general contractors association local 731 laborers 2016 2026agreementbetween and amongmembers of the general contractorsassociation of new york incandbuilding concrete excavating &commonlaborers unionlocalno 731of greater new york long island andvicinity of the laborers internationalunion of north america july 1 2016april 30 2026indexarticle i purposes declaration of principles 1section 1 purposes 1section 2 declaration of principles 2article ii jurisdiction 3section 1 jurisdiction 3section 2 definition of heavy construction 3article iii union security union visitation 4section 1 union security/recognition 4section 2 prejob conference 4)section 3 subcontractors and business entities 5section 4 shop stewards 6section 5 general foreman and foreman of laborers 7section 6apprentice(s) 8section 7 union visitation 8article iv disputes 9section 1 no lockout strike work stoppage 9section 2 procedures of grievance arbitration 9section 3 finality of decision 11section 4 status quo 11section 5 arbitrator expenses 11article v jurisdictional disputes 12section 1 no work stoppage 12section 2 heavy construction industry jurisdictional panel 12article vi work jurisdiction 13a excavation and foundation work for buildings 13b landscaping in connection with building projects 19c heavy construction and engineering work 21d landscaping in connection with heavy construction andengineering work 30article vii wages and conditions 32section 1 hours of work 32section 2 shifts varying shifts varying lunch 32section 3 overtime and holidays 33section 4 wages 35section 41 payment of wages by check 38section 5 conditions 3 9section 6 drug and alcohol testing clause 39section 7 use of intoxicant or illegal drug 40section 8 paid sick leave 40section 9 paid family leave 40article viii 40section 1 welfare fund 40section 2 pension fund 42section 3 annuity fund 43section 4 liuna local 731 training fund 43section 5(a) union membership supplemental dues 44section 5(b) political action committee 45section 5(c) duties of employer to funds with respect to new hires 46section 6 heavy construction industry fund 46section 7 new york state laborersemployers cooperationand education trust 4 7section 8(a) bonding 47section 8(b) cash alternative to bond 48section 9 method of payment 49section 10 records reports liability 49article ix work stoppage for default in payment ofwage and/orwelfare pension and annuity payments 52section 1 52section 2 removal of workers upon default 52section 3 arbitration 52section 4 54article x legality 55section 1 55section 2 5 5section 3 5 5article xi notices 55article xii execution of agreement 56article xiii term of agreement 56article xiv favored nations clause 56ar ti cle xv intent of the agreement 56appendix a utility rates 58special note 1 dues checkoff 59special note 2 pension fund contributions 59special note 3 definition of flagmen and pedestriantraffic manager/crossing guard 59general contractors associationlaborers 20162026members of the general contractors association of new york inc(gca) of 60 east 42nd street new york new york and other employers for or on whosebehalf the executive director of said association has been or hereafter is authorized to execute thisagreement (hereinafter individually referred to as employer or collectively referred to asemployers)andbuilding concrete excavating & common laborers union local no 731 ofgreater new york long island and vicinity of the laborers internationalunion of north america 3411 35th avenue astoria new york 11106 (hereinaftersometimes called local 731 and sometimes union)article ipurposes declaration of principlessection 1 purposesthe purposes for which this collective bargaining agreement (this agreement) is enteredinto are as follows(a) to prevent strikes and lockouts(b) to facilitate peaceful adjustments of grievances and disputes between the employeremployee and union(c) to prevent waste unnecessary and avoidable delays which result in unnecessary costsand expense to the employer and union and the loss of wages to the employee(d) to enable the employer to secure at all times sufficient forces of skilled workers (e)to provide as far as possible for the continuous employment of labor(e) to provide that employment shall be in accordance with conditions and at wagesherein agreed upon(f) to bring about stable conditions in the construction industry(g) to keep costs of work in the industry as low as possible consistent with fair wagesand proper working conditions as provided for hereunder(h) to establish the necessary procedure for amicable adjustment of all disputes thatmay arise(i) continue the custom and practice heretofore prevailing for many years on heavyconstruction excavation and building foundation work (hereinafter heavyconstruction work) of agreement as to the terms and conditions of employment and1general contractors associationlaborers 20162026as to the necessary procedure for amicable adjustment of all disputes or questions thatmay ansesection 2 declaration of principlesthe parties to this agreement believe that a uniform agreement if adopted by all employersand all unions engaged in the construction industry would further the interests of the industry andfurther believe that such a uniform agreement should contain the following principles upon whichthe parties hereby agree1 that none of the parties hereto nor any of the representatives of any of them shalldiscriminate in any manner against any laborer general foreman steward orother individual by reason of union activity as provided by law race color creed religionnational origin age sex union membership or nonmembership marital status disabilitycitizenship status or sexual orientation2 that there shall be no limitations as to the amount of work a person shall perform during theyorking day it being understood that workers shall perform a fair and honest days work3 that there shall be no restriction on the use of any raw or manufactured materials exceptprison made4 that there shall be no restriction on the use of machinery tools or appliances5 that no person shall have the right to interfere with workers during working hours6 that workers are at liberty to work for whomever they see fit but that they are entitled to andshall receive the wages agreed upon7 that the employers are at liberty( a) except as provided in subparagraph ii l ii above to employ and discharge whomeverthey see fit(b) except as provided in subparagraph ii l ii above to reject any job applicant referred bylocal 731 and to be the sole judge at all times as to the work to be performed andwhether such work performed by any workers or laborers represented by local 731and employed by the employers is or is not satisfactory8 any past practice or custom that is a violation of the terms of this agreement shall not bedeemed a precedent and shall not constitute a waiver of the terms of this agreement asregards to any such past practice or custom2general contractors association laborers 20162026article iijurisdictionsection 1 jurisdictionthis agreement covers work done by the employer engaged in new york city andvicinity on excavation and foundation work for buildings landscapingwork and/or heavy construction work as those terms are hereinafter definedif any of the employers engage in any class of work not embodied in excavation andfoundation work for buildings landscaping and/or heavy constructionwork as those terms are hereinafter defined they shall comply with all of the union conditions thenexisting in that class of workthe gca agrees to preserve traditional craft jurisdiction as set forth in the various gcacollective bargaining agreements of the local unions affiliated with liuna this recognition ismade in an effort to preserve work opportunities for members of liuna local unions and for thegca to oppose any efforts by any and all other unions which may seek to undermine the jurisdiction of the laborerssection 2 definition of heavy constructionheavy construction work where referred to in this agreement is hereby defined asincluding but not limited to new construction ie building and foundation construction belowstreet level or the inspection rehabilitation or expansion of an existing structure or facilityinvolving any aspect of subsurface construction or excavation all deconstruction or demolitionwork all construction from excavation through final completion of engineered structures parkinggarages mass transit facilities including but not limited to bus depots ventilation plantsmaintenance shops transit yards stations tunnels railway lines and work along railway rights ofway highways roads streets bridges parks piers wharves and bulkheads marine transferstations airport runways access roads airline terminals water and wastewater conveyancesincluding but not limited to tunnels and associated facilities including gatehouses pump housesvalve chambers and water and wastewater treatment plants power plants power generatingstations electrical substations and pipelines all excavation and site work including but notlimited to all installation relocation or removal of utilities all drainage landscaping curbsettingand paving removal of hazardous materials as it pertains to heavy construction projects and anyconstruction commonly associated with public works infrastructure or heavy civilconstruction exclusive of the erection of building superstructures since this latter work is agreedto be a separate and distinct branch of the construction industry3general contractors associationlaborers 20162026article iiiunion security union visitationsection 1 union security(a) all employees who are members of the union at the time of signing of this agreementshall continue membership in the union the union shall have the right to require all other employeesto become members of the union within seven (7) days following the beginning ofemployment or the effective date of this agreement whichever is later and must maintain theirmembership in good standing in the union as a condition of continued employment if the provisions forunion security clauses are modified by congress during the terms of this agreement this clause willautomatically become modified to conform to such changes(b) employees covered by this agreement shall not refuse to work with persons who afterseven (7) days employment have complied with the union security provisions of this agreementhowever employees covered by this agreement are not required to work for any contractor who doesnot comply with the union security provisions of this agreement it is understood that additionallaborers secured by the employer shall be eligible for and shall comply with requirements of unionmembership as set forth herein(c) if the employer covered by this collective bargaining agreement or any such principal iowner or principal forms or acquires by purchase merger or otherwise an interest whether byownership stock equitable or managerial in another company corporation partnership or any otherbusiness entity including joint venture and sole proprietorship performing bargaining unit work withinthis jurisdiction this collective bargaining agreement shall cover such other operation( d) union recognition the association hereby recognizes the union as the collective bargainingrepresentative of all employees covered by this agreement nonmember employers of the association whobecome signatories to this agreement do hereby likewise recognize the union as the collective bargainingrepresentative of all employees of said employer covered by this agreement the union is recognized as thecollective bargaining representative of such employees covered by this agreement for the purpose ofcollective bargaining with respect to wages hours and terms and conditions of employmentsection 2 prejob conferenceeach employer covered by this agreement shall be required to conduct a prejob conferencewith the union prior to the commencement of any job the purpose of the prejob conference is tosettle any issues regarding the interpretation of this agreement and the retention of any knownsubcontractor(s) to perform the bargaining unit work at the prejob conference any knownjurisdictional disputes should be discussed prior to commencement of work should any employer fail4general contractors associationlaborers 20162026to conduct a prejob conference before the commencement of a job that employer will be presumed tohave knowledge of all terms and conditions of this agreementsection 3 subcontractors and business entities(a) the employer shall not enter into a contract with any other person or entity1 to performbargaining unit work on the same job site unless such other person or entity has signed a collectivebargaining agreement with the union on work traditionally performed by members of local 731 or is amember of an association which has signed a collective bargaining agreement with the union and hasauthorized such association to negotiate and execute a collective bargaining agreement on its behalf(b) the terms covenants and conditions of this agreement shall be binding upon all subcontractorsat the site to whom any of the employers may have resubcontracted all or part of any contract enteredinto by said employer each of the employers shall notify local 731 within thirty (30) days of anaward and prior to the start of work on any job or project that a subcontract necessitating employmentof the employees covered by this agreement has been let included in said notification shall be thename and address of each said subcontractor as well as the location of said job or project in the eventthe subcontractor is delinquent in the payment of wages due pursuant to this agreement and/orcontributions to local 731 funds during the course of this project the employer has agreed to thefollowing terms if a subcontractor is more than seven (7) days delinquent in wages or thirty (30) daysdelinquent in required payments to the fringe benefit funds and said delinquency is attributable towork performed by the subcontractor for the employer the employer shall be notified by the fundsby certified mail return receipt requested or by overnight delivery that the subcontractor is delinquentif the subcontractor is still delinquent fifteen (15) days after the employer has been notified inwriting by the union or by the fringe benefit funds the employer shall hold back from anypayments due to the subcontractor an amount equal to the delinquency in the event that the employeris in possession of certified payroll reports filed by the subcontractor it shall provide copies of sameupon request of the fundsin the event a subcontractor is delinquent in wages to its employee(s) or in benefits to thefringe benefit funds the employer will remit such wages to the employee(s) or benefits to thefringe benefit funds on behalf of the subcontractor in an amount equal to the delinquency and ifthe employer has given local 731 the notice required by the second and third sentence of section3(b) of this article iii said amount shall not exceed the amount withheld by the employer1 entity defined as partnership limited liability company firm company corporation or any otherbusiness entity including any joint venture or sole proprietorship which now or hereafter exist5general contractors associationlaborers 20162026in the event the amount that is retained by the employer and forwarded to the funds is lessthan the amount owed by the subcontractor the funds shall not be precluded from pursuing any otherremedy provided by law against the subcontractor or the employer( c) each of the employers undertakes and agrees that in addition to the surety company bondto be provided by each of them pursuant to the terms and conditions of this agreement eachsuch subcontractor shall also provide for itself the surety company bond or cash alternative required ofeach of them under this agreementif any such subcontractor fails to provide said surety company bond to local 731 welfare fundpension fund annuity fund and/or the liuna training fund within five (5) days after local 731 orany or all of said funds makes written demand therefore of said subcontractor and the employer of saidsubcontractor said employer shall then forthwith (a) provide and deliver to local 731 welfare fundpension fund annuity fund and training fund a surety company bond duly executed by saidsubcontractor as principal and the surety company writing such bond as surety or (b) theunconditional undertaking and guaranty of said employer in favor of local 731 welfare fundpension fund annuity fund and training fund wherein and whereby the employer undertakes andguarantees to make prompt payment when due to the welfare fund pension fund annuity fund andtraining fund of all contributions required to be paid by said subcontractor to said welfare fundpension fund annuity fund and training fund with interest thereon liquidated damages reasonableattorneys fees and the costs of the arbitration if and when any of the employers acquires a financialinterest in any firm or company engaged in the work set forth in article vi of this agreement said firmor company shall be automatically bound by the terms and conditions of this agreement in the samemanner as it has been a signatory heretosection 4 shop stewardsall employers who do the work as set forth in this agreement shall employ laborers exclusivelyto perform such work and shall employ laborer shop stewards where more than one employer doeslaborer work on a project each employer shall employ laborers exclusively to perform the work andeach employer shall employ laborer shop stewards where laborers are employed on a project thebusiness manager of local 731 shall place a shop steward on the first shift who shall be the secondlaborer on the job when the employer is employing members of local 731 on a second and/or thirdshift on a project a steward may be placed by the business manager of local 731 the second and/orthird shift steward will be laid off when the shift ends during shift work if a gca member is notemploying members of local 731 for that shift a shop steward will not be required if a subcontractor isutilizing members of local 731 then the subcontractor will be required to employ a shop steward if theymeet the requirements for a steward6general contractors associationlaborers 20162026in the event an employer circumvents this requirement the employer will be required to hire anadditional laborer who will be designated as shop steward additionally the steward shall have thefirst right of refusal on overtime the steward shall see to it that the classification of work as definedherein is observed and that the employers are complying with the terms of this agreement thesteward shall be afforded the opportunity to perform his duties which include but are not limited tochecking of subcontractors new hires books and payment of correct wage rates and the receipt oflaborers reports of grievances he/she shall be responsible for the maintenance of a complete monthlysteward report he/she shall retain possession of the key to the tool house and see to it that it is openin ample time at starting time and securely locked at quitting time any work to be performed in or at ayard or job site including but not limited to the storeroom will be performed by the shop stewardhe/she shall perform these duties as shop steward with the least possible inconvenience to his/heremployer he/she is to work as a laborer and not use his position as shop steward to avoidperformance of his/her duties as a laborer if the shop steward is discharged the contractor mustimmediately notify the union and a grievance hearing as described in article iv section 2(a) shall beheld within three (3) workdays if it is determined that the shop steward was improperly dischargedhe/she shall be reinstated and paid for lost time and fringe benefits for such lost time shall be paid tothe excavators union local 731 benefits funds on his behalf if the grievance hearing cannot reach adecision the matter shall be referred to expedited arbitrationthe shop steward is to work up to completion of the job and shall be the last working laborerto be discharged exclusive of the foremansection 5 general foreman and foreman of laborers(a) general foreman of laborers the requirement of a general foreman may be discussedat a prejob conference between the union and the employer the wages for the general foremanshall be negotiated between the proposed general foreman and the employer(b) foreman of laborers the foreman shall be a representative of the employer and shall bein direct charge of the laborers on the job all foremen shall be paid a weekly salary which shall notbe less than $250 per hour above the prescribed rate for laborers in this agreement laborers shall notbe required to take craft supervision from other union foremen except where agreed upon at a prejobconferenceat commencement of employment a foreman shall be paid for days actually worked in thecalendar week if terminated for cause a foreman will be paid for days actually worked in the calendarweek during the course of continuous employment on a project said foreman shall be paid on aweekly basis and shall not receive holiday pay as an addition to his weekly pay unless the holiday isworked if the holiday is worked said foreman shall receive an additional one days pay at the7general contractors association laborers 20162026straight time rate for the holiday if a foreman works over eight (8) hours per day or forty ( 40) hoursper week he shall be entitled to overtime if a gang is laid off prior to job completion the foremanshall be entitled to forty ( 40) hours of pay for the week the minimum rates of wages for foremen forone week shall be as followsone thousand six hundred fortyeight dollars ($174000) fromjuly 1 2016 to and including june 302017 ($4350 per hour)** see special note 2section 6 apprentice(s)the ratio of apprentices to journeymen shall be 1 8 there may be expanded utilization ofapprentices on entry level classifications for private work (ie foundation and noncity stateor federally funded projects) at the employers discretion on such protects the ratio forapprentices to journeymen will be 1 4 or the greatest amount permitted by law apprentices shallinitially be paid at 50% of the journeymans wages and will be adjusted as follows1000 hours worked2000 hours worked3000 hours worked4000 hours worked60% of laborers wage75% of laborers wage90% of laborers wage100% of laborers wagein order to qualify as an apprentice a laborer must be enrolled in the local 731 apprenticeshiptraining program under no circumstances may a laborer be listed as an apprentice unless suchprerequisite training has been completedapprentices are solely responsible to provide the employer with documentation confirming theirstatus in the apprentice program and the hours currently worked as an apprenticesection 7 union visitationthe business agent business manager or other designated representative shall have the right tovisit and go upon the employers union jobs during working hours he shall not be interfered withwhen making such visits nor shall he hinder or interfere with the progress of the work8general contractors associationlaborers 20162026article ivdisputessection 1 no lockout strike work stoppageexcept as otherwise provided for herein the union shall not order or sanction a strike againstany employer or employers who are parties to this agreement nor shall any employer or employersacting jointly or severally directly or indirectly lock out any laborers represented by the union that areparties to this agreement the union shall not be responsible for any unauthorized strike or its resultswhen the laborers on any gca member project or on a project when a subcontractor to agca member is being paid less than the rate of wages prescribed in this agreement or prevailingwages are not being adhered to or the employer is in arrears on monies payable to the trust fundsthe union shall give three (3) working days written notice to the general contractor and gca memberand the union shall be entitled to withdraw the laborers from such job upon expiration of the threeworking days written noticethe union representative in consultation with the employer representative or the gcarepresentative may declare a portion of a jobsite or a jobsite a threat to the health safety and welfareof the employees covered by this agreement the work shall be curtailed until the situation isresolvedhowever none of the provisions of this article shall be construed so as to prevent local 731from exercising its inherent right herein and hereby recognized to remove its members or cause itsmembers to be removed from any job under local 731 s jurisdiction upon three (3) working dayswritten notice delivered in person or in the manner specified in article xi hereinafter if or when anyof the employers (a) default in making payment when due of any wages required to be paid pursuantto section 5 (b) of article iii hereinbefore and/or (to article vii hereof) (b) default in makingpayment when due of any of the amounts of contributions required to be paid to the excavatorsunion local 731 welfare fund the excavators union local 731 pension fund the excavatorsunion local 731 annuity fund and or liuna local 731 training fund pursuant to article viiihereof and/or (c) default in providing the surety company bond or the cash alternative requiredpursuant to section (8) of article viii hereofsection 2 procedures of grievance arbitrationexcept as hereinbefore otherwise provided in the last sentence of section 1 of this article ivand except as regards the wages required to be paid pursuant to the provisions of article vii hereof andthe collection of contributions required to be paid to the trustees of excavators union local 731 welfare fund excavators union local 731 pension fund excavators union local 731 annuity9general contractors association laborers 20162026fund and liuna local 731 training fund pursuant to the provisions of article viii hereof for thepurpose of settling disputes between any of the employers and local 731 or any of the employers andany of the workers covered by this agreement as to any claims of violation of this agreement or of anydispute that may arise in connection therewith or for construing the terms and provisions thereof thefollowing procedure is established(a) the matter in dispute shall be immediately reported by the employer involved or by local731 to the president of local 731 or the director of labor relations of the gca who shallpromptly arrange a meeting between said employer and representatives of local 731 in aneffort to reach an amicable solution(b) should this fail to effect a resolution of the dispute the employer involved or local 731 mayserve upon the other party a demand for arbitration or a notice of intention to arbitrate specifyingthe agreement pursuant to which arbitration is sought and the name and address of the partyserving the notice the name and address of an officer or agent thereof if such party is anassociation or corporation and stating that unless served applies to stay the arbitration withintwenty days after such service he shall thereafter be precluded from objecting that a validagreement was not made or has not been complied with and from asserting in court the bar of alimitation of time such notice or demand shall be served in the same manner as a summons orby registered or certified mail return receipt requested an application to stay arbitration mustbe made by the party served within twenty days after service upon him of the notice or demandor he shall be so precluded notice of such application shall be served in the same manner as asummons or by registered or certified mail return receipt requested service of the applicationmay be made upon the adverse party or upon his attorney if the attorneys name appears on thedemand for arbitration or the notice of intention to arbitrate service of the application by mailshall be timely if such application is posted within the prescribed periodto be a valid claim the matter in dispute must be reported within 30 business days tothe employer and the director of labor relations of the gca any dispute that is notreported within 30 business days of its occurrence shall be declared null and void all disputesmust be reported in writing(c) any grievance not resolved pursuant to (a) or (b) above shall be submitted to arbitration beforea single arbitrator the arbitrator shall serve in order from a panel of four as follows(1) mr stephen f obeirne esq 176 washington ave clifton new jersey 07011(2) ms bonnie weinstock 9 cabriolet lane melville new york 1174 7(3) mr thomas hanrahan esq po box 140 glen rock new jersey 07452(4) ms janet mceneaney esq 20502 33rd ave bayside new york 11361general contractors associationlaborers 20162026all arbitrators selected as successors must be unanimously agreed upon by the parties the fourwill serve to the end of this agreement if any arbitrator is not available to serve for any reason thenext one on the list shall serve the arbitrator shall conduct a hearing in such a manner as he shallconsider proper and shall serve as the sole arbitrator of the dispute between the parties after all theparties concerned have been notified in writing at least five (5) days prior to a hearing the arbitratorshall have the right to conduct an ex parte hearing in the event of the failure of either party to bepresent at the time and place designated for the arbitration and shall have the power to render adecision based on the testimony before him at such hearing the costs of arbitration including thearbitrators fee shall be borne equally by the employer and the union service of any document ornotice referred to above or service of any notice required by law in connection with arbitrationproceedings may be made by registered or certified mail service upon the employer shall be madeon the individual employer and the gca( d) refusal to adhere to the decisions under any one of the provisions above shall allow the union towithhold the services of its laborers(e) this article is not in any manner meant to prohibit or restrict the unions right to strike orwithhold services upon the expiration of this agreementsection 3 finality of decisiona decision made under any one of the above plans shall be final and binding upon all parties tothe dispute from the date the decision is made it shall become part of this agreement any decisionand/or award may be confirmed and judgment entered thereupon in any court of competent jurisdictionsection 4 status quountil any decision shall have been reached none of the parties to such dispute the parties to thisagreement or the workers covered by this agreement involved in such dispute shall take any actionof any character as to the complaint statement or matter in disputesection 5 arbitrator expensesthe expenses and salary if any of the single arbitrator shall be equally shared by the parties tothe dispute11general contractors association laborers 20162026article vjurisdictional disputessection 1 no work stoppagewhere a jurisdictional dispute arises there shall be no stoppage of work by trades affiliatedwith the aflcio in the event of sue~ jurisdictional dispute the trade in possession of the workshall proceed with the job and the question in dispute shall be submitted by the disputing trades to theheavy construction industry jurisdictional panel for settlement of jurisdictional disputessection 2 heavy construction industry jurisdictional panelthe employers bound by this agreement recognize the jurisdictional claims of the laborers local731 the employers and the union agree that jurisdictional disputes on heavy construction projects shallbe addressed in the following manner(a) the first action to resolve a dispute will be a work site discussion among the involved parties thework site discussion should take place within 48 hours of the onset of the dispute if the work sitediscussion results in a resolution of the issue there shall be no further action taken by the involved parties(b) if work site discussions do not result in a satisfactory resolution of the issue any of the involvedparties (the employer local 731 or the union claiming local 731 s work may request a meeting with thegca to resolve the dispute all work shall continue and the assignment shall remain in place through theduration of the dispute and if necessary arbitration processthe request for the meeting