TRADE AGREEMENT
Between the
MASON TENDERS’
DISTRICT COUNCIL
OF GREATER NEW YORK
And
LABORERS LOCAL 78
OF THE LABORERS’ INTERNATIONAL UNION
OF NORTH AMERICA
And
LOCAL 12A ABATEMENT
OF THE INTERNATIONAL ASSOCIATION
OF HEAT AND FROST INSULATORS
AND ASBESTOS WORKERS
And the
EMPLOYER
EFFECTIVE on and after September 1, 2022
To June 30, 2025
2022-2025
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AGREEMENT
This Collective Bargaining Agreement (hereinafter “Agreement”) is entered into by and between the
undersigned EMPLOYER (hereinafter “Employer”) and the MASON TENDERS’ DISTRICT COUNCIL OF
GREATER NEW YORK, affiliated with the Laborers International Union of North America, for itself and its
constituent Local Union Number 78 (hereinafter “Mason Tenders”) of the Laborers’ International Union of
North America and LOCAL 12A ABATEMENT of the International Association of Heat and Frost Insulators
and Asbestos Workers (“Asbestos Workers”) (hereinafter collectively the “Unions”).
.
ARTICLE I
Section 1—Exclusive Bargaining Representative
a. The Employer recognizes the Unions as the exclusive collective bargaining agent for
all employees covered by this Agreement.
b. The Employer agrees that, upon the Unions’ presentation of evidence of majority status
among employees in the bargaining unit, the Employer will voluntarily recognize the Unions as the exclusive
bargaining agent pursuant to section 9(a) of the National Labor Relations Act for all employees within the
bargaining unit.
Section 2—Scope of Agreement
a. This Agreement shall apply and is limited to all removal or abatement of asbestos, lead,
hazardous or toxic waste, hazardous or toxic materials, mold, biochemical remediation, HVAC, and duct
cleaning, as defined in Article IV in the five boroughs of New York City, Nassau County and Suffolk County.
ARTICLE II
Section 1—Subcontractors
The Employer agrees that it will not subcontract “on site” bargaining unit work as defined in
Article IV unless the Employer receiving the subcontract agrees to be bound by the terms of this Agreement
and/or has an Agreement with the Unions having jurisdiction over such work under Article IV of this
Agreement. When the Employer subcontracts any such work, the Employer shall be responsible for the
subcontractor complying with all provisions of the Agreement. Any Employer who subcontracts any such
work shall be responsible for the payment of wages, fringe benefit fund contributions, and working dues
checkoffs by such subcontractor. The Employer and the Unions hereby agree to the elimination of lumping.
Section 2—Affiliates and Subsidiaries
This Agreement shall be binding on the signatory parties hereto and shall apply to the parents,
affiliates, subsidiaries, alter egos, single employers, joint employers, or other ventures of the Employer.
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Section 3—Transfer of Ownership
If the Employer or any of the Employer’s owners forms, acquires or maintains by purchase,
merger or otherwise, a significant ownership interest or significant control in another company performing
bargaining unit work as defined in Article IV of this Agreement, this Agreement shall cover such other
company’s bargaining unit work, and the employees of such other company performing bargaining unit work
shall be considered an accretion to the bargaining unit.
Section 4—No Circumventing of Wages & Benefits
The Employer agrees that it will not subcontract any work covered by this Agreement in order
to circumvent the payment of wages and fringe benefits and the working conditions provided for in this
Agreement.
Section 5—Liability of Affiliates
If the Employer or any of the Employer’s owners forms, acquires or maintains by purchase,
merger or otherwise, a significant ownership interest or significant control in another company performing
bargaining unit work as defined in Article IV of this Agreement, this Agreement shall cover such other
company’s bargaining unit work, and the Employer and such other company shall be jointly and severally
liable for each other’s obligations under this and all other agreements with the Unions.
Section 6—Work Covered
In order to protect and preserve, for the Handlers covered by this Agreement, all work
heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and
preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work
set forth in Article IV of this Agreement, under its own name or under the name of another, as a person,
company, corporation, partnership, or any other business entity, including joint venture and sole
proprietorship, wherein the Employer exercises either directly or indirectly any significant degree of
ownership, management or control, the terms and conditions of this Agreement shall be applicable to all such
work: (a) where the two enterprises have substantially identical management, business purpose, operation,
equipment, customers, supervision and/or ownership; or (b) where there exists between the Employer and
such other business entity, interrelation of operations, common management, centralized control of labor
relations and/or common ownership. In determining the existence of the aforementioned criteria, the presence
of the requisite control or commonality at any level of management shall be deemed to satisfy those criteria.
Should the Employer establish or maintain such other entity within the meaning of this Section,
the Employer is under an affirmative obligation to notify the Unions of the existence and nature of the work
performed by such other entity and the nature and extent of its relationship to the Employer.
ARTICLE III
Section 1—Union Membership
a. It shall be a condition of employment that all employees of the Employer who perform
work covered by Article IV of this Agreement shall become or remain members in good standing of the
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Union with jurisdiction over such work or shall pay uniform initiation and agency fees on or after the eighth
day following the date of execution of this Agreement, or after the eighth day following the beginning of
covered employment. The Unions agrees that the Employer will not be requested to discharge an employee
for reasons other than such employee’s failure to tender the periodic dues or fees uniformly required.
b. The Local Unions shall have the right to collect a reasonable fee for inclusion on the
roster of eligible laborers from all persons who are not members in good standing of the Union or are not
tendering uniform initiation and agency fees uniformly required. Said fee shall be collected to cover the
reasonable cost of maintaining the roster of eligible laborers. At the earliest date permitted by law, a person
who has paid said fee to be included on the roster of eligible laborers and is referred to an Employer shall
tender to the Union upon acceptance for employment by the Employer the uniform initiation and agency fees
uniformly required.
c. The Employer agrees to discharge, upon receiving seven days’ written notice, signed by
the Secretary-Treasurer of the Union, any employee with respect to whom such notice may state that such
employee has failed to tender uniform initiation and agency fees uniformly required, provided that said
written notice is also provided to said employee and that said employee has not paid the required initiation
and agency fees within seven days of the date of the written notice.
Section 2—Request for Handlers
a. Whenever an Employer requires employees to perform work covered by this
Agreement on any job, the Employer shall notify the Hiring Hall, either by telephone or in writing (on a form
to be supplied by the Union to all signatory Employers), stating the job location and the job start date and start
time, and the number and type of employees required.
b. Except as provided below, at the request of an Employer or his agent, the Hiring Halls
shall refer to the Employer any individual requested by name who is on that Union’s out of work list or any
individual who has previously worked for the Employer and is requested by name and is on that Union’s outof-work list and shall provide such individual with a dispatch slip without regard to where such individuals
are placed on the out of work list or whether they on the out-of work-list. The preceding notwithstanding:
i. on any job on which the Mason Tenders provide 80% of the Handlers for the Project
as required in Article IV, the Seventh Handler, and every fifth Handler thereafter (i.e. the 12th, the 17th and so
on), shall be an apprentice participating in the JATC administered program referred to in Article XIV, Section
1 (an “Apprentice”). The Employer shall further have the option of requesting that the 5th Handler and every
5th Handler thereafter (i.e. the 10th, the 15th and so on) also be an Apprentice. An illustration of such ratio is
attached as Schedule B (1) hereto.
ii. on any job on which Local 12A provides 80% of the Handlers for the Project as
required in Article IV, if Local 12A maintains an apprenticeship program, the seventh and every fifth Handler
thereafter (i.e. the 12th, the 17th and so on) shall be an apprentice participating in such program (a “Local 12A
Apprentice”). The Employer shall further have the option of requesting that the 5th Handler and every 5th
Handler thereafter (i.e. the 10th, the 15th, and so on) also be a Local 12A Apprentice. An illustration of such
ratio is attached as Schedule B (2) hereto.
c. In the event that a Hiring Hall is unable to fill any request for employees within fortyeight (48) hours after the request is made by the Employer, the Employer may employ individuals from any
other available source. The Employer shall inform the appropriate Union of the name and social security
number of any individuals hired from other sources and shall refer the individuals to the Hiring Hall for
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dispatch to the Employer. In the event a Union is unable to fill any request for Handlers on a timely basis and
such request is filled by the alternative Union, the Handlers provided by the alternative Union shall stay on
that job until discharged by the Employer. All future hiring on that job shall be divided by the original 80% –
20% ratio and no hirings or terminations shall be required to rebalance the ratio for the duration of the job.
d. The Employer shall have the absolute right to reject any job applicant or applicants
referred by the Unions in writing, with the exception of the Shop Steward, who can only be rejected in
compliance with the provisions of subsection 3(b) of this Article. In the event of such rejection, the Union
with jurisdiction over such work will refer another applicant or applicants to the Employer.
e. In the event that any applicable statute is enacted or any decision rendered by a court or
administrative agency having jurisdiction thereof, which statute or decision permits union security or hiring
provisions more favorable to the Unions than those contained herein, then the parties agree that this
Agreement shall be deemed amended so as to give the Unions the maximum benefits permitted by such
statute or decision.
Section 3—Handlers Qualifications
a. Any Handler referred or dispatched to an Employer shall not be entitled to commence
work unless such Handler is qualified and brings with him at the time he reports to work copies of the
following documents, which shall be given to the Employer at the time the Handler reports to work:(A) all
current licenses or certificates required to perform the work to which the Handler has been referred together
with documentation of the history of such license and any pertinent training certificates; and (B)
documentation of a current physical examination. No Handler an Employer employs shall have his pay
delayed or denied because of the Employer’s failure to collect the above referenced or any other legally or
contractually required documentation from the employee.
b. An Employer may reject any referral for any reason, with the exception of the Shop
Steward, who may not be rejected or discharged without written consent from the Union.
c. The employer acknowledges that Local 78 has implemented a Mandatory
Apprenticeship Program pursuant to which all Handlers on any job shall either be credited as Journeymen by
the Joint Apprentice Training Committee (“JATC”) or designated and enrolled as Apprentices in the JATC–
administered program. The Employer hereby agrees to abide by all rules and regulations and amendments
thereto, of Local 78 and the JATC concerning the implementation and maintenance of the Mandatory
Apprenticeship Program.
Section 4—Job Referral System
a. The job referral system set forth in this Article will be operated in a non-discriminatory
manner and in full compliance with Federal, state, and local laws and regulations which require equal
employment opportunities and non-discrimination, and shall not be affected in any way by the rules,
regulations, by-laws, constitutional provisions or any other aspects or obligations of union membership,
policies or requirements. All of the foregoing hiring procedures, including related practices affecting
apprenticeship and training, will be operated so as to facilitate the ability of the Employer to meet any and all
equal employment opportunity/affirmative action obligations.
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b. On jobs where the Employer has failed to notify the Unions, or on which it has otherwise
failed to employ, or maintain in employment, a shop steward appointed by the applicable Union, it shall be
liable in a grievance (payable to members of the bargaining unit as reasonably allocated by the Union) for an
amount equal to the pay and benefits for all hours worked by Handlers on the site in violation of Section 2
above, and shall further be obligated to immediately employ on the job, a Shop Steward and other Handlers
sufficient to prospectively remedy the violation. The preceding shall not be construed as limiting the Union’’
right to strike as elsewhere provided in the Agreement.
ARTICLE IV
Section 1- Jurisdiction
The parties recognize the exclusive jurisdiction of the Unions over the removal, abatement,
encapsulation or decontamination of asbestos, lead, mold, or other toxic or hazardous waste, hazardous
materials which work shall include, but not be limited to: biochemical remediation, HVAC, duct cleaning, respray fireproofing; the erection, moving, servicing, operation, and dismantling of all enclosures, scaffolding,
barricades, decons, negative air machines; vacuum trucks, blasting equipment, chemicals and chemical
applying equipment, and any other tools, equipment or materials used in the removal, abatement,
encapsulation or decontamination of such waste or materials, as well as the servicing and operation of tools,
and performance of all work related to the sorting, labeling, bagging, cartoning, crating, packaging and
movement of such waste or materials for disposal; the movement and/or transportation and disposal of such
waste or materials to any authorized disposal site; the clean up of the work site and all other work and standby time incidental to the removal, abatement, encapsulation or decontamination of such waste or materials;
and the performance of fire watch duties.
Section 2 – Referral Procedures
a. Where work described in Section 1 above is performed within the five (5) boroughs of
New York City, or Nassau or Suffolk County on Long Island, jurisdiction over such work shall be divided as
follows: on all jobs the Mason Tenders shall provide 80% of the Handlers and the Asbestos Workers shall
provide 20% of the Handlers; provided that on industrial or Con Edison projects that solely involve the
removal of insulation materials from mechanical systems (e.g., pipes, boilers, ducts, flues and/or breechings)
that are not going to be scrapped, the Mason Tenders shall provide 20% of the Handlers for the project and the
Asbestos Workers shall provide 80% of the Handlers for the project as long as the applicable union is able to
refer sufficient numbers of qualified Handlers on a timely basis.
b. Whenever used in this Article, or elsewhere in the Agreement, the 80%-20% ratio for
the provision of Handlers on a job site where the Mason Tenders provide 80% of the Handlers shall be
observed as specified in Schedule B(1). The 80%-20% ratio for the provision of Handlers on a job site where
the Asbestos Workers provide 80% of the Handlers shall be observed as specified in Schedule B(2).
Section 2- Meaning of Handler
The term “Handler” as used in this Agreement includes all employees who perform work as
described in this Article IV of this Agreement.
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ARTICLE V
Except as expressly limited by other provisions of this Agreement, the Employer retains the
sole right: to manage the affairs of its business; to select foremen; to assign and schedule work; to increase or
decrease the work force and to lay off employees due to lack of work and other legitimate reasons, and to
select employees to be laid off, provided that the Shop Steward will be the last Handler laid off; to assign and
change the work, duties and job functions of specific Handlers, provided that the Employer does not interfere
with the ability of Shop Stewards to carry out their proper functions as Shop Stewards; to determine the
qualifications and competency of Handlers; to determine the number of hours to be worked; to discontinue or
close down, temporarily or permanently, in whole or in part, the operations of its business or to sell part or all
of such business or operations; and to determine the number of employees assigned to any particular job or
task.
ARTICLE VI
Section 1—Shift Scheduling
The Employer shall have the right to schedule shifts, days and hours of work and daily starting
and quitting times for Handlers, except as otherwise provided in this Agreement.
Section 2—Workweek & Workday
The workweek will start on Monday and conclude on Saturday. Employees shall be paid for all
time that it is reasonably necessary for them to be on the site in order to fulfill their job duties and
responsibilities, and any such other time as they are under the direction of the Employer.
Section 3—Shift Differential Pay
There shall be no shift differential pay.
Section 4—Overtime
a. Overtime shall be defined as all hours worked in excess of eight hours per day or forty
hours per week. In addition, overtime shall include all work performed on Sundays. Overtime shall be paid at
the rate of one and one-half times the Handler’s regular straight-time rate of pay.
b. There will be no restriction on the Employer’s scheduling of overtime. Overtime shall
be offered to Handlers then currently performing the work scheduled for overtime on the job site. The
Handlers may reject such offers of overtime without being subject to discipline. The Employer can require
Handlers to work overtime in the event of an emergency. The Employers can require specific Handlers to
work overtime to complete a specific task on which they are working. No Handler shall be required to work
more than 14 hours in any one day.
c. All work performed between midnight (of the prior day) and midnight on the following
holidays shall be paid at the rate of one and one-half the Handler’s regular straight-time rate of pay.
New Year’s Day
Good Friday
Easter
Memorial Day
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Independence Day
Labor Day
Thanksgiving Day
Christmas
Section 5- Lunch Break
There shall be a half-hour lunch break commencing no later than the completion of the fifth
hour of work for Handlers. Adequate time shall be provided during the lunch break for Handlers to follow
procedures for leaving and re-entering the containment area to allow for no less than thirty minutes of break
time for each Handler outside the containment area. Handlers working a shift of more than 12 hours shall
receive an additional one-half hour unpaid meal period, approximately at the mid-point of the second half of
their shifts. Within the limits described herein, the Employer may, at its discretion, stagger lunch periods to
allow Handlers time to clean up. For among other remedies, the Unions shall have the right to withdraw labor
in the event the Employer fails to supply a lunch break for Handlers as required herein.
Section 6—Reporting Pay
a. If the Employer requests Handlers to report on any day and such Handlers report for
work on that day at the designated time with the requisite respirator and paperwork, as described in Article III,
Section 3, but are not put to work, then such Handlers shall be entitled to two hours’ reporting pay at their
regular straight time rate of pay, except in circumstances beyond the Employer’s control, or unless the
Handler had been informed not to report, had failed to comply with subparagraph d below of this Section 6, or
was sent home for misconduct.
b. If the Employer requests employees to report on any day, and such employees report
for work on that day at the designated starting time with the requisite respirator and paperwork, as described
in Article III, Section 4 (Hiring Hall), and are put to work, but work fewer than four (4) hours, then such
employees shall be entitled to four hours’ reporting pay at their regular straight time rate of pay, except in
circumstances beyond the Employer’s control, or unless the employee was sent home for misconduct. If an
employee works six or more hours, but not in excess of eight hours, he shall be compensated as if he worked
eight hours. The preceding shall not apply to handlers who fail to report on-time for their required shift, or
who leave the job by their own choice prior to the Employer concluding the shift.
c. Whenever reporting pay is provided for Handlers, they will be required to remain at the
work site available for such time as they receive such pay, unless released earlier by the principal supervisor
of the Employer at the work site or his designated representative.
d. Each Handler shall furnish his Employer with his current address and telephone
number, and shall promptly report any changes in each to the Employer.
Section 7—Guarantee of Availability
Except as provided in Section 6 above, it is understood and agreed that neither the provisions
of this Article nor any other provisions of this Agreement are to be considered a guarantee of the availability
in a workweek of any particular number of days or hours of work or pay for any Handler.
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ARTICLE VII
Section 1—Wage Rates
a. Wage rates for Handlers shall be in accordance with Schedule A annexed to this
Agreement.
b. The wage rate for Foremen shall be $2.00 per hour above the prescribed rate for
Handlers.
c The Unions, in their sole and absolute discretion, reserve the right to allocate or
reallocate any wage rates or fringe benefit contribution rates set forth in Schedule A, as long as uniformly
applied under this Agreement.
Section 2—Rebates and/or gratuities
The Employer, Handlers or the agents of either shall not accept or give directly or indirectly,
any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to any person
for the purpose of affecting any change in rate of wages. The Employer or its representatives shall not be
permitted to give any advance in wages to Handlers, nor shall they be permitted to lend money to Handlers.
Section 3—Discretionary Merit Increases
Nothing contained in this Agreement shall be construed so as to limit in any way the right of
the Employers to grant discretionary merit increases in the hourly wage rates paid employees covered by this
Agreement, provided that the Employer will advise the Union of the name of each employee who is receiving
such an increase and the amount of such increase, and provided further that such increases will not be revoked
prior to completion of the applicable phase of the project.
Section 4—Form of Payment
a. All Handlers covered by this Agreement may be paid by check and shall be paid no
later than the end of the work shift on Friday.
b. Any employee who is discharged or laid off shall be paid on the regularly scheduled
payday for that week. Notification of layoff shall be at the Employer’s discretion, but given not later than the
end of the work shift on the date the layoff is to be effective. Such notification may be oral.
c. In the event that any paycheck issued by the Employer is not honored, the Employer
shall be required to pay all its Handlers with certified checks.
Section 5—Late Payment
In the event the Employer fails to pay an employee in the manner, and on the date and time
required above, it shall be liable as liquidated damages to the employee in the amount of $50 (fifty dollars)
per calendar day for every calendar day, or portion thereof, for which the payment is delayed.
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ARTICLE VIII
Section 1—Union Dues
The Employer shall deduct the sums per hour set forth in Schedule A as designated by the
applicable Union, or such other amount as may be later designated by the Union, as dues from the wages of
all employees covered by this Agreement who authorize such deduction in writing; it shall then promptly pay
over such sums to the Union or its designated agent for collection not later than the end of the week following
the week in which said deduction was made.
Section 2—Welfare Fund
a. Effective for the period September 1, 2022 to June 30, 2025, and subject to the Union’s
right to allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the
Trustees of the applicable Welfare Fund the hourly rate specified in Schedule A for all hours worked by the
employees covered by this Agreement.
b. Contributions to the Welfare Funds shall be for the purpose of providing benefits for
death, accident, health, medical and surgical care, hospitalization and other such forms of group benefits for
employees covered by this Agreement, their spouses, and their eligible children, as the Trustees may, in their
sole and absolute discretion, determine and, in addition, out of said monies the Trustees of the Welfare Funds
shall provide coverage to conform with the New York State Disability Insurance Law for all employees
covered by this Agreement for the period of this Agreement, the cost of which shall be borne by such Welfare
Fund. It is the intention of the parties that no contributions shall be required on the premium portion of
wages, i.e. contributions shall be based upon hours worked and not upon wages paid.
c. Welfare coverage shall also be provided for all eligible employees of the Union and the
Fringe Benefit Funds, provided contributions are made to the Funds by their employers on their behalves in
amounts no less than are paid by Employers covered by this Agreement.
Section 3—Pension Fund
a. Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’
right to allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the
Trustees of the applicable Pension Fund the hourly rate specified in Schedule A for all hours worked by
employees covered by this Agreement.
b. Contributions to the Pension Fund shall be utilized for the purpose of providing pension
and other benefits for the eligible employees covered by this Agreement as the Trustees may, in their sole and
absolute discretion, determine. It is the intention of the parties that no contributions shall be required on the
premium portion of wages, i.e., contributions shall be based upon hours worked and not upon wages paid.
c. Pension coverage shall also be provided for all eligible employees of the Union and the
Fringe Benefit Funds provided contributions are made to the Funds by their employers on their behalves in
amounts no less than are paid by Employers covered by this Agreement.
Section 4—Annuity Fund
a. Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’
right to allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the
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Trustees of the applicable Annuity Fund the hourly rate specified in Schedule A for all hours worked by
employees covered by this Agreement.
b. Contributions to the Annuity Fund shall be utilized for the purpose of providing annuity
and other benefits to eligible employees covered by this Agreement as the Trustees may, in their sole and
absolute discretion, determine. It is the intention of the parties that no contributions shall be required on the
premium portion of wages, i.e., contributions shall be based upon hours worked and not upon wages paid.
c. Annuity Fund coverage shall also be provided for all eligible employees of the Union
and the Fringe Benefit Funds, provided contributions are made to the Fund by their employers on their
behalves in amounts no less than are paid by Employers covered by this Agreement.
Section 5—Training Fund
a. Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’
right to allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the
Trustees of the Mason Tenders District Council Training Fund the hourly rate specified in Schedule A for all
hours worked by employees covered by this Agreement.
b. Contributions to the Training Fund shall be used for the purpose of providing education
and training in the handling of asbestos, lead, toxic and hazardous waste and materials. It is the intention of
the parties that no contributions shall be required on the premium portion of wages, i.e., contributions shall be
based upon hours worked and not upon wages paid.
Section 6—Vacation Account
Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’ right to
allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the
authorized agent of the Vacation Account of the Mason Tenders District Council Welfare Fund the hourly
rate specified in Schedule A for all hours by employees covered by this Agreement. It is the intention of
the parties that no contributions shall be required on the premium portion of wages, i.e., contributions
shall be based upon hours worked and not upon wages paid.
Section 7—GNY LECET
Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’ right to
allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the authorized
agent of the Greater New York Laborers Employers Cooperation and Education Trust Fund the hourly rate
specified in Schedule A for all hours worked by employees represented by the Mason Tenders. It is the
intention of the parties that no contributions shall be required on the premium portion of wages, i.e.,
contributions shall be based upon hours worked and not upon wages paid.
Section 8—State LECET
Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’ right to
allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the authorized
agent of the New York State Laborers Employers Cooperation and Education Trust Fund the hourly rate
specified in Schedule A for all hours worked by employees represented by the Mason Tenders. It is the
intention of the parties that no contributions shall be required on the premium portion of wages, i.e.,
contributions shall be based upon hours worked and not upon wages paid.
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Section 9—Health and Safety Fund
Effective for the period September 1, 2022 to June 30, 2025, and subject to the Unions’ right to
allocate/reallocate future increases as provided in Article VII, the Employer shall pay weekly to the authorized
agent of the New York State Health and Safety Trust the hourly rate specified in Schedule A for all hours
worked by Handlers. It is the intention of the parties that no contributions shall be required on the premium
portion of wages, i.e., contributions shall be based upon hours worked and not upon wages paid.
Section 10—MTDC PAC
The Employer agrees to deduct and transmit to the Mason Tenders District Council Political Action
Committee (“MTDC PAC”) $0.20 for each hour worked, or such other amount as the Mason Tenders may
subsequently designate, from the wages of those employees represented by the Mason Tenders who have
voluntarily authorized such contributions on the forms provided for that purpose by the Union. All
transmittals shall be accompanied by a list of the names of those employees for whom such deductions have
been made, and the amount deducted for each such employee.
Section 11—Industry Advancement Fund
The Employer will contribute $0.50 per hour (plus whatever amount that the ECA may thereafter selfassess) for each hour of employment of Handlers directly to the Environmental Contractors Association
Industry Advancement Fund (“IAF”), which amount shall increase in the same amount as any increase in the
hourly contribution for employers required under the collective bargaining agreement between the
Environmental Contractors Association (“ECA”) and the Union. The Union shall have no obligation or
responsibility for the collection of these contributions. If, at the sole discretion of the Mason Tenders Fringe
Benefit Funds, such monies are collected by such Funds for forwarding to the IAF, an administrative fee will
be collected by the Funds for such services. Monies contributed to the IAF shall not be used against or for any
purposes adverse to the interests of the Union.
Section 12—Administration of Joint Benefits
All Fringe Benefit Funds provided for by this Agreement shall be jointly administered by employer
and union appointed Trustees in accordance with applicable law.
Section 13—Posting a Bond
a. The Employer shall post and maintain a bond to ensure payment of contributions to the
Mason Tenders Fringe Benefit Funds set forth in this Article of the Agreement, remittance of dues checkoffs
to the Union and contributions to the Mason Tenders District Council PAC. The minimum amount of the
bond shall be fifty thousand dollars ($50,000).
b. In the event a deficiency should be determined by an audit of the Employer’s books and
records, the Union in its sole and absolute discretion may require the Employer to post and maintain an
additional bond in the amount of twice the audited deficiency within 60 days of receiving notice from the
Union of the requirement to post and maintain such a bond.
c. In lieu of a bond or as a supplement to a bond, the Employer may, at the sole discretion
and upon the sole consent of the Trustees of the Trust Funds set forth in this Article, furnish cash and/or
collateral alternatives in satisfaction of this bonding requirement. The Union, may, in its absolute discretion,
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require an additional increase in the amount of the bond posted by the Employer.
d. Each joint venturer shall furnish the Union with a rider from its respective surety
company, confirming that its respective Bond protects the Union and the Trust Funds set forth in this Article
of the Agreement during the period of the joint venture.
e. In the event the Trustees receive payment either on a bond or through forfeiture of a
certificate of deposit or collateral alternative under this Section 12 and said payment is insufficient to satisfy
the entire deficiency in the payment of contributions to the Fringe Benefit Funds set forth in this Article of the
Agreement, in remittance of dues checkoffs to the Union, and contributions to the Mason Tenders District
Council PAC, then the Trustees shall make a pro rata payment to each of the Fringe Benefit Funds set forth in
this Article of the Agreement and to the Union and the PAC in an amount equivalent to the percentage of the
total deficiency received by the Trustees through forfeiture of the bond or the certificate of deposit or
collateral alternative.
Section 14 – Books and Records of the Employer
a. The books and records of the Employer shall be made available at all reasonable times
for inspection and audit by the accountants or other representatives of the Fringe Benefit Funds set forth in
this Article of the Agreement and/or by representatives of the Union, including, without limitation, all payroll
sheets, W-2 forms, New York State Employment Reports, Insurance Company Reports and supporting
checks, ledgers, general ledger, cash disbursement ledger, vouchers, 1099 forms, evidence of unemployment
insurance contributions, payroll tax deductions, disability insurance premiums, certification of workers
compensation coverage, and any other items concerning payroll(s). In addition, the aforementioned books
and records of any affiliate, subsidiary, alter ego, joint venture, successor or related company of the Employer
shall also be made available at all reasonable times for inspection and audit by the accountants of the Fringe
Benefit Funds set forth in this Article of the Agreement, and/or by representatives of the Union. The
Employer shall retain, for a minimum period of six years or such time as required by law, whichever is
greater, payroll and related records necessary for the conduct of a proper audit in order that a duly designated
representative of the Trustees may make periodic review to confirm that contributions owed pursuant to this
Agreement are paid in full, and/or that the Union may confirm the employer’s compliance with the terms of
this Agreement.
b. In the event, after the Trustees have made a reasonable request and provided proper and
timely notice to the Employer, the Employer fails to produce its books and records necessary for a proper
audit, the Trustees, in their sole discretion, may determine that the Employer’s weekly hours subject to
contributions for each month of the requested audit period are the highest number of employee hours for any
month during the twelve months’ audited, or during the last twelve months for which reports were filed,
whichever weekly number of hours is greater. Such determination by the Trustees shall constitute
presumptive evidence of delinquency. Prior to making such determination, the Trustees shall mail a final
seven-day written notice to the Employer advising him that such determination shall be made if the Employer
does not schedule a prompt audit.
Nothing herein shall mean that the Funds relinquish their right to commence legal proceedings
to compel an examination of the Employer’s books and records for audit.
c. If after an audit of its books and records the Employer is found to be substantially
delinquent, as defined herein, in the payment of fringe benefit contributions to the Trust Funds set forth in this
Article of the Agreement, the Employer shall bear the imputed cost of the audit as set forth below, or the
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actual cost of the audit, whichever is less. The “imputed cost of the audit” is equal to:
total audited deficiency X number of months audited = imputed cost of audit
150
Substantially delinquent is defined as any deficiency in the payment of fringe benefit contributions to the
Trust Funds set forth in this Article of the Agreement in excess of 10% of the fringe benefit contributions paid
to the Trust Funds set forth in this Article of the Agreement during the period that is the subject of the audit.
