AGREEMENT
BETWEEN
THE BUILDING CONTRACTORS ASSOCIATION, SNC.
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL 15 AND I5A
JULY I, 2017 TO JUNE 30, 2020
MOAATTACHED TO THE BACK OF THE AGREEMENT 7/1/26-6/30/3031
TABLE OF CONTENTS
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Page
ARTICLE I OBJECT I
ARTICLE II PRINCIPLES I
ARTICLE III TERRITORY COVERED 3
ARTICLE IV HOURS AND CONDITIONS 4
ARTICLE V WAGES AND WORK COVERED 12
ARTICLE VI FRINGE BENEFIT FUNDS 13
ARTICLE VII WORK STOPPAGE FOR DEFAULT IN
WELFARE AND PENSION CONTRIBUTIONS 20
ARTICLE VIII INSURANCE/INDEMNIFICIATION 20
ARTICLE IX TRADE AND JURISDICTIONAL DISPUTES 21
ARTICLE X TRADE BOARD 2 1
ARTICLE XI DRUG TESTING 23
ARTICLE XII VALIDITY 23
ARTICLE XIII TERM – RENEWAL 23
This Agreement dated July I, 2017 between THE BUILDING CONTRACTORS
ASSOCIATION, INC., party of the First Part, and THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 15 AND ISA, party of the Second Part, hereinafter
referred to as the “Union”.
ARTICLE I OBJECT
SECTION I. To establish and maintain wages, hours and working conditions for the
work on building construction 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.
ARTICLE II PRINCIPLES
SECTION I. The amount of work a man may perform shall not be restricted by the
Union nor by its representatives, officers or members, and the use of machinery, tools,
appliances or methods shall not be restricted or interfered with under the terms of this
Agreement.
SECTION 2. The business representatives of the Union shall have access to the work at
all times. They shall comply with all general conditions of the job regarding passes, entrances
to be used, etc. but shall in no way interfere with or hinder the progress of the work.
SECTION 3. The Employers recognize the Union as a source for the procurement of
skilled workmen and Maintenance Engineers, Junior Engineers, Firemen, Apprentice Engineers
and Oilers and agree to employ such workers who are members in good standing of the Union
or who become members thereof seven days after the commencement of their employment,
and the Union agrees to furnish such workers when requested by the Employers. Such
workers shall thereafter maintain their membership in good standing.
SECTION 4. The Employer Association and the Union agree that they have not and will
not discriminate against any individual seeking employment because of race, creed, color, sex,
national origin, age, disability, marital status, sexual orientation or citizenship status.
SECTION 5. The Union or its representatives shall not order a strike or stoppage of
work, nor shall the Employees strike against any Employer or collectively leave the work of an
Employer, nor shall any Employer lock out Employees prior to filing a complaint or pending the
adjustment of any existing dispute, as provided for in Articles IX and X.
The foregoing does not deny the right of the Union to render assistance to other labor
organizations by removing its members from jobs, when combined action by all trades is
officially ordered; but no removal shall take place until formal notice is first given to the
Secretary of the Trade Association involved, and the procedures in Articles IX and X have
been exhausted.
SECTION 6. Employees are at liberty to work for whomever they see fit, and they are
entitled to and shall receive the wages agreed upon as hereinafter set forth in this Agreement.
Employers are at liberty to employ and discharge whomever they
see fit, and the Employer shall at all times be the sole judge as to the work to be performed
and whether such work as performed by an Employee, is or is not, satisfactory.
SECTION 7. Should the Union allow its members to work for Employers for a wage less
than the wage established by this Agreement, or under conditions more favorable to the
Employer than the conditions established by this Agreement, the wages and conditions
contained in this Agreement shall immediately be changed to conform to the more favorable
conditions as shown to exist.
SECTION 8. TARGET COMMITTEE: Residential/Hospitality– The BCA and Local
I4-I4B and Local 15, I5A, I5D have agreed to form a standing committee of three union and
three association representatives to begin meeting no later than October I, 2017 to bargain
appropriate strategies, including possible market specific modifications to applicable wage and
fringe benefit rates, reasonably, necessary for BCA member employer to better compete for
jobs in the low union density parts of the hospitality and residential sectors.
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SECTION 9. RECRUITMENT OF DISABLED VETERANS: The parties shall
cooperate in the recruitment and training veterans who have suffered disabling injuries in
recent foreign conflicts.
SECTION 10. FORMS: Subject to a Local 1 5- 15A and 15D approved reservation of
Collective Bargaining rights provision in each form, Engineers shall sign appropriate forms
required by the Employer or by the New York/Federal Law and routinely signed by other
union-represented Employees.
SECTION I I. EARNED SICK TIME WAIVER: The Union expressly waives any right
to paid sick leave for the Employees covered by this agreement as set forth in any legislation
enacted by the City of New York.
ARTICLE III – TERRITORY COVERED
SECTION I. This Agreement shall apply to building construction work in New York
City; i.e., Boroughs of Manhattan, Bronx, Richmond, Queens and Brooklyn.
SECTION 2. Building construction where referred to in this Agreement is hereby defined
as the erection of buildings, exclusive of the construction of engineering structures and building
foundations.
