Table of contents page number section i (a) recognition of the union and of the employers responsibility 1 (b) association recognition and security 2 section ii general conditions applicable to all types of work and all employees 3 (a) employment practices 3 (b) membership requirements 6 (c) probationary employees 7 (d) joint apprenticeship committee 10 (e) holidays 12 (f) health plan and pension plan 14 (g) thyssenkrupp sections 15 (h) names communications rules 16 (i) earned sick time waiver 17 section iii-employer rights 18 section iv (a) expiration date 18 (b) work day and week 18 (c) work hours 18 (d) rates 18 (e) overtime 19 (f) flex start 19 (g) mic 19 (h) wage effective date 19 (i) reporting time 20 (j) annuity fund 20 (k) education fund 21 (l) local no.1 education and training fund 23 section v- composite crews 24 section vi- arbitration 25 section vii- employee grievances 28 section viii- strikes and lockouts 28 section ix- complete agreement 29 appendix a-wages 30-33 appendix b-thyssenkrupp sections 34 appendix c- letter of understanding 51 appendix d- substance abuse policy 56 rights of employees 62 1 this agreement, made this seventeenth day of march 2020 by and between hoisting and scaffolding trade association, inc. (a multi-employer association, hereinafter referred to as association or employer), and local no. 1, international union of elevator constructors, (hereinafter referred to as union), as follows: the association and the union desire to enter into a collective bargaining agreement renewing the collective bargaining agreements which various members of association have with union and to incorporate in said collective bargaining agreement relevant portions of the collective bargaining agreement between union and thyssenkrupp elevator corporation march 17, 2005 and renewed effective march 17, 2009. Section i a. Recognition of union and of employers responsibility the association recognizes the union as the exclusive bargaining representative for all elevator constructor mechanics in the employ of the employer members of the association engaged in construction work for that area within a radius of 50 miles of city hall of the city of new york, except monmouth county, new jersey, but including all of long island. 2 the union recognizes that it is the responsibility of the employer to maintain the highest degree of operating efficiency and to continually improve the design, tools and methods of manufacture and assembly of equipment to obtain better quality, reliability and cost. The above-stated responsibility and objectives are not intended to effect the work jurisdiction provisions set forth in this collective bargaining agreement. B. Association recognition and security the union recognizes the association as the exclusive collective bargaining representative of all members of the association. The association represents that it is duly authorized by its members employing elevator constructors to enter into this collective bargaining agreement, that in so doing it is authorized to bind such members to the terms and conditions of this agreement for the full term of this agreement, that it will require, as a condition of membership in said association, that such employer members of the association shall continue to be bound by such terms or, shall upon admission to the said association, after the date of execution of this agreement, agree to be bound from that date forward by all the terms and conditions of this agreement. 3 no modification, variation or waiver of any term or provision herein shall be valid unless agreed upon in writing by both the association and the union. Section ii general conditions applicable to all types of work and all employees a. Employment practices the employer and the union mutually agree that they will comply and cooperate with all federal, state and/or local laws, codes, rules and ordinances prohibiting discrimination based on race, genetic information, creed, color, veteran status, sex, national origin or age, sexual orientation, marital status, citizenship status or disability. 1. The union shall establish, maintain and keep current an open employment list for the employment of workers competent and physically fit to perform the duties required. Such list shall be established, maintained and kept current on a non-discriminatory basis and shall not be based on or in any way affected by union membership, union by-laws, rules, regulations or constitutional provisions or any other aspect or obligation of union membership, policies or requirements. 4 2. Whenever desiring to employ workers covered by this agreement, the employer shall call the union and the union shall promptly refer to the employer, but in no event later than 72 hours exclusive of saturdays and sundays, workers who are believed to be competent and physically fit to perform the duties needed by the employer. The employer shall have the right to reject for good cause any workers referred to it by the union. The application of this provision shall be subject to arbitration under section ix of this agreement. If the union fails to refer qualified and competent workers within the specified period, the employer may obtain workmen from any available labor source. 3. The employer shall have the right to assign any shop employee to perform any work-in the field solely on the condition that the employer first calls his regular elevator constructor journeymen and the union for available employees. The union will advise the employer within one half hour after receiving such call of the availability of elevator journeymen to be referred to the employer. If no competent or qualified elevator constructor journeymen are available to respond to the employers call for referral, the employer shall have the right to assign a shop employee to perform such work. If the union office is closed, the employer shall first call its regular elevator constructor journeymen to perform the work. Elevator constructor journeymen who are off duty when called shall be paid from the time they leave for the assignment, including travel time to and from the job and time on the job. 5 4. The union shall refer to the employer only workers whose names appear on the open employment list and in so doing shall be governed by the following criteria: a. If the employer requests by name from the open employment list a worker, other than a probationary employee, who has had previous employment with the employer within the past two (2) years, that worker shall be referred by the union to the employer unless the worker is then working for another company or is unwilling to accept employment with the employer. B. If the employer does not request that a particular worker be referred to it to fill a particular vacancy as provided in sub-paragraph (a), above, the referral shall be by classes and priorities in the following order: first: workers competent and experienced in the performance of work of their classification and who have had employment experience, other than probationary employees, with any company party to this agreement. The order of referral within this class of worker, known as experienced class, shall be in the order of registration of the applicants on the employment list. Second: workers competent and able to perform the work in the classification to be filled but who have no previous employment experience with any company party to this agreement. The order of referral within this class of workmen, shall be in the order of registration of the applicants on the employment list. 6 5. The term employer shall refer to the particular company requesting an employee. 6. Whenever an employer decides to reduce its work force on any job, it shall select the employees to be retained on the basis of competency, ability to perform the available work and length of all prior service with the employer. The employer reserves the right to transfer employees to and from job sites except that no employee shall be transferred to a job site for the sole purpose of layoff from that job site. The application of this provision shall be subject to arbitration under section ix of this agreement. 7. All employment practice provisions are to be posted in the union hall and in the employers personnel office. 8. The employer shall employ at least (1) one full time local one iuec member to be assigned as a service journeyman, when (5) five temporary elevators or less are in service. When 6 or more temporary elevators are in service at least (2) two full time local one iuec members will be employed as service journeymen. B. Membership requirements all employees covered by this agreement shall, as a condition of employment, apply for membership in the union on or after the 30th following the beginning of their employment, or the executed date of this agreement, whichever is later. 7 the employer shall be obligated under this section to terminate the employment of any employee who fails to obtain or maintain membership in the union as required by this section, upon receipt of written request for such termination from the union; except that the employer shall have the right to refuse such request if there are reasonable grounds for believing (a) that such membership is not available to the employee on the same terms and conditions generally applicable to other members, or (b) that membership has been denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership. C. Probationary employees 1. A newly-hired employee without previous industry experience shall be classified as a probationary apprentice and shall work as a probationary employee for a period or periods totaling twelve (12) months within the aggregate period of not more than eighteen (18) months. The employer and the union shall have the privilege of reviewing the ability and performance of probationary apprentices during this twelve (12) month period. If they agree that the apprentice during this probationary period does not display sufficient aptitude to become a first year apprentice he/she shall be discharged at any time during the probationary period as stated above. 