AGREEMENT BETWEEN MEMBERS OF THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK GCA AND THE lliGHWAY ROAD AND STREET CONSTRUCTION LABORERS LOCAL UNION 1010 OF THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA AFLCIO JULY 1 2021 JUNE 30 2024 General Contractors Association Local 1010 Agreement 2021 ARTICLE I ARTICLE 11 ARTICLEJH ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIJT ARTICLE IX ARTICLEX ARTICLE XI ARTICLE XII ARTICLE XIJJ ARTICLE XIV ARTJCLEXV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTfCLEXXI ARTICLE XXII ARTJCLE XXIII Table of Contents Purposes Declaration of Principles J Recognition and Jurisdiction 3 Union Security Union VisitationShop Steward 4 PreJob Conference 6 Disputes 6 Jurisdictional Disputes 8 Site and Grounds Improvement Utility Paving Highway Road and Street Construction Work Employees Covered 9 Hours Wages Conditions 14 Intent of Agreement 21 Benefit Funds Union Dues 22 Surety Bond 26 Work Stoppage for Default in Welfare Training Pension and Annuity Contributions 27 Auditing 27 New York State LaborersEmployers Cooperative and Education Trnst 28 Local 10 IO Laborers Employers Cooperative and Education Trust 29 Market Recovery Connittee 29 Apprenticeship Program 30 Drug Testing 31 Legality 32 Heavy Construction Industry Fund 32 Most Favored Nations 33 Waiver of Paid Sick Leave 33 Tenn Renewal 33 General Contractors Association Local 1010 Agreement 2021 AGREEMENT made as of this 1st day of July 2021 by and between Members of the General Contractors Association hereinafter GCA and other Employers who have appointed the GCA as their collective bargaining agent to negotiate this Agreement hereinafter collectively and individually Employer or Employers and the Highway Road and Street Construction Laborers Local Union 1010 of the Laborers International Union ofNorth America AFLCJO Washington DC hereinafter Union covering the terms and conditions of employment of employees of the Employer who perform work covered by this Agreement as defined below hereinafter Employees 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 c prevent waste unnecessary and avoidable delays which result in unnecessary costs and expense to the Employer and the Union and the loss of wages to the Employee d enable the Employer to secure at all times sufficient forces of skilled workers e provide as far as possible for the continuous employment of labor t provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon g bring about stable conditions in the Industry h keep costs of work in the Site and Grounds Improvement Utility Paving and Road Building Work 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 Sile and Grounds Improvement Utility Paving and Road Building Work 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 as provided for hereunder General Contractors Association Local 1010 Agreement 2021 Section 2 Declaration of Principles The parties to this Agreement acknowledge that this Agreement is a multicmployer collective bargaining agreement for the Site and Grounds Improvement Utility Paving and Road Building lndustry 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 shalJ perform during his workday it being understood that said Employee shall perform a fair and honest days 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 c that there shall be no restriction on the use of any raw or manufactured materials except prison made d that except as provided herein no person shall have the right to intefere 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 agreed upon as hereinafter set forth in this Agreement f that except as provided herein Employers are at Liberty to employ and discharge whomsoever they see fit and the Employer shall at all times be the sole judge as to the work to be performed and whether st1ch work performed by an Employee is or is not satisfactory g that GCA the Employer and the Union agree that they have not and will not discriminate because of race creed color national origin age disability religion marital statt1s citizenship status sex sexual orientation veteran status or union membership against any individual Section 3 Completeness of Agreement It is understood that the Purposes and Declaration of Principles herein set forth arc 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 Ollt 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 2 General Contractors Association Local 1010 Agreement 2021 provide for the carrying out and putting into effect during the term hereof the Purposes and Principles of this Agreement Section 1 Recognition ARTICLE II Recognition and Jurisdiction The GCA and each of its Employers hereby recognize the Union as the sole and exclusive bargaining agent within the meaning of Section 9a of the National Labor Relations Act the Act of all fulltime and regular parttime employees performing site and grounds improvement utility paving and road building work employed on all present and future job sites within the jurisdiction of the Union For each Employer this recognition is predicated on the Unions presentation of a clear showing that the majority of employees in the bargaining unit are members of the Union and desire the Union to act as their exclusive representative within the meaning of Section 9a of the ct Section 2 Jurisdiction This Agreement covers work performed by the Employer in New York City on Heavy Constrnction Site and Grounds Improvement Utility Paving and Road Building Work as hereinafter defined in Article VII lf the Employer engages in any class of work not embodied in Heavy Construction Paving and Road Building Work as hereinafter defined both parties shall comply with all of the Union conditions then existing in that class of work Heavy Construction Work where referred to in this Agreement is hereby defined as including but not limited to new construction ie building and foundation constrnction below street level or the inspection rehabilitation or expansion of an existing structure or facility involving any aspect of subsurface constrnction or excavation all deconstrnction or demolition work all constrnction from excavation through final completion of engineered structures parking garages mass transit facilities including but not limited to bus depots ventilation plants maintenance shops transit yards stations tunnels railway lines and work along railway rights of way highways roads streets bridges parks piers wharves and bulkheads marine transfer stations 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 3 General Contracto1s Association Local 1010 Agreement 2021 and wastewater treatment plants power plants power generating stations electrical substations and pipelines all excavation and sitework including but not limited to all ins ta I lation 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 constrnction exclusive of the erection of building superstructures since this latter work is agreed to be a separate and distinct branch of the Construction l ndustry ARTICLE III Union Security Union Visitation Shop Steward Section 1 Union Security a ft shall be a condition of employment that all employees of the Employer who perform work covered by this Agreement shall become or remain members in good standing of the Union or shall pay uniform initiation and agency fees on or after the later of the eighth 8th day following the date of execution of this Agreement or the eighth 8th day following the beginning of covered employment The Union agrees that all Employees will be accepted to membership or to its roster of eligible Employees 011 the same terms and conditions generally applicable to other members or Employees 011 its roster of eligible Employees and further that the Employer will not be requested to discharge an Employee for reasons other than such Employees failure to tender the periodic dues or fees uniformly required This shall in no way restrict the Union from the lawful discipline of its membership b The Employer agrees to discharge seven days after receiving written notice signed by the SecretaryTreasurer or Trustee of the Union any Employee listed in the notice as having failed to tender initiation and agency fees uniformly required The Union shall indemnify and hold the Employer harmless for any financial liability arising from the Employers compliance with such notice Section 2 Union Visitation Authorized representatives of the Union shall be allowed to visit jobs and to interview the Employer and Employees but shall in no way interfere with or hinde the progress of work Onjobsites where union visitation is not possible or is impractical the Union shall advise the GCA of the lack of 4 General Contractors Association Local 1010 Agreement 2021 access meet with the GCA within 72 hours of notice and if the visitation issue cannot be resolved may appoint