Contracting Stonesetters Association Local Union 197 CBA 7-1-2021 thru 6-30-2028

1 agreement, entered into as of the 30th day of june 2021, by and between united derrickmen & riggers association, local no. 197 of new york, all long island, westchester and vicinity (herein after referred to as the union) and contracting stonesetters association inc. (herein after referred to as the employer and/or contractors) article i terms of agreement section 1- the term of this agreement shall commence on july 1, 2021 and end on june 30, 2028. Section 2- either party shall notify the other party in writing, by registered mail, four (4) months before expiration of the agreement of any changes desired in this agreement. Section 3- if no new agreement has been concluded by june 30, 2028, then this agreement shall be extended for a period of thirty (30) days without stoppage of work by either party and any new agreement consumed during such period shall be retroactive to july 1, 2028. Section 4- the association, by the first day of july each year, shall certify to the union, a current list of all their members, which shall reflect all changes in membership. Article ii jurisdiction and work covered section 1- a. The union is hereby recognized as the sole bargaining representative of all derrickmen employed within the jurisdiction of the union. Derrickmen shall not work for any employer not a party to this agreement with the union. B. It is further agreed the only agreement to be signed outside of this cba will be onetime only agreements. The csa president will be copied on any such agreements. C. The employer and union agree to be bound to and abide by all decisions and awards and procedures of the new york plan for the settlement of jurisdictional disputes of the building trades council of greater new york and vicinity. D. Outside of the five boros of nyc a special rate of 75% wage and benefits will be utilized on all handset & site work. This rate will be achieved by employing one (1) journeyman at full rate and benefits and one (1) apprentice at 50% rate and benefits. 2 section 2- this agreement shall apply to the following work, which is hereby recognized as rightfully belonging to the derrickmens craft: a. ) the placing and operating of all derricks, power equipment and rigging in connection with all cut stone, pre-cast stone or concrete, terra cotta, gfrc, mosaic or rubble, or any substitute for the foregoing on all buildings, construction sites, structures, bridges and viaducts in the course of construction, alteration, addition or repair. B. ) the rigging and erecting of all swinging and temporary scaffolds, for setting, cleaning and pointing of all cut stone, pre-cast stone or concrete, terra cotta, gfrc, mosaic or rubble, or any substitute for the foregoing, and any rehanging of the same. C. ) the handling and rolling of all cut stone, pre-cast stone or concrete, terra cotta, gfrc, mosaic or rubble, or any substitute for the same, that is delivered on the job site. D. ) all burning, welding, fire watching, signaling, flagging, setting and bolting in connection with the erection of pre-cast concrete and similar material, including the affixing onto the unit to be erected any material used for the anchoring of stone and including field installation of embedded anchors. (the union and the association acknowledge and agree that the welding machine, the forklift and the electric chain fall shall be considered a tool of the trade. ) e. ) the removal of pre-cast or stone panels or any substitute on existing structures. Either by hand rigging or by utilizing power. F. ) the tending to stone setters and all other derrickmens duties as part of a setting gang. G. ) if a general contractor provides a multi-trade scaffold it will be utilized by derrickmen, provided it has been inspected by a competent person and determined to be safe for use. H. ) the washing, patching, cleaning, and caulking of pre-cast concrete, provided the employee has been trained to perform these tasks. Article iii wages & workday section 1- schedule of hourly raise increases the hourly rate of wages for derrickmen shall be as follows: hourly vacation gross rate pay hourly per hour per hour per hour from 7/1/21 $53.99 $14.00 $67.99 to 12/31/21 3 from 1/1/22 $1.64 increase to be decided * to 6/30/22 from 7/1/22 $1.11 increase to be decided* to 12/31/22 from 1/1/23 $1.11 increase to be decided* to 6/30/23 from 7/1/23 $1.13 increase to be decided* to 12/31/23 from 1/1/24 $1.14 increase to be decided* to 6/30/24 from 7/1/24 $1.73 increase to be decided* to 12/31/24 from 1/1/25 $1.74 increase to be decided* to 6/30/25 from 7/1/25 $1.79 increase to be decided* to 12/31/25 from 1/1/26 $1.79 increase to be decided* to 6/30/26 from 7/1/26 $1.84 increase to be decided* to 12/31/26 from 1/1/27 $1.84 increase to be decided* to 6/30/27 from 7/1/27 $1.89 increase to be decided* to 12/31/27 from 1/1/28 $1.90 increase to be decided* to 6/30/28 *the six-month increments provided herein shall end on the tuesday closest to the end of the month. It is understood and agreed that the total hourly increases due at each six month interval may be relocated to the existing funds or such other tax exempt funds by decision of the union and notice to the association at least 30 (thirty) days prior to the date of implementation, provided however that such allocation does not result in a violation of the irs 25% of compensation rule. 4 section 2- time of employment when derrickmen are requested, the time and wages of each derrickmen employed shall begin at the time of employment on the operation. Section 3- calling out of work any derrickmen not showing up in the morning shall notify his employer at least one hour before scheduled start time, but if he cannot be contacted, the local union office is to be contacted. Section 4- workday eight (8) hours shall constitute a days work for base course and site work. Seven (7) hours shall constitute a days work on vertical wall work. Section 5- show-up pay if derrickmen cannot go to work due to weather conditions, they shall be paid show-up time of one (1) hour provided they remain on the job. Saturday, sunday, holidays and off-hours work will require two (2) hours show-up pay at the appropriate overtime rate be paid. Section 6- non-weather work stoppage if derrickmen are compelled to stop work for any reason other than weather conditions during the regular work day, they shall be paid four (4) hours pay (minimum). Any derrickmen hired and sent to a job by an employer and not started shall receive four (4) hours pay, weather permitting. If asked to start for the afternoon, weather permitting, and not started, he shall receive three (3) hours pay. Section 7- moving between jobsites if an employee is asked to go to another job during the course of a workday and has approval from the union, the employer shall furnish transportation or reimburse derrickmens costs. Section 8- breaks on eight (8) hour jobs a coffee break of fifteen (15) minutes will be observed two hours after work begins in the morning, and a coffee break of ten (10) minutes will be observed (2) hours after lunch break. On seven (7) hour jobs only the morning coffee break will be utilized. **lunch break shall be (4) four hours after start of the work day on all schedules. Section 9-flex starting an employer may, at his option on any job, utilize a flexible starting time of 7:00 a. M. To 8:00 a. M. , with lunch four (4) hours later between 11:00 a. M. And 12:00p. M. , depending on start time. Employers may only exercise this option on a program basis after giving notice by noon the day before the start of the payroll week. The union will allow for weekend flexible starting time of 9:00 a. M. Where required by city regulations. Additional flex starting time option will be available to contractors from 6:00am -9:00am from may 1st to october 15th. 5 section 10- holidays a. Work performed on presidents day and good friday shall be paid at double time rate of pay and benefits. B. No work shall be performed on new years day, memorial day, july fourth, labor day, thanksgiving day and christmas day and sunday, except in cases of emergency, certified to by an officer of the association and a representative of the union, and such work shall be performed at double time rate of pay and benefits. C. All men working on christmas eve shall be paid a full day and stop work at the scheduled lunch break. Article iv wage payments section 1- payment a. Derrickmen shall be paid on the job between 7:00 a. M. And 3:30 p. M. (or during the applicable working hours) on pay days, except that if the weather should prevent work on a pay day, a central pay point may be named by the employer so as to assure payment of wages by the scheduled lunch break. B. Derrickmen shall be paid every week on wednesday or thursday depending on the work week schedule before quitting time. Monday to sunday work schedules must be paid on wednesday; wednesday to tuesday work schedules must be paid on thursday. (the work week must be determined at the start of work on a project and must be followed the entire project) c. The amount so paid shall be enclosed in envelopes, one to each employee, with the time and amount in cash marked thereon and with the proper deductions for social security, withholding taxes and vacation fund. The employers name and address shall be printed on the outside of the envelope and on the pay stub. Derrickmen not receiving his/her pay at quitting time on pay day will receive an additional two (2) days pay. Only extenuating circumstances agreed to by the business manager of the union will waive this penalty. D. The dishonoring of any check for any reason shall entitle the employee so inconvenienced to sixteen (16) hours additional pay and said employer must then pay by cash only, for a period of at least one (1) year and at that time his case shall be reviewed by the industry board to determine whether or not and under what conditions said contractor may resume payment by check. E. Any lay-off within the payroll period shall be paid in cash, except the men laid off by association employers may be paid by check and they must be paid at least one hour before scheduled quitting time, otherwise cash. In the event of a layoff, association employers shall be permitted to mail the stamp entitlement to the union office on the next regular pay day. F. If a holiday falls on pay day the following day will be pay day. 6 g. A derrickman that does not receive his pay by scheduled quitting time of the date due shall be entitled to an additional eight (8) hours pay at double time rates. He shall return the next morning and report to the job for two (2) days and be entitled to pay for two days if he stays on the job without receiving his pay for the two (2) days herein before mentioned, plus the eight (8) hour double time penalty h. Derrickmen who leaves an employer shall be mailed his pay, on pay day by certified or registered mail or any receipted overnight messenger to the union hall. Section 2- replacement men replacement men, employed be association members, may be paid by check, mailed to the union office and postmarked within seventy-two (72) hours of the last day worked or the next regular pay day, whichever comes first. Non-compliance with this shall require employer to pay derrickmen three (3) days additional wages. Section 3- check cashing on jobs employing ten (10) or more derrickmen, association employers will make good faith efforts to arrange check cashing privileges for derrickmen with a bank in the vicinity of the job. Section 4- foreman all employers shall be required to employ a local 197 derrickmen as a foreman on all projects with four (4) or more men employed and he/she shall be paid straight time pay each week and a minimum of $35.00 per/day in additional compensation. Section 5- shop stewards a. A shop steward appointed from the men on the job by the business manager of the union shall be on the job at all times whose right and duty shall be to assure observance of the provisions of this agreement. B. The shop steward shall remain on the job until it is completed and together with the foremen, shall be one of the last two (2) men on the job. C. If the shop steward fails to perform his duties, the business manager has the authority to replace him/her. D. If the shop steward fails to perform his job properly, or abuses the power of his office as a shop steward, or hinders the progress of work on the job, the business manager will promptly replace this shop steward with another shop steward of his choosing. The new shop steward cannot be laid off without the consent of the business manager. E. The shop steward shall receive one (1) hour minimum or the maximum of two (2) hours per week for travel to and from the union hall with respect to problems in connection with the performance of the terms of this agreement. 7 section 6- overtime a. All overtime wage and benefit payments to funds administered under this contract shall be paid to journeymen and apprentices as hours paid at the appropriate overtime rates, as enumerated in subsequent sections. B. Where personnel hoist is used by derrickmen, one-half (1/2) hour prior to scheduled start time, the full half-hour being payable at the appropriate overtime rate. C. Employer shall have the option to call for half-hour (1/2) increments for overtime (at the appropriate overtime rate) in the afternoon following scheduled quitting time, derrickmen must be notified by the end of the lunch period, but not on a continuing basis. D. If a derrickman shall be required to work overtime on a day on which he is laid off, payment for the overtime work may be remitted by association employers within forty eight (48) hours, by registered or certified mail, or by receipted messenger to the union hall office. E. Notwithstanding anything else in this agreement, there shall be no work after 6:30 p. M. , without notifying the union. F. Notwithstanding anything else in this agreement, on an eight (8) hour job the 9th hour will be time + half and the tenth (10) hour and succeeding hours on weekdays shall be paid at double time. In such case, on saturdays the first eight (8) hours shall be paid at time + half and all succeeding hours shall be paid at double time. . Notwithstanding anything else in this agreement, on a seven (7) hour job the eighth (8) and ninth (9) hours will be paid at time + half rate, all succeeding hours to be paid at double time rate during weekdays. In such case on saturdays the first seven (7) hours shall be paid at time + half and all succeeding hours to be paid at double time. G. On off- hour work, the employer shall be permitted the takeover of on-site equipment for use on an off-hour basis, provided the union is given reasonable advance notice of such work. The number of hours and conditions for such off-hours work shall be either the first seven (7) or eight (8) hours will be paid at time + one half dependent on the work process, and any