AGREEMENT
between
THE CEMENT LEAGUE
and
NEW YORK CITY AND VICINITY
DISTRICT COUNCIL OF CARPENTERS
July 01, 2015 – June 30, 2019
INDEX
Article Page
| Effective Date | 1 | |
| ARTICLE I | Objectives | 1 |
| ARTICLE II | Association Authorization | 1 |
| ARTICLE III | Jurisdiction | 2 |
| ARTICLE IV | Union Recognition | 11 |
| ARTICLE V | Union Security | 12 |
| ARTICLE VI | General Foreman – Foreman Hiring Schedule | 13 |
| ARTICLE VII | Job Referral System | 16 |
| ARTICLE VIII Lumping Prohibited | 18 | |
| ARTICLE IX | Geographical Jurisdiction | 19 |
| ARTICLE X | Joint Venture | 20 |
| ARTICLE XI | Hours – Holidays – Overtime | 20 |
| ARTICLE XII | Wages | 24 |
| ARTICLE XIII Grievance Procedure – Hardship and Advisory | 27 | |
| ARTICLE XIV No Strike No Lockout | 29 | |
| ARTICLE XV | Validity | 30 |
| ARTICLE XVI Welfare, Pension, Vacation, Annuity, Apprenticeship, Journeymen, | ||
| Retraining Educational and Industry Fund, Supplemental Fund, U.B.C. & J.A. Fund and N.Y.C. and Vicl/M Coop. Fund |
30 | |
| ARTICLE XVII Bonding and Subcontractors | 37 | |
| ARTICLE XVIII Favored Nations Clause | 38 | |
| ARTICLE XIX Miscellaneous Conditions | 40 | |
| ARTICLE XX | Industry Advancement Program | 49 |
| ARTICLE XXI Expiration Clause | 50 |
i
ARTICLE XXIII Effectuating Clause
SIDE LETTER #1 – Terms and Conditions, Including Wages and Benefits
SIDE LETTER #2 – Stripping
50
ii
AGREEMENT made and entered into this day of February 2016:
THE CEMENT LEAGUE
ON BEHALF OF ITS MEMBER FIRMS PARTY OF THE FIRST PART
HEREIN REFERRED TO AS
(THE “ASSOCIATION”)
and the
NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS
HEREIN REFERRED TO AS
(THE “UNION” and/or THE “DISTRICT COUNCIL”)
The Parties hereto agree as follows:
ARTICLE I
OBJECTIVES
To establish and maintain wages, hours and working conditions for the work 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 and jurisdictional disputes.
ARTICLE II
ASSOCIATION AUTHORIZATION
The parties acknowledge that the Trade Association, party to this agreement, has provided
the Union with a list of its members who have designated the Trade Association as its bargaining
agent, and who has agreed to be bound by the terms and conditions of this collective bargaining
agreement prior to the commencement of the negotiations which have resulted in this agreement.
The Trade association acknowledges its representative status of its Employer members and any
service on the Association shall constitute service on its Employer-members. All Employer
members who have given their assent to be bound to this agreement shall be bound during its entire
term.
ARTICLE III
JURISDICTION
Section L (a) As used in this Agreement, the words HIGH RISE CONCRETE
CARPENTER FOREPERSON, HIGH RISE CONCRETE CARPENTER GENERAL
FOREPERSON, HIGH RISE CONCRETE JOURNEYPERSON, HIGH RISE CONCRETE
CARPENTER APPRENTICES, PROVISIONAL HIGH RISE CONCRETE CARPENTERS, and
UTILITY HIGH RISE CONCRETE WORKERS are understood to include all
Employeesperforming jobs referred to in Section 2 below. As used in this Agreement, the word
“Employees” only refers to the classifications of carpenters specified in this Section,
(b) This Agreement shall apply to all high rise concrete work performed by
the Employer(s) for Commercial, Hospitality and Residential buildings in the Union’s
geographical jurisdiction.
Section 2, The Employer desirous of employing Carpenters, Carpenter Apprentices,
Hod Hoist Carpenters, Joiners, Millwrights, Cabinet Makers, Bench Hands, Stair Builders,
Millmen, Wood and Resilient Floor Layers and Finishers, Carpet Layers, Shinglers, Siders,
Insulators. Acoustic and Dry Wall Applicators, Casket and Coffin Makers, and all those engaged
in the operation of wood-working or other machinery required in the fashioning, milling or
manufacturing of products used in the trade, or engaged as helpers to any of the above divisions
or sub-divisions, and the handling, erecting and installing material on any of the above divisions
or sub-divisions. Burning, welding, rigging, and the use of any and all instruments or tools for
layout work, incidental to the trade.
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(a) Drywall: All work in connection with the installation, erection and/or
application of all materials and component parts of walls and partitions regardless of their material
composition, purpose or method or manner of their installation attachment or connection,
including but not limited to the following items: all floor and ceiling runners, studs, stiffeners,
cross bracing, fire-blocking resilient channels, furring channels, doors and windows including
frames, casing, molding, base, accessory trim items, gypsum drywall materials, laminated gypsum
systems backing board, finish board, fire-proofing of beams and columns, fire-proofing of chase,
sound and thermal insulation materials, fixture attachments, including all layout work, preparation
of all openings for lighting, air vents or other purposes and all other necessary or related work in
connection therewith.
(b) ACOUSTICAL CEILING SYSTEMS – Seven (7) General Types:
1. Direct hung suspension system.
2. Attached concealed system without backing board.
3. Furring bar attached system.
4. Furring bar suspension system.
5. Indirect hung suspension system.
6. Metal ceilings, in accord with International Agreement of April 1,
1978 between Sheet Metal Workers International Association and
United Brotherhood of Carpenters and Joiners of America.
7. New Mat ceilings and De Acoustic – Any hung type of ceiling direct
or indirect.
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(c) All work in connection with the installation and erection of all gypsum
wallboard to receive a veneer coat of plaster or lath to receive traditional plaster if such materials
are to be secured to nailable or screwable metal studs.
All work necessary for the installation of the above ceiling systems shall be installed
according to the decision rendered by the National Joint Board for the Settlement of Jurisdictional
Disputes on August 24, 1966.
(d) Metal Trim, Interviewers, Door Knockers and Mechanical Chimes,
Constructing and securing of all boxes, wood and/or Metal Floor and Wall Penetrations in
Reinforced Concrete Construction; Pre-fabricated Tile Panels, Fiberglass, Compositions, and/or
any other Wood substitute material; Wood and Metal Store Fronts, Building Entrances, Elevator
Entrances, etc.; fabricate and install all pre-cast and pre-stressed concrete members used in all
types of Building Construction; Fabricate and install Partitions (including landscape modular
partitions), Dividers and Sliding Doors, constructed of Wood, Metal, Plastic, Composition and/or
any other substitute material; Fabricate and install all Kalamein Work and Hollow Metal Work.
(e) The term “CARPENTER” and the term “JOINER” are synonymous, and in
either case shall mean one who pre-fabs or constructs forms for footings or foundations of housing,
buildings, structures of all descriptions, whether made of wood, metal, plastic or any other type of
material, the erecting of structural part of a house, building, or structure made of wood or any
substitute such as plastics or composition material, who puts together roofs, partitions, fabricates
or erects forms for decking or other structural parts of houses, buildings, or any structure, and
dismantling of all forms. The fabrication, erecting and dismantling of all falsework, where power
is used for the setting or dismantling of forms or any other material erected by Carpenters. All
handling and signaling shall be done by Carpenters. The fabrication and/or setting of all templates
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including anchor bolts necessary for structural members or machinery and the placing and/or
leveling of these bolts is included. All shanties shall be assembled by Carpenters on the job
whether they are built in place or they are knockdown shanties as long as it is within that Employers
power to do so.
(f) Installing, erecting, removing and placing of building material, platforms
and bucket hoisting equipment (generally known to the trade as Hod Hoists), and repairing of
equipment consisting of cathodes, elevators, rails and all other parts made of wood, metal or any
other substitute material and any other work and jurisdiction now in the possession of the Hod
Hoist Carpenters, members of Local Union 1556, which is not in conflict with any other Union
affiliated with the Building Trades.
| (g) of Local Union 1556. (h) |
All work pertaining to Test Boring and Core Drilling under the jurisdiction |
| All framing in connection with the setting of metal columns, the setting of |
all forms, centers and bulkheads, the fabrication and setting of screeds and stakes for concrete and
mastic floors where the screed is notched or fitted or made up of more than one member. The
making and setting of all forms used in concrete work.
| (i) | The installation of all moldings made of wood, metal, plastic composition, |
| installing of runstrips for plumbers or other trades for cutting for pipes through floors, joists or partitions composed entirely or in part of wood or other material erected by Carpenters. |
|
| (j) | The installation of all framework partitions and trim materials for toilets and |
bathrooms made of wood, metal or plastics or composition materials, fastening on all wooden,
plastic or composition cleats to iron work or on other material; the erecting and installation of stran
steel or similar material; cutting and hanging all lumber or other materials between girders and
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joists for fireproofing or concrete centers; setting and hanging of all sash, doors, inside and outside
blinds, windows and other frames; erection or application of all wood, wood pulp, plastic, plaster
transite or composition materials or any combination of any of the above with any material
including combines or faced with metal regardless of the manner attached.
(k) Cutting and applying of all furring; making and fastening of wood brackets
for metal ceilings and side walls; erecting of all wood furring for cornices and putting on all
grounds for plaster and cement finish. The building and constructing of all derricks; the making
of mortar boards, boxes and trestles, putting in needle uprights, all shoring of buildings, raising
and moving buildings.
