Contractors' Association of Greater New York, Inc.

This AGREEMENT, dated as of July 1, 2006

between

BUILDING CONTRACTORS ASSOCIATION

Party of the First Part, hereinafter

referred to as the EMPLOYER

and

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 14-14B

Party of the Second Part, hereinafter

referred to as the UNION

shall be in full force and effect for the period from July 1, 2006 to June 30, 2011

MOA attached to the back of the Agreement 7/1/17-6/30/2020

MOA attached to the back of the Agreement 7/1/20-6/30/2023

MOA attached to the back of the Agreement 7/1/23-6/30/2026

MOA attached to the back of the Agreement 7/1/26-6/30/3031

table of contents

Object

Principles

Territory Covered

Work Covered

Hours

Wages

Pension Fund

Welfare Fund

Annuity Voluntary Fund

Annuity Fund

Defense Assessment

Union Assessment

Training Program

Consolidated Stamp

Industry Advancement Program .

Working Conditions

Master Mechanic

Insurance

Validity

Trade and Jurisdictional Disputes

Trade Boards

Duration

Effectuating Clause

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….4

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. . . 17

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. . .25

…27

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. .28

..29

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..30

..31

..34

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. .44

. .45

I ARTICLE I

I Object

I।

SECTION 1. To establish and maintain wages,

|hoursandworkingconditionsfortheworkonbuildingcon¬

i’ struction 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 griev¬

ances, disputes or differences that may arise between the

| partiesassuch,orbetween them and theEmployer and

H Employees and to provide for the adjustment of disputes

I between trades.

rI|

ARTICLE II

Principles

SECTION 1. The amount of work a man may

perform shall not be restricted by the Union nor by its

Representatives, Officers or Members, and the use of

machinery, tools, appliances or methods shall not be restrict¬

ed or interfered with under the terms of this Agreement.

It is agreed, however, that in the event the

Engineer is ordered to 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 the

Union as a source for the procurement of skilled workmen

and engineers and agree to employ such workers who are

members in good standing of the Union or who become

members thereof seven days after the commencement of

their employment, and the Union agrees to furnish such

workers when requested by the Employers. Such workers

shall thereafter maintain their membership in good standing.

SECTION 4. The 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 adjust¬

ment 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 Secretary of the Trade

Association involved, in accordance with the requirements

of the General Arbitration Plan referred to in ARTICLE IX,

SECTION 1.

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 subcon¬

tractor and its employees, hoisting shall only be done by the

mutual consent of the Employer and the Union.

If a problem arises and there is no immediate solu-

|tiontothejurisdictionalproblem,itshallbemandatorythat

|the-machineryof“TheNewYorkPlan”shallbecomeoper-

|ationalatonce.

| TheEmployershalldesignatethepersoninhis

I employ who is authorized to order the Hoisting Engineer to

|raisematerial.

| NothinginthisAgreementshallbeconstruedas

|prohibitingtheshiftingofanEngineerfromoneengineto

I another, limited to two moves on the same job site onto

I machines of a similar nature.

SECTION 6. Slowdowns and practices cont trary to the principles contained in this Agreement will not

% be tolerated.

t 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,

f creed, color, nationality or sex, age, disability, marital status,

J citizenship status or sexual orientation.

{ SECTION 8. Should the Union knowingly

j allow its members to work for competitors of the Party of

E the First Part, for a wage less than the wage established by

i this Agreement, or under conditions more favorable to the

I 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.

i 3

ARTICLE III

Territory Covered

£.

SECTION 1. This Agreement shall apply to r

building construction work in New York City, i.e., Borough f

of Manhattan, Borough of Bronx, Borough of Richmond, t

Borough of Queens and Borough of Brooklyn. j

ARTICLE IV |

Work Covered

Engineers shall be employed on the operation of: ij

• All high pressure boilers, high pressure steam (not s

from permanent plant of an existing building on b

heating, the job site when oroperated street service) by Parties usedoffor thetemporary First Part. |p

• All engines irrespective of power used for hoist- f

ing materials and construction equipment for I

buildings. I’

• Air compressors (it being agreed that one (1) h

Engineer shall service two (2) compressors when

such compressors are located within one hundred f

feet of each other, and shall drive all truck-mount- £

ed compressors.) (

• Air valves, when compressed air is obtained from

other sources than the employer’s compressor. f

• Steam or compressed air driven concrete or mortar mixers. 1

On gravity fed Concrete Mixing Plants where

compressed air or steam is required, an Operating

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, cherry

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

6 7

and the ground or an elevated hoist loading plat¬

form (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 subse¬

quent 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 Tracks and Forklifts and/or simi¬

lar 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

machines of a similar nature used for the hoisting

of any construction material, equipment (includ¬

ing but not limited to: ladders, gangboxes, aframes, tanks, etc.) or the removal of debris will

be operated by a single Local 14 Operating

Engineer per hoist.

Helicopters used in construction.

Lift Trucks 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, climb¬

ing and crawler, and any derrick.

The Relief Engineer shall cover from the f’fst

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 provision 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:

One (1) Local 14 Crane Operator. In addition,

there shall be two (2) Local 14 Engineers, one

of whom shall operate assist equipment. All

Engineers “hands on” in the erection process.

• House Elevators:

(1) It is agreed that the operation of House

Elevators used for the hoisting of any construc¬

tion materials, equipment (including but

not limited to ladders, gangboxes, a-frames,

tanks, etc.) or removal of debris in any building

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 loca¬

tion and operation (including construction

hoists and elevator cars modified to hoist con¬

struction materials, equipment, 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 14’s jurisdiction, the Engineer shall be

employed pursuant to the terms of this Agreement.

(1) b. All jobs shall be reported to the Union

Hall. All jobs require a pre-job conference

between a Union representative and a represen¬

tative from the BCA.

