A G R E E M E N T
between
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 14-14B
July 1, 2002
-toJune 30, 2006
TABLE OF CONTENTS
112588.v1 i
ARTICLE I OBJECT ……………………………………………………………………….. 1
ARTICLE II PRINCIPLES…………………………………………………………………. 1
ARTICLE III TERRITORY COVERED ………………………………………………….3
ARTICLE IV WORK COVERED…………………………………………………………..3
ARTICLE V HOURS …………………………………………………………………………8
ARTICLE VI WAGES ………………………………………………………………………..11
ARTICLE VII WORKING CONDITIONS ……………………………………………..20
ARTICLE VIII VALIDITY……………………………………………………………………27
ARTICLE IX TRADE AND JURISDICTIONAL DISPUTES ……………………27
ARTICLE X GRIEVANCE AND ARBITRATION………………………………….28
ARTICLE XI DURATION………………………………………………………………….29
ARTICLE XII EFFECTUATING CLAUSE……………………………………………..30
112588.v1
A G R E E M E N T
THIS AGREEMENT, dated as of July 1, 2002 between THE
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC., party of the
first part (hereinafter referred to as the “Employer”), and the INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL 14-14B, party of the second part
(hereinafter referred to as the “Union”), shall be in full force and effect for the period
from July 1, 2002 to June 30, 2006.
ARTICLE I
OBJECT
Section 1. To establish and maintain wages, hours and working conditions for
the work on building construction covered by this Agreement in the territory to which it
applies, to prevent strikes and lockouts, to insure the peaceable adjustment and
settlement of any and all grievances, disputes or differences that may arise between the
parties as such, or between them and Employer and employees and to provide for the
adjustment of disputes between trades.
ARTICLE II
PRINCIPLES
Section 1. The Employer reserves and retains the sole and exclusive rights to
manage its operations. The amount of work a man may perform shall not be restricted
by the Union nor by its representatives, officers or members, and the use of machinery,
tools, appliances or methods shall not be restricted or interfered with under the terms of
this Agreement.
It is agreed, however, that in the event the Engineer is ordered to
hoist personnel on material hoists, which is contrary to rules and regulations of the U.S.
Department of Labor-OSHA, the Engineers shall refuse to operate the hoist.
112588.v1 -2-
Section 2. The Business Representatives of the Union shall have access to the
work at all times. They shall comply with all general conditions of the job regarding
passes, entrances to be used, etc.
Section 3. The Employers recognize the Union as a source for the procurement
of skilled workmen and Engineers and agree to employ such workers who are members
in good standing of the Union or who become members thereof seven (7) days after the
commencement of their employment, and the Union agrees to furnish such workers
when requested by the Employers. Such workers shall thereafter maintain their
membership in good standing.
Section 4. The Union or its representatives shall not order a strike or stoppage
of work, nor shall the employees strike against any Employer or collectively leave the
work of an Employer. An Employer shall not lock out employees prior to filing a
complaint, or pending the adjustment of any existing disputes, as provided for in Article
X.
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 by the President or Business Manager of the Local, but no
removal shall take place until formal notice is given to the Secretary of the Trade
Association involved, in accordance with the requirements of the Plan referred to in
Article IX, Section 1.
Section 5. An Engineer shall hoist only the material for his Employer. If the
Engineer is required to hoist for any other contractor and/or subcontractor that does
not have an Agreement with the Union and there exists a jurisdictional dispute with the
other contractor and/or subcontractor and its employees, hoisting shall only be done by
the mutual consent of the Employer and the Union.
If a problem arises and there is no immediate solution to the jurisdictional
problem, it shall be mandatory that the machinery of “The New York Plan” shall become
operational at once.
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The Employer shall designate the person in his employ who is authorized
to order the Hoisting Engineer to raise material.
Nothing in this Agreement shall be construed as prohibiting the shifting of
an Engineer from one engine to another, limited to two (2) moves on the same job site
onto machines of a similar nature.
Section 6. Slowdowns and practices contrary to the principles contained in
this Agreement will not be tolerated.
Section 7. The Employer Association and the Union agree that they have not
and will not discriminate against any individual seeking employment because of race,
creed, color, nationality, sex, age, disability, marital status, citizenship status, relig ion or
sexual orientation.
Section 8. In the event the Union grants to or permits any Employer engaged
in the same or similar business as the Employer any more favorable rates, terms or work
rules (hereinafter “conditions”) than are generally applicable to Employers covered
under this Agreement, then such more favorable conditions shall thereafter be deemed
to be part of this Agreement and all Employers covered by this Agreement shall be
entitled to the benefit of such more favorable conditions.
ARTICLE III
TERRITORY COVERED
Section 1. This Agreement shall apply to building construction work in New
York City, i.e., Borough of Manhattan, Borough of Bronx, Borough of Richmond,
Borough of Queens and Borough of Brooklyn.
ARTICLE IV
WORK COVERED
Section 1. Engineers shall be employed on the operation of:
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(a) All high pressure boilers, high pressure steam (not from permanent
plant of an existing building on the job site or street service) used for temporary heating,
when operated by the party of the first part.
(b) All engines irrespective of power used for hoisting materials and
construction equipment for buildings.
(c) Air compressors (it being agreed that one (1) Engineer shall service
two (2) compressors when such compressors are located within one hundred feet of
each other, and shall drive all truck-mounted compressors).
(d) Air valves, when compressed air is obtained from other sources
than the Employer’s compressor.
(e) Steam or compressed air driven concrete or mortar mixers.
(f) On gravity fed Concrete Mixing Plants where compressed air or
steam is required, an Operating Engineer shall be employed on the gravity fed Concrete
Mixing Plant and/or Boiler.
(g) One man shall cover the gravity fed Concrete Mixing Plant, the
Boiler and the Compressor, if all three are used. He shall work any and all overtime that
the gravity fed Concrete Mixing Plant works.
(h) No Engineer shall be required until the gravity fed Concrete Mixing
Plant goes into production.
(i) A Local 14 Engineer and Local 15 Maintenance Engineer shall be
employed on a job site Concrete Plant.
(j) A Local 14 Engineer and Local 15 Maintenance Engineer shall be
employed when a Power Pac is used in conjunction with a Conveyor.
(k) Pulsometers, Syphons and Pumps driven by steam or compressed
air.
