AGREEMENT OF WORKING
CONDITIONS BETWEEN
THE INSULATION
CONTRACTORS ASSOCIATION
OF
NEW YORK CITY INC.
AND
THE INTERNATIONAL
ASSOCIATION OF HEAT AND
FROST INSULATORS AND
ALLIED WORKERS
LOCAL NO. 12
OF NEW YORK CITY
2020-2024
TABLE OF CONTENTS
ARTICLE!. TERRITORY 3
ARTICLE II. EXCLUSIVE BARGAINING AGENT 3
ARTICLE III. CLASSIFICATIONS 3
ARTICLE IV. HOURS OF WORK 4
ARTICLE V. MANNING 4
ARTICLE VI. HOLIDAYS AND OVERTIME 6
ARTICLE VII. SETTLEMENT OF DISPUTES 7
ARTICLE VIII. SUBCONTRACTING 9
ARTICLE IX. PAY RATES AND PROCEDURES 10
ARTICLE X. UNIFORM EXPENSE SYSTEM 13
ARTICLE XI. JURISDICTION OF WORK 13
ARTICLE XII. EMPLOYMENT PRACTICES 13
ARTICLE XIII. BONA FIDE SHOP 14
ARTICLE XIV. PIECEWORK 14
ARTICLE XV. DURATION AND TERMINATION 14
ARTICLE XVL SEVERABILITY AND SAVINGS CLAUSE 14
ARTICLE XVII. SHOPSTEWARD 14
ARTICLE XVIII. VIOLATION OF AGREEMENT 15
ARTICLE XIX. AUDITING 16
ARTICLE XX. LABOR MANAGEMENT COMMITTEES 17
ARTICLE XXL PRE-APPRENTICESHIP PROGRAM 18
ARTICLE XXII. AJEF 18
ARTICLE XXIII. WORK AND SAFETY METHODS 18
ARTICLE XXIV. CORPORATE PAPERS 20
ARTICLE XXV. INSURANCE AND OTHER COVERAGE 20
ARTICLE XXVI. WAGE and FRINGE GUARANTEE BONDS and CLIENT ESCROW ACCOUNT 20
ARTICLE XXVII. MISCELLANEOUS 21
ARTICLE XXVIII. FAVORED NATIONS CLAUSE 21
ARTICLE XXIX. LANGUAGE OF AGREEMENT 22
ARTICLE XXX. EARNED SICK TIME WAIVER 22
2
This AGREEMENT, made and entered into this 1st day of October, 2020, by and between THE
INSULATION CONTRACTORS ASSOCIATION of New York City, Inc. (“Association”), as party of the
first part and THE INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS LOCAL NO.
12 OF NEW YORK CITY (“Union,” “Local No. 12”, or “Local 12″) as party of the second part. Wherever
the words “Employers” or “Members of the Insulation Contractors Association” appear in the following
Agreement, the said words shall be deemed to apply to the party of the first part to the extent such words
are applicable.
Wherever the word “Employee”, “Member” or “Union Member” appears, it shall mean a person
employed by an Employer under the terms of this Agreement.
ARTICLE I. TERRITORY
These provisions shall be binding upon each of the respective signers individually and as
members of their respective organizations within the five (5) Boroughs of greater New York, also within
Nassau and Suffolk Counties, Long Island, and surrounding islands. The Employer further agrees that
on all operations outside of the chartered territory of the Union, they will abide by the rates of pay, rules
and working conditions established by collective bargaining agreement between the local Insulation
Contractors and the local union in that jurisdiction. Employers may send a Mechanic (Job foreman) to
run the job. In the event of insufficient supply of local labor in that territory, the Employer may send such
additional Employees as may be necessary. Such Employees shall receive, in addition to transportation
costs, the highest wage package of either Local 12 or the local they are sent to. This wage package is to
include wages, board allowance and all fringe benefits. All benefits shall be paid to the Local 12 fringe
benefit funds (“Funds”).
ARTICLE II. EXCLUSIVE BARGAINING AGENT
1. The Employer recognizes Local No. 12 as the exclusive bargaining agent for Mechanics,
Apprentices, Newly Organized Members, and Pre-Apprentices who perform any of the duties as
prescribed in Article XI hereof. Such Mechanics, Apprentices, Newly Organized Members and Pre¬
Apprentices are in this agreement sometimes referred to as “Employees.”
2. Recognition standard acknowledged by the National Labor Relations Board 9A Language:
It is mutually agreed, understood and acknowledged that the Heat and Frost Insulators and Allied
Workers Local Union No. 12 is the sole and exclusive bargaining representative of all Employees covered
by this Agreement. Upon the Union’s Request for recognition as majority representative, the Employer
verified the evidence presented by the Union demonstrating that the Union represents an uncoerced
majority of the Employer’s Insulation Employees. Based on this clear and unequivocal demonstration of
majority support, the Employer recognizes the Union as the sole and exclusive bargaining representative
and acknowledges that the Union represents a majority of employees employed to perform bargaining
unit work.
ARTICLE III. CLASSIFICATIONS
1. Association Employers will be provided the first opportunity to employ all Newly Organized
Members by any method of the “bottom up” organizing policies. Organizing members is the responsibility
of the Business Manager, as noted in Article XXI Section 10 of the International Association of Heat and
Frost Insulators and Allied Workers Constitution and Bylaws. The primary objective of new “bottom up”
organizing is to capture non-union market share.
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2. “Bottom up” organized members shall be tested by the Apprentice Coordinator for the proper
placement into the Union. Upon placement, the Newly Organized Member shall be assigned into the 2nd,
3rd, or 4th year apprentice class. When placed into the program, they may work alone on a job site. On
prevailing wage job sites, Newly Organized Members placed into the apprentice program may work
alone, but shall be paid the A Mechanic rate.
Pre-Apprentices shall be drug tested within ninety (90) days of employment.
ARTICLE IV. HOURS OF WORK
1. The regular workday shall be seven (7) hours, with lunch period from 12:00 Noon to 12:30 p.m.
There shall be a flexible starting time between six (6:00) a.m. and eight (8:00) a.m. with the appropriate
time adjustment for lunch period. Once a job starts at that flexible time, it cannot revert back to the non¬
flexible start time. Employees who refuse to work the 6:00 a.m. flexible start time may be assigned to
another job site and this action will not be considered cause for dismissal. All work performed during
lunch period shall be paid for at a double (2x) time wage rate.
2. No Employer will condone or suggest working through lunch or permit early deliveries without
paying the Employee the appropriate Overtime Rate.
3. A shop shall not regularly work all its Employees less than the normal workweek unless it notifies
Local No. 12, Holidays being the exception.
4. At the discretion of the Employer, an eighth hour at straight time may be worked, when no more
than two (2) employees are on the job site, not to exceed two (2) total days for duration of project. Alleged
abuses of this provision will be resolved pursuant to Article VII below. These hours and any additional
overtime hours must be reported by the Employer and the Employee before they start the extra time
using the toll-free number 1-(877) UNION12 or 1-(877) 864-6612.
5. A shift clause will be used in the following manner: Seven (7) hours per day shall constitute a
day’s work and thirty-five (35) hours per week, Monday to Friday, inclusive, shall constitute a week’s
work. The regular starting time shall be from 6 a.m. to 8 a.m.; lunchtime shall be 12 p.m. (noon) to 12:30
p.m.; quitting time shall be 1:30 p.m. thru 3:30 p.m. When shifts are required, the first shift shall work
seven (7) hours at the regular straight time rate. The second and third shifts shall work seven hours at
the regular straight time rate plus a fourteen (14%) percent wage and benefit premium. A thirty (30)
minute lunch period shall be mutually agreed upon by the Job Superintendent and the Union
Representative and shall not be considered as time worked. An Employee working a regular workday is
not eligible for a second or third shift.
