AGREEMENT
BETWEEN
MEMBERS OF THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK
(“GCA”)
AND
THE HIGHWAY, ROAD AND STREET CONSTRUCTION LABORERS
LOCAL UNION 1010
OF
THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO
JULY 1, 2024 – JUNE 30, 2027
General Contractors Association – Local 1010 Agreement 2024
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLEX
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLEXXI
ARTICLE XXII
ARTICLE XXIII
Table of Contents
Purposes – Declaration of Principles…….. ..… …….….………………………………….. 1
Recognition and Jurisdiction …………………………...…………………………………....3
Union Security -Union Visitation- Shop Steward ..…. ……………………………….. 4
Pre-Job 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 Laborers-Employers Cooperative and Education Trust..….. 28
Local 1010 Laborers – Employers Cooperative and Education Trust………. 29
Market Recovery Committee…….. .… ………......…………………..… ………………… 29
Apprenticeship Program …….…………………………………………………………..…… 30
Drug Testing ..………..………. …… ………………………………………. …………………… 31
Legality …..…..……..……………….………...…………...……….……... ..…………………. 32
Heavy Construction Industry Fund…………....….… ……………... ……………..……. 32
Most Favored Nations …….. …….…………..\………………………...…………… ……… 33
Waiver of Paid Sick Leave …….... …...…………………………………………………… 33
Term Renewal…………………….. .………………… …………………….. 33
General Contractors Association – Local 1010 Agreement 2024
AGREEMENT made as of this 1st day of July, 2024 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 ofthe Laborers’ International Union ofNorth America, AFL-CIO, Washington, D.C. (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) (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 the Union, and the loss of wages to the Employee;enable the Employer to secure at all times sufficient forces of skilled workers;provide as far as possible for the continuous employment of labor;provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon;bring about stable conditions in the Industry;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;continue the custom and practice heretofore prevailing for many years on Site 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. |
| (c) | |
| (d) (e) (f) | |
| (g) (h) | |
| (i) |
General Contractors Association – Local 1010 Agreement 2024
Section 2 – Declaration of Principles
The parties to this Agreement acknowledge that this Agreement is a multiemployer collective bargaining agreement for the Site and Grounds Improvement, Utility, Paving and Road Building 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 workday, 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, within the limits of safety;that there shall be no restriction on the use ofany raw or manufactured materials, except prison made;that, except as provided herein, 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 agreed upon as hereinafter set forth in this Agreement;that, except as provided herein, Employers are at liberty to employ and discharge |
| (b) | |
| (c) | |
| (d) | |
| (e) | |
| (f) |
whomsoever they see fit and the Employer shall at all times be the sole judge as to the work to be performed and whether such 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 status, 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, 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
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General Contractors Association – Local 1010 Agreement 2024
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 9(a) of the National Labor Relations Act (the “Act“), of all full-time and regular part-time 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 Union’s 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 9(a) of the Act.
Section 2 – Jurisdiction
This Agreement covers work performed by the Employer in New York City on Heavy Construction, Site and Grounds Improvement, Utility, Paving and Road Building Work, as hereinafter defined in Article VII.
If 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, i.e. building and foundation construction below street level, or the inspection, rehabilitation or expansion of an existing structure or facility involving any aspect of subsurface construction or excavation, all deconstruction or demolition work; all construction from excavation through final completion of: engineered structures, parking garages, mass transit facilities including but not limited to bus depots, ventilation plants, maintenance shops, 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
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General Contractors Association – Local 1010 Agreement 2024
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.
ARTICLE III
Union Security -Union Visitation- Shop Steward
Section 1- Union Security
(a) It shall be a condition of employment that all employees ofthe 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 on the same terms and conditions generally applicable to other members or Employees on its roster of eligible Employees and, further, that the Employer will not be requested to discharge an Employee for reasons other than such Employee’s 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 Secretary-Treasurer 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 Employer’s 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 hinder the progress ofwork. Onjobsites where union visitation is not possible, or is impractical, the Union shall advise the GCA of the lack of
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General Contractors Association – Local 1010 Agreement 2024
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 this Agreement.