(2). Alteration jobs over 100.000 square feet:

On alteration jobs of more than 100,000 square

feet (hereinafter “100,000 square feet jobs”)

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% occu¬

pancy 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 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 dura¬

tion 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 100,000 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

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 100,000 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 100,000 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% occu¬

pancy 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 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.

(4) It is further understood that all con¬

tracts 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 com¬

plete renovation, the work will be considered new construc¬

tion 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 worked in excess of seven

(7) hours shall be paid at the double time rate. This does not

apply to outside hoisting equipment. The Engineer 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 BCAMembers 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 (1)

year after the core and shell of the building

were completed; and

(b) the elevator used for transporting construc¬

tion materials is not under the control of the

BCA member; and

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 develop¬

er in a location, by one or more contractors, shall be consid¬

ered a site. Asite may be one building or a number of build¬

ings. The original buildout or the buildout of jobs consid¬

ered new construction, regardless of whether the owner,

developer or tenant contracts the construction, shall be con¬

sidered part of the site. All construction and demolition on

jobs where a Construction Manager is supervising or coor¬

dinating the construction or demolition shall be considered

a planned improvement for the owner or developer and,

therefore, part of the site.

ARTICLE V j

Hours I

This Agreement is based on the principle that the

Employer is entitled to seven (7) hours actual work for

seven (7) hours pay. Any unreasonable failure to work these

hours gives the Employer the right to pay for the hours actu¬

ally 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 running time and the Engineer shall have his machine

ready to ran at 8:00 a.m., unless otherwise notified on the

previous day. Each BCA member may schedule all Loca’ 14

engineers on its payroll at a particular job site to start work i

at 7:00 a.m. or 8:00 a.m. Any change in starting time shall i

be effective for at least one calendar week. j

SECTION 2. It is agreed that the Engineer shall

be employed on a straight time weekly basis, except as pro¬

vided in Section 5 hereof.

SECTION 3. When the Engineer works with the i ;

mechanics of a trade who are on an eight (8) hour day basis, ;

the Engineer will work the additional hour at straight time. i

If an Engineer is hoisting for a trade receiving overtime for *

that eighth hour, he shall receive the eighth hour at double¬

time rate.

SECTION 4. Any Local 14-represented engineer

who operates a temporary personnel materials hoist, includ¬

ing 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.

or spraying from street level up on buildings over two sto¬

ries high.

(d) When jobs comprised of more than one (1)

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

j time, however, when five (5) or more machines are in oper¬

ation on more than one (1) building, an additional Engineer

shall be employed.

(e) No Engineer shall be required where only one

(1) machine is used for pumping or spraying unless hose is

larger than three (3) inches, except as stipulated above.

(f) When an Engineer is employed he may cover

house car or portable hoist for not more than two (2) hours

per day.

r SECTION 7. Whenever a pump or machine

t (regardless of size of hose) is used to pump or place firef proof material, acoustical material or any material of a sim¬

ilar nature or purpose, an Engineer will be employed. The

Engineer will cover Pump #1 through #5. A Master

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 fire¬

proofing pump provided no Engineer already manning the

pump is displaced. It is also agreed that the fireproofing

pump will count towards the Master Mechanic. On jobs

where the fireproofing pump triggers the Master Mechanic,

the Master Mechanic shall be designated in accordance with

Article VII, Section 11 (i) and shall man that fireproofing

pump. After the first application of fireproofing material,

consistent with the NYC Building Code and Manufacturer’s

specifications and applied after July 1, 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 emer¬

gency or necessity, and that no work shall be performed then

I 15

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 dou¬

ble 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 10. When pumps, syphons, pulsome¬

ters and/or boilers are operating twenty four (24) hours con¬

tinuously, 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.

ARTICLE VI

Wages*

Section 1, (a) The Double Drum (Rigging Cont.

Assoc.) rate shall be as follows:

♦July 1, 2006 to June 30, 2007. $ 53.00

*July 1, 2007 to June 30, 2008 + $ 4.28

♦July 1, 2008 to June 30, 2009 + $ 2.85

♦July 1, 2009 to June 30, 2010 + $ 2.85

July 1, 2010 to June 30, 2011 + $ 2.85

Section 1, (b) The Stone Derrick, Cranes,

Hydraulic Cranes rate shall be as follows:

♦July 1, 2006 to June 30, 2007 $56.05

♦July 1, 2007 to June 30, 2008.’ +$4.u5

♦July 1, 2008 to June 30, 2009 + $2.97

♦July 1, 2009 to June 30, 20’10 + $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 1, 2006 to June 30, 2007 $51.77

♦July 1, 2007 to June 30, 2008 +$4.21

♦July 1, 2008 to June 30, 2009 + $2.80

♦July 1, 2009 to June 30, 2010 + $2.80

♦July 1, 2010 to June 30, 2011 + $2.80

Section 3, 4 Pole Hoist, Single Drum Hoists rate

shall be as follows:

♦July 1, 2006 to June 30, 2007 $51.24

♦July 1, 2007 to June 30, 2008 +$4.18

♦July 1, 2008 to June 30, 2009 + $2.78

♦July 1, 2009 to June 30, 2010 + $2.78

♦July 1, 2010 to June 30, 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 fol¬

lows:

♦July 1, 2006 to June 30, 2007-. $46.73

♦July 1, 2007 to June 30, 2008 +$3.92

♦July 1, 2008 to June 30, 2009 + $2.61

♦July 1, 2009 to June 30, 2010 . . . :. + $2.61

♦July 1, 2010 to June 30, 2011 + $2.61

Section 4.1b) House Cars and Rack & Pinion rate

shall be as follows:

♦July 1, 2006 to June 30, 2007 $45.42

♦July 1, 2007 to June 30, 2008 +$3.92

♦July 1, 2008 to June 30, 2009 +$3.92

♦July 1, 2009 to June 30, 2010 +$2.61

♦July 1, 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 Auxiliary Equipment,

Air, Hydraulic, Jacking System, Etc., Boilers rate shall be as

follows:

♦July 1, 2006 to June 30, 2007 $35.32

♦July 1, 2007 to June 30, 2008 +$3.28

July 1, 2008 to June 30, 2009 + $2.18

♦July 1, 2009 to June 30, 2010 + $2.18

♦July 1, 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:

100 Ft. to 149 Ft $1.75 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 1, 2006,

July 1, 2007, July 1, 2008, July 1, 2009, July 1, 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 accor¬

dance with the above provision, 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 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 1, 2006 to June 30, 2007:

$3.25 per hour on Straight Time Paid

$6.50 per hour on Premium Time Paid

(Includes .05 cents or such other amount which may be

voluntarily allocated to the Local 14-14B Voluntary Political

Action Committee (VPAC).

ANNUITY

♦Effective July 1, 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 1, 2006 to June 30, 2007:

$0.55 per hour on Straight Time Paid

$1.10 per hour on Premium Time Paid

DEFENSE FUND

♦Effective July 1, 2006 to June 30, 2007:

$ .05 per hour on Straight Time Paid

$ .10 per hour on Premium Time Paid

WELFARE FUNDS

♦Effective July 1, 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 1, 2006 to June 30, 2007:

$3.95 per hour on Straight Time Paid

$3.95 per hour on Premium Time Paid

♦The Fringe Benefits shown herein were those set

on the effective date of this Agreement. However, in accor¬

dance 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 appli¬

cable 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 (1) 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 remains 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 sca|e 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,

Sunday or Legal Holiday, and reports for work as ordered,

j’ he shall receive a full day’s pay at double time.

| Section 11. Overtime shall be paid for at double

i time rates. Overtime will be decided (computed) by half¬

hour (1/2) increments. Work done between the hours of 4:00

I p.m. and 8:00 a.m. and 12:00 Noon and 1:00 p.m. is over-

| time; except when by agreement with the contractor, work

I may be resumed at 12:30 p.m. and end at 3:30 p.m. and the

arrangement 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

I quit ten minutes before 4:00 p.m.

I lf required by the Employer, the Engineer shall

hoist the concrete in the ground hopper at twelve noon with¬

out benefit of overtime. This situation shall be limited to

Ione lift. He shall be allowed his full one-half hour, or full

hour as the case may be, for lunch.

Section 12,

(a) Every Employer covered by this Agreement

shall contribute Employer contributions on the gross wages

of all employees covered by this Agreement and employed

i by said Employer in the amounts hereinbefore specified to

the Local 14 and 14B Pension Fund and to the Local 14 and

» i 14B Welfare Fund as well as to each of the other Funds spec-

|. ifiedinthisArticle.

| ; (b) The Employer shall make available to the

jl auditors of the Pension, Welfare, Voluntary Annuity,’

| TrainingandAnnuityFundsprovidedforinthisAgreement,

| within (10)tendays afterwritten noticefrom theTrustees,

} 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 obli¬

gated to make pursuant to this Agreement.

( TheEmployer shall furnish the Trustees of the

Pension Fund, the Trustees of the Welfare Fund, the Trustees

|oftheAnnuityVoluntaryFund,theTrusteesoftheTraining

Fund, and the Trustees of the Annuity Fund with reports for

each calendar month not later than the 10th 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.

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) work¬

ing 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 of Trust for the col¬

lection 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 paymentofall delinquencies,interestand thereasonable

a 23

cost of legal fees reasonably incurred in collecting the delin¬

quent payments. For the purpose of this provision, interest |

will be computed at the rate used by the Internal Revenue 1

Service for delinquent tax payments during the period of I

delinquency. ‘

Section 13.

Pension Fund – Commencing July 1, |

2006 and continuing through June 30, 2011, the Employer 0

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 Treasury-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 deter¬

mine, as well as for the organization and administration of

the Local 14-14B Pension Fund. The Local 14-14B Pension

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 contri¬

butions on behalf of its full-time Employees, who are not

members of another union for collective bargaining purposes,

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 por¬

tion 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 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 Treasury-approved Operating Engineers,

Local 14 and 14B Welfare Fund (hereinafter “Local 14-14B

Welfare Fund”). Said stamps are to be placed in the employ¬

ee’s weekly pay envelope, and shall be remitted to Local 14-

14B Welfare Fund by the employee at such times as are des¬

ignated 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 adminis¬

tration 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 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 bar¬

gaining purposes.

The aforesaid stipulated amounts provided for in

Section 6 of this Article shall be applied to the premium por¬

tion of double time or overtime, as provided for in Sections

10 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 qual¬

ify 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) days’ pay.

Section 16.

, Annuity Voluntary – Commencing July

I 1 2006 and continuing through June 30, 2011, the Employer

agrees to pay, in accordance with Article VI, Section 6 of

J 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

‘1 United States Treasury-approved Operating Engineers,

|Local14-14BAnnuityVoluntaryFund(hereinafter“Local

|14-14BAnnuityVoluntaryFund”). Saidstampsaretobe

I placed in the employee’s weekly pay envelope, and shall be

I cashed by Local 14-14B Annuity Voluntary Fund at such

j times as are designated by the Trustees.

j Contributions of the Employer shall be

j used exclusively to provide benefits in such amount or

I amounts as the Trustees of the Local 14-14B Annuity

| VoluntaryFundmaydetermine,aswellasfortheorganizaJ tion and administration of the Local 14-14B Annuity

f Voluntary Fund. The Local 14-14B Annuity Voluntary Fund

jl shall be administered jointly by Trustees, one-half of whom

|shall bedesignated byLocal I4-14B, andone-half by the

j Employers, pursuant to an Agreement and Declaration of

j Trust.

Section 17.

