TRADE AGREEMENT
Between the
MASON TENDERS’
DISTRICT COUNCIL
OF GREATER NEW YORK
and
LOCAL 12A ABATEMENT
OF THE INTERNATIONAL ASSOCIATION
OF HEAT AND FROST INSULATORS
AND ASBESTOS WORKERS
and the
ENVIRONMENTAL CONTRACTORS ASSOCIATION, INC.
Effective on and after January 1, 2016
To July 31,2017
2016-2017
4852-8403-7634.1
ARTICLE I. SCOPE OF AGREEMENT 1
ARTICLE II. OTHER CONTRACTS 1
ARTICLE III. UNION SECURITY AND HIRING ARRANGEMENTS 2
ARTICLE IV. JURISDICTION 6
ARTICLE V. MANAGEMENT’S RIGHTS 7
ARTICLE VI. HOURS AND OVERTIME 7
ARTICLE VIL WAGES AND CLASSIFICATIONS 9
ARTICLE Vin. FRINGE BENEFITS AND DUES 11
ARTICLE IX. WORKING CONDITIONS 18
ARTICLE X. SHOP STEWARDS AND FOREMEN 19
ARTICLE XI. STRIKES AND LOCKOUTS 21
ARTICLE XII. DISPUTES AND GRIEVANCES 23
ARTICLE Xni. NON-DISCRIMINATION 25
ARTICLE XIV. MISCELLANEOUS 25
ARTICLE XV. PERIOD OF AGREEMENT 28
4852-8403-7634.1 1
TRADE AGREEMENT
This Trade Agreement (hereinafter designated as the “Agreement”) is entered into by and
between the ENVIRONMENTAL CONTRACTORS ASSOCIATION, INC. (hereinafter the
“Association”) and the MASON TENDERS’ DISTRICT COUNCIL OF GREATER NEW
YORK, affiliated with the Laborers’ International Union of North America, for its constituent
Local Union 78 (“Mason Tenders”) and Local 12A Abatement of the International Association
of Heat and Frost Insulators and Asbestos Workers (“Asbestos Workers”) (hereinafter
collectively the “Unions.”).
| ARTICLE I Section 1. |
SCOPE OF AGREEMENT |
The Unions claim and have shown, and the Association and any and all Employers
acknowledge and agree, that a majority of employees have authorized the Unions to represent
them in collective bargaining. The Association and Employers hereby recognize the Unions (in
regard to their respective jurisdictions as defined below) as the exclusive bargaining
representative under Section 9(a) of the National Labor Relations Act for all employees who
perform work covered by Article IV of this Agreement on all present and future job sites.
Section 2.
This Agreement shall apply and is limited to all work as defined in ARTICLE IV –
JURISDICTION – and which is performed in the five boroughs of New York City and Nassau
and Suffolk Counties on Long Island.
| ARTICLEn Section 1 |
OTHER CONTRACTS |
| (a) | If, within the jurisdiction of this Agreement, any Union enters into any agreement |
with any employer or association that provides, contains or otherwise permits more favorable
terms or conditions of employment to such employer or association in the performance of
bargaining unit work than are provided for in this Agreement, then each member of the
Association (hereinafter “Employer”) shall have the option to assume such more favorable terms
or conditions and apply them to employees represented by the Union that entered into such more
favorable agreement, provided all aspects of the agreement directly related to such more
favorable terms and conditions are assumed.
(b) If, within the jurisdiction of this Agreement, any Union allows any practice by
any employer or association that provides or permits more favorable terms or conditions of
employment to such employer or association in the performance of bargaining unit work than are
provided for in this Agreement, and the Union fails to file a grievance or take other appropriate
action to bring about a complete cessation of such practice within ten (10) calendar days of its
receipt of written notice thereof from the Association, then such more favorable terms and
conditions shall be available to the members of the Association to apply to employees
represented by the Union that permitted the more favorable terms.
(c) The preceding paragraphs (a) and (b) of this Section shall have no application to
terms and conditions of employment provided in, or maintained under, collective bargaining
agreements negotiated by the Building Contractors Association, the Contractors Association of
4852-8403-7634.1
-1-
Greater New York, the Cement League, the Association of Brick Mason Contractors, or their
successors.
Section 2
Each Employer agrees that it will not subcontract “on site” bargaining unit work as
defined in Article IV unless the Employer receiving the subcontract agrees to be bound by the
terms of this Agreement and/or has an Agreement with the Union having jurisdiction over such
work under Article IV of this Agreement. When an Employer subcontracts any such work, the
Employer shall be responsible for the subcontractor complying with all provisions of the
Agreement. Any Employer who subcontracts any such work shall be responsible for the
payment of wages, fringe benefits fund contributions, and working dues check-offs by such
subcontractor. The Employer and the Unions hereby agree to the elimination of lumping.
