TRADE AGREEMENT
Between
ENTERPRISE ASSOCIATION
LOCAL UNION 638
Steam, Hot Water, Hydraulic, Sprinkler,
Pneumatic Tube, Ice Machine and General Pipe
Fitters of New York and Vicinity, Local Union No.
638 of the United Association of Journeymen and
Apprentices of the Plumbing and Pipe Fitting
Industry of the United States and Canada
and
MECHANICAL CONTRACTORS ASSOCIATION
OF
NEW YORK, INC.
Effective April 1, 2024
Terminates March 31, 2027
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FORWARD
The Association and Employers hereby recognize Steamfitters’ Local Union 638 of the United
Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and
Canada as the sole and exclusive bargaining representative for all their employees performing any work covered
by this Agreement and employed by the employer in the geographical jurisdiction of the Enterprise Association,
namely, the City of New York, Nassau and Suffolk counties and all of Long Island. This Agreement together
with its Working Rules shall govern all steamfitting work performed under this Agreement by any contractor
party to or bound by and subject to this Agreement within the trade jurisdiction as set forth herein.
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INDUSTRY MISSION
It is the mission of Enterprise Association Steamfitters Local Union 638 and the Mechanical Contractors
Association of New York, Inc. to build the finest mechanical and fire suppression systems in New York City,
Nassau and Suffolk Counties. Our efforts will include providing highly skilled, productive craftsmen working a
fair day’s work for a fair day’s pay.
Employers will seek to promote the industry and support continued education and training for all personnel
and build the safest and most efficient projects possible for our customers.
Together, the Union and the Employers pledge to continue to provide the most cost effective, productive and
highest quality work anywhere in the industry.
It is our hope that the adoption of this Standard for Excellence will be the benchmark for the industry now
and in the future.
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RULES
Rules of the Enterprise Association applying to work at the steamfitting trade and its many branches, in the
City of New York and in Nassau and Suffolk Counties, New York and all of Long Island.
Rule I.
WORKING DAY
Section Ia. The hours of labor shall be seven (7) hours per day to be performed between six (6:00) o’clock
A.M. to three-thirty (3:30) o’clock P.M., as reasonably designated by the Employer with the consent of the
Union, every day for the entire work force, except Saturday and Sunday and legal holidays. The Employer shall
notify the Union twenty-four (24) hours prior to the start of any job which starts at any other time than eight
(8:00) o’clock A.M. Once the Employer has designated a starting time for a job, it may not be changed without
the consent of the Union.
Section Ib. If a contractor has not designated a 6:00 o’clock A.M. start as per Rule I, Section Ia., and when
burning, welding, soldering, chopping, core boring, drilling or material deliveries are required by the owner of an
occupied building to be done before the regular hours of labor, with the request of the Employer and with the
consent of the Union, the hours of labor shall be seven (7) hours per day to be performed between six (6) o’clock
A.M. and one-thirty (1:30) o’clock P.M. with the first hour to be paid at a fifty (50%) percent differential of the
regular rate of wages, including fringe benefits.
Section II. | No steamfitter or apprentice shall be allowed to apply to any shop or office for employment |
except between the hours of eight (8:00) o’clock A.M. and three-thirty (3:30) o’clock P.M. | |
Section III. | If a steamfitter is employed on Temporary Heat, the shift shall consist of eight (8) hours or eight |
and one-half (8 ½) hours as applicable. One or more of these shifts may be used. | |
Section IV. | Each shift shall be known as the working day for temporary heat, every day including Saturday, |
Sunday and legal holidays. | |
Section V. | The working days above named shall be known as regular time and shall be time actually |
employed at work. | |
Section VI. | Shift Work may be performed during other than the regular working day as defined in Section I. |
All Shift Work shall be performed in accordance with Rule XV.
Section VII. Where licenses are required, no steamfitter or apprentice should knowingly work for any
unlicensed contractor.
Rule II.
RATE OF WAGES
Section I. Regular time for a steamfitter except as noted in Section II of this Rule shall be paid for at the
following rates:
From April 1, 2024 to September 30, 2024, $61.80 per hour ($432.60 per day of seven (7) hours) plus $19.75 per
hour Welfare, $21.15 per hour Pension, $8.00 per hour Vacation, and $11.50 per hour Security Benefit Fund.
In addition to the above each employer shall pay $.74 per hour Educational Fund for each and every hour worked
and 1% per hour of the Journeyman Steamfitter wage rate less fringe benefits into the Industry Promotion Fund
for each and every hour worked. (See Rules XVIII, XVIII-B, XIX, XIX-B, XX, XXI, XXII, XXIII, XXIII-A and
XXIII-B.)
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ADDITIONAL INCREASES
October 1, 2024-March 31, 2025 April 1, 2025-September 30, 2025 October 1, 2025-March 31, 2026 April 1, 2026-September 30, 2026 October 1, 2026-March 31, 2027 |
$0.75 $0.75 $0.75 $1.50 $1.50 |
NEW YORK CITY PAID SICK TIME ACT. The contributions made in this section are made in lieu of paid
sick days to the employees. By the Parties agreeing to this provision, they expressly waive the provisions of the
New York State Paid Sick Leave Law and the requirements under Section 196-b of New York State Labor Law,
the New York City Paid Sick and Safe Leave Law, or comparable legislation that may be enacted by any local,
state or federal government on the basis that comparable benefits are provided to the employees covered by this
collective bargaining agreement in the form of contributions into various funds in lieu of paid days off.
The money increases stated above are all inclusive, that is, it includes wage increases and Pension, Welfare,
Vacation, Security Benefit, and Supplemental Retirement Plan 401(a) contributions respectively; the
contributions of $.74 on each hour worked to the Educational Fund and 1% per hour of the Journeyman
Steamfitter wage rate less fringe benefits to the Steamfitting Industry Promotion Fund of New York and Long
Island are over and above the agreed upon package. There will be an additional $.06 per hour worked to the
Building Trades per capita, $.03 per hour worked to the Industry Development Fund, $0.04 per hour worked to
the Labor Management Cooperation Committee and $0.10 per hour worked to the United Association Training
Fund. All are over and above the agreed upon package.
The regular hours of labor shall be seven (7) hours per day which is to be performed between the hours of six
(6:00 o’clock A.M. and three-thirty (3:30) o’clock P.M. Fractions of days worked as a result of weather, safety,
act of God, or circumstances beyond the control of the contractor shall be paid for at the same rate, but no
steamfitter or apprentice shall be employed for less than two hours. The lunch period under this Section shall be
one-half hour and at the option of the employer, and shall be between the hours of twelve (12:00) noon and
twelve-thirty (12:30) o’clock P.M., or twelve-thirty (12:30) o’clock P.M. and one (1:00) o’clock P.M. If work
starts before eight (8:00) o’clock A.M. the lunch period may be adjusted accordingly. No overtime shall be paid
for labor performed during the regular working day. Any steamfitter being laid off will receive a minimum of 7
hours pay for the day of lay off.
Section II. The wages and fringes of steamfitters working on the operation and/or maintenance of temporary
heat and/or temporary air conditioning shall be paid and increased proportionately in accordance with the
steamfitters’ effective wage rate and fringe benefit payments.
No steamfitter operating and/or maintaining temporary heat shall be employed for less than an eight-hour
shift.
Section III. Apprentices shall be paid a progressively increasing schedule of wages as noted below based on
the following percentages of the wage rate and fringes payable to journeymen steamfitters and subject to the
provisions of Rule XX with respect to payments to Apprentices for attendance at classes:
1st year – 40% of a journeyman steamfitter rate of wages and all fringes
2nd year – 50% of a journeyman steamfitter rate of wages and all fringes
3rd year – 60% of a journeyman steamfitter rate of wages and all fringes
4th year – 70% of a journeyman steamfitter rate of wages and all fringes
5th year – 80% of a journeyman steamfitter rate of wages and all fringes
Wherever Trainees are employed they shall be paid in accordance with the above apprenticeship rates.
Section III A. When apprentices are available, a contractor must hire one apprentice for each six (6) workers on
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a jobsite, e.g., six (6) workers, one (1) worker must be an apprentice; twelve (12) workers, two (2) workers must
be apprentices, etc.
Section IV. When shift work, as defined in Rule XV, or in Rule XV (f) and (g) of the Public Works
Supplement, is performed steamfitters and/or apprentices shall be paid the wage rate and fringe benefit
contribution rate for regular time worked plus a fifteen percent (15%) premium on both wages and fringe benefit
contributions.
A shift shall be worked for a minimum of five (5) days Monday through Friday. These five (5) consecutive
days must be worked under one contract on the same jobsite and/or campus.
Shift work shall be worked for a minimum of three (3) days Monday through Friday when working at a
college or university. These three (3) consecutive days must be worked under one contract on the same job site
and/or campus. Additionally, Contractors may request to work a shift for a minimum of three days at a hospital
prior to the start of a shift, and the Union shall not unreasonably deny such request.
Section V. | When the sixth (6th) steamfitter is employed on a particular job, a Foreman’s rate of Two Dollars |
($2.00) per hour, in addition to the regular rate of wage for a journeyman steamfitter, shall be paid to the steamfitter on that job who is designated by the Employer as the Foreman. |
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Section VI. | Each Union Member Contractor, Owner-Operator, or “Fitter Contractor,” shall be required to |
contribute to all Funds listed in this Agreement for a minimum of 1,500 hours per year. For the purpose of this
Agreement, “Fitter Contractor” means an active member of Local 638 who owns a portion of the signatory
contractor, whether directly, indirectly through a spouse, or through a method of subterfuge. At no time shall the
fitter-contractor report less than the actual number of hours of bargaining unit work performed by the fittercontractor in a given workweek, and the fitter-contractor shall maintain documentation to support the actual
number of hours worked.
Rule III.
RATE FOR OVERTIME AND HOLIDAYS
Section I. Any work done between three-thirty (3:30) o’clock P.M. and six (6:00) o’clock A.M. or seven
(7:00) o’clock A.M. as stated in Rule I, Section I, and on Saturdays (with the exception stated in Rule I, Sections
III and IV), Sundays, New Year’s Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Columbus
Day, Veteran’s Day, Thanksgiving Day, the Friday after Thanksgiving Day and Christmas Day, shall be paid for
at double the rate for regular time, commencing at the hour at which the steamfitter reports for work by direction
of the Employer. The hours of labor for weekends or holidays shall be no less than seven (7) hours at double the
rate. Fractions of days worked as a result of weather, safety, act of God, circumstances beyond the control of the
contractor or if previously agreed to between the union and the employer, shall be paid for the same rate, but no
steamfitter or apprentice shall be employed for less than two (2) hours at double the rate. In all cases, the
holidays described herein will be observed on the day and date established by the State of New York.
On jobs shut down for safety reasons by a governmental agency and beyond the control of the union and the
employer, steamfitters shall be paid only for hours worked at the time of the shut down. If the job remains shut
down for safety reasons for 48 hours or more, steamfitters may be transferred to another job or laid off by
telephone. If a lay off occurs due to a job being shut down for safety reasons, the steamfitter shall not receive
compensation for any hours not worked.
In the event a job site is closed for a holiday not specified herein the Employer can either transfer the
Employees to another job site or arrange for overtime work to compensate the Employee for any time lost. If the
Employees are not transferred or paid overtime then the Employees shall be paid regular time wages
for the time lost. Overtime will be made available within five (5) working days preceding or following the
holiday or holy day.
No overtime shall be paid for labor performed during the regular working day.
Section II. Except for Shift Work when it is not convenient to start work until between the hours of eleven
(11:00) o’clock P.M. and four (4:00) o’clock A.M., then the steamfitter’s time shall commence at eleven (11:00)
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o’clock P.M. and continue until said work is completed. Under these conditions, no steamfitter shall receive less
than one (1) day’s pay regular time.
Section III. The Employer will give Employees 24 hours’ notice of scheduled overtime requirements for
weekend work. All emergency overtime will be worked as required.
Rule IV.
METHOD OF PAYMENT
Section I. All steamfitters and apprentices shall be paid at quitting time in cash on Thursday or by check on
Wednesday for the week ending the Tuesday prior at the option of the employer. A two hour penalty of wages
and benefits will be paid in the event a steamfitter does not receive wages due him on pay day, except for
extenuating circumstances as agreed by the Joint Trade Board.
If wages are paid by check, the Employer must be in compliance with the requirements of Rule XXIV of this
Agreement. Payments to be made at the option of the Employer, either on the job or at the shop. When a
steamfitter or apprentice is laid off or discharged or not put to work, he shall at once be paid the wages due him
in cash.
If an Employer has permission to pay by check, he shall have authorization to lay off by check.
Section II. The Union may refuse to permit employees to work for any employer who is delinquent in either
wage or fund payments or who fails to submit signed and timely reporting forms to the Fund Office in the format
and at the times required by the Trustees, or who fails to permit the Fund Office to conduct a payroll audit within
10 days from the receipt of written demand by the Fund Office, sent either via email or mailed to the Employer
by registered mail, return receipt requested, to conduct such audit, or who is delinquent in the furnishing of a
bond or certified check, required under this Agreement.
When an employer’s delinquency in fund payments causes the Union to remove employees from that
employer’s jobsites more than once in a ninety (90) day period, said employer shall pay one day’s wages
including fringe benefits to each employee who was removed from the job.
Section III. The checks issued for wages by all Employers who have received permission to pay by check
shall meet the following conditions:
A. The Employer’s bond shall be in compliance with the requirements of Rule XXIV.
B. Checks must be drawn on a bank with a branch in New York.
C. The Steamfitting Industry Promotion Fund will guarantee the payment of all bad checks, and will issue
an additional check in the amount of $250 for any inconvenience due to a bad check issued to the
steamfitter or apprentice. The payment will be provided by the Promotion Fund within 96 hours from
when the Promotion Fund is notified. Steamfitters must notify the Promotion Fund within 45 days of the
check having been issued.
D. Employers who are delinquent in fringe benefit payments under this contract in excess of one-half of
their bond will have their check payment privilege suspended until reapproved by the Joint Trade Board.
Section IV. | The Employers recognize and shall administer a checkoff system for payment of work dues from |
Building Trades journeyman and apprentice steamfitters to the Union who voluntarily sign a written authorization card in the form provided by the Union. |
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Section V. | At the option of the employer, subject to the approval of the steamfitter or apprentice, wages may |
be paid by direct bank transfer. If so elected, wages due at layoff may be paid by the same method.
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Rule V.
STEAMFITTERS TO WORK IN UNITS OF TWO
All work to be performed within the jurisdiction of Enterprise Association must be performed by journeymen
steamfitters or apprentices working in units of two, one of whom must be a steamfitter. A unit shall consist of:
A. Steamfitter with a steamfitter, or
B. Steamfitter with an apprentice.
Rule VI.
WHERE STEAMFITTERS AND APPRENTICES
ARE TO BE AT STARTING TIME
Each steamfitter and apprentice shall be paid from the time at which he leaves the job shanty at the beginning
of work within the territory of Greater New York and all of Long Island and there shall be no board or carfare
paid to steamfitters or apprentices working in said territory.
A steamfitter who is sent to work outside of the above noted territory shall take the boat, train or car leaving
either of the extreme points of the territory, as directed by his employer, going on boat, train or car leaving
nearest starting time and returning take the boat, train or car arriving nearest quitting time.
Rule VII.
EXPENSES ALLOWED TO STEAMFITTERS
Each steamfitter working outside of the limits described in Rule VI shall receive from his employer traveling
expenses to and from the place at which the work is located for as many trips as he is directed by his employer to
make. He shall also receive a reasonable amount of board paid by him and he shall receive regular wages for all
regular time consumed in traveling.
If the steamfitter leaves his work before it is completed and without the consent of his employer, it shall be at
his own time and expense.
The Steamfitting Industry Promotion Fund shall pay to steamfitters the total sum of four-hundred ($400)
dollars for successfully passing any welders qualification test taken after the normal working day at the Industry
Training Center. This reimbursement shall be paid no more than once per requalification period, as determined
by the Department of Buildings or any other governing agency.
Rule VIII.
In going from his shop to his work, or from his work to the shop, a distance of more than one mile, each
steamfitter or apprentice shall receive from his employer the necessary fare.
Rule IX.
CUTTING, MAKING UP FITTINGS
AND FIRE STOPPING
Section I. All pipe except sprinkler work may be cut, threaded, grooved and have fittings made up by hand
or machine on the job or in the shop of the direct employer at the option of direct employer. If the said shop is a
permanent shop, equipped with permanently installed pipe cutting and threading machinery, then the work shall
be done by a steamfitter working alone. When a direct employer has no permanently installed pipe cutting
machinery in his shop, such work shall be done in accordance with Rule V on the job or in a shop employing
steamfitters in accordance with Rule V.
Pipe five (5″) inches and over at the option of the direct employer, may be cut, threaded or grooved in the
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shop of the direct employer or in a shop employing 638 steamfitters working in accordance with Rule V.
Specialty Pipe of all diameters can be ordered from a supply house cut to a convenient length that shall be at
a minimum four (4″) inches longer than its final fabricated length. Pipe so ordered will have a maximum of one
(1) mill bevel, thread or groove. The other end shall have a machined or burned cut.
HVAC pipe, schedule 40 or heavier, 4 inches and under, can be ordered from a supply house in half-lengths
grooved, beveled or threaded on both ends.
Section II. All combination sprinkler/standpipe systems exclusive of cross mains, stringers and fire hose
stations and connecting pipe to same may be cut, threaded or grooved, in the shop of the direct employer or on
the job at the option of direct employer. If the said shop is a permanent shop, equipped with permanently
installed pipe cutting and threading machinery, then the work shall be done by a steamfitter working alone.
When a direct employer has no permanently installed pipe cutting machinery in his shop, such work shall be
done in accordance with Rule V on the job or in a shop employing steamfitters.
All fittings above 2” on sprinkler work may be made up in the shop of the direct employer by a Steamfitter
working alone or on the job in accordance with Rule V, at the option of the employer. The makeup of fittings up
to and including 2” in diameter can be ordered from any shop. Prefabricated flexible sprinkler heads not to
exceed twenty-four (24) inches are permissible.
All types of chemical fire protection systems are the work to be performed by journeymen steamfitters and/or
apprentices.
Welded outlets on sprinkler mains with yellow labels shall be allowed in Nassau and Suffolk Counties.
Section III. All pipe fabrication performed in a shop under Sections I and II must be labeled before leaving
the shop. The journeyman performing the work must attach a label to the pipe showing the journeyman’s name,
signature, book number, name and address of the shop and date when work was performed to demonstrate that
such work was done by a journeyman steamfitter within this bargaining unit and under the terms of this
Agreement. Reproductions of the journeyman’s signature will not be acceptable.
Labels shall be obtained by written application to Local Union 638 from individual employers. These
labels shall be delivered by the Union to the steamfitter in charge of each shop, and he shall be fully responsible
for the proper distribution of these labels.
Section IV. Radiator branches, convector branches and coil connections shall be cut, threaded, welded,
brazed, glued, soldered or any other method of joining shall be done on the job by hand or machine in accordance
with Rule V or in the shop of the direct employer using a steamfitter working alone, or at the option of the
contractor in a shop employing 638 steamfitters in accordance with Rule V. Where so specified by the engineer,
fan coil units may be delivered to the jobsite with factory pre-piped valve packages.
Section V. The erection and assembly of all pipe hangers and the erection only of supports and manufactured
or fabricated structural attachments for work covered by this Agreement is the work of the steamfitter and
apprentice in accordance with Rule V. Back to back channels, tube steel, and back to back angle iron suspended
from structural attachments may be cut and/or welded in the shop of the direct employer or on the job in
accordance with Rule V.
The setup, operation, and use of total station or other similar type mapping devices for the purposes of, but
not limited to, layout, installation, or coring of work within Local 638’s jurisdiction shall be the work of the
Steamfitter. Under the direction of the jobsite foreman, supervisors or draftsmen may assist the steamfitters in
setup and proper use of the device. The supervisors or draftsmen shall not operate the device.
All threaded hanger rods shall be cut on the job or in the shop of the direct employer. Where plain hanger
rods are utilized, the cutting and threading of rods under three quarter inch will be done on the job or in the shop
of the direct employer. If rods are cut in the shop of the direct employer, they may be bundled in any amount, and
that bundle shall require a single label.
Section VI. Pipe of all diameters can be ordered from a supply house cut into pieces for ease of access or
handling and delivered to the job site. Pipe so ordered will not be cut to sketch and will have a maximum of one
(1) mill bevel, thread or groove. The other end shall have a machined or burned cut.
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Section VII. All pipe used for temporary heat which has been cut in the shop or on the job and subsequently
removed may be used again.
Section VIII. All disconnecting and dropping to the floor of any piping covered within the jurisdiction of Local
638 in spaces that are not to be completely demo-ed shall be the work of the steamfitter. Where asbestos
abatement, lead removal, or hazardous material removal is required on disconnected pipe, dropping and
removing may be performed by others.
Section IX. Section X. Section XI. steamfitter. |
Fire Stopping of uninsulated pipe is the work of the Steamfitter. Geothermal Piping is the work of the steamfitter within the scope of their jurisdiction. Very early smoke detection apparatus or VESDA piping systems shall be the work of the |
Rule X.
WELDING
Acetylene, electric, fusion or other forms of cutting or welding fabrication shall be done on the job or in a
shop at the option of the Employer in accordance with the conditions as set forth herewith.
Section I. All welding fabrication except for electric power generating plant installations shall be done by a
steamfitter working alone in the shop of the direct employer, or shall be done in accordance with Rule V either
on the job or in any other shop employing Local 638 Steamfitters and/or Apprentices.
On electric power generating plant installations over 100 megawatts all welding fabrication eight (8″) inches
and over shall be done in the shop of the direct employer or any other shop employing Local 638 Steamfitters
and/or Apprentices using Steamfitters working alone or in any other pipe fabrication shop having a signed
agreement with the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry
of the United States and Canada. Welding fabrication six (6″) inches and under shall be done in the shop of the
direct employer using Steamfitters working alone or in accordance with Rule V either on the job or in any other
shop employing Local 638 Steamfitters and/or Apprentices.
A direct employer is a contractor who bids on a job directly for a public or private letting agency. If a direct
employer bids and wins a job for erection and fabrication, it shall be done in accordance with Section I.
Section II. All pipe fabrication performed in a shop under this Agreement must be labeled before leaving the
shop. The journeyman performing the work must attach labels to the pipe showing the journeyman’s name,
signature, book number, name and address of the shop and date when work was performed to demonstrate that
such work was done by a journeyman steamfitter within this bargaining unit and under the terms of this
Agreement. Reproductions of the journeyman’s signature will not be acceptable.
Labels shall be obtained by written application to Local Union 638 from individual employers. These labels
shall be delivered by the Union to the steamfitter in charge of each shop, and he shall be fully responsible for the
proper distribution of these labels.
Section III. The fabrication of van stone joints, the making of hammer welds, or the welding of boiler
headers, street steam headers, circular coils, trombone coils, zigzag coils, trunk coils, double pipe refrigerating
machine coils, atmospheric type condensers, absorbers, weak liquor coolers and rectifiers of refrigerating
machines may be done by the employer without reference to any jurisdiction by Enterprise Association. All
other pipe welding is to be performed by journeymen steamfitters.
Section IV. There shall be no exception to this Rule unless an employer makes a specific request on a specific
job which must be submitted to the Board of Arbitration for review, prior to start of job. If approved by the
Board of Arbitration, approval shall be for that job only and shall not prejudice this Rule on any other work.
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Rule XI.
TEMPORARY SERVICES
Section I. Except as described in Section VII, Steamfitters working alone shall have jurisdiction in the
operation and/or maintenance of all temporary heat work at all times whenever temporary heat is on a building
regardless of the source of heat supply. If the fire is banked or if no heat is in the radiators, steamfitters shall
have no claim for temporary heat operation and/or maintenance. Steamfitters shall have no claim for temporary
heat operation and/or maintenance in any building or structure or addition thereto that will have a total of 1,500
sq. ft. of equivalent direct radiation or less, exclusive of mains and risers installed in said building or structure or
addition thereto when completed.
Section II. Before the commencement of any temporary services for providing heating or air conditioning on
a project utilizing systems installed under this agreement, a pre-temporary services conference shall be held, with
the Owner/General Contractor/Construction Manager, the Contractor and appropriate Local 638 Business Agent
to establish the basic guidelines, rules and procedures with regard to any temporary services requirements for the
project. Said conference shall be held at such time as to give all appropriate parties ample time to provide those
services needed.
Section III. Each steamfitter shall conform to the schedule of shifts provided for each job and shall report to
his predecessor on the job at least fifteen (15) minutes before the shift changes and no fitter shall leave his shift
until he is relieved. The steamfitters shall not do any other work and shall not be permitted to work more than
one shift in a twenty-four hour day.
Section IV. | The steamfitter on a shift shall meet any emergency arising to the best of his ability and with the |
object of protecting the interests of his employer. | |
Section V. | It is agreed that when temporary services are required, that in the interests of security and safety, |
those people required to maintain temporary services shall sign in with an appropriate party and keep all necessary “logs”. |
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Section VI. | Temporary services, if required, shall be continued until such time as an Owner/General |
Contractor/Construction Manager provides the contractor a letter of acceptance for the mechanical system.
Section VII. When steamfitters employed by the mechanical contractor are present on the job during the
regular working day, no temporary services steamfitter will be required.
Section VIII. All construction offices, engineers’ offices, sales offices and finished model apartments on the
floor are not subject to temporary air conditioning services.
Section IX. | Before temporary services shall be terminated for a project, the Owner/General |
Contractor/Construction Manager must provide the Contractor with a letter stating that he accepts the mechanical system for the project and agrees to operate and maintain the mechanical system for the project. |
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Section X. | When temporary air conditioning is required by an Owner/General Contractor/Construction |
Manager for hours other than normal temporary heat shift hours, then a minimum of two shifts will be required. | |
Section XI. | The temporary services committee is established as a standing committee and will meet |
periodically to review any disputes in this area and will make recommendations to the Joint Trade Board.
Section XII. An employer will not engage a steamfitter on the above type heating maintenance or temporary
air conditioning who cannot produce satisfactory evidence that the steamfitter has fifteen (15) years of
experience.
Rule XII.
TOOLS AND SHANTIES
Section I. The Employer shall provide all necessary tools required for the steamfitter to perform the work.
The steamfitter shall comply with all Employer rules and regulations in the use and care of these tools, and
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promptly report any that are missing, destroyed, or in need of repair. There should be no restriction on the use of
tools or installation methods, except that, where required, proper certifications shall be provided by the contractor
to the steamfitters.
Section II. The Employer shall provide suitable shanties for dressing facilities on all jobs. Steamfitters shall
not be required to share these facilities with other trades. Where needed, contractors shall make a reasonable
effort to provide separate but similar facilities for women. Separate facilities may include a partitioned space
within an existing shanty so long as both spaces have a dedicated entrance from outside the shanty. These shall
be heated during the winter months and window air-conditioners or similar shall be provided during the summer
months. Where these are prefabricated for job assembly, they shall be job assembled by steamfitters.
Section III. In the event an employee’s working clothes are destroyed by fire or water during other than
working hours, the Employer shall compensate the employee for the replacement of these articles, but in no event
shall the amount for replacement exceed Five Hundred ($500.00) dollars per employee. In the event personal
property, including street or dress clothes of an employee, are destroyed due to fire or water, during working
hours, the amount of damage shall be limited to Five Hundred ($500.00) dollars.
Rule XIII.
EFFICIENCY OF STEAMFITTERS
NO DISCRIMINATION
Inasmuch as greater efficiency is desirable, both parties will encourage efficiency and discourage any
discrimination in employment of workers on the basis of age and unreasonable limitations on the amount of work
a Steamfitter can do.
The parties agree not to discriminate on the basis of race, creed, color, national origin, sex, age, disability,
marital status, sexual orientation or citizenship, with regard to employment, wages or other terms and conditions
of employment.
Rule XIV.
DUTIES OF A STEAMFITTER
The duties of a Steamfitter shall be such as are described under the heading “Duties of a Steamfitter” in the
agreement made and entered into by and between the United Association and the Enterprise Association, March
24th, 1914, and copy hereto attached.
Rule XV.
SHIFT WORK
(Existing Buildings – Occupied or previously occupied)
Section I. When work is performed, as in Rule II, Section IV, in existing buildings which are or have been
occupied, shift work may be performed at the option of the employer Monday through Friday, in accordance with
the following:
a) A shift shall consist of seven (7) working hours. All work performed in excess of seven (7) hours shall
be paid at double the rate for regular time. No shift shall commence after 7:00 P.M. on Friday or 7:00
P.M. the day before Holidays. All work performed after 12:01 Saturday or 12:01 the day of a holiday
will be paid at double the rate for regular time.
b) Starting time for each shift shall be designated by the Employer.
c) A steamfitter or apprentice who has worked during the same regular workday shall not be assigned to
shift work.
d) The Employer shall notify the Union 24 hours prior to the start of shift work.
e) A steamfitter or apprentice shall not work more than one shift in a 24-hour period.
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f) Pay for shift work shall be in accordance with Rule II, Section IV.
Rule XV-A
RIGGING AND MATERIAL HANDLING
The rights of the Steamfitter shall not be infringed upon in any matter or for any reason in regard to the
handling and rigging of all work within its jurisdiction.
Steamfitters shall do all rigging of their pipe-fittings-valves-equipment and including, but not limited to,
all appurtenances and set all equipment when no license is required.
If a master rigging license is required by law and if the contractor who is party to this agreement holds a
master riggers license and is the direct bidder or sub-contractor on the job, this work shall be done by
steamfitters. No composite crew shall be required.
If the said contractor has no license, steamfitters shall work in units of two in a composite crew of equal
numbers, but shall not outnumber the license holder’s crew when the license is required by law. Steamfitters shall
rig all loads prior to the Master Rigging License holder or his representative attaching the hoist or crane hook.
Once the equipment and appurtenances are landed on the floor and in a safe position, the steamfitters shall move
and set this equipment to its destination as per their jurisdiction. Steamfitters shall operate all equipment moving
devices. These devices include but are not limited to, chain blocks, skates, jacks, or dollies. Truck deliveries will
be taken from the sidewalk or truck dock by the steamfitter into the building.
There shall be no exception to this Rule unless an employer makes a specific request on a specific job which
shall be submitted to the Board of Arbitration for review, prior to start of the job. If approved by the Board of
Arbitration, approval shall be for that job only and shall not prejudice this Rule on any other work.
If a master rigging license is required by law and if the contractor who is party to this agreement holds a
master riggers license and is the direct bidder or sub-contractor on the job, this work will be done by steamfitters.
If the said contractor has no license, steamfitters will work in composite crews with the trade holding the
license when required by law. Once the equipment and appurtenances are landed on the floor and in a safe
position, the steamfitters will move and set this equipment to its final destination. Truck deliveries will be taken
from the sidewalk or truck dock by the steamfitter into the building.
There shall be no exception to this Rule unless an employer makes a specific request on a specific job which
must be submitted to the Board of Arbitration for review, prior to start of job. If approved by the Board of
Arbitration, approval shall be for that job only and shall not prejudice this Rule on any other work.
Rule XV-B.
SUB-CONTRACTING
1. All work covered under this agreement if sub-contracted, will be sub-contracted to a contractor signatory
to this Agreement.
2. Any work that has been sub-contracted from signatories to this Agreement shall not be re-subcontracted.
3. It is the intent of this Agreement that sub-contracted work shall be all inclusive of labor, materials, tools,
etc., required for this work and not be labor only contracts. Where testing, flushing, or chemical treatment is
included in the prime contract then it shall be included in the subcontracted piping work.
4. The letting contractor shall notify the Fund Office, in writing, on a form provided by the Fund Office of
his intent to sub-contract work. This notification must take place individually for each job subcontracted and
before commencement of work by Local 638 members on the project being subcontracted. Failure to
properly notify the Fund Office may result in a penalty bond amount as per Rule XXIV. Local 638 or the
Employer’s Association may notify the Board of Arbitration of any failure by a letting contractor to properly
notify the Fund Office. The Board of Arbitration shall review the complaint in a timely matter and may
determine to require said employer to increase their bond. The maximum penalty bond required shall be
quadruple the base bond amount required.
5. The contractor who opts to sub-contract will assure compliance of Rule XXIV of the Collective
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Bargaining Agreement.
6. The Fund Office shall notify the letting contractor and the Union if the sub-contractor becomes
delinquent.
7. Fabrication sub-contracting shall be subject to Rules IX and X.
Rule XV-C.
DOUBLE BREASTING
To protect and preserve, for the employees covered by this agreement, all work they perform and all work
covered by this agreement, and to prevent any device or subterfuge to avoid the protection and preservation of
such work, it is agreed as follows:
If contractor performs on-site construction work of the type covered by this agreement, under its own
name or the name of another, as a corporation, company, partnership, or other business entity, including a joint
venture, wherein the contractor, through its officers, directors, partners, owners, or stockholders exercises
directly or indirectly (including but not limited to management, control, or majority ownership through family
members), management, control or majority ownership, the terms and conditions of this agreement shall be
applicable to all such work. This rule is for a period commencing April 1, 2024 to March 31, 2025. This rule
shall be evaluated by the joint trade board and can be extended for one (1) year periods if agreed to by the joint
trade board (there shall be no arbitration to resolve any lack of agreement).
Rule XV-D
PUBLIC WORKS SUPPLEMENT
There is a separate Works Supplement applicable to any public works project (Federal, State, City) done
under prevailing rate laws, and is applicable to HVAC and mechanical contracts with a dollar value not to exceed
Thirty Million Dollars ($30,000,000) and to fire protection/sprinkler contracts with a dollar value not to exceed
Three Million Dollars ($3,000,000) and to other projects subject to the approval of the Joint Trade Board. The
Supplement is for a period commencing April 1, 2024 to March 31, 2025; the Supplement is to be evaluated by
the Joint Trade Board and can be extended for one (1) year periods only if agreed to by the Joint Trade Board
(there shall be no arbitration to resolve any lack of agreement).
If a job is bid under the Supplement then the terms of the Supplement remain in effect for that job until its
completion. The second paragraph to Article X shall not apply to Supplement.
Rule XV-E
JURISDICTIONAL CLAIMS
The employer agrees to recognize the jurisdictional claims of Steamfitters Local 638 and of the United
Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States and
Canada (“United Association”) that have been established in their Constitutions and By Laws, by agreements
with other crafts, awards contained in the Green Book, or as a result of decisions by the National Joint Board for
the Settlement of Jurisdictional Disputes, or its successor or which are recognized as being the jurisdiction of the
United Association and Steamfitters Local 638 and further agrees to assign all such work to Steamfitters, to the
extent the Employer has the ability to assign such work, subject to the 1914 Agreement, existing practices and
agreements, and future jurisdictional decisions.
Section I. The installation of all types of hydrogen piping and related equipment for production, transport,
storage, power generation, comfort heating and cooling, industrial feedstocks, process heat, fuel cell production
and transportation fuels.
Rule XVI.
SERVICE WORK
When an employer subscribing to this Agreement employs members of Refrigeration and Air Conditioning
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Service and Maintenance Mechanics, Metal Trades Branch of Local Union 638, to perform refrigeration, air
conditioning, air cooling, stoker and oil burner service work, such work shall be performed in accordance with
the terms of a Trade Agreement in effect between the Contractors’ Association and the Metal Trades Branch of
Local Union 638 described above.
Rule XVII.
SHOP STEWARDS
Where the Employer employs four (4) or more units (as defined in Rule V) of Enterprise Association
members on a job, then the Union shall send the 7th member to the job to act as Shop Steward, or the business
agent may appoint one of the members being sent to the job by an employer, after being notified by the
employer, prior to the members being sent to job.
If a member is sent to the job by the Union he will be selected from a group of members who are both
interested and qualified to be Shop Steward. Any such Shop Steward shall be a working steamfitter who shall act
in behalf of the interests of the Union and whose duties shall not interfere with the work he is employed to
perform by the Employer.
If there is a complaint presented against the member acting as Shop Steward, either by the contractor or the
members on the job, it will be addressed by the Business Agent, Business Manager and the President within three
(3) days of receipt of the grievance.
If said complaint was made by the contractor and was not rectified, then there shall be a Pre-Trade Board
Committee Meeting on the issue within seven (7) days of preliminary hearings.
The Shop Steward and his partner will be the third (3rd) to last unit employed on the job site. If the appointed
Shop Steward leaves a job voluntarily, then the members on that job will select a new Shop Steward from the
steamfitters on the job.
When the Employer of a Shop Steward has three (3) or more units working overtime on the job where the
Shop Steward is employed, the Shop Steward and his partner shall be included in one of the units working
overtime.
The steamfitter in charge shall be the Shop Steward whenever there is no appointed Shop Steward on the job.
When the Union or MCA believe a MCA Contractor is in violation of the Trade Agreement by lumping,
paying employees off the books, employing employees out of classification to perform work covered by the
Trade Agreement, or performing work in violation of Rule XV-C, the Union or MCA shall contact the Shop
Stewards Committee which shall consist of two (2) members from each Association. The Shop Stewards
Committee shall decide whether the Union will have the right to send the third member to each job as Shop
Steward for a period of one (1) year for that contractor. If no agreement is reached by the Shop Stewards
Committee, the Union and MCA may forward the matter to the Joint Board of Arbitration for a decision, which
Board shall then meet within two (2) days. The final determination by the Joint Board of Arbitration shall be
final and binding and not subject to Arbitration.
The Employer agrees not to discriminate in any way against any person so designated as Job Steward, either
due to his being designated or to his activities on behalf of Enterprise Association and members.
Rule XVIII.
WELFARE FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry Welfare
Fund nineteen dollars and fifty cents ($19.75) per hour for regular time as set forth in Rule I, and thirty-nine
dollars ($39.50) per hour for overtime as set forth in Rules I and III for work performed by each journeyman
steamfitter. Apprentices shall be paid in accordance with Rule II, Section III. These payments shall be made for
work performed by them in the City of New York and in Nassau and Suffolk Counties, N.Y., before any
deductions are made for withholding or other taxes. Such Fund was established by an Agreement and
Declaration of Trust, dated May 15, 1946, to which the Contractors’ Association and Enterprise Association were
parties and all employers agree to make the aforesaid payments in accordance with the rules and regulations
established by the Trustees of said Trust, from time to time, and to be bound by and comply with all of the
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provisions of said Agreement and Declaration of Trust as the same exists or may during the term of this
Agreement be amended in accordance with its terms.
The Welfare Fund Trustees shall allocate from employer contributions to the Welfare Fund such amounts as
they determine from time to time to establish accounts for participants in the Health Reimbursement Account
Fund of the Steamfitters’ Industry Welfare Fund. The Welfare Fund Trustees shall establish a ceiling on the
amounts to be so allocated which shall be $5,000.
Rule XVIII-B
HEALTH REIMBURSEMENT ACCOUNT
FUND OF THE STEAMFITTERS’
INDUSTRY WELFARE FUND
The parties hereto agree to establish by an Agreement and Declaration of Trust, The Health Reimbursement
Account Fund of the Steamfitters’ Industry Welfare Fund (“HRA Fund”), which shall be a sub-trust of the
Steamfitters’ Industry Welfare Fund. The purpose of the HRA Fund is to provide reimbursement of medical care
expenses to Steamfitters and Apprentices employed under the Trade Agreement, and their spouses and
dependents. The HRA Fund shall be jointly administered by three (3) Employer Trustees and three (3) Union
Trustees. The Fund Trustees are authorized to contribute to the account of a participant in the HRA Fund
amounts previously contributed under Rule XVIII and allocated to the account of a Participant under a plan
providing health benefits. The Fund Trustees are authorized to enter in an agreement with the Trustees of the
Steamfitters’ Industry Supplemental Retirement Fund to direct a portion of amounts to be paid to the Trustees
pursuant to Rule XVIII (including amounts allocated to Participants in the HRA Fund in excess of $5,000) to be
directed to the Steamfitters’ Industry Supplemental Retirement Fund. Any such agreement shall only apply to
amounts paid subsequent to such agreement. Any such amount shall be considered an amount which was
directly contributed to the Steamfitters’ Industry Supplemental Retirement Fund.
Rule XIX.
PENSION FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry Pension
Fund twelve dollars and eighty-five cents ($12.85) per hour regular time as set forth in Rule I and twenty-five
dollars and seventy cents ($25.70) per hour for overtime as set forth in Rules I and III for work performed by
each journeyman steamfitter. Apprentices shall be paid in accordance with Rule II, Section III. These payments
shall be made for work performed by them in the City of New York and in Nassau and Suffolk Counties, N.Y.,
before any deductions are made for withholding or other taxes. Such Fund was established by an Agreement and
Declaration of Trust dated November 1, 1950, to which the Contractors’ Association and Enterprise Association
were parties and all employers agree to make the aforesaid payments in accordance with the rules and regulations
established by the Trustees of said Trust, from time to time, and to be bound by and comply with all of the
provisions of said Agreement and Declaration of Trust as the same exists or may during the term of this
Agreement be amended in accordance with its terms.
Rule XIX-B.
SUPPLEMENTAL RETIREMENT PLAN
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry
Supplemental Retirement Plan eight dollars and thirty cents ($8.30) per hour regular time as set forth in Rule I
and sixteen dollars and sixty cents ($16.60) per hour for overtime as set forth in Rules I and III for work
performed by each journeyman steamfitter. Apprentices shall be paid in accordance with Rule II, Section III.
These payments shall be made for work performed by them in the City of New York and in Nassau and Suffolk
Counties, NY, before any deductions are made for withholding or other taxes. Such Fund was established by an
Agreement and Declaration of Trust dated January 24, 1997, to which the Contractors’ Association and
Enterprise Association were parties and all employers agree to make the aforesaid payments in accordance with
the rules and regulations established by the Trustees of said Trust, from time to time, and be bound by and
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comply with all of the provisions of said Agreement and Declaration of Trust as the same exists or may during
the term of this Agreement to be amended in accordance with its terms.
Rule XX.
EDUCATIONAL FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry
Educational Fund seventy-four (.74) cents per hour for each and every hour worked by journeymen and
apprentice steamfitters employed in the City of New York, Nassau and Suffolk Counties, N.Y. Apprentices shall
be paid in accordance with Rule II, Section III. Such Fund was established under date of August 14, 1952 and by
Agreement and Declaration of Trust, dated May 1, 1960 to which the Contractors’ Association and Enterprise
Association were parties and all employers agree to make the aforesaid payments in accordance with the rules
and regulations established by the Trustees of said Trust, from time to time, and to be bound by and comply with
all of the provisions of said Agreement and Declaration of Trust as the same exists or may during the term of this
Agreement be amended in accordance with its terms.
Each apprentice will attend class for eight (8) hours on one (1) day every other week in compliance with the
requirements of said Educational Fund and the employer of each such apprentice will pay to the apprentice who
attends such classes for the requisite eight (8) hours, a total of seven (7) hours of wages and fringes based on the
corresponding percentages due to such apprentice as stated in Rule II, Section III.
Rule XXI.
VACATION PLAN
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to every journeyman steamfitter
employed by them an additional wage in the sum of eight dollars ($8.00) per hour regular time as set forth in
Rule I and sixteen dollars ($16.00) per hour for overtime as set forth in Rules I and III. Apprentices shall be paid
in accordance with Rule II, Section III. This additional wage, less any requisite withholdings or deduction
therefrom as required by law, shall be paid to the Trustees of the Steamfitters’ Vacation Plan to be established for
the account of the respective steamfitter or apprentice and in accordance with the appropriate rules and
regulations to be established by such Trustees; which payments shall be disbursed by said Trustees only to the
steamfitter or apprentice with respect to whom such payments have been made (less actual expense of
formulating and administering the trust) as a vacation payment to said steamfitter or apprentice, and in
accordance with such rules and regulations as may be adopted by the Trustees in furtherance of the objectives set
forth in this rule.
Such Plan was established by an Agreement and Declaration of Trust dated July 1, 1953, to which the
Contractors’ Association and Enterprise Association were parties and all Employers agree to make the aforesaid
payments in accordance with the rules and regulations established by the Trustees of said Plan, from time to time,
and to be bound by and comply with all of the provisions of said Agreement and Declaration of Trust as the same
exists or may during the term of this Agreement be amended in accordance with its terms.
Rule XXII.
SECURITY BENEFIT FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay into the Steamfitters’ Industry
Security Benefit Fund which was established by an Agreement and Declaration of Trust dated September 1, 1961
as a trusteed fund jointly administered in compliance with law the sum of eleven dollars and fifty cents ($11.50)
per hour regular time as set forth in Rule I and twenty-three dollars ($23.00) per hour for overtime as set forth in
Rules I and III for work performed by each journeyman. Apprentices shall be paid in accordance with Rule II,
Section III. Said sums less actual expenses of administering the trust shall be held by the Trustees of said Fund
for the benefit of the steamfitter or apprentice with respect to whom such payments have been made and applied
in accordance with such plan as may be adopted by the Trustees. Such plan shall qualify under applicable
provisions of the Internal Revenue Code to insure deductibility of said payments from taxable income of the
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employer.
Such Fund was established by an Agreement and Declaration of Trust, dated September 1, 1961, to which the
Contractors’ Association and Enterprise Association were parties and all employers agree to make the aforesaid
payments in accordance with the rules and regulations established by the Trustees of said Trust, from time to
time, and to be bound by and comply with all of the provisions of said Agreement and Declaration of Trust as the
same exists or may during the term of this Agreement be amended in accordance with its terms.
Rule XXIII.
INDUSTRY PROMOTION FUND
Every employer shall during the term of this Agreement pay one percent (1%) per hour of the journeyman
steamfitter wage rate less fringe benefits to the Steamfitting Industry Fund of New York and Long Island for
each and every hour worked by journeymen and apprentice steamfitters for work performed by them in the City
of New York and in Nassau and Suffolk Counties, NY. Such Fund was originated by an agreement dated July 6,
1966, to which the Contractors’ Association and Enterprise Association were parties. Such Fund was established
by a Declaration of Trust, dated September 30, 1966, and all employers agree to make the aforesaid payments in
accordance with the rules and regulations established by the Trustees of said Trust, from time to time, and to be
bound by and comply with all provisions of said Agreement and Declaration of Trust.
Rule XXIII-A.
LABOR-MANAGEMENT
COOPERATION COMMITTEE
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay into the Labor-Management
Cooperation Committee, which was established by an Agreement and Declaration of Trust dated July 1, 2008 as
a trusteed fund jointly administered in compliance with law the sum of four cents ($0.04) per hour worked as set
forth in Rule I for work performed by each journeyman. Said sums less actual expenses of administering the
trust shall be held by the Trustees of said Committee for the benefit of the industry.
Such Fund was established by an Agreement and Declaration of Trust, dated July 1, 2008, to which the
Contractors’ Association and Enterprise Association were parties and all employers agree to make the aforesaid
payments in accordance with the rules and regulations established by the Trustees of said Trust, from time to
time, and to be bound by and comply with all of the provisions of said Agreement and Declaration of Trust as the
same exists or may during the term of this Agreement be amended in accordance with its terms.
Rule XXIII-B.
UNITED ASSOCIATION TRAINING FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay into the United Association Training
Fund the sum of ten cents ($0.10) per hour worked as set forth in Rule I for work performed by each steamfitter.
Rule XXIV.
BONDING AND FUND PAYMENT
REQUIREMENTS AND ADMINISTRATION
Section I. Each Employer shall furnish a bond or an equivalent amount in cash to the joint benefit of the
Trustees of the Steamfitters’ Industry Welfare Fund, the Steamfitters’ Industry Pension Fund, the Steamfitters
Supplemental Retirement Plan, the Steamfitters’ Industry Educational Fund, the Steamfitters’ Industry Vacation
Plan, the Steamfitters’ Industry Security Benefit Fund, and the Steamfitting Industry Promotion Fund of New
York and Long Island, including the guarantee to the Steamfitting Industry Promotion Fund of New York and
Long Island of wages paid by check (the “Funds”), guaranteeing payment to said Trustees, jointly and severally,
of any and all amounts due from said Employer to each or all of the Funds, pursuant to the terms of this
Agreement.
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Such bond shall be in form and substance, and shall be issued by a surety, satisfactory to the said Trustees,
jointly. Such bonds shall provide that the counties of New York and Nassau and Suffolk are proper venue.
The aggregate amount of the base bond shall be determined by the following:
0 to 6 Local 638 Employees $60,000.00
7 to 14 Local 638 Employees 120,000.00
15 to 30 Local 638 Employees 170,000.00
31 to 60 Over 61 |
Local 638 Employees 450,000.00 Local 638 Employees 750,000.00 |
Section II. | Each Employer will make the required Fund payments provided for in this Agreement within |
fourteen (14) calendar days following the close of the work week, i.e., for a work week ending on Tuesday, the
Fund payments must be received by the Fund Office no later than the second following Tuesday except where
Trustees have, in writing, authorized or directed other terms; with respect to any payments not made within the
required time, an Employer will pay interest at 16 percent (16%), or the maximum rate, if any, fixed by Section
5-501 of the New York General Obligations Law (hereinafter “the Maximum Rate of Interest”) from the date
due, and, as liquidated damages, an additional amount equal to 20% of the unpaid contributions as determined by
a court of competent jurisdiction, and will reimburse the Funds for the reasonable expense of collection including
attorneys’ fees and audit fees. In the event that an Employer is delinquent fourteen days after written notice of
delinquency sent either via email or addressed to the Employer and deposited in the U.S. mail by certified mail,
return receipt requested, the said Employer shall be required thereafter for the remaining term of this Agreement
to furnish a bond for double the amount required in Section I, and if the said Employer is thereafter delinquent at
any time during the term of this Agreement of twenty-eight days after written notice of delinquency addressed to
the said Employer has been deposited in the U.S. mail by certified mail, return receipt requested, the said
Employer shall be required thereafter for the remaining term of this Agreement to furnish a bond for quadruple
the amount required in Section I. In the case of delinquency, the maximum bond shall be quadruple the base bond
amount required. The Trustees may, in their sole discretion, accept or require a personal bond, certified check, or
guarantee of payment of one or more stockholders or officers of the Employer in lieu of the additional amounts
which may be required of an Employer pursuant to this paragraph.
Application for such less frequent payments must be made in writing by the Employer and shall, upon
approval, require a bond for double the amount required in Section I but in no case shall the base bond be more
than $750,000.00. Such less frequent payments are described as monthly. Payment must be made within fifteen
(15) calendar days following the close of the prior work month. If said employer has not remitted payment of
funds for the prior month by the 15th of the following month, he shall be considered delinquent.
The Trustees, acting through Chairman and Co-Chairman or a sub-committee of Trustees designated by
them, or the Administrator, have the authority to direct, in writing, an Employer that is unbonded and/or on the
delinquency list more than three (3) times during the term of this Agreement to make its payments to the Funds
within three (3) calendar days from the close of the work week, i.e., for a work week ending on Tuesday, the
Fund payments must be received by the Fund Office no later than the Friday of the same calendar week. The
Trustees, as to any Employer so required to make Fund payments within three (3) days, may initiate arbitration
and/or any other remedy available to them, at any time after the third calendar day from the close of the work
week, without further notice. In addition, where a contractor is unbonded and/or on the delinquency list more
than three (3) times during the term of this Agreement and/or issues a check to the Funds which is returned
“unpaid for insufficient funds,” “uncleared funds” or as to which the Employer stopped payment, the Trustees,
through Chairman and Co-Chairman or a sub-committee of Trustees designated by them, have the authority to
direct an Employer to make Fund payments by means of Certified Check, Bank Check, or Money Order. Any
Employer that issues a check to the Funds which is returned for any of the aforementioned reasons, shall be
charged a bounced check inconvenience fee by the Fund Office in the amount of one hundred dollars ($100)
unless the Employer can demonstrate that the bounced check was caused by a bank or third-party error and due to
no fault of the Employer. Any Employer that is at fault for more than one bounced check to the Fund Office shall
forfeit their check writing privileges and must submit payment via ACH or wire transfer. Any Employer that
fails to meet a three (3) day payment schedule that may be directed pursuant to this Paragraph, and/or fails to pay
by Certified Check, Bank Check, Money Order, ACH or Wire Transfer when so directed, shall be deemed
delinquent within the meaning of Rule IV, Section II, and the Union may refuse to permit employees to work for
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such Employer.
Reporting of Fund payments by employee’s name shall be submitted at the same time as payments are due.
All hours reporting will be entered by the contractor on the employer portal section of www.steamfitters.com.
In addition to any other action the Funds may be empowered to take, the Funds may bring an action pursuant
to Sections 502 (G) (2) and 515 of the Employee Retirement Income Security Act of 1974, as amended, to
enforce the Employer’s obligation to make contributions. In any action under the preceding sentence in which
judgment is awarded in favor of the Funds, such judgment shall award the Funds: the unpaid contributions, and
interest at the Maximum Rate of Interest, and as liquidated damages an amount equal to 20 percent of the said
unpaid contributions as determined by the court, and reasonable attorney’s fees, audit fees and costs of the action,
and such other legal or equitable relief as the court deems appropriate. Nothing in the foregoing two sentences
shall be construed as a waiver or limitation on the Funds’ or the Trustees rights to enforce an Employer’s
obligation to contribute in any other type of proceeding against the Employer and/or its shareholders and/or its
officers.
In the event an Employer is delinquent hereunder as defined in Rule IV, Section II, the Funds, in their sole
discretion, may initiate arbitration proceedings to obtain appropriate relief. The parties specifically agree that
any claim made by the Funds based upon any such delinquency may be initiated by the Funds upon fourteen (14)
days written notice of intention to arbitrate by registered mail or certified mail to the last address of the employer
on record with the Fund Office, an Arbitrator as the Board of Arbitration may from time to time select, to be
settled by arbitration in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration
Association (“AAA”), except as otherwise provided herein and judgment upon the award rendered by the
Arbitrator may be entered in any court having jurisdiction thereof and shall be final and binding upon the parties.
Should the Board of Arbitration fail to reach mutual agreement on the selection of an Arbitrator, the parties shall
utilize AAA to select an Arbitrator. Should the Employer fail to appear, together with his payroll records for the
period of delinquency in question, the Arbitrator may find against the Employer by default. In any case in which
the Arbitrator finds that the employer is indebted to the Funds, the award shall include: the unpaid contributions,
and interest on unpaid or tardily paid contributions at the Maximum Rate of Interest; and as liquidated damages
an amount equal to 20% (twenty percent) of the unpaid contributions as well as any sums due pursuant to Section
IV of this Rule; and reasonable attorney’s fees, audit fees and costs of collection, and such other legal and
equitable relief as the Arbitrator deems appropriate. It is specifically agreed by the Employer that in any case in
which the Funds serve a notice of intention to arbitrate (or demand for arbitration) which results in a notice of
hearing being issued by the Arbitrator, contributions for all weeks which are claimed as due by the Funds as of
the notice of intention to arbitrate as well as contributions for all weeks claimed as due by the Funds through the
date of the arbitration hearing or adjourned date, if any shall be subject to such arbitration. Once the notice of the
hearing is issued, payment of the sums claimed in the notice of intention to arbitrate and all sums claimed as
becoming due thereafter in accordance with the preceding sentence, will not be deemed to have been made until
the Fund Office receives such sums in the form of cash, certified check, or an uncertified check which the Fund
Office determines has cleared prior to the arbitration hearing; the Fund’s judgment as to the time of clearing of a
check shall be conclusive. An Employer to whom a demand for arbitration has been mailed shall pay
cancellation fee for legal, administrative and/or arbitration costs as follows: if all fringe benefits claimed in the
demand for arbitration are paid, with interest, prior to the arbitrator mailing a notice of hearing, the cancellation
fee is TWO HUNDRED DOLLARS ($200); if the notice of hearing has been issued by the arbitrator, and all
fringe benefits claimed by the Funds as due as of the date of hearing have been paid, with interest, the
cancellation fee is FOUR HUNDRED DOLLARS ($400), if paid more than twenty-four (24) hours prior to the
scheduled starting time of the hearing and SIX HUNDRED DOLLARS ($600) if paid prior to, but less than
twenty-four (24) hours before the scheduled starting time of the hearing. Initiation of the aforesaid arbitration
procedure shall not preclude the Funds from pursuing any other remedy or remedies available to them including
other remedies against the Employer and/or its officers and/or its shareholders. It is expressly understood and
agreed that the arbitration provision herein shall not be an exclusive remedy.
At the option of the Funds, suit may be brought by the Funds against the Employer (a) in the Southern
District or Eastern District of New York in the case of Federal court action by the Funds, or (b) in the courts of
the State of New York, in which event the Counties of New York or Nassau are deemed proper venue, and the
law of the State of New York shall apply except that federal law shall apply as to the remedies available through
arbitration. It is agreed that the Funds may sue collectively or individually in their own name or, alternately, in
the name of the Administrator and at least one Employer Trustee and one Union Trustee from each of the Funds.
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The Funds, in their own name or, alternatively, in the name of the Administrator and at least one Employer
Trustee and one Union Trustee from each of the Funds, may file mechanic’s liens on behalf of each and every
employee who works under this Agreement, with respect to any contribution due such employee and not paid in
accordance herewith.
Section III. Each Employer who chooses to exercise the option of paying wages by check, as provided in
Rule IV of this Agreement, shall, after receiving the required approval of the New York State Labor
Commissioner, file a copy of such approval with a written request for permission to pay by check with the Board
of Arbitration with the consent by the Employer Association, the Board of Arbitration will, alone, make such
determination. The Board of Arbitration shall withhold approval from any Employer who has been delinquent in
any wage or Fund payments during the preceding twelve months. The Board of Arbitration will recommend to
the Steamfitters’ Industry Fund Trustees, the name of such qualified Employer and after written approval by the
Steamfitters’ Industry Fund Trustees, the Employer may commence paying by check.
An Employer whose check for wages fails to clear in due course agrees forthwith to pay to the Steamfitting
Industry Fund of New York and Long Island Trustees the face amount of such check together with interest at the
Maximum Rate of Interest per annum from the date said Trustees paid such sum on behalf of the Employer
together with the reasonable expense of collection.
Section IV. The Trustees may at any time direct a payroll audit of any Employer to verify the Fund payments.
Failure by any Employer to permit such audit within a reasonable time from receipt of written demand by the
Fund Office, sent via email or mailed to the Employer by registered mail, return receipt requested, to conduct
such audit, or to submit the reports of payments due to the Fund Office in accordance with the requirements of
this Rule XXIV, shall constitute a breach of this Agreement and the rules attached for which Employer shall be
liable to the Funds for liquidated damages in the sum of $500 per day for each day of delay in permitting such
audit beyond the said 10 days, or in submitting the said reports in accordance with the Rule XXIV.
Payroll audits shall be conducted at the Fund Office location at 27-08 40th Avenue, 2nd Floor, Long Island
City, NY, or such other location should the Fund Office move during the term of any Agreement. Employers may
deliver documents to the Fund Office address or upload the required documents through the Fund Office website
at www.steamfitters.com.
The Trustees shall notify the appropriate Enterprise Association officials of all delinquent Employers,
including Employers who are not in compliance with the bonding, auditing and reporting requirements hereof,
for action as provided for in Rule IV. All bonds furnished under this Rule shall provide for the bonding of the
Employer’s obligation to pay the Maximum Rate of Interest per annum of any delinquent Fund payments or
wages and for the reasonable expense for collection including liquidated damages, audit fees and attorney fees in
addition to the principal amount.
Rule XXV
HEALTH & SAFETY COMMITTEE
By the Parties agreeing to this section, they expressly waive the provisions of the New York Health and
Essential Rights Act (commonly referred to as the “Hero Act”). The Union and MCA shall meet as needed to
discuss health and safety topics relevant to the industry, and where necessary, shall disseminate information
and best practices to the industry.
Rule XXVI
UNION ACCESS
All officers of the union shall have access to shops and job sites where any of its members are employed.
Officers shall announce themselves to jobsite foreman or the shop’s receptionist/front desk upon arrival at
jobsites or shops where proper escort is required. Officers shall not be unreasonably delayed access to job
sites and shops. Employers shall make entrance to job sites and shops as readily available to Union Officers
as they do for themselves, members, or their employees. These members include but are not limited to
Journeymen and Apprentices. Officers include the Business Manager and Business Agents.
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AGREEMENT
ARTICLE I
FURNISHING ALL STEAMFITTERS REQUIRED
On this 1st day of April, 2024 it is hereby agreed between the Mechanical Contractors Association of New
York, Inc., hereinafter referred to as “Contractors’ Association” and the Enterprise Association of Steam, Hot
Water, Hydraulic, Sprinkler, Pneumatic Tube, Ice Machine and General Pipe Fitters of New York and Vicinity,
Local Union No. 638, of the United Association of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada, hereinafter referred to as “Enterprise Association”, that the
Enterprise Association shall enforce all the foregoing Rules and shall furnish to the members of the Contractors’
Association all the competent steamfitters and apprentices which they demand through the Contractors’
Association and that in consideration thereof the members of the Contractors’ Association will, in the
employment of steamfitters and apprentices, observe the Rules of the Enterprise Association within the territory
to which they apply as set forth in the copy of same hereto attached. No other Rules shall apply during the life of
this Agreement.
ARTICLE II
LIST OF MEMBERS
It is further mutually agreed that the Contractors’ Association within sixty (60) days after the signing of this
Agreement will furnish the Enterprise Association a list of its members and will notify the Enterprise Association
of any changes that take place in said list of members every month. A correct list of members of the Enterprise
Association shall be furnished to the Contractors’ Association within sixty (60) days after the signing of this
agreement and the Enterprise Association shall each month notify the Contractors’ Association of changes that
take place in said list of members.
ARTICLE III
STRIKES AND LOCKOUTS
It is further mutually agreed that no strike against any member or members of the Contractors’ Association
shall be ordered by any officer of Enterprise Association or entered into by any member of the Enterprise
Association nor shall any lockout against members of the Enterprise Association be declared by the Contractors’
Association, so long as this Agreement and the rules hereto attached are conformed to by both parties.
ARTICLE IV
BOARD OF ARBITRATION
It is further mutually agreed that a Permanent Board of Arbitration shall be established; the said Board to
consist of ten (10) members, five (5) members of the Contractors’ Association and five (5) members of Enterprise
Association.
ARTICLE V
INELIGIBLE MEMBERS
It is further mutually agreed that no member of the Board of Arbitration shall sit on any matter in which such
member is an interested party.
ARTICLE VI
DUTIES OF BOARD OF ARBITRATION
Section I. It is further mutually agreed that the question, matters and complaints, which shall be presented to
the Board of Arbitration for decision, shall be as follows:
All alleged violations of this Agreement or the Rules attached.
The determination of the true intent and meaning of any part of this Agreement or the Rules.
The making of a new agreement to supersede this Agreement at its termination.
Any other matter which may, by mutual agreement, be referred to the Board.
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The Board of Arbitration shall meet monthly (unless mutually agreed unnecessary) to consider the probable
number of steamfitters which shall be required in the near future to carry on the work of the members of the
Contractors’ Association.
Section II. The Board of Arbitration shall meet within two (2) weeks after the execution of this Agreement and
shall select a permanent Arbitrator, who shall serve for one year. The Board shall select a new Arbitrator or
renew the term of the Arbitrator for subsequent one year terms. All new appointments or reappointments shall be
made no more than 60 days nor less than 30 days prior to the end of the term. Should the appointed Arbitrator be
unable or fail to act, the Board, by vote may vacate the appointment and shall make a new appointment within
two (2) weeks.
If the Board of Arbitration fails to agree on any appointment within the time stated herein, they may, by
agreement, extend the time for such appointment. However, if such time extension is not agreed to, each
Association shall select an Umpire and the two (2) Umpires shall within two (2) weeks select the Permanent
Arbitrator.
ARTICLE VII
PROCEDURE OF BOARD OF ARBITRATION
Section I. It is further mutually agreed that in case any of the Rules or Agreements are violated by either of
the parties to this Agreement, or by any of its members, then no strike, work stoppage or lockout against any
member or members of either of the associations shall be instituted by either association without first submitting
the grievance or question at issue to the Board of Arbitration.
Prior to the alleged violation being filed by either party the following procedure will be adhered to: the
charging party will notify in writing the Secretary of their respective association of the alleged violation within
thirty (30) calendar days of the alleged occurrence of a violation. Failure to provide written notification of the
alleged occurrence of a violation within thirty (30) calendar days shall render the grievance closed, and the issue
shall no longer proceed to the Board of Arbitration or the Arbitrator. A meeting will be scheduled between both
associations within thirty (30) days from receipt of written notification, unless otherwise mutually agreed.
Attending this meeting will be both interested parties and a subcommittee consisting of two (2) Trade Board
representatives from each association. If the dispute cannot be resolved, it will then be formally submitted to the
full Board of Arbitration for discussion. The first meeting of the Board of Arbitration shall take place within
fifteen (15) working days after notification in writing from the Secretary of the Association having a grievance,
unless otherwise mutually agreed. When a decision is reached by the Board of Arbitration upon any matter
submitted to it, the said decision shall be final and binding on both parties. Any subsequent action of either
Association shall in no way alter or nullify the effect of said decision, nor shall said decision be abrogated by
either Association without the consent of the Board of Arbitration.
If the Employer fails to attend the sub-committee meeting described in Section I, second paragraph, or if it
fails to attend a meeting of the full Board of Arbitration referred to in Section I, third paragraph, the subcommittee or the full-committee, as the case may be, may issue a decision by default. If the subcommittee
declines to issue a written decision in an instance when the employer fails to appear, the full committee shall then
meet. If the employer fails to appear at the full committee meeting and the committee fails to render a decision,
the union may seek appointment of an arbitrator.
Each Association shall have one (1) vote.
The Rules and Regulations of the Joint Arbitration Board for the Conduct of Grievances Pursuant to Article
VII shall prevail and a copy of said rules shall be provided upon request.
Section II. Should the Board of Arbitration fail to agree after three (3) consecutive meetings, except as to
interpretation of the Agreement of March 24, 1914, hereto attached, said Board of Arbitration shall within two
(2) days refer the dispute to the Arbitrator, and each side shall make its argument before the Arbitrator, who shall
within two (2) working days thereafter render his decision, and said decision shall be final and binding upon both
parties hereto.
ARTICLE VIII
JOINT ARBITRATION PLAN
It is further mutually agreed that both parties to this Agreement shall abide by a Joint Arbitration Plan that
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may be agreed upon by representatives of the several employers’ associations and a majority of the unions of the
building trades of New York City.
It is mutually agreed between the parties hereto that in event of disputes between trades, and disputes relative
to question of jurisdiction of trade, the parties will abide by previous decisions as to jurisdiction published in the
latest issue of the B.T.E.A. Handbook, commonly known as “The Green Book.”
It is mutually agreed between the parties hereto that disputes between trades, and disputes relative to
jurisdiction of trade not covered by decision in the latest issue of the B.T.E.A. Handbook, commonly known as
“The Green Book”, 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 as adopted
on July 9, 1903, and amended on April 22, 1905, and as thereafter amended, except to the extent that Section 3 of
the said Joint Arbitration Plan requires the employer to employ only members of the union directly or indirectly
through subcontractors or otherwise.
Pending 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 IX
TERM OF THIS AGREEMENT
It is further mutually agreed that no change in this Agreement shall be asked for by either party hereto, to
take effect prior to the first day of April 2027 and not then unless notice by the Association asking for such
change is given to the other Association on or before the 31st day of October next preceding the first day of April
2027. Such notice shall be given in writing by Secretary of one Association to Secretary of the other
Association, and shall state specifically all changes desired, and written receipt therefore shall be evidence of
such notice.
In case no notice is served by either Association on or before October 31, 2026 then this Agreement shall
continue in effect from year to year with right reserved for either party to serve notice on or before any 31st day
of October in any year for any desired change to take effect on the following first day of April.
ARTICLE X
It is understood and agreed that this Agreement is based upon the Principles for Trade Agreements as set
forth in the printed annex to this Agreement, and nothing in the Rules of the Enterprise Association attached
hereto, or within this Agreement, shall be interpreted to contradict or nullify any of the said Principles.
It is agreed that if Enterprise Association furnishes Steamfitters to anyone upon more favorable terms or
conditions than those contained herein, then this Agreement shall automatically be amended to incorporate such
more favorable terms or conditions.
It is understood and agreed that in case any provisions of this Agreement shall be found to be contrary to law,
such finding shall not in any way affect the other provisions of this Agreement, which shall, notwithstanding,
continue in full force and effect, and the parties shall within ten (10) days after receipt of written notice by one
party from the other, negotiate in an attempt to arrive at an appropriate substitute provision in light of such ruling.
In the event of change of applicable Federal laws affecting this Agreement, by virtue of which change it shall
become legal for the Enterprise Association to demand that only members of Enterprise Association be employed
in the performance of work under its jurisdiction, or to institute what is commonly known as the “closed shop”,
the Contractors’ Association agrees that in such event and on the giving of ten (10) days’ notice to the
Contractors’ Association by Enterprise Association in writing by registered mail, this Agreement shall be deemed
amended to the end that on and after the conclusion of the said ten (10) day period only members of the
Enterprise Association shall be employed by the Contractors’ Association in their performance of work coming
within the jurisdiction of Enterprise Association and only members of the Metal Trades Branch of Local Union
638 shall be employed in the performance of service work more particularly described in Rule XVI of this
Agreement.
For the Enterprise Association of Steam, Hot Water, Hydraulic, Sprinkler, Pneumatic Tube, Ice Machine,
and General Pipe Fitters of New York and Vicinity, Local Union 638 of the United Association of
Journeyman and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada
LOCAL 638 TRADE BOARD
ROBERT BARTELS, JR.
KEVIN BENIK, CHAIRMAN
THOMAS DAVIS
�BRIAN KEARNEY,;zrJR.1j’71f
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For the Mechanical Contractors Association of New York, Inc.
MICHAEL FREGARA
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UNITED ASSOCIATION OF PLUMBERS
AND STEAMFITTERS OF
UNITED STATES AND CANADA
To Whom It May Concern:
On March 24th, 1914, agreement was made between the United Association of Plumbers, Steam Fitters and
Steam Fitters’ Helpers of the United States and Canada and the Enterprise Association of Steam, Hot Water,
Hydraulic, Sprinkler, Pneumatic Tube, Ice Machine and General Pipe Fitters of New York and Vicinity, and the
Progress Association of Steam, Hot Water and General Pipe Fitters’ Helpers of New York and Vicinity, which
resulted in the admission of the above-mentioned Enterprise and Progress Associations into the aforesaid United
Association of Plumbers, Steam Fitters and Steam Fitters’ Helpers of the United States and Canada, which
agreement entitles the aforesaid Enterprise and Progress Associations to all constitutional rights and privileges of
the United Association.
This agreement provides and is so understood that the Enterprise Association, known additionally as Local
Union No. 638 of the United Association, shall have jurisdiction over all steamfitters in the City of New York,
and that the Progress Association, known additionally as Local Union No. 639 of the United Association, shall
have jurisdiction over all steamfitters’ helpers in the City of New York and such other territory as may be
hereinafter referred to.
It is understood, and contained in the terms of the agreement referred to, that the Enterprise Association and
the Progress Association shall have territorial jurisdiction over such territory as is contained in the City of New
York, all of Long Island and such other adjacent territory as may hereafter be agreed upon between the said
Enterprise and Progress Associations and other Local Unions of the United Associations in the vicinity of New
York City.
It is further understood and agreed that the said Enterprise and Progress Associations shall continue to
observe all terms and conditions of agreements now existing between said Enterprise and Progress Associations
and any employer or employers’ association, without objection or interference on the part of the United
Association of Plumbers, Steam Fitters and Steam Fitters’ Helpers of the United States and Canada, or of any
Local Union or Local Unions thereof.
It is understood and agreed that the members of the Enterprise and Progress Associations while working for
employers located in the City of New York, shall, without hindrance, be privileged to work at the Steam Fitting
trade in the counties of Hudson, Essex, Union, Bergen and Morris, in the State of New Jersey, and at the trades of
Steam Fitting and Sprinkler Fitting in the County of Westchester, State of New York, without depositing
clearance cards in the usual manner.
Members of regularly constituted United Association Locals, while working for employers located in the
aforesaid New Jersey territory, and the county of Westchester, State of New York, shall have a reciprocal
privilege as to the City of New York, provided such members receive a scale of wage prevailing in the City of
New York.
The following plan of trade jurisdiction as indicating the work of a steamfitter and a steamfitters’ helper is
hereby accepted by the United Association through its general board of officers, and by the Enterprise
Association and Progress Association.
DUTIES OF A STEAMFITTER
(1) Wherever any apparatus, utensil or appurtenance erected or installed by the steamfitter shall require a
connection from the water supply of the building, or from any piping erected by the plumber, such supply or
waste connection shall be made by the steamfitter. The plumber shall leave in the water supply piping and in the
waste or sewer piping, suitable outlets, at practical and convenient points, and the steamfitter shall run all
necessary piping from such outlets to the apparatus erected or installed by him and from such apparatus to such
outlets.
Piping of every description, together with its accompanying fittings, valves and appurtenances (excepting,
only, air piping for thermostatic valves) which joins together the several parts of apparatus erected or installed by
the steamfitter, in accordance with the jurisdiction of a steamfitter as herein described, including by-passes, shall
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be erected, installed and connected by the steamfitter, and this regardless of whether such piping conveys steam,
water air-brine ammonia, oil or other liquids or any commercial product or any product in course of manufacture.
(2) All steam, pneumatic and hydraulic poser piping other than the piping for thermostatic valves.
(3) All steam and hot-water heating apparatus and all steam boilers connected to hot-water heating apparatus
and all steam boilers connected to hot-water tanks.
(4) All heat regulating systems, excepting piping for thermostatic valves.
(5) All vacuum heating systems are the work of the steamfitter. All vacuum cleaning systems are the work of
the plumber, provided, however, that same does not include any form of piping for cleaning electrical and other
apparatus and machinery as provided for in paragraph No. 10.
(6) All pneumatic tube systems.
(7) All ice-making, refrigerating and cooling apparatus of every description. This does not include piping for
transmitting ice water for drinking purposes.
(8) All hydraulic piping for elevator, and for the operation of curtains, presses and machinery.
(9) All oil piping in connection with power or heating apparatus, provided, however, that piping used for the
transmission of liquid gasoline in garages, dye houses and cleaning establishments shall be the work of the
plumber.
(10) All air piping for power work, cleaning of electrical and other apparatus and machinery.
(11) Placing, erecting and testing of all fan coils, humidifiers and air washers in connection with heating and
ventilating apparatus and connecting together the parts thereof.
(12) Setting of all fixtures, pumps, tanks and heaters in connection with steam power apparatus or with steam
or hot water heating apparatus.
(13) All steam connections for hot water tanks shall be the work of the steamfitter. The employees of the
contractor furnishing the tank shall place it with all necessary hangers or supports and the plumber shall make all
water connections to the tank.
Hot water tanks and heaters for domestic purposes, which have no steam connections, shall be installed by
the plumber.
(14) All air piping for window or door opening devices or for switch or signal system or for like purposes.
(15) Building and repairing of water grates for power or heating.
(16) All sprinkler systems including all fire stand-pipes connected thereto shall be installed, complete, by the
steamfitter, excepting, only, that the plumber shall set the meter and do all piping from the meter to the water
supply main in the street.
(17) All fire stand-pipes not connected with the sprinkler system, nor with the water supply of the sprinkler
system, shall be the work of the plumber.
(18) All steam and return connections of all kitchen utensils.
(19) All steam ejectors and all piping in connection therewith.
(20) All piping for the transmission of glucose, syrup, liquid sugar, ink or other liquids in manufacturing or
commercial plants or for the transmissions of such other commodities as pass through piping from one point to
another in manufacturing or commercial plants, when such liquids or commodities are part of the product of such
plants, and all piping utilized for railings and racks and similar piping shall be the work of either the steamfitter
or the plumber, provided, however, that pipe railings in engine rooms and boiler rooms shall be the work of the
steamfitter.
In all matters as to which decisions have, heretofore, been rendered by the Arbitration Board of the New
York Building Trades, such decisions shall govern the jurisdiction of the plumber and steamfitter.
Representing the United Association of Plumbers and Steamfitters of the United States and Canada:
JOHN R. ALPINE,
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General President
THOMAS E. BURKE,
General Secretary-Treasurer
E.W. LEONARD,
General Organizer
THE PRINCIPLES FOR TRADE AGREEMENTS
As referred to in Article X of the agreement dated April 1, 2024 between the Mechanical Contractors
Association of New York, Inc., and the Enterprise Association of Steam, Hot Water, Hydraulic, Sprinkler,
Pneumatic Tube, Ice Machine and General Pipefitters of New York City and Vicinity, Local Union No. 638 of
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United
States and Canada.
PRINCIPLES UPON WHICH TRADE
AGREEMENTS SHOULD BE BASED
1. There shall be no strikes or lockouts or stoppage of work, neither shall members of a union collectively leave
the work of a member of the Building Trades Employers’ Association. Trade agreements made by the Employers’
Associations, members of the Building Trades Employers’ Association, and trade unions shall provide that all
disputes arising in the trade shall be settled by trade boards of arbitration, with an umpire if necessary, and the
decisions of trade boards and umpires shall be final and binding.
2. There shall be no agreement providing for discrimination against building materials, raw or manufactured.
3. The amount of work a man may perform shall not be restricted by a union nor by the representative, officers
or members of a union; and the use of machinery, tools, appliances or methods shall not be restricted or
interfered with.
4. The employer shall be at liberty to employ and discharge whomsoever he sees fit; and the members of the
unions shall be at liberty to work for whomsoever they shall see fit.
5. The foreman shall be the agent of the employer and shall not be tried for any of his acts as foreman without
due notice of the trial, accompanied by a written statement of the charges against him, being given to the Joint
Trade Board.
6. The trade associations and unions shall jointly maintain a system which will provide an adequate force of
skilled mechanics. The Apprenticeship Plan of the New York Building Congress is endorsed.
7. Overtime shall not be worked, except when unavoidable.
8. There shall be no provision, in any trade agreement, having for its object the collection of debts.
9. There shall be no provisions, in any trade agreement, which will prevent the doing of cutting by the trade
which installs the work for which the cutting is done.
10. Unskilled work, as defined in the trade agreements, may be performed by the laborers or helpers. The work
that has been heretofore recognized to be in the possession of a trade shall not be submitted to arbitration, unless
possession is claimed by a party or parties to a jurisdiction of trade dispute.
11. All contractors party to this agreement, agree to be bound by decisions of the United Association, the
B.T.E.A. of New York City or the National Joint Board.
12. The Employers recognize that the Union had a legitimate goal of preserving bargaining unit work
opportunities for the Steamfitters who are or have been regularly employed under the Trade Agreement.
The Employers also recognize that the above goal can sometimes best be achieved through the flexibility of
modifying work rules (other than those pertaining to wages, benefit fund contribution rates, or apprentice ratios)
for a particular project.
Therefore, if modifications are approved by the Joint Trade Board to preserve bargaining unit work, the
Employers agree that they will not invoke the Most Favored Nations Clause, Article X, second paragraph, based
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on the Trade Board’s modification of Work Rules (other than those pertaining to wages, benefit fund contribution
rates, or apprentice ratios) for a particular job project.
SUPPLEMENT ON APPRENTICESHIP TRAINING
When Apprentices are out of work, a maximum of one apprentice may be hired to work alongside
two Journeymen Steamfitters per contract on a jobsite with approval of the Union. In all instances, a
contractor shall ensure compliance with the minimum number of apprentices established in Rule II, Section
IIIA as well as compliance with maximum apprentice ratios established by NYS Department of Labor. The
Supplement is for a one-year period; the Supplement is to be evaluated by the Joint Trade Board and can be
extended for one (1) year periods only if agreed to by the Joint Trade Board (there shall be no arbitration to
resolve any lack of agreement).
An out of work Apprentice may be requested by the Employer and, if available, sent to the jobsite.
All requests are subject to the approval of the Union. Any Apprentice hired under this Supplement shall be
assigned overtime if it is assigned to the Journeymen Steamfitters supervising that Apprentice. Employers
requesting an Apprentice for hire under this Supplement shall be current in their employee benefit
contributions and not have a pending matter before the Joint Board of Arbitration or have been found in
violation of the Trade Agreement for a period of one (1) year prior to the request.