ARTICLE V. MANNING
1. Ratios of Mechanics and Apprentices:
(a) The ratio of Mechanics and Apprentices may equal, but not exceed one (1) Apprentice of any
class to one (1) Mechanic in the shop.
(b) Subject to the provisions set forth herein regarding certain work, the ratio of Mechanics and
Apprentices on public work may equal, but not exceed, one (1) Apprentice of any class to
three (3) Mechanic in the shop. In addition, each member of the Association shall be provided
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the first opportunity to employ the new 1st year Apprentices when new classes start in the fall
of each year (provided that an Association member’s shop does not exceed the ratio of 1:1).
(c)
| (i) | On jobs other than PLAs, Industrial or Prevailing Wage, a Fourth (4th) year Apprentice may work alone on a one (1) person job, or with another Fourth (4th) or Third (3rd) year Apprentice on a two (2) person job, for a maximum of 45 man-days each. First (1st) year Apprentices may not work alone, but must work in the company of a |
| (ii) |
Mechanic, except they may work with Fourth (4th) year Apprentices on Renovation
Plumbing Jobs in the outer boroughs of New York City, Nassau and Suffolk Counties,
excluding Industrial Facilities and Sewage Treatment Plants.
| (iii) | Second (2nd), Third (3rd) and Fourth (4th) year Apprentices may work alone on Firestop and Fireseal jobs or when unloading and distributing materials. |
(d) At the Business Manager’s discretion, Local 12 may approve ‘‘reverse mechanic to
apprentice ratio” on mixed trade job sites employing both union and non-union workers. This
will not apply to PLA or Prevailing Wage projects, with exceptions made under a “Schedule
B provision of a PLA.”
(e) Mechanics and Apprentices may be on jobs with a 1 to 1 ratio on Dormitories, Nursing
Homes/Assisted Living Facilities, Apartment Buildings, Two Story and Garden Style
Apartments.
2. Ratios of Pre-Apprentices to Other Classifications of Workers
(a) There shall be a classification of worker called pre-apprentice. Candidates for the Pre¬
Apprentice Program shall be drawn from City, State and National Direct Entry programs,
traditional organizing, and employer sponsorship.
(b) Each Pre-Apprentice shall receive five (5) points toward his or her application for the Local 12
Apprentice Program after 2200 hours worked. After completion of 3500 hours of work, a Pre¬
Apprentice shall either join the next regularly scheduled First (1st) year Apprentice class or
his or her employment and status as a Pre-Apprentice shall be terminated.
(c) Association Employers may employ a Pre-Apprentice as their fourth (4th) employee, and may
employ one (1) Pre-Apprentice for every eight (8) employees (other entities may employ a
Pre-Apprentice as their sixth (6th) employee, and may employ one (1) Pre-Apprentice for
every ten (10) employees). The work rules applicable to Pre-Apprentices shall be identical to
those applicable to First (1st) year Apprentices, except that Pre-Apprentices may not work on
Industrial projects or prevailing wage jobs. Pre-Apprentices may work on PLA jobs only with
the permission of the Local 12 Business Manager.
(d) The total wage and benefit package for a First (1st) year Pre-Apprentice shall be $24 per hour
in wages and $6 per hour in Welfare Fund contributions. Second (2nd) year Pre-Apprentices
shall be paid $26 per hour in wages and $6 per hour in Welfare Fund contributions. If the
Union and Employer Trustees to the Welfare Fund agree that additional money is needed for
the Welfare Fund for Second (2nd) year Pre-Apprentices, a mutually agreed upon amount of
the $2 wage increase shall be allocated to the Welfare Fund. Pre-Apprentices shall not be
eligible to participate in any other Local 12 fringe benefits.
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3. Supply of Labor
Local 12 agrees to supply qualified Heat and Frost Insulators to the Employers within a 72-
hour period upon receipt of a written request.
4. Shop Superintendent:
(a) The Shop Superintendent may be a Local 12 member in accordance with Article XVI of the
Constitution and By-Laws of the International Association of Heat and Frost Insulators. All
Superintendents must have a letter from their Employer on file with the Union, which
designates them as a Superintendent, and the Union will forward a copy to the Trade Board
Attorney and Association Executive Director.
(b) A Superintendent represented by Local 12 will be able to do “walk-downs,” move personnel,
set up jobs, move material, work as an Employee as designated in Article XI of this Agreement,
and must make contributions to the Funds and pay dues to the Union for a minimum of 140
hours per month.
5. Owner Operator:
(a) For the purpose of this Agreement, Owner Operator means a member of Local 12 who owns
a portion of the signatory contractor, whether directly, or indirectly (such as through a spouse,
brother, etc.) or through a subterfuge.
(b) Persons deemed “Owner Operators” shall be required to receive from the Employer, wages
(at the applicable rate as set forth in this Agreement), and to make contributions into the Local
12 Benefits Funds (at the then-applicable contribution amounts) for a minimum of 40 hours
per week for 48 weeks each calendar year, irrespective of the number of hours they perform
work on a job site. (If an Owner Operator performs bargaining unit work in excess of 40 hours
per week in any workweek, he/she must receive wages and pay benefits for all hours worked.)
The minimum wage/contribution requirement shall remain in effect unless and until the OwnerOperator is withdrawn as a union member (even if he/she ceases working with the tools of the
trade.).
6. Disabled Employees:
Employers shall endeavor to give employment to disabled or partially incapacitated Employees
wherever practicable.
ARTICLE VI. HOLIDAYS AND OVERTIME
1. Wages and benefits for all labor in excess of the “regular” workday (7 hours unless otherwise
provided for in a PLA) is to be paid on a time and one-half basis Monday through Friday, and for all hours
worked on Saturdays. All time worked on Sundays and holidays will continue to be paid at a double (2x)
time rate on wages and benefits. The observed holidays are: New Year’s Day, Martin Luther King Day,
President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day,
Thanksgiving Day, the day after Thanksgiving and Christmas Day. No work shall be performed on Labor
Day, except in special cases of emergency and then only when triple (3x) time is paid.
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2. When existing Holidays fall on a Saturday or Sunday, they will be observed on an alternate day
(either Friday or Monday) in accordance with the rules of the Federal Government.
3. Whenever Weekend Overtime is worked there shall be a minimum of five (5) hours worked at the
time and one-half (1,5x) time rate on all Saturdays, or the double (2x) rate on Sundays and Holidays. The
hours worked shall be between seven (7:00) a.m. and twelve (12:00) p.m. only, or by prior approval by
the Business Manager or Business Agent. Preference for overtime must be given to all Employees
currently employed by that employer, before being offered to any other Local 12-represented employee.
Union employees may not work weekend overtime for any Employer for which the Union employee did
not work during the preceding work week, if there are 15 or more members on the Local 12 Membersout-of-work-list.
4. Preference for overtime shall be given to the Employee on the job working for that Employer.
5. On all job sites that go on overtime work for two (2) weeks, the third (3rd) week and thereafter all
overtime will be distributed equally between all Local 12 members on the job working for that Employer.
6. Refusal to work overtime will not be cause for dismissal.
ARTICLE VII. SETTLEMENT OF DISPUTES
1. There shall be a Joint Trade Board consisting of five (5) members of the Insulation Contractors
Association and five (5) members of the Union. It is expressly understood by and between the parties
hereto that the Union and the Association may, at their sole discretion, appoint individuals to the Joint
Trade Board who also serve as trustees of the Funds (“Fund Trustees”). Nothing herein shall preclude
such dual appointments and the parties expressly acknowledge and waive any and all actual or perceived
conflicts that may arise as a result of said appointments. The Joint Trade Board shall:
(a) Resolve grievances between the Union, any Employer as the parties to this Agreement.
