L 138 CBA 6.1.2023 thru 5.31.2028

INTERNATIONAL UNION OF OPERATING ENGINEERS
NASSAU AND SUFFOLK COUNTIES
NEW YORK
137 GAZZA BOULEVARD • FARMINGDALE, NEW YORK
TELEPHONE: (631) 694-2480
FAX: (631) 753-6760
AGREEMENT
COVERING WAGES
AND WORKING CONDITIONS
EFFECTIVE DATE: JUNE 1, 2023 THRU MAY 31, 2028
LOCAL UNION 138, 138A, 138B AND 138C
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TABLE OF CONTENTS
Page No.
ARTICLE I PURPOSES AND PRINCIPLES …………………………………………………………….. 1
ARTICLE II JURISDICTION……………………………………………………………………………………. 1
ARTICLE III GENERAL PROVISIONS……………………………………………………………………… 2
ARTICLE IV UNION SECURITY………………………………………………………………………………. 6
ARTICLE V SAFETY AND HEALTH ………………………………………………………………………. 7
ARTICLE VI DISPATCHING PROCEDURE………………………………………………………………. 7
ARTICLE VII ANTI-DISCRIMINATION AND ANTI-HARRASSMENT ………………………. 8
ARTICLE VIII BENEFIT CONTRIBUTIONS AND ENFORCEMENT OF AGREEMENT .. 8
ARTICLE IX DUES CHECK-OFF ……………………………………………………………………………. 13
ARTICLE X HOLD HARMLESS CLAUSE ……………………………………………………………… 14
ARTICLE XI MARKET RECOVERY PROGRAM…………………………………………………….. 15
ARTICLE XII TERMINATION OF AGREEMENT …………………………………………………….. 15
ARTICLE XIII GRIEVANCE PROCEDURE ……………………………………………………………….. 16
ARTICLE XIV SAVINGS CLAUSE ……………………………………………………………………………. 16
ARTICLE XV SHOP STEWARDS …………………………………………………………………………….. 17
ARTICLE XVI APPRENTICE TRAINING ………………………………………………………………….. 18
ARTICLE XVII INDUSTRY-SPECIFIC PROVISIONS………………………………………………….. 18
SUBDIVISION A ENGINEERING CONSTRUCTION DIVISION
(HEAVY AND HIGHWAY) ………………………………………………………… 18
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SUBDIVISION B SHOPMEN…………………………………………………………………………………. 25
SUBDIVISION C BUILDING CONSTRUCTION DIVISION ……………………………………. 27
SUBDIVISION D PLANT WORK AGREEMENT ……………………………………………………. 37
ARTICLE XVIII SUBCONTRACTORS…………………………………………………………………………. 38
SCHEDULE A
HEAVY HIGHWAY CONSTRUCTION, PLANT AND SHOP RATES ………………………… 44
BUILDING CONSTRUCTION RATES ……………………………………………………………………… 45
SCHEDULE B
DISPATCHING PROCEDURE………………………………………………………………………………….. 54
SCHEDULE C
ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY……………………………… 62
SCHEDULE D
MARKET RECOVERY PROGRAM GUIDELINES ……………………………………………………. 67
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THIS AGREEMENT, made this 1st day of June, 2023, between
_________________________ having principal offices at _______________________
(hereinafter designated as “Contractor” or “Association” on behalf of its member Contractors who
provide designations to the Association, as applicable, and/or “Employer”); and the
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 138, 138A 138B and
138C, affiliated with the AFL-CIO, Washington, D.C. (hereinafter designated as the “Union”,
and/or “Local 138”).
ARTICLE I: PURPOSES AND PRINCIPLES
THIS AGREEMENT is entered into to prevent strikes and lockouts, to facilitate peaceful
adjustment of grievances and disputes between Employer and members of the bargaining unit (each
an “Employee” or “Employees”), to prevent waste, unnecessary and avoidable delays resulting in
additional cost and expense to the Employer, loss of wages to the Employee, to enable the Employer
to secure at all times sufficient forces of skilled workers, to provide as far as possible for the
continuous employment of labor, to provide that employment hereunder shall be in accordance with
conditions and at wages herein agreed upon, and by reason of this Agreement and the purpose and
intent thereof, to bring about stable conditions in the industry, keep costs of work in the industry as
low as possible consistent with fair wages and proper working conditions, as provided hereunder,
and further to establish and set up the necessary procedure for amicable adjustment of all disputes
or questions that may arise between the parties hereto, so that the foregoing purposes may be
brought about and accomplished.
ARTICLE II: JURISDICTION
The Employer recognizes and acknowledges that Local 138 is the sole and exclusive
representative of all employees performing Engineering Construction Work, Building Work, Shop
Work, and Plant Work in the classifications of work covered by this Agreement and all other work
considered as Operating Engineers work for the purpose of collective bargaining as provided by the
National Labor Relations Act.
It is recognized that the skills of all employees covered by this Agreement, include, but are
not limited to, the operating engineer, maintenance engineer, junior engineer, oiler, fireman,
apprentice engineer, shop mechanic and standby shop mechanic, mechanic and mechanic helper,
pipeline welders and pipeline welder helpers, and wellpoint operators. All power drive machines,
regardless of power and regardless of the sources of power, shall be operated by an operating
engineer or junior engineer.
This Agreement covers all work to be done by the Employer in Nassau and Suffolk counties,
New York.
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ARTICLE III: GENERAL PROVISIONS
This AGREEMENT covers ENGINEERING CONSTRUCTION WORK, BUILDING
WORK, SHOP, and PLANT WORK as defined in this Agreement, including but not limited to, the
performance of all operation, maintenance, staffing, and repair of all operating engineer equipment
identified in this Agreement and annexed Schedules or Addenda. The provisions of this Article
shall apply to all work covered by this Agreement. The section headings in this Agreement are
intended for convenience and reference only and are not intended to define, limit, or describe the
scope or intent of any provisions of this Agreement.
A. Production. There shall be no limitations as to the amount of work an Employee
shall perform during their working day; it being understood that an Employee shall perform a fair
and honest day’s work for a fair day’s pay.
B. Site Access. Authorized representatives of the Union shall have access to the
Employer’s premises for the purpose of adjusting disputes, investigating working conditions and
safety disputes, interviewing Employers, and Employees, and ascertaining that the Agreement is
being adhered to, provided that there is no interruption of an Employer’s working schedule (except
as otherwise provided herein).
C. Work Assignment. When an Employee believes that a work assignment is contrary
to the terms of this Agreement, they may immediately request the Union’s lead engineer, who with
the supervisor, or other Company representatives, shall attempt to resolve the matter in question,
before the assignment continues.
D. Recognition of Jurisdiction. The Employer agrees to respect the jurisdictional rules
of the Union and shall not direct or require their employees or persons, other than the Employees
in the bargaining units herein involved, to perform work which is recognized as the work of the
employees in said units.
E. Employers. (1) The Employer shall be defined to include any Employer having
common ownership, control of labor relations, etc. with the Employer. Upon request by the Union,
the Employer shall provide information regarding the terms of any contract for using any outside
equipment and leasing. Such arrangements shall not be used to deprive employees covered by this
Agreement of employment or as a subterfuge to avoid the provisions of this Agreement. (2) The
terms and conditions of this Agreement shall be binding upon Employers who rent construction
equipment with an operating engineer listed herein or of the kind usually operated by Employees
as follows:
i. In all instances and upon the full wages earned by Employees supplied to the
lessor of the equipment through the hiring hall, at the lessor’s request.
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ii.	In all instances in which the Employee is expected to pick up the machine to deliver the same to a job site or is to return said machine from the job site to the lessor’s yard or to another job site. In all instances in which the Employee reports to the job site with the machine. In all instances in which the Employee reports to the lessor as a result of having filed in the hiring hall an “Out-of- Work” card, requesting recall. In all instances in which the lessor obtains the Employee regardless of the
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course.
F. Failure to Staff. It is agreed that if the Employer operates an engine or machine
without the services of an engineer or junior engineer, except as permitted in this Agreement, the
Employer shall pay an engineer or junior engineer from the time such engine or machine is started.
In such circumstances, an engineer or junior engineer shall receive a full day’s pay, eight (8) hours.
G. Intermittent Time. Intermittent time is defined as from the start to the finish of
the job for forty (40) hours. If the employee is laid off and rehired, within the forty (40) hour period
or five (5) working days, they shall receive the wages due for such time between the hiring and
rehiring. When a machine assigned to any employee is used by any other individual during the week
on the same job site, the originally assigned employee shall be paid for all time worked by the other
individual. The provision for intermittent time penalty pay shall be suspended between November
1st and May 15th .
H. Slack Season “Two Hour” Rule. During the period of December 1st to May 15th,
the Employer shall have the option not to commence work, and employ engineers for that day for
weather-related reasons. If an Employee does not commence work after reporting for work, the
Employer shall pay the employee two (2) hours of reporting pay and fringe benefits. If the operator
commences work, they are to be paid for the full day, including grease time (if applicable).
I. Double-Breasting Prohibited. The Employer hereby agrees that in order to protect
and preserve the work opportunities of the employees covered under this Agreement, it shall not
establish or participate in any double-breasted operation within the geographic jurisdiction of Local
138, if operating engineer work is to be performed within said jurisdiction.
J. Subcontracting. The Employer will not unilaterally subcontract out work or fail
and/or refuse to follow the Union’s dispatching procedure in order to avoid compliance with this
Agreement.
K. Four Day/Ten Hour Shifts. Due to cancellations, the employer may establish a
work week consisting of four (4) days, each day consisting of ten (10) hours at straight time in
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accordance with the law, provided however the Employer notifies the Business Manager one (1)
week in advance and if mutually agreed to. Standard weekend overtime provisions apply. The 4/10
schedule must run for a period of at least four (4) days and must apply to the entire crew on the
project.
L. Overtime (PMR, Residential & Private Commercial Projects)
Hourly wages shall be paid at time and a half (1 ½) the straight time rate for overtime hours
where the Employer is performing (i) residential work, including but not limited to the construction,
improvement, modification and/or demolition of single family, multi-family, town houses and/or
apartment buildings (each a “Residential Project”), including driveways, private streets, curbs,
parking lots and garages within a Residential Project, and utility connection performed inside the
Residential Project line; and, (ii) the construction, improvement, modification and/or demolition of
retail, gas stations, industrial, commercial buildings and office buildings (each a “Commercial
Project”), including driveways, private streets, curbs, parking lots and garages within a Commercial
Project, and utility connection performed inside the Commercial Project line. This subsection shall
only be applicable to projects in the Building Construction Division or that are approved as a Market
Recovery project.
i. With respect to the work described in this subsection, Saturdays may be worked
at Straight time if forty (40) hours have not been reached during the work week
(eight (8) hour guarantee still applies).
ii. Work related to Utility connections (e.g. water, sewer, electric connections and
associated work) made outside of the project property lines are excluded from
this subsection.
iii. With respect to the work described in this paragraph, all operating engineers’
work (excluding cranes of any kind) shall be classified at the “C” Machines and
Manning rate. Additionally, the “AA”, “D”, & “E” Machines and Manning rates
shall continue in effect. This subparagraph (c) may only be utilized by Employer
members of the ACCNY performing work within the project line of a project in
the Building Construction Division or that is approved as a Market Recovery
project.
M. Standby Equipment. Standby equipment shall be manned by a Master Mechanic
for those Employers having a twelve (12) month Master Mechanic, except for dewatering and grout
pumps (otherwise if the equipment is running more than one shift, the Master Mechanic will cover
the first shift only).
N. Dual Equipment Operation. When an Engineer runs two (2) machines in a given
workday, the Engineer shall be paid at the highest-rated machine classification for the entire work
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day.
O. Protection of Conditions. The Employer agrees that all conditions of employment
relating to wages, hours of work, overtime differentials and general working conditions shall be
maintained at not less than the highest standards in effect at the time of the signing of this
Agreement, and the conditions of employment shall be improved wherever specific provisions for
improvement are made elsewhere in this Agreement. This provision does not give the Employer
the right to impose or continue wages, hours, and working conditions less than those contained in
the Agreement. The Employer agrees to recognize those practices which have been established by
the Union with respect to manning of jobs, including subcontracting of work.
P. Extra Contract Agreements. The Employer agrees not to enter into any agreement
or contract with his employees, individually or collectively, which in any way conflicts with the
terms and provisions of this Agreement. Any such agreement shall be null and void, and shall be
subject to production upon request of the Union.
Q. Labor Disputes. It shall not be a violation of this Agreement, and it shall not be
cause for discharge or disciplinary action in the event an Employee refuses to enter upon any
property involved in a primary labor dispute or refuses to go through or work behind any primary
picket line. In the event of any sympathetic stoppage of work caused by any union or unions
connected with the AFL-CIO, the Employer may pay off its straight time Employees at the end of
the work day on which the stoppage occurs and will not have to pay these Employees for any time
during the period of such stoppage.
R. Just Cause. The Employer shall not discharge an Employee without just cause. In
all cases involving the discharge of an Employee, the Employer must immediately notify the
employee in writing of their discharge and the reason therefore. Such written notice shall also be
given to the Lead Engineer, and a copy mailed or delivered to the Local Union office within one
working day from the time of the discharge. This provision shall not apply where an engineer is
laid off because of completion of the job. In respect to the discharge, the Employer must give at
least one (1) prior warning notice of the specific complaint or grounds for discharge against such
employee in writing, and a copy of the same to the Union and the Lead Engineer.
S. New Technologies. As new technologies and equipment become available, the
Parties agree to meet and bargain to determine the rates or pay for the operation of such equipment.
T. Payment of Wages. All wages payable under this Agreement shall become due and
payable on the job every week. No more than three (3) days’ pay shall be held back. If, for any
reason, the Employer terminates the services of any Employee working under this Agreement, the
accrued wages and fringe benefits shall be paid to them at the time of the termination of their
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employment, otherwise, if the Employee is directed to report at the Employer’s office for payment,
they shall be entitled to receive payment at double time for every hour consumed in traveling to and
waiting at such office for payment, deducting therefrom such time as may be a regular part of such
days’ work. If payment is not received at the office, as directed, such Employee shall report on the
next working day at such office, unless specifically directed to report on the job and shall continue
to do this each day until they have been paid, and during waiting time they shall be entitled to a full
day’s pay for each day that they report at the office or job. If any Employee shall of their own
volition leave the services of their Employer, then the Employer may retain the Employee’s wages
until the next pay day. As an alternative to payment by check, only with written consent of the
Employer and Employee, payment may be made by Payroll Debit Card or Direct Deposit in
accordance with 12 N.Y.C.R.R. Part 192. The same pay delivery and pay stub/pay statement
requirements for checks shall apply for Payroll Debit Cards and Direct Deposit.
U. Economic Crisis Clause. The Parties recognize the continuing uncertainty of the
current economic climate and the possibility of changes in legislation or regulations affecting the
industry. If, at any time during the term of this agreement, the wage and benefit levels required
under the applicable federal, state or municipal prevailing wage laws and regulations for
performance of work within the subject matter of this agreement are less than the wage and benefit
levels contained herein, then the wage and benefit levels required by the applicable prevailing wage
laws and regulations shall immediately become applicable to all prevailing wage work performed
within the scope of this agreements
V. Overtime Provision. At the end of the third year of the collective bargaining
agreement, at the request of either party, the Parties will meet and negotiate in good faith on the
subject of changing the overtime rate, where double-time is currently required, to time and onehalf, but neither party shall use self-help, strikes or lockouts in support of its position, nor shall the
issue of the overtime rate be subject to arbitration.
ARTICLE IV: UNION SECURITY
A. All present Employees who are members of the Union herein on the effective date
of this subsection or on the date of execution of this Agreement, whichever is later, shall remain
members of that Union in good standing as a condition of employment. All present Employees who
are not members of the Union and all employees who are hired hereafter shall become and remain
members in good standing of the Union as a condition of employment on and after the 8th day
following the beginning of their employment, or on and after the eighth (8th) day following the
effective date of this subsection, or the execution date of this Agreement, whichever is the later.
B. An Employee who has failed to acquire, or thereafter maintain, membership in the
Union, or their good standing, or written authorization to work from the Union as herein provided,
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shall be terminated three (3) working days after the Employer receives written notice from an
authorized representative of the Local Union, certifying that membership has been, and is
continuing to be, offered to such employee on the same basis as all other members. It is further
understood that the Employee shall be given notice from the Employer as to their failure to maintain
membership in the Union and shall be given an opportunity to make all dues or initiation fee
payments.
ARTICLE V: SAFETY AND HEALTH
A. No assignee for work shall be subject or compelled to undergo a physical
examination, other than drug/alcohol testing, in order to be employed, except to the extent required
by applicable Federal, State or Local Governmental Statute or regulations (for example hazmat
jobs).
B. The Parties have negotiated a Drug and Alcohol testing policy annexed to this
Agreement as Schedule “C”. If the Company requires an engineer to submit to a drug/alcohol test
before hiring them, the Employer will pay the engineer for the day unless the contractor hires the
engineer, in which case the Employer pays the engineer for time lost. If the engineer fails the test,
they will not be paid for taking the test.
C. It is the responsibility of the Employer to ensure the safety and health of the
Employees referred to it. Nothing in this Agreement shall make the Union liable to any Employees
or to any other persons in the event an injury occurs. The Employer agrees that the Union will not
be held responsible for the acts or failure to act, of those it refers.
D. The Employer and the Union understand that pursuant to an amendment to New
York State Code Rule 753, any municipality or operator that engages in excavation work will
require its excavators to complete an excavation training and education program. The New York
811 Excavator Training & Education Program will be provided by the Union and/or the affiliated
Funds.
ARTICLE VI: DISPATCHING PROCEDURE
A. It is recognized that the skills of all operating engineering employees covered by this
Agreement require intensive training and skills. Accordingly, the Employers that are signatory to
this contract agree to abide by the “Dispatching Procedure” of the Union, as established pursuant
to a stipulation with the National Labor Relations Board dated September 17, 1971, and to
incorporate the Dispatching procedures as part of this Agreement as Schedule “B”.
B. The Union agrees to furnish Employees upon twenty-four (24) hours’ notice
pursuant to the dispatching procedure. So long as the Union is able to furnish Employees in the
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classification requested, the Employer may not hire employees from any other source. Any dispute
regarding an Employee’s ability to perform a job shall be resolved, such resolution to be approved
by the Business Manager prior to the termination by the Employer of that Employee.
ARTICLE VII: ANTI-DISCRIMINATION AND ANTI-HARRASSMENT
The Parties agree that they will not refuse to hire or employ any individual, nor will they
bar or discharge from employment any individual, nor will they discriminate against any individual,
in compensation or in terms, conditions or privileges of employment because of an individual’s
race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, military
status, predisposing genetic characteristics, domestic violence victim status 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. Violations of this Article are not
enforceable under the grievance and arbitration clauses of this Agreement.
The Employer and the Union understand that New York State employers are required to
establish a sexual harassment prevention policy. It is agreed that all signatory Employers shall adopt
the New York State Department of Labor model sexual harassment prevention policy, sexual
harassment prevention poster, model complaint form and training requirements. Training to be
provided by the Union and/or the affiliated Trust Funds.
ARTICLE VIII: BENEFIT CONTRIBUTIONS AND ENFORCEMENT OF
AGREEMENT
The provisions of this Article shall apply to all work covered by this Agreement.
A. It is agreed that the Employer is hereby obligated to make to the Local 138, 138A,
138B and 138C I.U.O.E. Welfare Fund (and Supplemental Unemployment and Vacation
Accounts), Pension & Retirement Benefit Fund, Apprenticeship Training Fund, Annuity Fund and
Legal Fund, and/or their successor Funds, including but not limited to, the Central Pension Fund of
the International Union of Operating Engineers and Participating Employers (“Central Pension
Fund”)(all of the aforementioned jointly-managed funds are hereinafter collectively referred to as
the “Funds”), and the Long Island Heavy Construction Industry Promotional Fund (“Industry
Promotional Fund”), of a sum of money equal to an agreed upon amount, on behalf of those of its
employees who are covered by and entitled to the benefits of this Agreement. The amounts of such
contributions shall be as set forth in the Wage and Benefit Schedule appended to this Agreement as
Schedule “A” and subject to the following terms:
i. Contributions to the Vacation and Annuity Funds will be paid at the double time
rate for all overtime hours paid.
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ii.	Contributions to the Welfare Fund (including the Supplemental Unemployment Account) the Apprenticeship Training Fund, and the Legal Fund shall be paid as per Schedule A on straight time hours only. Contributions to the Central Pension Fund shall be at the straight time rate for regular and overtime hours paid. Contributions to the Industry Promotional Fund shall be made at the straight time
iii.
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rate for regular and overtime hours.
B. Payments to the Union for Dues-Checkoff (as required by Article IX of this
Agreement) and for voluntary Political Action Contributions to the Local 138 Federal and/or State
PAC together with Defense, Organizing, Picketing and Strike Fund (“DOPS”) contributions shall
be on all hours, paid at the straight time rate and the remaining amount shall be paid to the
Employee.
C. Payments to the Funds made by an Employer on behalf of an employee covered by
this Agreement, including the Industry Promotional Fund, to the Union for Dues-Checkoff (as
required by Article IX), to the DOPS Fund, and for voluntary Political Action Contributions to the
Local 138 Federal and/or State PAC, shall be made by the payment of all benefits payments owed
pursuant to this Agreement and shall be payable to the “Local 138 Clearance Account-Stamp Fund.”
Payments are to be made by cash, check, or credit card (subject to terms approved by the Union)
and should be paid on all hours paid.
D. If a check is returned for insufficient funds or any other reason, the Employer will
be required thereafter to pay all contributions to the Local 138 Clearance Account-Stamp Fund by
certified or bank check, or credit card.
E. IUOE National Training Fund. The Employers hereby agree to make contributions
to the International Union of Operating Engineers National Training Fund in the amount of five
cents ($.05) per hour for each hour worked to all employees whose compensation is covered by this
Agreement. Each Employer agrees to transmit and pay the amount of contributions due to the
National Training Fund to the Funds, under the same terms and at the same time as the other Local
138 fringe benefit fund contributions are made under this Agreement. Each employer signatory or
otherwise bound to this Agreement agrees to become party to the current Agreement and
Declaration of Trust Establishing the International Union of Operating Engineers National Training
Fund and further agrees to be bound by the Agreement and Declaration of Trust and any
amendments adopted thereto. Each employer further agrees to be bound by all rules, regulations
and procedures adopted by the Board of Trustees of the International Union of Operating Engineers
National Training Fund, together with all actions taken by the Board of Trustees within the scope
of its authority. Each employer also authorizes the parties to this Agreement and Declaration of
Trust to appoint trustees and successor trustees and hereby ratifies and accepts the trustees so
appointed. If by mutual agreement amongst the parties to this Agreement and where memorialized
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in writing, each Employer will be bound to any increase(s) in the contribution rate set by the Board
of Trustees of the International Union of Operating Engineers National Training Fund during the
pendency of this Agreement.
F. The Industry Promotional Fund has been established for the purposes of promoting
industry advancement and related programs to improve conditions in the industry and enhance
employment of employees within the jurisdiction of the Union. All employers who are signatory to
this Agreement shall contribute to the Industry Promotional Fund the sum of fifty cents ($.50) per
hour for all hours worked. The contributions required hereunder shall be collected in the manner
set forth in Article VIII, Section A of this Agreement. There shall be no commingling of these funds
with those fringe benefit contributions and dues check-off, due and owing to the Union. All monies
received by the Local 138 Clearance Account for the Industry Promotional Fund shall be
immediately remitted to the offices of the Industry Promotional Fund. The function of the Local
138 Clearance Account is merely to collect such monies from the Employer as a matter of
convenience in order to facilitate the transmittal of contributions to the Industry Promotional Fund.
All costs for clerical, legal and administrative services are to be borne solely by the Industry
Promotional Fund. It is expressly understood that neither the Union nor its jointly administered
Funds shall exercise any dominion or control over the collection or utilization of the monies paid
to the Industry Promotional Fund. Neither the Union nor its jointly administered Funds shall be
required to engage in any acts with respect to the collection of monies for the Industry Promotional
Fund. The Industry Promotional Fund shall hold harmless and defend the Union and its Funds and
their Trustees and representatives from any and all loss or damage including any legal fees incurred
for the defense of any claim or lawsuit occasioned as a result of administering the Industry
Promotional Fund.
G. The parties agree that the Welfare Fund shall provide and administer paid family
leave benefits mandated pursuant to New York State Paid Family Leave Act (“PFL”). To fund the
PFL benefit, the Employer shall, effective June 1, 2023, contribute twenty-five cents ($.25) per
hour to the Welfare Fund, in addition to the hourly contributions required in this Agreement and
the annual wage and benefit increases, for each hour or part thereof paid to Employees in
accordance with the provisions of this Agreement. In accordance with the PFL, Employers shall be
required to remit contributions to the Welfare Fund on behalf of Employees taking PFL benefits to
provide for the continuation of health insurance coverage while the Employee is on PFL leave. The
Employer does not need to purchase a stand-alone PFL policy for bargaining unit Employees and
the Employer will not take any payroll deductions from Employees’ paychecks to pay for the PFL
benefit. Other than for the provision of required insurance benefits, the Employer remains
responsible to meet all other obligations under the PFL law, including, for example, the notice and
reinstatement requirements for employers under the PFL law. The PFL benefit is provided via an
insurance policy with potentially increasing costs. The Union may request to re-open the CBA after
the first contract year and may seek to negotiate modifications to the Paid Family Leave provision
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solely with respect to the hourly contribution rate should the cost of the PFL insurance policy
obtained by the Welfare Fund increase by more than five percent (5%) since June 1, 2023. The
Union must notify the Association in writing not less than sixty (60) days or more than ninety (90)
days prior to May 31st of each year of this contract, that the Union desires to modify the PFL hourly
contribution rate. Any modifications to this provision must be in writing and executed by the parties
to this CBA or their designated representatives.
H. The Trust Agreements governing the Funds to which the foregoing contributions are
to be made shall be a part of this Agreement, with the same force and effect as if fully incorporated
herein, and an Employer not previously bound to said Trust Agreements, hereby agrees that upon
the execution of this Agreement, it shall be deemed party to said Trust Agreement and bound to the
terms of the Trust Agreements and Declarations of Trust, any collection policies for the Funds, and
any modifications thereto. Title to all contributions made to and/or due and owing to the Funds
shall be vested in and remain exclusively in the trustees of those Funds.
I. Bonding: (i) Employers shall be bonded in sufficient amounts to guarantee all fringe
benefits, if found to be delinquent. In such circumstances where there has been an audit of an
Employer, and no deficiency has been found within six (6) months preceding the execution of this
Agreement, an Employer who is a member in good standing of the Long Island Contractors
Association or the Association of Concrete Contractors of New York, Inc. shall not be required to
be bonded. For an Employer who is a member in good standing of the Long Island Contractors
Association or the Association of Concrete Contractors of New York, Inc. and not satisfying the
circumstances specified above in this paragraph, a bond in the amount of $50,000 shall be posted.
(ii) In such circumstances where there has been no such audit, or where the Trustees, in
their discretion, have determined, either by an audit conducted by the Fringe Benefit Funds’
auditors or otherwise, that an Employer has underpaid fringe benefits or where the Employer has
not been previously signatory to a collective bargaining agreement, the Employer shall be bonded
in sufficient amounts that guarantee all fringe benefits and shall post a bond in the sum of
$100,000.00. The Union and/or Fund Trustees reserve the right to impose a higher bonding
requirement based on the projected work on a particular job or the projected work of the Employer
generally.
(iii) If an Employer is unable to secure bonding, monies equivalent to the amount of the
bonding originally required shall be deposited with the Funds.
J. Failure or refusal to pay Fund contributions or to comply with the provisions of this
Agreement shall constitute a breach of this Agreement by the defaulting Employer, and the Union,
without further notice, reserves the right to forthwith withdraw employees from jobs of the
Employer until compliance herewith, or take such other action as it deems necessary, including but
not limited to litigation, any terms of this Agreement to the contrary notwithstanding. In the event
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work is halted for the reason of the failure of the Employer, contractor or subcontractor to maintain
its payments of any monies to the Funds, or its other obligations under this Agreement, the
employees who are taken off the job shall be paid retroactively for any time lost during the
aforementioned period before payment is made to the Funds or compliance with the Agreement is
satisfied, and the employees return to the job.
K. Employers who are delinquent in the payment of required monies to the Funds shall
be liable for immediate payment of all delinquencies, interest on the unpaid amount until all such
amounts shall be paid, the cost of legal fees reasonably incurred in collecting the delinquent
payments and all damages as provided for by the applicable Trust Agreement. For the purpose of
this provision, interest will be computed at no less than the then in effect prime rate, or as established
by the trustees of the Funds.
L. The Union and/or the Funds shall have the right to audit all books and records of the
Employer to ensure compliance with the terms of this Agreement to ensure payment of all
contributions owed to the Funds or the Union:
i. Each Employer shall maintain payroll and related records relating to its employees
for a minimum of six (6) years. Such documents and records shall include all
information that relates to service for, or other employment relationship with, the
Employer on at least a quarterly basis and that is relevant to a determination of the
benefit entitlements of any of the Employer’s employees who meet the Funds’
requirements for eligibility to participate in the Funds (including any requirement
regarding service in a job classification covered by this Agreement) whether or not
such employee performs service in a job classification covered under the Agreement
during any quarterly period, and any of the Employer’s employees who perform
service in a job classification covered by this Agreement during any quarterly
period, whether or not any such employee has met the Funds ’ requirements for
eligibility to participate in the Funds during such quarterly period.
ii. Any officer, director, shareholder and/or managerial representative of an Employer,
either in their corporate or individual capacity, (herein defined as an owner/operatoremployer/principal) who himself performs the functions of an operating engineer in
covered employment within the geographic jurisdiction of the Union, shall be
required to comply with all of the terms and conditions of this Agreement, including,
but not limited to, the payment of fringe benefit contributions to be made on their
behalf.
iii. By working in covered employment, each aforementioned owner/operatoremployer/principal waives any claim or demand that they are not covered under the
provisions of this Agreement.
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iv. Each owner/operator-employer/principal shall comply with the terms of the
Dispatching Procedure set forth in the Collective Bargaining Agreement. When an
owner/operator- employer/principal ceases operating a piece or pieces of equipment,
he/she shall promptly file an Out-of-Work Card with the Union in accordance with
the Dispatching Procedure.
v. Should an owner/operator-employer/principal fail to file an Out-of-Work Card, such
owner/operator-employer/principal shall be presumed to be working and shall be
responsible and obligated to purchase fringe benefit stamps for forty (40) hours each
work week. Should an owner/operator-employer/principal be found to be operating
a piece of equipment at a time when they filed an Out-of-Work card, such
owner/operator-employer/principal shall be obligated to purchase fringe benefit
stamps from the date they filed an Out-of-Work Card at the rate of forty hours per
week.
vi. The Union and/or Funds will be entitled to require any individual to execute those
documents that are necessary to implement this provision.
M. The Parties agree and acknowledge that this Agreement provides benefits
comparable to or more favorable than those required by Section 196-b of the New York State Labor
Law and the New York City Paid Safe and Sick Leave Law, including but not limited to, holidays,
supplemental unemployment, vacation accounts, welfare benefits, and other benefits provided
pursuant to this Agreement. Therefore, the Union agrees that the requirements of Section 196-b of
the New York State Labor Law and the New York City Paid Safe and Sick Leave Law laws are
expressly waived by this Agreement. In addition, the Parties agree to waive the application of Labor
Law § 196-c to Employees covered by this Agreement.
ARTICLE IX: DUES CHECK-OFF
The Employer agrees to deduct from the wages of each Employee covered by this
Agreement working under any of the classifications as set forth in Article II herein and in the
territorial jurisdiction of Local 138 and to pay to said Local 138, after proper execution by each
Employee of an authorization form, the dues, and other uniform assessments of the Union, as a
condition of continued, employment which sums shall constitute a part of said Employee’s Local
138 Union dues. Dues Check-Off payments required by this section are to be included as part of
Consolidated Stamp to the Local 138 Clearance Account – Stamp Fund, as required by Article VIII
of this Agreement. Local 138 agrees to indemnify and to hold harmless the Employer from any and
all claims, actions and/or proceedings arising out of said Dues Check-Off.
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ARTICLE X: HOLD HARMLESS CLAUSE
A. The Employer shall provide for public liability insurance to cover its employees
covered hereunder against liability incurred in the operation of any construction equipment operated
by the employee during the course of his employment or in furtherance of the Employer’s business,
in the same amounts for which the Employer is covered but not less than $200,000 for one person
and $500,000 for one accident.
B. Any person, firm or corporation whose business it is to own construction equipment
listed herein and to put said equipment out for hire with operator or crew, shall provide said
insurance coverage in the same manner as though said person, firm or corporation were the
Employer of said operator or crew.
C. In the event that the Employer or the owner of the rented equipment shall fail to
provide the necessary public liability insurance covering the operator or crew of the equipment,
then and in that event, the Employer or owner shall hold the operator or crew harmless to the extent
of protection that could have been afforded by a standard New York liability insurance policy which
shall include legal expenses, lost wages, and traveling expenses incidental to the defense by the
operator or crew of any action brought against said person by his operation of the said equipment.
D. The Employer shall pay or reimburse the employee in full for all fines which result
from defective equipment or for any statute or administrative regulation that is applicable to the
vehicle in issue.
E. Whenever an employee is fined or penalized because of circumstances beyond the
control of the employee, the Employer shall pay all costs and damages assessed against the
employee including bail bonds, legal fees, fines, or lost earning opportunity that the employee may
suffer. All fines must be paid by the Employer on or before the date returnable and the employee
must be furnished with a receipt evidencing payment of such fine by the Employer. The Employer
may exercise its right to contest this citation and shall indemnify the employee for any cost and
damages resulting from this decision to contest the citation.
F. If the Employee is required to appear in a court outside of the normal working hours
in the above referenced cases, they shall be paid eight (8) hours pay at the straight time rate. It shall
be the responsibility of the employee to turn over to the job supervisor any citation within twentyfour (24) hours of receipt. Failure to turn in the citation will relieve the Employer of any
responsibility to pay for the court appearance, or any other costs. The job supervisor shall provide
an appropriate written receipt to the Employee.
G. The Employer shall not discharge or discipline an Employee or refuse to hire an
Employee on the basis of violations or tickets received by the Employee due to the Employer’s
15
actions.
H. The Employee shall authorize the Employer’s legal representative to represent they
and appear on their behalf concerning all administrative and/or court proceedings involving
vehicular violations, environmental violations, etc., involving vehicles owned or leased by the
Employer. The Employer shall compensate the employee for the time lost from work if the
Employer directs the Employee to appear as a witness for the Employer or if the Employee is
individually named in the administrative and/or court procedures.
I. It is further agreed that the Employer and/or Employers who rent equipment, shall
assume full responsibility in reference to New York State Vehicle and Traffic Laws, under Section
385 and any and all County Laws, with regard to mobile and portable equipment set forth in this
Agreement. The Employer shall pay all fines and loss of wages for appearances for or in reference
to incidents incurred in or on behalf of the Employer.
ARTICLE XI: MARKET RECOVERY PROGRAM
To facilitate the preservation and growth of work opportunities for members of Local 138
with the territorial jurisdiction of the Union, the parties have agreed to implement a market recovery
program. A Market Recovery Program shall be and is hereby established having the primary goal
of improving work opportunities for Employees performing bargaining unit work covered by the
Union’s collective bargaining agreement, improving, and increasing the market share of work
within Union’s craft and geographic jurisdiction, and preserving and improving wage, benefit and
working conditions on private, mixed-use, and residential construction projects. The Market
Recovery Program shall be funded with an hourly contribution made by employers to the Joint
Industry Advancement Fund (“JIAF”). Effective June 1, 2023, the sum of One Dollar Fifty ($1.50)
will be paid to fund the Market Recovery Program per hour for each and every hour paid to
employees performing bargaining unit work covered by the Union’s collective bargaining
agreement. The terms of the Market Recovery Program are annexed as Schedule D and incorporated
into this Agreement as if fully stated herein.
ARTICLE XII: TERMINATION OF AGREEMENT
The provisions of this Article XII shall apply to all work covered by this Agreement.
A. Termination: This agreement shall continue in effect from the date of the signatures
by both parties hereto, which date is the first hereinbefore mentioned, until the termination date of
this Agreement.
B. This Agreement shall be in full force and effect from June 1, 2023, to and including
May 31, 2028, and shall continue from year to year thereafter unless written notice of desire to
16
cancel, modify or terminate the Agreement is served by either party upon the other at least sixty
(60) days prior to date of expiration or any annual anniversary date thereafter.
ARTICLE XIII: GRIEVANCE PROCEDURE
The provisions of this Article XIII shall apply to all work covered by this Agreement.
A. It is agreed that for the purpose of settling any dispute between the parties herein as
to any claim or violation of this Agreement, or any dispute that may arise in connection therewith,
or for construing the terms and provisions hereof, the matter shall be taken up by the Employer with
the Union. In the event that no amicable agreement can be reached, the grievance shall be handled
utilizing the following procedures:
Step 1: The matter may than be placed before a Joint Panel comprised of an equal number
of Union and Long Island Contractors Association or ACCNY representatives, as the case
may be whose decision shall be final and binding. Joint Panel Sessions shall be scheduled
within a reasonable period of time from the date of a request presented by a representative
of the Union and/or by a representative of the Long Island Contractors Association and/or
the ACCNY. Prior to the submission of the dispute to the Joint Panel for resolution, the
Employer shall desist from the violation of the Agreement claimed by the Union.
Step 2: In the event that the Panel deadlocks and cannot reach a decision as to the issue
submitted, the matter shall be promptly submitted to an arbitrator agreed upon by the parties
who shall hold an arbitration under the labor arbitration rules of the American Arbitration
Association (“AAA”). If no mutually agreeable arbitrator can be selected, the AAA labor
arbitration rules procedures for selection of an arbitrator shall be applicable.
B. The Union and the Long Island Contractors Association or the ACCNY may
establish a joint labor-management task force, consisting of an equal number of Union and
Association members for the purpose of dealing with pre-grievance and contract enforcement
issues.
ARTICLE XIV: SAVINGS CLAUSE
If any Article or Section of this Agreement hereto should be held invalid by operation of
law or by any court or administrative agency, or if compliance with or enforcement of any Article
or Section should be restrained by such tribunals pending a final determination as to its validity, the
remainder of this Agreement, or the application of such Article or Section to persons or
circumstances other than those as to which it has been held invalid or as to compliance with or
enforcement of has been restrained, shall not be affected thereby. In the event that any Article or
Section is held invalid or enforcement of or compliance with which has been restrained, as above
17
set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations
after receipt of written notice of the desired amendments by either the Employer or the Union for
the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the
period of invalidity or restraint. There shall be no limitations of time for such written notice. If the
parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of
the stated written notice, either party shall be permitted all legal or economic recourse in support of
its demands notwithstanding any provisions of this Agreement to the contrary.
ARTICLE XV: SHOP STEWARDS
A Shop Steward shall be appointed to each job site by the Local Union to see that the
conditions of the Agreement are not violated by either the Employer or employees. In case of slack
season, the Shop Steward shall be the second Employee to go to work and the last Employee laid
off. The slack season shall be deemed to run from December 1st through April 30th. Under no
circumstances shall the Shop Steward be discriminated against. The Shop Steward shall receive one
dollar ($1.00) per hour in addition to their regular rate of pay.
The authority of the Shop Steward designated by the Union shall be limited to, and shall not
exceed, the following duties and activities: (i) the investigation and presentation of grievances and
complaints in accordance with the provisions of the Collective Bargaining Agreement, including
but not limited to, issues relating to payment of wages, fringe benefits and compliance with the
Collective Bargaining Agreement; and (ii) the transmission of such messages and information
which shall originate with, and are authorized by the Local Union or its officers, provided such
message and information (a) have been reduced to writing, or (b) if not reduced to writing, are of a
routine nature and do not involve work stoppages, slowdowns, refusals to handle work or any other
interference with the Employer’s business. Stewards shall have no authority to take strike action,
or any other unauthorized action interrupting the Employer’s business.
The Employer recognizes the aforementioned limitations upon the authority of the Shop
Steward and shall not hold the Union liable for any unauthorized acts unless the Union fails to use
reasonable efforts to require the Shop Steward to cease improper action. The Employer in
recognizing such limitations shall have the authority to impose discipline, including discharge, in
the event the Shop Steward has taken unauthorized strike action, slowdown or work stoppage in
violation of this Agreement.
The Shop Steward shall be entitled to a reasonable period of time per day to conduct his/her
Shop Steward duties. A Shop Steward shall have no jurisdiction over a company lead engineer.
This Shop Steward provision shall apply where the Union determines that a lead engineer is not
applicable to the Employer’s job site.
Upon a determination by the Union that the Employer has substantially undermined the
payment of wages, and/or fringe benefit contributions, and that it would be in the best interest of
the bargaining unit to appoint an operating engineer as Shop Steward from outside the bargaining
unit, the Union may appoint such individual as Shop Steward, until it determines that substantial
compliance with the conditions in the Collective Bargaining Agreement have been restored.
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ARTICLE XVI: APPRENTICE TRAINING
A. A New York State Registered Operating Engineer Apprentice (Heavy Highway) (an
“Apprentice”) may be employed on any job that has Operating Engineers on the job operating the
same types of equipment and having additional pieces of similar type available for the Apprentices
to be assigned to in accordance with applicable New York State and United States apprenticeship
regulations, including ratios of journeypersons to apprentices.
B. An Employer in good standing with the Union and the Funds may request an
Apprentice, provided that the Joint Apprentice Training Committee (“JATC”) is satisfied that
proper training is available for the Apprentice on the job site.
C. It will be the option of the Employer, with the input of the Union and the JATC, to
assign Job site equipment required for Apprentice training, so long as the selection does not
interfere with job continuity.
D. The placement of Apprentices shall be made jointly with the Union, JATC, and the
Employer to whom an Apprentice is dispatched.
E. Apprentices shall be subject to all terms and conditions of this Agreement and paid
in accordance with wage and supplemental benefits set forth in Schedule A
ARTICLE XVII: INDUSTRY-SPECIFIC PROVISIONS
It is hereby agreed that ENGINEERING CONSTRUCTION WORK is a specialized branch
of Contracting Work, separate and distinct from BUILDING WORK, SHOP WORK, and PLANT
WORK.
A. ENGINEERING CONSTRUCTION WORK referred to in this Agreement is
herewith defined as all HEAVY CONSTRUCTION WORK performed by the employer.
B. BUILDING CONSTRUCTION is herewith defined as to include any and all
building construction in and around buildings, where a building permit is necessary from the
community.
C. SHOP WORK is defined as work within a shop on private property including but
not limited to construction equipment maintenance, repair, and manufacturing facilities.
D. PLANT WORK is defined as work within a plant on private property, including but
not limited to asphalt, concrete, screening and crushing plants and sand pits, but not plants set up
on jobsites.
SUBDIVISION A
ENGINEERING CONSTRUCTION DIVISION
(HEAVY AND HIGHWAY)
19
The provisions of this Article XVII, Subdivision A shall apply to ENGINEERING
CONSTRUCTION WORK (HEAVY AND HIGHWAY).
A. Wages. Attached hereto is SCHEDULE A, which schedule is made a part of this
Agreement. Said schedule sets forth the wage rate of the various classifications of employees.
B. Conditions

