BCA DCC CBA 7.1.2017 to 6.30.2024

building construction agreement between building contractors association inc and the district council of new york city and vicinity of the united brotherhood of carpenters and joiners of america july 1 2017 june 30 2024 table of contents article page i objectives 1 ii association authorization 2 iii jurisdiction 2 iv union recognition 15 v union security 16 vi general foreman foreman hiring schedule 19 vii non discrimination clause & job referral system 20 vi i lumping prohibited 2 6 ix geographical jurisdiction 27 x joint venture 28 xi hours holidays overtime 29 xii wages 34 xiii grievance & arbitration procedure 41 xiv hardship & advisory committee 43 xv no strike no lockout 43 xvi validity 44 xvii funds 45 xviii surety bond 54 xix miscellaneous conditions 56 xx industry advancement program 68 xxi expiration clause 69 xxii retroactivity 69 xxiii effectuating clause and signatories 70 agreement made and entered into this day of july 2019 and effective as of july 1 2017 between building contractors association inc on behalf of its members firms herein referred to as (the trade association and/or the employer) and the district council of new york city and vicinity of the united brotherhood of carpenters and joiners of america herein referred to as (the union and/or the district council) article i objectives to establish and maintain wages hours and working conditions for the work covered by this agreement in the territory to which it applies to prevent strikes and lockouts to insure the peaceable adjustment and settlement of any and all grievances disputes or differences that may arise between the parties as such or between them as employer and employee and to provide for the adjustment of disputes between trades and jurisdictional disputes 1 article ii association authorization the parties acknowledge that the trade association party to this agreement has provided the union with a list of its members and written confirmation from the bca that it has written designations from each employer that it has designated the bca as its bargaining agent and they have agreed to be bound by the terms and conditions of this collective bargaining agreement prior to the commencement of the negotiations which have resulted in this agreement the trade association acknowledges its representative status of its employer members and any service on the association shall constitute service on its employermembers all employermembers who have given their assent to be bound to this agreement shall be bound during its entire term article iii jurisdiction section 1 as used in this agreement the words carpenter foreman carpenter general foreman journeyman carpenter journeymen carpenters and journeymen carpenter apprentices are understood to include all employees performing jobs referred to in section 2 below 2 section 2 the employer is desirous of employing carpenters carpenter apprentices hod hoist carpenters joiners millwrights pile drivers dockbuilders divers cabinet makers bench hands stair builders millmen wood and resilient floor layers and finishers carpet layers shinglers siders insulators acoustic and dry wall applicators casket and coffin makers and all those engaged in the operation of woodworking or other machinery required in the fashioning milling or manufacturing of products used in the trade or engaged as helpers to any of the above divisions or subdivisions and the handling erecting and installing material on any of the above divisions or subdivisions consistent with the constitution and laws of the united brotherhood of carpenters and joiners of america burning welding rigging and the use of any and all instruments or tools for layout work incidental to the trade drywall all work in connection with the installation erection and/or application of all materials and component parts of walls and partitions regardless of their material composition purpose or method or manner of their installation attachment or connection including but not limited to the following i terns all floor and ceiling runners studs stiffeners cross bracing 3 fireblocking resilient channels furring channels doors and windows including frames casing molding base accessory trim items gypsum drywall materials laminated gypsum systems backing board finish board fireproofing of beams and columns fireproofing of chase sound and thermal insulation materials fixture attachments including all layout work preparation of all openings for lighting air vents or other purposes and all other necessary or related work in connection therewith all work in connection with the installation and erection of all gypsum wallboard to receive a veneer coat of plaster or lath to receive traditional plaster if such materials are to be secured to nailable or screwable metal studs acoustical ceiling systems 1 direct hung suspension system 2 attached concealed system without backing board 3 furring bar attached system 4 furring bar suspension system 5 indirect hung suspension system 6 all axiom armstrong ceilings 7 metal ceilings in accord with international agreement of april 1 1978 between sheet metal workers international association and united brotherhood of carpenters and joiners of america 4 8 new matt ceiling 9 deacoustic any hung type of ceiling direct or indirect all work necessary for the installation of the above ceiling systems shall be installed according to the decision rendered by the national joint board for the settlement of jurisdictional disputes hearings panel decision of august 24 1966 metal trim interviewers door knockers and mechanical chimes constructing and securing of all boxes wood and/or metal floor and wall penetrations in reinforced concrete construction prefabricated tile panels fiberglass compositions and/ or any other wood substitute material wood and metal store fronts building entrances elevator entrances etc fabricate and install all precast and prestressed concrete members used in all types of building construction fabricate and install partitions (including landscape modular partitions) dividers and sliding doors constructed of wood metal plastic composition and/or any other substitute material fabricate and install all kalamein work and hollow metal work the term carpenter and the term joiner are synonymous and in either case shall mean one who pref abs or constructs forms for footings or foundations of housing buildings 5 structures of all descriptions whether made of wood metal wire mesh plastic or any other type of material the erecting of structural part of a house building or structure made of wood or any substitute such as metal plastics or composition material who puts together roofs partitions fabricates or erects forms for decking or other structural parts of houses buildings or any structure and dismantling of all forms the fabrication erecting and dismantling of all falsework where power is used for the setting or dismantling of forms or any other material erected by carpenters signaling shall be done by carpenters all handling and the fabrication and/or setting of all templates including anchor bolts necessary for structural members or machinery and the placing and/or leveling of these bolts is included all shanties shall be assembled by carpenters on the job whether they are built in place or they are knockdown shanties as long as it is within that employers power to do so installing erecting removing and placing of building material platforms and bucket hoisting equipment (generally known to the trade as hod hoists) and repairing of equipment consisting of catheads elevators rails and all other parts made of wood metal or any other substitute material and any other work and jurisdiction now in the possession of the hod 6 hoist carpenters members of local union 1556 which is not in conflict with any other union affiliated with the aflcio all work pertaining to test boring and core drilling under the jurisdiction of local union 1556 all framing in connection with the setting of metal plastic wood or other materials fabricated columns the setting prefab of forms and job centers site and bulkheads the fabrication and setting of screeds and stakes for concrete and mastic floors where the screed is notched or fitted or made up of more than one member all forms used in concrete work the making and setting of the installation of all moldings made of wood metal plastic or composition installing of runstrips for plumbers or other trades or cutting for pipes through floors joists or partitions composed entirely or in part of wood metal plastic premolded plaster or other material erected by carpenters the installation of all framework partitions and trim materials for toilets and bathrooms made of wood metal or plastics or composition materials fastening on all wooden plastic metal or composition cleats to iron work or on other material the erecting and installation of stran steel or similar material cutting and hanging all lumber or other materials between girders and joists for fireproofing or 7 concrete centers setting and hanging of all sash doors inside and outside blinds windows and frames for these items erection or application of all wood pulp plastic plaster transite or composition materials any combination of any of the above with any other material including laminates or faced with metal regardless of the manner attached cutting and applying of all furring bridging making and fastening of wood brackets or replacement materials for metal ceilings and side walls erecting of all wood furring for cornices and putting on all grounds for plaster and cement finish the building and constructing of all derricks the making of mortar boards boxes and trestles putting in needle uprights buildings all shoring of buildings raising and moving the building erecting and dismantling of scaffolding and staging all freestanding scaffolds shall be in accordance with the decision of record on scaffolds rendered on april 28 1920 fitting installing and fastening of stops beads and moldings in doors