Memorandum of Agreement
between
The Contractors’Association of Greater New York, Inc., and the
Building Contractors Associationof New York, Inc.
and
International Union of Operating Engineers Local 14-14B, AFL-CIO
The Contractors’ Association of Greater New York, Inc. (“CAGNY’) on behalf of
its members, and the Building Contractors Association of NewYork, Inc. (“BCA”)
on behalf of its members (collectively, the “Employers”), and the International
Union of Operating Engineers Local 14-14B (“Local 14”) recently concluded
negotiations for a new collective bargaining agreement to take effect on July 1,
2011 (“Agreement”). In the course of these negotiations, CAGNY, the BCA and
Local 14 agree as follows:
1. Terms of the Collective Bargaining Agreement in Place: Except as
modified below, the collective bargaining agreement in place between
CAGNY and Local 14 and the collective bargaining agreement in place
between the BCA and Local 14, both from July 1, 2006 through June 30,
2011, shall be incorporated into new collective bargaining agreements
which will be in effect from July 1, 2011through June 30, 2014-
2. Lead Engineer/Working Steward funder $500.000,000): For jobs which
have not been awarded to an Employer as of July 1, 2011, when an
Employer is engaged in superstructure work and is operating one or more
material/personnel hoists or inside cars, Local 14 shall assign a Lead
Engineer/Working Steward, subject to the approval of the Employer, to
operate one of the hoists the Employer is operating on the project,
provided that:
• the total gross cost of construction, includingthecost of
excavation and foundation work, is $150^000,000 or more
and isless than $500,000,000; or
• the project involvesthe construction of a structure that is
150,000 square feet or more but isless than 300,000 square
feet; and
• five or more Local 14-and Local 15-represented engineers
are working on the project, provided at least two of the
engineers are Local14-represented engineers; when fewer
than five engineers (or two Local 14 engineers) are working
on the project, no Local 14 hoist operator shall be paid as a
Lead Engineer/WorkingSteward.
3. Lead Engineer/Working Steward ($500,000.000 or more): For jobs
which have not been awarded to an Employer as of July 1, 2011, Local 14
shall assign a Local 14-represented Lead Engineer/Working Steward,
subject to the Employer’s approval, to work on projects where the total
gross cost of construction is $500,000,000 or more, and the conditions
4845-6269-7481.1
set out in paragraph1above are satisfied. Prior tosubmitting their bids on
such projects, interested Employers shall individually or collectively meet
with Local 14 to discuss an appropriate work assignment for the Lead
Engineer/Working Steward on such projects. When that role is identified
by the parties, it shall be communicated to all interested Employers before
they submit their bids.
4. Wage for Lead Engineer/Working Steward: The Lead Engineer/Working
Steward shall be paid $63.00 per hour. When a crane or any other Local
14 or 15 manned equipment is operating (except as excluded by current
terms) is in operation for all or part of a day, hours worked in excess of
eight (8) and fewer than thirteen (13) shall be paid at double time. No
work in excess of twelve (12) hours shall be worked in one day. When the
number of engineers on a project exclusive of the Lead Engineer/Working
Steward falls below five (5) engineers (combination of Local 14 and Local
15), the Employer shall not be required to employ a Lead
Engineer/Working Steward.
5. Rack & Pinion/Inside Car Wages: As of July 1, 2011, the wage rate for
engineers operating “Rack & Pinion,” including all outside hoists (except
for the “4-Pole Hoist,” Single Drum Hoists”) shall be $51.22 per hour. The
wage rate for engineers operating “House Cars,” including all inside cars,
shall be $41.00 per hour. There shall be no wage/benefit increases for
engineers in these categories of “House Cars” or “Rack and Pinion” for the
term of this Agreement.
6. Overtime Rate for Hoisting Engineers: Engineers who operate Rack &
Pinion or inside cars shall work an eight hour day and shall be paid at the
rate of time and one-half for all hours in excess of eight hours in a day;
provided, however, contributions to the Local 14 fringe benefits funds shall
continue to be made as if overtime was paid at a doubletime rate.
7. Wages/Benefits: All Classifications Except Rack & Pinion and Inside Cars:
Subject to paragraph 5 above, the Employer shall increase wages/benefits
in effect on June 30, 2011 for all wage classifications referred to in the
“Local 14 Wage Scale,” (except engineers operating “outside hoists” and
“inside cars”) by 3% on July 1, 2011; 3% (non-compoimded) on July 1,
2012; and 3% (non-compounded) on July 1, 2013. Local 14 will inform the
Employers as soon as practicable how the increases -will be allocated.
8. Settlement: The parties agree conceptually that the Employer must hire
an engineer(s) to operate any inside car under its care, custody, and
control and dedicated to its exclusive use; and also hire an engineer(s) to
operate an inside car(s) primarily used by the Employer for the
transportation of construction materials/equipment and construction
personnel and under the care, custody, and control of the Employer,
provided that car(s) is not otherwise operated by a person(s) employed by
the Building owner/manager. The parties hereby establish a committee of
eight (8) persons, four (4) designated by Local 14 and four (4) designated
by the BCA and CAGNY, to draft language for both the BCA and CAGNY
that implements the conceptual agreements reached by the parties.
4845-6269-7481.1
9- NY Plan: The parties agree to delete all references to the New York Plan
for the Settlement of Jurisdictional Disputes and to substitute in its place a
mutually agreed upon Sideletter that addresses the resolution of
jurisdictional disputes involving Local 14 (a proposed Sideletter is
attached hereto).
10. Drug Testing: Effective July 1, 2011, the parties agree to administer a
mutually acceptable drug testing procedure at the Employer’s expense
when required by an owner or developer.
11. Ratification: This Agreement is subject to ratification.
AGREED TO ON BEHALF OF THE
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
By: P 6/^//7
| Raymond G. McGuire, Managing.Director AGREED TO ON BEHALF OF THE |
Date |
BUILDING CONTRACTORS ASSOCIATION OF NEW YORK, INC.
Paul O’Bri^Managing Director
faff
Date
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 14-146, AFL-CIO
Edwih^ns’i^ Business Manager 6Date~ 3d>y/
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 14-146, AFL-CIO
By:
Christopher Confrey,
Recording Corresponding Secretary
Date