AGREEMENT
BETWEEN
THE BUILDING CONTRACTORS ASSOCIATION, INC.
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCALIS’D – –
AFFILIATED WITH THE AFL-CIO
JULY 5, 2023, TO JUNE 30, 2026
MOA ATTACHED TO THE BACK OF THE AGREEMENT 7/1/2026-6/30/3031
TABLE OF CONTENTS
Page
ARTICLE I OBJECT I
ARTICLE II PRINCIPLES I
ARTICLE III TERRITORY COVERED 2
ARTICLE IV WORK COVERED 3
ARTICLE V HOURS i 4
ARTICLE VI WAGES AND CONDITIONS 4
ARTICLE VII FRINGE BENEFIT FUNDS 7
ARTICLE VIII WORK STOPPAGE FOR DEFAULT
IN WELFARE & PENSION CONTRIBUTIONS 12
ARTICLE IX VALIDITY 12
ARTICLE X TRADE AND JURISDICTIONAL DISPUTES 12
ARTICLE XI TRADE BOARDS 13
ARTICLE XII DRUG TESTING 14
ARTICLE XIII TERM – RENEWAL 14
This Agreement dated July I, 2023 between THE BUILDING CONTRACTORS
ASSOCIATION,INC., hereinafter known as Party of the First Part, and THE INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL I5D, affiliated with AFL-CIO, Washington,
D.C., hereinafter known as party of the Second Part.
ARTICLEI 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
Line and Grade Men and agree to employ such workers who are members in good standing of the
Union or who become members, thereof, seven (7) 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 S. 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 X and XI.
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 X and XI have been exhausted.
SECTION 6. Employers are at liberty to employ and discharge whomever they see fit, and the
Party of the First Part shall at all times be the sole judge as to the work to be performed and whether
such work performed by a member of the aforesaid Party of the Second Part employed by it, is or is
not, satisfactory.
SECTION1. 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 14- 14B
and Local IS, I5A, ISO have agreed to form a standing committee of three union and three
association representatives to begin meeting no later than October 1, 2020 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.
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 15- 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 IL NY STATE PAID SICK LEAVE
Local 1 5- 1 5A waives any right or entitlement for paid sick leave that may be
provided by any City, State or Federal law or regulation.
The Unions-acknowledge the provisions of the New York Sick Leave Act (Labor Law
sec.196-b) and further acknowledges that employees covered under this Agreement
receive comparable benefits in lieu of the sick leave through the signatory Employer’s
contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of
employees.
The Unions waive the provisions of the New York City Earned Safe and Sick Time Act
pursuant to NYC Admin. Code Section 20-916(a) and acknowledges that employees
covered under this Agreement receive comparable benefits in the form of the signatory
Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf
of employees
ARTICLE III TERRITORY COVERED
SECTION I. This Agreement shall apply to building construction work in the following areas:
New York (i.e., the borough of Manhattan, Bronx, Richmond, Queens and Brooklyn), Nassau, Suffolk,
Westchester, Putnam and that part of Dutchess County lying south of the North City Line of
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Poughkeepsie, New York. The Association shall provide the Union with a list of its members.
ARTICLE IV WORK COVERED
SECTION II. Building construction where referred to in this Agreement is hereby defined as the
erection of building projects.
SECTION 2. This Agreement shall apply to qualified Employees customarily and regularly
engaged in Field Survey work whether initial layout or checking.
SECTION 3. The Union will not interfere with the practices and customs of other Unions
affiliated with AFL-CIO and further shall not interfere with the work of registered Surveyors without
limiting the rights of the Union to organize such Registered Surveyors.
Employers reserve the right to subcontract Line and Grade work to contractors who are in Collective
Bargaining Agreements with Local I5D.
SECTION 4. The following definition of categories shall apply:
CHIEF OF PARTY: A Chief of Party is a Field Engineer who supervises and directs one party on any
one job. He is directly responsible for the layout from the taking of information from supplied
specifications and plans to the direction and actual performance of layout. He shall be able to read
plans and specifications, draw any additional sketches required for the performance of layout, develop
and maintain survey records, do the necessary computations, keep control of layout on the job and be
able to do the required duties of an Instrument Man and Rodman.
