Agreement between the boilermakers association of greater new york, inc. And the international brotherhood of boilermakers, iron ship builders, blacksmiths, forgers and helpers afl-cio, lodge no. 5, zone 5 dated: january 1, 2022 expiring december 31, 2027 i table of contents 1. General ……………………………………………………………………………………………………………… 1 2. Recognition and coverage of agreement …………………………………………….. 1 3. Employers management rights ……………………………………………………………….. 1 4. Employment: equal employment opportunities………………………………….. 1 5. Work day …………………………………………………………………………………………………………… 1 6. Work week………………………………………………………………………………………………………… 2 7. Payment on full hourly basis …………………………………………………………………… 3 8. Wages………………………………………………………………………………………………………………….. 3 9. Report pay…………………………………………………………………………………………………………. 3 10. Supervisors and their duties …………………………………………………………………….. 4 11. Minimum crew ………………………………………………………………………………………………….. 4 12. Welding ……………………………………………………………………………………………………………… 5 13. Tools, tool room personnel and attendance of bulk air and gas system: inventory control, movement of cylinders……………………….. 5 14. Apprentices……………………………………………………………………………………………………….. 5 15. Holidays…………………………………………………………………………………………………………….. 6 16. Radiation and contamination …………………………………………………………………… 6 17. Work on labor day………………………………………………………………………………………… 7 18. Layoff rights of employer…………………………………………………………………………. 7 19. Payroll week …………………………………………………………………………………………………… 7 20. Duties of business manager of union……………………………………………………… 7 21. Duties of stewards………………………………………………………………………………………… 7 22. Safety devises, equipment, supplies and tools necessary for job.. 8 23. Loss of employees clothing ……………………………………………………………………… 8 24. Notices ……………………………………………………………………………………………………………….. 8 25. Back pay…………………………………………………………………………………………………………….. 9 26. Amount of work to be performed……………………………………………………………. 9 27. No-strike clause …………………………………………………………………………………………….. 9 28. Grievance procedure ……………………………………………………………………………………. 9 29. Assignment dispute and jurisdictional disputes………………………………. 10 30. Payroll deductions…………………………………………………………………………………….. 10 31. Boilermakers national health and welfare plan ………………………….. 11 ii 32. Local 5 welfare fund………………………………………………………………………………….. 11 33. Boilermakers national pension trust ………………………………………………….. 12 34. Vacation fund ……………………………………………………………………………………………….. 13 35. Annuity fund………………………………………………………………………………………………….. 13 36. Failure to pay penalties…………………………………………………………………………….. 14 37. Inspection of payroll …………………………………………………………………………………. 14 38. Separability and savings clause……………………………………………………………. 14 39. Most favored treatment…………………………………………………………………………… 15 40. Apprenticeship fund …………………………………………………………………………………….. 15 41. Mobilization, optimization, stabilization and training fund (m. O. S. T. )……………………………………………………………………………………………………………… 15 42. Boilermaker industry promotion fund……………………………………………….. 16 43. The boilermakers local 5, zone 5 cba scholarship fund ……………….. 17 44. Referral…………………………………………………………………………………………………………… 17 45. Selectivity ……………………………………………………………………………………………………… 17 46. Maintenance agreement……………………………………………………………………………. 18 47. New york city sick leave law………………………………………………………………….. 18 48. New york health and essential rights act ………………………………………… 18 49. Gender ………………………………………………………………………………………………………………. 18 50. Duration and binding effect …………………………………………………………………….. 18 51. Execution …………………………………………………………………………………………………………. 18 appendix a ……………………………………………………………………………………………………….. 20 exclusive referral of men……………………………………………………………………….. 20 appendix b………………………………………………………………………………………………………… 21 apprenticeship fund…………………………………………………………………………………….. 21 appendix c………………………………………………………………………………………………………… 22 maintenance agreement …………………………………………………………………………… 22 article i – scope…………………………………………………………………………………………… 22 article ii – definitions………………………………………………………………………………. 22 article iii – wages and benefits…………………………………………………………….. 23 article iv – travel and subsistence ……………………………………………………. 23 article v work hours per day and overtime………………………………. 23 article vi – apprentices……………………………………………………………………………. 24 article vii – crew size……………………………………………………………………………….. 24 article viii – lock-out and work stoppage……………………………………….. 24 iii article ix – hiring and transfer of men…………………………………………….. 24 article x – layoff rights of employer……………………………………………….. 25 article xi – general savings clause……………………………………………………. 25 notes…………………………………………………………………………………………………………………….. 26 1 new construction agreement agreement made as of the 1st day of january, 2022 between boilermakers association of greater new york, inc. , on its own behalf and agent on behalf of all its present and future members, hereinafter referred to as the (employers), and the international brotherhood of boilermakers, iron ship builders, blacksmiths, forgers and helpers, afl- cio, local lodge no. 5, zone 5 hereinafter referred to as the (union). 1. General the parties to this agreement recognize that stability in wages and working conditions and competence of workmen are essential to the best interest of the industry and the public, and they agree to strive to eliminate all factors which tend toward destabilizing these conditions. The parties further agree to cooperate fully in carrying out the intent of this paragraph. 2. Recognition and coverage of agreement (a) the employers recognize the union as the sole bargaining agent for all of its construction employees in the performance of all work coming within the scope of this agreement, subject to the provisions of existing laws. (b) this agreement shall apply to all the employers field construction work coming under the trade jurisdiction of the union and within the territory of local lodge no. 5, zone 5 which encompasses new york city, all of long island and the following new york state counties: dutchess, orange, putnam, rockland, sullivan, ulster and westchester. 3. Employers management rights the employers shall have full rights to direct the progress of the work and to exercise all function and control, including but not limited to, the selection and number of foreman and general foreman, the right to select the kind of materials, supplies or equipment used in the prosecution of the work, and the right to employ and discharge any employee for any just cause and sufficient cause, provided, however, that no employee shall be discriminated against. 4. Employment: equal employment opportunities (a) the employers under the terms of this agreement shall hire any qualified applicant for employment on a non-discriminatory basis. The employers shall hire and the union shall furnish men in accordance with the provisions of article 44. (b) the employers shall notify the union office of a layoff of employees and shall not telegraph or write such employees without prior notification to the union office. 5. Work day (a) eight (8) hours shall constitute a regular day of work between the hours of 8:00 a. M. And 4:30 p. M. , with one-half (1/2) hour for lunch between 12:00 oclock noon and 12:30 p. M. Monday through friday, the first eight (8) hours worked will be at straight time, the ninth and tenth hour will be at the time and one-half rate, the eleventh hour and each subsequent hour will be at the double time rate. Saturdays, sundays, and holidays will be at the double time rate. 2 (b) every employee who is required to work more than five (5) consecutive hours after his lunch time shall be given a twenty (20) minute meal period on the job site after the fifth (5th) hour. (c) on all jobs, each employee shall be given one (1) coffee break of fifteen (15) minutes duration, the break to be taken in his immediate work area. (d) no employee shall leave the job site except for the lunch hour or at the express direction of the employer. When considered necessary by the employer, a brass shall be required for purposes of checking in and out of the job site. The brass shall bear a number identifying the employee. (e) on jobs requiring two (2) or three (3) shifts, the first shift will start at 8:00 a. M. , with a minimum of eight (8) hours of work and the second and third shift will consist of a minimum of eight (8) hours of work. The first shift will be paid the straight-time rate for the first eight (8) hours worked and at the double time rate thereafter. The second shift shall work (8) hours and receive the equivalent of eight (8) hours pay at the employees regular straight time hourly rate plus $2.00 and at the double time rate thereafter. The third shift shall work eight (8) hours and receive the equivalent of eight (8) hours pay at the employees regular straight time hourly rate plus $2.25 and at the double time rate thereafter. After the first four (4) hours worked, there will be a meal period consisting of one-half (1/2) hour. Should it be necessary to work through this meal period each employee working will receive one-half (1/2) hour pay at the double time rate and will also be given sufficient time to eat in his immediate work area. When an employee is ordered to and does report for work on either shift and then through no fault of the employee he is unable to start work, the employer shall pay such employee for two (2) hours time at the appropriate straight-time rate as specified herein, provided the employee remains on the job during the said two (2) hours or is permitted by the employer to leave the job. Should such employee start working on his shift and then through no fault of his own is unable to continue he shall be paid for four (4) hours time at the appropriate straight-time rate as specified herein, provided he remains on the job for the said four (4) hours or is permitted by the employer to leave the job. Should such employee have worked or remained on the job for the first four (4) hours of his shift, and then after onehalf (1/2) hour meal period starts to work and through no fault of his own is unable to continue, he shall be guaranteed a minimum of eight (8) straight time hours provided he remains on the job for one and one-half (1 1/2) hours after the meal period or is permitted by the employer to leave the job. (f) the employer and the union may by mutual agreement at various times, and from time to time, change the starting, lunch and finishing hours of the work day. 6. Work week (a) the regular work week shall consist of no more than forty (40) hours per week, divided equally into five (5) days from monday to friday, inclusive. (b) the employer shall allow a maximum of fifteen (15) minutes time during the last hour of work for the storage and safe keeping of tools. 3 7. Payment on full hourly basis boilermakers shall be paid on a full hourly basis on all scheduled hours whether they work the full hour or any fraction thereof. Except that when a boilermaker shall work during his one-half (1/2) hour lunch period he shall be paid on the basis of one-half (1/2) hour at double time and in one-half (1/2) hour increments for unscheduled overtime at the double time rate. It shall be the employers responsibility to inform the union in writing of the regular work schedule. Any changes or deviation in the normally scheduled hours must be reported to the union before any unscheduled overtime is permissible. 8. Wages (a) the base rate of wages for work under article 5(a) and appendix c to this agreement shall be as follows: rates as of 1/01/22 1/01/23 1/01/24 journeyman $64.38 $65.88 $67.38 assistant foreman $68.38 $69.88 $71.38 foreman $70.38 $71.88 $73.38 general foreman $72.38 $73.88 $75.38 rates as of 1/01/25 1/01/26 1/01/27 journeyman $68.88 $70.38 $71.88 assistant foreman $72.88 $74.38 $75.88 foreman $74.88 $76.38 $77.88 general foreman $76.88 $78.38 $79.88 (b) general foreman, foreman, assistant foreman, and shop steward shall be employed on a weekly basis as determined in article 5 and 6, except during the initial and final payroll periods established as per article 19 of this agreement where they shall be paid for time actually worked. The employer shall not be required to pay a general foreman, foreman, assistant foreman, or shop steward for any such time as they are absent from the job. (c) whenever the words gross payroll are used herein, only the wages under sections (a) and (b) are meant. 9. Report pay (a) except as provided for in article 5, section (e), when an employee is ordered to and does report for work by an employer or his representative, and then, through no fault of the employee, he is unable to start work, the employer shall pay such employee for two (2) hours time at the appropriate rate as specified herein, provided the employee remains on the job during the said two (2) hours or is permitted by the employer to leave the job. Should such employee start working at 8:00 a. M. , and through no fault of his own is unable to continue, he shall be paid for four (4) hours time at the appropriate rate as specified herein, provided he remains on the job for the said four (4) hours or is permitted by the employer to leave the job. Should such employee have worked or remained on the 4 job for the four (4) hours between 8:00 a. M. , and 12:00 noon and starts working at 12:30 p. M. , he shall be paid only for each additional hour worked. (b) the effect of weather upon job safety shall be reviewed by the shop steward, the foreman and the company representative who shall determine whether or not the job should continue. If it is determined that the job should continue, any employee who unreasonably refuses to work as determined by the company representative, foreman and shop steward shall not be entitled to payment under the provisions of article 5, section (e) and article 9, section (a). (c) on jobs of one (1) day or less where employees start to work, they shall be paid eight (8) hours pay at the appropriate rate, except on inclement weather days. 10. Supervisors and their duties (a) the supervisors under this paragraph are general foreman, foreman and assistant foreman. (b) the employer may appoint a general foreman at any manning level, but must employ a general foreman if more than fifty (50) journeymen excluding supervisory personnel, are employed at any one job site by him. (c) the employer may employ as many foremen as he chooses, provided, however, there shall be a foreman on every job, who shall be a working foreman on jobs employing thirteen (13) or fewer journeymen and a supervising foreman that is allowed to assist in the performance of work on jobs employing fourteen (14) or more journeymen. (d) the employer may employ as many assistant foreman as he chooses, provided, that an assistant foreman shall be employed as the eighteenth (18th) journeyman on the job (exclusive of supervisory personnel). (e) instructions on a job site shall flow from the employers representative to the general foreman, if one has been appointed, thence to the foreman or foremen and thence to the assistant foreman or foremen, if employed. The foreman or assistant foreman, if one is employed, shall give directions to the journeymen. (f) in the absence of a general foreman, his duties shall be assumed by a foreman chosen by the employers representative. This foreman shall receive the general foremans rate of wages during the general foremans absence. In the absence of a foreman, his duties shall be assumed by an assistant foreman chosen by the employers representative. This assistant foreman shall receive the foremans rate of wages during the foremans absence. In the event all supervisors are absent; the shop steward shall assume the foremans responsibility at the foremans wage rate. (g) when work takes place outside of regular, working hours, when thirteen (13) or fewer journeymen are employed, it shall be necessary to have only one (1) supervisor and one (1) working shop steward present. 11. Minimum crew on any erection job there shall be a minimum of a foreman and three (3) journeymen. The business manager may waive this provision, upon receiving a valid request from the 5 employer. When power equipment is employed, as many boilermakers shall be employed as necessary for the safety and security of life and property. 12. Welding (a) when a contractor shall deem it necessary to employ either a welding foreman or a welding assistant foreman, he shall be a certified welder whenever possible. (b) a journeyman shall be employed to assist the first eight (8) production welders and an additional journeyman for each additional ten (10) production welders. (c) the duties of a journeyman shall be to service the welders, such as pulling cable, delivering wire, or other necessary work required to help the progress of the welding job. (d) it is mutually agreed that in order to cover the boilermaker jurisdiction for nondestructive testing, the boilermaker will assist the specially qualified persons to perform and interpret such tests. 