and windows framing of all false work derricks and hoists travelers and all other lumber or material used in the building and construction industry putting on all hardware putting up interior and exterior trim or finish of 8 wood the hanging setting and installation of wood metal plastic or any other wood substitute material all types of doors sash jambs bucks casings moldings chair rails mantels closets base or mop board wainscoting kitchen cabinets wardrobes and furniture china installation of bowling alleys the manufacturing and erecting of cooling towers and roof tanks the installation of wood plastic or metal awnings door shelters marquees and jalousies the laying and finishing of all floors including wood cork asphalt linoleum vinyl rubber or any other type of resilient floor or wall covering the installation of rugs carpets draperies and curtains the application of acoustic tile whether glued or nailed acoustical suspended ceilings in its entirety new matt ceilings any deacoustic any hung type of ceiling direct or indirect building and erecting stairs store office bank and other fixtures shelving racks whether of wood or other material making and fitting of screens putting on weather strips and caulking the installation of laboratory equipment including cabinets and wood benches book cases and cabinets either separately or used in conjunction with heating and/or airconditioning uni ts blackboards bulletin boards meterboards electrical boards and boards of all types 9 manufacture of and erection of walkin refrigeration boxes smart rooms clean rooms erection of all types of modular rooms and all work in connection thereof the installation of insulation material of all types whether blown nailed or attached in other ways to walls ceilings and floors of new and existing buildings shall be the work of the carpenter the handling of lumber fixtures trim or other materials erected by carpenters the erection of porcelain enameled panels and all corrugated flat or other wood plastic metal or composition roofing metal siding the assembling and setting of all seats in theaters halls churches schools banks stadiums and openair theaters and other buildings installing of wood metal and plastic corner beads erecting mortar and brick hoists and concrete distributors used in erecting buildings or fireproofing floors or for pouring concrete buildings building and repairing coal pockets breakers washers tipples setting of forms for sidewalk lights curb and gutters all welding and burning incidental to carpentry the operation of winches and jacks whether operated manually or operated mechanically by portable operating devices used to handle material to be installed or erected by members of 10 the united brotherhood of carpenters and joiners of america and all tagging and signaling incidental to the trade ribs required for centers may be cut in the shop but all other parts for centers shall be cut on the job and all centers shall be assembled on the job all concrete form work shall be under the supervision of the carpenter foreman stripping of all concrete forms including the stripping of all columns beam sides and beam bottoms wall and footing forms of all types and construction and the stripping of all concrete forms on building construction shall be performed with an equal number of carpenters and laborers under the supervision of the carpenter foreman all layout work necessary to the trade and the use of any level transit laser beam or any optical instrument required by the carpenter for the completion of job or project all protection work under the carpenters jurisdiction on any building heavy construction including for asbestos lead or other hazardous abatements or alterations all perimeter protection work including the installation and maintenance of horizontal and vertical safety nets must be performed by carpenters employed by the general contractor prime contractor builder or subcontractor so assigned by the general contractor prime contractor or builder 11 the setting of all curbing inside the property line the installation of hardware for draperies and blinds the installation of metal windows pursuant to the terms of an international agreement between the brotherhood of carpenters and the iron workers international union dated june 1 1987 no work normally built by carpenters on the job will be fabricated off the job with anyone other than union carpenters being paid the rate of wages and benefits provided herein the contractor agrees to recognize the jurisdictional claims of the united brotherhood of carpenters and joiners of america that have been established in its constitution and laws by agreements with other crafts awards contained in the green book or as a result of decisions by the national joint board for the settlement of jurisdictional disputes or its successor or which are recognized as being the jurisdiction of the united brotherhood and further agrees to assign all work to carpenters subject to existing practices and agreements and future jurisdictional decisions section 3 the handling unpacking distributing and hoisting of materials to be installed and/or erected by employees covered by the agreement shall be done by apprentices work not covered by this agreement 12 (a) carrying and hoisting of lumber for concrete work (b) hanging joists with steel wires from steel beams which set as carrying members on concrete form work section 4 every prime contractor ownerbuilder or subcontractor bound by this agreement recognizes the jurisdictional claims of the united brotherhood of carpenters and joiners of america both sides are bound by the decisions of the new york plan for the settlement of jurisdictional disputes and of the national joint board for the settlement of jurisdictional disputes and any successor body authorized by the united brotherhood of carpenters and joiners of america and the employer association to resolve jurisdictional disputes concerning the district council issued prior to the effective date of the agreement subject to any appeals now pending the employer agrees to assign work concerning the district council in accord with the aforesaid jurisdictional claim subject to their consistency with decisions of the new york plan national joint board for settlement of jurisdictional disputes or its successor the bcas agreement to be bound by ny plan decisions concerning the district council shall in no way be construed or interpreted as the bcas agreement to the new york plan for any other trade or purpose 13 section 5 nothing in this agreement will forbid the contractor having an agreement with the district council of new york city and vicinity from hiring on his payroll on a temporary basis carpenters who may be performing work for other contractors on the same jobsite or to perform protection work on timeandmaterial basis section 6 when the employer desires to engage in millwright work within the jurisdiction of millwright and machinery erectors local union 740 then it shall be governed by the appropriate agreement signed between the district council and the association of the employer engaged in such work section 7 when the employer desires to engage in work within the jurisdiction of dockbuilders pier carpenters shorers house movers pile drivers divers tenders and foundation and marine constructors local union no 1556 of greater new york new jersey and vicinity then it shall be governed by the appropriate agreement signed between the district council and the association of employers engaged in such work 14 section 8 when the employer desires to engage in work within the jurisdiction of timberman hod hoist carpenters core drillers local union 1556 then it shall be governed by the appropriate agreement signed between the district council and the association of employer engaged in such work section 9 when the employer desires to engage in resilient floor covering work local union 2287 then it shall be governed by the appropriate agreement signed between the district council and the association of employers engaged in such work section 10 when the employer desires to engage in manufacturing custom fixtures and millcabinet products within the jurisdiction of local 2790 then it shall be governed by the appropriate agreement signed between the district council and the association of employers engaged in such work article iv union recognition section 1 the principles listed in this article are intended for the general betterment of the construction industry and especially as affecting the parties of this agreement if 15 in their enforcement any confusion or misunderstanding arises as to their meaning or interpretation such differences shall be settled as provided for in article xiii of this agreement section 2 the employer recognizes the union as the exclusive bargaining representative for all the employees referred to in article iii above section 3 no person representing the union except its business manager business representatives of the district council assistant business representatives executive officers assistants to the president and onsite job steward shall have the right to interview the workmen during business hours these union representatives shall comply with all general conditions of the job regarding passes entrance to be used etc article v union security section 1 all employees who are members of the union at the time of signing of this agreement shall continue membership in the union all other employees must become members of the union seven ( 7) days fallowing the beginning of employment or 16 the date of this agreement whichever is later and must maintain their membership in good standing in the union as a condition of continued employment if the provisions for union security clauses are modified by congress during the terms of this agreement this clause will automatically become modified to conform to such changes section 2 the union or its representatives shall not discriminate against a foreman or workers maintenance of union membership shall be