INSTRUMENT MAN: An Instrument Man is a Field Engineer who, under the direction of a Chief of
Party, performs layout and runs the instruments in a party. He shall be able to set up, operate and
make minor adjustments to surveying instruments, read plans and sketches and keep surveying records.
He shall be able to perform the duties of a Rodman.
RODMAN: A Rodman is a Field Engineer who holds the rod and generally assists other Field Engineers
(Party Chief, Instrument Man). He shall be able to operate surveying rods and be able to chain and
generally assist in doing layout.
SECTION 5. Nothing in this Agreement shall prevent an Employee of one category in Section 4
above from temporarily performing the duties of any other category and also from performing any
other duties when not engaged in Line and Grade work.
SECTION 6. All survey instruments such as transits, levels, theodolites, lasers, piezometers,
fathometers, distomats, geodometers and any similar E.D.M. equipment, used to establish, check or
maintain line and grade, and the setting up of any robotic and laser scanning survey equipment and all
GPS Survey Equipment shall be covered by Employees covered by this Agreement and shall be the
jurisdiction of Local I5D. The term survey instrument shall not be limited to the above-mentioned
equipment.
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SECTION 7. Job Targeting for heaters, Deep Wells and water pumps traditionally
maintained by Local 15.
ARTICLE V HOURS
SECTION I.
(a) Seven (7) hours shall constitute a day’s work. Thirty-five (35) hours shall constitute a week’s
work.
A seven (7) or eight (8) hour shift will be permitted at the contractors discretion as long as
it is determined at the commencement of the job.
If an Employee is laid off from his work assignment and said Employee or his replacement is
rehired by the Employer within five (5) consecutive working days, said Employee or any other Employee
shall be paid for the intermittent time during the layoff period.
(b) A single shift shall be seven (7) working hours starting at 8:00 a.m., meal time may be one
(I) hour or one-half (1/2) hour.
(c) When two (2) shifts are employed, the work period for each shift shall be six and one-half
(6 1/2) hours with pay for seven (7) hours.
(d) When three (3) shifts are employed, each shift will work six and one-half (6 1/2) hours but
will be paid for seven (7) hours, one-half (1/2) hour being allowed for mealtime.
(e) When two (2) or more shifts are employed, single time will be paid for each shift.
(f) A work week shall start at 8:00 a.m. Monday and end at 8:00 a.m. Saturday.
(g) Flexible start is 7:00 a.m. or 8:00 a.m. — All Engineers.
ARTICLE VI WAGES AND CONDITIONS
SECTION I. The rates of wages to be paid Employees covered by this Agreement shall be as
follows for the period July I, 2023 through June 30, 2024.
PARTY CHIEF
July I, 2023 $69.67
July I, 2024 $2.77*
July I, 2025 $2.77*
* Distribution to made mutually between the Union and the Employer at a future date.
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instbumentman
July I, 2023 $51.76
July 1,2024 $1.00*
July 1,2025 $1.00*
* Distribution to made mutually between the Union and the Employer at a future date.
RODMAN
July 1,2023 $31.90
July I, 2024 $1.00*
July I, 2025 $1.00*
* Distribution to made mutually between the Union and the Employer at a future date.
All the above rates are based on a thirty-five (35) hour week.
SECTION 2.
(a) Time and one-half shall be paid for all work performed in excess of seven (7) hours per day
and for all work performed in excess of thirty-five (35) hours per week and for the seven (7) hours of
work on Saturday. Double time shall be paid for all work in excess of seven (7) hours on Saturday and
for all work performed on Sunday and Holidays.
(b) It is agreed that Line and Grade men shall be employed at a straight-time weekly rate, except
at the start and finish of employment and on employment of one ( I ), two (2) or three (3) days duration
in any payroll week, when he shall be paid for actual days worked. On employment of four (4) day’s
duration in any payroll week, he shall be paid for a full week.
(c) It is agreed that the increases reflected in Section I will be given to all Employees covered
by this Agreement regardless of the fact that certain individual Employees are being paid over the
minimum rates of these classifications.
SECTION 3. HOLIDAYS
(a) The paid holidays to be observed are:
New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day (Decoration Day),
Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving
and Christmas Day.
All Employees covered by this agreement shall receive eight (8) hours pay at the
double time rate and the double time fringe if the said above-mentioned holiday is worked. If
the employee works four (4) days in the payroll week from a single employer and he or she
does not work the said holiday, the employee shall receive eight (8) hours straight time pay
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and eight-hour (8) holiday stamp.
