GCA/L 147 CBA and MOA 7.1.2022 thru 6.30.26

General contractors association – tunnel workers agreement between the compressed air and free air tunnel workers union local 147, liuna and the general contractors association of new york, inc. July 1, 2022 – june 30, 2026 index agency mandated starts additional security benefit fund annuity fund apprenticeship program local 147 arbitration as to welfare, retirement, vacation or amrnity fund arrears attendance bonus changehouse complete agreement compressed air jobs, work in locks compressed air jobs, work outside locks contract variation conveyors discrimination and equal employment oppo1iunity disputes-no strikes-no lockouts drilling and drilling machines drug testing duration and termination emergency hoisting facilities facilities featherbedding free air jobs page 6 35 34 4 36 43 25 52 14 15 42 27 49 51 28 20 52 27 26 42 15 general repair and maintenance of all subway tunnels previously constructed completed under the jurisdiction of the union 11 general shop steward 29 grievance – arbitration 51 handicapped and certain senior employees 2 heavy construction industry fund 37 hiring 2 hiring and discharge 30 holidays 12 illegality 49 installation of pipes, valves and appurtenances and platform and stairways in underground main valve chambers, riser valve chambers and shafts in nyc water tunnels 46 insurance clause 4 7 jurisdiction 1 jurisdictional disputes 52 laborers-employers cooperation and education trust 48 liner plates, precast concrete segments & soil solidification wage & benefit 20 package liuna training and education fund 40 local 147 training fund 38 lunch period and assignment of employees to a lunch period 16 lunch period in the tunnel 17 management rights 41 manning 21 ii membership new jobs new york state laborers’ health & safety trust new york state laborers’ political action committee notice overtime paid family leave payment to supervisors-employees on weekly basis payroll week physical examination for compressed air jobs placing of reinforcing rods political action fund – local 147 pre-job conference preventative maintenance work recognition record of wage deductions regular work day regular work week repairs of sewers and drainage tmmels constructed by local 147 repairs on existing tunnels reporting pay retirement fund safety meeting lll 3 43 36 32 2 6 50 19 14 14 24 31 1 11 1 48 4 5 10 9 18 33 47 saturday and daily overtime repair maintenance work on tunnel construction 7 subcontractors and other firms 47 toxic material 47 union service fee 38 vacation fund 33 varying shift commencement 5 ventilation 4 7 visitation 29 wage payment – checks -termination 18 wage schedule 19 waiver of paid sick leave 49 weekly pay 47 welfare fund 30 working chamber 26 working conditions – safety- manning 21 working hours 14 iv gca – tunnel workers local 147 – 2022 agreement made this 1st day of july 2022, by the tunnel committee of the general contractors association of new york, inc. (hereinafter “gca”), who are signatories to this agreement (hereinafter “employer”), and the compressed air and free air foundations, tum1els, caissons, subways, cofferdams, sewer construction workers, local no. 147 ofnew york, new jersey states and vicinity, liuna, (hereinafter called the “union”). Now, therefore, in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows: section 1 – recognition article i recognition and jurisdiction the employer recognizes the union as the sole and exclusive bargaining representative for such of its employees engaged in the work under its contracts over whom the union has jurisdiction, for all tunneling operations, including but not limited to subways, sewer, water, vehicular and utility tunnels and all shafts, manholes and access ways in connection therewith, of the classifications, as stated in schedules “b-1” and “b-2”, hereto attached, whether in compressed air or free air or by soil solidification methods or otherwise, whether in rock or in soft ground and whether driven by liner plate, by shield, by mole or otherwise. Such operations are hereinafter collectively referred to as “the trade. ” section 2 – jurisdiction the employer recognizes that the union has acquired jurisdiction of the trade in new york, new jersey states and vicinity and agrees that it will not assist or abet violations of such acquired jurisdiction in the hiring of employees or in the continuation of employment of such employees. Section 3 – pre-job conference pursuant to article i, section 1 of this agreement, the employer will hold a conference with the union as soon as possible after the award to the employer of the contract for a particular project covered by the agreement, to advise the union as to the scope of the project, the methods and equipment intended to be employed and the prospective starting times of its various phases. 1 gca – tunnel workers local 147 – 2022 section 4 – notice pursuant to article i, section 1 of this agreement, the employer agrees to give the union 72 hours advance notice of the employer’s intent to start heading or shaft gangs or to increase gangs by four or more employees. Said notice shall be given in writing to the general shop steward or, in their absence, to an authorized union representative previously designated by the general shop steward. This shall not bar hiring without such notice to the extent that emergencies or unusual conditions beyond the control of the employer shall have rendered it impracticable to give such notice. The employer shall have the right to withdraw said notice provided it does so in writing to the general shop steward or, in their absence, to an authorized union representative previously designated by the general shop steward, no later than the conclusion of the applicable work shift on the day preceding the start of the new work. Article ii section 1 – hiring except as hereinafter provided in connection with handicapped and certain senior employees, the employer in hiring, shall give preference to applicants experienced at the trade in new york and new jersey, and shall not hire inexperienced personnel unless there are no qualified experienced persom1el reasonably available. Section 2 – handicapped and certain senior employees in hiring for the jobs of outside lock tender-gauge tender ( one person), change house attendant, powder watchperson, nipper, signalperson, shaftperson and top laborer, preference shall be given applicants who, in the opinion of the employer, are capable and competent to perform the work of such classifications, who have sustained at the trade, on any phase of a job involving compressed air work, a major physical disablement or who are over the age of fifty years and have had ten years’ experience in work under compressed air. 2 gca -tunnel workers local 147 – 2022 article iii section 1 – membership the employer recognizes the union as the sole and exclusive bargaining representative for such of its employees of the classifications under its above referred to contracts, as stated in schedules “b-1” and “b-2” attached hereto, over whom the union has jurisdiction. The employer shall continue to employ for the work of its above referred to contracts to be governed by this agreement for the classifications of work listed in the said schedules, upon the terms and conditions 1 hereof, such workers, providing such workers shall as a condition of continuance of employment seven days after the date of the execution of this agreement, or, in the case of new employees, seven days after the date of hiring, become members of the union and remain members in good standing in the union during the term of this agreement. No employee shall be terminated from employment because of his/her non-membership in the union unless there was available to such employee membership on the same terms and conditions generally applicable to other members and the employee has failed to tender the periodic dues and the initiation fee uniformly required as a condition of acquiring or retaining union membership. Such employment shall be under the terms and conditions and rates of wages presently applicable as provided in the wage and benefit schedules – attached and made part of this agreement. Such terms, conditions and rates of wages have been arrived at and determined through bona fide collective bargaining between the parties to this agreement. Foreperson, walking bosses and superintendents, except general superintendents and assistant general superintendents, shall at all-time be members of the union. Walking bosses and superintendents shall not be subjected to discipline by the union for carrying out the lawful orders of the employer. In order to clarify the meaning of section 1, article iii of this contract between the parties, insofar as it relates to the hiring of supervisory personnel, it is to be interpreted to mean 1 see wage and benefit schedules – attached and made part of this agreement 3 gca -tunnel workers local 147 – 2022 that the employer shall hire persons in present good standing in the union who have a total of five years continuous good standing, except in case of emergency or except where those persons who are available and have five years continuous good standing but are not, in the discretion and control of the employer, qualified for supervisory duties. Where an employer refuses to hire a person with the required five years, said employer must give good and sufficient cause for such refusal. If the aforesaid persons are subsequently not hired, the union shall have the right to supply persons with these qualifications until the position is filled. Neither the employer nor the union shall, in any controversy subsequently arising out of the preceding language offer parole evidence in fmther interpretation thereof, nor shall either seek to prove any proposal or counterproposal considered by the parties in negotiating said language. Section 2 – apprenticeship program the union, with the assistance of the gca, have established an approved apprenticeship program. Apprentices shall initially be paid at 50% of the number of the number 16 rate in schedule b and will be adjusted as follows: 1,000 hours worked 2,000 hours worked 3,000 hours worked 4,000 hours worked 60% of# 16 rate in schedule b 75% of#16 rate in schedule b 90% of# 16 rate in schedule b 100% of# 16 rate in schedule b in order to qualify as an apprentice, a laborer must be enrolled in the apprentice training program. Under no circumstances may a laborer by listed as an apprentice unless such prerequisite training has been completed. Article iv section 1 – regular work day the regular workday on the free air po1tion of projects shall consist of eight hours. The regular workday on the compressed air p01tion of projects shall be as hereinafter specified. 4 gca-tunnel workers local 147-2022 section 2 (a) regular work week the regular work week shall consist of five regular work days commencing the shift reporting at 8 :00 a. M. Monday and terminating at the close of the shift working between midnight and 8:00 a. M. The following saturday, except when necessa1y to conform to the provisions of subdivisions (b) and ( c ), section 2 of this article iv. For the purpose of computation of holidays, saturdays and sundays, the day shall be deemed to commence at 8:00 a. M. Of the day in question and to end at 8:00 a. M. Of the succeeding day, except when necessary to conform to the provisions of subdivisions (b) and ( c ), section 2 of this article iv. When a job requires production work on a saturday, sunday or holiday, the employer shall notify in writing the general shop steward or in their absence, an authorized union representative previously designated by the general shop steward the day before advising of the intention to work said saturday, sunday or holiday, unless an emergency makes such notice umeasonable. This notice may be withdrawn by the employer by the close of the applicable shift on the preceding day. (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 vaiying of shift commencement and subsequent shift commencements, shift hours shall commence at 7:00 a. M. , or 8:00 a. M. , or 9:00 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 for at the single time rate, in conformity with the terms contained in this agreement. The employer will notify the union of this shift commencement variance in writing, with supporting data. 5 gca – tunnel workers local 147 – 2022 ( c) agency mandated starts when a contractor is required by the bidding document to perform work at other than the times indicated in (a) and (b) of this article, the contractor shall commence those shifts as described in the bidding document at the straight time rate. Overtime shall be at the applicable rate. Section 3- overtime (a) double time shall be paid for overtime after eight (8) hours worked monday through friday and for all work performed on saturday and sunday for overtime work performed during the excavation and primary concrete tunnel lining phase. All other work performed on overtime, including but not limited to outfitting work during tunnel lining, tunnel fit out, all duct bank work, and finishing work will be performed at the time and one-half rate after eight (8) hours worked monday through friday and any work on saturday. Any fraction of a half-hour of overtime work shall be paid for as full half-hour at the appropriate overtime rate. Repair-maintenance work shall be at the time and one-half rate. Overtime work shall be deemed to be: ( 1) all work in excess of the regular workday or workweek; (2) all work performed on saturdays and sundays; (3) all work performed by any worker ( except superintendents and walking bosses in free and compressed air, and blasters on call, hydraulic gangs and mucking machine operators in compressed air) during the lunch period. In addition, no deduction shall be made for a substitute lunch period of one-half (1/2) hour, which is to be allowed to any such person working during the lunch period. 