Section 3 – Shop Steward
| (a) Employer. (b) (c) | On all job sites, the first Employee on the job site shall be a Foreman selected by the |
| There shall be one Shop Steward per Employer.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 and/or the Employers shall inform the Union of each Employer’s office address, contact name, telephone number and e-mail 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 (e-mail), facsimile or First Class mail to the address provided by the Employer.
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General Contractors Association – Local 1010 Agreement
ARTICLE IV Pre-Job Conference
2024
| (a) | There shall be a mandatory pre-job conference. The Employer agrees to meet with the |
| Union for a pre-job 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 does not comply within (5) days, the Union may strike such Employer without such action being a violation of the no-strike clause of this contract.
(c) Where a subcontractor has not had a pre-job 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, shall be the occasion for or cause of any lockout, strike or work stoppage. The Employer expressly agrees that it will not lock out its Employees covered by this Agreement. 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 that, 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
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General Contractors Association – Local 1010 Agreement 2024
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 Employer’s wage, fringe benefit contribution, dues remittance and audit obligations, disputes arising out of jurisdictional disputes, disputes concerning an Employer’s discharge of an Employee for his or her Union activity, and an Employer’s 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) | If the grievant is unable to resolve the dispute within twenty-one (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 having jurisdiction 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 Arbitrator’s Power
The Arbitrator shall not have the power to vary, alter, modify or amend any of the terms of this Agreement.
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General Contractors Association – Local 1010 Agreement
ARTICLE VI Jurisdictional Disputes
Section 1- Jurisdictional Disputes Resolution
2024
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 1010 or the Union claiming Local 1010’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 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 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.
Ifthe mediation does not result in a satisfactory resolution or if the agreed upon decision is not implemented within 72 hours after the parties have been notified of the mediation decision, any party involved in the dispute may request that the dispute be brought to arbitration.
d) The arbitration process will work in the following manner: The arbitrator shall be
selected from a list of five that will be selected by the GCA and the GCA’s signatory unions. The arbitrator chosen to hear a particular dispute shall be selected randomly from the list. The hearing shall be conducted in accordance with the procedures established by each arbitrator. The arbitrator’s
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General Contractors Association – Local 1010 Agreement 2024
decision shall be final and binding upon the parties. The costs of arbitration, including the arbitrator‘ s fee, shall be borne equally by the GCA and the party bringing the dispute to arbitration.
Section 2-No Work Stoppage
It is agreed that where a jurisdictional dispute arises between unions affiliated with the AFLCIO, there shall be no stoppage of work by these trades affiliated with the AFL-CIO, and the trade in possession of the work shall proceed with the job and the question in dispute shall be submitted by the trades to the panel as established in Section 1 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 ofthe workday on which the stoppage occurs, and will 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, dues 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.
1. The Work covered by this Agreement includes but is not limited to:
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General Contractors Association – Local 1010 Agreement 2024
(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 roads subsequent to subway, sewer, water main, conduit, power,communications and duct 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 micro-paver or other such equipment is utilized or where asphalt paving has been traditionally performed with such equipment, regardless ofthe 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
micro-paving necessary on streets and roads subsequent to subway, sewer, water main, gas main, communications, and duct line construction 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 Astro-Turf or similar products, landscaping and maintenance, installation and removal of
play equipment, slurry/seal-coating, 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 sub-grade, 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
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General Contractors Association – Local 1010 Agreement 2024
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 stripping 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.
10. 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 street protection, granite curbing,
cobblestone, pavers, paving block, pre-cast concrete/stone and cut 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
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General Contractors Association – Local 1010 Agreement 2024
furniture, curbs, ramps, step streets and barricade walls of all kinds (e.g. landscape walls, seat walls, security walls,) no matter how installed. The preparation and installation of all types ofpaving 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 ofpaving 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, heating/deicing, and/or 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 oftraffic safety for the work under the Union’s 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 lighting, safety
equipment and signage to protect the job site under the Union’s 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
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General Contractors Association – Local 1010 Agreement 2024
aggregate site construction, site improvements and amenities, play field equipment, streetscape furniture, barriers, planters and equipment, wayfinding markers, directional signs, bus shelters, EV and all charging stations, kiosks, pre-fabricated 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 in-ground or in-pavement 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, slurry/seal 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 Union’s 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 fields.
