This agreement, dated as of july 1, 2006 between building contractors association party of the first part, hereinafter referred to as the employer international union of operating engineers local 14-14b party of the second patt, hereinafter referred to as the union shall be in period from force and effect for l, 2006 to june 30, 20 table of contents object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L principles . . . . . . . . . . . . . . . . . . . . . . . . . 2 territoty covered ……………… : : : : : : : : : : : : : 4 work covered …………. ………………. 4 hours …………………………………. 13 wages …………………………………. 17 p f d enston un ……………….. ………….. 24 welfare fund ……………………………. 25 annuity voluntary fund ……………………. 27 annuity fund ……… . ‘ …………………… 27 defense assessment …………… ,. ………… 28 union assessment ………………………… 29 training program …………………………. 29 consolidated stamp ……………………….. 30 industly advancement program ………………. 30 working conditions ……………………….. 31 master mechanic …………………………. 34 insurance ………………………………. 39 validity ……………………………….. 40 trade and jurisdictional disputes ……………… 41 trade boards ……………………………. 41 duration ……………………………….. 44 effectuating clause ……………………….. 45 article i object section i. To establish and maintain wages, hours and working conditions for the work on building construction covered by this agreement in the territory to which it applies, to prevent strikes and lockouts, to insure the peaceable adjustment and settlement of any and all grievances, disputes or differences that may arise between the parties as such, or between them and the employer and employees and to provide for the adjustment of disputes between trades. Article ii principles section l. The amount of work a man may perfonn shall not be restricted by the union nor by its representatives, officers or members, and the use of machinery, tools, appliances or methods shall not be restricted or interfered with under the terms of this agreement. It is agreed, however, that in the event the engineer is ordered fo hoist personnel on material hoists, which is contrary to rules and regulations of the u. S. Department of labor – o. S. H. A. , the engineer shall refuse to operate the hoist. Section 2. The business representatives of the union shall have access to the work site at all times. They shall comply with all general conditions of the job regarding passes, entrances to be used, etc. Section 3. The employers recognize ti union as a source for the procurement of skilled workm le . D and engmeers an agree to employ such workers who en ar members in good standing of the union or who becom: members thereof seven days after the commencement of their employment, and the union agrees to furnish such workers when requested by the employers. Such worker . . . S shall thereafter mamtam theff membership in good standing. Section 4. The union or its representatives shall not order a strike or stoppage of work, nor shall the employees strike against any employer or collectively leave the work of an employer, nor shall any employer lock out employees prior to filing a complaint, or pending the adjustment of any existing disputes, as provided for in article x. The foregoing does not deny the right of the union to render assistance to other labor organizations by removing its members from jobs, when combined action by all trades is officially ordered by the president or business manager of the local, but no removal shall take place until formal notice is given to the secretaiy of the trade association involved, in accordance with the requirements of the general arbitration plan referred to in article ix section i. ‘ section 5. An engineer shall hoist only the material of his employer. If the engineer is required to hoist for any other contractor and/or subcontractor that does not have an agreement with the union and there exists a juris- dictional dispute with the other contractor and/or subcontractor and its employees, hoisting shall only be done by the 2 mutual consent of the employer and the union. Ifa problem arises and there is no immediate solution to the jurisdictional problem, it shall be mandatory that the machine1y of “the new york plan” shall become operational at once. The employer shall designate the person in his employ who is authorized to order the hoisting engineer to raise material. Nothing in this agreement shall be construed as prohibiting the shifting of an engineer from one engine to another, limited to two moves on the same job site onto machines of a similar nature. Section 6. Slowdowns and practices contra1y to the principles contained in this agreement will not be tolerated. Section 7. The employer association and the union agree that they have not and will not discriminate against any individual seeking employment because of race, creed, color, nationality or sex, age, disability, marital status, citizenship status or sexual orientation. Section 8. Should the union knowingly allow its members to work for competitors of the party of the first part, for a wage less than the wage established by this agreement, or under conditions more favorable to the employer than the conditions established by this agreement, the wages and conditions contained in this agreement shall immediately be changed to conform to the more favorable conditions as shown to exist. 3 i ! 11 ! ‘, ! , 1 l’ ii i/ article hi territory covered section 1. This agreement shall apply to building construction work in new york city, i. E. , borough of manhattan, borough of bronx, borough of richmond, borough of queens and borough of brooklyn. Article iv work covered engineers shall be employed on the operation of: all high pressure boilers, high pressure steam (not from permanent plant of an existing building on the job site or street service) used for tempora1y heating, when operated by parties of the first part. All engines i1tespective of power used for hoisting materials and constmction equipment for buildings. Air compressors (it being agreed that one (i) engineer shall service two (2) compressors when such compressors are located within one hundred feet of each other, and shall drive all truck-mounted compressors. ) air valves, when compressed air is obtained from other sources than the employer’s compressor. Steam or compressed air driven concrete or mortar mixers. 4 on gravity fed concrete mixing plants wh~re compressed air or steam is required, an op~ratmg engineer shall be employed on the gravity fed concrete mixing plant and/or boiler. One man will cover the gravity fed concrete mixing plant, the boiler and the compressor, if all three are used. He shall work any and all overtime that the gravity fed concrete mixing plant works. No engineer shall be required until the gravity fed concrete mixing plant goes into production. A local 14 engineer and local 15 maintenance engineer shall be employed on a job site concrete plant. A local 14 engineer and local 15 maintenance engineer shall be employed when a power pac is used in conjunction with a conveyor. Pulsometers, syphons and pumps driven by steam or compressed air. Cableways, cranes, cheny pickers, clamshells, orange peel and drag line buckets. All hydraulic cranes in excess of 70,000 lbs. Gvw will be manned by two (2) men. One local 14 engineer, one local 15 maintenance man. Climbing cranes. Locomotives. Power chain hoists and concrete pumps. Loading or unloading material between the truck s and the ground or an elevated hoist loading platform (defined as street hoist landing platform), where either a power boom or tailgate mounted on the truck is used to facilitate same shall not be classified as hoisting. Utilizing the boom on one truck to unload subsequent trucks will be considered hosting. In connection with pumping, where any pumping is required to be operated continuously on river coffer dams and well point pumps because of water conditions, an engineer shall be employed. Lift trucks and forklifts and similar machines when such lift trucks and forklifts and/or simi~ jar machines are used to hoist building materials. An engineer will be employed on a power conveyor or conveyors. Motorized buggies when they are used on ramps for lifting materials to the second floor, or above. An engineer shall be employed on engine driven welding machines where total amperage being operated under one contract by an individual contractor within the building, including the foundation, is 600 amperes, or more. Welding machines when used on structural steel work. Personnel materials hoists, regardless of the use of such machines. Defined to include, but not being limited to: inside cars, rack & pinion hoists and 6 machines of a similar nature used for the hoisting of any constrnction material, equipment (including but not limited to: ladders, gangboxes, afrarnes, tanks, etc. ) or the removal of debris will be operated by a single local 14 operating engineer per hoist. Helicopters used in construction. Lift trncks used for hoisting any material will be manned by an operating engineer. There shall be a relief engineer on the first crane with over a 150′ boom and all tower cranes, climbing and crawler, and any derrick. The relief engineer shall cover from the f, 1st through the third machines. Maximum overtime on the first and second crane, if worked, shall be one hour; for a third machine, if worked, two hours overtime maximum. The relief engineer shall count towards the master mechanic if he covers more than one machine. The relief engineer prov1s1on applies to only cranes in production. However, the relief engineer shall be utilized as one of the additional two (2) local 14 engineers used in the erection, dismantling and jumping of tower cranes (climbing and crawler). Erection, dismantling and jumping of tower cranes (climbing & crawler) will be manned as follows: 7 one ( l) local 14 crane operator. In addition there shall be two (2) local 14 engineers, on~ of whom shall operate assist equipment. All engineers “hands on” in the erectioi1 process. House elevators: (i) it is agreed that the operation of house elevators used for the hoisting of any constrnction materials, eqiiipment (including but not limited to ladders, gangboxes, a-frames tanks, etc. ) or removal of 9ebris in any buildin~ or structure is the jurisdiction of the operating engineer. It is also agreed that any “dual” or mixed use (construction materials, equipment,. Debris, etc. And personnel), regardless of location and operation (including construction hoists and elevator cars modified to hoist construction materials, equip. Ment, debris, etc. ) shall be operated by a single local 14 operating engineer per car. When a total floor is renovated, the square footage will be determined by the inside perimeter of the building. This paragraph only applies where the contractor does not have control or authority to operate the house car. In all other cases, where the house car is used to perform work under local l4’s jurisdiction, the engineer shall be employed pursuant to the terms of this agreement. ( l) b. All jobs shall be reported to the union hall. All jobs require a pre-job conference between a union representative and a representative from the bca. 8 (2). Alteration jobs over 100,000 sljnare feet: on alteration jobs of more than 100,000 square feet (hereinafter” i 00,000 square feet jobs”) alteration definition: an alteration shall be defined as a project within a building or structure having not less than 25% occupancy rate. When an alteration is being performed within a building or structure having less than a 25% occupancy rate, the “new construction” conditions will apply and the engineer shall be employed on a full-time weekly basis. When calculating, it is mutually agreed that both parties wi ii refer to the “office