Agreement between the building contractors association, inc. And international union of operating engineers, local is and i sa july i, 2020 to june 30, 2023 table of contents page article i object …………………………………………………………………………………………………………… 1 article ii principles ……………………………………………………………………………………………………. I article ill territory covered ………………………………………………………………………………. 3 article iv hours and conditions …………………………………………………………………….. 3 article v wages and work covered …………………………………………………………….. 10 article vi fringe benefit funds ………………………………………………………………………… 11 article vii work stoppage for default in welfare and pension contributions …………………………………………………………… 17 article vlll lnsurance/indemnificiation ……………………………………………………….. 17 article ix trade and jurisdictional disputes ……………………………… 21 article x trade board …………………………………………………………………………………………. 18 article xi drug testing ……………………………………………………………………………………….. 19 article xii validity ……………………………………………………… : ………………………………………… 20 article xiii term – renewal …………………………………………………………………………………. 20 ‘ this agreement dated july i, 2020 between the building contractors association, inc. , party of the first part, and the international union of operating engineers, local 15 and i sa, party of the second part, hereinafter referred to as the “union”. Article i object section i . To establish and maintain wages, hours and working conditions for the work on building construction covered by this agreement in the territory to which it applies, to prevent strikes and lockouts, to insure the peaceable adjustment and settlement of any and all grievances, disputes or differences that may arise between the parties as such or between them as employer and employee, and to provide for the adjustment of disputes between trades. Article ii principles section i. 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 restricted or interfered with under the terms of this agreement. Section 2. The business representatives of the union shall have access to the work at all times. They shall comply with all general conditions of the job regarding passes, entrances to be used, etc. But shall in no way interfere with or hinder the progress of the work. Section 3. The employers recognize the union as a source for the procurement of skilled workmen and maintenance engineers, junior engineers, firemen, apprentice engineers and oilers 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 employer association and the union agree that they have not and will not discriminate against any individual seeking employment because of race, creed, color, sex, national origin, age, disability, marital status, sexual orientation or citizenship status. Section 5. The union or its representatives shall not order a strike or stoppage of work, nor shall the employees strike against any employer or collectively leave the work of an employer, nor shall any employer lock out employees prior to filing a complaint or pending the adjustment of any existing dispute, as provided for in articles ix and 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; but no removal shall take place until formal notice is first given to the secretary of the trade association involved, and the procedures in articles ix and x have been exhausted. Section 6. Employees are at liberty to work for whomever they see fit, and they are entitled to and shall receive the wages agreed upon as hereinafter set forth in this agreement. Employers are at liberty to employ and discharge whomever they see fit, and the employer shall at all times be the sole judge as to the work to be performed and whether such work as performed by an employee, is or is not, satisfactory. Section 7. Should the union allow its members to work for employers for a wage less than the wage established by this agreement, or under conditions more favorable to the employer than the conditions established by this agreement, the wages and conditions contained in this agreement shall immediately be changed to conform to the more favorable conditions as shown to exist. Section 8. Target committee: residential/hospitality- the bca and local i4-14b and local i 5, i sa, i sd have agreed to form a standing committee of three union and three association representatives to begin meeting no later than october i, 2020 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. Section 9. Recruitment of disabled veterans: the parties shall cooperate in the recruitment and training veterans who have suffered disabling injuries in recent foreign conflicts. Section i 0. Forms: subject to a local 15-1 sa and i5d 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. Section 11. 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. 2 article ill – territory covered section i. This agreement shall apply to building construction work in new york city; i. E. , boroughs of manhattan, bronx, richmond, queens and brooklyn. Section 2. Building construction where referred to in this agreement is hereby defined as the erection of buildings, exclusive of the construction of engineering structures and building foundations. Section j. When employers, parties to this agreement, do any work other than the type of work covered by this agreement, they shall conform to any applicable agreement that exists between an employing group and the international union of operating engineers, local 15 and i sa. In particular, when employers are excavating a site or pouring a foundation, the provisions of the agreement between the union and the general contractors association, as amended from time to time, shall control the employers’ obligation to hire or cause to be hired a working foreman/maintenance engineer/mechanic/shop steward. Employers shall discharge this obligation by hiring the working foreman/maintenance engineer/mechanic/shop steward directly or by instructing another contractor which has an agreement with local 15 to hire the working foreman/maintenance engineer/mechanic/shop steward in which event the