General contractors association – operating engineers – local ! Sc agreement between members of the general contractors association of new york, inc. And the international union of opera ting engineers local ! Sc july i, 2022 – june 30, 2027 index _annuity fund contribution apprenticeship standards attendance bonus binding subcontractors and other firms completeness of agreement computation and additional coverage conditions locall5c coverage of additional employees under the welfare and pension plan declaration of principles disputes drug testing dues checkoff emergency shutdown employees covered employee assistance program execution of agreement expenses finality of decision fringe benefit stamp fund heavy construction work hcif holidays hours of work intent page 26 4 14 24 4 25 18 25 2 6 21 26 3 11 21 24 9 9 24 10 27 15 11 23 interest, costs and liquidated damages jurisdiction jurisdictional disputes legality medical reimbursement fund national training fund no work stoppage other union agreements overtime pac paid family leave payment of wages pension fund contribution purposes procedures of grievance-arbitration protective clothing shifts storm warning surety bond status quo term-renewal termination of employment during a work stoppage union security – union visitation vacation and sick leave legislation vacation benefit contribution wages and conditions ii 26 5 9 32 31 31 9 10 14 30 23 13 24 1 7 22 12 3 32 9 6 10 5 23 28 11 wages 16 welfare fund contribution 24 work stoppage for default in fringe benefit fund contributions 32 lll gca – operating engineers local 15-c – 2022 agreement made this 1st day of july 2022, by and between the members of the general contractors association of new york, inc. And other employers who are signatories to this agreement and those contractors who have authorized the general contractors association of new york, inc. As their sole and exclusive bargaining agent (sometimes, hereinafter, called “gca”, and hereinafter, individually referred to as “employers”) and the international union of operating engineers, local union l 5c, (hereinafter “union”). Now, therefore, in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows: article i purposes – declaration of principles section 1 – purposes the purposes for which this agreement is entered into are as follows: (a) prevent strikes and lockouts; (b) facilitate peaceful adjustment of grievances and disputes between the employer, employee and union; ( c) prevent waste, mmecessary and avoidable delays, which result in mmecessary costs and expense to the employer, and union, and the loss of wages to the employee; ( d) enable the employer to secure at all times sufficient forces of skilled and productive workmen; ( e) provide as far as possible for the continuous employment oflabor; (f) provide that employment hereunder shall be in accordance with conditions so that all work functions will be productively performed for a full shift at wages herein agreed upon; (g) bring about stable conditions in the industry; 1 gca operating engineers local 15-c 2022 (h) keep costs of work in the heavy construction industry as low as possible consistent with fair wages and proper working conditions, as provided for hereunder; (i) continue the custom and practice heretofore prevailing for many years on heavy construction work, of agreement as to the terms and conditions of employment, and as to the necessary procedure for amicable adjustment of all disputes or questions that may arise. G) local 15c agrees to participate in the local 14 and 15 target committee. Section 2 – declaration of principles both parties to this agreement acknowledge that this agreement is the uniform agreement for the heavy construction industry and its execution will further the interests of said industry. This agreement will be inteipreted under the following principles: (a) that there shall be no limitations as to the amount of work an employee shall perform during his working day, it being understood that said employee shall perform a fair and honest day’s work, within the limits of safety; (b) that there shall be no restriction on the use of machinery, tools or appliances, within the limits of safety; ( c) that there shall be no restriction on the use of any raw or manufactured materials, except prison-made; ( d) that no person shall have the right to interfere with employees or workmen during the working hours; ( e) that employees are at liberty to work for whomsoever they see fit, and they are entitled to and shall receive the wages agreed upon as hereinafter set forth in this agreement; (f) that employers are at liberty to employ and discharge whomsoever they see . Fit, and the employer shall at all times be the sole judge as to the work to be 2 gca- operating engineers local 15-c- 2022 performed and whether such work performed by an employee is, or is not, satisfactory; (g) the gca, the employer and the union agree that they will not refuse to hire or employ any individual, nor will they bar or discharge from employment any individual, nor will they discriminate against any individual, in compensation or in terms, conditions or privileges of employment because of an individual’s race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, military status, predisposing genetic characteristics, domestic violence victim status or citizenship status in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, lay-off and termination, and all other terms and conditions of employment. (h) where feasible, the employers shall use the services that are available at other local 15c shops for the overhauling, servicing and welding of equipment and its components. (i) storm warning: in the event of a storm warning issued by the national weather service, the gca will coordinate with the business manager of local 15 or a representative of local 15c to discuss closing job sites down for the storm duration. In the event that job sites are shut down due to a storm, the operating engineers will be paid only for the hours worked in the week that that storm occurs. (j) emergency shutdown: in the event that a public official, including the president of the united states, the governor of the state of new york or the mayor of the city of new york or any other elected officials of any other jurisdiction in which l 5c members 3 gca- operating engineers local 15-c – 2022 may be employed by a gca member or its subcontractors (“employer”), declare a state of emergency, or a project shut down by a public owner or other government agency, the employer shall have sole discretion as to manning the job as the employer sees fit. Such emergency discretion does not permit the employer to assign local 15c’s work, classification or equipment to anyone other than local 15c members. If, during a period of emergency, the employer performs any work, or utilizes any classifications or equipment which falls under the operating engineer’s jurisdiction, then such work, classifications or equipment will be performed, manned and operated by members of local 15c in accordance with the local 15c gca heavy construction agreement. Section 3 – completeness of agreement it is understood that the purposes and declaration of principles, herein set forth, are a part of this agreement and said purposes and principles govern all parties