additional hours shall be paid at double time, (provided the work is scheduled for the entire pay week). Unless provided for in a project labor agreement. Unscheduled, weekend, or holiday off- hours work is to be paid at double time rates. Article v apprentices an adequate apprenticeship system for the industry to be jointly administered by the union and the association shall be maintained. Wages of apprentices shall be at the following percentages of the journeymens rate: 50% for the first six months; 50% for the second six months; 70% for the third six months; 80% for the fourth six months; 90% for the fifth and sixth months; and 8 first year apprentices shall receive all fringe benefits provided for in this contract, including vacation pay, at a contribution rate equal to 50% of the journeymans contribution rate. For the remainder of the apprenticeship, fringe benefits shall be paid at a rate of 75% of the journeymans contribution rate. The union will make a good faith effort to supply apprentices when requested by the employer. When working with a journeyman derrickman, an apprentice will fulfill the requirements of a derrickman under the terms of this contract, performing those tasks that are within the scope of his training and experience. An apprentice ratio of one (1) apprentice to four (4) journeymen will be applied to all projects. Article vi assesment authorization the employer agrees to deduct from the wages of each employee covered by this agreement, who individually and in writing duly authorizes the employer to make such deduction for union assessments, an amount of 6% per hour plus twenty cents ($0.20) per hour for the legal defense fund. The union agrees to obtain a written authorization of assessment check-off of every person referred by the union to the employer. The original signed authorization cards shall be kept on file at the offices of the union. Remittance by the employer of the sums deducted from wages shall be made by prepurchase of vouchers utilized for the making of contributions to the various fringe benefits funds provided for in this agreement. Remittance to the fund office to the union shall be made after receipt of employer reports verifying employee assessment check-off. Each employer shall remain responsible for the remittance of assessment withheld from its employees in excess of stamp purchases for such purpose. Each employer shall file the report form furnished for reporting assessment check-off. Neither the funds nor the trustees thereof shall have any responsibility for the collection of assessments withheld by employers hereunder. The transmittal of assessment check-off to the fund office is only a convenience and neither the funds nor the trustees thereof shall have any interest or any responsibility with respect thereto. The form of authorization to be signed by each employee with respect to whom a deduction is to be made shall be approved by counsel for the parties hereto. It is expressly agreed that the authorization furnished under this article shall be of no force and effect and no deductions shall be made by any employer when there is no collective bargaining agreement in effect to which the employer and the union are parties. It is expressly agreed that the union assumes full responsibility for the validity and legality of the deductions from the employees wages made by each employer and remitted to the union pursuant to this article and the union hereby agrees to indemnify and hold the employer harmless from all claims, losses, expenses, liabilities and damages to which the employer at any time may be subject by reason thereof. If any such claim is asserted or threatened against the employer, the union and the employer agree that the union, at its sole cost and expense, shall undertake the defense of such claim on behalf of the employer and the employer shall cooperate with the union in the defense thereof. 9 article vii derrickmens funds section 1- there have been or shall be established, each by an agreement and declaration of trust, six (6) funds that are based upon employer contributions for the sole benefit of derrickmen covered by this agreement: (1) a welfare fund, (2) a pension fund, (3) an annuity fund, (4) a vacation fund, (5) an apprentice education fund, and (6) a supplemental fund. Each such fund shall be jointly administered by an equal number of trustees designated by the union and the association. All employers and derrickmen shall be bound by the rules and regulations adopted by the trustees of the respective funds. Full time paid union officials shall be covered for all benefits by the funds provided contributions are made to the funds at the same rate made by other contributing employers. Section 1a- to provide for delinquencies as follows: liquidated damages 20% of indebtedness attorneys fees 25% of indebtedness actual cost of auditors fees arbitrators fee section 2- effective january 1, 1982, there was established an industry advancement fund. The employers have