GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS 2021
AGREEMENT
BETWEEN MEMBERS OF
THE GENERAL CONTRACTORS ASSOCIATION
OF NEW YORK, INC.
AND
THE DISTRICT COUNCIL OF CARPENTERS
OF NEW YORK CITY AND VICINITY
FOR DOCKBUILDERS LOCAL UNION NO. 1556
JUNE 1, 2021 – MAY 31, 2027
DOCKBUILDERS
INDEX PAGE
Apprentice Manning 34
Arbitration 50
Area Jurisdiction 4
Assessment 31
Auditing 47
Binding Subcontractors and Other Finns 38
Carpenter Contractor Alliance of Metropolitan New York, Inc.
(AKA “CCA METRO”) 49
Chum Drills Utilized on Caissons 20
Completeness of Agreement 4
Conditions 31
Creosote Pay 36
Declaration of Principles 1
Disputes 10
Drug and Alcohol Testing 35
Equipment 8
Equipment Usage 8
Funds – Contributions -Collection 41
Hardship And Advisory Committee 10
HCIF 53
Hazardous/Toxic/Contaminated Work Site 37
Heavy Construction Work – Employees Covered 21
Heavy Construction -Dockbuilding and Foundation Work 16
Holidays 29
Hours-Wages-Conditions 23
Intoxicating Beverages and Controlled Substances 35
Job Injury – Medical Attention 34
Jurisdictional Disputes 14
Legality 54
Liability for Subcontractors 44
Liquidated Damages 45
List of Employers who are delinquent in Payment
of Wages and/or Contributions to the Funds 40
List of Signatories to the Collective
Bargaining Agreement 40
Millwright Pile Driver Fund 50
New Equipment 8
New York State 53
No Lockout-Strike-Work Stoppage 10
No Work Stoppage 15
Off Shift 32
Other Drill Rigs 20
Other Union Agreements 16
Overtime-Flexible Lunch -Job Steward Hours 28
Payment of Wages 27
Procedures of Grievance-Arbitration 11
Purposes 1
Relief and Charity Fund 48
Saturday Make-up 36
Scope 14
Sharpening of Tools 34
Shifts 26
Size of Work Crews 36
Spirit of Agreement 38
Status Quo 14
Storage of Tools and Clothing 33
Supplemental Fund 48
Surety Bond 51
SWAC&TWIC 38
Terms of Agreement 7
Termination of Employment During a Work Stoppage 10
Timekeeping Devices 34
UBC Carpenters International Training Fund 50
Union Referral-Working Job Steward 21
Union Security – Union Visitation 6
Varying Shift Commencement 32
Welder-Burner 34
Welfare Fund-New York State Disability 44
Work Classifications-Wages-Total Fringes 30
Work Stoppage for Default in Fringe Benefit Fund
Contributions 45
GENERAL CONTRACTORS ASSOCIATION– DOCKBUILDERS – 2021
AGREEMENT made this 1st day of June 2021, effective June 1, 2021 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
District Council of Carpenters of New York City and Vicinity of The United Brotherhood of
Carpenters and Joiners of America, Washington, DC. (hereinafter “Union” and/or “District
Council”) Dockbuilders, Pier Carpenters, Shorers, House Movers, Pile Drivers and Foundation
Workers and Marine Constructors Local Union 1556.
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) (b) |
prevent strikes and lockouts; facilitate peaceful adjustment of grievances and disputes between the Employer, Employee and Union; prevent waste, unnecessary and avoidable delays, which result in unnecessary costs and expense to the Employer and Union, and the loss of wages and fringe benefits to the Employee; enable the Employer to secure at all times sufficient forces of skilled |
| (c) | |
| (d) |
Dockbuilders. When the Employer calls the District Council out of work list for
staffing, the District Council will refer staff skilled in the specific work being
performed by the Employer;
(e) provide as far as possible for the continuous employment of labor;
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
| (f) | provide that employment hereunder shall be in accordance with conditions and at wages and fringe benefits herein agreed upon; bring about stable conditions in the Industry; 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; continue the custom and practice heretofore prevailing for many years on Heavy |
| (g) (h) |
|
| (i) |
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.
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 interpreted under the following principles:
| (a) | that there shall be no limitation as to the amount of work an Employee shall perform during his or her working day, it being understood that said Employee shall perform a fair and honest day’s work, within the limits of safety; that there shall be no restrictions on the use of machinery, tools or appliances, |
| (b) |
within the limits of safety. If an Employee is required to use powder actuated
tools, he or she are to be qualified to use said powder actuated tools by securing
from the tool manufacturer, or equally responsible certifying agency agreed upon
by both parties hereto, an Operator’s Card or similar proof of qualification, and
the Union shall cooperate with the Employer and tool manufacturer in having the
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Employee expeditiously qualified. No powder-actuated tool shall be used that has
not been previously approved by the New York City Board of Standards and
Appeals;
| (c) | that there shall be no restriction on the use of any raw or manufactured materials, except prison made; that no person shall have the right to interfere with Employees or workmen during the working hours; that Employees are at liberty to work for whomsoever they see fit, and they are entitled to and shall receive the wages and fringe benefits agreed upon as hereinafter set forth in this Agreement; the Employers are at liberty to employ whomsoever they see fit, without regard to |
| (d) | |
| (e) | |
| (f) |
an individual’s placement or position on any out of work list maintained by the
union, may move personnel from job to job as needed, and may discharge any
employee provided that no person shall be discharged without good cause;
(g) that the Employer, to address the Owner’s job site access and security concerns,
may require employees to sign in and out from the job site if conditions warrant,
and further, that, if required in the contract between the Employer and the Owner,
may use standard biometric identity cards. Identity cards and signing in/out shall
not be used for timekeeping purposes;
(h) that the GCA, Employer and the Union agree that they have not, and will not
discriminate because of race, creed, color, national origin, age, sex, disability,
marital status, sexual orientation, citizenship status or union membership against
any individual.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
For the purposes of this Article, “citizenship status” means the citizenship of any
person or the immigration status of any person lawfully residing in the United
States who is not a citizen or national of the United States;
| (i) | that the Union shall in no way limit the Employer’s construction means and methods. |
Section 3 – Completeness of Agreement
It is understood that the Purposes and Declaration of Principles, herein set forth, are a
pail 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 parties
hereto enter into this Agreement and agree to carry out, conform and to comply with its terms
and provisions as provided and set forth herein 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.
The GCA acknowledges that if any of its members perform any work covered by any of
the trades affiliated with the New York City District Council, they will recognize the jurisdiction
of the District Council for that work.
It is understood by all parties that the GCA and its members recognize the provisions of
the Dockbuilder agreement and are not bound by the Independent Core Drillers agreement. All
past practices of the GCA with drilling assignments shall remain in place.
ARTICLE II
Area Jurisdiction
The GCA and any employer that may hereafter become a signatory to this Collective
Bargaining Agreement hereby acknowledge that the Union has claimed and demonstrated, and
the GCA is satisfied and acknowledges, that the Union represents a majority of the GCA
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
members’ Dockbuilders or said signatory Employer’s Dockbuilders in an appropriate bargaining
unit for the purposes of collective bargaining as specified in the NLRB’s Decision and
Certification of Representative in Trevon Construction Company, Inc., Reicon Group LLC,
Urban Foundation/Engineering LLC, and General Contractors Association of Greater New York,
Inc., et al., Case Nos. 22-RC-070080, 22-RC-070702, and 22-RC-070380. The GCA and its
members, as well as said signatory Employer, accordingly recognize the Union as the exclusive
bargaining agent under Section 9(a) of the National Labor Relations Act for all employees within
the Dockbuilders’ contractual bargaining unit with respect to wages, hours and working
conditions. The Employer recognizes the Union as the exclusive bargaining representative for
all its Dockbuilder employees who are performing covered work as defined in this Collective
Bargaining Agreement.
This Agreement shall cover work performed by or on behalf of a signatory Employer
hereto in the Heavy Construction field, as hereinafter defined in Article VIII, when said work is
to be performed in whole, or in part, within the territorial jurisdiction of the Union. Said
jurisdiction shall include:
In New York State, the Counties of:
| Bronx | Queens |
| Kings | Richmond |
| Nassau | Rockland |
| New York | Suffolk |
| Orange | Westchester |
| Putnam |
All the Islands in and all the waters of the adjacent harbors, the Rivers, Bays, Long
Island Sound and the Atlantic Ocean. Also, in the State of New Jersey, the following Counties:
GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
| Bergen | Morris |
| Essex | Passaic |
| Hudson | Union |
| Hunterdon | Somerset |
| Mercer | Sussex |
| Middlesex | Warren |
| Monmouth |
All of the Islands in and the adjacent Harbors, Rivers, Bays, Delaware River and the
Atlantic Ocean.
If the Employer engages in any class of work not embodied in Heavy Construction
Dockbuilding and Marine Foundation Work, as hereinafter defined, both parties shall comply
with all of the Union conditions then existing in that class of work.
The District Council has agreements in other areas of jurisdiction outside the five
boroughs of New York City. If a GCA member is working in an area outside of New York City
where there is a contract negotiated specifically for the jurisdiction covered by the New York
City District Council, the GCA member will be bound by that agreement with its wages and
conditions in that agreement.
ARTICLE III
Union Security – Union Visitation
Section 1 – Union Security
All Employees who are members of the Union at the time of the signing of this
Agreement shall continue membership in the Union. All other Employees covered by this
Agreement must become members of the Union on or after the seven (7) days following the
beginning of employment or the date of this Agreement, whichever is later, and must maintain
their membership in good standing in the Union as a condition of continued employment. If the
provisions for union security clauses are modified by Congress during the term of this
Agreement, this clause alone will be open for negotiation.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
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.
