Local Union No. 7 Tile, Marble, and Terrazzo, AFL-CIO
of New York and New Jersey
AGREEMENT
JULY 1, 2022
through
JUNE 30, 2028
Between
The MARBLE INDUSTRY
OF NEW YORK, INC. (M.I.N.Y.)
(hereinafter referred to as the “Employer”)
And
THE MARBLE CARVERS, CUTTERS AND SETTERS UNION, LOCAL
NO. 7 OF THE INTERNATIONAL UNION OF BRICKLAYERS AND
ALLIED CRAFTSMEN (hereinafter referred to collectively as the “Marble
Setters”) and THE COMPACT LABOR CLUB OF MARBLE WORKERS,
RIGGERS, CRANE AND DERRICKMEN OF NEW YORK AND
VICINITY, LOCAL NO. 7 of the INTERNATIONAL
UNION OF BRICKLAYERS AND ALLIED CRAFTSMEN
(hereinafter referred to collectively as the “Marble Finishers”)
TABLE OF CONTENTS
| ARTICLE I: | BARGAINING AGENT: | 1 | |
| ARTICLE II: | UNION SECURITY: | 1 | |
| ARTICLE III: | TERRITORY: | 1 | |
| ARTICLE IV: ARTICLE V: |
CRAFT JURISDICTION: STONE TILE, LESS THAN |
1 | THICK AND UNDER IN |
| THICKNESS AND RELATED MATERIALS: | 2 | ||
| ARTICLE VI: | HOURS OF WORK: | 3 | |
| ARTICLE VII: | WAGES: | 3 | |
| ARTICLE VIII: | FOREMAN: | 5 | |
| ARTICLE IX: | HOLIDAYS & OVERTIME: | 5 | |
| ARTICLE X: | EMPLOYMENT PRACTICES: | 6 | |
| ARTICLE XI: | TRAVELING CONTRACTORS: | 6 | |
| ARTICLE XII: | APPRENTICE COMMITTEE: | 7 | |
| ARTICLE XIII: | UNLOADING TRUCKS: | 8 | |
| ARTICLE XIV: | SCAFFOLDING AND LADDERS: | 8 | |
| ARTICLE XV: | DELEGATES: | 8 | |
| ARTICLE XVI: | WORK AND SAFETY METHODS: | 8 | |
| ARTICLE XVII: | SETTLEMENT OF DISPUTES: | 9 | |
| ARTICLE XVIII: SUBCONTRACTING PROVISIONS: | 11 | ||
| ARTICLE XIX: ARTICLE XX: ARTICLE XXI: |
AFFILIATED AND/OR RELATED COMPANIES: FRINGE BENEFIT PAYMENTS: FRINGE BENEFIT PROCEDURES AND PROTECTION: |
11 12 14 |
|
| ARTICLE XXII: UNION MEMBERS AS CONTRACTORS: ARTICLE XXIII: SEVERABILITY– NO CONFLICTING AGREEMENTS: |
16 16 |
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TABLE OF CONTENTS (cont.)
ARTICLE XXIV: MOST FAVORED EMPLOYER: 17
ARTICLE XXV: MANAGEMENT RIGHTS: 17
ARTICLE XXVI: DEFINITION OF EMPLOYEE: 17
ARTICLE XXVII: DURATION AND TERMINATION: 17
ATTACHMENTS
| SCHEDULE A: | AGREEMENT BY INDEPENDENT EMPLOYER |
| SCHEDULE B: | STANDARDS OF EXCELLENCE |
| SCHEDULE C: | WAGE ALLOCATION AND FRINGE BENEFIT SCHEDULES |
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20
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THIS AGREEMENT is made and entered into effective as of the 1st day of July, 2022, unless
expressly stated otherwise in this contract, by and between THE MARBLE INDUSTRY OF
NEW YORK, INC. (M.I.N.Y.) (hereinafter referred to as the “Employer”), including their
successors or assigns and including in such term such companies that are or may hereafter
become members of the Employer Association, THE MARBLE CARVERS, CUTTERS AND
SETTERS UNION, LOCAL NO. 7 of the INTERNATIONAL UNION OF BRICKLAYERS
AND ALLIED CRAFTSMEN (hereinafter referred to as the “Marble Setters”, “Local 7” or the
“Union”) and THE COMPACT LABOR CLUB OF MARBLE WORKERS, RIGGERS,
CRANE AND DERRICKMEN OF NEW YORK AND VICINITY, LOCAL NO. 7 of the
INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTSMEN (hereinafter
referred to as the “Marble Finishers”, “Local 7” or the “Union”).
ARTICLE I; BARGAINING AGENT:
Recognition of Union: The Employer recognizes the Union, pursuant to Section 9(a) of the
National Labor Relations Act, as the exclusive collective bargaining agent for all employees
within that bargaining unit, on all present and future jobsites within the jurisdiction of the Union,
for the purpose of bargaining collectively as to wages, hours and other conditions of
employment, unless and until such time as the Union loses its status as the employee’s exclusive
representative as a result of an National Labor Relations Board (“N.L.R.B.”) election requested
by the employees. The Employer agrees that it will not request an NLRB election unless required
by applicable law.
ARTICLE II: UNION SECURITY:
All employees within the bargaining unit who are members of the Union on the execution day of
this Agreement shall be required to remain members of the Union as a condition of employment
during the term of this Agreement. All other covered employees under the work jurisdiction of
this Agreement shall be required to become and remain members of the Union as a condition of
employment from and after the 7th day following the date of their employment or the execution
date of this Agreement, whichever is later. After the 7th day of employment, the Union shall
accept employees hired by the Employer as members.
ARTICLE III: TERRITORY:
This Agreement covers greater New York, all of Long Island, the entire state of New Jersey and
the counties of Westchester, Rockland, Sullivan, Ulster, Dutchess, Putnam and Orange, provided
the Union takes the necessary action to protect the work jurisdiction covered by this Agreement.
Otherwise, this Agreement becomes null and void at the discretion of M.I.N.Y.
ARTICLE IV: CRAFT JURISDICTION:
The Union hereto agrees that the jurisdiction of work covered by this Agreement is that provided
for in the charter grant issued by the American Federation of Labor to the Union. The parties to
this Agreement are subject to and agree to be bound by all decisions and awards made by the
Joint Trade Arbitration Plan of the New York City Building Trades with respect to all
jurisdictional disputes which may arise under this Agreement, providing such decisions are in
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accord with the current jurisdictional determinations of record involving the AFL-CIO Building
and Construction Trades Department.
All erection of interior marble at the jobsite only and all other materials covered under this
Agreement shall be performed under the exclusive jurisdiction of the Marble Setters division.
All cutting, carving, drilling, setting of interior marble and/or stone at the jobsite and supervision
of all work under the direction and control of the Employer are under the jurisdiction of the
Marble Setters. This does not preclude members of the Marble Setters from handling and
unloading their own material.
