AGREEMENT
BETWEEN
THE CEMENT LEAGUE
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 15 AND I5A
AFFILIATED WITH THE AFL-CIO
JULY I, 2023 THROUGH JUNE 30, 2026
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THIS AGREEMENT dated July I, 2023, between the Cement League, Party of the First Part, and the International Union of Operating Engineers, Local 1 5 and 1 5A, Party of the Second Part, hereinafter referred to as the “UNION”.
ARTICLE I
OBJECT
SECTION I. 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.
ARTICLE II PRINCIPLES
SECTION I. The amount of work a man may perform shall not be restricted by
the Union nor by its representatives, officers or members, and the use of machinery, tools, appliances or methods shall not be restricted or interfered with under the terms of this Agreement.
SECTION 2. The business representatives of the Union shall have access to the
work at all times. They shall comply with all general conditions of the job regarding passes, entrances to be used, etc., but shall in no way interfere with or hinder the progress of the work.
SECTION 3. The Employers recognize the Union as a source for the
procurement of skilled workmen and Maintenance Engineers, Junior Engineers, Firemen, Apprentice Engineers and Oilers and agree to employ such workers who are members in
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good standing of the Union or who become members thereof, seven days after the commencement of their employment, and the Union agrees to furnish such workers when requested by the Employers. Such workers shall, thereafter, maintain their membership in good standing.
SECTION 4. The Employer Associations and the Union agree that they have
not and will not discriminate against any individual seeking employment because of race, creed, color, sex or nationality.
SECTION 5. The Union or its representatives shall not order a strike or
stoppage of work, nor shall the Employees strike against any Employer or collectively leave the work of an Employer, nor shall any Employer lock out Employees prior to filing a complaint or pending the adjustment of any existing dispute, as provided for in Article VIII.
The foregoing does not deny the right of the Union to render assistance to other labor organizations by removing its members from jobs when combined action by all trades is officially ordered; but no removal shall take place until formal notice is first given to the Secretary of the Trade Association involved, in accordance with the requirements of the General Arbitration Plan referred to in Article VIII.
SECTION 6. Employees are at liberty to work for whomever they see fit, and
they are entitled to and shall receive the wages agreed upon as hereinafter set forth in this Agreement.
Employers are at liberty to employ and discharge whomever they see fit, and the Employer shall at all times be the sole judge as to the work to be performed and whether such work as performed by an Employee, is or is not satisfactory.
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SECTION 7. The Union expressly waives any right to paid sick leave for the
Employees covered by this agreement as set forth in any legislation enacted by the City of NY.
ARTICLE III TERRITORY COVERED
SECTION I. This Agreement shall apply to building construction work in New
York City; i.e., Boroughs of Manhattan, Bronx, Richmond, Queens and Brooklyn.
SECTION 2. Building construction where referred to in this Agreement is
hereby defined as the erection of buildings, exclusive of the construction of engineering structures and building foundations.
SECTION 3. When Employers, parties to this Agreement, do any work other
than the type of work covered by this Agreement, they shall conform to any applicable Agreement that exists between an employing group and the International Union of Operating Engineers, Local 15, 1 5A and I SC.
ARTICLE IV HOURS AND CONDITIONS
SECTION I. HOURS OF WORK – Eight (8) hours shall constitute a day’s
work. Forty (40) hours shall constitute a week’s work.
At the commencement of employment, an Employee will be paid for days actually worked in the payroll week. At the termination of employment, an Employee will be paid for days actually worked in the payroll week. If an Employee is laid off from his work assignment and rehired within five (5) consecutive working days for the same work assignment, said Employee shall be paid for the actual working days for which he was not employed, if he was not employed by another Employer during the layoff period.
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Flexible start is 7:00 a.m. or 8:00 a.m. — ALL ENGINEERS
SECTION 2. SHIFTS
(a) A single shift shall be a continuous nine (9) hours, starting at 8:00 a.m. except
when necessary to conform with the provisions of this Article IV, Section 6, including one (I) hour for mealtime. The mealtime may be curtailed by onehalf (1/2) hour.
(b) When two (2) shifts are employed, each shift will work seven and one-half
(7 1 /2) hours but will be paid for eight (8) hours since only one-half (I/2) hour is allowed for mealtime.
(c ) When three (3) shifts are employed, each shift will work seven and one-half (7 1/2) hours but will be paid for eight (8) hours since only one-half (1/2) hour is allowed for mealtime.
(d) When two (2) or more shifts are employed, single time will be paid for each shift.
(e) On jobs of more than one (I) shift, if an Engineer or Junior Engineer fails to report for work through any cause over which the Employer has no control, the Engineer on duty will continue to work at the rate of single time.
(f) A week shall start at 8:00 a.m. Monday and end at 8:00 a.m. Saturday, except when necessary to conform to the provisions of this Article IV, Section 6.
(g) When an Employee is ordered out and reports on a Saturday, Sunday or Holiday, regardless of whether his services are employed, he shall receive a full day’s pay at double time.
(h) In case an Engineer or Junior Engineer is not ordered out on a Saturday, Sunday or Holiday, and his machine is operated by another Engineer or Junior Engineer, he as well as the Engineer or Junior Engineer who operated the machine, shall be paid a full day’s pay at double time.
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(i) There will be no additional Local 1 5 Engineers on erection and dismantling, and no other labor organization will perform Local IS work, formerly noted in the previous Cement League Agreement regarding tower crane dismantling and erection.
SECTION 3. PAYMENT OF WAGES – All wages payable under this
Agreement shall become due and be paid on the job every week and not more than three (3) days’ pay shall be held back. Wages shall be paid at the Employer’s option either in cash or by check, provided:
(a) The check is a Todd Insured ABC System Payroll Check or a similar type of check, and the delivery of the checks shall be made at least one (I) day preceding a banking day.
If for any reason the Employer terminates the service of any Employee working under this Agreement, the accrued wages of that Employee shall be paid to him at the time of the termination of his employment, otherwise waiting time shall be charged for accrued wages. If any Employee shall, of his own volition, leave the service of his Employer, then his Employer may retain his wages until the next regular pay day.
SECTION 4. OVERTIME – Double time shall be paid for all work
performed in excess of eight (8) hours per day, for all work performed in excess of forty (40) hours per week, and for all work performed on Saturdays, Sundays and Holidays.
SECTION 5. HOLIDAYS – Holidays to be observed as such are: New
Year’s Day, Martin Luther King Day, President’s Day, Good Friday, Memorial Day (Decoration Day), Independence Day (4th of July), Labor Day, Columbus Day, Armistice Day (Veteran’s Day), Thanksgiving Day and Christmas Day.
(a) All Employees covered by this agreement shall receive eight (8) hours
pay at the double time rate and the double time fringe if the said above-mentioned holiday is
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worked. If the employee works four (4) days in the payroll week from a single employer and he or she does not work the said holiday, the employee shall receive eight (8) hours straight time pay and eight-hour (8) holiday stamp.
There will be no benefit fund contributions on the Annuity, Vacation, Voluntary Annuity, Apprentice and/or Training Funds, Medical Re-imbursement, PAC, Defense Fund or LMCT funds.
Said member will receive a holiday stamp, which shall include welfare, pension and supplemental dues only. When a member covered by this agreement is employed in a payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hour holiday prorated stamp for each date worked in a payroll week (i.e.: one day – two (2) hours, two days – four hours, three days – six hours, four days – eight hours).
Any of the aforementioned holidays that fall on a Saturday will be observed in accordance with the New York State General Construction Law Article 2 Section 24.
When the holiday is worked and the operating engineer is unable to work then only the replacement operating engineer receives holiday pay.
(b) Where the workday ends at 8:00 a.m. on a Saturday or a Sunday or a Holiday,
the Employer may, at his discretion, define Saturdays, Sundays and Holidays beginning at 8:00 a.m. of the Saturday or the Sunday or the Holiday and continuing until 8:00 a.m. of the following day, except when necessary to conform to the provisions of Paragraph (a) of Section 6 of this Article IV.
SECTION 6. NY STATE PAID SICK LEAVE
Local 15- 1 SA waives any right or entitlement for paid sick leave that may be provided by any City, State or Federal law or regulation.
The Unions acknowledge the provisions of the New York Sick Leave Act (Labor Law sec. 1 96-b) and further acknowledges that employees covered under this Agreement receive comparable benefits in lieu of the sick leave through the signatory Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of employees.
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The Unions waive the provisions of the New York City Earned Safe and Sick Time Act pursuant to NYC Admin. Code Section 20-9 1 6(a) and acknowledges that employees covered under this Agreement receive comparable benefits in the form of the signatory Employer’s contributions to the Vacation Fund and/or Annuity Voluntary Fund on behalf of employees.
| SECTION 7. | CONDITIONS (a) VARYING SHIFT COMMENCEMENT: |
It is understood and agreed that because of certain Ordinances of the City of New York governing certain operations such as blasting, etc. shift hours will be arranged to conform with such regulation, etc. and such shift work will be paid for at the single time rate in conformity with the terms contained in this Agreement.
(b) SHIFTING OF EMPLOYEES ON EQUIPMENT:
During a work shift, an Employer may move the crew or an individual operator from Machine A to Machine B, and then back to Machine A, when there is an emergency on the project or a breakdown on Machine A, with no additional pay to the crew or individual operator. During a work shift, an Employer may move the crew or an individual operator from Machine A to Machine B, when conditions or logistics enable such a move only with the prior approval of either the Master Mechanic or the Local Union Business Representative and said approval shall not be unreasonably withheld, with no additional pay to the crew or individual operator.
During a work shift, should an Employer move the crew or individual operator from Machine A to Machine B and then back to Machine A for the reasons other than those specified in this Section 6(b), the crew or individual operator shall receive two (2) hours’ additional pay.
During the work shift, should an Employer make an additional move, the crew or individual operator shall receive eight (8) hours’ additional pay.
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(c) PUMPING: Continuous pumping regardless of motor power and size is the work of the Maintenance Engineers. Wellpoint and River Cofferdam pumps are the work of the Operating Engineers under the jurisdiction of Local 14. Continuous pumping when using one air pump, shall be performed by the Operating Engineer under the jurisdiction of Local 14 manning the Compressor.
If two (2) or more air pumps are employed, a Maintenance Engineer will man said pumps in addition to performing other duties as required.
When a pump is used to pump any water accumulation, a Maintenance Engineer shall be employed to operate up to and including five (5) pumps.
When a motor generator is used to power a pump, only one (I) Maintenance Engineer shall be required. When a motor generator is used to power a heater, only one (I) Maintenance Engineer shall be required. When a motor generator is used to power both pumps and heaters, two (2) Maintenance Engineers shall be required. When a motor generator is used to power equipment other than pumps and heaters, an additional Maintenance Engineer shall be required. When a water condition exists, a Maintenance Engineer shall be employed for the pumping of all water until a temporary certificate of occupancy or its equivalent is issued.
A combination of 1-15 heaters, generators (lights) and/or pumps, will be maintained by one engineer to be paid at the predominate rate.
The Maintenance Engineer on a crane will maintain up to 5 water pumps.
WELL POINT, EDUCTOR, EJECTOR, DEWATERING SYSTEMS:
On installation, a Wellpoint crew shall consist of a Maintenance Foreman plus four (4) Maintenance Engineers. After a Wellpoint Dewatering System, Eductor, Ejector, Deep Well Pumps or any Dewatering System of a similar nature is installed and while operating, a Maintenance Engineer shall be employed including overtime and on off-shift
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jobs. No Maintenance Engineer shall be employed on said Wellpoint Dewatering System on any second or third shift.
After a Wellpoint Dewatering System is installed and while operating, if in addition to the Wellpoint Dewatering System Pumps, other gasoline, diesel or electric powered pumps are installed and operated to supply water to a recharge system, one (I) Maintenance Engineer shall be employed on each shift while said other pumps are operating.
After an Eductor or Ejector Dewatering System is installed and while operating, if in addition to the Eductor or Ejector Dewatering System Pumps, other gasoline, diesel or electric powered pumps are installed and operated, one (I) Maintenance Engineer shall be employed on each shift while said other pumps are operating.
(d) TUGGER HOISTS: Where the Tugger Hoist is used for pulling cars, a
Junior Engineer will be employed.
(e) MAINTENANCE AND REPAIR WORK-OVERTIME REPAIR
WORK AT WORK SITE:
All maintenance and repair work at a work site of any kind and description, exclusive of said work being performed by other trades, shall be performed by Employees covered under this Agreement.
Repair work during the work shift shall be performed by the crew on their own machines or by Maintenance Engineers.
On jobs where a Master Mechanic is employed, repair work during the work shift, shall be performed by the crew under the general supervision of the Master Mechanic and with such assistance of Maintenance Engineers if they are employed as the Master Mechanic deems necessary.
If a piece of equipment breaks down and is repaired on the jobsite on overtime, the crew or individual operator of said piece of equipment shall work on the repair during the overtime period, exclusive of welding, motor and compressor work.
(f) SATURDAY EMPLOYMENT: A Maintenance Engineer shall be
assigned to work on said Saturday provided at least one (I) Maintenance Engineer has
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worked on the project for a minimum of forty (40) hours prior to the said Saturday except at the commencement of a project.
The same conditions shall apply on overtime work.
(g) CONCRETE PUMPS: Concrete pumps are to be manned by Employees covered by this Agreement under the jurisdiction of Local 14 and Local 1 5.
(h) COMPRESSOR MANNING: Exclusive of Powerhouses, when
Compressors in battery are piped together and/or into a common receiver, they are to be
manned as follows: / or 2 Compressors
3 through 6 Compressors
(Maximum 7500 cu. ft capacity
such as 5-1500 cu. ft capacity
and/or 6-1200 cu. ft capacity)
7 Compressors
8 through 12 Compressors
Over 12 Compressors
I Local 1 4 Operating Engineer I Local 14 Operating Engineer and I Local 15 Oiler
2 Local 1 4 Operating Engineers
and I Local 15 Oiler
2 Local 1 4 Operating Engineers
and 2 Local 15 Oilers Repeat the above in the same Manner
(i) CONCRETE PUMPS AND MAINTENANCE TRUCKS:
When a truck mounted concrete pump or maintenance truck is employed, said truck shall be driven by an Employee covered under this Agreement in addition to the performance of his other duties.
(j) (a) MECHANICAL HEATERS: When one to fifteen Mechanical Heaters, Nelson or similar types are used and every portion thereafter, a Maintenance Engineer shall be employed on a straight shift basis. One Maintenance Engineer shall be required on each 5,000,000 BTU Heater.
(j) (b) RADIANT MECHANICAL HEATERS: When one to twenty, and every portion of twenty thereafter, Radiant Mechanical Heaters i.e. Vai 6 type or radiant mechanical heaters of a similar nature, are used, a Maintenance Engineer shall be
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employed at the rate of $36.54 per hour effective July I, 2020.
| (j) | (c) An Oiler can cover two (2) heaters or two (2) water pumps at the |
| dominant Maintenance Engineer rate. | |
| (k) | JOB SITE PLANTS: There will be a Maintenance Engineer employed |
| in the installation, maintenance and repair on a jobsite concrete plant when the plant utilizes any type loading device. | |
| (I) | All hydraulic cranes in excess of 35-ton capacity, shall be manned by two |
(2) men, one (I) Local 14 Engineer and one (I) Local 15 Maintenance
Engineer.
(m) (a) Manning requirements on erection and dismantling of all cranes will
be as follows:
I. The Maintenance Engineer assigned to the crane;
2. There shall be two additional Local 15 Maintenance Engineers
working in the gang. They shall be “hands on” in the erection and
dismantling process. These people will not cover any assist
equipment required in this process.
3. All assist equipment involved in the erection and dismantling process,
will be manned according to the contract.
(b) Manning requirements on the jumping of climbing tower cranes will be as follows:
The Crane Crew:
One ( I ) Local 1 4 Crane Operator
One ( I ) Local 15 Maintenance Engineer assigned to crane One ( I ) Local 1 4 Relief Engineer assigned to crane.
(n) JOB TARGETING:
Job Targeting for heaters, Deep Wells and water pumps traditionally maintained by Local 15.
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SECTION 8. NYS WAGE THEFT
It is the intent of the Parties to waive the Labor Law Section 198-E, pursuant to Labor Law Section 1 98-E (10).
ARTICLE V
WAGES AND WORK COVERED
SECTION la. MAINTENANCE ENGINEERS: Installing, repairing, maintaining, dismantling (of all equipment including: Steel Cutting and Bending Machines, Mine Hoists, Linden Peine, Lorrain, Liebherr, Mannes or machines of a similar nature, Wellpoint Systems, Driving Maintenance Trucks and Truck-mounted Welding Machines), when three (3) or more motorized concrete buggies (ride type) are utilized on the jobsite, they shall be serviced, maintained and repaired by the Maintenance Engineer.
| July I, 2023 -June 30, 2024 July I, 2024 -June 30, 2025 July I, 2025 -June 30, 2026 | $63.68$ 1.00 *$ 1.00 * |
* Distribution to be made mutually between the Union and the Employer at a future date.
SECTION lb. MAINTENANCE ENGINEERS:
Erection, dismantling and jumping of Climbing Tower Cranes (Pecco and Kodiks) and Crawler Cranes (straight and tower booms).
| July I, 2023 -June 30, 2024 July I, 2024 -June 30, 2025 July I, 2025 -June 30, 2026 | $63.97$ 2.64 *$ 2.64 * |
* Distribution to be made mutually between the Union and the Employer at a future date.
SECTION Ic. MAINTENANCE ENGINEERS: Operating, Installing,
Repairing, Maintaining, Dismantling: (all pumps regardless of motor power and size except
River Cofferdam Pumps and Wellpoint Pumps, Mechanical Heaters, Generators, Concrete
Mixers with Loading Device, Motor Generators when used for temporary power and
lights).
July I, 2023 -June 30, 2024 $48.53
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July I, 2024 -June 30, 2025
July I, 2025 -June 30, 2026
$ 1.00* $ 1.00 *
* Distribution to be made mutually between the Union and the Employer at a future date.
SECTION Id. MAINTENANCE ENGINEERS: Using Radiant Mechanical
Heaters.
July I, 2023 – June 30, 2024
July I, 2024 -June 30, 2025
July I, 2025 -June 30, 2026
$35.96 $ 1.00* $ 1.00*
* Distribution to be made mutually between the Union and the Employer at a future date.
SECTION 2a. SERVICE ENGINEER (OILERS):
(All gasoline, electric, diesel or air operated) Gradalls, Concrete Pumps, Power Houses, Driving and Operating Fuel and Grease Trucks; their duties shall be to assist the Engineer in
oiling, greasing and repairing all machines:
July I, 2023 – June 30, 2024
July I, 2024 -June 30, 2025
July I, 2025 -June 30, 2026
$57.73 $ 1.00 * $ 1.00*
* Distribution to be made mutually between the Union and the Employer at a future date.
SECTION 2b. SERVICE MECHANICS (OILERS ON CRAWLERS) : All gasoline,
electric, diesel or air operated Cranes; Backhoes; Trenching Machines; Gunite Machines;
Compressors (3 or more in Battery); Overhead Cranes in Power Houses; their duties shall
be to assist the Engineer in oiling, greasing and repair of all machines.
July I, 2023 -June 30,2024
July I, 2024 -June 30, 2025
July I, 2025 -June 30, 2026
$41.82 $ 1.00 * $ 1.00 *
SECTION 2C. OILERS ON TRUCK CRANES
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| July I, 2023 -June 30, 2024 July I, 2024 -June 30, 2025 July I, 2025 – June 30, 2026 | $59.26$2.53*$ 2.53 * |
SECTION 2D. OILERS ON CRAWLER CRANES
| July I, 2023 -June 30, 2024 July I, 2024 -June 30, 2025 July I, 2025 -June 30, 2026 | $42.95$2.13*$2.13* |
* Distribution to be made mutually between the Union and the Employer at a future date.
ARTICLE VI FRINGE BENEFIT FUNDS
SECTION I. WELFARE FUND CONTRIBUTION
Commencing July I, 2023 and continuing through June 30, 2026, the Employer agrees to pay the amounts indicated herein for Employees covered under this Agreement employed within the jurisdictional territory of the Union into a United States Treasury-approved Welfare Fund of the International Union of Operating Engineers, Local IS, ISA, ISC, I5D (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 ofcoverage as required by the New York State Disability Benefit Law.
SECTION 2. PENSION FUND CONTRIBUTION
Commencing July I, 2023 and continuing through June 30, 2026, 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
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Operating Engineers, Local 15, I5A, I5C, I5D (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, 2023, and continuing through June 30, 2024, contributions for the Welfare and Pension Funds as provided herein shall be at $7. 1 5 per hour for the Pension Fund and $13.05 per hour for the Welfare Fund.
Only the Pension Fund contribution will be applied to the straight-time payroll of each Employee and no contribution shall be on the premium portion of double or overtime of the payroll.
WELFARE FUND CONTRIBUTIONS SHALL BE PAID ON HOURS PAID.
(b) COVERAGE OF ADDITIONAL EMPLOYEES UNDER THE WELFARE AND PENSION FUND
Every present and future salaried regular Employee of the Union, the Welfare Fund, the Pension Fund, the Vacation Fund, the Annuity Fund, the Apprentice Fund and the Training Fund may participate in the benefits provided herein for Employees of the Employer for whose benefit the aforementioned contributions are made to the Welfare Fund and to the Pension Fund, provided that contributions at the rates hereinbefore stated are made to the Welfare Fund and to the Pension Fund for or on behalf of said Employees of the Union, the Welfare Fund, the Pension Fund, the Vacation Fund, the Annuity Fund, the Apprentice Fund and the Training Fund by the respective Employers of said Employees on the basis of the actual hours paid to them or the maximum rate required to be paid pursuant to this Agreement, whichever is lower.
