Agreement Between
District Council No. 9, International Union of Painters And Allied Trades, AFL-CIO, (Metal Polishers Production and Novelty Workers)
And INDEPENDENT EMPLOYER
JUNE 1, 2024- MAY 31, 2029
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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 INSTITUTION OF NEW YORK; APPRENTICESHIP TRAINING AND EDUCATION………………………………………………………………………………………………………………. 5
ARTICLE 7 SAFETY …….………………………………………………………………………………………………… 6 ARTICLE 8 NON DISCRIMINATION…………………………………………………………………………………… 7 ARTICLE 9 NO STRIKE/NO LOCKOUT…..…………………………………………………………………………… 8 ARTICLE 10 SENIORITY……………..…………………………………………………………………………………….8 ARTICLE 11 SHOP STEWARDS………………………………………………………………………………………….8 ARTICLE 12 SHOP CLOSINGS…………………………………………………………………………………………..9 ARTICLE 13 VACATIONS……..………………………………………………………………………………………….10 ARTICLE 14 MORE FAVORABLE TERMS& CONDITIONS………………………………………………………..12 ARTICLE 15 WORK WEEK HOURS & OVERTIME…………………………………………………………………..12 ARTICLE 16 HOLIDAYS, PERSONAL AND SICK LEAVE..………………………………………………………..14 ARTICLE 17 WELFARE FUND………………………………….………………………………………………………..15 ARTICLE 18 RETIREMENT FUND……………………………..………………………………………………………..17 ARTICLE 19 FULL COMPLIANCE…………………………….……………………………………………………….. 18 ARTICLE 20 UNIFORMS…………………………………………………………………………………………………19 ARTICLE 21 NO COMPETING EMPLOYMENT…………………………………………………………………..20 ARTICLE 22 SUPERVISORS & BARGAINING UNIT WORK……………………………………………………..20 ARTICLE 23 CALL-IN & REPORTING PAY………………………………………………………………………….20 ARTICLE 24 OUT OF TOWN WORK………………………………………………………………………………….20 ARTICLE 25 DRIVING………………………..………………………………………………………………………….20 ARTICLE 26 WAGES………………………….………………………………………………………………………….21 ARTICLE 27 NO REDUCTION IN PAY……………………………………………………………………………….23 ARTICLE 28 BEREAVEMENT PAY…………………………………………………………………………………….23 ARTICLE 29 SEVERANCE PAY………………………………………………………………………………………..24 ARTICLE 30 UNION RIGHTS…………………………………………………………………………………………..24 ARTICLE 31 DISPUTE RESOLUTION ………………………………………………………………………………..24 ARTICLE 32 GENERAL SAVINGS CLAUSE…………………………………………………………………………26 ARTICLE 33 DRUG & ALCOHOL TESTING…………………………………………………………………………26 ARTICLE 34 SHOP & JOB SITE RADIO………………………………………………………………………………27 ARTICLE 35 EVASION OF AGREEMENT……………………………………………………………………………28 ARTICLE 36 CONTRIBUTIONS THROUGH VOLUNTARY DEDUCTIONS TO THE IUPAT-PAT-PC FUND…………………………………………………………………………………………………………………………….29 ARTICLE 37 UNION SURETY FEE…………………………………………………………………………………….29 ARTICLE 38 SUCCESSORS……………………………………………………………………………………………30 ARTICLE 39 MISCELLANEOUS PAYMENTS AND DEDUCTIONS……………………………………………..30 ARTICLE 40 MULTI-TRADE FIRMS……………………………………………………………………………………. 31 ARTICLE 41 DURATION OF THE AGREEMENT…………………………………………………………………… 32
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AGREEMENT ENTERED INTO AS OF June 1, 2024 BY AND BETWEEN 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” and ______________________________ hereinafter called the “Employer.”
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 Employer 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 Employer 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 Employer recognizes, acknowledges, and agrees 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 Employer’s 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, Westchester, Putnam, Albany, Montgomery, Rensselaer, Schoharie, Schenectady,
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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 Employer shall, within ten (10) days after receipt of written notice from the Union,
discharge any employee who fails to maintain their 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 Employer 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 a 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 Mechanics who are available. The Employer will hire from this list, but this new
employee will be on a trial period, as defined below, 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, new to the industry, shall be engaged for a trial period for the first one
hundred and twenty (120) days of their employment with the Employer. Employees new to
an Employer, but with prior employment with another employer signatory to a Union CBA,
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.
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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.
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 Charge person/Journeyperson/Sprayer: | Once, unless major changes |
| 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 4 yrs. |
| “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 layoffs for economic reasons
and recalls. For layoffs, the Employer 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
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seniority basis within their classification and if applicable, separately for each division, any combination of Journeyperson/Sprayer, Mechanic, Assistant Mechanic and Apprentice.