There will be no benefit fund contributions on the Annuity, Vacation, Voluntary Annuity,
Apprentice and/or Training Funds, Medical Re-imbursement, PAC, Defense Fund or LMCT
funds.
Said member will receive a holiday stamp, which shall include welfare, pension and
supplemental dues only. When a member covered by this agreement is employed in a payroll
week with said holiday the member shall receive two (2) hours pay plus two (2) hour holiday
prorated stamp for each date worked in a payroll week (i.e.: one day – two (2) hours, two
days– four hours, three days– six hours, four days– eight hours). During the week of
Thanksgiving/Day After Thanksgiving holidays if both holidays are not worked, employees that
work one day in the payroll week shall receive 6 hours of holiday pay and five hours of holiday
pay for each additional day worked that week, not to exceed 1 6-hours of holiday pay.
Any of the aforementioned holidays that falls on a Saturday will be observed in accordance
with the New York State General Construction Law Article 2 Section 24.
When the holiday is worked, and the operating engineer is unable to work then only the
replacem’ent operating engineer receives holiday pay.
(b) If an Employee is ordered out and reports on a Saturday, Sunday or holiday, and his services
are not used, he shall receive four (4) hours’ pay at the appropriate rate for that day.
SECTION 4. There shall be a Party Chief in each field party.
SECTION 5. Engineers will snap all lines in connection with their own layout.
—SECTION6. ShouldthejobbecloseddownonThursdayorFridayfor alegalholidayorforany
other good or sufficient reason, then pay time shall stop on Tuesday of that calendar week at 3:30 p.m.
and wages shall be paid on Friday or Thursday, respectively, of the same week.
SECTION 7. If there is any change in the established pay day, a notice to that effect must be
posted on the job by the Employer, twenty-four (24) hours in advance of such change.
SECTION 8. If discharged during the week for any reason, men shall be paid at once on the job
site. All wages payable under this Agreement shall become due and be paid on the job every week.
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 a 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 . . i
banking day.
If for any reason the Employer terminates the service of any Employee working under this 1
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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 not to exceed three (3)
days’ pay, provided the Employee remains on the job during regular working hours of those three (3)
days.
SECTION 9. Neither party during the life of this Agreement, is to adopt By-laws or attempt to
enforce any working rule or regulation which is contrary to any of the clauses in this Agreement.
Neither shall either party attempt to enforce any working rules that have not been approved by the
Joint Trade Arbitration Board.
SECTION II 0. 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 I5D.
All concrete work performed in foundations such as footings or walls, shall be at
the heavy construction rate for eight (8) hours per day, forty (40) hours per week.
SECTION II. If it is necessary for an Employee covered by this Agreement to work in inclement
weather, the Employer shall furnish their Employees with adequate raingear, viz: hat, coat, pants and
boots.
SECTION 12. A man will not be required to walk more than 10 floors or 100 feet, whichever
occurs first, regardless of starting time.
SECTION 13. NYS WAGE THEFT
It is the intent of the Parties to waive the Labor Law Section 1 98-E,
pursuant to Labor Law Section 198-E (10).
ARTICLEVII FRINGE BENEFIT FUNDS
SECTION I. WELFARE FUND CONTRIBUTION
CommencingJuly I, 2023 and continuing through June 30, 2026, the Employer agrees to pay
the amounts indicated herein in Section 3(a) of this Agreement as amended in accordance with Article
VI, Section I on the payroll of the Employees covered under this Agreement employed within the
jurisdictional territory of the Union into a United States Treasury-approved Welfare Fund of the
International Union of Operating Engineers, Local 15, I5A, !5Cand I5D, (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
and the Employee, an approved plan of coverage as required by the New York – New Jersey State
Disability Benefits Law.
SECTION 2. PENSION FUND CONTRIBUTION
CommencingJuly 1, 2023 and continuing through June 30, 2026, 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 a United States Treasury
approved Pension Fund of the International Union of Operating Engineers, Local 15, I5A, I5C, I5D,
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(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.