» Annuity Fund – Commencing July 1, 2006 and

j continuing through June 30, 2011 the Employer agrees to

pay, in accordance with Article VI, Section 6 of this

1 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 and 14B

Annuity Fund (hereinafter “Local 14-14B Annuity Fund”).|

Said stamps are to be placed in the employee’s weekly pay I

envelope, and shall be remitted to the Local 14-14B Annuity|

Fund by the employee at such times as are designated by the I

Trustees. J

Contributions of the Employer shall be I

used exclusively to provide benefits in such amount or I

amounts as the Trustees of the Local 14-14B Annuity Fund |

may determine, as well as for the organization and adminis- I

tration of the Local 14-14B Annuity Fund. 4

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 I

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. 9

SECTION 18. Defense Assessment – |

Commencing July 1, 2006 and continuing through June 30, |

2011, the Employer agrees that there will be deducted from I

the wages of each employee working under the jurisdiction j

of Local 14-14B, the sums listed in Article VI, Section 6 of J

this Agreement, which sums constitute part of each employ- ?

ee’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.

SECT[QN_1£ j

Union Assessment – Commencing July 1, 2006 !

alld continuing through June 30, 2011, the Employer agrees j

that there will be deducted from the wages of each employ- ‘1

ee working under the jurisdiction of Local 14-14B, the sums j

listed in Article VI, Section 6 of this Agreement, which sum i

constitutes part of each employee’s Union dues and shall 5

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 techno¬

logical and industrial advancement for the industry and such

other training as shall be deemed appropriate by the

Trustees, and to pay the expenses of establishing and admin¬

istering this Fund, in accordance with the Agreement and

Declaration of Trust.

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 Treasuryapproved Operating Engineers, Local 14 and 14B Training

Fund (hereinafter “Local 14-14B Training Fund”). Said

stamps are to be placed in the employee’s weekly pay enve- jj

lope, and shall be remitted to the Local 14-14B Training|

Fund by the employee at such times as are designated by the|

Trustees. jj

The Local 14-14B Training Fund shall be admin- j

istered jointly by Trustees, one-half of whom shall be desig- j

nated by Local 14-14B and one-half by the Employers, pur- |

suant to an Agreement and Declaration of Trust. 1

SECTION 21. Consolidated Stamp – Payments |

to the Local 14-14B Pension Fund, Welfare Fund, Annuity f

Voluntary Fund, Annuity Fund, Defense Fund, Union f

Assessment, and Training Program shall be by the purchase J

of a consolidated stamp. I

i ? t

1 : SECTION 22. Industry Advancement Program I

: of the Building Contractors Association – Commencing July|

1 1, 2006 all Employers covered by this Agreement shall con-|

j : tribute twenty (.20) cents for each hour of employment of I

Engineers to the Building Contractors Association Industry ft

, । Advancement Program. All Employer contributions to this|

I ‘ Program shall be remitted to the Office of the Welfare and|

| ] Pension Funds which shall provide the Employer with pay- |

roll reporting forms for such purpose. The Office of the ij

Welfare and Pension Funds shall deliver all such contribu- fl

tions to the Building Contractors Association Industry J!

Advancement Program located at 451 Park Avenue South, !

j New York, New York 10016, after verifying that the amount K

i of each such contribution has been correctly computed by

i the Employer.

‘ 30

The Building Contractors Association’s Industry [

Advancement Program shall reimburse the Welfare and j

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 Industry 1

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 permit¬

ted 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 amend¬

ments 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 1. 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 plain¬

ly marked the employee’s name and number, the hours

worked and the amount of money enclosed. At the

Employer’s option, payment of wages may be made by

check, said check to be a Todd insured A.B.C. check, or sim¬

ilar 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 (14) 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 estab¬

lished 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 ($1.80) per day, the Employer shall pay the

excess fare in addition to the contract wage.

j SECTION 6. Members of the International

|UnionofOperatingEngineers,Local14,shallnotgiveupor

| leaveasituationwithoutprovidingforarelief.

SECTION 7. Engineers, while at work, shall be

protected from falling missiles in accordance with U.S.

I Department of Labor, O.S.H.A. – Rule #1926.552-b-(4) and

j 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 rale or regulation which is contrary to any of the

i clauses in thisAgreement. Neither shall either party attempt

| toenforceanyworkingruleswhichhavenotbeenapproved

I by the Trade Board.

| SECTION9. AnyUnionmember,uponshowing

| hismembershipcard,shallbepermittedtoseekemployment

( on any job of any Employer; where an employment office is

I not maintained on the job, the hiring agent of the Employer

j shall be conveniently accessible to applicants at least once a

jj day.

SECTION 10. 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

s International Union of Operating Engineers, Local 14. This

also applies to foundations for buildings.

SECTION 11. Master Mechanic.

(a) On one contract or job site, one (1) 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 man¬

ager, 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 constructed.

(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.

when any one man under this Agreement is receiving over¬

time, 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 per¬

formed by the Master Mechanic.

(d) The Master Mechanic shall be paid the same

J overtime as is received by any one Local 14 or Local 15 rep- t

|resentedengineeronthejobsitewhoreceivesthemost I

I overtime in a given work day, whether or not the Local 14 or |

|Local15representedengineeronthejobsiteisemployedby \

|aBCAmember;butinnoeventshalltheMasterMechanic |

|bepaidformorethanatotaloftwelve(12)straight-timeand j

|overtimehoursinanyworkday,unless’inanemergencyand *

at the request of the Employer. |

(e) the Master Mechanic shall be the Local 14- j

represented engineer who is employed to cover extra lifts as

well as a compressor up to 250 cubic feet. “Extra lift” I

means that the Master Mechanic shall be the second opera-

( tor required whenever a crane or derrick utilized to erect

structural steel on a building site is used to lift objects or •

ft materials for a contractor other than the contractor by whom

I the operator is employed. The parties agree that the Master

I Mechanic cannot cover the extra lifts at the same time that

J he covers a compressor; however, if, for example, the extra

I lifts are required in the morning and the compressor must be

covered in the afternoon, the Master Mechanic shall perform

both tasks.

(f) The Master Mechanic shall not be paid,

regardless of whether any Local 14 engineer on the job site

is paid, whenever the Employer jumps its hoists.