working foreman/maintenance engineer/mechanic/shop steward would be subject to the direction and control of that contractor. During the excavation/foundation phase of a building project, the maintenance foreman shall be employed under the rules of the gca/local 15 agreement. In other words, the maintenance foreman will be employed when there is a master mechanic and five (5) other engineers working on the project as stated in the agreement between the general contractors association and the international union of operating engineers, local 15, i sa. Article iv hours and conditions section i. Hours of work eight (8) hours shall constitute a day1 s work. Forty (40) hours shall constitute a week1 s work. At the commencement of employment, an employee will be paid for days actually worked in the payroll week. At the termination of employment, an employee will be paid for days actually worked in the payroll week. If an employee is laid off from his work assignment and rehired within five (5) consecutive working days for the same work assignment, said employee shall be paid for the actual working days for which he was not employed, if he was not employed by another employer during the layoff period. Flexible start is 7:00 a. M. Or 8:00 a. M. — all engineers. 3 ‘section 2. Shifts (a) a single shift shall be a continuous nine (9) hours, starting at 8:00 a. M. Except when necessary to conform with the provisions of this article iv, section 6, including one (i) hour for mealtime. The mealtime may be curtailed by one-half ( i /2) hour. (b) when two (2) shifts are employed, each shift will work seven and one-half (7 12) hours but will be paid for eight (8) hours, since only one-half ( i /2) hour is allowed for mealtime. (c) when three (3) shifts are employed, each shift will work seven and one-half (7 12) hours but will be paid for eight (8) hours, since only one-half ( 1 /2) hour is allowed for mealtime. , (d) when two (2) or more shifts are employed, single time will be paid for each shift. (e) on jobs of more than one (i) shift, if an engineer or junior engineer fails to report for work through any cause over which the employer has no control, the engineer on duty will continue to work at the rate of single time. (f) a week shall start at 8:00 a. M. Monday and end at 8:00 a. M. Saturday, except when necessary to conform with the provisions of this article iv, section 6. (g) when an employee is ordered out and reports on a saturday, sunday or holiday, regardless of whether his services are employed, he shall receive a full day’s pay at double time. (h) in case an engineer or junior engineer is not ordered out on a saturday, sunday or a holiday, and his machine is operated by another engineer or junior engineer, he, as well as the engineer or junior engineer who operated the machine, shall be paid a full day’s pay at double time. Section 3. Payment of wages all wages payable under this agreement shall become due and be paid on the job every week and not more than three (3) days’ pay shall be held back. Wages shall be paid at the employer1 s option either in cash or by check, provided: the check is todd insured abc system payroll check or a similar type of check, and the delivery of the checks shall be made at least one (i) day preceding a banking day. 4 if for any reason the employer terminates the service of any employee working under this agreement, the accrued wages of that employee shall be paid to him at the time of the termination of his employment, otherwise, waiting time shall be charged for accrued wages. If any employee shall, of his own volition, leave the service of his employer, then his employer may retain his wages until the next regular pay day. Section 4. Overtime double time shall be paid for all work performed in excess of eight (8) hours per day, for all work performed in excess of forty (40) hours per week, and for all work performed on saturdays, sundays and holidays. Section 5. Holidays holidays to be observed as such are: new year’s day martin luther king day presidents’ day memorial day (decoration day) independence day (4th of july) columbus day armistice day (veteran’s day) thanksgiving day day after thanksgiving christmas day labor day (a) all employees covered by this agreement shall receive eight (8) hours’ pay at the single time rate for any of the abovemmentioned holidays even if occurring on a saturday. If the abovemmentioned holiday occurs on a sunday, it should be observed on the following monday. If a holiday occurs on a saturday, employees except for those manning powerhouses, refrigeration, soil solidification, wellpoint, cofferdam, and continuous pumping installations, and other similar type installations, shall not perform any work on said saturday without the prior permission of the union representative having been rendered to the employer, and such permission shall not be unreasonably denied. To be paid for any of the above~mentioned holidays without working, employees must work at least one (i) day in the payroll week in which the holiday occurs. No employee shall receive pay for any holiday from more than one (i) employer. (b) where the workday ends at 8:00 a. M. On a saturday or a sunday or a holiday, the employer may, at his discretion, define saturdays, sundays and holidays beginning at 8:00 a. M. Of the saturday or the sunday or the holiday and continuing until 8:00 a. M. Of the following day, except when necessary to conform to the provisions of paragraph (a) of section 6 of this article iv. 5 section 6. Conditions (a) varying shift commencement it is understood and agreed that because of certain ordinances of the city of new york governing certain operations, such as blasting, etc. , shift hours will be arranged to conform with such regulations, etc. , and such shift work will be paid for at the single time rate, in conformity with the terms contained in this agreement. (b) shifting of employees on equipment during a work shift, an employer may