LOCAL 282
International Brotherhood of Teamsters
HIGH-RISE CONTRACT
2022 – 2026
BUILDING CONTRACTORS ASSOCIATION
AND
INDEPENDENTS
Local 282, 1.B.T.
2500 Marcus Avenue
Lake Success, New York 11042
(718) 343-3322 (516) 488-2822
TABLE OF CONTENTS
Page
SECTION I. DURATION OF AGREEMENT 1
SECTION 2. OBJECTS 1
SECTION 3. EMPLOYERS BOUND-ASSOCIATION AUTHORIZATION 1
SECTION 4. GEOGRAPHICAL JURISDICTION 2
SECTION 5. UNION RECOGNITION 2
SECTION 6. HEAVY CONSTRUCTION WORK 3
SECTION 7. HOURS OF WORK AND OVERTIME 3
SECTIONS. HOLIDAYS 4
SECTIONS. WAGES 5
SECTION 10. WORK PRESERVATION 5
SECTION 1 1. REGULAR PAY DAYS AND WAITING TIME PAY 8
SECTION 12. UNION BUSINESS REPRESENTATIVES 8
SECTION 13. NON-DISCRIMINATION 8
SECTION 14. POLYGRAPH TESTING 8
SECTION 15. DISCIPLINARY ACTION 9
SECTION 16. TRADE BOARD 9
SECTION 17. JURISDICTIONAL DISPUTE RESOLUTION PROCEDURE 10
SECTION 18. WELFARE, PENSION, ANNUITY
AND JOB TRAINING TRUST FUNDS 11
SECTION 19. SURETY BOND 12
SECTION 20. INDUSTRY ADVANCEMENT PROGRAM 13
SECTION 21. CHECK-OFF 13
SECTION 22. D.R.I.V.E 14
SECTION 23. SENIORITY 14
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SECTION 24. BEREAVEMENT LEAVE 15
SECTION 25. FEDERAL AND STATE LAWS 15
SECTION 26. SITE COORDINATOR 15
SECTION 27. MATERNITY LEAVE 18
SECTION 28. SCAN IN/SCAN OUT 19
SECTION 29. SHOP STEWARD 19
SECTION 30. AUTHORITY OF UNIT EMPLOYEES, INCLUDING SHOP
STEWARDS AND ON-SITE SHOP STEWARDS 19
SECTION 31. RESPONSIBILITY FOR VEHICLES 19
SECTION 32. PROTECTION OR RIGHTS 20
SECTION 33. DOUBLE BREASTED OPERATION 20
SECTION 34. SCOPE OF AGREEMENT 20
SECTION 35. NAME ON VEHICLE 20
SECTION 36. MOST FAVORED NATIONS 20
SECTION 37. DRUG AND ALCOHOL TESTING 21
SECTION 38. LOCAL 282 LABOR-MANAGEMENT EMPLOYEE
ASSISTANCE PROGRAM 21
SECTION 39. JOINT ADVISORY COMMITTEE 22
SECTION 40. PROJECT LABOR AGREEMENTS/SITE SPECIFIC
AGREEMENTS 22
SECTION 41. PAID SICK LEAVE WAIVER 22
SECTION 42. VALIDITY 22
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HIGH RISE CONTRACT
BUILDING CONTRACTORS ASSOCIATION AND INDEPENDENTS
2022-2026
AGREEMENT made and entered into by and between the Employers described
herein and LOCAL NO. 282, affiliated with the INTERNATIONAL BROTHERHOOD OF
TEAMSTERS (hereinafter called the “Union”).
SECTION 1. DURATION OF AGREEMENT
This Agreement shall take effect July I, 2022 and shall remain in full force and
effect until June 30, 2026.
SECTION 2. OBJECTS
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 peaceful 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.
SECTION 3. EMPLOYERS BOUND-ASSOCIATION AUTHORIZATION
A. This Agreement covers all Employers in the High-Rise Industry consisting of
general contractors and subcontractors who sign this Agreement or who are properly bound by
an authorized Association.
B. The Building Contractors’ Association (“BCA”) and any other association of
Employers which may become party hereto (hereinafter referred to as the “Association”) have
entered into this Agreement on behalf of itself and all of its members.
C. The Association will provide the Union with a list of its members who have
designated the Association as their bargaining agent, and who have agreed to be bound by the
terms and conditions of this collective bargaining agreement. In addition, the Association will
notify the Union of any changes in membership, either by the addition of new members of the
dropping of members during the period of this Agreement. It is further agreed that all Employer
members of the Association are bound by this collective bargaining agreement in all respects
until its termination date, whether or not they retain their membership in the Association for the
full period of the Agreement.
D. (1) This Agreement shall apply to all present and future operations in the
building construction and renovation industry in Ute area of the Union’s jurisdiction (NYC,
Nassau and Suffolk Counties) by the Employer, or by any other business entity substantially
owned or controlled by the Employer or by any person or persons who substantially own or
control the Employer, whether such ownership or control is direct or indirect.
(2) Each Employer covered by this Agreement shall notify the Union in
writing, no later than five (5) days after execution of this Agreement, of all companies, business
or operations in the industry covered by this Agreement in which the Employer (or any owner,
principal or manager of the Employer) has a substantial ownership or managerial interest as of
July 1, 1987 and shall notify the Union in writing of any such interest obtained subsequent to July
1, 1987 no later than five (5) days after so obtained.
(3) This Agreement shall be binding upon the parties hereto, their successors,
administrators, executors and assigns. In the event the entire operation or any part thereof is
sold, leased, transferred or taken over by sale, transfer, lease, assignment, receivership or
bankruptcy proceedings, (said purchaser, lessee, transferee, assignee, administrator, executor,
receiver, hereafter referred to as “successor”), the Employees of the Employer affected shall be
employed by the successor and such operation or part thereof shall continue to be subject to the
terms and conditions of this Agreement for tire life thereof. If the successor does not have a
collective bargaining agreement with Local 282 at the time of the transaction, the Employees
employed by the successor pursuant to tire terms of this Section shall be maintained by tire
successor as a separate collective bargaining unit, and shall not be integrated with any other
Employees, whether or not he successor’s Employees are represented by any other labor
organization. The Employer shall give notice of the existence of this Agreement to any potential
successor. Such notice shall be in writing, with a copy provided to the Union, prior to the time
tire Employer executes a contract or transaction as herein described with any successor. The
Union shall also be advised of the exact nature of the transaction, not including financial details.
No transaction described herein shall become effective unless and until the Union has been
notified in writing by the Employer and the successor that the successor has agreed to assume the
obligations of this Agreement.
(4) It is the intent of this provision to extend coverage of this Agreement to
the maximum extent permissible, and to prevent any escape or evasion of this Agreement by any
means, however sophisticated, and whether or not motivated by legitimate business reasons.
SECTION 4. GEOGRAPHICAL JURISDICTION
This Agreement shall apply only to the following territory within the State of
New York: the five counties within the City of New York and the adjacent counties of Nassau
and Suffolk.
SECTION 5. UNION RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining agent
for all chauffeurs, drivers and full-time warehousemen. All Employees who are members of the
Union at the time of the signing of this Agreement shall continue membership in the Union as a
condition of continued employment. All other Employees must become members of the Union
after seven (7) days following the beginning of employment, or the effective or execution date of
this Agreement, whichever is later, and must maintain their membership in the Union as a
condition of continued employment.
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It is understood and agreed that the following Employees are not covered by this
Agreement:
Maintenance personnel and equipment.
supervisory personnel and equipment.
Surveying personnel an equipment.
Management personnel and equipment.
Personnel of the Employer moving from one jobsite to another with hand tools.
