GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN 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
TIMBERMEN’S LOCAL 1556
JUNE 1, 2021 – MAY 31, 2027
TIMBERMEN
INDEX PAGE
Apprentice Manning 29
Area Jurisdiction 4
Arbitration 41
Auditing 39
Binding Subcontractors and Other Firms 31
Carpenter Contractor Alliance of Metropolitan New York, Inc.
(AKA “CCA METRO”) 41
Completeness of Agreement 4
Coverage of Additional Employees Under
the Welfare and Pension Plans 35
Declaration of Principles 1
Drug and Alcohol Testing 28
Fringe Benefit Funds 33
Hardship and Advisory Committee 10
Heavy Construction-Employees Covered 15
Heavy Construction Industry Fund 44
Holidays 24
Hours-Wages-Conditions 19
Inclement Weather Gear T1
Intoxicating Beverages and Controlled Substances 28
Job Injury-Medical Attention 28
Jurisdictional Disputes 13
Legality 45
Liability for Subcontractors 36
Liquidated Damages 37
List of Employers who are Delinquent in Payment
of Wages and/or Contributions to the Funds 32
Lists 32
New York State 44
No Lockout-Strike-Work Stoppage 10
No Work Stoppage 15
Off-shift 22
Other Union Agreements 15
Overtime-Flexible Lunch-Overtime Meal-Job Steward 23
Payment of Wages 22
Procedures of Grievance-Arbitration 11
Purpose of Agreement 1
Relief and Charity Fund 40
Saturday Make-Up 29
Scope 13
Sharpening of Tools 27
Shifts 21
Spirit of Agreement 31
Status Quo 13
Storage of Tools and Clothing 26
Supplemental Fund 39
Surety Bond 43
SWAC & TWIC 30
Terms of Agreement 9
Timberman Foreman Manning 26
Timekeeping 27
UBC Carpenters International Training Fund 41
Union Security – Union Visitation-Job Steward 6
Varying Shift Commencement 21
Welfare Fund-New York State Disability 35
Work Classification-Wages-Total Fringes 25
Working Job Steward 7
Work Stoppage for Default in Fringe Benefit Fund
Contributions 37
GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -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, D.C. (hereinafter “Union” “District Council”)
for Timbermen’s Local No. 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 Timbermen. |
| (c) | |
| (d) |
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 – TIMBERMEN -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 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
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
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GENERAL CONTRACTORS ASSOCIATION– TIMBERMEN -2021
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; that Employers are at liberty to employ whomsoever they see fit, without regard |
| (d) | |
| (e) | |
| (f) |
to 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, the 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; For the purpose of this Article, “citizenship status” means the
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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
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 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
members’ Timbermen or said signatory Employer’s Timbermen in an appropriate bargaining
unit for the purposes of collective bargaining. 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 Timbermen
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contractual bargaining unit with respect to wages, hours and working conditions. The GCA and
any Employer that may hereafter become a signatory to this Collective Bargaining Agreement by
becoming a member of the GCA further agree that any dispute concerning its obligation to
recognize the Union as sole and exclusive bargaining agent for the Timbermen will be resolved
solely under the grievance and arbitration procedures herein. The Employer recognizes the
Union as the exclusive bargaining representative for all its Timbermen 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 | Suffolk |
| New York | Westchester |
All of the Islands in and all the waters of the adjacent Harbors, Rivers, Bays, Atlantic
Ocean, and Long Island Sound.
If the Employer engages in any class of work not embodied in Heavy Construction Work,
as hereinafter defined, both parties shall comply with all of the Union conditions then existing in
that class of work.
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
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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 – Job Steward
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.
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.
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Section 3 -Working Job Steward
The New York City District Council Representative shall appoint one (1) Timbermen
from the existing crew to function on that job as a shop steward. He or she shall perform the
regular duties of a Timberman and shall be allowed sufficient time to perform his or her duties as
a shop steward. If there is no certified shop steward on the crew, the District Council
Representative will appoint a shop steward from the crew.
