Contractors' Association of Greater New York, Inc.

GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS 2006

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. 1456

JULY 1, 2006 – JUNE 30, 2011

DOCKBUILDERS

INDEX PAGE

Apprentice Manning 31

Arbitration 46

Area Jurisdiction 4

Assessment 28

Auditing 43

Binding Subcontractors and Other Firms 35

Churn Drills Utilized on Caissons 30

Completeness of Agreement 4

Conditions 28

Creosote Pay 33

Declaration of Principles 2

Disputes 9

Drug and Alcohol Testing 32

Equipment 33

Equipment Usage 7

Funds – Contributions -Collection 37

Hardship And Advisory Committee 9

HCIF 48

Hazardous/Toxic/Contaminated Work Site 34

Heavy Construction Work – Employees Covered 18

Heavy Construction -Dockbuilding and Foundation Work 14

Holidays 24

Hours-Wages-Conditions 20

Intoxicating Beverages 32

Job Injury – Medical Attention 31

Jurisdictional Disputes 13

Legality 50

Liability for Subcontractors 40

Liquidated Damages 41

List of Employees who are delinquent in Payment

of Wages and/or Contributions to the Funds 36

List of Signatories to the Collective

Bargaining Agreement 36

Make-Up Day 33

New Equipment 7

New York State 48

No Lockout-Strike-Work Stoppage 10

No Work Stoppage 13

NYC and Vic. L/M Coop Fund 45

Off Shift 29

Other Drill Rigs 31

Other Union Agreements 13

Overtime-Flexible Lunch -Job Steward Hours 23

Payment of Wages 22

Procedures of Grievance-Arbitration 10

Purposes 1

Relief and Charity Fund 44

Saturday Make-up 33

Scope 13

Sharpening of Tools 30

Shifts 22

Size of Work Crews 33

Spirit of Agreement 35

Status Quo 12

Storage of Tools and Clothing 29

Supplemental Fund 43

Surety Bond 47

Terms of Agreement 6

Termination of Employment During a Work Stoppage 10

Timekeeping Devices 31

UBC&JA Funds 45

Union Referral-Working Job Steward 19

Union Security – Union Visitation 6

Varying Shift Commencement 28

Welder-Burner 32

Welfare Fund-New York State Disability 40

Work Classifications-Wages-Total Fringes 25

Work Stoppage for Default in Fringe Benefit Fund

Contributions 41

GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

AGREEMENT made this 1st day of July 2006, effective July 1, 2006, by and between the

Members of The General Contractors Association ofNew York, Inc., (hereinafter “GCA”) and

other Employers who are signatories to this Agreement (hereinafter “Employer”) and The District

Council of Carpenters ofNew 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 1456.

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter

set forth, the parties agree as follows:

ARTICLE I

Purposes – Declaration of Principles

Section 1 – Purposes

The purposes for which this Agreement is entered into are as follows:

(a) prevent strikes and lockouts;

(b) facilitate peaceful adjustment of grievances and disputes between the Employer,

Employee and Union;

costs and expense to the Employer and Union, and the loss of wages and fringe

benefits to the Employee;

(d) enable the Employer to secure at all times sufficient forces of skilled workmen

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(e) provide as far as possible for the continuous employment of labor;

(f) provide that employment hereunder shall be in accordance with conditions and at

wages and fringe benefits herein agreed upon;

(g) bring about stable conditions in the Industry;

(h) keep costs of work in the Heavy Construction Industry as low as possible

consistent with fair wages and proper working conditions, as provided for

hereunder;

(i) continue the custom and practice heretofore prevailing for many years on Heavy

Construction Work of agreement as to the terms and conditions of employment,

and as to the necessary procedure for amicable adjustment of all disputes or

questions that may arise.

