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, 2025
TERMINATES June 30, 2029
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INDEX
CONTENTS
ARTICLE I: Preamble …………………………………………………………………………… 1
ARTICLE II: Dates of Agreement ……………………………………………………………. 1
ARTICLE III: Furnish Employees and Union Membership ………………………….. 1
ARTICLE IV: Union Rights ……………………………………………………………………… 2
ARTICLE V: Duties of Service Fitter ……………………………………………………….. 2
ARTICLE VI: Hours of Work …………………………………………………………………… 3
ARTICLE VII: Holidays & Weekends ………………………………………………………… 4
ARTICLE VIII: Wages ………………………………………………………………………………. 5
ARTICLE IX: On Call Time …………………………………………………………………….. 8
ARTICLE X: Car Allowance …………………………………………………………………… 8
ARTICLE XI: Joint Arbitration Plan and Subcontracting ……………………………… 9
ARTICLE XII: Pay Day …………………………………………………………………………… 10
ARTICLE XIII: Travel ……………………………………………………………………………… 10
ARTICLE XIV: Seniority ………………………………………………………………………….. 11
ARTICLE XV: Vacation & Sick Leave ……………………………………………………… 11
ARTICLE XVI: Bereavement & Jury Duty …………………………………………………. 13
ARTICLE XVII: Tools ………………………………………………………………………………. 13
ARTICLE XVIII: Opportunity for Membership and Equal Opportunity ……………. 13
ARTICLE XIX: Uniforms, Licenses and Government Regulations ………………… 13
ARTICLE XX: Dues Check Off ……………………………………………………………….. 14
ARTICLE XXI: No Strike, No Lock Out, Grievance Procedures …………………… 14
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ARTICLE XXII: Welfare Fund …………………………………………………………………… 15
ARTICLE XXIII: Pension Fund …………………………………………………………………… 16
ARTICLE XXIV: Industry Promotional Fund ………………………………………………… 16
ARTICLE XXV: Industry Educational Fund …………………………………………………. 17
ARTICLE XXVI: U.A. International Training Fund ……………………………………….. 17
ARTICLE XXVII: Bonding and Fund Payment Requirements
And Administration ………………………………………………………….. 17
ARTICLE XXVIII: Legality of Agreement ………………………………………………………. 21
ARTICLE XXIX: U.A. Standard of Excellence ……………………………………………… 22
Signature Page …………………………………………………………………. 22
Oil Burner Shift Addendum ………………………………………………. 23
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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 AFL-CIO.
ARTICLE I
This Agreement made this 1st day of July 2025 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 AFL-CIO, 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 future maintained by the employers.
2. This Agreement shall be and remain in effect from July 1, 2025 through June 30, 2029, and it is mutually agreed that ninety (90) days prior to June 30, 2029, either party may serve written notice on the other of its desire that the contract be re-opened 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.
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2. The employers agree to require membership in the Union as a condition of continued employment of all employees performing any of the work specified in Article V of this Agreement within forty-five (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 forty-five (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 employee’s 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 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, By-Laws, 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. If the shop fails to hold an election for shop steward, the Union shall provide MSCA and the Contractor with two weeks’ notice of their intention to appoint a steward if one is not elected within that timeframe. 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
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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 equal to 6,000 CFM or 180,000 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 two-family 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 8:00 a.m. to 5:00 p.m., with one hour for lunch.
b. The employer may provide seven (7) days’ notice to change the work day to any eight (8) consecutive hours any time between 7:00 a.m. and 7:00 p.m. (with one hour for lunch) provided the employee(s) 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 7:00 a.m. and 7:00 p.m. provided the employee(s) 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.
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above, and outside of the regular workday (7:00 a.m. to 7:00 p.m.) 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.
4. When work is performed in existing buildings outside the regular workday above, shift work
may be performed at the option of the Employer. Shift work must take place at a single site
or campus. A shift shall be a minimum of four (4) ten-hour or five (5) eight-hour consecutive
days, commencing Monday through Friday. The shift rate shall be a minimum 15% premium
on wages. All hours worked in excess these hours shall be paid at the applicable overtime
rate. The Employer must notify their employees five (5) days in advance of the change in
schedule, or request approval from the Union to use a shift with less notification to their
employees.