(g) On a job where Operating Engineers under the

supervision of the Master Mechanic work in excess of twen¬

ty (20) hours per day for a duration of more than one (1)

week, and that schedule shall continue for a substantial peri¬

od of time, a meeting shall be held to discuss the duration

of the project and to determine whether a second Master

Mechanic shall be employed. The second Master Mechanic,

if employed, shall work and be compensated for the hours of

employment of Operating Engineers not covered by the first

Master Mechanic. A.second Master Mechanic, if employed,

shall be paid double time rates for not less than seven (7)

hours in accordance with the provisions of this Agreement.

(h) Where a Master Mechanic is employed by the

general contractor, owner, builder, or owner-builder, con¬

struction manager, or any of its representatives resulting

from the combinations stipulated in paragraph (a), above,

the working conditions of the Master Mechanic shall be

determined by the Agreement covering the majority of

Engineers employed.

(i) The Master Mechanic shall be designated by

the Union, subject to the approval of the general contractor,

owner, builder, owner-builder, construction manager or any

of its representatives and will be responsible for the per¬

formances of their duties by the Engineers, Maintenance

Engineers, Junior Engineers, Firemen, Apprentice

Engineers and Oilers. He shall operate a machine in emer¬

gencies only and then only until such time as the services of

an Operating Engineer can be obtained. The Master

Mechanic shall have administrative responsibility for all

Operating Engineers employed on a job site and he shall be

responsible for their performance, whether employed by the

Employer or its subcontractors. The Master Mechanic shall

make work assignments as directed by the Employer and be

responsible, at the request of the Employer, to coordinate the

movement and hoisting of all building materials and equip¬

ment. The Master Mechanic shall operate equipment in

emergencies and use tools when necessary. The Master

Mechanic shall be involved in all safety meetings and prooedures that involve the safety of Operating Engineers. On

jobs requiring a Master Mechanic, a pre-job conference will

be held, at which time the Union shall designate the Master

Mechanic, subject to the approval of the contractors.

(j) It is further agreed that there will be only one

(1) Master Mechanic employed by the general contractor,

owner, builder, owner-builder, construction manager or any

of its representatives per job site. The Employer recognizes

that any and all Local 14-14B and Local 15 members

employed on a job site will count toward the Master

Mechanic count regardless of who employs them and

regardless of the type of work being performed, i.e., Heavy

Construction, Steel Erection, Mason Contractors, etc.,

except as stipulated below.

(k) Certain conditions shall be recognized

in determining whether a Master Mechanic will be

employed:

• Only the first Engineer on each dual rack and pin¬

ion hoist (one or two car hoist towers) shall count

towards the Master Mechanic trigger. On inside

house elevators, only the first, third and fifth, etc.

elevators shall count towards the Master

Mechanic trigger.

• 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.

• On all multiple manned equipment, only one (1)

man, the operator shall count towards the Master

Mechanic.

• On temporary heat, only one (1) Local 15 Engineer

shall count towards the Master Mechanic no mat¬

ter how many are employed to maintain tempo¬

rary heat, regardless of the number of shifts.

• Regarding well points and deep wells, only one (1)

Engineer on such system(s) on a job site shall

count towards the Master Mechanic, regardless of

the number of shifts.

’ Engineer(s) manning electric sump pumps shall

not count towards the Master Mechanic.

• A Relief Engineer/Utility Engineer (Local 14)

assigned to a job who covers more than one (1) rig

shall count towards the Master Mechanic.

(1) If two (2) or more Employers subject

to this Agreement, or any other Agreement with Local 14-

14B, employ Operating Engineers on a single job site, and

the total number of Operating Engineers on the job is four or

more, the wages and benefits of the Master Mechanic

assigned to the site shall be apportioned among the

Employers on the site who employ Engineers in proportion

to the number of Engineers each employs. However, only

the Employer (or Employers) who generate(s) overtime for

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.

SECTION 12. On Tower Climbing Cranes, the

Engineer shall be hired on the first day that erection of the

equipment begins. In the dismantling of the equipment, he

shall be employed until power is terminated on the equip¬

ment. He then shall receive one week’s wages from that

date, he shall operate any auxiliary equipment necessary to

dismantle the Tower Climbing Crane. There shall be no lim¬

itation on the direct placement of concrete with Tower

Climbing Cranes.

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 (1) 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 (1) hour’s pay at straight time.

SECTION 15. All employees shall comply with

all general conditions pertaining on the job site and all safe¬

ty 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

$100,000/$30.0,000 to protect employees covered by this

< Agreement from personal and public liability resulting from

; his employment other than actions of an employee of the

• same employer.

i SECTION 17. Each Employer shall indemnify its

employees against any personal liability and/or legal fees

incurred in defending against claims for personal liability

arising out of the employees’ work specifically assigned by

i the Employer provided the negligence of the employee did

/ not contribute in any way to personal liability.

SECTION 18. Binding Subcontractors and Other

Firms. The terms, covenants and conditions of this

Agreement shall be binding upon all Subcontractors at the

site to whom the Employer may have sublet all or part of

any contract entered into by the Employer.

The Employer stipulates that any firm engaging in

Building Construction Work within the territory covered by

| this Agreement in which it has or acquires a financial inter-

; est, or any successor in interest, shall be bound by all the

terms and conditions of this Agreement.

I ij. SECTION 19. Where one (1) hoist/elevator is

J ] available for construction material, one (1) Engineer shall be

| t assigned to that hoist/elevator and that Engineer shall operI ij ate the equipment for any contractor party to an agreement

! •! with Local 14 and their subcontractors.

! Is

| i[ ARTICLE VIII

| Validity

I [ SECTION I. Ifthe Courts should decide that any

| clause or part of this Agreement is unconstitutional or illej 40

gal or should any clause or part of this Agreement be found

contrary to present or future law, it shall not invalidate the

I other portions of this Agreement, it being the sole intent and

|purposeofthisAgreementtopromotepeaceandharmonyin

|thecraftalonglawfullines.

I ARTICLE IX

| Trade and Jurisdictional Disputes

SECTION 1. Disputes between trades and dis-

|putesrelativetoquestionsofjurisdictionoftradesshallbe

I adjusted in accordance with the method set forth in the Joint

J Arbitration Plan of the New York Building Trades as adoptI ed on Ju’y 9’ ‘903, and amended on April 22, 1905, and all

I decisions rendered thereunder or by the Referee, determin-

|ingdisputesarisingoutoftheconflictingjurisdictional

|claimsofthevarioustradesshallberecognizedbyandbind-

8 ing upon the Parties thereto, except to the extent that Section

|3ofsaidJointArbitrationPlanrequirestheEmployerto

I employ only members of the Union directly or indirectly

J through subcontractors or otherwise, providing however,

J that nothing herein is intended to preclude the Employers

|fromexecutingaUnionsecurityagreementwiththeUnion

in accordance with provisions of Section 8(a) (3) of the Taftk Hartley Act.

C‘

ARTICLE X

Trade Boards

. SECTION 1. All complaints, disputes and differj ences arising under this Agreement, between any and all of

the Trade Associations and the Union, or between any

Employer or employee, shall be referred 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 2. Within three (3) weeks of the exe¬

cution 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:

BUILDING CONTRACTORS ASSOCIATION TRADE

BOARD

Each Trade Board shall consist of members as

designated by the Building Contractors Association to rep¬

resent the Employers and an equal number as designated by

the Union to represent the Union. Members shall be

appointed or selected to serve not less than one (1) year. Any

Board shall meet within forty-eight (48) hours after a writ¬

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

] as such, shall each cast an equal number of votes and, in the

ij event of a tie vote, or failure to reach a decision, the matter

| shall be submitted, within ten (10) days to an impartial

j Umpire. Any and all expenses shall be equally divided

j between and paid for by the Parties to this Agreement.

I-

SECTION 3. Any penalties which may result

1 from such findings or decisions are to be determined and

i imposed by the Association or Union, as the case may be, to

|whichthememberaffectedmaybelong.

j Any Employer member of a Trade Board directly

1 involved in any case brought before this Board shall withi draw from the Board until the case is settled, and an alterj nate shall be selected by the remaining Employer members

|tofillthetemporaryvacancy.

I Any Union member of a Trade Board directly

|involvedinanycasebroughtbeforethisBoardshallwithIdraw from the Board until the case is settled, and an alter¬

nate shall be selected by the remaining Union members to

fill the temporary vacancy.

| SECTION4. TheTradeAssociationwillproIvide the Union with a list of its members who designated the

Trade Association as its bargaining agent, and who have

» agreed to be bound by the terms and conditions of this

i Collective Bargaining Agreement. In addition, the Trade

I Association will notify the Union of any changes in memIbership, 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 periI od of this Agreement.

ARTICLE XI

Duration |

SECTION 1. The terms of this Agreement, as f

modified, shall be effective and retroactive for the period I

commencing July 1, 2006 and continuing through June 30, I

2011, unless changed by agreement between the Parties. No J

change shall be made prior to June 30, 2011, and not then I

unless written notice asking that changes be considered is I

given by one Party to another on or before March 31, 2011,|

by Registered Mail. I

It is agreed by all parties to this Agreement that all desired I

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 J

be proposed. 1

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 1, 2006.

IN WITNESS THEREOF the Parties hereto

have caused these presents to be signed by their duly author¬

ized Representatives as of the first day 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

Memorandum of Agreement

between

The Contractors’Association of Greater NewYork, Inc., and the

Building ContractorsAssociation of New York, Inc.

and

International Union ofOperating Engineers Local 14-14B, AFL-CIO

The Contractors’ Association of Greater New York, Inc. (“GAGNY”) 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,

2011 (“Agreement”). In the course of these negotiations, CAGNY, the BCA and

Local 14agree 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 July1, 2011through June 30, 2014.

2- Lead EngineerMorking 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 isless 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

engineersare 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 Eneineer/Woridag Steward (S500-000.000 or more): For jobs

which have not been awarded to an Employer as of July 1, 2011, Local 14

shall assign a Local 14-represented 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

4843-6269-7482.1

set out in paragraph1above 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. Wage 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 fells below five (5) engineers (combination of Local 14 and Local

15), the Employer shall not be required to employ a Lead

Engineer/WorkingSteward.

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 14fringe benefits fundsshall

continueto be madeas if overtime was paidata doubletime rate.

7. Wages/Benefits: All Classifications Except Rack & Pinion and Inside Cars:

Subject to paragraph 5 above, the Employer shall increase wages/benefits

in effect on June 30, 2011 for ail 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 1,

2012; and 3% (non-compounded) on July 1, 2013. Local14 will inform the

Employers assoon as practicable howthe increases will be allocated.

8. Settlement: The parties agree conceptually that the Employer must hire

an engineers) to operate any inside car under its care, custody, and

control and dedicated to its exclusive use; and also hire an engineers) 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.

4845-6269-7481.1

9- NV Plan: 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 that 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 owneror developer.

11. Ratification: This Agreement is subjectto ratification.

AGREED TO ON BEHALF OF THE

CONTRACTORS’ASSOCIATION OF GREATER NEW YORK, INC.

By:

G. McGuire, Managing Director

6/^/7

Date

AGREED TO ON BEHALF OFTHE

BUILDING CONTRACTORS ASSOCIATION OF NEW YORK, INC.