When visiting job sites, the DCC union representatives shall comply will all general
conditions of the job regarding passes, entrances to be used, safety equipment, dress and other
site access requirements the Owner requires of the job site workforce. The District Council
agrees to indemnify, defend and hold harmless the GCA, the Employer and the Owner from any
claims, except for grievances and grievance arbitrations allegedly arising in whole or in part
from the DCC union representatives’ visitation of job sites, interviews and other union-related
activities.
ARTICLE IV
Terms of Agreement
The terms of the agreement shall be from June 1, 2021 through May 31, 2027. The
annual monetary wage and benefit increase, effective July 1st of each year is to be as per the
following schedule, based on wages and benefits in effect as of May 31, 2021. This contract can
be reopened by mutual agreement at any time.
| July 1, 2021 1st Year = July 1,2022 2nd Year = July 1,2023 3rd Year = July 1,2024 4th Year = July 1,2025 5th Year = July 1,2026 6th Year = |
$2.00 per hour $2.00 per hour $2.00 per hour $2.00 per hour $2.00 per hour $2.00 per hour |
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Economic increases set for above are for all job classifications, inclusive of apprentices.
The economic increases on July lsl of each year through July 1, 2026 will be allocated or
reallocated by the NYC DCC among the wage and fringe benefit contribution hourly rates and
among the various fringe benefit funds.
ARTICLE V
Equipment
Section 1 – New Equipment
The parties to this agreement agree to establish a committee to discuss proposed
equipment additions and new technology. To promote the evolution of trade, the parties to this
agreement agree to train all personnel to use any new equipment that would replace any tools or
equipment traditionally used by members of Local 1556 in performing any trade jurisdiction as
defined in the agreement. Said committee shall have equal representation from the District
Council and the GCA.
Section 2 – Equipment Usage
Equipment shall be manned as follows, and shall not be used to displace any Dockbuilder that
was working prior to July 1, 2013:
| (a) | The crew size for the Sthilworker machine will consist of a minimum of two (2) |
| journeymen and one (1) foreman. | |
| (b) | The crew size for the use of a Back Hoe and Hydraulic Crane shall be a minimum |
of two (2) journeymen and one (1) foreman. When a hanging hammer is used on a
hydraulic crane, the Employer will increase the Dockbuilder manning as needed to assure
a safe operation.
(c) The crew size for the use of Fork Lifts or Front End Loaders for the driving of
piling shall be a minimum of two (2) journeymen and one (1) foreman.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
| (d) | The crew size for the use of the Juntann-type rig driving piles will consist of a |
| minimum of two (2) journeymen and one (1) foreman. | |
| (e) | The crew size for the use of the vibrohammer on backhoes shall consist of a |
| minimum of two (2) journeymen and one (1) foreman. | |
| (f) | On land or water, the manning for pile driving using a lattice boom crane driving |
a pile up to 60’ in length will be one (1) foreman and three (3) journeymen. When the pile
is over 60’ in length the crew shall be one (1) foreman, three (3) journeymen and a fourth
man who may be either an apprentice or a journeyman.
These duties shall include driving piles, the loading, unloading and handling of
materials to be used on the pile driver to which they are assigned, the cutting, welding,
burning and fitting and preparation for false work and piles performed on site, splicing of
piles, which have been driven by the pile driver to which they are assigned. While the
hammer is in operation, it shall be manned by not less than a Foreman and two
Journeymen Dockbuilders.
The size of the bull gang is not affected by any of the manning provisions
contained in this section.
The parties to this agreement agree to establish a committee to discuss proposed
equipment additions. Said committee shall have equal representation from the District
Council and the GCA.
If new machinery or modified equipment is to be utilized on a project, the District
Council is to be notified of the proposed use of said machinery and/or equipment by the
Employer and the Employer will discuss and come to agreement regarding the manning
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GENERAL CONTRACTORS ASSOCIATION– DOCKBUILDERS – 2021
of same with the District Council prior to designating and assigning employees to the
equipment.
The District Council will notify the GCA if it becomes aware of new or modified
equipment, and will discuss the manner of same with the GCA.
ARTICLE VI
Disputes
Section 1 – Hardship & Advisory Committee
The Hardship and Advisory Committee will have authority to address, in a timely
fashion, any undue hardships the collective bargaining agreement may impose on the Union, a
Contractor or the Association on an issue-by-issue basis.
The committee may modify terms and conditions to allow the association contractors to
better manage its particular project or to compete against unfair contractors on a site-by-site
basis.
All issues the Hardship and Advisory Committee reviews will be in writing and its
actions will be decided by a simple majority. All concerns brought before the committee will be
reviewed periodically. Repetitious issues can be recommended for inclusion in a subsequent
collective bargaining agreement.
The committee will meet, upon written request by the Association or the Union, within
three workdays. Such request, by fax, letter or email, shall state the project, location, local union,
contractor, subcontractor and brief summary of the question to be discussed.
Section 2 – 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
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
work stoppage. 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, 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 express agreement that the parties hereto will honor, obey, be bound by and
carry out such decision or determination upon any question or dispute which may be submitted.
The Union will not call or sanction any strike or concerted 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 3 – Procedures of Grievance – Arbitration
For the purpose of settling disputes between the parties hereto as to any claims or
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, 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, at a place designated by the party calling the grievance.
Grievances must be filed in writing, with e-mail constituting an acceptable
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
writing, and must be received by the GCA, the Employer and the Union within
forty-five (45) days of the Union or the GCA becoming aware of the alleged
occurrence. All grievance forms shall contain, at minimum, a written description
of the incident, the DCC trade involved, the date, time and location of the
incident, and must show the contact information and be signed by the Union
Representative, or the GCA if the Employer is bringing the grievance. No
grievance may be filed more than one year from the date of the alleged
occurrence.
(b) The Board deciding the grievance shall consist of two (2) representatives of each
party. No member of the Board may be a member of the Local Union or
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. At each grievance hearing, if an impasse is
reached, one of the arbitrators listed below will be chosen by random selection to
hear the grievance should it reach the arbitration stage. 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.
| (c) | Any grievance not resolved pursuant to (a) above, shall be submitted to arbitration before one of the following four arbitrators, who shall be chosen by random |
| selection: 1) Roger Maher |
2) Howard Edelman |
3) Richard Adelman 4) J. J. Pierson
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The arbitrator shall conduct a hearing in such manner as he or she shall consider
proper and shall serve as sole arbitrator of the dispute between the parties. 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 of New York or in a court of appropriate jurisdiction
in any state where such decision shall be rendered. The costs of arbitration,
including the arbitrator’s fee, shall be borne equally by the General Contractors
Association and the Union. It is the intent of the parties hereto that all disputes
between them, both within and outside of the Agreement, shall be submitted to
arbitration, as provided within, and that no defense to prevent the holding of the
arbitration shall be permitted. 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 General Contractors
Association.
(d) 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 or any extension
hereof or under the terms and conditions set forth in Article XII, Section 8 hereof.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Section 5 – 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.
ARTICLE VII
Jurisdictional Disputes
Section 1 – Scope
The Employers bound by this Agreement recognize the jurisdictional claims of the
United Brotherhood of Carpenters and Joiners of America. The Employers and the Union agree
that jurisdictional disputes on heavy construction projects shall be addressed in the following
manner:
(a) The first action to resolve a dispute will be a work site discussion among the
involved parties; the work site discussion should take place within 48-hours of the onset
of the dispute. If the work site discussion results in a resolution of the issue, there shall
be no further action taken by the involved parties.
(b) If work site discussions do not result in a satisfactoiy resolution of the issue, any of
the involved parties (the Employer, the District Council or the Union claiming the
District Council’s work may request a meeting with the GCA to resolve the dispute. All
work shall continue, and the assignment shall remain in place through the duration of the
dispute and if necessary, arbitration process.
The request for the meeting must be filed in writing and must set forth the type of
work being performed, the location and the nature of claim. The request must be sent to
the Employer, the involved unions and the GCA. Notices of disputes must be filed
within seven (7) calendar days of the incident leading to the dispute. Immediately upon
receipt of the dispute the GCA will schedule a meeting with the parties.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
(c) At the meeting, the parties to the dispute shall be given full opportunity to present
witnesses and/or documents supporting their position. The GCA will conduct the
mediation to bring the dispute to resolution. The resolution of the dispute shall be
documented and signed by all participants (i.e., the Union, the Employer and the GCA).
The decision shall become a precedent for the assignment of future work. No decision
shall involve the awarding of back pay.
If the mediation does not result in a satisfactory resolution or if the agreed upon
decision is not implemented within 72 hours after the parties have been notified of the
mediation decision, any party involved in the dispute may request that the dispute be
brought to arbitration.
(d) The arbitration process will work in the following manner:
The arbitrator shall be selected from a list of five that will be selected by the GCA and
the GCA’s signatory unions. The arbitrator chosen to hear a particular dispute shall be
selected randomly from the list. The hearing shall be conducted in accordance with the
procedures established by each arbitrator. The arbitrator’s decision shall be final and
binding upon the parties. The costs of arbitration, including the arbitrator’s fee, shall be
borne equally by the GCA and the party bringing the dispute to arbitration.
Section 2 – No Work Stoppage
It is agreed that when a jurisdictional dispute arises, there shall be no stoppage of work
by the District Council. The trade in possession of the work shall proceed with the work and the
question in dispute shall be addressed as provided above for the settlement of jurisdictional
disputes.
