MEMORANDUM OF AGREEMENT
BETWEEN
THE DISTRICT COUNCIL OF CARPENTERS OF NEW YORK AND VICINITY¬
MARINE DIVER AND MARINE TENDER AGREEMENT
AND
THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC.
1. If the Employer hires a Diver to work as a Diver, and, through no fault of the Diver, the Diver
is unable to dive on their first day of employment, they will be paid the diver pay rate for that
day only. If the diver cannot dive on subsequent days, and the Diver and Employee mutually
agree the Diver will be paid at the Dockbulder rate.
2. A Marine Diver may serve as a Marine Diver Tender. Marine Divers shall be paid at the
Marine Diver’s rate of wage for any shift during which he or she enters the water while
employed as a Marine Diver Tender.
3. Each Marine Diver in the water shall have a dedicated Diver Tender.
4. Designated Person in Charge (DPIC) – As per O.S.H.A. regulations, there will be one (1)
DPIC, appointed by the Employer on each job site.
5. All Divers and Diver Tenders must be qualified to operate all life supporting equipment,
when applicable, as per O.S.H.A. requirements.
6. Varying Shift Commencement: It is understood and agreed that, because of certain ordinances
and contractual obligations placed upon the contractor by the owner governing certain
operations, shift hours will be arranged to conform with such requirements, and such shift work
will be paid for at the single time rate in conformity with the terms contained in this Agreement.
It is agreed that on tide work, the Employer can start his or her job according to tide schedules,
providing the eight-hour shift starts and ends between the hours of 5:00 a.m. and 6:30 p.m. A
Diver cannot work more than eight hours in a calendar day, unless it is a tide work start time
adjustment or it is determined as overtime.
7. Modify reimbursement for loss of helmet and wetsuit to be limited to the market value when
purchased. At the time of hire, the Diver shall provide the Employer with a receipt or other
verification that establishes the market value of the equipment if the Employer asks employee to
furnish the receipt.
8. Divers shall furnish their own knives, harnesses and bailout bottles.
Initialed By: 5a
2
9. In order to receive the diver rental payment, the Diver’s gear must be in working order and
must be current with all O.S.H.A. regulations prior to showing up on the job. If there are other
requirements, then they will be mutually agreed upon at the time of employment by the union
and the Employer.
10. When the Diver uses his or her own equipment, the Employer shall inspect the certifications
at the time of hire, and shall pay the gear rental payment to the Diver. All Divers must provide
current certifications from an accredited independent testing facility that the Diver-provided
equipment meets all applicable O.S.H.A. diving standards. All certifications must be obtained
on the Divers’ own time.
11. All Divers and Tenders shall maintain all gear and equipment related to their diving
operations.
12. The Employer is responsible for all consumables (i.e. gas, oil and diesel). In addition,
bailout bottles will be filled by the diver or the Employer with reimbursement of the air charging
fee to be paid by the Employer if diver is required to fill it.
13. The Diver renting the gear must be the Diver utilizing the gear. If the gear is used by two
separate divers in the same shift, it will only be paid for once by the Employer.
14. The Employer will keep a copy of the health and safety manual on the job site for employees
to view on the company’s time
15. Update Mixed Gas Dive Depth rates to:
| 0-74 ft. 75- 125 ft. 126-200 ft. |
No depth rate $1.00/ft./day from and over depths of 75 ft. $2.00/ft./day from and over depths of 126 feet |
| On depths over 200 feet rate will be negotiated between the diver and the Employer. | |
| 16. | Update Penetration Rates- (each category will be raised $0.50/foot/day) |
126 feet to 200 feet: $1-XlO/feot $1.50/foot
201 feet to 275 feet: $1.25/foot $1.75/foot
276 feet to 350 feet: SEWfeot $2.00/foot
351 feet to 425 feet: $2r00/feet $2.50/foot
17. After a Diver has completed a decompression dive, he or she will not be required to perform
heavy dock building gang work on that said day.
18. Make an addendum later to discuss on define the issues of offshore work and Diver
apprentices. This discussion will take place with the Association, the Employers, Dive
Committee and the District Council.
Initialed By: TH,
3
19. All local 1556 dive team members will show up on job site O.S.H.A. compliant except
where otherwise described differently in this agreement. Any other regulations or requirements
will be the responsibility of the contractor. The Employer, prior to the start of the job, shall meet
with union and the District Council Business Representative to discuss certifications and how to
obtain them prior to the start of the job.
The New York City & Vicinity
District Council of Carpenters
The General Contractors
Association Of New York, Inc.
By:
Denise M. Richardson
Managing Director
Dated: ckdii
By:
Stephen C. McInnis
Executive Secretary-Treasurer ProTem