Contractors' Association of Greater New York, Inc.

TRADE AGREEMENT

BETWEEN THE

GENERAL BUILDING LABORERS’ LOCAL UNION NO. 66

AND THE

BUILDING CONTRACTORS ASSOCIATION, INC.

Effective On and After July 1, 2005

to June 30, 2010

2005-2010

MOA ATTACHED 2017-2019

MOA ATTACHED 2019-2021

MOA ATTACHED 2021-2026

2005-2010

BUILDING CONTRACTORS ASSOCIATION, INC.

AND

GENERAL BUILDING LABORERS LOCAL UNION NO. 66

TRADE AGREEMENT

TABLE OF CONTENTS

Page

ARTICLE I SCOPE OF AGREEMENT 1

§1 Union Recognition 1

§2 Geographical jurisdiction is Nassau and Suffolk Counties 1

ARTICLE II OTHER CONTRACTS 1

§1 Subcontractor must have Agreement with Union 1

§2 Employer to withhold fringe benefit contributions owed

by subcontractor 1

§3 No subcontracting to circumvent contractual obligations 2

§4 If acquire interest in other contractor, employees are accretion to

bargaining unit 2

§5 If acquire interest in other contractor, both entities liable for

each other’s obligations 2

ARTICLE III UNION SECURITY AND HIRING ARRANGEMENTS 2

§1 Requirement to become Union members, penalties 2

§2 Hiring Hall provisions 3

§3 No discrimination 4

§4 Paymaster 4

ARTICLE IV WORK JURISDICTION 5

§1 Traditional Building Laborer Work 5

§2 Building Laborers to do demolition work 9

§3 Complete Demolition of entire buildings or structures 9

§4 Manual labor and Masonry work as necessary 10

§5 Safety equipment 11

§6 Asbestos removal 11

§7 Types of construction covered 12

§8 Additional work awarded by the LIUNA, AFL-CIO 12

ARTICLE V HOURS OF WORK, OVERTIME AND HOLIDAYS 12

§1 12

a) Hours 8 to 3:30; starting time; 7 to 8 hour day 12

b) Overtime 13

c) Holidays 13

d) Religious Holidays 13

e) Saturday make-up day 13

f) Reasonable time to walk up/down stairs for 4 or more floors…13

g) Worksite on an island 13

h) Work during off hours 13

§2 Additional shifts 14

ARTICLE VI WAGES AND FRINGE BENEFITS 14

§1 Wage and fringe benefit rate provisions 14

§2 Fringe Benefit Funds 15

a) Local 66 Welfare Fund 15

b) Local 66 Pension Fund 16

c) Local 66 Vacation Fund 16

d) Local 66 Training Fund 16

e) Local 66 Annuity Fund 17

f) New York State Health and Safety Trust Fund 17

g) New York State LECET 17

h) Greater New York LECET 17

§3 Joint administration of trust funds 18

§4 Trust Documents to govern 18

§5 Bonding provision 18

§6 Industry Advancement Program 19

§7 Audit; enforcement provisions 19

§8 Fringe Benefit payment provisions 22

§9 Payment of wages; Right to pay wages by check 22

§10 Three shifts 25

§11 Union dues deductions 25

§12 MTDC PAC 25

ARTICLE VII WORKING CONDITIONS 26

§1 Signal man to be Building Laborer; Material hoist 26

§2 Maximum weight/brick provisions 26

§3 Employer to furnish tools and foul weather gear; Provision of

tool house; Damages for lost clothing 26

§4 One Building Laborer to tend Cement Masons 27

§5 Jurisdictional claims 27

§6 Agreement does not supersede laws concerning wages or safety 27

§7 Joint Safety Committee 27

ARTICLE VIII SHOP STEWARDS AND FOREMEN 27

§1 Shop Stewards 27

§2 Right of designated representatives to visit job sites 28

§3 Building Laborer Foreman if 8 or more Building Laborers,

Assistant Foremen 28

ARTICLE IX LOCKOUTS AND STRIKES 29

iii

§1 No strikes or lockouts; exceptions 29

§2 Primary labor dispute or picket line 29

ARTICLE X DISPUTES AND GRIEVANCES 29

§1 Grievances to be resolved pursuant to this Article 29

§2 Grievance procedure 30

ARTICLE XI MISCELLANEOUS 31

§1 Severability clause 31

§2 Association to provide list of its current and new members;

All BCA members bound by this Agreement 31

§3 Employer and alter ego/joint/single employer bound by

each other’s obligations 32

§4 Public interest clause 32

§5 Union may terminate Agreement if BCA merges with any other group …32

§6 Most favored nations clause 32

§7 Agreement binding on and enforceable by parties 32

ARTICLE XII DURATION OF AGREEMENT 33

§1 Agreement for thirty-six (36) months with automatic

renewal for one year periods 33

§2 Each current and new member of the Association is

bound by this Agreement 33

AGREEMENT

This Collective Bargaining Agreement (hereinafter “Agreement”) is entered into

by and between the undersigned BUILDING CONTRACTORS ASSOCIATION, INC.

(hereinafter referred to as the “Association”) on behalf of its constituent employers

(hereinafter “Employer(s)’’) and the GENERAL BUILDING LABORERS’ LOCAL UNION

NO. 66, of the Laborers International Union of North America (hereinafter referred to as

the “Union”).

ARTICLE I

Section 1.

The Union claims and has shown proof, and the Association and all Employers

acknowledge and agree, that a majority of employees for each and every Employer

have authorized the Union to represent them in collective bargaining. The Association

and all Employers hereby recognize the Union as the exclusive bargaining

representative under Section 9(a) of the National Labor Relations Act for all employees

who perform work covered by this Agreement on all present and future job sites. The

term “Building Laborer” as used in this Agreement includes all employees who perform

work as described in Article IV of this Agreement.

Section 2.

This Agreement is effective on all jobs in the entire counties of Nassau and

Suffolk, State of New York, within their established boundaries.

articleII

Section 1.

No Employer shall enter into a contract or subcontract with any other person,

firm, partnership, corporation or joint venture employing Building Laborers to perform

bargaining unit work as defined in Article IV (hereinafter “bargaining unit work”) on the

same job site, unless such other person, firm, partnership, corporation or joint venture is

bound by an Agreement with the Union.

Section 2.

The Employer must not subcontract “on site” bargaining unit work as defined in

Article IV unless the employer receiving the subcontract has an Agreement with the

Union. In the event a subcontractor is delinquent in the payment of fringe benefit

contributions, the Fringe Benefit Funds set forth in Article VI of this Agreement shall give

written notice thereof to the Employer, who shall then be required to withhold any sums

due to the subcontractor. The subcontractor by this Agreement authorizes the

withholding of these sums, and in addition authorizes the Employer to pay such

delinquencies directly to the Fringe Benefit Funds set forth in Article VI of this

Agreement (hereinafter “Funds”) to the extent that such withheld sums satisfy the

obligations to the Funds. The Employer shall contact the Funds to ascertain whether the

subcontractor has contributed all required monies to the Funds before the Employer

makes final payment to the subcontractor.

Section 3.

The Employer agrees that it will not subcontract any work covered by this

Agreement in order to circumvent the payment of wages and fringe benefits and the

working conditions provided for in this Agreement.

Section 4.

If an Employer covered by this Agreement, or any of its owners or principals that

have a controlling interest in the Employer, forms or acquires by purchase, merger or

otherwise, a controlling interest, whether by ownership, stock, equitable or managerial,

in another company performing bargaining unit work within this jurisdiction, this

Agreement shall cover such other operation and such other bargaining unit employees

shall be considered an accretion to the bargaining unit.

Section 5.

If an Employer covered by this Agreement, or any of its owners or principals that

have a controlling interest in the Employer, forms or acquires by purchase, merger or

otherwise, a controlling interest, whether by ownership, stock, equitable or managerial,

in another company performing bargaining unit work within this jurisdiction, this

Agreement shall cover such other operation and the Employer and such other

company shall be jointly and severally liable for each other’s obligations under this

Agreement.

articleIII

Section 1.

(a) It shall be a condition of employment that all employees of the Employer

who perform work covered by Article IV of this Agreement shall become or remain

members in good standing of the Union or shall pay uniform initiation and agency fees

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

the eighth day following the beginning of covered employment. The Union agrees that

all employees will be accepted to membership on its roster of eligible laborers on the

same terms and conditions generally applicable to other members or laborers on its

roster of eligible laborers and, further, that the Employer will not be requested to

discharge an employee for reasons other than such employee’s failure to tender the

periodic dues or fees uniformly required.

(b) The Union shall have the right to collect a reasonable fee for inclusion on

the roster of eligible laborers from all persons who are not members in good standing

of the Union or are not tendering uniform initiation and agency fees uniformly required.

Such fee shall be collected to cover the reasonable cost of maintaining the roster of

eligible laborers. At the earliest date permitted by law, a person who has paid a fee to

be included on the roster of eligible laborers and is referred to an Employer shall

tender to the Union upon acceptance for employment by the Employer the uniform

initiation and agency fees uniformly required.

by the Secretary-Treasurer of the Union, any employee who has failed to tender

uniform initiation and agency fees uniformly required, provided that the notice is also

provided to the employee and the employee does not pay the required initiation and

agency fees within seven days of the date of the notice. The Union shall indemnify

and hold the Employer harmless for any financial liability arising from the Employer’s

compliance with such notice.

Section 2.

(a) The Employer shall, on 24 hours written notice, advise the Union of all

jobs on which it will employ Building Laborers, giving all of the pertinent data to the

Union with respect to the type of work to be performed. The first Building Laborer on

any job site shall be selected by the Employer. The second Building Laborer on a job

site shall be a Shop Steward appointed by the Union with jurisdiction over the job site.

Commencing with th© third Building Laborer on a job site, 50% of Building Laborers

shall be furnished and referred by the Union to the Employer from the roster of eligible

laborers, in compliance with the procedures established by the Union for the operation

of the Hiring Hall. The rosters of eligible laborers maintained by the Union shall be

based upon one or more of the following elements: length of unemployment; seniority;

ability; residence; work as a Building Laborer in the building and construction trades;

prior work for the requesting Employer; and availability. It is understood that the

Employer shall hire whomsoever he or it sees fit, and that the Employer shall at all

times be the sole judge as to the work to be performed and whether such work

performed by the Building Laborers is or is not satisfactory, All Building Laborers hired

by the Employer shall be listed on the roster of eligible laborers. It is further

understood that the Employer shall not discharge or reject a Shop Steward appointed

by one of the Unions without written consent from the Union.

(b) The Employer shall have the absolute right to reject any job applicant

referred by the Union, with the exception of the Shop Steward, who can only be

rejected pursuant to the procedure set forth in Subsection 2 (a) of this Article III. In the

event of such rejection, the Union will refer another applicant to the Employer.

rendered by a court or administrative agency having jurisdiction thereof, which statute

or decision permits union security or hiring provisions more favorable to the Union

than those contained herein, then the parties hereto shall meet and amend this

Agreement so as to give the Union the maximum benefits permitted by such statute or

decision.