(1) The building, erecting and dismantling of scaffolding and staging; all free¬
standing scaffolds shall be in accordance with the Decision of Record on Scaffolds rendered on
April 28, 1920.
(m) Fitting, installing and fastening of stops, beads and moldings in doors and
windows; framing of all false work, derricks and hoists, travelers and all other lumber or material
used in the building and construction industry; putting on all hardware; putting up of interior and
exterior trim or finish of wood. The hanging, setting and installation of wood, metal, plastic or
any other wood substitute material; all types of doors, sash, jambs, bucks, casings, moldings, chair
rails, mantels, base or mop board; wainscoting, furniture, china closets, kitchen cabinets,
wardrobes, and installation of bowling alleys.
(n) The manufacturing and erecting of cooling towers and roof tanks. The
installation of wood, plastic, or metal awnings, door shelters, marquees and jalousies. The laying
and finishing of all floors including wood, cork, asphalt, linoleum, vinyl, rubber or any other type
of resilient floor or wall covering. The installation of rugs, carpets, draperies and curtains. The
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application of acoustic tile whether glued or nailed; acoustical suspended ceilings in its entirety;
New Mat Ceilings and De Acoustical Ceilings.
(o) Building and erecting stairs, store, office, bank and other fixtures, shelving,
racks whether of wood or other material; making and fitting of screens, putting on weather strips
and caulking. The installation of laboratory equipment including cabinets and wood benches, book
cases and cabinets, either separately or used in conjunction with heating and/or air-conditioning
units, blackboards, bulletin boards, meter-boards, and boards of all types.
(p) Manufacture of and erection of walk-in refrigeration boxes and all work in
connection thereof shall be the work of the Carpenter.
(q) The installation of insulation material of all types, whether blown, nailed,
or attached in other ways to walls, ceilings, and floors of new and existing buildings, shall be the
work of the Carpenter.
(r) The handling of lumber, fixtures, trim or other materials erected by
Carpenters. The erection of porcelain enameled panels and metal siding. The assembling and
setting of all seats in theaters, halls, churches, schools, banks, stadiums, and open-air theaters, and
other buildings; installing of wood, metal and plastic comer beads; erecting mortar and brick hoists
and concrete distributors used in erecting buildings or fireproofing floors, or for pouring concrete
buildings, building and repairing coal pockets, breakers, washers, tipples; setting of forms for
sidewalk, sidewalk lights, curb and gutters, all welding and burning incidental to carpentry.
(s) The operation of winches and jacks whether operated manually or operated
mechanically by portable operating devices, used to handle material to be installed or erected by
members of the United Brotherhood of Carpenters and Joiners of America and all tagging and
signaling incidental to the trade.
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(t) Ribs required for centers may be cut in the shop, but all other parts for
centers shall be cut on the job and all centers shall be assembled on the job. All concrete form
work shall be under the supervision of the Carpenter Foreperson.
(u) Stripping of all concrete forms shall be done as follows: Stripping of all
columns, beam sides and beam bottoms, wall and footing forms of all types and construction, in
fact, the stripping of all concrete forms on building construction; shall be performed with an equal
number of Carpenters and laborers under the supervision of the Carpenter Foreperson: (Stripping
of Concrete Forms Agreement between the New York City District Council of Carpenters and
Cement and Concrete Workers District Council date May 21, 1956.)
(v) All layout work necessary to the Trade, and the use of any Level, Transit,
Laser Beam, or any Optical Instrument required by the Carpenter for the completion of job or
project.
(w) All protection work and safety work under the Carpenters’ jurisdiction on
road work, all rail work, on any building etc., heavy construction or alterations, must be performed
by Carpenters employed by the General Contractor, Prime Contractor, Builder or Sub-Contractor
so assigned by the General Contractor, Prime Contractor or Builder.
(x) All perimeter protection work including the installation and maintenance of
horizontal and vertical safety nets shall be the work of the Carpenter in its entirety.
(y) The setting of all curbing inside the property line. The installation of
hardware for draperies and blinds. The installation of metal windows, pursuant to the terms of an
international agreement between the Brotherhood of Carpenters and the Ornamental Iron Workers
Union, dated June 1, 1987.
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No work normally built by Carpenters on the job will be fabricated off the job with
anyone other than Union Carpenters being paid the rate of wages and benefits provided herein.
(z) The construction and/or installation of all asbestos decontamination units
(equipment room, shower room and clean room). The construction of all framed partitions relating
to protection in asbestos removal and the erection of all scaffolding. The containment of all abated
substances when materials are used that are traditionally used by Carpenters.
Section 3. Every Employer bound by this Agreement, recognizes the jurisdictional
claims of the United Brotherhood of Carpenters and Joiners of America. Both sides are bound by
the decisions of the New York Plan for the Settlement of Jurisdictional Disputes and of the
National Joint Board for the Settlement of Jurisdictional Disputes and any successor body
authorized by the United Brotherhood of Carpenters and Joiners of America and the Employer
Association to resolve jurisdictional disputes issued prior to the effective date of the agreement
subject to any appeals now pending. The Employer agrees to assign work in accord with the
aforesaid jurisdictional claim, subject to their consistency with decisions of the New York Plan,
National Joint Board or other appropriate body.
| Section 4. | The handling, unpacking, distributing and hoisting of materials to be |
| installed and/or erected by Employees covered by the Agreement can be done by apprentices and/or Utility Concrete Workers (formerly or also known as “Carpenter Helpers”) represented under this Agreement. Work not covered by this agreement: |
|
| (a) (b) |
Carrying and hoisting of lumber for concrete work. Hanging joists with steel wires from steel beams which set as carrying |
members on concrete form work.
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Section 5> No Employer bound by this Agreement will sublet to another Employer, on
a lump-sum basis, the safety protection of openings and stairways. This does not include the
planking or other protection of openings in concrete arches during the form stage work, until the
time of stripping; nor does it include a restriction on the subletting of sidewalk bridge construction
or maintenance. Nothing in this Agreement will forbid the Employer having an agreement with
the District Council of New York City and Vicinity from hiring on his payroll on a temporary
basis, Carpenters who may be performing work for other Employers on the same jobsite, or to
perform protection work on time-and-material basis.
Section 6. When the Employer desires to engage in Millwright work within the
jurisdiction of Millwright and Machinery Erectors Local Union 740, then it shall be governed by
the appropriate agreement, signed between the District Council and the Association of’ the
Employer engaged in such work.
Section 7. When the Employer desires to engage in work within the jurisdiction of
Timbermen, Hod Hoist Carpenters, Core Drillers, Dockbuilders, Pier Carpenters, Shorers, House
Movers, Pile Drivers, Divers, Tenders and Foundation and Marine Constructors, Local Union No.
1556 of Greater New York, New Jersey and Vicinity, then it shall be governed by the appropriate
agreement, signed between the District Council and the Association of Employers engaged in such
work.
Section 8. When the Employer desires to engage in resilient floor covering work
within the trade Jurisdiction of the Resilient Floor Coverers Local Union No. 2287, then it shall
be governed by the appropriate agreement, signed between the District Council and the
Association of Employers engaged in such work.
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By signing this Agreement the Association and its members are bound by the provisions
and conditions in the NYCDCC Independent Artificial Turf and Sport Surface Agreement, and the
NYCDCC floor Sanding and Finishing Agreement.
Section 9, When the Employer desires to engage in manufacturing custom fixtures and
mill-cabinet products, within the jurisdiction of Local 2790, then it shall be governed by the
appropriate agreement signed between the District Council and the Association of Employers
engaged in such work.
ARTICLE IV
UNION RECOGNITION
Section 1. The “Principles” listed in this Article are intended for the general
betterment of the Construction Industry and especially as affecting the parties of this Agreement.
If, in their enforcement, any confusion or misunderstanding arises as to their meaning or
interpretation, such differences shall be settled as provided for in Article XIII of this Agreement.
Section 2. The Employer recognizes the Union as the exclusive bargaining
representative for all the Employees referred to in Article III above pursuant to the National
Labpor Relations Act Section 9(a) under the Certification of Representative dated September 4,
2015 in NLRB Case No. 2-RC-154016.
Section 3. No person representing the Union, except its Business/Council
Representatives, Regional Manager, Lead Manager, Director of Operations, Inspector General’s
Office, Executive Officers, Assistants to the President, and on-site Shop Steward shall have the
right to interview the workers during business hours. These Union Representatives shall comply
with all general conditions of the job regarding passes, entrance to be used, etc.
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ARTICLE V
UNION SECURITY
Section 1. All Employees who are members of the Union at the time of signing of this
Agreement shall continue membership in the Union. All other Employees must become members
of the Union on or after seven (7) days following the beginning of employment or the date of this
Agreement, whichever is later, and must maintain their membership in good standing in the Union
as a condition of continued employment. If the provisions for Union Security clauses are modified
by Congress during the terms of this Agreement, this clause will automatically become modified
to conform to such change(s).
| Section 2. | The Union or its representatives shall not discriminate against a foreperson |
| or workers. Maintenance of Union membership shall be evidenced by the current working card which shall indicate the current dues have been paid to the Union. |
|
| Section 3, | All Employees covered by this Agreement shall have the privilege of |
working for whomever they see fit, in accordance with the terms of this Agreement, and the
Employer is to be at liberty to employ or discharge whomsoever it sees fit, in accordance with the
terms of the Agreement.