hereto in the performance thereof and shall be complied with as conditions of this agreement. The patties hereto enter into this agreement and agree to carry out, conform to and comply with its terms and provisions as provided and set fmth by reason of the mutual advantages of so doing and in order to effectuate and provide for the canying out and putting into effect, during the term hereof, the purposes and principles of this agreement. Section 4 – apprenticeship standards local no. Lsc the employer and the union hereby acknowledge and agree that they are parties to and bound by the standatds of apprenticeship training joint apprenticeship program local 15c i. U. O. E. Which was ordered to be implemented by order dated july 12, 1985 of hon. Vincent l. Broderick, united states district judge. The employer and the union agree that said standards 4 gca operating engineers local 15-c 2022 are hereby incorporated in and made a part of this agreement with the same effect as if set forth at length herein. Copies of said standards are available from local ! Sc or the gca. Article ii , jurisdiction this agreement eovers work performed by the employer in new york city on heavy construction work, as hereinafter defined in article viii. If the employer engages in any class of work not embodied in heavy construction work, as hereinafter defined, both parties shall comply with all of the union conditions then existing in that class of work. Article iii union security – union visitation section 1 – union security the employer shall employ for the work under its contract to be governed by this agreement as provided in article ii, for the classifications of work listed in article ix hereof, such employees as it may designate. The employer recognizes the union as the primary source of procurement of workmen, who are members in good standing. The employer shall have the right to employ workers from the open market. The employer will notify the union of the need for new employees. Members who are not in good standing shall be allowed thirty (30) days after commencement of employment to regain their good standing. Employees who are not members of the union shall be required to join the union after a trial or probationmy period of six (6) months ifhe is found satisfacto1y by the employer. The union agrees to accept said employee upon compliance with the requirements of the union and payment of all necessmy initiation fees, dues and assessments. All employees, regardless of union status, shall be paid the foll rate in classification, including benefits, from the first day of employment. 5 gca- operating engineers local 15-c 2022 section 2 – union visitation authorized representatives of the union shall be allowed to visit jobs, and interview the employer and employees covered by this agreement but shall in no way interfere with or hinder the progress of the work. Article iv term – renewal this agreement shall continue in effect until and including june 30, 2027, and during each year thereafter unless on or before the fifteenth (15th) day of march 15, 2027, or on or before the fifteenth (15th) day of march of any year thereafter, written notice of termination or proposed changes shall have been served by either party on the other party. In the event that written notice shall have been served an agreement supplemental hereto, embodying such changes agreed upon, shall be drawn up and signed by june 30th of the year in which the notice shall have been served. The five-year collective bargaining agreement shall be effective july 1, 2022 and shall expire june 30, 2027 as follows: july i, 2022 – june 30, 2023 july i, 2023 – june 30, 2024 july 1, 2024 – june 30, 2025 july 1, 2025 – june 30, 2026 july i, 2026 – june 30, 2027 article v disputes section 1- no lockout, strike, work stoppage it is hereby agreed that no question or dispute or breach of this agreement, which may be caused by any of the parties hereto, shall be the occasion for or cause of any lockout, strike or work stoppage. The employer expressly agrees that it will not lock out its employees covered by this agreement. 6 gca- operating engineers local 15-c – 2022 it is agreed that under no circumstances shall there be strikes, lockouts or work stoppages, both parties agreeing to settle any question or dispute that may arise from any of the parties hereto by submitting same for determination as herein provided, with the expressed agreement that the parties hereto will honor, obey, be bound by and carry out such decision or determination as upon any question or dispute which may be submitted. The union will not call any strike or stoppage during the term of this agreement except for: (1) the employer’s refusal to submit a matter to arbitration, pursuant to the arbitration clause of this agreement; (2) the employer’s failure to comply with any decision of any board of arbitration established hereunder within twenty (20) working days after such decision, unless appealed to a court of competent jurisdiction, which grants a stay; and, (3) any other reason explicitly provided for in this agreement. Section 2 – procedures of grievance – arbitration for the purpose of settling disputes between the parties hereto as to any claims of violation of this agreement, or of any dispute or breach that may arise in connection therewith, or for construing the terms and provisions thereof, the following procedure is established: (a) either patty may advise the other of an alleged grievance, in writing, and the party alleging the grievance may call for a meeting to be held not less than 24 hours after receipt of the grievance notice. The board deciding the grievance shall consist of two (2) representatives of each party. No member of the board may be the individual member of the local union involved in the grievance or the employer involved in the grievance. Both parties to the grievance shall be given full opportunity to be heard and present witnesses. 7 gca – opera ting engineers local 15-c – 2022 the grievance shall be resolved by majority decision. If the grievance is not resolved within 72 hours of notification thereof, as set forth above, or if the agreement reached is not complied with by the guilty party within 24 hours after notification of the agreement, either party may proceed to arbitration immediately. (b) any grievance not resolved pursuant to (a) above shall be submitted to arbitration before a single arbitrator. The parties agree to select said arbitrator using the “list with appointment” service provided by the american arbitration association’s pursuant to aaa’s labor arbitration rules. The arbitrator shall conduct a hearing in such a mam1er as he shall consider proper and shall serve as sole arbitrator of the dispute between the pmiies. The arbitrator shall have the right to conduct an ex parte hearing in the event of the failure of either party to be present at the time and place designated for the arbitration, and shall have the power to render a decision based on the testimony before him at such hearing. The decision of the arbitrator shall be final and binding upon both parties and may be entered as a final decree or judgment in the supreme court of the state ofnew york or in a court of appropriate jurisdiction in any state where such decision shall be rendered. The costs of arbitration, including the aaa fee associated with selecting the arbitrator, as well as the arbitrator’s fee, shall be born equally by the gca and the union. Service of any document or notice referred to above, or service of any notice required by law in connection with arbitration proceedings, may be made by registered or certified mail. Service upon the employer shall be made on the individual employer and the gca. ( c) this article is not, in any manner, meant to prohibit or restrict the union’s right to strike or withhold services upon the expiration of this agreement. 