Agreement
Between
ANINDEPENDENT CONTRACTOR
And
LOCAL&46 METALLIC LATHERS UNION
and REINFORCING IRONWORKERS of
NEW YORK AND VICINITY of the
INTERNATIONAL ASSOCIATION of
BRIDGE, STRUCTURAL, ORNAMENTAL
And REINFORCING IRONWORKERS
Hereinafter referred to as the “Union”
PREAMBLE
WHEREAS, the Employer and the Union on February 20, 1918, entered into an agreement setting forth the
conditions of employment, rates of pay, and hours of work to be observed between the parties; and
WHEREAS, said agreement has continued uninterruptedly,subject to amendatory changes from time to time with
respectto rates of pay and hours on employment; and
WHEREAS, the parties now desire to again supplement and amend the agreement of February 20, 1918, with respect,
among other things, to rates ofpay forthe period commencing July 1,2024, and terminating June 30, 2028.
Now, therefore, in consideration of the foregoing, it is mutually agreed as follows:
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ARTICLE I
TERRITORY COVERED
This Agreement shall apply on all buildings and construction work and all work within its terms in all of the Boroughs
of New York City, Nassau and Suffolk Counties, Long Island, New York, Westchester County, New York and the
Southern Section of Rockland County, New York, provided that the Market Recovery Provisions of Article X of this
Agreement shall be limited to residential, privatesector foundation, and privatesectorsuperstructure work.
ARTICLE II
RECOGNITION AND UNION SECURITY
L. The Employer recognizes the Union as the sole and exclusive bargaining representativefor all Lathers in its
employ, including Foreperson, Journeyperson, Apprentices and Trainees.
2. All employees covered by this agreement who are not members in good standing of the Union shall be
required to become and remain members in good standing of the Union, as a condition of continued
employment, on or after the seventh day following the effective date of this agreement, whichever is later. All
employees who are members of the Union shall be required to remain members in good standing as a
condition of continued employment. If the Union elects not to accept any individual into membership in the
Union and elects not to require the payment from such individual of the Union’s uniform initiation fee and
periodic dues, such individual shall be required to pay the Union a uniform and periodic service fee
representing the individual’s share of the cost of the Union’s operation of the Hiring Hall. If any individual
fails to comply with the Union security requirements of this Article, the Employer shall discharge such
individual after the Employer is advised of such failure by the Union, by formal written notification.
3. This shall be aguaranteed contract; all parties shall live it up to.
4. The Employer and the Union agree that this Collective Bargaining Agreement shall be considered to be a
Section 9(a) Agreement. The Employer recognizes the Union as the exclusive majority representative to all
employees covered by this Agreement in the Bargaining unit set forth therein pursuant to Section 9(a) of the
Labor Management Relations Act.
5. If the Employer engages in any class of work not embodied in Building and Construction work, both parties
shall comply with all Union conditions then existing in that class of work.
ARTICLE III
WORK COVERED
The Employer agrees that the work set forth in this Article III falls within the Union’s exclusive jurisdiction and is
covered by this Agreement. The Employer further agrees that the work described in all the paragraphs of this
Article III shall be contracted for the Employer and shall be assigned to and performed by Journeyperson Lathers
represented by the Union. The Employer further agrees that the performance of the work defined and referred to
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in this Article In by Journeyperson Lathers shall be a term and condition of employment under this Collective
Bargaining Agreement.
All reinforcing and post-tension hardware and cables shall be handled and installed by Lathers covered by this
Agreement, i.e. (rebar, high strength steel, wire mesh, post tension, threaded bars, couplers, caissons, plugs,
spiral cages, reinforced panels, form savers, etc.) This shall include all work and material specified by PTI (Post
Tension Institute) for the proper installation of all post tension systems. Any reinforcing related material or
devices used in conjunction with any phase of reinforcing concrete shall be exclusively handled and installed by
Lathers covered by this Collective Bargaining Agreement. In addition, all brushing, painting or any job site
preparations of the concrete reinforcing and all splicing and coupling devices shall be done by Lathers covered
by this Agreement.
This Agreement shall apply on the laying and setting of iron and steel mesh used in fireproof construction, on the
cutting and bending of all iron and steel and metal and wire lath or mesh, or sheets for floor arches, and on making
of hangers, clips and stirrups; on the fabrication and assembling of all columns, beams and girders of metal or wire
lath, iron or steel; on the cutting, bending and setting of all iron and steel and of metal or wire lath or mesh used in
construction of reinforced concrete; on cad welding in all phases such as preheating and grinding or rebars, field
pre-stressing and field post tensioning in all its systems and phases. The foregoing provision shall also apply to
fiberglass or any other material, when used in the reinforcement of concrete in conjunction with, or in place of any
of the aforesaid mentioned materials. When frames of reinforcing steel, iron or metal lath, or wire lath, or mesh,
are made and assembled at the shop by heating processes that cannot be made on the job, solely Journeyperson
Lathers shall handle the same after arriving at the building. Journeyperson Lathers shall make the final and flush
cut on all systems except G-lock.
The Employer and Union agree to form a committee empowered to make and implement a joint action plan for
dealing with precast concrete.
In addition, the following work shall be under the jurisdiction of Local 46:
I. The cutting assembly, installation and or erection by any and all methods, of all metal furring,
framing, bracketing, studding, etc. connected with the construction or installation of the following
types of work:
• Metal Lath and Plaster Ceilings
• Gypsum Lath and Plaster Ceilings
• All Iron,Furring and Gypsum Lath construction
• Acoustic Ceilings and Iron Furring in connection with same
• Molded Cornice Work
• False and Furred Beams
• Wall, Plaster or Column Furring
• Steel Fireproofing
• Hangers and Inserts for all Ceilings
• Setting Frames to Receive Recessed Lights
And any and all other types of work involving the use of metal framing and all furring of any and all types, for
attaching and/or applying a plastic or precast material, or a base thereof. All isolators or insulation material in
connection with all types of furring and lathing, or any materials that take the place of it.
The installation of any and all work in the erection of veneer plaster ceiling systems, soffits and fascias. This work
will include the metal track, any or all studding, inserts, hangers and carriers, or furring channels which receive boards
or lath and is covered by any type of veneer plaster regardless of how plaster substance is applied.
2. The attaching, installation, andzor erection, by any and all methods of all metal lath or mesh, gypsum
lath, plaster board, or any type of baseto which plastic or precast material is to be applied or attached.
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3. The assembly, attaching, installation, and/or erection by any and all methods, of all metal beads,
screeds, grounds, moldings, plaster stop and casing beads, comer guards, partition ends, casings, base,
or any other metal specialty of any description intended to establish a finished line for a plastic
material.
4. The assembly, attaching, installation, and/or erection by any and all methods of any and all work
incidental to, or directly related to the contents of the foregoing subdivisions 1, 2, and 3 of this article.
The foregoing includes the work of unloading, carrying, hoisting materials and building scaffolds on
the jobsites.
5. The cutting, bending, fabrication, installation, construction and erection of all hangers and carriers
(purlins) used in the construction of all ceiling system, suspended or not, including all acoustical and
drywall fascias and soffits.
