Memorandum of Agreement
between
The Contractors’ Association of Greater N ;w York, Inc.
and
International Union of Operating Engineers Loci J 14-14B, AFL-CIO
The Contractors’ Association of Greater New York, Inc. (“CAGNY”) and the
International Union of Operating Engineers Local 14-14B, AFL-CIO (“Local 14”)
recently concluded negotiations for a new collective bargaining agreement to take effect
on July 1, 2006 (“Agreement”). In the course of these negotiations, CAGNY and Local
14 agree as follows:
1. Agreement: CAGNY and Local 14 agree to execute a five (5) year collective
bargaining agreement which shall be effective as of July 1, 2006 and shall expire
at midnight on June 30, 2011.
2. Terms: The terms of the Agreement shall be the same as the terms of the
agreement between the parties that expired on June 30, 2006, except for necessary
modifications in dates and except as specifically spec Tied below.
3. Compensation: A non-compounded increase in the total wage and benefit
package of six percent (6%) per hour will take effect on July 1, 2006 for all Local
14 classifications except House Cars/Rack & Pinion Operators. The House
Cars/Rack & Pinion classification will increase 5y four percent (4%), and
additional increases as follows:
Six percent (6%) on July 1, 2007 for all Local 14 classifications
Four percent (4%) on July 1, 2008 for all Local 14 classifications
except House Cars/Rack & Pinion Operators.
* Six percent (6%) on July 1, 2008 for House Cats/Rack & Pinion Operators
• Four percent (4%) on July 1, 2009 for all Local 14 classifications
• Four percent (4%) on July 1, 2010 for all Local 14 classifications
4. Hoists: Operation of “dual use” (Construction materials and personnel) Rack &
Pinion/House Cars, regardless of location and operation (Comment: This is to
include both construction hoist and permanent elevator cars modified to hoist
construction materials) will be operated by a single Local 14 operating engineer.
5. Master Mechanic: Only the first, third, fifth, etc. Engineer operating rack &
pinion hoists/house elevators will count towards ti e Master Mechanic trigger.
Additional adjustments by the Union may be allowed on a case by case basis to
encourage employment of operating engineers on dual use cars.
6. Article V, Sections 6 & 7: Master Mechanic, when employed by a CAGNY
Member or any of its sub-contractors, resulting from he combination stipulated in
Article VII, Section 11, may cover the fireproofing pump provided no Engineer
I
2006 13:37 212 644 1936 KAUFF McCLAIN McGUIRE #7408 P.007
already manning the pump is displaced. It is also agreed that the fireproofing
pump will count towards the Master Mechanic. Or jobs where the fireproofing
pump triggers the Master Mechanic, the Engineer employed (who will be
mutually agreed upon) to cover that pump, will serve as the Master Mechanic for
the project.
After the first application of fireproofing material, consistent with the NYC
Building Code and Manufacturer’s specifications and applied after July 1, 2006,
no Engineer will be required when re-spraying or patching.
7. Article IV. Section 2 “House Elevators”:
• Delete Paragraph (2)(a).
• Modify Paragraph (2)(b) as follows:
Alteration jobs over_-lQOAOOO_sauare feet: On alteration jobs of more
than 100,000 square feet (hereinafater 10C,000 square feet jobs), 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 four weeks for the first 100,000 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, followed by two weeks
for each additional 25,000 square feet of space being altered. 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.
8. Alteration Definition;
• An Alteration shall be defined as a project with a building or structure
having not less than a twenty-five percent (25%) occupancy rate.
• When an Alteration is being performed within a building or structure
having less than a twenty-five percent (25%) occupancy rate, the “New
Construction” conditions will apply and the Engineer shall be employed
on a full-time weekly basis.
• When calculating, it is mutually agreed that both parties will refer to the
“Office Buildings – Manhattan Review” publication to determine a
project’s square footage.
9. Standard Work Day:
Engineers will work an Eight (8) hour straight-time shift provided no other trade
being serviced is on an overtime rate.
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10. Article IV “Work Covered”, Section-1(p):
Modify the existing paragraph to read: “Loading ot unloading material between
the truck and the ground or elevated loading platform, where either a power
boom or tail gate mounted on the truck is used to facilitate same shall not be
classified as hoisting. Utilizing the boom on one truck to unload subsequent
trucks will be considered hoisting.’5
11 CAGNY: Execution of this Agreement by CAGNY binds all members of
CAGNY to its terms.
12. Facsimile: For purposes of execution of this Memorandum of Understanding,
facsimile signatures shall be treated as originals.
AGREED TO ON BEHALF OF THE
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
Date ‘
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 14-14.B, AFL-CIO
By: CLJCGEdwin L. Christian
President & Business Manager
Date
606 13:38 212 644 1936 KAUFF MeCLAIN MeGUIRE
INTERNATIONAL UNION OF OPERATING ENGINEERS
AFFILIATED WITH THE X.F.L.-C.LOLOCAL UNION 14-14B
WALTER J. McKENNA
Vice-President
CHRISTOPHER T. CONFREY
Rec./Corr. Secretary
JOHN R POWERS
Treasurer
DANIEL NOESGES
Financial Secretary
EDWIN L. CHRISTIAN
President and Business Manager
July 5, 2006
BUSINESS REPRESENTATIVES
CHRISTOPHER T. CONFREY
DANIEL NOESGES
MARK A. FATTIBENE
JOHN R- POWERS
HUGH MANLEY
Mr. James Abadie, Chairman
The Contractors’ Association of Greater
New York, Inc.
950 Third Avenue– 15th Floor
New York, New York 10022
Re: Letter of Understanding
Dear Mr. Abadie:
This will confirm our understanding with respect to the recently completed negotiations for a
renewal agreement covering the period from July 1, 2006 throuj^i and including June 30, 2011.
In particular, this reflects our understanding concerning the risolution of the house elevator
mixed use work assignments. “House elevators” are defined to include, but not being limited to:
inside cars, rack & pinion hoists and machines of a similar nature used for the hoisting of any
construction material, equipment (including but not limited to: ladders, gangboxes, a-frames,
tanks, etc.) or the removal of debris. This letter shall be considered an integral part of our
collective bargaining agreement (the “agreement”), for its duraticn, as if fully set forth therein.
It is mutually recognized that the house elevator mixed use work assignment issue played a
prominent role in the parties’ negotiations and had a considerable impact on the overall
resolution of all open issues. Although both parties are confident that the resolution of the house
elevator mixed use work assignment issue will not be disturl>ed, this is to acknowledge the
ongoing efforts of Local 1, IUEC to undermine the parties’ chosen resolution of the house
elevators mixed use work assignments. Accordingly, the parties hereby agree that their chosen
resolution is the recognition of Local 14’s jurisdiction over such mixed use house elevators as
delineated by Article , Section of the agreement. In the event Local 1 shall successfully
challenge this aforementioned chosen resolution before the New York Plan or any other forum
designated for the resolution of jurisdictional disputes between trades, either party shall have the
right to terminate the agreement and reopen negotiations. Either party’s right to terminate the
agreement and reopen
or court proceedings.
negotiations shall not be subject to the exhaustion of any available apps?^
10j JUL ‘1 0 2008
141-57 NORTHERN BOULEVARD, FLUSHING, N.Y. 11354* TEL,. (718) 939-0600 * FAX (718) 939-3131
.006 13:39 212 644 1936 KAUFF McCLAIN McGUIRE #7408 P.012
Exercise of such right shall be accomplished by either party giving ninety (90) days written
notice to the other of its termination of the agreement, which termination shall become effective
ninety (90) days from receipt of such notice. The method for the delivery of such written notice
may be by recognized means of delivery such as facsimile, certified mail or express mail
delivery. Upon receipt of such notice, the parties shall negotiate in good faith concerning their
respective proposal in accordance with applicable law.
Please indicate your agreement with the foregoing by executing and returning this letter and
keeping the copy provided for your own records.
Sincerely,
Edwin L. Christian
President & Business Manager
ACCEPTED AND AGREED
THE CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