13. Tools, tool room personnel and attendance of bulk air and gas system: inventory control, movement of cylinders on all jobs covered by this agreement the twenty- third (23rd) journeyman, exclusive of supervisory personnel, shall be employed as a tool room man. But on jobs where pneumatic tools, large amounts of rigging and special equipment are used, it may be necessary to employ a tool room man for less than the above number to service the above mentioned tools for the safety of men employed on the job and the general public. The tool room man shall be assigned by the business manager irrespective of his place on the out-of-work list. Such tool room man shall take all orders from the foreman, shall do all the work necessary to insure maximum safety for the men on the job, and shall inspect, service and repair all tools and rigging to see that they are in first class condition and safe for use. If such tools and rigging are not safe for use, he shall report the condition to the foreman, who in turn, shall be responsible for reporting the condition to the superintendent or resident engineer employed by the employer. The tool room man shall maintain the bulk air and gas systems to see that the system is charged and periodically purged. He shall also be responsible for the movement of cylinders and inventory control. 14. Apprentices (a) apprentices shall be paid a percentage of the journeymans rate as follows: level 1 – 65% level 2 – 70% level 3 – 75% level 4 – 80% level 5 – 85% level 6 – 90% level 7 – 95% (b) apprentices are to be assigned to jobs sites at the rate of one (1) apprentice for every three (3) journeymen employed, except during unscheduled and emergency outages which shall be manned in accordance with the needs of the employer as directed by the customer. An employer may, but shall not be obligated to, employ a higher ratio of apprentices at any one site. Apprentices may be required to attend welding school one 6 day, for each two weeks and shall receive one days pay, eight (8) straight-time hours, for attending school. If an apprentice is on second or third shift, the company will decide which day (day before or day of scheduled class) will be missed at work to attend class. To prevent any chance of injuries, due to fatigue, under no circumstances is an apprentice to work his shift, attend class, and work his shift again inside a two (2) day period. Written verification of attendance and written progress report of the student shall be given to the employers job site supervisor. (c) when any apprentice is working outside his zone, local jurisdiction, or area apprentice program, he shall be paid journeymans rate for the local jurisdiction he is working in. 15. Holidays (a) except as provided in article 8 section (b), section (a) and (b) of this article 15 and in article (b) 21, section (c), there shall be no paid holidays under this agreement. All work done on new years day, martin luther king jr. Day, presidents day, memorial day, juneteenth, independence day, columbus day, election day, veterans day, thanksgiving day and christmas day, and on saturdays and sundays shall be paid at the rate of double time. No man shall be instructed to report on any of these days without receiving a minimum of two (2) days pay, at straight time, provided he remains on the job or is permitted by the employer to leave the job. In the event the work cannot be carried out on a holiday covered under this article 15, section (a) because of weather conditions, causing the job to close down, and then each man shall receive a minimum of four (4) hours pay at the double time rate. (c) all employees actively employed on jobs shall celebrate christmas eve day and new years eve day, the friday after thanksgiving and good friday as paid holidays and shall receive full wages for the normal eight (8) hours day. (d) if any of the holidays listed in article 15, section (a) fall on a saturday or sunday, it shall be celebrated on the following monday and all provisions for premium time and show up time provided herein shall be applicable. If christmas eve or new years eve falls on a saturday or sunday they shall be celebrated on the preceding friday. (e) employees shall not be required to work more than (40) hours per week. (f) the employers shall give advance notice to employees of overtime to be worked prior to (g) 12:00 noon on the day the overtime is to be worked; except that the employers shall give eighteen (18) hours advance notice to their employees when overtime is to be worked saturdays, sundays and holidays. The requirement of notice may be waived when permission is granted by the business manager of the union or other union official acting on his behalf. 16. Radiation and contamination in the event an employee is working on a job in a nuclear plant, where exposure to radiation contamination (under the applicable nuclear regulatory agency guidelines and procedures) is received by the employee, and the employee accumulates the maximum allowable roentgen before forty (40) hours respectively, then he shall receive not less than forty (40) hours pay. 7 17. Work on labor day no work shall be performed on labor day, except with special permission from the business manager of the union or other union official acting on his behalf. All work done on labor day shall be paid at four (4) times the regular rate, but no employee shall be instructed to report for work on labor day without receiving a minimum of four (4) days pay. 18. Layoff rights of employer each employer shall have the right to lay off employees as the exigencies of the business may require. When men are laid-off on account of lack of work after working a portion of the day, including saturdays, sundays or holidays, they shall receive a full days pay at the rate provided for herein and shall be paid on lay off by check or in cash. 19. Payroll week (a) the payroll week shall end at 4:30 p. M. , on tuesday, except that, where more than one shift is employed, the payroll week shall end at the conclusion of the first shift on tuesday. The employer shall pay his employees on thursday of each week by check or in cash. (b) the employer shall furnish employees with a suitable i. D. Card issued by or acceptable to banks to facilitate the cashing of paychecks. The employer will provide a bank to cash checks, at no fee to the employee, within ten (10) minutes of the jobsite or provide an additional twenty (20) minutes of paid time at lunchtime, for employees to cash checks. This provision will be waived for all the employees, whether or not they use it, if the employer offers direct deposit. (c) if thursday is a holiday, payday will be on wednesday. If both, wednesday and thursday are holidays, payday will be on the first workday following the thursday holiday. (d) the employer shall be obligated to pay each of his employees covered by this agreement an amount equal to two (2) hours straight-time pay for each day that the employees weekly paycheck is not paid on the regularly scheduled pay day. The business manager may waive the provisions of this article if, in his sole discretion, it is determined that acceptable extenuating circumstances prevail preventing the timely delivery of the weekly payroll checks. 