Agreement between the cement league and the international union of opera ting engineers local isd 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 i sd, party of the second part, hereinafter referred to as the “un/on”. 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. Section 3. The employers recognize the union as a source for the procurement of skilled line and grade men and agree to employ such workers who are members in good standing of the union or who become members. Thereof, seven (7) 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. 3 section s. 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 lockout employees prior to filing a complaint or pending the adjustment of any existing dispute, as provided for in article xi. 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 x, section i. Section 6. Employers are at liberty to employ and discharge whomever they see fit, and the party of the first part shall at all times be the sole judge as to the work to be performed and whether such work performed by a member of the aforesaid party of the second part employed by it, is or is not, satisfactory. Section 7. Should the union knowingly allow its members to work for competitors of the party of the first part, for a wage less than the wage established by this agreement, or under conditions more favorable to the employer than the conditions established by this agreement, the wages and conditions contained in this agreement shall immediately be changed to conform to the more favorable conditions as shown to exist. Section 8. 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 new york. Section i. Article ill territory covered this agreement shall apply to building construction work in the following areas: new york (i. E. , the boroughs of manhattan, bronx, richmond, queens and brooklyn), nassau, suffolk, westchester, putnam and that part of duchess county lying south of the north city line of poughkeepsie, new york. The associations shall provide the union with a list of its members. 4 article iv work covered section i. Building construction where referred to in this agreement is hereby defined as the erection of building projects. Section 2. This agreement shall apply to qualified employees customarily and regularly engaged in field survey work whether initial layout or checking. Section 3. The union will not interfere with the practices and customs of other unions affiliated with the afl-cio and further shall not interfere with the work of registered surveyors without limiting the rights of the union to organize such registered surveyors. Employers reserve the right to subcontract line and grade work co contractors who are in collective bargaining agreements with local 150. Section 4. The following definitions of categories shall apply: chief of party: a chief of party is a field engineer who supervises and directs one party on any one job. He is directly responsible for the layout from the taking of information from supplied specifications and plans to the direction and actual performance of layout. He shall be able to read plans and specifications, draw any additional sketches required for the performance of layout, develop and maintain survey records, do the necessary computations, keep control of layout on the job and be able to do the required duties of an instrument man and rodman. Instrument man: an instrument man is a field engineer who, under the direction of a chief of party, performs layout and runs the instruments in a party. He shall be able to set up, operate and make minor adjustments to surveying instruments, read plans and sketches and keep surveying records. He shall be able to perform the duties of a rodman. Rodman: a rodman is a field engineer who holds the rod and generally assists other field engineers (party chief, instrument man). He shall be able to operate surveying rods and be able to chain and generally assist in doing layout. 5 section 5. Nothing in this agreement shall prevent an employee of one category in section 4 above from temporarily performing the duties of any other category and also from performing any other duties when not engaged in line and grade work. Section 6. All survey instruments such as transits, levels, theodolites, lasers, piezometers. Fathometers. Discomats, geodometers and any similar e. D. M. Equipment used to establish, check or maintain line and grade, and the setting up of any robotic and laser scanning survey equipment and all gps survey equipment shall be covered by employees covered by this agreement and shall be the jurisdiction of local i sd, iuoe. The term survey instrument shall not be limited to the above-mentioned equipment. Article v hours section i. (a) a seven (7) or eight (8) hour shift will be permitted at the contractors discretion as long as it is determined at the commencement of the job. Thirty-five (35) hours or forty (40) hours shall constitute a week’s work to be determined at the start of the job. If an employee is laid off from his work assignment and said employee or his replacement is rehired by the employer within five (5) consecutive working days, said employee or any other employee shall be paid for the intermittent time during the layoff period. Flexible start is 7:00 a. M. – 8:00 a. M. – all engineers (b) a single shift shall be seven (7) working hours starting at 8:00 a. M. , mealtime may be one (i) hour or one half ( i /2) hour. (c) when two (2) shifts are employed, the work period for each shift shall be six and one-half (6 i /2) hours, with pay for seven (7) hours. ( d) when three (3) shifts are employed, each shift will work six and one half (6 i /2) hours but will be paid for seven (7) hours. One half ( i /2) hour being allowed for mealtime. (e) when two (2) or more shifts are employed, single time will be paid for each shift. (f) a work week shall start at 8:00 a. M. Monday and end at 8:00 a. M. Saturday. – 6 – article vi wages and conditions section i. The races of wages to be paid employees covered by this agreement shall be as follows for the period july i, 2020 through june 30, 2023: july i, 2020 july i, 2021 july i, 2022 party chief $65.44 $ 3.02* $ 3.02* * distribution to be made mutually between the union and the employer at a future date. July i, 2020 julyl,2021 july i. 2022 instrument man $50.83 $ 2.58* $ 2.58* * distribution to be made mutually between the union and the employer at a future date. July i, 2020 july i, 2021 july i, 2022 rodman $32.84 $ 2.04* $ 2.04* * distribution to be made mutually between the union and the employer at a future date. All the above rates are based on a thirty-five (35) hour or forty (40) hour week. Section 2. (a) time and one-half shall be paid for all work performed in excess of seven (7) hours or eight (8) hours per day and for all work performed in excess of thirty-five (35) hours or forty (40) hours per week and for the seven (7) hours or eight (8) hours of work on saturday. Double time shall be paid for all work in excess of seven (7) hours or eight (8) hours on saturday and for all work performed on sunday and holidays. 7 (b) it is agreed that line and grade men shall be employed at a straight time weekly rate, except at the start and finish of employment and on employment of one (i), two (2) or three (3) days’ duration in any payroll week, when he shall be paid for actual days worked. On employment of four (4) day’s duration in any payroll week, he shall be paid for a full week. ( c) it is agreed that the increases reflected in section i will be given to all employees covered by this agreement regardless of the fact that certain individual employees are being paid over the minimum rates of these classifications. Section 3. Holidays (a) the paid holidays to be observed are: new year’s day, martin luther king day, president’s day, good friday, memorial day (decoration day), independence day, labor day, columbus day, veteran’s day, thanksgiving day and christmas day. All employees covered by this agreement shall receive seven (7) hours or 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. 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. If it is necessary for employees covered by this agreement to work on any of the above-mentioned holidays, even if the holiday occurs on a saturday or sunday, compensation shall be at the double time rate. (b) if an employee is ordered out and reports on a saturday, sunday or holiday and his services are not used, he shall receive four (4) hours’ pay at the appropriate rate for that day. 8 section 4. There shall be a party chief in each field party. Section 5. Engineers will snap all lines in connection with their own layout. Section 6. Should the job be closed down on thursday or friday for a legal holiday or for any other good or sufficient reason, then pay time shall stop on tuesday of that calendar week at 3:30 p. M. And wages shall be paid on friday or thursday, respectively, of the same week. Section 7. If there is any change in the established payday, a notice to that effect must be posted on the job by the employer, twenty-four (24) hours in advance of such change. Section 8. If discharged during the week for any reason, men shall be paid at once on the job site. All wages payable under this agreement shall become due and be paid on the job every week. 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: 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, not to exceed three (3) days’ pay, provided the employee remains on the job during regular working hours of those three (3) days. Section 9. Neither party during the life of this agreement, is to adopt by-laws or attempt to enforce any working rule or regulation which is contrary to any of the clauses in this agreement. Neither shall either party attempt to enforce any working rules that have not been approved by the joint trade arbitration board. 9 section i 0. 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 i sd. All concrete work performed in foundations such as footings or walls shall be at the heavy construction rate for eight (8) hours per day, forty (40) hours per week. Section i i . If it is necessary for an employee covered by this agreement to work in inclement weather, the employer shall furnish their employees with adequate rain gear, viz: hat, coat, pants and boots. Section 12. A man will not be required to walk more than io floors or i 00 feet, whichever occurs first, regardless of starting time. Section 13. All reinforced concrete arches above i 0,000 square feet deck, shall require a minimum of three (3) men. Section i. Article vii 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 the employees covered under this agreement employed within the jurisdictional territory of the union into a united states treasury-approved welfare fund of the international union of operating engineers, local 15, 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 – new jersey state disability benefits law. 10 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 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 welfare fund and $6.65 per hour for the pension fund. Only the pension fund contribution shall be applied to the straight-time payroll of each employee and said contribution shall not be made on the premium portion of double time or overtime of the payroll. The welfare fund contribution shall be on all 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 agreement, whichever is lower. Ii 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, 15a, i 5c and 15d. 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 contributions commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: three dollars and eighty cents ($3.80) per hour for each single time hour paid. (includes five cents ($0.05) per hour for each single time hour paid for the political action committee fund. ) five dollars and seventy cents ($5. 70) per hour for each time and one-half hour paid. (includes seven and one-half cents ($0.075) per hour for each single time hour paid for the political action committee fund. ) seven dollars and sixty cents ($7.60) per hour for each double time hour paid. (includes ten cents ($0.10) per hour for each double time hour paid for the political action committee fund. ) to each employee covered by this agreement working under the classification and territorial jurisdiction of local 15, 15a, 15d in stamps purchased from a united states treasury-approved international union of operating engineers, local i 5, i sa, i sd vacation fund (hereinaner “local i 5, i sa, i sd vacation fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be cashed by local 15, i sa, 15d vacation fund 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, i sa, i sd vacation fund may determine as well as for the organization and administration of the local i 5, i sa, i sd vacation fund. The local i 5, i sa, 150 vacation fund shall be administered jointly by trustees, one-half of whom shall be designated by local 15, i sa, i sd and one-half by the employers, pursuant to an agreement and declaration of trust. 12 section 5. Apprentice and training funds’ contribution commencing july i, 2020 and continuing through june 30, 2023, the employer agrees to pay the sum of: eighty cents ($0.80) per hour for each single time hour paid; one dollar and twenty cents ($1.20) per hour for each time and one-half hour paid; one dollar and sixty cents ($1.60) 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, i sd in stamps purchased from a governmental-approved international union of operating engineers, local 15, i sa, 15d 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, i sa, i sd apprentice fund may determine as well as for the organization and administration of the local is, 15a, i sd apprentice fund. The local 15, 15a, i sd apprentice fund shall be administered jointly by trustees, one-half of whom shall be designated by local is, i sa, i sd and one-half by the employers, pursuant to an agreement and declaration of trust. Section 6. Annuity fund contribution local i sd commencing july i, 2020 and continuing through june 30, 2021, the employer agrees to pay the sum of: eleven dollars and fifty cents ($1 1.50) per hour for each single time hour paid; seventeen dollars and twenty five cents ($17.25) per hour for each time and one-half hour paid; twenty three dollars ($23.00) 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, 15d in stamps purchased from a united states treasury-approved joint international union of operating engineers, local is, i sa, i sd annuity fund (hereinafter “annuity fund”). Said stamps are to be placed in the 13 employee’s weekly pay envelope and shall be remitted to the local i 5, i sa, i sd 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 i 5, i sa, i sd annuity fund may determine as well as for the organization and administration of local 15, i sa, i sd annuity fund. The local i 5, i sa, i sd annuity fund shall be administered jointly by trustees one-half of whom shall be designated by local i 5, i sa, i sd and one-half by the employers pursuant to an agreement and declaration of trust. For the purpose of this section 6, the union, pension and welfare funds, vacation fund and apprenticeship training fund shall be considered contributing employers and may make contributions on behalf of their full-time employees who are not members of another union for collective bargaining purposes. Section 7. Union assessment (supplemental dues) 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 vi herein and territorial jurisdiction of local i s, i sa, i sd and pay to said local 15, i sa and i sd, after proper execution by each employee an authorization for the sum of: commencing july i, 2020 and continuing through june 30, 2021: two dollars and sixty two cents ($2.62) per hour for each single time hour paid; three dollars and ninety three cents ($3.93) per hour for each time and onehalf hour paid; five dollars and twenty four cents ($5.24) per hour for each double time hour paid; the membership voted to increase the supplemental dues portion of the fringe benefit stamp $0.14 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 $0.14 increase of $0.14 14 local 15, i sa, i sd agrees to indemnify and to hold harmless the employer from any and all claims, actions and/or proceedings arising out of said dues checkoff. Section 8. Consolidated stamps payment to the local i 5, 15a, 15d pension fund, welfare fund, vacation fund, annuity fund, apprentice fund and union assessment shall be by the purchase of a consolidated stamp. Fringe benefit payment – payment of all fringe benefits will be by stamp. Section 9. 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, new york 10036. 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 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. Article viii 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. 15 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 local i sd, international union of operating engineers fringe benefit funds. The office of local i sd, international union of operating engineers fringe benefit funds shall deliver all such contributions co the new york plan for the construction industry verifying that the amount of each such contribution has been correctly computed by the employer. The office of the local i sd, international union of operating engineers fringe benefit funds shall advise the union and 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. 16 article ix 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 vii 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. Article x validity any provision of this agreement which provides for union security or employment in a manner and to an extent prohibited by any law or the determination of any governmental board or agency, shall be and hereby is of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions which are hereby declared to be of no force or effect because of restrictions imposed by law is or are determined either by act of congress or other legislative enactment or by a decision of the court of highest recourse to be legal or permissible, then any such provisions shall immediately become and remain effective during the remainder of the term of this agreement. In the event chat there shall be changes in applicable laws as to union security, the parties shall renegotiate any provisions concerning union security. Article xi 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 17 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. Article xii trade boards section i. 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 2 of this article xii. 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. Section 2. Within three (3) weeks of the execution of this agreement, the cement league together with the union shall form a joint trade board to exercise the powers enumerated in this article. This board shall be known by the following title: the cement league trade board the joint trade board shall consist of members as designated by the cement league 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 pur-pose. 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. 18 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 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. Article xiii term-renewal section i. This agreement retroactive from 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) 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. 19 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. 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 15d thomas a. Callahan president and business manager recording corresponding secretary the cement league michael salgo executive director