6 gca – tunnel workers local 147 – 2022 (4) any work performed before or after the regular work shift, except that repair-maintenance work during a production shift on overtime shall be limited to four ( 4) hours. (5) all work performed on sunday and holidays will be paid at the double time rate. (b) saturday and daily overtime repair-maintenance work on tunnel construction there shall be no manning requirements for any repair-maintenance work except as set forth herein as follows: (1) all repair-maintenance work shall be paid at the time and one-half rate; except that said work during a production shift on ove1time shall be limited to four ( 4) hours. A production shift is defined herein as when the following work is performed: mining earth or rock, support for emth or rock, concreting, form moving and grouting. After mining and concreting are completed, any dismantling of equipment, including but not limited to the removal of tracks, ties and utilities by employees under this agreement shall be considered production work. No production work performed on saturday shall be considered repairmaintenance work. All production work performed shall be at the double time rate, but repair-maintenance work shall be at the time and one-half rate. (2) a changehouse attendant will not be required unless eight (8) or more employees are employed. A changehouse attendant shall not be required on saturday unless ten (10) or more employees are employed that day. When a ~hangehouse is utilized by a repair-maintenance crew and the changehouse attendant was not employed, then the changehouse attendant on the next regular shift shall receive one-half (1/2) hour at the overtime rate in wages only, and one-half (1/2) hour 7 gca – tunnel workers local 147 – 2022 at the overtime rate of wages only shall be contributed to the retirement fund. (3) at no time shall a repair-maintenance crew working on an overtime basis into a second (2nd) shift be counted towards the total of one hundred (100) persons required for a second (2nd) changehouse attendant. ( 4) power hoisting will not be required if manual hoist, stairs or ladders are available. (5) (i) there shall be one (1) foreperson and two (2) tunnel workers minimum. No walking boss shall be required. (ii) for repair-maintenance work under the joint jurisdiction of local 147, and local 15, i. U. O. E. , afl-cio when performed by an employee under the jurisdiction of local 15, i. U. O. E. , afl-cio, there shall be two (2) employees under the jurisdiction of local 147 either: one (1) foreperson and one (1) tunnel worker minimum. No walking boss shall be required. (6) the use of employees at the shaft, i. E. , bottom and top bell or signal person, shaft person, top laborer and top nipper shall be at the contractor’s option, when there is no material being sent into a shaft or tunnel. Material needed for repair-maintenance work does not require use of employees at the shaft. (7) any employee assigned for repair-maintenance work shall be responsible for all necessaiy duties, including but not limited to lighting, but said employees shall be those who are normally associated with that which is being repaired or maintained. If a shop steward elects to work, he shall perform assigned duties on top. 8 gca-tunnel workers local 147-2022 ( c) repairs on existing tunnels (i) the employer and union in an effort to maintain opportunities for employees under the jurisdiction of the union, and to insure current and future pension benefits, must develop broader work opportunities. The parties to this agreement feel that to accomplish the objectives as outlined it will be necessary to be more competitive and have developed the following: repair of existing tunnels (not to include any water tunnel system currently under construction) shall be in conformity with the following: 1. All overtime work shall be paid at the time and one-half rate. 2. Changehouse attendants will not be required unless fifteen (15) or more employees are employed and using the changehouse on the work site on one shift. If no changehouse attendant is employed then one employee in the gang under the jurisdiction of the union shall receive one-half (1/2) hour at the overtime rate in wages only and onehalf (1/2) hour at the overtime rate of wages only shall be contributed to the union retirement fund. 3. Power hoisting will not be required if manual hoist, stairs or ladders are available. 4. The use of employees at the shaft, i. E. , bottom and top bell or signalperson, shaftperson, top laborer and top nipper shall be at the contractor’s option, when there is no material being sent into a shaft or tunnel. Material needed for repairs on existing tunnels does not require use of employees at the shaft and same shall be handled by the tunnel crew. 5. Any employees assigned for repairs on existing tunnels shall be responsible for all necessary duties including but not limited to lighting. 9 gca-tunnel workers local 147-2022 (ii) 6. If a shop steward is appointed, they shall be one of the work crew and shall perform all duties assigned. If top persons are employed, the shop steward shall perform assigned duties on top. 7. Article iv – section 6 (d) free air jobs, subsections- lunch period and assignment of employees to a lunch period and lunch period in the tunnel shall apply to all work on repairs on existing tunnels. 8. Article v – section 2 – entitled manning; subsection (g) providing for a safety miner shall not apply to any work or repairs on existing tunnels. 9. The employer agrees to pay a premium for work in certain tunnels where the tunnel starts from a point of 500 feet from the shaft. Once the working point exceeds 500 feet from the shaft, the employee shall receive a daily premium often dollars ($10.00) per day for each half mile of fraction thereof. The payment of the above shall not be subject to any further payment under article vii of the general agreement. 10. The rate of pay for all repairs on existing water tunnels (not to include any water tunnel system currently under construction) shall be ninety percent (90%) of the wage schedule “b-2” free air jobs. Liner plate premiums shall not apply. Repair of sewer and drainage tunnels constructed by local 147 shall be in conformity with the following: the repair of existing sewer and drainage tunnels previously constructed by the union will have the following minimum manning requirements: one (1) foreperson and two (2) tunnel workers. All said employees shall be paid eighty-five percent (85%) of the total wages and fringes as set forth in section “b-2”. Hours of work shall be the standard eight (8) hours a day. There shall be no 10 gca – tunnel workers local 147 – 2022 (iii) (iv) work stations or maiming assig1m1ent either at the shaft or in the tunnel. There shall be no safety miner in the repair of these tunnels. The shop steward shall be one of the work crew. There shall be a changehouse, with no changehouse attendant, with coffee available to the tunnel workers. One person shall act as changehouse attendant in addition to his/her regular duties. He or she shall arrive thirty (30) minutes early and leave thirty (30) minutes after their work shift and shall be paid said hour at the overtime rate. General repair and maintenance of all subway and vehicular tunnels previously constructed, completed under the jurisdiction of the union shall be in conformity with terms and conditions in item i of this pait but at eighty percent (80%) of the total wages and fringes set forth in schedule “b-2” free air jobs. Liner plate premiums shall not apply. Preventative maintenance work performed in shafts, tunnels and chambers, which are part of the new york city water tunnels constructed by local 147 the parties recognize that certain preventative maintenance and repair work, which was formerly done by municipal employees, is now being contracted to private companies. In order to provide increased work opportunities for members of local 147, the following conditions shall apply on preventive maintenance and repair work: 1) the paliies agree that any work traditionally performed by the union, which is being performed under these preventive maintenance contracts, shall be recognized to be under the jurisdiction of the union. 2) the employer shall determine the crew manning. 11 gca – tunnel workers local 147 – 2022 section 4 – holidays 3) the rate of pay shall be eighty percent (80%) of the total wages and fringes set forth in schedule “b-2” free air jobs. Liner plate premiums shall not apply. When a holiday is not worked, the employer will pay the local 147 member employee straight time wages for eight (8) hours. Benefit fund contributions for holidays not worked will be limited to eight (8) hours of straight time contributions to the pension fund and welfare fund only and will not include contributions to any supplemental welfare funds, such as add insurance, the new york state laborers safety and health trust or coverage for members who have been injured on the job. The union service fee will be deducted from the employee’s holiday pay wages and remitted to the union. There will be no other contributions to any other fringe benefit funds for holidays not worked. All employees, if they do work on the holidays, shall be paid at the single time rate, plus the holiday pay for eight (8) hours only plus the applicable fringes. For hours over eight (8) hours, the employees shall be paid at the double time rate plus applicable fringes with no further holiday pay added thereto. The holidays are: new year’s day martin luther king jr. Day president’s day memorial day independence day labor day columbus day armistice day thanksgiving day day after thanksgiving christmas day good friday (shall be considered a holiday instead of one of the holidays listed above if all the other trades working on a particular job so agree). If a holiday occurs on a sunday, it shall be observed on the following monday. 