Agreement between the building contractors association, inc. And international union of operating engineers, local isd affiliated with the afl-cio july i, 2020 to june 30, 2023 no~ a1″1″‘f’lt-1~1) , – 1 – 2 3- -1″‘h-ru 6-? Jo-~o~to table of contents page article i object ……………………………………………………………………………………………………………………….. I article ii principles ………………………………………………………………………………………………………………… I article ill territory covered …………………………………………………………………………………………… 2 article iv work covered …………………………………………………………………………………………………… 2 article v hours ………………………………………………………………………………………………………………………. 3 article vi wages and conditions …………………………………………………………………………………. 4 article vii fringe benefit funds ………………………………………………………………………………………. 7 article viii work stoppage for default in welfare & pension contributions …………………………………………………………………………. 11 article ix validity ……………………………………………………………………………………………………………….. 11 article x trade and jurisdictional disputes …………………………………………………………. 12 article xi trade boards …………………………………………………………………………………………………… 12 article xii drug testing …………………………………………………………………………………………………… 13 article xiii term w renewal ………………………………………………………………………………………………. 14 this agreement dated july i, 2020 between the building contractors association, inc. , hereinafter known as party of the first part, and the international union of operating engineers, local i sd, affiliated with afl-cio, washington, d. C. , hereinafter known as party of the second part. 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 line and grade men and agree to employ such workers who are members in good standing of the union or who become members, thereof, seven (7) 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 x and xi. 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 x and xi have been exhausted. Section 6. Employers are at liberty to employ and discharge whomever they see fit, and the party of the first part shall at all times be the sole judge as to the work to be performed and whether such work performed by a member of the aforesaid party of the second part employed by it, 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 14-14b and local i 5, i sa, 15d 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-i sa and 15d 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. Article ill territory covered section i. This agreement shall apply to building construction work in the following areas: new york (i. E. , the borough of manhattan, bronx, richmond, queens and brooklyn), nassau, suffolk, westchester, putnam and that part of dutchess county lying south of the north city line of poughkeepsie, new york. The association shall provide the union with a list of its members. Article iv work covered section i. Building construction where referred to in this agreement is hereby defined as the erection of building projects. Section 2. This agreement shall apply to qualified employees customarily and regularly engaged in field survey work whether initial layout or checking. Section 3. The union will not interfere with the practices and customs of other unions affiliated with afl-cio and further shall not interfere with the work of registered surveyors without 2 limiting the rights of the union to organize such registered surveyors. Employers reserve the right to subcontract line and grade work to contractors who are in collective bargaining agreements with local 15d. Section 4. The following definition of categories shall apply: chief of party: a chief of party is a field engineer who supervises and directs one party on any one job. He is directly responsible for the layout from the taking of information from supplied specifications and plans to the direction and actual performance of layout. He shall be able to read plans and specifications, draw any additional sketches required for the performance of layout, develop and maintain survey records, do the necessary computations, keep control of layout on the job and be able to do the required duties of an instrument man and rodman. Instrument man: an instrument man is a field engineer who, under the direction of a chief of party, performs layout and runs the instruments in a party. He shall be able to set up, operate and make minor adjustments to surveying instruments, read plans and sketches and keep surveying records. He shall be able to perform the duties of a rodman. Rodman: a rodman is a field engineer who holds the rod and generally assists other field engineers (party chief, instrument man). He shall be able to operate surveying rods and be able to chain and generally assist in doing layout. Section s. Nothing in this agreement shall prevent an employee of one category in section 4 above from temporarily performing the duties of any other category and also from performing any other duties when not engaged in line and grade work. Section 6. All survey instruments such as transits, levels, theodolites, lasers, piezometers, fathometers, distomats, geodometers and any similar e. D. M. Equipment, used to establish, check or maintain line and grade, and the setting up of any robotic and laser scanning survey equipment and all gps survey equipment shall be covered by employees covered by this agreement and shall be the jurisdiction of local 15d. The term survey instrument shall not be limited to the above-mentioned equipment. Article v hours section i. (a) seven (7) hours shall constitute a day’s work. Thirty-five (35) hours shall constitute a week’s work. A seven (7) or eight (8) hour shift will be permitted at the contractors discretion as long as it is determined at the commencement of the job. 3 if an employee is laid off from his work assignment and said employee or his replacement is rehired by the employer within five (5) consecutive working days, said employee or any other employee shall be paid for the intermittent time during the layoff period. (b) a single shift shall be seven (7) working hours starting at 8:00 a. M. , meal time may be one (i) hour or one-half ( i /2) hour. ( c) when two (2) shifts are employed, the work period for each shift shall be six and one-half ( 6 i /2) hours with pay for seven (7) hours. (d) when three (3) shifts are employed, each shift will work six and one-half (6 i /2) hours but will be paid for seven (7) hours, one-half ( i /2) hour being allowed for mealtime. (e) when two (2) or more shifts are employed, single time will be paid for each shift. (f) a work week shall start at 8:00 a. M. Monday and end at 8:00 a. M. Saturday. (g) flexible start is 7:00 a. M. Or 8:00 a. M. — all engineers. Article vi wages and conditions section i. The rates of wages to be paid employees covered by this agreement shall be as follows for the period july i, 2020 through june 30, 2023. July i, 2020 july i, 2021 july i, 2022 party chief $67.94 $ 3.14 * $ 3.14 * * distribution to made mutually between the union and the employer at a future date. Instrument man july i, 2020 july i, 2021 july i, 2022 $52.72 $ 2.68 * $ 2.68 * * distribution to made mutually between the union and the employer at a future date. July i, 2020 july i, 2021 july i, 2022 rodman $33.98 $ 2.12 * $ 2.12 * * distribution to made mutually between the union and the employer at a future date. 4 all the above rates are based on a thirty-five (35) hour week. Section 2. (a) time and one-half shall be paid for all work performed in excess of seven (7) hours per day and for all work performed in excess of thirty-five (35) hours per week and for the seven (7) hours of work on saturday. Double time shall be paid for all work in excess of seven (7) hours on saturday and for all work performed on sunday and holidays. (b) it is agreed that line and grade men shall be employed at a straight-time weekly rate, except at the start and finish of employment and on employment of one (i), two (2) or three (3) days duration in any payroll week, when he shall be paid for actual days worked. On employment of four (4) day’s duration in any payroll week, he shall be paid for a full week. (c) it is agreed that the increases reflected in section i will be given to all employees covered by this agreement regardless of the fact that certain individual employees are being paid over the minimum rates of these classifications. Section 3. Holidays (a) the paid holidays to be observed are: new year’s day, martin luther king day, presidents’ day, memorial day (decoration day), independence day, labor day, columbus day, veteran’s day, thanksgiving day, day after thanksgiving and christmas day. All employees covered by this agreement shall receive seven (7) hours’ pay at the single time rate for any of the above-mentioned holidays even if occurring on a saturday. If the abovementioned holiday occurs on a sunday, it should be observed on the following monday. 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. If it is necessary for employees covered by this agreement to work on any of the abovementioned holidays, even if the holiday occurs on a saturday or sunday, compensation shall be at the double time rate. (b) if an employee is ordered out and reports on a saturday, sunday or holiday, and his services are not used, he shall receive four (4) hours’ pay at the appropriate rate for that day. Section 4. Section 5. There shall be a party chief in each field party. Engineers will snap all lines in connection with their own layout. 5 section 6. Should the job be closed down on thursday or friday for a legal holiday or for any other good or sufficient reason, then pay time shall stop on tuesday of that calendar week at 3:30 p. M. And wages shall be paid on friday or thursday, respectively, of the same week. Section 7. If there is any change in the established pay day, a notice to that effect must be posted on the job by the employer, twenty-four (24) hours in advance of such change. Section 8. If discharged during the week for any reason, men shall be paid at once on the job site. All wages payable under this agreement shall become due and be paid on the job every week. Not more than three (3) days’ pay shall be held back. Wages shall be paid at the employer’s option, either in cash or by check, provided: the check is a 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. 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 not to exceed three (3) days’ pay, provided the employee remains on the job during regular working hours of those three (3) days. Section 9. Neither party during the life of this agreement, is to adopt by-laws or attempt to enforce any working rule or regulation which is contrary to any of the clauses in this agreement. Neither shall either party attempt to enforce any working rules that have not been approved by the joint trade arbitration board. Section i 0. 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 15d. All concrete work performed in foundations such as footings or walls, shall be at the heavy construction rate for eight (8) hours per day, forty (40) hours per week. Section i i. If it is necessary for an employee covered by this agreement to work in inclement weather, the employer shall furnish their employees with adequate raingear, viz: hat, coat, pants and boots. Section 12. A man will not be required to walk more than io floors or i 00 feet, whichever occurs first, regardless of starting time. 6 section i. Article vii 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 in section 3(a) of this agreement as amended in accordance with article vi, section i on the payroll 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, 15a, i sc and i sd, (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, without further contributions from either the employer and the employee, an approved plan of coverage as required by the new york – new jersey state disability benefits law. Section 2. Pension fund contribution commencing 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 a united states treasury approved pension fund of the international union of operating engineers, local 15, i sa, i sc, i sd, (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 30, 2021, contributions for the welfare fund shall be as follows: nine dollars fifty five cents ($9.55) per hour for each single time hour paid; fourteen dollars and thirty two and one half cents ($14.325) per hour for each time and one-half hour paid; nineteen dollars and ten cents ($19.10) 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: six dollars and ninety cents ($6.90) per hour for each single time hour paid; ** any additional increases in the funds, shall come from negotiated increases due july i, 2021 and july i, 2022. No contribution shall be made on the premium portion of double time or overtime of the payroll. 7 (b) coverage of additional employees under the welfare and pension fund every present and future salaried regular employee of the union, 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 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, i sc and i sd. Coverage for the employees of the welfare fund and pension fund may be indicated in the records of the respective funds without actual payment on 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 five cents ($4.05) 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. ) six dollars and seven and one half cents ($6.075) per hour for each time and one half hour paid (includes seven and one half cents ($0.075) per hour for each time and one half hour paid for the political action committee fund) eight dollars and ten cents ($8. I 0) per hour for each double time hour paid (includes ten cents ($0. I 0) per hour for each double time hour paid for the political action committee fund. ) ** any additional increases in the funds, shall come from negotiated increases due july i, 2021 and july i, 2022. To each employee covered by this agreement working under the classification and territorial jurisdiction of local 15 and i sa in stamps purchased from a united states treasury-approved international union of operating engineers, local 15, i sa, 15d vacation fund (hereinafter “local 15, i sa, i sd vacation fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be cashed by local 15, i sa, 150 vacation fund at such times as designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of 8 local 15, i sa, 15d vacation fund may determine as well as for the organization and administration of the local i 5, 15a, 15d vacation fund. The local 15, 15a, i5d vacation fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, 15a, 15d and one-half by the employers, pursuant to an agreement and declaration of trust. Section 5. Apprentice and training funds’ contribution commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: eighty cents ($0.80) per hour for each single time hour paid; one dollar and twenty cents ($1.20) per hour for each time and one-half hour paid; one dollar and sixty cents ($1.60) per hour for each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local i 5, 15a, 15d in stamps purchased from a governmental-approved international union of operating engineers, local 15, 15a, 15d 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 local 15, 15a, 15d apprentice fund may determine as well as for the organization and administration of the local 15, i sa, 15d apprentice fund. The local 15, 15a, 15d apprentice fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, 15a, i sd and one-half by the employers, pursuant to an agreement and declaration of trust. In addition to the above, the employer agrees to pay to the training and retraining program an additional ten cents ($0.10) per hour for each hour paid. This ten cents ($0.10) per hour will be used to meet the demands set forth by the united states district court for the purpose of training and retraining minority members described in said order. Active members of local 15, 15a, 15d, pursuant to the order of the federal court, shall be able to participate in this training and retraining program in recognition of their existing contribution of twenty cents ($0.20) per hour. The total contribution of thirty cents ($0.30) per hour shall be included in the fringe benefit stamp. Section 6. Annuity fund contribution the sum of: commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay eleven dollars and seventy five cents ($1 1.75) per hour for each single time hour paid; seventeen dollars and sixty two and one-half cents ($17.625) per hour for each time and one-half hour paid; twenty three dollars and fifty cents ($23.50) per hour for each double time hour paid; ** any additional increases in the funds, shall come from negotiated increases due july i, 2021 and 9 july i, 2022. To each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, 15a, 15d in stamps purchased from a united states treasury approved joint international union of operating engineers, local 15, i sa, i5d annuity fund (hereinafter “annuity fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be remitted to the local 15, 15a, i sd 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, 15d annuity fund may determine as well as for the organization and administration of local i 5, i sa, i sd annuity fund. The local 15, i sa, 15d annuity fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa, i sd and one-half by the employers pursuant to an agreement and declaration of trust. For the purpose of this section 6, the union, pension and welfare funds, vacation fund and apprenticeship training fund shall be considered contributing employers and may make contributions on behalf of their full-time employees who are not members of another union for collective bargaining purposes. Section 7. Union assessment (supplemental dues) 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 vi herein and territorial jurisdiction of local 15, 15a, i sd and paid to said local 15, i5a, 15d after proper execution by each employee an authorization for the sum of: effective july i, 2020 through june 30, 2021: two dollars and seventy six cents ($2.76) per hour for each single time hour paid; four dollars and fourteen cents ($4.14) per hour for each time and one-half hour paid; five dollars and fifty two cents ($5.52) per hour for each double time hour paid; the membership voted to increase the supplemental dues portion of the fringe benefit stamp $0.14 per hour october i, 2006 and each year herea~er. July i, 2021 through june 30, 2022: july i, 2022 through june 30, 2023: increase of $0.14 increase of $0.14 which sums shall constitute a part of said employee’s local 15, i sa, i5d union dues. Local 15, 15a, i5d agree to indemnify and to hold harmless the employer from any and all claims, actions and/or proceedings arising out of said dues checkoff. Section 8. Consolidated stamp payment to the local 15, 15a, i sd pension fund, welfare fund, vacation fund, annuity fund, apprentice fund and union assessment shall be by the purchase of a consolidated stamp. 10 fringe benefit payment payment of all fringe benefits will be by stamp. Local 15 members will comply by signing for receipt of their fringe benefit stamps to accurately reflect hours worked by the employer. Section 9. Industry advancement program of the building contractors association, inc. Commencing july i, 2020, all employers covered by this agreement shall contribute fifty cents ($0.50) for each hour of employment of engineers by separate check to the industry advancement program of the building contractors association, inc. 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 industry advancement program of the building contractors association, inc. Located at 451 park avenue south, new york, ny 10016. The industry advancement program of the building contractors association, inc. Shall reimburse 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 funds of this union. The monies shall be remitted to the industry advancement program of the building contractors association, inc. Within fifteen ( 15) days after the end of each month. Article viii work stoppage for default in welfare & pension contributions whenever an employer is in default on payments to the welfare and pension funds referred to in article vii 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’s books 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. Article ix validity any provision of this agreement which provides for union security or employment in a manner and to an extent prohibited by any law or the determination of any governmental board or agency, shall be and hereby is of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions which hereby declared to be of no force ii or effect because of restrictions imposed by law is or are determined either by act of congress or other legislative enactment or by a decision of the court of highest recourse to be legal or permissible, then any such provisions shall immediately become and remain effective during the remainder of the term of this agreement. In the event that there shall be changes in applicable laws as to union security, the parties shall renegotiate any provisions concerning union security. Article x trade and jurisdictional disputes section i. Work assignments to local 15d 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 15d 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 15d. 