OFFICIAL WORKING AGREEMENT BETWEEN MECHANICAL SERVICE CONTRACTORS ASSOCIATION OF NEW YORK INC AND ENTERPRISE ASSOCIATION METAL TRADES BRANCH LOCAL UNION 638 Refrigeration Air Conditioning Air Cooling and Oil Burner Service and Maintenance Technicians EFFECTIVE July 1 2021 TERMINATES June 30 2025 1 INDEX CONTENTS ARTICLE I Preamble3 ARTICLE II Dates of Agreement3 ARTICLE III Furnish Employees and Union Membership4 ARTICLE IV Union Rights5 ARTICLE V Duties of Service Fitter6 ARTICLE VI Hours of Work7 ARTICLE VII Holidays Weekends8 ARTICLE VIII Wages10 ARTICLE IX On Call Time14 ARTICLE X Car Allowance15 ARTICLE XI Joint Arbitration Plan and Subcontracting16 ARTICLE XII Pay Day18 ARTICLE XIII Travel19 ARTICLE XIV Seniority19 ARTICLE XV Vacation Sick Leave20 2 ARTICLE XVI Bereavement Jury Duty23 ARTICLE XVII Tools23 ARTICLE XVIII Opportunity for Membership and Equal Opportunity23 ARTICLE XIX Uniforms Licenses and Government Regulations24 ARTICLE XX Dues Check Off 24 ARTICLE XXI No Strike No Lock Out Grievance Procedures25 ARTICLE XXII Welfare Fund27 ARTICLE XXIII Pension Fund28 ARTICLE XXIV Industry Promotional Fund29 ARTICLE XXV Industry Educational Fund29 ARTICLE XXVI UA International Training Fund30 ARTICLE XXVII Cash Security Deposit and Fund Payment Requirements And Administration30 ARTICLE XXVIII Legality of Agreement37 ARTICLE XXIX UA Standard of Excellence37 Signature Page38 Oil Burner Shift Addendum40 3 AGREEMENT AND CONTRACT between the Mechanical Service Contractors Association of New York Inc and the Metal Trades Branch of Local Union 638 United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada affiliated with the AFLCIO ARTICLE I This Agreement made this 1st day of July 2021 by and between the Mechanical Service Contractors Association of New York Inc whose members shall hereinafter be referred to as employers and the Metal Trades Branch of Local Union 638 United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada affiliated with the AFLCIO hereinafter referred to as the Union whose members shall hereinafter be referred to as employees is made for the purpose of preventing strikes and lockouts and facilitating a peaceful adjustment of all grievances and disputes which may rise between the employers and employees represented by this Agreement ARTICLE II 1 It is mutually agreed that this Agreement applies to installation service maintenance repair and replacement assembling and disassembling of all parts and equipment pertaining to industrial commercial and domestic refrigeration air cooling and heating air conditioning and oil burner installation and service work and all other equipment which is now and will be in the 4 future maintained by the employers 2 This Agreement shall be and remain in effect from July 1 2021 through June 30 2025 and it is mutually agreed that ninety 90 days prior to June 30 2025 either party may serve written notice on the other of its desire that the contract be reopened then for consideration of a change therein and specify such change 3 In the event of a proposed change both parties hereby agree to arrange a conference between them to be held within ten 10 days after the serving of such notice for the purpose of negotiating the proposed change or changes 4 In case no notice is served by either party ninety 90 days prior to the expiration of this Agreement requesting a change then this Agreement shall continue in effect until a new one is consummated ARTICLE III 1 The union agrees to furnish to the employers competent technicians who will be chosen for the particular skills required by the employers in sufficient numbers as may be necessary to properly execute work contracted for by the employer in manner and under the conditions specified in this agreement The employer agrees to make all reasonable efforts to notify the Union when in need of new employees 2 The employers agree to require membership in the Union as a condition of continued employment of 5 all employees performing any of the work specified in Article V of this Agreement within fortyfive 45 days following the beginning of such employment or the effective date of this Agreement whichever is the later provided the employers have reasonable ground for believing that membership is available to such employees on the same terms and conditions generally applicable to other members and that membership is not denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership Newly engaged employees shall be recorded as on trial for a period of fortyfive 45 days after which they shall be considered regular employees of the employers to be governed thereinafter by this Agreement The employers are required to contribute to the Pension Fund and the Welfare Fund on behalf of newly engaged employees starting with their first hour of covered employment The date that a newly engaged employee becomes a member in the Union will serve as the employees anniversary date for employment with the Employer that the newly engaged employee is with at the time of joining the Union The employers also agree to retain workers compensation coverage for all employees regardless of shop size ARTICLE IV 1 The Representatives of the Union shall have admission to the shop or job of the employer at any time during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties signatory hereto or for assisting in the adjustment 6 of a grievance 2 The Union shall have full autonomous jurisdiction over its members through such committees and representatives as may be elected or appointed from time to time This jurisdiction shall be without interference or restraint in dealing with its members found violating the Charter Constitution ByLaws Working Rules or any part of this agreement 3 The employees shall elect one of their members as shop steward with the approval of the Union The duties of the shop steward shall be to see that no part of this agreement shall be broken by employers or employees The shop steward shall not be discriminated against in any manner ARTICLE V 1 Duties