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(l) Cableways, cranes, cherry pickers, clamshells, orange peel and drag
line buckets.
(m) All Hydraulic Cranes in excess of 70,000 lbs. GVW shall be manned
by two (2) men: One Local 14 Engineer and One Local 15 Maintenance Man.
(n) Climbing Cranes.
(o) Power chain hoists and concrete pumps.
(p) Loading or unloading material between the truck and the ground
where either a power boom or tail gate mounted on the truck is used to facilitate same,
shall not be classified as hoisting.
(q) In connection with pumping, where any pumping is required to be
operated continuously on river cofferdams and well point pumps because of water
conditions, an Engineer shall be employed.
(r) Lift Trucks and Forklifts and similar machines, when such Lift
Trucks and Forklifts and/or similar machines are used to hoist building materials.
(s) An Engineer shall be employed on a Power Conveyor or Conveyors.
(t) Motorized buggies when they are used on ramps for lifting
materials to the second floor, or above.
(u) An Engineer shall be employed on engine driven Welding Machines
where total amperage being operated under one contract by an individual contractor
within the building, including the foundation, is 600 amperes, or more.
(v) Welding machines when used on structural steel work.
(w) Personnel materials hoists, regardless of the use of such machines.
(x) Helicopters used in construction.
(y) Locomotives.
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Section 2. House Elevators.
(1) It is agreed that the operation of House Elevators used in whole or
in part for the hoisting of any construction materials or removal of debris in any
building or structure is the jurisdiction of the Operating Engineer.
(2)(a) Alteration jobs of 0-100,000 square feet: On alteration jobs
of 40,000 square feet or more but not more than 100,000 square feet, if an elevator is
dedicated to the Employer for its use in hoisting materials prior to the start of
construction, an Engineer shall be employed on a full time basis for the duration of
hoisting of materials by the Employer. If an elevator is not so dedicated to the
Employer’s use, an Engineer shall be employed for one week for each 20,000 square feet
of space being altered by the Employer. The calculation for the settlement shall include
all footage from 0 to 100,000 square feet. The Engineer will be employed according to a
schedule developed and distributed by the Employer. He shall report to the site and be
available for work and paid on a weekly basis.
(b) Alteration jobs over 100,000 square feet: On alteration jobs
of more than 100,000 square feet (hereinafter “100,000 square feet jobs”), an Engineer
shall be employed for two weeks for each 25,000 square feet of space being altered in
settlement of Local 14’s right to have an Engineer operate the hoist for the duration of
the project. The calculation for the settlement shall include all footage from 0. The
Engineer will be employed according to a schedule developed and distributed by the
Employer. He shall report to the site and be available for work and paid on a weekly
basis.
If possession of the elevator is assumed by the Employer and used
for hoisting its materials, there shall be no settlement and an Engineer shall be
employed on a full time weekly basis for the duration of the hoisting of its materials by
the Employer.
If an elevator is not dedicated to the Employer’s use for hoisting
materials, but the Employer has a number of elevator cars at its disposal for hoisting
112588.v1 -7-
materials, an Engineer shall be employed on a full time weekly basis and shall be
assigned to any available car.
On 100, 000 square feet jobs, if the Employer has available to it an
elevator dedicated primarily for the Employer’s use in hoisting materials, even if it is
operated by in-house personnel, the Employer shall employ an Engineer and the
Engineer shall report to the site and be available for work and shall be paid on a weekly
basis.
On 100,000 square feet jobs, if the Employer gains control of an
elevator for hoisting its materials, or an elevator is dedicated for hoisting the Employer’s
materials, an Engineer shall be employed on a full time weekly basis for the duration of
the hoisting by the Employer.
When a total floor is renovated, the square footage will be
determined by the inside perimeter of the building.
(3) It is further understood that all contracts held in whole or in part by
one contractor in any one building will be subject to this clause.
(4) On buildings where there is a complete renovation, the work will be
considered new construction and manned accordingly.
(5) On Alteration Work in any 24 hour period, the first seven (7) hours
worked shall be paid at the straight time rate; and any hours worked in excess of seven
(7) hours shall be paid at the double time rate. This provision does not apply to outside
hoisting equipment. The Engineer so employed shall perform any other work assigned
by his Employer.
(6) NEW SPACE: In occupied buildings on all jobs starting after
7/1/93, Local 14-represented Engineers shall be compensated under the alteration
provision of the Agreement when CAGNY members perform work in a building on
“virgin space” that has not previously been “built out”, provided that:
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(a) the space on which the CAGNY member is working has been
unoccupied for at least one (1) year after the core and shell of the building were
completed; and
(b) the elevator used for transporting construction materials is
not under the control of the CAGNY member; and
(c) the work being performed by the CAGNY member consists of
what is known generally as a “tenant build-out” or “tenant work.”
(7) DEFINITION OF A SITE: All construction and demolition work
performed for or by an owner or developer in a location, by one or more contractors,
shall be considered a site. A site may be one building or a number of buildings. The
original buildout or the buildout of jobs considered new construction, regardless of
whether the owner, developer or tenant contracts the construction, shall be considered
part of the site. All construction and demolition on jobs where a Construction Manager
is supervising or coordinating the construction or demolition shall be considered a
planned improvement for the owner or developer and, therefore, part of the site.
ARTICLE V
HOURS
This Agreement is based on the principle that the Employer is entitled to
seven (7) hours actual work for seven (7) hours pay. Any unreasonable failure to work
these hours gives the Employer the right to pay for the hours actually worked.
Section 1. The minimum basic day will be seven (7) hours, between the hours
of 8:00a.m. and 4:00 p.m. for all days, except Saturday and Sunday. This time shall be
actual running time and the Engineer shall have his machine ready to run at 8:00 a.m.,
unless otherwise notified on the previous day. Each CAGNY member may schedule all
Local 14 engineers on its payroll at a particular job site to start work at 7:00 a.m. or 8:00
a.m. Any change in starting time shall be effective for at least one calendar week.
Section 2. It is agreed that the Engineer shall be employed on a straight time
weekly basis, except as provided in Section 5.
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Section 3. Where an Engineer works with the mechanics of a trade who are on
an eight (8) hour day basis, the Engineer will work the additional hour at straight time.
