Agreement between the cement league and the international union of operating engineers local 15 and i sa affiliated with the afl-cio july i, 2020 through june 30, 2023 2 this agreement dated july i, 2020 between the cement league, party of the first part, and the international union of operating engineers, local 15 and i sa, party of the second part, hereinafter referred to as the “union”. Section i. Article i object to establish and maintain wages, hours and working conditions for the work on building construction covered by this agreement in the territory to which it applies, to prevent strikes and lockouts, to insure the peaceable adjustment and settlement of any and all grievances, disputes or differences that may arise between the parties as such or between them as employer and employee, and to provide for the adjustment of disputes between trades. Section i. Article ii principles the amount of work a man may perform shall not be restricted by the union nor by its representatives, officers or members, and the use of machinery, tools, appliances or methods shall not be restricted or interfered with under the terms of this agreement. Section 2. The business representatives of the union shall have access to the work at all times. They shall comply with all general conditions of the job regarding passes, entrances to be used, etc. , but shall in no way interfere with or hinder the progress of the work. 3 section 3. The employers recognize the union as a source for the procurement of skilled workmen and maintenance engineers, junior engineers, firemen, apprentice engineers and oilers and agree to employ such workers who are members in good standing of the union or who become members thereof, seven days after the commencement of their employment, and the union agrees to furnish such workers when requested by the employers. Such workers shall, thereafter, maintain their membership in good standing. Section 4. The employer associations and the union agree that they have not and will not discriminate against any individual seeking employment because of race, creed, color, sex or nationality. Section 5. The union or its representatives shall not order a strike or stoppage of work, nor shall the employees strike against any employer or collectively leave the work of an employer, nor shall any employer lock out employees prior to filing a complaint or pending the adjustment of any existing dispute, as provided for in article viii. The foregoing does not deny the right of the union to render assistance to other labor organizations by removing its members from jobs when combined action by all trades is officially ordered; but no removal shall take place until formal notice is first given to the secretary of the trade association involved, in accordance with the requirements of the general arbitration plan referred to in article viii. 4 section 6. Employees are at liberty to work for whomever they see fit, and they are entitled to and shall receive the wages agreed upon as hereinafter set forth in this agreement. Employers are at liberty to employ and discharge whomever they see fit, and the employer shall at all times be the sole judge as to the work to be performed and whether such work as performed by an employee, is or is not satisfactory. Section 7. The union expressly waives any right to paid sick leave for the employees covered by this agreement as set forth in any legislation enacted by the city of ny. Article ill territory covered section i. This agreement shall apply to building construction work in new york city; i. E. , boroughs of manhattan, bronx, richmond, queens and brooklyn. Section 2. Building construction where referred to in this agreement is hereby defined as the erection of buildings, exclusive of the construction of engineering structures and building foundations. Section 3. When employers, parties to this agreement, do any work other than the type of work covered by this agreement, they shall conform to any applicable agreement that exists between an employing group and the international union of operating engineers, local 15, i sa and i sc. 5 article iv hours and conditions section i. Hours of work – eight (8) hours shall constitute a day’s work. Forty (40) hours shall constitute a week’s work. At the commencement of employment, an employee will be paid for days actually worked in the payroll week. At the termination of employment, an employee will be paid for days actually worked in the payroll week. If an employee is laid off from his work assignment and rehired within five (5) consecutive working days for the same work assignment, said employee shall be paid for the actual working days for which he was not employed, if he was not employed by another employer during the layoff period. Flexible start is 7:00 a. M. Or 8:00 a. M. — all engineers section 2. Shifts (a) a single shift shall be a continuous nine (9) hours, starting at 8:00 a. M. Except when necessary to conform with the provisions of this article iv, section 6, including one (i) hour for mealtime. The mealtime may be curtailed by one-half ( 1/2) hour. (b) when two (2) shifts are employed, each shift will work seven and one-half (7 i /2) hours but will be paid for eight (8) hours since only one-half ( 1 /2) hour is allowed for mealtime. ( c ) when three (3) shifts are employed, each shift will work seven and one-half (7 i /2) hours but will be paid for eight (8) hours since only one-half ( i /2) hour is allowed for mealtime. 