Section 4. Employees covered by this Agreement shall not refuse to work with persons
who, after seven (7) days’ employment, have complied with the Union Security provisions of this
Agreement. However, Employees covered by this Agreement are not required to work with
persons who do not comply with the Union Security provisions of this Agreement. It is understood
that additional mechanics secured by the Employer shall be eligible for and shall comply with
requirements of Union membership set forth herein.
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Section 5. The Employer shall deduct from the weekly wages of each individual
covered under this Agreement Union dues and such other amounts as set by the Union in
accordance with its Bylaws or other applicable documents. All monies deducted shall be promptly
remitted to the Executive Secretary-Treasurer of the Union or his or her designee, together with a
list of names and Employees for whom said monies are to be credited. The written authorizations
shall be pursuant to Section 302(c) of the Labor Management Relations Act of 1947.
ARTICLE VI
GENERAL FOREMAN – FOREMAN
HIRING SCHEDULE
| Section 1. | The General Foreman and Foreman shall be the agents of the Employer. | |
| The right to hire and discharge employees rests with the authorized representatives of the | ||
| Employer. Section 2. |
(a) | The first Employee on the jobsite shall be the Foreman and may be |
selected by the Employer. The second Employee shall be the Shop Steward referred by the Union.
The remainder of the Employees shall be selected by the Employer. Any Employees not members
of the District Council shall be matched 1:1 from the District Council Job Referral List. The Union
will cooperate, in order to meet all legal requirements, and furnish qualified Employees. A
working Shop Steward on each shift shall be appointed by the Union possessing the skills
requested by the Employer and required to perform the work required for the job. All jobs
regardless of what type of agreement they work under shall have a New York District Council of
Carpenters certified Shop Steward subject to subsection (g) below. All New York City District
Council certified Shop Stewards shall be given reasonable time to perform his or her Shop Steward
duties.. When a signatory Employer wishes to layoff a Shop Steward during a continuous
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employment, the Employer must notify the Union’s Regional or Lead Manager or their designees and
have a meeting on the respective jobsite with those Union representatives and Company Foreperson or
Representative within seventy-two (72) hours to determine if a layoff is justified. A Shop Steward shall
not be laid off without just cause and the consent of the Union. If termination takes place, a letter must
be sent to the Union’s Representatives designated herein. This letter must detail specifically the
reason(s) for termination and include any evidentiary documentation. In the event a shop steward
fails to show at the jobsite, the contractor has no obligation nor is responsible to notify the Union
of such absence.
(b) When four (4) or more Employees are employed, one (1) shall be the
Foreman. The Employer at its sole discretion may designate a second foreman, who, shall be from
the Union in which geographical jurisdiction the job is located. When five (5) or more High Rise
Concrete Carpenter Foremen are employed, there will be one (1) High Rise Concrete General
Foreman designated by the Employer.
(c) Nothing in this Section shall restrict an Employer’s right to discharge any
Employee for good cause. If the person so discharged was obtained from the District Council, the
replacement must be obtained from the same source.
| (d) | When an Employer requests the Union to send members to a job, the Union |
| shall send employees experienced in the specific type of carpentry work being done on the said | |
| job by that Employer. (e) |
The apprentice ratio within this collective bargaining agreement shall be |
two (2) apprentices to every five (5) journeyman and one of those apprentices must be a third or
fourth year apprentice referred from the out-of-work list by the District Council. The Employer
shall have the option of using one (1) apprentice for every two (2) journeyman.
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(f) All apprentices must work with a journeyman when possible, while
employed on a regular basis.
(g) No Shop Steward required for a two person crew for punch, list and clean
up at termination of the job for a maximum of twenty (20) total days. Notification must be made
to the Union. After twenty (20) days a Shop Steward may be required by the Union. Electronic
Reporting requirements shall apply.
(h) The hiring and employment ratio of High Rise Joumeyperson Carpenters
and Provisional Joumeyperson High Rise Concrete Carpenters shall be 50:50 for all work covered
by this Agreement within the Union’s geographical jurisdiction (including all of the five Boroughs
of the City of New York). Under no circumstances shall Provisional Joumeyperson High Rise
Concrete Carpenters outnumber High Rise Joumeyperson Carpenters. The Union shall use best
efforts to recruit and provide sufficient numbers of qualified Provisional Journeymen at the request
of any Association Employer(s). The Union agrees that if it is unable to provide Provisional
Journeymen to any Association Employer(s) in the quantity requested by the Employer(s), the
Employer(s) shall have the right to supply its own labor to perform work within the Union’s
jurisdiction and provide those workers the wage and benefits package of the Provisional
Journeymen.
(i) Under no circumstances, other than for stripping, shall Utility High Rise
Concrete Workers displace High Rise Joumeyperson Carpenters, Provisional Journeyperson High
Rise Concrete Carpenters, or Apprentices. The parties agree that stripping under this Agreement
shall be performed exclusively by Utility High Rise Concrete Workers and/or Apprentices.
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ARTICLE VII
JOB REFERRAL SYSTEM
NON DISCRIMINATION
CLAUSE
The parties agree there shall be no discrimination in the employment, hiring or training of
Employees in the bargaining unit in the basis of race, creed, color, sex, national origin, age,
disability, marital status, citizenship status, sexual orientation or affectional preference in all
employment decisions, or Union activity as defined in applicable federal, state or local laws. For
the purposes of this Article, “Citizenship status” means the citizenship of any person, or the
immigration status of any person lawfully residing in the United States who is not a citizen or
national of the United States.
Section L Applicants for referral through the Union must register with the Union.
Applicants who have successfully completed the full Apprentice Program shall be presumed to
have the necessary skill and experience. Whether other applicants are possessed of the necessary
skill shall be determined by the Employer, subject to appeal, pursuant to Article XIII of this
Agreement.
Section 2, For jobs only requiring one (1) or two (2) Employees (with the first
Employee hired or assigned being a High Rise Concrete Joumeyperson Carpenter), the Employer will
be permitted to work without a certified shop steward without a time limitation. Any Employee
who is not a member of the District Council will be matched 1:1 from the District Council’s Job
Referral List. The Union will assign one (1) of the two (2) members with the duties of the shop
steward. In the event of any violation of the two (2) man rule (i.e., not reporting the job and/or
employing more than two (2) High Rise Joumeyperson Carpenters without a Shop Steward), the
16
contractor will lose the benefit of this provision for the remainder of the term of the contract. If
there is a third Employee dispatched by the District Council’s Job Referral List, that Employee
shall be a certified Shop Steward and the steward will remain for the duration of that project. This
is not to be used as a “head start.” An arbitrator is empowered to award as a remedy for a deliberate
violation of the “head start” provision the loss of the Employer’s benefit hereunder for the
remainder of the term of the contract.
Section 3. It shall be mandatory upon the Shop Steward to blow the whistle at the point
of work promptly at 8:00 a.m. and at 12:30 p.m., and that it also be mandatory for him to blow the
whistle for the end of work, promptly at 12:00 noon and at 3:30 p.m. All New York City District
Council certified Shop Stewards shall be given time to electronically report hours worked for each
week, including pickup or drop off (for repair) of electronic device,=to the Union hall in the
jurisdiction area they are working in and the time must be agreed between the Employer and the
Steward. When the Shop Steward has completed his work on behalf of the District Council, he
shall perform any work within his trade assigned to him by the Employer.
Section 4. The Employer shall retain the right to reject any job applicant referred by
the Union. If the Employer rejects the applicant, the Employer shall notify the Union in writing
the reasons for rejection. The Union shall then refer other applicants to the Employer until the
required number of applicants is obtained.
Section 5. Notwithstanding any other provisions of this Agreement, the Employer
shall be permitted to hire any and all Employees, except for the Shop Steward and except as
otherwise provided in Article VII, Section 2, without reference to hiring ratios (i.e., the Employer
will be able to hire Employees, except as specifically limited, under so-called full mobility). The
compliance procedures hereunder shall include the following:
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(a) Each Employer shall provide the District Council and its affiliated
employee benefit funds with the name and location of each specific job. The District Council shall
assign a unique number to each specific job. Shop Stewards or other designated Employees shall
report to the District Council on a daily basis the names of the Employees and the hours worked
for each Employer for each specific job. The Employer shall report to the District Council on a
daily basis the existence of one and two-Employee jobs, the names of the Employees, and the
hours worked. The names of Employees and hours entered with the District Council shall be
electronically transmitted on a daily basis to the Employer at e-mail addresses and to personnel
designated by the Employer on forms supplied by the District Council. The Employer shall have
five (5) working days, excluding weekends and holidays, from the close of its weekly payroll to
dispute names and hours reported that week by the District Council.
(b) Any disputes hereunder shall be processed under the grievance and
arbitration procedures of Article XIII of this Agreement. The arbitrator shall be empowered as a
remedy to reinstate the 50:50 hiring ratio provisions for the duration of this Agreement for any
Employer found to have acted willfully and with the bad intent to violate the staffing and payrolling
requirements of this Agreement. Such a remedy would mean that the individual Employer would
be required to hire at least fifty percent (50%) of Employees from the District Council’s Job
Referral List (called an Out of Work List or OWL) without the ability to make requests.
ARTICLE VIII
LUMPING PROHIBITED
Section 1, The parties hereto agree to the elimination of lumping (the subcontracting
of labor without material). The Subcontractor must furnish both labor and material complete under
18
one contract; this also applies to wood flooring, it being agreed, however, that contracting for the
installation of antique flooring or the surfacing of old floors shall not be classified as lumping.
Section 2, The Employer, General Contractors, Prime Contractors, builders, or
Subcontractors agree that it will not subcontract any work covered under this Agreement to any
one in order to circumvent the payment of wages, fringe benefits, and working conditions provided
herein.
ARTICLE IX
GEOGRAPHICAL JURISDICTION
This Agreement shall cover work performed by Employees within the territorial
jurisdiction of the District Council of New York City and Vicinity, which is as follows:
All of the five (5) Boroughs of the City of New York, all of the Islands in and all the waters
of the adjacent Harbors, Rivers and Bays, and that portion of Long Island bounded by a line
beginning at the intersection of the City Line and the North Shore of Long Island, then running
southerly to the Southern State Parkway, then East to Seaford Creek in Nassau County, then South
to the Atlantic Ocean, then West to the Southern tip of the Borough of Richmond, then North on
Arthur Kill to Kill Van Kull, then East to Upper New York Bay, then North to the North River and
Hudson River, then East to New York City Line then continue East on the New York City Line to
Long Island Sound, then South to the intersection of the City Line and the North Shore of Long
Island, all within the State of New York.
19
ARTICLE X
JOINT VENTURE
| Section 1. | The Employer stipulates that any of its subsidiaries or joint ventures to |
| which it may be party when such subsidiaries or joint ventures engage in building construction work, shall be bound by the terms of this Agreement. |
|
| Section 2. | When the Employer enters into a joint venture with an Employer who is not |
bound by this Agreement, then said joint ventures must either be bound through their respective
Trade Associations, or it must sign an agreement with the District Council of New York City
before it can employ any of its members.
Section 3. This Agreement shall be binding on the Employer, its successors and/or
assigns, as well as any firm, be it corporation, partnership or joint venture which the Employer, in
which its successors or assigns has or acquires a financial interest.
ARTICLE XI
HOURS – HOLIDAYS – OVERTIME
Section 1. The intent is to maintain the seven (7) hour work day, thirty-five (35) hour
work week. During the term of this Agreement the work day may be increased to eight (8) hours
work at straight time pay hours and a forty (40) hour work week at straight time pay to attempt to
provide additional work hours for the Employees and the signatory Contractor to manage its
project and provide increased work opportunities. Overtime hours Monday through Friday shall
be paid at time and one-half (1/2). Saturday pay shall be at the time and one-half (1V2) rate. The
Employer is expected to establish and maintain a reasonable work week schedule allowing for
unusual jobsite conditions. Other than an emergency, notice of all overtime work should be given
20
to the Employees before noon if possible. Employees will never be penalized for refusing to work
overtime.
Section 2. Flexible Starting Time: The normal work day shall start at eight (8) a.m.
and may be changed by the Employer due to work site conditions to start between seven (7) a.m.
and nine (9) a.m. for all or a portion of the Employees. No Employee is to start work before the
designated starting time. Shift Work: The Employer may work two shifts with the first shift
working eight (8) a.m. to the end of the shift at the straight time rate of pay. The second shift will
receive one hundred and thirteen percent (113%) of the regular hourly rate of the first eight (8)
hours of work. In addition, members of the second shift shall be allowed one-half (1/2) hour to
eat, with this time being included in the hours of work established. There must be a first shift to
work the second shift that shall begin between 3 p.m. and 5 p.m. All shifts under this section 2
beginning after 5 p.m. shall be paid time at one-half (l’A) rate. All additional hours worked shall
be paid at the time and one-half (I’A) rate. The Employer shall notify the Union in advance of the
beginning of the shift schedule. On shift work, the job steward shall work no more than the shift
hours. There shall be a Job Steward on each shift who shall be appointed by the Union. There
shall be a pre-job conference with the Union before the commencement of any shift work.
Section 3. Off-hour Work on Alteration and Repair Work: When performing
alteration or repair work in an occupied building and when it is not possible to perform said work
during regular working hours, said work shall proceed during off hours, as scheduled by the
Employer, but starting no later than 10:00 p.m. The work day and the rate of pay shall be the same
as the second shift provisions. In addition, members of the off-hour crew shall be allowed onehalf (’A) hour to eat, with this time being included in the seven (7) hours of work. All additional
hours worked in excess of the shift hours shall be paid at the time and one-half (UA) rate. The
21
Employer shall notify the Union in advance of beginning said off-hour work, which shall be
performed subject to the provisions of this Section and subject to notification to the Union. There
shall be a pre-job conference with the Union before the commencement of off-hours work.
Section 4, The Employer may start a portion of the crew one hour prior to the
established start time at straight time wages due to unusual job site conditions. The Employer will
determine the number of Employees necessary. The working steward will be part of the early crew
and will continue working with established start time crew, subject to overtime as per Article XI,
Section 1. It is understood this is not intended to establish a continuous staggered work day.
Section 5. Saturday Make-up: When conditions beyond the control of the Employer,
such as severe weather, wide spread power failure, fire, natural disaster, etc., prevent the operation
of the job on one or more normal working days, the Employer may, with notification to the Union,
schedule the Saturday of that calendar week during which work was prevented, as a make-up day
at straight time. All hours worked in excess of the normal work day shall be paid for at the rate of
time and one-half (V/2). When a holiday falls on a Saturday, then the make-up day rate shall be
paid at double time. In order to utilize a Saturday as a make-up day, the Employer must declare a
regular work day “terminated”, for one of the reasons listed above, no later than ten (10) a.m. of
the day terminated, and must notify the Union, for approval by the Union, by notification to the
Director of Jurisdiction/Agreements Department at (212) 366-3362 or (212) 366-7448 of its desire
to work a make-up day by noon of the day preceding the make-up day. Employees employed by
the Employer on the day so “terminated”, shall have the right of first refusal to work on the make¬
up Saturday, but said Employees shall also have the right to decline work on the make-up Saturday,
without any penalty. If workers are needed to work a make-up Saturday, other than those already
working on the job, the Employer shall call the Union for workers before employing workers
22
secured from any other source. A make-up Saturday shall be no less than the seven (7) or eight
(8) hours as established by the shift, with one-half (1/2) hour off to eat, charged to the hours
worked.
Section 6. No work shall be performed on Sundays or Legal Holidays, except in the
case of emergency or necessity, and that no work shall be performed then unless notification is
given to the Union on the previous workday, stating location of building where work is to be
performed and the number of workers required. DOUBLE TIME SHALL BE PAID FOR ALL
WORK ON SUNDAY, LEGAL HOLIDAYS UNLESS OTHERWISE NOTED, Saturday work at
time and one-half (1!4). Emergency work, INVOLVING DANGER TO LIFE AND PROPERTY,
may be performed without permission from the District Council.
Section 7. The Legal Holidays referred to herein are: New Year’s Day, Presidents’
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day
(only in Presidential Year), Thanksgiving Day, and Christmas Day. These are to be non-paid
Holidays except for the General Foreperson & Foreperson and who shall be paid on a weekly basis
INCLUDING HOLIDAYS.
Section 8. In all cases, the Holidays referred to in the previous Section shall be
observed on the day and date established, except holidays falling on a Saturday shall be observed
on the previous day, Friday, and holidays falling on a Sunday shall be observed on the following
day, Monday. When permission is granted to work on such Legal Holidays, double time shall be
paid. However, if the Employer is subject to a project labor agreement with different holidays
than those established in Section 7, the holidays set forth in the project labor agreement shall
govern.
23
Section 9. Employees employed on the last legal working day before Christmas Day
and before New Year’s Day and who report to work on such days, shall receive three (3) hours
afternoon pay without working. Work performed on the afternoons of said days shall be paid at
the double-time rate only. Fringe Benefit Contributions will be payable on the half-holidays
referred to herein.
Section 10. When a Legal Holiday, defined in Section 8, falls on a Sunday and the
following day is declared a Legal Holiday, then double-time shall be paid for all hours worked.
Section 11. No work shall be performed on Labor Day.
ARTICLE XII
WAGES
| Section 1. | The Employer agrees that it will hire all Employees covered by this |
| Agreement for wages and hours not less than those specified herein. | |
| Section 2. | Said wages shall be paid at the Employer’s option either in cash in |
envelopes, upon the outside of which shall be plainly marked the Employer’s name, the person’s
name and number, Social Security number, the hours worked, and the amount of money enclosed,
or by check, provided:
| (a) | The check is a Todd Insured A.B.C. System Payroll check, or similar type |
| of check, containing above information as on the pay envelope, and that delivery of the checks to the person shall be made at least on the day preceding a banking day. |
|
| (b) | The Employer has complied with the provisions relating to bonding. Any |
deductions from wages now or hereafter required by law shall also be marked on the face of pay
envelopes. If Employees are not paid as specified above, double-time shall be paid for Friday
between the hours of 3:30 p.m. or 4:00 p.m. and 5:30 p.m. or 6:00 p.m., and single-time for
24
working time thereafter, until paid, not exceeding fourteen (14) hours; provided, however that the
men report to and remain on the job during the said fourteen (14) hours.
Section 3. Employees covered by this Agreement shall be given one (1) hour’s notice
before being discharged or laid off, and in either event his or her wages must be paid in full at that
time, under the conditions set forth in Section 2 of this Article. If the Employer through no fault
of his own cannot have the wages there at that time, he or she will be allowed a twenty-four (24)
hour grace period to overnight the wages to the members home or Local Union. This does not
apply to any temporary suspension of work during any pay week for reasons beyond the control
of Employer.
