General contractors association – operating engineers – local 15-d agreement between members of the general contractors association of new york, inc. And the international union of operating engineers local 15-d, afl-cio july i, 2022 – june 30, 2027 local 15-d index page binding subcontractor and other firms 23 consolidated stamps 28 completeness of agreement 3 coverage of additional employees under the welfare and pension plan 24 declaration of principles 2 disputes 5 drug testing 18 emergency shutdown/storm warning language 11 employee assistance program 18 execution of agreement 23 fringe benefit funds 23 hcif 28 heavy construction work – employees covered 9 heavy construction industry jurisdiction panel 8 holidays 13 hours-wages-conditions 10 insurance 32 intent of agreement 22 jurisdiction 3 jurisdictional disputes 8 index legality no work stoppage other union agreements overtime paid family leave payment of wages political action committee procedures of grievance-arbitration purposes shifts spirit of agreement storage of tools and clothing term-renewal termination of employment during a work stoppage tunnel work union security – union visitation vacation and sick leave legislation v mying shift commencement welfare fund-new york state disability wages work stoppage for default in fringe benefit fund contributions 11 page 32 8 8 13 22 12 30 6 1 11 22 18 4 8 20 4 22 17 23 15 31 gca-operating engineers local 15-d – 2022 agreement made this 1st day of july, 2022 by and between the members of the general contractors association of new york, inc. (hereinafter “gca”) and other employers who are signatories to this agreement (hereinafter “employer”) and the international union of operating engineers, local no. 15-d, afl-cio (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, unnecessaiy and avoidable delays, which result in unnecessary costs and expenses 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 workmen; ( e) provide as far as possible for the continuous employment of labor; (f) provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon; (g) bring about stable conditions in the industiy; (h) keep costs of work in the heavy construction industiy 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, excavation and building foundation work, – 1 – gca-operating engineers local 15-d – 2022 (hereinafter “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. (j) the gca and local i sd agree to form a target committee to address nonunion competition in heavy construction. 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 industty. This agreement will be interpreted 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 machine1y, 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 performed and whether such work performed by an employee is, or is not, satisfact01y; – 2 – gca-operating engineers local 15-d – 2022 (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 recrnitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, lay-off and termination, and all other terms and conditions of employment. (h) the union shall provide, when requested, qualified and skilled people to each jobsite. Section 3 – completeness of agreement it is understood that the purposes and declaration of principles, herein set fmih, are a pmi of this agreement and said purposes and principles govern all parties hereto in the performance thereof and shall be complied with, as the conditions of this agreement. The pmiies hereto enter into this agreement and agree to carry out, conform and to comply with its terms and provisions as provided and set forth by reason of the mutual advantages of so doing and in order to effectuate and provide for the carrying out and putting into effect, during the term hereof, the purposes and principles of this agreement. Article ii jurisdiction this agreement covers work performed by the employer in new york city on heavy construction work, as hereinafter defined in a1iicle viii. If the employer engages in any class – 3 – gca-operating engineers local 15-d – 2022 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, providing said employees shall, as a condition of employment, seven (7) days after the date of execution of this agreement, or in the case of new employees, seven (7) days after the date of hiring, become members in good standing of the union during the term of this agreement. Such employment shall be under the terms, conditions and rates of wages hereafter provided, which terms, conditions and rates of wages have been arrived at and determined through bona fide collective bargaining between all parties to this agreement. 