MEMORANDUM OF AGREEMENT 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 The Cement League on behalf of its members (the “Employer”) and the United Cement Masons’ Union Local 780 (the ·’Union”) have concluded negotiations for a new Collective Bargaining Agreement (“CBA”) to take effect on July 1. 2023 through June 30, 2026. During these negotiations, the Cement League and the Union agreed as follows: 1. The term of this memorandum of agreement shall be incorporated into the collective bargaining agreement covering the period of October 1, 2020 – June 30, 2023 (the “2020 CBA”). 2. Hourly wages and benefits for all “A” Journeypersons shall be increased on July 1, 2023 by $2.20; on July 1, 2024 by $2.25; and on July I, 2025 by $2.30. 3. Hourly wages and benefits for all classifications of apprentices shall be increased by $3.50 on July 1, 2023; by $.50 on July 1, 2024; and $1.50 on July 1, 2025. 4. In recognition of the economic disadvantages confronting union employers in the HighRise Construction (vertically-constructed) work industry due to the open shop bidding with non-union contractors, and in recognition of the dramatic loss of market share due to these economic challenges, for members performing covered work on these High-Rise Construction projects the increases shall be as follows: a. On all categories of masons, other than apprentices, hourly wages and benefits shall be increased on July 1, 2023 by $.50; on July 1, 2024 by $1.00; and on July 1. 2025 by $1.50. b. The Pension and Welfare Fund contributions (whether for straight time or overtime) will be paid at straight time for every hour worked; all other fringe benefit contributions will remain the same consistent with the 2020 CBA. All increases shall be allocated to wages or fringe benefits at the discretion of the Union. 5. N.Y.S. \Vage Theft Law. It is the intent of the Parties to waive Labor Law Section 198-E, pursuant to Labor Law Section 198-E (10). 6. Bonding Requirement for Habitually Delinquent Employers. All employers who are bound to this CBA shall post either a cash equivalent or a payment bond (that allows for a claim to be filed within ninety (90) days from the date the NEDC OPCMIA Fringe Benefit Funds (the ·’Funds”) become aware of a delinquency) with the Funds in the amount of $50,000 to insure payment of contributions to the Funds with the following exceptions: a. Employers that have been active and good standing members of the Cement League for at least two years shall not be required to post a payment bond, or cash equivalent, unless they become repeatedly delinquent, in the sole discretion of the Trustees, in the payment of contributions to the Funds. b. Employers who have been signatory to a CBA with the Union for at least five (5) years and have no record of being repeatedly delinquent, in the sole discretion of the Trustees, in the payment of contributions to the Funds may have the requirement to post a payment bond, or cash equivalent, suspended. If the requirement to post a payment bond, or cash equivalent, is suspended or not required pursuant to paragraphs (a) or (b) above, the requirement will become effective if and when the employer becomes repeatedly delinquent, in the sole discretion of the Trustees, in the payment of contributions to the Funds. Cash equivalent means a check that will be held in an interest-bearing escrow account maintained by the Funds or a Certificate of Deposit designating the Funds as the beneficiary. The employer sbaJI be entitled to receipt of the interest on the money it contributes to the escrow account and/or the interest earned on the Certificate of Deposit. The deadline for an employer to secure a cash equivalent or a payment bond under this Section is 90 days after the date on which the Funds send a written notice to the employer informing it of the requirement to secure a cash equivalent or a payment bond. Ifan employer fails to post the appropriate bond after the Funds send such notice, the Funds may bring an action to enforce the employer’s obligation and may initiate arbitration proceedings against an employer who refuses to post a bond. The Court or Arbitrator may direct the employer to 2 post a bond and. in addition, may include in the Award, additional fees and expenses, including, without limitation, reasonable attorneys’ fees, costs associated with attempting to secure the posting of snch bond, court or arbitration costs, expenses, and penalties. Any arbitration proceeding initiated by the Board to compel posting of a bond will be hear{!_ by an Arbitrator designated by the Board of Trustees. All other terms and conditions of the Agreement between Local 780 and the Cement League that expired on June 30. 2023. unchanged by the language above, will remain in full force and effect. FOR THE EMPLOYER /-{i? L 5A-iG-<} Na Signature ? /11~ 3 Date 3 139689009v1