move the crew or an individual operator from machine a to machine b, and then back to machine a, when there is an emergency on the project or a breakdown on machine a, with no additional pay to the crew or individual operator. During a work shift, an employer may move the crew or an individual operator from machine a to machine b, when conditions or logistics enable such a move, only with the prior approval of either the master mechanic or the local union business representative and said approval shall not be unreasonably withheld, with no additional pay to the crew or individual operator. During a work shift, should an employer move the crew or individual operator from machine a to machine band then back to machine a for the reasons other than those specified in this section 6(b), the crew or individual operator shall receive two (2) hours 1 additional pay. During the work shift, should an employer make an additional move, the crew or individual operator shall receive eight (8) hours 1 additional pay. (c) pumping continuous pumping regardless of motor power and size, is the work of the maintenance engineer. Wellpoint and river cofferdam pumps are the work of the operating engineers under the jurisdiction of local 14. Continuous pumping when using one air pump, shall be performed by the operating engineer, under the jurisdiction of local 14, manning the compressor. If two (2) or more air pumps are employed, a maintenance engineer will man said pumps in addition to performing other duties as required. On projects which require the use of pumps with a discharge of 3″ or less, a prewjob conference shall be held between representatives of the association and the union to determine the manning of such pumps. 6 a local 15 operating engineer shall not be required to man motor generators less than 25 hp used for the operation of site trailers. Other operations can be included in the less than 25 hp provision, subject to local 15 approval. When a water condition exists, a maintenance engineer shall be employed for the pumping of all water until a temporary certificate of occupancy or its equivalent is issued. When a pump is used for a period of more than two (2) hours in an eight (8) hour shift, a maintenance engineer shall be employed. A combination of 1-15 heaters, generators and/or pumps, will be maintained by one engineer to be paid at the predominate rate. Wellpoint, eductor, ejector, dewatering systems on installation, a wellpoint crew shall consist of a maintenance foreman plus four (4) maintenance engineers. After a wellpoint dewatering system, eductor, ejector, deep well pumps or any dewatering system of a similar nature is installed and while operating, a maintenance engineer shall be employed including overtime and on off-shift jobs. No maintenance engineer shall be employed on said wellpoint dewatering system on any second or third shift. After a wellpoint dewatering system is installed and while operating, if in addition to the wellpoint dewatering system pumps, other gasoline diesel or electric powered pumps are installed and operated to supply water to a recharge system, one (i) maintenance engineer shall be employed on each shift while said other pumps are operating. After an eductor or ejector dewatering system is installed and while operating, if in addition to the eductor or ejector dewatering system pumps, other gasoline, diesel or electric powered pumps are installed and operated, one (i) maintenance engineer shall be employed on each shift while said other pumps are operating. (d) tugger hoists where the tugger hoist is used for pulling cars, a junior engineer will be employed. (e) maintenance and repair work — overtime repair work at work site all maintenance and repair work at a work site of any kind and description, exclusive of said work being performed by other trades, shall be performed by employees covered under _ this agreement. Repair work during the work shift shall be performed by the crew on their own machines or by maintenance engineers. 7 if a piece of equipment breaks down and is repaired on the jobsite on overtime, the crew or individual operator of said piece of equipment shall work on the repair during the overtime period, exclusive of welding, motor and compressor work. (f) maintenance engineer the union shall have the right to assign from the local 15 represented engineers at all construction sites, a working maintenance engineer – shop steward (“shop steward”). The employer will ensure that the contractor employing the shop steward will permit the shop steward time to attend to union matters on the jobsite with all subcontractors, vendors and suppliers. When 3 or more local is represented employees are scheduled for overtime, the shop steward, if qualified, will be offered the opportunity to work that overtime assignment. After the foundation is substantially completed on a building project, and the erection of the superstructure has commenced, when a master mechanic is employed and three major pieces of equipment are working, a maintenance engineer shall be employed. For the purposes of this sub~paragraph (f), the following pieces of equipment shall be considered major pieces of equipment: concrete plants, concrete pumps, including truck mounted concrete pumps, gradalls, power pacs in conjunction with articulation conveyors, cableways, cranes, cherrypickers, crewed backhoes, excavators over 40,000 lbs. , pile drivers, shovels, clamshells, orange peels, drag line buckets and stiffleg derricks, etc. In addition, the hours worked per day by the maintenance engineer (if required), shall not exceed fifteen (15) hours unless in an emergency and at the request of the employer. When such conditions are present on a job site where a member of the b. C. A. Is acting as a general contractor, construction manager, owner’s agent, however described, and these conditions are brought about by the work performed by a contractor not a party to this agreement, a conference will be held between representatives of the union (local 15, i sa and i sd), the b. C. A. , the general contractor and the construction manager, etc. , party to this agreement. This meeting will be held prior to the employment of the maintenance engineer. If on the other hand the job does not have three major pieces of equipment and thus a maintenance engineer, then the maintenance engineer shall man up to five (5) electric pumps if they are permanently wired and no additional engineer needs to be employed to cover these pumps after the 3 major piece maintenance engineer is laid off. A maintenance engineer on three (3) major pieces will also cover electric pumps. If there are no electric pumps, then he shall cover the generator. 