AGREEMENT
between
INDEPENDENT CONTRACTORS
and
BRICKLAYERS AND ALLIED CRAFTWORKERS
LOCAL UNION NO. 1
STONESETTERS AND STONE TENDERS
July 1, 2021 through April 30, 2026
TABLE OF CONTENTS
| ARTICLE 1: Term | 1 |
| ARTICLE 2: Work Day | 1 |
| ARTICLE 3: Recognition | 2 |
| ARTICLE 4: Travel Allowance | 3 |
| ARTICLE 5: Payment Procedure | 3 |
| ARTICLE 6; Overtime | 4 |
| ARTICLE 7: Jurisdiction | 5 |
| ARTICLES: Employer/Union Member | 7 |
| ARTICLE 9: Discharge | 7 |
| ARTICLE 10: Job Seeking | 7 |
| ARTICLE 11: Arbitration | 8 |
| ARTICLE 12: Removal of Employees for Delinquent Contributions ARTICLE 13: Tools/Clothing/Shanty |
8 |
| 9 | |
| ARTICLE 14: Shop Steward | 10 |
| ARTICLE 15: Safety | 11 |
| ARTICLE 16: Apprenticeship System | 12 |
| ARTICLE 17: Foreman | 13 |
| ARTICLE 18: Number of Employees | 13 |
| ARTICLE 19: I.U.BA.C.- CBA & Other CBAs | 13 |
| ARTICLE 20: Notice | 13 |
| ARTICLE 21: Union Dues Books | 14 |
| ARTICLE 22: Non-Union Employers | 14 |
| ARTICLE 23: Severability | 14 |
| ARTICLE 24: Stonesetters Wages & Fringe Benefit Contributions ARTICLE 25: Stone Tenders Wages & Benefits Contributions ARTICLE 26: Trust Funds |
15 |
| 19 | |
| 22 | |
| ARTICLE 27: Funds Audit | 23 |
| ARTICLE 28: Favorable Terms | 25 |
| ARTICLE 29: Dues Checkoff | 25 |
| ARTICLE 30: Trust Agreements | 26 |
| ARTICLE 31: Non-Employers | 27 |
| ARTICLE 32: Subcontracting/Subletting | 27 |
| ARTICLE 33: Bonding | 28 |
| ARTICLE 34: Project Labor Agreements | 28 |
| ARTICLE 35: BAC Local 1 NY’s Job Targeting Program . . 28 | |
| ARTICLE 36: Equal Opportunity | 29 |
| ARTICLE 37: Paid Sick Leave | 29 |
This Collective Bargaining Agreement (“Agreement”),is made
by and between the Independent Contractor, signed hereto (here¬
inafter known as the “Employer”) and the Bricklayers and Allied
Craftworkers Local Union No.l (“Local 1” and/or “Union”),
ARTICLE 1
Term
The term of this Agreement is to run from July 1, 2021 to April
30, 2026, inclusive.
The Agreement between Independent Contractors and BAC
Local 1 shall be automatically extended and renewed from year
to year for one (1) year terms upon all of the above terms, condi¬
tions, and covenants, unless either party in this Agreement shall
notify the other party in writing no less than sixty (60) calendar
days prior to the then expiration of the Agreement of any change
desired.This notification shall be sent by certified mail. Notice of
intent to change the Agreement shall not be considered a notice
to terminate the Agreement.
ARTICLE 2
Workday
The hours of labor shall be from 8:00 A.M. to 3:30 P.M. with
a half hour lunch from 12:00 noon to 12:30 P.M. A coffee break
of fifteen (15) minutes will be observed two (2) hours after work
begins in the morning on a seven (7) hour day, and on an eight
(8) hour day. an additional coffee break of ten (10) minutes will
be observed two (2) hours after lunch break. Site work (defined
as “paving and base coarse”) shall be performed on an eight (8)
hour day.
Flexible starting time may be utilized on all jobs at the option
of the Employer. Flexible starting time must be utilized on a job
site basis and only after notice on or before noon on Tuesday
preceding the payroll week. Flexible starting time must be used
for one (1) or more payroll weeks as the program is currently run
in the industry. If a flexible starting time program is adopted, the
starting time may be any time between 6:00 A.M. to 9:00 A.M.
I
and may only be utilized between March 15th and Labor Day of
each respective year. Overtime shall begin after 3:30 P.M. except
when flexible start time is invoked by the Employer, or after the
seventh (7Ih) hour of work and shall be paid in accordance with
Article 6.
If Stonesetters and Stone Tenders cannot go to work due to
weather conditions, they shall be paid show-up time of one (1)
hour provided they remain on the job. Saturday,Sunday, Holidays
and off-hours work will require two (2) hours show-up pay at the
straight time rate provided they remain on the job.
ARTICLE 3
Recognition
(a) This Agreement is effective in the region of New York City
and all of Long Island within the State of New York.The Union is
hereby recognized as the exclusive Collective Bargaining Agent
of all Stonesetters, Stone Tenders and Apprentices (“employee(s)”) employed by the Employer party to this Agreement. The
term “Stonesetters,” “Stone Tenders” and “Apprentices” shall
include, but not be limited to, all persons employed on work
specified in Articles 7 and 25 hereof, respectively.
(b) Inasmuch as the Union has submitted proof and the Em¬
ployer is satisfied that the Union represents a majority of its
employees in the bargaining unit described herein, the Employer
recognizes the Union, pursuant to Section 9 (a) of the National
Labor Relations Act, as the exclusive collective bargaining agent
for all employees within the bargaining unit, on all present and
future job sites within the jurisdiction of the Union, unless and
until such time as the Union loses its status as the employees’
exclusive representative as a result of an NLRB election requested
by the employees. The Employer agrees that it will not request
an NLRB election.