All Employees, at the termination of their employment, shall receive the New York State
Record of Employment Form 1-A within twenty-four (24) hours of their dismissal.
| Section 4. | This Agreement is based on the principle that the Employer is entitled to a |
| day’s work for a day’s pay. Any unreasonable failure to work these hours gives the Employer the right to pay only for the hours actually worked, subject to grievance as set forth in Article XIII. |
|
| Section 5, | Except at the start and finish of & job, General Foreperson and Foreperson, |
shall be employed on a weekly basis which shall include wages and fringe benefits FOR
HOLIDAYS. The payment of overtime rates for the General Foreperson and Foreperson shall be
made at the minimum book rate for General Foreperson and Foreperson when there are Carpenters
doing work on the jobsite. If the General Foreperson and Foreperson are receiving a rate higher
than the minimum book rate, it will be the Employer’s option as to whether the General Foreperson
and Foreperson shall receive the higher agreed rate for said overtime.
25
| Section 6. | When Employees are referred to a job and report for work, and no work is |
| provided, they shall receive two (2) hours’ pay, except for inclement weather or other conditions beyond the control of the Employer. |
|
| Section 7. | Wages – Wage rates and fringe benefit contributions within the |
bargaining unit shall be determined and/or reallocated by Union at its sole discretion:
JOB TITLE Wages/
hour
Benefits/
hour
TOTAL/
hour
2016-17 2017-18 2018-19
High Rise
Journeyperson
Concrete
Carpenter
$48.80 40.50 $89.30 90.78 92.59 94.44
Provisional High
rise Journeyperson
Concrete
Carpenter
$38.00 $15.80 $53.80 54.87 55.97 57.09
| 1st Year Apprentice $16.52 2nd Year Apprentice $22.40 3rd Year Apprentice $28.72 4th Year Apprentice $36.04 |
$15.80 $15.80 $15.80 $15.80 $13.00 |
$32.32 $38.20 $44.52 $51.84 $36.00 |
32.66 38.96 45.41 52.87 36.72 |
33.31 39.74 46.32 53.93 37.45 |
33.97 40.53 47.24 55.01 38.20 |
| Utility High Rise Concrete Worker |
$23.00 |
FOREMAN – $3.00 PER HR. ABOVE JOURNEYMAN SCALE
GENERAL FOREMAN – $6.00 PER HR. ABOVE JOURNEYMAN SCALE
The 2016-17 wage and benefit rates in the above schedule shall become effective on July 1, 2016.
The 2017-18 wage and benefit rates in the above schedule shall become effective on July 1. 2017.
The 2018-19 wage and benefit rates in the above schedule shall become effective on July 1 , 20 1 8.
APPRENTICES- The new wage and benefit rates, in the above schedule, will become effective on
July 1, 2016. All other wage rates shall be effective upon the later of the date this Agreement is signed
or the date it is ratified.
26
| Section 8. | When an Employee is required to work through his/her lunch period, he/she |
| shall be compensated at the rate of time and one-half (1!4) and he/she shall be given time to eat | |
| his/her lunch. Section 9, |
There shall be no lost time in wages to any Employee on the day of injury |
when immediate medical attention is required to said Employee, while working on the Employer’s
job, provided the Employee submits a note from the doctor or clinic, stating that the Employee
cannot work that day.
ARTICLE XIII
GRIEVANCE PROCEDURE
HARDSHIP AND ADVISORY COMMITTEE
Section 1. The Committee is to replace the “Trade Board” as established in this
Section and assume all its duties. In addition the new Committee will have authority to address,
in a timely fashion, any undue hardships the collective bargaining agreement may impose on the
Union, a Contractor or the Association on an issue by issue basis.
(a) The Committee may modify terms and conditions to allow the association
Contractor to manage its particular project or to compete against unfair Contractors on a site by
site basis.
(b) All issues the Hardship and Advisory Committee reviews will be in writing
and its actions will be decided by a simple majority. All concerns brought before the Committee
will be reviewed periodically. Repetitious issues can be recommended for inclusion in a
subsequent collective bargaining agreement.
| (c) | The Committee will meet, upon written request, by the Association or the |
| Union within three work days. Such request, by fax or letter, shall state the project location. Local Union, Contractor, Sub-contractor and brief summary of the question to be discussed. |
|
| Section 2. | All complaints, disputes and differences concerning the application, |
interpretation, effect, purpose or breach of any term or condition of this Agreement, or in the event
there shall exist any claim, demand, dispute or controversy between the parties hereto, excluding
the merits of a jurisdictional dispute, i.e., a dispute with another trade over the assignment of work,
the parties hereto shall first attempt to settle and adjust such dispute, claim, demand or controversy
by negotiation; Provided that no grievance may be filed for incidents that allegedly took place
more than one year from the date of the Union’s actual notice of the alleged occurrence.
| Section 3. | In the event said dispute, claim, demand or controversy shall not be |
| completely settled and adjusted, the parties agree that it shall be referred for resolution to the Hardship Committee of the Cement League and the Union. |
|
| (a) | Said Committee shall consist of three (3) members to represent the |
Association and three (3) members to represent the Union. The Committee shall meet within
seventy-two (72) hours after a written request by either the Employer or the Union. Each member
shall cast one vote. Two (2) members representing the Association and two (2) members
representing the Union shall constitute a quorum. Any member of the Committee directly involved
in the dispute may be challenged by any two members of the Board and shall be replaced by the
Cement League, or the Union, as the case may be.
(b) The Committee’s Final Decision shall be by majority of the votes cast and
shall be final and binding on both parties. The Committee shall have the power and authority to
fashion such remedy, including the imposition of damages, as it deems appropriate.
28
Section 4. Any grievance not resolved by the Committee shall be submitted to
arbitration before Roger Maher, Martin Scheinman, or others the parties shall mutually agree to,
who shall serve as the permanent contract arbitrator(s) hereunder. The Arbitrator shall conduct a
hearing in such a- manner as he shall consider proper and shall serve as sole arbitrator of the
dispute between the parties. The Arbitrator shall have the right to conduct an ex parte hearing in
the event of the failure of either party to be present at the time and place designated for the
arbitration, and shall have the power to render a decision based on the testimony before him at
such heating. The decision of the Arbitrator shall be final and binding upon both parties and may
be entered as a final decree or judgment in the Supreme Court of the State of New York or in a
court of appropriate jurisdiction in any state where such decision shall be rendered. The costs of
the arbitration, including the arbitrator’s fee shall be borne equally by the Employer and the Union.
It is the intent of the parties hereto that all disputes between them, both within and outside of the
Agreement, shall be submitted to arbitration and that no defense to prevent the holding of the
arbitration shall be permitted. Service of any documents or notice referred to above, or service of
any notice required by law in connection with arbitration proceedings may be made by registered
or certified mail. Service upon the Employer must be made on the individual Employer and the
Association. A post office receipt shall be conclusive evidence of proper service if mailed to the
address designated by the Employer when it signed the Agreement.
ARTICLE XIV
NO STRIKE – NO LOCKOUT
Section L 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, for any reason Including jurisdictional dispute, nor shall any Employer lock out
29
employees prior to filing a complaint, or pending the adjustment of any existing disputes, as
provided for in Article XIII.
Section 2. The Union may call or sanction a strike for (a) the Employer’s refusal to
submit a matter to arbitration, pursuant to the arbitration clause of this Agreement; or (b) the
Employer’s failure to comply with any decision of any Board of Arbitration established hereunder
within five (5) working days after such decision, or any other reason explicitly provided for in this
Agreement.
ARTICLE XV
VALIDITY
If a Court decides that any clause or part of this Agreement is unconstitutional or illegal,
or contrary to present or future laws, it shall not invalidate any other portion of this Agreement, it
being the sole intent and purpose of this Agreement to promote peace and harmony in the industry
as permitted by law.
ARTICLE XVI
WELFARE, PENSION, VACATION, ANNUITY,
APPRENTICESHIP, JOURNEYPERSON, RETRAINING
EDUCATIONAL AND INDUSTRY FUND AND
SUPPLEMENTAL FUNDS AND U.B.C. & J.A. FUNDS AND
NEW YORK CITY & VICINITY L/M COOPERATION FUND
Section 1. Every Employer covered by this Agreement shall make contributions for
each hour worked of all Employees covered by this Agreement and employed by said Employer
within the territory of this Agreement in the amounts herein specified to the Welfare Fund, Pension
Fund, Vacation Fund, Annuity Fund, Apprenticeship, Joumeyperson Retraining, Education and
30
Industry Fund, Supplemental Funds, U.B.C. & J.A. Funds, and New York City & Vicinity Labor
Management Cooperation Fund. Except as provided in Article XII full benefits shall be paid for
Foreperson and General Foreperson. Notwithstanding the above, the Employer’s obligations to
make contributions shall be limited to those Funds specified by the Union at its sole discretion
with respect to each job title under Article XII, Section 7 of this Agreement.
Each Employer’s books and payroll records, shall be made available upon demand of the
Trustees at all reasonable business hours.
When Auditors are sent to audit the books of any Employer, and a definite appointment is
scheduled, when the Auditor or Auditors cannot start at the appointed time and date and must
return, or when valid payroll records are not furnished, the said Employer, shall be penalized and
pay the sum of one hundred ($100.00) dollars per auditor, to cover the expense of the Auditor or
Auditors. It shall be a violation of this Agreement for any Employer bound by this Agreement to
fail to fiimish proper records when requested, for the purpose of completing an audit. The Union
shall have the right to remove all its members from the offending Employer upon twenty-four (24)
hours notice. If such members who are removed remain on the jobsite during regular working
hours, they shall be paid for lost time not to exceed three (3) working days’ pay.
