THE ENTERPRISE ASSOCIATION
LOCAL UNION 638
INDEPENDENT CONTRACTOR WORKING AGREEMENT
EFFECTIVE APRIL 1, 2024 TERMINATES MARCH 31, 2027
This WORKING AGREEMENT made and entered into this day of 20 , by and between
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 PIPEFITTING INDUSTRY OF THE UNITED STATES
AND CANADA (hereinafter referred to as ENTERPRISE, 27-08 40th Avenue, 4th Floor, Long Island City, NY 11101), and
Full Legal Name of Employer – (if a partnership, give names of all partner and firm name)
| Business Address | Federal Employer Identification Number |
| Business Phone Number |
Business Email
Signatory Officer’s Email
Signatory Officer’s Printed Name
Signatory Officer’s Cell Phone Number
Is company a certified SDVOB? yes no
Signatory Officer’s Signature Is company a certified M/WBE? yes no
Is company a certified DBE? yes no
Does company have a Rigging License? yes no
Is any company owner a member of Local 638? yes no
If yes, member name:
Member Book Number:
Is any company owner a member of Local 638? If yes, member name:
Member Book Number
(Hereinafter referred to as the EMPLOYER),
Business Manager’s Printed Name Business Manager’s Cell Phone Number
Business Manager’s Signature
Date:
COPY
2
This Page Intentionally Left Blank
COPY
3
WITNESSETH:
WHEREAS, The Enterprise Association is a Labor Union representing steamfitters and apprentices engaged in the steam fitting
trade and its allied branches in the area comprising the City of New York and Nassau and Suffolk Counties, State of New York; and
WHEREAS, the employer has occasion to employ steamfitters and apprentices in connection with such work and desires to enter
into an agreement with The Enterprise Association with respect to such employment and the terms and conditions governing the same;
NOW, THEREFORE, it is mutually agreed between the parties hereto as follows:
The employer recognizes 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 its
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 steam fitting work performed under this Agreement by the employer subject to this
Agreement within the trade jurisdiction as set forth herein.
ARTICLE ONE
WORKING RULES-WAGES AND HOURS
The parties agree that during the term of this Agreement, the attached Rules, numbered “I” to “XXIV” inclusive, governing
wages, hours, Welfare Fund, Pension Fund, Supplemental Retirement Plan, Education Fund, Vacation Plan, Security Benefit Fund,
Industry Promotional Fund, UA Training Fund, Labor-Management Cooperation Committee and other conditions of employment
shall apply to the hiring and employment of all steamfitters and apprentices and shall be in full force and effect and constitute part
of this Agreement. The parties hereto agree to observe and enforce all of the terms and conditions contained in said Rules.
ARTICLE TWO
STRIKES OR LOCKOUTS
It is further mutually agreed that no strike against the EMPLOYER shall be ordered by any officer of or entered into by any
member of The ENTERPRISE Association, nor shall any lockout against members of The ENTERPRISE Association be declared
by the EMPLOYER, so long as this Agreement and the rules hereto attached are conformed to by both parties.
ARTICLE THREE
JOINT ARBITRATION
It is further mutually agreed that both parties to this Agreement shall abide by a Joint Arbitration Plan that may be agreed upon
by the 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 dispute between trades, and disputes relative to question of
jurisdiction of trade, the parties will abide by previous decisions as to jurisdiction published in the latest issue of the B.T.E.A.
Handbook, commonly known as “The Green Book.”
It is mutually agreed between the parties hereto that disputes between trades, and disputes relative to jurisdiction of trade not
covered by decision in the latest issue of the B.T.E.A. Handbook, commonly known as “The Green Book,” shall be adjusted with
the principles of this 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 FOUR
TERM OF THIS AGREEMENT
It is further mutually agreed that no change in this Agreement shall be asked for by either party hereto, to take effect prior to the
first day of April 2024. This Agreement shall begin on April 1, 2024 and remain in full force and effect until midnight of March 31,
2027. This Agreement shall then renew and continue in effect for an additional year unless written notice is given by either party to
the other, no more than ninety (90) and no less than sixty (60) days prior to the expiration date, of its desire to amend or terminate
the Agreement. Likewise, this Agreement shall renew for a period of one (1) year on each year thereafter unless and until either party
provides written notice by certified mail/return receipt requested to the other of its desire to amend or terminate the Agreement no
more than ninety (90) and no less than sixty (60) days prior to the Agreement’s anniversary date.
COPY
4
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 if The Enterprise Association furnishes steamfitters to anyone upon any more favorable terms or conditions
than those contained herein, then this Agreement shall automatically be amended to incorporate such more favorable terms or
conditions. This paragraph does not apply to Rule XV-C, Article Six, or Rule XVII Shop Stewards.
It is understood and agreed that in case any provision of this Agreement shall be found to be contrary to law, such finding shall
not in any way affect the other provisions of this Agreement, which shall, notwithstanding, continue in full force and effect and
the parties shall within ten (10) days after receipt of written notice by one party to the other, negotiate in an attempt to arrive at an
appropriate substitute provisions 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 The 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 The 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 The 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.
ARTICLE SIX
This Agreement shall supersede and replace all previous Agreements entered into between The ENTERPRISE Association
and the EMPLOYER, upon the understanding that the EMPLOYER shall continue to be responsible for any moneys heretofore
payable with respect to the Pension Fund, Welfare Fund, Supplemental Retirement Plan, Labor Management Cooperation
Committee, Educational Fund, Vacation Plan and the Security Benefit Fund.
ARTICLE SEVEN
ARBITRATION CLAUSE
Any dispute concerning the terms, meaning, or application of this Agreement or these Rules, except as to the interpretation of
the Agreement of March 24, 1914 attached hereto or the hiring or discharge of an individual employee shall be resolved according
to the following procedure:
Step 1. The contractor’s designated representative and the Business Agent in whose area the dispute exists, shall meet and
discuss the issue;
Step 2. If the dispute is not resolved by Step 1 within thirty (30) calendar days, the complaining party shall reduce its complaint
to writing, and the Business Manager and the Business Agent shall meet with the President or Chief Operating Officer of the
contractor if other than the President and the person representing the contractor at Step 1;
Step 3. If the dispute is not resolved by Step 2 within ten (10) business days, the Union’s President, Business Manager and
Business Agent involved shall meet with the contractor’s President and its Step 1 representative;
Step 4. If the dispute is not resolved by Step 3 within ten (10) business days, either party may submit the dispute to one of the
industry arbitrators designated herein:
| Stephen F. O’Beirne who shall be offered the case in rotating order. |
and | Richard Adleman |
The decision of the Arbitrator shall be final and binding however, the Arbitrator shall have no jurisdiction to interpret the
Agreement of March 24, 1914, nor whether any individual employee was not hired and/or discharged for just cause. The union
and the contractor shall share the Arbitrator’s fees.
COPY
5
ARTICLE EIGHT
Safety
The Union and the Employer agree to abide by all OSHA Safety Standards and/or any City, State or Federal legislation that
may supersede OSHA and/or any agreed upon Code of Conduct agreed to by the Building and Construction Trades Council of New
York and the Building Trades Employers’ Association.
Site Access; Certifications
The Employer is responsible for site safety access requirements: (SWAC, TWIC and site orientation). The Steamfitter is
responsible to maintain all safety certifications: (FDNY Burning and Fire Watch, OSHA 10 Hour Safety and 4 Hour Scaffold Training).
Assignment of Overtime
The Union and the Employer agree that Steamfitters who perform work during the regular working day, shall perform any
overtime work, wherever practicable, unless it is shift work approved by the Union.
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. With the exception of 1b, the hours of labor shall be seven (7) hours per day to be performed between six (6:00)
o’clock A.M. to three-thirty (3:30) o’clock P.M., as reasonably designated by the employer with the consent of the union, every day
for the entire work force, except Saturday and Sunday and legal holidays. The employer shall notify the union twenty-four (24)
hours prior to the start of any job which starts at any other time than eight (8:00) o’clock A.M. Once the Employer has designated
a starting time for a job, it may not be changed without the consent of the Union.
Section lb. If a contractor has not designated a 6:00 o’clock A.M. start as per Rule I, Section Ia, and when burning, welding,
soldering, chopping, core boring, drilling or material deliveries are required by the owner of an occupied building to be done before
the regular hours of labor, with the request of the Employer and with the consent of the Union, the hours of labor shall be seven (7)
hours per day to be performed between six (6:00) o’clock A.M. and one-thirty (1:30) o’clock P.M. with the first hour to be paid at
fifty percent (50%) differential of the regular rate of wages, including fringe benefits.
Section II. No steamfitter or apprentice shall be allowed to apply to any shop or office for employment except between the
hours of eight (8:00) o’clock A.M. and three-thirty (3:30) o’clock P.M.
Section III. If a steamfitter is employed on temporary heat, the shift shall consist of eight (8) hours or eight and one-half (8 ½)
hours as applicable. One (1) 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 1. All shift work
shall be performed in accordance with Rule XV,
Section VII. Where licenses are required, no steamfitter or apprentice should knowingly work for any unlicensed contractor.
RULE II.
RATE OF WAGES
Section I. Regular time for a steamfitter except as noted in Section II of this Rule shall be paid for at the following rates:
From April 1, 2024 to September 30, 2024, $61.80 per hour ($432.60 per day of seven (7) hours) plus $19.75 per hour Welfare,
$21.15 per hour Pension, $8.00 per hour Vacation, and $11.50 per hour Security Benefit Fund.
In addition to the above, each employer shall pay $.74 per hour to the Educational Fund for each and every hour worked and
one percent (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, XIX, XIX-B, XX, XXI, XXII and XXIII, XXIII-A, XXIII-B.)
COPY
6
ADDITIONAL INCREASES
October 1, 2024 to March 31, 2025…………………………$0.75
April 1, 2025 to September 30, 2025 ………………………$0.75
October 1, 2025 to March 31, 2026…………………………$0.75
April 1, 2026 to September 30, 2026 ………………………$1.50
October 1, 2026 to March 31, 2027…………………………$1.50
New York Paid Sick Leave Law/New York City Paid Safe and Sick Leave Law
Paid Leave Legislation: The contributions made in this section are made in lieu of paid sick days to the employees. By
the Parties agreeing to this provision, they expressly waive the provisions of the New York State Paid Sick Leave Law and the
requirements under Section 196-b of New York State Labor Law, the New York City Paid Sick and Safe Leave Law, or comparable
legislation that may be enacted by any local, state or federal government on the basis that comparable benefits are provided to the
employees covered by this collective bargaining agreement in the form of contributions into various funds in lieu of paid days off.
The money increases stated above are all inclusive, that is, it includes wage increases and Pension, Welfare, Vacation, Security
Benefit and Supplemental Retirement Plan 401 (a) contributions respectively; the contributions of $.74 on each hour worked to the
Educational Fund and one percent (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, $.04 per hour
worked to the Labor-Management Cooperation Committee, and $.10 per hour worked to the U.A. 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 seven (7:00) o’clock
A.M. and three-thirty (3:30) P.M. Fractions of days worked as a result of weather, safety, act of God, or circumstances beyond the
control of the contractor shall be paid for at the same rate, but no steamfitter or apprentice shall be employed for less than two (2)
hours. The lunch period under this Section shall be one-half (1/2) hour and at the option of the employer, and shall be between the
hours of twelve (12:00) noon and twelve-thirty (12:30) o’clock P.M., or twelve-thirty (12:30) o’clock P.M. and one (1:00) o’clock
P.M. If work starts before eight (8:00) o’clock A.M. the lunch period may be adjusted accordingly. No overtime shall be paid for
labor performed during the regular working day. Any steamfitter being laid off will receive a minimum of seven (7) hours pay for
the day of lay off.
Section II. The wages and fringes of steamfitters working on the operation and/or maintenance of temporary heat and/or
temporary air conditioning shall be paid and increased proportionately in accordance with the steamfitters effective wage rate and
fringe benefit payments.
No steamfitter operating and/or maintaining temporary heat shall be employed for less than an eight (8) hour shift.
Section III. For all apprentices who entered the Apprentice Program on or after July 1, 2017, the following percentages of the
wage rate and fringes payable to journeyman steamfitter shall be payable for each year for the duration of their time as an apprentice:
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
Section IIIA. When apprentices are available, a contractor must hire one (1) apprentice for each six (6) workers on a jobsite,
e.g., six (6) workers, one (1) worker must be an apprentice: twelve (12) workers, two (2) workers must be apprentices, etc.
Wherever trainees are employed they shall be paid in accordance with the above apprenticeship rates.
Section IV. When shift work, as defined in Rule XV, or Rule XV (e) and (f) of the Public Works Supplement is performed
steamfitters and/or apprentices shall be paid the wage rate for regular time work plus a fifteen percent (15%) premium on both wages
and fringe benefit contributions.
A shift shall be worked for a minimum of five (5) days Monday through Friday. These five (5) consecutive days must be
worked under one contract on the same jobsite and/or campus.
Shift Work shall be worked for a minimum of three (3) days Monday through Friday when working at a college or university.
These three (3) consecutive days must be worked under one contract on the same job site and/or campus. Additionally, Contractors
may request to work a shift for a minimum of three days at a hospital prior to the start of a shift, and the Union shall not unreasonably
deny such request.
Section V. When the sixth (6th) steamfitter is employed on a particular job, a foreman’s rate of two dollars ($2.00) per hour,
in addition to the regular rate of wage for journeyman steamfitter, shall be paid to the steamfitter on that job who is designated by
the employer as the foreman.
COPY
7
Section VI. Each Union Member Contractor, Owner-Operator, or “Fitter Contractor,” shall be required to contribute to all
Funds listed in this Agreement for a minimum of 1,500 hours per year. For the purpose of this Agreement, “Fitter Contractor” means
an active member of Local 638 who owns a portion of the signatory contractor, whether directly, indirectly through a spouse, or
through a method of subterfuge. At no time shall the Fitter Contractor report less than the actual number of hours of bargaining unit
work performed by the Fitter Contractor in a given workweek, and the Fitter Contractor shall maintain documentation to support
the actual number of hours worked.
RULE III.
RATE FOR OVERTIME AND HOLIDAYS
Section I. Any work done between three-thirty (3:30) o’clock P.M. and seven (7:00) o’clock A.M. or eight (8:00) o’clock
A.M. as stated in Rule I, Section I, and on Saturdays (with the exception stated in Rule I, Sections III and IV), Sundays, New Year’s
Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, the Friday after
Thanksgiving Day and Christmas Day, shall be paid for at double the rate for regular time, commencing at the hour at which the
steamfitter reports for work by direction of the employer. The hours of labor for weekends or holidays shall be no less than seven
(7) hours at double the rate. Fractions of days worked as a result of weather, safety, act of God, circumstances beyond the control
of the contractor or if previously agreed to between the union and the employer, shall be paid for the same rate, but no steamfitter
or apprentice shall be employed for less than two (2) hours at double the rate. In all cases, the holidays described herein will be
observed on the day and date established by the State of New York.
On jobs shut down for safety reasons by a governmental agency and beyond the control of the union and the employer,
steamfitters shall be paid only for hours worked at the time of the shut down. If the job remains shut down for safety reasons for
forty-eight (48) hours or more, steamfitters may be transferred to another job or laid off by telephone. If a lay off occurs due to a
job being shut down for safety reasons, the steamfitter shall not receive compensation for any hours not worked.
In the event a job site is closed for a holiday not specified herein the employer can either transfer the employees to another
job site or arrange for overtime work to compensate the employee for any time lost. If the employees are not transferred or paid
overtime then the employees shall be paid regular time wages for the time lost. Overtime will be made available within five (5)
working days preceding or following the holiday or holy day.
No overtime shall be paid for labor performed during the regular working day.
Section II. Except for shift work when it is not convenient to start work until between the hours of eleven (11:00) o’clock P.M.
and four (4:00) o’clock A.M., then the steamfitter’s time shall commence at eleven (11:00) o’clock P.M. and continue until said work
is completed. Under these conditions, no steamfitter shall receive less than one (1) day’s pay regular time.
Section III. The employer will give employees twenty-four (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 (2) hour penalty of wages and benefits will be paid in the event
a steamfitter does not receive wages due him on pay day, except for extenuating circumstances as agreed by the Joint Trade Board.
If wages are paid by check, the employer must be in compliance with the requirements of Rule XXIV of this Agreement.
Payments to be made at the option of the employer, either on the job or at the shop. When a steamfitter or apprentice is laid off or
discharged or not put to work, he shall at once be paid the wages due him in cash.
If an employer has permission to pay by check, they 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 ten (10) days from the receipt of written demand by
the Fund Office, sent either via email or mailed to the employer by registered mail, return receipt requested, to conduct such audit,
or who is delinquent in the furnishing of a bond or certified check, required under this Agreement.
When an employer’s delinquency in fund payments causes the union to remove employees from that employer’s jobsites more
than once in a ninety (90) day period, said employer shall pay one (1) day’s wages including fringe benefits to each employee who
was removed from the job.
Section III. The checks issued for wages by all employers who have received permission to pay by check shall meet the
following conditions:
COPY
8
A. The employer’s bond shall be in compliance with the requirements of Rule XXIV. Checks must be drawn on a bank
with a branch in New York.
C. The Steamfitters Industry Promotion Fund will guarantee the payment of all bad checks, and will issue an additional
check in the amount of $250.00 for any inconvenience due to a bad check issued to the steamfitter or apprentice.
The payment will be provided by the Promotion Fund within 96 hours from when the Promotion Fund is notified.
Steamfitters must notify the Promotion Fund within 45 days of the check having been issued.
D. Employers who are delinquent in fringe benefit payments under this contract in excess of one-half (1/2) 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 check off 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 (2), one (1) of whom must be a steamfitter. A unit shall consist of:
A. Steamfitter with a steamfitter, or
B. Steamfitter with an apprentice.
RULE VI.
WHERE STEAMFITTERS AND APPRENTICES ARE TO BE AT STARTING TIME
Each steamfitter and apprentice shall be paid from the time at which he leaves the job shanty at the beginning of work within
the territory of Greater New York and all of Long Island and there shall be no board or carfare paid to steamfitters or apprentices
working in said territory.
A steamfitter who is sent to work outside of the above noted territory shall take the boat, train or car leaving either of the
extreme points of the territory, as directed by his employer, going on boat, train or car leaving nearest starting time and returning
take the boat, train or car arriving nearest quitting time.
RULE VII.
EXPENSES ALLOWED TO STEAMFITTERS
Each steamfitter working outside of the limits described in Rule VI shall receive from his employer traveling expenses to and
from the place at which the work is located for as many trips as he is directed by his employer to make. He shall also receive a
reasonable amount of board paid by him and he shall receive regular wages for all regular time consumed in traveling.
If the steamfitter leaves his work before it is completed and without the consent of his employer, it shall be at his own time
and expense. The Steamfitting Industry Promotion Fund shall pay to steamfitters the total sum of four-hundred ($400) dollars
for successfully passing any welders qualification test taken after the normal working day at the Industry Training Center. This
reimbursement shall be paid no more than once per requalification period, as determined by the Department of Buildings or any
other governing agency.
RULE VIII.
In going from his shop to his work, or from his work to the shop, a distance of more than one (1) mile, each steamfitter or
apprentice shall receive from his employer the necessary fare.
COPY
9
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 inches (5”) 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 shall be at a minimum four inches
(4”) 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. H.V.A.C. pipe schedule forty (40) or heavier, four inches (4”) and under, can be ordered
from a supply house in half (1/2) lengths grooved, beveled or threaded on both ends.
Section II. All combination sprinkler/standpipe systems exclusive of cross mains, stringers and fire hose stations and connecting
pipe to same may be cut, threaded or grooved, in the shop of the direct employer or on the job at the option of direct employer. If
the said shop is a permanent shop, equipped with permanently installed pipe cutting and threading machinery, then the work shall
be done by a steamfitter working alone. When a direct employer has no permanently installed pipe cutting machinery in his shop,
such work shall be done in accordance with Rule V on the job or in a shop employing steamfitters.
All fittings above two inches (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 two inches
(2”) in diameter can be ordered from any shop. Prefabricated flexible sprinkler heads not to exceed twenty-four (24”) inches are
permissible.
All types of chemical fire protection systems is the work to be performed by journeyman steamfitters and/or apprentices.
Welded outlets on sprinkler mains in Nassau and Suffolk Counties may be fabricated with U.A. yellow labels.
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 labels to the pipe showing the journeyman’s name, signature, book number, name and
address of the shop and date when work was performed to demonstrate that such work was done by a journeyman steamfitter within
this bargaining unit and under the terms of this Agreement. Reproductions of the journeyman’s signature will not be acceptable.
Labels shall be obtained by written application to Local Union 638 from individual employers. These labels shall be delivered
by the union to the steamfitter in charge of each shop, and he shall be fully responsible for the proper distribution of these labels.
Section IV. Radiator branches, convector branches and coil connections shall be cut, threaded, welded, brazed, glued, soldered
or any other method of joining shall be done on the job by hand or machine in accordance with Rule V or in the shop of the direct
employer using a steamfitter working alone, or at the option of the contractor in a shop employing 638 steamfitters in accordance
with Rule V. Where so specified by the engineer, fan coil units may be delivered to the jobsite with factory pre-piped valve packages.
Section V. The erection and assembly of all pipe hangers and the erection only of supports and manufactured or fabricated
structural attachments for work covered by this Agreement is the work of the steamfitter and apprentice in accordance with Rule V.
Back to back channels, tube steel and back to back angle iron suspended from structural attachments may be cut and/or welded in
the shop of the direct employer or on the job in accordance with Rule V.
The setup, operation, and use of total station or other similar type mapping devices for the purposes of, but not limited to,
layout, installation, or coring of work within Local 638’s jurisdiction shall be the work of the Steamfitter. Under the direction of
the jobsite foreman, supervisors or draftsmen may assist the steamfitters in setup and proper use of the device. The supervisors or
draftsmen shall not operate the device.
All threaded hanger rods shall be cut on the job or in the shop of the direct employer. Where plain hanger rods are utilized, the
cutting and threading of rods under three quarter inch (3/4”) will be done on the job or in the shop of the direct employer. If rods are
cut in the shop of the direct employer, they may be bundled in any amount, and that bundle shall require a single label.
Section VI. Pipe of all diameters can be ordered from a supply house cut into pieces for ease of access or handling and
delivered to the job site. Pipe so ordered will not be cut to sketch and will have a maximum of one (1) mill bevel, thread or groove.
The other end shall have a machined or burned cut.
Section VII. All pipe used for temporary heat which has been cut in the shop or on the job and subsequently removed may be
used again.
Section VIII. All disconnecting and dropping to the floor of any piping covered within the jurisdiction of Local 638 in spaces
that are not to be completely demo-ed shall be the work of the steamfitter. Where asbestos abatement, lead removal, or hazardous
material removal is required on disconnected pipe, dropping and removing may be performed by others.
Section IX. 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.
Section XI. Very early smoke detection apparatus or VESDA piping systems shall be the work of the steamfitter.
COPY
10
RULE X.
WELDING
Acetylene, fusion, electric or other forms of cutting or welding fabrication shall be done on the job or in a shop at the option of
the employer in accordance with the conditions as set forth herewith.
Section I. All welding fabrication except for electric power generating plant installations shall be done by a steamfitter working
alone in the shop of the direct employer, or shall be done in accordance with Rule V either on the job or in any other shop employing
Local 638 steamfitters and/or apprentices.
On electric power generating plant installations over one hundred (100) megawatts all welding fabrication eight inches (8”)
and over shall be done in the shop of the direct employer or any other shop employing Local 638 steamfitters and/or apprentices
using steamfitters working alone or in any other pipe fabrication shop having a signed Agreement with the United Association of
Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada. Welding fabrication six
inches (6”) and under shall be done in the shop of the direct employer using steamfitters working alone or in accordance with Rule
V either on the job or in any other shop employing Local 638 steamfitters and/or apprentices.
A direct employer is a contractor who bids on a job directly for a public or private letting agency. If a direct employer bids and
wins a job for erection and fabrication, it shall be done in accordance with Section I.
Section II. All pipe fabrication performed in a shop under this Agreement must be labeled before leaving the shop. The
journeyman performing the work must attach labels to the pipe showing the journeyman’s name, signature, book number, name and
address of the shop and date when work was performed to demonstrate that such work was done by a journeyman steamfitter within
this bargaining unit and under the terms of this Agreement. Reproductions of the journeyman’s signature will not be acceptable.
Labels shall be obtained by written application to Local Union 638 from individual employers. These labels shall be delivered
by the union to the steamfitter in charge of each shop, and he shall be fully responsible for the proper distribution of these labels.
Section III. The fabrication of van stone joints, the making of hammer welds, or the welding of boiler headers, street
steam headers, circular coils, trombone coils, zigzag coils, trunk coils, double pipe refrigerating machine coils, atmospheric type
condensers, absorbers, weak liquor coolers and rectifiers of refrigerating machines may be done by the employer without reference
to any jurisdiction by Enterprise Association. All other pipe welding is to be performed by journeymen steamfitters.
Section IV. There shall be no exception to this Rule unless an employer makes a specific request on a specific job which must
be submitted to the Board of Arbitration for review, prior to start of job. If approved by the Board of Arbitration, approval shall be
for that job only and shall not prejudice this Rule on any other work.
RULE XI.
TEMPORARY SERVICES
Section I. Except as described in Section VII, steamfitters working alone shall have jurisdiction in the operation and/or
maintenance of all temporary heat work at all times whenever temporary heat is on a building regardless of the source of heat supply.
If the fire is banked or if no heat is in the radiators, steamfitters shall have no claim for temporary heat operation and/or maintenance.
Steamfitters shall have no claim for temporary heat operation and/or maintenance in any building or structure or addition thereto
that will have a total of 1,500 sq. ft. of equivalent direct radiation or less, exclusive of mains and risers installed in said building or
structure or addition thereto when completed.
Section II. Before the commencement of any temporary services for providing heating or air conditioning on a project utilizing
systems installed under this Agreement, a pre-temporary services conference shall be held, with the Owner/General Contractor/
Construction Manager, the Contractor and appropriate Local 638 Business Agent to establish the basic guidelines, rules and
procedures with regard to any temporary services requirements for the project. Said conference shall be held at such time as to give
all appropriate parties’ ample time to provide those services needed.
Section III. Each steamfitter shall conform to the schedule of shifts provided for each job and shall report to his predecessor
on the job at least fifteen (15) minutes before the shift changes and no fitter shall leave his shift until he is relieved. The steamfitters
shall not do any other work and shall not be permitted to work more than one (1) shift in a twenty-four (24) 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 and 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 maintaining temporary services shall sign in with an appropriate party and keeping all necessary “logs”.
Section VI. Temporary services, if required, shall be continued until such time as an Owner/General Contractor/Construction
Manager provides the contractor a letter of acceptance for the mechanical system. A temporary certificate of occupancy of an
elevator, lobby, sanitary facilities and staircase shall not suffice if it does not cover mechanical equipment spaces and equipment
use permits.
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.
COPY
11
Section VIII. All construction offices, engineers offices, sales offices and finished model apartments on the floor are not
subject to temporary air conditioning services.
Section IX. Before temporary services shall be terminated for a project, the Owner/General Contractor/Construction Manager
must provide the Contractor with a letter stating that he accepts the mechanical system for the project and agrees to operate and
maintain the mechanical system for the project.
Section X. When temporary air conditioning is required by an Owner/General Contractor/Construction Manager for hours
other than normal temporary heat shift hours, then a minimum of two (2) 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. Steamfitters shall not be required
to share these facilities with other trades. Where needed, contractors shall make a reasonable effort to provide separate but similar
facilities for women. Separate facilities may include a partitioned space within an existing shanty so long as both spaces have a
dedicated entrance from outside the shanty. These shall be heated during winter months and window air-conditioners or similar shall
be provided in the summer months. Where these are prefabricated for job assembly, they shall be job assembled by steamfitters.
Section III. In the event an employee’s working clothes are destroyed by fire or water during other than working hours, the
employer shall compensate the employee for the replacement of these articles, but in no event shall the amount for replacement
exceed five hundred dollars ($500.00) per man. In the event personal property, including street or dress clothes of an employee,
is destroyed due to fire or water, during working hours, the amount of damage shall be limited to five hundred dollars ($500.00).
RULE XIII.
EFFICIENCY OF STEAMFITTERS
NO DISCRIMINATION
In as much 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 terms and conditions of employment.
RULE XIV
DUTIES OF A STEAMFITTER.
The duties of a steamfitter shall be such as are described under the heading “Duties of a Steamfitter” in the Agreement made and
entered into by and between the United Association and the Enterprise Association, March 24th, 1914, and copy hereto attached.
RULE XV.
SHIFT WORK
(Existing Buildings Occupied or Previously Occupied)
Section I. When work is performed, as in Rule II Section IV, in existing buildings which are or have been occupied, shift
work may be performed at the option of the employer Monday through Friday, in accordance with the following:
a) A shift shall consist of seven (7) working hours. All work performed in excess of seven (7) hours shall be
paid at double the rate for regular time. No shift shall commence after seven (7:00 P.M.) on Friday or seven
(7:00P.M.) the day before holidays. All work performed after 12:01 Saturday or 12:01 the day of a holiday will
be paid at double the rate for regular time.
b) Starting time for each shift shall be designated by the employer.
COPY
12
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 twenty-four (24) hours prior to the start of shift work.
e) A steamfitter or apprentice shall not work more than one (1) shift in a twenty-four (24) hour period.
f) Pay for shift work shall be in accordance with Rule II, Section IV.
RULE XV-A.
RIGGING AND MATERIAL HANDLING
The rights of the Steamfitter shall not be infringed upon in any matter or for any reason in regard to the handling and rigging
of all work within its jurisdiction.
Steamfitters shall do all rigging of their pipe-fittings-valves-equipment and including, but not limited to, all appurtenances and
set all equipment when no license is required.
If a master rigging license is required by law and if the contractor who is party to this Agreement holds a master riggers license
and is the direct bidder or sub-contractor on the job, this work shall be done by steamfitters. No composite crew shall be required.
If the said contractor has no license, steamfitters shall work in units of two in a composite crew of equal numbers, but shall not
outnumber the license holder’s crew when the license is required by law. Steamfitters shall rig all loads prior to the Master Rigging
License holder or his representative attaching the hoist or crane hook. Once the equipment and appurtenances are landed on the
floor and in a safe position, the steamfitters shall move and set this equipment to its destination as per their jurisdiction. Steamfitters
shall operate all equipment moving devices. These devices include but are not limited to, chain blocks, skates, jacks, or dollies.
Truck deliveries will be taken from the sidewalk or truck dock by the steamfitter into the building.
There shall be no exception to this Rule unless an employer makes a specific request on a specific job which shall be submitted
to the Board of Arbitration for review, prior to start of job. If approved by the Board of Arbitration, approval shall be for that job
only and shall not prejudice this Rule on any other work.
RULE XV-B.
SUB-CONTRACTING
1. All work covered under this agreement if sub-contracted, will be sub-contracted to a contractor signatory to this
Agreement.
2. Any work that has been sub-contracted from signatories to this Agreement shall not be re-subcontracted.
3. It is the intent of this Agreement that sub-contracted work shall be all inclusive of labor, materials, tools, etc.,
required for this work and not be labor only contracts. Where testing, flushing, or chemical treatment is included in
the prime contract then it shall be included in the subcontracted piping work.
4. The letting contractor shall notify the Fund Office, in writing, on a form provided by the Fund Office of his
intent to sub-contract work. This notification must take place individually for each job subcontracted and before
commencement of work by Local 638 members on the project being subcontracted. Failure to properly notify the
Fund Office may result in a penalty bond amount as per Rule XXIV. Local 638 or the Employer’s Association may
notify the Board of Arbitration of any failure by a letting contractor to properly notify the Fund Office. The Board
of Arbitration shall review the complaint in a timely matter and may determine to require said employer to increase
their bond. The maximum penalty bond required shall be quadruple the base bond amount required.
5. The contractor who opts to sub-contract will assure compliance of Rule XXIV of the Collective Bargaining
Agreement.
6. The Fund Office shall notify the letting contractor and the Union if the sub-contractor becomes delinquent.
7. Fabrication sub-contracting shall be subject to Rules IX and X.
RULE XV-C.
DOUBLE BREASTING
To protect and preserve, for the employees covered by this Agreement, all work they performed and all work covered by
this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as
follows: if contractor performs on-site construction work of the type covered by this Agreement, under its own name or the name of
another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the contractor, through
its officers, directors, partners, owners or stockholders exercises directly or indirectly (including but not limited to management,
control, or majority ownership through family members), management, control or majority ownership, the terms and conditions of
this Agreement shall be applicable to all such work.
COPY
13
RULE XV-D.
PUBLIC WORKS SUPPLEMENT
There is a separate Public Works Supplement applicable to any public works project (Federal, State, City) done under
prevailing rate laws, and is applicable to H.V.A.C. and mechanical contracts with a dollar value not to exceed thirty million dollars
($30,000,000) and to fire protection/sprinkler contracts with a dollar value not to exceed three million dollars ($3,000,000) and to
other projects subject to the approval of the Joint Trade Board.
If a job is bid under the Supplement then the terms of the Supplement remains in effect for that job until its completion. The
second paragraph to Article Five of this Agreement shall not apply to this Supplement.
RULE XV-E.
JURISDICTIONAL CLAIMS
1. 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 Constitution and By Laws, by agreements with other crafts, awards contained in the Green Book, or
as a result of the decisions by the National Joint Board for the Settlement of Jurisdictional Disputes, or its successor or which are
recognized as being the jurisdiction of the United Association and Steamfitters Local 638 and further agrees to assign all such work
to steamfitters, to the extent the employer has the ability to assign such work, subject to the 1914 Agreement, existing practices and
agreements, and future jurisdictional decisions.
2. 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 two (2) or more units (as defined in Rule V) of Enterprise Association members on a job, then the
union shall send the third (3rd) member to the job to act as shop steward, or the Business Agent may appoint one (1) 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 and who shall act on behalf of the interests of the union
and whose duties shall not interfere with the work he is employed to perform by the employer.
If there is a complaint presented against the member acting as shop steward, either by the contractor or the members on the job,
it will be addressed by the Business Agent, Business Manager and the Presidentwithin 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 second (2nd) 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 two (2) 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 (1) of the units working overtime.
The steamfitter in charge shall be the shop steward whenever there is no appointed shop steward on the job.
The employer agrees not to discriminate in any way against any person so designated as job steward, either due to his being
designated or to his activities on behalf of Enterprise Association and members.
COPY
14
RULE XVIII.
WELFARE FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry Welfare Fund nineteen
dollars and seventy-five cents ($19.75) per hour for regular time as set forth in Rule I, and thirty-nine dollars and fifty cents ($39.50)
per hour for overtime as set forth in Rules I and III for work performed by each journeyman steamfitter. Apprentices shall be paid
in accordance with Rule II, Section III. These payments shall be made for work performed by them in the City of New York and
in Nassau and Suffolk Counties, 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 be five thousand dollars ($5,000).
RULE XVIII-B.
HEALTH REIMBURSEMENT ACCOUNT FUND OF THE STEAMFITTERS’ INDUSTRY
WELFARE FUND
The parties hereto agree to establish by an Agreement and Declaration of Trust, The Health Reimbursement Account Fund of
the Steamfitters’ Industry Welfare Fund (“HRA Fund”), which shall be a sub-trust of the Steamfitters’ Industry Welfare Fund. The
purpose of the HRA Fund is to provide reimbursement of medical care expenses to steamfitters and apprentices employed under
the Trade Agreement, and their spouses and dependents. The HRA Fund shall be jointly administrated 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 five thousand dollars ($5,000)] to be directed to the Steamfitters’ Industry Supplemental
Retirement Fund. Any such agreement shall only apply to amounts paid subsequent to such agreement. Any such amount shall be
considered an amount which was directly contributed to the Steamfitters’ Industry Supplemental Retirement Fund.
RULE XIX.
PENSION FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry Pension Fund twelve
dollars and eighty-five ($12.85) per hour regular time as set forth in Rule I and twenty five dollars and seventy cents ($25.70) per
hour for overtime as set forth in Rules I and III for work performed by each journeyman steamfitter. Apprentices shall be paid in
accordance with Rule II, Section III. These payments shall be made for work performed by them in the City of New York and in
Nassau and Suffolk Counties, 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.
RULE XIX-B.
SUPPLEMENTAL RETIREMENT PLAN
From April 1, 2024 to March 31, 2027 inclusive, all employees shall pay to the Steamfitters’ Industry Supplemental Retirement
Plan eight dollars and thirty cents ($8.30) per hour regular time as set forth in Rule I and sixteen dollars and sixty cents ($16.60)
per hour for overtime as set forth in Rules I and III for work performed by each journeyman steamfitter. Apprentices shall be paid
in accordance with Rule II, Section III. These payments shall be made for work performed by them in the City of New York and in
Nassau and Suffolk Counties, NY, before any deductions are made for withholding or other taxes. Such Fund was established by
an Agreement and Declaration of Trust dated January 24, 1997, to which the Contractors’ Association and Enterprise Association
were parties and all employers agree to make the aforesaid payments in accordance with the rules and regulations established by the
Trustees of said Trust, from time to time, and be bound by and comply with all of the provisions of said Agreement and Declaration
of Trust as the same exists or may during the term of this Agreement to be amended in accordance with its terms.
COPY
15
RULE XX
EDUCATIONAL FUND
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to the Steamfitters’ Industry Educational Fund seventyfour ($.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 classes 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.
For all apprentices who entered the Apprentice Program on or after July 1, 2017, the following percentages of the wage rate and
fringes payable to the journeyman steamfitters shall be payable each year for the duration of their time as an apprentice:
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
RULE XXI.
VACATION PLAN
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay to every journeyman steamfitter employed by them
an additional wage in the sum of eight dollars ($8.00) per hour regular time as set forth in Rule I and sixteen dollars ($16.00) per
hour for overtime as set forth in Rules I and III. Apprentices shall be paid in accordance with Rule II, Section III. This additional
wage, less any requisite withholdings or deduction there from as required by law, shall be paid to the Trustees of the Steamfitters’
Vacation Plan to be established for the account of the respective steamfitter or apprentice and in accordance with the appropriate
rules and regulations to be established by such Trustees; which payments shall be disbursed by said Trustees only to the steamfitter
or apprentice with respect to whom such payments have been made (less actual expense of formulating and administering the trust)
as a vacation payment to said steamfitter or apprentice, and in accordance with such rules and regulations as may be adopted by the
Trustees in furtherance of the objectives set forth in this rule.
Such Plan was established by an Agreement and Declaration of Trust dated July 1, 1953, to which the Contractors’ Association
and Enterprise Association were parties and all employers agree to make the aforesaid payments in accordance with the rules and
regulations established by the Trustees of said Plan, from time to time, and to be bound by and comply with all of the provisions of
said Agreement and Declaration of Trust as the same exists or may during the term of this Agreement be amended in accordance
with its terms.
RULE XXII
SECURITY BENEFIT
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay into the Steamfitters’ Industry Security Benefit Fund
which was established by an Agreement and Declaration of Trust dated September 1, 1961 as a trustee fund jointly administered in
compliance with law the sum of eleven dollars and fifty cents ($11.50) per hour regular time as set forth in Rule I and twenty-three
dollars ($23.00) per hour for overtime as set forth in Rules I and III for work performed by each journeyman. Apprentices shall be
paid in accordance with Rule II, Section III. Said sums less actual expenses of administering the trust shall be held by the Trustees
of said Fund for the benefit of the steamfitter or apprentice with respect to whom such payments have been made and applied in
accordance with such plan as may be adopted by the Trustees. Such plan shall qualify under applicable provisions of the Internal
Revenue Code to insure deductibility of said payments from taxable income of the employer.
COPY
16
Such Fund was established by an Agreement and Declaration of Trust, dated September 1, 1961, to which the Contractors’
Association and Enterprise Association were parties and all employers agree to make the aforesaid payments in accordance with
the rules and regulations established by the Trustees of said Trust, from time to time, and to be bound by and comply with all of the
provisions of said Agreement and Declaration of Trust as the same exists or may during the term of this Agreement be amended in
accordance with its terms.
RULE XXIII
INDUSTRY PROMOTION FUND
Every employer shall during the term of this Agreement pay one percent (1%) per hour of the journeyman steamfitter wage rate
less fringe benefits to the Steamfitting Industry Fund of New York and Long Island for each and every hour worked by journeymen
and apprentice steamfitters for work performed by them in the City of New York and in Nassau and Suffolk Counties, NY. Such
Fund was originated by an Agreement dated July 6, 1966, to which the Contractors’ Association and Enterprise Association were
parties. Such Fund was established by a Declaration of Trust, dated September 30, 1966, and all employers agree to make the
aforesaid payments in accordance with the rules and regulations established by the Trustees of said Trust, from time to time, and to
be bound by and comply with all provisions of said Agreement and Declaration of Trust.
RULE XXIII-A.
LABOR-MANAGEMENT COOPERATION COMMITTEE
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay into the Labor-Management Cooperation Committee,
which was established by an Agreement and Declaration of Trust dated July 1, 2008 as a trusteed fund jointly administered in
compliance with law, the sum of four cents ($.04) per hour worked as set forth in Rules II and III 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 I, 2008, to which the Contractors’ Association
and Enterprise Association were parties and all employers agree to make the aforesaid payments in accordance with the rules and
regulations established by the Trustees of said Trust, from time to time, and to be bound by and comply with all of the provisions
of said Agreement and Declaration of Trust as the same exists or may during the term of this Agreement be amended in accordance
with its terms.
RULE XXIII-B.
From April 1, 2024 to March 31, 2027 inclusive, all employers shall pay into the United Association Training Fund the sum of
ten cents ($0.10) per hour worked as set forth in Rule II and
RULE XXIV.
BONDING AND FUND PAYMENT REQUIREMENTS AND ADMINISTRATION
Section I. Each employer shall furnish a bond or an equivalent amount in cash to the joint benefit of the Trustees of the
Steamfitters’ Industry Welfare Fund, the Steamfitters’ Industry Pension Fund, the Steamfitters Supplemental Retirement Plan, the
Steamfitters’ Industry Educational Fund, the Steamfitters’ Industry Vacation Plan, the Steamfitters’ Industry Security Benefit Fund,
and the Steamfitting Industry 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 are proper venue.
The aggregate amount of the base bond shall be determined by the following:
0 to 6 Local 638 Employees $ 60,000.00
7 to 14 Local 638 Employees 120,000.00
15 to 30 Local 638 Employees 170,000.00
31 to 60 Local 638 Employees 450,000.00
Over 61 Local 638 Employees 750,000.00
COPY
17
Section II. Each Employer will make the required Fund payments provided for in this Agreement within fourteen (14) calendar
days following the close of the work week, i.e., for a work week ending on Tuesday, the Fund payments must be received by the
Fund Office no later than the second following Tuesday except where Trustees have, in writing, authorized or directed other terms;
with respect to any payments not made within the required time, an Employer will pay interest at 16 percent (16%), or the maximum
rate, if any, fixed by Section 5-50 I of the New York General Obligations Law (hereinafter “the Maximum Rate of Interest”) from
the date due, and, as liquidated damages, an additional amount equal to 20% of the unpaid contributions as determined by a court
of competent jurisdiction, and will reimburse the Funds for the reasonable expense of collection including attorneys’ fees and
audit fees. In the event that an Employer is delinquent fourteen days after written notice of delinquency sent either via email or
addressed to the Employer has been deposited in the U.S. mail by certified mail, return receipt requested, the said Employer shall
be required thereafter for the remaining term of this Agreement to furnish a bond for double the amount required in Section I, and if
the said Employer is thereafter delinquent at any time during the term of this Agreement of twenty-eight days after written notice of
delinquency addressed to the said Employer has been deposited in the U.S. mail by certified mail, return receipt requested, the said
Employer shall be required thereafter for the remaining term of this Agreement to furnish a bond for quadruple the amount required
in Section I. In the case of delinquency, the maximum bond shall be quadruple the base bond amount required. The Trustees may,
in their sole discretion, accept or require a personal bond, certified check, or guarantee of payment of one or more stockholders or
officers of the Employer in lieu of the additional amounts which may be required of an Employer pursuant to this paragraph.
Application for such less frequent payments must be made in writing by the Employer and shall, upon approval, require a
bond for double the amount required in Section I but in no case shall the base bond be more than $750,000.00. Such less frequent
payments are described as monthly. Payment must be made within fifteen (15) calendar days following the close of the prior work
month. If said employer has not remitted payment of funds for the prior month by the fifteenth (15th) of the following month, he
shall be considered delinquent.
The Trustees, acting through Chairman and Co-Chairman or a sub-committee of Trustees designated by them, or the
Administrator, have the authority to direct, in writing, an Employer that is unbonded and/or on the delinquency list more than three
(3) times during the term of this Agreement to make its payments to the Funds within three (3) calendar days from the close of the
work week, i.e., for a work week ending on Tuesday, the Fund payments must be received by the Fund Office no later than the Friday
of the same calendar week. The Trustees, as to any Employer so required to make Fund payments within three (3) days, may initiate
arbitration and/or any other remedy available to them, at any time after the third calendar day from the close of the work week,
without further notice. In addition, where a contractor is unbonded and/or on the delinquency list more than three (3) times during
the term of this Agreement and/or issues a check to the Funds which is returned “unpaid for insufficient funds,” “uncleared funds”
or as to which the Employer stopped payment, the Trustees, through Chairman and Co-Chairman or a sub-committee of Trustees
designated by them, have the authority to direct an Employer to make Fund payments by means of Certified Check, Bank Check,
or Money Order. Any Employer that issues a check to the Funds which is returned for any of the aforementioned reasons, shall be
charged a bounced check inconvenience fee by the Fund Office in the amount of one hundred dollars ($100) unless the Employer
can demonstrate that the bounced check was caused by a bank or third-party error and due to no fault of the Employer. Any
Employer that is at fault for more than one bounced check to the Fund Office shall forfeit their check writing privileges and must
submit payment via ACH or wire transfer. Any Employer that fails to meet a three (3) day payment schedule that may be directed
pursuant to this Paragraph, and/or fails to pay by Certified Check, Bank Check 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 employee’s name shall be submitted at the same time as payments are due. All hours reporting
will be entered by the contractor on the employer portal section of www.steamfitters.com.
In addition to any other action the Funds may be empowered to take, the Funds may bring an action pursuant to Sections 502
(G) (2) and 515 of the Employee Retirement Income Security Act of 1974, as amended, to enforce the Employer’s obligation to
make contributions. In any action under the preceding sentence in which judgment is awarded in favor of the Funds, such judgment
shall award the Funds: the unpaid contributions, and interest at the Maximum Rate of Interest, and as liquidated damages an amount
equal to 20 percent of the said unpaid contributions as determined by the court, and reasonable attorney’s fees, audit fees and costs
of the action, and such other legal or equitable relief as the court deems appropriate. Nothing in the foregoing two sentences shall
be construed as a waiver or limitation on the Funds’ or the Trustees rights to enforce an Employer’s obligation to contribute in any
other type of proceeding against the Employer and/or its shareholders and/or its officers.
In the event an Employer is delinquent hereunder as defined in Rule IV, Section II, the Funds, in their sole discretion, may
initiate arbitration proceedings to obtain appropriate relief. The parties specifically agree that any claim made by the Funds based
upon any such delinquency may be initiated by the Funds upon fourteen (14) days written notice of intention to arbitrate by registered
mail or certified mail to the last address of the employer on record with the Fund Office, and to Richard Adelman 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
COPY
18
of Interest; and as liquidated damages an amount equal to 20% (twenty percent) of the unpaid contributions as well as any sums
due pursuant to Section IV of this Rule; and reasonable attorney’s fees, audit fees and costs of collection, and such other legal and
equitable relief as the Arbitrator deems appropriate. It is specifically agreed by the Employer that in any case in which the Funds
serve a notice of intention to arbitrate (or demand for arbitration) which results in a notice of hearing being issued by the Arbitrator,
contributions for all weeks which are claimed as due by the Funds as of the notice of intention to arbitrate as well as contributions
for all weeks claimed as due by the Funds through the date of the arbitration hearing or adjourned date, if any shall be subject to
such arbitration. Once the notice of the hearing is issued, payment of the sums claimed in the notice of intention to arbitrate and all
sums claimed as becoming due thereafter in accordance with the preceding sentence, will not be deemed to have been made until the
Fund Office receives such sums in the form of cash, certified check, or an uncertified check which the Fund Office determines has
cleared prior to the arbitration hearing; the Fund’s judgment as to the time of clearing of a check shall be conclusive. An Employer
to whom a demand for arbitration has been mailed shall pay cancellation fee for legal, administrative and/or arbitration costs as
follows: if all fringe benefits claimed in the demand for arbitration are paid, with interest, prior to the arbitrator mailing a notice
of hearing, the cancellation fee is TWO HUNDRED DOLLARS ($200); if the notice of hearing has been issued by the arbitrator,
and all fringe benefits claimed by the Funds as due as of the date of hearing have been paid, with interest, the cancellation fee is
FOUR HUNDRED DOLLARS ($400), if paid more than twenty-four (24) hours prior to the scheduled starting time of the hearing
and SIX HUNDRED DOLLARS ($600) if paid prior to, but less than twenty-four (24) hours before the scheduled starting time
of the hearing. Initiation of the aforesaid arbitration procedure shall not preclude the Funds from pursuing any other remedy or
remedies available to them including other remedies against the Employer and/or its officers and/or its shareholders. It is expressly
understood and agreed that the arbitration provision herein shall not be an exclusive remedy.
At the option of the Funds, suit may be brought by the Funds against the Employer (a) in the Southern District or Eastern
District of New York in the case of Federal court action by the Funds, or (b) in the courts of the State of New York, in which event
the Counties of New York or Nassau are deemed proper venue, and the law of the State of New York shall apply except that federal
law shall apply as to the remedies available through arbitration. It is agreed that the Funds may sue collectively or individually in
their own name or, alternately, in the name of the Administrator and at least one Employer Trustee and one Union Trustee from each
of the Funds.
The Funds, in their own name or, alternatively, in the name of the Administrator and at least one Employer Trustee and one
Union Trustee from each of the Funds, may file mechanic’s liens on behalf of each and every employee who works under this
Agreement, with respect to any contribution due such employee and not paid in accordance herewith.
Section III. Each Employer who chooses to exercise the option of paying wages by check, as provided in Rule IV of this
Agreement, shall, after receiving the required approval of the New York State Labor Commissioner, file a copy of such approval
with a written request for permission to pay by check with the Board of Arbitration with the consent by the Employer Association,
the Board of Arbitration will, alone, make such determination. The Board of Arbitration shall withhold approval from any Employer
who has been delinquent in any wage or Fund payments during the preceding twelve months. The Board of Arbitration will
recommend to the Steamfitters’ Industry Fund Trustees, the name of such qualified Employer and after written approval by the
Steamfitters’ Industry Fund Trustees, the Employer may commence paying by check.
An Employer whose check for wages fails to clear in due course agrees forthwith to pay to the Steamfitting Industry Fund
of New York and Long Island Trustees the face amount of such check together with interest at the Maximum Rate of Interest per
annum from the date said Trustees paid such sum on behalf of the Employer together with the reasonable expense of collection.
Section IV. The Trustees may at any time direct a payroll audit of any Employer to verify the Fund payments. Failure by
any Employer to permit such audit within a reasonable time from receipt of written demand by the Fund Office, sent via email or
mailed to the Employer by registered mail, return receipt requested, to conduct such audit, or to submit the reports of payments due
to the Fund Office in accordance with the requirements of this Rule XXIV, shall constitute a breach of this Agreement and the rules
attached for which Employer shall be liable to the Funds for liquidated damages in the sum of $500 per day for each day of delay in
permitting such audit beyond the said 10 days, or in submitting the said reports in accordance with the Rule XXIV.
Payroll audits shall be conducted at the Fund Office location at 27-08 40th Avenue, 2nd Floor, Long Island City, NY, or such
other location should the Fund Office move during the term of any Agreement. Employers may deliver documents to the Fund
Office address or upload the required documents through the Fund Office website at www.steamfitters.com.
The Trustees shall notify the appropriate Enterprise Association officials of all delinquent Employers, including Employers
who are not in compliance with the bonding, auditing and reporting requirements hereof, for action as provided for in Rule IV. All
bonds furnished under this Rule shall provide for the bonding of the Employer’s obligation to pay the Maximum Rate of Interest
per annum of any delinquent Fund payments or wages and for the reasonable expense for collection including liquidated damages,
audit fees and attorney fees in addition to the principal amount.
COPY
19
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 Employer shall meet as needed to discuss health and safety topics
relevant to the industry, and where necessary, shall disseminate information and best practices to the industry.
RULE XXVI.
UNION ACCESS
All officers of the union shall have access to shops and job sites where any of its members are employed. Officers shall
announce themselves to jobsite foreman or the shop’s receptionist/front desk upon arrival at jobsites or shops where proper escort
is required. Officers shall not be unreasonably delayed access to job sites and shops. Employers shall make entrance to job sites
and shops as readily available to Union Officers as they do for themselves, members, or their employees. These members include
but are not limited to Journeymen and Apprentices. Officers include the Business Manager and Business Agents.
UNITED ASSOCIATION OF PLUMBERS AND STEAMFITTERS OF
UNITED STATES AND CANADA
To Whom It May Concern:
On March 24th, 1914, agreement was made between the United Association of Plumbers, Steam Fitters and Steam Fitters’
Helpers of the United States and Canada and the Enterprise Association of Steam, Hot Water, Hydraulic, Sprinkler, Pneumatic Tube,
Ice Machine and General Pipe Fitters of New York and Vicinity, and the Progress Association of Steam, Hot Water and General
Pipe Fitters’ Helpers of New York and Vicinity, which resulted in the admission of the above-mentioned Enterprise and Progress
Associations into the aforesaid United Association of Plumbers, Steam Fitters and Steam Fitters’ Helpers of the United States and
Canada, which agreement entitles the aforesaid Enterprise and Progress Associations to all constitutional rights and privileges of
the United Association.
This Agreement provides and is so understood that the Enterprise Association, known additionally as Local Union No. 638
of the United Association, shall have jurisdiction over all steamfitters in the City of New York, and that the Progress Association,
known additionally as Local Union No. 639 of the United Association, shall have jurisdiction over all steamfitters’ helpers in the
City of New York and such other territory as may be hereinafter referred to.
It is understood, and contained in the terms of the agreement referred to, that the Enterprise Association and the Progress
Association shall have territorial jurisdiction over such territory as is contained in the City of New York, all of Long Island and such
other adjacent territory as may hereafter be agreed upon between the said Enterprise and Progress Associations and other Local
Unions of the United Associations in the vicinity of New York City.
It is further understood and agreed that the said Enterprise and Progress Associations shall continue to observe all terms
and conditions of agreements now existing between said Enterprise and Progress Associations and any employer or employers’
association, without objection or interference on the part of the United Association of Plumbers, Steam Fitters and Steam Fitters’
Helpers of the United States and Canada, or of any Local Union or Local Unions thereof.
It is understood and agreed that the members of the Enterprise and Progress Associations while working for employers located
in the City of New York, shall, without hindrance, be privileged to work at the Steam Fitting trade in the Counties of Hudson, Essex,
Union, Bergen and Morris, in the State of New Jersey, and at the trades of Steam Fitting and Sprinkler Fitting in the County of
Westchester, State of New York, without depositing clearance cards in the usual manner.
Members of regularly constituted United Association Locals, while working for employers located in the aforesaid New Jersey
territory, and the County of Westchester, State of New York, shall have a reciprocal privilege as to the City of New York, provided
such members receive a scale of wage prevailing in the City of New York.
The following plan of trade jurisdiction as indicating the work of a steamfitter and a steamfitters’ helper is hereby accepted by
the United Association through its general board of officers, and by the Enterprise Association and Progress Association.
COPY
20
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 (expecting,
only, air piping for thermostatic valves) which joins together the several parts of apparatus erected
or installed by the steamfitter, in accordance with the jurisdiction of a steamfitter as herein described,
including by-passes, shall be erected, installed and connected by the steamfitter, and this regardless of
whether such piping conveys steam, water air-brine ammonia, oil or other liquids or any commercial
product or any product in course of manufacture.
(2) All steam, pneumatic and hydraulic poser piping other than the piping for thermostatic valves.
(3) All steam and hot-water heating apparatus and all steam boilers connected to hot-water heating apparatus and all
steam boilers connected to hot-water tanks.
(4) All heat regulating systems, excepting piping for thermostatic valves.
(5) All vacuum heating systems are the work of the steamfitter. All vacuum cleaning systems are the work of the
plumber, provided, however, that same does not include any form of piping for cleaning electrical and other
apparatus and machinery as provided for in paragraph No. 10.
(6) All pneumatic tube systems.
(7) All ice-making, refrigerating and cooling apparatus of every description. This does not include piping for
transmitting ice water for drinking purposes.
(8) All hydraulic piping for elevator, and for the operation of curtains, presses and machinery.
(9) All oil piping in connection with power or heating apparatus, provided, however, that piping used for the
transmission of liquid gasoline in garages, dye houses and cleaning establishments shall be the work of the
plumber.
(10) All air piping for power work, cleaning of electrical and other apparatus and machinery.
(11) Placing, erecting and testing of all fan coils, humidifiers and air washers in connection with heating and
ventilating apparatus and connecting together the parts thereof.
(12) Setting of all fixtures, pumps, tanks and heaters in connection with steam power apparatus or with steam or hot
water heating apparatus.
(13) All steam connections for hot water tanks shall be the work of the steamfitter. The employees of the contractor
furnishing the tank shall place it with all necessary hangers or supports and the plumber shall make all water
connections to the tank. Hot water tanks and heaters for domestic purposes, which have no steam connections,
shall be installed by the plumber.
(14) All air piping for window or door opening devices or for switch or signal system or for like purposes.
(15) Building and repairing of water grates for power or heating.
(16) All sprinkler systems including all fire stand-pipes connected thereto shall be installed, complete, by the
steamfitter, excepting, only, that the plumber shall set the meter and do all piping from the meter to the water
supply main in the street.
(17) All fire stand-pipes not connected with the sprinkler system, nor with the water supply of the sprinkler system,
shall be the work of the plumber.
(18) All steam and return connections of all kitchen utensils.
(19) All steam ejectors and all piping in connection therewith.
(20) All piping for the transmission of glucose, syrup, liquid sugar, ink or other liquids in manufacturing or commercial
plants or for the transmissions of such other commodities as pass through piping from one point to another in
manufacturing or commercial plants, when such liquids or commodities are part of the product of such plants,
and all piping utilized for railings and racks and similar piping shall be the work of either the steamfitter or
the plumber, provided, however, that pipe railings in engine rooms and boiler rooms shall be the work of the
steamfitter.
COPY
21
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:
| Mark McManus, General President |
Patrick H. Kellett, General Secretary-Treasurer |
James E. Tucker, General Organizer |
THE PRINCIPLES FOR TRADE AGREEMENTS
As referred to in Article X of the agreement dated July 17, 2024 between the Mechanical Contractors Association of New
York, Inc., and the Enterprise Association of Steam, Hot Water, Hydraulic, Sprinkler, Pneumatic Tube, Ice Machine and General
Pipefitters of New York City and Vicinity, Local Union No. 638 of United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United States and Canada.
PRINCIPLES UPON WHICH TRADE AGREEMENTS SHOULD BE BASED
1. There shall be no strikes or lockouts or stoppage of work, neither shall members of a union collectively leave the work
of a member of the Building Trades Employers’ Association. Trade agreements made by the Employers’ Associations,
members of the Building Trades Employers’ Association, and trade unions shall provide that all disputes arising in the
trade shall be settled by trade boards of arbitration, with an umpire if necessary, and the decisions of trade boards and
umpires shall be final and binding.
2. There shall be no agreement providing for discrimination against building materials, raw or manufactured.
3. The amount of work a man may perform shall not be restricted by a union nor by the representative, officers or members
or a union; and the use of machinery, tools, appliances or methods shall not be restricted or interfered with.
4. The employer shall be at liberty to employ and discharge whomsoever he sees fit; and the members of the unions shall be
at liberty to work for whomsoever they shall see fit.
5. The foreman shall be the agent of the employer and shall not be tried for any of his acts as foreman without due notice of
the trial, accompanied by a written statement of the charges against him, being given to the Joint Trade Board.
6. The trade associations and unions shall jointly maintain a system which will provide an adequate force of skilled
mechanics. The Apprenticeship Plan of the New York Building Congress is endorsed.
7. Overtime shall not be worked, except when unavoidable.
8. There shall be no provision, in any trade agreement, having for its object the collection of debts.
9. There shall be no provisions, in any trade agreement, which will prevent the doing of cutting by the trade which installs
the work for which the cutting is done.
10. Unskilled work, as defined in the trade agreements, may be performed by the laborers or helpers. The work that has been
heretofore recognized to be in the possession of a trade shall not be submitted to arbitration, unless possession is claimed
by a party or parties to a jurisdiction of trade dispute.
11. All contractors party to this agreement, agree to be bound by decisions of the United Association, the B.T.E.A. of New
York City or the National Joint Board.
12. The employers recognize that the union had a legitimate goal of preserving bargaining unit work opportunities for the
steamfitters who are or have been regularly employed under the Trade Agreement.
The employers also recognize that the above goal can sometimes best be achieved through the flexibility of modifying work
rules (other than those pertaining to wages, benefit fund contribution rates, or apprentice ratios) for a particular project.
Therefore, if modifications are approved by the Joint Trade Board to preserve bargaining unit work, the employers agree that
they will not invoke the Most Favored Nations Clause, Article Five, second paragraph, based on the Trade Board’s modification of
Work Rules (other than those pertaining to wages, benefit fund contribution rates, or apprentice ratios) for a particular job project.
SUPPLEMENT ON APPRENTICESHIP TRAINING
When Apprentices are out of work, a maximum of one apprentice may be hired to work alongside two Journeymen Steamfitters
per contract on a jobsite with approval of the Union. In all instances, a contractor shall ensure compliance with the minimum number
of apprentices established in Rule II, Section IIIA as well as compliance with maximum apprentice ratios established by NYS
Department of Labor. The Supplement is for a one-year period; the Supplement is to be evaluated by the Joint Trade Board and can
be extended for one (1) year periods only if agreed to b1y the Joint Trade Board (there shall be no arbitration to resolve any lack of
agreement). This is only available when a shop steward is on a jobsite.
COPY
22
An out of work Apprentice may be requested by the Employer and, if available, sent to the jobsite. All requests are subject to the
approval of the Union. Any Apprentice hired under this Supplement shall be assigned overtime if it is assigned to the Journeymen
Steamfitters supervising that Apprentice. Employers requesting an Apprentice for hire under this Supplement shall be current in
their employee benefit contributions and not have a pending matter before the Joint Board of Arbitration or have been found in
violation of the Trade Agreement for a period of one (1) year prior to the request.
NEW SUPPLEMENT FOR LONG ISLAND
AND RESIDENTIAL WORK IN NEW YORK CITY
For jobs bid on or after April 1, 2024, the terms of the Public Works Supplement will be used (1) for all jobs on Long Island, NY
except power generation jobs, (2) for residential jobs in Brooklyn, Queens, the Bronx, and Staten Island, NY, and (3) for residential
jobs in Manhattan.
For purposes of this provision “residential job” means all new construction or renovation of residential buildings, and a
residential job is defined as single-family units contained in a multi-story building or a budget/economy hotel such as Hilton Garden
Inn, Hampton Inn, Holiday Inn Express, Marriott Courtyard (or any others as agreed by the Joint Trade Board); residential building
does not include nursing homes, assisted living facilities, hospitals, college dormitories, or hotels (other than budget/economy
hotels).
A residential building may include up to two (2) floors of offices, stores, and/or restaurants: this Supplement shall not apply to
those floors, unless included in the base building contract.
The most favored nation’s provision of this Agreement, Article Five, second paragraph of this Agreement, will not apply to or
be invoked as to this Supplement.
This Supplement shall not apply to, or be invoked as to any job bid prior to April 1, 2024, and this Supplement shall not apply
to any job governed by a Project Labor Agreement bid prior to April 1, 2024.
All work bid under the terms and conditions of this Agreement, shall be completed under the terms of this Agreement. Temporary
services will be maintained at the owner’s request in accordance with the Trade Agreement. Once the system is on automatic, then
no temporary services will be required.
The Supplement shall expire March 31, 2026 as to item (3) residential jobs in Manhattan.
PUBLIC WORKS SUPPLEMENT
SCOPE
This Public Works Supplement is limited to public works projects (Federal, State, City) to be performed under prevailing rate
laws (Davis-Bacon Act and/or Labor Law Section 220), and is applicable to H.V.A.C. and mechanical public works contracts with
a dollar value not to exceed thirty million dollars ($30,000,000) and to fire protection/sprinkler public works contracts with a dollar
value not to exceed three million dollars ($3,000,000).
RULE I.
Section I: Hours of labor shall be 7 or 8 hours per day, at the contractor’s discretion, to be performed between six (6:00)
o’clock A.M. to four-thirty (4:30) P.M.
Section VI: Parties agree to a shift plan for all work performed and the steamfitters and/or apprentices shall be paid the wage
rate for regular time work plus a fifteen percent (15%) premium on both wages and fringe benefit contributions.
RULE III.
RATE FOR OVER TIME AND HOLIDAYS
Section IV: 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 and/or trainees exceed the number of journeymen on the job. (The work of all apprentices
and trainees will be supervised by a steamfitter journeyman).
Section II: It is the employer’s discretion to designate a foreman who must be a journeyman steamfitter. A foreman so
designated shall be allowed to work with tools.
COPY
23
RULE IX.
CUTTING AND MAKING UP FITTTINGS
Section I: All pipe may be cut, threaded, grooved and have fittings made up by hand or machine on the job or in the shop of
the direct employer at the option of direct employer. If the said shop is a permanent shop, equipped with permanently installed
pipe cutting and threading machinery, then the work shall be done by a steamfitter working alone. When a direct employer has no
permanently installed pipe cutting machinery in his shop, such work shall be done in accordance with Rule V on the job, or in any
shop employing 638 steamfitters.
Section II: All sprinkler and combination sprinkler/standpipe systems inclusive of cross mains, stringers and fire hose stations
connecting pipe to same may be cut, threaded or grooved in a shop or on the job at the option of direct employer.
All fittings above two inches (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 two inches (2”) in diameter can be
ordered from any shop. Prefabricated flexible sprinkler heads not to exceed eighteen (18”) inches are permissible.
All types of chemical fire protection systems is the work to be performed by journeymen steamfitters and/or 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 journeyman’s name, signature, book number, name and
address of the shop and date when work was performed to demonstrate that such work was done by a journeyman steamfitter within
this bargaining unit and under the terms of this Agreement. Reproductions of the journeyman’s signature will not be acceptable.
Public works labels shall be obtained by written application to Local Union 638 from individual employers. These labels shall
be delivered by the union to the steamfitter in charge of each shop, and he shall be fully responsible for the proper distribution of
these labels.
Section IV: Radiator branches, convector branches and coil connections shall be cut, threaded, welded, brazed, glued, soldered
or any other method of joining shall be done on the job by hand or machine in accordance with Rule V or at the option of the
contractor in a shop employing 638 steamfitters:
Section VI: Pipe of all diameters can be ordered from a supply house cut into pieces for ease of access or handling and
delivered to the shop of the direct employer or the job site. Half lengths of pipe ordered from a supply house may have a mill bevel,
thread or groove on each end. Pipe up to and including twelve inch (12”) diameter may be ordered cut to length with both ends
prepared from any supply house. This rule does not apply to combination standpipe.
Section VII: All pipe used for temporary services which has been cut in the shop or on the job and subsequently removed may
be used again.
RULE X.
WELDING
Section V: Pipe up to and including twelve inch (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 seven (7:00) o’clock P.M. on Friday or seven (7:00) P.M. the day
before holidays. All work performed after 12:01 Saturday or 12:01 the day before a holiday will be paid at double the rate
for regular time,
b) Starting time for each shift shall be designated by the employer.
c) A steamfitter or apprentice who has worked during the same regular workday shall not be assigned to shift work.
d) A steamfitter or apprentice shall not work more than one (1) shift in a twenty-four (24) hour period.
COPY
24
f) When shift work is performed, steamfitters and/or apprentices 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.
g) When the N.Y.S. Department of Transportation, a local School District, or any other Governmental Agency requires night
shift work, steamfitters and/or apprentices 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 April 1, 2027.
ARTICLE FIVE
It is understood and agreed that this Agreement is based upon the Principles for Trade Agreements as set forth in the printed
annex to this Agreement, and nothing in the Rules of the Enterprise Association attached hereto, or within this Agreement, shall be
interpreted to contradict or nullify any of the said Principles.
It is agreed that the Favored Nation Clause as stated in the existing trade agreement is not applicable to the Public Works
Supplement. It is understood and agreed that in case any provision of this Agreement shall be found to be contrary to law, such
finding shall not in any way affect the other provisions of this Agreement, which shall, notwithstanding, continue in full force and
effect and the parties shall within ten (10) days after receipt of written notice by one party to the other, negotiate in an attempt to
arrive at an appropriate substitute provisions 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
COPY
ORGANIZED 1884
CO