Contractors' Association of Greater New York, Inc.

AGREEMENT

BETWEEN

CONTRACTORS ASSOCIATION OF GREATER NEW YORK, INC.

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 15 AND 15A

JULY 1, 2023 THROUGH JUNE 30, 2026

TABLE OF CONTENTS

ARTICLE I. OBJECT 4

ARTICLE II. PRINCIPLES 4

SECTION 1. 4

SECTION 2. 4

SECTION 3. 5

SECTION 4. 5

SECTION 5. 5

SECTION 6. 5

SECTION 7. 6

SECTIONS..	TARGET COMMITTEE
SECTION 9.	FORMS
SECTION 10. EARNED SICK TIME WAIVER TERRITORY COVERED HOURS AND CONDITIONS
SECTION 1.	HOURS OF WORK

ARTICLE III. 6

ARTICLE IV. 7

SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTIONS.	SHIFTS PAYMENT OF WAGES OVERTIME HOLIDAYS CONDITIONS
(A)	VARYING SHIFT COMMENCEMENT
(B)	SHIFTING OF EMPLOYEES ON EQUIPMENT
(C)	PUMPING WELLPOINT, EDUCTOR, EJECTOR, DEWATERINGTUGGER HOISTS MAINTENANCE ENGINEER & REPAIR WORK OVERTIME REPAIR WORK AT WORK SITE MAINTENANCE ENGINEER -SHOP STEWARD SATURDAY EMPLOYMENT
(D) (E)
(F) (G)
(H)	CONCRETE PUMPS
(I) (J) (K)	COMPRESSOR MANNING CONCRETE PUMP & MAINTENANCE TRUCKS PUMPS– MANNING ON TEMPORARY WATER PUMPING & HEATING DEVICES ONLY MECHANICAL HEATERS (A) KEROSENE BLOWER TYPE HEATERS (B) RADIANT VAL 6 HEATERS JOB SITE PLANTS
(L)
(M)
(N)	ALL HYDRAULIC CRANES
2

ARTICLE V.	WAGES & WORK COVERED	16
SECTION 1.	MAINTENANCE ENGINEERS	16
SECTION IB. MAINTENANCE ENGINEERS– SHOP STEWARDS SECTIONIC. MAINTENANCE ENGINEERS ON	16
RADIANT MECHANICAL HEATERS	17
SECTION 2.	APPRENTICE ENGINEERS & OILERS	17
SECTION 2B. APPRENTICE ENGINEERS & OILERS	17
ARTICLE VI. FRINGE BENEFIT FUNDS	18
SECTION 1.	WELFARE FUND CONTRIBUTION	18
SECTION 2.	PENSION FUND CONTRIBUTION	18
SECTION 3A. COMPUTATION OF WELFARE & PENSION FUND
CONTRIBUTIONS	18
SECTION 3B. COVERAGE OF ADDITIONAL EMPLOYEES UNDER THE
WELFARE & PENSION FUND	19
SECTION 4.	VACATION FUND CONTRIBUTION	20
SECTION 5.	APPRENTICE & TRAINING FUND CONTRIBUTION	20
SECTION 6.	UNION ASSESSMENTS	21
SECTION 7.	ANNUITY FUND CONTRIBUTION	22
SECTIONS.	NATIONAL TRAINING FUND	22
SECTIONS.	CONSOLIDATED STAMP
FRINGE BENEFIT PAYMENT	23
SECTION 10. INDUSTRY ADVANCEMENT FUND	23
ARTICLE VII. WORK STOPPAGE FOR DEFAULT IN WELFARE &
PENSION CONTRIBUTIONS	23
ARTICLE VIII. MISCELLANEOUS	24
SECTION 1.	INSURANCE	24
SECTION 2.	24
SECTION 3.	BINDING SUBCONTRACTORS & OTHER FIRMS	24
ARTICLE IX. TRADE AND JURISDICTIONAL DISPUTES	24
ARTICLE X. ARTICLE XI.	GRIEVANCE ARBITRATION DRUG AND ALCOHOL TESTING	2526
ARTICLE XII. VALIDITY	27
ARTICLE XIII. TERM -RENEWAL	27

AGREEMENT

THIS AGREEMENT dated July 1, 2023, 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 15 & 15A, Party of the Second Part, hereinafter referred to as the “Union”.

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 as Employer and Employee, and to provide for the adjustment of disputes between the trades.

ARTICLE II PRINCIPLES

SECTION 1. The Employer reserves 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.

SECTION 2. The business representatives of the Union shall have access to work at all times. They shall comply with all general conditions of the job regarding passes, entrances to be used, etc., but shall in no way interfere with or hinder the progress of the work.

