BCA MTDC CBA 7.1.2021 thru 5.31.2025

2021-2025 trade agreement between building contractors association, inc. And mason tenders district council of greater new york collective bargaining agreement this collective bargaining agreement (hereinafter “agreement”) is entered into by and between the undersigned building contractors association, inc, (hereinafter “association”) on behalf of its constituent employers (hereinafter “employer(s)”) and the mason tenders’ district council of greater new york, affiliated with the laborers international union of north america, (hereinafter “union”), for its constituent local union numbers 78 and 79. Article i section 1. — the union claims and has shown proof, and the association and all employers acknowledge and agree, that a majority of employees for each and every employer have authorized the union to represent them in collective bargaining. The association and all employers hereby recognize the union as the exclusive bargaining representative under section 9(a) of the national labor relations act for all employees who perform work covered by article iv of this agreement on all present and future job sites. Section 2. — this trade agreement is effective on all jobs in greater new york city within its established boundaries. Section 3. — ln the event the association terminates or otherwise fails to maintain a collective bargaining agreement with general building laborers’ local 66 covering the work of mason tenders in nassau and suffolk counties new york, it shall provide immediate notice to the union which shall retain jurisdiction and bargaining authority to negotiate rates and other terms and conditions of employment with the association for all such work. Article ii section 1 . — no employer shall enter into a contract with any other person, firm, partnership, corporation or joint venture employing mason tenders to perform bargaining unit work as defined in article iv on the same job site, unless such other person, firm, partnership, corporation or joint venture is bound by an agreement with the union. Section 2. — the employer shall not subcontract “on site” bargaining unit work as defined in article iv unless the employer receiving the subcontract has an agreement with the union. In the event that any subcontractor of the employer is delinquent in the payment of contributions to the fringe benefit funds set forth in article vi (“funds”), the employer, upon written notice from the union or the funds, shall withhold such delinquent sums from payments owed to the subcontractor with respect to the affected job, and upon request of the union or funds provide written notice confirming such withholding. Such notice from the funds or the union shall indicate the sums owed by the subcontractor[s] for work performed at the specified site of the employer, and the employer shall be required only to withhold sums owed by the subcontractor for work performed on that specific site (and from payments due to the subcontractor for work performed on that specific site). The subcontractor, by this agreement, authorizes the withholding of these sums and further authorizes the employer to pay such delinquent amounts directly to the fringe benefit funds. If the subcontractor fails to object in writing to the payment of such monies to the fringe benefit funds within ten (10) days of its receipt of written notice of the union’s or fund’s invocation of rights under this section, monies required to be withheld shall be paid directly to the fringe benefit funds. If the employer is given written notice within the required period that the allegedly delinquent subcontractor disputes owing any portion of the amounts that the union or the funds claims is delinquent for work at the specified site, the employer shall continue to withhold the sums, but need not forward to 2 the funds the amounts claimed to be owed until the earlier of either: (i) the subcontractor acknowledges the amount due or otherwise consents to the employer’s payment of the monies to the funds, or (ii) the union or the funds either submits to the employer the results of an audit conducted by a third-party qualified auditing firm supporting the funds’ or union’s claim with respect to the amounts owed by the subcontractor, or the subcontractor refuses to allow the union or funds to conduct such an audit. Section 3. — without limitation to other provisions of the agreement regarding subcontracting, an employer that subcontracts general conditions work of any type must subcontract all general conditions work on the site at issue and do so pursuant to a single subcontract agreement. In any such case, it shall follow (and require the subcontractor to follow) the provisions of article ill, section 3 applicable to paymasters. The preceding shall not prevent a bca-member employer that is utilizing a sca-signatory paymaster from employing one “key employee” on the site provided: i) counting the key employee, the two bca-member employers are employing at least three (3) mason tenders in total at the site (including a shop steward), and ii) all overtime work performed on site is divided equally between the shop steward and the key employee. Section 4. — the employer agrees that it will not subcontract any work covered by this agreement in order to circumvent the payment of wages and fringe benefits and the working conditions provided for in this agreement. The employer and the union hereby agree to the elimination of lumping. Section 5. — lf an employer covered by this agreement, or owners or principals that have a controlling interest in the employer, forms or acquires by purchase, merger or otherwise, a controlling interest, whether by ownership, stock, equitable or managerial, in another company performing bargaining unit work within this jurisdiction, this agreement shall 3 cover such other operation and such other bargaining unit employees shall be considered an accretion to the bargaining unit. Section 6. — lf an employer covered by this agreement, or owners or principals that have a controlling interest in the employer, forms or acquires by purchase, merger or otherwise, a controlling interest, whether by ownership, stock, equitable or managerial, in another company performing bargaining unit work within this jurisdiction, this agreement shall cover such other operation and the employer and such other company shall be jointly and severally liable for each other’s obligations under this agreement .. Section 7. – in order to protect and preserve, for the mason tenders covered by this agreement, all work heretofore traditionally performed by them under this agreement, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: if and when the employer shall perform any work set forth in article iv of this agreement, under its own name or under the name of another, as a person, company, corporation, partnership, or any other business entity, including joint venture and/or sole proprietorship, wherein the employer exercises a significant degree of ownership, management and/or control over such other business entity, the terms and conditions of this agreement shall be applicable to all such work: (a) where the two enterprises have common management, business purpose, operation, equipment, customers, supervision and/or ownership; and (b) where there exists between the employer and such other business entity, interrelation of operations, and/or centralized control of labor relations. 4 article 111 section 1. — a) it shall be a condition of employment that all employees of the employer who perform work covered by article iv of this agreement shall become or remain members in good standing of the union or shall pay uniform initiation and agency fees on or after the eighth (8) day following the date of execution of this agreement, or after the eighth (8) day following the beginning of covered employment. The union agrees that all employees will be accepted to membership or its roster of eligible laborers on the same terms and conditions generally applicable to other members or laborers on its roster of eligible laborers and, further, that the employer will not be requested to discharge an employee for reasons other than such employee’s failure to tender the periodic dues or fees uniformly required. B) the local union shall have the right to collect a reasonable fee for inclusion on the roster of eligible laborers from all persons who are not members in good standing of the union or are not tendering uniform initiation and agency fees uniformly required. Said fee shall be collected to cover the reasonable cost of maintaining the roster of eligible laborers. At the earliest date permitted by law, a person who has paid said fee to be included on the roster of eligible laborers and is referred to an employer shall tender to the union upon acceptance for employment by the employer the uniform initiation and agency fees uniformly required. C) the employer agrees to discharge, upon receiving seven (7) days’ written notice, signed by the secretary-treasurer of the union, any employee with respect to whom such notice may state that such employee has failed to tender uniform initiation and agency fees uniformly required, provided that said written notice is also provided to said employee and that said employee has not paid the required initiation and agency fees within seven (7) days of the date of the written notice. The union shall indemnify and hold the employer harmless for any financial liability arising from the employer’s compliance with such notice. 5 section 2. — a) the employer shall, on forty-eight (48) hours written notice, advise the union of all jobs on which its employers will employ mason tenders, giving all of the pertinent data to the union with respect to the type of work to be performed. The employer agrees that all mason tenders hired to perform the work set forth in this agreement, within the geographic jurisdiction of the union, shall be listed on the roster of eligible laborers maintained by the union. The roster of eligible laborers shall be composed of all individuals that are members in good standing of the union or agency fee participants. B) the first mason tender on the job site shall be selected by the employer. The second employee on a job site shall be a working shop steward appointed by the union. The next five (5) journeymen mason tenders on a job site shall be selected by the employer. Commencing with the eighth (81h) journeyman mason tender on a job site: 50% of all journeymen mason tenders may be furnished and referred by the union to the employer from the out of work list and 50% shall be selected by the employer. All employees hired by the employer shall be listed on the roster of eligible laborers. (see attachment a) c) all shop stewards shall be certified shop stewards designated by the union as eligible for shop steward service, as defined by this agreement and the policies and procedures of the union governing the appointment of shop stewards. An employer may request the appointment of a particular mason tender satisfying these requirements to serve as the shop steward on a job, which request shall not be unreasonably denied. However, the union shall have the ultimate authority to appoint and /or remove all shop stewards. The union shall not be required to entertain an employer’s request for the appointment of a particular mason tender as the shop steward on a job where the employer is serving as a paymaster. With notification to the union, the employer shall be permitted to reject a shop steward for cause if the shop steward was previously employed by the employer or to discharge a shop steward for cause. 6 d) irrespective of the above subparagraphs b) and c) of this section, the fifth mason tender on the site, and each fifth mason tender on the site thereafter (i. E. , fifth, tenth, fifteenth and so on), shall be an apprentice. However the employer may request that either the third or fifth mason tender on any job site shall be an apprentice, with the approval of the union. When the employer requests an apprentice as the third mason tender on the job site, the tenth mason tender on the job site and each fifth mason tender thereafter, shall be an apprentice. F) there shall be a joint apprenticeship training committee (“jatc”) charged with direction of the apprentices. The employer agrees to and shall be bound by all terms and conditions of the jatc documents creating the jatc and by any rules or by-laws adopted by the jatc, as they may be amended from time to time. Further, effective july 1, 2003, or at such time as the union determines in its sole discretion thereafter, the union shall have the authority to implement a mandatory apprenticeship program pursuant to which all mason tenders on any job shall either be credited as journeymen by the jatc, or designated and enrolled as apprentices in the jatc administered program. The employer hereby agrees to abide by all rules and regulation, and amendments thereto, of the union and the jatc concerning the implementation and maintenance of the mandatory apprenticeship program. To the extent that any rules and regulations of the jatc or of mandatory apprenticeship program contradict the terms of this agreement, the terms of the jatc documents and mandatory apprenticeship program shall be fully incorporated herein and shall control. G) the employer may, for a period not to exceed two (2) days during the last two weeks of a job, increase the size of the workforce on the job site without requesting matching employees from the union provided that these mason tenders are listed on the roster of eligible laborers. H) no individual may serve as a shop steward on two job sites simultaneously. 