of the Refrigeration Air Conditioning and Oil Burner Maintenance and Installation Technicians a Interpretation and understanding of Commercial Refrigeration Commercial Refrigeration installation means the installation of refrigeration equipment where the combined compressor horsepower does not exceed five horsepower b Interpretation and understanding of air cooling and heating and air conditioning Air cooling and air conditioning installation means the installation of heating and air conditioning equipment on any job where the combined tonnage does not exceed fifteen 15 tons or 7 equal to 6000 CFM or 180000 BTU 2 Maintenance work shall consist of all repair service and maintenance work on domestic commercial and industrial refrigeration air conditioning and air cooling and oil burner apparatus and heating apparatus etc including but not exclusively the charging evacuation leak testing and assembling for all machines for domestic commercial and industrial refrigeration air conditioning and heating apparatus 3 Servicing work shall be the adjusting including capacity adjustments checking and repairing or replacement of all controls and start up of all machines and repairing all defects that may develop on any system for domestic commercial and industrial refrigeration and all air conditioning air cooling and oil burner apparatus and heating apparatus regardless of size or type Work under this Agreement also includes the installation of all oil burners in one and twofamily houses or their equivalent ARTICLE VI Hours of Work 1 a The regular work day for employees covered by this Agreement shall be an eight 8 hour day between the hours of 800 am to 500 pm with one hour for lunch b The employer may provide seven 7 days 8 notice to change the work day to any eight 8 consecutive hours any time between 700 am and 700 pm with one hour for lunch provided the employees agree to such change During the work week in which a holiday falls the employer shall work under only Section 1a or 1b above c The employer may provide seven 7 days notice to change the regular work day to four 4 consecutive ten 10 hour days with one hour for lunch between the hours of 700 am and 700 pm provided the employees agree to such change 2 The regular work week for all employees covered by this Agreement shall be from Monday to Friday inclusive and shall consist of forty 40 hours 3 All time worked after eight 8 hours or ten 10 hours as provided in Article VI 1c above and outside of the regular workday 700 am to 700 pm Monday to Friday and all time worked on Saturday shall be paid at the rate of time and one half All hours worked on Sunday shall be paid at double time ARTICLE VII Holidays and Weekends 1 There shall be ten 10 Holidays under this agreement New Years Day Martin Luther King Jrs Birthday Presidents Day Memorial Day Independence 9 Day Labor Day Columbus Day Veterans Day Thanksgiving Day and Christmas Day If an employee works on any of these holidays he shall be paid double time for all time worked only If the employee does not work on the above listed holidays said employee shall be paid single time wages for one day If any of these holidays falls on a Sunday the holiday will be celebrated on the following Monday 2 All holidays will be observed in accordance with the date designated by New York State if in conflict with the federally designated date 3 There shall be one floating holiday per year per employee which date is to be agreed to between the employer and employee at the beginning of the year 4 It is further agreed that employees who are instructed to report for work at the office shop or job on Saturday Sunday or holidays and are not placed to work shall receive four hours pay at the regular single time rate for that particular day plus the daily rate for the use of his automobile if he was instructed to furnish it in connection with the particular work he was to perform If the employee is placed to work he shall receive a minimum of eight 8 hours pay It is agreed that the employer shall notify employees the day prior if the use of the automobile is not required 5 The employer agrees that there shall not be any changes in the date of any holiday observed without the consent of the men in the shop 10 ARTICLE VIII 1 WAGES From July 1 2021 to June 30 2025 Journeyperson 4335 4th year 3563 3rd year 2951 2nd year 2533 1st year 2099 2nd 6 mos of employment New Employee 1537 1st 6 mos of employment ADDITIONAL INCREASES January 1 2022 to June 30 2022 050 per hour July 1 2022 to December 31 2022 050 per hour January 1 2023 to June 30 2023 050 per hour July 1 2023 to December 31 2023 125 per hour January 1 2024 to June 30 2024 125 per hour July 1 2024 to December 31 2024 125 per hour January 1 2025 to June 30 2025 125 per hour The money increase stated is all inclusive and will be allocated in the future The Trustees of the Service Fitters Industry Educational Fund shall operate an apprenticeship program approved by and registered with the New York State Department of Labor Apprentices in such program shall be paid at the wage rate listed above for an employees 11 classification eg a first year apprentice shall receive the rates of a 1st year 2nd 6 mos of employment for entire first year a second year apprentice shall receive the rates of a 2nd year employee etc Contributions to the fringe benefit funds Article XXII Welfare Fund Article XXIII Pension Fund Article XXIV Industry Promotional Fund Article XXV Industry Educational Fund and Article XXVI United Association International Training Fund shall be made for apprentices on the same basis as an employee of the corresponding classification eg a first year apprentice shall receive the rates of a 1st year 2nd 6 mos of employment for entire first year a second year apprentice shall receive the rates of a 2nd year employee etc Apprentices shall be paid by their Employer for eight 8 hours at their regular rate of pay for attending training classes during the day Employees attending the Service Fitters Three Year Training