established by an agreement and/or declaration of trust, a trust fund formerly known as the contracting stonesetters industry promotion fund and now known as the building stone & precast industry promotion fund (hereinafter referred to as the promotion fund) for the mutual benefit of building stone industry contractors who do business in the area. Said promotion fund is administered by employer representatives or trustees appointed by the association. The business manager of the union shall serve as an observer at all fund meetings and proceedings. Each employer shall make the designated contribution to the promotion fund through the pre-purchase of vouchers as set forth in this article. Section 3- ironworkers management progressive action cooperative trust (impact): the employer shall contribute three quarters of one percent (5/8 of 1 %) of the applicable hourly wage rate for each hour worked to the ironworkers management progressive action cooperative trust (impact), a jointly trusted cooperative trusted with federal tax exempt status under section 501(a) of the internal revenue code as an exempt organization under section 501(c) (5) of the internal revenue code. Tax exempt determination was rendered under the initial name of the trust which was the employers responsive educational cooperative trust of north america. The general purpose of the trust includes the improvement and development of the union ironworking industry through education, training, communication, cooperation and governmental lobbying and legislative initiatives. Section 4- employer contributions to each of the aforesaid funds shall be as follows: 10 effective 7/1 1/1 7/1 1/1 7/1 1/1 7/1 1/1 7/1 1/1 7/1 1/1 7/1 1/1 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 (a) union assessment $ 4.08 (deducted from wages) 6% wages (b) l. D. F. $ 1.20 (deducted from wages) (c) iu organizing $ .20 (deducted from wages) (3/8 of 1%) (d) welfare $ 9.00 (e) pension $15.00 (f) annuity $15.50 (g) apprentice $ 1.60 (h) promotion $ .15 (i) vacation $14.00 (j) impact $ .34 (5/8 of 1%) (k) supplemental $ .00 *total hourly stamp value ————— $55.60 ( 07/01/21 ) *it is understood and agreed that the total hourly increases due at each six-month interval may be reallocated to the existing funds or such other tax exempt funds by decision of the union and upon notice to the association of at least thirty (30) days prior to the date of implementation, provided however, that such allocation does not result in a violation of the irs 25% of compensation rule. Section 4- employer contributions for all funds shall be through the purchase of prepaid vouchers. The sale and administration of vouchers shall be under the control of the trustees of the respective funds. Vouchers shall be enclosed each week in the pay envelope of the respective employee. Section 5- each employer shall report wages, hours, and contributions on such forms as the trustees may require and shall submit the employers books and payroll records for audit or inspection at reasonable hours by a representative of the trustees whenever requested by the trustees. Section 6- employers shall make complete weekly reports of fringe benefits on forms as required by the trustees. Copies of said reports shall be furnished to the union as of the same date. Reports shall be filed both by employers employing derrickmen as well as those signatories that have no derrickmen working. The fund office shall not sell vouchers to any employer failing to make the weekly reports. 11 section 7- when an employee works for an employer for more than one payroll period without receiving the proper weekly amount of fringe benefit stamps and does not report discrepancy to the union, he shall cease to be eligible for benefits until such time as a complete audit of employers payroll is made to determine said employers fringe benefit liability and payment in full in vouchers from said employer is received by all employees. Section 8- members of the association may pay for vouchers by check all others must pay by certified check, cashiers check or money order. Article viii bond requirements a. All employers who are bound to a cba shall be required to post a payment bond, or cash equivalent, with the funds in the amount of $25,000 to insure payment of contributions to the funds with the following exceptions: b. Employers that do not have an office in the state of new york or that are owned by or affiliated with an out-of-state corporation or company shall be required to post a payment bond, or cash equivalent, with the funds in the amount of $100,000. C. Employers who have been signatory to a cba for at least five (5) years and have no record of being repeatedly delinquent, in the sole discretion of the trustees, in the payment of contributions to the funds will have the requirement to post a payment bond, or cash equivalent, suspended. D. Employers that have been active and good standing members in the contracting stonesetters association, inc. Or the building stone and pre-cast contractors association for at least two years shall not be required to post a payment bond, or cash equivalent, unless they become repeatedly delinquent, in the sole discretion of the trustees, in the payment of contributions to the funds. E. If the requirement to post a payment bond, or cash equivalent, is suspended or not required pursuant to paragraphs c & d above, the requirement will become effective if and when the employer becomes repeatedly delinquent, in the sole discretion of the trustees, in the payment of contributions to the funds. F. Cash equivalent means a check that will be held in an interest bearing escrow account maintained by the funds or a certificate of deposit designating the funds as the beneficiary. The employer shall be entitled to receipt of the interest on the money it contributes to the escrow account and/or the interest earned on the certificate of deposit. 12 g. An employer that fails to comply with these rules and regulations shall be subject to the trade board provisions of the collective bargaining agreement. H. An employer that withdraws from the industry, ceases to have an obligation to contribute to the funds, becomes insolvent, or ceases to do business shall maintain a bond, or cash equivalent, until a final audit is performed on the employer by the funds auditor and all monies due and owing to the funds, or any agreed settlement amount, plus any contractual and/or statutory fees and costs, are paid in full. I. The trustees reserve the right to amend these rules and regulations from time to time. Article ix industry board there shall be an industry board composed of equal members from the union and the association, which board shall have the power to determine questions arising under this agreement, including any grievance filed by either party, as well as other industry problems. This industry board shall have full power to impose whatever penalty it deems fair and reasonable for enforcement of such decisions in whatever manner it deems advisable, including without limitation, provisions for the entry of judgment in any court of competent jurisdiction and for the withdrawal of workers from employer until such determination of the industry board has been complied with by the employer. Such board shall convene within ten (10) working days of receipt of written demand of either party to this agreement. In the event the board fails to convene within the time period above set forth or is unable to decide the dispute within such period, the dispute shall be promptly submitted for final arbitration to a mutually agreed upon arbitrator, or aaa. There shall be no work stoppage by either party. Said arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this agreement. The cost of the arbitration shall be borne by the losing party. Article x manning and work conditions section 1- labor management committee there will be a joint committee, which will meet when requested by either party of the contract, to review changes in the manning of various tasks as may be required when changes occur and adjustments are needed. This committee will consist of six (6) members, three (3) chosen by the union and three (3) chosen by the association with the union and the association each having one vote. A majority vote of this committee will change the manning requirements. 13 section 2- on all buildings, construction sites, structures, bridges and viaducts where cut-stone, pre-cast stone or concrete, terra cotta, gfrc, mosaic or rubble or any substitute is set or unloaded by crane, tackle, chain fall, derrick, forklift, lull, boom truck, hand or power jack or any other unloading or rigging device derrickmen must be employed. All violations shall be subject to industry board. Section 3- every job shall be provided with a box or tool house properly locked, to safeguard the personal property of derrickmen. When ten (10) men or more are employed on one (1) job, a shanty shall be provided. Section 4- in the setting of stone on a blind wall from a suspended scaffold legally permitted only two persons, the setting gang shall consist of a minimum of one (1) derrickmen on the scaffold. If a third man is permitted and needed, it shall be a derrickmen. For the purpose of this section, a blind wall shall mean an existing building wall or facade preventing direct access for the transfer of material from the floor to the scaffold. Section 5- hoisting of stone by any method, except to actually set the stone, shall require four (4) derrickmen, two (2) on the ground and two (2) on top. This shall not prevent a setting gang from hoisting and setting their own stone except when using a hod hoist. Section 6- a rigging gang shall consist of four (4) men and a foreman erecting power derricks and three (3) men erecting hand booms. Section 7- one pail of cement shall be mixed to start the stone setting mechanic at the scheduled start time. Where there is a batch to be made, the employer will employ a derrickman as a mortar man. Section 8- except as set forth below, a setting gang shall consist of two (2) derrickmen. Section 9- a. On setting of stone with respect to base course stone and paving or flagging, manpower shall consist of one (1) derrickman per setting gang. If another man is needed in the setting gang to handle stone or perform rigging it shall be a derrickman. B. On setting of natural stone or cast stone including slip sills, copings and band course above floor level a setting gang will be required. C. On setting of stone covered by sections 9(a), inclusive of all site work and paving stone, employer shall utilize the site work rate of pay. D. On setting of stone on storefronts, townhouses, housing apartment buildings and other small handset jobs, manpower shall be as provided in section 8. If another man is needed to handle or rig stone, it shall be a derrickmen. E. On setting or unloading of stone employers shall have the right to employ, and the union shall furnish, apprentices on a one (1) to four (4)ratio with journeymen. 14 section 10-there shall be a signal man and tagline man on all power derricks or cranes or two (2) men hooking on. When unloading by power to the ground, a minimum of three (3) men shall be employed. All the above shall perform derrickmens duties. Section 11- where a cherry picker is used to assist the tripping of a panel with another piece of equipment, there shall be three (3) derrickmen in total in the hooking-on operation section 12- when assembling or disassembling a crane with the assistance of cherry picker, the total manpower requirements for such entire operation shall be one (1) foreman derrickman and four (4) derrickmen. Section 13- manpower shall be as follows: (a) unloading and setting with crane, one (1) foreman derrickmen and three (3) derrickmen (b) unloading and setting with power derrick, one (1) foreman derrickmen and four (4) derrickmen. (c) unloading and setting with crane or power derrick above a level of 50 feet shall require one additional derrickman in the setting gang. This clause shall not apply if the employer has a contract with another trade to perform such setting work. (d) unloading and setting with cherry picker (105) foot boom or under, three (3) derrickmen, one (1) of whom shall be a foreman, and is confined to fifty (50) feet in height above grade. (e) unloading and setting with cherry picker over (105) foot boom, one (1) foreman derrickman and three (3) derrickmen. (f) unloading and setting with hand boom, two (2) derrickmen. (g) unloading, distributing or setting of natural or cast stone using a forklift, hi-lo or lull, two (2) derrickmen. If another man is needed to handle stone, it shall be a derrickman. (h) loading stone directly into hod hoist using forklift, total of four (4) derrickmen; two (2) on ground, two (2) on top. (i) unloading and setting with boom truck by hand or power fifty (50) feet or under three (3) derrickmen; if over fifty (50) feet, one (1) foreman derrickman and three (3) derrickmen. Unloading and setting with a boom truck at ground level only, two (2) derrickmen. (j) assembling and disassembling of crane, a minimum of one (1) foreman derrickman and three (3) derrickmen. (k) setting with hand pony, three (3) derrickmen except when setting on the same level, two (2) derrickmen. (l) section 14- on site equipment association employers shall have the right, without penalty, to use existing on-site equipment, erected by others. The foregoing shall apply only to the employers first 15 piece of erection equipment (ie. Tower crane, derrick, chicago boom, etc. ) on a particular building or structure. Additional pieces of erection equipment will be considered by the union on a job-by-job basis, but they shall have the right to use existing equipment to hoist and erect other equipment if first piece erected cannot reach second. The disassembly and removal of such onsite equipment is the jurisdiction of local 197. All flag men shall be derrickmen. Section 15- safety in accordance with the requirements of the occupational safety and health act of 1970, it shall be the sole responsibility of the employer to insure the safety and health of its employees. Nothing in the collective bargaining agreement will make the union liable to any employees or to other persons in the event of injury or accident. The safety and health standards and rules contained herein are minimum standards and are not intended to imply that the union objects to the establishment and imposition by the employer of additional or more stringent rules to protect the safety and health of the employees. It shall be the sole responsibility of the employers to insure compliance with safety and health standards and rules. Article xi non-discrimination clause section 1- it is agreed that there shall be no discrimination against any employee or prospective employee on account of race, creed, color, sex or sexual preference or national origin in violation of the law. Section 2- on all operations where there are four (4) or more men employed, one (1) must by forty (40) or more years of age. Article xii separability provision it is further agreed by and between the parties hereto that if any federal or state court or agency shall at any time decide that any clause or clauses of this agreement is, or are void, or illegal, such decision shall not invalidate the other portions of this agreement, but such clause or clauses shall be stricken out and the remaining portions of this agreement shall be considered binding. It is further agreed that the parties shall renegotiate any of the provisions of this agreement which may be declared void or illegal article xii workers compensation 16 all employers signatory to this agreement shall have workers compensation insurance in effect, regardless of the number of derrickmen employed. Article xiv favored nations clause the union agrees that in the event it enters into any contract with any employer within the territorial jurisdiction of local union #197 which shall provide more favorable terms to such employers, including rates of pay or conditions of employment than are provided in this agreement, it will and hereby does authorize the association to adopt such favorable terms at its option. Upon the exercise of such options by the association, which requires at least ten (10) days written notice thereof to the union, such more favorable terms and conditions will immediately and automatically become a part of this agreement. It is expressly agreed that project labor agreements are exempt from this clause. Article xv restriction of subletting the employer agrees not to sell or assign, subcontract or sublet any work covered by this agreement to any person, firm or corporation which is not in contractual relationship with the union. Article xvi training requirements all stone derrickmen will be trained under oshas global hazard communications standard and will also be given a c. P. R. Course. The union shall produce, within fortyeight (48) hours of the employers request, identification cards certifying to the completion of said training. Derrickmen shall not be entitled to compensation for attending such training courses. Local 197 members will obtain all certificates needed and required by the building department of the city of new york. Article xvii sick leave waiver the union expressly waives the right to paid sick leave for the employees covered by this agreement as set forth in any legislation enacted by the city of new york. The parties also specifically acknowledge and waive the sick leave provisions of the new york labor law 196-b, and agree that this agreement provides a comparable benefit through the vacation pay contained in the wage and benefit package. 17 in witness whereof the parties have duly executed this agreement as of this day and upon first written above: united derrickmen & riggers association, local no. 197 union. By____________________________________________ william d. Hayes, fs-t/business manager by_____________________________________________ carole raftrey, president by______________________________________________ thomas wilson, recording secretary contracting stone setters association by_______________________________________________ mohamed elkordy, president by________________________________________________ marco berardi, secretary executive board; roderick ahlers iii james christopher burns daniel byrnes jr. Joseph farrell scott zaleski independent contractors agreement 18 the undersigned employer has read and hereby agrees to be bound by all provisions of the trade agreement between united derrickmen & riggers association, local no. 197 of new york, all long island, westchester and vicinity and building stone & precast contractors association except that the undersigned employer shall pay wages by cash unless or until qualified by the union to pay by check. The undersigned employer further agrees to be bound by any amendment or modification to the trade agreement between local 197 and the association which occurs during the term of this agreement and that any such amendments or modifications shall be deemed incorporated herein. If the undersigned employer fails to notify the union in writing by certified mail 90 days prior to the expiration of the contract, the contract will renew for one (1) year from the expiration date and from year to year thereafter until the required 90 day notice prior to the expiration date is given. Firm or corporate name: __________________________________________ address: _________________________________________________ telephone: _______________________________________________ signature: ________________________________________________ date: ____________________________________________________ title of person signing _____________________________________________ (must be principal of firm or corporation) signature of union representative: _________________________________________ date of union signature: _______________________________________ 19