The Employer 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.
H. Any employee on workers’ compensation may be terminated from Employer’s employment
after twelve (12) months. Any employee on disability may be terminated from Employer’s
employment after nine (9) months. Any employee on leave of absence may be terminated
from Employer’s employment after three (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 ByLaws, 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,
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that the Employer will not use its rights for the purpose of discrimination against any employee.
B. The Employer 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 manpower
required to do the work, and that no limitations shall be placed on the amount of work that
an employee is performing during the workday. 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.
ARTICLE 6
FINISHING TRADE INSTITUTION 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 twelve (12) month period to the Finishing Trades Institute of New York, to be
paid in twelve (12) monthly installments: Annual fees will be effective for June 2024 at
$6,000 per year.
B. The Union and the Employer 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 ensure 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 Employer 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 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 six (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.
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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, personal protective equipment,
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 equipment or under unsafe or hazardous working conditions. The Employer
shall provide written materials (safety data sheets) detailing each of the products used, any
associated warnings and their specifications to the Union upon request or upon
introduction of a new product. Notification to a shop steward shall satisfy the Employer’s
obligation under this provision.
C. The Employer agrees 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 Employer 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.
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H. The Employer 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.
SECTION INTENTIONALLY LEFT BLANK.
J. An employee who refuses to wear proper personal protective equipment provided by the
Employer 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.
K. 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 Employer.
L. 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 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 their rate of pay reduced to the next lower
classification.
ARTICLE 8
NON DISCRIMINATION
The Employer shall not discriminate against any present or future employee on the basis of race, age, national origin, religion, sex, creed, color, disability, sexual orientation, gender identity, pregnancy-related conditions, union membership, marital status 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.
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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 31 (c), 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 Employer guarantees 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.
B. Each Employer shall maintain one (1) list of employees by hire date and classification.
C. An employee shall lose their 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 their last known address by certified mail with a copy to the Union; ( 4) one (1) year of continuous lay-off; or (5) 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 are to be appointed by the Union from among the members of the
shop. 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:
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(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 them;
(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 the
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 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 closings the employees may choose to use their vacation days
within the last thirty (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.
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ARTICLE 13
VACATIONS
A. An employee who has been in the employ of the Employer for one (1) year or more, shall be
entitled to vacation with pay during the next year of employment as follows:
| YEARS OF SERVICE AS OFANNIVERSARY DATE | DAYS OF PAID VACATION | HOURS OF PAID VACATION |
| 1 | 5 | 40 |
| 2 | 7 | 56 |
| 3 | 8 | 64 |
| 4 | 10 | 80 |
| 5 | 11 | 88 |
| 67 | 1213 | 96104 |
| 8 | 14 | 112 |
| 9 | 15 | 120 |
| 10 | 16 | 128 |
| 15 | 19 | 152 |
| 20 | 20 | 160 |
| 25 | 21 | 168 |
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-RATA
(Example 1 – 9 years of service as of Anniversary Date)
| BASE | 260 DAYS |
| LESS VACATION | 15 DAYS |
| LESS SICK/PERSONAL | 7 DAYS |
| LESS HOLIDAYS | 11 DAYS |
| LESS SHOP CLOSINGS | 10 DAYS |
| 217 DAYS |
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| 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 | 19 DAYS |
| LESS SICK/PERSONAL | 7 DAYS |
| LESS HOLIDAYS | 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
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 (6) 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, they 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 their 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
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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 (1) 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. 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 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
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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-and-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 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 twenty-four (24) 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 twenty four (24) hours of the prior shift is 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.
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N. Overtime work will be distributed at management’s discretion based on the job
requirements. The decision to assign overtime will include a consideration of 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
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 President’s Day Memorial Day Independence Day Labor Day Columbus Day
Martin Luther King Day Thanksgiving Day Day after Thanksgiving Christmas Day Veterans Day
B. Only employees who have completed one year of service, including any trial period shall be
eligible for holiday pay.
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 Employer agrees 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.
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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.
Employers with Company Size under 100 employees (all employees not just bargaining unit size):
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.
Any employee who as of their anniversary date has at least two (2) years of Employer Seniority shall be entitled to forty (40) hours per year of sick leave.
Employers with Company Size 100 employees and over (all employees not just bargaining unit size):
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 fifty-six (56) hours per year.
Any employee who as of their anniversary date has at least two (2) years of Employer Seniority shall be entitled to fifty-six (56) hours per year of paid time off, representing five (5) sick days and two (2) personal days, to be used for any reason consistent with those permitted under the New York State Paid Sick Leave Law and NYC Earned Safe and Sick Time Act. Nothing in this provision should be interpreted to limit the use or availability of personal days.