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 working day, it being understood that said Employee shall

perform a fair and honest day’s work, within the limits of safety;

(b) that there shall be no restrictions on the use of machinery, tools or appliances,

within the limits of safety. If an Employee is required to use powder-actuated

tools, he is to be qualified to use said powder actuated tools by securing from the

tool manufacturer, or equally responsible certifying agency agreed upon by both

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 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;

except prison made;

(d) that no person shall have the right to interfere with Employees or workmen during

the working hours;

(e) that Employees are at liberty to work for whomsoever they see fit, and they are

entitled to and shall receive the wages and fringe benefits agreed upon as

hereinafter set forth in this Agreement;

(f) the Employers are at liberty to employ and discharge whomsoever they see fit,

providing 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 – 2006

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.

Section 3 – Completeness of Agreement

It is understood that the Purposes and Declaration of Principles, herein set forth, are a part

of this Agreement and said Purposes and Principles govern all parties hereto in the performance

thereof and shall be complied with as conditions of this Agreement. The 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.

ARTICLE II

Area Jurisdiction

The Employer hereby recognizes the Union as the exclusive collective bargaining

representative of all Employees covered by the jurisdiction of the Union as described herein.

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:

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

In New York State, the Counties of:

Albany

Bronx

Dutchess

Westchester

Kings

Nassau

New York

Orange

Putman

Queens

Richmond

Rockland

Schenectady

Suffolk

Troy and the City of Troy

and all areas covered by the Albany District Council of Carpenters and all counties and

parts thereof:

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:

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 ofNew 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

GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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.

Section 2 – Union Visitation

Authorized Representatives of the Union shall be allowed to visit jobs and interview the

Employer and Employees covered by this Agreement, but shall in no way interfere with or hinder

the progress of the work.

ARTICLE IV

Terms of Agreement

The term of this Agreement shall be five (5) years, from July 1, 2006 up through and

including June 30, 2011. The journeymen’s wage increase shall be 5.25%, for a total increase of

26.25%. The wage increase is not compounded and is based on the wage rate in effect as of

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

June 30, 2006. For the first three years of the agreement, $1.50 of the total hourly wage increase

shall be dedicated to the pension fund.

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 1456 in performing any trade jurisdiction as

defined in the agreement. 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 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.

Section 2 – Equipment Usage

a) The crew size for the Sthilworker machine will consist of a minimum of two (2)

journeymen and one (1) foreman providing the length of the driven piles or extracted

piles or any other driven or vibrated material is twenty-five (25) feet or less in length.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

This does not affect the bull gang crew size.

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 providing the length of the driven or extracted piles,

sheet piling or any driven or vibrated material is twenty five (25) feet or less in length. It

is also agreed for the setting of sheet piling, that the previous sheet must be a length of

five (5) feet or less for this paragraph to apply for a two (2) journeymen and one (1)

foreman crew size. If the prior sheet is over five (5) feet in length, the crew size shall

consist of (3) journeymen and one (1) foreman. This does not affect the bull gang crew

size.

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 providing the length of the

pile is twenty-five (25) feet or less. This does not affect the bull gang crew size.

d) The crew size for the use of the Juntann TM20 (small machine) driving piles will consist

of a minimum of two (2) journeymen and one (1) foreman. This does not affect the bull

gang crew size.

e) The crew size for the use of the Marvac on backhoes shall consist of a minimum of two

(2) journeymen and one (1) foreman providing the length of the driven or extracted piles,

sheet piling or any driven or vibrated material, is forty (40) feet or less in length. This

does not affect the bull gang crew size.

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.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 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 Elardship 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 or letter, shall state the project, location, local union,

contractor, subcontractor and brief summary of the question to be discussed.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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

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:

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(a) Either party may advise the other of an alleged grievance, in writing, and the party

alleging the grievance may call for a meeting to be held not less than 24 hours

after receipt of the grievance notice, at a place designated by the party calling the

grievance. 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.

(b) 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) Herbert Haber

3) Robert Herzog 4) J. J. Pierson

The arbitrator shall conduct a hearing in such manner as he 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

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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.

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 5 hereof.