SECTION 3. When Employers, parties to this Agreement, do any work other than the
type of work covered by this Agreement, they shall conform to any applicable agreement that
exists between an employing group and the International Union of Operating Engineers, Local
1 5 and 1 5A. In particular, when Employers are excavating a site or pouring a foundation, the
provisions of the Agreement between the Union and the General Contractors Association, as
amended from time to time, shall control the Employers’ obligation to hire or cause to be
hired a Working Foreman/Maintenance Engineer/Mechanic/Shop Steward. Employers shall
discharge this obligation by hiring the Working Foreman/Maintenance Engineer/Mechanic/Shop
Steward directly or by instructing another contractor which has an Agreement with Local 1 5
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to hire the Working Foreman/Maintenance Engineer/Mechanic/Shop Steward in which event
the Working Foreman/Maintenance Engineer/Mechanic/Shop Steward would be subject to the
direction and control of that contractor.
During the excavation/foundation phase of a building project, the Maintenance Foreman shall
be employed under the rules of the GCA/Local 1 5 Agreement. In other words, the
Maintenance Foreman will be employed when there is a Master Mechanic and five (5) other
Engineers working on the project as stated in the agreement between the General
Contractors Association and the International Union of Operating Engineers, Local 15, I5A.
ARTICLE IV HOURSAND CONDITIONS
SECTION I. HOURS OF WORK
Eight (8) hours shall constitute a day’s work. Forty (40) hours shall constitute a
week’s work. At the commencement of employment, an Employee will be paid for days
actually worked in the payroll week. At the termination of employment, an Employee will be
paid for days actually worked in the payroll week. If an Employee is laid off from his work
assignment and rehired within five (5) consecutive working days for the same work assignment,
said Employee shall be paid for the actual working days for which he was not employed, if he
was not employed by another Employer during the layoff period.
Flexible start is 7:00 a.m. or 8:00 a.m. — All Engineers.
SECTION 2. SHIFTS
(a) A single shift shall be a continuous nine (9) hours, starting at 8:00 a.m. except
when necessary to conform with the provisions of this Article IV, Section 6, including one (I)
hour for mealtime. The mealtime may be curtailed by one-half (1/2) hour.
(b) When two (2) shifts are employed, each shift will work seven and one-half (7 /2)
hours but will be paid for eight (8) hours, since only one-half (1/2) hour is allowed for
mealtime.
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(c) When three (3) shifts are employed, each shift will work seven and one-half (7 /2)
hours but will be paid for eight (8) hours, since only one-half (1/2) hour is allowed for
mealtime.
(d) When two (2) or more shifts are employed, single time will be paid for each shift.
(e) On jobs of more than one (I) shift, if an Engineer or Junior Engineer fails to report
for work through any cause over which the Employer has no control, the Engineer on duty will
continue to work at the rate of single time.
(f) A week shall start at 8:00 a.m. Monday and end at 8:00 a.m. Saturday, except
when necessary to conform with the provisions of this Article IV, Section 6.
(g) When an Employee is ordered out and reports on a Saturday, Sunday or holiday,
regardless of whether his services are employed, he shall receive a full day’s pay at double time.
(h) In case an Engineer or Junior Engineer is not ordered out on a Saturday, Sunday
or a holiday, and his machine is operated by another Engineer or Junior Engineer, he, as well as
the Engineer or Junior Engineer who operated the machine, shall be paid a full day’s pay at
double time.
SECTION 3. PAYMENT OF WAGES
All wages payable under this Agreement shall become due and be paid on the job
every week and not more than three (3) days’ pay shall be held back. Wages shall
be paid at the Employer’s option either in cash or by check, provided:
the check is Todd Insured ABC System Payroll Check or a similar type of
check, and the delivery of the checks shall be made at least one (I) day preceding
a banking day.
If for any reason the Employer terminates the service of any Employee working under
this Agreement, the accrued wages of that Employee shall be paid to him at the time of the
termination of his employment, otherwise, waiting time shall be charged for accrued wages. If
any Employee shall, of his own volition, leave the service of his Employer, then his Employer
may retain his wages until the next regular pay day.
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SECTION 4. OVERTIME
Double time shall be paid for all work performed in excess of eight (8) hours per day,
for all work performed in excess of forty (40) hours per week, and for all work performed on
Saturdays, Sundays and holidays.
SECTION 5. HOLIDAYS
Holidays to be observed as such are:
New Year’s Day
Lincoln’s Birthday
Presidents’ Day
Memorial Day (Decoration Day)
Independence Day (4th of July)
Columbus Day
Armistice Day (Veteran’s Day)
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Labor Day
(a) All Employees covered by this Agreement shall receive eight (8) hours’ pay at the
single time rate for any of the above-mentioned holidays even if occurring on a Saturday. If the
above-mentioned holiday occurs on a Sunday, it should be observed on the following Monday.
If a holiday occurs on a Saturday, Employees except for those manning powerhouses,
refrigeration, soil solidification, wellpoint, cofferdam, and continuous pumping installations, and
other similar type installations, shall not perform any work on said Saturday without the prior
permission of the Union Representative having been rendered to the Employer, and such
permission shall not be unreasonably denied.
To be paid for any of the above-mentioned holidays without working, Employees must
work at least one (I) day in the payroll week in which the holiday occurs. No Employee shall
receive pay for any holiday from more than one (I) Employer.