a Shop Steward as the second employee hired to perform work covered by th is Agreement Section 3 Shop Steward a On all job sites the first Employee on the job site shall be a Foreman selected by the Employer b There shall be one Shop Steward per Employer c In the event that an Employer is 90 days or more delinquent in the payment of any fringe benefit fund contributions required pursuant to Article X Section 1 herein there shall be one Shop Steward on each job site at any time the Employer performs covered work An Employer will be deemed delinquent for purposes of this provision if there are no payments made when work is performed or a final audit determines that 10 of contributions due during an audit period have not been paid and the Employer has received notice of the delinquency and not paid within ten 10 days of the demand d The Shop Steward will be allowed sufficient time to perform his or her duties and will not be discharged laid off for any reason without prior approval of the Business Manager The Union shall have the right to remove or replace the Shop Steward at any time The Shop Steward shall be allowed to move from one employer jobsite to another employer job site to investigate complaints or problems of other member employees as long as the Union gives the Employer between 24 and 48 hours notice The Shop Steward is a working steward and shall not use his or her position as Shop Steward to avoid performance of his or her duties as an employee The Shop Steward is not authorized to add or subtract from the terms of the Agreement or interpret the Agreement or take any other action that may cause this Agreement to be in violation of any federal or state laws or regulations Section 4 Employer Notice and Contact Information The GCA andor the Employers shall inform the Union of each Employers office address contact name telephone number and email address and shall promptly inform the Union of any changes to this information All notices sent by the Union to an Employer shall be deemed effective when delivered by electronic mail email facsimile or First Class mail to the address provided by the Employer 5 General Contractors Association Local 1010 Agreement ARTICLE IV PreJob Conference 2021 a There shall be a mandatory prejob conference The Employer agrees to meet with the Union for a prejob conference prior to the commencement of any work on the subject project This requirement shall apply to any and all subcontractors b In the event that an Employer violates this Article the Union may serve a five 5 day notice of its intention to strike on such Employer If the Employer docs not comply within 5 days the Union may strike such Employer without such action being a violation of the nostrike clause of this contract c Where a subcontractor has not had a prejob conference the five 5 day notice shall also be served on the prime contractor ARTICLE V Disputes Section 1 No Lockout Strike Work Stoppage It is hereby agreed that except as otherwise provided in this Agreement no question or dispute or breach of this Agreement which may be caused by any of the parties hereto shal I be the occasion for or cause of any lockout shike or work stoppage The Employer expressly agrees that it will not lock out its Employees covered by this Agreement It is understood that the cessation of work due to holidays observed by other trades will not constitute a lockout The Union expressly agrees not to strike or in any manner stop or hinder work covered by this Agreement It is agreed tbat except as otherwise provided herein 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 Notwithstanding the above the Union may withdraw Employees from any job to enforce payment of wages or of contributions or audit obligations to the Fringe Benefit Funds to enforce the requirement that Union dues be deducted from the wages of Employees or to enforce payment to the Union of Union dues already deducted from the wages of Employees The Union must provide 6 General Contractors Association Local 1010 Agreement 2021 72 hours notice of its intention to remove Employees from a job to the Employer by hand delivery or certified mail and provide for a copy to be sent to the GCA Section 2 Procedures of Grievance Arbitration Except as otherwise provided in this Agreement and except for claims disputes and demands arising out of the Employers wage fringe benefit contribution dues remittance and audit obligations disputes arising out of jurisdictional disputes disputes concerning an Employers discharge of an Employee for his or her Union activity and an Employers demand that Employees work under dangerous conditions 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 In the event of a grievance as defined by this Section the Union and the GCA shall work together to attempt to reach an amicable resolution b Any grievance that is not asserted by written notice delivered to the other party within thirty 30 business days of when the grievance was known or should have been known to the grievant is waived c lf the grievant is unable to resolve the dispute within twentyone 21 days from the date of the delivery of the notice the grievant may submit the grievance to be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Labor Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court havingjurisdiction thereof Section 3 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 Section 4 Expenses The expenses of the arbitration shall be shared equally by the parties Section 5 Limitation on Arbitrators Power The Arbitrator shall not have the power to vary alter modify or amend any of the terms of this Agreement 7 General Contractors Association Local 1010 Agreement ARTICLE VI Jurisdictional Disputes Section 1 Jurisdictional Disputes Resolution 2021 The Employers bound by this Agreement recognize the jurisdictional claims of the Laborers Local 1010 The Employers and the Union agree that jurisdictional disputes on heavy construction projects shall be addressed in the following manner a The first action to resolve a dispute will be a work site discussion among the involved parties the work site discussion should take place within 48 hours of the onset of the dispute If the work site discussion results in a resolution of the issue there shall be no further action taken by the involved parties b If work site discussions do not result in a satisfactory resolution of the issue any of the involved parties the Employer Local IO IO or the Union claiming Local 101 Os 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 ofclaim 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 andor 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 ie 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 f the mediation does not result in a satisfactory resolution or if the agreed upon decision is not implemented within 72 hours after the parties have been notified of the mediation decision any party involved in the dispute may request that the dispute be brought to arbitration d The arbitration process will work in the following manner The arbitrator shall be selected from a list of five that will be selected by the GCA and the GCAs signatory unions The arbitrator chosen to hear a particular dispute shall be selected randomly from the list The healing shall be conducted in accordance with the procedures established by each arbitrator The arbitrators 8 General Contractors Association Local 1010 Agreement 2021 decision shall be final and binding upon the parties The costs of arbitration including the arbitrators fee shall be borne equally by the GCA and the party bringing the dispute to arbitration Section 2 No Work Stoppage It is agreed that where a jurisdictional dispute arises between unions affiliated with the AFLCIO there shall be no stoppage of work by these trades affiliated with the AFLCIO 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 established in Section I above Section 3 Termination of Employment During Work Stoppage Except as otherwise provided herein and except when Employees honor a primary strike or picket line in the event of any stoppage of work caused by any Union or Unions the Employer may lay off its Employees at the end of the workday on which the stoppage occurs and wi II not have to pay these Employees for any time during the period of the work stoppage except when the Employer is in default on payments to the Fringe Benefit Funds or on payment of wages d11es remittance or its audit obligations as provided herein ARTICLE VII Site and Grounds Improvement Utility Paving Highway Road and Street Construction Work Employees Covered Section 1 Site and Grounds Improvement Utility Paving Highway Road and Street Construction Work covered by this Agreement This Agreement covers all Site and Grounds Improvement including but not limited