H. Sick pay cannot be added to vacation time.
I. Sick and personal leave will be paid at the employee’s then current wage and benefit rate.
J. The parties agree that on an annual basis the paid leave benefits provided to 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 is hereby waived.
The parties further agree that the benefits provided under this Article are comparable to those provided for in the New York State Paid Sick Leave Law, New York Labor Law Section 196-b.
ARTICLE 17
WELFARE FUND
A. Effective June 1, 2024, the Employer shall contribute to the Metal Polishers Union Local 8A-
28A Welfare Fund (“the Fund”) $1,496.33 per month for each employee who worked during
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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 Employer and the Union agree that the minimum health and welfare contributions will be set as follows:
| June 1, 2024 June 1st 2025 June 1st 2026 June 1st 2027 June 1st 2028 | $1,496.33 per month$1,539.66 per month ( $0.25 per hour increase)$1,582.99 per month ( $0.25 per hour increase)$1,652.32 per month ( $0.40 per hour increase)$1,738.99 per month ($0.50 per hour increase) |
The Union will allocate increases to the Health Fund from the economic package each remaining contractual year. Such allocations shall be communicated to the Employer on or before May 1st of each year.
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, 2025, 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 Employer shall provide through its 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 Employer’s 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. By agreeing to make the required payments into the Metal Polishers Union Local 8A-28A
Welfare Fund, the Employer hereby adopts and shall be bound by the Agreement and
Declaration of Trust as it may be amended, and the rules and regulations adopted or
hereafter adopted by the Trustees of the Fund in connection with the provision and
administration of benefits and the collection of contributions.
E. The Employer 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 information as may be required for the proper and efficient administration
of the Fund.
F. The Employer’s contribution for each month shall be paid in full by the Employer to the
Fund by no later than the tenth (10th) of the following month.
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G. The Employer may discontinue their contributions at any time if the Fund is denied taxexempt status under Federal law, or if the contributions thereto are deemed nondeductible to the Employer for any reason whatsoever.
H. After the ninetieth (90th) day, a one-time waiting period for a “new hire employee(s)” into
the industry, the employer will contribute to the Funds as described in paragraphs “A” and
“D” above beginning on the 91st day of employment in the industry. However, if the new
employee has been employed by another Employer signatory to a Union CBA, within the
prior thirty (30) days, there shall be no waiting period for Fund contributions.
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-month period, the employee will be treated as a “new hire employee(s)” into the industry.
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.
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-24 |
| JOURNEYPERSON/SPRAYER | $4.00 per hour |
| MECHANIC | $3.60 per hour |
| ASSISTANT MECHANIC | $3.16 per hour |
The Union will allocate increases to the Retirement Fund from the economic package each remaining contractual year. Such allocations shall be communicated to the Employer on or before May 1 of each year.
B. The Employer’s 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.
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C. By agreeing to make the required payments into the Retirement Fund, the Employer hereby
adopts and shall be bound by the Agreement and Declaration of Trust as it may be
amended, and the rules and regulations adopted or hereafter adopted by the Trustees of
the Retirement Fund in connection with the provision and administration of benefits and
the collection of contributions.
D. The Employer shall furnish the Trustees of the Fund 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 Employer’s contribution for each month shall be paid in full by the Employer 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
tax-exempt status under Federal Law or if the contributions thereto are deemed nondeductible to the Employer for any reason whatsoever.
G. After the ninetieth (90th) day, a onetime waiting period for a “new hire employee(s)” into the
industry, the employer will contribute to the Funds as described in paragraph “A” above
beginning on the 91st day of employment in the industry. However, if the new employee has
been employed by another signatory Employer within the prior thirty (30) days, there shall
be no waiting period for Fund contributions. When employment is reinstated and layoff was
longer than a continuous 12-month period, the employee will be treated as a “new hire
employee(s)” into the industry.
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 Cooperation Initiative (LMCI) 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.
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2. The Employer hereby irrevocably designate 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 ten (10) 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.
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, 2025. 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 Employer in good condition, reasonable wear and tear expected.
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ARTICLE 21
NO COMPETING EMPLOYMENT
While in the employ of an Employer, no employee may 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. An employee who is temporarily laid off may seek work with another signatory employer.
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.
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
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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 suspensions that do not exceed six (6) months only.