evidenced by the current working card which shall indicate the current dues have been paid to the union section 3 all employees covered by this agreement shall have the privilege of working for whomever they see fit in accordance with the terms of this agreement and the employer is to be at liberty to employ or discharge whomsoever it sees fit in accordance with the terms of the agreement employees covered by this agreement shall not refuse to work with persons who after seven ( 7) days employment have complied with the union security provisions of this agreement however employees covered by this agreement are not required to work with persons who do not comply with the union security provisions of this agreement it is understood that additional 17 mechanics secured by the employer shall be eligible for and shall comply with requirements of union membership set forth herein section 4 the employer shall deduct from the weekly wages of each individual covered under this agreement union dues and such other amounts as set by the union in accordance with its bylaws or other applicable documents for all bargaining unit members who have submitted to the union signed checkoff authorizations all monies deducted shall be promptly remitted to the executive secretarytreasurer of the union or his or her designee together with a list of names and employees from whom said monies are to be credited utilizing the electronic remittance system designated by the union the written authorizations shall be pursuant to section 302 (c) of the labor management relations act of 194 7 the union shall hold the employer harmless and indemnify the employer for any liability arriving out of compliance with this agreement contract limitation attorneys fees and costs 18 including article vi general foreman foreman hiring schedule section 1 the general foreman and foreman shall be the agents of the employer the right to hire and discharge employees rests with the general foreman and/or foreman who are the authorized representatives of the employer if the union prefers charges against the general foreman or foreman as such they shall forward a copy of such charges to the association in accordance with article xiii section 2 when four (4) or more carpenters are employed one (1) shall be the foreman the employer at its sole discretion may designate a second foreman who shall be from the local union in which jurisdiction the job is located section 3 when five (5) or more carpenter foreman are employed there will be one ( 1) general foreman designated by the employer 19 article vii nondiscrimination clause job referral system the parties agree there shall be no discrimination in the employment hiring or training of employees in the bargaining unit in the basis of race creed color sex national origin age disability marital status citizenship status sexual orientation or affectional preference military or veteran status in all employment decisions or union activity as defined in applicable federal state or local laws for the purposes of this article citizenship status means the citizenship of any person or the immigration status of any person lawfully residing in the united states who is not a citizen or national of the united states section 1 in selecting applicants from the referral list the union shall use the following criteria the first carpenter on the job site shall be the foreman and may be selected by the employer the second carpenter on the j obsi te shall be the shop steward referred by the union the remainder of the carpenters on the jobsite shall be selected by the employer based upon the following criteria and the employer will hire carpenters based upon the following criteria before hiring from any other source other than from the district councils job referral system (ie the out of 20 work list) 1 have worked a total of at least 1000 hours as a j ourneyperson carpenter under the terms of the agreement during the prior two years or were on the employers active payroll working under the terms of the agreement for at least 90 out of the last 180 calendar days and 2 have received certification of completing a 4 hour class approved by the courtappointed independent monitor and the district councils chief compliance officer and administered by the district council for journeyperson interior systems carpenters with such class dealing with among other issues the consent decree stipulation and order and anticorruption compliance requirements and measures within the district councils jurisdiction applicants for referral through the union must register with the union applicants who have successfully completed the full apprentice program shall be presumed to have the necessary skill and experience whether other applicants are possessed of 21 the necessary skill shall be determined by the employer subject to appeal pursuant to article xiii of this agreement section 2 for jobs only requiring one ( 1) or two ( 2) employees the employer will be permitted to work without a certified shop steward without a time limitation the union will assign one ( 1) of the two ( 2) members with the duties of the shop steward in the event of any violation of the two (2) man rule (ie not reporting the job and/or employing more than two (2) carpenters without a shop steward) the contractor will lose the benefit of this provision for the remainder of the term of the contract if there is a third employee dispatched by the district councils job referral list that employee shall be a certified shop steward and the steward will remain for the duration of that project this is not to be used as a head start an arbitrator is empowered to award as a remedy for a deliberate violation of the head start provision the loss of the employers benefit hereunder for the remainder of the term of the contract on jobs which may be termed maintenance which is work encompassing aspects of renovation or alteration wherein the employer is required or called upon to perform work assignments on a regular continuous or periodic basis the employer is 22 permitted to determine the carpenter to be assigned to the work up to one (1) person without regard to length of assignment and without matching from the local union the employer is required to notify the building contractors association inc of the location and commencement date of each job in order to utilize either provision the building contractors association inc is required to immediately notify the district council by fax or phone with this information section 3 when the shop steward has completed his/her work on behalf of the district council s /he shall perform any work within his/her trade assigned to him/her by the employer when a signatory employer wishes to lay off a shop steward during a continuous employment the employer must notify the union and have a meeting on the job with the union within twentyfour ( 2 4) hours if termination takes place a letter must be sent to the union section 4 the apprentice ratio within this collective bargaining agreement shall be two (2) apprentices to every five ( 5) journeyman and one of those apprentices must be a third or fourth year apprentice referred from the outofwork list by the district council the employer shall have the option of using 23 one (1) apprentice for every two (2) journeyman all apprentices must work a minimum of 50 % of a work week on the tools with journeyman while employed on a regular basis section 5 the union will cooperate to the best of its ability in order to meet all legal requirements and to furnish qualified carpenters when requested to do so the employer shall retain the right to reject any job applicant ref erred by the union if the employer rejects the applicant the employer shall notify the union in writing the reasons for rejection the union shall then ref er other applicants to the employer until the required number of applicants is obtained section 6 notwithstanding any other provisions of this agreement the employer shall be permitted to hire any and all carpenters except for the shop steward and except as otherwise provided in article vii section 2 without reference to hiring ratios (ie the employer will be able to hire carpenters except as specifically limited under socalled full mobility) the compliance procedures hereunder shall include the following (a) each employer shall provide the district council and its affiliated employee benefit funds with the name and location of each specific job the district 24 council shall assign a unique number to each specific job shop stewards or other designated carpenters shall report to the district council on a daily basis the names of the carpenters and the hours worked for each employer for each specific job the employer shall report to the district council on a daily basis the existence of one and twocarpenter jobs the names of the employees and the hours worked the names of carpenters and hours entered with the district council shall be electronically transmitted on a daily basis to the employer at email addresses and to personnel designated by the employer on forms supplied by the district council the employer shall have five ( 5) working days excluding weekends and holidays from the close of its weekly payroll to dispute names and hours reported that week by the district council (b) any disputes hereunder shall be processed under the grievance and arbitration procedures of article xiii of this agreement the arbitrator shall be empowered as a remedy to reinstate the 5050 hiring ration provisions for the duration of this agreement for any employer found to have acted willfully and with the bad intent to violate the staffing and payrolling 25 requirements of this agreement such a remedy would mean that the individual employer would be required to hire at least fifty percent (50%) of carpenters from the district councils job referral list ( called an out of work list or owl) without the ability to make requests article viii lumping prohibited section 1 the parties hereto agree to the elimination of