8 (g) saturday employment a maintenance engineer shall be assigned to work on said saturday provided at least one (i) maintenance engineer has worked on the project for a minimum of forty (40) hours prior to the said saturday except at the commencement of a project. The same conditions shall apply on overtime work. (h) concrete pumps concrete pumps are to be manned by employees covered by this agreement under the jurisdiction of local 14 and local i 5. (i) concrete pumps and maintenance trucks when a truck mounted concrete pump or maintenance truck is employed, said truck shall be driven by an employee covered under this agreement in addition to the performance of his other duties. (j) pumps (manning on temporary water pumping and heating devices only) when the employer notifies the union in writing (including by email or by fax) that an employee manning temporary water pumps or heating devices may be laid-off and rehired within the same payroll period, the union will make every effort to reassign the employee to another work assignment if work is available. If the union makes every effort to find alternative employment for the laid off employee, but is unable to do so, or if the employer fails to notify the union in writing, the 40-hour, no broken time guarantee remains in full force and effect; provided, however, if a laid-off engineer does not seek employment while the temporary layoff is in effect through the local 15 referral hall after the employer informs the union of the layoff in writing, the employer is not obligated to pay the laid-off engineer for the layoff period. The union shall respond as soon as possible to an inquiry by the employer regarding the laid~off engineer’s use of the referral hall to find alternative employment. If the employer utilizes the temporary pump or heaters while the employee is on layoff, this provision shall be null and void for the duration of the project. (i<) mechanical heaters (a) kerosene mechanical heaters when one (i) to fifteen ( 15), and every portion of fifteen thereafter, kerosene blower-type heaters are used, a maintenance engineer shall be employed. 9 (b) radiant mechanical heaters when one (i) to twenty (20) and every portion of twenty thereafter, radiant mechanical heaters, i. E. The val 6 type or radiant mechanical heaters of a similar nature, are used, a maintenance engineer shall be employed at the rate of $37.61 per hour effective july i, 2020. {i) job-site plants there will be a maintenance engineer employed on the installation, maintenance and repair on a job site concrete plant when the plant utilizes any type loading device. (m) effective july i, 1982, all hydraulic cranes in excess of 35 ton capacity shall be manned by two (2) men; one (i) local 14 engineer and one (i) local 15 maintenance engineer. Article v wages and work covered section i. Maintenance engineers installing, repairing, maintaining, dismantling (of all equipment including: steel cutting and bending machines, mine hoists, tower cranes, linden peine, lorrain, liebherr, mannes or machines of a similar nature, wellpoint systems, driving maintenance trucks and truckmounted welding machines) when three or more motorized concrete buggies (ride type) are utilized on the jobsite, they shall be serviced, maintained and repaired by the maintenance engineer. For maintenance engineers, the basic rate shall be as follows: july i, 2020 july i, 2021 july i, 2022 $62.45 $ 3.07* $ 3.07* * distribution to be made mutually between the union and employer at a future date. Section i b. Maintenance engineers operating, installing, repairing, maintaining, dismantling: (all pumps regardless of motor power and size (except river cofferdam pumps and wellpoint pumps), mechanical heaters, generators, concrete mixers with loading device, motor generators when used for temporary power and lights). July i, 2020 july i, 2021 july i, 2022 $48.26 $ 2.64* $ 2.64* * distribution to be made mutually between the union and employer at a future date. 10 section ic. Maintenance engineers on radiant mechanical heaters (operating, installing, repairing, maintaining, dismantling: radiant) mechanical heaters when used for temporary heat. Section 2. July i, 2020 july i, 2021 july i, 2022 $37.61 $ 2.32* $2.32 * apprentice engineers and oilers all gasoline, electric, diesel or air operated gradalls, concrete pumps, power houses, driving truck cranes, driving and operating fuel and grease trucks: their duties shall be to assist the engineer in oiling, greasing and repairing of all machines: july i, 2020 july i, 2021 july i, 2022 $59.33 $ 2.97* $ 2.97* * distribution to be made mutually between the union and employer at a future date. Section 2b. Apprentice engineers and oilers all gasoline, electric, diesel or air operated cranes; backhoes; trenching machines; gunite machines; compressors (3 or more in battery); overhead cranes in power houses; their duties shall be to assist the engineer in oiling, greasing and repairing of all machines. July i, 2020 july i, 2021 july i, 2022 $43.78 $ 2.51* $ 2.51* * distribution to be made mutually between the union and employer at a future date. Section i. Article vi fringe benefit funds welfare fund contribution commencing july i, 