Section 3
Employers may subcontract non-bargaining unit work as defined in Article IV and shall
have no responsibility for obligations of such subcontractors.
Section 4
This Agreement shall be binding on the signatory parties hereto and shall apply to the
parents, affiliates, subsidiaries, or other ventures of any such party.
Section 5
If any Employer covered by this Agreement or any of the Employer’s owners forms or
acquires by purchase, merger or otherwise, an ownership interest in another company performing
bargaining unit work within the jurisdiction of this Agreement, this Agreement shall cover such
other company, and the employees of such other company performing bargaining unit work shall
be considered an accretion to the bargaining unit within the jurisdiction of this Agreement.
Section 6
If an Employer covered by this Agreement or any of the Employer’s owners forms or
acquires by purchase, merger or otherwise, an ownership interest in another company performing
bargaining unit work within the jurisdiction of this Agreement, this Agreement shall cover such
other company, and the Employer and such other company shall be jointly and severally liable
for each other’s obligations under this Agreement.
Section 7
Except as provided by law, any natural person who is an owner, principal, officer,
director, employee or agent of any Employer and/or the Association shall have no personal
liability of any kind whatsoever under this Agreement.
ARTICLE HI UNION SECURITY AND HIRING ARRANGEMENTS
Section 1
It shall be a condition of employment that all employees of the Employer who perform
work covered by Article IV of this Agreement shall become or remain members in good standing
of the applicable Union or shall pay uniform initiation and agency fees on or after the eighth (8th)
day following the execution of this Agreement, or after the eighth (8th) day following the
4852-8403-7634.1 -2-
beginning of covered employment. Each Union agrees that all employees will be accepted to
membership or placed on its out-of-work list on the same terms and conditions generally
applicable to other members or laborers on its out-of-work list and further, that the Employer
will not be requested to discharge an employee for reasons other than such employee’s failure to
tender the periodic dues or fees uniformly required.
Section 2
The Employers shall have the right to determine the qualifications and competency of all
employees and the number and type of employees required, and to reject any job applicant
referred to the Employer by a Hiring Hall under Section 3, below; provided that the Employer’s
rejection of a Shop Steward must be based on the Shop Steward’s qualifications or competency.
The rejection of a Shop Steward may be grieved in accordance with the provisions of Article XII
(Disputes and Grievances). If the Shop Steward is found to have been improperly rejected, he
shall be paid for all lost time at the rate of 40 hours per week and shall be reinstated.
Section 3
(a) Whenever an Employer requires employees to perform work covered by this
Agreement on any job, the Employer shall notify the appropriate Hiring Hall, either by telephone
or in writing (on a form to be supplied by the Union to all signatory Employers), stating the job
location and the job start date and start time, and the number and type of employees required.
Such notice shall be provided at least twenty-four (24) hours prior to the commencement of the
job, unless it is an emergency job, in which case notice shall be provided as early as practicable.
For work performed in the five (5) boroughs of New York City and Nassau and Suffolk Counties
on Long Island, the Mason Tenders and Asbestos Workers will operate the Hiring Halls.
(b) Each Union shall maintain one out-of-work registration list (“out-of-work list”) of
all qualified applicants, as defined in subparagraph c, below, who are out of work, in the order in
which such individuals register with the Union. This out-of-work list shall be maintained by the
Unions at the Hiring Halls. One or more representatives of each Hiring Hall shall be on call 24
hours per day, 365 days per year, for the purpose of receiving and processing Employer referral
requests.
(c) An applicant shall be qualified, and thus eligible for employment, only if that
applicant: (i) has not been previously rejected and deemed unsatisfactory for work in writing by
the Employer who submitted the request for employees; (ii) has documentation of a current
physical examination, which exam and documentation shall be provided at the Union’s expense;
(iii) has produced all current licenses or certificates required to perform the work that is the
subject of the Employer’s request to the Union and, in that regard, the Union agrees to cooperate
in a program to verify the licenses or certificates required to perform work under this Agreement;
and (iv) has the appropriate paperwork demonstrating a current fit test, if necessary for the work
that is the subject of the Employer’s request. The Employer shall specify in writing any
additional skills or requirements necessary to perform the work, and the Unions shall inquire of
potential referrals to determine whether they possess such skills and/or requirements to perform
the job in question.
(d) The Unions shall remove from the out-of-work lists any individual who has been
the subject of rejection letters from three or more Employers in any rolling three-year period. An
applicant may grieve, commencing with Step 3 pursuant to Article XII, whether such letters are
valid for purposes of this subparagraph d; provided that an Employer’s decision to reject an
applicant based on subparagraph c(i) of this Section 3 or otherwise pursuant to Section 2 of this
4852-8403-7634.1 – 3 –
Article III may not be made the subject of a grievance, except as provided in Section 2 with
regard to the qualifications or competency of a Shop Steward, and, further provided that the sole
issue to be determined in such grievance shall be whether the individual can establish that one or
more of the rejection letters was received for a reason other than said individual’s qualifications
or competency to perform the work for which said individual was referred; and further provided
that if any individual prevails in such a grievance, said individual shall not be referred for
employment to any Employer who has previously rejected said individual for employment in
writing, including any Employer whose rejection letter was the subject of the grievance.
(e) The Hiring Halls shall fill Employer referral requests and dispatch to the
Employers qualified applicants in order of their registration on the out-of-work list. Each
applicant referred to an Employer shall be given a written dispatch slip by the Hiring Hall
confirming his dispatch to the Employer and indicating the request the dispatched applicant is
filing.
(f) Except as provided below, at the request of an Employer or his agent, the Hiring
Halls shall refer to the Employer any individual requested by name who is on that Union’s out of
work list or any individual who has previously worked for the Employer and is requested by
name and is on that Union’s out-of-work list and shall provide such individual with a dispatch
slip without regard to where such individuals are placed on the out of work list or whether they
on the out-of work-list. Upon request, the Hiring Halls shall provide the Association or
individual Employers with copies of all out-of-work lists, at the reasonable cost set forth in the
Local’s Hiring Hall Rules.
| (g) | The Hiring Halls shall not knowingly refer or dispatch any employee then |
| currently employed by any other Employer working under this Agreement. | |
| (h) | In the event that a Hiring Hall is unable to fill any request for employees within |
twenty-four (24) hours after a timely request is made by the Employer pursuant to Section 3(a)
above, the Employer may employ individuals from any other available source. The Employer
shall inform the appropriate Union of the name and social security number of any individuals
hired from other sources and shall refer the individuals to the Hiring Hall for dispatch to the
Employer. In the event a Union is unable to fill any request for Handlers on a timely basis and
such request is filled by the alternative Union, the Handlers provided by the alternative Union
shall stay on that job until discharged by the Employer. All future hiring on that job shall be
divided by the original 80% – 20% ratio and no hirings or terminations shall be required to
rebalance the ratio for the duration of the job.
(i) The parties to this Agreement shall post in places where notices to employees or
applicants for employment are customarily posted, all provisions relating to the function of the
hiring arrangements, including the safeguards that are essential to the legality of such an
exclusive hiring arrangement.
(j) The Unions shall have the right to collect a reasonable fee for inclusion on the
out-of-work list from all persons who are not members in good standing of the Union or are not
tendering uniform initiation and agency fees uniformly required. Said fee shall be collected to
cover the reasonable cost of maintaining the out-of-work list. At the earliest date permitted by
law a person who has paid said fee to be included on the out-of-work list and is referred to an
Employer shall tender to the Union upon acceptance for employment by the Employer the
uniform initiation and agency fees uniformly required.
4852-8403-7634.1 -4-
(k) The Employer agrees to discharge, upon receiving seven (7) days’ written notice,
signed by the Secretary-Treasurer of the Union, any employee with respect to whom such notice
may state that such employee has failed to tender uniform initiation and agency fees uniformly
required, provided that said written notice is also provided to said employee and that said
employee has not paid the required initiation and agency fees within seven (7) days of the date of
the written notice. The Union shall indemnify, defend, and hold the Employer harmless against
any damage, loss, backpay award, expenses (including attorneys’ fees) or financial liability
arising from the Employer’s compliance with such notice.
Section 4
(a) Any Handler referred or dispatched to an Employer shall not be entitled to
commence work, or receive reporting pay, or any other wages, benefits or other entitlement
under this Agreement, unless such Handler is qualified and brings with him at the time the
Handler reports to work copies of the following documents, which shall be given to the
Employer at the time the Handler reports to work: (A) all current licenses or certificates required
to perform the work to which the Handler has been referred together with documentation of the
histoiy of such license and any pertinent training certificates; and (B) documentation of a current
physical examination. The Handler is also expected to have with him, but its absence shall not
be a basis for barring the Handler from commencing work, the dispatch slip from the Hiring Hall
for the job for which the Handler is reporting.
(b) Each Hiring Hall shall maintain in its files, for each individual registered on its
out-of-work list, copies of each document described in subparagraph (a) of this Section 4. Upon
request by an Employer, the Hiring Hall shall provide additional copies of these documents by
facsimile or otherwise for any employee whom the Hiring Hall has referred to the Employer, and
who has personally picked up his dispatch slip from the Hiring Hall. The cost of providing these
documents to an Employer will be paid to the Union either by the employee, if the request for
these documents is due to the fault of the employee (e.g., the employee’s failure to bring such
documents as required by sub-paragraph (a) of this Section 4), or by the Employer, if the request
is due to the fault of the Employer (e.g., the Employer lost the documents provided by the
employee) according to the following schedule: $2.00 per employee if sent by mail, or $3.00 per
employee if sent by fax.