ARTICLE VII
Holidays and Weekends
1. There shall be ten (10) Holidays under this agreement. If an Employee does not work on
the below listed holiday(s) said Employee shall be paid single time wages for one day as
holiday pay.
If an Employee works on any of the following holidays, they shall receive the above compensation as holiday pay and an additional time and one-half (1.5) premium for all time worked on: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
If an Employee works on any of the following holidays, they shall receive the compensation in paragraph one above as holiday pay and an additional fifteen percent (15%) premium single time wages for all time worked on: Martin Luther King, Jr.’s Birthday, Presidents’ Day, Columbus Day, and Veterans Day.
2. All holidays will be observed in accordance with the date designated by New York State if in conflict with the federally designated date. If any of these holidays falls on a Sunday, the holiday will be celebrated on the following Monday.
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.
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6. An employee must have worked the day prior to and the day after a holiday to qualify for
holiday pay, unless the employee has scheduled time off with a minimum of 48 hours’ notice
to the Employer or documentation is provided to demonstrate injury or illness. Not including
employees on call, an Employer shall provide 48 hours’ notice to any employee scheduled to
work on a holiday.
ARTICLE VIII
1. WAGES
From July 1, 2025 to December 31, 2025
Journeyperson: $47.85
4th year: $39.34
3rd year: $32.57
2nd year: $27.96
1st year: $23.15
(2nd 6 mos. of employment)
New Employee: $16.97
(1st 6 mos. of employment)
ADDITIONAL INCREASES
January 1, 2026 to June 30, 2026 $1.25 per hour
July 1, 2026 to December 31, 2026 $1.00 per hour
January 1, 2027 to June 30, 2027 $1.00 per hour
July 1, 2027 to December 31, 2027 $1.00 per hour
January 1, 2028 to June 30, 2028 $1.00 per hour
July 1, 2028 to December 31, 2028 $1.50 per hour
January 1, 2029 to June 30, 2029 $1.50 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 employee’s classification, e.g., 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)
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shall be made for apprentices on the same basis as an employee of the corresponding classification, e.g., 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. Each Union Member Contractor, Owner-Operator, or “Service Fitter Contractor,” shall be
required to contribute to all Funds listed in this Agreement for a minimum of 2,000 hours per
year. For the purpose of this Agreement, “Service Fitter Contractor” means an active
member of Local 638 Metal Trades Branch 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 Contractor report less than the actual number of hours of bargaining unit work
performed by the fitter-contractor in a given workweek, and the Contractor shall maintain
documentation to support the actual number of hours worked.
3. 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 day’s 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 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.
4. 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 and/or 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.
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5. 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.
6. For every three (3) servicemen or maintenance technicians steadily employed, the
employer may employ 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.
7. For advancement purposes, benefit contributions shall be based on the Employee’s
anniversary date and subsequent advancement. Advancement of all First Year through
Fourth Year employees shall require that the Employee obtain a minimum of 1,500
Employer-paid hours annually based on the anniversary date. Employers shall retain the
right, but shall not be obligated, to advance an Employee more quickly. Once an
Employee’s regular hourly wage is at or above the succeeding year’s rate, the Employee
shall be deemed to have advanced to that year for the purposes of benefit payments to
match that rate of wages.
8. 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 and/or assigned supervisors.
The criteria standard should be established by the Employer in cooperation with senior mechanics and must be reviewed by a joint committee established by the Education Fund Trustees and Training Center representatives.
It should be understood that there may be more than one such standard within a single company as required by the corporation’s 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.
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
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right to have a witness present at the examination. If an employee takes and fails such examination, he/she 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
On-Call Time
Compensation for on-call time will be agreed to between the employer and employee, but effective July 1, 2025 shall be paid at a minimum of $175.00 per week (or $25 per day) and effective July 1, 2026 shall be paid at a minimum of $210.00 per week (or $30 per day). 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 On-Call 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-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 ($30.00) Dollars per day of eight hours or fraction thereof, plus the IRS standard mileage rate, and One ($1.00) 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 on-call 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 ($1.00) Dollar per hour for use of auto for all time consumed on such call with a minimum allowance of Two ($2.00) Dollars.
