Agreement
Between
District Council No. 9, International Union of Painters
And Allied Trades, AFL-CIO,
(Metal Polishers Production and Novelty Workers)
And
_____________________________________________________________________________________
JUNE 1, 2019 – MAY 31, 2024
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TABLE OF CONTENTS
ARTICLE 1 RECOGNITION OF UNION & WORK JURISDICTION ……………………………………………………………. 1
ARTICLE 2 UNION SHOP ……………………………………………………………………………………………………………….. 2
ARTICLE 3 HIRING, RECALL & LAYOFF …………………………………………………………………………………………….. 2
ARTICLE 4 CHECK OFF ………………………………………………………………………………………………………………….. 4
ARTICLE 5 MANAGEMENT RIGHTS…………………………………………………………………………………………………. 4
ARTICLE 6 FINISHING TRADE INSTITUTE OF NEW YORK; APPRENTICESHIP TRAINING AND EDUCATION …. 5
ARTICLE 7 SAFETY………………………………………………………………………………………………………………………… 5
ARTICLE 8 NON DISCRIMINATION…………………………………………………………………………………………………. 7
ARTICLE 9 NO STRIKE/NO LOCKOUT ………………………………………………………………………………………………. 7
ARTICLE 10 SENIORITY …………………………………………………………………………………………………………………. 7
ARTICLE 11 SHOP STEWARDS ……………………………………………………………………………………………………….. 8
ARTICLE 12 SHOP CLOSINGS …………………………………………………………………………………………………………. 9
ARTICLE 13 VACATIONS ……………………………………………………………………………………………………………….. 9
ARTICLE 14 MORE FAVORABLE TERMS & CONDITIONS……………………………………………………………………11
ARTICLE 15 WORK WEEK HOURS & OVERTIME ………………………………………………………………………………12
ARTICLE 16 HOLIDAYS, PERSONAL AND SICK LEAVE………………………………………………………………………..13
ARTICLE 17 WELFARE FUND…………………………………………………………………………………………………………15
Article 18 RETIREMENT FUND………………………………………………………………………………………………………17
ARTICLE 19 FUNDS COMPLIANCE …………………………………………………………………………………………………18
ARTICLE 20 UNIFORMS ……………………………………………………………………………………………………………….19
ARTICLE 21 NO COMPETING EMPLOYMENT…………………………………………………………………………………..19
ARTICLE 22 SUPERVISORS & BARGAINING UNIT WORK …………………………………………………………………..19
ARTICLE 23 CALL-IN & REPORTING PAY …………………………………………………………………………………………19
ARTICLE 24 OUT OF TOWN WORK ………………………………………………………………………………………………..20
ARTICLE 25 DRIVING …………………………………………………………………………………………………………………..20
ARTICLE 26 WAGES …………………………………………………………………………………………………………………….20
ARTICLE 27 NO REDUCTION IN PAY ………………………………………………………………………………………………23
ARTICLE 28 BEREAVEMENT PAY……………………………………………………………………………………………………23
ARTICLE 29 SEVERANCE PAY ………………………………………………………………………………………………………..23
ARTICLE 30 UNION RIGHTS ………………………………………………………………………………………………………….24
ARTICLE 31 DISPUTE RESOLUTION………………………………………………………………………………………………..24
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ARTICLE 32 GENERAL SAVINGS CLAUSE…………………………………………………………………………………………25
ARTICLE 33 DRUG & ALCOHOL TESTING ………………………………………………………………………………………..26
ARTICLE 34 SHOP & JOB SITE RATIO ……………………………………………………………………………………………..27
ARTICLE 35 EVASION OF AGREEMENT…………………………………………………………………………………………..28
ARTICLE 36 CONTRIBUTIONS THROUGH VOLUNTARY DEDUCTIONS TO THE IUPAT-PAT-PC FUND……….28
ARTICLE 37 UNION SURETY FEE ……………………………………………………………………………………………………29
ARTICLE 38 SUCCESSORS……………………………………………………………………………………………………………..29
ARTICLE 39 MISCELLANEOUS PAYMENTS AND DEDUCTIONS …………………………………………………………..30
ARTICLE 40 MULTI-TRADE FIRMS………………………………………………………………………………………………….30
ARTICLE 41 DURATION OF AGREEMENT………………………………………………………………………………………..31
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AGREEMENT ENTERED INTO AS OF June 1, 2019 BY AND BETWEEN _____________________________,
collectively the “Employers” and District Council No. 9, International Union of Painters and Allied Trades,
AFL-CIO (Metal Polishers, Production and Novelty Workers Local Union 8A-28A), hereinafter called the
“Union.”
Whereas, the parties hereto desire to provide fair employment conditions and to provide methods for a
fair and peaceful adjustment of all disputes that may arise between the Employers and the Union, and in
consideration of the foregoing and mutual covenants hereinafter set forth, and for other good and
valuable considerations, the receipt of which is mutually acknowledged, the parties hereto agree as
follows:
ARTICLE 1
RECOGNITION OF UNION & WORK JURISDICTION
A. The Employers recognize the Union as the sole and exclusive bargaining agent for all of their
employees engaged in metal cleaning, polishing, restoration, coloring, lacquering, spraying, cleaning
and maintenance of ornamental and architectural iron, bronze, brass, nickel, aluminum and stainless
steel, etc., and in metal specialty work, stone restoration and polishing by assignment, excluding
clerical and office employees, guards and supervisors.
The Employers recognize, acknowledge, and agree that the Union is the exclusive representative for
the purpose of collective bargaining within the meaning of Section 9(a) of the National Labor
Relations Act and that the Union has demanded recognition as such and has demonstrated through
the use of authorization cards executed by a majority of the Employers’ bargaining unit employees
that it possesses the support of a majority of each Employer’s bargaining unit employees in the
classifications of work described in this collective bargaining agreement.
B. The work performed by employees otherwise covered by this Agreement involving metal
cleaning/polishing, finishing and restoration on construction projects and other sites is within the
scope of this Agreement.
C. The Union has the work jurisdiction of but not limited to: lead abatement, coloring by any spray
method including, utilizing lacquer including water based lacquer, tints, enamel or water based paint
or any other architectural coating whether clear or colored that is applied by spray method. All
preparations for finishes including but not limited to cleaning, stripping, sanding, body fill, priming,
refinishing, of all ornamental and architectural metals and metals with cladding and metal
substrates to include but not limited to iron, steel, bronze, brass, copper, nickel, aluminum and
stainless steel. This does not include drywall, plaster and stucco and the like. This metal may be
architectural, ornamental, cosmetic and or support components no matter how incidental to the
project. This work jurisdiction applies both to the maintenance of buildings, one time refinishing,
restoration and work that is performed on a construction site as defined herein.
D. The territorial jurisdiction of this Agreement shall be in the following counties and boroughs of the
State of New York: Brooklyn, Queens, Bronx, Manhattan, Staten Island, Nassau, Suffolk,
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Westchester, Putnam, Albany, Montgomery, Rensselaer, Schoharie, Schenectady, Saratoga,
Washington, Fulton, Warren, Hamilton, Essex, Clinton, Franklin, Dutchess, Columbia, Sullivan, Ulster,
Greene, Orange, Rockland, and Richland; and including the area within a 75 mile radius of New York
City’s Columbus Circle.
ARTICLE 2
UNION SHOP
A. All employees covered by this Agreement, who are members of the Union, shall maintain
membership in good standing as a condition of continued employment.
B. All employees covered by this Agreement, who are not members of the Union, shall become
members of the Union in good standing on or before the thirtieth (30th) day from: (a) the date they
first commenced work, (b) the date of execution of this Agreement or (c) the effective date of this
Agreement, whichever is later.
C. The Employers shall, within ten (10) days after receipt of written notice from the Union, discharge
any employee who fails to maintain his/her membership in the Union in good standing as required
by this Article. For the purposes of this Article, “failure to maintain membership in good standing”
shall be defined as a failure to tender dues required as a condition of membership.
D. The Union agrees to hold the Employers harmless for any liability arising from the operation of this
Article.
ARTICLE 3
HIRING, RECALL & LAYOFF
A. When a new hire opportunity arises the Employer must contact the Union, and within 48 hours of
notification, the Union will submit list of names to the Employer of eligible and Qualified (must be
certified via the Finishing Trade Institute’s Apprenticeship Program and possess the skill
requirements of the position) Journeyperson/Sprayer, Mechanic, and Assistant Mechanic and
Apprentices who are available. The Employer will hire from this list but this new employee will be on
a 90 day trial period as an employee of the Employer. Employees may be laid off or discharged at
the Employer’s sole discretion during the trial period. Such lay-off, discharge or discipline, shall not
be subject to the grievance and arbitration provisions of this Agreement. If the Employer releases a
new hire during this trial period, the Employer will continue to hire from the Union list. If there are
no workers available from the Union, the Employer is allowed to hire at will.