Program shall be paid by their Employer for eight 8 hours at their regular rate of pay for attending training classes during the day 2 It is agreed that the employer or his representative will notify employees before quitting time the day prior if he has no work for them to perform the following day If the employer fails to give such notice and employees report to the office or shop ready to work and are not placed at work then such employees shall receive one days pay at the regular wage rate plus the daily rate for use of his auto if he is required to furnish same in connection with his employment It is further agreed that employees placed at work on a Saturday Sunday or 12 legal holiday shall receive a minimum of eight hours pay at the aforementioned overtime wage rate plus the daily rate for the use of his auto if instructed by his employer to furnish it in connection with the work he is performing 3 First and Second year employees shall be allowed to perform the following work 1 Filter changing and maintenance thereof 2 Oil and greasing 3 Tower and coil cleaning scraping and painting 4 General housekeeping 5 Delivery and truck driving of parts andor equipment trucks 6 Taking of water samples Nothing listed above shall prevent the work being done by more experienced technicians No journeyman shall be laid off while any third year man is retained to do the above work At the end of three 3 years such third year man may be eligible to qualify for a rating as a regular maintenance or installation mechanic 4 With the exception of the work enumerated in Paragraph 3 no first or second year servicemen employed on service or repair work shall be allowed to do any work in the field unless he is accompanied and supervised by one or more service technicians except in the event of an emergency arising when the employer must use his own discretion as to sending first or second year men out to answer calls 5 For every three 3 servicemen or maintenance technicians steadily employed the employer may employ 13 one 1 first or second year man who shall be a member of the Union and if acceptable to the employer shall be continuously employed for one 1 year It is understood and agreed that the words in the preceding sentence acceptable to the employer are defined to mean acceptable during the entire one year period 6 Each individual entity that is signatory to this agreement is mandated with the responsibility to establish criteria for advancement of an employed individual from a fourth year to a journeyperson category The minimum qualification for consideration to journeyperson category is one year after completion of the fourth year The criteria may include technical testing as well as on the job performance and responsibility Evaluation shall be conducted by the employer andor assigned supervisors The criteria standard should be established by the employer in cooperation with senior mechanics and must be reviewed by a joint committee of Education Fund and or Training Center representatives It should be understood that there may be more than one such standard within a single company as required by the corporations market sectors The standard is subject to review from time to time as necessary The entire process is intended to set the highest possible standard and quality for union mechanics under this collective bargaining agreement 14 Failure to comply with this section in a timely fashion will result in the industry submitting a standard that must be signed off by the signatory of this agreement The employee may decline in writing to take such examinations The Employee has the right to have a witness present at the examination If an employee takes and fails such examination heshe has the right to take the examination again within one 1 month after a one 1 year waiting period The Union or Mechanical Contractors Association of New York Inc may inform the Joint Committee established by Article XXI 3 that a signatory contractor is not complying with this provision in a timely fashion If the Committee agrees it may require such signatory to comply with a standard that it establishes ARTICLE IX OnCall Time Compensation for oncall time will be agreed to between the employer and employee but at a minimum of 12500 per week seven 7 day period In no event shall on call time require contributions be made to the Funds in Articles XXII XXIII XXIV XXV and XXVI On a call out for OnCall time a Metal Trades Branch member shall be paid from the time he leaves home until he returns home portal to portal after completing the call at the rate of pay for the day that said employee is called out to work The above does not apply to an employee who already is at work Because of intense non 15 union competition this arrangement will not apply to the supermarket refrigeration or food warehouse industry ARTICLE X Car Allowance 1 Servicemen who furnish their automobiles shall be allowed as expenses for their use during working hours the sum of Thirty 3000 Dollars per day of eight hours or fraction thereof plus Fiftyfive 55 Cents per mile for all mileage in excess of 50 miles in any one day and One 100 Dollar per hour for all calls made on overtime work No allowance shall be made for overtime use of auto when employee is working overtime on same job that he worked on during the regular working hours 2 If an employee is on oncall duty either at his home or the shop of his employer after his regular work day and is required to use his auto to answer a service call he shall receive as expenses an allowance of One 100 Dollar per hour for use of auto for all time consumed on such call with a minimum allowance of Two 200 Dollars 3 The employer shall carry contingent liability and property damage insurance covering automobiles furnished by servicemen when used on business authorized by employer 16 ARTICLE XI Joint Arbitration Plan Covering Metal Trades Branch Employers Performing Work on Building Trades Jobs Subcontracting etc 1 Any other work in the control of the Employer signing