Section 4. Any Local 14-represented engineer who operates a temporary
personnel materials hoist, including a dual rack and pinion hoist, shall work eight (8)
hours at straight time rates as his normal work day.
Section 5. At the start and finish of a job, Engineers shall be paid for the actual
time worked. On jobs of one or two days duration, an Engineer shall be paid for a day’s
wages for each day he works. When an Engineer hoisting for the concrete contractor
exclusively is employed only one or two consecutive days within a period of five
consecutive working days, he shall receive a minimum of three (3) days’ pay for each
payroll week.
Section 6. When working with the Plasterer, the Engineer shall work similar
hours as the Plasterer’s Laborers. When machines are being used to pump or spray
plastering material on a job, an Engineer shall be employed:
(a) When one or more machines are pumping or spraying above the
second floor on all apartment buildings over seven (7) stories high.
(b) When one or more machines are pumping or spraying above the
second floor on office buildings which require 1250 square yards or more per floor.
(c) When two (2) or more machines are pumping or spraying from
street level up on buildings over two (2) stories high.
(d) When jobs comprised of more than one (1) building are pumping or
spraying from street level up, when two (2) to four (4) machines on buildings over two
stories high, whether working on one (1) or more buildings at a time, however, when five
(5) or more machines are in operation on more than one building, an additional
Engineer shall be employed.
112588.v1 -10-
(e) No Engineer shall be required where only one (1) machine is used
for pumping or spraying unless the hose is larger than three (3) inches, except as
stipulated above.
(f) When an Engineer is employed he may cover a house car or a
portable hoist for not more than two (2) hours per day.
Section 7. Whenever a pump or machine (regardless of size of hose) is used to
pump or place fireproof material, acoustical material or any material of a similar nature
or purpose, an Engineer will be employed. The Engineer will cover Pump #1 – #5. An
Engineer manning a fireproofing pump on an alteration job shall be paid a minimum of
three days if he works at least one day in a calendar week.
Section 8. It is further agreed that no work shall be performed on Saturday,
except in case of emergency or necessity, and that no work shall be performed then
unless notice is given to the Secretary of Local 14 by 2:00 p.m. on the previous Friday,
stating the building where the work is to be performed and the number of Engineers
required, when double time shall be allowed. Emergency work, involving danger to life
and property, may be performed without the above notice being given.
Section 9. The legal holidays referred to in this Article are New Year’s Day,
Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving and
Christmas Day. When an Engineer is employed during the payroll week in which the
aforesaid holidays fall, he shall be paid for these holidays even if they fall on Saturday.
Section 10. When pumps, syphons, pulsometers and/or boilers are operating
twenty four (24) hours continuously, three (3) shifts of Engineers shall be employed and
no double time shall be paid, except where men are working more than eight (8) hours
on one shift, or are employed over forty (40) hours continuously. There shall be no
charge for Engineers services on operating automatic pumps during the lunch break.
There shall be no charge for Engineer’s services on operating automatic
pumps during the noon hour.
112588.v1 -11-
Section 11. Whenever a gravity fed Concrete Mixing Plant is in operation on
Saturday, Sunday or Holidays, the gravity fed Concrete Mixing Plant Engineer must be
employed and Article V, Section 5 of the Agreement shall apply to all gravity fed
Concrete Mixing Plants.
ARTICLE VI
WAGES1
Section 1. The rate for the 4 Pole Hoist and Single Drum Hoist shall be
increased by $2.90 for each year of the contract as follows:
| July 1, 2002 to June 30, 2003 July 1, 2003 to June 30, 2004 July 1, 2004 to June 30, 2005 July 1, 2005 to June 30, 2006 |
$41.61 $44.51 $47.41 $50.31 |
Section 2. The rate for an inside house car, rack and pinion, plaster, (platform
machine), plaster bucket, forklift, concrete pumps and all other equipment used for
hoisting shall be increased by $2.25 for each year of the contract as follows:
| July 1, 2002 to June 30, 2003 July 1, 2003 to June 30, 2004 July 1, 2004 to June 30, 2005 July 1, 2005 to June 30, 2006 |
$39.31 $41.56 $43.81 $46.06 |
Section 3. The Compressors, Welding Machines (Cutting Concrete – Tank
Work), Paint Spraying, Sand Blasting, Pumps (with the exclusion of Concrete Pumps),
House Car (settlement basis only), All Engines Irrespective of Power (Power-Pac) used
to drive Auxiliary Equipment, Air, Hydraulic, Etc., Boilers rate shall be increased by
$1.46 for each year of the contract as follows:
| July 1, 2002 to June 30, 2003 July 1, 2003 to June 30, 2004 July 1, 2004 to June 30, 2005 July 1, 2005 to June 30, 2006 |
$30.91 $32.37 $33.83 $35.29 |
1 The Union, in its sole and absolute discretion, reserves the right to allocate/reallocate any portion of
the foregoing increases to any of the fringe benefit funds.
112588.v1 -12-
Section 4. When an Engineer is employed on a Long Boom Crane, the
following rates will apply in addition to the basic crane rate:
100 Ft. to 149 Ft. …………………………$1.75 per hour
150 Ft. to 249 Ft. …………………………$2.00 per hour
250 Ft. to 349 Ft. …………………………$2.25 per hour
350 Ft. to 450 Ft. …………………………$2.75 per hour
Tower Climbing Crane …………………$2.00 per hour
Section 5. The following fringe benefits2 shall be added to all classifications:
Annuity Voluntary Fund
Effective July 1, 2002 to June 30, 2006:3
$2.30 per hour on Straight Time Paid
$4.60 per hour on Premium Time Paid
Annuity
Effective July 1, 2002 to June 30, 2006:
$7.50 per hour on Straight Time Paid
$15.00 per hour on Premium Time Paid
Union Assessment
Effective July 1, 2002 to June 30, 2006:
$ .90 per hour on Straight Time Paid
$1.80 per hour on Premium Time Paid
Training Program
Effective July 1, 2002 to June 30, 2006:
$ .40 per hour on Straight Time Paid
$ .80 per hour on Premium Time Paid
2 The Fringe Benefits shown herein were those set on the effective date of this Agreement. However, in
accordance with the provision already noted in this Article, wage reductions and fringe benefit
reallocations may have been made subsequent to the effective date of this Agreement. Please refer to
the printed wage scale for the modified benefits applicable to each of the above years.