i.	Whenever an engineer, fireman or apprentice engineer is employed intermittently to operate a machine, he shall do such other work during that period when his machine cannot be operated, consistent with the terms of this Agreement. Engineers employed on equipment that requires grease time, as noted in the attached
ii.

wage schedules, shall report to work one-half (1/2) hour before the regular starting
time for greasing and shall be paid for such greasing at 1½ times the applicable
straight-time rate for one-half hour. The grease time benefit rate will be a grease
time stamp in the amount of $13.15. There shall be no increase in the grease time
benefit stamp for the term of this Agreement. Greasing may occur at any time of the
day, in the Employer’s discretion. The Employer shall notify the Union, prior to
commencement of the work, that the project has restricted work hours. Employees
who grease equipment at the beginning of the day shall begin working as soon as
greasing is finished. There shall be no grease time on governmental (state, county
and municipal) jobs with restricted work hours written into the specifications.
iii. When a vibratory hammer is being used for driving piles or sheeting and the controls
are operated by the engineer on the crane and the generator or compressor is
mounted on the crane or rig, the engineer shall receive one (1) hour of pay payable
at premium time, per day, in addition to the rates listed. In addition, the oiler shall
be paid the appropriate rate of pay. If the console is operated on the ground level,
separate from the crane or rig, then the console will be operated by the engineer
operating the generator or compressor.

iv.	Rain Gear will be supplied by the Employee. The Union will provide hard hats and New York State Department of Transportation approved safety vests.

v. Engineers, junior engineers, firemen and oilers are permitted to work in the shop and
do the work prescribed by the Employer at a reduced rate, to be known as the shop
rate, which is attached hereto in Schedule A, and overtime, at the rate of time and
one-half; but in the event that a machine breaks down on the job, the job wages must
be paid, and the employee operating the machines must do their own repairs whether
in the shop or on the job.

vi.	Operators shall not be required on the first piece of the following two (2) pieces working on a job: small generator, small pumps (three (3) inches and under). Junior engineers or oilers shall be employed on all gasoline, electric, oil or air operated shovels, draglines, backhoes/hydraulic excavators (150,000 pounds or
vii.

20
more), keystones, truck cranes, asphalt-spreading machines, cranes, road paving
machines, mobile or piston type, multi-conveyors, crane cars twenty (20) tons and
over, crane cars truck mounted, and all truck mounted booms, and their duties shall
be to assist the engineer in oiling and greasing and repairing of all machinery and
giving signals whenever necessary. Oilers shall not be required on:
1. Rough Terrain cherrypickers up to and including seventy (70) tons;
2. Crawler Backhoes/hydraulic excavators, up to and including 150,000 lbs;
3. Post-Hole Auger; or
4. Milling machines with a drum size of 48 inches or less with or without a
conveyer.
5. Hydraulic cranes and cherrypickers, 75 tons
6. Hydraulic cranes and cherrypickers, less than 75 tons
Wherever this Agreement requires the contractor to employ a junior engineer or oiler as
the second engineer on a piece of equipment, the Union may offer, or the contractor may
request, that this obligation be satisfied by employing an apprentice as the second
engineer. The Union agrees to make its best effort to approve a request by a contractor.

viii.	Oilers shall be employed on all dual-purpose transit mix plants (screening and loading) in addition to the engineer. Oilers on truck cranes, having a boom length of 100 feet or over, shall receive an additional twenty-five (25¢) cents per hour. Wellpoints:
ix.
x.

1. Three (3) pumps within one thousand (1,000) feet.
2. One (1) engineer for each shift.
3. Installation of conventional wellpoint systems will require a minimum of a four
(4) man crew – three (3) men and one (1) foreman to install and dismantle.
4. On turbine pump systems, the number of employees to install and dismantle shall
be determined by the size of the pipe.
5. Engineers will be employed on each system necessary for jacking pits that cross
railroad tracks, limited access highways, parkways, expressways and turnpikes.
6. Where a rotary drill is used solely for the installation of well casings in a well
system, there shall be a working crew of four (4) employees – two (2)
maintenance persons , one (1) oiler and one (1) engineer driller.
7. Installment of submersible pumps – shall require use of a four (4) person crew –
consisting of three (3) operators and one (1) foreman in the installation gang.
8. It shall be left to the discretion of the Business Manager to determine when four
(4), six (6) hour shifts are necessary on pump systems working seven (7) days a
week due to a work shortage.
xi. The Holidays to be observed and considered paid holidays under this Agreement
21
shall be as follows: MARTIN LUTHER KING DAY, PRESIDENT’S DAY,
GOOD FRIDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,
VETERAN’S DAY, THANKSGIVING DAY and CHRISTMAS DAY, or days
celebrated as such. All work performed on such days and all Saturdays and Sundays
shall be paid at the rate of double time. If the designated holiday falls on a Saturday,
it will be celebrated on the preceding Friday provided, however, employees who
work on such day will be paid at the rate of double time. If the designated holiday
falls on a Sunday, it will be celebrated on the succeeding Monday. Engineers,
maintenance engineers, junior engineers, firemen and oilers ordered to report for
work on such days shall receive not less than two (2) days’ pay. Upon twenty-four
(24) hours’ notice to an Employee, an Employer may designate Election Day as a
non-working, unpaid holiday.
xii. Holiday pay is defined as follows: An employee must be employed on the day
before the holiday and the day after the holiday to receive pay for the holiday, if not
working on the holiday. For this purpose, show-up time counts as a day employed.
xiii. If an Employee works intermittently in a calendar week in which a holiday falls, but
does not work the holiday, they shall receive two (2) hours pay extra per day, but
not to exceed eight (8) hours pay for holiday compensation.
xiv. The Employee’s week begins on the day when they report for work.
xv. Any part of the one-half (1/2) hour overtime constitutes one-half (1/2) hour and shall
be computed at the double time rate, except grease time, (one (1) hour’s pay and
applicable fringe benefits).
xvi. It is agreed that shift work shall be governed by the following rules. On jobs where
there is more than one (1) shift and a relief engineer has not been ordered to work,
the following shift or any part thereof shall be paid at the rate of double time, but if
the relief engineer fails to report for work, then the engineer on duty at that time
shall continue to work the next shift and the rate shall be single time. It is also agreed
that where two (2) or three (3) shifts are employed, that a shift will be made every
two (2) weeks, changing from the day shift to the night shift, between the members
of the Union.
xvii. On the day shift, which shall begin at 6:30 AM, 7:00 AM, 7:30 AM or 8:00 AM,
when working through lunch, the operator shall receive one-half (1/2) hour at the
double time rate (one (1) hour’s pay and applicable fringe benefits). Any work
performed on other than a day shift, where there is no day shift shall be paid for at
the double time rate. This shall not apply to New York State D.O.T. and other
governmentally-mandated night work. It is agreed that night shift is not off-shift
work.
xviii. For night shift work mandated by New York State DOT or other governmental
entities, night shift differential shall be paid at thirty percent (30%), including on the
overtime rate.
22
xix. On a two (2) shift job, an engineer, junior engineer, foreman or oiler shall be subject
to the time allotted for lunch in accordance with the custom of the trade he is then
working with.
xx. When three (3) shifts are employed, each shift will work seven and one- half (7-1/2)
hours, but will be paid for eight (8) hours, one-half (1/2) hour being allowed for
mealtime, except that engineers employed in power plants will partake of their meals
during their eight (8) hour-shift.
xxi. A week shall start at 12:01 a.m. on Monday and end at 12:00 midnight on Friday.
All work performed over the eight (8) hour day in a forty (40) hour week, except
grease time, shall be paid for at the rate of double time. A workday shall be eight
(8) hours.
xxii. It is agreed that on Saturday, Sunday, or a holiday, if an engineer is notified and
reports for work, regardless of whether or not their services are needed, they shall
receive two (2) days pay. In case an engineer is not ordered out on a Saturday,
Sunday, or a holiday, and their engine or machine is operated by another engineer,
they, as well as the engineer who operated the engine or machine, shall be paid for
two (2) days’ pay. It is further agreed that these conditions for Saturday, Sunday
and holiday work shall also apply to firemen, junior engineers, maintenance
engineers, and oilers.
xxiii. It is agreed that engineers and firemen ordered out to do repair work and wash out
boilers on a Saturday, Sunday, or a holiday shall receive two (2) days pay. It is also
agreed that an engineer shall not be requested to work with other than a junior
engineer, fireman or oiler on the machines or engines he operates.
xxiv. On jobs where a Lead Engineer is not employed, repairs shall be done by the crew
on their own machines.
xxv. The Union agrees that its members shall not leave a job without providing a capable
substitute.
xxvi. Maintenance engineers shall be employed to do all temporary pipe fitting, repairing
and maintaining of all equipment.
xxvii. Lead Engineers.
1. A Lead Engineer as designated by the Business Manager shall be required on all
jobs in excess of two million dollars ($2,000,000.00). The Lead Engineer shall
operate equipment until there are eight (8) engineers working on the job, in
which case the Lead Engineer will do all temporary pipefitting, repairing and
maintenance of all equipment with the help of the maintenance men. In any case
of emergency, they shall be used to operate equipment. The word “JOB” as used
herein means a site and/or portion thereof upon which a planned improvement
will be constructed. It is understood that, as a precondition for work to be
performed, the various PRIME CONTRACTORS shall pay their proportionate
share of the expense of the Lead Engineer to his Employer, and in case of breach
23
of this provision, each other entity shall be jointly and severally liable for
payment.
2. Any contractor that does not employ a Lead Engineer under section xxvii(1)
above, but employs a combination of a total of twelve (12) or more engineers,
shall employ a Lead Engineer, who will be designated by the Business Manager
of the Union.
3. Notwithstanding Sections xxvii(1) and (2) above, if an Employer employs a
Company Lead Engineer for nine (9) months per year, from April 1 to December
31st, such Employer has no obligation to employ a Lead Engineer on any job.
Employers that employ a Company Lead Engineer have no obligation to employ
any Lead Engineers during the period of December 31st to April 1 unless, during
that time period, the Employer employs a sufficient number of engineers to
require a Lead Engineer under either the eight (8) or twelve (12) engineer rules.
xxviii. Eight (8) hours shall constitute a day’s work, with a flexible starting time at 6:30
A.M., 7:00 A.M., 7:30 A.M. or 8:00 A.M., with one (1) unpaid hour for lunch. Starts
shall be by the equipment, not the job. The Employer shall have the right to schedule
lunch such that lunch begins at any time after four (4) hours worked, and is
completed before five and one-half (5½) hours into the shift. Lunch may be changed
by mutual consent to one-half (1/2) hour, and quitting time would then be adjusted
accordingly.

xxix.

On cranes using clam shell buckets, the engineer shall receive twenty-five (.25¢) cents per hour additional over the listed rates.

