Amendment
To
The General Contractors Association of New York Inc
and
New York District Council of Carpenters Local1456 Dockbuilders
Agreement
2006– 2011
This Amendment dated January 28, 2008 between the General Contractors
Association of New York, Inc. (“GCA”) and the New York District Council of Carpenters,
Local 1456 Dockbuilders (“District Council”), amends the collective bargaining agreement
for the period July 1, 2006 through June 30, 2011 and is applicable to Marine Divers and
Marine Diver Tenders. Both the GCA and the District Council agree that the amendment is
effective as of January 28, 2008 and is not retroactive.
Except as enumerated in this Amendment, all other provisions of the collective
bargaining agreement between the GCA and the District Council remain unchanged.
ARTICLE I
WAGES AND BENEFITS
All Divers and Tenders shall be paid on no less than eight (8) hour basis, per day.
Stand-By Time Payment— Divers
A Master Diver and Marine Diver shall receive the Marine Diver’s rate of wage for
Stand-By Time. A Marine Diver Tender shall receive the Marine Diver Tender’s rate of
wage for Stand-By Time.
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Marine Diver Wages and Benefits Rate (per hour)
| Effective Date: Hourly Wage |
7/1/07-6/30/08 $52.53 |
| Fringe Benefits Total Wage & Fringe H.C.I.F. |
$36.32 $88.85 $ 0.35 |
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Marine Diver Tender Wages and Benefits Rate (per hour)
| Effective Date: Hourly Wage |
7/1/07-6/30/08 $37.36 |
| Fringe Benefits Total Wage & Fringe H.C.I.F. |
$36.32 $74.10 $ 0.35 |
Wage rates and fringe benefit contributions shall be reallocated by the Union prior to
July 1 of each year of the Agreement.
Depth and Penetration Rates–Divers
In addition to the wage and benefit rates set forth in this Amendment, employees who
dive will be paid the following depth and penetration rates:
DEPTH RATES
Air Dives
| Oft.- 59 ft. 60 ft.- 74 ft. |
No depth rate 25 cents/ft./day from & over depths of 60 ft. |
75 ft.– 125 ft. 78 cents/ft./day from & over depths of 75 ft.
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Mixed Gas Dives
• 0 ft. – 74 ft No depth rate
• 75 ft. – 125 ft. 78 cents/ft./day from & over depths of 75 ft.
• On dives with depths of 126 feet to 200 feet, the additional pay shall be at the rate of
$1.60 per foot.
• Any dive over 200 feet shall be negotiated between the Diver and the Employer.
PENETRATION RATES
Penetration Dives
126 ft. to 200 ft. $1.00 per foot
• 201 ft. to 275 ft. $1.25 per foot
• 276 ft. to 350 ft. $1.50 per foot
• 351 ft. to 425 ft. $2.00 per foot
On Penetration Dives over 426 feet, the penetration rate will be a matter of
negotiation between the Diver and the Employer, but in no event shall it be less than the
maximum per foot rate set forth above, and the Diver will notify the District Council of the
rate agreed upon between the Diver and the Employer.
ARTICLE II
CONDITIONS-DIVERS AND TENDERS
(a) Diving Unit
A Master or Marine Diver and a Marine Diver Tender shall constitute a diving unit.
The Marine Diver Tender shall attend only one (1) Marine Diver at one (1) time. A Marine
Diver may serve as a Marine Diver Tender on any shift during which he is available to dive,
and Marine Diver shall be paid at the Marine Diver’s rate of wage, for any shift during which
he is employed exclusively as a Marine Diver Tender. On all dives where only one Dive
Team is needed, the Dive Team will consist of a minimum of three (3) people as determined
by OSHA regulations. On all construction jobs where one or more Dive teams are needed.
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they will always be assisted by Dockbuilders. A diver must be qualified to operate all life
supporting equipment, when applicable, as per O.S.H.A. and U.S. Coast Guard requirements.
(b) Varying Shift Commencement
It is understood and agreed that, because of certain ordinances governing certain
operations, such as blasting and similar operations, shift hours will be arranged to conform
with such regulations, and such shift work will be paid for at the single time rate, in
conformity with the terms contained in this Agreement. It is agreed that on tide work, the
Contractor can start his or her job according to tide schedules providing the eight-hour shift
starts and ends between the hours of 6:00 a.m. and 6:30 p.m. A Diver cannot work more than
eight hours in a 24-hour time period unless it is determined as overtime.
(c) Decompression Chamber
A Decompression Chamber will be available at a job site when decompression is
required by O.S.H.A. or U.S. Coast Guard requirements.