12 gca-tunnel workers local 147 -2022 the workday preceding christmas and new year’s day when said holidays do not fall on a sunday or monday will be worked according to the following hourly schedule: (a) one shift job (b) two shift job ( c) three shift job – commences at 8:00 a. M. And terminates at 2:00 p. M. – first shift commences at 8:00 a. M. And terminates at 12:00 noon. Second shift commences at 12 n 0011 and terminates at 4:00 p. M. – first shift commences at 8:00 am. And terminates at 12 noon. – second shift commences at 12 noon and terminates at 4:00 p. M. -third shift commences at 4:00 p. M. And terminates at 8:00 p. M. The above shift commencements are subject to article iv, section 2, subdivisions (b) and (c) (varying shift commencement). For the above days all the shortened shifts will be paid for at the straight time rate for a full eight (8) hours. Entrance of the owner’s or contractor’s supervisory or engineering personnel (including the walking bosses or superintendents) for the purpose of inspection or providing line and grade shall not affect the payment provided above. If however any other employee covered by this agreement enters the tunnel for the purpose of performing work therein, the watch gangs and powder watchperson, if employed, shall be paid in accordance with this article. To be paid for any of the above-mentioned eleven (11) holidays without working, employees must work at least tluee (3) days in the payroll week in which the holiday occurs. No employees will be paid for any of these holidays by more than one (1) employer. An employee can earn only one day towards the tlu-ee (3) days needed to be paid for a holiday in any one workday (8:00am to 8:00 am). If a permanent employee works up to november 15 and is then laid off, the employee will receive the thanksgiving day and day-after thanksgiving holiday pay. Similarly, if a permanent employee works up to december 15 and is then laid off, the employee will receive the cluistmas holiday pay. 13 gca – tunnel workers local 147 – 2022 this clause shall not be applicable to lay-offs resulting from the completion of the project or from the decision of the owner/developer to shut down the job, in whole or in part, or to other causes beyond the control of the employer. Section 5 – payroll week unless the employer notifies the union in writing of another time and the union concurs in the change, the payroll week shall commence at 8:00 a. M. Of each monday and terminate at 8:00 a. M. Of the succeeding monday. Section 6 – working hours (a) physical examination for compressed air jobs the employer agrees to provide and pay for a physical examination for each person working in compressed air, as required by the state labor code. For purposes of manning the job, the employer agrees to examine and pay for one physical examination for a number of persons equal to 150% of the positions to be filled in the compressed air portion of the job. The employer agrees to have examined prospective employees in excess of this number but the cost of said examinations will be shared 50% by the employer and 50% by the union; in any event the union’s cost is not to exceed eight dollars ($8.00) per examination. However, in the event that prospective employees examined under the latter category are subsequently hired by the employer, the employer will then assume 100% of the cost of said employees’ examination, said moneys to be paid to the examining physician. (b) compressed air jobs, work in locks the maximum daily period to be worked in compressed air in any twentyfour (24) hour period shall depend upon the degree of pressure and shall not exceed the hours as shown in the following table. 14 gca -tunnel workers local 147 – 2022 pressure column 1 maximum number of pounds 0 but less than 18 18 but less than 26 26 but less than 31 31 but less than 36 36 but less than 41 41 but less than 46 46 but less than 50 hours column2 maximum total working time 4 4 3 2 1-1/2 1 emergency time shown above in column 2 shall be worked continuously. (c) compressed air jobs, work outside locks eight (8) hours shall constitute a shift except that for the occupations of outside lock tenders and gauge tenders, six (6) hours shall constitute a shift. Blasters on call or a hydraulic gang, and like occupations, or any employee who is on call daily to work in compressed air may be employed for a six (6) hour shift but shall not exceed in compressed air the maximum hours permitted. The shift of the walking boss shall be six (6) hours but his time in compressed air shall not exceed the maximum hours permitted in the foregoing section. Employees who do not work in compressed air shall be employed for an eight (8) hour shift. A lunch period of thirty (30) minutes shall be allowed on each shift commencing at the end of the fourth ( 4th) hour of such for all employees working on an eight (8) hour shift who do not go into compressed air. (d) free air jobs for a single and two shift job, a shift shall be eight and one-half (8.5) hours with one-half hour for lunch. For three shift jobs, eight (8) hours shall constitute a shift. A lunch period of thirty (30) minutes shall be allowed on each shift, commencing at the end of the fourth ( 4th) hour of such shift. However, 15 gca – tunnel workers local 147 – 2022 when work is being performed in rock tunnels in free air and only when it is required for the purposes of loading and blasting, the lunch period shall commence within ten (10) minutes after the end of the fourth ( 4th) hour of each shift. On subway tmmel work, only when required for the coordination of the shooting cycle with the operations of trains in existing structures, the lunch period shall commence within fifteen (15) minutes after the end of the fourth (4th) hour of each shift and work gangs may be split so that only those employees required by the employer will work during the lunch period. No work shall be done during the specified lunch hours unless expressly ordered by the employer. The walking bosses may, however, take their lunch to suit their conveniences and shall not be paid for work done by them during the specified lunch period. Lunch period and assignment of employees to a lunch period at the employer’s option and designation, the lunch period can be varied to conm1ence not more than thirty (30) minutes before or thirty (30) minutes after the fourth ( 4th) hour of work, when the crew is greater than ten (10) persons exclusive of the foreperson and the electrician. It is the explicit intent of this paragraph to enable the employer to vaiy the lunch period for any work gang, and/or portion thereof, to accommodate the work cycle and progress the work during the lunch period. When exercising this option, the employer shall designate which if any shaft and/or tunnel section on any shift is subject to this option and such designation shall not be construed to require that this option be applicable to any other shaft and/or tunnel section, or other shifts. If this option is exercised by the employer, five dollars ($5.00) per day shall be paid to each employee designated as follows: (a) all employees working in the designated shaft and/or tunnel section on the designated shift; 16 gca – tunnel workers local 147 – 2022 (b) not more than one (1) shaft person, and one (1) bell or signal person at the shaft bottom, and not more than one (1) nipper, one (1) bell or signal person, and one (1) top laborer at the top of the designated shaft. No other employee, except as set forth in (a) and (b) above, shall be so paid. Tunnel section shall include any and all work operations from the bottom of a designated shaft forward in any single direction to and including the furthest point of progress. The employer at any time shall have the right to terminate this option one (1) week after it mails notice of said termination by regular mail to the union, and the payment of five dollars ($5.00) shall cease one (1) week after the above notice has been mailed. The employer shall at all times have the right to renew said option at its sole discretion without the rendering of any notice. When not exercising this option, the employer may proceed under all the other provisions of the general agreement. The payment of the above five dollars ($5.00) under this option shall not be subject to any further payment under article vii of the general agreement. Lunch period in the tunnel at the option of the employer with at least 72 hours’ notice to the union, the free air tunnels having a heading and/or any work point in the tunnel one thousand two hundred (1,200) feet or more from the shaft where the changehouse is located, the lunch period shall be taken in the tunnel and each employee who is required to have their lunch period in the h1nnel will receive twenty dollars ($20.00) per day in addition to their rate of pay. The employer shall exercise and/or cease exercising this option at its sole discretion. When this option is exercised, a suitable eating site with benches shall be provided in the tunnel and a tunnel worker not assigned from the person at the tunnel face shall tend to the lunch for one and one-half (1-1/2) hours per shift per heading, and at all other times they shall perform other duties. Hot coffee, milk and sugar shall be furnished. The payment of the above premiums under this option shall not be subject to any further payment under article viii of the general agreement. This provision does not apply to work that is performed exclusively in shaft sinking operations. 17 gca-tunnel workers local 147 -2022 for jobs bid after june 30, 2022, the employer reserves the right to have each employee take their lunch period starting thirty (30) minutes before the fourth hour, during, or thirty (30) minutes after the start of the fifth hour of work (two hour window) so as to not stop work operations. When a job continues to work through the lunch period, each worker shall get an individual lunch period of twenty (20) minutes and shall receive a half (1/2) hour, paid at the double time rate for compensation for work continuing through the organized lunch period. The employer shall exercise and/or cease exercising this option at its sole discretion. This supersedes any “me too” agreement with any other trades on the job. There is no minimum manning requirement. Section 7 – reporting pay any employee instructed by the employer or its representatives to report for work at a certain time, shall receive seventy dollars ($70.00) if they report for work at said certain time, even if the employer does not put the employee to work. A regular employee shall be deemed to have been instructed to report unless notified not to report by th’e close of their preceding shift, or unless actually notified not to report because of a shutdown of the work due to an emergency beyond the control of the employer. The payment of the above amounts shall not be subject to any further payment under article vii of the general agreement. Section 8 – wage payment (a) wage payment – checks – termination all wages payable under this agreement shall become due and shall be paid on the job every week. However, payment may be made by check if facilities for cashing of checks are maintained on the job site. If check cashing facilities are not maintained at the job site, payment may be made by check but no more than two (2) days pay shall be withheld. For the normal job rum1ing 24 hours a day, facilities for the cashing of checks must be maintained from 7:00 a. M. To 7:00 p. M. For those jobs operating on a single shift, checking facilities must be maintained for two (2) hours after the end of the 18 gca-tunnel workers local 147-2022 work shift. For those jobs operating on a two-shift basis, checking facilities must be maintained for the period from two (2) hours before the start of the second shift until two (2) hours after the end of the first shift. No more than tlu-ee (3) days pay shall be withheld. If for any reason the employer terminates the services of any employee, one hour’s notice of termination shall be given and the accrued wages of such employee shall be paid to him at time of termination of employment. For employees working in the tunnel or at the bottom of the shaft, one (1) hour’s notice shall be deemed to mean that said employees who are to be terminated shall be at the top of the shaft one (1) hour before quitting time. On failure to pay at such notified time of termination, payment at overtime rates shall be made pro rata to daily rate for time waiting for pay after time of termination. If any employee shall, of his own volition, leave the service of the employer, the employer shall not be obligated to pay his accrued wages until the next regular payday. (b) payment to supervisors – employees on weekly basis supervisors and other employees paid on a weekly basis, if beginning work on the job on any day in the week other than the first day of the payroll week shall be paid pro rata for that week. Upon termination of employment they shall receive a full week’s pay for the last week in which employed. Section 9 – wage schedule 2 the wages, increments, premiums and bonuses to be paid for the various occupational classifications of employees are set forth in schedule “b-1” and “b-2” attached hereto. The employer agrees to establish an account at a local bank that is in proximity to the jobsite to facilitate employees’ ability to cash their checks on wednesday paydays. 