original trade agreement between building contractors association inc and local no i new yori( of the international union of bricklayers and allied craft workers 255622 vl f/fective on and after july 1 2015 to june 30 2018 mou attached 7/1 /20186/30/2021 mou attached 7/1/20216/30/2024 102392 table of contents article 1 recognition 1 section 1 recognition 1 section 2 work outside of area 2 section 3 prohibition on work for nonsignatory 2 article ii hours 2 section 1 regular hours and overtime 3 section 2 saturdays sundays and holidays etc 3 section 3 exceptions 4 section 4 makeup time 4 section 5 employment by others 6 section 6 emergencies 6 article iii wages local and international union working dues checkoff contributions to bricklayers fringe benefit funds and industry funds 7 section i wages 7 section 2 overtime 8 section 3 working dues checkoff 8 section 4 welfare fund 9 section 5 pension fund io section 6 supplemental annuity fund 11 section 7 vacation fund 12 section 8 apprenticeship funds & lmc 12 section 9 fringe benefits administration 12 section 10 delinquency committee 19 i section 11 payment of wages 19 article iv condition of employment 23 section 1 job site conditions 23 section 2 tools 25 section 3 elevator 26 section 4 identification 27 section 5 rebates employers 27 section 6 laws 27 section 7 union notification union security and referrals 27 article v strikes and lockout 28 article vi union relationship 29 section i shop steward 29 section 2 job site visits 30 section 3 persons in charge 30 section 4 employment 31 section 5 schedule 32 section 6 preference 32 section 7 apprentices 32 section 8 labor 33 article vii work included 34 section 1 construction 34 section 2 cutting 39 section 3 panelization 40 section 4 contracting 41 article viii miscellaneous 43 i 02392 ii section 1 severability 43 section 2 six hour day 44 section 3 coverage of agreement 44 section 4 work preservation 44 section 5 dates 46 section 6 retroactivity 46 section 7 supercession 46 section 8 successors 46 section 9 no discrimination 46 section i 0 industry funds 46 article ix arbitration 47 section i 4 7 article x renew al 4 7 section i 4 7 section 2 48 article xi signature 4& 102392 iii agreement this agreement is entered into by and between the building contractors association inc (bca or association) on behalf of itself and on behalf of each employermember (employer) listed in appendix a hereto and local no 1 new york international union of bricklayers and allied craftworkers hereinafter the union the provisions of this agreement are effective on and after july i 2015 and terminate june 30 2018 section i recognition article 1 recognition a this agreement is effective in the region of new york city and all of long island in the state of new york the union is hereby recognized as the exclusive collective bargaining agent of all bricklayers employed by the employer parties to this agreement the term bricklayer includes without limitation all persons employed on work specified in article vii hereof b inasmuch as (i) the union has requested recognition as the majority section 9(a) representative of the employees in the bargaining unit described herein and (2) has submitted or offered to show proof of its majority support by those employees and (3) the bca and each employer is satisfied that the union represents a majority of the bargaining unit employees and recognizes the union pursuant to section 9(a) of the national labor relations act as the exclusive collective bargaining agent for all employees within that bargaining unit on all present and future job sites within the jurisdiction of the union unless and until such time as the union 102392 l loses its status as the employees exclusive representative as a result of an nlrb election requested by the employees the bca agrees that it will not request an nlrb election section 2 work outside of area when the employer has any work specified in this agreement to be performed outside of the area covered by this agreement and within the area covered by the standard agreement of another affiliate of the bac the employer agrees to abide by the full terms and conditions of the standard agreement in effect in the job site area with respect to both traveling employees and employees hired in the job site area employees covered by this agreement who are sent to projects outside the area covered by this agreement shall be paid at least the established minimum wage scale specified in this agreement but in no case less than the established minimum wage scale of the local agreement covering the territory in which such work is being performed plus all contributions specified in the job site local agreement the employer shall in all other matters be governed by the provisions established in the job site local agreement if employees are sent to work on a project in an area where there is no local agreement covering the work specified in this agreement the full terms and conditions of this agreement shall apply section 3 prohibition on work for nonsignatory no bricklayers shall work for anyone who is not a signatory or a member of an association which is not a signatory to an agreement to comply with all rules and regulations and to pay wages and contributions article ii hours i 02392 2 section 1 regular hours and overtime a regular hours of labor are from 8 am to 4 p m exclusive of the noon hour it is optional for the employer and union to mutually agree to reduce the lunch hour by one half (1/2) hour in which event the work day shall end at 330 pm an earlier than 800 am starting time may be scheduled upon mutual consent of the union and employer once the starting time for a job has been scheduled it shall not be changed for the duration of the job except by mutual consent of the employer and the union if the scheduled starting is changed by mutual consent the scheduled quitting time shall be seven (7) working hours after the new scheduled starting time agreed upon overtime will be paid for all time worked after the scheduled quitting time at the rate of time and onehalf with respect to wages and at straight time with respect to contributions to bricklayers fringe benefits funds (overtime rates) all hours worked after scheduled quitting time shall be at overtime rates b the employer has the right to schedule an eighth (8th) hour of work at overtime rates without procuring permission of the union provided all employees employed by the employer work such eighth (8th) hour of work at overtime rates and provided further that reasonable notice is given to such employees c the employer is allowed to schedule a second shift at a particular jobsite the second shift will be manned by a crew that does not include bricklayers from the first shift will be scheduled for a full 7 hours of work and will receive a 15% pay differential above the regular rate a second steward will also be appointed by local i for the second shift section 2 saturdays sundays and holidays etc there shall be no work on saturday or sunday also there shall be no work on new years day presidents day memorial day independence day labor day thanksgiving day 102392 3 and christmas day as these are recognized holidays if a holiday falls on a saturday or a sunday it will be celebrated on such day as is observed by the state ofnew york section 3 exceptions a bricklayers may work on days excepted in section 2 hereof or outside regular hours on work that cannot be done during regular hours with safety or without serious inconvenience to others the employer and bricklayers must obtain written permission from the local 1 president for each case of this nature the employer shall pay for all such time worked at overtime rates nothing in this section shall supersede any provision of section 1 hereof or article iii section 2 hereof b where work cannot be performed during the regular working day then the employer may schedule work to be performed outside the normal work period and pay the employees eight hours at the straight time rate including fringe benefits for seven hours of work subject to the following conditions this alternative starting time may be utilized only when there exist extenuating circumstances beyond the control of the contractor and upon pe1mission of the president of the union which permission shall not be unreasonably withheld any work in excess of seven hours shall be paid at the rate of time and a half c if a project is being constructed pursuant to a project labor agreement providing for an eight (8) hour day then tins agreement shall not prohibit the employer at its option from working either an eight (8) hour day or a seven (7) hour day provided that the employer notifies the union at the outset of the job which arrangement it will use and that anangement shall apply for the duration of the job section 4 makeup time a where time is lost due to circumstances beyond the control of the employer there shall be an eighth (8th) hour of makeup time during week days at straight time rates but only up 102392 4 to a maximum of thirtyfive hours per week any work over thirtyfive hours shall be paid at the overtime rate b the employer shall be entitled to saturday makeup day throughout the year hours lost during the work week monday through friday shall be aggregated and the number of hours up to a maximum of 35 hours per week may be worked on saturday at straight time rates the employees shall be entitled to a full days work on saturday and hours above the 35 hours for that week shall be at the overtime rate c to avail itself or make up time and/or the saturday makeup day the employer must provide the union president or in his absence the union secretarytreasurer with advance notice of its intent to have employees work the makeup time and/or the saturday makeup day and the union president or secretarytreasurer as the case may be must approve the request d if the employers collective bargaining agreement with the labor organization representing the employees tending and otherwise supporting the bricklayers (the support personnel) does not permit the support personnel to work a saturday makeup day at straighttime rates then the union will supply employees to perform all tasks and functions which the suppmi personnel normally perform such employees supplied by the union shall receive a pay and fringe benefits package at the rate then being received by support personnel represented by the union if bricklayers are working on a job that is predominately pointer cleaner caulker (pcc) work then they shall work an eight (8) hour day without overtime pay e no employee shall