7 i) in the event the employer fails to report three (3) job sites during the term of this agreement, as provided by subsection 2(a) of this section (including, but not limited to, if he does so while serving as a paymaster for a bca contractor on a job) then: i) the employer shall select the first mason tender from the roster of eligible laborers, the second mason tender on the job site shall be a shop steward appointed by the union, and commencing with the third mason tender on a job site, 50% of all employees shall be furnished and referred from the out of work list and 50% shall be selected by the employer from the roster of eligible laborers; and ii) on any job sites where the employer serves as a paymaster the provisions of article 111, section 3(b)(iii) shall apply except 100% of the mason tenders shall be furnished and referred from the out of work list (other than the foreman who shall be the second mason tender on the job). J) the employer shall have the absolute right to reject any job applicant or applicants referred by the local union, with the exception of the shop steward, who can only be rejected pursuant to the procedure set forth in subsection d) of this section. In the event of any such rejection[s], the local union will refer another applicant or applicants to the employer. K) in the event that any applicable statute is enacted or any decision rendered by a court or administrative agency having jurisdiction thereof, which statute or decision permits union security or hiring provisions more favorable to the union than those contained herein, then the parties hereto shall meet and amend this trade agreement so as to give the union the maximum benefits permitted by such statute or decision. I) there are certain existing mutual understandings among the mason tenders, concrete workers and lathers, respectively, which apply to the borough of richmond and which shall be considered part of this trade agreement. Accordingly, the employer agrees that in the borough of richmond the handling of lathers materials and the tending of plasterers is the work of the mason tenders. Wage rates and the rate of 8 contributions for the performance of such work shall be the rates provided under this trade agreement. M) unless amended by local 79 through modifications of its standard hiring hall rules, within 12 months of being referred to an employer pursuant to the regular referral procedures set forth in the hiring hall rules, an applicant may be individually requested in writing by such employer, and will be called first for such referral, provided that the applicant’s preferences as stated on his most recent job referral form comply with the criteria of the job at issue. Section 3. – lf the employer is serving as a paymaster on a job site: a) the following provisions shall supersede any inconsistent provisions of this agreement, irrespective of the identity of the entity for which the employer is serving as a paymaster (the “paymaster client”): the employer acknowledges and agrees that it and the paymaster client are joint employers and one another’s agents for all work performed at the site. The companies in the paymaster relationship shall be jointly and severally liable for all violations of this agreement committed by either, whether acting independently or in concert, including but not limited to any action taken by either in violation of the provisions of this agreement prohibiting the subcontract of on-site work to entities not bound to a collective bargaining agreement with the union. B) and the following provisions shall supersede any inconsistent provisions of the agreement depending on the identity of the paymaster client: 9 1. If the paymaster client is a member in good standing of the bca, the regular staffing requirements of article ill of the bca-mtdc agreement shall not be superseded. Ii. If the paymaster client has a collective bargaining agreement with the union other than the bca-mtdc agreement, the staffing provisions of the standard collective bargaining agreement then in effect between the union and the independent employers (the “independent agreement”) shall apply. Iii. If the paymaster client does not maintain a collective bargaining agreement with the union (a “non-union paymaster client”) then; 1. The provision of any paymaster services/labor to a job must be preapproved in writing by the union. Once approved, the union may not subsequently withdraw such approval for that job. 2. Staffing of a duly approved job shall be governed by the independent agreement, with the addition that the first mason tender on that job site shall be a shop steward referred by the union, and the second mason tender on the job shall be a foreman. Further, the shop steward shall be employed to tend the trades when work of any kind is being performed at the site and shall be employed for the duration of the job. 3. The employer shall be prohibited from providing paymaster services/labor or otherwise applying the agreement on any job not approved by the union. The agreement shall not apply to any work performed without the union’s written approval, and the union may, at its discretion, establish a lawful primary picket line at any such job. 4. In addition to other consequences following from an employer’s provision of paymaster services or labor to a job not duly approved by the union, it shall be liable in a grievance payable to applicants on the local 79 out of work list for all hours worked at affected site[s] and shall further be required on all of its jobs commencing thereafter (irrespective of the paymaster client) to accept for employment 100% of all mason tenders it employs through referrals from the local 79 out of work list. An employer 10 will be considered to have improperly provided paymaster services and/or labor on not duly approved jobs, for among other reasons, if it submits fringe benefit contributions on behalf of mason tenders who do not appear on shop steward reports, and it fails to promptly respond to a request by the union to submit ordinary course business records establishing that such mason tenders were erroneously excluded from shop steward reports. Iv. Notwithstanding any allowances to provide labor or services as a paymaster otherwise set forth in this agreement; i) no employer serving or providing labor as a paymaster may apply the residential and hospitality terms (sideletter #1) for a non-union paymaster client which is not a member in good standing of the bca except as permitted by decision of the target committee (side letter #2); and ii) no employer may serve or provide labor as a paymaster for an employer which was previously a member of the association, irrespective of when the job commenced. The enhanced enforcement mechanisms and remedies of article ill, section 3(b)(iii)(3) and (4) above shall apply with equal force and effect to services performed or labor provided by a paymaster in violation of this subsection. Section 4. — 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, handicap, veteran status, marital status, religion, sexual orientation, affectional preference, disability, citizenship status, concerted activity or union membership 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. The preceding shall not be construed, however, to waive any procedural or substantive rights of employees under otherwise applicable law. 11 article iv section 1. — the employer shall exclusively employ mason tenders to perform the following work: a) unloading of materials to fence in a job site or the cleaning and sweeping of sidewalks or their maintenance, or the erection and maintenance, of safety equipment, barricades and flags, from the inception of the job to its completion. B) jacking up of trailer offices or the erection and dismantling of shanties on the job site, as well as maintaining and cleaning such structures, or the opening and closing of a construction site for the purpose of providing access to the job site or work areas for deliveries of material, equipment and machinery. When a mason tender is otherwise employed on the job site and is called in to perform his or her normal duties covered by this agreement, this work shall include, but not be limited to the opening and closing of all fences, gates, chains and temporary doors used to control general access, but shall not include the opening and closing of gates or doors reserved exclusively for personnel or controlled by supervisory personnel. Mason tenders shall be responsible for the flagging of all trades and the public. C) installation and maintenance of temporary heat in trailers, shanties, or temporary toilet facilities on the job site, or the heating of masonry materials for installation during the winter. D) installation and maintenance of fire preventive equipment, including fire extinguishers on the job site. E) assist the project engineers at the inception of the job to perform the routine marking of locations for the placement of temporary facilities and signs. 12 f) tending masons or bricklayers on construction jobs of every nature and description including bridges, tunnels and sewer jobs. G) mixing and placing concrete in the foundations for masonry bearing walls and foundations for structural steel, frame, or stone buildings, according to the international union ruling of january 28, 1948. H) do rough concrete of the cellar floor to the underside of the finished concrete cellar floor, except where reinforcing is used. I) wheel or carry materials in or about the job (construction, reconstruction, remodeling or alteration) or assist in the preparation of masonry materials to be used by mechanics, whether such preparation is by hand or by other process, or supply, convey, stock pile, clean, load or unload material which has not otherwise been awarded to other trades, whether by hand or any other mechanical device, including the operation of fork lifts when used at levels not in excess of nine (9) feet. J) clean or scrape mortar or plaster or spackle or debris of any kind or type from windows, door bucks, window frames, or do rough cleaning only (except the cleaning in connection with the removal of protection) of porcelain and china bath fixtures or clean floors or refuse and deposit in chute or in trucks until the building is completed; it is agreed, however, that removal of the debris resulting from the cleaning and removal of protection from the porcelain and china bath fixtures is the work of the mason tender. K) moving, placing, removing, installing, maintaining and stocking of temporary sheeting of floors or runways or scaffolds for use of bricklayers and mason tenders or any other employees on the job site or helping carpenters on handling and erection of fences and all protection work on the job site, and the application, maintenance and removal of all protective materials (grease, paper and tape, etc. ) used to protect finished 13 surfaces of elevators, door bucks, window frames, doors etc. , during construction, ( except the protective materials applied prior to delivery to the job site). It is agreed, however, that the removal of debris resulting from the removal of protective materials applied prior to delivery to the job site is the work of the mason tender. When any material other than wood is used for perimeter protection, i. E. Cables, pipe, etc. , the installation and removal of said material is the work of mason tenders. I) erect or remove scaffolds and runways for the use of bricklayers, masons or mason tenders, or any other employees on the job site, or erect or remove runways for the placing of concrete in accordance with paragraph (g) or erect or remove planking on all scaffolds. M) hanging centers for the use of bricklayers, where hollow tile or brick arches are used, and pour rough concrete on republic or kahn arches. N) work hand pumps for all work covered by this agreement when the employer elects to do the pumping by hand. O) operate mortar or concrete mixers other than those driven by steam or compressed air, for work covered by this agreement. P) operate pumps not driven by steam or compressed air for all work covered by this agreement, except where five (5) or more pumps are being used on any one operation. Q) alteration work, including but not limited to the removal of partitions, ceilings, walls, all floors, floor coverings, fixtures, reinforced concrete floors, and ducts, any of which are not to be re-used, and the removal of walls which have been erected by bricklayers or plasterers. 