buildingsmanhattan review” publication to determine a project’s square footage. When unavailable, the square footage will be determined by the inside perimeter of the building. If an elevator is dedicated to the employer for its use in hoisting materials prior to the start of construction, an engineer shall be employed on a full time basis for the duration of hoisting of materials by the employer. If an elevator is not so dedicated to the employer’s use, an engineer shall be employed for four weeks for the first i 00,000 square feet of space being altered in settlement of local 14’s right to have an engineer operate the hoist for the duration of the project, followed by two weeks for each additional 25,000 9 i: ii t .111 i: i i, j; square feet of space being altered. The engineer will be employed according to a schedule developed and distributed by the employer. He shall report to the site and be available for work and paid on a weekly basis, if possession of the elevator is assumed by the employer and used for hoisting materials, there shall be no settlement and an engineer shall be employed on a full time weekly basis for the duration of the hoisting of its materials by the employer. If an elevator is not dedicated to the employer’s use for hoisting materials, but the employer has a number of elevator cars at its disposal for hoisting materials, an engineer shall be employed on a full time weekly basis and shall be assigned to any available car. On i 00,000 square feet jobs, if the employer has available to it an elevator dedicated primarily for the employer’s use in hoisting materials, even if it is operated by in-house personnel, the employer shall employ an engineer and the engineer shall report to the site and be available for work and shall be paid on a weekly basis. On i 00,000 square feet jobs, if the employer gains control of an elevator for hoisting its materials, or an elevator is dedicated for hoisting the employer’s materials, an engineer shall be employed on a full time weekly basis for the duration of the hoisting by the employer. {3} alteration definition: an alteration shall be defined as a project within a building or structure having not less than 25% occupancy rate. When an alteration is being performed within a building or structure having less than a 25% occupancy rate, the “new construction” conditions will apply and the engineer shall be employed on a full-time weekly basis. When calculating, it is mutually agreed that both parties will refer to the “office build_ingsmanhattan review” publication to determme a project’s square footage. When unavailabl_e, ! L1e square footage will be determined by the ms1de perimeter of the building. (4) it is further understood that all contracts held in whole or in part by one contractor in any one building will be subject to this clause. (5) on buildings where there is a complete renovation, the work will be considered new construction and manned accordingly. (6) on alteration work in any 24 hour period the first seven (7) hours worked shall be paid at the straight time rate; and any hours wo~ked in exce~s of seven (7) hours shall be paid at the double tune rate. This ~oes not apply to outside hoisting equipment. The engmeer so employed shall perform any other work assigned by his employer. (7) new space: in occupied buildings on all jobs starting after 7/1/93, local 14-represented engineers shall be compensated under the alteration provision of the agreement when bca members perform work in a building on “virgin space” that has not previously been “built out”, provided that: (a) the space on which the bca member is working has been unoccupied for at least one (i) year after the core and shell of the building were completed; and (b) the elevator used for transporting constmction materials is not under the control of the bca member; and (c) the work being performed by the bca member consists of what is known generally as a “tenant build-out” or “tenant work”. (8) definition of a site: all construction and demolition work performed for or by an owner or developer in a location, by one or more contractors, shall be considered a site. A site may be one building or a number of buildings. The original buildout or the buildout of jobs considered new construction, regardless of whether the owner, developer or tenant contracts the construction, shall be considered part of the site. All constrnction and demolition on jobs where a constrnction manager is supervising or coordinating the construction or demolition shall be considered a planned improvement for the owner or developer and, therefore, part of the site. 12 article v hours this agreement is based on the principle that the , employer is entitled to seven (7) hours actual work for 1 seven (7) hours pay. Any unreasonable failure to work these hours gives the employer the right to pay for the hours actually worked. Section 1. The minimum basic day will be seven (7) hours, between the hours of 8:00 a. M. And 4:00 p. M. For all weekdays, except saturday. This time shall be actual nmning time and the engineer shall have his machine ready to run at 8:00 a. M. , unless otherwise notified on the previous day. Each bca member inay schedule all loca’ 14 engineers on its payroll at a particular job site to start work at 7:00 a. M. Or 8:00 a.111. Any change in starting time shall be effective for at least one calendar week. Section 2. It is agreed that the engineer shall be employed on a straight time weekly basis, except as provided in section 5 hereof. Section 3. When the engineer works with the mechanics of a trade who are on an eight (8) hour day basis, the engineer will work the additional hour at straight time. If an engineer is hoisting for a trade receiving overtime for that eighth hour, he shall receive the eighth hour at doubletime rate. 13 section 4. Any local 14-represented engineer who operates a temporary personnel materials hoist, including a dual rack and pinion hoist, shall work eight (8) hours at straight time rates as his normal work day. Section 5. At the start and finish of a job engineers shall be paid for the actual time worked. On jobs of one or two days duration, an engineer shall be paid for a day’s wages for each day he works. When an engineer, hoisting for the concrete contractor exclusively, is employed only one or two consecutive days within a period of five (5) consecutive working days, he shall receive a minimum of three (3) days’ pay for each payroll week. Section 6. When working with the plasterer, the engineer shall work similar hours as the plasterer’s laborers. When machines are being used to pump or spray plastering material on a job, an engineer shall be employed: (a) when one or more machines are pumping or spraying above the second floor on all apartment buildings over seven (7) stories high. (b) when one or more machines are pumping or spraying above the second floor on office buildings which require 1250 square yards or more per floor. ( c) when two (2) or more machines are pumping or spraying from street level up on buildings over two stories high. (d) when jobs comprised of more than one (i) building are pumping or spraying from street level up, when two (2) to four (4) machines on buildings over two stories high, whether working on one (1) or more buildings at a 14 time, however, when five (s) or more machines are in operation on more than one (i) building, an additional engineer shall be employed. (e) no engineer shall be required where only one (i) machine is used for pumping or spraying unless hose is larger than three (3) inches, except as stipulated above. (t) when an engineer is employed he may cover house car or portable hoist for not more than two (2) hours per day. Section 7. Whenever a pump or machine (regardless of size of hose) is used to pump o~ place ~reproof material, acoustical material or any matenal of a similar nature or purpose, an engineer will be employed. The engineer will cover pump #1 through #5. A mast_er mechanic, when employed by a bca member or any of its sub-contractors, resulting from the combination stipulated in article vii, section 11, paragraph (a), may cover the fireproofing pump provided no engineer already manning the pump is displaced. It is also agreed that the _fireproo: ing pump will count towards the master mechantc. On jo~s where the fireproofing pump triggers the master mechamc, the master mechanic shall be designated in accordance with article vii, section 11 (i) and shall man that fireproo~ng pump. After the first application of fireproofing matenal, consistent with the nyc building code and manufacturer’s specifications and applied after july i, 2006, no engineer will be required when re-spraying or patching. Section 8. It is further agreed that no work shall be performed on saturday, except in case of an emergency or necessity, and that no work shall be performed then 15 ‘ .. —— —-~ – . –j unless notice be given to the secretary of the international union of operating engineers, local 14, by 2:00 p. M. On the previous friday, stating building where the work is to be performed and the number of engineers required, when double time shall be allowed. Emergency work, involving danger to life and property, may be performed without above notice being given. Section 9. The legal holidays referred to in this article are: new year’s day, lincoln’s birthday, presidents’ day, memorial day, independence day, labor day, columbus day, veterans day, thanksgiving day, thanksgiving friday and christmas day. When an engineer is employed during the payroll week in which the aforesaid holidays fall, he shall be paid for these holidays even if they fall on saturday. Section to. When pumps, syphons, pulsometers and/or boilers are operating twenty four (24) hours continuously, three shifts of engineers shall be employed and no double time shall be paid except where men are working more than eight (8) hours on one shift, or are employed over forty (40) hours continuously. There shall be no charge for engineer’s services on operating automatic pumps during noon hour. Section 11. Whenever a gravity fed concrete mixing plant is in operation on saturday, sunday or holidays, the gravity fed concrete mixing plant engineer must be employed and article v, section 4, of the agreement shall apply to all gravity fed concrete mixing plants. 16 article vi wages* section 1. (a) the double drum (rigging cont. Assoc. ) rate shall be as follows: * july i, 2006 to june 30, 2007 ………….. $ 53 .00 * july i, 2007 to june 30, 2008 ………… + $ 4.28 * july i, 2008 to june 30, 2009 ………… + $ 2.85 * july i, 2009 to june 30, 20 io ………… + $ 2.85 * july i, 20 io to june 30, 201 i. ………… + $ 2.85 section i. (b} the stone derrick, cranes, hydraulic cranes rate shall be as follows: *july i, 2006 to june 30, 2007 ………….. $56.05 *july i, 2007 to june 30, 2008: …………. +$4. T15 *july i, 2008 to june 30, 2009 …………. + $2.97 *july 1, 2009 to june 30, 20″!0 …………. + $2.97 *july 1, 2010 to june 30, 2011 …………. + $2.97 section 2. Dismantling, jumping and erection of cranes, relief engineer rate shall be as follows: *july i, 2006 to june 30, 2007 ………….. $51.77 *july i, 2007 to june 30, 2008 ………….. +$4.21 *july 1, 2008 to june 30, 2009 …………. + $2.80 *july i, 2009 to june 30, 2010 …………. + $2.80 *july 1, 201 oto june 30, 2011 …………. + $2.80 section 3. 4 pole hoist, single drum hoists rate shall be as follows: *july i, 2006 to june 30, 2007 ………….. $51.24 * july i, 2007 to june 30, 2008 ………….. +$4. 