MEMORANDUM OF AGREEMENT
between the
BUILDING CONTRACTORS ASSOCIATION, INC.
and the
MASON TENDERS DISTRICT COUNCIL
The Building Contractors Association, Inc. (the “Association” or “BCA”) and the Mason
Tenders District Council of Greater NewYork on behalf of itself and its constituent Locals
78 and 79, (the “Union” or the “MTDC”) recently concluded negotiations for a new
collective bargaining agreement (the “Agreement”) to take effect July 1, 2021. In the
course of these negotiations, BCA and MTDC agreed as follows:
1. Agreement: The BCA and MTDC shall execute a four-year collective bargaining
agreement which shall be effective as of July 1, 2021 and shall expire at midnight on
May 31, 2025.
2. Terms: The terms of the Agreement shall be the same as the terms of the agreement
between the parties that expired on June 30, 2021, except for necessary modifications
in dates and as specifically specified herein (but note, the updating of dates shall not
apply to Side Letter #3 of the 2018-2021Agreement (“Re: Procedures and Grounds for
July 1, 2020 Reopener”), which shall be eliminated).
3. Wages: Subject to the Union’s right to allocate and/or reallocate, there shall be no
increase in wages through December 31, 2021, thereafter effective January 1, 2022:
$1.50 per hour; effective January 1, 2023: $1.25 per hour; effective January 1, 2024:
$1.50 per hour; effective January 1, 2025 through termination of the Agreement: such
amounts as may be agreed to by and between the Union and the Contractors
Association of Greater New York.
4. Geographic Jurisdiction of the Agreement Outside NYC: Modify Article1, Section C to
provide: “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.”
5. Start-times: Modify Article V, Section 1(a) to replace the first sentence with the
following: “The Employer shall have the option to stagger start times between 6:00
a.m. and 9:00 a.m. for the regular work-day with the understanding that such
flexibility does not change the existing obligations or practices governing the presence
of a Shop Steward.”
6. Cannabis: Add a new Section 10 to Article XI, which provides: “The 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 tofurther
discipline, up to and including termination.”
7- Paid Sick Time. The provisions of the administrative code of the city of New York,
Title 20 Chapter 8 (Earned Sick Time Act) and those of New York State Labor Law
196-b (Paid Sick Leave), in relation to the provisions of sick time earned by employees
covered by this Agreement, are expressly waived by the parties to this collective
bargaining agreement because comparable benefits are already provided in this
Agreement.
8. IAP: Replace the first sentence of Article VI, Section 13 with the following: “The
Employer will contribute an additional amount equal to seven-tenths of a percent
(0.7%) of the total wage and 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.”
9. Other BCA Proposals. The parties have agreed that issues of the kind resolved in the
negotiations as indicted in the BCA’s June 15, 2021 negotiating proposals by
agreement to “be addressed on a job-by-job basis by the Target Committee” shall be
subject to resolution thought the processes set forth in Side Letter 2 of the Agreement
(“Re:Target Committee”’). The Unionfurther agrees to endeavor to make available to
BCA-member contractors any process for obtaining targeted relief on masonry jobs
which may be provided by agreement with Bricklayers Local 1 to members of the
Contractors Association of Greater New York.
10. BCA: Execution of this Agreement by BCA binds all members of BCA to its terms.
11. Facsimile and Email: For purposes of execution of this Memorandum of Agreement,
facsimiled or emailed signatures shall be treated as originals.
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Dated this th Day ofJuly, 2021 Dated this Day ofJuJyT202i
FOR BUILDING CONTRACTOS FOR MASON TENDERS DISTRIC
ASSOCIATION, INC. COUNCIL OF GREATER NEW YORK
Managing Director