14 r) cleaning and removal of all combinations of masonry rubbish in remodeling or alteration work. S) cutting or opening walls of any thickness. T) mason tenders shall strip all forms and cut concrete, whether performed by hand or machine, when mason tenders pour concrete. U) placing steel forms, wooden forms, or any other forms for concrete foundations where said work has been awarded to mason tenders. V) loading or unloading materials for bricklayers and materials for mason tenders to and from trucks at the job site, except that the driver may assist such loading and unloading. W) the tearing down of work, chopping and removal of all debris on all alteration or remodeling projects. X) tending, maintaining, unloading, stockpiling, handling, distribution and relocation of temporary heat devices, of every description, on the job site to permit the continuation of work by all trades shall be the exclusive work of the mason tenders from the inception to the completion of the job. If any local law or administrative code requires other trade personnel to perform work traditionally performed by such trade, a mason tender shall not be required to perform such work. The work of mason tenders shall include the unloading, stockpiling, distribution, tending and relocation of the devices as directed by the employer and shall be given the broadest possible interpretation to ensure the maximum amount of work involved with and incidental to temporary heat devices is assigned to mason tenders. If any party to this agreement uses canvas or plastic covers over open spaces to permit the continuation of work on the job site, the mason tenders shall install and maintain the canvas and plastic coverings as necessary. All such work 15 performed between midnight sunday and midnight friday shall be compensated at straight time rates if the mason tender has been employed on a regular shift of eight consecutive hours. All work in excess of such eight hour shift or during the weekend period, midnight friday through midnight sunday, and on stipulated holidays shall be compensated at time and one-half. Y) mason tenders shall be employed as bell ringers on material hoists. There shall be two mason tenders so assigned. One shall be stationed at the bottom of the hoist and the other mason tenders on the floor where work is in progress. Mason tenders shall assist in loading or unloading all material onto and from the hoist and shall be in sole charge of signaling the engineer for hoisting such materials, when necessary, whether by bell, radio or other methods, and shall be in absolute control of the signaling rope for raising or lowering the hoist from floor to floor. Z) mason tenders shall also continue to do all the work which they have performed in the past. Aa) tending and assisting the erection, construction or installation of precast or prefabricated masonry panels. Bb) all cleaning and removal of debris, rubbish and refuse of any type and kind for all trades on all jobs. Cc) final construction cleaning operation on any construction project or part thereof before the project or any part thereof is turned over to the owner. Dd) unloading, handling and assisting in the setting of precast sills and coping where mechanical equipment is not used. 16 ee) as determined necessary by the employer, mason tenders will be used to perform fire watch/guard. Ff) any work assigned to the union by any jurisdictional dispute resolution procedure to which the union and any other trade are lawfully bound. Section 2. — the employer shall exclusively employ mason tenders to perform the following work: the removal, abatement, encapsulation or decontamination of asbestos, lead or other toxic or hazardous waste or materials which work shall include, but not be limited to: the erection, moving, servicing, operation, and dismantling of all enclosures, scaffolding, barricades, decons, negative air machines; vacuum trucks, blasting and scraping equipment, chemicals and chemical applying equipment, and any other tools, equipment or materials used in the removal, abatement, encapsulation or decontamination of asbestos, lead or other toxic or hazardous waste or materials, as well as the servicing and operation of tools and performance of all work related to the sorting, labeling, bagging, carting, crating, packaging and movement of such asbestos, lead or other toxic or hazardous waste or materials for disposal; the movement and/or transportation and disposal of such asbestos, lead or other toxic or hazardous waste or materials to any authorized disposal site; the clean up of the work site and all other work and stand-by time incidental to the removal, abatement, encapsulation or decontamination of such asbestos, lead or other toxic or hazardous waste or materials; and the performance of safety watch duties in containment. Section 3. — the employer shall exclusively employ mason tenders to perform the following work: 17 complete demolition (wrecking), dismantling, remodeling or alterations of entire buildings or structures, in whole or in part, of any size, type (reinforced concrete, structural steel, wall bearing, wood), or purpose (commercial, non-commercial, residential, industrial, institutional, transportation), or the complete demolition (wrecking) of any portion of all buildings or structures. This work shall include, but not be limited to, the following: a) all manual work involving the tearing down, breaking away, disposal of, and/or removal from, the job site of any and all building materials, whether debris or salvaged materials, used in the construction of all buildings or structures (concrete, terra cotta, brick, mortar, plaster, structural and ornamental lumber, roofing materials of any type, natural or manufactured stone, ornamental iron, lath, reinforcing rods, floors and flooring materials), and structural components (wood, steel or beams of any material); b) the complete removal of one or more stories from a building or structure when said building or structure is to be shorted in a height; the gutting of the interior of a building or structure by the removal of a partition and/or flooring; the demolition of any wall or walls of any building or structure, regardless of whether and/or where the walls are to be rebuilt, the removal of partitions and arches, or parts thereof, from one or more floors in any building, or structure, which is being renovated or remodeled; the removal of brick or concrete walls or walls to be rebuilt in their original position; and the removal of concrete walls which are to be rebuilt in a different position for the purpose of shortening the length or width of a building when said brick or concrete walls are to be rebuilt; c) the breaking away, cleaning and removal of all masonry and wood or metal fixtures for salvage or scrap; all hooking and signaling when materials for salvage or scrap are removed by crane or derrick; all loading and unloading of materials carried away from the sight of wrecking; all cleaning, storing, stockpiling or handling of materials; all tearing down of work, removal of all debris, clean-up, burning, back-filling and landscaping of the site of the wrecked structure; 18 d) the use of any and all tools and/or equipment necessary to perform this work including, without limitation, shovels, picks, bars, hammers, sledge hammers, chisels, electrically, power and pneumatically operated hand tools uack hammers, all saws and cutting tools, including reciprocating and skill saws, chipping guns, drills, spaders, etc. ); e) the use of all manually operated equipment used to raise, lower, or hoist any and all equipment, tools or materials used to perform this work or to remove any and all debris or salvaged materials; all cutting of any metal material, salvage or debris on the job site, whether by manual, mechanical, or the use of acetylene and oxygen burning equipment; f) any and all hazard protection work used to protect mason tender employees, equipment, tools and materials and other employees on the job site, and/or the public from any damage or injury, or threat thereof, resulting from the performance of any of the work in this paragraph; g) all work involving the providing of temporary heat of any kind for any purpose for the continuance of mason tenders to work on the job; h) all foul weather protection to permit the continuance of work for mason tenders or other employees on the job site, to include the removal of ice and snow, when necessary on the job; i) the cleaning and maintaining of all sidewalks, bridges, and public access areas; j) all work involving the erection, maintaining, and dismantling of all scaffolding used by mason tenders, or built for other trades, including the unloading and removal of all scaffolding material on and off the job. 19 section 4. — mason tenders shall also continue to perform all work traditionally performed for employers by members of former liuna locals 30 and 95. Section 5. — the term “mason tender” as used in this agreement includes all employees who perform work as described in article iv of this agreement and any other work awarded or assigned to the union by agreement, award or act of the laborers international union of north america or the afl-cio. Section 6. — the parties agree to follow and be bound by the new york plan for the settlement of jurisdictional disputes, until such time, if any, as the bca is no longer bound to it by virtue of its membership in the btea. Article v section 1. — a) the employer shall have the option to stagger start times between 6:00 a. M. And 9:00 a. M. For the regular work-day with the understanding that such flexibility does not change the existing obligations or practices governing the presence of a shop steward. The employer may schedule a single crew of mason tenders to start work prior to the start-time for the regular work force, provided both crews start between 7:00 a. M. And 9:00 a. M. On interior jobs only, a single crew working a second shift may commence work beginning between 11 :00 a. M. And 1 :00 p. M. With enhanced “differential” compensation as set forth in article v, section 1 (f) below. The employer may change the start times on a job, provided such new start times shall remain in effect for at least five (5) days. The individual designated as the shop steward shall be employed whenever mason tenders are working. 20 b) with prior notification to the local, the employer shall have the option to increase the length of the regular work day from seven (7) hours in a twenty-four (24) hour period to eight (8) hours in a twenty-four (24) hour period, provided such increase in the work day shall continue for at least five (5) days on the job site. C) mason tenders tending a hoist may be scheduled to start ten (10) minutes before the regular hour so as to permit other employees to start at the proper starting time. The same consideration shall be allowed to these mason tenders at quitting time. Five (5) minutes shall be allowed to mason tenders before 1 :00 p. M. For tempering of mortar left in the tubs during the noon hour. The regular working hours and regular working days of mason tenders shall coincide with the regular working hours and days of bricklayers and should there be any change in the regular working hours and or regular working days in the bricklayers trade agreement, such change shall automatically become effective with respect to those mason tenders tending bricklayers. Mason tenders shall continue to have exclusive jurisdiction regarding the servicing of bricklayers. D) the employer shall be permitted to schedule the commencement of the regular work day for mason tenders performing work related to the provision of temporary heat on masonry work between 7:00 am. And 9:00 am. Mason tenders scheduled to perform work at times other than the regular hours of employment pursuant to this paragraph shall not perform any work other than work related to the provision of temporary heat, for so long as temporary heat is provided. E) when conditions beyond the control of the employer, such as severe weather, widespread power failure, fire, natural disaster, etc. , prevent the operation of the job on one (1) or more work days during the regular work week, the employer may schedule the saturday of that calendar week during which work was prevented, as a make-up day at straight time. All hours worked in excess of seven (7) or an agreed upon eighth (8th) hour shall be paid at the rate of time and a half. When a holiday falls on a 21 saturday, then the make-up day rate shall be time and a half. In order to utilize a day “terminated” for one of the reasons listed above, no later than 10:00 a. M. Of the day that work is “terminated”, the employer must notify the union that the work day has been “terminated, ” and the employer must further notify the union of its desire to work a makeup day by noon of the day preceding the make-up day. Employees employed by the employer on the day so “terminated” shall have the right of first refusal to work on the make-up saturday, but said employees shall also have the right to decline work on a make-up saturday, without any penalty. The number of employees working on a makeup saturday shall not exceed the number of employees working on the day that work “terminated”. If mason tenders are needed to work a make-up saturday, other than those already working on the job, the employer shall call the union for mason tenders. A makeup saturday shall be a guaranteed seven (7) hour day or, with permission of the union, eight (8) hour day. In the event work is terminated for one of the reasons listed above on the make-up saturday, the employee shall be paid for a seven (7) hour day or, with permission of the union, eight (8) hour day. F) when it is not possible to conduct alteration work during regular working hours in a building occupied by tenants, said work shall proceed on a straight time basis; however, mason tenders shall be paid a 14.3% premium on base wage and fringe benefit rates prescribed under this agreement. All other contractual overtime requirements shall apply, however, if the overtime obligation is solely contractual, rather than statutory, e. G. Hours in excess of the regular 7/8 hour work day, saturdays, etc. , it is the base – not 14.3% premium enhanced – wage rate that shall be compounded, and fringe benefit contributions will be paid at the base rate. Irrespective of the preceding, wages for all work in excess of 40 hours in a week shall be paid at the rate of time and one half of the highest hourly rate paid to the mason tender during the first 40 hours of work, while fringe benefit contributions shall be at the base rate. The employer shall notify the union in advance of beginning the shift schedule. In the event of the existence of any such condition, proper notice shall be given to the union of the facts and circumstances and 22 permission shall be obtained from the union for the performance of the work outside of regular working hours. ” the preceding shall also apply where the employer works a second shift, provided there must be a first shift, and shift work must be for a minimum of three (3) contiguous weekdays’ duration. Section 2. — the following days shall be known as holidays on which there shall be no performance of any work: sundays, new year’s day, presidents’ day, decoration day, independence day, labor day, thanksgiving day and christmas day. Section 3. — no work shall be performed on any of the days listed in section 2 or as provided in article vi, section 2(a) unless in each instance written permission is first obtained from the union. Section 4. — the employer and the union agree it to be their declared policy that the period for lunch shall, as nearly as possible, be uniform with that established with the other trades. Section 5. – the employer may work two (2) shifts with mason tenders on the first shift working at the regular wage rate and mason tenders on the second shift being pad a 14.3% premium on the wage rate prescribed in this agreement. In addition, members of the second shift shall be allowed one-half(12) hour to eat, with this time being included in the seven (7) or eight (8) hours of work. In order to work the second shift, there must be a first shift, and shift work must be for a minimum of three (3) contiguous weekdays’ 23 duration. All work in excess of seven (7) or eight (8) hours shall be paid at the rate of time and one-half (12). All work in excess of 40 hours in a week shall be paid at the rate of time and one half of the highest hourly rate paid to the mason tender during the first 40 hours of work. The employer shall notify the union in advance of beginning the shift schedule. On shift work, the shop steward shall work no more than eight (8) hours. There shall be a shop steward on each shift, appointed by the union. Article vi section 1. — effective july 1, 2021, the wages of mason tenders shall be $41.45 per hour during regular working hours. Subject to the union’s right to allocate and/or reallocate, effective january 1, 2022 the wages for all mason tenders shall increase by $1.50 per; effective january 1, 2023, the wages for all mason tenders shall increase by $1.25 per hour; effective january 1, 2024 the wages for all mason tenders shall increase by $1.50 per hour; and effective january 1, 2025 through the termination of the agreement, wages shall increase in such amounts as may be agreed to by and between the union and the contractors association of greater new york. The union, in its sole and absolute discretion, reserves the right to allocate/reallocate any portion of the foregoing increases to any of the fringe benefit funds. The rate for foremen and for assistant foremen (deputies) shall be $35.00 per day and $25.00 per day, respectively, above the prescribed rate for mason tenders. Section 2. — except as specified in article iv, section 1 (x) and article vi, section 2(b), all work performed outside of the regular workday as per article v section 1a, and on saturdays shall be paid for at the rate of time and one-half(12). All work performed during lunch hour, sundays and on the following legal holidays: new year’s day, presidents’ day, decoration day, independence day, labor day, thanksgiving day, christmas day, shall be paid for at the rate of double time. (for purposes of this section and article v, section 24 2 above, the date new york state observes any of the referenced holidays shall be the contract holiday in the event it is different from the date on which the holiday actually falls, however if there is a conflict between new york state and new york city’s holiday observance the parties shall meet in advance to confer about the appropriate contract holiday). Section 3. — the employer shall deduct two dollars and five cents ($2.05) per hour, plus any additional sum per hour hereafter specified by the union, as dues from the wages of all mason tenders who authorize such deduction in writing and then promptly pay over such sums to the mason tenders district council not later than one week after said deduction. Section 4. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the trustees of the mason tenders district council welfare fund $13.00 per hour for all hours worked by mason tenders, mason tender foremen and mason tender assistant foremen, for the purpose of providing benefits for death, accident, health, medical and surgical care, hospitalization and other such forms of group benefits for mason tenders, their spouses, and their eligible children, as the trustees may, in their sole and absolute discretion, determine and, in addition, out of said monies the trustees of the welfare fund shall provide coverage to conform with the new york state disability insurance law for all mason tenders for the period of this trade agreement, the cost of which shall be borne by such welfare fund. It is the intention of the parties that no contributions shall be required on the premium portion of wages. Welfare coverage shall also be provided for all eligible employees of the mason tenders district council, its constituent local unions and the mason tenders’ district council fringe benefit funds provided contributions are made to the fund on their behalves in the same amounts as are paid by other employers. 25 section 5. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the trustees of the mason tenders’ district council pension fund $7.45 per hour for all hours worked by mason tenders, mason tender foreman and mason tender assistant foremen. Contributions to the pension fund shall be utilized for the purpose of providing pension and other benefits for the eligible mason tenders as the trustees may, in their sole and absolute discretion, determine. It is the intention of the parties that no contributions shall be required on the premium portion of wages. Pension coverage shall also be provided for all eligible employees of the mason tenders’ district council, its constituent local unions and the mason tenders district council fringe benefit funds provided contributions are made to the fund on their behalves in the same amounts as are paid by other employers. Section 6. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the trustees of the mason tenders’ district council annuity fund $8.00 per hour for all hours worked by mason tenders, mason tender foremen and mason tender assistant foremen. Contributions to the annuity fund shall be utilized for the purpose of providing annuity and other benefits to eligible mason tenders as the trustee may, in their sole and absolute discretion, determine. It is the intention of the parties that no contributions shall be required on the premium portion of wages. Annuity fund coverage shall also be provided for all eligible employees of the mason tenders’ district council, its constituent local unions and the mason tenders district council fringe benefit funds provided contributions are made to the fund on their behalves in the same amounts as are paid by other employers. 26 section 7. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the trustees of the mason tenders training program fund $0.00 per hour for all hours worked by mason tenders, mason tender foremen and mason tender assistant foremen. Contributions to the training program shall be used for the purpose of providing education and training in general construction skills, medical awareness courses, the handling of asbestos and hazardous waste and materials, new york city fire department certificate of fitness courses, and such other purposes as may be contained in the fund plan. It is the intention of the parties that no contributions shall be required on the premium portion of wages. Section 8. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the authorized agent of the new york state laborers-employers cooperation and education trust fund $0.15 per hour for all hours worked by mason tenders, mason tender foremen and mason tender assistant foremen. It is the intention of the parties that no contributions shall be required on the premium portion of wages. Section 9. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the authorized agent of the greater new york laborers-employers cooperation and education trust fund $0.29 per hour for all hours worked by mason tenders, mason tender foremen and mason tender assistant foremen. It is the intention of the parties that no contributions shall be required on the premium portion of wages. 27 section 10. — effective for the period july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay weekly to the authorized agent of the new york state health and safety trust fund $0.10 per hour for all hours worked by mason tenders, mason tender foremen and assistant foremen. It is the intention of the parties that no contributions shall be required on the premium portion of wages. Section 11. — the employer agrees to deduct and transmit to the mason tenders district council political action committee $0.20 for each hour worked, or such other amount as the union may from time to time designate in writing to the employer, from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the union. These transmittals shall occur weekly, and shall be accompanied by a list of the names of those employees for whom such deductions have been made, and the amount deducted for each such employee. Section 12. — effective july 1, 2021, and subject to the union’s right to allocate/reallocate future increases as provided in section 1 of this article, the employer shall pay monthly to the authorized agent of the vacation account of the mason tenders district council welfare fund (the “vacation account”) $2.25 for each hour worked, and thereafter such amount per hour as the union may allocate or reallocate for all hours worked by mason tenders, mason tender foremen and mason tender assistant foremen. No contributions shall be required on the premium portion of wages. 28 section 13. — the employer will contribute an additional amount equal to seven-tenths of a percent (0.7%) of the total wage fringe straight-time rate for each hour of employment of mason tenders to the industry advancement program of the building contractors association. The union shall have no obligation or responsibility for collection of these funds. The association shall pay a monthly fee to the mtdc benefit fund for the collection of these monies. Section 14. — aii fringe benefit funds provided for by the agreement shall be jointly administered by trustees designated equally between employers and the mason tenders district council in accordance with applicable law. Section 15. — the employer shall not be required to post and maintain a bond to ensure payment of contributions to the fringe benefit funds set forth in this article of the agreement except under the following circumstances: if after an audit of its books and records, the employer is found to be substantially delinquent, as defined herein, in the payment of fringe benefit contributions to the fringe benefit funds set forth in this article of the agreement, the employer, for the life of this agreement, shall be required to post a bond equal to the greater of either i) double the audited delinquencies, or ii) in the following amounts: highest number of hours mason tenders employed in any 12-month period below 35,000 35,000-49,999 50,000-74,999 75,000-99,999 29 minimum bond $50,000 $75,000 $100,000 $125,000 100,000 or more $150,000 substantially delinquent is defined as any deficiency in the payment of fringe benefit contributions to the fringe benefit funds set forth in this article of the agreement in excess of 10% of the fringe benefit contributions paid to the fringe benefit funds set forth in this article of the agreement during the period that is the subject of the audit. The preceding bonding requirements shall further apply to any contractor that joins the association on or after july 1, 2010 and that while signatory to a prior agreement with the mason tenders district council was at any time substantially delinquent (as defined in the prior agreement), in the payment of fringe benefit contributions to the fringe benefit funds set forth therein, or is in arrears in the payment of fringe benefit contributions to such fringe benefit funds at the time of its admission to the association. Section 16. — a) the employer shall make payment of all wages due in lawful currency, except those employers making payment by check as per section 17 of this article. Payments shall be made in sealed envelopes and plainly marked, showing employer’s name and address (printed or stamped), mason tender’s name, hours worked, amount earned and deductions required by law, dues check-off, and mtdcpac deductions and the net amount due. B) wages shall be due and payable during working hours on thursday or friday for work done up to the preceding tuesday. The day selected as the first payday on any job shall be the designated pay date until the completion of the job. Should thursday or friday be a bank holiday, wages shall be due and payable not later than thursday, for work done up to quitting time the preceding monday. On jobs where the “stagger system” is used the employer shall give due notice to those mason tenders affected as to the time the paymaster will be at the job. 30 c) where mason tenders are not on the job for any reason for which the employer is not responsible when the paymaster is paying the mason tenders, they may be sent to the main office for their pay but without any allowance for the time spent in going to and from the office; but where the mason tenders are not on the job because of any reason for which the employer is responsible, they will be allowed one hour with pay in going to the office for their pay. Where mason tenders are not paid on the specified payday during working hours, they shall be paid straight time for all waiting time at the rate of seven (7) hours per day not to exceed fourteen (14) hours. D) when mason tenders are to be discharged, the mason tender must be notified during working hours and must be paid on the job immediately. A violation of this rule entitles a mason tender to compensation at the rate provided in section 1 of this article for the working time that elapses between the time of discharge and the time the mason tender receives such payment. Such payment shall not exceed twenty one (21) hours pay but shall additionally include, in the event of a willful failure to pay, the sum of $100.00 per day for each and every day from the date of discharge until payment is received by the mason tender, including the date of such receipt. Employees must be given termination notice of the state of new york department of labor, division of placement and unemployment insurance, when discharged. If this notice cannot be given to the employee on the job at the time of discharge, the employer may mail the notice to the employee on the next full business day and this shall be deemed substantial compliance. E) all mason tenders discharged between the hours of 8 a. M. And 12 o’clock noon shall be paid until 12 o’clock noon on the date of discharge. All mason tenders discharged between the hours of 1 p. M. And 4 p. M. Shall be paid until 4 p. M. This does not apply to a layoff and does not apply to a mason tender who is discharged on the day on which he is first employed. Nor does it apply to mason tenders not on the job at starting time. 31 f) should work be stopped for any cause beyond the control of either party to this trade agreement, no claim for lapsed time shall be made for the time of the unavoidable cessation of work. If the mason tenders demand their wages for the working time due, these wages shall be paid within three banking hours after the demand is made upon the employer. G) the union may withdraw mason tenders from any job to enforce payment of wages or of contributions to the trust funds set forth in this article of the agreement. The union may also withdraw mason tenders to enforce the requirement of the agreement that union dues, and mtdcpac contributions be deducted from the wages of mason tenders or to enforce payment to the union of union dues, and mtdcpac contributions already deducted from the wages of mason tenders. H) if mason tenders are withdrawn from any job to enforce payment of wages or of contributions to the trust funds set forth in this article of the agreement, or to enforce the requirement of the agreement that union dues be deducted from the wages of mason tenders or to enforce payment to the union of union dues, and/or mtdc pac contributions already deducted, the mason tenders who are affected by such stoppage of work shall be paid for lost time not exceeding fourteen (14) hours provided that three (3) days’ notice of the intention to remove mason tenders from a job is given to the employer by the union by registered or certified mail. I) the employer agrees to and shall be bound by all terms and conditions of the trust agreement creating the trust funds set forth in this article of the agreement and by any rules, regulations or by-laws adopted by the trustees of the funds to regulate said funds, except to the extent any funds’ document contradicts the terms of this agreement. J) payments by employers to trustees of the trust funds set forth in this article of the agreement shall be accompanied by reports furnished by the trustees of 32 the respective funds, in such form and containing such data as the trustees may from time to time determine in their discretion to be necessary. Section 17. — notwithstanding anything herein contained, the employer shall have the right to make weekly payments of wages by check provided: (a) all legal requirements are complied with; (b) delivery of checks to mason tenders shall be at least one day preceding a banking day; (c) checks must indicate hours worked and rate of pay in accordance with the provisions of the agreement; (d) the check and the check stub shall bear the imprint and address of the signatory employer; and (e) checks must reflect the amounts deducted for dues check-off, and mtdc pac contributions in accordance with the provisions of this agreement. In the event that a salary check is not honored by the bank on which it is drawn for any reason whatsoever, then the mason tender affected thereby shall be entitled to two (2) days’ extra pay for waiting time. Section 18. — a) the books and records of the employer shall be made available at all reasonable times for inspection and audit by the accountants or other representatives of the trust funds set forth in this article of the agreement, including, without limitation, all payroll sheets, w-2 forms, new york state employment reports, insurance company reports and supporting checks, ledgers, general ledger, cash disbursement ledger, vouchers, 1099 forms, evidence of unemployment insurance contributions, payroll tax 33 deductions, disability insurance premiums, certification of workers’ compensation coverage, and any other items concerning payroll(s). In addition, the aforementioned books and records of any affiliate, subsidiary, alter ego, joint venture, successor or related company of the employer shall also be made available at all reasonable times for inspection and audit by the accountants of the trust funds set forth in this article of the agreement. The employer shall retain, for a minimum period of six (6) years, payroll and related records necessary for the conduct of a proper audit in order that a duly designated representative of the trustees may make periodic review to confirm that contributions owed pursuant to this agreement are paid in full. B) in the event, after the trustees have made a reasonable request, the employer fails to produce its books and records necessary for a proper audit, the trustees, in their sole discretion, may determine that the employer’s monthly hours subject to contributions for each month of the requested audit period are the highest number of employee hours for any month during the twelve (12) months audited, or during the last twelve months for which reports were filed, whichever monthly number of hours is greater. Such determination by the trustees shall constitute presumptive evidence of delinquency. Prior to making such determination, the trustees shall mail a final seven (7) day written notice to the employer advising it that such determination shall be made if the employer does not schedule a prompt audit. Nothing herein shall mean that the funds relinquish their right to commence legal proceedings to compel an examination of the employer’s books and records for audit. C) if after an audit of its books and records the employer is found to be substantially delinquent, as defined herein, in the payment of fringe benefit contributions to the trust funds set forth in this article of the agreement, the employer shall bear the imputed cost of the audit as set forth below: total audited deficiency x number of months audited= imputed cost of audit 150 34 substantially delinquent is defined as any deficiency in the payment of fringe benefit contributions to the trust funds set forth in this article of the agreement in excess of 10% of the fringe benefit contributions paid to the trust funds set forth in this article of the agreement during the period that is the subject of the audit. In the event the trust funds set forth in this article of the agreement bring an action to recover the imputed costs of audit, the employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action. D) in the event the employer fails to produce the books and records necessary for an audit as set forth in subsection 16(a) of this article of the agreement, the employer agrees to pay a penalty of $400.00. In the event the trust funds set forth in this article of the agreement bring an action to obtain an audit of the employer’s books and records, the employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action. E) if after an audit of its books and records the employer is found to be delinquent in the payment of fringe benefit contributions to the trust funds set forth in this article of the agreement then the employer shall pay, in addition to the delinquent fringe benefit contributions, interest on the unpaid amounts from the date due until the date of payment at the rate prescribed under section 6621 of title 26 of the united states code, in the event the trust funds set forth in this article of the agreement bring an action to recover the interest on delinquent fringe benefit contributions, the employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action. F) in the event that formal proceedings are instituted before a court of competent jurisdiction by the trustees of the trust funds set forth in this article of the agreement to collect delinquent contributions to such fund, and if such court renders a judgment in favor of such fund, the employer shall pay to such fund, in accordance with 35 the judgment of the court, and in lieu of any other liquidated damages, costs, attorney’s fees and/or interest, the following: (a) the unpaid contributions. (b) interest on unpaid contributions determined by using the rate prescribed under section 6621 of title 26 of the united states code. (c) interest on the unpaid contributions as and for liquidated damages. (d) reasonable attorneys’ fees and costs of the action. (e) such other legal or equitable relief as the court deems appropriate. G) the employer hereby agrees that in the event any payment to the union or to the trust funds set forth in this article of the agreement by check or other negotiable instrument results in the check or negotiable instrument being returned without payment after being duly presented, the employer shall be liable for additional damages in the amount of $250.00 to cover such additional costs, charge and expenses. Nothing herein is intended, nor shall be interpreted, to mean that the trust funds set forth in this article of the agreement or union waive any other liquidated damages. Section 19. — when an employee is sent to work by his employer to a job outside the region where the fare to and from the job by the customary means of travel exceeds $3.00 per day, the employer shall pay the excess as an addition to the contract wage. Section 20. — lf the employer requests mason tenders to report on any day and such mason tenders report for work on that day on starting time, but are not put to work, such mason tenders shall be entitled to two (2) hours’ pay. However, this payment shall not be made if it is impossible to put such mason tenders to work because of weather, lack of materials, or other job conditions which make it impractical for the employer to work such mason tenders. 36 article vii section 1. — the employer shall provide for the exclusive use of the mason tenders on each job on which they are doing work, a suitable tool house three (3) square feet minimum per employee in size, properly secured, heated and lit. The keys for the tool house shall be in the exclusive control and possession of the shop steward. The employer who complies with the requirements of this section is only responsible, upon submission of proper proof of loss, for loss of clothing due to the burning or forcible entry of the tool house. Such liability shall be limited to a sum not to exceed per man: $200.00 for an overcoat; $150.00 for clothing, including overalls; and $100.00 for shoes where the employer requires mason tenders to wear clothing on the job site identifying the employer, such clothing shall also identify the union by appropriate insignias or other suitable markings. Section 2. — lf an emergency arises requiring mason tenders to work during inclement weather, foul weather clothing, to include boots, raincoats, and rain hats, shall be furnished without charge to all mason tenders. Section 3. — the employer shall supply all tools on the job required in performing the work covered by this trade agreement. It is agreed that the size of square point shovels shall be size no. 2 when obtainable but in any case the weight of the shovel shall not exceed five and one-half (5-1/2) pounds. 37 section 4. — mason tenders on the job shall wear in plain sight, numbered badges (not to exceed one and one-half inches (1-1/2) in diameter) when requested to do so by the employer; such badges shall be furnished without charge by the employer. Section 5. — the employer, mason tenders or the agents of either shall not accept or give directly or indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to any person for the purpose of effecting any change in rate of wages. The employer or its representatives shall not be permitted to give any advance in wages to mason tenders, nor shall they be permitted to lend money to mason tenders. Section 6. — a) in buildings thirteen (13) stories in height or over, an elevator shall be provided to carry mason tenders to and from their work during regular hours of employment after the brickwork has reached the twelfth (12th) floor. Consideration shall be given to mason tenders working on higher stories if elevator service is not maintained, and a reasonable time shall be allowed to and from work. B) in order to establish a maximum weight of material and the barrow to be handled by one laborer, it is agreed that the maximum number of bricks to be placed in or upon a wheelbarrow shall be sixty (60). In the case of other materials or building units, it is agreed that the combined weights of the materials and the barrow shall not exceed three hundred (300) pounds. In arriving at weights of various materials, it is agreed that a brick weighs from 4 to 4-1/2 pounds; 1 bag of portland cement, 94 pounds; 1 bag of hydrated lime, 50 pounds. The weight of hollow tile and other building units shall be the same as set forth by the manufacturers of these products. Where the weight of palletized materials is 1500 pounds or more it shall be handled by a minimum of two mason tenders 38 when moved by jacks. The height of palletized materials shall not exceed 5 feet, 6 inches in height. C) any 12 inch cement block raised over 5 feet shall be handled by two mason tenders. Section 7. — no provision of this agreement shall supersede any municipal, state or federal law which imposes more stringent requirements as to wages, hours of work, or as to safety, sanitary or general working conditions than are imposed by this agreement. Article viii section 1. — a) where mason tenders are employed on a job, the local union shall designate a shop steward who shall be the second mason tender on the job. The shop steward shall monitor the employer’s compliance with the terms and conditions of this agreement. In the event the shop steward becomes aware of non-compliance with this agreement by the employer, the shop steward shall so inform the local union that appointed the shop steward. The shop steward shall retain possession of the key to the tool house and see to it that it is open in ample time at starting time and securely locked at quitting time. The shop steward shall perform these duties as shop steward with the least possible inconvenience to the employer. The shop steward is to work as a mason tender and not use the position as shop steward to avoid performance of the shop steward’s duties as a mason tender. On overtime work the shop steward shall always be the second mason tender offered employment for overtime work. If the shop steward is discharged, the shop steward shall at once be reinstated until the matter is brought before the union and the decision of the union shall control, and if any time has been lost, the shop steward shall be paid for all lost time up to five (5) days only. The shop steward is to work for the duration of the job, but may, at the end of the job, be laid off 39 provided the foreman is the last and only mason tender remaining. Where more than one employer does mason tender work on a job site, each employer shall employ mason tenders exclusively to perform the work and each employer shall employ mason tenders shop stewards. The union shall have the right to remove and replace any shop steward. B) the term “shop steward” as used in this agreement shall mean those mason tenders who have been trained and certified by the union to serve as shop stewards and appointed to such position on a job in accordance with the terms of this agreement. The employer may request an individual who is serving as a shop steward on a job to be moved from one job to another with permission of the union. This permission shall not be unreasonably denied. Section 2. — the business agent, business manager or other designated representative of the union shall have the right to visit and go upon the employer’s jobs during working hours and said person shall not be interfered with while making such visits. Section 3. — the employer may select individuals to serve as a mason tender foreman and mason tender assistant foremen. The employer shall select whomever the employer chooses for the positions of mason tender foreman and mason tender assistant foremen without regard to the provisions of article 111, section 2 of this agreement. The mason tenders foreman may be the first mason tender hired by the employer. The employer may hire a mason tender assistant foreman in the event there are more than eight mason tenders working on the job site. The ratio of mason tender assistant foremen to mason tenders shall not exceed one mason tender assistant foreman to eight mason tenders on any job site. A mason tender foreman shall be required on all jobs where eight or more mason tenders are employed. Such foreman shall be representative of the employer and shall be in direct charge of the mason tenders on the 40 job, but shall not perform the work of a mason tender. All mason tender foremen shall be paid $5.00 per hour, and assistant foremen $3.57 per hour, above the prescribed rate for mason tenders in this agreement. All mason tender foreman and assistant foreman shall be guaranteed a minimum of 40 hours of work per week if working eighthour-days under article v, section 1(b), and 35 hours a week if working seven-hour days. Further, they shall be paid and have contributions made on their behalf for seven or eight hours, depending on the article v, section 1 (b) schedule, for all contract holidays. The mason tenders foreman shall take his orders from a supervisor on the job. All foreman must complete courses for confined space, 10-hour o. S. H. A. Safety and sexual harassment awareness. Article ix section 1. — the employer guarantees that there will be no lockouts for any reason during the term of this agreement and the union guarantees that there will be no strikes during the term of this agreement except: a) where the employer, at any job site, contracts or subcontracts work covered by this agreement to any other person, firm, partnership, corporation or joint venture that is not bound by an agreement with the union. B) where any of the workers engaged on a construction job perform work covered by this agreement, including loading materials in building supply yards within the regions defined in article ii and unloading at the point of construction, without receiving compensation equivalent to that provided for mason tenders under this agreement. C) when the union concludes that the mason tenders on any job have not been paid, are being paid less than the rate of wages prescribed in this agreement, or the employer is in arrears on fringe benefit contributions payable to the trust funds set forth 41 in article vi of the agreement or in the remittance of dues check offs to the union as prescribed in this agreement or in any modification of this agreement, as hereinafter provided, provided that twenty-four hours’ written notice is delivered to the association and the employer at the last provided address for such entities. D) when the union concludes that the employer has failed to post or maintain a bond, or has failed to allow access to its books and records as required under the terms of this agreement. Section 2. — lt shall not be a violation of this agreement or cause for discharge or disciplinary action for an employee to refuse to enter upon any job site involved in a primary labor dispute, or refuse to cross or work behind a lawful primary picket line established by any union. Article x section 1. — except as herein otherwise provided in article ix of this agreement and except claims, disputes and demands arising out of the employer’s wage or fringe benefit contribution obligations set forth in article vi of this agreement or disputes concerning the termination, extension or modification of this agreement as set forth in article xii of this agreement, all complaints, disputes or grievances arising between the parties hereto involving questions of interpretation or application of any clause of this agreement, or any acts, conduct or relations between the parties or their respective members or employees, directly or indirectly shall be resolved in accordance with the procedure set forth in the balance of this article. Section 2. — the steps listed below shall be followed in sequential order: 42 step 1: the employer or his representative shall meet with the representative of the union, and attempt to adjust the grievance between them on a joblevel basis as promptly as possible. The parties shall endeavor to meet within 48 hours of the time the dispute becomes known to them. If the parties at this step cannot resolve the grievance within fifteen days after becoming aware of the dispute, either party may notify the other party involved in writing, that it invokes step 2. Step 2: upon receipt of notification that the grievance cannot be settled in the manner prescribed in step 1, the complaint, dispute or grievance shall be submitted in writing by the party hereto claiming to be aggrieved to the other party hereto and the hardship and advisory committee which will consist of three representatives designated by the union and three representatives designated by the association. The hardship and advisory committee shall in the first instance investigate such complaints, grievances or disputes and attempt adjustment. Decisions determining such complaints, disputes and grievances shall be arrived at within thirty days after the submission in writing in the manner above referred to of such complaint, dispute or grievance, unless such time is extended in writing by the hardship and advisory committee. Decisions rendered by a majority of the hardship and advisory committee shall be binding on the parties hereto. Step 3: if a complaint, dispute or grievance shall not have been settled through the foregoing procedure, then either party may with thirty days give the other party notice of its desire to submit the complaint, dispute or grievance to arbitration. The arbitration shall be held before arbitrators roger maher, howard edelman or martin scheinman (to be selected on a rotating basis). The arbitrator will follow and be bound by the rules of procedure adopted by the american arbitration association. The arbitrator shall fix a time and a place in new york, new york for a hearing upon reasonable notice to each party. After such hearing the arbitrator shall promptly render a decision which shall be binding upon both parties but the arbitrator shall have no power to render a decision which adds to, subtracts from or modifies this agreement; 43 the decision shall be confined to the meaning of the contract provision which gave rise to the dispute. The arbitrator cannot order pay for time not worked except in cases of unwarranted suspensions or discharge. The parties to the arbitration shall bear equally the expenses of the arbitrator and the rental, if any, of the place of arbitration. All other expenses attendant to arbitration will be borne by the party incurring them, including the expenses of any witnesses called by such party. No party shall be required to arbitrate more than one issue at a single hearing. Article xi section 1. — lf, within the jurisdiction of this agreement, the union enters into any agreement with an independent employer performing work set forth in article iv of this agreement which provides more favorable terms or conditions of employment to such independent employer when performing work set forth in article iv than are provided for in this agreement, then the union hereby authorizes that upon written notice from the employer to the union invoking this provision and referencing the job site to which the more favorable terms would apply, such more favorable working conditions, as well as any related terms or conditions that are more favorable to the union and/or employees, be incorporated in this agreement specifically with respect to the work being performed by said independent employer. This section does not apply to any site specific changes to terms and conditions that are provided for in this agreement or any other collective bargaining agreement entered into by the union. On any private project labor agreement in which the construction manager is either not signatory with the union or is an independent employer signatory with the union, the union will submit the independent agreement as schedule a. 44 section 2. — lt is further agreed by and between the parties hereto that if any federal or state court shall at any time decide that any clause or clauses of this agreement is or are void or illegal, such decisions shall not invalidate the other portions of this agreement, but such clause shall be stricken out and the remaining portion of this agreement shall be considered binding between the parties hereto. Nothing contained in this agreement shall be construed to deprive any one or more individual mason tenders from pursuing whatever civil or criminal remedies they may have under the law for the collection of their wages, or any part thereof. Any provisions of the agreement hereinabove mentioned which provide 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 are of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions of the agreement which are hereby declared to be of no force or effect because of restrictions imposed by laws 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 provision of the said agreement shall immediately become and remain effective during the remainder of the term of this agreement. The union reserves the right to re-negotiate any of the provisions of the agreement which may be of no force or effect. Section 3. — the association agrees that within forty-eight hours after the execution of this agreement, it will submit to the union a schedule setting forth in full each member of the association, giving the name and address. When the member of the association is doing business under a trade name, the name of the principal shall also be given. The association further agrees that it will immediately notify the union in writing of any change in its membership, setting forth the names and addresses of any new members of the 45 association, and setting forth the names and addresses of those members which may have dropped out or been suspended from the association. The employer, whether as an individual, partner, or employee of a partnership, or as an officer, director, stockholder or employee of a corporation agrees to be remain bound by the terms and conditions of this agreement although doing business as an individual under another trade name, or as a partner or employee of another partnership, or as an officer, director, stockholder or employee of another corporation or as a joint venturer. Section 4. — lf the employer or any of the employer’s owners or principals forms or acquires by purchase, merger or otherwise, an interest, whether by ownership, stock, equitable or managerial, in a firm, partnership, corporation or joint venture employing mason tenders to perform bargaining unit work as defined in article iv of this agreement, said firm, partnership, corporation or joint venture shall be bound by and considered signatory to this agreement and the employer shall assume the obligation of such firm, partnership, corporation or joint venture under this agreement and such firm, partnership, corporation or joint venture shall assume the obligations of the employer under this agreement. Section 5. — the association and the union agree that their efforts will be employed in the public interest to increase production and reduce costs by maintaining maximum mandate output, and to use all machinery, tools, appliances, or methods which may be practical. Section 6. — the union shall have the option to terminate this agreement with the building contractors association, inc. Should the association merge, join, consolidate or combine with any other employer, group, organization or association. 46 section 7. — a) the union and association shall establish a hardship and advisory committee which will consist of no more than three (3) representatives designated by the union and three (3) representatives designated by the association. The union and association shall have an equal number of votes. Such committee shall meet periodically. The purposes of the hardship and advisory committee will be as follows: i) to review any undue hardships the agreement may impose on the union or on an employer on an issue by issue basis and to propose means of ameliorating said hardships. Ii) to discuss proposed modifications to the terms and conditions of the agreement on a site by site basis in order to permit employers to compete against unfair contractors. Iii) the hardship and advisory committee shall have the power to abrogate specific provisions of the agreement only with respect to specific job sites, but shall not have the authority to modify any terms of the agreement. The hardship and advisory committee will not be authorized or empowered to effectuate any action except by unanimous vote of all designated representatives. Iv) the hardship and advisory committee will discuss and develop an addendum to the collective bargaining agreement covering residential renovation and rehabilitation work. This addendum will address those economic and job site conditions unique to the renovation and rehabilitation of residential worksites within the jurisdiction of the mason tenders council. B) matters determined by the hardship and advisory committee shall use the following procedure and the steps listed below shall be followed in sequential order: 47 step 1: the employer or his representative shall meet with the representative of the union, and attempt to adjust the grievance between them on a job-level basis as promptly as possible, but in no event later than three days after the grievance arose. If the parties at this step cannot resolve the grievance within the three days after said period, either party may notify the other party involved in writing, that it invokes step 2. Step 2: upon receipt of notification that the grievance cannot be settled in the manner prescribed in step 1, the complaint, dispute or grievance shall be submitted in writing by the party hereto claiming to be aggrieved to the other party hereto and the hardship and advisory committee. The hardship and advisory committee shall meet within 48 hours of receipt of such notification and shall in the first instance investigate such complaints, grievances or disputes and attempt adjustment. Decisions determining such complaints, disputes and grievances shall be arrived at within three days after the submission in writing in the manner above referred to of such complaint, dispute or grievance, unless such time is extended in writing by the hardship and advisory committee. The hardship and advisory committee shall have the power to abrogate specific provisions of the agreement only with respect to specific job sites but shall not have the authority to modify any terms of the agreement. The hardship and advisory committee will not be authorized or empowered to effectuate any action except by unanimous vote of all designated representatives. Nor shall unresolved matters be subject to the arbitration clause of this agreement. Section 8. — sideletters #1, and #2, attached hereto contain provisions applicable to, respectively, residential and hospitality terms, and the target committee. Section 9. — this agreement shall be binding on the parties, regardless of any change of name by the mason tenders district council of greater new york or changes in the composition 48 of its constituent local unions. This agreement shall be enforceable by the association, the mason tenders district council of greater new york, its successor, the trust funds set forth in article vi of the agreement, and any constituent local so authorized by the mason tenders district council of greater new york or its successor. Section 10. – employers have agreed to establish, and the union consents, that as a condition of employment for mason tenders there shall be no smoking, vaping, or ingestion of cannabis products during work hours, including but not limited to, during breaks. Any employee who arrives at the work-site impaired will not be put to work, and may be subject to further discipline, up to and including termination. Section 11 . — the provisions of the administrative code of the city of new york, title 20 chapter 8 (earned sick time act) and those of new york state labor law 196-b (paid sick leave), in relation to the provisions of sick time earned by employees covered by this agreement, are expressly waived by the parties to this collective bargaining agreement because comparable benefits are already provided in this agreement. Article xii this agreement shall become effective and binding upon the parties hereto on the 1st day of july, 2021, and shall remain in effect through may 31,2025, and shall renew from year to year thereafter unless either party hereto shall give written notice to the other of its desire to modify, amend, or terminate this agreement on its expiration date. Such notice must be given in writing by certified mail, postage prepaid, at least sixty (60) days, but not more than ninety (90) days, before the expiration date of this agreement. In the event one of the parties to this agreement gives written notice of its desire to modify or amend this agreement pursuant to this article, the conditions established by this 49 agreement shall continue in effect during negotiations for a new agreement. Each employer member of the association and each employer becoming a member of the association subsequent to the effective date of this agreement agrees to comply with and to be bound by all of the provisions of this agreement, including, but not limited to, wage, fringe benefit contributions. Dues and political action deduction obligations, for the entire term of this agreement. In such cases of an employer’s withdrawal, resignation, suspension or termination from membership in the bca, such employer and its principal officer agrees, during the terms of this agreement, to be bound by the terms of the collective bargaining agreement between the union and independent contractors (referred to hereinafter as the “independent agreement”) then in effect, which shall supersede any conflicting or lesser provisions. Copies of the independent agreement have been furnished to the bca, and shall be furnished by the union to the employer signatory to this agreement upon request. Signed by both parties hereto as of the 1st day of july, 2021 at new york, new york. For the building contractors association, inc. By: r: l& //_ w allan paulf,. Labor committee chairperson by: a u~a _ johrib”hare, managing director 50 for the mason tenders district council of greater new york by: _…. ,… ___ —“il.. ___.. : ;.. _ ____ _ robert bo manager 451 park avenue south 4th floor now york, ny 10016 tel: 212-683-80b0 fax:212-6b3-0404 v. -w1v. Nyll<~. Eorn side leiter #1 to the 2021-2025 cba via email and us mail mr. Robert bonanza business manager mason tenders district council of greater ny 520 eighth avenue suite 650 new york, ny 10018 re: residential and hospitalihj-specific terms dear bob: the i\iason tenders dislrict council of greater ne, , york and long island (“the union” or the “mtdc”) and the building contractors association, inc. (the association or “bca”) haye recently concluded negotiations for a successor collecti\’e bargaining agreement (the “agreement”), including this and all side letters, which serve as attachments to, and are part of, the agreement. The terms set forth below (the “residential terms”) are only applicable on “residential projects” as defined herein. The terms of the agreement to separate and apart from this side letter #1 shall be referred to as the “standard agreement”. The standard agreement applies on residential projects except as set forth below. 1. Scope. A “residential project” shall be one \\ith respect to which no less than 70% of the habitable space, measured in square feet, is to be used either for permanent or temporary residences, but excluding projects that require the payment of prevailing wages under new york or federal law, or projects that qualify for 421-a tax relief. On mixed-use projects that fall within this scope, the fit-out of space which is not to be used as either permanent or temporary residences , , ill be subject to the standard agreement, unmodified by these residential terms. 2. Residential rates and staffing sequences. A) except as set forth below regarding “grandfathered positions, ” effective september 1, 2018, there shall be three categories of mason tenders on residential projects as listed below; initially and as the crew’s size increases, mason tenders shall be added in the following, repeating order: 1- tier a residential journeyworker 2- tier b residential laborer 3- tier b residential laborer 4- apprentice. Side letter #1 (this standard four-person staffing-unit shall be referred to as a “crew of four, ” and shall repeat itself as the size of the crew increases except as set forth paragraph 5 herein, e. G. The first through fourth mason tenders are added in the above order, as are the ft fth through eighth, etc. ). B) effective july i, 2021, the “average total package” for a crew of four shall be as set forth in schedule a hereto (and shall thereafter increase, as allocated by the union, in the same amounts and at the same times as set forth in the standard agreement for other classifications of mason tenders). 3. Shop steward and other referrals. The first mason tender on a residential project shall be a shop steward appointed by the union. Employers can request the appl)i 111111c111 or a particular i\ la son tender. I11clud i 11g. N roreman. As a sic\\ ard (” lw ma~ be a person pre\ iousl) emplo) ed b) the emplo) cr). The i\ja~on te1lller requestcd must hm c satisfied the shop steward eligibility criteria generally followed by the union for qualified shop stewards. The union will not unreasonably deny an employer’s request. It is understood that on small jobs, tl1e shop steward is likely to also serve as the foreman. Once the crew exceeds four, the employer may assign the first mason tender to serve full-time as the foreman, in which event the 5th mason tender (a tier a residential journeyv, , orker) will be a shop steward appointed by the union as provided in the standard agreement. The union may, at its discretion, refer a shop steward at the residential b rate as the second mason tender on the job; when there are 5 or more mason tenders, the shop ste, , ard shall become a tier a residential journeyworker, and the fifth shall be a tier b residential labor. The union may revoke the shop steward status of any steward whom it deems to have failed to properly perform the shop steward functions, in which event the union shall appoint a replacement shop steward as provided in the standard agreement. All other tier a residential journeyworkers and all other tier b residential laborers may be “selected by the employer” as set forth in article ill, section 2 (c)) of the standard agreement. Apprentices on residential projects shall be selected/ referred pursuant to the regularly applicable provisions of article iii, section 2 (e)) of the standard agreement; provided however that an employer seeking to maintain a residential tier b laborer in employment may assign a residential tier b laborer to a residential apprentice spot. 4. Short-term ratio exception. For a period occurring no more than two (2) times per month and lasting no longer than two (2) consecutive \\’ork-clays, an employer may, “ithout strict adherence to the crew of four repeating sequence, meet a short-term staffing need on a residential project by re-assigning mason tenders then-employed side letter #1 on any of its other jobs; provided however, that no mason tender shall suffer a decrease in his regularly applicable rate of pay and applicable fund contributions as a result of such short-term transfer and a mason tender may decline the additional work without repercussion. 5. Existing jobs. On residential projects where mason tenders were employed on either june 30, 2018 or september i, 2018, the referral ratios and rates for compensating mason tenders occupying “grandfathered positions” on such projects shall be in all respects subject to the terms of the standard agreement for the duration of the project (i. E. Irrespective of whether the individual mason tender occupying any such grandfathered position changes). The number of grandfathered positions on any job shall be the size of the crew of mason tenders employed on the project as of june 30, 2018 or september 1, 2018, whichever is greater. On such projects, the crew of four sequence to which the residential terms apply shall commence with the first position on the job in excess of the number of grandfathered positions, with the first crew of four sequence added to the project commencing with the first tier b residential laborer. 6. Subject to the provisions of side letter #2, the patties have agreed to modify the standard agreement’s subcontracting provisions for masonry work on residential projects as and to the extent set forth below: a) the ivitdc “ill attempt to persuade non-signatory masonry contractors (“non-signatories”) to sign collective bargaining agreements with at least the mtdc. B) a bca member awarded a residential project shall attempt to include mtdc signatory masonry contractors (“signatories”) on its bid list for any masonry work involved in a residential project, unless any of the following “constrained bidding”) circumstances apply: the owner/developer of the project directs the employer to use a specific nonsignatory masonry contractor or to seek out bids from only non-signatory masonry contractors, or permits only one bid so that the first bid submitted by the employer is the only bid it will be permitted to submit and the project will be awarded based on that bid. C) except for constrained bidding circumstances apply, after the bids of one or more masonry contractors are received and “leveled, ” the employer managing the project shall give any signatory contractors submitting a bid an opportunity to match the lowest bids submitted by a qualified non-signatory which, unless it’s bid is matched, would be selected to perfom1 the masomy work on the project. D) in seeking the approval of the target committee, the employer shall indicate whether constrained bidding applied, or describe the efforts it made to afford signatories an opportunity to submit a successful bid and the efforts it made to persuade the non-signatory to work under the side letter #1 mtdc collective bargaining agreement on the project, which should include having made an offer to serve as a paymaster for the nonsignatory’s mason tenders under the residential terms. E) while the process for waiver of subcontracting restrictions described above is limited to residential projects, employers may request subcontracting waivers from the target committee on projects subject to the standard agreement as described in side letter #2. Dated: 1 \ – 3cd ;2. O; t) agreed to and accepted on behalf of the building contractors association, inc association, inc. Managing ~~~na~~+- director dated: 11.3.2021 agreed to an accepted on behalf of the mason district council of greater new york by: ~~ business manager by: ~ /2. _ ~ ‘lo ? -i-u- j o allan m. Paull, labor committee chairperson 451 park a’l’~nuc soulh 4th floor now york, ny 10016 tel: 212-683-8080 fax:212-683-0404 mr. Robert bonanza business manager side letter #2 to the 2021-2025 cba mason tenders district counci i of greater ny 520 eight a venue suite 650 new york, ny 10018 re: the target co111mittee dear: bob: the mason tenders district council of greater new york and long island (the “union” or the “mtdc”) and the building contractors’ association, inc. (the “association” or “bca”) recently agreed to extend their rnllecti\e bnrgnining ngrecmenl (lhe agn: crncnl .. ). Scheduled lo c: –; pire 011 . Lune 30th 2021, for an additional four years. The agreement includes this and all side letters which serve as attachments to and are part of the agreement. 111 the course of their negotiations, bca and the mtdc discussed problems faced by bca members in bidding against non-union construction managers and general contractors on “open shop” projects. While the parties reached agreement on a reduced wage/benefit formula for use on residential/hospitality projects, they acknowledge that similar competitive pressures nre present on some commercial projects, including tenant fit-outs, as \, ell as on interior renovation and institutional (such as healthcare) projects (“other projects”). In order to allow bca members to compete more successfully for other projects, the parties agree, therefore, as follows: they shall and establish a target committee (“committee”) of six persons, three appointed by bca and three appointed by the mtdc, which will have the authority, with the approval of four (4) committee members, to permit and approve: a) use of a residential journeymen, b residential laborers, additional apprentices, and/or other now existing or later established categories of mason tenders on other projects in ratios to be determined by the committee. Side letter #2 b) requests to subcontract mason tending (subject to the provision set forth in side letter 1 ), demolition, and fireproofing packages to non-signatories. The target committee shall not be required to consider requests for relief entailing: i. Subcontracting general conditions work ( except as otheiwise provided herein) to a non-signatory company including, among other things, hiring or overseeing employees of a non-signatory contractor performing work covered by the collective bargaining agreement. Ii. Subcontracting relief with respect to which protest and/or picketing protections are extended to the non-signatory subcontractor. C) the target committee shaji publish and follow the target committee rules (“rules”) (attached hereto as exhibit a) that will govern their deliberations nnd shnll distribute these rules to bc a members; nnd d) the target committee shall ensure that the rules provide that decisions of the committee shall be made available to the bca members immediately following a decision by the committee. Agreed to and accepted on behalf of the building contractors association, inc association, inc. 1 by: 4 )\. /~l. _ john f ~iiafle, managing director dated: 11.3.2021 ———– agreed to an accepted on behalf of the mason district council of orea ter new york b~~~7~~ rdberdcwinza, business manager by: & /l_ ‘1w ‘z-du-fl-3 d allan m. Paull, labor committee chairperson side letter #2 to the 2021-2025 cba exhibit a target co’mmittee rules the target committee (“committee”), created by agreement of the building contractors’ association, inc. (“bca”) and the mason tenders district council of greater new york (“mtdc”), hereby adopts by unanimous vote the following rules to govern its deliberations and decisions: 1. Composition: the committee shall consist of the undersigned six members, each of whom was appointed by a writing issued by the bca, (“bca representatives”) and the mtdc (“union representatives”). 2. Authority: the target committee shall have the authority, with the approval of 4 target committee members, to vary, suspend or waive any provision of the bca/mtdc collective bargaining agreement, including, but not limited to, staffing ratios, overtime requirements, subcontracting restrictions and shop steward appointments. 3. Staff: bca shall provide one or more staff persons to schedule meetings, keep minutes of meetings, publish decisions, and provide other administrative support as directed. 4. Ouorum: t\\o union representatiyes and t, rn bca represl. ! Ntatiycs, present in person, by phone, or by assigning his/her vote by proxy, shall constitute a quorum. Proxies shall also be permitted where target committee members are otherwise not available for a meeting (i. E. Irrespective of whether their presence is necessary to make a quornm). 5. Meeting: the committee may meet in person or by telephone. 6. Appeals to target committee: (i) a bca member which has an opportunity to bid on a project against open shop competitors, or to dissuade an owner/developer from exploring open shop options, shall fill out and e-mail the attached form to committee members, indicating what adjustments in wage/ benefit rates or classification ratios, or subcontracting waivers it is seeking. (ii) a bca member which has awarded a masonry contract to a non-signatory under the circumstances described in paragraph 7 of side letter# l, which desires the right to award an additional contract to a second (third fourth, etc. ) non-signatory, shall submit a request for the right to do so to the target committee. 7. Timing: the committee shall schedule a meeting within 48 hours of the appeal’s submission. Either the union representatives or the bca representatives may require an inperson meeting at a mutually-convenient time and venue. The committee shall decide the appeal at the conclusion of its meeting and the decision shall immediately be e-mailed to all bca members. Side letter #2 to the 2021-2025 cba 8. Criteria: in deciding whether to grant the request of the bca member submitting an appeal, the committee shall consider: whether the owner/developer has awarded contracts to open shop construction managers/general contractors in the past; which other construction managers/general contractors are bidding for the project; what relief was afforded to other bca members seeking relief on similar projects; whether in the amount of work lost to non-signatory construction managers is trending up; whether, when seeking relief from subcontracting restrictions on other projects, the bca member has made reasonable effo1ts to secure bids from signatory contractors; and what relief is consistent with past decisions. Dated: / \- 3, o – d-0: l- \ agreed to and accepted on behalf of the building contractors association, inc. ~ j__ i ‘ by: ‘i a j l johnf. O’hare, managing director dalecl: 11.3.2021 ———— agreed to an accepted on behalf of the mason tenders district council of greater new york robe 0nanza, business manager by: 0a. 12. ___ p~ 1,0u-ll- , ao allan m. Paull, labor committee chairperson