(d) Diver Employee Tools and Dressing Room
The Employer shall provide a suitable shed or room of sufficient size for the Divers’
tools and clothing when the project is operating and employees covered by this Agreement
are employed on the project. If an employee covered by this Agreement is storing his tools
and/or clothing in said facility, the Employer shall be responsible for the loss of said tools
and/or clothing due to fire, flood or theft, but such liability shall be limited to a sum not to
exceed:
| Tools: Overcoat: Clothing: Shoes: |
$300.00 $100.00 $100.00 $ 50.00 |
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Upon submission of appropriate proof of loss to the Employer following the
acceptance of said submission, the employee shall be paid immediately after proof of loss has
been determined.
(e) Equipment
Each Marine Diver and Marine Diver Tender shall furnish his own knife and
underwear. The Employer shall supply all equipment if they so desire, providing all
equipment meets OSHA safety standards and has all proper certifications. For all jobs bid by
the Employer after January 28, 2008, if the Diver is asked to supply equipment required to
function as a Marine Diver or Marine Diver Tender the payment to the Diver for providing
that equipment shall be based on the following:
Gear Rental;
Diver’s Hats– $50.00 Daily Rate
Diver’s Dress $50.00 Daily Rate
Diver’s Hats– $150.00 Weekly Rate
Diver’s Dress $150.00 Weekly Rate
j Diver’s Hat s $450.00 Monthly Rate
‘ Diver’s Dress $450.00 Monthly Rate
Diver’s full setup includes the following:
j Hat, Dress Compressor, Filter, Rack, Air Hose, Radio, Volume Tank
$ 250.00 Daily Rate
! $ 750.00 Weekly Rate
$2,250.00 Monthly Rate
The Employer shall pay the Diver(s) the weekly rate for equipment if the Diver(s)
provides his own equipment a minimum of three (3) days in one week The Employer shall
j pay the Diver(s) the monthly rate if the Diver(s) provide their own equipment a minimum of
three days(3) per week for three weeks in a month. A Diver shall not receive more than one
i Dive Rental payment per week and/or per month per Employer. In order to receive the Dive
Rental payment, the Diver’s gear must be in working order and must be current with all
required certifications.
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For all jobs in New York bid prior to January 28, 2008, the Employer shall pay the
following Gear Rental Rates:
Diver’s Hats – $25.00 Daily Rate
Diver’s Dress $20.00 Daily Rate
Full Setup (as Defined above): $125.00 Daily Rate
Divers shall not be eligible for retroactive adjustments to payments received prior to
January 28, 2008.
Payments to the Divers shall be made on either a weekly or monthly basis, if the
Diver will be consistently employed by the same Employer for that month. If the Diver is
laid off by the Employer at any time, any payment that is due to the Diver for Equipment
rental must be made by Employer at the time of layoff. The Union shall have the right to
bring a grievance against an Employer who fails to make payments to Divers pursuant to the
provisions of this Agreement.
In order to use their own equipment, a Diver must provide current certifications for
their equipment at the time of hire and must maintain those certifications during the course of
their work. The Diver shall be responsible for maintaining their certifications at all times.
Divers who cannot provide current certifications should not be permitted to use their own
equipment, and shall be required to use the Employer’s provided equipment in order to work
as a Diver. If the Employer requests the Diver to use his own equipment, the Employer shall
inspect the certifications at the time of hire and shall pay the Diver for the rental of the
equipment if the Employer is allowing the Diver to use his own equipment. When the Diver
uses his own equipment, the Employer shall pay the gear rental payment to the Diver.
Effective July 1, 2008, all Divers must provide current certifications from an
accredited independent testing facility that the Diver-provided equipment meets all
applicable OSHA, ANSI and US Navy diving standards. At minimum, certifications must
include:
a) semi-annual air quality tests as required by OSHA regulation
29 CFR 1910.430;
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b) all equipment using compressed air has been pressure tested to
a minimum of 1.5 times the working pressure as required by
OSHA regulation 29 CFR 1910.430
c ) diver’s helmet is in complete working order and free of dry rot
Tn addition. Divers shall be expected to replace their charcoal and particulate filters at
least once for every 200 hours of diving time. All tests of Diver-provided equipment shall be
at the Diver’s expense. The Diver shall make test records and/or logs readily available to the
Employer.
All repairs to Diver provided equipment shall be made at the Diver’s expense, unless
the equipment is damaged due to the Employer’s operations and the Diver immediately
reports the damage to the Employer.