The Regional Director of the International Union of Operating Engineers for the New York District and his staff may participate in benefits under the Joint Welfare Fund provided contributions on their behalf are made by Local 1 5 and 1 5A.
Coverage for the Employees of the Welfare Fund and Pension Fund may be
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indicated in the records of the respective Funds without actual payment on contributions on their behalf.
| SECTION 4. | VACATION FUND/POLITICAL ACTION COMMITTEECONTRIBUTION |
Commencing July I, 2023, and continuing through June 30, 2024, the Employer agrees to pay the sum of:
Five Dollars and Thirty Cents ($5.30) per hour for each single time hour paid
(includes Five Cents ($0.05) per hour for each single time hour paid for the Political Action Committee Fund.)
Ten Dollars and Sixty Cents ($ 1 0.60) 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 1 5 and 1 5A in stamps purchased from a United States Treasury-approved International Union of Operating Engineers, Local IS, ISA, I5D Vacation Fund (hereinafter “Local IS, ISA, I5D Vacation Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope and shall be cashed by Local IS, ISA, I5D Vacation Fund at such times as designated by the Trustees. Contributions of the Employer shall be used exclusively to provide benefits in such amount or amounts as the Trustees of Local 1 5, I SA, 1 5D Vacation Fund may determine as well as for the organization and administration of the Local 15, ISA, 15D Vacation Fund. The Local 15, I5A, 1 5D Vacation Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local 15, 1 5A, I5D and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.
| SECTION 5. | APPRENTICE AND TRAINING FUNDS’ CONTRIBUTION |
Commencing July I, 2023, and continuing through June 30, 2024, the employer
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One Dollar and Ten Cents ($1.10) per hour for each single-time hour paid;
Two Dollars and Twenty Cents ($2.20) per hour for each double time hour paid;
to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 1 5 and 1 5A in stamps purchased from a governmentalapproved International Union of Operating Engineers, Local 15, I5A, I5C 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 1 5, 1 5A, 1 5D Apprentice Fund may determine as well as for the organization and administration of the Local 15, ISA, 1 5D Apprentice Fund. The Local 15, I5A, I5D Apprentice Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local 1 5, 1 5A, 1 5D and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.
SECTION 6. UNION ASSESSMENT
The Employer agrees that there has been deducted from the wages of each Employee covered by this Agreement working under any of the classifications as set forth in Article V herein and territorial jurisdiction of Local 15, ISA and paid to said Local 15, 1 5A after proper execution by each Employee an authorization for the sum of:
Effective July I, 2023, through June 30, 2024:
Three Dollars and Thirty Six Cents ($3.36) per hour for each single time hour paid; Six Dollars and Seventy Two Cents ($6.72) per hour for each double time hour paid;
The membership voted to increase the Supplemental dues portion of the fringe benefit stamp $0. 1 6 per hour October 1 , 2006 and each year thereafter.
| July 1, 2024 through June 30, 2025: July 1, 2025 through June 30, 2026: | Increase of $0. 1 6Increase of $0. 1 6 |
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which sums shall constitute a part of said Employee’s Local 15, I5A Union Dues. Local 15, ISA agree to indemnify and to hold harmless the Employer from any and all claims, actions and/or proceedings arising out of said dues checkoff.
SECTION 7. ANNUITY FUND CONTRIBUTION – LOCAL I 5
Commencing July I, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum of:
Thirteen Dollars and Seventy Five Cents ($13.75) per hour for each single time hour paid; Twenty Seven Dollars and Fifty Cents ($27.50) per hour for each double time hour paid;
Further distribution to be made mutually between the Union and the Employer at a future date to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 15, ISA in stamps purchased from a United States Treasuryapproved Joint International Union of Operating Engineers, Local IS, ISA Annuity Fund (hereinafter “Local IS, 1 5A Annuity Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope and shall be remitted to the Local 15, ISA 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 IS, 1 5A Annuity Fund may determine as well as for the organization and administration of Local 1 5, 1 5 Annuity Fund. The Local IS, ISA Annuity Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local IS, ISA Annuity Fund and one-half by the Employers pursuant to an Agreement and Declaration of Trust. For the purpose of this Section 7, Local IS, ISA shall be considered a contributing Employer and shall make contributions on behalf of its full-time Employees who are not members of another Union for collective bargaining purposes.
SECTION 8. MEDICAL REIMBURSEMENT
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Commencing July 1, 2023 and continuing through June 30, 2024, the Employer agrees to pay the sum of:
Seventy Cents ($0.70) per hour for each single time hour paid;
One Dollar and Forty Cents ($ 1.40) per hour for each double time hour paid;
to each Employee covered by this Agreement working under the classification and territorial jurisdiction of Local 15, I5A in stamps purchased from an applicable governmental-approved International Union of Operating Engineers, Local 15, ISA Medical Reimbursement Fund (hereinafter “Medical Reimbursement Fund”). Said stamps are to be placed in the Employee’s weekly pay envelope, and shall be remitted to the Medical Reimbursement Fund by the Employee at such times as are designated by the Trustees. Contributions of the Employer shall be used exclusively to provide benefits in such amount or amounts as the Trustees of the Medical Reimbursement Fund may determine, as well as for the organization and administration of the Medical Reimbursement Fund. The Medical Reimbursement Fund shall be administered jointly by Trustees, one-half of whom shall be designated by Local 15, 1 5A and one-half by the Employers, pursuant to an Agreement and Declaration of Trust.
SECTION 9. CONSOLIDATED STAMP
Payment to the Local 15, ISA, I5D 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 1 0. INDUSTRY ADVANCEMENT PROGRAM
Commencing July I, 2023, all Employers covered by this Agreement shall contribute Eleven Cents ($0.1I) for each hour of employment of Engineers by separate check to the Cement League Advancement Program. All Employer contributions to this Program shall be remitted to the Office of the Welfare and Pension Funds, which shall provide the Employer with payroll reporting forms for such purpose. The office of the Welfare and Pension Funds shall deliver all such contributions to the Cement League Advancement Program located at 49 West 45th Street, Suite 900, New York, NY 1 0036.
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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.
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ARTICLE VII INDUSTRY ADVANCEMENT FUNDS
SECTION I. Each Employer shall pay a contribution of Eleven Cents ($0.1I) per hour
to the Cement League Industry Advancement Program. Such contribution shall be paid to the Pension, Welfare, Annuity, Supplemental Dues, Vacation/PAC and Apprenticeship Training Funds.
SECTION 2. Commencing July I, 2023, every Employer covered by this Agreement
shall contribute One Cent ($0.01) per hour for every hour worked by the Employees to the “New York Plan for the Construction Industry”.
Each Employer shall be bound by all the terms and conditions of the Agreement and Declaration of Trust establishing the New York Plan for the Construction Industry and by all by-laws adopted to regulate said Funds. The Trustees of said Funds shall secure the approval of the Treasury Department under the applicable provision of the Internal Revenue Code and shall amend the same if necessary to secure such approval so as to qualify the Employer contributions as deductions for Federal Income Tax purposes.
All Employer contributions to the New York Plan for the Construction Industry shall be remitted monthly to the Office of the Local 15, I5A International Union of Operating Engineers Fringe Benefit Funds. The Office of the Local 15, ISA International Union of Operating Engineers Fringe Benefit Funds shall deliver all such contributions to the New York Plan for the Construction Industry verifying the amount of each such contribution has been correctly computed by the Employer. The Office of the Local 1 5,
1 5A 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,
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Annuity, Vacation/PAC, Apprenticeship and Supplemental Dues Funds shall have any obligation or responsibility for the collection of such Employer contributions. The Industry Advancement Program and/or the New York Plan for the Construction Industry, however, shall reimburse the Pension, Welfare, Annuity, Vacation/PAC, Apprenticeship and Supplemental Dues Funds for all expenses incurred in the collection and distribution of contributions, which amount shall be deducted by the respective Funds from the contributions payable over to the Industry Advancement Program and the New York Plan for the Construction Industry.
ARTICLE VIII
WORK STOPPAGE FOR DEFAULT IN WELFARE AND PENSION
CONTRIBUTIONS
Whenever an Employer is in default on payments to the Welfare and Pension Funds referred to in Article VI of this Agreement and reasonable notice of such default is given to the Employer, the Union may remove the Employees from the work of said Employer. If said Employees who are removed, remain on the work during regular working hours, they shall be paid for lost time not to exceed three- (3) days’ pay.
Each Employer’s books and payroll records shall be made available upon demand of the Trustees, for audit and inspection by a representative of the Trustees at the reasonable business hours.
The Employer shall furnish the Trustees of the Pension Fund, the Trustees of the Welfare Fund, the Trustees of the Vacation Fund, the Trustees of the Training Fund and the Trustees of the Annuity Fund with reports for each calendar month not later than the IOth day of the month following provided the names, job classifications, social security numbers, wages earned and hours worked for all Employees covered under this Agreement, together with such other information as may be required by the Trustees for the proper and efficient administration of each of the said Funds.
Resort to a remedy under this Agreement or under the Agreements and
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Declarations of Trust for the collection of contributions due the funds or any one Fund, shall not be deemed a waiver of the right to resort to any other remedy provided therein or by law. Resort to one remedy at one time shall not be deemed a waiver of the right to resort to others at a future or subsequent time.
There shall be added to any delinquent payments from the date said payments should have been received, interest at the then prime rate and liquidated damages of 20 percent of said indebtedness and the cost of the audit, if any, to establish said indebtedness and attorneys’ fees of 25 percent of said indebtedness if referred by the Trustees to attorneys for collection all of which charges the parties agree are reasonable.
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ARTICLE IX
| TRADE AND JURISDICTIONAL DISPUTES | SECTION I. |
| Disputes between trade and disputes relative to questions of jurisdiction |
of trade shall be adjusted in accordance with the method set forth in the Joint Arbitration Plan of the New York Building Trades as adopted on July 9, 1903, and amended on April 5, 1905, and all decisions rendered thereunder or by the Referee, determining disputes arising out of the conflicting jurisdictional claims of the various trades shall be recognized by and be binding upon the parties thereto, except to the extent that Section 3 of the Joint Arbitration Plan requires the Employer to employ only members of the Union directly or indirectly through subcontractors or otherwise; providing, however, that nothing herein is intended to preclude the Employers from executing a Union security Agreement with the Union in accordance with provisions of Section 3(a)(3) of the Taft-Hartley Act.
ARTICLE X 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 3 of this Article X. The Joint Trade Board and Umpire are hereby empowered to hear, adjust and decide the matter at issue and a decision by any one of these trade agencies shall be final and binding on all parties.
SECTION 2. Within three (3) weeks of the execution of this Agreement, the Trade
Association together with the Union shall form a Joint Trade Board for its own trade to exercise the powers enumerated in Section I above. This Board shall be known by the following title:
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THE CEMENT LEAGUE TRADE BOARD
The Joint Trade Board shall consist of not less than three (3) and no more than five (5) members to represent the Employers and an equal number to represent the Union. Members shall be appointed or selected to serve not less than one (I) year. Any Board shall meet within forty-eight (48) hours after a written request has been made to one side by the other to meet for a specific purpose.
In voting, the Employers as such and the Union as such, shall each cast an equal number of votes and in the event of a tie vote or failure to reach a decision, the matter shall be submitted within ten (10) days to the Umpire. Any and all expenses shall be equally divided between and paid for by the parties to this Agreement.
SECTION 3. Any penalties which may result from such findings or decisions, are to be determined and imposed by the Association or Union, as the case may be, to which the member affected may belong.
Any Employer member of a Trade Board directly involved in any case brought before this Board, shall withdraw from the Board until the case is settled and an alternate shall be selected by the remaining Employer members to fill the temporary vacancy.
Any Union member of a Trade Board directly involved in any case brought before the 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
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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 XI VALIDITY
SECTION I. If the courts should decide that any clause or part of this Agreement is
unconstitutional or illegal or should any clause or part of this Agreement be found contrary to present or future laws, it shall not invalidate the other portions of this Agreement, it being the sole intent and purpose of this Agreement to promote peace and harmony in the craft along lawful lines.
ARTICLE XII TERM-RENEWAL
SECTION I. This Agreement effective July I, 2023 shall continue in effect until and
including June 30, 2026 and during each year thereafter unless on or before the fifteenth ( 1 5) day of March, 2026 or on or before the fifteenth ( 1 5) day of March any year thereafter, written notice of termination or proposed change shall have been served by either party on the other party.
In the event that written notice shall have been served, an Agreement supplemental hereto, embodying such changes agreed upon shall be drawn up and signed by June 30th of the year in which the notice shall have been served.
It is agreed by all parties to this Agreement that all desired changes to the Agreement will be exchanged sixty (60) days prior to the expiration of this Agreement, providing it is agreed that a proposed contract change after that date may be proposed.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized representatives as of the 1st day of July, 2023.
| INTERNATIONAL UNION OF OPERATING ENGINEERS, | THE CEMENT LEAGUE |
LOCAL 1 5- 1 SA
President and Business Manager International ice President
Michael Saigo £
Executive Director