(^COMPUTATION OF WELFARE AND PENSION FUND CONTRIBUTIONS
Commencing July I, 2023, and continuing through June 30, 2024, contributions for the Welfare Fund
shall be as follows:
Thirteen Dollars and Thirty Cents ($13.30) per hour for each single time hour paid;
Nineteen Dollars and Ninety-Five Cents ($19.95) per hour for each time and onehalf hour paid;
Twenty-Six Dollars and Sixty Cents ($26.60) per hour for each double time hour paid;
Commencing July I, 2023 and continuing through June 30, 2024, contributions for the Pension Fund
shall be as follows:
Seven Dollars and Sixty-Five Cents ($7.65) per hour for each single time hour paid;
** Any additional Increases in the Funds, shall come from negotiated increases due July I, 2024 and
July I, 2025.
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
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 15, ISA, I5C and I5D.
Coverage for the Employees of the Welfare Fund and Pension Fund may be indicated in the
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records of the respective Funds without actual payment on contributions on their behalf.
SECTION 4. VACATION FUND/POUTICAL ACTION COMMITTEE
CONTRIBUTION
Commencing July I, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum
of:
Five Dollars and One Cent ($5.01) 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.)
Seven Dollars and Fifty-One- and One-Half Cents ($7.5 15) per hour for each time and one-half hour paid
(includes Seven and One Half Cents ($0,075) per hour for each time and one half hour paid for the Political Action
Committee Fund)
Ten Dollars and Two Cents ($10.02) 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.)
** Any additional increases in the Funds, shall come from negotiated increases due July 1, 2024, and
July 1,2025.
to each Employee covered by this Agreement working under the classification and territorial jurisdiction
of Local 15 and I5A in stamps purchased from a United States Treasury-approved International Union
of Operating Engineers, Local 15, I5A, 15D Vacation Fund (hereinafter “Local 15, I5A, 15D Vacation
Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope and shall be cashed by
Local 15, I5A, I5D Vacation Fund at such times as 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, I5A, I5D Vacation Fund may determine as well as for the organization and administration of
the Local 15, I5A, I5D Vacation Fund. The Local 15, ISA, I5D Vacation Fund shall be administered
jointly by Trustees, one-half of whom shall be designated by Local 15, I5A, I5D and one-half by the
Employers, pursuant to an Agreement and Declaration of Trust.
SECTION 5. APPRENTICE AND TRAINING FUNDS’ CONTRIBUTION
CommencingJuly I, 2023 and continuing through June 30, 2024, the Employer agrees to
pay the sum of:
Ninety Cents ($0.90) per hour for each single time hour paid;
One Dollar and Thirty-Five Cents ($1.35) per hour for each time and one-half hour paid;
One Dollar and Eighty Cents ($1.80) per hour for each double time hour paid;
to each Employee covered by this Agreement workingunder the classification and territorial
jurisdiction of Local 15, I5A, I5D in stamps purchased from a governmental-approved International
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Union of Operating Engineers, Local 15, 15A, I5D 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 Local 15, I5A, I5D Apprentice Fund may determine as well as for the
organization and administration of the Local 15, I5A, 15D Apprentice Fund. The Local 15, ISA, I5D
Apprentice Fund shall be administered jointly by Trustees, one-half of whom shall be designated by
Local 15, I5A, 15D and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.
In addition to the above, the Employer agrees to pay to the Training and Retraining Program
an additional Ten Cents ($0.10) per hour for each hour paid. This Ten Cents ($0.10) per hour will be
used to meet the demands set forth by the United States District Court for the purpose of training and
retraining minority members described in said order. Active members of Local 15, I5A, I5D, pursuant
to the order of the Federal Court, shall be able to participate in this Training and Retraining Program
in recognition of their existing contribution of Twenty Cents ($0.20) per hour. The total contribution
of Thirty Cents ($0.30) per hour shall be included in the Fringe Benefit Stamp.