(b) Where the workday ends at 8:00 a.m. on a Saturday or a Sunday or a holiday, the
Employer may, at his discretion, define Saturdays, Sundays and holidays beginning at 8:00 a.m.
of the Saturday or the Sunday or the holiday and continuing until 8:00 a.m. of the following day,
except when necessary to conform to the provisions of Paragraph (a) of Section 6 of this
Article IV.
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SECTION 6. CONDITIONS
(a) VARYING SHIFT COMMENCEMENT
It is understood and agreed that because of certain Ordinances of the City of New York
governing certain operations, such as blasting, etc., shift hours will be arranged to conform
with such regulations, etc., and such shift work will be paid for at the single time rate, in
conformity with the terms contained in this Agreement.
(b) SHIFTING OF EMPLOYEES ON EQUIPMENT
During a work shift, an Employer may move the crew or an individual operator from
Machine A to Machine B, and then back to Machine A, when there is an emergency on the
project or a breakdown on Machine A, with no additional pay to the crew or individual
operator. During a work shift, an Employer may move the crew or an individual operator
from Machine A to Machine B, when conditions or logistics enable such a move, only with the
prior approval of either the Master Mechanic or the Local Union Business Representative and
said approval shall not be unreasonably withheld, with no additional pay to the crew or
individual operator.
During a work shift, should an Employer move the crew or individual operator from
Machine A to Machine B and then back to Machine A for the reasons other than those
specified in this Section 6(b), the crew or individual operator shall receive two (2) hours’
additional pay.
During the work shift, should an Employer make an additional move, the crew or
individual operator shall receive eight (8) hours’ additional pay.
(c) PUMPING
Continuous pumping regardless of motor power and size, is the work of the
Maintenance Engineer. Wellpoint and River Cofferdam pumps are the work of the Operating
Engineers under the jurisdiction of Local 14. Continuous pumping when using one air pump,
shall be performed by the Operating Engineer, under the jurisdiction of Local 14, manning the
Compressor.
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If two (2) or more air pumps are employed, a Maintenance Engineer will man said pumps
in addition to performing other duties as required.
On projects which require the use of pumps with a discharge of 3” or less, a pre-job
conference shall be held between representatives of the Association and the Union to
determine the manning of such pumps.
A Local 1 5 Operating Engineer shall not be required to man motor generators less than
25 HP used for the operation of site trailers. Other operations can be included in the less than
25 HP provision, subject to Local 1 5 approval.
When a water condition exists, a Maintenance Engineer shall be employed for the
pumping of all water until a temporary certificate of occupancy or its equivalent is issued.
When a pump is used for a period of more than two (2) hours in an eight (8) hour shift,
a Maintenance Engineer shall be employed.
A combination of 1-15 heaters, generators and/or pumps, will be maintained by one
engineer to be paid at the predominate rate.
WELLPOINT, EDUCTOR, EJECTOR, DEWATERING SYSTEMS
On installation, a Wellpoint crew shall consist of a Maintenance Foreman plus four (4)
Maintenance Engineers. After a Wellpoint Dewatering System, Eductor, Ejector, Deep Well
Pumps or any Dewatering System of a similar nature is installed and while operating, a
Maintenance Engineer shall be employed including overtime and on off-shift jobs. No
Maintenance Engineer shall be employed on said Wellpoint Dewatering System on any second
or third shift.
After a Wellpoint Dewatering System is installed and while operating, if in addition to
the Wellpoint Dewatering System Pumps, other gasoline diesel or electric powered pumps are
installed and operated to supply water to a recharge system, one (I) Maintenance Engineer
shall be employed on each shift while said other pumps are operating.
After an Eductor or Ejector Dewatering System is installed and while operating, if in
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addition to the Eductor or Ejector Dewatering System Pumps, other gasoline, diesel or electric
powered pumps are installed and operated, one (I) Maintenance Engineer shall be employed
on each shift while said other pumps are operating.
(d) TUGGER HOISTS
Where the Tugger Hoist is used for pulling cars, a Junior Engineer will be employed.
(e) MAINTENANCE AND REPAIR WORK- OVERTIME REPAIR WORK AT
WORK SITE
All maintenance and repair work at a work site of any kind and description, exclusive of
said work being performed by other trades, shall be performed by Employees covered under
this Agreement.
Repair work during the work shift shall be performed by the crew on their own
machines or by Maintenance Engineers.
If a piece of equipment breaks down and is repaired on the jobsite on overtime, the
crew or individual operator of said piece of equipment shall work on the repair during the
overtime period, exclusive of welding, motor and compressor work.
(f) MAINTENANCE ENGINEER
The Union shall have the right to assign from the Local 1 5 represented Engineers at all
construction sites, a working Maintenance Engineer – Shop Steward (“Shop Steward”). The
Employer will ensure that the contractor employing the Shop Steward will permit the Shop
Steward time to attend to Union matters on the jobsite with all subcontractors, vendors and
suppliers. When 3 or more Local 1 5 represented employees are scheduled for overtime, the
Shop Steward, if qualified, will be offered the opportunity to work that overtime assignment.