All handling of interior marble and all other materials covered under this Agreement, at the
jobsite, shall be performed under the exclusive jurisdiction of the Marble Finishers.
The operation of all interior cranes, derricks and all rigging for heavy work at the jobsite is the
jurisdiction of the Marble Finishers. The supervision of said operation is the jurisdiction of the
Marble Setters.
Work under this Agreement is understood to be all marble, granite, stone, honeycomb stone
panels, and glass (except glass brick), processed imitation stone or marble, slate, soapstone work,
precast concrete, slate tile, Corian, Sintered stone, any man-made products that can be used as a
stone substitute and all precast terrazzo used on the interior, beginning at the inside of the jamb
line of the entrance of a building, also such marble used in connection with the entrance or
storefront on the exterior, and also marble panels, cornice, frieze columns, pilaster caps, bases,
etc. named as a decorative feature of the exterior of a building, and also burning and welding in
connection with all of the above described work. Any marble contractor employing marble
workers can perform up to and including six (6) days of ceramic tile work with marble workers.
Any Marble signatory Employer will be subsidized by Local 7 in an amount of ten dollars
($10.00) per hour for thin stone, tile or marble “track installation work” performed (also known
as “Rain Screen Systems”).
ARTICLE V; STONE TILE, LESS THAN “W’ THICK AND UNDER IN THICKNESS
AND RELATED MATERIALS:
On all jobs involving the installation of stone floor tile and related materials, the total hourly
amount of wages and fringe benefit contributions for employees shall be equal to that of Tile
Setters and Finishers as set forth under the existing collective bargaining agreements (CBAs)
between the Tile Setters and Finishers Union, New York, BAC, and the Greater New York, New
Jersey Tile Contractors Association, Inc.
Out of the foregoing wage and fringe benefit package, pension and welfare fringe benefit
contributions, however, shall be paid to the Marble Funds at the contribution rate set forth in this
Agreement and the remaining balance necessary to equal the total wage and fringe benefit
package of the tile setters and finishers shall be allocated to wages and/or other fringe benefit
contributions of the marble setters and finishers covered under this Agreement, and shall be
determined by the Union, with the consent of M.I.N.Y.
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ARTICLE VI: HOURS OF WORK:
A regular work day shall consist of seven (7) hours, except that at the Employer’s sole discretion,
the regular work day shall consist of eight (8) hours at straight time pay, provided the Employer
makes such an election at the start of the project and shall remain in full force and effect for the
duration of the project.
The regular work day shall start at the sole discretion of the Employer between 6:00 A.M. and
9:00 A.M. The time so designated shall remain in full force and effect for the duration of the
project.
ARTICLE VII: WAGES:
The wage rate per hour shall be in accordance with the annexed Schedule “C” of Wage
Allocations and Fringe Benefits, effective July 1, 2022 through June 30, 2028.
All increases shall be allocated as follows: seventy percent (70%) applicable towards fringe
benefit contributions and thirty percent (30%) applicable towards wages.
The parties have agreed to secondary B-rate program in an effort to recapture market share. This
program will require the Association and the independent Employer to sign the standard CBA, as
well as the B-rate Agreement. The program will be strictly monitored. Violations of the program
could result, after a Joint Trade Board hearing, in reimbursement of wages and fringe benefit
contributions, as well as being levied a fine.
Employees discharged at the jobsite during a full working day shall be paid sixty (60) minutes
prior to such discharge. Employees leaving the work of the Employer (not discharged) shall be
paid on the regular pay day the amount due to their time of leaving. All Employees hereunder
shall be paid wages in full weekly, no later than Thursday, in full sixty (60) minutes prior to
quitting time. Employees shall be paid at the rate of a full day’s wage on the starting day and on
the day of discharge and no fractional part of a day shall be allowed except in overtime which
shall be paid at the specified rate of wage. Employees leaving jobs of their own volition shall be
paid only the actual time worked.
It is agreed that if an employee has not received prior notification to the contrary and reports
ready to work, such employee shall, except as hereinafter provided, be entitled to a day’s pay.
The employee shall not be entitled to any compensation, unless the work is unavailable for
reasons beyond the control of the Employer, including without limitation, flood, fire, power
failure, strikes, walkouts, or any acts of God.
If any employee starts work but due to circumstances beyond the control of the Employer, the
employee is unable to continue to work prior to 12:00 noon, the employee shall be paid four (4)
hours pay. If the employee works beyond 12:30 p.m., the employee shall be paid a full day’s pay.
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All jobs involving publicly occupied space, malls and certain renovation shall be entitled to a
shift work rate of 1.25%, with Union approval. Shift work rates do not apply to new construction
jobs.
Shift time will be paid at 1% rate. Shift time will be defined as a shift outside the start time
established at the project. A shift will consist of no less than 7 or 8 hours. Overtime will apply
after the 7th or 8th hour of that shift.
All wages and job expenses shall be paid by check. Check payments are not permitted to be
made through the mail, except for board jobs or for extenuating circumstances.
The Union shall be required to withdraw their members from a job in the event wages or fringe
benefits contribution payments are not made in accordance with the Agreement. Marble
Workers, if withdrawn from jobs because of unpaid wages and/or fringe benefit contributions
shall be paid by the Employer for lost time to a maximum of two (2) days wages and fringe
benefit contributions.
If an Employer’s check for payment of wages or fringe benefit contributions is returned unpaid
for insufficient funds or uncollected funds, the employee shall be entitled to an additional two (2)
days pay, together with fringe benefits due on said two (2) days pay. Should any Employer have
a wage payment or fringe benefit contribution payment returned by its bank for insufficient or
uncollected funds, said Employer shall henceforth make all payments required herein by certified
funds.
The Employer shall deduct from the wages of each employee working within the jurisdiction of
the Union and who has executed an assignment, such sum as shall be certified in writing by the
Financial Secretary-Treasurer of the Union to be the then current work dues as duly adopted by
the Union, for each hour paid, which sum is the work dues due to the Union. The method of
payment shall be as hereinafter provided in Article XX.
It is agreed that the appropriate written employee assignment authorizing the aforementioned
deduction shall be for a specified amount and filed in the Fund Office and with each individual
Employer.
Neither the Fund Office nor any Trust Fund shall have any control over the work dues, except to
collect and immediately forward the amount to the Union with a copy of the report received from
the Employer. Work dues deducted from an employee’s wages are in no way to be construed as
a fringe benefit. There shall be no co-mingling of monies received for work dues.
The Employer is permitted to pay wages and job expenses by direct deposit to the employee’s
designated bank account provided the employee consents to the direct deposit method of
payment.