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 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. -4- gca-operating engineers local 15-d – 2022 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. Articlev 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, except as expressly provided for herein. The employer expressly agrees that it will not lock out its employees covered by this agreement. The union expressly agrees not to strike or in any other manner stop or hinder work covered by this agreement. It is agreed that under no circumstances shall there be strikes, lockouts or work stoppages, except as expressly provided for herein, 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 or arbitrator established hereunder within five ( 5) working days after such decision. If such decision involves back pay, then compliance shall be within ten (10) working days, unless appealed to a court of competent jurisdiction, which grants a stay and any other reason explicitly provided for in this agreement. – 5 – gca-operating engineers local 15-d – 2022 (3) anything in this agreement to the contrmy notwithstanding, theparties specifically agree that the employees may honor and refuse to cross a picket line placed by another building and/or construction trade union, which as of the date of this agreement is a member of the building construction trades council of greater new york (bctc) without violation of this agreement until or unless such picket line shall be found unlawful and/or is restrained in any way by a court of competent jurisdiction. 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 party 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 grievant 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. 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 – 6 – gca-operating engineers local 15-d – 2022 section 3 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 manner as he shall consider proper and shall serve as sole arbitrator of the dispute between the parties. After all the parties concerned have been notified in writing at least five (5) days prior to a hearing, 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 c01mection 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 maimer, meant to prohibit or restrict the union’s right to strike or withhold services upon the expiration of this agreement. The gca and union will form a standing conm1ittee to review, monitor and immediately act on all health and safety questions brought to the committee in accordance with applicable law. The unions designated the business managers of local no. 14 and local no. 15 as the union members of this committee. The gca also appoints two (2) gca committee members. – 7 – gca-operating engineers local 15-d – 2022 article vi jurisdictional disputes section 1 – heavy construction industry , jurisdictional panel the union and the gca shall establish as soon as possible a heavy construction industry jurisdictional panel. Said panel will consist of representatives of all the unions who have agreed to same and an equal number ofrepresentatives of the gca . . The panel will be fully empowered to render final and binding decisions on all jurisdictional matters in the heavy construction industiy. 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 workday on which the stoppage occurs, and will not have to pay these employees for any time during the period of the work stoppage. Section 3 – no work stoppage 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, as established in section i above. Article vii other union agreements it is agreed that the union will cany 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. – 8 – gca-operating engineers local 15-d – 2022 article viii heavy construction work – employees covered section 1 – heavy construction work heavy construction work where referred to in this agreement, is hereby defined as the construction of engineering structures and building foundations, exclusive of the erection of building superstructures, since this latter work is agreed to be a separate and distinct branch of the construction industry. Heavy construction layout, including all layout for neat lines, rough excavation, footings, piers, piles, caissons, anchor bolts, base plates, walls, major imbedded items, sluny walls, and any other procedures or items that require layout, shall be the jurisdiction of local no. 15-d, 1. U. O. E. The term “layout” shall include all line and grade for vertical and horizontal control. Section 2 – employees covered this agreement is applicable to qualified employees customarily and regularly engaged in field survey work and shall not apply to any field survey work beyond the control of the employer. The union agrees that it will not interfere with customs and practices of the heavybuilding construction industly. All survey instruments such as transits, levels, theodolites, lasers, piezometers, fathometers, distomats, geodometers, and any similar e. D. M. Equipment, used to establish, check or maintain line and grade, and the setting up of any robotic and laser scmming survey equipment and all ops survey equipment shall be covered by employees covered by this agreement and shall be the jurisdiction of local no. 15-d, international union of operating engineers. The term survey instruments shall not be limited to the above-mentioned equipment. Drones: in the event that a drone is used on a heavy construction project to perform survey work traditionally performed by local 15d, a qualified and licensed local 15d operating engineer will operate the drone. No additional maiming will be required. – 9 – gca-operating