6 ( d) when two (2) or more shifts are employed, single time will be paid for each shift. ( e) on jobs of more than one (i) shift, if an engineer or junior engineer fails to report for work through any cause over which the employer has no control, the engineer on duty will continue to work at the rate of single time. (f) a week shall start at 8:00 a. M. Monday and end at 8:00 a. M. Saturday, except when necessary to conform to the provisions of this article iv, section 6. (g) when an employee is ordered out and reports on a saturday, sunday or holiday, regardless of whether his services are employed, he shall receive a full day’s pay at double time. (h) in case an engineer or junior engineer is not ordered out on a saturday, sunday or holiday, and his machine is operated by another engineer or junior engineer, he as well as the engineer or junior engineer who operated the machine, shall be paid a full day’s pay at double time. (i) there will be no additional local i 5 engineers on erection and dismantling, and no other labor organization will perform local i 5 work, formerly noted in the previous cement league agreement regarding tower crane dismantling and erection. Section 3. Payment of wages – all wages payable under this agreement shall become due and be paid on the job every week and not more than three (3) days’ pay shall be held back. Wages shall be paid at the employer’s option either in cash or by check, provided: 7 (a) the check is a todd insured abc system payroll check or a similar type of check, and the delivery of the checks shall be made at least one (i) day preceding a banking day. If for any reason the employer terminates the service of any employee working under this agreement, the accrued wages of that employee shall be paid to him at the time of the termination of his employment, otherwise waiting time shall be charged for accrued wages. If any employee shall, of his own volition, leave the service of his employer, then his employer may retain his wages until the next regular pay day. Section 4. Overtime – double time shall be paid for all work performed in excess of eight (8) hours per day, for all work performed in excess of forty (40) hours per week, and for all work performed on saturdays, sundays and holidays. Sections. Holi days – holidays to be observed as such are: new year’s day, martin luther king day, president’s day, good friday, memorial day (decoration day), independence day (4th of july), labor day, columbus day, armistice day (veteran’s day}, thanksgiving day and christmas day. (a) all employees covered by this agreement shall receive eight (8) hours’ pay at the single time rate for any of the above-mentioned holidays even if occurring on a saturday. If the above-mentioned holiday occurs on a sunday, it should be observed on the following monday. If a holiday occurs on a saturday, employees, except for those manning powerhouses, refrigeration, soil solidification, wellpoint, cofferdam and continuous pumping installations and other similar type installations, shall not perform any work on said saturday 8 without the prior permission of the union representative having been rendered to the employer, and such permission shall not be unreasonably denied. To be paid for any of the above-mentioned holidays without working, employees must work at least one (i) day in the payroll week in which the holiday occurs. No employee shall receive pay for any holiday from more than one (i) employer. (b) where the workday ends at 8:00 a. M. On a saturday or a sunday or a holiday, the employer may, at his discretion, define saturdays, sundays and holidays beginning at 8:00 a. M. Of the saturday or the sunday or the holiday and continuing until 8:00 a. M. Of the following day, except when necessary to conform to the provisions of paragraph (a) of section 6 of this article iv. Section 6. Conditions (a) varying shift commencement: it is understood and agreed that because of certain ordinances of the city of new york governing certain operations such as blasting, etc. Shift hours will be arranged to conform with such regulation, etc. And such shift work will be paid for at the single time rate in conformity with the terms contained in this agreement. (b) shifting of employees on equipment: during a work shift, an employer may move the crew or an individual operator from machine a to machine b, and then back to machine a, when there is an emergency on the project or a breakdown on machine a, with no additional pay to the crew or individual operator. During a work shift, an employer may move the crew or an individual operator 9 from machine a to machine b, when conditions or logistics enable such a move only with the prior approval of either the master mechanic