must be filed in writing and must set forth the type of work beingperformed the location and the nature of claim the request must be sent to the employer the involvedunions and the gca notices of disputes must be filed within seven (7) calendar days of the incidentleading to the dispute immediately upon receipt of the dispute the gca will schedule a meeting with theparties(c) at the meeting the parties to the dispute shall be given full opportunity to present witnesses and/ordocuments supporting their position the gca will conduct the mediation to bring the dispute toresolution the resolution of the dispute shall be documented and signed by all participants (ie theunion the employer and the gca) the decision shall become a precedent for the assignment of futureworkif the mediation does not result in a satisfactory resolution or if the agreed upon decision is notimplemented within 72 hours after the parties have been notified of the mediation decision any partyinvolved in the dispute may request that the dispute be brought to arbitration12general contractors association laborers 20162026( d) the arbitration process will work in the following mannerthe arbitrator shall be selected from a list of five that will be selected by the gca and the gcassignatory unions the arbitrator chosen to hear a particular dispute shall be selected randomly from the listthe hearing shall be conducted in accordance with the procedures established by each arbitrator thearbitrators decision shall be final and binding upon the parties the costs of arbitration including thearbitrators fee shall be borne equally by the gca and the party bringing the dispute to arbitrationarticle viwork jurisdictionthis agreement shall apply to the employment of laborers ona excavation and foundation work for buildings in conjunctionwith all jurisdiction within this category and all otherc at e g o r i e s o f t h i s a g r e m e n t inside and outside property lines or firstconnection outside of the building penetration including but not limited to1 building operations below the curb line and below the building superstructure inconnection with excavation and foundation work for buildings2 all labor used in excavation of earth and rock in footings piers and other holes pitstrenches sewers (inside of buildings and the house connections in the street)3 grading and excavation of sidewalks4 all backfilling in connection with buildings5 the sealing of rock with concrete on piers footings pits and foundations6 all labor used in pouring sandblasting scarifying bush hammering dry packing andguniting of concrete prepack concrete pumpcrete colcrete or other similar processes forfootings piers piles pile caps7 retaining walls on foundations underpinning and work in connection therewith8 all laborers work in conjunction with vibroflotation9 the shoveling and packing of sand in sand piles10 the placing of concrete in all types of piles13general contractors association laborers 2016202611 all laborers work in connection with chemical soil solidification slurry walls bentonite mudmixing and all other methods of soil solidification12 all laborers work in connection with guniting and pouring of concrete prepackconcrete pumpcrete concrete and/or similar processes for all underground tunnels andconcrete cradles for sewers and all other utilities in building areas13 the application of epoxy for protection on all precast and poured concrete as well as forprotection from the elements14 surface preparation of caissons and related structures15a handling cleaning and fastening of all chutes pipes and elephant trunks used in the placingof concrete as well as setting up and cleaning of conveyor belts used in the placing ofconcrete15b assisting in the removal of and removing all wood steel and other forms forconcrete15c cleaning and oiling of all wood steel and other forms for concrete15 d concrete specialist work16 digging trenches for d11ct lines17 digging holes for fence posts and poles inside and outside of buildings18 breaking down of old foundation walls either with sledge hammer pick or iron bar andremoval of materials by loading truck or other means as well as other loading andunloading of materials19 tending of other trades20 distribution and handling of gasoline propane gas and other fuel for heaters etc aswell as handling and hooking up of all equipment used in connection therewith21 installing handling loading unloading placing hooking unhooking loweringinto ditch aligning leveling and jointing of corrugated pipe concre~e pipe14general contractors associationlaborers 20162026plastic pipe fiberglass pipe and other nonmetallic pipe liners cast iron pipesteel pipe ductile concrete lined pipe and trenchless pipe22 in connection with transportation lines all laborers work for the clearance of rightofway preparatory to the installation of the pipe line the demolition and removal offences the digging and trimming of trenches and ditches for pipe lines work ini connection with bending of pipe except the mechanical work involved laborers work inconnection with the distribution of pipe and skids and placing of said skids andpipe over the trench the cleaning scaling etc of the pipe all laborers work inconnection with the lineup crew the cleaning wrapping and doping of pipe beforelowering after the welding of joints has been made the cleaning wrapping and dopingof the pipe in all yards23 the work in connection with the lowering of the pipe and the removal of theskids24 the work in connection with the backfilling of trenches after the pipe has beenlaid25 all work in connection with the cleanup after the pipe has been laid and thetrenches backfilled26 demolition takeup and reconditioning of old pipe and pipelining of all kinds27 laborers work on barges and floating equipment and all other general andmiscellaneous laborers work in connection with the entire operation falling within thejurisdiction of local 73128a digging for sidewalks including that for lighting posts fence posts duct lines andprecast concrete boxes as well as the placing of precast concrete boxes28b loading unloading and placing of barricades and barriers when work is performedunder the jurisdiction of local 73129 laying of concrete plastic fiberglass and tile ducts15general contractors association laborers 2016202630 all digging and concreting for guardrails and similar31 signaling in connection with the handling of laborers materials32 coal passers33 carrying coal to steamoperated construction machinery34 pitmen on power shovels and cranes35 all hooking and unhooking of buckets boxes blasting mats chaining stone andsignaling in connection with hoisting of excavated material by cranes36 tending handling and cleaning of foot valves and sump pits3 7 all laborers work in connection with the handling of all hoses digging of holesboring for pipe lines sewer lines ducts utility lines and similar38 setting up jacks39 digging of pits for boring machines40 tending of other trades41 nipper carrying drills and hand tools to and from the blacksmiths42 grading of crushed stone43 servicing and placing of lanterns and light bombs44 flagmen excluding crossing guards and/or pedestrian traffic managers 245 fire watch46 signalmen on all construction sites and work defined herein including but notlimited to traffic control signalmen at construction sites47 distribution of tools from tool house warehouse storeroom or shanty48 the use and operation of paving breakers used in chipping and breaking of masonryconcrete and pavement on foundations and below curb level where reinforcing rodexists in concrete the use of the torch as a tool of the trade shall be utilized indemolition2 see special note 316general contractors association laborers 2016202649a the operating of mechanical concrete cutting saws hand drills and mechanical drills49b oxygun cutting of reinforced concrete steel cast iron and granite as well as otherrelated or incidental use of oxyguns in connection with laborers work50 use of laser beams in connection with laborers work51 the use of clay spades used in excavation of firm earth and hardpan52 in connection with the use of and operation of paving breakers used in chipping andbreaking of masonry concrete rock and pavement53 the use of pneumatic tampers all manual tampers power tampers vibratory rollerscontrolled by hand54 the use of pickup trucks for moving men to and from various job sites for moving outtools for picking up water and other pickup uses55 the operation of power buggies in carrying out work customarily done by laborersrepresented by local 73156 laborers work in yards in connection with the loading and hauling of laborers toolsand materials to and from jobs where laborers represented by local 731 areengaged in foundation work for buildings as well as other laborers work in yards57 laborers work in and on plants set up onjob sites58 removal of hazardous waste hazardous soil lead abatement and/or asbestosremoval in conjunction with the regular scope of work59 general cleanup at the job site on all work described in the above numbered itemsinclusive of but not limited to power washing vacuuming blowing andsandblasting whether manual electric or gaspowered exclusive of operator drivenmotor vehicles60 performance of any maintenance work pursuant to any contract with any governmentagency quasigovernment agency or entity to replace or reconstruct any or all workdescribed in the above numbered items17general contractors association laborers 2016202661 all precast concrete work of any kind excluding precast beams and hpiles this includesbut is not limited to precast boxes barriers railroad ties parking lot bumpers manholeselectric boxes catch basins duct banks/benches sound walls retaining walls bollardspark benches park tables and flower pots62 all grading digging and excavation on all work described in this section excludingthe operation of backhoes bobcats pay loaders and machines of a similar nature63 when scale house operations include work such as sweeping general cleaning of thearea and washing of trucks this work shall be performed by local 731 laborers64 the removal and treatment of mold65 when demolished or scrapped steel exclusive of beams and girders has beenstockpiled for an intermediate period of time for later removal and disposal theloading of the demolished or scrapped steel onto trucks or train cars shall be thework of local 73166 employees engaged in open cut and cover heavy construction excavation andbuilding foundation work construction and reconstruction of highways roads bridgessubways elevated railways tunnels underpasses overpasses and viaducts67 employees engaged in the blasting and demolition of engineered structures and buildingsuperstructures68 employees using pneumatic hydraulic electric and gaspowered tools including rivetbusters and helldogs for the purpose of chipping drilling or hydraulic rock splitting ofconcrete pavement masonry rock and other materials of similar nature69 employees covered by this agreement shall install tiebacks and tie downs drill holes forsoil solidification utilize air tracs and hydraulic trac drills when work is performedunder the jurisdiction of local 731 all other employees who are assigned work ontiebacks shall be standby personnel and cover only ancillary equipment and provideservice for that equipment18general contractors associationlaborers 2016202670 the gca recognizes that the tieback work described above is the exclusive work oflocal 731 employees as determined by the arbitration decision of local 29 v laquilaconstruction dated june 22 1995 appeal upheld may 24 1996b landscaping in connection with building projects inside and outsideproperty lines or first connection outside of the building penetration and all work in conjunctionwith all jurisdiction within this category and other categories of this agreement including but notlimited to1 excavating of and for pedestrian walks curbs and tree pits2 mixing distributing and placing of topsoil sod manure humus and fertilizer3 grading backfilling and raking of topsoil4 planting of trees shrubs flowers and other decorative plants as well as their cultivationand maintenance5 seeding6 tree topping tree moving tree removal tree pruning tree trimming and treeclimbing7 tending and operating aerial lift equipment grinding machines walk behind orstandon lawnmowers and stumping machines8 cleaning and slashing of brush and trees by hand or with mechanical cutting methodsaround power lines or power facilities along the rightofway on any construction sitealong streets and highways9 gardening1 oa loading and unloading of trees shrubs and all other materials connected with the workof landscaping from the truck to the site of the job1 ob in connection with watering of top soil sod manure humus fertilizer shrubsflowers other decorative plants trees tree pits brush roads walks curbs etc19general contractors associationlaborers 20162026the operation of hoses and other equipment connected with water tanks on trucksand similar11 preparing subgrade for landscaping work12 installing all pipes and tubing for drainage13 ball and burlapping of trees14 spreading of gravel and concreting wherever it may occur in connection withlandscaping15 digging tree wells installation of trees (planting fertilizing etc)16 digging for benches on public highways and parks17 rough grading around buildings18 grading for pedestrian walks19 excavating and grading for recreation areas20 removal of hazardous waste hazardous soil lead abatement and/or asbestos removalin conjunction with the regular scope of work21 general cleanup at the job site on all work described in the above numbered itemsinclusive of but not limited to power washing vacuuming blowing andsandblasting whether manual electric or gas powered exclusive of operator drivenmotor vehicles22 performance of any maintenance work pursuant to any contract with anygovernment agency quasigovernment agency or entity to replace or reconstructany or all work described in the above numbered items23 all precast concrete work of any kind excluding precast beams and hpiles this includesbut is not limited to precast boxes barriers railroad ties parking lot bumpers manholeselectric boxes catch basins duct banks/benches sound walls retaining walls bollardspark benches park tables and flower pots20general contractors association laborers 2016202624 all grading digging and excavation on all work described in this section excludingthe operation of backhoes bobcats pay loaders and machines of a similar nature25 when scale house operations include work such as sweeping general cleaning of thearea and washing of trucks this work shall be performed by local 731 laborers26 the removal and treatment of mold2 7 all laborers work associated with irrigation systems exclusive of valve manifolds28 when demolished or scrapped steel exclusive of beams and girders has beenstockpiled for an intermediate period oftime for later removal and disposal theloading of the demolished or scrapped steel onto trucks or train cars shall be thework of local 731c heavy construction and engineering work inside and outsideproperty lines or first connection outside of the building penetration and all work inconjunction with all jurisdiction within this category and all other categories of thisagreement including but not limited to1 track work2 digging for the removal of all rails tracks and ties as well as removal of all railscontact rails third rails tracks and ties and catwalks from any structure3 loading unloading stockpiling handling and distribution of all rails contact railsthird rails tracks ties tiein pockets and all other material in connection with trackwork4 placing of or jacking track and ties at points of installation5 placing aligning gauging grading and fastening of all rails contact rails and thirdrails6 operation of power spike pullers power spike drivers power track jacks tampingmachines and similar rail and track laying equipment21general contractors association laborers 201620267 spiking of all rails contact rails third rails tracks and ties including the weldingother fastening and other bonding of all running rails and tracks8 all grinding burning or otherwise cutting of track9 handling of tamping gunsi 0 cutting and drilling of all rail and track lining machinery11 rightofway clearance excavation grading subgrading ballasting and compacting ofrightofway12a setting of tie plates bolting leveling and gauging of all rails contact rails and thirdrails and spiking whether by hand or mechanical means12b the mixing pouring and placing of grout drypacking and concrete for all track relatedwork including but not limited to rails ties tracks plates and columns13 placing and tamping of ballast by hand or mechanical means14 construction and/or relocation of mainlines shoe flys siding grading crossing pipesdrainage and culverts connected with same as well as removal and replacing of all fences15 placing of riprap on sea wall and placing of all wood fiberglass plastic metal precast retaining walls and concrete and other cribbing whether in connection with trackhighways or anywhere else it may occur16 the placing and fabricating of gabion and similar type cages and filling inconjunction with all heavy and industrial construction such as slopes on highways andperimeters of tanks to be used as firewalls17 laborers on open cut and free air tunnels18 sewers19 sewage disposal plants marine transfer stations and all related cleanup tank workassociated with same20 sump pits22general contractors associationlaborers 2016202621 bridges22 parks23 elevated highways and ramps24 pedestrian walks25 subways25a all subway station work inclusive of stations whether elevated at or below gradeincluding but not limited to egress street level walkways pedestrian walksmezzanines passageways from one platform to another or from one station to anotheror from one track to another25b the application of all materials used to protect rails ties etc from rust erosion corrosionmold etc for nonbeautification purposes26 highways27 grade crossing eliminations28 docks decks piers runways over water ramps and loading platforms29 loading unloading piling carrying and handling of materials including lumbercleaning lumber30 loading unloading and placing of barricades and barriers when work is performedunder the jurisdiction of local 73131 grading32 all laborers work associated with underpinning33 cofferdams shafts the employment of top laborers on tunnels34 distribution and handling of gasoline propane gas and other fuel for heaters etc aswell as handling and hooking up all equipment used in connection therewith35 work not requiring skill and knowledge of a trade36 carrying explosives37 carrying reinforcing steel23general contractors association laborers 2016202638 tending handling and cleaning of foot valves and sump pits39 all laborers work in connection with the handling of all hoses40 digging of holes41 carrying fuel to machinery42 mixing placing sandblasting scarifying bush hammering dry packing guniting andhandling concrete pumpcrete prepack concrete colcrete or other similar processes andcement including same for footings piers transformers and other holes pitstrenches piles pile caps retaining walls underpinning as well as all work inconnection therewith when finishing tools are not required43 the application of materials regardless of type of material and method of applicationfor protection from the elements for all precast and poured concrete44 surface preparation of caissons and related structures45 all laborers work in conjunction with vibroflotation46 the shoveling and packing of sand in smd piles4 7 the placing and pouring of concrete in all types of piles48 all concreting in sewers sewage disposal plants marine transfer stations bridgessubways whether elevated at or below grade including but not limited to egressstreet level walkways mezzanines passageways from one platform to another or fromone station to another or from one track to another grade crossing eliminationscofferdams shafts catch basins and dry wells substations all utility encasementsramps elevated highways retaining walls and slurry walls49a all concrete work (including concrete specialist work if needed) as described aboveand in addition the hooking on signaling and dumping of concrete for tremie workover water on caissons pilings abutments etc49b setting up and removal of scaffolds in connection with laborers work24general contractors associationlaborers 2016202650 removal of and handling cleaning and fastening of all chutes pipes concrete bucketsand elephant trunks used in placing of concrete as well as setting up and cleaning ofconveyor belts used in the placing of concrete51a assisting in the removal of and removing of all wood steel and other forms forconcrete51 b cleaning and oiling of all wood steel and other forms for concrete51c when demolished or scrapped steel exclusive of beams and girders has been stockpiledfor an intermediate period of time for later removal and disposal the loading of thedemolished or scrapped steel only trucks or train cars shall be the work of local 73152 the pouring and guniting of concrete pumpcrete prepack concrete colecrete drypackor other similar processes whether done by hand or any other process includingpouring and guniting of same for all precast and prestressed concrete such as pilesbeams boxes and columns53 all laborers work in connection with chemical soil solidification slurry walls concretecribbing precast retaining walls bentonite mud mixing and all other methods of soilsolidification54 the handling placing of all types of grout for post tension cables on bridges piersrunways and other engineered construction55 grouting of all equipment including all types of grouting material56 the placing and spreading of gilsilate and other insulating materials57 carrying drills hand tools and waterproofing materials58 installing handling loading unloading placing hooking unhooking lowering intoditch aligning leveling and jointing of corrugated pipe concrete pipe plastic pipefiberglass pipe other nonmetallic pipe cast iron pipe steel pipe ductile concrete linedpipe and trenchless pipe25general contractors associationlaborers 2016202659 in connection with transportation lines all laborers work for the clearance of rightofway preparatory to the installation of the pipe line the demolition and removal offences the digging and trimming of trenches and ditches for pipe lines work inconnection with the bending of pipe except the mechanical work involved laborerswork in connection with the distribution of pipe and skids and placing of said skidsand pipe over the trench60 the cleaning scaling etc of the pipe61 all laborers work in connection with the lineup crew the cleaning wrapping anddoping of pipe before lowering after the welding of joints has been made the cleaningrapping and doping of the pipe in all yards the work in connection with the loweringof the pipe and the removal of the skids in connection with the backfilling of trenchesafter the pipe has been laid all work in connection with cleanup after the pipe has beenlaid and trenches backfilled demolition takeup and reconditioning of old pipe andpipelining of all kinds62 laborers work involved in refrigeration plants as well as in manufacturing andhandling of ice to cool concrete63 laborers work on barges and floating equipment and all other general and miscellaneouslaborers work in connection with the entire operation falling within thejurisdiction of local 73164a wrapping doping coating and treating of all pipe whether hot or cold nonmechanical64b the fusing and joining of all plastic pipes65 the handling of all steel plates66 tending of other trades67 placing of gravel or broken stone whenever or wherever necessary68 grading of crushed stone for playground areas and walks26general contractors associationlaborers 2016202669 all concrete work on playgrounds to include curbs retaining walls handball courtsswimming pools and wading pools concrete cribbing and precast retaining walls70 all spading chipping and breaking on foundations71a in connection with the use of and operation of paving breakers used in chipping andbreaking of masonry concrete rock and pavement71 b oxygun cutting of reinforced concrete steel cast iron and granite as well as otherrelated or incidental use of oxyguns in connection with laborers work71 c use of laser beams in connection with laborers work72 the use of clay spades used in the excavation of firm earth or hardpan and the use ofpneumatic tampers73 all manual tampers74 power tampers and vibratory rollers controlled by hand75 the use of pickup trucks and/or vans for moving men to and from various job sitesfor moving out tools for picking up water and other pickup uses76 signaling in connection with the handling of laborers materials77 all hooking and unhooking of buckets boxes blasting mats chaining stone andsignaling in connection with hoisting of excavated material by cranes78 all chaining of rock and other material handled by the laborers79 all digging concreting demolition (including the use of a torch for burning wherereinforcing rod exists) and removal of existing and old concrete old pipes not to bereused removal of concrete slabs and other laborers duties on and for elevated highwayspedestrian walks docks decks bridges ramps runways over water guard rails barricadespumping stations pollution plants and other engineered structures80 excavating digging for sidewalks including that for lighting posts fence posts duct linesincluding placing of precast concrete boxes81 laying of concrete and tile ducts27general contractors associationlaborers 2016202682 placing precast ducts and telephone or other ducts in subways streets shafts andhighways83 shafts84 trimming leveling ditching by hand in connection with power shovels cranes etc85 pitmen on power shovels86 the operating of power buggies8 7 the operating of mechanical concrete cutting saws hand drills core drilling andmechanical drills8 8 servicing and placing of lanterns and light bombs89 flagperson firewatchers signal person on all construction sites and work defined hereinincluding by not limited to traffic control signalpersons at construction sites crossingguards and/or pedestrian traffic managers are excluded390 distribution of tools from warehouse toolhouse storeroom or shanty as customarily doneand in connection with the loading and hauling of laborers tools and materials to andfrom jobs where laborers represented by local 731 are engaged in heavy construction orengineering work as was well as other laborers work91 laborers work in and on plants set up on job sites92 laborers work on all concrete onsite plants on job sites93 removal of hazardous waste hazardous soil lead abatement and/or asbestos removal inconjunction with the regular scope of work94 general cleanup at the job site on all work described in the above numbered itemsinclusive of but not limited to power washing vacuuming blowing and sandblastingwhether manual electric or gaspowered exclusive of operator driven motor vehicles3 see special note 328general contractors association laborers 2016202695 performance of any maintenance work pursuant to any contract with any governmentagency quasigovernment agency or entity to replace or reconstruct any or all workdescribed in the above numbered items96 all precast concrete work of any kind excluding precast beams and hpiles this includesbut is not limited to precast boxes barriers railroad ties parking lot bumpers manholeselectric boxes catch basins duct banks/benches sound walls retaining walls bollardspark benches park tables and flower pots97 all grading digging and excavation on all work described in this section excludingthe operation of backhoes bobcats pay loaders and machines of a similar nature98 when scale house operations include work such as sweeping general cleaning of thearea and washing of trucks this work shall be performed by local 731 laborers99 the removal and treatment of mold100 employees engaged in open cut and cover heavy construction excavation andbuilding foundation work construction and reconstruction of highways roads bridgessubways elevated railways tunnels underpasses overpasses and viaducts101 employees engaged in the blasting and demolition of engineered structures and buildingsuperstructures102 employees using pneumatic hydraulic electric and gaspowered tools including rivetbusters and helldogs for the purpose of chipping drilling or hydraulic rock splitting ofconcrete pavement masonry rock and other materials of similar nature103 employees covered by this agreement shall install tiebacks and tie downs drill holes forsoil solidification utilize air tracs and hydraulic trac drills when work is performedunder the jurisdiction of local 731 all other employees who are assigned work ontiebacks shall be standby personnel and cover only ancillary equipment and provideservice for that equipment29general contractors associationlaborers 20162026104 the gca recognizes that the tieback work described above is the exclusive work oflocal 731 employees as determined by the arbitration decision of local 29 v laquilaconstruction dated june 22 1995 appeal upheld may 24 1996d landscaping in connection with heavy construction andengineering work and all work in conjunction with all jurisdiction within thiscategory and all other categories of this agreement inside and outside property lines or firstconnection outside of the building penetration including but not limited to1 excavating of and for pedestrian walks curbs and tree pits2 mixing distributing and placing of topsoil sod manure humus and fertilizer3 grading backfilling and raking of topsoil4 planting of shrubs flowers and other decorative plants as well as their cultivation andmaintenance5 seeding6 tree topping7 tree moving8 tree removal9 tree pruning10 tree trimming and tree climbing11 tending and operating aerial lift equipment grinding machines walk behind orstandon lawnmowers and stumping machines12 cleaning and slashing of brush and trees by hand or with mechanical cutting methodsaround power lines or power facilities along the rightofway on any construction sitealong streets and highways13 gardening14a loading and unloading of trees shrubs and all other materials connected with the workof landscaping from the truck to the site of the job30general contractors association laborers 2016202614b in connection with watering of top soil sod manure humus fertilizer shrubsflowers other decorative plants trees pits brush roads walks curbs etc theoperation of hoses and other equipment connected with water tanks on trucks andsimilar15 preparing subgrade for landscaping work16 installing of all pipes and tubing for drainage17 ball and burlapping of trees i18 spreading of gravel and concreting wherever it may occur in connection withlandscaping19 digging tree wells installation of trees (planting fertilizing etc)20 digging for benches on public highways and parks21 rough grading around buildings22 grading for pedestrian walks23 excavating and grading for recreation areas24 removal of hazardous waste hazardous soil lead abatement and/or asbestos removalin conjunction with the regular scope of work25 general cleanup at the job site on all work described in the above numbered itemsinclusive of but not limited to power washing vacuuming blowing and sandblastingwhether manual electric or gas powered exclusive of operation driven motor vehicles26 performance of any maintenance work pursuant to any contract with any governmentagency quasigovernment agency or entity to replace or reconstruct any or all workdescribed in the above numbered items27 all precast concrete work of any kind excluding precast beams and hpiles this includesbut is not limited to precast boxes barriers railroad ties parking lot bumpers manholeselectric boxes catch basins duct banks/benches sound walls retaining walls bollardspark benches park tables and flower pots31general contractors association laborers 2016202628 all grading digging and excavation on all work described in this section excluding theoperation of backhoes bobcats pay loaders and machines of a similar nature29 when a scale house operation include work such as sweeping general cleaning of the areaand washing of trucks this work shall be performed by local 731 laborers30 the removal and treatment of mold31 all laborers