which fringe contributions shall be made at the

rate of time and one-half), by their employees covered under this Trade Agreement, except

where contribution amounts are based upon the amount of gross wages paid to an employee. In

such a case, gross wages shall be defined as set forth in subsection (b) herein.

(b) “Gross Wages” and “Gross Wages Payable” as used in this Trade Agreement shall mean and

include whichever of the two definitions below may be greater:

(i) The actual total gross earnings of any JOURNEYPERSON or apprentice; or

(ii) A gross estimated wage figure, subject to readjustment as hereinafter provided, equivalent to

two (2) times the Signatory Employer’s cost of all materials used by it during the fiscal

accounting period, as finally computed and assessed at the close thereof. After review by the

auditors and trustees of the present industry wage costs, and upon their recommendation, the

above-stipulated formula may be adjusted.

Art. XX. Sec. 3. – Trust Administration.

(a) Contributions – Each Signatory Employer shall pay to the Insurance Fund under Agreements

and Declarations of Trust heretofore and hereafter created or amended, the terms and provisions

of which are specifically incorporated herein by reference, contributions for each trust fund in

such amounts as are set forth in the schedule of wages and benefit contributions in this Trade

Agreement for all JOURNEYPERSONS and apprentices employed by the Signatory Employer,

for the most recent pay period. Each Signatory Employer shall be bound by and to the

Agreements and Declarations of Trust of such trust funds, and the Policy for Collection of

Delinquent Contributions, as may be amended from time to time, and all interpretations of and

rules and regulations issued thereunder, as though they had actually signed the same. Such

contributions shall be deposited, in accordance with the terms of this Trade Agreement, into the

following trust funds and programs and administered as set forth hereafter:

(i) Insurance Fund (to provide health and welfare and vacation benefits). (See Art. XX, Sec. 6B)

(ii) District Council No. 9 Painting Industry Annuity Fund. (See Art. XX, Sec. 6C)

(iii) International Union of Painters and Allied Trades Union and Industry National Pension

Fund. (See Art. XX, Sec. 5)

(iv) Finishing Trades Institute of New York (See Art. XX, Sec. 6A)

(v) International Union of Painters and Allied Trades Finishing Trades Institute (See Art. XX,

Sec. 6A)

(vi) The Finishing Industries Labor-Management Cooperation Initiative. (See Art. XX, Sec. 7)

(vii) District Council No. 9 Political Action Together – Political Committee. (See Art. XX, Sec.

(viii) International Union of Painters Allied Trades Political Action Together- Political

Committee. (See Art. XX, Sec. 9)

(ix) Association of Master Painters and Decorators of New York Industry Promotion Fund,

Association of Wall, Ceiling and Carpentry Industries of New York, Inc. Promotion Fund,

Window and Plate Glass Dealers Association Promotion Fund. (See Art. XX, Sec. 11)

(x) DC 9 Scholarship. (See Art. XX, Sec. 12)

(b) Administration of Contributions. Each Board of Trustees shall administer and expend said

contributions pursuant to the aforesaid Agreements and Declarations of Trust and this Trade

Agreement, and shall have the authority to increase or decrease any benefits payable hereunder

in their sole and absolute discretion, and as they may determine from time to time.

Art. XX. Sec. 4. – Electronic Voucher System.

(a) Method of Operation.

(i) Electronic Vouchers. Each Signatory Employer employing a JOURNEYPERSON or

apprentice shall make benefit contributions for said JOURNEYPERSON or apprentice by

purchasing benefits contribution vouchers from the Funds on a weekly basis. Vouchers shall

represent payment for hourly benefit contributions in such denominations as the Trustees of the

Funds shall deem appropriate.

(ii) Purchase of Electronic Vouchers. The Signatory Employer shall file with the Funds a

weekly requisition for vouchers accompanied by the exact amount of payment to the Funds for

all vouchers purchased. In the event that a Signatory Employer defaults on any specific

remittance for any reason, payment for vouchers thereafter shall be by certified or bank check

only. Vouchers shall be issued by the Funds electronically so as to insure timely delivery of

vouchers to JOURNEYPERSONS and apprentices.

(iii) Delivery of Electronic Vouchers. Vouchers representing the number of hours of work

credited to each JOURNEYPERSON and apprentice weekly shall be given to each

JOURNEYPERSON and apprentice with his or her wages. In the event a JOURNEYPERSON or

apprentice is laid off prior to the end of the payroll week, all fringe benefit contributions

vouchers for hours of work credited to the JOURNEYPERSON and apprentice must be delivered

and received by the Union or the JOURNEYPERSON and apprentice before the close of

business of the following business day.

(iv) Weekly remittance reports. The Signatory Employer shall file with the Funds a weekly

remittance report in a form provided by the Funds, setting forth the name of each

JOURNEYPERSON and apprentice employed by the Signatory Employer, the prior work week,

the number of hours of work credited, and the fringe benefit contribution voucher issued to each

JOURNEYPERSON and apprentice. Any signatory Employer who fails to include all workers

in the remittance report, or fails to accurately submit a weekly remittance report, shall be in

violation of this Agreement.

(v) The Parties agree to recommend to the Trustees of the Funds that they explore the

possibility of developing programs to more efficiently collect contributions including, without

limitation, adopting an electronic fund collection system.

(b) Violations. In the event a Signatory Employer fails to remit vouchers to any

JOURNEYPERSON or apprentice at the time such vouchers must be given to the

JOURNEYPERSON or apprentice, sells vouchers, duplicates vouchers, violates this Trade

Agreement in any manner (including, but not limited to, subcontracting in violation of the Trade

Agreement) that causes vouchers not to be remitted, or in any manner avoids the requirements of

the voucher system, such act or inaction shall constitute a failure to pay benefits contributions

under this Trade Agreement. In such event, the Union and the Funds shall each have the right to

any and all remedies provided for in this Trade Agreement for a breach of the Trade Agreement

and/or failure to pay fringe benefit contributions, as well as any remedies provided for under

state or federal law.

above, each Signatory Employer shall prepare and give to the Shop Steward for each job by

close of business of the business day following the end of the payroll week, a Shop Steward

weekly payroll report. Such report shall list each JOURNEYPERSON or apprentice at the

subject job for the preceding payroll week, hours of work credited, fringe benefit contribution

voucher serial numbers received by the JOURNEYPERSON or apprentice, social security

number, and location of the job site.

(d) Signatory Employer Withholding Obligation. The Signatory Employer hereby agrees to

withhold all taxes, benefit contributions and check-off from each JOURNEYPERSON and

apprentice, and to remit same to the funds as set forth herein.

(e) Violations. In the event a Signatory Employer fails to remit vouchers to any