MCA/Local Union 638 CBA 7.1.2021 thru 6.30.2023

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 July 1 2021 Terminates June 30 2023 1 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 2 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 days work for a fair days 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 3 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 600 oclock AM to threethirty 330 oclock PM 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 twentyfour 24 hours prior to the start of any job which starts at any other time than eight 800 oclock AM 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 600 oclock AM 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 oclock AM and onethirty 130 oclock PM 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 800 oclock AM and threethirty 330 oclock PM Section III If a steamfitter is employed on Temporary Heat the shift shall consist of eight 8 hours or eight and onehalf 8 12 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 July 1 2021 to June 30 2022 6080 per hour 42560 per day of seven 7 hours plus 1875 per hour Welfare 2040 per hour Pension 700 per hour Vacation and 1125 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 XVIIIB XIX XIXB XX XXI XXII XXIII XXIIIA and XXIIIB 4 ADDITIONAL INCREASES July 1 2022 to June 30 2023 225 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 196b 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 401a 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 004 per hour worked to the Labor Management Cooperation Committee and 010 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 600 oclock AM and threethirty 330 oclock PM 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 onehalf hour and at the option of the employer and shall be between the hours of twelve 1200 noon and twelvethirty 1230 oclock PM or twelvethirty 1230 oclock PM and one 100 oclock PM If work starts before eight 800 oclock AM 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 andor maintenance of temporary heat andor temporary air conditioning shall be paid and increased proportionately in accordance with the steamfitters effective wage rate and fringe benefit payments No steamfitter operating andor 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 a jobsite eg 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 5 Supplement is performed steamfitters andor 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 Shift work shall be worked for a minimum of three 3 days Monday through Friday when working at a college or university Section V When the sixth 6th steamfitter is employed on a particular job a Foremans rate of Two Dollars 200 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 Rule III RATE FOR OVERTIME AND HOLIDAYS Section I Any work done between threethirty 330 oclock PM and six 600 oclock AM or seven 700 oclock AM as stated in Rule I Section I and on Saturdays with the exception stated in Rule I Sections III and IV Sundays New Years Day Presidents Day Memorial Day Fourth of July Labor Day Columbus Day Veterans 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 1100 oclock PM and four 400 oclock AM then the steamfitters time shall commence at eleven 1100 oclock PM and continue until said work is completed Under these conditions no steamfitter shall receive less than one 1 days 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 6 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 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 employers delinquency in fund payments causes the Union to remove employees from that employers jobsites more than once in a ninety 90 day period said employer shall pay one days 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 Employers 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 onehalf 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 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 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 7 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 fourhundred 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 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 halflengths grooved beveled or threaded on both ends Section II All combination sprinklerstandpipe 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 8 exceed twentyfour 24 inches are permissible All types of chemical fire protection systems are the work to be performed by journeymen steamfitters andor 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 journeymans 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 journeymans 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 prepiped 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 andor welded in the shop of the direct employer or on the job in accordance with Rule V 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 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 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 temporary piping used in construction is the work of the steamfitter Section IX Fire Stopping of uninsulated pipe is the work of the Steamfitter Section X Geothermal Piping is the work of the steamfitter within the scope of their jurisdiction 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 andor 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 9 andor 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 andor 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 journeymans 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 journeymans 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 Rule XI TEMPORARY SERVICES Section I Except as described in Section VII Steamfitters working alone shall have jurisdiction in the operation andor 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 andor maintenance Steamfitters shall have no claim for temporary heat operation andor maintenance in any building or structure or addition thereto that will have a total of 1500 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 pretemporary services conference shall be held with the OwnerGeneral ContractorConstruction 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 twentyfour 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 10 Section VI Temporary services if required shall be continued until such time as an OwnerGeneral ContractorConstruction 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 OwnerGeneral ContractorConstruction 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 Section X When temporary air conditioning is required by an OwnerGeneral ContractorConstruction 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 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 These shall be heated during winter months and window airconditioners 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 employees 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 50000 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 50000 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 11 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 700 PM on Friday or 700 PM the day before Holidays All work performed after 1201 Saturday or 1201 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 24hour period f Pay for shift work shall be in accordance with Rule II Section IV Rule XVA RIGGING Steamfitters will do all rigging of their pipefittingsvalvesequipment and 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 subcontractor 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 XVB SUBCONTRACTING 1 All work covered under this agreement if subcontracted will be subcontracted to a contractor signatory to this Agreement 2 Any work that has been subcontracted from signatories to this Agreement shall not be resubcontracted 3 It is the intent of this Agreement that subcontracted 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 12 4 The letting contractor shall notify the Fund Office in writing on a form provided by the Fund Office of his intent to subcontract 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 Effective January 1 2022 Failure to properly notify the Fund Office may result in a penalty bond amount as per Rule XXIV Local 638 or the Employers 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 subcontract will assure compliance of Rule XXIV of the Collective Bargaining Agreement 6 The Fund Office shall notify the letting contractor and the Union if the subcontractor becomes delinquent 7 Fabrication subcontracting shall be subject to Rules IX and X Rule XVC 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 onsite 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 July 1 2021 to June 30 2022 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 XVD 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 30000000 and to fire protectionsprinkler contracts with a dollar value not to exceed Three Million Dollars 3000000 and to other projects subject to the approval of the Joint Trade Board The Supplement is for a period commencing July 1 2021 to June 30 2022 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 XVE 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 13 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 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 7 th 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 Agent at Large 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 XVC 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 in behalf of Enterprise Association and members 14 Rule XVIII WELFARE FUND From July 1 2021 to June 30 2023 inclusive all employers shall pay to the Steamfitters Industry Welfare Fund eighteen dollars and fifty cents 1850 per hour for regular time as set forth in Rule I and thirtyseven dollars 3700 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 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 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 initially be 5000 Rule XVIIIB 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 subtrust 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 5000 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 July 1 2021 to June 30 2023 inclusive all employers shall pay to the Steamfitters Industry Pension Fund twelve dollars and eightyfive cents 1285 per hour regular time as set forth in Rule I and twentyfive dollars and seventy cents 2570 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 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 15 Rule XIXB SUPPLEMENTAL RETIREMENT PLAN From July 1 2021 to June 30 2023 inclusive all employers shall pay to the Steamfitters Industry Supplemental Retirement Plan seven dollars and fiftyfive cents 755 per hour regular time as set forth in Rule I and fifteen dollars and ten cents 1510 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 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 July 1 2021 to June 30 2023 inclusive all employers shall pay to the Steamfitters Industry Educational Fund seventyfour 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 NY 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 July 1 2021 to June 30 2023 inclusive all employers shall pay to every journeyman steamfitter employed by them an additional wage in the sum of seven dollars 700 per hour regular time as set forth in Rule I and fourteen dollars 1400 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 16 Rule XXII SECURITY BENEFIT FUND From July 1 2021 to June 30 2023 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 twentyfive cents 1125 per hour regular time as set forth in Rule I and twentytwo dollars and fifty cents 2250 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 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 XXIIIA LABORMANAGEMENT COOPERATION COMMITTEE From July 1 2021 to June 30 2023 inclusive all employers shall pay into the LaborManagement 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 004 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 XXIIIB UNITED ASSOCIATION TRAINING FUND From July 1 2021 to June 30 2023 inclusive all employers shall pay into the United Association Training Fund the sum of ten cents 010 per hour worked as set forth in Rule I for work performed by each steamfitter 17 Rule XXIV BONDING AND FUND PAYMENT REQUIREMENTS AND ADMINISTRATION The below bonding and fund payment requirements and administration procedures shall be effective January 1 2022 For requirements in effect through December 31 2021 please refer to the prior Local 638 Steamfitters Collective Bargaining Agreement 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 Fund of New York and Long Island including the guarantee to the Steamfitters Industry Fund 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 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 6000000 7 to 14 Local 638 Employees 12000000 15 to 30 Local 638 Employees 17000000 31 to 60 Local 638 Employees 45000000 Over 61 Local 638 Employees 75000000 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 ie 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 5501 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 addressed to the Employer has been deposited in the US 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 twentyeight days after written notice of delinquency addressed to the said Employer has been deposited in the US 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 75000000 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 15 th of the following month he shall be considered delinquent The Trustees acting through Chairman and CoChairman or a subcommittee of Trustees designated by them or the Administrator have the authority to direct in writing an Employer that is unbonded andor 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 ie 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 18 Trustees as to any Employer so required to make Fund payments within three 3 days may initiate arbitration andor 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 andor on the delinquency list more than three 3 times during the term of this Agreement andor 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 CoChairman or a subcommittee 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 fails to meet a three 3 day payment schedule that may be directed pursuant to this Paragraph andor fails to pay by Certified Check Bank Check or Money Order 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 such Employer Reporting of Fund payments by employees name shall be submitted at the same time as payments are due 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 Employers 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 attorneys 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 Employers obligation to contribute in any other type of proceeding against the Employer andor its shareholders andor 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 and to Roger Maher as Arbitrator or such other 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 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 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 attorneys 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 Funds 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 andor 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 twentyfour 24 hours prior to the scheduled starting time of the hearing and SIX HUNDRED DOLLARS 600 if paid prior to but less than twentyfour 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 andor its officers andor its shareholders It is expressly understood and agreed that the arbitration provision herein shall not be an exclusive remedy 19 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 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 mechanics 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 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 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 Employers 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 AGREEMENT ARTICLE I FURNISHING ALL STEAMFITTERS REQUIRED On this 1 st day of July 2021 it is hereby agreed between the Mechanical Contractors Association of New 20 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 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 21 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 ten 10 working days of the alleged occurrence of a violation A meeting will be scheduled between both associations within thirty 30 days 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 subcommittee 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 fullcommittee 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 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 BTEA Handbook commonly known as The Green Book It is mutually agreed between the parties hereto that disputes between trades and disputes relative to 22 jurisdiction of trade not covered by decision in the latest issue of the BTEA 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 July 2023 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 January next preceding the first day of July 2023 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 January 31 2023 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 January in any year for any desired change to take effect on the following first day of July 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 23 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 States and Canada 24 For the Mechanical Contractors Association of New York Inc 25 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 abovementioned 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 bypasses shall 26 be erected installed and connected by the steamfitter and this regardless of whether such piping conveys steam water airbrine 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 hotwater heating apparatus and all steam boilers connected to hotwater heating apparatus and all steam boilers connected to hotwater 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 icemaking 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 standpipes 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 standpipes 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 27 General President THOMAS E BURKE General SecretaryTreasurer EW LEONARD General Organizer THE PRINCIPLES FOR TRADE AGREEMENTS As referred to in Article X of the agreement dated July 1 2021 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 BTEA 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 28 on the Trade Boards modification of Work Rules other than those pertaining to wages benefit fund contribution rates or apprentice ratios for a particular job project NEW SUPPLEMENT FOR LONG ISLAND AND RESIDENTIAL WORK IN NEW YORK CITY For jobs bid on or after July 1 2021 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 singlefamily units contained in a multistory building or a budgeteconomy 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 budgeteconomy hotels A residential building may include up to two floors of offices stores andor restaurants this Supplement shall not apply to those floors unless included in the base building contract The most favored nations 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 July 1 2021 and this Supplement shall not apply to any job governed by a Project Labor Agreement bid prior to July 1 2021 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 owners request in accordance with the Trade Agreement Once the system is on automatic then no temporary services will be required The Supplement shall expire June 30 2022 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 DavisBacon Act andor Labor Law Section 220 and is applicable to HVAC and mechanical public works contracts with a dollar value not to exceed Thirty Million dollars 30000000 and to fire protectionsprinkler public works contracts with a dollar value not to exceed Three Million dollars 3000000 TERM The Supplement is for a period commencing July 1 2021 to June 30 2022 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 contractors discretion to be performed between 600 six oclock AM to 430 four thirty PM Section VI Parties agree to a shift plan for all work performed and the steamfitters andor apprentices shall be paid the wage rate for regular time plus a fifteen percent 15 premium on both wages and fringe benefit 29 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 Section I All work to be performed under this agreement within the jurisdiction of the Enterprise 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 andor 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 employers 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 sprinklerstandpipe 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 twentyfour 24 inches are permissible All types of chemical fire protection systems is the work to be performed by Journeymen Steamfitters andor Apprentices 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 Journeymans 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 Journeymans 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 30 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 700 pm on Friday or 700 pm the day before holidays All work performed after 1201 Saturday or 1201 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 24hour period f When shift work is performed Steamfitters andor 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 NYS 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 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 July 1 2023 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 31 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 32 INDEX FOR STEAMFITTING TRADE AGREEMENT Board of Arbitration20 Bonding and Fund Payment Requirements and Administration17 Cutting Making up Fittings and Fire Stopping7 Duties of a Steamfitter11 Efficiency of Steamfitters and AntiDiscrimination10 Expenses Allowed to Steamfitters7 Fabrication7 Foremans Rate5 Furnishing All Steamfitters Required19 Holidays 5 Joint Arbitration Plan21 Mission Statement 2 New Supplement for Long Island and Residential Work in New York City 28 Overtime 5 Payment Method of 5 Public Works Supplement 12 Rigging 11 Service Work 13 Shop Stewards 13 Shift Work Existing Buildings 11 Steamfitters to Work in Units of Two 6 Steamfitting Industry Funds Educational Fund 15 Pension Fund 14 Promotion Fund 16 Security Benefit Fund 16 Vacation Plan 15 Welfare Fund 14 Strikes and Lockouts 20 SubContracting 11 Temporary Services 9 Tools and Shanties 10 Wages 3 Welding 8 Working Day 3