After the foundation is substantially completed on a building project, and the erection of the
superstructure has commenced, when a Master Mechanic is employed and three major pieces of
equipment are working, a Maintenance Engineer shall be employed. For the purposes of this sub¬
paragraph (f), the following pieces of equipment shall be considered major pieces of equipment:
concrete plants, concrete pumps, including truck mounted concrete pumps, gradalls, power pacs in
conjunction with articulation conveyors, cableways, cranes, Cherrypickers, crewed backhoes, excavators
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over 40,000 lbs., pile drivers, shovels, damshells, orange peels, drag line buckets and stiffleg derricks,
etc.
In addition, the hours worked per day by the Maintenance Engineer (if required), shall not
exceed fifteen ( 15) hours unless in an emergency and at the request of the Employer. When such
conditions are present on a Job site where a member of the B.C.A. is acting as a General Contractor,
Construction Manager, Owner’s Agent, however described, and these conditions are brought about by
the work performed by a contractor not a party to this Agreement, a conference will be held between
representatives of the Union (Local 15, I5A and 15D), the B.C.A., the General Contractor and the
Construction Manager, etc., party to this Agreement. This meeting will be held prior to the
employment of the Maintenance Engineer.
If on the other hand the job does not have three major pieces of equipment and thus a
Maintenance Engineer, then the Maintenance Engineer shall man up to five (5) electric pumps if they
are permanently wired and no additional engineer needs to be employed to cover these pumps after
the 3 major piece Maintenance Engineer is laid off.
A Maintenance Engineer on three (3) major pieces will also cover electric pumps. If there are
no electric pumps, then he shall cover the generator.
(g) SATURDAY EMPLOYMENT
A Maintenance Engineer shall be assigned to work on said Saturday provided at least one
(I) Maintenance Engineer has worked on the project for a minimum of forty (40) hours prior
to the said Saturday except at the commencement of a project.
The same conditions shall apply on overtime work.
(h) CONCRETE PUMPS
Concrete pumps are to be manned by Employees covered by this Agreement under the
jurisdiction of Local 14 and Local 15.
(i) CONCRETE PUMPS AND MAINTENANCE TRUCKS
When a truck mounted concrete pump or maintenance truck is employed, said truck
shall be driven by an Employee covered under this Agreement in addition to the performance
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of his other duties.
(j) PUMPS (MANNING ON TEMPORARY WATER PUMPING AND HEATING
DEVICES ONLY)
When the Employer notifies the Union in writing (including by email or by fax) that an
Employee manning temporary water pumps or heating devices may be laid-off and rehired
within the same payroll period, the Union will make every effort to reassign the Employee to
another work assignment if work is available.
If the Union makes every effort to find alternative employment for the laid off Employee,
but is unable to do so, or if the Employer fails to notify the Union in writing, the 40-hour, no
broken time guarantee remains in full force and effect; provided, however, if a laid-off Engineer
does not seek employment while the temporary layoff is in effect through the Local 1 5 referral
hall after the Employer informs the Union of the layoff in writing, the Employer is not obligated
to pay the laid-off Engineer for the layoff period. The Union shall respond as soon as possible
to an inquiry by the Employer regarding the laid-off Engineer’s use of the referral hall to find
alternative employment.
If the Employer utilizes the temporary pump or heaters while the employee is on layoff,
this provision shall be null and void for the duration of the project.
(k) MECHANICAL HEATERS
(a) KEROSENE MECHANICAL HEATERS
When one (I) to fifteen ( 15), and every portion of fifteen thereafter, kerosene
blower-type heaters are used, a Maintenance Engineer shall be employed.
(b) RADIANT MECHANICAL HEATERS
When one (I) to twenty (20) and every portion of twenty thereafter, Radiant
Mechanical Heaters, i.e. the Vai 6 type or radiant mechanical heaters of a similar
nature, are used, a Maintenance Engineer shall be employed at the rate of $36.22
per hour effective July 1, 2017.
(I) JOB-SITE PLANTS
There will be a Maintenance Engineer employed on the installation, maintenance and
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repair on a job site concrete plant when the plant utilizes any type loading device.
(m) Effective July I, 1982, all hydraulic cranes in excess of 35 ton capacity shall be manned by
two (2) men; one (I) Local 14 Engineer and one (I) Local 15 Maintenance Engineer.
ARTICLE V WAGES AND WORK COVERED
SECTION I. MAINTENANCE ENGINEERS
Installing, repairing, maintaining, dismantling (of all equipment including: Steel Cutting and
Bending Machines, Mine Hoists, Tower Cranes, Linden Peine, Lorrain, Liebherr, Mannes or
machines of a similar nature, Wellpoint Systems, Driving Maintenance Trucks and Truck¬
mounted Welding Machines) when three or more motorized concrete buggies (ride type) are
utilized on the jobsite, they shall be serviced, maintained and repaired by the Maintenance
Engineer. For Maintenance Engineers, the basic rate shall be as follows:
July I, 2017 $59.70
July I, 2018 $2.81*
July I, 2019 $2.81*
* Distribution to be made mutually between the Union and Employer at a future date.
SECTION IB. MAINTENANCE ENGINEERS
Operating, Installing, Repairing, Maintaining, Dismantling: (all pumps regardless of motor
power and size (except River Cofferdam Pumps and Wellpoint Pumps), Mechanical Heaters,
Generators, Concrete Mixers with Loading Device, Motor Generators when used for
temporary power and lights).