work associated with irrigation systems exclusive of valve manifolds32 when demolished or scrapped steel exclusive of beams and girders has beenstockpiled for an intermediate period of time for later removal and disposal theloading of the demolished or scrapped steel onto trucks or train cars shall be thework of local 731section 1 hours of workarticle viiwages and conditionseight (8) continuous hours excluding lunch shall constitute a days work any failure to workthese hours gives the employer the right to pay only for hours actually worked where laborers arerequired to prepare for hazardous materials work prior to the start of their shift and to remove suchspecialized clothing and/or equipment after their shift the employer shall pay the laborers overtime forsuch periods of preparation the employer may also direct that the preparation be performed as part oftheir regular shift the employer will also provide such laborers with adequate wash up time prior totheir lunch break and quitting timesection 2 shifts(a) a single shift shall be the continuous eight and onehalf (8 1/2) hours including onehalf (1/2) hour for mealtime on unscheduled overtime work any laborer workingover eleven (11) hours shall be entitled to an additional one half (1/2) hour mealperiod(b) when two (2) shifts are employed the work period for each shift shall be a continuouseight and onehalf (8 1/2) hours including onehalf (1/2) hour for mealtime( c) when two (2) or more shifts are employed single time shall be paid for each shift(d) when three (3) shifts are found necessary each shift shall work seven and onehalf (732general contractors association laborers 201620261/2) hours but shall be paid for eight (8) hours of labor and be permitted one half (1/2hours) for mealtime( e) varying shifton any monday through friday inclusive the employer can vary the shiftcommencement of any single or two or three shifts by two (2) hours before or afternormal shift commencement in onehalf (1/2) hour increments for any employeeand/or group of employees on any shift day and all work performed during saidvaried shift shall be paid for at the straight time rate in conformity with the termscontained in the agreement when tide work is involved the shift timecommencement may vary in accordance with the shift times of the other trades(f) varying lunchthe employer can vary the commencement of the normal lunch period one (1) hourbefore or after same for any employee and/or group of employees on any day and allwork performed during said varied lunch period shall be paid for at the single time rate inconformity with the terms contained in this agreementsection 3 overtime & holidaysovertime definedon scheduled overtime including weekends overtime shall first be offered to the crew whonormally works at that jobsite with the exception of specialty work upon refusal of said overtimethe contractor may bring in laborers from another jobsite(a) time and onehalf shall be paid for all work in excess of the regular eight (8)hours in a 24hour period day eg on single shift jobs all work performed before orafter the regular eight (8) hour day starting at 800am except as to subdivision (e) ofsection 2 of this article vii shall be paid for at the time and onehalf rate the firsteight (8) hours of any and all work performed monday through friday inclusive on anyoffshift shall be at the single time rate in conformity with the terms contained in thisagreement(b) time and onehalf will be paid for any work performed on saturdays except thatwhen saturday is also a holiday to be observed as provided for in sub provision (e) ofthis section 3 double time therefore shall be paid33general contractors associationlaborers 20162026(c) double time shall be paid for any work performed on sundays and the legal holidaysto be observed as provided in subprovision (e) of this section 3 regardless of the dayon which the holiday falls( d) except as provided in sub provision ( e) of section 2 and sub provisions (b) and ( c) ofthis section 3 the work period shall start at 800am monday and end at 800am onsaturday eg(i) on three (3) shift jobs the last shift shall work its final regular shift frommidnight friday to 800 am saturday for regular single time pay(ii) time and onehalf pay shall be paid for each of the three (3) shifts between 800am saturday and 800 am sunday(iii) double time shall be paid for each of the three (3) shifts between 800am ofthe holiday and 800am of the following morning and between 800amsunday and 800am monday( e) holidaysholidays to be observed as such are as followsnew years daymemorial dayindependence daylabor day*columbus daythanksgiving day*christmas day*labor day and thanksgiving day shall be paid holidays all employeescovered by this agreement shall receive eight (8) hours pay at the single time wagerate excluding benefits for such eight (8) hours employees must work at least one (1)day in the calendar week in which the holiday occurs in order to be paid for saidholidayif the employee works on any of the observed holidays they shall receive thedouble time rate in wages with straight time benefitsall holidays which fall on saturday will not be observed on the precedingfriday holidays falling on sunday shall be observed on the following monday inaccordance with state and federal law34general contractors associationlaborers 20162026(f) martin luther kings birthday presidents day election day veterans dayand the day after thanksgiving single time if worked but will not be paid if thelaborer does not work(g) memorial day shall be observed on the last monday of may columbus day shall beobserved on the second monday in october(h) executive board and board of auditors meetingsmembers of the executive board and/or board of auditors of the union shall be excusedfrom work by the employer and are to be paid only for hours worked in that dayinclusive of foreman when required for union related meetings not to exceed one (1)meeting per month the union shall provide notice to all members of these boards ofsuch meetings far enough in advance to provide sufficient notice to the employer(i) physical examinationsdue to new state and federal regulations related to specialized physical examinationsnow required as a result of work related to the removal and handling of toxic andhazardous materials both parties recognize the need for a labor/management committeeto address these concerns specifically the parties have agreed that thelabor/management committee shall discuss the additional costs related to specializedexaminations mandated by law the parties are committed to amend this agreement inaccordance with these objectives upon mutual agreementsection 4 wagesall wages payable under this agreement shall become due and be paid on the job once eachweek if for any reason the employer terminates the services of an employee working under thisagreement then the accrued wages of the employee shall be paid to him at the time of termination ofemployment otherwise waiting time shall be charged for accrued wagesif the employee shall of his own volition leave the services of his employer then theemployer may retain his wages until the next regular payday employees shall be entitled to waitingtime if not paid on regular paydays within working hours(a) the rate of wages to be paid per hour to employees other than foremen shall be asfollows35general contractors association laborers 20162026laborer chipper/jackhammer powder carrier hydraulic chucktender (as needed) chuck tender and nipper (as needed)effective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24wage $4150 $4200 $4265 $250 $230 $230fringe benefits $4053 $4253 $4438subtotal $8203 $8453 $8703 $8953 $9203 $9433 $9663 $9893hcif $030 $030hydraulic trac drilleffective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24wage $4129 $4935 $5000 $250 $230 $230fringe benefits $4809 $4253 $4438subtotal $8938 $9188 $9438 $9688 $9938 $10168 $10398 $10628hcif $030 $030wagon air track drilleffective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24wage $4046 $4852 $4917 $250 $230 $230fringe benefits $4809 $4253 $4438subtotal $8855 $9105 $9355 $9605 $9855 $10085 $10315 $10545hcif $030 $030blaster (with or without hydraulic drill)effective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24wage $4715 $5521 $5586 $250 $230 $230fringe benefits $4809 $4253 $4438subtotal $9524 $9774 $10024 $10274 $10524 $10754 $10984 $11214hcif $030 $030utility laborereffective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24wage $4135 $4185 $4250 $250 $230 $230fringe benefits $4053 $4253 $4438subtotal $8188 $8438 $8688 $8938 $9188 $9418 $9648 $9878hcif $030 $030apprentice (0 1000 hours) magazine keepereffective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24wage $2075 $2100 $2133tbd tbd tbdfringe benefits $4053 $4253 $4438subtotal $6128 $6353 $6571 tbd tbdhcif $030 $0303607/01/25$230$10123$03007/01/25$230$10858$03007/01/25$230$10775$03007/01/25$230$11444$03007/01/25$230$10108$03007/01/25tbdtbd$030general contractors associationlaborers 20162026apprentice (1001 2000 hours)effective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24 07/01/25wage $2490 $2520 $2559 tbd tbdfringe benefits $4053 $4253 $4438subtotal $6543 $6773 $6997 tbd tbdhcif $030 $030apprentice (2001 3000 hours)effective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24 07/01/25wage $3113 $3150 $3199$4253tbd tbd tbdfringe benefits $4053 $4438subtotal $7166 $7403 $7637 tbd tbdhcif $030 $030apprentice (3001 4000 hours)effective date 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24 07/01/25wage $3735 $3780 $3839 tbd tbdfringe benefits $4053 $4253 $4438subtotal $7788 $8033 $8277 tbd tbdhcif $030 $030*see special note 2(i) each wagon drill air trac hydraulic drill and quarry bar machine will bemanned by a drillrunner(ii) the hydraulic chuck tender chuck tender and nipper will be employed on an asneeded basis at the discretion of the employer a qualified apprentice can performthe duties of the tender or nipper when employed the chuck tender will at alltimes be productive and may perform other duties falling under the jurisdiction oflocal 731(iii) a qualified apprentice can perform the duties of the magazine keeper(iv) blasting any drilling to be used for the purpose of blasting shall have a blasteron the job(v) blasted rock on a single or multishift excavation job where there is a piece ofequipment working on the initial removal of blasted rock a blaster or powdercarrier at the employers designation must be on the job site(vi) if new or modified rotary percussion drilling equipment is to be utilized on aproject the gca and local 731 are to be advised on the proposed use of saidmachinery and equipment by the employer and the employer will discuss the37general contractors association laborers 20162026manning of same with local 731 and the gca before they designate andassigns employees to operate that piece of equipment(b) no work shall be performed on any of the holidays referred to in subprovision (e) ofsection 3 of this agreement unless paid for at the established double time rates forholidays(c) when a laborer (a) reports on a job after having been requested to do so by theemployer or (b) when a laborer already working on a job reports for work at hiscustomary starting time then in either of such cases if such laborer is not employedafter so reporting on a particular day the employer shall pay such laborer two (2)hours wages for so reporting however the number of laborers to be paid two (2)hours wages for so reporting shall not exceed the number of laborers requested toreport on the job by the employerhowever when the employers failure to provide work is due to bad weather or otherconditions beyond the control of the employer then such laborer shall not be entitled tosuch payment of wages for so reporting whenever a laborer is paid two (2) hours for soreporting he must remain on the job for two (2) hours unless sooner released by theemployersection 41 payment of wages by checknotwithstanding anything herein to the contrary employers shall make weekly payments ofwages by check provided(a) all legal requirements are complied with(b) delivery of checks to laborers shall be at least one day preceding a banking day and ca satisfactory surety bond or cash alternative in accordance with the provisions ofarticle viii section 8 has been furnished to laborers local no 731 by the employerunless exempt pursuant to the fifth paragraph of article viii section 8(a)(d) check stubs must bear the name of the employer the employers address the name ofthe employee and employees id number date of the check the number of hours workedthe wage rate the period for which the wages are being paid yeartodate gross wagesand weekly and yeartodate deductions withholdings and net wages at the unionswritten request social security numbers shall be provided by the employer to the unionin the event that a salary check is not honored by the bank on which drawn for any reasonwhatsoever then the laborers affected thereby shall be entitled to two (2) hours pay plus theemployer shall pay all associated bank charges incurred because of inconvenience38general contractors associationlaborers 20162026section 5 conditions(a) shovels tools boots and other implements necessary to perform any kind oflaborincluding protective gear and equipment for handling hazardous materials must befurnished by the employer a suitable exclusive place with heat and electricity wherefeasible wherein workmen may change their clothes shall be provided by the employerupon commencement of line item contract work and will be of suitablesize commensurate with the number of workers on the job site(b) in case personal belongings of any worker shall be lost through fire or theft theemployer shall compensate each such worker for his loss but such liability shall belimited to a sum not to exceed two hundred and fifty dollars ($25000) for eachindividual evidence of theft must be presented before this provision becomeseffective(c) all wages payable under this agreement shall become due and be paid on the jobevery week at no time shall weekly wages be held back more than three (3) days afterthe last day of the workweek said wages shall be paid at the employers option either(a) in cash in envelopes on the outside of which shall be plainly marked theemployers name the workers name his social security number the hours workedand the amount of money enclosed or (b) by check as per section 41 of this articleany deduction from wages now or hereafter required by law shall also be marked on theface of said pay envelopes if workers are not paid as specified above double time shallbe paid for the two (2) hours of the regular weekly payday immediately succeeding theregular quitting time of said day and straight time for working time thereafter until paidnot exceeding fourteen (14) hours provided however that the workers report to andremain on the job during the said fourteen (14) hours(d) the contractor shall comply with all federal state and local government laws and allregulations of public utilities concerning safety health and fire protectionsection 6 drug and alcohol testing clausethe employer and union agree that if required by either the employer or by the employerscontract with any city state federal and/or quasipublic agency and/or public utility (owner) theemployees covered by this agreement shall be tested for drugs and/or alcohol abuse and theemployees shall comply to the extent required the employer shall pay for the cost of the testingprogram39general contractors associationlaborers 20162026the parties to this agreement have established a department of transportation (dot) approvedrandom drug testing program administered by a certified independent service the program is in fullcompliance with all department of transportation regulations covering members ofthe union and their employers obligations under said regulations the parties further agree that as apart of this program a traveling collection facility will be available to be utilized by employerswhose employees are required to be testedif the employers contract with the owner requires a more comprehensive drug testingprogram than provided for in the dot regulations the owners requirements shall applysection 7 use of intoxicant or illegal drugthe use of any intoxicant or illegal drug shall result in immediate dismissal of the employee(s)involvedsection 8 waiver of paid sick leavelocal 731 waives any right or entitlement for paid sick leave that may be provided by anycity state or federal law or regulationsection 9 paid family leavepursuant to new york states paid family leave act benefits provided under the act shallbe paid for by deductions from the employees wages in an amount determined by theadministrator of the benefitarticle viiisection 1 welfare fundfor the benefit of the excavators union local 731 welfare fund (hereinafter called thewelfare fund) the employee beneficiaries thereof and the eligible dependents of said employeebeneficiaries each of the employers shall pay monthly to the welfare fund the sums equal to theaggregate ofeffective 01lq1l16 07lqll17 07lqll18 07lqll19 07lqll20 01lqll2l 07lqll22 07lqll23 07/0ll24 07l0ll25datehourly $1733 $1873 $2013 $2148 tbd tbd* see special note 2for each hour worked by all building concrete excavating and common laborers and by allforemen of laborers employed by each of the employers in the territorial jurisdiction of local 731the foregoing payments shall be based upon hours worked not on a premium portion of time and one40general contractors associationlaborers 20162026half or double time rate of pay all such payments shall be made within thirty (30) days after theconclusion of the month in which such hours were workedthe welfare fund shall pay or provide for the payment of premiums on such policies of grouplife insurance of group accidental death and dismemberment insurance of group accident and healthdisability benefit insurance of group medical dental drug surgical hospital and similar care expensesand/or benefits and also pay or provide for supplemental unemployment disability retirement deathand/or other supplemental benefits as well as such other welfare benefits as the trustees of said welfarefund in their discretion may determine to provide (i) for such eligible laborers their eligible spousesand/or other eligible dependents as determined by said trustees and (ii) for such eligible retired buildingconcrete excavating and/or common laborers receiving benefits from the excavators union local 731pension fund their eligible spouses and/or other eligible dependents as determined by said trusteessuch welfare fund shall provide the insurance necessary to qualify the welfare fund with anapproved plan of insurance coverage to comply with the new york state disability insurance lawfor all apprentices laborers and foremen referred to in the first paragraph of this article viii nopayroll deductions permitted under the disability benefit law are to be made by the employers fromthe pay of any such laborers or foremen the welfare fund shall pay all amounts required to be paid asand for the employer and employee contributions in compliance with the said disability benefit lawthe welfare fund shall continue to be administered by trustees onehalf (1/2) of whom shallbe designated by local 731 and the other onehalf (1/2) of whom shall be designated by the gcaeach of the employers shall comply with and abide by all rules regulations conditionsprovisions and bylaws made established and promulgated by said trustees for the administration ofsaid welfare fund every present and future salaried regular employee of local 731 the welfarefund the excavators union local 731 pension fund the excavators union local 731 annuity fundand the liuna local 731 training fund other than those of said employees who are members ofanother union and participate in a welfare plan set up for the members of said other union mayparticipate in the benefits provided herein for employees of the employers for whose benefit theaforementioned contributions are made to the welfare fund provided that contributions at the rateshereinbefore stated are made to the welfare fund for or on behalf of said employees of local 731 thewelfare fund the excavators union local 731 pension fund the excavators union local 731annuity fund and the liuna local 731 training fund by the respective employers of said employeeson the same basis as outlined in the first paragraph of this section 1 of article viii in order to providefor participation in the programs provided by the new york state laborers and employers health andsafety trust an additional five cents ($005) per hour for each hour worked shall be paid as part ofthe employers contribution to the excavators union local 731 welfare fund this amount is includedin the welfare fund contribution listed in section 1 of article viii41general contractors associationlaborers 20162026employees who are not working may draw three (3) times per year from the supplementalunemployment fund if they are not workingsection 2 pension fundfor the benefit of the excavators union local 731 pension fund (hereinafter called thepension fund) the employee beneficiaries thereof and the eligible dependents of said employeebeneficiaries each of the employers shall also pay monthly to the pension fund the sums equal to theaggregate ofeffective 07 l0l/lfi q7lqll17 07l01ll8 07l0ll19 07l0ll2q q7l01l~l 07l0ll22 07l01l23 07l01l24 q7lqll25 datehourly $1420 $1320 tbd tbd* see special note 2for each hour worked by all building concrete excavating and common laborers and by allforemen of laborers employed by each of the employers in the territorial jurisdiction of local 731the foregoing payments shall be based upon hours worked not on a premium portion of time andone half or doubletime rate of pay all such payments shall be made within thirty (30) days afterthe conclusion of the month in which such hours were workedthe pension fund shall continue to be administered by trustees onehalf ( 1 /2) of whom shall bedesignated by local 731 and the other onehalf (1/2) of whom shall be designated by the gcaeach of the employers shall comply with and abide by all rules regulations conditionsprovisions and bylaws made established and promulgated by said trustees for the administration ofsaid pension fundevery present and future salaried regular employee of local 731 the welfare fund the pensionfund the excavators union local 731 annuity fund and the liuna local 731 training fund otherthan those of said employees who are members of another union and participate in a pension plan set iup for the members of said other union may participate in the benefits provided herein for employeesof each of the employers for whose benefit the aforementioned contributions are made to the pensionfund provided that contributions at the rates hereinbefore stated are made to the pension fund for or onbehalf of said employees of local 731 the welfare fund the pension fund the excavators unionlocal 731 annuity fund and the liuna local 731 training fund by the respective employers ofsaid employees on the same basis outlined in the first paragraph of this section 2 of article viii42general contractors association laborers 20162026section 3 annuity fundfor the benefit of the excavators union local 731 annuity fund (hereinafter called theannuity fund) the employee beneficiaries thereof and the eligible dependents of said employeebeneficiaries each of the employers shall also pay monthly to the annuity fund the sums equal to theaggregate ofeffective q7 filll16 07l01ll2 q7l0ll18 07l01l19 q1lq1l2q 07l01/2l 07lqll22 07l0l23 07l01l24 07l01l2~ datehourly $650 $700 $850 $900 tbd tbd* see special note 2for each hour work~d by all building concrete excavating and common laborers and by allforemen of laborers employed by each of the employers in the territorial jurisdiction of local 731 theforegoing payments shall be based upon hours worked not on the premium portion of time and onehalf or double time rate of pay all such payments shall be made within thirty (30) days after theconclusion of the month in which such hours were workedthe annuity fund shall be administered by trustees onehalf (1/2) of whom shall bedesignated by local 731 and the other onehalf (112) of whom shall be designated by the gca each ofthe employers shall comply with and abide by all rules regulations conditions provisions and bylawsmade established and promulgated by said trustees for the administration of said annuity fund everypresent and future salaried regular employee of local 731 other than those of said employees who aremembers of another union and participate in an annuity plan set up for the members of said other unionmay participate in the benefits provided herein for employees of the employers for whose benefits theaforementioned contributions are made to the annuity fund provided that contributions at the rateshereinbefore stated are made to the annuity fund for or on behalf of said employees of local 731 bylocal 731 on the same basis outlined in the first paragraph of this section 3 of this article viiisection 4 liuna local 731 training fundfor the benefit of the liuna local 731 training fund (hereinafter called the trainingfund) the employee beneficiaries thereof and the eligible dependents of said employeebeneficiaries each of the employers shall also pay monthly to the training fund the sums equal tothe aggregate ofeffective 07 l0lllfi q7l0tl17 q7lqll18 07l0u19 07l01l20 07lqll2l 07l01l22 q2lqll23 07l01l24 07l01l25 datehourly $050 $060 $070 tbd tbd* see special note 243general contractors associationlaborers 20162026for each hour worked by all building concrete excavating and common laborers and by allforemen of laborers employed by each of the employers in the territorial jurisdiction of local 731 theforegoing payments shall be based upon hours worked not on premium portion of time and onehalf ordouble time rate of payall such payments shall be made within thirty (30) days after the conclusion of the month inwhich such hours were workedthe training fund shall be administered by four trustees two of whom shall be designated bylocal 731 and the other two of whom shall be designated by the gcaeach of the employers shall comply with and abide by all rules regulations conditionsprovisions and bylaws made established and promulgated by said trustees for the administration ofsaid training fundevery present and future salaried regular employee of local 731 the welfare fund the pensionfund the annuity fund and the training fund may participate in the benefits provided herein foremployees of each of the employers for whose benefit the aforementioned contributions are made to thetraining fund provided that contributions at the rates hereinbefore stated are made to the trainingfund for or on behalf of said employees of local 731 the welfare fund the pension fund the annuityfund and the training fund by the respective employers of said employees on the same basis outlinedin the first paragraph of this section 4 of article viiithe training fund shall also train apprentices employed by contributing employersany apprentice hired shall work as a productive member of the crewsection s(a) union membership supplemental dueseach of the employers shall also deduct weekly from the gross wages of each member oflocal 731 employed by his employer in the territorial jurisdiction of local 731 the followingsumseffective 07l01l16 07l0111z q7lqll18 07/01/19 q7l0ll20 07lq1121 07l0ll22 0zlql23 07l01l24 q7l0ll25 datehourly $120 $135 tbd tbd* see special note 2for each hour worked during said periods by each such member who has executed anauthorization permitting allowing or authorizing such deduction for or on account of supplementalmembership dues due or to become due from such member to local 731 the foregoing paymentsshall be based upon hours worked not on premium portion of time and onehalf or double time rate ofpay44general contractors associationlaborers 20162026within thirty (30) days after the conclusion of the month in which such hours are worked by eachsuch local 731 member each of the employers shall pay to local 731 the aggregate of all suchamounts deducted during such concluded month from the wages of each such member of local 731each such monthly payment shall be made by each of the employers to local 731 at the same timethat payment is made by each of the employers to excavators union local 731 welfare fundexcavators union local 731 pension fund excavators union local 731 annuity fund and theliuna local 731 training fund of the amounts required to be paid to each of said funds pursuant tothe provisions contained in the first paragraphs of sections 123 and 4 of this article viii noobligation or responsibility of any kind is assumed by the welfare fund the pension fund theannuity fund or the training fund for the collection of said amounts the only obligation of thewelfare fund pension fund annuity fund and the training fund with respect to the remittancesrequired to be sent or sent by each of the employers to local 731 by remittance(s) payable to local731 as aforementioned is limited to the fund(s) receiving same sending or delivering to local 731not less frequently than quarter annually all such remittances actually received by the welfare fundpension fund annuity fund and/or the training fund less the costs to said fund(s) of administrationwith respect to the collection of said amounts so deducted during such concluded month from thewages of each such member of local 731 the bookkeeping accounting and forwarding or delivery ofsaid remittances to local 731 as well as the setting up of the machinery and procedures relating tosuch collection and remittance local 731 agrees to indemnify and to hold harmless the employerfrom any and all claims actions and/or proceedings arising out of said dues checkoff except thosearising from the failure or refusal of the employer to duly pay to local 731 as hereinbefore providedany and all amounts deducted from the wages of each of the local 731 members referred to in the firstsentence of this section 5(a) as provided in the third and fourth sentences of this section 5(a)section 5(b) political action committeethe employer agrees to deduct and transmit to the new york laborers political actioncommittee the following sumseffective 07 llll16 07llll17 07l01lb 07l01ll2 07 /0ll2l 07l01/2l 07l01122 l7 l01l23 07l01/24 0zl01l25 datehourly $010 tbd tbd* see special note 2for each hour worked from the wages of those employees who have voluntarily authorized suchcontributions on the authorization forms provided for that purpose by the union these transmittalsshall be made within thirty (30) days after the conclusion of the month in which said hours are workedthe employer shall list the names of the employees for whom such deductions have been made and45general contractors association laborers 20162026the amount deducted for each such employee in the employers monthly report showing welfare fundcontributions pension fund contributions annuity fund contributions training fund contributionsdues check off etc local 731 agrees to indemnify and to hold harmless the employer from any andall claims actions and/or proceedings arising out of said deductions for contributions to the new yorklaborers political action committee except those arising from the failure or refusal of the employerto duly pay to the new york laborers political action committee as hereinbefore provided any andall amounts deducted from the wages of each such authorizing employee referred to in the firstsentence of this section 5b as provided in the second sentence of this section 5bsection 5(c) duties of employer to funds with respect to new hiresthe employer will as part of his monthly reporting procedures add the name social securitynumber and address of new hires working under the jurisdiction of local 731 and the job location(s)of their current projects on forms provided by the fundssection 6 heavy construction industry fundfor the benefit of the heavy construction industry fund (hereinafter called heavyconstruction industry fund) each of the employers shall also send monthly to the welfare fund its(the employers) remittance payable to the heavy construction industry fund for the aggregate of thesums of thirty cents ($030) effective july 1 2016 by all building concrete excavating and