Contractors' Association of Greater New York, Inc.

20214025

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.

ARTICLEI

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 th® 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.–

in 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.

Section 1

ARTICLE II

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 (V 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 subcontractprfs]

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 th® subcontractor falls 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 th© 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

the Funds the amounts claimed to be owed until the earlier of either: (I) the subcontractor

acknowledges the amount due or otherwise consents to th® 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 111, Section 3 applicable to paymasters. The preceding shall not

prevent a BCA-member Employer that is utilizing a BCA-signatory paymaster from

employing one “Key Employee” on the site provided: i) counting th® Key Employee, the

two BCA~m®mber 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 th® 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 th®

working conditions provided for in this Agreement. Th® Employer and the Union hereby

agree to the elimination of lumping.

Section 5.–

If 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 such other bargaining unit employees shall be considered

an accretion to the bargaining unit.

Section 6.–

If 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 th® 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.

Section 1

ARTICLE III

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 th® 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 theroster 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 employe® 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.

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 ail of the

pertinent data to the Union with respect to the type of work to be performed. Ths 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

individuate that are Members in good standing of the Union or Agency Fee Participants,

b) The first Mason Tender on the job site shall b® 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 (8th) 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 th© 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.

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 (Le., fifth,

tenth, fifteenth and so on), shall be an apprentice. However the Employer may request

that either ths third or fifth Mason Tender on any job site shall be an apprentice, with the

approval of the Union. When the Employer requests ah 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 th® Apprentices. Th® 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 th®

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 th® 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.

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 III, 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

th® event of any such rejectlonfs], the Local Union will refer another applicant or

applicants to the Employer.

k) In th© 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 bo 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. Wag® rates and the rate of

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.—•

If 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:

i. If the Paymaster Client is a member in good standing of the BCA, the

regular staffing requirements of Article III 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.

iil. 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 pre¬

approved 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 th® 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 th® 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

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.

^.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 (Sidetetter #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 (Sideletter #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 III, 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.

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 ths 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 ail 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

forth® flagging of all trades and th® public.

c) Installation and maintenance of temporary heat in trailers, shanties, or

temporary toilet facilities on the job site, ortho heating of masonry materials for installation

during th® 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 ths job to perform the routine

marking of locations for the placement of temporary facilities and signs.

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 th® 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 th® 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 (exceptthe 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 th® 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

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 th® 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 th® 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 on®

operation.

q) Alteration work, including but not limited to th® 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.

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) Th© 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 interpretationto 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

performed between midnight Sunday and midnight Friday shall be compensated at

straight time rates if th® 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 bellringers on materia! 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 th© 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 ail jobs.

co) 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 riot used.

®e) As determined necessary by the Employer, Mason Tenders will be used to

perform fire watoh/guard.

ff) Any work assigned to the Union by any jurisdictional dispute resolution

procedure to which th® 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 th® 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 th® performance of safety watch duties in containment.

Section 3.–

The Employer shall exclusively employ Mason Tenders to perform the following

work:

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 mor® stories from a building or structure when

said building or structureis 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 th® 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;

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 (jack 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 th® providing of temporary heat of any .kind for any purpose

for the continuance of Mason Tenders to work on th® job;

h) all foul weather protection to permit the continuance of work for Mason Tenders

or other employees on the job site, to Include ths 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.

Section 4,-

Mason Tenders shall also continue to perform ail work traditionally performed for

Employers by members of former L1UNA Locals 30 and 95.

Section 5.-

The term “Mason Tender” as used in this Agreement includes all employees who

perform work asdescribed 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

virtu® 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 th® regular work-day with the understanding that such flexibility

does not change th® 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.

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 (6) 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 A.M. and 9:00 A.M. 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 th® 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 ah agreed upon

eighth (8th) hour shall be paid at the rate of time and a half. When a holiday falls on a

Saturday, then th© make-up day rat© 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 th© Union of Its desire to work a make¬

up 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 make¬

up 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 th© Union for Mason Tenders, A make¬

up 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 a14.3% premium onbase 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 MasonTender during the first 40 hours of work, while fringe

benefit contributions shall be at the base rate. Th® 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 b® given to the Union of the facts and circumstances and

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 6.–

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 (%) 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’

duration. All work In excess of seven (7) or eight (8) hours shall be paid at the rate of

time arid one-half (%). 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 shiftwork, 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 wagos 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.

