STANDARD FORM
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
INTERNATIONAL ASSOCIATION OF
SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS
LOCAL UNION #137
50-02 5th STREET
LONG ISLAND CITY, N.Y. 11101
and
THE GREATER
NEW YORK
SIGN ASSOCIATION
August 1, 2025
TO
July 31, 2028
table of contents
UNION RECOGNITION 3,4
DISCRIMINATION, UNION SECURITY, 5
PROBATIONARY PERIOD 5,6,7
DUES-CHECK OFF, PAL FUND 7,8,9
WORK DAY 9,10
INCLEMENT WEATHER, PAID HOLIDAYS 10,11
VACATIONS, PAID TIME OFF 11,12,13
SICK LEAVE, NO SHIFT WORK AND CBA SUPREMACY, WORK RULES, HAND TOOLS
13,14,15
TRANSPORTATION, SUB-CONTRACTING, SHOP FABRICATION
JOURNEYPERSON/APPRENTICE/SHOP PRODUCTION WORKER RATIO 15,16
SIGN ERECTOR/APPRENTICE RATIO, OWNER-MEMBER, FOREMAN 17,18
TRAVEL TIME, OUT OF TOWN WORK, PREVAILING WAGES 18,19
WAGE ALLOCATON, WAGE RATES, PAYMENT OF WAGES 20,21,22
LAY-OFF/PAY OFF, DISABILITY INSURANCE
COMPENSATION INSURANCE, INSURANCE FUND 22,23,24
ANNUITY FUND, APPRENTICE ANNUITY,
SHOP PRODUCTION WORKER ANNUITY, 401K PLAN 24,25
APPRENTICESHIP TRAINING FUND, LOCAL 137 SCHOLARSHIP FUND 25,26
NATIONAL PENSION FUND, INTERNATONAL TRAINING INSTITUTE,
SMWIA SCHOLARSHIP FUND, SMOHIT OCCUPACTIONAL HEALTH FUND 27,28,29
PAYMENT OF BENEFITS 30,31,32,33
JURISDICTION, SHOP STEWARDS 33,34
GRIEVANCES, CLAIMS AND LIABILITIES 34,35
EMPLOYER UNION OBLIGATIONS SAFETY, TICKETS,
NOTIFICATION OF CHANGE IN AGREEMENT 36,37,38,39
SIGNATURES, GREATER NEW YORK SIGN ASSOCIATION MEMBERS 40,41,42
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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, re-conditioning, adjustment, alteration, repairing,
servicing and maintenance of all interior and exterior/outdoor 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 layout, 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 and/or wide flange beams, tube steel and/or 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
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installation of upper support structures used to support the sign
face(s) including catwalks, ladders, rails and any and all substitute
signage or materials used in lieu thereof and any other identification
system whether interior or exterior/outdoor 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
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 flagmen are required, the Employer shall employ either
Union-referred apprentices (A1-A6) 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.
(e) The position of Lift Director shall be recognized as
jurisdictional under the International Association of Sheet Metal, Air,
Rail and Transportation Workers Local Union #137. Accordingly, union
members of SMART Local 137 shall be designated as Lift Directors on
all jobsites where such a role is required for signage installation or
other work governed by Article 1 Section 2 of this collective bargaining
agreement.
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.
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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.
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)
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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.
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 Workers 1 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.
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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.
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 President/Business
Manager and/or 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 CHECK-OFF)
(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, 2025 – $ 6.74 per hour worked
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
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August 1, 2027 – 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 journeyperson’s 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
A5 (55%) BASED ON JOURNEYPERSONS CONTRIBUTION RATE
A6 (60%) BASED ON JOURNEYPERSONS CONTRIBUTION RATE
A7 (65%) BASED ON JOURNEYPERSONS CONTRIBUTION RATE
A8 (70%) BASED ON JOURNEYPERSONS CONTRIBUTION RATE
A9 (75%) BASED ON JOURNEYPERSONS CONTRIBUTION RATE
A10 (80%) BASED ON JOURNEYPERSONS CONTRIBUTION RATE
August 1, 2025- July 31, 2028
(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, 2025- increase as set forth in Article V, Section 7 (c)
August 1, 2026- increase as set forth in Article V, Section 7 (c)
August 1, 2027- increase as set forth in Article V, Section 7 (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, 2025- $ .12 per hour worked.
August 1, 2026- TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027- 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
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August 1, 2025 – July 31, 2028 $0.12
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 (1^) for premium or overtime
hours worked.
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 A.M. and 8 A.M. 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 (1/2) hour lunch break between the hours of
11:00 AM and 12:00 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 ^) 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 ^) the regular wage rate.
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(e) All hours worked on paid holidays shall be paid at the
rate of time and one half (1 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 the
regular wage rate, the employee will be given the opportunity to work
their regular work day.
(g) Any employee who works (8) eight hours of labor within
the same shift at the rate of one and one half (1 ^) times the regular
wage rate shall remain at the rate until the shift ends.
(h) Any employee who works (8) eight hours or more at one and
one half (1 ^) times the regular wage rate must receive a (8) eight¬
hour break before beginning another shift.
(i) Only on projects covered by a Project Labor Agreement(“PLA”),
the Union may permit the Employer to adjust the start time from the
shop’s standard hours, without adversely affecting members. If a job
site mandates a different start time, the workday shall begin at that
time provided it is between 6 AM and 8 AM and the Employer secures written
confirmation from the project owner or client. The workday will still
consist of a full eight (8) hour shift, and no member shall suffer any
loss of pay, benefits, or working conditions as a result. The Union
retains exclusive authority to determine the applicability and
interpretation of this provision.
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 YEAR’S DAY
2. PRESIDENTS DAY
3. MEMORIAL DAY
4. INDEPENDENCE DAY
6. COLUMBUS DAY
7. ELECTION DAY
8. THANKSGIVING DAY
9. THE DAY AFTER
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(a) Any Employee who has worked for three (3) months or more
for the same Employer and is laid-off 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
day’s 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.
(d) Members may switch one paid holiday for another within
the same calendar year if the majority of active members within the
shop approve. The shop steward oversees the vote and must notify the
union in writing within two business days of the vote detailing both
the original and substitute holidays. Only one substitution is allowed
per Employer each year, and the process must follow established
procedures outlined in this section.
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
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) with pay at their regular wage
rate prevailing as of August 1st on the CBA increase; the PTO shall be
accrued between January 1st and December 31st.
(a) The first trimester of PTO shall be based on the
earning period from January 1st through April 30th. The second trimester
of PTO shall be based on the earning period of May 1st through August
31st and the third trimester shall be based on the earning period of
September 1st through December 31st. An Employee shall receive their
PTO wages in their next regularly scheduled paid period or upon lay¬
off or termination of employment. Each Employee must take their PTO as
accrued, and the 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
twenty-one (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 twenty-five-year Journeyperson has
accumulated twenty-five (25) days of PTO. Any additional days of PTO
greater than twenty days (20) 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.
(e) Apprentices and Shop Production Workers shall accrue
paid PTO as follows;
The first trimester of PTO shall be based on the earning period from
January 1st through April 30th. The second trimester of PTO shall be
based on the earning period of May 1st through August 31st and the third
trimester of PTO shall be based on the earning period from September
1st through December 31st. An Employee shall receive their PTO wages in
their next regularly scheduled paid period or upon lay-off or
termination of employment. Each Employee must take their PTO as accrued
and the 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.
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Where an Apprentice or Shop Production Worker has not been employed for
the full PTO-earning 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 at their regular wage rate as follows:
Status Paid Time Off
A1&A2 5 Days
A3&A4 5 Days
A5&A6 10 Days
A7-A10 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 Percentage of Gross Wages
First year of employment 5 Days
Second year of employment 10 Days
Fifteenth year of employment 15 Days
(2%)
(4%)
(6%)
SECTION 6. (SICK LEAVE)
The Union expressly waives any right to paid sick leave for the
employees covered by this agreement as set forth in any legislation
enacted by the City of New York.
SECTION 7. (No Shift Work and CBA Supremacy)
(a) No Shift Work
The Employer agrees that no employee covered by this Collective
Bargaining Agreement (“CBA”) shall be scheduled or required to perform
work on a shift basis, unless explicitly agreed to in writing by both
parties.
(b) Supremacy of the CBA
This Collective Bargaining Agreement shall prevail over any provisions
within any PLA to which the Employer is subject. In the event any PLA
contains provisions in conflict with the terms of this CBA, the CBA
shall control.
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(c) Plausible Preemption by PIA
If, notwithstanding Section2 (supremacy of the CBA), a PLA is legally
determined to supersede or override any term of this CBA:
(i) All employees affected by such PLA provisions shall
receive, for any hours worked or conditions governed by the PLA,
compensation at time and half rates on their fringe benefits.
(ii)- Employees shall additionally be paid any wage
differential provided under the PLA.
(d) Non-Waiver
Any contrary provision in a PLA or other agreement purporting to waive
or diminish the rights afforded under this Article is hereby declared
null and void.
SECTION 1. (WORK RULES)
ARTICLE V
(A) On a shop-to-shop basis, in slack times the work shall
be distributed among the employees equally, the union
shall have the right to require that any and all
employees who have accrued vacation time shall be
required to take the accrued time off, before any
distribution of work, with the exception of 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.
(B) When using workforce tracking apps to log shifts or
monitor jobsite progress, the Employer shall supply all
necessary devices. Employees are prohibited from using
personal devices for these workforce tracking apps,
unless employees agree to use their personal devices.
SECTION 2.
The Employer shall employ at least two (2) Journeyperson’s
for fifty-two (52) weeks each year. If the Employer shall have no work
available for two (2) Journeyperson’s, the Employer may apply to the
Business Manager of Local 137 who may at his/her discretion, grant a
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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).
SECTION 4. (HAND TOOLS)
Journeypersons shall provide
necessary hand tools, except that when
right and left Aviation shears shall be
themselves with the following
Employees are required to use
supplied by the Employer.
FABRICATORS
30′ Tape
Bullpen Hammer
2 Screwdrivers
(Straight & Phillips)
Combination Square
Scriber
Awl
Open Wrenches 7/16-3/4
Vise grip
SECTION 5, (TRANSPORTATION)
ERECTORS APPRENTICES
30′ Tape 30′ Tape
Claw Hammer
2 Screwdrivers
(Straight & Phillips)
Open-end wrenches 7/16-3/4
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:
Coat/Jacket..$125.00 Clothing....$125.00
Shoes. ….$125.00 Kit of Tools $275.00 (Fabricator)
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$200.00 (Erector)
$ 25.00 (Apprentice)
SECTION 6.
The Employer agrees to keep the shop in the best sanitary
condition as possible.
SECTION 7. (SUB-CONTRACTING)
(a) The Employer agrees NOT to Sub-Contract 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 FABRICATION/JOURNEYPERSON/APPRENTICE/SHOP 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 Journeypersons/Apprentices/Shop Production Workers in a ratio of
two (2) Journeypersons 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
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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 $10,000 under Section 301(c)(2) of the Labor
Management Relations Act, 29 U.S.C. § 186(c)(2).
(b) The Union will employ upon request by an employer, Shop
Production Workers in accordance with the ratio set forth in this
agreement.
(c) Shop Production Workers will be hired at thirty-six (36%)
percent of the Journeyperson’s package for their first year of
employment. Shop production workers shall receive a six (6%) percent
increase for the second year of employment, and an eight percent (8%)
increase for the third year of employment, capping at fifty percent
(50%) of the Journeyperson’s package for employment thereafter.
(d) The Union shall provide a minimum of three years of
comprehensive sheet metal fabrication training for newly hired Shop
Production Workers in accordance with the JATC training program.
Assignment of Shop Production Workers will adhere to the Journeypersonto-Apprentice ratio specified in the collective bargaining agreement
for Shop Production Workers ratios, unless the President/Business
Manager grants written approval to temporarily adjust the ratio to gain
additional fabrication work. Under no circumstances shall the Employer
displace any Journeyperson or Apprentice because of operating outside
the prescribed ratio.
SECTION 9. (SIGN ERECTOR JOURNEYPERSON/APPRENTICE 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) owner-member shall be permitted to work with the
tools, and at no time shall and the owner-member be included in any
journeyperson/apprentice ratios stated herein.
(b) Any owner-member working with the tools of the trade shall
pay the minimum of (170) one hundred seventy hours per calendar month
17
to all fringe benefit programs under the respective collective
bargaining agreement; provided however, that if the owner-member 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
collective-bargaining agreement.
SECTION 11. (FOREMAN)
The employers agree there shall be a shop foreman in charge at the shop
and 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 flagmen, the flag person shall not be included in the crew
size for foreman eligibility.
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 shop/job at starting
time and from shop/job 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 not to exceed forty (40) hours.
(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 A4 apprentices shall be reimbursed
up to $30.00 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 recipes for travel expenses.
18
(e) Any employee driving a vehicle from shop to jobsite or from
jobsite to shop shall be paid in accordance with Article IV herein.
Any employee not given a jobsite before quitting time on the prior day
shall be paid his regular wage as a passenger, at no time shall they
exceed Forty (40) regular hours.
(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 (Work Day). While
traveling within the jurisdictional claims of Local 137, passenger shall
not exceed Forty (40) regular hours while traveling.
(b) On all out of town work the Employer shall pay traveling
expenses.
(c) When Employees are traveling outside the jurisdictional claims
of Local 137, they shall be paid in accordance with Article IV Section
1 (Work Day).
(d) On all out-of-town work the Employer shall pay all room fees,
but only upon presentation of receipts for the same, plus a maximum of
$75.00 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 and/or 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
19
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.
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, 2025- $4.24
August 1, 2026- $3.97
August 1, 2027- $4.29
Both parties agree that any of the following taxable amounts will be
allocated by the Membership for 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:
20
EFFECTIVE
August 1,
August 1,
August 1,
WAGES PER HOUR
$62.00
BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
DATE
2025
2026 – TO
2027 – TO
(b) A foreman in charge shall be paid in addition to the minimum
wage rate for a Journeyperson, the following amounts.
EFFECTIVE DATE WAGES PER HOUR
$9.00
ALLOCATED BY MEMBERSHIP, PURSUANT
August
August
1,
1,
2025
2026 TO BE
TO CONTRACT
August 1, 2027 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT
TO CONTRACT
(c) The minimum wage rate for Apprentice’s shall be as follows:
Al (35%) A6 (60%)
A2 (40%) A7 (65%)
A3 (45%) A8 (70%)
A4 (50%) A9 (75%)
A5 (55%) A10 (80%)
August 1, 2025 thru July 31, 2028 – 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
and/or 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, 2025-
August 1, 2026-
August 1, 2027-
increase as set
increase as set
increase as set
forth in Article
forth in Article
forth in Article
V, Section 7 (c)
V, Section 7 (c)
V, Section 7 (c)
21
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 lay-off.
(b) At no time shall employees be required to pay for check
cashing services, unless the Employer provides check-cashing service at
no cost to the employee, and such services are not utilized by the
employee.
(c) There shall be at least a twenty-four (24) hour notice given
to the Union of any layoff, excluding Saturdays, Sundays and Holidays,
except for conditions beyond the control of the Employer and/or 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
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 24 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 date of the expiration
of the insurance policy.
22
ARTICLE IX
SECTION 1. (INSURANCE FUND)
(a) The Employer agrees to pay monthly into the Union’s Insurance
Fund for all Journeypersons, the following hourly amounts:
August 1, 2025 – $ 19.10 per hour worked
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
(b) The Employer agrees to pay monthly into the Union’s Insurance
plan each hour worked for all Apprentices as follows:
STATUS CONTRIBUTION RATE
Al 35% OF JOURNEYPERSON CONTRIBUTION RATE
A2 40% OF JOURNEYPERSON CONTRIBUTION RATE
A3 45% OF JOURNEYPERSON CONTRIBUTION RATE
A4 50% OF JOURNEYPERSON CONTRIBUTION RATE
A5 55% OF JOURNEYPERSON CONTRIBUTION RATE
A6 60% OF JOURNEYPERSON CONTRIBUTION RATE
A7 65% OF JOURNEYPERSON CONTRIBUTION RATE
A8 70% OF JOURNEYPERSON CONTRIBUTION RATE
A9 75% OF JOURNEYPERSON CONTRIBUTION RATE
A10 80% OF JOURNEYPERSON CONTRIBUTION RATE
(c) The Employer agrees to pay monthly into the Union’s Insurance
Fund for all Shop Production Workers, the following hourly amounts:
EFFECTIVE DATE CONTRIBUTION PER HOUR
August 1, 2025- increase as set forth in Article V, Section 7 (c)
August 1, 2026- increase as set forth in Article V, Section 7 (c)
August 1, 2027- increase as set forth in Article V, Section 7 (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 (l4^) 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.
23
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, 2025 – $ 11.00 per hour worked
August 1, 2026- TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – 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 (1^) 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 journeyperson’s contribution rate.*
A5 (55%)
A6 (60%)
A7 (65%)
A8 (70%)
A9 (75%)
A10 (80%)
August 1, 2025 thru July 31, 2028 – 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 (1^) 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, 2025- increase as set forth in Article V, Section 7 (c)
August 1, 2026- increase as set forth in Article V, Section 7 (c)
24
August 1, 2027- increase as set forth in Article V, Section 7 (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 (1^) 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 401(k) component to permit employee elective deferrals
to the Plan, the employers agree to deduct from
employees’ wages 401(k) 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 and/or Plan
policies and/or Plan provisions. Failure to withhold and remit
authorized contributions may result in contribution assessments to
the employer and/or ceasing employment of affected employees. The
employer’s 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 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 401(k)
component, and to construe and interpret the terms of the Plan,
including the terms regarding the 401(k) component.
SECTION 6. (APPRENTICESHIP TRAINING FUND)
(a)The Employer agrees to pay monthly into the Union’s
Apprenticeship Training Fund, for all Journeypersons, for each hour
worked under this agreement as follows:
August 1, 2025 – $ 3.77 per hour worked
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
25
(b)The Employer agrees to pay monthly into the Union’s
Apprenticeship Training Fund, for all Apprentices, for each hour worked
under this agreement, at the percentage of the Journeyperson’s
contribution rate:
Al (35%) A6 (60%)
A2 (40%) A7 (65%)
A3 (45%) A8 (70%)
A4 (50%) A9 (75%)
A5 (55%) A10 (80%)
August 1, 2025 thru July 31, 2028 – BASED ON JOURNEYPERSONS WAGE RATE
(c)The Employer agrees to pay monthly into the Union’s
Apprenticeship Training Fund, for all Shop Production Workers,
for each hour worked under this agreement as follows:
August 1, 2025- increase as set forth in Article V, Section 7 (c)
August 1, 2026- increase as set forth in Article V, Section 7 (c)
August 1, 2027- increase as set forth in Article V, Section 7 (c)
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, 2025 – July 31, 2028 $ 0.10 per hour worked
26
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 Employer’s 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 Fund’s 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 one-half (1^), 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
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 employee’s 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 Employer’s 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
27
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 Employer’s 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 ips@smwnbf.org or by
calling 800-231-4622).
(f) The Employer agrees to pay monthly into the National Pension
Fund for each hour worked for all Journeyperson as follows:
August 1, 2025 – $18.23 per hour paid
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – 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 CONTRIBUTION RATE STATUS CONTRIBUTION RATE
Al (40%) A2 (45%)
A3 (50%) A4 (55%)
A5 (60%) A6 (65%)
A7 (70%) A8 (75%)
A9 (80%) A10 (85%)
August 1, 2025 thru July 31, 2028 – 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, 2025- increase as set forth in Article V, Section 7 (c)
August 1, 2026- increase as set forth in Article V, Section 7 (c)
August 1, 2027- increase as set forth in Article V, Section 7 (c)
28
(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 (1^) 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 Journeypersons,
Apprentices and Shop Production Workers as follows:
August 1, 2025 – $ 0.02 per hour worked
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – 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, 2025 – $ 0.01 per hour worked
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – 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, 2025 – $ 0.02 per hour worked
August 1, 2026 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
August 1, 2027 – TO BE ALLOCATED BY MEMBERSHIP, PURSUANT TO CONTRACT
29
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 and/or
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 by¬
laws regulating each of said Funds.
The Employer does acknowledge that he/she has received copies of
the various and respective Agreements and Declarations of Trust and any
Plans there under pertaining to the aforementioned Funds.
30
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
employer’s 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 company’s medical and/or
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 29 U.S.C. § 1301(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
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.
31
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 1,2,3,4,5 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 Employer’s 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 Roger Maher or J.J. 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
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
32
determined by the Arbitrator, plus reasonable attorneys’ fees in the
amount of twenty-five 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
and/or refusal to submit to an audit cases, and in addition thereto,
interest at the rate of ten percent(10%)per 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
that the subject Shop Steward has the ability and capability to perform
all usual routine shop tasks.
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(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 event 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 Employer’s 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
and any other labor organization or labor organizations, any decision
as to jurisdiction arrived at in accordance with the provisions of
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ARTICLE XIII; SECTION 1 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
Act of 1947, or during the continuance of any breach of this Agreement
by the Employer.
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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 insure 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 and/or crane
be operated unless a valid inspection sticker acknowledging the
worthiness of the boom/crane has been obtained and properly displayed
and/or in the possession of the operator. At no time shall a boom/crane
truck be permitted to operate without all required safety equipment,
such as but not limited to; cones, warning (danger) signs, and/or any
other safety equipment required by the manufacturer or applicable laws.
(f) Only a licensed operator shall operate all boom/cranes.
(g) At no time shall a boom/crane 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 and/or
their components for safety.
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(j) All signs and their components shall be built and erected in
a safe manner and shall bear the Union’s 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 Union’s 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 1,200 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.
(p)The 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 Non-CDL 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.
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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.
(Q) There shall be no interior facing dash cameras and no interior audio
recording devices allowed inside the work truck. Any interior facing
dash cameras shall have camera’s covered and audio recording disabled.
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.
Members are required to follow anti idling best practices—including
shutting off engines during breaks or non-work situations but are
allowed to idle during extreme weather conditions (heat waves or frigid
temperatures) when necessary for safety. However, they shall not be
disciplined or held personally liable for any forms of idling tickets,
moving violations or any tickets issued to the employer. Enforcement
actions and fines shall not affect members’ records or compensation,
and the union and employer commit to promotion of compliance through
education and equipment investments.
SECTION 4 (LICENSE AND CERTIFICATION RENEWALS)
Any Employee who validates the necessity to obtain or renew a
license or certification will be compensated $ 200.00 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 non-union shop.
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SECTION 6.
All provisions of this Agreement shall continue in force and
effect beginning with August 1, 2025 and for a period ending July 31,
2028, 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,
2028, 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.
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and seals the first (1st) day of August 2025.
UNION: International Association of Sheet Metal, Air, Rail
and Transportation Workers, Local Union 137
50-02 5th Street, Suite A
Long Island City, NY 11101
President/Business Manager Business Representative
Scott Schrecgonost
Vice President
Peter Scaglione
Financial Secretary
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Greater New York Sign Association, REPRESENTING:
A.M.A Holding INC.
FM 95 (First Media 95) DBA New York city Master signs hanger LLC.
GOING SIGN ’usr –
INTERBORO SIGN & MAINTENANCE.
MAUCERI SIGN SYSTEMS LLC.
NATIONAL MAINTENANCE INC.
NORTH SHORE LLC.
ULTIMATE SIGNS & DESIGNS.
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ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT
In accordance with our Standard Form Collective Bargaining Agreement,
Article IV, Section 1(a) and (b)both parties agree to the following:
(a) Start Time G >
(between 6:00 AM and 8:00 AM)
(b) Lunch Time .w
(between 11:00 AM and 12:00 PM)
The above time cannot be changed without written permission from the Union.