3. The employer shall carry contingent liability and property damage insurance covering automobiles furnished by servicemen when used on business authorized by employer.
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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 Union’s Construction Branch Trade Agreement on a 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 B.T.E.A. Handbook, commonly known as “The Green Book.”
It is mutually agreed between the parties hereto that disputes between trades, and disputes relative to jurisdiction of trade not covered by decision in the latest issue of the B.T.E.A. Handbook, commonly known as “The Green Book”, shall be adjusted in accordance with the principles of the New York Plan for the Settlement of Jurisdictional Disputes as set forth in the Joint Arbitration Plan of the New York Building Trades as adopted on July 9, 1903, and amended on April 22, 1905, and as thereafter amended, except to the extent that Section 3 of the said Joint Arbitration Plan requires the employer to employ only members of the union directly or indirectly through subcontractors or otherwise.
Pending determination of any dispute under the New York Plan for the Settlement of Jurisdictional Disputes as stated in the preceding paragraph the members of the Union shall remain at work on the project without change in status.
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, sub-contract 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
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employees covered by this agreement; however, the employer reserves the right to subcontract 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 employer’s obligation under this agreement refers only to work that the employer has contracted to perform.
ARTICLE XII
1. The work week shall commence at 12:01 a.m. 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 $50.00 in addition to wages due him from the employer.
ARTICLE XIII
1. Members of the Union employed on an out-of-town 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 5:00 p.m. of any one day and 8:00 a.m. of the following day, no wages.
(b) Between the hours of 8:00 a.m. and 5:00 p.m., the regular hourly rate of wages.
Traveling by Vehicle
(a) Between the hours of 5:00 p.m. and 8:00 a.m. 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 8:00 a.m. and 5:00 p.m. the regular rate of wages shall be paid.
(b) Employees to start work at 8:00 a.m. on all jobs within a twenty-five (25) mile radius of the employee’s home or the employer’s shop, whichever is nearer to where he is ordered to work.
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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 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 three (3) consecutive months shall begin accruing one (1) day vacation with pay for each month worked, up to a maximum of five (5) days in their first twelve months of employment.
2. All employees covered by the terms of this Agreement who have worked for the same employer twelve (12) consecutive months, shall each year, on their anniversary date, begin accruing one (1) day of vacation with pay for each month worked, up to a maximum of ten (10) days during the twelve-month period prior to their next anniversary date.
3. All employees covered by the terms of this Agreement who have worked for the same employer sixty (60) consecutive months shall each year, on their anniversary date, begin accruing one and one half (1.5) days of vacation with pay for each month worked, up to a maximum of fifteen (15) days during the twelve-month period prior to their next anniversary date. It is agreed, however, that the third week of this vacation shall not be taken consecutively with the first two (2) weeks of vacation. Any employee entitled to three (3) weeks of 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. All employees covered by this Agreement who have worked for the same employer for 252 months (21 years), shall accrue a prorated vacation of three (3) weeks, as per Article XV, Section 3 above and the employee shall also, on their anniversary date, be given one
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additional day of vacation with pay for each year worked beginning at 21 years, with pay up to a maximum of 5 additional 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 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. For the purposes of Article XV, a “worked” month shall be each month, following their membership in the Union, in which an employee has at least 100 Employer-paid hours. Employees may carry over up to, but no more than, five (5) days of vacation on their anniversary date. Any unused vacation time that is not carried over shall be payable to the Employee on their anniversary date. Employees that have been employed for twelve (12) months or more by the same Employer and who leave or are discharged shall be paid their accrued vacation. 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, or an agreed leave of absence.
6. The vacation period for employees engaged in refrigeration, air conditioning or air cooling work shall be between the day after Labor Day and May 1st or as mutually agreed upon.
7. All employees covered by the terms of this Agreement shall accrue one (1) hour of sick leave for every thirty (30) hours worked, up to a maximum of forty (40) hours of sick leave per year. Employees shall be able to carry over up to, but no more than, two (2) days of unused sick leave on their anniversary date. Paid sick leave may be taken in minimum increments of four (4) hours. All employees that have worked for the same employer for twenty-four (24) consecutive months shall be paid their unused sick leave on their anniversary date.
8. By the Parties agreeing to this Agreement, 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 sick and vacation days as described in this Article XV and the
additional increases provided in Article VIII.
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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 off-season
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. Employees shall not be required to furnish corded or battery-operated power tools.
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.
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.
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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.
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 “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 Committee’s decision shall be put in writing and must be complied with within 30 days after the contractor receives a written
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copy of the Committee’s decision. If the contractor does not comply within 30 days after receipt of the written decision, the contractor shall be liable for the Union’s costs and reasonable attorney’s fees incurred in bringing a court action to enforce the Committee’s decision, plus interest and liquidated damages in the amount of two hundred fifty ($250.00) dollars per calendar day starting 30 days from the date of receiving the Committee’s 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 (Arbitrator’s 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, 2025 to June 30, 2029 inclusive agrees to pay to the Trustees
of the Welfare Fund of the Metal Trades Branch Enterprise Association Local Union 638
the sum of $530.33 per month per each employee and an additional contribution per paid
hour in accordance with the following schedule:
Welfare Per Paid Hour
July 1, 2025 to June 30, 2029
Journeyperson: $10.95
4th year: $9.22
3rd year: $7.90
2nd year: $7.01
1st year: $6.13
(2nd 6 mos. of employment)
1st year: $4.38
(1st 6 mos. of employment)
2. 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.
3. 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
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accordance with its terms.
ARTICLE XXIII
Pension Fund
1. The employer from July 1, 2025 to June 30, 2029 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, 2025 to June 30, 2029
Journeyperson: $8.25
4th year: $7.37
3rd year: $6.58
2nd year: $5.91
1st year: $5.29
(2nd 6 mos. of employment)
1st year: $5.29
(1st 6 mos. of employment)
2. Holiday, sick or vacation time shall be considered hours paid for the purpose of this
Article. The employers are required to make contributions on behalf of all employees
performing work described in this agreement including newly engaged or newly hired
employees referred to in Article III, Section 2 and Article VIII, Section 1 from the first
hour of their employment.
3. Such Fund was established by an Agreement and Declaration of Trust dated July 1, 1965,
and all employers agree to make the aforesaid payments in accordance with the rules and
regulations established by the Trustees of said Trust from time to time and to be bound
by and comply with all the provisions of said Agreement and Declaration of Trust as the
same exists or may during the term of this Agreement be amended in accordance with its
terms.
4. The Pension Fund Trustees shall explore the creation of defined contribution retirement fund
to be funded solely through elective employee contributions. If the Trustees determine that
such a fund is feasible and if the Pension Trustees unanimously agree to create the fund, any
language necessary for establishing the fund shall be deemed adopted into this Agreement.
ARTICLE XXIV
Industry Promotional Fund
1. Every employer shall during the term of this agreement pay into the Service Fitters
Industry Promotional Fund of New York for each hour paid under this Agreement
according to the following schedule:
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Effective July 1, 2025: fifteen ($.15) cents per paid hour
Effective January 1, 2026: twenty ($.20) cents per paid hour
Effective January 1, 2027: twenty-five ($.25) cents per paid hour
Effective January 1, 2028: thirty ($.30) cents per paid hour.
2. Such Fund was established by a Declaration of Trust dated November 23, 1983 and all
employers agree to make the aforesaid payments in accordance with the rules and
regulations established by the Trustees of said Trust from time to time, and to be bound
by and comply with all provisions of said Declaration of Trust.
3. Holiday, sick or vacation time shall be considered hours paid for the purpose of this
Article. The employers are required to make contributions on behalf of all employees
performing work described in this agreement including newly engaged or newly hired
employees referred to in Article III, Section 2 and Article VIII, Section 1 from the first
hour of their employment.