8 gca operating engineers local 15-c 2022 section 3 – finality of decision a decision made under any one of the above procedures in section 2 (a) and (b) shall be final and binding upon all parties. This decision will be by majority vote and it shall become part of this agreement from the date the decision is rendered. Section 4 – status quo until a decision shall have been rendered, neither party shall take any action of any character as to the complaint, statement or matter in question. Section 5 – expenses the expenses and salary, if any, of representatives serving as members of the arbitration board shall be paid by whichever pmiy they represent. The expenses and salmy, if any, of the additional member shall be shared equally by the parties. Section 6 the gca and union will form a standing committee to review, monitor and immediately act on all health and safety questions brought to the committee in accordance with applicable law. Section 1 – no work stoppage article vi jurisdictional disputes it is agreed that where a jurisdictional dispute arises, there shall be no stoppage. Of work by trades affiliated with the afl-cio, and the trade in possession of the work shall proceed with the job and the question in dispute shall be submitted by the trades to the board authorized for settlement of jurisdictional disputes for decision. 9 gca -operating engineers local 15-c – 2022 section 2 – termination of employment during work stoppage in the event of any stoppage of work caused by any union or unions connected with the afl-cio, the employer may pay off its employees at the end of the work day on which the stoppage occurs, and will not have to pay these employees for any time during the period of the work stoppage. Article vii other union agreements it is agreed that the union will carry out this agreement in all details, regardless of whatever conditions and wages exist for members of any other local union, whether or not employed in heavy construction work. Article viii heavy construction work – employees covered section 1 – heavy construction work heavy construction projects are hereby defined as including but not limited to, new construction i. E. , building and foundation construction below street level or the inspection, rehabilitation or expansion of an existing structure or facility involving any aspect of subsurface construction or excavation; all deconstruction or demolition work, all construction from excavation tluough final completion of engineered structures, parking garages, mass transit facilities including but not limited to bus depots, ventilation plants, maintenance shops, transit yards, stations, tunnels, railway lines and work along railway rights of way, highways, roads, streets, bridges, piers, wharves and bulkheads, airport runways, access roads, airline terminals, water and wastewater conveyances, including but not limited to tunnels, and associated facilities including gatehouses, pump houses, valve chambers, and water and wastewater treatment plants, power plants, power generating stations, electrical substations and pipelines; all excavation and sitework, including but not limited to all installation, relocation or removal of utilities, all drainage, landscaping and paving; removal of hazardous materials as it pertains to heavy construction projects; and any 10 gca opera ting engineers local 15-c 2022 construction commonly associated with “public works”, “infrastructure” or “heavy civil” construction. Section 2 – employees covered this agreement is applicable to qualified employees who: (a) repair, service, assemble, maintain and rebuild all types of contractor machinery including the welding thereof, the handling, storing, pick-up and delivery of parts contingent to the work and equipment covered by this agreement, and the driving of maintenance vehicles in the performance of their duties, the driving of fuel, oil and grease tiucks i1sed to fuel and service contractors’ equipment. (b) operate only at an employer’s premises hoisting devices, such as overhead cranes, yard derricks, portable cranes, forklifts and similar equipment, all in accordance with prior jurisdictional precedents. Section 1 – hours of work article ix wages and conditions (a) eight (8) hours shall constitute a day’s work and forty (40) hours shall constitute a week’s work (monday thru friday) for all employees covered by this agreement. Any failure to work these hours gives the employer the right to pay only for the hours actually worked. If a new employee has not been ordered out on the previous workday, consideration shall be made if there is a late arrival. At the start of the workday or shift each man shall be at his place of work and shall remain productively employed until the end of his scheduled shift. Each workday (saturday, sunday and holidays included) shall be compensated for at a rate not less than eight (8) hours. Shop men shall work ii gca- operating engineers local 15-c – 2022 between the hours of8:00 a. M. And 4:30 p. M. Or 7:00 a. M. To 3:30 p. M. (onehalf(l/2) hour shall be taken for lunch, 12:00 noon to 12:30 p. M. , or 11:00 a. M. To 11 :30 a. M. ). All work performed before 8:00 a. M. , during the lunch break and after 4:30 p. M. Except as outlined shall be paid at the overtime rate of time and one-half. Employers may work their shops a day shift, second and third shift at their discretion. An employer may have their employee go from the day shift to the second shift or third shift. However, an employer may not have said employee go from the third shift to the day shift in the same payroll week. Employees who work servicing an off-shift construction job-site (paving, etc. ) shall be paid the prevailing ove1time rate. Employers who operate their shop facilities a day shift, second or third shift in order to be available for an off-shift construction job (paving, etc. ) shall pay the shop employees at the straight time rate. If requested to service equipment on the job site, the employee will receive the ove1time rate for a maintenance man but must work at least three (3) hours servicing and or repairing equipment in the field. (b) shifts: the shifts shall be: 8:00 a. M. – 4:30 p. M. Or 7:00 a. M. – 3:30 p. M. 4:00 p. M. -12:00 midnight or 3 :00 p. M. – 11 :00 p. M. 12:00 midnight- 8:00 a. M. Or 11:00 p. M. – 7:00 a. M. All shifts shall have a one-half(l/2) hour lunch break after four (4) hours worked. All shifts shall be paid for eight (8) hours. 