NEW SUPPLEMENT FOR LONG ISLAND
AND RESIDENTIAL WORK IN NEW YORK CITY
For jobs bid on or after April 1, 2024, the terms of the Public Works Supplement will be used:
1. for all jobs on Long Island, NY except power generation jobs,
2. for residential jobs in Brooklyn, Queens, the Bronx, and Staten Island, NY,
3. for residential jobs in Manhattan.
For purposes of this provision “residential job” means all new construction or renovation of residential
buildings, and a residential job is defined as single-family units contained in a multi-story building or a
budget/economy hotel such as Hilton Garden Inn, Hampton Inn, Holiday Inn Express, Marriott Courtyard (or any
others as agreed to by the Joint Trade Board); residential building does not include nursing homes, assisted living
facilities, hospitals, college dormitories, or hotels (other than budget/economy hotels).
A residential building may include up to two floors of offices, stores, and/or restaurants; this Supplement
shall not apply to those floors, unless included in the base building contract.
The most favored nation’s provision of the Trade Agreement, Article X, second paragraph, will not apply to
or be invoked as to this Supplement.
This Supplement shall not apply to, or be invoked as to any job bid prior to April 1, 2024, and this
Supplement shall not apply to any job governed by a Project Labor Agreement bid prior to April 1, 2024.
All work bid under the terms and conditions of this Agreement, shall be completed under the terms of this
Agreement.
Temporary services will be maintained at the owner’s request in accordance with the Trade Agreement.
Once the system is on automatic, then no temporary services will be required.
The Supplement shall expire March 31, 2026 as to item (3) residential jobs in Manhattan.
PUBLIC WORKS SUPPLEMENT
SCOPE
This Public Works Supplement is limited to public works projects (Federal, State, City) to be performed
under prevailing rate laws (Davis-Bacon Act and/or Labor Law Section 220), and is applicable to HVAC and
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mechanical public works contracts with a dollar value not to exceed Thirty Million dollars ($30,000,000) and to
fire protection/sprinkler public works contracts with a dollar value not to exceed Three Million dollars
($3,000,000).
TERM
The Supplement is for a period commencing April 1, 2024 to March 31, 2025; the Supplement is to be
evaluated by the Joint Trade Board and can be extended for one (1) year periods only if agreed to by the Joint
Trade Board (there shall be no arbitration to resolve any lack of agreement). If a job is bid under the Supplement
then the terms of the Supplement remain in effect for that job until its completion.
RULE I
Section I: | Hours of labor shall be 7 or 8 hours per day, at the contractor’s discretion, to be performed |
between 6:00 six o’clock A.M. to 4:30 four thirty P.M. | |
Section VI: | Parties agree to a shift plan for all work performed and the steamfitters and/or apprentices shall be |
paid the wage rate for regular time plus a fifteen percent (15%) premium on both wages and fringe benefit
contributions.
RULE III
RATE FOR OVERTIME AND HOLIDAYS
Section I. | On transit projects, where work is performed in the vicinity of tracks all shift work on weekends |
and holidays may be performed at regular shift rates. | |
RULE V All work to be performed under this agreement within the jurisdiction of the Enterprise |
Section I: |
Association must be performed by Journeymen Steamfitters, Apprentices or Trainees.
The crew size shall be any number of men required to safely perform the work, and shall be increased or
decreased at the discretion of the employer.
Hiring of Steamfitters shall be in even numbers. An even number of Steamfitters shall be employed on the
job at all times. At no time will the amount of Apprentices and/or Trainees exceed the number of Journeymen on
the job. (The work of all Apprentices and Trainees will be supervised by a Steamfitter Journeyman).
Section II: It is the employer’s discretion to designate a foreman who must be a Journeyman Steamfitter. A
foreman so designated shall be allowed to work with tools.
RULE IX
CUTTING UP AND MAKING FITTINGS
Section I: All pipe may be cut, threaded, grooved and have fittings made up by hand or machine on the job
or in the shop of the direct employer at the option of direct employer. If the said shop is a permanent shop,
equipped with permanently installed pipe cutting and threading machinery, then the work shall be done by a
Steamfitter working alone. When a direct employer has no permanently installed pipe cutting machinery in his
shop, such work shall be done in accordance with Rule V on the job, or in any shop employing 638 Steamfitters.
Section II: All sprinkler and combination sprinkler/standpipe systems inclusive of cross mains, stringers and
fire hose stations connecting pipe to same may be cut, threaded or grooved in a shop or on the job at the option of
direct employer.
All fittings above 2″ on sprinkler work may be made up in the shop of the direct employer by a Steamfitter
working alone or on the job at the option of the employer. The makeup of fittings up to and including 2″ in
diameter can be ordered from any shop. Prefabricated flexible sprinkler heads not to exceed twenty-four (24)
inches are permissible.
All types of chemical fire protection systems is the work to be performed by Journeymen Steamfitters and/or
Apprentices.
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Section III: All Pipe Fabrication performed in a shop under Section I and II must be labeled before leaving the
shop. The Journeyman performing the work must attach labels to the pipe showing the Journeyman’s name,
signature, book number, name and address of the shop and date when work was performed to demonstrate that
such work was done by a Journeyman Steamfitter within this bargaining unit and under the terms of this
Agreement. Reproductions of the Journeyman’s signature will not be acceptable.
Public works labels shall be obtained by written application to Local Union 638 from individual employers.
These labels shall be delivered by the Union to the Steamfitter in charge of each shop, and he shall be fully
responsible for the proper distribution of these labels.
Section IV: Radiator branches, convector branches and coil connections shall be cut, threaded, welded,
brazed, glued, soldered or any other method of joining shall be done on the job by hand or machine in accordance
with Rule V or at the option of the contractor in a shop employing 638 steamfitters.
Section VI: Pipe of all diameters can be ordered from a supply house cut into pieces for ease of access or
handling and delivered to the shop of the direct employer or the job site. Half lengths of pipe ordered from a
supply house may have a mill bevel, thread or groove on each end. Pipe up to and including 12″ diameter may
be ordered cut to length with both ends prepared from any supply house. This rule does not apply to combination
standpipe.
Section VII: All pipe used for temporary services which has been cut in the shop or on the job and
subsequently removed may be used again.
RULE X
WELDING
Section V: Pipe up to and including 12″ in diameter may be ordered cut to length with both ends prepared
from any supply house. This rule does not apply to combination standpipe.
RULE XI
Section VII: When Steamfitters are working in the building no temporary service personnel are required.
Section VIII: Temporary air conditioning services will only be required for central chiller plant operation.
Section XIII: When temporary services are required the number of Steamfitters required shall be determined by
the employer and the Union for the safe operation of the system.
RULE XV
SHIFT WORK
Section I: Shift work may be performed at the option of the employer outside of the regular work day
except Saturday, Sunday, and Holidays, in accordance with the following:
a) A shift shall consist of eight (8) working hours. All work performed in excess of eight (8) hours shall be
paid at double the rate for regular time. No shift shall commence after 7:00 p.m. on Friday or 7:00 p.m.
the day before holidays. All work performed after 12:01 Saturday or 12:01 the day before a Holiday will
be paid at double the rate for regular time.
b) Starting time for each shift shall be designated by the employer.
c) A Steamfitter or Apprentice who has worked during the same regular workday shall not be assigned to
shift work.
d) The employer shall notify the Union 24 hours prior to the start of shift work.
e) A Steamfitter or Apprentice shall not work more than one shift in a 24-hour period.
f) When shift work is performed, Steamfitters and/or Apprentices shall be paid the wage rate for regular
time worked plus a 15% premium and regular fringe benefit contribution rate plus a 15% premium.
g) When the N.Y.S. Department of Transportation, a local School District, or any other Governmental
Agency requires night shift work, employees shall be paid the wage rate for regular time worked plus a
fifteen percent (15%) premium, together with the regular fringe benefit contribution plus a fifteen percent
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(15%) premium.
TERM OF THIS AGREEMENT
It is further mutually agreed that no change in this agreement shall be asked for by either party hereto, to take
effect prior to the first day of April 1, 2027.
ARTICLE FIVE
It is understood and agreed that this agreement is based upon the Principles for Trade Agreements as set forth
in the printed annex to this agreement, and nothing in the Rules of the Enterprise Association attached hereto, or
within this agreement, shall be interpreted to contradict or nullify any of the said Principles.
It is agreed that the Favored Nation Clause as stated in the existing trade agreement is not applicable to the
Public Works Supplement.
It is understood and agreed that in case any provision of this agreement shall be found to be contrary to law,
such finding shall not in any way affect the other provisions of this agreement, which shall, notwithstanding,
continue in full force and effect and the parties shall within ten (10) days after receipt of written notice by one
party to the other, negotiate in an attempt to arrive at an appropriate substitute provision in light of such ruling.
In the event of change of applicable Federal Laws affecting this agreement, by virtue of which change it shall
become legal for the Enterprise Association to demand that only members of Enterprise Association be employed
in the performance of work under its jurisdiction, or to institute what is commonly known as the “closed shop,”
the Employer agrees that in such event and on the giving of ten (10) days’ notice to the Employer by Enterprise
Association in writing by registered mail, this agreement shall be deemed amended to the end that on and after
the conclusion of the said ten (10) days period only members of the Enterprise Association shall be employed by
the Employer in the performance of work coming within the jurisdiction of Enterprise Association and only
members of the Metal Trades Branch of Local Union 638 shall be employed in the performance of service work
more particularly described in Rule XVI of this agreement.
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INDEX FOR STEAMFITTING TRADE AGREEMENT
Board of Arbitration……………………………………………………………………………………………20
Bonding and Fund Payment
Requirements and Administration……………………………………………………………………17
Cutting, Making up Fittings and Fire Stopping………………………………………………………………..7
Duties of a Steamfitter……………………………………………………………………………..……..……11
Efficiency of Steamfitters and Anti-Discrimination……………………………………………..………..…..11
Expenses Allowed to Steamfitters…………………………………………………………………………………7
Fabrication……………………………………………………………………………………………………….7
Foreman’s Rate…………………………………………………………………………………………………..5
Furnishing All Steamfitters Required….………………………………………………………………….……21
Holidays …………………………………………………………………………..…………………………………5
Joint Arbitration Plan….………………………………………………………………………………………..22
Mission Statement …………………………………………………………………………………….………….2
New Supplement for Long Island and
Residential Work in New York City ………………………………………………………….……..29
New Supplement on Apprenticeship Training……………………………………………………………..29
Overtime ..……………………………………………………………………………………….… ……………5
Payment, Method of …………………………….……………………………………………………………….6
Public Works Supplement …………………………………………………………………..……….………….13
Rigging …………………………………………………………………………………………………………12
Service Work ………………………………………………………………………………………………….13
Shop Stewards …………………………………………………………………………………………………14
Shift Work (Existing Buildings) …………………………………………………………….………..…………11
Steamfitters to Work in Units of Two ………………………………………………………………………….7
Steamfitting Industry Funds
Educational Fund …………………………………………………………….……………………….16
Pension Fund …………………………………………………………………………….……………15
Promotion Fund ………………………………………………………………………………………17
Security Benefit Fund …………………………………………………………….…………………..16
Vacation Plan ………………………………………………………………….………………………16
Welfare Fund …………………………………………………………………….……………………14
Strikes and Lockouts ………………………………………………………………………………………….21
Sub-Contracting ………………………………………………………………….…………………………….11
Temporary Services ……………………………………………………………………………………………10
Tools and Shanties ……………………………………………………………………………………………..10
Union Access…………………………………………………………………………………………………..20
Wages ……………………………………………………………………………………………………………..3
Welding …………………………………………………………………………………………………………9
Working Day …………………………………………………………………….……………………………….3