This collective bargaining agreement (“agreement”) is made as of july 1, 2021 by and between the district council of ce! V! Ent and concrete workers, on behalf of itself and for its constituent local unions, local no. 6a, local no. 18a, and local no. 20 (hereinafter the local unions are referred to as “local unions”) (collectively “union”) affiliated with the laborers international union of north america, and the cement league (hereinafter “association”) on behalf of each and every of its members individually (”hereinafter, referred to as the “employer” or ”employers”). Cement & concrete workers district council 30-56 \vhitestone expressway suite 320 flushing, new york 11354 & the cement league 49 west 45th street 9th floor new york, new york 10036 article i (territory covered) section 1. This agreement shall apply to all jobs in greater new york city within its established boundaries. Article ii (objectives) section 1. The association and the employers obligate themselves and their agents and others controlled by them, directly or indirectly, to perform in good faith all provisions of the agreement; the union obligates itself to perform in good faith all the provisions of the agreement. Section 2. To establish and maintain wages, fringe benefits, hours and working conditions for the work on construction covered by the agreement in the territory to which it applies; to prevent strikes and lockouts; to ensure 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 iii (recognition and union security) section 1. The employer recognizes the union as the collective bargaining representative of employees performing bargaining unit work -within the geographic jurisdiction of the union. The term “employee” includes, without limitation, all persons employed on work within the trade and geographic jurisdiction of the union. The term nemployee11 as used in the agreement includes, without limitation, all persons who perform work as described : in 1 article vi of the agreement, traditionally performed by the employees represented by the union as well as all jurisdictional grants of the international union. Section 2. In the event that the employer directly hires its employees, the employer agrees to provide full names, addresses, phcne numbers and email addresses of those directly hired employees engaged in covered work, to the extent it collects this information. The employer agrees to provide union representatives reasonable access to the workplace during working hours to the extent pennitted by law. Section 3. It shall be a condition of employment during the term of this agreement that all employees who are members of the union on the effective date of this agreement shall be required to remain members of the union. New employees shall be required to become and remain members of the union after the seventh (7th) day following the date of their employment or the effective date of this agreement, whichever is later. Article iv (hiring) section 1. The employer shall notify the district council as to the location of each new job and the date when each job is to begin. Section 2. If an employer requests the union send employees to a job, the request shall include the number of employees, the location and the hour that they shall report. The union shall dispatch no more than the number of employees requested to the address of the job at the date and time requested by the employer. Competent cement and concrete workers who report to an employer or his responsible representative, not exceeding the number requested to report to the job, shall arrive at the requested address at the requested time and will be given employment for at least two (2) hours, except when it is beyond the control of the employer to proceed with the work. An employee ordered out as above and not put to work until after the lunch period shall receive seven (7) or eight (8) hours pay. Section 3. The employer shall employ and discharge whomsoever it sees fit and all employees represented by the union shall work for whomsoever they shall see fit in accordance with the terms of this agreement. Section 4. Any employee represented by the union shall be permitted to seek employment on any job of an employer where an employment office is not maintained on the job. If an employment office is maintained, the working foreman or hiring agent of the employer shall be conveniently accessible to applicants for work at least once each day. Section 5. Employers are urged to reserve those jobs not requiring full vigor for the employment of older employees. Section 6. On any job site an employee will not be permitted to work for any other employer while remaining on the payroll of his original employer except for emergencies. 2 articlev (apprenticeship) section 1. New applicants for membership , vho cannot provide proof of four thousand (4,000) hours or more of employment as construction craft laborer ( or, alternatively, cannot demonstrate equivalent skills in placement examination administered by the joint apprenticeship and training committee (hereinafter “jatc”)) shall, whenever possible enter the apprenticeship program. Any person entering but failing to maintain and complete his or her apprenticeship shall not be employed by the employer as a journey worker under this agreement. The failure of any apprentice to maintain his or her apprenticeship status shall obligate the employer to discharge such person upon notice from the union. Section 2. The apprenticeship and training standards approved by the federal bureau of apprenticeship and training and/or state apprenticeship committee are hereby incorporated by reference as part of this agreement. Section 3. The apprentice wage rate as of july 1, 2021 shall be: hours of credit 0-1,334 1,335-2,668 2,669—4,000 over4,000 wage rates 50% of journey worker 65% of journey worker 80% of journey worker journey worker this is to include 288 hours of classroom training. Section 4. The employer may pay a higher rate at its option. However, the apprentice must meet his or her commitments to the joint apprenticeship and training committee (jatc) regardless of level being paid. Section 5. The employer shall pay the fringe benefit package and contributions as listed in this agreement for the apprentice as described in article viii, ix, x and xi beginning july 1, 2021. A)annuity hours of credit 0-1,334 1,335-2,668 2,669—4,000, over4,000 b) pension hours of credit 0-1,334 over 1,334 rate 50% of journey worker 65% of journey worker 80% of journey worker journey worker rate 50% of journey worker journey worker 3 c) welfare hours of credit 0-4,000 and over rate. Journey worker d) all other fringe benefits and contributions are paid at journey worker’s rate. Section 6. The employer will participate in the apprenticeship program by accepting apprentices for employment upon referral by the union. For all laborers within the union’s geographical jurisdiction, the ratio of the workers for all jobs new and existing shall be two (2) primary rate workers to two (2) secondary rate workers to one (1) apprentice. Section 7. A) the employer shall have the absolute right to reject any apprentice or apprentices referred by the union. In the event of such rejection, the employer shall notify the union. The union may then refer another apprentice to the employer until the employer employs the correct ratio of apprentices. B) the employer shall have the absolute right to at any time to discharge any apprentice except that after initially employing an apprentice referred by the union, such apprentice shall be given a minimum of two (2) hours of employment. Further, whenever the employer discharges an apprentice referred by the union, the union shall be notified. The union may then refer a replacement apprentice to the employer in order to maintain the ratio that is required to be employed by the employer. Section 8. An apprentice should, whenever possible, be rotated by the employer through different types of work s0 3s to become trained in a variety of operations and work skills. Where the employer is unable to provide an apprentice the experience in the full range of craft skills, the jatc may request the union to reassign the apprentice to other employment in order to provide that experience. For so long as the employer is able to provide the necessary range of employment experience, the employer may choose to retain the apprentice from job to job but shall notify the union and jatc of all reassignments. Section 9. An apprentice shall not work on a job site unless supervised by a journey worker. The apprentice shall not be used to replace the flagmen or coffee men. Section 10. An apprentice shall not be laid off for taking time off from work to attend offsite training. Apprentices shall be paid for hours worked. Section 11. The cement league and the union shall meet as needed at any time during the term of this agreement to re-evalrnte the requirements for the hiring of the apprentices, the wages of apprentices, fringe benefits and other contributions for apprentices and other provisions relating to apprentices as shall be detennined. In the event the cement league and the union are unable to agree to change these terms, this agreement shall continue in full force and effect for its duration. 4 article vi (work covered) the employees in the bargaining unit shall perform all the following work: section 1. The handling and wheeling of unmixed or dry concrete material, the mixing, wheeling, spreading, leveling, placing, and ramming of concrete and cement mortar, the handling of all types and manner of form lumber or forms in connection vvith buildings and reinforcing steel; the hanging of all joists and the striking of centers and stripping of forms on the follovvi. Ng work: section 2. A) reinforced concrete walls, footings, and piers on all buildings. B) all reinforced concrete structures. C) concrete floor arch construction, cellar floors and sidewalks on all buildings. D) concrete used for fireproofing purposes. E) monolithic gypsum floor and roof slabs. F) concrete and cement mortar used in paving work. G) hydrolithic waterproofing. H) finished cement or composition floors. I) floor and roof fill. J) sleeper fill (except where the sleepers are placed over tile or brick arches). K) concrete roads, clffbs, concrete n: : taining walb, an<l mi: :. Cellaneuus cun1.. , tde, including pump and equipment foundations, within the confines of a building site. 1) concrete in piles, pile caps and grade beams on all buildings. M) concrete conduits, vault lights, concrete pipe trenches and tunnels connecting buildings. N) cement mortar applied under pressure by a “cement gun” or any other pressure machine, such as “guniting, ” ( operation of nozzle not included). O) spreading of porous fill a depth of twelve (12) inches under concrete slabs on all buildings. P) concrete swimming pools and transformer vaults. Section 3. Employees represented by the union shall also be employed on the following work when done in connection with the work enumerated in section 2 of this article: a) fine grading, if proceeding the placing of concrete on earth. Hand pumping casual rain water on all buildings. B) the hanging of tarpaulins to protect concrete from weather (with the exception of any rigid or semi-rigid frame to support same) and the covering and wetting do\11 and coating of completed concrete and finishing surfaces for curing or protective purposes on all buildings. 5 c) the handling of all cement and concrete debris and refuse derived from material used by the carpenters, cement masons and wire lathers on construction site. Final cleaning of all types of cement and concrete debris on all buildings shall be performed solely by cement and concrete workers. D) handling and tending any type of salamanders and all propane, diesel, kerosene or solid ( coke, coal, etc. ) fuels used for \vlllter protection of cement and concrete work: also the moving of salamanders and propane, diesel, kerosene or solid ( coke, coal, etc. ) fuels from floor to floor and from position to position. Tiris also includes any electrical heating device used for winter protection of cement and concrete work or any device that becomes available in the future. Two (2) cement and concrete workers shall be used to tend salamanders when seven (7) or more are used. “when two (2) or more electric and or fuel type blower devices are used then two (2) cement and concrete workers shall be employed. E) the cleaning and preparation of concrete floors to receive cement finish. Also, all materials used ~ithin the process of elevator saddle patching, rat patching, flash patching, gypsum, and self-leveling cement shall be unloaded, mixed, distributed by the employee as well as the handling of all refuse and debris derived from this work. F) cutting of concrete where cement finish is not to be applied, cutting openings in concrete walls and floors, the removal of concrete where concrete is being replaced on new and rehab work, and other concrete cutting not incidental to other trades. G) all labor in connection with cement and concrete work not specifically provided for under this agreement, except where same has been officially awarded, after due hearing, to another trade group. H) fire watching when required by employers. I) tending of cement masons, lathers, and carpenters on concrete construction, including handling of reinforcing steel and lumber and materials for all types of form work. J) tending of carpenter on fences and temporary prote-ction work on concrete buildings. K) erection of scaffolds up to fourteen (14) feet in height which are to be used by cement and concrete workers, lathers, and cement masons, and the planking of all scaffolds for concrete work. I) on alteration jobs, the removal of wooden partitions, wood and concrete floors, and rubbish collllected therewith, is to be done by cement and concrete workers. M) when concrete is poured by mason tenders as per mcaghon decision, the tending of cement masons, carpenters, and lathers is to be done by cement and concrete workers. 6 n) stripping of all concrete forms shall be done as follows: stripping of all columns, beam sides and beam bottoms, wall and footing fonns, flat arch forms of all types and construction, in fact all concrete fonns on building construction shall be perfonned with an equal number of cement and concrete workers and carpenters under the supervision of the carpenter foreman (stripping of concrete fonns agreement between new york district council of carpenters and cement and concrete workers district council dated may 31, 1956) . O) all concrete planks being set by hand shall be set by cement and concrete workers. P) with regard to concrete cylinders, where a, contractor has contracted a testing laboratory to break cylinders for him and the contractor himself is to take the cylinders, store them in a curing box and load them on a truck for transportation to the testing laboratory. The concrete laborer will continue to perform the services of taking the concrete from the truck to the cylinders, filling the cylinders, rodding the cylinders, placing them in the curing box and loading them on the truck for delivery to the testing laboratory. When a contractor has a contract vvith a testing laboratory to take and break cylinders for compressive strength, the concrete laborer will take the material from the concrete truck and deliver it to the inspector for placing in the cylinders and the cylinders will be under the care and protection of the testing laboratory’s employee. Q) the erection, maintenance and use of safety nets and equipment, barricades and certified flagmen where cement and concrete work is involved. R) t’ue unloading of all lumber, reinforcing steel and concrete ‘used in the erection of all buildings shall beperformed solely by cement and concrete workers. S) employees shall also continue to do al1 of the work which they have perfonned in the past. T) all materials that are used in the cement and concrete workers jurisdiction that are to be hoisted or moved with the use of any form of crane, shall be prepared for lifting and signaled by cement and concrete \yorkers, when cement and concrete contractor controls crane. U) all work performed in the past with reference to the erectio~jumping, jacking and dismantling of a crane controlled by the employer shall continue to be perfonned by the employee. Section 4. The union shall have jurisdiction over all reinforced concrete in all jobs, including alteration jobs, foundation building jobs and steel structures. Section 5. Concrete safety 1. Tfanagers (“csm”) shall be deemed covered work under this agreement. However, the employer may hire csms that are not members of the union if the following conditions are met: if the csm hired is a member ofa union, the 7 csm must belong to a union that is affiliated with the afl-cio and the building trades of new york. Nothing herein shall prevent employers from hiring csms unaffiliated with any union. Section 6. When five (5) of more cement and concrete workers are employed on a job site performing any of the covered work set forth in this agreement, the union shall refer one (1) additional cement and concrete worker, who must be capable ofperfonning the job to rake coffee and lunch orders and maintain the drinking water on the job site (“coffee person”). The referral and capabilities of the coffee person shall be \. Vithin the sole discretion of the union. “when the coffee person is not perfonning these duties, he shall be required to perform any and all duties of a cement and concrete \yorker assigned to him by the foreman. Section 1. Article vii (hours and overtime) a) seven (7) or eight (8) hours (to be declared at beginning of project) shall constitute a day’s work between the hours of 7:00 a. M. And 4:30 p. M. With one-half (1h) hour for lunch to be taken on either side of i 1:30 a. M. , 12:00 p. M. And 12:30 p. M. During the current agreement an employer is permitted to change the work day from or to a seven (7) hour or eight (8) hours only once thereafter during the length of job. The allowance of a second (2nd) change for a seven (7) or eight (8) hour work day (on ajobby-job basis when job conditions call for such action) may be granted at the discretion of the union. Reasonable time will be given for morning and afternoon coffee’byeaklt’ b) eight (8) hour day. For work below street level to the top of the foundation wall, not to exceed two (2) feet or three (3) feet above the sidewalk (brick shelf), when the employer does both the foundation and upper structure, the eight (8) hour day shall prevail. Section 2. A) flextime. Start at 6:00 am, 7:00 am. Or 8:00 a. M. With full crew. To be declared at the beginning of project and with the allowance of one (1) change thereafter in job start-time during length of project. The allowance of a second (2nd) change for a 7:00 a. M. Or 8:00 a. M.. Start-time (on a job by job basis v,1henjob conditions call for such action) may be granted at the discretion of the union. B) on all site work (which includes curbs, sidewalks and retaining walls) shall be eight (8) hour day. Emergency work involving danger to life and/or property may be performed without the above notice being given. 8 section 3. A) the legal holidays shall be: new year’s day good friday independence day columbus day thanksgiving day presidents’ day memorial day labor day presidential election day christmas day during the term of agreement, this section may be modified to address a uniform holiday schedule within the trades of the cement league. B) if the employees work the last regular work day before christmas day or the last regular work day before new year’s day, they will work three and one half (3 12) hours and receive seven (7) hours pay on jobs with a seven (7) hour work day and will work four (4) hours and receive eight (8) hours pay on jobs with an eight (8) hour work day. The pay for time not worked on these days shall have dues deducted and fringe benefit contributions. All work performed after three and one half (3 12) or four (4) hours, respectively, on these days shall be paid at the overtime rate of time and one half c) religious holidays: if the ovmer or developer chooses to dose the job in observance of his religious beliefs, the employees shall make up the losttimdnthe prior week: 1 hour per day at time and one half rate (11 h). D) day after thanksgiving: if the owner or developer chooses to close the job the day after thanksgiving, the men shall make up the lost time in the prior week: one (1) hour per day at time and one half rate (11 h). E) if a legal holiday falls out on saturday, it shall be observed on the previous friday. If a legal holiday falls out on sunday, it shall be observed on the following monday. Section 4. Two (2) or three (3) shifts may be employed at straight time rates plus ten percent (10%) differential as provided for in article viii, section 1. \vhere cement and concrete workers are employed on shifts, the hours of employment must be broken up to allow time for meals. Vilhere two (2) shifts are employed, one (1) of the shifts must be worked at the established hours of the regular workday. Section 5. “whenever employees are required to work during the lunch hour break between 11:30 a. M. To 12:00 p. M. Or 12:00 p. N:. To 12:30 p. M. , they shall be paid overtime at time and one-half (1 12) for such work. In that event, such employees shall be provided with twenty (20) minute lunch break , vi. Thin a reasonable time period. 9 section 6. Double time shall be paid for work on sundays and all legal holidays as stated in article vii, section 3. Section 7. A) time and one-half (1 12) shall be paid for all overtime work on weekdays and for all work on saturdays. B) on shift work (work extending over a twenty-four [24] hour period), time and onehalf shall be paid only for work performed on saturdays, and double time for work perfonned on sundays and holidays. C) v/henever an employee works on more than one (1) shift in a twenty-four (24) hour day, he shall be paid at overtime rates after the first seven (7) or eight (8) hours of work in accordance with the rate specified in this article. D) single time shall be paid for work tending salamanders & all other heating devices. Such work performed between midnight friday and midnight sunday and on holidays, shall be paid at time and one-half (1 12). Whenever an employee works more than seven (7) or eight (8) hours on each shift tending salamanders, he shall be paid time and onehalf (1 12) for the additional work. Article viii (wages) section 1. Wage increases and/or increases in contributions to fringe benefit funds shall be as follows: a) subject to the 2021 union’s right of allocation as provided in article ix, section l(‘g. ) hereof, and effective july 1, 2021 wages shall be a book $48.28 and b book $37.80 and contributions to c&cwdc fringe benefit funds shall be a book $19.70 and b book $15.70 for straight time work monday through friday. B) effective july 1, 2022, wages and/or fringe benefit contributions shall be increased by $1.00 per hour. C) effective july 1, 2023, wages and/or fringe benefit contributions shall be increased by $1.00 per hour. D) effective july 1, 2024, wages and/or fringe benefit contributions shall be increased by $2.00 per hour. E) effective july 1, 2025, wages and/or fringe benefit contributions shall be increased by $2.00 per hour. F) the district council shall have discretion to allocate any of the above increases either to wages or to any of the fringe benefit funds, however the district council must comply with any reasonable request from the trustees of the welfare fund and/or the pension fund to increase contributions to welfare fund and/or pension fund. 10 section 2. A) working foreman shall be employed on a weekly basis except at the inception of employment. B) the employer is not restricted from paying a working foreman a higher wage rate, but the minimum wages for working foremen shall be as follows: effective july 1, 2021 the wage for working foremen and assistant foremen (deputies) shall be $48.28 per hour based on 35 hours plus overtime plus an additional $100.00 per week for foremen and $48.28 per hour based on 35 hours plus overtime plus an additional $70.00 per week for assistant (deputy) foremen with any subsequent increases equal to the increases of the prescribed rate for cement and concrete workers. C) increments shall be identical to those specified in article viii, sections i (b) and i ( c ), and shall be allocated by the district council. Section 3. Wages shall be paid weekly on the job before 3:30 p. M. On fridays, said wages to be paid in cash in envelopes, upon the outside of which shall be plainly marked the social security number, the hours worked, the week ending date and the amount of money enclosed. Any deductions from wages now or hereafter required by law shall be marked on the face of the envelope. At the employer’s option, payment of wages may be made by check, said check to be todd insured a. B. C. Check or similar type, which shall be delivered to the employees at least one day preceding a banking day. If the employees are not paid as specified above, double time shall be paid for friday between the hours of 3:30 and 5:30 p. M. , and single time for v, , , ‘aiting time thereafter until paid, not exceeding fourteen (14) or sixteen ( 16) hours, provided, that the employees report to and remain on the job during the said fourteen (14) or sixteen (16) hours of waiting time. ‘ ‘ section 4. A) notwithstanding anything herein contained, the employer shall have the right to make weekly payments of wages by check provided: 1. All legal requirements are complied with; 11. Checks indicate hours worked and the rate of pay in accordance with the provisions of this agreement; iii. The check and the check stub bear the imprint and address of the employer; and 1v. Checks reflect the amount deducted for dues check-off and nyslpac contributions in accordance with the provisions of this agreement. B) in the event that a salary check is not honored by the bank on which drawn for any reason whatsoever, then the cement and concrete worker affected thereby shall be entitled to two hundred dollars ($200.00) for waiting time, section 5. An employee who is discharged or laid off shall be given one-half (1/2) hour notice and shall be paid in cash or check. The employer may elect to pay by mail for layoff, in which case the employer shall mail the layoff check to the employee no more than two (2) business days from the date of layoff. This does not apply to any temporary suspension of work during any pay week for reasons beyond the control of the 11 employer. Employees who stops work by their own volition shall receive their pay on the following pay day, either on the job or at the employer’s office, at the employer’s discretion. Section 6. Each employer shall exhibit on demand satisfactory evidence it is protected by workers’ compensation insurance. Section 1. Article ix (check-oft) a) the employer shall deduct from the gross wages, subject to payroll taxes, of each employee working under the jurisdiction of the union who has signed an employee assignment authorizing the deduction of working dues checkoffs conforming to federal law, the sum of two dollars ($2.00) per hour, which sum constitutes part of each employee’s union dues and one dollar and thirty-five cents ($1.35) per hour for the organizer fund which the union has specified, or any additional sums per hour hereafter specified by the union, and then transmit such sums to the union ( or to any agency designated by the union for the collection of said sums), not later than one (1) week after said deduction. The sums transmitted shall be accompanied by a statement, in a form specified by the union, reporting the name of each person whose working dues check-offs and organizer fund check-offs are being paid and the number of hours each employee has been paid. B) it is mutually agreed that the employee assignment authorizing the deduction for working dues check-offs shall be in blanket form conforming to federal law and filed with the union. The union agrees to indemnify and hold harmless the employer from any and all claims and for actions arising out of such deduction provided that the working dues check-offs have been paid over by the employer to the union. Section 2. The dues of two dollars ($2.00) per hour and one dollar and thirty-five cents ($1.35) per hour for the organizer fund are to be deducted from the employee’s gross wages and are subject to payroll truces. The two dollars ($2.00) per hour working dues and one dollar and thirty-five cents ($1.35) per hour organizer fund shall be remitted to the welfare fund. Employer agrees to deduct from wages, dues and organizer fund any amount that the union establishes and provides for by written notice. Section 3. The employer shall deduct thirty cents ($.30) per hour for all hours worked, including overtime and double time hours, by employees, including working foreman, : from the gross wages, subject to payroll truces, of each employee who has signed a joint payroll check-off, conforming to all federal law, authorizing the deduction of contributions to the nyslof. Nyslof contributions shall be used to promote union organization regionally, as well as other purposes consistent with relevant law. Section 4. The employer shall deduct ten cents ($.10) per hour for all hours worked, including overtime and double time hours, by employees, including working foreman, from the gross wages, subject to payroll taxes, of each employee who has signed a joint payroll check-off, conforming to all federal law, authorizing the deduction of contributions to the pac, or such other amount as specified in the employee’s joint payroll check-off authorization. The contributions shall be used for political purposes, including, but not limited to, the support of candidates for federal, state and local office. 12 such sums deducted by the employer shall be transmitted to the union ( or to any agency designated by the union for the collection of said sums) no later than one (1) week after said deduction. Such sums transmitted shall be accompanied by a statement, in the form specified by the union, reporting such information as the union shall require from time to time including a list of the names of those employees for whom such deductions have been made and the amount deducted for each such employee. The authorization and contributions by the employee shall be vo: untarily made and are not conditions of membership in the union or of employment by the employer. An employee may contribute more or less than any guideline amount suggested, or not at all, and shall not be favored or disadvantaged by the union for doing so. The employee assignment authorizing the deduction of wages as aforesaid may be revoked by the employee in writing at any time. Articlex (fringe benefit contributions) section 1. A) welfare fund. Each employer shall pay nine dollars and ninety-five ($9.95) per hour for all hours worked, including overtime hours, by employees, including working foreme~ to the cement and concrete workers welfare fund for the purpose of providing medical, surgical, hospitalization, death, paid family leave and such other forms of group benefit for eligible employees, their spouse and eligible children as the trustees may determine. In additio~ the c&cwdc welfare fund shall provide coverage to conform to the new york state disability insurance law and paid family leave for all eligible employees. Said contributions shall be paid to the c& welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. B) vacation benefit. The welfare fund accepts a three dollar ($3.00) per hour aftertax contribution for vacation pay as a supplement to the regular welfare fund to provide time off. Titls benefit is one of the benefits supporting the parties’ waiver in article x, section 8. Section 2. Pension fund. The pension fund contributions shall be paid according to the “a book” and “b book” rates set forth below: a) a book. Each employer shall pay eight dollars ($8.00) per hour for all hours worked, including overtime hours, by employees, including working foremen, to the cement and concrete workers pension fund for the purpose of providing pensions and other benefits for eligible employees as the trustees may determine. Said contributions shall be paid to the c&cwdc welfare fund, as collection agent at the same time as contributions to these other fringe benefit funds. B) b book. Each employer shall pay four dollars ($4.00) per hour for all hours worked, including overtime hours, by employees, including working foremen, to the cement and concrete workers pension fund for the purpose of providing pensions and other benefits for eligible employees as the trustees may determine. Said contributions 13 shall be paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. Section 3. Annuity fund. The annuity fund contributions shall be paid according to the “a book” and “b book” rates set forth below: a) a book. The annuity fund will be paid eight dollars ($8.00) per hour on all hours worked by employees including working foremen from monday through friday; on saturday, eleven dollars and fifty cents ($! 1.50) per hour; and on sundays and holidays, fifteen dollars ($15.00) per hour and any annuity fund increase would be in the same proportion. Said contributions shall be paid to the c&cwdc welfare fund as collection agent, at the same time as contributions to these other fringe benefit funds. B) b book. The annuity fund will be paid four dollars ($4.00) per hour on all hours worked by employees including working foremen from monday through friday; on saturday, five dollars and fifty cents ($5.50); and on sundays and holidays, seven dollars ($7 .00) per hour and any annuity fund increase would be in the same proportion. Said contributions shall be paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. Section 4. Training and apprenticeship fund. Each employer shall pay a contribution of ninety four cents ($.94) per hour on all hours worked, including overtime hours, by employees, including working foremen, to the cement and concrete workers training apprenticeship fund. Said contributions shall he paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. The training and apprenticeship funds purpose is _providing. Training and education and related benefits for those eligible as the trustees may determine. Section 5. A) each employer shall pay a contribution of fifteen cents ($.15) per hour for all hours worked, including overtime hours, by employees, including working foremen, to the new york state laborers/employers cooperation and education trust (nyslecet). Said contributions shall be paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. The trustees of the nyslecet shall secure a determination of tax-exempt status under the internal revenue code from the treasury department. B) each employer shall pay a contribution of ten cents ($.10) per hour for all hours worked, including overtime hours, by employees, including working foremen to the laborers national health and safety fund (lnhsf). Said contributions shall be paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. The trustees of the laborers national health and safety funds shall secure a determination of tax-exempt status under the internal revenue code from the treasury department. 14 section 6. Scholarship fund. Each employer will pay a contribution of six cents ($.06) per hour for all hours worked, including overtime, by employees, including working foreman to the cement and concrete workers scholarship fund. Said contributions shall be paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. The scholarship fund will provide scholarships to eligible children of union members who wish to pursue higher education and who meet the criteria as outlined within the scholarship funds guidelines and as the trustees may determine. Section 7. C&cwdc labor/management cooperative trust fund. Each employer will pay a contribution of fifty cents ($.50) per hour for all hours worked, including overtime hours, by employees, including working foreman to the cement and concrete workers labor/management cooperative trust fund. Said contributions shall be paid to the c&cwdc welfare fund, as collection agent, at the same time as contributions to these other fringe benefit funds. The c&c\\idc labor/management cooperative. Trust fund shall be to identify and expand work opportunities for cement and concrete workers and to promote efficiency in operations and the economic competitiveness of the union and the employers in the territorial jurisdiction of the union. Section 8. Retroactive to october 1, 2020, the parties hereby expressly waive city and state legislation regarding paid time off, including (i) the new york city earned sick and safe time act (chapter 8 of title 20 of the administrative code of the city of new york), as amended and (ii) the new york state paid sick leave law (section 196-b of the new york labor law) which guarantee sick leave, vacation or paid time off benefits to employees that is different from the benefit provided in the collective bargaining agr~ment. If any of the waivers included in this paragraph are deemed ineffective or invalid (in whole or in part) by a court or other body, or the waivers are ineffective or invalid for any other reason, the parties agree to replace this paragraph with appropriate language to waive the provisions of the applicable legislation. Further, the parties agree and acknowledge that the collective bargaining agreement provides benefits comparable to those provided by the new york city earned sick and safe time act and the new york state paid sick leave law, including, but not limited to, vacation pay and all other paid leave provided by the collective bargaining agreement. The parties also agree and acknowledge that the collective bargaining agreement provides benefits comparable to those provided by any new city and state sick leave, vacation or paid time off benefit legislation to employees covered bj the collective bargaining agreement. Section 9. Welfare fund, pension fund, annuity fund, scholarship fund and training and apprenticeship fund coverage shall also be provided to all employees of the c&cwdc fringe benefit funds, and all full-timed salaried officers, eligible employees of the district council and its local unions, provided contributions are made on their behalf. 15 section 10. A) each employer, at the discretion of the union, may be required to post a surety bond to insure payment of contributions to the welfare, pension and annuity funds. In lieu of a bond or as a supplement to a bond, an employer may be permitted, at the sole discretion of the c&cwdc fringe benefit funds to furnish cash and/or collateral alternatives in satisfaction of this bonding requirement. The c&cwdc fringe benefit funds may, in its absolute discretion, require an additional increase in the amount of the bond posted by an employer. Tue employer’s bond, if requested by the union, shall be as follows: number of members of bargaining unit employers employing up to and including ten (i 0) employees employers employing more than ten (10) and up to and including twenty-five (25) employees employers employing over twenty-five (25) employees anwunt o(bond $20,000 $50,000 $100,000 b) if an employer is determined to be delinquent by audit in an amount greater than its surety bond the surety bond shall be increased to cover twice the amoullt of the indebtedness. If this is not done, the union shall have the right to remove all members of the bargaining unit from the employ of the employer without notice. C) the trustees of c&cwdc fringe benefit funds shall have the right to request any employer to increase the amount of its surety bond whenever they deem it necessary for the protection of c&cwdc fringe benefit funds. D) each joint venturer shall furnish the union with a rider from their respective surety company, confirming that their respective bond protects c&c\vdc fringe benefit funds during the period of the joint venture. E) in the event the c&cwdc fringe benefit funds receive payment either on a bond or through forfeiture of a certificate of deposit or collateral alternative under this article and said payment is insufficient to satisfy the entire deficiency in the payment of contributions to the fringe benefit funds set forth in this agreement and in remittance of dues checkoffs and nyslpac contributions to the union, then the trustees shall make pro rata payments to each fringe benefit fund set forth in this agreement and to the union in an amount equivalent to the percentage of the total deficiency received by the trustees through forfeiture of the bond or the certificate of deposit or collateral alternative. 16 section 11. \vhenever an employer is in default on payment to any of the herein above mentioned funds, and reasonable notice of such default is given to the employer, and if the payments are not made, the union may remove employees covered by this agreement from the work of such employer. If such employees who are removed remain at the job site during regular working hours, they shall be paid for lost time not to exceed three (3) days pay. Section 12. The employer shall retain, for a minimum period of six ( 6) years, payroll and related records necessary for the cof\duct of a proper audit in order that a duly designated representative of the trustees may make periodic review to confirm that contributions owed pursuant to this agreement are paid in full. In the event, after the trustees have made a reasonable request, the employer fails to produce its books and records necessary for a proper audit, the trustees, in their sole discretion, may determine that the employer’s weekly hours subject to contributions for each week of the requested audit period are the highest number of employee hours for any week during the twelve preceding months audited, or paid, during the last twelve (12) months for which reports were filed, whichever weekly number of hours is greater. If the hours reported by employees exceed such amount, the hours reported by such employees shall be used as the criterion of contributions owed. Such determination by the trustees shall constitute presumptive evidence of contributions owed. Prior to making such determination, the trustees shall mail a final ten (10) day \vtittefinotice to the employer advising it that such determination shall be made if the employer does not schedule a prompt audit. Nothing herein shall mean that the funds relinquish their right to commence legal proceedings to compel an examination of the employer’s boo:. Cs and records for audit. Section 13. A) employer books and payroll records shall be made available upon demand of the trustees of the funds for audit and inspectiqn by a representative of the trustees during reasonable business hours. The employer shall maintain and be required to disclose upon such audits all payrolls and payroll ledgers including office payrolls, yard payrolls, new york payrolls, new jersey payrolls, computer payroll printouts, w-2 forms, quarterly payroll tax returns (form 941), quarterly state payroll tax returns (form nys 45), annual federal and state tax returns, journals, purchase journals, new york state employment records, insurance company reports, employer remittance reports, payroll and supporting checks, ledgers, expense vouchers, 1099 forms, cash disbursements, check register, evidence of unemployment insurance contributions, payroll tax deductions, disability insurance premiums, certification of workers compensation coverage, checks in support of any governmental filings or tax payments, remittance reports and checks in support thereof and any other documentation concerning payment of fringe benefit contributions for hours worked by employees remitted to multi-employer fringe benefit funds other than the c&cwdc fringe benefit funds described herein, and any other items concerning payrolls. Further, the employer shall assist the shop steward in securing the block and lot information, owner of job location, party or parties for whom or under whom the employer is working, contact number for project and employer’s joumeypersons working on the job if required by contract, certified payrolls and other relevant job information. In addition, the aforementioned books and records of any affiliate, subsidiary, alter ego, joint 17 venture or other related company of the employer shall also be made available at all reasonable times for inspection and audit by, but not limited to, the accountants, outside independent auditors or other representatives of the trustees of the c&cwdc welfare, pension and annuity funds. B) “when auditors are sent to audit the books and records of the employer and a definite appointment is scheduled and the auditor cannot su-t at the appointed time and date and must return, or when complete payroll records required herein are not furnished, then the employer shall be penalized and pay the sum of $500.00 per auditor, to cover the expense of the auditor. C) it shall be a violation of this agreement for any employer to fail to furnish proper payroll 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 reasonable notice. If such members who are removed remain on the job site during regular working hours, they shall be paid for lost time not to exceed three (3) days pay. D) in the event the employer does not make timely payment of contributions to c&cwdc fringe benefit funds required herein, it is agreed that such employer shall be liable for the payment of such contributions and check off with interest of eighteen percent (18%) per annum plus liquidated damages of twenty percent (20%) of the amount owing and all costs including, but not limited 10, reasonable audit and accounting expenses, witness cost and attorney’s fees and court costs. E) the employer aclmowledges and understands that the above liquidated damages are cumulative and are rcq_uire{‘i_ to protect the fiscal integrity of the fringe. Bcnefit=ft. Ilids,. Where collection of payment is made pursuant to a judgment against the employer, the employer recognizes the trustees’ right to receive liquidated damages, interest, costs and attorneys’ fees provided for pursuant to the employee retirement income security act, as amended. In no event shall an employer be liable for any of the above listed liquidated damages, interest costs or fees for which its subcontractor may be liable. F) the employer recognizes that when payment of fringe benefit contributions pursuant to tlris agreement is made by check or other negotiable instrument which is returned uncollected, the fringe benefit funds incur additional cost and expense. The employer hereby agrees that in the event any payment to the fringe benefit funds by check or negotiable instrument results in the check or negotiable instrument being returned without payment after being duly presented, the employer shall be liable for additional damages in the amount of$250.00 to cover such additional costs, charges and expenses. Nothing herein is intended, nor shall it be interpreted, to mean that the fringe benefit funds or union waive any other liquidated damages required to be paid pursuant to this agreement in the event employer contributions are not paid in full and at the time required. G) any employer who is delinquent in paying its weekly contributions to c&cwdc fringe benefit funds shall pay nine percent (9%) interest on all late payments or such additional amounts provided by law or the c&cwdc fringe benefit funds. 18 h) any employer whose account with any of the fringe benefit funds is found upon regular or special audit ordered by the trustees of any of the fringe benefit funds to be substantially delinquent, as defined herein, shall bear the actual cost of the audit and the trustees of the various fringe benefit funds shall be empowered to charge interest on delinquent contributions at such rate as they in their discretion may determine. I) substantially delinquent is defined as any deficiency in the payment of fringe benefit contributions to the trust funds in excess of ten percent (10%) of the fringe benefit contributions paid to the trust funds during the period that is subject to the audit. Section 14. The president, vice president, secretary-treasurer, any other officer, three largest stockholders, partners, proprietor and executive manager of a corporation, partnership, company, joint venture or proprietorship or other entity, as such terms apply to the employer, aclrnowledges that he or she is personally benefited by this agreement and that this agreement is as well entered into on such individual’s behalf alld he or she is vested with the authority and control over the submission of reports and/or payment of contributions to c&cwdc fringe benefit funds and aclrnowledges that he or she shall be personally and individually obligated to submit the required reports and pay the required contributions to c&cwdc fringe benefit funds for all work performed by employees. All payment of contributions to the c&cwdc fringe benefit funds shall be paid in one check to the c&cwdc welfare fund, and distributed to the various funds in accordance , vi. Th the terms of this agreement. Section 15. Employer contributions shall be made weekly or monthly, at _the discretion of the union, byeach elllployer, accompanied by a reporting form provided by the c&cwdc fringe benefit funds. The form shall provide, at a minimum, the name of employees, their social security number and the number of hours worked, and such other further data as the trustees may from time to time detennine in their sole discretion to be necessary. The trustees, in their sole discretion, may require any employer to provide electronic submission of the employer’s reporting form as the trustees determine. Such payment shall be remitted not later than the last day of the following pay week. Section 16. Any delinquent employer shall be required to pay all fringe benefit funds on a weekly basis. Such requirements shall be determined by the trustees of the fringe benefit funds. Section 17. “where payment is made or an audit is conducted pursuant to a judgment or court order, the employer recognizes the right of the trustees of c&cwdc fringe benefit funds to have the court enter an order permanently enjoining the employer and its agents, representatives, directors, officers, stockholders, successors and assigns, for the remaining term of the agreement from failing, refusing or neglecting to submit the required employer remittance reports and1 or to pay the required contributions to c&cwdc fringe benefit funds, and requiring the employer to cooperate in an audit in 19 accordance with the provisions of the agreement. In consideration of the agreement the employer represents and warrants that it will not raise any defense, counterclaim or offset to the trustees application for this order. Section 18. Each employer agrees to be bound to all trusts, plans, acts, and resolutions of each of the c&cwdc fringe benefit funds. Section 19. The employer recognizes the welfare fund as the agent for the collection of all contributions. Article xi (industry advancement funds) section 1. Each employer shall pay a contribution of twenty-six cents ($.26) per hour to the cement league industry advancement program (cliap). Such contribution shall be remitted to the cement and concrete welfare funds. Section 2. Neither the union nor the trustees of the welfare fund shall have any obligation or responsibility for the collection of such employer contributions. The industry advancement program, however, shall reimburse the welfare fund 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. Article xii (working foremen, shop stewards, job referral procedures and union representatives) section 1. When eight (8) or more cement and concrete workers are employed on a job, one (1) shall be designated as the working foreman who shall be a member of the union as selected by the employer. When there is no foreman employed, the shop steward shall be the first (1st) employee on project. Section 2. When a working foreman. Is employed, he shall have the right to hire and discharge cement and concrete workers. Section 3. The working foreman shall be the agent of the employer and shall not be tried for any of his acts as a foreman without due notice of a trial accompanied by a written statement of the charges against him being given to the joint trade arbitration board. Section 4. The first laborer on the job site shall be referred by the employer. The second laborer shall be the 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. When the shop steward has completed his work on behalf of the . Union, he shall perform any work within his trade assigned to him by the employer. 20 section 5. A) the third cement and concrete worker shall be selected by 1he employer and 1he fourth cement and concrete worker shall be refurred to the employer by the union. Thereafter, for each additional cement and concrete worker selected by the employer, one cement and concrete worker shall be referred by the union in the event additional cement and concrete workers are required so that a balance shall be maintained from that point forward of fifty percent (50%) of 1he cement and concrete workers selected by 1he employer and fifty percent (50%) referred to 1he employer by 1he union. The working foreman selected by 1he employer shall not be counted in 1he 50% – 50% calculation. B) the employer shall have 1he absolute right to reject any job applicant or applicants referred by the union. In the event of such rejection, the employer shall notify the unioil the union may then refer another applicant or applicants to the employer until the number of cement and concrete workers required to maintain the 50% – 50% balance are employed by 1he employer. C) the employer shall have the absolute right at any time to discharge any cement and concrete worker except that after initially employing a cement and concrete worker referred by the union, such worker shall be given a minimum of two (2) hours of employment. Further, whenever the employer discharges a cement and concrete worker referred by the union, the union shall be notified. The union may then refer a replacement applicant to the employer in order to maintain the 50% – 50% balance pursuant to section 5 (a) and (b) above. D) notwithstanding any of the pro: visions of this article xii, when the employer’s work force is reduced to three (3) cement and concrete workers (the shop steward, foreman and one (1) cement and concrete , vorker referred by the employer) shall man the job site; however, the fourth laborer on the job will come from the union and the fifth laborer from the employer. In the event the work force is again increased, the 50% – 50% ratio will be applied. Section 6. No person representing the union except its business representatives shall have the right to interview the employees during business hours. The business representatives shall comply with all general conditions of the job regarding passes, entrances to be used, etc. Article xiii (working conditions) section 1. Where an employee works on more than one (1) job for an employer during the same day, the employer shall reimburse the employee his car fare to travel between jobs or shall supply the transportation. Any employee transferred from one (1) job to another during working hours shall be paid for time actually spent in traveling. Section 2. The employer is to provide a shanty satisfactory to the joint trade arbitration board in every new building or alteration, subject to their control, on which 1hey are doing work. 21 a satisfactory shanty shall have the door hung in such a way that the hinges 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 the 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. Keys to said shanty shall be provided which shall not be masterkeyed to other locks belonging to the employer. One (i) of these keys shall be held by the job steward, one (1) by the foreman in charge of the cement and concrete workers and one by the employer or his designated agent. An employer who has complied with the requirements of this section is only responsible for loss of clothing due to the burning, hurricane or forcible entry of the shanty and such liability shall be limited to a sum not to exceed: $200.00 for overcoat $150.00 for clothing including $100.00 for shoes upon the submission of proper proof of loss to the joint trade arbitration board. Section 3. The employer shall supply on the job all tools, hardhat, including overshoes or boots, and raincoats, if required in performing the work covered by this agreement. The employee shall be responsible for work clothes and work boots. Upon receiving first hardhat from employer the employee is then responsible for replacement hardhat. The employer may charge the employee the sum of seven dollars and fifty cents ($7.50) if the employee does not replace hardhat on his/her own. Section 4. Scoop shovels shall not be used in handling concrete, cement mortar, gravel or bfoken stone. Section 5. The employer agrees to furnish an adequate supply of potable drinking water on all jobs. Section 6. Wheelbarrows or concrete carts used in handling concrete shall not have their sides extended or built up. A lansing f-4 wheelbarrow and a lansing k-1 or k-4 concrete cart (or any similar make of wheeibarrow or cart of equal capacity) shall be considered standard. In the handling of concrete mixtures, etc. , in concrete carts, the amount carried shall not exceed the rated capacity of the cart. In the handling of cinder concrete, in wheelbarrows, same shall not be loaded in excess of 4 1 h cubic feet. Section 7. Whenever a platfonn hoist is used on a job for hoisting lumber, reinforcing steel and all cement and concrete materials, t: j: ,. E employer shall be required to employ two (2) cement and concrete workers to ring signal bells, except that where the employer is not in control of the manning of the hoist personnel, this section shall not apply. Section 8. While concrete is being placed, all individual sections of concrete runs shall be handled by employees working in pairs. 22 section 9. Neither party during the life of this agreement is to adopt any by-law or attempt to enforce any working rule or regulation which is contrary to any of the clauses in the agreement. Neither shall either party attempt to enforce any working rules which have not been approved by the joint trade arbitration board. Section 10. Employers, employees or the agents of either shall not accept or give directly or indirectly any rebates on wages or give or accept gratuities or give anything of value or extend any favor to arty person for the purpose of effecting any change in wage rates or fringe benefit contributions. The employer or its representatives shall not be permitted to give any advance in wages to cement and concrete workers, nor shall they be permitted to lend money to cement and concrete workers. Section 11. If the union enters into any agreement with an independent employer or other association performing work set forth in article vi which provides more favorable terms or conditions of employment to such independent employer when performing work set forth in article vi, provided for in this agreement, any employer may secure these more favorable terms and conditions of employment for employees it employs performing work specifically of the kind performed by the independent employer or other association by notifying the union in writing that it will implement the more favorable terms and conditions; provided, however, the union may require, by written notice to the employer, that some or all of other terms and conditions of employment in its agreement with the independent employer or other association that are related to the more favorable terms and conditions shall also be implemented. Employers, for the life of this agreement and any successor agreement, shall be entitled to a fifty cents ($.50) per hour discount in the amount of required contributions pursuant to article x. – the discounted rate shall be based off of the full rate set forth in the independent contractor agreement for contributions to the funds. This discount is already reflected in the rates set forth in article x. Section 12. It is agreed that the rates of wage and the hours to be worked each day, to be established by agreement, for one (1) and two (2) family house construction, shall in no way affect the terms of this agreement. Should the parties hereto be unable to agree on the changes as called for above, the question shall be referred to an umpire, as provided for in article xv, who upon hearing the evidence submitted by both sides, shall render a decision and in the event the umpire finds in favor of the party of the first part, the wages and/or conditions affected shall be immediately changed to conform to the findings of the umpire; the changed wages and/or conditions shall then become a part of this contract, binding on all parties hereto. All other terms and conditions of the agreement to remain in full force and effect. Section 13. The parties agree to comply with all federal, state, and local laws prohibiting discrimination in employment. The parties commit to provide a workplace that is free of discrimination, including but not limited to race, creed, color, national origin, religion, concerted activity, sex, age, disability, citizenship status, marital status, sexual orientation, affectional preference or veteran status. 23 section 14. The consumption of intoxicating beverages or drugs on a job site is prohibited and violation of this rule is sufficient reason for dismissal. Section 15. The use of safety equipment furnished by the employer is mandatory. The delegate or business agent of the union shall call the atrention of the employer to any condition which he considers is endangering the safety of the employees represented by the union. If the employer does not remedy the condition, either through negligence, disagreement as to the presence of danger, or question of responsibility under his contract, it shall be the right and duty of the delegate or business agent to refer the matter to osha v: ith request for an immediate inspection. Section 16. The amount of work that an employee represented by the union may perform shall not be restricted by the union, nor by the representatives, officers or members of the union, nor shall the use of machinery, tools, appliances or methods be restricted or interfered vvith. This agreement is based on the principle that the employer is entitled to seven (7) or eight (8) hours work for seven (7) or eight (8) hours pay. Any unreasonable failure to work these hours gives the employer the right to pay only for the hours worked. Section 17. No cell phone usage permitted during working hours, except for shop stewards and foremen. Article xiv (strikes and lockouts) section 1. The union or its representatives shall not order a strike or stoppage of work except as specifically provided in this agreement, nor shall the employer lock out the employees. Section 2. The employees shall not strike against any employer or collectively leave the work of their employer prior to filing a written complaint or pending the adjustment of any existing disputes as provided for in article xv. The union shall not be responsible for any unauthorized strike or its results. Section 3. The foregoing does not deny the right of the union to render assistance to other labor organizations by removing members from jobs, when combined action by all trades is officially ordered, but no removal shall take place until formal written notice is first given to the secretary of the association in accordance with the requirement of the general arbitration plan. Article xv (disputes and trade board) section 1. All complaints, disputes and differences arising under this agreement except disputes arising from the employer’s wage and fringe benefit obligations, including audit obligations, between the association and the union or between any employer and any employee shall be referred to the joint trade board of the cement league. Should the joint trade board fail to reach a decision, the matter shall be referred to an umpire as set forth in section 3 of the article. The joint trade board and/or the umpire are hereby empowered to hear, adjust and decide the matter at issue and a decision by either of these tvvo agencies shall be final and binding on all parties. 24 section 2. There shall be a joint trade arbitration board which shall consist of three (3) members of the cement league association appointed by the association and three (3) members of the union appointed by the union whose tenn of service shall not be less than six (6) months. The board shall meet within forty-eight (48) hours after written notice has been given by either side to meet for a specific purpose. Section 3. In voting, the employers, as swh, 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 three (3) weeks to an impartial umpire who shall be selected by the joint trade board. The impartial umpire shall be selected from one of the following arbitrators: martin scheinman, richard adelman, and alvin blyer. In the event that none of these arbitrators are available within a reasonable time period, the matter shall be submitted to the american arbitration association for selection of ru: i arbitrator pursuant to the aaa’s rules for labor arbitration. Any and all expenses in connection with such submission, excluding attorney’s fees, shall be equally divided between and paid for by the parties to this agreement. No arbitrator shall be permitted to revise or change the terms of this collective bargaining agreement. Section 4. Any penalties which may result from. Such findings of decisions are to be determined and imposed by the association or union, as the case may be, to which the members affected may belong. Section 5. 