8 2. Probationary apprentices earn appendix a benefits and shall advance from the fifty (50) percent wage rate to the first year apprentices wage rate upon completion of six (6) months work under this program in the elevator industry provided such probationary apprentices have worked a minimum of one hundred (100) hours in each thirty (30) day period during the six (6) to nine (9) month probationary period. The first year apprentice wage rate shall be effective at the beginning of the next weekly pay period following completion of the probationary period. 3. It is understood that probationary apprentices during the probationary period above set out may be discharged or laid off at any time with or without cause and no reason need be assigned therefore, and no such discharge shall be grounds for a grievance. The probationary period may be worked with more than one employer provided such employer has a labor contract with the iuec, and the period of twelve (12) months probation work may cover an aggregate period of not more than eighteen (18) months. A month shall be deemed worked when the probationary apprentice completes one hundred (100) hours in any thirty (30) day period. 4. Probationary apprentices who have not worked a minimum of one hundred (100) hours in each of six thirty (30) day periods during a six (6) to nine (9) month probationary period shall be laid off before experienced apprentices. 9 5. Probationary apprentices as defined above, shall be paid fifty percent (50%) of the appendix a wage rate of this agreement. 6. Following completion of the probationary period, apprentices who have an industry hire date of july 1, 1996 or later shall be compensated in the following manner: end of the probationary period to completion of an additional six (6) month period: 50% of the maintenance/service mechanics rate as set forth in appendix a of this agreement. Additionally, contributions to all benefit plans shall commence upon completion of the probationary period. Probationary apprentice…….50% first year apprentice…………50% second year apprentice……..55% third year apprentice……….65% fourth year apprentice………75% a newly hired employee without previous industry experience entering the industry through sources as referred to in section ii paragraph (a) of the emany agreement will be classified as a probationary apprentice and receive the rate of pay and status of a probationary apprentice until such time as the jac can evaluate the experience of the probationary apprentice. 10 (d) joint apprenticeship committee it is mutually agreed that a joint apprenticeship committee (jac), consisting of three (3) representatives from emany and three (3) representatives from the local union will be selected and empowered to process all existing apprentices and applications of employment of new hires into the apprenticeship program. This committee will continually review the status of each apprentice until he/she successfully completes the required courses of study mandated to achieve the status of journeyman. All actions performed by the jac shall be governed by all applicable hiring rules or terms and conditions set forth in the emany collective bargaining agreement and as mandated by the ny & nj state apprenticeship hiring standards. In the event of a conflict, the collective bargaining agreement will prevail. It shall be the duty of the jac to conduct quarterly meetings to review and update progress reports in reference to all apprentices working under the terms of this collective bargaining agreement. This information will be communicated to all responsible parties, which includes the apprentice educational coordinator, all signatory employers and to the local one iuec examining board. 11 all mandates of apprenticeship training must be satisfied in order to implement appropriate wage and fringe increases as set forth in the provisions of this contract. (1) no apprentice may qualify or be raised to the capacity of mechanic until he has worked for a period of three (3) years in the elevator industry, has successfully completed the required national elevator industry educational program courses, and has passed a mechanic’s examination administered by the n. E. I. E. P. Director’s office. Such examination shall be administered no less than once every twelve (12) months. An apprentice who has successfully passed the mechanic’s examination shall become a journeyman when he is first employed as a mechanic by a signatory employer. Should he fail to qualify, he cannot again take the mechanic’s examination for a period of one (1) year. When an employer needs an additional mechanic it shall have the right to upgrade an apprentice from among the apprentices on the payroll of the company to the position of temporary mechanic. When the employer needs another mechanic it shall call the union and request the referral of a mechanic, in accordance with section ii emany agreement. Further openings for mechanics and temporary mechanics shall be filled in the same alternative manner. If a mechanic or mechanics are laid off by an employer signatory to this agreement subsequent to the designation of a temporary mechanic under this procedure, the union may, pursuant to section ii of emany agreement, refer 12 such laid off mechanic or mechanics to the appropriate employer as a replacement for the temporary mechanic or mechanics most recently designated pursuant to this procedure and the employer shall put back to apprentice status apprentices working as temporary mechanics when their temporary assignment is completed or within 15 days of when the employer is notified that there is a qualified mechanic available, whichever comes first. This provision shall apply on an industry-wide basis. In such event the designated temporary mechanic or mechanics revert back to the prior status as an apprentice. E. Holidays the following holidays shall be observed: new years day, presidents day, good friday, memorial day, fourth of july, labor day, columbus day, armistice day, thanksgiving day, friday after thanksgiving, and christmas day. The employer may schedule employees to work on good friday, columbus day and armistice day, using volunteers where possible, to meet the operational needs of the employer or a customer. An employee who works the holiday designated herein shall be entitled to select another day off to observe the holiday in lieu of overtime pay for the holiday worked. This day shall be designated as a compensatory/in lieu of holiday. The date selected by the employee shall be confirmed in writing to the employer 13 not later than the end of the payroll period immediately preceding the date on which the compensatory/in lieu of holiday will be taken. Alternately, where scheduled to work by the employer on the selected compensatory/in lieu of holiday, the employee shall be paid holiday pay in addition to his overtime rate of pay for hours actually worked. Employees who voluntarily terminate their employment or are terminated by the employer prior to their compensatory day off shall receive compensation of eight (8) hours at double time at the time of their termination. Employees will not be granted time off from work on election day for voting purposes except as otherwise provided by law. Any employee who worked the last complete scheduled workday prior to, and the next complete scheduled workday after, such holiday will be paid at his/her single time rate for such days. The above holidays shall be observed on the day set for such observance by the union and employer. The union and employer shall mutually agree on the specific date at least thirty days in advance of the observance of the holiday. Any holiday that falls on a saturday shall be observed on friday. Any holiday that falls on sunday shall be observed on monday. Should the employer require that the employee work on any paid holiday other than holidays used as in lieu of as listed above, he/she shall 14 be paid the holiday pay plus the applicable overtime pay. Employees who, because of religious or personal beliefs, need to take time off for special observance days such as martin luther king day or a religious holiday may be excused from work with the prior approval of supervision. Such approval shall not be unreasonably withheld. Any such excused absence shall be without pay or fringes. F. National elevator industry welfare plan/ national elevator industry pension plan the association and the union agree to incorporate into this agreement, as if it were an original part thereof, the provisions of section ii (h) of the collective bargaining agreement by and between union and thyssenkrupp elevator corporation effective march 17, 2005 except that the rates of employer contributions to the national elevator industry welfare plan and the national elevator industry pension plan shall be as follows: national elevator industry welfare plan effective contribution 03/17/20 $15.725 03/17/21 $15.875 03/17/22 $16.025 03/17/23 $16.525* 03/17/24 $17.025* * subject to determination by the health fund trustees 15 national elevator industry pension plan effective contribution 03/17/20 $10.21 03/17/21 $10.46 03/17/22 $10.71 03/17/23 $11.21* 03/17/24 $11.71* *subject to determination by pension fund trustees the above hourly contributions shall be made by the employer to the respective plan and the above contribution rate shall be effective on the dates set forth above. G. The union and the association agree to incorporate into this agreement as if such provisions were an original part thereof the following sections and paragraphs of the collective bargaining agreement dated march 17, 2005 through march 16, 2009 thyssenkrupp elevator. The provisions and paragraphs of said collective bargaining agreement shall be incorporated herein and made part hereof as if they were originally contained herein and contained in appendix b: section ii (i) section ii (j) section ii (k) section ii (l) section ii (m) section ii (o) section ii (p) 16 section ii (q) section ii (r) section ii (s) section ii (t) section iii section iv (a) section iv (c) section iv (f) section iv (h) h. Namescommunicataionsrules 1. The employer agrees that at the end of the calendar year, the employer shall, upon request of the union furnish the names of members of local no. 1, carried on their payroll during the year, with the total number paid in wages to each man. Also upon request of the union, to supply the weekly wage, hours worked and travel time of any member of local no. 1 (limit to eight (8) men in any week or ninety-six (96) men per year per employer). 2. No discrimination shall be made against any member of the union or any employer. All written communications passing between the association and the elevator constructors union shall be addressed to their respective secretaries. 3. No salaried employee, partner or member of a firm of an employer shall perform any of the physical work of employees covered by this agreement unless agreed to 17 by the union, except for situations of emergency or in which the services of the elevator constructors are not available. An emergency shall be defined as a situation, in which someone is caught in an elevator, or personal safety is in immediate danger or substantial property damage is involved. 4. Neither the association, any employer nor the union shall adopt any rule or regulation that conflicts with any of the provisions of this agreement. Any such rule as the union may adopt, whether by virtue of a general membership meeting or executive board decision, shall not be effective or implemented as it relates to the operation of this agreement, absent due negotiation and agreement with the association. I. Earned sick time waiver the provisions of the administrative code of the city of new york, title 20, chapter 8 (earned sick time act) in relation to the provision for sick time earned by employees, are expressly waived by the parties to this agreement. Additionally, should any other municipality, county or other governmental agency adopt a law or regulation providing for paid sick time for employees of employers signatory to a collective bargaining agreement between hasta and iuec local no. 1 and such law or regulation permits the parties to elect a waiver of such paid sick leave, the parties agree that all such waivers are adopted and incorporated herein. 18 section iii employer rights the employer reserves and retains the sole and exclusive right to manage its operations and to direct the work force, except only to the extent that express provisions of this agreement specifically limit or qualify these rights. Section iv a. This agreement expires 12:01 am march 17, 2025 b. The straight time working hours during the term of this contract are as follows: hoist service 8 hours hoist installation and dismanteling 8 hours c. Regular work day for establishing straight time hours. A work day of eight (8) straight time hours, with one-half hour allotted as lunch period . The work day may begin at seven a. M. (7:00 a. M. ) or eight a. M. (8:00 a. M. ). Eligibility for overtime pay shall begin after completion of the regular work day, irrespective of the starting time. Each employee shall be required to take the allotted lunch period during his work day. D. The straight time hourly rates are listed in appendix a 19 e. Overtime shall be paid for all work performed after the regular work day. All maintenance / service work and any other work not performed in a composite crew performed on any saturday or sunday shall be overtime work and paid for at double the regular rate. Should the employer require that the employee work on any paid holiday, he shall be paid double time plus holiday pay. F. It is agreed that the employer may utilize a flexible start time between the hours of 6:00am and 9:00am for employees. When public agency work permits , regulations or employers access to hoists and hoist platforms dictate a later start time, the employer may utilize a 10 am start time. G. Elevator constructor mechanic in charge shall have his hourly rate increased by twelve and onehalf percent (12 1/2%) for all hours actually worked. There shall be one (1) mechanic in charge per employer. This does not limit a employer from having more than one employee assigned a plus rate of twelve and one-half percent (12 1/2%). H. It is agreed that the wage rates to be effective 12:01 am 03/17/20 thru 12:01 am 03/17/25 may be affected by additional or reduced employer contributions to the national elevator industry welfare plan and national elevator industry pension plan. In such event, there would be an effect on vacation and holiday pay and the wage rates, effective on such dates, would be adjusted accordingly to reflect such effect. 20 i. Reporting time whenever a mechanic or apprentice covered by this agreement reports to work on a job at the request of the employer and there is no work available except for reasons beyond the control of the employer, the employee shall receive two (2) hours pay at straight time. When a mechanic or apprentice covered by this agreement reports to work on a job as defined in section vi (b) work assignments, without being notified not to report and commences work on such job, the employee shall receive two (2) hours pay at straight time rates if the employee ceases to work at the direction of the employer. J. Annuity fund the association and its employer members agree to contribute to the international union of elevator constructors local no. 1 annuity plan the amounts set forth in appendix a. The said annuity plan provides annuity benefits for elevator constructor journeyman and apprentices. The trustees of the annuity fund have adopted an agreement and declaration of trust and rules and regulations governing the annuity plan which documents shall be considered to be a part of this agreement and binding on all parties to this agreement. The employer shall contribute to the annuity fund the sum set in appendix a for all hours worked by an elevator constructor journeyman and apprentice. 21 k. Education fund the joint apprentice committee shall be continued consisting of three (3) representatives from the emany and three (3) representatives from the local union. The joint apprentice committee shall be responsible for providing a program for educating and training elevator constructor journeymen and apprentices in the local union area in conjunction with the national elevator industry educational program. Such program shall be under the sole and exclusive direction of the joint apprentice committee. The national elevator industry educational program (neiep) shall be financed by contributions by the employer as provided below. Upon the effective date of this agreement, the employer agrees to continue to pay and contribute to such fund sixty-three cents ($.63) per hour for each hour of work performed by all elevator constructor journeymen, jits and apprentices. The thirteen cents ($.13) employer contribution effective march 17, 2005 will not count as part of the hourly wage and fringe package of the elevator constructor. Any further increase to the thirteen cents ($.13) employer contribution is the employees responsibility. The amount of the employers contribution will be as follows: 22 effective date amount of increase hourly contribution rate 3/17/20 $ 0.01 $.63 3/17/21 $ 0.01 $.64 3/17/22 $ 0.01 $.65 3/17/23 tbd $.65 3/17/24 tbd $.65 no contributions shall be made during the six (6) months probationary period on behalf of probationary employees unless otherwise provided by the neiep trustees. If the employers are required for any reason to increase the employers contribution to the national elevator industry educational program, then the amount of such additional employer contribution shall serve to reduce the effective wage rate set forth in appendix a of this agreement in an amount adjusted to reflect such increased employer contribution and its effect upon the wage rate. The union agrees to recommend and seek the inclusion in the national elevator industry educational program, &/or local one education and apprentice training program curriculum, an educational module, to be designed by the association, to include educational components for training in the construction, maintenance, service and repair of rack and pinion, direct drive, traction drum and related personnel and material hoists utilized by member firms in the association and customarily used in the trade. The successful completion of such components, once incorporated into the curriculum, shall become a condition precedent to the certification of an individual to the position of elevator mechanic. 23 l. Local no.1 education and training fund 1. The local 1 education and training fund (the fund) shall provide a program for the education and training of apprentices and shall be funded by an employer contribution of twenty-five cents ($.25) per hour worked. The five cents ($.05) employer contribution effective march 17, 2015 will not be deducted from the hourly wage and fringe package of the employee. Any further increase to the five cents ($.05) employer contribution is the employees responsibility. The existing twenty cents ($.20) plus the additional five cents ($.05) will become the base of twenty-five cents ($.25). 2. The fund shall be governed by a written agreement and declaration of trust and administered by a board of trustees, three (3) of whom shall be appointed by the union and three (3) appointed by the employers two (2) by emany and one (1) by otis in accordance with, and so provided in, the governing documents of the fund and subsequent amendments thereto. The agreement and declaration of trust shall become a part of this agreement and binding on all parties signatory to this agreement. 24 section v composite crews composite crews may be utilized for the installation, erection, jumping and dismantling of hoists and gates according to practice, i. E. , erection, installation, reverse jumps and dismantling shall be performed by a minimum of two (2) elevator constructor mechanics represented by union and two (2) individuals from another trade. Jumping shall be done by three (3) persons from another trade and one (1) elevator constructor mechanic represented by union. Overtime rates shall be time and one- half times the single time rate of pay. In addition, all repairs that include the replacement and/or repair of the lower, or complete car, as the result of a wreck during the course of a job, shall be performed by a composite crew containing an equal number of elevator constructor mechanics represented by union and employees of another trade. The repair and replacement of ties shall also be performed by composite crews consisting of an equal number of elevator constructor mechanics represented by the union and an equal number of employees from another trade. 25 section vi arbitration section 1. If any employee, any employer, or the union has a grievance, complaint, or dispute concerning the interpretation or application of any provision of this agreement, such grievance, complaint, or dispute shall be discussed either with the employers designated representative or with the unions business representative if it is the employer which has a grievance. If the grievance is initiated by an employee, the unions business representative shall be present during any discussion of the grievance. The employers designated representative or the unions business representative shall be present during any discussion of the grievance. The employers designated representative or the unions business representative shall respond to the grievance and advise the other party of his answer within five (5) working days after the discussion. Section 2. If the grievance is not resolved after such discussion, or if the responding party does not advise the other party of the disposition of the grievance, either the employer or the union may submit the grievance within twenty (20) calendar days after such discussion, to the new york hoisting trade arbitration committee. Such submission to the new york hoisting trade arbitration committee shall be in writing, stating the nature of the grievance and the provisions of the agreement alleged to 26 be violated and shall request a meeting of the new york hoisting trade arbitration committee to consider the grievance, together with any other pending grievances which either party desires to raise at such meeting. Neither party shall be limited by such submission. Any dispute or grievance must be initiated and processed to the new york hoisting trade arbitration committee within thirty (30) calendar days after the union or the employer become aware of the grievances, otherwise, the dispute or grievance shall be considered null and void. Section 3. When an employer or the union gives notice of the submission to the new york hoisting trade arbitration committee of one or more grievances, the new york hoisting trade arbitration committee shall meet within twenty-one (21) calendar days after the date of the letter submitting a grievance or grievances to the new york hoisting trade arbitration committee. If a meeting of the new york hoisting trade arbitration committee is not held or arranged within said twenty-one (21) calendar day period (or any mutually agreeable extension thereof), then either the employer or the union may submit the grievance immediately to arbitration under the rules and procedures of the american arbitration association governing the appointment of an impartial arbitrator and the procedures for an arbitration hearing. 27 section 4. If the new york hoisting trade arbitration committee is unable to reach a decision, or is deadlocked on the grievance or fails to meet as described above, then either the union or the association may, within three (3) working days, submit the grievance to arbitration under the rules and procedures of the american arbitration association which shall designate an impartial arbitrator and conduct the arbitration hearing in accordance with its procedures. All such submission of grievances to arbitration shall be to the american arbitration association in new york city. Failure to process the issue to arbitration within the foregoing three (3) day period shall result in the issue being considered null and void. Section 5. It is understood that neither the new york hoisting trade arbitration committee nor an arbitrator shall have the power to add to, subtract from, or modify in any way of the provisions of this agreement. Section 6. The new york hoisting trade arbitration committee shall consist of two (2) representatives of the hoisting trade association and two (2) representatives of the union. At any meeting of the new york hoisting and scaffolding trade arbitration committee and the union, each side shall have an equal vote. 28 section vii employee grievances should any employee have a grievance based upon a disciplinary action of the employer (including a disciplinary discharge) or a discriminatory transfer or reduction of status, such grievance shall be taken up by the union under the arbitration provisions set forth in section vi above. However, for purposes of discipline or discharge only, during the first twelve (12) months of industry service covered by this agreement, a probationary apprentice shall have no access to the grievance and arbitration procedure. Section viii strikes and lockouts it is agreed by both parties to this agreement that so long as the provisions herein contained are conformed to, there shall be no lockouts or strikes including a concerted refusal to work overtime during the term of this agreement. No strike will be called against the employer by the union unless the strike is approved by the union. Sufficient notice shall be given to the employer before a strike shall become effective. Work stoppages brought about by picketing or strikes by building trades local unions affiliated with the building trades council shall not constitute a strike within the meaning of this section. 29 section ix complete agreement this agreement constitutes the complete agreement between the parties and there is no other agreement, written or oral, which exists between them. In witness whereof, the parties hereunto subscribe their names and affix their seals the day and year first set forth above. Hoisting and scaffolding trade association, inc. _____________________________________________________________________________ elevator constructors union, local one iuec _____________________________________________________________________________ 30 appendix a maintenance/service 3/17/2020 package wage health pension neiep annuity wpf eat vacation holiday maintenance/service 111.24 65.86 15.725 10.21 0.63 10.95 0.48 0.25 4.215 3.095 50% apprentice 34.478 32.93 1.548 50% apprentice 69.18 32.93 15.725 10.21 0.63 5.475 0.48 0.25 2.108 1.548 55% apprentice 73.38 36.22 15.725 10.21 0.63 6.023 0.48 0.25 2.318 1.702 65% apprentice 81.79 42.81 15.725 10.21 0.63 7.118 0.48 0.25 2.74 2.012 75% apprentice 90.21 49.40 15.725 10.21 0.63 8.213 0.48 0.25 3.161 2.322 3/17/2021 maintenance/service 114.85 68.46 15.875 10.46 0.64 11.2 0.54 0.26 4.381 3.218 50% apprentice 35.839 34.23 1.609 50% apprentice 71.225 34.23 15.875 10.46 0.64 5.6 0.54 0.26 2.191 1.609 55% apprentice 75.588 37.65 15.875 10.46 0.64 6.16 0.54 0.26 2.41 1.77 65% apprentice 84.313 44.5 15.875 10.46 0.64 7.28 0.54 0.26 2.848 2.091 75% apprentice 93.039 51.35 15.875 10.46 0.64 8.4 0.54 0.26 3.286 2.413 31 3/17/2022 maintenance/service 118.872 71.37 16.025 10.71 0.65 11.50 0.60 0.27 4.568 3.354 50% apprentice 37.362 35.69 1.677 50% apprentice 73.471 35.69 16.025 10.71 0.65 5.75 0.60 0.27 2.284 1.677 55% apprentice 78.011 39.25 16.025 10.71 0.65 6.325 0.60 0.27 2.512 1845 65% apprentice 87.09 46.39 16.025 10.71 0.65 7.475 0.60 0.27 2.969 2.18 75% apprentice 96.17 53.53 16.025 10.71 0.65 8.625 0.60 0.27 3.426 2.516 3/17/2023 maintenance/service 123.033 73.71 16.525 11.21 0.65 12 0.66 0.28 4.717 3.464 50% apprentice 38.587 36.86 1.732 50% apprentice 76.091 36.86 16.525 11.21 0.65 6 0.66 0.28 2.359 1.732 55% apprentice 80.786 40.54 16.525 11.21 0.65 6.6 0.66 0.28 2.595 1.905 65% apprentice 90.175 47.91 16.525 11.21 0.65 7.8 0.66 0.28 3.066 2.252 75% apprentice 99.564 55.28 16.525 11.21 0.65 9 0.66 0.28 .538 2.598 32 3/17/2024 maintenance/service 127.339 76.17 17.025 11.71 0.65 12.50 0.72 0.29 4.875 3.58 50% apprentice 39.875 38.09 1.79 50% apprentice 78.777 38.09 17.025 11.71 0.65 6.25 0.72 0.29 2.437 1.79 55% apprentice 83.634 41.89 17.025 11.71 0.65 6.875 0.72 0.29 2.681 1969 65% apprentice 93.347 49.51 17.025 11.71 0.65 8.125 0.72 0.29 3.169 2.327 75% apprentice 103.06 57.13 17.025 11.71 0.65 9.375 0.72 0.29 3.656 2.685 * all maintenance/service work is paid at appendix a maintenance/service wage scale. In addition, employees who have worked 8750 or more hours performing any type of work over any 5 continuous calendar years starting with calendar year 2005, with any h. A. S. T. A employers, shall receive maintenance/service wage for all categories of work. Employees who have achieved this criteria shall receive maintenance/service rate for all hours worked and are not subject to meeting hour requirements in future years and are referred to as grandfathered maintenance/service employees. 