6. The fabrication and installation of all the components in the assembly, erection and construction of
wire lath walls, ceilings and partitions.
7. The fabrication and installation of all of the components involved in the assembly, erection and
construction of rock lathwalls and ceilings.
8. The fabrication and installation of all of the components involved in the assembly, erection and
construction ofall veneer coat fascias, soffits and ceilings.
9. The fabrication and installation of all of the components involved in the assembly, erection and
construction of all suspended ceilings.
1 0. The installation of any and all types of isolators used in conjunction with any type of ceiling system.
1 1 . Frames of reinforcing steel, or units made of iron, metal lath, wire lath or mesh, which have been
made and assembled before arriving at the job. shall be handled after arrival at the job solely by
employees covered by this Agreement.
12. Each employee covered by this Agreement shall possess all the tools necessary for the proper
performance of the work which he or she is called upon to do, excepting machines, cutters, punchers,
vises, lasers, water levels, hard hats, reels and belts.
13. The Union agrees that there shall be no restrictions of the use of machinery, tools, appliances or
methods. Forepersons, Joumeypersons, and Apprentices shall operate and maintain all machinery,
tools and appliances used by them in their work; including, but not limited to, diameter discs, cutting
blades, punches and air and gas valves and welding equipment.
14. Compensation for the theft of tools must be submitted to and settled by the Trade Board provided for
in this Agreement.
15. It is agreed that shanties, or lockers, will be provided at the job site so that employees may change
their clothes and store clothes and tools. Theshanties shall be provided with heat and electric light.
16. The Employer agrees that it will endeavor to purchase accessories from shops that employ Lathers,
providing it is competitive with market prices of other suppliers.
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17. The Employer agrees to endeavor to purchase reinforcing steel from a supplier that has a current
Collective Bargaining Agreement with Local 46.
18. The Employer agrees that the Employee shall not be required toset up any time keeping device except
during the normal working day.
19. Where post tension work is included in segmental ironwork, or precast concrete, the contractor and
Local 46 will meet to determine a fair and equitable composite crew for trades at the site.
The Employer agrees that all of the above referenced work is work falling within the traditional jurisdiction of
employees represented by the Union and such work will be assigned to and performed by Joumeyperson Lathers
represented by the Union.
The Employer further agrees that the work set forth hereinafter is covered by this Agreement, and that such work shall
be contracted for by the Employer and assigned to and performed by Joumeyperson Lathers and that such
contracting, and such assignment shall be a term and condition of employment under this Agreement.
ARTICLE IV
STANDARD WORKDAY
(I) The workday shall be seven (7) hours or eight (8:00) hours to be determined at the beginning of each job.
The normal working days shall be Monday to Friday, inclusive.
(II) The workday shall be seven (7) or eight (8) hours at the straight time hourly rate. The Employer must
notify the union two (2) days prior to start of the changes in hours worked per day and it shall be for five
(5) consecutive working days. The Employer will notify the union in writing (example: letter, email, etc.)
prior to changing the workday hours. Lunch shall be taken between eleven thirty (11:30) A.M. and one
(1:00) P.M., but no later than five (5) hours after the commencement of work. The normal working days
shall be Monday to Friday, inclusive.
(Ill) Flextime: An Employer may start all of his Lathers at either 7:00 am or 8:00 am and work a seven (7) or
eight (8) hour day and they shall be paid seven (7) hours or eight (8) at the straight time rate. Lunch shall be
one half (1/2) hour and shall be taken no later than five (5) hours from the start of work on each occasion of
change in starting time. The Employer must notify the Union two (2) days prior to the start of flextime and
it shall be for five (5) consecutive days for a total of seven (7) days.
(IV) Shift Work: Second (2nd) or Third (3rd) shift jobs, the first shift is paid at the straight time hourly rate, with
no differential to be paid. On the second and or third shift, the differential will remain twelve dollars ($12) per
hour for the first seven (7) or eight (8) hours if worked. There will be no pyramiding on overtime worked on
the second and third shifts. The time and one half (1.5x) rate will be against the base wage rate, Vacation and
Annuity Fund, not the differential.
(V) Off Shift: An Employer may work an off-shift. An off-shift is defined as any non-standard single shift project.
The wage for the first seven (7) or eight (8) hours of the off-shift shall be paid at the straight time rate plus
twelve dollars ($12) per hour. Fringe Benefits contributions for the first seven (7) or eight (8) hours shall be
paid at the straight time rate. There shall be no pyramiding on overtime worked for an off shift. All hours after
seven (7) or eight (8) hours for an off-hour start or seven (7) or eight (8) hours for a second (2nd) or third (3rd)
shift job or on Saturday shall be paid at the time and one-half rate for wages. Fringe benefits are to be paid on
hours worked, except for the annuity and vacation fund, which will be paid on hours, paid.
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(VI) When a shift is worked during a holiday or on Sunday, the wage shall be paid at double time (2x). Fringe
benefits are to be paid on hours worked, except for the annuity and vacation fund, which will be paid on
hours, paid.
(VII) Tide Work: On tide work, the Contractor can start their job according to tide schedules providing the
eight-hour shifts starts and ends between the hours of 5:00 AM and 6:30 PM. Lather cannot work more
than eight (8) hours in a 24-hour period unless it is determined to be overtime.
ARTICLE V
WAGES AND FRINGE BENEFITS
(I) Wages: The following increases in wage rates or fringe benefits will be effective for Forepersons,
Joumeypersons, Apprentices, and Trainees on the following dates with the understanding that the Union
shall have the right to allocate to fringe benefit contributions any portion of the amount set forth below on
the dates set forth below. Any amount so allocated by the Union to fringe benefit contributions shall not be
considered to be wage increases due to employees and shall not be considered to be a reduction in wages.
Provided, however, that the right of allocation shall be that of the Union and any determination by the Union
that an amount shall be allocated to fringe benefit contributions shall not constitute said amount as any
wage increase. The amount so allocated shall not be considered wages and shall not be considered as part of
the income of employees. The Union shall also have the right to determine that any portion of such wage
increase may be used to increase the amount of the dues check off. It shall be noted that Erisa requires the
Trustees to allocate or re-allocate monies to Funds when they ascertain that a particular Fund or Funds are
deficient or under funded.
Effective July 1 , 2024
Effective July 1, 2025
Effective July 1, 2026
Effective July 1, 2027
$2.00 per hour to be allocated by the Local 46 membership.
$1.69 per hour to be allocated by the Local 46 membership.
$2.00 per hour to be allocated by the Local 46 membership.
$2.00 per hour to be allocated by the Local 46 membership.
The hourly wage and benefit rate for all new incoming Local Apprentices shall be:
a) First Year Apprentices
b) Second year Apprentices
c) Third Year Apprentices
d) Fourth Year Apprentices
$40.95 per hr. starting July 1, 2024
$43.45 per hr. starting July 1, 2025
$45.45 per hr. starting July 1, 2026
$47.45 per hr. starting July 1, 2027
Overtime work is paid at time and one half (I’A) on overtime wages, Vacation Fund, and the Annuity Fund
contributions. The exception shall be Sunday, all Legal Holidays and after ten (10) consecutive hours worked when
double time (2x) shall be paid on wages, Vacation Fund, and the Annuity Fund.