B. All new employees shall be engaged for a trial period for the first ninety (90) days of their
employment with the Employer. The Union is to be notified as an individual begins a trial period. No
trial period will be applied if an individual is rehired within a 12 month period by that Employer.
C. Employees may be laid off or discharged at the Employer’s sole discretion during the trial period.
The Union is to be notified when a trial period results in lay-off or discharge. Such lay-off, discharge
or discipline, shall not be subject to the grievance and arbitration provisions of this Agreement.
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D. Training shall be offered by the Finishing Trades Institute of New York for advanced or upgraded
journeyperson training for all journeypersons working under this Agreement. All classification herein
shall be required to take such courses in accordance with the following rules for all journeypersons
classification: In order to be qualified and be referred to work and to remain gainfully employed all
journeypersons must possess the minimum skill requirements of the position and meet and have
the following certifications: Note; and as the law may dictate.
a. OSHA Every 4 years (10 hours)
b. Local Law 52 Supported Scaffold Every 4 years (4 hours)
c. Suspended Scaffold Every 4 years (Initial 16 hours)
“Refresher” (as needed) (8 hours)
d. Respirator Fit Certification Every year (3 hours)
e. Respirator Fit Medical Evaluation Once, unless major changes
Charge person/ Journeyperson/Sprayer:
Designated Journeyperson/Sprayer: Suspended Scaffold Initial training is 32 hours, good 4 yrs.
“Refresher” Every 4 years (8 hours)
Designated Erector/Dismantler: Local Law 52 Supported Initial training is 32 hours, good 4yrs
“Refresher” Every 4 years (8 hours)
All classifications of Journeyperson(s) and apprentices holding certification(s) for the above as well
as the minimum skill requirements of the position(s) will be considered qualified; otherwise
employment will not resume and the employee may be reevaluated or laid-off after one (1) month
without the proper updated or required certifications in hand.
E. It is agreed the hiring of apprentices shall be governed by rules and regulations stated herein; and as
amended from time to time, of the District Council 9 Joint Apprentice Committee of the Finishing
Trades Institute of New York. The Employer shall not seek to hire apprentices from any other source,
or contrary to these rules and regulations. Any person employed under this agreement not classified
as an apprentice under this provision will be paid at a minimum of an Assistant Mechanic.
F. LAYOFFS and RECALLS: Seniority shall prevail in the case of lay-offs for economic reasons and recalls.
For layoffs, Employers will ask all classifications who would like to volunteer for a layoff without the
loss of seniority for up to eight (8) weeks maximum. If the Employer does not get enough
volunteers, the employer may layoff from the bottom of the employer seniority basis within their
classification and if applicable, separately for each division, any combination of
Journeyperson/Sprayer, Mechanic, Assistant Mechanic and Apprentice.
Employers must comply with Shop Ratios during any layoff.
G. If an Employer has a need to promote, existing workers employed by Employer will be considered
first for that position regardless of seniority, before going to the Union. It is at the sole discretion of
the Employer whether to promote. The Employer’s decision on the promotion cannot be arbitrated
or grieved.
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H. Any employee on workers compensation may be terminated from Employer’s employment after 12
months. Any employee on disability may be terminated from Employer’s employment after 9
months. Any employee on leave of absence may be terminated from Employer’s employment after
3 months.
I. The Employer must notify the Union Office immediately of any new hire or termination.
ARTICLE 4
CHECK OFF
A. Beginning with the first day and thereafter the commencement of employment, each Employer shall
deduct Union dues from the wages of each employee covered by this Agreement in the amount
specified in the Local Union 8A-28A and District Council 9 By-Laws; who authorizes the Employer to
do so. Such authorization must be in writing and signed by the employee.
B. The deduction required by this Article shall be made from the first paycheck of each calendar month
and shall be remitted to Local Union 8A-28A by the tenth (10th) of each month.
ARTICLE 5
MANAGEMENT RIGHTS
A. Except as limited by this Agreement, each Employer shall have the right to: plan, direct, and control
all its work; hire employees; direct the working forces in the field; assign employees to their jobs;
direct and assign work to employees; determine the number of employees to be employed;
discipline for just cause (just cause for discharge includes but is not necessarily limited to
incompetence, insubordination, habitual tardiness or absenteeism, safety violations, and
participation in unauthorized work stoppage or slowdown); exclusively manage the business and
make all decisions affecting the business; transfer employees; lay off employees because of lack of
work or for other legitimate reasons; require employees to observe the Employer’s and/or
contracting entities’ rules and regulations that do not conflict with this Agreement; regulate the
amount of equipment used and the use of equipment and other property of the Employer; require
the observance of applicable government regulations and safety standards; maintain reasonable
standards of production and quality of work; and decide upon methods, equipment, and procedures
to be used in the performance of all work covered by this Agreement; provided, however, that the
Employer will not use its rights for the purpose of discrimination against any employee.
B. Employers and the Union recognize the necessity of promoting efficiency and agree that no local
rules, customs, or practices shall be permitted that limit production or man-power required to do
the work, and that no limitations shall be placed on the amount of work that an employee is
performing during the work day. No regulations of tools shall be interpreted or enforced in any way
to prevent their use provided that all safety regulations are satisfied.
C. The foregoing statement of the rights of management and of Employer functions are not allinclusive, but indicate the type of matters or rights which belong to and are inherent in
management and shall not be construed in any way to exclude other Employer functions not
specifically enumerated.
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ARTICLE 6
FINISHING TRADE INSTITUTE OF NEW YORK; APPRENTICESHIP TRAINING AND EDUCATION
A. Each Employer will fund the Finishing Trade Institute of New York apprenticeship program – safety
training program and the skills training program – with an annual per employer fee payable over a
12 month period to the Local 8A-28A Finishing Trades Institute of New York, to be paid in 12
monthly installments: Annual fees will be effective for June 2019 at $6000 per year.
B. The Union and the Employers agree that the Skills Training Program and the Safety Training Program
will become part of a registered New York State Apprenticeship Program. Implementation of this
program will become the responsibility of both the Union and each Employer. The Union will insure
that accurate course records and attendance records are kept on all employees registered in the
Programs, on forms provided by the Programs. Required training will be conducted on the
employees’ own time without compensation.
The Union will use its best efforts to identify candidates for the Apprenticeship program and will
notify the Employers of the availability of such candidates for employment. The Union also agrees to
accommodate the training of apprentices or other new hires, in a time and manner that avoids
unreasonable interference with the Employer’s operations or the training of the apprentices.
C. When it is determined by the employer, following a mutual consent with the union, that a
Journeyperson/Sprayer, Mechanic does not possess the minimum skills of the classification they
hold they may be designated as a Probationary Journeyperson/Sprayer or Mechanic. The employer
has the obligation of designating a retraining program in conjunction with the union for this
Probationary Journeyperson. Testing will be administered. The training must be successfully
accomplished within a 6 month period with no reduction of wages. If the employee fails or refuses
the training their classification and wages will be reduced to the next classification.
ARTICLE 7
SAFETY
A. In accordance with the requirements of the Occupational Safety and Health Act of 1970, it shall be
the exclusive responsibility of each Employer to ensure the safety of its employees and compliance
by them with any safety rules contained herein or established by the Employer.
B. Each Employer shall, at all times, provide safe tools, materials, and equipment and safe working
conditions. If at any time, in the opinion of an employee, such tools, materials, equipment, or
working conditions are unsafe or protective equipment such as respirator equipment are defective
or exhausted and constitute a hazard to health or physical safety, the employee shall have the
obligation to notify their Employer through their supervisor of such hazardous conditions. Each
Employer shall take appropriate steps to determine if there is an unsafe condition and make any
corrections necessary. No employee shall be dismissed, disciplined, or otherwise discriminated
against, nor shall his or her pay be withheld (other than forfeiture of an increase under certain
conditions e.g. failure to take training), for refusal to work with unsafe tools, materials, or
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equipment or under unsafe or hazardous working conditions.
C. The Employers agree that during the life of this Agreement, each Employer will comply with all
applicable federal and state laws concerning occupational safety and health, including all applicable
standards, rules, and regulations issued pursuant thereto.