lumping (the subcontracting of labor without material) the subcontractor must furnish both labor and material complete under one contract this also applies to wood flooring it being agreed however that contracting for the installation of antique flooring or the surfacing of old floors shall not be classified as lumping section 2 the employer general contractors prime contractors builders or subcontractors agree that they will not subcontract any work covered under this agreement to any one in order to circumvent the payment of wages fringe benefits and working conditions provided herein 26 article ix geographical jurisdiction this agreement shall cover work performed by carpenter employees within the territorial jurisdiction of the district council of new york city and vicinity which is as follows all of the five ( 5) boroughs of the city of new york all of the islands in and all the waters of the adjacent harbors rivers and bays and that portion of long island bounded by a line beginning at the intersection of the city line and the north shore of long island then running southerly to the southern state parkway then east to seaford creek in nassau county then south to the atlantic ocean then west to the southern tip of the borough of richmond then north on arthur kill to kill van kull then east to upper new york bay then north to the north river and hudson river then east to new york city line then continue east on the new york city line to long island sound then south to the intersection of the city line and the north shore of long island all within the state of new york the geographical jurisdiction covered by this agreement applies notwithstanding the fact that some local unions within the district council might have broader geographical jurisdiction 27 article x joint venture section 1 the employers stipulate that any of its subsidiaries or joint ventures to which they may be party when such subsidiaries construction work agreement or joint ventures engage in shall be bound by the terms building of this section 2 when employers enters into a joint venture with an employer who is not bound by this agreement then said joint ventures must either be bound through their respective trade associations or it must sign an agreement with the district council of new york city before it can employ any of its members section 3 this agreement shall be binding on the employer its successors and/or assigns as well as any firm be it corporation partnership or joint venture which the employer in which its successors or assigns has or acquires a financial interest 28 article xi hours holidays overtime section 1 the intent is to maintain the seven hour work day thirty five hour work week the employer may change from a seven ( 7) to an eight ( 8) hour day or from an eight ( 8) to a seven ( 7) hour day one ( 1) time on each project with proper notification to the union overtime hours monday through friday shall be paid at time and onehalf saturday pay shall be at the time and onehalf rate the contractor is expected to establish and maintain a reasonable work week schedule allowing for unusual jobsite conditions other than an emergency notice of all overtime work should be given to the carpenters before noon if possible carpenters will never be penalized for refusing to work overtime employees shall begin their employment at the gang box at starting time section 2 flexible starting time the normal work day shall start at eight (8) am and may be changed by the employer due to work site conditions to start between six (6) am and nine ( 9) am for all or a portion of the employees notification to the union will be given by the contractor when changed from the normal eight (8) am starting time no carpenter is to start work before the designated starting time 29 on start time for partial crew the shop steward shall start at the beginning of the early shift and remain until the end of the final full shift the shop steward shall receive overtime for all hours worked by the shop steward in excess of eight ( 8) hours section 3 shift work the employer may work two shifts with the first shift starting at the established time of seven (7) oclock am or nine (9) oclock am to the end of the shift at straighttime rate of pay the second shift will receive one hour at double time rate of pay for the last hour of the shift (eight for seven nine for eight) in addition members of the second shift shall be allowed onehalf () hour to eat with this time being included in the hours of work established there must be a morning shift to work the second shift which must be immediately following the morning shift there will be no premium on shift work provided the shift is a second shift starting immediately after the first shift all additional hours worked shall be paid at the time and onehalf rate the employer shall notify the union in advance of beginning the shift schedule on shift work the job steward shall work no more than one shift there shall be a job steward on each shift who shall be appointed by the union there shall 30 be a prejob conference with the union before the commencement of any shift work the second shift must be a minimum of five (5) continuous work days section 4 offhour work on alteration and repair work when performing alteration or repair work in an occupied building and when it is not possible to perform said work during regular working hours said work shall proceed during off hours as scheduled by the employer but starting no later than 1100 pm the work day and the rate of pay shall be the same as the second shift provisions (ie employees doing the offhour work will receive one hour at double time rate for the last hour of the shift (eight for seven nine for eight) in addition members of the offhour crew shall be allowed onehalf () hour to eat established work day with this time being included in the all additional hours worked in excess of shift hours shall be paid at the time and onehalf rate the employer shall notify the union in advance of beginning said offhour work which shall be performed subject to the provisions of this section and subject to notification to the union there shall be a prejob conference with the union 31 before the commencement of offhours work offhours work shall only be performed with a minimum of five ( 5) consecutive work days section 5 saturday makeup when conditions beyond the control of the employer such as severe weather widespread power failure fire natural disaster etc prevent the operation of the job on one or more normal working days the employer may with notification to the union schedule the saturday of that calendar week during which work was prevented as a makeup day at straight time all hours worked in excess of the normal work day shall be paid for at the rate of time and onehalf when a holiday falls on a saturday then the makeup day rate shall be time and onehalf in order to utilize a saturday as a makeup day the employer must declare a regular work day terminated for one of the reasons listed above no later than 1000 am of the day terminated and must notify the union of its desire to work a makeup day by noon of the day preceding the makeup day employees employed by the employer on the day so terminated shall have the right of first refusal to work on the makeup saturday but said employees shall also have the right to decline work on a makeup saturday without any penalty if men are needed to work a makeup 32 saturday other than those already working on the job the employer shall call the union for men before employing men secured from any other source a makeup saturday shall be no less than the seven or eight hours as established by the shift with onehalf (1/2) hour off to eat charged to the hours worked section 6 it is further agreed that no work shall be performed on saturdays sundays or legal holidays except in the case of emergency or necessity and that no work shall be performed then unless permission is granted by the district council on the previous workday stating shop or building where work is to be performed and the number of men required double time shall be paid for all work on sunday and legal holidays except as otherwise noted emergency work involving danger to life and property may be performed without permission from the district council section 7 the legal holidays ref erred to herein are new years day presidents day memorial day independence day labor day columbus day election day (only in presidential year) thanksgiving day day after thanksgiving christmas eve day ( or last legal working day before christmas day) christmas 33 day and new years eve day (or last legal working day before new years day) these are to be nonpaid holidays except for the general foreman and foreman who shall be paid (ie wages and benefit funds contributions) on a weekly basis including holidays section 8 in all cases the holidays referred to in the previous section shall be observed on the day and date established for the state of new york when work is performed on such legal holidays double time shall be paid section 9 when a legal holiday defined in section 8 falls on a sunday and the following day is declared a legal holiday then doubletime shall be paid for all hours worked if and when the union grants permission section 10 no work shall be performed on labor day article xii wages section 1 the employer agrees that it will hire all employees covered by this agreement for wages and hours not less than those specified herein 34 section 2 wages shall be paid weekly on the job before 330 pm or 400 pm on friday said wages shall be paid by check in an envelope and accompanied by a pay stub/pay statement upon which shall be plainly marked the employees name last four digits of the social security number the hours worked the wage rates paid for those hours worked (including straight time overtime and differentials) an itemization of all deductions made and the gross and net amounts paid the check must be a todd insured a b c system payroll check or similar type of check deli