A grievance is any question, complaint, alleged violation, or dispute arising out of and related to this
Agreement during its term, provided that neither a trade jurisdictional dispute (which must be resolved by
the New York Plan for the Settlement of Jurisdictional disputes) nor an alleged violation of the nostrike/no-lockout provision of this Agreement shall be considered a grievance; and
(b) investigate suspected violations of the terms and conditions of this Agreement by the
parties to this Agreement (other than grievances, as defined above), and for this purpose shall have the
right to summon, question, and examine any party to this Agreement, or their representatives or agents
and the Joint Trade Board shall further have the power to conduct a hearing to determine whether a
violation of this Agreement has occurred and issue an award to remedy such violations.
2. Except as set forth in Section 8 below, all grievances shall be filed, if at all, with the Co-Chairs of
the Joint Trade Board within thirty (30) days after the date on which the grieving party became sufficiently
aware of the facts and circumstances constituting the grievance or should have become sufficiently aware
with reasonable diligence.
3. Except as set forth in Section 8 below, all matters subject to the jurisdiction of the Joint Trade
Board, including grievances, shall be resolved without any strike, work stoppage, slowdown, lockout or
other disruption of work.
4. The Union is required to report all alleged contract violations to the Co-Chairs of the Joint Trade
Board, who shall promptly notify the Union and the Association, in writing, of such report, including all
available details concerning the alleged violation.
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5. The Joint Trade Board shall be governed by the following procedures:
(a) The Co-Chairman of the Joint Trade Board shall convene a meeting of the Joint Trade
Board upon: (i) the written request of the Union or the Association, to investigate suspected violations of
the Agreement by the parties to this agreement, (ii) the submission of a grievance, or (iii) when it deems
necessary, to fulfill its obligations under this provision. If such meeting is convened on the basis of a
written request or submission of a grievance, it shall be scheduled within five (5) business days of such
written request or submission of such grievance. The Union and the Association shall be notified in writing
of any Joint Trade Board meeting, which shall state the purpose of the meeting.
| (b) | Six (6) shall constitute a quorum, three (3) from each side; neither side shall cast more |
| ballots than the other. | |
| (c) | The vote on all grievances shall be by secret ballot unless otherwise agreed to by all |
| members of the Joint Trade Board present at a meeting or hearing. | |
| (d) (e) |
It shall require a majority vote to carry any question. The Joint Trade Board shall have the power to issue a written award to: |
| (i) | remedy any breach of this Agreement, other than violations of the no-strike/no |
| lockout provisions ofthis Agreement and alleged misassignment of work constituting a trade jurisdictional | |
| dispute; | |
| (ii) | to resolve any grievance, including by requiring the payment of: (1) back pay; (2) |
fringe benefit contributions due and owing to the Funds, plus attendant interest, liquidated damages,
attorneys’ and auditors’ fees and costs, Joint Trade Board expenses of $2,500 and court costs; or (3)
dues owed to the 1 1PF, or the Union, plus attendant interest, liquidated damages, attorneys’ and auditors’
fees and costs, Joint Trade Board expenses of $2,500 and court costs; or
| (iii) | requiring any party to this Agreement to take, or cease, any action or conduct. Such award shall be final and binding on the parties involved, and any party may resort to |
(f) |
| a court of appropriate jurisdiction to obtain relief from, or to enforce such award. 6. Arbitration: |
||
| (a) | Except as set forth in Section 8 below, the Joint Trade Board may elect in its sole |
discretion, by majority vote, to refer a matter to arbitration, rather than conduct a hearing under the terms
ofthis Agreement. The Employer shall have the right to select arbitration in lieu of appearing before the
Joint Trade Board and must so notify the Joint Trade Board via regular and certified mail within ten (10)
days of receipt of a Joint Trade Board demand.
(b) If the Joint Trade Board fails to resolve any matter before it (by issuing a written decision
and order) within fifteen (15) calendar days of a Joint Trade Board meeting, or if any vote of the Joint
Trade Board results in a deadlock (or no majority is achieved), either the Union or the Association or any
Employer may initiate arbitration within five (5) days after the fifteen day resolution period or failed vote,
as the case may be.
(c) The grievance shall be submitted on a rotating basis to either Richard Adelman or Roger
Maher, who shall serve as the Impartial Arbitrator.
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| (d) | If the matter pending before the Arbitrator is a grievance, the Arbitrator shall promptly issue |
| a written decision and order, either denying or affirming the grievance and, if applicable, directing an appropriate award consistent with this Article. |
|
| (e) | If the matter pending before the Arbitrator concerns a suspected violation of this |
Agreement, the Arbitrator shall promptly issue a written decision and order, either denying or affirming
the suspected violation and, direct an appropriate remedy consistent with this Article.
(f) Any decision and order of the Arbitrator shall be binding upon all parties. The Arbitrator
shall have all the power to hear and determine the matter as provided in this Agreement, including without
limitation, the power to order the payment of contributions, dues, interest, liquidated damages, attorneys’
and auditors’ fees, the costs and the fees and expenses of the arbitration.
(g) The Arbitrator’s award shall be final and binding on the parties involved, and any party
may resort to a court of appropriate jurisdiction to obtain relief from, or to enforce such award.
7. Should an Employer fail to comply with the Decision and Award issued by the Arbitrator or the
Joint Trade Board, the Local 12 Business Manager may remove the workers from the Employer until the
Employer has satisfied the judgment or decision issued by the Joint Trade Board or the Arbitrator
pursuant to this Article. Also, a proceeding to confirm the Decision and Award may be filed in New York
State Supreme Court, Nassau County, or in any other court of competent jurisdiction.
8. Grievances between the Association and the Union will proceed directly to arbitration under the
arbitration provisions of this Agreement.
ARTICLE VIII. SUBCONTRACTING
Each Employer recognizes the Union’s desire to retain all work regularly performed for the
Employer and the Union recognizes the Employer’s needs to maintain an efficient operation; therefore,
each Employer will continue to use bargaining unit Employees and not subcontract that work described
in Article XI that has been traditionally and regularly performed by its Employees. The parties further
agree that application of all new thermal insulation that may be a replacement for/or in addition to
materials now being used are recognized as legitimate claims of the trade of Local 12. The Union agrees
not to contract, subcontract or estimate on work, nor allow its membership to do so, nor act in any trade
capacity other than that of workman with the exception described in Article V of this Agreement. It is also
agreed that no member of a firm or officer of a corporation, or their representative or agent, shall execute
any part of the work of application of materials.
For the preservation of work opportunities of Insulators, within the collective bargaining unit, each
Employer within the collective bargaining unit agrees not to subcontract to any person, firm, corporation
or joint venture which is not in a contractual relationship with the Union, any item of work described in
this Agreement, except that each Employer shall have the right to subcontract with any other Employer
with a signed CBA with Local 12 for any work covered by this Agreement. All the work described in this
“No Subcontracting Clause” shall be performed by Insulators and/or Apprentices within the bargaining
unit covered by this Agreement.
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ARTICLE IX. PAY RATES AND PROCEDURES
1. Pay Rates
(a) Mechanic Rate: The Employer agrees to pay “A Mechanics” on all work at the rates set
forth in Appendix A (“A Mechanic Total Package”). There shall be a $1.00 increase effective June 1,
2021, a $1.00 increase on June 1, 2022, and a $1.10 increase on June 1, 2023, to be allocated by the
Union subject to the terms of this Agreement.
| (b) | Effective November 1, 2020, Apprentices shall be paid 40%, 50%, 60% and 70% of the A |
| Mechanic’s Total Package for the first (1st), second (2nd), third (3rd) and fourth (4th) years of class | |
| respectively. (c) |
Off-hour jobs in occupied or retail buildings may be worked on weekdays with an increment |
of one-dollar ($1.00) per hour and eight (8) hours pay for seven (7) hours worked. Double time (2x) will
apply on Sundays or Holidays. Time and one-half shall apply on Saturdays. Employees working day
shifts are not eligible. An Employer must notify the Union by fax or telephone, and an Employee must
notify the Union by the toll-free number 877-864-6612 or 877-UNION12.
(d) All contractors must provide to the Union a notice of layoff, on an official form provided by
the Union, within twenty-four (24) hours of the layoff of an employee.
2. Until the beginning of the week ending Sunday, January 7, 2018, or a date that is practical and
feasible to be determined by the Union and the ICA, each employer shall pay (except expenses) the
applicable amount prescribed in Article IX to the Trustees of the Heat and Frost Insulators Local 12
Funds:
• One (1) check made payable to the Heat and Frost Insulators Local 12 Benefit Funds Operating
Account, for the total amount due to the Welfare Fund of Heat and Frost Insulators Local 12, The
Pension Fund of Heat and Frost Insulators Local 12, The Vacation Fund of Heat and Frost
Insulators Local 12, The Annuity Fund of Heat and Frost Insulators Local 12 and the Apprentice
Journeyworker Education Fund (AJEF) of Heat and Frost Insulators Local 12;
• One (1) check made payable to the Local 12 General Fund for the total amount due for Working
Assessment, International Assessment Fund, Market Recovery Fund and Political Action
Committee Fund, and;
• One (1) check made payable to the Insulation Industry Promotional Fund (“IIPF”) for the total
contribution amount due.
All Benefits shall be paid to the Funds’ office.
3. Effective the beginning the week ending Sunday, January 7, 2018, or a date that is practical and
feasible to be determined by the Union and the Association, all employers shall remit payments to the
Funds’ office using l-Remit software. Employers may voluntarily begin using l-Remit prior to this date by
contacting the Funds’ office.
4. Job Foreman with nine (9) or more Employees shall receive a minimum of one (1) additional hour
at the straight time rate in Wages and Benefits per day.
5. Signatory Employers shall remit monthly payments as follows: All payments due the Funds, the
Union and the IIPF must be made monthly by the Employer. Fund(s) contributions shall be due no later
than 1:00 p.m. of the last day of the month that the Funds’ office is open for business following the month
in which the benefits payments accrued (“Due Date”). An Employer shall be declared delinquent of
payment to the Funds, the IIPF, and the Union if payment is received after 1:00 p.m. on the Due Date,
10
and shall be assessed a 5% late fee for each month the required payments are not made. Partial
payments will be accepted, but the balance will be regarded as delinquent and assessed a 5% late fee.
Employers shall report Fund payments to the Fund Office monthly with payment.
6. The Employer shall be assessed interest on any outstanding monies due at the rate of 18% per
annum, with a minimum interest payment of $100.00 per day, retroactive to the Due Date. This schedule
will be provided by the Fund Office detailing the total payment required inclusive of interest for a period
of 30 days.
7. The day following notification to the Union by the Funds that contributions owed were not paid,
the Union shall notify the Employer that, the following day, no Local 12-represented employees shall be
permitted to work on any job/project that the Employer has within the jurisdiction of Local 12 until all owed
contributions are paid, with interest and penalties, if any. Additionally, all Employees shall be paid lost
wages before being permitted to return to work for that Employer. Such payment shall be made by the
delinquent Employer and shall be limited to two (2) days’ pay. The Co-Chairmen of the Funds shall be
notified of such action.
8. The Funds’ Office shall notify the Employer’s bonding company that the Employer is in default if
all owed contributions are not made by the 15th day of the month following the Due Date.
9. Each Employer will furnish a monthly report of the Employers contributions to the Funds’ Manager
no later than the “Due Date.” Dues check-off reports are due on a weekly basis. The Fund Office shall
send the Employer whose report is delinquent a letter advising him of his delinquency. If the report is not
furnished within ten (10) days of the date of the letter, the Union shall have the right to send in auditors
to make the summary reports and the cost of these audits are borne by the delinquent-reporting
Employer.
10. Each Employer shall be bound by the terms and conditions of the IIPF and the Agreement and
Declaration by and between the Building and Construction Trades Council of Greater New York, the
Building Trades Employer’s Association of the City of New York, and the General Contractors Association
of New York Inc. creating the New York Building and Construction Industry Board of Urban Affairs Fund
and all By-Laws adopted to regulate the Fund.
11. The Union has the right to reallocate contribution amounts as increases or decreases among all
Funds. However, the Union and Association must agree to any and all reallocation that would decrease
the then existing contribution levels of the Pension Fund, Welfare Fund and/or the AJEF before such
reallocation can take effect. The Union has the right to allocate contribution amount increases among
any of the Funds, without the approval of the Association.
12. The Trustees of the Welfare Fund and the Trustees of the Pension Fund are hereby authorized
to allocate irrevocably from time to time to the Pension Fund such portion of the contribution to the
Welfare Fund as such Trustees may determine is necessary to provide for the Pension benefit program
adopted by the Trustees of the Pension Fund. The various funds shall provide benefits to those officers,
business agents and Employees of the Union and of the various Funds, for whose benefit the Union or
the Funds shall pay Employer Contributions to the Funds in the same amounts as are contributed by
Employers on the wages of Employees working a full week.
The sum of $.49 cents per hour paid which was reallocated from the Pension Fund and the AJEF in
July 2014 into the Welfare Fund shall permanently remain reallocated to the Welfare Fund.
13. The workweek shall commence on Monday and end on Sunday 12:00 a.m. midnight and all
mailings ofchecks shall be postmarked no later than 12:00 p.m. noon, Tuesday following. In cases where
the checks are received late the Employer was is in violation by not mailing or hand delivering the check
within the prescribed time and/or if the check “bounces”, the Employer shall be accessed a penalty
11
imposed of $100.00 dollars and/or for the first occurrence to each member affected: $250.00 2nd, $500.00
3rd, in addition to the penalty of one (1) day’s waiting time. When holidays fall on Monday or Tuesday, the
Employer shall mail checks no later than Wednesday 12:00 p.m. noon.
14. Any Union member shall be entitled to request assistance from the Employer in the event they
have difficulty cashing their payroll check or if they have problems receiving a payroll check in the mail.
Such requests shall not be deemed grounds for dismissal. No Employer shall use personal checks to pay
any Union Member for any reason. Every Employer must use their Insulation Contractor Payroll Checks;
any Employer not doing so will be subject to a fine of one thousand-five hundred dollars ($1500.00) or
three (3x) times the infraction whichever is greater.
15. All job sites with six (6) or more Employees, checks will be delivered on the job site by the end of
the regular workday, on Wednesday.
16. The Trade Board shall have the right to prohibit metered mail.
17. Pay stubs or envelopes shall list the following: Overtime hours, single time (1x) hours, gross
wages, expenses, Federal Tax, State Tax, FICA, Disability, Vacation Fund, Union Dues, and show the
month, day and year. Employers found to be habitual offenders in late mailing of checks shall be brought
before the Joint Trade Board. The Joint Trade Board may then direct these Employers to deliver the
checks to the job sites. Any Employer issuing a bounced check for wages or contributions due to the
Funds, within this Agreement, will be charged one hundred dollars ($100) plus bank fees, if an Employer
bounces a check a second time within the contract period, the Employer must make all future payments
by Certified Bank Check.
18. If any Employee is laid off during the workweek, he shall be paid by check on the job site. If
discharged for cause, a check will be sent as per regular payroll cycle. Failing to be paid, the Employee
will be entitled one (1) day waiting time.
19. An Employee must be notified not later than thirty (30) minutes prior to the end of any workday
when terminated or termination should be effective at time of notification. Conversely, the Employee must
notify the Employer not later than 12:00 p.m. noon on the day he is terminating except where there are
extenuating circumstances. Employees who are absent from job site between 8:00 a m. and 12:00 p.m.
noon and between 12:30 p.m. and 3:30 p.m. shall be docked for time absent. Any layoff by the Employer
will require the Employer to notify the Union with a layoff slip and he must also supply the member with
a layoff slip. The slip shall contain the reason for the layoff. Employers shall notify employees of
assignments for job sites not later than 6:00 p.m. for the next work day.
20. Apprentices shall not be eligible for the mechanic’s examination until after having worked for four
(4) years in the trade, in accordance with the Local 12 AJEF Apprenticeship Standards.
