BCA/NASRCC-Local 279 CBA 5.1.2022-4.30.2025

NORTH ATLANTIC STATES REGIONAL COUNCIL OF
CARPENTERS
UNITED BROTHERHOOD
OF CARPENTERS
AND
JOINERS OF AMERICA
AGREEMENT
Between
the
BUILDING CONTRACTORS ASSOCIATION INC
and the
NORTH ATALANTIC STATES REGIONAL COUNCIL OF CARPENTERS
LOCAL UNION 290
Covering Nassau and Suffolk Counties
May
1, 2022, through April 30, 2025
Index
Recognition 2
Preamble 2
ART.
ONE Jurisdiction (Geographic) 3
ART. TWO
Council Representative 3
ART. THREE Union Security 3
ART. FOUR Grievance
and Arbitration 3
ART.
FIVE Jurisdictional DisputesProcedures 4
ART. SIX Foreman and General Foreman 4
ART. SEVEN Conditions
of Employment 4
ART. EIGHT Equal Employment Opportunity 6
ART. NINE
Discharge Notice 6
ART. TEN Holidays 6
ART. ELEVEN Hours of Work– Overtime 6
ART. TWELVE Rates of Pay Mode of Payment 7
ART. THIRTEEN Reporting TimeShape-Up 7
ART. FOURTEEN Shift Work
Pay Schedule 8
ART. FIFTEEN Apprentices 8
ART. SIXTEEN Fringe Benefits 9
ART. SEVENTEEN Industry Advancement Fund 10
ART. EIGHTEEN Dues Check-Off 11
ART. NINETEEN Insurance 1 1
ART. TWENTY
Steward 12
ART. TWENTY-ONE Mobility 12
ART. TWENTY-TWO Safety
Requirements 13
ART. TWENTY-THREE Drug and Alcohol Policy 13
ART. TWENTY-FOUR Toxic and Hazardous Materials 14
ART. TWENTY-FIVE Alternative Construction Manager 14
ART.
TWENTY-SIX Sub-Contractors 14
ART. TWENTY-SEVEN Labor Management Contract Security 15
ART. TWENTY-EIGHT Labor Management Committee 15
ART. TWENTY-NINE Management Rights 16
ART. THIRTY Savings Clause 16
ART.
THIRTY-ONE Trade Autonomy 16
ART. THIRTY-TWO Work in
Other Areas 18
ART. THIRTY-THREE Contracts 18
ART. THIRTY-FOUR MarketOpportunityFund/Provisional
Program 19
ART. THIRTY-FIVE Residential 19
ART. THIRTY-SIX Duration of Agreement 19
Signatures to Agreement 20
I
RECOGNITION
This Agreement is entered into by the Association/Contractor , hereafter referred to as
the “Association”, on behalf of their members who employ or
may employ unit employees and THE NORTH ATLANTIC
STATES REGIONAL COUNCIL OF CARPENTERS and of THE UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA,
or any successor Council, hereafter referred to as the “Union”. The Union recognizes the Association
as the exclusive bargaining representative of all employer-members of the Association who have designated the Association as
their bargaining representative. The Association recognizes the Union
as the sole and exclusive collective bargaining
representative of all carpenters and employed by the Employer in the performance of
all work coming within the jurisdiction of
the United Brotherhood of Carpenters and Joiners of America.
The parties agree
that the collective bargaining unit covered by this agreement is a single multi-employer bargaining unit
consisting of employers represented by the Association that is bound to this agreement, including any individual employers who
are not members of
an Association but who sign the agreement or agree to be bound to it.
This agreement shall be binding on signatory contractors who are or who may become
signatory contractors during the
duration of the agreement. Signatory contractors shall be bound by the terms of this agreement for the duration thereof
irrespective of the fact that they may have terminated their membership in the Association.
The Employer is satisfied and acknowledges
that the Council has claimed and demonstrated that the Council has majority
support and represents
a majority of the Employer’s Employees in an appropriate bargaining unit for purposes of collective
bargaining. Accordingly, the Council demands recognition, and the Employer recognizes the council, as the exclusive
bargaining agent under Section 8(f) for Nassau and Suffolk Counties of the NLRA (National Labor Relations Act) for all of its
Employees within the contractual bargaining unit.
Employers who sign independently recognize
a single-multi employer collective bargaining unit through the Association. In
such case, each employer, by signing or agreeing to be bound by this Agreement thereby authorizes the Association to act as its
collective bargaining representative for
all matters pertaining to this Agreement and for subsequent negotiations, covering this
multi-employer bargaining unit; and thereby expresses its unequivocal intention to be bound by
group rather than individual
action in collective bargaining, whether
or not it becomes or remains a member of this Association. A withdrawal of such
bargaining authority by any independent signatory shall only be effective if in writing and received by the Council not
more
than ninety (90) days and not less than sixty (60) days prior to expiration of the stated term of this Agreement, or any succeeding
Agreement in effect between the Council and Association.
The parties hereby waive any right they may have to repudiate this Agreement during the term of this Agreement or during the
term of any extension, modification, or amendment to this Agreement, or during the negotiation thereof.
PREAMBLE
The Employer is desirous of employing carpenters and joiners and all subdivisions of the United Brotherhood of Carpenters and
Joiners
of America in the Construction Industry and appurtenances thereto within the Territorial Jurisdiction of this Agreement.
This agreement is entered into to prevent strikes and lockouts; to facilitate the peaceful adjustment of grievances and disputes
between the
Employer and the Union and its members; to prevent waste; unnecessary and avoidable delays and the results
through them to the Employer of cost and expense and to the employees covered thereby of loss of wages; to enable the Employer
to
secure at all times sufficient forces of skilled workers; to provide as far as possible for the continuous employment hereunder
of labor; to provide
that employment hereunder shall be in accordance with conditions and at wages herein agreed upon, and by
reason of this Agreement and the
purpose and intent hereof, to bring about stable conditions in the Industry, keep costs of work
in the Industry as low as possible, consistent with
fair wages & proper working conditions as provided for hereunder
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JURISDICTION (GEOGRAPHICAL)
ARTICLE ONE
Section (a). The geographical jurisdiction of this Agreement shall be comprised of the following two (2) Counties of the Union:
Nassau
and Suffolk. South of the Southern State Parkway and West of the Seaford Creek shall be the territorial jurisdiction of
the
New York City District Council of Carpenters.
Section (b). Shop Agreements of the Union are separate and apart from this Master Agreement.
Section (c). The Contractor shall notify the Council 72 hours prior to the start of the project.
COUNCIL REPRESENTATIVE
ARTICLE
TWO
The Council Representative or any other authorized representative of the “Union” shall be allowed to visit the jobs of any
Employer during working hours.
UNION SECURITY
ARTICLE
THREE
Section (a). The Union agrees to furnish, through its office competent journeymen selected for reference to jobs upon a nondiscriminatory basis, such furnishing to be made upon request of the Employer and with the Employer retaining the right to
reject
or accept the applicants for employment.
Section
(b). The Union agrees that its office will maintain appropriate registration facilities for the listing of persons possessing
the skills required for the performance of work by the Employers. The Employer may employ applicants directly at the job
site.
Section
(c). It shall be a condition of employment that the employees of any Employer covered by this Agreement who are
members
of the United Brotherhood in good standing on the effective date of this Agreement shall remain members in good
standing and those who are not members in good standing on the effective date of this Agreement, or who are hired on or after
its effective date, shall, on the 8th day following its effective date, or the 8th day following the beginning of employment
(whichever is later) become and remain members in good standing.
Section (d).
It is the intention of the parties that hiring procedures under this Agreement shall conform strictly to the
requirements of State and Federal Law, and that this Agreement shall provide the maximum union security permitted by law.
GRIEVANCE AND ARBITRATION
ARTICLE
FOUR
Section (a). During the term of this Agreement, any question relating to its interpretation or any dispute arising from any
provisions shall
be subject to the following grievance and arbitration procedure, it being understood that this clause shall not be
used for the purpose of determining subjects relating to trade jurisdictions.
1. The Job Steward shall attempt to resolve the dispute on the job with a senior representative of the Employer.
2. In the event that the dispute is not resolved by Step (1), a Council Representative and a Representative of the
Association/Contractor shall meet within 2 business days and attempt to settle the dispute.
3. Should Step
(2) not resolve the issue in dispute within 5 business days, the two parties to the Agreement shall each appoint
three members to form a Joint Committee to hear the dispute and a decision by a majority of the Joint Committee shall be final
and binding
on the parties.
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4. In the event that the Joint Committee is unable to decide the dispute within 15 days business days, either party may request
arbitration by submitting in writing, with
a copy to the other party, a request to the American Arbitration Association for a panel
of arbitrators, one of whom shall be selected by the Joint Committee. The decision
of the Arbitrator shall be final and binding
on all parties concerned. The expenses of the arbitrator shall be borne equally by the two parties to this Agreement.
Section (b). During the term of this Agreement, and during the period of hearing grievances and arbitration, neither party shall
order or sanction any lockout, strike or other work stoppage or slowdown.
JURISDICTIONAL (DISPUTES-PROCEDURES)
ARTICLE FIVE
Section (a). Jurisdictional Dispute by any Union(s) and which involves the Union, including any of its affiliated Local Unions
(collectively North Atlantic State Carpenters”) agree not to use or be bound by the Plan for the Settlement of Jurisdictional
Disputes (the “Plan”), except when PLA’s are the binding agreement for
a particular project.
Section (b). All jurisdictional disputes which involve the Northeast Regional Council of Carpenters shall be settled through
arbitration where the arbitrator shall be bound by and render his/her decision according to local area practice. The assignments
of the Contractor(s) shall be followed, and work shall continue uninterrupted until the dispute is resolved. Decisions rendered
by the Arbitrator shall be final, binding, and conclusive on the affected Contractor or Contractors and the Union or Unions.
The Parties agree to utilize the rules of the American Arbitration Association for selection of
an arbitrator and conduct of the
arbitration.
FOREMEN-GENERAL FOREMAN
ARTICLE SIX
Section (a). All Foremen and General Foremen shall be journeymen members of the Union and shall be hired and discharged
subject to the provisions of the Labor Management Relations Act of 1947, as amended.
Section (b). A
Foreman shall not act in the dual capacity of a job superintendent.
Section (c). General Foreman must be designated by the Employer when there are three (3) or more foremen employed
on the
job.
Section (d). When five (5) carpenters and/or apprentices are employed, one shall be designated as
a foreman. He/she shall be
responsible for the laying out of work and to assign work to respective workers. The foreman shall be permitted to work with
journeymen’s tools at the discretion of the employer.
CONDITIONS OF EMPLOYMENT
ARTICLE SEVEN
Section (a). Except as otherwise provided Article Twenty-One, a fifty percent (50%) ratio of carpenters must be joumeyperson
whose employment with the Employer originated in the Council’s geographic jurisdiction and this ratio shall be maintained
throughout such job in the
manner heretofore described. This shall apply to each job of each individual Contractor.
Section (b). All employees shall receive five (5) minutes before noon, and at the end of each day’s work for the purpose of
picking up their tools and securing them from loss through theft or damage resulting from job operations or weather conditions.
Section (c). The time-honored custom of
a “Coffee Break” shall be permitted during the morning working hours with the mutual
understanding
that this custom shall not be abused by the employee or employer. A coffee break shall be permitted in the late
afternoon if the job is to
work more than eight hours
Section (d). Every employer shall provide
a weather tight building or room large enough to accommodate the employees covered
by this Agreement, for
use as a tool room and shelter. This room shall be provided with a table and benches for use during
lunch time for their use. During the months from November 1 thru April 1 the shelter
must be heated.
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Section (e). A crib for employee’s toolboxes shall be provided. The crib shall be fitted for a padlock to be furnished by the
employees
on the job. When tools and clothing are left in said crib or are in a locked shanty, the employer shall be responsible
for the loss of said tools and clothing by fire or theft by forcible entry. The maximum dollar amount that any employee may
claim for
a loss under this provision shall not exceed Five Hundred ($500.00) for Carpenters. A claim must be itemized, in
writing, and sworn to before a Notary Public. Employees shall be responsible for their own negligence.
Section (f). The Employer
agrees to furnish a supply of clean, pure and cool drinking water, either as running water or in a
clean, covered container with spigot and a sufficient supply of disposable drinking cups.
Section (g). Toilet facilities shall be provided or made available in a sufficient number to accommodate all employees on the
based on at least one (1) unit for every thirty (30) persons or fraction thereof. Such facilities shall consist of water closets, but
chemical toilets shall be provided instead of water closets where water and sewer connections are not readily available. Toilet
facilities shall be maintained in
a sanitary condition and must comply with OSHA standards
Section (h). All shop employees sent to work on the job site shall be governed by the conditions of this Agreement.
Section (i)
All Lasers, when used on work within the trade jurisdiction of the U.B.C, shall be furnished by the employer and are
considered a tool of the trade and operated by employees covered by this Agreement.
Section (j). No employee shall be allowed to furnish his/her own sawhorses, benches, hand screws, straight edges, ladders,
power or battery operated tools of any kind
or description on any construction job.
Section (k). All special tools and/or equipment of any nature shall be furnished by the Employer.
Section (1). The Employer shall supply the necessary raingear and boots when conditions warrant their use. This raingear shall
remain the property of the Employer and
must be returned upon request or in the absence of a request at no later time than the
employee’s termination of employment. The employee shall be financially responsible for the equipment not returned; the
amount not to exceed Twenty-five Dollars ($25.00).
Section (m). The Employer shall see that
a First Aid Kit is furnished for the job and that the same shall be kept completely
supplied with necessary medical equipment.
Section (n). An employee injured at work, shall be paid full wages and
wage supplements for the time spent receiving medical
attention on the day of the injury. If
a “Doctor” certifies that said employee is unable to return to work on the day of the injury,
the employee shall be paid full wages and wage supplements for the day.
Section (o). The Employer will endeavor to provide proper parking facilities as near the job site as possible.
Section (p). All welding gear, welding torch, welder, burning equipment, gloves, sleeves, helmets, goggles, and any other type
of welding instruments are to be supplied by the Employer.
Section (q). Instruments such as transit, level, theolite, laser when used as an instrument, piezometer when instrumented and
fathometers when used
on work within the trade jurisdiction of the U.B.C. shall be considered a tool of the trade.
Section (r). All layout equipment shall be supplied by the Employer.
Section (s). Workers employed in
areas protected from the weather may be required to remain at work.
Section (t). The Employer agrees that any and all form work must be constructed by
a member of the union. And furthermore
agrees that any form work that can be done on the job site or adjacent to the job site, must be done there.
Section (u). Whenever concrete is being poured,
a carpenter is available, he to watch the forms and make necessary
adjustments during the pouring. Any additional carpenters that may be required shall be the decision of the employer.
Section (v). Labor and Management are committed to have
a safe and productive working environment. To accomplish this
goal a program will be developed by Labor & Management to have all carpenters complete
an O.S.H.A. 30 Safety Course.
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Section (w) Applicants for referrals through the Referral Hall shall be sent out in rotation provided they have the necessary
skill and experience to fill the job as established by the Council. Carpenters who have been employed for substantial periods
of time within the two (2) years prior to the date they seek employment through the Referral hall by any Contractor who is a
pally to this Agreement, or by any other Contractor where such Contractor was a party to any agreement with the Union, shall
be presumed to meet the general requirements of skill and experience and shall be placed on the referral list.
Section (x) All other carpenters must
pass a fair and comprehensive examination given by the Local Union Examining
Committee before they shall be placed
on the job referral list.
EQUAL EMPLOYMENT OPPORTUNITY
ARTICLE EIGHT
The Employer and the Union shall not discriminate against any employee or applicant for employment because of race, creed,
color, sex, national origin, age, disability, marital status, sexual orientation or citizenship status with respect to any employment
decisions as required by Federal, State and Local
Laws.
DISCHARGE NOTICE
ARTICLE NINE
Employees shall upon discharge, receive one (1) hour notice with wages and benefits for the purpose of collecting his/her
tools. It is understood that he/she shall remain on the job to the normal quitting time. If discharged at the end of the regular
hours of work, he/she shall receive one (1) hours pay at the straight time rates in lieu of notice. Upon discharge, he/she shall
be paid in full.
Any employee who does not receive his/her wages in full
upon discharge or before quitting time shall be paid waiting time at
straight time rate, including benefits, for each hour of waiting until he/she is paid in full including the waiting time hours, not
to
exceed two (2) days’ pay for waiting time.
HOLIDAYS
ARTICLE TEN
Section (a). The following days shall be considered Legal Holidays.
New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day After
Thanksgiving, Christmas Day
Section (b). No work shall be performed on the above-mentioned legal holidays without the permission of the Union. All work
performed on the above-mentioned legal holidays shall be at double the straight time rates for the regular hours of the regular
work day with straight time fringe benefits.
Section (c). Where
a holiday falls on Sunday, it shall be observed on Monday.
Section (d). Holiday Pay, report in time, overtime and waiting time require payment of Fringe Benefits.
HOURS OF WORK OVERTIME
ARTICLE ELEVEN
Section (a). The standard hours of work and start times are between the hours of 6:00 a.m. & 9:00 a.m. and 2:30 p.m. & 5:30
p.m. Monday through Friday with a thirty (30) minute unpaid lunch included.
Section (b). The working week shall be five (5) days from Monday to Friday inclusive of
an eight (8) hour day. Except as
provided hereinafter, no work shall be performed on any other days or outside the hours specified, without permission of the
Union.
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Section (c). For all overtime worked beyond the hours of work set forth above, Monday thru Friday employees shall be paid at
the rate of time and one-half the regular wage rate. Time and one-half the regular
wage rate shall be paid for Saturdays. Double
time wage rate shall be paid for all time worked on Sundays and Holidays. All hours worked will be at straight time fringes.
Section (d). The Employer
may establish a work week consisting of four (4) days, Monday through Thursday, each day
consisting of ten hours
at straight time in accordance with the law. A 4-10’s schedule may be instituted only upon the mutual
consent between the Association and the Union. The 4-10’s must run for
a period of at least four days and must apply to the
entire carpenter crew on the project. The Association and Union must mutually agree prior to project starting.
Section (e). When it is mandated by
a Government Agency or requested by a General Contractor a flexible start time can be
issued. It is understood
that on all renovation, repair and alteration work that requires a single shift outside of the normal working
hours herein specified, such time worked up to seven (7) or eight (8) hours where applicable shall be
at the straight time rate
plus fifteen (15) percent. Overtime on such work shall be at time and one-half the appropriate rate. It is understood and agreed
that those employed on this type of work shall not have been employed on other construction during the regular working hours.
Section (f) When conditions beyond the control of the employer, such as severe weather, widespread power failure, fire,
natural disaster, etc., prevent the operation of the job on one
or more normal working days, the employer may, with the
permission of the Union, schedule the Friday or Saturday of that calendar week during which work was prevented, as a make¬
up day at straight time, depending on
a 4-day or 5-day scheduled work week. All hours worked in excess of the normal day
worked shall be paid for at the rate of time and one-half (1 1/2). When
a holiday falls on the make-up day, then the makeup
rate shall be time and one-half (1 1/2) for the normal days worked performed. In order to utilize a Friday or Saturday
as a
make-up date, the employer must declare a regular work day “terminated” for one of the reasons listed above, no later than
10:00 am of the day terminated, and must notify the Union of its desire to work
a make-up day by noon of the day preceding
the make-up day. If carpenters are needed to work
a make-up Friday or Saturday, other than those already working on the job,
the employer shall hire 50% of its carpenters through referral from the Union, and it will use 50% of carpenters employed by
it on other job sites. A make-up Friday or Saturday shall be a guaranteed a normal work day with a guarantee of a full day
wages, with one-half (1/2) hour off to eat. Only employers in good standing, meaning those signatory
contractors who are
paid-up (wages and fringes), will be considered for a Saturday make-up day and permission will not unreasonably be withheld
for
a Saturday make-up.
RATES OF PAY MODE OF PAYMENT
ARTICLE TWELVE
Section (a). The parties agree that the wage rates, hours and other terms and conditions of work shall prevail during the term of
this collective bargaining Agreement.
Section (b). Effective on the dates listed, the hourly rates for the listed craft classifications shall be as
indicated. The Union
reserves the right to distribute future wage increases into fringes.
Section (c). A
statement shall be furnished with the payment of wages showing Employer’s name Employee’s name Total
Earnings
Total Hours and Tax deductions itemized. A payroll check shall be drawn upon a local financial institution within
the region, payable on demand at par; provided the Employer cashing such checks shall provide reasonable facilities for cashing
such checks. All employees shall be paid weekly, not later than Friday. In the event that employees are not paid by quitting
time on Friday, Contractor will pay up to 3 (days) wages and fringes at double time rate. Employee must remain on site during
this period.
Section (d). The Union shall have the right to require the employer to post
a “Surety Bond” of $75,000 (seventy five thousand
dollars) to guarantee the payment of wages and benefits to all employees covered by this agreement. This shall apply to non¬
association members only. If
an Association member becomes delinquent the Union has the right to request that a bond be
posted by the contractor.
Section (e).
For wages and benefits see Addendum A
REPORTING TIME REPORT IN TIME
ARTICLE THIRTEEN
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Section (a). All employees reporting for work at the beginning of a shift who are not furnished with work for any reason
excluding inclement weather shall receive
two (2) hours pay for “Reporting Time.” Should any employee commence work, he
or she shall
receive no less than two (2) hours pay. The employees shall remain on the job for the two (2) hours unless directed
otherwise
by the foreman. If weather or other conditions make it impractical to work, pay shall be based on the actual hours
worked which includes “Reporting Time”.
Section
(b). Employees ordered to report for work on Saturday or Sunday or days listed under ARTICLE TEN (10) and who
are prevented
from working because of inclement weather or other reasons beyond the control of the employer, the employees
shall be paid at the applicable
overtime rate if no work is performed during the hours of “Reporting Time” as required under
Sections (a) above.
Section (c). If work is performed during any part of the above mentioned “Reporting Time” hours, the applicable overtime rate
shall be paid, time and
one-half on Saturdays, double time Sundays and holidays.
Section (d).
Reporting time, report in time, holiday pay and overtime, require payment of Fringe Benefits.
Section (e). Where, for the benefit of an Employer, an employee must cross a body of water in order to reach the job site
(islands including
man made) and there is no public transportation available to said site, then it shall be the responsibility of the
Employer to provide adequate safety and comfort for the employee’s transportation. The time for such transportation, whether
public or private, shall be
paid by the Employer (not ordinary bridge tolls) from the time of departure from mainland until time
of
return to mainland.
SHIFT WORK PAY SCHEDULE
ARTICLE FOURTEEN
Section (a).
(1). First
Shift
Regular hourly rate of wages and benefits, with a 30 minute lunch break.
(2). Second Shift
Regular hourly rate plus 15% per hour, with a 30 minute lunch break.
(3). Third Shift
Regular hourly rate plus 15% per hour, with a 30 minute lunch break.
Section (b). All shift work hours are paid at straight time benefits.
Section
(c). All requests for shift work shall be approved by the Union before start of same.
Section (d). Any hours worked outside the normal shift shall be at time and one half the appropriate wage rate for each
appropriate shift.
APPRENTICES
ARTICLE FIFTEEN
Section (a). An Employer who employs one (1) journeyperson may employ one (1) apprentice. For each additional three (3)
journeymen the employer may employ one (1) additional apprentice or as State Law permits.
Section (b). The Employer agrees that it shall make appropriate contributions as set forth in its Collective Bargaining
Agreement with the Union in the amount set forth in this agreement. It is recognized that these designations may be changed
during the term
of the contract. The Employer’s remittance shall be in the form and manner as specified by the North Atlantic
States
Regional Council of Carpenters. In the event of a change of designation during the term of this Agreement, written notice
of
such change will be given to each employer at least five (5) business days prior thereto.
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Section (c). The employer agrees to be bound and shall comply with agreements, declarations of trust, plans or other relevant
documents with respect to
the North Atlantic States Carpenters Training Fund.
Section (d).
For wages and benefits see Addendum A.
FRINGE BENEFITS
ARTICLE SIXTEEN
Section (a). The Employer agrees that it shall make fringe benefit contributions to those fringe benefit funds designated by the
Union, in the amounts set
forth in this Agreement. It is recognized that these designations of the specific fringe benefit funds
to
receive contributions may be changed during the term of this Agreement. In each instance, the Employer shall be bound by
and shall comply with the
agreements, declarations of trust, plans and/or regulations of the fringe benefit funds, and the labor
management cooperation committees, so designated. The Employer’s remittance shall be in the form and manner as specified
by the designated recipient of the contribution. In the event
that a change of designation occurs during the term of this
Agreement, written notice
of such change will be given to each Employer at least thirty (30) days prior.
Payment will be made at the designated Fund
Office by Electronic Fund Transfer, payable to the North Atlantic States
Carpenters Funds, or their legal successor. Such benefits and contributions to said Funds shall be made and paid by the employer
purchasing benefits covering all such required contributions. The failure of the employer to comply with the requirement that
weekly benefit purchases shall subject the employer to those remedies available with respect to nonpayment of wages. At the
time
of purchase of the benefits, the employer shall furnish the Fund Office with a statement providing such information as
required on forms supplied by the Fund Office. The information shall include, but not be limited to, payroll or
similar records
which contain the names of the carpenters, the job
project, the number of benefits purchased and the date of issuance. The failure
by the employer to fully
supply this information shall constitute a material breach of the Agreement subject to those remedies
available under this Agreement.
It is understood that the employer will treat Vacation Fund and Political Action Committee
Fund contributions as well as work assessments as wages so that all payroll taxes will be deducted from the gross total wages
paid
to the carpenter and the full contribution, net of said payroll taxes, shall be remitted. The Welfare Fund does not provide
New York State Disability benefits.
Section (b). Failure on the part of the Employer to make the required contributions, by the end of the following payroll week
in
which the hours are worked, shall make the Employer liable for all contributions due, all collection costs including auditing
and
attorney fees, 20% of total due each Fund as liquidated damages, plus interest. The Employer agrees to comply with the
collections policy enacted by the governing body of the designated recipient.
Section (c). Any Employer who is or becomes delinquent shall be required to post a” Surety Bond” in the amount of $75,000
(seventy-five thousand dollars) in such amounts as to secure all future payments to the wages and benefits. This shall apply to
all
Association and non-association members alike.
Section
(d). Notwithstanding no strike provisions of this Agreement or the existence of the grievance and arbitration procedure,
the
Union shall have the right to remove Employees from the employ of an Employer who is thirty (30) days or more delinquent
in the payment of contributions to the Funds. The Union shall not be obligated to return Employees to work unless and until all
delinquencies have been made as required.
Section (e). Where such
action is necessary as a result of the delinquency of any Employer in the payment of wages or fringe
benefits as set forth in this Agreement, such delinquent Employer shall be required to pay the Employees’ wages and fringes
for
each day not to exceed three (3) days prior to returning to employment for such Employer.
Section (f). The Trustees of the Funds shall have the authority to audit the payroll of a contributing Employer to determine the
accuracy of reports submitted to the respective Funds. In addition, the Trustees shall be authorized to audit the reports of a
contributing Employer who may be more than twenty-one (21) day’s delinquent in its reports. The cost of the audit are to be
paid
by the delinquent Employer.
Section
(g). A seven (7) day notice to the delinquent Employer of the proposed audit shall be deemed sufficient notice. Such
notice shall direct the Employers to have its books and records available to the auditor.
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Section (h). The Union retains the exclusive right to allocate, or to reallocate, at any time, all wages and contributions to those
Fringe Benefit Funds determined by the Executive Secretary-Treasurer.
Section (i). On request, each Employer and/or Union shall receive
a copy of the Funds’ annual reports.
Section (j). Weekly Contributions
Section (k). Throughout the life of this Agreement the Council will periodically provide the Association and/or Employers with
rate sheets providing for the allocation of benefits to its Employees. The Employer is solely responsible for providing its
Employees with the correct benefits. It is understood and agreed that the preceding provisions shall apply to each of the jointly
administered Funds: North Atlantic States Carpenters Health & Welfare Fund, North Atlantic States Carpenters Pension Fund,
North Atlantic States Carpenters Training Fund, North Atlantic States
Carpenters Annuity Fund and the North Atlantic States
Carpenters Labor Management Program or its
successor funds.
Section (1). The phrase “employees covered by this Agreement” shall be deemed to include full time employees of the Union.
For the purpose of computing payments to each of the funds, overtime hours shall be figured at straight time rates.
Section (m). All Employers shall be responsible for payment of all amounts due the “Benefit Funds” of its Sub-Contractors
after receipt by the Employer of notice from the Union
that such Sub-Contractors have been delinquent in payment of Benefit
Fund contributions for
seven (7) days from the due date.
Section (n). Effective January 1, 2023, each Employer shall make all Fund contributions and working dues deductions utilizing
the Funds’ electronic benefit
program. The electronic benefit program to be utilized by the Funds will provide for the payment
of benefits by Employers for each hour due to the Funds under this Agreement and dues deductions as provided for in Article
Eighteen (Article 15 in AGC
CBA). All Employers will be required to remit all benefit contributions to the Funds using the
Fund Office’s I-Remit program, or any
successor electronic benefit program utilized by the Funds.
The Funds have established the North Atlantic States
Carpenters Central Collection Agency (NASCCCA) whose purpose is
to perform the collection, auditing and related activities for the Funds. The NASCCCA is directed equally by Union and
Employer
Trustees.
INDUSTRY ADVANCEMENT FUND
ARTICLE SEVENTEEN
The Industry Advancement Fund for the Association of Wall, Ceiling & Carpentry Industries has been established for the
purposes of promoting industry advancement and related programs to improve conditions in the industry and enhance
employment of employees within the jurisdiction of the Union.
All members of the ASSOCIATION who have designated the ASSOCIATION as their collective bargaining representative with
respect to negotiations with the COUNCIL, and all independent Employers who authorize such payment and are signatories to
the Collective Bargaining Agreement shall contribute to the AWCC Industry Advancement Fund an amount equal to twentyfive ($.25) cents
per hour for all hours worked. Upon authorization, the contributions required hereunder shall be collected in
the
manner set forth in Article Sixteen of the Agreement. There shall be no commingling of these funds with those fringe benefit
contributions and dues check-off, due and owing to the COUNCIL.
All monies received by the benefit funds for the Industry Advancement Fund shall be immediately remitted to the offices of the
Industry Advancement Fund. The function of the Benefit Funds is merely to collect such monies from the employer.
The
parties agree that this arrangement has been agreed to only as a matter of convenience in order to facilitate the transmittal
of contributions to the Industry Advancement Fund. All costs for clerical, legal and administrative services are to be borne
solely by the Industry Advancement Fund.
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It is expressly understood that neither the COUNCIL nor its jointly administered Benefit Funds shall exercise any dominion or
control over the collection
or utilization of the monies paid to the Industry Advancement Fund. Neither the COUNCIL nor its
jointly administered Benefit Funds shall be required to engage
in any acts with respect to the collection of monies for the Industry
Advancement Fund.
The Industry Promotional Fund shall hold harmless and defend the COUNCIL and its jointly administered Benefit Funds and
their Trustees and representatives from any and all loss
or damage including any legal fees incurred for the defense of any claim
or lawsuit occasioned as
a result of administering the collection of the Industry Promotional Fund.
The Fund shall not be used for the
purpose of financing legal action against the Union, lobbying in support of anti-labor
legislation and
it shall be operated in accordance with applicable law.
DUES CHECK OFF
ARTICLE EIGHTEEN
Check-Off. The Employer will check off and remit to the Union, work dues for all employees who have executed (signed by
the employee) and furnished to the Employer a payroll deduction authorization form. The Union will supply the payroll
deduction authorization forms to the employees. The Employer will deduct the amount of 6% (or other subsequently duly
authorized amount) from the total hourly package (wage plus vacation) of all employees who sign
a duly authorized and signed
payroll deduction authorization form. The Employer will remit said deductions to the designated Fund Office.
Indemnification. The Union will indemnify and hold the Employer harmless against any and all claims, demands, or other forms
of liability which may arise out of,
or by reason of any action taken, or not taken, by the Employer at the request of the Union,
in accordance with the provisions of this Article.
Deductions. Deductions shall be made only for those employees who have voluntarily submitted the Employer with written
authorization. The written authorization will be delivered to the Employer before any payroll
deductions are made. Any
authorizations for check-off of Union work dues that are incomplete or in error, will be returned to the Union by the Employer.
The Working Dues Check-Off remittance shall be made weekly in which the hours were worked. The remittance shall be
forwarded to the designated Fund Office.
INSURANCE
ARTICLE NINETEEN
Section (a). The employer shall furnish and post proof of Workers’ Compensation, Disability Benefits Insurance, and meet all
other requirements as prescribed by Federal and State laws.
Section (b). The Union and the Association/Employer agree to consider implementation of a Workers’ Compensation ADR
Program.
Section (c). Prior to commencing any work, the contractor shall carry all required Worker’s Compensation
Insurance covering
all carpenters with an insurance carrier licensed or authorized to do business in the State of New York. The contractor shall, at
his
own expense, cover carpenters under the Disability Benefits Law of the State of New York effective immediately upon the
commencement of work. The contractor shall make all Social Security payments and all New York State Unemployment
Insurance payments for
all carpenters. The contractor shall carry any and all protective insurance and shall make any and all
social benefits payments covering the carpenters which he is required to carry or to make under any federal, state, municipal or
local law, rule
or ordinance. Upon signing an Agreement with the Union or the Association or upon request by the Union the
contractor must provide proof with a copy of Workers’ Compensation Coverage form Cl 05.2, Disability Coverage form DB120,
NYS Unemployment Insurance and Federal Withholding
Tax Numbers or an equivalent accepted by the union.
Section (a).
STEWARD
ARTICLE TWENTY
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1 . The General Contractor, as an employer, recognizes the right of the Union to appoint one of its members to act as steward
on the General Contractor’s payroll immediately
upon the commencement of any carpentry activity on the job by the General
Contractor or any subcontractors which are covered under this agreement. When the General Contractor does not employ
any
carpenters on the site, the General Contractor recognizes the right of the Union to appoint one of its members as Steward on a
sub-contractor’s payroll immediately upon the commencement of any activity on the job.
2. The Union shall appoint a working steward. The Union shall advise the employer, or his/her representative, of the designation.
The steward shall be employed whenever any work covered by this Agreement is being done on the job on which he/she is the
steward, provided he is qualified to do such work. He/she shall be included among the journeyperson who may be required to
work overtime.
Section (b). The steward shall be allowed
a reasonable length of time to perform his/her duties.
Section (c). The General Contractor shall assist the Union in obtaining work for the steward with
a subcontractor when the
General Contractor has no employees employed on the job.
Section (d). The steward shall not be laid off, transferred or discharged without prior mutual agreement of both parties.
Section (e). The steward if unjustly laid off,
a grievance will be filed, and the steward will be made whole for all time lost if
the layoff was unjust.
Section (f). When the employer is dissatisfied with the conduct of the steward, he/she shall notify the Union of his/her
dissatisfaction and it shall be the duty of the Union to take corrective action.
Section (g). The steward shall be notified when any hiring, firing or lay-off is contemplated.
MOBILITY
ARTICLE TWENTY-ONE
Section (a). The first person on the job shall be the Steward assigned by the Union. The second carpenter on the job shall be
the employer’s Foreman, who must a member of Local 290 or referred by the Council, (or otherwise he would be matched, but
not by
a Steward). If the Contractor is a member of an Association, they may then refer to section ( e) of the article.
Section (b). The employer shall have the right to assign the balance of the workforce from
among its existing employees so long
as the journeyperson’s employment with the Employer originated in the Council’s geographic jurisdiction. If the Employer
assigns
a joumeyperson whose employment with the Employer did not originate in the Council’s geographic jurisdiction, the
Union will have the right to match as per current Agreement (50/50). On all jobs having five (5) or more carpenters, the
contractor will make a reasonable effort that at least one (1) of said five (5) shall be
a carpenter with 25 continuous years of
service
or more under the terms of collective bargaining agreement within the Council’s geographic jurisdiction, or one may be
appointed by
a Council Representative.
Section (c).
If it is determined by the Union that the employer has violated the provisions of this Agreement (for example, not
reporting jobs, failure to pay
proper wages and benefits), and the Union has informed the Association in writing of the violation
that has occurred the employer shall have access to the grievance procedure within Article Four (4) of this agreement to contest
any alleged violation.
Section (d). The Steward shall have the right to check all employees’ paychecks,
on a weekly basis, to verify proper wages and
vouchers.
Section (e). Projects of
2 Journeypersons or less
I. Contractor must notify the
Local/Council prior to start of project.
2. Contractor must be paid up to date with benefits
on all projects within NASRCC.
3. Steward Reports must be submitted weekly from one of the Joumeyperson Carpenters on site who is
a Local member of
jurisdiction selected by the Council.
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4. Benefits must be purchased weekly for project.
5.
All Carpenters must be from Council, or they will be matched by a carpenters assigned by the Union.
6. If job conditions change to the extent that a third person or
more are required, then a Steward will be assigned by the Council
and continue on the project as the third person until the completion of the project. This carpenter will not be removed and
replaced with your own assigned second person to act as the Steward.
7. Any default of these rules, the contractor may lose this ability for the entire length of the agreement. Both carpenters
(Foreman and Joumeyperson) must be from the North Atlantic
States Regional Council.
9. This provision is only obtainable for Association members.
Section (f). Association members are allowed up to five (5) days with one (1) Caipenter whose employment originated in the
Council’s Geographical Jurisdiction to work on Punch List items. Notification to the Council must be made prior to the
start.
SAFETY REQUIREMENTS
ARTICLE TWENTY-TWO
The Employer shall comply with provisions of OSHA and Industrial Code Rule 23, issued by the State of New York, Department
of Labor, regarding the safety and protection of persons employed in construction and demolition work and other applicable
New York State Department of Labor Safety Requirements. Violations of accepted or mandated safety procedures shall be
cause for immediate discharge.
Use of alcohol or narcotics during the regular workday shall be cause for immediate dismissal.
DRUG AND ALCOHOL POLICY
ARTICLE
TWENTY-THREE
Section (a). Labor and Management are committed to providing employees with a drug-free and alcohol-free workplace. It is
the goal to protect the health and safety of employees and to promote
a productive workplace and protect the reputation of Labor
and Management and the employees.
Section (b). Consistent with these goals, the Employer prohibits the use, manufacture, possession,
distribution or sale, at its
employment sites, of drugs, drug paraphernalia or alcohol. A
program of urine testing, pursuant to the Substance Abuse
Program, may be instituted, upon mutual consent of Labor and Management.
Section (c).
1.
If the owner or Employer requires a blood test or urinalysis for drug and alcohol testing, such tests shall be performed on
company time and paid by the Employer. The Employer has the right to terminate the employment of any Employee testing
positive.
2. The Employee has the right to have a second
test taken on his own time and at his own expense within 24 hours of receiving
the results of the first test. If the second test proves negative, the Employer will reinstate the Employee or require
a third test.
3. If
a third test is required it shall be taken on the Employees time within 24 hours of receiving the results of the second test.
The Employer shall
pay the expense of such testing. If the last two tests prove negative, the Employee shall be reinstated.
TOXIC AND HAZARDOUS MATERIALS
ARTICLE TWENTY-FOUR
Section (a).
1. Carpenters employed in the removal or abatement of asbestos or
any toxic or hazardous material or required to work near
asbestos or any toxic or hazardous material shall wear all protective equipment mandated by New York State or Federal
Regulations or required by the Employer as a safety precaution. Protective equipment subject to this provision shall include but
is not limited to asbestos suits, face masks and special breathing equipment.
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2. Carpenters employed in the removal or abatement of asbestos or any toxic or hazardous material or required to work near
asbestos
or any toxic or hazardous material and required to wear protective equipment as explained in Section (a) Paragraph (1)
shall receive two (2) additional hours of wages and benefits per day.
Section (b). The Employer shall provide all required hazardous material protective equipment.
Section (c). When showers, x-rays or change to asbestos suits are required, provisions shall be made for the appropriate
facilities.
All showers, x-rays and changes to asbestos suits, when required, shall be performed during working hours or paid at the
applicable overtime rate.
ALTERNATIVE CONSTRUCTION MANAGER LANGUAGE
ARTICLE TWENTY-FIVE
Whenever any signatory contractor performs work as a construction manager or solicits bids from subcontractors, considers
proposals submitted by subcontractors or coordinates work performed by subcontractors, it shall be deemed to be a general
contractor subject to the terms and conditions of this Agreement, with respect to all jobsite work, including, but not limited to,
assuring that all work covered by this Agreement is performed by contractors
that are parties to a collective bargaining agreement
with the Union, provided, however, this provision shall not apply
to 1) any affiliated development company or entity that does
not manage and/or coordinate the construction contracts
or construction work and that does not participate in the selection of
subcontractors or 2) any signatoiy contractor acting as
a construction manager overseeing a public works project, where a bid
awarded to
a non-signatory contractor as the lowest responsible bidder is outside of the control of the construction manager
and is otherwise required by law. The Employer recognizes that the Union, pursuant to the National Labor Relations Act, has
the right to request that the Employer provide it with information relating to whether it manages and/or coordinates
contracts or
construction work or the selection of subcontractors and/or whether work has been awarded to the lowest responsible bidder
on
a
public works project.
SUB-CONTRACTING
ARTICLE TWENTY-SIX
Section (a). This Agreement shall bind the parties hereto and any and all Subcontractors employed by the Contractor and any
contract entered into with any Subcontractor shall contain a stipulation binding said Subcontractor to the conditions and
covenants of this Agreement. The Contractor shall be responsible for any claims against any of its Subcontractors relating to
wages and contributions due to the Welfare, Pension, Vacation, Annuity, Labor-Management Cooperation and the Apprentice
Training Committee Trust Funds or other Fringe Benefit Funds enumerated herein. Every Employer party to this Agreement
shall notify the Council of the awarding of any contract on which carpenter works is to be performed, whether by the Contractor
or its Subcontractor. Said notice shall include location of the job and the name and address of the Contractor
or Subcontractor
involved. To the extent permitted by law, failure to comply with this section shall be a breach of the Agreement and shall
authorize the Union to remove its members from any job on which said Contractor or Subcontractor is working until said notice
is complied with. Said notice shall be within thirty (30) days of contract award and in
any event no less than seventy-two (72)
hours before the start of work.
Section (b). The Contractor bound to this Agreement agrees not to accept bids from
or sublet any work to any General
Contractor, Construction Manager, Project Manager, Builder, Site Manager, Broker or other
entities unless the said entity has a
signed Agreement with the Union. This paragraph can be waived by the Union, which consent shall not be denied so long as
the Contractor, etc., has not demonstrated in the past, a failure to adhere to a Carpenters CBA, including but not limited to,
failure to pay applicable wages and fringe benefit contributions, or otherwise by actions such as failure to adhere to applicable
area standards. For purpose of this Agreement, the Contractor, etc., must agree that it is a construction employer within the
meaning of the NLRA (National Labor Relations Act).
Section (c). A Contractor acting in the capacity of
a Construction Manager agrees that it or any of its Subcontractors will not
contract or subcontract carpentry work to be done at the site of construction, alteration or repair of the building, or structure,
except to
a person, firm or corporation party to a current labor agreement with the Union.
Section (d). A Contractor acting in the capacity of a General Contractor, Construction Manager, Prime Contractor, Builder or
Owner shall furnish the names of all carpenter Subcontractors to the Union in whose geographic jurisdiction the job is located,
on forms supplied by the Union before Subcontractors start work, when requested by the Union.
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Section (e). It is agreed that the word “Contractor” or “Employer”, as used herein, means not only a Contractor or Employer
which is signatory hereto, but also
means and shall include any other firm (whether a corporation, partnership, joint venture,
limited liability
company, or other business entity) engaged in the construction and/or carpentry industry in which an officer, a
partner, principal stockholder, member or sole proprietor of the signatory contractor or employer hereto is also an officer, a
principal stockholder, partner or single proprietor of such other firm and has significant degree of control of such other firm,
where the intent
or effect or consequence of such association undermines terms and obligations of the signatory Contractor to
this Agreement. Management consultants, construction managers, developers, and owners/builders having construction site
responsibility will also be considered as “Contractors” or “Employers” for the purpose of this Article and this Agreement.
Further, any person or entity performing any of the following services will be considered an Employer: The solicitation of bids
from Subcontractors; the consideration of proposals submitted by Subcontractors; the coordination of work performed by
Subcontractors; and the supervision of the construction project.
Section (f). The General
Contractor shall be responsible for collecting the pay for the carpenter Job Steward, if any work is
performed by the Subcontractor who performs work without reporting same to the Union before starting the job.
Section (g). If, as
a result of violations of this Article, the Council and/or the Trustees of the Funds shall have discretion to
institute a court action to enforce any right hereunder, the loser shall pay all costs of such action, including attorney’s fees.
LABOR MANAGEMENT CONTRACT SECURITY
ARTICLE TWENTY-SEVEN
Beginning June 1, 1994, if and when the Employer shall perform any work of the type covered by this Agreement within the
North
Atlantic States Regional Council of Carpenters’ jurisdiction area, under its own name or any other name, including a joint
venture,
wherein the Employer either directly or indirectly has a significant degree of ownership, management or control, the
terms
and conditions of this Agreement shall be applicable to all such work.
LABOR MANAGEMENT COMMITTEE
ARTICLE TWENTY-EIGHT
A joint labor/management committee “Joint Committee”, consisting of four (4) Representatives appointed by the Associations
signed to the Local Union 290 Agreement along with four (4) Representatives appointed by the Executive Secretary/ Treasurer
of the North Atlantic States Regional Council of Carpenters shall be formed to address contract issues and meet on a quarterly
basis and, if
necessary, at the call of one or more of the Joint Committee Representatives. By unanimous agreement, the Joint
Committee shall have the authority to
implement contract changes within the term of this agreement. The Joint Committee shall
address
jurisdictional issues that arise during the term of this agreement. By unanimous agreement, the Joint Committee shall
have the authority to negotiate terms and conditions of a residential agreement.
MANAGEMENT RIGHTS
ARTICLE TWENTY-NINE
Except where specifically limited by this agreement, the direction of employees, the determination of employee competency,
the right to hire, transfer, promote, discharge, lay-off for lack of work and the scheduling of work are rights vested in the
employer.
In the
event that the Union grants more favorable terms and conditions than those specified in this agreement to any employer
or
employers, unless approved by the Executive Director of the association and the Union, then this agreement may be modified,
at the
option of employer, to incorporate such other more favorable terms and conditions.
Union
shall retain an affirmative duty to notify employer, or employer’s representative, of the existence of any different
collective bargaining agreements, unless so approved, than the one entered into by the Union herein, within seven days of
signing said agreement.
SAVINGS CLAUSE
ARTICLE THIRTY
15
It is mutually agreed that if the adoption of any State or Federal Legislation or Regulation, or a decree of a Court of Competent
jurisdiction, conflicts with or is contrary to or has
a direct bearing upon any of the provisions of this Agreement, negotiations
will be opened to make the necessary adjustments in this Agreement, but negotiations will be confined to changes
in existing
laws and regulations. It is further mutually agreed that if
any changes in New York State Labor Law 220 or Federal Davis
Bacon Prevailing Laws are adopted, which would cause
a signatory employer to be less
competitive than
a non-signatory employer, a wage and fringe reopener can be requested. Both the Association and Union must
agree that the union contractor is less competitive because of the above changes. Should any provision of this Agreement be
declared invalid, such declaration shall
not invalidate the remaining portions of this Agreement.
TRADE AUTONOMY
ARTICLE THIRTY-ONE
The Trade Autonomy of the United Brotherhood of Carpenters and Joiners of America consists of the milling, fashioning,
joining, assembling, erecting, fastening or dismantling of all material of wood, hollow metal
or fiber or of the products composed
in
part of wood, hollow metal or fiber, the laying of all cork and composition; all other resilient floor covering, all shingles, the
erecting and dismantling of machineiy and the manufacturing of all wood materials, all drywall construction,
all acoustical
ceilings, soundproofing, fireproofing and welded wire sandwich panels; the burning, welding,
rigging and the use of any and all
instruments and tools for layout work, incidental to the trade. The unloading, loading, uncrating, unwrapping, handling,
distribution, placement, assembly, and installation of all materials, traditionally and historically related to the work of the
Carpenter shall be the work of the Carpenter.
DRYWALL:
“All work in connection with the delivery, installation, erection and/or application of all material and
component parts of walls and partitions regardless of their material composition or method or manner of their installation,
attachment or connections, including, but not limited to, the following items: all floor and ceiling runners, studs, stiffeners,
cross
bracing, fire blocking resilient channels, furring channels, doors and windows including frames, casing molding, base accessory
trim items, gypsum drywall materials, laminated gypsum systems bracing board, finish board, fireproofing of beams and
columns, chases, including but not limited to the spraying of insulation, fireproofing, sound, thermal and rigid insulation
materials, fixture attachments including all layout work, preparation of
all openings for lighting, air vents or other purposes and
all other necessaiy or related work in connection therewith.”
“All work in connection with the installation and erection of all gypsum wallboard to receive
a veneer coat, plaster or lath or to
receive traditional plaster
if such materials are to be secured to nailable or screwable metal studs.” The carpenter will be
responsible for
all CLT (Cross Laminated Timber), Glulam, LVL, Nail Laminate Timber (NTL) Laminated Strand Lumber,
Single Strand Mass Timber or Wood
Post and Beam or any variant of the aforementioned.
Acoustical Ceiling Systems
Five (5) general types:
1. Direct hung suspension system.
2. Attached concealed system without backing board.
3. Furring bar
attached system.
4. Furring bar suspension
5. Indirect hung suspension system.
All work necessary for the installation of the above ceiling systems shall be according to the decision rendered by the National
Joint Board for the Settlement
of Jurisdictional Disputes on August 24, 1966.
All work in connection with metal trim, interviewers, door knockers and mechanical chimes, construction and securing of all
boxes, wood and/or metal floor and wall penetrations
in reinforced concrete construction; prefabricated tile panels, fiberglass
sandwich panel (wire styrofoam) composition and/or any other wood substitute materials; wood and metal store fronts, building
entrances, elevator entrances, etc.; fabricate and install precast and prestressed concrete members used in
all types of building
construction; fabricate and install partitions, dividers and sliding doors, constructed of wood, metal, plastic, composition and/or
substitute materials; fabricate and install all kalamein work and hollow metal work.
The term “CARPENTER” and the term “JOINER” are synonymous and, in either case, shall mean one who prefabs or constructs
forms for footings or foundations of houses or building structures of all descriptions, whether made of wood, metal, plastic or
any other type of material; the erecting of structural parts of a house, building, or structure made of wood or any substitute such
as plastic or composition materials, who puts together roof, partitions, fabricates or erects forms for decking or other structural
parts of houses, buildings or any structure and dismantling of
all forms. The fabrication, erecting and dismantling of all false
16
work, where power is used for the setting or dismantling of forms, or any other material erected by carpenters. All handling and
signaling shall be done by carpenters. The fabrication and/or
setting of all templates, including anchor bolts and/or leveling of
these bolts, is
included.
All framing in connection with the setting of metal columns, the setting of all forms, centers and bulkheads; the fabrication and
setting of screeds and stakes for
concrete and mastic floors where the screed is notched or fitted or made up of more than one
(1) member. The making and setting of all forms used in concrete work including Stay-forms (wire mesh/Styrofoam). The
hanging of all joists in relation to
concrete form work.
The installation of
all framework partitions and trim materials for toilets and bathrooms, including but not limited to towel bars,
grab bars, paper towel holders, mirrors, toilet
paper holders, etc., made of wood, metal or plastics or composition materials;
fastening on of all wooden, plastic or composition cleats to iron work or on other material; the erecting and installation of stran
steel or similar material; cutting and hanging all lumber or other materials between girders and joists for fireproofing or concrete
centers; setting and hanging of all sash, doors, inside and outside blinds, windows and other frames, erection or application of
all shingles, siding, wallboard or sheets composed of wood pulp, plastic, plaster transite or composition materials or
any
combination of any of the above with any other material including combined or faced with metal regardless of the manner
attached.
Cutting and
applying of all furring; making and fastening of wood brackets for metal ceilings and side walls, erection of all
wood furring for
cornices and putting on all grounds for plaster or cement finish. The building and construction of all derricks;
the making of mortar boards, boxes and trestles; putting in needle uprights; all shoring of buildings, razing and moving buildings.
The building, erection and dismantling
of scaffolding and staging. All free-standing scaffolds shall be in accordance with the
decision of Record
and Scaffolds rendered April 28, 1920. The setting of curb forms on properties other than highways shall be
manned in accordance with the letter agreement of July 27,
1964.
Fitting installation and fastening of stops, beads and molding in doors and windows; framing of all false work, derricks and
hoists, travelers and all lumber or
material used in the building and construction industry; putting on of all hardware; putting up
interior and exterior trim or finish of wood. The hanging,
setting and installation of wood, metal, plastic or any other wood
substitute materials;
all types of doors, sash, jambs, bucks, casing, moldings, chair rails, mantels, base or mop boards,
wainscoting furniture, china closets, kitchen cabinets, wardrobes and installation of bowling alleys.
The manufacturing
and erecting of cooling towers and tanks. The installation of wood, plastic or metal awnings, door shelters,
marquees and jalousies. The laying and finishing of all floors including wood, cork, asphalt, linoleum, vinyl, rubber or any other
type of resilient floor or wall covering. The installation of rugs, carpets, draperies, drapery hardware, curtains and curtain
hardware. The
application of acoustic tile, whether glued or nailed, and acoustical suspended ceiling in its entirety.
All work in relation to the installation of Photovoltaic Energy Systems (Solar Panels) Wind Turbines and other forms of
renewable energy to include the following: foundations,
anchor bolts, supports, brackets, pans, racks, positioning motors,
counterweights and supporting
structures of any kind regardless of material or design. All rigging, setting prefabrication,
fastening, welding, bolting in relation to these systems, whether built on land, flat roofs, pitched roofs or any other application.
When systems are mounted on motorized frames designed to be directed towards sunlight, the motorized systems will be the
work of the
millwright. Any changes in technology or materials that replaces an application that falls under carpenter or
millwright
jurisdiction shall be deemed the work of the carpenter or millwright.
Instruments such as Total Station
or equivalent, transit, level, theodolite and laser when used as an instrument, piezometer
when instrumented
and lithometers are used by carpenters in the course of their work. The laying out of line and grade from
points set in the immediate work area by the job surveyor for the purpose of performing carpentry work. There shall be no
limitation of the Carpenters’ use of any layout tool or instrument, which shall include any new advancements such as Robotic
Layout Machines’
Building and erecting stairs, store, office, bank and other fixtures, shelving to include but not limited to metal, wood, composite
and particle board and racks whether
of wood or other material; making and fitting screens; putting on weather strips and
caulking. The
installation of laboratory equipment and related components including cabinets and work benches, bookcases and
cabinets, either separately or used
in conjunction with heating and/or air conditioning units, blackboards, bulletin boards,
meterboards and boards of
all types.
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The installation of insulation material of all types, whether blown, nailed or attached in other ways to walls, ceilings and floors
of new or existing buildings shall be work of the carpenter. The handling
of lumber, fixtures, trim and other materials erected
by carpenters. The erection of porcelain enameled panels and metal siding. The handing and installation of all wardrobe closets
and lockers. The assembling and setting of
all seats and bleachers and components thereof in theaters, halls, churches, schools,
banks, stadiums and open air structures, facilities and other buildings; installing wood, metal and plastic cornerbeads; erecting
mortar and brick hoists and concrete distributors used in erecting buildings or fireproofing floors, or for pouring concrete
buildings, building and repairing coal pockets, breakers washer, tipples, setting of forms for sidewalks, sidewalk lights, curbs
and gutters and
all welding and burning incidental to carpentry. The installation of all bathroom blocking and accessories. All
tagging, rigging and signaling incidental to the trade.
The parties agree
that the work jurisdiction covered by this Agreement, includes, but is not limited to, the following: heavy
highways and bridge work; commercial and industrial construction work; home building and housing construction work; the
handling, milling, fashioning, joining, assembling, erecting and/or dismantling of materials of wood, metal, plastic fiber or any
substitute material or materials; the laying of
all cork or compo flooring, rubber tile, plastic tile, cork tile and all linoleum; the
application of all asphalt shingles, roll roofing and all standing seam roofing systems; the erection and the dismantling of
machinery; the erection of modular homes; the manufacture of all wood and substitute material where the skill, knowledge and
training of
a carpenter are required, either by the operation of machinery or the hand tools; the unloading or handling of all
materials; the erection, fitting, plumbing, leveling, aligning and setting of precast concrete pieces; the manufacture and/or
production of
all concrete pieces made by precasting, postressing or by prestressing; the erection, fitting plumbing, leveling,
aligning and/or setting of all metal studding; the unloading, handling and installation of store fixtures; the unloading, handling
and placing of all refrigerated cases and/or boxes.
This claim and underlying jurisdiction therefor extend
over the following division and subdivision of trade:
Carpenters, hod-hoist carpenters, joiners, millwrights, cabinet makers, bench hands, stair builders, millmen, wood and resilient
floor layers, finishers, carpet layers, shinglers, siders, insulators, acoustic and drywall applicators, casket and coffin makers,
railroad carpenters, furniture workers, shipwrights, boat builders, reed and rattan workers, ship carpenters, joiners and caulkers,
box makers, dock and wharf carpenters, car builders, underpinners and timbermen, pile drivers, shorers and house movers,
loggers, lumber and sawmill workers, and all those engaged in the running of woodworking machinery or engaged
as helpers
to any of the above divisions or subdivisions.
WORK IN OTHER AREAS
ARTICLE THIRTY-TWO
The Employer agrees that if it performs any work covered under any Collective Bargaining Agreement of the North Atlantic
States Regional Council of Carpenters, the Employer shall be bound to the
terms and conditions of this Agreement applicable
to the
construction site location where said work is being performed as if it were signatory to the applicable Agreement.
CONTRACTS
ARTICLE THIRTY-THREE
Section (a). No Employer who is a party to this Agreement may make a contract with a member or members of the Union
covering labor only, nor may any member of the Union take such
a contract.
Section (b). No Employer shall sublet, lease, piece or lump out
carpentry labor or any part thereof nor shall any employee
represented by the Union work for any Employer who takes labor contracts or pieces or lumps his work.
MARKET OPPORTUNITY FUND/PROVISIONAL PROGRAM
ARTICLE THIRTY-FOUR
All members of the Association who are signatory to this agreement may utilize Market Opportunity Fund/Provisional Program
for the scope of projects defined therein. All terms and conditions of this Collective
Bargaining Agreement shall apply,
Notification of request must be at least 72 hours prior to bid date.
Forms are available upon request from the Local Union
Office.
RESIDENTIAL
18
ARTICLE THIRTY-FIVE
It is the intention of the parties that this Agreement be applied to residential construction work. Residential construction
consists
of those projects involving the construction, alteration or repair of single-family houses or apartment buildings of no
more than four (4) floors in height, town
homes, row houses, single family homes, mobile homes, multi-family houses, apartment
buildings of four (4) floors or less and
assisted living facilities of four (4) floors or less. Excluding dormitories and student
housing, (four (4) stories shall be above ground level and shall not include the buildingk basement nor
unfinished attic space).
This agreement shall also cover the receiving, fastening and putting in place
of all modular units when used for construction
of the
above referenced units, regardless of what material they are made of, such as wood, masonry, metal or plastic. The
residential wage rate will be at sixty-five
percent (65%) of the applicable Commercial rate as set forth in this agreement.
DURATION OF AGREEMENT
ARTICLE THIRTY-SIX
Agreement shall become effective on May 1, 2022, and shall remain in effect until April 30, 2025, and shall continue thereafter
from year to year unless either party
notifies the other party in writing not more than ninety (90) days nor less than sixty (60)
days prior to April 30, 2025, or not more than ninety (90) days or less than sixty (60) days prior to
any anniversary date thereafter
that either party desires to modify this Agreement.
IN WITNESS THEREOF, the parties to this Agreement have caused these present to be signed and duly executed on the day
and
year so noted below.
Employers who sign independently recognize a single multi-employer collective bargaining unit through Associations. In such
case,
each employer, by signing or agreeing to be bound by this Agreement thereby authorizes the Association to act as its
collective bargaining representative for all matters pertaining to this
Agreement and for subsequent negotiations, covering this
multi-employer bargaining unit; and thereby expresses its unequivocal
intention to be bound by group rather than individual
action in
collective bargaining, whether or not it becomes or remains a member of the Association. A withdrawal of such
bargaining authority given to the Association by any independent signatory shall only be effective if in writing and received by
the
Association and the Council not more than ninety (90) days or less than sixty (60) days of the stated term of this Agreement,
or any succeeding Agreement in effect
between the Council and Association.
The parties hereby waive any right they may have to repudiate this Agreement
during the term of this Agreement or during the
term of
any extension, modification, or amendment to this Agreement, or during the negotiation thereof.
Building Contractors Association, Inc.
John F. O^Hare, Ene^rrtrtrc Director
Building Contractors Association, Inc., (BCA)

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