July I, 2017 $46.29
July I, 2018 $2.42*
July I, 2019 $2.42*
* Distribution to be made mutually between the Union and Employer at a future date.
SECTION IC. MAINTENANCE ENGINEERS ON RADIANT MECHANICAL
HEATERS
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Operating, Installing, Repairing, Maintaining, Dismantling: Radiant
Mechanical Heaters when used for temporary heat.
July I, 2017 $36.22
July I, 2018 $2.13*
July I, 2019 $2.13*
SECTION 2. APPRENTICE ENGINEERS AND OILERS
All gasoline, electric, diesel or air operated Gradalls, Concrete Pumps, Power Houses,
Driving Truck Cranes, Driving and Operating Fuel and Grease Trucks: their duties shall be to
assist the Engineer in oiling, greasing and repairing of all machines:
July I, 2017 $56.74
July I, 2018 $2.73*
July I, 2019 $2.73*
* Distribution to be made mutually between the Union and Employer at a future date.
SECTION 2B. APPRENTICE ENGINEERS AND OILERS
All gasoline, electric, diesel or air operated Cranes; Backhoes; Trenching Machines;
Gunite Machines; Compressors (3 or more in Battery); Overhead Cranes in Power Houses;
their duties shall be to assist the Engineer in oiling, greasing and repairing of all machines.
July I, 2017 $42.05
July I, 2018 $2.30*
July I, 2019 $2.30*
* Distribution to be made mutually between the Union and Employer at a future date.
ARTICLE VI FRINGE BENEFIT FUNDS
SECTION I. WELFARE FUND CONTRIBUTION
Commencing July 1, 20 1 7 and continuing through June 30, 2020, the Employer agrees to
pay the amounts indicated herein on the hours paid of the Employees covered under this
Agreement employed within the jurisdictional territory of the Union into a United States
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Treasury-approved Welfare Fund of the International Union of Operating Engineers, Local 15,
1 5A, (hereinafter “Welfare Fund”) to be administered by Trustees, one-half of whom shall be
designated by the Union and one-half by the Employers. Said Welfare Fund shall provide,
without further contributions from either the Employer or the Employee, an approved plan of
coverage as required by the New York State Disability Benefits’ Law.
SECTION 2. PENSION FUND CONTRIBUTION
Commencing as of July 1, 20 1 7 and continuing through June 30, 2020, the Employer
agrees to pay the amounts indicated herein on the straight-time payroll of the Employees
working under this Agreement employed within the jurisdictional territory of the Union into
an United States Treasury-approved Pension Fund of the International Union of Operating
Engineers, Local Union 15, I5A, (hereinafter “Pension Fund”) to be administered by Trustees,
one-half of whom shall be designated by the Union and one-half by the Employers.
SECTION 3. (a) COMPUTATION OF WELFARE AND PENSION FUND
CONTRIBUTIONS
Commencing July I, 2017 and continuing through June 30, 2020, contributions for the
Welfare Fund shall be as follows:
Eight Dollars ($8.00) per hour for each single time hour paid;
Sixteen Dollars ($ 1 6.00) per hour for each double time hour paid
Commencing July I, 2017 and continuing through June 30, 2020, contributions for the
Pension Fund shall be as follows:
Seven Dollars and Forty Cents ($7.40) per hour for each single time hour paid
No contribution shall be made on the premium portion of double time or overtime of the
payroll.
(b) COVERAGE OF ADDITIONAL EMPLOYEES UNDER THE WELFARE AND
PENSION FUND
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Every present and future salaried regular Employee of the Union, the Welfare Fund, the
Pension Fund, the Vacation Fund, the Annuity Fund, the Apprentice Fund and the Training Fund
may participate in the benefits provided herein for Employees of the Employer for whose
benefit the aforementioned contributions are made to the Welfare Fund and to the Pension
Fund provided that contributions at the rates hereinbefore stated are made to the Welfare
Fund and to the Pension Fund for or on behalf of said Employees of the Union, the Welfare
Fund, the Pension Fund, the Vacation Fund, the Annuity Fund, the Apprentice Fund and the
Training Fund by the respective Employers of said Employees on the basis of the actual hours
paid to them or the maximum rate required to be paid pursuant to this Agreement, whichever
is lower.
The Regional Director of the International Union of Operating Engineers for the New
York District and his staff may participate in benefits under the Joint Welfare Fund provided
contributions on their behalf are made by Local Union 1 5, 1 5A.
Coverage for the Employees of the Welfare Fund and Pension Fund may be indicated in
the records of the respective Funds without actual payment of contributions on their behalf.
SECTION 4. VACATION FUND/POLITICAL ACTION COMMITTEE
CONTRIBUTION
Commencing July I, 2017 and continuing through June 30, 2020, the Employer agrees to
pay the sum of:
*Four Dollars and Thirty Cents ($4.30) per hour for each single time hour paid;
(Includes Five Cents ($0.05) per hour for each single time hour paid for the Political
Action Committee Fund)
**Eight Dollars and Sixty Cents ($8.60) per hour for each double time hour paid;
(Includes Ten Cents ($0.10) per hour for each double time hour paid for the Political
Action Committee Fund)
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to each Employee covered by this Agreement working under the classification and
territorial jurisdiction of Local 15, I5A in stamps purchased from a United States Treasuryapproved International Union of Operating Engineers, Local 15, 15A Vacation Fund (hereinafter
“Local 15, ISA Vacation Fund”). Said stamps are to be placed in the Employee’s weekly pay
envelope and shall be cashed by Local 15, 1 5A Vacation Fund at such times as are designated
by the Trustees. Contributions of the Employer shall be used exclusively to provide benefits in
such amount or amounts as the Trustees of Local 15, 1 5A Vacation Fund may determine, as
well as for the organization and administration of the Local 15, 15A Vacation Fund. The Local
15, 1 5A Vacation Fund shall be administered jointly by Trustees, one-half of whom shall be
designated by Local 15, 1 5A and one-half by the Employers, pursuant to an Agreement and
Declaration of Trust.