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ARTICLE VIII
Other Union Agreements
It is agreed that the Union and the Employer 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 Dockbuilding and Foundation Work.
ARTICLE IX
Heavy Construction – Dockbuilding and Foundation Work
Section 1 – Heavy Construction -Dockbuilding and Foundation Work
Heavy Construction Work, where referred to in this Agreement, is hereby defined as:
including but not limited to, new construction, i.e. building and foundation construction above or
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 through final completion of: engineered
structures, parking garages, mass transit facilities including but not limited to bus depots,
ventilation plants, maintenance shops, marine transfer stations, transit yards, stations, tunnels,
railway lines and work along railway rights of way, highways, roads, streets, bridges, parks,
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, curbsetting and paving; removal of hazardous materials as it pertains to
heavy construction projects; and any construction commonly associated with “public works,”
“infrastructure” or “heavy civil” construction, exclusive of the erection of building
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
superstructures since this latter work is agreed to be a separate and distinct branch of the
Construction Industry.
Dockbuilding, Marine and Foundation Work where referred to in this Agreement is
hereby defined as the construction and/or performance of:
(a) All temporary or permanent timber trestles, temporary bridges, all work on
waterfront boardwalks, caissons, cofferdams and drilling, underpinning, shoring,
dry packing for underpinning, lagging, slurry walls in conjunction with other
trades, jetties constructed of wood, steel and concrete, cable laying in water, uplift
anchors in foundations, caissons and cofferdams; riprap when placed with floating
equipment, all in accordance with Local 1556 jurisdiction.
(b) All pile driving on docks and foundations which utilize wood, steel and/or
concrete piles, and sheeting including pile driving for subway, sewer and other
heavy construction. Sand drains, wick drain piles, angered in piles, jetted in piles,
load tests for all piling, whether manual or automatic. When the operation of the
jacks or jack is required, a dockbuilder shall be present at the site, but shall not be
required if the test does not require operation of the jacks or jack. If requested by
the Union, the contractor shall make available the load test criteria and pile logs.
The pulling and extraction of all piles and the bracing of all work listed in
subsections (a) through (j). All compaction and bearing piles where pile-driving
equipment is used.
(c) Guard rails and anchor bolts on all structures built by Dockbuilders and all
structures used to restrain or contain tidal waters including sea walls and boom
logs of any nature. The on-site building and assembling of forms for pre-cast or
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
pre-stressed structural shapes or units and also the setting of pre-cast or pre¬
stressed structural shapes or units pertaining to all work classified as within the
jurisdiction of Local Union 1556 on the job site.
(d) All dockbuilder work on docks, piers, wharves, bulkheads and waterfront
structures from and below the top elevation level of the backing log, on
demolition work when manpower is needed on docks, piers, wharves, bulkheads
and waterfront structures, from and below the top elevation of the backing log.
| (e) | All dockbuilder work on inland foundations from and below the top elevation of the column base. House moving and lifting and supporting building with post or needle beams. Vertical and/or horizontal sheet piling and/or piling for embankments, bridge abutments and land foundations for buildings, including pier holes and trenches. Installation of tie backs or tie rods, placing and jacking of same. Handling of the grout tubes and the installation of the tie rods shall be done by the entire crew. Bracing and wedging of old and new walls, installing of tiebacks, placing and jacking tie rods for building foundations, and underpinning of walls and columns with tubes driven by hydraulic, air, screwjacks, steam hammers or any other machine which may be needed to drive or extract same. Raising and lowering floors and roofs when it is done as one unit or section units. Building overhead bridges, sidewalk bridges when related to Local Union 1556 jurisdiction, gangways and platforms for any of the work listed in this Article IX. |
| (f) (g) |
|
| (h) | |
| (i) | |
| (j) (k) |
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
| (1) | All material related to dockbuilding will be handled by the dockbuilder with the exception of formwork and formwork related materials where rigging is not required. The installation of any and all form lining material such as knob-loc. Plant work, as defined; the erection of all fences; the erection of all shanties, offices, or any other temporary building; the fabrication of all benches, horses, platforms pertaining to Dockbuilder work. All the work of: cutting, burning, welding, and monolithic forms incorporating |
| (m) (n) |
|
| (o) |
piles, bracing concrete forms, pile capping sea walls, running all anchors,
handling of floating equipment on the job site jack up barges, all signaling and
tagging, the pulling of all pipe, rigging of pile driving equipment and/or
equipment used by Dockbuilders including cable on drums, adjustment of length
of boom from heel out, handling, loading or unloading of all pile driving
equipment, operation of all deck engines, tuggerhoists, pile augers and moon
beam, operation of all valves not mounted in the cab, pertaining to pile driving
equipment, setting up and removal of power equipment used for operating
hammer assist in assembling and disassembling of all pile driving equipment, on
job site, of all work listed in subdivision (a) through (j) above.
(p) Installation of Slurry Walls in conjunction with other trades: Dockbuilders
working on slurry walls will perform all work pertaining to the forming of guide
walls, the placing of inserts in rebar cage, and the setting and removal of all
bulkheads or endstops. Drilling, star drilling or chiseling for rock sockets or
keyways, air lifting for desanding on these walls pertaining to dockbuilder work.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
(q) Tremie Pours pertaining to Dockbuilders work: Dockbuilders will assemble
fabricate on site, rig up and dismantle all tremie pipes on the job. Dockbuilders
will man all tag lines if necessary and the Dockbuilders will be responsible for all
signaling of cranes for equipment used for tremie pipes pertaining to their work.
When two or more pieces of machinery are used simultaneously on a tremie pour,
the dockbuilder will be responsible for signaling the crane. Dockbuilders will
assemble, fabricate on site, and dismantle all platforms for tremie pours if
necessary.
(r) Churn Drills Utilized on Caissons
A Dockbuilder covered by this Agreement shall operate a drilling machine, which
is utilized on caissons with Employees covered by the agreements between the
International Union of Operating Engineers and Members of the GCA.
(s) Other Drill Rigs
All other drill rigs being used in conjunction with foundations, access holes
pertaining to Dockbuilder work, retaining walls, or when used to replace materials
traditionally installed by Dockbuilders shall be manned by Dockbuilders as
specified in Article X, Section 1(b). The installation and extracting of all casings
shall be manned by Dockbuilders as specified in Article X, Section 1(b).
All jurisdictional work provided for herein as specifically granted to the Employees under
the jurisdiction of Local 1556 is to be interpreted and assigned in accordance with past work
practices in geographical areas, and in relationship with other Unions of the United Brotherhood
of Carpenters and Joiners of America other unions in the heavy construction industry, including
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
but not limited to the International Union of Operating Engineers AFL-CIO, the Laborers
International Union of North America.
Jurisdictional work assignments as they relate to past practices in specific areas of work
performed by Employees under the jurisdiction of Local 1556, e.g. marine construction, land
foundation work, parkways, sewers, have had different practices and trades doing the work
therein and in other areas Employees under the Jurisdiction of Local 1556 have assisted other
trades, and in other areas performed it exclusively and in still others have not participated in the
work exclusively. Therefore, this Agreement shall respect all past practices of these construction
specialties and their trades and jurisdictions.
All of the above shall be in accordance with existing jurisdictional precedents in the area.
Where jurisdiction overlaps among the carpenters, timbermen and dockbuilder agreements, the
assignment of the work shall be jointly agreed upon by the Employer and the District Council.
Section 2 – Employees Covered
This Agreement is applicable to qualified Journeyman Dockbuilder, Journeyman
Dockbuilder Foreman, Journeyman Dockbuilder General Foreman and Dockbuilder Apprentices
who are employed under the classifications as set forth in Article X, Section 6 of the Agreement.
Section 3 – Stewards
The New York City District Council Representative shall appoint one (1) Dockbuilder
from the existing crew that is a certified job steward to function on that job as the steward. He or
she shall perform the regular duties of Dockbuilder. If there is no certified steward on the crew,
the District Council Representative will appoint a Dockbuilder from the crew so long as they
have the skills sets appropriate to do the work to be performed, and is in good standing with the
union, able to communicate with the Representative and to fill out or electronically enter shop
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
stewards reports in a timely fashion. At no time, however will a steward be appointed that is in
addition to the number of people required for the project. The steward will always be a working
steward and will count toward the crew count. He or she shall perform the regular duties of a
Dockbuilder, but shall be allowed sufficient time to perform his or her duties as a steward.
If the duties of the steward are not performed in a satisfactory manner to the District
Council Representative, the Representative may designate another Dockbuilder to function as
steward, based on the previously listed criteria. All jobs, regardless of what type of agreement
they work under, shall have an assigned New York City District Council Steward.
The District Council is responsible for ensuring that all members, including stewards, are
properly trained in the field of heavy construction and posses any certifications and the skills
required by public agencies or by law (e.g. OSHA 10, MTA track access training, NYC DOB
Scaffold Training, FDNY Powder Actuated Tools Certificates, etc.) or that are necessary to
perform the work required on a project.
When an Employer is performing work with a composite crew of District Council
members, there shall be one steward, selected by the District Council. A composite crew shall
be defined as up to six (6) members of various District Council trades that are sharing in the
performance of a task.
Any steward training shall be done on the employee’s own time and shall not be
compensated by the Employer.
So as to not break up working crews and interrupt the flow of work, the District Council
agrees that it will not move a steward that is working for one Employer to another Employer as a
shop steward without the first Employer’s consent.