2020 and continuing through june 30, 2023, the employer agrees to pay the amounts indicated herein on the hours paid of the employees covered under this agreement employed within the jurisdictional territory of the union into a united states treasury-approved welfare fund of the international union of operating engineers, local 15, i sa, (hereinafter “welfare fund”) to be administered by trustees, one-half of whom shall be designated by the union and one-half by the employers. Said welfare fund shall provide, 11 without further contributions from either the employer or the employee, an approved plan of coverage as required by the new york state disability benefits’ law. Section 2. Pension fund contribution commencing as of july i, 2020 and continuing through june 30, 2023, the employer agrees to pay the amounts indicated herein on the straight-time payroll of the employees working under this agreement employed within the jurisdictional territory of the union into an united states treasury-approved pension fund of the international union of operating engineers, local union i 5, i sa, (hereinafter “pension fund”) to be administered by trustees, one-half of whom shall be designated by the union and one-half by the employers. Section 3. (a) computation of welfare and pension fund contributions commencing july i, 2020 and continuing through june 301 2021, contributions for the welfare fund shall be as follows: nine dollars and fifty five cents ($9.55) per hour for each single time hour paid; nineteen dollars and ten cents ($19. I 0) per hour for each double time hour paid commencing july i, 2020 and continuing through june 30, 2021, contributions for the pension fund shall be as follows: seven dollars and forty cents ($7.40) per hour for each single time hour paid no contribution shall be made on the premium portion of double time or overtime of the payroll. (b) coverage of additional employees under the welfare and pension fund every present and future salaried regular employee of the union1 the welfare fund, the pension fund, the vacation fund, the annuity fund, the apprentice fund and the training fund may participate in the benefits provided herein for employees of the employer for whose benefit the aforementioned contributions are made to the welfare fund and to the pension fund provided that contributions at the rates hereinbefore stated are made to the welfare fund and to the pension fund for or on behalf of said employees of the union, the welfare fund, the pension fund, the vacation fund, the annuity fund, the apprentice fund and the training fund by the respective employers of said employees on the basis of the actual hours 12 paid to them or the maximum rate required to be paid pursuant to this agreement, whichever is lower. The regional director of the international union of operating engineers for the new york district and his staff may participate in benefits under the joint welfare fund provided contributions on their behalf are made by local union 15, i sa. Coverage for the employees of the welfare fund and pension fund may be indicated in the records of the respective funds without actual payment of contributions on their behalf. Section 4. Vacation fund/political action committee contribution commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: *four dollars and eighty cents ($4.80) per hour for each single time hour paid; (includes five cents ($0.05) per hour for each single time hour paid for the political action committee fund) **nine dollars and sixty cents ($9.60) per hour for each double time hour paid; (includes ten cents ($0.10) per hour for each double time hour paid for the political action committee fund) to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, i sa in stamps purchased from a united states treasuryapproved international union of operating engineers, local 15, 15a vacation fund (hereinafter “local 15, i sa vacation fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be cashed by local i 5, i sa vacation fund 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 local 15, i sa vacation fund may determine, as well as for the organization and administration of the local 15, i sa vacation fund. The local 15, i sa vacation fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa and one-half by the employers, pursuant to an agreement and declaration of trust. Sections. Apprentice and training fund contribution commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: 13 one dollar ($1.00) per hour for each single time hour paid; two dollars ($2.00) per hour for each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, i sa in stamps purchased from an applicable governmentalapproved international union of operating engineers, local i 5, i sa apprenticeship, skill improvement and safety fund (hereinafter “apprentice fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to the apprentice 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 apprentice fund may determine, as well as for the organization and administration of the apprentice fund. The apprentice fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa and one-half by the employers, pursuant to an agreement and declaration of trust. Section 6. Union assessment the employer agrees that there has been deducted from the wages of each employee covered by this agreement working under any of the classifications as set forth in article v herein, and territorial jurisdiction of local i 5, i sa and paid to said local i 5, i sa after proper execution by each employee an authorization for the sum of: july i, 2020 july i, 2021 july i, 2022 $ 3.04 $ 0. 