SECTION 5. APPRENTICE AND TRAINING FUNDS’ CONTRIBUTION
Commencing July 1, 20 1 7 and continuing through June 30, 2020, the Employer agrees to
pay the sum of:
One Dollar ($ 1.00) per hour for each single time hour paid;
Two Dollars ($2.00) per hour for each double time hour paid;
to each Employee covered by this Agreement working under the classification and
territorial jurisdiction of Local 1 5, 1 5A in stamps purchased from an applicable governmentalapproved International Union of Operating Engineers, Local 15, 15A Apprenticeship, Skill
Improvement and Safety Fund (hereinafter “Apprentice Fund”). Said stamps are to be placed in
the Employee’s weekly pay envelope, and shall be remitted to the Apprentice Fund by the
Employee at such times as are designated by the Trustees. Contributions of the Employer shall
be used exclusively to provide benefits in such amount or amounts as the Trustees of the
Apprentice Fund may determine, as well as for the organization and administration of the
Apprentice Fund. The Apprentice Fund shall be administered jointly by Trustees, one-half of
whom shall be designated by Local 15, 15A and one-half by the Employers, pursuant to an
Agreement and Declaration of Trust.
SECTION 6. UNION ASSESSMENT
The Employer agrees that there has been deducted from the wages of each Employee
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covered by this Agreement working under any of the classifications as set forth in Article V
herein, and territorial jurisdiction of Local 15, 1 5A and paid to said Local 15, 1 5A after proper
execution by each Employee an authorization for the sum of:
July I, 2017 $2.72
July I, 2018 $ 0. 1 6 increase per year
July I, 2019 $ 0. 1 6 increase per year
which sums shall constitute a part of said Employee’s Local 15, 1 5A union dues.
Local 15, 1 5A agrees to indemnify and to hold harmless, the Employer from any and all
claims, actions and/or proceedings arising out of said dues checkoff.
SECTION 7. ANNUITY FUND CONTRIBUTION
Commencing July I, 2017 and continuing through June 30, 2020, contributions for the
Annuity Fund shall be as follows:
Twelve Dollars and Twenty Five Cents ($12.25) per hour for each single time
hour paid;
Twenty Four Dollars and Fifty Cents ($24.50) per hour for each double time hour
paid;
further distribution to be made mutually between the Union and Employer at a future
date to each Employee covered by this Agreement working under the classification and
territorial jurisdiction of Local 15, I5A in stamps purchased from a United States Treasuryapproved joint International Union of Operating Engineers, Local 15, I5A Annuity Fund
(hereinafter “Local 15, ISA Annuity Fund”). Said stamps are to be placed in the Employee’s
weekly pay envelope and shall be remitted to the Local 15, 1 5A Annuity Fund by the Employee
at such times as are designated by the Trustees.
Contributions of the Employer shall be used exclusively to provide benefits in such
amount or amounts as the Trustees of the Local 15, I5A Annuity Fund may determine, as well
as for the organization and administration of the Local 15, I5A Annuity Fund. The Local 15,
I5A Annuity Fund shall be administered jointly by Trustees, one-half of whom shall be
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designated by Local 15, I5A and one-half by the Employers pursuant to an Agreement and
Declaration of Trust. For the purpose of this Section 7, Local 15, I5A shall be considered a
contributing Employer and shall make contributions on behalf of its full-time Employees, who
are not members of another Union for Collective Bargaining purposes.
SECTION 8. MEDICAL REIMBURSEMENT
CommencingJuly I, 2017 and continuing through June 30, 2020, the Employer agrees to
pay the sum of:
One Dollar and Twenty Five Cents ($ 1.25) per hour for each single time hour
paid;
Two Dollars and Fifty Cents ($2.50) per hour for each double time hour paid;
to each Employee covered by this Agreement working under the classification and
territorial jurisdiction of Local 15, 15A in stamps purchased from an applicable governmentalapproved International Union of Operating Engineers, Local 15, ISA Medical Reimbursement
Fund (hereinafter “Medical Reimbursement Fund”). Said stamps are to be placed in the
Employee’s weekly pay envelope, and shall be remitted to the Medical Reimbursement Fund by
the Employee at such times as are designated by the Trustees. Contributions of the Employer
shall be used exclusively to provide benefits in such amount or amounts as the Trustees of the
Medical Reimbursement Fund may determine, as well as for the organization and
administration of the Medical Reimbursement Fund. The Medical Reimbursement Fund shall be
administered jointly by Trustees, one-half of whom shall be designated by Local 15, I5A and
one-half by the Employers, pursuant to an Agreement and Declaration of Trust.