For jobs that are not Market Recovery Jobs, Apprentice ratios shall constitute 1 out of 4 Journeymen on the jobsite, in
accordance with the appropriate provisions of the Ironworkers International Constitution.
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EMPLOYER TRUST FUNDS
CONTRIBUTIONS FOR APPRENTICESS
JULY 1, 2024 to JUNE 30, 2028
Local 46 shall determine increases for Apprentices in the period’s effective July 1, 2024 to effective July 30,
2028, to Employer Trust Funds Fringe Benefits. The Local 46 Apprentice Program and the apprentices are solely
responsible to provide the Employer with documentation confirming their status in the apprentice program and the
hours currently worked as an apprentice.
The parties agree that the Joint Apprentice Committee shall provide training to Journeyperson Lathers and Apprentices
in the classification of Detailing. When the Journeyperson Lathers become competent in this classification the
Employer may hire all such detailers from the Union’s Hiring Hall in accordance with the terms of this Agreement.
The Employer agrees that, pursuant to written authorization from an Apprentice Lather, it will check off from the
wages of Apprentice Lathers union dues in an amount uniformly determine by the Union. Such amounts will be
transmitted in accordance with the usual practice.
The Union will teach in its Apprentice School the need for hard hats and a safe work environment.
Commencing July 1, 1987 every Employer covered by this Agreement shall contribute one cent (S.01) per hour for
every hour worked by the Employees to “The New York Plan for Construction Industry” (NYPCI). Each Employer
shall be bound by all the terms and conditions of the Agreement and Declaration Trust establishing the NYPCI and by
all the By-Laws adopted to regulate said Fund. Commencing July 1, 2020 every Employer covered by this Agreement
shall contribute one cent (S.01) per hour for every hour worked by the Employees to the Building Trades Employers
Association Promotion Fund (BTEAPF). Each Employer shall be bound by all the terms and conditions of the
Agreement and Declaration Trust establishing the BTEAPF and by all the By-Laws adopted to regulate said Fund.
The Trustees of said Funds shall secure the approval of the Treasury Department under the applicable provision of the
Internal Revenue Code and shall amend the same, if necessary, tosecure such approval so as to qualify the Employer
contributions as deductions for federal income tax purposes. All Employer contributions to the NYPCI and the
BTEAPF shall be remitted monthly to the office of the Metallic Lathers Trust Fund. The office of the Metallic Lathers
Trust Fund shall deliver all such contributions to the NYPCI and the Employer has correctly computed the BTEAPF
respectively verifying the amount of each such contribution. The office of the Metallic Lathers Trust Fund shall advise
the Union and the Trustees of the NYPCI and the BTEAPF respectively whenever an Employer shall be in default in the
payment of contributions due the NYPCI and the BTEAPF respectively under this Agreement.
The Labor Management Cooperative Trust (LMCT) shall pursue the promotion of our industries and all other
activities, which will grow our industly and help us to combat the non-union.
Commencing July 1, 2024 all Employers covered by this Agreement shall contribute twenty (S.20) cents for each hour
worked by or paid to Metallic Lathers Promotion Fund (MLPF) and three cents ($.03) for each hour worked by or
paid to Metallic Lathers Advancement Fund (MLAF) to the Metal Lathers Trust Fund at 61-02 32nd Avenue,
Woodside, New York, 11377. All Employers contributions to MLPF and MLAF shall be remitted to the office of the
Metal Lathers Local 46 Trust Fund. The Fund shall provide the Employer with payroll reporting forms for such
purpose. The office ofthe Fund shall deliver all such contributions to MLPF and the MLAF after verify ing that such
amount of each such contribution has been correctly computed by the Employer. MLPF and the MLAF shall
reimburse the Metal Lathers Local 46 Trust Fund for all expenses incurred in receiving, recording, auditing, etc. in
connection with the receipt and transmittal of these contributions.
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(I) A Local 46 foreperson shall work on every job. It is agreed that a single Journeyperson Lather can be
employed for preliminary work, in which case he or she shall be paid foreperson’s wages, which shall be
$3.00 per hour above the Joumeyperson’s rate. All forepersons shall receive S3.00 per hour above the
Journeyperson’s rate. In order for the foreperson to receive the straight payroll week’s salary, he must be
or she must be employed from his or her hiring for three (3) consecutive payroll weeks beforequalifying
for the straight payroll weeks salary but from the first day, he or she shall be paid holidays and for
inclement weather days. Such preliminary employment, however, shall not restrict the Employer’s rights
to bring in another foreperson at a later date.
If the Employer requests that his employees work on Saturday or a Holiday and due to inclement weather
conditions they are unable to work, the foreperson shall be paid time and one-half (l-‘A) for all wages,
Vacation Fund and Annuity Fund for Saturday and double (2x) time for all wages, Vacation Fund, and
the Annuity Fund for Sundays and Holidays.
The Union shall have the right to designate a Shop Steward on each job.
(2) The Employer shall have the right to pay employees by check, provided that checks shall be delivered to
employees no later than two (2) days after the end of the work week, as defined hereafter, and provided
further that the Employer has complied with the bonding provisions of this Agreement.
If an Employer issues a check to an employee and the check is returned for insufficient funds or negligence on the
part of the Employer, exclusive of bank error, a penalty of fourteen (14) hours wages and fringes shall be imposed.
If for any reason the Employer terminates the services of any employee working under this Agreement, the accrued
wages including benefits ofthe employee shall be paid to him or her before the end of the workday. Otherwise, waiting
time shall be charged for accrued wages and fringes. If any employee shall of his or her own volition leave the
service of his or her Employer, then his or her Employer may retain his or her wages and benefits until the next
regular pay day.
Unless delay is caused by conditions beyond the control of the Employer, if employees are not paid as specified
above, they shall be paid waiting time, not to exceed fourteen (14) hours wages and fringes. The Employer agrees
that lay-off checks shall be on the job site before the end of the working day. Otherwise, waiting time shall apply at
the appropriate overtime rate.
(3) The workweek shall begin at 7:00 am or 8:00 am on each Wednesday and end at the close of the workday on the
following Tuesday. If an Employer elects to pay Employees by check, Employees shall receive their checks
on the Thursday: following the close of the workweek. If Thursday is a holiday, Employees shall receive their
checks on Wednesday.
(4) The Employer agrees that all fringe benefits, including, but not limited to, contributions to the Metal Lathers
Local 46 Trust Fund, Metal Lathers Local 46 Pension Fund, and all other Funds, shall be paid on pay day at the
job site by check payable to the Metal Lathers Local 46 Funds and such payment must be accompanied by the
properly filled out reporting forms required by the Trust Fund. The present system for Employer contributions
to the Vacation Fund and the Annuity shall be continued in effect. If a check payment to any of the benefit
funds herein is returned because of insufficient monies, the Trustees ofthe affected funds shall have the right to
require subsequent payment to the affected funds by certified check for the remainder ofthe job.