18 17 *july (, 2008 to june 30, 2009 …………. + $2.78 *july i, 2009 to june 30, 2010 …………. + $2.78 *july i, 2010 to junej0, 2011 …………. + $2.78 section 4. The fork lifts, plaster (platform machine), plaster bucket, concrete pump and all other equipment used for hoisting material rate shall be as follows: *july i, 2006 to june 30, 2007 ………….. $46.73 *july i, 2007 to june 30, 2008 ………….. +$3.92 *july i, 2008 to june 30, 2009 …………. + $2.61 *july i, 2009 to june 30, 20io … ‘ ………. + $2.61 *july i, 2010 to june 30, 2011 …………. + $2.61 section 4. (b) house cars and rack & pinion rate shall be as follows: *july i, 2006 to june 30, 2007 ………….. $45.42 *july i, 2007 to june 30, 2008 ………….. +$3.92 *july i, 2008 to june 30, 2009 ………….. +$3.92 *july i, 2009 to june 30, 20io ………….. +$2.61 *july i, 2010 to june 30, 2011. …………. +$2.61 section 5. The compressors, welding machines (cutting concrete-tank work), paint spraying, sand blasting, pumps (with the exclusion of concrete pumps), house car (settlement basis only), all engines, irrespective of power (power-pac) used to drive auxilimy equipment, air, hydraulic, jacking system, etc. , boilers rate shall be as follows: *july i, 2006 to june 30, 2007 ………….. $35.32 *july i, 2007 to june 30, 2008 ………….. +$3.28 *july i, 2008 to june 30, 2009 …………. + $2.18 18 * july i, 2009 to june 30, 20 io …………. + $2.18 *july i, 2010 to june 30, 2011 …………. + $2.18 when an engineer is employed on a long boom crane, the following rates will apply in addition to the basic crane rate: l00 ft. To 149 ft. . . . . . . . . . . $1. 7 5 per hour 150 ft. To 249 ft. . . . . . . . . . . $2.00 per hour 250 ft. To 349 ft. ………. $2.25 per hour 350 ft. To 450 ft. ………. $2.75 per hour tower climbing crane …… $2.00 per hour * it is agreed that local 14 may reduce the wage rate set forth herein for the periods commencing july i, 2006, july i, 2007, july i, 2008, july i, 2009, july i, 2010 and reallocate the amount of said reduced wage rate into fringe benefits, after notifying the building contractors association in writing before said reallocation is to become effective. *note: the wages shown herein were those set on the effective date of this agreement. However, in accordance with the above provision, wage reductions and fringe benefit reallocations have been made subsequent to the effective elate of this agreement. Please refer to the printed wage scale for the modified rates and benefits applicable to each of the above years. Section 6. The following fringe benefits shall be added to all classifications: annuity voluntary *effective july i, 2006 to june 30, 2007: $3.25 per hour on straight time paid $6.50 per hour on premium time paid 19 (includes .05 cents or such other amount which may be voluntarily allocated to the local 14-14b voluntaiy political action committee (vpac). Annuity *effective july i, 2006 to june 30, 2007: $8.75 per hour on straight time paid $17.50 per hour on premium time paid union assessment *effective july 1, 2006 to june 30, 2007: $ .90 per hour on straight time paid $1.80 per hour on premium time paid training program *effective july l, 2006 to june 30, 2007: $0.55 per hour on straight time paid $ i. 10 per hour on premium time paid defense fund *effective july i, 2006 to june 30, 2007: $ .05 per hour on straight time paid $ . Io per hour on premium time paid welfare funds *effective july l, 2006 to june 30, 2007: $5.10 per hour on straight time paid $10.20 per hour on premium time paid pension funds *effective july l, 2006 to june 30, 2007: $3.95 per hour on straight time paid $3.95 per hour on premium time paid 20 *the fringe benefits shown herein were those set on the effective date of this agreement. However, in accordance with the provision already noted in this article, wage reductions and fringe benefit reallocations have been made subsequent to the effective date of this agreement. Please refer to the printed wage scale for modified benefits applicable to each of the above years. Section 7. When an engineer is employed on a tower climbing crane, he shall receive an additional $2.00 per hour over the basic crane rate. The engineer on a tower climbing crane shall receive, in addition, one ( l) hour per day climbing time at the double time rate. Climbing time shall start when the equipment is power activated. Section 8 .. Lunch time for the engineer employed on a tower climbing crane shall be determined at the start of the job. If the engineer retn, ains in the cab, he will receive 1/2 hour wages at the double time rate. If the engineer works any time during lunch, he will receive one hour’s wages at the double time rate. Section 9. The wages of a master mechanic shall not be less than six dollars and fifty cents ($6.50) per day more than the highest scale paid to any operating engineer under his jurisdiction. Section 10. Double time shall be allowed for all work on saturday, sunday and legal holidays, as defined in article v, section 8. When an engineer is ordered out on a saturday, 21 sunday or legal holiday, and reports for work as ordered, he shall receive a full day’s pay at double time. Section 11. Overtime shall be paid for at double time rates. Overtime will be decided (computed) by halfhour (1/2) increments. Work done between the hours of 4:00 p. M. And 8:00 a. M. And 12:00 noon and 1:00 p. M. Is overtime; except when by agreement with the contractor, work may be resumed at 12:30 p. M. And end at 3:30 p. M. And the attangement is carried out for an appreciable length of time; and when employed on brick masonry, on request, the engineer shall start ten minutes before 8:00 a. M. And may quit ten minutes before 4:00 p. M. If required by the employer, the engineer shall hoist the concrete in the ground hopper at twelve noon without benefit of overtime. This situation shall be limited to one lift. He shall be allowed his foll one-half hour, or full hour as the case may be, for lunch. Section 1~. (a) every employer covered by this agreement shall contribute employer contributions on the gross wages of all employees covered by this agreement and employed by said employer in the amounts hereinbefore specified to the local 14 and 14b pension fund and to the local 14 and 14b welfare fund as well as to each of the other funds specified in this article. (b) the employer shall make available to the auditors of the pension, welfare, voluntary annuity, training and annuity funds provided for in this agreement, within (i 0) ten days after written notice from the trustees, 22 any and all records which in the discretion of the trustees of said funds or any one fund, may be required to determine whether the employer has made the contributions it is obligated to make pursuant to this agreement. U 1 the employer shall furnish the trustees of the \\ pension fund, the trustees of the welfare fund, the trnstees i of the annuity voluntary fund, the trnstees of the training fund, and the trnstees of the annuity fund with reports for each calendar month not later than the !0th day of the month following providing the names, job classifications, social security numbers, wages earned and hours worked for all employees covered under this agreement. (c) failure to pay contributions or to provide reports or records in accordance with these subsections to any of the aforesaid funds as required, shall constitute a breach of this agreement by the defaulting employer, and the union may withdraw its men from jobs of the employer until compliance herewith, provided at least two (2) working days notice of such withdrawal is given to the defaulting employer and the bca. ( d) resort to a remedy under this agreement or under the agreements and declarations oftrnst for the collection of contributions due the funds or any one fund, shall not be deemed a waiver of the right to resort to any other remedy provided therein or by law. Resort to one remedy at one time shall not be deemed a waiver of the right to resort to others at a future or subsequent time. (e) whenever it is necessary for the union to take legal action to recover delinquent fund payments, any employer found to be delinquent shall be liable for immedi- ~ ate payment of all delinquencies, interest and the reasonable ‘ 23 cost of legal fees reasonably incurred in collecting the delinquent payments. For the purpose of this provision, interest will be computed at the rate used by the internal revenue service for delinquent tax payments during the period of delinquency. Section 13 pension fund – commencing july 1, 2006 and continuing through june 30, 2011, the employer agrees to pay, in accordance with article vi, section 6 of this agreement, to each employee covered by this agreement working under the classification and territorial jurisdiction of locals 14 and 14b, in stamps purchased from a united states treasmy-approved operating engineers, local 14 and 14b pension fund (hereinafter “local 14-14b pension fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to local 14-14b pension fund by the employee at such times as are designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the local 14-14b pension fund may determine, as well as for the organization and administration of the local 14-14b pension fund. The local 14-14b pension the aforesaid stipulated amounts provided for in section 4 of this article shall be applied only to straight time hourly rates of pay, and shall not apply to the premium portion of double time or overtime, as provided for in sections \ 8 and 9 of this article, i. E. , the stipulated amounts paid on double time or overtime shall be straight time rates only. Welfare fund – commencing july i, 2006 and continuing through june 30, 201 i the employer 1 agrees to pay, in accordance with article vi, section 6 of this agreement, to each employee covered by this agreement working under the classification and territorial jurisdiction of locals 14 and 14b, in stamps purchased from a united states treasmy-approved operating engineers, fund shall be administered jointly by tmstees, one-half of 1 whom shall be designated by local 14-14b, and one-half by local 14 and 14b welfare fund (hereinafter “local 14-14b welfare fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to local 14- 14b welfare fund by the employee at such times as are designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the local 14-14b welfare fund may determine, as well as for the organization and administration of the local 14-14b welfare fund. The local 14-14b welfare fund shall be administered jointly by trustees, onehalf of whom shall be designated by local 14-14b and onehalf by the employers, pursuant to an agreement and declaration oftmst. For the purpose of this section, local the employers, pursuant to an agreement and declaration of trust. For the purpose of this section, local 14-14b shall be considered a contributing employer and shall make contributions on behalf of its full-time employees, who are not members of another union for collective bargaining purposes. 24 14-14b shall be considered a contributing employer and shall make contributions on behalf of its full-time employees, who are not members of another union for collective bargaining purposes. 25 ‘ i i, i 1 j the aforesaid stipulated amounts provided for in section 6 of this article shall be applied to the premium portion of double time or overtime, as provided for in sections io and 11 of this article. Section 14. Each employer shall be bound by all the terms and conditions of the agreements and declarations of trust creating the welfare and pension funds, as amended, and by all by-laws adopted to regulate each of said funds. The trustees of the pension fund shall secure the approval of the treasury department to the pension trust and the pension plan under the applicable provisions of the internal revenue code and shall amend the same if necessary to secure such approval, so as to qualify the employer contributions as deductions for federal income tax purposes, but the obligation of the employer to contribute to the pension fund shall continue pending the securing of such approval. Section 15. Whenever an employer is in default of payments to the operating engineers local 14-14b pension fund or the operating engineers local 14-14b welfare fund and reasonable notice of such default is given to the employer, if the payments are not made, the union may remove employees covered by this agreement from the work of such employer. If such men who are removed remain at the job site during regular working hours, they shall be paid for lost time, not to exceed three (3) clays’ pay. 26 section 16. Annuicy voluntary – commencing july i, 2006 and continuing through june 30, 2011, the employer agrees to pay, in accordance with article vi, section 6 of this agreement, to each employee covered by this agreement working under the classification and territorial jurisdiction of locals 14-14b, in stamps purchased from a united states treasury-approved operating engineers, local 14-14b annuity voluntaty fund (hereinafter “local 14-14b annuity voluntaty fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be cashed by local 14-14b annuity voluntaty fund at such times as are designated by the trnstees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the local 14-14b annuity voluntary fund may determine, as well as for the organization and administration of the local 14-14b annuity voluntary fund. The local 14-14b annuity voluntaty fund shall be administered jointly by trustees, one-half of whom shall be designated by local 14-14b, and one-half by the employers, pursuant to an agreement and declaration of trust. Section 17. Annuity fund – commencing july 1, 2006 and continuing through june 30, 2011 the employer agrees to pay, in accordance with article vi, section 6 of this agreement, to each employee covered by this agreement working under the classification and territorial jurisdiction of locals 14-14b, in stamps purchased from a united states treasury-approved operating engineers, local l4 and 14b 27 annuity fund (hereinafter “local 14-14b annuity fund”), said stamps are to be place<l in the employee’s weekly pay envelope, and shall be remitted to the local 14-14b annuity fund by the employee at such times as are designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the local 14-148 annuity fund may determine, as well as for the organization and administration of the local 14-14b annuity fund, the local 14-14b annuity fund shall be administered jointly by trustees, one-half of whom shall be designated by local 14-14b and one-half by the employers, pursuant to an agreement and declaration of trust. For the purpose of this section, local 14-14b shall be considered a contributing employer and shall make contributions on behalf of its full-time employees, who are not members of another union for collective bargaining purposes. Section 18. Defense assessment – commencing july i, 2006 and continuing through june 30, 2011, the employer agrees that there will be deducted from the wages of each employee working under the jurisdiction of local 14-148, the smns listed in article vi, section 6 of this agreement, which sums constitute part of each employee’s defense assessment and shall remit the same to the union. The union agrees to indemnify and hold harmless the employer from any and all claims/and or actions arising out of such deduction. 28 ~ction 19. Union assessment – commencing july i, 2006 and continuing through june 30, 2011, the employer agrees that there will be deducted from the wages of each employee working under the jurisdiction of local 14-14b, the smns listed in article vi, section 6 of this agreement, which sum constitutes part of each employee’s union dues and shall remit the same to the union. It is mutually agreed that the employee assignments authorizing the aforementioned union assessment shall be in blanket form and filed in the fund office of the local 14-14b annuity voluntary and annuity funds. The union agrees to indemnify and hold harmless the employer from any and all claims and/or actions arising out of such deduction. Section 20. Training program – the purpose of this program is to provide training, including but not limited to, training and skill advancement and journeyman and technological and industrial advancement for the industry and such other training as shall be deemed appropriate by the tmstees, and to pay the expenses of establishing and administering this fund, in accordance with the agreement and declaration of trust. Commencing july i, 2006 and continuing through june 30, 201 i the employer agrees to pay, in accordance with article vi, section 6 of this agreement, to each employee covered by this agreement working under the classification and tettitorial jurisdiction of locals 14-14b, in stamps purchased from a united states treasuryapproved operating engineers, local 14 and 14b training 29 fund (hereinafter “local 14-14b training fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to the local 14-14b training fund by the employee at such times as are designated by the trustees. The local 14-l 4b training fund shall be administered jointly by trustees, one-half of whom shall be designated by local 14-14b and one-half by the employers, pursuant to an agreement and declaration of trust. Section 21. Consolidated stamp – payments to the local 14-14b pension fund, welfare fund, annuity voluntary fund, annuity fund, defense fund, union assessment, and training program shall be by the purchase of a consolidated stamp. Section 22. Industry advancement program fl of the building contractors association – commencing july i: l, 2006 all employers covered by this agreement shall con- r; tribute twenty (.20) cents for each hour of employment of ii engineers to the building contractors association industry 1 advancement program. All employer contributions to this program shall be remitted to the office of the welfare and pension funds which shall provide the employer with payroll reporting forms for such purpose. The office of the welfare and pension funds shall deliver all such contributions to the building contractors association industry advancement program located at 451 park avenue south, new york, new york l0016, after verifying that the amount of each such contribution has been correctly computed by the employer. 30 the building contractors association’s indushy advancement program shall reimburse the welfare and pension funds for all expenses incurred in receiving, recording, auditing, etc. , in connection with receipt and transmittal of these contributions. The monies shall not be commingled with the benefit funds of this union. The monies shall be remitted to the building contractors association’s industry advancement program office within fifteen (15) days after the end of each month. The indushy advancement program agrees to indemnify and to hold the union and the welfare and pension funds harmless from any and all claims, actions and proceedings arising out of the collection of said contributions. Section 23. The association shall be permitted to designate an employer trustee for the afore-described pension fund, welfare fund, annuity voluntary fund, annuity fund and such other jointly administered trust funds as may now or hereafter exist. Appropriate amendments shall be made as necessary to the governing agreements and declarations of trust to permit the seating of an association designated trustee. Article vii working conditions section i. Wages shall be paid weekly on the job before 4:00 p. M. On friday, said wages to be paid in cash, in envelopes upon the outside of which shall be plainly marked the employee’s name and number, the hours worked and the amount of money enclosed. At the 31 employer’s option, payment of wages may be made by check, said check to be a todd insured a. B. C. Check, or similar type check, which shall be delivered to the men at least one day preceding a banking day. If men are not paid as specified above, double time shall be paid for overtime between the hours of 4:00 p. M. And 6:00 p. M. , and single time for working time thereafter until paid, not exceeding fourteen (!4) hours, provided that the men report to and remain on the job during the said fourteen (14) hours. Section 2. Should the job be closed down on thursday or friday, for a legal holiday or for any other good or sufficient reasons, then pay time shall stop on tuesday of that calendar week at 4:00 p. M. And wages shall be paid on thursday or friday, respectively, of the same week. Section 3. If there is any change in the established pay day, a notice to that effect must be posted on the job by the employer, twenty-four (24) hours in advance of such change. Section 4. If discharged during the week for any reason, men shall be paid at once, in cash; if sent to the main office for pay, one hour additional shall be allowed. Section 5. When an employee is sent to work by his employer to a job where the fare to and from the said job by the customary means of travel exceeds one dollar and eighty cents ($!.80) per day, the employer shall pay the excess fare in addition to the contract wage. 32 section 6. Members of the international union of operating engineers, local 14, shall not give up or leave a situation without providing for a relief. Section 7. Engineers, while at work, shall be protected from falling missiles in accordance with u. S. Department of labor, o. S. H. A. – rule #1926.552-b-(4) and shall be given protection from the weather. An engineer shall not be required to operate a hoisting machine located in the basement of a building after the second floor slab has been concreted. Section 8. Neither party during the life of this agreement is to adopt by-laws or attempt to enforce any working rnle or regulation which is contrary to any of the clauses in this agreement. Neither shall either party attempt to enforce any working rules which have not been approved by the trade board. Section 9. Any union member, upon showing his membership card, shall be pennitted to seek employment on any job of any employer; where an employment office is not maintained on the job, the hiring agent of the employer shall be conveniently accessible to applicants at least once a day. Section io. When employers, parties to this agreement, do any work other than the type covered by this agreement, they shall conform to any applicable agreement that exists between an employing group and the international union of operating engineers, local 14. This also applies to foundations for buildings. 33 section 11. Master mechanic. (a) on one contract or job site, one (i) master mechanic shall be employed by the general contractor, owner, builder, owner-builder, construction manager, or any of its representatives when any four (4) local 14-14b engineers or a combination of five (5) operating engineers local 14 and 15, whichever comes first, are employed. In calculating the combination of five (5) engineers (14 and 15), a minimum of two (2) engineers from local 14 must be employed. If the above stipulated combinations of operating engineers, who are under the jurisdiction of local 14 and local 15 as set forth in this agreement are employed by a contractor, or any combination of contractors on the same job, a master mechanic must be employed by the general contractor, owner, builder, owner-builder, construction manager, or any of its representatives. The word “job” as used herein means a site and/or portion thereof upon which a planned improvement will be constmcted. (b) when conditions exist on a job site which require the employment of a master mechanic under the terms of the agreement, the employer shall employ a master mechanic on the second working day of the calendar week when the conditions requiring his employment arise. (c) overtime will be paid to the master mechanic when any one man under this agreement is receiving overtime, except as stipulated in paragraph ( d) below. The master mechanic shall be paid only for hours worked on the job site in accordance with the provisions of this agreement. The master mechanic will not receive compensation for any off site overtime, i. E. , travel time, work not directly performed by the master mechanic. 