2 see wage schedule – attached and made part of the agreement 19 gca-tunnel workers local 147 – 2022 section 10 -liner plates, precast concrete segments & soil solidification wage & benefit package for precast concrete segments, the wage and benefit package shall be $4.50/hour in addition to the free air wage and benefit package. If overtime is worked on segmentally lined tunnels the vacation fund overtime will be paid on gross monthly payroll. The premium shall apply only during the excavation phase. Liner plate and soil solidification will be $6.50/hour in addition to the free air wage and benefit package. If overtime is worked the vacation fund overtime will be paid on gross monthly payroll. The premium shall only apply during the excavation phase. Section 11 – drug testing the employer and union agree that, if required by either the employer or by the employer’s contract with and any city, state, federal, and/or quasi-public agency, and/or public utility (“owner”), the employees covered by this agreement shall be tested for drugs and/or alcohol abuse, and the employees shall comply to the extent required. The employer shall pay for the cost of the testing program. The parties to this agreement have established a department of transportation (“dot”)- approved random drug testing program administered by a ce1tified independent service. The program is in full compliance with all department of transportation regulations, covering members of the union and their employer’s obligations under said regulations. The parties fmther agree that as a part of this program, a traveling collection facility will be available to be utilized by employers whose employees are required to be tested. If the employer’s contract with the owner requires a more comprehensive drug testing program than provided for in the dot regulations, the owner’s requirements shall apply. The gca and the union will cooperate to devise a drug testing program. A committee will be formed within one month after ratification of this agreement. 20 gca – tunnel workers local 147 – 2022 article v working conditions – safety – manning section 1 – local laws the employer will observe the laws and regulations of new york and of its municipalities and all federal laws and regulations relating to safety of workers, including applicable building codes for job sites in that state; likewise, the laws of new jersey for job sites within its jurisdiction shall apply. Section 2 – manning (a) watch gangs, when employed, shall consist of not less than four (4) employees including the lock tender and foreperson to be left on watch in the heading. (b) a changehouse attendant will not be required for shaft construction operations. One (1) tunnel worker, to come from the existing gang and serving on a rotating basis, will be paid one (1) hour of overtime each day to maintain the changehouse. A changehouse attendant will be employed once production mining conunences and will stay employed until primary concreting is completed. A changehouse attendant will not be required for tunnel cleanup, finishing work or any ancillmy work. A changehouse attendant shall be on duty on each shift in each changehouse. If there are one hundred (100) or more employees on the shift changing in the changehouse, there shall be two (2) changehouse attendants. A change house attendant shall not be required on saturday unless ten (10) or more employees are employed that day. On sundays and holidays a change house attendant shall be on duty on each shift in each change house when 10 or more employees on the shift are changing in that changehouse. (c) blasters and powder carriers shall be licensed and shall be on call when tunneling against rock or mixed faces in compressed air. Incidental blasting 21 gca – tunnel workers local 147 -2022 in soft face tunneling may be done by the foreperson, walking boss or other person in the gang provided they are licensed to blast. When tum1eling against rock in free air, the heading foreperson shall be a licensed blaster. Any employee handling explosives or performing duties requiring licenses or certificates by applicable city, state or federal ordinances and/or regulations must produce said license(s) or certificate(s) in accordance with said applicable ordinances and/or regulations in order to qualify for employment for said work function under this agreement. (d) in tunnels of 12 feet bore or less it shall be permissible to use a single ently lock as a muck lock and man lock which shall be manned by an inside lock tender and an outside lock tender. In larger tunnels there shall be a muck lock with an inside lock tender and outside lock tender, and a man lock with an outside man lock tender who shall also tend the gauge. It is recognized that the tending, where required, of compressed air gauges is the exclusive jurisdiction of employees under this agreement, and is performed as set forth by the outside man lock tender. (e) on compressed air portion of jobs, gangs shall change at the heading or working points designated by the employer. The employer agrees to pay a premium to such working points at the rate often dollars ($10.00) per day for each one-half (1/2) mile or fraction thereof starting from a point 500 ft from the shaft. The payment of the above shall not be subject to any fmther payment under article vii of the general agreement. (f) on free air po1tion of jobs, at the option of the employer, at any stage of the contract, employees shall change at points designated by the employer, using any one or more of the following methods: 1. An employee shall relieve at the bottom of the shaft. If umeasonable delays are caused by the employer’s handling of additional materials or 22 gca – tunnel workers local 147 -2022 spoilage with the shaft hoisting equipment, the delayed employees remaining at the bottom of the shaft beyond the normal termination hour of their shift or work period shall be paid for said time at the overtime rate. 2. An employee shall relieve at the heading or working points designated by the employer, but shall be paid a premium at the rate of ten dollars ($10.00) per day for each half mile or fraction thereof from a point five hundred (500) feet from the bottom of the shaft to the heading or the work points. If for any reason not previously agreed to, the employees are required to leave a mode of transportation and enter another mode of transportation, the point where they leave the first means of conveyance shall be deemed the work point. This daily premium constitutes full compensation to each employee on the shift for working in tunnels with headings or working points of said depths. The payment of the above monies shall not be subject to any further payment under alticle vii of the general agreement. The overtime provisions stipulated in paragraph 1 above with regard to the delays at the bottom of the shaft shall also apply to those employees who begin and end their shift in accordance with this paragraph 2 herein. The employer can designate this option for all the shifts on any job working two or more shifts. Guaranteed rail transportation with ten (10) minutes for minor derailments shall be used to travel to the working points. If other than rail transportation is used, a daily premium shall be negotiated at a pre-job conference. If the parties fail to have a pre-job conference, relief shall be at the bottom of the shaft. 23 gca – tunnel workers local 147 -2022 3. Gangs shall work a six (6) hour shift and shall be paid for eight (8) hours with a twenty (20) minute lunch period to be taken between the third and fifth hour. Work shall not be interrupted. No daily premium shall be paid. (g) on all tunnel work, including pipe jacking, the placing of reinforcing rods for all exterior (ground support) walls from sub grade to the collar of the shaft, manhole or workshaft and all rods at and below the level of the tunnel roof shall be performed by employees under the jurisdiction of the union. One (1) safety miner shall be assigned during excavation only. The safety miner shall be assigned to the daytime shift. The beginning and end of the safety miner’s shift may be varied to enable him to regularly inspect the preceding shift and the following shift within an eight (8) hour period. No overtime shall be paid for the shift variances. Premiums shall be limited to travel time and lunch in the tunnel. The safety miner shall have at least ten (10) years tunnel experience coupled with, training in a recognized safety program equivalent of or comparable to the osha thirty (30) hour course, shall meet the employer’s requirements for the position and shall also have the following training: a. Osha 30 b. Osha 10 c. Fall protection d. Arial lift training e. Scaffold user/builder training f. Hoisting and rigging g. Electrical training h. Confined space 1. First aid/cpr j. Spill response 24 gca – tunnel workers local 147 -2022 k. Track training i. Certificate of fitness for fire watch all training shall be paid for by the union and shall comply with all federal/state/local or regulatory requirements. The safety miner shall, in the course of his duties, in conjunction with a representative of the employer, periodically check the air quality of the shaft and tunnel. The safety miner’s recommendations shall be presented to the superintendent and the shop steward. The safety miner is not empowered to interfere with the progress of the work. (h) on all tunnel work, including pipe jacking, the placing of reinforcing rods for all exterior (ground suppo1t) walls from subgrade to the collar of the shaft, manhole or work shaft and all rods at and below the level of the tunnel roof shall be performed by employees under the jurisdiction of the union. (i) in order to be competitive to maintain market share for invert, duct bank and structural platform work in a mined and concreted hansportation tunnel, local 14 7 agrees that for previously mined and concrete lined tunnels, underground caverns and adits, the use of employees at the shaft shall be agreed upon by local 14 7 and the employer. There will be no requirement for a changehouse attendant, or safety miner. The employer shall provide a changehouse in accordance with the provisions in the agreement. The changehouse shall not be used for the storage of any other materials. The steward or foreperson shall be furnished a key for said storage facility. One tunnel worker, determined by the gang, will be paid one-half hour of overtime each day to maintain the changehouse. (j) local 14 7 maintains jurisdiction over temporary electric heaters, fire lines ifrequired and fire watch. Section 3 – changehouse a changehouse shall be provided for each job whether the work is being done in free air or compressed air. If seconda1y shafts are used, and the distance between any such secondaiy 25 gca – tunnel workers local 147 -2022 shaft and the changehouse is more than fifteen hundred (1500) feet, then an enclosed vehicle shall be provided to transport the employees covered by this agreement to and from the changehouse. The dressing room of the changehouse shall contain individual lockers for all employees of approximately 15 inches by 18 inches by 6 feet, where possible, with suitable facilities for washing and d1ying of work clothes, adequate hot water and drying system for allowing clothes to d1y, and there shall be showers that properly drain with plenty of hot and cold water. Paper towels and soap will be provided in the changehouse. A washer and d1yer shall be provided where possible; if not provided, five dollars ($5.00) per week shall be allowed as a laundry expense per employee. Toilet facilities shall be provided in a partitioned area of the changehouse with individually partitioned commodes. Hot coffee, milk and sugar shall be furnished to the person coming off shifts. Coffee urns and drinking cups shall be kept in a clean and sanitary condition. The dressing room shall be kept in a clean and sanitary condition and properly ventilated. There shall be a refrigerator of approximately thirteen (13) cubic feet suitable to store employees’ lunches. Section 4 – working chamber the length of the work chamber on jobs under compressed air shall not exceed one thousand (1,000) feet and the lock shall be advanced so as to maintain such maximum distance. Section 5 – facilities (a) transportation may be furnished to the employee at the employer’s option from the bottom of the shaft to the heading, or to any work points. When an employee is injured, the employer shall provide transportation. (b) raingear, rubber boots, safety helmets, tools and equipment, goggles and gloves required for the prosecution of the work shall be furnished by the employer without charge. In frozen ground, when necessary, insulated clothing will also be furnished by the employer without charge. For safety purposes, vests with fluorescent markings shall be made available to the employees. 