21. Employees directed by the Employer to report to a job or shop, who fail to be given employment,
shall be paid two (2) hours show up time plus zone expenses. Show up time on Saturday, Sunday or
Holidays shall be paid at the double time (2x) rate plus zone expenses. In order to qualify for two (2)
hour’s show up time the Employees are required to stay on the job for two (2) hours if requested by the
shop.
22. There shall be a seventy ($.70) cents per hour contribution to the 11PF for Association Members,
and a minimum contribution by every employer of $350.00 per month (irrespective of the hours worked)
except for “job site agreements” effective 7/01/14. Payments into the IIPF shall be made monthly. It is
understood that the seventy ($.70) cents per hour does not conflict with wage guidelines and is not part
of the wage package. Remittance of Five (5) cents per hour will be allocated towards the Labor
Management Cooperative Trust (“LMCT”) and an additional five ($0.05) cents per hour submitted to the
International Apprentice and Training Fund.
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23. The Employer agrees that, upon receipt in writing, it will deduct dues check off in the amount
prescribed by Local 12 from the Employee’s gross wages including the Vacation Fund, PAC Fund, Target
Fund and International Assessment Fund. Such duly executed authorization shall be delivered by Local
12 to the Employer and the Association and shall be in such form and content as is required by federal
and state law. Once the Union receives the dues check from the Employers, the Union agrees to
indemnify and hold harmless the Employer from any claims arising out of the deduction of dues check
off.
ARTICLE X. UNIFORM EXPENSE SYSTEM
Effective 7/1/14 there shall be a new uniform expense system established that pays a Local 12
Member $10.00 per day worked.
Employers shall pay all reasonable expenses incurred by employees traveling from one job site
to another in/during the same day.
Outside of Local 12’s jurisdiction within twenty-five (25) miles from Columbus Circle, expenses
shall be ten ($10.00) dollars per workday minimum. Over twenty-five (25) mile expenses shall be ten
dollars ($10.00) per workday minimum and when men are boarding on jobs, they shall receive all
transportation and boarding expenses expended. Original and terminal travel time to boarding job shall
be paid at single rate of pay.
ARTICLE XI. JURISDICTION OF WORK
This Agreement covers the rates of pay, rules and working conditions of all Mechanics,
Apprentices, Newly Organized Members and Pre-Apprentices covered by this Agreement, regardless of
the location of their employment within the jurisdiction of Local 12, when they are engaged in the
preparation, fabrication, alteration, application, erection, assembling, molding, spraying, pouring, mixing,
hanging, adjusting, repairing, dismantling, reconditioning, maintenance, finishing and/or weatherproofing
of cold or hot thermal and or acoustical insulation with such materials as may be specified when these
materials are to be installed for thermal purposes in voids, or to create voids, or on either piping, fittings,
valves, boilers, ducts, flues, tanks, vats, equipment, fire stops and seals, walls, ceilings, and beams, or
any hot or cold surfaces for the purpose of thermal control. This is also to include all labor connected with
the handling and distribution of all materials and equipment of job premises and all other such work that
is within the jurisdiction of Local 12.
Both parties agree to be subject to the New York Plan for Settlement of Jurisdictional Disputes
under the Building Trades Employers Association and the Building Trades Council of Greater New York.
ARTICLE XII. EMPLOYMENT PRACTICES
Employees shall be considered “at work” for a shop from the time they accept employment and
that they shall proceed to and execute said work in a faithful workmanlike manner and not quit same until
after reasonable notice has been given to the Employer as defined in Article XV.
On all jobs, the Foreman is to receive a written work order from the Employer detailing the scope
of the work to be done. Where a work order is not furnished the work shall be installed according to the
Local 12 Code of Workmanship.
Authorized shop personnel as noted in Article V, Section 6 shall be the only representatives of a
shop to hire or lay off personnel. Since authorized shop personnel are assigned that responsibility, the
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person(s), name(s), and title(s) must be on file in the Local 12 Union Office prior to termination. Any lay¬
off that takes place over the phone is deemed unauthorized.
ARTICLE XIII. BONA FIDE SHOP
Local 12 shall have a permanent office address with telephone service, where their Business
agent or authorized officer can be communicated with between eight (8:00) a.m. and three-thirty (3:30)
p.m. each working day for purpose of answering inquiries and providing necessary service to the trade.
A bona fide shop shall be an office with a telephone listing and name on the door where service to the
trade shall be available between nine (9:00) a.m. and five (5:00) p.m. Effective January 7, 2018, all
Employers are required to keep a functioning email address with the Local 12 Union office and with the
Funds’ office.
ARTICLE XIV. PIECEWORK
Local 12 agrees that there shall be no limitations or restrictions placed upon the individual working
efforts of the Employees. The Employer agrees that there will be no piecework of any kind, with respect
to paid by the foot, square foot, roll or section. Complaints arising from inferior workmanship shall be
referred to the Joint Trade Board and all found contributing to it penalized.
ARTICLE XV. DURATION AND TERMINATION
This Agreement shall begin October 1 , 2020 and remain in full force and effect until midnight of May 31,
2024. Unless written notice is given by either the Union or the Employer to the other at least three (3)
months prior to May 31, 2024 of a desire to change or terminate this Agreement, the Agreement shall
continue in effect for an additional year. The Agreement shall then remain in effect from year to year
thereafter subject to termination at the expiration of any such contract year upon written notice by Certified
Mail/Return Receipt Requested, given by the Union or the Employer to the other at least four (4) months
before the contract year expires. Any such notice provided for in this Article, whether specifying a desire
to terminate or change at the end of the current contract year shall have the effect of terminating this
Agreement at such time. In the event of an economic collapse of the construction market within Local
12’s jurisdiction, Local 12 and the Association reserve the right to open this Agreement once during a
three year period, if mutually agreed that it would benefit the industry.
ARTICLE XVI. SEVERABILITY AND SAVINGS CLAUSE
Any portion of this Agreement found to be in violation of existing Federal or State law shall become
inoperative and the remainder of the Agreement shall continue in full force and effect. If any portion of
this Agreement shall become inoperative, then the parties will negotiate in good faith to address the
provision that is inoperative (and only that provision).
ARTICLE XVII. SHOP STEWARD
1. A job steward shall be a working Employee selected from the employees on the job site. The
Business Agent or the Business Manager shall appoint him. The Employer agrees to allow the Steward
on the job site with six (6) or more men a reasonable amount of time for the performance of his duties.
This time shall not exceed one (1) hour per day.
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2. The Employer shall assign overtime to the job Steward when two (2) or more Employees are
required for such overtime work on jobs with six (6) Employees or more. The job Steward once placed
shall be the second (2nd) to last man on the job.
3. For each month commenced within six months after an Employer first becomes signatory to this
Agreement, the second employee on the job shall be a shop steward appointed by the union from the
long term unemployed unemployment list. The shop steward appointed under this provision shall be the
last employee laid off at the job site. If all employees are laid off, the first employee rehired shall be the
shop steward appointed by the union under this provision (or, if unavailable, a substitute shop steward
appointed by the union from the long-term unemployment list). The employment obligations shall remain
in effect until the shop steward is employed at the job site for no less than 70 hours per month for a period
of six (6) continuous months. Local 12 reserves the sole right to replace a member for any reason.
4. When the Union or the Association believes an Employer is in violation of this Agreement, the
Union or Association will contact the Shop Steward Committee which shall consist of two (2) members
from the Association, and two (2) representatives of the Union, to decide whether the placement of a
shop Steward(s) by the Union is warranted. This Committee will schedule a meeting within two (2)
working days of the complaint.