this Agreement that falls in the jurisdiction of Local 638 but not in the scope as outlined in this Agreement shall be done in accordance with the Local 638 Construction Branch Agreement or any relevant supplements to a United Association National Residential Agreement if the supplement takes precedence Should a contractor that is bound by this agreement contract to perform work covered by the Unions Construction Branch Trade Agreement on job on which the general contractor and all other subcontractors on the job are signatory to collective bargaining agreements with building trades unions performing their respective jurisdictional work on a construction site then the following shall apply It is further mutually agreed that both parties to this Agreement shall abide by a Joint Arbitration Plan that may be agreed upon by representatives of the several employers associations and a majority of the unions of the building trades of New York City It is mutually agreed between the parties hereto that in event of disputes between trades and disputes relative to question of jurisdiction of trade the parties will abide by previous decisions as to jurisdiction published in the latest issue of the BTEA Handbook commonly known as The Green Book 17 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 BTEA Handbook commonly known as The Green Book shall be adjusted in accordance with the principles of the New York Plan for the Settlement of Jurisdictional Disputes as set forth in the Joint Arbitration Plan of the New York Building Trades as adopted on July 9 1903 and amended on April 22 1905 and as thereafter amended except to the extent that Section 3 of the said Joint Arbitration Plan requires the employer to employ only members of the union directly or indirectly through subcontractors or otherwise Pending determination of any dispute under the New York Plan for the Settlement of Jurisdictional Disputes as stated in the preceding paragraph the members of the Union shall remain at work on the project without change in status 2 No refrigeration air conditioning air cooling or oil burner contractor shall avoid or evade his labor provisions in this Agreement by contracting his work to any person or persons subject to labor provisions less stringent than those provided in this agreement 3 It is agreed that employees will not be permitted to contract subcontract or do piece work nor take any work in competition with the employers 4 In order to protect wages and working conditions of employees working for the employer under this agreement the employer shall make every reasonable effort to utilize employees covered by this agreement however the employer reserves the right to subcontract 18 any or all work referred to herein after reasonable documented effort has been made to perform the work with employees covered by this agreement 5 The union and the employer understand the customer may at his discretion choose to perform or directly subcontract for any part or parts of the work herein described The employers obligation under this agreement refers only to work that the employer has contracted to perform ARTICLE XII 1 The work week shall commence at 1201 am on Thursday and terminate at midnight the following Wednesday and wages shall be paid in cash or by check on Friday of each week at or before quitting time for work performed during the week ending the Wednesday prior If the employer should exercise his option by paying wages by check he shall comply with the provisions of Section 192 of the New York State Labor Law Employees who are required to go from a job to the shop or office for their pay shall be allowed time for so doing Employees are to be paid at the option of the employer and signed permission of employee in cash by electronic or automatic deposit or negotiable payroll check The employer agrees that if a check or electronic transfer is dishonored because of insufficient funds the employee will receive 5000 in addition to wages due him from the employer 19 ARTICLE XIII 1 Members of the Union employed on an outoftown job to which it is necessary to travel a long distance shall be paid auto expenses or railroad fare reasonable room and board and for traveling time as follows Traveling by Railroad Boat or Plane a Between the hours of 500 pm of any one day and 800 am of the following day no wages b Between the hours of 800 am and 500 pm the regular hourly rate of wages Traveling by Vehicle a Between the hours of 500 pm and 800 am the following day no wages shall be paid unless automobile is used and in which case time and one half shall be paid for all time consumed in traveling plus the car allowance as described in Article X Section 1 Between the hours of 800 am and 500 pm the regular rate of wages shall be paid b Employees to start work at 800 am on all jobs within a twentyfive 25 mile radius of the employees home or the employers shop whichever is nearer to where he is ordered to work ARTICLE XIV Seniority 1 Seniority shall prevail as to all employees in the 4th Year or Journeyperson classifications No employees in the 1st 2nd or 3rd Year classifications shall claim 20 seniority There shall be no break in seniority due to injury or illness In the event of a layoff due to lack of work men in the different classifications having the greatest length of service shall be retained In the event of new hiring preference shall be given to the men having the greatest seniority This applies only in the different classifications in which he had been previous to the layoff This does not apply to men employed temporarily during the busy season It is understood and agreed that no man shall be laid off without a just cause 2 The employer agrees to notify the Union and the shop steward when hiring new employees or terminating for just cause or layoffs for lack of work 3 The employer agrees to notify the Union of the suspension of any employee for any reason ARTICLE XV Vacation Sick Leave 1 All employees covered by the terms of this Agreement who have worked for the same employer for six 6 months in any consecutive twelve month period shall receive a vacation of one 1 week with pay 2 All employees covered by the terms of this Agreement who have worked for the same employer twelve 12 months in any consecutive twelve month period shall receive a vacation of two 2 weeks with pay 3 All employees covered by the terms of this Agreement who have worked for the same employer sixty 60 months shall receive a vacation of three 3 21 weeks with pay It is agreed however that the third week of this vacation shall not be taken consecutively with the first two 2 weeks vacation Any employee entitled to three 3 weeks vacation under the terms of this Agreement shall be allowed to take the third week of the vacation any time during a 12 month annual period at the mutual Agreement of the employer and employee 4 Effective January 1 2014 all employees covered by this Agreement who have worked for the same employer for 252 months 21 years shall receive a prorated vacation of 3 weeks plus one 1 day for each year worked beginning at 21 years with pay up to a maximum of 5 days after 25 years The schedule is as follows 21 years of service with the same employer 3 weeks plus one 1 day 22 years of service with the same employer 3 weeks plus two 2 days 23 years of service with the same employer 3 weeks plus three 3 days 24 years of service with the same employer 3 weeks plus four 4 days 25 years of service with the same employer 3 weeks plus five 5 days It is agreed that the third week of vacation and any subsequent additional days shall not be taken consecutively with the first two 2 weeks of vacation as described in Article XV number 3 above Any employee 22 entitled to three 3 weeks or more vacation under the terms of this Agreement shall be allowed to take the third week or more of the vacation any time during the 12 month annual period at the mutual agreement of the employer and employee 5 In the event that any employee has any unused vacation time the full amount of unused vacation time shall be payable to the said employee at the end of each calendar year It is agreed that the employees who have been employed six 6 months or more by the same employer and who leave or are discharged prior to the period when they would have been entitled to their next vacation shall be paid accrued vacation money of onetwelfth 112 of the vacation pay he is entitled to for each month worked before his next vacation time An employee will not be considered absent from work insofar as continuity of employment is concerned in the following instances proven illness jury duty temporary military or naval training service an agreed leave of absence 6 The vacation period for employees engaged in refrigeration air conditioning or air cooling work shall be between September 1st and April 1st or as mutually agreed upon 7 All employees covered by the terms of this Agreement who have worked for the same employer for one year shall receive three 3 days sick leave All employees covered by the terms of this agreement who have worked for the same employer for two 2 years shall receive five 5 days sick leave In the event any employee has any unused sick leave the full amount of unused sick leave shall be payable to the said employee on the anniversary date of his employment 23 ARTICLE XVI Bereavement Jury Duty 1 Each employee employed for six months or more shall be granted bereavement pay of three days for a death in the immediate family spouse parents children parents of spouse of the employee 2 Effective July 1 1993 all employees covered by the terms of this Agreement who have worked for the same employer for sixty 60 consecutive months shall be entitled to be paid at the regular time rate for five 5 days of jury duty Payment for jury duty is not to be repeated for any employee more than once every three 3 years and may be taken only during the offseason ARTICLE XVII 1 Employees doing service or maintenance work may be required to furnish their own hand tools Any of the employees tools that are broken will be replaced with like and kind by the employer ARTICLE XVIII 1 Inasmuch as greater efficiency is desirable both parties will encourage efficiency and discourage any discrimination in employment of workers on the basis of age and unreasonable limitation on the amount of work a Service Fitter can do 24 2 The parties agree not to discriminate on the basis of race creed color national origin sex age disability marital status sexual orientation or citizenship with regard to employment wages or other terms and conditions of employment ARTICLE XIX 1 Employers who require employees to wear a uniform shall furnish and maintain such uniforms free of all cost to employees Such uniforms are the property of the employer and must be immediately returned to him by employees when they quit their job are laid off or when new uniforms are issued to replace old ones 2 All employees covered under this Agreement shall be required to comply with the Clean Air Act of 1990 OSHA and EPA governing the work covered under this Agreement 3 All special licenses certificates permits pertaining to the air conditioning and refrigeration trade will be paid for by the employer 4 Motor vehicle license to be the responsibility of the employee ARTICLE XX 1 The employer agrees to deduct from the salaries of every employee in the second week of each month monthly union dues for all employees covered by the terms of this Agreement upon delivery of authorization to the employer to deduct the same 25 2 The employer also agrees to deduct from the salaries of all new employees who will be covered by the terms of this Agreement their initiation fee and dues when necessary and will so notify the Union at the time of hiring of all new employees upon delivery of authorization to the employer to deduct the same ARTICLE XXI 1 It is agreed that the signatories to this Agreement will strictly observe all of its terms and it is further agreed that if the Metal Trades Branch of Local Union 638 grants more