or the local union business representative and said approval shall not be unreasonably withheld, with no additional pay to the crew or individual operator. During a work shift, should an employer move the crew or individual operator from machine a to machine b and then back to machine a for the reasons other than those specified in this section 6(b), the crew or individual operator shall receive two (2) hours’ additional pay. During the work shift, should an employer make an additional move, the crew or individual operator shall receive eight (8) hours’ additional pay. (c) pumping: continuous pumping regardless of motor power and size is the work of the maintenance engineers. Wellpoint and river cofferdam pumps are the work of the operating engineers under the jurisdiction of local 14. Continuous pumping when using one air pump, shall be performed by the operating engineer under the jurisdiction of local 14 manning the compressor. If two (2) or more air pumps are employed, a maintenance engineer will man said pumps in addition to performing other duties as required. When a pump is used to pump any water accumulation, a maintenance engineer shall be employed to operate up to and including five (5) pumps. When a motor generator is used to power a pump, only one (i) maintenance engineer shall be required. When a motor generator is used to power a heater, only one (i) maintenance engineer shall be required. When a motor generator is used to power 10 both pumps and heaters, two (2) maintenance engineers shall be required. When a motor generator is used to power equipment other than pumps and heaters, an additional maintenance engineer shall be required. When a water condition exists, a maintenance engineer shall be employed for the pumping of all water until a temporary certificate of occupancy or its equivalent is issued. A combination of 1-15 heaters, generators (lights) and/or pumps, will be maintained by one engineer to be paid at the predominate rate. The maintenance engineer on a crane will maintain up to 5 water pumps. Well point, eductor, ejector, dewatering systems: on installation, a wellpoint crew shall consist of a maintenance foreman plus four (4) maintenance engineers. After a wellpoint dewatering system, eductor, ejector, deep well pumps or any dewatering system of a similar nature is installed and while operating, a maintenance engineer shall be employed including overtime and on off-shift jobs. No maintenance engineer shall be employed on said wellpoint dewatering system on any second or third shift. After a wellpoint dewatering system is installed and while operating, if in addition to the wellpoint dewatering system pumps, other gasoline, diesel or electric powered pumps are installed and operated to supply water to a recharge system, one (i) maintenance engineer shall be employed on each shift while said other pumps are operating. After an eductor or ejector dewatering system is installed and while operating, if in addition to the eductor or ejector dewatering system pumps, other gasoline, diesel or electric powered pumps are installed and operated, one (i) maintenance engineer shall be 11 employed on each shift while said other pumps are operating. (d) tugger hoists: where the tugger hoist is used for pulling cars, a junior engineer will be employed. (e) maintenance and repair work-overtime repair work at work site: all maintenance and repair work at a work site of any kind and description, exclusive of said work being performed by other trades, shall be performed by employees covered under this agreement. Repair work during the work shift shall be performed by the crew on their own machines or by maintenance engineers. On jobs where a master mechanic is employed, repair work during the work shift, shall be performed by the crew under the general supervision of the master mechanic and with such assistance of maintenance engineers if they are employed as the master mechanic deems necessary. If a piece of equipment breaks down and is repaired on the jobsite on overtime, the crew or individual operator of said piece of equipment shall work on the repair during the overtime period, exclusive of welding, motor and compressor work. (f) maintenance engineer: when a master mechanic is employed and three (3) major pieces of equipment are working excluding hoists, chicago booms, powerhouses, refrigeration, soil solidification, wellpoint, cofferdam and continuous pumping installation and other similar type installation, a maintenance man shall be employed. (g) saturday employment: a maintenance engineer shall be 12 assigned to work on said saturday provided at least one (i) maintenance engineer has worked on the project for a minimum of forty (40) hours prior to the said saturday except at the commencement of a project. The same conditions shall apply on overtime work. (h) concrete pumps: concrete pumps are to be manned by employees covered by this agreement under the jurisdiction of local 14 and local i 5. (i) compressor manning: exclusive of powerhouses, when compressors in battery are piped together and/or into a common receiver, they