Section 3.

(a) 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, handicap, marital status, sexual orientation, affectional

preference, veteran status, concerted activity or union membership 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.

(b) There shall be a Mandatory Apprenticeship Program pursuant to which all

Building Laborers on any job shall either be credited as journeymen by the Joint

Apprentice Training Committee (JATC), or designated and enrolled as Apprentices in

the JATC administered program. The Employer hereby agrees to abide by all rules and

regulation, and amendments thereto, of the Union and the JATC concerning the

implementation and maintenance of the Mandatory Apprenticeship Program and the

employment of apprentices. The fifth Building Laborer on a site, and each fifth Building

Laborer on the site thereafter (i.e., fifth, tenth, fifteenth and so on), or such other ratio

required by the JATC, shall be apprentices, so long as they are capable of performing

the work required.

Section 4.

If the Employer is serving as a paymaster on a job site, the following provisions

shall supersede any lesser provisions of this Agreement:

(a) The first Building Laborer on that job site shall be a Shop Steward referred

by the Union, the second Building Laborer on the job shall be a Foreman, and

commencing with the third Building Laborer on the job site, 50% of Building Laborers

shall be furnished and referred by the Union to the Employer from the roster of eligible

laborers. All Building Laborers hired by the Employer shall be listed on the roster of

eligible laborers, as described in Article III, Section 2(a). Further, the Shop Steward

shall be provided the first opportunity to work any overtime that is available.

(b) A Building Laborer shall be employed on the job site to tend the trades

when work of any kind is being performed.

which it is serving as a paymaster are joint employers and one another’s agents for all

work performed at the site. The companies in the paymaster relationship shall be jointly

and severally liable for all violations of this Agreement committed by either, whether

acting independently or in concert, including but not limited to any action taken by either

in violation of the provisions of this Agreement prohibiting the subcontract of on site

work to entities not bound to a collective bargaining agreement with the Union.

(d) The Union reserves the right to exercise all lawful means to obtain

recognition and/or a signed collective bargaining agreement from any employer at a job

site that is not bound to an Agreement with the Union.

ARTICLE IV

Building Laborers exclusively shall perform the following work, unless otherwise

specified herein, and shall continue to do all work which they have performed in the

past.

Section 1.

(a) The unloading from trucks or railroad cars at the job site and stacking,

piling, wheeling, carrying, handling and distribution of all dry and mixed materials used

in all types of concrete and cement work, cinder or gravel fill, under concrete slabs,

and all lathing and reinforcing and form materials.

(b) Wheel or carry of materials in or about the job (construction,

reconstruction, remodeling or alteration) or assist in the preparation of masonry

materials to be used by mechanics, whether such preparation is by hand or by other

process, or supply, convey, stock pile, clean, load or unload material which has not

otherwise been awarded to other trades, whether by hand or any other mechanical

device.

bases used for terrazzo floors, tile or other finish shall be the work of Building

Laborers.

(d) Wetting, curing, sealing, hardening, cleaning and scraping of any kind of

concrete, including but not limited to the use of automatic floor cleaning machines,

power washers or power floor scrapers, shall be done by Building Laborers.

Additionally, assisting in scarifying (“beading”) of floors by any mechanical or manual

method, as well as the operation of tampering machines, shall be done by Building

Laborers.

(e) Spreading, leveling and tamping of concrete and cement finish after

deposit in form or slab and handling of vibrators, building and removing of runways

used in the wheeling or carrying of the above materials. The operation of concrete

mixers (without loading devices), the operation of tampering machines, the lagging,

sheeting and bracing of all caissons, pier holes, etc. for concrete work and laying all

drain tiles around footings or foundations and the covering of same with gravel, the

cutting of openings in or tearing down of concrete work, and the operation of

mechanical tampers.

(f) The stripping of forms and the transportation of forms to the point of

installation shall be done by Building Laborers under the supervision of the Carpenter,

the handling, carrying and cleaning of forms and form lumber and the pulling of nails

shall be done by the Building Laborers.

(g) Opening and closing of a construction site for the purpose of providing

access to the job site or work areas for deliveries of material, equipment and machines.

This work shall include, but not be limited to the opening and closing of all windows,

fences, gates, chains, temporary doors, barricades, barriers or other devices used to

control general access. This subparagraph (g) shall not require the employment of a

Building Laborer on a job site in which no work of Building Laborers described in this

Article IV is to be performed that day, other than the lone acts of opening or closing the

site.

(h) Assist the Project Engineers at the inception of the job to perform the

routine marking of locations for the placement of temporary facilities and signs.

(i) Hanging centers for the use of Bricklayers, where hollow tile or brick

arches are used, and pour rough concrete on Republic or Kahn Arches.

0) Work hand pumps for all work covered by this Agreement when the

Employer elects to do the pumping by hand.

(k) All foul weather protection to permit the continuance of work for Building

Laborers or other employees on the job site, to include the removal of water, ice and

snow, when necessary on the job.

(I) The cleaning and maintaining of all sidewalks, bridges, and public access

areas.

(m) Installation and maintenance of fire preventive equipment, including fire

extinguishers on the job site.

(n) The unloading from the trucks or railroad cars at the job site and the

stacking, piling, wheeling, carrying, handling and distribution of all materials used by

Bricklayers, Stone Masons, and Metallic Lathers. The building and removal of runways

used in the wheeling and carrying of the above materials. The operation of mortar

mixers. Temporary sheeting of floors and scaffolds and removal of same. The cutting

of openings in and the tearing down of masonry when the area exceeds twenty-four

square feet, as well as cutting and core drilling in masonry or concrete, wherever

situated.

(o) The Building Laborer shall unload from trucks or railroad cars at the job

site all Carpenters’ material, including but not limited to styrofoam, sound proofing

materials, insulation materials, sheetrock, unfinished lumber, door bucks, ceiling tile,

floor tile, forms and any material used in form work, including but not limited to wood

and metal, and shall handle, stack, pile and distribute such material to a central

position at the point of installation where it shall be deposited in piles and stacks.

(p) All work involving the erection, maintaining, and dismantling of all

scaffolding used by Building Laborers, or built for other trades, including the unloading

and removal of all scaffolding material on and off the job.

(q) Tending Bricklayers and allied crafts in the installation of all natural and

man-made products made of stone, clay, ash or man-made products.

(r) The Building Laborers shall collect, remove, and load on trucks all

materials, debris, and rubbish from Concrete, Bricklayers, Stone Masons, Carpenters

(and from demolition or other work stipulated in this Article) and shall collect and

remove debris and rubbish from other building trades in the employ of parties to this

Agreement.

(s) (i) The maintenance and tending of salamanders of oil, gas, solid fuel

or any other heating equipment used in place of salamanders exclusive of the

permanent heating plant for temporary heat on jobs shall be maintained and tended by

Building Laborers under the following conditions: at least one Building Laborer must

be employed at all times when a heating device of any nature, including natural gas, is

being used on any project under construction. When salamanders or heaters are in

operation, one Building Laborer may not tend more than twenty-five if they are fired by

a fuel other than solid fuel with the sole exception that one Building Laborer may be

assigned to maintain and tend up to thirty heaters if fired with propane gas and then

only if all such heaters are placed in one building. If tanks are moved or replaced it

shall be done on the day shift. When salamanders or heaters fired by solid fuel are in

operation, one Building Laborer may not tend more than fifteen. When tending

salamanders fired by solid fuel on night shifts there shall not be less than two Building

Laborers employed for that purpose. If salamanders are moved while burning, two

Building Laborers must be used to move each of them and all heating equipment shall

be moved during the day shift only. When any heater is fired by natural gas there must

be a minimum of one Building Laborer maintaining and tending such heaters on each

shift. When a magnatherm heater is used there shall be a minimum of one Building

Laborers on each shift. Whenever a blower is used in the basement or on any one

floor, a Building Laborer may be assigned to up to ten blowers. Whenever blowers are

used on more than one floor, at least two Building Laborers must be assigned to the

blowers and each Building Laborer may be assigned to up to ten blowers. Fuel must

be near site of blowers. Whenever oil heaters are used one Laborer may tend up to

twenty-five. If the oil heaters have to be moved or replaced it shall be done on the day

shift.

(ii) If multiple shifts are required on temporary heat, each shift may

work eight hours exclusive of lunch period and be paid at regular single time rate

except that time and one-half shall be paid for work performed on Saturdays, Sundays

and Holidays. No Building Laborer shall work more than one eight hour shift In any

twenty-four hour period, except that where no Building Laborers are available to tend

salamanders or as set forth above, Building Laborers already on the job may be

assigned to tend such salamanders or as set forth above, in which event they shall

receive premium pay at time and one-half for overtime, Saturday, Sunday and Holiday

work. On residential work where the cost of the house does not exceed $30,000.00, the

night watchman, if any, may attend to the salamanders not in excess of five.

(iii) When temporary heat is maintained in lieu of mechanical heating

devices that are a permanent part of the structure all Building Laborers attending

salamanders or other temporary heating devices outside of regular working hours shall

be paid at straight time for any and all shifts except from Friday midnight to Sunday

midnight or on Holidays, when they shall be paid at one and one-half times the regular

rate. However, no Building Laborer shall work more than one eight hour shift in any

twenty-four hour period except that where no Building Laborers are available to tend

salamanders or other heating devices, Building Laborers already on the job may be

assigned to tend such salamanders or other heating devices, in which event they shall

receive premium pay at time and one-half for Saturday, Sunday or Holiday work for

overtime work.

The preceding notwithstanding, when an Employer uses natural gasfueled salamanders to provide temporary heat on a construction site, it shall employ

General Building Laborers at the close of their daytime shift (whether 7:00 a.m. to 3:30

p.m. or 8:00 a.m. to 4:30 p.m.) for a minimum of two hours on buildings 20 stories or

less in height and for a minimum of three hours on buildings more than 20 stories in

height to check the condition of the salamanders used to provide temporary heat. The

General Building Laborers so employed will be responsible for insuring that there are

not flammable materials in the vicinity of the salamander, that the device is working

properly, that the windows in the room in which the salamander is placed are closed,

that the door of the room is closed. At its sole discretion, the Company may use more

than one General Building Laborer to perform the above-described tasks.

(t) If any party to this Agreement does temporary sheeting of floors or

runways or scaffolds for the use of any trade or helps any trade in handling and erecting

of fences and all other protection work on the job site and the applications, maintenance

and removal of all protective materials (including but not limited to grease, paper, tape,

plastic, cardboard, and cables, etc.) used to protect finished surfaces of elevator, door

bucks, window frames, doors, building perimeters etc. during construction (except the

protective materials applied prior to delivery to the job site), Building Laborers shall be

used exclusively to perform said work. It is agreed, however, that the debris resulting

from the removal of protective materials shall remain the work of the Building Laborers.

(u) All cleaning and removal of debris, rubbish and refuse of any type and

kind for all trades on all jobs.

(v) Unloading of materials to fence in a job site or the cleaning and

sweeping of sidewalks or their maintenance, or the erection and maintenance of

safety equipment, barricades and flags, barrels, poles and caution tape used for traffic

control, from the Inception of the job to its completion.