SECTION 3. The Employers recognize the Union as a source for the procurement of skilled workmen and Maintenance Engineers, Junior Engineers, Firemen, Apprentice Engineers and Oilers and agree to employ such workers who are members in good standing of the Union or who become members thereof seven 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 Employer associations and the Union agree that they have not and will not discriminate against any individual seeking employment because of race, creed, color, sex, nationality, age, disability, marital status, citizenship status or sexual orientation.

SECTION 5. 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 dispute, as provided for in Article VIII.

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 the Trade Association involved, in accordance with the requirements of the Plan referred to in Article VIII.

SECTION 6. Employees are at liberty to work for whomever they see fit and they are entitled to and shall receive wages agreed upon as hereinafter set forth in this Agreement.

Employers are at liberty to employ and discharge whomever they see fit, and the Employer shall at all times be the sole judge as to the work to be performed and whether such work as performed by an Employee is or is not satisfactory.

SECTION 7. 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 and 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. ,

SECTION 8. 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.

SECTION 9. FORMS: Subject to a Local 15-approved reservation of Collective Bargaining Rights’ provision in each form, Engineers shall sign appropriate forms ,

required by the Employer or by the New York/Federal Law and routinely signed by other union-represented Employees.

SECTION 10. NY STATE PAID SICK LEAVE Local 15-15A waives any right or entitlement for paid sick leave that may be provided by any City, State or Federal law or regulation.

The Unions acknowledge the provisions of the New York Sick Leave Act (Labor Law sec.l96-b) and further acknowledges that employees covered under this Agreement receive comparable benefits in lieu of the sick leave through the signatory Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of employees.

The Unions waive the provisions of the New York City Earned Safe and Sick Time Act pursuant to NYC Admin. Code Section 20-916(a) and acknowledges that employees covered under this Agreement receive comparable benefits in the form of the signatory Employer’s contributions to the Vacation Fund and/or |

Annuity Voluntary Fund on behalf of employees

ARTICLE III TERRITORY COVERED

SECTION 1. This Agreement shall apply to building construction work in New York City, i.e., Boroughs of Manhattan, Bronx, Richmond, Queens and Brooklyn.

SECTION 2. Building construction where referred to in this Agreement is hereby defined as the erection of buildings, exclusive of the construction of engineering structures and building foundations.

SECTION 3. When Employers, parties to this Agreement, do any work other than the type of work covered by this Agreement, they shall conform to any applicable agreement that exists between an employing group and the International Union of Operating Engineers, Local 15 and 15A. In particular, when Employers are excavating a site or pouring a foundation, the provisions of the agreement between the Union and the General Contractors Association, as amended from time to time, shall control the Employers obligation to hire.or cause to be hired a Working Foreman Maintenance Engineer/Mechanic Shop Steward. Employers shall discharge this obligation by hiring the Working Foreman Maintenance Engineer/Mechanic Shop Steward directly or by instructing another contractor which has an agreement with Local 15 to hire the Working Foreman Maintenance Engineer/Mechanic Shop Steward in which event the Working Foreman Maintenance Engineer/Mechanic Shop Steward would be subject to the direction and control of that contractor. Accordingly, during the excavation/foundation phase of a building project (which work is not covered by this Agreement), the Working Foreman Maintenance Engineer shall be employed under the rules of the GCA/Local 15 Agreement; in other words, the Working Foreman Maintenance Engineer will be employed when there is a Master Mechanic and six (6) other Engineers working on the project, as stated in the Agreement between the General Contractors Association of New York, Inc. and Local 15, 15A, 15B, 15Cand 15D.

IIii

ARTICLE IV I

HOURS AND CONDITIONS

SECTION 1. Hours of Work

Eight (8) hours shall constitute a day’s work. Forty (40) hours shall I

constitute a week’s work.

At the commencement of employment, an Employee will be paid for days actually worked in the payroll week. At the termination of employment, an Employee will be paid for days actually worked in the payroll week. If an Employee is laid off from his work assignment and rehired within five (5) consecutive working days for the same work assignment, said Employee shall be paid for the actual working days for which he was not employed, if he was not employed by another Employer during the layoff period.

SECTION 2. Shifts

(a) A single shift shall be a continuous nine (9) hours, starting at 8:00 a.m. except when necessary to conform with the provisions of this Article IV, Section 6, including one (1) hour for mealtime. The mealtime may be curtailed by one-half (1/2) i

hour. j

(b) The Employer may schedule all Local 15 Engineers and Local 14 Engineers on its payroll at a particular jobsite 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 (1) calendar week.

(c) When two (2) shifts are employed, each shift will work seven and one-half (7 M) hours but will be paid for eight (8) hours, since only one-half (1/2) hour is allowed for mealtime. j

(d) When three (3) shifts are employed, each shift will work seven and one-half (7 %) hours but will be paid for eight (8) hours, since only one-half (1/2) hour is allowed for mealtime.

(e) When two (2) or more shifts are employed, single time will be paid |

for each shift except as noted by paragraphs (c) and (d) above. j

(f)	On jobs of more than one (1) shift, if an Engineer or Junior Engineer
fails to report or work through any cause over which the Employer has no control, the Engineer on duty will continue to work at the rate of single time.
(g)	A week shall start at 7:00 a.m. or 8:00 a.m. Monday and end at 7:00

a.m. or 8:00 a.m. Saturday, except when necessary to conform with the provisions of this Article IV, Section 6.

(h) When an Employee is ordered out and reports on a Saturday, Sunday or holiday, regardless of whether his services are utilized, he shall receive a full day’s pay at double time.

(i) In case an Engineer or Junior Engineer is not ordered out on a

Saturday, Sunday or holiday, and his machine is operated by another Engineer or Junior Engineer he, as well as the Engineer or Junior Engineer who operated the machine, shall be paid a full day’s pay at double-time.

SECTION 3. Payment of Wages

All wages payable under this Agreement shall become due and be paid on the job every week and not more than three (3) days’ pay shall be held back. Wages shall be paid at the Employer’s option either in cash or by check, provided:

(a) The check is a Todd Insured ABC System Payroll Check or a similar type of check, and the delivery of the checks shall be made at least one (1) day preceding a banking day.

If for any reason the Employer terminates the service of any Employee working under this Agreement, the accrued wages and stamp(s) of that Employee shall be paid to him at the time of the termination of his employment, otherwise waiting time shall be charged for accrued wages. If any Employee shall, of his own volition, leave the service of his Employer, then his Employer may retain his wages and stamp(s) until the next regular pay day.

SECTION 4. Overtime

Double time shall be paid for all work performed in excess of eight (8) hours per day, for all work performed in excess of forty (40) hours per week and for all work performed on Saturdays, Sundays and holidays.

SECTION 5. Holidays

Holidays to be observed, as such, are: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day (Decoration Day), Independence Day (Fourth of July), Labor Day, Columbus Day, Armistice Day (Veteran’s Day), Thanksgiving Day, Day After Thanksgiving and Christmas Day.

(a) All Employees covered by this agreement shall receive eight (8) hours pay at the double time rate and the double time fringe if the said above-mentioned holiday is worked. If the employee works four (4) days in the payroll week from a single employer and he or she does not work the said holiday, the employee shall receive eight (8) hours straight time pay and eight-hour (8) holiday stamp.

There will be no benefit fund contributions on the Annuity, Vacation, Voluntary Annuity, Apprentice and/or Training Funds, Medical Re-imbursement, PAC, Defense Fund or LMCT funds.

Said member will receive a holiday stamp, which shall include welfare, pension and supplemental dues only. When a member covered by this agreement is employed in a payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hour holiday prorated stamp for each date worked in a payroll week (i.e.: one day – two (2) hours, two days– four hours, three days- six hours, four days– eight hours). During the week of Thanksgiving/Day After Thanksgiving holidays if both holidays are not worked, employees that work one day in the payroll week shall receive 6 hours of holiday pay and five hours of holiday pay for each additional day worked that week, not to exceed 16-hours of holiday pay.

Any of the aforementioned holidays that falls on a Saturday will be observed in accordance with the New York State General Construction Law Article 2 Section 24.

When the holiday is worked and the operating engineer is unable to work then only the replacement operating engineer receives holiday pay.

(b) Where the workday ends at 8:00 a.m. on a Saturday, or a Sunday, or a holiday, the Employer may, at his discretion, define Saturdays, Sundays and holidays beginning at 8:00 a.m. of the Saturday, or the Sunday, or the holiday and continuing until 8:00 a.m. of the following day, except when necessary to conform to the provisions of Paragraph (a) of Section 6 of this Article IV.

SECTION 6. Conditions

(a) Varying Shift Commencement: It is understood and agreed that because of certain Ordinances of the City of New York governing certain operations, such as blasting, etc., shift hours will be arranged to conform with such regulations, etc., and such shift work will be paid for at the single time rate, in conformity with the terms contained in this Agreement.

(b)Shifting of Employees on Equipment: During a work shift, an Employer may move the crew or an individual operator from Machine A to Machine B, and then back to Machine A, when there is an emergency on the project or a breakdown on Machine A, with no additional pay to the crew or individual operator. During a work shift, an Employer may move the crew or an individual operator from Machine A to Machine B, when conditions or logistics enable such a move, only with the prior approval of either the Master Mechanic or the Local Union Business Representative and the approval shall not be unreasonably withheld, with no additional pay to the crew or individual operator.

During the work shift, should an Employer move the crew or individual operator from Machine A to Machine B and then back to Machine A for the reasons other than those specified in this Section 6 (b), the crew or individual operator shall receive two (2) hours’ additional pay.

During the work shift, should an Employer make an additional move, the crew or individual operator shall receive eight (8) hours’ additional pay.

(c) Pumping; Continuous pumping regardless of motor power and size is the work of the Maintenance Engineers. Wellpoint and river cofferdam pumps are the work of the Operating Engineers under the jurisdiction of Local 14. Continuous pumping when using one air pump shall be performed by the Operating Engineer, under the jurisdiction of Local 14, manning the Compressor, subject to Article IV, Section 6(f).

If two (2) or more air pumps are employed, a Maintenance Engineer will man said pumps in addition to performing other duties as required.

When a pump is used for a period of more than two (2) hours in an eight (8) hour shift, a Maintenance Engineer shall be employed to operate up to and including five (5) pumps.

When a motor generator is used to power a pump, only one (1) Maintenance Engineer shall be required.

When a motor generator is used to power a heater, only one (1) Maintenance Engineer shall be required.

When a motor generator is used to power both pumps and heaters, two (2) Maintenance Engineers shall be required.

When a motor generator is used to power equipment other than pumps and heaters, an additional Maintenance Engineer shall be required.

When a water condition exists, a Maintenance Engineer shall be employed for the pumping of all water until a temporary certificate of occupancy or its equivalent is issued.

Wellpoint, Eductor, Ejector Dewatering Systems: On installation, a Wellpoint crew shall consist of a Maintenance Foreman plus four (4) Maintenance Engineers. After a Wellpoint Dewatering System, Eductor, Ejector, Deep Well Pumps or any Dewatering System of a similar nature is installed and while operating, a Maintenance Engineer shall be employed including overtime and on off-shift jobs. No Maintenance Engineer shall be employed on said Wellpoint Dewatering System on any second or third shift.

After a Wellpoint Dewatering System is installed and while operating, if in addition to the Wellpoint Dewatering System Pumps, other gasoline, diesel or electric powered pumps are installed and operated to supply water to a recharge system, one (1) Maintenance Engineer shall be employed on each shift while said other pumps are operating.

After an Eductor or Ejector Dewatering System is installed and while operating, if in addition to the Eductor or Ejector Dewatering System Pumps, other gasoline, diesel or electric powered pumps are installed and operated, one (1) Maintenance Engineer shall be employed on each shift while said other pumps are operating.

(d) Tugger Hoists: Where the Tugger Hoist is used for pulling cars, a Junior Engineer will be employed.

(e) Maintenance and Repair Work– Overtime Repair Work at Work Site: All maintenance and repair work at a work site of any kind and description, exclusive of said work being performed by other trades, shall be performed by Employees covered under this Agreement. Repair work during the work shift shall be performed by the crew on their own machines or by Maintenance Engineers.

On jobs where a Master Mechanic is employed, repair work during the work shift shall be performed by the crew under the general supervision of the Master Mechanic and with such assistance of Maintenance Engineers, if they are employed, as the Master Mechanic deems necessary.

If a piece of equipment breaks down and is repaired on the job site on overtime, the crew or individual operator of said piece of equipment shall work on the repair work during the overtime period, exclusive of welding, motor and compressor work.

(f) Maintenance Engineer/Shop Steward: The Union shall have the

right to assign from the Local 15-represented Engineers at all construction sites, a Working Maintenance Engineer/Shop Steward (“Shop Steward”). The Employer will ensure that the contractor employing the Shop Steward will permit the Shop Steward time to attend to Union matters on the jobsite with all subcontractors, vendors and suppliers. When three or more Local 15-represented employees are scheduled for overtime, the Shop Steward, if qualified, will be offered the opportunity to work that overtime assignment.

(g) Saturday Employment: A Maintenance Engineer shall be assigned to work on said Saturday provided at least one (1) Maintenance Engineer has worked on the project for a minimum of forty (40) hours prior to said Saturday except at the commencement of the project. The same conditions shall apply on overtime work.

(h) Concrete Pumps: Concrete pumps are to be manned by Employees covered by this Agreement under the jurisdiction of Local 14 and Local 15.

(i) Compressor Manning: Exclusive of Powerhouses, when compressors in battery are piped together and/or into a common receiver, they are to be manned as follows:

1or 2 compressors 3 through 6 compressors(Maximum of 7500 cu.ft.

1Local 14 Operating Engineer1Local 14 Operating Engineer &1Local 15 Oiler

capacity such as 5-1500 cu.ft. and/or 6-1200 cu.ft. capacity)

7 compressors 2 Local 14 Operating Engineers &1Local 15 Oiler

8 through 12 compressors 2 Local 14 Operating Engineers & 2 Local 15 Oilers

Over 12 compressors Repeat the above in the same manner

(j) Concrete Pump and Maintenance Trucks: When a truck-mounted concrete pump or maintenance truck is employed, the truck shall be driven by an Employee covered under this Agreement in addition to the performance of his other duties.

(k) Pumps (Manning on Temporary Water Pumping and Heating Devices ONLY): When the Employer notifies the Union in writing (including email or by fax) that an Employee manning temporary water pumps or heating devices may be laid-off and rehired within the same payroll period, the Union will make every effort to reassign that Employee to another work assignment if work is available.

If the Union makes every effort to find alternative employment for the laid off Employee, but is unable to do so, or if the Employer fails to notify the Union in writing of the layoff, the 40-hour, no broken time guarantee remains in full force and effect; provided, however, if a laid-off Employee does not seek employment while the temporary layoff is in effect through the Local 15 Referral Hall after the Employer informs the Union of the layoff, in writing, the Employer is not obligated to pay the laid-off Employee for the layoff period. The Union shall respond as soon as possible to an inquiry by the Employer regarding the laid-off Employee’s use of the Referral Hall to find alternative employment.

If the Employer utilizes the temporary pump or heaters while the Employee is laid off, this provision shall be null and void for the duration of the project.

(I) Mechanical Heaters:

(a) Kerosene Blower-type Heaters: When one to fifteen, and every portion of fifteen thereafter, Kerosene blower-type mechanical heaters (Nelson or similar types) are used, a Maintenance Engineer shall be employed on a straight shift basis. One Maintenance Engineer shall be required on each 5,000,000 BTU Heater.

(b) Radiant Vai 6 Heaters: When one to twenty, and every portion of twenty thereafter, radiant mechanical heaters, i.e. Vai 6-type or radiant mechanical heaters of a similar nature are used, a Maintenance Engineer shall be employed at the rate of $37.17 per hour effective July 1, 2023.

(m) Job Site Plants: There will be a Maintenance Engineer employed in the installation, maintenance and repair on a job site concrete plant when the plant utilizes any type loading device.

(n) All Hydraulic Cranes: All hydraulic cranes in excess of 35-ton capacity shall be manned by two (2) men; one (1) Local 14 Engineer and one (1) Local 15 Maintenance Engineer.

to) Job Targeting: for heaters, Deep Wells and water pumps traditionally maintained by Local 15

(p) NYS Wage Theft:It is the intent of the Parties to waive the Labor Law Section 198-E, pursuant to Labor Law Section 198-E (10).

ARTICLE V

WAGES * AND WORK COVERED

Section la. Maintenance Engineers: Installing, repairing, maintaining, dismantling of all equipment including Steel Cutting and Bending Machines, Mine Hoists, Tower Cranes, Linden Peine, Lorrain, Liebherr, Mannes or machines of a similar nature, Well Point Systems, Driving Maintenance Trucks and Truck-mounted Welding Machineswhen three or more motorized concrete buggies (ride type) are utilized on the job site, they shall be serviced, maintained and repaired by the Maintenance Engineer. For Maintenance Engineers, the basic rate shall be as follows:

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$63.51per hour

$1.00 per hour increment

SECTION lb. Maintenance Engineers:

Erection, dismantling and jumping of Climbing Tower Cranes (Pecco and Kodiks) and Crawler Cranes (straight and tower booms).

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$65.22 per hour $2.71 per hour increment $2.71 per hour increment

Section 1c. Maintenance Engineers/Shop Steward: Operating, installing, repairing, maintaining, dismantling (all pumps, regardless of motor power and size except River Cofferdam Pumps and Wellpoint Pumps, Mechanical Heaters, Generators, Concrete Mixers with Loading Device, Motor Generators when used for temporary power and lights).

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$48.46 per hour

$1.00 per hour increment

* It is agreed that Local 15 may reduce the wage rates setforth hereinfor the periods commencing July1, 2024 and July1, 2025 and reallocate the amount of said reduced wage rate intofringe benefits, after notifying CAGNY in writing before said reallocation is to become effective. The wages shown herein were those set on the effective date of this Agreement. However, in accordance with the above provision, wage reductions and fringe benefit reallocations have been made subsequent to the effective date of this Agreement. Please refer to the printed wage scalefor the modified rates and benefits applicable to each of the above years.

Section 1c. Maintenance Engineers on Radiant Mechanical Heaters: Operating, installing, repairing, maintaining, dismantling: Radiant Mechanical Heaters when used for temporary heat.

$37.17 per hour

$1.00 per hour increment

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

Section 2. Service Engineer (Oiler): (All gasoline, electric, diesel or air operated) Cranes, Gradalls, Concrete Pumps, Power Houses, Driving Truck Cranes, Driving and Operating Fuel and Grease Trucks: their duties shall be to assist the Engineer in oiling, greasing and repairing of all machines.

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$60.19 per hour

$1.00 per hour increment

Section 2b. Service Mechanic (Oiler on Crawlers): (All gasoline, electric, diesel or air operated) Cranes, Backhoes, Trenching Machines, Gunite Machines, Compressors (3 or more in battery), Overhead Cranes in Power Houses: their duties shall be to assist the Engineer in oiling, greasing and repairing of all machines.

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$43.72 per hour

$1.00 per hour increment

Section 2c. Oiler on Tower Crane

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$61.82 per hour

$2.63 per hour increment

Section 2d. Oiler on Crawler Crane

07/01/2023 to 06/30/2024 07/01/2024 to 06/30/2025 07/01/2025 to 06/30/2026

$44.93 per hour $2.21per hour increment $2.21per hour increment

* It is agreed that Local 15 may reduce the wage rates setforth hereinfor the periods commencing July1, 2024 and July1, 2025 and reallocate the amount of said reduced wage rate intofringe benefits, after notifying CAGNY in writing before said reallocation is to become effective. The wages shown herein were those set on the effective date of this Agreement. However, in accordance with the above provision, wage reductions andfringe benefit reallocations have been made subsequent to the effective date of this Agreement. Please refer to the printed wage scalefor the modified rates and benefits applicable to each of the above years.

ARTICLE VI FRINGE BENEFIT FUNDS**

SECTION 1. Welfare Fund Contribution: Commencing July 1, 2023 and continuing through June 30, 2026, the Employer agrees to pay the amounts indicated herein on both the straight time and premium time payroll of the Employees covered under this Agreement employed within the jurisdictional territory of the Union into a United States Treasury-approved Welfare Fund of the International Union of Operating Engineers, Local 15, 15A, 15C and 15D (hereinafter “Welfare Fund”) to be administered

by Trustees, one-half of whom shall be designated by the Union and one-half by the Employers. Said Welfare Fund shall provide, without further contributions from either the Employer or the Employee, an approved plan of coverage as required by the New York State Disability Benefits Law.

SECTION 2. Pension Fund Contribution: Commencing as of July 1, 2023 and continuing through June 30, 2026, the Employer agrees to pay the amounts indicated herein on the straight time payroll of the Employees working under this Agreement employed within the jurisdictional territory of the Union into a United States Treasuryapproved Pension Fund of the International Union of Operating Engineers, Local 15, 15A, 15C and 15D (hereinafter “Pension Fund”) to be administered by Trustees, onehalf of whom shall be designated by the Union and one-half by the Employers.

SECTION 3(A). Computation of Welfare and Pension Fund Contributions:

Contributions for the Welfare Fund as provided herein shall be Thirteen Dollars and Thirty Cents ($13.30) per hour on and after July 1, 2023 and continuing through June 30, 2024. Contributions to the Welfare Fund shall be applied to both the straight time payroll and the premium portion of the payroll of each Employee. Contributions for the Pension Fund as provided herein shall be Seven Dollars and Forty Cents ($7.40) per hour on and after July 1, 2023 and continuing through June 30, 2024.

** The Fringe Benefits shown herein were those set on the effective date of this Agreement. However, in accordance with the provision already noted in Article wage reductions andfringe benefit reallocations have been made subsequent to the effective date of this Agreement. Please refer to the printed wage scalefor the modified benefits applicable to each of the above years.

Contributions to the Pension Plan shall be applied only to the straight time payroll of each Employee and no contribution shall be made on the premium portion of double time or overtime of the payroll.

SECTION 3(b). Coverage of Additional Employees Under the Welfare and Pension

Fund: Every present and future salaried regular Employee of the Union, the Welfare Fund, the Pension Fund, the Vacation Fund, the Annuity Fund, Apprentice Fund and the Training Fund may participate in the benefits provide herein for Employees of the Employer for whose benefit the aforementioned contributions are made to the Welfare Fund and to the Pension Fund provided that contributions at the rates

hereinbefore stated are made to the Welfare Fund and to the Pension Fund for or on behalf of said Employees of the Union, the Welfare Fund, the Pension Fund, the Vacation Fund, the Annuity Fund, the Apprentice Fund and the Training Fund by the respective Employers of said Employees on the basis of the actual hours paid to them or the maximum rate required to be paid pursuant to this Agreement, whichever is lower.

Coverage for the Employees of the Welfare Fund and the Pension Fund may be indicated in the records of the respective Funds without actual payment on contributions on their behalf.

SECTION 4. Vacation Fund Contribution: Commencing July 1, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum of:

Five Dollars and Fifty-Five Cents ($5.55) * per hourfor each single time hour paid; Eleven Dollars and Ten Cents ($11.10) * per hourfor each double time hour paid

to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 15-15A in stamps purchased from a United States Treasury-approved International Union of Operating Engineers, Local 15, 15A, 15Cand 15D Vacation Fund. Said stamps are to be placed in the Employee’s weekly pay envelope and shall be cashed by Local 15, 15A, 15C and 15D Vacation Fund at such times as designated by the Trustees. Contributions of the Employer shall be used exclusively to provide benefits in such amount or amounts as the Trustees of Local 15, 15A, 15C and 15D Vacation Fund may determine, as well as for the organization and administration of the Local 15, 15A, 15Cand 15D Vacation Fund. The Local 15, 15A, 15C and 15D Vacation Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local 15-15A and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.

* Includes Employee Political Action Committee contribution of $0.05 per each straight time hour and $0.10 per each

double time hour.

SECTION 5. Apprentice and Training Fund Contribution: Commencing July 1, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum of:

One Dollar ($1.00) per hourfor each single time hour paid; Two Dollars ($2.00) per hourfor each double time hour paid

to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 15-15A in stamps purchased from an applicable governmental-approved International Union of Operating Engineers, Local 15, 15A, 15C and 15D Apprenticeship, Skill Improvement and Safety Fund (hereinafter “Apprentice Fund”). The stamps are to be placed in the Employee’s weekly pay envelope and shall be remitted to the Apprentice 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 Apprentice Fund may determine, as well as for the organization and administration of the Apprentice Fund. The Apprentice Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local 15-15A and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.

The Employer’s contribution to the Apprentice and Training Fund includes an additional fifteen ($0.15) 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 15-15A regardless of race, color, creed, national origin or sex, are eligible to participate in this training and retraining program in recognition of the basic contribution to the Fund of ten ($0.10) cents for each hour paid.

SECTION 6. Union Assessment: Commencing July 1, 2023 and continuing through June 30, 2024, the Employer agrees that there has been deducted from the wages of each Employee covered by this Agreement working under any of the classifications as set forth in Article V herein and territorial jurisdiction of Local 15-15A and paid to said Local 15-15A after proper execution by each Employee, an authorization for the sum of:

Three Dollars and Fifty-Two Cents ($3.52) per hour for each single time hour paid; Seven Dollars and Four Cents ($7.04) per hourfor each double time hour paid

which sums shall constitute a part of said Employee’s Local 15-15A Union Dues.

Local 15-15A agrees to indemnify and to hold harmless the Employer from any and all claims, actions and/or proceedings arising out of said Dues Checkoff.

SECTION 7. Annuity Fund Contribution: Commencing July 1, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum of:

Fourteen Dollars ($14.00) per hourfor each single time hour paid; Twenty-Eight Dollars ($28.00) per hourfor each double time hour paid

Further distribution to be made mutually between the Union and Employer at a future date to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 15-15A in stamps purchased from a United States Treasury-approved Joint International Union of Operating Engineers, Local 15, 15A, 15C, 15D Annuity Fund (hereinafter “Local 15, 15A, 15C and 15D Annuity Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope and shall be remitted to the Local 15-15A 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 15, 15A, 15C and 15D Annuity Fund may determine, as well as for the organization and administration of the Local 15, 15A, 15C and 15D Annuity Fund. The Local 15, 15A, 15C and 15D Annuity Fund shall be administered jointly by Trustees, one half of whom shall be designated by Local 15-15A

and one-half by the Employers pursuant to an Agreement and Declaration of Trust. For the purpose of this Section 7, Local 15-15A 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 8. National Training Fund Contribution: Commencing July 1, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum of:

Ten Cents ($0.10) per hourfor each single time hour paid; Twenty Cents ($0.20) per hourfor each double time hour paid

Further distribution to be made mutually between the Union and Employer at a future date to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 15-15A in stamps purchased from a United States Treasury-approved Joint International Union of Operating Engineers, Local 15, 15A, 15C, 15D National Training (hereinafter “Local 15, 15A, 15C and 15D National Training Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope and shall be remitted to the Local 15-15A National Training Fund by the Employee at such times as are designated by the Trustees.

SECTION 9. Consolidated Stamp: Payment to the Local 15, 15A, 15C and 15D

Pension Fund, Welfare Fund, Vacation Fund, Annuity Fund, Apprentice Fund and Union Assessment shall be by the purchase of a consolidated stamp.

Fringe Benefit Payment: Payment of all Fringe Benefits will be by Stamp.

SECTION 10. Industry Advancement Fund: Commencing July 1, 2023, all

Employers covered by this Agreement shall contribute one and three quarters percent (1.75%) 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 (“IAF”). All Employer contributions to this Fund shall be remitted either directly to CAGNY or 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, 15th Floor, New York, NY 10022. The IAF 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.

The IAF shall reimburse the Welfare and Pension Funds for all expenses incurred in receiving, recording, etc., in connection with receipts 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.

SECTION ll.The Association shall be permitted to designate an Employer Trustee for the afore-described Pension Fund, Welfare Fund, Vacation Fund, Annuity Fund, Apprentice 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 an Association designated trustee.

ARTICLE VII

WORK STOPPAGE FOR DEFAULT IN

WELFARE AND PENSION CONTRIBUTIONS

Whenever an Employer is in default on payments to the Welfare and Pension Funds referred to in Article VI of this Agreement and reasonable notice of such default is given to the Employer, the Union may remove the Employees from the work of said .

Employer. If said Employees who are removed remain on the jobsite during regular I

working hours, they shall be paid for lost time not to exceed three (3) days’ pay.

Each Employer’s book and payroll records shall be made available upon demand of the Trustees, for audit and inspection by a representative of the Trustees at the reasonable business hours.

ARTICLE VIII MISCELLANEOUS

SECTION 1. 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 2. 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 3. Binding Subcontractors and Other Firms: The Employer stipulates that any firm engaging in Building Construction Work within the territory covered by this Agreement in which it has or acquires a financial interest, or any successor in interest, shall be bound by all the terms and conditions of this Agreement.

ARTICLE IX

TRADES 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 attached Side letter.

SECTION 2. 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 the attached Side letter.

SECTION 3. In the event of any stoppage of work caused by any Union or Unions affiliated with the Building and 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. 25

ARTICLE X GRIEVANCE 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, the Employer and the Union shall make every effort to settle the dispute informally by discussions between an authorized representative of the Employerand 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 name arbitrators or one of their successors in accordance with the procedures hereinafter set forth. The parties mutually agree that Richard Adelman, 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 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 the Association. 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. The Association will provide the Union with a list of its members who have designated the Association as its bargaining agent and who have agreed to be bound by the terms and conditions of this Agreement. In addition, the Association will notify the Union of any changes in membership, either by the addition of new members or the dropping of members during this Agreement. It is further agreed that all Employer members of the Association 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

DRUG AND ALCOHOL TESTING

Effective July 1, 2020, the parties agree to establish a mutually acceptable drug testing protocol.

ARTICLE XII 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 laws, it shall not invalidate the other portions of this Agreement, it being the sole intent and purpose of this Agreement to promote peace i

and harmony in the craft along lawful lines. !

ARTICLE XIII TERM– RENEWAL

SECTION 1. This Agreement retroactive from July 1, 2023 shall continue in effect until and including June 30, 2026 and during each year thereafter unless on or before the fifteenth (15th) day of March, 2026 or on or before the fifteenth (15th) day of March any year thereafter, written notice of termination or proposed change shall have been served by either party on the other party.

In the event that written notice shall have been served, an Agreement i

supplemental hereto, embodying such changes agreed upon shall be drawn up and signed by June 30th of the year in which the notice shall have been served.

iI!

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 of this Agreement, providing it is agreed that a proposed contract change after that date may be I

proposed.

28 I i

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized representatives as of the 1st day of July, 2023.

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 15 and 15A

CONTRACTORS ASSOCIATION OF GREATER NEW YORK, INC.

Thomas A. Callahan

President and Business Manager

Raymond G. McGuire Managing Director

Christopher Thomas

Recording Corresponding Secretary