Contractors performing work for a utility company such as Con Edison, Verizon,
National Grid, or any other entity associated with gas, electric, phone, shall have a shop steward
appointed for every jobsite where Timbermen work is being performed for ten (10) days or more.
Contractors that are performing utility work or Emergency sewer repair at a jobsite where
the work shall be performed for less than ten (10) days at a various locations shall be required to
have one (1) roving shop steward to canvas these jobs. Timbermen that are working on a site
that will be less than ten (10) days shall be required to contact the roving shop steward daily and
report their time. The roving shop steward will then be required to report all time to the District
Council via telephone or electronic device. The criteria for selecting a roving shop steward shall
follow the appointment process described in this Section. Failure to report the job or obtain a job
number will be subject to the grievance and arbitration procedure. After three (3) findings that
the Employer has violated the job reporting rules, the Employer will lose the “roving steward”
and be required to have a DCC appointed steward from the Timberman out of work list on all
jobs.
If the duties of the shop steward are not performed in a matter satisfactory to the District
Council Representative, the Representative may designate another Timberman from the crew to
function as the shop steward, based on the previously listed criteria.
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Subject to the provisions of shift work, the steward shall have the right of first refusal for
overtime work, provided the steward is on the job site 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, he or she should be called for
the overtime work.
The union is responsible for ensuring that all District Council members, including
stewards, are properly trained in the field of heavy construction and possess 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 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.
There will be no overlapping of stewards on shifts. On shift jobs, if a steward needs to
work overtime with his/her crew, 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.
When an Employer is performing work with a composite crew of DCC members, there
shall be one steward, selected by the DCC. A composite crew shall be defined as up to six (6)
members of various DCC trades that are sharing in the performance of a task.
So as to not break up working crews and disrupt the flow of work, the DCC agrees that it
will not move a steward that is working on a job for one Employer to another Employer’s job to
serve as a steward without obtaining the first Employer’s consent.
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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.
Any steward training provided by the District Council must take place on the employee’s
own time and shall not be compensated by the Employer.
Where Timbermen and Timbermen Apprentices are employed overtime, the Steward
shall be notified before they start overtime work. On variable shifts, the Working Job Steward is
to work only eight (8) hours.
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 |
Economic increases set forth above are for all job classifications, inclusive of
apprentices. The economic increases on July 1st 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.
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ARTICLE V
Disputes
Section 1 – Hardship & Advisory Committee
The new 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, sub-contractor and brief summary of the question to be discussed.
Section 2 – No Lockout – Strike – 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.
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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 of
violation of this Agreement, or of any dispute or breach that may arise in connection therewith,
or for construing the terms and provisions thereof, the following procedure is established:
(a) Either party may advise the other of an alleged grievance, 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 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.
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(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 parly 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 the following four arbitrators, who shall be chosen by random selection: |
| 1) Roger Maher | 2) Howard Edelman |
3) Richard Adelman 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 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
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by the GCA 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 herein, 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 GCA.
(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 XI, Section 8 hereof.
Section 4- 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 VI
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.
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(b) If work site discussions do not result in a satisfactory 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.
(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:
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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 G.C.A. 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.
ARTICLE VII
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 Work.
ARTICLE VIII
Heavy Construction Work – Employees Covered
Section 1 – Heavy Construction Work
Heavy Construction Work, where referred to in this Agreement is hereby defined as:
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
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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
superstructures since this latter work is agreed to be a separate and distinct branch of the
Construction Industry.
Section 2 – Employees Covered and Work Performed
(a) This Agreement is applicable to qualified Journeyman Timberman, Journeyman
Timbermen Foreman, and Timberman Apprentices 1st, 2nd, 3rd & 4th Year who are
employed under the classifications as set forth in Article IX, Section 6 of this
Agreement.
(b) Timbermen shall perform the following work:
(1) Installing, maintaining and removing of all wooden sheeting, wooden
bracing, shoring and support systems for:
(i) sides of excavations;
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(ii) all temporary roadways, bridges and decks;
(iii) all temporary rough timber work, including but not limited to lagging in
subways, tunnels, sewers, trenches, sidewalk vaults and similar
construction.
(2) Installing, maintaining and removing of all temporary steel sections
including all steel bracing, and waling, all plates, deck beams, cap beams,
and decking of any substance on sewer and subway construction;
(3) Installing, retaining and removing all steel trench boxes (drag boxes)
(4) Installing Kring systems (slide rails)
(5) Stripping or removing of wood or steel forms for concrete on all general
engineering construction and all other work generally classified as being
under the Timbermen’s jurisdiction;
(6) Timbermen shall continue their historical performance of work with relation
to moveable steel forms whether on wheels, rails, or overhead tracks, in
subways and sewers;
(7) All tools of the trade, i.e., burning for temporary steel installed by
Timbermen shall be performed by Timbermen.
(8) Supporting, hanging & protection of all utilities on subway, tunnels,
sewers, trenches, sidewalk vaults & similar construction.
(9) Timbermen and Timbermen Apprentices shall install and maintain all
protection around the perimeter of sides of excavations when the
excavation work is being performed by Timbermen.
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(10) Any new technology or machinery specifically pertaining to Timbermen’s
work shall remain the jurisdiction of the Timbermen.
(c) Timberman and Apprentices shall perform the following work except where the
performance of said work is in conflict with the terms and conditions of the
Agreements between Members of the GCA and the Dockbuilders Local No. 1556
and the District Council of Carpenters:
(1) carrying and distributing lumber and material to Timbermen;
(2) hooking and unhooking the load when a mechanical apparatus is used to
distribute material to the Timbermen;
(3) assisting a Timberman when two (2) men are necessary to operate a power
or circular saw;
(4) assisting a Timberman when two (2) men are necessary to drive wood¬
sheeting with a jackhammer or power hammer;
(5) generally assisting the Timbermen in the performance of their duties
provided that the Timberman Apprentice is recognized as a trainee who
will become qualified as a Timberman.
After material has been originally deposited on the site of the project, the Timbermen
Apprentices shall be further employed in:
(1) loading and unloading lumber and material from any conveyance;
(2) carrying, oiling and stacking of lumber and materials to be used by
Timbermen;
(3) carrying of all lumber and materials to and from the mill on the project;
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(4) handling of all lumber and materials, which are to be set or prepared on
the job site for use on the job site by Timbermen;
(5) salvaging, cleaning and oiling of all lumber and material that is to be
reused on the project by Timbermen.
All the above 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.
ARTICLE IX
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.
A Timberman cannot work more than eight hours in a twenty-four (24) hour
period unless it is determined as overtime.
(b) All Foreman 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
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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. All other
Employees covered by this Agreement shall be employed on a daily or hourly
basis
(c) In the event that a public official, including the President of the United States, the
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
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.
(d) The Timberman Foreman shall be paid at least three ($3.00) dollars per hour more
than the Journeyman Timberman. The Timberman General Foreman shall be paid
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
at least $6.00 more than the Timberman Journeyman and shall be hired at the
Employer’s discretion.
Section 2 – Shifts
(a) A single shift shall be a continuous nine (9) hours, starting at 8:00 A.M., except
when necessary to conform with the provisions of this Article IX, Section 2,
subdivision (f), including one (1) hour for mealtime. The mealtime may be
curtailed by one-half (1/2) hour.
| (b) | When two shifts are employed, each shift shall be eight and one-half hours with one-half (1/2) hour for lunch. 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. When two (2) or more shifts of Timbermen 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 |
| (c) | |
| (d) | |
| (e) |
when necessary to conform to the provisions of this Article IX, Section 2,
subdivision (I).
(f) Varying Shift Commencement
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 varying
shifts, the Employer may vary the shift of a foreman and his or her entire crew, or
part of his or her crew. However, for the limited purposes of preparatory and
closing work there is no limit on the crew size.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
(g) 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 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 onehalf (8 1/2) continuous hours, allowing one-half hour for lunch.
(h) Emergency Off-Shift Work – Involving Sewer Repair
Due to the safety hazards involved and special knowledge required, emergency
off-shift work involving sewer repair shall be paid at the rate of time and one-half.
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 XII relating to Bonding.
If for any reason the Employer terminates the services of any Employee working under
this Agreement, the accrued wages of that Employee shall be paid to him or her at the time of
termination of his or her employment, otherwise waiting time shall be charged for accrued
wages. If an 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 IX,
Sections 1, 2 and 3, except for reasons beyond the Employer’s control, then in addition, the
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
Employee shall receive time and one-half for the first two (2) hours of waiting on pay day or
layoff, and single time for any additional waiting time, except for 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 – Overtime Meal – Job Steward
(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 at the double
time rate, except when being performed under Article IX, Section 2, shifts.
| (b) | No Timberman is to start work before the designated start time unless it is determined to be overtime. Flexible Lunch Hour |
| (c) | |
| 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 PM to 1:00 PM
| (d) | Overtime Meal For every four (4) hours of overtime worked, an employee shall be allowed one half (1/2) hour for a mealtime. All Timbermen will be given time to have coffee in the morning and wrap up |
| (e) |
their tools and wash up before quitting time.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
| (f) | The Employer will make every effort to give reasonable notice of overtime and a Timberman will never be penalized for being unable to work the overtime, nor shall the Timberman be compensated for any overtime not worked. Other than an emergency, notice of all overtime work should be given to the Timberman before noon if possible. Employers may assign overtime, off-shift and weekend work to the Timbermen |
| (g) | |
| (h) |
they deem to be best suited for the task and will be permitted to move personnel
from other jobs for this work, provided that they do not displace any Timbermen
that is regularly assigned to that job.
Section 5 – Holidays
(a) Holidays shall be observed in accordance with 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)
Columbus Day
Election Day (PresidentialElection Year only)
Thanksgiving Day
Christmas Day
Labor Day
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. 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.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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 Saturdays, Sundays and holidays as
beginning at 8:00 A.M. of the Saturday, Sunday or holiday, continuing until 8:00
A.M. of the following day, except when necessary to conform to the provision of
Article IX, Section 2, subdivision (f).
Section 6 – Work Classifications – Wages – Total Fringes
| (a) | Wage rates and fringe benefit 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 responsible for updating their advancement in the apprentice program
(hours and new rate) with the proper documentation to the Employer. Back pay for any lost
wages, shall not exceed fourteen (14) calendar days if an apprentice has not properly notified his
or her Employer.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
Section 7- Conditions
| (a) | For a composite crew with up to six (6) DCC trades, there shall be one (1) Foreman. A composite crew shall be defined as up to six members of various DCC trades that are sharing in the performance of a task |
| (b) | Timberman Foreman Manning |
The first Timberman on a Timberman job site shall be designated as the working
Timberman Foreman, selected by the Employer. One (1) Timberman Foreman
shall be employed for every six (6) Timbermen and the foreman will work with
tools and equipment applicable to their trade as well as direct and assign tasks for
all Timbermen work. The employment of Timberman Helper Foremen shall be
determined by the Employer. Each Foreman must remain with his or her gang at
the job site.
(c) Storage of Tools and Clothing
The Employer shall provide a suitable shed or room of sufficient size for the
Timberman’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) Timbermen are employed on any job under a single
contract. However, adequate facilities whether mutual or otherwise shall be
provided for said Timbermen. If an Employee covered by this Agreement is
storing his or her tools and/or clothing in said facility, Employer shall be
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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
or she has brought to the job. The Employer’s liability shall be limited to a sum
not to exceed:
| Timbermen’s Tools Overcoat |
$500.00 $150.00 |
| Clothing | $150.00 |
| Shoes | $125.00 |
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.
| (d) | Sharpening of Tools Employees’ tools which become dulled on the job shall be reconditioned at the expense of the Employer. Inclement Weather Gear Rubber boots and coats are to be furnished by the Employer. Timekeeping |
| (e) | |
| (f) |
The District Council and the GCA will work to establish an electronic process for
recording the time worked by each DCC member on a project. The electronic
records and resulting reports will be used by both the Employer and the DCC to
authenticate the time worked to ensure that the proper wages and benefits are paid
for the hours worked.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
The cost of any NYC DCC timekeeping devices and related system and any
training will be entirely borne by the DCC.
(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) Intoxicating Beverages and Controlled Substances
The consumption of intoxicating beverages or improper use of prescription
medications or illegal drugs is prohibited. Violation of this rule is sufficient
reason for dismissal. All jobsites are to be drug and alcohol free.
(i) 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
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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.
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.
| G) | Smoking If there is a local law, or if the owner has a policy, prohibiting smoking on the job, the DCC members shall comply. Apprentice Manning |
| (k) |
Where five (5) or fewer Timbermen are employed, no more than one of them may
be an apprentice. However, where more than six (6) Timbermen are employed, at
least one shall be an apprentice and for every six (6) additional Timbermen
employed at least one (1) additional Apprentice shall be employed. At no time
shall an Apprentice be the only Timberman employed on a work site.
(1) 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
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
29
GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
day “terminated”, for one of the reasons listed above, no later than 10:00 AM 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
may move workers from other jobs to also work on that job, provided that they do
not displace any of the workers that are regularly employed on the job, and, if
they have already worked 40 hours in the week for the Employer, they are paid at
time and one-half. If they have not already worked 40 hours in the week, the
Employer may offer the Timbermen the make-up day at the straight time rate and
will notify the District Council representative.
(k) 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 Union 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.
(1) 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.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
ARTICLE X
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; 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. Timbermen who may be performing work for other
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
Contractors on the same job site, or to perform protection work on a time-and
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 contract
for Timberman work is $1,000,000 or more, the Employer shall contact the Union
to arrange a conference on the job site 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 XI. 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
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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.
ARTICLE XI
Fringe Benefit Funds
Section 1 – Funds – Contributions – Collection
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 and 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 & Industry Fund
(hereinafter “AJRE&I Fund”)
Supplemental Fund (hereinafter “Supplemental Fund”)
Caipenter Contractor Alliance of Metropolitan New York, Inc. (AKA “CCA
METRO”) – UBC Carpenters International Training Fund
All hereinafter collectively “Fringe Benefit Funds;” each Fund to be administered by
Trustees, one-half (1/2) of whom shall be designated by the Union and one-half (1/2) by the
Employers.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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 through the DCC’s I-Remit system.
Contributions shall be paid for hours worked but not on the premium portion of the
overtime rate and are listed in Appendix A.
In the case of Timbermen Foremen, Timbermen Apprentice 1st and 2nd Year and
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.
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, 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 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 Timbermen for hours worked which is
less than the wage rates 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.
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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.
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 contribution from either the Employer, 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 Plans
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
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
Fund, provided that contributions at the rates hereinbefore 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 – 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 7 – 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 Benefits Funds, as set forth in Article XI, 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 – TIMBERMEN -2021
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
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, |
37
GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
the Employer shall be obligated to pay to said Fringe Benefit Funds five (5)
percent of the unpaid contributions as attorney’s fees.
| (d) (e) |
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, interest, costs, or fees for which its subcontractor may be liable. 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 |
| (f) |
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 fee 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: |
| (c) | |
| (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) (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 if |
38
GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
such arbitrator renders an award in favor of such Fund(s), the 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).
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, incurred 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 Carpenter Relief & Charity Fund – two and one-half cents ($0,025) per hour
– Scholarship Fund – two and one-half cents ($0,025) per hour
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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 the Fringe Benefit Stamp. The Fund shall be administered by two persons, one
designated by the Union and the other by the Fund. 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-eight cents ($0.28) 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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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
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 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 and Joiners International Training Fund. The Employer hereby
agrees to be bound by the trust indenture agreement applicable to the Carpenters International
Training 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 15 – Arbitration
Should any dispute or disagreement arise between the parties hereto, or between the
Union and/or the 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
41
GENERAL CONTRACTORS ASSOCIATION– TIMBERMEN -2021
serving a copy of said notice on the Association and the Employer, or the Union and/or the
Union Benefit Fund as the case may be in the 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., 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 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.
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 that they are delinquent
at some point, then they will have to post a bond.
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GENERAL CONTRACTORS ASSOCIATION– TIMBERMEN -2021
ARTICLE XII
Surety Bond
Section 1
Any 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 XII,
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 XII, Section 2. A new Employer upon
completion of an audit by the Funds’ Auditors, and said audit reveals no material discrepancy,
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
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
$20,000
$30,000
$40,000
$60,000
$150,000
$250,000
provide a Surety Bond m the following amounts:
an Employer employing 1 to 5 Employees
an Employer employing 6 to 10 Employees
an Employer employing 11 to 15 Employees
an Employer employing 16 to 20 Employees
an Employer employing 21 to 25 Employees
an Employer employing 26 or more Employees
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
ARTICLE XIII
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 XIV
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 to assure equitable Industry labor
relations through established Grievance Panels and Arbitrations and 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 GCA trustees representing management in connection
with their work for and attendance at trustee meetings of the Benefit Funds in behalf of and for
44
GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
the benefit of the 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 Fund
and each Employer shall be bound by all 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 XV
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
45
GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
applicable laws as to Union security, the parties shall renegotiate any provisions concerning
union security.
In the event that any provisions 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.
IN WITNESS WHEREOF, the parties hereto have hereunder signed this Agreement by
their duly authorized representatives the day and year above-written.
THE DISTRICT COUNCIL OF
CARPENTERS OF NEW YORK CITY
AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA,
FOR TIMBERMEN’S LOCAL 1556
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 I
By
Jos
Executive Secretary Treasurer
Robert G. Wessels
Executive Director
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
APPENDIX A
WAGES AND BENEFITS
1. TIMBERMEN– GENERAL FOREMAN:
| Effective Date | 07/01/2021 | 07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 |
| Hourly Wage | $58.05 | ||||
| $2.00 increase | $2.00 increase | $2.00 increase | $2.00 increase | Hourly Fringe | |
| Benefits | $53.22 | ||||
| SUBTOTAL HCIF |
$ 111.27 $0.30 |
$113.27 TBD |
$115.27 TBD |
$117.27 TBD |
$119.27 TBD |
| 2. TIMBERMEN – FOREMAN: | |||||
| Effective Date | 07/01/2021 | 07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 |
| Hourly Wage | $55.05 | ||||
| Hourly Fringe | $2.00 increase | $2.00 increase | $2.00 increase | $2.00 increase | |
| Benefits | $53.22 | ||||
| SUBTOTAL HCIF |
$108.27 $0.30 |
$110.27 TBD |
$112.27 TBD |
$114.27 TBD |
$116.27 TBD |
07/01/26
$2.00 increase
$121.27
TBD
07/01/26
$2.00 increase
$118.27
TBD
3. TIMBERMEN – JOURNEYMAN.
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.