D. Except as clearly and specifically required by law or regulation, the Employers shall not require any
employee to sign a form or statement dealing with health and safety, hazards in the workplace, or
instruction and training relating to hazards in the workplace, unless that form or statement has been
expeditiously reviewed and agreed upon by the Union; provided, however, employees may be
required to execute documents acknowledging that they have received and read an Employer’s
health and safety policy. If required on a job site or by a client the Union agreement to this form or
statement cannot be unreasonably withheld. Forms or statements that are repeated, standard or
customary only have to be agreed upon once.
E. A willful violation of safety rules by an employee may result in discipline, up to and including
discharge.
F. Each Employer shall, in writing, promptly report to the Union all accidents and all incidents involving
OSHA reportable injuries to workers.
G. Each Employer will have a Health and Safety Policy.
H. The Employers shall provide safe, healthful and sanitary working conditions for all employees.
I. Two people (a spotter and a worker) will be required when working inside an elevator cab when
flammable lacquer is being sprayed. The shop steward and union office will be advised of any one
person jobs of this nature.
J. The Union will work with and support the Employers to develop, within one year of this
Agreement’s execution, a Managed Care and return to work program with the Employers’ Workers
Compensation provider.
K. An employee who refuses to wear proper personal protective equipment provided by the Employers
including but not limited to hard hats, eye protection, gloves and respirators or the employee does
not attend annual safety training and fit-testing for respirators, that employee will be disciplined up
to and including discharge.
L. When the use of a respirator is required the employee must be respirator fit certified and be clean
shaven. If for any reason they cannot properly use a respirator the employee can be sent home for
that work period without pay at the discretion of the Employers.
M. If either an Employer or an employee who is required to use spraying equipment believes spraying is
dangerous to the employee’s health, such employee shall be examined by a qualified physician
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selected by the Employer at the Employer’s expense. In the event such physician recommends that
the employee discontinue spraying, such employee shall thereafter not be required to spray; but
shall have his/her rate of pay reduced to the next lower classification.
ARTICLE 8
NON DISCRIMINATION
The Employer shall not discriminate against any employee on the basis of race, age, national origin,
religion, sex, creed, color, disability, sexual orientation, or any characteristic protected by law, including,
but not limited to, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age
Discrimination in Employment Act, 42 U.S.C. Section 1981, Family and Medical Leave Act, the New York
Paid Family Leave Law, the New York State Human Rights Law, the New York City Human Rights Law, the
Stop Sexual Harassment in New York City Act, or any other similar, applicable laws, rules or regulations.
In addition, any employee member of the Union acting in any official capacity shall not be discriminated
against for his or her acts on behalf of the Union, nor shall there be any discrimination against any
employee because of Union membership or activities. All claims under this Article shall be subject to the
grievance and arbitration procedure (Article 31) as the sole and exclusive remedy for violations.
Arbitrators shall apply appropriate law in rendering decisions based upon claims of discrimination.
ARTICLE 9
NO STRIKE/NO LOCKOUT
A. The Union agrees that there shall be no strike, work stoppage, slowdown or any similar form of
interruption of work for any reason whatsoever, during the entire term of this Agreement.
Notwithstanding the foregoing, in the event an Employer fails to comply with any arbitration award
issued pursuant to Article 32, Dispute Resolution, and fails to file with a court of competent
jurisdiction, a petition to vacate the award within the time allowed by statute, the Union shall have
the right to strike during the term of the Agreement solely to compel compliance with such
arbitration award.
B. In the event of an unauthorized strike, the Employer shall send a written notice thereof to the
Union. Immediately upon receipt of such notice, the Union shall endeavor in good faith to bring
about a return to work of its members who have stopped work. In addition, the Union shall inform
the employees in writing that such a strike is unauthorized and shall direct them in writing to return
to work and that employees who participate in a strike in breach of contract shall be subject to
discharge or discipline.
C. The Employers guarantee there shall be no lockout during the term of this Agreement.
ARTICLE 10
SENIORITY
A. Seniority for the purposes of this Agreement is defined as length of continuous service with the
employee’s Employer.
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B. Each Employer shall maintain one list of employees by hire date and classification.
C. An employee shall lose his/her seniority for any of the following reasons: (1) voluntary quit; (2)
discharge; (3) failure to return to work after a lay-off within five (5) business days after notice of
recall is sent to the employee at his/her last known address by certified mail with a copy to the
Union; (4) one (1) year of continuous lay-off; (5) receives seniority from another member or (6)
works for a “competing” non-signatory company with proof provided to the Union.
D. Notwithstanding anything to the contrary herein contained, the shop steward shall have super
seniority with respect to lay-off.
ARTICLE 11
SHOP STEWARDS
A. Working shop stewards shall be designated in all shops by the Union and will be elected through
closed election by the 8A/28A employees of the Employer. The Employer shall furnish the Union
with written reports upon request of all jobs being currently performed by the Employer. Such
reports shall include the name and location of the job and the number and shop names of the
employees employed.
B. The duties of the job stewards shall be as follows not limited to:
(1) To see that the provisions of this Agreement are observed;
(2) To receive and endeavor to adjust at the first step, all grievances that may be
submitted to him or her;
(3) To report to the full-time representatives of the Union any IUPAT trade jurisdiction
work being performed on the job site by any person who is not an IUPAT member;
(4) To mentor fellow members concerning the importance of a professional and
productive approach to work.
C. The shop stewards shall do their normal job and provide a healthy and productive example to all
employees. A reasonable time will be allowed during working hours to carry on safety, grievance
and item 3 (shown above) activities without loss of pay. Other activities requiring greater time will
be accomplished off hours or be paid by the union. They shall have authority to check the
identification of individuals employed on the job or in the shop. The Employer shall not dismiss or
otherwise discipline any steward for properly performing his or her duties, nor shall the Employer
dismiss or otherwise discipline any employee for making a complaint to the steward or giving
evidence with respect to an alleged violation of this Agreement. The shop steward shall have top
seniority in the bargaining unit, as long as he or she remains in the position of steward and so long
as he or she has the qualifications and ability to perform the available work. The shop steward shall
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be the first person offered overtime, provided he/she has the qualifications and ability to perform
the available work. Job stewards may be relieved of their duties at any time at the discretion of the
Union. It is agreed by the parties hereto that the shop steward shall not have the authority to call for
or initiate a work stoppage or job action at the workplace or job site and must immediately report
all problems to the appropriate union representative. The Union may also designate an alternate
shop steward who shall have the same rights and privileges as the shop steward when serving in
his/her place. The Unions By-Laws shall govern shop steward terms.
ARTICLE 12
SHOP CLOSINGS
A. When an Employer views it necessary, it may use any one or more of its ten (10) shops closing days.
The ten (10) days do not include closings caused solely by circumstances not under the control of
the Employer, such as weather, state of emergency and government shutdowns. During shop closing
the employees may choose to use their vacation days within the last 30 days or less days of their
anniversary date with their employer.
B. When an Employer has utilized all of its ten (10) shop closing days, employees with 15 or more
years’ seniority shall be part of a permanent shop crew. These employees shall be paid eight (8)
hours for each workday the shop is closed in excess of the initial ten (10) days. The ten (10) days do
not include closings caused solely by circumstances not under the control of the Employer, such as
weather, state of emergency and government shutdowns.
ARTICLE 13
VACATIONS
A. An employee who has been in the employ of the Employer for one year or more, shall be entitled to
vacation with pay during the next year of employment as follows:
| YEARS OF SERVICE AS OF ANNIVERSARY DATE |
DAYS OF PAID VACATION | HOURS OF PAID VACATION |
| 1 | 5 | 40 |
| 2 | 7 | 56 |
| 3 | 8 | 64 |
| 4 | 10 | 80 |
| 5 | 11 | 88 |
| 6 | 12 | 96 |
| 7 | 13 | 104 |
| 8 | 14 | 112 |
| 9 | 15 | 120 |
| 10 | 16 | 128 |
| 15 | 19 | 152 |
| 20 | 20 | 160 |
| 25 | 21 | 168 |
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Cap: The employees who have not reached the 15 days and 120 hours-entitlement as of June 1,
2011 will be capped at 15 days/120 hours going forward. For those employees who have 15 days
and 120 hours and over shall be able to accumulate to a maximum of 21 days and 168 hours.
B. Employee Vacation and Sick Pay Entitlements:
For every day missed below the base (the base is defined as 260 days less employee entitlement*,
less Shop Closings), the employee’s entitlement for sick and vacation pay benefits will be reduced
proportionately on an annual basis.
*Entitlement shall be defined as vacation pay, sick pay, holiday pay and bereavement pay to which
each employee is entitled under the collective bargaining agreement.
e.g. VACATION AND SICK PRO-RATE
(Example 1 – 9 years of Service as of Anniversary Date)
| BASE | 260 DAYS |
| LESS VACATION LESS SICK/PERSONAL LESS HOLIDAYS |
15 DAYS 7 DAYS 11 DAYS |
| LESS SHOP CLOSINGS | 10 DAYS 217 DAYS |
| MINIMUM WORK DAYS | 217 DAYS |
| ACTUAL DAYS WORKED | 207 DAYS |
207 DAYS = 95.39% X 22 DAYS = 20.98 (21 DAYS)
217 DAYS
(Example 2 – 15 to 19 years of Service as of Anniversary Date)
| BASE | 260 DAYS |
| LESS VACATION LESS SICK/PERSONAL LESS HOLIDAYS |
19 DAYS 7 DAYS 11 DAYS |
| LESS SHOP CLOSINGS | 10 DAYS 213 DAYS |
| MINIMUM WORK DAYS | 213 DAYS |
| ACTUAL DAYS WORKED | 203 DAYS |
203 DAYS = 95.30% X 26 DAYS = 24.77 (25 DAYS)
213 DAYS
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C. Vacation pay shall be calculated at the employee’s then current hourly wage rate multiplied by eight
(8). If the employee has worked six or more consecutive months on nights, the shift premium will be
calculated in the hourly rate.
D. Vacations shall be scheduled by the Employer and each employee and the Union shall be notified at
least thirty (30) days in advance of the commencement of any shop closing. Such shop closing period
shall not exceed ten (10) days during any one (1) contract year.
E. If an employee quits or is laid off or is discharged for any reason other than dishonest conduct,
he/she shall be paid for all accrued vacation days as of the time of such quit, lay-off or discharge. An
employee discharged for dishonest conduct shall lose his/her rights to vacation with pay.
F. As used herein, an employee shall be deemed “actively employed” during any period when he/she is
actually working or has paid time off, such as holidays, vacation, paid sick leave, or bereavement
leave.
G. Days not worked by employees because of a shop closing for not more than ten (10) days in any
contract year shall be deemed hours worked for purposes of this Article.
H. An employee absent from work and receiving worker’s compensation or disability insurance
payments shall not be deemed actively employed; but for each vacation day lost by reason of such
absence, the Employer shall pay the employee the difference between his regular rate of pay and
the amount of worker’s compensation or disability insurance payments received by the employee
for such day.
I. Beginning with the effective date of this Agreement, all vacation time earned during the year must
be utilized during that year. There will be a maximum of fifty-two (52) pay periods in one year.
J. There are no grandfathered accruals for vacation. All vacation must be used in the year earned.
However, if an employee cannot take a vacation because of the operational needs of the Employer,
the employee may carry over no more than two weeks of vacation time to the next year or the
employee can be paid for a maximum of two unused weeks. The option to carry over unused
vacation time or receive pay for the unused vacation shall be at the option of the Employer.
ARTICLE 14
MORE FAVORABLE TERMS & CONDITIONS
A. In the event the Union grants or intentionally permits any competitively situated employer any more
favorable terms, in whole or in part, than those applicable to Employers (including but not limited to
wages, hours, working condition and job duties) the Employers shall have the right to demand and
be entitled to have such more favorable terms deemed to be part of this Agreement.
B. Flexibility to Modify Agreement to Expand or Recover Work: The terms and provisions of this
Agreement may be modified by the Business Manager Secretary Treasurer of the District Council, at
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his/her discretion, for the purpose of organizing, holding a job union, maintaining or entering a
particular market segment, and for entering into maintenance agreements. Such modification(s) to
the Agreement shall occur only on a project-by-project basis, may occur only during the bid process
(not after the work has been awarded), and shall be offered to all signatory bidders.
ARTICLE 15
WORK WEEK HOURS & OVERTIME
A. This Article is intended to define the regular work week and work day and shall not be construed as
a guarantee of hours of work per day or per week, or days of work per week.
B. The regular work week shall consist of 40 hours divided into five consecutive workdays, Monday
through Friday. The regular workday shall consist of eight (8) consecutive hours, plus an unpaid meal
period. All other hours are considered overtime; unless otherwise stated herein.
C. Flexible Work Week:
An Employer may design flexible forty (40) hour work week schedules (not to exceed five (5) days)
within Monday through Friday work week as described below:
1. Four (4)… Ten (10) hour days
2. Monday, Tuesday, Wednesday … Eight (8) hours; Thursday sixteen (16) hours
3. Three (3) twelve and one half (12.5) hour days paid at forty (40) hours
D. When two or more kinds of overtime or premium pay are applicable to the same hours of work, the
higher rate shall be paid, but in no event shall overtime or other premium compensation be
duplicated or pyramided.
E. All employees may be required to perform a reasonable amount of overtime work.
F. Overtime work on Saturdays, Sundays and holidays shall be distributed by an Employer after
consultation with the shop steward. The decision to assign overtime will include a consideration of
skill, job requirements, job seniority, qualifications, the rotation of seniority, and timely consultation
with the shop steward and/or Union notification.
G. Overtime will be paid after each day’s hourly schedule has been exceeded, i.e., overtime on the
eleventh (11th) hour of a ten (10) hour day.
H. All work performed on Saturdays shall be paid at time-in-a-half. The exception being; for suspended
scaffold work and work deemed as a construction project; an eight (8) hour shift lost during the
week due to circumstances beyond the control of the employer, up to a maximum of eight (8) hours
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per week, may be worked on Saturday at the straight time rate.
I. All work performed on a contract holiday or a Sunday shall be paid for at the rate of two (2) times
the employee’s straight time hourly rate; but such compensation shall be in addition to holiday pay
as herein provided. When two or more kinds of overtime or premium pay are applicable to the same
hours of work, the higher rate shall be paid, but in no event shall overtime or other premium
compensation be duplicated or pyramided.
J. With the consent of the Union, an Employer may change the work week to start at 8:00 PM to 11
PM on Sunday night and may run through Thursday on jobs that require such hours. The Union may
not unreasonably withhold its consent, but may require the Employer to supply proof that the job
cannot be conveniently performed during normal work hours. If the work week ends on the
Thursday shift, any and all hours worked on the Friday shift will be paid as a Saturday at time-in-half
and any and all hours worked on the Saturday shift will be paid as a Sunday at double time. If the
Employer does not get the Union’s consent, the Employer will pay the overtime Sunday pay. The job
will be staffed by employees who are qualified to do the work using volunteers first and then by
reverse seniority.
K. At least twelve (12) hours advance notice shall be given in the event of any change of more than
one-and a half (1.5) hours in the starting time of the employee’s regular shift. However work within
12 hours of their prior shift is only allowed on a voluntary basis.
L. There will be two ten (10) minute breaks in the workday per shift. The Employer may prescribe at its
sole discretion when those breaks are to be taken. One half hour unpaid lunch period per shift.
M. Shifts will be assigned at management discretion.
N. Overtime work will be distributed at management’s discretion based on the job requirements. The
decision to assign overtime will include a consideration or skill, job requirements, job seniority,
qualification, the rotation of seniority, and timely consultation with the shop steward.
O. In accordance with Article 5 and Employer personnel policies, personal and sick days will not be
unreasonably denied. Vacation time will be given per policy or at a minimum of 30 days notice but
not more than 60; no such request will be unreasonably denied.
P. This Agreement addresses temporary changes to Employee work schedules and the provisions of
the New York City Temporary Changes to Work Schedules Law, 20 N.Y.C. Admin. Code Section 20-
1261, et seq., are hereby waived.
ARTICLE 16
HOLIDAYS, PERSONAL AND SICK LEAVE
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A. The following holidays shall be paid holidays under this Agreement, provided the parties may by
mutual agreement substitute a different holiday for one specified below:
| New Year’s Day | Martin Luther King Day |
| President’s Day Memorial Day |
Thanksgiving Day Day after Thanksgiving |
| Independence Day | Christmas Day |
| Labor Day | Veterans Day |
| Columbus Day |
B. Only employees who have completed one year of service, including any trial period shall be eligible
for holiday pay; provided. Apprentice entitlement(s) start in the second (2nd) year/term.
