Moa attached 2022 – 2026 local282 international brotherhood of teamsters high-rise contract 2013 – 2016 building contractors association and moa attached 2019 – 2022 independents local 282, i. B. T. 2500 marcus avenue lake success, new york 11042 (718) 343-3322 (516) 488-2822 table of contents page section 1. Duration of agreement ………………………………………………………………….. ! Section 2. Objects ………………………………………………………………………………………………….. ! Section 3. Employers bound-association authorization ………………………. . ! Section 4. Geographical jurisdiction ……………………………………………………………. 2 section 5. Union recognition ……………………………………………………………………………. 2 section 6. Heavy construction work ……………………………………………………………. 3 section 7. Hours of work and overtime ………………………………………………………. .3 section 8. Holidays ………………………………………………………………………………………………. 4 section 9. Wages ……………………………………………………………………………………………………. 5 section 10. Work preservation ………………………………………………………. , ………………… 5 section 11. Regular pay days and waiting time pay …………………………………… 7 section 12. Union business representatives ………………………………………………….. 8 section 13. Non-discrimination ………………………………………………………………………….. 8 section 14. Polygraph testing ……………………………………………………………………………. 8 section 15. Disciplinary action ………………………………………………………………………….. & section 16. Trade board ……………………………………………………………………………………….. 9 section 17. Jurisdictional dispute resolution procedure ……………………… ! 0 section 18. Welfare, pension, annuity i and job training trust funds ……………………………………………………… 10 f i section 19. Surety bond ………………………………………………………………………………………. 12 section 20. Industry advancement program ………………………………………………. 13 section 21. Check-off …………………………………………………………………………………………… 13 section 22. D. R. L. V. E ………………………………………………………………………………………………… 14 section 23. Seniority ……………………………………………………………………………………………. 14 section 24. Bereavement lea ve ………………………………………………………………………… 14 section 25. Federal and state laws ……………………………………………………………….. 14 section 26. On-site steward (“oss”) ………………………………………………………………….. 14 section 27. Maternity leave ……………………………………………………………………………… 19 section 28. Scan in/scan out ………………………………………………………………………………. 19 section 29. Shop steward ……………………………………………………………………………………. 19 section 30. Authority of unit employees, including shop stewards and on-site shop stewards ………………………………………. 20 section 31. Responsibility for vehicles ………………………………………………………… 20 section 32. Protection or rjghts ……………………………………………………………………… 20 section 33. Double breasted operation ………………………………………………………… 21 section 34. Scope of agreement ……………………………………………………………………….. 21 section 35. Name on vehicle ………………………………………………………………………………. 21 section 36. Most favored nations …………………………………………………………………… 21 section 37. Drug and alcohol testing …………………………………………………………… 21 section 38. Local 282 labor-management employee assistance program ………………………………………………………………………. 22 section 39. Joint advisory committee ……………………………………………………………. 22 section 40. Project labor agreements/site specific agreements ………………………………………………………………………………………. .23 section 41. Paid sick leave waiver ………………………………………………………………….. 23 section 42. Validity ……………………………………………………………………………………………… 23 ii i i, i high rise contract building contractors association and independents 2013-2016 agreement made and entered into by and between the employers described herein and local no. 282, affiliated with the international brotherhood of teamsters (hereinafter called the “union”). Section 1. Duration of agreement this agreement shall take effect july 1, 2013 and shall remain in full force and effect until june 30, 2016. Section 2. Objects to establish and maintain wages, hours and working conditions for the work covered by this agreement in the territory to which it applies; to prevent strikes and lockouts; to insure the peaceful 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 and jurisdictional disputes. Section 3. Employers bound-association authorization a. This agreement covers all employers in the high-rise industry consisting of general contractors and subcontractors who sign this agreement or who are properly bound by an authorized association. B. The building contractors’ association (“bca”) and any other association of employers which may become party hereto (hereinafter referred to as the “association”) have entered into this agreement on behalf of itself and all of its members. C. The association will provide the union with a list of its members who have designated the association as their bargaining agent, and who have agreed to be bound by the terms and conditions of this collective bargaining agreement. In addition, the association will notify the union of any changes in membership, either by the addition of new members of the dropping of members during the period of this agreement. It is further agreed that all employer members of the association are bound by this collective bargaining agreement in all respects until its termination date, whether or not they retain their membership in the association for the full period of the agreement. D. (1) this agreement shall apply to all present and future operations in the building construction and renovation industry in the area of the union’s jurisdiction (nyc, nassau and suffolk counties) by the employer, or by any other business entity substantially owned or controlled by the employer or by any person or persons who substantially own or control the employer, whether such ownership or control is direct or indirect. (2) each employer covered by this agreement shall notify the union in writing, no later than five (5) days after execution of this agreement, of all companies, business or operations in the industry covered by this agreement in which the employer ( or any owner, principal or manager of the employer) has a substantial ownership or managerial interest as of july 1, 1987 and shall notify the union in writing of any such interest obtained subsequent to july 1, 1987 no later than five (5) days after so obtained. (3) this agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. In the event the entire operation or any part thereof is sold, leased, transferred or talrnn over by sale, transfer, lease, assigmnent, receivership or banlauptcy proceedings, (said purchaser, lessee, transferee, assignee, administrator, executor, receiver, hereafter referred to as “successor”), the employees of the employer affected shall be employed by the successor and such operation or part thereof shall continue to be subject to the terms and conditions of this agreement for the life thereof. If the successor does not have a collective bargaining agreement with local 282 at the time of the transaction, the employees employed by the successor pursuant to the terms of this section shall be maintained by the successor as a separate collective bargaining unit, and shall not be integrated with any other employees, whether or not he successor’s employees are represented by any other labor organization. The employer shall give notice of the existence of this agreement to any potential successor. Such notice shall be in writing, with a copy provided to the union, prior to the time the employer executes a contract or transaction as herein described with any successor. The union shall also be advised of the exact nature of the transaction, not including financial details. No transaction described herein shall become effective unless and until the union has been notified in writing by the employer and the successor that the successor has agreed to assume the obligations of this agreement. (4) it is the intent of this provision to extend coverf)ge of this agreement to the maximum extent permissible, and to prevent any escape or evasion of this agreement by any means, however sophisticated, and whether or not motivated by legitimate business reasons. Section 4. Geographical jurisdiction this agreement shall apply only to the following territory within the state of new york: the five counties within the city of new york and the adjacent counties of nassau and suffolk. Section 5. Union recognition the employer recognizes the union as the sole and exclusive bargaining agent for all chauffeurs, drivers and full-time warehousemen. All employees who are members of the union at the time of the signing of this agreement shall continue membership in the union as a condition of continued employment. All other employees must become members of the union after seven (7) days following the beginning of employment, or the effective or execution date of this agreement, whichever is later, and must maintain their membership in the union as a condition of continued employment. 2 agreement: it is understood and agreed that the following employees are not covered by this (1) maintenance personnel and equipment. (2) supervisory personnel and equipment. (3) surveying personnel an equipment. ( 4) management personnel and equipment. (5) personnel of the employer moving from one jobsite to another with hand tools. Section 6. Heavy construction work if the employer performs work as a heavy construction or excavating contractor, then the employer, when performing such work, shall comply with the provisions contained in the local 282 new york city heavy construction and excavating contract, except that if the employer is performing such work in either nassau or suffolk county, then the employer shall comply with the provisions of the nassau/suffolk heavy construction and excavating contract. The new york city heavy construction and excavating contract and the nassau/suffolk heavy construction and excavating contract are incorporated herein by reference. Section 7. Hours of work and overtime a. It is agreed by and between the parties hereto that eight (8) hours all constitute a full day’s work, exclusive of meal periods, and no employee shall be employed for less than eight (8) hours in any day. Overtime shall be paid at a rate of time and one-half (1-1/2). Employees who begin to work on a sunday will be guaranteed eight hours (8) pay at double time. Employees who begin to work on a saturday will be guaranteed eight (8) hours pay at one and one-halftimes the regular rate of pay time is to be taken when arriving at commencement of work and computed when leaving at the end of the day. Employees shall have . One (1) hour for lunch or one-half(12) hour when the latter condition prevails at the jobsite. B. Starting time shall be either 7:00 a. M. Or 8:00 am. ; the precise start time for a particular project shall be established at a pre-job conference between the union and the employer. Work in excess of eight (8) hours in any one day shall be paid for at the overtime rate, to be computed in one-half(12) hour intervals. The employer may schedule a start time other than 7:00 am. Or 8:00 am. If it is directed to do so by the new york city department of buildings, or other new york state or new york city agency; in that event, the oss shall be paid at the applicable rate for the first eight (8) hours of his/her workday. Each employee must be at the job no later than the established starting time. The employer shall notify