26 gca – tunnel workers local 147 -2022 ( c) in order to receive replacement gear and/or to receive their final pay, employee’s worn work gear must be returned. If the employee fails to return any gear for either replacement or at the time of termination, twenty-three dollars and fifty cents ($23.50) will be deducted from the employee’s final paycheck. Partial deductions will be made by the employer for any missing items as follows: hats boots slicker pants section 6 – emergency hoisting facilities $ 2.50 $10.00 $ 6.00 $ 5.00 (a) emergency hoisting facilities shall be available and in working condition at shafts of more than fifty (50) feet in depth. Said emergency-hoisting facilities shall have an independent power source and all employees will be required to use said facilities if necessary. (b) where physically possible, for shafts over sixty feet (60′) in depth, the employer shall provide hoisting facilities with a man cage and shall have personnel on call to operate same. Section 7 – conveyors workers under the jurisdiction of local 147 shall perform all of the laboring work associated with vertical and horizontal conveyors, which has traditionally been performed by local 147, including but not limited to: 1) the drilling of holes in the wall. 2) inserting the anchoring bolts in the wall. 3) putting the support braces together and bolting the support braces to the wall. 4) installing and bolting the suitcase rails 5) installing the return idlers 27 gca – tunnel workers local 147 -2022 6) laboring work involved in the changing of wipers 7) laboring work involved in the installation and replacement of bolts 8) laboring work involved in the installation of buckets on vertical belts and the changing of buckets. 9) laboring work involved in the replacement of suitcase rails. 10) laboring work involved in the replacing of rollers. 11) laboring work involved in the installation of guide rollers on vertical and horizontal belts 12) laboring work involved in the dismantling of conveyors, both above and below ground. Section 8 – drilling and drilling machines drilling and drilling machines in tunnels and shafts continue to be operated by tunnel workers covered under the jurisdiction of this agreement. There is a long-standing history of past practices to maintain and support this jurisdiction. Section 9 – changing of cutters tunnel workers shall be assigned the changing of all cutters and bits on mechanical excavators used to excavate tunnels and shafts in rock, soil and mixed face. These excavators shall include, but not be limited to, tunnel boring machines, road-headers, raise-bores and similar equipment. Section 10 – electrician’s training the union shall demonstrate and certify, to the satisfaction of the employer, that any local 147 electrician it provides to a project is properly trained and qualified to perform all temporary electrical work required within the tunnels and shafts. Section 11- coffee break coffee shall be provided in the morning and the afternoon. All employees will be afforded the opportunity for a coffee break to be taken when the opportunity presents itself and will not interfere with the performance of work. 28 gca – tunnel workers local 147 -2022 section 1 – visitation article vi administration the duly elected officials of the union shall be permitted to visit the job while any work is being performed to ascertain whether the provisions of this agreement are being complied with, and to confer with the employer with reference to employer-employee relations, but shall not in any way interfere with or hinder the progress of the work. Section 2 – general shop steward the employer and the union agree that the union shall designate a general shop steward, who shall be a working shop steward, to represent the employees in all matters discussed with the employer on the job. The general shop steward shall not lose any compensation owing to time spent during shift hours in the performance of their duties as a general shop steward. When the general shop steward is not at their work assignments because of union business, they shall not be replaced by an additional employee during that time. They shall be attached to the day shift. He or she shall receive miner’s pay at the highest rate currently paid within the jurisdiction of their shaft to any miner including all increments, travel pay and premiums currently paid to a miner. They shall be offered work during all overtime hours worked by any person on their shift except weekend watch gangs. There shall be a general shop steward, as defined above, at each working shaft. By working shaft is meant shaft from which tunnel operations are proceeding. Where there is more than one such shaft on a construction contract, it is understood by the union and the employer that where applicable there will be uniformity of working conditions with respect to each of said shafts and that the business manager of the union will be party to all such decisions. It is also understood that the general shop steward will confer only with the officially designated representative of the employer. 29 gca-tunnel workers local 147-2010 art. Vii section 3 – hiring and discharge the general superintendent shall hire and discharge the walking bosses. The walking bosses shall hire and discharge the foremen. The foremen shall hire (as herein provided) and discharge the members of their respective gangs for just cause. No foreperson shall have charge of more than one gang. Section 1 – welfare fund article vii fringe benefit funds the employer shall pay into the local 147 construction workers welfare fund (“welfare fund”) the contribution as provided in schedule b-1 and b-2 attached to and made part of this agreement. Contributions for all free air classifications are to be made on the straight time hours worked only. Contributions for all compressed air classifications are to be made on hours paid. (a) such payments shall be made within fifteen (15) days after the end of each month, by a separate check payable to the order of the local 14 7 construction workers welfare fund. Contributions to the welfare fund shall not be subject to any other fringe benefit contributions. The welfare fund will assume full responsibility for payment of any taxes and/or insurance premiums or other costs which may be required to be paid on contributions to said fund. The employer has no obligation or responsibility to pay any such taxes and/or insurance premiums or other costs, which may be due. The local 147 construction workers welfare fund is administered by trustees, one-half of whom are appointed by the union and one-half of whom are appointed by the gca, and in accordance with an agreement and declaration of trust dated janumy 6, 1953, together with an agreement with any rules or regulations adopted by the trustees relating to said welfare fund. 30 gca – tunnel workers local 147 – 2022 the fund agrees to indemnify and to hold harmless the employer from any and all claims, actions and or proceedings arising out of the said fund. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. For jobs bid after july 1, 2018: in addition to the wage and benefit increase, there will be an increase of twenty-five cents ($0.25) for each straight time hour worked to the welfare fund. This increase will be allocated on the welfare benefit fund remittance form in a separate line item. The additional welfare fund contribution of $0.25 per hour is not included in calculating any current or future rate mcreases. Welfare fund contributions for free air rates will be paid on the straight time hours worked only. Section 2 – political action fund – local 14 7 at the request of the union, the employer agrees as follows: upon submission by an employee, who is a member of local 147, of a properly executed authorization form authorizing the employer to make a deduction of twenty cents ($0.20) per hour from the wages of the authorizing employee, for transmission to local 147 political action fund, the employer will make such a deduction and forward same to said fund at the offices of the union. It is understood and agreed that the twenty cents ($0.20) per hour authorized deduction will be made from the employee’s wages for each hour worked but no such deduction will be made from the premium portion of overtime wages paid. It is also understood and agreed that this deduction, when authorized by such an employee, will be made at the request of the union for transmittal to its local 147 political 31 gca – tunnel workers local 147 – 2022 action fund, which is a separate segregated fund of the union. It is not under the direction or control of the employer. The authorization form shall be signed by the employee and shall specifically state the full name and address of the employee, the amount of the deduction authorized, the frequency of the deduction and state that the deduction is to be forwarded to local 147 political action fund for its use. One such signed authorization form will be furnished to the employer and a copy will be retained by the treasurer of local 147 political action fund. It is understood that the employer will make deductions, upon receipt of such authorizations, from the wages of employees working under the classifications set forth in this agreement in schedule “b-1 “wage schedule – compressed air jobs”, and schedule b-2 “wage schedule – free air jobs” within the territorial jurisdiction of the union. In consideration thereof, the union, agrees to indemnify and hold harmless the employer, its agents and employees, and the general contractors association of new york, inc. , acting for or on behalf of the employer, from any and all legal suits, claims, actions and/or proceedings arising out of said wage deductions or arising out of the transmittal of said deductions to, or the activities of, the local 147 political action fund. Section 3 – new york state laborers’ political action committee the employer agrees to deduct and transmit to the new york state laborers’ political action committee ten cents ($0 .10) for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the authorization forms provided for that purpose by the union. These transmittals shall be made within fifteen (15) days after the conclusion of the month in which said hours are worked. The employer shall list the names of the employees for whom such deductions have been made and the amount deducted for each such employee in the employer’s monthly report showing contributions to the union benefit and training funds. The union agrees to indemnify and to hold harmless the employer from any and all claims, actions and/or proceedings arising out of said deductions for contributions to the new york state laborers’ political action committee except those arising from the failure or refusal of the employer to duly pay to the new york state laborers’ political action committee, 32 gca – tunnel workers local 147 – 2022 as herein before provided, any and all amounts deducted from the wages of each such authorizing employee referred to in the first sentence of this section as provided in the second sentence of this section. Section 4 – retirement fund the employer shall pay into the local 147 construction workers retirement fund (“retirement fund”) the rate provided for in schedules b-1 and b-2 for all hours worked for all free air and compressed air classifications. Such payments shall be made within fifteen (15) days after the end of each month, by a separate check payable to the order of the local 147 construction workers retirement fund. Contributions to the retirement fund shall not be subject to any other fringe benefit contributions. The retirement fund will assume full responsibility for payment of any taxes and/or insurance premiums or other costs which may be required to be paid on contributions to said retirement fund. The employer has no obligation or responsibilities to pay any such taxes and/or insurance premiums or other costs which may be due. The local 147 construction workers retirement fund is administered by trustees, onehalf of whom shall be appointed by the union and one-half of whom shall be appointed by the gca, and in accordance with an agreement and declaration of trust establishing said retirement fund dated january 1, 1970 and as subsequently amended. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. Section 5 – vacation fund the employer shall pay a contribution into the local 147 construction workers vacation fund (“vacation fund”) in accordance with the rates provided in schedule b-land b2. Such payments shall be made within fifteen (15) days after the end of each month by a separate check to the order of the local 147 construction workers vacation fund. Except when necessa1y to conform with the provisions of article iv, section 10, contributions for all free air classifications are to be made on the straight time hours worked and ten cents ($0.10) per hour 33 gca -tunnel workers local 147 – 2022 for each overtime hour paid. Contributions for all compressed air classifications are to be made on hours paid. Contributions to the vacation fund shall not be subject to any other fringe benefit contributions. The vacation fund will assume full responsibility for payment of any taxes and/or insurance premiums or other costs which may be required to be paid on contributions to said vacation fund. The employer has no obligation or responsibility to pay any such taxes and/or insurance premiums or other costs which may be due. The local 147 construction workers vacation fund is administered by the trustees of the local 147 construction workers welfare fund, one-half of whom are appointed by the union and one-half of whom are appointed by the gca, and in accordance with an agreement and declaration of trust dated january 6, 1953, together with any amendments thereto, in accordance with any rules or regulations adopted by the trustees relating to said vacation fund. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. Section 6 – annuity fund the employer shall pay into the local 147 construction workers annuity fund (“annuity fund”) the contribution rate as provided in schedules b-1 and b-2 attached for all hours paid for all free air and compressed air classifications plus three dollars ($3.00) per day paid. Contributions to the annuity fund shall not be subject to any other fringe benefit contributions. The annuity fund will assume full responsibility for payment of any taxes and/or insurance premiums or other costs, which may be required to be paid on contributions to the said annuity fund. The employer has no obligation or responsibility to pay any such taxes, insurance premiums or other costs, which may be due. The local 147 construction workers annuity fund is administered by the trustees of the local 147 construction workers annuity fund, one-half of whom are appointed by the union and one-half of whom are appointed by the gca, in accordance with an agreement 34 gca – tunnel workers local 147 – 2022 and declaration of trust dated july 24, 1982 together with any amendments thereto, m accordance with any rules and regulations adopted by the trustees of said annuity fund. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. Section 7 – additional security benefit fund the employer shall pay into the local 147 construction workers additional security benefit fund (“asb fund”) the contribution rates as provided in schedules b-1 and b-2 attached for all hours paid for all free air and compressed air classifications plus a deposit equal to the employer’s portion of the federal insurance contributions act (social security) (hereinafter “fica”) on all contributions paid to the asb fund for covered employees. When benefits are paid to covered employees, the asb fund will pay the fica and moneys due under the federal unemployment tax act (“futa”) from said deposits. Such payments shall be made within fifteen (15) days after the end of each month by a separate check to the order of the local 147 construction workers asb fund. Contributions to the asb fund shall not be subject to any other fringe benefit contributions. The asb fund will assume full responsibility for payment of any taxes and/or insurance premiums or other costs which may be required to be paid on contributions to the asb fund. The employer shall have no obligation or responsibility to pay any such taxes, insurance premiums or other costs which may be due. The local 147 construction workers additional security benefit fund is to be administered by trustees, one-half of whom are appointed by the union and one-half of whom are appointed by the gca in accordance with an agreement and declaration of trust dated january 1, 1983, together with any amendments thereto, and in accordance with any rules or regulations adopted by the trustees. The benefits of the asb fund are limited solely to: (a) supplementary workmen’s’ compensation insurance; (b) supplementaiy disability insurance; 35 gca – tunnel workers local 147 – 2022 ( c) supplementary unemployment benefit insurance, but such benefit is not payable if the union is striking; ( d) medical hardship benefit; ( e) educational (higher learning) benefit; (: f) death benefit (g) vacation benefit these benefits are only payable from the contributions paid to the asb fund in the amounts determined at the discretion of the trustees. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. Section 8- new york state laborers’ health and safety trust the employer shall pay into the new york state laborers’ health and safety trust ten cents ($0.10) per hour worked. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. Section 9- arbitration as to welfare, retirement, vacation, asb, annuity fund or training fund arrears the employer shall submit the contributions to the trustees monthly, within fifteen (15) days after the end of each month for welfare, retirement, vacation, asb, annuity fund and training funds (hereinafter “funds”). In the event that the employer is in arrears in the payment of contributions as required and an arbitrator decrees that the employer is in arrears the union shall have the right to impose upon the employer the cost of the arbitration including legal costs of the fund’s attorney, and arbitrator’s fees. All above costs provided in the paragraph preceding are limited solely to disputes involving the welfare, retirement, vacation, asb, annuity fund or training fund delinquencies when an arbitrator decrees same. 36 gca – tunnel workers local 147 – 2022 the employer shall furnish the trustees with all records pertaining to names, job classifications, social security numbers and wage information for all its employees covered by this agreement, together with such other information as may be required for the appropriate and efficient administration of the above funds. Section i 0- heavy construction indust1y fund in order to adequately protect the heavy construction industry and in the interests of the employees in the industry, each employer shall contribute to the heavy construction industry fund thirty cents ($0.30) per hour applied only to the straight time payroll of each employee. No contributions shall be made to this fund on the premium portion of double time or overtime of the payroll of the employees covered by this agreement. This fund is designed for, but not limited to, the following purposes: i) to increase employment opportunities through promotional activities which will increase the use of the industry and its employees covered under this agreement; 2) to acquaint employers and employees with the most efficient safety regulations for the safety of the employees as well as the training of employees in first aid and other safety programs; 3) to conduct educational research directed at the utilization of new and safer machines and equipment for the protection of employees covered under this agreement; 4) to provide and to assure equitable industry labor relations through established grievance panels and arbitrations for the expeditious and equitable hearings of the grievances of the union and employers covered herein; 5) to assist in defraying the costs of the time spent by trustees representing management in connection with their work for and attendance at trustee meetings of the pension fund, welfare fund, vacation fund, asb fund, annuity fund and training fund on behalf of and for the benefit of the employees covered herein; and 6) for the administrative costs of supervising and administering the above on behalf of this fund. Payment to this fund shall be by separate check to the order of the heavy construction industry fund and shall be included with payment for the fringe benefit funds, with all costs for clerical, legal and administrative services to be borne solely by the heavy construction industry fund. The fund agrees to indemnify and to hold harmless the union from any and all claims, 37 gca-tunnel workers local 147-2022 actions and/or proceedings arising out of said fund. There shall be no commingling of the checks with union funds. The parties are authorized to adopt other procedures to implement the collection of this payment. Each employer voluntarily authorizes the collection of the contribution of thirty cents ($0.30) per straight time hour to this fund. Each employer shall be bound by all the terms and conditions of the agreement and declaration of trust of the heavy construction industry fund and by all by-laws adopted to regulate the said fund. Section 11 – physical examination due to state and federal regulations related to specialized physical examination now required as a result of work related to the removal and handling of toxic and hazardous materials, both parties recognize the need for a labor/management committee to address these concerns. The patties agree that the labor/management committee shall discuss the additional costs related to specialized examinations mandated by law. The parties are committed to amend this agreement in accordance with these objectives, upon mutual agreement. Section 12 – union service fee upon receipt of an authorization form signed by an employee to whom this agreement is applicable, the employer shall, pursuant to the terms of such authorization, deduct weekly from the gross wages of each such employee a union service fee in the amount of three dollars ($3.00) for each hour worked by such employee. Within fifteen (15) days after the conclusion of the month in which such hours have been worked, the employer shall pay to the union the aggregate of all such amounts deducted during such concluded month from the wages of each such employee. Section 13 – local 14 7 training fund the employer shall pay into the local 147 training fund (“training fund”) the contribution rate as provided in schedules b-1 and b-2 attached for each hour worked for all free air and compressed air classifications. Contributions to the training fund shall not be subject to any other infringement benefit contributions. The training fund will assume fully responsibility for payment of any taxes 38 gca – tunnel workers local 147 – 2022 and/or insurance premiums or other costs which may be required to be paid on contributions to the training fund. The employer shall have no obligation or responsibility to pay any such taxes, insurance premiums or other costs which may be due. The local 14 7 training fund is administered by trustees, one-half of whom are appointed by the union and one-half of whom are appointed by the gca in accordance with an agreement and declaration of trust dated march 1, 2000, together with any amendments thereto, and in accordance with any rules and regulations adopted by the trustees of said training fund. Payment shall be made by each employer on a monthly basis, within fifteen (15) days from the end of each month in which the hours were worked. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. The local 147 training fund will fund and offer the following required training classes: 1. Osha 30 for walkers and foreperson 2. Osha 10 for all workers (city required) 3. Fall protection 4. Arial lift training 5. Scaffold user/builder training 6. Hoisting and rigging 7. Electrical training 8. Confined space (for interventions) 9. First aid/cpr 10. Spill response 11. Track training 12. Certificate of fitness for fire watch all training will comply with all federal/state/local or regulatory requirements for all employees. 39 gca – tunnel workers local 147 – 2022 section 14 – liuna training and education fund each employer will contribute two cents ($0.02) for each hour worked by each employee in employment covered by this collective bargaining agreement to the liuna training and education fund. Payment shall be made by each employer on a monthly basis, within fifteen (15) days from the end of the month in which the hours were worked. Any additional allocations to the funds shall come from negotiated increases due july 1, 2023, july 1, 2024 and july 1, 2025. Section 15 – tunnel boring machine – manning tbms shall be used by employers on all jobs as the work shall require. At any time after the award of the job the union through its officers shall have the right to discuss the manning of said tbm with the employer and gca. If the union, employer and gca cannot agree on the manning of said tbm the dispute shall be submitted to arbitration as provided herein. All parties agree that the arbitration shall proceed promptly and expeditiously and use eve1y effort to have an award before the use of the tbm, but at all times the tbm shall continue to be used and manned as required by the employer during the arbitration proceeding, and any changes in manning shall only be ordered by the arbitrator in his decision, and the arbitrator is specifically empowered to award back pay if he determines an increase in manning is required. Section 16- liquidated damages for delinquent contributions to the fringe benefit funds, it shall be further provided for contributing employers found delinquent shall pay the cost of auditor fees and include liquidated damages of nine percent (9%) on delinquent contributions. The union will notify the gca in writing those companies that are delinquent on a monthly basis. Penalties collected will go into the prospected funds. 40 gca – tunnel workers local 147 – 2022 section 17- social security/disability insurance local 147 shall provide, without further contributions from either the employer or the employee, an approved plan coverage as required by the new york state disability benefits law section 18- benefit remittance forms the gca and the union will work to simplify the benefit remittance forms for both current jobs and all new jobs. Article viii section 1 – management rights (a) the employer shall employ such employees of the classifications oflabor set forth in schedules b-1 and b-2, over whom the union has jurisdiction, as in its discretion it deems necessary for performance of the work. Except as expressly herein limited, the employer retains the right to hire, fire and lay off employees, to determine the locations, scope and method of operation and the size of working forces and to direct the same, to assign employees to job classifications and to transfer them from job classification to classification as required by the work, with due regard for their safety. All employees in the job classification of tunnel workers except electricians, maintenance person, brakeperson and shaft person shall perform any work assignment while in the tunnel. Shaft person will perform all duties at the bottom of the shaft. (b) the union recognizes the various differences in subsurface conditions relative to the quality of the ground surface tluoughout the city of new york. It is also cognizant and aware of the numerous safety problems that are created by breakdowns and emergency situations and their effect on production. It is further recognized by the parties to this agreement that the use of shapers in the tunnel industry has historically been of assistance in work progression. It 41 gca -tunnel workers local 147 – 2022 is further recognized and understood that said shapers have provided a work pool as being the entry point for many who are to become experienced and competent tmmel workers. The tmmel industry having undergone various changes in the present work requirements is interested in affording the greatest work opportunity to tunnel workers who have contributed over the years to the industry, and further desires to increase the safety levels on all tunnel projects. It is recognized that in normal tunnel operations it is advantageous to the progress of the work to employ shapers to fill out “gangs”. In accordance with the above principles, shapers will continue to be utilized at the employer’s sole discretion. Notwithstanding the provisions of this section there shall be a helper with every driller. Section 2 – featherbedding there shall be no limitation on the amount of work an employee shall perform during their working hours, it being understood that they shall perform a fair and honest day’s work; nor shall there be any limitation on the use of machinery, tools, appliances, raw or manufactured materials; nor shall any person have the right to interfere with the employees during working hours. Section 3 – contract variation the union recognizes that the work to be performed by employees hereunder may depend upon the contract of the employer with realty owners, public bodies or other third parties, and agrees to alterations in the scope or character of the work brought about by changes in the contract between the employer and such third parties. The employer shall not subcontract any portion of the work covered hereunder, which if not subcontracted would be subject to the terms hereof, without securing the agreement of the subcontractor to perform any such work in accordance with the terms and provisions of this agreement. 42 gca – tunnel workers local 147 – 2022 section 4 – new jobs the union agrees upon request of the employer in co1mection with its preparation of bids for new work to make such written commitments as to wages, hours and working conditions for such new work as will enable the employer to enter firm bids with realty owners, public bodies and other third parties. Section 5 – attendance bonus in keeping with the progressive nature of our agreement, the tmmel worker who is consistent in their on the job attendance shall receive a bonus, as follows: 1. An employee who commences employment on other than the first (1st) working day in a calendar month must work on all other days in said calendar month (monday through friday only or all scheduled working days) and on all other working days in the succeeding calendar month (monday through friday only or all scheduled working days), at which time he shall receive an attendance bonus paid to the vacation fund of two hundred dollars ($200) plus the appropriate amount, as listed in the schedule number 3 below. 2. Where an employee has worked during a complete calendar month (monday through friday only or all scheduled working days) for the same employer and is subsequently terminated in the following calendar month after having worked all the working days (monday through friday only or all scheduled working days) in the previous month prior to his termination, said employee shall receive an attendance bonus paid to the vacation fund of two hundred dollars ($200.00) for work and attendance in the last complete calendar month, plus the appropriate amount, as listed in the schedule in number 3 below. 3a. Any employee hired for a work classification as provided for herein as a regular employee rather than as a shaper after the first working day in a calendar month, and who is laid off by the employer due to cessation of said 43 gca -tunnel workers local 147 – 2022 work classification (after five (5) continuous monday through friday only or all scheduled working days of employment) either before or on the last working day in said calendar month shall receive a pro-rated portion of the two hundred dollars ($200.00) attendance bonus paid to the vacation fund, per the schedule below. Scheduled working day(s) shall be defined as the day(s) on which the employee is scheduled to work pursuant to previous notification by the employer that the employee is scheduled to work. 3b. In order to receive the attendance bonus, a tunnel worker must work a full shift on all days in the work month. An employee will only receive a prorated attendance bonus if they are hired by the employer during the month. Tunnel workers who do not work the full month shall receive no attendance bonus for that month. Number of scheduled days amount due consecutively worked employee 1 = $ 9.10 2 = $ 18.18 3 = $ 27.27 4 = $ 36.36 5 = $ 45.45 6 = $ 54.54 7 = $ 63.63 8 = $ 72.72 9 = $ 81.81 10 $ 90.90 11 = $ 99.99 12 = $109.08 13 = $118.17 14 = $127.26 15 = $136.35 16 = $145.44 17 = $154.53 18 $163.63 19 = $172.71 20 = $181.80 21 $190.89 22 = $199.98 44 gca -tunnel workers local 147 – 2022 3c. If an employee is under the union’s “share the work program” in a position like changehouse attendant, powder watchperson or a union executive committee member required to attend proper and legal union meetings during the workday, said employees shall receive a pro-rated portion of the two hundred dollars ($200.00) attendance bonus paid to the vacation fund, per the schedule as provided in (a) above. 3d. It is expressly agreed that the two hundred dollars ($200.00) payment contained in this attendance bonus clause includes a sum of money to provide for the payment by the vacation fund of all statutory payroll charges, including all those that would be paid by the employer. These contributions shall not be subject to any additional fringe benefit payments. Section 6 – small bore tunnels all pipe jacking, liner plate and rock tunnels less than sixty-five (65) square feet will have minimum manning requirements as follows: one (1) foreperson and two (2) tunnel workers. All said employees shall be paid the liner plate rate of pay as set forth in section b-2, and further shall receive all the fringe benefits for a tunnel worker. Hours of work shall be the standard eight (8) hours a day. There shall be no workstations, or manning assignments, either at the shaft or in the tunnel. There shall be no safety miner in small-bore tunnels. The shop steward shall be one of the work crew. There shall be a changehouse, with no changehouse attendant, with coffee available to the tunnel workers. One person shall act as changehouse attendant in addition to his or her regular duties. He or she shall anive thirty (30) minutes early and leave thi1ty (30) minutes after their work shift and shall be paid said hour at the overtime rate. Section 6a – small bore micro tunneling machines: effective on all jobs the employer and union feel that to further accomplish the employment and industry objectives as outlined in section 6 it will be necessary to be more competitive in small-bore micro tunnel work and pipe jacking. Therefore, all small bore micro tunneling machines herein 45 gca- tunnel workers local 147 – 2022 defined as machines which have a remote control steering mechanism, a cutting head, and a shield 3 which is propelled by pipe jacks for use in tunnels less than sixty-five (65) square feet will have minimum manning requirements and special wage scales as follows: one (1) local 147 foreperson and two (2) local 147 tunnel workers minimum. Any additional employees shall be furnished by local 147. All said employees shall be paid eighty percent (80%) of the total wages and fringes as set fo1th in schedule b-2 “wage schedule – free air jobs” and liner plate premiums shall not apply if not used. Hours of work shall be the standard eight (8) hours per day. There shall be no workstations, or mam1ing assignn1ents, either at the shaft or in the tum1el. There shall be no safety miner in small-bore micro tunnels. The shop steward shall be one of the work crew; if top person are employed they shall be members of local 147. There shall be a changehouse, with no changehouse attendant, with coffee available to the tunnel workers. One person shall act as the changehouse attendant in addition to his or her regular duties. He or she shall arrive thhty (30) minutes early and leave thirty (30) minutes after their work shift and shall be paid said hour at the overtime rate. The overtime rate for micro tunneling