34 ( d) the master mechanic shall be paid the same overtime as is received by any one local 14 or local 15 rep- ; resented engineer on the job site who receives the most overtime in a given work day, whether or not the local 14 or local 15 represented engineer on the job site is employed by , a bca member; but in no event shall the master mechanic be paid for more than a total of twelve (12) straight-time and overtime hours in any work day, unless”in an emergency and at the request of the employer. (e) the master mechanic shall be the local 14- ~ represented engineer who is employed to cover extra lifts as f well as a compressor up to 250 cubic feet. “extra lift” ‘1 means that the master mechanic shall be the second operaij tor required whenever a crane or dettick utilized to erect ~ structural steel on a building site is used to lift objects or , ii materials for a contractor other than the contractor by whom k~ the operator is employed. The parties agree that the master h jl mechanic cannot cover the extra lifts at the same time that ij he covers a compressor; however, if, for example, the extra ll lifts are required in the morning and the compressor must be ll ff covered in the afternoon, the master mechanic shall perf01m ~ both tasks. I! (t) the master mechanic shall not be paid, r, regardless of whether any local 14 engineer on the job site ll is paid, whenever the employer jumps its hoists. It . , (g) on a job where operating engineers under the supervision of the master mechanic work in excess of twenty (20) hours per day for a duration of more than one (i) week, and that schedule shall continue for a substantial period of time, a meeting shall be held to discuss the duration of the project and to determine whether a second master 35 mechanic shall be employed. The second master mechanic, mechanic shall be involved in all safety meetings and proif employed, shall work and be compensated for the hours of cedures that involve the safety of operating engineers. On employment of operating engineers not covered by the first jobs requiring a master mechanic, a pre-job conference will master mechanic. A second master mechanic, if employed, be held, at which time the union shall designate the master shall be paid double time rates for not less than seven (7) mechanic, subject to the approval of the contractors. Hours in accordance with the provisions of this agreement. (j) it is farther agreed that there will be only one (h) where a master mechanic is employed by the (i) master mechanic employed by the general contractor, general contractor, owner, builder, or owner-builder, con- 1 owner, builder, owner-builder, construction manager or any struction manager, or any of its representatives resulting ; of its representatives per job site. The employer recognizes from the combinations stipulated in paragraph (a), above, } that any and all local 14-14b and local 15 members j ~~: e: : i! ~~g b~ 01 ; i~ti~~r: e~~=: t : ~~~: n~~~~a: : j~~~ ~; j : ~: ~~~~ ~: u: t j~e~a: ~~es: i~f c; ~i: t ~~: ~~ts t1; ~e1~a: : : ; engineers employed. Regardless of the type of work being performed, i. E. , heavy (i) the master mechanic shall be designated by g construction, steel erection, mason contractors, etc. , the union, subject to the approval of the general contractor, 1 ‘ except as stipulated below. Owner, builder, owner-builder, constrnction manager or any 1 1 1 (k) certain conditions shall be recognized of its representatives and will be responsible for the per- i in determining whether a master mechanic will be formances of their duties by the engineers, maintenance i employed: engineers, junior engineers, firemen, apprentice ~ ” only the first engineer on each dual rack and pinengineers and oilers. He shall operate a machine in emer- tl ion hoist (one or two car hoist towers) shall count gencies only and then only until such time as the services of u towards the master mechanic trigger. On inside an operating engineer can be obtained. The master fi house elevators, only the first, third and fifth, etc. Mechanic shall have administrative responsibility for all fl elevators shall count towards the master operating engineers employed on a job site and he shall be p mechanic trigger. Responsible for their performance, whether employed by the fr employer or its subcontractors. The master mechanic shall /: make work assignments as directed by the employer and be f responsible, at the request of the employer, to coordinate the ” movement and hoisting of all building materials and equipment. The master mechanic shall operate equipment in emergencies and use tools when necessmy. The master 36 members of local 15 d shall not count towards the master mechanic. Trainees shall not count towards the master mechanic. Oilers/maintenance engineers shall not count towards the master mechanic. 37 section 12. On tower climbing cranes, the on all multiple manned equipment, only one (i) man, the operator shall count towards the master mechanic. )-: , ‘ engineer shall be hired on the first clay that erection of the i equipment begins. In the disma_ntling ~f the equipment, _he ~ shall be employed until power 1s termmatecl on the eqmp- : ; ment. He then shall receive one week’s wages from that on temporary heat, only one (i) local 15 engineer shall count towards the master mechanic no matter how many are employed to maintain temporary heat, regardless of the number of shifts. Regarding well points and deep wells, only one (i) engineer on such system(s) on a job site shall count towards the master mechanic, regardless of the number of shifts. Date, he shall operate any auxiliary equipment necessar)_’ to dismantle the tower climbing crane. There shall be no hmi itation on the direct placement of concrete with tower i climbing cranes. Engineer(s) manning electric sump pumps shall not count towards the master mechanic. I i ~ ~ h ti a relief engineer/utility engineer (local 14) i assigned to a job who covers more than one (i) rig ~ shall count towards the master mechanic. F (i) if two (2) or more employers subject ti to this agreement, or any other agreement with local 14- ] 14b, employ operating engineers on a single job site, and 11 the total number of operating engineers on the job is four or fl m more, the wages and benefits of the master mechanic ~ assigned to the site shall be apportioned among the i employers on the site who employ engineers in proportion j1 to the number of engineers each employs. However, only i,1, the employer (or employers) who generate(s) overtime for f the master mechanic will be responsible for the payment of (‘ all overtime wages and benefits. If any employer subject to ! This provision refuses to compensate the employer on whose payroll the master mechanic is maintained, the union shall withhold services from that employer. 38 section 13, when the headpiece on a hoist or the outrigger for a lumber hoist is jumped after regular working hours, the engineer shall receive one (i) hour’s pay at the double time rate. Section 14. When a hoisting engine is located above the twelfth (12th) floor, the engineer shall receive an additional one (i) hour’s pay at straight time. Section 15. All employees shall comply with all general conditions pertaining on the job site and all safety policies (including use of safety equipment) adopted by the employer and as called for by osha, or any government agency. Violation of this section, or any form of intoxication, or the use or possession of any intoxicant or illegal drug, shall result in immediate dismissal of the employee (s) involved. Section 16. Insurance – the employer shall provide insurance in the amount of at least $!00,000/$300,000 to protect employees covered by this 39 j\greement from personal and public liability resulting from l11s employment other than actions of an employee of the same employer. Sec! Ion 17. Each employer shall indemnify its ~mployees agamst any personal liability and/or legal fees 111~1′. N-ed in defending against claims for personal liability ansmg out of the employees’ work specifically assigned by gal or should any clause or part of this agreement be found contra1y to present or future law, it shall not invalidate the other portions of this agreement, it being the sole intent and purpose of this agreement to promote peace and harmony in the craft along lawful lines. Article ix the employer provided the negligence of the employee did trade and jurisdictional disputes l not contribute in any way to personal liability. I i section 1. Disputes between trades and dissection 18. Binding subcontractors and other ~ putes relative to questions of jurisdiction of trades shall be firms. The terms, covenants and conditions of this agreement shall be binding upon all subcontractors at the , ~ adjusted in accordance with the method set forth in the joint j1 arbitration plan of the new york building trades as adoptsite to whom the employer may have sublet all or part of t ed on july 9, 1903, and amended on april 22, 1905, and all any contract entered into by the employer. Il do1cisions rendered thereunder or by the referee, determinthe employer stipulates th t ti , ing disputes arising out of the conflicting jurisdictional b~tilding construction work within t~e at: : i; : ~ ec: g; e~-~~g ~~ i claims of the various trades shall be recognized by and bindthis agreement in which it has or acquires a financial inter- ft. Ing upon the parties thereto, except to the extent that section est or any successor in interest shall b b d b ii 1 3 of said joint arbitration plan requires the employer to ‘ , e oun y a t 1e ll i b terms and conditions of this agreement. ~ employ on y mem ers of the union directly or indirectly fl through subcontractors or otherwise, providing however, section 19. Where one (i) hoist/elevator is l! That nothing herein is intended to preclude the employers available for constrnction material, one assigned to that hoist/elevator and ti (i) engineer shall be ~ from executing a union security agreement with the union t e i ii 1 1a sngmeer s in accordance with provisions of section s(a) (3) of the taftate the equipment for any contractor party to an agreement 1a oper- tl hartley act. With local 14 and their subcontractors. Fl ‘if (i article viii validity section i. If the courts should decide that any 1 clause or part of this agreement is unconstitutional or ille40 articlex trade boards section 1. All complaints, disputes and differences arising under this agreement, between any and all of 41 j the trade associations and the union, or between any employer or employee, shall be refen-ed first to the trade board. Should the board fail to reach a decision, the matter shall then be referred to an umpire, as set forth in section 2 of this article x. The trade board and the impartial umpire are hereby empowered to hear, adjust and decide the matter at issue and a decision by any one of these trade agencies shall be final and binding on all parties. ,. ,. Section 3. Any penalties which may result from such findings or decisions are to be determined and imposed by the association or union, as the case may be, to which the member affected may belong. Any employer member of a trade board directly involved in any case brought before this board shall withdraw from the board until the case is settled, and an alternate shall be selected by the remaining employer members section 2. Within three (3) weeks of the execution of this agreement, the building contractors association, together with the union, shall form a trade board to exercise the powers enumerated in this article. The board shall be known by the following title: i i to fill the temporary vacancy. 1 any union member of a trade board directly j involved in any case brought before this board shall with- . ~ draw from the board until the case is settled, and an alteri nate shall be selected by the remaining union members to j fill the temporary vacancy. Building contractors asso’ciation trade board it section 4. The trade association will pro- , ; , : ; : ; vide the union with a list of its members who designated the ; each trade board shall consist of members as ~ 1 designated by the building contractors association to rep- ~. I resent the employers and an equal number as designated by 0 the union to represent the union. Members shall be , , : i appointed or selected to serve not less than one (i) year. Any f board shall meet within forty-eight (48) hours after a writ- i ten request has been made to one side by the other to meet ~-. ~. For a specific purpose. , ; in voting, the employers as such, and the union d as such, shall each cast an equal m1mber of votes and, in the ~. :1 .. _: .. Event of a tie vote, or failure to reach a decision, the matter ! ‘ shall be submitted, within ten (10) days to an impartial , , umpire. Any and all expenses shall be equally divided between and paid for by the parties to this agreement. 42 trade association as its bargaining agent, and who have agreed to be bound by the terms and conditions of this collective bargaining agreement. In addition, the trade association will notify the union of any changes in membership, either by addition of new members or the dropping of members during this agreement. It is further agreed that all employer members of the trade association are bound by this collective bargaining agreement and entitled to its benefits until its termination date whether or not they retain their membership in the trade association for the full period of this agreement. 43 articlexl duratloo 1 section 1. The terms of this agreement, as modified, shall be effective and retroactive for the period j ! Commencing july i, 2006 and continuing through june 30, 2011, unless changed by agreement between the parties. No 1 j change shall be made prior to june 30, 2011, and not then , unless written notice asking that changes be considered is given by one party to another on or before march 31, 2011, i ~: ; : : : : : ; : : : ~arti” ro thfa a=me, t fuet , n desired ; , changes to the agreement will be exchanged sixty (60) days prior to the expiration date of this agreement, providing it is i . Agreed that a proposed contract change after that date may be proposed. J 44 i i, i i j i ‘ i fl i j ! I article xii effectuating clause the parties hereto hereby made and enter into this agreement, in witness whereof we, their duly authorized empowered representatives have hereunto set our hand and seals this july i, 2006. In witness thereof the parties hereto have caused these presents to be signed by their duly authorized representatives as of the first clay of july, 2006. Building contractors association by: paul o’brien, managing director by: allan paull, chairman, labor relations committee international union of operating engineers, local 14-14b, afl-cio by: edwin l. Christian, president & business manager by: daniel noesges, financial secretary by: christopher t. Confrey, recording-corresponding secretary 45 memorandum of agreement between the contractors’ association of greater new york, inc. , and the building contractors association of new york, inc. And international union of operating engineers local 14-14b, afl-cio the contractors’ association of greater new york, inc. (“cagny”) on behalf of its members, and the building contractors association of new york, inc. (“bca”) on behalf of its members (collectively, the “employers”), and the international union of operating engineers local 14-14b (“local 14”) recently concluded negotiations for a new collective bargaining agreement to take effect on july 1, 20n (“agreement”). In the course of these negotiations, cagny, the bca and local 14 agree as follows: 1. Terms of the collective bargaining: agreement in place: except as modified below, the collective bargaining agreement in place between cagny and local 14 and the collective bargaining agreement in place between the bca and local 14, both from july 1, 2006 through june 30, 2011, shall be incorporated into new collective bargaining agreements which will be in effect from july 1, 2011 through june 30, 2014. 2. Lead engineer/working steward (under $500,000.000): for jobs which have not been awarded to an employer as of july 1, 2011, when an employer is engaged in superstructure work and is operating one or more material/personnel hoists or inside cars, local 14 shall assign a lead engineer/working steward, subject to the approval of the employer, to operate one of the hoists the employer is operating on the project, provided that: the total gross cost of construction, including the cost of excavation and foundation work, is $150,000,000 or more and is less than $500,000,000; or the project involves the construction of a structure that is 156,000 square feet or more but is less than 300,000 square feet; and five or more local 14-and local 15-represented engineers are working on the project, provided at least two of the engineers are local 14-rcpresented engineers; when fewer than five engineers (or two local 14 engineers) are working on the project, no local 14 hoist operator shall be paid as a lead engineer/working steward. 3. Lead engineer/working steward (s500. Ooo. Ooo or more}: for jobs which ha, e not been awarded to an employer as of , july 1, 2011, local 14 shall assign a local 14-represcnted lead engineer/working steward, subject to the employer’s approval, to work on projects where the total gross cost of construction is $500,000,000 or more, and the conditions 4r43-6:. !69-7-4r1.1 set out in paragraph 1 above are satisfied. Prior to submitting their bids on such projects, interested employers shall individually or collectively meet with local 14 to discuss an appropriate work assignment for the lead engineer/working steward on such projects. When that role is identified by the parties, it shall be communicated to all interested employers before they submit their bids. 4. Wa2: e for lead engineer/working steward: the lead engineer/working steward shall be paid $63.00 per hour. When a crane or any other. Local 14 or 15 manned equipment is operating (except as excluded by current terms) is in operation for all or part of a day, hours worked in excess of eight (8) and fewer than thirteen (13) shall be paid at double time. No work in excess of twelve ( 12) hours shall be worked in one day. When the number of engineers on a project exclusive of the lead engineer/working steward falls below five (5) engineers (combination of local 14 and local 15), the employer shall not be required to employ a lead engineer/working steward. 5- rack & pinion/inside car wages: as of july 1, 2011, the wage rate for engineers operating “rack & pinion, ” including all outside hoists (except for the “4-pole hoist, ” single drum hoists”) shall be $51.22 per hour. The wage rate for engineers operating “house cars, ” including all inside cars, shall be $41.00 per hour. There shall be no wage/benefit increases for engineers in these categories of “house cars” or “rack and pinion” for the term of this agreement. 6. Overtime rate for hoisting engineers: engineers who operate rack & pinion or inside cars shall work an eight hour day and shall be paid at the rate of time and one-half for all hours in excess of eight hours in a day; provided, however, contributions to the local 14 fringe benefits funds shall continue to be made as if overtime v11as paid at a double time rate. 7- wages/benefits: all classifications except rack & pinion and inside cars: subject to paragraph 5 above, the employer shall increase \vages/benefits in effect on , june 30, 2011 for all wage classifications referred to in the “local 14 wage scale, ” (except engineers operating “outside hoists” and “inside cars”) by 3% on july 1, 2011; 3% (non-compounded) on july i, 2012; and 3% (non-compounded) on july 1, 2013. Local 14 will inform the employers as soon as practicable how the increases will be allocated. 8. Settlement: the parties agree conceptually that the employer must hire an engineer(s) to operate any inside car under its care, custody, and control and dedicated to its exclusive use; and also hire an engineer(s) to operate an inside car(s) primarily used by the employer for the transportation of construction materials/equipment and construction personnel and under the care, custody, and control of the employer, provided that car(s) is not otherwise operated by a person(s) employed by the building owner/manager. The parties hereby establish a committee of eight (8) persons, four (4) designated by local 14 and four (4) designated by the bca and cagny, to draft language for both the bca and cagny that implements the conceptual agreements reached by the parties. 4845-6269-7-181.1 9. Nllfili. : the parties agree to delete all references to the new york plan for the settlement of jurisdictional disputes and to substitute in its place a mutually agreed upon sideletter lhat addresses the resolution of jurisdictional disputes involving local 14 ( a proposed sideletter is attached hereto). 10. Drug testing: effective july 1, 2011, the parties agree to administer a mutually acceptable drug testing procedure at the employer’s expense when required by an owner or developer. 11. Ratification: this agreement is subject to ratification. Agreed to on behalf of the contractors’ association of greater new york, inc. By: ~-. P~-n~ raymon g. Mcguire, managing director 6/. F, , /t; dal: e -, – agreed to on behalf of the building contractors association of new york, inc. ~, / . 1 > , , . /) -1 – bv: ~-… T1: f 4 / ti 7 “l-______: paul o’bril: : ))’; managing director agreed to on behalf of the international ijnion of operating engineers local 14-14b, afl-cio /~t/)r –( . _n ‘-~ nristian, president & business manager agreed to on behalf of the international union of operating engineers local 14-14b, afl-c! O . , / ‘, /7z christopher confrey, … J2; recording corresponding secretary -1-8.. I5-6:. !6g. -7.48-1.1 3 o jc/; , —j )v-! R date 6’ – 30// date t(-3o-// date memorandum of agreement between the building contractors associa t! On and international union of operating engineers, local 14-148, afl-c! O the building contractors association of new york on behalf of its members (the employer(s)) and the international union of operating engineers, local 14-148 )”local 14″) recently concluded negotiations for a new collective bargaining agreement to take effect on july 1, 2014 {” agreement”) in the course of these negotiations, bca and local 14 agree as follows: 1, terms of the 2014- 2017 collectne bargaining agreement: the terms of this memorandum of agreement (“moa”} shall be incorporated into a new collective bargaining agreement which will be in effect from july 1, 2014 through june 30, 2017; and shall replace the terms of the 2011 – 2014 memorandum of agreement except as specifically modified by the terms set forth in this moa, the collective bargaining agreement in place between bca and local 14 shall remain unchanged. 