IDCA-MTDC CBA 7.1.2021 to 06.30.2025

AGREEMENT

 

This Agreement is entered into by and between the undersigned INTERIOR DEMOLITION CONTRACTORS ASSOCIATION (hereinafter the “Association”), and the MASON TENDERS’ DISTRICT COUNCIL OF GREATER NEW YORK, affiliated with the Laborers International Union of North America for its constituent Local Union Number 79 (hereinafter referred to as “District Council” or “Union”).

 

ARTICLE I

 

Section 1.-

 

The Union claims and has shown, and the Association and all Employers acknowledge and agree, that a majority of employees have authorized the Union to represent them in collective bargaining. The Association and all Employers hereby recognize the Union as the exclusive bargaining representative under Section 9(a) of the National Labor Relations Act for all employees who perform work covered by Article IV of this Agreement on all present and future job sites.

 

Section 2.

 

This agreement is effective on all jobs in Greater New York City within its established boundaries.

 

ARTICLE II

 

Section 1.-

 

No Employer shall enter into a contract with any other person, firm, partnership, corporation or joint venture employing Interior Demolition Workers to perform bargaining unit work as defined in Article IV on the same job site, unless such other person, firm, partnership, corporation or joint venture agrees to be bound by the terms of this Agreement and/or has an Agreement with the Union.

 

Section 2.-

 

When an Employer subcontracts any bargaining unit work in accordance with Section 1

 

above, the Employer shall accept responsibility to pay any delinquent obligations of the subcontractor for the payment of wages or fringe benefit contributions required by the terms of the subcontractor’ s agreement, provided that the extent of the Employer’ s responsibility shall not exceed the money then owed by the Employer to the subcontractor for the job that is the subject of the delinquency when the Employer receives written notice from the Union, with a copy to the subcontractor, and provided further that such written notice states the specific payments that are delinquent and the amounts due. Employers under this agreement further agree to permit such direct payments to be made from retainage held by their contract or should they be delinquent subcontractors.

 

Section 3.-

 

Employees shall be paid on an hourly basis only and piece work shall not be permitted.

 

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Section 4.-

 

The Employer agrees that it will not subcontract any work covered by this Agreement in order to circumvent the payment of wages and fringe benefits and the working conditions provided for in this Agreement. The Employer and the Union hereby agree to the elimination of lumping.

 

Section 5.-

 

If an Employer covered by this Agreement or any of such Employer’s owners or principal forms or acquires by purchase, merger or otherwise, a direct or indirect controlling interest, whether by ownership, stock, equity or management, in another company performing bargaining unit work within this jurisdiction, this agreement shall cover such other operation and such other bargaining unit employees shall be considered an accretion to the bargaining unit. A principal shall be defined as an individual with a controlling interest in the management of the Employer.

 

Section 6.-

 

If an Employer covered by this Agreement or any of such Employer’s owners or principals forms or acquires by purchase, merger or otherwise, a direct or indirect controlling interest, whether by ownership, stock, equity or management, in another company performing bargaining unit work within this jurisdiction, this Agreement shall cover such other operation and the Employer and such other company shall be jointly and severally liable for each other’s obligations under this Agreement. A principal shall be defined as an individual with a controlling interest in the management of the Employer.

 

Section 7.-

 

In order to protect and preserve, for the Mason Tenders covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work set forth in Article IV of this Agreement, under its own name or under the name of another, as a person, company, corporation, partnership, or any other business entity, including joint venture and sole proprietorship, wherein the Employer exercises either directly or indirectly any significant degree of ownership, management or control, the terms and conditions of this Agreement shall be applicable to all such work: (a) where the two enterprises have substantially similar management, business purpose, operation, equipment, customers, supervision and/or ownership; or (b) where there exists between the Employer and such other business entity, interrelation of operations, common management, centralized control of labor relations and/or common ownership. In determining the existence of the aforementioned criteria, the presence of the requisite control or commonality at any level of management shall be deemed to satisfy those criteria.

 

Prior to commencing any claim, the Union will notify counsel to the Interior Demolition Contractors Association in writing by e mail and telefax of its intent to do so. Such notice will be provided a minimum of two (2) business days prior to the filing of the claim.

 

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ARTICLE III

 

Section l.-

 

a) It shall be a condition of employment that all employees of the Employer who perform work covered by Article IV of this Agreement shall become or remain members in good standing of the Union or shall pay uniform initiation and agency fees on or after the eighth day following the date of execution of this agreement, or after the eighth day following the beginning of covered employment. The Union agrees that all employees will be accepted to membership on its out of work list on the same terms and conditions generally applicable to other members or laborers on its out of work list and, further, that the Employer will not be requested to discharge an employee for reasons other than such employee’s failure to tender the periodic dues or fees uniformly required.

 

b) The Union shall have the right to collect a reasonable fee for inclusion on its out of work list from all persons who are not members in good standing of the Union or are not tendering uniform initiation and agency fees uniformly required. Said fee shall be collected to cover the reasonable cost of maintaining the out of work list. At the earliest date permitted by law, a person who has paid said fee to be included on the out of work list and is referred to an Employer shall tender to the Union upon acceptance for employment by the Employer the uniform initiation and agency fees uniformly required.

 

c) The Employer agrees to discharge upon receiving seven days’ written notice, signed by the Secretary-Treasurer of the Union, any employee with respect to whom such notice may state that such employee has failed to tender uniform initiation and agency fees uniformly required, provided that said written notice is also provided to said employee and that said employee has not paid the required initiation and agency fees within seven days of the date of the written notice. The Union shall indemnify, defend and hold the Employer harmless against any damage, loss, back pay award, expense (including reasonable attorney’s fees) or financial liability arising directly from the employer’s compliance with such notice.

 

Section 2.-

 

a) The Union shall operate a Hiring Hall for the referral of workers to jobs under the Agreement.

 

b) The Hiring Hall shall maintain an out-of-work registration list (“out-of-work list”) for each classification of “qualified applicants” as defined in subparagraph c, below, who are out of work, in the order in which such individuals register with the Hiring Hall. One or more representatives of the Hiring Hall shall be on call 24 hours per day, 365 days per year, for the purpose of receiving and processing Employer referral requests.

 

c) An applicant shall be qualified, and thus eligible for employment, only if that applicant: (1) has not been previously rejected and deemed unsatisfactory for work in writing by the Employer who submitted the request for employees; and (2) has all current documentation, licenses or certificates required to be eligible to work or to perform the work that is the subject of the Employer’s request to the Union. The Hiring Hall agrees to keep the documentation, licenses

 

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or certificates on file and to provide copies to the Employer upon request, but does not warrant their validity or relieve the Employer of its responsibility to verify the information provided.

 

d) The Hiring Hall shall fill Employer referral requests and dispatch to the Employers qualified Interior Demolition Worker applicants in order of their registration on the out-of-work list. Interior Demolition Workers shall be permitted to register on the Skilled Demolition Worker and/or General Demolition Laborer out-of-work lists. The Union may classify individuals on the out-of-work list based on the following elements: ability; work classification; work as an Interior Demolition Worker in the interior demolition industry; prior work for the requesting Employer; and availability.

 

e) (1) Whenever an Employer requires employees to perform work covered by this Agreement on any job, the Employer shall provide to the Hiring Hall written notification (on a form to be supplied by the Union to all signatory Employers in writing), stating the job location, the date the work is to commence, the shift start time, the estimated duration of the shift and of the job, the number and type of employees required, the name of the person at the job site to whom the employees are to report, and the name of the general contractor. The Employer shall provide such written notice to the Hiring Hall at least 24 hours before the start time of the applicable job, provided that when the Employer itself receives less than 24 hours notice of a job’s start time the Employer shall provide such written notice to the Hiring Hall (which notice may be by facsimile) as promptly as is reasonably possible. The Employer shall also provide confirmation from the General Contractor of such short notice using the form attached hereto as Exhibit F. Provision of the completed Exhibit F will create a presumption that the Employer received less than 24 hours notice of the job.

 

(2) Whenever the Hiring Hall fills an Employer’s request for employees, the Hiring Hall shall provide to the Employer written notification, to be sent to the Employer by facsimile, stating each employee’s name and work classification, and the start time, date and job location to which each employee has been dispatched.

 

f) The first Interior Demolition Worker on any job site shall be a Skilled Demolition Worker selected by the Employer. The second Interior Demolition Worker on a job site shall be a Shop Steward (and Skilled Demolition Worker) appointed by the Union. The Seventeenth and Twenty-first Interior Demolition Workers shall be Skilled Demolition Workers referred by the Union pursuant to the regularly applicable rules of the Hiring Hall (which shall be deemed to provide that a worker will be treated as “referred by the Union” if within twelve months of initially being referred from the Hiring Hall to the Employer, he or she either appears on the Out of Work List and is requested by name by the Employer, or is identified by the Employer in an Article Three, Section 2(e) compliant notification as working on the site) (a “Union Referred” Skilled Demolition Worker”). The Eighth, Twelfth, Fourteenth, and Twenty-fourth Interior Demolition Workers shall be Skilled Demolition Workers selected by the Employer. Thereafter, except as provided in the next paragraph (g), every third Interior Demolition Worker shall be a Skilled Demolition Worker. Beginning at the Twenty-first Interior Demolition Worker on a job, the method of selection shall alternate as between those referred by the Union and those selected by the Employer. Employer may employ General Demolition Workers it selects. All Interior Demolition Workers hired by the Employer shall be listed on the roster of eligible laborers. The

 

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rosters of eligible laborers maintained by the Union shall be based upon seniority and other uniform criteria adopted by the Union consistent with the Constitution of the Labors’ International Union of North America and applicable law. Schedule B contains a true and accurate application of the ratio.