SECTION 6. HEAVY CONSTRUCTION WORK
If tire Employer performs work as a heavy construction or excavating contractor,
then the Employer, when performing such work, shall comply with the provisions contained in
the Local 282 New York City Heavy Construction and Excavating Contract, except that if the
Employer is performing such work in either Nassau or Suffolk County, then the Employer shall
comply with the provisions of the Nassau/Suffolk Heavy Construction and Excavating Contract.
The New York City Heavy Construction and Excavating Contract and the Nassau/Suffolk Heavy
Construction and Excavating Contract are incorporated herein by reference.
SECTION 7. HOURS OF WORK AND OVERTIME
A. It is agreed by and between the parties hereto that eight (8) hours all constitute a
full day’s work, exclusive of meal periods, and no Employee shall be employed for less than
eight (8) hours in any day. Overtime shall be paid at a rate of time and one-half (1-1/2).
Employees who begin to work on a Sunday will be guaranteed eight hours (8) pay at double
time. Employees who begin to work on a Saturday will be guaranteed eight (8) hours pay at one
and one-half times the regular rate of pay time is to be taken when arriving at commencement of
work and computed when leaving at the end of the day. Employees shall have one (1) hour for
lunch or one-half (/2) hour when the latter condition prevails at the jobsite.
B. Starting time shall be either 7:00 A.M. or 8:00 A.M.; the precise start time for a
particular project shall be established at a pre-job conference between the Union and the
Employer. Work in excess of eight (8) hours in any one day shall be paid for at the overtime
rate, to be computed in one-half (14) hour intervals. The Employer may schedule a start time
other than 7:00 A.M. or 8:00 A.M. if it is directed to do so by the New York City Department of
Buildings, or other New York State or New York City agency; in that event, the OSS shall be
paid at tire applicable rate for the first eight (8) hours of his/her workday. Each Employee must
be at tire job no later than the established starting time.
The Employer shall notify an Employee before he leaves work if he is to shape
earlier than the established project start, except in an emergency. An Employee, notified to
shape earlier than the established project start time, and who does shape, shall be guaranteed
overtime for the time between the shape and the established project start time, plus the regular
eight (8) hours for that day.
C. (1) Special Condition Starting Time. The Employer may propose the
establishment of a difference schedule of starting times and/or shift assignments if special job
conditions are such that such different schedules are necessary and shall justify such proposal
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together with its effect upon maximization of job opportunities, reduction and protection of
Labor Standards. The Union’s decision to accept or reject such proposal shall be final and not
subject to arbitration.
(2) Shift Work. The Union and tire Employer shall agree on start times for
work requiring more than one shift. On projects with two shifts, each assigned OSS shall work
eight hours, with an unpaid /2 hour lunch break. On projects with three shifts, the OSS assigned
to the first shift shall work eight hours with an unpaid ‘/2 hour lunch break (e.g., 7:00 a.m. to 3:30
p.m.); the OSS assigned to the second shift shall work seven and one-half and shall be afforded a
paid ’A hour lunch break {e.g., 3:30 p.m. to 11:30 p.m.); the OSS assigned to the third shift shall
work seven hours and shall be afforded a paid one-half hour lunch break {e.g., 11:30 p.m. to 7:00
a.m.); in addition the seventh hour of the third shift shall be paid at time and one-half the regular
hourly rate of the OSS.
D. Alteration Repair Work. When it is not possible to conduct alteration or repair
work during regular working hours in an occupied building, said work shall proceed on a straight
time basis at odd horns with a minimum of eight (8) consecutive hours. However, when an
Employee works over eight hours in any twenty-four (24) hour period, the time after eight hours
shall be considered overtime. Proper notice shall be given to the Union of the facts and
circumstances prior to the performance of work outside of normal working hours.
E. Interior Renovation. Notwithstanding any provisions in this Agreement to the
contrary, an Employee assigned to interior renovation work, as it is defined in Section 26, shall
be paid time and one half (1-1/2) for work perforated on Saturday, Sunday or on a holiday.
SECTION 8. HOLIDAYS
The days which are to be observed as holidays under this Agreement shall be as
follows:
New Year’s Day Fourth of July
Martin Luther King’s Birthday Labor Day
President’s Day Thanksgiving Day
Memorial Day Christmas Day
Although holidays are hereby designated, it is understood that whatever holidays may be
prescribed by governmental authority (State and Federal), shall be regarded as holidays.
All Employees who work at least two (2) days in the payroll week in which any
of the above holidays occur shall be paid for such holiday.
Employees who work on holidays shall be paid at the rate of double time.
Paid holidays shall be included for purposes of vacation credit.
Employees employed on December 24 and December 31 who report for work on
such days shall be paid afternoon holiday pay of four (a) hours each day. In the event the
Employer is contractually obligated with the person, partnership or corporation for whom the
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Employer is perforating construction work to close down his job operations on religious holidays
of any of three major faiths, Catholic, Protestant or Jewish, the Employer may shut down and his
Employees shall receive no pay on the days in question, provided that at the time the Employer
first requests or obtains Employees from the Union to man the said job or assigns Employees
presently on his payroll to perform work on the job in questions, the Employer notifies the Union
and the men of such job requirements. The provisions of this paragraph shall not apply,
however, to the paid holidays set forth in this Article.
SECTION 9. WAGES
All employees are to be paid the following hourly wages:
Effective Per Hour 8 Hour Day 40 Hour Wee:
July 1, 2022 $58.62 $468.96 $2,344.80
July 1, 2023 $61.04 $488.32 $2,441.60
July 1, 2024 $62.96 $503.68 $2,518.40
July 1,2025 **
There is an economic increase of $3.17 per hour scheduled to become effective July 1, 2025.
The wage rates effective July 1, 2025 shall be as determined by the Union upon allocation of the
scheduled increase, after the rates required for the Local 282 Welfare Trust Fund and the Local
282 Pension Trust Fund become actuarially determined.
SECTION 10. WORK PRESERVATION
A. It is the intent of this Agreement that, to the maximum extent legally permissible:
(1) All present work in tire bargaining unit shall be preserved;
(2) All work previously in the bargaining unit which is no longer in the
bargaining unit shall be recaptured;
(3) All work which is fairly claimable for the bargaining unit shall be covered
by this Agreement.
B. In view of the different situations affecting individual Employers covered by this
Agreement, it is understood that the specific application of the above intent to each Employer
shall be in accordance with the following principles.
(1) The driving of all trucks owned, operated or under the control of the
Employer shall be performed by Employees of the Employer and covered by this Agreement.
The Union will not claim jurisdiction over station wagons, pick-up trucks, or light panel trucks to
tire extent that such vehicles are driven by executives, administrative staff, field supervisors,
foremen, field engineers, watchmen, timekeepers, checkers, or cost engineers, who use such
vehicles for personal transportation and transportation of personal property and their hand tools
only. The Union will not claim jurisdiction over those vehicles which, are driven by mechanics
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and skilled tradesmen incidental to the trade itself with their hand tools of their trade only. In no
event will men, material or equipment be transported in such vehicles.
(2) The performances of all on-site truck driving on any construction job site,
in connection with work which the Employer is contracted to be responsible for, manage, or
perform shall be done by Employees of the Employer and covered by this Agreement. If the
Employer shall contract or subcontract the job site work covered by this Agreement, provision
shall be made in writing (with a copy thereof immediately provided to the Union) requiring
observance and compliance by said contractor or subcontractor with the full terms of this
Agreement: In addition, the Employer shall make certain that the provisions of this Agreement,
regarding job site work to be performed by bargaining unit Employees, shall be a condition of
any supply contract entered into by the Employer, contractor or subcontractor.