engineers local 15-d – 2022 rotating lasers: local i sd will setup and maintain line and grade. They will have no jurisdiction over lasers being used by building trades working adjacent to the heavy construction operation. Gps field computer: a gps field computer may be utilized on an intermittent basis for checking of work or in the same manner as a rotating laser when there is a full time survey crew employed. Establishing line and grade and all other layout shall be performed by iuoe local ! Sd. Ground penetrating radar (gpr) used for locating and mapping underground utilities and/or subsurface conditions when paired with a gps system. Exclusive ofhandheld machines, gpr is considered a survey instrument and shall be covered by employees covered by this agreement and shall be the jurisdiction of! Uoe local ! Sd. Section 1 – hours of work article ix hours-wages-conditions eight (8) hours shall constitute a day’s work. Forty ( 40) hours shall constitute a week’s work. 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. At the commencement of employment, an employee will be paid for days actually worked in the payroll week. At the termination of employment, an employee will be paid for days actually worked in the payroll week. If an employee is laid off from his work assignment or his services are not utilized and he is subsequently rehired or his services are again utilized within five (5) consecutive working – io – gca-operating engineers local 15-d – 2022 days on the same work assignment, said employee shall be paid for the actual working days for which he was not employed or utilized if he was not employed by another employer during the lay-off period. Storm warning: in the event of a storm warning issued by the national weather service, the gca will coordinate with the business manager for local 15d to discuss closing the job sites down for the storm duration. In the event that job sites are shutdown due to a storm, the operating engineers will be paid only for the hours worked in the week that the storm occurs. Emergency shutdown: in the event that a public official, including the president of the united states, the governor of the state ofnew york or the mayor of the city ofnew york or any other elected officials of any other jurisdiction in which local 15d members 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 15d’s work, classification or equipment to anyone other than local 15d members. If, during a period of emergency, the employer performs any work, or utilizes any classifications or equipment which falls under local 15d’sjurisdiction, then such work, classifications or equipment will be performed, manned and operated by members of local 15d in accordance with the local 15d gca heavy construction agreement. Section 2 – shifts (a) a single shift shall be a continuous nine (9) hours, starting at 8:00 a. M. , except when necessary to conform with the provisions of this article ix, section 7, including one (1) hour for mealtime. The mealtime may be curtailed by one-half (1/2) hour. (b) when two (2) shifts are employed, the work period for each shift shall be a continuous eight (8) hours. – 11 – gca-operating engineers local 15-d – 2022 ( c) when three (3) shifts are employed, each shift will work seven and one-half (7-1/2) hours but will be paid for eight (8) hours, since only one-half (1/2) hour is allowed for mealtime. (d) when two or more shifts are employed, single time will be paid for any of the shifts worked as long as a member of local 15-isa or local 15d is employed on any shift. (e) a week shall start at 8:00 a. M. Monday and end at 8:00 a. M. Saturday, except when necessmy to conform with the provisions of this article ix, section 7, subdivision (a). (f) when an employee is ordered out and reports on a saturday, sunday or holiday he shall receive eight (8) hours pay at the appropriate rate for that day, provided he performs work within the jurisdiction of this agreement. If the man leaves the work site of his own volition he shall. Not be paid. (g) all off shift work shall be paid at the rate of time and one-half for wages and time and one half for fringes. Section 3 – payment of wages all wages payable under this agreement shall become due and be paid on the job every week and not more than three (3) days’ pay shall be held back. Wages shall be paid at the employer’s option either in cash or by check, provided: the check is a todd insured abc system payroll check or a similar type of check, and the delivery of the checks shall be made at least one (! ) day preceding a banking day. If for any reason the employer terminates the services of any employee working under this agreement, the accrued wages of that employee shall be paid to him at the time of the termination of his employment, otherwise waiting time shall be charged for accrued wages. If – 12 – gca-operating engineers local 15-d – 2022 any employee shall, of his own volition, leave the service of his employer, then his employer may retain his wages until the next regular payday. Section 4 – overtime time and one-half shall be paid for all work performed 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 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. Section 5 – holidays holidays to be observed as such are: new year’s day martin luther king jr. Day president’s day (3rd monday in februmy) memorial day independence day (4th of july) labor day columbus day armistice day (veteran’s day) thanksgiving day day after thanksgiving christmas day (a) all employees covered by this agreement shall receive eight (8) hours pay at the double time rate and the double time fringe if the said above-mentioned holiday is worked. If the employee works four ( 4) days in the 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. – 13 – gca-operating engineers local 15-d – 2022 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, tlu-ee 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 article 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. If it is necessmy for the employees covered by this agreement to work on any of the above-mentioned holidays, even if the holiday occurs on a saturday or sunday, compensation shall be only at the double-time rate, and at the rate of triple time when working with members of the laborers international union of north america (hereinafter “laborers international) employed on tunnel work when said members of the laborers international are so paid triple time. (b) when the workday ends at 8:00 a. M. On a saturday, or a sunday, or a holiday, the employer may, at his discretion, define saturdays, sundays and holidays as beginning at 8:00 a. M. Of the saturday, or the sunday, or the holiday, and – 14 – gca-operating engineers local 15-d – 2022 continuing until 8:00 a. M. , of the following day, except when necessary to conform to the provision of paragraph 9(a) of section 7 of this article ix. ( c) the parties will meet at a pre-job conference to discuss an equal swap of holidays when working under a project labor agreement (pla) to match holidays in that pla. Section 6 – wages the rates of wages to be paid employees covered by this agreement shall be as follows: i. Party chief: 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 $77.31 $2.93 $2.93 $2.93 $2.93 benefits $42.62 subtotal $119.93 $122.86 $125.79 $128.72 $131.65 hcif $0.30 $0.30 $0.30 $0.30 $0.30 2. Instrument man: 07/01/22 07/01/23 07/01/24 07/01/25 . 07/01/26 effective date thru tluu thru tlm.1 tluu 06/30/23 06/30/24 06/30/25 06/30/26 06/30/27 wage $55.97 $2.40 $2.40 $2.40 $2.40 benefits $42.62 subtotal $98.59 $100.99 $103.39 $105.79 $108.19 hcif $0.30 $0.30 $0.30 $0.30 $0.30 – 15 – gca-operating engineers local 15-d – 2022 3. Rodman: 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26 effective date thru thru thru thru timi 06/30/23 06/30/24 06/30/25 06/30/26 06/30/27 wage $46.47 $2.17 $2.17 $2.17 $2.17 benefits $42.62 subtotal $89.09 $91.26 $93.43 $95.60 $97.77 hcif $0.30 $0.30 $0.30 $0.30 $0.30 4. Rodman recruit: when a heavy construction project bid price meets the thl’eshold for a working foreman maintenance engineer and thl’ee (3) survey crews are employed (including subcontractors) on said project, a rodman recruit shall be employed. Said rodman recruit may be utilized among all crew as needed with no limitations. A single party chief working with robotie instruments or a party chief working with a transitman shall count as a survey crew. Said rodman recruit will come from an accredited program or will have performed similar work in heavy construction. Local 15-d will develop a qualified pool of candidates for contractors to employ. The rodman recruit title shall be paid an hourly wage of $25.00 per straight time hour. In addition to the hourly rate, rodman recruits shall receive fringe benefit stamps in accordance with the collective bargaining agreement. The rodman recruit title will apply to an individual for up to one (i) year. The employers are at liberty to discharge whomsoever they see fit, and the employer shall at all times be the sole judge as to the work performed and whether such work is or is not satisfactmy. All other terms and conditions of the iuoe local 15-d/gca collective bargaining agreement shall apply. 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 $25.00 benefits $42.62 tbd tbd tbd tbd subtotal $67.62 hcif $0.30 $0.30 $0.30 $0.30 $0.30 – 16 – gca-operating engineers local 15-d – 2022 it is agreed that the amount of wage increases set forth in this agreement, and as between this agreement and the prior agreement will be given to all employees covered by this agreement regardless of the fact that certain individual employees are being paid over the minimum rate of their classification. Section 7 – conditions – varying shift commencement (a) it is understood and agreed that, because of job logistics, statutes, laws, ordinances, regulations and contractual requirements of various federal, state, city and public authorities, governing the performance of work covered by this agreement, requiring the vatying of shift commencement, shift hours shall be varied between 7:00 a. M. And 9:00 a. M. For all the work crew to conform with said job logistics, statutes, laws, ordinances, regulations and contractual requirements and such shift work will be paid for at the single time rate, in conformity with the terms contained in this agreement. For tide work, a shift period may be between 5:00 a. M. And 5:00 p. M. And shall be paid at the straight time wage and benefit rate. (b) each field party shall have a working chief of party who shall perform any work function as provided for under this agreement which may be assigned to him. However, certain field work assignments will not require a chief of party, such as settlement work, pile cutoff work, grade stake replacing, and gauge reading. ( c) if an employer designates an employee other than a driller to keep progress reports with respect to a churn-drilling machine utilized on caissons, said employee shall be covered by this agreement. ( d) while a transit, or a level, or a theodolite is used for settlement work such as load tests, an instrument man covered under this agreement shall be required to assist in the operation of said tests on the job site during the period when – 17 – gca-operating engineers local 15-d – 2022 the transit or level or theodolite is utilized. Said instrument man will at all times be transferable among the employer’s projects. ( e) a rodman cannot be used as an instrument man, except when training under the direction of an instrument man. ( f) if an employee agrees to use his personal vehicle to perform his duties during the workday, he shall be compensated at the rate of fifty dollars ($50.00) per day for use of said vehicle. It shall not be a condition of employment for an employee to use his personal vehicle. (g) if it is necessmy for employees covered by this agreement to work in inclement weather, the employer shall furnish these employees with suitable raingear: hat, coat, pants and boots. (h) the employer shall make available on the job site a change house suitable and adequate to change clothes and keep tools, if supplied to other trades. (i) 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 gca and local 15d agree to form a committee to develop a drug and alcohol testing program. (j) 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 janumy i, 1991. 1. Where an employer has reasonable cause to believe that an employee is a drug abuser, substance abuser or alcohol abuser, the employer can – 18 – gca-operating engineers local 15-d – 2022 suspend the suspected abuser, with pay not to exceed three (3) days, and require that the employee meet with the union’s employee assistance program director. 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. Lfthe 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 oppmtunity 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 to testing for drug, substance or alcohol abuse, or refuses to participate in the drug free workplace program, or 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 no. 15 employee assistance program or by the local no. 15 welfare fund. – 19 – gca-operating engineers local 15-d – 2022 8. It is agreed that the procedure set forth above shall be the exclusive procedure for resolving disputes concerning drug, substance or alcohol abuse and testing (k) when a boat is used for surveying purposes, the boat shall be operated by the survey crew. Section 8 – tunnel work (a) employees covered by this agreement when actually working in shafts and tunnels employing employees covered by the compressed air and free air tunnel workers union local 147 afl-cio (hereinafter “local 147 agreement”) must continue to perform their work duties at the employer’s option in accordance with the present procedures and pay premiums established under the local 14 7 agreement as to: 1) hours of work i) free air tum1el projects – eight (8) hours per day. Ii) compressed air tunnel projects – six (6) hours per day for employees on call to work under compressed air daily; said employees would remain in compressed air for a period not to exceed the following schedule: degree of pressure 0 lb. But less than 18 lbs. 18 lbs. But less than 26 lbs. 26 lbs. But less than 31 lbs. 31 lbs. But less than 36 lbs. 36 lbs. But less than 41 lbs. 41 lbs. But less than 46 lbs. 46 lbs. But less than 50 lbs. Maximum hours working in compressed air exclusive of decompression time 4 4 3 2 1-1/2 1 emergency during the period an employee is not working under compressed air he will perform all required duties during his six ( 6) hours per day shift. – 20 – gca-operating engineers local 15-d – 2022 employees who are not on call to work under compressed air daily shall work eight (8) hours per day shift. 2) tmmel work – shooting cycle; 3) lunch period and assignment of employees to a lunch period; 4) lunch period in the tunnel; 5) relieving of gangs at the heading or working points designated by the employer. (b) on multiple shift tunnel work, the employer will employ in the tunnel a shift engineer on all shifts whose duties will include incidental survey work and such other duties as the employer may assign, such as advancing line and grade, the general practice of painting the heading, and working with the survey crew when said crew is working in the hole provided his services are not needed in the heading and record keeping. Said shift engineer shall be paid the party chief rate. ( c) this shift engineer shall not be a supervisor, or managerial employee, nor shall he be regarded as a project engineer nor assistant project engineer and such engineers are specifically excluded from this agreement. When the work in the tmmel, as determined by both paities, does not warrant the employment of this shift engineer, the employer will not be obliged to employ the shift engineer. The survey crew or shift engineer will set up and remove the laser on all projects. While the laser is in operation, it will be covered by a shift engineer or a member of the survey crew on the job. If more than one laser is utilized by an employer it will be covered by the shift engineer or survey crew in accordance with job needs. ( d) the employer shall make available on the jobsite a heated change house with hot and cold water and individual lockers when given to other trades. – 21 – gca-operating engineers local 15-d – 2022 (e) local no. 15-d agrees that there shall not be any premiums paid for use ofa mole and/or digger shield in tunnel work. Section 9- vacation and sick leave legislation local 15d 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 fmiher 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 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 signatmy employer’s contributions to the vacation fund on behalf of employees. Section 10- 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 15d. 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 industry, and the language herein shall not be misconstrued to evade the principles or intent of this agreement. – 22 – gca-operating engineers local 15-d – 2022 section 2 – binding subcontractors and other finns 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 work, in which it has or acquires a financial interest, shall be bound by all of the terms and conditions of this agreement. Section 3 – execution of agreement this agreement shall be executed by both pmiies hereto and countersigned by the duly authorized officers of the international body or bodies governing the local union. Article xi fringe benefit funds section 1 – welfare fund contribution commencing july 1, 2022 and continuing tluough june 30, 2027 the employer agrees to pay the amounts indicated herein on the total payroll of the employees covered under this agreement employed within the jurisdictional territory of the union into a united states treasury-approved welfare fund of the international union of operating engineers, locals no. 15, 15-a, 15-c, 15-d (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 contributions from either the employer or the employee, an approved plan of coverage as required by the new york/new jersey state disability benefits laws. Section 2 – pension fund contribution commencing as of july 1, 2022 and continuing tluough june 30, 2027, 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 – 23 – gca-operating engineers local 15-d – 2022 states treasury-approved central pension fund of the international union of operating engineers (hereinafter “pension fund”) which is administered by a joint board of trustees. Section 3 (a) computation of welfare and pension fund contributions contributions for the welfare and pension funds as provided herein shall be: welfare fund pension fund 07/01/22- 06/30/23 $12.55 per hour 07/01/22-06/30/23 $7.39 per hour 07101/23 – 06/30/27 to be determined 07/01/23 – 06/30/27 to be determined from july i, 2022 through june 30, 2027, welfare fund contribution shall be made on the total payroll of each employee. Pension fund contribution, for the period july 1, 2022 through june 30, 2027 are to be made on straight time payroll of each employee, and no contribution shall be made on the premium portion of the double-time or overtime payroll. (b) coverage of additional employees under the welfare and pension plan eve1y present and future salaried regular employee of the union, the welfare fund, the annuity fund, and the apprentice and training fund may participate 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, and the apprentice and training fund by the respective employers of said employees on the basis of the actual hours paid to them or the maximum rate required to be paid pursuant to this agreement, whichever is lower. – 24 – gca-operating engineers local 15-d – 2022 the regional director of the international union of operating engineers for the new york district and his staff may participate in benefits under the welfare fund provided contributions on their behalf are made by locals no. 15, 15-a. 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. Section 4 – vacation benefit contribution commencing july 1, 2022 through june 30, 2023, the employer agrees to pay the sum of: four dollars and fifty cents ($4.50) per hour for each single time hour paid (includes five cents ($0.05) per hour for each single time hour paid for the political action committee fund); six dollars and seventy-five cents ($6.75) per hour for each time and one-half hour paid for the vacation benefit contribution (includes seven and one-half cents ($0.075 per hour for each time and one-half hour paid for the political action committee fund. ); nine dollars ($9.00) per hour for each double time hour paid for the vacation benefit contribution (includes ten cents ($0.10) per hour for each double time hour paid for the political action committee fund. ). To each employee covered by this agreement working under the classification and jurisdictional territory of local no. 15-d, in stamps purchased from the united states treasuryapproved welfare fund of the international union of operating engineers, locals no. 15, 15-a, 15-d (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 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 welfare fund may determine. – 25 – gca-operating engineers local 15-d – 2022 any allocation changes to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024, july i, 2025 and july 26. Section 5 – apprentice and training fund contribution commencing july 1, 2022, the employer agrees to pay the sum of: eighty cents ($0.80) per hour for each single time hour paid; one dollar and twenty cents ($1.20) per hour for each time and one-half hour paid; one dollar and sixty cents ($1.60) per hour for each double time hour paid. These sums shall be paid to each employee covered by this agreement working under the classification and territorial jurisdiction of local no. 15-d in stamps purchased from a united states treasury-approved international union of operating engineers, locals no. 15, 15- a, 15-d 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 are 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 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 employers, pursuant to an agreement and declaration of trust. Any allocation changes to the fund shall come from negotiated increases due july 1, 2023, july 1, 2024, july i, 2025 and july 2026. Section 6 – dues checkoff the employer agrees to pay to each employee covered by this agreement working under any of the classifications as set forth in article ix, section 6 (a) herein and territorial jurisdiction of local no. 15-d and pay to said local no. 15-d after proper execution by each employee of an authorization for the sum of: – 26 – gca-operating engineers local 15-d – 2022 commencing july 1, 2022 three dollars and eighteen cents ($3.18) for each single time hour paid; four dollars and seventy-seven cents ($4.77) for eaeh time and one-half hour paid; six dollars and thirty-six cents ($6.36) for each double time hour paid; which sums shall constitute a part of said employee’s locals no. 15, 15-a, 15-d union dues. Locals no. 15, 15-a, 15-d agree to indemnify and 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 1, 2024, july 1, 2025 and july 1, 2026. Section 7 – annuity fund contribution commencing july 1, 2022 and continuing through june 30, 2023 the employer agrees to pay the smn of: thirteen dollars and forty cents ($13.40) per hour for each single time hour paid; twenty dollars and ten cents ($20.10) per hour for each time and one-half hour paid; twenty-six dollars and eighty cents ($26.80) per hour for each double time hour paid; to each employee covered by this agreement working under the classification and territorial jurisdiction of local no. 15-d in stamps purchased from a united states treasuryapproved joint international union of operating engineers, locals no. 15, 15-a, 15-d annuity fund. Said stamps are to be placed in the employee’s weekly pay envelope and shall be remitted to the local no. 15-d annuity fund by the employee at such times as shall be designated by the trustees. – 27 – gca-operating engineers local 15-d – 2022 contributions of the employer shall be used exclusively to provide benefits in such amount or amounts as the trustees of the annuity fund may determine, as well as for the organization and administration of the annuity fund. The annuity 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 7, locals no. 15, 15-a, 15-c, 15-d shall be considered a contributing employer and shall make contributions on behalf of its full-time employees, who are not members of another union for collective bargaining purposes. Any allocations to the funds shall come from negotiated increases due july i, 2023, july i, 2024, july i, 2025 and july i, 2026. Section 8 – consolidated stamp payment of the welfare, pension, vacation, apprentice and training, dues checkoff, medical reimbursement, national training fund, defense/target fund, p. A. C. And annuity 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 9 – heavy construction industry fund in order to adequately protect the heavy construction induslly and in the interests of the employees in the induslly, effective july i, 2022 each employer shall contribute to the heavy construction industry fund thirty cents ($0.30) per hour. No contributions shall be made to this fund on the premium portion of double time or overtime of the payroll of the employees covered by this agreement. This fund is designed for, but not limited to, the following purposes: i) to increase employment opportunities through promotional activities which will increase the use of the indust1y 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 the training of employees in first aid and other safety programs; 3) to conduct educational – 28 – gca-operating engineers local 15-d – 2022 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 to further sound industry labor relations through setting up and conducting grievance panels and arbitrations 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 connection with their work for and attendance at trustee meetings of the pension fund, welfare fund, vacation fund, training 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 industty fund and shall be included with payment for the fringe benefit stamps, with all costs for clerical, legal and administrative services to be borne solely by the heavy construction industty 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 voluntarily authorizes the collection of the contribution of thitty cents ($0.30) per hour effective july 1, 2022, 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 industty fund and by all by-laws adopted to regulate said fund. Section 10 the employer is bound by all terms and conditions of the agreement and declaration of trust and plan with respect to each of the fringe benefit funds, which agreements and declarations of trust and plans are hereby made part of this agreement and shall be considered as incorporated herein. – 29 – gca-operating engineers local 15-d – 2022 section 11 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 12 – political action committee fund commencing on july 1, 2022 and continuing through june 30, 2023, 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. 15-d after proper execution by each employee ofan authorization for 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, and ten cents ($0.10) per hour for each double time hour paid. Local no. 15-d 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 committee fund shall be by the purchase of a consolidated stamp. Any allocation changes to the fund shall come from negotiated increases due july 1, 2023, july i, 2024, july 1, 2025 and july i, 2026. Section 13 – defense/target fund of: commencing july i, 2022 through june 30, 2023, the employer agrees to pay the sum 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; – 30 – gca-operating engineers local 15-d – 2022 any allocation changes to the fund shall come from negotiated increases due july 1, 2023, july 1, 2024, july 1, 2025 and july 1, 2026. Section 14 – national training fund commencing july 1, 2022 through june 30, 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 fund shall come from negotiated increases due july 1, 2023, july 1, 2024, july 1, 2025 and july 1, 2026. Section 15 – medical reimbursement fund commencing july i, 2022 through june 30, 2023, the employer agrees to pay the sum of: seventy cents ($0.70) per hour for each single time hour paid; one dollar and five cents ($1.05) per hour for each time and one-half hour paid; one dollar and forty cents ($1 .40) per hour for each double time hour paid; any allocation changes to the fund shall come from negotiated increases due july 1, 2023, july 1, 2024, july 1, 2025 and july 1, 2026. Article xii 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. – 31 – gca-operating engineers local 15-d – 2022 article xiii 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 ofno 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 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 conrt of highest recourse to be legal or permissible, then any such provisions shall immediately become and remain effective dnring 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. Article xiv insurance the employer, by virtue of signing this agreement, agrees to obtain “broad form comprehensive general liability endorsement – additional person insured” for employees under this agreement. This coverage is provided only during the term of this agreement. Each employer shall furnish a written confirmation of this coverage to the union. Article xv public works/prevailing wage clause in the event any federal, state or local legislation governing public works prevailing wage standards or their methods of calculation is enacted, the pmiies hereto agree that they shall meet solely to renegotiate any such part or provision of this agreement to the extent that such negotiations are necessary to address such legislation governing public works prevailing wage – 32 – gca-operating engineers local 15-d – 2022 standards or their methods of calculations. For all other purposes, this agreement shall remain in full force and effect and not subject to the negotiations identified herein. In witness whereof, the parties hereto have hereunder signed this agreement by their duly authorized representatives, the day and year first above written. The international union of operating engineers, local 15-d, afl-cio by/z-4~ thomas a. Callahan president and business manager recording corresponding secretary – 33 – 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~ robert g. Wessels . 7 executive director