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.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

ARTICLE VII

Jurisdictional Disputes

Section 1 – Scope

(a) The Employers bound by this Agreement recognize the jurisdictional claims of the

United Brotherhood of Carpenters and Joiners of America. For the settlement of

jurisdictional disputes both sides shall be joined by the decisions of a joint

resolution panel that will be established by the Union and the General Contractors

Association.

(b) The Employer and the Union agree to establish a committee that will meet twice

each month to establish a Jurisdictional Panel and operating procedures to hear

jurisdictional disputes. The Jurisdictional Panel shall be operational within the

first year of the contract.

Section 2 – No Work Stoppage

It is agreed that where a jurisdictional dispute arises, there shall be no stoppage of work

by trades affiliated with the AFL-CIO, and the trade in possession of the work shall proceed with

the job and the question in dispute shall be submitted by the trades to the Panel, as provided in

section 1(b), authorized for settlement of jurisdictional disputes for decision.

ARTICLE VIII

Other Union Agreements

It is agreed that the Union and the Employer will carry out this Agreement in all details,

regardless of whatever conditions and wages exist for members of any other Local Union,

whether or not employed in Heavy Construction Dockbuilding and Foundation Work.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 the

Construction of Engineering Structures and Building Foundations whether land or marine

exclusive of the Erection of Building 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 of same coal pockets,

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 foundation, caissons and cofferdams;

riprap when placed with floating equipment, all in accordance with Local 1456

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

engineering construction. Sand drains, wick drain piles, augered 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

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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.

structures used to restrain or contain tidal waters including sea walls and boom

logs of any nature. The building and assembling of forms for pre-cast or pre¬

stressed structural shapes or units and also the setting of same pre-cast or pre¬

stressed structural shapes or units pertaining to all work classified as within the

jurisdiction of Local Union 1456 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.

(f) House moving, supporting building with post or needle beams.

(g) Vertical and/or horizontal sheet piling and/or piling for embankments, bridge

abutments and land foundations for building, including pier holes and trenches.

(h) Installation of tie backs or tie rods, placing and jacking of same, handling of grout

tubes to install grout at tie backs or tie rods installation.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(i) 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.

(j) Raising and lowering floors and roofs when it is done as one unit or section units,

(k) Building overhead bridges, sidewalk bridges when related to Local Union 1456

jurisdiction, gangways and platforms for any of the work listed in this Article IX..

(1) Handling of all materials and equipment relating to Local Union 1456 on the job

site listed in this Article VIII.

(m) The installation of any and all form lining material such as knob-loc.

(n) 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,

platform for the use by the Dockbuilders and any other trades.

(o) All the work of: cutting, burning, welding, bracing concrete forms, pile capping

and monolithic form incorporating piles, tremie pours pertaining to dockbuilders’

work, sea walls, running all anchors, handling of floating equipment and 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 pertaining to pile driving equipment,

setting up and removal of power equipment used for operating hammer,

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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, stardrilling or chiseling for rock sockets or

keyways, air lifting for desanding and tremie pours on these walls pertaining to

dockbuilder work.

(q) Tremie Pours: Dockbuilders will fabricate, rig up and dismantle all tremie pipes

on the job. Dockbuilders will man all tag lines if necessary and the Dockbuilder

will be responsible for all signaling of cranes for equipment used for tremie pipes.

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

fabricate and dismantle all platforms for tremie pours if necessary.

All jurisdictional work provided for herein as specifically granted to the Employees under

the jurisdiction of Local 1456 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

but not limited to the International Union of Operating Engineers AFL-CIO, the Laborers

International Union of North America.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

Jurisdictional work assignments as they relate to past practices in specific areas of work

performed by Employees under the jurisdiction of Local 1456, 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 1456 have assisted other

trades, and in other areas performed it exclusively and in still others have not participated in the

work exclusively.

Section 2 – Employees Covered

(a) This Agreement is applicable to qualified Journeyman Dockbuilder, Journeyman

Dockbuilder Foreman, Journeyman Dockbuilder General Foreman and

Dockbuilder Apprentices and New York Plan Trainees 1st, 2nd, 3rd and 4th year

who are employed under the classifications as set forth in Article IX, Section 6 of

the Agreement.