to Utility Paving Highway Road and Street Construction Work Work on highways bridges roads streets avenues alleys aprons airports runways taxiways sewer treatment plants bus depots parking lots including shoulders and malls there parks plazas malls housing projects playgrounds schools athletic fields and all other sites and incidental work thereto Said Work extends to the edge of the building structure inside and outside property lines and or right of way said Work also extends to an entrance or exit that continues into a public street or highway and from sub grade to the finished surface I The Work covered by this Agreement includes but is not limited to 9 General Contractors Association Local 1010 Agreement 2021 a All paving work regardless of the material used including regulating grading patch paving concrete paving binder placement asphalt paving and repaving including but not limited to temporary paving patchwork paving utility paving and Production Paving as defined below b All asphalt restoration work including temporary concrete and asphalt paving necessary on streets and rnads subsequent to subway sewer water main conduit power communications and dL1ct line construction and all types of jobs where temporary and permanent asphalt is used c In accordance with existing practices Production Paving means i permanent asphalt paving and permanent asphalt repaving of streets roads highways runways parks parking lots tennis courts school grounds public housing grounds and any and all other surfaces when a paver or micropaver or other such equipment is utilized or where asphalt paving has been traditionally performed with such equipment regardless of the manner in which work is actually performed and all work incidental thereto except site preparation and milling work ii all asphalt restoration work including but not limited to asphalt paving and micrnpaving necessary on streets and roads subsequent to subway sewer water main gas main communications and duct line constrnction and other similar type jobs when a paver or other such equipment is utilized or where asphalt paving has been traditionally performed with such equipment regardless of the manner in which work is actually performed and all work incidental thereto except site preparation and milling work 2 Any work related to the application of Rubberized Asphaltic Base Material any material used as a base for AstroTurfor similar products landscaping and maintenance installation and removal of play equipment slurrysealcoating line striping road painting and line striping removal 3 The removal of old pavement by excavating milling or any method in use on the job site the removal of curbs sidewalks and the roadway to subgrade including the removal of hazardous soil lead abatement and or asbestos removal in conjunction with the regular scope of work 4 The installation of dowels expansion joints rubber sidewalks stamp sidewalk tiles on sidewalk bus pads road base dye on the mix of concrete spraying sealing or coating of any safety surface chemical on to concrete asphalt or any other recreational surface the sealing of all the joints General Contractors Association Local 1010 Agreement 2021 in the pavement sidewalk curbs and walls within the regular scope of work distributing puddling raking and grading of all concrete work including when utilized as a base for other types of pavement 5 Saw cutting within the scope of work green cut on sidewalks and roads 6 All concrete work granite marble precast and rubberized materials for aprons curbs islands sidewalks pavements streets and highways including weather protection with burlap plastic curing compounds thermal blankets work incidental to tending temporary heating and snow removal 7 The carrying setting and stlipping of all forms of concrete and steel curbs building the forms for work covered by this Agreement including but not limited to sidewalks concrete highways or pavement and similar highways and bridges 8 Road and pavement finishing including but not limited to broom burlap spray and slurry finishes coating with epoxy the pouring and finishing of pervious concrete also called porous concrete permeable concrete and porous pavement the paving of all porous and pervious asphalt pavements 9 The pouring and finishing of steel and concrete curb I 0 The preparation and painting of the steel face curb at punch list time 11 The placement of all asphalt curbs and concrete curbs when a concrete paver is used on the job site 12 The cutting of the steel face curb for handicap ramps driveways walkways or any decorative curb face 13 Unloading and carrying all reinforcement materials for covered work 14 Operating small power tools and operating small power equipment 15 Restoration of all paving relocation adjusting and setting of roadways and street casting subsequent to subway sewer water and gas mains communications and duct line construction and similar construction projects 16 Temporary and permanent thermoplastic and other materials road marking and striping the removal of the temporary road marking or striping 17 The handling preparation and installation of all stLeet protection granite curbing cobblestone pavers paving block precast concretestone and cul natural stone of all kinds slate brick cement brick and block curb hex block asphalt black asphalt pavers marble granite stone including but not limited to all paving curbs barrier walls and block work for both vertical and horizontal structures including but not limited to paving stones staking stones coping stones street I I General Contractors Association Local 1010 Agreement 2021 furniture curbs ramps step streets and barricade wal Is of all kinds eg landscape walls seat walls security walls no matter how installed The preparation and installation of all types of paving blocks including but not limited to rubber tiles slate brick cobble stone cement brick hex block marble granite and all precast pavement sidewalks slabs set in sand dirt asphalt concrete cement or any other material mixed or otherwise 18 Paving Block and Curb includes preparation and the installation of all types of paving blocks of any dimension or material including concrete asphalt composite stone granite brick bluestone mixed aggregate coral glass or plastic blocks or slabs of any dimension with photovoltaic heatingdeicing andor lighting elements regardless of materials or technologies used and regardless of power source except for any connective electrical work stacking stones or any type of block used as a pavement ramp step or landscape barrier set on asphalt concrete sand mortar drypack mix grout tar adhesive or any other product used in the paving procedure roadways malls curbs steps walk ways bike paths playgrounds schoolyards parking lots courtyards amphitheaters open areas surrounding a building outdoor markets arenas and any type of horizontal surface from the edge of the building including but not limited to inside and outside of any property line or open area All the above tasks apply to and include rooftop garden paving systems 19 Landscaping which is incidental to paving and road work encompasses grading mixing distributing and raking of top soil and fertilizers also the planting and maintenance of trees shrubs grass beach grass and similar plant matter the placement of cobble stones around the trees cement bricks or any other tile or iron made materials on the tree pits any laboring work related to the placement or removal of trees and maintenance of the same 20 The maintenance and protection of traffic safety for the work under the Unions jurisdiction 21 The installation maintenance and repair of any temporary fence concrete timber curb and railing or plastic barriers tree protection or root protection arrow boards battery I ighting safety equipment and signage to protect the job site under the Unions jurisdiction and any prep work for permanent fencing including coring and placement of holes coring and concreting cementing or grouting of holes 22 Site work in connection with base ballasts markers and monuments pavements and appurtenances basic materials and methods joint material curbs and gutters rigid pavement or concrete paving earthwork excavation and fill flexible pavement and asphalt paving compacted 12 General Contractors Association Local 1010 Agreement 2021 aggregate site construction site improvements and amenities play field equipment streetscape furniture barriers planters and equipment wayftnding markers directional signs bus shelters charging stations kiosks prefabricated footings anchor bolts for the work set forth herein security bollards tree guards tree and landscape barrier walls railings rock gardens all labor in the installation of incidental equipment structures monuments signage in parks playgrounds streetscapes pavements and roads installation of horizontal inground or inpavement signage or light such as pancake lights and light bases and all such similar fixtures of all types in cement asphalt asphalt cement and bitumastic materials and pole mounted or other vertically mounted signage of all types site restoration and rehabilitation safety surfaces athletic and recreational surfaces etc 23 All work traditionally performed by Employees represented by the Union on Parks Department School Construction Authority and Housing Authority projects and small private parking lots including landscape planting and maintenance temporary fence installations line striping installation and removal slurryseal coating play equipment installation maintenance safety surface small equipment and power tools operation not Operating Engineer sign installation and all general laboring on those projects under the Unions jurisdiction 24 On athletic fields the unloading and carrying of all materials the installation of all base material and drainage mats the unloading and placement of all turf materials and the unloading carrying and application of all infill materials whether it be sand composite or rubberized and the raking and sweeping of infill materials whether it be sand composite or rubberized and the raking and sweeping of the infill into the turf field including all labor needed for repair of athletic ields 25 Formsetting for all types of roadways sidewalks drive ways walkways alleyways parks schoolyards play grounds athletic fields airports runways parking lots malls courtyards outdoor markets and open spaces up to the building line This includes all curbs and pavements regardless of size length width or depth for tennis courts athletic field borders hand ball courts skateboard parks all concrete and asphalt ramps and French drains monument barriers and footings timber railing concrete pads for impact attenuator devices landscape borders all sport surfaces specialty sidewalks specialty surfaces rubberized surfaces Formsetting includes all labor from preparation to placement and finish of all concrete and form work 26 Al I work traditionally performed by Employees covered by this Agreement 13 General Contractors Association Local 1010 Agreement 2021 Section 2 Employees Covered The Employees covered by this Agreement shall perform the Work covered by the Agreement as defined above under the classifications set forth in Article Vll Section 1 Section 1 Hours of Work ARTICLE VIII Hours Wages Conditions a Eight 8 hours shall constitute a days work Except as otherwise provided herein any failure to work these hours due to acts of the Employee gives the Employer the right to pay only for hours actually worked and the Employer may deduct from the Employees wages and fringes the value of the time period not worked less than eight 8 hours exclusive of reporting pay provided by this A1ticle VIII Section I Subdivision c b Varying Shift Commencement It is understood and agreed that because of certain statutes laws ordinances regulations and contractual requirements of various federal state city and public authorities governing the performance of work covered by this Agreement requiring the varying of shift commencement shift hours shall be varied between 500 am and I 000 am for all the work crew to conform with said statutes laws ordinances regulations and contractual requirements and such shift work will be paid at the single time rate in conformity with the terms contained in this Agreement c Reporting Conditions If Employees report on a job after having been requested to do so by the Employer and are not cmployed the Employer shall pay to each of said Employees wages for two 2 hours for reporting and the number of Employees to be so paid shall not exceed the number of Employees requested to report on the job by said Employer When failure to provide work is due to failure of materials to reach the job bad weather or conditions beyond the control of the Employer lhen said Employees will not be entitled to payment of wages for so reporting Section 2 Night Work On night work the first eight 8 hours of work will be paid at the single time rate Hours worked over eight 8 hour during said shift will be paid for at the time and onehalf rate 14 General Contractors Association Local 1010 Agreement 2021 For production paving work only on night work the first eight 8 hours of work shall be paid ten percent 10 over the single time rate Hours worked over eight 8 hours during said shift shall be paid for at the time and onehalf rate ection 3 Shifts a A single shift shall be a continuous eight and one half 8 12 hours starting at 700 am except as herein provided The mealtime shall be one half l2 hour b eight 8 hours c d When two 2 shifts are employed the work period for each shift shall be a continuous When two 2 or more shifts are employed single time will be paid for each shift When three 3 shifts are employed each shift will work seven and onehalf 71h homs but will be paid for eight 8 hours since only oneha If I 2 hour is allowed for mealtime e Employees performing Production Paving work shall receive a ten percent 10 shift differential over the single time wage rate when there is only one Production Paving shift and the shift works at night t A week shall start at 700 am Monday and end at 659 am Saturday All work performed from 700 am Saturday until 659 am Sunday will be at Saturday rate of pay On any Monday through Friday inclusive the Employer can vary the shift commencement of any single or two or three shifts four 4 hours before or after normal shift commencement in onehalf 12 hour increments for any Employee andor group of Employees on any shift day and all work performed during said varied shift shall be paid for at the straight time rate in conformity with the terms contained in this Agreement provided however that the Employer is not permitted to vary shifts on a day to day basis g On any Monday through Friday inclusive the Employer can vary the shift commencement of any single or two or three shifts four 4 hours before or afler normal shift commencement in onehalf 12 hour increments for any Employee andor group of Employees on any shift day and all work performed during said varied shift shall be paid for at the straight lime rate in conformity with the terms contained in this Agreement provided however that the Employer is not permitted to vary shis on a day to day basis h The Employer can vary the commencement of the normal lunch period one hour before or after same for any Employee andor group of Employees on any day and all work performed during 15 General Contractors Association Local 1010 Agreement 2021 said varied lunch period shall be paid for at the single time rate in conformity with the terms contained in this Agreement i When required by the Employers contract if the work week begins on Sunday and works through Thursday straight time rate of pay will be paid for the first eight 8 hours of each shift regardless of shift start time The Employer must provide the union with the contractual requirements prior to work beginning and the schedule must be maintained for the duration of the job The union may appoint a Shop Steward for every shift on this job Section 4 Safety and Health a No Employee shall be required to engage in any activity involving dangerous conditions of work or danger to person or property in violation of an applicable statute court order or governmental regulation relating to safety of person or equipment b In the event that the Employer violates Subdivision a above a withdrawal by the Union of the services of the Employee or Employees engaged in the particular operation shall not be in violation of this Agreement by the Union c The Employer and the Union do hereby agree to work together to promote safety on the job for the benefit of all Employees and the public Safety rules and regulations will be made known to al I Employees and the use of safety equipment will be continually promoted by both parties d The Union and the Employer agree that willful neglect and failure by an Employee to obey company safety rules and regulations or to obey safety rules standards and regulations as prescribed pursuant to the Occupational Safety and Health Act or other governmental regulation or legislation or to use properly such safety devices or equipment as are provided by the Employer may be just cause for discharge and it shall be the decision of the Union as to whether recourse will be had to the grievance procedures of this Agreement e The Union agrees that Union representatives visiting job sites shall obey all company safety rules and regulations and shall obey all safety rules standards and regulations prescribed pursuant to the Occupational Safety and Health Act or other governmental regulation or legislation and shall wear and use properly all safety devices or equipment Employees on the job site are required to wear and use 16 General Contractors Association Local 1010 Agreement 2021 f The Employer shall provide warm suitable shelter of sufficient size where all Employees may eat their lunch and hang their clothing The Employer shall provide and the Employees shall maintain clean and sanitary toilet and drinking facilities including ice water in the summer g No provision of this Agreement shall supersede any municipal state or federal law which imposes more stringent requirements as to safety sanitary or general work conditions than are imposed by this Agreement Section 5 Payment of Wages a 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 withheld The day selected as the first pay day on any job shall be the designated pay day until the completion of the job If the pay day falls on a holiday payment shall be made on the work day preceding such holiday On failure to pay on the regularly scheduled pay day the Employer shall pay to the Union a penalty of 10000 per Employee for each week the Employee is not paid as provided herein The Employee may pursue all legal remedies to which he or she is entitled for the Employers failure to pay on the regularly scheduled day If an Employee is not on the job site when pay is distributed on a regular pay day because of any reason for which the Employer is responsible the Employee is allowed one hour with pay to retrieve his or her pay from the Employers office All wages shall be payable in lawful cunency enclosed in an envelope that has the Employees name and Employers name regular hours worked plus overtime hours worked all lawful deductions and the amount due or by a negotiable payroll check showing all of the above information drawn upon a chartered bank within the region payable upon demand at par ln the event that a salary check is not honored by the bank on which it is drawn for any reason in addition to al I other legal remedies the Employer shall pay the affected Employee lO0 and the Employer shall not be permitted to pay wages by check in the future unless it posts a bond to ensure the payment of wages b Iffor any reason the Employer terminates the services of any Employee working under this Agreement the accrued wages of that Employee shall be paid at the time of the termination of his employment otherwise waiting time shall be charged for accrned wages If an Employee shall of his own volition leave the services of his Employer then his Employer may retain his wages until the next regular payday 17 General Contractors Association Local 1010 Agreement 2021 Section 6 Oveitime a Time and onehalf shall be paid for all work performed from 700 am Saturdays to 659 am Sunday and for all work in excess of eight 8 hours on a single shift per day b Double time shall be paid for all work performed from 700 am Sunday to 659 am Monday and Holidays Section 7 Holidays a Holidays to be observed are Memorial Day Fourth of July Independence Day Labor Day Thanksgiving Day Holiday pay shall be prorated by the Employer based on 25 of a days straight time wages for each day worked in the calendar week in which the holiday occurs to a maximum of eight 8 hours paid Fringe benefit contributions will not be due on holiday pay when the holiday is not worked NY State PAC and Dues Checkoff shall still be deducted from the members wages for any Holiday pay accrned and remitted to the funds ln the event that Independence Day occurs on a Saturday the holiday will be observed on that Saturday and if it occurs on a Sunday it will be observed on the Monday the day after No Employee shall be paid for any of these holidays by more than one 1 Employer If an Employee works on said holiday the employee will be paid double time wages and applicable benefits for alI work performed on the holiday but will not receive Holiday Pay b New Years Day and Christmas Day These clays are not holidays However if an Employee is performing work on these two 2 days heshe will receive singletime rate plus 25 c Columbus Day shall be an unpaid holiday In the event work is performed on Columbus Day the Employee will be paid double time wages and applicable benefits d Election Day and Veterans Day shall be a regular work day single time rate of pay if worked no pay if not worked 18 General Contractors Association Local 1010 Agreement 2021 Section 8 Work Classifications and Wages The Employees performing Work covered by this Agreement shall receive the wages set forth below in the following Work Classifications Fringe Benefits shall be paid to the Pavers District Council Trust Funds in the amounts set forth below All Work cxccut Production Pavine July l 2021 July 1 2022 July 1 2023 Soccialtv Line Strioine Foreman 4845 Voges Uc11cn1s wlll inere11sc by S218 Voges Oe11en1s will ineeasc by S218 Form setter 4785 Wngcs Oenefils will increase by S218 Wnies Oendils will incrense by S2J8 Laborer 4398 Wnges Oenefils will inerense by S218 Wnies Denefils wlll incrense by S218 Laborers work includes all preparation work removal of all pavement regardless of material including but not limited to milling of asphalt and concrete all concrete work not performed by the Foreman or Formsetter all temporary asphalt paving utility paving and patch work paving road construction and related work including fence installation and repair slurry seal coating crack sealing maintenance safety surface operation of small equipment and small power tools operation play equipment installation landscape planting and maintenance and all other work defined in this Article VI not covered by another classification herein On Production Paving July 1 2021 July 1 2022 July 1 2023 Screed Man Micro 4845 Wages Benefits will Wages Benefits will Paver Operator increase by 218 increase by 218 Asphalt Foreman Raker 4785 Wages Benefits will Wages Benefits will increase by 218 increase by 218 Shoveler Small 4398 Wages Benefits will Wages Benefits will Equipment Operator increase by 218 increase by 218 Shovelers work includes all work performed in connection with Production Paving as defined in Article VII herein including but not limited to AC Paint and Liquid Tar work except Work performed by Employees in the Foreman Screed Person and Raker classifications 19 General Contractors Association Local 1010 Agreement 2021 Effective as of July l 2022 and July 1 2023 the wage and fringe benefit contribution rate for each classification set forth above shall be increased by 218 for al I covered employees This provision applies to both production paving work and all other work All Fringe Benefit contribution increases are subject to allocation pursuant to Article XI Section 1 a herein Section 9 Withholdings from wages New York State Political Action Committee Dues Check Off 010 per hour worked 135 per hour worked Section 10 Manning Levels a b Manning for Production Paving i Six 6 Employees shall be employed on the asphalt spreader for production paving work ii The number of Employees to be employed on all other work shall be determined by the Employer Manning Utility Work This shall be the sLandard Agreement for Utility Work i At least two 2 Employees shall be employed on new binder work ii At least three 3 Employees shall be employed on the application of a surface course and iii Emergency and winter work shall be processed at the discretion of the Union and Employer Any variance from this standard in Utility Work will be immediately applicable to all Employers herein c Manning Form Setter Crew A form setter crew shall consist of one 1 Form setter and a minimum of two 2 laborers The number of men on the crew will increase at the discretion of the Employer as the job progresses Section 11 Provisional Employees The Union and tbe GCA agree to form a subcommittee to review the creation of a provisional employee 20 General Contractors Association Local 1010 Agreement ARTICLE IX Jntent of Agreement 2021 This Agreement and all of its terms and provisions arc predicated on an effort and a spirit of bringing about more equitable conditions in the Construction lndustry and the language herein shall not be misconstrued to evade the principles or intent of this Agreement Section 1 Binding Subcontractors and Other Firms a The Employer may subcontract covered work under the following conditions i the Subcontractor has adopted this Agreement or another current collective bargaining agreement with the Union and ii the Employer guarantees the payment of the Subcontractors wages and fringe benefit contributions owed due to its work under the subcontract provided that timely notice is given The Employer shall give notice to the Union of the subcontracting of any work covered by this Agreement on any project before persons are employed on such project Such notice shall identify the location of the project and the name and address of the Owner and Subcontractor b ff the Employer subcontracts job site work falling within the terms of this Agreement provisions will be made in each subcontract stating that a current agreement between the Subcontractor and the Union is required to perform covered work at the jobsitc c The Employer upon thirty 30 days notice from the Union or any of the Funds must withhold money due to a Subcontractor for wages and fringe benefit contributions until such time that the Employer is assured by the Funds that the Subcontractor has met all financial obligations with respect to the payment of wages as well as Welfare Pension and other fringe benefits to the Funds involved The absence of such notice shall not affect the Employers liability hereunder for its Subcontractors failure to meet all financial obligations with respect to the payment of Welfare Pension Annuity and other fringe benefits to the Funds d If the Employer or any principal or owner covered by this Agreement forms or acquires by purchase merger or otherwise control whether by ownership stock or management of another company performing work covered by Local IO I Os trade and geographic jurisdiction this Agreement shall cover such other operation and the employees of such other bargaining unit shall be considered an accretion to the bargaining unit to the extent permitted by law 21 General Contractors Association Local 1010 Agreement 2021 e The Employer agrees that it wi II not subcontract any work covered by this Agreement in order to circumvent the payment of wages and fringe benefits Section 2 Executio11 of the Agreement This Agreement shall be executed by both parties hereto and countersigned by the duly authorized officers of the International body or bodies governing the Local Union if required by said International By the Employer affixing its signature to this collective bargaining agreement the Employer has agreed to be bound by the GCAs terms and conditions of its bylaws and Declarations of Trust of the GCA The Employer further agrees that the GCA shall on behalf of the Employer negotiate successor Collective Bargaining Agreements amendments renewals and extensions of the Collective Bargaining Agreements and the Employer agrees to be bound by any and all amendments renewals andor extensions of the above referenced GCA Collective Bargaining Agreements unless and until this Agreement is properly terminated by either the Employer or the Union in accordance with the renewal andor termination provision of the Agreement ARTICLEX Benefit Funds Union Dues Section 1 Funds Contributions a The Employer shall pay the amounts indicated herein for Employees covered by this Agreemenl and employed within the jurisdictional territory of the Union to a United States Treasury approved Pavcrs and Road Builders District Council Welfare Fund hereinafter Welfare Fund Pavers and Road Builders District Council Pension Fund hereinafter Pension Fund Pavers and Road Builders District Council Annuity Fund hereinafter Annuity Fund and the Local l O IO Apprenticeship Skill Improvement and Training Fund 0 IO Training Fund All hereinafter collectively Fringe Benefit Funds each Flmd to be administered by a joint Board of labor and management trnstees The Employer is bound by all of the terms and conditions of the Agreements and Declarations of Trust with respect to the Welfare Fund Pension Fund J 010 Training Fund and Annuity Pund which Agreements and Declaration of Trusts are hereby made part of this Agreement and are incorporated herein Contributions to the Fringe Benefit Funds shall 22 General Contractors Association Local 1010 Agreement 2021 be made on or before the thirtyfifth 35th day after the close of the month in which the hours were worked The following Dues Check off Welfare 1010 Training and Pension Fund contributions shall be paid for all hours worked but not on the premium portion of the time and onehalf rate or on the doubletime rate The Annuity Fund contributions shall be paid for all hours paid at the straight time or time and onehalf or doubletime rate In the interest of the Funds the parties to this Agreement agree to develop a onecheck system for all contributions Effective July I 2021 the contribution rates are as follows Effective Date 0712021 0712022 0712023 Welfare Fund 1570 TOD TBD Income Replacement Benefit 600 TBD TBD Pension 1671 TBD TBD Annuity 825 TBD TBD Local l O IO Training Fund 090 TBD TBD NYSLECET 015 TBD TBD NYS Laborers Health Safety 010 TBD TBD Local 10 LO LECET 070 TBD TBD TOTAL 4851 TBD TBD HCIF 030 TBD TBD Taxable as wages paid as a supplement to the Welfare Fund The Union may reallocate any portion of Fringe Benefit contribution increases and wage increases to the Funds with notice and consent of the Fringe Benefit Funds Trustees The Trustees shall respond to the Unions request to reallocate contributions within thirty 30 days of the Unions request The Trustees shall not unreasonably deny a request to reallocate contributions to the Funds b The Employer must submit reports in a timely manner at the end of each week when the Employer does not have a bond and thirtyfive 35 days after the close of a month when the Employer is covered by a bond whether or not work is performed during said period c Employer reports are to contain each employees name social security number hours worked project number and job locations and such other information as may be required by the Funds 23 General Contrnctors Association Local 1010 Agreement 2021 Section 2 Administration of Fringe Benefit Funds The Fringe Benefit Funds provided for by this Agreement shall be jointly administered by Trustees designated equally between the Union and the GCA The Union shall select two 2 Trnstees and the GCA shall select two 2 Trustees The parties to this Agreement shall make diligent efforts to implement changes in the Trnst documents to effectuate the provisions of this section of the Agreement Section 3 Welfare Fund a New York State Disability and Paid Family Leave 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 and Paid Family Leave Law b Income Replacement Benefit The Welfare Fund accepts a 600 per hom income replacement benefit from Employers that is taxable as wages and is paid as a supplement to the regular Welfare Fund contribution This may be modified by agreement of all parties Section 4 Coverage of Additional Employees Under the Welfare Pension Training and Annuity Funds a Every present and future salaried regular Employee of the Union Welfare Fund Training Fund andor Pension Ftind 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 rates herein before stated are made to the Welfare Fund and Pension Fund on behalf of said Employees of the Union Welfare Fund and Pension Fund by the respective Employers of said Employees b Every present and future salaried regular Employee of the Union Welfare Fund Training Fund Pension Fund andor Annuity Fund may participate in the benefits provided herein for Employees of each Employer for whose benefit the aforementioned contributions are made to the Annuity Fund provided that contributions at the rates to be established by the Trustees of the Annuity Fund are made to the Annuity Fund for or on behalf of said Employees of the Union Welfare Fund Training Fund Pension Fund andor Annuity Fund by the respective Employers of said Employees 24 General Contlactors Association Local 1010 Agreement 2021 Section 5 Dues CheckOff The Employer agrees to deduct as Union dues from the wages of each Employee covered by this Agreement who authorizes such deduction in writing and to pay to the Union the sums listed below plus such additional sums as may be hereafter be specified by the Union Dues Check off Rate 135 per hour The Employer shall remit such deductions monthly together with its Pension Training Welfare and Annuity contributions The Employer shall remit a separate check for Union dues deductions payable to Highway Road Street Construction Laborers Local I 010 The Union agrees to indemnify and to hold harmless the Employer from any and all claims actions andor proceedings arising out of said Dues Checkoff instituted andor brought by an Employee Section 6 Jnterest Cost Liquidated Damages If an Employer fails to pay contributions as provided for in Article XJ when due the Employer shall pay in addition to the amounts due and unpaid a annual interest at the rate of I 0 per annum b costs and attorneys fees c liquidated damages in the amount of ten percent 10 d audit costs and all amounts fees costs penalties and disbursements provided by statute or regulation including but not limited to the Employee Retirement Income Security Act of 1974 as amended ERJSA Section 7 Delinquency Committee The Fund Trustees may appoint a Delinquency Committee to consider and take action concerning any delinquencyrelated matters that may be delegated to it Any such Delinquency Committee shall consist of one member appointed by the Union and one member appointed by the GCA The Delinquency Committee may establish or alter the bonding requirements for any Employer covered by this agreement 25 General Contractors Association Local 1010 Agreement Section 1 Bond Amounts ARTICLE XI Surety Bond 2021 Every Employer covered by this Agreement shall provide a Surety Bond to guarantee contributions to the Funds as prnvided for in Article XI Section l and to guarantee dues deductions as provided for in Article XI Section 5 Said Surety Bond shall be in the following amounts an Employer employing 1 to 5 Employees 2000000 an Employer employing 6 to l O Employees 4000000 an Employer employing 11 to 15 Employees 5000000 an Employer employing 16 through 20 Employees 6000000 an Employer employing over 21 Employees 10000000 In the event an audited deficiency exceeds ten percent I 0 of fringe benefit contributions during the audited time period the Employer shall post a bond in the amount of twice the audited deficiency or the above scheduled amount whichever is grealer However it is agreed that no employer covered by this agreemenl as of July l 2021 is required to change its prior bonding agreement except as provided in Article XI Section 7 above Section 2 Alternate Account If the Employer is unable to post a Surety Bond for any reason he shall be required to post a like amount in City or Slate Municipal Bonds or with an escrow account with the Union Fund Office lf the Employer cannot obtain a Surety Bond or is unable to post an escrow amount in any manner the Employer must pay the Funds weekly by certified check Notwithstanding any no strike provision to the contrary if after agreeing to pay weekly the Employer is delinquent one 1 day after said payment is due the Union will remove the men under its jurisdiction from the job until payment is made The men removed from the job shall be entitled to receive the amount of compensation lost by them not to exceed three 3 days pay at the straight time rate 26 General Contractors Association Local 1010 Agreement ARTICLE XII Work Stoppage fo1 Default in Welfare Training Pension and Annuity Contributions 2021 a Whenever an Employer is in default on payments to the Welfare Training Pension and Annuity Funds referred lo in Article XI of this Agreement andor in wages andor dues remittances required under Articles Vlll and XI 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 on the worksite during regular working hours they shall be paid for lost time not to exceed three 3 days pay b The Employer must provide written notice to the Union in the event that it ceases business operations andor seeks protection under the bankruptcy laws The Employer must provide written notice to the Union in the event that it employs a member of the Union on work which is outside the jurisdiction of the Union n the absence of such notice the Employer is obligated to pay contributions lo the Fringe Benefit Funds as prescribed in Article XI hereof for all such work unless contributions are paid for the Employee to the local jurisdiction ARTICLE XIII Auditing 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 Trustees may direct an audit of said Employer In addition each Employer shall make available at reasonable times for inspection and audit by the Trust Funds whenever such examination may be deemed necessary or advisable by the Trustees in connection with the proper administration of the Trust funds any and all such books and records of the Employer as the representatives of the Funds may request including but not limited to all records which the Employer is required to maintain under Section 209 a l of ERfSA and further including but not limited to time cards payroll records payrol I journals check registers W2 forms time sheets canceled payroll checks l 099 forms payroll tax reports evidence of unemployment insurance contributions job records and any other documents and reports that reflect the hours and wages or other compensation of Employees or from which such can be verified The Employer shall also make available those parts of the general ledger or cash disbursement ledger that pertain to payroll and bargaining unit employees The Employer shall retain the above books and records for a minimum period of six 6 years 27 General Contractors Association Local 1010 Agreement 2021 The Funds shall bear the cost of the inspection and audit except where the audit discloses a delinquency in excess of 15 of the prior years contribution or 200000 whichever is greater In the event the Employer fails to produce the books and records necessary for an audit the Employer agrees to pay a penalty of 15000 per day for each day the books and records arc not produced The Employer also agrees that in that situation the Funds shall be permitted to create a presumption as to what the contribution should be using the hours worked in the previous twelve 12 months Nothing herein shall mean that the Funds relinquish their right to commence legal proceedings to compel an examination of the Employers books and records for audit ln the event the Funds bring an action to obtain an audit of the Employers books and records the Employer shall be obligated to pay the reasonable costs and attorneys fees incmred in bringing said action ARTICLE XIV New York State LaborersEmployers Cooperative and Education Trust The Employers and Local 10 IO recognize that they must confront many issues of mutual concern which are more susceptible to resolution through labor management cooperation than through collective bargaining The Employers and Local IO IO also recognize that workers as well as business benefit from labormanagement cooperation To seek resolution of these rnutual concerns and to advance mutual interests through labormanagement cooperative efforts the Employers and Local 1010 agree to participate in the New York State Laborers Employers Cooperative and Education Trust LECET which is established in accordance with Section 302 c 9 of the TaftHartley Act 29 US Code Section 186 c 9 Each Employer shall pay to Lhe New York State LECET fifteen cents 015 for each hour worked by all Employees under the jurisdiction of Local l O IO employed by each Employer in the territorial jurisdiction of Local I OJ 0 All such payments shall be made within thirtyfive 35 days after the conclusion of the monthin which said hours were worked The Employer shall list the names of the Employees for whom such contributions have been made and the amount contributed for each such Employee in the Employers monthly report showing contributions to the Pavers and Road Builders District Council Benefil Funds collectively Benefits Funds Such payments shall be sent within thirtyfive 35 days after the conclusion of the month in which said hours were worked to the Benefits Fund with the understanding however that the Benefits Funds neither assume nor have any 28 General Contractors Association Local 1010 Agreement 2021 obligation or responsibility of any kind to anyone for the collection of said sums or otherwise The Benefits Funds only obligation with respect to said remittances is limited to sending same to the New York State LECET not less frequently than monthly New York State Laborers Health and Safety Trust The Employer agrees to contribute ten cents 010 per hour to the New York State Laborers Health and Safety Trust for each hour worked by al I Employees under the jurisdiction of Local IO 10 employed by the Employer in the territorial jurisdiction of Local 10 I 0 ARTICLE XV Local 1010 Laborers Employers Cooperative and Education Trust The GCA and Local I 010 recognize that they confront many issues of mutual concern that may be better resolved through cooperation than bargaining The GCA and Local l O IO also recognize that workers and employers benefit from labormanagement cooperation To seek resolution of these mutual concerns and to advance mutual interests through labormanagement cooperative efforts the GCA and Local 1010 have formed the Local 1010 Laborers Employers Cooperative and Education Trust IO l O LECET which is established in accordance with Section 302c9 of the Taft Hartley Act 29 USC 186 c9 and will be directed by a Board of Trustees composed equally of representatives of Local 1010 and the GCA ARTICLE XVI Market Recovery Committee The GCA and the Union shal I create a Market Recovery Committee Committee The Committee shall consist of three 3 members appointed by the Union and three 3 advisory members appointed by the GCA The Committee shall meet a minimum of four 4 times per year The goal of the Comm ittce is to promote the unionized segment of the industry and address the anticompetitive issues presented by nonunion contractors that do not adhere to prevailing wage and other laws and regulations The Committee shall have the power to identify specific jobsites and grant the employer performing work at those jobsitcs more favorable terms than are provided under this Agreement 29 General Contractors Association Local 1010 Agreement ARTICLE XVII Apprenticeship Program Section 1 Apprenticeship Program 2021 An Apprenticeship Program is agreed to by the parties to this agreement Only Employers that contribute to the Local l 010 Apprenticeship Skill Improvement and Training Fund Training Fund shall be eligible to participate in the Apprenticeship Program Except as otherwise agreed by the Union and the GCA Employers who do not contribute to the Training Fund shall not be entitled to work under the provisions of the Apprenticeship Program It is the intention of the parties to move towards an open recruitment Apprenticeship Program which will select apprentices from a pool of eligible applicants that is not limited to the current employees of participating employers The selection process will conform to the New York State Apprenticeship Training requirements and will seek to increase minority and female participation Section 2 Apprenticeship Rates Apprentices performing work covered by this Agreement shall be paid a progressively increasing schedule of wages that shall be no less than the following 1st Yearnot less than 66 of the laborers wage rate 2nd Yearnot less than 70 of the laborers wage rate Currently employees whose starting rate or credit level under the Apprenticeship Program would place them at less than their present rate will remain at their present rate or the laborers trade rate whichever is lower until normal advancement within the Apprenticeship Program places them at a higher rate Apprentices who are given credit for previous expcrience shall be paid the wage rate of the period to which such credit advances them When apprentices complele 4000 hours of training completed all required classes and have been in the Apprenticeship Program for at least two years they are to receive not less than the rate paid to journeymen in the trade in which they served their apprenticeship after approval of their completion of training by the Apprenticeship Committee Ilours spent in Related Instruction shall not be considered hours of work in computing overtime 30 General Contractors Association Local 1010 Agreement 2021 Effective July l 202 l the hourly wage rates and fringe benefit contributions for the Local 1010 GCA Apprenticeship Program are as follows Apprenticeship Rates 07012021 1st Year Rate I 2000 hours 2986 2nd Year Rate 2001 4000 hours 3150 Fringe Benefits 2355 Local IO IO Training Fund Pavcrs District Council Welfare Fund LECET NYS Safety and Health Local 1010 LECET Effective July 1 2021 the Employer shall contribute with respect to each hour worked by an Apprentice to the following entities at the following rates NYS LECET NYS Safety Health Local 10 IO LECET HCIF 015 010 070 030 Section 3 Apprenticeship Documentation Apprentices are solely responsible to provide employers with proper documentation regarding status and hours worked ARTICLE XVIII Drug Testing The Employer and the Union agree that when required by a contract of any City State Federal andor quasipublic agency or Public Utility to test the Employees covered by this Agreement for drugs andor alcohol abuse they shall comply with the following At the discretion of the agency owner or Employer employees may be subject to prehire and postaccident drug testing At the Employers discretion or in the event of an Employers reasonable suspicion the Employer may institute random drug testing administered by a certified third party provider on the condition that the provider randomly selects the individuals to be screened The Employer shal I pay for the cost of the testing program If the Employers contract with an agency requires a more comprehensive drug testing program the agencys requirements shall apply 31 General Contractors Association Local 1010 Agreement ARTICLE XIX Legality 2021 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 rt 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 renegotiate 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 ARTICLE XX Heavy Construction Industry Fund For the benefit of the Heavy Construction Industry Fund hereinafter called Heavy Construction Industry Fund each of the Employers shall also send monthly to the Welfare Fund its the Employers remittance payable to the Heavy Construclion Industry Fund for the aggregate of the sums of thirty cents 030 effective July 1 2021 by all Highway Road and Street Construction Laborers and by all Foremen employed by each of the Employers in the territorial jurisdiction of Local IO 10 with the distinct understanding however that in connection therewith except as hereinafter provided in the succeeding sentence hereof the Welfare Fund neither assumes nor has any obligation or responsibility of any kind to anyone for the collection of said sums or otherwise The foregoing payments shall be based upon hours worked not on premium portion of time and onehalf or double ti1T1c rate of pay The Welfare Funds only obligation with respect to said remittances required to be sent by each of the Employers to the Welfare Fund by remittance payable to the Heavy Constrnction Industry Fund as afornmentioned is limited to the Welfare Fund sending to the Heavy Construction Industry Fund not less frequently than monthly all such remittances actually received by the Welfare Fund 32 General Contractors Association Local 1010 Agccment 2021 from Employers less than the Funds cost of administration with respect to the collection of said contributions the bookkeeping accounting and forwarding of said remillances to the Heavy Constrnction Industry Fund as well as the setting up of machinery and procedures relating to such collection and remittance All remitlances of the sums referred to in this paragraph shall be sent by each of the Employers to the Welfare Fund within thirtyfive 35 days after the conclusion of the month in which the hours referred to in said first sentence were worked by the laborers and Foremen referred to in said first sentence ARTICLEXXI Most Favored Nations Clause The Union agrees that it will not enter into an Agreement with any employer containing more favorable terms and conditions than those agreed to in this Agreement Should it be shown that the Union has entered into an Agreement with more favorable terms and conditions then the GCA may decide that Employers covered by this Agreement shall be covered by the agreement with more favorable terms and conditions in lieu of this Agreement ARTICLE XXII Paid Sick Leave Continuing as of July l 2021 the parties waive application of paid family leave sick leave or vacation leave requirements established by federal state or city law or governmental agency including the NYS Sick Leave Law New York Labor Law Sections l 96b and 196c the New York City Earned City Time Act and the NYS Paid Family Leave Law to the extent permissible by law The parties acknowledge and in good faith believe that this Agreement provides bargaining unit members with benefits comparable to or more favorable than those required by current law including such benefits provided through the Income Replacement Benefit and those provided under Article XI Section 3 Welfare Article Vllf Section 7 Holidays ARTICLE XXIII Term Renewal This Agreement shall continue in effect until and including June 30 2024 and during each year thereafter unless on or before the fifteenth 15th day of March 2024 or on or before the fifteenth 15th day of March of any year thereafter written notice of termination or proposed changes shall have been served by either party on the other party 33 General Contractors Association Local 1010 Agreement 2021 In the event that written notice shall have been served an agreement supplemental hereto embodying such changes agreed upon shall be drawn up and signed by June 30th of the year in which the notice shall have been served 34 General Contractors Association Local 1010 Agreement 2021 IN WITNESS WHEREOF the parties hereto have hereunder signed this Agreement by their duly authorized representatives effective as of the day and year above written HIGHWAY ROAD AND STREET CONSTRUCTION LABORERS LOCAL 1010 By FOR AND ON BEHALF OF AUT OR ED BY THE MEMBERS OF THE GENERAL CONTRACTORS ASSOCIATION A OTHER EMPLOYERS WHO HA VE APPOINTED THE GENERAL CONTRA TORS ASSOCIATION AS COLLECTIVE BARGAINING AGENT WHOSE NAMES ARE A TT ACHED HERETO AS EXHIBIT A GENERAL CONTRACTORS ASSOCIATION 60 East 42nd Street Suite 3510 New York NY 10165 By Robert Wessels Executive Director