(w) All protection against dust and debris, including but not limited to,

covering of all floors, tile, marble, terrazzo, carpeting, plywood, masonite, homesote,

and concrete through the use of tarps, plastic and/or netting of any kind, whether

hung, taped, draped or tied.

(x) Tending Plasterers on construction jobs of every nature and description

in the Counties of Nassau and Suffolk.

(y) Building Laborers shall also continue to do all the work which they have

performed in the past.

Section 2.

The Building Laborers shall do all demolition work, except that if materials such

as doors and door jambs, sash and frames, trim, etc. is to be used for construction on

the same project, this material shall be removed by the Carpenter.

(a) Alteration work, including but not limited to the removal of partitions,

ceilings, walls, all floor coverings, fixtures, and ducts, any of which are not to be re¬

used, and the removal of walls which have been erected by Bricklayers or Plasterers

and all floors.

(b) The tearing down of work and removal of all debris on all alteration or

remodeling projects.

Section 3.

The Employer shall exclusively employ Building Laborers to perform the

following work:

Complete demolition (wrecking), dismantling, remodeling or alterations of entire

buildings or structures, in whole or in part, of any size, type (reinforced concrete,

structural steel, wall bearing, wood), or purpose (commercial, non-commercial,

residential, industrial, institutional, transportation), or the complete demolition (wrecking)

of any portion of all buildings or structures. This work shall include, but not be limited to,

the following:

(a) all manual work involving the tearing down, breaking away,

disposal of, and/or removal from, the job site of any and all building materials, whether

debris or salvaged materials, used in the construction of all buildings or structures

(concrete, terra cotta, brick, mortar, plaster, structural and ornamental lumber, roofing

materials of any type, natural or manufactured stone, ornamental iron, lath, reinforcing

rods, floors and flooring materials), and structural components (wood, steel or beams of

any material);

(b) the complete removal of one or more stories from a building or

structure when said building or structure is to be shortened in height; the gutting of the

interior of a building or structure by the removal of a partition and/or flooring; the

demolition of any wall or walls of any building or structure, regardless of whether and/or

where the walls are to be rebuilt; the removal of partitions and arches, or parts thereof,

from one or more floors in any building, or structure, which is being renovated or

remodeled; the removal of brick or concrete walls or walls to be rebuilt in their original

position; and the removal of concrete walls which are to be rebuilt in a different position

for the purpose of shortening the length or width of a building when said brick or

concrete walls are to be rebuilt; all general clean up work;

or metal fixtures for salvage or scrap, all hooking and signaling when materials for

salvage or scrap are removed by crane or derrick; all loading and unloading of

materials carried away from the sight of wrecking; all cleaning, storing, stockpiling or

handling of materials; all tearing down of work, removal of all debris, clean-up,

burning, back-filling and landscaping of the site of the wrecked structure;

(d) the use of any and all tools and/or equipment necessary to

perform this work including, without limitation, shovels, picks, bars, hammers, sledge

hammers, chisels, electrically and pneumatically operated hand tools (jack hammers,

all saws and cutting tools, including reciprocating and Skill saws, chipping guns, drills,

spaders, etc.);

(e) the use of all manually operated equipment used to raise, lower,

or hoist any and all equipment, tools or materials used to perform this work or to

remove any and all debris or salvaged materials; all cutting of any metal material,

salvage or debris on the job site, whether by manual, mechanical, or the use of

acetylene and oxygen burning equipment;

(f) any and all hazard protection work used to protect Building

Laborer employees, equipment, tools and materials and other employees on the job

site, and/or the public from any damage or injury, or threat thereof, resulting from the

performance of any of the work in this paragraph.

Section 4.

(a) Where the use of machinery is not practical Building Laborers shall do all

digging and backfilling of earth by the use of hand tools on all types of work

recognized as part of this Agreement.

(b) All cleaning, scraping and washing of floors and windows and the

cleaning of doors and door bucks, etc., as well as all other general clean up work, on

all jobs under construction shall be done by Building Laborers.

remodeling or alteration work.

(d) Handling of all precast, reinforced, prestressed planks, channels, beam

tees, column wall material or equipment, panels, assemblies, including the handling of

all precast modules as well as other work required by the Laborers’ International Union

when performed by signatories to this Agreement.

(e) Tending and assisting the erection, construction or installation of precast

or prefabricated masonry panels.

(f) Unloading, handling and assisting in the setting of precast sills and

coping where mechanical equipment is not used.

(g) The Building Laborers shall collect, remove, and load on trucks all

materials, debris, dust and rubbish from Concrete, Bricklayers, Stone Masons and

Carpenters (and from demolition or other work stipulated in this Article), and shall

collect and remove debris, dust, and rubbish from other building trades in the employ

of parties to their Agreement.

(h) Wherever there is a concrete batcher on a job site all work in connection

with the operation of the batcher shall be assigned to Building Laborers.

Section 5.

Except as provided by New York State Law, the Employer shall employ a

qualified Building Laborer on each job to issue all safety equipment and maintain, clean,

set up, transport and certify said equipment, under the supervision of a qualified person,

to all trades that require such equipment. Such work includes the filling and

maintenance of all fire extinguishers.

Section 6.

The Employer shall exclusively employ Building Laborers to perform the following

work:

The removal, abatement, encapsulation or decontamination of asbestos, lead

and other toxic and hazardous waste or materials which shall include but not

necessarily be limited to: the erection, building, moving, servicing and dismantling of all

enclosures, scaffolding, barricades, decontamination units and negative air machines,

etc.; the operation and servicing of all tools and equipment normally used in the removal

or abatement of such waste or materials, including without limitation, negative air

machines; the labeling, bagging, cartoning, crating, packaging and movement of such

waste or materials for disposal; the clean up of the work site and all other work

incidental to the removal, abatement, encapsulation or decontamination of such waste

or materials.

Section 7.

Jurisdiction of work as stipulated in this Article of the Agreement shall apply on

the construction, reconstruction, remodeling, alteration or demolition of the types of

construction hereinafter defined:

(a) Single or multiple building projects and all sidewalks, ramps,

retaining walls or any other construction which is a part of, or connected with a building

project; except sewer, water, gas lines or road work outside the property line.

(b) All buildings, gasoline stations, police booths, toll houses or any

other structure used as a habitation, work or storage house, or any parking structure.

construction of overpasses and underpasses.

(d) All building, passenger or freight stations, signal towers or any

other work as defined in Section 7(b) of this Article.

(i) Sewage Disposal Plants. All buildings as defined in Section

7(b) or any enclosed structure.

(ii) Underground Buildings. All work as defined in Section 7(a)

or any structure designated for habitation, manufacturing or

storage of materials.

Section 8.

If any other work is awarded or assigned to the Union by agreement, award or

act of the Laborers’ International Union of North America or the AFL-CIO, the

Association and the Union will meet to negotiate over including such work within the

jurisdiction of this Agreement.

ARTICLE V

Section 1.

(a) The regular hours of employment shall be from 8:00 A.M. to 3:30 P.M.

exclusive of the lunch period from 12 noon to 12:30 P.M., from Monday to Friday

inclusive. However, with the permission of the Union, starting time may vary between

7:00 A.M. and 9:00 A.M., but if so allowed, quitting time must be adjusted accordingly

from 2:30 P.M. to 4:30 P.M, such that a seven hour work day is maintained. Also, with

the permission of the Union, the regular hours of employment may be extended from

seven hours to eight hours. Building Laborers tending Masons, Carpenters and

Lathers shall have their lunch period conform to those of the Masons, Carpenters, or

Lathers with which they are working. Building Laborers tending Bricklayers may, if

required, start ten minutes before the regular time, but if so required must be allowed

ten minutes at the close of the working day.

(b) All work done outside of the regular hours as stipulated in Section 1 (a)

shall be paid at the rate of time and one-half, except as otherwise set forth in Section

1 (c) and except that Building Laborers assigned to work with Dock Builders or

Operating Engineers may be paid at their regular rate for the hour following the end of

their regular hours of employment, or any part thereof, whenever the Dock Builders or

Operating Engineers shall be working during such hour or part thereof at their

respective regular rates of pay.

New Year’s Day, Presidents Day, observed Decoration Day, Independence Day,

Labor Day, Thanksgiving Day, and Christmas Day, shall be paid for at the rate of

double time except that Building Laborers assigned to the wetting of concrete when

such operation is done by automatic equipment shall be paid at the rate of time and

one-half on Saturday, Sundays, holidays and during lunch hours. No work may be

done on Saturday, Sunday or any Holiday without the consent of the Business

Manager of the Union. All work done on Saturday shall be paid for at the rate of time

and one half.

(d) When a job or Employer requires a religious holiday other than those

enumerated above, said Holiday shall be a non-paid holiday provided five days’ written

notice is given to the Union prior to the Holiday.

(e) In the event that a Building Laborer or Laborers are unable to work for

four or more hours on any single day of work due to such reasons as adverse weather

conditions or Acts of God or widespread power failure or fire, then the Employer may

schedule a Saturday Make Up Day on the Saturday immediately following the day on

which the Building Laborers are unable to work. The number of hours of work missed

on any single day shall determine the number of hours to be paid at straight time on

that Saturday, provided that no more than seven hours shall be paid at straight time

on any single Saturday. The additional hours worked on Saturday shall be at the usual

premium rates.

(f) Where the job location requires the Building Laborer to walk up or down

more than four floors the Laborer shall be allowed a reasonable time during working

hours at starting, quitting and lunch time to walk up and down from the job location; or

suitable shanties shall be located on each fourth (4th) floor.

(g) Where the worksite is on an island, working time shall be paid from the

time the Employee leaves the mainland to the time that he returns to the mainland

(portal to portal).

(h) When performing alteration or repair work in an occupied building (not

new construction), and when it is not possible to perform said work during regular

working hours, said work shall proceed during off hours as scheduled by the Employer

and with the permission of the Business Manager of the Union. The work day on such

work shall consist of seven hours, however the employee shall be paid for eight hours

and the Employer shall remit fringe benefit contributions to the trust funds set forth in

this Agreement on behalf of such employee for eight hours of work. All hours worked

in excess of seven shall be paid at the overtime rate.

Section 2.

The Employer may schedule additional shifts of Building Laborers to commence

work after the regular hours of employment with written notification to the Union.

Building Laborers working additional shifts shall receive eight hours pay for seven

hours work at the straight time wage rate. All hours worked in excess of seven hours

shall be paid at the rate of time and one half. All fringe benefit contributions shall be

paid on the first eight hours paid; fringe benefit contributions shall thereafter be paid

on the basis of hours worked. An Employer shall not work a second shift unless there

is a first shift of normal size and shall not work a third shift unless there are first and

second shifts of normal size. The second shift shall not commence before the first shift

is concluded and the third shift shall not commence before the second shift is

concluded. A Shop Steward shall be appointed for each shift pursuant to Article VIII,

Section 1.

ARTICLE VI

Section 1.

(a) Effective July 1, 2005, Employers shall pay wages to Building Laborers

and fringe benefits as follows:

Wages

per hour

$26.25

Welfare

per hour

$7.15

Pension

per hour

$6.08

Vacation

per hour

$2.10

Training Annuity NYS Health GNY NYS Local 66

Program Fund & Safety LECET LECET Dues check off

per hour per hour per hour per hour per hour per hour

$.25 $4.60 $.05 $.22 $.10 $1.60

Wages include Building Laborers Dues Check-off and MTDC PAC required

deductions.

Dues Check-off and MTDC PAC required deductions are variable as established

by the Mason Tenders District Council of Greater New York.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in

this section, and effective July 1, 2006, wages and/or fringe benefit contributions shall

be increased by $1.94 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in

this section, and effective July 1, 2007, wages and/or fringe benefit contributions shall

be increased by $2.01 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in

this section, and effective July 1, 2008, wages and/or fringe benefit contributions shall

be increased by $1.52 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in

this section, and effective July 1, 2009, wages and/or fringe benefit contributions shall

be increased by $2.08 per hour.

(b) The Union, in its sole and absolute discretion, reserves the right to

allocate and/or reallocate any portion of the foregoing increases to any of the fringe

benefit funds, as well as the right to reallocate any of the amounts currently allocated to

wages or to the fringe benefit funds as set forth in this Article.

VI, Section 1(a) hereof is paid on any job to any Building Laborers other than Foremen

or Assistant Foremen, the highest hourly rate of wages shall be the rate of wages for all

Building Laborers on such job from the date such excess rate was paid to any such

Building Laborer to the date of completion of such job.

Section 2.

(a) Effective for the period July 1, 2005 to June 30, 2010, and subject to

the Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b)

of this Article, the Employer shall pay weekly to the Trustees of the General Building

Laborers’ Local 66 Welfare Fund (“Local 66 Welfare Fund”) $7.15 per hour for all

hours worked by Building Laborers, Building Laborers Foremen and Building Laborers

Assistant Foremen, for the purpose of providing benefits for death, accident, health,

medical and surgical care, hospitalization and other such forms of group benefits for

Building Laborers, their spouses, and their eligible children, as the Trustees, in their

sole and absolute discretion, may determine and, in addition, out of said monies the

Trustees of the Welfare Fund shall provide coverage to conform with the New York

State Disability Insurance Law for all Building Laborers for the period of this Trade

Agreement, the cost of which shall be borne by such Welfare Fund. It is the intention

of the parties that no contributions shall be required on the premium portion of wages.

Welfare benefits provided pursuant to the Trust Agreement and/or Plan shall be

extended to eligible employees, retirees, full time salaried employees of the Union and

employees of the Local 66 Welfare Fund, the Local 66 Pension Fund, the Local 66

Vacation Fund, the Local 66 Training Fund, the Local 66 Annuity Fund, the New York

State Health and Safety Fund, the New York State Laborers-Employers Cooperation

and Education Trust and the Greater New York Laborers-Employers Cooperation and

Education Trust (sometimes, hereinafter referred to as the “General Building Laborers’

Local Union No. 66 Fringe Benefit Funds” or “Fringe Benefit Funds”), provided

contributions are made to the Local 66 Welfare Fund on their behalves in the same

amounts as are paid by other Employers.

(b) Effective for the period July 1, 2005 to June 30, 2010, and subject to the

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the Trustees of the General Building

Laborers’ Local 66 Pension Fund (“Local 66 Pension Fund”) $6.08 per hour for all

hours worked by Building Laborers, Building Laborer Foremen and Building Laborer

Assistant Foremen. Contributions to the Pension Fund shall be utilized for the purpose

of providing Pension and other Benefits for the eligible Building Laborers as the

Trustees, in their sole and absolute discretion, may determine. It is the intention of the

parties that no contributions shall be required on the premium portion of wages.

Pension benefits provided pursuant to the Trust Agreement and/or Plan shall be

extended to eligible employees, retirees, full time salaried employees of the Union and

employees of the Local 66 Welfare Fund, the Local 66 Pension Fund, the Local 66

Vacation Fund, the Local 66 Training Fund, the Local 66 Annuity Fund, the New York

State Health and Safety Fund, the New York State Laborers-Employers Cooperation

and Education Trust and the Greater New York Laborers-Employers Cooperation and

Education Trust, provided contributions are made to the Local 66 Pension Fund on

their behalves in the same amounts as are paid by other Employers.

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the Trustees of the General Building

Laborers’ Local 66 Vacation Fund (“Local 66 Vacation Fund”) $2.10 per hour for all

hours worked by Building Laborers, Building Laborer Foremen and Building Laborer

Assistant Foremen. Contributions to the Vacation Fund shall be utilized for the

purpose of providing Vacation and other Benefits for the eligible Building Laborers as

the Trustees, in their sole and absolute discretion, may determine. It is the intention of

the parties that no contributions shall be required on the premium portion of wages.

Vacation benefits provided pursuant to the Trust Agreement and/or Plan shall

be extended to eligible employees, retirees, full time salaried employees of the Union

and employees of the Local 66 Welfare Fund, the Local 66 Pension Fund, the Local

66 Vacation Fund, the Local 66 Training Fund, the Local 66 Annuity Fund, the New

York State Health and Safety Fund, the New York State Laborers-Employers

Cooperation and Education Trust and the Greater New York Laborers-Employers

Cooperation and Education Trust, provided contributions are made to the Local 66

Vacation Fund on their behalves in the same amounts as are paid by other Employers.

(d) Effective for the period July 1, 2005 to June 30, 2010, and subject to the

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the General Building Laborers’ Local 66

Training Fund (“Local 66 Training Fund”) $0.25 per hour for all hours worked by

Building Laborers, Building Laborer Foremen and Building Laborer Assistant Foremen.

Contributions to the Training Fund shall be used for the purpose of providing

education and training in the handling of asbestos, insulating, toxic and hazardous

waste and materials. It is the intention of the parties that no contributions shall be

required on the premium portion of wages.

(e) Effective for the period July 1, 2005 to June 30, 2010, and subject to the

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the Trustees of the General Building

Laborers’ Local Union No. 66 Annuity Fund (“Local 66 Annuity Fund”) $4.60 per hour

for all hours worked by Building Laborers’, Building Laborer Foremen and Building

Laborer Assistant Foremen. Contributions to the Annuity Fund shall be utilized for the

purpose of providing annuity and other benefits to eligible Building Laborers as the

Trustees, in their sole and absolute discretion, may determine. It is the intention of the

Parties that no contributions shall be required on the premium portion of wages.

Annuity benefits provided pursuant to the Trust Agreement and/or Plan shall be

extended to eligible employees, retirees, full time salaried employees of the Union and

employees of the Local 66 Welfare Fund, the Local 66 Pension Fund, the Local 66

Vacation Fund, the Local 66 Training Fund, the Local 66 Annuity Fund, the New York

State Health and Safety Fund, the New York State Laborers-Employers Cooperation

and Education Trust and the Greater New York Laborers-Employers Cooperation and

Education Trust, provided contributions are made to the Local 66 Annuity Fund on

their behalves in the same amounts as are paid by other Employers.

(f) Effective for the period July 1, 2005 to June 30, 2010, and subject to the

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the authorized agent of the New York

State Health and Safety Fund (“New York State Health and Safety Fund”) $0.05 per

hour for all hours worked by Building Laborers, Building Laborer Foremen and

Building Laborer Assistant Foremen. It is the intention of the Parties that no

contributions shall be required on the premium portion of wages.

(g) Effective for the period July 1, 2005 to June 30, 2010, and subject to the

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the authorized agent of the New York

State Laborers-Employers Cooperation and Education Trust (“New York State

LECET”) $0.10 per hour for all hours worked by Building Laborers, Building Laborer

Foremen and Building Laborer Assistant Foremen. It is the intention of the Parties that

no contribution shall be required on the premium portion of wages.

(h) Effective for the period July 1, 2005 to June 30, 2010, and subject to the

Union’s right to allocate and/or reallocate as provided in Section 1, Subdivision (b) of

this Article, the Employer shall pay weekly to the authorized agent of the Greater New

York Laborers-Employers Cooperation and Education Trust (“Greater New York

LECET”) $0.22 per hour for all hours worked by Building Laborers, Building Laborer

Foremen and Building Laborer Assistant Foremen. It is the intention of the Parties that

no contribution shall be required on the premium portion of wages.

Section 3.

The Local 66 Welfare Fund, the Local 66 Pension Fund, the Local 66 Vacation

Fund, the Local 66 Training Fund, the Local 66 Annuity Fund, the New York State

Health and Safety Fund, the New York State LECET, and the Greater New York

LECET as provided for by the Trade Agreement, shall be jointly administered by

Trustees designated equally between the Employers and the General Building

Laborers’ Local Union No. 66. The Union shall select two Trustees and the Employers

shall select two Trustees. Employer Trustees shall be designated as follows: one from

the Building Contractors Association, Inc. and one from the Association of Concrete

Contractors of Long Island, Inc.

Section 4.

All amendments necessary to effectuate any changes in this Article shall be

made in the trust documents, including a provision that the concurrences of one

employer designated Trustee and one Union-designated Trustee of any Fund shall be

necessary for the approval of any action to be taken by such Trustees.

Section 5.

(a) Any Employer that becomes a member of the Association on or after July

1, 2005 shall post and maintain a bond to ensure payment of contributions to the

Fringe Benefit Funds set forth in this Article of the Agreement and remittance of dues

check-offs and MTDC PAC deductions to the Union. The minimum amount of the bond

shall be determined by the number of hours of work performed by the Building Laborer

employees of the Employer in the prior year. The minimum amount of the bond shall

be as follows:

Number of Building Laborer Hours Minimum Bond

0 to 1,999 hours $3,000.00

2,000 to 4,999 $7,500.00

5,000 to 9,999 $15,000.00

10,000 to 19,999 $20,000.00

20,000 or more $25,000.00

(b) In the event a deficiency should be determined by an audit of the

Employer’s books and records, the Union in its sole and absolute discretion may

require the Employer to post and maintain a bond in the amount of twice the audited

deficiency within 60 days of receiving notice from the Union of the requirement to post

and maintain such a bond.

sole discretion and upon the sole consent of the Trustees of General Building

Laborers’ Local Union No. 66 Fringe Benefit Funds, furnish cash and/or collateral

alternatives in satisfaction of this bonding requirement. The General Building Laborers’

Local Union No. 66 may, In its absolute discretion, require an additional increase in

the amount of the bond posted by an Employer.

(d) Each joint venturer shall furnish the Union with a rider from its respective

surety company, confirming that its respective Bond protects the Union and the

General Building Laborers’ Local Union No. 66 Fringe Benefit Funds during the period

of the joint venture

(e) In the event the Trustees receive payment either on a bond or through

forfeiture of a certificate of deposit or collateral alternative under this Section 5 and

said payment is insufficient to satisfy the entire deficiency in the payment of

contributions to the Fringe Benefit Funds set forth in this Article of the Agreement and

in remittance of dues check-offs and MTDC PAC deductions to the Union, then the

Trustees shall make a pro rata payment to each of the Fringe Benefit Funds set forth

in this Article of the Agreement and to the Union in an amount equivalent to the

percentage of the total deficiency received by the Trustees through forfeiture of the

bond or the certificate of deposit or collateral alternative.