shall be at the time and one-half rate. Section 6b – installation of pipes, valves and appurtenances and platforms and stairways in underground main valve chambers, riser valve chambers and shafts in nyc water tunnels the installation of large diameter pipes, valves and appurtenances, platforms and stairways in underground main valve chambers, riser valve chambers and shafts that attach to pipes installed by local 14 7 shall be under the jurisdiction of local 14 7 tunnel workers. In addition, all platforms and stairways in the aforementioned structures shall be under the jurisdiction of local 14 7. Such work shall include the loading, unloading and hydrostatic testing on the surface; rigging, lowering, and transporting into the underground chamber or shaft. In addition to the gang handling, testing, and installing the pipes, valves, and appurtenances, there shall be at least one top bellperson (who shall be the shop steward) and one bottom bellperson (when the installation location is greater than 75 feet from the shaft) and one electrician to 3 this micro shield is not to be confused with a conventional shield 46 gca – tunnel workers local 147 – 2022 service local 147 with temporary light as required. If additional employees are needed for this work, they shall be members of local 14 7. One employee in the gang under the jurisdiction of the union shall receive one-half (1/2) hour at the overtime rate of pay to perform changehouse duties prior to shift commencement each workday. Section 6c – ventilation the business manager of local 147 and the director of labor relations of the general contractors association will continue to assess the current status of ventilation in tunnels. Section 7 – safety meeting it will be the responsibility of the employer to hold semimonthly safety meetings. Section 8 – weekly pay all forepersons shall be paid on a weekly basis. At the commencement of employment, a foreperson will be paid for days actually worked in the payroll week. Section 9 – subcontractors and other firms the terms, covenants and conditions of this agreement shall be binding upon all subcontractors performing work under the jurisdiction of local 147 at the site to whom the employer may have subcontracted all or part of any contract entered into by the employer. Section 10 – insurance clause the welfare fund accidental death and dismemberment benefit that is employment related shall be fifty thousand ($50,000.00) dollars. The local 147 welfare fund plan document defines the specific benefit. Section 11 the general contractors association shall designate a representative to assist employees in processing and expediting all applications for disability and workers compensation benefits. Section 12 – toxic material the employer and union agree that where toxic materials are used, the employer shall comply with new york state labor law article 28 entitled “toxic substances”. 47 gca – tunnel workers local 147 – 2022 section 13 – record of wage deduction every week the employer shall furnish each employee with a statement of weekly and cumulative deductions from their wages of union dues and contributions to the local 147 political action fund, if same can be accomplished under the existing employer’s computer program. Section 14 – new york state laborers-employers cooperation and education trust the employers and the union 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 the union also recognize that workers, as well as business, benefits from labor-management cooperation. To seek resolution of these mutual concerns and to advance mutual interests through labor-management cooperative efforts, the employers and the union agree to participate in the new york state laborers-employers cooperation 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 those under the jurisdiction of local 147. All such payments shall be made within thirty (30) days after the conclusion of the month in which said hours were worked. The employer shall list the names of the employees for whom such deductions have been made for each such employee in the employer’s monthly report. Such payments shall be sent, monthly, to the benefits funds with the understanding, however, that the benefits funds neither assume nor has 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 remittance is limited to sending same to the new york state lecet, not less frequently than monthly. 48 gca – tunnel workers local 147 – 2022 article ix general provisions section 1 – discrimination and equal employment opportunity the gca, employer and union agree that they will treat all employees and applicants for employment without unlawful discrimination as to race, creed, color, national origin, sex, age, disability, marital status, sexual orientation or citizenship status in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination, and all other terms and conditions of employment. Section 2 – illegality in the event that any part of this agreement, or any provision herein contained, is hereafter rendered or declared illegal or an unfair labor practice by reason of any existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, or by the decision of any authorized governmental agency, such invalidation of such part or portion of this agreement shall not invalidate the remaining portion thereof; provided, however, that upon such invalidation the parties agree to meet and negotiate substitute provisions of such parts or provisions rendered or declared illegal or an unfair labor practice. The remaining parts or provisions of this agreement shall remain in full force and effect. Section 3- waiver of paid sick leave local 14 7 waives any right of entitlement for paid sick leave that may be provided by any city, state or ft; deral law or regulation. The union acknowledges the provisions of the new york sick leave act (labor law sec. 196-b) and further acknowledges that employees covered under this agreement receive comparable benefits in lieu of the sick leave through the signatory employer’s contributions to the vacation fund on behalf of employees. The union waives the provisions of the new york city earned safe and sick time act pursuant to nyc admin. Cove section 20-916(a) and acknowledges that employees covered 49 gca – tunnel workers local 147 – 2022 under this agreement receive comparable benefits in the form of the signatory employer’s contributions to the vacation fund on behalf of employees. Section 4- paid family leave paid family leave is to be provided by the local 147 welfare fund. Section 5 – emergency shutdown language in the event that a public official, including the president of the united states, the governor of the state of new york or the mayor of the city of new york or any other elected officials of any other jurisdiction in which local 14 7 members may be employed by a gca member or its subcontractors (“employer”), declare a state of emergency, or a project shutdown by a public owner or other government agency, the employer shall have sole discretion as to manning the job as the employer sees fit. Such emergency discretion does not permit the employer to assign local 147 work, classifications, or equipment to anyone other than local 147 members. If during a period of emergency, the employer performs any work, or utilizes any classifications or equipment which falls under local 147’sjurisdiction, then such work, classifications or equipment will be performed, manned and operated by members of local 147 in accordance with the local 147 gca heavy construction agreement. Section 6 – public works/prevailing wage clause: in the event any federal, state or local legislation governing public works prevailing wage standards or their methods of calculation is enacted, the pmties hereto agree that they shall meet solely to renegotiate any such part or provision of this agreement to the extent that such negotiations are necessary to address such legislation governing public works prevailing wage standards or their methods of calculation. For all other purposes, this agreement shall remain in full force and effect and not be subject to the negotiations identified herein. 50 gca – tunnel workers local 147 – 2022 articlex disputes section 1 – no strike – no lockout it is mutually agreed that there shall be no strikes, walkouts, stoppages, lockouts, or any interruption of work by reason of any dispute in connection with or arising out of this agreement by either of the parties hereto during the period of this agreement, including any periods during which arbitration is had in accordance with section 2 of this article. Section 2 – grievance – arbitration in the event that any grievance, claim or dispute of any kind whatsoever arises between the parties hereto, or is asserted by one of the parties hereto against the other, by reason of, or with respect to, any of the provisions of this agreement, including any claim of violation or alleged violation of any provisions contained in this agreement, and including any disagreement relating to the interpretation or application of this agreement, the parties hereto shall attempt to adjust the case by negotiation. Failure of a party to give notice of any question, claim or dispute within six (6) months after same shall have arisen shall constitute a waiver by such party of any such claim, right or benefit. If they are unable to adjust the same within forty-eight (48) hours after request for such adjustment has been made, then the said grievance, claim or dispute shall thereafter be submitted to arbitration, upon the request of either party as follows: the parties shall attempt to agree upon the selection of the arbitrator within forty-eight ( 48) hours after the request to do so is made by either party. If no selection is made within 48 hours, either of the parties, upon notice to the other, may apply to the american arbitration association, 140 west 51st st. , new york, new york, for the appointment of an arbitrator. The decision of the arbitrator shall be final, binding and conclusive upon the parties hereto. The expenses of the arbitrator shall be borne equally by the employer and the union. 51 gca – tunnel workers local 147 – 2022 article xi duration and termination section 1 – duration this agreement shall be effective from july 1, 2022 to june 30, 2026 section 2 – termination should either party desire to terminate this agreement as of june 30, 2026 or to modify or amend it as to its terms thereafter, it shall give notice in writing thereof at least sixty (60) days prior to july 1, 2026 and shall otherwise comply with the requirements of the national labor relations act relating to termination or modification of collective bargaining agreements. Section 3 – jurisdictional disputes it is agreed that, when a jurisdictional dispute arises, there shall be no stoppage of work by the union and trades affiliated with 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 board authorized for the settlement of jurisdictional disputes or, if the parties mutually agree, to any other authorized agency or body whether governmental or private for decision. In the event of any stoppage of work caused by any union or unions connected with the afl-cio, the employer may pay off its employees at the end of the workday the stoppage occurs, and will not have to pay these persons for any time during the period of the stoppage. Section 4 – complete agreement this writing comprises the full entire agreement between the parties. No other agreement or understanding of any nature concerning the same has been entered into or will be recognized. The employer has made no inducements or representations to the union whatsoever, except as expressly stated in this agreement. No oral modification of this agreement shall have any force or effect. 52 gca -tunnel workers local 147 – 2022 signed at new york city, new york compressed air and free air, foundations, tunnels, caissons, subways, cofferdams, sewer construction workers, local 147 of new york, new jersey states and vicinity signed by: — president business manager 53 for, and on behalf of, and authorized by the members of the general contractors association of new york, inc. And other employers who ha ve appointed the general contractors association of new york, inc. As their collective bargaining agent, whose names are attached hereto in exhibit 1. Signed by: robe1t g. Wessels executive director