2. Lead engineer/working steward (200.000 to 400.000 square feet\: for jobs which are awarded to an employer on or after july 1, 2014, when an employer is engaged in superstructure work and is operating one or more material/personnel hoists or inside car, local 14 shall designate and assign a lead engineer/working steward, subject to the approval of the employer. To operate one of the hoists or cars the employer is operating on the project, provided that: the project involves the construction of a structure that is 200,000 square feet or more and is 400,000 square feet or less, and five or more local 14 and local 15 represented engineers are working on the project. Provided at least two of the engineers are locaf 14-represented engineers; when fewer than five engineers ( or two local 14 engineers) are working on the project, no local 14 represented hoist operator shall be paid as a lead engineer/working steward. 3. Lead engineer/working steward {401,000 to 775.000 square feet\; for jobs which are awarded to an employer on or after july 1, 2014, local 14 shall designate and assign a local 14-represented lead engineer/working steward, subject to the employer’s approval, to work on projects that involve the construction of a structure that is 401,000 square feet or more, but less than 775,000 square feet. Prior to submitting their bids on such projects, interested employers shall individually or collectively meet with local 14 to discuss an appropriate work assignment for the lead engineer/working steward on these projects. When that role is identified by the parties, ii sha! I be communicated to all interested employers before they submit their bids. The responsibilities of the lead engineer/working steward assigned to a particular project under this paragraph 3 shall have the same responsibilities as those assigned to a master , , , , — i , ,. , -_-. (>- \ ‘, -, ‘ cf///! Qtf) ~\1echanfr pul”s””; jant to section 1; of the. Agreement. Jn addit]on: tht- l… Ead enginee: r/\. -\forking stev; a; -d assigned to a pardcular project shall noi be 1aid off from that project after he/she hegin$ his/her a. _. Ajgnmen’f (regard]0.. C% of tht avafi. Ability of a specific job) until there are fewer than five loca1 14 and lo(! Zti 15 engjnee: rs \vcrking on the project. 4. 1iasie1 mechanic (lauiti-bu. : hding and 1\? E2<1 prciects): fo: r jobs ir: e;. : -cesf of 775: c0: c sqnar-e feet: and on large, n: njjt’.. Buijding projects er “mega (e. G. , the v, forld tn<le center, hudson yards, brookfieid’o manhattan 1n1llets point redevelopment, l>jrport terminal projects and similar projectl’) local 14 shall designate and assign a master mechanic to sue..12 project, pursuant to section n of the agreemen1. 5 wage for lead engineer/vvorldng steward! Master mechanic: tbe lead engineer/working steward/master mechanic sh, ji be. Paid $68.47 pe; hour, in addition to increases set forth in paragraph 8 of this ! V1oa. \vhen a crane or a: other local 14 or ;5 mann! ? ‘. Cl equipment (e. Xcept as excluded by current terms) in operation for all or part of a day, hours worked in excp. -ss ofeight (8} and fewer than thirteen (13) shall be daid at double ti. Me. G”‘lo work in e. Xc-. Ess of twelve hours shall bi’ worked in on” day. Unless tbe employer or another manager/general contractor employing local 14 or local 15-represented engineer7 on a _partic: :11ar pro~e-. (! ~ requests the ~d. ~ngin~rjwor~n(i: steward(m. Aster mechanic to work m ezcess of twelve l12j nours in one nav. \-\rhen tbe number c. F engineers on a project exclusive of the le; ; i’j engineer/vl”orking steward/m. Aster mechanic falls below five (5) engineers (combination of local 14 and local 15), tbe emp1oyer shail not be required to employ a lead engineer/working steward/master mechanic. 6. Rack & pinion/lns: ide car wages: engineers operating “rack & pinion” and house cars, including all j ns: ide cars, shall receive the same percentage increase as received by other local 14-represented engineers covered by this agreement. 7. Overtime rate for hoisting engineers: engineers who operate rack & pinion or inside cars, including all house cars, shall work an eight hour day and shall be p! ! Id at the rate of time and one–half for all hours in excess of eight hours in a day; provided however, contributions to the loca1 14 fringe benefits fund shall continue to be made as if overtime was paid at a double time rate. 8. Vvages/benefits: for all classifications: all local 14-represeni: ed engineers covered by the agreement shall reeer. Re the following increases (all calculated on the 2014 base) in the following contract years. July l, 201.4 – 3% july l, 2015 – 3% july 1, 2016 – 3% all increases are based on the total wage and benefit package, non-compounded for each of the three contract years. The percentage increase shall be allocated to , , , ; ; ; -/_-, ‘~ c ,. ,. -; —-, y 9. The wage rate or fringe benefit funds at the discretion of local 14. No local 14 represented engineer shall have his/her wages reduced, nor his/her current job conditions modified as a result of this moa. Al tera l]on : the parties agree that the employer must hire an engineer(s) to operate any inside car underits care, custody and control and dedicated to its exclusive use; and also hire an engineer(s) to operate an inside car(s) primarily used by the employer for the transportation of construction materials/equipment and construction personnel and under the care, custody and control of the employer, provided that car(s) is not otherwise operated by a person(s) employed by the buifding owner/manager. The parties hereby agree to establish a committee of 8 persons, 4 designated by local 14 and 4 designated by the bca to draft language that implements the agreements reached by the parties. 10. Drug testing : where required, the parties agree to establish a mutually acceptable drug protocol for members of local 14 working for any contractor who is a member of the bca. 11. Target committee : residential/hospitality: the bca and local 14-14b and local 15, 15a, 15d, have agreed to form a standing committee of three union and three association representatives to-begin meeting no later than october 1 2014, to bargain appropriate strategies including possible market specific modifications to applicable wage and fringe benefit rates, reasonably necessary for bca member employer to better compete for jobs in the low union density parts of the hospitality and residential sectors. 12. Recruitment of disabled veterans : the parties shall cooperate in the recruitment and training veterans who have suffered disabling injuries in recent foreign conflicts to operate inside cars as local 14 represented engineers on projects involving alteration work or tenant-build outs. 13. Forms: subject to a local 14-approved resen1ation of collective bargaining rights provision in each form, engineers shall sign appropriate forms required by the employer or by the new york/federal law and routinely signed by other union-represented employees. 14. Earned sick time waiver: the union expressly waives any right to paid sick leave for the employees covered by this __ agreemerit as set forth in any legislation enacted by the city of new york. . , , ”’, ‘\ “, ”\\ <‘l; ; ~ , ” _, r, 15. New york plan: the parties agree to delete al! Reference to the new york plan for the settlement of jurisdictional disputes andto substitute in its place a mutually agreed upon side! Etter that addresses the resolution of jurisdictional disputes involving local 14 (a proposed sideletter is attached hereto). The parties agree on three individuals to act as umpires, to act on a rotating basis, or ali disputes arising out of this contract -/, tjfl 16, ratification: this agreement is subject to ratification by the local 14 membership_ agreed to on behalf of the building contractors association by: 1) /: ~—_/-~’. )<l_/44s—-~ paul;6; brien, managing director agreed to on behalf of the international union of operating engineers local 14-148, afl-cio fc: . ~ {- byi_ ‘ ‘ i l !.. , , – .. Edwin christian, business manager by: ( .. L ‘–= 72 2 , z” christopher confrey, president ‘- ,. -~- by: ->”-, ‘~, — john powe~ecording corresponding secretary ” / \/la :1 ()rz1 , i – dated v -, ; /~–“f /. ~ . – / _/ / “, (, , _1/ dated 7 7. ,… ,. Y dated ~~\\.. ‘-, _ dated ‘ memorandum of agreement between the building contractors association and international union of operating engineers, local 14-14b, afl-cio the building contractors association of new york on behalf of its designated members (the employer(s)) and the international union of operating engineers, local 14-14b (“local 14”) recently concluded negotiations for a new collective bargaining agreement to take effect on july 1, 2017 in the course of these negotiations, bca and local 14 agree as follows: this moa applies exclusively to paying agents to non-signatory gc/cm 1. Terms of the 2017-2020 collective bargaining agreement: the terms of this memorandum of agreement (“moa”) shall be incorporated into a new collective bargaining agreement which will be in effect from july 1, 2017 thru june 30, 2020; and shall also include the terms of the 2011 -2014 collective bargaining agreement and the 2014 -2017 memorandum of agreement. 2. Terms paying agents for non-signatory contractors only. 3 years, 3% increase per year, non-compounded. 3. Dispute resolution 3 stages a local 14 representative and the bca contractor will meet on-site. Official notification to the union will be made in writing. Upon agreement of all parties, resolution of dispute. 1. Delinquencies parties agree to establish a bonding program in the event of consistent benefit delinquencies. 2. Ratification: this agreement is subject to ratification by the local 14 membership. Agreed to on behalf of the building contractors association /j by: / . . ……. John f. O’hare, managing director agreed to on behalf of the international union of operating engineers local 14-14b, afl-cio edwin christian, business manager john power\, cordinb-eorresponding secretry date: /4 /2 c. , 7 ? ‘/ 7 date: memorandum of agreement between the building contractors association and international union of operating engineers, local 14-14b, afl .. Cio the building contractors association of new york on behalf of its members (the employer) and the international union of operating engineers, local 14-14b (“local 14”) recently concluded negotiations for a new collective bargaining agreement to take effect on july 1, 2017. In the course of these negotiations, bca and local 14 agree as follows: 1. This memorandum of agreement shall solely apply to members of the bca who have authorized the bca to negotiate on their behalf with local 14-14b. 2. All terms and conditions of any projects currently underway shall remain in full force and effect in their entirety and through completion of the project. Engineers employed on such projects shall not be displaced. 3. Terms of 2017-2020 collective bargaining agreement: the terms of this memorandum of agreement shall be incorporated into a new collective bargaining agreement which will be in effect from july 1, 2017 through june 30, 2020, and shall also include the terms of the 2006-2011 collective bargaining agreement and the 2014-2017 memorandum of agreement. 