(5) The Employer shall be required to mark plainly all pay envelopes with the Employee’s name and number, the
number of hours he or she has worked, his or her Social Security number, all deductions made from his or her
wages for Social Security, taxes or any other legitimate or proper purpose, and the net amount of the employee’s
pay. The Employer shall be required to post in theshanty on the job site the insurance company or other carrier.
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which is responsible for its Worker’s Compensation coverage. The Employer shall not make any deductions
from the wages of Employees for or on account of New York State Disability Insurance unless Local 46
utilizes the New York State Disability Fund in conjunction with the Local 46 Trust Fund Disability Benefit.
ARTICLE VI
OVERTIME RATES
All overtime shall be paid at time and one-half (l-‘A) for overtime wages, Vacation Fund, and the Annuity Fund
except Sunday and holidays, when double time (2x) shall be paid on wages, Vacation Fund, and Annuity Fund
contributions.
In the event that an Employee shall be transferred from his or her regular job at 2:30 pm or 3:30 pm to another
Employer’s job sites, to which he or she reports as soon is reasonably possible, and proceeds to work he shall be
deemed to have been continuously employed during that time and shall receive the overtime rate thereof.
ARTICLE Vil
LEGAL HOLIDAYS
The term “Legal Holidays” where used in this Agreement, shall mean:
New Year’s Day- (Federally recognized date)
President’s Day
Good Friday
Memorial Day
Fourth of July (Federally recognized date)
Columbus Day
Labor Day
Thanksgiving Day
Christmas Day – (Federally recognized date)
The observance of any Holiday that falls on a Saturday shall be on the Friday preceding the Holiday. Any Holiday that
falls on a Sunday shall be observed on the Monday following the Holiday.
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Work on Christmas Eve and New Year’s Eve will terminate at 11:00 am or 12:00 noon in accordance with the
designated starting time, but the employees will be paid for the full day, seven (7) or eight (8) hours. If the
employees are required to work after 1 1:00 a.m. or 12:00 noon respectively, they will be paid at double time (2x) for
all wages, Vacation Fund, and the Annuity Fund contributions for every hour thereafter worked. If Employee’s do
not show for work they will not receive any pay for the said day. If an Employee reports to work on Christmas Eve
or New Year’s Eve and cannot start for any reason including inclement weather he or she shall receive for (4) hours
pay at the straight time. If Christmas Eve or New Year’s Eve falls on a Saturday or Sunday, employees will work on
Friday until 11:00 am or 12:00 noon in accordance with the designated starting time and receive a full day’s pay.
ARTICLE VIII
MANNING OF JOBS
Whenever the Employer notifies the Union that employment vacancies exist and requests the Union to furnish
Lathers, the Union agrees that within forty-eight (48) hours from said requests, such employees shall be furnished in
the manner set forth:
(1) The Union shall establish and maintain an open employment list for the employment of competent employees
in accordance with the Rules and Procedures for Operation of Hiring Hall dated August 17, 1971 and presently
in effect and all referrals shall be made pursuant to said Rulesand Procedures.
(2) The Employer shall retain the absolute and unconditional right, with just cause, to reject any Employee
referred by the Union.
(3) The cost and expense of establishing and maintaining the open list and of the referrals there from shall be borne
by all of the registrants. In the case of registrants who are not members of the Union their share of such costs
and expenses shall not exceed a sum equal to the pro rata share of the cost and expense of operating the
employment list and the referrals therefrom which is being borne by members of the Union by the payment of
Union dues. Within seven (7) days from the date of this Agreement or of the date of registry on the list,
whichever is later, the Union may require that registrants incur the obligation of making monthly payments of
their share of such cost and expenses. Failure of a registrant to make payment to such costs and expenses shall
constitute grounds for removal from such list and shall nullify any prior referral therefrom.
(4) The Hiring Hall shall be the exclusive source of Employees and no hiring shall be done at the jobsite.
ARTICLE IX
WORKING CONDITIONS
There shall be a Working Shop Steward on each job. Said Steward shall be the first Employee employed on the job
subsequent to the foreperson and shall be appointed by the Business Agent from amongst any qualified member in
the Union, whether or not that particular company employ him or her. When necessary, the working Shop Steward
will be present at all concrete pours which cover reinforcing steel or any other material as described in Article III of
this Agreement.
When one or more Journeyperson Lathers are requested by the Employer by 8:00 a.m. by telephone, text, or email to
report to work on the following day, such Joumeyperson Lather or Lathers referred by the Union shall report to
work the following day at the prescribed starting time, either 7:00 a.m. or 8:00 a.m.
The Employer shall notify the Union when a job is started and any transfer of any Employees covered by this
Collective Bargaining Agreement.
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The use of safety equipment by the Employees is mandatory and the failure to use such equipment and appliances shall
be grounds for immediate dismissal. Safety Training will be updated to comply with all federal, state, and local or
regulatory requirements for all employees.
A Lather Foreperson shall work on every job. It is agreed that a single Joumeyperson Lather can be employed for
preliminary work, in which case he or she shall be paid Foreperson’s wages. Such preliminary employment,
however, does not establish Foreperson-ship nor shall it restrict the Employer’s right to appoint as Foreperson any
Local 46 Lather subsequently employed.
It is agreed that the Union and the Employer will work together to deal with the issue of competitiveness and unfair
competition in the Building and Construction Industry. When the parties believe it necessary, the Union and the
Employer will have the ability to modify this Agreement in order to permit the Union to protect its jurisdiction and in
order to enable the Employer to secure more work.
Local 46 retains all jurisdiction of all cutting and bending of rebar on the project. Any cutting or bending done
outside of a five (5) mile radius of the project will not be the subject to Local 46 jurisdiction.
Any product, which replaces reinforcing steel in concrete, shall be the exclusive work of Local 46.
Employees shall provide themselves with a suitable kit of tools necessary for the proper carrying on of the work.
However, the Employer shall provide gloves and aprons for Employees on bench or machine work and the Employer
shall supply hard hats, reels and belts. There shall be no restrictions on the use of any machinery, tools, appliances or
methods.
Neither party during the life of this Agreement is to adopt any by-law or to attempt to enforce any working rule or
regulations, which is contrary to any of the clauses in this Agreement. Neithershall either party attempt to enforce any
working rules, which have not been approved by this Joint Trade Board.
No person representing the Union, except its Business Representatives shall have the right to interview the
Employees during business hours. The Business Representatives shall comply with all general conditions of the job
regarding passes, entrances to be used, etc.
The Journeyperson shall have the privilege of working for whomever they see fit, according to terms of this
Agreement. The Employers are at liberty to employ or discharge whomever they see fit according to the terms of this
Agreement.
The Business Agents of the Union shall have access to the work at all times and be responsible for the actions of the
Union.
The Union or its representatives shall not orderastrike or stoppage of work, norshall the Employees strike against any
Employer, or collectively leave the work of an Employer, nor shall any Employer lock out Employees prior to filing a
complaint, or pending the adjustment of any existing disputes. The only exception shall be caused by the failure of the
Employer to comply with Article XII, No. 5.