Effective July 1, 2018, the cost for all residential and finish work on jobs awarded after July 1,
2018 shall be decreased by a total of 5% of the current entire wage/benefit package. This may be
accomplished by any combination of benefit and/or wage reductions (such as, by way of
example only, elimination of the Supplemental Fund and/or reduction in Annuity contributions,
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in the discretion of the Union in consultation with the Association, but not through a reduction in
pension fund contributions.) The 5% reduction shall not apply to jobs that are existing,
previously awarded or Target Fund commitments as of July 1, 2018. This 5% decrease shall
NOT apply to any public work.
Employers will be required to report jobs in writing, limited to job, location, contractor,
anticipated start. Failure to report a job shall be subject to a $1,000 penalty for the first violation
and $2,000 for each violation thereafter. The Association shall notify its members that they are
required to supply the Union with a complete listing of their existing jobs as of July 1, 2018
which began on or after January 1, 2018. The Union shall notify independent contractors who
have had at least one job since January 1, 2018 of their obligation. Employers shall have till
September 4, 2018 to supply the list of current jobs to the Union.
ARTICLE VIII: FOREMAN:
Any Marble Setter and Finisher designated by the Employer as Foreman at the jobsite shall
receive an increase of $30.00 per day over the rates heretofore mentioned during the time they
are still employed from the commencement of the project to the completion of the project
regardless of the length of day. Foremen will be designated when there are six (6) employees or
more on the jobsite. The foreman shall be directly responsible to the Employer for the conduct of
the employees under the foreman’s direction. An employee will not be paid Foreman’s wages if
such employee should fail to perform the duties of the Foreman in accordance with past practice.
ARTICLE IX; HOLIDAYS & OVERTIME:
(a) The following holidays shall be observed: New Year’s Day, Martin Luther King, Jr.’s
Birthday, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veteran’s Day, Thanksgiving Day, the day following the Thanksgiving holiday,
Christmas Day, and any day following a Sunday holiday. Employees cannot be penalized for
taking days off for Religious or Cultural Holidays.
(b) The above noted holidays in Article IX(a) shall be observed for Apprentices. The
Apprentices at percentage levels through and including 40% to 60% will be paid for three (3) of
the above holidays as follows: Labor Day, Thanksgiving Day and Christmas Day. If the
Apprentice fails to show up the day before or the day after the designated paid Holiday noted
above, that Apprentice will not be entitled to pay on that Holiday. If work is available on a
jobsite, Employers cannot layoff an Apprentice to avoid Holiday pay.
| (c) | No work is to be performed on Labor Day and Christmas Day. All work performed on |
| the remaining observed holidays shall be considered as overtime (double time). | |
| (d) | Overtime shall be paid at one and one-half (1.5) times the straight time rate of pay for |
wages and fringe benefit contributions, except that work performed on Sundays and holidays will
be paid at two (2) times the straight time rate of pay for wages and fringe benefits. Work that
exceeds the seventh (7th) hour (the 8th hour on eight (8) hour jobs) on Saturdays will be paid at
double time only with the permission of the Union. Permission to work after the seventh (7th)
hour on Saturdays must be approved by the Union.
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ARTICLE X: EMPLOYMENT PRACTICES:
The Employer shall be the judge of the competency of the Employee and shall be at liberty to
employ and discharge with just cause whomsoever they see fit. The composition of manpower
on the jobsite shall consist of an 80%-20% ratio that is, where five (5) or more Marble Setters are
employed on a project, the first four (4) Marble Setters are selected by the Employer and the fifth
(5th) Marble Setter shall be designated by the Union, if available.
Thereafter, the Employer shall select the sixth Marble Setter and the Union shall select the
seventh Marble Setter, etc. going forth in similar fashion if additional Marble Setters are needed.
The same conditions will apply to the hiring of Marble Finishers.
If there are no Union members available for work, the Employer may employ such workers as
they may see fit, providing seventy-two (72) hours written notice is given to the Union.
The parties to this Agreement agree that their shall be no unlawful discrimination with regard to
employment because of race, sex, color, creed, religion, national origin, age, handicap, marital
status, sexual orientation or affection preference, disability, citizenship status or legal alienage in
all employment decisions.
Marble workers shall be at liberty to work for whomsoever they see fit. The business agent does
have the right to pull marble workers from any job to cover another job, after having advised the
Employer beforehand and provided the Employer agrees.
ARTICLE XI: TRAVELING CONTRACTORS:
When the Employer has any work to be performed outside of the area covered by this Agreement
and within the area covered by an Agreement with another affiliate of the International Union of
Bricklayers and Allied Craftsmen, the Employer agrees to abide by the full terms and conditions
of the Agreement in effect in the jobsite area. Employees covered by this Agreement who are
sent to projects outside of the areas covered by this Agreement shall be paid at least the
established minimum wage scale specified in this Agreement, but in no case less than the
established minimum wage scale of the local in the area.
This Agreement covers the territory in which such work is being performed, plus all
contributions specified in the jobsite local Agreement. The Employer shall, in all other matters,
be governed by the provisions established in the jobsite local Agreement. If employees are sent
to work on a project in an area where there is no local Agreement covering the work specified in
this Agreement, the full terms and conditions of this Agreement shall apply.
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ARTICLE XII; APPRENTICE COMMITTEE:
There shall be a Local 7 apprenticeship committee formed, consisting of one (1) representative
from the Employer Association and one (1) representative from the Union. The apprenticeship
committee shall promulgate rules and regulations with respect to apprenticeship training which
shall be in conformity with Federal, State and Local laws and guidelines and with the
requirements of the New York State Bureau of Apprenticeship Training. The Apprentice
program shall be expanded to five (5) years.”
Apprentice Wages shall be as follows:
• 1st 3,000 hours, 40% of the respective Journeyman’s rate;
• 3,001 – 3,750 hours, 60% of the respective Journeyman’s rate;
• 3,751 – 4,500 hours, 65% of the respective Journeyman’s rate;
• 4,501 – 5,250 hours, 70% of the respective Journeyman’s rate;
• 5,251 – 6,000 hours, 75% of the respective Journeyman’s rate;
• 6,001 – 6,750 hours, 85% of the respective Journeyman’s rate;
• 6,751 – 7,500 hours, 95% of the respective Journeyman’s rate;
• 7,501+ hours, 100% of the respective Journeyman’s rate.
Employer contributions to the fringe benefit funds on behalf of apprentices shall be made based
upon the apprentice’s percentage of the Journeymen’s rate of pay, except for: (1) Pension
contributions shall be paid at 100% of the Journeymen’s rate for apprentices training and (2)
Welfare contributions shall be paid at the following Journeyman’s rate: 40% to 75% level
Apprentices shall be paid at 75% of the Journeyman’s rate. When the Apprentice reaches the
85% level, Welfare contributions shall be paid at 100% of the Journeyman’s rate.
Apprentices may be utilized as Marble Finishers during the first 3,000 hours of the apprentice
program.
Apprentices shall be paid for three (3) holidays as noted in Article IX(b) while at 40% and 60%
levels.
Apprentices covered by this Agreement who commence the program after July 1, 2018 shall be
compensated at 40% of the joumeyperson rate. Such Apprentices shall remain at the 40%
compensation rate until they have performed 3,000 hours of bargaining unit work. Once such
hours have been attained, the Apprentice shall be compensated at 60% of the joumeyperson rate.
Thereafter, the wage progression for such Apprentices will remain as stated above.
If an Employer utilizes a 60% and higher Apprentice as a Marble Finisher, it will be subject to a
proceeding before the Joint Trade Board which upon a finding of guilt, will issue a penalty
against the Employer.
The cost of welfare benefit for Apprentices shall be equal to their percentage of the
joumeyperson rate of pay.
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ARTICLE XIII; UNLOADING TRUCKS:
The Parties agree that this section is an accommodation to the Association and is NOT intended
to circumvent the Marble Finisher or Marble Craft.
The Marble Finishers have jurisdiction over unloading of marble material at the project. As an
exception to the general rule, in absence of a Marble craft member at such project and in
furtherance of the job running smoothly and expeditiously, the Employer shall notify the
Business Agent for such area. Thereafter, the Employer can utilize the Local 7 Tile Finisher to
unload marble material. Such “unloading” shall not be a daily occurrence.
Example: Truck delivery comes in at 10:00 A.M. with half the load of marble
material. Marble Finishers are not present on jobsite. Instead of a Company
sending Marble Finishers from one jobsite to another (too much down time back
and forth), Company will have Local 7 Tile Finishers unload after notifying the
Business Agent.
ARTICLE XIV; SCAFFOLDING AND LADDERS:
Where the use of scaffolding is required, the Employer shall furnish the proper scaffolding and
ladders, in addition to, sufficient anchoring wire, dowels and other setting materials required to
properly install the work. Also, a gang box shall be provided by the Employer for the protection
of the employees tools and clothes. Where applicable, a dressing room or shed shall be provided.
The Employer shall furnish all drills and power tools. All carbide tip tools shall be furnished by
the Employer. The Employer shall be responsible for the loss of any tools and clothing caused by
Employer’s negligence and such liability shall not exceed the sum of $300.00. All such ladders,
scaffolds and tools shall be in accordance with the rules and regulations of NYOSH and OSHA.
ARTICLE XV: DELEGATES:
Union officials and field representatives may enter upon any jobsite, at any time where members
of the Union may be working provided, that they shall in no way interfere with the Employer’s
business or the conduct of the job.
ARTICLE XVI: WORK AND SAFETY METHODS:
There shall be no limitation as to the amount of work employees shall perform during their
working day, neither shall any quotas be given or enforced by the Employer.
The use of machinery, pneumatic tools, appliances and methods shall not be restricted or
interfered with, except where the operation of the same would impair the health of the workers.
All employees working at the jobsite shall be required to wear safety helmets, eye protection and
shoes.
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When conditions warrant, in order to safeguard life and limb, the Employer shall allow the
necessary time for the proper removal of ladders, scaffolds, and working equipment before the
end of each work period whenever employees are working on buildings. The same condition
shall prevail on overtime work. Employees shall be allowed necessary time to pack tools and to
reach locker rooms with equipment before the end of each work period.
It is agreed by and between the parties that all Marble workers who complete forty (40) hours of
OSHA requirements shall be compensated.
It is the intention of all parties that every Employer, every Union, and every worker should
comply in every way possible to eliminate hazards and meet all safety requirements.
ARTICLE XVII: SETTLEMENT OF DISPUTES;
Neither the Union nor its members, agents, representatives, or employees, or persons
acting in concert with them, shall directly or indirectly incite, encourage, authorize, or participate
in any strike, walkout, slowdown, sick-out, or other work stoppage of any nature, whether or not
the work stoppage or its cause relates to an issue that is subject to or covered by the grievance
procedure contained herein. Nothing herein contained shall be construed as to prohibit any
member of the Union to preserve its International Constitutional rights to honor any valid picket
line or notice of strike established by a bona fide labor organization, except as provided by
applicable law.
All grievances, complaints, or disputes between the Union and the Employer arising out of
this Agreement, or as to the meaning, interpretation, application or alleged violation of any
provision or provisions of this Agreement shall be submitted in writing or by facsimile and the
aggrieved party shall file a statement of grievance, complaint, or dispute with M.l.N.Y. The
grievance, complaint, or dispute shall be submitted for final and binding determination to the
Joint Trade Board to act as a Board of Arbitration. The Joint Trade Board shall also hear and
determine disputes concerning alleged violations of any rules or decisions made by the Joint
Trade Board.
(1) The Joint Trade Board shall consist of representatives of the Union, who are authorized
to act on behalf of the Union and the representatives of M.l.N.Y.
(2) The Chairman and Secretary of the Joint Trade Board shall be the President and
Secretary of M.l.N.Y., or their designated alternates.
(3) The Joint Trade Board shall convene within seventy-two (72) hours at the request of the
aggrieved party, after receipt of a written complaint filed by the aggrieved party, as provided in
paragraph ten (10) hereunder.
(4) The Joint Trade Board may formulate such rules as may be of mutual interest to the
industry, which are not specifically set forth in this Agreement.
(5) Each side shall be entitled to one (1) vote. Each side shall determine for itself how its
vote is to be cast.
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(6) In case of a disagreement between M.I.N.Y. and the Union, the matter shall be
submitted to an impartial arbitrator designated by the American Arbitration Association
(“AAA”) for final and binding arbitration within forty-eight (48) hours after the Joint Trade
Board fails to agree, upon demand of either party. The arbitrator shall have all the powers
granted to arbitrators pursuant to the Civil Practice Laws and Rules of the State of New York.
The cost and expense of any A.A.A. arbitration procedure shall be borne equally by M.I.N.Y.
and the Union.
(7) The decision of the Joint Trade Board regarding grievances, complaints and disputes
arising from this Agreement shall be final, conclusive and binding upon the parties and not open
to review, except upon presentation of new evidence accepted as such by the Joint Trade Board,
as justifying a reopening of the case before the Joint Trade Board.
(8) The parties further agree to be bound by the decisions and awards rendered by the
Building Trades Employers’ Association of the City of New York made pursuant to the Joint
Trade Arbitration Plan of the New York Building Trades Council (“New York Plan”) adopted
July 9, 1903, as amended, with respect to all jurisdictional disputes which may arise within the
geographical jurisdiction of this Agreement.
(9) The Joint Trade Board shall have the power to summon before it any of the Unions or
other members and their Employer signatory to this Agreement.
(10) All grievances, complaints and disputes must be filed in writing or by facsimile, but no
grievance, complaint or dispute will be entertained, and will be considered abandoned, if not
filed within seven (7) days of the occurrence of the incident, except that the Joint Trade Board
may waive the time limitation in any case.
(11) Any decision or award of the Joint Trade Board or of the impartial arbitrator designated
by the AAA shall be final, conclusive and binding upon the parties and may be enforced as any
other arbitration award in accordance with the laws of the State of New York.
(12) Should an accused party fail to appear before a meeting of the Joint Trade Board, after
being summoned by notice via certified mail, return receipt requested or via facsimile, without
an excuse satisfactory to such Board, the charges presented shall then be considered as sustained.
Notice of re-hearing before the Joint Trade Board shall be made by regular mail, email, or by
facsimile transmission.
(13) The Secretary of the Joint Trade Board must promptly send a copy of the Minutes of all
Joint Trade Board meetings to the office of the Union within five (5) working days to such
meeting.
(14) The decision or award of the Joint Trade Board or an impartial arbitrator designated by
the AAA shall provide appropriate relief against the party found to be in violation. The decision
and award in each case shall further provide that in the event the Employer found to be in
violation fails to comply with any directive contained in the decision and award, the Union shall
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immediately withhold all employees from the Employer until it complies with all such terms of
the decision and award.
(15) If the Union thereafter fails to comply with the directive contained in the decision and
award of the Joint Trade Board including, specifically, the direction to withhold employees from
an Employer found to be in violation until the Employer complies with said decision and award,
any other Employer or Employers signatory to the Agreement shall have the option, individually
or in concert, to abrogate all of the provisions of this Agreement and to declare it null and void.
(16) In the event a decision and award favorable to the Union or Fringe Benefit Funds is
rendered regarding delinquent fringe benefit contributions, payroll audit obligations or any other
violation of this Agreement, such decision and award shall contain a directive that the Employer
pay contractual damages, including but not limited to back pay, injunctive relief, interest,
reasonable attorney’s fees and penalties, and audit costs. In any proceeding to confirm a decision
and award of the Joint Trade Board, service may be made by registered or certified mail, return
receipt requested within or without the State of New York, as the case may be. The Union and
the Funds may elect either litigation or Joint Trade Board arbitration proceedings in their sole
and absolute discretion. If the Union and the Funds select one remedy, they should retain the
right to pursue the other remedy. Additionally, neither option should ever be denied to the Union
and the Funds on the grounds of failure to exhaust remedies.
(17) Any Union member or member of M.I.N.Y., who presides on the Joint Trade Board and
is directly involved in any case brought before the Joint Trade Board, shall withdraw from the
Joint Trade Board until the case is settled and an alternate shall fill the temporary vacancy.
ARTICLE XVIII: SUBCONTRACTING PROVISIONS:
If the Employer hereunder subcontracts all or any part of the work covered under this Agreement
to be performed at a jobsite regarding alteration, repair or construction of a building structure, or
other work, it is agreed that the Employer shall subcontract the work covered under this
Agreement only to a subcontractor signatory to this Agreement.
ARTICLE XIX: AFFILIATED AND/OR RELATED COMPANIES:
Section A:
In order to protect and preserve, for the employees covered in this Agreement, all work
heretofore performed by them, and in order to prevent any device or subterfuge to avoid the
protection and preservation of such work, it is hereby agreed as follows: if and when the
Employer shall perform any work of the type covered by this Agreement at the site of a
construction project, under its own name or under the name of another, as a corporation,
company, partnership, or any other business entity, including a joint venture, wherein the
Employer (including its officers, directors, owners, partners or stockholders) exercises either
directly or indirectly (such as through family members) any significant degree of ownership,
management or control, the terms and conditions of this Agreement shall be applicable to all
such work.
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Section B:
All charges and violations of Section A of this Article shall be considered as a dispute under this
Agreement and shall be processed in accordance with the procedures for the handling of
grievances and the final binding resolution of disputes, as provided in Article XVI of this
Agreement. As a remedy for violations of this section, the arbitrator (or arbitration body)
provided for in Article XVI is empowered, at the request of the Union, to require an Employer
to: (1) pay to affected employees covered by this Agreement, including registered
applicants for employment, the equivalent of wages, lost by such employees as a result of the
violations, and (2) pay into the affected joint trust funds established under this Agreement any
delinquent contributions to such funds which have resulted from the violations, including such
interest as may be prescribed by the Trustees or by law. Provision for this remedy herein does
not make such remedy the exclusive remedy available to the Union for violation of this section,
nor does it make the same or other remedies unavailable to the Union for violations of other
sections or articles of the Agreement.
Section C:
If, as a result of any violations of the Article, it is necessary for the Union and/or the Trustees of
the joint trust funds to institute court action to enforce an award rendered in accordance with
Section B above and Article XVI, or to defend an action which seeks to vacate such award, the
Employer shall pay any accountants’ and attorneys, fees incurred by the Union and/or the Fund
Trustees, plus costs of the litigation, which have resulted from the bringing of such court action.
ARTICLE XX; FRINGE BENEFIT PAYMENTS:
(See attached schedule for wage allocations and fringe benefit information)
(A) Employers of Marble workers in each of the Marble trades in the bargaining unit shall
pay the contribution rate for each hour of employment of such Marble workers to the MARBLE
INDUSTRY TRUST FUNDS for the purpose of providing benefits for death, health, accident,
hospitalization, medical, etc. for the benefit of Marble workers and their eligible dependents. The
hourly rate of contribution shall be in accordance with the annexed schedule.
(B) Employers of covered employees in the bargaining unit shall pay the contribution rate for
each hour of employment of such Marble workers to the MARBLE PENSION TRUST FUNDS
for the purposes of providing pension benefits to Marble Workers. The hourly rate of
contribution shall be in accordance with the annexed schedule.
(C) Employers of covered employees in each of the Marble trades in the bargaining unit shall
pay the contribution rate for each hour of employment of such Marble workers to an existing
trust fund for the purpose of providing vacation benefits to Marble workers. The hourly rate of
contribution shall be in accordance with the annexed schedule. Payments are to be treated by the
Employer as additional wages and taxes are to be deducted by the Employer from the employee
wages before the full amount of the contributions are paid to the Fund Office.
(D) Employers of covered employees in the bargaining unit shall pay the contribution rate for
each hour of employment of such Marble workers to an existing trust fund for the purpose of
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providing VESTED ANNUITY BENEFITS to Marble workers. The hourly rate of contribution
shall be in accordance with the annexed schedule.
(E) Employers of covered employees in the bargaining unit shall pay the contribution rate for
each hour of employment of such Marble workers to an existing trust fund for the purpose of
providing ADDITIONAL SECURITY BENEFITS to Marble workers. The hourly rate of
contribution shall be in accordance with the annexed schedule.
(F) Employers of covered employees in the bargaining unit shall pay the contribution rate for
each hour of employment worked, not calculated on the hours an employee is paid, of such
Marble Workers to an existing Promotion Fund and to the International Masonry Institute
(“IMI”), and shall be provided in accordance with Article XXI herein. The hourly rate of
contribution shall be in accordance with the annexed schedule.
(G) Employers of covered employees in the bargaining unit shall pay the contribution rate for
each hour of employment worked, not calculated on the hours an employee is paid, for such
Marble workers to an existing trust fund for the purposes of providing participation in the
International Pension Fund, hereinafter called the Bricklayers and Trowel Trade International
Pension Fund (“International Pension”), and shall be provided in accordance with Article XX
herein. The hourly rate of contribution shall be in accordance with the annexed schedule.
1. (a) For each hour in which an employee worked, not calculated on the hours the
employee is paid, the Employer shall make a contribution to the above named
International Pension Fund in accordance with the annexed schedules.
(b) For the purpose of this Article, each hour paid for, including hours attributable
to show up time, and other hours for which pay is received by the employee in
accordance with this Agreement, shall be counted as hours for which
contributions are payable except as stated above to the contribution paid to the
International Pension, IMI and Promotion Fund, which shall be calculated as
hours the employee worked, and not calculated on the hours the employee is
paid.
(c) Contributions shall be paid on behalf of any employee starting with the
employee’s first day of employment in a job classification covered by this
Agreement.
(d) The payment to the Pension Fund required above shall be made payable to the
Bricklayers and Trowel Trades International Pension Fund, which was
established under an Agreement and Declaration of Trust, dated September
22, 1994. Such payment shall be included in the purchase of contribution
receipts as provided in the next Article.
2. The Employer hereby irrevocably designates as its representatives on the
Board of Trustees, such Trustees as are now serving, or who will serve in the
future, as Employer Trustees, together with their successors.
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3. The Pension Plan adopted by the Trustees of said Pension Fund shall at all
times conform with the requirements of the Internal Revenue Code so as to
enable the Employer at all times to treat contributions to the Pension Fund as a
deduction for income tax purposes.
(H) Employers of Marble Workers in the bargaining unit shall deduct work dues as
authorized by employees under the full contractual wage package for Local 7. Any such amounts
so deducted shall be included in the purchase of contribution receipts as provided in the next
Article.
(I) The Employer agrees to and shall be bound by all terms and conditions of the Trust
Agreements creating the Trust Funds set forth in this Article of the Agreement and by any rules,
regulations or By-Laws adopted by the Trustees of the Funds to regulate said Fund, as they may
be amended from time to time.
ARTICLE XXI: FRINGE BENEFIT PROCEDURES AND PROTECTION:
Each of the foregoing trusts, except the Bricklayers and Trowel Trades International Pension
Fund and the International Masonry Institute, shall be administered as heretofore by the Board of
Trustees, with the Employer Trustees selected and appointed by M.I.N.Y. and the Union
Trustees selected and appointed by the Union, each having voting power.
Full time paid officials, or employees of the Union shall be eligible for welfare, pensions and
other benefits provided payments are made on their behalf by the Union.
Methods of collection and administration of the various trusts shall at all times be under the
protection, supervision and control of the Board of Trustees.
Payment of all fringe benefits contributions set forth in Article XIX above, shall be made
through the purchase of contribution receipts under the Contribution Receipt System (“CRS”)
administered by the Marble Industry Trust Fund Administrators. An employee shall immediately
cease working for any Employer who has failed to enclose the proper weekly amount of
contribution receipts in the employee’s weekly pay envelope.
(1) Employer contributions for all funds shall be through the purchase of prepaid
contribution receipts. The contribution and administration of contribution receipts shall be under
the control of the Board of Trustees of the respective funds. Contribution receipts shall be
enclosed each week in the pay envelopes of the respective employees.
(2) When an employee works for an Employer for more than one (1) weekly payroll period
without receiving the proper weekly amount of contribution receipts and does not report the
discrepancy to the Union, the employee shall immediately cease to be eligible for benefits until
such time as a complete audit of the Employer’s payroll is made to determine said Employer’s
fringe benefit liability, and payment in full for fringe benefits from said Employer is received on
behalf of all employees by the Fringe Benefit Funds.
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(3) Subject to the provisions of Article VII, all payments for contribution receipts shall be by
check for members of M.I.N.Y, All payments by independent Employer’s shall be by certified
check, cashier’s check or money order. No contribution receipts shall be furnished to any
delinquent Employers. Any Employer whose check is returned for insufficient funds or
cancellation shall thereafter pay by certified check.
(4) Any employee who does not receive contribution receipts by one (1) hour before the end
of the work day shall be entitled to two (2) hours additional wages and fringe benefits at double
time rates. The employee shall return the next morning and report to the job for two (2) days and
be entitled to pay for two (2) days if the employee stays on the job without receiving their pay
for the two (2) days hereinbefore mentioned, except upon a decision by the Joint Trade Board of
circumstances beyond the Employer’s control. This payment shall not be in addition to penalties
for unpaid wages and fringe benefit contributions via contribution receipts as provided for
herein.
(5) The Union shall not permit their members to work for any Employer or person who as an
individual, partner, or employee of a partnership, or as an officer, stockholder, or employee of a
corporation has not paid when due, wages to Marble Workers or money payable to the Fringe
Benefit Funds referred to in Articles XIX and XX, and who thereafter seeks to employ such
Marble Worker employees or supervises workers either directly or as a partner or employee or
another partnership or as an officer, partner, or employee of another corporation or as a joint
venture.
(6) All of the books and records of each Employer, in addition to any affiliate, subsidiary,
alter ego, joint venture or other related company of the Employer, deemed pertinent by the
Trustees shall be made available for inspection, copying and audit by the accountants of the
Fringe Benefit Funds. Once an Employer has been notified in writing that they will be audited,
the Employer shall have a period of thirty (30) days to schedule a payroll audit with the Fund
Auditors. If the Employer fails to schedule a payroll audit within the thirty (30) day period, or
refuses to schedule an audit, the Funds, in its discretion, shall immediately assess the Employer
$1,000.00 for failure to cooperate and provide audit access to the Fund Auditor. Any Employer
whose account with the above funds is found upon regular or special audit ordered by the
Trustees to be delinquent shall be charged with the full cost of such audit, in addition to the
fringe benefits delinquency, as well as interest from the date due at the rate charged prime, plus
3%. If the fringe benefit delinquency is due to the unintentional mistake of the Employer, the
Joint Trade Board, in its sole discretion, may waive the additional charges and assessments if
warranted. If legal action or arbitration proceeding is necessary to obtain the audit or collect the
amount indicated to be due in fringe benefits, then there shall be added liquidated damages at
twenty percent (20%), interest at ten percent (10%), reasonable attorney’s fees at twenty five
percent(25%) and actual audit costs. Upon termination of operations and/or abrogation of this
Agreement, the Employer will be required to submit to a close-out audit of its books and records
to insure recovery of any fringe benefit delinquencies found as a result of an audit examination.
(7) To enable the Funds to maintain an effective collection process and to promptly and
efficiently collect timely fringe benefit contributions, the Funds will pursue Employers for
interest on the late-arriving and untimely payment of fringe benefit contributions pursuant to
interest collection program protocols established and adopted by the Fund Trustees. The Funds’
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receipt or acceptance of late payment of contributions, whether or not such payment is in
response to a notice from the Union, the Fund Office or Legal Counsel, shall not constitute a
waiver of interest by the Funds, and the Union and the Funds reserve the right to seek interest on
the late payment of contributions received in accordance with the protocols adopted by the Fund
Trustees even in the absence of a lawsuit. Interest will accrue at the rate of three percent (3%)
plus prime, not to exceed ten percent (10%) per annum.
(8) Where an employee and Employer are found by the Joint Trade Board to have evaded the
payment of fringe benefits and union contributions by paying in cash or equivalent, or by failure
to attach contribution receipts for fringe benefits to pay envelopes, or to receive same by
employees in pay envelopes respectively, or to any similar arrangement between the Employer
and the employee, the Employer shall be fined for failure to include proper contribution receipts
in weekly pay envelopes. The Union shall be obligated to bring charges against the employee
involved and, if found guilty, the employee shall be fined for failing to report not receiving the
required contribution receipts in their weekly pay envelopes. Where an Employer is found by
the Joint Trade Board to have evaded the payment of fringe benefit contributions, the fine
imposed by the Joint Trade Board shall be paid to the Marble Industry Welfare Fund.
ARTICLE XXII; UNION MEMBERS AS CONTRACTORS:
Any person subject to the provisions of this contract who works in the trade jurisdiction of the
Union and has a financial interest in a company, either direct or indirect, which is signatory to
this Agreement, whether the interest be as sole proprietor, or relation, partner, shareholder, or
some similar financial interest, shall pay union dues on the basis of a minimum of one hundred
sixty (160) hours per month for the duration of this Agreement, and shall contribute to the fringe
benefit funds in the same manner or, in the alternative, contribute to a maximum of hours worked
above the one hundred sixty (160) hours per month for the duration of this contract, if it can be
shown that such work exceeded one hundred sixty (160) hours per month.
ARTICLE XXIII: SEVERABILITY – NO CONFLICTING AGREEMENTS:
No by-laws, resolutions or working rules conflicting with this Agreement shall be adopted or
enforced by either the Employer or the Union during the term of this Agreement without the
consent of the parties hereto.
If at any time any provision of this Agreement is deemed to be void or illegal by a court of
competent jurisdiction or a change in law or regulation, such change shall not invalidate the other
portions of this Agreement. Rather, such clause shall be stricken out and the remaining portions
of this Agreement shall be considered binding between the parties. The parties reserve the right
to renegotiate any invalidated provision.
Independent Employer’s signatory to this Agreement shall be bound by the terms and conditions
of this Agreement, in addition to any amendments, modifications, extensions and/or renewals
entered into between the Employer and the Union during the term of this Agreement.
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ARTICLE XXIV; MOST FAVORED EMPLOYER:
The Union agrees that in the event it provides more favorable terms to any individual Employer
signatory to this Agreement, or enters into any contract with and/or permits any individual
Employer within the territorial jurisdiction of the Union to work under more favorable terms for
such Employer, including rates of pay or conditions of employment than are provided in this
Agreement, it will and hereby does authorize the members of M.I.N.Y. and any Employer
represented by the Association, to adopt those more favorable terms at their option. The adopted
and favorable terms and conditions will immediately and automatically become a part of this
Agreement.
ARTICLE XXV: MANAGEMENT RIGHTS:
The Union recognizes and agrees that the Employer reserves and retains the sole and exclusive
right to manage its operations and to direct the working force except to the extent that the
express provisions of this Agreement specifically limit or qualify this right.
These rights include, but are not limited to, the following: directing the jobsite work force,
including hiring of personnel, selection of all supervisory employees, selecting material and
equipment to be used or installed, utilizing any work methods, procedures, techniques of
construction, or laborsaving devices or machines, establishing job site rules and regulations,
determining when overtime work is required, and who shall perform overtime work, designation
of work to be subcontracted, and selection of all subcontractors, determining the number of men
and craft supervisory personnel required to perform the work.
The Union will furnish a list of Marble Signatories Contractors to the Association & indicate if
signatories are Owner/Operator.
ARTICLE XXVI: DEFINITION OF EMPLOYEE:
The term “employee” as used in this Agreement, shall not include anyone in a supervisory capacity
or other representative of Management, or any person who is a stockholder, or is in any way directly
or indirectly financially interested in the Employer’s business enterprise, with the exception of the
one hundred sixty (160) hour provision as referenced in Article XXL
ARTICLE XXVII; DURATION AND TERMINATION:
This Agreement shall be effective for the period July 1, 2022 to June 30, 2028. This Agreement,
and any amendments hereto, shall automatically renew itself and continue in full force and effect
from year to year unless written notice of election to terminate or modify any provision of this
Agreement is given by one party by registered or certified mail, return receipt requested, and
received by the other not later than March 30, 2028 or March 31st of any succeeding year. The
Union shall maintain a list of Employer signatories to the CBA and agrees to supply the
Association with a copy of the current list of Employer signatories to the CBA upon signing of
the Agreement and as additional signatories are added.
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Pursuant to Section 8(d) of the National Labor Relations Act, where the Union or M.I.N.Y.
desire to terminate or modify this Agreement, the party desiring termination or modification of
the Agreement must serve written notice by registered or certified mail, return receipt requested
of the proposed termination or modification sixty (60) days prior to the expiration date of this
Agreement. The party desiring termination or modification must notify the Federal Mediation
and Conciliation Service (FMCS) within thirty (30) days after such notice of the existence of a
dispute, and must simultaneously notify the state agency established to mediate and conciliate
disputes.
This Agreement shall be binding upon and shall inure to the benefit of each party herein, and any
successor thereto resulting from a merger, consolidation or other reorganization or restructuring.
No provision of this Agreement shall be modified, amended or terminated, except by a writing
specifically referring to this Agreement and signed by all of the parties hereto.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the date and year first above written, in the City of New York, State of New York.
Effective Date: July 1, 2022
MARBLE INDUSTRY OF NEW YORK, INC.
MARBLE CARVERS, CUTTERS AND SETTERS
UNION, LOCAL NO. 7 OF THE INTERNATIONAL
UNION OF BRICKLAYER AND ALLIED CRAFTSMEN
and THE COMPACT LABOR CLUB OF MARBLE
WORKERS, RIGGERS, CRANE AND DERRICKMEN
OF NEW YORK AND VICINITY LOCAL UNION NO. 7,
TILE, MARBLE, AND TERRAZZO, AFL-CIO.