ARTICLE XXV
Industry Educational Fund
Every Employer shall pay the following amounts per hour for each hour paid, not to exceed forty (40) hours per week, for employees covered by this Agreement to the Service Fitters Industry Educational Fund: From July 1, 2025 to June 30, 2029 thirty-five ($.35) cents; Such Fund 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.
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
Bonding and Fund Payment Requirements and Administration
Section 1. Bonding or Cash Security Deposit. Each employer that is delinquent in making contributions three (3) or more times during the term of this agreement shall furnish a bond or produce a cash security deposit to the joint benefit of the Trustees of the Metal Trades Branch Local Union 638 Pension 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
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Agreement.
Such bond shall be in form and substance, and shall be issued by a surety, satisfactory to the said Trustees, jointly. Such bonds shall provide that the counties of New York and Nassau and Suffolk are proper venue. Such cash security deposits shall be held by the fund office.
The amount of such bond or cash security deposit shall be an amount equal to the total of the three trailing months of contributions, rounded up to the nearest thousand, due from such employer 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, e.g. 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 5-501 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 Article.
Where a contractor is required to provide a bond or cash security deposit and does not, and/or is delinquent more than three (3) times during the term of the 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 the Fund Administrator, 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 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 employee’s name in a format approved by the Trustees 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, unless otherwise designated by the Trustees.
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
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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 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 above in this Article, including contributions due, interest as required by Section 2, Paragraph 2 and bond or 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, and/or interest due required by Section 2, Paragraph 2 and/or to obtain the posting of a bond or 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 an Arbitrator as the Board of Arbitration may from time to time select, to be settled by arbitration in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association (“AAA”), except as otherwise provided herein and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof and shall be final and binding upon the parties. Should the Trustees fail to reach mutual agreement on the selection of an Arbitrator, the parties shall utilize AAA to select an Arbitrator. Should the Employer fail to appear, together with his payroll records for the period of delinquency in question, the Arbitrator may find against the Employer by default. In any case in which the Arbitrator finds that the Employer is indebted to the Funds, the award shall include: the unpaid contributions, and interest on unpaid or tardily paid contributions at the Contractual Rate of Interest; and as liquidated damages an amount equal to 20% (twenty percent) of the unpaid contributions as well as any sums due pursuant to Section 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 certified check, bank check, money order, ACH, wire transfer, or an uncertified check which the Fund Office determines has cleared prior to the arbitration hearing; the Fund’s 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 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 administrative fee is TWO HUNDRED DOLLARS ($200); if the notice of hearing has been issued by the arbitrator, and all fringe benefits claimed
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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 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, 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, 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 requirement of Article XXVII, shall constitute a breach of this Agreement 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 this Agreement.
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 bond or cash security deposit, auditing and reporting requirements hereof, for action as provided for in Article XXVII, Section 4. All bonds or cash security deposits furnished under this Article shall provide for payment of the Employer’s 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 bond or cash security deposit or certified check required under this Agreement or who fails to pay interest as
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required by Section 2, Paragraph 2.
When an Employer’s 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 day’s wages including fringe benefits to each employee who was removed from the job.
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”.
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ARTICLE XXIX
The parties agree to adhere to the tenets of the United Association Standard of Excellence.
IN WITNESS WHEREOF, the parties named have caused their proper representatives, having full power to sign these presents:
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.
Metal Trades Branch Local 638
For Mechanical Service Contractors Association of New York, Inc.
MSCA of New York, Inc.
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Matt Pellechia
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ADDENDUM TO OFFICIAL WORKING AGREEMENT
BETWEEN THE 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 non-paid work break. These designated shifts shall terminate at 7:00 p.m. 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 12:00 noon until 9:00 p.m. on the same day with 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 and/or 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 7:00 p.m. Friday to 8:00 a.m. 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 Year’s Day, Fourth of July, Labor Day, Veteran’s 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, Jr.’s Birthday, President’s Day,
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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.