In the event the Trust Funds set forth in this Article of the Agreement bring an action to recover the imputed
costs of audit, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in
bringing said action.
d. In the event that the Employer fails to produce the books and records necessary for an
audit as set forth in subsection 13(a) of this Article of the Agreement, the Employer agrees to pay a penalty of
$400.00. In the event the Fringe Benefit Funds bring and prevail in an action to obtain an audit of said
Employer’s books and records, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees
incurred in bringing said action.
e. If after an audit of its books and records the Employer is found to be delinquent in the
payment of fringe benefit contributions to the Fringe Benefit Funds then the Employer shall pay, in addition
to the delinquent fringe benefit contributions, interest on the unpaid amounts from the date due until the date
of payment at the rate prescribed under section 6621 of Title 26 of the United States Code. In the event the
Fringe Benefit Funds bring an action to recover the interest on delinquent fringe benefit contributions, the
Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.
f. In the event that formal proceedings are instituted by the Trustees before a court of
competent jurisdiction or arbitrator to collect delinquent contributions to such Fund or interest, and if such
court/arbitrator renders a judgment/award in favor of such Fund, the Employer shall pay to such Fund, in
accordance with the judgment/award, and in lieu of any other liquidated damages, costs, attorney’s fees and/or
interest, the following:
(A) the unpaid contributions.
| (B) | interest on unpaid or untimely paid contributions determined by using the rate prescribed under section 6621 of Title 26 of the United States Code. |
| (C) | an amount equal to the aforesaid interest on the unpaid contributions as and for liquidated damages. |
(D) reasonable attorneys’ fees and costs of the action.
(E) such other legal or equitable relief as the court/arbitrator deems appropriate.
g. The Employer hereby agrees that in the event any payment to the Union or to the
Fringe Benefit Funds by check or other negotiable instrument results in the check or negotiable instrument
being returned without payment after being duly presented, the Employer shall be liable for additional
damages in the amount of $250.00 to cover such additional costs, charge and expenses. Nothing herein is
intended, nor shall be interpreted, to mean that the Fringe Benefit Funds or Union waive any other liquidated
damages.
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h. The Employer agrees to and shall be bound by all terms and conditions of the Trust
Agreements creating the Fringe Benefit Funds and by any rules, regulations, By-Laws or plan documents
adopted by the Trustees of the Funds, as they may be amended by time to time, to regulate said Funds,
including, but not limited to the Trust Funds’ arbitration procedures for allegedly delinquent contributions
and/or inability to conduct an audit.
Section 15—Employer’s Payments
The Employers’ payments under this Article VIII shall be made weekly and shall be payable
on or before the Friday following the completion of the work week. Whenever any Employer is in arrears on
any payments under this Article VIII, the Unions shall have the right to remove Handlers from such
Employer’s jobs until the Employer is current in all payments due, provided that twenty-four hours written
notice is delivered to the Employer at the last provided address of the Employer.
ARTICLE IX
Section 1—Working Environment
The Employer recognizes its responsibilities to provide a safe and healthful working
environment for Handlers. The Employer shall use its best efforts to achieve these objectives. The Employer
will enforce all rules and regulations relating to safety issues that are adopted, promulgated or issued by the
Occupational Safety and Health Administration, the New York Department of Environmental Conservation,
or any other federal, state or municipal body having jurisdiction over the work performed by the Employer
and its employees. The Employer will specifically provide potable water and cups, as well as toilet facilities
adequate and sufficient to accommodate the workforce on the job. Handlers shall be provided adequate paid
time to access the drinking water in a safe manner consistent with applicable regulations.
Section 2—Working Equipment
a. The Employer shall supply each Handler with proper safety and disposable clothing,
and filters for respirators. The Employer will provide all Handlers with a respirator when the job to which a
Handler has been referred requires use of a respirator.
b. Handlers shall acknowledge receipt of said respirator by signing a receipt containing
the serial number of the respirator.
Section 3—Equipment Requirements
Respirators, masks and all other equipment used in the removal of asbestos, lead and other
toxic and hazardous materials must meet the requirements of the regulations governing the industry.
Section 4—Working Tools
Except as set forth in Section 2 of this Article, the Employer shall supply all tools on the job
required in performing the work covered by this Agreement.
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Section 5—Shower Facilities
The Employer will provide shower facilities with hot water. The Employer shall ensure the
proper decontamination of all workers and provide sufficient paid time to do so. This shall include at least 3
minutes in the shower for each worker.
Section 6—Licenses and Certificates
The Employer and all Handlers working under this Agreement shall possess the requisite
licenses and certifications for the particular type of work they are performing and toxic material they are
handling.
Section 7—Hazardous Communication Program (HCP)
A Hazardous Communication Program (HCP) will be developed that adopts the OSHA
Standards regarding hazardous materials in the workplace, and the Mason Tenders’ right to know the contents
and safe handling procedures of such materials. (OSHA Standard 1910.1200 Hazard Communication)
Section 8—Physical Examination
Before entering the employ of the Employer, each Handler must pass a physical examination
by a physician designated by the Union. Each Handler is required to be and to remain physically fit to
perform said Handler’s job satisfactorily.
Section 9—On-the-Job Inquiries
Handlers shall immediately notify their supervisor when injured on the job.
Section 10—Elevators for Handlers
In buildings thirteen stories in height or over, in the event there is elevator service available, an
elevator shall be provided to carry Handlers to and from their work during regular hours of employment.
Consideration shall be given to Handlers working on higher stories if elevator service is not maintained, and a
reasonable time shall be allowed to and from work.
Section 11 – Joint Safety Initiative
The Employer acknowledges and agrees that it is bound by Memorandum Regarding
Health and Safety Initiative entered into between the ECA and the Mason Tenders, as well as any
amendments or modifications to such agreement entered into and between the ECA and Mason Tenders
(the “Safety Initiative”). The Employer further agrees to respect the rights of the Shop Steward provided
under the Safety Initiative, including, but not limited to, providing the Shop Steward access to all areas of
the job site and otherwise allowing him/her to perform the functions set forth in the Safety Initiative and
this Agreement.
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Section 12—Other Leave Laws
The provisions of the administrative code of the city of New York, Title 20 Chapter 8 (Earned Sick
Time Act) and those of New York State Labor Law 196-b (Paid Sick Leave), in relation to the provisions of
sick time earned by employees covered by this Agreement, are expressly waived by the parties to this
collective bargaining agreement because comparable benefits are already provided in this Agreement.
ARTICLE X
Section 1—Shop Stewards
a. Where Handlers are employed on a job, the Union providing 80% of the Handlers shall
designate one working Handler as a Shop Steward for each shift who shall be the second person on the job
(after the Foreman), and shall notify the Employer in writing of the identity of the designated Shop Steward
prior to that person’s assumption of the duties as Shop Steward. Where there are overlapping shifts, each shift
shall have its own Shop Steward and each Shop Steward shall be responsible for that Shop Steward’s own
shift only. Each Shop Steward shall perform the shop steward duties as such with the least possible
inconvenience to the Employer. A Shop Steward is to work as a Handler and shall not use the position as
Shop Steward to avoid performance of the duties of a working Handler. Such designated Shop Stewards shall
not exercise any supervisory functions. There will be no non-working Shop Stewards.
b. The Shop Steward shall have the right to stop dry removal and any other work if the
ventilation is insufficient.
c. The Shop Steward will be included in the process of keeping the decontamination unit
operational.
d. The Shop Steward shall perform the duties of a Shop Steward at the beginning and end
of each shift, except in the event of an emergency that places a Handler’s health or safety at risk. At both the
beginning and the end of the each shift, the Shop Steward’s time shall be provided (and, of course, paid for) at
a minimum ten (10) minutes, plus two additional minutes for every Handler after the fifth on the site, to
perform his non-emergency duties. In addition to working as a Handler, the Shop Steward shall have the right
to receive complaints or grievances and to discuss and assist in the adjustment of the same with the Handler’s
appropriate supervisor. Each Shop Steward shall be concerned with the Handlers of the Shop Steward’s shift
and not with the Handlers of any other shift or Employer. The Employer will not discriminate against the
Shop Steward in the proper performance of the Shop Steward’s union duties.
e. When an Employer has multiple, non-contiguous work locations on the site, the
Employer must have the Union providing 80% of the Handlers appoint additional working Shop Stewards to
provide independent coverage of such locations.
f. Shop Stewards shall not have the right to determine when overtime shall be worked or
who shall work overtime.
g. The Employer shall not recognize any Union representative or Shop Steward of whom
it has not been informed in writing.
h. The Shop Steward shall be the second Handler hired, the first Handler offered overtime
work, and the last Handler to be laid off at the completion of a project.
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i. Shop Stewards may stop working or leave their work areas to investigate grievances
without authorization from their supervisor. The investigation and presentation of grievances shall be
transacted in as short a time as possible and shall not interfere with the operations of the Employer.
j. If the Shop Steward is discharged, the Shop Steward shall at once be reinstated until the
matter is brought before the Union and the decision of the Union shall control, and if any time has been lost,
the Shop Steward shall be paid for all lost time. The Shop Steward is to work up to the completion of the job
and shall be the last Handler to be laid off.
k. The term “Shop Steward” as used in this Agreement shall mean those Handlers who
have been trained and hold a current certification by the Union to serve as shop stewards.
Section 2—Foremen
The selection of Foremen and the number of Foremen required shall be the responsibility of the
Employer. Foremen shall be designated as working foremen at the discretion of the Employer. Foremen shall
take their direction from the Employer’s supervisor, and Handlers shall take their direction from the Foremen
or any authorized supervisor. There shall be no restriction on the right of a supervisor to perform work
covered by this agreement where such work is (i) of a incidental nature, (ii) necessary to the safety of the
work or the Handlers, (iii) performed in connection with the instruction or training of unit employees, or (iv)
required due to an emergency or circumstances beyond the Employer’s control.
Section 3—Fire Watch Duty
Shop Stewards and Foremen shall not be required for any Handler performing fire watch duty.
Section 4—Union Representatives at the Jobsite
The Business Agent, Business Manager or other designated representative of the Unions shall
have the right to visit and go upon the Employer’s jobs during working hours for the sole purpose of
administering this Agreement, provided that the Union representative (i) shall have all required licenses or
certificates to enter upon the job site, (ii) shall report to and advise the Employer’s supervisor of his visit upon
his arrival at the job site and (iii) shall not unreasonably interfere with the Employer’s operations. The
Employer shall not unreasonably interfere with such Union representatives in the proper performance of their
duties.
ARTICLE XI
Section 1–Lockouts
The Employer guarantees that there will be no lockouts for any reason during the term of this
Agreement, the Unions guarantees that there will be no strikes during the term of this Agreement except:
a. Where the Employer, at the same job site, contracts or subcontracts work covered by
this Agreement to any other person, firm, partnership, corporation or joint venture that is not bound by an
Agreement with the Unions.
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b. Where any of the workers engaged on a construction job perform work covered by this
Agreement, without receiving compensation equivalent to that provided for Handlers under this Agreement.
c. When a Union concludes that the Handlers on any job have not been paid, are being
paid less than the rate of wages prescribed in this Agreement, or the Employer is in arrears on fringe benefit
contributions payable to the Trust Funds set forth in Article VIII of this Agreement, in the remittance of dues
checkoffs to the Unions, or in contributions to the Mason Tenders District Council PAC as prescribed in this
Agreement or in any modification of this Agreement, as hereinafter provided.
d. When a Union concludes that an Employer has failed to permit review of its books and
records for purposes of conducting an audit as required under the Agreement, or has failed to post and
maintain a bond in the amount and in the manner under the Agreement.
e. If any union establishes a lawful primary picket line.
f. If the Employer terminates a Shop Steward without the written consent of the
applicable Union, or otherwise fails to allow a Shop Steward to perform his duties as provided under this
Agreement.
g. If the Employer fails to provide timely notice to the Union that it is working at a jobsite
or fails to request and employ Handlers from the Hiring Hall as required under the Agreement.
h. When a Union concludes that the Employer has violated the rights of the Union or an
employee under Section 7 of the National Labor Relations Act, or has required an employee to work under
dangerous or unsafe conditions.
Section 2—Unauthorized Strikes
The Union shall not be responsible for any unauthorized strike or its results.
Section 3—Damage Awards
The parties to this Agreement agree that no damages of any kind or nature shall be awarded or
allowed against the Union or any officer or member thereof by reason of the withdrawal of men from a job as
permitted herein.
Section 4—Employee’s Refusal to Enter Jobsite
It shall not be a violation of this Agreement or cause for discharge or disciplinary action for an
employee to refuse to enter upon any job site involved in a primary labor dispute, or refuse to cross or work
behind a lawful primary picket line established by any union.
ARTICLE XII
The Union may submit disputes arising between the parties involving questions of
interpretation or application of any clause of this Agreement (or a previous Agreement to which the Employer
was subject) as a grievance under the following rules, except as excluded or limited below.
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a) Grievance Steps.
Step 1: The Employer or his representative shall confer with a representative of the applicable
Union and attempt to adjust the grievance between them on a job level basis. The parties shall endeavor to
meet within 48 hours of the time the dispute becomes known to them.
Step 2: Upon receipt of notification from the Local Union describing the nature of the
grievance, the Employer shall either fully and finally resolve the matter or respond in writing within 10
business days stating the reasons why the grievance is disputed. Failure to so respond shall be deemed
acknowledgment of the violation stated in the Step 2 notice from the Local Union.
Step 3: If the matter is not resolved at Step 2, the Union may appeal the dispute to arbitration,
by written notice to the Employer.
b) Arbitration. An arbitrator shall be selected from the following rotating panel (in the
order in which they herein appear): Joseph A. Harris and Richard Adelman. At the Union’s discretion,
multiple claims may be heard simultaneously as part of a single consolidated case. Except as specified in
subsections (f) and (g) below, the parties shall share equally the arbitrator’s fee, the cost, if any, of a hearing
room, and the cost, if requested by either party, of translation and/or court reporter services. The Union
reserves the right to add to, delete from, or modify the order or composition of the arbitration panel by
providing notice via certified mail return receipt requested to the Employer. Any such change shall be
deemed effective upon the expiration of ten business days following the Employer’s receipt of such notice at
its last provided address, unless notice of the Employer’s objection to such change is forwarded to the Union
by similar means and received within the referenced ten-day period.
c) Investigations and Witnesses. The Union, in the investigation and/or arbitration of a
dispute, may subpoena witnesses and by written request procure the books, records and any other documents
of the Employer the Union deems relevant to the investigation or prosecution of the case. The Union shall
have the right to demand the production of such records, at any time whether or not a dispute exists, as well as
to demand the production of any of the records specified in Article VIII Section 13 (a) above. In addition to
any other remedies, the Union shall have the right, on five days written notice to the Employer, to withdraw
Handlers from the jobs of any Employer that fails to provide information to the Union required herein.
d) Presumptions. In all cases in which the Union proves that an individual or individuals
performed work within the jurisdiction of the Union for any period of time, it shall be presumed absent clear
and convincing proof to the contrary that all work performed by such individual or individuals fell within the
jurisdiction of the Union. It shall be presumed absent clear and convincing proof to the contrary that no thirdparty entity that is not engaged in construction as its primary business purpose is responsible for the
subcontract of work occurring at a site. Further, an adverse inference shall be drawn from any failure by the
Employer to timely produce documents required to be provided to the Union in subparagraph c above.
e) Right to Strike. No provision of this grievance and arbitration procedure, nor the
submission of a dispute for resolution through these procedures or in federal court shall in any way waive,
impair, prejudice or otherwise limit the rights of the Unions to strike as permitted under this Agreement.
f) General Remedies. The arbitrator shall have authority to award damages, back-pay,
and/or injunctive relief. If the Employer is found to have violated any of the provisions of this Agreement
pertaining to hours, wages or fringe benefits, it shall be required to furnish the Union and Fringe Benefit
Funds with a surety bond, in an amount determined by the arbitrator, guaranteeing the payment of all wages
20
and fringe benefits provided by this Agreement. In any case in which the Employer is found to have failed to
pay wages due, or failed to remit dues owed to the Union or contributions owed to the MTDCPAC, the award
shall include: 1) interest at the prime rate on the day of the award plus two percent, running from the date of
the violation; 2) attorneys’ fees and expenses (including arbitral fees and expenses) incurred by the Union in
pursuing the award; 3) the full cost of the arbitrator’s fees; and 4) such remedies and penalties as would be
available in claims brought under Article 6 of the New York State Labor Laws and/or the Fair Labor
Standards Act, if the substantive elements for obtaining additional relief under either or both of those laws is
established. The right provided herein to obtain remedies under the New York State Labor Laws and the Fair
Labor Standards Act shall not impair the Union or employee’s rights to bring suit under such statutes if such
relief is not pursued through this arbitration process.
g) Fringe Benefit Contribution Claims (Other Remedies and Issues). The Union shall have
the right in any proceeding seeking the payment of fringe benefit contributions to enforce all amounts due to
the Funds under this Agreement, including but not limited to those remedies specified in Article VIII, Section
13 (f) above, as well as the full cost of the arbitration and the arbitrator’s fees. Neither this arbitration
procedure nor the submission of a dispute to arbitration, or final disposition of an arbitration, however, shall
impair, waive, prejudice or otherwise affect the rights of the Funds to sue and recover for all amounts due
under this Agreement, including but not limited to those remedies specified in Article VIII, Section 13(f)
above, ERISA and the Funds’ governing documents. The proceedings provided for in this Article need not be
exhausted as a condition precedent to the Funds commencing any suit available to it.
h) Status of Certain Issues. Any and all claims alleging a violation of any of the
prohibitions contained in this Agreement regarding the subcontracting of work and/or the establishment or
maintenance by the employer, its officers or principals of other business entities, including but not limited to
alleged violations of Article II, and Article XV, Sections 6 and 7 of this Agreement, as well as claims, in
whole or part, seeking dues, wages, fringe benefit and/or MTDC PAC contributions shall be subject to
decision either under this Article, or in federal court, at the discretion of the Union. The filing and/or
prosecution of a case in federal court shall likewise not impair the right to strike as otherwise set forth in this
Agreement.
i) Compliance. Any decision of the arbitrator shall be final and binding upon the parties
and shall be complied with by the Employer within five days of the issuance of the award. In addition to all
other rights to withdraw laborers as provided in this Agreement, should any Employer fail to comply with
such decision, the Union shall have the right to remove Handlers from such Employer’s jobs until the
Employer fully complies with the award.
ARTICLE XIII
Section 1—Discrimination by Employer
The Employer and the Union agree there will be no discrimination in any manner prohibited by
law against any employee or applicant for employment, with respect to race, creed, color, national origin, sex,
age, disability, union membership, concerted activity, citizenship status, marital status, or sexual orientation,
in all employment decisions, including but not limited to recruitment, referral, hiring, compensation, training
and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination, and all
other terms and conditions of employment.
21
Section 2—Mutual Cooperation
The Employer and the Unions agree to cooperate in the equal non-discriminatory application of
this Agreement and to cooperate in dealing with such discrimination, should it occur. The Employer agrees
that it will not tolerate sexual, racial or other discriminatory harassment in the workplace. Handlers may bring
complaints of a violation of this Article to either the Employer or the Union without retaliation.
ARTICLE XIV
Section 1—JATC
a. There shall be a Joint Apprenticeship Training Committee (“JATC”) charged with
direction of the Apprentices.
b. The JATC shall consist of three (3) representatives of Employers in the industry and
three (3) representatives of the Union, and it shall administer and supervise the apprenticeship provision of
this Agreement, and be responsible for all apprentices and all conditions affecting apprentices.
Section 2—Apprentice Wages
a. The hourly total of the wages and fringe benefit contributions due to and on behalf of
Apprentices shall not exceed the hourly total due to and on behalf of Local 78 Journeyworkers.
| b. of this Agreement. |
The Employer shall contribute to the Benefit Funds at the rate set forth in Article VIII |
Section 3—Apprentice Coverage
Except as specifically provided for in this Amendment, Apprentices will be subject to the
provisions of the Agreement between the Union and the Employer.
Section 4—Employers and JATC
The Employer agrees to and shall be bound by all terms and conditions of the JATC documents
creating the JATC and by any rules or by-laws adopted by the JATC, as they may be amended from time to
time. To the extent that the JATC documents contradict the terms of this Agreement, the terms of the JATC
documents shall be fully incorporated herein and the JATC document shall control.
Section 5—Apprentice Safety Equipment
The Employer agrees to supply all Apprentices with all safety equipment including full and
half-face respirators, filters for respirators, disposable clothing and any other tools which may be required to
perform his or her duties.
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ARTICLE XV
Section 1—Legality of Agreement
a. It is agreed by and between the parties hereto that if any Federal or State Court shall at
any time decide that any clause or clauses of this Agreement is or are void or illegal, such decision shall not
invalidate the other portions of this Agreement, which shall be considered binding between the parties hereto.
The provision[s] deemed void or illegal shall be considered retroactively replaced by whatever lawful
substitute provision provides the most comparable rights and/or protection to the Unions and Handlers; a
proposed version of which, if forwarded by the Union, shall be binding on the Employer.
b. Any provisions of the Agreement hereinabove mentioned which provide for union
security or employment in a manner and to an extent prohibited by any law or the determination of any
Governmental Board or Agency, shall be and hereby are of no force or effect during the term of any such
prohibition. It is understood and agreed, however, that if any of the provisions of the Agreement which are
hereby declared to be of no force or effect because of restrictions imposed by laws is or are determined either
by Act of Congress or other legislative enactment or by a decision of the Court of highest recourse to be legal
or permissible, then any such provision of the said Agreement shall immediately become and remain effective
during the remainder of the term of this Agreement.
Section 2—Mutual Efforts to Increase Production
The Employer and the Unions agree that their efforts will be employed in the public interest to
increase production, and reduce costs by maintaining maximum man rate output, and by using all machinery,
tools, appliances, methods or technologies which may be practicable.
Section 3—Good Faith
The Employer and the Unions obligate themselves to live up to all the provisions of this Trade
Agreement in good faith.
Section 4 — Continuation of Agreement
All of the terms, covenants and conditions of the Agreement, and without limitation, the
specific provisions of this section, shall be applicable for the duration, and during the entire term of the
Agreement, regardless of any change in the status of the Employer, as for example, the Employer joining,
during the term of the Agreement, an employer association.
Section 5—Failure to Require Strict Performance
The failure of either party to this Agreement to require strict performance of any of its rights
under, or of any of the terms of conditions contained in, this Agreement shall not be deemed a waiver,
modification or abandonment of any of the rights or remedies provided herein, nor shall it be deemed a
waiver, modification or abandonment of its rights to insist upon strict performance of all the terms and
conditions of this Agreement thereafter.
Section 6–Subcontracting
When the Employer subcontracts or sublets any “on site” work of any type or kind whatsoever
23
coming within the jurisdiction of the Unions, the Employer shall be responsible for the subcontractor
complying with all provisions of the Agreement. If the Employer subcontracts or sublets any work of any
type or kind whatsoever coming within the jurisdiction of the applicable Union, the Employer shall be
responsible for the payment of wages, contributions to the applicable Trust Funds, working dues check-offs,
and contributions to the Mason Tenders District Council PAC by such subcontractor.
Section 7—Employer’s Successors and Assigns
a. This Agreement shall apply to and bind the Employer, its successors and assigns, including
any entity constituting a continuation or substantial continuation of all or part of the Employer’s operations
covered by this Agreement, whether resulting from a merger, consolidation, sale, purchase, reorganization,
restructuring or other transaction (a “Successor”).
b. The Employer and all other persons or entities related to the Employer who are bound by
this Agreement agree that they will not enter into any agreement or arrangement inconsistent with this Section
7 or that would otherwise establish or create a Successor that has not assumed all obligations and
responsibilities of the Employer under this Agreement.
c. The Employer further agrees to provide the Unions no fewer than thirty (30) day-notice in
advance of the consummation of any transaction that would create a successor, including financial details
subject to reasonable confidentiality restrictions.
d. The Employer agrees that the Agreement will run to and for the benefit of any other
corporation or other entity which may now or hereafter exist or be formed in which the Employer may
have any interest or control, and which performs, or materially controls the performance of, work covered
by this Agreement.
ARTICLE XVI
Section 1—Life of the Agreement
This Trade Agreement shall become effective and binding upon the parties hereto on the 1st
day of September 2022, and remain in effect through June 30, 2025, and shall renew from year to year
thereafter unless either party hereto shall give written notice to the other of its desire to modify, amend, or
terminate this Agreement on its expiration date. Such notice must be given in writing by certified mail,
postage prepaid, sixty days, but not more than ninety days, before the expiration date of this Agreement.
Section 2—Change of Name
This Agreement shall be binding on the parties, regardless of any change of name by the
Mason Tenders District Council or changes in the composition of its constituent local Union. This Agreement
shall be enforceable by the Employer, the Unions, their successors, the Fringe Benefit Funds, and any
constituent local so authorized by the Mason Tenders District Council of Greater New York or its successor.
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Section 3—Other Agreement
If the Mason Tenders and any Employer Association or other Employer in agreement with that Union
further modify their existing Agreement or enters into a new Agreement with respect to wages, hours, work
included, or fringe benefits, or any other provision or side letter of the Agreement, the undersigned Employer
shall be bound, at the request of the Mason Tenders, to such modification.
Section 4—Execution of the Agreement
The parties hereto have caused this Agreement to be signed this day and year by their duly
authorized officers and represent to each other that they were duly authorized to enter into this Agreement.
The person signing on behalf of the Employer also agrees to be personally bound by and to assume all
obligations of the Employer provided in this Agreement and said person warrants and represents that said
person has authority to bind the Employer and the principals or members thereof.
Signed by all parties hereto as of September 1, 2022, at New York, New York.
Print Firm Name
Street Address
City, State, Zip Code
( )
Area Code Telephone Number
( )
Area Code Fax Number
______________________
E-Mail
Federal Tax ID Number
_ _
D.O.L. Asbestos Certificate Number
Signature (in his/her personal and representative capacities)
Print Name and Title
Dated:____________
25
THE MASON TENDERS DISTRICT COUNCIL
OF GREATER NEW YORK
| By:__________________________ Mike Hellstrom, Business Manager |
Dated:_________________ |
LOCAL 12A ABATEMENT OF THE
INTERNATIONAL ASSOCIATION OF
HEAT AND FROST INSULATORS
AND ASBESTOS WORKERS
| By: Jaime Soto |
Dated:_________________ |
Business Manager & Secretary Treasurer
26
SCHEDULE A
To the 2022 – 2025 Trade Agreement
Between the Employer, Mason Tenders’ District Council of Greater New York and
Local 12A Abatement of the International Association of Heat and Frost Insulators
and Asbestos Workers.
(a) Effective September 1, 2022, wages for Handlers represented by the Mason Tenders shall be
$38.05/hr; subject to the Union’s right to allocate and/or reallocate set forth in Article VII of the Agreement.
Wages shall increase by $1.50 per hour effective January 1, 2023, by a further $1.50 per hour effective
January 1, 2024, and by a further $1.50/per hour effective January 1, 2025 (in all cases to be allocated by the
Mason Tenders as set forth in Article VIII of the Agreement). The Employer further agrees to increase wages
and/or benefits in the same amounts and at such times as may be agreed upon by and between the Mason
Tenders District Council of Greater New York and the Environmental Contractors Association. Any such
increments shall be allocated and/or reallocated by the Mason Tenders District Council to either wages or to
Fringe Benefit Contributions as set forth in Article VII of the Agreement
(c) Effective September 1, 2022, wages for Handlers represented by the Asbestos Workers shall be
$46.50/hour; subject to the Union’s right to allocate and/or reallocate set forth in Article VII of the
Agreement. Wages shall increase by $1.50 per hour effective January 1, 2023, by a further $1.50 per hour
effective January 1, 2024, and by a further $1.50/per hour effective January 1, 2025 (in all cases to be
allocated by the Asbestos Workers as set forth in Article VIII of the Agreement). The Employer further agrees
to increase wages and/or benefits in the same amounts and at such times as may be agreed upon by and
between the Local 12A Abatement of the International Association of Heat and Frost Insulators and the
Environmental Contractors Association. Any such increments shall be allocated and/or reallocated by Local
12 A to either wages or to Fringe Benefit Contributions as set forth in Article VII of the Agreement
| 2. | Fringe Benefit Fund Contributions |
| (a) | For the period September 1, 2022, through June 30, 2025, subject to the Unions’ right of |
allocation and reallocation set forth in Article VII of the Agreement, dues check off and Fringe Benefit Fund
contributions to the Mason Tender Fringe Benefit Funds shall be made for Handlers represented by the Mason
Tenders, as follows:
1. Pension Fund: $2.76/hr
2. Welfare Fund: $12.49/hr
3. Annuity Fund: $4.00/hr
4. Training Fund: $0.25/hr
5. Vacation Account: $.50/hr
5. GNY LECET Fund: $.20/hr
6. New York State Health and Safety Trust Fund: $0.10/hr
7. New York State Laborers Employers Cooperation and Education Trust Fund: $0.05/hr
8. Dues Checkoff: $2.76/hr (deducted from wages)
9. MTDC PAC: $.20/hr (deducted from wages
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(b) Commencing September 1, 2022, through June 30, 2025, subject to the Unions’ right of
allocation and reallocation set forth in Article VII of the Trade Agreement, dues check off and Fringe Benefit
contributions to the Local 12A Fringe Benefit Funds shall be made for Handlers represented by the Asbestos
Workers, as follows:
1. Welfare $4.00/hr
2. Annuity $5.60/hr
3. Education $0.85/hr
4. Industrial Fund $0.25/hr
5. Building Fund $.70/hr
6. Vacation Fund $6.00/hr (deducted from wages)
7. Dues Checkoff $3.50/hr (deducted from wages)