(c) An Employer may reject any referral for any reason, except for the Shop Steward,
who may be rejected under the terms of Article III, Section 2 only; provided the Employer
complies with Article VI, Section 5 (Reporting Pay); provided further that said Article VI,
Section 5 shall not apply to employees who are rejected pursuant to subparagraph (a) of this
Section 4.
Section 5
(a) The job referral system set forth in this Article will be operated in a nondiscriminatory manner and in full compliance with Federal, State, and local laws and regulations
which require equal employment opportunities and non-discrimination, and shall not be affected
in any way by the rules, regulations, by-laws, constitutional provisions or any other aspects of
obligations of union membership, policies or requirements. All of the foregoing hiring
procedures, including related practices affecting apprenticeship and training, will be operated so
as to facilitate the ability of the Employers to meet any and all equal employment
opportunity/affirmative action obligations.
4852-8403-7634.1 -5-
(b) The Employers and the Unions agree there will be no discrimination in any
manner prohibited by law against any employee or applicant for employment, with respect to
race, creed, color, national origin, sex, age, religion, physical or mental disability, veteran status,
marital status, genetic predisposition or carrier states, alienage or citizenship status or secual
orientation in all employment decisions, including but not limited to recruitment, referral, hiring,
compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading,
transfer, layoff and termination, and all other terms and conditions of employment.
(c) In the event that an Employer or any individual employee claims that he/she is
being discriminated against in hiring because of Union or non-Union status, or by reason of any
provision contained in this Section, he/she shall file a complaint with the Employer and/or Union
setting forth the details of such alleged discrimination and the matter shall be referred for
resolution and processed in accordance with Article XII below (Disputes and Grievances).
| (d) | Employers have the right to refer employees to the Hiring Hall to be added to the |
| out-of-work list. | |
| ARTICLE IV | JURISDICTION |
| Section 1 | |
| (a) | The parties recognize the exclusive jurisdiction of the Unions over the removal, |
abatement, encapsulation or decontamination of asbestos, lead or other toxic or hazardous waste
or materials which work shall include, but not be limited to: the erection, moving, servicing,
operation, and dismantling of all enclosures, scaffolding, barricades, decons, negative air
machines, vacuum trucks, blasting and scraping equipment, chemicals and chemical applying
equipment, and any other tools, equipment or materials used in the removal, abatement,
encapsulation or decontamination of asbestos, lead or other toxic or hazardous waste or
materials, as well as the servicing and operation of tools and performance of all work related to
the sorting, labeling, bagging, cartoning, crating, packaging and movement of such asbestos, lead
or other toxic or hazardous waste or materials for disposal; the movement and/or transportation
and disposal of such asbestos, lead or other toxic or hazardous waste or materials to any
authorized disposal site; the clean up of the work site and all other work and stand-by time
incidental to the removal, abatement, encapsulation or decontamination of such asbestos, lead or
other toxic or hazardous waste or materials; and the performance of safety watch duties.
(b) All tools, including power tools and their sources of power (e.g., motors, turbines,
batteries, generators, compressors, etc.), that are necessary for the performance and successful
completion of all work customarily performed under this Agreement, shall be operated and
maintained by Local 78-represented hazardous waste abatement handlers.
Section 2
(a) Where work described in Section 1 above is performed within the five (5)
boroughs of New York City, or Nassau or Suffolk County on Long Island, jurisdiction over such
work shall be divided as follows: on all jobs the Mason Tenders shall provide 80% of the
Handlers and the Asbestos Workers shall provide 20% of the Handlers; provided that on
industrial or Con Edison projects that solely involve the removal of insulation materials from
mechanical systems (e.g., pipes, boilers, ducts, flues and/or breechings) that are not going to be
scrapped, the Mason Tenders shall provide 20% of the Handlers for the project and the Asbestos
Workers shall provide 80% of the Handlers for the project as long as the applicable union is able
to refer sufficient numbers of qualified Handlers on a timely basis.
4852-8403-7634.1 -6-
(b) Whenever used in this Article, or elsewhere in the Agreement, the 80%-20% ratio
for the provision of Handlers on a job site where the Mason Tenders provide 80% of the
Handlers shall be observed by the fourth out of every five handlers being referred by Local 12A.
The 80%-20% ratio for the provision of Handlers on a job site where the Asbestos Workers
provide 80% of the Handlers shall be observed by the fourth out of every five handlers being
referred by Local 78.
ARTICLE V. MANAGEMENT’S RIGHTS
Section 1
Except as expressly limited by other provisions of this Agreement, each Employer retains
the sole right: to manage the affairs of its business and to direct its workforce; to promote,
transfer, or layoff, or to discipline or discharge for cause; to promulgate reasonable work rules
not inconsistent with this Agreement; to select foremen; to assign and schedule work; to increase
or decrease the work force and to lay off employees due to lack of work and other legitimate
reasons, and to select employees to be laid off, provided that the Shop Steward will be the
second to last employee laid off; to assign and change the work, duties and job functions of
specific employees, provided that the Employer does not interfere with the ability of Shop
Stewards to carry out their proper functions as Shop Stewards; to determine the qualifications
and competency of employees; to determine the number of hours to be worked; to discontinue or
close down, temporarily or permanently, in whole or in part, the operations of its business or to
sell part or all of such business or operations; to determine the number of employees assigned to
any particular job or task; and to carry out the ordinary and customary functions of management.
Section 2
There shall be no limitation or restriction by the Unions upon the Employer’s choice of
materials or design, nor, regardless of source or location, upon the selection or use of equipment,
machinery, packaging, materials, tools, or devices.
Section 3
The use of technology, equipment, machinery, tools and/or labor saving devices and
methods of performing work may be initiated by the Employer from time-to-time during the term
of this Agreement. If there is any disagreement between an Employer and a Union concerning
the use or implementation of any such device or method of work, the implementation shall
proceed as directed by the Employer, and the Union shall have the right to grieve and/or arbitrate
the dispute as set forth in Article XII (Disputes and Grievances) of this Agreement, except that
the Employer shall not implement any disputed changes affecting the employees’ hygiene, health
or safety prior to a final determination by the Joint Arbitration Board or Arbitrator pursuant to
Article XII.
| ARTICLE VI. Section 1 |
HOURS AND OVERTIME |
| (a) | Each Employer shall have the right to schedule shifts, days and hours of work and |
daily starting and quitting times for employees. Employees shall receive a one-half (1/2) hour
unpaid meal period, approximately at the mid-point of their shifts. Employees working a shift of
more than 12 hours shall receive an additional one-half (1/2) hour unpaid meal period,
approximately at the mid-point of the second half of their shifts.
4852-8403-7634.1 – 7 –
| (b) | In the Employer’s discretion, lunch periods may be staggered to allow employees |
| time to clean up. | |
| (c) | If an employee works for seven (7) hours without a lunch break they will not be |
| required to work beyond seven (7) hours and will be paid for eight (8) hours worked. | |
| (d) | No employee will be requested or required to begin a shift less than eight (8) |
hours after that employee completed work on a previous shift.
Section 2
The work week will start on Monday and conclude on Sunday. Commencing June 1,
2011, the work week will start on Monday and conclude on Saturday.
Section 3
There shall be no shift differential pay.
Section 4
(a) Overtime shall be defined as all hours worked in excess of eight hours per day or
forty (40) hours per week; effective June 1, 2011, work on Sunday shall also be considered
overtime. Overtime shall be paid at the rate of one and one-half times the employee’s regular
straight-time rate of pay.
(b) There will be no restriction on the Employer’s scheduling of overtime. Overtime
shall be offered to employees then currently performing the work schedule for overtime on the
job site. The employees may reject such offers of overtime without being subject to discipline,
provided that the Employer has a sufficient number of employees who accept the offer of
overtime work. The Employer can require employees to work overtime in the event of an
emergency, or in the event an insufficient number of employees volunteer for overtime work;
and the Employer can require specific employees to work overtime to complete a specific task on
which they are working; provided that no employee can be required to work more than 14 hours
per day.
| (c) | No overtime rate or premium pay of any kind under this Agreement shall be |
| pyramided, compounded, added together or paid twice for the same time period. Section 5 |
|
| (a) | If an Employer requests employees to report on any day and such employees |
report for work on that day at the designated starting time with the requisite respirator and
paperwork, as described in Article III, Section 4 (Hiring Hall), but are not put to work, then such
employees shall be entitled to two (2) hours’ reporting pay at their regular straight time rate of
pay, except in circumstances beyond the Employer’s control, or unless the employee had been
informed not to report, had failed to comply with subparagraph (d) below of this Section 5, or
was sent home for misconduct.
(b) If the Employer requests employees to report on any day, and such employees
report for work on that day at the designated starting time with the requisite respirator and
paperwork, as described in Article in, Section 4 (Hiring Hall), and are put to work, but work
fewer than four (4) hours, then such employees shall be entitled to four hours’ reporting pay at
4852-8403-7634.1 -8-
their regular straight time rate of pay, except in circumstances beyond the Employer’s control, or
unless the employee was sent home for misconduct.
(c) If an employee works six or more hours, but not in excess of eight hours, he shall
be compensated as if he worked eight hours. The preceding shall not apply to handlers who fail
to report on-time for their required shift, or who leave the job by their own choice prior to the
Employer concluding the shift.
(d) Whenever reporting pay is provided for employees, they will be required to
remain at the work site available for work for such time as they receive such pay, unless released
earlier by the principal supervisor of the Employer at the work site or his designated
representative.
(e) Each employee shall furnish his Employer with his current address and telephone
number, and shall promptly report any changes in each to the Employer.
Section 6
Except as provided in Section 5 above, it is understood and agreed that neither the
provisions of this Article nor any other provisions of this Agreement are to be considered a
guarantee of the availability in a workweek of any particular number of days or hours of work or
pay for any employee. Likewise, the preceding Article VI, Section 5(c) shall not change the
expectation that the standard work-day is an eight hour day.
Section 7
All work performed between 12:00 AM and 11:59 PM on the following holidays shall be
paid at the rate of time and one-half the Handler’s regular straight-time rate of pay.
New Year’s Day
Good Friday
Easter
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas
(The date New York City observes any of the above referenced holidays shall be the
contract Holiday in the event it is different from the date on which the Holiday actually
falls).
| ARTICLE VII Section 1 |
WAGES AND CLASSIFICATIONS |
| (a) | All work covered by this Agreement shall be performed by Handlers. |
4852-8403-7634.1 -9-
(b) Pursuant to the Mandatory Apprentice Program adopted by Local 78, all
Handlers represented by the Mason Tenders on any job shall either be credited as Journeymen by
the Joint Apprenticeship Training Committee referred to on Article XIV, Section 10. (“JATC”),
or designated and enrolled as Apprentices in the JATC administered program.
(c) All Handlers provided by the Asbestos Workers shall be either Class A or Class B
journeypersons or apprentices enrolled in a program administered by the Joint Apprenticeship
Training Committee referred to on Article XIV, Section 10. Class A journeypersons are those
journeypersons who become members of the Asbestos Workers prior to January 1, 2004. Class
B joumeypersons are those who become members of the Union on or after January 1, 2004.
Class B joumeypersons shall become Class A joumeypersons after performing 750 hours of
Handler work. The responsibility for identifying joumeypersons as belonging to Class A or
Class B shall rest with the Asbestos Workers.
Section 2
| (a) Agreement. (b) Handlers. (c) |
Wage rates for Handlers shall be in accordance with Schedule A annexed to this |
| The wage rate for Foremen shall be $2.00 per hour above the prescribed rate for | |
| Nothing contained in this Agreement shall be constmed so as to limit in any way |
the right of the Employers to grant discretionary merit increases in the hourly wage rates paid
employees covered by this Agreement, provided that the Employer will advise the Union of the
name of each employee who is receiving such an increase and the amount of such increase, and
provided further that such increases will not be revoked prior to completion of the applicable
phase of the project. No Employer shall pay a bonus to any employee covered by this
Agreement unless said bonus is paid by check and the Employer has obtained prior consent of
the Union, which consent will not be unreasonably withheld.
(d) The Unions, in their sole and absolute discretion, reserve the right to allocate or
reallocate any wage rates or fringe benefit contribution rates set forth in Schedule A as long as
uniformly applied under this Agreement.
Section 3
The Employer, its employees or the agents of either shall not accept or give directly or
indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or extend
any favor to any person for the purpose of affecting any change in rate of wages. The Employer
or its representatives shall not be permitted to give any advance in wages or lend money to its
employees covered by this Agreement unless said advance or loan is made by check and written
notice thereof is given to the Union.
Section 4
| (a) | All employees covered by this Agreement may be paid by check and shall be paid |
| no later than the end of the work shift on Thursday. | |
| (b) | Any employee who is discharged or laid off shall be paid on the regularly |
scheduled payday for that week. Notification of layoff shall be at the Employer’s discretion, but
given not later than the end of the work shift on the date the layoff is to be effective. Such
notification may be oral.
4852-8403-7634.1 – 10-
| (c) | In the event that any paycheck issued by an Employer is not honored, said |
| Employer shall be required to pay all of its employees with certified checks. | |
| ARTICLE VIII Section 1 |
FRINGE BENEFITS AND DUES |
| (a) | For work performed by members of the Mason Tenders’ District Council of |
| Greater New York, Employers shall pay Fringe Benefits Fund contributions to the applicable Mason Tenders’ District Council of Greater New York Trust Fund (“MTDC Funds”). |
|
| (b) | For work performed by members of the Asbestos Workers, Employers shall pay |
Fringe Benefits Fund contributions to the applicable Asbestos Workers Fringe Benefit Funds
(“Local 12A Funds”).