very of the checks to the person shall be made at least on the day preceding a banking day alternatively with written consent of the employee payment may be made by payroll debit card or direct deposit in accordance with nys regulation 12 nycrr part 192 the same pay delivery and pay stub/statement requirements for checks shall apply for payroll debit cards and direct deposit if carpenters are not paid as specified above doubletime shall be paid for friday between the hours of 330 pm or 400 pm and 530 pm or 600 pm and singletime for working time thereafter until paid not exceeding fourteen (14) hours provided however that the men report to and remain on the job during the said fourteen (14) hours 35 section 3 employees covered by this agreement shall be given one (1) hours notice before being discharged or laid off a check for wages shall be mailed to the employee by overnight mail if this is not done the employer will have to pay an additional two (2) hours penalty to said employee if the employer through no fault of his own cannot have the benefits there at that time he or she will be allowed a twentyfour (24) hour grace period to overnight the benefits to the members home or local union the wages shall be paid by insured check payroll debit card or direct deposit under the conditions set forth in section 2 of this article this section does not apply to any temporary suspension of work during any pay week of reasons beyond the control of employer this does not apply to any temporary suspension of work during any pay week of reasons beyond the control of employer all employees at the termination of their employment shall receive the new york state record of employment form 1a within twentyfour (24) hours of their dismissal section 4 when the employer is working under conditions in article xi section 1 2 and 3 then the payment of wages shall conform to this article xii section 1 2 and section 3 except that the hours indicated will change accordingly 36 section 5 this agreement is based on the principle that the employer is entitled to a days work for a days pay any unreasonable failure to work these hours gives the employer the right to pay only for the hours actually worked subject to grievance as set forth in article xiii in addition any employee discharged for incompetence or violation of work rules shall only be paid for hours worked section 6 except at the start and finish of a job general foreman shall be employed on a weekly basis which shall include wages and fringe benefits for holidays the payment of overtime rates for the general foreman and foreman shall be made at the minimum book rate for general foreman and foreman when there are carpenters doing work on the jobsite if the general foreman and foreman are receiving a rate higher than the minimum book rate it will be the employers option as to whether the general foreman and foreman shall receive the higher agreed rate for said overtime when employees are referred to a job and report for work and no work is provided they shall receive two ( 2) hours pay except for inclement weather or other conditions beyond the control of the employer all employees reporting for work and ready to start at the designated start time shall receive two 37 (2) hours showup time if the job does not start except for inclement weather or other conditions beyond the control of the employer section 7 wages wage rates contributions within the bargaining unit and fringe benefit shall be determined and/or reallocated by the union at its sole discretion increases in the total hourly combined wage and benefit package for the period beginning august 1 2019 and july 1st of subsequent years will be 08/01/19 07/01/20 07/01/21 07/01/22 07/01/23 journeyperson $1 00 $100 $1 00 $1 00 $0 apprentice $0 75 $075 $0 75 $0 7 5 total wages & fringe benefits journeyman carpenter 08/01/19 total package per hr $10016 foreman general foreman effective dates wage rate per hr journeyman foreman general foreman apprentices $300 $600 08/1/19 $5350 $5650 $5950 07/01/20 $10116 per hr per hr 07/01/20 tbd 07/01/21 $10216 07/01/22 $10316 above journeyman scale above journeyman scale 07/01/21 07/01/22 tbd 07/01/23 $10316 07/01/23 tbd apprentice wage increases may be deferred for reasons determined by the joint apprentice committee and or its training director by written notice to the employer 38 effective dates 08/01/19 07/01/20 07/01/21 07/01/22 07/01/23 total package per hr yr apprentice $3468 $3918 $4703 $5691 $3543 $3993 $4778 $5766 $3618 $4068 $4853 $5841 $3693 $4143 $4928 $5916 $3768 $4218 $5003 $5991 effective dates wage rate per hour 08/01/19 07 /01/20 07 /01/21 07 /01/22 07 /01/23 yr apprentice $1900 $2200 $2625 $3413 tbd fringe benefit rate per hour (the individual funds are defined in article xvi i) journeymanforemangeneral foreman effective dates 08/01/19 07/01/20 welfare $1464 tbd pension $1280 tbd annuity $ 936 tbd a j r e i f $ 0 7 0 tbd vacation $ 7 68 tbd supplemental funds $ 005 tbd citf $ 0 10 tbd cca metro $ 028 tbd supplemental pension$ 100 tbd ubc labor/mgt trust$ 005 tbd total per hour $46 66 tbd 39 07/01/21 tbd 07/01/22 07/01/23 tbd fringe benefit rate per hour apprentices effective 08/01/19 and to be allocated at the discretion of the district council july 1 st of each year thereafter 1 st yr app 2 nd yr app 3 rd yr app 4 th yrapp welfare $1000 $1200 pension $ 1 95 $ 245 $ 295 $ 345 annuity $ 100 $ 1 50 $ 200 $ 2 50 ajreif $ 050 $ 050 $ 060 $ 060 vacation $ 1 50 $ 200 $ 250 $ 350 supplemental funds $ 005 $ 005 $ 005 $ 005 citf $ 010 $ 010 $ 010 $ 010 cca metro $ 028 $ 028 $ 028 $ 028 supplemental pension $ 025 $ 025 $ 025 $ 025 ubc labor/mgt trust $ 005 $ 005 $ 005 $ 005 total per hour $ 1568 $1718 $2078 $2278 section 8 when an employee is required to work through the lunch period he shall be compensated at the rate of time and onehalf and be given time to eat his lunch section 9 there shall be no lost time in wages to any employee on the day of injury when immediate medical attention is required to said employee while working on the employers job provided the employee submits a note from the doctor or clinic stating that the employee cannot work that day 40 article xiii grievance & arbitration procedure section 1 a grievance shall be defined as all complaints disputes and differences concerning the application interpretation effect purpose or breach of any term or condition of this agreement or any claim demand dispute or controversy between the parties hereto excluding the merits of jurisdictional dispute ie a dispute with another trade over the assignment of work the parties hereto shall first attempt to settle and adjust the grievance by negotiation section 2 any grievance not resolved per section 1 shall be ref erred to the district council grievance committee for a meeting with the employer and the association section 3 any grievance not resolved per section 2 shall be submitted to arbitration before roger maher or richard adelman who shall serve as the permanent contract arbitrator(s) hereunder on a rotating basis the arbitrator shall conduct a hearing in such a manner as he shall consider proper and shall serve as sole arbitrator of the dispute between the parties the arbitrator shall have the right to conduct an ex parte hearing in the event of the failure of either party to be 41 present at the time and place agreed upon by both parties for the arbitration and shall have the power to render a decision based on the testimony before him at such hearing the decision of the arbitrator shall be final and binding upon both parties and may be entered as a final decree or judgment in state or federal court in new york county new york the costs of the arbitration including the arbitrators fee shall be borne equally by the employer and the union it is the intent of the parties hereto that all disputes between them both within and outside of the agreement shall be submitted to arbitration and that no defense to prevent the holding of the arbitration shall be permitted service of any documents or notice ref erred to above or service of any notice required by law in connection with arbitration proceedings may be made by electronic mail and registered or certified mail service upon the employer may be made on either the individual employer or the association a post office receipt shall be conclusive evidence of proper service if mailed to the address designated by the employer when it signed the agreement or to the last address known to the union whichever is more recent 42 article xiv hardship and advisory committee the hardship and advisory committee has authority to address in a timely fashion any undue hardships the collective bargaining agreement may impose on the union an employer or the association on an issue by issue basis the committee may modify terms and conditions to allow the association employer to manage its particular project or to compete against unfair contractors on a site by site basis all issues the hardship and advisory committee reviews will be in writing and its actions will be decided by a simple majority all concerns brought before the committee will be reviewed periodically repetitious issues can be recommended for inclusion in a subsequent collective bargaining agreement the committee will meet upon written request by the association or the union such request by fax or letter shall state the project location local union contractor subcontractor and brief summary of the question to be discussed article xv no strike no lockout the union or its representatives shall not order a strike or stoppage of work nor shall the employees strike against any 43 employer or collectively leave the work of an employer for any reason including jurisdictional dispute nor shall any employer lock out employees prior to filing a complaint or pending the adjustment of any existing disputes as provided for in article xiii the union may call or sanction a strike for (1) the employers refusal to submit a matter to arbitration pursuant to the arbitration clause