Truck and crawler cranes having long boom lengths and crane cars and boom trucks
including cherry-pickers shall be governed by the following and shall be paid to the engineer
over the scheduled rates per hour in addition to the rate listed:

Boom Lengths of 100 ft.	(including jib) but less than 150 ft.	– $1.00
Boom Lengths of 150 ft.	(including jib) but less than 250 ft.	– $1.50
Boom Lengths of 250 ft.	(including jib) but less than 350 ft.	– $2.00
Boom Lengths of 350 ft.	or more (including jib) – $3.00

 

xxx.	On front end loaders with bucket capacity of ten (10) yards and over, the operator shall receive twenty-five (25¢) cents per hour over the rate. The multi small equipment operator shall cover any combination of six (6) pieces of equipment such as small generator, compressor (up to and including 375 CFM), and
xxxi.

small pump up to three (3) inches. If a company employs a Lead Engineer, the
company will not be required to assign an engineer to the first compressor.
xxxii. Snow: A shift will start when an employee arrives on the job, and they will be
guaranteed eight (8) hours pay from when they start. Saturdays, Sundays, and
holidays will be paid at the rate of double time.
24
xxxiii. All road tolls shall be paid by the contractor.
xxxiv. Whenever an employee is dispatched to an Employer, that Employer, even if a rental
outfit or vendor, shall be held responsible for the payment of wages and fringe
benefits, for example, in the case of long boom, or intermittent time.
xxxv. A small milling machine (up to and including 48 inch drum width) shall be manned
by one (1) engineer, and a large milling machine shall require one (1) engineer and
one (1) oiler.
xxxvi. The following pay shall be applicable for every hour an operating engineer is
required by governmental regulations, and does wear special equipment for hazmat
or any hazardous work at the below designated level:
Level “D” – $1.00 per hour above rate
Level “C” -$1.50 per hour above rate
Level “B” – $2.50 per hour above rate
Level “A” – $3.50 per hour above rate
xxxvii. An Employer shall be permitted to change an employee’s equipment assignment at
the discretion of the Business Manager or the Lead Engineer.
xxxviii. There shall be a pre-job conference on all jobs. The pre-job conference shall be held
before the start of construction.
xxxix. For projects of $500,000 or less, when equipment is working on a barge, a maximum
of two (2) operators shall cover equipment, including, but not limited to,
compressors on the barge. In the event that more than two (2) pieces of equipment
are operated on the barge, each of the two (2) operators shall receive a premium of
one (1) hour’s pay per day.
xl. The Employer shall provide protection from the weather on three sides of each piece
of equipment that is readily susceptible to such modification.
xli. Engineers shall cover all the temporary heat (defined as portable heating devices that
provide heat in designated areas); all ground heat, including boiler (defined as
portable heating devices intended to heat surfaces and area (excluding Salamanders);
and hepa negative air pressure filtering equipment (defined as machines and/or
equipment that supply negative air pressure in working areas).
xlii. Engineers shall assemble crane when working with other than iron workers and dock
builders.
xliii. Climb time – when an operator is required to climb less than one hundred (100) feet
to the cab of a mounted crane, he shall receive fifteen (15) minutes of premium pay
in the morning and fifteen (15) minutes of premium pay in the afternoon. When an
operator is required to climb one hundred (100) feet or more to the cab of a mounted
crane, he shall receive thirty (30) minutes of premium pay in the morning and thirty
(30) minutes of premium pay in the afternoon.
25
xliv. On the first tower crane and/or crane on pedestal on a job site, there shall be an
engineer and an oiler. On the second tower crane and each additional tower crane on
a job site, there shall be an engineer, oiler and maintenance man.
xlv. When work is ordinarily performed on normal shifts on a job site (i.e., eight (8:00)
a.m. to five (5:00) p.m.) and a crew, because of owner requirements is directed to
work other than a normal shift, such employee should be paid at the double time
premium rate, except for grease time, for working such off shift.
xlvi. Lights – If there are more than two (2) lights on a contract, one (1) engineer will be
assigned. If there are twenty-five (25) or more lights on a contract, then two (2)
engineers will be assigned and they will cover all lights.
C. Trucks
i. The Employer shall utilize operating engineers on off-road trucks, unless a preexisting collective bargaining agreement with the I.B.T. Local 282, AFL-CIO
already provides for the manning of off-road trucks thereby. Off-road trucks will be
classified at the rates set forth herein. Intermittent time within the context of the five
day rule shall not apply to the Off-Road Trucks. Off-road trucks will not count
towards the requirements for a lead and/or maintenance engineer.
ii. The amounts of contributions shall be as set forth in the Wage and Benefit Schedule
appended to this Agreement, except as modified herein concerning off road trucks
only. Welfare Fund (including the Supplemental Unemployment Account),
Apprenticeship Training Fund, Legal Fund, Vacation Fund, Industry Advancement
Fund, and Joint Industry Advancement Fund contributions shall be paid at the
straight time rate for straight time hours paid only. For work performed on Saturday
or Sunday, contributions to the aforementioned Funds will be paid at the straight
time rate for a maximum of eight (8) hours for each day. Pension Fund contributions
shall be paid at the straight time rate for straight time hours paid only, up to a
maximum of forty (40) hours in a work week. Annuity Fund and Vacation Fund
contributions shall be made for each hour paid at the straight time rate for straight
time hours. For overtime and premium hours paid, contributions shall be made at
the rate of time and a half. Hours worked shall include paid holiday hours and paid
vacation hours, up to a maximum of eight (8) hours per day. Payment on behalf of
an employee covered by this Agreement for Dues- Checkoff (as required by Article
IX of this Agreement), for the DOPS Fund and for voluntary Political Action
Contributions (“PAC”) shall be at the straight time rate for straight time hours paid
only.
SUBDIVISION B
SHOPMEN
A. Wages. Attached hereto is Schedule A, which schedule is made a part of this
26
Agreement. Said Schedule sets forth the wage rate of the various classifications of employees.
B. Conditions

i.	Shopmen are not permitted to do repair work on the job, without the consent of the Union. The holidays to be observed and considered paid holidays under this Agreement
ii.

shall be as follows: NEW YEAR’S DAY, LINCOLN’S BIRTHDAY,
PRESIDENT’S DAY, MEMORIAL DAY, GOOD FRIDAY, INDEPENDENCE
DAY, LABOR DAY, THANKSGIVING DAY, VETERANS DAY and
CHRISTMAS DAY or days celebrated as such. Engineers, maintenance engineers,
firemen, junior engineers and oilers ordered to report to work on such days shall not
receive less than double time. If the designated holiday falls on a Saturday, it will
be celebrated on the preceding Friday provided, however, employees who work on
such day will be paid at the rate of double time. If the designated holiday falls on a
Sunday, it will be celebrated on the succeeding Monday. Shopmen working on
SATURDAYS shall be paid the rate of time and one- half; however, shopmen
working on SUNDAYS and HOLIDAYS shall be paid at the rate of double time.
Upon twenty-four (24) hours’ notice to an Employee, an Employer may designate
Election Day as a non-working, unpaid holiday.

iii.	Holiday pay is defined as follows: An employee must be employed on the day before the holiday and the day after the holiday to receive pay for the holiday, if not working
on the holiday. (1)	If an employee works intermittently or is employed in a

calendar week in which a holiday falls, but does not work the holiday, he shall
receive two (2) hours pay extra per day, but not to exceed eight (8) hours pay for
holiday compensation.

iv.	It is hereby agreed that whenever mechanics and helpers are employed in the shop, they shall not interfere with the engineers, junior engineers, firemen, maintenance

men or oilers, who may be selected by the Employer to do repair work on any
machine in the shop.
v. A week shall start at 12:01 a.m. on Monday and end at 12:00 midnight Friday. All
work performed over the eight (8) hour day in a forty (40) hour week and all
Saturdays shall be paid for at the rate of time and one-half. A workday shall be eight
(8) hours.
vi. Eight (8) hours shall constitute a day’s work, to start at eight (8:00) a.m. and end at
five (5:00) p.m. with one (1) unpaid hour for lunch. A flexible start time between
seven (7:00) a.m. and eight (8:00) a.m. shall be allowed. The Employer shall have
the right to schedule lunch such that lunch begins at any time after four (4) hours
worked and is completed before five (5) hours into the shift. Lunch may be changed
by mutual consent to one-half (½) hour, and quitting time would then be adjusted
accordingly.
27

vii.	Where shift work is necessary for mechanics in the shop, the second and third shift shall receive incentive pay in the amount of ten (10%) percent additional over the rate for such night work. The contractor shall supply tools over three-quarter (3/4”) drive sockets, one and one-quarter (1-1/4”) open-end wrenches and any other special tools. The contractor shall have insurance to protect against the loss of tools stolen from
viii.
ix.

the Engineer, while in the employ of the contractor and while said tools are kept on
the contractor’s premises.
x. All employees shall supply the Employer with an inventory list of all his tools used
in the Shop.
SUBDIVISION C
BUILDING CONSTRUCTION DIVISION
A. Wages. Attached hereto is Schedule A, which is made part of this Agreement. Said
Schedule sets forth the wage rate of the various classifications of employees
B. Conditions
i. Engineers, while at work, shall be protected by their Employer from falling objects
and shall be given protection from the weather on three (3) sides when working with
building tradesmen.

ii.	Lead Engineers shall operate a machine in emergencies only and then only until such time as the services of an operating engineer can be obtained. Whenever an engineer, fireman or apprentice engineer is employed intermittently to operate a machine, he shall do such other work during the period when his machine cannot operate, as may be determined by the Lead Engineer. Engineers employed on equipment that requires grease time, as noted in the attached
iii.
iv.

wage schedules, shall report to work one-half (1/2) hour before the regular starting
time for greasing and shall be paid for such greasing at 1 ½ times the applicable
straight-time rate for one-half hour. The grease time benefit rate will be a grease
time stamp in the amount of $13.15. There shall be no increase in the grease time
benefit stamp for the term of this Agreement. Greasing may occur at any time of the
day, in the Employer’s discretion. Employees who grease equipment at the
beginning of the day shall begin working as soon as greasing is finished. There shall
be no grease time on governmental (state, county and municipal) jobs with restricted
work hours written into the specifications.
v. Crews employed on all steam shovels and steam rigs shall report for work one (1)
hour before the regular starting time to raise steam and grease engines, et cetera, and
shall be paid for such greasing at the rate of double time for this hour.
1. Where a vibratory hammer is being used for driving plies or sheeting and the
controls are operated by the engineer on the crane and, the generator or
28
compressor is mounted on the crane or rig, the engineer shall receive one (1)
hours pay payable at premium time, per day, in addition to the rates listed.
In addition, the oiler shall be paid the appropriate rate of pay. If the console
is operated on the ground level, separate from the crane or rig, then the
console will be operated by an engineer, in addition to the crew and generator
or compressor operator.
2. Crews shall be employed on the Maxim or CMI when used as paver or for
fine grade work. When a Maxim or CMI unit is used as the second machine,
it shall be manned by one (1) engineer and two (2) oilers.
3. On front end loaders with bucket capacity of ten (10) yards and over, the
operator shall receive twenty-five (25¢) cents per hour over the rate.

vi.	Operators shall be not required on the first piece of the following two (2) pieces working on a job: small generator, small pumps (three (3) inches and under). Junior engineers or oilers shall be employed on all gasoline, electric, oil or air
vii.