Section 2, Contributions to the New York City District Council of Carpenters Welfare,
Pension, Vacation, Annuity, Apprenticeship, Joumeyperson Retraining, Educational and Industry
Funds, U.B.C. & J.A. Funds, and Supplemental Funds shall be in accord with this Agreement. The
contribution to the Supplemental Funds shall be allocated in the following manner:
Carpenters Relief and Charity Fund
(TWO & ONE-HALF ($0,025) CENTS PER HOUR)
31
District Council Scholarship Fund
(TWO & ONE-HALF ($0,025) CENTS PER HOUR)
The purpose of the Carpenters Relief and Charity Funds is to enable the parties to make
charitable donations in the name of the carpentry industry from time to time. Said donations shall
be made to duly recognized tax exempt institutions within the meaning of the Internal Revenue
Code and to provide emergency assistance to bona fide victims of disaster, catastrophe and
community projects for the good of the general public. The contributions shall be included in the
payment of the Fringe Benefit payment. The Fund shall be administered by two (2) persons, one
(1) designated by the Union and the other by the Employer Associations. Both shall serve without
pay and shall be bonded to the extent required by law. All monies received by the Fund shall be
deposited in a bank selected by the two (2) administrators and shall be disbursed only by check
signed by both administrators. At least once a year the entire balance of the Fund on hand shall
be disbursed to organizations and persons who meet the qualifications set forth above. The
administrators shall keep such books or records as may be necessary. Once a year the
administrators shall account for all monies received and disbursed.
The Supplemental Funds shall be established in accordance with applicable law, and any
Employee’s authorization that is required shall be secured by the Union.
It is agreed that all contributions are due and payable to the District Council Fund Office
as called for in this Agreement for the other fringe benefit funds and the Employer does hereby
authorize said area Fund Office to forward said contributions to Fund Office in such manner as the
Trustees of said Fund shall reasonably require.
Effective July 1, 2013 the parties to this Agreement recognize the New York City and
Vicinity of Carpenters Joint Labor Management Cooperation Trust Fund. Per the discretion of the
32
Union, the Committee will be funded by contributions paid through the Trust Funds Benefit Plan. Said
donations shall be made in accordance with all applicable Federal and State Laws pertaining
thereto.
If any of the above allocations are determined to be, in the opinion of Counsel legally
improper, then in that event said allocation may be re-allocated by the Union to a presently existing
Fringe Benefit Fund, or to another fund to be established by the Union and the Employer.
The Employer and the Union acknowledge that they are represented by their duly
designated Trustees to administer the various Fringe Benefit Trust Funds provided for in this
contract. Because of the various liabilities and responsibilities placed upon all parties to this
Agreement, including all Employers and Union Representatives and their respectively designated
Trustees, each Employer hereby agrees that the Fringe Benefit Fund Trustees shall have the
necessary powers to fulfill their fiduciary obligations, in order to fully protect each Employer
signed to this Agreement and their employee-beneficiaries under the respective fund plans.
Section 3. Each Employer shall be bound by all of the terms and conditions of the
Agreements and Declarations of Trust, creating the Welfare and Pension Funds, as amended, and
the Agreements and Declaration of Trust, creating the Vacation Fund, Annuity Fund, and
Apprenticeship, Joumeyperson, Retraining, Educational and Industry Fund, U.B.C. & J.A. Funds,
Supplemental Funds, New York City & Vicinity Labor Management Cooperation Fund as
amended, and by all By-Laws adopted to regulate each of said Funds. The Trustees of the Funds
shall secure the approval of the Treasury Department under the applicable provisions 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.
33
Section 4. It is agreed that no contributions to any of the Funds as specified in this
Article XVI shall be required on the premium portion of wages. For the purposes of these Sections
only, all hours worked shall be regarded as straight-time hours.
It is further agreed, however, that contributions specified in this Article shall be paid on
the hours represented by wages received for not working on the afternoon of the days specified in
Article XI, Section 9.
Fringe benefit contributions, including Vacation Fund payments, will be the same for the
General Foreperson & Foreperson and Joumeyperson. Fringe benefit contributions for
Apprentices shall be in accordance with applicable schedules in Article XII, Section 7.
In the case of Foreperson & General Foreperson contributions shall be made to the fringe
benefit funds on the basis of hours for which said Employee is actually paid, regardless of whether
said hours are actually worked. This provision shall not apply to bonuses, paid vacation or paid
sick leave, voluntarily paid to said Employees.
Section 5. Whenever the Employer is in default in payments to the Funds referred to
in Article XVI of the Agreement, and reasonable notice of such default is given to the Employer,
if the payments are not made, the Union may remove its members from the work of such Employer.
If such workers who are removed remain at the jobsite during regular working hours, they shall be
paid for lost time not to exceed three (3) days’ pay.
Section 6» (a) In the event that formal proceedings are instituted before a court of
competent jurisdiction by the trustees of a Benefit Fund or Funds to collect delinquent
contributions to such Fund(s), and if such court renders a judgment in favor of such Fund(s), the
Employer shall pay to such Fund(s), in accordance with the judgment of the court, and in lieu of
any other liquidated damages, costs, attorney’s fees and/or interest, the following:
34
(1) the unpaid contributions; plus
(2) interest on the unpaid contributions determined at the prime rate of Citibank plus
two (2%) percent; plus
(3) an amount equal to the greater of–
| (a). | the amount of the interest charges on the unpaid contributions as determined |
| in (b) above, or | |
| (b). | liquidated damages of twenty (20%) percent of the amount of the unpaid |
| contributions; plus | |
| (4) | reasonable attorney’s fees and costs of the action; and |
| (5) | such other legal or equitable relief as the court deems appropriate. | |
| Section 6. | (b) | In the event that proceedings are instituted before an arbitrator under |
Section 7 of this Article to collect delinquent contributions to Benefit Fund or Funds, and if such
arbitrator renders an award in favor of such Fund(s), the arbitrator shall be empowered to award
such interest, liquidated damages, and/or costs as may be applicable under the Agreement and
Declaration of Trust establishing such Fund(s).
Section 7. Should any dispute or disagreement arise between the parties hereto, or
between the Union and any Employer-member signatory hereto, concerning any claim arising from
payments to the Fund of principal and/or interest which is allegedly due, either party may seek
arbitration of the dispute before the impartial arbitrator designated hereunder by filing a notice of
intent to arbitrate in writing with said impartial arbitrator, in serving a copy of said notice on the
Association or the Union, as the case may be. Unless a waiver is mutually agreed to in writing by
the parties hereto, a hearing shall be convened within twenty (20) days of submission and the
arbitrator shall submit his award within twenty (20) days after the close of the hearing. The
35
arbitrator shall have full and complete authority to decide any and all issues raised by the
submission and to fashion an appropriate remedy including, but not limited to, monetary damages.
The arbitrator’s award in this regard shall be final and binding upon the parties hereto and the
individual Employer, if any, and shall be wholly enforceable in any court of competent jurisdiction.
The cost of the arbitration, including the fees to be paid to the arbitrator shall be included in the
award and shall be borne by the losing party. Roger Maher, Martin Scheinman, or others the
parties shall mutually agree to are hereby designated as impartial arbitrator(s) hereunder.
The agreement of the parties to submit said matters regarding the payment of contributions
to an arbitrator does not excuse the Employer from any statutory, civil or criminal liability which
may attach to his actions under Municipal, State or Federal law. The submission of a matter to
arbitration is in no way meant to affect the right of the Union to remove its members from an
Employer’s premises, as provided for in this Agreement.
Section 8. A benefit plan has been established which provides for the payment of
contributions to the Welfare, Pension, Vacation, Annuity, A.J.R.E.I.F., N.Y.C. & Vic. Labor
Management Cooperation Fund, U. B. C. & J.A. Funds, and Supplemental Funds pursuant to a
consolidated benefit, including the filing of the monthly summary report with the Fund office.
The Employer will comply with procedures established by the Benefit Fund Trustees to
assure that the Employee receives the consolidated benefit together with his/her pay. The benefits
shall be paid through facilities established by the Bank of New York or such other agencies
authorized by the Trustees.
36
ARTICLE XVII
BONDING AND SUBCONTRACTORS
| Section 1. | The Employer shall provide a Surety Bond to guarantee payment to the |
| respective Funds for all Fringe Benefits. Bonds shall be taken in the following amounts: | |
| Number of Members of Bargaining Unit |
Amount of Bond |
1 to 3 $ 10,000.00
4 to 7 $ 15,000.00
8 to 15 $ 20,000.00
16 to 20 $ 30,000.00
21 to 25 $ 75,000.00
over 26 $ 125,000.00
The above bonding requirements shall remain in full force and effect for the duration of this
Agreement.
When the Employer bound by this Agreement owes to the Benefit Funds an amount greater
than the face amount of his Surety Bond, the Surety Bond must be increased to cover such
indebtedness. If this cannot be done, it shall be mandatory for the Union to remove all members
of the bargaining unit from that Employer.
If a Cement League Association Contractor has paid their benefits on time for a period of
12 consecutive months, then they will be able to release their surety bond. If said contractor then
falls behind in their benefits, their bond may have to be reinstated.
If the Employer fails to make payments to the Benefit Funds as provided for in this
Agreement, the Union shall after giving three (3) days’ notice, remove the carpenters from all of
the Employer’s jobs.