an employee before he leaves work if he is to shape earlier than the established project start, except in an emergency. An employee, notified to shape earlier than the established project start time. And who does shape, shall be guaranteed overtime for the time between the shape and the established project start time, plus the regular eight (8) hours for that day. C. (i) special condition starting time. The employer may propose the establishment of a difference schedule of starting times and/or shift assignments if special job 3 conditions are such that such different schedules are necessary and shall justify such proposal together with its effect upon maximization of job opportunities, reduction and protection of labor standards. The union’s decision to accept or reject such proposal shall be final and not subject to arbitration. (2) shift work. The union and the employer shall agree on start times for work requiring more than one shift. On projects with two shifts, each assigned oss shall work eight hours, with an unpaid 12 hour lunch break. On projects with three shifts, the oss assigned to the first shift shall work eight hours with an unpaid12 hour lunch break (e. G. , 7:00 a. M. To 3:30 p. M. ); the oss assigned to the second shift shall work seven and one-half and shall be afforded a paid12 hour lunch break (e. G. , 3:30 p. M. To 11:30 p. M. ); the oss assigned to the third shift shall work seven hours and shall be afforded a paid one-half hour lunch break (e. G. , 11 :30 p. M. To 7:00 a. M. ); in addition the seventh hour of the third shift shall be paid at time and one-half the regular hourly rate of the oss. D. Alteration repair work. When it is not possible to conduct alteration or repair work durirtg regular working hours in an occupied building, said work shall proceed on a straight time basis at odd hours with a minimum of eight (8) consecutive hours. However, when an employee works over eight hours in any twenty-four (24) hour period, the time after eight hours shall be considered overtime. Proper notice shall be given to the union of the facts and circumstances prior to the performance of work outside of normal working hours. E. Interior renovation. Notwithstanding any provisions in this agreement to the contrary, an employee assigned to interior renovation work, as it is defined in section 26, shall be paid time and one half(l-1/2) for work performed on saturday, sunday or on a holiday. Section 8. Holidays follows: the days which are to be observed as holidays under this agreement shall be as new year’s day martin luther king’s birthday president’s day memorial day fourth of july labor day thanksgiving day christmas day although holidays are hereby designated, it is understood that whatever holidays may be prescribed by governmental authority (state and federal), shall be regarded as holidays. All employees who work at least two (2) days in the payroll week in which any of the above holidays occur shall be paid for such holiday. Employees who work on holidays shall be paid at the rate of double time. Paid holidays shall be included for purposes of vacation credit. Employees employed on december 24 and december 31 who report for work on such days shall be paid afternoon holiday pay of four (a) hours each day. In the event the 4 employer is contractually obligated with the person, partnership or corporation for whom the employer is performing construction work to close down his job operations on religious holidays of any of three major faiths, catholic, protestant or jewish, the employer may shut down and his employees shall receive no pay on the days in question, provided that at the time the employer first requests or obtains employees from the union to man the said job or assigns employees presently on his payroll to perform work on the job in questions, the employer notifies the union and the men of such job requirements. The provisions of this paragraph shall not apply, however, to the paid holidays set forth in this article. Section 9. Wages all employees are to be paid the following hourly wages: effective per hour 8 hour day 40 hour week july 1, 2013 $46.01 $368.08 $1,840.40 july! , 2014 $47.01 $376.08 $1,880.40 julyl,2015 $48.36 $386.88 $1,934.40 section 10. Work preservation a. It is the intent of this agreement that, to the maximum extent legally permissible: (1) all present work in the bargaining unit shall be preserved; (2) all work previously in the bargaining unit which is no longer in the bargaining unit shall be recaptured; (3) all work which is fairly claim able for the bargaining unit shall be covered by this agreement. B. In view of the different situations affecting individual employers covered by this agreement, it is understood that the specific application of the above intent to each employer shall be in accordance with the following principles. (1) the driving of all trucks owned, operated or under the control of the employer shall be performed by employees of the employer and covered by this agreement. The union will not claim jurisdiction over station wagons, pick-up truck_s, or light panel ttucks to the extent tliat such vehicles are driven by executives, administrative staff, field supervisors, foremen, field engineers, watchmen, timekeepers, checkers, or cost engineers, who use such vehicles for personal transportation and transportation of personal property and their hand tools only. The union will not claimjnrisdiction over those vehicles which, are driven by mechanics and skilled tradesmen incidental to the trade itself with their hand tools of their trade only. In no event will men, material or equipment be transported in such vehicles. (2) the performances of all on-site truck driving on any construction job site, in com1ection with work which the employer is contracted to be responsible for, manage, or 5 perform shall be done by employees of the employer and covered by this agreement. If the employer shall contract or subcontract the job site work covered by this agreement, provision shall be made in writing (with a copy thereof immediately provided to the union) requiring observance and compliance by said contractor or subcontractor with the full terms of this agreement: in addition, the employer shall make certain that the provisions of this agreement, regarding job site work to be performed by bargaining unit employees, shall be a condition of any supply contract entered into by the employer, contractor or subcontractor. (3) any person, including but not limited to vendors, contractors, subcontractors, construction managers or agents thereof, who makes a delivery to or pick-up from a construction job site, of materials, supplies or equipment in connection with work which the employer is contracted to be responsible for, manage or perform and who, in addition to such delivery or pick-up, performs any on-site work shall be bound to observe the terms of this agreement, regardless of past practice or custom. Whenever a designated location has been established, in accordance with section 26 of this agreement, employees covered by this agreement shall perform any loading or unloading or pick-ups or deliveries that take place at such designated locations, as well as all transportation of materials, supplies and equipment between the designated locations within the jobsite. ( 4) if any other labor organization claims jurisdiction over any work required by this agreement to be performed by employees covered by this agreement, the union will proceed diligently to process the dispute through the new york plan; pending final resolution of the dispute, the employer shall assign an employee covered by this agreement to perform the work in question, whether or not any contractor or subcontractor refuses to comply with its obligation. (5) all of the employer’s own trucking requirements (other than those covered in paragraph 2 relating to on-site trucking) must be performed by employees of the employer covered by this agreement, provided that the employer may hire trucks from, or contract or subcontract such work to, an employer whose employees enjoy not less than all the economic benefits and conditions of employment set forth in this agreement, said economic benefits and conditions to be construed in the broadest manner legally permissible. (6) notwithstanding paragraphs 2 and 3, the employer may not hire outside manned trucks, or contract or subcontract any trucking, until the peak number of employees on the employer’s seniority list between july 1, 1971 and july 1, 1972 have been afforded the opportunity to work. If any of the employees on the employer’s seniority list are laid off, they shall be recalled by written notice prior to any such hiring, contracting or subcontracting. If any of the employees on the seniority list of the employer terminate their employment for any reason whatever, the number of employees necessary to maintain the lasts of its 7/1/71-7/1/72 peak strength, must be hired and employed prior to any such hiring, contracting or subcontracting. This clause shall not apply to the hiring of outside manned special vehicles, which are not available on an umnanned rental basis, provided that such vehicles may not be used to perform work which may be performed by the employer’s own vehicles or by hired, unmanned vehicles, and provided further that any such hired, manned special vehicles 6 must be hired from employers whose employees receive economic terms and conditions of employment at least equal to those in this local 282 high rise agreement unless none such are available after the union has been contacted as to the need. (7) every employer who accepts a job, whether as general contractor, construction manager (however described), prime contractor, or subcontractor, shall immediately notify the union of the job. It is the responsibility of the contractor to substantiate the value of its contract. The underlying principle shall be to provide maximum job opportunities for the employees of the employer covered by this agreement, then to the . Maximum extent permissible under law, to provide maximum job opportunities for all employees in the multiemployer collective bargaining unit covered by this agreement. The employer and the union shall discuss the lawful implementation of this job protection provision, and shall reduce their agreement to writing. If agreement cannot be reached, the matter shall be submitted to arbitration under the terms of this agreement. The character and/or amount of work demanded by an employer shall not be unreasonable nor shall it be restricted by the union, its representatives or members. The employer shall designate a person or persons in his employ who are authorized to issue directions and assignments to the chauffeurs and drivers and these employees shall not take directions from any other than a duly authorized representative of an employer. Employees shall at all times observe and comply with all general conditions pertaining to the jobsite and with all safety policies adopted by the building trades