advantageous terms or conditions to anyone doing similar work as outlined in Article V of this Agreement then the Agreement shall be immediately amended to include such terms or conditions 2 It is further mutually agreed that no strike against any employer signatory to this Agreement shall be ordered by any officer of or entered into by any member of Metal Trades Branch of Local Union 638 nor shall any lockout against any member of Metal Trades Branch of Local Union 638 be declared by any employer signatory to this Agreement so long as this Agreement is conformed to by the parties herein 3 a It is further agreed that any dispute concerning a violation of the terms meanings or application of this Agreement shall be referred for adjustment and interpretation to a Committee consisting of four representatives from Local Union 638 and four representatives from Mechanical Service Contractors Association of New York the 26 Committee The Union may meet with the applicable Contractor or the Association as may be the case prior to submitting the matter to the Committee The party alleging a dispute or violation shall give notice to the applicable Contractor the Union or the Association as may be the case within ten 10 working days of the alleged occurrence of the violation or discovery of the alleged violation Discovery of the alleged occurrence shall be limited to the date in which the grieving party can be reasonably expected to be aware of the alleged violation The parties shall arrange to meet within thirty 30 calendar days unless otherwise mutually agreed If the applicable contractor or Association as the case may be fails to meet within such time the requirement to so meet is waived b In the event the Committee agrees on a resolution of the dispute said resolution shall constitute a decision that is final and binding on the parties c If the Committee resolves a dispute involving a claim of discharge without cause or other claim of an employee against a contractor the Committees decision shall be put in writing and must be complied with within 30 days after the contractor receives a written copy of the Committees decision If the contractor does not comply within 30 days after receipt of the written decision the contractor shall be liable for the Unions costs and reasonable attorneys fees incurred in bringing a court action to enforce the Committees decision plus interest and liquidated 27 damages in the amount of two hundred fifty 25000 dollars per calendar day starting 30 days from the date of receiving the Committees decision until the decision is fully complied with d In the event the Committee cannot adjust such dispute after three meetings the matter shall be referred to the American Arbitration Association for selection of an impartial arbitrator to render a final and binding decision The cost of arbitration Arbitrators fee American Arbitration Association fees and any transcript fees shall be shared equally between the Union and the MSCA of New York All notices of the dispute must be made known by either signatory within 30 days ARTICLE XXII Welfare Fund 1 The employer from July 1 2021 to June 30 2025 inclusive agrees to pay to the Trustees of the Welfare Fund of the Metal Trades Branch Enterprise Association Local Union 638 the sum of 53033 per month per each employee and an additional nine dollars and twenty cents 920 per paid hour per each employee covered by the terms of this Agreement Holiday sick or vacation time shall be considered hours paid for the purpose of this Article The employers are required to make contributions on behalf of all employees performing work described in this agreement including newly engaged or newly hired employees referred to in Article III Section 2 and Article VIII Section 1 from the first hour of their employment 28 2 Such Fund has been established by an Agreement and Declaration of Trust established July 1 1965 to which the employer agrees to make the aforesaid payments in accordance with the rules and regulations established by the Trustees of the said Trust from time to time to be bound by and comply with all 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 ARTICLE XXIII Pension Fund 1 The employer from July 1 2021 to June 30 2025 inclusive agrees to pay to the Trustees of the Metal Trades Branch Local Union 638 Pension Fund contributions in accordance with the following schedule PENSION Per Paid Hour July 1 2021 to June 30 2025 Journeyperson 675 4th year 603 3rd year 538 2nd year 483 1st year 433 including newly engaged or newly hired employees Holiday sick or vacation time shall be considered hours paid for the purpose of this Article 2 Such Fund was established by an Agreement and 29 Declaration of Trust dated July 1 1965 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 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 ARTICLE XXIV Industry Promotional Fund Every employer shall during the term of this agreement pay fifteen 15 cents per hour for each hour paid not to exceed 40 hours per week for employees covered by this Agreement to the Service Fitters Industry Promotional Fund of New York Such Fund was established by a Declaration of Trust dated November 23 1983 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 Declaration of Trust ARTICLE XXV Industry Educational Fund Every Employer shall pay the following amounts per hour for each hour paid not to exceed forty 40 hours per week for employees covered by this Agreement to the Service Fitters Industry Educational Fund From July 1 2021 to June 30 2025 thirtyfive 35 cents Such Fund 30 was established by a Declaration of Trust dated December 31 1987 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 the provisions of the Declaration of Trust as the same exists or may during the term of this Agreement be amended in accordance with its terms Upon approval by the State of New York and the Trustees of the Educational Fund an Apprenticeship program will be established in addition to the existing Service Technicians Training Program ARTICLE XXVI United Association International Training Fund Every employer shall during the term of this agreement pay ten 10 cents per hour for each hour paid not to exceed 40 hours per week for employees covered by this Agreement to the United Association International Training Fund ARTICLE XXVII Cash Security Deposit and Fund Payment Requirements and Administration Section 1 Cash Security Deposit Each employer that is delinquent in making contributions three 3 or more times during the term of this agreement shall produce a cash security deposit to the joint benefit of the Trustees of the Metal Trades Branch Local Union 638 Pension 31 Fund the Metal Trades Branch Local 638 Welfare Fund the Service Fitters Industry Educational Fund and the Service Fitters Industry Promotional Fund of New York 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 cash security deposits shall be held by the fund office The amount of such cash security deposit shall be an amount equal to the average of contributions due from such employer for three 3 months before the delinquency that causes the application of this requirement Section 2 Time payments due interest remedies Contributions are due on a monthly basis each Employer will make the required Fund payments provided for in this Agreement within ten 10 calendar days following the end of each month eg for the month of January the Fund payments must be received by the Fund Office no later than February 10th With respect to any payments not made within twelve 12 calendar days after the required time an Employer will pay interest at the rate of 3 three percent per annum above the prime interest rate of July 1st of that fiscal year as published in the New York Times the Contractual Rate of Interest rounded to the nearest whole percent but not higher than the maximum rate if any fixed by Section 5501 of the New York General Obligations Law from the date due Interest due under this paragraph is a payment due the Funds and failure to pay such interest shall constitute a delinquency within the meaning of this 32 Article Where a contractor is required to provide a cash security deposit and does not andor is delinquent more than three 3 times during the term of the Agreement andor issues a check to the Funds which is returned unpaid for insufficient funds uncleared funds or as to which the Employer stopped payment the Trustees through Chairman and CoChairman or a subcommittee of Trustees designated by them have the authority to direct an Employer to make Fund payments by means of Certified Check Bank Check or Money Order Any Employer that fails to pay by Certified Check Bank Check or Money Order when so directed shall be deemed delinquent within the meaning of Article XXVII Section 4 and the Union may refuse to permit employees to work for such Employer Reporting of Fund payments by employees name and social security number in a format approved by the Trustees shall be submitted at the same time as payments are due In addition to any other action the Funds may be empowered to take the Funds may bring an action pursuant to Sections 502 g 2 and 515 of the Employee Retirement Income Security Act of 1974 as amended to enforce the Employers obligation to make contributions In any action under the preceding sentence in which judgment is awarded in favor of the Funds such judgment shall award the Funds the unpaid contributions and interest at the Contractual Rate of Interest and as liquidated damages an amount equal to 20 percent of the said unpaid contributions as determined by the court and reasonable attorneys fees audit fees and costs of the action and such other legal or equitable relief as the court deems appropriate Nothing 33 in the foregoing two sentences shall be construed as a waiver or limitation on the Funds or the Trustees rights to enforce an Employers obligation to contribute in any other type of proceeding against the Employer andor its shareholders andor its officers In the event an Employer is delinquent hereunder as defined above in this Article including contributions due interest as required by Section 2 Paragraph 2 and cash security deposit as required by Section 1 the Funds in their sole discretion may initiate arbitration proceedings to obtain appropriate relief The Funds may bring an arbitration proceeding hereunder to collect delinquent contributions andor interest due required by Section 2 Paragraph 2 andor to obtain the posting of a cash security deposit as required by Section 1 The parties specifically agree that any claim made by the Funds based upon any such delinquency may be initiated by the Funds upon fourteen 14 days written notice of intention to arbitrate by registered mail or certified mail to the last address of the Employer on record with the Fund Office and to Roger Maher as Arbitrator or such other Arbitrator as the Trustees 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 Contractual Rate of 34 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 4 of this Article and reasonable attorneys fees audit fees and costs of collection and such other legal and equitable relief as the Arbitrator deems appropriate It is specifically agreed by the Employer that in any case in which the Funds serve a notice of intention to arbitrate or demand for arbitration which results in a notice of hearing being issued by the Arbitrator contributions for all months which are claimed as due by the Funds as of the notice of intention to arbitrate as well as contributions for all months claimed as due by the Funds through the date of the arbitration hearing or adjourned date if any shall be subject to such arbitration Once the notice of the hearing is issued payment of the sums claimed in the notice of intention to arbitrate and all sums claimed as becoming due thereafter in accordance with the preceding sentence will not be deemed to have been made until the Fund Office receives such sums in the form of cash certified check or an uncertified check which the Fund Office determines has cleared