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. All work traditionally performed by Employees covered by this Agreement.
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General Contractors Association – Local 1010 Agreement 2024
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 VII, Section 1.
Section 1- Hours of Work
ARTICLE VIII Hours – Wages – Conditions
(a) Eight (8) hours shall constitute a day’s 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 Employee’s wages and fringes the value of the time period not worked less than eight (8) hours, exclusive of reporting pay provided by this Article VIII, Section 1, 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 5:00 a.m. and 10:00 a.m. 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 employed, 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, then 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 one-half rate.
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General Contractors Association – Local 1010 Agreement 2024
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 one-half rate.
Section 3 – Shifts
| (a) | A single shift shall be a continuous eight and one half (8 Yi ) hours, starting at 7:00 |
| a.m., except as herein provided. The mealtime shall be one half (1/2) 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 one-half (7 1/i) | |
| hours but will be paid for eight (8) hours, since only one-half (1/2) 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. (f) | A week shall start at 7:00 a.m. Monday, and end at 6:59 a.m. Saturday. All work |
performed from 7:00 a.m. Saturday until 6:59 a.m. 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 one-half (1/2) hour increments for any Employee and/or 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 after normal shift commencement, in one-half (1/2) hour increments for any Employee and/or 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.
(h) The Employer can vary the commencement ofthe normal lunch period one hour before
or after same, for any Employee and/or group ofEmployees on any day, and all work performed during
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General Contractors Association – Local 1010 Agreement 2024
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 Employer’s contract, if the work week begins on Sunday and
works through Thursday, straight time rate ofpay 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 all 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.
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General Contractors Association – Local 1010 Agreement 2024
| (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 $100.00 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 Employer‘s 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 Employer’s office. All wages shall be payable in lawful currency, enclosed in an envelope that has the Employee’s name and Employer’s 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. In the event that a salary check is not honored by the bank on which it is drawn for any reason, in addition to all other legal remedies, the Employer shall pay the affected Employee $100 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 ofthe termination ofhis employment, otherwise waiting time shall be charged for accrued 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.
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General Contractors Association – Local 1010 Agreement 2024
Section 6 – Overtime
| (a) | Time and one-halfshall be paid for all work performed from 7:00 am Saturdays to 6:59 |
| am Sunday and for all work in excess of the regular eight (8) hours in a 24-hour period day for the same employer and all work performed before or after the regular eight (8) hour day. | |
| (b) | Double time shall be paid for all work performed from 7:00 am Sunday to 6:59 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 day’s 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 Check-off shall still be deducted from the member’s wages for any Holiday pay accrued and remitted to the funds.
In 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 all work performed on the holiday but will not receive Holiday Pay.
| (b) | New Year’s Day and Christmas Day: These days are not holidays. However, if an |
| Employee is performing work on these two (2) days, he/she will receive single-time 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 Veteran‘s Day shall be a regular work day (single time rate of pay |
if worked, no pay if not worked).
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General Contractors Association – Local 1010 Agreement 2024
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 exceot Production Pavin2 & Soecialtv Line Strioinl!:Foreman | July 1, 2024 | July 1, 2025 | July 1, 2026 |
| $49.95 Wages & Benefits will increase Wages & Benefits will increase | |||
| by $2.30 | by $2.30 | ||
| Formsetter | $49.35 Wages & Benefits will increase Wages & Benefits will increase | ||
| by $2.30 | by $2.30 | ||
| Laborer | $45.48 Wages & Benefits will increase Wages & Benefits will increase | ||
| by $2.30 | by $2.30 |
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:Screed Man / MicroPaver Operator / Asphalt Foreman | July 1, 2024 $49.95 | July 1, 2025 Wages & Benefits will increase by $2.30 | July 1, 2026Wages & Benefits willincrease by $2.30 |
| Raker | $49.35 | Wages & Benefits will increase by $2.30 Wages & Benefits will increase by $2.30 | Wages & Benefits willincrease by $2.30Wages & Benefits willincrease by $2.30 |
| Shoveler / SmallEquipment Operator | $45.48 |
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General Contractors Association – Local 1010 Agreement 2024
Shoveler’s 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.