SECTION 6. ANNUITY FUND CONTRIBUTION
CommencingJuly 1, 2023 and continuing through June 30, 2024, the Employer agrees to pay
the sum of:
Thirteen Dollars and Five Cents ($13.OS) per hour for each single time hour paid;
Nineteen Dollars and Fifty-Seven and One-Half Cents ($19,575) per hour for
each time and one-half hour paid;
Twenty-Six Dollars and Ten Cents ($26.10) per hour for each double time hour paid;
** Any additional increases in the Funds, shall come from negotiated increases due July I, 2024 and
July 1,2025.
to each Employee covered by this Agreement working under the classification and
territorial jurisdiction of Local 15, 15A, I5D in stamps purchased from a United States Treasury
approved joint International Union of Operating Engineers, Local 15, I5A, I5D Annuity Fund
(hereinafter “Annuity Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope and
shall be remitted to the Local 15, I5A, I5D 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, I5D Annuity Fund may determine as well as
for the organization and administration of Local 15, I5A, 15D Annuity Fund. The Local 15, I5A, I5D
Annuity Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local
15, 1 5A, 15D and one-half by the Employers pursuant to an Agreement and Declaration of Trust. For
the purpose of this Section 6, the Union, Pension and Welfare Funds, Vacation Fund and Apprenticeship
Training Fund shall be considered contributing Employers and may make contributions on behalf of
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their full-time Employees who are not members of another union for collective bargaining purposes.
SECTION 7. UNION ASSESSMENT (SUPPLEMENTAL DUES)
The Employer agrees that there has been deducted from the wages of each Employee covered by this
Agreement working under any of the classifications as set forth in Article VI herein and territorial
jurisdiction of Local 15, I5A, I5D and paid to said Local 15, ISA, I5D after proper execution by each
Employee an authorization for the sum of:
Effective July I, 2023 through June 30, 2024:
Three Dollars and Eighteen Cents ($3.18) per hour for each single time hour paid; –
Four Dollars and Seventy-Seven Cents ($4.77) per hour for each time and one-half hour paid;
Six Dollars and Thirty-Six Cents ($6.36) per hour for each double time hour paid;
The membership voted to increase the Supplemental dues portion of the fringe
benefit stamp $0.14 per hour October I, 2006 and each year hereafter,
July 1, 2024 through June 30, 2025: Increase of $0.14
July I, 2025 through June 30, 2026: Increase of $0.14
which sums shall constitute a part of said Employee’s Local 15, I5A, I5D Union Dues.
Local 15, 15A, 1 5D agree to indemnify and to hold harmless the Employer from any and all claims,
actions and/or proceedings arising out of said dues checkoff.
SECTION 8. CONSOLIDATED STAMP
Payment to the Local 15, I5A, I5D Pension Fund, Welfare Fund, Vacation Fund, Annuity
Fund, Apprentice 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 15 Members will comply by signing for receipt of their fringe benefit stamps to accurately
reflect hours worked by the Employer.
SECTION 9. INDUSTRY ADVANCEMENT PROGRAM OF THE BUILDING
CONTRACTORS ASSOCIATION, INC.
Commencing July I, 2023, all Employers covered by this Agreement shall contribute Fifty
Cents ($0.50) for each hour of employment of Engineers by separate check to the Industry
Advancement Program of the Building Contractors Association, Inc.
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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 Industry
Advancement Program of the Building Contractors Association, Inc. located at 45 1 Park Avenue South,
New York, NY 10016.
The Industry Advancement Program of the Building Contractors Association, Inc. 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 Funds of this Union. The monies shall be remitted to the Industry Advancement
Program of the Building Contractors Association, Inc. within fifteen (15) days after the end of each
month.
ARTICLE ViaB WORK STOPPAGE FOR DEFAULT IN
WELFARE & PENSION CONTRIBUTIONS
Whenever an Employer is in default on payments to the Welfare and Pension Funds referred
to in Article VII 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 books 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 IX VALIDITY
Any provision of this Agreement which provides for Union Security or employment in a
manner and to an extent prohibited by any law or the determination of any governmental board or
agency, shall be and hereby is of no force or effect during the term of any such prohibition. It is
understood and agreed, however, that if any of the provisions which hereby declared to be of no force
or effect because of restrictions imposed by law is or are determined either by Act of Congress or
other legislative enactment or by a decision of the court of highest recourse to be legal or permissible,
then any such provisions shall immediately become and remain effective during the remainder of the
term of this Agreement. In the event that there shall be changes in applicable laws as to Union Security,
the Parties shall renegotiate any provisions concerning Union Security.
ARTICLE X TRADE AND JURISDICTIONAL DISPUTES
SECTION I. Work assignments to Local 15D 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 I5D 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 15D. All work assignments relating to such
modified machinery or equipment shall be made in accordance with New York City Green Book
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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 5D 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 15D for the purpose of discussing the manning of
same.