are to be manned as follows: i or 2 com press ors 3 through 6 compressors (maximum 7500 cu. Ft. Capacity such as 5-1500 cu. ~- capacity and/or 6-1200 cu. ~- capacity) 7 compressors 8 through 12 compressors over i 2 compressors i local 14 operating engineer i local 14 operating engineer and i local i 5 oiler 2 local 14 operating engineers and i local 15 oiler 2 local 14 operating engineers and 2 local 15 oilers repeat the above in the same manner (j) concrete pumps and maintenance trucks: when a truck mounted concrete pump or maintenance truck is employed, said truck shall be driven by an employee covered under this agreement in addition to the performance of his other duties. (k) (a) mechanical heaters: when one to fifteen mechanical heaters, nelson or similar types are used and every portion thereafter, a maintenance 13 engineer shall be employed on a straight shift basis. One maintenance engineer shall be required on each 5,000,000 btu heater. (k) (b) radiant mechanical heaters: when one to twenty, and every portion of twenty thereafter, radiant mechanical heaters i. E. Val 6 type or radiant mechanical heaters of a similar nature, are used, a maintenance engineer shall be employed at the rate of $36.54 per hour effective july i, 2020. (k) ( c) an oiler can cover two (2) heaters or two (2) water pumps at the dominant maintenance engineer rate. (i) job site plants: there will be a maintenance engineer employed in the installation, maintenance and repair on a jobsite concrete plant when the plant utilizes any type loading device. (m) all hydraulic cranes in excess of 35-ton capacity, shall be manned by two (2) men, one (i) local 14 engineer and one (i) local 15 maintenance engineer. (n) (a) manning requirements on erection and dismantling of all cranes will be as follows: i. The maintenance engineer assigned to the crane; 2. There shall be two additional local 15 maintenance engineers working in the gang. They shall be “hands on” in the erection and dismantling process. These people will not cover any assist equipment required in this process. 3. All assist equipment involved in the erection and dismantling process, will be manned according to the contract. 14 {b) manning requirements on the jumping of climbing tower cranes will be as follows: the crane crew: one (i) local 14 crane operator one (i) local 15 maintenance engineer assigned to crane one (i) local 14 relief engineer assigned to crane. Article v wages and work covered section i a. Maintenance engineers: installing, repairing, maintaining, dismantling (of all equipment including: steel cutting and bending machines, mine hoists, linden peine, lorrain, liebherr, mannes or machines of a similar nature, wellpoint systems, driving maintenance trucks and truck-mounted welding machines), when three (3) or more motorized concrete buggies (ride type) are utilized on the jobsite, they shall be serviced, maintained and repaired by the maintenance engineer. July i, 2020 – june 30, 2021 july i, 2021 – june 30, 2022 july i, 2022 – june 30, 2023 $62. 70 $ 3.03 * $ 3.03 * * distribution to be made mutually between the union and the employer at a future date. Section i b. Maintenance engineers: erection, dismantling and jumping of climbing tower cranes (pecco and kodiks) and crawler cranes (straight and tower booms). July i, 2020 – june 30, 2021 july i, 2021 – june 30, 2022 july i, 2022 – june 30, 2023 $61.43 $ 2.99 * $ 2.99 * 15 * distribution to be made mutually between the union and the employer at a future date. Section le. Maintenance engineers: operating, installing, repairing, maintaining, dismantling: (all pumps regardless of motor power and size except river cofferdam pumps and wellpoint pumps, mechanical heaters, generators, concrete mixers with loading device, motor generators when used for temporary power and lights). July i, 2020 – june 30, 2021 july i, 202 i – june 30, 2022 july i, 2022 – june 30, 2023 $48.4 i $ 2.60 * $ 2.60 * * distribution to be made mutually between the union and the employer at a future date. Section id. Maintenance engineers: using radiant mechanical heaters. July i, 2020 – june 30, 2021 july i, 202 i – june 30, 2022 july i, 2022 – june 30, 2023 $36.54 $ 2.25 * $ 2.25 * distribution to be made mutually between the union and the employer at a future date. Section 2a. Oilers: (all gasoline, electric, diesel or air operated) gradalls, concrete pumps, power houses, driving truck cranes, driving and operating fuel and grease trucks; their duties shall be to assist the engineer in oiling, greasing and repairing all machines: july i, 2020 – june 30, 202 i july i, 2021 – june 30, 2022 july i, 2022 – june 30, 2023 $51.09 $ 2.86 * $ 2.86 * * distribution to be made mutually between the union and the employer at a future date. Section lb. Apprentice engineers and oilers: all gasoline, electric, 16 diesel or air operated cranes; backhoes; trenching machines; gunite machines; compressors (3 or more in battery); overhead cranes in power houses; their duties shall be to assist the engineer in oiling, greasing and repair of all machines. July i, 2020 – june 30, 2021 july i, 2021 – june 30, 2022 july i, 2022 – june 30, 2023 $42.08 $ 2.41 * $ 2.41 * * distribution to be made mutually between the union and the employer at a future date. Section i. Article vi fringe benefit funds welfare fund contribution commencing july i, 2020 and continuing through june 30, 2023, the employer agrees to pay the amounts indicated herein for employees covered under this agreement employed within the jurisdictional territory of the union into a united states treasury-approved welfare fund of the international union of operating engineers, local is, i sa, i sc, i sd (hereinafter “welfare fund”) to be administered by trustees, one-half of whom shall be designated by the union and one-half by the employers. Said welfare fund shall provide, without further contributions from either the employer or the employee, an approved plan of coverage as required by the new york state disability benefit law. Section 2. Pension fund contribution commencing july i, 2020 and continuing through june 30, 2023, the employer agrees to pay the amounts indicated herein on the straight-time payroll of the employees working under this agreement employed within the jurisdictional territory of the union into 17 a united states treasury-approved pension fund of the international union of operating engineers, local 15, i sa, i sc, 15d (hereinafter “pension fund”) to be administered by trustees, one-half of whom shall be designated by the union and one-half by the employers. Section 3. (a) computation of welfare and pension fund contributions commencing july i, 2020 and continuing through june 30, 2021, contributions for the welfare and pension funds as provided herein shall be at $9.30 per hour for the pension fund and $7.15 per hour for the welfare fund. Only the pension fund contribution will be applied to the straight-time payroll of each employee and no contribution shall be on the premium portion of double or overtime of the payroll. Welfare fund contributions shall be paid on hours paid. (b) coverage of additional employees under the welfare and pension fund every present and future salaried regular employee of the union, the welfare fund, the pension fund, the vacation fund, the annuity fund, the apprentice fund and the training fund may participate in the benefits provided herein for employees of the employer for whose benefit the aforementioned contributions are made to the welfare fund and to the pension fund, provided that contributions at the rates hereinbefore stated are made to the welfare fund and to the pension fund for or on behalf of said employees of the union, the welfare fund, the pension fund, the vacation fund, the annuity fund, the apprentice fund and the training fund by the respective employers of said employees on the basis of the actual hours paid to them or the maximum rate required to be paid pursuant to this 18 agreement, whichever is lower. The regional director of the international union of operating engineers for the new york district and his staff may participate in benefits under the joint welfare fund provided contributions on their behalf are made by local 15 and 15a. Coverage for the employees of the welfare fund and pension fund may be indicated in the records of the respective funds without actual payment on contributions on their behalf. Section 4. Vacation fund/political action committee contribution commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: four dollars and fifty five cents ($4.55) per hour for each single time hour paid (includes five cents ($0.05) per hour for each single time hour paid for the politico/ action committee fund. ) nine dollars and ten cents ($9.10) per hour for each double time hour paid (includes ten cents ($0. I 0) per hour for each double time hour paid for the politico/ action committee fund. ) to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15 and 15a in stamps purchased from a united states treasury-approved international union of operating engineers, local 15, 15a, 15d vacation fund (hereinafter “local 15, 15a, 15d vacation fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be cashed by local 15, 15a, 15d vacation fund at such times as designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of local 15, i sa, 19 15d vacation fund may determine as well as for the organization and administration of the local 15, i5a, 15d vacation fund. The local 15, 15a, i5d vacation fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, 15a, 15d and one-half by the employers, pursuant to an agreement and declaration of trust. Section 5. Contribution apprentice and training funds’ commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay for the sum of: one dollar ($1.00) per hour (or each single-time hour paid; two dollars ($2.00) per hour (or each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15 and 15a in stamps purchased from a governmental-approved international union of operating engineers, local 15, i sa, i 5c apprenticeship, skill improvement and safety fund (hereinafter “apprentice fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be remitted to the apprentice fund by the employee at such times designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of local 15, 15a, 15d apprentice fund may determine as well as for the organization and administration of the local 15, 15a, 15d apprentice fund. The local 15, 15a, 15d apprentice fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, 15a, i sd and one-half by the employers, pursuant to an agreement and declaration of trust. 20 section 6. Union assessment the employer agrees that there has been deducted from the wages of each employee covered by this agreement working under any of the classifications as set forth in article v herein and territorial jurisdiction of local 15, i sa and paid to said local 15, i sa after proper execution by each employee an authorization for the sum of: effective july i, 2020 through june 30, 2021: two dollars and eighty eight cents ($2.88) per hour for each single time hour paid; five dollars and seventy six cents ($5.76) per hour for each double time hour paid; the membership voted to increase the supplemental dues portion of the fringe benefit stamp $0.16 per hour october i, 2006 and each year thereafter. July i, 2021 through june 30, 2022: july i, 2022 through june 30, 2023: increase of $0.1 6 increase of $0.16 which sums shall constitute a part of said employee’s local i 5, i sa union dues. Local 15, i sa agree to indemnify and to hold harmless the employer from any and all claims, actions and/or proceedings arising out of said dues checkoff. Section 7. Annuity fund contribution – local is commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: t we ive dollars and seventy five cents ($ i 2. 7 5) per hour for each single time hour paid; twenty five dollars and fifty cents ($25.50) per hour for each double time hour paid; further distribution to be made mutually between the union and the employer at a future date to each employee covered by this agreement working under the classification and 21 territorial jurisdiction of local 15, 15a in stamps purchased from a united states treasuryapproved joint international union of operating engineers, local 15, 15a annuity fund (hereinafter “local 15, 15a annuity fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be remitted to the local 15, 15a annuity fund by the employee at such times as designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the local 15, 15a annuity fund may determine as well as for the organization and administration of local 15, 15 annuity fund. The local 15, i5a annuity fund shall be administered jointly by trustees, one-half of whom shall be designated by local i 5, 15a annuity fund and one-half by the employers pursuant to an agreement and declaration of trust. For the purpose of this section 7, local 15, 15a shall be considered a contributing employer and shall make contributions on behalf of its full-time employees who are not members of another union for collective bargaining purposes. Section 8. Medical reimbursement commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: seventy cents ($0.70) per hour for each single time hour paid; one dollar and forty cents ($1 .40) per hour for each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, 15a in stamps purchased from an applicable governmental-approved international union of operating engineers, local 15, 15a medical reimbursement fund (hereinafter “medical reimbursement fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to the medical 22 reimbursement fund by the employee at such times as are designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the medical reimbursement fund may determine, as well as for the organization and administration of the medical reimbursement fund. The medical reimbursement fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa and one-half by the employers, pursuant to an agreement and declaration of trust. Section 9. Consolidated stamp payment to the local 15, i sa, i sd pension fund, welfare fund, vacation fund, annuity fund, apprentice fund and union assessment shall be by the purchase of a consolidated stamp. Fringe benefit payment: payment of all fringe benefits will be by stamp. Section 10. Industry advancement program commencing july i, 2020, all employers covered by this agreement shall contribute eleven cents ($0.1 i) for each hour of employment of engineers by separate check to the cement league advancement program. All employer contributions to this program shall be remitted to the office of the welfare and pension funds, which shall provide the employer with payroll reporting forms for such purpose. The office of the welfare and pension funds shall deliver all such contributions to the cement league advancement program located at 49 west 45th street, suite 900, new york, ny i 0036. The cement league advancement program shall reimburse the welfare and pension funds all expenses incurred in receiving, recording, auditing, etc. , in connection with receipts and transmittal of these contributions. The monies shall not be commingled with 23 the benefit funds of this union. The monies shall be remitted to the cement league advancement program office within fifteen ( 15) days after the end of each month. 24 article vii industry advancement funds section i. Each employer shall pay a contribution of eleven cents ($0.1 i) per hour to the cement league industry advancement program. Such contribution shall be paid to the pension, welfare, annuity, supplemental dues, vacation/pac and apprenticeship training funds. Section 2. Commencing july i, 2020, every employer covered by this agreement shall contribute one cent ($0.0 i) per hour for every hour worked by the employees to the “new york plan for the construction industry”. Each employer shall be bound by all the terms and conditions of the agreement and declaration of trust establishing the new york plan for the construction industry and by all by-laws adopted to regulate said funds. The trustees of said funds shall secure the approval of the treasury department under the applicable provision of the internal revenue code and shall amend the same if necessary to secure such approval so as to qualify the employer contributions as deductions for federal income tax purposes. All employer contributions to the new york plan for the construction industry shall be remitted monthly to the office of the local 15, 15a international union of operating engineers fringe benefit funds. The office of the local 15, 15a international union of operating engineers fringe benefit funds shall deliver all such contributions to the new york plan for the construction industry verifying the amount of each such contribution has been correctly computed by the employer. The office of the local i 5, 15a international union of operating engineers fringe benefit funds shall advise the union and 25 the trustees of the new york plan for the construction industry whenever an employer shall be in default in the payment of contributions due the new york plan for the construction industry under this agreement. Section 3. Neither the union nor the trustees of the pension, welfare, annuity, vacation/pac, apprenticeship and supplemental dues funds shall have any obligation or responsibility for the collection of such employer contributions. The industry advancement program and/or the new york plan for the construction industry, however, shall reimburse the pension, welfare, annuity, vacation/pac, apprenticeship and supplemental dues funds for all expenses incurred in the collection and distribution of contributions, which amount shall be deducted by the respective funds from the contributions payable over to the industry advancement program and the new york plan for the construction industry. Article viii work stoppage for default in welfare and pension contributions whenever an employer is in default on payments to the welfare and pension funds referred to in article vi of this agreement and reasonable notice of such default is given to the employer, the union may remove the employees from the work of said employer. If said employees who are removed, remain on the work during regular working hours, they shall be paid for lost time not to exceed three- (3) days’ pay. Each employer’s books and payroll records shall be made available upon demand of the trustees, for audit and inspection by a representative of the trustees at the reasonable business hours. 26 the employer shall furnish the trustees of the pension fund, the trustees of the welfare fund, the trustees of the vacation fund, the trustees of the training fund and the trustees of the annuity fund with reports for each calendar month not later than the i 0th day of the month following provided the names, job classifications, social security numbers, wages earned and hours worked for all employees covered under this agreement. Together with such other information as may be required by the trustees for the proper and efficient administration of each of the said funds. Resort to a remedy under this agreement or under the agreements and declarations of trust for the collection of contributions due the funds or any one fund, shall not be deemed a waiver of the right to resort to any other remedy provided therein or by law. Resort to one remedy at one time shall not be deemed a waiver of the right to resort to others at a future or subsequent time. There shall be added to any delinquent payments from the date said payments should have been received, interest at the then prime rate and liquidated damages of 20 percent of said indebtedness and the cost of the audit, if any, to establish said indebtedness and attorneys’ fees of 25 percent of said indebtedness if referred by the trustees to attorneys for collection all of which charges the parties agree are reasonable. 