5. Examples of some violations of this Agreement, not inclusive, will be described in the minutes
and will constitute the intent of this section. If the Shop Steward Committee agrees, the Union will appoint
a Shop Steward who shall be employed by the Contractor regardless of the number of employees in the
shop who shall be employed by the Contractor. The Shop Steward shall be a working Insulator who shall
act on behalf of the interests of the Union and whose duties shall not interfere with the work he is
employed to perform by his employer. The Union will have the right to so designate on any of said
contractor’s jobs for a minimum of three (3) months from the time the permission is granted by the Shop
Steward Committee and is subject to renewal by the Shop Steward Committee. The Shop Steward will
be the second (2nd) to last Local 12 member employed by the shop. When the Employer of a Shop
Steward has any overtime, the Shop Steward must be included in the overtime.
6. If no agreement is reached by the Shop Steward Committee so designated to address placement
of Stewards, the Union’s or Association’s Contractor request to appoint Shop Steward(s), will be
forwarded to the Joint Trade Board for decision. The meeting of the Joint Trade Board shall take place
within fourteen (14) days of the grievance.
7. Each employer agrees that on job sites with two (2) or more Local 12 Employers, the Shop
Steward Committee will decide whether the placement of a job site Steward is warranted. When so
decided the Committee will designate which Employer will receive the job steward. When the job site has
any insulation work to be performed on overtime, the job steward will work for the Employer performing
the overtime. The job steward will be the second (2nd) to last Local 12 member on the job site.
8. When there is a seventh (7th) person (mechanic) on a Multi-Employer job site, there shall be a
Shop Steward assigned to the project. The Member will be selected by the Business Manager or
Business Agent of the territory. The Employer may request a transfer of the Shop Steward to another job
site in cases of business necessity and the Union retains the right to assign another Shop Steward when
the transfer is approved.
ARTICLE XVIII. VIOLATION OF AGREEMENT
1. In order to protect and preserve for the Employees covered by this Agreement all work heretofore
performed by them, and in order to prevent any device or subterfuge to avoid the protection and
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preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on¬
site construction work of the type covered by this Agreement under its own name or under the name of
another, as a corporation, company, partnership, or any other business entity, including a joint venture,
wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly
or indirectly, any management, control or ownership, the terms and conditions of this Agreement shall be
applicable to all such work.
2. All charges of violations of any paragraph of any section of this Agreement shall be considered
as a dispute and shall be processed in accordance with the provisions of this Agreement covering the
procedure for the handling of grievances and the final and binding resolution of disputes. As a remedy
for violations of this Article, the Arbitrator (or arbitral body) provided in this Agreement is empowered, at
the request of the Union, to require an Employer to:
(a) pay to affected Employees covered by this Agreement, including registered applicants
for employment, the equivalent of wages lost by such Employees as a result of the
violations, and
(b) pay into the affected Funds established under this Agreement any delinquent
contributions to such Funds which have resulted from violations, plus interest, liquidated
damages, attorneys’ and auditors’ fees, and costs. Provision for this remedy is available
to the Union for a violation of this section; nor does it make the same or other remedies
unavailable to the Union for violations of other sections or other articles of this
Agreement.
3. If, as a result of violations of this Section, it is necessary for the Union and/or the Funds’ Trustees
to institute court action to enforce an award rendered in accordance with section (b) above, or to defend
an action which seeks to vacate such award, the Employer shall pay any accountant’s, auditor and
attorney’s fees incurred by the Union and/or Fund Trustees, as well as costs of the litigation, which have
resulted from the bringing of such court action.
4. Employers found guilty of conspiring with Union members to violate this Agreement must also pay
a sum equivalent to the fines imposed on the Union member, in addition to Joint Trade Board and/or
arbitration costs including fines, penalties, liquidated damages, audit, accountant and attorneys’ fees,
and be subjected to an annual audit for a mandatory period of no less than three (3) years.
5. Ifthe Audit Subcommittee determines that an Employer willfully violated this Agreement, including
willfully failing to make required payments and/or contributions, the Employer must pay for the cost of the
audit, and will be put on a yearly audit cycle and must pay for the costs of all audits for the following two
years. The audit costs shall include all costs pertaining to the Fund(s) including but not limited to, legal,
accounting and Funds’ office personnel costs and any other cost that may arise during the process of the
audit and the negotiations that follow when an Employer contests the costs. If a settlement is reached,
these costs cannot be waived as part of the settlement.
ARTICLE XIX. AUDITING
1. The Employer shall make available to the auditors of the Funds provided for in this Agreement,
within ten (10) days after written notice is received from the auditors, any and all records which, in the
discretion of the Funds’ Trustees, may be required in connection with the sound and efficient operation
of the Funds or to determine whether the Employer has made the contributions it is obligated to make
pursuant to this Agreement. The Employer shall also make available any and all records of any affiliated
or related company, for inspection and audit, which in the discretion of the Funds’ Trustees may be
required to determine whether the Employer has made the contributions it is obligated to make pursuant
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to this Agreement. Failure of the Employer to make records available to the auditor shall constitute a
breach of this Agreement. 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 shall make the records available to
the auditors and also pays the Employees who are on strike their regular rate of pay for all time lost during
such strike.
2. If, after the service of a ten (10) day demand to comply with the above audit procedures and/or to
pay a delinquency reported in an audit, no response or payment is received, Funds’ Counsel may:
(a) Commence arbitration proceedings to collect the full amount of the contribution
delinquency pursuant to Article VII of this Agreement. If the Employer fails to respond or
appear/participate in the arbitration, the Arbitrator shall issue an award against the delinquent Employer
that will include, where appropriate, the delinquent contributions due to the Funds, arbitration costs,
expenses and penalties of twenty-five hundred dollars ($2,500.00), interest at eighteen percent (18%)
per annum, liquidated damages of twenty percent (20%) of the delinquent contributions, reasonable
attorneys’ fees, and actual court costs and audit costs. If the Employer failed to submit to an audit, the
Arbitrator may direct the Employer to submit to an audit and, in addition, may include in the Award,
additional fees and expenses, including, without limitation, reasonable attorneys’ fees, costs associated
with attempting the audit and the arbitration costs, expenses and penalties described above; or
(b) Serve a Joint Trade Board Demand and Hearing Notice on the Employer, indicating the
amount of the contribution delinquency and the time, date and place of the hearing. Upon written request
of no less than three (3) days prior to a hearing, a one-time postponement may be granted by the Fund(s)
attorneys for a maximum of 30 calendar days. If the Employer fails to respond or appear/participate at
the Joint Trade Board Hearing, a the Joint Trade Board shall issue a decision and award against the
delinquent Employer that will include where appropriate the delinquent contributions due to the Funds,
the delinquent dues due to the Union and the IIPF, Joint Trade Board costs, expenses and penalties of
twenty five hundred dollars ($2,500.00), interest at eighteen percent (18%) per annum of the delinquent
contributions and dues, liquidated damages of twenty percent (20%) of the delinquent contributions and
dues, reasonable attorneys’ fees, and actual court costs and audit costs. The Joint Trade Board will
cause the Decision and Award to be served on the Employer with a demand letter, giving the Employer
ten (10) days to comply with the Decision and Award. If the Employer failed to submit to an audit, the
Joint Trade Board may direct the Employer to submit to an audit and, in addition, may include in its
Decision and Award additional fees and expenses as decided by the Joint Trade Board, including, without
limitation, reasonable attorneys’ fees, costs associated with attempting the audit and Joint Trade Board
expenses as above.
(c) The decision and award of the Arbitrator and the Joint Trade Board shall be final and
binding on the Employer. Should the employer fail to comply with the Decision and Award issued by the
Arbitrator or the Joint Trade Board, the Local 12 Business Manager may remove the workers from the
delinquent Employer until the delinquent Employer makes full payment of all amounts due and owing
under the Decision and Award. Also, a proceeding to confirm the Decision and Award to a Judgment may
be filed in New York State Supreme Court, Nassau County or in any other court of competent jurisdiction.
ARTICLE XX. LABOR MANAGEMENT COMMITTEES
There shall be a Labor/Management Committee to meet quarterly, consisting of (3) Local 12
representatives and (3) Association and or Independent Contractors to review ideas to improve the
industry. This same Committee shall meet quarterly to discuss and help place individuals identified by
the Union as “long-term unemployed.” Ideas to be discussed include, but are not limited to:
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• Job placement for long time unemployed members.
• Providing reduced benefits for long time unemployed members.
• Training for members in the duties of shop stewards, safety and other matters pertaining to the
shop steward clause, Article XVII.
• Job Targeting.
ARTICLE XXL PRE-APPRENTICESHIP PROGRAM
1. A committee shall be convened consisting of any two (2) members of Local 12 and two (2) ICA
members for the purpose of: i) evaluating, monitoring and reviewing the needs of the industry with respect
to the utilization of Pre-Apprentices; ii) recruiting Pre-Apprentices; and iii) evaluating candidates for the
position of Pre-Apprentice. The Committee shall meet monthly and the representatives from Local 12
and the ICA may or may not be different from month to month at any given Committee meeting.
2. The Committee shall recommend to the Local 12 Business Manager site specific relief for open
shop and “421-a replacement” or “the Affordable New York Housing Program” projects. If an Employer
is not utilizing a Pre-Apprentice as intended, it will be addressed by the Committee and appropriate action
will be taken. Upon layoff or termination from the shop, the Local 12 Business Manager shall assign the
Pre-Apprentice.
ARTICLE XXII. AJEF
The Apprentice-Journeyman Educational Fund of Heat and Frost Insulators Local 12 was established
by Agreement and Declaration of Trust (the “Trust Declaration”) dated July 1, 1991 for the purpose of
collecting and administering the Employer Contributions in order to provide the benefits intended thereby
for Employees covered by this Agreement. The required contribution to the Fund shall in all respects be
made in the same manner and method as the other fringe benefit contributions provided for in this
Agreement. Any Employer who enters into a joint venture with another Employer may not reassign any
apprentice to the other’s payroll. Apprentices will not be loaned, traded or hired by any other employer
once they have been assigned by the Business Manager.
ARTICLE XXIII. WORK AND SAFETY METHODS
1. An Employer under this Agreement shall be permitted to perform drug testing (screening) when
such a duty to do so is imposed by law or a specific bid requirement of a utility as defined in the Public
Service Law of the State of New York and then only in strict compliance with said law in particular as to
procedures and safeguards of individual rights and after notice to the Union. There shall be no strike or
lockout in the event that the parties do not reach agreement on the reopening.
2. Both signers agree to execute their work in accordance with the Code of Workmanship as
established by the International Association of Heat and Frost Insulators and Allied Workers Local 12.
3. The Employers agree to furnish lockers or tool boxes, and adequate supplies of ladders,
scaffolding, suitable gloves, staple guns, power tools, pop rivet guns, mechanical lifts, and necessary
equipment for the proper progress of the job must be made available at the job site by the Employer.
Employers shall also supply saws, knives etc., for the proper application of foam glass and all tools as
needed when working with stainless steel. In case of fire on the job site, Employers shall be held
18
responsible for the loss of tools and clothing caused by the fire except that the first ten dollars ($10.00)
of such loss shall not be reimbursable. All claims shall be substantiated. Contested claims shall be
submitted to the Trade Board for adjudication. Failing to supply lockers or toolboxes the Employer will be
held responsible for the loss of any tools or clothing, and the Employee shall be reimbursed for such loss
not later than thirty (30) days after occurrence.
The Employer will furnish a Shanty or Trailer with heat and electricity for projects that require five (5) or
more employees when the project is expected to continue for a minimum duration of sixty (60) calendar
days, so workers can change into and out of their work clothes.
The Employer shall furnish sufficient and non-toxic hand cleaning materials to the Employees.
The Employer will supply men with mixing pails not over a twelve (12) quart capacity.
It is agreed that the Employers will issue to their Employees the respirators specified for use for Asbestos
workers by the Research Team at Mt. Sinai Hospital such as:
• The Model R1040 Dust Demon Throwaway Respirator (single use) by the American Optical Co.
• Model 8710 Respirator by the 3M Co. (single use)
• Model 7165 Respirator by the Welsh Manufacturing Co. (single use).
These masks are for use in locations and under the job conditions as prescribed by OSHA.
4. The shipment of insulating cement in bags or containers shall not exceed fifty (50) pounds. Any
materials over fifty (50) pounds shall have the required manpower for handling.
5. Safety and sanitary regulations as required by OSHA and shall be rigidly adhered to by both
parties to this Agreement.
6. The Employer shall supply all Employees with one (1) pair of coveralls, one (1) pair of footwear
on spray jobs using polyurethane or insulmastic where fifty-five (55) or more gallons is to be applied.
7. There is to be a minimum of two (2) Employees working together on site applying to all Buildings
and Facilities in the Industrial or Steam/Electric Power Generation Plants. No Employee shall be
permitted to work alone. Employees must be in close proximity to each other so that can either hear each
other or be in unobstructed sight of one another. This requirement shall also apply when work is
performed in hazardous conditions such as shafts, hung ceilings, tunnels, confined space crawl spaces,
hazardous roof jobs, and inside annulus spaces of tanks such as L.N.G. etc. and in addition anytime
elevations are twenty-five (25) feet or above. In addition to the above provisions the parties must adhere
to any and all OSHA or site-specific safety codes.
8. Where the Business Manager/Business Agent(s) has a serious concern over a safety issue, the
Business Manager has the right to demand that the Employer arrange to meet on the site within twentyfour (24) hours to review whether the particular area of a job site requires two (2) employees. If the
Employer disagrees with the Business Manager’s request for a second Employee, the particular kind of
work or area of the job believed to be dangerous will be shut down or, in the alternative, the Employer
may assign a second Employee, until the matter is resolved by expedited arbitration, as follows: the
matter will be referred to expedited arbitration as set forth herein solely on the issue of whether a job site
condition poses a serious risk to the safety of an Employee working alone such that a second Employee
is required. A hearing shall be held, and a decision rendered, as soon as possible but in no event more
than forty-eight (48) hours after the Business Manager declares the work or site unsafe for one Employee.
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ARTICLE XXIV. CORPORATE PAPERS
All Employers must have corporation and or ownership papers on file with the Union. The Union will
furnish copies to the Fund Office and the Fund Attorneys.
ARTICLE XXV. INSURANCE AND OTHER COVERAGE
The Employer shall carry Federal Social Security, Workmen’s Compensation Insurance,
Unemployment Insurance and State Disability Insurance to cover each individual Employee. The
Employer shall furnish a rider or Photostatic copies of all necessary Certificates of Insurance.
ARTICLE XXVI. WAGE and FRINGE GUARANTEE BONDS and CLIENT
ESCROW ACCOUNT
1. The Employer shall furnish adequate proof of financial responsibility by maintaining a bond
deposited with the International Association of Heat and Frost Insulators and Allied Workers in
Washington or a proper wage and fringe guarantee bond (bond”), or cash equivalent, on file with the
Funds’ Office. Prior to signing the Collective Bargaining Agreement an Employer must have a Bond or
assets in the Local 12 Client Escrow Account (“C.E.A.”) in place in the following amounts:
| 1 -3 4-6 7- 10 11 – 15 16-25 |
members employed- members employed- members employed- members employed members employed- |
$40,000 bond or $60,000 bond or $85,000 bond or $110,000 bond or $140,000 bond or $180,000 bond or |
$35,000 in the C.E.A.; $55,000 in the C.E.A.; $65,000 in the C.E.A.; $90,000 in the C.E.A. ; $120,000 in the C.E.A. $150,000 in the C.E.A.; |
| 26-40 members employed- |
41 + members employed- $250,000 bond
2. Employers who have been obligated to make contributions to the funds for fewer than 5
consecutive prior years, shall be required to post bonds and/or deposit assets in the C.E.A. at one and
% times (1,5x) the contractual amount.
3. Bond and C.E.A. amounts will be reviewed and adjusted annually, and will be based on the
average number of Employees listed on the Employer’s payroll reports for the preceding calendar year.
If the Employer’s manpower average decreases by the end of the year while maintaining the appropriate
amount of employees below the current bond limit, that Employer may request to have its bond or C.E.A.
requirement adjusted accordingly and the Audit Subcommittee may approve the request, in its discretion,
but only after the Employer has supplied the appropriate documentation to support its request (and such
request shall be made accordingly).
4. An Employer may submit a request to lower the amount of its bond requirement, provided a
satisfactory audit of the employer’s payroll records has been completed by the Funds’ Auditors within the
last thirty (30) days. If an audit has not been completed thirty (30) days prior to the request the Employer
must pay the Funds’ Auditors for the cost of the audit. Any Employer appearing on the delinquent list for
a third (3rd) time must increase its bond or C.E.A. deposit amount to the next level.
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5. Based on hours paid during the pay period, the Local 12 Business Manager has the right to raise
the Employer’s current bond or C.E.A. amount to the next bond or C.E.A. level in order to prevent the
Employer from becoming overexposed to the Funds. The Fund Office will maintain copies of bonds and
records related to the Employer’s C.E.A. and all related records and will enforce the provisions of this
Article. The Employer shall have ninety (90) days to upgrade its bond or increase its C.E.A. deposit after
notification of a revised bond or C.E.A. amount, provided the shop is not delinquent in the payment of
contributions due to the Funds. Employers having an International bond shall secure an additional bond
or C.E.A. in the amount necessary to meet these requirements.
6. Employers failing to post the required bond or C.E.A. will have Employees removed from the shop
until proper bond or C.E.A. is posted. Adjudication of any dispute related to an Employer’s failure to post
the required bond or make the required C.E.A. deposit will be resolved pursuant to Article VII of this
Agreement.
7. An Employer that withdraws from the industry, ceases to have an obligation to contribute to the
Funds becomes insolvent or ceases to do business shall maintain a bond or C.E.A. deposit until a final
audit of the Employer’s books and records is performed by the Funds’ Auditors and all monies due and
owing the Funds and/or Local 12, or any agreed settlement amount, plus any contractual fees and costs,
are paid in full.
ARTICLE XXVII. MISCELLANEOUS
1. International Maintenance Agreements will apply wherever applicable.
2. The Union shall not send Members to any Employer who is not a Collective Bargaining Agreement
signatory, and has not posted an appropriate bond, with the exception of a Job Agreement. The Union
shall furnish a listing of all Job Agreements including job locations and man hours, to the ICA Executive
Director.
3. Local 12 will implement and operate the Market Recovery Program. Employers’ signatory to the
Local 12 Collective Bargaining Agreement must contact the Business Manager at Local 12 to advise him
of the request and the specifics at least one week in advance of the bidding deadline in order to be eligible
to participate in the program. The list of policies and procedures are available from the Local 12 Union
Office.
4. The Co- Chairman of the Board of Trustees shall be notified within five (5) business days when a
new Employer is signed by the Union. All newly signed Employers shall be required to attend a minimum
of one (1) Employer Training Session, to be held by the Insulation Contractors Association of Greater
New York. The Union will provide four (4) Union Orientation training classes by the Union Officers to all
newly organized members during their first year along with an additional four (4) Trade application
classes.
ARTICLE XXVIII. FAVORED NATIONS CLAUSE
1. In the event the Union shall grant or permit any entity engaged in performing work covered by this
Agreement more favorable terms or conditions than those provided for in this Agreement, then one or
more Employers covered by this Agreement may:
(a) Deem such more favorable terms or conditions to be part of this Agreement and/or;
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(b) Require that the Union retroactively retract (from its inception) such more favorable terms
or conditions granted or permitted to such Employer, including the payment of additional wages and
benefit contributions if such more favorable term or condition concerned such payments or contributions.
This clause wll not apply to work performed under approved National Maintenance Agreements, General
President Agreements, or any other industry-wide agreements sanctioned by the BCTC (whether
covering single or multiple sites). This clause also shall not apply to the bonding or term provisions of any
Job Site Agreement (but shall apply to all other provisions). This clause also shall not apply to the wage
and benefit provisions of the Market Recovery Program, but shall apply to all other provisions.
ARTICLE XXIX. LANGUAGE OF AGREEMENT
The use of the masculine or feminine gender in this Agreement shall be construed as including both
genders.
Any provision of the collective bargaining agreement that applies only to “ICA Members” shall not
apply to any ICA Member who is not in good standing with the ICA pursuant to its by-laws. The ICA shall
timely notify the Local 12 Office of ICA members who are not in good standing.
An owner-operator cannot be enrolled in the AJEF Program and any apprentice who accepts a
managerial position with an employer must resign from the apprenticeship program or shall be terminated
for failure to resign.
ARTICLE XXX. EARNED SICK TIME WAIVER
The provisions of the administrative code of the City of New York, Title 20, Chapter 8 (Earned Sick
Time Act) and the New York State Paid Sick Leave Law, Article 6, Section 196-B in relation to the
provision for sick time earned by employees covered by this Agreement, as well any state or federal sick
time requirement permitting a waiver of statutory sick time, are expressly waived by the parties to this
collective bargaining agreement because comparable benefits are already provided in this Agreement.
Additionally, should any other municipality, county or other governmental agency adopt a law or
regulation providing for paid sick time for employees covered by this Agreement, and such law or
regulation permits the parties to elect a waiver of such paid sick leave, the parties agree that all such
waivers are adopted and incorporated herein.
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INSULATION CONTRACTORS ASSOCIATION
QUALITY • SAFETY • VALUE • INNOVATION
For the Party of the first Part:
THE MEMBERS OF THE INSULATION CONTRACTOR ASSOCIATION OF NEW YORK CITY INC:
TELE
FAX
I.C.A.N.Y.C. INC.
229 SOUTH STREET
OYSTER BAY, NEW YORK 11771
PRESIDENT / JOSEPH P. LEO JR.
SECRETARY TREASURER / AL DURANTI
SIGNATURE duranti
For the Party of the Second Part:
THE INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS
& ALLIED WORKERS LOCAL UNION NO. 12:
35-53 24th STREET, LONG ISLAND CITY, NEW YORK 11106-4416
TELE
FAX
23
24
APPENDIX A
| MECHANIC | APPRENTICE | Straight Time $59.88 $7.00 $0.28 $1.85 S69.01 |
| Wage Rate Vacation* |
Fourth Year – 70% | |
| Third Year | = 60% | |
| International Assessment Fund | Second Year = 50% | |
| Building Fund Total Taxable Income |
First Year | = 40% |
| International Assessment Fund | $0.28 $1.85 $3.45 $7.00 $12.58 |
PRE-APPRENTICE |
| Building Fund Ducs Check Off Vacation* Total Deductions |
||
| Second Year Wages = $26.00 Welfare Fund = $6.00 |
||
| Welfare Fund | $16.05 $10.35 $6.80 $0.96 S34.16 |
First Year |
| Annuity Fund Pension Fund AJEF |
Wages = $24.00 Welfare Fund = $6.00 |
|
| Total Hourly Non-Taxable Fringes and | ||
| Contributions | ||
| TOTAL HOURLY PACKAGE | S103.17 | |
| Travel** | $1.43 |
* Contributions to the Vacation account should
taxes and withholding should be deducted from
>e treated as an addition to income and all consequent
;mployees’ wages.
** $1.43/Hr. up to a maximum of $10.00/Day; not subject to ‘’doubling” when working weekends or
holidays.
OVERTIME – Wages and benefits for all labor in excess of the “regular” workday (7 hours unless
otherwise provided for in a PLA) are to be paid on a time and one-half basis Monday through Friday,
and for all hours worked on Saturdays. All time worked on Sundays and holidays will continue to be
paid at a double (2x) time rate on wages and benefits.