All stewards must be a member of the New York City District Council of Carpenters.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
(a) When a signatory Contractor lays off a shop steward during continuous
employment, the Contractor must notify the Union and have a meeting on the job
within 24 hours. If termination takes place, a letter must be sent to the Union by
the Employer.
(b) Subject to the provisions of shift work, the steward shall have the right of first
refusal on overtime work, provided the steward is present on the job at the time
the need for overtime is determined. If the steward has left the job site, the
Employer shall not be required to call him or her back to the job in order to work
the overtime for that day. If the steward leaves early on a Friday and overtime is
called for on the weekend or the holiday, the steward should be called for the
overtime work.
(c) There will be no overlapping of stewards on shifts. On shift jobs, if the crew
needs to work overtime, the steward will work the overtime as part of the crew
and the steward’s responsibilities will be fulfilled by the steward assigned to that
shift.
ARTICLE X
Hours – Wages – Conditions
Section 1 – Hours of Work
(a) 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 hours actually worked and the Employer may deduct from the
Employee’s wages and fringes the value of the time period not worked less than
eight (8) hours. All Journeyman Dockbuilders in pile driving gangs shall perform
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
all duties in relation to the driving of piles, and in addition shall perform all
associated duties.
All Employees engaged in work outlined in Article IX of this Agreement shall
perform those duties as outlined and any other work coincidental with these
duties.
(b) All General Foreman and Foreman not manning drill rigs and first and second
year Apprentices shall be paid forty hours per week during continuous
employment on a job. The only time they may be paid less than forty hours would
be the first week and the last week of work in which case the Employer would
only be required to pay for days actually worked in those weeks. If any of said
Employees is laid off from his or her work assignment and rehired within five (5)
consecutive working days for the same work assignment, said Employee shall be
paid for the actual working days for which they were not employed, if they were
not employed by another Employer during the layoff period. During the course of
continuous employment on a project said Employees shall be paid on a weekly
basis, except for project shutdowns, and shall not receive holiday pay as an
addition to their weekly pay unless worked. First and second year apprentices
must work the day before and the day after a holiday to be paid the holiday in
their weekly salary.
Third and fourth year Apprentices shall be paid only for hours worked.
(c) On drill rigs, the following shall apply:
Drill rigs shall be manned as follows, and shall not be used to displace any
Dockbuilder that was working prior to July 1, 2013:
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
The first drill rig will be manned by a Dockbuilder foreman who is guaranteed a
40-hour week and is paid the foreman rate. The Employer will determine who
that Dockbuilder is.
The second and third drill rigs will be manned by “Lead Dockbuilders”, who are
paid the foreman’s rate for the hours they work and will receive the single time
rate of pay for holidays not worked. The Lead Dockbuilders shall be selected by
the Employer.
At the fourth drill rig, there will be a foreman who gets the foreman pay with a
guaranteed 40-hour week. The Employer will determine who that foreman is.
If a fifth drill rig is utilized, there will be one Dockbuilder designated as the
Working General Dockbuilder Foreman. The General Dockbuilder Foreman is
guaranteed forty (40) hours per week. The Employer will determine who the
General Dockbuilder Foreman is.
| (d) | All other Employees covered by this Agreement shall be employed on a daily or hourly basis. In the event that a public official, including the President of the United States, the |
| (e) |
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 District Council members
may be employed by a GCA member or its subcontractors, declare a state of
emergency, or a project is 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, respecting the jurisdiction of the trades, and DCC members
shall have no claim for pay unless the Employer has called them in and they have
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
reported for, and performed, emergency work. The Employer shall use its best
efforts to contact its DCC workforce to advise them of the declared shutdown in
advance of the work shift, but failure to contact an employee shall not be grounds
for a grievance.
| (f) | The first Employee hired as a Dockbuilder shall be designated by the Employer as the Dockbuilder Foreman. The union shall designate the Job Steward. When a Contractor is bidding against non-Union competition and can show proof |
| (g) |
of this with a Contractors bidders list, the Union will give permission to the
Contractor to use whatever crew size he or she needs for the job provided that
they perform the operation safely.
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 X, Section 7,
Subdivision (b). The mealtime shall be one (1) hour, but it 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. |
When two shifts are employed, each shift shall be eight and one-half hours with
one-half (1/2) hour for lunch.
(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.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
| (d) | When two (2) or more shifts of Dockbuilders are employed, single time will be paid for each shift. A week shall start at 8:00 A.M. Monday and end at 8:00 A.M. Saturday, except |
| (e) |
when necessary to conform with the provisions of this Article X, Section 7,
Subdivision (b).
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 by
check provided that the delivery of payroll checks is made at least one (1) day prior to a
banking day and the Employer has complied with the provisions of Article XIII relating to
Bonding.
If for any reason the Employer terminates the services of any Employee working under
this Agreement, the accrued wages and fringe benefits of that Employee shall be paid to him at
the time of termination of his or her employment, otherwise waiting time shall be charged for the
accrued wages. If any Employee shall, of his or her own volition, leave the services of his or her
Employer, then his or her Employer may retain his or her wages until the next regular pay day.
Should an Employee be required to wait for his or her pay after the hours specified in
Article X, Sections 1, 2, 3 and 4, except for reasons beyond the Employer’s control, then in
addition, the Employee shall receive time and one half for the first two (2) hours of waiting time
on pay day or lay off and single time for any additional waiting time, except on Saturday,
Sunday or holidays. However, such waiting time shall not exceed sixteen (16) hours. An
Employee claiming said waiting time shall be required to show proof that he or she was actually
present on the job during the waiting time claimed.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Section 4 – Overtime – Flexible Lunch
(a) 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 all work performed on Saturdays. Sundays and holidays shall be paid at the
double time rate, except when being performed under Article X, Section 2, Shifts,
and Section 7 (b) Varying Shift Commencement.
No Dockbuilder is to start work before the designated start time unless it is
determined to be overtime.
| (b) | Flexible Lunch Hour |
| A flexible lunch may be taken for an employee or group of employees according |
to the following schedule:
11:30 AM to 12:00 Noon
12:00 Noon to 12:30 PM
12:30 P.M to 1:00 PM
(c) Job Steward
On variable shift jobs, the Steward is to work only eight (8) hours. When a job
works multiple shifts, the Union may designate a steward for the second or third
shifts from the crew working on that shift. The Shop Steward from the 2nd or 3rd
shift may be laid off at the Employer’s discretion when the shift ends
| (d) | All Dockbuilders will be given time to have coffee in the morning and wrap-up their tools and wash up before quitting time. |
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| (e) | The Employer will make every effort to give reasonable notice of overtime and a Dockbuilder will never be penalized for being unable to work the overtime. Nor shall the Dockbuilder be compensated for any overtime not worked. Other than an emergency, notice of all overtime work should be given to the Dockbuilders before noon if possible. Employers may assign overtime, off-shift and weekend work to the employees |
| (f) | |
| (g) |
they deem to be best suited for the task and will be permitted to move personnel
from other jobs for that work as long as they do not replace any Dockbuilder that
is regularly assigned to that job.
Section 5 – Holidays
| (a) | Holidays shall be observed in accordance with the New York State Law and shall |
| be as follows: New Year’s Day |
Columbus Day |
President’s Day
(3rd Monday in February)
Election Day (in a
Presidential Election Year only)
| Memorial Day (Decoration Day) | Thanksgiving Day |
| Independence Day (4th of July) Labor Day |
Christmas Day |
For Employees working in the geographical jurisdiction of the State of New
Jersey as provided for herein, Columbus Day is not a holiday; Armistice Day
(Veteran’s Day) is a holiday.
If an Employee does not work on said holiday he or she shall receive no pay for
said day. If an Employee works on said holiday he or she will be paid only the
double time rate.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
When work is performed in an area outside of New York City, conditions as to
holidays shall prevail, except that provisions of this paragraph herein shall be
operative within the jurisdictional territory of the Union.
First and second year apprentices must work the day before and the day after a
holiday to be paid the holiday in their weekly salary.
(b) Where the workday ends at 8:00 A.M. on a Saturday, Sunday, or holiday, the
Employer may, at its discretion, define Saturday, Sunday, or holiday, as beginning
at 8:00 A.M. of the Saturday, Sunday, or holiday, and continuing until 8:00 A.M.
of the following day, except when necessary to conform to the provision of
Article X, Section 7, Subdivision (b).
Section 6 – Work Classification – Wages – Total Fringes
| (a) | Wage rates and fringe benefits contributions within the bargaining unit shall be determined and/or reallocated by the union at its sole discretion, in conjunction with the fund trustees. The rate of wages to be paid Employees covered by this agreement shall be as |
| (b) |
outlined in Appendix A of this Agreement.
APPRENTICES
Apprentice wage increases may be deferred for reasons determined by the Joint
Apprenticeship Committee or its training director by written notice to the Employer. Wages for
apprentices are shown in Appendix A.
Apprentices are solely responsible for updating their advancement in the apprentice
program (hours and new rate) with the proper documentation to the Employer. Back pay for any
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
lost wages, shall not exceed fourteen (14) calendar days if they do not properly notify the
Employer.
(c) Dockbuilder Foreman – General Dockbuilder Foreman
The Dockbuilder Foreman shall receive three dollars ($3.00) per hour above the
Journeyman scale on all pile driving and dockbuilding work. The wage of the
General Foreman Dockbuilder shall be mutually agreed upon with the Employer,
and it shall not be less than six dollars ($6.00) per hour more than that of the
Dockbuilder Journeyman as set forth in the rates above and shall be hired at the
Employer’s discretion. He or she shall be allowed to run a crew when there are
four or less gangs on the same job.