12 gca – opera ting engineers local 15-c – 2022 ( c) when there are only two (2) shifts employed, the shifts shall be two (2) consecutive eight (8) hours. ( d) when there is a break in the continuity of the first and second shift, the second shift shall be paid premium time. ( e) when an employer who normally has a day shift, second or third shift operation, works only one shift on a saturday, sunday or holiday, said one shift shall be 8:00 a. M. – 4:30 p. M. With one-half (1/2) hour for lunch. However, the employer can vary the stmi time two (2) hours earlier. (f) employees who are required to work during their lunch break shall be given at least twenty (20) minutes for lunch no later than two (2) hours after regular lunch break with no loss of pay for said twenty (20) minutes; (g) employees who work more than two (2) hours after the end of their regular shift shall be given a break after the second hour. (h) work performed on saturday shall be paid at the rate of time and one-half; work performed before 8:00 a. M. , during lunch and after 4:30 p. M. Shall be paid at the double time rate, except on three (3) shift operations where saturday 8:00 a. M. Is the end of the tluee (3) shifts worked on friday, or except when the saturday shift has been designated as 7:00 a. M. To 3:30 p. M. (i) double time is to be paid for all hours worked on sundays. (i) overtime shall be worked at no less than one-half (1/2) hour increments. Section 2(a) – payment of wages wages and benefit stamps shall be paid within three (3) days of the end of the payroll week. Said wages are to be paid in cash or by negotiable check in envelopes, upon which shall be plainly marked the employee’s name, hours and amount deducted. If employees are not paid by the quitting time on the regular payday, waiting time shall be charged at the premium rate. 13 gca- operating engineers local 15-c- 2022 when employees are paid by check on friday or the day before a bank holiday, said employees shall be given reasonable time off during the day to cash their pay checks. Section 2(b) ifan employee is laid off for lack of work or dismissed for lack of ability, said employee shall receive all pay and benefits stamps at the time oflay off, otherwise, the employee shall continue employment until such time as said wages, benefits and vacation pay has been paid. If an employee voluntarily leaves his employer, he shall be paid by the next regular payday. Section 3 overtime (a) time and one-half shall be paid for all work perfo1med in excess of eight (8) hours per day, for all work performed in excess of forty (40) hours per week, and for the first eight (8) hours of work on a saturday. Double time shall be paid for all work in excess of eight (8) hours on saturday, and for all work performed on sundays and holidays. (b) it is agreed that, when the employer determines that overtime work will be performed on a job which is being performed on an employee’s regular shift, the employee who is performing work on the project requiring overtime shall be the first person offered the oppmtunity to work the ove1time. (c) any workman who leaves the job of his own volition before the eight (8) hours shall be paid for hours worked. Section 4 attendance bonus a two hundred dollar ($200.00) payment will be made to an employee with a perfect attendance record based on the calendar year, janumy ! St through december 31st. An employee will lose the two hundred-dollar ($200.00) incentive payment ifhe loses more than eight (8) accumulative hours in the calendar year, january 1st through december 31st. 14 gca – operating engineers local 15-c – 2022 section 5 – holidays the following eleven (11) holidays shall be the only holidays observed in this agreement: new year’s day martin luther king jr. Day president’s day (3rd monday in february) memorial day fourth of july (independence day) labor day columbus day armistice day (veterans’ day) thanksgiving day day after thanksgiving clu-istmas day all employees covered by this agreement shall receive eight (8) hours pay at the donble time rate and the double time fringe if the said above-mentioned holiday is worked. If the employee works four ( 4) days in a payroll week from a single employer and he or she does not work the said holiday, the employee shall receive eight (8) hours straight time pay and eight-hour (8) holiday stamp. There will be no benefit fund contributions on the annuity, vacation, apprentice and/or training funds, medical re-imbursement, pac, or defense funds. Said member will receive a holiday stamp, which shall include welfare, pension and supplemental dues only. When a member covered by this agreement is employed in a payroll week with said holiday the member shall receive two (2) hours pay plus two (2) hour holiday prorated stamp for each date worked in a payroll week (i. E. : one day -two (2) hours, two days – four hours, tluee days – six hours, four days – eight hours). During the week of thanksgiving/day after thanksgiving holidays if both holidays are not worked, employees that work one day in the. Payroll week shall receive six (6) hours of holiday pay and five (5) hours of holiday pay for each additional day worked that week, not to exceed 16-hours of holiday pay. Any of the aforementioned holidays that falls on a saturday will be observed in accordance with the new york state general construction law atiicle 2 section 24. When the holiday is worked and the operating engineer is unable to work then only the replacement operating engineer receives holiday pay. 15 gca- operating engineers local 15-c – 2022 section 6 – wages the minimum rate of wages to be paid employees covered by this agreement shall be in addition to all contributions to fringe benefit funds, dues checkoff and pac as provided for herein, as follows: working foreman those whose duties are to work and supervise all employees covered by this agreement. 07/01/22 07/01/23 07/01/24 07/01/25 effective da te thru thru thru thru 06/30/23 06/30/24 06/30/25 06/30/26 wage $61.59 $2.38 $2.38 $2.38 fringe benefits $36.03 subtotal $97.62 $100.00 $102.38 $104.76 hcif $0.30 $0.30 $0.30 $0.30 * the allocation of all negotiated sums shall be mutually agreed upon by the union and the employer. The working foreman shall also receive twenty dollars ($20.00) per week as a lump sum payment mechanic 07/01/26 thru 06/30/27 $2.38 $107.14 $0.30 those who are highly skilled and experienced in such areas as the maintenance, repair, welding, fabricating and rebuilding of all types of contractors’ equipment, or who are specialists in the maintenance or repair or rebuilding of one of the more complicated types of equipment handled by their employer, and who do not need immediate supervision for the successful performance of their duties. The driving of fuel, oil and grease trucks used to fuel and service contractors’ equipment. The operation of all hoisting devices such as overhead cranes, yard derricks, portable cranes, forklifts and similar equipment located on the employer’s premises. The performance of all types of all acetylene and electric welding in connection therewith. 16 gca – opera ting engineers local 15-c – 2022 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26 effective date thru thru thru thru thru 06/30/23 06/30/24 06/30/25 06/30/26 06/30/27 wage $59.25 $2.32 $2.32 $2.32 $2.32 fringe benefits $36.03 subtotal $95.28 $97.60 $99.92 $102.24 $104.56 hcif $0.30 $0.30 $0.30 $0.30 $0.30 * the allocation of all negotiated sums shall be made at a later date. Helper unskilled in the complete use of tools and lacking in sufficient experience and skill necessary to repair and rebuild contractor’s equipment, their duties are to generally aid and help mechanics, lubricate equipment, and drive maintenance and delivery vehicles which have a manufacturer’s rated capacity of less than two (2) tons, as well as repair tires on contractor’s equipment and vehicles. Helpers who drive trucks over two (2) tons shall be paid the equivalent of the mechanic’s rate. 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26 effective date thru thru thru thru thru 06/30/23 06/30/24 06/30/25 06/30/26 06/30/27 wage $52.68 $2.16 $2.16 $2.16 $2.16 fringe benefits $36.03 subtotal $88.71 $90.87 $93.03 $95.19 $97.35 hcif $0.30 $0.30 $0.30 $0.30 $0.30 * the allocation of all negotiated swns shall be made at a later date. Bhelper those whose duties shall be limited to inside shop learning under the more experienced guidance of the working foreman, mechanic and welder, including service responsibility, machine inspection, road testing, diagnostics, tire repair, acetylene and electric welding, and also learn parts order and invent01y control. 17 gca- operating engineers local 15-c – 2022 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26 effective da te thru thru thru thru thru 06/30/23 06/30/24 06/30/25 06/30/26 06/30/27 wage $21.28 fringe benefits $14.69 $0.88 $.088 $0.88 $0.88 subtotal $35.97 $36.85 $37.73 $38.61 $39.49 hcif $0.30 $0.30 $0.30 $0.30 $0.30 * the allocation of all negotiated sums shall be made at a later date. As of july 1, 2022, hourly fringe benefits for the b helper include annuity: $0.95; pac: $0.05; supplemental dues: $1.63; welfare: $10.51; pension: $1.50; national training fund: $0.05. It is agreed the amount of wage increases set forth in this agreement, and as between this agreement and the prior agreement between the parties, will be given to all employees covered by this agreement regardless of the fact that ce1iain individual employees are being paid over the minimum rate of their classification. Section 7 – conditions (a) any employee, irrespective of classification, shall operate all hoisting devices, such as overhead cranes, yard derricks, portable cranes, forklifts and similar equipment, located at an employer’s premises. (b) all mechanics and helpers shall furnish adequate standard and metric tools for the performance of their work up to and including 1 1/2″ wrenches, and 1/2″ drive socket sets. All other tools such as: impact wrenches, torque wrenches, taps, dies, electric drills, drill bits, drop lights, micrometers, electric and hydraulic testing gauges and devices, meters, easy-outs, hydraulic porto-powers, jacks, slings, shackles, creepers, shall be supplied by the employer, if needed. 18 gca- operating engineers local 15-c – 2022 ( c) any employee who is sent outside of greater new york and remains away overnight shall be paid his traveling expenses which shall include a reasonable amount for his meals and sleeping accommodations. ( d) any employee who furnishes his own automobile for the performance of his work shall be compensated by the employer at the rate of thirty-five cents ($0.35) per mile for the actual mileage covered. ( e) there will be a shop steward who will be appointed from the employees of the employer, by the union or its representatives, to attend to the interests of the union. For the performance of such duties, the employer shall allow a reasonable amount of time. (f) the shop steward shall be given the opportunity to work any overtime when three (3) or more men are working on the employer’s premises provided the steward is capable of performing the work and is not “bumping” another employee of the overtime. (g) employees are to provide an invent01y of their individual tools to the employer by july 30th of each year. Employees shall have said invent01y signed by the employer and themselves and are to keep a copy for their own records. Tools lost by fire, theft, overboard or by other reasons, beyond the employee’s control, shall be replaced by equal quality or paid for by the employer. Maximum liability of $4,000 to the employer unless otherwise agreed upon. Ifloss due to negligence on the part of the employee, the employee must replace his tools at his own expense. (h) only mechanics shall make road-service calls when only one (1) man is required. When two (2) or more men are required, the mechanic may be assisted by a helper. If an employer sends a helper on a service call alone, said helper shall be paid the mechanic’s rate for no less than eight (8) hours, provided he has worked three (3) hours or more on the service call, excluding 19 gca- operating engineers local 15-c – 2022 section 8 travel and lunch. If a mechanic covered by this agreement actually works tluee (3) hours, excluding travel time and lunch, outside the shop, he shall be paid the local 15 maintenance engineer rate for that day. (i) men who are injured during working hours and require medical treatment during the day, shall not sustain loss of pay for time spent at treatment facilities (hospital or md’s office), nor shall wages be deducted from their pay for the balance of the day on which the injmy occurred. When possible, employees shall return to work the same day. (j) when an employee is required to work eighteen (18) or more hours including travel time, and the next regular work shift or part of work shift will be lost because of loss of sleep, said employee shall be allowed to report to work up to four (4) hours late with no loss of pay. (k) no employee covered by this agreement shall be subject to a physical examination as a condition for employment. (i) no employee may take more than four (4) weeks vacation in a calendar year. Should the union knowingly allow its members to work for competitors of the pmiy of the first part, for a wage less than the wage established by this agreement or under conditions more favorable to the employer than the conditions established by this agreement, the wages and conditions contained in this agreement shall immediately be changed to conform to the more favorable conditions as shown to exist. Section 9 should the parties hereto be unable to agree on the changes as called for above, the question shall be referred to an umpire who upon hearing the evidence submitted by both sides shall render a decision. In the event the umpire finds in favor of the party of the first part, the wages and/or conditions affected shall be immediately changed to conform with the findings of 20 gca – operating engineers local 15-c- 2022 the umpire. The changes, wages and/or conditions shall then become a part of this agreement, binding on all parties hereto. All other terms and conditions of this agreement to remain in full force and effect. Section 10 any employee who performs work which is under the jurisdiction of this agreement and which is in direct violation with the wages and conditions of this agreement, will be subject to discharge. Section 11 – drug testing the employer and union agree that when required by a contract of any city, state, federal and/or quasi-public agency or public utility to test the employees covered by this agreement for drugs and/or alcohol abuse, they shall comply. The parties agree to establish a drug-testing program that complies with applicable dot regulations. The program shall apply only to individuals who are subject to dot regulations. Local 1 sc agrees to participate in the local 14 and 15 drug and alcohol testing program. Section 12 – employee assistance program labor and management agree that they will form an employee assistance program. If this program is found to be illegal, then another program shall be developed to conform to all laws and regulations. Program to be in place no later than january 1, 1991. 1. Where an employer has reasonable cause to believe that an employee is a drug abuser, substance abuser or alcohol abuser, the employer will immediately test the suspected employee at the employer’s cost. Should the test be returned with a negative result, the employee will be reinstated to his employment with back pay. If the test is returned with a positive result, then the employee will meet with the union’s employee assistance program director. 21 gca- operating engineers local 15-c – 2022 2. The union’s employee assistance program director will arrange for testing of the suspected abuser to determine whether the employee has a drug, substance or alcohol abuse problem. 3. If the test reveals that the employee is not a drug substance or alcohol abuser, he shall be immediately returned to work. 4. If the test reveals that the employee is a drug, substance or alcohol abuser, he will be suspended with no pay and the employee will be given the opp01tunity to participate in a rehabilitation program to suit his individual need under the guidance of the union’s employee assistance program director. 5. If the employee completes the rehabilitation program and subsequently tests clean of drug, substance or alcohol abuse, the employee shall be returned to his previous position. 6. Should the employee fail to meet with the union’s employee assistance program director or refuses to submit or paiticipate in the drug free workplace program, the detoxification program after testing positive for drug substance, or alcohol abuse, the employee shall be terminated without recourse to the grievance procedure contained in the collective bargaining agreement between the parties. 7. The cost of testing, detoxification or other services will be paid by the local 15c employee assistance program or by the local 15c welfare fund. 8. It is agreed that the procedure set fo1ih above shall be the exclusive procedure for resolving disputes concerning drug, substance or alcohol abuse and testing. Section 13 – protective clothing it shall be the responsibility of the employer to provide protective clothing for any employee when repairing machines that are engaged in hazardous/toxic waste removal on a city, state or federally designated hazardous/toxic waste site whether said equipment is on the 22 gca- operating engineers local 15-c- 2022 employer’s premises or on the jobsite, and it shall be the responsibility of the employee to wear said clothing. Section 14- vacation and sick leave legislation local i sc waives any right or entitlement for paid sick leave that may be provided by any city, state or federal law or regulation. The union acknowledges the provisions of the new york sick leave act (labor law sec. 196-b) and further acknowledges that employees covered under this agreement receive comparable benefits in lieu of the sick leave through the signatory employer’s contributions to the vacation fund on behalf of the employees. The union waives the provisions of the new york city earned safe and sick time act pursuant to nyc admin. Code section 20-916(a) and acknowledges that employees covered under this agreement receive comparable benefits in the form of the signatory employer’s contributions to the vacation fund on behalf of the employees. Section 15- paid family leave paid family leave in accordance with new york state’s paid family leave law shall be provided as a benefit through the welfare fund of the international union of operating engineers local l 5c. It is the intent of the parties that the obligation of the employer to otherwise provide this leave is satisfied through the benefit provided through the respective welfare funds. Section 1 – spirit of agreement articlex intent of agreement this agreement and all of its terms and provisions are based on an effort and a spirit of bringing about more equitable conditions in the construction industiy, and the language herein shall not be misconstrued to evade the principles or intent of this agreement. 23 gca – opera ting engineers local 15-c – 2022 section 2 – binding subcontractors and other firms the terms, covenants and conditions of this agreement shall be binding upon all . Subcontractors at the site to whom the employer may have sublet all or part of any contract entered into by the employer. The employer stipulates that any firm engaging in heavy construction in which it has or acquires a financial interest, shall be bound by all the terms and conditions of this agreement. Section 3 – execution of agreement this agreement shall be executed by both parties hereto. Article xi fringe benefit stamp fund section 1 – welfare fund contribution commencing july 1, 2022 through june 30, 2027, the employer agrees to pay the contribution to the welfare fund of the international union of operating engineers, locals no. 15, 15a, l 5c and 15d, on all hours paid, including overtime hours which shall be paid at the applicable overtime rate, to all the employees covered under this agreement employed within the jurisdictional te1titory of the union into a united states treasmy-approved joint welfare fund of the international union of operating engineers, locals no. 15, ! Sa, ! Sc, 15d (hereinafter “welfare fund”) to be administered by trustees, one-half of whom shall be designated by the union and one-half by the employers. Said welfare fund shall provide, without further contribution from either the employer or the employee, an approved plan of coverage as required by the new york state disability benefits law. Section 2 – pension fund contribution commencing as of july 1, 2022 the employer agrees to pay the amounts indicated herein on the straight time payroll of the employees working under this agreement employed within the jurisdictional territory of the union into the united states treasury-approved central pension 24 gca- operating engineers local 15-c – 2022 fund of the international union of operating engineers (hereinafter “pension fund”) which is administered by a joint board of trustees. Section 3 – computation and additional coverage (a) computation of welfare and pension fund contributions contributions for the welfare and pension funds provided for herein shall be at seventeen dollars and forty-one cents ($17.41) per hour, (welfare fund $10.76, pension fund $6.65) for the period july i, 2022 through june 30, 2023. The pension fund contribution shall be applied only to the straight time portion of the employee’s payroll and no contribution shall be made on the premium portion oftime and one-half rate, double time rate, or overtime of the payroll or on the contributions to the funds as provided for in section 4 through 11 of this article xl welfare fund contributions are to be paid on the total payroll of the employee, including the premium pmiion of the overtime rate. Any allocation changes to the contributions shall come from negotiated increases due july i, 2023, july i, 2024, july i, 2025 and july i, 2026. (b)coverage of additional employees under the welfare and pension funds every present and future salaried regular employee of the union, the welfare fund, the annuity fund and the apprentice fund (as provided for in the agreements between members of the gca and locals no. 15, 15a, 15c, and 15d of the international union of operating engineers, afl-cio), may patiicipate in the benefits provided herein for employees of the employer for whose benefit the aforementioned contributions are made to the welfare fund and to the pension fund provided that contributions at the rates hereinbefore stated are made to the welfare fund and to the pension fund for or on behalf of said employees of the union, the welfare fund, the annuity fund or the apprentice fund, by the respective employers of said employees on the basis of the actual hours for which they are paid to them or the maximum wage rate required to be paid pursuant to this agreement, whichever is lower. Coverage for the employees of the welfare fund may be indicated in the records of the welfare fund without actual payment of contributions on their behalf having been made. 25 gca operating engineers local 15-c 2022 section 4 – dues checkoff commencing july i. 2022 the employer agrees to include in the fringe benefit stamp the amounts of: $2.67 for each single time hour paid; $4.005 for each time and one-half hour paid; $5.34 for each double time. Hour paid; said amounts shall be included in the taxable portion of the employee’s wages, after signing of authorization form by the employee. Local no. 15c agrees to hold harmless the employer from any and all claims, actions and/or proceedings arising out of said dues checkoff. Any allocation changes to the dues checkoff shall come from negotiated increases due july 1, 2023, july i, 2024, july 1, 2025 and july 1, 2026. Section 5 – interest, costs, liquidated damages if an employer fails to pay contributions as provided for in sections 1, 2, 4, 6, 8 and 11 of this article xi when due, said employer may be required to pay on any amount adjudged due and unpaid: (a) annual interest at six percent (6%); (b) attorney’s fees for commencing and prosecuting a proceeding at law or equity, including insolvency proceedings but not to exceed one thousand dollars ($1,000), or five percent (5%) of any amount adjudged due and unpaid, whichever sum is greater; ( c) liquidated damages in the amount of ten percent ( i 0%) section 6 – annuity fund contribution commencing july 1, 2022 tlll’ough june 30, 2023 the employer agrees to pay the sum of: $10.75 per hour for each straight time hour paid; $16.125 per hour for each time and one-half hour paid; $21.50 per hour for each double time hour paid; 26 gca- operating engineers local 15-c- 2022 to each employee covered by this agreement working under the classification and jurisdictional territory of local no. L 5c, in stamps purchased from a united states treasury-approved joint international union of operating engineers, locals no. 15, 15a, 15c and 15d annuity fund (hereinafter “annuity fund”). Said stamps are to be placed in the employee’s weekly pay envelope, and shall be remitted to the annuity fund by the employee at such times as designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of locals no. 15, 15a, 15c and 15d, annuity fund may determine, as well as for the organization and administration of the amrnity fund. The amrnity fund shall be administered jointly by trustees, one-half of whom shall be designated by the union and one-half by the employers, pursuant to an agreement and declaration of trust. For the purpose of this section 6, locals no. 15, 15a, 15c and 15d shall be considered a contributing employer and shall make contributions on behalf of its foll-time employees, who are not members of another union for collective bargaining purposes. Any allocation changes to the contribution shall come from negotiated increases due july 1, 2023, july 1, 2024, july 1, 2025 and july 1, 2026. Section 7 – heavy construction industry fund in order to adequately protect the heavy construction industty and in the interests of the employees in the industry, each employer shall contribute to the heavy construction industry fund, effective july 1, 2022, thitty cents ($0.30) per hour worked. No contribution shall be made to this fund on the premium portion of double time or ovettime of the payroll of the employees covered by this agreement. This fund is designed for, but not limited to, the following purposes: 1) to increase employment opportunities through promotional activities which will increase the use of the industry and its employees covered under this agreement; 2) to acquaint employers and employees with the most efficient safety regulations for the safety of the employees as well as 27 gca- operating engineers local 15-c – 2022 the training of employees in first aid and other safety programs; 3) to conduct educational research directed at the utilization of new and safer machines and equipment for the protection of employees covered under this agreement; 4) to provide and further sound industiy labor relations through setting up and conducting grievance panels and arbitration for the expeditious and equitable hearings of the grievances of employees covered herein; 5) to assist in defraying the costs of the time spent by trustees representing management in c01mection with their work . For and attendance at trustee meetings of the pension fund, welfare fund, vacation fund and annuity fund in behalf of and for the benefit of the employees covered herein and 6) for the administrative costs in supervising and administering the above on behalf of this fund. Payment to this fund shall be by separate check to the order of the heavy construction industry fund and shall be included with payment for the fringe benefit funds, with all costs for clerical, legal and administrative services to be borne solely by the heavy construction industry fund. The fund agrees to indemnify and to hold harmless the union from any and all claims, actions and/or proceedings arising out of said fund. There shall be no commingling of the check with funds of the union. Each employer authorizes the collection of the contribution as outlined above per hour to this fund and each employer shall be bound by all the terms and conditions of the agreement and declaration of trust of the heavy construction industiy fund and by all by-laws adopted to regulate said fund. Section 8 – vacation benefit contributions commencing july 1, 2022, the employer agrees to pay the sum of: three dollars and ninety-five cents ($3.95) per hour for each straight time hour; five dollars and ninety-two and one half cent ($5.925) per hour for each time and one-half hour; seven dollars and ninety cents ($7.90) per hour for each double-time hour; 28 gca- operating engineers local 15-c-2022 (any allocation changes to the contribution shall come from negotiated increases due july 1, 2023, july 1, 2024, july 1, 2025 and july 1, 2026) to each employee covered by this agreement working under the classification and jurisdictional territory of local no. [sc, in stamps purchased from the united states treasury-approved welfare fund of the international union of operating engineers locals no. 15, 15a, ! Sc, and 15d (hereinafter welfare fund) identified in section 1 above for this separately identified and allocated vacation benefit contribution. Said stamps are to be placed in the employee’s weekly pay envelope, and shall be cashed by the welfare fund at such times designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the welfare fund may determine. Section 9 – fringe benefits funds the employer agrees to provide the union with reporting forms three (3) times per year, (april, august and december). Said reports will show name, social security number and hours and overtime hours worked. Section 10 – consolidated stamp payment of the welfare, pension, vacation, apprentice and training, dues checkoff, annuity, p. A. C. , national training fund and medical reimbursement account contributions shall be by the purchase of a consolidated stamp. Payment to the heavy construction industry fund is to be made by separate check. Section 11 the employer is bound by all the terms and conditions of the agreement and declaration of trust and plan with respect to each of the fringe benefit funds, which agreement and declaration of trust and plan are hereby made part of this agreement and shall be considered as incorporated herein. 29 gca- operating engineers local 15-c-2022 section 12 – political action committee commencing on july i, 2022 the employer agrees that there has been deducted from the wages of each employee covered by this agreement, working under any of the classifications as set forth in article ix, section 6 herein and jurisdictional territory of local no. ! Sc after proper execution by each employee of an authorization form for the sum of five ($0.05) cents per hour for each single time hour paid, seven and one-half ($0.075) cents per hour for each time and onehalfhour paid, and ten ($0.10) cents per hour for each double time hour paid. Local no. ! Sc agrees to indemnify and hold harmless the employer from any and all claims, actions and/ or proceedings arising out of said political action committee. Payment of said political action fund shall be by the purchase of a consolidated stamp. Any allocation changes to the political action committee deduction shall come from negotiated increases due july 1, 2023, july 1, 2024, july 1, 2025 and july i, 2026. Section 13 – apprentice and training fund contribution – local no. 15 commencing july i, 2022 and continuing through july 1, 2023 the employer agrees to pay the sum of: twenty cents ($0.20) per hour for each single time hour paid; thirty cents ($0.30) per hour for each time and one half-hour time hour paid; forty cents ($0.40) per hour for each double time hour paid further distribution to be made mutually between union and employer at a future date; to each employee covered by this agreement working under the classification and jurisdictional territory of locals no. 15-c, in stamps purchased from an united states treasury-approved international union of operating engineers, locals no. 15, isa, ! Sc, 15d apprenticeship, skill improvement and safety fund (hereinafter “apprentice fund”). Said stamps are to be placed in the employee’s weekly pay envelope and shall be remitted to the apprentice fund by the employee at such times as shall be designated by the trustees. Contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the 30 gca- operating engineers local 15-c-2022 apprentice fund may determine, as well as for the organization and administration of the apprentice fund. The apprentice fund shall be administered jointly by trustees, one-half of whom shall be designated by the union and one-half by the g. C. A. Pursuant to an agreement and declaration of trust. Section 14 – national training fund commencing july 1, 2022 and continuing through july i, 2023 the employer agrees to pay the sum of: five cents ($0.05) per hour for each single time hour paid seven and one-half cents ($0.075) per hour for each time and one-half hour paid ten cents ($0.10) per hour for each double time hour paid. Any allocation changes to the national training fund shall come from negotiated increases due july i, 2023, july i, 2024, july i, 2025 and july i, 2026. Section 15 – medical reimbursement fund commencing july i, 2022 and continuing through july i, 2023 the employer agrees to pay the sum of: ninety-five cents ($0.95) per hour for each single time hour paid. One dollar and forty-three cents ($1 .43) per hour for each time and one-half hour paid. One dollar and ninety cents ($1.90) per hour for each double time hour paid. Any allocation changes to the medical reimbursement fund shall come from negotiated increases due july i, 2023, july i, 2024, july i, 2025 and july i, 2026. 31 gca operating engineers local 15-c 2022 article xii surety bond . Every employer covered by this agreement shall provide a surety bond to guarantee payment of contributions to the funds as provided for in article xi, sections 1, 2, 4, 6, 8 and 11. Said surety bond shall be in the following amounts: an employer employing 1 to 25 employees an employer employing 26 to 50 employees an employer employing more than 50 employees article xiii $20,000 $30,000 $50,000 due to increased liability thrust upon employers by the multiemployer pension plan amendments act of 1980, it is agreed: efforts shall be undertaken to jointly monitor the minimum funding standards of the pension plan to assure it is never violated. Article xiv work stoppage for default in welfare and pension contributions whenever an employer is in default on payments to the welfare and pension funds referred to in article xi of this agreement, and reasonable notice of such default is given to the employer, the union may remove the employees from the work of said employer. If said employees who are removed remain on the work site during regular working hours, they shall be paid for lost time not to exceed three (3) days’ pay. Article xv legality any provision of this agreement which provides 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 is of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions which are hereby declared to be 32 gca- operating engineers local 15-c – 2022 of no force or effect because of restrictions imposed by law 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 provisions shall immediately become and remain effective during the remainder of the term of this agreement. In the event that there shall be changes in applicable laws as to union security, the parties shall renegotiate any provisions concerning union security. In the event that any provision of this agreement shall be declared to be in violation of law, the remaining provisions of this agreement shall continue in full force and effect. In witness whereof, the patties hereto have hereunder signed this agreement by their duly authorized representatives, the day and year first above written. The international union opera ting engineers local 15-c, afkcio by. Ll4, ~ thomas a. Allahan president & business manager ; i topher thomas recording corresponding secretary for and on behalf of and authorized by, the members of the general contractors association of new york, inc. And other employers who ha ve appointed the general contractors association of new york, inc. As their collective bargaining agent whose names are attached hereto in exhibit i. By~~- 33 robert g. Wessels executive director
