AGREEMENT
between
MASON TENDERS’ DISTRICT COUNCIL
OF GREATER NEW YORK
and
CONTRACTORS’ASSOCIATION OF GREATER
NEW YORK, INC.
JULY 1, 2020
-toJUNE 30, 2023
4830-9219-6841.1
TABLE OF CONTENTS
Page
| ARTICLE I RECOGNITION ARTICLE II SUBCONTRACTING |
1 2 |
|
| Section i. | Subcontracting Bargaining Unit Work | 2 |
| Section 2. Subcontractor’s Funds Delinquency Section 3. No Circumvention of Agreement Section 4. Employer’s Obligations |
3 3 3 |
|
| Section 5. | Future Employer Acquisitions | 3 |
| Section 6. Residential and Hospitality Market Recovery Program | 3 | |
| Section 7. | Paymasters | 4 |
| ARTICLE III UNION REQUIREMENTS | 4 | |
| Section 1. | Union Security | 4 |
| Section 2. Referrals | 5 | |
| Section 3. Continuing Education Section 4. Non-Discrimination ARTICLE IV WORK COVERED |
7 8 8 |
|
| Section 1. | Mason Tender Work | 8 |
| Section 2. Hazardous Abatement | 12 | |
| Section 3. Demolition Work | 12 | |
| Section 4. Other Work | 14 | |
| Section 5. | Future Awarded or Assigned Work | 14 |
| ARTICLEV HOURS OF WORK, OVERTIMEAND HOLIDAYS | 15 | |
| Section 1. | Hours of Work | 15 |
| Section 2. Overtime | 16 | |
| Section 3. | Holidays | 17 |
| Section 4. Union Notification | 17 | |
| Section 5. | Lunch Period | 17 |
| Section 6. Union Activity Leave ARTICLE VI WAGES AND FRINGE BENEFITS |
17 17 |
|
| Section 1. | Wages | 17 |
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4830-9219-6841.1
TABLE OF CONTENTS
(continued)
Page
| Section 2. | Overtime Rates |
| Section 3. | Union Dues |
| Section 4. Welfare Fund | |
| Section 5. | Pension Fund |
| Section 6. Annuity Fund | |
| Section 7. | Training Program |
18
18
18
19
19
20
Section 8. State LECET Fund 20
Section 9. NYS Health and Safety Fund 20
Section 10. GNY LECET Fund 21
Section 11. Vacation Account 21
Section 12. MTDC PAC Fund 21
Section 13. CAGNY IAF 21
Section 14. CIP Advancement Fund 21
Section 15. Fringe Benefit Administration 22
Section 16. Surety Bond 22
Section 17. Payment of Wages 23
Section 18. Payment of Wages by Check 25
Section 19. Employer Records 26
Section 20. Travel Reimbursement 28
Section 21. Show-Up Pay . 28
ARTICLE VII WORK CONDITIONS 29
| Section 1. | Tool House |
| Section 2. | Inclement Weather Clothing |
| Section 3. | Tools |
| Section 4. | Gratuities and Pay Advances |
| Section 5. Section 6. |
Elevator Maintenance And Weight Restrictions Federal, State and Local Law Compliance |
| ARTICLE VID UNION REPRESENTATIVES | |
| Section 1. | Shop Stewards |
| Section 2. | Business Agents |
| Sections. | Foremen |
29
29
29
29
30
30
31
31
32
32
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4830-9219-6841.1
-iiiTABLE OF CONTENTS
(continued)
Page
| ARTICLE IX NO STRIKES/NO LOCKOUTS | 33 | |
| ARTICLE X DISPUTE RESOLUTION PROCEDURE | 34 | |
| ARTICLE XI JOINTADVISORY COMMITTEE | 36 | |
| ARTICLE XII DRUG AND ALCOHOL TESTING | 36 | |
| ARTICLE XIII EARNED SICK TIME LEAVE ACTWAIVER ARTICLE XIV MISCELLANEOUS |
36 37 |
|
| Section 1. | Severability | 37 |
| Section 2. CAGNY Membership | 37 | |
| Section 3. Employer Obligations | 38 | |
| Section 4. Practicable Applications | 38 | |
| Section 5. Termination of Agreement | 38 | |
| Section 6. Most Favored Nations | 38 | |
| Section 7. Construction Manager | 39 | |
| Section 8. Enforceability Section 9. Scan In/Scan Out Section 10. Headings ARTICLE XV DURATION SCHEDULE CSIDE LETTER |
39 39 39 40 |
|
| SIDE LETTER #1 SIDE LETTER #2 |
SIDE LETTER #3
4830-9219-6841.1
AGREEMENT
This Collective Bargaining Agreement (hereinafter “Agreement”) is
entered into by and between the undersigned CONTRACTORS’ ASSOCIATION OF
GREATER NEW YORK, INC., (hereinafter referred to as “CAGNY”) on behalf of its
constituent employers (hereinafter “Employer(s)”) and the MASON TENDERS’
DISTRICT COUNCIL OF GREATER NEW YORK, affiliated with the Laborers
International Union of North America (hereinafter referred to as the “Union”) for its
constituent Local Unions Number 78 and 79.
ARTICLE I
RECOGNITION
Section 1. The Employer recognizes the Union as the exclusive
collective bargaining agent for all employees covered by this Agreement. The term
“Mason Tenders” as used in this Agreement includes all employees who perform work as
described in Article IV of this Agreement.
The Union claims and has shown proof, and the Association and all
Employers acknowledge and agree, that a majority of employees for each and every
Employer have authorized the Union to represent them in collective bargaining. The
Association and all Employers hereby recognize the Union as the exclusive bargaining
representative under Section 9(a) of the National Labor Relations Act for all employees
who perform work covered by Article IV of this Agreement on all present and future job
sites.
The Employers agree that should the Union request recognition as the
Section 9(a) representative of any Employer, the Employer shall, upon presentation of
documentary evidence of the Union’s support by a majority of the employees of the
Employer covered by this Agreement, recognize the Union as the exclusive bargaining
representative under Section 9(a) of the National Labor Relations Act for all employees
who perform work covered by this Agreement.
4830-9219-6841.1
Section 2. This Trade Agreement is effective on all jobs in Greater New
York City within its established boundaries.
ARTICLE II
SUBCONTRACTING
Section 1. Subcontracting Bargaining Unit Work: No Employer
shall enter into a contract or subcontract with any other person, firm, partnership,
corporation or joint venture employing Mason Tenders to perform bargaining unit work
as defined in Article IV (hereinafter “bargaining unit work”) on the same job site, unless
such other person, firm, partnership, corporation or joint venture is bound by an
Agreement with the Union.
Section 2, Subcontractor’s Funds Delinquency: The Employer
shall not subcontract “on site” bargaining unit work as defined in Article IV unless the
employer receiving the subcontract has an Agreement with the Union. In the event that
any subcontractor of the Employer is delinquent in the payment of contributions to the
fringe benefit funds set forth in Article VI (“Funds”), the Employer, upon written notice
from the Union or the Funds, shall withhold such delinquent sums from payments owed
to the subcontractor with respect to the affected job, and upon request of the Union or
Funds provide written notice confirming such withholding. Such notice from the Funds
or the Union shall indicate the sums owed by the subcontractors] for work performed
at the specified site of the Employer, and the Employer shall be required only to
withhold sums owed by the subcontractor for work performed on that specific site (and
from payments due to the subcontractor for work performed on that specific site). The
subcontractor, by this Agreement, authorizes the withholding of these sums and further
authorizes the Employer to pay such delinquent amounts directly to the Fringe Benefit
Funds.
If the subcontractor fails to object in writing to the payment of such
monies to the Fringe Benefit Funds within ten (10) days of its receipt of written notice
of the Union’s or Fund’s invocation of rights under this Section, monies required to be
withheld shall be paid directly to the Fringe Benefit Funds. If the Employer is given
written notice within the required period that the allegedly delinquent subcontractor
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4830-9219-6841.1
disputes owing any portion of the amounts that the Union or the Funds claims is
delinquent for work at the specified site, the Employer shall continue to withhold the
sums, but need not forward to the Funds the amounts claimed to be owed until the
earlier of either: (i) the subcontractor acknowledges the amount due or otherwise
consents to the Employer’s payment of the monies to the Funds, or (ii) the Union or the
Funds either submits to the Employer the results of an audit conducted by a third-party
qualified auditing firm supporting the Funds’ or Union’s claim with respect to the
amounts owed by the subcontractor, or the subcontractor refuses to allow the Union or
Funds to conduct such an audit.
Sectiona. No Circumvention of Agreement: The Employer agrees
that it will not subcontract any work covered by this Agreement in order to circumvent
the payment of wages and fringe benefits and the working conditions provided for in
this Agreement.
Section 4. Employer’s Obligations: If an Employer covered by this
Agreement, or owners or principals that have a controlling interest in the Employer,
forms or acquires by purchase, merger or otherwise, a controlling interest, whether by
ownership, stock, equitable or managerial, in another company performing bargaining
unit work within this jurisdiction, this Agreement shall cover such other operation and
such other bargaining unit employees shall be considered an accretion to the bargaining
unit.
Section s. Future Employer Acquisitions: If an Employer covered
by this Agreement, or owners or principals that have a controlling interest in the
Employer, forms or acquires by purchase, merger or otherwise, a controlling interest,
whether by ownership, stock, equitable or managerial, in another company performing
bargaining unit work within this jurisdiction, this Agreement shall cover such other
operation and the Employer and such other company shall be jointly and severally liable
for each other’s obligations under this Agreement.
Section 6. Residential and Hospitality Market Recovery
Program: Side letters #1 and #2 attached hereto contain the terms applicable to
Residential and Hospitality projects.
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4830-9219-6841.1
Section 7. Paymasters: Employers shall not use or serve as
paymasters except as set forth in paragraph 7 of Sideletter #1 (regarding paymastering
for masonry companies not otherwise signatory to an agreement with the Union). The
preceding shall not be construed to preclude an Employer from either entering into i) a
joint venture with another company (whether signed to an agreement with the Union or
not), provided the joint venture complies with the Agreement for all work described in
Article IV of the Agreement (Work Covered); or ii) a “true” subcontract of general
conditions work (meaning the subcontract is for a defined scope of general conditions
work at a fixed price), in which case the regularly applicable terms and conditions of the
Agreement regarding subcontracting shall apply.
ARTICLE III
UNION REQUIREMENTS
Section 1. Union Security:
(a) It shall be a condition of employment that all employees of
the Employer who perform work covered by Article IV of this Agreement shall
become or remain members in good standing of the Union or shall pay uniform
initiation and agency fees on or after the eighth day following the date of
execution of this Agreement, or after the eighth day following the beginning of
covered employment. The Union agrees that all employees will be accepted to
membership on its roster of eligible laborers on the same terms and conditions
generally applicable to other members or laborers on its roster of eligible laborers
and, further, that the Employer will not be requested to discharge an employee for
reasons other than such employee’s failure to tender the periodic dues or fees
uniformly required.
(b) The Union shall have the right to collect a reasonable fee for
inclusion on the roster of eligible laborers from all persons who are not members
in good standing of the Union or are not tendering uniform initiation and agency
fees uniformly required. Such fee shall be collected to cover the reasonable cost of
maintaining the roster of eligible laborers. At the earliest date permitted by law, a
person who has paid a fee to be included on the roster of eligible laborers and is
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4830-9219-6841.1
referred to an Employer shall tender to the Union upon acceptance for
employment by the Employer the uniform initiation and agency fees uniformly
required.
(c) The Employer agrees to discharge, on seven days’ written
notice, signed by the Secretary-Treasurer of the Union, any employee who has
failed to tender uniform initiation and agency fees uniformly required, provided
that the notice is also provided to the employee and the employee does not pay the
required initiation and agency fees within seven days of the date of the notice.
The Union shall indemnify and hold the Employer harmless for any financial
liability arising from the Employer’s compliance with such notice.
Section 2. Referrals:
(a) The Employer shall, prior to the commencement of a job,
advise the Union of the job in order to permit the appointment of a Shop Steward.
The first Mason Tender on any job site shall be selected by the Employer. The
second Mason Tender on a job site shall be a Shop Steward appointed by the
Union. The next five Mason Tenders, exclusive of any Apprentice, shall be
selected by the Employer. Commencing with the ninth Mason Tender on a job site
(counted inclusive of the Apprentice), 50% of all Mason Tenders shall be
furnished and referred by the Union to the Employer from the roster of eligible
laborers and 50% shall be selected by the Employer, exclusive of any Apprentice.
The Employer will make a good faith effort to employ more than the required
minimum number of Mason Tenders from the hiring hall. When a Mason Tender
is referred from the Hiring Hall, the Employer may request that Mason Tender by
name for a period of twelve (12) months following the initial referral and that
employee shall count as a Hiring Hall referral towards the ratio requirement. It is
understood that the Employer shall hire whomsoever it sees fit, and that the
Employer shall at all times be the sole judge as to the work to be performed and
whether such work performed by the Mason Tenders is satisfactory. All Mason
Tenders hired by the Employer shall become or remain members in good standing
of the Union or shall pay uniform initiation and agency fees at the earliest date
permitted by law. With notification to the Union, the Employer shall be permitted
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4830-9219-6841.1
to reject a Shop Steward for cause if theShopSteward was previously employed by
the Employer or to discharge a Shop Steward for cause.
(b) As of July 1, 2002, an Employer shall employ apprentices at
job sites. At a minimum, the fifth Mason Tender on the site, and every fifth
Mason Tender on the site thereafter, (i.e., fifth, tenth, fifteenth and so on), shall be
an apprentice. At the Employer’s option, however, the following alternative
apprentice ratio shall apply: the third or fourth Mason Tender, the seventh Mason
Tender, and every fifth Mason Tender on the site thereafter (i.e., the twelfth,
seventeenth and so on) shall be an apprentice. To fill these apprentice positions,
the Employer may move the apprentices it employs from site to site as needed,
provided, however, that the Employer agrees to comply with apprentice program
notifications and training requirements.
(c) There shall be a Joint Apprenticeship Training Committee
(“JATC”) charged with direction of the Apprentices. The Employer agrees to and
shall be bound by all terms and conditions of the JATC documents creating the
JATC and by any rules or by-laws adopted by the JATC, as they may be amended
from time to time. Further, effective July 1, 2003, or at such time as the Union
determines in its sole discretion thereafter, the Union shall have the authority to
implement a Mandatory Apprenticeship Program pursuant to which all Mason
Tenders on any job shall either be credited as Journeymen by the JATC, or
designated and enrolled as Apprentices in the JATC-administered program. The
Employer hereby agrees to abide by all rules and regulations and amendments
thereto, of the Union and the JATC concerning the implementation and
maintenance of the Mandatory Apprenticeship Program. In addition, CAGNY
agrees, at the request of the Union, to appoint Employer representatives to
participate in a Joint Committee to oversee and monitor the implementation of
the Apprenticeship Program by CAGNY members.
(d) The Employer shall have the absolute right to reject any job
applicant referred by the Union, with the exception of the Shop Steward, who can
only be rejected pursuant to the procedure set forth in subsection 2 (a) of this
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4830-9219-6841.1
Article III. In the event of such rejection, the Union will refer another applicant to
the Employer.
(e) In the event that any applicable statute is enacted or any
decision rendered by a court or administrative agency having jurisdiction thereof,
which statute or decision permits union security or hiring provisions more
favorable to the Union than those contained herein, then the parties hereto shall
meet and negotiate concerning the amendment of this Agreement.
(f) In the Borough of Richmond the handling of Lathers
materials and the tending of Plasterers is the work of the Mason Tenders.
(g) When an Employer is performing work for more than one
client in the same building, all such work shall be treated as a single jobsite for
purposes of these referral provisions of the Agreement.
Sectiona. Continuing Education: The Employer shall require any
employee whom it employs for 1200 hours or more in a continuous 12 month period to
successfully complete the following courses (or their equivalents) offered by the MTDC
Trade Education Fund:
| > > > > > |
General Contractor (16/40 hours) Hand and Power Tool Applications (8 hours) OSHA (10 hours) Fireguard (4 hours) Learn to Bum (2 hours) |
| The Employer may require any employee whom it employs for 1200 hours or more in a continuous 12 month period to successfully complete one or more of the following courses (or the equivalents) offered by the MTDC Trade Education Fund: |
|
| > > > > > > > > > > |
Blueprint Reading (32 & 80 hours) Fall Protection Awareness (4 hours) Foreman Awareness (8 hours) Foreman Preparedness (40 hours) CPR (4 hours) First Aid (4 hours) Computer Training (4 hours) Sexual Harassment Awareness (4 hours) Scaffold Erector Safety (32 hours) Scaffold User (8 hours). -7- |
4830-9219-6841.1
Section 4. Non-Discrimination: The Employer and the Union agree
there will be no discrimination against any employee or applicant for employment, with
respect to race, creed, color, national origin, sex, age, handicap, veteran status, marital
status, religion, sexual orientation, affectional preference, citizenship status, concerted
activity or union membership in any employment decisions, including but not limited to
recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading,
demotion, downgrading, transfer, layoff and termination, and all other terms and
conditions of employment except as provided by law. The parties agree to discuss ways
to create and implement an alternative dispute resolution (“ADR”) program for
resolution of claims of discrimination.
ARTICLE IV
WORK COVERED
Section 1. Mason Tender Work: The Employer shall exclusively
employ Mason Tenders to perform the following work:
(a) The cleaning and sweeping of sidewalks or their
maintenance, and the maintenance of safety equipment, barricades and flags,
from the inception of the job to its completion.
| (b) | Jacking up of trailer offices or the erection and dismantling |
| of shanties on the job site, and the opening and closing of windows on the job. | |
| (c) | Installation and maintenance of temporary heat other than |
| electric heat in trailers, shanties, or temporary toilet facilities on the job site, and the heating of masonry materials for installation during the winter. |
|
| (d) | Installation and maintenance of fire preventive equipment, |
| including fire extinguishers on the job site. | |
| (e) | Assist the Project Engineers, if required, at the inception of |
the job to perform the marking of locations for the placement of temporary
facilities and signs.
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4830-9219-6841.1
| (f) | Tending Masons or Bricklayers on construction jobs of every |
| nature and description including bridges, tunnels and sewer jobs. | |
| (g) | Mixing and placing concrete in the foundations for masonry |
bearing walls and foundations for stone buildings, according to the International
Union ruling of January 28, 1948, including placing steel forms, wooden forms, or
any other forms for concretefoundations on such jobs.
(h) Wheel or carry materials in or about the job site and assist in
the preparation of masonry materials to be used by mechanics, whether such
preparation is by hand or by other process, or supply, convey, stock pile, clean,
load or unload material which has not been awarded to other trades, whether by
hand or any other mechanical device, including fork lifts when used to hoist
equipment or materials to levels not in excess of nine feet.
(i) Clean or scrape mortar or plaster or spackle or debris of any
kind or type from windows, door bucks, or window frames, and do rough cleaning,
and clean floors of refuse and deposit it in chutes or in trucks, and remove debris
resulting from the cleaning and removal of protection from the porcelain and
china bath fixtures. The cleaning described in this subparagraph shall be assigned
exclusively to Mason Tenders in those portions of a building until they have
received a temporary certificate of occupancy or have been turned over to the
Owner.
(j) Moving, placing, removing, installing, maintaining and
stocking of temporary sheeting of floors or runways or scaffolds, and the
application, maintenance and removal of all protective materials used to protect
finished surfaces of elevators, door bucks, window frames, doors etc., during
construction, (except the protective materials applied prior to delivery to the job
site) although the removal of debris resulting from the removal of protective
materials applied prior to delivery to the job site is the work of the Mason Tender.
(k) Erect or remove scaffolds and runways for the use of
Bricklayers, Masons or Mason Tenders and erect or remove planking on the
scaffolds.
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4830-9219-6841.1
(1) Hanging centers for the use of Bricklayers, where hollow tile
or brick arches are used, and pour rough concrete on Republic or Kahn Arches.
(m) Work hand pumps for all work covered by this Agreement
when the Employer elects to do the pumping by hand.
| (n) | Operate mortar or concrete mixers other than those driven |
| by steam or compressed air, for work covered by this Agreement. | |
| (o) | Alteration work, including but not limited to the removal of |
| partitions, ceilings, walls, all floors, floor coverings, fixtures, reinforced concrete floors, and ducts, any of which are not to be re-used, and the removal of walls which have been erected by Bricklayers or Plasterers. |
|
| (p) | Cleaning and removal of all combinations of masomy |
| rubbish in remodeling or alteration work. | |
| (q) (r) |
Cutting or opening walls of any thickness. When Mason Tenders pour concrete, Mason Tenders shall |
| strip all forms and cut concrete, whether performed by hand or machine. | |
| (s) | Loading or unloading materials for Bricklayers and materials |
for Mason Tenders to and from trucks at the job site, except that the driver may
assist such loading and unloading.
(t) Tearing down work, chopping not traditionally claimed by
other Trades, and removing all debris on all alteration or remodeling projects.
(u) Tending and maintaining temporary heat devices of every
description, except where the tending and maintenance of such devices have
traditionally been performed by Plumbers, Engineers, Electricians, Concrete
Laborers, Sheet Metal Workers or Steamfitters. The work shall include the
unloading, stockpiling, distribution, tending and relocation of the devices as
directed by the Employer and shall be given the broadest possible interpretation
to ensure the maximum amount of work involved with and incidental to
temporary heat devices is assigned to Mason Tenders.
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4830-9219-6841.1
(v) Mason Tenders shall be employed as bell ringers on four pole
material hoists. There shall be at least two Mason Tenders so assigned. One shall
be stationed at the platform to assist in the safe operation of the hoist. The
Employer may assign the Mason Tender on the platform to assist in the operation
of a second four pole material hoist, provided such assignment is consistent with
the safe operation of the second hoist. Other Mason Tenders shall be assigned to
floors where materials are being loaded or unloaded. There shall be a Mason
Tender assigned to work on the floor for each hoist in operation. Mason Tenders
shall assist in loading or unloading all material onto and from the hoist and shall
be in sole charge of signaling the engineer for hoisting such materials, when
necessary, whether by bell, radio, or other methods, and shall be in absolute
control of the signaling rope for raising or lowering the hoist from floor to floor.
(w) Mason Tenders shall also continue to do all the work which
they have performed in the past.
(x) Tending and assisting the erection, construction or
installation of prefabricated masonry panels.
(y) All cleaning and removal of debris, rubbish and refuse of any
type and kind for all trades on all jobs, except that trades that have traditionally
piled their debris within a reasonable distance of their working area may continue
to pile their debris for eventual removal by Mason Tenders.
(z) Unloading, handling and assisting in the setting of precast
sills and coping where mechanical equipment is not used.
(aa) Mason Tenders shall continue to have exclusive jurisdiction
regarding the servicing of Bricklayers.
(bb) Opening and closing of a construction site for the purpose of
providing access to the job site or work areas for deliveries of material, equipment
and machinery when a Mason Tender is otherwise employed on the job site and is
called in to perform his or her normal duties covered by this Agreement. This
work shall include, but not be limited to, the opening and closing of all fences,
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4830-9219-6841.1
gates, chains, temporary doors, barricades, barriers or other devices used to
control general access, but shall not include the opening and closing of gates or
doors reserved exclusively for personnel and controlled by supervisory personnel.
Section 2. Hazardous Abatement: The Employer shall exclusively
employ Mason Tenders to perform the following work:
The removal, abatement, encapsulation or decontamination of asbestos,
lead and other toxic and hazardous waste or materials which shall include but not
necessarily be limited to: the erection, building, moving, servicing and dismantling of all
enclosures, scaffolding, barricades, decontamination units, negative air machines, walls,
ceilings, floors, etc.; the operation and servicing of all tools and equipment normally
used in the removal or abatement of such waste or materials; the labeling, bagging,
cartoning, crating, packaging and movement of such waste or materials for disposal; the
clean up of the work site and all other work incidental to the removal, abatement,
encapsulation or decontamination of such waste or materials.
| Section | Demolition Work: The Employer shall exclusively employ |
| Mason Tenders to perform the following work: | |
| (1) | Complete demolition, including the dismantling, |
remodeling or alterations of entire buildings or structures, in whole or in part, of
any size, type, or purpose, or the complete demolition of any portion of all
buildings or structures. This work shall include, but not be limited to, the
following:
(a) all manual work involving the tearing down,
breaking away, disposal of, and/or removal from, the building or structure of any
and all building materials, whether debris or salvaged materials, used in the
construction of all buildings or structures (concrete, terra cotta, brick, mortar,
plaster, structural and ornamental lumber, roofing materials of any type, natural
or manufactured stone, ornamental iron, lath, reinforcing rods, floors and flooring
materials), and structural components (wood, steel or beams of any material);
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4830-9219-6841.1
(b) the complete removal of one or more stories
from a building or structure when the building or structure is to be shortened in
height, except where the Employer assigns precision cutting and power rigging to
the Ironworkers; the gutting of the interior of a building or structure by the
removal of a partition and/or flooring; the demolition of any wall or walls of any
building or structure, regardless of whether and/or where the walls are to be
rebuilt, the removal of partitions and arches, or parts thereof, from one or more
floors in any building, or structure, which is being renovated or remodeled; the
removal of brick or concrete walls or walls to be rebuilt in their original position;
and the removal of concrete walls which are to be rebuilt in a different position for
the purpose of shortening the length or width of a building when said brick or
concrete walls are to be rebuilt;
(c) the breaking away, cleaning and removal of all
masonry and wood or metal fixtures for salvage or scrap; all hooking and signaling
when materials for salvage or scrap are removed by crane or derrick; all loading
and unloading of materials carried away from the sight of wrecking; all cleaning,
storing, stockpiling or handling of materials; all tearing down of work, removal of
all debris, clean-up, burning, back-filling and landscaping of the site of the
wrecked structure;
(d) the use of any and all tools and/or equipment
necessary to perform this work including, without limitation, shovels, picks, bars,
hammers, sledge hammers, chisels, electrically powered, battery powered, and
pneumatically powered hand tools (jack hammers, all saws and cutting tools,
including reciprocating and skill saws, chipping guns, drills, spaders, caulking
guns, etc.);
(e) the use of all manually operated equipment
used to raise, lower, or hoist any and all equipment, tools or materials used to
perform this work or to remove any and all debris or salvaged materials; all
cutting of any metal material, salvage or debris on the job site, whether by manual,
mechanical, or the use of acetylene and oxygen burning equipment;
4830-9219-6841.1
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(f) any and all hazard protection work used to
protect Mason Tender employees, equipment, tools and materials and other
employees on the job site, and/or the public from any damage or injury, or threat
thereof, resulting from the performance of any of the work in this paragraph;
(g) all work involving the providing of temporary
heat of any kind for any purpose for the continuance of Mason Tenders to work on
the job on demolition work;
| (h) | all foul weather protection to permit the |
| continuance of work for Mason Tenders or other employees on the job site, to include the removal of ice and snow, when necessaiy on the job; |
|
| (i) | the cleaning and maintaining of all sidewalks, |
| bridges, and public access areas; and | |
| (j) | all work involving the erection, maintaining, |
and dismantling of all scaffolding used by Bricklayers, Masons, and Mason
Tenders, including the unloading and removal of all scaffolding material on and
off the job.
Section 4.. Other Work: Mason Tenders shall continue to perform all
work traditionally performed for Employers by members of former LIUNA Local 95 and
LIUNA Local 30.
SectionS. Future Awarded or Assigned Work: If any other work
is awarded or assigned to the Union by agreement, award or act of the Laborers
International Union of North America or the AFL-CIO, CAGNY and the Union will meet
to negotiate over including such work within the jurisdiction of this Agreement.
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ARTICLE V
HOURS OF WORK. OVERTIME AND HOLIDAYS
Section 1. Hours of Work:
(a) The Employer shall have the option to stagger start times
between 6:oo a.m. and 9:00 a.m. for the regular workday with the understanding
that such flexibility does not change the existing obligations or practices governing
the presence of a Shop Steward. Mason Tenders performing work related to the
provision of temporary heat on masonry work shall, at the option of the Employer,
commence work one hour before the commencement of the regular shift and shall
not perform any work other than work related to the provision of temporary heat,
for so long as temporary heat is provided. The Employer may change the start
time on a job, provided such new start time remains in effect for at least five days.
There shall be no staggered shifts.
| (b) (c) |
The regular workdayshall be 8 hours. Mason Tenders tending a hoist may be scheduled to start ten |
| minutes before the regular hour. The same consideration shall be allowed to these Mason Tenders at quitting time. Five minutes shall be allowed to Mason Tenders before1:00 p.m.for tempering of mortar left in the tubs during the noon hour. |
|
| (d) | When conditions beyond the control of the Employer, such |
as severe weather, widespread power failure, fire, natural disaster, etc., prevent
the operation of the job on one or more work days during the regular work week,
the Employer may schedule the Saturday of that calendar week during which work
was prevented, as a make-up day at straight time to the extent that the total hours
worked by an individual Mason Tender during the week of work do not exceed
forty hours. All hours worked in excess of eight hours in a day or in excess of forty
hours for the week shall be paid at the rate of time and a half. When a holiday
falls on a Saturday, then the make-up day rate shall be time and a half. In order to
utilize a day “terminated” for one of the reasons listed above, no later than 10:00
a.m. of the day that work “terminated” the Employer must notify the Union that
the work day has been “terminated”, and the Employer must further notify the
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Union of its desire to work a make-up day by noon of the Friday preceding the
make-up day. Mason Tenders employed by the Employer on the day so
“terminated” shall have the right to work on the make-up Saturday, but those
Mason Tenders shall also have the right to decline work on a make-up Saturday.
The number of employees working on a make-up Saturday shall not exceed the
number of employees working on the day that work “terminated.” If Mason
Tenders are needed to work a make-up Saturday, other than those already
working on the job, the Employer shall call the Union for Mason Tenders. A
make-up Saturday shall be a guaranteed eight-hour day. In the event work is
terminated for one of the reasons listed above on the make-up Saturday, the
employee shall be paid for an eight-hour day.
(e) When it is not possible to conduct alteration work during
regular working hours in a building occupied by tenants, the work shall proceed
on a straight time basis, except that work in excess of 8 hours in a 24 hour period
shall require the payment of overtime. In the event of such off-shift work, Mason
Tenders shall be employed for a minimum of 8 hours, and shall receive 1 extra
hour pay differential (including payment to the Fringe Benefit Funds) for all time
worked. Accordingly, a Mason Tender shall be paid 9 hours for 8 hours of
employment,10.5 hours for 9 hours of employment (8 hours at straight time, plus
1 hour at overtime, plus 1 hour differential pay), 12 hours for 10 hours of
employment, and so on. In the event of the existence of any such condition,
proper notice shall be given to the Union of the facts and circumstances requiring
the performance of the work outside of regular working hours.
Section 2« Overtime: The Employer may schedule additional shifts of
Mason Tenders to commence work after the regular hours of employment with written
notification to the Union. Mason Tenders working additional shifts shall receive nine
hours pay for eight hours work at the straight time wage rate. All hours worked in
excess of eight hours shall be paid at the rate of time and one half. All fringe benefit
contributions shall be paid on the first eight hours paid; fringe benefit contributions
shall thereafter be paid on the basis of hours worked. An Employer shall not work a
second shift unless there is a first shift of normal size and shall not work a third shift
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unless there are first and second shifts of normal size. The second shift shall not
commence before the first shift is concluded and the third shift shall not commence
before the second shift is concluded. A Shop Steward shall be appointed for all shifts
pursuant to Article VIII, Section 1.
Sectiona. Holidays: The following days shall be known as Holidays
on which there shall be no performance of any work: Sundays, New Year’s Day,
Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day. At the option of the Employer, these Holidays may be changed to the
following Holidays, on which there shall be no performance of any work: Sundays, New
Years’ Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Day after Thanksgiving and Christmas Day. The date that the
City of New York observes any of the above-referenced holidays shall be the contract
Holiday in the event it is different from the date on which the Holiday actually falls.
Section 4« Union Notification: No work shall be performed on
Sundays or Holidays unless notification is provided to the Union. Notification to the
Union shall be considered given by virtue of the employment of the Shop Steward on the
Sunday/Holiday at issue.
Section 5. Lunch Period: The period for lunch shall, as nearly as
possible, be uniform with that established with the other trades.
Section 6. Union Activity Leave: A Mason Tender who works a
minimum of 1200 hours in any calendar year shall be permitted in the successive
calendar year, at the request of the Union, to take one dayoff from work (i.e.,one day off
in total, not one day from work with each different Employer) to engage in union
activities.
ARTICLE VI
WAGES AND FRINGE BENEFITS
Section 1. Wages: The wages of Mason Tenders as of July 1, 2020
shall be $38.40 per hour during regular working hours. Effective January 1, 2021, the
total wage and benefit package shall be increased by $1.00 per hour.
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Subject to the Union’s right of allocation/reallocation as hereinafter
provided in this section, and effective July 1, 2021, wages and/or fringe benefit
contributions shall be no less than that agreed to in negotiations between the Union and
the Building Contractors Association; provided, however, that such changes or
adjustments may be further modified if the Agreement is reopened pursuant to Side
Letter #3.
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.
The rate for Foremen and for Assistant Foremen (Deputies) shall be
$38.00 per day and $27.00 per day, respectively, above the prescribed rate for Mason
Tenders.
Section 2. Overtime Rates: Except as specified in Article V, Section
1(d), all work performed outside of the regular eight (8) hour workday and on Saturdays
shall be paid for at the rate of time and one-half. All work performed during Sundays,
lunch hours, and on the holidays set forth in Article V, Section 3, or on the dates on
which such holidays are observed by the City of New York if different from the date on
which the Holiday actually falls, shall be paid for at the rate of double time.
Sectiona. Union Dues: Each Employer shall deduct two dollars and
one cents ($2.01) per hour, or such other amount as the Union may from time to time
designate in writing to the Employer, as dues from the wages of all Mason Tenders who
authorize such deduction in writing and then promptly pay over such sums to the Union
not later than the tenth day of the month after said deduction, which sum constitutes
part of each employees’ Union Dues, and shall remit the same to the Union. The
employee assignments authorizing the aforementioned Union Dues shall be in blanket
form and filed with the Union. The Union shall indemnify and hold harmless the
Employer from any and all claims and/or actions arising out of such deduction
providing that the dues shall have been paid over to the Union.
Section 4. Welfare Fund: Effective July 1, 2020, and subject to the
Union’s right to allocate/reallocate future increases as provided in Section 1 of this
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Article, the Employer shall pay monthly to the Trustees of the Mason Tenders District
Council Welfare Fund $12.75 per hour for all hours worked by Mason Tenders, Mason
Tender Foremen and Mason Tender Assistant Foremen, for the purpose of providing
benefits for death, accident, health, medical and surgical care, hospitalization and other
such forms of group benefits for Mason Tenders, their spouses, and their eligible
children, as the Trustees may, in their sole and absolute discretion, determine and, in
addition, out of said monies the Trustees of the Welfare Fund shall provide coverage to
conform with the New York State Disability Insurance Law for all Mason Tenders for the
period of this Trade Agreement, the cost of which shall be borne by such Welfare Fund.
No contributions shall be required on the premium portion of wages.
Welfare coverage shall also be provided for all eligible employees of the
Mason Tenders’ District Council, its constituent Local Unions and the Mason Tenders’
District Council Fringe Benefit Funds provided contributions are made to the Fund on
their behalves in the same amounts as are paid by other Employers.
Section 5. Pension Fund: Effective July 1, 2020, and subject to the
Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders’ District
Council Pension Fund $7.35 per hour for all hours worked by Mason Tenders, Mason
Tender Foreman and Mason Tender Assistant Foremen. Contributions to the Pension
Fund shall be utilized for the purpose of providing Pension and other Benefits for the
eligible Mason Tenders as the Trustees may, in their sole and absolute discretion,
determine. No contributions shall be required on the premium portion of wages.
Pension coverage shall also be provided for all eligible employees of the
Mason Tenders’ District Council, its constituent Local Unions and the Mason Tenders
District Council Fringe Benefit Funds provided contributions are made to the Fund on
their behalves in the same amounts as are paid by other Employers.
Section 6» Annuity Fund: Effective July 1, 2020, and subject to the
Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders’ District
Council Annuity Fund $8.00 per hour for all hours worked by Mason Tenders, Mason
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Tender Foremen and Mason Tender Assistant Foremen. Contributions to the Annuity
Fund shall be utilized for the purpose of providing annuity and other benefits to eligible
Mason Tenders as the Trustee may, in their sole and absolute discretion, determine. No
contributions shall be required on the premium portion of wages.
Annuity Fund coverage shall also be provided for all eligible employees of
the Mason Tenders’ District Council, its constituent Local Unions and the Mason
Tenders’ District Council Fringe Benefit Funds provided contributions are made to the
Fund on their behalves in the same amounts as are paid by other Employers.
Section 7. Training Program: Effective July 1, 2020, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the Trustees of the Mason Tenders Training
Program Fund $0.25 per hour for all hours worked by Mason Tenders, Mason Tender
Foremen and Mason Tender Assistant Foremen. Contributions to the Training Program
shall be used for the purpose of providing education and training in general
construction skills, medical awareness courses, the handling of asbestos and hazardous
waste and materials, New York City Fire Department Certificate of Fitness courses, and
such other purposes as may be contained in the Fund Plan. No contributions shall be
required on the premium portion of wages.
Section 8. State LECET Fund: Effective July 1, 2020, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the authorized agent of the New York State
Laborers-Employers Cooperation and Education Trust Fund $0.10 per hour for all
hours worked by Mason Tenders, Mason Tender Foremen and Mason Tender Assistant
Foremen. No contributions shall be required on the premium portion of wages.
Section q. NYS Health and Safety Fund: Effective July 1, 2020,
and subject to the Union’s right to allocate/reallocate future increases as provided in
Section 1 of this Article, the Employer shall pay monthly to the authorized agent of the
New York State Health and Safety Trust Fund $0.05 per hour for all hours worked by
Mason Tenders, Mason Tender Foremen and Assistant Foremen. No contributions shall
be required on the premium portion of wages.
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Section io. GNY LECET Fund: Effective July 1, 2020, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1 of this
Article, the Employer shall pay monthly to the authorized agent of the Greater New York
Laborers-Employers Cooperation and Education Trust Fund (GNY LECET) $0.29 per
hour for all hours worked by Mason Tenders, Mason Tender Foremen and Mason
Tender Assistant Foremen. No contributions shall be required on the premium portion
of wages.
Section 11. Vacation Account: Effective July 1, 2020, and subject to
the Union’s right to allocate/reallocate future increases as provided in Section 1of this
Article, the Employer shall pay monthly to the authorized agent of the Vacation Account
of the Mason Tenders Welfare Fund (Vacation Account) $2.25 per hour for all hours
worked by Mason Tenders, Mason Tender Foremen and Mason Tender Assistant
Foremen. No contributions shall be required on the premium portion of wages.
Section 12. MTDC PAC Fund: Each Employer agrees to deduct and
transmit to the MTDC Political Action Committee $0.20, or such other amount as the
Union may from time to time designate in writing, for each hour worked from the wages
of those employees who have voluntarily authorized such contributions on the forms
provided for that purpose by the Union. These transmittals shall be accompanied by a
list of the names of those employees for whom such deductions have been made, and the
amount deducted for each such employee.
Section 13. CAGNY IAF: All Employers who are members of CAGNY
shall contribute one and three quarters percent (1.75%) of the total amount paid per
hour in wages and fringe benefits to Mason Tenders under this Agreement for each hour
of employment of each Mason Tender so employed to the Contractors’ Association of
Greater New York, Inc. Industry Advancement Fund, 950 Third Avenue, 15th Floor, New
York, NY10022.
Section 14. CIPAdvancement Fund: The parties agree that upon the
commencement of a Construction Industry Partnership Advancement Fund, and upon
their agreement that it is supported by a critical mass of employer associations and local
unions (whenever that occurs), a contribution shall be made in the amount of $.02 per
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working hour as follows: $.01 per working hour shall be contributed by the CAGNY
Industiy Advancement Fund, and $.01 per working hour shall be allocated by the Union
from wages and/or fringe benefits. Either party may decline to make the contribution,
at its discretion.
Section is. Fringe Benefit Administration: All Fringe Benefit
Funds provided for by the Agreement shall be jointly administered by Trustees
designated equally between employers and the Mason Tenders District Council, in
accordance with applicable law.
Section 16. Surety Bond:
(a) Each Employer who joins CAGNY as a new member on or
after July 1, 2005 shall post and maintain a bond to ensure payment of
contributions to the Fringe Benefit Funds as set forth in this Article of the
Agreement and remittance of dues checkoffs to the Union and MTDC PAC
contributions to the MTDC PAC. The minimum amount of such bond shall be as
follows:
| Number of Mason Tender Hours 0 to1,999 hours 2,000 to 4,999 hours 5,000 to 9,999 hours 10,000 to19,999 hours 20,000 hours or more |
Minimum Bond $ 6,000.00 $15,000.00 $30,000.00 $40,000.00 $50,000.00 |
(b) In the event a deficiency should be determined by an audit of
the Employer’s books and records, the Union in its sole and absolute discretion
may require the Employer to post and maintain a bond in the amount of twice the
audited deficiency within 60 days of receiving notice from the Union of the
requirement to post and maintain such a bond.
(c) In the event the Trustees receive payment on a bond under
this Section 14 and said payment is insufficient to satisfy the entire deficiency in
the payment of contributions to the Fringe Benefit Funds and in remittance of
dues checkoffs and MTDC PAC contributions to the Union, then the Trustees shall
make a pro rata payment to each of the Fringe Benefit Funds and to the Union in
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an amount equivalent to the percentage of the total deficiency received by the
Trustees through forfeiture of the bond.
Section 17. Payment of Wages:
(a) The Employer shall make payment of all wages due in lawful
currency, except those Employers making payment by check as per Section 16 of
this Article. Payments shall be made in sealed envelopes and plainly marked,
showing Employer’s name and address (printed or stamped), Mason Tender’s
name, hours worked, amount earned, and deductions required by law, and the net
amount due.
(b) Wages shall be due and payable during working hours on
Thursday or Friday for work done up to the preceding Tuesday. The day selected
as the first payday on any job shall be the designated pay date until the completion
of the job. Should Thursday or Friday be a bank holiday, wages shall be due and
payable not later than Thursday, for work done up to quitting time the preceding
Monday. On jobs where the “Stagger System” is used the Employer shall give due
notice to those Mason Tenders affected as to the time the paymaster will be at the
job.
(c) Where Mason Tenders are not on the job for any reason for
which the Employer is not responsible when the Paymaster is paying the men,
they may be sent to the main office for their pay but without any allowance for the
time spent in going to and from the office; but where the men are not on the job
because of any reason for which the Employer is responsible, they will be allowed
one hour with pay in going to the office for their pay. Where Mason Tenders are
not paid on the specified payday during working hours, they shall be paid single
time for all waiting time at the rate of seven hours per day not to exceed fourteen
hours.
(d) When a Mason Tender is discharged, the Mason Tender must
be notified during working hours and must be paid at the job site no later than
noon on the business day following the discharge. A violation of this rule entitles
the Mason Tender to compensation at the rate provided in Section 1of this Article
4830-9219-6841.1
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for the working time that elapses between noon of the day after discharge and the
time of receiving his money, provided the claimant remains on the job or at the
office during all working hours until he is paid. It is understood, however, that no
waiting time claim in excess of fourteen hours will be considered, nor shall a
claimant remain on the job for a longer time. Employees must be given
termination notice of the State of New York Department of Labor, Division of
Placement and Unemployment Insurance, when discharged. If this notice cannot
be given to the employee on the job at the time of discharge, the Employer may
mail the notice to the employee on the next full business day and this shall be
deemed substantial compliance.
(e) All Mason Tenders discharged between the hours of 8 a.m.
and 12 o’clock noon shall be paid until 12 o’clock noon on the date of discharge.
All Mason Tenders discharged between the hours of i p.m. and 4 p.m. shall be
paid until 4 p.m. This does not apply to a layoff and does not apply to a Mason
Tender who is discharged on the day on which he is first employed. Nor does it
apply to Mason Tenders not on the job at starting time.
(f) Should work be stopped for any cause beyond the control of
either party to this Trade Agreement, no claim for lapsed time shall be made for
the time of the unavoidable cessation of work. If the Mason Tenders demand their
wages for the working time due, these wages shall be paid within four banking
hours after the demand is made upon the Employer.
(g) The Union may withdraw Mason Tenders from any job to
enforce payment of wages or of contributions to the Trust Funds set forth in this
Article of the Agreement. The Union may also withdraw Mason Tenders to
enforce the requirement of the Agreement that Union dues and/or MTDC PAC
contributions be deducted from the wages of Mason Tenders or to enforce
payment to the Union, of Union dues, and/or MTDC PAC contributions, already
deducted from the Wages of Mason Tenders.
(h) If Mason Tenders employed by the Employer are withdrawn
from any job to enforce payment of wages or of contributions to the Trust Funds
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set forth in this Article of the Agreement, or to enforce the requirement of the
Agreement that Union dues and/or MTDC PAC contributions be deducted from
the wages of Mason Tenders, or to enforce payment to the Union of Union dues
and/or MTDC PAC contributions, already deducted, the Mason Tenders who are
affected by such stoppage of work shall be paid for lost time not exceeding
fourteen hours provided that two days’ notice of the intention to remove Mason
Tenders from a job is given to the Employer by the Union by registered or certified
mail.
(i) The Employer agrees to and shall be bound by all terms and
conditions of the Trust Agreement creating the Trust Funds set forth in this
Article of the Agreement and by any rules, regulations or by-laws adopted by the
Trustees of the Funds to regulate said Funds, except to the extent any Funds’
document contradicts the terms of this Agreement.
(j) Payments by Employers to Trustees of the Trust Funds set
forth in this Article of the Agreement shall be accompanied by reports furnished
by the Trustees of the respective Funds, in such form and containing such data as
the Trustees may from time to time determine in their discretion to be necessary.
Section 18. Payment of Wages by Check: Notwithstanding anything
herein contained, the Employer shall have the right to make weekly payments of wages
by check provided:
| (a) (b) |
All legal requirements are complied with; Delivery of checks to Mason Tenders shall be at least one day |
| preceding a banking day; | |
| (c) | Checks must indicate hours worked and rate of pay in |
| accordance with the provisions of the Agreement; | |
| (d) | The check and the check stub shall bear the imprint and |
address of the signatory Employer; and
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(e) Checks must reflect the amounts deducted for dues check-off
and MTDC PAC contributions in accordance with the provisions of this
Agreement.
In the event that a salary check is returned by the bank on which drawn for
any reason whatsoever, then the Mason Tender affected thereby shall be entitled to two
days’extra pay for waiting time.
Section io. Employer Records:
(a) The books and records of the Employer shall be made
available at all reasonable times for inspection and audit by the accountants or
other representatives of the Trust Funds set forth in this Article of the Agreement,
including, without limitation, all payroll sheets, W-2 forms, New York State
Employment Reports, Insurance Company Reports and supporting checks,
ledgers, general ledger, cash disbursement ledger, vouchers, 1099 forms, evidence
of unemployment insurance contributions, payroll tax deductions, disability
insurance premiums, certification of workers compensation coverage, and any
other items concerning payroll(s). In addition, the aforementioned books and
records of any affiliate, subsidiary, alter ego, joint venture, successor or related
company of the Employer shall also be made available at all reasonable times for
inspection and audit by the accountants of the Trust Funds set forth in this Article
of the Agreement. The Employer shall retain, for a minimum period of six years,
payroll and related records necessary for the conduct of a proper audit in order
that a duly designated representative of the Trustees may make periodic review to
confirm that contributions owed pursuant to this Agreement are paid in full.
(b) In the event, after the Trustees have made a reasonable
request, the Employer fails to produce its books and records necessary for a
proper audit, the Trustees, in their sole discretion, may determine that the
Employer’s monthly hours subject to contributions for each month of the
requested audit period are the highest number of employee hours for any month
during the twelve months’ audited, or during the last twelve months for which
reports were filed, whichever monthly number of hours is greater. Such
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determination by the Trustees shall constitute presumptive evidence of
delinquency. Prior to making such determination, the Trustees shall mail a final
seven day written notice to the Employer advising him that such determination
shall be made if the Employer does not schedule a prompt audit. Nothing herein
shall mean that the Funds relinquish their right to commence legal proceedings to
compel an examination of the Employer’s books and records for audit.
(c) If after an audit of its books and records the Employer is
found to be substantially delinquent, as defined herein, in the payment of fringe
benefit contributions to the Trust Funds set forth in this Article of the Agreement,
the Employer shall bear the imputed cost of the audit as set forth below:
total audited deficiency X number of months audited = imputed cost of audit
150
Substantially delinquent is defined as any deficiency in the payment of fringe benefit
contributions to the Trust Funds set forth in this Article of the Agreement in excess of
10% of the fringe benefit contributions paid to the Trust Funds set forth in this Article of
the Agreement during the period that is the subject of the audit. In the event the Trust
Funds set forth in this Article of the Agreement bring an action to recover the imputed
costs of audit, the Employer shall be obligated to pay the reasonable costs and attorneys’
fees incurred in bringing said action.
(d) In the event the Employer fails to produce the books and
records necessary for an audit as set forth in subsection 18(a) of this Article of the
Agreement, the Employer agrees to pay a penalty of $400.00. In the event the
Trust Funds set forth in this Article of the Agreement bring an action to obtain an
audit of the Employer’s books and records, the Employer shall be obligated to pay
the reasonable costs and attorneys’fees incurred in bringing said action.
(e) If after an audit of its books and records the Employer is
found to be delinquent in the payment of fringe benefit contributions to the Trust
Funds set forth in this Article of the Agreement then the Employer shall pay, in
addition to the delinquent fringe benefit contributions, interest on the unpaid
amounts from the date due until the date of payment at the rate prescribed under
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section 6621 of Title 26 of the United States Code. In the event the Trust Funds
set forth in this Article of the Agreement bring an action to recover the interest on
delinquent fringe benefit contributions, the Employer shall be obligated to pay the
reasonable costs and attorneys’fees incurred in bringing said action.
(f) In the event that formal proceedings are instituted before a
court of competent jurisdiction by the Trustees of the Trust Funds set forth in this
Article of the Agreement to collect delinquent contributions to such Fund, and if
such court renders a judgment in favor of such Fund, the Employer shall pay to
such Fund, in accordance with the judgment of the court, and in lieu of any other
liquidated damages, costs, attorney’s fees and/or interest, the following:
| (A) (B) |
the unpaid contributions. interest on unpaid contributions determined by using the rate prescribed under section 6621 of Title 26 of the United States Code. interest on the unpaid contributions as and for liquidated damages. reasonable attorneys’fees and costs of the action. such other legal or equitable relief as the court deems appropriate. |
| (C) | |
| (D) (E) |
(g) The Employer hereby agrees that in the event any payment
to the Union or to the Trust Funds set forth in this Article of the Agreement by
check or other negotiable instrument results in the check or negotiable instrument
being returned without payment after being duly presented, the Employer shall be
liable for additional damages in the amount of $250.00 to cover such additional
costs, charge and expenses. Nothing herein is intended, nor shall be interpreted,
to mean that the Trust Funds set forth in this Article of the Agreement or Union
waive any other liquidated damages.
Section 20. Travel Reimbursement: When a Mason Tender is sent to
work by the Employer to a job outside the region where the fare to and from the job by
the customary means of travel exceeds $3.00 per day, the Employer shall pay the excess
as an addition to the contract wage.
Section 21. Show-Up Pay: If the Employer requests Mason Tenders to
report on any day and such Mason Tenders report for work on that day on starting time,
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but are not put to work, such Mason Tenders shall be entitled to two hours’ pay.
However, this payment shall not be made if it is impossible to put such Mason Tenders
to work because of weather, lack of materials, or other job conditions beyond the
Employer’s control.
ARTICLE VII
WORK CONDITIONS
Section 1. Tool House: The Employer shall provide for the exclusive
use of the Mason Tenders on each job on which they are doing work, a suitable tool
house three square feet minimum per employee in size, properly secured, heated and lit.
The Employer who complies with the requirements of this Section is only responsible,
upon submission of proper proof of loss, for loss of clothing due to the burning or
forcible entry of the tool house. Such liabilityshall be limited to a sum not to exceed per
man:
$200.00 for an overcoat;
$150.00 for clothing, including overalls;
and $100.00 for shoes.
Where the Employer requires Mason Tenders to wear clothing on the job site identifying
the Employer, such clothing shall also identify the Union by appropriate insignias or
other suitable markings.
Section 2. Inclement Weather Clothing: If Mason Tenders are
required to work in inclement weather, foul weather clothing, to include boots,
raincoats, and rain hats, shall befurnished without charge to all Mason Tenders.
Sectiona. Tools: The Employer shall supply all tools on the job
required by performing the work covered by this Agreement. It is agreed that the size of
square point shovels shall be Size No. 2 when obtainable but in any case the weight of
the shovel shall not exceed five and one-half (5 V2) pounds.
Sectiona. Gratuities and Pay Advances: Neither CAGNY,
Employers, Mason Tenders nor the agents of any of them shall accept or give directly or
indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or
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extend any favor to any person for the purpose of effecting any change in rate of wages.
The Employers or their representatives shall not be permitted to give any advance in
wages to Mason Tenders, nor shall they be permitted to lend money to Mason Tenders.
Sections. Elevator Maintenance And Weight Restrictions:
(a) In buildings thirteen stories in height or over, an elevator
shall be provided to carry Mason Tenders to and from their work during regular
hours of employment after the brickwork has reached the twelfth floor.
Consideration shall be given to Mason Tenders working on higher stories if
elevator service is not maintained, and a reasonable time shall be allowed to and
from work.
(b) In order to establish a maximum weight of material and the
barrow to be handled by one laborer, it is agreed that the maximum number of
bricks to be placed in or upon a wheelbarrow shall be sixty. In the case of other
materials or building units, it is agreed that the combined weights of the materials
and the barrow shall not exceed three hundred pounds. In arriving at weights of
various materials, it is agreed that a brick weighs from 4 to 4-1/2 pounds; 1bag of
Portland cement, 94 pounds; 1 bag of hydrated lime, 50 pounds. The weight of
hollow tile and other building units shall be the same as set forth by the
manufacturers of these products. Where the weight of palletized materials is 1500
pounds or more it shall be handled by a minimum of two Mason Tenders when
moved by jacks. The height of palletized materials shall not exceed 5 feet, 6 inches
in height.
(c) Any 12-inch cement block raised over 5feet shall be handled
by two Mason Tenders.
Section 6. Federal, State and Local Law Compliance: No
provision of this Agreement shall supersede any Municipal, State or Federal law which
imposes more stringent requirements as to wages, hours of work, or as to safety,
sanitary or general working conditions than are imposed by this Agreement.
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4830-9219-6841.1
ARTICLE VIH
UNION REPRESENTATIVES
Section 1. Shop Stewards:
(a) Where Mason Tenders are employed on a job, the Local
Union shall designate a Shop Steward who shall be the second Mason Tender on
the job. The Shop Steward shall monitor the Employer’s compliance with the
terms and conditions of this Agreement. The Employer may request a Shop
Steward, who shall regularly be appointed provided he or she satisfies the
standard criteria adhered to by the Union regarding Shop Steward appointments
and is otherwise available for referral, with the Union Business Manager
ultimately maintaining discretion regarding the appointment. In the event the
Shop Steward becomes aware of non-compliance with this Agreement by the
Employer, the Shop Steward shall so inform the Local Union that appointed the
Shop Steward. The Shop Steward shall retain possession of the key to the tool
house and see to it that it is open in ample time at starting time and securely
locked at quitting time. The Shop Steward shall perform these duties as shop
steward with the least possible inconvenience to the Employer. The Shop Steward
is to work as a Mason Tender and not use the position as Shop Steward to avoid
performance of the Shop Steward’s duties as a Mason Tender. On overtime work
the Shop Steward shall always be the second Mason Tender offered employment
for overtime work. If the Shop Steward is rejected or discharged, the rejection or
discharge shall be grieved commencing with Step 2 of the grievance procedure set
forth in Article X of this Agreement, and if any time has been lost, the Shop
Steward shall be paid for all lost time up to thirty days only. The Shop Steward is
to work up to the completion of the job and shall be the second-to-last Mason
Tender to be discharged. Where more than one Employer does Mason Tenders
work on a job site, each Employer shall employ Mason Tenders exclusively to
perform the work and each Employer shall employ Mason Tender Shop Stewards.
The Union shall have the right to remove and replace anyShop Steward.
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4830-9219-6841.1
(b) Notwithstanding the otherwise applicable requirement that a
Shop Steward not be moved from job to job, an Employer may employ a Shop
Steward appointed by the Union on multiple jobs in the same day (not to exceed
three) to perform miscellaneous work related to the pulling of containers,
provided: i) there shall be at most one other Mason Tender employed on any jobs
to which the Shop Steward is assigned, and ii) when providing notice of the jobs
under Article III, Section 2, the Employer must advise the Union of its intent to
utilize this provision and identify all jobs on which the Shop Steward will work.
The Shop Steward may complete the day at the last such job to which he is
assigned performing other Mason Tender work. Travel time shall be considered
time worked, the Employer shall pay for all reasonable expenses incurred by the
Shop Steward in such travel, and the Shop Steward shall be employed for a
minimum of eight hours for the day. The Union retains the right to replace the
Shop Steward.
(c) The term “Shop Steward” as used in this Agreement shall
mean those Mason Tenders who have been trained and hold a current certification
by the Union to serve as shop stewards.
Section 2. Business Agents: The Business Agent, Business Manager
or other designated representative of the Union shall have the right to visit and go upon
the Employer’s jobs during working hours and said person shall not be interfered with
while making such visits.
Section a. Foremen: The Employer may select individuals to serve as
a Mason Tender Foreman and Mason Tender Assistant Foreman. The Employer shall
select whomever the Employer chooses for the positions of Mason Tender Foreman and
Mason Tender Assistant Foreman without regard to the provisions of Article III, Section
2 of this Agreement. The Mason Tender Foreman may be the first Mason Tender hired
by the Employer. A Mason Tender Foreman shall be required on all jobs where eight or
more Mason Tenders are employed per shift. Such foreman shall be representative of
the Employer and shall be in direct charge of the Mason Tenders on the job, but shall
not perform the work of a Mason Tender. All Mason Tender Foremen shall be paid a
weekly salary which shall not be less than $38.00 per day above the prescribed rate for
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4830-9219-6841.1
Mason Tenders in this Agreement. Mason Tender Assistant Foremen shall he paid a
weekly salary which shall not he less than $27.00 per day above the prescribed rate for
Mason Tenders in this Agreement. The Mason Tender Foreman shall take his orders
from the Employer’s supervisor on the job.
ARTICLE IX
NO STRIKES/NO LOCKOUTS
Section 1. The Employer guarantees that there will be no lockouts for
any reason during the term of this Agreement and the Union guarantees that there will
be no strikes during the term of this Agreement except:
(a) Where the Employer, at any job site, contracts or
subcontracts work covered by this Agreement to any other person, firm,
partnership, corporation or joint venture that is not bound by an Agreement with
the Union; or
(b) When the Union concludes that the Mason Tenders on any
job have not been paid, are being paid less than the rate of wages prescribed in
this Agreement, or the Employer is in arrears on fringe benefit contributions
payable to the Trust Funds set forth in Article VI of the Agreement or in the
remittance of dues checkoffs to the Union, and/or MTDC PAC contributions to the
MTDC PAC, as prescribed in this Agreement or in any modification of this
Agreement, as hereinafter provided, provided that forty eight hours’written notice
is delivered to CAGNY and the Employer at the last provided address for such
entities.
Section 2. It shall not be a violation of this Agreement or cause for
discharge or disciplinary action for an employee to refuse to enter upon any job site
involved in a primary labor dispute, or refuse to cross or work behind a lawful primary
picket line established by any union.
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4830-9219-6841.1
ARTICLE X
DISPUTE RESOLUTION PROCEDURE
Section 1. Except as herein otherwise provided in Section 3 of this
Article and in Article IX of this Agreement, and except claims, disputes and demands
arising out of the Employer’s wage or fringe benefit contribution obligations set forth in
Article VI of this Agreement or disputes concerning the termination, extension or
modification of this Agreement as set forth in Article XIII of this Agreement, all
complaints, disputes or grievances arising between the parties hereto involving
questions of interpretation or application of any clause of this Agreement, or any acts,
conduct or relations between the parties or their respective members or employees,
directly or indirectly shall be resolved in accordance with the procedure set forth in the
balance of this Article.
Section 2. Thesteps listed belowshall be followed in sequential order:
Step 1: In all grievances involving questions of interpretation or
application of any clause of this Agreement, the Employer agrees to endeavor to meet
with the Union Business Manager or his designee within 48 hours after the Union’s
provision of notice to the Employer that a grievance has arisen, and the parties shall use
all good faith efforts to resolve the grievance within 48 hours after meeting. If the
grievance cannot be resolved at such meeting, it shall be submitted to Step 2 of the
grievance procedure within 10 business days after the meeting described herein.
Step 2: Upon receipt of notification that the grievance cannot be
settled in the manner prescribed in Step 1, the complaint, dispute or grievance shall be
submitted in writing by the party hereto claiming to be aggrieved to the other party
hereto and the Joint Arbitration Board which will consist of three representatives
designated by the Union and three representatives designated by CAGNY. The Joint
Arbitration Board shall in the first instance investigate such complaints, grievances or
disputes and attempt adjustment. Decisions determining such complaints, disputes and
grievances shall be arrived at within fifteen calendar days after the submission in
writing in the manner above referred to of such complaint, dispute or grievance, unless
such time is extended in writing by the Joint Arbitration Board. Each party will be
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4830-9219-6841.1
permitted a single extension of time by the joint arbitration board of no more than seven
(7) calendar days, for good cause shown. Should an Employer fail to appear at a duly
scheduled joint arbitration board hearing, or to participate in any manner in the
processing and determination of a grievance in this Step, the Board shall deem the
grievance to be granted in all respects. Decisions rendered by a majority of the Joint
Arbitration Board shall be binding on the parties hereto.
Steps: If a complaint, dispute or grievance shall not have been
settled through the foregoing procedure, then either party may within fifteen business
days give the other party notice of its desire to submit the complaint, dispute or
grievance to Arbitration. Richard Adelman, Roger Maher and James Manning shall
serve as arbitrators in successive disputes which the parties have been unable to resolve
in Steps 1 or 2, and shall serve in the order they herein appear. The arbitrators will be
chosen in rotating order to hear such disputes and shall make dates available promptly
to conduct such hearings. The Arbitrator will follow and be bound by the rules of
procedure adopted by the American Arbitration Association.
The Arbitrator shall fix a time and a place in New York, New York for a
hearing upon reasonable notice to each party. After such hearing the Arbitrator shall
promptly render a decision which shall be binding upon both parties but the Arbitrator
shall have no power to render a decision which adds to, subtracts from or modifies this
Agreement; the decision shall be confined to the meaning of the contract provision
which gave rise to the dispute. The Arbitrator cannot order pay for time not worked
except in cases of unwarranted suspensions or discharge. The parties to the Arbitration
shall bear equally the expenses of the Arbitrator and the rental, if any, of the place of
arbitration, as well as the fees of translator services, if deemed necessary by either party.
All other expenses attendant to arbitration will be borne by the party incurring them,
including the expenses of any witnesses called bysuch party.
Sectiona. Grievances over alleged mis-assignments of work shall be
immediately referred to arbitration.
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4830-9219-6841.1
ARTICLE XI
JOINTADVISORY COMMITTEE
Section 1. The Association and the Union shall establish a Joint
Advisory Committee (the “Committee”) composed of an equal number of Association
and Union members to address issues of mutual concern that arise during the term of
the Agreement, including but not limited to workplace health and safety, industry
concerns, proposed project labor agreements and the Union’s jurisdictional rights with
respect to new technology.
The Committee shall discuss issues raised by either Association or Union
representatives and make recommendations, where appropriate. The Committee shall
have only an advisory function and shall not have the authority to amend this
Agreement.
The Committee shall establish appropriate procedures for its deliberations
and shall schedule meeting dates as needed, although it is expected that the Committee
shall meet no less than once each quarter.
ARTICLE XII
DRUG AND ALCOHOL TESTING
The Side Letter attached hereto as Schedule C shall constitute the Drug
and Alcohol Policy negotiated by and between the parties.
ARTICLE XIII
EARNED SICK TIME LEAVE ACT 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 Agreement, as well any state or federal sick time requirement
permitting a waiver including NYS Labor Law Section 196-b, are expressly waived by the
parties to this collective bargaining agreement because comparable benefits are already
provided in this Agreement. Additionally, should any other municipality, county or
4830-9219-6841.1
-36-
other governmental agency adopt a law or regulation providing for paid sick time for
employees covered by this Agreement, 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.
ARTICLE XIV
MISCELLANEOUS
Section 1. Severability: It is further agreed by and between the
parties hereto that if any Federal or State court shall at any time decide that any clause
or clauses of this Agreement is or are void or illegal, such decisions shall not invalidate
the other portions of this Agreement, but such clause or clauses shall be stricken out and
the remaining portion of this Agreement shall be considered binding between the
parties hereto.
Any provisions of this Agreement hereinabove mentioned which provide
for Union security or employment in a manner and to the extent prohibited by any law
or the determination of any Governmental Board or Agency, shall be and hereby are of
no force or effect during the term of any such prohibition. It is understood and agreed,
however, that if any of the provisions of this Agreement which are hereby declared to be
of no force or effect because of restrictions imposed by law is or are determined either
by Act of Congress or other legislative enactment or by a decision of the Court of highest
recourse to be legal or permissible, then any such provision of this Agreement shall
immediately become and remain effective during the remainder of the term of this
Agreement. The Union reserves the right to renegotiate any of the provisions of this
Agreement which may be of no force or effect.
Section 2. CAGNY Membership: CAGNY agrees that within forty¬
eight (48) hours after the execution of this Agreement, it will submit to the Union a
schedule setting forth in full each member of CAGNY, giving the name and address.
When the member of CAGNY is doing business under a trade name, the name of the
principal shall also be given. CAGNY further agrees that it will immediately notify the
Union in writing of any change in its membership, setting forth the names and
“37“
4830-9219-6841.1
addresses of any new members of CAGNY, and setting forth the names and addresses of
those members which may have dropped out or been suspended from CAGNY.
The Employer whether as a partner, controlling officer, controlling
director, controlling stockholder or controlling employee agrees to remain bound by the
terms and conditions of this Agreement although doing business as a partner or
controlling officer, controlling director, controlling stockholder or controlling employee
of another corporation or asa joint venturer.
Section a. Employer Obligations: If the Employer covered by this
Agreement, or owners or principals that have a controlling interest in the Employer,
forms or acquires by purchase, merger or otherwise, a controlling interest, whether by
ownership, stock, equitable or managerial, in a firm, partnership, corporation or joint
venture employing Mason Tenders to perform bargaining unit work as defined in Article
IV of this Agreement, said firm, partnership, corporation or joint venture shall be bound
by and considered signatory to this Agreement and the Employer shall assume the
obligation of such firm, partnership, corporation or joint venture under this Agreement
and such firm, partnership, corporation or joint venture shall assume the obligations of
the Employer under this Agreement.
Section 4. Practicable Applications: CAGNY and the Union agree
that their efforts will be employed in the public interest to increase production and
reduce costs by maintaining maximum output, and to use all machinery, tools,
appliances, or methods which may be practical.
Sections. Termination of Agreement: The Union shall have the
option to terminate this Agreement with the Contractors’ Association of Greater New
York, Inc. should CAGNY merge, join, consolidate or combine with any other employer,
group, organization or association.
Section 6. Most Favored Nations: If the Union enters into any
Agreement with an independent employer (“Independent Employer”) performing work
set forth in Article IV which provides morefavorable terms or conditions of employment
to such independent employer when performing work set forth in Article IV than are
provided for in this Agreement, any Employer may secure these more favorable terms
4830-9219-6841.1
-38-
and conditions for its employees who are performing the kind of work performed by the
Independent Employer by notifying the Union in writing that it will implement the more
favorable terms on a certain date and by identifying the particular project or projects
where it will implement the more favorable terms and conditions; provided, however,
the Union may require, by written notice to the Employer, that some or all of other
terms and conditions of employment in its agreement with the Independent Employer
that are related to the morefavorable terms and conditions shall also be implemented.
Section 7. Construction Manager: On a project where the Employer
is overseeing construction for an Owner or Developer and is not responsible for the
selection of subcontractors working on the project, it shall notify the Union as early as
practicable of such status.
Section 8. Enforceability: This Agreement shall be binding on the
parties, regardless of any change of name by the Mason Tenders District Council of
Greater New York or changes in the composition of its constituent local unions. This
Agreement shall be enforceable by CAGNY, the Mason Tenders District Council of
Greater New York, its successor, the Trust Funds set forth in Article VI of the
Agreement, and any constituent local so authorized by the Mason Tenders District
Council of Greater New York or its successor.
Section Q. Scan In/Scan Out: Where required by an owner or
developer for security/safety purposes, the Employer may, on at least three days
advanced written notice to the Union, require that Mason Tenders abide by reasonable
administrative procedures for accessing the job, such as scanning in and scanning out,
which procedures must be generally applicable to and uniformly applied at the site.
Section 10. Headings: All paragraph and section headings in this
Agreement are for convenience only; they form no part of this Agreement and shall not
affect its interpretation.
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4830-9219-6841.1
ARTICLE XV
DURATION
Section 1. This Agreement shall become effective and binding upon the
parties hereto on the 1st day of July, 2020 and remain in effect through June 30, 2023,
and shall renewfrom year to year thereafter unless either party hereto shall give written
notice (“Written Notice”) to the other of its desire to modify, amend, or terminate this
Agreement on its expiration date, subject to the provisions of Side Letter #3, appended
hereto. Written Notice must be given in writing by certified mail, postage prepaid, sixty
days, but not more than ninety days, before the expiration date of this Agreement. In
the event one of the parties to this Agreement gives Written Notice of its desire to
modify or amend this Agreement pursuant to this Article, the conditions established by
this Agreement shall continue in effect during negotiations for a new Agreement.
Each Employer member of CAGNY and each Employer becoming a
member of CAGNY subsequent to the effective date of this Agreement agrees to comply
with and to be bound by all of the provisions of this Agreement, including, but not
limited to, wage, fringe benefit contributions, dues and political action deduction
obligations, for the entire term of this Agreement (subject to the provisions of Section 2
of this Article).
Section 2. Employer Membership Withdrawal: In such cases of
an Employer’s withdrawal, resignation, suspension or termination from membership in
CAGNY, such Employer agrees, during the terms of this Agreement, to be bound by the
terms of the collective bargaining agreement between the Union and independent
contractors (referred to hereinafter as the “Independent Agreement”), which shall
supersede any conflicting or lesser provisions. Copies of the Independent Agreement
shall be furnished by the Union to the Employer signatory to this Agreement upon
request.
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4830-9219-6841.1
CONTRACTORS’ ASSOCIATION
OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor
New York, New York 10022
(?1/bU^A
^CHARLES F. MURPHY ‘
CHAIRMAN
Dated: / 2-/ 2-0 Z>(
MASON TENDERS’ DISTRICT
COUNCIL OF GREATER NEW YORK
520 Eighth Ave., Ste 650
New York, New York 10018
4830-9219-6841.1
-41-
ISCAGNY
Vision • Ethics • Value
Cauldwell Wingate Company, LLC • Lend Lease (US) Construction LMB Inc.
Plaza Construction Corporation •Turner Construction Company
Richard Wood
Chairman
Susan L Hayes
President
Pat A. Di Filippo
Vice President
Ralph J. Esposito
First Vice President
Don DeNardo
Second Vice President
Peter J. Davoren
Secretary
Charles D. Avolio
Treasurer
Raymond G. McGuire
Managing Director
Dawn M. Zanichelli
Assistant Managing
Director
KauFf McGuire &
Margolis UP
General Counsel
John A. Cavanagh
(1935-2012)
Chairman Emeritus
July 1, 2014
SCHEDULE C SIDELETTER
Mr. Robert Bonanza
Business Manager
Mason Tenders District Council
520 Eighth Avenue, Suite 650
New York, NY 10018
Re: CAGNY/MTDC
2014 Collective Bargaining Agreement
Drug and Alcohol Policy Sideletter
KM&M File No. 00800-8663
Dear Bob:
The Contractors’ Association of Greater New York, Inc.
(“CAGNY”) and the Mason Tenders District Council (“MTDC”) recently
concluded negotiations for a new collective bargaining agreement that will be
in effect from July 1, 2014 up to and including June 30, 2017. The parties
agree that this Sideletter, outlining the mutually agreed upon language for a
Drug and Alcohol Policy, shall be attached to the CBA as Schedule C and
incorporated by reference therein.
The following Drug and Alcohol Policy shall apply on any job
site (a “Job Site”) so designated by the Employer, provided the Union is given
a minimum of seven calendar days’ advance notice, and the policy is applied
to all employees of the Employer employed on the Job Site (i.e. not just
MTDC laborers):
1. The only drug and alcohol testing to be conducted will be:
a. Initial employment testing. All employees of the Employer
(whether such employees are selected by the Employer,
referred from a Union hiring hall, or appointed by the Union
as shop stewards) who the Employer anticipates
maintaining in employment at the Job Site for at least two
weeks shall be subject to a test within the first four weeks of
their initial employment on a Job Site;
4828-5036-8284.1
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
950 Third Avenue, 25th Floor, New York, New York 10022 Tel (212| 838-9025 Fox (212) 230-4980 www.cagnyonline.com
HCAGNY
vision • Ethics • value Mr. Robert Bonanza
July 1, 2014
Page 2
b. Testing following accidents which result in significant
property damage, injury (not including minor cuts, bruises,
and other minor injuries) or death; and
c. Testing based on reasonable suspicion.
2. All alcohol testing shall be by an Evidential Breath Testing
Device (“EBT”) and all drug testing shall be by urine sample to
detect Illegal and/or Controlled Drugs (Marijuana, Cocaine,
Opiates, PCP, and Amphetamines). In all cases relevant
thresholds for alcohol testing shall be those established under
Department of Transportation regulations and for drug testing,
those recommended by the U.S. Department of Health and
Human Services in their mandatory Guidelines for the Federal
Workplace Drug Testing Programs, as set forth in Exhibit A to
this letter Agreement. All tests shall be performed by qualified
personnel, during regular work hours, and shall be considered
time worked; and in the case of drug testing shall further be
conducted by a qualified third-party vendor.
3. The Employer will inform all prospective company-selected
MTDC laborers at the Job site who it intends to assign or offer
employment at the Job Site that drug testing will be conducted
at the Job Site. The Employer will not terminate or deprive any
such employees of other work as a result of his or her refusal to
accept such assignment unless the Employer: i) has reasonable
grounds to believe the rejection is due to the employee’s belief
that s/he will test positive for a prohibited substance; and ii)
has referred the employee to the Employer’s Employee
Assistance Program (“EAP”) — which shall provide the same
assistance to the employee that it would provide to a company
employee not represented by a union (at no cost to the
employee) — which referral or assistance the employee refused.
Any such employee who uses EAP services must present written
confirmation that s/he is fit to return to work prior to being
eligible for assignment to any other job sites of the Employer.
4828-5036-8284.1
Illllll Illllll CAGNY
vision • Ethics • value Mr. Robert Bonanza
July 1, 2014
Page 3
4. The Union will inform any prospective shop steward, or hiring
hall applicant who it intends to appoint/refer to the Job Site
that drug testing will be conducted.
5. Any MTDC laborer who has been referred to the Job Site in
accordance with this agreement and tests positive for alcohol or
Illegal and/or Controlled Drugs through a test conducted in
accordance with this Agreement, and the regular policies and
procedures maintained by the third-party vendor, shall be
prohibited from commencing, re-commencing, or continuing to
work at the Job Site.
6. The Union reserves and shall maintain the right to grieve
pursuant to the applicable collective bargaining agreement any
claim that drug testing at the Job Site has not been
implemented in accordance with this Agreement, including but
not limited to, grieving adverse action taken against any Unionrepresented worker that it believes is contrary to the terms of
this letter-agreement and/or the applicable CBA.
Veiy truly yours,
Raymond G. McGuire
If the above recitation of the agreement we reached conforms to
your understanding of it, please sign in the space indicated below.
AGREED TO ON BEHALF OF
MASON TENDERS DISTRICT COUNCIL
By:
Robert Bonanza, Business Manager
/
Date
4828-5036-8284.1
!.
Illllll CAGNY
>n • Ethics • value Mr. Robert Bonanza
July 1, 2014
Page 4
Exhibit A
The cut-off limits established are those recommended by the U.S.
Department of Health and Human Services in their mandatory Guidelines for
Federal Workplace Drug Testing Programs.
| Drug Class Amphetamines |
Screening Cut-Off Limit (ng/mi) 1000 |
Confirmation Cut-off Limit (ng/ml) 500 |
| Benzoylecgonine (Cocaine Metabolite) |
300 | 150 |
| Cannabinoids (THC) | 50 | 15 |
| *Opiates | 2000 | 10 |
| Phencyclidine (PCP) | 25 | 25 |
Confirmation screening is done by means of GC/MS analysis.
*The GC/MS confirmation for opiates will be for both codeine and morphine
separately. If morphine is equal to or greater than 2,ooong/ml then the
GC/MS confirmation analysis for 6-acetylmorphine (6-MAM) is at a cut-off
level of long/mi.
4828-5036-8284.1
HCAGNY
Vision • Ethics • Value
Cauldwell Wingate Company, LLC • Hunter Roberts Construction Group, LLC
Lendlease (US) Construction LMB Inc. • LHT Services, LLC • Pavarini McGovern
Plaza Construction LLC • Turner Construction Company
Charles F. Murphy
Chairman SIDE LETTER #1 to the 2020-2023 CBA
Christopher L Mills
President
Kevin M. Barrett
Vice President
Nicholas J. Grecco
First Vice President
Robert J. Palumbo
Second Vice President
Pat A Di Filippo
Secretary
Edward J.Lydon
Treasurer
Thomas D’Ercole
Director
James Fallon
Director
Chris Hargrove
Director
Eric McGovern
Director
James C. McKenna
Director
Steven Sommer
Director
Raymond G. McGuire
Managing Director
Dawn M. Zanichelli
Assistant Managing
Director
Aislinn S McGuire
Kauff McGuire &
Margolis LLP
General Counsel
John A, Cavanagh
(1935-2012)
Chairman Emeritus
July 1, 2020
VIA EMAIL AND US MAIL
Mr. Robert Bonanza
Business Manager
Mason Tenders District Council of Greater NY
520 Eighth Avenue
Suite 650
New York, NY 10018
Re: Residential and Hospitality Terms
Dear Bob:
The Mason Tenders District Council of Greater New York and Long Island (the
“Union” or the “MTDC”) and the Contractors’ Association of Greater New York, Inc.
(the “Association” or “CAGNY”) have recently concluded negotiations for a successor
collective bargaining agreement (the “Agreement”), including this and all side letters,
which serve as attachments to, and are part of, the Agreement. The terms set forth
below (the “Residential Terms”) are only applicable on “Residential Projects” as
defined herein. The terms of the Agreement separate and apart from this Side Letter
#1 shall be referred to as the “Standard Agreement.” The Standard Agreement
applies on Residential Projects except as set forth below.
1. Scope. A “Residential Project” shall be one with respect to which no
less than 70% of the habitable space, measured in square feet, is to be used either for
permanent or temporary residences, but excluding projects that require the payment
of prevailing wages under New York or federal law, or projects that qualify for 421-a
tax relief. On mixed-use projects that fall within this scope, the fit-out of space which
is not to be used as either permanent or temporary residences will be subject to the
Standard Agreement, unmodified by these Residential Terms.
2. Residential Rates and Staffing Sequences.
a) Except as set forth below regarding “Grandfathered Positions,”
effective September 1, 2017, there shall be three categories of Mason Tenders
on Residential Projects as listed below; initially and as the crew’s size
increases, Mason Tenders shall be added in the following, repeating order:
4840-3821-2329.1
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor, New York, New York 10022 Tel (212) 838-9025 Fax (212) 230-4980 www.cagnyonline.com
HCAGNY
Vision • Ethics • Value
Robert Bonanza
July 1, 2020
Page 2
SIDELETTER #1
1- Tier A Residential Joumeyworker
2- Tier B Residential Laborer
3- Tier B Residential Laborer
4- Apprentice.
(This standard four-person staffing-unit shall be referred to as a “Crew of
Four,” and shall repeat itself as the size of the crew increases except as set forth
paragraph 5 herein, e.g. the first through fourth Mason Tenders are added in
the above order, as are the fifth through eighth, etc.).
b) Effective July 1, 2020, the “Average Total Package” for a Crew of Four
shall be $4O.99/hour, increasing to $42.34/hour effective January 1, 2021,
and effective July 1, 2021 shall be no less than that agreed to in negotiations
between the Union and the Building Contractors Association. The Average
Total Package is calculated as the wages plus applicable fund contributions
payable under Schedule A for each of the three relevant categories of Mason
Tenders in a Crew of Four, weighting the Tier B Residential Laborer twice
(because there are two of them in a Crew of Four) and dividing the total by
four. The actual rate for a particular apprentice who is employed on a
Residential Project will be as set forth in the applicable Schedule A. The
parties have deemed $3i.36/hour to be the current weighted average cost of
an apprentice’s wage/benefit package based on the July 1, 2020 apprentice
rates and the relative number of apprentices typically participating in the
Local 79 Apprenticeship Program at each of the four applicable Apprentice
Tiers. Future changes to apprentice rates will be factored into the Average
Total Package for a Crew of Four; future changes to the relative number of
apprentices participating in the Local 79 Apprenticeship Program at each of
the four applicable Apprentice Tiers will not.
3. Shop Steward and other Referrals. The first Mason Tender on a
Residential Project shall be a shop steward appointed by the Union. Employers can request
the appointment of a particular Mason Tender, including a foreman, as a steward (who may
be a person previously employed by the Employer). The Mason Tender requested must
have satisfied the shop steward eligibility criteria generally followed by the Union for
qualified shop stewards. The Union will not unreasonably deny an Employer’s request. It
is understood that on small jobs, the shop steward is likely to also serve as the foreman.
Once the crew exceeds four, the Employer may assign the first Mason Tender to serve fulltime as the foreman, in which event the 5th Mason Tender (a Tier A Residential
Journeyworker) will be a shop steward appointed by the Union as provided in the Standard
Agreement. The Union may, at its discretion, refer a shop steward at the Residential B rate
as the second Mason Tender on the job; when there are 5 or more Mason Tenders, the shop
steward shall become a Tier A Residential Joumeyworker, and the fifth shall be a Tier B
4840-3821-2329.1
Hinn Illllll CAGNY
Vision • Ethics • Value
SIDELETTER #1
Robert Bonanza
July 1, 2020
Pages
Residential Laborer. The Union may revoke the shop steward status of any steward whom
it deems to have failed to properly perform the shop steward functions, in which event the
Union shall appoint a replacement shop steward as provided in the Standard Agreement.
All other Tier A Residential Journeyworkers and all Tier B Residential Laborers may be
“selected by the Employer” as set forth in Article III, Section 2 (a)) of the Standard
Agreement. Apprentices on Residential Projects shall be selected/referred pursuant to the
regularly applicable provisions of Article III, Section 2 (b)) of the Standard Agreement;
provided however that an Employer seeking to maintain a Residential Tier B Laborer in
employment may assign a Residential Tier B Laborer to a Residential Apprentice spot.
4. Short-term Ratio Exception. For a period occurring no more than two (2)
times per month and lasting no longer than two (2) consecutive work-days, an Employer
may, without strict adherence to the Crew of Four repeating sequence, meet a short-term
staffing need on a Residential Project by re-assigning Mason Tenders then-employed on
any of its other jobs; provided however, that no Mason Tender shall suffer a decrease in his
regularly applicable rate of pay and applicable fund contributions as a result of such short¬
term transfer and a Mason Tender may decline the additional work without repercussion.
5. Existing Jobs. On Residential Projects where Mason Tenders were
employed on either June 30, 2017 or September 1, 2017, the referral ratios and rates for
compensating Mason Tenders occupying “Grandfathered Positions” on such Projects shall
be in all respects subject to the terms of the Standard Agreement for the duration of the
Project (i.e. irrespective of whether the individual Mason Tender occupying any such
Grandfathered Position changes). The number of Grandfathered Positions on any job shall
be the size of the crew of Mason Tenders employed on the Project as of June 30, 2017 or
September 1, 2017, whichever is greater. On such Projects, the Crew of Four sequence to
which the Residential Terms apply shall commence with the first position on the job in
excess of the number of Grandfathered Positions, with the first Crew of Four sequence
added to the Project commencing with the first Tier B Residential Laborer.
6. CAGNY Members have asserted during negotiations that members of the Real
Estate Board of New York (“REBNY”), which provide substantial work to CAGNY Members
have expressed concern that moneys they pay to CAGNY Members to reimburse them for
the costs of General Conditions work are being used by a MTDC-sponsored fund – the
Greater New York Laborers-Employers Cooperation and Education Trust Fund (“LECET”)
– to criticize and oppose REBNY and its members in legislative and public settings. While
the MTDC disputes that LECET has unfairly criticized REBNY or its members, and also
disputes REBNY’s right to question its members’ expenditures of their own collectively
bargained monies, the MTDC agrees to cooperate with CAGNY in forming a committee to
explore ways of reconciling CAGNY Members’ need to maintain good relationships with
their clients who are REBNY members and the MTDC’s need to defend and advance its
interests, and those of the laborers it represents and its affiliated funds.
4840-3821-2329.1
HCAGNY
Vision * Ethics • Value
SIDELETTER #1
Robert Bonanza
July 1, 2020
Page 4
7. Subject to the provisions of Side Letter #2, the parties have agreed to modify
the Standard Agreement’s subcontracting provisions for masonry work on Residential
Projects as and to the extent set forth below:
a) The MTDC will attempt to persuade non-signatoiy masonry
contractors (“Non-Signatories”) to sign collective bargaining agreements with
at least the MTDC.
b) A CAGNY Member awarded a Residential Project shall attempt to
include MTDC signatory masonry contractors (“Signatories”) on its bid list for
any masonry work involved in a Residential Project, unless any of the
following “Constrained Bidding” circumstances apply: the owner/developer of
the Project directs the Employer to use a specific Non-Signatory masonry
contractor or to seek out bids from only Non-Signatory masonry contractors,
or permits only one bid so that the first bid submitted by the Employer is the
only bid it will be permitted to submit and the Project will be awarded based
on that bid.
c) Except where Constrained Bidding circumstances apply, after the bids
of the one or more masonry contractors are received and “leveled,” the
Employer managing the project shall give any Signatory Contractors
submitting a bid an opportunity to match the lowest bid submitted by a
qualified Non-Signatory which, unless its bid is matched, would be selected to
perform the masonry work on the Project.
d) In seeking the approval of the Target Committee, the Employer shall
indicate whether Constrained Bidding applied, or describe the efforts it made
to afford Signatories an opportunity to submit a successful bid and the efforts
it made to persuade the Non-Signatory to work under an MTDC collective
bargaining agreement on the Project, which should include having made an
offer to serve as a paymaster for the Non-Signatory’s mason tenders under the
Residential Terms.
e) While the process for waiver of subcontracting restrictions described
above is limited to Residential Projects, Employers may request
subcontracting waivers from the Target Committee on projects subject to the
Standard Agreement as described in Side Letter #2.
4840-3821-2329.1
7/26/21
IICAGNY
Vision Ethics * Value
SIDELETTER#!
Robert Bonanza
July 1, 2020
Pages
Dated:
AGREED TO AND ACCEPTED ON
BEHALF OF CAGNY MEMBER COMPANIES:
CAULDWELL WINGATE COMPANY, LLC
HUNTER ROBERTS CONSTRUCTION GROUP
LENDLEASE (US) CONSTRUCTION LMB INC.
pavarini McGovern
PLAZA CONSTRUCTION LLC
TURNER CONSTRUCTION COMPANY
BY.
ChariesTT’Murphy, Chairman
Dated:
AGREED TO AND ACCEPTED ON
BEHALF OF THE MASON TENDERS
DISTRICT COUNCIL OF
GREATER NEWYOR
BY:^0^
Robert Bonanza, Business Manager
4840-3821-2329.1
Charles F. Murphy
Chairman
Christopher L. Mills
President
KovInM Bartoli
Vice President
Nicholas J Greece
First Vice President
Bobart J Palumbo
Second Vice President
Pal A. DI Filippo
Secretary
Edward JLydon
Treasurer
Thomas D’Ercole
Director
James Fallon
Director
Chris Hatgrove
Director
Erie McGovern
Director
James C McKenna
Director
Slaven Sommer
Director
Raymond G. McGuire
Managing Director
Dawn M Zanlcholll
Assistant Managing
Director
Alslinn S. McGuire
Kauff McGuire 4
Margolis LIP
General Counsel
John A Cavanagh
(1035-2012)
Chairman Emeritus
HCAGNY’
Vision • Ethics • Value
Cauldwell Wingate Company, LLC • Hunter Roberts Construction Group, LLC
Lendlease (US) Construction LMB Inc. • LHT Services, LLC • Pavarini McGovern
Plaza Construction LLC • Turner Construction Company
SIDE LETTER #2 to the 2020-2023 CBA
July 1, 2020
VIA EMAIL AND US MAIL
Mr, Robert Bonanza
Business Manager
Mason Tenders District Council of Greater NY
520 Eighth Avenue
Suite 650
New York, NY 10018
Re: The Target Committee
Dear Bob:
The Mason Tenders District Council of Greater New York (the “Union” or
the “MTDC”) and the Contractors’ Association of Greater New York, Inc. (the
“Association” or “CAGNY”) recently agreed to extend their collective bargaining
agreement (the “Agreement”), scheduled to expire on June 30, 2020, for an additional
three years. The Agreement includes this and all side letters which serve as attachments
to and are part of the Agreement.
In the course of their negotiations, CAGNY and the MTDC discussed
problems faced by CAGNY Members in bidding against non-union construction
managers and general contractors on “open shop” projects. While the parties reached
agreement on a reduced wage/benefit formula for use on residential/hospitality
projects, they acknowledge that similar competitive pressures are present on some
commercial projects, including tenant fit-outs, as well as on interior renovation and
institutional (such as healthcare) projects (“Other Projects”), and “At Risk Projects”. At
Risk Projects shall mean non-rcsidential projects, excluding prevailing wage projects,
BCTC PIA projects, and “out of the ground” new hospital construction (unless the
contractor is bidding against a non-union construction manager with respect to such
new hospital work in which case it shall be considered an At Risk Project).
In order to allow CAGNY Members to compete more successfully for
Other Projects and At Risk Projects, the parties agree, therefore, as follows:
• They shall establish a Target Committee (“Committee”) of six persons,
three appointed by CAGNY and three appointed by the MTDC, which will
have the authority, with the approval of four (4) Committee members, to
permit and approve submitted requests for:
1 CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor, New York, New York 10022 Tel (212) 838-9025 Fax (212) 230-4980 www.cagnyonline.com
HCAGNY
Vision • Ethics • Value
SIDELETTER #2
Robert Bonanza
July 1, 2020
Page 2
i. The use of A Residential Journeymen, B Residential Laborers,
additional Apprentices, and/or other now existing or later
established categories of Mason Tenders on Other Projects in ratios
to be determined by the Committee.
ii. Requests to subcontract mason tending (subject to the provision set
forth below), demolition, and fireproofing packages to non¬
signatories.
iii. The Union acknowledges a particular issue with respect to mason
tending work but intends to re-start its efforts to address that as a
result of new leadership at Bricklayers Local #1. For the first ten (io)
months of the Agreement, therefore, requests for relief from mason
tending subcontracting shall be submitted to the Target Committee;
if after ten (io) months, the Union’s efforts with Bricklayers Local
#1 have not been successful, Employers may subcontract mason
tending to non-signatories without submitting requests for relief to
the Target Committee.
• Contractors should expect to receive Committee approval (subject always to the
approval and other procedures of this Side Letter #2) of requests submitted for the
following, when bidding against non-union competitors on “At Risk Projects’ (as
defined above):
1. All journeyworkers to be paid at 80% of their regular rate of pay. If,
however, any journeyworker is paid at the regular rate of pay, all
journeyworkers shall be paid at the regular rate of pay; provided,
however, that forepersons may be paid above scale without an
obligation for all journeyworkers to be paid above scale. With
reasonable notice, the Union will be entitled to review payroll or
other relevant records for the job to confirm rates of compensation
of Mason Tenders working on those jobs.
ii. The regular ratio will apply (i.e. foreman, steward, two
journeyworkers, apprentice, etc.), but the Target Committee shall
consider other ratios, including but not limited to:1) a 4 person crew
consisting of Foreperson, Steward, Journeyworker, Apprentice; or
2) where the general conditions budget is a significant obstacle, the
third and/or fourth workers being apprentices in the 4-person crew.
iii. The Employer may request a 5% shift differential for the second and
third shifts; and flexible start times, depending on the needs of the
project.
4844-8968-9065.1
numf CAGNY
Villon • Elhlct * Value
Robert Bonanza
July i, 2020
Page 3
SIDELE’ITER #2
The Target Committee shall not be required to consider requests for relief
entailing:
i. Subcontracting general conditions work (except as otherwise
provided herein) to a non-signatory company including, among
other things, hiring or overseeing employees of a non-signatory
contractor performing work covered by the collective bargaining
agreement,
| ii. | Subcontracting relief with respect to which protest and/or picketing protections arc extended to the non-signatory subcontractor. Wage and benefit rates other than as set forth above or requests for |
| iii. |
relief on Non-Residential Projects falling outside the definitions of
Other Projects and At-Risk Projects,
The Target Committee shall publish and follow the Target Committee Rules
(“Rules”) (attached hereto ns Exhibit A) that will govern their deliberations and
shall distribute these Rules to CAGNY Members; and
The Target Committee shall ensure that the Rules provide that decisions of the
Committee shall be made available to the CAGNY Members immediately
following a decision by the Committee,
Dated:
\GREEDT0 AND ACCEPTED ON
BEI IALF0F CAGNY MEMBER COMPANIES:
CAULDWELL WINGATE COMPANY, LLC
HUNTER ROBERTS CONSTRUCTION GROUP
LENDLEASE (US) CONSTRUCTION LMB INC.
PAVARINI McGOVERN
PLAZA CONSTRUCTION LLC
TURNER CONSTRUCTION COM PANY
BYCharles F. Murphy, Chairman
AGREED ‘1’0 AND ACCEPTED ON
BEHALF OF Tl I E MASON TENDERS
DISTRICT COUNCIL OF
GREATER NEW YOR
Robert Bonanza, sine^ Manager
IS.i.i.S’ioX-WSI
SIDELETTER #2
i!CAGNY
Vision • Ethic* • Valut
EXHIBIT A
TARGET COMMITTEE RULES
The Target Committee (“Committee”), created by agreement of the Contractors’ Association
of Greater NewYork, Inc. (“CAGNY”) and the Mason Tenders District Council of Greater New
York (“MTDC”), hereby adopts by unanimous vote the following rules to govern its
deliberations and decisions:
1- Composition: The Committee shall consist of the undersigned six members, each
of whom was appointed by a writing issued by CAGNY (“C/\GNY Representatives”)
and the MTDC (“Union Representatives”).
2. Authority: The Target Committee shall have the authority, with the approval of 4
Target Committee members, to vary, suspend or waive any provision of the
CAGNY/MTDC collective bargaining agreement, including, but not limited to,
staffing ratios, overtime requirements, subcontracting restrictions and shop
steward appointments.
3. Staff: CAGNY shall provide one or more staff persons to schedule meetings, keep
minutes of meetings, publish decisions, and provide other administrative support
as directed.
4. Quorum: Two Union Representatives and two CAGNY Representatives, present
in person, by phone, or by assigning his/her vote by proxy, shall constitute a
quorum. Proxies shall also be permitted where Target Committee members arc
otherwise not available for a meeting (i.e. irrespective of whether their presence is
necessary to make a Quorum).
5. Meeting: The Committee may meet in person or by telephone.
6. Appeals to Taract Committee: (i) A CAGNY Member which has an opportunity to
bid on a project against open shop competitors, or to dissuade an owner/developcr
from exploring open shop options, shall fill out and e-mail the attached form to
Committee members, indicating what adjustments in wage/benefit rates or
classification ratios, or subcontracting waivers it is seeking, (ii) A CAGNY Member
which has awarded a masonry contract to a Non-Signatory under the
circumstances described in paragraph 7 of Side Letter #1, which desires the right
to award an additional contract to a second (third, fourth, etc.) Non-Signatory,
shall submit a request for the right to do so to the Target Committee.
7. Timing: The Committee shall schedule a meeting within 48 hours of the appeal’s
submission. Either the Union Representatives or the CAGNY Representatives may
require an in-person meeting at a mutually convenient time and venue. If CAGNY
Target Committee representatives have been unable to obtain a confirmed time
from the Union Target Committee representatives lor a Target Committee
4844.8%X-9065 I
SIDELETTBR «2
IICAGNY
Villon • Ethic* • Viluo
EXHIBIT A
TARGET COMMITTEE RULES
conference within 48 hours of submission of a request, they may, on 24 hours’
notice, unilaterally schedule such a cal). The Committee shall decide the appeal at
the conclusion of its meeting and the decision shall immediately be e-mailed to all
CAGNY Members.
8. Qitem: In deciding whether to grant the request of the CAGNY Member
submitting an appeal, the Committee shall consider:
Whether the owner/developer has awarded contracts to open shop
construction managors/general contractors in the past;
«• Which other construction managors/general contractors are bidding for the
project;
What relief was afforded to other CAGNY Members seeking relief on similar
projects;
Whet her in the amount of work lost to Non-Signatory construction managers
is trending up;
• Whether, when seeking relief from subcontracting restrictions on Other
Projects, the CAGNY Member has made reasonable efforts to secure bids
from Signatory contractors; and
What relief is consistent with past decisions.
Dated:
AGREED TO AND ACCEPTEI) ON
Dated: .
AGREED TO AND ACCEPTED ON
BEHALF OF CAGNY MEMBER COMPANIES:
CAULDWELL WINGATE COMPANY, LLC
HUNTER ROBERTS CONSTRUCTION GROUP
l.ENDLEASE (US) CONSTRUCTION LMB INC.
PAVARIN1 McGOVERN
PLAZA CONSTRUCTION LLC
TURNER CONSTRUCTION COMPANY
Charles F. Murphy, Chairman
BEHALF OF THE MASONTENDERS
DISTRICT COUNCIL OF
GREATER NEWYOR
IS I
Charles F. Murphy
Chairman
Christopher L. Mills
President
Kevin M. Barrett
Vice President
Nicholas J. Grocco
clrsl Vico President
Robert J. Palumbo
Second Vice President
Pat A DI Filippo
Secretary
Edward J Lydon
Treasurer
Thomas D’Ercolo
Director
lames Fallon
Director
Chris Hatgtove
Director
Erle McGovern
Director
James C McKenna
Director
Bleven Sommer
Director
Raymond G McGuire
Managing Director
Dawn M Zanlcholli
assistant Managing
Director
Aislinn S McGuire
Kaull McGuire &
Margolis LLP
General Counsel
John A. Cavanagh
(1835-2012)
Chairman Emeritus
4X29-I59O-756I.I
IICAGNY
Vision • Ethics • Value
Cauldvrell Wingate Company, LLC • Hunfer Roberts Construction Group, LLC
Lendlease (US) Construction LMB Inc. • LHT Services, LLC • Pavarini McGovern
Plaza Construction LLC • Turner Construction Company
SIDE LETTER #3 to the 2020-2023 CBA
July 1, 2020
VIA EMAIL AND US MAIL
Mr. Robert Bonanza
Business Manager
Mason Tenders District Council of Greater NY
520 Eighth Avenue
Suite 650
New York, NY 10018
Re: Procedures and Grounds for October 1, 2021 Reopener
Dear Bob:
The Mason Tenders District Council of Greater New York (the “Union” or the
“MTDC”) and the Contractors’Association of Greater New York, Ine. (the “Association”
or “CAGNY”) recently concluded negotiations for a successor collective bargaining
agreement which will be in effect from July 1, 2020, to June 30, 2023 (“Agreement”).
The parties agree to reopen the Agreement on October 1, 2021, if, in the judgement of
either party, changes in the market conditions require one or more adjustments to the
terms of the Agreement. If either party wishes to reopen the contract, it shall provide
| written notice to the other party no later than August 1, 2021. | . | ||
| Dated: | ( | Dated: //-^ | 2-/ |
| AGREED TO AND ACCEPTED ON | AGREED TO AND ACCEPTED ON | ||
| BEHALF OF CAGNY MEMBER | BEHALF OFTHE MASON | ||
| COMPANIES: | TENDERS DISTRICT COUNCIL | ||
| CAULDWELL WINGATE COMPANY, LLC HUNTER ROBERTS CONSTRUCTION GROUP LENDLEASE (US) CONSTRUCTION LMB INC. pavarini McGovern |
OF GREATER NEW YORK |
PLAZA CONSTRUCTION LLC
TURNER CONSTRUCTION COMPANY
By.
ChartesTTMurphy, Chairman
BY:
Robert Bona , Business Manager
CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC.
950 Third Avenue, 15th Floor, New York, New York 10022 Tel (212) 838-9025 Fax (212) 230-4980 www.cagnyonline.com