TRADE AGREEMENT
between
INDEPENDENT EMPLOYER
and
LOCAL NO. 1 NEW YORK
OF THE
INTERNATIONAL UNION OF BRICKLAYERS
AND ALLIED CRAFT WORKERS
Effective on and after
July 1,2021
TO
June 30, 2024
4
TABLE OF CONTENTS
| ARTICLE I RECOGNITION | 1 |
| Section 1. Recognition | 1 |
| Section 2. Work Outside of Area | 1 |
| Section 3. Prohibition on Work for Non-Signatory | 2 |
| ARTICLE II HOURS | 2 |
| Section 1. Regular Hours and Overtime | 2 |
| Section 2. Saturdays, Sundays and Holidays, etc | 3 |
| Section 3. Exceptions | 3 |
| Section 4. Make-Up Time.. | 4 |
| Section 5. Employment By Others | 6 |
| Section 6. Emergencies ARTICLE III WAGES, LOCAL AND INTERNATIONAL |
6 |
| UNION WORKING DUES CHECK-OFF, CONTRIBUTIONS | |
| TO BRICKLAYERS FRINGE BENEFIT FUNDS AND | |
| INDUSTRY FUNDS | 6 |
| Section 1. Wages | 6 |
| Section 2. Overtime | 7 |
| Section 3. Working Dues Check-off | 7 |
| Section 4. Welfare Fund | 8 |
| Section 5. Pension Fund | 9 |
| Section 6. Supplemental Annuity Fund | 10 |
| Section 7. Vacation Fund | 10 |
| Section 8(a). Apprenticeship Funds | 11 |
| Section 8(b). Labor Management Relations Committee | 11 |
| Section 9. Fringe Benefits Administration | 11 |
| Section 10. Delinquency Committee | 17 |
| Section 11. Payment of Wages | 17 |
| ARTICLE IV CONDITIONS OF EMPLOYMENT | 21 |
| Section 1. Job Site Conditions | 21 |
| Section 2. Tools | 23 |
| Section 3. Elevator | 24 |
| Section 4. Identification | 24 |
| Section 5. Rebates Employers | 24 |
Section 6. Laws 25
Section 7. Union Notification, Union Security,
and Referrals 25
ARTICLE V STRIKES AND LOCKOUT 26
ARTICLE VI UNION RELATIONSHIP 26
Section 1. Shop Steward 26
Section 2. Job Site Visits 27
Section 3. Persons in Charge 27
Section 4. Employment 28
Section 5. Schedule 29
Section 6. Preference 29
Section 7. Apprentices 29
Section 8. Labor 30
ARTICLE VII WORK INCLUDED 31
Section 1. Construction 31
Section 2, Cutting 36
Section 3. Panelization 37
Section 4. Contracting 38
ARTICLE VIII MISCELLANEOUS 39
Section 1. Severability 39
Section 2. Six Hour Day 40
Section 3. Coverage of Agreement 40
Section 4. Work Preservation 40
Section 5. Dates 41
Section 6. Retroactivity 42
Section 7. Supercession 42
Section 8. Successors 42
Section 9. No Discrimination 42
ARTICLE IX ARBITRATION 42
ARTICLE X RENEWAL 23
Section 1 43
Section 2 43
ARTICLE XI SIGNATURE 44
This Agreement is entered into by and between the Under¬
signed Employer of Bricklayers (“Employer”) on its own behalf
and Local No. I , New York, International Union of Bricklayers
and Allied Craftworkers, hereinafter “BAC” or “Union”. The
provisions of this Agreement are effective on and after July 1,
2021 and terminate June 30, 2024.
ARTICLE I
RECOGNITION
Section 1. Recognition
A. This Agreement is effective in the region of New York City
and all of Long island in the State of New York. The Union is
hereby recognized as the exclusive collective bargaining agent of
all Bricklayers employed by the Employer parties to this Agree¬
ment. The term “Bricklayer” includes, without limitation, all
persons employed on work specified in Article VII hereof.
B. Inasmuch as (1) the Union has requested recognition as the
majority. Section 9(a) representative of the Bricklayers in the
bargaining unit described herein and (2) has submitted or offered
to show proof of its majority support by those Bricklayers, and
(3) the Building Contractors Association, Inc. (“BCA”) and each
Employer is satisfied that the Union represents a majority of the
bargaining unit Employees and recognizes the Union, pursuant to
Section 9(a) of the National Labor Relations Act, as the exclusive
collective bargaining agent for all Employees within that bargain¬
ing unit, on ail 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 a
National Labor Relations Board (“NLRB”) election requested by
the Employees.The BCA agrees that it will not request an NLRB
election.
Section 2. Work Outside of Area
When the Employer has any work specified in this Agreement
lobe performed outside of the area covered by thisAgreement and
within the area covered by the standard Agreement of another af¬
filiate of the BAC, the Employer agrees to abide by the full terms
1
and conditions of the standard Agreement 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 Agree¬
ment shall be paid at least the established minimum wage scale
specified in this Agreement but in no case less than the established
minimum wage scale of the local Agreement covering the terri¬
tory in which such work is being performed plus all contributions
specified in the jobsite 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 this Agreement, the full terms and conditions of this
Agreement shall apply.
Section 3. Prohibition on Work for Non-Signatory
No Bricklayers shall work for anyone who is not a signatory,
or a member of an Association which is not a signatory, to an
agreement to comply with all rules and regulations and to pay
wages and contributions of this Agreement.
ARTICLE II
HOURS
Section 1. Regular Hours and Overtime
A. Regular hours of labor are from 8:00 a.m. to 4:00 p.m.
exclusive of the noon hour. It is optional for the Employer and
Union to mutually agree to reduce the lunch hour by one half
(1/2) hour in which event, the work day shall end at 3:30 p.m.
An earlier than 8:00 a.m. starting time may be scheduled, upon
mutual consent of the Union and Employer. Once the starting
time for a job has been scheduled, it shall not be changed for the
duration of the job except by mutual consent of the Employer and
the Union. If the scheduled starting is changed by mutual consent,
the scheduled quitting time shall be seven (7) working hours after
the new scheduled starting time. Agreed upon overtime will be
paid for all time worked after the scheduled quitting time, at the
rate of time and one half with respect to wages and at straight time
2
with respect to contributions to Bricklayers Fringe Benefit Funds
(“Overtime Rates”). All hours worked after scheduled quitting
time shall be at Overtime Rates.
B. The Employer has the right to schedule an eighth (8) hour
of work at Overtime Rates without procuring permission of the
Union, provided all employees employed by the Employer work
such eighth (8) hour of work al Overtime Rates and provided
further that reasonable notice is given to such employees.
C. The Employer is allowed to schedule a second shift at a
particular jobsite.The second shift will be manned by a crew that
does not include Bricklayers from the first shift, will be scheduled
for a full seven (7) hours of work and will receive a 15% pay
differential above the regular rate. A second steward will also be
appointed by Local No.l for the second shift.
Section 2. Saturdays, Sundays and Holidays, etc.
There shall be no work on Saturday or Sunday. Also, there
shall be no work on New Year’s Day, President’s Day. Memo¬
rial Day. Independence Day. Labor Day, Thanksgiving Day and
Christmas Day,as these are recognized holidays. If a holiday falls
on a Saturday or a Sunday, it will be celebrated on such day as is
observed by the State of New York.
Section 3. Exceptions
A. Bricklayers may work on days excepted in Section 2 hereof,
or outside regular hours on work that cannot be done during regu¬
lar hours with safety or without serious inconvenience to others.
The Employer and Bricklayers must obtain written permission
from the Local No. I President for each case of this nature. The
Employer shall pay for all such lime worked at Overtime Rates.
Nothing in this Section shall supersede any provision of Section
I hereof or Article III, Section 2 hereof.
B. Where work cannot be performed during the regular work¬
ing day, then the Employer may schedule work to be performed
outside the normal work period and pay the Employees eight
(8) hours at the straight lime rate, including fringe benefits, for
3
seven (7) hours of work subject to the following conditions: this
alternative starting time may be utilized only when there exist
extenuating circumstances beyond the control of the contractor
and upon permission of the President of the Union, which permis¬
sion shall not be unreasonably withheld. Any work in excess of
seven hours shall be paid at the rate of time and one half.
C. If a project is being constructed pursuant to a Project Labor
Agreement providing for an eight (8) hour day. then this Agree¬
ment shall not prohibit the Employer, at its option, from working
either an eight (8) hour day or a seven (7) hour day. provided that
the Employer notifies the Union at the outset of the job which
arrangement it will use and that arrangement shall apply for the
duration of the job.
Section 4. Make-Up Time
A. Where time is lost due to circumstances beyond the control
of the Employer, there shall be an eighth (8) hour of makeup time
during weekdays at straight time rates, but only up to a maximum
of thirty-five (35) hours per week. Any work over thirty-five (35)
hours shall be paid at the Overtime Rate.
B. The Employer shall be entitled to Saturday make-up day
throughout the year. Hours lost during the work week, Monday
through Friday, shall be aggregated and the number of hours, up
to a maximum of thirty-five (35) hours per week, may be worked
on Saturday at straight time rates.The Employees shall be entitled
to a full day’s work on Saturday, and hours above the thirty-five
(35) hours for that week shall be at the Overtime Rate.
C.To avail itself of make up time and/or the Saturday makeup
day, the Employer must provide the Union President or, in his
absence, the Union Secretary-Treasurer, with advance notice of
its intent to have Employees work the make-up time and/or the
Saturday make-up day, and the Union President or SecretaryTreasurer, as the case may be, must approve the request.
D. If the Employer’s collective bargaining agreement with
the labor organization representing the Employees tending and
otherwise supporting the Bricklayers (“the support personnel”)
4
does not permit the support personnel to work a Saturday make-up
day at straight time rates, then the Union will supply Employees
to perform all tasks and functions which the support personnel
normally perform. Such Employees supplied by the Union shall
receive a pay and fringe benefits package at the rate then being
received by support personnel represented by the Union.
If Bricklayers are working on a job that is predominately
Pointer, Cleaner Caulker (PCC) work, then they shall work an
eight (8) hour day. without overtime pay.
E. No Employee shall be required to work on Saturday, or
the eighth (8) hour during weekdays, and no Employee shall be
subject to discipline, retaliation of any kind or penalty for failure
to do so. Employees regularly on the particular job shall have
first preference for Saturday make-up day,and then the Employer
shall be entitled to hire other Employees to perform the work.
F. Where the Employee misses a day of work because of his
own individual absence and not because of circumstances beyond
the Employer’s control,he shall receive pay at the rate of time and
one half if he works that Saturday. If work is being performed at
the Overtime Rate on a Saturday, the Employer cannot deprive
such Employee of that opportunity because he has missed one or
more days during the work week.
G. The number of Employees working on a Saturday make-up
day shall not exceed the number scheduled to work on the week¬
day or weekdays on which time is lost because of circumstances
beyond the Employer’s control.
H. If on a given weekday, a portion of the crew assigned to
work that day does perform work and another portion of the crew
is unable to work due to circumstances beyond the Employer’s
control, only the number of employees who arc unable to work
that day are subject to the make-up day. If the Employer hires
more than that number for Saturday work, then all Employees
working that Saturday shall be paid at the rate of time and one
half (‘/!).
5
Section 5. Employment by Others
No Employer shall knowingly permit any Bricklayer to work
for any time, which, when added to the time spent at work for
another Employer, or otherwise, exceeds the maximum permitted
herein, nor shall any Bricklayers so work.
Section 6. Emergencies
The provisions as to hours are not effective in cases involv¬
ing danger to life or property provided Article III, Section 2 is
complied with.
ARTICLE III
WAGES, LOCAL AND INTERNATIONAL UNION
WORKING DUES CHECK-OFFS, CONTRIBUTIONS TO
BRICKLAYERS FRINGE BENEFIT FUNDS
AND INDUSTRY FUNDS
Section 1. Wages
A. Effective July 1, 2021, the wage package (including
fringe benefit contributions) shall be increased by $2.80 per
hour to $9454 per hour, the new wage rate being $64.19 per
hour (which includes dues and PAC check-offs and Employee
Vacation Fund contributions in a total amount of $10.54).
Wages and contributions to the Bricklayers Fringe Benefit
Funds and Industry Funds shall be further increased during
the term of this Agreement as follows:
| Effective Date 7/1/22 7/1/23 |
Amount of increase per hour 2% ($1.89) 25% ($2.41) |
The Union shall be entitled, in its sole and absolute discretion,
to allocate and reallocate the foregoing increases, or any portion
thereof,to wages or to any of the Bricklayers Fringe Benefit Funds
or Industry Funds.
B. If during the term of this Agreement, wage controls are en¬
acted in any form and any portion of wages are deferred, deleted
or cut back, the parties shall reallocate the money into Bricklayers
Fringe Benefit Funds to the extent permissible under law.
6
C. Whenever an hourly rate that is in excess of the wage rate
provided for in Paragraph (A) of this Section is paid on any job
to any Bricklayer, other than the Foreman or Assistant Foreman
(Deputies) who work with the tools, the highest hourly rate of
wages paid to any Bricklayer who works with the tools on such
job shall be the rate of wages for all Bricklayers on such job
working with the tools, from the date such excess rate was paid
to any such Bricklayer to the date of the completion of such job.
Section 2. Overtime
All overtime including Saturdays shall be at time and one half
( 1/2) wages,except any work performed on Sundays and Holidays,
as specified in Article II, Section 2 hereof, shall be at double
wages. Overtime means any time spent working outside regular
hours or any work performed on the days excepted in Article
II, Section 2 hereof. However, except as provided in Article II,
Section 4, when an individual Bricklayer works over seven (7)
hours in any twenty-four (24) hour period, the time after seven
(7) hours shall be considered overtime and shall be paid at time
and one half (‘/2) wages as provided in Article II,Section 1 hereof.
Employers and Bricklayers must obtain written permission from
the President of Local 1 for each case of this nature except as
provided in Article II, Section 1 (b).
Section 3. Working Dues Check-off
A. Effective July 1,2021,each Employer agrees to deduct from
the wages of all Bricklayers a working dues check-off allocated
as follows: (1) an amount equal to one and two tenths (1.2%)
percentof the gross wage package for the Local, (2) an amount
equal to one (1.0%) percent of the gross wage package for the
International, (3) $.17 for the Defense Fund, and (4) $.08 per
hour for the BAC PACs, or such other amounts as the Union
shall specify from time to time. Such working dues check-offs
must be added to the hourly wages for taxation and then deducted
from the net wages (after taxes) of all Bricklayers who authorize
such deductions in writing, and shall be paid over to the Union
not later than one (1) week after said deduction, together with
7
the contributions to Bricklayers Fringe Benefit Funds. It is un¬
derstood that the total package includes hourly wages, working
dues check-off, and contributions to Bricklayers Fringe Benefit
Funds and Industry Funds.
B. Effective July 1, 2021, the Employer shall deduct from
wages International Union working dues check-offs of one per¬
cent (1%) of the wage package (including fringes) for each hour
of employment, or such amount as the International Union shall
specify from time to time, from the wages of each Bricklayer who
has signed an assignment conforming to federal law authorizing
the deduction of such International Union working dues checkoffs
and shall transmit to the International Union the sums which the
International Union has specified.
C. It is mutually agreed that the Bricklayer assignments autho¬
rizing the deduction of working dues check-off shall be in blanket
form filed with the Union. The Union agrees to indemnify and
hold harmless the Employer from any and all claims and/or ac¬
tions arising out of such deductions providing that the working
dues check-offs have been paid over to the Union.
Section 4. Welfare Fund
A.All Employers shall pay weekly the following contributions
per hour for each hour of employment of Bricklayers within
the territory of this Agreement for the pay period immediately
preceding into the Bricklayers Insurance and Welfare Fund to be
administered and expended by the Trustees pursuant to the provi¬
sions of the Agreement and the Declaration of Trust as amended
for the purposes of providing welfare benefits for eligible Brick¬
layers and eligible dependents as the Trustees may determine in
their sole discretion.
July 1, 2021 $10.70 per hour
B. Elected full time officers of the Union shall be considered
participants in the Welfare Funds and shall be eligible for all
benefits provided contributions are paid on their behalf as with
any other Employer.
8
C.All other full time employees of the Union and all employees
of the Bricklayers Fringe Benefit Funds may be participants in
the Welfare Fund on the same conditions as other Bricklayers
provided contributions are paid on their behalf as with any other
Employer.
D. Each Employer shall provide disability insurance coverage
for all Bricklayers employed by Employer to conform with the
requirements of the New York State Disability Insurance Law.
Section 5. Pension Fund
A. All Employers shall pay weekly the following contributions
per hour for each hour of employment of Bricklayers within
the territory of the Agreement for the pay period immediately
preceding into the Bricklayers Pension Fund. Such payments
shall be made to the Trustees designated under the provisions of
the Agreement and Declaration of Trust as amended creating the
Pension Fund for the purpose of providing pension benefits for
eligible Bricklayers.
| July 1, 2021 July 1, 2021 |
$7.65 per hour- journeymen $4.20 per hour – apprentices |
B. Effective July 1,2011.all Employers shall pay the following
per hour, including for Apprentices and Improvers, to the Trowel
Trades International Pension Fund (‘‘IPF’):
(1) A contribution to the IPF in the amount of $1.50 for each
hour, or portion thereof, for which a covered employee receives
pay.
(2) In addition, effective July 1, 2021.a contribution to the
IPF, in accordance with the Pension Protection Act (“PPA”)
mandated Funding Improvement Plan (“FIP”) adopted by
the IPF Board of Trustees in November 2010, in the amount
of $120 for each hour or portion thereof for which a covered
Employee receives pay, which shall be used solely to increase
the IPF’s funding in accordance with the mandates of the
PPA.
9
C. Required government approvals, if any, shall be obtained
concerning deductibility as a business expense for tax purposes
of all contributions to the Pension Fund made by Employers.
Section 6. Supplemental Annuity Fund
A. All Employers shall pay weekly the following contributions
per hour for each hour of employment of Bricklayers within the
territory of this Agreement for the pay period immediately pre¬
ceding into the Bricklayers Supplemental Annuity Fund. Such
payments shall be made to the Trustees designated under the
provisionsof the Agreement and Declaration of Trust asamended
creating the Supplemental Annuity Fund for the purpose of pro¬
viding supplemental annuity benefits for eligible Bricklayers.
July 1, 2021 $850 per hour
B. Employer contributions for Apprentices and Improvers shall
be as follows for each hour of employment payable weekly for
the pay period immediately preceding:
July 1, 2021 $3.10 per hour
C. Elected full time officers and employees of the Union may
participate in the Supplemental Annuity Fund provided the Union
pays contributions to the fund on their behalf.
D. Required government approvals, if any, shall be obtained
concerning deductibility as a businessexpense for tax purposes of
all contributions made by Employers to the Supplemental Annuity
Fund.
Section 7. Vacation Fund
Effective July 1, 2021. each Employer shall deduct from the
wages of all Bricklayers contributions to the Vacation Fund in the
increased amount of $6.25 per hour and shall pay that amount
weekly to the Trustees designated under the provisions of the
Agreement and Declaration of Trust creating the Vacation Fund
for the purpose of providing vacation benefits for eligible Brick¬
layers. Such vacation contributions must be added to the hourly
wages for taxation and then deducted from the net wages (after
taxes). The benefit provided through the Vacation Fund provides
10
comparable benefits to those required by NY Labor Law Section
196-b. An additional $0.50 shall be added to the 2021 and 2022
wage and benefit package increases and will be allocated to the
Vacation Fund so that the Vacation Fund contributions will be as
follows:
| Effective Date July 1,2021 July 1,2022 |
Amount of Increase $6.25 $6.75 |
Union and Employer, being a part of the construction industry,
mutually consent to waive application of the New York City Paid
Safe and Sick Leave Law, enacted under Title 20 Chapter 8 of
the New York City Administrative Code, and in accordance with
New York City Administrative Code § 20-916.
Section 8(a). Apprenticeship Funds
All Employers of Bricklayers shall during the term of the
Agreement pay weekly, effective July 1, 2021, ten cents ($.10)
per hour to the JointApprenticeship and Training Fund,and ninety
cents ($.90) per hour to the International Masonry Institute.
Section 8(b). Labor Management Relations Committee
Effective July 1, 2021, twenty cents ($.20) per hour to be
paid to the jointly administered New York City and Long Island
Labor-Management Committee under § 302(c)(9) of the Labor
Management Relations Act.
Section 9. Fringe Benefits Administration
A. Employer Bound By Agreements And Declaration of Trusts
–The Employer hereby agrees to be bound by and to the above
stated Agreements and Declarations of Trusts, as amended from
time to time, and the Funds Delinquency Procedure, as amended
from time to time, as though he had actually signed the individual
documents and further agrees to be bound by all actions taken
by the Trustees of the Funds pursuant to said Agreements and
Declarations of Trusts.
B. Joint Administration of Funds – All Fringe Benefit Trust
Funds (Pension, Welfare,Supplemental Annuity, Vacation and In-
11
dustry Funds) shall be jointly administered by Trustees designated
under the provisions of the existing Agreements and Declarations
of Trust, as amended, Each Trust Fund shall bear its own cost of
administration.
All amendments necessary to effectuate the foregoing shall be
made in the trust documents.
C. Bricklayers Fringe Benefit Funds Audits, and Liquidated
Damages– Payments by the Employer to Bricklayers Insurance
and Welfare, Pension, Supplemental Annuity Funds, Vacation
Fund.Trowel Trades International Pension Fund. New York City
and Long Island Bricklayers Joint Apprenticeship and Training
Fund, Bricklayers IML and the Labor Management Relations
Committee (hereinafter Bricklayers Fringe Benefit Funds) shall
be accompanied by Employer Remittance Reports furnished by
Bricklayers Fringe Benefit Funds, containing such data as the
Trustees may from time to time determine in their discretion to
be necessary.The furnishing of timely Remittance Reports to the
Funds shall be an independent obligation of the Employer whether
or not timely payment accompanies them.The books and records
of the Employer shall be made available at all reasonable times
for inspection and audit by, but not limited to, the accountant,out¬
side independent auditors or other representatives of the Trustees
of any of the Bricklayers Fringe Benefit Funds. The Employer
shall be required to disclose upon such audits all payrolls and
payroll ledgers including office payrolls, yard payrolls, certified
payrolls required by city or state law. 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-4 and WRS-30), annual federal and state
tax returns,cash disbursements, journals, purchase journals. New
York State Employment records, insurance company reports.
Employer Remittance Reports, payroll and supporting checks,
ledgers, vouchers, 1099 forms, evidence of unemployment
insurance, contributions, payroll tax deductions, disability insur¬
ance premiums, certification of workers compensation coverage,
checks in support of any governmental filings or tax payments.
12
Remittance Reports and checks in support thereof, documents
showing the job location at which each Employee was employed,
and any other documentation, concerning payment of fringe ben¬
efit contributions– for hours worked by Bricklayers remitted to
multi-employer fringe benefit funds other than Bricklayers Fringe
Benefit Funds described herein, and any other items concerning
payrolls.
All documents produced and all information obtained in the
conduct of the audits of the books and records of Employers shall
be deemed to have limited confidential status insofar as the results
of the audits of the books and records of Employers may only
be utilized by the Trustees consistent with their fiduciary duties
and responsibilities to effectively and efficiently facilitate the
collection of contributions to Bricklayers Fringe Benefit Funds,
including inter alia, the prosecution of lawsuits for audits and for
the collection of delinquencies in contributions to Bricklayers
Fringe Benefit Funds.
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 a designated representative of the Trust¬
ees 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 for a proper audit, the
Trustees, in their sole discretion, may determine that the number
of monthly hours subject to contributions for the Employer for
each month of the requested audit period are equal to the highest
number of Bricklayer hours for any month during the twelve (12)
preceding months audited, or during the last twelve (12) 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 de¬
termination the Trustees shall mail a final seven (7) day written
notice to the Employer advising him that such determination shall
be made if the Employer does not schedule a prompt audit. Noth¬
ing herein shall mean that the Bricklayers Fringe Benefit Funds
13
relinquish their right to commence legal proceedings to compel
an examination of the Employer’s books and records for audit.
When auditors are sent to audit the books and records of the
Employer pursuant to an appointment agreed to in writing and
auditor cannot start at the appointed time and date and must return
because of the fault of the Employer or when complete payroll
records required herein are not furnished due to the fault of the
Employer, then the Employer shall pay the bona fide charges
imposed by the auditor.
Itshall be a violation of thisAgreement for any Employer to fail
to furnish proper payroll records when requested for the purpose
of completing an audit. The Union shall have the right to remove
all its members from the offending Employer provided that three
(3) days’ notice of the intention to remove Bricklayers from the
job is given to the Employer by the Union by certified mail. If
such members are removed pursuant to this provision, they shall
receive two (2) days’ pay from the Employer. In the event an
Employer does not permit and/or provide an audit of its books
and records by this Agreement, the Employer, shall be liable for
liquidated damages as provided by this Agreement and all other
relief permitted by law.
In the event the Employer does not make timely payment of
contributions to Bricklayers Fringe Benefit Funds required herein,
it is agreed that the Employer shall be liable for interest at the
per annum rate of ten (10%) percent of the amount owing, which
includes monies owed under Section 3 and Section 8. When an
audit of the Employer’s books and records determines that unpaid
contributions in excess of $1,000 are owed, ten (10%) percent
interest, five (5%) percent liquidated damages, and a fee (to be
determined by the Trustees) covering the cost of the audit shall
be immediately assessed. In the event that the balance due on
the audit is not paid within seven (7) days of receipt of the audit,
the Employer agrees to pay as liquidated damages ten (10%)
percent of the amount owing plus accrued interest. If. thereafter,
in the sole discretion of the Trustees, the Employer’s account is
14
referred to legal counsel for collection, the Employer agrees to
pay liquidated damages of fifteen (15%) percent of the amount
owing plus accrued interest. If litigation is instituted by service
of summons and complaint or participation in any insolvency
proceeding of the Employer is required, the Employer agrees to
pay liquidated damages of twenty (20%) percent of the amount
owing plus accrued interest. The Employer acknowledges and
understands that the above liquidated damages are cumulative and
are required to protect the fiscal integrity of Bricklayers Fringe
Benefit Funds. Where collection of payment is made pursuant to
a judgment against the Employer, the Employer recognizes the
Trustees’ right to receive liquidated damages, interest, costs and
attorneys’ fees provided for pursuant to the civil enforcement
provisions of the Employee Retirement Income Security Act
(“ERISA”), as amended.
In the event the Employer does not make timely payment of
contributions to Bricklayers Fringe Benefit Funds required herein
or fails to post the required surety bond, the Union shall have the
right to remove all its members from the job, provided that three
(3) days written notice of the intent to remove Bricklayers from
the job is given to the Employer by the Union by certified mail.
Where payment is made or an audit is conducted pursuant to
a judgment or court order, the Employer recognizes the right of
the Trustees of Bricklayers Fringe Benefit Funds to have the court
enter an order permanently enjoining the Employer and its agents,
representatives, directors, officers, stockholders, successors and
assigns,for the remaining term of thisAgreement from failing, re¬
fusing or neglecting to submit the required Employer Remittance
Reports and/or to pay the required contributions to Bricklayers
Fringe Benefit Funds, and requiring the Employer to cooperate
in an audit in accordance with the provision of this Agreement.
The Employer represents and warrants that it will not raise any
defense, counterclaim or offset to the Trustees’ application for
this order.
An employer may elect to pay over to the Trustees benefit
fund contributions and Local 1 dues deductions on a monthly
15
rather than weekly basis as set forth above in Sections 3,
4, 5, 6, and 7. However, in order to do so, such Employer
must – on a weekly basis – segregate and hold these benefit
fund contributions and dues deductions in a separate escrow
account established for that purpose, provide written proof
to the Funds of the existence of such escrow accounts, and
thereafter pay over said contributions and dues deductions
by the 28’h day of the month following the month for which
such contributions and deductions were due.
In the event that the Union misuses any of the books or records
procured from an Employer pursuant to this paragraph (C) or in
the event that the Union utilizes any of these provisions for the
sole purpose of abusing or harassing an Employer, the Arbitra¬
tor shall have the right to penalize the Union by imposing a tine
against it in an amount to be determined by the Arbitrator.
D.The Union shall have the right at any time during the term
of this Agreement and upon reasonable notice to the Employer
to institute a “receipt” system for the payment of fringe benefit
contributions.
E. Bonding of Contributors to Bricklayers Fringe Benefit Funds
-No Bricklayers may work on any job unless the Employershall
have furnished the Trustees of the various Bricklayers Fringe
Benefit Funds with a minimum surety bond guaranteeing payment
of all contributions provided for in Article III of this Agreement.
The minimum amount for a surety bond shall be equal to one
sixth (1/6) of the total contributions due from the Employer for
the most recent calendar year or fifty thousand ($50,000) dollars,
whichever is greater. The Trustees of the Bricklayers Fringe
Benefit Funds shall have the right to require any Employer or
individual liable for fringe benefit contributions to increase the
amount of the surety bond and/or provide cash and/or collateral
alternatives whenever they deem it necessary for the protection
of Bricklayers Fringe Benefit Funds. Each joint venturer shall
furnish a new surety bond covering each joint venturer and the
joint venture; or shall furnish a rider from each of their respective
16
insurance carriers, confirming that their respective surety bonds
protect Bricklayers Fringe Benefit Funds during the period of the
Joint venture.
Employers who have posted the requisite surety bond shall
be permitted to make contributions to make contributions to the
Bricklayers Fringe Benefit Funds monthly rather than weekly on
or before the twentieth (20lh) of the month following. If an Em¬
ployer becomes delinquent because of a failure to pay contribu¬
tions by the twentieth (20th) day of the month following the month
for which such contributions are due, such Employer will again
be required to make payments on a weekly basis thereafter until
relieved of such obligation by the Union and the Delinquency
Committee.
Section 10. Delinquency Committee
The parties to this Agreement recognize the vital need to col¬
lect all Employer contributions payable to the Bricklayers Fringe
Benefit Funds and have therefore included in this Agreement
the Delinquency Committee (“Committee”) which has been
established by the Trustees of the Bricklayers Fringe Benefit
Funds. The parties agree that the Committee is fully authorized
to both establish and modify all rules, regulations and procedures
required for the collection of contributions.The Committee isalso
authorized to enforce collections of delinquent accounts through
legal process. All parties to this Agreement shall be obligated to
cooperate fully with the Delinquency Committee for the purpose
stated above.
Section 11. Payment of Wages
A. Employers shall make payment of all wages due in law¬
ful currency. Payments shall be made in sealed envelopes and
plainly marked showing Employer’s name and address, printed
or stamped. Bricklayer’s name, hours worked, amount earned
and deductions required by law. The Employers or their repre¬
sentatives shall not be permitted to give any advance in wages to
Bricklayers, nor shall be permitted to lend money to Bricklayers.
17
B. Wages shall be due and payable during working hours on
Friday for work done up to quitting lime of the preceding Tues¬
day. Should Friday be a bank holiday, wages shall be due and be
payable during hours on Thursday for work done up to quitting
time of the preceding Monday. On jobs where the stagger system
is used the Employer shall give due notice to those Bricklayers
affected as to the time the paymaster will be at the job. If for any
reason Bricklayers are not working on payday, the Employer shall
make every reasonable effort to pay these Bricklayers before
twelve (12) o’clock noon. If the Employer finds that to pay off
jobs on Friday is an undue hardship, upon request he shall be
permitted to pay specified jobs on Thursday. The day designated
as the first pay day in such instance shall be the prescribed pay
day until the completion of the job.
C. Notwithstanding anything herein contained Employers
shall have the right to make weekly payment of wages by check,
provided:
1 . all legal requirements are complied with;
2. written notice by registered mail shall be given to the union
of an election to pay by check;
3. payment shall be made by check bonded to guarantee against
forgery:
4. checks shall be delivered to Bricklayers at least one day
preceding a banking day; and
5. in the event a wage check is not honored by the bank on
which drawn for any reason whatsoever, then the Bricklayer
affected thereby shall receive an extra two days’ pay for
waiting time and such nonpayment shall be justification
for withdrawal of Bricklayers and shall be an exception to
the provisions of the Agreement prohibiting the withdrawal
of Bricklayers.
D. Where Bricklayers are not on the job, for any reason for
which the Employer is not responsible, when the paymaster is
paying off the Bricklayers, they may be sent to the main office
for their pay, but without allowance for the time spent in going
18
to and from the office. Where the Bricklayers are not on the job
because of any reason for which the Employer is responsible, they
shall be allowed one (1) hour with pay in going to the office for
their pay. Where Bricklayers are not paid on the specified pay
day during working hours, they shall be paid straight time for all
waiting time at the rate of seven (7) hours per day not to exceed
fourteen (14) hours.
E. When Bricklayers are to be discharged, they must be noti¬
fied during working hours, at least one half (1/2) hour prior to
discharge and must be paid on the job immediately upon dis¬
charge either in cash or by check. A violation of this rule entitles
a Bricklayer to compensation at the rate of wages per hour set
forth in Section 1.A of this Article for the working time that
elapses between the time of discharge and the time of receiving
his money, provided the Bricklayer remains on the job or at the
office during all working hours until he is paid. It is understood,
however, that no waiting time claim in excess of fourteen (14)
hours will be considered, nor shall a Bricklayer remain on the job
for a longer lime. Bricklayers must be given termination notice of
the State of New York Department of Labor, Division Placement
and Unemployment Insurance when discharged,or an equivalent
notice acceptable to that division. If this notice cannot be given to
the Bricklayer on the job at the time of discharge, the Employer
may mail the notice the following business day to the Bricklayer
and this shall be deemed substantial compliance.
Failure to furnish or mail such notice as herein provided shall
entitle a Bricklayer to two (2) hours pay deemed to reimburse the
Bricklayer as the agreed measure of loss.
F. All Bricklayers discharged between the hours of eight a.m.
and twelve noon (8:00 a.m. & 12 p.m.).shall be paid until twelve
(12) noon on the date of discharge. All Bricklayers discharged
between the hours of I p.m. and 4 p.m. shall be paid until 4 p.m.
unless the lunch hour has been reduced to one half (Vi) hour in
accordance with Article II. Section I, in which event Bricklayers
discharged between 12:30 p.m. and 3:30 p.m. shall be paid until
3:30 p.m. Upon discharge or layoff, the Bricklayer shall receive
19
thirty (30) paid minutes within which he may collect his tools,
clothes, and other personal effects at the shanty. This does not
apply to men not on the job al starting time. Whenever there is a
rehiring following a layoff, Bricklayers who were employed at the
time of the layoff, including Bricklayers who were absent from
work on account of sickness, shall be entitled to preference in the
rehiring, provided they arc at the job available for employment at
the time of rehiring. Advance notification of such rehiring must
be given to the Union.
G. When a Bricklayer who is working on the job reports for
work at 8:00 a.m. or such other time as instructed and is not per¬
mitted to start work at such time for any reason, except causes
beyond control of the Employer including but not limited to
temperature or weather conditions, he shall be paid lime for the
entire forenoon provided he remains on the job and accepts such
working lime as is offered him that day. However, the Bricklayer
shall not be required to remain on thejob more than four (4) hours
without working and such timeshall not be paid toany Bricklayer
instructed not to report for work. In order to minimize loss of
time due to inclement weather the Employer agrees to provide
reasonable protection against inclement weather provided it is
practicable to furnish such protection. In the event of inclement
weather, there shall be,as far as practicable, rotation of Bricklay¬
ers for available work.
H. Should work be stopped for any cause beyond the control
of either party to this Agreement, no claim for lapsed time shall
be made for the time of the unavoidable cessation of work. If
the Bricklayers demand their wages for the working time due,
these wages shall be paid within three (3) banking hours after
the demand is made upon the Employer.
I. If a building is abandoned for any cause or if the mason
contractor is defaulted, dismissed,or changed, and wages or con¬
tributions to Bricklayers Fringe Benefit Funds on such building
arc unpaid. Bricklayers may refuse to work thereon until these
wages or contributions to Bricklayers Fringe Benefit Funds are
paid.
20
J. All Employees, at the termination of their employment,
shall receive from the Employer the New York Slate Record of
Employment Form 1-A within twenty-four (24) hours of their
dismissal. If the Employer fails to provide such form within that
period, then he must pay the Employee at the contract wage rate
for all hours after such twenty-four (24) hours until the form is
issued, up to a maximum of two days’ pay.
ARTICLE IV
CONDITIONS OF EMPLOYMENT
Section 1. Job Site Conditions
A. Bricklayers who are knocked off by the Employer for
the purpose of loading scaffolds must be paid for all such time
lost. This shall not apply to sections of a floor which are not in
readiness due to other trades. On steel skeleton structures outside
scaffolds must be used throughout all outside walls, and on all
exterior steel beams, covered with brickwork.
On all operations when a wall or partition reaches the height
of five (5) feel to the nearest course, a scaffold must be erected
for continuance of the wall or partition.The height of the scaffold
shall be the height of a standard five (5) foot horse or jack without
blocking. This does not apply where otherwise indicated. On all
work where block units six (6) inches and over in thickness are
used, Bricklayers shall work in pairs to set the top course before
scaffolding is required.
Scaffolds shall be provided on the outside and on the inside of
all exterior brick masonry walls, except in the following cases.
1. Where the thickness of the wall consists of a single masonry
unit.
2. In the construction of parapet walls on skeleton construction
where hanging platform type scaffolds have been used, and
where an outside scaffold would encroach upon or overhang
adjoining property.
B. Where ladders are used, there shall be at least two (2) prop¬
erly built and secured ladders on each floor. They shall extend
21
at least two (2) feet above the floor on which they land and the
openings through which they pass shall not be less than two (2)
feet by two (2) feet.
C. The line must not be raised more than one (I) course at a
time, and no Bricklayer shall spread mortar, before the line has
been called for, raised and tightened; however, a twig brick can
be raised one course before raising the line. It is agreed that the
weights refer to the list of weights of manufactureis. A line must
be used on all masonry units in walls over (4) feel in length, and
shall not be raised until every man working along the line has
run out. The Foreman or Assistant Foreman (Deputies) shall not
put up the line except if he is working on the wall and then only
when he is carrying the lead. The Employer shall not be permit¬
ted at any time to request that the line be raised. On all buildings
where block units are used two (2) Bricklayers working as a team
shall be used placing blocks weighting forty (40) pounds or over
or with a unit size of twelve (12) inches or over irrespective of
weight. It is agreed that the weight of block units mentioned
herein is subject to arbitration as requested by the Union.
D. Mortar tubs on outside scaffolds shall be raised approxi¬
mately eighteen (18) inches. Masonry materials to be used on
the construction of a wall shall not be stacked higher than ap¬
proximately four (4) feet above the working platform.
E. Bricklayers shall have a morning coffee break. If work
begins after 8:00 a.m.. Bricklayers shall also be entitled to an
afternoon coffee break.An Employer may require the Employees’
coffee break to be taken at the job station.
F. Bricklayers shall not use a cell phone, either to make or
receive calls, while working, except that the Shop Steward may
use a cell phone to call the Union on matters within the scope of
his Shop Steward duties.Cell phones may be used by Bricklayers
during the lunch period and on coffee breaks.
G.The Union and the Employers agree that the Labor- Manage¬
ment Relations Committee shall meet to study safety measures to
22
ensure the safety and protection of Bricklayers while employed
at their trade.
H. Local 1 will not contest jobsite prohibitions against smoking
imposed by owners,developers,general contractors,construction
managers or by governmental agencies.
I. Local 1 will not contest jobsite rules regarding alcohol and
drug use that are imposed by owners,developers.general contrac¬
tors, construction managers or by governmental agencies.
Section 2. Tools
Each Bricklayer shall provide himself with a kit of tools con¬
sisting of a trowel, concave, joiner, brick hammer, hand hammer,
level, plumb rule, bob line and chisel, for which a suitable tool
house five (5) square feet minimum per man in size properly
heated shall be provided for the exclusive use of the Bricklay¬
ers. When the foregoing provisions are made, an Employer of
Bricklayers is only responsible for the loss of clothing and tools
due to the forcible entry or burning of the tool house and such
liability shall be limited to a sum not to exceed $150.00 for a
coat, $80.00 for shoes, $200.00 for a suit of clothes, $200.00 for
tools and $100.00 for working clothes, including work shoes. If
requested to the Employer, proof of loss shall be submitted to the
Joint Arbitration Board which shall make adjustments. Lines on
all walls must be supplied by the Employer.
Recognizing the fact that both parties are interested in safety,
uniformity and public image of the unionized bricklaying industry
and the need to identify the union project, the parties agree that
the Employer shall provide safety helmets appropriately marked
and identified.
Local I will encourage its members to wear and maintain all
safety equipment issued to them by the Employers. Members may
be required to turn in and request the immediate replacement of
damaged or ineffective safety equipment previously issued to
them. When permitted by law, individual Bricklayers who have
engaged in a pattern of losing or misplacing safety equipment
may be held responsible for lost or misplaced items.
23
Section 3. Elevator
Bricklayers shall be at their assigned stations ready to work
at starting times. On building heights up to maximum walking
height provided by law or code standard (presently 100 feet of
building height), the contractor shall provide and locate one (1)
or more shanty, tool shed or a gang box, and the Bricklayers shall
be required to be at such shanty, tool shed or gang box closest
to work operations ready to work at starting times, and shall be
allowed five (5) minutes at the regular quitting times.
On building heights up to the maximum wing height (now 100
feet),irrespective of the previous sentence, the Bricklayers shall in
any event be required to be on the floor of work operations ready
to work at starting times, and shall be allowed five (5) minutes at
the regular quitting times.
On high rise structures, however, when the work reaches the
maximum walking height as provided in the building code of the
City of New York,an elevator shall be provided one half (‘/2) hour
before starting time and after quitting time, and the Employer shall
provide and locate a shanty, tool shed or gang box on the floor or
adjacent floor and the Bricklayers shall be required to be at the
shanty closest to the work operations ready to work at starting
times and shall be allowed five (5) minutes at the regular quitting
times.The contractor and the Union will need to approach particu¬
lar job configurations with regard to practicality and efficiency.
Section 4. Identification
Bricklayers on the job shall wear in plain sight, numbered
badges (not to exceed one and one half ( 1 16) inches in diameter)
when requested to do so by the Employer, such badges shall be
furnished without charge by the Employer.
Section 5. Rebates Employers
Employers, Bricklayers or the agents of either shall not accept
or give, directly or indirectly any rebate of wages, or give or ac¬
cept gratuities.
Section 6. Laws
No provisions of this Agreement shall supersede any Munici¬
pal, State or Federal law which imposes more stringent require¬
ments as to wages, hours of work, or as to safety or general
working conditions than are imposed by this Agreement. Upon
demand by the Union the Employer shall furnish evidence that he
is complying with the laws on worker’s compensation and other
required federal and state insurance, etc.
Section 7. Union Notification, Union Security, and Referrals
1. Union Notification – Each Employer shall be required to
advise the Union two (2) days in advance of the commence¬
ment of any job. If the Employer fails to give such two (2)
days’ notice, then he shall pay $250.00 liquidated damage
for each such day.
2. Union Security– Membership in the Union shall be required
as a condition of continued employment of all Bricklayers
covered by this Agreement on the eighth (8th) day following
the beginning of such employment, or the effective date of
this Agreement, whichever is later.
3. Referral
A. The parties agree that an equal ratio shall be maintained
(50/50) between the number of Bricklayers referred by the Union
and the number employed directly by the Employer. The parties
further agree jointly to comply with the government requirements
with regard to employment and hiring practices apart from the
50/50 ratio.
B. The Employer retains the right to reject for cause any
Bricklayers referred by the Union. In the event of such rejection,
the Employer shall immediately notify the Union which shall
refer another Bricklayer to the Employer. This practice shall be
repeated until the Employer retains a Bricklayer for employment.
C. Nothing contained herein shall be deemed to deprive the
Employer of the right to discharge any Bricklayer not required.
24 25
ARTICLE V
STRIKES AND LOCKOUT
Except as herein otherwise provided for, the Union shall not
order a strike against the Employer nor shall any number of
Union Bricklayers leave the work of the Employer nor shall the
Employer lock out any Bricklayers working under the jurisdiction
of the Union, party to this Agreement.
Where any workers engaged on a construction job, including
men who load materials in building supply yards within the region
defined in Article 1 , and who unload at the point of construction,
are not members of, or represented by, unions affiliated with the
Building and Construction Trades Department of the AFL-CIO,
the Union shall be entitled to withdraw Bricklayers from the job
without resorting to arbitration, and further, on condition that the
Union withdraw Bricklayers from all jobs where the same condi¬
tion exists.
When the Union, upon investigation, becomes convinced
that the Bricklayers on any job are being paid less than the rate
of wages prescribed in this Agreement, it shall, provided that
twenty-four (24) hours’ written notice is given to the Employer,
be entitled to withdraw the Bricklayers from such job without
first submitting the complaint to arbitration. The written notice
shall give a definite and specific statement of the complaint on
which the proposed action of the Union is based. Thereafter the
Joint Arbitration Board shall consider the complaint as provided
for in Article IX of this Agreement.The parties to this Agreement
agree that no damages of any kind or nature shall be awarded or
allowed against the Union or any officer or member thereof by
reason of the withdrawal of men from a job on which a complaint
has been filed as aforesaid.
ARTICLE VI
UNION RELATIONSHIP
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
26
employed shall be referred by the Union and designated as Shop
Steward; however, the Foreman,for just cause, reserves the right
under this Agreement as to the continued employment of the
Shop Steward upon written notice to the President of the Union
specifying the cause for such action.
B. The ShopSteward shall determine all Bricklayerson the job
are employed in accordance with this Agreement. He shall see
that the classification of trade as defined herein is observed and
that all terms of this Agreement are complied with. He shall retain
possession of the key to the tool house and see that it is open in
ample time at starting times, and 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
theleast inconveniencetohis Employer as possible.He is towork
as a Bricklayer and not use his position as Shop Steward as an
excuse to avoid performance of his duties as a Bricklayer. He
shall be one (1) of the last two (2) Bricklayers on the operation
including the Foreman.
Section 2. Job Site Visits
Union representatives shall not be interfered with when visiting
any operation where Bricklayers are employed.
Section 3. Persons in Charge
Bricklayers seeking employment on any Job of more than six
(6) stories shall apply at a suitably located and safe place on the
operation designated by the Employer, which place shall be suffi¬
ciently large to accommodate such number of Bricklayers as may
reasonably be expected to apply, but there shall be no limitation as
to hours in the day when such applications may be made. Where
there are seven (7) Bricklayers employed on the job, one (1) of
the seven (7) shall be a Foreman who shall no longer use the tools
of the trade. All Foremen shall receive a weekly salary and shall
be paid not less than $35.00 per day above the prescribed rate of
this Agreement. All Assistant Foremen (Deputies) shall receive
a weekly salary and shall be paid not less than $20.00 per day
above the prescribed rate of this Agreement.
27
The Employer shall pay on behalf of all Foreman and Assistant
Foreman (Deputies) the regular rate of contributions on a thirtyfive (35) hour weekly basis to Bricklayers Fringe Benefit Funds
and Industry Funds, regardless of holidays as provided in Article
II, Section 2.
One Assistant Foreman (Deputy) shall be allowed where
there are less than ten (10) men, but a second Assistant Foreman
(Deputy) shall not be allowed until the number of Bricklayers
shall reach forty (40) and the third where there are sixty (60)
Bricklayers employed, the only exception is to be where a job
has more than one unit working at the same time, or where work
is being done on different floors. If charges are brought against a
Foreman, his Employer shall be notified at once in writing as to
the nature of the charges. If the charges are sustained at his trial,
the penalty imposed shall not be enforced for two (2) weeks, and
the Employer shall have the right to have this matter discussed
by the Joint Arbitration Board after the Union has rendered its
decision. It is understood that such decision of the Union is not
subject to arbitration hereunder.
Subject to the terms of this Agreement, nothing shall interfere
with or abridge the right of the Employer to lay off or discharge
any Bricklayer.The laying off of a Bricklayer is not unusual and
shall not be considered an unfair practice.
Section 4. Employment
A. It is hereby agreed that all Bricklayers shall be employed
in accordance with this Agreement. If the Shop Steward be dis¬
charged for calling the attention of the Foreman to any violation
of this Agreement, he shall be at once reinstated until the matter
is brought before the Joint Arbitration Board and settled. All
complaints arising between the parties involving the discharge
of a Shop Steward shall be submitted to the Joint Arbitration
Board for adjustment. It is agreed that pending the adjustment of
the complaint, except where immediate reinstatement is required
under this Section, the Union shall appoint an alternate Shop
Steward and the job shall operate in status quo.
28
B. If a Bricklayer is referred: (1) to ajob requiring work on a
scaffold and he has not had scaffold safety training,or (2) to ajob
on which the work he will be performing requires a certificate that
he lacks, mandated by a government agency, then the Employer
may reject him on that account and will incur no liability fordoing
so.
Section 5. Schedule
The installation of fireproofing must be in progress before
any bricklaying is begun on the topmost story of any building in
course of construction.
Section 6. Preference
The Bricklayers employed upon the construction of the exterior
walls shall be given preference on interior work.
Section 7. Apprentices
A.There shall be a Joint Apprenticeship and Training Commit¬
tee consisting of an equal number of Employer and Union Committcepersons. The Employers shall appoint two (2) Employer
Committeepersons. The Building Contractors Association, Inc.,
shall appoint one (1) Employer Committeeperson. The Union
shall appoint three (3) Union Committcepersons. The Employer
Committeepersons and the Union Committeepersons shall be the
same individuals designated as Trustees of the Joint Apprentice¬
ship and Training Fund.
B.All parties agree that all apprentices in the Bricklayers trade
shall be indentured to the Joint Apprenticeship and Training Com¬
mittee.
C. In accordance with the Bureau of Apprentice Training of
the State of New York, each Employer shall employ a ratio of
one (1) apprentice to four (4) journeymen bricklayers on the job,
when indentured apprentices are available and assigned to the
Employer by the Joint Apprenticeship and Training Committee
or authorized representative.
29
D. Improvers-The wage rate for Improvers will Ire determined
jointly by the Union and the Employer at the time and job location
that the Improver’s status is first established.
E.Apprentice -The number of apprentices to be trained during
the remainder of this Agreement will be determined by the Joint
Apprenticeship and Training Committee.
Add a ratio for the first apprentice employed of one (1) ap¬
prentice to four (4) journeymen and further that any apprentices
employed shall not be included in the count of Bricklayers used
(in Article VI, Section 3) with regard to the Foreman’s use of the
tools of the trade.
Should there be more apprentices than the remaining ratio of
one ( I) to four (4) journeymen can employ, then the parties shall
meet to consider lowering the ratio in order to provide for more
employment of apprentices.
Further, the Union shall institute an additional means of com¬
munication and job placement of apprentices, such as a telegram
system through the Union’s office subject to the approval of the
Joint Apprenticeship and Training committee.
Wage Rates of Apprentices under this Agreement shall be
modified as follows:
1-650 hours of work – 40% of journeymen’s rate.
651-1300 hours of work – 50% of the journeymen’s rate.
1301-1950 hours of work – 60% of the journeymen’s rate.
1951-2600 hours of work – 70% of the journeymen’s rate.
2601-3250 hours of work – 80% of the journeymen’s rate.
3251-4000 hours of work -90% of the journeymen’s rate
When masonry work is in progress, the apprentice shall be
employed on such masonry work tmd shall be given a sufficient
amount of actual craft work to perform as to enable the apprentice
to acquire the skills of the craft.
Section 8. Labor
No labor shall be allowed upon any wall or pier to temper or
30
spread mortar which shall be delivered in bulk. Said mortar must
be spread with a trowel by the Bricklayers.
ARTICLE VII
WORK INCLUDED
Section 1. Construction
A. The Employer shall include in its work for a building,
alteration or other form of construction all mason materials and
Bricklayers’ work including:
Brickwork – this shall include, but not be limited to, brick
work with bricks made of clay, cement, slag, cinders, lime (and
any combination thereof) and bricks made of glass.
Architectural terra-cotta (setting and cutting)
Rain screen terra cotta.
Faience.
Paving of floors (unit paving interior and exterior).
Installation of concrete block.
Installation of sills and coping on masonry walls.
Installation of rebar and angle irons
Brickwork on damp-proofing system.
All fireproofing with terra-cotta and brick floor arches.
Precast concrete units for floor arches,slabs, partitions,furring,
roof block.
Gypsum block, cinder blocks and lead units.
Caulking of window frames.
Precast or prefabricated masonry panels or components.
Erection and installation of precast or prefabricated masonry
panels or components.
The “Threadline System.”
The “Monowall System.”
The “Bloc Bond System.”
31
All reinforcement built into or attached to reinforced masonry
walls and anchors,such as seismic clips and anchors, and regard¬
less of the method used, including screwing, bolting, welding,
shooting, gluing, and drilling.
Masonry siding (nail-on brick panels). Styrofoam insulation
when applied to masonry.
B. Plastering and cement finishing when performed in the ter¬
ritory of mixed Bricklayer Local Unions such as Local 1 shall be
under the jurisdiction of the Bricklayers Unions.
C. The building of sewers, telegraph or telephone conduits
made of clay products shall be done by Bricklayers.
D. Where cork blocks, one and one-half (116) inches or over in
the thickness, used for partitions,furring or vertical fining are set
in mortar or other plastic materials, or when used for floor slabs,
one and one-half (1 M) inches and over in thickness, laid in sand
or cement, or other plastic material, the work of installing said
cork blocks shall be done by Bricklayers.
E. The washing down and pointing of all Bricklayers’ work
shall be done by Bricklayers on old and new buildings and regard¬
less of the number of times required.
F. Where mortar is used to set. point or grout, units of light
weight mineral building material (such as Zeprex) the work of
installing said units shall be done by the Bricklayers.
G. All new block known as gravity wall or interlocking block
laid with or without mortar or grout shall be the exclusive work
of Bricklayers.
H. The erection, construction and installation of precast ma
sonry panels or components or prefabricated masonry panels or
components shall be the work of the Bricklayer.
I. Bricklayers work shall include, but not be limited to the fit¬
ting, bedding, pointing; caulking,grouting, installation of gaskets,
plumbing, aligning, leveling and anchoring including bolting or
welding necessary to install the precast or prefabricated masonry
panels or components.
J. Brick masonry shall also consist of, but not be limited to,
the following work procedures and installation of the following
materials:
1. The laying of brick made from any material in, under or
upon any structure or form of work where bricks are used,
whether in the ground, or over its surface, or beneath water,
in commercial and residential buildings, rolling mills, iron
works, blast or smelter furnaces, lime for brick kilns, in
mines or fortifications, and in ail underground work,such as
sewers, telegraph, electric and telephone conduits, including
the installation of substitutes for brick such as all carbon
materials, Karbate Impervite or mixtures, all acid resistant
materials, all terra-cotta and porcelain materials.
2. All cutting of joints, pointing, cleaning and cutting of brick
or block walls, fire proofing (regardless of the method or
materials used), block arching, terra-cotta cutting and setting,
the laying and cutting of all tile plaster, mineral, wool, cork
blocks and glass masonry, or any substitute for the above
materials, the laying of all pipe sewers of water mains and
the filling of all joints on the same when such sewers or
conduits are of any vitreous material, burnt clay or cement,
or any substance material used for the above purpose, the
cutting, rubbing and grinding of all kinds of brick and the
setting of all cut stone trimmings on brick buildings, and the
preparation and erection of plastic, castables or any refrac¬
tory materials.
3. Cleaning, grouting, pointing, and other work including the
caulking of windows, necessary to achieve and complete the
work under the foregoing categories and all waterproofing
and black mastic waterproofing, silicone and/or substitutes
sandwiched between masonry units in the interiorof the wall.
4. All terra-cotta called unit tile regardless of method of instal¬
lation (including rain screen terra-cotta), all quarry tile,split
brick or quarry tile or similar material.The bedding.joinling,
and pointing of the above materials shall be the work of the
craft installing same.
32 33
5. All burnt clay, extruded cellular products regardless of trade
name or method of installation when used as a veneer on
structures, all clay products known as terra-cotta tile, unit
tile, ceramic veneer and machine-made terra-cotta and like
materials, regardless of the method of installation, including
rain screen terra-cotta. Brick paving comes under Bricklay¬
ers’ trade classification.
K.The Bricklayer shall perform the complete installation and
related finish work of all Autoclaved Aerated Concrete Masonry
Units (AACMU).These operations include, but are not limited to:
the cutting, fitting and the applications of mortar and/or cementi¬
tious materials used for the setting and bonding purposes as well
as the actual laying of the AACMU block units into position.The
routing, drilling, cutting and patching for all mechanical piping
and openings. The preparation, assembly, selecting or staging
of AACMU Panels, hooking on, drilling, cutting, installation of
support angles or strut supports, fitting, bedding, setting,leveling,
plumbing, aligning, fastening, anchoring (whether by bolt, clip,
pin or weld), insulation, caulking, grouting, patching, cleaning,
waterproofing and installation of all AACMU units. This also
includes all work operations related to the installation and applica¬
tions of all coating, covering and veneer systems (both exterior
and interior) on allAACMU units.These work operations include,
but are not limited to: preparation of walls, and the applications
of any and all finish coating materials by any method (i.e. trowel
on, machine,spray on, etc.) or any other device deemed necessary
to produce the desired finish surface.
L. The complete installation, within the cavity wall or applied
to masonry or other elements within the exterior wall or any other
surface, or air barrier systems, combined air barrier systems and
vapor barriersystems, multi-component air barrier systems,vapor
transfusable air barrier systems and other engineered air barrier
systems designed to conserve energy consumption and provide
moisture protection on buildings and structures shall be the work
of the members of the IU BAC. The materials and methods shall
include but shall not be limited to the following:
34
Sheet rubberized asphalt membranes (peel and stick), fluid
applied materials (spray, brush, roller or trowel-applied), sprayapplied polyurethane foam, smooth surface roofing membranes,
modified bituminous self-adhering membranes, modified bitu¬
minous torch grade applied membranes, urethane foam, trowelapplied rubber-based adhesives, spray-applied rubber-based
adhesive, plastic compounds, non-soldered sheet metal ,foil-faced
urethane insulation, all sealants and taping of joints in the back-up
system.
All membrane flashing, including but not limited to, through
wall flashing with any fabricated metal.
M. This Agreement covers all work assignments of the follow¬
ing work:
1. Rubble work, rough cellar masonry, dry masonry walls and
slopes.
2. Broken range and random and coursed ashlar.
3. Setting all rubble, broken ashlar and cut stone and precast
slabs, and artificial stone work.
4. Setting and cutting bluestone flagging and slate flagging, or
any other type of flagging called by any other trade name.
5. Setting of cement blocks below grade and cesspools.
6. Building of all jetties, break waters, rip-rap.
7. All flagstone of interior of buildings.
8. All membrane flashing on spandrils.
9. Graffiti proofing and waterproofing sealants and coatings on
all work.
N. Bricklayer work shall include such other work as the Inter¬
national Union may from time to time determine.
O. Bricklayers shall also continue to do all the work which they
have performed in the past.
35
Section 2. Cutting
A. The cutting of all Bricklayers’ work shall be done by Brick¬
layers. Where a wetsaw is used for cutting, the Employer shall
provide a pair of goggles, rubber gloves, an apron and rubber
boots. No drycutting of masonry products shall be performed on
scaffolds, where Bricklayers are working, except in the circum
stances set forth in this Section 2, subparagraphs B through F.
B. Where pneumatic guns or, other mechanical devices are
used, the Bricklayers shall cut all beam holes, chases, toothing,
and all openings in walls of any thickness in Bricklayers’ work.
Where mechanical devices are used for cutting out of Bricklayers’
work, the cutting of brick or terra-cotta, the Bricklayers employed
thereon must be selected from those already employed on the
operation.
C. If any bricks have to be cut on the building, this cutting
shall be done by Bricklayers regardless of the means, apparatus,
equipment or tools used.
D. Where cutting machines are used to cut terra-cotta or brick
tile, the Employer shall furnish an industry standard regulation
respiratory mask to cover the mouth and nose and also furnish to
the Bricklayer that is working on the machine a pair of goggles.
All portable cutting machines which are used by Bricklayers to
cut terra-cotta brick or brick tiles arc to be furnished with some
mechanical device to draw the dust away from the Bricklayers at
the machine. Bricklayers operating cutting machines where time
would be needed for the purpose of cleaning up shall be allowed
a reasonable time for the purpose of washing up.The last sentence
is to take care of those Bricklayers employed on extraordinarily
dirty work (not covered under cutting machines) so that they may
take care of personal cleanliness.
E. If the jambs of an opening have to be rebuilt, the cutting out
of the toothing for bonding the new work to the old work shall
be done by Bricklayers.
F. The Employer may sublet the caulking of windows and
paving of floors (unit paving, interior and exterior) as mentioned
36
in Section 1 hereof when the subcontractor is a party to an
Agreement with the Bricklayers’ Union and on condition that the
caulking is sublet before the exterior walls are completed.
Section 3. Panelization
A. This Agreement covers all work assignments in the preas¬
sembly and complete installation of all exterior, and interior arti¬
ficial and natural masonry products and associated items of any
size or dimension whether set individually or in pre-assembled
panels which may have metal or concrete backing, whether set
with cement mortar, high strength adhesives or secured by bolt¬
ing or welding to plates set in all types of concrete are attacheri
to steel frame structures whether set by hand or with any type of
mechanical systems.
B. Pre-assembly work assignments shall include, but not be
limited to. the preparations of steel frames or precast concrete
back up panels, the drilling of holes, cutting, fitting and fastening
of artificial and natural product units to steel frames or back up
precast by bolts,clip anchors, pins, including any welding as well
as the complete application or installation of insulating, caulking
and/or waterproofing materials. Employee wage and contribution
rates and conditions of employment for preassembly work shall
be negotiated separately between the Union and the Employer.
C. Installation work assignments shall include, but not be lim¬
ited to, unloading,selecting or shaking out of artificial and natural
masonry products for erection, hooking on,signaling, laying out.
cutting, fitting, bedding, landing, setting, leveling, plumbing,
aligning, anchoring, installation of any steel clips, relief or sup¬
port angles as well as the installation of metal grid or strut stone
supports (including bolting and/or welding), grouting, patching,
cleaning, and installation of gaskets or packing and caulking.
D. On Panelization work, eight (8) hours’ work per day shall
constitute a day’s work; Forty (40) hours of work per week
Monday through Friday inclusive,shall constitute a week’s work.
Normal starting time shall be 8:00 a.m. Normal quitting time
shall be 4:30 p.m. with a thirty (30) minutes unpaid lunch break
37
occurring in the middle of the shift. Normal starting and quitting
time may be changed by mutual consent of the Employer and the
Union.Shift work may be scheduled if required. When more than
one shift is required, Employees working the shift shall receive
nine (9) hours of pay for eight (8) hours of work.
Section 4. Contracting
A. The Employer shall not directly or indirectly let solely the
labor services required for any contract of such member. No Em¬
ployer shall sublet or accept a contract or subcontract for masonry
work solely unless such contract or subcontract embraces all
interior and exterior masonry work for the building or other form
of construction involved (except the building of isolated stacks,
boiler work. Guastavino arches, or precast units for floor arches
including the furnishing of all materials incidental thereto). It is
recognized, however, that this type of work is Bricklayers’ work.
B. The Employer accepting such contract or subcontract
solely for mason work must perform all such work with his own
Bricklayers and such contract or subcontract shall not be sublet.
However, an Employer having a general contract may sublet the
masonry work to a contractor who is signatory to an Agreement
with the Union and has posted the bond required under Section 9
E of Article ill of this Agreement.The Employer shall provide five
days written notice of the subletting of masonry on any project to
the Union before any Bricklayers are employed on such project.
Such notice shall give the location of the project, name and ad¬
dress of the owner, contractor and subcontractor.
C. Any Employer signatory to this Agreement subletting work
described in Article VII of thisAgreement hereby guarantees con¬
tributions owed by such subcontractor to the Bricklayers Fringe
Benefit Funds as required by this Agreement for work performed
by the subcontractor under its contract with the Employer. In the
event the subcontractor fails to make the required contributions
to the Bricklayers Fringe Benefit Funds, the Employer agrees to
pay the contributions upon demand by the Bricklayers Fringe
38
Benefit Funds, together with the liquidated damages, interest,
costs and fees for which its subcontractor may be liable under
this Agreement.
D. 1. The Employer must not subcontract bargaining unit work
unless the subcontractor receiving the subcontract has an
agreement with the Union.
2. The Employer shall furnish to the Bricklayers Fringe
Benefit Funds a copy of any document received from
the subcontractor to the effect that the subcontractor has
paid fringe benefit contributions to the Funds.
3. The Employer shall contact Bricklayer Fringe Benefit
Funds to ascertain whether thesubcontractor has made all
required contributions to the Funds before the Employer
makes final payment to the subcontractor.
4. The Employer shall promptly notify the Bricklayers
Fringe Benefit Funds of any bond furnished by the
subcontractor or the Employer that may be a source of
payment of any delinquency.
ARTICLE VIII
MISCELLANEOUS
Section 1. 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
clauses of this Agreement is.or are, void or illegal, such decision
shall not invalidate the other portions of this Agreement, but such
clause or clauses shall be stricken out and the remaining portions
of this Agreement shall be considered binding between the parties
hereto.
Any provisions of this Agreement hereinabove mentioned
which provide for security or employment in a manner and to an
extent prohibited by any law or the determination of any Gov¬
ernmental Board or Agency, shall be and hereby is of no force
or effect during the term of any such prohibition. It is agreed
that there shall be no discrimination against any Bricklayer or
prospective Bricklayer in violation of law. It is understood and
39
agreed, however, that if any of the provisions of this Agreement
which are hereby declared to be of no force or effect, 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 this Agreement shall immediately become
and remain effective during the remainder of the term of this
Agreement. The Union reserves the right to renegotiate any of
the provisions of this Agreement which may become of no force
or effect.
Section 2. Six Hour Day
In the event of substantial unemployment among Bricklayers,
the parties agree to discuss the six (6) hour day.
Section 3. Coverage of Agreement
If an Employer covered by this Agreement or any such owner
or principal forms or acquires by purchase, merger or otherwise
an interest, whether by ownership,stock, equitable or managerial,
in another company performing bargaining unit work within this
jurisdiction, this Agreement shall cover such other operation and
such other bargaining unit Bricklayers shall be considered an
accretion to the bargaining unit.
Section 4. Work Preservation
A. In order to protect and preserve, for the employees covered
by this Agreement,all work heretofore performed by them, and in
order to prevent any device or subterfuge to avoid the protection
and preservation of such work, it is hereby agreed as follows:
If and when the Employer shall perform any work of the type
covered by this Agreement at the site of a construction project,
under its own name or other business entity, including a joint
venture, wherein the Employer (including its officers, directors,
owners, partners or stockholders) exercises either directly or in¬
directly (such as through family members) any significant degree
of ownership, management or control, the terms and conditions
of this Agreement shall be applicable to all such work.
B. All charges of violations of paragraph (A) of the Section 4
shall be considered as a dispute under the Agreement and shall
be processed in accordance with the procedures for the handling
of grievances and the final binding resolution of disputes, as
provided in the Agreement. As a remedy for violations of this
Section 4, the Arbitrator (or arbitration body) provided for in the
Agreement is empowered, at the request of the Union, to require
an Employer to:
1. Pay to affected Employees covered by the Agreement,
including registered applicants for employment, the equiva¬
lent of wages lost by such Employees as a result of the
violations; and
2. Pay into the affected joint trust funds established under
the Agreement any delinquent contributions to such funds
which have resulted from the violations, including such
interest as may be prescribed by theTrustees or by law. Pro¬
visions for this remedy herein does not make such remedy
the exclusive remedy available to the Union for violation
of this section; nor does it make the same or other remedies
unavailable to the Union for violations of other provisions
of the Agreement.
C. If,as a result of violations of this Section, it is necessary for
the Union and/orTrustees of the joint mist funds to institute court
action to enforce an award rendered in accordance with paragraph
(B) above, or to defend an action which seeks to vacate such
award, the Employer shall pay any accountants and attorney’s
fees incurred by the Union and/or the fund trustees, plus costs
of the litigation, which have resulted from the bringing of such
court action.
Section 5. Dates
The Agreement is effective for the period commencing July 1,
2021 and shall terminate June 30, 2024.
40
Section 6. Retroactivity
It is mutually agreed that the obligation to pay wages and make
contributions to Bricklayers Fringe Benefit Funds and Industry
Funds and adhere to conditions provided for herein have contin¬
ued since July 1, 2021.
Section 7.Supercession
In the event the Employer has signed or become party to an¬
other collective bargaining agreement covering the same work
in the same geographic area, this Agreement shall supersede the
other one.
Section 8. Successors
The Agreement shall be binding upon and shall insure to the
benefit of each party hereto, its successors and assigns, and any
successor thereto resulting from a merger, consolidation of other
organization or restructuring.
Section 9. No Discrimination
No employee or applicant for employment shall be discrimi¬
nated against as to race, creed, color, national origin, religion, sex,
age, disability, marital status, veteran 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,layoff and termination,and all other terms and conditions
of employment.
ARTICLE IX
ARBITRATION
In the event of any dispute with reference to the interpretation,
application or breach of any of the terms contained in this Agree¬
ment, the matter will be taken up initially by a Joint Arbitration
Board, which shall consist of representatives of the Union and
the Employer. If the parties are unable to achieve a mutually sat¬
isfactory resolution within seven (7) business days thereafter, the
matter shall be submitted in writing for determination by Ira Cure,
Esq. for final and binding arbitration. Mr. Cure, however, will not
42
determine cases involving a collection of delinquent contributions
to the Bricklayers Fringe Benefit Funds. The Arbitrator shall be
prohibited from changing any of the terms and conditions of this
Agreement during its term.
ARTICLE X
RENEWAL
Section 1.
The Agreement shall be deemed to be, and shall be automati¬
cally extended and renewed from year to year by and between
the parties hereto for further one (1) year terms upon all of the
above terms, conditions and covenants, unless cither party gives
written notice to the other not less than sixty (60) calendar days
and not more than ninety (90) days prior to the then expiration
date of the Agreement of its desire to amend , change or terminate
the Agreement on its expiration date. In the event such notice is
given, the parties shall begin the negotiations within forty-five
(45) calendar days. If negotiations are not completed prior to the
expiration date, the Agreement shall terminate unless extended
by mutual agreement of the parties.
Section 2.
All notices, demands and other communications which are
required to be or may be given under this Agreement shall be in
writing and shall be deemed to have been duly given when deliv¬
ered in person or three (3) days after dispatch by certified mail,
postage paid, return receipt requested, to the party to whom the
same is so given or made, if to the Union, addressed to Bricklay¬
ers and Allied Craftworkers Local 1,4 Court Square, Long Island
City, New York 1 1 101; and if to the Employer, addressed to the
Employer at the corporate address set forth in the Agreement, or
at such other address as any party may specify by notice to all
other parties, given as aforesaid.
43
ARTICLE XI
SIGNATURE
The individual signing on behalf of the Employer hereby affixes
his signature in a dual capacity both on behalf of himself and on
behalf of the Employer,and represents by his signature his author¬
ity to bind himself, the Employer or Finn and the principals and
members thereof. The person signing on behalf of die Employer
alsoagrees to be personally bound by and toassumeall obligations
of the Employer provided for in die Agreement.
Employer
Signature Date
Name (Print)
Tide(Print)
Corporate Address
Telephone
Federal I.D.#
Individual Address
Telephone
S.S.
Bricklayers and Allied Craftworkers
Local No. 1, New York
| By: Jack Argila, President By: Anthony LaCava Jr., Secretary-Treasurer |
Date |
| Date |
44