Paul O’Briepf Managing Director Date

AGREED TO ON BEHALF OFTHE

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 14-14B, AFL-CIO

By:

EowmChristian,Resident & Business Manager

/5 ~ 30-//

Date

AGREED TO ON BEHALF OFTHE

INTERNATIONAL UNION OFOPERATING ENGINEERS

LOCAL 14-14B, AFL-CIO

Christopher Confrey, ~

Recording Corresponding Secretary

Date

4845-6269-7481.1

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 employees)) 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, 2014 (“Agreement”)

In the course of these negotiations, BCA and Local 14 agree as follows:

1. TERMS OF THE 2C14 — 2017 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, 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 Local14 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 Engineerworking 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 ieast two of the engineers are Locai 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 forthe Lead EngineerWorking

Steward on these projects. When that role is identified by the parties, it shaii 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

Mechanic pursuant to Section 11 of the AgreepWti In addition, the Lead

EngineerAVorking Steward assigned to a particular project shall not be laid off

from that projea after he/she begins his/her assignment (regardless of the

availability of a specific job) until there are fewer than five Local 14 and Local 15

engineers working on the project.

4- Master Mechanic (Mdtirbufldina and Mega Projects): Fos jobs in excess of

775,000 square feet, and on large. muiti-building projects or “mega projects”

feg., the Worid Trade Center, Hudson Yards. Brookfield’s Manhattan West,

Willets Point Redevelopment. Airport Terminal Projects and similar projects)

Local 14 shall designate and assign a Master Mechanic to such projects pursuant

to Section n of the Agreement.

5. Wage for Lead,. EneineerAVorMBg SW^rdZMastej. Mfighamc: The Lead

EngineerAVorking Steward/Maaer Mechanic shall be paid $68-4″ per hour, in

addition to increases sat forth in Paragraph 8 of this MOA. When a crane or any

other Local 14 or 15 manned equipment (except as excluded by current terms) is

in operation for aD -or part of a day. hours worked in excess of eight (8) and.fewer

than thirteen (13) shall be paid at double time. ®to work in excess of twelve (121

hours shall be worked fo ope day, unless the Employer or another Construction

Manager/General Contractor employing Local 14 or Local ig-represented

engineers on a particular project requests the Lead Engineer/Uforkin”

Steward/Master Mechanic to work in excess of twelve (12) hours in one day.

When the number of engineers on a project exclusive of title .Load

Engmeer/Working. Stewhrd/Master Mechanic feBs below five (5) engineers

(combination of Local 14 and Local 15), the Employer shall not be required to

employ a Lead EngineerA^torking Steward/Master Mechanic.

6. Rack & Pinion/Iaside Car Wages: Engineers operating “Rack & Pinion’’ and

House Cars, including all Inside Cars, shall receive the same percentage increase

as received by other Local14-represented engineers covered by this Agreement.

7- Overtime Ratefar Hoisting Engineers: Engineers who operate Rack & Pinion or

Inside Cars, including all House Cars, stall work an. eight hour day and stall be

paid at the rate of timeand one-talf for all hoursin excess of eight hours in a day;

provided however, contributions to the Local 14 Fringe Benefits Fund shall

continue to he madeas if overtime was paid at a-doubletime rate.

8. Wages/Benefits: For AB Classifications: All Local 14-represented engineers

covered by the agreement shall receive the following increases £aB calculated on

the2014 base) in the foHowing contract years.

* July i, 2014 – 3%

• July 1,2015 -3%

• July1, 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

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.

9. ALTERATION:

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 carts) is not otherwise operated by a person(s)

employed by the Building 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-buiid outs.

13. FORMS:

Subject to a Local 14-approved reservation of collective bargaining rights provision in each

form, engineers shall sign appropriate forms required by the Employer or by the New

York/federal law and routinely signed by other union-represented employees.

14. EARNED SICK TIME WAIVER:

The Union expressly waives any right to paid sick leave for the employees covered by this

agreement as set forth in any legislation enacted by the City of New York.

15. NEW YORK PLAN:

The Parties agree to delete ail reference to the New York Plan for the Settlement of

Jurisdictional Disputes andto substitute in its place a mutually agreed upon Sideietter 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 ail

disputes arising out of this contract

16. RATIFICATION:

This Agreement is subject to ratification by the Local 14 membership.

AGREED TO ON BEHALF OF THE

BUILDING CONTRACTORS ASSOCIATION

BY: t~

PAUL-OBRIEN, MANAGING DIRECTOR DATED U

AGREED TO ON BEHALF OF THE

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 14-14B, AFL-CIO

Edwin Christian, Business Manager DATED‘

Christopher Confrey, President f

BY:

John PsweiXRecording Corresponding Secretary 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.

&) n

Agreed to on behalf of the

Building Contractors Association

y Z/Z

JOHN F./o’HARE, MANAGING —DIRECTOR

Agreed to on behalf of the

International Union of Operating Engineers

Local 14-14B, AFL-CIO

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 w

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

i subjecttothe3%raisesonJuly1,2018andJuly1,2019.

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 J j

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 14-14B 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 14-14B

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 14-14B 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.

6. RATIFICATION :

This Agreement is subject to ratification by the Local 14 membership.

AGREED TO ON BEHALF OF THE

by: / ,/\ r o j

Jorai O’Hare, Managing Director

BUILDING CONTRACTORS ASSOCIATION

^/7

Dated

AGREED TO ON BEHALF OF THE

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 14-14B, AFL-CIO

£ /J.

Dated

BY:

John Powers, Recording Corresponding Secretary 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 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, 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 14-14B.

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 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- 2011

Collective Bargaining Agreement, the 2014-2017 Memorandum of Agreement

and the 2017-2020 Memorandum of Agreement

4. WAGES®ENEFITS: 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% h/|

July 1,2022-3% W

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 14-14B 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- MDEICMLON:

This Agreement is subject to ratification by the Local 14 membership.

AGREED TO ON BEHALF OF THE

BUILDING CONTRACTORS ASSOCIATION

BY: ^LJ/^d

JohntO Hare, Managing Director Dated

AGREED TO ON BEHALF OF THE

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL144M AFL-CIO

‘Uj ..

tdwin Christian, Business Manager

BY:

John Poyvers, Recording Corresponding Secretary

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 14-140 (“Local 14″) recently concluded

negotiations for a naw Collective Bargaining Agreement to take effect on My 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 ths 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 shallremainIn full force and

affect In their entirety and through completion of ths project. Engineers employed on

such projects shall not be displaced.