prior to the arbitration hearing the Funds judgment as to the time for clearing of a check shall be conclusive An Employer to whom a demand for arbitration has been mailed may avoid payment of liquidated damages attorneys fees and arbitration fees by payment of an administrative fee for legal administrative andor arbitration costs as follows if all fringe benefits claimed in the demand for arbitration are paid with interest prior to the arbitrator mailing a notice of hearing the administrative 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 administrative fee is FOUR HUNDRED DOLLARS 400 if paid more than twentyfour 24 35 hours prior to the scheduled starting time of the hearing and SIX HUNDRED DOLLARS 600 if paid prior to but less than twentyfour 24 hours before the scheduled starting time of the hearing Initiation of the aforesaid arbitration procedure shall not preclude the Funds from pursuing any other remedy or remedies available to them including other remedies against the Employer andor its officers andor its shareholders It is expressly understood and agreed that the arbitration provision herein shall not be an exclusive remedy 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 alternatively in the name of the Administrator and at least one Employer Trustee and one Union Trustee from each of the Funds Section 3 Audits 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 a written demand by the Fund Office mailed to the Employer by registered mail return receipt requested to conduct such audit or to submit the reports of payments due to the Fund Office in accordance with the requirement of Article XXVII shall constitute a breach of this Agreement The Trustees shall notify the appropriate 36 Enterprise Association officials of all delinquent Employers including Employers who are not in compliance with the cash security deposit auditing and reporting requirements hereof for action as provided for in Article XXVII Section 4 All cash security deposits furnished under this Article shall provide for payment of the Employers obligation to pay the interest provided herein 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 Section 4 The Union May Withdraw Employees from Delinquent Employers 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 or who is delinquent in the furnishing of a cash security deposit or certified check required under this Agreement or who fails to pay interest as required by Section 2 Paragraph 2 When an Employers delinquency in Fund payments causes the Union to remove employees from that Employer on more than one occasion in a ninety 90 day period said Employer shall pay one days wages including fringe benefits to each employee who was removed from the job 37 ARTICLE XXVIII Should any part of this Agreement be held to be illegal by a Court of competent jurisdiction or other governmental agency such part shall immediately be eliminated but shall not otherwise affect the validity or enforceability of any other part It is understood that reference herein to the male gender such as he him or man are for the purposes of brevity only and shall be understood to include the corresponding terms she her and woman ARTICLE XXIX The parties agree to adhere to the tenets of the United Association Standard of Excellence 38 IN WITNESS WHEREOF the parties named have caused their proper representatives having full power to sign these presents For Mechanical Service Contractors Association of New York Inc 39 For the Metal Trades Branch of Local Union 638 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada 40 ADDENDUM TO OFFICIAL WORKING AGREEMENT BETWEEN MECHANICAL SERVICE CONTRACTORS ASSOCIATION OF NEW YORK INC AND ENTERPRISE ASSOCIATION METAL TRADES BRANCH LOCAL UNION 638 OIL BURNER SHIFT 1 On all service work the second shift shall consist of oil burner technicians only 2 The employer shall be at liberty to establish an additional shift above the regular working day for a duration of eight 8 hours at regular wage plus shift premium with one 1 hour meal break allotted as a nonpaid work break These designated shifts shall terminate at 700 pm daily in all cases 3 Any hours worked prior to or after the start and finish time of a shift shall be paid at the rate of time and one half Shift schedules shall be for a minimum period of one week each and the employees designated to work shall be notified a minimum of 48 hours prior to the commencement of such designated starting time Any employees working such shifts shall be paid twenty five 25 cents above the prevailing hourly rate 4 It is further agreed the employer may establish a second shift schedule for the purpose of emergency service starting at 1200 noon until 900 pm on the same day with 41 one hour off for supper Any employee assigned to work pursuant to this schedule shall be paid at the rate of time and one half for all work performed prior to the scheduled starting time andor after scheduled quitting time 5 All time worked on Saturdays Sundays and holidays shall be paid at the prevailing overtime rate period 6 All service work on the shift schedule shall be performed only by Journeymen Technicians On calculating overtime payments the shift premium shall be included 7 This stagger work system shall be on a rotating basis 8 Any work performed during the hours of 700 pm Friday to 800 am Monday shall be paid in accordance with this agreement Any work performed on a Saturday which is not a legal holiday shall be paid at the rate of time and one half Any work performed on Sundays or on New Years Day Fourth of July Labor Day Veterans Day Thanksgiving Day or Christmas Day shall be paid for at the rate of double time Any work performed on the federally designated holidays Martin Luther King Jrs Birthday Presidents Day Memorial Day and Columbus Day shall be paid double time 9 No shift shall be worked on a holiday Saturday or Sunday 10 The vacation period for employees engaged in oil burner work shall be between May 15th and September 15th or as mutually agreed upon