of this agreement ( 2) the employers failure to comply with any decision of any board of arbitration established hereunder within five (5) working days after such decision and (3) any other reason explicitly provided for in this agreement article xvi validity if the courts should decide that any clause or part of this agreement is unconstitutional or illegal or should any clause or part of this agreement be found contrary to present or future laws it shall not invalidate the other portions of this agreement it being the sole intent and purpose of this to promote peace and harmony in the craft 44 notwithstanding the previous sentence of this article xv if at any time during the term of this agreement the united states district court for the southern district of new york or any other court of competent jurisdiction voids the provisions of article vii section 2 and article vii section 6 (ie the socalled full mobility hiring provisions) this agreement shall become a nullity and the parties shall return to the terms and conditions under their collective bargaining agreement that expired its terms on june 30 2011 article xvii funds section 1 every employer covered by this agreement shall make contributions for each hour worked of all employees covered by this agreement and employed by said employer within the territory of this agreement in the amounts hereinafter specified to the new york ~i ty district council of carpenters welfare fund the new york city district council of carpenters pension fund the new york city district council of carpenters welfare fund vacation benefit the new york city district council of carpenters annuity fund the carpenters international training fund (citf) cca metro carpenter contractor alliance of metropolitan new york (cca metro) the new york city district 45 council of carpenters apprenticeship journeymen retraining educational and industry fund (ajreif) the supplemental funds of the district council (ie the new york city carpenters relief and charity fund and the new york city district council of carpenters welfare fund scholarship program) and the carpenter contractor labor management trust fund (partnership for growth) ( ubc labormgt trust) (collectively funds) except as provided in article xi full benefit shall be paid for foreman and general foreman each employers books and payroll records shall be made available upon demand of the trustees at all reasonable business hours when auditors are sent to audit the books of any employer general contractor prime contractor builder or subcontractor and a definite appointment is scheduled when the auditor ( s) cannot start at the appointed time and date and must return or when valid payroll records are not furnished then the said employer general contractor prime contractor builder or subcontractor shall be penalized and pay the sum of $10000 per auditor to cover the expense of the auditor ( s) same to be included in trust agreements of all district council funds it shall be a violation of this agreement for any employer general contractor prime contractor ownerbuilder or subcontractor bound by this agreement to fail to furnish 46 proper records when requested for the purpose of completing an audit the union shall have the right to remove all its members from the offending contractor upon twentyfour (24) hours notice if such employees who are removed remain on the jobsite during regular working hours they shall be paid for lost time not to exceed three (3) working days pay section 2 contributions to the funds shall be in accord with this agreement the contribution to the supplemental funds shall be allocated in the following manner carpenters relief and charity fund two and onehalf cents ($0025) per hour district council scholarship fund two and onehalf cents ($0025) per hour the purpose of the carpenters relief and charity funds is to enable the parties to make charitable donations in the name of the carpentry industry from time to time said donations shall be made to duly recognized tax exempt institutions within the meaning of the internal revenue code and to provide emergency assistance to bona fide victims of disaster catastrophe and community projects for the good of the general public the fund shall be administered by a minimum of two persons one designated by the union and the other by the employer associations they shall serve without pay and shall 47 be bonded to the extent required by law all monies received by the fund shall be deposited in a bank selected by the two administrators and shall be disbursed only by check signed by both administrators at least once a year the entire balance of the fund on hand shall be disbursed to organizations and persons who meet the qualifications set forth above the administrators shall keep such books or records as may be necessary once a year the administrators shall account for all monies received and disbursed the supplemental funds shall be established in accordance with applicable law and any employees authorization that is required shall be secured by the union it is agreed that all contributions are due and payable to the district council fund office (via the iremit system) and the employer does hereby authorize said fund office to forward said contributions to cca metro the citf and the ubc labormgt trust in such manner as the directors/trustees of said funds shall reasonably require if any of the above allocations are determined to be in the opinion of counsel legally improper then in that event said allocation may be reallocated by the union to a presently existing fringe benefit fund or to another fund to be established by the union and the employer 48 the parties to this agreement agree the employer shall make contributions of two ($002) cents per hour worked for each employee covered by this agreement to the apprenticeship & training fund of north america (the training fund) two ($002) cents per hour for each employee to the carpenters health & safety fund of north america (the health & safety fund) two ( $ 0 02) cents per hour for each employee to the labormanagement education and development fund the employer hereby agrees to be bound by the trust indenture agreement applicable to the ubc national health & safety apprenticeship and training and education and development funds as they exist and as they may be amended or restated and to such rules regulations and other governing documents adopted pursuant to such trusts the employer and the union acknowledge that they are represented by their duly designated trustees to administer the various fringe benefit trust funds provided for in this contract because of the various liabilities and responsibilities placed upon all parties to this agreement including all contractors and union representatives and their respectively designated trustees each contractor hereby agrees that the fringe benefit fund trustees shall have the necessary powers to fulfill their fiduciary obligations in order to fully 49 protect each employer signed to this agreement and their employeebeneficiaries under the respective fund plans section 3 each employer shall be bound by all of the terms and conditions of the agreements and declarations of trust governing each of the funds for which contributions are required under this agreement and by all bylaws rules procedures and policies adopted to regulate each of said funds including but not limited to the funds revised statement of policy for collection of employer contributions the trustees of the funds shall secure the approval of the treasury department under the applicable provisions of the internal revenue code and shall amend the same if necessary to secure such approval so as to qualify the employercontributions as deductions for federal income tax purposes section 4 it is agreed that no contributions to any of the funds as specified in this article shall be required on the premium portion of wages for the purposes of these sections only all hours worked shall be regarded as straighttime hours fringe benefit contributions including vacation fund payments will be the same for the general foreman and journeyman fringe benefit contributions for apprentices shall 50 be in accordance with applicable schedules in article xii in the case of foreman general foreman and first and second year apprentices contributions shall be made to the fringe benefit funds on the basis of hours for which said employee is actually paid regardless of whether said hours are actually worked this provision shall not apply to bonuses paid vacation or paid sick leave voluntarily paid to said employees section 5 whenever the employer is in default in payments to the funds referred to in article xvii of the agreement and reasonable notice of such default is given to the employer if the payments are not made the union may remove its members from the work of such employer if such employees who are removed remain at the j obsi te during regular working hours they shall be paid for lost time not to exceed three ( 3) days pay (ie wages and benefits) section 6 in the event that formal proceedings are instituted before a court of competent jurisdiction by the trustees of a benefit fund or funds to collect delinquent contributions to such fund(s) and if such court renders a judgment in favor of such fund ( s) the employer shall pay to 51 such fund(s) in accordance with the judgment of the court and in lieu of any other liquidated damages costs attorneys fees and/or interest the following (1) the unpaid contributions plus (2) interest on the unpaid contributions determined at the prime rate of citibank plus 2% plus (3) an amount equal to the greater of (a) the amount of the interest charges on the unpaid contributions as determined in above or (b) liquidated damages of 20% of the amount of the unpaid contributions plus (4) reasonable attorneys fees and costs of the action and (5) such other legal or equitable relief as the court deems appropriate (6) in the event that proceedings are instituted before an arbitrator under section 7 of this article to collect delinquent contributions to benefit fund or funds and if such arbitrator renders an award in favor of such fund(s) the arbitrator shall be empowered to award such interest liquidated damages and/or costs as indicated in section 6 of this article 52 and as otherwise may be applicable under the agreement and declaration of trust governing such fund(s) section 7 should any dispute or disagreement arise between the parties hereto or between the union and any employermember signatory hereto concerning any claim arising from payments to the fund of principal and/or interest which is allegedly due either party may seek arbitration of the dispute before the impartial arbitrator designated hereunder by filing a notice of intent to arbitrate in writing with said impartial arbitrator and serving a copy of said notice on the association or the union as the case may be unless a waiver is mutually agreed to in writing by the parties hereto a hearing shall be convened as soon as practicable and the arbitrator shall submit his award within twenty (20) days after the close of the hearing the arbitrator shall have full and complete authority to decide any and all issues raised by the submission and to fashion an appropriate remedy including but not limited to monetary damages the arbitrators award in this regard shall be final and binding upon the parties hereto and the individual employer if any and shall be wholly enforceable in any court of competent jurisdiction the cost of the arbitration including the fees to be paid to the arbitrator 53 shall be included in the award and shall be borne by the losing party roger maher richard adelman and a third arbitrator mutually selected by the parties are hereby designated as impartial arbitrators hereunder the agreement of the parties to submit said matters regarding the payment of contributions to an arbitrator does not excuse the employer from any statutory civil or criminal liability which may attach to his actions under municipal state or federal law the submission of a matter to arbitration is in no way meant to affect the right of the union to remove its members from an employers premises as provided for in this agreement section 8 all contributions required under this article will be reported and remitted through the iremit system or any other system designated by the funds office section 1 article xviii surety bond a building contractor association inc member is not required to post a surety bond except as stated hereafter 54 any building contractor association inc employer whose records have been audited by the funds and who is found to be delinquent is required to post a bond in the amount set forth in accordance with section 2 of this article in the event this occurs the matter will be brought before a committee consisting of the managing director of the building contractors association inc (or his representative) and an authorized representative of the district council who will make a determination as to the implementation a new employer whose records have never been audited by the funds auditors shall be required to post a bond as set forth in section 2 of this article a new employer upon completion of an audit by the funds auditors and said audit reveals no material discrepancy shall not be required to continue to post a bond section 2 those employer(s) covered by this agreement who are required to post a bond shall provide a surety bond in the following amounts or as maybe otherwise deemed appropriate by the trustees number of employees bond amount 1 5 $ 1000000 6 10 $ 2000000 11 15 $ 3000000 16 25 $ 5000000 26 50 $10000000 over 50 $20000000 55 article xix miscellaneous conditions section 1 where an employment office is not maintained on the job the general foreman or the employers representative shall be conveniently accessible to applicants at least once a day section 2 the amount or character of work demanded by the employer or his representatives shall not be unreasonable nor shall it be restricted by the union officers or members its representatives section 3 there shall be no restriction against the use of any machinemade flooring or machine cut timber or lumber section 4 there shall be no restriction of the use of machinery tools appliances or methods no powderactuated tools shall be used unless approved by the state board of standards and appeals section 5 the use of safety equipment and appliances furnished by the employer is mandatory and the failure to employ the use of such equipment and appliances after due 56 warning is sufficient cause for dismissal the employer agrees in all respects to comply with the requirements of the occupational safety and heal th act and all regulations issued pursuant thereto section 6 the consumption of intoxicating beverages or use of drugs on a j obsi te is prohibited violation of this rule after due warning is sufficient reason for dismissal section 7 neither party during the life of this agreement is to adopt any bylaw or attempt to enforce against the other party any working rule or regulation which is contrary to any of the clauses in this agreement neither party shall attempt to enforce against the other party any working rules which have not been approved by the association and the union section 8 the employers employees or the agents of the employer shall not accept or give directly or indirectly any rebate on wages or give or accept gratuities or give anything of value or extend any favor to any person for the purposes of affecting any rate of wages for violation of the foregoing a penalty must be imposed in case of violation by the employer the penalty shall be 57 imposed by the association to which he belongs in the case of violation by a union member the penalty shall be imposed by the district council section 9 should the parties hereto be unable to agree on the interpretation of any section of this agreement the questions shall be settled as provided for in articles xiii and xvii section 10 the parties to this agreement shall continue to use all efforts to maintain an effective apprenticeship training plan and/or system which will insure an adequate force of skilled mechanics this system shall definitely determine the ratio of apprentices to mechanics working on a specific job that must be employed wages to be paid during training method of indenture to the industry and other rules for efficiently operating the plan section 11 every employer shall notify the district council by certified mail or fax of the awarding of any contract on which any of the work described in article iii hereof shall be performed by the employer or a subcontractor regardless of whether said work is to be performed by the 58 employer or subcontractor said notice shall include the location of the job and the name and address of the contractor or subcontractor involved failure to comply with this section shall be a breach of this agreement and shall authorize the union to remove its members from any job on which said contractor or subcontractor is working until said notice requirement is complied with the aforesaid notice shall be given within thirty (30) days of the award of a contract and in any event prior to the commencement of work or after the cessation of work prior to the recommencement thereof it is understood that the provisions of this section will be strictly enforced by the union further after notification has been given to the union by the employer as set forth above a prejob conference will be held if one is requested by the union section 12 it is further agreed that if any employer engages in any class of work not embodied in building construction both parties shall comply with all the union conditions then existing in that class of work section 13 all work covered by this agreement shall be contracted or subcontracted only to an employer who is signatory to or agrees to become signatory to a collective bargaining 59 agreement with the union the parties hereto mutually agree with respect to work falling within the scope of this agreement that is to be done at the site of construction alteration maintenance or repair of any building structure or other works that if the contractor should contract or subcontract any aforesaid works falling within the trade jurisdiction of the union as set forth herein said contractor shall contract or subcontract such only to firms which observe the standards of wages and fringe benefits and working conditions established herein to insure the observance of the wages benefits hours and other items and conditions of employment provided herein section 14 once an award is made by a general contractor prime contractor or builder to a subcontractor who performs only one type of work then this subcontractor cannot resubcontract to another subcontractor who performs the same type of work this does not apply to recognized specialties section 15 where for the benefit of the employer an employee must cross a body of water in order to reach the jobsite and there is no public transportation available to said site then it shall be the duty of the employer to provide adequate safety and comfort for the employees transportation 60 the employer shall protect such employee under a policy of public liability insurance or any other insurance required by law for any public conveyance such certificate shall be posted in a conspicuous place on any conveyance used by the employer should such transportation whether private or public require extraordinary fare such fare shall be paid by the employer the employee shall not leave the shore opposite the jobsite earlier than 800 am and shall be to the same shore not later than 330 am (eight hour day 430) or if engaged in heavy construction no later than 430 pm section 16 the employer agrees that if it performs any service or work described in the trade agreements of the district council of carpenters within new york state within the geographic jurisdiction of the district councils it shall be bound by all the terms and conditions of the trade agreement applicable to the location where said service or work is being performed for the period of time that said service or work is being performed in said location in the same manner as if it were a direct signatory to the applicable trade agreement section 17 (a) in order to protect and preserve for the employees covered by this agreement all work heretofore 61 performed by them and in order to prevent any device or subterfuge to avoid the protection and preservation of such work it is hereby agreed as follows if and when the employer shall perform any work of the type covered by this agreement under its own name or under the name of another as a corporation company partnership or any other business entity including a joint venture wherein the employer exercises either directly or indirectly any significant degree of ownership management or control the terms and conditions of this agreement including fringe benefits shall be applicable to all such work (b) all charges of violations of paragraph (a) of this section shall be considered as a dispute under this agreement and shall be processed in accordance with the procedures for the handling of grievances and the final binding resolution of disputes as provided in article xiii of this agreement as a remedy for violations of this section the arbitrator (or arbitration body) provided for in article xiii is empowered at the request of the union to require an employer to ( 1) pay to affected employees covered by this agreement including registered applicants for employment the equivalent of wages lost by such employees as a result of the violations and 62 (2) pay into the affected joint trust funds established under this agreement any delinquent contributions together with interest penalty and liquidated damages to such funds which have resulted from the violations provisions for this remedy herein does not make such remedy the exclusive remedy available to the union or the trust fund for violation of this section nor does it make same or other remedies unavailable to the union or the trust fund for violations of other sections or articles of this agreement (c) if as a result of violations of this section it is necessary for the union and/or the trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection (b) above or to def end an action which seeks to vacate such award the employer shall pay any accountants and attorneys fees incurred by the union and/or fund trustees plus costs of litigation which have resulted from the bringing of such court action section 18 the employer reserves and retains the sole and exclusive rights to manage its operations and to direct the work force except only to the extent the express provisions of this agreement specifically limit or qualify these rights 63 section 19 on every job the employer shall provide a suitable locker in buildings over six stories high a locker or gang box is to be provided on every fifth floor the locker shall have the door hinged in such a way that hinges cannot be taken off while the door is closed without breaking the door the lock must be a mortise lock or hasp and staple bolted through a door or a safety hasp which covers all screws in any case it must be impossible to open the door without breaking it or the lock the employer shall furnish a suitable tool shanty or gang box on every fifth floor on all jobs over ten ( 10) floors in height section 20 the employers who have complied with the above requirements are only responsible for loss of tools and clothing due to the burning or forcible entry of the locker and such liability shall be limited to a sum not to exceed tools overcoat other clothing shoes $60000 (finish) $50000 (concrete) $15000 $12500 upon submission of proper proof of loss proof of loss must be filed within fortyeight (48) hours of the actual loss and payment of the above described claim must be made within 64 fourteen (14) working days of receipt of the proof of loss any disputed claims shall be resolved pursuant to article xiii hereof section 21 employees tools which become dulled on the job shall be reconditioned at the expense of the employer by the employee covered under this agreement section 22 all employers will make sure that any products they ask carpenters to handle will have a united brotherhood of carpenters stamp on it as long as it is within their power to do so section 23 all carpenters will be given five (5) minutes to wrap up their tools at quitting time and five (5) minutes to wash up before lunch section 24 there will be no quotas imposed on carpenters working on a jobsite section 25 any employer found guilty of offering cash to carpenters for hours worked shall pay a fine of twenty five thousand ($2500000) dollars to the carpenters pension fund 65 after he has paid monies that were due to the benefit funds this will be decided through the collective bargaining agreement grievance and arbitration clause section 26 the union and the association agree to explore other forms of workers compensation insurance such as alternative dispute resolution (adr) to help our union contractors be more competitive section 27 in order to protect and preserve for the employees engaged in the manufacturing of custom fixture and mill cabinet products used in the trade and in order to prevent and device or subterfuge to avoid the protection and preservation of such work it is hereby agreed that all custom manufactured mill cabinet and architectural woodwork products which are specified and required in the employers contract with the client including doors specifically designed as matching components of said products shall be fabricated in a signatory shop within an area encompassing the five boroughs of new york city and extending approximately 40 miles beyond the citys borders doors jambs and related components which do not fall within the stated category will be excluded from this provision 66 section 28 there shall be an afternoon coffee break only if the work continues for four (4) hours in the afternoon section 29 the parties acknowledge that pursuant to the new york state paid family leave act the employer will be deducting from employees wages premium payments as determined by the appropriate authority of the state of new york and remitted to same or a private paid family leave carrier unless other provisions are made by the trustees of the new york city district council of carpenters welfare fund section 30 apprentices and journeymen who fail to notify the employer in writing when moving up in grade will only be entitled to a maximum of two ( 2) weeks of retro pay at the higher rate upon providing verification of the higher classification from the carpenters training center section 31 the association and the union agree to periodically meet to discuss new technologies in the industry section 32 the requirements of the new york city earned sick time act are waived pursuant to ny admin code section 20916 67 article xx industry advancement program all employers covered by this agreement shall contribute twentyfive ($025) cents for each hour of employment of carpenters to the industry advancement program of the building contractors association inc all employer contributions to this program shall be remitted to the funds office with the other funds contributions the bank servicing the benefit funds shall deliver all such contributions to the industry advancement program of the building contractors association inc located at 451 park avenue south new york new york 10016 (4th floor) after verifying that the amount of each such contribution has been correctly computed by the employer the industry advancement program of the building contractors association inc shall reimburse the carpenters fringe benefit funds all expenses incurred by it for services it renders in connection with the accounting of these contributions the trade association and/or the employers acknowledge receive of the trust agreement of the industry advancement program of the building contractors association inc and agree to be bound by its terms 68 article xxi expiration clause this agreement enters into force on july 01 2019 and shall be binding on the employer and the union their successors and assigns the duration of this agreement shall continue until june 30 2024 and shall be renewed automatically for one year intervals thereafter unless notice to the other at their last known address has been provided by either party by certified and regular mail no more than ninety ( 90) days nor no less than sixty ( 60) days before the contract expiration that such party seeks to negotiate a new contract or modify or amend this agreement through negotiations once negotiations have commenced neither party will seek to alter unilaterally the terms or conditions of employment of employees covered by this agreement until such terms have been changed by execution of a newly negotiated agreement article xxii retroactivity it is mutually agreed that all wages fringe benefits and conditions provided for in this agreement shall not be retroactive to july 1 2017 69 article xxiii effectuating clause and signatories the parties hereto make and enter into this agreement in witness whereof we their duly authorized and empowered representatives have hereunto set our hands and seal this 1st day of july 2011 for the building contractors association inc by javj__ johnloflare managing director for the union date district council of new york city and vicinity of the united brotherhood of carpenters and joiners of america by~a~ jo ph geiger e~tivesecretarytreasurer date the trade association and/or the employer signatory to this agreement hereby acknowledges receipt of copies of the agreement and declaration of trust of the new york city district council carpenters welfare fund pension fund apprenticeship journeymen retraining educational and industry fund annuity fund carpenters international training fund vacation fund cca metr~(an supflemental funds /lrcwl date /_/719 ohare managing director 70