20. Duties of business manager of union it shall be the duty of the business manager of the union to appoint all job stewards on every job, who shall be employed at all times during the operation of the job. However, a temporary steward shall be appointed by the men employed until such time a permanent one is appointed. No job steward shall act in the capacity of foreman or assistant foreman except as provided in article 10(f), hereof. The business manager shall, wherever possible, appoint a steward with the skills necessary for the needs of the job. 21. Duties of stewards (a) the duty of all stewards is to monitor and assist in the implementation of this agreement and of any applicable rules and regulations of governmental entities, and to report to the business manager of local lodge no. 5 any infractions or violations that may come to 8 his attention. If a job steward is discharged for calling attention to any of the terms of this agreement, or to violations of the rules of any governmental regulatory authority with respect to safety, he shall at once be reinstated until the matter is brought before the joint trade board and settled within twenty-four (24) hours. (b) stewards shall not by reason of their position as stewards be exempt from the work required by journeyman on the job site and shall work the full day of journeyman except when specifically engaged in handling grievances of the union and other recognized duties related to the successful prosecution and completion of the job. Stewards shall receive the regular journeymans rate of pay. 22. Safety devises, equipment, supplies and tools necessary for job (a) the employers shall supply such safety devises and sanitary facilities as required by the laws of the state of new york on jobs to provide for the safety and security of their employees. The employer shall also provide clean heated shanties of not less than four (4) square feet per man, for each employee to change and store his clothing. (b) the employees shall be required to supply their own work gloves and striker necessary to perform the work. (c) such safety devices as safety goggles, burning goggles, welding shields, face shields, respiratory shields, helmet bands and liners shall be new equipment. (d) it shall be the responsibility of the employee to safeguard all equipment issued to him and to return same upon termination of his employment, for replacement if worn out, or on demand, as may be applicable. The cost of replacement of such equipment, if the employee is not able to return it, shall be borne by him. Any employee found working without the safety equipment issued to him may be temporarily suspended without pay until he either finds the equipment originally issued to him or replaces it at his own expense. (e) the employer shall comply with all federal, new york state and new york city laws and regulations pertaining to asbestos exposure in the workplace. The proper removal and installation procedures are to be followed as well as the supplying to the employee of approved safety equipment, protective clothing, respirators and any other such devices that are mandated for the protection of the employee. (f) all employees shall utilize the most safety glasses program where practical. 23. Loss of employees clothing the employer shall be liable for loss of employees clothes not exceeding two hundred fifty ($250.00) dollars per employee, provided, however, that the employer shall not be so liable if he provides a locker measuring not less than 15 x 15 x 36 for each employee, who shall provide his own lock, unless such loss is caused by fire as part of a general conflagration. 24. Notices the employers shall post in a conspicuous place all notices as required by the labor commissioner of the state of new york. 9 25. Back pay should an employer at any time pay his employee less than the rate of wages herein provided, it is agreed that he will pay such employees all back pay due them and reasonable expenses to the union as liquidated damages to cover expenses incurred by the union in collecting such wages, if approved by the joint trade board. 26. Amount of work to be performed the amount of work an employee may perform shall not be restricted by the union, nor by its representatives, officers, or members and the use of the machinery, tools, appliances or methods shall not be restricted or interfered with under the terms of this agreement. There shall be no contract, bonus, bit or task work, nor shall there be any limit on or curtailment of production. 27. No-strike clause (a) the union or its representatives shall not order a strike or stoppage of work until and unless an employer refuses to abide by a decision rendered by the joint trade board. An employer shall not lock out employees until and unless the union or the employees refuse to abide by a decision rendered by the joint trade board. The foregoing does not deny the right of the union to render assistance to other labor organizations by removing its members from jobs when combined action by all trades is officially ordered but no removal shall take place until formal notice is first given to the secretary of this association. (b) there shall be no work stoppage because of jurisdictional disputes. (c) any other provisions herein to the contrary notwithstanding, the union retains the right to strike in the event of a finding by the u. S. Department of labor of a violation of the davis-bacon act which remains unremedied or in the event of a similar unremedied, violation of applicable new york state or local laws found to exist by the labor commissioner of the state of new york. (d) when requested in writing by the business manager or by the representative of the international union, the contractor will furnish a signed letter on company stationery stating whether employees working under this agreement were involved on specific work assignments for which information is requested. 28. Grievance procedure (a) all complaints, disputes and differences arising under this agreement between the association and the union, or between any employer and any employee, shall be referred first to the joint trade board, except those arising under appendix a. Should the joint trade board fail to reach a decision, the matter shall then be referred to an umpire, as set forth in subsection (b) hereof. The joint trade board and the umpire are hereby empowered to decide the matter at issue, such decision including, if appropriate, reasonable reimbursement for damages. (b) the association and the union have formed the joint trade board to exercise the powers enumerated in subdivision (a) hereof. 10 the joint trade board shall consist of not less than three (3) nor more than five (5) members to represent the association and an equal number to represent the union. Members shall be appointed or selected to serve not less than one (1) year. The joint trade board shall meet within forty-eight (48) hours after written request has been made to one side by the other to meet for a specific purpose. In voting, the association as such, and the union as such, each cast an equal number of votes and in the event of a tie vote, or failure to reach a decision, the matter shall be submitted within three (3) business days to the new york state board of mediation, who shall act as the umpire. Any and all expenses in connection with such submission shall be equally divided between and paid by the parties to this agreement. (c) any employer member of the joint trade board directly involved in any case brought before this board shall withdraw from the board until after the case is settled, and an alternate shall be selected by the remaining employer members to fill the temporary vacancy. Any union member of the joint trade board directly involved in any case brought before the board shall withdraw from the board until the case is settled and an alternate shall be selected by the remaining union members to fill the vacancy. 29. Assignment dispute and jurisdictional disputes (a) in recognition of the work jurisdiction claims, it is understood that the assignment of work and the settlement of jurisdictional disputes with other building trade organizations shall be handled in accordance with the procedure established by the national building and construction trades department. When jurisdictional disputes arise in the five (5) boroughs of new york city, the new york plan for settlement of jurisdictional disputes will be utilized. (b) there shall be no work stoppage because of jurisdictional disputes except in the case of noncompliance with the national joint trade board procedural rules. In such instance or instances any enforcement action taken must be approved specifically by the international president of the union. It is understood, however, that a contractor will not be considered in noncompliance in the event another trade (or trades) claims jurisdiction over work, in which case it shall be considered as a bona fide jurisdictional dispute. 30. Payroll deductions (a) under the terms of this agreement, the employer will make weekly payroll deductions of field dues, building fund, training fund, political action campaign fund (pac), and l. E. A. P. Campaign assistance fund voluntarily contributions as certified by the union. The current rates for these deductions are: field dues: 6.25% (on wages only) effective feb 1, 2016 6.75% (on wages only) l. E. A. P. 1% (on wages only) building fund $0.25 per hour paid training fund $0.25 per hour paid p. A. C. Fund $0.25 per hour paid 11 (b) each employee will be required to sign individual authorizations for such deductions. Copies of the aforementioned authorizations will be placed on file with the employer and will specifically provide that the field dues, building fund, training fund, political action campaign fund (pac), may be revoked or cancelled in writing by the signing employee at any time after one (1) year from the date of signing or the expiration of this agreement, whichever occurs sooner. The l. E. A. P. Campaign assistance fund may be revoked at any time. (c) all amounts deducted by the employers from the pay of the employees for field dues, building fund, training fund, political action campaign fund (pac), and l. E. A. P. , campaign assistance fund shall be paid by the employers to the union monthly on or before the 15th day of the month following. The union will indemnify and save harmless the employers from any and all claims, losses and expenses, including attorneys fees by reason of their acting hereunder. (d) it is stated to be the particular intent of and arrangements of the parties to provide for the above stated deductions of field dues of the union in a manner complying in all respects with the national labor relations act, as amended, but without requiring that the individual authorizations heretofore and hereafter filed shall comply with article 3(a) of the personal property law of the state of new york as amended. 31. Boilermakers national health and welfare plan (a) all employers executing this agreement either as members of the boilermakers association of greater new york, inc. , or as individual employers agree to be bound by the declaration of trust of the boilermakers national health and welfare plan trust agreement and any amendments thereof. Said agreement and declaration of trust is incorporated by reference in this collective bargaining agreement as if affixed and made a part thereof. Employers signatory to this agreement shall make contributions to the boilermakers national health & welfare plan as of january 1, 2016 in the amount of seven and 07/100 ($7.07) dollars per-hours-paid during the term of this agreement. (b) employers working under the terms of this agreement shall be bound by the minimum requirements set forth in the new york state disability benefits law. 32. Local 5 welfare fund all employers executing this agreement either as members of the boilermakers association of greater new york, inc. , or as individual employers agree to be bound by the declaration of trust of the boilermakers local lodge no. 5 welfare fund and any amendments thereof. Said agreement and declaration of trust is incorporated by reference in this collective bargaining agreement as if affixed and made part thereof. For the duration of this agreement, signatory employers shall make contributions to the boilermakers local lodge no. 5 welfare fund in the amount of one (1%) percent of gross payroll for each employee covered by this agreement. The local 5 welfare fund shall continue to be administered by two (2) trustees selected by the employers, and two (2) trustees selected by the union. Said contributions are to be paid monthly and are due and payable no later than fifteen (15) days following the last payroll period of each preceding month. In addition, the salaried officials and employees of the union are covered under the local 5 welfare fund. 12 33. Boilermakers national pension trust (a) all employers executing this agreement either as members of the boilermakers association of greater new york, inc. , or as individual employers agree to be bound by the declaration of trust of the boilermaker-blacksmith national pension trust agreement and any amendments thereof. Said agreement and declaration of trust is incorporated by reference in this collective bargaining agreement as if affixed and made a part thereof. For the duration of this collective bargaining agreement, signatory employers shall make contributions per hour paid to the boilermaker-blacksmith national pension trust as follows: classification january 1, 2022 december 31, 2022 journeyman $17.82 assistant foreman $18.62 foreman $19.39 general foreman $20.19 apprentice level 1 $11.58 apprentice level 2 $12.47 apprentice level 3 $13.37 apprentice level 4 $14.24 apprentice level 5 $15.15 apprentice level 6 $16.04 apprentice level 7 $16.93 classification january 1, 2023 december 31, 2023 journeyman $18.18 assistant foreman $18.99 foreman $19.78 general foreman $20.59 apprentice level 1 $11.81 apprentice level 2 $12.72 apprentice level 3 $13.64 apprentice level 4 $14.52 apprentice level 5 $15.45 apprentice level 6 $16.36 apprentice level 7 $17.27 classification january 1, 2024 december 31, 2024 journeyman $18.54 assistant foreman $19.37 foreman $20.18 general foreman $21.00 apprentice level 1 $12.05 apprentice level 2 $12.97 13 apprentice level 3 $13.91 apprentice level 4 $14.81 apprentice level 5 $15.76 apprentice level 6 $16.69 apprentice level 7 $17.62 yearly national pension fund increase as required shall be paid by the employer. Said contributions are to be paid monthly and are due and payable not later than fifteen (15) days following the last payroll period of each preceding month. (b) the union had elected, during the 2010 – 2012 cba, to reallocate to pension contributions a portion of the wage/benefit package previously allocated to wages. This was done in order to cover increases in contributions effectuated by amendment no. 1 of the twelfth restatement of the boilermakers-blacksmith pension plan. It is agreed, however, that should circumstances change during the life of this agreementso as to reduce the minimum funding required by the pension trust, then the employer and the union shall address such decreases by modifying the wage/fringe benefits, accordingly, resulting in no additional charges to the employer. 34. Vacation fund all employers executing this agreement either as members of the boilermakers association of greater new york, inc. , or as individual employers agree to be bound by the declaration of trust of the boilermakers local lodge no. 5 vacation fund and any amendments thereof. Said agreement and declaration of trust is incorporated by reference in this collective bargaining agreement as if affixed and made a part thereof. The parties hereto have established a vacation fund based on employer contributions for each employee covered by this agreement. For the duration of this collective bargaining agreement signatory employers shall make contributions to the vacation fund in the amount of fifteen (15%) percent of gross wages for each employee covered by this agreement. Said contributions are to be paid monthly and are due and payable not later than fifteen (15) days following the last payroll period of each preceding month. Such fund shall continue to be administered in conformity with the provisions of section 302c of the labor management relations act of 1947, as amended. The vacation fund shall be administered by two (2) trustees selected by the employers and two (2) trustees selected by the union. Unless otherwise consented to by an employer, no more than ten (10%) percent of the employees working for a single contractor who employs ten (10) or more men may take a vacation at any one time. In addition, salaried officials of the union are covered under the vacation fund. 35. Annuity fund all employers executing this agreement either as members of the boilermakers association of greater new york, inc. , or as individual employers agree to be bound by the declaration of trust of the boilermakers local lodge no. 5 annuity fund and any amendments thereof. Said agreement and declaration of trust is incorporated by reference in this collective bargaining agreement as if affixed and made a part thereof. 14 the parties hereto have established an annuity fund based on employers contributions for each employee covered by this agreement. For the duration of this agreement such employers contributions shall be seventeen (17%) percent of gross wages for each employee covered by this agreement. Said contributions are to be paid monthly and are due and payable not later than fifteen (15) days following the last payroll period of each preceding month. Such annuity fund shall continue to be administered by two (2) trustees selected by the employers and two (2) trustees selected by the union. In addition, salaried officials of the union are covered under the annuity fund. 36. Failure to pay penalties once an employer is notified by certified mail, return receipt requested, or by telegram that he is delinquent in his contributions to the fringe benefits funds, apprenticeship fund, dues check-off, boilermaker industry promotion fund, boilermaker local lodge no. 5 scholarship fund or any other contractually required contributions, and does not respond positively by forwarding said contributions to the appropriate place of receipt within three (3) business days, the provisions of the no-strike clause shall not apply and the union may legally initiate a strike. Section 198c of the new york state labor law mandates the timely payment of fringe benefits. In addition, the offending employer shall be liable for payment of such fringe benefits, plus a twelve percent (12%) interest fee and five percent (5%) liquidated damages together with reasonable costs of collection, including attorneys fees. If referred for collection, liquidated damages will increase to twelve percent (12%). 37. Inspection of payroll the business manager of the union, the applicable job stewards, together with a committee of not more than three (3) journeymen employed on the construction site shall have the right to examine the boilermaker payroll of the employer. The business manager or union official acting on his behalf shall have access to the work at all times; however, he shall comply with all general conditions of the job regarding passes, entrances to be used, and other matters covered by rules and regulations applicable to visitors. 38. Separability and savings clause any provisions of this agreement which provide for union security or employment in a manner and to an extent prohibited by any law or determination of any governmental board or agency shall be and hereby is of no force and effect during the term of said prohibition. It is understood and agreed, however, that if any of the provisions which are hereby declared to be of no force and effect, because of restrictions imposed by law, as 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 shall immediately become or remain effective during the remainder of the term of this agreement. The union reserves the right to renegotiate any of the provisions which may be of no force or effect. In the event that there shall be a change in applicable laws as to the union security, the parties shall negotiate with respect to any provisions concerning union security. 15 39. Most favored treatment if the union shall enter into agreement with any association or employer, or if an association or employer has rights under an area or international agreement, which shall permit its members to be employed under terms and conditions more favorable to the employers than the conditions contained herein, then such more favorable terms and conditions shall unless the parties otherwise agree, extend to the members of the association for the period of any such other agreement, provided, that nothing in this article 39, shall give to the employers under this agreement the right to perform work within its scope using labor not referred to them pursuant to appendix a of this agreement. This does not include the market recovery agreement put into place to recoup market share at work sites the union has worked at previously but has not worked in for at least five (5) years. 40. Apprenticeship fund the employer shall pay into the northeast area apprenticeship fund the sum of ninety ($0.90) cents per hour for each hour worked for the employer by all employees who are covered by this agreement. The employer further agrees to and shall be bound by the provisions of appendix b relating to the said apprenticeship fund. 41. Mobilization, optimization, stabilization and training fund (m. O. S. T. ) a) the employer agrees to contribute the apprenticeship contribution rates plus thirty-four ($0.34) cents per hour worked to the mobilization, optimization, stabilizing and training fund (m. O. S. T. ). The employer agrees to and shall be bound by the trust agreement, policies and procedures creating the mobilization, optimization, stabilization and training fund (m. O. S. T. ) and all amendments or revisions to policies now or hereafter approved by the board of trustees. Said trust agreement, policies, procedures, and amendments or revisions are incorporated by reference and made a part of this agreement as if affixed hereto. These contributions fund the following programs administered by m. O. S. T. : boilermakers; national reserve center, common arc welding program, and m. O. S. T. Safety and training program, which includes drug screening. B) any increase or decrease shall be paid by the employer on the first (1st) day of the month following notification from m. O. S. T. To the co- chairman of the boilermakers association of greater new york, inc. It is under stood that the most program is intended to be an employer sponsored program. In recognition of the employees participation in these programs on their own time, the employers will fund any increases to the most program as required by the board of trustees. By mutual agreement between the chairmen of the respective committees, this article may be opened up for negotiations at any time during the life of the agreement. One cent ($0.01) is a voluntary contribution to the national association of construction boilermakers employers (nacbe). 16 42. Boilermaker industry promotion fund (a) the employer shall continue to maintain a boilermaker industry promotion fund. The employer shall contribute to the fund one half of one percent (.005%) of the gross payroll of all employees covered by this agreement and its appendix c. Collection procedures shall be the same as set forth for the other funds, including penalties as more fully described in article 36 of this agreement (b) the industry promotion fund shall be used to promote the welfare of the boilermaking industry within the geographic jurisdiction of local lodge no. 5, and more specifically, to make known the jurisdiction of the industry and to promote the programs of industry, education, training, administration of collective bargaining agreements, and research and promotion; to stabilize and improve employer-union relations; to promote, support and improve the training and employment opportunities of employees; and to disseminate information about the kind, quality and merits of the work done by the industry, to make public the terms and conditions of this agreement in order to avoid grievances and jurisdictional disputes; and to provide expanded opportunities for employment of journeyman boilermakers. No part of said industry promotion fund and no part of the contributions thereto shall be used for anti-union activities. (c) the industry promotion fund shall be administered by trustees appointed solely by the boilermakers association of greater new york, inc. (d) contributions to the boilermaker industry promotion fund are to be paid monthly and are due in the union office no later than fifteen (15) days following the last payroll period of each preceding calendar month. (e) the boilermaker industry promotion fund agrees to compensate the boilermakers for time required to take and pass their original new york city license tests. Licenses covered by this provision and the stipends are as follows: nyc fire watch (g-60) $150.00 nyc burning/welding (f-60) $150.00 nyc structural steel welding $300.00 subsequent renewals are not covered by this provision. However, should nyc change the format of any of these licenses that would then require everyone to retest, the retest would be covered by this provision. (f) the boilermaker industry promotion fund agrees to reimburse the union fifty percent (50%) of all approved training expenses not paid by most programs or the apprentice program. This would include, but is not limited to, scaffold classes, confined space classes, cpr/aed/first aid training, respirator fit testing, nyc structural steeling welding test, and welding coupons. (g) 1. The union shall notify the bipf of any union sponsored training for which it may seek reimbursement, and the parties shall attempt to mutually agree to any such training. 2. The union shall give notice to the bipf upon scheduling any training for which reimbursement will be requested. 17 3. Invoices must be submitted from the union to bipf within 60 days of completion of training or immediately upon receipt of any 3rd party training invoice. 4. The union must send confirmation of original license for any nyc license test reimbursements invoiced. 43. The boilermakers local 5, zone 5 cba scholarship fund (a) the boilermakers local 5, zone 5 cba scholarship fund shall be maintained to provide scholarships and stipends to eligible children and dependents of active, retired, or deceased field construction members of local 5, zone 5, who meet certain criteria. The scholarship fund shall be administered in accordance with the scholarship funds trust agreement and its rules and regulations. (b) the employer shall contribute one-half of one percent (.005%) of the gross payroll of all employees covered by this agreement and of its appendix c to the boilermakers local 5, zone 5 cba scholarship fund. (c) contributions to the scholarship fund are to be paid monthly and are due in the union office no later than fifteen (15) days following the last payroll period of each preceding calendar month. The procedure for the collection of delinquent contributions shall be the same as those set forth for the other funds, including penalties as more fully described in article 36 of this agreement. 44. Referral (a) the parties acknowledge and agree that appendix a exclusive referral of men, currently in effect, and as amended from time to time, shall remain in effect for the period of this agreement. (b) request for the special skills of certified welders (as a class) and foreman shall be honored. Foreman may be requested by name by the employer based on his knowledge and experience. Should the business manager of local no. 5 believe that such a choice would not be in the best interest of productivity on a particular job site, he may in lieu of honoring such a request, submit a list of at least five (5) qualified candidates for the employers choice. The employer has the right to question the reasonableness and good faith of the unions actions hereunder, and to file a complaint under article 28 of this agreement, from which he shall not be stopped even though he has chosen an alternate candidate from the aforementioned list submitted by the business manager. Any employee who has not been referred to the employer under the provisions of the article shall not be covered by this agreement. 45. Selectivity the first two (2) employees on a job shall be the foreman, selected by the employer, and the steward, selected by the business manager, regardless of their positions on the out-of-work list. For a job covered by this agreement, the employer may select a maximum of five (5) additional journeymen per shift from among the top fifty (50%) percent of registrants on the appropriate out-of-work list. Among the five (5) men selected by the employer, up to two (2) can be assistant foreman selected from anywhere on the list provided they remain in that title for the balance of the job. 18 46. Maintenance agreement the parties acknowledge and agree that appendix c, maintenance agreement dated september 1, 2006 shall remain in effect for the period of this agreement. This appendix c intends to incorporate the substantive provisions of the national power generation maintenance agreement presently in effect and as amended from time to time to extent that its provisions are locally applicable. Any provisions to this new construction agreement, not specifically modified by appendix c, shall govern work done under appendix c. 47. New york city sick leave law the provisions of the new york city paid sick leave law are expressly waived by the parties to this agreement. 48. New york health and essential rights act the parties agree to waive section 1 and section 2 of the new york health and essential rights act (ny hero act). 49. Gender any reference herein to the masculine, such as journeyman is done for the sake of simplicity and shall apply equally to both male and female. 50. Duration and binding effect this agreement and all the terms and conditions thereof shall be binding upon the parties hereto, their successors and assigns, for the period commencing january 1, 2022 and ending on december 31, 2027. 51. Execution the parties hereto hereby make and enter into this agreement, in witness whereof, we, their duly authorized and empowered representatives have hereunto set our hands and seals as of this day, [signature page follows] 19 boilermakers association of greater new york, inc. Sam m. Mirian, president john housel, treasurer laurie laube, vice president international brotherhood of boilermakers, iron ship builders, blacksmiths, forgers and helpers afl-cio, local lodge no. 5 zone 5 steven e. Ludwigson, business manager thomas f, ryan, president kevin t. O’brien, vice president 20 appendix a exclusive referral of men this appendix a shall include all provisions and policies of the uniform referral standards and joint referral rules applicable to the boilermaker exclusive referral system for local lodge no. 5, that are currently in place or that hereafter may be adopted, as if written in their entirety. 21 appendix b apprenticeship fund this appendix b shall include all provisions and policies of the northeast apprenticeship committee that are currently in place or that hereafter may be adopted as well as all provisions and policies of the national joint apprenticeship board that are currently in place or that hereafter may be adopted, as if written here in their entirety. 22 appendix c maintenance agreement this agreement supplements the agreement made as of the 1st day of september, 2006 between the boilermakers association of greater new york, inc. On its own behalf and agent on behalf of all its present and future members, hereinafter referred to as the (employer) and the international brotherhood of boilermakers, iron ship builders, blacksmiths, forgers and helpers, afl-cio, local lodge no. 5 zone 5 hereinafter referred to as the (union). This appendix c intends to incorporate the substantive provisions of the national power generation maintenance agreement presently in effect and as amended from time to time, to the extent that its provisions are locally applicable. All provisions of the new construction agreement that are not specifically modified by this appendix c shall govern work done under this appendix c. Article i – scope 1. This agreement covers all work assigned by the owner to the employer and performed by the employees covered by this agreement. This agreement does not cover work performed by the employer of a new construction nature, in which event said work shall be done in accordance with existing building construction agreements. 2. The union and the employer understand that the owner may choose to perform or directly subcontract or purchase any part or parts of the work necessary on this project with due consideration given to achieving the highest maintenance standards and harmonious working conditions herein. 3. All subcontractors to the employer under this agreement shall abide by the terms and conditions of this agreement. Article ii – definitions 1. Maintenance shall be work performed for the repair, replacement, renovation, revamp and upkeep of property, machinery and equipment within the limits of the plant property or other locations related directly thereto. 2. The word repair, used within the terms of this agreement and in accordance with maintenance is work required to improve and/or restore by replacement of parts of existing facilities to efficient operating condition. 3. The word renovation used within the terms of this agreement and in connection with maintenance is work required to improve and/or restore by replacement or by revamping parts of existing facilities to efficient operating condition. 4. The term existing facilities used within the terms of this agreement is limited to a constructed unit already completed and shall not apply to any new unit to be constructed in the future, even though the new unit is constructed on the same property or premises. 5. In the event a dispute arises as to whether a work operation is new work or work falling within the scope of this and/or other similar national maintenance agreements when such are to be implemented on the same project, the matter shall be referred to the national maintenance agreements policy committee, inc. , for resolution. 23 article iii – wages and benefits 1. The wage rates and fringe benefits set forth in the new construction agreement to which this appendix is a part of shall be paid to all employees working under this agreement. 2. Any changes in wages and fringes as a result of local or area collective bargaining will be implemented in accordance with the effective date agreed upon in negotiations between the local union and local unions having jurisdiction over the area and a recognized bargaining agency of contractors in such area. 3. Welfare funds, apprentice training funds, pension funds and other monetary funds called for in the local union agreement shall be paid in accordance with the local union agreement. 4. The employer agrees to be bound by and will sign all legally constituted trusts which have been established between local unions of the international brotherhood of boilermakers, iron ship builders, blacksmiths, forgers and helpers and recognized bargaining agencies of contractors in the area. Article iv – travel and subsistence no subsistence, travel allowance mileage or pay for travel time will be paid to any employee covered by the terms of this agreement. Article v work hours per day and overtime 1. Eight (8) hours per day shall constitute a days work and forty (40) hours per week, monday to friday, inclusive, shall constitute a weeks work. The regular starting time shall be 8:00 a. M. , and the regular quitting time shall be 4:30 p. M. ; lunch time shall be 12:00 oclock noon to 12:30 p. M. When shifts are required the first shift shall work eight (8) hours at the regular straighttime rate. The second shift shall work eight (8) hours and receive eight (8) times the regular straight time hourly rate plus $2.00. The third shift shall work eight (8) hours and receive eight (8) times the regular straight-time hourly rate plus $2.25. A thirty (30) minute lunch period shall be mutually agreed upon by the job superintendent and the union representative and shall not be considered as time worked. 2. All time worked before and after the established work day of eight (8) hours, monday through friday, and all time worked on saturday, shall be paid at the rate of time and one-half. All time worked on sundays and holidays shall be paid for at the rate of double time. 3. Employees shall be at the base of the structure at regular starting time. This provision shall be interpreted in a reasonable manner, under local circumstances, so as to result in neither excessive uncompensated time for the employees or in excessive unproductive cost for the employer. 4. If any other craft, employed by the same employer or his sub-contractor in the plant on maintenance, repair, renovation or replacement is receiving double time wages in lieu of the time and one-half wage rate as set forth in this agreement, the boilermaker employees will automatically be entitled to the double-time rate of pay during the period that aforementioned crafts are employed. 24 5. By mutual consent of the employer and the union, the starting and quitting times of any shift, including day work, may be changed for all or any portion of a particular job. For the purpose of this article, the standard work day of eight (8) hours for the job or portion thereof to which any such change of starting time applies shall begin with such agreed starting time. Article vi – apprentices the union agrees that the needs of the plant maintenance may warrant differing apprentice ratios than those established. The employer and the union, therefore, agree to negotiate such ratios from time to time as the conditions warrant. Article vii – crew size the crew size shall be any number of men required to safely perform the work and shall be increased or decreased at the discretion of the employer. Article viii – lock-out and work stoppage during the term of this agreement there shall be no lockout by the employer and no work stoppages by the union. Article ix – hiring and transfer of men 1. The employer agrees to hire men in any territory where work is being performed or is to be performed in accordance with the hiring procedure existing in the territory where the work being performed is to be performed. The employer shall have the right to move qualified boilermaker foreman, pushers and employees from one job assignment to another within the plant location where they are working. The employer shall have the right to transfer general foreman between plant locations within the local union jurisdiction. 2. Selectivity: the first two (2) employees on a job shall be the foreman, selected by the employer, and the steward, selected by the business manager, regardless of their positions on the out-of- work list. For a job under the terms of this agreement, the employer may select a maximum of five (5) additional journeymen by name from among the top fifty (50%) percent of registrants on the appropriate out-of-work list. 3. Transfer of employees: the employer may transfer boilermaker employees on his payroll working under the terms of this agreement from one maintenance job to another maintenance job being worked under the terms of this agreement within the jurisdiction of the same local lodge, provided that the number transferred shall not exceed a total of six (6), consisting of a foreman and five (5) additional journeyman boilermaker employees. The employer desiring to utilize this transfer provision shall promptly notify the business manager of the local lodge having jurisdiction giving the name, classification and social security number of each employee to be transferred. The steward shall be selected by the business manager from the lodges out-of-work list, or he may elect to transfer the steward from another maintenance job the same employer is working under the terms of this agreement. After the foreman and the steward have been selected, the employer may transfer the remaining employees not to exceed five (5). Additional employees required for the job will be obtained in accordance with the referral rules. 25 4. The employer may utilize the provisions for selectivity and/or transferability, but he shall not be allowed to exceed the six (6) employee limit for any one job. 5. A transferred employee will be allowed to be transferred back to the job he was transferred from, provided the job he was transferred to have been completed. Article x – layoff rights of employer each employer shall have the right to lay off any employee as the exigencies of the business may require. When men are laid off they shall be paid on layoff check or in cash, except that such payment may be effected by mailing checks on the following business day when layoff is unscheduled and takes place on late shifts, weekends or holidays. Article xi – general savings clause any provisions of this agreement which are in contravention of any federal, state, local or county regulations or laws affecting all or part of the limits covered by this agreement shall be suspended in operation within the limits to which such laws or regulations are in effect. Such suspension shall not affect the operation of any such provisions covered by this agreement, to which the law or regulation is not applicable. Nor shall it affect the operations of the remainder of the provisions of the agreement within the limits to which such law or regulation is applicable. 26 notes