operated shovels, draglines, backhoes (150,000 pounds or more), keystones, truck
cranes, asphalt-spreading machines, cranes, road paving machines and concrete
pumps, mobile or piston type, multi-conveyors, crane cars twenty (20) tons and over,
crane cars truck mounted, and all truck mounted booms, and their duties shall be to
assist the engineer in oiling and greasing and repairing of all machinery and giving
signals whenever necessary. Oilers shall not be required on:
1. Rough Terrain Cherrypicker up to and including seventy (70) tons;
2. Hydraulic cranes and cherrypickers, 75 tons
3. Hydraulic cranes and cherrypickers, less than 75 tons
4. Crawler Backhoe, up to and including 150,000 lbs.
(j-1) Oilers on truck cranes with boom lengths of 100 ft. and over shall receive twentyfive (25¢) cents additional over rates listed.
viii. Wellpoints:
(1) Four (4) pumps in battery.
(2) One (1) engineer for each shift.
(3) Installation of conventional wellpoint systems will require a minimum of a four
(4) man crew – three (3) men and one (1) foreman to install and dismantle.
(4) On turbine pump systems, the number of men to install and dismantle shall be
determined by the size of the pipe.
(5) Engineers will be employed on each system necessary for jacking pits that cross
railroad tracks, limited access highways, parkways, expressways and turnpikes.
(6) It shall be left to the discretion of the Business Manager, to determine when four
(4) six (6) hour shifts, are necessary on pump systems working seven (7) days a
29
week due to a shortage of work.
(7) Installation of submersible pumps – shall require use of a four (4) man crew –
consisting of three (3) men and one (1) foreman in installation gang.
(8) Where a rotary drill is used solely for the installation of well casings in a well
system, there shall be a working crew of four (4) men – two (2) maintenance
men, one (1) oiler and one (1) engineer driller.
ix. The Holidays to be observed and considered paid Holidays under this Agreement
shall be as follows: NEW YEAR’S DAY, PRESIDENT’S DAY, MEMORIAL
DAY, INDEPENDENCE DAY, LABOR DAY, VETERAN’S DAY,
THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, and
CHRISTMAS DAY or days celebrated as such. All work performed on such days
and all Saturdays and Sundays shall be paid at the rate of double time. If the
designated holiday falls on a Saturday, it will be celebrated on the preceding Friday
provided, however, employees who work on such day will be paid at the rate of
double time. If the designated holiday falls on a Sunday, it will be celebrated on the
succeeding Monday. Engineers, maintenance engineers, junior engineers, firemen
and oilers ordered to report for work on such days shall not receive less than two (2)
days’ pay. Upon twenty-four (24) hours’ notice to an Employee, an Employer may
designate Election Day as a non-working, unpaid Holiday.
1. Holiday pay is defined as follows: An employee must be employed on the
day before the holiday and the day after the holiday to receive pay for the
holiday, if not working on the holiday.
2. If the employee works intermittently in a calendar week in which a holiday
falls, he shall receive two (2) hours pay extra per day, but not to exceed eight
(8) hours pay for the holiday compensation.
x. The engineer’s week begins on the day when he reports to work.
xi. Any part of the one-half (1/2) hour overtime ,constitutes one (1) hour and shall be
computed at the double time rate (one (1) hour’s pay and applicable fringe benefits).
xii. It is agreed that shift work shall be governed by the following rules. On jobs where
there is more than one (1) shift and a relief engineer has not been ordered to work,
the following shift or any part thereof shall be paid at the rate of double time, but if
the relief engineer fails to report for work, then the member on duty at any time shall
continue to work out the next shift and the rate shall be single time. It is also agreed
that where two (2) or three (3) shifts are employed, that a shift will be made every
two (2) weeks, changing the day shift to the night shift between the members of the
Union.
1. On one (1) shift when working through lunch from eight (8:00) a.m. to fourthirty (4:30) p.m., the operator shall receive one-half (1/2) hour at the double
time rate and fringe benefits. This shall be the primary shift. Any work
performed on other than an eight (8:00) a.m. to four-thirty (4:30) p.m. shift
30
(“day shift”), where there is no day shift, shall be paid for at the double time
rate. This shall not apply to New York State DOT or other governmentalmandated night work.
xiii. On a two (2) shift job, an engineer, junior engineer, fireman or oiler shall be subject
to the time allotted for lunch in accordance with the custom of the trade with which
he is then working.
xiv. When three (3) shifts are employed, each shift shall work seven and one-half (7-1/2)
hours, but will be paid for eight (8) hours, one-half (1/2) hour being allowed for meal
time except that engineers employed in power plants will partake of their meals
during the eight (8) hour shift.
xv. It is agreed that on Saturday, Sunday or a holiday, if an engineer is notified and
reports for work, regardless of whether or not his services are needed, he shall
receive two (2) days’ pay. In case an engineer is not ordered out on a Saturday,
Sunday, or a holiday, and his engine or machine is operated by another engineer, he,
as well as the man who operated the engine or machine, shall be paid for two (2)
days pay. It is further agreed that these conditions for Saturday, Sunday and holiday
work shall also apply to junior engineers, maintenance engineers, firemen and oilers.
xvi. It is agreed that engineers and firemen ordered out to do repair work and wash out
boilers on a Saturday, Sunday or a holiday, shall receive two (2) days pay. It is also
agreed that an engineer shall not be requested to work with other than a junior
engineer, fireman or oiler on the machines or engines he operates.
xvii. On jobs where a Lead Engineer is not employed, repairs shall be done by the crew
on their own machines.
xviii. The Union agrees that its members shall not leave a job without providing a capable
substitute.
xix. It is optional with the Employer whether or not the employee shall be hired at a
straight weekly rate, or on a three (3) day minimum, and if so employed on a three
(3) day minimum, then if the employee works four (4) days, he shall be paid for five
(5) days working with building tradesmen. (This clause, however, shall apply to hod
hoist or any machine replacing the hod hoist and handling building materials only).
1. Multi-Hoisting-Hod Hoist: When an Employer directs an engineer to hoist any
material other than his or his subcontractors, said engineers rate shall be paid at
multi- hoisting rate. Same conditions shall prevail for multi-hoisting as prevail
for hod hoist.
xx. Maintenance Engineers shall be employed to do all temporary pipe fitting, repairing
and maintaining of all equipment under the supervision of the Lead Engineer.
1. Multi small equipment operator shall cover any combination of four (4) pieces
of equipment, such as small generator, vibrator, bending machine, small pump
up to three (3) inches.
xxi. When a total of five (5) or more Operating Engineers, who are under the jurisdiction
31
of Local 138, are employed by a Contractor, or any combination of Contractors on
the same job, the Business Manager shall appoint one of these Operating Engineers
to also serve as the Lead Engineer. The word “job” as used herein means a site and/or
portion thereof upon which a planned improvement will be constructed.
1. All engineers employed either by the General or Prime Contractor, Owner,
Builder, Owner-Builder, Construction Manager, any of its representatives,
any of its subcontractors, or engineers employed to operate equipment used,
rented or otherwise by any of the Employers shall be counted towards the
employment of Lead Engineers by the Prime or General Contractor, Owner,
Builder, Owner-Builder, Construction Manager or any of its representatives.
2. The equipment that will not count towards having a Lead Engineer on the
job shall include the following:
Multi small equipment operator Oilers
Dual manned Equipment-only operator counts Small generators
Small pumps Scissor lifts
Spray fire proofing Off-Road Trucks
Lead Engineer will cover temporary heat during the day shift (regular working day)
Monday through Friday (one (1) two (2) or three (3) shifts). The second and/or third
shift Monday through Friday will be covered by employees dispatched by the Union.
Where four (4) shifts are involved in a seven (7) day per week basis, all shifts will
be covered by employees dispatched by the Union and in accordance with the
provisions of Article XVII, Subdivision C (Building Construction Division) Section
xxi(3) of this Agreement.
However, the Lead Engineer shall not replace an engineer already assigned to
temporary heat.
If no temporary heat, the Lead Engineer must operate first piece of the following
equipment:
Small generator
Small pump
Scissor lift
Spray fire proofing
The initial condition for the employment of a Lead Engineer must be met for three
(3) days in a calendar week. The Lead Engineer shall continue to be employed so
long as the minimum manning requirements (four (4) employees) are met.
The Lead Engineer will receive overtime if two (2) or more engineers are working
overtime or when a crane is working overtime.
3. A week shall start at 12:01 a.m. on Monday and end at 12:00 midnight on
Friday. All work performed over the eight (8) hour day in a forty (40) hour
32
week shall be paid for at the rate of double time. A workday shall be eight
(8) hours.
4. Eight (8) hours shall constitute a day’s work to start at eight (8:00) a.m. and
end at five (5:00) p.m. with one (1) unpaid hour for lunch. A flexible start
between seven (7:00) a.m. and eight (8:00) a.m. shall be allowed. Starts shall
be by equipment not the job. The Employer shall have the right to schedule
lunch such that lunch begins at any time after four (4) hours worked, and is
completed before five (5) hours into the shift. If lunch is changed by mutual
consent to one-half (1/2) hour, quitting time would then be adjusted
accordingly. When employed on brick masonry on request, the engineer shall
start ten (10) minutes before eight (8:00) a.m. and may quit ten (10) minutes
before quitting time.
5. On cranes using clam shell buckets, the engineer shall receive twenty-five
(25¢) cents per hour additional over the listed rates.
Truck and crawler cranes having long boom lengths and crane cars and boom
trucks including cherry-pickers shall be governed by the following and shall
be paid to the engineer over the scheduled rates, per hour in addition to the
rate listed:
6. It is hereby agreed that where boilers and/or furnaces are used for furnishing
temporary heat, in buildings under construction, or where temporary boilers
are installed outside the building under construction, whether they be high
or low pressure, shall be operated by an engineer.
7. It is hereby agreed that where portable mechanical heaters are used for
furnishing temporary heat, one (1) Engineer shall be used in the operation of
one (1) to fifteen (15) such heaters. Every multiple of five (5) heaters or part
thereof shall require one (1) engineer, additional. Engineers shall not be
employed to operate electric heaters of any description.
8. Engineers employed on a continuous seven (7) day basis on temporary heat,
shall operate on shifts of six (6) hours each, four (4) shifts, starting at twelve
(12) o’clock midnight. All overtime (over forty (40) hour week) shall be paid
at the rate of time and one-half, except holidays, which shall be paid at
double-time rate.
9. A maintenance engineer shall be employed on all power buggies, when more
than one (1) is used and shall cover up to five (5). More than five (5) shall

Boom Lengths of 100 ft.	(including jib) but less than 150 ft.	– $1.00
Boom Lengths of 150 ft.	(including jib) but less than 250 ft.	-$1.50
Boom Lengths of 250 ft.	(including jib) but less than 350 ft.	– $2.00
Boom Lengths of 350 ft.	or more (including jib) – $3.00

33
require another Maintenance Engineer.
10. In the event helicopters are employed for hoisting, transporting, setting of
construction and building equipment and/or materials, an engineer
(qualified) shall be employed, the rate of pay to be determined by the lifting
capacity.
11. On motorized scaffolds – when used for hoisting, one (1) maintenance man
will cover up to three (3) machines.
12. Whenever an employee is dispatched to an Employer, that Employer, even
if a rental outfit or vendor, shall be responsible for the payment of wages and
fringe benefits, for example, in the case of long boom, or intermittent time.
13. A small milling machine (up to an including 48 inch drum width) shall be
manned by one (1) engineer, and a large milling machine shall require one
(1) engineer and one (1) oiler.
14. The following pay shall be applicable for every hour an operating engineer
is required by government regulations and does wear special equipment for
hazmat or hazardous work at the below designated level: Level “D” – $1.00
per hour above rate Level “C” – $1.50 per hour above rate Level “B” – $2.50
per hour above rate Level “A” – $3.50 per hour above rate.
15. An Employer shall be permitted to change an employee’s equipment
assignment at the discretion of the Business Manager or the Lead Engineer.
16. There shall be a pre-job conference on all jobs. The pre-job conference shall
be held before the start of construction. This Agreement and all of its terms
and provisions are based on an effort and in the spirit to bring about more
equitable conditions in the construction industry, and the language herein
shall not be construed as evading the principles or intention of this
Agreement.
17. Signatory Employers to this Agreement having a company-wide Lead
Engineer may utilize as many pieces of equipment as may be necessary
without having a Lead Engineer assigned to the job site until such time as a
second piece of equipment is brought to the job site by another contractor
not having a company-wide Lead Engineer. At such time, a Lead Engineer
must be appointed to the job site. Such Lead Engineer shall be assigned to
said second contractor’s payroll and no payroll costs of said Lead Engineer
shall be charged to the Signatory Employer’s company having a companywide Lead Engineer. Until a Lead Engineer is assigned to the job-site, the
second man on the job shall be assigned by the Union as the Job Shop
Steward.
18. Local 138 shall cover all temporary heat and ground heat, such terms as
previously defined in this Agreement.
19. Engineers shall assemble crane when working with other than iron workers,
34
boiler makers and dock builders.
20. Climb time – when an operator is required to climb less than one hundred
(100) feet to the cab of a mounted crane, he shall receive fifteen (15) minutes
of premium pay in the morning and fifteen (15) minutes of premium pay in
the afternoon. When an operator is required to climb one hundred (100) feet
or more to the cab of a mounted crane, he shall receive thirty (30) minutes
of premium pay in the morning and thirty (30) minutes of premium pay in
the afternoon.
21. On the first tower crane and/or crane on pedestal on a job site, there shall be
an engineer and an oiler. On the second tower crane and each additional
tower crane on a job site, there shall be an engineer, oiler and maintenance
man.
22. When work is ordinarily performed on normal shifts on a job site (i.e., eight
(8:00) a.m. to five (5:00) p.m.) and a crew, because of owner requirements
is directed to work other than a normal shift, such employee shall be paid at
the double time premium rate for working such off shift.
23. (A)(1) It is agreed that the operation of House Elevators used for the hoisting
of any construction materials, equipment (including but not limited to
ladders, gang boxes, a-frames, tanks, etc.) or removal of debris in any
building or structure is the jurisdiction of the Operating Engineer. It is also
agreed that any “dual” or mixed use (construction materials, equipment,
debris, etc. and personnel), regardless of location and operation including
construction hoists and elevator cars modified to hoist construction
materials, equipment, debris, etc.) shall be operated by a single Local 138
Operating Engineer per car. When a total floor is renovated, the square
footage will be determined by the inside perimeter of the building. This
paragraph only applies where the contractor does not have control or
authority to operate the house car. In all other cases, where the house car is
used to perform work under Local 138’s jurisdiction, the Engineer shall be
employed pursuant to the terms of this Agreement.
(A)(2) All jobs shall be reported to the Union hall. All jobs require a pre- job
conference between a Union representative and a representative from the
ACCNY.
(B) Alteration Jobs over 100,000 square feet: On alteration jobs of more than
100,000 square feet (hereinafter “100,000 square feet jobs”). Alteration
Definition:
• An alteration shall be defined as a project within a building or structure
having not less than 25% occupancy rate.
• When an alteration is being performed within a building or structure
having less than a 25% occupancy rate, the “New Construction”
35
conditions will apply and the Engineer shall be employed on a full-time
weekly basis.
• When calculating, it is mutually agreed that both parties will refer to the
“Office Buildings Long Island Review” publication to determine a
projects square footage. When unavailable, the square footage will be
determined by the inside perimeter of the building.
If an elevator is dedicated to the Employer for its use in hoisting materials
prior to the start of construction, an Engineer shall be employed on a fulltime basis for the duration of hoisting of materials by the employer. If an
elevator is not so dedicated to the Employer’s use, an Engineer shall be
employed for four weeks for the first 100,000 square feet of space being
altered in settlement of Local 138’s right to have an Engineer operate the
hoist for the duration of the project, followed by two weeks for each
additional 25,000 square feet of space being altered. The Engineer will be
employed according to a schedule developed and distributed by the
Employer. He shall report to the site and be available for work and paid on
a weekly basis.
If possession of the elevator is assumed by the Employer and used for
hoisting materials, there shall be no settlement and an Engineer shall be
employed on a full time weekly basis for the duration of the hoisting of its
materials by the Employer.
If an elevator is not dedicated to the Employer’s use for hoisting materials,
but the Employer has a number of elevator cars at its disposal for hoisting
materials, an Engineer shall be employed on a full-time weekly basis and
shall be assigned to any available car.
On 100,000 square feet jobs, if the Employer has available to it an elevator
dedicated primarily for the Employer’s use in hoisting materials, even if it is
operated by in-house personnel, the Employer shall employ an Engineer and
the Engineer shall report to the site and be available for work and shall be
paid on a weekly basis.
On 100,000 square feet jobs, if the Employer gains control of an elevator for
hoisting its materials, or an Elevator is dedicated for hoisting the Employer’s
materials, an Engineer shall be employed on a full-time weekly basis for the
duration of the hoisting by the Employer.
• It is further understood that all contracts held in whole or in part by
one contractor in anyone building will be subject to this clause.
• On buildings where there is a complete renovation, the work will be
considered new construction and manned accordingly.
• On alteration Work in any 24-hour period, the first seven (7) hours
worked shall be paid at the straight time rate; and any hours worked in
36
excess of seven (7) hours shall be paid at the double time rate. This does
not apply to outside hoisting equipment. The Engineer so employed shall
perform any other work assigned by his Employer.
NEW SPACE: In occupied buildings on all jobs starting after 6/1/2009,
Local 138 represented engineers shall be compensated under the alteration
provision of the Agreement when ACCNY Members perform work in a
building on “virgin space” that has not previously been “built out”, provided
that:
1. the space on which the ACCNY member is working has been
unoccupied for at least one (1) year after the core and shell of the Building
were completed; and
2. the elevator used for transporting construction materials is not under
the control of the ACCNY member; and
3. the work being performed by the ACCNY member consists of what
is known generally as a “tenant work.”
24. Booming: No Operating Engineer shall be required when a truck-mounted
power boom is utilized to hoist drywall materials into a building on the 5th
floor and below.
25. Building Construction Division. The Employer shall be permitted to utilize
a ratio of one (1) Journeyperson to one (1) Junior Engineer (1:1) when
performing private Building Construction work provided such work is not
subject to a Project Labor Agreement and/or prevailing wage requirements.
The Junior Engineer shall be listed and paid at the “F” rate classification.
Whenever this provision permits the Employer to employ a Junior Engineer,
the Union may offer, or the Employer may request, that this obligation be
satisfied by employing an Apprentice as the second engineer. The Union
agrees to make its best effort to approve such a request by an Employer.
C. Trucks
i. The Employer shall utilize operating engineers on off-road trucks, unless a
pre-existing collective bargaining agreement with the I.B.T. Local 282, AFL-CIO
already provides for the manning of off-road trucks thereby. Off-Road Trucks will
be classified at the rates set forth herein. Intermittent time within the context of the
five day rule shall not apply to the Off-Road Trucks. Off-road trucks will not count
towards the requirements for a lead and/or maintenance engineer.
ii. The amounts of contributions shall be as set forth in the Wage and Benefit
Schedule appended to this Agreement, except as modified herein concerning off
road trucks only. Welfare Fund (including the Supplemental Unemployment
37
Account), Apprenticeship Training Fund, Legal Fund, Vacation Fund, Industry
Advancement Fund, and Joint Industry Advancement Fund contributions shall be
paid at the straight time rate for straight time hours paid only. For work performed
on Saturday or Sunday, contributions to the aforementioned Funds will be paid at
the straight time rate for a maximum of eight (8) hours for each day. Pension Fund
contributions shall be paid at the straight time rate for straight time hours paid only,
up to a maximum of forty (40) hours in a work week. Annuity Fund and Vacation
Fund contributions shall be made for each hour paid at the straight time rate for
straight time hours. For overtime and premium hours paid, contributions shall be
made at the rate of time and a half. Hours worked shall include paid holiday hours
and paid vacation hours, up to a maximum of eight (8) hours per day. Payment on
behalf of an employee covered by this Agreement for Dues- Checkoff (as required
by Article IX of this Agreement), for the DOPS Fund and for voluntary Political
Action Contributions (“PAC”) shall be at the straight time rate for straight time hours
paid only.
SUBDIVISION D
PLANT WORK AGREEMENT
The provisions of this Article XVII, Subdivision D shall apply to PLANT WORK, as
defined herein.
A. Wages
Attached hereto is SCHEDULE A, which schedule is made a part of this Agreement. Said
schedule sets forth the wage rate of the various classifications of employees.
B. Starting Times.
There shall be floating starting times in plants and sand pits between 6:00 A.M. and 8:00
A.M. on the half hour. In off-site plants and sand pits, the overtime rate for all hours worked after
eight (8) in a day and forty (40) in a workweek shall be one and one-half times (1½) the employee’s
hourly rate. In plants and sand pits, the overtime rate for Sundays and holidays will be double-time.
Pre-paid fringe benefit stamps will remain at the applicable heavy and highway overtime rate.
C. Plant Engineer.
The Plant Engineer shall cover all equipment associated with the operation, except the
payloader.
D. Flexible Work Week.
The Employer shall have the right to establish a separate crew that may be scheduled to
work on Saturday at straight-time as part of the crew’s normal work week. Such employees will
38
receive overtime for all hours worked in excess of eight (8) in one day, and forty (40) in one work
week beginning on Sunday at 12:01 AM.
E. Dock Crane Rates of Pay.
Incumbent employee(s) working in the dock crane position on the effective date of this
Agreement shall retain their current rates of pay. Employees not currently holding the dock crane
position who are hereafter assigned to that position will be paid at the A Rate.