employer’s association. (8) the employer agrees that all containers utilized on the jobsite for the removal of excavated material, construction debris and materials shall be driven by persons covered by this agreement when boxes or containers are delivered to the jobsite by persons not receiving wages or obtaining conditions that are equal to or higher than those contained herein, said boxes or containers shall be manned by an employee of the employer covered by this agreement, so long as the boxes or containers are being used on the jobsite. (9) the employer will not participate in any fashion, in any scheme, device or plan ( either directly or indirectly through relatives, business associates or employees) to defeat the terms and intent of this section. Section 11. Regular paydays and waiting time pay all wages payable under this agreement shall become due on or before the end of the working day on friday of each work week. Said wages are to be paid, at the employer’s option, either in cash in envelopes, upon the outside of which shall be plainly marked the employer’s name, the employee’s name and number, the employee’s. Social security number, the hours worked and the an10unt of money enclosed, or by check provided the check is a todd insured abc system payroll check, or similar type of check, containing the same above information as is contained on the pay envelope, and that delivery of the decks to the employees shall be made at least on the day preceding a banking day. 7 ij if, for any reason, an employer terminates the services of any employee working under this agreement, then the accrued wages of the employee shall be paid to him at the time of his termination of employment; otherwise, waiting time shall be charged for accrued wages. If an employee shall, of his own violation, leave the services of an employer, then the employer may retain his wages until the next pay day. Employees shall be entitled to waiting time if not paid on regular pay day within working hours, said waiting time not to exceed eight (8) hours. This agreement is based on the principle that an employer is entitled to eight (8) hours actual work for eight hours pay. Any unreasonable failure to work these hours gives an employer the right to pay only for the hours actually worked. Each employee must be at the job site not later than the established starting time and must remain at the job site performing his assigned tasks until quitting time. Section 12. Union business representatives the business representatives of the union shall have access to the work site at all times. They shall comply with all general conditions on the jobsite and with all safety policies adopted by the building trades employer’s association. Section 13. Non-discrimination the employer and the union agree there will be no discrimination against any employee, or applicant for employment, with respect to race, creed, color, national origin, sex, age, disability, marital status, sexual orientation or citizenship status in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination, and all other terms and conditions of employment except as provided by law. Section 14. Polygraph testing no employee shall be required to take any form of lie detector test as a condition of employment. Section 15. Disciplinary action a. There shall be no discrimination on the part of either party against any employee because of union activities. B. The employer shall not discharge nor suspend any employee without just cause. In all cases involving the discharge or suspension of any employee, the employer must notify the union prior to the action being talcen. In all cases involving the dismissal or suspension of a shop steward or on site steward, the disciplinary action will not be effected unless and until an arbitrator’s decision authorizing same is rendered. C. Arbitration of such a matter may be invoked pursuant to this section by either party upon twenty-four (24) hours’ notice, and the first available arbitrator on the panel of arbitrators shall schedule an immediate hearing. If the union fails to proceed to the hearing as 8 scheduled by the arbitrator, the disciplinary action may be taken forthwith, subject to subsequent arbitration procedures: d. The employer shall notify the union of any job opening in a category covered by this agreement and shall afford the union an opportunity to refer applicants for the position. The employer shall retain the right to reject any job applicant referred by the union. In the event of such rejection, the employer shall notify the union. The union shall then have the opportunity to refer other applicants to the employer until the required number of applicants are obtained. E. If a dispute arises under section 26 concerning a contention by either party that the spirit of the agreement would be violated by the refusal of an employer to employ an oss on a particular project or by the insistence of the union that the employer is required to hire an oss on a particular project or continue his employment for a particular period of time, the employer or the union may request the assistance of arbitrator x, acting in the capacity of a facilitator/mediator. Mr. /ms. X may schedule formal hearings or informal meetings to facilitate a resolution of the matter and may, in his/her discretion, issue a written report at the conclusion of the process, whether or not a joint determination has been reached. Such report may be introduced by either party in any subsequent arbitration or other proceeding between the union and that employer. The proceeding referred to in this section is mandatory, if invoked, but does not replace arbitration. Section 16. Trade board a. All complaints, disputes and differences arising under this agreement, between the union and any employer or between any employer and any employee shall be referred first to the joint trade board. Should the trade board fail to reach a decision, the matter shall then be referred to an impartial umpire, as set forth in paragraph c of this section .. The joint trade board and the impartial umpire are hereby empowered to hear, adjust and decide the matter at issue and a decision by any one of these trade agencies shall be final and binding on all parties. B. 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 powers enumerated in paragraph a above. This board shall be known as the local 282- building contractors association joint trade board. The joint 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 appointed or selected to serve not less than one ( 1) year the board shall meet 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 impartial umpire selected, as set forth in paragraph c any and all expenses shall be equally divided between the paid for by the parties to this agreement. 9 i ! I-, ; i : c. If the joint trade board fails to agree upon the selection of an impartial umpire, he shall be selected in accordance with the rules and regulations of the american arbitration association. Any and all expenses in connection with such reference shall be equally divided between and paid for by the parties to this agreement. D. Any employer member of the 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 the 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. E. The trade board shall have the power to assess costs against any party. Section 17. Jurisdictional dispute resolution procedure a. The union or its representatives shall not order a strike or stoppage of work nor shall the employees strike against any. Employer, or collectively leave the work of an employer, nor shall any employer lock out employees prior to filing a complaint, or pending the adjustment of any existing disputes, as provided in section 15. B. The union shall not halt or interfere, in any manner, with the regular operation of an employer’s business, nor shall it suffer a cessation of work in an employer’s establishment because of any disputes or grievance, alleged or otherwise, which may exist. All such matters shall be referred to a duly authorized representative of both parties hereto and, in the event that same cannot be amicably adjusted, the matter shall be arbitrated as herein provided. C. (i) in the event a dispute arises between the union and another construction union with which the employer is a signatory, over their respective rights to perform work under the direction and control of the employer, the union shall attempt to resolve the dispute through informal discussions. (2) in the event the dispute cannot be resolved informally, the union may elect to initiate or participate in a formal dispute resolution procedure. Both unions must inform the employer in writing that they are referring the dispute for formal resolution and that each agrees to abide by the result without further appeals. If the union thus informs the employer, the employer shall take whatever action is necessary to implement a formal resolution of the jurisdictional dispute. Section 18. Welfare, pension, annuity and job tr{\ining trust funds a. Welfare. Effective july 1, 2013, the employer shall contribute thirteen dollars and fifty cents ($13.50) to the local 282 welfare trust fund (“welfare fund”) for each hour worked under this agreement during the regular work week (monday-friday), up to a maximum of forty (40) hours. Effective july i, 2014, the aforesaid contribution rate of$l3.50 per hour shall be increased to fourteen dollars and fifty cents ($14.50) per hour. Effective july 1, 2015, ji i the aforesaid contribution rate of$14.50 per hour shall be increased to fifteen dollars and sixtyfive cents ($15.65) per hour. B. Pension. During the life of this agreement, the employer shall contribute eleven dollars and fifty cents ($11.50) to the local 282 pension trust fund (“pension fund”) for each hour worked under this agreement, during the regular work week (monday-friday), up to a maximum of forty (40) hours. Contributions to the pension and/or welfare fund for work performed on saturday or sunday will be a maximum eight (8) hours for each day. Hours worked shall include paid holiday hours and paid vacation hours, up to maximum of eight (8) hours per day. C. Annuity. Effective july 1, 2013, the employer shall contribute thirteen dollars and one-quarter cents ($13.0025) to the local 282 annuity trust fund (“annuity fund”) for each hour paid at the straight time rate. Effective july 1, 2014, the aforesaid contribution rate of $13.0025 shall be increased to thirteen dollars and fifty and one quarter cents ($13.5025) per hour. D. For each hour paid at a premium rate, the employer will make the contribution to the annuity fund at the applicable premium rate. E. Job training trust fund. During the life of this agreement, the employer shall contribute fifteen cents ($.15) per hour to the local 282 job training trust fund (“job training fund”) for each hour paid, up to a maximum of forty ( 40) hours per employee per week. Nothing herein contained is intended, nor shall be construed, to prohibit the employer from continuing the practice of hiring from any source or from any training its own drivers at its own costs and expense. F. Payments to the welfare, pension, annuity and job training funds shall be made on the thirtieth (30th) day of each month covering all payroll periods which ended during the preceding calendar month. Payment forms shall be furnished by the funds prior to the fifth (5th) day of each month. An employer who fails to make payment to the welfare, pension, annuity and job training funds, or dues check-off when due, shall be subject to all the remedies set forth in section 502 (g) (2) oferisa, in an action brought in a court of competent jurisdiction. The trust agreement governing the local 282 welfare, pension, annuity and job training trust funds, as it shall be amended form time to time, is hereby made a part of this agreement with the same force and effect as if fully incorporated herein, and the employer and the union hereby agree that”, upon the execution of this agreement, they shall be deemed parties to said trust agreements. Failure of the employer to make payments of said contributions promptly when due shall authorize the union to take immediate economic action against the employer, without waiting for arbitration, notwithstanding any other provisions in this agreement. Before any action is talcen by the union or its members, the employer shall be entitled to notice in writing by certified or registered mail, return receipt requested, giving him an opportunity to make his payments within five (5) days and, ifhe fails to make the payments, then the foregoing procedure may be followed by the union or the employees. 