Section 2. The terms, covenants and conditions of this Agreement shall be binding
upon all Subcontractors at the site to whom the Employer may have sublet all or part of any
37
contract entered into by the Employers. The Employers stipulate that such Subcontractors shall
provide the bond required by the terms of Article XVII of this Agreement.
| Section 3. | Each Joint Venturer, as specified in Article X, shall furnish the Union with |
| a Rider from their respective Surety Company, confirming that their respective Bond protects the Trust Funds during the period of the Joint Venture. |
|
| Section 4. | The District Council, in its discretion, may suspend the requirement for a |
signed Contractor under this Agreement to maintain the bond provided for in this Article provided
that the District Council is satisfied that the subject Contractor is not presently delinquent in
payment of fringe benefit contributions and has a favorable history of making fringe benefit
contributions on a timely basis. In the event that the District Council gives an unfavorable response
to the request of the signatory Contractor to suspend such bond requirement, the Contractor shall
have the right to appear before the Board of Trustees for the Fringe Benefit Funds to review its
application for suspension of this contract requirement.
ARTICLE XVIII
FAVORED NATIONS CLAUSE
If, during the term of this Agreement, the District Council of New York City and Vicinity
of the United Brotherhood of Carpenters and Joiners of America (“District Council”) or the United
Brotherhood of Carpenters and Joiners of America (“UBC”) or any local union affiliated or
associated with the District Council and/or the UBC (collectively the “Union”), for work
performed in the geographical jurisdiction of the District Council, grants or allows any other
employer, employers’ association, construction manager, general contractor, subcontractor,
owner, developer, company, or other entity performing or having the responsibility to assign the
same or similar work as that covered by the jurisdiction of this Agreement more favorable terms
38
or conditions of employment than those applicable to the Employer under this Agreement, the
Employer shall have the right to have such favorable terms or conditions incorporated herein, as
if such favorable terms or conditions were negotiated and agreed upon from the later of the
effective date of this Agreement or the first date on which such more favorable terms or conditions
were granted or permitted to exist.
The foregoing shall not apply wherever the Union enters into a written agreement or offers
to enter into a written agreement with the Cement League to allow concessions for a specific
project to a member of the Cement League including any decisions and awards under the
procedures of the Hardship and Advisory Committee. In such cases, the concessions shall apply
only to the work on the project as specified in the written agreement. The Association shall notify
its members of any decisions and awards of the Hardship and Advisory Committee.
Disputes concerning this provision shall be subject to expedited arbitration in accordance
with the Expedited Arbitration Procedures of the Labor Arbitration Rules of the American
Arbitration Association. Such disputes may be submitted directly to the American Arbitration
Association without going through the grievance procedure set forth in Article XIII at any time
after written notice of the existence of a dispute is submitted to the Union.
It is the understanding of the parties that any modification to the existing collective
bargaining agreements between the Union and any employer, employers’ association, construction
manager, general contractor, subcontractor, owner, developer, company, or other entity
performing or having the responsibility to assign the same or similar work as that covered by the
jurisdiction of this Agreement requires the approval of the District Council’s delegate body and
that any modification not approved by the District council’s delegate body shall be null and void
and shall not be subject of this provision, provided the District Council renounces such
39
modification and takes all steps to pursue enforcement of its original agreement to the fullest extent
retroactive to the inception of the unauthorized modification. So long as the District Council takes
all steps to pursue enforcement of the requirements of this paragraph, then the first paragraph of
this Article shall not apply.
ARTICLE XIX
MISCELLANEOUS CONDITIONS
| Section L | Where an employment office is not maintained on the job, the General |
| Foreperson, Foreperson or the Employer’s Representative shall be conveniently accessible to applicants at least once a day. |
|
| Section 2. | When a signatory Employer does any work outside the territory covered by |
it, they shall conform to the wages and other terms of employment that exist between the
Employers and Employees of such locality. Such local wages, however, shall not apply to
men/women hired in the territory covered by this Agreement, to work in territory not covered by
it.
Section 3, There shall be a Shop Steward who will be appointed by the Union or its
Representatives to attend to the interest of the Union, and for the performance of such duty, the
Employer shall allow reasonable time. All New York City District Council Certified Shop
Stewards shall be given time to electronically report hours worked for each week, including pickup
or drop off (for repair) of electronic device, to the Union Hall in the jurisdiction area they are
working in and the time must be agreed between the Company and the Steward. When a signatory
Employer who wishes to layoff or terminate a Shop Steward during a continuous employment, the
Contractor must follow the procedures in Article VI, Section 2 (a).
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Section 4. The Employer shall provide a suitable tool shed or clothing room of
sufficient size for the storage of the Carpenter tools and clothing, and Tool Shed or Room shall be
heated in the winter. The door shall be constructed so the hinges and hasp cannot be taken off
while the door is closed without breaking the door. The lock must be a mortise lock or hasp and
staple bolted through a door, or a safety hasp which covers all screws; in any case, it must be
impossible to open the door without breaking it or the lock.
Such Tool Shed or Room shall not be used for the storage of any other materials. Where
such storage facilities are provided, the STEWARD OF THE JOB shall be furnished with a key to
the Tool Shed and/or the Tool Room, and Employees will store therein all the tools not actually
being used by them at any time. On every job the Employer shall provide a suitable locker.
| Section 5. | The Employers who have complied with the above requirements are only |
| responsible for loss of tools and clothing due to the burning or forcible entry of the locker and such liability shall be limited to a sum not to exceed: |
|
| $600.00 (finish) | Tools |
$500.00 (concrete)
$150.00
$150.00
$125.00
Overcoat
Other Clothing
Shoes
upon submission of proper proof of loss. These dollar amounts represent the maximum an
Employer is responsible for. Proof of loss must be filed within forty-eight (48) hours of the actual
loss and payment of the above described claim must be made within fourteen (14) working days
of receipt of the proof of loss. Any disputed claims shall be resolved pursuant to Article XIII
hereof.
41
| Section 6. | Employees’ tools which become dulled on the job shall be reconditioned at |
| the expense of the Employer by the Employee covered under this Agreement. | |
| Section 7. | The amount or character of work demanded by the Employer or his |
| Representatives shall not be unreasonable, nor shall it be restricted by the Union, its Representatives, Officers, or members. |
|
| Section 8. | There shall be no restriction against the use of any machine-made flooring |
| or machine cut timber or lumber. | |
| Section 9. | There shall be no restriction on the use of machinery, tools, appliances, or |
methods. No powder-actuated tools shall be used unless approved by the State Board of Standards
and Appeals.
Section 10. The use of safety equipment and appliances furnished by the Employer is
mandatory, and the failure to employ the use of such equipment and appliances, after due warning,
is sufficient cause for dismissal. The Employer agrees in all respects to comply with the
requirements of the Occupational Safety and Health Act and all regulations issued pursuant
thereto.
Section 11. The consumption of intoxicating beverages or use of drugs on a jobsite is
prohibited. Violation of this rule, after due warning, is sufficient cause for dismissal. Drug testing
may be required by the Employer, provided that a HIPAA compliant drug testing policy is mutually
developed and mutually agreed upon by the Union and Employer.
Section 12. Neither party, during the life of this Agreement, is to adopt any By-Law or
attempt to enforce against the other party any working rule or regulation which is contrary to any
of the clauses in this Agreement. Neither party shall attempt to enforce against the other party any
working rules which have not been approved by the Trade Association and the Union.
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Section 13. The Employers, Employees, or the Agents of the Employer shall not accept
or give directly or indirectly, any rebate on wages, or give or accept gratuities or give anything of
value or extend any favor to any person for the purposes of affecting any rate of wages.
For violation of the foregoing, a penalty must be imposed. In case of violation by the
Employer, the penalty shall be imposed by the Association to which he belongs. In the case of
violation by a Union Member, the penalty shall be imposed by the District Council.
Section 14. Should the parties hereto be unable to agree on the interpretation of any
Section of this Agreement, the questions shall be settled as provided for in Article XIII.
Section 15. The parties to this Agreement shall continue to use all efforts to maintain an
effective Apprenticeship Training Plan and/or system which will insure an adequate force of
skilled mechanics. This system shall definitely determine the ratio of apprentices to mechanics
working on a specific job that must be employed; wages to be paid during training; method of
indenture to the industry and other rules for efficiently operating the plan.
The apprentice ratio within this collective bargaining agreement shall be two (2)
apprentices to every five (5) joumeypersons and one of those apprentices must be a third or fourth
year apprentice referred from the out-of-work list by the District Council when possible.
All apprentices must work with a joumeyperson when possible, while employed on a
regular basis as indicated in Article VI.
Section 16. Each Employer shall notify the District Council, by certified mail or
telephone, of the awarding of any contract on which any of the work described in Article III hereof
shall be performed regardless of whether said work is to be performed by said employer or
Subcontractor. Said notice shall include the location of the job and the name and address of the
Contractor or Subcontractor involved. Failure to comply with this Section shall be a breach of
43
this Agreement and shall authorize the Union to remove its members from any job on which said
Contractor or Subcontractor is working until said notice requirement is complied with. The
aforesaid notice shall be given within thirty (30) days of the award of a contract and, in any event,
prior to the commencement of work, or after the cessation of work, prior to the recommencement
thereof. It is understood that the provisions of this Section will be strictly enforced by the Union.
Further, after notification has been given to the Union by the Employer, as set forth above, a pre¬
job conference will be held, if one is requested by the Union.
Section 17. It is further agreed that if any Employer engages in any class of work not
embodied in Building Construction, both parties shall comply with all the Union conditions then
existing in that class of work.
Section 18. Each party hereto agrees that neither the Union nor the Employer will
discriminate in hiring against any individual by reason of race, color, creed, national origin, age,
disability, marital status, citizenship status, sexual orientation or affectional preference, Union
membership or non-membership in all employment decisions, or Union activity as defined in
applicable federal, state or local laws. For the purposes of this Article, “citizenship status” means
the citizenship of any person, or the immigration status of any person lawfully residing in the
United States who is not a citizen or national of the United States.
Section 19. Once an award is made by an Employer to a Subcontractor, who performs
only one type of work, then this Subcontractor cannot re-subcontract the work to another
Subcontractor who performs the same type of work. This does not apply to recognized specialties.
Section 20, Where for the benefit of the Employer, an Employee must cross a body of
water in order to reach the jobsite and there is no public transportation available to said site, then
44
it shall be the duty of the Employer to provide adequate safety and comfort for the Employee’s
transportation.
The Employer shall protect such Employee under a policy of public liability insurance the
certificate of which shall be posted or any other insurance required by law for any public
conveyance. Such certificate shall be posted in a conspicuous place, on any conveyance used by
the Contractor. Should such transportation, whether private or public, require extraordinary fare,
such fare shall be paid by the Employer. The Employee shall not leave the shore opposite the
jobsite earlier than 8:00 a.m. and shall be to the same shore not later than 3:30 p.m., or if engaged
in heavy construction, no later than 4:30 p.m.
Section 21. The Employer agrees that if it performs any service or work covered under
this Agreement in the State of New York or the City of New York, it shall be bound by all the
terms and conditions of the Trade Agreement applicable to the location where said service or work
is being performed for the period of time that said service or work is being performed in said
location, in the same manner as if it were a direct signatory to the applicable Trade Agreement.
Section 22.
(a) In order to protect and preserve, for the Employees covered by this
Agreement, all work heretofore performed by them, and in order to prevent any device or
subterfuge to avoid the protection and preservation of such work, it is hereby agreed that: If and
when the Employer shall perform any work of the type covered by this Agreement, under its own
name or under the name of another, as a corporation, company, partnership, or any other business
entity, including a joint venture, wherein the Employer exercises either directly or indirectly any
significant degree of ownership management or control, the terms and conditions of this
Agreement including Fringe Benefits shall be applicable to all such work.
45
(b) All methods of Employee Leasing are prohibited. To confirm this, when an
Employer signs with the Union, the Employer’s name (accompanied by a copy of the corporate
papers verifying name) as agreed and fixed on the association or independent collective bargaining
agreement must be the same and only name that appears on the weekly Employee’s payroll check
and must be the same and only name that appears on the weekly fringe benefit check to the Union
Trades, and the same and only name that appears as the “insured” on the workers compensation
policy (accompanied by a copy of the workers compensation policy verifying the name) with the
“certificate holder” being the Union Trade Employed.
(c) All charges of violations of Paragraph (a) of this Section shall be considered
as a dispute under this Agreement and shall be processed in accordance with the procedures for
the handling of grievances and the final binding resolution of disputes, as provided in Article XIII,
of this Agreement. As a remedy for violations of this Section, the arbitrator (or arbitration body)
provided for in Article XIII, is empowered at the request of the Union, to require an Employer to
(1) pay to affected Employees covered by this Agreement, including registered applicants for
employment, the equivalent of wages lost by such Employees as a result of the violations; and (2)
pay into the affected joint trust funds established under this Agreement any delinquent
contributions together with interest, penalty and liquidated damages to such funds which have
resulted from the violations. Provisions for this remedy herein does not make such remedy the
exclusive remedy available to the Union or the Trust Fund for violation of this Section; nor does
it make same or other remedies unavailable to the Union or the Trust Fund for violations of other
Sections or Articles of this Agreement.
(d) If, as a result of violations of this Section, it is necessary for the Union
and/or the Trustees of the joint trust funds to institute court action to enforce an award rendered in
46
accordance with Subsection (c) above, or to defend an action which seeks to vacate such award,
the Employer shall pay any accountants’ and attorneys’ fees incurred by the Union and/or fund
trustees, plus costs of litigation, which have resulted from the bringing of such court action.
Section 23, The Employer reserves and retains the sole and exclusive rights to manage
its operations and to direct the work force except only to the extent the express provisions of this
Agreements specifically limit or qualify these rights.
Section 24. All Contractors will make sure that any manufactured wood products they
ask Carpenters to handle will have a United Brotherhood of Carpenters stamp on it as long as it is
within their power to do so.
Section 25. Any Contractor found guilty of offering cash to an Employee for hours
worked shall pay a fine of twenty five thousand ($25,000.00) dollars to the Carpenter’s Relief and
Charity Fund after he has paid monies that were due to the Benefit Funds. This will be decided
through the collective bargaining agreement grievance and arbitration clause.
Section 26. In order to protect and preserve for the Employees engaged in the
manufacturing of custom fixture and mill cabinet products used in the trade, and in order to prevent
and device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed
that all custom manufactured mill cabinet and architectural woodwork products which are
specified and required in the Employers contract with the client, including doors specifically
designed as matching components of said products, shall be fabricated in a signatory shop within
an area encompassing the five boroughs of New York City and extending approximately forty (40)
miles beyond the city’s borders. Doors, jambs and related components which do not fall within
the stated category will be excluded from this provision.
47
Section 27. The Union shall monitor all woodwork installed within its jurisdiction and
confirm that said woodwork was manufactured by a shop, which either is a signatory to this
agreement or is alternatively manufactured by a shop that is paying equal to or better than the wage
and fringe benefits provided for in this Agreement. The Union shall not allow the installation by
any of its members of any woodwork, which is identified as not being furnished and/or
manufactured by a signatory to this Agreement or in the alternative which is not furnished and /or
manufactured by a shop that is paying equal to or better than the wages and fringe benefits provided
for in this Agreement subject to applicable law.
Section 28. All Employees will be allowed a ten (10) minute coffee break in the
morning. This will also be allowed in the afternoon when working eight (8) or more hours during
the day.
Section 29. The Union agrees that at the end of this Agreement when we start
negotiations for the next term we will discuss the possibility of making the hard hat a part of the
Carpenters tool box.
Section 30. In an attempt to lower the industry’s insurance cost, the Union agrees to
make our school available for Cement League Contractors to use for safety training.
Section 31. The Cement League Association and the Union agree to explore solutions
to reduce the Employer’s cost of workers compensation and liability insurance to allow them to
bid competitively against non-union entities.
Section 32. The parties agree that on an annual basis the paid leave benefits provided
regular employees under this Agreement are comparable to or better than those provided under the
New York City Earned Sick Time Act, N.Y.C. Admin. Code § 20-911 et seq. Therefore, the
provisions of that Act are hereby waived..
48
Section 33. 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. Notwithstanding
the previous sentence of Article XV, if at any time during the term of this Agreement the United
States District Court for the Southern District of New York or any other court of competent
jurisdiction voids the provisions of Article VII, Section 2 and Article VII, Section 5 (i.e., The socalled full mobility hiring provisions), this Agreement shall become a nullity and the Parties shall
return to the terms and conditions under their collective bargaining agreement that expired on its
terms on June 30, 2011.
ARTICLE XX
INDUSTRY ADVANCEMENT PROGRAM
THE CEMENT LEAGUE
All employers who are members of the Association, and not members of any other
Associations that collectively bargains with the Union, shall contribute $0.20 per hour for each
hour of employment of Carpenters: one-half of such contribution ($0.10) to be made to the Cement
League, and one-half ($0.10) to be made to the Cement League Advancement and Promotion Fund.
The Union shall have no obligation or responsibility for the collection of these contributions. The
Association, at its sole discretion, may increase or decrease the contribution amounts hereunder
and make any changes in their allocation.
The Cement League Advancement Program shall reimburse the Benefit Funds all expenses
incurred for the services rendered in the collection and accounting.
49
ARTICLE XXI
EXPIRATION CLAUSE
This Agreement enters into force on the later of the date this Agreement is executed or the
date it is ratified, and shall continue in force until June 30, 2019. It is agreed that three (3) months
before the expiration of this Agreement, proposals for changes must be submitted, in writing, and
every effort shall be made to reach an agreement thirty (30) days prior to July 01, 2019.
Notwithstanding the first sentence of this Article XXI, the terms and conditions herein are effective
the later of the date this Agreement is executed or the date it is ratified and shall not apply
retroactively even though the Agreement has a term of July 1, 2015 to June 30, 2019.
ARTICLE XXII
EFFECTUATING CLAUSE
The parties hereto make and enter into this Agreement, in witness whereof, we, their duly
authorized and empowered representatives, have hereunto set out hands and seal this/4/ day
of /^,.2016.
For the CEMENT LEAGUE
By: /s/
For the UNION
DISTRICT COUNCIL OF NEW YORK CITY AND
VICINITY OF THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA.
Date
50
The Trade Association and/or the Employer, signatory to this Agreement, hereby acknowledges
receipt of copies of the Agreement and Declaration of Trust of the New York City District Council
Carpenters Welfare Fund; Pension Fund; Apprenticeship, Joumeyperson Retraining, Educational
and Industry Fund; Annuity Fund; United Brotherhood of Carpenters and Joiners of America Fund;
Vacation Fund; New York City and Vicinity Joint Labor Management Cooperation Trust Fund
and Supp