be required to work on saturday or the 8th hour during weekdays and no employee shall be subject to discipline retaliation of any kind or penalty for failure to do 102392 5 so employees regularly on the particular job shall have first preference for saturday makeup day and then the employer shall be entitled to hire other employees to perform the work f where the employee misses a day of work because of his own individual absence and not because of circumstances beyond the employers control he shall receive pay at the rate of time and onehalf if he works that saturday if work is being perfonned at the overtime rate on a saturday the employer cannot deprive such employee of that opportunity because he has missed one or more days during the work week g the number of employees working on a saturday makeup day shall not exceed the number scheduled to work on the weekday or weekdays on which time is lost because of circumstances beyond the employers control h if on a given weekday a portion of the crew assigned to work that day does perform work and another portion of the crew is unable to work due to circumstances beyond the employers control only the number of employees who are unable to work that day are subject to the makeup day if the employer hires more than that number for saturday work then all employees working that saturday shall be paid at the rate of time and onehalf section 5 employment by others no employer shall knowingly permit any bricklayer to work for any time which when added to the time spent at work for another employer or otherwise exceeds the maximum permitted herein nor shall any bricklayers so work section 6 emergencies the provisions as to hours are not effective in cases involving danger to life or property provided article iii section 2 is complied with 102392 6 section 2 overtime all overtime including saturdays shall be at time and onehalf (i /2) wages except any work performed on sundays and holidays as specified in article ii section 2 hereof shall be at double wages overtime means any time spent working outside regular hours or any work performed on the days excepted in article ii section 2 hereof however except as provided in article ii section 4 when an individual bricklayer works over seven (7) hours in any twentyfour (24) hour period the time after seven (7) hours shall be considered overtime and shall be paid at time and onehalf (1/2) wages as provided in article ii section i hereof employers and bricklayers must obtain written pem1ission from the president of local 1 for each case of this nature except as provided in article ii section 1 (b ) section 3 working dues checkoff a effective july 1 2015 each employer agrees to deduct from the wages of all bricklayers a working dues checkoff allocated as follows (1) an amount equal to one and two tenths (12%) percent of the gross wage package for the local (2) an amount equal to one (10%) percent of the gross wage package for the international (3) an increase from $95 to $126 per hour (subject to approval by a vote of the membership) for the job targeting program (3) $17 for the defense fund and (4) $08 per hour for the bac pacs or such other amounts as the union shall specify from time to time such working dues checkoff must be added to the hourly wages for taxation and then deducted from the net wages ( after taxes) of all bricklayers who authorize such deductions in writing and shall be paid over to the union not later than one (i) week after said deduction together with the contributions to bricklayers fringe benefit funds it is understood that the total package includes hourly wages working dues checkoff and contributions to bricklayers fringe benefit funds and industry funds 102392 8 b effective july 1 2015 the employer shall deduct from wages international union working dues checkoffs of one percent (] %) of the wage package (including fringes) for each hour of employment or such amount as the international union shall specify from time to time from the wages of each bricldayer who has signed an assigmnent confonning to federal law authorizing the deduction of such international union working dues checkoff and shall transmit to the international union the sums which the international union has specified c it is mutually agreed that the bricklayer assignments authorizing the deduction of working dues checkoff shall be in blanket form filed with the union the union agrees to indemnify and hold hannless the employer from any and all claims and/or actions arising out of such deductions providing that the working dues checkoff have been paid over to the union section 4 welfare fund a all employers shall pay weekly the following contributions per hour for each hour of employment of bricklayers within the territory of this agreement for the pay period immediately preceding into the bricklayers insurance and welfare fund to be administered and expended by the trustees pursuant to the provisions of the agreement and the declaration of trust as amended for the purposes of providing welfare benefits for eligible bricklayers and eligible dependents as the trustees may determine in their sole discretion july 1 2015 $975 per hour b elected full time officers of the union shall be considered participants in the welfare funds and shall be eligible for all benefits provided contributions are paid on their behalf as with any other employer c all other full time employees of the local union and all employees of the bricklayers fringe benefit funds may be participants in the welfare fund on the same conditions as other bricklayers provided contributions are paid on their behalf as with any other employer 102392 9 d each employer shall provide disability insurance coverage for all bricklayers employed by employer to confom1 with the requirements of the new york state disability insurance law section 5 pension funds a all employers shall pay weekly the following contributions per hour for each hour of employment of bricklayers except apprentices and improvers within the territory of the agreement for the pay period immediately preceding into the bricklayers pension fund such payments shall be made to the trustees designated under the provisions of the agreement and declaration of trust as amended creating the pension fund for the purpose of providing pension benefits for eligible bricklayers july i 2015 $690 per hour b effective july i 201 i all employers shall pay the following per hour including for apprentices and improvers to the trowel trades international pension fund (ipf) (i) a contribution to the ipf in the amount of $150 for each hour or portion thereof for which a covered employee receives pay (2) in addition effective july i 2015 a contribution to the ipf in accordance with the pp a mandated funding improvement plan (pip) adopted by the ipf board of trustees in november 2010 in the amount of $44 for each hour or portion thereof for which a covered employee receives pay which shall be used solely to increase the ipfs funding in accordance with the mandates of the ppa (3) in addition effective july i 2016 a contribution to the ipf in accordance with the pp a mandated funding improvement plan (fip) adopted by the ipf board of trustees in november 2010 in the amount of$08 (4% of the $194 required under subparagraphs b(l) & 102392 10 (2) above) for each hour or portion thereof for which a covered employee receives pay which shall be used solely to increase the ipfs funding in accordance with the mandates of the ppa (4) in addition effective july 1 2017 a contribution to the ipf in accordance with the ppa mandated funding improvement plan (pip) adopted by the ipf board of trustees in november 2010 in the amount of$12 (6% of the $202 required under subparagraphs b(l) (2) (3) & (4) above) for each hour or portion thereof for which a covered employee receives pay which shall be used solely to increase the ipf s funding in accordance with the mandates of the ppa c required government approvals if any shall be obtained concerning deductibility as a business expense for tax purposes of all contributions to the pension fund made by employers section 6 supplemental annuity fund a all employers shall pay weekly the following contributions per hour for each hour of employment of bricklayers within the territory of this agreement for the pay period immediately preceding into the bricklayers supplemental annuity fund such payments shall be made to the trustees designated under the provisions of the agreement and declaration of trust as amended creating the supplemental annuity fund for the purpose of providing supplemental annuity benefits for eligible bricklayers july 2015 $650 per hour b employer contributions for apprentices and improvers shall be as follows for each hour of employment payable weekly for the pay period immediately preceding july i 2015 $375 per hour c elected full time officers and employees of the union may participate in the supplemental ammity fund provided the union pays contributions to the fund on their behalf 102392 11 d required government approvals if any shall be obtained concerning deductibility as a business expense for tax purposes of all contributions made by employers to the supplemental annuity fund section 7 vacation fund effective july 1 2015 each employer shall deduct from the wages of all bricklayers contributions to the vacation fund in the increased amount of $500 per hour (from $475 per hour) and shall pay that amount weekly to the tmstees designated under the provisions of the agreement and declaration of trust creating the vacation fund for the purpose of providing vacation benefits for eligible bricklayers such vacation contributions must be added to the hourly wages for taxation and then deducted from the net wages ( after taxes) section 8(a) apprenticeship funds all employers of bricklayers shall during the term of the agreement pay weekly effective july i 2015(1) ten cents per hour to the joint apprenticeship and training fund and (2) ninety cents per hour to the international masonry institute section 8(b) lmc (]) effective july i 2015 $20 (twenty cents) per hour to be paid to the jointly administered new york city and long island labormanagement committee under 302 (c) (9) of the lmra section 9 fringe benefits administration a employer bound by agreements and declaration of trusts the employer hereby agrees to be bound by and to the above stated agreements and declarations of trusts as amended from time to time and the funds delinquency procedure as amended from time to time as though the employer had actually signed the individual