(d) Assessment
A zero-point five percent (0.5%) assessment of the hourly rate of wage, excluding
fringes, is to be deducted from Employees under the jurisdiction of the Local
Union No. 1556 upon signed authorization by Employees and paid by check to
Local Union 1556 each week. Effective November 1, 2018, the assessment will
cease to exist and no deductions from the Employee’s wage shall be made by the
Employer. The zero-point five percent (0.5%) assessment shall be deducted up to
and including October 31, 2018.
Section 7 – Conditions
(a) General Dockbuilder Foreman
Where five (5) or more Dockbuilder Foreman with gangs are employed on any
one (1) shift under one (1) contract, there will be one Working General
Dockbuilder Foreman, selected by the Employer from the Foremen working on
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
the existing crews, employed for that shift, during the employment of the five (5)
or more Dockbuilder Foremen with gangs. Lead Dockbuilders, as defined in this
Agreement, will count toward the General Foreman requirement. In no case will
there be more than one individual being paid Working General Dockbuilder
Foreman rates.
(b) Varying Shift Commencement
(i) A shift commencing Monday through Friday shall begin two (2) hours before
and two (2) hours after normal starting time, in one-half hour increments. In
variable shifts the Employer may vary the shift of a Foreman and his or her
entire crew, or part of his or her crew and such work shall be paid at the
appropriate shift rate.
(ii) 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 5:00 a.m. and 6:30 p.m. A Dockbuilder cannot work more than eight
hours in a 24-hour time period unless it is determined as overtime.
(c) Off Shift
An Off Shift may commence between the hours of 5:00 P.M. and 11:00 P.M. and
shall work for eight and one-half (8-1/2) continuous hours allowing for one-half
(1/2) hour for lunch. The wage rate for off-shift work shall be shall be 113% of
the straight time hourly wage. Benefits for off-shift work shall be paid at the
straight time rate. An off-shift started after 11:00 PM shall be paid at the wage
rate of time and one-half, with straight time benefits, and shall work for eight and
one-half (8 1/2 ) continuous hours, allowing one-half hour for lunch.
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(d) Storage of Tools and Clothing
The Employer shall provide a suitable shed or room of sufficient size for the
Dockbuilder’s tools and clothing when the project is operating and Employees
covered by this Agreement are employed on the project. Said room or shed shall
not be used for the storage of any other materials. The Steward or Foreman shall
be furnished a key for said storage facility, and the Employees will store therein
all tools not actually being used by them. These requirements shall not apply
whenever less than four (4) dockbuilders are employed on any job under a single
contract, however, adequate facilities whether mutual or otherwise shall be
provided for said Dockbuilders.
If an Employee covered by this Agreement is storing his or her tools and/or
clothing in said storage facility, the Employer shall be responsible for the loss of
said tools and/or clothing due to fire, flood or theft but only if the Employee has
previously filed with the Employer a list of the tools he has brought to the job.
The Employer’s liability shall be limited to a sum not to exceed:
$500.00
$150.00
$150.00
$125.00
Tools
Overcoat
Clothing
Shoes
Upon submission of appropriate proof of loss to the Employer following the
acceptance of said submission, the Employee shall be paid for said loss.
Payment shall be made within fourteen (14) working days of receipt of the proof
of loss. If proof of loss is not accepted by the Employer, it shall be submitted
within forty-eight (48) hours thereafter for final determination jointly to the
Director of Labor Relations of the GCA and the Union.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
| (e) | Sharpening of Tools Employees’ tools which become dulled on the job shall be reconditioned at the expense of the Employer. Timekeeping |
| (f) |
The District Council and the GCA will work to establish an electronic process for
recording the time worked by each District Council member on a project. The
electronic records and resulting reports will be used by both the Employer and the
District Council to authenticate the time worked to ensure that the proper wages
and benefits are paid for the hours worked. The cost of any NYC DCC
timekeeping devices and related system and any training will be entirely borne by
the District Council.
(g) Job Injury – Medical Attention
There shall be no reduction in a day’s wages to any Employee on the day of injury
when medical attention is required to said Employee while working on the
Employer’s job, provided the Employee submits a note from the doctor or clinic
stating that the Employee cannot work that day.
(h) Apprentice Manning
There shall be two (2) apprentices to every six (6) journeymen and one of those
apprentices must be a third or fourth year apprentice referred from the out of work
list by the District Council.
(i) Welder-Burner
Each Welder and Burner shall be licensed in accordance with applicable laws, and
present said license to his or her Employer when requested.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
G) Intoxicating Beverages and Controlled Substances
The consumption of intoxicating beverages or improper use of prescription
medication or illegal drugs is prohibited. Violation of this rule is sufficient reason
for dismissal. All jobsites are to be drug and alcohol free.
| (k) | Smoking If there is a local law, or if the owner has a policy, prohibiting smoking on the job, the DCC members shall comply. Drug and Alcohol Testing |
| (1) |
The Employer and Union agree that, if required by either the Employer or by the
Employer’s contract with and any City, State, Federal, and/or quasi-public
agency, and/or public utility (“Owner”), the Employees covered by this
Agreement shall be tested for drugs and/or alcohol use, and the Employees shall
comply to the extent required. The Employer shall pay for the cost of the random
drag and alcohol testing program.
The parties to this agreement have established a Department of Transportation
(“DOT”)-approved random drug testing program administered by a Certified
Independent Service. The program is in full compliance with all Department of
Transportation regulations, covering members of the union and their Employer’s
obligations under said regulations. The parties further agree that as a part of this
program, a traveling collection facility will be available to be utilized by
Employers whose employees are required to be tested.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
If the Employer’s contract with the Owner requires a more comprehensive drug
testing program than provided for in the DOT regulations, the Owner’s
requirements shall apply.
(m) Size of Work Crews
Bull gangs to consist of two (2) Dockbuilders and one (1) Dockbuilder Foreman
minimum, where equipment is used exclusively for Local 1556 to handle their
material.
(n) Equipment
Where fork lifts, Ross Carriers or front end loaders are utilized for handling
material and equipment as referenced in Article IX, one (1) Dockbuilder will be
used to handle sleepers, signal and guide said equipment, for Local 1556 work
jurisdiction exclusively.
(o) Creosote Pay
While working on land pile driving, floating marine construction and the
construction of wharves, Dockbuilders shall receive twenty-five cents ($0.25) per
hour premium for hours actually worked while handling and working with
creosote and creosote impregnated products.
(p) Saturday Make-up
When conditions beyond the control of the Employer, such as severe weather,
wide spread power failure, fire, natural disaster, etc., prevent the operation of the
job on one or more normal working days, the Employer may, with notification to
the Union, schedule the Saturday of that calendar week during which work was
prevented, as a make-up day at straight time. All hours worked in excess of the
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
normal workday shall be paid for at the rate of time and one-half. When a holiday
falls on a Saturday, then the make-up day rate shall be double-time. In order to
utilize a Saturday as a make-up day, the Employer must declare a regular work
day “terminated,” for one of the reasons listed above, no later than 10:00 A.M. of
the day terminated, and must notify the Union of its desire to work a make-up day
by noon of the day preceding the make-up day. Employees employed by the
Employer on the day so “terminated” shall have the right of first refusal to work
on the make-up Saturday, but said Employees shall also have the right to decline
work on a make-up Saturday, without any penalty. If men are needed to work a
make-up Saturday, other than those already working on the job, the Employer
shall call the District Council for men before employing men secured from any
other source.
| (q) | Hazardous/Toxic/Contaminated Waste Sites |
| (i) | Conditions of employment at a hazardous/toxic/contaminated waste site |
| shall be subject to all appropriate safety and insurance regulations required by appropriate governmental agencies. |
|
| (ii) | Dockbuilders engaged in hazardous/toxic/contaminated waste removal, on |
a State or Federally-designated hazardous/toxic/contaminated waste site,
where the Dockbuilder comes into contact with hazardous/toxic/
contaminated waste material, and when A. B. or C. personal protective
equipment is required and used for respiratory, skin or eye protection, the
Dockbuilder shall receive an additional 20% premium above the hourly
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
wage set forth in this agreement. This premium shall be paid for the entire
day if required.
(r) Market Recovery
In the event that the District Council grants concessions to any signatory
contractor for the purpose of capturing work that is also being bid by non-union
contractors, the same concessions will be granted to any GCA member that is
seeking to bid, or is working, on that same project. The District Council will offer
to the GCA members the same terms and conditions for projects designated for
market recovery that it grants to all other signatories on those same projects.
(s) SWAC & TWIC
Expenses associated with SWAC, TWIC or any security requirements will be paid
by the Employer. These requirements must be done on the employee’s own time
unless paid for by the owner/agency.
ARTICLE XI
Intent of Agreement – Subcontractors – Lists
Section 1 – Spirit of Agreement
This Agreement and all of its terms and provisions are predicated 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.
Section 2 – Binding Subcontractors and Other Firms
(a) 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.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
The Employer will only award on site subcontracts necessitating employment of
Employees covered by this Agreement to subcontractors who are under agreement
or are willing to enter into agreement with the Union.
The Employer will violate this Agreement if it willfully neglects to notify the
Union in writing by certified mail or hand delivery to the offices of the District
Council within thirty (30) days after an award of a subcontract necessitating
employment of Employees covered by this Agreement.