(3) Any person, including but not limited to vendors, contractors,
subcontractors, construction managers or agents thereof, who makes a delivery to or pick-up
from a construction job site, of materials, supplies or equipment in connection with work which
the Employer is contracted to be responsible for, manage or perform and who, in addition to such
delivery or pick-up, performs any on-site work shall be bound to observe the terms of this
Agreement, regardless of past practice or custom. Whenever a designated location has been
established, in accordance w’ith Section 26 of this Agreement, Employees covered by this
Agreement shall perform any loading or unloading or pick-ups or deliveries that take place at
such designated locations, as well as all transportation of materials, supplies and equipment
between tire designated locations within the jobsite.
(4) In order to preserve work and area standards in the construction industry,
the Employer shall ensure that with respect to work for which tire Employer is contracted to be
responsible, to manage or to perform, ready-mixed concrete deliveries and dump truck hauling to
and from the jobsite shall be performed by employers whose drivers at all times receive wages,
benefits and working conditions no less favorable than those set forth in the applicable industry
CBA of Local 282 or other appropriate IBT local.
(5) If any other labor organization claims jurisdiction over any work required
by this Agreement to be performed by Employees covered by this Agreement, the Union will
proceed diligently to process the dispute through the New York Plan; pending final resolution of
the dispute, the Employer shall assign an Employee covered by this Agreement to perform the
work in question, whether or not any contractor or subcontractor refuses to comply with its
obligation.
(6) All of the Employer’s own trucking requirements (other than those
covered in paragraph 2 relating to on-site trucking) must be performed by Employees of the
Employer covered by this Agreement, provided that the Employer may hire trucks from, or
contract or subcontract such work to, an Employer whose Employees enjoy not less than all the
economic benefits and conditions of employment set forth in this Agreement, said economic
benefits and conditions to be construed in the broadest manner legally permissible.
(7) Notwithstanding paragraphs 2 and 3, the Employer may not hire outside
manned trucks, or contract or subcontract any trucking, until the peak number of Employees on
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the Employer’s seniority list between July 1, 1971 and July 1, 1972 have been afforded the
opportunity to work. If any of the Employees on the Employer’s seniority list are laid off, they
shall be recalled by written notice prior to any such hiring, contracting or subcontracting. If any
of the Employees on the seniority list of the Employer terminate their employment for any
reason whatever, the number of Employees necessary to maintain the lasts of its HHIX-IIMH
peak strength, must be hired and employed prior to any such hiring, contracting or
subcontracting.
This clause shall not apply to the hiring of outside manned special
vehicles, which are not available on an unmanned rental basis, provided that such vehicles may
not be used to perform work which may be performed by the Employer’s own vehicles or by
hired, unmanned vehicles, and provided further that any such hired, manned special vehicles
must be hired from Employers whose Employees receive economic terms and conditions of
employment at least equal to those in this Local 282 High Rise Agreement unless none such are
available after the Union has been contacted as to the need.
(8) Every Employer who accepts a job, whether as General Contractor,
Construction Manager (however described), prime contractor, or subcontractor, shall
immediately notify the Union of the job. It is tire responsibility of the contractor to substantiate
the value ofits contract.
The underlying principle shall be to provide maximum job opportunities
for the Employees of the Employer covered by this Agreement, then to the .maximum extent
permissible under law, to provide maximum job opportunities for all Employees in the multi¬
employer collective bargaining unit covered by this Agreement.
The Employer and the Union shall discuss the lawful implementation of
this job protection provision, and shall reduce their Agreement to writing. If Agreement cannot
be reached, the matter shall be submitted to arbitration under the terms of this Agreement.
The character and/or amount of work demanded by an employer shall not
be unreasonable nor shall it be restricted by the Union, its representatives or members. The
Employer shall designate a person or persons in his employ who are authorized to issue
directions and assignments to tire chauffeurs and drivers and these Employees shall not take
directions from any other titan a duly authorized representative of an Employer. Employees shall
at all times observe and comply with all general conditions pertaining to the jobsite and with all
safety policies adopted by the Building trades Employer’s Association.
(9) The Employer agrees that all containers utilized on the jobsite for the
removal of excavated material, construction debris and materials shall be driven by persons
covered by this Agreement when boxes or containers are delivered to the jobsite by persons not
receiving wages or obtaining conditions that are equal to or higher than those contained herein,
said boxes or containers shall be manned by an Employee of the Employer covered by this
Agreement, so long as tire boxes or containers are being used on the jobsite.
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(10) The Employer will not participate in any fashion, in any scheme, device or
plan (either directly or indirectly through relatives, business associates or Employees) to defeat
tire terms and intent of this Section.
SECTION 1 1 . REGULAR PAY DAYS AND WAITING TIME PAY
All wages payable under this Agreement shall become due on or before the end
of the working day on Friday of each work week. Said wages are to be paid, at the Employer’s
option, either in cash in envelopes, upon the outside of which shall be plainly marked the
Employer’s name, the Employee’s name and number, the Employee’s. Social Security number,
the hours worked and the amount of money enclosed, or by check provided the check is a Todd
Insured ABC System Payroll check, or similar type of check, containing the same above
information as is contained on the pay envelope, and that delivery of the decks to the Employees
shall be made at least on the day preceding a banking day.
If, for any reason, an Employer terminates the services of any Employee working
under this Agreement, then the accrued wages of the Employee shall be paid to him at the time
of his termination of employment; otherwise, waiting time shall be charged for accrued wages.
If an Employee shall, of his own violation, leave the services of an Employer, then the Employer
may retain his wages until the next pay day. Employees shall be entitled to waiting time if not
paid on regular pay day within working hours, said waiting time not to exceed eight (8) hours.
This Agreement is based on the principle that an Employer is entitled to eight (8)
hours actual work for eight hours pay. Any unreasonable failure to work these hours gives an
Employer the right to pay only for the hours actually worked. Each Employee must be at the job
site not later than tine established starting time and must remain at the job site performing his
assigned tasks until quitting time.
SECTION 12. UNION BUSINESS REPRESENTATIVES
The business representatives of the Union shall have access to the work site at all
times. They shall comply with all general conditions on the jobsite and with all safety policies
adopted by the Building Trades Employer’s Association.
SECTION 13. NON-DISCRIMINATION
The Employer and the Union agree there will be no discrimination against any
Employee, or applicant for employment, with respect to race, creed, color, national origin, sex,
age, disability, marital status, sexual orientation or citizenship status in all employment
decisions, including but not limited to recruitment, hiring, compensation, training and
apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination,
and all other terms and conditions of employment except as provided by law.
SECTION 14. POLYGRAPH TESTING
No Employee shall be required to take any form of lie detector test as a condition
of employment.
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SECTION 15. DISCIPLINARY ACTION
A. There shall be no discrimination on the part of either party against any employee
because of Union activities.
B. The Employer shall not discharge nor suspend any Employee without just cause.
In all cases involving the discharge or suspension of any Employee, the Employer must notily
the Union prior to the action being taken. In all cases involving the dismissal or suspension of a
Shop Steward or On Site Steward, the disciplinary action will not be effected unless and until an
Arbitrator’s decision authorizing same is rendered.
C. Arbitration of such a matter may be invoked pursuant to this Section by either
party upon twenty-four (24) hours’ notice, and the first available Arbitrator on the panel of
Arbitrators shall schedule an immediate hearing. If the Union fails to proceed to the hearing as
scheduled by the Arbitrator, the disciplinary action may be taken forthwith, subject to subsequent
arbitration procedures:
D. The Employer shall notify the Union of any job opening in a category covered by
this Agreement and shall afford the Union an opportunity to refer applicants for die position.
The Employer shall retain the right to reject any job applicant referred by the
Union. In the event of such rejection, the Employer shall notify the Union. The Union shall then
have the opportunity to refer other applicants to the Employer until the required number of
applicants are obtained.
E. If a dispute arises under Section 26 concerning a contention by either party that
the spirit of the Agreement would be violated by the refusal of an Employer to employ an OSS
on a particular project or by the insistence of the Union that the Employer is required to hire an
OSS on a particular project or continue his employment for a particular period of time, the
Employer or tire Union may request the assistance of Arbitrator X, acting in the capacity of a
Facilitator/Mediator. Mr./Ms. X may schedule formal hearings or informal meetings to facilitate
a resolution of the matter and may, in his/her discretion, issue a written report at the conclusion
of the process, whether or not a joint determination has been reached. Such report may be
introduced by either party in any subsequent arbitration or other proceeding between the Union
and that Employer. The proceeding referred to in this Section is mandatory, if invoked, but does
not replace arbitration.
SECTION 16. TRADE BOARD
A. All complaints, disputes and differences arising under this Agreement, between
the Union and any Employer or between any Employer and any Employee shall be referred first
to the Joint Trade Board. Should the Trade Board fail to reach a decision, the matter shall then
be referred to an impartial Umpire, as set forth in Paragraph C of this Section. The Joint trade
Board and the impartial 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,
B. 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
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the powers enumerated in Paragraph A above. This Board shall be known as the Local 282-
Building Contractors Association Joint 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 (1) year the 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 impartial Umpire selected, as set forth in Paragraph C Any
and all expenses shall be equally divided between the paid for by the parties to this agreement.
C. If the Joint Trade Board fails to agree upon the selection of an impartial Umpire,
he shall be selected in accordance with the Rules and Regulations of the American Arbitration
Association. Any and all expenses in connection with such reference shall be equally divided
between and paid for by the patties to this Agreement.
D. Any Employer member of the 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 tire remaining Employer members to fill the temporary vacancy.
Any Union member of tire 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 tire temporary vacancy.
E. The Trade board shall have tire power to assess costs against any party.
SECTION 17. JURISDICTIONAL DISPUTE RESOLUTION PROCEDURE
A. 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 disputes, as provided in Section 15.
B. The Union shall not halt or interfere, in any maimer, with the regular operation of
an Employer’s business, nor shall it suffer a cessation of work in an Employer’s establishment
because of any disputes or grievance, alleged or otherwise, which may exist. All such matters
shall be referred to a duly authorized representative of both parties hereto and, in the event that
same cannot be amicably adjusted, the matter shall be arbitrated as herein provided.
C. (1) In the event a dispute arises between the Union and another construction
union with which the Employer is a signatory, over their respective rights to perform work trader
the direction and control of the Employer, the Union shall attempt to resolve the dispute through
informal discussions.
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(2) In the event the dispute cannot be resolved informally, the Union may
elect to initiate or participate in a formal dispute resolution procedure. Both unions must inform
the Employer in writing that they are referring the dispute for formal resolution and that each
agrees to abide by tire result without further appeals. If the Union thus informs the Employer,
the Employer shall take whatever action is necessary to implement a formal resolution of the
jurisdictional dispute.
SECTION 18. WELFARE, PENSION, ANNUITY AND JOB TRAINING TRUST FUNDS
A. Welfare. Effective July 1, 2022, the Employer shall contribute Eighteen Dollars
and Eighty Cents ($18.80) to the Local 282 Welfare Trust Fund (“Welfare Fund”) for each hour
worked under this Agreement during the regular work week (Monday-Friday), up to a maximum
of forty (40) hours. Effective July 1, 2023, this rate of contribution shall be increased to
Nineteen Dollars and Fifty-Five Cents ($19.55). Effective July 1, 2024, this rate of contribution
shall be increased to Twenty Dollars and Thirty Cents ($20.30).
B. Pension. Effective July 1, 2022, the Employer shall contribute Thirteen Dollars
($13.00) to the Local 282 Pension Trust Fund (“Pension Fund”) for each hour worked under this
Agreement, during the regular work week (Monday-Friday), up to a maximum of forty (40)
hour’s. ‘ ,
Contributions to the Pension and/or Welfare Fund for work performed on Saturday or
Sunday will be a maximum eight (8) hours for each day. Hours worked shall include paid
holiday hours and paid vacation hours, up to maximum of eight (8) hours per day.
C. Annuity. Effective July 1, 2022, the Employer shall contribute Eighteen Dollars
and Fifty Cents ($18.50) to the Local 282 Annuity Trust Fund (“Annuity Fund”) for each hour
paid at tire straight time rate. Effective July 1, 2024, this rate of contribution shall be increased
to Nineteen Dollars and Zero Cents ($19.00).
D. For each hour paid at a premium rate, the Employer will make tire contribution to
the Annuity Fund at the applicable premium rate.
E. Job Training Trust Fund. Effective July 1, 2022, the Employer shall contribute
Fifteen Cents ($.15) per hour to the Local 282 Job Training Trust Fund (“Job Training Fund”)
for each hour paid, up to a maximum of forty (40) hours per Employee per week. Nothing herein
contained is intended, nor shall be construed, to prohibit the Employer from continuing the
practice of hiring from any source or from any training its own drivers at its own costs and
expense.
F. Payments to the Welfare, Pension, Annuity and Job Training Funds shall be
made on the thirtieth (30th) day of each month covering all payroll periods which ended during
the preceding calendar month. Payment forms shall be furnished by the Funds prior to the fifth
(5th) day of each month.
An Employer who fails to make payment to the Welfare, Pension, Annuity and
Job Training Funds, or Dues Check-Off when due, shall be subject to all the remedies set forth in
Section 502 (g) (2) of ERISA, in an action brought in a court of competent jurisdiction.
II
The Trust Agreement governing the Local 282 Welfare, Pension, Annuity and
Job Training Trust Funds, as it shall be amended form time to time, is hereby made a part of this
Agreement with the same force and effect as if fully incorporated herein, and the Employer and
the Union hereby agree that, upon the execution of this Agreement, they shall be deemed parties
to said Trust Agreements. Failure of the Employer to make payments of said contributions
promptly when due shall authorize tire Union to take immediate economic action against the
Employer, without waiting for arbitration, notwithstanding any other provisions in this
Agreement. Before any action is taken by tire Union or its members, the Employer shall be
entitled to notice in writing by certified or registered mail, return receipt requested, giving him
an opportunity to make his payments within five (5) days and, if he fails to make the payments,
then the foregoing procedure may be followed by the Union or the Employees.
G. The rates of contribution to the Welfare Fund, Pension Fund, Annuity Fund and
Job Training Fund effective July 1, 2025 shall each be as determined by the Union upon
allocation of the scheduled economic increase of $3.17 per hour, after the rates required for the
Local 282 Welfare Trust Fund and the Local 282 Pension Trust Fund become actuarially
determined.
SECTION 19. SURETY BOND
A. The Employer shall provide a Surety Bond to guarantee payment of contributions
to the Welfare, Pension, Annuity and Job Training Funds and Dues to the Union, as provided for
in this Agreement. Said Surety Bond shall be in the following amounts:
an Employer employing 1 to 5 Employees
an Employer employing 6 to 10 Employees
$10,000
15,000
an Employer employing 11 to 15 Employees 20,000
an Employer employing 16 to 20 Employees 25,000
an Employer employing 21 to 25 Employees 50,000
an Employer employing 26 to 50 Employees 100,000
an Employer employing 51 and over Employees 150,000
Employees referred to herein shall include all persons on the Employer’s Seniority List.
B. Employers of tire Building Contractors Association shall not have to provide a
Surety Bond to guarantee the payment of contributions to the Welfare, Pension, Annuity, Job
Training Trust Funds unless a member of the B.C.A.’s records are audited by tire Funds auditors
and the records show material discrepancies in which case such B.C.A. member shall be required
to post a Surety Bond as set forth herein.
C. In lieu of a bond to secure payment of contributions to the Welfare, Pension,
Annuity and Job Training Funds, and Dues to the Union, the Employer may, it and to the extent
that the Trustees of tire Welfare, Pension, Annuity and Job Training Funds so authorize in
writing:
(1) deposit cash, in an amount determined pursuant to paragraph (A) of this
Section, in escrow with a financial institution approved by the Trustees to be held pursuant to the
terms of an escrow agreement authorized by the Trustees; or
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(2) deliver to the Trustees the personal guarantee, with such terms and
conditions as may be required by the Trustees in their sole discretion, of one or, more of the duly
appointed officers of the Employer, pursuant to which each such officer will promise to pay and
to hold himself personally liable to pay to the Trustees, upon demand, any contributions which
the Employer does not timely pay to tire Welfare, Pension, Annuity and Job Training Funds.
D. In the event that tire Employer subcontracts work to a subcontractor which has an
agreement with the Union requiring it to make contributions to the Welfare, Pension, Annuity
and Job Training Funds (“Funds”), the Employer shall make a good faith effort to ensure that its
subcontractor makes timely contributions to the Funds, pursuant to the subcontractor’s
agreement with the Union. When an authorized representative of the Funds informs the
Employer, in writing, that one or more of its subcontractors is delinquent in its required
contributions to the Funds, tire Employer may withhold from those contractors an amount of
money equal to the amount of the delinquency until the delinquency is cured. In no event shall
the Employer be liable for any delinquent payments to the Funds by its subcontractors,
E. The Employer shall not utilize a Paymaster for any project covered by this
Agreement unless the Employer is required to do so by law or otherwise. In the event that the
Employer is required to utilize a Paymaster, then it shall only use a Paymaster: (1) that is bound
or otherwise agrees to be bound to the surety bond provisions of this Agreement, and (2)
thereafter remains in compliance with those provisions. The Employer shall be jointly and
severally liable for any failure on the part of the Paymaster to comply with the provisions of the
collective bargaining agreement with respect to any project for which the Paymaster has been
utilized by the Employer.
F. There shall be no requirement for contributions to the Pension, Welfare and Job
Training Funds for a Holiday that an employee is paid but does not work; contributions to the
Pension, Welfare and Job Training Funds are required when an employee works the Holiday.
For Bereavement Leave, there will be no requirement for contributions to the Pension, Welfare
and Job Training Funds.
SECTION 20. INDUSTRY ADVANCEMENT PROGRAM
A. The Employer (including both BCA members and independents) shall pay Fifty
Cents ($.50) per hour for each hour of employment of Teamsters to the Building Contractors
Association Industry Advancement Program. For the purposes of this Section 20, “each hour of
employment” shall include holiday pay and paid bereavement leave.
B. Payments shall be made together with Welfare, Pension, Annuity and Job
Training Fund payments, and will be forwarded by the Local 282 Fund office to the Building
Contractors Association Industry Advancement Program upon payment of collection and
administrative costs.
SECTION 21. CHECK-OFF
Effective July 1, 2022, the Employer agrees to deduct from the wage rate of each
Employee covered by this Agreement and to pay to the Union, after proper execution by each
Employee of an authorization form, which form shall be furnished by the union to the Employer,
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the sum of Two Dollars and Five Cents ($2.05) for each hour worked at the straight time rate,
excluding holiday pay and paid bereavement leave. Effective July 1, 2023, this rate shall be
increased to Two Dollars and Ten Cents ($2.10). Effective July 1, 2024, this rate shall be
increased to Two Dollars and Fifteen Cents ($2.15). Effective July 1, 2025, this rate shall be
increased to Two Dollars and Twenty Cents ($2.20). In addition, tire Employer agrees to deduct
from the wage rate of each Employee covered by this Agreement and to pay tire Local 282
Building Trust Fund, after proper execution by each Employee of an authorization form, which
form shall be furnished by the Union to tire Employer, the sum of Thirty Cents ($.30)) for each
hour worked at the straight time rate, excluding holiday pay and bereavement leave. Said sums
shall constitute a part of said Employee’s Local Union No. 282 Union dues. Effective July 1,
2024, this rate shall be increased to Thirty-Five Cents ($.35). Payment of dues checked off shall
be forwarded to the Union no later than the thirtieth (30th) of each month covering all payroll
periods ending during the preceding calendar month. Local Union No. 282 agrees to indemnify
and to hold harmless the Employer from any and all claims, actions and/or proceedings arising
out of said dues Check-Off.
This shall be in addition to any regular monthly Union dues checked off pursuant
to written authorization pursuant to law.
The Employer will also honor voluntary written Check-Off authorization for the
purpose of group insurance premium payments.
SECTION 22. D.R.I.V.E.
The Employer will recognize a lawfill, voluntary authorization for the D.R.I.V.E.
deduction from wages, to be transmitted by die Employer to National D.R.I.V.E. The D.R.I.V.E.
deduction shall be made from die Employee’s wages only after a duly signed authorization card
has been filled out for die amount of One Dollar ($1.00) per week, die Employer shall forward
said contributions to D.R.I.V.E., International Brotherhood of Teamsters, 25 Louisiana Avenue,
Washington, DC 20001.
SECTION 23. SENIORITY
Seniority shall prevail within each Employer covered by this Agreement.
Seniority Employees shall have the right to break in on new equipment. The
Shop Steward and the Employer shall decide the qualifications of the driver on equipment; if
they disagree the matter shall be subject to die grievance procedure, in accordance with Section
15.
SECTION 24. BEREAVEMENT LEAVE
An Employee shall be entitled to one (1) day’s pay for bereavement leave in the
event of die death of the Employee’s parent, sibling, spouse or child.
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SECTION 25. FEDERAL AND STATE LAWS
The Employer hereby agrees to comply fully with all laws pertaining to Social
Security, Unemployment Insurance and Worker’s Compensation.
SECTION 26. SITE COORDINATOR
A. A single Site Coordinator shall be employed where an employer is contracted to
be responsible for construction work on a construction site as an owner, general contractor,
prime contractor, subcontractor, or construction manager in accordance with the following
employment thresholds. The role of the Site Coordinator shall include, but are not limited to, the
dispatch and coordination of traffic, including operations at the load docks or other designated
areas, the receiving and processing of building and construction material at the project site,
distribution of all materials received on die project site in addition to other roles assigned by the
Employer subject to approval by die Union.
B. Site Coordinator shall be appointed by the Union. The Site Coordinator in
addition to the work assigned by the Employer shall function as the Steward on the project site.
The Site Coordinator shall handle all grievances involving the application of this Agreement on
die project site. The Site Coordinator shall be allowed a reasonable amount of time to conduct
Union Business.
C. Threshold for employment of a Site Coordinator shall be as follows:
(1) Commercial projects: Site Coordinator shall be employed on projects
greater than 495,000 square feet from start of foundation until (8) eight months before end of
construction as determined by die Employer’s construction project schedule as amended from
time to time, or w’hen the project is completed.
(2) Residential/Hospitality projects subject to a Project Labor Agreement:
Site Coordinator shall be employed on projects greater than 375,000 square feet as follows:
a. New Construction: From start of foundation until (8) eight months before
end of construction as determined by die Employer’s construction project
schedule as amended from time to time, or when the project is completed.
b. Renovations: From start of project until (8) eight months before die end
of construction as determined by the Employer’s construction project
schedule, as amended from time to time or when die project is completed.
Where one Employer is performing Residential/Hospitality Renovation work
for different tenants/owners at a single site, die square footage of each
separate tenant’s owner’s project shall not be aggregated for Ute purpose of
determining whether the Site Coordinator shall be employed under this
section.
(3) Residential/Hospitality (New Construction or Renovation) projects not
subject to a Project Labor Agreement: No Site Coordinator shall be required.
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(4) Residential/Hospitality Renovation projects not subject to a Project Labor
Agreement: No Site Coordinator shall be required.
(5) Facade only projects: No Site Coordinator shall be required.
(6) Core and Shell Commercial Renovation projects: Site Coordinator shall
be employed on projects greater than 495,000 square feet from start of project until (8) eight
months before tire end of construction as determined by the Employer’s construction project
schedule, as amended from time to time or when the project is completed. Where one Employer
is performing Core and Shell Commercial Renovation work for different tenants/owners at a
single site, the square footage of each separate tenant’s owner’s project shall not be aggregated
for the purpose of determining whether the Site Coordinator shall be employed under this
section.
(7) Tenant work projects subject to a Project Labor Agreement: Site
Coordinator shall be employed on projects greater than 375,000 square feet horn start of project
until (8) eight months before the end of construction as determined by the Employer’s
construction project schedule, as amended from time to time or when the project is completed.
Where one Employer is performing Tenant work for different tenants/owners at a single site, the
square footage of each separate tenant’s owner’s project shall not be aggregated for the purpose
of determining whether the Site Coordinator shall be employed under this section.
(8) Tenant work projects not subject to a Project Labor Agreement: No Site
Coordinator shall be required.
(9) Projects that are governed by either State or municipal prevailing wage
laws (excluding Federal projects) that are subject to a Project Labor Agreement: Site
Coordinator shall be required on projects greater than 375,000 square feet from start of
foundation until (8) eight months before end of construction as determined by the Employer’s
construction project schedule as amended from time to time, or when the project is completed.
(10) Projects that are governed by either State or municipal prevailing wage
laws (excluding Federal projects) that are not subject to a Project Labor Agreement: No Site
Coordinator shall be required. The employer may self perform or hold general conditions
contracts without the requirement to employ the Site Coordinator.
(11) Mixed Use Projects: Mixed Use projects shall be assigned to the
commercial project threshold under Section 26.C.1 when the percentage of commercial use floor
area, as determine by the issued NYC DOB building permit, equals or exceed 40%.
(12) Site Work: On site work only projects that are not part of a building
project, the requirement to employ a Site Coordinator will be determined by Section 10,
Paragraph B.l of the GCA Heavy Construction and Excavating Contract Collective Bargaining
Agreement. Duration of employment shall be mutually agreed upon by the Employer and Union
at the beginning of the project.
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D. NYC Dept, of Building issued permits shall be used to determine project areas in
Section 26.C.
E. The Employer may utilize Paymaster with respect to Site Coordinator wages and
benefits.
F. On jobs where no Site Coordinator is required, Employer may hire a Site
Coordinator, selected by the employer, on a daily basis to perform tasks related to safety and
transportation issues that Site Coordinator normally performs (e.g., coordinate trucks and
deliveries at the site, etc.).
G. Work Hours
(1) Work hours shall be in accordance with CBA Section 7.
(2) For purposes of overtime assignments. Site Coordinator’s work day shall
begin when the first track starts unloading or loading and shall finish when the last truck starts
loading or unloading.
(3) Site Coordinator shall be employed on Monday-Friday during his regular
work hours while there is any construction activity on the project site. On Saturday and Sunday,
the Site Coordinator shall be employed when there is any transportation of construction or
building material to, from or on the project site.
(4) Site Coordinator will only be paid for the verifiable hours worked on the
project site. Disputes for failure to employ a Site Coordination shall be resolved using CBA
Section 15 Trade Board procedures as administered by the Building Contractors Association.
(5) The Employer may use time clock or other electronic means to verily
work hours of its employees. This includes Site Coordinator and other Teamsters employed by
the employer under this agreement.
(6) The Site Coordinator shall not be entitled to overtime or premium pay for
the following activities:
a. Work performed by a utility outside the curb line.
b. Work performed by a utility inside the curb line when there is no
trucking.
c. Pick-up or delivery of garbage or debris containers when the job is
closed except for work performed under the GCA Agreement.
d. Pick-up of concrete cylinders.
e. No trucking activities are scheduled whether or not the project is
open and working.
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f. Snow removal or other weather related activities provided the
project is not working.
(7) It shall be a violation of this Agreement for the Employer not to inform the
Site Coordinator of scheduled trucking activity taking place after hours or on weekends when the
job is open and working, and not to promptly notify the Site Coordinator of trucking activity
taking place after hours or on weekends when the job is open and working. If the Union alleges
that an Employer has so violated this Agreement, and the parties fail to informally resolve the
alleged violation, the matter shall be resolved pursuant to Section 15.C.
H. The Site Coordinator shall be subject to the direction and control of the
Employer at all times.
1. The Site Coordinator shall not deprive Employees on the Seniority List of the
Employer, or any other Employer, of their normal work opportunities. The Site Coordinator
shall not be used for the transportation of materials between project sites of the Employer,
without permission of the Union.
J. The Employer responsible for the “core and shell” of the building shall employ
the Site Coordinator until the termination of such Employer’s obligation in accordance with the
terms of this Agreement.
K. With respect to Commercial Construction on which employment of a Site
Coordinator is required (including Mixed Use Projects governed by the Commercial
Construction threshold), if reasonably necessary for the Employer to bid effectively against
competitors who are not required to provide the same or better terms and conditions of
employment as are required under the terms of this Agreement, the Employer may, during the
term of this Agreement, request that the Union agree to modify the required duration of
employment of the Site Coordinator for the specific project. Any agreement(s) reached pursuant
to this paragraph shall not be precedential, and shall not establish any modification to this
Agreement for any other project. The Union agrees to respond to any such request in good faith
and in a timely manner.
L. On-Site Stewards employed as of June 30, 2016 shall continue their employment
as On-Site Steward under the terms and conditions of the 2013-2016 Local 282 Building
Contractors Association and Independents High Rise Contract for the duration specified in
Section 26 of that 2013-2016 Contract, except that the wages and fringe benefit contributions
applicable under this 2016-2019 Agreement shall apply to such On-Site Stewards.
SECTION 27. MATERNITY LEAVE
A pregnant Employee shall be permitted to continue working so long as she is
capable of performing satisfactorily and medically permitted to do so. The Employer reserves
the right to request the Employee provide written statements from her doctor as to her continued
employability during the last trimester of her pregnancy. An Employee may elect to begin
maternity leave when medically required to do so or at the end of the seventh (7th month of
pregnancy, whichever is earlier, and shall return form such leave as soon as her physical
condition permits, but no later than sixty (60) days after the date of delivery. If the Employee’s
18
medical condition prohibits a return to employment by such sixtieth day, and satisfactory proof
of such fact has been provided to the employer; the continued absence of the Employee will be
treated as any other type of extended illness would be treated, for leave purposes, by Ute
Employer.
SECTION 28. SCAN IN/SCAN OUT
The Employer may require each OSS to indicate Ute time that he/she reports for
work and leaves work at the end of the work day by scanning an Employer-issued electronic
identification card/badge or by some equivalent method.
SECTION 29. SHOPSTEWARD
A Shop Steward shall be appointed by the Union for each Employer who
employs Teamsters and is covered by this Agreement.
SECTION 30. AUTHORITY OF UNIT EMPLOYEES, INCLUDING SHOP STEWARDS
AND ON-SITE SHOP STEWARDS
Persons, including Shop Stewards and On-Site Stewards, are absolutely
forbidden and are without any actual or apparent authority to, in any manner, interfere or
threaten to interfere with the operations of any person, including. Employer signatories – or
Employers that are non-signatories – to any collective bargaining agreement with the Union,
without, prior thereto, receiving express approval for such conduct from Ure Chief Operating
Officer of the Union.