(c) No Employer shall be obligated under any circumstance to pay fringe benefit
contributions to the Trust Funds of more than one of the Unions that are signatory to this
Agreement for the same hours worked by a Handler.
Section 2
The Employer shall deduct the sums per hour set forth in Schedule A as designated by the
Union referring the Handler, or such other amount as may be later designated by the referring
Union, as dues from the wages of all employees covered by this Agreement who authorize such
deduction in writing; it shall then promptly pay over such sums to the Union or its designated
agent for collection not later than the fifteenth (15th) day of the month following the month in
which said deduction was made.
Section 3
(a) Effective for the period January 1, 2016 to July 31, 2017, and subject to the
Union’s right to allocate/reallocate fixture increases as provided in Article VH, the Employer
shall pay monthly to the Trustees of the applicable Welfare Fund the hourly rate specified in
Schedule A for all hours worked by the employees covered by this Agreement.
(b) Contributions to the Welfare Funds shall be for the purpose of providing benefits
for death, accident, health, medical and surgical care, hospitalization and other such forms of
group benefits for employees covered by this Agreement, their spouses, and their eligible
children, as the Trustees may, in their sole and absolute discretion, determine and, in addition,
out of said monies the Trustees of the Welfare Funds shall provide coverage to conform with the
New York State Disability Insurance Law for all employees covered by this Agreement for the
period of this Agreement, the cost of which shall be borne by such Welfare Fund. It is the
intention of the parties that no contributions shall be required on the premium portion of wages,
i.e. contributions shall be based upon hours worked and not upon wages paid.
(c) Welfare coverage shall also be provided for all eligible employees of the Unions
and the Fringe Benefit Funds, provided contributions are made to the Funds by their employers
on their behalves in amounts no less than are paid by Employers covered by this Agreement.
Section 4
| (a) | Effective for the period January 1, 2016 to July 31, 2017, and subject to the |
| Union’s right to allocate/reallocate fixture increases as provided in Article VII, the Employer shall | |
| 4852-8403-7634.1 | – 11 – |
pay monthly to the Trustees of the applicable Pension Fund the hourly rate specified in Schedule
A for all hours worked by employees covered by this Agreement.
(b) Contributions to the Pension Funds shall be utilized for the purpose of providing
pension and other benefits for the eligible employees covered by this Agreement as the Trustees
may, in their sole and absolute discretion, determine. It is the intention of the parties that no
contributions shall be required on the premium portion of wages, i.e., contributions shall be
based upon hours worked and not upon wages paid.
(c) Pension coverage shall also be provided for all eligible employees of the Union
and the Fringe Benefit Funds provided contributions are made to the Funds by their employers
on their behalves in amounts no less than are paid by Employers covered by this Agreement.
Section 5
(a) Effective for the period January 1, 2016 to July 31, 2017, and subject to the
Unions’ right to allocate/reallocate future increases as provided in Article VII, the Employer
shall pay monthly to the Trustees of the applicable Annuity Fund the hourly rate specified in
Schedule A for all hours worked by employees covered by this Agreement.
(b) Contributions to the Annuity Funds shall be utilized for the purpose of providing
annuity and other benefits to eligible employees covered by this Agreement as the Trustees may,
in their sole and absolute discretion, determine. It is the intention of the parties that no
contributions shall be required on the premium portion of wages, i.e., contributions shall be
based upon hours worked and not upon wages paid.
(c) Annuity Fund coverage shall also be provided for all eligible employees of the
Unions and the Fringe Benefit Funds, provided contributions are made to the Fund by their
employers on their behalves in amounts no less than are paid by Employers covered by this
Agreement.
Section 6
(a) Effective for the period January 1, 2016 to July 31, 2017, and subject to the
Union’s right to allocate/reallocate future increases as provided in Article VH, the Employer
shall pay monthly to the Trustees of the applicable Training Fund the hourly rate specified in
Schedule A for all hours worked by employees covered by this Agreement. Contributions to the
Training Funds shall be used for the purpose of providing education and training in the handling
of asbestos, lead, toxic and hazardous waste and materials. It is the intention of the parties that
no contributions shall be required on the premium portion of wages, i.e., contributions shall be
based upon hours worked and not upon wages paid.