By:
William Hill, President
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SCHEDULE “A”
AGREEMENT BY INDEPENDENT EMPLOYER
The undersigned Employer acknowledges that it has read the Agreement between the Marble Industry of
New York, Inc., (M.I.N.Y.), the Marble Carvers, Cutters and Setters Local Union No. 7 of New York and the
Compact Labor Club of Marble Workers, Riggers, Crane and Derrickmen of New York and Vicinity, Local
No. 7. The jurisdiction of this Agreement covers greater New York, all of Long Island, the entire state of New
Jersey and the counties of Sullivan, Ulster, Dutchess, Putnam and Orange as set forth in the foregoing pages of
said Collective Bargaining Agreement of which the independent Employer acknowledges it has received, and
agrees to abide and be absolutely bound by such Agreement or any modifications or amendments that may be
executed between the above parties during the term of said Agreement. The undersigned is affixing its
signature in a dual capacity, both on behalf of itself and on behalf of the Employer, and represents by its
signature its authority to bind the firm, the principals and members thereof, as well as itself.
It shall be the duty of the Union appointed shop steward to file timely, complete and accurate shop
steward’s reports with the Union and the Fund office on forms provided by the Union for this purpose. The
Employer agrees that the shop steward will not be discharged until after proper notification has been given to
the Union. Further, when employees are laid off, the shop steward will be the last employee laid off, provided
the shop steward is capable of performing the work in question; it being understood and agreed that the shop
steward’s duties shall not include any matters relating to referral, hiring or termination of employment. The
Union agrees that these functions of the shop steward shall be carried out in such manner that does not
interfere with the performance of work for the Employer by the shop steward or other employees on the job. In
addition, the independent Employer agrees that when two (2) employees are employed on a job within the
Marble craft of Local No. 7, one of those Local No. 7 employees shall be assigned by the Union and shall be a
shop steward and shall remain on the job until completed. Thereafter, a hiring practice of a 50%- 50% ratio
shall apply on any additional manpower.
Pursuant to Section 8(d) of the National Labor Relations Act, where the Union or Independent Employer
desire to terminate or modify this Agreement, the party desiring termination or modification of the Agreement
must serve written notice by registered or certified mail, return receipt requested, of the proposed termination
or modification sixty (60) days prior to the expiration date of this Agreement. The party desiring termination
or modification must notify the Federal Mediation and Conciliation Service (“FMCS”) within thirty (30) days
after such notice of the existence of a dispute, and must simultaneously notify the state agency established to
mediate and conciliate disputes.
Date: Federal Tax I.D. No.:
Employer:
Signature and Title:
Individually Signed:
Address:
| Telephone No.: Email: |
Facsimile No: |
Accepted by: THE MARBLE CARVERS, CUTTERS & SETTERS UNION, LOCAL UNION NO. 7, TILE,
MARBLE, AND TERRAZZO, AFL-CIO and THE COMPACT LABOR CLUB OF MARBLE WORKERS,
RIGGERS, CRANE AND DERRICKMEN OF NEW YORK AND VICINITY, LOCAL UNION NO. 7 TILE,
MARBLE, AND TERRAZZO, AFL-CIO.
BY:
Local Union No. 7 Union Representative
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SCHEDULE “B”
STANDARDS OF EXCELLENCE
The purpose of these Standards of Excellence is to reinforce the pride of every construction
worker and the commitment to be the most skilled, most productive and safest workforce
available to construction Employers and users in the City of New York. It is the commitment of
every affiliated local union to use our training and skills to produce the highest quality work and
to exercise safe and productive work practices.
The rank and file members represented by the affiliated local unions acknowledge and adopt
the following standards:
> Provide a full day’s work for a full day’s pay;
> Safely work towards the timely completion of the job;
> Arrive to work on time and work until contractual quitting time;
> Adhere to contractual lunch and break times;
> Promote a drug and alcohol free work site;
> Work in accordance with all applicable safety rules and procedures;
> Allow union representatives to handle job site disputes and grievances without
resort to slowdowns, or unlawful job disruptions;
> Respect management directives that are safe, reasonable and legitimate;
> Respect the rights of co-workers;
> Respect the property rights of the owner, management and contractors.
The Unions affiliated with the New York City Building and Construction Trades Council will
expect the signatory contractors to safely and efficiently manage their jobs and the Unions see this as
a corresponding obligation of the contractors under these Standards of Excellence. The affiliated
unions will expect the following from its signatory contractors:
> Management adherence to the collective bargaining agreements;
> Communication and cooperation with the trade foremen and stewards;
> Efficient, safe and sanitary management of the job site;
> Efficient job scheduling to mitigate and minimize unproductive time;
> Efficient and adequate staffing by properly trained employees by trade;
> Efficient delivery schedules and availability of equipment and tools to ensure
efficient job progress;
> Ensure proper blueprints, specifications and layout instructions and material are
available in a timely manner;
> Promote jobsite dispute resolution and leadership skills to mitigate such disputes;
> Treatment of all employees in a respectful and dignified manner acknowledging
their contributions to a successful project.
The affiliated unions and their signatory contractors shall ensure that both the rank and file
members and the management staff shall be properly trained in the obligations undertaken in
these Standards of Excellence.
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SCHEDULE “C”
WAGE ALLOCATION AND FRINGE BENEFIT SCHEDULES
1. Base wages for the Marble Setters shall be increased eight and three quarter percent
(8%%) over the term of the contract as outlined below:
• Effective July 4, 2022, increase shall be $0.63
• Effective December 31, 2022, increase shall be $0.63
• Effective July 1, 2023, increase shall be $0.76
• Effective December 31, 2023, increase shall be $0.75
• Effective July 1, 2024, increase shall be $0.76
• Effective December 31, 2024, increase shall be $0.75
• Effective July 1, 2025, increase shall be $0.76
• Effective December 31, 2025, increase shall be $0.75
• Effective July 1, 2026, increase shall be $0.76
• Effective December 31, 2026, increase shall be $0.75
• Effective July 1, 2027, increase shall be $0.75
• Effective December 31, 2027, increase shall be $0.75
2. Base wages for the Marble Finishers shall be increased seven and one-half percent
(714 %) over the term of the contract as outlined below:
• Effective July 4, 2022, increase shall be $0.53
• Effective December 31, 2022, increase shall be $0.53
• Effective July 1, 2023, increase shall be 0.53
• Effective December 31, 2023, increase shall be $0.53
• Effective July 1, 2024, increase shall be $0.53
• Effective December 31, 2024, increase shall be $0.53
• Effective July 1, 2025, increase shall be $0.53
• Effective December 31, 2025, increase shall be $0.53
• Effective January 1, 2026, increase shall be $0.53
• Effective December 31, 2026, increase shall be $0.53
• Effective July 1, 2027, increase shall be $0.53
• Effective December 31, 2027, increase shall be $0.54