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. Section 6. Any union member of the 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 union members to fill the temporary vacancy. Article xvi (association membership and general trade board) section 1. The association will provide the union vvith a list of its members, giving each member’s full name and address, who have designated the association as their bargaining agent, and who have agreed to be bound by the terms and conditions of this collective bargaining agreement. In addition, the association v. -ill immediately notify the union of any changes in membership, either by the addition of new members or the dropping or suspending of members during the term of this agreement. It is further agreed that all employer members of the 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 association for the full period of this agreement 25 section 2. Each employer member of the association and each employer becoming a member of the association subsequent to the effective date of the agreement agrees to comply , vith and to be bound by all of the provisions of the agreement, including, but not limited to, wages, contributions to c&cwdc fringe benefit funds, nyslecet, lnhsf, cliap and working dues check-off obligations, the organizer fund, and nyslpac for the entire term of the agreement regardless of whether such employer subsequent to the effective date of the agreement withdraws, resigns, is suspended or otherwise is tenninated from membership in the association during the terms of agreement. Article xvii (trade and jurisdictional disputes) subject to appeal by the union to the referee of the building trades department of the american federation of labor, disputes between trades and disputes relative to questions of jurisdiction of trade shall be adjusted in accordance with the method set forth in the “new york plan for the settlement of jurisdictional disputes. ” article xviii (validity) if any court of competent jurisdiction or administrative agency should deem any clause or part of this agreement void, unconstitutional or illegal, or should any clause or part of this agreement be found contrary to present or future laws, that specific section shall be void, but it shall not invali<lale the other portions of this agreement which shall remain in full force and effect to the extent of the law. Section 1. Article xix (miscellaneous) a) no employer shall enter into a contract with any other person, partnership, firm, corporation or joint venture to perform bargaining unit work on the same job site unless such other person, partnership, firm, corporation or joint venture has signed an agreement ‘mth the union or is a member of an association which has signed an agreement with the union. B) the employer must not subcontract bargaining unit work unless the subcontractor receiving the subcontract has an agreement with the union. In the event that the subcontractor is delinquent in the payment of contributions to the cement & concrete workers district council fringe benefit funds comprised of cement & concrete workers district council pension fund, cement & concrete workers district council welfare fund, cement and concrete workers district council scholarship fund, cement and concrete workers district council annuity fund, cement and concrete workers training and apprenticeship fund, cement and concrete workers district council laborers-employers cooperative and education trust fund, or the new york state laborers employers corporation and education trust, laborers national health and 26 safety fund, or payment of employees’ vacation benefit, then c&cwdc fringe benefit funds shall give written notice thereof to the employer, who shall then be required to withhold any sums due to the subcontractor. In addition, the employer agrees to pay such delinquency directly to c&cwdc fringe benefit funds to the extent that such withheld sums are satisfactory. The employer shall contact c&cwdc fringe benefit funds weekly to ascertain whether the subcontractor has contributed all required monies to the c&cwdc fringe benefit funds before the employer makes furtherance of payment to the subcontractor. If the employer fails to contact the c&cwdc fringe benefit funds weekly, the employer shall be liable for the subcontractors’ amounts owing. C) the employer shall notify the union within fifteen (15) days of an award and prior to the start of work on any job or project that a subcontract necessitating employment of cement and concrete workers (“employees” or “employee”) covered by the agreement has been let. Included in said notification shall be the name and address of the contractor, construction manager and owner as well as the location of the job or project and if any subcontractor for jurisdictional work will be used. Section 2. The union shall not permit employees to work for any employer or any person who as an individual, partner or employee of a partnership, or as an officer, stockholder, or employee of a corporation that owes wages to employees or contributions as in this agreement provided and who thereafter seeks to employ cement and concrete workers directly or as a partner or employee of another partnership or as an officer, stockholder or as an employee of another cor: : , oration or as a joint venture. Section 3. If an employer covered by this agreement or any such owner or principal formsor acquires by purchase, merger or otherwise, an interest, whether by ownership, stock, equitable or managerial, in another corporation, company, partnership or any other business entity, including joint venture or sole proprietorship, performing bargaining unit work -within this jurisdiction, this agreemen~ shall cover such other operation and such other bargaining unit employees shall be considered an accretion to bargaining unit. Section 4. In order to protect and preserve, for the employee 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 as follows: if and when the employer shall perform any work of the type covered by the agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity, including joint venture or sole proprietorship, and the two (2) enterprises have substantially identical management, business purpose, operation, equipment, customers, supervision and/or ownership, wherein the employer exercises either directly or indirectly any significant degree of ownership management or control, the terms and conditions of the agreement shall be applicable to all such work. Section 5. 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 as follows; if and when the employer shall perform any on-site construction work of the type 27 covered by the 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, and where there exists between the employer and such other business entity interrelation of operations, common management, centralized control oflabor relations and/or common ownership, the terms and conditions of the agreement shall be applicable to all such work. In determining the existence of the aforementioned criteria, the presence of the requisite control of commonality only at the top level of management shall be deemed to satisfy those criteria. Section 6. All methods of employee leasing are prohibited. To confirm this, when an employer signs vrith 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 fiinge benefit check to the union, the same and only name that appears on the employee’s weekly payroll check and must be 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. Section 7. The cement league and the union agree to explore solutions to reduce the employer’s cost of workers compensation and general liability insurance to allow to bid competitively against the unorganized, non-union entities. Section 8. Where the agreement uses words specific to a gender, they shall he construed to incjude all genders. Article xx (duration) section 1. This agreement is effective for the period starting july i, 2021 and shall terminate on june 30, 2026. Section 2. The agreement shall be deemed to be, and may be automatically extended and renewed from year to year by and behiveen the parties hereto for further one (1) year terms upon all of the above terms, conditions and covenants, unless either party gives written notice to the other not less than sixty (60) calendar days prior to the then expiration date of the agreement of its desire to amend, change or terminate the agreement on its expiration date. If negotiations are not completed prior to the expiration date, the agreement shall be extended by mutual agreement of the parties. Articlexxi (retroactivity) it is mutually agreed that all wages, contributions to c&c\vdc fringe benefit funds, c&cwdc welfare fund, pension fund, annuity fund, scholarship fund, training and apprenticeship fund, labor management cooperative trust fund, new york state laborers/employers cooperation and education trust , laborers national health and safety fund , new york state laborers political action committee , cement league 28 industry advancement program dues check-off, organizing fund and conditions provided for in this agreement shall be retroactive to july 1, 2021. Article xxii (complete agreement) section 1. This agreement supersedes all prior agreements and understandings between the parties and constitutes the entire agreement of the parties vil. Th respect to the subject matter hereof. Section 2. No provision of this agreement shall be modified, amended or tenninated except by a writing specifically referring to this agreement and signed by all of the parties hereto. Article xxiii (benefit) the agreement shall be binding upon and shall insure to the benefit of each party hereto, its successors and assignees, and any successor thereto resulting from a merger, consolidation or other reorganization or restructuring. Article xxiv (effectuating clause) in witness whereof, the parties hereto have caused this agreement to be signed the day and year above written by their duly authorized officers, and represented to each other that they are duly authorized to enter into this agreement. The association, signatory to this agreement, hereby acknowledges by its signature receipt of copies of the agreement and declaration of trust of c&c’wtic welfare fund, c&cwdc scholarship fund, c&cwdc pension fund, c&cwdc annuity fund, c&cwdc training and apprenticeship fund and the c&cwdc labor management cooperative trust fund. Distrjct council of cement and concrete workers by: –, ‘-~-9~=====– /2ame date date 29