Th® 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 (%). 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

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 bo borne by such Welfare Fund, It is the intention of

th© parties that no contributions shall be required on the premium portion of wages,

Welfare coverage shall also be provided for all eligible employees of th© Mason

Tenders District Council, its constituent Local Unions and the Mason Tenders’ District

Council Fringe Benefit Funds provided contributions are mado to the Fund on their

behalves in the same amounts as are paid by other Employers,

Section 5,-

Effective for the period July 1, 2021, and subject to the Union’s right to

allocate/realldcate 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 “Fenders, Mason Tender Foreman and

Mason Tender Assistant Foremen. Contributions to th® 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 th® Mason Tenders District

Council Fringe Benefit Funds provided contributions are made to th® 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 ths 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 b© required on th© 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 ar© mad® to th© Fund on their

behalves in the same amounts as are paid by other Employers.

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, th® Employer

shall pay weekly to th® Trustees of the Mason Tenders Training Program Fund $0.00 per

hour for al) 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 th® 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/reallooate 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 ail 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 th® premium portion of

wages.

Section 10.-

Effectlve for the period July 1, 2021, and subject to the Union’s right to

ailocate/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 al! 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 asthe Union

may from time to time designate in writing to the Employer, from th® 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 employ®®.

Section 12.™

Effective July 1, 2021, and subject to the Union’s right to allocate/reailocate 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.

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,-

All Fringe Benefit Funds provided for by the Agreement shall be jointly

administered by Trustees designated equally between employers andthe Mason Tenders

District Council in accordance with applicable law.

Section 15,-

Th© 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 th® greater of either I) double the audited delinquencies, or ii) In the following

amounts:

Highest Number of Hours Mason Tenders

Employed In anv 12-month period Minimum Bond

Below 35,000 $50,000

35,000-49,999 $75,000

50,000-74,999 $100,000

75,000-99,999 $125,000

100,000 or mor® $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 ths 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 th® 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 du®.

b) Wagos shall be due and payable during working hours on Thursday or

Friday for work done up to the preceding Tuesday. Th® day selected as ths first payday

on any job shall be the designated pay date until the completion of th© job. Should

Thursday or Friday be a bank holiday, wages shall be du® and payable not later than

Thursday, for work done up to quitting time th® 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.

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 Whiting time at the

rate of seven (7) hours per day not to exceed fourteen (14) hours.

d) When Mason Tenders are to be discharged, th® 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 th® rate provided in Section 1 of this

Article for the working time that ©lapses 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 Stat® 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.

f) Should work bo stoppod 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, thesewag.es 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.

Th® 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 th® 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 th® Agreement that Union dues be deducted from the wagos

of Mason Tenders or to enforce payment to the Union of Union dues, and/or MTDC PAC

contributions already deducted, th® 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 mall.

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 th® 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

th© 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;

with the provisions of the Agreement;

(d) Th® check and the check stub shall bear th® Imprint and address of

the signatory Employer; and

(e) Checks must reflect th© 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

deductions, disability Insurance premiums, certification of workers’ compensation

coverage, and any other items concerning payroll(s). In addition, th® 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 th® 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 employe© hours for any month during th® twelve (12) months audited, or during

th® 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 mad® 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 th® payment of fringe benefit contributions

to th© 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

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 th® period that is the subject of the audit. In th® event the Trust Funds

set forth in this Article of the Agreement bring an action to recover th® 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 falls to produce ths 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 th®

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

th© 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.

(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 th® contract wage.

Section 20,-

If 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.

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 employeeIn size, properly secured, heated and lit. The keys forth© 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;

$100.00 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,-

If 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 th® 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.

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.–

Th® 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 bo 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 hot 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 bo sixty (60). In the case of other materials or building unite,

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 unite 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

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 th® 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 th® 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. Th® Shop

Steward is to work for the duration of the job, butmay, at the end of the job, be laid off

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,-

Th® Business Agent, Business Manager or other designated representative of th®

Union shall have the right to visit and go upon the Employer’s jobs during working hours

and said person shall not bo Interfered with white 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 III, 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 th® 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 al)

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

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 eight¬

hour-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. Ths

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 th® rate of wages prescribed In this Agreement, or the

Employer is in arrears on fringe benefit contributions payable to the Trust Funds set forth

in Article VI of the Agreement or in th© 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.-

It shall not be a violation of this Agreement or cause for discharge or disciplinary

action for ah 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 b© 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:

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. The parlies 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 involvedIn 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

b© held before arbitrators Roger Maher, Howard Edelman or Martin Schelnman (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;

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 born® 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 l,-

if, 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,

Section 2.–

It 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 inthis 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 bo 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. Whenthe member of the Association is doing

business under a trade name, the name of the principal shall also be given. Ths

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

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 employe® of a corporation agrees to be remain

bound by the terms and conditions of this Agreement although doing business as an

individual under another trad® 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.-

If 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 ths Employer under this Agreement.

Section 5,-

The Association and the Union agree that their efforts will beemployedin 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.

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 pulposes 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 th® authority to modify any terms of th® 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 th® Hardship and Advisory Committee shall use the

following procedure and the steps listed below shall be followed In sequential order:

Step 1: The Employer or his representative shall meet with th® 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 thethree 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,-

Thls Agreement shall be binding on the parties, regardless of any change of name

by the MasonTenders District Council of Greater New York or changes In the composition

of Ite 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 Ite 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 th® 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 th®

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

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 th® 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 oases of an Employer’s withdrawal, resignation,

suspension or termination from membership in the BCA, such Employer and itsprincipal

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 lessor 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.

, Managing Director

By:_j

Joh;

By:

Allan Paul^Labor Committee

Chairperson

For The Mason Tenders District

Council of Greater New York

Robert BotWza, Business

Manager

601Pork

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NwWufW W&U

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SIDE LETTER #1to the aoat-aoae CEA

Mr. Robert Bonanza

Business Manager

Mason Tenders District Council of Greater NY

520 Eighth Avenue

Suite 650

New York, NY10018

Re: Residential and Hospitality-Specific Terms

Dear Bob:

The Mason Tenders District Council of Greater New York and Long Island (“the

Union” 01′ the “MTDC”) and the Building Contractors Association, Inc.(the

Association or “BCA”) have recently concluded negotiations for a successor

collective 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 thisside

letter #1shall 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.with respect to which no less

than 70% of the habitable space, measured in square feet, istobe 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. Qu mixed-use projects

that fall within this scope, thefit-out of space,which is not to b.e used as

either permanent or temporary residences will besubject to theStandard

Agreement, unmodified by these Residential Terms,

a. 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:

SIPE

LETTER

1- Tier A Residential Journeyworker

2» Tier B Residential Laborer

3- Tier B Residential Laborer

4- Apprentice.

(This standard four-person staffing-unit shall be referred to as a “Crew

of Four,” find 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 fifth through eighth, etc.).

b) Effective July 1, 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 foe

same times as set forth in the Standard Agreement for other

classifications of Mason Tenders),

3, ShopSteward and other Referrals. The first Mason Tender on a Residential

Project shall be a shop steward appointed by the Union. Employers can request the

appointment of a particular Mason Tender, including a foreman, as a steward (who may be a

person previously employed by the Employer). The Mason Tender requested must lune

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

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

Journeyworker) will be a shop steward appointed by the Union as provided in the

Standard Agreement. Ths Union may, at its discretion, refer a shop steward at theResidential

B rate as the second Mason ‘fender on (fie job; when there are 5 or more Mason Tenders, the

shop steward shall become a Tier A Residential Journeyworker, and the fifth shall bea 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 III,

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 hr 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 work-days, an Employer may,

without strict adherence to the Crew of Four repealing sequence, meet a short-term

staffing need on a Residential Project by re-assigning Mason Tenders then-employed

SIDE

LETTER

on any of its other jobs; provided however,, that ho Mason Tender shall suffer a defease

in his regularly applicable rate of pay and applicable hmd contributions aS a result of such

short-term transfer and aMason Tender may decline the additional workwithoutrepercussion.

5. Existing Jobs. On Residential Projects where Mason Tenders weremployed

on either June 30, 2018 or September 1, 2018, the referral ratios and rates for compensating

Mason Tenders occupying “Grandfathered Positions” on such Projects shall be In all

respects subject to the terO of the Standard Agreement for the duration of the Project

(U.irrespective of whether the individual Mason Tender occupying any snob Grandfathered

Position changes). The niunbet 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 orSeptember

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 parties have agreed to modify the

Standard Agreement’s subcontracting provisions for masonry work on Residential Projects

as and to the extent set forth below;

u) the MTDC will attempt to persuade non-signatory masonry contractors

(“Non-SignatoiW’) 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 (“Signatories4’) 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.

o) 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 perform the masonry 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

MTDC collective bargaining agreement on the Project, which should

include having made an offer to servo as a paymaster for the Non»

Signatory’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: It 3(9 ‘ Dated: n.3.2021

AGREED TO AND ACCEPTED ON

BEHALF OF THE BUILDING

CONTRACTORS ASSOCIATION, INC

ASSOCIATION, INC.

MANAGING DIRECTOR

AGREED TO AN ACCEPTED ON

BEHALF OF THE MASON

DISTRICT COUNCIL OF GREATER

NEW YORK

BY:

BUSINESS MANAGER

BY: 3 $

ALLAN M. PAULL, LABOR COMMITTEE CHAIRPERSON

451MiAwiWfiSwill

4lhR0O<.

NwVMNY IMU SIDE LETTER #2 to the 2021-2025 CBA

TSW1MHMMD

taStMSHAM

Mr. Robert Bonanza

Business Manager

Mason Tenders District Council of Greater NY

520 Bight Avenue

Suite 550

New York, NY 10018

Re; The Target Committee

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

collective bargaining agreement (the ‘’Agreement”), scheduled to expire on June

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.

In 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 are present on some commercial projects, including tenant

fit-outs, as well 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, ths parties agree, therefore, ns 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.

1»

SIDE

LETTER

b) Requests to subcontract mason tending (subject to theprovision

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 otherwise

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 shall publish and follow the Target Committee

Rules (“Rules”) (attached hereto as Exhibit A) that will govern their

deliberations and shall distribute these Rules to BCA Members; and

d) The Target Committee shall ensure that the Rides provide that decisions of

the Committee shall be made available to the BCA Members immediately

following a decision by the Committee,

Dated:

AGREED TO AND ACCEPTED ON

BEHALF OF THE BUILDING

CONTRACTORS ASSOCIATION, INC

MANAGING DIRECTOR

Dated: 3. 2021

AGREED TO AN ACCEPTED ON

BEHALF OF THE MASON

DISTRICT COUNCIL OF GREATER

NEW YORK

BY:

ROBER^NANZA,

BUSINESS MANAGER

BY: / b

ALLAN M. PAULL, LABOR COMMITTEE CHAIRPERSON

SIDE LETTER #2 to the 2021-2026 GBA

EXHIBIT A

TARGET COMMITTEE RULES I

‘Fhe Target Committee (“Committee”), created by agreement of the Building Contractors*

A^aotation, Ino. (“BCA”) and. the Mason Tenders District Council of Greater New York

(“MWO”), hereby adopts by unanimous vote the following rules to govern its

deliberations and decisions:

1 > imposition: 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. Stuff! 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. Quorum: Two Union Representatives and two BCA Representatives, present in

person, by phons, 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 (7.b, irrespective of whether their presence is necessary to

make a Quorum),

5. Meeting: The Committee may meet in person or by telephone.

6. Appeals to Target Com mitlce: (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 ciroumstanpes described in paragraph

7 of Side Letter #1, which desires the right to award an additional contract to asecond

(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 Inperspn meeting at a mutually-convenlent time and venue. The Committee shall decide the

BCAMembers.

SIDE LETTER #2 to the 2021-2026 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 managem/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 efforts to secure bids from

Signatory contractors; and

• What relief is consistent with past decisions.

Dated: I 1 Dated: 11^^021

AGREED TO AND ACCEPTED ON

BEHALF OF THE BUILDING CONTRACTORS

ASSOCIATION, INC.

, MANAGING DIRECTOR

BY: i

JOHNF

AGREED TO AN ACCEPTED ON

BEHALF OF THE MASON TENDERS

DISTRICT COUNCIL OF

GREATER NEW YORK

ALLAN M. PAULL, LABOR COMMITTEE CHAIRPERSON

hishereby flawedby midbetween the pmite?, theMasonTontoIWcrf

GwnoilofGreatei blew Yoik on behalfoffuelfondlw (xwltuent Locals 78 and70(the

“WW)andthenuMhigComnwtm#Amdation,hie (the‘tiCA*’) that;tbootafivc

togtihilngagjwnent bMwewi them onpllwed n? ownIng the period July 1, 7,07,1

ttoghMey31|2025,(tb“CM”) hIimIIbeextendedto covet theperiodUtroiJi|bend

tochtdin^Mo 30, 2025. No Anther notices tcgrtrdlnt’,an intention to jnodlijy or amend,

t«iuira1under the contfeet or applicable law,ehall bo neoewmy.

Agreed to by midbetween:

hte hereby agreed by Md between the patties, theMasoriTMifots District

Cbunbil«f(tenter New Ymk on behalfofiteulfaiidIte constituent Locals78 and7^

(the “MTDC”) and theBuilding Contractor Association,Inc. (the “BCA”) that tlte

eblteotivebargaining agrMjttcnt between them captioned as covering the periodMy h

I 3021through May 31,2025,(the “CBA”) shall bo extended to cover theperiodthreat

! andincludingSeptember 30, 2025. No further notices regardinganintention tomodify

ormondfieiiuired under tho contract or applicable law, shall be necessary.

Agreedtoby and between: