Memorandum of agreement between international union of operating engineers local 14-14b and local 15-lsa and the general contractors association of new york, inc. (“gca”) dated: june 22, 2022 1. The five (5) year collective bargaining agreement shall be effective july i, 2022 and shall expire june 30, 2027. 2. The monetary total wage and benefit package increase, effective july i st of each year, is two and a half percent (2.50%), not compounded, and based on the total package of wages and benefits in effect on june 30, 2022. The following work rule changes apply to projects bid on or after july i, 2022; these changes shall not be used to displace any operating engineer employed as of june 30, 2022. 1. Modify current language throughout the agreement: all track backhoes over e(), ()go-la& 75,000 lbs. Shall be operated with one (1) local 14-14b operator and one (i) local 15 service mechanic. 2. New paragraph: effective july 1, 2022, a service mechanic shall maintain any combination of two (2) crawler cranes only having a straight lattice boom with no attachment or luffing boom, no jib and no other auxiliaiy attachments and/or excavators 75,000 pounds and over plus a combination of two (2) pumps, light towers and/or heaters provided the service mechanic is paid the 3b maintenance rate. A service mechanic may also perform maintenance duties provided he is paid the 3b maintenance rate. If a third machine is added, a crawler crane as forementioned above or excavator over 75,000 pounds, an apprentice shall be employed at the proper rate (i. E. : 1st year, 2nd year, 3rd year, 4th year). Said apprentice may maintain, 1 light tower, 1 pump or i heater. When a fourth machine is added to the count, a 2nd service mechanic will be employed. When a 5th machine is added said 2nd serviee mechanic will receive 3 b maintenance rate. When a 6th machine is added a 2nd apprentice shall be employed. Additional maiming will follow this formula 3. When using a vibrato1y hammer with a che11’ypicker, the operation should be maintained by the crew and remain the jurisdiction of the operating engineers. 4. Concrete pnmp- when a tow behind line concrete pump with a maximum output of 40 cubic meters per hour (40 m3/h) or less is utilized on a job site two (2) days in the calendar week it shall be operated by one (! ) local 14 or one (1) local 15 operating engineer for this said day. If it is utilized three (3) or more days in the calendar week, it will be manned by a crew one (i) local 14 and one ( 1) local 15 operating engineer. The said manning will be determined by either local 14 or local 15 business i representatives. This is not applicable to any other operating engineer locals or the gca tunnel section of this said agreement. 5. On drill rigs staffed by two operators, auxiliary equipment including compressors, grout pumps, horizontal silos, pumps related to drill spoils, water pumps used in drilling operations and welding machines in drilling operations when local 15 is on the arc will be maintained with no additional manning. Concrete plants, jet grouting plants and “zim” mixers are excluded. If additional manning should be required other than that specified above a local 14 operator shall be employed. 6. One local 15 operating engineer can maintain up to twenty-five (25) light towers and shall be paid the generator rate. 7. For projects bid on or after july i, 2022, the master mechanic/shop steward and working foreman maintenance engineer will be hired when a count of five (5) six (6) or more members of local no. 14-14b and/or local no. 15-15a operating machineiy under the jurisdiction of local no. 14-14b and/or local no. 15-15a are employed subject to the exclusions listed below. 8. As of july 1, 2022, the value of projects requiring a master mechanic and working foreman maintenance engineer shall be $100,000,000. The value of the projects will then increase by five million dollars ($5,000,000) on july 1’1 of each year of the term of this agreement. 9. Design build and/or alternative delive1y methods: where a project is appropriately classified as a “design/build” and or “alternative delive1y methods”: design cost and inspection costs will be excluded from the total gross contract value for the purposes of determining the value for the master mechanic/working foreman maintenance engineer. 10. If two (2) or more shifts are utilized and a master mechanic/ shop steward is employed on the first shift, then the employer shall employ a working foreman maintenance engineer/mechanic/shop steward for each of the second and third shifts. Effective july 1, 2018, when a working foreman maintenance engineer/mechanic/shop steward is employed on a second (2nd) or third (3rd) shift, he/she will maintain up to two (2) light towers. Effective july 1, 2022, the working foreman maintenance engineer shall be available to load and unload delive1y trucks. If two (2) or more shifts are utilized and a master mechanic/shop steward/working foreman maintenance engineer/mechanic/shop steward is employed on the first shift, then the employer shall employ a working foreman maintenance engineer/shop steward for each of the second and third shifts. On projects with a second and/or third shift when one piece of equipment under the jurisdiction of local 15 is employed the operator shall also fulfill the duties of the working foreman maintenance engineer/shop steward. When a second piece of equipment is put to work on the second and/or third shift the working maintenance foreman will revert to the traditional role of foreman/shop steward and will be replaced on the machine. – initialed b “. ~–. : : _. L–t-1; ‘. -\, l-____: c_-‘– _ _,. , 2 11. On municipal projects with a contract value of ten million dollars ($10,000,000) or less an operating engineer can jump from machine a to machine b and back to machine a at no additional pay. 12. Varying shift commencement-amend this section 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. 13. Ny state paid sick leave – incorporate 196 language into cba local 14-14b and local 15-1 sa waives any right or entitlement for paid sick leave that may be provided by any city, state or federal law or regulation. The unions acknowledge 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 signato1y employer’s contributions to the vacation fund and/or annuity voluntmy fund on behalf of employees. The unions waive 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 and/or annuity voluntmy fund on behalf of employees. 14. Amend holiday section to: a. Lincoln’s bi1ihday is no longer an observed holiday. Mmiin luther king jr. Day is now an observed holiday b. 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, voluntary annuity, apprentice and/or training funds, medical re-imbursement, pac, defense fund or lmct 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, three 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 6 hours of holiday pay and five hours of foitillkd 3 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. 15. Local 15-isa maintains jurisdiction of walk behind/ride upon skid steers (ex: dingo type and machines of a similar nature). 16. All terms and conditions set out in this moa are contingent upon the ratification by the members of the respective parties. 17. The provisions noted in this moa are subject to final verbiage review by both the gca and the operating engineers. Agreed to on behalf of the general contractors assocation of new york, inc. By: robert g. Wessels executive director agreed to on behalf of the international union of operating engineers local 14-14b by: 9f5c~l edwin l. Christian business manager by: ~~~- john; ower~’ recording & corresponding secretary by: ~~ christopher confrey president 4 agreed to on behalf of the international union of operating engineers local 15-isa by: i_ ~/lfc_, , f thomas a. Callahan by —“~- ch t6pher r. Thomas president & business manager recording corresponding secretary initialed by: @~) 5