3 Includes $.05 or such other amount which may be voluntarily allocated to the Local 14-14B Voluntary
Political Action Committee (VPAC).
112588.v1 -13-
Defense Fund
Effective July 1, 2002 to June 30, 2006:
$ .05 per hour on Straight Time Paid
$ .10 per hour on Premium Time Paid
Welfare Funds
Effective July 1, 2002 to June 30, 2006:
$4.75 per hour on Straight Time Paid
$9.50 per hour on Premium Time Paid
Pension Funds
Effective July 1, 2002 to June 30, 2006:
$3.40 per hour on Straight Time Paid
(On the above Pension Funds, the amounts per hour shall be applied to straight time
hourly rates only).
Section 6. When an Engineer is employed on a Tower Climbing Crane, he shall
receive an additional $2.00 per hour over the basic crane rate. The Engineer on a Tower
Climbing Crane shall receive, in addition, one (1) hour per day climbing time at the
double time rate. Climbing time shall start when the equipment is power activated.
Section 7. Lunch time for the Engineer employed on a Tower Climbing Crane
shall be determined at the start of the job. If the Engineer remains in the cab, he will
receive 1/2 hour wages at the double time rate. If the Engineer works any time during
lunch, he will receive one hour’s wages at the double time rate.
Section 8. The wages of a Master Mechanic shall not be less than six dollars
and fifty cents ($6.50) per day more than the highest scale paid to any Operating
Engineer under his jurisdiction.
Section 9. Double time shall be allowed for all work on Saturday, Sunday and
Legal Holidays, as defined in Article V, Section 8. When an Engineer is ordered out on a
Saturday, Sunday or Legal Holiday, and reports for work as ordered, he shall receive a
full day’s pay at double time.
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Section 10. Overtime shall be paid for at double time rates for each hour or
fraction thereof of time worked. Work done between 4:00 p.m. – 8:00 a.m. and 12:00
noon – 1:00 p.m. is overtime; except when by agreement with the contractor, work may
be resumed at 12:30 p.m. and end at 3:30 p.m. and the arrangement is carried out for an
appreciable length of time; and when employed on brick masonry, on request, the
Engineer shall start ten minutes before 8:00 a.m. and may quit ten minutes before 4:00
p.m.
If required by the Employer, the Engineer shall hoist the concrete in the
ground hopper at twelve noon without benefit of overtime. This situation shall be
limited to one lift. He shall be allowed his full one-half hour, or full hour as the case
may be, for lunch.
Section 11. Every Employer covered by this Agreement shall contribute
Employer contributions on the gross wages of all employees covered by this Agreement
and employed by said Employer in the amounts hereinbefore specified to the Local 14-
14B Pension Fund and to the Local 14-14B Welfare Fund as well as to each of the other
Funds specified in this Article.
(a) The Employer shall make available to the auditors of the Pension,
Welfare, Annuity Voluntary, Training and Annuity Funds provided for in this
Agreement, within ten (10) days after written notice from the Trustees, any and all
records which in the discretion of the Trustees of said Funds or any one Fund, may be
required to determine whether the Employer has made the contributions it is obligated
to make pursuant to this Agreement.
The Employer shall furnish the Trustees of the Pension Fund, the Trustees
of the Welfare Fund, the Trustees of the Annuity Voluntary Fund, the Trustees of the
Training Fund and the Trustees of the Annuity Fund with reports for each calendar
month not later than the 10th day of the month following providing the names, job
classifications, social security numbers, wages earned and hours worked for all
employees covered under this Agreement.
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(b) Failure to pay contributions or to provide reports or records in
accordance with these subsections to any of the aforesaid Funds as required, shall
constitute a breach of this Agreement by the defaulting Employer, and the Union may
withdraw its men from jobs of the Employer until compliance herewith, provided at
least two (2) working days notice of such withdrawal is given to the defaulting Employer
and CAGNY.
(c) Resort to a remedy under this Agreement or under the Agreements
and Declarations of Trust for the collection of contributions due the Funds or any one
Fund, shall not be deemed a waiver of the right to resort to any other remedy provided
therein or by law. Resort to one remedy at one time shall not be deemed a waiver of the
right to resort to others at a future or subsequent time.
(d) Whenever it is necessary for the Union to take legal action to
recover delinquent Fund payments, any Employer found to be delinquent shall be liable
for immediate payment of all delinquencies, interest, and the reasonable cost of legal
fees reasonably incurred in collecting the delinquent payments. For the purpose of this
provision, interest will be computed at the rate used by the Internal Revenue Service for
delinquent tax payments during the period of delinquency.
Section 12. Pension Fund. Commencing July 1, 2002 and continuing
through June 30, 2006, the Employer agrees to pay, in accordance with Article VI,
Section 4 of this Agreement, to each employee covered by this Agreement working under
the classification and territorial jurisdiction of Locals 14-14B, in stamps purchased from
a United States Treasury-approved Operating Engineers, Local 14-14B Pension Fund
(hereinafter “Local 14-14B Pension Fund”). Said stamps are to be placed in the
employee’s weekly pay envelope, and shall be remitted to Local 14-14B Pension Fund by
the employee at such times as are designated by the Trustees.
Contributions of the Employer shall be used exclusively to provide benefits
in such amount or amounts as the Trustees of the Local 14-14B Pension Fund may
determine, as well as for the organization and administration of the Local 14-14B
Pension Fund. The Local 14-14B Pension Fund shall be administered jointly by
Trustees, one-half of whom shall be designated by Local 14-14B, and one-half by the
112588.v1 -16-
Employers, pursuant to an Agreement and Declaration of Trust. For the purpose of this
Section, Local 14-14B shall be considered a contributing Employer and shall make
contributions on behalf of its full time employees, who are not members of another
union for collective bargaining purposes.
The aforesaid stipulated amounts provided for in Section 4 of this Article
shall be applied only to straight time hourly rates of pay, and shall not apply to the
premium portion of double time or overtime, as provided for in Sections 8 and 9 of this
Article, i.e., the stipulated amounts paid on double time or overtime shall be straight
time rates only.
Welfare Fund. Commencing July 1, 2002 and continuing through June
30, 2006, the Employer agrees to pay, in accordance with Article VI, Section 4 of this
Agreement, to each employee covered by this Agreement working under the
classification and territorial jurisdiction of Locals 14-14B, in stamps purchased from a
United States Treasury-approved Operating Engineers, Local 14-14B Welfare Fund
(hereinafter “Local 14-14B Welfare Fund”). Said stamps are to be placed in the
employee’s weekly pay envelope, and shall be remitted to Local 14-14B Welfare Fund by
the employee at such times as are designated by the Trustees. Contributions of the
Employer shall be used exclusively to provide benefits in such amount or amounts as the
Trustees of the Local 14-14B Welfare Fund may determine, as well as for the
organization and administration of the Local 14-14B Welfare Fund. The Local 14-14B
Welfare Fund shall be administered jointly by Trustees, one-half of whom shall be
designated by Local 14-14B and one-half by the Employers, pursuant to an Agreement
and Declaration of Trust. For the purpose of this Section, Local 14-14B shall be
considered a contributing Employer and shall make contributions on behalf of its full
time employees, who are not members of another union for collective bargaining
purposes.
The aforesaid stipulated amounts provided for in Section 4 of this Article
shall be applied to the premium portion of double time or overtime, as provided for in
Sections 8 and 9 of this Article.
112588.v1 -17-
Section 13. Each Employer shall be bound by all the terms and conditions of
the Agreements and Declarations of Trust creating the Welfare and Pension Funds, as
amended, and by all Bylaws adopted to regulate each of the Funds. The Trustees of the
Pension Fund shall secure the approv al of the Treasury Department to the Pension
Trust and the Pension Plan under the applicable provisions of the Internal Revenue
Code and shall amend the same if necessary to secure such approval, so as to qualify the
Employer contributions as deductions for Federal Income Tax purposes, but the
obligation of the Employer to contribute to the Pension Fund shall continue pending the
securing of such approval.
Section 14. Whenever an Employer is in default of payments to the Operating
Engineers Local 14-14B Pension Fund or the Operating Engineers Local 14-14B Welfare
Fund and reasonable notice of such default is given to the Employer, if the payments are
not made, the Union may remove employees covered by this Agreement from the work
of such Employer. If such men who are removed remain at the job site during regular
working hours, they shall be paid for lost time, not to exceed three (3) days’ pay.
Section 15. Annuity Voluntary Fund. Commencing July 1, 2002 and
continuing through June 30, 2006, the Employer agrees to pay, in accordance with
Article VI, Section 4 of this Agreement, to each employee covered by this Agreement
working under the classification and territorial jurisdiction of Locals 14-14B, in stamps
purchased from a United States Treasury-approved Operating Engineers, Local 14-14B
Annuity Voluntary Fund (hereinafter “Local 14-14B Annuity Voluntary Fund”). Said
stamps are to be placed in the employee’s weekly pay envelope, and shall be cashed by
Local 14-14B Annuity Voluntary Fund at such times as are designated by the Trustees.
Contributions of the Employer shall be used exclusively to provide benefits in such
amount or amounts as the Trustees of the Local 14-14B Annuity Voluntary Fund may
determine, as well as for the organization and administration of the Local 14-14B
Annuity Voluntary Fund. The Local 14-14B Annuity Voluntary Fund shall be
administered jointly by Trustees, one-half of whom shall be designated by Local 14-14B
and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.
112588.v1 -18-
Section 16. Annuity Fund. Commencing July 1, 2002 and continuing
through June 30, 2006, the Employer agrees to pay, in accordance with Article VI,
Section 4 of this Agreement, to each employee covered by this Agreement working under
the classification and territorial jurisdiction of Locals 14 and 14B, in stamps purchased
from a United States Treasury-approved Operating Engineers, Local 14-14B Annuity
Fund (hereinafter “Local 14-14B Annuity Fund”). Said stamps are to be placed in the
employee’s weekly pay envelope, and shall be remitted to the Local 14-14B Annuity
Fund by the employee at such times as are designated by the Trustees. Contributions of
the Employer shall be used exclusively to provide benefits in such amount or amounts as
the Trustees of the Local 14-14B Annuity Fund may determine, as well as for the
organization and administration of the Local 14-14B Annuity Fund. The Local 14-14B
Annuity Fund shall be administered jointly by Trustees, one-half of whom shall be
designated by Local 14-14B and one-half by the Employers, pursuant to an Agreement
and Declaration of Trust. For the purpose of this Section, Local 14-14B shall be
considered a contributing Employer and shall make contributions on behalf of its full
time employees, who are not members of another union for collective bargaining
purposes.
Section 17. Defense Assessment. Commencing July 1, 2002 and continuing
through June 30, 2006, the Employer agrees that there will be deducted from the wages
of each employee working under the jurisdiction of Local 14-14B, the sums listed in
Article VI, Section 4 of this Agreement, which sums constitute part of each employee’s
Defense Assessment and shall remit the same to the Union. The Union agrees to
indemnify and hold harmless the Employer from any and all claims and/or actions
arising out of such deduction.
Section 18. Union Assessment. Commencing July 1, 2002 and continuing
through June 30, 2006, the Employer agrees that there will be deducted from the wages
of each employee working under the jurisdiction of Local 14-14B, the sums listed in
Article VI, Section 4 of this Agreement, which sum constitutes part of each employee’s
Union dues and shall remit the same to the Union. It is mutually agreed that the
employee assignments authorizing the aforementioned Union Assessment shall be in
blanket form and filed in the Fund Office of the Local 14-14B Annuity Voluntary and
112588.v1 -19-
Annuity Funds. The Union agrees to indemnify and hold harmless the Employer from
any and all claims and/or actions arising out of such deduction.
Section 19. Training Program. The purpose of the Training Program is to
provide training, including but not limited to, training and skill advancement and
journeyman and technological and industrial advancement for the industry and such
other training as shall be deemed appropriate by the Trustees, and to pay the expenses
of establishing and administering this Fund, in accordance with the Agreement and
Declaration of Trust.
The Employer contributions to the Training Fund provided for in Article
VI, Section 4 of this Agreement include an additional contribution of twenty five ($.25)
cents for each hour paid, which additional contribution will be utilized to provide
training and retraining for minority members described in the Consent Order of the
United States District Court for the Southern District of New York. Pursuant to that
Order active members of Local 14-14B are eligible to participate in this training and
retraining program in recognition of the basic contribution to the Training Fund of
fifteen ($.15) cents per hour for each hour paid. The total contribution of forty ($.40)
cents per hour for each hour paid shall commence and shall be included in the Fringe
Benefit Stamp as of July 1, 1987.
Section 20. Consolidated Stamp. Payments to the Local 14-14B Pension
Fund, Welfare Fund, Annuity Voluntary Fund, Annuity Fund, Defense Fund, Union
Assessment and Training Program shall be by the purchase of a consolidated stamp.
Section 21. Commencing July 1, 2002 and continuing through June 30, 2006,
all Employers covered by this Agreement shall contribute one and two-tenths (1.2%)
percent of the total amount paid per hour in wages and fringe benefits to Engineers
covered by this Agreement, for each hour of employment of Engineers, to the CAGNY
Industry Advancement Fund (“CAGNY IAF”). All Employer contributions to this Fund
shall be remitted by separate check payable to the CAGNY IAF to the office of the
Welfare and Pension Funds which shall provide the Employer with payroll reporting
forms for such purpose. The office of the Welfare and Pension Funds shall deliver all
such contributions to the CAGNY IAF located at 950 Third Avenue, New York, New York
112588.v1 -20-
10022, after verifying that the amount of each such contribution has been correctly
computed by the Employer.
(a) The CAGNY IAF shall reimburse the Welfare and Pension Funds for
all expenses incurred in receiving, recording, auditing, etc., in connection with the
receipt and transmittal of these contributions. The monies shall not be commingled
with the Benefit Funds of the Union. The monies shall be remitted to the CAGNY IAF
within fifteen (15) days after the end of each month. The Industry Advancement Fund
agrees to indemnify and to hold the Union and the Welfare and Pension Funds harmless
from any and all claims, actions and proceedings arising out of the collection of said
contributions.
(b) CAGNY shall be permitted to designate an Employer Trustee for the
afore-described Pension Fund, Welfare Fund, Annuity Voluntary Fund, Annuity Fund
and such other jointly administered trust funds as may now or hereafter exist.
Appropriate amendments shall be made as necessary to the governing Agreements and
Declarations of Trust to permit the seating of a CAGNY designated Trustee.
ARTICLE VII
WORKING CONDITIONS
Section 1. Wages shall be paid weekly on the job before 4:00 p.m. on Friday,
said wages to be paid in cash, in envelopes upon the outside of which shall be plainly
marked the employee’s name and number, the hours worked and the amount of money
enclosed. At the Employer’s option payment of wages may be made by check, the check
to be a Todd insured A.B.C. check, or similar type check, which shall be delivered to the
men at least one day preceding a banking day. If men are not paid as specified above,
double time shall be paid for overtime between the hours of 4:00 p.m. – 6:00 p.m., and
single time for working time thereafter until paid, not exceeding fourteen hours,
provided that the men report to and remain on the job during those fourteen hours.
Section 2. Should the job be closed down on Thursday or Friday, for a legal
holiday or for any other good or sufficient reasons, then pay time shall stop on Tuesday
112588.v1 -21-
of that calendar week at 4:00 p.m. and wages shall be paid on Thursday or Friday,
respectively, of the same week.
Section 3. If there is any change in the established pay day, a notice to that
effect must be posted on the job by the Employer, twenty-four (24) hours in advance of
such change.
Section 4. If discharged during the week for any reason, men shall be paid at
once, in cash; if sent to the main office for pay, one hour additional shall be allowed.
Section 5. When an employee is sent to work by his Employer to a job where
the fare to and from the job by the customary means of travel exceeds one dollar and
eighty cents ($1.80) per day, the Employer shall pay the excess fare in addition to the
contract wage.
Section 6. Members of the International Union of Operating Engineers, Local
14, shall not give up or leave a situation without providing for a relief.
Section 7. Engineers, while at work, shall be protected from falling missiles in
accordance with the U.S. Department of Labor, O.S.H.A. – Rule #1926.552-b-(4) and
shall be given protection from the weather. An Engineer shall not be required to operate
a hoisting machine located in the basement of a building after the second floor slab has
been concreted.
Section 8. Neither party during the life of this Agreement is to adopt Bylaws or
attempt to enforce any working rule or regulation which is contrary to any of the clauses
in this Agreement. Neither shall either party attempt to enforce any working rules
which have not been approved by the Union and CAGNY.
Section 9. Any Union member, upon showing his membership card, shall be
permitted to seek employment on any job of any Employer; where an employment office
is not maintained on the job, the hiring agent of the Employer shall be conveniently
accessible to applicants at least once a day.
112588.v1 -22-
Section 10. When Employers, parties to this Agreement, do any work other
than the type covered by this Agreement, they shall conform to any applicable
Agreement that exists between an employing group and Local 14. This also applies to
foundations for buildings.
Section 11. Master Mechanic On one contract or job site, one (1)
Master Mechanic shall be employed by the general contractor, owner, builder, ownerbuilder, construction manager, or any of its representatives when any four (4) Local 14-
14B Engineers or a combination of five (5) Operating Engineers Local 14 and 15,
whichever comes first, are employed. In calculating the combination of five (5)
Engineers (14 & 15), a minimum of two (2) Engineers from Local 14 must be employed.
If the above stipulated combinations of Operating Engineers, who are
under the jurisdiction of Local 14 and Local 15 as set forth in this Agreement are
employed by a contractor, or any combination of contractors on the same job, a Master
Mechanic must be employed by the general contractor, owner, builder, owner-builder,
construction manager, or any of its representatives. The word “job” as used herein
means a site and/or portion thereof upon which a planned improvement will be
constructed.
(a) When conditions exist on a job site which require the employment
of a Master Mechanic under the terms of the Agreement, the Employer shall employ a
Master Mechanic on the second working day of the calendar week when the conditions
requiring his employment arise.
(b) Overtime will be paid to the Master Mechanic when any one man
under this Agreement is receiving overtime, except as stipulated in paragraph (d) below.
The Master Mechanic shall be paid only for hours worked on the job site in accordance
with the provisions of this Agreement. The Master Mechanic will not receive
compensation for any off-site overtime, i.e., travel time, work not directly performed by
the Master Mechanic.
(c) The Master Mechanic shall be paid the same overtime as is received
by any one Local 14 or Local 15-represented Engineer on the job site who receives the
112588.v1 -23-
most overtime in a given work day, whether or not the Local 14 or 15-represented
Engineer on the job site is employed by a CAGNY member; but in no event shall the
Master Mechanic be paid for more than a total of twelve (12) straight time and overtime
hours in any work day unless in an emergency and at the request of the Employer.
(d) The Master Mechanic shall be the Local 14-represented Engineer
who is employed to cover extra lifts as well as a compressor up to 250 cubic feet. “Extra
lift” means that the Master Mechanic shall be the second operator required whenever a
crane or derrick utilized to erect structural steel on a building site is used to lift objects
or materials for a contractor other than the contractor by whom the operator is
employed. The parties agree that the Master Mechanic cannot cover the extra lifts at the
same time that he covers a compressor; however, if, for example, the extra lifts are
required in the morning and the compressor must be covered in the afternoon, the
Master Mechanic shall perform both tasks.
(e) The Master Mechanic shall not be paid, regardless of whether any
Local 14 Engineer on the job site is paid, whenever the Employer jumps its hoists.
(f) On a job where Operating Engineers under the supervision of the
Master Mechanic work in excess of twenty (20) hours per day for a duration of more
than one (1) week, and that schedule shall continue for a substantial period of time, a
meeting shall be held to discuss the duration of the project and to determine whether a
second Master Mechanic shall be employed. The second Master Mechanic, if employed,
shall work and be compensated for the hours of employment of Operating Engineers not
covered by the first Master Mechanic. A second Master Mechanic, if employed, shall be
paid double time rates for not less than seven (7) hours in accordance with the
provisions of this Agreement.
(g) Where a Master Mechanic is employed by the general contractor,
owner, builder or owner-builder, construction manager, or any of its representatives
resulting from the combinations stipulated in paragraph (a) above, the working
conditions of the Master Mechanic shall be determined by the Agreement covering the
majority of Engineers employed.
112588.v1 -24-
(h) The Master Mechanic shall be designated by the Union, subject to
the approval of the general contractor, owner, builder, owner-builder, construction
manager or any of its representatives and will be responsible for the performances of
their duties by the Engineers, Maintenance Engineers, Junior Engineers, Firemen,
Apprentice Engineers and Oilers. He shall operate a machine in emergencies only and
then only until such time as the services of an Operating Engineer can be obtained. The
Master Mechanic shall have administrative responsibility for all Operating Engineers
employed on a job site and he shall be responsible for their performance, whether
employed by the Employer or its subcontractors. The Master Mechanic shall make work
assignments as directed by the Employer and be responsible, at the request of the
Employer, to coordinate the movement and hoisting of all building materials and
equipment. The Master Mechanic shall operate equipment in emergencies and use tools
when necessary. The Master Mechanic shall be involved in all safety meetings and
procedures that involve the safety of Operating Engineers. On jobs requiring a Master
Mechanic, a pre-job conference will be held, at which time the Union shall designate the
Master Mechanic, subject to the approval of the contractors.
(i) It is further agreed that there will be only one (1) Master Mechanic
employed by the general contractor, owner, builder, owner-builder, construction
manager or any of its representatives per job site. The Employer recognizes that any
and all Local 14-14B and Local 15 members employed on a job site will count towards
the Master Mechanic count regardless of who employs them and regardless of the type
of work being performed, i.e., Heavy Construction, Steel Erection, Mason Contractors,
etc., except as stipulated below.
(j) Certain conditions shall be recognized in determining whether a
Master Mechanic will be employed:
| (i) | Members of Local 15D shall not count towards the Master Mechanic. |
(ii) Trainees shall not count towards the Master Mechanic.
112588.v1 -25-
| (iii) | Oilers/Maintenance Engineers shall not count towards the Master Mechanic. |
| (iv) | On all multiple manned equipment, only one (1) man, the operator, shall count towards the Master Mechanic. |
| (v) | On temporary heat, only one (1) Local 15 Engineer shall count towards the Master Mechanic no matter how many are |
employed to maintain temporary heat, regardless of the
number of shifts.
(vi) Regarding well points and deep wells, only one (1) Engineer
on such system(s) on a job site shall count towards the
Master Mechanic, regardless of the number of shifts.
| (vii) | Engineer(s) manning electric sump pumps shall not count towards the Master Mechanic. |
(viii) A Relief Engineer/Utility Engineer (Local 14) assigned to a
job who covers more than one (1) rig shall count towards the
Master Mechanic.
(k) If two (2) or more Employers subject to this Agreement, or any
other agreement with Local 14-14B, employ Operating Engineers on a single job site,
and the total number of Operating Engineers on the job is four or more, the wages and
benefits of the Master Mechanic assigned to the site shall be apportioned among the
Employers on the site who employ Engineers in proportion to the number of Engineers
each employs. However, only the Employer (or Employers) who generate(s) overtime
for the Master Mechanic will be responsible for the payment of all overtime wages and
benefits. If any Employer subject to this provision refuses to compensate the Employer
on whose payroll the Master Mechanic is maintained, the Union shall withhold services
from that Employer.
Section 12. On Tower Climbing Cranes, the Engineer shall be hired on the first
day that erection of the equipment begins. In the dismantling of the equipment, he shall
112588.v1 -26-
be employed until power is terminated on the equipment. He then shall receive one
week’s wages from that date and he shall operate any auxiliary equipment necessary to
dismantle the Tower Climbing Crane. There shall be no limitation on the direct
placement of concrete with Tower Climbing Cranes.
Section 13. When the headpiece on a hoist or the outrigger for a lumber hoist is
jumped after regular working hours, the Engineer shall receive one (1) hour’s pay at the
double time rate.
Section 14. When a hoisting engine is located above the twelfth (12th) floor, the
Engineer shall receive an additional one (1) hour’s pay at straight time.
Section 15. All employees shall comply with all general conditions obtaining on
the job site and all safety policies (including use of safety equipment) adopted by the
Employer and the Building Trades Employers’ Association of New York. Violation of
this Section, or any form of intoxication, or the use or possession of any intoxicant or
illegal drug, shall result in the immediate dismissal of the employee(s) involved.
Section 16. Insurance The Employer shall provide insurance in the amount
of at least $100,000/$300,000 to protect employees covered by this Agreement from
personal and public liability resulting from his employment, other than actions of an
employee of the same Employer.