16 increase per year $ 0.16 increase per year which sums shall constitute a part of said employee’s local 15, i sa union dues. Local 15, i sa agrees to indemnify and to hold harmless, the employer from any and all claims, actions and/or proceedings arising out of said dues checkoff. Section 7. Annuity fund contribution commencing july i, 2020 and continuing through june 30, 2021, contributions for the annuity fund shall be as follows: thirteen dollars ($13.00) per hour for each single time hour paid; twenty six dollars ($26.00) per hour for each double time hour paid; further distribution to be made mutually between the union and employer at a future date to each employee covered by this agreement working under the classification and territorial jurisdiction of local i 5, i sa in stamps purchased from a united states treasury14 approved joint international union of operating engineers, local i 5, i sa annuity fund (hereinafter “local i 5, 15a annuity fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be remitted to the local 15, i sa annuity fund by the employee at such times as are designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the local 15, i sa annuity fund may determine, as well as for the organization and administration of the local 15, i sa annuity fund. The local 15, i sa annuity fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa and one~half by the employers pursuant to an agreement and declaration of trust. For the purpose of this section 7, local 15, i sa shall be considered a contributing employer and shall make contributions on behalf of its full-time employees, who are not members of another union for collective bargaining purposes. Section 8. Medical reimbursement commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: ninety five cents ($0.95) per hour for each single time hour paid; one dollar and ninety cents ($1.90) per hour for each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, i sa in stamps purchased from an applicable governmentalapproved international union of operating engineers, local 15, i sa medical reimbursement fund (hereinafter “medical reimbursement fund”). Said stamps are to be placed in the employee1 s weekly pay envelope, and shall be remitted to the medical reimbursement 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 medical reimbursement fund may determine, as well as for the organization and administration of the medical reimbursement fund. The medical reimbursement fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, 15a and one-half by the employers, pursuant to an agreement and declaration of trust. Section 9. Consolidated stamp payment to the local 15, 15a pension fund, welfare fund, vacation fund, annuity fund, apprentice fund, medical reimbursement fund and union assessment, shall be by the purchase of a consolidated stamp. Fringe benefit payment — payment of all fringe benefits will be by stamp. 15 local 15 members will comply by signing for receipt of their fringe benefit stamps to accurately reflect hours worked by the employer. Section 10. Industry advancement program commencing july i, 2020, all employers covered by this agreement shall contribute fifty ($0.50) cents for each hour of employment of engineers to the industry advancement program of the b. C. A. All employer contributions to this program shall be remitted to the office of the welfare and pension funds, which shall provide the employer with payroll reporting forms for such purpose. The office of the welfare and pension funds shall deliver all such contributions to the building contractors association industry advancement program located at 45 i park avenue south, new york, new york i 0016, the industry advancement program of the b. C. A. Shall reimbl;1rse the welfare and pension funds all expenses incurred in receiving, recording, auditing, etc. , in connection with receipts and transmittal of these contributions. The monies shall not be commingled with the benefit fund of this union. The monies shall be remitted to the industry advancement program of the b. C. A. Within fifteen ( 15) days after the end of each month. Section 11. National training fund commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: five cents ($0.05) per hour for each single time hour paid; ten cents ($0.10) per hour for each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, i sa in stamps purchased from an applicable governmentalapproved international union of operating engineers, local 15, i sa national training fund (hereinafter “national training fund11). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to the national training 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 national training fund may determine, as well as for the organization and administration of the national training fund. The national training fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa and one-half by the employers, pursuant to an agreement and declaration of trust. 16 article vii work stoppage for default in welfare and pension contributions whenever an employer is in default on payments to the welfare and pension funds referred to in article vi of this agreement and reasonable notice of such default is given to the employer, the union may remove the employees from the work of said employer. If said employees who are removed remain on the work during regular working hours, they shall be paid for lost time not to exceed three (3) days’ pay. Each employer 1 s book and payroll records shall be made available upon demand of the trustees, for audit and inspection by a representative of the trustees at the reasonable business hours. Section i. Article viii insurance/indemnificiation insurance the employer shall provide insurance in the amount of at least $ i 00,000/$300,000 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. Section 2. Each employer shall indemnify its employees against any personal liability and/or the legal fees incurred in defending against claims for personal liability arising out of the employees1 work specifically assigned by the employer provided the negligence of the employee did not contribute in any way to personal liability. Section 3. Binding subcontractors and other firms 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 interest or any successor in interest, shall be bound by all the terms and conditions of this agreement. Article ix trade and jurisdictional disputes section i. Work assignments to locals 15 and i sa shall be made in accordance with new york city green book decisions. Section 2. If machinery or equipment that customarily falls within the craft jurisdiction of local 15 and i sa engineers is modified and it then to be utilized on the project, such modified machinery or equipment shall remain within the craft jurisdiction of local 15 or i sa. 17 all work assignments relating to such modified machinery or equipment shall be made in accordance with new york city green book decisions as if the machinery or equipment had never been modified. Section j. If new machinery or equipment is to be utilized on a project by the employer, local 15 or i sa is to be advised by the employer on the proposed use of the new machinery or equipment. The employer also agrees that prior to designating or assigning any employees to operate any new machinery or equipment, the employer will meet with local 15 or i sa for the purpose of discussing the manning of same. Section 4. In the event of disputes between trades involving local 15 or i sa and disputes relative to questions of jurisdiction of trades involving local 15 or i sa, such disputes shall be settled in accordance with the “plan for the settlement of jurisdictional disputes in the construction industry including procedural rules & regulations” (the 11plan”) or any successor plan, as administered from it current location of 900 seventh street, n. W. , suite i 000, washington, d. C. 2000 i; fax (202) 775-1950. The procedural rules and regulations as provided for in the plan shall be followed for the purpose of settling the dispute. The employer does not agree, however, to settle any other jurisdictional disputes, other than those involving local 15 or i sa, pursuant to the plan; nor to assign any work other than work assignments to local 15 or i sa in accordance with the new york city green book decisions. Article x trade board section i. All complaints, disputes and differences arising under this agreement, between any trade association and the union or between any employer and any employee, shall be referred first to the joint trade board of the trade affected. Should the joint trade board fail to reach a decision, the matter shall then be referred to an umpire, as set forth in section 3 of this article x. The joint trade board, the combined trade board and 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 execution of this agreement, the trade association together with the union, shall form a joint trade board for its own trade to exercise the powers enumerated in section i above. This board shall be known by the following title: the bca- 15/isa trade board the jornt trade board shall consist of not less than three (3) or more than five (5) members to represent the employers and an equal number to represent the union. Members shall be appornted or selected to serve not less than one (i) year. Any board shall meet 18 within forty-eight (48) hours after a written request has been made to one side by the other to meet for a specific purpose. In voting, the employers as such and the union as such, shall each cast an equal number of votes and in the event of a tie vote, or failure to reach a decision, the matter shall be submitted within ten ( i 0) days to the umpire. Any and all expenses shall be equally divided between and paid for by the parties to this agreement. Section 3. The umpire shall be assigned on a rotating basis among the following arbitrators: ruth raisfeld, stan aiges, john crotty, and richard adelman. The deadlocked disputes shall be assigned in alphabetical order among those listed in the preceding sentence, and no arbitrator shall be assigned as umpire a second time until all other arbitrators have been so assigned. Section 4. Any penalties which may result from such findings or decisions, are to be determined and imposed by the association or union, as the case may be, to which the member affected may belong. Any employer member of a trade board directly involved in any case brought before the board, shall withdraw from the board until the case is settled, and an alternate shall be selected by the remaining employer members to fill the temporary vacancy. Any union member of a trade board directly involved in any case brought before the board, shall withdraw from the board until the case is settled and an alternate shall be selected by the remaining union members to fill the temporary vacancy. Section s. The trade association will provide the union with a list of its members who have designated the trade association as its bargaining agent, and who have agreed to be bound by the terms and conditions of this collective bargaining agreement. In addition, the trade association will notify the union of any changes in membership, either by the addition of new members or the dropping of members during this agreement. It is further agreed that all employer members of the trade association are bound by this collective bargaining agreement and entitled to its benefits until its termination date whether or not they retain their membership in the trade association for the full period of this agreement. Article xi drug testing effective july i, 2020, the parties agree to administer a mutually acceptable drug testing procedure at the employer’s expense when required by an owner or developer. 