C. Holiday pay for the employee shall be at the then current wage rate for eight (8) hours.
D. If any employee is absent from work on the last scheduled workday immediately preceding or on
the first scheduled workday immediately subsequent to any holiday, such employee shall not be
entitled to be paid for such holiday. If the employee’s absence is due to proven illness or lay-off that
commences on or after the first day of the week prior to the week in which the holiday occurs and
ends on or before the last day of the week following the week in which the holiday occurs, the
employee will be paid for the holiday. Notwithstanding the foregoing, the Employers agree that they
shall not be unreasonable in granting requests for the day off immediately preceding or subsequent
to a holiday, without loss of holiday pay, if the employee submits a request in writing at least three
(3) working days prior to the requested day off.
E. If a holiday falls on a Saturday, it will be observed with time off on the preceding Friday. If a holiday
falls on a Sunday, it will be observed with time off on the following Monday.
F. An employee with three (3) days’ notice can take Good Friday off with pay by using a vacation or sick
day.
G. Paid Personal Days and Sick Leave: Any employee who as of his/her anniversary date has at least
two (2) years of Employer Seniority shall be entitled to Two (2) Personal Days.
Employees who have not reached their second anniversary shall accrue one hour of paid sick leave
for every thirty (30) hours worked up to a maximum of forty (40) hours per year. Newly hired
employees are eligible to use sick leave 120 days after their first day of employment.
Any employee who as of his/her anniversary date has at least two (2) years of Employer Seniority
shall be entitled of forty (40) hours per year of sick leave.
H. Sick Pay cannot be added to vacation time
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I. Sick and personal leave will be paid at the employee’s then current wage rate.
J. The Parties agree that on an annual basis the paid leave benefits provided employees under this
Agreement are comparable to or better than those provided under the New York City Earned Safe
and Sick Time Act, N.Y.C. Admin. Code Sec. 20-911, et seq. Therefore, the provisions of that Act are
hereby waived.
ARTICLE 17
WELFARE FUND
A. Effective June 1, 2019, the Employers shall contribute to the Metal Polishers Union Local 8A-28A
Welfare Fund (The Fund) $1,045.67 per month for each employee who worked during that month.
For employees who only worked after the 14th of a month, the contribution shall be prorated at
$500 for the remainder of the month.
The Employers and the Union agree that the minimum health and welfare contributions will be set as
follows:
| June 1, 2020 June 1, 2021 June 1, 2022 June 1, 2023 |
$1,149.67 per month $1,271.00 per month $1,375.00 per month $1,496.33 per month |
If an additional contribution above the foregoing minimum contributions are required to provide
benefits from the Fund for the second, third, fourth or fifth year of this agreement, effective June 1,
2020, the additional monies will come from an employer contribution. Any increase in the contribution
for the second, third, fourth or fifth year will be capped at 3%, and based upon the approval of
Owner/Union Trustees.
B. The Employers shall provide through their own insurance carriers disability insurance coverage to
employees covered by this Agreement. The disability insurance coverage shall provide for the
benefits required by New York State Law, but for no less than $226.00 per week, and shall be for the
term of this Agreement.
C. The Employers’ contributions shall be used for the purpose of insuring the employees covered by
this Agreement against hospitalization and medical cost, death or such other hazard as may be
determined by the Trustees of the Fund.
D. The Declaration of Trust and agreement establishing the Fund have been exhibited to the Employers
and have been approved by them.
E. The Employers shall furnish the Trustees of the Fund with the names, job classifications, social
security numbers and wages for all employees covered by this Agreement together with such other
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information as may be required for the proper and efficient administration of the Fund.
F. The Employers’ contribution for each month shall be paid in full by the Employers to the Fund by no
later than the tenth (10th) of the following month.
G. The Employers may discontinue their contributions at any time if the Fund is denied tax-exempt
status under Federal law, or if the contributions thereto are deemed non-deductible to the
Employers for any reason whatsoever.
H. After the ninetieth (90) day, a onetime waiting period for a “new hire employee(s)” tenure with the
employer, the employer will contribute to the Fund as described in paragraph “A” and “D” above
beginning on the 91st day of employment. Benefits for individuals remain in place until discharge for
any reason including layoff however the individual will then be eligible for COBRA administered by
the Welfare Trust Fund. When employment is reinstated, benefits will be reinstated as well; an
employer contribution will be due for that month. When employment is reinstated and layoff was
longer than a continuous 12 months period, the employee will be treated as a “new hire
employee(s).”
I. The Fund will institute a picture ID program for all participants; as the Trustees may decide.
J. An Employer that is delinquent in a monthly Metal Maintenance Agreement Welfare payment of
more than 25 business days will be subject to a work stoppage and a penalty in accordance with the
Trust Fund policies; in such circumstances Article 9 is not applicable.
K. If an Employer is ten (10) business days late on any and all other payments to the Union, the Union
maintains the right to strike that Employer.
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Article 18
RETIREMENT FUND
A. The following contributions computed on the base rate of pay of Journeyperson/Sprayer, Mechanic,
and Assistant Mechanic shall be made into the Local 8A-28A 401(k) Retirement Fund on behalf of
each employee in such classifications for each straight time hour worked or paid for in any work
week, including the straight time portion of overtime pay.
RETIREMENT FUND CONTRIBUTIONS
| CLASSIFICATION | EFFECTIVE 1-JUN-19 |
| JOURNEYPERSON/SPRAYER | $2.60 ($0.25) |
| MECHANIC | $2.28 ($0.25) |
| ASSISTANT MECHANIC | $1.80 ($0.25) |
The Union will allocate increases to the Retirement Fund from the economic package each remaining
contractual year. Such allocation shall be communicated to the Employer on or before May 1 of each
year.
B. The Employers’ contributions shall be used for the purpose of providing retirement benefits for
employees covered by this Agreement; no contribution shall be made for any person classified as an
Apprentice.
C. The declarations of trust and this agreement establishing the Retirement Fund has been exhibited to
the Employers and have been approved by all parties.
D. The Employers shall furnish the Trustees named in said agreement and declaration of trust with
names, job classifications, social security numbers and wages for all employees covered by this
Agreement together with such other information as may be required for proper and efficient
administration of the Retirement Fund.
E. The Employers’ contribution for each month shall be paid in full by the Employers to the Retirement
Fund not later than the tenth of the following month. If an Employer fails to make this payment on
time it will be subject to a penalty provided by the Trust Fund policies.
F. An Employer may discontinue its contribution at any time if the Retirement Fund is denied taxexempt status under Federal Law or if the contributions thereto are deemed non-deductible to the
Employer for any reason whatsoever.
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ARTICLE 19
FUNDS COMPLIANCE
For all the contributions and payments made to the Local Union 8A-28A Welfare Fund and Local Union
8A-28A Retirement Fund, Finishing Trades Institute of New York, the National Finishing Trades Institute
and the Labor Management Partnership herein referred to as Funds:
1. The payments to the Funds described above shall be made separately to each respective Fund
or as otherwise set forth in written instructions that the Employer shall receive from the
Administrator(s) of each respective Fund. The Employer hereby understands, accepts, and
agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust that has
been adopted by the parties to each of the respective Funds identified above, including all
amendments and modifications made thereto, and the Employer hereby agrees to be bound by
and to said Agreements and Declarations of Trust as though it had actually signed the same.
2. The Employers hereby irrevocably designates as its representatives on the Board of Trustees of
the Funds such Trustees as are now serving, or who will in the future serve, as Employer
Trustees, together with their successors, as provided for in the aforesaid trust indentures.
3. The Union hereby irrevocably designates as its representatives on the Board of Trustees of the
Funds such Trustees as are now serving, or who will in the future serve, as Union Trustees,
together with their successors, as provided for in the aforesaid trust indentures.
4. The parties hereto further agree to be bound by all actions taken by the Trustees of the Funds
pursuant to the said Agreement and Declarations of Trust.
5. All contributions to the Funds described in this paragraph and this Agreement hereof shall be
made at such time and in such manner as the Trustees of each respective Fund may require, and
the Trustees shall have the authority to have a certified public accountant audit the payroll,
wage, and other relevant records of the Employer for the purpose of determining the accuracy
of contributions to each respective Fund.
6. If the Employer fails to make contributions to any of the Funds described in this paragraph and
this Agreement hereof within tenth (10th ) days after the date required by the Trustees, such
failure shall be deemed a violation of this Agreement and the Union shall have the right to take
whatever steps are necessary to secure compliance with this Agreement, any provisions hereof
to the contrary notwithstanding, and the Employer shall be liable for all costs of collecting the
payments due, together with the attorneys’ fee and such penalties as may be assessed by the
Trustees of each respective Fund. The Employer’s liability for payment under this provision shall
not be subject to or covered by any “no-strike” clause which may be provided or set forth
elsewhere in this Agreement and such provisions shall not apply in the event of a violation of
this clause.