(b) All Employees assisting Dockbuilders in the performance of their duties outlined

in this Agreement who are members of Timbermen’s Local Union 1536 of the

District Council of Carpenters of New York City and Vicinity at the time of the

execution of this Agreement shall continue membership in Local Union 1536.

(c ) All other Employees assisting Dockbuilders in the performance of their duties

outlined in this Agreement must become members of the Timbermen’s Local 1536

on or after seven (7) days following the beginning of employment or the date of

the Agreement whichever is later, and must maintain their membership in the

Union as a condition of continued employment.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

Section 3

(a) Journeymen Dockbuilders assigned to land pile drivers shall work in crews of four

(4) men and a foreman. As part of the crew, a third or fourth year apprentice may

be used. A fourth year apprentice may climb the leads. This manning will not

add to the size of the crew. The crew’s duties shall be all jobs related to the

particular pile driver to which they are assigned.

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 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.

(b) The business representative shall appoint one Dockbuilder to function as a job

steward. He shall perform the regular duties of a Dockbuilder but shall be

allowed sufficient time to perform his duties as steward. If his duties as steward

are performed in a manner not satisfactory to the business representative, he may

designate another Dockbuilder to function as job steward, all in accordance with

existing jurisdictional precedents in the area. All jobs regardless of what type of

agreement they work under shall have a New York City District Council certified

shop steward if available from the gang.

employment, the Contractor must notify the Union and have a meeting on the job

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

within 24 hours. If termination takes place, a letter must be sent to the Union by

the Employer.

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 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, Foreman, first and second 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 work assignment and

rehired within five (5) consecutive working days for the same work assignment,

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

said Employee shall be paid for the actual working days for which he was not

employed, if he was 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.

All other Employees covered by this Agreement shall be employed on a daily or

hourly basis.

the Dockbuilder Foreman. The Union shall designate the Job Steward.

(d) When a Contractor is bidding against non-Union competition and can show proof

of this with a Contractors bidders list, the Union will give permission to the

Contractor to use whatever crew size he 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.

Effective July 1, 1997, when two shifts are employed, each shift shall be eight and

one-half hours with one-half (1/2) hour for lunch.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

1/2) hours but will be paid for eight (8) hours, since only one-half (1/2) hour is

allowed for mealtime.

(d) When two (2) or more shifts of Dockbuilders are employed, single time will be

paid for each shift.

(e) A week shall start at 8:00 A.M. Monday and end at 8:00 A.M. Saturday, except

when necessary to conform with the provisions of this Article IX, 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

at the Employer’s option either in cash or 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 employment, otherwise waiting time shall be charged for the

accrued wages. If any Employee shall, of his own volition, leave the services of his Employer,

then his Employer may retain his wages until the next regular pay day.

Should an Employee be required to wait for his 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

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 was actually present on the job during the

waiting time claimed.

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

On variable shift jobs, the Steward is to work only eight (8) hours. On multiple

shift jobs, a Shop Steward for the second and third shifts shall be picked from the

assigned crew for each shift.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(d)

(e)

(f)

(g)

Section 5 –

(a)

All Dockbuilders will be given time to have coffee in the morning and wrap-up

their tools and wash up before quitting time.

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 overime. 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.

A dive team will be determined in accordance with OSHA regulations.

Holidays shall be observed in accordance with the New York State Law and shall

be as follows:

New Year’s Day

President’s Day

(3rd Monday in February)

Memorial Day (Decoration Day)

Independence Day (4th of July)

Labor Day’

Columbus Day

Election Day (in a

Presidential Election Year only)

Thanksgiving 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 shall receive no pay for said day.

If an Employee works on said holiday he will be paid only the double time rate.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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.

(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.

(b) The rate of wages to be paid Employees covered by this agreement shall be as

follows:

1. DOCKBUILDER – GENERAL FOREMAN

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage $47.39

Fringe Benefit $33.22

Total Wage & Fringe

Benefits $80.61 $84.33 $88.05 $91.77 $95.49

H.C.I.F $ 0.35 $0.35 $ 0.35 $0.35 $0.35

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

2. DOCKBUILDER – FOREMAN:

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage $44.39

Fringe Benefits $33.22

Total Wage & Fringe

Benefits $77.61 $81.33 $85.05 $88.77 $92.49

H.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35

3. DOCKBUILDER – JOURNEYMAN:

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage $41.39

Fringe Benefits $33.22

Total Wage & Fringe

Benefits $74.61 $78.33 $82.05 $85.77 $89.49

H.C.I.F. $ 0.35 $ 0.35 $ 0.35 $ 0.35 $0.35

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

determined at percentage of Journeyman’s rate.

4. FOURTH YEAR DOCKBUILDER APPRENTICE (80%)

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage $33.11

Fringe Benefit $22.43

Total Wage & Fringe

Benefits $55.54

H.C.I.F $ 0.35 $0.35 $0.35 $0.35 $0.35

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

5. THIRD YEAR DOCKBUILDER APPRENTICE (65%)

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage $26.90

Fringe Benefit $22.43

Total Wage & Fringe

Benefits $49.33

H.C.I.F $ 0.35 $0.35 $0.35 $ 0.35 $0.35

6. SECOND YEAR DOCKBUILDER APPRENTICE (50%)

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage

Fringe Benefit

$20.70

$22.43

Total Wage & Fringe

Benefits $43.13

H.C.I.F $ 0.35 $0.35 $ 0.35 $0.35 $0.35

7. FIRST YEAR DOCKBUILDER APPRENTICE (40%)

Effective Date: 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Hourly Wage $16.56

Fringe Benefit $22.43

Total Wage & Fringe

Benefits $38.99

H.C.I.F $ 0.35 $ 0.35 $ 0.35 $ 0.35 $0.35

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,

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 shall be allowed to run a crew when there are four or

less gangs on the same job.

(d) Assessment

Two percent (2%) assessment of the hourly rate of wage, excluding fringes, to be

deducted from Employees under the jurisdiction of the Local Union No. 1456

upon signed authorization by Employee and paid by check to Local Union 1456

weekly.

Section 7 – Conditions

(a) General Dockbuilder Foreman

Where five (5) or more Dockbuilder and Foundation Foreman with gangs are

employed on any one (1) shift under one (1) contract, there will one General

Dockbuilder Foreman, selected by the Employer, employed for that contract,

during the employment of the five (5) or more Dockbuilder Foremen with gangs.

(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 entire

crew, or part of his crew and such work shall be paid at the appropriate shift

rate.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(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 6:00 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.

An Off Shift may commence between the hours of 5:00 P.M. and 10:00 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 rate of pay shall be nine (9) hours pay including benefits at the straight time

rate for eight (8) hours work.

(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 tools and/or clothing in

said storage facility, the Employer shall be responsible for the loss of said tools

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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

$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.

(e) Sharpening of Tools

Employees’ tools which become dulled on the job shall be reconditioned at the

expense of the Employer.

(f) Churn Drills Utilized on Caissons

(1) 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.

(2) If three (3) or more churn drills which are utilized on caissons are in

operation on one (1) shift under one (1) contract, a Foreman covered by this

Agreement shall be employed.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(g) 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 one Dockbuilder

foreman. The installation and extracting of all casings shall be manned by one

Dockbuilder Foreman. Additional Dockbuilder man power will be agreed upon

mutually between the Union and the Employer. These Foremen shall not count

toward the requirement of a General Foreman.

(h) Timekeeping Devices

Employees shall not be required to pick up or operate any timekeeping device,

except during the normal work shift.

(i) 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.

(j) 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.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(k) Welder-Burner

Each Welder and Burner shall be licensed in accordance with applicable laws, and

present said license to his Employer when requested.

(1) Intoxicating Beverages or Use of Drugs

The consumption of intoxicating beverages or use of drugs on a jobsite is

prohibited. Violation of this rule, after due warning, is sufficient reason for

dismissal.

(m) Drug and Alcohol Testing

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 drug 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 – 2006

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.

(n) 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 1456 to handle their

material.

(o) Equipment

Where fork lifts, Ross Carriers or front end loaders are utilized for handling

material and equipment, one (1) Dockbuilder will be used to handle sleepers,

signal and guide said equipment, for Local 1456 work jurisdiction exclusively.

(p) 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.

(q) 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 – 2006

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.

(r) Hazardous/Toxic/Contaminated Waste Sites

For jobs bid after January 1, 1994:

(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,

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

the Dockbuilder shall receive an additional 20% premium above the

hourly wage set forth in this agreement.

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.

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;

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 be binding on the Employer, its successors and/or assigns as

well as any firm, be it corporation, partnership or joint venture, which the

Employer, its successors and/or assigns, has, or acquires, a financial interest in.

Dockbuilding work is $100,000 or more, the Employer shall contact the Union to

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 monthly furnish a list of Employers who are in default on the

payment of wages and/or contributions to all Funds listed in Article XI; said list

will be mailed to the Director of Labor Relations of the GCA.

(b) The parties acknowledge that the GCA has provided the Union with a list of its

members and other Employers and a notarized affidavit from each Employer who

has designated the GCA as its bargaining agent, and who has 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

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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.

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”)

–N.Y.C. and Vic L/M Coop Fund (hereinafter “NYDCC Fund”)

–U.B.C. National Health & Safety, Apprenticeship Training and Education

and Development Fund (hereinafter “U.B.C.&J.A. 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.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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 via ADP.

The following contributions shall be paid for hours worked but not on the premium

portion of the overtime rate:

Effective Date 7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

Welfare Fund $ 9.75

Pension Fund $ 9.31

Annuity Fund $ 6.10

AJREIF Fund $ 0.60

Vacation Fund $ 6.16

Supplemental Funds $0.04

NYCDCC Fund $0.20

UBC & JA Fund $0.06

Supplemental Pension $ 1.00

Total $33.22

H.C.I.F. $ 0.35 $0.35 $0.35 $0.35 $ 0.35

SPECIAL NOTICE:

All Apprentices and Trainees shall receive fifty percent (50%) of the Pension, Annuity,

and Vacation contributions in accordance with the following schedule.

Apprentices

Effective Date

Welfare Fund

Pension Fund

Annuity Fund

AJREIF Fund

Vacation Fund

7/1/06 7/1/07 7/1/08 7/1/09 7/1/10

$ 9.75

$4.65

$ 3.05

$ 0.60

$ 3.08

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

Supplemental Funds $ 0.04

NYCDCC Fund $ 0.20

UBC & JA Fund $ 0.06

Supplemental Pension $ 1.00

Total $22.43

H.C.I.F. $ 0.35 $0.35 $0.35 $0.35 $0.35

In the case of Foreman, General Foreman and Apprentices, contributions shall be made to

the Fringe Benefit Funds on the basis of hours for which said Employee is actually paid,

regardless of whether said hours are actually worked. This provision does not apply to Bonus,

Vacation or Sick Pay paid voluntarily to said Employee.

A plan has been established which provides for the payment of contributions to the

Welfare, Pension, Vacation, Annuity, A.J.R.E.& I., Supplemental Funds, LTBC & JA Funds,

NYCDCC Fund 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 ADP 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 has paid all

monies that were due the benefit funds. This will be decided through the Collective Bargaining

Agreement grievance and arbitration clause.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

Section 2 – 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 3 – 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 4- 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,

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 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.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

Section 5 – 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 6 – 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

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 and said unpaid

balance is not paid within thirty (30) days of 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.

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.

(d) It is understood that the above-liquidated damages are cumulative.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

(e) 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.