Section 6.

The Employer will contribute $0.25 per hour for each hour of employment of

Building Laborers to the Building Contractors Association Industry Advancement

Program, 451 Park Avenue So., New York, New York 10016.

Section 7.

(a) The books and records of the Employer shall be made available at all

reasonable times for inspection and audit by the accountants or other representatives

of the Fringe Benefit Funds set forth in this Article of the Agreement, including, without

limitation, all payroll sheets, W-2 forms, New York State Employment Reports,

Insurance Company Reports and supporting checks, ledgers, general ledger, cash

disbursement ledger, vouchers, 1099 forms, evidence of unemployment insurance

contributions, payroll tax deductions, disability insurance premiums, certification of

workers’ compensation coverage, and any other items concerning payroll(s). In

addition, the aforementioned books and records of any affiliate, subsidiary, alter ego,

joint venture, successor or related company of the Employer shall also be made

available at all reasonable times for inspection and audit by the accountants of the

Fringe Benefit Funds set forth in this Article of the Agreement. The Employer shall

retain, for a minimum period of six years, payroll and related records necessary for the

conduct of a proper audit in order that a duly designated representative of the

Trustees may make periodic review to confirm that contributions owed pursuant to this

Agreement are paid in full.

(b) In the event, after the Trustees have made a reasonable request, the

Employer fails to produce its books and records necessary for a proper audit, the

Trustees, in their sole discretion, may determine that the Employer’s monthly hours

subject to contributions for each month of the requested audit period are the highest

number of employee hours for any month during the last twelve months’ audited, or

during the last twelve months for which reports were filed, whichever monthly number

of hours is greater. Such determination by the Trustees shall constitute presumptive

evidence of delinquency. Prior to making such determination, the Trustees shall mail a

final seven day written notice to the Employer advising him that such determination

shall be made if the Employer does not schedule a prompt audit. Nothing herein shall

mean that the Funds relinquish their right to commence legal proceedings to compel

an examination of the Employer’s books and records for audit.

substantially delinquent, as defined herein, in the payment of fringe benefit

contributions to the Fringe Benefit Funds set forth in this Article of the Agreement, the

Employer shall bear the imputed cost of the audit as set forth below:

total audited deficiency X number of months audited = imputed cost of audit

150

Substantially delinquent is defined as any deficiency in the payment of fringe benefit

contributions to the Fringe Benefit Funds set forth in this Article of the Agreement in

excess of 10% of the fringe benefit contributions paid to the Fringe Benefit Funds set

forth in this Article of the Agreement during the period that is the subject of the audit.

In the event the Fringe Benefit Funds set forth in this Article of the Agreement bring an

action to recover the imputed costs of audit, the Employer shall be obligated to pay the

reasonable costs and attorneys’ fees incurred in bringing said action.

(d) In the event the Employer fails to produce the books and records

necessary for an audit as set forth in Subsection 6(a) of this Article of the Agreement,

the Employer agrees to pay a penalty of $400.00. In the event the Fringe Benefit

Funds set forth in this Article of the Agreement bring an action to obtain an audit of the

Employer’s books and records, the Employer shall be obligated to pay the reasonable

costs and attorneys’ fees incurred in bringing said action.

(e) If after an audit of its books and records the Employer is found to be

delinquent in the payment of fringe benefit contributions to the Fringe Benefit Funds

set forth in this Article of the Agreement then the Employer shall pay, in addition to the

delinquent fringe benefit contributions, interest on the unpaid amounts from the date

due until the date of payment at the rate prescribed under Section 6621 of Title 26 of

the United States Code. In the event the Fringe Benefit Funds set forth in this Article

of the Agreement bring an action to recover the interest on delinquent fringe benefit

contributions, the Employer shall be obligated to pay the reasonable costs and

attorneys’ fees incurred in bringing said action.

(f) In the event that formal proceedings are instituted before a court of

competent jurisdiction by the Trustees of the Fringe Benefit Funds set forth in this

Article of the Agreement to collect delinquent contributions to such Fund, and if such

court renders a judgment in favor of such Fund, the Employer shall pay to such Fund,

in accordance with the judgment of the court, and in lieu of any other liquidated

damages, costs, attorney’s fees and/or interest, the following:

(i) the unpaid contributions;

(ii) interest on unpaid contributions determined by using the rate

prescribed under Section 6621 of Title 26 of the United States

Code;

(iii) interest on the unpaid contributions as and for liquidated

damages;

(iv) reasonable attorneys’ fees and costs of the action;

(v) such other legal or equitable relief as the court deems appropriate.

(g) The Employer hereby agrees that in the event any payment to the Union

or to the Fringe Benefit Funds set forth in this Article of the Agreement by check or

other negotiable instrument results in the check or negotiable instrument being

returned without payment after being duly presented, the Employer shall be liable for

additional damages in the amount of $250.00 to cover such additional costs, charge

and expenses. Nothing herein is intended, nor shall be interpreted, to mean that the

Fringe Benefit Funds set forth in this Article of the Agreement or Union waive any

other liquidated damages.

(h) In the event the Employer does not make the payments to the Fringe

Benefit Funds, or remit dues check-offs and MTDC PAC deductions within seven days

of the due dates specified in this Article, it is agreed that the Employer shall be liable

for an additional payment of twelve percent, or the percentage rate prescribed under

Section 6621 of Title 26 of the United States Code, whichever is greater, of the

amount owing from the close of the day on which any such payment was due to the

date when payment is actually made as and for liquidated damages.

(i) If an audit of the Employer’s books and records is required and a

deficiency in fringe benefit fund contributions or remittance of working dues check-offs

and MTDC PAC deductions is found which is not paid within seven days after

reasonable notice, the Employer agrees to pay as additional liquidated damages

twelve percent, or the percentage rate prescribed under Section 6621 of Title 26 of the

United States Code, whichever is greater, of the amount owing from the close of the

business of the day on which any such payment was initially due to the date actually

paid, plus the cost of all audit, accountants’, attorneys’ and other fees necessary to

effect collection of the deficiency.

(j) Where payment is made or an audit is conducted pursuant to a judgment

or court order, the Employer recognizes the right of the Trustees of General Building

Laborers’ Local Union No. 66 Fringe Benefit Funds to have the court enter an order

permanently enjoining the Employer and its agents, representatives, directors,

officers, stockholders, successors and assigns, for the remaining term of this

Agreement from failing, refusing or neglecting to submit the required employer

remittance reports and/or to pay the required contributions to the General Building

Laborers’ Local Union No. 66 Fringe Benefit Funds, and requiring the Employer to

cooperate in an audit in accordance with the provisions of this Agreement. In

consideration of this Agreement the Employer represents and warrants that it will not

raise any defense, counterclaim or offset to the Trustees’ application for this order.

Section 8.

(a) All fringe benefit contributions shall be paid by supplying Laborers with

Fringe Benefit Fund Stamps (hereinafter “Stamps”). The Stamps shall be purchased

from the custodial bank designated by the Funds. The Employer shall provide to the

Laborers the correct number of Stamps for the payroll period simultaneously with the

payment of wages. The Employer shall be further bound by any and all bylaws,

amendments and or procedures adopted by the Trustees of the Funds regarding the

payment of fringe benefit contributions by Stamps.

(b) The Union shall, on 90 days’ notice, be permitted to terminate the use of

Stamps as a method of payment of Fringe Benefit Contributions. The Trust Funds

shall then be permitted to promulgate, and the Employer shall be bound by such

procedures for the payment of Fringe Benefit Fund Contributions as the Trustees shall

in their sole and absolute discretion deem appropriate.

Section 9.

(a) The Employer shall make payment of all wages due in lawful currency,

except those Employers making payment by check as per Section 9(b) of this Article.

Payments shall be made in sealed envelopes and plainly marked, showing Employer’s

name and address (printed or stamped), Building Laborer’s name, hours worked,

amount earned and deductions required by law, and the net amount due.

(b) Notwithstanding anything herein contained, the Employer shall have the

right to make weekly payments of wages by check provided:

i. Ail legal requirements are complied with;

ii. Written notice by registered mail shall first have been given to the

General Building Laborers’ Local Union No. 66;

iii. Delivery of checks to Building Laborers shall be at least one day

preceding a banking day.

In the event that a salary check is not honored by the bank on which drawn for

any reason whatsoever, then the Building Laborer affected thereby shall be entitled to

two days’ extra pay for waiting time.

on such other day as is designated by the Employer at the beginning of the job, on the

job or shop where they are working before quitting time, i.e. 3 30 P.M. When the

designated pay day falls on a holiday, the Building Laborers shall be paid on the work

day immediately prior to that holiday. Notwithstanding any other provision in this

Agreement, no Employer shall hold back more than three days pay.

(d) Where Building Laborers are not on the job, for any reason for which the

Employer is not responsible, or when the paymaster is paying off the men, they may

be sent to the main office for their pay but without any allowance for the time spent

going to and from the office; but when the men are not on the job because of any

reason for which the Employer is responsible, they will be allowed one hour with pay

in going to the office for their pay, except where the distance is unusually great. Where

Building Laborers are not paid on the specified day during working hours, they shall be

paid single time for all waiting time at the rate of seven hours per day, not to exceed

fourteen hours.

(e) When Building Laborers are to be discharged they must be notified

during working hours and must be paid immediately. A violation of this rule entitles the

Building Laborer to the regular single time rate per hour for the working time that

elapses between the time of discharge and the time of receiving his money, provided

the claimant remains on the job or at the office during all working hours until he is

paid. It is understood, however, that no waiting time claim in excess of fourteen hours

will be considered nor shall the claimant remain on the job for a longer time. The

Employer and the Union may agree that when Building Laborers are discharged, their

wages may be mailed to them rather than provided to them at the job site. In such

cases, the Employer shall mail wages to the discharged Building Laborers within 48

hours of the discharge. If the Employer fails to mail the wages within 48 hours of the

discharge, the Employer shall pay to the discharged Building Laborers $100.00 per

day for each day it has failed to mail the wages. For the purposes of this provision, the

post marked date on the envelope shall be deemed the date of mailing.

(f) All Building Laborers discharged between the hours of 8:00 and 12:00

noon shall be paid until 12:00 noon on the date of discharge. All Building Laborers

discharged between the hours of 12:30 and 3:30 P.M. shall be paid until 3:30 P.M.

This does not apply to men not on the job at starting time.

(g) Should work be stopped for any cause beyond the control of either party

to this Agreement, no claim for lapsed time shall be made for the time of the

unavoidable cessation of the work, and if the Building Laborers demand their wages for

the working time due, those wages shall be paid within six banking hours after the

demand is made upon the Employer, If weather conditions prohibit work from being

performed, it shall be considered a condition beyond the control of the Employer.

(h) The Union may immediately withdraw Building Laborers from any job to

enforce payment of wages or of contributions to the Fringe Benefit Funds set forth in

this Article of the Agreement. The Union may also immediately withdraw Building

Laborers to enforce the requirement of the Agreement that Union dues and MTDC PAC

contributions be deducted from the wages of Building Laborers or to enforce payment to

the Union of Union dues and MTDC PAC contributions already deducted from the

wages of Building Laborers.

(i) If Building Laborers are withdrawn from any job to enforce payment of

wages or of contributions to the Fringe Benefit Funds set forth in this Article of the

Agreement, or to enforce the requirement of the Agreement that Union dues be

deducted from the wages of Building Laborers or to enforce payment to the Union of

Union dues and/or MTDC PAC contributions already deducted, the Building Laborers

who are affected by such stoppage of work shall be paid for lost time not exceeding

fourteen hours provided that three days’ notice of the intention to remove Building

Laborers from a job is given to the Employer by the Union by registered or certified mail.

(j) The Employer agrees to and shall be bound by all terms and conditions of

the Trust Agreement creating the Fringe Benefit Funds set forth in this Article of the

Agreement and by any rules, regulations or By-Laws adopted by the Trustees of the

Funds to regulate said Funds, as they may be amended from time to time, except to the

extent any Funds’ document contradicts the terms of this Agreement.

(k) Payments by Employers to Trustees of the Fringe Benefit Funds set forth

in this Article of the Agreement shall be accompanied by reports furnished by the

Trustees of the respective Funds, in such form and containing such data as the

Trustees may from time to time determine in their discretion to be necessary.

(I) If a Building Laborer is sent by the Employer to a different job during

working hours, he must be paid during the time he is traveling between jobs.

(m) When Building Laborers are requested to report and do report to the job

ready to work at starting time, they must receive at least one day’s employment,

provided, however, the weather permits and all necessary materials are available to

perform the necessary work and the related crafts with whom they work are working

and/or work opportunity is not otherwise impeded by conditions beyond the

Employer’s control. Under all other circumstances, when Building Laborers are

requested to report and do report to the job ready to work at starting time but are not

put to work, they shall be paid for two hours of work and the Employer shall remit

fringe benefit contributions on behalf of such Building Laborers for two hours of work.

Section 10.

(a) If three shifts of Building Laborers are required in connection with any

work on any job site or any project except that stipulated in Article 4 Section 1(s)(i), for

at least three or more consecutive twenty-four hour periods the length of each shift

shall be seven hours exclusive of the lunch period. All Building Laborers employed on

the entire project, without regard to the identity of the Employer, shall be paid eight

hours’ pay at regular hourly wages for the seven hour period and the Employer shall

remit fringe benefit contributions on behalf of such Building Laborers for eight hours of

work. No Building Laborer may work on more than one shift period in a twenty-four

hour period. The provisions of this Subsection 9(a) shall not apply unless three or

more consecutive twenty-four hour periods are to be worked.

(b) The Union shall appoint a steward for each shift.

Section 11.

(a) The Employer shall deduct $1.60 per hour, plus any additional sum per

hour hereafter specified by the Union, as dues from the wages of all Building Laborers

who authorize such deduction in writing and then promptly pay over such sums to the

Mason Tenders District Council of Greater New York not later than one week after said

deduction. The sum transmitted shall be accompanied by a statement, in a form

specified by the Union, reporting the name of each person whose working dues check¬

offs are being paid and the number of hours each Building Laborer has been paid.

(b) It is mutually agreed that the Employee assignment authorizing the

aforementioned union dues shall be in blanket form and filed with the Mason Tenders

District Council of Greater New York.

and all claims and/or actions arising out of dues check-off or MTDC PAC deductions

made in accordance with this Agreement, providing that the dues check-off and MTDC

PAC deductions shall be paid over to the Mason Tenders District Council of Greater

New York.

(d) The Union shall have the power to require the Employer, and the Employer

when so required, shall furnish the Union such information and reports and make

available such books and records as the Union may require to verify the collection of

dues check-off and MTDC PAC contributions provided by this Section. Failure to abide

by this subsection may cause immediate removal from the job of Building Laborers,

anything in this Agreement to the contrary notwithstanding.

Section 12.

The Employer agrees to deduct and transmit to the Mason Tenders District

Council Political Action Committee (“MTDC PAC”) $0.10, or such other amount as the

Union may from time to time designate in writing to the Employer, for each hour worked

from the wages of those employees who have voluntarily authorized such contributions

on the forms provided for that purpose by the Union. These transmittals shall occur

weekly, and shall be accompanied by a list of the names of those employees for whom

such deductions have been made, and the amount deducted for each such employee.

ARTICLE VII

Section 1.

(a) Wherever a signal man is required in the performance of Building

Laborers work, he shall be a Building Laborer.

(b) Where a materials hoist is provided to hoist materials handled by Building

Laborers on any operation, a Building Laborer shall be stationed at the bottom of the

shaft at all times. He shall assist in removing such materials on the hoist, and he shall

be in sole charge of giving the signal for hoisting to the Engineer. It is further agreed

that a Building Laborer shall be stationed at all floors on which his work is going on as

specified in this Agreement and his sole duties shall be to assist in removing such

materials from the hoist and in placing such materials on the hoist, and he shall be in

absolute control of the signal ropes for raising or lowering such materials from the

elevator or hoist from the floors he is on.

Section 2.

(a) It is agreed that the maximum combined weight of material and barrow to

be handled by one Building Laborer is three hundred (300) pounds.

(b) When pallets are to be used on a job the maximum number of blocks or

bricks on any pallet shall be as follows:

16 pieces 12″ block, or

24 pieces 8″ block, or

32 pieces 6″ block, or

48 pieces 4″ block, or

216 Jumbo Brick, on each pallet, or

248 Regular Brick on each pallet.

Contents of mortar box to be limited to 6 cubic feet.

Two Building Laborers on the jack and mortar boxes when being

wheeled with load.

One Building Laborer accompanying each forklift or loader; and

also, if required for safety, a backhoe.

Mortar boxes are to be loaded on scaffold directly over the ledges,

and poles are not to be more than eight (8) feet apart.

Section 3.

(a) The Employer shall furnish all tools required in performing the work

covered by this Agreement, and the Building Laborers shall be held responsible for all

tools issued to them. The Employer shall also be responsible for providing hard hats,

rain gears and boots.

(b) The Employer shall provide, for the use of Building Laborers, a suitable

shelter and the Union representative and Association representative responsible for

the jobsite shall determine the adequacy of the shelter, which shall have light and heat

adequate for changing of clothes and as a place to eat, and which shall not be used

for the storage of tools. The Employer shall be responsible for the loss of clothing or

overalls caused by fire or forcible entry to the shelter. Such liability shall be limited to

$75 for clothing and $75 for shoes upon submission of proper proof of loss to the

arbitrator provided for in Article Ten who shall make a binding determination.

Section 4.

When four (4) or more Cement Masons are working overtime, at least one (1)

Building Laborer must be employed to tend the Cement Masons, and to do other work

in the vicinity where the Cement Masons are working.

Section 5.

All jurisdictional claims in this Agreement shall be subject to existing practices

and agreements and future jurisdictional decisions.

Section 6.

No provision of this Agreement shall supersede any Municipal, State or Federal

law which imposes more stringent requirements as to wages, hours of work, or as to

safety, sanitary or general working conditions than are imposed by this Agreement.

Section 7.

A Joint Safety Committee shall be created of three (3) representatives from the

Union and three (3) representatives of the Association bound to collective bargaining

agreements with the Union regarding work conditions on construction sites. This

committee will only have advisory power and does not have authority to add to, subtract

from, or modify the terms of the Agreement.

ARTICLE VIII

Section 1.

(a) Where Building Laborers are employed on a job, the Local Union shall

designate a Shop Steward who shall be the second Building Laborer on the job. The

Shop Steward shall monitor the Employer’s compliance with the terms and conditions of

this Agreement. In the event the Shop Steward becomes aware of non-compliance with

this Agreement by the Employer, the Shop Steward shall so inform the Local Union that

appointed the Shop Steward. The Shop Steward shall retain possession of the key to

the tool house and see to it that it is open in ample time at starting time and securely

locked at quitting time. The Shop Steward shall perform these duties as shop steward

with the least possible inconvenience to the Employer. The Shop Steward is to work as

a Building Laborer and not use the position as Shop Steward to avoid performance of

the Shop Steward’s duties as a Building Laborer. On overtime work the Shop Steward

shall always be the second Building Laborer employed for overtime work, except in

cases where overtime is only available for one General Laborer, such overtime

opportunities shall alternate between the Foreman and Shop Steward. If the Shop

Steward is rejected or discharged, the rejection or discharge shall be grieved

commencing with Step 2 of the grievance procedure set forth in Article X of this

Agreement, and if any time has been lost, the Shop Steward shall be paid for all lost

time up to thirty days only. The Shop Steward is to work up to the completion of the

job and shall be the last Building Laborer to be discharged. Where more than one

Employer does Building Laborer work on a job site, each Employer shall employ

Building Laborers exclusively to perform the work and each Employer shall employ

Building Laborers Shop Stewards. The Union shall have the right to remove and

replace any Shop Steward.

(b) The term “Shop Steward” as used in this Agreement shall mean those

Building Laborers who have been trained and hold a current certification by the Union

to serve as shop stewards.

Section 2.

The Business Agent, Business Manager or other designated representative of

the Union shall have the right to visit and go upon the Employer’s jobs during working

hours, and said person shall not be interfered with while making such visits.

Section 3.

The Employer may select individuals to serve as a Building Laborer General

Foreman and Building Laborer Deputy Foremen. The Employer shall select whomever

the Employer chooses for the positions of Building Laborer General Foreman and

Building Laborer Deputy Foremen without regard to the provisions of Article III,

Section 2 of this Agreement. The Building Laborers General Foreman may be the first

Building Laborer hired by the Employer. A Building Laborer General Foreman shall be

required on all jobs where eight or more Building Laborers are employed per shift.

Such General Foreman shall be representative of the Employer and shall be in direct

charge of the Building Laborers on the job, but shall not perform the work of a Building

Laborer. The Employer may hire a Deputy Foreman in the event there are more than

eight Building Laborers working on the job site. The ratio of Deputy Foremen to

Building Laborers shall not exceed one Deputy Foreman to eight Building Laborers on

any job site.

All Building Laborer General Foremen shall be paid a weekly salary which shall

not be less than $35.00 per day above the prescribed rate for Building Laborers in this

Agreement. Building Laborer Deputy Foremen shall be paid a weekly salary which

shall not be less than $25.00 per day above the prescribed rate for Building Laborers

in this Agreement. The Building Laborers General Foreman shall take his orders from

the Employer’s supervisor on the job.

AETICLE..IX

Section 1.

The Employer guarantees that there will be no lockouts for any reason during

the term of this Agreement and the Union guarantees that there will be no strikes

during the term of this Agreement except:

(a) Where the Employer, at any job site, contracts or subcontracts work

covered by this Agreement to any other person, firm, partnership,

corporation or joint venture that is not bound by an Agreement with the

Union;

(b) When the Employer fails to pay wages or fringe benefit contributions, or

to remit dues check-offs and MTDC PAC required deductions, but only

after Local 66 provides the Employer with 24-hours’ notice of the intent to

strike;

inspection and audit by the Funds;

(d) When the Shop Steward is discharged without prior approval by the

Business Manager;

(e) When an employee is discharged for his or her Union membership or

activity;

(f) When the Employer has required an employee to work under dangerous

or unsafe conditions.

Section 2.

It shall not be a violation of this Agreement or cause for discharge or

disciplinary action for an employee to refuse to enter upon any job site involved in a

primary labor dispute, or refuse to cross or work behind a primary picket line

established by any union.

ARTICLE X

Section 1.

Except as herein otherwise provided in Article IX of this Agreement and except

claims, disputes and demands arising out of the Employer’s wage or fringe benefit

contribution obligations set forth in Article VI of this Agreement or disputes concerning

the termination, extension or modification of this Agreement as set forth in Article XII

of this Agreement, all complaints, disputes or grievances arising between the parties

hereto involving questions of interpretation or application of any clause of this

Agreement, or any acts, conduct or relations between the parties or their respective

members or employees, directly or indirectly shall be resolved in accordance with the

procedure set forth in the balance of this Article.

Section 2.

The steps listed below shall be followed in sequential order:

Step 1: The Employer or his representative shall meet with the representative of

the Union, and attempt to adjust the grievance between them on a job-level basis as

promptly as possible, but in no event later than ten calendar days after the grievance

arose. If the parties at this step cannot resolve the grievance within the ten calendar

days after said period, either party may notify the other party involved in writing, that it

invokes Step 2.

Step 2: Upon receipt of notification that the grievance cannot be settled in the

manner prescribed in Step 1, the complaint, dispute or grievance shall be submitted in

writing by the party hereto claiming to be aggrieved to the other party hereto and the

Joint Arbitration Board which will consist of three representatives designated by the

Union and three representatives designated by the Association. The Joint Arbitration

Board shall in the first instance investigate such complaints, grievances or disputes

and attempt adjustment. Decisions determining such complaints, disputes and

grievances shall be arrived at within fifteen calendar days after the submission in

writing in the manner above referred to of such complaint, dispute or grievance, unless

such time is extended in writing by the Joint Arbitration Board. Decisions rendered by

a majority of the Joint Arbitration Board shall be binding on the parties hereto.

Step 3: If a complaint, dispute or grievance shall not have been settled through

the foregoing procedure, then either party may with fifteen calendar days give the

other party notice of its desire to submit the complaint, dispute or grievance to

Arbitration. William DiCindio, Arthur Regal, and Janet McCeneany shall serve as

arbitrators in successive disputes which the parties have been unable to resolve in

Steps 1 or 2, and shall serve in the order they herein appear. The arbitrators will be

chosen in rotating order to hear such disputes and shall make dates available

promptly to conduct such hearings. The Arbitrator will follow and be bound by the rules

of procedure adopted by the American Arbitration Association.

The Arbitrator shall fix a time and a place in Nassau County, New York for a

hearing upon reasonable notice to each party. After such hearing the Arbitrator shall

promptly render a decision which shall be binding upon both parties but the Arbitrator

shall have no power to render a decision which adds to, subtracts from or modifies this

Agreement; the decision shall be confined to the meaning of the contract provision

which gave rise to the dispute. The Arbitrator cannot order pay for time not worked

except in cases of unwarranted suspensions or discharge.

The parties to the Arbitration shall bear equally the expenses of the Arbitrator

and the rental, if any, of the place of arbitration. All other expenses attendant to

arbitration will be borne by the party incurring them, including the expenses of any

witnesses called by such party.

No party shall be required to arbitrate more than one issue at a single hearing.

ARTICLE XI

Section 1.

It is further agreed by and between the parties hereto that if any Federal or

State court shall at any time decide that any clause or clauses of this Agreement is

or are void or illegal, such decisions shall not invalidate the other portions of this

Agreement, but such clause or clauses shall be stricken out and the remaining

portion of this Agreement shall be considered binding between the parties hereto.

Any provisions of this Agreement hereinabove mentioned which provide for

Union security or employment in a manner and to the extent prohibited by any law or

the determination of any Governmental Board or Agency, shall be and hereby are of

no force or effect during the term of any such prohibition. It is understood and

agreed, however, that if any of the provisions of this Agreement which are 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 provision of

this Agreement shall immediately become and remain effective during the remainder

of the term of this Agreement. The Union reserves the right to renegotiate any of the

provisions of this Agreement which may be of no force or effect.

Section 2.

The Association agrees that within forty-eight (48) hours after the execution of

this Agreement, it will submit to the Union a schedule setting forth in full each

member of the Association, giving the name and address. When the member of the

Association is doing business under a trade name, the name of the principal shall

also be given. The Association further agrees that it will immediately notify the Union

in writing of any change in its membership, setting forth the names and addresses of

any new members of the Association, and setting forth the names and addresses of

those members which may have dropped out or been suspended from the

Association.

The Employer, whether as a partner, controlling officer, controlling director,

controlling stockholder or controlling employee agrees to remain bound by the terms

and conditions of this Agreement although doing business under another trade

name, or as a partner or controlling officer, controlling director, controlling

stockholder or controlling employee of another corporation or as a joint venturer.

Section 3.

If the Employer covered by this Agreement, or any of its owners or principals

that have a controlling interest in the Employer, forms or acquires by purchase,

merger or otherwise, a controlling interest, whether by ownership, stock, equitable or

managerial, in a firm, partnership, corporation or joint venture employing Building

Laborers to perform bargaining unit work as defined in Article IV of this Agreement,

said firm, partnership, corporation or joint venture shall be bound by and considered

signatory to this Agreement and the Employer shall assume the obligation of such

firm, partnership, corporation or joint venture under this Agreement and such firm,

partnership, corporation or joint venture shall assume the obligations of the Employer

under this Agreement.

Section 4.

The Association and the Union agree that their efforts will be employed in the

public interest to increase production and reduce costs by maintaining maximum

output, and to use all machinery, tools, appliances, or methods which may be

practical.

Section 5.

The Union shad have the option to terminate this Agreement with the Building

Contractors Association, Inc. should the Association merge, join, consolidate or

combine with any other employer, group, organization or association.

Section 6.

If the Union enters into any Agreement with an independent employer

performing work set forth in Article IV which provides more favorable terms or

conditions of employment to such independent employer when performing work set

forth in Article IV than are provided for in this Agreement, then the Union hereby

authorizes that such more favorable working conditions be incorporated in this

Agreement specifically with respect to the work being performed by said independent

employer.

Section 7.

This Agreement shall be binding on the parties, regardless of any change of

name by the General Building Laborers’ Local Union No. 66. This Agreement shall be

enforceable by the Association, the General Building Laborers’ Local Union No. 66, its

successor, and the Trust Funds set forth in Article VI of the Agreement.

ARTICLE X»

Section 1.

This Agreement shall become effective and binding upon the parties hereto on

the 1st day of July, 2005, and remain in effect through June 30, 2010, and shall renew

from year to year thereafter unless either party hereto shall give written notice to the

other of its desire to modify, amend, or terminate this Agreement on its anniversary

date. Such notice must be given in writing by certified mail, postage prepaid, at least

sixty (60) days, but not more than ninety (90) days, before the anniversary date of this

Agreement. In the event one of the parties to this Agreement gives written notice of its

desire to modify or amend this Agreement pursuant to this Article, the conditions

established by this Agreement shall continue in effect during negotiations for a new

Agreement.

Section 2.

Each Employer member of the Association and each Employer becoming a

member of the Association subsequent to the effective date of this Agreement agrees

to comply with and to be bound by all of the provisions of this Agreement, including,

but not limited to, wage, fringe benefit contributions, dues and political action

deduction obligations, for the entire term of this Agreement. The preceding

notwithstanding, in such cases of an Employer’s withdrawal, resignation, suspension

or termination from membership in the BOA, such Employer and its principal officer

agrees, during the terms of this Agreement, to be bound by the terms of the collective

KI4-13- wo rnurj-

4 DUU/ uuo x

bargaining agreement between the Union and independent contractors (referred to

hereinafter as the “Independent Agreement”) then in effect, which shall supersede any

conflicting or lesser provisions. Copies of the Independent Agreement have been

furnished to the BCA, and shall be furnished by the Union to the Employer signatory to

this Agreement upon request.

Signed by both parties hereto as of the 1st day of July, 2005 at New York, New York.

BUILDING CONTACTORS

ASSOCIATION, INC.

451 Park Avenue South

New York; NW York 10016

Bv:^?

PAUL OBRIEN :

MANAGING DIRECTOR

GENERAL BUILDING LABORERS’

Memorandum of Understanding Regarding

2010-2013 Collective Bargaining Agreement

between General Building Laborers’ Local Union No. 66

and the Building Contractors Association, Inc.

It is hereby agreed by and between General Building Laborers’ Local Union No.

66 (“Local 66”) and the Building Contractors Association, Inc. (the “BCA”) that for the

period July 1, 2010 through June 30, 2013 the collective bargaining agreement between

them (the “Agreement”) shall be the terms of the July 1, 2005 through June 30, 2010

collective bargaining agreement, modified to provide the following wage and fringe

benefit increases:

1. The wage and fringe benefit package shall be increased by four and a half

percent effective July 1, 2010 and shall be allocated as follows:

Wages Welfare Pension Vacation

per hour per hour per hour per hour

$30.50 $9.61 $7.18 $2.45

Training Annuity NYS Health GNY NYS Local 66

Program Fund & Safety LECET LECET Dues check off

per hour per hour per hour per hour per hour per hour

$.70 $6.00 $.05 $.22 $.10 $2.04

2. The wage and fringe benefit package shall be increased by $2.13/hr effective

January 1, 2012, and by $2.36/hr effective July 1, 2012, in all cases to be allocated by the

Union as set forth in Article VI, Section 1(a) of the Agreement.

Agreed to by and between:

BUILDING CONTRACTORS

ASSOICATION.

225 Broadway, Suite 1405

New York, Ney? York 1000

Paul O^Brien

Managing Director

Melville. Ne

GENERAL BUI

LOCAL UNIO

1600 Wal

ING LABORERS

NO. 66

an Ro

ork 1174®

Business Manager

Memorandum of AgreementBetweenGeneralBuilding Laborers’

Local#66and theBuildingContractors’Association, Inc.

The Building Contractors’ Association (“BCA”) and the General Building

Laborers’ Local 66 (‘Local 66”) agree as follows.*

1, Agreement: BCA and Local 66 agree to execute a four (4) year collective

bargaining agreement (“Agreement”) which shall be effective asof July 1, 2013 and shall expire

al midnight on June 30, 2017.

2. Terms: The terms of the Agreement shall be the same as dieterms of the

agreement between the parties that expired on June 30, 2013, except for necessary modifications

in dates and except as specifically specified below.

3. Add thq following asa^Section in Article HL

“Sections

Any Employer who fails to notify the Unionof the commencement of ajob as

required under Section 2(a) of this Article and/or fails to employaShop Steward as required by

that provision and Section 4(a) of this Article, shall, (1) -withinone workday, correct the issue on

the project to comply with this Article and (2) compensate a Shop Steward, and any other

members from the Out-of Work List whom would have been dispatched had the proper ratio

been implemented, for all days worked to date.”

4. Modify Article III, to road asfollows;

Thefirst Building Laborer on that jobsite shall beaShop Steward referred by the

Union, the second Building Laborer on the jobsite shall bea Foreman, and commencing with the

third Building Laborer on the job site, 50% of Building Laborers shall be famished and referred

by the Union to the Rmployer from the roster of eligible laborers. All BuildingLaborers

>33037,vl

“(except the Foreman) shall be members of Local 66.” Further, theShop Steward shall be

provided the first opportunity to work any overtime that is available.

5. Adda newS^H^tion to Article III, geqfcm 4;

“(e) A “Paymaster” shall be defined asa Firmengaged exclusively as a

paying agent for the General Contractor/Construction Manager on atime-reimbursed basis.“

6. Modify Articlesjy, Section Km) to read as follows:

Installation and Maintenance of fire preventive equipment, including fire

extinguishers on the job site.“Also, fire watch Or safety watch duties pertaining to the Union’s

otherwise coveredwork.“

7. Modify Article IV. Sectton 3(f) to read asfollows:

(f) any and all hazard protection work, “including assisting in the handling of

Safety cables”, used to protect Building Laborer employees, equipment, tools and materials and

other employees on the job site, and/or the public from any damage or injury, or threat thereof,

resulting from tire performance of any of the work in this paragraph.

8. Compensation: There shall bethe following adjustments in the total wage

and benefit package: An increase of Seventy-one Cents ($0.71)per hour commencing on July I,

2013; an additional increase of Two Dollars and Ten Cents ($2.10) per hour commencing on July

1, 2014;an additional increase of Two Dollars and Fifteen Cents ($2.15) per hour commencing

on July 1, 2015, and an additional increase of One Dollar and Fifty Cents ($1.50) per hour

commencing on July 1, 2016. The Union shall inform BCA of the allocation of these amounts to

wages and/or benefits as soon as practicable.

9- Facsimile; Forpurposes of execution of this Memorandum of Agreement,

facsimile signatures shall be treated as originals.

Dated this 30thDay of June, 2013

FOR BUILDING CONTRACTORS ASSOCIATION

Memorandum of Understanding Regarding

2013-2017 Collective Bargaining Agreement

Between General Building Laborers’ LocalUnion No. 66 and

the Building Contractors’ Association

It is hereby agreedupon by and between GeneralBuildingLaborers’ Local UnionNo. 66 (the

“Union”), and theBuilding Contractors Association(“BCA”) that the July 1, 2014 through June 30, 2017

collective bargaining agreement between them shall be extended through September 30, 2017.

Agreed to by and between:

Memorandum of Agreement Between General Building Laborers’ Local No. 66

And the Building Contractors’ Association, Inc,

The Building Contractors’ Association (“BCA”) and the General Building Laborers’ Local 66

(“Local 66” or the “Union”) agree as follows:

• Agreement: BCA and Local 66 agree to execute a two (2) year collective bargaining

agreement (“Agreement”) which shall be effective as of October 1, 2017 and shall expire

at midnight on June 30, 2019.

2. Terms: The terms of the Agreement shall be the same as the terms of the agreement

between the parties that expired on September 30, 2017, except for the necessary

modifications in dates and except as specifically specified below.

3. Paymastering: Revise Article III, Section 4:

a. The following provisions shall supersede any inconsistent provisions of this

Agreement, irrespective of the identity of the entity for which the Employer is serving

as a paymaster ( the “Paymaster Client”);

The Employer acknowledge and agrees that it and the Paymaster Client are joint

employers and one another’s agents for all work performed at the site. The

companies in the paymaster relationship shall be jointly and severally liable for all

violations of this Agreement committed by either, whether acting independently or in

. concert, including but not limited to any action taken by either in violation of the

provisions of this Agreement prohibiting the subcontract of on-site work to entities

not bound to a collective bargaining agreement with the Union.

b. And the following provisions shall supersede any inconsistent provisions of the

Agreement depending on the identity of the Paymaster Client:

i. If the Paymaster Client is a member in good standing of the BCA, the

regular staffing requirements of Article III, Section 4 shall not be

superseded.

ii. If the Paymaster Client has a collective bargaining agreement with the

Union other than the BCA-Local 66 Agreement, the staffing provisions of

the standard collective bargaining agreement then in effect between the

Union and the Independent Employers ( the “Independent Agreement”)

shall apply.

Ui. If the Paymaster Client does not maintain a collective bargaining

agreement with the Union:

I. The Employer warrants that it along with the entity for which it

is serving as a paymaster ( collectively the “ Companies”) are

and shall remain the general contractors on the site for the

duration of the job, and are responsible for, and shall, without

limitation, assure that all on site work within the scope of

Article Four of the Agreement is performed by Local 66

signatory contractors under the terms and conditions of the

Agreement, including but not limited to the requirements of this

Article Three, Section 4.

2. The first Building Laborer on that job site shall be a Shop ;

Steward designated by the Union, the second Building Laborer

on the job shall be a Foreman referred by the Employer, and

commencing with the third Building Laborer all building

laborers shall be dispatched from the Local 66 Hiring Hall.

3. A Shop Steward shall be employed to tend the trades when work

any of any other kind is being performed at the site.

4. The Employer acknowledges and agrees that the Companies

are and shall be joint employers an one another’s agents for all i

work performed at the site for the complete duration of the job. |

The Companies shall be jointly and severally liable for all

violations of this Agreement and/ or applicable law committed

by either, whether acting independently or in concert. In

addition to any other responsibilities it may have, the Employer ।

shall serve as a guarantor that the CBA and the terms and

conditions of employment set forth herein are followed and

complied with for the duration of the entity for which it is

serving as a paymaster‘s presence on the job, to the full extent

as if the entity for which it is serving as paymaster‘s presence

on the job, to the full extent as if the entity for which it is serving :

as paymaster were bound in full to the Agreement, which !

guarantee shall apply and be binding irrespective of any change

in relationship between the Companies, such as termination of

the Employer’s status as paymaster prior to the completion of the

job.

5. The Union reserves the right to exercise all lawful means to

obtain recognition and/or a signed collective bargaining

agreement from any employer at a job site that is not bound

to an Agreement with the Union.

6. In the event the Employer retains, contracts with, or otherwise

enters into an arrangement with any entity to administer or

control any part of that work, compensation, or other matters

constituting or affecting the terms and conditions of employment

of Building Laborers, such entity must agree to be bound to this

Agreement and the Employer and such entity shall be jointly and

severally responsible for the full and correct application of this

Agreement to Building Laborers. In the event the other entity is serving

as a paymaster, the provisions of Article Three, Section 4 above shall

likewise apply.

7. The presence of the Employer on the job site shall not in any way

impair the Union‘s right to exercise all lawful means to obtain

recognition and/or a signed collective bargaining agreement from the

Paymaster Client, including but not limited to, establishing a lawful

picket line at the sites, in which event, labor shall be withheld.

4, Compensation: There shall be the following adjustments in the total wage and benefit

package: an increase of $1,40 per hour commencing on July 1, 2017; there shall be no

increase for the second year of the Agreement for the period July 1, 2018 through June

30,2019;

5. Facsimile: For the purposes of execution of this Memorandum of Agreement facsimile

signatures shall be treated as originals.

Dated: this

Managing Director BCA

Dayof£M- 2017

Business Manager

SjephenlFlanagai

‘oilLoci

s| I Dai

Memorandum of Agreement Regarding the 2019-2021 Collective Bargaining Agreement

between General Building Laborers’ Local Union No. 66

and the Building Contractors’ Association

The Building Contractors’ Association (“BCA”) and General Building Laborers’ Local Union

No. 66 (“Local 66” or the “Union”) agree as follows:

1. Agreement: BCA and Local 66 agree to execute a two (2) year collective bargaining

agreement (the “Agreement”) which shall be effective as of July 1, 2019 and shall expire

at midnight on June 30, 2021.

2. Terms: The terms of the Agreement shall be the same as the terms of the agreement

between the parties that expired on June 30, 2019, except for the necessary modifications

in date and except as specifically specified below.

3. Compensation: There shall be the following adjustments in the total wage and benefit

package: an increase of $1.10 per hour commencing on July I, 2019; there shall be an

increase of $1.15 per hour for the second year of the Agreement for the period of July 1,

2020 through June 30, 2021.

4. Facsimile: For the purposes of execution of this Memorandum of Agreement facsimile

signatures shall be treated as originals.

Dated this Al/”*”day of June, 2019

For the Building Contractors’ Association

/i AtHT”

John O’Hare ——

Managing Director

Dated this^yA.-” day of June, 2019

For General BuildingyLaborers’ Local 66

Stdphen Flanagan 1

“Business Manager” \

Memorandum of Agreement Between General Building Laborers’ Local No. 66

And the Building Contractors’ Association, Inc.

The Building Contactors’ Association (“BCA”) and the General Building Laborers’ Local 66

(“Local 66” or the “Union”) agree as follows:

1. Agreement: BCA and Local 66 agree to execute a five (5) year collective bargaining

agreement (“Agreement”) which shall be effective as of July 1, 2021 and shall expire at

midnight on June 30, 2026.

2. Terms: The terms of the Agreement shall be the same as the terms of the agreement

between the parties that expired on July 30, 2021 and which adopted the terms of the

Memorandum of Agreement adopted October 1, 2017.

3. Compensation: There shall be the following adjustments to file total wage and

benefit package: an increase of $1.10 per hour commencing July 1, 2021; an

increase of $1.35 per hour commencing July 1, 2022; an increase of $1.35 per hour

commencing July 1, 2022; an increase of $1.35 per hour commencing July 1, 2023; an

increase of $1.35 an hour commencing July 1, 2024 and an increase of $1.35 an hour

commencing on July 1, 2025.

4. Paid Leave: To the extent permitted by law, the parties waive application of paid

family leave, sick leave or vacation leave requirements established by the NYS Sick

Leave Law (New York Labor Law Sections 196-b and 196-c), the NYC Earned Sick

Time Act, and the NYS Paid Family Leave Law. The parties acknowledge and in good

faith believe that this Agreement provides bargaining unit members with benefits

comparable to or more favorable than those required by current law, including such

benefits set forth in Article V (Holidays) and VI (Fringe Benefits),

5. Facsimile: For the purposes of execution of this Memorandum of Agreement facsimile

and electronic mail signatures shall be treated as original.

Dated: thisaZ/^ay of^tuA, 2021

Dated: this2^ day of\jW 2021

For]Cons^cttgn^nd General Building Laborers’ Local 66

-Stephen Flanagan

Business Manager