33 composite crews package wage health pension neiep annuity wpf eat vacation holiday 3/17/20 97.216 53.87 15.725 10.21 .63 10.25 .48 .25 3.448 2.532 3/17/21 98.409 54.42 15.875 10.46 .64 10.35 .54 .26 3.483 2.558 3/17/22 99.618 54.99 16.025 10.71 .65 10.45 .60 .27 3.519 2.585 3/17/23 100.84 55.04 16.525 11.21 .65 10.55 .66 .28 3.523 2.587 3/17/24 102.08 55.10 17.025 11.71 .65 10.65 .72 .29 3.526 2.59 . 34 appendix b thyssenkrupp contract language (i) fraction of a day the employees shall be paid for any fraction of a day at their appropriate hourly rate. Any fraction of an hour will be paid to the nearest minute or other suitable increment based upon the technical capabilities of the employer. This applies to jobs on which an employee is paid at a single time rate. (j) reporting time whenever a mechanic or apprentice covered by this agreement reports to work on a construction, modernization or repair job as defined in section vi (b) work assignments at the request of the employer and there is no work available except for reasons beyond the control of the employer, the employee shall receive two (2) hours pay at straight time. When a mechanic or apprentice covered by this agreement reports to work on a construction, modernization or repair job as defined in section vi (b) work assignments, without being notified not to report and commences work on such job, the employee shall receive two (2) hours pay at straight time rates if the employee ceases to work at the direction of the employer. 35 (k) transportation and travel time an employee who is covered by this contract, who is sent out of town by his employer, shall be paid travel time at time and one-half, if such travel takes place prior to and/or after the regular work hours, at the start and finish of the job. The employee will also be reimbursed for all out-of-pocket transportation expenses and room and board. The room and board allowance shall not be less than $20.00 per day or $140.00 per week. If the employer and the employee agree that the employee use his personal auto for transportation the employee is to be paid at the irs standard mileage rate. Note: the mileage reimbursement rate shall be changed thirty (30) days after receipt of notification of a change in the irs standard mileage rate then in effect. The rate at that time shall be the new irs standard mileage rate then in effect. Employees operating vehicles provided by the employer shall not be entitled to payment of wages or commuting expense for time spent driving from the employees home to the first job site of the regular work day or driving from the last job site of the regular work day to the employees home (note: employees shall be reimbursed for any tolls in excess of the toll charge for passenger vehicles). 36 (l) sub-contractors on any job where the employer sublets any work within the trade jurisdictions of the elevator constructor, it is understood that the employer shall have inserted in its contract with the sub-contractor a clause requiring that elevator constructor mechanics and apprentices covered by this agreement be employed on this work. If the union cannot supply elevator constructors qualified for the class of work involved, or if said workers cannot perform this work competitively, the sub-contractor may employ other qualified men at rates specified herein. (m) names – communications – rules 1. The employer agrees that at the end of the calendar year, the employer shall, upon request of the union furnish the names of members of local no. 1, carried on their payroll during the year, with the total number paid in wages to each man. Also upon request of the union, the employer will, within two (2) working day’s supply the weekly wage, hours worked and travel time of any member of local no. 1 (limit to eight (8) men in any week or ninety-six (96) men per year per employer). 2. No discrimination shall be made against any member of the union or any employer. All written communications passing between the association and the elevator constructors union shall be addressed to their respective secretaries. 37 3. No salaried employee, partner or member of a firm of an employer shall perform any of the physical work of employees covered by this agreement unless agreed to by the union, except for purpose of instruction and in cases of emergency or in which the services of the elevator constructors are not available. An emergency shall be defined as a situation, in which someone is caught in an elevator, or personal safety is in immediate danger or substantial property damage is involved. 4. Neither the association any employer nor the union shall adopt any rule or regulation that conflicts with any of the provisions of this agreement. (n) loss of clothing and tools 1. The employer shall furnish suitable lockers or chests for storage of clothing and tools. In the event of theft or fire, and in order to definitely place the responsibility, it is agreed that claims be limited as follows: clothing $ 200.00 tools $ 900.00 in order to fix the responsibility for the amount of loss by theft or fire, it shall be the duty of the men in charge of the work to obtain from the men, when reporting such a loss, a list of the value of the property, which shall be verified by affidavit. 38 payment shall be upon presentation of an itemized bill dated no later than sixty (60) days following the reported date of loss for the replaced items. Emany on behalf of its members agrees to pay sixty percent (60%) of the loss, subject to the above limitations, and the union agrees to pay the remaining forty percent (40%). (o) laws in the event that any provisions of this agreement shall be declared by any act, governmental board, or agency having jurisdiction, to be illegal or contrary to any law, order of directive of any such board or agency having jurisdiction, then such provision shall be inoperative without any effect upon the remaining provisions of the agreement. It is further provided that in the event any provision or provisions are declared to be in conflict with such act, government board, or agency, both parties shall meet within thirty (30) days for the purpose of renegotiating the provision or provisions so invalidated. (p) tools the employer shall furnish all power operated tools, rigging equipment, instruments and meters as may be required. (q) safety the employer and the union recognize a mutual obligation to provide a workplace free of hazards. Every 39 employee is obligated to abide by all safety practices, procedures, methods, policies, etc. The union shall designate a safety committee, which may review the safety practices of the employers and make recommendations to individual employers. Quarterly meetings of such safety committee will be held with representatives of the association. It is further understood between the employer and the union that employer assumes no financial support or liability for such safety committee. The employers recognize their obligation to comply with applicable state statutes and osha regarding the health and safety of its workforce including the handling, use and proper labeling of potentially hazardous materials. (r) shop steward the employer hereby recognizes that, on any construction or modernization job site with more than seven (7) employees, there shall be a shop steward. The shop steward shall be designated by the union business manager from among the men on the job. Similarly, for each other department of the employer, providing that such department has more than thirty (30) employees, a shop steward shall be designated for each such department from among the employees in that department. If, however, such department has fewer than thirty (30) employees, then there shall be one (1) steward 40 who will represent more than one department, selected as above. Where the employer operates its departments (other than construction) out of more than one location, the above recognition shall apply to each such location. Such shop steward will perform his normal work assignments during his normal working hours and will only conduct union business prior to or after working hours. Union business is defined as the investigation of grievances, trade jurisdictional problems, union security problems and safety. The shop steward shall have no right to interfere with any work assignment, nor have any right to engage in or call any work stoppage, slowdown, or in any other means interfere with the work duties of the employees. The shop steward, once appointed, shall not be transferred or laid off from that job while that job meets the requirements of paragraph 1 above, provided however, that the steward must have the skill and ability to perform the remaining work. The union will notify the employer in writing of the employee appointed the shop steward. (s) metric tools when and if an employer requires the use of metric tools by an employee in the course of his employment, the employer agrees, upon receipt from the employee, 41 to reimburse the employee for all tools required or to provide such tools, at the employers option section iii vacations the following plan is established for vacations: no vacation pay shall accrue for the first six months worked in the industry. (a) the vacation schedule shall be as follows: six (6) months or more, but less than five (5) years – two weeks. Five (5) years, but less than fifteen (15) years – three (3) weeks. Fifteen (15) years or more – four (4) weeks. (b) an employee who has worked less than 5 years in the industry shall receive vacation pay credit on the basis of 4% of his hourly rate for all hours actually worked. An employee who has worked 5 to 15 years in the industry shall receive vacation pay credit on the basis of 6% of his regular hourly rate for all hours actually worked. An employee who has worked 15 or more years in the industry shall receive vacation pay credit on the basis of 8% of his regular hourly rate for all hours actually worked. 42 (c) the vacation pay accrued from january 1 of one year through june 30 of the same year shall be paid in full to the employee by july 15 of that year. The vacation pay accrued from july 1 of one year through december 31 of the same year shall be paid in full to the employee by january 15 of the succeeding year. (d) except in cases of hardship, each employee shall schedule his vacation as follows: each employee will take one-half (1/2) of his vacation between january 1 and june 30 and one-half (1/2) between july 1 and december 31. Employees entitled to three (3) weeks vacation may elect to take the odd week in either period. Employees shall schedule vacations in no less than five (5) regular work days, exclusive of any holidays which may fall in the vacation period. Vacations shall be arranged with the employer so as to cause a minimum of interference with work. Where a team is broken up because of vacation, the employer shall have the right to place the extra employee to the employers advantage. As between employees, the first selection of vacation date shall be given to the employee with the longest service in the bargaining unit. The taking of all vacation shall be mandatory. (e) vacation pay accrued will change from 4% to 6% on the first payroll period after the first month following completion of five years in the business. These five years include the six (6) months probationary period. 43 (f) the local union shall furnish the employer on request, dates that elevator constructor mechanics and elevator constructor apprentices were first employed in the elevator industry. (g) when an employee leaves the employer the vacation pay shall be retained. He shall receive the retained amount due him at the time specified in (c) above. (h) time spent outside the industry whether or not a member of the local union, shall not count toward vacation eligibility status. An employee with at least 1 year of service in the industry who takes time off for annual training duty in the united states armed service shall have such service time counted toward his vacation eligibility status upon return to the employer. (i) hours worked for the employer by a member of a local union, while outside of the jurisdiction of that local shall count for vacation pay. (j) hours paid as holiday pay, vacation or traveling time outside of the regular working hours, are not to be counted as hours worked when computing vacation pay. (k) at the time vacation pay is paid, federal and state and local taxes shall be withheld on the basis of the number of weeks of vacation or portion of a week of vacation the accrued vacation pay represents. The intent of this provision is that taxes will be withheld at weekly rates 44 rather than the higher rates for a lump sum payment of vacation pay. (l) minimum vacation will be paid under the following conditions: (1) an employee in the construction department works 1530 hours, but less than 1750 hours in a vacation year, or (2) an employee in the modernization or service department works 1750 hours, but less than 2000 hours in a vacation year. Minimum annual vacation payments for employees in service and modernization departments will be equivalent to 40 hours pay for each week of vacation eligibility provided they have worked at least 1750 hours during the vacation year. Minimum annual vacation payments for employees in the construction department will be equivalent to 35 hours pay for each week of vacation eligibility provided they have worked at least 1530 hours during the vacation year. The january 15 vacation payout will be made each year according to the 4, 6, and 8 percent formula, without regard to the minimums. At the end of the vacation year, the hours worked by each employee will be totaled and any difference between the amount paid under the percentage formula and the amount due according to the 45 above minimums will be calculated and paid in the july 15 payout. (m) the vacation year shall be july 1 to june 30. Section iv construction work (a) definition of construction work (other than rack and pinion hoist) it is agreed by the parties to this agreement that all work specified in this paragraph shall be performed exclusively by elevator constructor mechanics and elevator constructor apprentices in the employ of the employer. This section shall also include paragraph 2 (except for 2(a)), paragraph 3, and paragraph 9 of article iv of the standard agreement and joint industry committee decisions. Construction work is defined as follows: 1. The erection of complete new or used elevators, escalators, dumbwaiters, elevettes, parking garage elevators, stage lifts, curtain lifts, console lifts, moving sidewalks, trav-o-lators, speed ramps or the like. 46 2. The removal or dismantling of old elevators, escalators, dumbwaiters, elevettes, parking garage elevators, stage lifts, curtain lifts, console lifts, moving sidewalks, trav-o-lators, speed ramps or the like except as noted under the definition of service work, section vi of this agreement. (b) all work is to be paid for at rates hereinafter established (c) travel expense travel expense shall be allowed for each day worked by an employee reporting to work in the area set forth below: travel expense 1. Long island expense (a) zone 1-$15.00 per worked day: (1) in queens: any new construction project having 15 or more units or any two (2) man service job that takes 80 hours (40 team hours) or more to perform in that area bordered on the west by a line running from the whitestone bridge south on the whitestone expressway to the van wyck expressway to the belt parkway, east on the belt parkway to rockaway boulevard, east on rockaway boulevard to the nassau county line; and on the east by the queens-nassau county line south to rockaway boulevard; and 47 (2) in nassau county: that area bordered on the east by the nassau-suffolk county line and on the west by the queensnassau county line and including all of john f. Kennedy international airport and all of the rockaways in queens. (b) zone 2-$20.00 per worked day: that area bordered on the west by zone 1 and on the east by a line extending from long island sound south to the intersection of route 25a and route 46 (william floyd parkway), south on route 46 to the atlantic ocean. 2. Staten island expense zone 1 – $15 per worked day: all of staten island 3. Westchester county expense (a) zone 1 – $15 per worked day: that area bordered on the south by the new york city – westchester county line and on the north by a line beginning at the tappan zee bridge east on route 287 to route 95 and east on route 95 to the connecticut state line. (b) zone 2-$20.00 per worked day: that area bordered on the south by zone 1; and on the north by a line beginning on the east at the intersection of route 35 at the connecticut state line, west on route 35 to route 202/35, west on route 202/35 to route 202/6, west on route 202/6 to the bear mountain bridge. 48 4. Rockland county travel expense (a) zone 1 – $15.00 per worked day: that area bordered by a line beginning on the north by route 287, beginning at the tappan zee bridge, west on route 287 to route 304, south on route 304 to the new york-new jersey state line, east on the new york-new jersey state line to the hudson river. (b) zone 2-$20.00 per worked day: that area bordered by a line beginning at the bear mountain bridge, west on route 6 to the palisades parkway, south on the palisades parkway to route 287, east on route 287 to the tappan zee bridge. 5. New jersey expense (a) zone 1-$15.00 per worked day: that area bordered on the east by a line beginning at the intersection of route 503 at the new york-new jersey state line, south on route 503 to route 80, west on route 80 to the garden state parkway, south on the garden state parkway to route 82 (morris avenue), east on route 82 to route 439, east on route 439 to the goethals bridge; and on the west by a line beginning at the new york-new jersey state line at route 287 south on route 287 (or the route 287 right of way) and east on route 287 to route 440, east on route 440 to the garden state parkway, south on the garden state parkway to the raritan bridge, east on the raritan river to raritan bay. 49 (b) zone 2-$20.00 per worked day: (1) in north jersey: that area bordered on the east by zone 1; and on the west by a line beginning at the new yorknew jersey state line at route 94, south on route 94 to the intersection of route 206, south on route 206 to route 287; and (2) in south jersey: that area bordered on the north by zone 1 and by a line beginning at the intersection of route 287 and route 527, east on route 527 to the intersection of route 18, east on route 18 to the middlesex – monmouth county line, north along the middlesex – monmouth county line to raritan bay. (d) hoisting (other than rack and pinion hoist) the employer reserves the right to hoist or lower all machine room equipment except governors and secondary sheaves, which shall include machines and beams that have been laid out and preassembled by the elevator constructor before hoisting, pistons, cylinders and trusses or sections of trusses with the aid of derricks or cranes (pistons and cylinders and/or trusses may be hoisted and placed in their final locations). In addition, the employer shall have the sole option to utilize the outside hoist operated by a local 1 elevator constructor to raise or lower all machine room equipment (not to include ductwork) which shall include machines and beams that have been 50 laid out and pre-assembled by the elevator constructor before hoisting and other equipment such as air and gas tanks, cutting torches, welders, gang boxes, tools, chain falls, safety equipment (first round of overhead protection and safety lines) and motor room wiring. It is understood that work of this character will be done by journeymen and apprentices under the supervision of the elevator constructor mechanic in charge. Where the employer elects to preassemble or prefabricate apartment house elevators as provided in article iv, par. 3(a)(6) et. Seq. The employer shall have the right to hoist or lower all such equipment with such mechanical equipment as the employer deems necessary to perform such work. It is understood that work of this character will be done under the supervision of the elevator constructor in charge. The handling of all rails is under the jurisdiction of the elevator constructor. In addition, where trusses or sections of trusses are to be hoisted or lowered outside of the structure, a derrick or crane can be used under the supervision of the elevator constructors in the employ of the employer. The loading, unloading, moving and handling of material may be accomplished by the use of tools or equipment operated by the elevator constructor in the employ of the employer. The employer will provide training and necessary licenses for employees assigned to the operation of such equipment. 51 when a jobsite material staging area is not more than 100 feet above or below the ground level, the employer will have the right to utilize the outside hoist operated by a local 1 elevator constructor to raise or lower all material and place it at the staging area. When material is to be moved from the staging area, traditional hoisting shall apply. It is understood that work of this character will be done by journeymen and apprentices. It is further understood that this shall apply to one staging area per building. Appendix c letter of understanding dear mr. Legotte: this letter of agreement between hoist and scaffolding trade association, inc. (hasta) and local one, international union of elevator constructors (local one) shall set forth the agreement and understanding of the parties regarding exceptions to the terms of the agreement. This letter of agreement shall be a part of the agreement between hasta and local one as if it were included therein. The parties to this letter of agreement are committed to the concept that the ability of employers and their employees to meet the demands of the market place and 52 to obtain and retain outside hoist work at a reasonable profit is the most effective way to ensure job security for elevator constructor mechanics and apprentices represented by the union. The parties to this letter of agreement agree that, except where otherwise explicitly stated, the terms of this letter of agreement shall be applicable to any and all of the service and construction work that the employer is performing on the effective date of this letter of agreement and any service and construction work that the employer may obtain thereafter. For the purpose of measuring the effectiveness of this letter of agreement as it applies to outside hoist work being performed by local one employees, employers shall be required to notify local one when obtaining work under the terms of this letter of agreement. Such notification shall include the name of the job, the anticipated starting date, the owner or his agent, the terms the employer intends to utilize on the job, the number of employees by classification or prospective employees affected and the probable time the job is expected to last. Hasta and or the employer shall notify local one of the employers intention and shall retain a record of all such employer notifications. To assist the parties in their understanding as to the effectiveness of this letter of agreement as it applies to outside hoist work being performed by local one employees, the employer agrees that it will make contract or project owners bidding documents available 53 for review by local one upon request. All such contracts and bidding documents shall be treated in a confidential manner, and no copies shall be made of such documents. The parties understand and agree that confidentiality concerning the terms of this letter of agreement is important to both the employer and local one. No party to this agreement may disclose its terms to any other party not immediately affected. This letter of agreement shall expire concurrently with the collective bargaining agreement on march 17, 2025 unless the parties expressly agree to extend the terms of the letter of agreement beyond that date. However, work obtained pursuant to the terms of the letter of agreement shall be permitted to continue under such terms until the contract for the work terminates or the work contracted for is completed. The parties understand and agree that the purpose of this letter of agreement is to improve the employers competitive position in the marketplace by specific work rule changes on specific jobs and by a general reduction in the cost of doing business. The employer shall have the right to utilize the skills of its workforce in the most efficient manner and without regard to limitations. The employer agrees that employees will not be transferred or assigned work for the sole purpose of layoff, nor will employees be transferred or assigned for punitive reasons. 54 notwithstanding any provision of the collective bargaining agreement or this letter to the contrary, when performing service or construction work (or any combination thereof), the employer may utilize any or all of the work rules listed below on any work it may contract in the future: where required to obtain customers, the employer may agree to provide customers with flexible maintenance, repair, and construction scheduling. That is, if the customer desires that maintenance and/or repair and/or construction be accomplished at other than normal working hours, the employer may agree to provide these services at competitive rates, in whatever method meets the customers needs. The employer will not use its discretion under this provision in any punitive fashion and agrees that all employees assigned to non- traditional work schedules shall be scheduled for at least a full work-week (40 hours) or more. The employer may pay wages and/or fringes and/or overtime less than those outlined in the contract to attract new business. The employer will utilize its best efforts to schedule employees affected by this provision for overtime. Should an employer encounter the need for conditions other than those listed herein to obtain work, the employer may confer with the business manager of local one concerning these requirements. No employer shall be entitled to utilize any conditions other than those listed 55 in this agreement unless the union and the employer or hasta agree, in writing, that such conditions can be utilized. A copy of any agreement between the union and an employer containing terms other than those listed herein shall be delivered to hasta and local one for retention. Sincerly richard halloran agreed lenny legotte 56 appendix d substance abuse policy par. 1. In order to eliminate substance abuse in the workplace; to assist employees with substance abuse related illnesses, to have a safe workplace and efficient work-force. Such substance abuse program shall be subject to the conditions set forth in this article. Par. 2. The company may schedule regular drug testing for employees at no less than 6 month intervals. There shall be no random testing for drugs or alcohol for any reason other than stated in paragraph 6 and paragraph 9. An employee who refuses to submit to random testing of any kind, for reasons other than stated in paragraph 6 and paragraph 9, shall not be disciplined, nor shall that employee be refused access to the jobsite. Par. 3. Testing may be performed on new hires as a condition of employment prior to placing them on the payroll. The employer shall have the right to require a drug test for any referral for employment if such referral has not worked for that employer within the past three (3) months. Par. 4. An employee may be tested when probable cause exists to believe that the employee is impaired on the job. Testing will occur at the employers selected testing facility. Probable cause will be deemed to exist under the following circumstances: 57 (a) the employees conduct or actions indicating alleged impairment shall be observed by either (i) one or more supervisor(s) on the jobsite and observed by the mic on the jobsite or a business agent when available within a reasonable period of time (not to exceed sixty minutes): or (ii) the director of the member assistance / education program or other union official and a supervisor on the jobsite. The supervisor(s) shall record their observations in writing stating the date, time, length of observation, jobsite and actions of the employee which they believe constitute drug or alcohol impairment. In the event there is a disagreement between the observers, the disagreement shall be recorded in writing, and the employee shall be required to submit to testing. Such statements shall be signed by the observers; and (b) a determination is made that the employees conduct is symptomatic of alcohol or drug impairment by an independent physician or health care professional qualified to make such a determination, following a consultation with the employee. The physician or health care professional shall be of the employers choosing and the cost of such consultation and determination shall be borne by the employer if it is not covered by applicable insurance; or (c) any employee involved in an accident which results in professional medical treatment or damage to company property will be required to submit to a test for the presence of alcohol or drugs. 58 par.5. An employee who is properly requested to undergo testing in accordance with the minimum procedures set forth in item 4 above shall be tested within 24 hours. The local union shall be notified of all positive test results within 72 hours of the employer receiving the results. If the employee refuses, then the employee is subject to disciplinary action up to and including termination. Two diluted test results utilizing two different samples shall be treated as a positive drug test result. The company must use a recognized and reputable concern for testing, with sufficient facilities and quality control features to ensure accuracy in test diagnosis and the capability to store samples. Chain of custody procedures must be observed at all times. The company will comply with any state laws concerning drug testing. The results of the test of an employee who tests positive the first time must be confirmed by samhsa standards. An employee who disputes positive results shall have the right within ten (10) working days of when he is notified of the test results to have his initial sample independently retested by an authorized laboratory of his choice at his own expense. If the independent retest indicates a negative result, the employer may elect to retest the employees initial sample. If the results are again negative, the employee will be put back to work immediately (if he is off work) and made whole for any loss of pay occasioned by the first positive test results. 59 par. 6. An employee whose final test results are positive (and who has not tested positive previously) will be referred to the companys medical review officer, (see attachment), employee assistance program or some other recognized and approved rehabilitation or counseling program. The cost of such programs may be offset by appropriate insurance coverage. If the employee enters such a program, his status as an employee will not be affected and he will be allowed access to the job under the conditions established by the program. An employee who refuses a proper request to enter, and participate in and successfully comply with such a program shall be deemed unqualified and barred from returning to work within the industry. Employees may be disciplined, up to and including discharge, for subsequent positive test results. Employees who test positive two (2) times, and have been discharged by the employer, shall not return to work within the industry until he/she has successfully completed a substance abuse program. Said individual, upon returning to work, may be randomly tested for substance abuse for a period of one year at the employers expense. The joint apprenticeship committee may develop requirements for drug testing apprentices. Par. 7. Testing may be for drug or alcohol impairment only and not for any other medical conditions. Neither the company nor any medical or testing personnel, shall disclose any information regarding the fact of testing or the results of testing to any other employer or customer. All test results and related information will be given the 60 same confidentiality as any other medical information as required by law. Par. 8 any employee(s) who possesses, sells, transports or distributes illegal drugs or unauthorized alcohol at a work site, on the company premises, or on company time is subject to immediate discharge. Par. 9 an employee who admits to substance misuse to the director of the member assistance / education program prior to a probable cause determination or a customer -required substance test will be referred to a certified substance abuse professional or labor assistance professional certified. The employee will have his/ her care monitored by the director of the member assistance / education program. The director of the member assistance / education program shall maintain appropriate systems, records and administrative procedures in order to provide employers and the union accurate and timely information as to the status of employees, while abiding by all federal, state and local confidentiality laws. The cost of such programs may be offset by appropriate insurance coverage. If the employee enters such program, his status as an employee will be subject to the conditions set forth in paragraph 6. Par. 10 the company will continue its practice of applying good faith efforts to apply its own policy. Should these efforts be unsuccessful and a customer insists on implementation of their own policy, the company may 61 institute such policies to the extent necessary to obtain the work. Good faith efforts by the company to avoid using the customer’s policy will include: 1. Advising the customer that the company has agreed with iuec local 1 to a comprehensive company wide policy that addresses the maintenance of a safe and healthy work environment for its employees, and that it does not wish to apply any additional or different regulations. 2. If written confirmation of the company’s position fails to change the customer’s position, the company will attempt to obtain customer approval to as much of its policy as possible. In addition, the company agrees to notify the union in writing when it is unable to obtain the customers agreement. 3. If the customer insists on the complete substitution of its policy for the companys policy, the company shall then seek volunteers to man said jobs. 4. The company will not discipline, discharge or lay off employees solely due to their refusal to volunteer. However, such employees may be 62 laid off if there is not sufficient other work to which they may be assigned. 5. Iuec local 1 recognizes the importance of securing adequate volunteers and will cooperate in assisting in efforts to secure them. This statement of principles shall apply to all employees represented by the international union of elevator constructors local no. 1. Rights of employees a) before requesting an employee to undergo drug or alcohol testing, the employer shall provide the employee with a form on which to acknowledge that the employee has seen the drug and alcohol testing policy. B) if an employee tests positive for drug or alcohol use, the employee must be given written notice of the right to explain the positive test and indicate any over-the-counter or prescription medication that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test. C) within three (3) working days after notice of a positive initial test result the employee may submit information to the employer, in addition to any information already submitted under paragraph (b), to explain that result. 63 d) an employee who tests positive will have ten (10) working days following the date which the employee is notified of the test result to advise the company, in writing, of the employees desire to request a retest of the original sample at the employees own expense. E) unless a positive test result is confirmed as positive, it shall be deemed negative and reported by the laboratory as such. F) the employer will bear the costs of all testing except for retests requested by employees after an initial positive test result. Refusal to test or provide an adequate sample when required by this policy shall constitute insubordination and is a violation of this agreement. Any specimen altered by the employee will be considered a positive test result and therefore a violation of this policy. Any specimen altered by the employer will be considered a negative test result. 64 notes 65 notes 66 notes