ARTICLE 26
WAGES
A. The total wage and benefit funds increases for Journeypersons, Mechanics and Assistant
Mechanics shall be as follows:
JOURNEYPERSONS/SPRAYERS:
| June 1, 2024 | $1.60/hr-allocated as follows: $1.15/wage; $0.35/401(k); $0.10 (FTI) |
| June 1, 2025 | $1.65/hr – (minimum of $0.25 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2026 | $1.70/hr – (minimum of $0.25 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2027 | $1.90/hr – (minimum of $0.40 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2028 | $2.11/hr – (minimum of $0.50 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
MECHANICS
| June 1, 2024 | $1.44/hr-allocated as follows: $1.07/wage; $0.27/401(k); $0.10 (FTI) |
| June 1, 2025 | $1.48/hr – (minimum of $0.25 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2026 | $1.52/hr – (minimum of $0.25 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2027 | $1.70/hr – (minimum of $0.40 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2028 | $1.89/hr – (minimum of $0.50 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
ASSISTANT MECHANICS
| June 1, 2024 | $1.20/hr-allocated as follows: $0.79/wage; $0.31/401(k); $0.10 (FTI) |
| June 1, 2025 | $1.24/hr – (minimum of $0.25 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2026 | $1.28/hr – (minimum of $0.25 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2027 | $1.43/hr – (minimum of $0.40 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
| June 1, 2028 | $1.59/hr – (minimum of $0.50 to H&W and $0.10 to FTI and remainder to be allocated by the membership) |
B. Minimum rates of pay:
| CLASSIFICATION | EFFECTIVE JUNE 1, 2024 |
| JOURNEYPERSON/SPRAYER | $39.33 |
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| MECHANIC | $34.00 |
| ASSISTANT MECHANIC | $26.50 |
ASSISTANT MECHANIC IS ONE WHO HAS SUCCESSFULLY COMPLETED ALL TRAINING AND IS WAITING FOR NEXT CLASSIFICATION PLACEMENT OFFER.
The wages for Apprentices shall be as follows:
1st Year 2nd Year 3rd Year
| 50% of journeyperson wage only | 55% of journeyperson wage only | 60% of journeyperson wage only | |
| June 1, 2024 | $19.67 | $21.63 | $23.60 |
* The wages for Apprentices for the remaining contract years will be calculated based upon the allocation of the package in years 2025 – 2028.
The Union will allocate increases to the Wages from the economic package each remaining contractual year. Such allocations shall be communicated to the Employer on or before May 1 of each year.
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 thirtyfour (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:
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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 $1.60 per hour
▪ Mechanic $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 six (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.
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 Employer’s employ as of June 1, 2024 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 Employer 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.
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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.
ARTICLE 30
UNION RIGHTS
A. Notwithstanding anything to the contrary herein contained, the Employer 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
25
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 filing 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 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. Employees’ 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.
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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.
ARTICLE 33 DRUG & ALCOHOL TESTING
A. Acknowledgement – the Union and the Employer recognize that alcohol and substance use
disorders along with mental and emotional illness are treatable diseases and should be viewed as such. Treatment and benefits to facilitate this program will be given equal consideration as part of the Union/employees’ health benefits. The Union and the Employer 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 Employer to offset these issues. The Employer 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
alcohol-free workplace. Each party agrees that it will comply with any customer-mandated
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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, postincident, 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 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 Employer agrees 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.
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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 wage 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.
ARTICLE 35
EVASION OF AGREEMENT
A. The Employer shall not directly or indirectly, through any subsidiary, joint venture, 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.
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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 fund raising 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 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 Employer and current deposits are to remain in place. In addition, any Employer that are frequently delinquent with their payments may be required to deposit a new Surety Fee deposit at the discretion of the Union and/or the Fund Trustees.
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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.
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 Cooperation Initiative (LMCI).
| National Finishing Trade Institute (N-FTI) | Effective June 1, 2024 $0.13 per hour, per Journeyperson, Mechanic, and Assistant MechanicEffective June 1, 2024 $0.03 per hour, per ApprenticeEffective June 1, 2024 $0.03 per hour, per employee |
| Labor Management Cooperation Initiative |
B. The administrative dues check-off deductions 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 submitted to the Union; (Pursuant to the By-Laws of Local
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Union 8A-28A and/or District Council 9 and the International Union Constitution). The Employer 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 Lo 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 THE AGREEMENT
This Agreement shall be effective as of June 1, 2024 and shall continue in full force and effect until May 31, 2029. 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.
DISTRICT COUNCIL NO. 9, INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES,
AFL-CIO (METAL POLISHERS, PRODUCTION
AND NOVELTY WORKERS LOCAL UNION 8A- ____________________________________ 28A)
Name of Company
| ____________________________________ Officer Signature____________________________________ Print Name and Title of Officer | BY:______________________________________ |
| Date: ———————————————— |
____________________________________ Address
____________________________________ Telephone and Email Address
___________________________________ EIN
Date: