Contractors' Association of Greater New York, Inc.

AGREEMENT

between

INDEPENDENT CONTRACTORS

and

BRICKLAYERS AND ALLIED CRAFTWORKERS

LOCAL UNION NO. 1

STONESETTERS

July 1, 2021 through April 30, 2026

« Ofc*®

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 4

ARTICLE 6: Overtime 5

ARTICLE?: Jurisdiction 5

ARTICLE 8: Employer/Union Member 7

ARTICLE 9: Discharge 7

ARTICLE 10: Job Seeking 8

ARTICLE 11: Arbitration ‘ 8

ARTICLE 12: Removal of Stonesetters for Delinquent 8

Contributions

ARTICLE 13: Tools/Clothing/Shanty 9

ARTICLE 14: Shop Steward 10

ARTICLE 15: Safety 11

ARTICLE 16: Apprenticeship System 12

ARTICLE 17: Foreman 13

ARTICLE 18: Number of Stonesetters 13

ARTICLE 19: 1.U.B.A.C.- CBA & Other CBAs 13

ARTICLE 20: Notice 13

ARTICLE 21: Union Dues Books 14

ARTICLE 22: Non-Union Employers

ARTICLE 23: Severability

ARTICLE 24: Wages & Fringe Benefit Contributions

ARTICLE 25: Trust Funds

ARTICLE 26: Funds Audit

ARTICLE 27: Favorable Terms

ARTICLE 28: Dues Checkoff

ARTICLE 29: Trust Agreements

ARTICLE 30: Non-Stone Setting Employers

ARTICLE 31: Subcontracting & Subletting

ARTICLE 32: Bonding

ARTICLE 33: Project Labor Agreements

ARTICLE 34: BAC Local 1 NY’s Job Targeting Program . ..

ARTICLE 35: Equal Opportunity

ARTICLE 36: Paid Sick Leave

This Collective Bargaining Agreement (“Agreement”), is

made by and between the Independent Contractor signed hereto,

(hereinafter known as the “Employer”) and the Bricklayers and

Allied Craftworkers Local Union No.l, New York, B.A.C.I.U.,

AFL-CIO (“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 Agreements 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

Work Day

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 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.

.14

.15

.20

.21

.23

.24

.25

.26

.27

and may only be utilized between March 15″1 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 (7th) hour of work and shall be paid in accordance with

Article 6.

If Stonesetters cannot go to work due to weather conditions,

they shall be paid show-up time of one (I) 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 (“employee(s)”) employed by the Employer

Party to this Agreement. The term “Stonesetters” shall include,

but not be limited to, all persons employed on work specified in

Article 7 hereof.

(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.

ARTICLE 4

Travel Allowance

On all work within the confines of Greater New York, the

Employer 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 who are required to go

on jobs outside the confines of Greater New York shall receive

the following travel allowances:

Staten Island $7.00 per day

Nassau County $7.00 per day

Suffolk County $10.00 per day

The first nine (9) hours of overtime on Saturdays shall be paid

at time and one-half.

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 this Agreement ,

the full terms and conditions of this Agreement shall apply.

2 3

ARTICLE 5

Payment Procedure

Stonesetters shall be paid every week before quitting time on

Thursday. The amount so paid shall be enclosed in envelopes

with fringe benefit stamps included, one to each Stonesetter, with

the time amount in cash marked thereon and with the proper de¬

ductions made 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 Stonesetter so inconve¬

nienced 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 duration of the project. However, the pay¬

roll week must end between Monday and Thursday each week.

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

in that scenario, the Stonesetters must be paid every week before

quitting time on Wednesday.

If a Stonesetter 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 the payroll period shall

be made at least one (1) hour prior to quitting time. Lay-offs shall

become effective at quitting time 3:30 P.M. or seven (7) hours

after flexible starting time. Stamps for laid-off Stonesetters may

be mailed by Employers to the Union postmarked the next busi¬

ness 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

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 (8th) 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 at time and a half, and thereafter it will be 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, Washington’s Birthday and Good Friday, shall be paid

at the established premium rate for overtime herein. In addition.

Employees shall only be required to work one-half of a full day

on Christmas Eve. Employees shall receive a full day’s wages for

work performed on this Christmas Eve half day.

ARTICLE 7

Jurisdiction

\ qualified Journeyman Stonesetter shall have supervision

over all persons engaged on operations where cut stone or any

substitute is used.The Stonesettershall have sole jurisdiction over

hand derricks used in connection with the setting of stone.

SECTION 1,Stonemasonry shall consist of, but not be 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

4 5

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,

comers and ringstones that are roughly dressed upon the beds,

joints or reveals,and the cutting of a draft upon samefor 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 deviceas it relates to work further described

in this Article.

C. This is to apply to all work in or on 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 in or on buildings, via¬

ducts, 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 represented 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

scaffold, Stonesetters shall retain the right to hang, set, operate,

assemble, move,and otherwise handle all scaffolding required for

the performance of their duty, with the exception of scaffolding

used and erected for multi-trade purpose.

ARTICLE 8

Employer!Union Member

Any Stonesetter who becomes an Employer must take out a

withdrawal card of membership from the Union and his mem¬

bership shall cease, excepting any benefits that have accrued.

ARTICLE 9

Discharge

When Stonesetters are discharged for any cause, they shall

upon request of payment of wages be paid one (1) hour before

quitting time. A violation of this ruling entitles the Stonesetter(s)

to compensation at working rates for the working time that elaps¬

es between the time of discharge and the time of receiving his

money, providing the claimant remains at the job during all of

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 man shall be paid from 8:00

A.M. until the time at which he is told to leave the job, provided

the men remain on the job available for work from 8:00 A.M.

If a Stonesetter 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 Stonesetters of any

weekend overtime by noon Friday.

ARTICLE 10

Job Seeking

Any Stonesetter and Apprentice shall be allowed to go upon any

job when seeking employment within the jurisdiction of Local I.

ARTICLE 11

Arbitration

All 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 render a 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 Stonesetters for Delinquent Contributions

No Stonesetter or Apprentice shall work for any one not com¬

plying with rules and regulations herein agreed to. If a project

is abandoned for any cause, on which wages and various Funds

contributions of any of the Stonesetters are unpaid when due, the

Stonesetters shall reserve the right to refuse to work thereon until

such wages and contributions are paid. After receipt of notice of

delinquency as aforesaid 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 Stonesetters, any Stonesetter

so removed because of nonpayment of said contribution shall be

paid for lost 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 Stoneset¬

ters, any Stonesetter so removed shall be paid for lost time not

to exceed 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

Tools!Clothing!Shanty

Stonesetters 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:

$50.00 for working clothes

$75.00 for a suit of clothes

$80.00 for shoes

$500.00 for tools

Payment toStonesetters for losses of tools and clothing shall be

made by the Employer within fifteen (15) working days of such

8 9

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,

assorted wrenches and sixteen (16) ounce plumb bob.

Under no circumstances 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 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.

performance of his duties as such which shall be performed with

the least inconvenience to his Employer as possible. He is to work

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 are employed.

SECTION 3. If a Shop Steward be discharged for inspecting the

cards of the Stonesetters 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 a Stonesetter, 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.

Stonesetters shall attend OSHA’s ten (10) – hour certification

course conducted by the OSHA Training Institute.

io 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 Union’s Apprenticeship Fund

through the pre-purchase of Stamps as set forth in Article 24

of this Agreement. Apprentices may be used in a setting gang.

Wages of Apprentices shall be the following percentage of the

Journeyman’s rate:

40% 0-800 hours

50% 801-1440 hours

60% 1441-2080 hours

70% 2081-2720 hours

80% 2721-3360 hours

90% 3361-4000 hours

100% 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.

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.

The allocations for new Apprentices to the Vacation Fund and

the Annuity Fund are as follows: Vacation Fund – $3.30 per hour

and Annuity Fund – $3.25 per hour. The allocations above as set

forth shall remain in effect until the new Apprentice reaches the

seventy percent (70%) apprentice rate, at which time the alloca¬

tions to the Vacation Fund and Annuity Fund will be as set forth

in this Agreement.

ARTICLE 17

Foreman

When four (4) or more Stonesetters are on an operation or

employed 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 Stone Setters

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¬

case 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.U.BA.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.

If an Employer having a collective bargaining agreement

directly with the I.U.BA.C. of America does any work in the

territory covered by this Agreement, the Employer must comply

with all the conditions contained in this Agreement.

ARTICLE 20

Notice

All Employers agree to notify the office of B.A.C. Local Union

No. 1, New York, or a Local Union No. 1 Business Agent, prior

to the starting date of any stone setting operation.

12 13

ARTICLE 21

Union Dues Books

On jobs where Stonesetters are required to obtain identification

tags or cards before starting time and are required to return the

same identification tags or cards to the job office at quitting time,

or on jobs where the tool house that provided for their tools and

apparel is at a distance of at least one hundred fifty (150) feet from

the building operation, Stonesetters 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 Stonesetters working above

twelve (12) stories if elevator service is not maintained, with a

reasonable time being allowed to and from work.

All Stonesetters will be trained under OSHA’s Hazard Commu¬

nications Standard and 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 Stonesetters shall produce within forty-eight (48) hours

of the Employer’s request, identification cards certifying to the

completion of said training. Stonesetters shall not be entitled to

receive compensation for attending such training courses.

ARTICLE 22

Non-Union Employers

No Sto’nesetter or Apprentice shall perform work for any

Employer, including subcontractors, not signing an agreement

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

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

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, Inc. (“CSA” or “Stonesetting Con¬

tractors”) 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.

14 15

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.

Journeyman Stonesetter 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 $52.06 PER HOUR*

LOCAL DUES CHECK OFF $3.30 PER HOUR

I.U. DUES CHECK dFF $1.07 PER HOUR

DEFENSE/ORGANIZING FUND $0.17 PER HOUR

RETIREMENT FUND $0.05 PER HOUR

I.U. BAC PAC $0.05 PER HOUR

LOCAL BAC PAC $0.04 PER HOUR

VACATION FUND – $11,80 PER HOUR

(TOTAL TAXABLE) $68.54 PER HOUR

*Tool Allowance (See Below)

(NON-TAXABLE)

INTL. PENSION FUND

IPF (PPA) SPECIAL ASSESSMENT

I.M.I.

INSURANCE & WELFARE

NEW YORK PENSION FUND

ANNUITY FUND

BAC LOCAL 1 STONE LMRC

JATC

STONE APPRENTICESHIP FUND

(TOTAL NON-TAXABLE)

$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

$0.05 PER HOUR

$0 10 PER HOUR

$38.02 PER HOUR

* ($5.00 PER DAY TOOL ALLOWANCE) For Journeymen & Apprentices

16 17

Apprentices who started their apprenticeship on or before July

1, 2002 qualify for 100% contributions when they have obtained

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 $20.91 PER HOUR*

LU. DUES CHECK OFF $0.45 PER HOUR

LOCAL DUES CHECK OFF $0.55 PER HOUR

DEFENSE/ORGAN1ZING FUND $0.06 PER HOUR

VACATION FUND $3.30 PER HOUR

LOCAL BAC PAC $0.03 PER HOUR

RETIREMENT FUND $0.05 PER HOUR

LU. BAC PAC $0jQ3. PER HOUR

(TOTAL TAXABLE) $2538 PER HOUR

*Tool Allowance (See Below)

(NON-TAXABLE)

INTL. PENSION FUND $0.60 PER HOUR

IPF (PPA) SPECIAL ASSESSMENT $0.49 PER HOUR

I.M.I. $0.35 PER HOUR

INSURANCE & WELFARE $10.70 PER HOUR

NEW YORK PENSION FUND $4.75 PER HOUR

ANNUITY FUND $3.25 PER HOUR

STONE APPRENTICESHIP FUND $0.08 PER HOUR

BAC LOCAL 1 LMRC $0.20 PER HOUR

(TOTAL NON-TAXABLE) $20.42 PER HOUR

* ($5.00 PER DAY TOOL ALLOWANCE) For Journeymen & Apprentices

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 (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.

ARTICLE 25

Trust Funds

All of 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.

All 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 (15th) 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 Stonesetter who continues to work for any Employer after

not receiving his weekly pay and/or his fringe benefit stamps, and

does not notify either the Union or Fund Office of such a 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 unscrupulous

Employers and employees from 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 Journeyman

Stonesetters. In such case the Union shall pay the contributions

as would any other Employer to the Funds.

ARTICLE 26

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 by the Employer.

The books and records of the Employer shall be made available at

reasonable times for inspection and audit by, but not limited to, the

accountant, outside independent auditors or other representatives

of the Trustees of any of 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,

evidence of unemployment insurance contributions, payroll

tax deductions, disability insurance premiums, certification of

workers compensation coverage,checks in support of any govern¬

mental 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

remitted to multiemployer fringe benefit funds other than Fringe

Benefit Funds described herein, and any other items concerning

20 21

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 all reasonable attorneys’ fees incurred by the Trustees,

as well as the audit charges and a service charge of ten percent

(10%) 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 contribu¬

tions owed pursuant to this Agreement are paid in full. In the

event that after the Trustees have made a reasonable request, the

Employer fails to produce its books and records necessaty for a

proper audit, the Trustees, in their sole discretion, may determine

the Employer’s hours subject to contributions for the requested

audit period based on the greater of the following methods: 1)

the highest number of Stonesetter hours for any month during the

twelve (12) preceding months audited; or 2) the highest number of

Stonesetter hours for any month during the twel ve ( 12) preceding

months audited; or 3) a number of hours based on a labor factor

analysis derived from contracts and invoices specifying the per¬

formance of bargaining unit work. Nothing herein shall mean that

the Funds relinquish their right to commence legal proceedings

to compel an examination of the Employer’s books and records

for an 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 27

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 1 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 28

Dues Checkoff

The Employer agrees to’ deduct from the wages of each Ston¬

esetter 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 attempt to obtain a written

authorization of dues checkoffs for 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 Stone¬

setter dues checkoffs. Each Employer shall remain responsible for

the remittance of any dues withheld from its Stonesetters in excess

of the Stamp purchase for such purpose. Each Employer shall file

the report form furnished for reporting dues checkoffs. Neither

the Funds nor the Trustees thereof shall have any responsibility

for the collection of dues withheld by Employers hereunder.

The transmittal of dues checkoffs 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 Stonesetter

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¬

bility for the validity and legality of the deductions from the

Stonesetters’ wages made by such Employer and remitted to the

Union pursuant to this Article and that 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 29

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

Labor-Management Cooperation Funds, and any amendments

thereto. The Employer agrees to abide by the decisions of the

Trustees of said respective Funds.

ARTICLE 30

Non-Stonesetting 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 actually notify the

Union within fony-eight (48) hours will result in a penalty of five

hundred dollars (§500.00) per day to be paid to the Union until

actual notice is given. These contractors shall complete and file

with the Union a report indicating the names of the Stonesetters,

their social security numbers, the type of work performed and the

number of hours completed of each type of work performed by

each Stonesetter 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 (15″’) day of.the month for work performed

in the preceding month.

ARTICLE 31

Subcontracting & Subletting

(a) No Employer shall enter into a contract with any other

person, partnership, firm, corporation or joint venture employing

Employees to perform bargaining unit work on the same job-site,

unless such other person, partnership, firm, corporation or joint

venture has signed an agreement with the Union or is a member

of an employer association which has signed an agreement with

the union.

(b) The Employer must not subcontract bargaining unit work

unless the subcontractor receiving the subcontract has an agree¬

ment with the Union. The Employer agrees to notify the Union

when they subcontract any work covered by this Agreement.The

Employer shall provide such notice to the Union within thirty (30)

days of subcontracting that work.

24 25

ARTICLE 32

Bonding

Any Employer that does not maintain a permanent office

within the jurisdiction of this Agreement or that has not pur¬

chased Ten Thousand dollars ($10,000.00) in stamps within the

previous twelve (12) months shall be required to post a Bond in

the amount of Twenty-Five Thousand dollars ($25,000.00) from

an acceptable surety company to guarantee the obligations of the

Employer to the Stonesetter Fringe Benefit Funds as provided in

this Agreement. Any Employer that is owned or affiliated 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

Article 24 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 33

Project Labor Agreements

The Union agrees to the terms of Project Labor Agreements

except for the economic relief contained in such agreements.

ARTICLE 34

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 1 agrees it will apply to all BCTC

PLAs which requirea reduction in the wages and benefits package

or an equivalent work rules concession.

ARTICLE 35

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 36

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).

The undersigned Employer has read the Stonesetters Agree¬

ment between the Employer and the Bricklayers and Allied

Craftworkers Local Union No. 1, as set forth in the foregoing

pages, and agrees to abide by 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 animembers thereof.

Dated:

, New York, New York

July 1,2021

Employer F.EJ.N. #

Employer Address (street, city, state & zip code)

Print or Type Title Employer Telephone #

Signature

Print or Type Name Social Security #

HomeAddress (street, city, state & zip code)

Home Telephone #

Accepted By:

BRICKLAYERS AND ALLIED CRAFTWORKERS

LOCAL UNION NO. 1, New York, B.A.C.I.U., AFL-CIO

(Stonesetters)

By:

Jack Argila, President

NOTES

28 29

NOTES