STANDARD FORM COLLECTIVE BARGAINING AGREEMENT BETWEEN INTERNATIONAL ASSOCIATION OF SHEET METAL AIR RAIL AND TRANSPORTATION WORKERS LOCAL UNION 137 5002 5th STREET LONG ISLAND CITY NY 11101 and THE GREATER NEW YORK SIGN ASSOCIATION August 1 2022 TO July 31 2025 TABLE OF CONTENTS UNION RECOGNITION 3 4 DISCRIMINATION UNION SECURITY 5 PROBATIONARY PERIOD 5 6 DUESCHECK OFF PAL FUND 678 WORKDAY 9 10 INCLEMENT WEATHER PAID HOLIDAYS 10 PAID TIME OFF 11 12 SICK LEAVE WORK RULES HAND TOOLS 12 13 14 TRANSPORTATION SUBCONTRACTING SHOP FABRICATION JOURNEYPERSONAPPRENTICESHOP PRODUCTION WORKER RATIO 141516 SIGN ERECTORAPPRENTICE RATIO OWNERMEMBER FOREMAN 16 TRAVEL TIME OUT OF TOWN WORK PREVAILING WAGES 1718 WAGE ALLOCATON WAGE RATES PAYMENT OF WAGES 192021 LAYOFFPAY OFF DISABILITY INSURANCE COMPENSATION INSURANCE INSURANCE FUND 2122 ANNUITY FUND APPRENTICE ANNUITY SHOP PRODUCTION WORKER ANNUITY 401K PLAN 222324 APPRENTICESHIP TRAINING FUND LOCAL 137 SCHOLARSHIP FUND 2425 NATIONAL PENSION FUND INTERNATONAL TRAINING INSTITUTE SMWIA SCHOLARSHIP FUND SMOHIT OCCUPACTIONAL HEALTH FUND 252627 PAYMENT OF BENEFITS 28 29 30 31 JURISDICTION SHOP STEWARDS 31 32 GRIEVANCES CLAIMS AND LIABILITIES 32 33 34 EMPLOYER UNION OBLIGATIONS SAFETY TICKETS NOTIFICATION OF CHANGE IN AGREEMENT 343536 SIGNATURES GREATER NEW YORK SIGN ASSOCIATION MEMBERS 37 2 STANDARD FORM OF UNION AGREEMENT SHEET METAL PLASTIC ELECTRIC AND NEON INDUSTRY forGREATER NEW YORK NASSAU SUFFOLK WESTCHESTER AND ROCKLAND COUNTIES THE GREATER NEW YORK SIGN ASSOCIATION hereinafter referred to as the EMPLOYER and INTERNATIONAL ASSOCIATION OF SHEET METAL AIR RAIL AND TRANSPORTATION WORKERS LOCAL UNION 137 of GREATER NEW YORK LONG ISLAND WESTCHESTER AND ROCKLAND COUNTIES HEREINAFTER Referred to as the UNION ARTICLE I SECTION 1 UNION RECOGNITION In as much as the Union has requested and submitted proof and the Employer is satisfied that the Union represents a majority of its employees in the bargaining unit described herein the Employer recognizes the Union as the exclusive representative of all employees covered by this Agreement for the purpose of collective bargaining as to wages hours and other conditions of employment and the handling of all matters within the scope of this Agreement SECTION 2 a This Agreement covers the rates of pay and conditions of employment of all employees of the Employer engaged in but not limited to the manufacture fabrication assembly erection installation dismantling reconditioning adjustment alteration repairing servicing and maintenance of all interior and exterioroutdoor industry related products used in the manufacture and erection of all electrical plastic fiberglass vinyl and neon signs commercial signs storefronts awnings marquee signs soffits display showcases LED modules road signs bulletin boards scoreboards and billboards for indoor and outdoor advertising including but not limited to any and all sign support structure billboard panels sign cabinets or the like in kind serving the same purpose the layot fabrication and installation of any base plate gusset plates companion flanges and attachment of these sections to any support member such as pipe angle iron channel andor wide flange beams tube steel andor other similar shapes the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection including those taken from original architectural and engineering drawings or sketches This work also includes the layout fabrication and installation of upper support structures used to support the sign 3 faces including catwalks ladders rails and any and all substitute signage or materials used in lieu thereof and any other identification system whether interior or exterioroutdoor advertising included in the jurisdictional claims of the SMART including any and all related future technological advancements that may enhance replace or compete with the scope of work provided herein that serves the same or similar purpose and shall include installation and fabrication of cell site and green products including but not limited to wind and solar b The Employer further agrees that the operating of any equipment or new technology which has as its essential purpose of replacing or changing those jobs or procedures traditionally performed by sheet metal workers and all other sheet metal work will be covered by this agreement and considered to be the jurisdictional claim of the Sheet Metal Air Rail and Transportation Workers International Association c The Employer agrees that all work performed under Article 1 Section 2 of this agreement and that is performed under a sign hanger license Master or Special shall be done by employees referred by Sheet Metal Air Rail and Transportation Workers Local Union 137 d Where flaggers are required the Employer shall employ either Unionreferred apprentices AlA6 for such purposes If the Union is unable to provide the requested manpower the Employer may subcontract such work provided that the subcontractor pays wages in an amount equal to or greater than the total amount of wages and benefits paid to an Al apprentice SECTION 3 The Employer agrees that no one but Sheet Metal Workers all who are members of the unit shall be employed on any work described in ARTICLE 1 SECTION 2 SECTION 4 The Union agrees to furnish at all times to the Employer upon request and if available duly qualified Journeypersons and Apprentices in sufficient numbers as may be necessary to properly execute work contracted for by the Employer in the manner and under conditions specified in this Agreement 4 Section 5 DISCRIMINATION Neither the Union nor the Employer shall discriminate against any Employee or applicant for employment or Union membership because of race creed color age sex place of national origin marital status sexual orientation citizenship status veteran status or disability provided it does not impair the ability of the Employee or applicant for employment to perform the required work ARTICLE II SECTION 1 UNION SECURITY The Employer agrees to require membership in the Union as a condition of continued employment of all Employees performing any of the work specified in ARTICLE I SECTION 2 of this Agreement thirty 30 days following the beginning of such employment or the effective date of this Agreement whichever is later the Employer has reasonable ground for believing that membership is available to such Employees on the same terms and conditions generally applicable to other members and that membership is not denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership Section 2 Probationary Period All employees deemed Shop Production Workers shall be considered to be probationary employees for the first thirty 30 days of their employment During this period the Employer may discharge the Employee for just cause without recourse to the Grievance and Arbitration Procedures of the Agreement If after the thirty first 31 day of probationary period the Employee is retained the Employer will contribute to all fringe benefit funds retroactive to the beginning of the first day and will collect both initiation fees and dues if required as of the beginning of the first 1 day of employment and forward these monies to the respective Funds as well as the Union SECTION 3 If during the term of this Agreement the National Labor Relations Act shall be amended in such a manner to reduce the time within which an Employee may be required to acquire Union membership such reduced time limit shall become immediately effective instead of and without regard to the time limit specified in SECTION 1 of this ARTICLE 5 In the event that any of the provisions of this Agreement shall now or hereafter be declared or held to be in violation of any law or regulation then only those illegal provisions shall be eliminated from the contract and deemed deleted there from such deletion shall not affect the remaining parts of the Agreement herein which shall continue in full force and effect minus the deleted provision SECTION 4 The Employer agrees to deduct from the wages of each Journeyperson Apprentice and Shop Production Worker who voluntarily signs a valid and appropriate deduction authorization form such dues as required by the Union and to remit same to the Union in the following manner a Upon the signing of this Agreement the Union shall notify the Employer in writing of the amount of such dues and shall notify the Employer in writing of any subsequent changes in the amount of the dues b The deduction of the dues shall be made weekly and remitted to the Union by the Tenth 10th of the following month c The deduction authorization shall be in the following form Pursuant to the terms of the Collective Bargaining Agreement between the Employer and Local 137 Sheet Metal Air Rail and Transportation Workers International Association including any renewal thereof I hereby voluntarily and individually authorize my Employer to deduct from my wages Union dues in such amounts as specified in writing by Local 137 These deductions shall be remitted to the Financial Secretary of the Union This authorization is irrevocable for the period of one 1 year or until the termination of the collective bargaining Agreement whichever is sooner and shall be automatically renewed and irrevocable for successive periods of one 1 year each or for the period of each succeeding applicable collective bargaining agreement between the Employer and the Union whichever shall be shorter unless written notice is given by me to the Employer and Union not less than sixty 60 days prior to the expiration of each period of one year or each collective bargaining agreement between the Employer and the Union whichever occurs sooner 6 I hereby release my Employer from any liability in connection with the deduction of Union dues except for remitting same to the Union each month Signature Date d The Union shall indemnify and absolve the Employer from any claims demands suits or other forms of liability that might result from action taken by the Employer in reliance upon the deduction authorization form submitted by the Union to the Employer SECTION 5 Neither the Employer nor an individual employee or group of employees shall have the right to modify or waive any of the provisions of this agreement Any modification must be in writing duly executed by an authorized agent of the Employer and by the PresidentBusiness Manager andor Secretary Treasurer of the Union The Union may request that all negotiations for modification be held in the presence of a negotiation committee during regular working hours without pay for the same ARTICLE III SECTION 1 DUES CHECKOFF a The Employer agrees that all Journeypersons shall receive once each calendar month a supplemental payment for each hour worked by the Employer hereunder during the preceding month at the following rates as follows August 1 2022 625 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT b The Employer agrees that all Apprentices shall receive once each calendar month a supplemental payment for each hour worked by the Employer hereunder during the preceding month at the percentage of the journeypersons contribution rate Al 35 BASED ON JOURNEYPERSONS CONTRIBUTION RATE A2 40 BASED ON JOURNEYPERSONS CONTRIBUTION RATE A3 45 BASED ON JOURNEYPERSONS CONTRIBUTION RATE A4 50 BASED ON JOURNEYPERSONS CONTRIBUTION RATE 7 AS 55 BASED ON JOURNEYPERSONS CONTRIBUTION RATE A6 60 BASED ON JOURNEYPERSONS CONTRIBUTION RATE A7 65 BASED ON JOURNEYPERSONS CONTRIBUTION RATE AS 70 BASED ON JOURNEYPERSONS CONTRIBUTION RATE A9 75 BASED ON JOURNEYPERSONS CONTRIBUTION RATE Al0 80 BASED ON JOURNEYPERSONS CONTRIBUTION RATE August 1 2022 July 31 2025 c The Employer agrees that all Shop Production Workers shall receive once each calendar month a supplemental payment for each hour worked by the Employer hereunder during the preceding month as follows EFFECTIVE DATE CONTRIBUTION PER HOUR August 1 2022 increase as set forth in Article v Section 8 c August 1 2023 increase as set forth in Article v Section 8 c August 1 2024 increase as set forth in Article V Section 8 c SECTION 2 PAL FUND The Employer agrees that all Journeypersons shall receive once each calendar month a supplemental payment for each hour worked by the Employer hereunder during the preceding month as follows August 1 2022 10 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT a The Employer agrees that all Shop Production Workers shall receive once each calendar month a supplemental payment for each hour worked by the Employer hereunder during the preceding month as follows EFFECTIVE DATE CONTRIBUTION PER HOUR August 1 2022 July 31 2025 010 SECTION 3 Supplemental payments under this Article III shall be paid for all hours worked at the rates specified in this Article III without increasing those rates by time and a half l12 for premium or overtime hours worked 8 SECTION 4 The payments required by the provisions of Article X Section 1 and Article IX Section 1 of this Agreement National Pension Fund Apprenticeship Training Fund Local Union Scholarship Fund and Insurance Fund shall be independent of and in addition to any payments made pursuant to the terms of this Article III ARTICLE IV SECTION 1 WORK DAY a Each Employer shall establish a fixed starting time between the hours of 6 AM and 8 AM This time once established by the Employer cannot be changed without written permission from the Union b The regular working day shall consist of 8 eight hours of labor both in the shop and in the field Each Employer shall establish a fixed one half 12 hour lunch break between the hours of 1100 AM and 1200 PM This time once established by the Employer cannot be changed without written permission from the Union c All hours worked on Saturdays and Sundays shall be paid at the rate of time and one Half 1 12 the regular rate of pay d All hours worked before the established start time and after 8 eight hours of labor shall be paid at the rate of time and one half 1 12 the regular wage rate e All hours worked on paid holidays shall be paid at the rate of time and one half 1 12 the regular wage rate plus the holiday pay itself f If an employee starts before the established start time and works less than 8 eight hours at time and one half 1 12 the regular wage rate the employee will be given the opportunity to work their regular workday g Any employee who works 8 eight hours of labor within the same shift at the rate of one and one half 1 12 times the regular wage rate shall remain at the rate until the shift ends 9 h Any employee who works 8 eight hours or more at one and one half 1 12 times the regular wage rate must receive a 8 eighthour break before beginning another shift SECTION 2 Inclement Weather All covered Employees who report for work at the shop or job site and are not placed to work because of inclement weather shall be entitled to two 2 hours pay at their regular rate of wages If an Employee works past two 2 consecutive hours the employee shall be paid for a full eight 8 hour day SECTION 3 Paid Holidays Employees shall be paid at the regular rates of wages for the following Ten 10 Holidays without being required to work 1 NEW YEARS DAY 6 COLUMBUS DAY 2 PRESIDENTS DAY 7 ELECTION DAY 3 MEMORIAL DAY 8 THANKSGIVING DAY 4 INDEPENDENCE DAY 9 THE DAY AFTER 5 LABOR DAY THANKSGIVING 10 CHRISTMAS DAY a Any Employee who has worked for three 3 months or more for the same Employer and is laidoff ten 10 days or less prior to a Holiday shall be entitled to receive pay for the Holiday at the time of layoff b An Employee who has been employed ten 10 working days or less prior to any Holiday shall be entitled to Holiday pay as follows The employee is to be paid ten percent 10 of a regular days pay 8 hours at their regular rate of wages for each day the employee worked up to the holiday This pay will be in addition to their regular wages for each day that they work c If a holiday falls on a Saturday the Employees shall not work on the Friday proceeding such holiday and shall be paid for same If a holiday falls on a Sunday the Employees shall not work on the Monday following such holiday and shall be paid for same SECTION 4 All labor performed in connection with or incidental to the work covered by this Agreement shall take place within the regular working hours specified in SECTION 1 of this Article No overtime 10 shall be permitted or required outside of said regular working hours or on the holidays specified except in cases of emergency when by mutual consent of both parties hereto such emergency overtime work may be permitted SECTION 5 Paid Time Off Vacation Sick Personal All regularly employed Journeypersons shall receive each year as follows 15 days of PAID TIME OFF PTO for the period January 1st and December 31 st with pay at their regular wage rate prevailing as of August l5t on the CBA increase a The first trimester of PTO shall be based on the earning period from January 1st through April 30 th The second trimester of PTO shall be based on the earning period of May 1st through August 31 st and the third trimester shall be based on the earning period of September 1st through December 31 st An Employee shall receive their PTO wages in their next regularly scheduled paid period or upon layoff or termination of employment Each Employee shall be paid out the unused PTO at the end of the following earning period b Where an Employee has not been employed for the full PTO earning period by the Employer the Employee shall be paid six percent 6 of their gross earnings during such earning period in lieu of their PTO c All Employees who have been employed in the industry twenty 20 years shall be entitled to twenty 20 days of PTO each year Any additional days of PTO greater than fifteen days 15 may be taking in any earning period Where an Employee has not been employed for the full PTO earning period that Employee shall be paid eight 8 of their gross earnings during such earning period in lieu of their PTO d Journeypersons who have been employed in the industry twentyone 21 years or more shall be entitled to one 1 additional day of PTO each year up until they have been in the industry for twentyfive years At which time a twentyfiveyear Journeyperson has accumulated twentyfive 25 days of PTO Any additional days of PTO greater than fifteen 15 may be taking in any earning period Where an Employee has not been employed for the full PTO earning period that Employee shall be paid ten 10 of their gross earnings during such earning period in lieu of their PTO 11 e Apprentices and Shop Production Workers shall receive paid PTO as follows The first trimester of PTO shall be based on the earning period from January ist through April 30 th The second trimester of PTO shall be based on the earning period of May 1st through August 31 st and the third trimester of PTO shall be based on the earning period from September 1st through December 31 st An Employee shall receive their PTO wages in their next regularly scheduled paid period or upon layoff or termination of employment Each Employee shall be paid out the unused PTO at the end of the following earning period Any Apprentice or Shop Production Worker who has five days 5 PTO shall receive three days 3 PTO in the first full earning period and two days 2 PTO in their second earning period Where an Apprentice or Shop Production Worker has not been employed for the full PTOearning period by the employer that Employee shall be paid in accordance with the referenced percentage of their gross earning during such earning period in lieu of their PTO f Any Apprentice who is employed in the industry shall receive PTO Status AlA2 A3A4 ASA6 A7A10 at their regular wage rate as follows Paid Time Off 5 Days 5 Days 10 Days 15 days Percentage of Gross Wages 2 2 4 6 g Any Shop Production Worker who has been continuously employed in the industry shall receive PTO at their regular wage rate as follows Years Employed Paid Time Off First year of employment Second year of employment 5 Days 10 Days Percentage of Gross Wages 2 SECTION 6 SICK LEAVE The Union expressly waives any right employees covered by this agreement as enacted by the City of New York 4 to paid sick leave for the set forth in any legislation 12 The parties to this agreement acknowledge that the benefits provided in this CBA Section 5 Paid Time Off Vacation Sick Personal exceeds statutory requirements enacted by New York State in Article 6 Section 196b for Employers with less than 99 Employees ARTICLE V SECTION 1 WORK RULES On a shoptoshop basis in slack times the work shall be distributed among the employees equally the union shall have the right to require that all employees who have available PTO time shall be required to take their PTO time off before any distribution of work except for foreman shop steward and specialized employees Overtime will be allowed only on projects that conditions require them to be done during overtime hours Overtime will be permitted for the completion of a project in the field already started within the same day SECTION 2 The Employer shall employ at least two 2 Journeypersons for fiftytwo 52 weeks each year If the Employer shall have no work available for two 2 Journeypersons the Employer may apply to the Business Manager of Local 137 who may at hisher discretion grant a waiver of this requirement on such terms for such period of time as Business Manager deems appropriate SECTION 3 With the consent of the Business Manager a retired Journeyperson who qualifies under the National Pension Fund rules of working in retirement may work up to forty 40 hours per month The Employer agrees to pay a minimum of forty 40 hours of benefits per month to such Journeyperson regardless of the actual hours worked less than forty 40 13 SECTION 4 HAND TOOLS Journeypersons shall provide themselves with the following necessary hand tools except that when Employees are required to use right and left Aviation shears shall be supplied by the Employer FABRICATORS 30 Tape Bullpen Hammer 2 Screwdrivers Straight Phillips Combination Square Scriber Awl Open Wrenches 71634 Vise grip SECTION 5 TRANSPORTATION ERECTORS APPRENTICES 30 Tape 30 Tape Claw Hammer 2 Screwdrivers Straight Phillips Openend wrenches 71634 Vise grip a Journeypersons shall not be permitted or required as a condition of employment to furnish the use of an automobile or other conveyance to transport men tools equipment or materials from shop to job from job to job or from job to shop Facilities for such transportation are to be provided by the Employer This provision shall not restrict the use of an automobile or other conveyance to transport its owner and person tools from home to shop or job at starting time or from job to home at quitting time b The Employer shall furnish suitable lockers or chests for storage of clothing and tools In order to place definitely the responsibility for loss by fire or theft it is agreed that claims be limited as follows CoatJacket 12500 Shoes 12500 SECTION 6 Clothing 12500 Kit of Tools 27500 Fabricator 20000 Erector 2500 Apprentice The Employer agrees to keep the shop in the best sanitary condition as possible 14 SECTION 7 SUBCONTRACTING a The Employer agrees NOT to SubContract any work unless permission in writing is secured from the Union b An Employer who violates the subcontracting provisions of the Agreement shall be liable to the International Association of Sheet Metal Air Rail and Transportation Workers Local Union 137 General Fund for triple 3 times the wages and fringe benefit contributions due on work performed by its subcontractor SECTION 8 SHOP FABRICATIONJOURNEYPERSONAPPRENTICESHOP PRODUCTION WORKER RATIO The ratio of Journeypersons to Apprentice to Shop Production Worker for shop fabrication only shall be as follows 2 Journeypersons 1 Apprentice After the employment of the above then it would become 2 Journeypersons 1 Apprentice 1 Shop Production Worker After the employment of the above then it would become 2 Journeypersons 2 Apprentices 2 Shop Production Workers After the employment of the above an employer shall be entitled to employ JourneypersonsApprenticesShop Production Workers in a ratio of two 2 Journeyperson s to two 2 Apprentices to two 2 Shop Production Workers thereafter a It is agreed that all Shop Production Workers under this Agreement shall not perform any work outside the shop for any reason If any Shop Production Worker performs any work outside the shop such outside work shall be considered a material breach of the Agreement For each and every occurrence of a Shop Production Worker performing any work outside the shop the parties agree that the Employer shall be liable for the payment of liquidated damages to the Union in the amount of 10000 under Section 301c 2 of the Labor Management Relations Act 29 USC 186c 2 15 b The Union will employ upon request by an employer Shop Production Workers in accordance with the ratio set forth in this agreement C percent of employment increase for increase for 50 of the Shop Production Workers will be hired at thirtysix 36 the Journeypersons package for their first year of Shop production workers shall receive a six 6 percent the second year of employment and an eight percent 8 the third year of employment capping at fifty percent Journeypersons package for employment thereafter SECTION 9 SIGN ERECTOR JOURNEYPERSONAPPRENTICE RATIO The employer shall be entitled to employ one 1 Apprentice for the first two 2 Sign Erector Journeypersons The Employer shall be entitled to employ any additional Apprentices in accordance with the sequence of the ratio set forth above SECTION 10 OWNER MEMBER a Only one 1 ownermember shall be permitted to work with the tools and at no time shall and the ownermember be included in any journeypersonapprentice ratios stated herein b Any ownermember working with the tools of the trade shall pay the minimum of 170 one hundred seventy hours per calendar month to all fringe benefit programs under the respective collective bargaining agreement provided however that if the ownermember works in excess of the minimum number of hours he shall pay to all fringe benefit programs for the actual hours worked in accordance with said collectivebargaining agreement SECTION 11 FOREMAN The employers agree there shall be a foreman in charge at every jobsite which requires a crew size of three or more employees On jobsites that require mandatory or agency directed flaggers the flag person shall not be included in the crew size for foreman eligibility 16 ARTICLE VI SECTION 1 TRAVEL TIME a Sheet Metal Workers covered by this agreement shall be governed by the regular working hours specified herein and shall provide themselves transportation from home to shopjob at starting time and from shopjob to home at quitting time b The employer shall provide all necessary transportation during the regular working hours specified herein c The employees instructed to report to a jobsite within the limits of New York City Five Boroughs must be given the exact location before quitting time on the prior day and shall provide themselves with all necessary transportation Any employee not given the exact location before quitting time on the prior day shall report directly to the shop and shall be paid from shop to jobsite and from jobsite to shop at their regular hourly wage in accordance with Article IV herein d Any employee instructed by the employer to report to a specific jobsite shall report to that jobsite and only that jobsite and shall be paid in accordance with Article IV herein and must be returned to the original specific location Al and A2 apprentices shall be reimbursed up to 2500 per day for travel only when required by the employer to shape up in accordance with article VI section 1 C But only upon presentation of receipts for travel expenses e Any employee driving a vehicle from shop to jobsite or from jobsite to shop shall be paid in accordance with Article IV herein f At no time shall a Journeyperson be displaced as a driver by an apprentice unless the Journeyperson or other available Journeypersons are not capable of driving SECTION 2 a Any Employee driving a truck after the regular working hours shall be paid in accordance with Article IV Section 1 Workday While traveling within the jurisdictional claims of Local 137 b On all out of town work the Employer shall pay traveling expenses 17 c When Employees are traveling outside the jurisdictional claims of Local 137 they shall be paid in accordance with Article IV Section 1 Workday d On all outoftown work the Employer shall pay all room fees but only upon presentation of receipts for the same plus a maximum of 7500 per day per employee for food phone and miscellaneous expenses but only upon presentation of receipts for the same No more than two 2 men shall occupy one 1 room SECTION 3 Where Employees covered by this Agreement are required by the Employer to perform work within the territorial jurisdiction of any other Local Union affiliated with the Sheet Metal Workers International Association whose established wage scales are higher than the rates specified in this Agreement the higher wage scale of the Local Union in whose jurisdiction the work is to be erected andor installed shall prevail and be paid by the Employer SECTION 4 When sent by the Employer to supervise or perform work outside of the territorial jurisdiction of the Union and into the Jurisdiction of another Local Union affiliated with the Sheet Metal Air Rail and Transportation Workers International Association Journeyperson Sheet Metal Workers and Journeyperson Sign Hangers covered by this Agreement shall immediately report to the officers or representatives of the Local Union into whose jurisdiction they have been sent before starting to work Said Journeyperson shall be paid all necessary transportation traveling time board and other expenses while employed in the jurisdiction of another affiliated Local Union They shall receive the rate of pay established in the jurisdiction of another affiliated Local Union while employed there but in no event shall they receive less than the hourly rate prevailing under this Agreement They shall not be required to transfer their membership to the Local Union in whose Jurisdiction they are temporarily employed but they shall be governed by the established working rules of said local Union 18 ARTICLE VII SECTION 1 WAGE ALLOCATION The Employer and the Union agree that monies negotiated shall be allocated as needed by the Union subject to the approval of the Unions membership The Union agrees to notify the Employer in writing by the 1st Day of July of their required allocations for the upcoming contract year Both parties agree to the following taxable amounts for wages August 1 2022 454 August 1 2023 355 August 1 2024 341 Both parties agree that the following taxable amounts will be allocated by the Membership for wages and benefits The Union agrees not to exceed the amounts negotiated above should the union require additional money for benefits the Union shall have the right to reduce other benefit contributions and or wages to cover additional cost of benefits required by the Board of Trustees of the respectful Fund The Union further agrees to meet all funding requirements of the Sheet Metal National Pension Fund as per the Pension Fund Trustees without any additional cost to the Employer SECTION 2 WAGES a The minimum wage rate for a Journeyperson shall be as follows EFFECTIVE DATE WAGES PER HOUR August 1 2022 5600 August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT b A foreman in charge shall be paid in addition to the minimum wage rate for a Journeyperson the following amounts EFFECTIVE DATE August 1 2022 August 1 2023 August 1 2024 WAGES PER HOUR 800 800 800 c The minimum wage rate for Apprentices shall be as follows 19 Al 35 A6 60 A2 40 A7 65 A3 45 AS 70 A4 50 A9 75 AS 55 Al0 80 August 1 2022 thru July 31 2025 BASED ON JOURNEYPERSONS WAGE RATE d Apprentice System The Employer and the Union shall take prompt action to set up and maintain an Apprentice Training Program andor system which will insure an adequate force of skilled Journeypersons mechanics The system shall be set up and supervised by a Joint Apprenticeship Committee consisting of any equal number of representatives of both the Employers and the Union for which they shall establish rules and regulations for the operation of the Apprentice Training Program and shall approve advancement within the wage program set forth in SECTION 2 c of this ARTICLE e The minimum wage rate for Shop Production Workers shall be as follows EFFECTIVE DATE WAGES PER HOUR August 1 2022 increase as set forth in Article v Section 8 c August 1 2023 increase as set forth in Article v Section 8 c August 1 2024 increase as set forth in Article V Section 8 c SECTION 3 PAYMENT OF WAGES a Wages shall be paid either by cash check or electronic deposit in the shop or on the job at or before quitting time each week on the established pay day except if an Employee is discharged or laidoff the employee shall be paid in full at the time of such discharge or layoff b At no time shall employees be required to pay for check cashing services unless the Employer provides checkcashing service at no cost to the employee and such services are not utilized by the employee c There shall be at least a twentyfour 24 hour notice given to the Union of any layoff excluding Saturdays Sundays and Holidays except for conditions beyond the control of the Employer andor Act of God This is confidential information only for the Union Officials A termination notice shall be on forms provided to the employer A copy 20 of the termination notice shall be sent to the Union with the twentyfour 24 hour notice d Any employee who is laid off and not paid in full as per the contract within 2 4 hours of the said layoff excluding Saturdays Sundays and Holidays will report for work the next day and any and all other days until the employee is paid in full all wages Holidays and accrued vacation that the employee may be entitled ARTICLE VIII SECTION 1 DISABILITY INSURANCE The Employer agrees to deduct State Disability benefit contributions from the wages of his Employees The Employer agrees to pay his State Disability benefit contributions and file with the Union the name of the disability carrier SECTION 2 COMPENSATION INSURANCE The Employer shall carry full compensation insurance for the Employees covered by this Agreement The Employer shall file with Union the name of the insurance carrier as well as the daie of the expiration of the insurance policy ARTICLE IX SECTION 1 INSURANCE FUND a The Employer agrees to pay monthly into the Unions Insurance Fund for all Journeypersons the following hourly amounts August 1 2022 1703 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT b The Employer agrees to pay monthly into the Unions Insurance plan each hour worked for all Apprentices as follows STATUS Al A2 A3 A4 CONTRIBUTION RATE 35 OF JOURNEYPERSONS CONTRIBUTION RATE 40 OF JOURNEYPERSONS CONTRIBUTION RATE 45 OF JOURNEYPERSONS CONTRIBUTION RATE 50 OF JOURNEYPERSONS CONTRIBUTION RATE 21 AS 55 OF JOURNEYPERSONS CONTRIBUTION RATE A6 60 OF JOURNEYPERSONS CONTRIBUTION RATE A7 65 OF JOURNEYPERSONS CONTRIBUTION RATE AB 70 OF JOURNEYPERSONS CONTRIBUTION RATE A9 75 OF JOURNEYPERSONS CONTRIBUTION RATE Al0 80 OF JOURNEYPERSONS CONTRIBUTION RATE c The Employer agrees to pay monthly into the Unions Insurance Fund for all Shop Production Workers the following hourly amounts EFFECTIVE DATE CONTRIBUTION August 1 2022 increase as set forth August 1 2023 increase as set forth August 1 2024 increase as set forth PER HOUR in Article in Article in Article V V V Section 8 c Section 8 c Section 8 c d Contributions under this Section 1 Article IX shall be made for all hours worked at the rates specified in this Section without increasing those rates by time and a half 112 for premium or overtime hours worked e No Employee covered by this agreement shall make or be required to make any contribution whatsoever to said Fund SECTION 2 ANNUITY FUND a The Employer agrees to pay monthly into the Sheet Metal Workers Annuity Fund for each Journeyperson for each hour worked under this agreement as follows August 1 2022 1025 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT b Contributions under this Section 2 Article IX shall be made for all hours worked at the rates specified in this Section without increasing those rates by time and a half 112 for premium or overtime hours worked SECTION 3 APPRENTICESHIP ANNUITY FUND a The Employer agrees to pay monthly into the Sheet Metal Workers Annuity Fund for each Apprentice for each hour worked under this agreement at the percentage of the Journeypersons contribution rate AS 55 A6 60 22 A7 65 AB 70 A9 75 Al0 80 August 1 2022 thru July 31 2025 BASED ON JOURNEYPERSONS WAGE RATE b Contributions under this Section 3 Article IX shall be made for all hours worked at the rates specified in this Section without increasing those rates by time and a half 112 for premium or overtime hours worked SECTION 4 SHOP PRODUCTION WORKER ANNUITY FUND a The Employer agrees to pay monthly into the Sheet Metal Workers Annuity Fund for each Shop Production Worker for each hour worked under this agreement as follows EFFECTIVE DATE CONTRIBUTION PER HOUR August 1 2022 increase as set forth in Article V Section 8 c August 1 2023 increase as set forth in Article V Section 8 c August 1 2024 increase as set forth in Article V Section 8 c b Contributions under this Section 4 Article IX shall be made for all hours worked at the rates specified in this Section without increasing those rates by time and a half 112 for premium or overtime hours worked SECTION 5 401K PLAN Effective January 1 2020 and subject to the Trustees of the SMART Local 137 Annuity Fund Fund amending the Annuity Plan to include a 401k component to permit employee elective deferrals to the Plan the employers agree to deduct from employees wages 401k contributions that have been authorized in writing by the employee and to timely remit those employee contributions to the Fund Such contributions are to be remitted to the Fund in accordance with applicable IRS guidance andor Plan policies andor Plan provisions Failure to withhold and remit authorized contributions may result in contribution assessments to the employer andor ceasing employment of affected employees The employers failure to remit salary deferrals in accordance with applicable IRS guidelines may result in excise taxes assessed against the employer by the IRS The determination of such taxes and preparation of 23 related filings is the responsibly of the employer It is the intention of the parties that the Fund preserve its Safe Harbor status and that employer contributions made to the Annuity Fund pursuant to this agreement will not be less than 3 of the employees wages or such other percentage set by the Internal Revenue Code It is agreed that employees will not be permitted to defer contributions that exceed the maximum annual amounts set forth in the Internal Revenue Code The Trustees of the Fund have sole power and authority to administer the Plan including the 401k component and to construe and interpret the terms of the Plan including the terms regarding the 401k component SECTION 6 APPRENTICESHIP TRAINING FUND a The Employer agrees to pay monthly into the Unions Apprenticeship Training Fund for all Journeypersons for each hour worked under this agreement as follows August 1 2022 374 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT b The Employer agrees to pay monthly into the Unions Apprenticeship Training Fund for all Apprentices for each hour worked under this agreement at the percentage of the Journeypersons contribution rate Al 35 A6 60 A2 40 A7 65 A3 45 AS 70 A4 50 A9 75 AS 55 Al0 80 August 1 2022 thru July 31 2025 BASED ON JOURNEYPERSONS WAGE RATE cThe Employer agrees to pay monthly into the Unions Apprenticeship Training Fund for all Shop Production Workers for each hour worked under this agreement as follows August 1 2022 increase as set forth in Article V Section 8 c August 1 2023 increase as set forth in Article v Section 8 c August 1 2024 increase as set forth in Article V Section 8 c 24 SECTION 7 LOCAL 137 SCHOLARSHIP FUND The Employer agrees to pay monthly into the Local 137 Scholarship Fund for all hours worked for all Journeypersons and Shop Production Workers as follows August 1 2022 Ju1y 31 2025 010 per hour worked ARTICLE X SECTION 1 NATIONAL PENSION FUND The following contributions shall be reported each month to SHEET METAL WORKERS NATIONAL BENEFITS FUNDS as per the requirements of the Board of Trustees SECTION 2 NATIONAL PENSION FUND Article X Section 2 relates to the Employers obligation to contribute to the National Pension Fund NPF or Fund The Parties have adopted the NPF s First Alternative Schedule and the Employer agrees to contribute consistent with the timing and amount of Contribution Rate increases set forth in the First Alternative Schedule which the parties will attach hereto The First Alternative Schedule and the Funds Trust Document are incorporated by reference into and form part of this Agreement The Employer will increase its NPF Contribution Rate on or before the date and in the amount required in the First Alternative Schedule a For the duration of this Agreement and any renewals or extensions thereof the Employer will contribute to the NPF the negotiated rate per this Agreement including the First Alternative Schedule or any increased amount included in subsequent agreements for each hour or part of an hour for which an Employee covered by this Agreement receives the basic hourly wage rate Contributions for those hours paid at time and one half or double time rates will be made to the Fund at one and onehalf 112 or two 2 times the hourly Contribution Rate respectively unless contributions for all other funds in this Agreement are limited to straight time contributions for all hours worked Contributions are required for vacation time sickness absences and other hours for which payment is made to the employees under this Agreement unless all other funds under this 25 Agreement do not require payment for hours for which a Covered Employee is paid but does not perform services b Contributions shall be paid starting with the employees first day of Covered Employment as defined by the Fund c All contributions shall be made at such time and in such manner as the Trustees require The Trustees have the authority to have an auditor audit the Employers payroll wage job or project records for the purpose of determining the accuracy of contributions due to the Fund If the audit reveals that inaccurate contributions or insufficient contributions have been made the Employer agrees to pay all auditors fees incurred in making the audit and also all legal fees and costs incurred in collecting audit fees if judicial enforcement of this provision is necessary d Employers shall submit a remittance report and the required contributions to the Fund Office by the twentieth 20th of the month following the month when Covered Employment was performed Failure to pay and timely file a report constitutes a delinquency in violation of the Employers obligation under this Agreement the Trust Document and ERISA The Trustees may take whatever steps they deem necessary including legal action and termination of the Employer to collect such delinquent payments any provisions of this Collective Bargaining Agreement to the contrary notwithstanding e The Employer shall transmit contributions and remittance data electronically via the National Benefit Funds secure online Internet Payment System IPS accessible at www smwnbf org Contact the IPS Support Team via email at ipssmwnbforg or by calling 8002314622 f The Employer agrees to pay monthly into the National Pension Fund for each hour worked for all Journeyperson as follows August 1 2022 1787 per hour paid August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT h The Employer agrees to pay monthly into the National Pension Fund for each hour worked for all Apprentices as follows STATUS Al A3 AS CONTRIBUTION RATE 40 50 60 STATUS A2 A4 A6 CONTRIBUTION RATE 45 55 65 26 A7 A9 70 80 AB AlO 75 85 August 1 2022 thru July 31 2025 BASED ON JOURNEYPERSONS WAGE RATE h The Employer agrees to pay monthly into the National Pension Fund for each hour worked for all Shop Production Workers as follows EFFECTIVE DATE CONTRIBUTION PER HOUR August 1 2022 increase as set forth in Article V Section 8 c August 1 2023 increase as set forth in Article V Section 8 c August 1 2024 increase as set forth in Article V Section 8 c i Contributions under this Section 2 Article X shall be made for all hours worked at the rates specified in this Section without increasing those rates by time and a half l12 for premium or overtime hours worked SECTION 3 INTERNATIONAL TRAINING INSTITUTE The Employer agrees to pay monthly into the INTERNATIONAL TRAINING INSTITUTE for each hour worked for all Journeyperson s Apprentices and Shop Production Workers as follows August 1 2022 002 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT SECTION 4 SMWIA SCHOLARSHIP FUND The Employer agrees to pay monthly into the SHEET METAL WORKERS INTERNATIONAL ASSOCIATION SCHOLARSHIP FUND for each hour worked for all Journeypersons Apprentices and Shop Production Workers as follows August 1 2022 001 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT SECTION 5 SMOHIT OCCUPATIONAL HEALTH FUND The Employer agrees to pay monthly into the SHEET METAL OCCUPATIONAL HEALTH INSTITUTE TRUST for each hour worked for all Journeypersons Apprentices and Shop Production Workers as follows August 1 2022 002 per hour worked August 1 2023 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT 27 August 1 2024 TO BE ALLOCATED BY MEMBERSHIP PURSUANT TO CONTRACT ARTICLE XI SECTION 1 PAYMENTS OF BENEFITS The Employer shall electronically report hours when available and make all payments to the Insurance Fund the Annuity Fund the Apprentice Training Fund the Local 137 Scholarship Fund and the National Pension Fund the International Training Institute and the SMWIA Scholarship Fund except where otherwise indicated are to be made no later than the tenth 10th day of each month for the preceding month Should the Employer fail to make such payments within the required time the Union shall have the right to take the same steps to enforce payment as it would in case of a failure to pay wages including the right to order the Employees to stop working In such case the Employees shall on their returning to work be paid by the Employer for the time lost by them during the work stoppage Additionally if legal action is necessary to enforce the payment of contributions to the Funds the Employer shall pay the sums set forth by the Employee Retirement Income Security Act of 1974 as liquidation damages SECTION 2 All monies paid into the Funds shall be deposited in a bank and shall be kept separate from all funds of the Union and shall be drawn against as is required for current operating expenses and to pay benefits as they become due and payable Surplus funds may be invested in securities as directed by the Trustees governing such funds SECTION 3 The Trustees shall have the right to reduce the Insurance andor Retirement benefits only if it can be shown that the contributions made to the Insurance or Retirement Fund by the Employer are insufficient to meet such benefits by the Insurance or Retirement Funds The Employer shall be bound by all of the terms and conditions of all of the Agreements and Declarations of Trust and any plans there under with respect to all of the aforementioned Funds and by all bylaws regulating each of said Funds 28 The Employer does acknowledge that heshe has received copies of the various and respective Agreements and Declarations of Trust and any Plans there under pertaining to the aforementioned Funds SECTION 4 For the purpose of this Section the Union shall be deemed a covered Employer and each of their paid Employees shall be covered Employees of the Funds The Union shall contribute on behalf of its covered Employees in the same manner as any other covered Employer of the Funds Covered Employees of the Union shall be entitled to receive when eligible such benefits as are available to other covered Employees of said Funds SECTION 5 Upon request the employer will provide when available electronically in native form to the Funds Compliance Auditor the auditor all books and records which the auditor determines are necessary to determine if contributions have been made in accordance with this Collective Bargaining Agreement Such records may include payroll ledgers individual earnings records of all employees the employers general ledgers cash disbursements contracts with subcontractors invoices canceled checks certificates of insurance bills of lading final tax forms certified payroll s corporate dissolution papers proof of coverage on companys medical andor retirement plan and check stubs time cards or such additional books or records of the employer that the auditor in their professional judgment deem necessary to enable them to determine that contributions have been made timely and accurately Such records shall also include all of the aforementioned records of any other business entity which is affiliated with the employer and has employed persons who have performed the same or similar type of work as the employees of the employer or which is part of a group of trades or businesses under common control as that term is used in 2 9 U S C 13 0 1 b 1 All audits and collection activities shall be performed in accordance with the Funds Compliance Audit and Collection and Delinquency Policies Upon request the employer shall forward the pertinent records to the auditor or make the records available to the auditor for inspection at a location in the New York Metropolitan Area If an employer maintains its books and records outside the New York Metropolitan Area and refuses to or cannot make such books and records available for inspection within the New York Metropolitan Area then the employer must reimburse the Funds for all fees and expenses incurred 29 by the Funds in connection with the auditors travel to the location at which the records are produced for inspection regardless of whether the audit reveals a delinquency Failure of the Employer to make records available to the auditor shall constitute a breach of this Agreement and upon ten 10 days written notice to the Employer the Union notwithstanding anything to the contrary contained in this Agreement shall have the right to strike and remove its members from the job or jobs of such Employer until the Employer makes the records available to the auditor and also pays the employees who are on strike their regular rate of pay and benefits for all time lost during such strike In addition to liabilities noted in Article 5 Section 6 a an Employer who violates the subcontracting provisions of the Agreement shall be liable to the Sheet Metal Air Rail and Transportation Workers Local Union 137 Funds for the fringe benefit contributions due on work performed by its subcontractor Incorporation Clause Each of the Agreements Declarations and Rules and Regulations of the Sheet Metal Air Rail and Transportation Workers Local 137 Funds Trusts referred to in Article 11 Sections 12345 and 6 hereof shall be deemed incorporated by reference into this Agreement and made a part hereof SECTION 6 In the event a dispute arises in connection with the meaning interpretation application of the fringe benefit provisions audit findings or the alleged violation of the Employers obligation to make required fringe benefit contributions pursuant to this Agreement or in connection with any rule or procedure of the Trustees of any of the Funds affecting collection of contributions to the Funds or distribution of receipts to employees such dispute shall be submitted for final and binding determination to either Stephen F OBeirne or JJ Pierson as the Impartial Arbitrator The use of Arbitrators will alternate with the first dispute being heard by Arbitrator Pierson If for any reason an Arbitrator is incapacitated or for any other reason is unable to act expeditiously he shall designate a substitute Arbitrator The Arbitrator shall have all the powers granted to arbitrators pursuant to the Civil Practice Law and Rules of the State of New York and shall be authorized to compel the production of books and records involved in a dispute The decision rendered by the Impartial Arbitrator shall be final and binding on the Employer the Union and the Funds The expense of the arbitration procedure shall be borne equally by the 30 Employer and the Funds except that if collection is made pursuant to an arbitration award such decision shall contain a directive that the Employer pay the actual cost of an audit if any used to establish the indebtedness plus the arbitration fee and costs and expenses as determined by the Arbitrator plus reasonable attorneys fees in the amount of twentyfive percent 25 of the indebtedness in delinquency cases which amount the parties agree is a reasonable collection charge and reasonable attorneys fees determined by the Arbitrator in failure andor refusal to submit to an audit cases and in addition thereto interest at the rate of ten percentl0per annum and liquidated damages of twenty percent 20 of the payments due to said Funds which amounts shall be paid to the Trustees of said Funds It is recognized and agreed that the Funds have had and continue to have an independent right to submit such disputes to the Impartial Arbitrator ARTICLE XII SECTION 1 JURISDICTION Jurisdictional controversies affecting or involving parties to this Agreement shall be settled in accordance with the provisions and intent of Agreements between the Sheet Metal Workers International Association and other National or International Unions directly involved or by decisions rendered by regularly constituted authorities recognized by the Sheet Metal Workers International Association SECTION 2 Nothing contained in this Article shall apply to any controversy or dispute arising out of any notice or change or termination of this Agreement as provided in Article XV thereof ARTICLE XIII SECTION 1 STEWARDS The Union has the right to appoint one of its members as a Shop Steward whose duties shall be to see that both parties conform to the terms of this Agreement The Employer shall be notified in writing of the name of the Shop Steward in its shop immediately upon appointment being made a It is understood and agreed that the properly designated Shop Steward shall be the last person laid off provided and only provided 31 that the subject Shop Steward has the ability and capability to perform all usual routine shop tasks b In no event shall the Shop Steward be accorded this right above the working Foreman it being the intention that the Foreman in any and all events shall be the last person laid off c The Union Labels as furnished by the Union shall be placed upon all work manufactured fabricated or built by members of the Sheet Metal Workers Union by the Shop Steward and such Union Labels shall be in the custody of the Shop Steward It shall not be considered a violation of this agreement in the event that a Shop Steward fails to affix the Union Label In addition there shall be placed upon such work the Employers imprint SECTION 2 GRIEVANCES In the event the Employer or the Union who are parties to this agreement shall assert a claim for damages resulting to it because of an alleged breach of this Agreement by the other party or any act of the other party which would give rise to cause of action for damages such claims shall be handled and disposed of in the following manner a Such claims shall be presented by the claimant to the other party in writing within ten 10 days of the knowledge of the commission of the act or acts upon which such claim is based b A conference shall be held within five 5 days from the date of such written notice for the purpose of attempting to dispose of and settle such claim by negotiation c If such claim is not settled within ten 10 days from the presentation of such claim in writing the same shall be submitted to the American Arbitration Association d The decision of the Arbitration Board shall be final and binding upon the parties and both parties agree that pending such decision there shall be no cessation of work by strike or lockout by either party to this Agreement with the losing party agreeing to bear all expenses of such grievance e It is understood and agreed that this Article shall not apply to claims for damages arising between any individual Employee or Employees covered by this Agreement and the Employer f It is further understood and agreed that in the event a claim for damages arises out of a jurisdictional dispute between the Union 32 and any other labor organization or labor organizations any decision as to jurisdiction arrived at in accordance with the provisions of ARTICLE XIII SECTION 2 of this Agreement shall be binding upon the parties hereto SECTION 3 CLAIMS AND LIABILITIES It is understood and agreed that the Employer will not hold the Union liable in damages for the acts of any Employees covered by this Agreement whether individually performed or performed in concert with other Employees unless actually authorized or ratified by Business Manager and or Business Representatives sole agents designed by the Union possessing authority to bind the Union in connection with the handling of disputes and the making or maintaining of Agreements relating to rates of pay rules or working conditions or in the recommendation or direction of any course of conduct on the part of Employees in the furtherance of any collective bargaining process in which the parties hereto may be involved Should the Union change the agent or agents designated by it notice of such change shall be communicated in writing immediately to the Employer In consideration of the foregoing Agreement by the Employer it is agreed by the Union that in the event any Employee or Employees subject to this Agreement engage in any acts which if authorized or ratified by the Union would be contrary to law or inconsistent with provisions of this Agreement it will use its best effort to prevail upon such Employee or Employees to cease and refrain from the continuance of such acts SECTION 4 It is understood and agreed without admitting liability with respect to any other acts specified herein that it shall not be considered a breach of this Agreement whether authorized or ratified by the Union or not for any or all Employees covered by this Agreement to a Refrain from crossing a picket line established by any Union in the course of any dispute between such Union and the Employer or any other Employer but this shall not otherwise affect the obligation of the Union and the Employees to not strike picket or boycott the Employer during the term of this Agreement b At any time refuse to work during the commission by the Employer of any unfair labor practice as defined in the Labor Management 33 Act of 1947 or during the continuance of any breach of this Agreement by the Employer ARTICLE XIV SECTION 1 All parties hereto mutually agree to cooperate fully in every legal and proper way to establish and maintain in the Sheet Metal Electric Sign Industry and within the territory in which they operate a code of ethics and fair practice which will ensure compliance with the specific terms of this Agreement and to direct their efforts individually and collectively as circumstances may warrant and justify to the elimination of unfair competition and restrictive practices SECTION 2 SAFETY a It is agreed that safe and healthy working conditions shall be observed at all times b All mechanical equipment shall be maintained on a regular basis so as to insure the safe and proper operation c It is agreed that all rigging equipment be kept in the highest standard set forth by the Manufacturer d It is agreed that no vehicle shall be driven if the inspection or registration sticker is not up to date and affixed properly e It is agreed that at no time shall a boom truck andor crane be operated unless a valid inspection sticker acknowledging the worthiness of the boomcrane has been obtained and properly displayed andor in the possession of the operator At no time shall a boomcrane truck be permitted to operate without all required safety equipment such as but not limited to cones warning danger signs andor any other safety equipment required by the manufacturer or applicable laws f Only a licensed operator shall operate all boomcranes g At no time shall a boomcrane be operated without a proper load chart h It is mutually agreed that all Federal State City and Local Municipalities Safety standards be observed at all times i The Union shall have the right to inspect all signs andor their components for safety 34 j All signs and their components shall be built and erected in a safe manner and shall bear the Unions Orange safety label k It shall not be considered a breach of this agreement if employees covered by this agreement refuse to handle unsafe products that do not bear the Unions Orange safety label 1 At no time shall a swing or suspended Scaffold crew be less than three competent employees Any scaffold that requires manual or mechanical davit or projecting trolley type systems must consist of a minimum of 4 four competent employees m The refusal of an employee to work on or with any equipment that the employee considers unsafe or not in good operating condition shall not be the basis for discharge or any other disciplinary action by the employer n What is commonly known in the industry as a flex face the following minimum crew sizes shall apply On all flex faces which are commonly known as 14×48 there shall be a minimum of 3 three employees per crew On all flex faces which are 1200 square feet or greater the crew size shall be determined by the safety and condition on the job site o Any and all rigging of scaffolding including but not limited to safety cables devices and other safety apparatuses for the installations servicing and removal of the signage described in ARTICLE I section 2 shall be the exclusive work of Local Union 137 except for those cases where rigging and safety devices exist pThe parties agree to recommend to the Trustees of the International Association of Sheet Metal Air Rail and Transportation Workers Local Union 137 Apprenticeship Training Fund that they adopt and implement the Controlled Substance and Alcohol Abuse Policy Policy which covers CDL and NonCDL employees and has been negotiated between Sheet Metal Air Rail and Transportation Workers Local Union 137 and the Greater New York Sign Association hereinafter referred to as the Employer Should any dispute arise with respect to the application or implementation of this Policy between workers employed pursuant to the collective bargaining agreement between the parties such disputes shall be submitted to the grievance and arbitration provision of the agreement 35 This Policy is negotiated and implemented pursuant to the requirements of the Federal Highway Administration United States Department of Transportation Rules and Regulations on controlled substance testing for commercial motor vehicle drivers hereinafter DOT Regulations This Policy shall apply to all members of the bargaining unit SECTION 3 TICKETS Tickets incurred by an employee caused by or as a result of employers are the responsibility of the employer Said tickets will be paid in a timely manner In the event an employee is forced to lose time from work the employer will compensate the employee for lost time SECTION 4 LICENSE AND CERTIFICATION RENEWALS Any Employee who validates the necessity to obtain or renew a license or certification will be compensated 20000 for the day This will be granted once per year SECTION 5 Should the Union knowingly allow its members to work for competitors of the Employers for a wage less than the wage established by the Agreement then the wages and conditions contained in this Agreement shall immediately be changed to conform to the more favorable conditions as shown to exist This clause shall not apply to the first eighteen 18 months of an initial agreement made by the Union in organizing a nonunion shop SECTION 6 All provisions of this Agreement shall continue in force and effect beginning with August 1 2022 and for a period ending July 31 2025 and shall continue in force and effect year to year thereafter unless either party shall desire to change and shall file notice in writing of changes desired at least ninety 90 days prior to July 31 2025 or in any subsequent year ending July 31st and the established wage scales and conditions specified herein shall continue in force and effect pending negotiation of any proposed changes suggested by either party 36 IN WITNESS WHEREOF the parties hereto have hereunto set their hands qnd seals the first 1st day of August 2022 UNION International Association of Sheet Metal Air Rail and Transportation Workers Local Union 137 5002 5th Street Suite A Long Island City NY 11101 Dante Dano PresidentBusiness Manager Scott Schrecgonost Vice President Signs B y AtCILnt lhovgy1tJiLFotiadis Business Representative By Q bS Q cs Peer Scaglione Financial Secretary awrence Brown North Shore Neon LLC By4114 Br goli ie Mauceri Sign Lighting auceri Sign and Awning 37 Greater New York Sign Association REPRESENTING GOING SIGN CO INTERBORO SIGN MAINTENANCE NATIONAL MAINTENANCE INC NORTH SHORE LLC ULTIMATE SIGNS DESIGNS CAPPELLI ERECTORS INC MAUCERI SIGNS AWNINGS FM 95 First Media 95 38 ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT In accordance with our Standard Form Collective Bargaining Agreement Article IV Section la and bboth parties agree to the following The above Union a Start Time between 600 AM and 800 AM b Lunch Time between 1100 AM and 1200 PM annot be changed without written permission from the I Associa ion of Sheet Metal Air Rail and Transportation Workers Local Union 137 39 ADDENDUM TO THE COLLECTIVE BARGAINNING AGREEMENT The International Association of Sheet Metal Air Rail and Transportation Workers Local Union 137 hereinafter Union and The Greater New York Sign Association Employers having reached agreement to modify their Collective Bargaining Agreement for the period August 1 2022 to July 31 2025hereinafter Agreement or CBA and further agree to adopt this Addendum to ensure the safety of its members while securing additional work opportunities The terms of the CBA shall apply to all work performed except as modified by this Addendum ARTICLE 1 SCOPE AND CONDITIONS Section 11 CERTIFICATION AND LICENSING REQUIREMENTS A member who acquires Journeypersons status on or after February 1 2017 hereinafter referred to as New Journeyperson will be required to obtain and possess the following certifications and licenses New York City Department of Buildings supported scaffold certification New York City Department of Buildings 16 hour suspended scaffold user certification NCCCO crane certification NCCCO hand signal certification NCCCO riggers certification CDL B drivers license and an OSHA 30 certification 40 Section 12 WAGE PROGRESSION A member who acquires Journeypersons status on or after February 1 2017 and has failed to complete all the required certification and licensing requirement referenced in Section 11 shall be paid wages pursuant to the following delayed wage schedule 06 712 1324 Months 85 of Journeypersons wage rate Months 90 of Journeypersons wage rate Months 95 of Journeypersons wage rate If by the 25 th month the New Journeyperson has not acquired the specified licenses or certifications heshe shall receive 100 of Journeypersons wage rate In addition if at any time the new Journeyperson acquires all of the specified licenses and certifications they shall immediately receive 100 of the journeypersons wage rate Section 13 FRINGE BENEFITS A member who acquires Journeypersons status on or ater Febrary 1 2017 will receive 100 of the Journeypersons benefit package at all times By Dante Dano Jr IJ Ke Going PresidentBusiness Manager P esident GNYSA 41