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 i sd 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 15d for the purpose of discussing the manning of same. Section 4. In the event of disputes between trades involving local 15d and disputes relative to questions of jurisdiction of trades involving local 15d, 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 “plan”) 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 15d, pursuant to the plan; nor to assign any work other than work assignments to local 15 d in accordance with the new york city green book decisions. Article xi trade boards 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 2 of this article xi. The joint 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 building contractors association, inc. Together with the union, shall form a joint trade board to exercise the 12 powers enumerated in this article. This board shall be known by the following title: the bca- isd trade board the joint trade board shall consist of members as designated by the building contractors association, inc. To represent the employers and an equal number to represent the union. Members shall be appointed or selected to serve not less than one (i) year. Any board shall meet within fortyeight (48) hours after 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 this 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 agency 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 xii drug testing section i. 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. 13 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 ( 15) day of march, 2023 or on or before the fifteenth ( 15) day of march any year thereafter, written notice of termination or proposed change 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 assigned 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 changes 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. 14 in witness whereof, the parties hereto have caused these presents to be signed by their duly authorized representatives as of the i st day of july, 2020. International union of operating engineers, local 15d ~——-; : ) thomas president and business manager by7l–(j a. Callahan ~ by, d~ christopher r. Thomas recording corresponding secretary 15 building contractors association by: jj\jl john o’hare managing director by, wl ‘k fi,1~ chairman of the [abor committee memorandum ofagreement between the building contractors asociation ano international union of operating engineers, local 1515a-150 afl-cio the building contractors asociation on behalf of its members (the employer(s) and the international union of operating engineers, local 1515a-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, buildfng contractors association and local 15, lsa, 15d agree as follows: 1, i! ; b]yis of the 2023-: -2026 collectiye bargaining agreemfil: , ! J. ; the terms of this memorandum of agreement (“mon’) shall be incorporated into a new collective bargafnlng 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 collective bargaining agreement in place between building contractors association and local 15 shall remain unchanged except as follows: 2. Wages/benefts for all classifications: all local 15 represented engineers covered by the agreement shall receive the following increases (all calculated on the 2023 base) in the followlng contract years. July 1, 2023 – 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 classlffcatlons ln the bulldlng contractors association july 1, 2025 – 2 12 % crane crew; 2 12 % party chief; $1.00 all other classlficatlons in the building contractors ass<>clatlon 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 l , wage rate or fringe benefit funds at the discretion of local 15. #~”‘ 15 \ f~1), -” represented engineer shall have 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 employees covered by this agreement shall receive eight (8) hours pay at the double time rate and the double time fringe if the said above~memtloned 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 eight-hour (8} holiday stamp. There will be no benefit fund contributions on the annuity, vacation, voluntary annuity, apprentice and/or training funds, medical remimbursement, 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 em ployed 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. Ny siaijtf. !. Alo slck1. Taye~. Llicobporaje 196 language into cba loca 114~14b 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 lleu of the sick leave through the signatory employer’~ contributions to the vacation fund and/or annuity voluntary fund on behalf of t _f\c . Employees. ~ v ~’x the unions waive the provisions of the new york city earned safe and sick time act pursuant o 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’s contributions to the vacation fund and/or annuity voluntary fund on behalf of employees 6. Nys wage theft it is the intent of the parties to waive the labor law section 198he, pursuant to labor law section 198~e (10). Agreed to on behalf of the building contractors asociation by: __ a 6~-~- jo~; ; : ; / managing director michael varrone labor committee chairman agreed to on behalf of the international union of operating engineers local 1515a~15d, aflcio by: ____________ _ thomas a. Callahan president and business manager christopher thomas recording corresponding secretary dated dated dated dated