2
ARTICLE 4
Travel Allowance
On all work within the confines of Greater New York, the
employee shall receive seven (7) hours work, namely from 8:00
A.M. to 3:30 P.M. provided there is no notice and consent to use
flexible time. All Journeymen Stonesetters and Stone Tenders
who are required to go on jobs outside the confines of Greater
New York shall receive the following travel allowances:
| Staten Isand | $7.00 per day |
| Nassau County | $7.00 per day |
| Suffolk County | $10.00 per day |
When the Employer has any work specified in this Agreement
to be performed outside of the area covered by this Agreement,
which is within the area covered by the standard agreement of
another affiliate of the BAC, the Employer agrees to abide by the
full terms and conditions of the BAC affiliate’s standard agree¬
ment in effect in the job site area with respect to both traveling
employees and employees hired in the job site area. Employees
covered by this Agreement who are sent to projects outside the
area covered by this Agreement shall be paid at least the estab¬
lished minimum wage scale specified in this Agreement but in no
case less than the established minimum wage scale of the local
agreement covering the territory in which such work is being
performed plus all contributions specified in the job site local
agreement. The Employer shall in all other matters be governed
by the provisions established in the job site local agreement. If
employees are sent to work on a project in an area where there is
no local agreement covering the work specified in thisAgreement,
the full terms and conditions of this Agreement shall apply.
The first nine (9) hours of overtime on Saturdays shall be paid
at time and one-half.
ARTICLE 5
Payment Procedure
Employees shall be paid every week before quitting time on
3
Thursday. The amount so paid shall be enclosed in envelopes,
with fringe benefit stamps, one to each employee with the time
amount in cash marked thereon and with the proper deductions
for Social Security and Withholding Taxes.The Employer’s name
and address shall be printed on the outside of the envelope. The
Employer may pay by check provided that the dishonoring of any
check shall entitle the employee so inconvenienced to fourteen
(14) hours additional pay, and said Employer must then pay by
certified check,for a period of at least one (1) year,and at that time
his case shall be reviewed by the Arbitration Board to determine
whether or not and under what conditions said contractor may
resume payments by check.The payroll week shall be determined
at the discretion of the Employer and shall continue for the dura¬
tion of the project. The payroll week must end between Monday
and Thursday. Once the Employer determines the payroll week,
it may only be changed upon mutual consent of the parties. Upon
written notice, the Employer may elect to end the payroll week on
Sunday and employees must be paid every week before quitting
time on Wednesday.
If an employee is required to work overtime on a day which
he is laid-off, payment for the overtime work shall be remitted
within three (3) days. Any lay-off within payroll period shall be
made at least one (1) hour prior to quitting time. Layoffs shall
become effective at quitting time 3:30 P.M. or seven (7) hours
after flexible starting time. Stamps for laid-off employees may be
mailed by Employers to the Union postmarked the next business
day. Replacement Journeymen Stonesetters must be paid by
check mailed to the Union and postmarked within seventy-two
(72) hours of the last day worked or the next applicable pay day,
whichever is first.
ARTICLE 6
Overtime
All overtime including Saturdays, Sundays and holidays, shall
be paid at double time rates. For all overtime work in excess of
seven (7) hours on weekdays, the first hour of overtime shall be
4
paid at a rate of time and one quarter, the second hour shall be at
time and one half, and thereafter it shall be double-time. Overtime
for site work (defined as “paving and base coarse”) shall begin
after the eighth (8*) hour of work. One (1) full hour’s pay shall be
paid for any portion of the hour worked. The first nine (9) hours
on Saturday will be paid at time and a half, thereafter they will
be paid at double time.
No work shall be performed on the following six (6) holidays:
New Year’s Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving and Christmas Day. Permission to work on any of
the above six (6) holidays, due to an emergency, may be granted
by the Trade Board. Work performed on the following two (2)
holidays, Presidents Day and Good Friday, shall be paid at the
established premium rate for overtime. In addition, Employees
shall only be required to work for a half day on Christmas Eve.
Employees shall receive a full day’s wages for work performed
on this half day.
ARTICLE 7
Jurisdiction
A qualified Journeyman Stonesetter shall have supervision over
all men engaged on operations where cut stone or any substitute
is used. The Stonesetter shall have sole jurisdiction over hand
derricks in connection with the setting of stone.
SECTION1.Stonemasonry shall consist of, but is not limited to,
the following work procedures and installation of the following
materials:
A.The laying of all rip rap, rubble work, with or without mor¬
tar, setting all cut stone, marble, slate or stone work (meaning, as
to stone, any work manufactured from such foreign or domestic
products as are specified and used in the interior or on the exterior
of buildings by architects and customarily called “stone” in the
trade); cutting all shoddies, broken ashlar or random ashlar that
is roughly dressed upon the bids and joints, and range ashlar not
over ten (10) inches in height; the dressing upon of all jambs,
5
comers and ringstones that are roughly dressed upon the beds,
jointsor reveals,and the cutting of a draft upon same for plumbing
purposes only, and the cleaning, cutting of joints and pointing of
stone work.
B. The installation, setup, operation and maintenance of any
robotic or mechanical device as it relates to work further described
in this Article.
C. This is to apply to all work in buildings, sewers, bridges,
railroads, bulkheads, breakwaters, jetties, playgrounds, parks,
landscaping and cubing or other public works, and to all kinds
of stone, particularly to the product of the locality where work is
being done. Stonemasons shall have the right to use tools which
they consider necessary in the performance of their work.
D. Cleaning, grouting, pointing, and other necessary work to
achieve and complete the work under the foregoing categories.
SECTION 2.This Agreement includes the setting and pointing of
artificial stone or any precast concrete or other substitute for cut
stone. This is to apply to all work on buildings, viaducts, bridges
and all other work including all stoops, doorways and vestibules
within Greater New York and Long Island. This Agreement shall
also include all work formerly performed by employees represent¬
ed for collective bargaining by Stone Masons Subordinate Local
33 New York. This Agreement also includes site work, which is
defined as paving and base coarse.
SECTION 3. All repairs, renovations, alterations, cleaning,
roughing and patching, cutting out of joints and pointing on old
stone work shall come under the classification of this Agreement.
The contractor shall furnish all special cutting tools on this work.
It is understood and agreed that any additional work jurisdiction
negotiated with any other association or employer may be added
to this agreement upon written agreement between the parties.
SECTION 4. Where the contractor elects to erect his own scaf¬
fold.Stone members of Local No. 1 shall retain the right to hang,
set,operate,assemble, move,and otherwise handle all scaffolding
6
required for the performance of their duty, with the exception of
scaffolding used and erected for multi-trade purposes.
ARTICLE 8
Employer/Union Member
Any employee who becomes an Employer must take out a with¬
drawal card of membership from the Union and his membership
shall cease, excepting any benefits that have accrued.
ARTICLE 9
Discharge
When employees are discharged for any cause, they shall upon
request of payment of wages be paid an hour before quitting time.
A violation of this ruling entitles the employee(s) to compensation
at working rates for the working time that elapses between the
time of discharge and the time of receiving his money providing
the claimant remains at the job during all the working hours until
he is paid. This time will not exceed two (2) days. No claims for
waiting time shall be allowed in excess of fourteen (14) hours.
Any person sent to an operation at the request of the Employer
and not started, weather permitting, shall receive four (4) hours
pay. If a Journeyman Stonesetter is started on an operation and
laid off the same day, he shall receive no less than seven (7) hours
pay.
Upon request of the Foreman to remain on the job after 9:00
A.M. because of conditions, the men shall be paid from 8:00
A.M. until told to leave the job, provided the men remain on the
job available for work from 8.00 A.M. If an employee is ordered
out on Saturday, Sunday or Holidays and does not start, he shall
receive four (4) hours pay at overtime rates. The Employer will
endeavor to advise employees of any weekend overtime by noon
Friday.
ARTICLE 10
Job Seeking
Any Stonesetter,Stone Tender and Apprentice shall be allowed
7
to go upon any job when seeking employment within the juris¬
diction of Local 1.
ARTICLE 11
Arbitration
Al! grievances or complaints which cannot be satisfactorily
adjusted between the individual Employer and the Union will be
submitted to a Stone Trade Board which shall consist of three (3)
Stone setting contractors selected by the Employer and three (3)
persons selected by the Union. The Stone Trade Board shall have
the power to rendera decision determining the facts in dispute and
to order the parties hereto to take such action as may be necessary
to assure compliance therewith, including the determination and
imposition of damages and fines and the costs of the Stone Trade
Board proceeding and such decision shall be final and binding
and conclusive with full rights of enforcement in any court of
competent jurisdiction. In the event of a tie vote, any party to the
dispute may submit the controversy to the American Arbitration
Association for the appointment of an Arbitrator, whose decision
will be final, binding and conclusive upon the parties with full
rights of enforcement in any court of competent jurisdiction.The
cost of the arbitration shall be borne by the party against whom
the award is rendered.
ARTICLE 12
Removal of Employees for Delinquent Contributions
No employee shall work for any one not complying with rules
and regulations herein agreed to. If a building be abandoned for
any cause, on which wages and various Funds contributions of
any of the employees are unpaid when due, the employees shall
reserve the right to refuse to work thereon until such wages and
contributions are paid. After receipt of notice of delinquency the
Employer must pay in full all fringe benefit contributions.
After a delinquency and a notice from the Administrator, and
after notice by certified mail from the Union to the delinquent
Employer of an intention to remove employees, any employee
8
so removed because of nonpayment of said contribution shall be
paid for loss of time not to exceed two (2) days pay. In the event
that an Employer unreasonably refuses to permit an audit by the
Funds’ designated auditor and after notice by certified mail from
the Union to the Employer of an intention to remove employees,
any employee so removed shall be paid for lost time not to ex¬
ceed two (2) days pay. The Arbitration Board of the Stone Trade
shall determine if the Employer is in default under this provision.
The parties to this Agreement provide, however, that at all times
the Trustees of the Fringe Benefit Funds shall have the absolute
discretion to establish new or modified rules and regulations
concerning payments of contributions to the Funds, including the
requirement that payments be made frequently.
ARTICLE 13
ToolsIClothinglShanty
Employees shall provide themselves with a proper kit of tools,
for which they shall be provided a suitable tool box by their Em¬
ployer, properly locked for the protection of his tools and clothing
only,said box to be moved from floor to floor as the job proceeds.
Employers shall be liable for all losses of clothing and tools at the
job site. An Employer is only responsible for loss of clothing and
tools due to the forcible entry’ or burning of shanty, tool house or
box. or lack of such facilities, and such liability shall be limited
to a sum not to exceed:
| $75.00 $80.00 $500.00 $100.00 $50.00 |
for a suit of clothes for shoes for tools for Setters for tools for Tenders for working clothes |
Pay ment to employees for losses of tools and clothing shall be
made by the Employer within fifteen (15) working days of such
losses. Tools shall include a four (4) foot level, trowel, mallet,
setting bar.hammer, pitching tool.two(2) carbide chisels,canvass
tool bag,six (6) foot ruler, fifty (50) foot tape,chalk box,dry line.
9
assorted wrenches and sixteen (16) ounce plumb bob.
Under nocircumstances shall an Employer apply himself to the
setting,cleaning or pointing of any stone work.Only Journeymen
Stonesetters shall work with any and all of the tools necessary to
the trade.
The Employer shall furnish all materials necessary for the
setting, pointing and cleaning of all stone or substitutes thereof.
A shanty shall be supplied by the Employer to provide heat
in the winter months upon the following terms and conditions:
(a) The heat is supplied by the general contractor or construction
manager free of charge to the Employer; (b) There must be a
minimum of three (3) Stonesetters working on the job site for a
minimum anticipated period of six (6) weeks; (c) The shanty is
located reasonably close to the stone setting operations.
ARTICLE 14
Shop Steward
SECTION 1. Shop Steward
(a) To effect the observance of this Agreement, each job shall
have a Shop Steward appointed as follows; the second person
employed shall be referred by the Union and designated as Shop
Steward. The Employer may layoff one (1) Shop Steward. How¬
ever, the Employer, for just cause, reserves the right under this
Agreement as to the continued employment of the replacement
Shop Steward.
(b) The Shop Steward shall determine that all Stonesetters and
Stone Tenders on the job are employed in accordance with this
Agreement. He shall see that the classification of trade as defined
herein is and that all terms of this Agreement are complied with.
He shall retain possession of the key to the toolhouse and see
that it is open in ample time at starting time, securely locked at
quitting times.
(c) The Employer shall not interfere with the Shop Steward’s
performance of his duties as such which shall be performed with
the least inconvenience to his Employeras possible. He is to w’ork
10
as a Stonesetter and not to use his position as Shop Steward as
an excuse to avoid performance of his duties as a Stonesetter. He
shall be one (1) of the last two (2) Stonesetters on the operation
including the Foreman, provided he is capable of performing the
work.
SECTION 2. Union representatives shall not be interfered with
when visiting any operation where Stonesetters or Stone Tenders
are employed.
SECTION 3. If a Shop Steward be discharged for inspecting the
cards of the employees on the job, or for calling the Foreman’s
attention to any violations of this Agreement, he shall be reinstat¬
ed at once until the matter is brought before the joint Arbitration
Committee for settlement. No Shop Steward shall be discharged
for inquiry after the cards of men working on any job nor shall the
Business Agent be interfered with when visiting any operations
where Journeymen Stonesetters are employed.
ARTICLE 15
Safety
Protection must be provided by either the general contractor,
mason builder or owner whenever necessary to protect life and
limb.
In the event of any injury by accident to an employee, the Shop
Steward shall immediately cease work, and shall then investigate
the cause of the accident and gather all evidence,such as would be
useful to establish any claim of the injured member or beneficiary
thereof.
The Union agrees to work with the Labor-Management Com¬
mittee to educate members on safety, including on smoking and
use of PPE. and to inform members of the fines that Employers
may incur if members violate those safety rules.
Employees shall attend an OSHA ten (lO)-hour certification
course conducted by an OSHA Training Institute.
11
ARTICLE 16
Apprenticeship System
Both parties to this Agreement agree to maintain an adequate
apprenticeship system for the industry, such system to be ad¬
ministered by a joint committee, appointed in equal number by
the Union and the Employer. Each Employer shall make the
designated contribution to the Apprenticeship Fund through the
prepurchase of Stamps as set forth in Articles 24 & 26. Appren¬
tices may be used in a setting gang. Wages of Apprentices shall
be the following percentage of a Journeyman’s rate:
| 40% 50% 60% 70% 80%.. 90% 100% |
0-800 hours 801-1440 hours 1441-2080 hours 2081-2720 hours 2721-3360 hours 3361-4000 hours completion of Apprenticeship |
Effective as practicable, wages of new Apprentices shall be
forty percent (40%) of the Journeyman’s rate subject to approval
of the Department of Labor with a ratio of two (2) Journeymen
to one (1) Apprentice.
The allocations for new Apprentices to the Vacation Fund and
Annuity Fund are as follows: Vacation Fund – $3.30 per hour
Annuity Fund – $3.25 per hour. The allocations set forth above
shall remain in effect until the new Apprentices reach the seventy
percent (70%)Apprentice rate,at which time the allocations to the
Vacation and Annuity Fund will beas set forth in this Agreement.
One (1) Apprentice may be employed for every two (2) Ston¬
esetters employed on the job.
Local 1 and the Employers agree to work to improve the train¬
ing of Stonesetter Apprentices under the JATC and IMI as well
as with Employers who provide training on the work site.
12
ARTICLE 17
Foreman
When four (4) or more employees are on an operation or em¬
ployed by a firm, a Stonesetter shall be designated as Foreman,
and he shall receive at least a minimum of $35.00 per day worked
above the standard rate.
ARTICLE 18
Number Of Employees
When setting pre-cast or a panelized stone system up to an
elevation of fifty (50) feet above grade (street level),a minimum
of one (1) Stonesetter shall be utilized regardless of the size of
the unit. If, in the Employer’s discretion, another employee is
needed to set stone up to an elevation of fifty (50) feet on pre¬
cast or a panelized stone system, the employee shall be a second
Stonesetter. A second Stonesetter will be utilized on pre-cast or
a panelized stone system where the elevation is fifty (50) feet or
above.
ARTICLE 19
I.VBA.C.– CBA and Other CBAs
The Employer shall not enter into any other collective bar¬
gaining agreement which provides for manning the work of the
Stonesetter or Stone Tender.
If an Employer having an agreement directly with the
I.U.B.A.C. of America does any work in the territory covered by
thisAgreement, the employer must comply with all the conditions
contained in this Agreement.
ARTICLE 20
Notice
All Employers agree to notify the office of BAC Local Union
1, New York, or Business Agent, prior to the starting date of any
stone setting operation.
13
ARTICLE 21
Union Dues Books
On jobs where employees are required to obtain identification
tags or cards before starting and are required to return same to the
job office at quitting time, or where the tool house provided for
their tools and wearing apparel is distant one hundred fifty (150)
feet from the building operation. Employees shall not leave the
tool house until starting time and the same consideration shall be
allowed them at quitting time.
Consideration shall be given to employees working above
twelve (12) stories if elevator service is not maintained, a rea¬
sonable time being allowed to and from work.
All employees will be trained under OSHA’s Hazard Commu¬
nications Standard and will also be given a C.P.R. course. The
Union shall not be liable for any of the cost and expense of this
training course.
All employees shall produce within forty-eight (48) hours
of the Employer’s request, identification cards certifying to the
completion of said training. Employees shall not be entitled to
receive compensation for attending such training courses.
ARTICLE 22
Non-Union Employers
NoStonesetter,Stone Tender or Apprentice shall perform work
for any Employer, including subcontractors, not signing an agree¬
ment to comply with all rules and regulations and to pay wages
as provided in this Agreement within the jurisdiction limits.
The Employer shall provide to the Union the employer’s full
name and current address, including the name of the principal
officer on an annual basis.
ARTICLE 23
Severability
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
14
clauses of this Agreement is or are void or illegal, such decision
shall not invalidate the other portions of this Agreement, but
any such clause or clauses declared void or illegal by a Federal
or State court shall be stricken out and the remaining portion of
this Agreement shall be considered binding between the parties
hereto.
ARTICLE 24
Stonesetters Wages & Fringe Benefit Contributions
SECTION 1. Stonesetters wages and fringe benefit contributions
increases for this Agreement shall be as follows:
Effective
Effective
Effective
Effective
Effective
1/1/2022:
5/1/2022:
5/1/2023:
5/1/2024:
5/1/2025:
Increase of 1.5% ($1.57) per hour
Increase of 2% ($2.13) per hour
Increase of 2% ($2.17) per hour
Increase of 3% ($3.32) per hour
Increase of 3% ($3.42) per hour
All increases are to be allocated and reallocated by Local 1.
All economic benefits given by the Union to the Contracting
Stonesetters Association (“CSA” or “Stonesetting Contractors’’)
have been given to the Independent Employers in this Agreement.
The Employer agrees to be bound to the various Trust Agree¬
ments of all Funds to which they contribute. An Employer who
fails to make prompt and timely payment of wages and/or fringe
benefits shall pay simple interest at a rate of ten percent (10%)
per annum, and twenty percent (20%) liquidated damages in
accordance with ERISA and as shall otherwise be provided by
applicable law.
International Pension Fund Funding Improvement Plan
The Employer and Union agree to the Alternate Statutory
Schedule of $1.40 per $.10 accrual with an increase in the Inter¬
national Pension Fund (“IPF’) contribution rate of 4% per year
2013 to 2016 and 6% per year 2017 to 2021, with such increases
in addition to the current IPF PPA 15% rate and, like the IPF PPA
contribution are non-benefit bearing.
15
Journeyman Slonesetter wages and fringe benefit contributions
hourly rates for this Agreement shall be as follows:
WAGE & BENEFIT SCALE
Effective January 1, 2022 Through April 30, 2022
| WAGES LOCAL DUES CHECK OFF LU. DUES CHECK OFF DEFENSE/ORGANIZING FUND RETIREMENT FUND LU. BAC PAC LOCAL BAC PAC VACATION FUND (TOTAL TAXABLE) *TooI Allowance (See Below) |
$52.06 PER HOUR* $3.30 PER HOUR $1.07 PER HOUR $0.17 PER HOUR $0.05 PER HOUR $0.05 PER HOUR $0.04 PER HOUR $11.80 PER HOUR $6834 PER HOUR |
(NON-TAXABLE)
INTL. PENSION FUND
1PF (PPA) SPECIAL ASSESSMENT
I.M.I.
INSURANCE & WELFARE
NEW YORK PENSION FUND
ANNUITY FUND
BAC LOCAL 1 LMRC
$1.50 PER HOUR
$1.27 PER HOUR
$0.90 PER HOUR
$10.70 PER HOUR
$11.50 PER HOUR
$11.80 PER HOUR
$0.20 PER HOUR
JATC
STONE APPRENTICESHIP FUND
(TOTAL NON-TAXABLE)
$0.05 PER HOUR
QJO_EEILtlQLLR
$38.02 PER HOUR
* ($5.00 PER DAY TOOL ALLOWANCE) For Journeymen & Apprentices
Apprentices who started their apprenticeship on or before July
1, 2002 qualify for 100% contributions when they have obtained
16
2250 hours. Apprentices who started their apprenticeship after
July 2, 2012 qualify for 100% contributions when they have
obtained 4,000 hours. The following hourly rates shall apply to
apprentices who have not qualified for 100% contributions:
WAGE & BENEFIT SCALE
Effective January 1, 2022 Through April 30, 2022
First Year Apprentice Rate (40%)
(TAXABLE)
WAGES
LU. DUES CHECK OFF
LOCAL DUES CHECK OFF
DEFENSE/ORGANIZING FUND
VACATION FUND
LOCAL BAC PAC
RETIREMENT FUND
LU. BAC PAC
(TOTAL TAXABLE)
*Tool Allowance (See Below)
$2051 PER HOUR*
$0.45 PER HOUR
$0.55 PER HOUR
$0.06 PER HOUR
$3.30 PER HOUR
$0.03 PER HOUR
$0.05 PER HOUR
$0,03 PER HOUR
$2538 PER HOUR
(NON-TAXABLE)
INTL. PENSION FUND
IPF (PPA) SPECIAL ASSESSMENT
I.M.I.
INSURANCE & WELFARE
NEW YORK PENSION FUND
ANNUITY FUND
STONE APPRENTICESHIP FUND
BAC LOCAL 1 LMRC
(TOTAL NON-TAXABLE)
$0.60 PER HOUR
$0.49 PER HOUR
$0.35 PER HOUR
$10.70 PER HOUR
$4.75 PER HOUR
$3.25 PER HOUR
$0.08 PER HOUR
$0.20 PER HOUR
$20.42 PER HOUR
($5.00 PER DAY TOOL ALLOWANCE) For Journeymen & Apprentices
17
The foregoing Apprentice fringe benefit rates shall apply to
Apprentices until the Apprentice reaches the 70% rate in Article
16 under this Agreement. After completing the 4,000 hours, they
shall receive the same fringe benefit as provided to Journeymen
under this Agreement. The reduced fringe benefit rates set forth
above for Apprentices shall apply only when the Apprentice
works with a Journeyman (i.e., if the Apprentice works alone
fringe benefits shall be paid at the Journeyman rate).
SECTION 2. Fringe Benefits will be based upon hours paid. Five
dollars ($5.00) per day will be paid as a Tool Allowance for the
duration of this Agreement for all Stonesetters and Apprentices.
The reduced fringe benefit rate set forth above for apprentices
shall apply only when the Apprentice works with a Journeyman
(i.e., if the Apprentice works alone fringe benefits shall be paid
at the Journeyman rate).
It is understood and agreed that the total hourly increase due
at each one-year interval may be reallocated by Local 1 upon
notice to the Employer, if such reallocation is determined to be
necessary by the Trustees of the Fringe Benefit Funds. Increases
in wages and benefits shall be coordinated with the beginning of
the nearest payroll week.
The prompt submission of reports and payments of all wages
and contributions provided for in this Article is essential for the
continued efficient operation of each of the Funds.
An Employer who fails to make prompt timely payment of
wage or fringe benefit contributions which necessitates enforce¬
ment or collection procedures (arbitration, court, N.L.R.B., or
otherwise) shall be required to pay all costs and expenses in
connection with such procedures including attorney’s fees and
such other assessments, simple interest at a rate of ten percent
(10%) per annum,and liquidated damages as shall be adopted by
the Trustees of such Funds and as shall otherwise be provided by
applicable law.
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ARTICLE 25
Stone Tenders Wages & Fringe Benefit Contributions
SECTION 1. Stone Tenders wages and fringe benefit contribu¬
tions increases for this Agreement shall be as follows:
| Effective 1/1/2022: Effective 5/1/2022: |
Increase of 1.5% ($1.57) per hour Increase of 2% ($2.13) per hour |
It is understood and agreed that the total hourly increase due
at each one-year interval may be reallocated by Local 1 upon
notice to the Employer, if such reallocation is determined to be
necessary by the Trustees of the Fringe Benefit Funds. Increases
in wages and benefits shall be coordinated with the beginning of
the nearest payroll week.
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WAGE & BENEFIT SCALE
Effective January 1,2022 Through April 30,2022
| WAGES LOCAL DUES CHECKOFF LU. DUES CHECKOFF BAC PAC LOCAL 1 BAC PAC INTL DEFENSE/ORGANIZING FUND RETIREMENT FUND VACATION FUND (TOTAL TAXABLE) (NON-TAXABLE) LU. PENSION FUND IPF PPA WELFARE FUND ANNUITY FUND I.M.I. BAC LOCAL 1 LMC JATC TOTAL |
$43.49 PER HOUR 0.88 PER HOUR 0.72 PER HOUR 0.03 PER HOUR 0.05 PER HOUR 0.17 PER HOUR 0.05 PER HOUR 15QJBERJOUR $50.89 PER HOUR |
| $1.50 PER HOUR 1.20 PER HOUR 10.70 PER HOUR 7.65 PER HOUR 0.65 PER HOUR 0.15 PER HOUR 0.05 PER HOUR $2150 PER HOUR |
The prompt submission of reports and payments of all wages
and contributions provided for in this Article is essential for the
continued efficient operation of each of the Funds.
An Employer who fails to make prompt timely payment of
wage or fringe benefit contributions which necessitates enforce¬
ment or collection procedures (arbitration, court, N.L.R.B., or
otherwise) shall be required to pay all costs and expenses in
connection with such procedures including attorney’s fees and
such other assessments, simple interest at a rate of ten percent
20
(10%) per annum,and liquidated damages as shall be adopted by
the Trustees of such Funds and as shall otherwise be provided by
applicable law.
SECTION 2. The Employer agrees that in the event that an In¬
dependent Contractor signed to this agreement or the CSA enters
into any agreement with any other trade or craft containing a
more favorable annual increase in the wage and benefit package
than those contained herein, the Employer agrees that such more
favorable terms and conditions shall automatically be extended to
Local 1 and the employees covered by this Agreement.
SECTION 3. Duties of the Stone Tenders shall be to tend to
the need of Stonesetters and shall include: Handling of natural
stone, artificial stone, precast or any substitute for stone; The
unloading of all equipment and material needed to accomplish
any stone setting operation; Operation of fork lifts or lulls for
unloading or distributing stone, cement, rigging, plank, anchors,
angle irons or any other material needed to accomplish any stone
setting operation.
SECTION 4. Local No, 1 shall have the right to have health and
welfare fringe benefits for Stone Tenders provided through the
Bricklayers Fringe Benefits Fund of BAC Local No. 1.
SECTION 5.StoneTenders whoare Certified Welders along with
Setters who are certified welders shall do all welding on stone
jobs. All of the duties of the Stone Tender shall be done under
the supervision of a Stonesetter Foreman. Stone Tenders shall be
required to do all rigging and hanging of chain falls. They shall
be able to demonstrate proper hand signals toequipment operators
of cherry pickers and conventional cranes when stones are being
set from fifty (50) feet elevation and below.
SECTION 6. On jobs where 6 or more Stone Tenders are em¬
ployed, one shall be foreman, who shall be required to report to
work and perform assigned duties, five days a week, and shall
receive straight time pay, except for layoff, and shall perform
work assigned by the Employer.
21
SECTION 7.There shall be no manning ratios for Stone Tenders,
except on panel, curtainwalls, truss or architectural precast where
Stonesetters and Stone Tenders shall form a composite crew
which shall be 50-50. If the crew consists of an uneven amount
of men, the contractor shall have the right to select the addition¬
al man. This crew shall be responsible for all bolting, welding,
drilling, burning and any other operation which may be needed
in the erection process.
ARTICLE 26
Trust Funds
All the following Funds shall be administered by joint com¬
mittees of Trustees and shall at all times be under the protection,
supervision and control of said committees of Trustees.The Union
shall furnish the Administrator with signed copies of all Collective
Bargaining Agreements.
The contributions for all Funds shall be deposited into various
Funds accounts to be used to purchase insurance, hospitalization,
medical sick benefits, vacations, etc., in accordance with the Trust
Agreements.
AH payments for stamps shall be by check, cash, or online.
However, the Employer is permitted to give individual employees
the option to request in writing that they receive only electronic
verification of their benefits payments rather than paper receipts.
Payment of wages to individual employees shall be by check or
direct deposit.
No stamps shall be furnished to any delinquent Employer; each
Employer must make a positive or negative employment report by
the fifteenth (IS0′) of the month following each calendar month of
employment. No stamps may be sold to an Employer, not making
such report. At the same time, as the above report is made, the
Employer shall furnish the Fund Office with individual checks
for payments for the Labor-Management Cooperation Fund and
Apprenticeship Fund.
The employee who continues to work for any Employer after
22
not receiving his weekly pay and/or his fringe benefit stamps,and
does not notify the Union or Fund Office of such fact shall have
his eligibility suspended for all Funds until the delinquencies have
been paid by the Employer.
The intent of the foregoing provision is to prevent unscrupu¬
lous employers and employees conspiring to deprive the Funds
and other employees of the proper amount of contributions and
benefits.
An Employer purchasing stamps by check will be charged a
two percent (2%) administrative fee if the check is dishonored
by the bank.
Stonesetters who are full-time paid officers of the Union shall
be considered employees of the Union and shall become parties
to the various Funds on the same conditions as other Journeymen
Stonesetters. In such case the Union shall pay the contributions
as any other employer to the Funds.
ARTICLE 27
Funds Audit
Each Employer shall at all times permit an audit of its books
and records by the Trustees of the several trust Funds named
herein, or their designated representatives, in order to determine
whether correct contributions have been made. The books and
records of the Employer shall be made available at reasonable
times for inspection and audit by, but not limited to, the accoun¬
tant, outside independent auditors or other representatives of
the Trustees of any of the Fringe Benefit Funds. The Employer
shall be required to disclose upon such audits all payrolls and
payroll ledgers including office payrolls, yard payrolls, New York
payrolls, New Jersey payrolls, computer payroll printouts, W-2
forms, quarterly federal payroll tax returns (Form 941), quarterly
state payroll tax returns (Forms WRS-2 and WRS-30), NYS-45s,
annual federal and state tax returns, cash disbursement journals,
purchase journals, general ledgers, New York State employment
records,insurance company reports,Employer remittance reports,
payroll and supporting checks,ledgers, vouchers, 1099 forms,ev-
23
idence of unemployment insurance contributions, payroll tax de¬
ductions, disability insurance premiums, certification of workers
compensation coverage, checks in support of any governmental
filings or tax payments, remittance reports and checks in support
thereof and any other documentation concerning payment of
fringe benefit contributions for hours worked by Employees re¬
mitted to multiemployer fringe benefit funds other than the Fringe
Benefit Funds described herein, and any other items concerning
payrolls. In addition, the aforementioned books and records of
any affiliate, subsidiary, alter ego, joint venture or other related
company of the Employer doing bargaining unit work within the
Union jurisdiction, shall also be made available at all reasonable
times for inspection and audits by, but not limited to, the accoun¬
tants, outside independent auditors or other representatives of the
Trustees of the Fringe Benefit Funds.The Employer agrees that if
it is found delinquent in the payment of contributions, or if it fails
to permit an audit of its books and records, the employer shall pay
reasonable attorney’s fees incurred by the Trustees,audit charges,
and a service charge of ten (10%) percent of the amount found to
be delinquent.
The Employer shall retain, for a minimum period of six (6)
years, payroll and related records necessary for the conduct of
a proper audit in order that the designated representative of the
Trustees may make periodic review to confirm that contributions
owed pursuant to this Agreement are paid in full. In the event,
after the Trustees have made a reasonable request, the Employer
fails to produce its books and records necessary fora proper audit,
the Trustees, in their sole discretion, may determine the Employ¬
er’s hours subject to contributions for the requested audit period
based on the greater of the following methods: 1) the highest
number of employee hours for any month during the twelve (12)
preceding months audited; or 2) the highest number of employee
hours for any month during the twelve (12) preceding months
audited; or 3) a number of hours based on a labor factor analysis
derived from contracts and invoices specifying the performance
of bargaining unit work. Nothing herein shall mean that the Funds
24
relinquish their right tocommence legal proceedings to compel an
examination of the Employer’s books and records for audit. The
Funds shall be entitled to an award of legal fees in the event the
Trustees deem it necessary to commence such an action regardless
of whether an audit finds contributions due and owing.
ARTICLE 28
Favorable Terms
The Union agrees that in the event it enters into any contract
with any employer or association within the territorial jurisdiction
of Local I which shall provide more favorable terms to such em¬
ployer, including rates of pay or conditions of employment, than
are provided in this Agreement, it will and hereby does authorize
the Employer to adopt such more favorable terms as its option.
Under the exercise of such option by the Employer upon at least
ten (10) days written notice thereof to the Union, such more fa¬
vorable terms and conditions will immediately and automatically
become a part of this Agreement.
ARTICLE 29
Dues Checkoff
The Employer agrees to deduct from the wages of each em¬
ployee covered by this Agreement who individually, in writing,
duly authorizes the Employer to make such deductions for Union
dues,the amount of assessments provided for in Article 24 of this
Agreement. The Union agrees to obtain a written authorization
of dues checkoff of every person referred by the Union to the
Employer.
The original signed authorization cards shall be kept on file at
the offices of the Union, and a copy thereof shall be kept on file
at the offices of the Employer.
Remittance by the Employer of the sums deducted from wages
shall be made by pre-purchase of Stamps utilized for the making
of contributions to the various Fringe Benefit Funds provided for
in this Agreement. Remittance by the Fund office to the Union
shall be made after receipt of employer reports verifying employ-
25
ee dues checkoff. Each Employer shall remain responsible for the
remittance of any dues withheld from its employees in excess of
the Stamp purchase for such purpose. Each Employer shall file
the report form furnished for reporting dues checkoff. Neither the
Funds nor the Trustees thereof shall have any responsibility for
the collection of dues withheld by employers hereunder.
The transmittal of dues checkoff to the Fund office is only a
convenience and neither the Funds nor the Trustees thereof shall
have any interest in or any responsibility with respect thereto.
The Form of Authorization to be signed by each employee with
respect to whom a deduction is to be made shall be approved by
counsel for the parties hereto.
It is expressly agreed that the authorizations furnished under
this Article shall be of no force and effect and no deductions shall
be made by any employer when there is no collective bargaining
agreement in effect to which the Employer and the Union are
parties.
It is expressly agreed that the Union assumes full responsi¬
bilities for the validity and legality of the deductions from the
employee’s wages made by such Employer and remitted to the
Union pursuant to this Article and the Union hereby agrees to
indemnify and hold the Employer harmless from all claims,
losses, expenses, liability and damages to which the Employer
at any time may be subject by reason thereof. If any such claim
is asserted or threatened against the Employer, the Union and the
Employer agree that the Union, at its sole cost and expense shall
undertake the defense of such claim on behalf of the Employer
and the Employer shall cooperate with the Union in the defense
thereof.
ARTICLE 30
Trust Agreements
The Employer agrees to be bound by the provisions of the
Trust Agreements pertaining to the Welfare, Pension. Annuity,
Additional Security Benefits. Vacation. Apprenticeship, and
26
Labor-Management Cooperation Funds, and any amendments
thereto. The Employer agrees to abide by the decision of the
Trustees of said respective Funds.
ARTICLE 31
Non-Employers
Contractors who exclusively perform pointing, caulking,
cleaning,sandblasting, patching, insulating,applying sealants and
cutting out joints, must notify the Union within forty-eight (48)
hours of starting operations. Failure to notify the Union within
forty-eight (48) hours will result in a penalty of Five Hundred
Dollars ($500.00) per day to be paid to the Union until notice is
given. These contractors shall complete and file with the Union a
report indicating the names of the employees, their social security
numbers, the type of work performed and the number of hours
of each type of work performed by each employee on a form
provided by the Union.This report is separate from the remittance
report,and must be filed with the Union by the fifteenth (1S”1) day
of the month for work performed in the preceding month.
ARTICLE 32
SubcontractinglSubletting
No Employer shall enter into a contract with any other person,
partnership, firm, corporation or joint venture employing Em¬
ployees to perform bargaining unit work on the same job-site,
unless such other person, partnership, firm, corporation or joint
venture has signed an agreement w ith the Union or is a member
of an employer association which has signed an agreement with
the Union.
The Employer must not subcontract bargaining unit work un¬
less the subcontractor receiving the subcontract has an agreement
with the Union. The Employer agrees to notify the Union when
they subcontract any work covered by this Agreement. The Em¬
ployer shall provide such notice to the Union within thirty (30)
days of subcontracting that work.
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ARTICLE 33
Bonding
Any Employer that does not maintain a permanent office within
the jurisdiction of this Agreement or that has not purchased Ten
Thousand (S10,000.00) Dollars in stamps within the previous
twelve (12) months shall be required to post a bond in the amount
of Twenty-Five Thousand ($25,000.00) Dollars from an accept¬
able surety company to guarantee the obligations of the Employer
to the Stonesetter Fringe Benefit Funds as provided in Articles 24
and 25 of this Agreement.Any Employer that is owned or affiliat¬
ed with a foreign corporation or company with a permanent office
outside of the United States of America shall be required to post a
bond in the amount of Fifty Thousand ($50,000.00) Dollars from
an acceptable surety company to guarantee the obligations of the
Employer to the Stonesetter Fringe Benefit Funds as provided in
Articles 24 and 25 of this Agreement. This bonding requirement
shall not apply to the Association members. Fringe Benefit stamps
shall not be sold to any Employer failing to comply with this
Article.
ARTICLE 34
Project Labor Agreements
The Union agrees to the terms of Project Labor Agreements
except for the economic relief contained in such agreements.
On all projects not covered by Project Labor Agreements, the
first hour of overtime beyond the first seven (7) hours shall be
paid at time and one quarter of the straight time rate.
ARTICLE 35
BAC Local 1 NY’s Job Targeting Program
The parties agree to the terms of the BAC Local 1 NY’s Job
Targeting Program as modified, to state that the awards shall be
paid quarterly and BAC Local I agrees it will apply to all BCTC
PLAs which require a reduction in the wages and benefits package
or an equivalent work rules concession.
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ARTICLE 36
Equal Opportunity
The Employer and Union mutually agree that each will comply
and cooperate with all federal, state and local laws and regula¬
tions which require equal employment opportunities. “Equal
employment opportunity,” as defined by E.O. 50, § 3(i), as
amended, means “the treatment of all employees and applicants
for employment without unlawful discrimination as to race,creed,
color, national origin, sex, age, disability, marital status, sexual
orientation or citizenship status in all employment decisions,
including but not limited to recruitment, hiring, compensation,
training and apprenticeship, promotion, upgrading, demotion,
downgrading, transfer, lay-off and termination, and all other
terms and conditions of employment.” No employment applicant
shall be discriminated against because of the applicant’s union
membership, or lack thereof.
ARTICLE 37
Paid Sick Leave
Employer acknowledges, understands, and will be abiding by
its obligations under NY Labor Law Section 196-b.
Union and Employer, being a part of the construction industry,
expressly waive application of the New York City Paid Safe and
Sick Leave Law, enacted under Title 20 Chapter 8 of the New
York City Administrative Code,and in accordance with New York
City Administrative Code § 20-916 (b).
29
The undersigned Employer has read the Stonesetters and Stone
Tenders Agreement between the Employer and the Bricklayers
and Allied Craftworkers Local Union No. 1, as set forth in the
foregoing pages and agrees to abide and be absolutely bound by
such Agreement and any modification or amendments thereto that
may be executed between the above parties. The undersigned is
affixing his signature in a dual capacity both on behalf of himself
and on behalf of the Employer and represents by his signature his
authority to bind the firm and the principals and members thereof.
| Dated: | , New York, New York July 1,2021 |
| Employer | F£J _N. # |
| Employer Address (street, city, state & zip code) | |
| Print or Type Title | Employer Telephone # |
| Signature | |
| Print or Type Name | Social Security # |
Home Address (street, city, state & zip code)
Home Telephone #
Accepted By:
BRICKLAYERS AND ALLIED CRAFTWORKERS
LOCAL UNION NO. 1, New York, BA.C.I.U., AFL-CIO
(Stonesetters & Stone Tenders)
By:
Jack Argila, President
3