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7. The Union will allocate the economic package agreed to in this Agreement between wages and
benefits for each contract year, commencing on June 1, 2020. The Union will communicate the
allocation in writing to each Employer on or before May 1 of each year.
ARTICLE 20
UNIFORMS
A. Uniforms shall be provided to all employees at the Employer’s expense, and all employees shall be
required to wear such uniforms during working hours.
B. All employees shall be required to own and use safe and presentable OSHA Standard work shoes
during working hours. In the event an Employer requires employees to wear special safety shoes,
such shoes shall be provided at the Employer’s expense.
C. Employees shall be responsible for the return of all uniforms and safety shoes provided by the
Employers in good condition, reasonable wear and tear expected.
ARTICLE 21
NO COMPETING EMPLOYMENT
While in the employ of an Employer, no employee may work temporarily for or have any financial
interest in any competitively situated company or solicit or work on or for his/her own account on any
business which constitutes a business opportunity for the Employer. An employee who violates this
Article may be dismissed, and if an Employer temporarily hires an employee from another Employer
which is signatory to a contract with the Union, that Employer shall pay a fine to the Metal Polishers
Union Local 8A-28A Pension Fund equal to double the employee’s annual wages.
ARTICLE 22
SUPERVISORS & BARGAINING UNIT WORK
Managerial and supervisory personnel may not perform bargaining unit work except for purposes of
training or experimentation.
ARTICLE 23
CALL-IN & REPORTING PAY
In the event an employee reports for work on his/her regular shift without previously having been
notified not to report, he/she shall be given at least two (2) hours work or two (2) hours pay; provided
however, that this shall not apply unless the employee has previously advised the Employer of the
employee’s current address and telephone number. Any employee who is directed to quit work, for any
reason whatsoever, before having completed his/her regular shift shall be compensated for all hours
worked.
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ARTICLE 24
OUT OF TOWN WORK
A. “Out of town work” means work which requires the employee to stay overnight.
B. Employees shall be paid not less than $85.00 per diem for expenses when working out of town.
C. No employee shall be required to work out of town for individual periods of more than 5 days.
ARTICLE 25
DRIVING
All employees shall be required to hold a valid driver’s license and upon request drive Employer vehicles
without additional compensation; provided, however, that employees in the employ of the Employer as
of May 31, 1985 and who did not drive Employer vehicles prior to that date shall not be subject to this
requirement. In the event any employee who is required to drive has his license suspended or revoked,
such employee may remain in the Employer’s employ but be immediately brought to the minimum rate
of pay of the next lowest paid classification to his/own without being required to drive; provided
however, that at such time as the employee’s license is restored he/she shall be required to resume
his/her regular driving duties and shall be entitled to his/her regular rate of pay. Included are first time
suspension that do not exceed six (6) months only
ARTICLE 26
WAGES
The total wage and benefit funds increases for Journeypersons, Mechanics and Assistant
Mechanics shall be as follows:
| June 1, 2019 | $1.50 |
| June 1, 2020 | $1.25 (minimum of $0.60 into H&W) |
| June 1, 2021 | $1.50 (minimum of $0.70 into H&W) |
| June 1, 2022 | $1.25 (minimum of $0.60 into H&W) |
| June 1, 2023 | $1.50 (minimum of $0.70 into H&W) |
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A. Wage Adjustment – Employees in the following designations who are employed on the following
dates shall receive increases in their base wages as set forth below:
| CLASSIFICATION | EFFECTIVE 1-JUN-19 |
| JOURNEYPERSON/SPRAYER | $0.50 |
| MECHANIC | $0.50 |
| ASSISTANT MECHANIC | $0.50 |
B. Minimum rates of pay.
| CLASSIFICATION | EFFECTIVE 1-JUN-19 |
| JOURNEYPERSON/SPRAYER | $36.33 ($0.50) |
| MECHANIC | $31.08 ($0.50) |
| ASSISTANT MECHANIC | $23.86 ($0.50) |
| APPRENTICE III* | $18.00 |
| APPRENTICE II* | $17.00 |
| APPRENTICE I * | $16.00 |
ASSISTANT MECHANIC IS ONE WHO HAS SUCCESSFULLY COMPLETED ALL TRAINING AND IS WAITING
FOR NEXT CLASSIFICATION PLACEMENT OFFER.
*The minimum wage rate for the contractual term June 1, 2019 to May 31, 2024.
The Union will allocate increases to the Wages from the economic package each remaining contractual
year. Such allocation shall be communicated to the Employer on or before May 1 of each year.
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C. Additional Premium Pay:
• Construction Pay
All construction projects are defined as new from the ground up and complete renovation
projects of existing buildings and entire floors. Effective June 1, 2014, the following
premium rates of pay, shall be paid for each classification herein, over and above the
employee’s then current rate of pay (excluding remodeling work). The union shall
periodically update all government prevailing wage fillings.
▪ Journeyperson/Sprayer $1.10 per hour
▪ Mechanic $0.95 per hour
▪ Assistant Mechanic $0.75 per hour
▪ Apprentice III $0.54 per hour
▪ Apprentice II $0.44 per hour
▪ Apprentice I $0.39 per hour
• HIGH PAY:
o All employees shall be paid the premium set forth below for time they work on
hanging scaffolds, standing scaffolds, rigging and de-rigging more than thirty-four
(34) feet off the ground.
o Any person can refuse to work off a hanging or rolling scaffold above 34 feet on any
particular job certifications are applicable.
▪ Journeyperson/Sprayer $4.00 per hour
▪ Mechanic $3.50 per hour
▪ All Other Classifications $2.50 per hour
| • | NIGHT DIFFERENTIAL PAY: |
| o Employees who received night differential pay for five hundred hours or more from June 1, 1998 to May 31, 1999 and who work the night shift after June 1, 2005 shall be entitled to additional pay as follows for all hours worked on the night shift. |
|
| Journeyperson/Sprayer Mechanic |
$1.60 per hour $1.38 per hour |
| Assistant Mechanic | $0.97 per hour |
| All Others | $0.72 per hour |
o Notwithstanding the foregoing, employees who are promoted to or slotted into a
classification with higher minimum wage than the wage they received before they
were promoted shall not receive additional pay for work on the night shift; nor shall
persons hired into an “Assistant” classification after June 1, 1999 be paid additional
pay for work on the night shift.
D. In the event a Mechanic or Assistant Mechanic works in the capacity of a Journeyperson for a period
of 6 months, in any calendar year, such Mechanic or Assistant Mechanic shall be considered for
promotion to the title of Journeyperson, after the Mechanic completes their 6th month, or if there is
an opening. When working in the capacity of a Journeyperson, the Mechanic or Assistant Mechanic
shall receive the Journeyperson’s wage rate. The Employer will declare to the Union in writing when
a Mechanic or Assistant Mechanic works in the capacity of a journeyperson.
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E. If at any time during the sixth month probationary period the employee is relieved of his/her
Journeyperson/Sprayer or Mechanic responsibilities, the employee’s wage rate will be reduced
accordingly.
F. Construction pay, night differential pay and high pay are classified as premium pay
ARTICLE 27
NO REDUCTION IN PAY
Each employee in the Employers’ employ as of June 1, 2019 shall be entitled to a rate of pay determined
in accordance with Article 26, whichever is the higher rate; provided, however, that an employee
promoted to a higher paying classification shall thereafter be entitled only to the minimum rate of pay
for that classification. The Employers and the Union agree to discuss certain changes in classification and
wage level reduction on a case by case basis unless otherwise allowed e.g.: Loss of driver’s license
Article 25 and pertaining Skills Training per Article 6 – C and 7 – M.
ARTICLE 28
BEREAVEMENT PAY
A. In the event of absence because of death in the immediate family, the employee shall be paid for
each straight time hour lost in the regular work week, Monday through Friday, which the employee
would otherwise have worked during the period commencing with the date of the death and ending
on the sixth calendar day following the date of death, but not in excess of twenty-four (24) hours or
three (3) days’ pay.
B. Members of the “immediate family” shall consist of spouse, parents, children, brothers, sisters,
father-in-law, mother-in-law and grandparents.
C. The Employer requires proof of death and the relationship between the deceased and the
employee.
ARTICLE 29
SEVERANCE PAY
Employees with five (5) or more years of service with the Employer shall be entitled to severance pay
equal to one day’s pay at straight time rates for each year of employment with the Employer, but only if
their employment with the Employer is terminated involuntarily as a result of a liquidation, bankruptcy
or relocation to a point outside New York City and more than fifty (50) miles from the Employer’s
present location.
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ARTICLE 30
UNION RIGHTS
A. Notwithstanding anything to the contrary herein contained, the Employers will not require any
employee to cross any bonafide picket line established at a job site where the employee is assigned
to work. Refusal to pass such a picket line shall not constitute grounds for discipline, discharge or
lay-off.
B. Union representatives shall at all times have the right to visit without unreasonable disruption, and
have access to all job sites and employer shops that are subject to this Agreement.
ARTICLE 31
DISPUTE RESOLUTION
A. A grievance may be filed at any time by an affected employee or by a Union representative acting on
behalf of the Union, an employee or a group of employees. A “grievance” may involve any dispute
concerning the interpretation and/or application of provisions set forth in the collective bargaining
agreement, including past practices and customs of the parties.
B. In the event a dispute arises, the following steps shall be invoked by the party/employee pursuing
the claim:
Step One. The Union and/or the employee(s) shall, within thirty (30) days after the
occurrence that results in the complaint, file a written grievance that describes in terms
sufficiently specific to identify the nature of the occurrence, the manner in which the Employer
allegedly violated the collective bargaining agreement, a binding custom or practice of the
parties, etc. and describes the nature of the remedy sought. A copy of the grievance must be
delivered to the employee’s immediate supervisor, and/or the RAB and/or the Employer’s
designated labor relations supervisor and a copy must also be forwarded to the Business
Manager/Secretary Treasurer of the District Council/Local Union. Upon receipt of a grievance
under this procedure, if filed by an individual employee or group of employees, the Employer
shall also be responsible for promptly forwarding a copy of any such grievance to the Business
Manager/Secretary Treasurer or designated representative so as to assure that the Union is
aware of the pendency of the grievance.
Step Two. Within one (1) week after the filling of a grievance, or at such other time as
the parties may mutually agree, a representative of the Union shall meet with a designated
representative of the RAB and/or the Employer to attempt to resolve the grievance. If the
grievance has not been resolved within one (1) week following such a meeting [or within two (2)
weeks following the date of the grievance if no such meeting has occurred or been scheduled],
then the Union may proceed to submit the matter to arbitration under the procedures set forth
below. Notwithstanding any provision set forth herein or elsewhere in this Article, the parties
may, at any time agree mutually in writing to extend any time limit or time frame set forth.
Step Three: Arbitration. If the parties cannot agree upon a settlement of a grievance,
then the Union may, within thirty (30) days following notice to the RAB and/or Employer that it
25
intends to seek arbitration, submit the matter for final and binding arbitration under the rules
and regulations of the American Arbitration Association or the Federal Mediation and
Conciliation Service. The decision of a neutral arbitrator, selected pursuant to AAA or FMCS rules
and regulations, shall be final and binding upon all parties and the grievant(s). The costs of any
such arbitration proceeding shall be borne equally by the Union and the Employer, except that
each party shall pay the cost of its own attorneys, witness fees and requested stenographic. The
arbitrator shall have no power to alter, modify, or change any provision in the collective
bargaining agreement and his/her powers shall further be limited to an interpretation(s) of the
Agreement, a determination of the specific matter presented in the grievance, and a decision
that shall state an appropriate remedy, if any, in relation to that grievance.
C. If an Employer fails to comply with a final and binding decision issued by an arbitrator – and/or a
judgment of a court confirming said award, within 30 days of its issuance, and no action is pending
in court to modify or vacate said award, the Union may, in its discretion, resort to any legal recourse
available to it, including a job action, a strike, or litigation, to obtain enforcement thereof, until such
award is complied with.
D. Employee’s rights under the National Labor Relations Act are hereby incorporated by reference into
this Agreement, and Arbitrators shall have the authority to adjudicate claims for unfair labor
practices under the National Labor Relations Act in accordance with the procedures set forth herein
and applicable National Labor Relations Act principles and powers. Claims shall be limited to
allegations of discriminatory discipline and discharge and such cases as the parties agree.
E. Pursuant to 12 N.Y.C.R.R. Sec. 195-5, all disputes over wage advancements and/or overpayment
shall be subject to the grievance and arbitration procedures set forth in this Article.
ARTICLE 32
GENERAL SAVINGS CLAUSE
A. If any Article or Section of this Agreement should be held invalid by operation of law or by any
tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section
should be restrained by such tribunal pending a final determination as to its validity, the remainder
of this Agreement, or the application of such Article or Section to persons or circumstances other
than those as to which it has been held invalid or as to which compliance with or enforcement of
has been restrained, shall not be effected thereby.
B. In the event that any Article or Section is held invalid or enforcement of or compliance with any
Article or Section has been restrained, as above set forth, the affected parties shall meet at the
request of any party to this Agreement, for the purpose of arriving at a mutually satisfactory
replacement for such Article or Section during the period of invalidity or restraint. If the parties do
not agree on a mutually satisfactory replacement within sixty (60) days after beginning the period of
invalidity or restraint, either party shall be permitted all legal or economic recourse in support of its
demands notwithstanding any provision in this Agreement to the contrary.
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ARTICLE 33
DRUG & ALCOHOL TESTING
A. Acknowledgement – the Union and the Employers recognize that alcohol and substance use
disorders along with mental and emotional illness are treatable diseases and should be viewed as
such. Treatment and benefit to facilitate this program will be given equal consideration as part of
the Union/employees’ health benefits. The Union and the Employers recognize that the loss of
experienced employees from these illnesses and the loss from poor performance and risks of
accidents/injuries due to these personal issues have a negative effect on the industry that they
serve. The Member Assistant Program (MAP) a benefit provided through the Health and Welfare
Fund will intervene on behalf of the Union and the Employers to offset these issues. The Employers
and the Union will utilize the MAP when job performance becomes an issue in lieu of the regular
progressive disciplinary system. The Employer may ask for proof of attendance for recommended
MAP interventions to address the job performance. Prevention through education classes for
employees will be provided through the health and welfare program. The Employer shall have the
right to institute, maintain, and require observance of a fair and consistent Drug and Alcohol Policy
for all employed union members.
B. The parties to this Agreement recognize the need to provide and maintain a drug-free and alcoholfree workplace. Each party agrees that it will comply with any customer-mandated substance abuse
program. Further, all employees shall be bound, as a condition of employment, by the rules and
provisions of any such substance abuse program, which may include the following types of testing:
pre-employment, reasonable suspicion, post-incident, and random where allowed by law.
C. All substance abuse programs, rules, or regulations shall be submitted to the Union for review prior
to implementation by the Employer.
D. The Employer shall require any employee involved in an accident in an Employer owned vehicle,
which involves or would ordinarily result in a police report to submit to a drug and alcohol test as
soon as possible after such an accident occurs. Employees involved in such accidents must make
themselves available for testing. An employee who fails to report an accident or to submit to a drug
and alcohol test ordered by the Employer shall be subject to discharge.
E. The Employer shall also require any employee involved in a non-vehicular accident during work
hours which is caused by human error and results in significant injury to property or a person to
submit to a drug and alcohol test. Employees involved in such accidents must report them as soon
as practical to their supervisor and make themselves available for testing. An employee’s failure to
report an accident or submit to a drug and alcohol test ordered by the Employer shall be subject to
discharge.
F. Any employee who tests positive for drugs or alcohol may request a second test within twenty-four
(24) hours of learning of the positive results. If the employee does not request a second test or if the
second test confirms the first test’s results, the employee shall enroll in a rehabilitation program
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designated by the MAP.
G. An employee who does not enroll in such a program or who fails to successfully complete such a
program shall be subject to discharge.
H. Also, any employee who tests positive for drugs and alcohol twice in a three (3) year period shall be
subject to discharge.
ARTICLE 34
SHOP & JOB SITE RATIO
The Employers agree that the job site ratio described below will be followed at all applicable job sites:
A. When a crew goes into the field with three (3) or four (4) employees, the crew must consist of at
least one Journeyperson/Sprayer and an Assistant Mechanic and/or Apprentice with at least two
years’ experience.
B. Each Worksite must have at least one Journeyperson/Sprayer.
C. On a job site of five (5) but less than ten (10) men there must be at least one (1)
Journeyperson/Sprayer and one (1) Mechanic.
D. On a job site of ten (10) men the ratio must be two (2) Journeypersons/Sprayers, two (2) Mechanics
and any combination of six (6) assistant Mechanics and Apprentices.
E. The ratio shown in “D” above will remain consistent on all job sites requiring more than 10
employees.
F. If an Employer must operate a worksite with a Mechanic or below, that worker must be paid
Journeypersons/Sprayer’s wages for that work.
G. An Employer found to be operating a job site without a Journeyperson/Sprayer wages being paid
will be subject to a $3,000.00 fine per incident payable to the Local 8A-28A Welfare Fund.
H. Each Employer must maintain a minimum ratio of Journeyperson/Sprayer and Mechanic within their
respective shops. This minimum will be as follows:
Journeyperson/Sprayer—40%
Mechanic—15%
I. All maintenance work shall be staffed by a lead employee from the Classification of either
Journeyperson or Mechanic. Such lead employee shall be paid according to their regular
classification pay.
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ARTICLE 35
EVASION OF AGREEMENT
A. The Employers shall not directly or indirectly, through any subsidiary, affiliated or related company,
perform work that is both within the scope of this Agreement and within the Union’s geographical
jurisdiction, unless such work is performed subject to the terms of this Agreement.
B. The Employer shall not contract out or subcontract any work covered by this Agreement to any
subcontractor or other person unless that subcontractor or other person is a party to a Collective
Bargaining Agreement with a Local Union 8A-28A; District Council 9 or an affiliate with the
International Union of Painters and Allied Trades, AFL-CIO, CLC.
C. The Employer may subcontract work to other parties in order to control its risk with warranties and
to address particular manufacturer’s requirements, provided that before doing so the Employer
demonstrates to the satisfaction of the Union that the subcontracting is essential for the foregoing
purposes.
ARTICLE 36
CONTRIBUTIONS THROUGH VOLUNTARY
DEDUCTIONS TO THE IUPAT-PAT-PC FUND
The Employer signatory to this Agreement hereby agrees to honor authorizations, in the following form,
for check-off of political contributions from employees who are Union Members and to forward all
contributions and reports on contributions on or before the tenth (10th) day of each month for the
previous work month to Combined National Fund, P.O. 79128, Baltimore, MD 21279-0128.
AUTHORIZATION FORM FOR CHECKOFF OF POLITICAL CONTRIBUTIONS
I hereby authorize and direct my Employer to deduct from my pay the sum of five cents ($.05)
for each hour that I receive pay up to a maximum of two ($2.00) dollars per week, as a
contribution to the Political Action Together-Political Committee (PAT-PC) of the International
Union of Painters and Allied Trades. I further authorize and direct the Employer to send to the
“Combined National Fund”, on or before the 10th day of each month, the contributions and
report on contributions due for the previous work month. Checks shall be made payable to
“Combined National Fund” and mailed to Combined National Fund, P.O. Box 79128, Baltimore,
MD 21279-0128. I further authorize and direct the Employer to honor any instruction that it may
receive from a duly authorized representative of PAT-PC concerning a change in mailing or
payment instructions relating to this contribution, should same occur.
This authorization is voluntarily made based upon my specific understanding that the signing of
this authorization card and the making of these voluntary contributions are not conditions of
membership in the Union or of employment by my Employer; that I may refuse to contribute
without reprisal; that the PAT-PC and the AFL-CIO COPE are engaged in joint fundraising and use
the money they receive for political purposes, including but not limited to making contributions
to and paying expenditures for candidates for federal, state, and local offices and addressing
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political issues of public importance; and that the guideline amount indicated above is only a
suggestion and I may contribute more or less and will not be favored or disadvantaged by the
Union or my employer for doing so.
ARTICLE 37
UNION SURETY FEE
At the discretion of the Union and subject to minimum, a new or otherwise signatory employer of the
Metal Maintenance Agreement may be required to place a Surety Fee deposit or equivalent financial
instrument with the Metal Polisher’s Funds. A minimum of $5000 will be required. This deposit will be
held in reserve but used if an Employer fails to provide on a timely basis any funds or fees to the Union.
An Employer that fails to provide timely payments and has the reserve fund used, must restore the
reserve funds used. When the Employer decides to leave the Union this deposit will be returned without
interest providing there is no delinquency.
For existing signatory Employers and current deposits are to remain in place. In addition any Employers
that are frequently delinquent with their payments may be required to a new Surety Fee deposit at the
discretion of the Union and/or the Fund Trustees.
ARTICLE 38
SUCCESSORS
A. This Agreement, and any supplements or amendments thereto, hereinafter referred to collectively
as “Agreement,” shall be binding upon the parties hereto, their successors, administrators,
executors and assigns.
B. In the event an Employer’s business is sold, leased, transferred, or taken over by sale, transfer,
lease, assignment, or receivership proceedings, such business and operation shall continue to be
subject to the terms and conditions of this Agreement for the life thereof. It is understood by this
provision that the parties hereto shall not use any leasing or other transfer device to a third party to
evade this Agreement. The Employer shall give notice of the existence of this Agreement and this
provision to any purchaser, transferee, lessee, assignee, etc., of the business and operation covered
by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union, at
the time the seller, transferor, or lessor executes a contract or transaction as herein described. The
Union shall also be advised of the exact nature of the transaction, not including financial details.
C. In the event an Employer fails to require the purchaser, transferee, or lessee to assume the
obligations of this Agreement, the Employer shall be liable to the Union, and to the employees
covered for all damages sustained as a result of such failure to require assumption of the terms of
this Agreement, but shall not be liable after the purchaser, transferee, or lessee has agreed in
writing to assume the obligations of this Agreement.
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ARTICLE 39
MISCELLANEOUS PAYMENTS AND DEDUCTIONS
A. All funds and dues remittances are due to the union by the tenth (10th) of each month. Unless
otherwise noted, all calculations start from day one (1) of employment. Payments are made to the
following: Union dues to Local 8A-28A; Welfare to Local 8A-28A Welfare Fund; to Members
Assistance Program if applicable, to Employee’s Local 8A-28A 401(k) Retirement Fund, Finishing
Trades Institute of New York, the National Finishing Trades Institute and the Labor Management
Partnership.
| National Finishing Trade Institute (N-FTI) Labor Management Partnership |
Effective June 1, 2014 $0.03 per hour, per employee Effective June 1, 2014 $0.03 per hour, per employee |
Both National Finishing Trade Institute and Labor Management Partnership funds are employer
contribution to be paid for each hour worked at a maximum of forty (40) hours per week per employee.
B. The administrative dues check-off deduction is 3% of weekly gross wages; plus $16.00 per capita
dues per member per month; to be deducted from each member working for each signatory
employer and to be submit to the Union; (Pursuant to the By-Laws of Local Union 8A-28A and/or
District Council 9 and the International Union Constitution). Employers will be notified in a timely
manner of any modifications.
ARTICLE 40
MULTI-TRADE FIRMS
It is recognized that the industry contains Employers that perform multiple job disciplines in addition to
metal maintenance and refinishing. It is expressly understood that these Employers will only use labor
that is affiliated with Local 8A-28A to perform metal maintenance or refinishing functions including to,
wipe down of metal surfaces, and all work covered under the scope of this agreement. This is to
recognize the specialized training and knowledge required to properly maintain and refinish
architectural metal surfaces. Employers that violate this understanding and which use non-affiliated
labor to perform metal functions will be penalized for this breach of agreement and will be subject to a
$5,000.00 fine per incident payable to the Local 8A-28A Welfare Fund. At the Union’s discretion a
portion of that penalty may be provided to the 8A/28A union member who notified the union of the
violation. Employers which cause consequential damage while performing their traditional non-affiliated
work on adjacent surfaces will have the right to repair such damage with no penalty. For example
purposes only, if a signatory Employer’s marble workers while in the course of cleaning/restoring a wall
or floor, allow cleaning solution to travel onto metal surfaces, the marble workers may wipe their
cleaning solution off of the surface as to not allow an unsatisfactory condition to occur for the client.
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ARTICLE 41
DURATION OF AGREEMENT
This Agreement shall be effective as of June 1, 2019 and shall continue in full force and effect until May
31, 2024. This Agreement shall be renewed automatically for successive one-year periods unless either
party serves written notice upon the other of its desire to terminate or amend this Agreement by
registered mail, at least thirty (30) days prior to the original expiration date or any renewal thereof.
| COMPANY By:______________________________________ Date:____________________________________ |
DISTRICT COUNCIL NO. 9, INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, AFL CIO (METAL POLISHERS, PRODUCTION AND NOVELTY WORKERS LOCAL UNION 8A-28A) By:______________________________________ Date:____________________________________ |