3. TERMS OF 2023-2026 COLLECTIVE BARGAINING AGREEMENT: The terms of this

Memorandum of Agreement shall be Incorporatedinto a new collective bargaining

agreement which will be In effect from July 1,2023 through June 30, 2026, and shallalso

Include the terms of ths 2006-2011 Collective Bargaining Agreement and the 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 shallreceive the followingIncreases (ailcalculated

on the 2023 base) In the following contract years:

July 1, 2023–2.5 % (Local 14 Crane Operators), $1.00 per hour for all other

employees under the BCA Agreement

July 1,2024–2.5 % (Local 14 Crane Operators), $1.00 per hour for all other

employees under the BCA Agreement

July 1, 2025– 2.5 % (Local 14 Crane Operators), $1.00 per hour for all other

employees under the BCA Agreement

All Increases are based on the total wage and benefit package, non-compoundad

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 Loi ing

Engineer shall have his/her wages reduced, nor his/her currant 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 fringeif 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-lmbursemenl, PAC, DefenseFund or LMCT

funds.

Said member will receive a holiday stamp, which shall include welfare, pensionand

supplemental dues only. When a member covered by this agreement is employedm a

payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hour

holiday prorated stamp for each date worked in a payroll week (i.e.: one day– two (2) hours,

Iwo days– four hours, three days– six hours, four days–eight hours). During the week of

Thanksglvlng/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 fivehours of

holiday pay for each additional day worked that week, not to exceed 18-hoursof 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 holiday pay.

6. NY State Paid Sick Leave–Incorporate 196 Language Into CBA

Local 14-148 and Local 15-15A waives any right or entitlement for paid sick leave that may

The Unions acknowledge the provisions of the New York Sick Leave Act (Labor Law

sec.190-b) and further acknowledges that employees covered under this Agreement receive

comparable benefits In lieu of the sick leave throughthe signatory Employer’s contributions

to the Vacation Fund and/or Annuity Voluntary Fund on behalf of employees.

Ths Unions waive the provisions of the New York City Earned Safe and Sick Tims Act

pursuant to NYC Admin. Code Section 20-916(a) and acknowledges that employees covered

7. NYS Wage Theft

It is the intent of the Parties to waive the Labor Lav/ Section 188-E, pursuant to Labor

Law Section 198-E (10).

8. This is solely an amendment to the Collective Bargaining Agreement between Local14-

14B and the BCA. All terms and conditions of the Collective Bargaining Agreement are

applicable hereto and areIn fullforce and effect therein, except as expressly modified by

the terms of this agreement.

9. RATIFICATION:

This Agreementis subject to ratification by tha Local 14 membership.

AGREED TO ON BEHALF OF THE

BUILDING CONTRACTORS ASSOCIATION

BY:

John O’Hare, Managing Director Dated

Michael Varrone, BCA Labor Committee Chairperson Dated

AGREED TO ON BEHALF OF THE

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 14-14B, AFL-CIO

Edwin L. Christian, Business Manager

Thomas D. Gordon, President

Dated

MEMORANDUM OFAGREEMENT

.BETWEEN

THE BUILDING CONTRACTORSASSOCIATION

AND.

INTERNATIONAL UNION.OF OPERATING ENGINEERS

LOCAL1444B,AFL-CIO

The Building Contractors Association of New York (“BCA”) on behalf of its members (the

employer) and the International Union of Operating Engineers Local 14-14B, AFL-CIO (“Local 14”)

recently concluded negotiations for a new Collective Bargaining Agreement to take effect on July 1, 2026,

In the course of these negotiations, the 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.

2. TERMS OF 2026-2031 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, 2026 through June 30, 2031, and shall also include the

terms of the 2006-20 1 1 Collective Bargaining Agreement, and the 2011-2014, 2014-2017,

2017-2020, 2020-2023, and 2023-2026 Memorandums of Agreement.

3. WAGES/BENEFITS: FOR ALL CLASSIFICATIONS: All Local 14 represented

Operating Engineers covered by the agreement shall receive the following increases (all

calculated on the 2026 base) in the following contract years:

July 1,2026-3%

July 1,2027 -3%

July 1,2028-3%

July 1,2029-3%

July 1,2030-3%

All increases arc based on the total wage and benefit package, now-compounded for each of

the fiVb’ (5) contract years. The percentage increase shall be allocated- to the wage rate or

fringe benefit funds at the discretion of Local 14.

4. Affordable Neighborhoods for New Yorkers Tax Incentive Program (“ANNYProgram”)

The parties to this Agreement hereby expressly waive the provisions of Paragraphs (a), (b),

(c); and (d) of Subdivision 3 of Section 485 x of the New York Real Property Tax Law

(“RPTE”), pursuant to Subdivision 3(i) of RPTL Section 485-x.

All wages, benefits; and other terms and conditions of employment of Local 14 represented

Operating Engineers shall be pursuant to the terms and conditions of this agreement and the

Collective Bargaining Agreement, including for those projects eligible for tax:benefits under

the ANNY Program. Nothing in this clause shall be construed to waive any other provisions

of the law or any rights under this agreement or the Collective Bargaining Agreement, except.

as specifically stated lierein.

5. This is solely an amendment to the Collective Bargaining Agreement between Local 14 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 agreement.

6. This Memorandum of Agreement may be executed in counterparts, each of which will be

deemed an original and all of which together will constitute one and the same document. For

the purposes of execution, a signature transmitted by facsimile or by computer file (such as a

.pdf file) will be deemed as valid as an original.

7. RATIFICATION:

This Agreement is subject to ratification by the Local 14 membership.

AGREED TO ON BEHALF OF THE

Managing Director

BY:

Michael Varrone

L aboi Committee Chairman

AGREED TOONBEHALFOF THE

internationalunionoroOliBlM

Edwin L. Christian

Business Manager-Financial Secretary

Thomas. D-, Gordon

President

BY: