Between
THE CEMENT LEAGUE
and
UNITED CEMENT MASONS’ UNION LOCAL NO.
780 OF THE OPERATIVE PLASTERERS’ AND
CEMENT MASONS* INTERNATIONAL
ASSOCIATION, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR,
GURREMT/123397403*1
INREX
ARTICLEIObjects I
| ARTICLE II Principles^ ARTICLEIII Subcontrscting |
P1PPPPP | . |
, 2
ARTICLE TV Worker Ratios and Apprentices 2
ARTECLE V Foranan tuid Shop Steward,., 3
ARTICLE V| Union Security 3
ARTICLE V[[ Work Stoppages and Lockouts 4
ARTICLE VIII Territory Covered 4
ARTICLE IX Work Covered 4
ARTICLE X Hours 6
ARTICLE XI Wages 7
ARTICLE XII Fringe Benefit Contributions 13
ARTICLE XI]1 The League and the CLAPF – 17
ARTICLE XIV UnionDues Checkoff 17
ARTICLE XV Working Conditions 17
ARTICLE XVI Facilities laid 19
ARTICLE XVII Safety and Security „ 19
ARTICLE XVIUDrug and Alcohol Polity 21
ARTICLE XIX Validity 21
ARTICLE XX Jurisdictional Disputes ,„ 21
ARTICLE XXI Trade Boards 21
ARTICLE XXII Universal Agreement . 22
ARTICLE XXIII 22
ARTICLE XXIV Duralinn „ 22
srityiraEtoM currents23&97«Kv1
ARTICLE XXV Fork Majcure 23
ARTICLE XXVI Hardship Committee ,,,24
ARTICLE XXVII Sick l ime Waiver 24
ARTICLE XXVIII Manning of Jobs 25
ART ECLE XXIX No Discrim i milion 26
ARTICLE XXX Most FsvorwJ Nations 26
ARTICLE XXXI Effecting Clause _ 27
671^’17065-004 CUHHENl ‘1235D7<D3v1
AKrcciiiLnl
Between
THE CEMENT LEAGUE
herein referred io as ihu L‘Employera” or b■A^^sD|igliorL”, und
1 1 N I I I I > C EM ENT MAEONS’ UNION I Ot Al NO 7«0 OF TH E OPERATIVE
PLASTERERS’ AND CEMENT MASONS’ INTERNATIONAL ASSOCIATION.
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR.
herein referred to as Hie “Union”
WHEREAS, the Ertjploycrs -md the Union made and unterud into thin Agreement October I ,
2020 and ex iended to June 3D, 2023,
AGR h EMENTmado and entered into by and between T1 1 F C I MF N’T 1 . p.AG 11G on its own
behalf and rm behalf irf its recnibm heweso mnhort/cd at the time of the ex^u^i tlierwf
t wlrn may bu admined m munibersliip and have so authorized dur mg the life of the Agreement
and am extensions or itncwals thereof a nd nil addsimnul ^mployfir^ bmuid. committed, covered
or oinujwisc Mu-ied to thiH Agreement ami the UNITED CEM I N J MAXONS’ i.niox I OCA1
NO. 780, OF THE OPERATIVE PLASTERERS’* CEMENT MASONS1 INTERNATIONAL
ASSOCIATION {hereinafter designated as “UNION”}. All Employers ond Employer
representative that a™ hound. qommirted, covered or otherwise signed to this Agreement .
hereby dcsigntUe and acknowledge that I Ite said CEMENT LEAGUE is their duly authorized
Hargaining Representative :n the nuyotiitimi’i Ml lhe fitreyuing Agreenu nt and the rentiers
therein cMttaiMd mid of any amendment and uxl tits tons ihm may hereafter be mode thereto Ctr in
Hie Begot i i im of any liui-eeeding A gruc ments Noih।ng conta i n cd hi this Agrccmi ent shall
require any Employer lu bcctmto a member of any AssDciafinti. Th$Cement League recognizes
the Union as the exclusive majority representative io nil onplojete covered by rhe Agreemerd in
the bargaining umi set forth (herein pursuant to Section 9(a) of the Lainir-Munmici num Rdutions
Act.
MBO’ICLE I
Object!
To estaiiltsii and maintain wnge&, hours nnd wod inn coin Li ifens ibr the work on buBding
ctinjitruction covered by ihis Agreement in die territory td wiijch it Applies; io prevent strikes and
tockouls, to ensure the peaceable mljusiincm :md smij^mtmi of any and all gri evinces, disputes
m differences thm muy anse between (he parties as such pr bcSween them as Employer or
emplciyce unci to provide fer the ;idjustir.cin of dizpur^ bcl^vCti trades.
ARTICLE II
1’rincipleh
lilt amount of work that an cm ployee whom the Un ton mjircsctits may |xjrli>mi shall not be
?usiiictcd by the Union, nor by the re^reitntsiliVcs, olficcns or members of the Union, nor sliall
the use ofiruLuhinery, IuijLh. appliances or muihodi; be rostrietotl nr interfered widi. All jobs shall
he ji i untied LideqtU Icl y eorMtlciil With iht production of gamj workiitotiship. An Eniployer i&
L 716’17BE6-MM CURRDVn12MS74Q^1
ulluwcd to reassign worked At any portion of the day. A teorfeer on sjph site cannot refuse work
if ills pun of the collective bargaining agreement jurisdiction.
No person representing the UmW except its business. ie|>rc^»L«i Lives, shall have rhe right to
i i Her^ tow ih c w< i ikers d lit i 1 i p h i isi i k-hs hours : hL’ husi ncss reprosen [al 1 ve Sha 1 1 con iply with all
general Miwiiticjns of die fob regarding passes, entrance tn hcuaod, etc.
I his Agreement is based on I lie principle that die Bttiploycr is entitled to eight hours uciu.il wtuk
tor cidit Imurs pay. The worker is responsible tin winking a lull daj Workers si mH mH leave
early for ®nch or upon completion of die day. Any unreasonable failure to work a 1UEJ eiglilfSl
hour day sh41 give the kmploycr the right to p.iy on I; for div ln>urs cteiLLisl I y worked.
ARTICLE (II
Subccuitrnctinu
Any subcontmctur or R mplover, 9 pnrty hereto, who duels tO SUhfol <ir xiibtnnitmcl any al the
woik previously awarded to it by the general coniractor or prime contractor, shat! notify die
I nton » :lhin fourteen f 4} iluys nJ -ubufnilrucLijiu such work However. un I t np]< Her dial is u
party to this cof fociive bargaini ng agreement shall enter mloa contract with any person,
partnership, lirm. corporation, joifo vfiimru or other entity to perforin Iwgaining unit work on a
job site, unless such person, partnership. firm, corporalion. joint venture nr other entily has
signal a collective b.ir^iuiii ill agreement with the Union or is a bobber efan Association thal
has sipped u Cfilfoctl^e har^inh\g agreement with the Upiian, Any Employer who ejects to
sublet or subBcmtract any ol (he work previously awarded to il by the general contractor or prime
contractor sha! al sit be retpunsible to pay to die funds any amounts owed by the aubcontriictor
for fringe licncfil com ri burtons.
ARTICLE I¥
orhor Ratios and Appremices
The parties io this Agreement shall jointly mahnani a system of Aiiprciitjccshipl raining.
niuHmUy sti’isilLctiiry, which will insure an adequate force ofanned mculuimcs.
The Cemenl League andfor die Employer signatory hereto agree that the tlrat employee hired
pursue n1 to the terms pfllw coltcUiV® bargaining bgrefmcjil shall be the ibrenurn. The Struond
cmployuu shal I be tlic shop sicwjid. ‘Il re third and fourth cinplnyovb shall be Pruvisiotials. The
fifth employee to be hared will he an Apprentice. All subsequent employees maybe provisional
or mseluuiLcs consistent with the rbquiT^ ratio of 2 ^Surneyperson Ln 3 Provisional (2/3^
I lTcctivc 10 I/2CL the ratio dhaiigcfi From 2 Juumeyperson to 2 PtwisicnHl, to 2 Joumeyper.san io
1 I’nn isianji;
After the third cmploycct there shall be an Apprentice hired. Any adciitiafial ApprenticuH will iH
m the RmpfoyerS’ opiitui. The first Apprentice shall not count as a workman. All jobs shall be
manned by Appreniices in Bcconknce u iLh applioWe law. Apprentices shall be paid m
accordance with the provisions tif Article XL
2
1^’ ‘ iWJ-DM CURRtMt;123WT4Q3v 1
On oil jobs where the only work performed is uuKhnnical grinding Lu a Linisltud product and
flash patching there may be one Journey persons and the rest of the labor will bt Pruvisit mals or
Apprcnliccs, s u bjucl Lu applicable law governing Apprentices,
ARTICLE V
Foreman jmri -Shop Steward
Ou all jobs when; one pr more Cement Masons arc cm ployed, om.1shall am jj. foreman except
when patching, grinding and flash pal ching is deme exclusively. Then on Bill jobs where
paid।jny, grinding Hid flash patching is dune exclusively and where four (4) nr more Cunont
Maquis me employe^, one shall serve as foreman. rhe L ufojt recognizes the ri gist of the
[impIo yer and/or foreman to employ or discharge ?my,pr all employees subject to theprm isions
of this Agreement.
I he foreman. if so requested shall work with hi? km Is when there are fewer than seven (7)
iwrums LTtiphryed, and shid I work with his i cm k, regardless of the number nFpersons employed
if an emergency urises in which ,iddii tonal Cement Masons who eimnol be procured due to luck
of sufficient time.
I he foreman shall he the agent olthc Lmpkiycr and shall not he brought up on charges for any
0This uebi as tiiremiin wilhru! due nolice acccnnpaniol by aw riHer sI.iIlttkjH ut ‘he ch irgL’!’
against him, being givwi to the Jo mi I ndc Arbitration Bonni
No foreman or Cement Meson shall be discriminated against by an. Employer for reporting any
tdblatiotas of this Agreement.
The Union shall have the rigill to appoint a simp steward from among lilt employees on nil jobs
covered by.this Agreement. For high rise buildings, the steward is to be placed on the job no
I tiler than the 11fill floor mid shall remain so long os there is wot^c to be pcribnnud under ihe
jurisdiction of this Agreement, For const rm Ikui other than high rise buildings covered by this
Agreement, lire second employee shall be Ilie shop slewanl. It shall be die steward’s duly to
report any violations oFthe terms of this Agreement to I he 1 taion ami he/shc slml1 no I be
di iwriin inated ugainst far 1hc performancc of sueh d mies A shop .’lewart I ntust work i n an
assigned tuncliuji.
ARTICLE V!
IInion Security
All emplaned who are mem here of the 1 nion are requited to remain mem hers, of the Union as a
uUilditiinl aTumpluyitiejiI dunngtliL’ Lerin ofthi? Ayreeinunt. Mew employees shall be rtqvired
(p become, uiid remain, tijEmbers oftlie I. nion asaconditfon ul’ cmpluyinciil from and uHci 11iu
7r dux follow in(g Lhuir times (ifeiripkivuiL’Dl, or ih i1 u ITedi ve dulc r.f L:ii^ Afreemen I. whichever
is later.
The Association will provide the Union wilh ,i list of its memberH who have itesigiialcd ihc
Associali^m iis its bargaining agcul and who liaveirgrecd lohe bound by Hie lunn and unndilititis
of this tiollKflivc hargamitig agreement. In luklition. the Association will nolity the Union of any
3
&J 1S’ 1 JdMi-OlW CUKKLN t 123W ZH03V 1
changes in membership. either by the addition of new members ar I he dropping of members
during Uns Agreement. Ir is farther agreed that :d| Employer members of rhe Association are
hound by this collective bargaining agreement and entitled to its herd its until its termination
date whcthei or not they retain their membership in (he Associations for the full period of his
Agreement Employers not cm cred by an Association agivt-menL shall be subject Io an
additional 60 cents hourly administrative benefits charge to the NtlX’OPCMIA Fringe Benefit
Funds.
ARTICLE \ II
Work Stoppage *i and l.nckout^
Neither the Union nor its representatives shall order a strike or stoppage ufwork, nor shall the
employees strike against any Employer, or collectively leave the work ofan Employer; nor shall
any Employer lock out employees prior to tiling a written complaint or pending the adjustmcni
ofimy existing disputes as provided Uji in Article XX & XXI
It is agreed between the Punics to ihis Agreement that refusal on the part of any individual
employee lo cross a legally constituted picket line will riot he considercd a violation of this
Agreement nor will it be considered grounds lor discharging said employee or employees.
ARTICLE VIII
Tfrritury Cm eri-d
I he area in which ihis Agreement is etfaciive is Greater New York, N.Y., Nassau and Suffolk
Counties, L.L. N.Y. and the Cement l.cqguc specifically recognizes the expanded jurisdiction of
the Counties of Albany, Columbia, Delaware, Dutchess, Greene, Orange (excluding the fown of
tuxedo). Putnam, Rockland (including the Town orTuxedoh Schoharie, Sullivan, Ulster and
Westchester,
ARTICLE IX
Wark Covered
[ he Cement League, and/or the Employer, agree that the work set forth in Lius Article IX is
covered by this collective bargaining agreement and that such work shall be contracted far by the
Employer and assigned to and performed by Cement Masons, and that such contracting and
assignment of work to Cement Masons shall be a term and condition af employment under this
Agreement:
(it J The laying out, the setting of joists, meted or other strips or screed rods of work hereinafter
specified,
<b) The setting of forms for steps, landings, platforms, copings, caps .uni curbs, except where
under Conns or center) are required ,md the placing of all fine materials for facing sunte.
(c) I he screeding and finishing (broom, final i trowel I of cement wtnrins surfaces of
basements, floors, yards, sidewalks, driveways, reads, areas, nml other surfaca where cement
4
671&’17fi65VMCURRENT,’!23«/40 1
i।iusIi ik Id be laid; hImi, when “lint” material is imd over rough cuncreta where snips have lobe
sei, Or maleriul ruled down, or snikices finished and no mtinolirhic cement iinishes
(d) The caratruetwa of glass vaults or sidewalk lights where same are set in cemefli, tSKCeptinjj
the carpenter uork. hut including (Miming, facing and finishing of (he surfeces after forms are
removed
(c) The running oi’ II cement base and siting Ticmpcirai}’ strips for ccmem hast.
if) The operation aflhe nozzlesofceniwu guns -mil linishing of cemw® swipes applied hy
cement guns,
(g) The dressing to secure ardtiteciural iinisJi m iUi bush hammci. electric chopping gun up to one
inch for patching or pneumatic tools nf i:k mull t Inc curie i tie surfaces when Louttitc is ^isi in
place: the applying ot cement mortar on walls, including the culling Iori he patching find
in i ishiny of concrete and concrete fireproofing on wjiIK beams. girders, piers and pel uinns,
whether doik with miwul, cmborumkiiii simic. Ilnui or irthtJ process: tile- applying of cement
mortar irr any other 4&mpihiad cum ami ng portkind cement ns a base exterior walls for rhe
jiurpoKC of preserving nr protecting against the weather or other purposes; the applying ofetllienl
mortar tor damp proofing, waterproofing or sanitary purposes; the euitingoi ail lie wire and
oonotle where cun ien I fini-di U In be applied.
(h; Applying temem monnr Ihr imitiiiin^ and ruziovaiinu brown or Dthci stone
(U ‘1 he appljmg, hnislunji :md priming of all mutciiij] known to Ilie liailea^ “composition” or
composition mastic^ iiiciudi ng those used for mu I mg purpi^L”-.
(j) ‘Hie scliin y of carpel pins and inserts m cement mid “cumpimimin” die luyiug id’same.
(kJ i he marking und cuttiriy < if joinls in cimiicle Hours und sidewalks h> cai hm iniduiri wheels or
other inachincs.
(1) i he upvriitiou of machines I’ur iiiuihiiiu. uriiidui”. pNidmig of ecincm floors, walls mid
ceilings.
(m) Ilie mci^anical gnndi ng of Concrete llticirs m a iinisfu^ product Fin tlii5 work one
ibidEnzui ami the rest are Provisional worker’: and Apprentices
(n) : he pjlehiim.uid caulking I’fcunciete to corn’rctcjoi‘its, regardless id i-nalLTiHlx used, shnll
be die wuik uf the Cement Masons.
(u) Moving nnfi advaoi ingof vacuum mats during u continuous Dpemtiem of drying cement
finish floors.
(]J) 111C Sdtmg ol pi cnirnildct I compress i hie 11IIltS Ibr tixpUiUiuJl JUiniS iJl -Hiy finished epnuTcLu.
exoapt where same is a self-supporting siruuiunil slab.
5
6719’17866 004 CURRFNTfi2^597403^ !
(q)। nc applied icm cfull materials, synthetic Dr oTlwnvisc, when used ur applied in ediyunclico
with the resuriacing or leveling oi any suri’iicc. This includes all processes ulilizodto achieve the
Mtfue pursuant Io all jurisdicl^ill language provided in the liilunKLlituiil Con Hi Lui inn of I he I). IJ
ACMLA.
(r) The packing ol cement uiulemL’iilh id I machulcs anil set Ling and packing of hearing plates
shall be the work of the Cement Masons.
(s)The patching ofron^etEcrCatecnt fleers regardless frf material used
It) The patching of all precusl cuiiurctc i.hlcc dcliveruil Ld the job,
in I The utiLzatioji of any piece of equipment to establish nr finish a grade, including but n«H
limited to rota! screod^ m^dianica] surcctling machines and tide on tniwel rria.dniK’s.
ARTICLE X
Hours
I he work day jduill be uiphl (H) hews al straight Oulu ratfc On rusiduiin.il or hospita^y projects,
nmu worked aftit flight hours shall h# al lune unci one- half r«r WaytH and benefits. On
cemmelf^idL projects; time worked after uip,h1 I Hl hours upto ten (M)) hours shall lie ut lime ancE
one-half fbr waga mid benoHls. eauupl Iha’ pension and welfare uujllribiitu up. slmil be at double
time, mid all additi^ul hours ikurcaflcr sludl be b1 double time inr wage? and henctiis. For
s;n iirtiiiv. time worked on residenLiul or lusspiLdliiy projects shall heal time and bne^felf wages
and hcnutiis. and ior commcrcm! pmjtuis images shall be at time and mw half, and pension and
welfare henefif? al double lime, uni! all Ine rest of the benefits jl lime aiul one- haff for (he first
ten (10) hours, after which ail benefits shall feat double rime, Bunday? and Knltduys shall bu at
double tine fijr everything. As detemiiued by the Eiupjoyei at ihc beginning of j weak, stinting
time tor it crow gang shall hi? on tho hour between 6 a.m. and 9 u.m. When work starts at 7:00
H.tn„ lunch can be tukun fiLun L 1:00 a.m. to 1 1 30 a m When >ork starttf Sf $:0Q a.in., lunch can
be taken fnojit 12:00 p.m. to 12:30 p.m. Cemcni Masris wutiing ihniuyh lunch hows must be
btnf to lunch iW later than I ;00p.m. ALE Certienl Masuns wojkiu^ dq overtime shall be given ihc
uppHulunicy to nA di n iiu-r no Liter IhatL 6:0n pm.
W he:. ordered to ,i job site for n spec ifie (i r ne ii ir sign up. yulli ug sa lely i iir.b dctiuiis. or h। iw i ve
H anspuiiibtiiHi in the job lucaLcon, lIlc cniployuc shall be paid from ll Lu time he is required to
report Any employed tiansrefTCil iim in one job to another:duriflg worfcmg bemni shall be paid Ibi
the lime spent in irin clin^.
For work in any county outside ofthe live borough^ pension and welfare conlribulions shall be
paid at straight time rates fur all hours workedt irtLhidiitu lu»uis kn overtime 4itd double tunc
In WflstchestetOounty, there is ne double tirsie cm wages and benefits, except for Sundtiy? und
Hnlitlnys.
Alt mher contributions will be paid til the rales above
6
871SH7886-OM CURRENT?1?Me?4Q>1
I he Jtgal holiday’: referred to in ihis Ank ie ore: Mbw Year’s Day; Presi dent’s Day, Good
I riday, Mnmirinl Day. Ind^endence Day. Ldhnt Day. Columbus Day, Presidential Elecddai
Day, Tl ki 1 1 k i v i 1 1 y Day and t ?hnstmas I Xty. All I inhdays are’sabjeei to chanyc wil 1 1 m»t ice I Im
observance at any hulidut dm lulls on a Saturday shall be observed on the Friday preceding (he
Ind i day, .Any Imliuny h;t( falls on a Sunday slmll he observed on ihc Monday Ebljiwi^ the
holiday.
The refilla i »mkkill day fiw Ccmail Masons working on Christmas Five and N^w Year’s five (tw
the lust preceding legal winking day when these holidays fall on Sunday or Monday) shall be
from 7:00 a.Jti to 12 Noon. Workers sh^LI receive eight hours of pay al the prevailing wage talc.
Work performed after 12:30 p.m. shaft he at single lime until 330 p.m. Any uiirk pcrui m i cd
prior to 7:00 a.m and after 3:30 p.m. or during lunch hourt will he paid al lime and one-]ml k
Any Cement Mason who reports to work oh Christinas Eve. or New Y^r’s Eve, pursuant to his
I m pJoyer’5 1 1 1-51 n mi m n sha II be cn I > 1 1cd to the i h rec ( 3) hours Bfiemong pay w i1hou I work ing.
The Em plover ma\ work Lhrwi (3) shifts, with the lir.u shift I’runi 7:00 sm. to 3:J0 p.m.; the
sewnd shift and third shift shall each be eight hours. An employee working on the second or
iLiiid shills shall receive nine hours pay for eight hours work, which shall include nnc-lm I H 1/2)
hour lunch All shirts from Monday to inclusive, shall be al the wage rate tihovc noted,
any .shill working Saturday, Sunday W Hobdays shall btnt the ox ui linti fate, Il is compulsory to
work the second shift with flue tirsi shift; the I In rd shift will be at the wutiuctor’s opdan* Each
shift shaft include A diricicuL kuriiiiui and a different steward.
N ight Di H e:ei ilial N O( Wilhst ui iduig [J m।ffc Vit i us proviso m u i f Lii i > C L5.A, u U-hr mr WOik
pcrltmiicd after th«5 trjidcC normal working hours. 7:0(1 a.m and ending 3:30 p.m.. shall be
puid at the current wuuc plus: u premium ol Iwenly-five (25) perccnl of wng^s adduiL to the
stipulated hontly rate, iiicludiiig but nut limited to wage changes duiing the life of the omitrj.L.
All work jlHer eight (8) hrmns up tn ten (10) hours shall be at time ;i nd one-half with pension
benefits and trust fund benefits paid inckidmulhe Ewenty-five (2?j percent wage differential.
This provisLun sluftl he Imm Monday uEfemuoP until Friday evening with guuninicE of eight
hours tbr friihy evening ipinginto 12 01 a.in Saturday morning Ulis proccd nitwit] be
documented by the contractor faxing ihe Union writli the required sinning time siipuintcd m the
contract.
articleXI
Waftes
1‘here are J cEas^ Iieat ions of workers u mlerthis Agi ccmcal. rhey lire:
| 1. | Jounieypersoii on Resiiluoliijl and i {ySpitnhiy work. Fer this worker, overtime is at lune and ojidtall Lui wages and benefits UMtepl SinutkLyK ;irni Hn|id:ws. which will be at ihnihlc time for wngcs and benefits. Provisional Residential Worker |
| 2- |
7
by 15’1raM-DIM ::Ub!RENTn23597J(}>1
[for this worker there is 4 reilueed #agc, and nil overtime except Sundays and
Holidays is at time ami one tiulf for wages and benefits Sundays and Holidays
MVCIImK is dt dduldu time thru ugoi und hunulils.. Thu rdIlli cT JoumcypcrHuii and
ProflSsicnal Residential Worker U 2/3 on Rusidenliul and Hospitality work.
| 3. | JnumcypLTSon Residential Worker Ai provisional rustJailial v. ..irker Hint wu< ks more Ihun IQ.QOd Imuis shall been me |
3 Residential Juumeyper.’iiin.
4 J mirncypcrM 11 on coni 111ere i al work.
For th worker. time worked atl^ ciglu hours amt up io ten hours, is nt time and
01lu half for WugC5 arid benetils uxccpl zieinion and trust COtllribmiOflri me at
ifodblc lime, All jddilioiial homs Worked HTu at double lime fol wages Slid
benefits (except in all cmmti<M north of the five boroughs, where die only double
1 1 me pa id is on Sundays a nd HoI i dt‘J’s k Suudays and Hol i< lays are at double
time for vagus and bench ii Tlucre urv no Pro isiona! Residential Workers in this
classiLkatiou.
Additionally, as used in th$Agreement, an ”Apprentu^ is an uo^yidunl enrolled in end a
participant of thir NEDC UPCIMA Apprenlideship 1 und.
Wages shall bu paid weekly on the job before 4:00 p.m. on Ft idayc. Deductions lioin wages
now, or hcTdnritmr required by law, shall he marked an the l uce of rhe envefopu. At ihc
Em ployer’s uptian piymtnj t 1f wages niay bu made by negu I tab lu chack. If wiirkns a re n 1n pa i it
93 sjiecificd above, double time sh.ill be paitl lor Friday. between llw hi’urs ul’3.’3d p.nt. and
5:30 pin, and single lirnu t(ir work in 1.1. hliic thereafter tin hl pitid, nut exceeding loLirtccn hmirsy
provided however, that 1he workers report to and rumam on 1 he job durinu, the said hours of
working time.
If an i/mpl<>ycr ivsiien .1 payioll check to a Contnt Mason ami ihu chuck is returned for luck pl
fonds. Hie Employer si 1all pny all service charges and a peimlty of eight (8) licmrs, at the regular
rate of hourly pay.
Whim a Cement Musuti is employud cm a.job fot two (2) days ar mare, and is disuhatgcd ar laid
off, heshe shall be paid for all time worked and shall stop workingat 2Au p.in and must be paid
by 3:00 p.ju. cxuu|iL wIieLi working i?n ox urtiiuu. Wltuii u Cfitiuiii Mason iv employed un a job
fat one ( 1 1 day and isdisciiaigoti of laid off. lie-she shall be paid al once for all time worked and
must be puid by 3:00 p.m. except when working on overtime.
Ef Cen mni Mumiilh aru suek to mid LimxL’ on u fob upon i€i[uesL kum an Employer, and arc not pm
to wnrkh nr it requested 10 remain rm widjub by an Employer, foreman or supuriniujirJeiii until
Eine [ I I hyur after Starting tirric, said Employer shall |MlV eacll such workers twfli (?Hniin< pay,
rcgardl UNS of weather, or any tifocr conditions llut may exist, on the job.
8
a r – wi ^b-vC4 cuRfll-Ni? 1 233U /4U^v ;
If such wooers urc ra|u»tal lu rcmuinon the juh by said Empl^yci; feunca 6r superiMcndertl
until 1wo (2) hours ailn‘starting time and ethers ise nci pul in work, such worker sh.ill receive an
addtticmal two (2) hours pay regard ks of ihc weather or any oilier cuiiditiuns that may cmstem
ihu juh. Fur every hour or portion of an hour uficr 10;00n,m. that the workers are requested tn
remain on the idb, they shat] be paid straighi lime.
Wlii’ii a Cement Ma^m is. employed on n Job. Jie site shall imt be temporarily Laid u& anS feemphyud niyiir. during n hl:same If 5 Cement Huson is obliged to wink overtime, hWshc
shall be paid overtime rates ooniiiiujffljsly until lie she is Uid oil fur Hiedar. The above rcteK-nc&
1o ccnotinuous emplnymunl during one dux shall nut apply i I chilliullou-i cm^tiymcnt is not
possible due to acta affimidchde or conditions beyond ihc control of ihc Employer.
r.mployurs, employees or the jaunts nl either shall not accept nrguer ilirecLlyor inLltrtclIy. any
rebate un wjiyo or ^ive or accept gratuities or yi ve anything of value Qj* estejid uuy Juror Lu Jiiy
pcisuri lor the purpose uf afleeting uny rule nfwagts;.
J hcscapplioabfL’ Wage rates are set forth below
Cemen l Mis; 1 1is 780 1 0′ 1 20 June 30. 2022
| JobTitle JounicypcrHun |
Wage 41.26 s |
ih-mdiL 45.9y S |
Total ?i7 > |
2022-2023 384$ |
$ |
| Provfaiopql Rjesidcntinl | |||||
| Wtiikcr | 5 3S;99 S | 21.76 S JO.78 $ |
5475 | 55.45 66.60 |
S |
| Residential Joumeypei^on $ | 3^12 $ | 65770 | |||
| **Fqf 786 Joiirneyperson—Cement League Other Asaodatibns. Effective October 1, | |||||
| Straight (A) | Overtime (Bj | l>i..iik’ 1 imc (Ci | |||
| ST S [ .66 59-25 |
OT 533^2 S18.50 $1.65 |
DT $2332 $18.50 $2.20 |
|||
| We Hart Pension |
Welfare Pension |
Wdflu-e Pension |
|||
| Apprenticeship | 51,10 | Apprenticcship | Apprenticeship |
1 A 1′ $(JT2 LA P 50.48 1 AT. $0,64
Check Off S3.W Chuck Oft $4.64 Check Off $6.18
Ini. Check Oil $0.87 Ini. Check Oil SI.31 hn Check Off SI 74
Vdcaticni S7.00 Vavulhm S 16.50 VjcjLlujI 514.00
Annuity $12.00 Annuity Si 8.1)0 Annuity $24.00
780 I.MT S0.15 780 LMT 80.23 780 l.MT 50.30
Orj>anizLng Fund $0.50 Organizing Fund 50.75 Organizing Fund $1.00
Lducati&n Fund S0.05 tducalnm J’und SODS Education Fund $0.1(J
Total $45.-)9 Tutal 879.46 Total $91.98
671&n7®e6-0iH CURREN = H235S 1
**Fnr 780 Journc^pcrson Residential A Hospitality Hutu—Cenwni I engine & Other
Aa^eeiatihni<T Effective (>clrhlH.’r |h 2010*^
| Straight (A) | Overt]ms (B) | Double i’nitc (C) | |||
| ST £11.66 $9.25 |
OT $17.49 $13.88 |
DI $23J2 51.8.50 |
.Welfare Punsion |
Welfare Pension |
Wcllwrc Pension |
| Apprenticeship I.A.P Check Off Ini Check OH’ Vriuulion Annuity 7KOI MT Organ iztng I’llillI kducation bund Totjd |
$1 10 $0.32 S3.09 $0.87 $7.00 $12.00 $0.15 yi.5<i S(l.05 $45.99 |
Apprenticeship I.A.P, Check Off lift Ch^k OiT Vacation A^uiiy 780 LMT 1 JryjitiLzing. I-mid Education Fumi Total |
$ 1.65 SU48 M.<>n $1.31 $10.50 stioo $0.23 Ml 75 SOUS $68.99 |
AppicnlteeiiliLp LA.P. Check Oil’ Im. Chuck on’ Vacation Annuity 780 LM’I I>rganizin£ Fund 1.duculiun Fuiid Total |
S2.2D SU,64 S6.18 SI.74 Sil DU S24.D0 $0.30 $1.00 SO. i 0 SOI.VN |
**For Ri^Edenlinl or Hospitality Projects only ioi lUMdcniiul Members—I L-mint Lujiguu
£ Other AHKncinlioiih. LJkulin’ O^HjIkt 1, 26HJ*4
| Siraight (A) | CK ertime (B) | Double rimc(C) | |||
| ST $9.8 1 |
OT $14.7? |
DI 8 19.62 |
WeIfare | Welfare | Wdfjiiisi |
| Pension Apprentjoeshtp I.A.P. Check Off Eni. Check U if VacalLun |
$4.50 SO 99 $0.12 $3.09 $0.55 $ 1 .50 |
Pension Appicitiicc^lup I.A.P, Chuck Off hit, < ‘heck OH’ Vjieutiun |
56.75 J1.49 v/ 1H M.nl $0^3 $2.25 |
Pension Appreriliceshi[j I.A.P. Check Off tol Checkoff VufiLLiuLL |
£9.00 |
| $0.04 SMS 51.10 53.00 |
|||||
| Annuity 7^0 f MT Organizing fund l-ilLiL^tinn Fund Total |
$0.50 $0 10 $0.35 $0.05 $21 76 |
Anndily 780 LMT Oi giiiLizing Fund EductiLio]] Fund Total |
50.75 $0.1 5 $0.5^ $0.08 S32.67 |
Annuity 780 LM I Organizing l und Education Fumi Total |
$1.00 $0.20 80.70 SO. 10 543.52 |
H.i
E71HfirEMi-DM CURHENI 1123W™03v1
**For RosidentlRl or Hoxpii atity Itrjccra onfy for Kesidvii1^)1Jonrueypciscrn <emeni
I cague Jt Other Asabrfationv Effective<Muber I. 2020*”
| Sirnighl (A) | OvuiliiueiRi | Double Time (Cl | |
| ST $9.81 59.25 SLOD SO.52 |
UI S14.72 $13.88 $1 5<i $0.48 $4.64 $0») $3.00 $h.Otl SO. 15 |
DT $19.62 $18.5(1 12.00 $0.64 $6. 1 8 $1.32 $4.00 $8 0(1 $0.20 $1.00 SO. 1 0 56 1.56 |
|
| Welfare Pension Apprenticeship J.A.P. Check OH !nl. Check Off VitcLLion |
Welfare PoRnon A.]spr. illiccshin l.A.P, c W-k Off lilt Checkoff |
Wclfttc Pcnsiiiiti Apprenticeship l.A.P. Check Off Int. Check Off Vacation |
|
| $0.66 | |||
| z> 1 Vacation |
|||
| Annuity 780 LMT Organizing Fund |
54.00 $0 1 0 $0.50 $0.05 $30.78 |
Annuity 780 LMf |
Annnrty 780 LM1 l>i iyini/.in^ Furui FducisLiu.n Fund Total |
| Oigam/iiin EuinJ 50.75 | |||
| Education Fund Toial |
Fducjtian Fund Total |
50.OS 546. 17 |
ji
**Apprcnticc Wage Rates, Effective October 1,2020**
| PAV per littur Y«r 1 Y«ir 2 Year 3 |
Straight S19^7 8 24.40 $ 29.6» |
Overfimt $ 2’7.36 $ 36.61) $44.52 |
Dfriible 5 39.14 $ 4K.KU 5 3936 |
** Apprentice Rate^ C’cmcni Leanne CtAttrncten & ()iher AsM>chifiniu, Effective October
i,a&2Q^
| Strai{pi1 HniLTK X Rine ¥r)-$16.06 Yr2-$L8.I8 Yr3-$I945 |
(.iverliniL” Hnurr; X Kate Yr1-524.1 l Yr2- $27.29 Yd- $29.19 |
Dnuhlc time |
| Hours X Rate |
||
| Yrl-532 12 | ||
| Yr2- S36..16 | ||
| – – | ‘-‘ii |
671SU7866-004 CURREN”. l£5M7<l<JJwI
^Apprentice Kates, E(Teethe October 1, 2021)**
1 Year or DT
2utl
Yesr or DT
3rd
Year OT DT
Weifare $9^1 5I4.72 S 1 0.62 $Q.«l $14.72 5 1 9.62 59.81 514.72 519.62
Pension S4.5O S6.75 19.00 S4.5O S6.75 $9.00 $4.50 $6.75 $9.1)1)
Check Off 5 $ – $ – $1^ $2,10 $180 S2.46 53.69 54.92
]m. Cheek Off $055 SO.53 SO.70 $0.40 $0.60 JO 80 $0.45 S0.68 5 0.90
Apprenticeship S005 $0.08 5 (J. 10 $0.35 $0.53 $0.7(1 $0.46 $0.69 $0.92
Vacation SL25 $| $£50 Sl-25 SI.88
$
S2.50 $1.2^ $1,88 $2.50
| Annuity 780 LMT iijj |
$ S – |
$ – $ ’ |
S – $ – $ – S | $ – 5 ’ |
$ – | 5 – |
| S – $ – $ – | $ | S – S – |
| Fund | W.L<L | SO. 1 5 | SO.20 ici.n $0,23 $0.30 $0.20 50.30 | 10.40 |
| LAP. | J – | $ – | $ – 10.32 SO.48 $H 64 $0.32 | $0.48 $0.64 |
| Total | $16.06 | $24. 1 I $32.12 Sis is $27.29 S36.36 519.45 $29.19 5.38.90 |
For non-prcvailing wage work, including residential, In is pi nil ire ,uid nil irther reinforced concrete
coLislnictimi on projects which wrtnot coenracreii] pinjuiK Employers fire nullwrized to add to
| ihcir -.imk l;-i -.c I’i !’■. .^ Worker is 2-’> tin all Such wnrk. |
i ker^. I |i. i-H | Ini: tl”. uerm” .mJ ; ‘:■ iiii’iim RcmiIliIIiuI |
Hie rates for wages and fringe benefit hi nd cuntrihulinnE, Uni™ dues end fajiustry dues, payable
ta die NE DU OPCM1A Eringr Benefit I imd^ (the “Euiuls” and along with (lifeUni™ and the
League, the ^uads and Emilies”) as set forth are tor Pr^vismnul residential workers woricii^an
jobs in the juried i eEi mud area to set (drill iti Arlifk VI I J.
Section I Rates: Alter Kit thousand hours of w<nk ihe PiuvlsiduuI residential worker becomes a
Joiim^ftcraon al the reset wage, nut Lu exceed $65.90 per hour
AIL foremen employed shall he paid two dollar [S2.I JU j pur hour m addition to the
Joumeypcrsun“s fide nstned above, ’there shall be no ^tridtfonson fin in player Increase of
said rurumuu’s rate if the Employer so desires. En addition, a Deputy Foreman’s pay aboil be
estab Iidled ar one dollar ($1 ,<Kll per how mure dian the established Jtnimcypcrsoif s wage rate
I 1
67 1SCI 706frDM CURRE NF’1?3=17dCl3v I
ARTICLE Xll
Fringe lienuf it Contributions
All indepettdenl Employers ot contractors c&ntrackns ifiut arte not aiiembers of an
association that is signatory Io a ^o^ectivebargniiiiiiig ^peeincnt with die I hi ion) and those not
covered by rhe principal ngfeemem” will pay SO (jO pen hour m addition lo rhe required amount
t?f fringe feaiafti uuiirnbiiiioiis due to ihc Funds and Entities bs set forth above in order io, among
।nhwthings,delraj ihecostsOf mEminisirution OftheFunds. IfanAsociallunEmplojflpi leaves
(ts Associjiiim 111 is no h Higer u inemher in good slanding with i!s Association. or is delinquent
for 2 months, a SO.60 pct hour Funds contribution increase tn match the indcpcndunl agreomenl
ndmiiiLSMiion cost of rhe Funds sholll he paid by the I mpluycr, if ho n<itffied hy the Trustees of
Funds. for I he remaining duration of the Agreement
Payments covering ciuitjibutKiJis lo the NE DC DPClMA Welfare Fund plus Vacation Benefit*
Annuity Fund, Apprenticeship Fund, ihc Cement Masons’ l/jcq] 780 Pension Fund, the Cement
League Advawnnent and Promotion Fund (“Cl API T. the Cement I eague, rhe 1 n&d 780
I .uhur-ManugcrriuilE Trust Cooperation, and bi EDC OPCMlA 1 Jrgiui/iiig Fund. the Nii DC
OPCMlA Education Fund jnd ihu I nion Duw< huck Off shall be made weekly. Gonti^utions
required io he made in Fumis gbvernisd by ERISA huuLiinc Fund assets and Fund property of
Hwh respect i \ e J und i rumudi ui uly tipciri iIll dale on which the contri but ions r Hi due ii So
provided I or by ibe respective Fund Trust agreements.
A single lT.ucE coveting the combined, ctuitrihLiiions due to ihc abovr-mentiDndd Funds and
Entities shall be mode payab le ici ilia “NEDC of (he OPCMlA Fringe Benefit Funds” and shall be
submittod to die Fund office. This chuck, along with a tomplctcd and signed remiiidimu nepoct
(which is prepared and approved by the I und k must be submitted to Ilie shop slSward or ( ’ement
Mason nd the job on the employees’ regular pay day. who shall in turn icnty the conectness of
lllC a num nl and die number of employees cni’cicd and subinii I Ibu chuck til hl report 1c the Funds
Office.
l-aiiuru hy nhe shop siuw.ind or employee to iitniwiLululy{hul in no even! later than three calendar
days differ pu> day} forwaiii^fiid check or checks to (he Fund Office shall subject the employee
in such ixnalLies as in (lie judgment of die t rustees arc wmHritoA
Where san employee is laid off and receives Eiis wago; other than on the employee’s regular pay
day, said employee shall also be given ft cheek to cover -lie iionirihiLiumH due to the I unds und
liiruics. If there arc no reportobfe ho urn worked by u Cement Ma^on during any given week, the
I mpluycr is obligated u> submii diruuily Ed the Fumi office a jtaniitance report to the Finad office
i mi i lining that I here a re no report ahJe hdur.H ten I lie week. Enipiuyuvs m good Standing and
current with huiictlts due toll lu Funds, may remit benafils directly to the Fund Offiett
I he signing of this Agrcemenl, nr the signing id ujiulhLT uumnLiltnenl lu pay (/.e., the remittance
report prepared mid dUlhuiizud by die Fund utlieci ftinge bensfit conlnbulinnsh or actual
|Ktyinctit in keeping wiih the tonus of this Agreement to thy Funds und Entilies identitied by this
Ajircenujut. shall bind and obligate the Employer paying the con i ri but i in is to the temi.s and
13
0714r17306 OOI ClJRRlN”.’ 12359740.17 1
conditu.ins c1 this Agreeing and the tram ugrijcmcnitfs) cstablislmijj said Funds m the same
man tier as actually signingsaid trust agrecmenlt^
When established, (he electric remittmpe system of the Funds will he pc-imu^ibk subject to the
Riles established by the iTusi Funds.
Failure by the Employer to imug said check ami ieffiitfarice report (even in Ull event dial no
coomb uiluns arc due Ku Hue applicable week] shall because Ior die I Hiion tn rnnwve.eifitoloyees
covered by this Agreement from the WDfic p I SUCH Employer. It such men who are i ciTiciverl
remuiinU the- job site during ruguhir working limns, they slhdl be paid for lust time Out to exceed
three days1 pay.
Employers must submit. with (heir contribution’a payments, properly exeeuled remitianLe reports
for each Ccmctil Ah^m. apprentice employee, and/or residential worker. setting forth his/her
name, social security number, hours worked. intid wuges. and such foriherdatn us il<c Trustees
may frtnri time to LimedL’teTiiiLtic in locir solu discicliini lr. he nevussury. lie Ir.jslce1;, in llieir
koIc di^rutinri, may require uny I m ployer ki provide cl ectramc submission cd the Employees
remittance report as the Trustees detem in& Employem are required io use the rcniitiuncc rupon
Unucd by rhe Fund office. Blank remittance reports lor use by the En i ploycr orc available
L-IcclrcmiuLihy and in Irud copy upon request ikmi the Fund uh:ire.
Before un Employer cos crud by this Agreement ctimmenccs work on any projeet. the I mpbiycr
shall npiiiy i he Union and the Funds; Office in Writing of tliejob Eoear in n. block and lot
information i?J the projqfitj party Or jurlicn Ibrwhihm, or under whom, I he Employer is working,
enneract number. if any, for the project. If the Employer ^ils to give such iHftiilcutiuiu the
Employer may be required to pay a SID.ODO.nu udjiiinistratian fet mode payableto (he NFDC
OPCMEA Fringe Benefit Funds.
Anything to the contrary ririwithsuriihug. the Trustees of the Funds firing (he term nf thia
Agrccmtnl may al any time change the method and nianncr of payment and reporting for Ihese
Funds 80 as II> Ensure [niirx.’eiJ’LCiun( colk’L’don und diMrihu[ieii.
\n> Einpfoyur or contractor that is delinquent in pitying its required weekly L’tintribiiiioni fo the
Funds and Jmiitics nhall pay ten percent ( lO”uj interest per annum mi all laic paymcuis and or
any alha ialt afuncrest or amomt as may he dei^minctl by the Trustees of the Funds,
I l:e Surely Bond is waived for al I Association Employer members. If the EiRployer is found
l hrou ph an audit to bu de I it iquu j 1 1. u ccum milce ।i ; i he 1 n i h1uc^ of the Fluids w i 1 1 rf^cide fl n y
further cuurse uT jclion.
Payroll Audit Rights; Employer books and records shall be made uvallablt upon demand by the
Funds and Entities – or their repiesenluLisus – at all reuMmablc tinier for nspccliun ju<l audit by
but not limited to. the acckiuiilaitt, outside lEHk-pendent uuditum or udier represen lativuH dI’ the
Trustees of the Funds and Entities I he Employer shall be required to disclose upon such audits
jlII payrolls mill., puyndl ledgers including dffiuc payrolls, yard paxwiu. New Y^rk payrolls.
New Jersey payrolls, coEiipulur payncdl primcmls. V, -A forms, quajleriy federal puynill tea returns
I4
671« 76M-DCM CURREWIJ123«^U3vt
(Form 941 ), quarterly state payroll tax returns, annual federal and slate tax returns journals,
purchase journals, New York State employment records, insurance company imports, Employct
remittance repons, payroll and supporting cheeks, ledgers, expense vouchers. 1 099 forms, 1120
forms, cash disbursements, check register, evidence of unemployment insurance contributions
payroll tax deductions, disability insurance premiums, certification of workers compunsutiori
coverage, checks in support of any governmental filings or tax payments, reuiitiancc reports and
checks in support thereof and any other documentation cimccmmg payment of fringe benefit
contributions for hours worked by employees rem il Led lu multi-employer fringe hcncfi; funds
other than the Funds described herein, and any other items concerning payrolls. l urlhci, the
Employer shall dischwe the job location, block and lot, owner of job huulion, party or patties thr
whom or under whom the Employer is working, contract number tor project and Employer’s
Journeypersoiis working on job and other relevant job requisition breakdowns, job requisitions,
job time sheets or, if required by contract, certified payrolls, plans, specifications mil ocher
relevant job information. In addition, the aforementioned books and records of any affiliate,
subsidiary, alter ego, joint venture or other related compuns (iflhe Employer shall also be made
available at all reasonable limes for inspection and uudil by. but not limited to, the uocounlants..
outside independent auditors or other representatives ol the1 indices of the Funds Lastly the
Employer is obligated to provide to the Furuis’ audiUil or representative any document, record or
intOEnialiun, as deterniiiiEd necessary by theTrustees of the Funds, to dtfcnntne contributions
and dues that are due and owing to I he Funds and Entities
Anv Employer who cancels or frustrates tin audit, which the auditors have scheduled, sliall be
subject to a charge of no lew than $500,1)0.
The Employer shall retain, fora minimum period of six (6) years, payroll and related records
necessary for the conduct of a proper audit in order that a designated rcprcsentuiivc of the
Trustees may make periodic review to confirm ihat uutilri but ions owed pursuant to the
Agreement are paid in full. In (lie 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
1heir sole discretion, may determine that the Employer’s monthly hours subject tn contributions
for each month of the requested audit period are the highest number of employee hours for any
mouth during the twelve f 12) preceding months audited, or paid, or during the last twelve (12)
mimihs for which reports were filed, whichever monthly number of hours is greater. IT the hours
reported by employees exceed such amount, the hours reported by such employees shah be uacd
as the cnicnon of delinquency. Such determination by the Trustees shall constitute presumptive
evidence- of delinquency. Prior to making such determination, the ‘1 rustccs shall mail, by
overnight courier. final ten {10) days’ written notice to the Employer ad’. ising him that such
dcterminmiori shall be made if the Employer dues not schedule a prompt audit. Nothing herein
shall mean rhai the Fumis relinquish their right to commence legal proceedings to compel an
uxumi nutinn of the Employer’s books and records for audit
If an Employer is in default on weekly contribution payment.-: tn the Funds and Entities, or if an
Employer fails Ui make payment of contributions due ns determined by an audit of its books and
records and three{3} days’ notice of such default is given to the Employer, and such default is
nm cured by the Employer within three < 3} days of the Funds issuing such notice, the Union may
remove employees covered by this Agreement from the work of such Imployet. It’such
15
6719/1raaMtH CURRFNT.’133W74C3U1
members who are removed remain al the job site daring regulai working hour!,. they sJialt be
paid iin hwl time not (jOuKuced tl nue days’ fiay.
tn the event (he Employer does nut make timely. payment ufcoirtri buttons as required herein, ilia
agreed that the Emjdnyor shall bo liable Ibr tho payment of such cuntribulioot and dues
checkoffs with interest of ten I 10%) perecni par annum plus liquidated dainages of twenty (20%)
pcicun I per annum oi’U^ amount owing ami all caits including. hut not I united tn. reasonable
audit and accounting dipenses, witness,costs, attorneys’ fees and court cosa, These amouhis
maybe bi licit to a ©iinquent Employer and arc due once hilled, even if an audit has not been
completed or conducted.
li shall he 3 vi^ntion olihe AgreeineTii for any Employer to ini] to furnish proper hooks and
records when requeued lot foe purpose! of completing an awlii I’hc Union, shall have the right w
ivmuveall its maLibers from the ofiending Employer prodded thru three (3) days’ nMioedffoe
intention to remove employees from u job is given to the Employer by foe I mon by certified
mnl. Ifinch meofoers who are mturn’d remain on the lohsiic during regular wiirking luma’s,
fogy shall he paid for lost thnt.
If. nhurthe service nFa ten f id) day demand us cum^y with the abo ve midn pwecduns
and or to pay a delinquency repi’Ned iii mi uadit. no j^sponsc nr payment is reccsi cd.
I- Linds’ Counsel may com in cnee ad id radon proceedings to collect foe till I amount of the
| contribution delinquency. he Parties | a^rce upon am aibnrnmi lor ihc exclusive purpose |
| of adjudicaiiny dulioqucnty disputes, Delinquency arijitrudon hearings will be held mice a month, or as necessary r If the I inphwtT iLds to rdfipoiid or rippear panicjpiitc in ilm |
|
| uibilraduii. foe Arbitrator shall issue nn award | foe ddinqushi Employer HkU will |
inchulc. here appropriated the dtlinqueiu miiiribLiLituis due fo tiic Funds? mbillation costs ul
twenlydive liLuiilrDd dollars tS3,5<X>jHlj, htcrcst tt eighteen pereem ^18%) per min, mi.
iiquiikdcd duuiLipL-s of twenty percent (20″ u) bf lhciig|inqucnt cmiirihniions. rufisonabte
attortwytf fees, ami licIlhI voull costs i^d audit wsfsi If the I in ployer feilM io .suhoiii to an
nudik I he ArhilrdUH- may dirixl Lhe Entphiyer to silbniil 10 l!;1 audit and, in ddiJilion. m;j\
include in iJk Award, additional lees ami cwpejiscs. LiiciodEn^ without finiiiirtion. rudsnriublc
ndpmcyS* fees, vukih usSOuinicd with uliL’iiiptiiiLi ihc audit and the a dm ration costs. ffiqteOscs
and penalties described above.
I he ^Iclhsru: and ayrurd of die \rhilr:ilor -I ilII be lilial .uid binding on die Einployei
Should the L’rnp\o cr Ihil tn m’lnp-o with ihc Deci :nn and A\i .ird issued h> the Arbilrutor,
the Union may remove the workers from the dcbm|iieiu Employer until the deliuquem
Employer makes lull payment Nall iniimmK due nod owing URdcf foe Dsreiiikm und A wunl
Alsci^ j proceeding to con linn foe Decision mH1 ^wimlHi ;t Judgmunl may be Hied in US DiKlTicr
(‘oujior in any olfei court of compcluntJiuisdKtiQjL
I he Ibcsiilunt, \ see President, becrecary-‘L idasuroi . iodividuLil partner, employee of foe
partnci^Hp, oifuw, stockholder, proprietor qx employee of die qgiporation, coinpany. joint
cent utc nr proprietorship acknowledges that he orshu is vested with the authority and cuniml
lb
6/1& ‘■ –B86-CUM CURREN। 12iW ।
over the submission of remittance reports and/bi pa^/ment ot colsLj ib-LiLkjn:i to the Ftadsand
Entities and acknowledges font he or the shall bo personally and hidn idually obligated to submit
thctcquucd lanittuncu reports and/or pny the required coritrlbutifflis and duei In die Funds and
Entities for all work performed by employees and the mdividuul signing this Agreement has die
authorityso to bind them ami they ate 90 hound pubHiJuit to 29 U.SiC. HW2(5) and § 1 145.
ARTICLE XIH
t he League nnd the Cl.A KF
During the term of this eontraet, all Employers signed 10 this Agreumeert shall pa\ a uDnirihuri^m
uFfoirly-lwn ($0.32) cents for oath hour of employment of Cement Masons in ucLurttuneu with
this Agreement iu I he Content Lennie and focCLAFF (Lem rm 1 eaguc Advanccmeni Program
Funds). Such con rn hull mis shall be paid to die Funds mid limn the Funds DiTlice.siij.il remit
51).i 0 1o the League and SO. 16 to (he C1..M*F.
The League and the CLAfrl Shall rciiTibibrsr 1 he Funds tbr ell Wpcnscs incurred in ihc coliccrfon
arid distribution of cont: ihuliuns, which amount ^hall he deducted by respective Imrids from rhe
contributions payable ov er to the League and th-c < LAFF
ARTICLE XIV
L niiOn Ddex Chptkuff
The Employer shall deduct die appropriate contract rate fur each cmegpty of worker, per hour for
etieh hour paid by the employer per this Agreement, os die employees’ 1 mon dues and
IntcniiLLioritil I nkni due- which Is provided in I he employer:!- ‘ last Signed authorimtion made in
conformity with foe previsfonsuf Sccumi 302 ofthu Labor Mmiaganant Rulatrons Act and shall
transmil such deductions together wilh rnc contributions tn l hi’ Funds an.l Fntitics. I he I mpJnyer
shall deduct the uppropriatG contract Rite for cadi category of wnrtrerh |ht hour for each limn
paid hy the employer per rhi s Agreem cm , dice m ployMS’ con r r ih ut1cn to 1he Organ i?!ng and
Education Fund.
Each EmployEt shall submit to each of his employees, for a vnl tin Lary signature in duplicate,
dues check-off uuthorizuii en cards furnished by the Union, one copy of which shall he retainad
iiy lilt Eilipluycr. and tile other rc Lurried Lu I he ufLicu dT[lie 1 num.
ARTICLE XV
Uorldng Cortditloni
t cmciit Masons shall he permitted tn seek employ mem mi any job ol un Lrupfoytr where uri
cmployrnrrtt effict; is nor maintained on thc.job Jj’m employment Office is iiinnHaincd. Lin.-
ii Mei nan ui hiring agerll 1:1′ the In ^pk 1 ver sb j I i he wnvci i i cm I y uccussi hl u Io upp 1 1 uh ills fur wrirk
at least once 2 day.
Neither party during the life of this Agreement is to adopt any working rule or rcgiilatioiL winch
isdpntmry to any ofib^clauKs in this AgmniniL Neither shall cithtar party attempt to cnfoiuc
any wmkniiJt mlcs wl ch have not beefl approved by the .knm 1rade Arbi nation I ku rd.
17
0T1SKI7a6MM CURREN”R1235974O3w1
On dll pours of 2,500 square Leet or more using wet screeds, there shall he a minimum of three
13) Cement Masons and one ( 1 ) Apprentice on a 16-foot straight edge or for lesser pours, one ( 1 i
Cement Mason per tour (4 j feet of straight edge during the entire pulling up and sc reeding
operation.
On all finished steel deck high rise construction work. there will be a minimum of three (3)
Cement Masons and one Apprentice for I he first three ihnusund (3,000}square feet. ! here shall
he a mm I mum of one ( I ) person for every fifteen hundred square feet ( 1 ,5DD) from 3,1Kid square
feet up to 19/1(10 square feet. After 194XM) square fuel iIktu will be a minimum of one person
ibr every two thousand square feet. When pouring ij specific type (if finish is required (c.g., hull
float, broom, etc.) the contractor shall contact the Union to have a Union rqwcscruulive meet on
i he joh situ with i he job superintendent, Cement Mason ibrernan and joh shop steward (if already
placed on the job) to discuss the number of persons needed in confornuktiuc with standards
prevalent in the area.
When power-vibrating screeds are used, the number of workers shall he only as required io
operate the machine pn highway work.
Onreinibreed high rise constreelton, there shall be u minimum ofihreu Cement Masons and one
Apprentice on all pours of up tn 2,500 square feel i with pruportfunate manning for lesser pours)
and one ( I ) pemon for every fifteen 1 1 ,500) hundred square feet.
lithe laser screed is used for pulling up, there shall be a minimum of three Cement Masons and
one Apprentice for the first five thousand square fed. After 5.000 square leet and up to 20,000
square feet, there slmll he one Cement Mason for ev ery 3,000 square feet. For anything greater
than 20,000 square feel, there slud I he one person tor every 5,000 square feet. Apprentices shall
count ns Cement Masons.
A Cat screed rm Q-deeking shall have four workers mi the first 3.000 square feet, and then one
person for every additional 2,000 square feel
A Cat screed on reinforced concrete shall have four workers on the first 3,000 square feet and
one person for every additional 1,500 square feet,
I here shall be mnnunjKiwcr quoins lo operate any mechanical equipment.
There shall be no restriction on use of any tools.
Each floor shall be finished an accordance with the di reclion of the Employer
All Cement Masons are io have verbal eominurueation at all times with the ground floor when
they are working seventy-five (75) Leet or more above the ground floor during overtime hours
Prior to the use ofu Laser Screed Machine, there shall be a pre-job conference between an
employee of the Contractor and the I mon representatives.
1^
7M6-ea4 CURRLNni235S7«3v1
After the pull up is completed, the number of persons retained on ihe job will be under the
discretion of the foreperson. The iub shop steward shall remain on the job site with the
foreperson to ensure that the overtime hours are distributed fairly and evenly umongsl all
employees on the job. provided they are capable of performing specific duties.
Whenever a slab is two (2} leer or deeper, (he foreman and shop steward will start when die pour
starts and the balance of the crew to finish will be hired at 7:(Kki.m, or8:00a.m, or before, if
needed.
ARTICLE XVI
Futilities mid I .quipment
Employers arc to pruvidu bicker sHlisfoctory Io the Joint Trade Board in every new building or
altcralions subject to their conirtil on which they are doing work. A satisfactory locker shall
have ihc door hung in such a way that lunges cannot be taken off while ihe door is dosed,
without breaking the door, ‘1 ho lock must be a mortise lock or hasp and staple bolted through the
door, or a safety hasp which covers all screws; in any case ii must be impossible to open the cfoor
wiihoui breaking it nr the lock
A member of the Cenuml League who has complied with ihc requirements o I the above clause is
only responsible for loss of tools and dodiing due to the burning or forcible entry of the locker,
such Itahii ity shall be limited to a sum nut to exceed
$100,00 for tools including overalls
95.00 for overcoat
60,(Hl for clothing
20.00 for shoes
upon (he submitisioji ofpmpEr proof nt”loss (a the Jaim Trade Huard
In buildings twelve (I?) stonesand over where an elevator is not provided for transportation of
workers, (he Cement Masons shall not be required to be above the 6th Hour before their sped lied
starting time, \\ here an dcvatui is piuvided, Cement Masons are to be at rhe location of theii
work at starting Lime.
The Employer shall provide adequate scaffolds to assure the safety of the workers.
All employees shall furnish adequate tools for the performance of their wink escqit when special
(mils such as carborundum stones, special io i me ri ur chisels m other special tools are required.
The hard hat is the responsibility of rhe worker to furnish and wear on the job site at all times.
The worker is financially responsible tor replacing the hard hat.
ARTICLE XVII
Safety and Security
l he following protective and safety measures shall he taken for the protection of Cement
Masons:
19
671Bruges, och currents ।
(a) (in open slab jobs. subject lu wcdlhet conditions, the proper rain pniiueliun shall be supplied
by Employers tolhc Cement Masons. ( Jaloshus nr pullovers shall be liimishcd by the Employer,
and the Cement Masons shall be responsible tor their proper care of such equipment.
(h) (hi jobs where grinding machines, or other dust producing machines, arc used on floors,
walls or ceilings hyl he Cement Masons, the proper respirator with an ample supply of filters to
be supplied by the Employer.
It) On jobs where ihc Cement Mason is required to chip, cut and bush hammer, the proper safely
goggles shall be supplied by the Employer
The Employers agree to explore the feasibility of providing emergency use of personnel
elevators during periods of overtime work on jobs where such elevators arc already provided for
die ( emrnt Masons dunng regular hours.
Not ‘craent Mason shall he lull on ihe job alone There shall always be another man on the job
site (not necessarily a Cement Musiml who shall he on the payroll of the same Employer on job
site. I he use of safety equipment and safety appliances by Cement Masons is mandatory. I he
failure of a < ’ement Mason to use such equipment and appliances furnished by his Employer
shall he grounds tor dismissal
There shall he a !mieiy meeting on job sites at least once a month between the simp stewards and
the f mployer to prevent unnecessary accidents. Empiovers shall cooperate in observing all
safety regulations on the job site, Employees and the Union agree to cooperate fully with the
Employer’s efforts to comply with federal mid state safety laws and regulations, including
without Ihnilatiurt the applicable OS] E A and other health and safely requiremenls concerning the
COVID-19 virus ..mil any .md all future public emergencies. Employees must perform their work
at all times in a safe manner and protect 1hemselves and the property of the Employer from
injury or hann consistent with iheirobligHiiuns under noy safety plans or policies maintained by
the Employer, and tile applicable law, rales or regulations, failure to do so will be grounds for
discipline, including discharge. It is specifically agreed ihat there will be zero tolerance tor
unsafe conduct, practices or equipment.
Workers arc prohibited from using cell phones while working on rhe job sire.
Rhe I Inion and the Employers agree that a committee appointed by said Union and Employers
shall meet from lime to time to study farther safety measures necessary to ensure the safety and
protection of Cement Masons while employed at their trade I he Union and Employers shall
discuss and implement additional econuinic recovery measures at ihe discretion of the Union.
The Parties hereby expressly waive all pro* isions of ihc The New York Health and Es&cntial
Riglits Act (“Hem Ad“h Including Section 1 and Huciioib 2 of the stuiufe (as codified in Labor
Law 21S-band 27-dh to the extent the statute provides fora waiver.
20
671&■1Tfl&frOtMCURRENT!23MMWv1
ARTICLE XVIJt
Drug and Alcohol Policy
The consumption nt intoxicating (leoholfe beverages or drugs uh construction job silcs during
wrrkiny hours shall be foibiddetb. Thfi abw of this role shall he grounds for dismissal. The
c< 1 1isljiisp]।i mi of ।i :toxica!ing bevci ages i >r um; of drujp on u i ebsiic is।jraiuh tn I . Violotion iif
lli i4 rule is si 1 1 : i etent cmhe for dismiSSaL Drug।jt aljpoh<d test ing may be requ i rec! hy the
Emptoycryar owneih provided that ii mus! be HIPA# compiSUt
ARTICLE XIX
Validity
If the courts ^ln?nLiL decide ihiu .mj du use or patt oh his Agreement is unconsiirmicinal or ffle^
or should any clause uj”|urt of this Agreement be found COrtl mry to present hr future laws. U
shall not invalidate the other portions of this A^jeciuem. it being the (ole inter! and purpose of
this Agrermeni is to promote peace and hanmoiiy in the cm II along lawful lines. The pm vision
held to hi unlawful shall be modified to comply with the r-equHtmen’B nf suite law nr shall he
rencj-utiaLcd fur die purpose of udw|iuUc replacement
ARTICLE XX
.lurisdietiorml Disputes
Subject co appeal by die 1 nfon to the Refcrasoftbe Build mgTrades ilepadmcnl of the
American Federation of Labor. disputes be tween trades anJ disputes rehtive Id questions of
imisdii.Lnjji of trades sled I he adjusted in ftdcordsmcc with flic method sat forth in (he Jenni
Arbitration Plan of the New York Budding 1 radcs adopted on. July ^Lh. 1903, and amended on
April 22rul, I9D5; ami a I tied h tons rendered there under or by the refense, determining disputes
arising out otThe «mfliefingjuriKdiitfjtMllil claims Of the vunirus trader shall be rccujTpizcd by
ami he binding upon the panics hereto, except to the extant thai SocLiou 3 id die said. Joim
ArbiiraLitin Plan requires the Employer to employ only mcmbcniciThe t mon directly or
indirectly through subcontractor of otherwise. Pending JeiErrni nation NTuiv drpnlL! under the
J tun i Arbitrary m I’hm, employee members of the Union slu I remain id woci on the project
without Change in Slatuii.
ARTICLE XXI
Trade Boards
All on m plaims, dis]iuics :md dittercnccs arising under dii: Agreement between the AssoeUtiojui
and the Urjjdii or between any Employer and smy (snploj’CE shall be referred 10 the Joint hdde
Boani o l’ thb Cement League (the “J I B “) Should (he Joint 1rude BuluJ tu reoch u de£isjonT
the iiiatieL’ shall be referred to a referee is set t&rth m riimyniph .i of (his Article i he Joint
imdc Bpard and/er the referee art hereby empowered to heir; adjuht and decide the mutter al
issue mul a. decision by either of these iwn agciK les shall be final and binding on nil partits.
21
ft719TVB66 CUFfftEKT/ia!S9M03vi
There shall be a Joint Trade Board which shall consist of al least two (2 1 and as many as 5
members of the Cement League Association appointed by the Association and at least two (2)
and as many as live (5) members ufthe Union appointed by the Union, whose term of service
shall not he less than six. (6) months. TheJTB shall meet within ten business days after written
notice has been given by either side to meet tor a specific purpose,
In voting. the Employee, as such, and the 1 mon, as such, slndl cadi cast an equal number of
votes, irrespective of the number of JTH members present and voting and in the event of a tic
vote, or failure to reach a decision, the matter shall he submitted within three (3) weeks m an
impartial referee who shall be selected by Ine Joint Trade Board, Any and id I expenses in
connection with such submission shall be equally divided between mid paid Ibr by. the parties to
this Agreement
Any Employer member of a trade board ilircclh involved in any case brought buroru this Board
shall withdraw from the Board until the case is settled. An alternate shall be selected by die
remaining Employer members to till the temporary vacancy.
Any Union member of the Hade huunJ directly involved m any case brought before 1lic Board,
shall withdraw ftum the BoanJ until ihc case is settled, mid an alternate shall be selected by die
remaining Union members Lu Lill the temporary vacancy.
ARTICLE XX II
Universal \greemenl
11 the Building I rades Employers’ Association and the Building & Construction I rides Council
of New York shall execute a universal agreement establishing uniform hours and wages tor [ill
trades affiliated wnh ihc said Council, then Article V & VI of th is Agreement covering hours and
wages and Article XV of this Agreement covering duration, respectively shall be changed io
conform to ihc universal agrocmein if and ns required,
ARTICLE XXIII
Supremacy tlmse
This Agreement represents the complete understanding of the Parties- This Agreement may not
be modified, untended or supplemented withuui ihc express written consent of the Parties who
have actual authority to hind the Parlies. This Agreement shall supercede any conflicting
cgrccinentH, wnh the exception of a universal Bgrttmcnt as provided in Article XIII
ARTICLE XXIV
Duration
This Agreement shall continue in lull tinw and effect until terminated in accordance with the
tcrais of this Article.
This Agreement went into full three and effect on October I. 2020. and shall continue in full
force and effect until the close of business on June 30. 2023 Either party may terminate this
77
u/rairaw-otn currem™ i
Agreement at miLfoighi on June 30. 2023, by notifying ihu other party in writing at least sixty
(610 calendar days prior to such date 1 1 no notice of termination is given, this Agreement shall
autoniatically continue in lull force and effect for successive renewal |H-ifods of one i 1 1 year
each, subject to the right of either party Io Icrminatc this Agreement at the end of the renewal
period by notifying the other party in writing no later than sixty (60) calendar days nor more than
ninety (90) ciilcndar days prior to the end of such renewal period of its intention to term ii late the
Agreement The parties may change or alter, upon mutual agreemeni. this Agreement and such
changed m- alterations shul I not affect the can i inuniion of this Agreement.
IL either party desires tn terminate this Agreement and notifies the other party in writing al least
sixty (60) calendar day’s prior to June 30. 2023. such party will have the opportunity to present
proposed changes and aqaendmeots to the then current Agreement up to and i ncluding the first,
formal negotiating meeting of the parties.
If on Employer is no longer a member of the Cement League,, such Employer becomes an
independent uuntrucKir, and will he obligated to pay all wage & fringe benefit costs incurred un
an independent contractor per this Agreement.
ARTICLE XXV
Forte Mujeurv
“Force Majeure Event” shad mean the occurrence ofatty uf the following cvcnix or conditions,
provided that such event or condition either (i) forces, requires or compels the Employer io cease
operations either partial Iy or entirely; fit) presents significant challenges for the Employer to
perform its ubl igations under this Agreement, mi) frustrate?! the underlying purpose of this
Agreement, or: (iv) makes ii economically impracticable for the Employer to perform its
obligations under this Agreement: fire: nut; power hsilurc; Act of God; wars or war like action
(whether ucluul nr Threatened and whether conventional or oilier., including, but not limited to.
chemical or biological w am er war-like action); sabotage, terrorism or threats of sabotage or
lerronsm; explosions; burst pipes. equipment failure, building failure, epidemics, pandemics,
environmental hazard. health hazard; weather or natural disasters (inchiding, hut not limited to,
tires, floods, droughts, hurncaiics. tornados, stonns nr earthquakes); any governmental order or
action (civil nr military), and: any other similar event or condition; provided, however, that none
of the foregoing enumerated events or conditions is within the reasonable control of the
Employer,
Upon die occurrence of a force Majeure Event, the Employer shall in its discretion be privileged
to deviate from the terms of this Agreement. Moiwithstandmg the above, should the Employer
deviate from the explicit terms ol’ihc Agreement, the Employer agrees lu meet with the Union to
discuss the effed of such deviation and to discuss possible altcnnitivcs that the Union would like
to propose.
Upon the occurrence of u Force Majeure Event lasting mere than todays the Employer shall
have the right to terminate this Agreemcni 5 cnlcndfirdays following delivery to the ( hiion of a
written notice of termination Following delivery of such written notice of icrniination, the
Employer and the Union shall engage in good faith negotiations for the purpose of entering into a
23
071W17B6O4XM CURRENT.1123S0MO3v>
successor agreement, and during such period die provisions of the No Stnkc and No Lockout
clause shall remain io lull eflctt.
ARTICLE XXV[
Hardship Committee
Either Business Manager of the Union or his designee and the Executive Director of the League
of his designee shall evaluate whether wages and/or ratios ami or other working conditions shall
bu adjusted to make the Association contractors more competitive in bidding projects. I he
committee shall also evaluate whether it’ allow the use of Provisional workers op commercial
projects.
ARTK LT XXVII
Sick Time Waiver
The Parties hereby expressly waive ciiv ami state legislation regarding paid time off, including
the New York City Fumed Sick and Safe I imc AcL the Westchester County Earned Sick l eave
Law, the New York Paid Sick Leave Law, N.Y . Labor Law § IQo-h, N Y Labor Law l96-cr
New Y’orK Paid Family Leave Lijw. NA’ Winkers’ Comp, Law $$ 200-242, and any potential
city, stale, nndhr federal legislation to guarantee a ucriuin paid time off or vacation benefit to
employees Hint exceeds or is different from ihc hencin provided in this Agrcemcni. Further. the
Parties agree and acknowledge that this Agreement provides benefits crim parable ki those
provided by the New York City Earned Nick and Safe Time Act, New Y ork Paid Nick [jsave
Law, N-Y, Labor Law ft 196 b, and the New York Paid Family Leave Law, N.Y Workers’
Comp. Law jij 20X242. fhc Punics also agree und acknowlcdgic that this Agreement will
provide benefits comparable to those provided by any ncv. or potential city, state, and/or federal
paid dine offer v iscatkui benefit legislation lo employees covered by this Agreement, fo the
extent any new ui potential paid time off or vacation benefit legislation does nut permit the
Parties to w aive the legislation’s provisions, the Parties agree lo a limited reopener to discuss
conforming this Agreement to the legislatum in a man tier that is cost-nciHrnl io the Employers. Il
any of the waivers included in this paragraph are deemed ineffective or invalid (in whole or part}
by a court or ri her body, or the waivers orc ineffective or invalid tor any other reason, the Parties
agree to replace this paragraph with appropriate language to waive the provisions ofthe
applicable legislation
The Union hereby waives any laws, rules or regulation* of New York City OF New York State, or
any other relevant governmental entities, that reference paid leave, or unpaid family leave,
including without limitation the New York Paid Famih Leave Law. N Y Worker*’ Comp. I aw
200-242, The Parties agree ihui tamily leave benefits will be pnwided hy the NEDC
OPCIMA Welfare Fund.
671an7866-004 CURRENT.1!2SM74C0V1
ARTICLE XXVIII
Minnlag of Jota
In the jEmptoymenl pi workers covered by thia AjpcomenL the following provisionsshall govern;
1 he I. nion shall csiihiisli and maintain anopen cmpluyEiiuiit list lb: the employment of
competent workers 10 be supplied by the Union as provided in sub-division (2) hereof Such I igi
shall be established and Jiiiniiliinnnl on a non- discriminatory basis and shall no* be bu^cd cm, or
in any way effected by Union membership* by-laws, lulus, regulations c> msdi niiijniil providin’*,
or LUiy. oilier aspect nr obligation of 1. 1 rd on membership. policies or dR[uiretnents.
Whenever desiring lo employ wortem the Employer’shall mil upon the Union or iis agjmt Ibr
fifty percent of such workers as the Employer may, from time to ti^c need, and the UiiIoei or its
Agent shall refer such workers from Ilie open employment list. The Employers shall have the
right to employ fifty pcicent of the workers directly.
[he Employer shall retain die absolute and unconditional right to reject uny worker referred by
tlie Union.
The Union, tn referring workers, shall give consideration to and shell bo governed by the
tolling ing criteria, which ihtil] be applied in a nuadisuriminatory manner, us provided Ibr in
(( i above; (a) recent employment by a particular Employer now dcsujugtu re-employ lite same
worker provided hcsJic is available; I hr length of prior enipInymeiH with any Employer parly lo
this Agreement^) compclOtKy and cipcricocc m the pert^gmance of (he particular tasks
involved in the jab ta which referral is being made.
Nb Employer slia 11 enter into a conii-uct with nn\ oilier person, pun need up, firm, corporation or
joint venture tn perform bargai ning unit work an flJobsite imLvss Such uthuj person, partnership,
firm. coiporaticm ar join! venture lias uignsd an Agreement with the 1 man or is a member otan
ussociaiion which has signed an Agreement with the Union on the member’ d behalf.
it jui Employer covered by this Agreement nr any such owner or principal forms or acquires by
purchase, merger or othciWEse, an interest. whether by ownmhip, stuck, equitable or managerial.
:n another ctimpumy, corpop^oru partnership or joint vemurc. performing bargain।ng uni* work
wjihin ihts juri.hdicLiuji, ihia Agreement dial I wver such other operation und such other
buiLimiii ng unn employees shall be constderedan aeci’itiiin to liw bargaining unit.
All inulhods of Emplnycc Leasing mv prohibited. To confirm this, when an EmploytT sigtw with
the Union, the Erf^Joycr’s rame (acctrtripfmied bya copy of the corpnrjre papers verifying
rianiel as agreed and fixed on (he Association oj independent collective hisrjiainLn^ agree in cot
must be the same and ouls name that appears on the employees’ weekly pnyroli check, must be
tfic seme Jttid on ly name that appearson the weekly fringe betielit check to ihe Uhldu ‘1 rades. and
the same und only name tlui appears as Ihe “insured” on ihr workers ctmipduuitiun policy
{accompanied by a copy of die workers bpjnpensatUin policy venlying the mitue} with the
LLccnilkatc holder” btiiiijr tho Union I rade employed.
25
11719/1 7M6-<K1-1 CURRENT/1235974Q1V1
The Cartent League mid Loc^i 780 United Ucmcm Menons’ Union nincc to explore soIluhhls to
reduce the I cost ojjworker’s carnpensLitian and gcnurul linbihiy insurance in order to
allow them to bid Mmpetftiv^ ^inst non-Union .entities
AKT1GLEXXIX
No DiBcriminntinn
The Employer and the Union agree there will be no discrimination against any umph^Le, or
.ippliunnl tor employment. with respect Lu union memb^hip or race, relLgimu’ereed. uulor. j^xr
lender (including gender identity and sexual harassment). pregnancy, nge, national origin,
disuhilily, sexual orientalion und’Or affculiimal preference. immigration, or citizenship status,
credit history, salary history predisposing genetic characteristics, httcsi or conviction record,
miEitary stufos. unemployTnenl Mutux, caregiver simas, marital status. partnership sLuiiii, or status
ax a victim of ^tiineslic violeiiue, xtalkijig ami mS; ullunxux, or any uthtL’ LharaL ltjisltLa protected
by federal. state or focal law in fill pmploymcntdB&isicms, including but not limited to
rceiniiincni, hiring compensation, training and apprenticeship, promoifon, upgrading. dL’miithon,
duwncjndiLLg. transfer, lay uff arid Irani nation, and alt Ollier leti i in JI nJ conditions ol
emplcg^ncnl, except as provided hy law, The parlies to this Agreement shall post in places Where
rtoHiieji tn -einpJoyees and applicants I L)r<snpfoyrti£nt are customarily posted, all gf’Uils Aniicie
XXIX.
ARTICLE XXX
Most Favored Nations
If the Union enters into any Agreement with an independent Employer (” Independent
Employer”}or oi her association performing work set forth in Article IV which previdts more
favorable torms or cuiidilLuni id Lu suuh iiidopuuiLoL EuipluyLi when per loi’mirig
work id forth in Article IV [h:m tine provided for in thia Agreement, .my Employer may secure
these more favorable fen ns and cond ii it ms of empfoyimml fbr cmpldycc^ K employs performing
work specifically of the kind performed by the Independent Employer or other association by
nfliiryblg the Union in writing that ii will implement the more Favorable terms mi u oerkiin dme
anil hy iden Li tying the p0j$anlar project hi prejecte when! It will iiiipiemujil the mare Wbrable
Denns and conditions; pflpvidcd however, the I hie ay require, hy written notice to ihc
Rmploycr, that same urali ofothSi’ tcims rmd c&mJitinnii of employment in iis agreement with
the IndcpcndcLit Employer tn olhcr assoctaLicii that are related to the mare fjvumblu terms and
cMdltfons nhall also be Lmplemmttid
Should lite Lunon knowingly allow emplaces whom il repttsaup Lo work for ennipetltDrs of Lhe
of Employcis covered by this Agreement for h vagc -mJ or Ihngc bcnetii package Ires thun Lhai
u^trn dished by this Agreement or under cond limns iiinrc Lisiliable in the Employer than the
wages and conditions contained in Hus Agreement shall Lnuncdiately be changed to contemn to
the more favorable cOiSditfons ns shown to exist,
2d
G-‘1‘ i- 1 ^G6-0l>1 CURREN’ 123MWu
ARTICLE XXXI
Effecting CJmiw
The parties hereto, hereby mnkean^ (truer into this Agreement, and in witness whereof, we, ihejr
duly authorized and empowered representatives, have,hereunto set our hands and sea] this 1”
day of Odnher ]. 2Q2Q,
For the LEAGUE
For ihe Union:
UNITED CEMENT MASONS’ UNION, LOCAL No. 780. OF THE
OPERATIVE PLASTERERS A CEMENT MASONS’ INTERNATIONAL