The foregoing does not deny the right of the Union to render assistance to other labor organizations by removing its
members from jobs, when combined action by all trades is officially ordered, but no removal shall take place until
formal notice is first given to the Secretary of the Trade Association involved.
Lathers will operate all machines and equipment used by them in performance of their work. They will replace all
diameter discs, cutting blades and punches used in the performance of their duties and they shall operate and/or set air
and gas valves used in the performance of their duties.
Page 12
Except as provided under the Market Recover}’ Provisions in Article X, there shall be two (2) to three (3) men on
the bending machine at the contractor discretion. Upon the request of the Employer, the Business Manager and
Business Agent of Local 46 will meet to discuss the possibility of more or less than 3 Lathers on the Bending
Machine. It must be demonstrated that safety will not be compromised. The request of the Employer may not
be unreasonably withheld.
Exclusively Lathers on the job site shall perform all welding of any items pertaining to reinforced concrete.
The handling of such materials and equipment that is provided by the Employer shall be the exclusive work of
Lathers covered by this Collective Bargaining Agreement. The welding machine shall be considered a tool of
the trade and exclusively Lathers on the job site shall handle it.
Cell phones shall only be used in the case of an emergency.
No alcohol or illegal drugs shall be permitted on the job.
No Journeymen Lather or Apprentice shall be penalized in any way for engaging in picketing or other Union
concerted activity to which he is directed by the Union.
ARTICLE X
SPECIAL MARKET RECOVERY PROVISIONS
The Union and the Employer recognize that (i) a very high and growing percentage of private sector residential and
hotel construction in New York City is done by non-union labor employed by contractors that are not party to a
collective bargaining agreement covering the work traditionally done by Local 46 represented employees; (ii) that this
trend excluding Local 46 represented employees and Local 46 signatory contractors from the private sector market
will continue and accelerate unless certain modifications are made for the private sector market that allow Local 46
signatory employers to successfully compete for this work and (iii) that these Market Recovery Provisions are
intended to and shall apply only to private sector work that is not subject to any prevailing wage requirements (e.g.
NYS Labor Law Section 220 and the Davis Bacon Act, heavy and highway, public works, MTA, Project Labor
Agreements, foundations, etc.). Accordingly, the Union and the Association agree that the following Market
Recovery Provisions will apply solely to private sector work that is not subject to prevailing wage provisions:
A. The Employer will be able to bring bent rebar onto all superstructure jobs without restriction as to the size,
length or diameter of the rebar, provided that from the outset of each job. If the Employer maintains a two
(2) person-bending machine, each such person is paid for all regular Local 46 crew hours. The
Journeypersons composing the bending crew shall be exclusively utilized to perform bending work and shall
not be required to perform other duties. However, after regular hours, an Employer to any other lather crew
working overtime on other areas at the jobsite may add members of the bending crew. The Employer shall
have the right to assign one (1) member of the bending crew, with the other assigned by the Union. Any
cutting or bending done outside of a five (5) mile radius of the project will not be the subject to Local 46
jurisdiction.
B. The Employer on foundation jobs will be able to bring in bent rebar onto all projects without restriction. On
combination foundation and superstructure jobs, work per this Agreement shall be foundation rules while
the foundation is being constructed, and superstructure rulesthere after.
C. On combination foundation and superstructure jobs, work per this Agreement shall be foundation rules while
the foundation is being constructed and superstructure rules thereafter.
Page 13
D. Tag writers shall only be required on those projects that are larger than 400,000 square feet at the contractor’s
discretion.
E. The ratio of Employees on each job shall be three (3) joumeypersons to two (2) Apprentice/Trainees.Local 46
shall not be responsible for enforcing this ratio. It shall be the responsibility of the employer when making
requests for referrals of employees from the Local 46 hiring hall to specify in writing the number of
apprentices and trainees required to meet goals. Any employer that chooses to employ more Joumeypersons
that are called for under this Agreement shall not have any claims against Local 46 arising from this
provision.
F. Employers shall have the right to a staggered start time, provided they start with at least one-half (1/2) of the
entire lathers crew, and then bring in the balance of the crew at the later start time. All start times, for all of the
crew, must be an hour before or after the project’s normal starting time. (Example: if a project has a starting
time of 7 am, the Foreperson may require Employees to begin at 6 am or 8 am. If there is to be a staggered start
time, the Employees must be informed of their start time before they leave the jobsite on the previous working
day.)
ARTICLE XI
TRADE BOARD
A Trade Board will be established consisting of three (3) members of the Association and three (3) members of the
Union. Within two (2) weeks after the signing of this Agreement, each of the parties hereto shall appoint or elect its
representatives on the Trade Board. These representatives shall hold office until their successors are appointed or
elected.
No member of the Association, and no Employer, shall participate as a member of the
Trade Board, or as a representative of the Association on the Trade Board, unless such
Employer is a signatory to a Collective Bargaining Agreement with the Union or, unless by
written assent, said Employer has agreed to be bound by the Union’s Collective Bargaining
Agreement with the Association.
The function of the Trade Board shall be the enforcement of this Agreement. It shall interpret the provisions and shall
adjust all disputes arising here under, regardless of the sources of the complaints. Its decisions shall be final and
binding on the parties hereto.
In every case, complaints and charges shall be presented to the Trade Board in writing.
The Trade Board shall meet upon the call of its Chairperson or Secretary’.
At all meetings of said Trade Board both sides shall have equal number of votes on all questions, whether all their
members are present or not. Upon request by any directly interested party, said Trade Board shall meet within
twenty four (24) hours after a complaint or charge and shall render a decision as promptly as consistent with the
circumstances.
Any Employer members of theTrade Board directly involved in any case shall withdraw from the Board until the case
is settled and an alternate shall beselected by the remaining Employer members to fill thesaid temporary vacancy.
Any Union member of the Trade Board directly involved in any case shall withdraw from the Board until the case is
settled, and an alternate shall be selected by the remaining Union members to fill the said temporary vacancy.
In the event of the failure of the Trade Board to reach a decision upon any complaint or charge brought before it. the
matter shall be submitted to an impartial arbitrator to be mutually agreed upon by the parties.
Page 14
A Secretary appointed by the Board from among its members shall keep an accurate record of all proceedings of said
Trade Board and a copy of it shall be furnished to each of the parties hereto.
Each party hereto shall pay one-half (‘/2) the expense of the said Trade Board. It is mutually agreed that there shall be
no cessation of any work in connection with which there may be a complaint or charge, but that all such work shall
regularly proceed pending the decision oftheTrade Board or Executive Committee oftheBuilding Trades Employer’s
Association.
Any penalties, which may result from the findings or decisions of the Trade Board, are to be fixed and imposed by the
Association or the Union, as the case may be, to which the member affected may belong.
ARTICLE XII
JURISDICTIONAL DISPUTES
Disputes between trades and disputes relative to questions ofjurisdiction of trades shall be adjusted in accordance with
the principles of the New York Plan for the Settlement of Jurisdictional Disputes as set forth in the Joint Arbitration
Plan of the New York Building Trades and as adopted on July 9, 1903 and amended on April 22, 1905 and, as
thereafter amended, and all decisions rendered thereunder determining disputes arising out of the conflicting
jurisdictional claims of various trades shall be recognized by and be binding upon the parties hereto, except to the
extend that Section 3 of the said Joint Arbitration Plan requires the Employer to employ only members of the Union
directly, through subcontractors or otherwise.