SECTION 9. CONSOLIDATED STAMP
Payment to the Local 15, 1 5A Pension Fund, Welfare Fund, Vacation Fund, Annuity Fund,
Apprentice Fund, Medical Reimbursement Fund and Union Assessment, shall be by the
purchase of a consolidated stamp.
Fringe Benefit Payment – Payment of all Fringe Benefits will be by stamp.
Local 1 5 Members will comply by signing for receipt of their fringe benefit stamps to
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accurately reflect hours worked by the Employer.
SECTION 10. INDUSTRY ADVANCEMENT PROGRAM
Commencing July I, 2017, all Employers covered by this Agreement shall contribute fifty
($0.50) cents for each hour of employment of Engineers to the Industry Advancement Program
of the B.C.A. All Employer contributions to this Program shall be remitted to the Office of the
Welfare and Pension Funds, which shall provide the Employer with payroll reporting forms for
such purpose. The office of the Welfare and Pension Funds shall deliver all such contributions
to the Building Contractors Association Industry Advancement Program located at 45 1 Park
Avenue South, New York, New York 10016.
The Industry Advancement Program of the B.C.A. shall reimburse the Welfare and
Pension Funds all expenses incurred in receiving, recording, auditing, etc., in connection with
receipts and transmittal of these contributions. The monies shall not be commingled with the
Benefit Fund of this Union. The monies shall be remitted to the Industry Advancement
Program of the B.C.A. within fifteen (15) days after the end of each month.
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ARTICLE VII WORK STOPPAGE FOR DEFAULT IN
WELFARE AND PENSION CONTRIBUTIONS
Whenever an Employer is in default on payments to the Welfare and Pension Funds
referred to in Article VI of this Agreement and reasonable notice of such default is given to the
Employer, the Union may remove the Employees from the work of said Employer. If said
Employees who are removed remain on the work during regular working hours, they shall be
paid for lost time not to exceed three (3) days’ pay.
Each Employer’s book and payroll records shall be made available upon demand of the
Trustees, for audit and inspection by a representative of the Trustees at the reasonable
business hours.
ARTICLE VIII INSURANCE/INDEMNIFICIATION
SECTION I. INSURANCE
The Employer shall provide insurance in the amount of at least $ 1 00,000/$300,000 to
protect Employees covered by this Agreement from personal and public liability resulting from
his employment, other than actions of an Employee of the same Employer.
SECTION 2. Each Employer shall indemnify its Employees against any personal liability
and/or the legal fees incurred in defending against claims for personal liability arising out of the
Employees’ work specifically assigned by the Employer provided the negligence of the
Employee did not contribute in any way to personal liability.
SECTION 3. BINDING SUBCONTRACTORS AND OTHER FIRMS
The Employer stipulates that any firm engaging in building construction work within the
territory covered by this Agreement in which it has or acquires a financial interest or any
successor in interest, shall be bound by all the terms and conditions of this Agreement.
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ARTICLE IX TRADE AND JURISDICTIONAL DISPUTES
SECTION I. Work assignments to Locals 1 5 and 15A shall be made in accordance with
New York City Green Book decisions.
SECTION 2. If machinery or equipment that customarily falls within the craft jurisdiction
of Local 15 and I5A Engineers is modified and it then to be utilized on the project, such
modified machinery or equipment shall remain within the craft jurisdiction of Local 1 5 or 1 5A.
All work assignments relating to such modified machinery or equipment shall be made in
accordance with New York City Green Book decisions as if the machinery or equipment had
never been modified.
SECTION 3. If new machinery or equipment is to be utilized on a project by the
Employer, Local 1 5 or 1 5A is to be advised by the Employer on the proposed use of the new
machinery or equipment. The Employer also agrees that prior to designating or assigning any
employees to operate any new machinery or equipment, the Employer will meet with Local 15
or 15A for the purpose of discussing the manning of same.
SECTION 4. In the event of disputes between trades involving Local 15 or I5A and
disputes relative to questions of jurisdiction of trades involving Local 15 or I5A, such disputes
shall be settled in accordance with the “Plan for the Settlement of Jurisdictional Disputes in the
Construction Industry Including Procedural Pules & Regulations” (the “Plan”) or any successor
Plan, as administered from it current location of 900 Seventh Street, N.W., Suite 1000,
Washington, D.C. 20001; Fax (202) 775-1950. The procedural rules and regulations as
provided for in the Plan shall be followed for the purpose of settling the dispute. The
Employer does not agree, however, to settle any other jurisdictional disputes, other than those
involving Local 1 5 or I5A, pursuant to the Plan; nor to assign any work other than work
assignments to Local 15 or I5A in accordance with the New York City Green Book decisions.
ARTICLE X TRADE BOARD
SECTION I. All complaints, disputes and differences arising under this Agreement,
between any trade association and the Union or between any Employer and any Employee,
shall be referred first to the Joint Trade Board of the Trade affected. Should the Joint Trade
Board fail to reach a decision, the matter shall then be referred to an Umpire, as set forth in
Section 3 of this Article X. The Joint Trade Board, the Combined Trade Board and Umpire,
are hereby empowered to hear, adjust and decide the matter at issue, and a decision by any
one of these trade agencies shall be final and binding on all parties.