SECTION 3 1. RESPONSIBILITY FOR VEHICLES
A. The Employer shall assume full responsibility for Ute condition of all vehicles
operated by Employees, and shall be obliged to pay any money fines which are assessed against
any Employee because of negligence on Ute part of Ute Employer, in failing or refusing to correct
any unsafe condition of a vehicle or any part thereof not properly cared for in accordance with
the laws governing the same. However, Ute Employer shall assume no responsibility in the event
Uiat the chauffeur or, driver of such vehicles neglects or fails to promptly notify Ute Employer of
such conditions, when discovered, to the Employee. The Employer shall not discharge or
discipline an Employee or refuse to hire an Employee on the basis of violations or tickets
received by the Employee due to Employer acts.
B. Employees will help load and unload in the shop or at the jobsite.
Where necessary to set or guide slung loads, or to perform other difficult tasks,
another person (who need not be a Teamster) shall assist.
C. Teamster yardmen shall continue to perform their customary job.
D. Employers may not lay-up trucks, layoff drivers and hire similar trucks.
19
SECTION 32. PROTECTION OR RIGHTS
A. Picket Lines. It shall not be a violation of this Agreement, and it shall not be
cause for discharge or disciplinary action, nor shall such Employee be permanently replaced, in
the event an Employee refuses to enter upon any property involved in a primary labor dispute, or
refuses to go through or work behind any primary picket line, including the primary picket line
of Unions party to this Agreement, and including primary picket lines at the Employer’s place of
business..
B. Struck Goods. It shall not be a violation of this Agreement and it shall not be
cause of discharge or disciplinary action, nor shall such Employee be permanently replaced, in
the event an Employee refuses to perform any service which his .Employer undertakes to
perform as an ally of an Employer or person whose Employees are on strike, and which service,
but for such strikes, would be performed by tire Employees of the Employer or person on strike.
SECTION 33. DOUBLE BREASTED OPERATION
The Employer hereby agrees drat in order to protect and preserve tire work
opportunities of the Employees covered under this Agreement, it shall not establish or have an
ownership interest in a DOUBLE BREASTED operation within Ure geographical jurisdiction of
Local 282, namely the City of New York, Nassau and Suffolk Counties, or outside Said area if
the work is to be performed within said area.
SECTION 34. SCOPE OF AGREEMENT
No provision of this Agreement is intended to create any obligation on the part of
the Union which is enforceable against the Union by individual Employees.
SECTION 35. NAME ON VEHICLE
Any truck or vehicles performing bargaining unit work or owned or operated by
or on behalf of tire Employer must have the name of the owner of the truck prominently
displayed thereon.
SECTION 36. MOST FAVORED NATIONS
In the event tire Union grants to or permits any Employer engaged in the same or
similar business as the Employer any more favorable rates, terms or work rules (hereinafter
collectively referred to as “conditions”) than are generally applicable to Employers covered
under this Agreement, then such more favorable conditions shall thereafter be deemed to be pari
of this Agreement and all Employers covered by this Agreement shall be entitled to tire benefit of
such more favorable conditions. In the event that tire Building Contractors Association
negotiates a collective bargaining agreement with any other Union which provides more
favorable increases in wages and/or benefits, such more favorable rate of increase shall
automatically be applicable to this Agreement and be substituted for the lesser increases
provided herein.
20
SECTION 37. DRUG AND ALCOHOL TESTING
Effective July 1, 2013, the parties agree to administer a mutually agreeable drug
and alcohol testing procedure. The Parties to this Agreement have agreed to participate in a
Department of Transportation-approved drug testing program that is administered by a certified
independent service and is funded by the Local 282 Welfare Fund. The program shall remain in
full compliance with all Department of Transportation regulations. The Employers covered by
this Agreement may require that their employees covered under this Agreement submit to drug
testing in accordance with the regulations of the Department of Transportation.
The Parties further agree that, as part of this program, a traveling collection
facility will be available to be utilized by Employers whose Employees are required to be tested
by this Agreement.
SECTION 38. LOCAL 282 LABOR-MANAGEMENT
EMPLOYEE ASSISTANCE PROGRAM
A. Where an Employer has reasonable cause to believe that an Employee is a drug
abuser, substance abuser or alcohol abuser, the Employer can suspend the suspected abuser and
require that the Employee meet with the Local 282 Welfare Fund Employee Assistance Program
Director.
B. The Employee Assistance Program Director will arrange for the immediate
testing of the suspected abuser to determine whether the Employee has a drug, substance or
alcohol abuse problem.
C. If the test reveals that the Employee is not a drug, substance or alcohol abuser, he
shall be immediately returned to work and the Employer shall pay the Employee for the days he
would have worked during his suspension, up to a maximum of three (3) days.
D. If the test reveals that the Employee is a drug, substance or alcohol abuser, he
will be suspended with no pay and the Employee will be given the opportunity to participate in a
rehabilitation program to suit his individual need under the guidance of the Employee Assistance
Program Director. If tire Employee tests positive after successful completion of two
rehabilitation programs, he shall be subject to discharge without recourse to the grievance
procedure.
E. If the Employee completes the rehabilitation program and subsequently tests
clean of drug, substance or alcohol abuse, the Employee shall be returned to his previous
position .with no loss of seniority.
F. Should the Employee fail to meet with the Employee Assistance Program
Director or refuses to submit to testing for drug, substance or alcohol abuse or refuses to
participate in the Local 282 Labor Management Employee Assistance Program or the
Detoxification program after testing positive for drug, substance or alcohol abuse, the Employee
shall be terminated without recourse to the grievance procedure contained in the collective
bargaining agreement between tire parties.
21
G. The cost of testing, detoxification or other services will be paid by Ilie Local 282
Welfare Fund.
H. It is agreed that the procedure set .forth above shall be the exclusive procedure
for resolving the disputes concerning drug, substance or alcohol abuse and testing.
SECTION 39. JOINT ADVISORY COMMITTEE
The BCA, CAGNY, and Union shall establish a Joint Advisory Committee (the
“Committee”) composed of an equal number of CAGNY, BCA and Union members to address
issues of mutual concern that arise during the term of this Agreement, including but not limited
to workplace safety, industry concents, proposed project labor agreements and the employment
of an OSS on construction projects subject to the “Wicks Law” or bid out by public agencies or
quasi-public agencies like “Wicks Law” projects.
The Committee shall discuss issues raised by CAGNY, BCA or Union
representatives and, where appropriate, shall draft and execute agreements supplemental to this
Agreement which shall become binding upon the parties as if part of this Agreement. The
Committee shall establish appropriate procedures for its deliberations.
SECTION 40. PROJECT LABOR AGREEMENTS/SITE SPECIFIC AGREEMENTS
The Union and the Employer may, in their respective sole discretion, enter into
Project Labor Agreements (“PLAs”) or Site Specific Agreement (“SSAs”) under circumstances
and with terms consistent with their respective approach to such matters. As between the
Employer and the Union, the terms of any such PLA or SSA shall not be binding unless both are
signatories to such PLA or SSA.
SECTION 41. PAID SICK LEAVE WAIVER
Local 282, on behalf of all Local 282-represented employees covered by this
Agreement, waives any right or entitlement they may have for paid sick leave pursuant to any
city, state, or federal law or regulation.
SECTION 42. VALIDITY
If any Section of this Agreement is held by a Court, or other tribunal of
competent jurisdiction to be invalid, or if compliance or enforcement of any Section should be
enjoined or restrained, the remainder of this Agreement shall continue in full force and effect,
and the parties shall meet immediately to negotiate a substitute for the Section involved. If the
parties fail to agree, the matter shall be subject to grievance or arbitration and the Union shall not
have the right to strike. The Trade Board, or, if deadlocked, the Arbitrator shall have the power
to develop a new provision to carry out the general intent of the parties.
22
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals this day of ,202
BUILDING MATERIAL TEAMSTERS
LOCAL UNION NO. 282
Affiliated with the International Brotherhood
ofTeamsters
By:
Signature
EMPLOYER
Company Name
Street Address
Title City State Zip
Taxpayer Identification Number
By:
Signature
Print Name
Title
Effective Date
Phone Number
23
MEMORANDUM OF AGREEMENT
between the
BUILDING CONTRACTORS’ ASSOCIATION, INC.
and the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 282
The Building Contractors’ Association, Inc. (“BCA” or “Employer”) and the International
Brotherhood of Teamsters Local Union No.282 (“Local 282”) hereby enter into a Collective Bargaining
Agreement (“Agreement”) which will take effect on July 1, 2026. BCA and Local 282 agree as follows:
1 . Agreement: BCA and Local 282 shall execute a four year collective bargaining agreement which
shall be effective as of July 1, 2026, and shall expire at midnight on June 30, 2029.
2. Terms: The agreement will continue all terms and conditions of the 2022-26 High Rise
Agreement (“Expired CBA”) between Local 282 and the BCA, except with those modifications
reflected below.
3. Economic Increase: 3.0% per year
a. Straight time increases of $3.55 per hour each July 1 of the contract’s term, to be
allocated among wages and benefits
b. Increase includes actuarially required increases for Welfare Fund
4. Duration: 3 Years (through June 30, 2029)
5. Welfare Trust Fund: CBA Section 18.A shall be amended to require contributions on all hours
worked Monday-Friday, eliminating the daily 8 hour cap and weekly 40 hour cap, to read as
follows:
“A. Welfare. Effective July 1, 2026, the Employer shall contribute
[ ($ )] to the Local 282 Welfare Trust Fund (“Welfare Fund”)
for each hour worked under this Agreement during the regular work week (Monday-Friday).”
6. Annuity Trust Fund. Amend Section 18.C to add: “Contributions returned to the Employer or
rendered unpayable by law (e.g., pursuant to the I.R.C.) shall be paid to the employee in the form
of a wage.”
7. Clarify the CBA (no substantive change) to state unambiguously that Welfare, Pension and Job
Training contributions are not required on unworked paid holiday, vacation and bereavement leave
hours by moving Section 19.F from Section 19 (Bonding) to a new paragraph in Section 18 (Benefit
Funds), and deleting the contradictory sentence from Section 18.B.
8. Vacation / Sick Leave Trust Fund: CBA Section 18 shall be amended to add the following as a
new paragraph with the remaining paragraphs to be re-lettered accordingly, and to change the title
to “Welfare, Pension, Annuity, Vacation/Sick Leave and Job Training Trust Funds,” in order to
authorize the Union to allocate from compensation toward contributions to the Local 282
Vacation I Sick Leave Trust Fund:
“F. Vacation / Sick Leave Trust Fund. The Employer shall contribute to the Local 282
Vacation & Sick Leave Trust Fund on behalf of each employee at an hourly rate for each
hour worked. The hourly rate of contribution shall be as determined by the Union, and
shall be allocated from, and shall not result in an increase to, the agreed upon total hourly
rates of wages and fringe benefits.”
Page 1 of 2
The remainder of CBA Section 18 shall be amended to conform to the above (e.g., by adding
references to the “Vacation / Sick Leave Trust Fund”).
9. Affordable Neighborhoods for New Yorkers (485x). CBA Section 26,C(3) shall be amended to
add a new category of employment threshold for Site Coordinators that will be applicable to
projects that qualify for benefits under the Affordable Neighborhoods for New Yorkers Program
(Real Property Tax Law Section 485-x):
“(3) Affordable Housing projects subject to a Project Labor Agreement: On projects that
are (i) qualified for benefits under the Affordable Neighborhoods for New Yorkers
program (Real Property Tax Law Section 485-x, hereinafter “485x”); (ii) greater than
250,000 square feet; and (iii) subject to a Project Labor Agreement: Site Coordinator shall
be employed the from start of foundation until the project is completed, and shall be
compensated at wage and/or benefit rates as may be required by the PLA.”
10. Most Favorite Nations Clause: CBA Section 34 shall be fully applicable to this agreement.
11. Grievance procedures: CBA Section 15 grievance procedures as administered by the Building
Contractors Association shall be fully applicable to this agreement.
12. BCA: Execution of this Agreement by the BCA binds to its terms those BCA members whose
names appear on the attached list.
13. Ratification: This Agreement is subject to ratification by the members of the Union.
14. Agreement offered to others: The Union at its sole discretion may offer this agreement to other
trade associations and contractors.
15. Facsimile: For purposes of execution of this Memorandum of Agreement, facsimile signatures
shall be treated as originals.
Dated this
, 2026
FOR BUILDING CONTRACTORS’
Managing Director, BCA
Michael Varrone
Labor Committee Chairman, BCA
Dated this । of 2026
FOR INTERNATIONAL BROTHERHOOD
OF TEAMSTERS LOCAL 282
Thomas Gesualdi
President, IBT Local 282
Page 2 of 2
Affiliated with the International Brotherhood of Teamsters
Building Material Teamsters
Local 282
THOMAS GESUALDI
President
May 14, 2026
LOUIS BISIGNANO
Secretary-Treasurer
John OTIare, Managing.Director
Building Contractors Association, Inc.
451 Park Ave. South
New York, NY 10016
Re: Local 282 High Rise Contract 2026-29
Dear John:
While negotiating the 2026-29 Local 282 High Rise Contract (the “CBA”) between Building
Material Teamsters Local 282 and the Building Contractors Association, Inc. (“BCA”), we discussed the
challenges posed to BCA member-employers from non-union construction managers and general
contractors on so-called “open shop” projects. We discussed these challenges in the context of CBA
Section 10, the intent of which includes the preservation, protection, recapture and expansion of work
performed by employees represented by Local 282.
As we discussed, various labor organizations who represent building and construction tradesmen,
including Local 282, have taken steps to recapture residential foundation work in the high rise
construction industry that has for many years now trended toward the use of non-union labor. I write to
confirm that Local 282 remains committed to doing its part in such efforts along with other industry labor
organizations. To that end, we have agreed to meet and participate in good faith discussions with
employers in the excavation and trucking industries regarding terms and conditions of employment for the
residential high rise construction market, and potentially for additional high rise markets on a case-bycase basis, that will assist us all to increase union density.
With respect to residential high rise projects on which Employers will compete to serve as
Construction Manager, and will not perform or control dump truck hauling to and from the job site, we
agreed that, notwithstanding the provisions of CBA Section 10.B(4), the underlying principles of CBA
Section 1 0 to recapture work may at times be better served if the Employer will not be held responsible
for such dump truck hauling. To that end, we agreed to give good faith consideration to Employer
requests for relief from such responsibility where the Employer is competing with non-union entities to
serve as Construction Manager, particularly for a residential high rise project. Such requests, in order to
allow timely Union consideration, should be made before the Employer is named Construction Manager
Sincerely,
Thomas Gesualdi
President
M^ael Varrone, Labor Committee Chairman
Building Contractors Association, Inc.
for the project in question.
Building Contractors Association, Inc.
2500 Marcus Avenue, Lake Success, New York 11042 » (516) 488-2822 ® (718) 343-3322 » Fax (516) 488-489