4. Wages/benefits: for all classifications: all local 14 represented operating engineers covered by the agreement shall receive the following increases (all calculated on the 2017 base) in the following contract years: july 1, 2017 – 3% july 1, 2018 – 3% july 1, 2019 – 3% 1 \: \ , , / j! } __ /<; c: ) “~-~~m—~/ all increases are based on the total wage and benefit package, non-compounded for each of the three contract years. The percentage increase shall be allocated to the wage rate or fringe benefit funds at the discretion of local 14. No local 14 represented operating engineer shall have his/her wages reduced, nor his/her current job conditions modified as a result of this moa. 5. Residential/hospitality & interior tenant buildout and alteration work not currently described as “new construction”: actual investigation has established that during the past years, many millions of dollars of residential/hospitality work under the union’s jurisdiction has been lost to non-unionism, resulting in lost wages and benefits to the union membership. Continued investigation indicates that this trend is expanding. The union in its continuing fight against non-unionism in any and every manner, seeks to protect its membership, its jurisdiction, expand work opportunities and assure job safety for its members. The employer and union endeavoring to maintain current and future wage and fringe benefits, work opportunities, the jurisdiction of the union and job safety agree that it is necessary to be more competitive in residential/hospitality & interior tenant buildout and alteration work not currently described as “new construction” work. Therefore, effective july 1, 2017 residential/hospitality & interior tenant buildout and alteration work not currently described as “new construction” work shall be performed under the following conditions: 5(a). There shall be a 20% reduction to the wage and benefit package for rack & pinion and interior house car operators in effect as of june 30, 2017. The wage and benefit package for rack & pinion and interior house car operators shall be frozen at this reduced rate through june 30, 2018 and subject to the 3% raises on july 1, 2018 and july 1, 2019. 5(b). For rack and pinion and house car operators: time and one half (1- 1/2) wages shall be paid for all work performed in excess of eight (8) hours 2 \ ‘, \ ~ per day and for all work performed in excess of forty (40) hours per week and all work performed on saturdays and sundays. Overtime will be paid for the lunch period, when worked. 5(c). For rack and pinion and house car operators: fringe benefit contributions will be paid at the straight time rate of contribution for all hours worked with the exception of annuity, annuity voluntary and welfare which will be paid at the rate of time and one-half during overtime work on hours paid. 5(d). On projects beginning as of july 1,2017, on one contract or job site, one (1) lead engineer/working steward shall be employed by the general contractor, owner, builder, owner-builder, construction manager, or any of its representatives when any eight (8) local 14-148 operating engineers or a combination of eight (8) operating engineers local 14 and 15, whichever comes first, are employed. 5(e). Employers shall individually or collectively meet with local 14 to discuss an appropriate work assignment for the lead engineer/working steward on these projects. 5(f). Whereas any signatory contractor employing a member of local 14-148 who is operating a rack and pinion and/or house car will cover any additional fireproofing of new steel on that project. 5(g). These provisions shall be applicable to projects bid after july 1, 2017. This section 5 is solely an amendment to the collective bargaining agreement between local 14-148 and the bca. All terms and conditions of the collective bargaining agreement are applicable hereto and are in full force and effect therein, except as expressly modified by the terms of this section 5. 3 6. Ratification : this agreement is subject to ratification by the local 14 membership. Agreed to on behalf of the building contra tors association agreed to on behalf of the international union of operating engineers local 14-148, afl-cio by: hl ~~. ? ___ . L_~-edwin christian, business manager ~~. By: 4 dated 6-d’t7 . / .1′ dated / — – – – _q. , -. ). ) \ \ .. Dated memorandum of agreement between the building contractors association and international union of operating engineers, local 14-148, afl-cio the building contractors association of new york on behalf of its members (the employer) and the international union of operating engineers, local 14-148 (“local 14″) recently concluded negotiations for a new collective bargaining agreement to take effect on july 1, 2020. In the course of these negotiations, bca and local 14 agree as follows: 1. This memorandum of agreement shall solely apply to members of the bca who have authorized the bca to negotiate on their behalf with local 14-148. 2. All terms and conditions of any projects currently underway shall remain in full force and effect in thelr entirety and through completion of the project. Engineers employed on such projects shall not be displaced. 3. Terms of 2020-2023 collective bargaining agreement: the terms of this memorandum of agreement shall be incorporated into a new collective bargaining agreement which will be in effect from july 1, 2020 through june 30, 2023, and shall also include the terms of the 2006- 201 i collective bargaining agreement, the 2014-2017 memorandum of agreement and the 2017-2020 memorandum of agreement. 4. Wages/benefits: for all classifications: all local 14 represented operating engineers covered by the agreement shall receive the following increases (all calculated on the 2020 base) in the following contract years: july 1, 2020 – 0% with the exception of crane operators, 3%. July 1, 2021 – 3% july 1, 2022 – 3% 1 all increases are based on the total wage and benefit package, non-compounded for each of the three contract years. The percentage increase shall be allocated to the wage rate or fringe benefit funds at the discretion of local 14. No local 14 represented operating engineer shall have his/her wages reduced, nor his/her current job conditions modified as a result of this moa. 5. Exchange of holidays: the bca and local 14-148 agree to a change in holidays. Lincoln’s birthday will be removed as a holiday and martin luther king, jr. Day will be instituted as a paid holiday. All other holidays remain the same. 6. This agreement is subject to ratification by the local 14 membership. Agreed to on behalf the building contractors association i tj . — ~, managing director agreed on behalf of the international union of opera ting engineers local 14r14b, afl-cio by ( j~ ~a ——, , – edwl11 christian, business manager — (,. 3to ” : /. T<? ; jj: ) dated dated corresponding secretary dated 2 i memofmndum 01: agheement between the buil. Ding contractohs association and international union of operating engineers, local 14-148, afl-cio tho building contractors association of new york on behalf of its members (the employer) and the lnternatlonal union of operating engineers, local 14-148 (“local 14″) recently concluded negotiations for a new collective bargaining agreemento take effect on july 1, 2023. In the course of these negotiations, bca and local 14 agree as follows: 1. This memorandum of agreement shall solely apply to members of the bca who have authorized tho bca to negotiate on their behalf with local 14-148. 2. All terms and conditions of any projects currently undeiway shall remain in full force and effect in their entirety and through completion of the project. Engineers employed on such projects shall not be displaced. 3. Terms of 2023-2026 colle: ctive bargaining agreement: the terms of this memorandum of agreement shall be incorporated into a new collective bargaining agreement which wlll be in effect from july 1, 2023 through june 30, 2026, and shall also include the terms of the 2006-2011 collective bargaining agreement, and tho 2011- 2014, 2014 .. 2017, 2017-2020, and 2020-2023 memorandums of agreement 4. Wages/benefits: for all classifications: all local 14 represented operating engineers covered by the agreement shall receive tho following increases (all calculated on the 2023 base) in the following contract years: july 1, 2023 2.5 % (local ’14 crone operators), $1.00 per hour for all other employeos under tho bca agreement july 1, 2024 2.5 % (local 14 crane operators), $’1.00 per hour for all other employees under lhe bca agreement july 1, 2025 – 2. Ii % (local 14 crane operators), $1.00 por hour for all other employees under the 13ca agreement /\ii increases are bused on tho total wage und benefit package, non .. Compouncled for eacil of the three contract years. The percentage incrouso shall be allocated to the wage ,. ; ~'”4$)~0\ thodlsonllo: o\ lo~\ 14. No l; : r: m; ; ;7~ engineer shall have his/her wages reduced, nor his/her current job conditions modified as a result of this moa. 5. Ammend holiday section to: all employees covered by this agreement shall receive eight (8) hours’ pay at the double time rate and the double time fringe if the said above-mentioned holiday is worked. If the employee works four (4) days in the payroll week for a single employer and he or she does not work the said holiday, the employee shall receive eight (8) hours straight time pay and eight-hour (8} holiday stamp. There will be no benefit fund contributions on the annuity, vacation, voluntary annuity, apprentice and/or training funds, medical re-lmbursement, pac, defense fund or lmct funds. Said member will receive a holiday stamp, which shall include welfare, pension and supplemental dues only. When a member covered by this agreement is employed in a payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hotrr holiday prorated stamp for each date worked in a payroll week (i. E. : one day – two (2} hours, two days – four hours, three days – six hours, four days – eight hours). During the week of thanksgiving/day after thanksgiving holidays if both holidays are not worked, employees that work one day in the payroll week shall receive 6 hours of holiday pay and ! Iva hours or holiday pay for each additional day worked that week, not to exceed 16-hours of holiday pay” any of the aforementioned holidays that fall on a saturday will be observed in accordance with the new york state general construction law article 2, section 24. When the holiday is worked and the operating engineer is unable to work then only the replacement operating engineer receives the hollday pay. 6. Ny state paid sick loavo- lncorporate 196 language into cba local 14~148 and local 15-15a waives any right or entitlement for paid sick leave that may be provided by any city, slate or federal law or regulation. The unions acknowledge ille provisions of the new york sick leave act (labor law sec.196-b) and further acknowledges that employees covered under this agreement receive comparable benefits in lieu of the sick leave through the sigm1tory employer’s contributions to the vacation fund and/or annuity voluntary fund on behalf of employees. The unions waive the provisions of the new york city earned safe and sick time act pursuant to nyc admin. Code section 20-916(a) and acknowledges that employees covered under this agreement receive comparable benefits in the forrf lt lhe signatory employer’s ilribuuo(1! T; ; fund rjndlor ~nnully volun~, : i~: d on bel1nl;7loyees. 7. Nys wage thoft it is the intent of the parties to waive the labor law section 190-e, pursuant to labor law section 198-e (10). 8. This is solely an amendment to the collective bargaining agreement between loc-<1i 14- 148 and lhe bca. All terms and conditions of the colfeclive bargaining agreemenl me applicable hereto and are in full force and effect therein, xcept as expressly modified by iha terms of this agreement 9. Ratification: this agreement is subject to raufication by the local 14 membership agreed to on behalf of the : : : lding contr~sociation -~~. Managing rnreclo, by: michael varrone, bca labor committee chairperson dated agreed to on behalf of the international union of opera ting engineers local 14,148, afl-c! O \ 3