commonlaborers and by all foremen employed by each of the employers in the territorial jurisdiction of local731 with the distinct understanding however that in connection therewith except as hereinafterprovided in the succeeding sentence hereof the welfare fund neither assumes nor has any obligationor responsibility of any kind to anyone for the collection of said sums or otherwise the foregoingpayments shall be based upon hours worked not on premium portion of time and onehalf or doubletime rate of pay the welfare funds only obligation with respect to said remittances required to besent by each of the employers to the welfare fund by remittance payable to the heavy constructionindustry fund as aforementioned is limited to the welfare fund sending to the heavy constructionindustry fund not less frequently than monthly all such remittances actually received by the welfarefund from employers less than the funds cost of administration with respect to the collection of saidcontributions the bookkeeping accounting and forwarding of said remittances to the heavyconstruction industry fund as well as the setting up of machinery and procedures relating to suchcollection and remittance all remittances of the sums referred to in the first sentence of this section6 shall be sent by each of the employers to the welfare fund within thirty (30) days after theconclusion of the month in which the hours referred to in said first sentence were worked by thelaborers and foremen referred to in said first sentence46effectivedatehourlygeneral contractors association laborers 20162026section 7 new york state laborers cooperation and education trustthe employers and local 731 recognize that they must confront many issues of mutualconcern which are more susceptible to resolution through labormanagement cooperation thanthrough collective bargainingthe employers and local 731 also recognize that workers as well as business benefit fromlabormanagement cooperation to seek resolution of these mutual concerns and to advance mutualinterests through labormanagement co operative efforts the employers and local 731 agree toparticipate in the new york state laborersemployers cooperation and education trust (lecet)which is established in accordance with section 302(c)(9) of the tafthartley act [29 us codesection 186(c)(9)]each employer shall pay to the new york state lecet ten cents ($010) for each hour workedby all building concrete excavating and common laborers and by all foremen of laborers employed byeach employer in the territorial jurisdiction of local 731 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 listthe names of the employees for whom such contributions have been made and the amount contributedfor each such employee in the employers monthly report showing excavators local 731 welfarepension annuity and training funds (collectively benefits funds) contributions dues check off etcsuch payments shall be sent monthly to the benefits funds with the understanding howeverthat the benefits funds neither assume nor have any obligation or responsibility of any kind toanyone for the collection of said sums or otherwise the benefits funds only obligation with respect tosaid remittance is limited to sending same to the new york state lecet not less frequently thanmonthly07l0ll16 07l01ll 7 07l01l18 q7l01l19 07lill/2q 07l01l2l 07l01/22 il2lilll23 07/01/24 q7l01125$010 $010 tbd tbdsection 8(a) bondingas of july 1 2012 all new gca members or other local 731 signatory contractors shall post abond in accordance with the provisions of this sectioneach of the employers shall provide a surety company bond to guarantee payment to thewelfare fund the pension fund the annuity fund and the training fund of all contributions offringe benefits required to be paid pursuant to the provisions of sections 12 3 and 4 of this articleviii47tbdgeneral contractors associationlaborers 20162026such bonds shall be in the following amountsif the employer employs 1 to 10 workersif the employer employs 11 to 20 workersif the employer employs 21 to 50 workersif the employer employers over 50 workers$2500000$5000000$10000000$100000 plus $2500 for each worker inexcess of 50 workersupon signing this agreement an employer shall within six weeks provide the requisite bond orsubmit a letter of rejection from a licensed surety bond company establishing to the satisfaction of local731 that the contractor is unable to obtain a bond in the event the contractor is unable to obtain suchbond the contractor must deposit the cash alternative provided for in section 8(b) of this article viiiif neither the bond nor the cash alternative is received by local 731 within six weeks after thesigning of the agreement local 731 may remove such contractors laborers without notice during thesixweek grace period for obtaining the bond the contractor must make weekly payments until thebond is provided or the requisite cash alternative is provided to the union if no weekly payment isreceived at the end of three weeks the contractors laborers may be removed without noticea member of the general contractors association whose records have been audited by thefunds auditors and said records do not show a material discrepancy of 5% or more shall not berequired to post a bond thereafter if said employers records are audited by the funds auditors andthe audit shows a material discrepancy the employer shall be required to post a bond in the amountset forth in this sectionany member of the gca whose records have never been audited by the funds shall berequired to post a bond as set forth in this section an employer affiliated by common ownership orthrough a joint venture with a member of the gca may not be required to post an additional bondunder this sectionupon expiration of the term of the bond required by this section or cancellation of same forany reason the employers laborers may be removed with three (3) business days prior written noticefrom the union to the employersection 8(b) cash alternative to bondin the event the employer has established to the satisfaction of local 731 that it is unable toobtain such surety company bond it shall deliver to and deposit with local 731 a cash alternative of$2500 per employee in the event monthly contributions exceed the bond amount or in the event theemployer has provided a cash deposit alternative to a bond and the monthly amount due for anymonth exceeds the sum on deposit the employer shall be required to increase the penal sum of the48general contractors associationlaborers 20162026bond or said cash deposit alternative as the case may be upon ten (10) days written notice in theevent the employer fails to provide such increased bond or increase said cash deposit local 731 mayupon fifteen (15) days further written notice remove the workers under its jurisdiction the cashalternative payment shall be made by certified check bank cashiers check or bank money order suchpayment shall be maintained in a regular or general bank account maintained by the excavators unionlocal 731 benefits funds in order to secure payment of any and all contributions due and to becomedue from the employer to the trustees of the funds and said trustees may deliver any part or all ofsaid sum on deposit to said trustees in their exclusive discretion and whenever it is deemed advisableby said trustees to do so without further notice to the employer to use and apply part or all of saidproceeds to the payment of any or all amounts due to the funds pursuant to article viii hereof nointerest shall accrue for be payable to or accountable to the employer on said proceeds while same orany part thereof remains on deposit and said proceeds may be commingled by the trustees of thefunds with any other monies on depositsection 9 method of paymentthe union and employer agree that the payment of all benefits shall be by one check madepayable to the order of the excavators union local 731 benefits funds said check shall be made outto a depository account and then shall be allotted in accordance with this collective bargainingagreementthe employer recognizes that when the payment of fringe benefit contributions to excavatorsunion local 731 benefits funds or remittance of union membership supplemental dues checkoffs tothe union pursuant to the agreement is made by check or other negotiable instrument which is returneduncollected excavators union local 731 benefits funds and/or the union incur additional cost andexpense the employer hereby agrees that in the event any payment to the excavators union local 731benefits funds or the union by check or other negotiable instrument results in the check or negotiableinstrument being returned without payment after being duly presented the employer shall be liable foradditional damages in the amount of $10000 to cover such additional costs charges and expensesnothing herein is intended nor shall be interpreted to mean that the excavators union local 731benefits funds or union waive any other remedies including but not limited to any liquidateddamages required to be paid pursuant to this agreement in the event employer contributions are notpaid in full and at the time requiredsection 10 records reports liabilityeach of the employers shall promptly furnish to the trustees of said welfare fund thetrustees of said pension fund the trustees of said annuity fund the trustees of said training fundand the trustees of said heavy construction industry funds on demand any and all wage records49general contractors association laborers 20162026relating to all building concrete excavating and common laborers and all foremen of said laborersemployed by each of the employers in the territorial jurisdiction of local 731 besides such wagerecords each of the employers shall also provide to the trustees together with the payment of suchcontributions or at such other intervals as the trustees may request written reports as to the wages paidto and work records of said laborers and foremen other payroll data such as social securityunemployment insurance and compensation insurance records as well as any and all other datapertaining thereto and the contributions due or payable to the said funds as the trustees of said fundsmay now or hereafter requirethe employer must submit monthly reporting summary forms to the offices of theexcavators union local 731 benefits funds not later than the 15th day of the month following themonth in which the work was performedthe employer is obligated to provide the aforesaid reports within 30days after which the monthin which the work was completed if these reports are not submitted timely by nonmembers of thegeneral contractors association of ny a penalty of ten percent (10%) liquidated damages will beadded to the amount then due for fringe benefit contributions in addition to the interest due and payableas outlined hereinthe books and records of the employer shall be made available at all reasonable times forinspection and audit by but not limited to the accountants independent auditors or otherrepresentatives of the trustees of the welfare pension annuity training and heavy constructionindustry funds in addition the books records information and documentation of any subsidiaryalter ego when performing work under the jurisdiction of local 731 or joint venture of the employershall also be made available at all reasonable times for inspection and audit by but not limited to theaccountants independent auditors or other representatives of the welfare pension annuity trainingand/or heavy construction industry funds the employer shall retain for a minimum period of six( 6) years all records necessary for the conduct of a proper audit in order that a designatedrepresentative of the trustees may make periodic review to confirm that contributions owed pursuantto this agreement are paid in full if after the trustees have made a reasonable request the employerfails to produce the documentation necessary for a proper audit the trustees in their sole discretionmay determine that the employers monthly hours subject to contributions for each month of therequested audit period are the highest number of employee hours during the last twelve (12) monthsfor which reports were filed such determination by the trustees shall constitute presumptive evidenceof delinquency before making such determination the trustees shall give seven (7) days writtennotice to the employer nothing herein shall mean that the funds relinquish their right to commencelegal proceedings to compel an examination of the employers books and records for audit50general contractors associationlaborers 20162026when auditors are sent to audit the books and records of an employer and an appointment timeis scheduled and not canceled or rescheduled in a timely manner and the auditor cannot start at theappointed time and date and must return through no fault of his own the employer shall be penalizedand pay to the benefits fund the sum of two hundred fifty dollars ($25000) per auditorany employer whose account with the welfare pension annuity heavy construction industry ortraining funds is found by the trustees upon regular or special audit to be substantially delinquent(over $100000) is to be charged the full cost of this auditwhere payment is made or an audit is conducted pursuant to a judgment or court order theemployer recognizes the right of the trustees of excavators union local 731 benefits fund to havethe court enteran order permanently enjoining the employer and its agents representatives directorsofficers stockholders successors and assigns for the remaining term of this agreement from failingrefusing or neglecting to submit the required contributions to excavators union local731 benefits funds and requiring the employer to cooperate in an audit in accordance with theprovisions of this agreement once a decision has been rendered by the courts it shall be consideredfinal and bindingany employer who is delinquent in paying its monthly contributions to the excavators unionlocal 731 benefits funds shall pay interest of ten percent (10%) per annum on all late payments orsuch amount of interest as the us department of labor or the internal revenue service may permittrustees of employee benefit funds to collect for late payment of contributions whichever amount isgreaterif any of the employers do not fully and duly report or timely pay all amounts due ascontributions to any or all of said funds in accordance with the above provisions in any arbitration asprovided herein or in any action under the multiemployer pension plan amendments act of 1980(hereinafter title) by a fiduciary for or on behalf of any or all of the funds to enforce payment ofcontributions or to enforce section 306 of the title in which a judgment in favor of any or all of thefunds is awarded the arbitrator or the court shall award the fund(s)a) the unpaid contributionsb) interest at the rate often percent (10%) on the unpaid contributionsc) an amount equal to the greater ofi) interest on the unpaid contributions orii) liquidated damages provided for under the plan in an amount not in excess of 20 percentd) reasonable attorneys fees and costs of the action to be paid by the respondent or defendantande) such other legal or equitable relief as the arbitrator or the court deems appropriate51general contractors associationlaborers 20162026article ixwork stoppage for default in payment of wages and/orwelfare pension and annuity paymentssection 1should any employer default in making payment when due of any of the wages required tobe paid pursuant to article vii section 4 of this agreement and such default/defaults continue afterthree (3) working days written notice thereof is given to it (said defaulting employer) pursuant toarticle iv section 1 following which or as a result of which local 731 removes or causes to beremoved from any job any of the workers under its jurisdiction then and in either of such eventssaid employer shall pay to each of such employees so removed the amount of compensation lost bysuch employees as a result of such removal not exceeding however in any event the equivalent ofthree (3) days pay at the straight time rate plus fringe benefits if laborers are removed from a job forany reason under this agreement upon which wages working dues checkoffs pac contributions orcontributions to the local 731 trust funds are unpaid laborers may refuse to return to work thereonuntil these wages working dues checkoffs pac contributions and/or contributions to the laborerslocal 731 trust funds are paidsection 2 removal of workers upon defaultshould any employer default in making payment when due of any of the amounts orcontributions required to be paid to the welfare fund the pension fund the annuity fund and/or thetraining fund pursuant to article viii of this agreement and such default(s) continue(s) after three (3)working days written notice thereof is given to it (said defaulting employer) in any manner provided inthe articles detailing notices following which or as a result of which local 731 removes or causesto be removed from any job any of the workers under its jurisdiction then and in either of such eventssaid employer shall pay to each of such employees so removed the amount of compensation lost bysuch employee as a result of such removal not exceeding however in any event the equivalent ofthree (3) days pay at the straight time rate and fringe benefits this clause notwithstanding when anemployer declares itself or is declared under chapter xi to be bankrupt and said employer is thendelinquent to the funds the union in that instance may then remove its workers from the employ ofsaid employersection 3 arbitrationshould any controversy dispute or disagreement arise between the parties hereto the union andany of the employers or any of the employers and the excavators union local 731 welfare fund(welfare fund) the excavators union local 731 pension fund (pension fund) the excavators unionlocal 731 annuity fund (annuity fund) lhjna local 731 training fund (training fund) and/or the52general contractors association laborers 20162026heavy construction industry fund regarding or with respect to the payment or alleged nonpayment ofany of the wages required to be paid to laborers and foremen of laborers pursuant to article vii hereofor contributions required to be paid to the welfare fund the pension fund the annuity fund and/or thetraining fund pursuant to sections 123 and/or 4 of article viii hereof interest on said contributionsliquidated damages attorneys fees and/or costs as provided in section 10 of article viii hereof theunion membership supplemental dues check off pursuant to article viii section 5(a) to the union andany of the payments due to the heavy construction industry fund pursuant to section 6 of article viiihereof then and in any such event any of the parties hereto any of the employers the union thewelfare fund the pension fund the annuity fund the training fund the heavy construction industryfund and/ or the trustees of one or more of said funds or the attorney( s) for any one or more of themmay seek arbitration of said controversy dispute or disagreement of any claim(s) arising there fromany such controversy dispute or disagreement shall be submitted to arbitration before a single arbitratorwho is one of the impartial arbitrators designated below by serving upon the other party or parties tosuch controversy dispute or disagreement a demand for arbitration or a notice of intention to arbitratespecifying the agreement pursuant to which arbitration is sought and the name and address of the partyserving the notice and the name and address of an officer or agent thereof if such person is anassociation or a corporation and stating that unless the party served applies to stay the arbitration withintwenty (20) days after such service he/she/they/it shall thereafter be precluded from objecting that avalid agreement was not made or has not been complied with and from asserting in court the bar of alimitation of time such notice or demand shall be served in the same manner as a summons or byregistered or certified mail return receipt requested an application to stay arbitration must be made bythe party served within twenty (20) days after service upon him/her/them/it of the notice or demand orhe/she/they/it shall be so precluded notice of such application shall be served in the same manner as asummons or by registered or certified mail return receipt requested service of the notice of applicationmay be made upon the adverse party or upon his/her/their/its attorney if the attorneys name appears onthe demand for arbitration or the notice of intention to arbitrate service of the notice of application bymail shall be timely if such notice of application is posted within the prescribed period a hearing shallbe held before such impartial arbitrator at a time date and place designated by him within twenty (20)days after the expiration of the aforementioned twenty (20) day period and such impartial arbitratorshall make his award within twenty (20) days after the date of the closing of the hearing before him thearbitrator shall have full and complete authority and power to decide any and all issues raised by thesubmission and to award appropriate damages including but not limited to the amount of wages foundto be due the amount of the unpaid contributions interest thereon liquidated damages reasonableattorneys fees and the costs of the arbitration as prescribed in section 10 of article viii of the withinagreement plus the amount of the fees to be paid to the arbitrator all of which shall be included in the53general contractors association laborers 20162026award and be paid by the losing party such arbitrator in his sole and unreviewable discretion mayreceive and consider the evidence of witnesses by affidavit but shall give such affidavit only suchweight as the arbitrator deems it (said affidavit) to be entitled after giving consideration to anyobjections made to its admission the award of such arbitrator shall be final binding and conclusiveupon the parties and judgment upon any award rendered by such arbitrator may be entered in any courthaving jurisdiction thereofthe arbitrator shall serve in order from a panel of two as follows1) stephen f obeirne 176 washington ave clifton new jersey 070112) ms bonnie weinstock 9 cabriolet lane melville new york 11747_if either arbitrators are not available or is unable or unwilling to serve for any reason the otherof them shall serve if both are unwilling or unable to serve as such impartial arbitrator then and inthat event in their place and stead the chairman of the employment relations board of the newyork state department of labor shall designate and appoint an impartial arbitrator to servethe foregoing agreement of the parties to submit such controversy dispute or disagreementor any claim arising there from to an impartial arbitrator does not excuse any employer orofficer(s) of any employer from any statutory civil or criminal liability which may attach to orresult from the failure of any such employer to make payment of the aforementionedcontributions interest liquidated damages attorneys fees and/or costs as provided in the lastparagraph of article viii section 10 hereof if the amount awarded by such impartial arbitratoris not paid within five (5) days after the making of such award and local 731 has not alreadyremoved or caused to be removed any of the laborers and foremen under its jurisdictionpursuant to section 1 of article iv hereinabove local 731 may remove or cause to be removedfrom any job of said employer any of the laborers and foremen of laborers under the jurisdictionof local 731 employed thereon and in such event the employer shall pay to each of those ofsuch laborers and foremen of laborers so removed the amount of compensation lost by him as aresult of such removal not exceeding however in any event the equivalent of three days pay atstraight time ratessection 4the employer hereby agrees to be bound by and to all terms and conditions of the agreementsand declarations of trust as though it had actually signed the individual documents and further agreesto be bound by all actions taken by the trustees of excavators local union 731 benefits funds pursuantto said agreements and declarations of trust as amended and their respective plans as amended by allbylaws rules and resolutions adopted to regulate each of the excavators union local 731 benefitsfunds54general contractors associationlaborers 20162026articlexlegalitysection 1any provisions of this agreement which provide for union security or employment in a mannerand to any extent prohibited by any law or the determination of any governmental board or agencyshall be and hereby are of no force or effect during the term of any such prohibition it is agreed thatthere shall be no discrimination against any employee or prospective employee in violation of thelaw it is understood and agreed however that if any of the provisions which are hereby declared tobe of no force or effect because of restrictions imposed by law are determined either by an act ofcongress or other legislative enactment or by a decision of the court of highest recourse to be legalor permissible then any such provisions shall immediately become and remain effective during theremainder of the term of this agreement local 731 reserves the right to renegotiate any of theprovisions which may be of no force or effect in the event that there shall be a change in applicablelaws as to union security the parties shall renegotiate any provisions concerning union securitysection 2in the event that any provisions of this agreement shall be declared to be in violation of thelaw the remaining provisions of this agreement shall remain in force and effectsection 3should any of the employers terminate its membership in the gca or should the gca terminatethe membership of any of the employers in said association during the term of this agreement thenand in either of such events such termination regardless of the reason therefore shall in no way changemodify diminish or effect any of its rights and liabilities under and pursuant to the provisions of thisagreement during the term of this agreementarticle xinoticesall notices required to be given pursuant to this agreement except for the notice of anddemand for arbitration provided in section 2 of article iv or section 3 of article ix of this agreementshall be in writing and may be delivered in person by facsimile transmission by ordinary first classmail by certified mail return receipt requested or by overnight guaranteednextday delivery serviceto the contractor55general contractors association laborers 20162026article xiiexecution of agreementif this agreement is executed on behalf of any one of the employers who is/are a male and/or afemale person(s) or a combination of either of them or a combination of either or any of them anda corporation then and in any such event(s) the relative words herein shall be read as if written in themasculine or feminine gender or in the plural as the case may bearticle xiiiterms of agreementthe term of this agreement shall commence on and as of the 1st day of july 2016 and shallterminate at midnight april 30th 2022article xivfavored nations clausein the event the union enters into any other agreements excluding project labor agreements andcollective bargaining agreements with fringes payable to the local 1175 funds with any otheremployer for the work covered by this agreement which shall have terms more favorable to suchemployer then such more favorable provisions shall immediately become a part of and apply to thisagreement upon request of the employer the union shall provide copies of all agreements it entersinto with any employer which covers work covered by this agreementarticle xvintent of agreementthis agreement supersedes and takes the place of all agreements heretofore made as of july1 2016 by and between the parties hereto this agreement and all of its terms and provisions arebased on an effort and a spirit of bringing about more equitable conditions in the constructionindustry and the language herein shall not be misconstrued to evade the principles or intent of thisagreementthis agreement may not be altered modified or changed in any way unless any such proposedalteration modification or change is in writing is approved by the union and is initialed or signed byan officer of the union at the location in the agreement of such proposed alteration modification orchange56general contractors association laborers 20162026in witness whereof this agreement has been executed and entered into as of the firstday of july 2016 hereof by the duly authorized representatives of local 731 and on behalf of local731 and by the executive director of the general contractors association pursuant to the authorizationof and on behalf of those members of said association and other employers whose names have beenset forth on the succeeding pages hereof or who may hereafter become parties to this agreement byexecuting a counterpart thereof or authorizing the execution thereof on his her/their/its behalf by saidexecutive director of the general contractors associationthe general contractorsassociation of new york incby ~~ 111j}if~denise m richardsonexecutive directordatedbuilding concrete excavating& common laborers union local731 of greater new yorklong island and vicinitybysrdlfrank biancaniellopresidentbyzj>~dominic j valdnersecretarytreasurer57appendix autility ratesthe employees working under these rates receive full pension welfare training andannuity contributionsutility foremaneffective 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24 datewage $4385 $4435 $4500fringe $4053 $4253 $4438 $250 $230 $230benefitssubtotal $8438 $8688 $8938 $9188 $9438 $9668 $9898 $10128hcif $030 $030utility laborereffective 07/01/17 07/01/18 07/01/19 07/01/20 07/01/21 07/01/22 07/01/23 07/01/24 datewage $4135 $4185 $4250fringe $4053 $4253 $4438 $250 $230 $230benefitssubtotal $8188 $8438 $8688 $8938 $9188 $9418 $9648 $9878hcif $030 $0305807/01/25$23010358$03007/01/25$230$10108$030general contractors associationlaborers 20162026special note 1 dues checkoffthe employer shall deduct the following supplemental dues check offs from the above wageseffective 07l01llti 01l0u17 q2lqlllb q2l01ll2 07l01l20 07l01l21 07/0ll22 q7lq1l23 07l01l24 07l0u25 datehourly $120 $135 tbd tbdspecial note 2 pension fund contributionsthe agreement between the parties is a ten (10) year agreement from 07/01/16 through04/30/2026 with a 325% yearly increase ($250) in the first six (6) years of the agreement anda 30% yearly increase ($230) in the last four ( 4) years of the agreement the allocation of eachyearly increase shall be determined by the union prior to july 1 of each year it is the intentionof both parties to fully fund the local 731 pension plan pursuant to the pension protection act of2006special note 3 definition of flagmen and pedestrian trafficmanager/crossing guardflaggersthe duties of flaggers themselves have been determined to be manual and physical in natureflaggers typically work on or around heavy or highway construction projects as part of the constructioncrew and their work is integrally related and a necessary incident to the other construction activities at thesiteactivities shall include but not be limited to the movement of traffic cones or any other materials orequipment the directing of trucks or equipment associated with the construction site the opening or closingof construction gates flagging or any other work normally performed by laborers who are members oflocal 731pedestrian traffic manager/crossing guardthe term pedestrian crossing guard means a person employed to guide or temporarily controlpedestrian vehicular and bicycle traffic at streets adjacent to construction sites for safe efficient trafficmovement the pedestrian crossing guard will alleviate congestion by directing the flow of pedestrian andvehicular traffic away from the vicinity of the construction sitethe pedestrian crossing guard will not direct the movement of construction equipment onto and offthe site direct or perform any other work associated with trucking associated with the construction site beon the construction site or perform other duties commonly performed by flaggers or any other worknormally performed by laborers who are members of local 73159