| Effective Date | 07/01/2021 | 07/01/22 | 07/01/23 | 07/01/24 | 07/01/25 |
| Hourly Wage | $52.05 | ||||
| Hourly Fringe | $2.00 increase | $2.00 increase | $2.00 increase | $2.00 increase | |
| Benefits | $53.22 | ||||
| SUBTOTAL HCIF |
$105.27 $0.30 |
$107.27 TBD |
$109.27 TBD |
$111.27 TBD |
$113.27 TBD |
07/01/26
$2.00 increase
$115.27
TBD
4. FOURTH YEAR TIMBERMEN APPRENTICE:
| Effective Date | 07/01/2021 | 07/01/22 | 07/01/23 |
| Hourly Wage | $41.84 | ||
| $2.00 increase | $2.00 increase | Hourly Fringe | |
| Benefits | $35.50 | ||
| TOTAL H.C.I.F. |
$77.34 $0.30 |
$79.34 TBD |
$81.34 TBD |
07/01/24 07/01/25 07/01/26
$2.00 increase $2.00 increase $2.00 increase
$83.34 $85.34 $87.34
TBD TBD TBD
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
5. THIRD YEAR TIMBERMEN APPRENTICE:
Effective Date 07/01/2021 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26
Hourly Wage $34.18
$2.00 increase $2.00 increase $2.00 increase $2.00 increase $2.00 increase
Hourly Fringe
Benefits $35.50
| TOTAL H.C.I.F. |
$69.68 $0.30 |
$71.68 TBD |
$73.68 TBD |
$75.68 $77.68 $79.68
TBD TBD TBD
6. SECOND YEAR TIMBERMEN APPRENTICE:
Effective Date 07/01/2021 07/01/22 07/01/23 07/01/24 07/01/25 07/01/26
Hourly Wage $26.53
$2.00 increase $2.00 increase $2.00 increase $2.00 increase $2.00 increase
Hourly Fringe
Benefits $35.50
| TOTAL H.C.I.F. |
$62.03 $0.30 |
$64.03 TBD |
$66.03 TBD |
| 7. FIRST YEAR TIMBERMEN APPRENTICE: | |||
| Effective Date Hourly Wage Hourly Fringe |
07/01/2021 $21.42 |
07/01/22 | 07/01/23 |
| $2.00 increase $2.00 increase | |||
| Benefits | $35.50 | ||
| TOTAL H.C.I.F. |
$56.92 $0.30 |
$58.92 TBD |
$60.92 TBD |
$68.03 $70.03 $72.03
TBD TBD TBD
07/01/24 07/01/25 07/01/26
$2.00 increase $2.00 increase $2.00 increase
$62.92 $64.92 $66.92
TBD TBD TBD
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GENERAL CONTRACTORS ASSOCIATION – TIMBERMEN -2021
BENEFIT FUND CONTRIBUTIONS PER HOUR
| Effective Date: Welfare |
07/01/2021 $14.70 |
07/01/22 TBD |
07/01/23 TBD |
07/01/24 TBD |
| Pension | $15.25 | TBD | TBD | TBD |
| Annuity | $11.70 | TBD | TBD | TBD |
| A.J.R.E.& I Fund | $0.70 | TBD | TBD | TBD |
| Vacation | $9.43 | TBD | TBD | TBD |
| Supplemental | $0.05 | TBD | TBD | TBD |
| CCA Metro | $0.28 | TBD | TBD | TBD |
07/01/25 07/01/26
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
SUBTOTAL $53.22 TBD TBD TBD TBD TBD
| APPRENTICE BENEFIT FUND CONTRIBUTIONS PER HOUR | ||||
| HCIF | $0.30 | TBD | TBD | TBD |
| Effective Date: Welfare Pension Annuity A.J.R.E.& I Fund Vacation Supplemental CCA Metro |
07/01/2021 $14.70 $7.75 $5.98 $0.70 $4.93 $0.05 $0.28 |
07/01/22 TBD TBD TBD TBD TBD TBD TBD |
07/01/23 TBD TBD TBD TBD TBD TBD TBD |
07/01/24 TBD TBD TBD TBD TBD TBD TBD |
TBD TBD
07/01/25 07/01/26
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
SUBTOTAL $35.50 TBD TBD TBD TBD TBD
HCIF $0.30 TBD TBD TBD TBD TBD