Effective as of July 1, 2025 and July 1, 2026, the wage and fringe benefit contribution rate for each classification set forth above shall be increased by $2.30 for all 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 l(a) herein.
Section 9 – Withholdings from wages New York State Political Action Committee Dues Check Off
$0.10 per hour worked $1.35 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 standard Agreement for Utility Work: | |
| (i) (ii) | At least two (2) Employees shall be employed on new binder work;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.
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General Contractors Association – Local 1010 Agreement 2024
Section 11 – Provisional Employees
The Union and the GCA agree to form a subcommittee to review the creation of a provisional employee.
ARTICLE IX Intent 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 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 Subcontractor’s 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) | If 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 jobsite. | |
| (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 Employer’s liability hereunder for its Subcontractor’s 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 1010’s trade and geographic jurisdiction,
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General Contractors Association – Local 1010 Agreement 2024
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.
(e) The Employer agrees that it will not subcontract any work covered by this Agreement
in order to circumvent the payment of wages and fringe benefits.
Section 2 – Execution 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 GCA’s terms and conditions of its bylaws and Declarations of Trust of the GCA.
The Employer further agrees that the GCA shall on behalfofthe 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 and/or 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 and/or termination provision of the Agreement.
ARTICLE X Benefit Funds, Union Dues
Section 1- Funds – Contributions
(a) The Employer shall pay the amounts indicated herein for Employees covered by
this Agreement, and employed within the jurisdictional territory of the Union, to a United States
Treasury approved: Pavers 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 1010 Apprenticeship, Skill Improvement and Training Fund (“1010 Training Fund”)
(All hereinafter collectively “Fringe Benefit Funds”), each Fund to be administered by a joint Board
of labor and management trustees. 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, 1010
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General Contractors Association – Local 1010 Agreement 2024
Training Fund and Annuity Fund, which Agreements and Declaration of Trusts are hereby made part of this Agreement and are incorporated herein. Contributions to the Fringe Benefit Funds shall be made on or before the thirty-fifth (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 one-half rate or on the double-time rate. The Annuity Fund contributions shall be paid for all hours paid at the straight time, or time and one-half, or double-time rate. In the interest of the Funds, the parties to this Agreement agree to develop a “one-check” system for all contributions. Effective July 1, 2024 the contribution rates are as follows:
| Effective Date: Welfare Fund: | 07/1/2024 $16.62 | 07/1/2025 TBD | 07/1/2026TBD |
| Income Replacement Benefit* | $8.00 | TBD | TBD |
| Pension: | $17.63 | TBD | TBD |
| Annuity: | $9.25 | TBD | TBD |
| Local 1010 Training Fund: | $1.00 | TBD | TBD |
| NYS LECET: | $0.15 | TBD | TBD |
| NYS Laborers Health & Safety | $0.10 | TBD | TBD |
| Local 1010 LECET | $0.80 | TBD | TBD |
| TOTAL: | $53.55 | TBD | TBD |
| HCIF *Taxable benefit | $0.30 | TBD | TBD |
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 Union’s request to reallocate contributions within thirty (30) days of the Union’s 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 thirty-five (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.
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General Contractors Association – Local 1010 Agreement 2024
(c) Employer reports are to contain each employee’s name, social security number, hours
worked, project number and job locations and such other information as may be required by the Funds.
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) Trustees and the GCA shall select two (2) Trustees.
The parties to this Agreement shall make diligent efforts to implement changes in the Trust 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 $8.00 per hour 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 and/or Pension Fund may participate in the benefits provided herein for Employees of each Employer for whose benefit the aforementioned contributions are made to the Welfare Fund and Pension Fund, provided that contributions at the rates herein before stated are made to the Welfare Fund and Pension Fund on behalf of said Employees ofthe 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 and/or 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,
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General Contractors Association – Local 1010 Agreement 2024
Welfare Fund, Training Fund, Pension Fund and/or Annuity Fund by the respective Employers of said Employees.
Section 5 – Dues Check-Off
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: $1.35 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 1010. The Union agrees to indemnify and to hold harmless the Employer from any and all claims, actions and/or proceedings arising out of said Dues Check-off instituted and/or brought by an Employee.
Section 6 – Interest, Cost, Liquidated Damages
If an Employer fails to pay contributions as provided for in Article XI when due, the Employer shall pay, in addition to, the amounts due and unpaid:
| (a) (b) (c) (d) | annual interest at the rate of 10% per annum;costs and attorneys’ fees;liquidated damages in the amount of ten percent (10%);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 (“ERISA“). |
Section 7 – Delinquency Committee
The Fund Trustees may appoint a Delinquency Committee to consider and take action concerning any delinquency-related 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.
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General Contractors Association – Local 1010 Agreement
Section 1- Bond Amounts
ARTICLE XI Surety Bond
2024
Every Employer covered by this Agreement shall provide a Surety Bond to guarantee contributions to the Funds as provided for in Article XI, Section 1 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 an Employer employing 6 to 10 Employees an Employer employing 11 to 15 Employees an Employer employing 16 through 20 Employees an Employer employing over 21 Employees
$20,000.00 $40,000.00
$50,000.00
$60,000.00 $100,000.00
In the event an audited deficiency exceeds ten percent ( 10%) 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 greater. However, it is agreed that no employer covered by this agreement as of July 1, 2024 is required to change its prior bonding agreement, except as provided in Article XI, Section 7, above.
Section 2 – Alternate Account
Ifthe Employer is unable to post a Surety Bond for any reason, he shall be required to post a like amount in City or State Municipal Bonds or with an escrow account with the Union Fund Office. Ifthe Employer cannot obtain a Surety Bond or, is unable to post an escrow amount in any manner, the Employer must pay the Fund(s) 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.
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General Contractors Association – Local 1010 Agreement
ARTICLE XII
Work Stoppage for Default in Welfare, Training, Pension and Annuity Contributions
2024
(a) Whenever an Employer is in default on payments to the Welfare, Training, Pension
and Annuity Funds referred to in Article XI ofthis Agreement and/or in wages and/or dues remittances required under Articles VIII 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 and/or 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. In the absence of such notice, the Employer is obligated to pay contributions to 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) (1) of ERISA, and further including but not limited to time cards, payroll records, payroll journals, check registers, W-2 forms, time sheets, canceled payroll checks, 1099 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 ofEmployees or from which such can be verified. The Employer shall also make available those parts of the general ledger or cash disbursement
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General Contractors Association – Local 1010 Agreement 2024
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.
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 year’s contribution, or $2,000.00, 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 $150.00 per day for each day the books and records are 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 Employer’s books and records for audit. In the event the Funds bring an action to obtain an audit of the Employer’s books and records, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.
ARTICLE XIV
New York State Laborers-Employers Cooperative and Education Trust
The Employers and Local 1010 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 1010 also recognize that workers as well as business benefit from labor-management cooperation. To seek resolution of these mutual concerns and to advance mutual interests through labor-management 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 Taft-Hartley Act (29 U.S. Code Section 186 (c) (9)).
Each Employer shall pay to the New York State LECET fifteen cents ($0.15) for each hour worked by all Employees under the jurisdiction of Local 1010 employed by each Employer in the territorial jurisdiction of Local 1010. All such payments shall be made within thirty-five (35) days after the conclusion ofthe month in 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 Employer’s monthly report showing contributions to the Pavers and Road Builders District Council Benefit Funds (collectively, “Benefits Funds”). Such payments shall be sent
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General Contractors Association – Local 1010 Agreement 2024
within thirty-five (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 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 ($0.10) per hour to the New York State Laborers Health and Safety Trust, for each hour worked by all Employees under the jurisdiction of Local 1010 employed by the Employer in the territorial jurisdiction of Local 1O10.
ARTICLE XV
Local 1010 Laborers – Employers Cooperative and Education Trust
The GCA and Local 1010 recognize that they confront many issues of mutual concern that may be better resolved through cooperation than bargaining. The GCA and Local 1010 also recognize that workers and employers benefit from labor-management cooperation. To seek resolution of these mutual concerns and to advance mutual interests through labor-management cooperative efforts, the GCA and Local 1010 have formed the Local 1010 Laborers Employers Cooperative and Education Trust (” 1010 LECET“) which is established in accordance with Section 302(c)(9) of the Taft Hartley Act (29 U.S .C. ยง186 (c)(9)) 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 shall create a Market Recovery Committee (“Committee”). The Committee shall consist ofthree (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 Committee is to promote the unionized segment of the industry and address the anticompetitive issues presented by non-union 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 jobsites more favorable terms than are provided under this Agreement.
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General Contractors Association – Local 1010 Agreement
ARTICLE XVII Apprenticeship Program
Section 1- Apprenticeship Program
2024
An Apprenticeship Program is agreed to by the parties to this agreement. Only Employers that contribute to the Local 1010 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 Level -not less than 66% of the laborer’s wage rate 2nd Level -not less than 70% of the laborer’s 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 laborer’s 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 experience shall be paid the wage rate of the period to which such credit advances them.
When apprentices complete 4,000 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.
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General Contractors Association – Local 1010 Agreement 2024
Hours spent in Related Instruction shall not be considered hours of work in computing overtime.
Effective July 1, 2024 the hourly wage rates and fringe benefit contributions for the Local 1010 GCA Apprenticeship Program are as follows:
Apprenticeship Rates
1st Level Rate (1 – 2,000 hours) 2nd Level Rate (2,001– 4,000 hours) Fringe Benefits
07/01/24024
$31.36 $33.00 $26.67
(Local 1010 Training Fund, Pavers District Council Welfare Fund, LECET, NYS Safety and Health, Local 1010 LECET)
Effective July 1, 2024, 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 1010 LECET HCIF
$0.15 $0.10 $0.80 $0.30
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 and/or quasi-public agency or Public Utility to test the Employees covered by this Agreement for drugs and/or alcohol abuse, they shall comply with the following:
At the discretion of the agency, owner or Employer, employees may be subject to prehire and post-accident drug testing. At the Employer’s discretion or in the event of an Employer’s 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 shall pay for the cost of the testing program. If the Employer’s contract
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General Contractors Association – Local 1010 Agreement 2024
with an agency requires a more comprehensive drug testing program, the agency’s requirements shall apply.
ARTICLE XIX
Legality
Any provision of this Agreement which provides for union security or employment in a Manner and to an extent prohibited by any law or the determination of any governmental board or agency shall be and hereby is of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions which are hereby declared to be of no force or effect because of restrictions imposed by law is or are determined either by Act of Congress or other legislative enactment or by a decision of the court of highest recourse to be legal or permissible, then any such provisions shall immediately become and remain effective during the remainder of the term of this Agreement. In the event that there shall be changes in applicable laws as to union security, the parties shall 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 Employer’s) remittance payable to the Heavy Construction Industry Fund for the aggregate of the sums of thirty cents ($0.30) effective July 1, 2024, by all Highway, Road and Street Construction Laborers and by all Foremen employed by each of the Employers in the territorial jurisdiction of Local 1010, 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 one-half or double time rate of pay. The Welfare Fund’s 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 Construction Industry Fund, as
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General Contractors Association – Local 1010 Agreement 2024
aforementioned, 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 from Employers less than the Fund’s cost of administration with respect to the collection of said contributions, the bookkeeping, accounting and forwarding of said remittances to the Heavy Construction Industry Fund as well as the setting up of machinery and procedures relating to such collection and remittance. All remittances of the sums referred to in this paragraph shall be sent by each of the Employers to the Welfare Fund within thirty-five (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.
ARTICLE XXI
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 1, 2024, 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 196-b and 196-c), 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 VIII, Section 7 (Holidays).
ARTICLE XXIII
Term Renewal
This Agreement shall continue in effect until and including June 30, 2027, and during each year thereafter unless on or before the fifteenth (15th) day of March 2027, or on or before the
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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.
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.
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 LAB ERS, LOCAL 1010
| FOR AND ON | HALF OF, AUTHOR! ED B , THE MEMBERS OF THE GENERAL |
| CONTRACTORS ASSOCIATION AND O HER THE GENERAL CONTRATORS ASSOCIA: | LOYERS WHO HAVE APPOINTEDAS COLLECTIVE BARGAINING AGENT |
WHOSE NAMES ARE ATTACHED HERETO AS EXHIBIT A
GENERAL CONTRACTORS ASSOCIATION
60 East 42nd Street, Suite 3510
New York, NY 10165
By: fd/ij
Robert Wessels, Executive Directo