Section 17. Each Employer shall indemnify its employees against any personal
liability and/or the legal fees incurred in defending against claims for personal liability
arising out of the employees’ work specifically assigned by the Employer, provided the
negligence of the employee did not contribute in any way to personal liability.
Section 18. Binding Subcontractors and Other Firms. The terms,
covenants, and conditions of this Agreement shall be binding upon all Subcontractors at
the site to whom the Employer may have sublet all or part of any contract entered into
by the Employer. The Employer stipulates that any firm engaging in Building
Construction Work within the territory covered by this Agreement in which it has or
112588.v1 -27-
acquires a financial interest, or any successor in interest, shall be bound by all the terms
and conditions of this Agreement.
Section 19. Where one (1) hoist/elevator is available for construction material,
one (1) Engineer shall be assig ned to that hoist/elevator and that Engineer shall operate
the equipment for any contractor party to an agreement with Local 14 and their
subcontractors.
ARTICLE VIII
VALIDITY
Section 1. If the Courts should decide that any clause or part of this
Agreement is unconstitutional or illegal or should any clause or part of this Agreement
be found contrary to present or future law, it shall not invalidate the other portions of
this Agreement, it being the sole intent and purpose of this Agreement to promote peace
and harmony in the craft along lawful lines.
ARTICLE IX
TRADE AND JURISDICTIONAL DISPUTES
Section 1. All disputes between trades, and all disputes relative to questions of
jurisdiction of trades shall be adjusted in accordance with the methods set forth in the
“New York Plan for the Settlement of Jurisdictional Disputes” between the Building and
Construction Trades Council of Greater New York and the Building Trades Employers’
Association of the City of New York, which plan was adopted on July 9, 1903, and most
recently amended in 1996.
Section 2. Where the jurisdictional dispute involves a job site or sites where an
Employer who is a member of CAGNY is the general contractor, construction manager,
or is the Employer of one or more of the trades involved in the jurisdictional dispute,
then an appropriate number of representatives from Employer members of CAGNY
shall serve on the jurisdictional panel and participate in its decision.
112588.v1 -28-
Section 3. Where a jurisdictional dispute arises, there shall be no stoppage of
work; the trade in possession of the work shall proceed with the job and the question in
dispute shall be submitted for resolution by the trades pursuant to Section 1 above.
Section 4. In the event of any stoppage of work caused by any union or unions
connected with the Building & Construction Trades Council of Greater New York, the
Employer may pay off its employees and will not be required to pay these employees for
any time during the period of such work stoppage.
ARTICLE X
GRIEVANCE AND ARBITRATION
Section 1. In the event that any difference or dispute arises between the
Employer and the Union, or any employee concerning the interpretation or application
of, or compliance with, the provisions of this Agreement, then the Employer and the
Union shall make every effort to settle the dispute informally by discussions between an
authorized representative of the Employer and a representative of the Union.
Section 2. If after these informal discussions the dispute remains unsettled,
then such dispute shall be referred to one of the below named arbitrators or one of their
successors in accordance with the procedures hereinafter set forth. The parties agree
that George Nicolau, Daniel Collins, John Sands, Roger Maher and Jay Kramer shall be
the arbitrators under this Agreement. The names of these arbitrators shall be placed on
a rotating list which shall be maintained jointly in the offices of the Union and CAGNY.
When a dispute is referred for arbitration, the first name on the list shall be selected for
an expedited hearing. If the arbitrator selected cannot schedule a hearing on the
grievance within forty-eight (48) hours after the grievance is submitted for arbitration,
either party may submit the matter to the arbitrator whose name is next on the list, and
in that manner continually referred until a member of the panel is able to schedule a
hearing within forty-eight (48) hours of the reference to him.
Section 3. The arbitrator shall expedite the hearing of the dispute consistent
with the need to afford each party an opportunity to present its case and shall be
empowered to issue an ex parte award if a party shall not appear. The arbitrator shall
112588.v1 -29-
issue a brief written decision and award at the conclusion of the hearing, but in no event
later than twenty-four (24) hours after the hearing is concluded. The award of the
arbitrator shall be final and binding upon the parties. Arbitrators who do not comply
with the time limits set forth above shall be stricken from the panel at the request of
either the Union or CAGNY. The parties shall share equally the expenses of the
arbitration. The arbitrator shall be bound by and must comply with all of the terms of
this Agreement and he shall have no power to add to, delete from, or modify any of the
provisions of this Agreement in any manner or form.
Section 4. CAGNY will provide the Union with a list of its members who
designated CAGNY as its bargaining agent, and who have agreed to be bound by the
terms and conditions of this Agreement. In addition, CAGNY will notify the Union of
any changes in membership, either by addition of new members or the dropping of
members during this Agreement. It is further agreed that all Employer members of
CAGNY are bound by this Agreement and entitled to its benefits until its termination
date whether or not they retain their membership in the Association for the full period
of this Agreement.
ARTICLE XI
DURATION
Section 1. The terms of this Agreement, as modified, shall be effective and
retroactive for the period commencing July 1, 2002 and continuing through June 30,
2006 unless changed by agreement between the parties. No change shall be made prior
to June 30, 2006, and not then unless written notice asking changes be considered is
given by one party to another on or before March 31, 2006 by registered mail. It is
agreed by all parties to this Agreement that all desired changes to the Agreement will be
exchanged sixty (60) days prior to the expiration date of this Agreement, providing it is
agreed that a proposed contract change after that date may be proposed.
112588.v1 -30-
ARTICLE XII
EFFECTUATING CLAUSE
The parties hereto hereby made and entered into this Agreement, in
witness whereof we, their duly authorized empowered representatives have hereunto set
our hands and seals this July 1, 2002.
IN WITNESS THEREOF, the parties hereto have caused these presents
to be signed by their duly authorized representative as of the 1st day of July 2002.
INTERNATIONAL UNION OF OPERATING CONTRACTORS’ ASSOCIATION OF
ENGINEERS, LOCAL 14-14B, AFL/CIO GREATER NEW YORK, INC.
By: ____________________________ By: _________________________
| Frank X. Gray, Jr. President and Acting Business Manager |
John A. Cavanagh Chairman |
By: _________________________________
Gerard A. Rich
Recording Corresponding Secretary
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