Memorandum of Agreement
between
The Contractors’ Association of Greater 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, (the “Employer(s)”), 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, 2014 (“Agreement”). In the course of
these negotiations, CAGNY and Local 14 agreed as follows:
1. Terms of the 2011-2014 Collective Bargaining Agreement: The terms of this
Memorandum of Agreement (“MOA”) shall be incorporated into a new collective
bargaining agreement which will be in effect from July 1, 2014 through June 30,
2017; and shall replace the terms of the 2011-2014 Memorandum of Agreement.
Except as specifically modified by the terms set forth in this MOA, the collective
bargaining agreement in place between CAGNY and Local 14 shall remain
unchanged.
2. Lead Engineer/Working Steward (200,000 to 400,000 square feet): For jobs
which are awarded to an Employer on or after July 1, 2014, when an Employer is
engaged in super-structure work and is operating one or more
material/personnel hoists or inside cars, Local 14 shall designate and assign a
Lead Engineer /Working Steward, subject to the approval of the Employer, to
operate one of the hoists or cars the Employer is operating on the project,
provided that:
• The project involves the construction of a structure that is 200,000 square
feet or more and is 400,000 square feet or less; and
• Five or more Local 14 and Local 15-represented engineers are working on
the project, provided at least two of the engineers are Local 14-represented
engineers; when fewer than five engineers (or two Local 14 engineers) are
working on the project, no Local 14 represented Hoist Operator shall be
paid as a Lead Engineer/Working Steward^
3. Lead Engineer/Working Steward (Between 40a,ovi to 775,000 square feet): For
jobs which are awarded to an Employer on or after July 1, 2014, Local 14 shall
designate and assign a Local 14-represented Lead Engineer/Working Steward,
subject to the Employer’s approval, -T^Mork on projects that involve the
construction of a structure that is 400,004 square feet or more, but less than
775,000 square feet. Prior to submitting 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 these
projects. When that role is identified by the parties, it shall be communicated to
all interested Employers before they submit their bids. The responsibilities of the
Lead Engineer/Working Steward assigned to a particular project under this
paragraph 3 shall have the same responsibilities as those assigned to a Master
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Mechanic pursuant to Section 11 of the Agreement. In addition, the Lead
Engineer/Working Steward assigned to a particular project shall not be laid off
from that project after he/she begins his/her assignment (regardless of the
availability of a specific job) until there are fewer than five Local 14 and Local 15
engineers working on the project.
4. Master Mechanic (Multi-building and Mega Projects): For jobs in excess of
775,000 square feet, and on large, multi-building projects or “mega projects”
(e.g., the World Trade Center, Hudson Yards, Brookfield’s Manhattan West,
Willets Point Redevelopment, Airport Terminal Projects and similar projects)
Local 14 shall designate and assign a Master Mechanic to such projects pursuant
to Section 11 of the Agreement.
5. Wage for Lead Engineer/Working Steward/Master Mechanic: The Lead
Engineer/Working Steward/Master Mechanic shall be paid $68.47 per hour, in
addition to increases set forth in Paragraph 8 of this MOA. When a crane or any
other Local 14 or 15 manned equipment (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, unless the Employer or another Construction
Manager/General Contractor employing Local 14 or Local 15-represented
engineers on a particular project requests the Lead Engineer/Working
Steward/Master Mechanic to work in excess of twelve (12) hours in one day.
When the number of engineers on a project exclusive of the Lead
Engineer/Working Steward/Master Mechanic 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/Master Mechanic.
6. Rack & Pinion/Inside Car Wages: Engineers operating “Rack & Pinion” and
House Cars, including all Inside Cars, shall receive the same percentage increase
as received by other Local 14-represented engineers covered by this Agreement.
7. Overtime Rate for Hoisting Engineers: Engineers who operate Rack & Pinion or
Inside Cars, including all House 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 Fund shall
continue to be made as if overtime was paid at a double time rate.
8. Wages/Benefits: For All Classifications: All Local 14-represented engineers
covered by the agreement shall receive the following increases (all calculated on
the 2014 base) in the following contract years.
• July 1, 2014– 3%
• July 1, 2015- 3%
• July 1, 2016- 3%
All increases are based on the total wage and benefit package, non-compounded
for each of the three contract years. The percentage increase shall be allocated to
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the wage rate or fringe benefit funds at the discretion of Local 14. No Local 14-
represented engineer shall have his/her wages reduced, nor his/her current job
conditions modified as a result of this MOA.
9. Reaffirmation of Local 14’s Jurisdiction: The Employer reaffirms that Local 14-
represented engineers shall be employed to operate inside cars and outside hoists
on tenant build-outs in previously unoccupied space; that the Employer shall
similarly employ Local 14-represented engineers on alteration projects where it is
given custody and control of a dedicated car; that 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 materials, a Local 14-represented
engineer shall be employed on a full-time weekly basis and shall be assigned to
any available car; and that it will also employ a Local 14-represented engineer on
other “new construction” projects, defined as alterations in a building or
structure having less than a 25% occupancy rate.
10. Drug Testing: The parties agree to establish a mutually acceptable drug testing
protocol.
11. Target Committee: The parties agree to create a Target Committee to consider
proposals by Employers for relief from rates or conditions in order to assist a
particular Employer to compete for projects that are likely to be built by a non¬
union builder.
12. Recruitment of Disabled Veterans: The parties shall cooperate in the recruitment
and training of veterans who have suffered disabling injuries in recent foreign
conflicts to operate inside cars as Local 14-represented engineers on projects
involving alteration work or tenant-build outs.
13. Forms: Subject to a Local 14-approved reservation of collective bargaining rights
provision in each form, engineers shall sign appropriate forms required by the
Employer or by New York/federal law and routinely signed by other unionrepresented employees.
14. Earned Sick Time Waiver: The provisions of the administrative code of the City of
New York, Title 20, Chapter 8 (Earned Sick Time Act) in relation to the provision
for sick time earned by employees covered by this MOA, are expressly waived by
the parties to this MOA. Additionally, should any other municipality, county or
other governmental agency adopt a law or regulation providing for paid sick time
for employees covered by the collective bargaining agreement between CAGNY
and Local 14, and such law or regulation permits the parties to elect a waiver of
such paid sick leave, the parties agree that all such waivers are adopted and
incorporated herein.
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4818-6353-6668.1
15- Ratification: This Agreement is subject to ratification by the Local 14
membership.
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
Dat
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL-14-14B, AFL-CIO .
” Edwin Christian, Business Manager
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 14-14B, AFL-CIO
By:
Christopher Confrey, President
AGREED TO ON BEHALF OF THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 14-14B, AFL-CIO
By:
John Powers. Recording Corresponding Secretary Date