(f) In the event that formal proceedings are instituted before a court of competent

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

judgment of the court, and in lieu of any other liquidated damages, costs,

attorney’s fees and/or interest, the following:

(a) the unpaid contributions; plus

(b) interest on the unpaid contributions determined at the prime rate of

Citibank plus 2%; plus

(1) the amount of the interest charges on the unpaid contributions as

determined in (b) above, or

(2) liquidated damages of 20% of the amount of the unpaid

contributions; plus

(d) reasonable attorney’s fees and costs of the action; and

(e) 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,

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and/or costs as may be applicable under the Agreement and Declaration of Trust

establishing such Fund(s).

Section 7 – 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). 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

audit on the agreed upon date, the Employer will be liable to the above mentioned Funds for

$100.00 cost due to the delay.

In order to be used for auditing purposes, 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.

Section 8 – Supplemental Fund

The Employer contribution commencing July 1, 2002 shall be in the amount of four cents

($0.04) 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 – one and one-half cents ($0,015) per hour.

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The Supplemental Fund shall be established in accordance with applicable law, and any

Employee authorization that is required shall be secured by the Union.

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

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 9 – New York City and Vic L/M Fund

Effective July 1, 2002 the parties to this agreement recognize the New York City and Vic

L/M Fund. The Committee will be funded by contributions of fifteen cents ($0.15) 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.

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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.

Section 10 – UBC National Health and Safety, Apprenticeship Training and Education and

Development Funds

In addition to any contributions called for herein, the parties agree that the Employer shall

make a contribution of six cents ($0.06) per hour worked for each Employee covered by this

agreement to the United Brotherhood of Carpenters and Joiners Apprenticeship & Training Fund

of North America (the “Training Fund”). The parties also agree that the Employer shall make a

contribution of six cents ($0.06) per hour worked for each Employee covered by this agreement

to the United Brotherhood of Carpenters and Joiners Health and Safety Fund of North America

(the ” Health and Safety Fund”). The parties agree that the Employer shall make a contribution

of six cents ($0.06) per hour worked for each Employee covered to the United Brotherhood of

Carpenters and Joiners Labor-Management Education and Development Fund. The Employer

hereby agrees to be bound by the trust indenture agreement applicable to the U.B.C. Health &

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Safety, Apprenticeship Training and Education and Development Funds 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 11 – 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 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 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., Robert Herdoz, Esq. or Joseph Lipowski, Esq. are hereby designated

as impartial arbitrators hereunder. In the event Roger Maher, Robert Herdoz or Joseph Lipowski

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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 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.

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.

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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 $ 5,000

• an Employer employing 6 to 10 Employees $ 10,000

• an Employer employing 11 to 15 Employees $ 15,000

• an Employer employing 16 to 25 Employees $ 25,000

• an Employer employing 26 to 50 Employees $ 50,000

• an Employer employing 51 and over Employees $100,000

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-five cents ($0.35) per hour effective July 1, 2002, applied only to the straight time

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payroll of each Employee. No contributions shall be made to this Fund on the premium portion

of double time or overtime of the payroll of the Employees covered by this Agreement.

This Fund is designed for, but not limited to, the following purposes: 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 provide financial aid,

guidance and assistance to any NY State certified plan to assist the training of minorities and

women for employment in the Industry in conformity with various governmental regulations; 4)

to conduct educational research directed at the utilization of new and safer machines and

equipment for the protection of Employees covered under this Agreement; 5) 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; 6) to assist in defraying the costs of the time spent by trustees representing

management in connection with their work for and attendance at trustee meetings of the Benefit

Funds in behalf of and for the benefit of the Employees covered herein and 7) for the

administrative costs in supervising and administering the above in behalf of this 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

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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

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.

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GENERAL CONTRACTORS ASSOCIATION – DOCKBUILDERS – 2006

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

AUTH(6RJZkD SIGNATURE OF

THE DISTRICT COUNCIL

CHRISTOPHER O. WARD

MANAGING DIRECTOR