11 ! ‘ i i section 19. Surety bond a. The employer shall provide a surety bond to guarantee payment of contributions to the welfare, pension, annuity and job training funds and dues to the union, as provided for in this agreement. Said surety bond shall be in the following amounts: an employer employing 1 to 5 employees an employer employing 6 to 10 employees an employer employing 11 to 15 employees an employer employing 16 to 20 employees an employer employing 21 to 25 employees an employer employing 26 to 50 employees an employer employing 51 and over employees $10,000 15,000 20,000 25,000 50,000 100,000 150,000 employees referred to herein shall include all persons on the employer’s seniority list. B: employers of the building contractors association shall not have to provide a surety bond to guarantee the payment of contributions to the welfare, pension, annuity, job training trust funds unless a member of the b. C. A. ‘s records are audited by the funds auditors and the records show material discrepancies in which case such b. C. A. Member shall be required to post a surety bond as set forth herein. C. In lieu of a bond to secure payment of contributions to the welfare, pension, annuity and job training funds, and dues to the union, the employer may, it and to the extent that the trustees of the welfare, pension, annuity and job training funds so authorize in writing: (1) deposit cash, in an amount determined pursuant to paragraph (a) of this section, in escrow with a financial institution approved by the trustees to be held pursuant to the terms of an escrow agreement authorized by the trustees; or (2) deliver to the trustees the personal guarantee, with such terms and conditions as may be required by the trustees in their sole discretion, of one or, more of the duly appointed officers of the employer, pursuant to which each such officer will promise to pay and to hold himself personally liable to pay to the trustees, upon demand, any contributions which the employer does not timely pay to the welfare, pension, ammity and job training funds. D. In the event that the employer subcontracts work to a subcontractor which has an agreement with the union requiring it to make contributions to the welfare, pension, annuity and job training funds (“funds”), the employer shall make a good faith effort to ensure that its subcontractor makes timely contributions to the funds, pursuant to the subcontractor’s agreement with the union. When an authorized representative of the funds informs the employer, in writing, that one or more of its subcontractors is delinquent in its required contributions to the fm1ds, the employer may withhold from those contractors an amount of money equal to the amount of the delinquency until the delinquency is cured. In no event shall the employer be liable for any delinquent payments to the funds by its subcontractors. 12 e. The employer shall not utilize a paymaster for any project covered by this agreement unless the employer is required to do so by law or otherwise. In the event that the employer is required to utilize a paymaster, then it shall only use a paymaster: (1) that is bound or otherwise agrees to be bound to the surety bond provisions of this agreement, and (2) thereafter remains in compliance with those provisions. The employer shall be jointly and severally liable for any failure on the part of the paymaster to comply with the provisions of the collective bargaining agreement with respect to any project for which the paymaster has been utilized by the employer. F. There shall be no requirement for contributions to the pension, welfare and job training funds for a holiday that an employee is paid but does not work; contributions to the pension, welfare and job training funds are required when an employee works the holiday. For bereavement leave, there will be no requirement for contributions to the pension, welfare and job training funds. Section 20. Industry advancement program a. The employer shall pay fifty cents ($.50) per hour for each hour of employment of teamsters to the building contractors association industry advancement program. For the purposes of this section 20, “each hour of employment” shall include holiday pay and paid bereavement leave. B. Payments shall be made together with welfare, pension, annuity and job training fund payments, and will be forwarded by the local 282 fund office to the building contractors association industry advancement program upon payment of collection and administrative costs. Section 21. Check-off effective july 1, 2013, the employer agrees to deduct from the wage rate of each employee covered by this agreement and to pay to the union, after proper execution by each employee of an authorization form, which form shall be furnished by the union to the employer, the sum of one dollar and seventy-five cents ($1.75) for each hour worked at the straight time rate, excluding holiday pay and paid bereavement leave. Effective july 1, 2014, the aforesaid deduction shall be increased to one dollar and eighty-five cents ($1.85) for each hour worked at the straight time rate, excluding holiday pay and bereavement leave. Effective july! , 2015, the aforesaid deduction shall be increased to one dollar and ninety-five cents ($1.95) for each hour worked at the straight time rate, excluding holiday pay and bereavement leave. In addition, the employer agrees to deduct from the wage rate of each employee covered by this agreement and to pay the local 282 building trust fund, after proper execution by each employee of an authorization form, which form shall be furnished by the union to the employer, the sum of twenty cents ($.20) for each hour worked at the straight time rate, excluding holiday pay and bereavement leave. Said sums shall constitute a part of said employee’s local union no. 282 union dues. Payment of dues checked off shall be forwarded to the union no later than the thirtieth (30th) of each month covering all payroll periods ending during the preceding calendar month. Local union no. 282 agrees to indemnify and to hold harmless the employer from any and all claims, actions and/or proceedings arising out of said dues check-off. 13 this shall be in addition to any regular monthly union dues checked off pursuant to written authorization pursuant to law. The employer will also honor voluntary written check-off authorization for the purpose of group insurance premium payments. Section 22. D. R. I. V. E. The employer will recognize a lawful, voluntary authorization for the d. R. I. V. E. Deduction from wages, to be transmitted by the employer to national d. R. I. V. E. The d. R. I. V. E. Deduction shall be made from the employee’s wages only after a duly signed authorization card has been filled out for the amount of one dollar ($1.00) per week, the employer shall forward said contributions to d. R. I. V. E. , international brotherhood of teamsters, 25 louisiana avenue, washington, dc 20001. Section 23. Seniority seniority shall prevail within each employer covered by this agreement. Seniority employees shall have the right to break in on new equipment. The shop steward and the employer shall decide the qualifications of the driver on equipment; if they disagree the matter shall be subject to the grievance procedure, in accordance with section 15. Section 24. Bereavement lea ve an employee shall be entitled to one ( 1) day’s pay for bereavement leave in the event of the death of the employee’s parent, sibling, spouse or child. Section 25. Federal and state laws the employer hereby agrees to comply fully with all laws pertaining to social security, unemployment insurance and worker’s compensation. Section 26. On-site stew ard (“oss”) a. (l) new construction. Effective july 1, 2008, an on-site steward (“oss”) shall be employed where an employer is contracted to be responsible for, manage, or perform work on a construction site and the total gross square footage of the structure to be cc: mstructed, whether or not performed by the employer or covered by its contract, is two hundred thousand (200,000) square feet or greater; effective july 1, 2010, two hundred twelve thousand five hundred (212,500) square feet or greater; effective june 30, 2011, two hundred twenty five thousand (225,000) square feet or greater; and effective july 1, 2012, two hundred thirty seven thousand five hundred (237,500) square feet or greater. (2) facade. An oss shall be employed where the total gross square footage of the structure to be constructed requires an oss under subparagraph (3) below. 14 (3) renovation. An oss shall be employed where an employer is contracted to be responsible for, manage or perform work involving the substantial renovation, rehabilitation, restoration or alteration of a previously occupied building that is not associated with new construction; one oss shall be employed on each such project according to the following schedule: effective july i, 2013 -june 30, 2016 project size 0 to 324,999 square feet 325,000 to 450,000 square feet 450,001 to infinity square feet duration of employment nooss 2 weeks for every 25,000 square feet ( calculated from o square feet) 2 weeks for every 25,000 square feet ( calculated from o square feet) provided, however, that an oss may be laid off when the particular project to which he or she is assigned is actually completed regardless of the period of employment otherwise mandated by the schedules set out above. On projects ranging 325,000 to 450,000 square feet, the oss shall be paid for forty straight time hours and shall receive no overtime payments, any other provision in this agreement to the contrary notwithstanding, except for a maximum payment of eight hours on saturday or sunday, at the applicable rates, when there is transportation of construction or building materials to, from or on the job site. An oss assigned to a renovation project over 400,000 square feet shall be entitled to payment for overtime and weekend work as provided in section 26(c)(5). Where one employer is performing renovation work for different tenants/owners at a single site, the square footage of each separate tenant’s/owner’s project shall not be aggregated for purposes of determining whether an oss shall be employed under this section. (4) an employer is required to employ an oss under this provision whether it is responsible for the work as owner, general contractor, prime contractor, subcontractor or construction manager, however its role is described. (5) hybrid/al tl: when a project involves new construction as defined in section 26(a)(l) and renovation as defined in section 26(a)(3), the oss shall be assigned based on the nature of the permit issued by the department of buildings. In the event the permit is a new construction permit, the oss shall be assigned under subsection (a)(l); if the permit is an alteration permit the oss shall be assigned under subsection (a)(3); in either event, the total square footage of the space to be renovated and the space to be constructed shall be combined to determine whether the appropriate threshold under subsection (a)(l) or subsection (a)(3) has been reached. 15 (6) residential/hospitality: (a) on projects requiring the employment of an oss that involve the construction of primarily residential units (i. E. , more than 50% of the total square feet of the project) and which are built in the bronx, queens, kings or richmond counties, the oss shall be employed from the start of construction until the end of construction pursuant to the schedule in the 2008-2013 agreement, with that total number of months reduced by 20%. For example, where the total gross square footage of the structure to be constructed is 800,000 square feet and the duration of the project of 42 months, the oss would be employed under the 2008-2013 agreement from the start of construction until five months before the end of construction, or for 37 months (42-5=37). To reflect a 20% reduction in the length ohime the oss spends on such a project, the oss would be employed from the start of construction until 12.4 months before the end of construction (42-5=37 months less 20% – 29.6 months or 12.4 months prior to the end of constructions (42-29.6-12.4)). (b) on projects requiring the employment ofan oss that involve the construction of primarily residential units (i. E. , more than 50% of the total square feet of the project) which are built in new york county and where the total square feet of the project is 750,000 square feet or less, the oss shall be employed from the start of construction until the end of construction pursuant to the schedule of the 2008-2013 agreement, with that total number of months reduced by 20%. For example, where the total gross square footage of the structure to be constructed is 700,000 square feet and the duration of the project is 42 months, the oss would be employed under the 2008-2013 agreement from the start of construction until five months before the end of construction, or for 37 months (42-5=37). To reflect a 20% reduction in the length of time the oss spends on such a project, the oss would be employed from the start of construction until 12.4 months before the end of construction ( 42 months – 5 months= 37 months less 20% – 29.6 months or 12.4 months prior to the end of construction (42-29-.6- 12.4). ( c) on projects requiring the employment of an oss that involve the construction of primarily hospitality units (i. E. , more than 50% of the total square feet of the project), the oss shall be employed from the start of construction until the end of construction pursuant to the scheduled in the 2008-2013 agreement, with that total number of months reduced by 20%. For example, where the total gross square footage of the structure to be constructed is 800,000 square feet and the duration of the project of 42 months, the oss would be employed under the 2008-2013 agreement from the start of construction until five months before the end of construction, or for 37 months (42-5=37). To reflect a 20% reduction in the length of time the oss spends on such a project, the oss would be employed from the start of construction until 12.4 months before the end of construction ( 42-5=37 months less 20% – 29.6 months or 12.4 months prior to the end of constructions (42-29.6-12.4)). 16 b. On multiple building projects, the applicable dollar square footage threshold will be deemed met on the day on which a contract is awarded for work covering a square footage that, when combined with the square footage on all other contracts awarded on the project, first meets or exceeds the applicable square footage threshold. C. (i) it is the intent of the parties that an employer and any of its subcontractors shall be considered to be a single employer for the purpose of determining any obligation to hire oss’s. (2) effective july 1, 2013, on projects requiring the employment ofan oss where the total gross square footage of the structure to be constructed is two hundred thirty seven thousand five hundred (237,500) square feet to three hundred ninety nine thousand nine hundred ninety nine (399,999) square feet, the oss shall be employed from the start of construction until three months before the end of construction as determined by the employer’s construction project schedule, as amended from time to time. Where the total gross square footage of the structure to be constructed is four hundred thousand (400,000) square feet to seven hundred ninety-nine thousand nine hundred ninety nine (799,999) square feet, the oss shall be employed from the start of construction until four months before the end of construction as determined by the employer’s construction project schedule, as amended from time to time. Where the total gross square footage of the structure to be constructed is eight . Hundred thousand (800,000) sqnare feet or greater, the oss shall be employed from the start of construction until five months before the end of construction as determined by the employer’s construction project schedule, as amended from time to time; provided, however, where a particular project exceeds eight hundred thousand (800,000) square feet and involves substantial site work or paving at the conclusion of the project, the employer and the union shall meet in a pre-job conference to determine whether the oss should remain at the job for an additional period not to exceed two months. (3) the oss shall be appointed by the union. When practicable he will be appointed from the seniority list of the employer. The oss shall function as the steward on the job site. He shall handle all grievances involving the application of this agreement on the job site. He shall be allowed a reasonable amount of time to conduct union business consistent with the concept that he is a working teamster. ( 4) the employer shall provide the oss with a desk on or contiguous to the job site. Said desk should, to the extent practicable, be located on the first floor or at street level. (5) the oss’s regular work day shall begin at 7:00 a. M. Or 8:00 a. M. And end at either 3 :30 p. M. Or 4:30 p. M. ; for the purposes of overtime assignments, however, the oss’ s work day shall begin when the first truck starts unloading or loading and shall finish when the last truck starts unloading or loading. The oss shall be employed on monday-friday during his regular work hours while there is any construction activity on the job site. On saturday and sunday, the oss shall be employed when there is any transportation of construction or building material to, from or on the job site. 17 the oss shall not be entitled to overtime or premium pay for any utility work performed by any person outside of the curb line. The oss shall be entitled to overtime or premium pay for any utility work performed by any person inside the curb line subject to the applicable trucking requirement in this subsection. An oss assigned to interior renovation work who works overtime on saturdays, sundays or holidays shall be paid at the rate of time and one-half (1 12). It shall be a violation of this agreement for the employer not to inform the oss of scheduled trucking activity taking place after hours or on weekends when the job is open and working, and not to promptly notify the oss of trucking activity taking place after hours or on weekends when the job is open and working. If the union alleges that an employer has so violated this agreement, and the parties fail to informally resolve the alleged violation, the matter shall be resolved pursuant to section 15(c). (6) onjob sites where an oss is employed, and it is practical and job conditions warrant it, deliveries shall be routed to a designated location selected by the employer. The designated location may be changed as job conditions warrant. (7) the oss shall be subject to the direction and control of the employer at all times. The oss’s duties shall include, but are not limited to, the dispatch and coordination of traffic, including operations at the loading dock or other designated areas, the receiving and processing of building and construction material at the job site, and the distribution of all materials received on the job site. (8) the oss shall not deprive employees on the seniority list of the employer, or any other employer, of their normal work opportunities. He shall not be used for the transportation of materials between job sites of the employer, without the permission of the union. (9) the employer responsible for the “core and shell” of tl1e building shall employ the oss until the termination of such employer’s obligation in accordance with the terms of this agreement. D. Where an employer acting as construction manager enters into a contract with an owner or developer to manage, facilitate or coordinate construction activities in connection with a building project that is governed by either state or municipal prevailing wage laws (“prevailing wage project” such as fuose performed for entities like those listed in appendix a, excluding federal projects), the employer shall not be required to employ an oss where their contract with the owner or developer does not require them to sign contracts with prime contractors or subcontractors also working on the project or does not assign them responsibility for “general conditions. ” where an employer holds and is responsible for contracts with other prime contractors or subcontractors working at a prevailing wage project, the employer shall be obligated to employ an oss in accordance with the terms of the collective bargaining agreement. 18 on those prevailing wage projects where the employer does not sign contracts with the prime contractors also working on the project but is responsible for the “general conditions” and the value of the employer’s individual contract for the responsibilities it has assumed for “general conditions” (which excludes any monies received for pre-construction services, payroll costs associated with management supervision and management staffing, postconstruction services, professional services, and management fees) is fifteen million dollars ($15,000,000) or more, that employer shall be responsible to employ an oss. Effective july 1, 2003 and july 1, 2004, respectively, the obligation to employ an oss shall not arise unless the employer’s individual contract (per the above) is in excess of $6,750,000 and $6,975,000. Nothing in this paragraph shall reduce the threshold set forth in the parties’ respective collective bargaining agreements for employers who are awarded prime contracts as the general contractor. The parties further agree that on prevailing wage projects only one oss shall be employed at each such site, regardless of the number of prime contractors working on the site. The employer shall provide to the union a list of the five (5) major subcontractors it intends to use on any project on which it is performing work as a construction manager or general contractor, and on which it is not required to employ an oss, no later than thirty (30) days after it commences work on such projects, or as the contracts are awarded. Section27. Maternityleave a pregnant employee shall be permitted to continue working so long as she is capable of performing satisfactorily and medically permitted to do so. The employer reserves the right to request the employee provide written statements from her doctor as to her continued employability during the last trimester of her pregnancy. An employee may elect to begin maternity leave when medically required to do so or at the end of the seventh (7th month of pregnancy, whichever is earlier, and shall return form such leave as soon as her physical condition permits, but no later than sixty (60) days after the date of delivery. If. The employee’s medical condition prohibits a return to employment by such sixtieth day, and satisfactory proof of such fact has been provided to the employer; the continued absence of the employee will be treated as any other type of extended illness would be treated, for leave purposes, by the employer. Section 28. Scan in/scan out the employer may require each oss to indicate the time that he/she reports for work and leaves work at the end of the work day by scanning an employer-issued electronic identification card/badge or by some equivalent method. Section 29. Shop stew ard a shop steward shall be appointed by the union for each employer who employs teamsters and is covered by this agreement. 19 section 30. Authority of unit employees, including shop stewards and on-site shop stew ards persons, including shop stewards and on-site stewards, are absolutely forbidden and are without any actual or apparent authority to, in any manner, interfere or threaten to interfere with the operations of any person, including. Employer signatories – or employers that are non-signatories – to any collective bargaining agreement with the union, without, prior thereto, receiving express approval for such conduct from the chief operating officer of the union. Section 31. Responsibility for vehicles a. The employer shall assume full responsibility for the condition of all vehicles operated by employees, and shall be obliged to pay any money fines which are assessed against any employee because of negligence on the part of the employer, in failing or refusing to correct any unsafe condition of a vehicle or any part thereof not properly cared for in accordance with the laws governing the same. However, the employer shall assume no responsibility in the event that the chauffeur or, driver of such vehicles neglects or fails to promptly notify the employer of such conditions, when discovered, to the employee. The employer shall not discharge or discipline an employee or refuse to hire an employee on the basis of violations or tickets received by the employee due to employer acts. B. Employees will help load and unload in the shop or at the jobsite. Where necessary to set or guide slung loads, or to perform other difficult tasks, another person (who need not be a teamster) shall assist. C. Teamster yardmen shall continue to perform their customary job. D. Employers may not lay-up trucks, layoff drivers and hire similar trucks. Section 32. Protection or rights a. Picket lines. It shall not be a violation of this agreement, and it shall not be cause for discharge or disciplinary action, nor shall such employee be permanently replaced, in the event an employee refuses to enter upon any property involved in a primary labor dispute, or refuses to go through or work behind any primary picket line, including the primary picket line of unions party to this agreement, and including primary picket lines at the employer’s place of business .. B. Struck goods. It shall not be a violation of this agreement and it shall not be cause of discharge or disciplinary action, nor shall such employee be permanently replaced, in the event an employee refuses to perform any service which his . Employer undertalces to perform as an ally of an employer or person whose employees are on strike, and which service, but for such strikes, would be performed by the employees of the employer or person on strike. 20 section 33. Double breasted operation the employer hereby agrees that in order to protect and preserve the work opportunities of the employees covered under this agreement, it shall not establish or have an ownership interest in a double breasted operation within the geographical jurisdiction of local 282, namely the city of new york, nassau and suffolk counties, or outside said area if the work is to be performed within said area. Section 34. Scope of agreement no provision of this agreement is intended to create any obligation on the part of the union which is enforceable against the union by individual employees. Section 35. Name on vehicle any truck or vehicles performing bargaining unit work or owned or operated by or on behalf of the employer must have the name of the owner of the truck prominently displayed thereon. Section 36. Most favored nations in the event the union grants to or permits any employer engaged in the same or similar business as the employer any more favorable rates, terms or work rules (hereinafter collectively refejted to as “conditions”) than are generally applicable to employers covered under this agreement, then such more favorable conditions shall thereafter be deemed to be part of this agreement and all employers covered by this agreement shall be entitled to the benefit of such more favorable conditions. In the event that the building contractors association negotiates a collective bargaining agreement witl1 any other union which provides more favorable increases in wages and/or benefits, such more favorable rate of increa, se shall automatically be applicable to this agreement and be substituted for the lesser increases provided herein. Section 37. Drug and alcohol testing effective july 1, 2013, the parties agree to administer a mutually agreeable drug and alcohol testing procedure. The parties to this agreement have agreed to participate in a department of transportation-approved drug testing program that is administered by a certified independent service and is funded by the local 282 welfare fund. The program shall remain in full compliance with all department of transportation regulations. The employers covered by this agreement may require that their employees covered under this agreement submit to drug testing in accordance with the regulations of the department of transportation. The parties further agree that, as part of this progran1, a traveling collection facility will be available to be utilized by employers whose employees are required to be tested by this agreement. 21 section 38. Local 282 labor-management employee assistance program a. Where an employer has reasonable cause to believe that an employee is a drug abuser, substance abuser or alcohol abuser, the employer can suspend the suspected abuser and require that the employee meet with the local 282 welfare fund employee assistance program director. B. The employee assistance program director will arrange for the immediate testing of the suspected abuser to determine whether the employee has a drug, substance or alcohol abuse problem. C. If the test reveals that the employee is not a drug, substance or alcohol abuser, he shall be immediately returned to work and the employer shall pay the employee for the days he would have worked during his suspension, up to a maximum of three (3) days. D. If the test reveals that the employee is a drug, substance or alcohol abuser, he will be suspended with no pay and the employee will be given the opportunity to participate in a rehabilitation program to suit his individual need under the guidance of the employee assistance program director. If the employee tests positive after successful completion of two rehabilitation programs, he shall be subject to discharge without recourse to the grievance procedure. E. If the employee completes the rehabilitation program and subsequently tests clean of drug, substance or alcohol abuse, the employee shall be returned to his previous position . With no loss of seniority. F. Should the employee fail to meet with the employee assistance program director or refuses to submit to testing for drug, substance or alcohol abuse or refuses to participate in the local 282 labor management employee assistance program or the detoxification program after testing positive for drug, substance or alcohol abuse, the employee shall be terminated without recourse to the grievance procedure contained in the collective bargaining agreement between the parties. G. The cost of testing, detoxification or other services will be paid by the local 282 welfare fund. H. It is agreed that the procedure set . Forth above shall be the exclusive procedure for resolving the disputes concerning drug, substance or alcohol abuse and testing. Section 39. Joint advisory committee the bca, cagny, and union shall establish a joint advisory committee (the “committee”) composed of an equal number of cagny, bca and union members to address issues of mutual concern that arise during the term of this agreement, including but not limited to workplace safety, industry concerns, proposed project labor agreements and the employment of an oss on construction projects subject to the “wicks law” or bid out by public agencies or quasi-public agencies like “wicks law” projects. 22 the committee shall discuss issues raised by cagny, bca or union representatives and, where appropriate, shall draft and execute agreements supplemental to this agreement which shall become binding upon the parties as if part of this agreement. The committee shall establish appropriate procedures for its deliberations. Section 40. Project labor agreements/site specific agreements the union and the employer may, in their respective sole discretion, enter into project labor agreements (“plas”) or site specific agreement (“ssas”) under circmnstances and with terms consistent with their respective approach to such matters. As between the employer and the union, the terms of any such pla or ssa shall not be binding unless both are signatories to such pla or ssa. Section 41. Paid sick leave waiver local 282, on behalf of all local 282-represented employees covered by this agreement, waives any right or entitlement they may have for paid sick leave pursuant to any city, state, or federal law or regulation. Section 42. Validity if any section of this agreement is held by a court, or other tribunal of competent jurisdiction to be invalid, or if compliance or enforcement of any section should be enjoined o r restrained, the remainder ofthis agreement shall continue in full force and effect, and the parties shall meet immediately to negotiate a substitute for the section involved. If the parties fail to agree, the matter shall be subject to grievance or arbitration and the union shall not have the right to strike. The trade board, or, if deadlocked, the arbitrator shall have the power to develop a new provision to carry out the general intent of the parties. 23 in witness whereof, the parties he; : o have set their hands and affixed their seals this ‘r) {1’l day of j c-. R-. J o-‘\ , 20 –1.. ‘2_. Building material teamsters local union no. 282 affiliated with the international brotherhood of teamsters sec. 1reas. 24 employer street address w’-1 city’ utstat lctjfb zip -~, ,.. / b / 4_, ,. -, , ~ print name ‘ nu/ii<, , title 7~ 1-/j effective date taxpayer identification number 2l; ; j. ~ e: , si -xafo phone number memorandum of agreement between the building contractors’ association, inc. And the international brotherhood of teamsters local 282 the building contractors’ association, inc, (“bca” or “employer”) and the international brotherhood of teamsters local union no.282 (”local 282″) hereby enter into a collective bargaining agreement (“agreement”) which will take effect on july 1, 2016. Bca and local 282 agree as follows: 1. Agreement: bca and local 282 shall execute a three year collective bargaining agreement which shall be effective as of july 1, 2016, and shall expire at midnight on june 30, 2019. 2. Tenns: the agreement will continue all terms and conditions of the 2013-16 high rise agreements (“expired cba”) between local 282 and the building contractors association and between local 282 and the contractors’ association of greater new york, except with those modifications reflected below. 3. On-site stewards: position will be eliminated and section 26 will be modified to reflect the terms stated in paragraph 4 of this moa. No on-site stewards employed as of june 30, 2016 shall be laid off as a result of the modifications to expired cba section 26. On-site stewards employed as of june 30, 2016 will continue their employment as on-site steward under the tenns and conditions of the expired collective bargaining agreement for the duration as specified in section 26 of the expired cba. Economic increases in accordance with paragraph 7 of this moa shall apply to such on-site stewards. 4. New section 26 – site coordinator a. A single site coordinator shall be employed where an employer is contracted to be responsible for construction work on a construction site as an owner, general contractor, prime contractor, subcontractor, or construction manager in accordance with the following employment thresholds. The role of the site coordinator shall include, but are not limited to, the dispatch and coordination of traffic, including operations at the load docks or other designated areas, the receiving and processing of building and construction material at the project site, distribution of all materials received on the project site in addition to other roles assigned by the employer subject to approval by the union. B. Site coordinator shall be appointed by the union. The site coordinator in addition to the work assigned by the employer shall function as the steward on the project site. The site coordinator shall handle all grievances involving the application of this agreement on the project site. The site coordinator shall be allowed a reasonable amount of time to conduct union business. Pago i of6 c. Threshold for employment of a site coordinator shall be as follows: 1. Commercial projects: site coordinator shall be employed on projects greater than 495,000 square feet from start of foundation until (8) eight months before end of construction as determined by the employer’s construction project schedule as amended from time to time, or when the project is completed. 2. Residential/hospitality projects subject to a project labor agreement: site coordinator shall be employed on projects greater than 375,000 square feet as follows: a. New construction: from start of foundation until (8) eight months before end of construction as determined by the employer’s construction project schedule as amended from time to time, or when the project is completed. B. Renovations: from start of project until (8) eight months before the end of construction as determined by the employer’s construction project schedule, as amended from time to time or when the project is completed. Where one employer is performing residential/hospitality renovation work for different tenants/owners at a single site, the square footage of each separate tenant’s owner’s project shall not be aggregated for the purpose of determining whether the site coordinator shall be employed under this section. 3. Residential/hospitality projects ! ! L! ! Subject to a project labor agreement: no site coordinator shall be required. 4. Fa9ade only projects: no site coordinator shall be required. 5. Core and shell commercial renovation projects: site coordinator shall be employed on projects greater than 495,000 square feet from start of project until (8) eight months before the end of construction as determined by the employer’s construction project schedule, as amended from time to time or when the project is completed. Where one employer is performing core and shell commercial renovation work for different tenants/owners at a single site, the square footage of each separate tenant’s owner’s project shall not be aggregated for the purpose of determining whether the site coordinator shall be employed under this section. 6. Residential/hospitality renovation projects not subject to a project labor agreement: no site coordinator shall be required. Puge2 of6 7. Tenant work projects subject to a project labor agreement: site coordinator shall be employed on projects greater than 375,000 square feet from start of project until (8) eight months before the end of construction as determined by the employer’s construction project schedule, as amended from time to time or when the project is completed. Where one employer is performing tenant work for different tenants/owners at a single site, the square footage of each separate tenant’s owner’s project shall not be aggregated for the purpose of determining whether the site coordinator shall be employed under this section. 8. Tenant work projects.. ! ! ! ! ! Subject to a project labor agreement: no site coordinator shall be required. 9. Projects that are governed by either state or municipal prevailing wage laws (excluding federal projects) that are! ! ! ! ! Subject to a project labor agreement: no site coordinator shall be required. The employer may self perform or hold general conditions contracts without the requirement to employ the site coordinator. 10. Projects that are governed by either state or municipal prevailing wage laws (excluding federal projects) that are subject to a project labor agreement: site coordinator shall be required on projects greater than 375,000 square feet from start of foundation until (8) eight months before end of construction as determined by the employer’s construction project schedule as amended from time to time, or when the project is completed. 11. Mixed use projects: mixed use projects shall be assigned to the commercial project threshold category c. L when the percentage of commercial use floor area, as determine by the issued nyc dob building permit, equals or exceed 40%. 12. Site work: on site work only projects that are not part ofa building project, the requirement o employ a site coordinator will be determined by section 10, paragraph b. I of the gca heavy construction and excavating contract collective bargaining agreement. Duration of employment shall be mutually agreed upon by the employer and union at the beginning of the project d. Nyc dob issued permits shall be used to determine project areas in section 26, paragraph c. E. Employer may utilize paymaster with respect to site coordinator wages and benefits f. G. On jobs where no site coordinator is required, employer ! ! Joo! Hire a site coordinator, selected by the employer, on a daily basis to perform tasks related to safety and transportation issues that site coordinator normally performs (e. G. , coordinate trucks and deliveries at the site, etc. ). Work hours i. Work hours shall be in accordance with cba section 7. 2. For purposes of overtime assignments, site coordinator’s work day shall begin when the first truck starts wtloading or loading and shall finish when the last truck starts loading or unloading. 3. Site coordinator shall be employed on monday-friday during his regular work hours while there is any construction activity on the project site. On saturday and sunday, the site coordinator shall be employed when there is any transportation of construction or building material to, from or on the project site. 4. Site coordinator will only be paid for the verifiable hours worked on the project site. Disputes for failure to employ a site coordination shall be resolved using cba section 15 trade board procedures as administered by the building contractors association. 5. The employer may use time clock or other electronic means to verify work hours of its employees. This includes site coordinator and other teamsters employed by the employer under this agreement. 6. The site coordinator shall not be entitled to overtime or premium pay for the following activities: a. Work performed by a utility outside the curb line. B. Work performed by a utility inside the curb line when there is no trucking. C. Pick-up or delivery of garbage or debris containers when the job is closed except for work performed under the gca agreement d. Pick-up of concrete cylinders. E no trucking activities are scheduled whether or not the project is open and working. F snow removal or other weather related activities provided the project is not working. Pagc4of6 5. 7. It shall be a violation of this agreement for the employer not to inform the site coordinator of scheduled trucking activity talcing place after hours or on weekends when the job is open and working, and not to promptly notify the site coordinator of trucking activity talcing place after hours or on weekends when the job is open and working. If the union alleges that an employer has so violated this agreement, and the parties fail to informally resolve the alleged violation, the matter shall be resolved pursuant to section 15(c). H. The site coordinator shall be subject to the direction and control of the employer at all times. I. The site coordinator shall not deprive employees on the seniority list of the employer, or any other employer, of their normal work opportunities. The site coordinator shall not be used for the transportation of materials between project sites of the employer, without permission of the union. J. The employer responsible for the “core and shell” of the building shall employ the site coordinator until the termination of such employer’s obligation in accordance with the tenns of this agreement. K. With respect to commercial construction on which employment of a site coordinator is required (including mixed use projects governed by the commercial construction threshold), if reasonably necessary for the employer to bid effectively against competitors who are not required to provide the same or better terms and conditions of employment as are required under the terms of this agreement, the employer may, during the term of this agreement, request that the union agree to modify the required duration of employment of the site coordinator for the specific project. Any agreement(s) reached pursuant to this paragraph shall not be precedential, and shall not establish any modification to this agreement for any other project. The union agrees to respond to any such request in good faith and in a timely manner. Local deliveries/work and area standards preservation: a. Employers to ensure the use of signatories to the applicable local 282 industry cba ( or use of those who provide their drivers with wages, benefits and working conditions no less favorable than those in the applicable local 282 industry cba) for all ready-mixed concrete deliveries and dump truck hauling. B. It shall not be a violation of this agreement for deliveries or pick-up made by members of other international brotherhood of teamster locals. Page5of6 6. Economic increase: 3.0% per year a. Straight time increases of$2.675 per hour each july i of the contract’s tenn, to be allocated among wages and benefits 7. 8. B. Increase includes actuarially required increases for welfare fund duration: 3 years (thmugh june 30, 2019) most favorite nation clause: cba section 34 shall be fully applicable to thls agreement. 9. Grievance procedures: cba section 15 grievance procedures as administered by the building contractors association shall be fully applicable to thls agreement. 10. Industry advancement program: modify the first sentence of section i 9 (industry advancement program) to pmvlde “the employer (including both bca members and independents) shall pay fifty cents ($.50) per hour for each hour of employment of teamsters to the building contractors association industry advancement program. ” 11. Bca: execution of this agreement by the bca binds its members whose names appear on the attached list to its terms. 12. Ratification: this agreement is subject to ratification by the members of the union. 13. Agreement offered to others: the union at its sole discretion may offer this agreement o other trade associations and contractors. 14. Facsimile: for purposes of execution of this memorandum of agreement, facsimile signatures shall be treated as originals. 1 1( dated this of june, 2016 for building contractors’ association, inc. J l ) . J (/t” (! -11 il–~ v’paulj. O’bfien managinit, oirector, bca page 6 or6 dated this ~of june, 2016 for international brotherhood of teamsters local 282 thomas gesualdi president, ffit local 282 memorandum of agreement between the building contractors’ association, inc. And the international brotherhood of teamsters local 282 the building contractors’ association, inc. (”bca” or “employer”) and the intematioual brotherhood of teamsters local unlon no.282 (“local 282”) hereby enter into a eo11ective bargaining agreement (“agreement”) which will take effect on july 1, 2019. Bca and local 282 agree as follows: 1. Apeement: bca and local 282 shall execute a three year collective bargaining agreement which shall be effective as ofjuly i, 2019, and shall expire at midnight on june 30, 2022. 2. Imm&: the agreement will continue all terms and conditions of the 2016-19 high rise agreement (“expired cba “) between local 282 and the bca, except with those modifications reflected below. 3. Economic increase: 3.00/4 per year a. Straight time increases of$2.915 per hour each july 1 of the contract’s term, to be allocated among wages and benefits b. Increase includes actuarially required increases for welfare fund 7. Dumtion: 3 years(throughjune30,2022) 8. Most favorite nation g! Wl”‘! ‘ cba section 34 shall be fully apphcable to this agreemenl 9. Orieyance procedures: cba section 15 grievance procedures as adminlstered by the building contractors association shall be fully applicable to this agreement. 11. Bca: execution of this agreement by the bca binds to its terms those bca members whose names appear on the attached list. 12. Ratification: this agreement is subject to mtification by the members of the union. 13. Aw’l’ljent offered to others: the union at its sole discretion may offer this agreement to other trade associations and contractors. 14. Facsimile: for purposes of execution of this memorandum of agreement, facsimile signatures shall be treated as originals. Dated this th’ ~f : : f 14 , ,. , 2019 dated this z, j’ … Of p. , ‘? I.11. -, 2019 for building co assoc, r,. Non, inc. /i ) o. , j i forintbrnationalbrotimrhood of teamsters local 282 thomas ~~ oesualdl president, ibt local 282 pesc lofl memorandum of agreement between the b: uu, ding contractors’ asbocia tion, inc, and ute intf: rnational brotherhood of teamsters local 282 brotherhood of the building contract<>rs’ ass~iati, m, inc. (“bca” , or “employer”) and the international agreement teamsters local union no,282 (“local 282”) hereby enter into a collective bargaining (“agreement”) which will take effect on . L’uly l, 2019. Bca and l! Lcal 282 agree as follows: i. Shall be effective a1m: ement: bca and local 2s2 shall execute a four year cqlleetive bargaining agreement which as of july l, 2022, and shall expire at mld11ight on june 30, 2026. , 2. Agreement 1mj: ! Y! : the agreement wm continue all terms and , conditio11s, oflhe 2-019-22 high rise (“expired cba”) between local 282 and iffllebca, , ecept w, iti~ those modlflcatlons retlected below. 3. Economic incr; eme: 3.0% p. Er year a. Straighttime lncreases of$3.17 per hour each jady i ofrhe contract’s term, to be allocllted among wages mid bej1efit8 b. Increase includes actuar-illllly required increases for welfare fund 4. Duration: 4 years (through june 30, 2026) 5. Most favorite nation clause: cba section 34 shall be fully applicable to this agreement. 6. Qrlevanq! L prpnedures: cba section 15 grl. Evance p. Roced1, wes as administered by the building contractors association shall be fully applicable ; o thi$ llgreement. 7. Bca: execution ofth.1$ ~eement by the bca 1 binds to its terms those bca members whose names appear on the attached list. 8. B, atlfication: this agreement is subjecto mliflca~ion by ~he members of the union. 9. Trade agreement associations offered to. Otflers: the union at lt8 sole discretion may offer ! His agreement to other and <: ontractors. 10. Facsimile: for purposes of exeeution of this memorandum of agreement, facsimile signatures shall be treated as . Originals. Dated this : j i ~f : : f “”‘~ .. ,2022 date1hbis zt of jvl’l , 2022 for building contractors’ asso iation, ~c. . ~u/l __ _ john ”h managing director, bca -i<ilichaelvarrone ~~l labor committee chalnnan, bca for international brotherhood of teamsters local 282 thomassualdi president, u3t local 282 pai; clofl building material teamsters local 282 thomas gesualdi president john o’hare, managing director building contractors associullon, inc. 451 park a vc. South newyork, ny 10016 june 2 l, 2022 louis bisignano secretary-treasurer ro: local 282 l-ligh rise co11’1t’act 2022-2025 deur john: while ncg<ilinting die 2022-25 locnl 282 high rise contrnct , (! Be “cb/\”) between building mnlorinl teamsters l1ic11] 282 and , the building contmclorn associntion, l! Ic. {“bca”), we discu~sed the chnllcnges posed to bca mcmbem: mploycre from 1m1mmlon 1: ons1rn. Ctfon m1111ngers and gcnernl contrnctors on so-called “open sloop” projects. We dlscmsscd these clmhcnges in the context of cba section 10, the intent ol’ which includes the prescrvntlon, pmlcclion, recnptt1rc nnd expansion of work performed by employees represented by locnl 282. As we discussed, vurious luboj’ 01g1111iwlio11ti who rc11resulll huildl11g 11ml constrnction trndesmcn, including local 282, huvc lnkcn stcjls to recapture rcsklenllnl fou111la1im1 wol’k in the high rise construction industry lhnt lms for muny yenrs now trn11ded townnl the use of non-union lnboi’. I write to confirm that locnl 282 rcnmins ct1mmitt11d lo dning its part ln such effo11s along with oilier incluslr)’ lubor orgunizations. To thut end, we hnvc ugrwd to meet 1111d participulc in good foilh discussions with employers in the excnvntion nnd ll’ucking industries 1egm, ling terms and oomlilions of empk1ymcnt for the residcntinl high rise construction murkct, nnd 1>otentlully for uddilio11nl high rise murkets on u cnsc-bycasc basis, that will assist us nil to incrense union density. With respect to residential high rise pnuects 011 which employers will compete lo serve ns construction mannger, and will 1101 perform or contrnl dmnp tmck lmuling hl nnd from the job site, we agreed tlrnt, notwllhstnnding the pmvisions of cba section hu3(4), ! ’11. ~ underlying principles of cba section io to recnpturc woj0 k may ill limes be buher served if lhc employer wih 11101 be held responsible for such dump truck lumling. To flml encl, we 11grced to give good fuith consldcrat. Ion lo employer requests for relief from such rcsptmslbili1y where the employer j5 cilmpcting with non-union entities to serve us constrnction manngcr, ! )fil’ticul! Lrly for a rcsklentiul high rise prll, ject.. Such rc<111csls, in order ln allow timely union cm1sidernlim1, should he mude befoi: e the employer is mimed construttion mmmgcr for the project in question. I l john ‘ re managing dij1c, clor l3uilding contrnclors associution, jnc. Thomns gesualdi ‘~; l~ miclu1d vnrmne, lnbor commincc chuinnun 131l’ildlng con1mctors ass\lciulion, inc. 2500 marcus avenue, lake success, new yori< 11042 (516) 480,2822 (718) 3433;122 fox (516) 488-4805