The Employer will not sublet to another Contractor the safety protection of
openings and stairways. This does not include the planking or other protection of
openings in concrete arches during the formwork stage until the time of stripping;
nor does it include a restriction on the subletting of sidewalk bridge construction
or maintenance. Nothing in this Agreement will forbid the Employer, which has
an agreement with the New York District Council of Carpenters from hiring on its
payroll on a temporary basis, Dockbuilders who may be performing work for
other Contractors on the same jobsite, or to perform protection work on a timeand-material basis.
(b) This Agreement shall apply to the named Employers that negotiate and execute
this Agreement or authorize the GCA to do so on their behalf and any joint
ventures they may enter that perform the jurisdictional work covered in this
Agreement. The Employers hereunder shall not establish or participate in double
breasting operations within the District Council’s jurisdiction.
| (c) | At least five (5) working days prior to the inception of any job where the Dockbuilding work is $100,000 or more, the Employer shall contact the Union to |
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
arrange a conference on the jobsite to discuss work assignment and the
application of this Agreement to the particular job.
Section 3 – Lists
| (a) | The Union shall furnish monthly to the GCA a list of all District Council Employers who are delinquent in the payment of wages and/or contributions to all Funds listed in Article XII; The parties acknowledge that the GCA has provided the Union with a list of its |
| (b) |
members and other Employers who have designated the GCA as its bargaining
agent, and who have agreed to be bound by the terms and conditions of this
collective bargaining agreement prior to the commencement of the negotiations
which have resulted in this Agreement. The GCA acknowledges its
representative status of its Employer-members and any service on it shall
constitute service on its Employer members. All Employer-members who have
given their assent to be bound to this Agreement shall be bound during its entire
term. Employers who have not agreed to be bound by this Agreement may
become signatories upon written request by the GCA and upon written approval
of the Union.
(c) Upon notification from the GCA that an Employer holding an independent
agreement with the District Council has been accepted for membership in the
GCA, the GCA agreement will govern the Employer from that point forward.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
ARTICLE XII
Fringe Benefit Funds
Section 1 – Funds – Contributions – Collections
The Employer shall pay the amounts indicated herein, for Employees covered by this
Agreement, and employed within the jurisdictional territory of the Union into a United States
Treasury-approved:
The District Council of Carpenters of New York City & Vicinity:
-Welfare Fund (hereinafter “Welfare Fund”)
– Pension Fund (hereinafter “Pension Fund”)
– Vacation Fund (hereinafter “Vacation Fund”)
– Annuity Fund (hereinafter “Annuity Fund”)
– Apprenticeship, Journeyman Retraining, Education and Industry Fund
(hereinafter “AJRE&I Fund”)
– Supplemental Fund (hereinafter “Supplemental Fund”)
– Carpenter Contractor Alliance of Metropolitan New York, Inc. (AKA “CCA METRO”)
– UBC Carpenters International Training Fund
– Millwright Pile Driver Fund for Industry Revitalization, Safety, and Training (AKA the
“Millwright Pile Driver Fund”)
All hereinafter collectively “Fringe Benefit Funds” each Fund to be administered by
Trustees, one-half of whom shall be designated by the Union and one-half by the Employers.
The Employer is bound by all the terms and conditions of the Agreement and Declaration of
Trust with respect to each of the Fringe Benefit Funds, which Agreement and Declaration of
Trust are hereby made part of this Agreement and shall be considered as incorporated herein.
The Employer shall pay all required Fringe Benefits by Electronic Funds Transfer through the
District Council’s I-Remit system.
The following contributions shall be paid for hours worked but not on the premium
portion of the overtime rate and are:
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Dockbuilder Fringe Benefit Contributions Per Hour
| Effective Date | 07/01/2021 07/01/2022 07/01/2023 07/01/2024 07/01/202 07/01/2026 | |||||
| Welfare | $14.70 | TBD | TBD | TBD | TBD | TBD |
| Pension | $15.87 | TBD | TBD | TBD | TBD | TBD |
| Annuity | $11.77 | TBD | TBD | TBD | TBD | TBD |
| A.J.R.E.& I Fund | $0.70 | TBD | TBD | TBD | TBD | TBD |
| Vacation | $9.29 | TBD | TBD | TBD | TBD | TBD |
| Supplemental | $0.05 | TBD | TBD | TBD | TBD | TBD |
| CCA Metro | $0.23 | TBD | TBD | TBD | TBD | TBD |
| UBC International Training Fund |
$0.11 | TBD | TBD | TBD | TBD | TBD |
| Millwright Pile Driver Fund | $0.05 | TBD | TBD | TBD | TBD | TBD |
| Supplemental Pension | $1.00 | TBD | TBD | TBD | TBD | TBD |
| SUBTOTAL | $53.77 | TBD | TBD | TBD | TBD | TBD |
| H.C.I.F. | $0.30 | TBD | TBD | TBD | TBD | TBD |
Apprentice Fringe Benefit Contributions Per Hour
| Effective Date | 07/01/2021 07/01/2022 07/01/2023 07/01/2024 07/01/2025 07/01/2026 | |||||
| Welfare | $14.70 | TBD | TBD | TBD | TBD | TBD |
| Pension | $8.09 | TBD | TBD | TBD | TBD | TBD |
| Annuity | $6.04 | TBD | TBD | TBD | TBD | TBD |
| A.J.R.E.& I Fund | $0.70 | TBD | TBD | TBD | TBD | TBD |
| Vacation | $4.80 | TBD | TBD | TBD | TBD | TBD |
| Supplemental | $0.05 | TBD | TBD | TBD | TBD | TBD |
| CCA Metro | $0.23 | TBD | TBD | TBD | TBD | TBD |
| UBC International Training | TBD | TBD | TBD | TBD | TBD | |
| Fund | $0.11 | |||||
| Millwright Pile Driver Fund | $0.05 | TBD | TBD | TBD | TBD | TBD |
| Supplemental Pension | $1.00 | TBD | TBD | TBD | TBD | TBD |
| SUBTOTAL | $35.77 | TBD | TBD | TBD | TBD | TBD |
| H.C.I.F. | $0.30 | TBD | TBD | TBD | TBD | TBD |
In the case of Foreman, General Foreman and First and Second Year Apprentices,
contributions shall be made to the Fringe Benefit Funds on the basis of hours for which said
Employee is paid, but not on the premium portion of the rate. This provision does not apply to
Bonus, Vacation or Sick Pay paid voluntarily to said Employee.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
A plan has been established which provides for the payment of contributions to the
Welfare, Pension, Vacation, Annuity, A.J.R.E.& L, Supplemental Funds, UBC & JA Funds,
CCA Metro and the Heavy Construction Industry Fund through a consolidated plan. The
Employer will comply with procedures established by the Benefit Fund Trustees to assure that
the employee receives the benefit contribution together with his/her pay. Benefit contributions
shall be made via I-Remit electronic funds transfer through facilities established by the Bank of
New York or such other agencies authorized by the Trustees.
Any Contractor found guilty of offering cash to Dockbuilders for hours worked which is
less than the wage rate collectively bargained in this agreement shall pay a fine of twenty-five
thousand ($25,000.00) dollars to the Carpenter Relief and Charity Fund after he or she has paid
all monies that were due the benefit funds. This will be decided through the Collective
Bargaining Agreement grievance and arbitration clause.
Section 2- Paid Sick Leave
The District Council 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 NYCDCC 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 signatory Employer’s
contributions to the NYCDCC Vacation Fund on behalf of employees.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Section 3- Paid Family Leave
The parties acknowledge that pursuant to New York State Paid Family Leave Act, the
Employer will be deducting from Employees’ wages, premium payments as determined by, and
to be remitted to, the appropriate authority of the State of New York, unless other provisions are
made by the trustees of the New York City District Council of Carpenters Welfare Fund.
Section 4 – Welfare Fund – New York State Disability
The 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 State Disability
Benefits Law.
Section 5 – Coverage of Additional Employees Under the Welfare and Pension Plan
Every present and future salaried regular employee of the Union, the Welfare Fund, and
the Pension Fund may participate in the benefits provided herein for Employees of each
Employer for whose benefit the aforementioned contributions are made to the Welfare Fund and
Pension Fund, provided that contributions at the rate herein before stated are made to the Welfare
Fund and Pension Fund for or on behalf of said Employees of the Union, the Welfare Fund, and
the Pension Fund by the respective Employers of said Employees.
Section 6- Liability for Subcontractors
If the Union has furnished the Employer with the list specified in Article X, Section 3,
Subdivision (a) of this agreement, and in the event that any Subcontractor or a Subcontractor of a
Subcontractor fails to make contributions to the New York District Council of Carpenters
respective Fringe Benefit Funds, as set forth in Article XII, Section 1, including dues check off
(Article XII, Section 7), as required by this agreement, and if the Union by an officer, by written
notice with report of delivery, notifies the Employer that a Subcontractor is not complying, the
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GENERAL CONTRACTORS ASSOCIATION– DOCKBUILDERS – 2021
Employer shall be responsible for such non-compliance for the period only beginning two (2)
working days after the day of receipt of such notice. The Employer will only be liable for the
unpaid contribution, and in no event shall an Employer be liable for any of the listed liquidated
damages, interests, costs or fees for which its Subcontractor may be liable.
Section 7 – Dues Checkoff
The Employer shall deduct from the weekly wages of each individual covered under this
Agreement Union dues and such other amounts as set by the Union in accordance with its
Bylaws or other applicable documents. All monies deducted shall be promptly remitted to the
Executive Secretary-Treasurer of the Union or his or her designee, together with a list of names
and employees from whom said monies are to be credited. The written authorizations shall be
pursuant to Section 302 (c) of the Labor Management Relations Act of 1947. The Union shall
hold the Employer harmless and indemnify the Employer for any liability arriving out of
compliance with this Agreement, including contract limitation attorneys’ fees and costs.