SECTION 2. Within three (3) weeks of the execution of this Agreement, the trade
association together with the Union, shall form a Joint Trade Board for its own trade to
exercise the powers enumerated in Section I above. This Board shall be known by the
following title:
THE BCA – 15/ 1 5A TRADE BOARD
The Joint Trade Board shall consist of not less than three (3) or more than five (5)
members to represent the Employers and an equal number to represent the Union. Members
shall be appointed or selected to serve not less than one (I) year. Any Board shall meet within
forty-eight (48) hours after a written request has been made to one side by the other to meet
for a specific purpose.
In voting, the Employers as such and the Union as such, shall each cast an equal number
of votes and in the event of a tie vote, or failure to reach a decision, the matter shall be
submitted within ten (10) days to the Umpire. Any and all expenses shall be equally divided
between and paid for by the parties to this Agreement.
SECTION 3. The Umpire shall be assigned on a rotating basis among the following
arbitrators: Ruth Raisfeld, Stan Aiges, John Crotty, and Richard Adelman. The deadlocked
disputes shall be assigned in alphabetical order among those listed in the preceding sentence,
and no arbitrator shall be assigned as Umpire a second time until all other arbitrators have
been so assigned.
SECTION 4. Any penalties which may result from such findings or decisions, are to be
determined and imposed by the Association or Union, as the case may be, to which the
member affected may belong.
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In WITNESS WHEREOF, the parties hereto have caused these presents to be signed
by their duly authorized representatives as of the I st day of July, 20 1 7.
INTERNATIONAL UNION OF
OPERATING ENGINEERS,
LOCAL 15, I5A
BY:
Thomas A. Callahan
President and Business Manager
Christopher R. Thomas
Recording Corresponding Secretary
THE BUILDING CONTRACTORS
ASSOCIATION, INC.
John O’Hare
Managing Director
BY:
Chairman of the Labor Committee
25
MEMORANDUM OFAGREEMENT
BETWEEN
THE BUILDING CONTRACTORS ASSOCIATION
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 15.15A, & 15D AFL-CIO
The BuildingContractors Association on behalf of its members (the employer) and
the InternationalUnion of OperatingEngineers Local15,15A &15D, AFL-CIO (“Local15”)
recently concluded negotiations for a new Collective BargainingAgreement to take effect
on July 1, 2026. In the course of these negotiations, The Building Contractors Association
and Local15 agree as follows:
1. This Memorandum of Agreement shall solely apply to members of The Building
Contractors Association who have authorized The Building Contractors Association
to negotiate on their behalf with Local15.
2. TERMS OF 2026-2031 COLLECTIVE BARGANING AGREEMENT: The terms of this
Memorandum of Agreement shallbe incorporated into a new collective bargaining
agreement which will be in effect from July1, 2026 through June 30, 2031, and shall
also include the terms of the 2006-2011 Collective BargainingAgreement, and the
2011-2014, 2014-2017, 2017-2020, 2020-2023, and 2023-2026 Memorandum of
Agreement.
3. WAGES/BENEFITS: FOR ALL CLASSIFICATIONS: AllLocal15 represented
OperatingEngineers covered by the agreement shallreceive the followingincreases
(allcalculated on the 2026 base) in the following contract years:
July 1,2026-3%
July1,2027-3%
July1,2028-3%
July 1,2029-3%
July 1,2030-3%
AllIncreases are based on the total wage and benefit package, non-compounded
for each of the five (5) contract years. The percentage increase shallbe allocated to
the wage rate or fringe benefit funds at the discretion of Local15.
4. Affordable Neighborhoods for New Yorkers Tax Incentive Program (“ANNY
Program”)
The parties to this Agreement hereby expressly waive the provisions of Paragraphs
(a), (b), (c), and (d) of Subdivision 3 of Section 485-xofthe New York RealProperty
Tax Law (“RPTL”), pursuant to Subdivision 3(i) of RPTL Section 485-x.
Allwages, benefits, and other terms and conditions of employment of Local15
represented Operating Engineers shallbe pursuant to the terms and conditions of
this agreement and the Collective Bargaining Agreement, includingfor those
projects eligible for tax benefits under the ANNY Program. Nothingin this clause
shallbe construedto waive any other provisions of the law or any rights underthis
agreement of the Collective BargainingAgreement, except as specifically stated
herein.
5. This is solely an amendment to the Collective BargainingAgreement betweenLocal
15 and The BuildingContractors Association. Allterms and conditions of the
Collective BargainingAgreement are applicable hereto and are in fullforce and
effecttherein, except as expressly modified by the terms of this agreement.
6. This Memorandum of Agreement may be executed in counterparts, each of which
willbe deemed an originaland allof which together willconstitute one and the
same document. Forthe purposes of execution, a signature transmitted by
facsimile or by computer file (such as a .pdf file) willbe deemed as valid as an
original.
7. RATIFICATION:
This Agreement Is subject to ratification by the Local15 membership.
AGREED TO ONBEHAB OF
THE BUILDI ClQRS ASSOCIATION
BY:
John Cn-laiT
ManagingDirector
BY:
Michael Varrone
Labor Committee Chairman
Dated
Dated
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL15, 15A, &15D, AFL-CIO
BY:
Thomas A. Callahan
President & Business Manager
Recording CorrespondingSecretary
Dated