27 article ix trade and jurisdictional disputes section i. Disputes between trade and disputes relative to questions of jurisdiction of trade shall be adjusted in accordance with the method set forth in the joint arbitration plan of the new york building trades as adopted on july 9, 1903, and amended on april 5, 1905, and all decisions rendered thereunder or by the referee, determining disputes arising out of the conflicting jurisdictional claims of the various trades shall be recognized by and be binding upon the parties thereto, except to the extent that section 3 of the joint arbitration plan requires the employer to employ only members of the union directly or indirectly through subcontractors or otherwise; providing, however, that nothing herein is intended to preclude the employers from executing a union security agreement with the union in accordance with provisions of section 3(a)(3) of the taft-hartley act. Section i. Article x trade boards all complaints, disputes and differences arising under this agreement, between any trade association and the union or between any employer and any employee shall be referred first to the joint trade board of the trade affected. Should the joint trade board fail to reach a decision, the matter shall then be referred to an umpire, as set forth in section 3 of this article x. The joint trade board and umpire are hereby empowered to hear, adjust and decide the matter at issue and a decision by any one of these trade agencies shall be final and binding on all parties. 28 section 2. Within three (3) weeks of the execution of this agreement, the trade association together with the union shall form a joint trade board for its own trade to exercise the powers enumerated in section i above. This board shall be known by the following title: the cement league trade board the joint trade board shall consist of not less than three (3) and no more than five (5) members to represent the employers and an equal number to represent the union. Members shall be appointed or selected to serve not less than one (i) year. Any board shall meet within forty-eight (48) hours after a written request has been made to one side by the other to meet for a specific purpose. In voting, the employers as such and the union as such, shall each cast an equal number of votes and in the event of a tie vote or failure to reach a decision, the matter shall be submitted within ten ( i 0) days to the umpire. Any and all expenses shall be equally divided between and paid for by the parties to this agreement. Section 3. Any penalties which may result from such findings or decisions, are to be determined and imposed by the association or union, as the case may be, to which the member affected may belong. Any employer member of a trade board directly involved in any case brought before this board, shall withdraw from the board until the case is settled and an alternate shall be selected by the remaining employer members to fill the temporary vacancy. Any union member of a trade board directly involved in any case brought before the 29 board, shall withdraw from the board until the case is settled and an alternate shall be selected by the remaining employer members to fill the temporary vacancy. Section 4. The trade association will provide the union with a list of its members who have designated the trade association as its bargaining agent and who have agreed to be bound by the terms and conditions of this collective bargaining agreement. In addition, the trade association will notify the union of any changes in membership either by the addition of new members or the dropping of members during this agreement. It is further agreed that all employer members of the trade association are bound by this collective bargaining agreement and entitled to its benefits until its termination date whether or not they retain their membership in the trade association for the full period of this agreement. Section i. Article xi validity if the courts should decide that any clause or part of this agreement is unconstitutional or illegal or should any clause or part of this agreement be found contrary to present or future laws, it shall not invalidate the other portions of this agreement, it being the sole intent and purpose of this agreement to promote peace and harmony in the craft along lawful lines. Section i. Article xii term-renewal this agreement effective july i, 2020 shall continue in effect until and including june 30, 2023 and during each year thereafter unless on or before the fifteenth ( 15) 30 day of march, 2023 or on or before the fifteenth ( 15) day of march any year thereafter, written notice of termination or proposed change shall have been served by either party on the other party. In the event that written notice shall have been served, an agreement supplemental hereto, embodying such changes agreed upon shall be drawn up and signed by june 30th of the year in which the notice shall have been served. It is agreed by all parties to this agreement that all desired changes to the agreement will be exchanged sixty (60) days prior to the expiration of this agreement, providing it is agreed that a proposed contract change after that date may be proposed. 31 in witness whereof, the parties hereto have caused these presents to be signed by their duly authorized representatives as of the i st day of july, 2020. International union of operating engineers, local 15-1 sa ; caethomas a. Callahan president and business manager recording corresponding secretary the cement league michael salgo