 

g) The preceding notwithstanding, the tenth, twentieth and every fifth Interior Demolition Worker thereafter shall be an apprentice (with the Employer maintaining the option for the fifth or third as well as the fifteenth position to be an apprentice with the approval of the Union). Commencing with the apprentice at the 20th spot, and thereafter, the referral of apprentices shall not supersede the employment of Skilled Demolition Worker, but each referral of an apprentice shall delay by one the position on the job which the next Skilled Demolition Worker would otherwise have filled. If apprentices are not available at a particular position for which the Agreement otherwise requires their employment, then the spot shall be considered eliminated for purposes of that job. The apprentice ratio the Employer is required or opts (as permitted above) to utilize in employing Interior Demolition Workers shall be maintained as Interior Demolition Workers leave the job. See Schedule B.

 

h) Each applicant referred to an Employer shall be given a written dispatch slip by the Hiring Hall confirming his/her dispatch to the Employer, his/her worker classification, and the specific request the dispatched applicant is filling. It is understood that the Employer shall hire whomsoever he or it sees fit, and that the Employer shall at all times be the sole judge as to the work to be performed and whether such work performed by the Interior Demolition Workers is or is not satisfactory. All Interior Demolition Workers hired by the Employer shall be listed on the out of work list. The Hiring Hall shall not knowingly refer or dispatch any employee then currently employed by any other Employer working under this Agreement. It is further understood that the Employer shall not discharge or reject a Shop Steward appointed by the Union without cause and without written notice to the Union.

 

i) An employee may be transferred by the Employer from one job site to another, without requiring referral by the Hiring Hall in order to make the move, only in accordance with Article VI, Section 7 below.

 

The Employer may employ individuals from any available source other than the Hiring Hall only in the following situations:

 

(1) where a written request for employees is made by the Employer (as described in paragraph e(1) of this Section 2) and the Hiring Hall has not given written notice of dispatched employees to the Employer (as described in Paragraph e(2) of this Section 2) at least four (4) hours before the job is scheduled to begin; or

 

(2) where the Employer is required to have employees on the job site to begin working less than four (4) hours after the Employer receives notification of the start time for the job.

 

In all such circumstances the Employer shall inform the Hiring Hall of the name and social security number of any individuals hired from other sources and shall refer the individuals to the Hiring Hall for dispatch to the Employer.

 

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j) The parties to this Agreement shall post in places where notices to employees or applicants for employment are customarily posted, all provisions relating to the functioning of the hiring arrangements, including the safeguards that are essential to the legality of such an exclusive hiring arrangement.

 

k) The Employers shall determine the qualifications and competency of all employees and the number and type of employees required, and shall have the right to reject any job applicant referred to the Employer by a Hiring Hall; except that the Employer may only reject a Shop Steward previously employed, for cause, and such rejection must be preceded by written notice to the Union required by section 2(g) of this Article III. The rejection of a Shop Steward may be grieved in accordance with the provisions of Article XI. If the Shop Steward is found to have been rejected without cause, the Shop Steward shall be paid for all time lost for the duration of the job for which he was appointed, not to exceed thirty days, and shall be reinstated, if applicable.

 

l) Any Interior Demolition Worker referred or dispatched to an Employer shall not be entitled to reporting pay, or any other wages, benefits or other entitlement under this Agreement, unless such Interior Demolition Worker is qualified and brings with him at the time he reports to work copies of the following documents, which shall be given to the Employer at the time the Interior Demolition Worker reports to work: (i) the dispatch slip from the Hiring Hall for the job for which the Interior Demolition Worker is reporting, (which dispatch slip may be sent by the Union to the Employer by facsimile); and (ii) all current documentation, licenses or certificates required to be eligible to work or to perform the work to which the Interior Demolition Worker has been referred, together with documentation of the history of each such license and any pertinent training certificates.

 

m) The Hiring Hall shall maintain in its files, for each individual registered on its out-of-work list, copies of each document described in subparagraphs c, d, e(2) and f of this Section 2. Upon request by an Employer, the Hiring Hall shall provide additional copies of these documents by facsimile or otherwise, for any Interior Demolition Worker whom the Hiring Hall has referred to the Employer and who has personally picked up his or her dispatch slip from the Hiring Hall. The cost of providing these documents to an Employer will be paid to the Union either by the Interior Demolition Worker, if the request for these documents is due to the fault of the Interior Demolition Worker (e.g., the Interior Demolition Worker’s failure to bring such documents as required by subparagraph c(2) of this Section 2), or by the Employer, if the request is due to the fault of the Employer (e.g., the Employer lost the documents provided by the Interior Demolition Worker), according to the following schedule: $2.00 per Interior Demolition Worker if sent by mail, or $3.00 per Interior Demolition Worker if sent by fax.

 

n) In the event that any applicable statute is enacted or any decision rendered by a court or administrative agency having jurisdiction thereof, which statute or decision permits union security or hiring provisions more favorable to the Union than those contained herein, then the Agreement shall be reopened as to the affected union security or hiring provisions only and the parties hereto shall meet to negotiate concerning the benefits permitted by such statute or

 

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decision. Such re-opener and negotiations shall not operate to waive or suspend the effect of Article X.

 

o) The job referral system set forth in this Article will be operated in a non-discriminatory manner and in full compliance with Federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting training, will be operated so as to facilitate the ability of the Employers to meet any and all equal employment opportunity/affirmative action obligations imposed by state or federal law.

 

p) When requesting Demolition Workers from the Local 79 Out of Work List, an Employer may require that the applicant possess specific licenses or training if tracked by the Hiring Hall, provided that any such requirement must uniformly apply to all Demolition Workers employed by the Employer on the job at issue.

 

q) In the event a General Contractor or owner requires that Demolition Workers possess certain requisite forms of identification, pass certain requisite background checks, or undergo certain site-specific training in order to be employed on a job, the Employer may impose such requirements on all Demolition Workers to be employed at the site, so long as the requirements are in fact uniformly applied to all such Demolition Workers (e.g. irrespective of their method of referral), and sufficient notice is provided to the Union, and sufficient opportunity to comply provided to the Union and prospective employees at the site, to permit applicants on the Out of Work List and/or prospective shop stewards to have satisfied the requirements as of the commencement of the job

 

p) In the event the Employer requests referral of a Demolition Worker from the Hiring Hall with certification/qualification to work as a burner or perform firewatch duty and, once referred, there is insufficient work on a given day for such person to exclusively perform the burning / firewatch functions for which he was requested, the Employer may request that the worker perform other functions covered by the Agreement. If the worker refuses to perform such other functions, the Employer may send the Demolition Worker at issue home on the day at issue and pay him/her for work performed that day (including contributions for fringe benefits) without regard to the minimum 4-hour pay requirement of Article VI, Section 5 of the Agreement. This provision does not apply to a Shop Steward.

 

Section 3. –

 

The work of Skilled Demolition Workers and General Interior Demolition Laborers shall be defined as follows:

 

a) It shall be the work of Skilled Demolition Workers to perform, among other things, all burning, chopping, and other technically skilled tasks attendant to interior demolition work.

 

b) It shall be the work of General Demolition Laborers to perform manual work and work incidental to demolition work, such as loading and carting of debris from the work site to an area where it can be loaded in to trucks for removal. General Demolition Workers shall also perform the clean-up of the site when demolition is completed.

 

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Section 4. –

 

There shall be a Joint Apprenticeship Training Committee (“JATC”) charged with direction of the Apprentices. The Employer agrees to and shall be bound by all terms and conditions of the JATC documents creating the JATC and by any rules or by-laws adopted by the JATC, as they may be amended from time to time. Pursuant to the Mandatory Apprenticeship Program, all Demolition Workers on any job (both Skilled Demolition Workers and General Demolition Laborers) shall either be credited as Journeymen by the JATC, or designated and enrolled as Apprentices in the JATC–administered program. The Employer hereby agrees to abide by all rules and regulations and amendments thereto, of the Union and the JATC concerning the implementation and maintenance of the Mandatory Apprenticeship Program

 

Section 5.-

 

In the event, with respect to any job, an Employer fails to provide the Union notice of the job as required under Article III, Section 2(e)1) of this Agreement, the Union shall have the right to withdraw laborers from the job until a steward is dispatched and employed at the job. In the event an Employer claims to have in fact complied with Article III, Section 2(e)1), it shall be provided an hour grace period from the time the Union first arrives at the job site before the withdrawal of labor occurs to show proof of such compliance. The Union shall exercise reasonable diligence, given the time and circumstances, to provide a steward to the site. The Union will not unreasonably shutdown a job where the Employer has made a good faith error in failing to report the job and otherwise has a record of consistent compliance with Article III, Section 2(e)1). For purposes of this paragraph, “consistent compliance” shall mean that, not including the instance at issue, the Employer has had no violations of Article III, Section 2(e)1) either in the preceding thirty (30) day period or in the same calendar month.

 

Section 6.-

 

The Employer and the Union agree there will be no discrimination against any employee or applicant for employment, with respect to race, creed, color, national origin, sex, age, handicap or disability, religion, veteran status, concerted activity, marital status, sexual orientation, citizenship status, affectional preference or union membership in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination, and all other terms and conditions of employment, except as provided by law.

 

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ARTICLE IV

 

Section 1.-

 

The Employer shall exclusively employ Interior Demolition Workers to perform the following work:

 

Interior demolition work, which shall include but not be limited to: the erection, building, moving, servicing and dismantling of all enclosures, scaffolding, barricades, protection and site safety structures, etc. on interior demolition jobs; the operation and servicing of all tools and equipment normally used in interior demolition work, including, without limitation, hand tools,

 

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electric and pneumatic guns and drills; the demolition of walls, partitions, ceilings, suspension systems, floorings, concrete slabs with steel framing (where such slabs are removed in their entirety), storefronts, facades, roofing, parapets, sidewalks, curbs, and vaults (except for full depth saw cutting and core drilling of slabs); the dropping of duct work, electrical piping, plumbing piping, sprinkler piping, toilet fixtures, light fixtures, radiators and air conditioning equipment, where removals are in their entirety (i.e., a complete gut) and after (but not including) proper disconnections and capping are performed by others; the carting of all such demolished and/or dropped walls, partitions, ceilings, suspension systems, flooring, concrete slabs with steel framing, storefronts, facades, roofing, parapets, sidewalks, curbs, vaults, duct work, electrical piping, plumbing piping, sprinkler piping, toilet fixtures, light fixtures, radiators and air conditioning equipment; the removal of non-hazardous fire proofing (such as required for beam pockets), window treatment (such as blinds, drapes, and hardware), including related work performed by licensed burners and related fire-watch duties; the removal of stairs, escalators, elevators, dumbwaiters, and conveyors; the sorting, salvaging, labeling, packaging and movement of such materials for disposal; the clean up of the work site and all other work and stand-by time incidental to the demolition, dropping, carting and removal of such materials; and the performance of hand excavation work and duties by flagmen on job sites where work is performed under this Agreement.

 

Section 2.-

 

Interior Demolition Work shall exclude, among other things, any work that is either: i) not part of an overall interior demolition bid package, or ii) not included as an extra to be performed in conjunction with and directly related to an overall interior demolition bid package.

 

Interior Demolition Work shall further exclude, among other things, any work on or with respect to new construction, i.e. new construction meaning either the entire building in which the work is being performed is not yet subject to a final (non-Temporary) Certificate of Occupancy issued by the City of New York, or the location within the building where work is being performed has not previously been occupied by a tenant

 

Section 3.-

 

The term “Interior Demolition Worker” as used in this Agreement includes all employees who perform work as described in Article IV of this Agreement, whether referred to work from the Skilled Demolition Worker A out-of-work list or from the General Demolition Laborer out-of-work list.

 

Section 4.-

 

a. The terms and conditions of employment set forth in this Agreement shall apply to Interior Demolition Work performed by any Employer as defined in this Article IV. To the extent that an Employer conducts work, other than Interior Demolition Work, which is covered by the contract between the Union and the Building Contractors Association then in effect (the “BCA Agreement”), such work shall be performed under the terms and conditions of the BCA Agreement, as modified below. The Employer agrees to be bound by and to apply the BCA Agreement, as modified below, to all work defined in Article IV of the BCA Agreement (other than Interior Demolition Work to which this Agreement applies), and to recognize the Union as

 

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the exclusive collective bargaining agent for all employees performing work covered by the BCA Agreement.

 

The BCA Agreement shall be modified as it applies to the Association and all Employers by the following terms superseding any contrary provisions in the BCA Agreement: “The first Mason Tender on any job site shall be a Shop Steward, the second Mason Tender on the job shall be a Foreman, and commencing with the third Mason Tender on the job site, fifty percent (50%) of the Mason Tenders shall be furnished and referred by the Union to the Employer from the roster of eligible laborers and fifty percent (50%) shall be selected by the Employer. If there are more than two Mason Tenders on the job, odd numbered Mason Tenders (other than the Steward) may be selected by the Employer. All Mason Tenders hired by the Employer shall be listed on the roster of eligible laborers.

 

b. The preceding notwithstanding, the terms and conditions of employment set forth in Schedule D hereto (the “paymaster side letter”) shall apply whenever an Employer serves as a paymaster on the job. An Employer shall be considered a paymaster whenever it contracts with a company not signatory with the Union to perform general conditions work on a job, and in such other situations consistent with industry practice. An employer that is current in its payment of fringe benefits contributions may request when serving as a paymaster to use a different referral ratio from that required under the paymaster side letter, e.g. the ratio set forth in the preceding paragraph a.

 

ARTICLE V

 

Section l.-

 

a) Each Employer shall have the right to schedule shifts, days and hours of work and daily starting and quitting times for employees. Employees shall receive a one-half (1/2) hour unpaid meal period, approximately at the mid-point of their shifts. Employees working a shift of more than 12 hours shall receive an additional one-half (1/2) hour unpaid meal period, approximately at the mid-point of the second half of their shifts.

 

b) At the Employer’s discretion, lunch periods may be staggered to allow employees time to clean up.

 

c) With notice to the Union with jurisdiction over the job site, the Employer shall have the option to increase the length of the regular work day from seven hours in a twenty four hour period to eight hours in a twenty four hour period, not to exceed forty hours per week. Notice to the Shop Steward at or before the end of his shift on the day before the change shall constitute sufficient notice under this subparagraph. The Employer shall have the option of electing a work day of seven hours in a twenty four hour period or eight hours in a twenty four hour period, so long as the number of hours so elected shall remain in effect for a period of at least five days.

 

d) Interior Demolition Workers tending a hoist may be scheduled to start ten minutes before the regular hour so as to permit other employees to start at the proper starting time. The same consideration shall be allowed to these Interior Demolition Workers at quitting time.

 

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Section 2.-

 

All hours worked in excess of eight hours shall be paid at the rate of time and one half. All fringe benefit contributions shall be paid on the basis of hours worked. The Employer may work up to three shifts in any twenty four hour period. The second shift shall not commence before the first shift is concluded and the third shift shall not commence before the second shift is concluded. A Shop Steward shall be appointed for all shifts pursuant to Article IX, Section 1. The Employer will not be permitted to use staggered shifts.

 

Section 3.-

 

Shift work may be scheduled at the discretion of the Employer. There shall be no shift differential pay. A Shop Steward shall be appointed for all shifts pursuant to Article IX, Section 1.

 

Section 4.-

 

a) The following days shall be known as Holidays:

 

New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day.

 

b) Holidays shall be observed from midnight to midnight on the day celebrated and this Section shall apply to all shifts starting within those holiday hours.

 

c) The date New York City government observes any of the above referenced Holidays shall be the contract Holiday in the event it is different from the date on which the Holiday actually falls.

 

ARTICLE VI

 

Section l.-

 

a) Skilled Demolition Worker, General Demolition Laborer and Apprentice Laborer wage rates for Interior Demolition Workers shall be set forth below and in accordance with Schedule A annexed to this Agreement.

 

Effective July 1, 2021 the Skilled Demolition Worker and General Demolition Laborer wage rates shall be $38.79 per hour and $27.98 per hour respectively (see Schedule A for Apprentice Rates).

 

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective July 1, 2022, wages and/or fringe benefit contributions shall be increased by $.75 per hour.

 

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective July 1, 2023, wages and/or fringe benefit contributions shall be increased by $.75 per hour.

 

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Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective July 1, 2024, wages and/or fringe benefit contributions shall be increased by $.75 per hour.

 

b) The Union, in its sole and absolute discretion, reserves the right to allocate and/or reallocate any wage rates or fringe benefit contribution rates as set forth above and in Schedule A. The Union shall provide notice of its allocation/reallocation decisions at least one month prior to their effective dates.

 

c)(1) On all job sites where any Employer performs work under the terms of this Agreement, 33 1/3% of the employees covered by this Agreement shall be classified as Skilled Demolition Workers and 66 2/3% shall be classified as General Demolition Laborers, provided that the Employer may employ more than 33 1/3% Skilled Demolition Workers on any job site. Where the number of employees on a job site is not divisible by three, the first additional employee (above the number of employees divisible by three) shall be a General Demolition Laborer, and the second additional employee shall be a Skilled Demolition Worker.

 

c)(2) The Form attached hereto as Schedule B shall be completed on a given job site at the request of a Company, and if accurate, will be signed by the Shop Steward. If the Shop Steward determines the ratio is not compliant, the provisions set forth below for correcting the ratio shall apply. The signature of the Shop Steward shall not be construed as a waiver by the Union of any claims. So long as Demolition Workers listed on the Form are paid and receive fringe benefit contributions consistent with their designations on the Form and the Form reflects compliance with the applicable ratios, the completed Form may be used as evidence that on the date at issue the Employer was in compliance with the A/B and U/E ratios as applied at the job to the listed employees.

 

In the event the form provided to the Union indicates non-compliance with the Skilled Demolition Worker — General Demolition Laborer ratio requirements of this Agreement and the Employer refuses to elevate a General Demolition Laborer to Skilled Demolition Worker status to satisfy the ratio, or the Employer otherwise refuses to complete the form, the Union shall have the right to designate, and require the payment of, sufficient General Demolition Laborers as Skilled Demolition Worker to cause the Employer to be in compliance with the Agreement on the site.

 

c)(3) The Union or its representatives shall be authorized to conduct audits of the Employer to determine whether the Employer has engaged in a substantial violation of the 2:1 ratio. For purposes of this Section, the Employer shall have engaged in a substantial violation if more than seventy five percent (75%) of the hours worked by Interior Demolition Workers in any fourconsecutive-quarter time-period were paid at less than the Skilled Demolition Worker wage and benefit rates. In the event that an Employer engages in a substantial violation of the 2:1 ratio of General Demolition Laborers and Skilled Demolition Workers during this time period, the Employer shall be required to contribute to the Fringe Benefit Funds, the total difference in benefit contributions and wages that the Employer would have paid had seventy percent (70%) of the hours worked by Interior Demolition Workers been paid at the Skilled Demolition Worker wage and benefit rates.

 

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Irrespective of whether the Employer has engaged in a substantial violation of the 2:1 ratio requirement, all employees who were under-compensated as determined through the Skilled Demolition Worker-General Demolition Worker form-completion process defined in Article VI, Section 1c)(2) above, shall have the total differential in wages and Fringe Benefit Fund contributions that the Employer should have paid had it complied with the Skilled Demolition Worker rate requirement for the employee, paid, respectively, to the employee and Fringe Benefit Funds.

 

d) The wage rate for Foremen shall be $2.00 per hour above the prescribed rate for Interior Demolition Workers.

 

Section 2.-

 

All work performed outside of the regular eight hours per day or forty hours in any week and all hours on Sundays shall be paid for at the rate of time and one-half. All work performed on holidays shall be paid for at the rate of double time.

 

Section 3.-

 

a) The Employer, its employees or the agents of either shall not accept or give directly or indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to any person for the purpose of effecting any change in the rate of wages. The Employer or its representatives shall not be permitted to give any advance in wages or lend money to its Interior Demolition Workers covered by this Agreement unless said advance or loan is made by check and written notice thereof is given to the Union.

 

b) Nothing contained in this Agreement shall be construed so as to limit in any way the right of the Employers to grant discretionary merit increases in the hourly wage rates paid Interior Demolition Workers covered by this Agreement, provided that the Employer will advise the Union of the name of each Interior Demolition Worker who is receiving such an increase and the amount of such increase, and provided further that such increases will not be revoked prior to completion of the applicable phase of the project. No Employer shall pay a bonus to any Interior Demolition Worker covered by this Agreement unless said bonus is paid by check, the Employer makes appropriate tax withholdings, and the Employer obtains prior consent of the Union which consent will not be unreasonably withheld.

 

c) The Employer shall make payment of all wages due in lawful currency, except those Employers making payment by check as per Section 4 of this Article. Payments shall be made in sealed envelopes and plainly marked, showing the Employer’s name and address (printed or stamped), the Interior Demolition Worker’s name, the hours worked, the amount earned and the deductions required by law, and the net amount due.

 

d) There will be no restriction on the Employer’s scheduling of overtime. Overtime shall be offered to Interior Demolition Workers then currently performing the work scheduled for overtime on the job site. The Employer can require Interior Demolition Workers to work overtime in the event of an emergency; and the Employer can require specific Interior Demolition Workers to work overtime to complete a specific task on which they are working;

 

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provided that no Interior Demolition Worker can be required to work more than 12 hours per day.

 

Section 4.-

 

Notwithstanding anything herein contained, the Employer shall have the right to make weekly payments of wages by check provided all legal requirements are complied with. In the event that a salary check is returned by the bank on which drawn for any reason whatsoever, then the Employer shall be required to pay all affected employees with a certified replacement check. In the event that three or more paychecks issued by an Employer are returned for reason other than bank error in any rolling twelve month period, said Employer shall be required to pay all of its Interior Demolition Workers with certified checks, bank checks or postal money orders for the succeeding nine month period.

 

Section 5.-

 

a) All Interior Demolition Workers discharged before they have completed four hours of work shall be paid for four hours of work. All Interior Demolition Workers discharged after having completed four or more hours of work shall be paid for actual time worked. This does not apply to a layoff or a discharge for cause and does not apply to an Interior Demolition Worker who is discharged on the day on which he is first employed. Nor does it apply to Interior Demolition Workers not on the job at starting time.

 

b) In the event the Employer is assessed a fine either by the NYC Department of Buildings, OSHA, or a General Contractor for safety related violations, and the violations are attributable to the conduct of a particular Demolition Worker who acted on his own, rather than at the direction of the foreman or supervisor, the Employer may send the Demolition Worker at issue home on the day of the violation and pay him/her for work performed that day (including contributions for fringe benefits) without regard to the minimum 4-hour pay requirement of Article VI, Section 5 of the Agreement. The preceding shall not apply to the Shop Steward or Foreman. Any Employer utilizing this provision must do so uniformly to all Demolition Workers (other than the Shop Steward and Foreman) without regard, for example, to their method of referral.

 

Section 6.-

 

If the Employer requests Interior Demolition Workers to report on any day and such Interior Demolition Workers report for work on that day on starting time, but are not put to work, such Interior Demolition Workers shall be entitled to two hours’ pay. However, this payment shall not be made if it is impossible to put such Interior Demolition Workers to work because of weather, lack of materials, or other job conditions beyond the control of the Employer which make it impractical for the Employer to work such Interior Demolition Workers. The Employer also will not be required to pay additional hours for “show-up time” if the employee worked 40 or more hours that week and there was only one such incident for which “show-up time” would have been due.

 

Section 7.-

 

The Employer shall not pay employees for time, costs or expenses which accrue in commuting to work at the start of a shift or leaving work at the end of a shift. If the Employer requests or requires employees to transfer between job sites, all travel time shall be counted as

 

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time worked and the Employer shall pay for the costs of and expenses of the travel between job sites, unless unreasonable. The Employer may require an employee who worked fewer than four hours at a first job site to transfer to a second job site without incurring an obligation to pay for a minimum of four hours at both sites (but with all other requirements of this paragraph applying), so long as both the job from which, and the job to which, the employee is being moved have been reported to the Union and both sites have properly appointed shop stewards who are put on notice that the transfer is taking place.

 

Section 8.-

 

Each Employer shall deduct one dollar and ninety five cents ($1.95) per hour or such other amount as the Union may from time to time designate in writing to the Employer as dues from the wages of all Interior Demolition Workers who voluntarily authorize such deduction in writing and then promptly pay over such sums to the Union with jurisdiction over the job site not later than thirty days after said deduction, which sum constitutes part of each employee’s Union Dues, and shall remit the same to said Union. It is mutually agreed that the employee assignments authorizing the aforementioned Union Dues shall be in blanket form and filed with the Union. The Union agrees to indemnify, defend and hold harmless the Employer from any and all claims and/or actions arising out of such deduction providing that the dues shall have been paid over to the Union.

 

Section 9.-

 

a) Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1 of this Article, the Employer shall pay monthly to the Trustees of the Mason Tenders District Council Welfare Fund the hourly rate specified in Schedule A for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen within the jurisdiction of the District Council, for the purpose of providing benefits for death, accident, health, medical and surgical care, hospitalization and other such forms of group benefits for Interior Demolition Workers, their spouses, and their eligible children, as the Trustees may, in their sole and absolute discretion, determine and, in addition, out of said monies the Trustees of the Welfare Fund shall provide coverage to conform with the New York State Disability Insurance Law for all Interior Demolition Workers for the period of this Trade Agreement, the cost of which shall be borne by such Welfare Fund. It is the intention of the parties that no contributions shall be required on the premium portion of wages.

 

b)Welfare coverage shall also be provided for all eligible employees of the Mason Tenders’ District Council, its constituent Local Unions and the Mason Tender’s District Council Fringe Benefit Funds, provided contributions are made to the Fund on their behalves in the same amounts as are paid by other Employers.

 

Section 10.-

 

a) Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1 of this Article, the Employer shall pay monthly to the Trustees of the Mason Tenders’ District Council Pension Fund the hourly rate specified in Schedule A for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen within the jurisdiction of the District Council. Contributions to the Pension Fund shall be utilized for the purpose of providing Pension and other Benefits for the eligible Interior Demolition Workers as

 

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the Trustees may, in their sole and absolute discretion, determine. It is the intention of the parties that no contributions shall be required on the premium portion of wages.

 

b) Pension coverage shall also be provided for all eligible employees of the Mason Tenders’ District Council, its constituent Local Unions and the Mason Tenders’ District Council Fringe Benefit Funds, provided contributions are made to the Fund on their behalves in the same amounts as are paid by other Employers.

 

Section 11.-

 

a) Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1 of this Article, the Employer shall pay monthly to the Trustees of the Mason Tenders’ District Council Annuity Fund the hourly rate specified in Schedule A for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen within the jurisdiction of the District Council. Contributions to the Annuity Fund shall be utilized for the purpose of providing annuity and other benefits to eligible Interior Demolition Workers as the Trustees may, in their sole and absolute discretion, determine. It is the intention of the Parties that no contributions shall be required on the premium portion of wages.

 

b) Annuity Fund coverage shall also be provided for all eligible employees of the Mason Tenders’ District Council, its constituent Local Unions and the Mason Tenders’ District Council Fringe Benefit Funds, provided contributions are made to the Fund on their behalves in the same amounts as are paid by other Employers.

 

Section 12.-

 

Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1, subdivision (a) of this Article, the Employer shall pay weekly to the authorized agent of the Mason Tenders Vacation Account (the “Vacation Account”), such amounts as the Union may from time to time designate for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen within the jurisdiction of the District Council. It is the intention of the parties that no contributions shall be required on the premium portion of wages.

 

Section 13.-

 

Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1 of this Article, the Employer shall pay monthly to the Trustees of the Mason Tenders Training Program Fund the hourly rate specified in Schedule A for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen within the jurisdiction of the District Council. Contributions to the Training Program shall be used for the purpose of providing education and training in general construction skills, medical awareness courses, the handling of asbestos and hazardous waste and materials, New York City Fire Department Certificate of Fitness courses, and such other purposes as may be contained in the Fund Plan. It is the intention of the parties that no contributions shall be required on the premium portion of wages.

 

Section 14.-

 

Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1 of this Article, the Employer shall pay monthly to the authorized agents of the New

 

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York State Laborers Employers Cooperation and Education Trust Fund and the Greater New York Laborers Employers Cooperation and Education Trust Fund the hourly rates specified in Schedule A for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen. It is the intention of the parties that no contributions shall be required on the premium portion of wages.

 

Section 15.-

 

Effective July 1, 2021, and subject to the Union’s right to allocate/reallocate as provided in Section 1 of this Article, the Employer shall pay monthly to the authorized agent of the New York State Health and Safety Trust Fund the hourly rate specified in Schedule A for all hours worked by Interior Demolition Workers and Interior Demolition Worker Foremen. It is the intention of the parties that no contributions shall be required on the premium portion of wages.

 

Section 16.-

 

The Employer agrees to deduct and transmit to the Mason Tenders District Council Political Action Committee (“MTDC PAC”) $0.20, or such other amount as the Union may from time to time designate in writing, for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. This transmittal shall occur not more than thirty days after said deduction, unless earlier payment is required by law, and shall be accompanied by a list of the names of those employees for whom such deductions have been made, and the amount deducted for each such employee.

 

Section 17.-

 

The Employer shall contribute $0.01 for each hour worked to the Interior Demolition Industry Promotion Fund (the “Promotion Fund”). The Union shall have no responsibility or obligation with respect to the collection of such contributions. If the Employer utilizes the services of the Mason Tenders Fringe Benefit Funds to collect such contributions, the Funds may assess an administrative fee for such services. The moneys shall be expended in accordance with the terms of the Trust Indenture that formed the Promotion Fund but shall not be utilized to fund any adversarial action against the Union or any of its constituent locals.

 

Section 18.-

 

All Fringe Benefit Funds shall be jointly administered in accordance with applicable law.

 

Section 19.-

 

a) All Employers who joined the Association on or after November 1, 2000 shall post and maintain a bond of no less than $100,000 (one hundred thousand dollars) to ensure payment of contributions to the Fringe Benefit Funds set forth in this Article of the Agreement and remittance of dues checkoffs and MTDC PAC contributions to the Union. For Employers who joined the Association prior to November 1, 2000, the minimum amount of the bond to be posted and maintained for such purposes shall be determined by the number of hours of work performed by the Interior Demolition Workers of the Employer in the prior year. The minimum amount of the bond shall be as follows:

 

Number of Interior Demolition Worker Hours 0 to 1,999 hours Minimum Bond $16,500.00

 

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2,000 to 4,999 5,000 to 9,999 10,000 to 19,999 20,000 or more $33,000.00$60,000.00$75,000.00$100,000.00

In the alternative, the Employer may post a letter of credit or place a certificate of deposit, in the amount of the applicable bond, in an account controlled by the Trustees, to ensure payment of contributions to the Fringe Benefit Funds and the interest from such certificate of deposit shall belong to the Employer. The Employer agrees to execute all forms required by the Fringe Benefit Funds of the Union in connection with the posting of either a letter of credit or a certificate of deposit in the place of a bond.

 

b) No bond, letter of credit or certificate of deposit posted or provided pursuant to subparagraph (a) of this Section 18 shall be subject to forfeiture unless: (1)(A) the Employer admits in writing signed by an officer of the employer, or a Court determines, that the employer owes payments of contributions to the Fringe Benefit Funds or remittance of dues check-offs and MTDC PAC contributions to the Union, or (B) there is a deficiency and the Fringe Benefit Funds or the Union receives notice of expiration or termination of the bond, letter of credit or certificate of deposit; and (2) the Employer (A) fails to pay said monies within 20 days of said writing or judicial determination, or (B) fails to provide a substitute bond, letter of credit or certificate of deposit at least 30 days prior to the expiration or termination of said bond, letter of credit or certificate of deposit.

 

c) In the event the Trustees receive payment either on a bond or through a letter of credit or forfeiture of a certificate of deposit under this Section 18 and said payment is insufficient to satisfy the entire deficiency in the payment of contributions to the Fringe Benefit Funds and in remittance of dues checkoffs and MTDC PAC contributions to the Union, then the Trustees shall make a pro rata payment to each of the Fringe Benefit Funds and to the Union in an amount equivalent to the percentage of the total deficiency received by the Trustees through forfeiture of the bond, letter of credit or the certificate of deposit.

 

Section 20.-

 

(a) Wages shall be due and payable during working hours on Thursday or Friday for work done up to the preceding Tuesday. The day selected as the first payday on any job shall be the designated payday until the completion of the job. Should the designated payday be a bank holiday, wages shall be due and payable not later than the day before the designated payday, for work done up to quitting time the preceding Tuesday.

 

b) If Interior Demolition Workers are scheduled to be on any job of an Employer on payday and are not paid, they shall be entitled to waiting time of eight hours for each untimely wage-check, plus an additional eight hours for each portion of a week or full week after the first week during which the payment is delayed.. If Interior Demolition Workers are not scheduled to

 

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be on any job of an Employer on payday and payment is not received at the Union’s principal offices by the Monday following the end of the pay-period for which payment is due, they shall be entitled to waiting time of eight hours for each untimely wage-check, plus an additional eight hours for each portion of a week or full week after the first week during which the payment is delayed.. Neither the above stated waiting time provisions, nor any other provision of the Agreement or practice of the parties shall impose liability of any kind on the Union regarding the distribution or making of payments to employees.

 

c) When Interior Demolition Workers are to be discharged, they must be notified during working hours and will be paid on the next regularly designated payday. In the event the employee is not paid on the next designated payday, he or she shall be entitled to up to eight hours waiting time. It is understood, however, that no waiting time claim in excess of eight hours will be considered, nor shall a claimant remain on the Employer’s premises for a longer time. Employees must be given termination notice of the State of New York Department of Labor, Division of Placement and Unemployment Insurance, when discharged. If this notice cannot be given to the employee on the job at the time of discharge, the Employer may mail the notice to the employee on the next full business day and this shall be deemed substantial compliance.

 

d) The Employer agrees to and shall be bound by all terms and conditions of the Trust Agreements creating the Trust Funds set forth in this Article of the Agreement and by any rules, regulations or By-Laws adopted by the Trustees of the Funds to regulate said Funds, as they may be amended from time to time, except to the extent any Funds’ document contradicts the terms of this Agreement.

 

e) On the fifteenth day of each month the Employer shall submit to Trustees of the Trust Funds set forth in this Article of the Agreement reports covering the payroll periods ending during the prior month; these reports shall be made on forms furnished by the Trustees of the respective Funds, in such form and containing such data as the Trustees may from time to time determine in their discretion to be necessary.

 

f) Payments by Employers to Trustees of the Trust Funds set forth in this Article of the Agreement shall be payable on or before the fifteenth day of each month covering the payroll periods ending during the prior calendar month, except as provided in subparagraph g of this Section 19.

 

Section 21.

 

a) The Union shall offer a meeting to a delinquent Employer before issuing a letter holding the contractor from which the work was subcontracted liable for the fringe benefit delinquency (a “2a Letter”) and/or withdrawing labor from the Employer. If the contractor agrees to the meeting, a 2a letter will not issue and a withdrawal of labor will not occur against the Employer for at least ten working days after the offer to meet. During such ten-day period, the Union will not unreasonably deny the request of an Employer to forward a letter to the contractor from which the work was subcontracted requesting payment be made to the Employer to avoid issuance of a 2a letter.

 

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b) A contractor shall not be considered delinquent, and no withdrawal of labor, or 2a letter shall issue if for the immediately prior full calendar quarter (i.e. Jan 1-March 31; April 1-June 30; July 1-September 30; October 1-December 31), the contractor i) has submitted bona fide remittance reports for all months in the manner and at the times required under the Agreement; ii) has paid at least 75% of the full amount of fringe benefit contributions, dues and MTDC PAC contributions owed as suggested by the reconciled reports for that quarter (as defined in Schedule C); and iii) is not delinquent in the payment of fringe benefit contributions, dues or MTDC PAC contributions for any other unaudited period (as compared to the reconciled reports) nor substantially delinquent in such payments for any audited period as elsewhere defined in the Agreement.

 

c) The Association and the Union shall establish a committee to confer regarding fringe benefit delinquencies arising from non-payment of contractors on specific jobs (the “NP Committee”). Upon request of either party the NP Committee shall meet and, by unanimous vote, may determine to require the application of Non-Payment Terms on a specific job. The Non-Payment Terms shall be that the Mason Tenders Master Independent Collective Bargaining Agreement then in effect (the “Master Independent Agreement”) shall apply on the site to any Employer thereafter commencing work at the site, including the provisions therein regarding personal liability. Copies of the current Master Independent Agreement have been provided to the Association, and are available on request.

 

Section 22.-

 

a) The books and records of the Employer shall be made available at all reasonable times for inspection and audit by the accountants or other representatives of the Trust Funds set forth in this Article of the Agreement, including, without limitation, all payroll sheets, W-2 forms, New York State Employment Reports, Insurance Company Reports and supporting checks, ledgers, general ledger, cash disbursement ledger, vouchers, 1099 forms, evidence of unemployment insurance contributions, payroll tax deductions, disability insurance premiums, certification of workers compensation coverage, and any other items concerning payroll(s). In addition, the aforementioned books and records of any affiliate, subsidiary, alter ego, joint venture, successor or related company of the Employer shall also be made available at all reasonable times for inspection and audit by the accountants of the Trust Funds set forth in this Article of the Agreement. The Employer shall retain, for a minimum period of six years, payroll and related records necessary for the conduct of a proper audit in order that a duly designated representative of the Trustees may make periodic review to confirm that contributions owed pursuant to this Agreement are paid in full.

 

b) In the event, after the Trustees have made a reasonable request, the Employer fails to produce its books and records necessary for a proper audit, the Trustees, in their sole discretion, may determine that the Employer’s monthly hours subject to contributions for each month of the requested audit period are the highest number of employee hours for any month during the twelve months audited, or during the last twelve months for which reports were filed, whichever monthly number of hours is greater. Such determination by the Trustees shall constitute presumptive evidence of delinquency. Prior to making such determination, the Trustees shall mail a final seven day written notice to the Employer advising him that such determination shall be made if the Employer does not schedule a prompt audit. Nothing herein shall mean that the

 

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Funds relinquish their right to commence legal proceedings to compel an examination of the Employer’s books and records for audit.

 

c) If after an audit of its books and records the Employer is found to be substantially delinquent, as defined herein, in the payment of fringe benefit contributions to the Trust Funds set forth in this article of the Agreement, the Employer shall bear the actual cost of the audit, unless unreasonable. Substantially delinquent for purposes of this Section is defined as any deficiency in the payment of fringe benefit contributions to the Trust Funds set forth in this Article of the Agreement in excess of ten percent (10%) of the fringe benefit contributions paid to the Trust Funds set forth in this Article of the Agreement during the period that is subject to the audit. In the event the Trust Funds set forth in this Article of the agreement bring an action to recover the actual costs of audit, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.

 

d) In the event the Employer fails to produce the books and records necessary for an audit as set forth in subsection 20(a) of this Article of the Agreement, the Employer agrees to pay a penalty of $400.00. In the event the Trust Funds set forth in this Article of the Agreement bring an action to obtain an audit of the Employer’s books and records, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.

 

e) If after an audit of its books and records the Employer is found to be delinquent in the payment of fringe benefit contributions to the Trust Funds set forth in this Article of the Agreement then the Employer shall pay, in addition to the delinquent fringe benefit contributions, interest on the unpaid amounts from the date due until the date of payment at the rate prescribed under section 6621 of Title 26 of the United States Code. In the event the Trust Funds set forth in this Article of the Agreement bring an action to recover the interest on delinquent fringe benefit contributions, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.

 

f) In the event that formal proceedings are instituted before a court of competent jurisdiction by the Trustees of the Trust Funds set forth in this Article of the Agreement to collect delinquent contributions to such Fund, and if such court renders a judgment in favor of such Fund, the Employer shall pay to such Fund, in accordance with the judgment of the court, and in lieu of any other liquidated damages, costs, attorney’s fees and/or interest, the following:

 

(A) the unpaid contributions.

 

(B) interest on unpaid contributions determined by using the rate prescribed under section 6621 of Title 26 of the United States Code.

 

(C) interest on the unpaid contributions as and for liquidated damages.

 

(D) reasonable attorneys’ fees and costs of the action.

 

(E) such other legal or equitable relief as the court deems appropriate.

 

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(g) The Employer hereby agrees that in the event any payment to the Union or to the Trust Funds set forth in this Article of the Agreement by check or other negotiable instrument results in the check or negotiable instrument being returned without payment after being duly presented, the Employer shall be liable for additional damages in the amount $250.00 to cover such additional costs, charge and expenses. Nothing herein is intended, nor shall be interpreted, to mean that the Trust Funds set forth in this Article of the Agreement or Union waive any other liquidated damages.

 

ARTICLE VII

 

Section l.-

 

Except as expressly limited by other provisions of this Agreement, each Employer retains the sole right: to manage the affairs of its business and to direct its workforce; to hire, promote, transfer, or layoff, or to discipline or discharge; to promulgate reasonable work rules not inconsistent with this Agreement; to select foremen; to assign and schedule work; to select employees to be laid off, except as limited by Article IX, Section 1 (h); to assign and change the work, duties and job functions of specific employees; to determine the qualifications and competency of employees; to determine the number of hours to be worked; to discontinue or close down, temporarily or permanently, in whole or in part, the operations of its business or to sell part or all of such business or operations; to determine the number of employees assigned to any particular job or task; and to carry out the ordinary and customary functions of management. No rules, customs, or practices which limit or restrict productivity, efficiency or the individual and/or joint working efforts of employees shall be permitted or observed. The Employer may utilize any methods or techniques of operation.

 

Section 2.-

 

There shall be no limitation or restriction by the Union upon the Employer’s choice of materials or design, nor, regardless of source or location, upon the selection or use of equipment, machinery, packaging, materials, tools, or devices, except as restricted by otherwise applicable contractual or legal safety constraints.

 

Section 3.-

 

The use of technology, equipment, machinery, tools and/or labor saving devices and methods of performing work may be initiated by the Employer from time-to-time during the term of this Agreement. If there is any disagreement between an Employer and a Union concerning the use or implementation of any such device or method of work, the implementation shall proceed as directed by the Employer, and the Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article XI of this Agreement, except that the Employer shall not implement any disputed changes affecting the employees’ hygiene, health or safety prior to a final determination by the Joint Arbitration Board or Arbitrator pursuant to Article XI.

 

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ARTICLE VIII

 

Section 1.-

 

The Employer shall supply all necessary tools on the job required in performing the work covered by this Agreement. The Employer shall supply as safe and adequate a place for Interior Demolition Workers to store their outerwear and clothing as is reasonably practicable.

 

Section 2.-

 

Interior Demolition Workers on the job shall wear in plain sight, numbered badges (not to exceed one and one-half inches (1 1/2″) in diameter) when requested to so by the Employer; such badges shall be furnished without charge by the Employer.

 

Section 3.-

 

The Employer, Interior Demolition Workers or the agents of either shall not accept or give directly or indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to any person for the purpose of effecting any change in rate of wages. The Employer or its representatives shall not be permitted to give any advance in wages to Interior Demolition Workers, nor shall they be permitted to lend money to Interior Demolition Workers.

 

Section 4.-

 

a) In buildings thirteen stories in height or over, an elevator shall be provided to carry Interior Demolition Workers to and from their work during regular hours of employment after the work has reached the twelfth floor. Consideration shall be given to Interior Demolition Workers working on higher stories if elevator service is not maintained, and a reasonable time shall be allowed to and from work.

 

b) In order to establish a maximum weight of material and the barrow to be handled by one laborer, it is agreed that the combined weights of the materials and the barrow shall not exceed three hundred pounds.

 

Section 5.-

 

No provision of this Agreement shall supersede any Municipal, State or Federal law which imposes more stringent requirements as to wages, hours of work, or as to safety, sanitary, or general working conditions than are imposed by this Agreement.

 

Section 6.-

 

The Employer may require Demolition Workers to sign time sheets on the job at the beginning and end of their shifts, provided all Demolition Workers on the job are subject to the same requirement, adequate paid time is provided to complete the time sheet at the beginning and end of the shift; and the obligation to complete the time-sheet is imposed on all shifts and at all times when work is being performed at the job.

 

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ARTICLE IX

 

Section 1.-

 

a) The Union shall designate one working Skilled Interior Demolition Worker who shall be referred from the out-of-work list as a Shop Steward for each shift and who shall be the second person on the job (after the Foreman), and the Union shall notify the Employer in writing of the identity of the designated Shop Steward prior to that person’s assumption of the duties as Shop Steward. Where there are overlapping shifts, each shift shall have its own Shop Steward and each Shop Steward shall be responsible for said Shop Steward’s own shift only. Each Shop Steward shall perform the duties as Shop Steward with the least possible inconvenience to the Employer. The Shop Steward is to work as an Interior Demolition Worker and shall not use the position as Shop Steward to avoid performance of duties as a working Interior Demolition Worker. Such designated Shop Stewards shall not exercise any supervisory functions. There will be no non-working Shop Stewards. There will be only one Shop Steward for each shift.

 

b) The Shop Steward shall perform the duties as Shop Steward at the beginning and end of each shift, except in the event of an emergency that places an employee’s health or safety at risk. At both the beginning and the end of each shift, the Shop Steward’s time to perform the non-emergency duties shall not exceed five minutes per each five Interior Demolition Workers on the shift, provided further that as soon as the Shop Steward has completed said duties, the Shop Steward shall immediately begin to perform duties as a working Interior Demolition Worker. In addition to performing work as an Interior Demolition Worker, the Shop Steward shall have the right to receive, but not promote, complaints or grievances and to discuss and assist in the adjustment of the same with the Interior Demolition Worker’s appropriate supervisor. Each Shop Steward shall be concerned with the employees of the Shop Steward’s shift and Employer covered by this Agreement and, if applicable, subcontractor, and not with the employees of any other shift or Employer or with any employees not covered by this Agreement. The Employer will not discriminate against the Shop Steward in the proper performance of the Shop Steward’s union duties, subject to the provisions of the Agreement.

 

c) When an Employer has multiple, non-contiguous work locations on the site, the Employer may elect to have the Union appoint additional working Shop Stewards to provide independent coverage of one or more such locations, or allow the existing Shop Steward reasonable time away from said Shop Steward’s work duties to service such other locations with approval from the Shop Steward’s supervisor, which approval will not be unreasonably withheld.

 

d) Shop Stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

 

e) The Employer shall not recognize any Union representative or Shop Steward of whom it has not been informed in writing.

 

f) Shop Stewards shall be governed by the same rules regulating work and access to job sites as other employees.

 

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g) Shop Stewards may not stop working or leave their work areas to investigate grievances without authorization from their supervisor. The investigation and presentation of grievances shall be transacted in as short a time as possible and shall not interfere with the operations of the Employer.

 

h) If the Shop Steward is discharged or rejected, the Shop Steward shall at once be replaced by the Union. The termination of said Shop Steward may be grieved in accordance with the provisions of Article XI, and if the Shop Steward is found to have been improperly terminated, the Shop Steward shall be paid for all time lost for the duration of the job for which the Shop Steward was appointed, not to exceed thirty days, and shall be reinstated, if appropriate. The Shop Steward is to work up to the completion of the job and shall be the second to the last Interior Demolition Worker to be laid off.

 

i) In the event work on a job starts and is completed prior to the employees working at least four hours, the Employer may require that the Shop Steward go to work at another nearby job for the Employer. The employee will continue to be paid at the Skilled Demolition Worker rate of pay, and must be paid (and have fringe benefit contributions made on his/her behalf) for all time commencing from the start of the first job to the conclusion of the work day on the job to which he is transferred. The individual shall be counted as a Company selected Demolition Worker on the job to which he is transferred. The transfer shall not diminish the employee’s right to take a regular lunch break. In the event the employee refused the transfer, he shall only be paid (and have fringe benefits paid) for time worked on the first job.

 

Section 2.-

 

The selection of Foremen and the number of Foremen required shall be the responsibility of the Employer. Foremen shall be designated as working foremen at the discretion of the Employer. Foremen shall take their direction from the Employer’s supervisor, and employees shall take their direction from the Foremen or any authorized supervisor. There shall be no restriction on the right of a supervisor to perform work covered by this agreement where such work is (i) of an incidental nature, (ii) necessary to the safety of the work or the employees, (iii) performed in connection with the instruction or training of unit employees, or (iv) required due to an emergency or circumstances beyond the employer’s control.

 

Section 3.-

 

Shop Stewards and Foremen shall not be designated, selected or required for any Interior Demolition Worker performing safety watch duty.

 

Section 4.-

 

The Business Agent, Business Manager or other designated representative of the Union shall have the right to visit and go upon the Employer’s jobs during working hours for the sole purpose of administering this Agreement, provided that the Union representative (a) shall report to and advise the Employer’s supervisor of his visit upon his arrival at the job site and (b) shall not unreasonably interfere with the Employer’s operations. The Employer shall not unreasonably interfere with such Union representatives in the proper performance of their duties.

 

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ARTICLE X

 

Section 1.-

 

a) There shall be no strikes, sympathy strikes, walkouts, picketing, work stoppages, slowdowns, boycotts or other disruptive activity of a similar nature at a job site of, or otherwise directed at or affecting any Employer during the term of this Agreement, and there shall be no lockouts by any Employer, except:

 

(i) Where the Employer, at any job site, contracts or subcontracts work covered by this Agreement to any other person, firm, partnership, corporation or joint venture that is not bound or does not become bound by an Agreement with the Union, provided that the Union has first given twenty-four hours notice to the Employer.

 

(ii) If, within five (5) business days of issuance, an Employer fails to comply with an arbitration award, court order or judgment, or National Labor Relations Board order or decision, that the Employer is in arrears on monies payable to employees or any of the Fringe Benefit Funds as required by Article VI of this Agreement, the Union shall be permitted to withdraw labor from such Employer and/or picket until the Employer complies with the award, order or decision.

 

(iii) If, after the provision of notices and opportunities to respond as provided below, the Employer is substantially delinquent in the payment of fringe benefit, dues check off, and/or MTDC PAC contributions. Thereafter, the Union shall be permitted to withdraw labor from such Employer and/or picket until the Employer pays the full deficiency.

 

For purposes of this subsection an Employer shall be substantially delinquent for a period that has not been the subject of a final audit if during any such period covering three or more months, the Employer has failed to pay at least seventy five percent (75%) of the full amount of fringe benefit, dues check off, and/or MTDC PAC contributions due under the reconciled reports (as defined in Schedule C hereto), and within ten calendar days of being so notified, fails to pay at least such amounts as are sufficient to bring the Employer to the position of having paid seventy five percent (75%) of the fringe benefit, dues check off and MTDC PAC contributions owed for the months at issue. (The notices required to be provided in this paragraph and paragraph a)(iv) below shall be made by certified mail return receipt requested, with a copy forwarded to the representative of the Association.)

 

For purposes of this subsection an Employer shall also be substantially delinquent if ten calendar days have elapsed since the Employer’s receipt of a final audit determining that the Employer has a deficiency in wages, fringe benefit, dues check off, and/or MTDC PAC contributions for the audited period that exceeds ten percent (10%) of the wages, dues obligations, fringe benefit contributions and/or MTDC PAC remittances paid during the period, and the Employer has not either (A) paid the deficiency or (B) provided an opinion letter from its own certified public accountant that another amount or no amount is due and posted a bond in the amount of either twice the amount determined by the Employer’s accountant or in the amount of the final audit, whichever is less.

 

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(iv) If the Employer has failed to post and maintain a bond as required under this Agreement, has unreasonably or repeatedly refused to allow the Fund’s auditors to conduct a payroll audit as provided under this Agreement, or is notified of its failure to submit remittance reports covering two or more months, as required under this Agreement, and fails to submit such reports within ten calendar days of the notice.

 

(v) If the Union reasonably concludes that Mason Tenders on any job have not been paid, or are being paid less than the rate of wages prescribed in this Agreement. It is understood that in the event of an underpayment or non-payment of wages in a manner that does not result in the employee receiving a record of receipt of such payments or does not result in the payment appearing on the Employer’s regular payroll records, the Union shall be deemed to have reached a reasonable conclusion if it relies on written worker statements, photographic evidence, writings of an Employer (such as on an envelope), or other reasonably reliable forms of documentary or eye witness evidence indicating at least two workers were underpaid or not paid as required under the Agreement.

 

b) It shall not be a violation of this Agreement for an employee to refuse to cross or work behind a lawful primary picket line established by another union, but it shall be a violation of this Agreement and cause for discharge or disciplinary action for an employee to refuse to cross or work behind any jurisdictional or recognitional picket line by another union concerning work covered by this Agreement or any picket line in violation of this Agreement.

 

c) The Union shall not be responsible for any unauthorized strike or its results as long as the Union complies with its obligations set forth in Section 2 of this Article.

 

d) The parties to this Agreement agree that no damages of any kind or nature shall be awarded or allowed against the Union and its affiliated locals, or any officer or member thereof by reason of the withdrawal of men from a job pursuant to subsections a(i), (ii), (iii), (iv) or (v) of this Section 1.

 

Section 2.-

 

The Union shall take the following steps to obtain compliance with this Article. In the event of a strike, sympathy strike, walkout, picketing, work stoppage, slow-down, boycott or other disruptive activity at or affecting a job site of, or otherwise directed at or affecting, any Employer during the term of this Agreement, not authorized by subparagraphs a (i), (ii), (iii), (iv) or (v) of Section 1 of this Article: the Union will immediately (1) order each employee to return to work or otherwise cease violating the Agreement and (2) post notices and otherwise advise the employees that the strike or stoppage is unauthorized and in violation of the Agreement.

 

Section 3.-

 

The Employers shall have the right to discharge or discipline any employee who violates the provisions of this Article. Such discharge or discipline shall be subject to the grievance-arbitration procedure but limited only to the question of fact as to whether or not such employee did engage in an activity in violation of this Article. If the fact of the employee’s violation is established, the penalty imposed by the Employer shall be confirmed and shall not be subject to review or modification by the arbitrator.

 

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Section 4.-

 

In the event of a violation of Section 1 a) of this Article, but excluding action(s) claimed by the Union to be taken under subsection (i),(ii), (iii) or (iv) thereof, the Employer may bring an action in federal court against the Union for damages and/or injunctive relief. However, it is understood that no damages shall be awarded for any sympathy strike.

 

Section 5.

 

In the event after the withdrawal of labor under the preceding Article X, Section 1(a), the Union permanently or provisionally discontinues such withdrawal to allow work to resume on the same work day/shift, it shall be an imputed term of any such return to work (applicable unless otherwise agreed in writing by the parties at the time), that employees shall be paid for all time lost as a result of the withdrawal of labor.

 

ARTICLE XI

 

Section 1.

 

a) This Agreement is intended to provide close cooperation between management and labor, and to facilitate the economically efficient completion of work pursuant to this Agreement economically, efficiently, continuously and without interruption, delays or work stoppages.

 

b) The Employers, the Unions and employees collectively and individually realize the importance to all parties to maintain continuous and uninterrupted performance of work pursuant to this Agreement, and agree to resolve disputes in accordance with the arbitration provisions set forth in this Article.

 

Section 2.

 

Any question, complaint, dispute or grievance arising out of and during the term of this Agreement involving its interpretation and application – other than trade jurisdictional disputes (which shall be resolved through the New York Plan for the Settlement of Jurisdictional Disputes); disputes related to the Union’s compliance with Article X, Section 1(a)(i)(ii)(iii)or(iv) of this Agreement; claims, disputes and demands arising out of the Employer’s fringe benefit contribution obligations, dues obligations and/or MTDC PAC obligations as set forth in Article VI of this Agreement; and disputes concerning the termination, extension or modification of this Agreement as set forth in Article XIII of this Agreement shall be considered a grievance and subject to resolution under the following procedures. The Steps listed below shall be followed in sequential order:

 

Step 1: The Employer or his representative shall meet with the representative of the Union and attempt to adjust the grievance between them on a job-level basis as promptly as possible, but in no event later than 15 working days after the grieving party knew or should have known of the grievance, whichever is later, except with respect to wage claims which shall be made as promptly as possible but in no event later than thirty calendar days after the grieving party knew or should have known of the grievance, which ever is later. If the parties at this step cannot resolve the grievance within the referenced fifteen or thirty day period, either party has a maximum of ten working days to appeal the grievance to Step 2 by giving written notice to the

 

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other party stating, at a minimum, the basic nature of the dispute and the time it arose (such submission may thereafter be subject to reasonable amendments in the event of an omission, mistake or new information). The above notwithstanding, no grievance shall be filed more than six months after it arose (the commencement and running of such period being defined in the same manner as under NLRB Section 10(b)), except grievances regarding wages owed for Tier violations that are uncovered through an audit, which must be filed no later than 30 days after the issuance of the audit.

 

Step 2: Upon receipt of the requisite written notification invoking Step 2, a representative of the Local Union Grievance Department and a representative of the Employer shall endeavor to meet within 10 days of the referral of the dispute to this Step 2 to arrive at a satisfactory settlement. If the parties fail to reach agreement, the party against which the grievance is brought shall have ten working days from the referral of the dispute to Step 2 to deny the grievance by giving written notice to the other party of the denial.

 

Step 3: Upon receipt of the requisite written denial concluding Step 2, the grieving party shall have 30 days to submit the matter to arbitration by providing written notice to the other party (and if brought against an Employer to the Association), stating its intent to arbitrate the matter. An arbitrator shall be selected from the following rotating panel (in the order in which they herein appear): Richard Adelman, Howard Edelman, Robert Herzog and Roger Maher . If an arbitrator due to serve is unable to provide at least three open dates within three months of the submission of the dispute to arbitration and the parties and arbitrator are unable to agree on a mutually acceptable date; the grieving party may elect to have the next arbitrator serve if he/she has more available dates in the three-month period following the submission. The parties and selected arbitrator shall follow the American Arbitration Association rules for voluntary resolution of labor cases, for all matters not specifically addressed herein.

 

The arbitrator shall fix a time and a place in New York, New York for a hearing upon reasonable notice to each party. The Arbitrator shall render a decision within thirty days from the final submissions, which shall be binding upon both parties, but the Arbitrator shall have no power to render a decision which adds to, subtracts from or modifies this Agreement.

 

The parties to the Arbitration shall bear equally the expenses of the Arbitrator and, if applicable, the rental of the place of arbitration and transcription fee. All other expenses attendant to arbitration will be borne by the party incurring them, including the expense of any witnesses called by such party. If an employee is called by an Employer to appear at any arbitration proceeding under this Agreement, he shall be reimbursed by the Employer for any time lost at his regular straight time rate of pay. The preceding sentence shall not apply in the case of witnesses called by the Union.

 

No party shall be required to arbitrate more than one issue at a single hearing, except as otherwise provided in this Agreement.

 

In the event of the grievance of a wage claim, any award of back pay shall be limited to the unpaid portion of wages during the relevant contiguous six-month period. Notwithstanding the otherwise applicable exclusion from the grievance/arbitration process of issues related to fringe

 

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benefit contributions, dues and MTDC PAC obligations, any award of wages to an employee shall require payment to the appropriate entity of all Fringe Benefit Fund contributions, dues and MTDC PAC obligations owed for the same period on behalf of the employee.

 

Only the Union, the Association and the Employer may initiate, have access to, or be parties to grievance and arbitration under this Agreement.

 

Section 3.-

 

On the third violation and thereafter arising against any employer within a one month period alleging that the employer has failed to notify the Union of a job and failed to employ Demolition Workers referred from the Union, an additional amount equal to 20% of the amount owed shall be paid to the Union as liquidated damages.

 

Section 4.-

 

Failure of the grieving party to timely file a grievance shall render the grievance null and void. Failure of either party to make appeals, or to submit responses to submissions, pursuant to the procedures specified in Steps 1 and 2 shall cause the grievance to be resolved on the basis of the opposing party’s last submission.

 

Section 5.-

 

Any Award or other resolution of a grievance reached pursuant to this Grievance and Arbitration provision shall be final and binding on the parties. In the event an employer fails to comply with the Award within five working days of its issuance, the Union shall have the right to withdraw its labor from the non-complying Employer until the Employer complies with the Award.

 

ARTICLE XII

 

Section 1.-

 

a) It is further agreed by and between the parties hereto that if any Federal or State Court shall at any time decide that any clause or clauses of this Agreement is or are void or illegal, such decisions shall not invalidate the other portions of this Agreement, but such clause shall be stricken out and the remaining portion of this Agreement shall be considered binding between the parties hereto.

 

b) Any provisions of the Agreement hereinabove mentioned which provide for Union security or employment in a manner and to an extent prohibited by any law or the determination of any Governmental Board or Agency, shall be and hereby are of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions of the said Agreement which are hereby declared to be of no force or effect because of restrictions imposed by law is or are determined either by Act of Congress or other legislative enactment or by a decision of the Court of highest recourse to be legal or permissible, then any such provision of the said Agreement shall immediately become and remain effective during the remainder of the term of this Agreement. The Union reserves the right to re-negotiate any of the provisions of the Agreement which may be of no force or effect, provided, however, that such

 

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negotiation shall not suspend or otherwise affect the obligation of the parties under Article X during the term of this Agreement.

 

Section 2.-

 

The Association agrees that within forty-eight hours after the execution of this Agreement, it will submit to the Union a schedule setting forth in full each member of the Association, giving the name and address. When any member of the Association is doing business under a trade name, the name of the principal shall also be given. The Association further agrees that it will immediately notify the Union in writing of any change in its membership, setting forth the names and addresses of any new members of the Association, and setting forth the names and addresses of those members which may have dropped out or been suspended from the Association.

 

Section 3.-

 

The Association and the Union agree that their efforts will be employed in the public interest to increase production and reduce costs by maintaining maximum man rate output, and to use all machinery, tools, appliances, or methods which may be practical.

 

Section 4.-

 

The Union shall have the option to terminate this Agreement with the Interior Demolition Contractors Association should the Association merge, join, consolidate or combine with any other employer, group, organization or association.

 

Section 5.-

 

a) If, within the jurisdiction of this Agreement, the Union enters into any agreement with any employer that provides, contains or otherwise permits more favorable terms or conditions of employment to such employer in the performance of bargaining unit work than are provided for in this Agreement, then each Employer shall have the option within thirty (30) days of when the Employer first knew or should have known of such more favorable terms and conditions to cause such more favorable terms (including all related terms which are more favorable to the Union), to supersede the inconsistent terms and conditions of this Agreement effective the date notice of such election is provided to the Union.

 

b) If, within the jurisdiction of this Agreement, the Union allows any practice by any employer that provides or permits more favorable terms or conditions of employment to such employer in the performance of bargaining unit work than are provided for in this Agreement, and the Union fails to file a grievance or take appropriate action to bring about a complete cessation of such practice within ten (10) calendar days of its receipt of written notice thereof from the Association, then such more favorable terms and conditions shall be available to the members of the Association.

 

c) The preceding paragraphs a. and b. of this Section shall apply only to terms and conditions of employment provided in, or maintained under, an Independent or employerspecific collective bargaining agreement entered into by the Union.

 

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Section 6.-

 

This Agreement shall be binding on the parties, regardless of any change of name by the Mason Tenders District Council of Greater New York or changes in the composition of its constituent local unions. This Agreement shall be enforceable by the Association, the Mason Tenders District Council of Greater New York, its successor, the Trust Funds set forth in Article VI of the Agreement, and any constituent local so authorized by the Mason Tenders District Council of Greater New York or its successor.

 

Section 7.-

 

The Employers and the Union obligate themselves to live up to all the provisions of this Trade Agreement in good faith.

 

Section 8.-

 

The failure of either party to this Agreement to require strict performance of any of its rights under, or of any of the terms or conditions contained in, this Agreement shall not be deemed a waiver, modification or abandonment of its rights to insist upon strict performance of all the terms and conditions of this Agreement thereafter.

 

Section 9.-

 

a) Employers and their principals who have repeated “intentional incidents” of contractual non-compliance, as defined below, shall become bound to the MTDC Independent Interior Demolition Agreement (the “Independent Agreement”) then in effect, to the full extent as if that Agreement were set forth in full herein (including the provisions regarding personal liability), for the periods defined below. Issues regarding contract formation and expiration shall continue to be governed by this Agreement.

 

b) For purpose of this section, an “intentional incident” shall mean either i) any intentional violation by an Employer of Article III, Section 2e)(i) regarding an employer’s obligation to notify the Union of its jobs, or ii) the payment of any employee in a manner that does not result in the employee receiving a record of receipt of such payment or does not result in the payment appearing on the Employer’s regular payroll records.

 

c) The following consequences shall follow from employer acknowledgements in writing of intentional incidents or an Arbitrator’s determination that intentional incidents occurred:

 

A. In the event an Employer acknowledges or is found to have three intentional incidents in any six month period, it shall be bound to the Independent Agreement for a period of thirty calendar days from the date of the Award or last acknowledgment.

 

B. In the event an Employer acknowledges or is found to have four intentional incidents in any eighteen month period, it shall be bound to the Independent Agreement for a period of sixty calendar days from the date of the Award or last acknowledgement.

 

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C. In the event an Employer acknowledges or is found to have five intentional incidents during the effective period of this Agreement or any extension thereof, it shall be bound to the Independent Agreement from the date of the Award or last acknowledgement through the term of the Agreement, including any extension thereof.

 

D. In the event the Employer accumulates intentional incidents which satisfy the thresholds under Article XII, Section 9 c B or C above for coverage under the Independent Agreement, and the Employer has not previously had a period of coverage under the Independent Agreement, then the initial period of coverage shall be for 30 days as set forth in Article XII, Section 9 c A. Likewise, if the Employer accumulates intentional incidents which satisfy Article XII, Section 9 c C, and the Employer has only had one period of prior coverage under the Independent Agreement, then the second period of coverage shall be for 60 days as set forth in Article XII, Section 9 c B. After two periods of coverage under the Independent Agreement, all further acknowledged or found intentional incidents during the effective period of the Agreement shall cause the Employer to be bound to the Independent Agreement for the term of the Agreement or any extension thereof as set forth in Article XII, Section 9 c C. In the event the Union reaches a separate agreement with an Employer concerning issues raised under Article XII, Section 9, that separate agreement shall take precedence over Article XII, Section 9 to the extent there are conflicting or inconsistent terms.

 

d) If an Employer completes its first period of coverage under the Independent Agreement and sixty days elapse without an event occurring that is acknowledged or found to be an intentional incident, the Employer’s previous intentional incidents shall not be counted in calculating its exposure to future coverage under the Independent Agreement. Otherwise, all intentional incidents, whether or not they have already served as the basis for a period of coverage under the Independent Agreement, as well as intentional incidents that occur during an Employer’s coverage under the Independent Agreement, shall count towards future potential periods of an Employer’s coverage under the Independent Agreement.

 

e) The Union may, notwithstanding the time-limits or other procedural limitations contained in the grievance/arbitration provision of this Agreement: i) give written timely notice under Article XI, Section 2, Step 3 to the Employer and the Association of its intent to hold grievances involving this Section 9 in abeyance pending the aggregation of other grievances involving this Section 9, the procedural limitations contained in the grievance/arbitration provision of this Agreement notwithstanding, and ii) arbitrate all matters regarding intentional incidents committed by the Employer in a single consolidated case.

 

f) Incidents which are remedied through the Union’s withdrawal of labor under Article III, Section 3 above, shall not count as intentional incidents under this provision.

 

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Section l0.-

 

a) Employers and their principals hereby agree that in the event of their withdrawal, resignation, suspension or termination from membership in the Association, they shall during the remaining term of this Agreement, be bound by the terms of the MTDC Independent Interior Demolition Agreement then in effect, including the provisions regarding personal liability. Copies of the current MTDC Independent Interior Demolition Agreement have been provided to the Association, and future issuances of the Agreement shall be made available upon request.

 

b) In the event any Employer is found liable for violations of this Agreement arising from or relating in whole or part to the establishment or maintenance of an alter ego or work as a joint or single employer, the principals of the Employer shall be personally liable for all damages accruing from such violations.

 

c) It is understood that except as provided in this Article XII, Sections 9 and 10, Article VI, Section 21 c) and/or applicable law, representatives of the Employer shall not be personally liable for delinquencies arising from work performed under the 2009-2013 Agreement or thereafter, the provisions of any prior standard Independent Collective Bargaining Agreement entered into by an Employer with the Union notwithstanding.

 

Section 11. –

 

Miscellaneous other understandings reached by the parties in negotiations are attached hereto as Schedule E.

 

Section 12. –

 

The provisions of the administrative code of the City of New York, Title 20, Chapter 8

 

(Earned Sick Time Act) 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 including NYS Labor Law Section 196-b, 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.

 

ARTICLE XIII

 

Section l.-

 

This Agreement shall become effective and binding upon the parties hereto on the 1st day of July 2021, and remain in effect through June 30, 2025, and shall renew from year to year thereafter unless either party hereto shall give written notice to the other of its desire to modify, amend, or terminate this Agreement on its expiration date. Such notice must be given in writing by certified mail, postage prepaid, sixty days, but not more than ninety days, before the anniversary date of this Agreement. In the event one of the parties to this Agreement gives written notice of its desire to modify or amend this Agreement pursuant to this Article, the conditions established by this Agreement shall continue in effect during negotiations for a new Agreement.

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