Section 8 – Work Stoppage for Default in Fringe Benefit Funds Contributions
Whenever an Employer is in default on payments to the Fringe Benefit Funds 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 at the
work site during regular working hours, they shall be paid for lost time not to exceed three (3)
days’ pay.
Section 9 – Liquidated Damages
| (a) | In the event the Employer fails to make contributions to the Fringe Benefit Funds as specified in Article XI Section 1 herein, the Employer shall be obligated to pay |
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
to said Fringe Benefit Funds as liquidated damages as provided for in the
Agreement and Declaration of Trust establishing such Fund.
(b) If an audit is required of the Employer’s books and records and there is
established an unpaid balance in contributions to the Fringe Benefit Funds, the
Employer shall be entitled to provide documentation at a meeting with the Benefit
Funds to show why the funds are not owed. If the Benefit Funds determine that
the funds are still owed, the Employer shall have thirty (30) days from the receipt
of written notification from the Benefit Funds to pay the unpaid balance. If the
unpaid balance is not paid within those thirty (30) days of the Funds’ notification
to the Employer, then in addition to the costs as set forth in (a) above, as
additional liquidated damages the Employer shall be obligated to pay to said
Fringe Benefit Funds five (5) percent of the unpaid contributions.
| (c) | If thereafter, in the sole discretion of the Trustees, the matter is referred to legal counsel for collection, then in addition to the costs set forth in (a) and (b) above, the Employer shall be obligated to pay to said Fringe Benefit Funds five (5) percent of the unpaid contributions as attorney’s fees. It is understood that the above-liquidated damages are cumulative. In no event shall an Employer be liable for any of the above listed liquidated damages, interests, costs or fees for which its subcontractor may be liable. In the event that formal proceedings are instituted before a court of competent |
| (d) (e) |
|
| (f) |
jurisdiction by the trustees of a Benefit Fund or Funds to collect delinquent
contributions to such Fund(s), and if such court renders a judgment in favor of
such Fund(s), the Employer shall pay to such Fund(s), in accordance with the
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
judgment of the court, and in lieu of any other liquidated damages, costs,
attorney’s fees and/or interest, the following:
| (a) (b) |
the unpaid contributions; plus interest on the unpaid contributions determined at the prime rate of Citibank plus 2%; plus an amount equal to the greater of: (1) the amount of the interest charges on the unpaid contributions as determined in (b) above, or |
| (c) |
| (2) | liquidated damages of 20% of the amount of the unpaid contributions; plus |
| (d) (e) |
reasonable attorney’s fees and costs of the action; and such other legal or equitable relief as the court deems appropriate. |
| (g) | In the event that proceedings are instituted before an arbitrator under this Agreement to collect delinquent contributions to a Benefit Fund or Funds, and |
such arbitrator shall be empowered to award such interest, liquidated damages,
and/or costs as may be applicable under the Agreement and Declaration of Trust
establishing such Fund(s).
Section 10 – Auditing
Seven (7) days after a written request for audit is received the Employer shall make
available records consisting of wage payments and contributions to the Fringe Benefit Funds and
said records shall include time cards, Foreman’s cards, time sheets, payroll sheets, payroll checks
and cash disbursement records pertaining to said job(s).
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
If an Auditor for the Fringe Benefit Funds schedules an appointment in writing with an
Employer, and the Employer confirms said appointment in writing, and the Auditor is prevented
by the Employer from commencing his or her audit on the agreed upon date, the Employer will
be liable to the above mentioned Funds for $100.00 cost due to the delay.
Until such time as an electronic reporting system is implemented, Shop Steward’s reports
must be submitted to the Employer’s representative on the jobsite for authentication and
signature on a weekly basis at the time of their preparation, in order for the reports to be used for
auditing purposes.
Section 11 – Supplemental Fund
The Employer contribution shall be in the amount of five cents ($0.05) per hour for all
hours worked, but no contribution shall be made on the premium portion of the overtime rate.
Said contribution shall be allocated in the following manner:
– The Carpenters Relief & Charity Fund – two and one-half cents ($0,025) per hour
– Scholarship Fund– two and one-half cents ($0,025) per hour.
The Supplemental Fund shall be established in accordance with applicable law, and any
Employee authorization that is required shall be secured by the Union.
Section 12 – Relief and Charity Fund
The purpose of the Carpenters Relief and Charity Fund is to enable the parties to make
charitable donations in the name of the carpentry industry from time to time. Said donations
shall be made to duly recognized tax exempt institutions within the meaning of the Internal
Revenue Code and to provide emergency assistance to bona fide victims of disaster, catastrophe
and community projects for the good of the general public. The contributions shall be included
in the payment of Fringe Benefits. The Fund shall be administered by two persons, one
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
designated by the Union and the other by the Association. Both shall serve without pay and shall
be bonded to the extent required by law. All monies received by the Fund shall be deposited in a
bank selected by the two administrators and shall be disbursed only by check signed by both
administrators. At least once a year the entire balance of the Fund on hand shall be disbursed to
organizations and persons who meet the qualifications set forth above. The administrators shall
keep such books of record as may be necessary. Once a year the administrators shall account for
all monies received and disbursed.
Section 13 – Carpenter Contractor Alliance of Metropolitan New York, Inc.
The parties to this agreement recognize the Carpenter Contractor Alliance of
Metropolitan New York, Inc. (AKA “CCA METRO”). The Committee will be funded by
contributions of twenty-three cents ($0.23) per hour worked through the Trusts Funds Benefits
Plan. Said contributions shall be made in accordance with all applicable Federal and State Laws
pertaining thereto.
If any of the above allocations are determined, in the opinion of counsel, legally
improper, then in that event said allocation may be reallocated by the union to a presently
existing Fringe Benefit Fund or to another fund to be established by the Union and the Employer.
The Employer and the Union acknowledge that they are represented by their duly
designated trustees to administer the various Fringe Benefit Trust Funds provided for in this
contract. Because of the various liabilities and responsibilities placed upon all parties to this
agreement, including all contractors and union representatives and their respectively designated
trustees, each contractor hereby agrees that the Fringe Benefit Fund Trustees shall have the
necessary powers to fulfill their fiduciary obligations in order to fully protect each Employer
signed to this agreement and their Employee-beneficiaries under the respective fund plans.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Section 14 – UBC Carpenters International Training Fund
In addition to any contributions called for herein, the parties agree that the Employer
shall make a contribution of eleven cents ($0.11) per hour worked for each Employee covered by
this agreement to the Carpenters International Training Fund The Employer hereby agrees to be
bound by the trust indenture agreement applicable to the Carpenters International Training Fund
as they exist and as they might be amended or restated, and to such rules, regulations and other
governing documents adopted pursuant to such Trusts.
Section 15 – Millwright Pile Driver Fund for Industry Revitalization, Safety, and Training
The parties agree that the Employer shall make contributions of $0.05 per hour worked to
the newly established Millwright Pile Driver Fund for Industry Revitalization, Safety, and .
Training (the “Millwright Pile Driver Fund”) for each pile driver employee covered by this
Agreement. Payment to the Millwright Pile Driver Fund will be remitted through the I-Remit
System. The Employer hereby agrees to be bound by the Agreement and Declaration of Trust
for the Millwright Pile Driver Fund as it exists and as it may be amended restated, and to such
rules, regulations or other governing documents adopted pursuant to such Trust.
Section 16 – Arbitration
Should any dispute or disagreement arise between the parties hereto, or between the
Union and/or Union Benefit Funds and any Employer-member signatory hereto, concerning any
claim arising from payments to the Fund of principal and/or interest which is allegedly due,
either party may seek arbitration of the dispute before the impartial arbitrator designated
hereunder by filing a notice of intent to arbitrate, in writing, with said impartial arbitrator and
serving a copy of said notice on the Association and Employer or the Union and/or Union
Benefit Funds, as the case may be, and in a manner permitted by law. Unless a waiver is
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
mutually agreed to, in writing, by the parties hereto, a hearing shall be convened within twenty
(20) days of submission and the arbitrator shall submit his or her award within twenty (20) days
of the close of the hearing. The arbitrator shall have full and complete authority to decide any
and all issues raised by the submission and to award appropriate damages. The arbitrator’s award
in this regard shall be final and binding upon the parties hereto and the individual Employer, if
any, and shall be wholly enforceable in any court of competent jurisdiction. The cost of the
arbitration, including the fees to be paid to the arbitrator, shall be included in the award and shall
be borne by the losing party.
Roger Maher, Esq., Richard Adelman, Howard Edelman or J.J. Pierson, are hereby
designated as impartial arbitrators hereunder. In the event Roger Maher, Richard Adelman,
Howard Edelman or J.J. Pierson are unwilling or unable to serve as impartial arbitrator, the New
York State Board of Mediation shall designate an impartial arbitrator to serve in their place and
stead.
The agreement of the parties to submit said matters regarding the payment of
contributions to an arbitrator does not excuse an Employer from any statutory, civil or criminal
liability, which may attach to his or her actions under Municipal, State or Federal law. The
submission of a matter to arbitration is in no way meant to affect the right of the Union to
remove its members from an Employer’s premises, as provided for in this Agreement.
ARTICLE XIII
Surety Bond
Section 1
An Employer whose records have been audited by the Funds’ Auditors and the most
recent audit shows a material discrepancy is required to post a bond as set forth in Article XIII,
Section 2 of this agreement.