F. (a)

Holidays. The Holidays to be observed and considered paid holidays under this Agreement

shall be as follows: NEW YEAR’S DAY, LINCOLN’S BIRTHDAY, PRESIDENT’S DAY,
GOOD FRIDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERAN’S
DAY, THANKSGIVING DAY and CHRISTMAS DAY, or days celebrated as such. All work
performed on such days shall be paid at the rate of double time. If the designated holiday falls on
a Saturday, it will be celebrated on the preceding Friday provided, however, employees who work
on such day will be paid at the rate of double time. If the designated holiday falls on a Sunday, it
will be celebrated on the succeeding Monday. Engineers, maintenance engineers, junior engineers,
firemen and oilers ordered to report for work on such days shall receive not less than two (2) days’
pay. Upon twenty-four (24) hours’ notice to an Employee, an Employer may designate Election
Day as a non-working, unpaid holiday.

(b)	Holiday pay is defined as follows: An employee must be employed on the day before
the holiday and the day after the holiday to receive pay for the holiday, if not working on the holiday. For this purpose, show-up time counts as a day employed.
(c)	If an employee works intermittently in a calendar week in which a holiday falls, but

does not work the holiday, they shall receive two (2) hours pay extra per day, but not to exceed
eight (8) hours pay for holiday compensation.
G. Percentage Increases for Plants are set forth in the attached Schedule A.
ARTICLE XVIII: SUBCONTRACTORS
The provisions of this Article shall apply to all work covered by this Agreement.
1. The terms, covenants and conditions of this Agreement shall be binding upon all
Subcontractors at the site to whom the Employer may have sublet all or part of any contract entered
into by any of the Contractors of the Employer:
2. All construction site work performed by the Contractors or Subcontractors and all
services rendered for the Contractors or Subcontractors shall be rendered in accordance with the
provisions of this Agreement and by parties to this Agreement.
3. If a Contractor, Subcontractor or Employer shall subcontract construction site work
covered by this Agreement, provision shall be made in any contract for compliance by such
Subcontractors with the full terms of this Agreement.
39
4. A Contractor, Employer or Subcontractor shall be financially responsible for all
fringe benefit contributions to any Funds provided for by this Agreement which are required to be
paid either by it, or by its Subcontractor, or the Subcontractor of its Subcontractor for work
performed on the Contractors job or projects.
5. In the event an Employer, Contractor or Subcontractor subcontracts to any
delinquent Subcontractor, as defined in the applicable Trust Agreement, the Employer, Contractor
or Subcontractor shall be liable for all accrued delinquencies.
6. Each Employer having a job within the geographic jurisdiction of Local 138, shall,
prior to the commencement of such job, furnish the names of all subcontractors employing
operating engineers on such jobs to Local 138on forms supplied by the Union before such
subcontractors start work.
7. When an Employer secures work within the Union’s jurisdiction, the Employer shall
be required to meet with the Union for the purpose of a pre-job conference at least two (2) weeks
prior to starting work on the job. The purpose of the pre-job conference shall include, but not be
limited to, determining the job specifications, identifying any Subcontractors on the job, discussing
job opportunities and the manning of the job.
8. If the Employer wishes to ascertain whether any such Subcontractor on the particular
job site is delinquent, a representative of the Employer shall contact the Union representative, in
writing, and request such advice.
9. At the request of the Employer, the Funds, or their designated representative, shall
promptly advise the Employer, in writing, as to whether any such subcontractor is in fact delinquent
in connection with their contributions to the Local Union’s benefit funds.
10. At the request of the Employer, Union or the Funds, or their designated
representative, who shall promptly advise the Employer, in writing, as to whether any such
subcontractor is in fact delinquent in connection with their contributions to the Local Union’s
benefit funds.
11. At the request of the Union or the Funds, or their designated representative, the
Employer shall make available all payroll records with respect to its subcontractors so that a
determination may be made promptly, whether the subcontractor is delinquent on the job site.
12. Prior to final payment to subcontractors on the job, the subcontractor shall provide,
and the Employer shall endorse, a lien waiver form (in a form to be acceptable by the Union), and
an accurate manpower report, to an authorized representative of the Union.
40
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by
their duly authorized representatives and affixed hereto the seals of their respective organizations
and the day and year first above written. The Association signatory acknowledges, by its
undersigned representative, that the Association has the authority to enter into this Agreement on
behalf of itself and its member employers who have provided collective bargaining designations to
the Association. The Association and its member employers further acknowledge that they shall
be bound by all the terms and conditions of this Agreement for its entire term.
FOR THE INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 138, 138A AND 138B, AFL-CIO:
______________________________________________
President, Local 138, 138A and 138B, IUOE
_______________________________________________
Recording Corresponding Secretary
Local 138, 138A and 138B, IUOE
FOR THE LONG ISLAND CONTRACTORS’ ASSOCIATION INC.:

________________________________ Name of Employer (Please Print)

____________________________ Signature of Principal

 

________________________________ Street Address of Employer

_____________________________ Print Principal’s Name and Title

 

________________________________ City, State and Zip Code

______________________________ Employer’s Social Security/ EIN

_________________________________ ______________________________
Telephone Number of Employer Worker’s Compensation Carrier
_________________________________ ______________________________
Fax Number of Employer Worker’s Compensation Policy No.
Date:
41
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by
their duly authorized representatives and affixed hereto the seals of their respective organizations
and the day and year first above written. The Association signatory acknowledges, by its
undersigned representative, that the Association has the authority to enter into this Agreement on
behalf of itself and its member employers who have provided collective bargaining designations to
the Association. The Association and its member employers further acknowledge that they shall
be bound by all the terms and conditions of this Agreement for its entire term.
FOR THE INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 138, 138A AND 138B, AFL-CIO:
______________________________________________
President, Local 138, 138A and 138B, IUOE
_______________________________________________
Recording Corresponding Secretary
Local 138, 138A and 138B, IUOE
FOR THE ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC.:

________________________________ Name of Employer (Please Print)

____________________________ Signature of Principal

 

________________________________ Street Address of Employer

_____________________________ Print Principal’s Name and Title

 

________________________________ City, State and Zip Code

______________________________ Employer’s Social Security/ EIN

 

_________________________________ Telephone Number of Employer

______________________________ Worker’s Compensation Carrier

 

_________________________________ Fax Number of Employer

______________________________ Worker’s Compensation Policy No.

Date:
42
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by
their duly authorized representatives and affixed hereto the seals of their respective organizations
and the day and year first above written.
FOR THE INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 138, 138A AND 138B, AFL-CIO:
______________________________________________
President, Local 138, 138A and 138B, IUOE
_______________________________________________
Recording Corresponding Secretary
Local 138, 138A and 138B, IUOE
FOR THE ASSOCIATION/EMPLOYER:

________________________________ Name of Employer (Please Print)

____________________________ Signature of Principal

 

________________________________ Street Address of Employer

_____________________________ Print Principal’s Name and Title

 

________________________________ City, State and Zip Code

______________________________ Employer’s Social Security/ EIN

 

_________________________________ Telephone Number of Employer

______________________________ Worker’s Compensation Carrier

 

_________________________________ Fax Number of Employer

______________________________ Worker’s Compensation Policy No.

Date:
43
SIGNATURE PAGE (INDEPENDENT EMPLOYER)
This Agreement shall be deemed to be executed when the parties hereby shall have affixed their
signatures hereto:
June 1, 2023 – May 31, 2028
The undersigned Individual Employer agrees to abide by the provisions set forth in the Agreement
between the INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 138, 138A
AND 138B, AFL-CIO (the “Union”) and the LONG ISLAND CONTRACTORS ASSOCIATION
INC. and the ASSOCIATION OF CONCRETE CONTRACTORS OF NEW YORK, INC.
(collectively the “Association”).
The undersigned Individual Employer hereby designates the Association as its bargaining agent
with the Union for any modifications to the Multi-Employer Bargaining Agreement, becomes a
party to the Multi-Employer Bargaining Agreement, and a member of the Multi-Employer Unit
represented by the Association, and designates an appoints the Association appointed trustees,
board members and committee members required by the Agreement to act on their behalf pursuant
to the Agreement, and agrees to be bound to any modifications mutually made to the MultiEmployer Bargaining Agreement by the Union and the Association.
Execution of this Agreement does not establish membership in the Association.
In the event a dispute arises between the Individual employer and the Union and the dispute cannot
be resolved, the dispute will be referred to the Joint Panel as outlined in the Agreement.
The undersigned Individual Employer shall become party to the Multi-Employer Agreement as
negotiated by the Association and the Union effective June 1, 2023, and shall continue to be
signatory to any successor Agreement thereto, unless terminated by giving written notice of
withdrawal to the Union and the Association at least sixty (60) days prior to May 31, 2028, or sixty
(60) days prior to the expiration date of any succeeding Agreements.
Firm name:
By:
Signature of Authorized Representative
Address:
□ Individual □ Corporation □ Partnership

Telephone: License/EIN Number: ____________

Date:

Date: By:
Accepted and Approved by IUOE Local 138, 138A, 138B AND 138C, AFL-CIO
44
SCHEDULE A-1
HEAVY HIGHWAY CONSTRUCTION, PLANT AND SHOP RATES
Below are the wage rates effective June 1, 2023. The monetary total wage and benefit package
increase for “AA, A, B, C, D, E & F” classifications, effective June 1st of each following year, is
three percent (3%), not compounded, and based on the total package of wages and benefits in
effect on May 31, 2023; to be allocated as directed by Local 138.
The rates shown in this schedule represent the rates of wages effective June 1, 2023 to be paid for
the listed classification from start to finish of the job, for forty (40) hours a week in accordance
with the Heavy Highway Construction, Plant, and Shop provisions of the Collective
Bargaining Agreement, effective June 1, 2023.
LOCAL 138 INTERNATIONAL UNION
OF OPERATING ENGINEERS
SCHEDULE A
Heavy & Highway
Construction
WAGE SCHEDULE:
EFFECTIVE DATE
JUNE 1, 2023 to MAY 31 2024
UNION OFFICE – (631) 694-2480 EXT. 1
WELFARE FUND – (631) 694-2140 EXT. 2
STAMP FUND – (631) 694-2478 EXT. 3
GREASE TIME RATE SINGULARLY OPERATED
MACHINES Period June 1, 2023 thru May 31, 2024
HEAVY & HIGHWAY CONSTRUCTION LOCAL
138 OPERATING ENGINEERS
WAGES

AA – CRANE RATE A – RATE B – RATE C – RATE D – RATE E – RATE

51.84 46.01 43.07 41.58 38.57 37.10

STAMP VALUE
1/2 – GT $13.15
WAGE DEDUCTION
1/2 GT
DUES 0.74
VAC. 2.00
LEGAL 0.00
PAC 0.04
DOPS 0.07
2.85
AA-Crane Rates

1-HOUR 89.45

8-HOUR 715.60

Y
OVERTIME RATES:
1/2 Hour 1-
* Items Notated with a bullet get 1/2 hour grease time on
singularly operated machines.
LOCAL 138 INTERNATIONAL UNION
OF OPERATING ENGINEERS
WAGE SCHEDULE:
JUNE 1, 2023 to MAY 31, 2024
SCHEDULE A
Heavy & Highway Construction
* Items Notated with a bullet get 1/2 hour grease time on singularly operated machines.
Regular
Time
$2.80
5.50
0.10
0.10
0.15
$8.65
Overtime
$2.80
11.00
0.00
0.10
0.15
$14.05
1/2 OT
$1.40
5.50
0.000
0.05
0.08
$7.03
DUES CHECKOFF
VACATION
LEGAL FUND
POLITICAL ACTION
DEFENSE ORG.
1/2 GT
$0.735
2.000
0.000
0.040
0.075
$2.85
3,578.00
116.29 NIGHT DIFFERENTIAL
232.58 NIGHT DIFFERENTIAL 1 HOUR OT
89.45
Hour
178.90
ABI MACHINE – (150,000lbs and over) PLUS OILER
ABI MACHINE – (149,999 lbs and UNDER when driving steel sheet piles)*
ALL CRANES / CHERRYPICKERS (UNDER 75 TONS) *
ALL CRANES / CHERRYPICKERS (OVER 75 TONS) PLUS OILER
TOWER CRANE (1st TOWER) – PLUS OILER
TOWER CRANE (2nd TOWER OR MORE) PLUS OILER PLUS
MAINTENANCE MAN
DERRICK – PLUS OILER
DRAGLINE, DREDGELINE – PLUS OILER
PILE DRIVER – PLUS OILER
Climb time for Tower Crane is as follows:
The rates shown in this schedule represent the rates of wages
effective June 1, 2023 to be paid for the listed classification from
start to finish of the job, for forty (40) hours a week in accordance
with of the Collective Bargaining Agreement effective June 1, 2023.
THE FOLLOWING AMOUNTS ARE DEDUCTED FROM WAGES
FOR EACH HOUR OF WORK AND ARE INCLUDED IN THE RATE
CLASSIFICATIONS:
A. Up to 100 ft. – 15 minutes up and down
(30 minutes overtime)
B. Over 100 ft. – 30 minutes up and down
(1 hour overtime)
WEEKLY
79.43 3,177.20
OVERTIME RATES:
1/2 Hour
1-Hour
79.43 158.86
1-HOUR 8-HOUR WEEKLY
74.36
OVERTIME RATES:

1/2 Hour 74.36

1-Hour 148.72

1-HOUR
103.26 NIGHT DIFFERENTIAL
206.52 NIGHT DIFFERENTIAL 1 HOUR
*Items Notated with a bullet get 1/2 hour grease time on
singularly operated machines
ABI MACHINE – (149,999 lbs and under when used for Auger and Drilling)*
ASPHALT SPREADER – PLUS OILER
BACKHOE CRAWLER (360 SWING) (150,000 LBS. AND OVER) PLUS OILER
BACKHOE CRAWLER *(360 SWING) (UP TO 150,000 LBS)
BARRIER MACHINE
CMI or MAXIM SPREADER CONCRETE PUMP*
DIRECTIONAL BORING *
GRADALL*
GRADER *
HOIST, 3 DRUM OR MULTI-PLATFORM
LASER SCREED *
LOADING MACHINE (BUCKET) CAP, OF 10 YDS OR OVER *
LONG LINETRUCK
MILLING MACHINE, LARGE- PLUS OILER
PIPELINE WELDER
PLANT ENGINEER *
POWER WINCH, STONE SETTING/STRUCTURAL STEEL
POWERHOUSE SCOOP, CARRY-ALL, SCRAPER IN TANDEM*
SIDEBOOM TRACTOR *
SIDEBOOM TRACTOR, USED IN TANK WORK *
SPECIAL TRACK ALIGNMENT MACHINE *
STONE SPREADER, SELF PROPELLED *
STRIPING MACHINE (LONG LINE/TRUCK MOUNTED)
TANK WORK*
TIGER CAT (ASHPALT & CONCRETE CUTTING)*
TREE GRABLE *
VERMEER ROCK CUTTER*
A-Rates
8 HOUR
635.44
BACKHOE * OTHER THAN 360 DEGREES
BELT SCRETE
BULLDOZER *
BOOM TRUCK
BORING MACHINE/AUGER
CONVEYOR, MULTI
CURB MACHINE, ASPHALT OR CONCRETE
DINKY LOCOMOTIVE
DRILL RIG FOR DOWELS
FIELD MECHANIC
FORK LIFT *
HOIST, 2 DRUM
LOADING MACHINE *
LOADING MACHINE, FRONT END *
MECHANICAL COMPACTORS, MACHINE DRAWN * MULCH
MACHINE, MACHINE-FED
POST HOLE/AUGER
POWER WINCH, OTHER THAN/STRUCTURAL STEEL PUMP,
HYDRAULIC, WITH BORING MACHINE ROLLER, ASPHALT *
SCOOP, CARRYALL, SCRAPER *
SKID LOADER/SKID STEER *
TRENCHING MACHINE *
VERMEER MACHINE *
WORKBOAT AND INSPECTION BOAT
B-Rates
594.88 2,974.40
96.67 NIGHT DIFFERENTIAL
193.34 NIGHT DIFFERENTIAL 1 HOUR OT
* Items Notated with a bullet get 1/2 hour grease time on
singularly operated machines.
1-HOUR
8-HOUR WEEKLY
71.78 574.24 2,871.20
* Items Notated with a bullet get 1/2 hour grease time on
singularly operated machines.
1-HOUR
8-HOUR WEEKLY

1-Hour 110.16

1/2 Hour 55.08

* Items Notated with a bullet get 1/2 hour grease time on
singularly operated machines.
OVERTIME RATES:
1/2 Hour 1-Hour
71.78 143.56
93.31 NIGHT DIFFERENTIAL
186.62 NIGHT DIFFERENTIAL 1 HOUR OT 55.08
OVERTIME RATES:
440.64 2,203.20
71.60 NIGHT DIFFERENTIAL
143.20 NIGHT DIFFERENTIAL 1 HOUR OT
BOILER (THERMOPLASTIC)
CONCRETE BREAKER *
CONVEYOR
CURING MACHINE
DETAIL TRUCK
FIREMAN
FORK LIFT, WALK BEHIND, POWER OPERATED * GENERATOR GRINDER
HYDRA HAMMER *
MAINTENANCE ENGINEER (SMALL EQUIPMENT) MAINTENANCE ENGINEER,
(WELL POINT)
MAINTENANCE ENGINEER, (WELDING AND BURNING) MECHANICAL,
COMPACTORS, HAND OPERATED (FORWARD AND REVERSE)
PIN PULLER
PORTABLE HEATERS
POWER BUGGIES *
PULVI MIXER*
PUMP, DOUBLE ACTION DIAPHRAGM
PUMP 4 INCH AND OVER
PUMP, HYDRAULIC
PUMP, JET
PUMP, SUBMERSIBLE
RIDGE CUTTER
SHOTBLASTER
STRIPING SUPPORT EQUIPMENT
TRENCHLESS PIPE REHAB (robotic unit operator, equipment used in the cleaning
and television of sewers, closed circuit television inspection equipment)
D-Rates
CONCRETE FINISHING
MACHINE* CONCRETE SAW
CONCRETE SPREADER
DIRT ROLLER *
HOIST, (1 DRUM)
INTERIOR HOIST
OILER TRUCK CRANE
POWER BROOM *
SMALL MILLING MACHINE *
VACTOR TRUCK
VAC-ALL
C-Rates
EQUIPMENT RATES – OTHER

1.00 Hour Additional

CRANE, BOOM LENGTHS 100 FT. (INCLUDE JIB, LESS THAN 150 FT.)

 

1.50 Hour Additional

CRANE, BOOM LENGTHS 150 FT. (INCLUDE JIB, LESS THAN 250 FT.)

 

2.00 Hour Additional

CRANE, BOOM, LENGTHS 250 FT. (INCLUDE JIB, LESS THAN 350 FT.)

3.00 Hour Additional CRANE, BOOM LENGTHS 350 FT.
E-Rates

1-HOUR 52.82	8-HOUR 422.56
1-Hour	1/2 Hour
OVERTIME RATES:

WEEKLY
2112.80

1-HOUR 49.28

8-HOUR 394.24

1,971.20
1-HOUR OT NIGHT DIFFERENTIAL
SHOP MECHANIC 69.21 138.42 89.97 98.56

MECHANIC’S HELPER 64.06	128.12	83.28 115.62
LEAD ENGINEER	88.94 177.88

64.06 NIGHT DIFFERENTIAL
Note: Items Notated with a bullet get 1/2 hour grease time on 128.12 NIGHT DIFFERENTIAL 1 HOUR OT
singularly operated machines
52.82 105.64
68.67 NIGHT DIFFERENTIAL
137.34 NIGHT DIFFERENTIAL 1 HOUR OT
OVERTIME RATES:
1/2 Hour 1-Hour
F-Rate
OFF ROAD TRUCKS
JUNIOR ENGINEER
1-HOUR
BATCHING PLANT, ON SITE OF JOB
COMPRESSOR
COMPRESSOR, STRUCTURAL STEEL
COMPRESSOR, 2 OR MORE IN BATTERY
GENERATOR, SMALL
GROUND HEATER, BOILERS
POWER GRINDER
MIXER, WITH SKIP *
MULCH MACHINE, HAND FED
OILER
PIPELINE WELDER HELPER
POWER WASHER
PUMP, UP TO 3 INCHES (second pump)
PUMP, GYPSUM
PUMP, SINGLE ACTION 1 TO 3 INCHES (second pump)
ROOT CUTTER
STUMP CHIPPER
TRACK TAMPER
TRACTOR, TRACK OR WHEEL *
TRENCHING MACHINE, HAND
WELDING MACHINE
WELDING MACHINE, PILE WORK
WELDING MACHINE, STRUCTURAL STEEL
WORK BOAT, DECKHAND
HAZARDOUS WASTE PAY DIFFERENTIAL
LEVEL A – $3.50 PER HOUR OVER MACHINE RATE
LEVEL B – $2.50 PER HOUR OVER MACHINE RAT
LEVEL C – $1.50 PER HOUR OVER MACHINE RATE
49.28
ASPHALT PLANT, SANDPIT, CONCRETE PLANT
WAGES
June 1, 2023 TO May 31, 2024

A – RATE B – RATE C – RATE D – RATE E – RATE

64.04 59.67 57.38 42.85 40.84

VALUE EFFECTIVE JUNE 1, 2023
Welfare
HRA
Unemp.
Pension
Annuity
App. Tr.
Vac.
Dues
Legal
Pac
Dops
Ind Adv
LMF
40 HR
654.00
120.00
54.00
224.00
460.00
64.00
112.00
4.00
4.00
6.00
20.00
60.00
8 HR
130.80
24.00
10.80
44.80
92.00
12.80
44.00
22.40
0.80
0.80
1.20
4.00
12.00
1 HR
16.35
3.00
1.35
5.60
11.50
1.60
5.50
2.80
0.10
0.10
0.15
0.50
1.50
1/2 HR
0.00
0.00
0.00
2.80
7.50
0.00
2.00
0.74
0.00
0.04
0.07
0.00
0.00
1 HR
0.00
6.00
0.00
5.60
23.00
0.00
11.00
2.80
0.00
0.10
0.15
0.50
1.50
1/2 HR
0.00
3.00
0.00
2.80
11.50
0.00
5.50
1.40
0.00
0.05
0.08
0.25
0.75
STRAIGHT TIME RATES GT OVERTIME RATES
* NIGHT DIFFERENTIAL (30%):
Applies to New York State D.O.T.
Jobs Required By Contract
Total 2,002.00 400.40 50.05 13.15 50.65 25.33
220.00
APPRENTICESHIP
WAGES
JUNE 1, 2023 TO MAY 31, 2024
25% NIGHT
WAGE

DIFFERENTIAL 35.00

GREASE 15.63

1ST YEAR 28.00 2ND YEAR 29.00 36.25 16.25
3RD YEAR 30.00 37.50 16.75