Pending the determination of any dispute under the New York Plan for the Settlement of Jurisdictional Disputes as
stated in the preceding paragraph, the members of the Union shall remain at work on the project without change in
status.
ARTICLE XIII
WELFARE AND PENSIONS FUNDS,
VACATION, ANNUITY and SCHOLARSHIP FUNDS,
NEW YORK LATHERS APPRENTICESHIP and
PROMOTION FUNDS
(1) (a) Employers shall contribute to the Metal Lathers Local 46 Trust Fund established by the Agreement
and Declaration of Trust entered into as of the 2nd day of May, 1946 at the stipulated hourly rate
provided by the Trust Fund.
(b) Employees shall contribute to the Metal Lathers Local 46 Pension Fund established by the Agreement
and Declaration of Trust entered into as of the 30th of June 1950, al the stipulated hourly rate provided
by theTrust Fund.
(c) Employers shall contribute to the New York Lathers Apprenticeship Fund at the stipulated hourly rate
provided by the TrustFund.
(d) Employers shall contribute to the Metal Lathers Local 46 Vacation Fund established by the Agreement
and Declaration of Trust entered into as of the 1″ day of January. 1961 at the stipulated hourly rate
provided by the TrustFund.
(e) Employers shall contribute to the Metal Lathers Local 46 Annuity Fund established by the Agreement
and Declaration of Trust entered into as of the 1″ day of January, 1961 at the stipulated hourly rates
provided by the TrustFund.
Page 1 5
(f) Employers shall contribute to the Metal Lathers Local 46 Scholarship Fund to be established at the
hourly provided by the Trust Fund.
(g) Employers shall contribute to the Metal Lathers Local 46 LMCT established by this Agreement and
declaration ofTrust entered into as of 7/1/02 at thestipulated hourly rate provided by theTrust Fund.
(h) Employers shall be bound by all of the provisions ofsaid Agreements and Declarations ofTrust creating
said Funds, as the same may be written or amended by the parties thereto.
(2) All contributions to the said Funds referred to above shall be paid by the Employer for every hour worked or
paid for all employees covered by this Collective Bargaining Agreement, provided however, that time and one-half
(1/2) contributions to the Vacation Fund and Annuity Fund will be required for hours which time and one-half (I-/2)
is paid and double time (2x) contributions to the Vacation Fund and Annuity Fund will be required for the hours
which double time (2x) is paid.
(3) The Employer agrees that all contributions to all Funds referred to herein shall be paid on payday at the job
site by check payable to the Metal Lathers Local 46 Funds, which check shall be accompanied by the required
reporting forms. The present system for Vacation Fund and Annuity Fund contributions will be continued in effect.
(4) Every Employer covered by this Agreement shall provide a Surety Bond to guarantee payment of
contributions to all Local 46 Funds. A Bond of Fifty thousand dollars ($50,000.00) for wages and benefits must be
posted and maintained by all signatories to this Agreement. If an Employer does not post such a Bond, the Union shall
have the right to engage in an economic strike against the Employer or to refuse to send Journeyperson Lathers to
that Employer’s jobs. The Employer recognizes the Union as the exclusive majority representative to all employees
covered by the Agreement in the bargaining unit, set forth therein, pursuant to Section 9(a) of the Labor Management
Relations Act. Any Employer who is delinquent in paying his or her fringe benefits contributions shall pay twelve
(12%) on all late payments per annum.
(5) Whenever an Employer is in default to the Local 46 Funds, the Union may remove Employees covered by
this Agreement from the work of such Employer. If such Employees who are removed remain at the job site during
regular working hours, they shall be paid for lost time not to exceed three (3) days pay.
(6) In addition to providing coverage for those persons employed as Lathers under the provisions of this
Agreement, the Metal Lathers Local 46 Trust Fund and Metal Lathers Local 46 Pension Fund covers those Officers,
Business Agents and Employees of the Union for whose benefit the Union pays Employer contributions in the said
amounts as are contributed by Employers on the wage of Employees working a full work week.
(7) If an Employer fails to send in weekly reports or sends in incorrect reports to the Metal Lathers Local 46 Trust
Fund, the Union shall have the right to have an accountant, designated by the Union, conduct a full and complete
examination of the Employer’s payroll books and records, and the Employer shall bear the full cost of any fees or
charges of such accountant.
(8) The Employer agrees that, by the execution of this Collective Bargaining Agreement, it has agreed to abide by,
be bound by and contribute to the Agreements and Declarations ofTrust establishing the Metal Lathers Local 46 Trust
Fund and Dental Fund, the Metal Lathers Local 46 Pension Fund, the New York Lathers Apprenticeship Fund, the
Metal Lathers Local 46 Annuity Fund, the Metal Lathers Local 46 Scholarship Fund, the Labor Management
Cooperative Trust, the Vacation Fund Trust, the New York Concrete Construction Institute, CLIAAPF, NYPCI and
BTEAPF Funds, as such Agreements and Declarations ofTrust may now exist or may be hereafter amended. The
Employer also agrees to accept and approve the designation of Employer Trustees by the various Employers and
Associations and to be bound by the actions of said Employer Trustees as designated in said Agreements and
Declarations ofTrust and their successors, as if the Employer had originally consented to the appointment of such
Trustee.
Page 16
The Employer also agrees to make the contributions referred to in this Agreement to all of the Funds and/or Trusts and
to make said contributions in accordance with the Agreements and Declarations ofTrust for each of the Trusts and/or
Funds, together with such interest and penalties as may be provided for in said Agreements and Declarations ofTrust if
payments are delinquent. The Employer also agrees to the rules and regulations adopted by the Trustees of each of the
Funds and further agrees to recognize and abide by the right of the Trustees of each of the Funds to audit the books and
records of the Employer to ascertain that the Employer’s contributions are being properly made to all of the said
Funds. The Employer agrees to pay the costs ofsuch audit and all expenses involved therewith.
(9) In addition to the Union’s right to remove Joumeyperson Lathers from the Employer’s employment if the
Employer becomes delinquent in its obligation to contribute to the fringe benefit funds provided for herein, the
Employer agrees that its corporate officers, partners or principals in its business will be personally responsible forsuch
contributions and they will become Fiduciaries to the extent ofsuch personal responsibility, if such delinquency
continues, and if the Fringe Benefit Funds are required to initiate litigation to recover any delinquency.
(10) The Union and Employer agree that the payment of all benefits shall be by one check for each job site made
payable to the order of the Metal Lathers Local 46 Funds.
The Employer recognizes that when the payment of fringe benefit contributions to Metal Lathers Local 46 Funds, or
remittance of Union membership supplemental dues check-off to the Union, pursuant to the Agreement is made by
check or other negotiable instrument which is returned uncollected, Metal Lathers Local 46 Funds and/or the Union
incur additional cost and expense. The Employer hereby agrees that in the event any payment to the said Funds, or to
the Union, by check or other negotiable instrument, results in the check or negotiable instrument being returned
without payment after being duly presented, the Employer shall be liable for additional damages in the amount of Five
hundred dollars ($500.00) to cover such additional costs, charges and expenses. Nothing herein is intended, nor shall
be interpreted, to mean that the Metal Lathers Local 46 Funds, or Union, waive any other remedies including, but not
limited to any liquidated damages required to be paid pursuant to this Agreement, in the event Employer contributions
are not paid in full at the time required.
(II) Each Employer shall promptly furnish to the Trustees of the Metal Lathers Local 46 Funds on demand, any
and all wage records relating to all Lathers and all Foreperson employed by each of the Employers in the territorial
jurisdiction of Local 46. Besides such wage records, each Employer shall also provide to the Trustees, together with
the payment of such contributions or, at such other intervals as the Trustees may request, written reports as to the
wages paid to, and work records of, said Lathers, other payroll data, such as social security, unemployment insurance
and compensation insurance records as well as any and all other data pertaining thereto and the contributions due or
payable to the Funds as the Trustees of the Funds may now or hereafter require.
The books and records of the Employer shall be made available at all reasonable times for inspection and audit by, but
not limited to, the accountants, independent auditors or other representatives of the Trustees of the Metal Lathers Local
46 Funds. In addition, the books, records, information and documentation of any subsidiary, or “alter ego” when
performing work under the jurisdiction of Local 46 or joint venture of the Employer shall also be made available, at all
reasonable times, for inspection and audit by, but not limited to, the accountants, independent auditors or other
representatives of the Metal Lathers Local 46 Funds. The Employer shall retain, for a minimum period of six (6)
years, all records necessary for the conduct of a proper audit in order that a designated representative of the Trustees
may make periodic review to confirm that contributions owed pursuant to this agreement are paid in full. If after the
Trustees have made a reasonable request, the Employer foils to produce the documentation necessary for a proper
audit, the Trustees, in their sole discretion, may determine that the Employer’s monthly hours subject to contributions
for each month of the requested audit period are the highest number of employee hours during the last twelve (12)
months for which reports were filed. Such determination by the Trustees shall constitute presumptive evidence of
delinquency. Before making such determination, the Trustees shall give seven (7) days written notice to the Employer.
Nothing herein shall mean that the Funds relinquish their right to commence legal proceedings to compel an
examination of the Employer’s books and records for auditor.
Page 1 7
When auditors are sent to audit the books and records of an Employer, and an appointment time is scheduled, and not
cancelled or rescheduled in a timely manner and the auditor cannot start at the appointed time and date and must
return, through no fault of his or hers, the Employer shall be penalized and pay to the Metal Lathers Local 46 Funds
the sum of five hundred dollars ($500.00) per auditor.
Any Employer who is delinquent in paying its weekly contributions to the Metal Lathers Local 46 Funds shall pay
interest of twelve percent (12%) per annum on all late payments or such amount of interest as the U.S. Department of
Labor or the Internal Revenue Service may permit Trustees of employee benefit funds to collect for late payment of
contributions, whichever amount is greater.
If any of the Employers does not fully and duly report or timely pay all amounts due as contributions to any or all of
the Funds in accordance with the above provisions, in any arbitration as provided herein, or in any action under the
Multi-Employer Plan Amendments Act of 1980 (hereinafter “Title”) by a fiduciary for or on behalf of any or all of the
Funds to enforce payment of contributions or to enforce Section 306 of theTitle in which ajudgment in favor ofany or
all of the Funds is awarded, the arbitrator or the Court shall award the Fund(s):
a) the unpaid contributions;
b) interest at the rate of twelve percent (12%) on the unpaid contributions;
c) an amount equal or greater ofi) interest on the unpaid contributions, or
ii) liquidated damages provided for under the plan in an amount not in excess of twenty percent
(20%)
d) reasonable attorney’s fees and costs of the action, to be paid by the respondent or defendant; and
e) such other legal or equitable relief as the arbitrator or the court deems appropriate.
12) No Employee Leasing: Employee Leasing is prohibited. To confirm this, when an Employer signs with
the Union, the contractor’s name (accompanied by a copy of the corporate papers verify ing the name) as agreed and
fixed on the Association or Independent Collective Bargaining Agreement must be the same and only name that
appears on the employees’ weekly payroll check. It must be the same and only name that appears on the weekly fringe
benefit check to the Metal Lathers Local 46 Funds and the same and only name that appears as the “insured” on the
Workers Compensation policy (accompanied by a copy of the Workers Compensation policy verifying name) with the
“certificate holder” being the trade employed. Any deviation from the above would make this agreement void and
nullify the current and future employment of Local 46 members as stated under this Collective Bargaining
Agreement.
If the Local 46 Membership adopts a Member Selective Benefit Plan (MSBP), it shall become part of this Collective
Bargaining Agreement.
The Union continues to waive any paid family leave, sick leave, or vacation leave requirements by a federal, state,
city, or governmental agency.
Page 18
ARTICLE XIV
DURATION OF AGREEMENT
1 ) This Agreement is to be effective from July 1, 2024 to June 30, 2028. Written notice of a desire to terminate
or modify this Agreement must be given to the other party one hundred twenty (120) days prior to June 30, 2028, or
any subsequent date, or this Agreement shall renew for four (4)-year periods thereafter.
(2) This Agreement may not be amended, altered or modified, except by an instrument in writing signed by both
parties hereto. It is further agreed that neither party during the life of this Agreement, will adopt or attempt to enforce
any By-Laws, Working Rules or Regulations, which is contrary to any of the terms of this Agreement, unless the same
has been agreed upon and approved by an instrument in writing signed by both parties herein.
(3) Successor clause: This Collective Bargaining Agreement shall be an absolute part of the assets of the
Signatory’ and any successor shall be bound by its covenants. If the Employer merges or consolidates with another
Employer or purchases, acquires, sells, leases or otherwise transfers its business operations to another Employer, the
Employer agrees that it will guarantee that the Successor will be bound by all the terms and provisions of this
Collective Bargaining Agreement and the Employer shall assume responsibility for the continuation of the Collective
Bargaining Agreement between this Union and any Successor.
(4) The rules and regulations of Local 46’s Hiring Hall shall be considered as part of this CBA.
(5) If a party to this Agreement employs a sub-contractor, the sub-contractor must also be a signatory to this
Agreement. If, a party to this Agreement employs a sub-contractor, all provisions of this Agreement shall bind the
sub-contractor.
(6) If a sub-contractor is awarded the work of Local 46 on any job, the awarding contractor will be liable for all
wage and fringe benefits.
(7) In addition, to the Union’s right to remove Journeyman Lathers from the Employers employment if the
Employer becomes delinquent in its obligation to contribute to the fringe benefit funds provided for herein, the
Employer agrees that its corporate officers, partners or principals in its business will be personally responsible for such
contributions and they will become fiduciaries to the extent of such personal responsibility if such delinquency
continues and if the Fringe Benefit Funds are required to initiate litigation to recover any delinquency.
ARTICLE XV
VALIDITY
If the Court shall decide any part of this Agreement is illegal, it shall not invalidate other portions; it being the sole
intent and purpose of this Agreement to promote peace and harmony in the craft along lawful lines. Any provisions in
this Agreement, which provides for Union security or employment in a manner and to an extent prohibited by any law
or determination of any Board of Government Agency shall be and hereby is declared to be of no force during the term
of such prohibition. In the event that there shall be any change in applicable laws as to Union Security, the parties
shall re-negotiate any provisions concerning Union Security.
Page 19
ARTICLE XVI
DUES CHECKOFF
It is agreed that the Union shall institute a dues check-off or Union Fund check-off, such as Local 46 PAC, Union
Security and Union Dues, from wages as set forth herein after thirty (30) days notice to the Association. Said dues
check off shall provide for employee authorizations and shall be in conformity with all applicable laws.
ARTICLE XVII
ALCOHOLIC BEVERAGES
Drugs or alcoholic beverages shall not be permitted on the job during working hours.
ARTICLE XVIII
PICKET LINE CLAUSE
It shall not be a violation of this Agreement and it shall not be cause for discharge or discipline, if employees covered
by this Agreement refuse to cross a primary picket line of labor organization affiliated with the Building and
Construction Trades Council of New York or any other Building and Construction Trades Council, provided that any
such picket line issanctioned by the appropriate Building Trades Council.
ARTICLE XIX
APPLICABILITY
The Employer will provide the Union with a list of its members who have designated it as a Bargaining Agent and who
have agreed to be bound by the terms and conditions of this Collective Bargaining Agreement. In addition, the
Employer will notify the Union of any changes in membership either by the addition of new members or of the
dropping of the members during the period of this Agreement. It is further agreed that all members of the Employer
Association are bound by this Collective Bargaining Agreement, entitled to its benefits, and subject to its obligations
until the termination date, or any subsequent date for four (4) years periods thereafter, whether or not they retain their
membership in the Employer Association for the full period of this Agreement.
ARTICLE XX
COVERAGE OF LATHING WORK
It is agreed that if any Employer contracts for or perform lathing work falling within the jurisdiction of the Union,
as such jurisdiction is set forth in the Union’s Collective Bargaining Agreement with the Employing Metallic
Furring and Lathing Contractors Association of New York, the Employer agrees that it will assign such work to
Employees represented by the Union and further, the Employer agrees that all the terms of this Collective
Bargaining Agreement shall be applicable to the performance of such work. The Employer must not subcontract
bargaining unit work, unless the subcontractor receiving the subcontract is bound and obligated under this
Agreement. In the event that the sub- contractor, or a subcontractor of that subcontractor, fails to make contributions
to Local 46 Welfare, Pension, Annuity, Apprenticeship, Vacation, LMCT, MLPF, MLAP.NYCPI and BTEAPF Funds
or working assessments, as required by this Agreement, and if the Union, by an officer in written notice, notifies the
subcontracting Employer or Employers that the subcontractor is not complying, the Employer shall be responsible for
such non-compliance for the period beginning two (2) working days after the day of receipt of such notice.
Page 20
ARTICLE XXI
AREA PRACTICE
The Employer agrees that all area practices followed and observed in the Union’s jurisdiction by contractors having
Collective Bargaining Agreements with the Union shall be followed and observed on all job sites of the Employer on
which Journeyperson Lathers represented by the Union are employed. Local 46 waives any right or entitlement for
paid sick leave that may be provided by any city, state, or federal law or regulation.
ARTICLE XXII
FAMILY LEAVE
Local 46 waives any right or entitlement for paid Family Leave enacted by any federal, state, or local agency.
ARTICLE XXIII
HEAVY CONSTRUCTION, INFRASTRUCTURE, & PUBLIC WORKS
Heavy construction projects are hereby defined as including but not limited to, new construction, i.e. building and
foundation construction below street level, or the inspection, rehabilitation or expansion of an existing structure or
facility involving any aspect of subsurface construction or excavation, all deconstruction or demolition work, all
construction from excavation through final completion of engineered structure, parking garages, mass transit
facilities including but not limited to bus depots, ventilation plants, maintenance shops, transit yards, stations
tunnels, railway lines and work along railway right of way, highways, roads, streets, bridges, piers, shafts, drill
shafts, wharfs and bulkheads, airport runways, access roads, airlines terminals, water and waste water conveyances,
including but not limited to tunnels, and associated facilities including gate houses, parks, pump houses, valve
chambers, and water and waste water treatment plants, power plants, power generating stations, electrical
substations and pipelines, all excavation and site work, including but not limited to all installation, relocation or
removal of utilities, all drainage, landscaping and paving, removal of hazardous materials as it pertains to heavy
construction projects, and any construction commonly associated with public works, infrastructure or heavy civil
construction, exclusive of the Erection of Building Superstructures, since this latter work is agreed to be a separate
and district branch of the Construction Industry.
The Employer agrees that the work set forth hereinafter is covered by this agreement and falls within the Union’s
exclusive jurisdiction. Such work shall be contracted for by the Employer and assigned to and performed by
journeyperson lathers represented by the Union. Such contracting and such assignment shall be term and condition
of employment under this Collective Bargaining Agreement.
LOCAL 46 WORK RULES ADDENDUM
(1) Any cutting or bending done on the jobsite will be done with aminimum oftwo (2)Employees on the
cutting and bending machine,except if the cutting or bending is done outside of a five (5) mile radius of
the project, the bending will not be subject to Local 46 jurisdiction.
(2) On beams and columns all number six (6) bars or over will be tied with #14 gauge wire or #16 gauge wire
doubled.
(3) All decks will be marked and subsequent decks remarked.
(4) All mats on horses will be tied securely.
(5) Slab chairs will be placed 4 ‘0″ on center and high chairs 3’0″ on center, except where plans indicate
otherwise.
(6) There will be no broken time (lay-off is pay-off).
(7) The Lather will fabricate his or her wall spreaders and place them 4’0″ on center and TO” from top and
bottom. If the footing dowels are utilized, the bottom spreaders may be eliminated.
(8) All columns will be centered in form.
(9) All bars on walls #8 and over will tied with double wire or# 14 gauge wire; thesetup will be saddled, there
will be no snap tying on walls. Walls shall be tied solid when spacing in 10″ or over.
(10) Slabs shall be tied solid when bars are 10″ or over oncenter.
(11) Foreperson and contractor will check with the Business Agent at the start of a job in reference to the
Shop Steward, Tag Writerand other positions in accordance with Section 21 of the Local Union
Constitution.
(12) Only Local 46 Lathers shall be involved when placing fabricated work.
(13) When placing bars, individual columns, beams or any other fabricated produce by crane; Local 46
Lathers shall perform the hooking up signal and placing of it.
(14) No Lather shall work more than one (1) job per day without permission of the BusinessAgent.
(15) Barspaces on spiral Local 46 member on job site shall place columns.
(16) Contractors shall make all efforts to provide any notice to Local 46 members prior to leaving the jobsite
that day of work of any job shutdown or transfers to a different location that day before 5pm. All non¬
emergency notice shall be texted to members no later than 5pm.