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
A new Employer whose records have never been audited by the Funds’ auditors shall be
required to post a bond as set forth in this Article XIII, Section 2. A new Employer upon
completion of an audit by the Funds’ Auditors, and said audit reveals no material delinquencies,
shall not be required to continue to post a bond.
An Employer affiliated by common ownership with a contributing Employer shall not be
deemed to be a new Employer for the purpose of this clause and this agreement.
Section 2
Contractors who have a history with the District Council of Carpenters of paying benefits
on a timely basis will not have to post a surety bond. If it is determined at some period that they
are delinquent, they will have to post a bond.
As of July 1, 2017, all new GCA members or other signatory contractors working under
the terms of this Agreement shall post a bond in accordance with the provisions of this section.
Those Employers covered by this Agreement who are required to post a bond shall
provide a Surety Bond in the following amounts:
• an Employer employing 1 to 5 Employees $20,000
• an Employer employing 6 to 10 Employees $30,000
• an Employer employing 11 to 15 Employees $40,000
• an Employer employing 16 to 20 Employees $60,000
• an Employer employing 21 to 25 Employees $150,000
• an Employer employing 26 or more Employees $250,000
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
ARTICLE XIV
New York State
The Employer agrees that if it performs any service or work described in the Trade
Agreements of the Local County Carpenter Union, within the geographic jurisdiction of the state,
it shall be bound by all the terms and conditions of the Trade Agreement applicable to the
location where said service or work is being performed for the period of time that said service or
work is being performed in said location in the same manner as if it were a direct signatory to the
applicable Trade Agreement, provided the Union furnishes to the GCA said Trade Agreement for
review.
ARTICLE XV
Heavy Construction Industry Fund
In order to adequately protect the Heavy Construction Industry and in the interests of the
Employees in the industry, each Employer shall contribute to the Heavy Construction Industry
Fund thirty cents ($0.30) per hour worked effective July 1, 2021.
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
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 assure equitable Industry labor
relations through established Grievance Panels and Arbitrations for the expeditious and equitable
hearings of the grievances of Employees and Employers covered herein; 5) to assist in defraying
the costs of the time spent by the GCA representing management in connection with their work
for and attendance at trustee meetings of the Benefit Funds in behalf of and for the benefit of the
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
Employees covered herein and 6) for the administrative costs in supervising and administering
the above in behalf of the Heavy Construction Industry Fund.
Payment to this Fund shall be made via electronic funds transfer. The bank servicing the
Benefit Funds shall deliver all such contributions to the Heavy Construction Industry Fund after
verifying that the amount of each such contribution has been correctly computed by the
Employer. All costs for clerical, legal and administrative services will be borne 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. The parties are authorized to adopt other
procedures to implement the collection of this contribution.
Each Employer voluntarily authorizes the collection of the contribution 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 Industry Fund and by all By-Laws adopted to
regulate said Fund.
ARTICLE XVI
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
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
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GENERAL CONTRACTORS ASSOCIATION– DOCKBUILDERS – 2021
applicable laws as to Union security, the parties shall negotiate 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.
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. 1556
By:
Executive Secretary Treasurer
FOR AND ON BEHALF OF, AND
AUTHORIZED BY THE MEMBERS
OF THE GENERAL CONTRACTORS
ASSOCIATION OF NEW YORK,
INC. AND OTHER EMPLOYERS
THAT HAVE APPOINTED THE
GENERAL CONTRACTORS
ASSOCIATION OF NEW YORK,
INC. AS THEIR COLLECTIVE
BARGAINING AGENT, WHOSE
NAMES ARE ATTACHED HERETO
IN EXHIBIT 1
Robert G. Wessels
Executive Director
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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
APPENDIX A
WAGES AND BENEFITS
1. DOCKBUILDER – GENERAL FOREMAN:
2. DOCKBUILDER – FOREMAN:
Effective Date: 07/01/21 07/01/22 07/01/23 07/01/24
| 07/01/25 | 07/01/26 |
| $2.00 increase $2.00 increase | |
| $124.70 TBD |
$126.70 TBD |
Hourly Wage $62.93
Hourly Fringe $2.00 increase $2.00 increase $2.00 increase Benefits $53.77
TOTAL $116.70 $118.70 $120.70 $122.70 HCIF $0.30 TBD TBD TBD
| 3. DOCKBUILDER – JOURNEYMAN: | ||||||
| Effective Date: Hourly Wage |
07/01/21 $59.93 |
07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 | 07/01/26 |
| Hourly Fringe | $2.00 increase $2.00 increase $2.00 increase $2.00 increase $2.00 increase | |||||
| Benefits | $53.77 | |||||
| TOTAL HCIF |
$113.70 $0.30 |
$115.70 TBD |
$117.70 TBD |
$119.70 TBD |
$121.70 TBD |
$123.70 TBD |
| Effective Date: Hourly Wage |
07/01/21 $56.93 |
07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 | 07/01/26 |
| Hourly Fringe | $2.00 increase $2.00 increase $2.00 increase $2.00 increase $2.00 increase | |||||
| Benefits | $53.77 | |||||
| TOTAL HCIF |
$110.70 $0.30 |
$112.70 TBD |
$114.70 TBD |
$116.70 TBD |
$118.70 TBD |
$120.70 TBD |
APPRENTICES
Apprentice wage increases may be deferred for reasons determined by the Joint
Apprenticeship Committee or its training director by written notice to the Employer.
4. FOURTH YEAR DOCKBUILDER APPRENTICE:
| Effective Date: 07/01/21 | 07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 | 07/01/26 | |
| Hourly Wage | $45.74 | |||||
| Hourly Fringe | $2.00 increase $2.00 increase $2.00 increase $2.00 increase $2.00 increase | |||||
| Benefits | $35.77 | |||||
| TOTAL HCIF |
$81.51 $0.30 |
$83.51 TBD |
$85.51 TBD |
$87.51 TBD |
$89.51 TBD |
$91.51 TBD |
-56-
GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
5. THIRD YEAR DOCKBUILDER APPRENTICE:
| Effective Date: Hourly Wage |
07/01/21 $37.35 |
07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 |
| Hourly Fringe | $2.00 increase $2.00 increase $2.00 increase | $2.00 increase | |||
| Benefits | $35,77 | ||||
| TOTAL HCIF |
$73.12 $0.30 |
$75.12 TBD |
$77.12 TBD |
$79.12 TBD |
$81.12 TBD |
| 6. SECOND YEAR DOCKBUILDER APPRENTICE: | |||||
| Effective Date: Hourly Wage |
07/01/21 $28.97 |
07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 |
| Hourly Fringe | $2.00 increase $2.00 increase $2.00 increase | $2.00 increase | |||
| Benefits | $35,77 | ||||
| TOTAL | $64.74 | $66.74 | $68.74 | $70.74 | $72.74 |
07/01/26
$2.00 increase
$83.12
TBD
07/01/26
$2.00 increase
$74.74
| HCIF | $0,30 | TBD | TBD | TBD | TBD |
| 7. FIRST YEAR DOCKBUILDER APPRENTICE: | |||||
| Effective Date: |
07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 | |
| 07/01/21 |
TBD
07/01/26
Hourly Wage $23.37
Hourly Fringe $2.00 increase $2.00 increase $2.00 increase $2.00 increase $2.00 increase
Benefits $35,77
TOTAL $59.14 $61.14 $63.14 $65.14 $67.14 $69.14
HCIF $0.30 TBD TBD TBD TBD TBD
-57-
GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2021
BENEFIT FUND CONTRIBUTIONS PER HOUR
07/01/21 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26
| Welfare | $14.70 | TBD | TBD | TBD | TBD |
| Pension | $15.87 | TBD | TBD | TBD | TBD |
| Annuity | $11.77 | TBD | TBD | TBD | TBD |
| A.J.R.E.& I Fund | $0.70 | TBD | TBD | TBD | TBD |
| Vacation | $9.29 | TBD | TBD | TBD | TBD |
| Supplemental | $0.05 | TBD | TBD | TBD | TBD |
| CCA Metro | $0.23 | TBD | TBD | TBD | TBD |
| Millwright Pile Driver | TBD | ||||
| Fund | $0.05 | TBD | TBD | TBD |
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
UBC International Training
Fund $0.11 TBD TBD TBD TBD TBD
| Supplemental Pension | $1.00 | TBD | TBD | TBD |
| TOTAL | $53.77 | TBD | TBD | TBD |
| HCIF | $0.30 | TBD | TBD | TBD |
TBD TBD
TBD TBD
TBD TBD
APPRENTICE BENEFIT FUND CONTRIBUTIONS PER HOUR
07/01/21 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26
| Welfare | $14.70 | TBD | TBD | TBD |
| Pension | $8.09 | TBD | TBD | TBD |
| Annuity | $6.04 | TBD | TBD | TBD |
| A.J.R.E.& I Fund | $0.70 | TBD | TBD | TBD |
| Vacation | $4.80 | TBD | TBD | TBD |
| Supplemental | $0.05 | TBD | TBD | TBD |
| CCA Metro | $0.23 | TBD | TBD | TBD |
| Millwright Pile Driver | TBD | |||
| Fund | $0.05 | TBD | TBD |
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
UBC International Training
Fund $0.11 TBD TBD TBD TBD TBD
Supplemental Pension $1.00 TBD TBD TBD TBD TBD
TOTAL $35.77 TBD TBD TBD TBD TBD
HCIF $0.30 TBD TBD TBD TBD TBD