(f) Physical Examination, First Aid Training & Training in Tools
All Marine Divers and Marine Diver Tenders should be certified as Divers. To be
considered qualified to dive, a Diver must show proof that he has had a physical exam
administered by a physician, as defined in O.S.H.A. (P. 1910. 411 Medical Requirements)
indicating he is medically fit to dive, within the last 12 months. In the case of hospitalization
for more than 24 hours the Diver must have an additional exam indicating his fitness. All
Marine Divers and Marine Diver Tenders must show proof of training or experience in all the
tools and diving operations and emergency procedures, as set forth in O.S.H.A. All Marine
Divers and Marine Diver Tenders shall show proof they have had First Aid Training
(American Red Cross Standard Course of equivalent) and training in Cardio-Pulmonary
Resuscitation to be considered qualified as set forth in O.S.H.A. All Marine Diver Tenders
should have training in a Diver Tender Course, which will be available at the New York
District Council of Carpenters Apprenticeship School.
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(g) Stand-by Time Divers and Tenders
Stand-by Time is defined as:
(1) time when a Marine Diver is requested to report to a job for consultation
but makes no descent; or
(2) time when a Marine Diver is requested to report to a job and through no
fault of his own makes no descent.
(h) Shifts – Divers and Tenders
(1) 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 II, Section (b). The
mealtime shall be one (1) hour, but it may be curtailed by one-half (/z) hour.
(2) When Inspection Dives or Investigation Dives, which can be completed within eight
(8) hours, are performed, for the sole purpose of determining underwater conditions
on any off-shift where no other trades are working, the following conditions shall
prevail:
a) No tools are to be utilized for construction purposes, only those tools which
are needed for the proper ascertaining of the underwater conditions of the site
to be inspected or investigated shall be used.
b) Ordinary diving gear and other appropriate safety gear which meet
governmental standards and codes and conform to all the requirements of this
Agreement may be worked or utilized.
(3) On all inspection dives where only one Dive Team is needed, there shall always be a
third person present at all times, for safety purposes.
(4) When any work is performed on off-shifts with other trades that receive premium
wages, then the employees covered by this Agreement shall also receive premium
wages. When divers and diver tenders are working off-shift and no other trade is
present and receiving premium wages, then said divers and diver tenders shall work
at straight time rates for the first eight (8) hours of said off-shift.
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a) When two (2) shifts are employed, the work period for each shift shall be a
continuous eight (8) hours.
b) When three (3) shifts are employed, each shift will work seven and one-half
(7!6) hours but will be paid for eight (8) hours, since only one-half (/2) hour is
allowed for mealtime.
c) When two (2) or more shifts of Marine Divers and Tenders are employed,
single time will be paid for each shift.
| d) | A week shall start at 8:00 am. Monday and end at 8:00 a.m. Saturday, except when necessary to conform with the provisions of this Article II, Section (b). |
| (i) | Overtime– Marine Divers & Tenders Time and one-half the wage rate shall be paid for all work performed in excess of |
eight (8) hours per day, and for all work performed on Saturdays. Work performed on
Sundays and holidays will be at the double time rate. No employee shall be required to work
more than ten (10) hours. When a Diver is required, in accordance with O.S.H.A. or U.S.
Coast Guard standards, to remain in a Decompression Chamber beyond his eight (8) hour
shift, such time shall be paid at the appropriate rate of pay, as provided herein.
ARTICLE ID
MOBILITY OF DIVERS AND TENDERS
This Agreement will reflect the mobility of Divers and Tenders as outlined in the
United Brotherhood of Carpenters and Joiners of America’s General Executive Board
Meeting. All Fringe Benefit Payments shall be made to the New York District Council of
Carpenters.
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THE DISTRICT COUNCIL OF
CARPENTERS OF NEW YORK
CITY AND VICINITY OF THE
UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS
OF AMERICA, FOR THE
DOCKBUILDERS, PIER
CARPENTERS, HOUSE MOVERS,
PILE DRIVERS AND FOUNDATION
WORKERS AND MARINE
CONSTRUCTORS LOCAL UNION
NO. 1456
THE DISTRICT COUNCIL
FOR AND ON BEHALF OF AND
AUTHORIZED BY THE MEMBERS
OF THE GENERAL CONTRACTORS
ASSOCIATION OF NEW YORK, INC.
AND OTHER EMPLOYERS,
GENERAL CONTRACTORS
ASSOCIATION OF NEW YORK
AS THEIR COLLECTIVE
BARGAINING AGENT, WHOSE
NAMES ARE ATTACHED
HERETO IN EXHIBIT I
BY „ _
CHRISTOPHER O. WARD
MANAGING DIRECTOR