documents and further agrees to 102392 12 be bound by all actions taken by the trustees of the funds pursuant to said agreements and declarations of trusts b joint administration of funds all fringe benefit trust funds (pension welfare supplemental annuity vacation and industry funds) shall be jointly administered by trustees designated under the provisions of the existing agreements and declarations of trust as amended each trust fund shall bear its own cost of administration all amendments necessary to effectuate the foregoing shall be made m the trust documents c bricklayers fringe benefit funds audits and liquidated damages payments by the employer to bricklayers insurance and welfare pension supplemental annuity funds vacation fund trowel trades international pension fund new york city and long island bricklayers joint apprenticeship and training fund bricklayers imi and the labor management relations committee (hereinafter bricklayers fringe benefit funds) shall be accompanied by employer remittance reports furnished by bricklayers fringe benefit funds containing such data as the trustees may from time to time determine in their discretion to be necessary the furnishing of timely remittance reports to the funds shall be an independent obligation of the employer whether or not timely payment accompanies them the books and records of the employer shall be made available at all reasonable times for inspection and audit by but not limited to the accountant outside independent auditors or other representatives of the trustees of any of the bricklayers fringe benefit fimds the employer shall be required to disclose upon such audits all payrolls and payroll ledgers including office payrolls yard payrolls certified payrolls required by city or state law new york payrolls new jersey payrolls computer payroll printouts w2 forms quarterly federal payroll tax returns (form 941) 102392 13 quarterly state payroll tax returns (forms wrs4 and wrs30) annual federal and state tax returns cash disbursements journals purchase journals new york state employment records insurance company reports employer remittance reports payroll and supporting checks ledgers vouchers 1099 forms evidence of unemployment insurance contributions payroll tax deductions disability insurance premiums certification of workers compensation coverage checks in support to any governmental filings or tax payments remittance reports and checks in support thereof docun1ents showing the job location at which each employee was employed and any other documentation concerning payment of fringe benefit contributions for hours worked by bricklayers remitted to multiemployer fringe benefit funds other than bricklayers fringe benefit funds described herein and any other items concerning payrolls all documents produced and all information obtained in the conduct of the audits of the books and records of employers shall be deemed to have limited confidential status insofar as the results of the audits of the books and records of employers may only be utilized by the trustees consistent with their fiduciary duties and responsibilities to effectively and efficiently facilitate the collection of contributions to bricklayers fringe benefit funds including inter alia the prosecution of lawsuits for audits and for the collection of delinquencies in contributions to bricklayers fringe benefit funds the employer shall retain for a minimum period of six (6) years payroll and related records necessary for the conduct of a proper audit in order that a designated representative of the trustees may make periodic review to confirm that contributions owed pursuant to this agreement are paid in full 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 dete1mine that the number of monthly hours subject to contributions 102392 14 for the employer for each month of the requested audit period are equal to the highest number of bricklayer hours for any month during the twelve preceding months audited or during the last twelve (12) 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 (7) 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 bricklayers fringe benefit funds relinquish their right to commence legal proceedings to compel an examination of the employers books and records for audit when auditors are sent to audit the books and records of the employer pursuant to an appointment agreed to in writing and auditor cannot start at the appointed time and date and must return because of the fault of the employer or when complete payroll records required herein are not furnished due to the fault of the employer then the employer shall pay the bona fide charges imposed by the auditor it shall be a violation of this agreement for any employer to fail to furnish proper payroll records when requested for the purpose of completing an audit the union shall have the right to remove all its members from the offending employer provided that three (3) days notice of the intention to remove bricklayers from the job is given to the employer by the union by certified mail if such members are removed pursuant to this provision they shall receive two (2) days pay from the employer in the event an employer does not permit and/or provide an audit of its books and records by this agreement the employer shall be liable for liquidated damages as provided by this agreement and all other relief permitted by law 102392 15 in the event the employer does not make timely payment of contributions to bricklayers fringe benefit funds required herein it is agreed that the employer shall be liable for interest at the per annum rate of ten (i 0%) percent of the amount owing which includes monies owed under section 3 and section 8 when an audit of the employers books and records determines that unpaid contributions in excess of $1000 are owed 10% interest 5% liquidated damages and a fee (to be determined by the trustees) covering the cost of the audit shall be immediately assessed in the event the balance due on the audit is not paid within seven (7) days of receipt of the audit the employer agrees to pay as liquidated damages ten (10%) percent of the amount owing plus accrued interest if thereafter in the sole discretion of the trustees the employers account is referred to legal counsel for collection the employer agrees to pay liquidated damages of fifteen (15%) percent of the amount owing plus accrued interest if litigation is instituted by service of summons and complaint or participation in any insolvency proceeding of the employer is required the employer agrees to pay liquidated damages of twenty (20%) percent of the an1ount owing plus accrued interest the employer acknowledges and understands that the above liquidated dan1ages are cumulative and are required to protect the fiscal integrity of bricklayers fringe benefit funds where collection of payment is made pursuant to a judgment against the employer the employer recognizes the trustees right to receive liquidated damages interest costs and attorneys fees provided for pursuant to the civil enforcement provisions of the employee retirement income security act as amended in the event the employer does not make timely payment of contributions to bricklayers fringe benefit funds required herein or fails to post the required surety bond the union shall have the right to remove all its members from the job provided that three (3) days written notice 102392 16 of the intent to remove bricklayers from the job is given to the employer by the union by certified mail 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 bricklayers 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 tenn of this agreement from failing refusing or neglecting to submit the required employer remittance reports and/or to pay the required contributions to bricklayers fringe benefit funds and requiring the employer to cooperate in an audit in accordance with the provision 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 if an employer becomes delinquent because of a failure to pay contributions to bricklayers fringe benefit funds by the twentieth (20th) day of the month following the month for which such contributions are due such employer will be required to make payments on a weekly basis thereafter until relieved of such obligation by the union and the delinquency committee of the trustees of the bricklayers fringe benefits funds in the event that the union misuses any of the books or records procured from an employer pursuant to this paragraph ( c) or in the event that the union utilizes any of these provisions for the sole purpose of abusing or harassing an employer the arbitrator shall have the right to penalize the union by imposing a fine against it in an amount to be determined by the arbitrator 102392 17 d the union shall have the right at any time during the term of this agreement and upon reasonable notice to the employer to institute a receipt system for the payment of fringe benefit contributors e bonding of contributors to bricklayers fringe benefit funds no bricklayers may work on my job unless the employer shall have furnished the trustees of the various bricklayers fringe benefit funds with a minimum surety bond guaranteeing payment of all contributions provided for in article iii of this agreement the minimum amount for a surety bond shall be equal to onesixth of the total contributions due from the employer for the most recent calendar year or $50000 whichever is greater the trustees of the bricklayers fringe benefit funds shall have the right to require any employer or individual liable for fringe benefit contributions to increase the amount of the surety bond and/or provide cash and/or collateral alternatives whenever they deem it necessary for the protection of bricklayers fringe benefit funds each joint venturer shall furnish a new surety bond covering each joint venturer and the joint venture or shall furnish a rider from each of their respective insurance carriers confim1ing that their respective surety bonds protect bricklayers fringe benefit funds during the period of the joint venture employers who have posted the requisite surety shall be permitted to make contributions to the bricklayers fringe benefit funds monthly rather than weekly on or before the twentieth (20th) of the month following if an employer becomes delinquent because of a failure to pay contributions by the twentieth (20th) day of the month following the month for which such contributions are due such employer will again be required to make payments on a weekly basis thereafter until relieved of such obligation by the union and the delinquency committee 102392 18 d the union shall have the right at any time during the term of this agreement and upon reasonable notice to the employer to institute a receipt system for the payment of fringe benefit contributors e bonding of contributors to bricklayers fringe benefit funds no bricklayers may work on my job unless the employer shall have furnished the trustees of the various bricklayers fringe benefit funds with a minimum surety bond guaranteeing payment of all contributions provided for in article iii of this agreement the minimum amount for a surety bond shall be equal to onesixth of the total contributions due from the employer for the most recent calendar year or $50000 whichever is greater the trustees of the bricklayers fringe benefit funds shall have the right to require any employer or individual liable for fringe benefit contributions to increase the amount of the surety bond and/or provide cash and/or collateral alternatives whenever they deem it necessary for the protection of bricklayers fringe benefit funds each joint venturer shall furnish a new surety bond covering each joint venturer and the joint venture or shall furnish a rider from each of their respective insurance carriers confirming that their respective surety bonds protect bricklayers fringe benefit funds during the period of the joint venture employers who have posted the requisite surety shall be permitted to make contributions to the bricklayers fringe benefit funds monthly rather than weekly on or before the twentieth (20th) of the month following if an employer becomes delinquent because of a failure to pay contributions by the twentieth (20th) day of the month following the month for which such contributions are due such employer will again be required to make payments on a weekly basis thereafter until relieved of such obligation by the union and the delinquency committee 102392 18 section 10 delinquency committee the parties to this agreement recogmze the vital need to collect all employer contributions payable to the bricklayers fringe benefit funds and have therefore included in this agreement the delinquency committee which has been established by the trustees of the bricklayers fringe benefit funds the parties agree that the committee is fully authorized to both establish and modify all rules relations and procedures required for the collection of contributions the committee is also authorized to enforce collections of delinquent accounts through legal process all parties to this agreement shall be obligated to cooperate fully with the delinquency committee for the purpose stated above section 11 payment of wages a employers shall make payment of all wages due in lawful currency payments shall be made in sealed envelopes and plainly marked showing employers name and address printed or stamped bricklayers name hours worked amount earned and deductions required by law the employers or their representatives shall not be permitted to give any advance in wages to bricklayers nor shall be pennitted to lend money to bricklayers b wages shall be due and payable dming working hours on friday for work done up to quitting time of the preceding tuesday should friday be a bank holiday wages shall be due and be payable during hours on thursday for work done up to quitting time of the preceding monday on jobs where the stagger system is used the employer shall give due notice to those bricklayers affected as to the time the paymaster will be at the job if for any reason bricklayers are not working on payday the employer shall make every reasonable effort to pay these bricklayers before twelve oclock noon if the employer finds that to pay off jobs on friday is an undue hardship upon request he shall be pennitted to pay specified jobs on thursday the day 102392 19 designated as the first pay day in such instance shall be the prescribed pay day until the completion of the job c notwithstanding anything herein contained employers shall have the right to make weekly payment of wages by check provided 1 all legal requirements are complied with 2 written notice by registered mail shall be given to the union of an election to pay by check 3 payment shall be made by check bonded to guarantee against forgery 4 checks shall be delivered to bricklayers at least one day preceding a banking day and 5 in the event a wage check is not honored by the bank on which drawn for any reason whatsoever then the bricklayer affected thereby shall receive an extra two days pay for waiting time and such nonpayment shall be justification for withdrawal of bricklayers and shall be an exception to the provisions of the agreement prohibiting the withdrawal of bricklayers d where bricklayers are not on the job for any reason for which the employer is not responsible when the paymaster is paying off the bricklayers they may be sent to the main office for their pay but without allowance for the time spent in going to and from the office where the bricklayers are not on the job because of any reason for which the employer is responsible they shall be allowed one (1) hour with pay in going to the office for their pay where bricklayers are not paid on the specified pay day during working hours they shall be paid straight time for all waiting time at the rate of seven (7) hours per day not to exceed fourteen (14) hours 102392 20 e when bricklayers are to be discharged they must be notified during working hours at least onehalf (1/2) hour prior to discharge and must be paid on the job immediately upon discharge either in cash or by check a violation of this rule entitles a bricklayer to compensation at the rate of wages per hour set forth in section l a of this article for the working time that elapses between the time of discharge and the time of receiving his money provided the bricklayer 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 offonrteen (14) hours will be considered nor shall a bricklayer remain on the job for a longer time bricklayers must be given termination notice of the state of new york department of labor division placement and unemployment insurance when discharged or an equivalent notice acceptable to that division if this notice cannot be given to the bricklayer on the job at the time of discharge the employer may mail the notice the following business day to the bricklayer and this shall be deemed substantial compliance failure to funrish or mail such notice as herein provided shall entitle a bricklayer to two (2) hours pay deemed to reimburse the bricklayer as the agreed measure ofloss f all bricklayers discharged between the hours of eight am and twelve noon (800 am & 12 pm) shall be paid until 12 oclock noon on the date of discharge all bricklayers discharged between the hours of 1 pm and 4 pm shall be paid until 4 pm unless the lunch hour has been reduced to onehalf (1/2) hour in accordance with article ii section i in which event bricklayers discharged between 1230 pm and 330 pm shall be paid until 330 pm upon discharge or layoff the bricklayer shall receive 30 paid minutes within which he may collect his tools clothes and other personal effects at the shanty this does not apply to men not on the job at starting time whenever there is a rehiring following a layoff bricklayers who were 102392 21 employed at the time of the layoff including bricklayers who were absent from work on account of sickness shall be entitled to preference in the rehiring provided they are at the job available for employment at the time of rehiring advance notification of such rehiring must be given to the union g when a bricklayer who is working on the job reports for work at 800 am or such other time as instructed and is not permitted to start work at such time for any reason except causes beyond control of the employer including but not limited to temperature or weather conditions he shall be paid time for the entire forenoon provided he remains on the job and accepts such working time as is offered him that day however the bricklayer shall not be required to remain on the job more than four ( 4) hours without working and such time shall not be paid to any bricklayer instructed not to report for work in order to minimize loss oftime due to inclement weather the employer agrees to provide reasonable protection against inclement weather provided it is practicable to furnish such protection in the event of inclement weather there shall be as far as practicable rotation of bricklayers for available work h 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 work if the bricklayers demand their wages for the working time due these wages shall be paid within three (3) banking hours after the demand is made upon the employer i if a building is abandoned for any cause or if the mason contractor is defaulted dismissed or changed and wages or contributions to bricklayers fringe benefit funds on such building are unpaid bricklayers may refuse to work thereon until these wages or contributions to bricklayers fringe benefit funds are paid 102392 22 j all employees at the termination of their employment shall receive from the employer the new york state record of employment form 1a within twentyfour (24) hours of their dismissal if the employer fails to provide such form within that period then he must pay the employee at the contract wage rate for all hours after such twentyfour (24) hours until the form is issued up to a maximum of two days pay section i job site conditions article iv condition of employment a bricklayers who are knocked off by the employer for the purpose of loading scaffolds must be paid for all such time lost this shall not apply to sections of a floor which are not in readiness due to other trades on steel skeleton structures outside scaffolds must be used throughout all outside walls and on all exterior steel beams covered with brickwork on all operations when a wall or partition reaches the height of five (5) feet to the nearest course a scaffold must be erected for continuance of the wall or partition the height of the scaffold shall be the height of a standard five (5) foot horse or jack without blocking this does not apply where otherwise indicated on all work where block units six (6) inches and over in thickness are used bricklayers shall work in pairs to set the top course before scaffolding is required scaffolds shall be provided on the outside and on the inside of all exterior brick masonry walls except in the following cases 1 where the thickness of the wall consists of a single masonry unit 102392 23 2 in the construction of parapet walls on skeleton construction where hanging platform type scaffolds have been used and where an outside scaffold would encroach upon or overhang adjoining property b where ladders are used there shall be at least two (2) properly built and secured ladders on each floor they shall extend at least two (2) feet above the floor on which they land and the openings through which they pass shall not be less than two (2) feet by two (2) feet c the line must not be raised more than one (1) course at a time and no bricklayer shall spread mortar before the line has been called for raised and tightened however a twig brick can be raised one course before raising the line it is agreed that the weights refer to the list of weights of manufacturers a line must be used on all masonry units in walls over ( 4) feet in length and shall not be raised until eve1y man working along the line has run out the foreman or assistant foreman (deputies) shall not put up the line except ifhe is working on the wall and then only when he is carrying the lead the employer shall not be permitted at any time to request that the line be raised on all buildings where block units are used two (2) bricklayers working as a team shall be used placing blocks weighting forty ( 40) pounds or over or with a unit size of twelve (12) inches or over irrespective of weight it is agreed that the weight of block units mentioned herein is subject to arbitration as requested by the union d mortar tubs on outside scaffolds shall be raised approximately eighteen (18) inches masonry materials to be used on the construction of a wall shall not be stacked higher than approximately four ( 4 ) feet above the working platform e bricklayers shall have a morning and afternoon coffee break an employer may require the employees coffee break to be taken at the job station 102392 24 f bricklayers shall not use a cell phone either to make or receive calls while working except that the shop steward may use a cell phone to call the union on matters within the scope of his shop steward duties cell phones may be used by bricklayers during the lunch period and on coffee breaks g the union and the employers agree that the labormanagement relations cormnittee shall meet to study safety measures to insure the safety and protection of bricklayers while employed at their trade h local i will not contest jobsite prohibitions against smoking imposed by owners developers general contractors construction managers or governmental agencies whether or not bca employers i local 1 will not contest jobsite rules regarding alcohol and drug use that are imposed by owners developers general contractors construction managers or governmental agencies whether or not bca employers section 2 tools each bricklayer shall provide himself with a kit of tools consisting of a trowel concave joiner brick hammer hand hammer level plumb rule bob line and chisel for which a suitable tool house five (5) square feet minimum per man in size properly heated shall be provided for the exclusive use of the bricklayers when the foregoing provisions are made an employer of bricklayers is only responsible for the loss of clothing and tools due to the forcible entry or burning of the tool house and such liability shall be limited to a sum not to exceed $15000 for a coat $8000 for shoes $20000 for a suit of clothes $20000 for tools and $10000 for working clothes including work shoes if requested to the employer proof of loss shall be submitted to 102392 25 the joint arbitration board which shall make adjustments lines on all walls must be supplied by the employer recognizing the fact that both parties are interested in safety uniformity and public image of the unionized bricklaying industry and the need to identify the union project the parties agree that the employer shall provide safety helmets appropriately marked and identified local 1 will encourage its members to wear and maintain all safety equipment issued to them by the employers members may be required to turn in and request the immediate replacement of damaged or ineffective safety equipment previously issued to them when permitted by law individual bricklayers who have engaged in a pattern of losing or misplacing safety equipment may be held responsible for lost or misplaced items section 3 elevator bricklayers shall be at their assigned stations ready to work at starting times on building heights up to maximum walking height provided by law or code standard (presently 100 feet of building height) the contractor shall provide and locate one () or more shanty tool shed or a gang box and the bricklayers shall be required to be at such shanty tool shed or gang box closest to work operations ready to work at starting times and shall be allowed five (5) minutes at the regular quitting times on building heights up to the maximum wing height (now i 00 feet) iitespective of the previous sentence the bricklayers shall in any event be required to be on the floor of work operations ready to work at starting times and shall be allowed five (5) minutes at the regular quitting times on high rise structures however when the work reaches the maximum walking height as provided in the building code of the city of new york an elevator shall be provided onehalf 102392 26 () hour before starting time and after quitting time and the employer shall provide and locate a shanty tool shed or gang box on the floor or adjacent floor and the bricklayers shall be required to be at the shanty closest to the work operations ready to work at starting times and shall be allowed five (5) minutes at the regular quitting times the contractor and the union will need to approach particular job configurations with regard to practicality and efficiency section 4 identification bricklayers on the job shall wear in plain sight numbered badges (not to exceed one and one half (1 ) inches in diameter) when requested to do so by the employer such badges shall be furnished without charge by the employer section 5 rebates employers bricklayers or the agents of either shall not accept or give directly or indirectly any rebate of wages or give or accept gratuities section 6 laws no provisions 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 or general working conditions than are imposed by this agreement upon demand by the union the employer shall furnish evidence that he is complying with the laws on workers compensation and other required federal and state insurance etc section 7 union notification union security and referrals 102392 1 union notification each employer shall be required to advise the union two (2) days in advance of the commencement of any job if the employer fails to give such two (2) days notice then he shall pay $25000 liquidated damage for each such day 2 union security membership in the union shall be required as a condition of continued employment of all bricklayers covered by this agreement on the eighth 27 (8th) day following the beginning of such employment or the effective date of this agreement whichever is later 3 referral a the parties agree that an equal ratio shall be maintained (50/50) between the number of bricldayers referred by the union and the number employed directly by the employer the parties further agree jointly to comply with the government requirements with regard to employment and hiring practices apart from the 50/50 ratio b the employer retains the right to reject for cause any bricklayers referred by the union in the event of such rejection the employer shall immediately notify the union which shall refer another bricklayer to the employer this practice shall be repeated until the employer retains a bricklayer for employment c nothing contained herein shall be deemed to deprive the employer of the right to discharge any bricklayer not required article v strikes and lockout except as herein otherwise provided for the union shall not order a strike against the employer nor shall any number of union bricklayers leave the work of the employer nor shalt the employer lock out any bricklayers working m1der the jurisdiction of the union party to this agreement where any workers engaged on a construction job including men who load materials in building supply yards within the region defined in article 1 and who unload at the point of construction are not members of or represented by unions affiliated with the building and construction trades department of the aflcio the union shall be entitled to withdraw 102392 28 bricklayers from the job without resorting to arbitration and further on condition that the union withdraw bricklayers from all jobs where the same condition exists when the union upon investigation becomes convinced that the bricklayers on any job are being paid less than the rate of wages prescribed in this agreement it shall provided that twentyfour (24) hours written notice is given to the employer be entitled to withdraw the bricklayers from such job without first submitting the complaint to arbitration the written notice shall give a definite and specific statement of the complaint on which the proposed action of the union is based thereafter the joint arbitration board shall consider the complaint as provided for in article viii of this agreement the parties to this agreement agree that no damages of any kind or nature shall be awarded or allowed against the union or any officer or member thereof by reason of the withdrawal of men from a job on which a complaint has been filed as aforesaid section 1 shop steward article vi union relationship a to effect the observance of this agreement each job shall have a shop steward appointed as follows the second person employed shall be referred by the union and designated as shop steward however the foreman for just cause reserves the right under this agreement as to the continued employment of the shop steward upon written notice to the president of the union specifying the cause for such action b the shop steward shall determine all bricklayers on the job are employed in accordance with this agreement he shall see that the classification of trade as defined herein is observed and that all terms of this agreement are complied with he shall retain possession of 102392 29 the key to the tool house and see that it is open in ample time at starting times and securely locked at quitting times c the employer shall not interfere with the shop stewards performance of his duties as such which shall be performed with the least inconvenience to his employer as possible he is to work as a bricklayer and not use his position as shop steward as an excuse to avoid performance of his duties as a bricklayer he shall be one (1) of the last two (2) bricklayers on the operation including the foreman section 2 job site visits union representatives shall not be interfered with when visiting any operation where bricklayers are employed section 3 persons in charge bricklayers seeking employment on any job of more than six (6) stories shall apply at a suitably located and safe place on the operation designated by the employer which place shall be sufficiently large to accommodate such number of bricklayers as may reasonably be expected to apply but there shall be no limitation as to hours in the day when such applications may be made where there are seven (7) bricklayers employed on the job one (1) of the seven (7) shall be a foreman who shall no longer use the tools of the trade all foremen shall receive a weekly salary and shall be paid not less than $3000 per day above the prescribed rate of this agreement all assistant foremen (deputies) shall receive a weekly salary and shall be paid not less than $15 00 per day above the prescribed rate of this agreement the employer shall pay on behalf of all foreman and assistant foreman (deputies) the regular rate of contributions on a thirtyfive (35) hour weekly basis to bricklayers fringe benefit funds and industry funds regardless of holidays as provided in article ii section 2 102392 30 one assistant foreman (deputy) shall be allowed where there are less than ten (i 0) men but a second assistant foreman (deputy) shall not be allowed until the number of bricklayers shall reach forty (40) and the third where there are sixty (60) bricklayers employed the only exception is to be where a job has more than one unit working at the same time or where work is being done on different floors if charges are preferred against a foreman his employer shall be notified at once in writing as to the nature of the charges if the charges are sustained at his trial the penalty imposed shall not be enforced for two (2) weeks and the employer shall have the right to have this matter discussed by the joint arbitration board after the union has rendered its decision it is understood that such decision of the union is not subject to arbitration hereunder subject to the terms of this agreement nothing shall interfere with or abridge the right of the employer to lay off or discharge any bricklayer the laying off of a bricklayer is not unusual and shall not be considered an unfair practice section 4 employment a it is hereby agreed that all bricklayers shall be employed in accordance with this agreement if the shop steward be discharged for calling the attention of the foreman to any violation of this agreement he shall be at once reinstated until the matter is brought before the joint arbitration board and settled all complaints arising between the parties involving the discharge of a shop steward shall be submitted to the joint arbitration board for adjustment it is agreed that pending the adjustment of the complaint except where immediate reinstatement is required under this section the union shall appoint an alternate shop steward and the job shall operate in status quo b if a bricklayer is referred (1) to a job requiring work on a scaffold and he has not had scaffold safety training or (2) to a job on which the work he will be performing requires a 102392 31 certificate that he lacks mandated by a government agency then the employer may reject him on that account and will incur no liability for doing so section 5 schedule the installation of fireproofing must be in progress before any bricklaying is begun on the top most story of any building in course of construction section 6 preference the bricklayers employed upon the construction of the exterior walls shall be given preference on interior work section 7 apprentices a there shall be a joint apprenticeship and training committee consisting of an equal number of employer and union committeepersons the employers shall appoint two (2) employer committeepersons the building contractors association inc shall appoint one (1) employer committeeperson the union shall appoint three (3) union committeepersons the employer committeepersons and the union committeepersons shall be the same individuals designated as trustees of the joint apprenticeship and training fund b all parties agree that all apprentices in the bricklayers trade shall be indentured to the joint apprenticeship and training committee c in accordance with the bureau of apprentice training of the state of new york each employer shall employ a ratio of one (1) apprentice to four (4) journeymen bricklayers on the job when indentured apprentices are available and assigned to the employer by the joint apprenticeship and training committee or authorized representative d improvers the wage rate for improvers will be determined jointly by the union and the employer at the time and job location that the improvers status is first established 102392 32 e apprentice the number of apprentices to be trained during the remainder of this agreement will be determined by the joint apprenticeship and training committees add a ratio for the first apprentice employed of one (1) apprentice to four ( 4) journeymen and further that any apprentices employed shall not be included in the count of bricklayers used (in article vi section 3) with regard to the foremans use of the tools of the trade should there be more apprentices than the remaining ratio of one (1) to four (4) journeymen can employ then the parties shall meet to consider lowering the ratio in order to provide for more employment of apprentices further the union shall institute an additional means of communication and job placement of apprentices such as a telegram system through the unions office subject to the approval of the joint apprenticeship and training committee wage rates of apprentices under this agreement shall be modified as follows i 800 hours of work 50% of journeymens rate 801 1600 hours of work 60% of the journeymens rate 1601 2400 hours of work 70% of the journeymens rate 2401 3200 hour of work 80% of the journeymens rate 3201 4000 hours of work 90% of the journeymens rate when masonry work is in progress the apprentice shall be employed on such masonry work and shall be given a sufficient amount of actual craft work to perform as to enable the apprentice to acquire the skills of the craft section 8 labor no labor shall be allowed upon any wall or pier to temper or spread mortar which shall be delivered in bulk said mortar must be spread with a trowel by the bricklayers 102392 33 article vii work included section 1 construction a the employer shall include in its work for a building alteration or other form of construction all mason materials and bricklayers work including brickworkthis shall include but not be limited to brick work with bricks made of clay cement slag cinders lime (and any combination thereof) and bricks made of glass 102392 architectural terracotta (setting and cutting) rain screen terra cotta faience paving of floors (unit paving interior and exterior) installation of concrete block installation of sills and coping on masonry walls brickwork on dampproofing system all fireproofing with terracotta and brick floor arches precast concrete units for floor arches slabs partitions furring roof block gypsum block cinder blocks and lead units caulking of window frames precast or prefabricated masonry panels or components erection and installation of precast or prefabricated masonry panels or components the threadline system the mono wall system the blocbond system 34 all reinforcement built into or attached to reinforced masonry walls and anchors such as seismic clips and anchors and regardless of the method used including screwing bolting welding shooting gluing and drilling masonry siding (nailon brick panels) styrofoam insulation when applied to masonry b plastering and cement finishing when performed in the territory of mixed bricklayer local unions such as local i shall be under the jurisdiction of the bricklayers unions c the building of sewers telegraph or telephone conduits made of clay products shall be done by bricklayers d where cork blocks one and onehalf (1 ) inches or over in the thickness used for partitions furring or vertical fining are set in mortar or other plastic materials or when used for floor slabs one and onehalf (1 ) inches and over in thickness laid in sand or cement or other plastic material the work of installing said cork blocks shall be done by bricklayers e the washing down and pointing of all bricklayers work shall be done by bricklayers on old and new buildings and regardless of the number of times required f where mortar is used to set point or grout units of light weight mineral building material (such as zeprex) the work of installing said units shall be done by the bricklayers g all new block known as gravity wall or interlocking block laid with or without mortar or grout shall be the exclusive work of bricklayers h the erection construction and installation of precast masonry panels or components or prefabricated masonry panels or components shall be the work of the bricklayer i bricklayers work shall include but not be limited to the fitting bedding pointing caulking grouting installation of gaskets plumbing aligning leveling and anchoring including 102392 35 bolting or welding necessary to install the precast or prefabricated masonry panels or components j brick masonry shall also consist of but not be limited to the following work procedures and installation of the following materials l02392 1 the laying of brick made from any material in under or upon any structure or form of work where bricks are used whether in the ground or over its surface or beneath water in commercial and residential buildings rolling mills iron works blast or smelter furnaces lime for brick kilns in mines or fortifications and in all underground work such as sewers telegraph electric and telephone conduits including the installation of substitutes for brick such as all carbon materials karbate impervite or mixtures all acid resistant materials all terracotta and porcelain materials 2 all cutting of joints pointing cleaning and cutting of brick or block walls fire proofing (regardless of the method or materials used) block arching tenacotta cutting and setting the laying and cutting of all tile plaster mineral wool cork blocks and glass masonry or any substitute for the above materials the laying of all pipe sewers of water mains and the filling of all joints on the same when such sewers or conduits are of any vitreous material burnt clay or cement or any substance material used for the above purpose the cutting rubbing and grinding of all kinds of brick and the setting of all cut stone trimmings on brick buildings and the preparation and erection of plastic castables or any refractory materials 3 cleaning grouting pointing and other work including the caulking of windows necessary to achieve and complete the work under the foregoing categories all 36 waterproofing and black mastic waterproofing silicone and/or substitutes sandwiched between masonry units in the interior of the wall 4 all te1tacotta called unit tile regardless of method of installation (including rain screen terra cotta) all quarry tile split brick or quarry tile or similar material the bedding jointing and pointing of the above materials shall be the work of the craft installing same 5 all burnt clay extruded cellular products regardless of trade name or method of installation when used as a veneer on structures all clay products known as tenacotta tile unit tile ceramic veneer and machinemade tenacotta and like materials regardless of the method of installation including rain screen terra cotta brick paving comes under bricklayers trade classification k the bricklayer shall perform the complete installation and related finish work of all autoclaved aerated concrete masonry units (aacmu) these operations include but are not limited to the cutting fitting and the applications of mo1iar and/or cementious materials used for the setting and bonding purposes as well as the actual laying of the aacmu block units into position the routing drilling cutting and patching for all mechanical piping and openings the preparation assembly selecting or staging of aacmu panels hooking on drilling cutting installation of support angles or strut supports fitting bedding setting leveling plumbing aligning fastening anchoring (whether by bolt clip pin or weld) insulation caulking grouting patching cleaning waterproofing and installation of all aacmu units this also includes all work operations related to the installation and applications of all coating covering and veneer systems (both exterior and interior) on all aacmu units these work operations include but arn not limited to preparation of walls and the applications of any and all finish coating 102392 37 materials by any method (ie trowel on machine spray on etc) or any other device deemed necessary to produce the desired finish surface l the complete installation within the cavity wall or applied to masonry or other elements within the exterior wall or any other surface or air barrier systems combined air barrier systems and vapor barrier systems multicomponent air barrier systems vapor transfusable air barrier systems and other engineered air barrier systems designed to conserve energy consumption and provide moisture protection on buildings and structures shall be the work of the members of the iu bac the materials and methods shall include but shall not be limited to the following sheet rubberized asphalt membranes (peel and stick) fluid applied materials (spray brush roller or trowelapplied) sprayapplied polyurethane foam smooth surface roofing membranes modified bituminous selfadhering membranes modified bituminous torch grade applied membranes urethane foam trowelapplied rubberbased adhesives sprayapplied rubberbased adhesive plastic compounds nonsoldered sheet metal foilfaced urethane insulation all sealants and taping of joints in the backup system all membrane flashing including but not limited to through wall flashing with any fabricated metal 102392 m this agreement covers all work assigmnents of the following work i rubble work rough cellar masonry dry masomy walls and slopes 2 broken range and random and coursed ashlar 3 setting all rubble broken ashlar and cut stone and precast slabs and artificial stone work 38 4 setting and cutting bluestone flagging and slate flagging or any other type of flagging called by any other trade name 5 setting of cement blocks below grade and cesspools 6 building of all jetties break waters riprap 7 all flagstone of interior of buildings 8 all membrane flashing on spandrils 9 graffiti proofing and waterproofing sealants and coatings on all work n bricklayer work shall include such other work as the international union may from time to time determine 0 bricklayers shall also continue to do all the work which they have performed in the past section 2 cutting a the cutting of all bricklayers work shall be done by bricklayers where a wetsaw is used for cutting the employer shall provide a pair of goggles rubber gloves an apron and rubber boots no drycutting of masonry products shall be performed on scaffolds where bricklayers are working except in the circumstances set forth in this section 2 subparagraphs b through f b where pneumatic guns or other mechanical devices are used the bricklayers shall cut all beam holes chases toothing and all openings in walls of any thickness in bricklayers work where mechanical devices are used for cutting out of bricklayers work the cutting of brick or terracotta the bricklayers employed thereon must be selected from those already employed on the operation c if any bricks have to be cut on the building this cutting shall be done by bricklayers regardless of the means apparatus equipment or tools used 102392 39 d where cutting machines are used to cut terracotta or bricktile the employer shall furnish an industry standard regulation respiratory mask to cover the mouth and nose and also furnish to the bricklayer that is working on the machine a pair of goggles all portable cutting machines which are used by bricklayers to cut terracotta brick or bricktiles are to be furnished with soine mechanical device to draw the dust away from the bricklayers at the machine bricklayers operating cutting machines where time would be needed for the purpose of cleaning up shall be allowed a reasonable time for the purpose of washing up tue last sentence is to take care of those bricklayers employed on extraordinarily dirty work (not covered under cutting machines) so that they may take care of personal cleanliness e if the jambs of an opening have to be rebuilt the cutting out of the toothing for bonding the new work to the old work shall be done by bricklayers f the employer may sublet the caulking of windows and paving of floors (unit paving interior and exterior) as mentioned in section 1 hereof when the subcontractor is a party to an agreement with the bricklayers union and on condition that the caulking is sublet before the exterior walls are completed section 3 panelization a this agreement covers all work assigmnents in the preassembly and complete installation of all exterior and interior artificial and natural masonry products and associated items of any size or dimension whether set individually or in preassembled panels which may have metal or concrete backing whether set with cement mortar high strength adhesives or secured by bolting or welding to plates set in all types of concrete are attached to steel fran1e structures whether set by hand or with any type of mechanical systems b preassembly work assigmnents shall include but not be limited to the preparations of steel frames or precast concrete back up panels the drilling of holes cutting fitting and fastening 102392 40 of artificial and natural product units to steel frames or back up precast by bolts clip anchors pins including any welding as well as the complete application or installation of insulating caulking and/or waterproofing materials employee wage and contribution rates and conditions of employment for preassembly work shall be negotiated separately between the union and the employer c installation work assignments shall include but not be limited to unloading selecting or shaking out of artificial and natural masonry products for erection hooking on signaling laying out cutting fitting bedding landing setting leveling plumbing aligning anchoring installation of any steel clips relief or support angles as well as the installation of metal grid or stjut stone supports (including bolting and/or welding) grouting patching cleaning and installation of gaskets or packing and caulking d on panelization work eight (8) hours work per day shall constitute a days work forty (40) hours work per week monday through friday inclusive shall constitute a weeks work normal starting time shall be 800 am normal quitting time shall be 430 pm with a thirty (30) minutes unpaid lunch break occurring in the middle of the shift normal starting and quitting time may be changed by mutual consent of the employer and the union shift work may be scheduled if required when more than one shift is required employees working the shift shall receive nine hours pay for eight hours work section 4 contracting a the employer shall not directly or indirectly let solely the labor services required for any contract of such member no employer shall sublet or accept a contract or subcontjact for masonry work solely unless such contract or subcontract embraces all interior and exterior masonry work for the building or other fonn of construction involved ( except the building of isolated stacks boiler work guantavino arches or precast units for floor arches including the 102392 41 furnishing of all materials incidental thereto) it is recognized however that this type of work is bricklayers work b the employer accepting such contract or subcontract solely for mason work must perform all such work with his own bricklayers and such contract or subcontract shall not be sublet however an employer having a general contract may sublet the masonry work to a contractor who is signatory to an agreement with the union and has posted the bond required under section 9 e of article iii of this agreement the employer shall provide five days written notice of the subletting of masonry on any project to the union before any bricklayers are employed on such project such notice shall give the location of the project name and address of the owner contractor and subcontractor c when the employer having a general contract has provided the requisite fiveday notice described in paragraph b above and the subcontractor becomes delinquent for contributions owed the funds for hours worked at the project the funds shall give written notice of such delinquency to the employer as provided under section 9 e article iii the subcontractor that has posted the requisite bond becomes delinquent on the 20th day following the month in which the contributions accrue for example contributions for august are due on september 20th upon receipt of written notice that the subcontractor is delinquent the employer shall be responsible for withholding any payments due to such subcontractor after having received notice of delinquency and sending them instead to the funds until such delinquency is satisfied the employer will thereupon be required to deduct from subsequent sums due the subcontractor sufficient moneys to cover the cost of contributions owed for the current month and all months thereafter until either (i) the project is completed or (2) the funds notify the employer that the subcontractor is no longer delinquent for hours worked on the 102392 42 ownership management or control the terms and conditions of this agreement shall be applicable to all such work b all charges of violations of paragraph (a) of the section 4 shall be considered as a dispute under the agreement and shall be processed in accordance with the procedures for the handling of grievances and the final binding resolution of disputes as provided in the agreement as a remedy for violations of this section 4 the arbitrator (or arbitration body) provided for in the agreement is empowered at the request of the union to require an employer to l pay to affected employees covered by the agreement including registered applicants for employment the equivalent of wages lost by such employees as a result of the violations and 2 pay into the affected joint trust funds established under the agreement any delinquent contributions to such funds which have resulted from the violations including such interest as may be prescribed by the trustees or by law provisions for this remedy herein does not make such remedy the exclusive remedy available to the union for violation of this section nor does it make the same or other remedies unavailable to the union for violations of other provisions of the agreement c if as a result of violations of this section it is necessary for the union and/or trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with paragraph (b) above or to defend an action which seeks to vacate such award the employer shall pay any accountants and attorneys fees incurred by the union and/or the fund trustees plus costs of the litigation which have resulted from the bringing of such court action 102392 45 section 5 dates the agreement is effective for the period commencing july 1 2015 and shall terminate on june 30 2018 section 6 retroactivity it is mutually agreed that all wages contributions to bricklayers fringe benefit funds and industry funds and conditions provided for in the agreement shall be retroactive to july 1 2018 section 7 supercession in the event the employer has signed or become party to another collective bargaining agreement covering the same work in the same geographic area this agreement shall supersede the other one section 8 successors the agreement shall be binding upon and shall insure to the benefit of each party hereto its successors and assigns and any successor thereto resulting from a merger consolidation of other organization or restructuring section 9 no discrimination no employee or applicant for employment shall be discriminated against as to race creed color national origin religion sex age disability marital status veteran status sexual orientation or citizenship status in all employment decisions including but not limited to recruitment hiring compensation training and apprenticeship promotion upgrading demotion downgrading transfer layoff and termination and all other terms and conditions of employment section 10 industry fund the employer will contribute $025 per hour for each hour of employment of bricklayers to the building contractors association industry advancement progran1 (iap) 451 park avenue 102392 46 south new york new york the contribution is not part of the wage and fringe benefit package set fo1th in article iii contributions to the ap shall be submitted to the benefit funds with the fringe benefit fund contributions the bca will be charged an administrative fee when the iap contributions are processed through the fringe benefit funds section 1 article ix arbitration in the event of any dispute with reference to the interpretation application or breach of any of the terms contained in this agreement the matter will be taken up initially by a joint arbitration board which shall consist of representatives of the union and the employer if the parties are unable to achieve a mutually satisfactory resolution within seven (7) business days thereafter the matter shall be submitted in writing for determination by either george nicolau esq or ruth raisfeld for final and binding arbitration the two arbitrators will hear cases on a rotating basis neither arbitrator however will determine cases involving a collection of delinquent contributions to the bricklayers fringe benefit funds the arbitrator shall be prohibited from changing any of the terms and conditions of this agreement during its term section 1 articlex renewal the agreement shall be deemed to be and shall be automatically extended and renewed from year to year by and between the parties hereto for further one (1) year terms upon all of the above terms conditions and covenants unless either party gives written notice to the other not less than sixty (60) calendar days and not more than ninety (90) days prior to the then expiration date of the agreement of its desire to amend change or terminate the agreement on its expiration date in the event such notice is given the patties shall begin the negotiations within 102392 47 original fortyfive (45) calendar days if negotiations are not completed prior to the expiration date the agreement shall terminate unless extended by mutual agreement of the parties section 2 all notices demands and other communications which are required to be or may be given under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person or three (3) days after dispatch by certified mail postage paid return receipt requested to the party to whom the same is so given or made if to the union addressed to bricklayers and allied craftworkers local 1 4 court square long island city new york 11101 and ifto the employer addressed to the employer at the corporate address set forth in the agreement or at such other address as any party may specify by notice to all other parties given as aforesaid article xi signature signed by both parties hereto by their duly authorized officers as of the 1st day of july 2015 at new york new york for th uildi g to s association inc by1 l_lf___ _ _______ date i/up jp/ i narne(print) __ ~/)~n=l0~_o+jjrr_(_d)) ___________ _ title (print)_~/7/ f~=ft6=/_1vts6_ _j/lc~=nv1_= corporate address i/jr tm avjvcj) juq alj \ro &t /jt/4 /rf0/6 r i telephone ___ _(b__/_r1_6cf}____jzzi_cft ___________ _ 102392 48 for bricklayers and allied craftworkers local no 1 new york by~ ju__ jere ~ent by ~ )_ / ~ jack argila secretarytreaer l02392 date 7 / 15 date { i is 49 section 9c of article iii of the bca cba which is inconsistent with the above sections and reads if an employer becomes delinquent because of a failure to pay contributions to the bfbf by the 20th day of the month following the month for which contributions are due such employer will be required to make payments on a weekly basis thereafter until relieved of such obligation by the union and the delinquency committee therefore substitute the following in its place an employer may elect to pay over to the trustees benefit fund contributions and local 1 dues deductions on a monthly rather than weekly basis as set forth above in sections 3 4 5 6 and 7 however in order to do so such employer must on a weekly basis segregate and hold these benefit fund contributions and dues deductions in a separate escrow account established for that purpose provide written proof to the funds of the existence of such escrow accounts and thereafter pay over said contributions and dues deductions by the 28th day of the month following the month for which such contributions and deductions were due 5 section 3 of article vi shall be amended to provide that all foremen shall be paid not less than $3 5 per day above the prescribed contractual wage rate and all assistant foremen shall be paid not less than $20 per day above the prescribed contractual wage rate 7 the 40% apprentice rate provided in the attached rate sheet shall apply to apprentices hired after july 1 2018 8 the above changes will be incorporated into a fully integrated collective bargaining agreement 107471 building contractors associarn inc signature 4/2 j u v name (print) =to\_ v\ ~ c9 l+t>\lq title (print) w\ c\v\ 01(1 1 vi <=i b ~ 6 v corporate address lj s i ovi\l ~u f jti> 111 il /v 1 w y i 00 i bricklayers and allied craftworkers local no i new york by _______________ ~date _______ _ jeremiah sullivan president by _______________ ~date _______ _ jack argila secretarytreasurer 107471 _memornnclmt9 lj nderstanding the building contractors association inc (bca) and local no l new york of the international union of bricklayers and allied craft workers (lo(al 1 ) have agreed to extend their 20182021 collective bargaining agreement to cover the period july 1 2021 to june 30 2024 with the following modifications 1 the wage and benefit package shall be increased as follows and allocated as directed by local i with the first years allocations set fo1th in the attached rate sheet july 1 2021 25% ($230) july i 2022 2% ($189) july i 202325% ($241) 2 an additional $050 shall be added to the 2021 and 2022 wage and benefit package increases and will be allocated to the vacation fund so that the vacation fund contributions will be as follows july i 2021 $625 july 1 2022 $675 3 the parties agree that this agreement satisfies the new york state paid sick leave law and the parties agree to waive application of the new york city paid sick leave law and therefore article lll section 7 shall be amended as follows a the following sentence will be added to the first paragraph the benefit provided through the vacation fund provides comparable benefits to those required by ny labor law section 196b b the following language will be added as the second paragraph 1jnion and employer being a part of the constmction industry mutually consent to waive application of the new york city paid safe and sick leave law enacted under title 20 chapter 8 of the new york city administrative code administrative code and in accordance with new york city 20916 ~ { 4 the above changes will be incorporated into a fully integrated collective bargaining agreement date ~ )j_ 11 date _l/ /2otl