SECTION 4. In the event of disputes between trades involving Local 15D and disputes relative
to questions of jurisdiction of trades involving Local 150, such disputes shall be settled in accordance
with the “Plan for the Settlement of Jurisdictional Disputes in the Construction Industry Including
Procedural Rules & 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 I5D, pursuant to the Plan; nor to assign any work other
than work assignments to Local I5D in accordance with the New York City Green Book decisions.
ARTICLE XI TRADE BOARDS
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 2 of this Article XI. The Joint
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 Building
Contractors Association, Inc. together with the Union, shall form a Joint Trade Board to exercise the
powers enumerated in this Article. This Board shall be known by the following title:
THE BCA – I5D TRADE BOARD
The Joint Trade Board shall consist of members as designated by the Building Contractors
Association, Inc. 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 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.
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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.
Any Employer member of a Trade Board directly involved in any case brought before this
Board, shall withdraw from the Board until the case is settled and an alternate shall be selected by the
remaining Employer members to fill the temporary vacancy.
Any Union member of a Trade Board directly involved in any case brought before the Board,
shall withdraw from the Board until the case is settled and an alternate shall be selected by the remaining
Union members to fill the temporary vacancy.
SECTION 5. The Trade Association will provide the Union with a list of its members who have
designated the Trade Association as its bargaining agency and who have agreed to be bound by the
terms and conditions of this Collective Bargaining Agreement. In addition, the Trade Association will
notify the Union of any changes in membership either by the addition of new members or the dropping
of members during this Agreement. It is further agreed that all Employer members of the Trade
Association are bound by this Collective Bargaining Agreement and entitled to its benefits until its
termination date whether or not they retain their membership in the Trade Association for the full
period of this Agreement.
ARTICLE XII DRUG TESTING
SECTION I, Effective July I, 2023, the parties agree to administer a mutually acceptable drug
testing procedure at the Employer’s expense when required by an owner or developer.
ARTICLE XIII TERM – RENEWAL
SECTION I. This Agreement retroactive from July I, 2023 shall continue in effect until and
including June 30, 2026 and during each year thereafter unless on or before the fifteenth (15) day of
March, 2026 or on or before the fifteenth (15) day of March any year thereafter, written notice of
termination or proposed change shall have been served by either party on the other party.
In the event that written notice shall have been served, an Agreement supplemental hereto,
embodying such changes agreed upon shall be drawn up and assigned by June 30th of the year in which
the notice shall have been served.
It is agreed by all parties to this Agreement that all desired changes to the Agreement will
be exchanged sixty (60) days prior to the expiration of this Agreement, providing it is agreed that a
proposed contract change after that date may be proposed.
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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 1st day of July, 2023.
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL I5D
BUILDING CONTRACTORS
ASSOCIATION
Thomas A. Callahan ,
President and Business Manager
Recording Corresponding Secretary
Managing Director
15
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 Operating Engineers 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 shallsolely apply to members of The Building
Contractors Association who have authorized The BuildingContractors Association
to negotiate on their behalf with Local15.
2. TERMSOF 2026-2031 COLLECTIVE BARGANING AGREEMENT:The terms of this
Memorandum of Agreement shallbe incorporated into a new collective bargaining
agreement which willbe in effect from July 1, 2026 through June 30, 2031, and shall
also include the terms of the 2006-2011 Collective Bargaining Agreement, 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%
July 1,2027-3%
July 1,2028-3%
July 1,2029-3% –
July 1,2030-3%
Allincreases are based on the totalwage 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-x of the New York Real Property
Tax Law (“RPTL”), pursuant to Subdivision 3(f) of RPTL Section 485-x.
Allwages, benefits, and other terms and conditions of employment of Local15
represented Operating Engineers shallbe pursuantto 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 construed to 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 between Local
15 and The Building Contractors Association. Allterms and conditions of the
Collective Bargaining Agreement are applicable hereto and are in fullforce and
effect therein, 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 andthe
same document. For the 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 ONBEHALF OF
THE BUILD CTORS ASSOCIATION
BY:
John
ManagingDirector
BY:
MichaelVarrone
Labor Committee Chairman
Dated
Dated
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 15, 15A, & 15D, AFL-CIO
Thomas A. Callahan
Presidents Business Manager
Recording CorrespondingSecretary
Dated
Dated