19 article xii validity section i. If the courts should decide that any clause or part of this agreement is unconstitutional or illegal or should any clause or part of this agreement be found contrary to present or future laws, it shall not invalidate the other portions of this agreement, it being the sole intent and purpose of this agreement to promote peace and harmony in the craft along lawful lines. Article xiii term – renewal section i. This agreement retroactive from july i, 2020, shall continue in effect until and including june 30, 2023 and during each year thereafter unless on or before the fifteenth ( 15th) day of march, 2023 or on or before the fifteenth ( i 5th) day of march any year thereafter, written notice of termination or proposed changes shall have been served by either party on the other party. In the event that written notice shall have been served, an agreement supplemental hereto, embodying such changes agreed upon, shall be drawn up and signed by june 30th of the year in which the notice shall have been served. It is agreed by all parties to this agreement, that all desired changed to the agreement will be exchanged sixty (60) days prior to the expiration of this agreement, providing it is agreed that a proposed contract change after that date may be proposed. Execution of this agreement by the bca binds all members of the bca to its terms. 20 in witness whereof, the parties hereto have caused these presents to be signed by their duly authorized representatives as of the l st day of july, 2020. International union of operating engineers, local is, isa, by: ~~k\-~ thomas a. Callahan president and business manager by: chris recor orresponding secretary 21 the building contractors association, inc. By: john o’har managing director by: chairman of the labor committee memorandum of agreement between the building contractofts association and international union of operating engineers, local 15-15a15d afl-cio the building contractors association on behalf of its members (the employer(s) and the international union of operating engineers, local 15-15a-15d (“local 15”) recently concluded negotiations for a new collective bargaining agreement to take effect on july 1, 2023 (“agreement”) in the course of these negotiations, building contractors association and local 15, 15a, 15d agree as follows: 1. ! Ej'{m_~ of the 2023 .. 201~<; ollective 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, 2023 through june 30, 2026; and shall replace the terms of the 2020 – 2023 memorandum of agreement except as specifically modified by the terms set forth in this moa, the collectlve bargaining agreement in place between building contractors association and local 15 shall remain unchanged except as follows: 2. Wages/benefts for all classif! (; _ations~ all local 15 represented engineers covered by the agreement shall receive the following increases (all calculated on the 2023 base) in the following contract years. July 1, 2.023-2 12%crane crew; 2 12%party chief; $1.00 all other classifications in the building contractors association july 1, 2024 -2 12 % crane crew; 2 12 % party chief; $1.00 all other classifications in the building contractors association july 1, 2025 – 2 12 % crane crew; 2 12 % party chief; $1.00 all other classifications in the building contractors association 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 , ate o, frloge beoeflt faodsatthe dlmetloo of loca i15. ;34t” 15 ~ f ~ij/ represented engineer shall havtl his/her wages reduced, nor his/her current job conditions modified as a result of this moa. 3. Job targeting for heaters, deep wells and water pumps traditionally maintained by local 15. 4. All en, ployees covered by this agreement shall receive eight {8) hours pay at the double time rate and the double time fringe if the said abovemnemtloned holiday is worked. If the employee works four (4) days in the payroll week from a single employer and he or she does not work the said holiday, the employee shall receive eight (8) hours straight time pay and elght~hour (8) holiday stamp. There will be no benefit fund contributions on the annuity, vacation, voluntary annuity, apprentice and/or training funds, medical re~lmbursement, pac, defense fund or lmct funds. Said member will receive a holiday stamp, which shall include welfare, pension and supplemental dues only. When a member covered by this agreement is employed in a payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hour holiday prorated stamp for each date worked in a payroll week (i. E. : one day – two (2) hours, two days – four hours, three days – six hours, four days – eight hours). During the week of thanksgiving/day after thanksgiving holidays if both holidays are not worked, employees that work one day in the payroll week shall receive 6 hours of holiday pay and five hours of holiday pay for each additional day worked that week, not to exceed 16~ hours of holiday pay. Any of the aforementioned holidays that falls 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 holiday pay. 5. ~y state paloaicj< leave-inco. Bpobate 196 language into csa local 14~14b and local 15~15a waives any right or entitlement for paid sick leave that may be provided by any city, state or federal law or regulation. The unions acknowledge the provisions of the new york sick leave act (labor law sec.196~b) and further acknowledges that employees covered under this agreement receive comparable benefits in lieu of the sick leave through the signatory employer~ contributions to the vacation fund and/or annuity voluntary fund on behalf of ~ j\< “–‘” c~mployees. ~ v ~~ the unions waive the provisions of the new york city earned safe and sick time act pursuant to nyc adm in. Code section 20~916(a) and acknowledges that employees covered under this agreement receive comparable benefits in the form of the signatory employer 1 s contributions to the vacation fund and/or annuity voluntary fund on behalf of employees 6. Nys wage the~! Lt is the intent of the parties to waive the labor law section 198 .. E, pursuant to labor law section 198-e (10). Agreed to on behalf of the building contractors association by: ,. _ a a 4jl–_.. _. , _ jo~~t; l managing director michael varrone labor committee chairman agreed to on behalf of the international union of operating engineers local 1515a-1sd, aflcio thomas a. Callahan president and business manager christopher thomas recording corresponding secretary dated dated dated dafed