(b) Contributions to the Mason Tenders’ Training Fund shall also be used for the
purpose of paying for the lead blood tests that OSHA requires the Employers covered by this
Agreement to make available to employees. Notwithstanding the foregoing, it is understood and
agreed that the Mason Tenders’ Training Fund (including its Board of Trustees, other fiduciaries
and employees) shall have no responsibility or liability relating in any way to, or arising out of,
the lead blood tests, including any responsibility to ensure that the tests are performed (and the
results are acted upon) in a manner that is consistent with OSHA’s requirements, other than to
pay for such tests in accordance with terms established by the Board of Trustees. Moreover, the
Board of Trustees retains the right to modify at any time the benefits provided under the Mason
4852-8403-7634.1 – 12-
Tenders’ Training Fund, which includes the right to adopt a resolution to cease paying for the
lead blood tests, as herein provided.
(c). Contributions to the Mason Tenders’ Training Fund shall also be used for the
purpose of reimbursing employees in the amount of $84 for the annual respiratory exams that
OSHA requires the Employers covered by this Agreement to make available to employees.
Notwithstanding the foregoing, it is understood and agreed that the Mason Tenders’ Training
Fund (including its Board of Trustees, other fiduciaries and employees) shall have no
responsibility or liability relating any way to, or arising out of, the respiratory exams, including
any responsibility to ensure that the tests are performed (and the results are acted upon) in a
manner that is consistent with OSHA’s requirements, other than to reimburse employees for such
exams in accordance with terms established by the Board of Trustees. Moreover, the Board of
Trustees retains the right to modify at any time the benefits provided under the Mason Tenders’
Training Fund, which includes the right to adopt a resolution to cease reimbursing the members
for the respiratory exams as herein provided.
(d) It is specifically understood and acknowledged that the obligation to make the
above tests available is solely the obligation of the Employers who are required by OSHA to
make these tests available and, by providing these benefits through the Mason Tenders’ Training
Fund, the Fund (including its Board of Trustees, Directors and employees) is not assuming any
obligation or liability of the Employers under any applicable law, including (without limitation)
OSHA or any similar state or local law, and is not acting as the Employer’s agent.
Section 7
Effective for the period January 1, 2016 to July 31, 2017, and subject to the Union’s right
to allocate/reallocate future increases as provided in Article VII, the Employer shall pay monthly
to the authorized agent of the New York State Laborers Employers Cooperation and Education
Trust Fund the hourly rate specified in Schedule A for all hours worked by employees
represented by the Mason Tenders. It is the intention of the parties that no contributions shall be
required on the premium portion of wages, i.e., contributions shall be based upon hours worked
and not upon wages paid.
Section 8
Effective for the period January 1, 2016 to July 31, 2017, and subject to the Union’s right
to allocate/reallocate future increases as provided in Article VII, the Employer shall pay monthly
to the authorized agent of the New York State Health and Safety Trust the hourly rate specified
in Schedule A for all hours worked by employees represented by the Mason Tenders. It is the
intention of the parties that no contributions shall be required on the premium portion of wages,
i.e., contributions shall be based upon hours worked and not upon wages paid.
Section 9
The Employer agrees to deduct and transmit to the Mason Tenders District Council
Political Action Committee (“MTDC PAC”) $0.20 for each hour worked, or such other amount
as the Mason Tenders may subsequently designate, from the wages of those employees
represented by the Mason Tenders who have voluntarily authorized such contributions on the
forms provided for that purpose by the Union. All transmittals shall be accompanied by a list of
the names of those employees for whom such deductions have been made, and the amount
deducted for each such employee.
4852-8403-7634.1 – 13 –
Section 10
The Employer shall contribute $0.25 for each hour worked to the Environmental
Remediation Industry Promotion Fund (the “Promotion Fund”). The Unions further agree to
require the same contribution to be made under independent collective bargaining agreements
entered into by the Unions covering all or part of the jurisdiction of work set forth in Article IV
below, (excluding the Mason Tenders Independent Agreement covering, among other things,
general laborers’ jurisdiction). The Union shall have no responsibility or obligation with respect
to the collection of such contributions. If the Employer utilizes the services of the Fringe Benefit
Funds referred to in Article VIII, Section 11 to collect such contributions, the Funds may assess
an administrative fee for such services. The moneys shall be expended in accordance with the
terms of the Trust Indenture that formed the Promotion Fund but shall not be utilized to fund any
adversarial action against the Unions or any of their constituent locals.
Section 11
(a) Every Employer that becomes an Association member after May 31, 2000, shall
post and maintain a bond in the amount of fifty thousand dollars ($50,000), to ensure payment of
contributions to the Fringe Benefit Funds set forth in this Article of the Agreement (the “Fringe
Benefit Funds”) and remittance of dues check-offs to the Unions, and employee contributions to
the MTDC PAC. In the alternative, such Employers may place a certificate of deposit, in the
amount of the applicable bond, in an account controlled by the Trustees, to ensure payment of
contributions to the Fringe Benefit Funds and remittance of dues check-offs to the Unions and
authorized contributions to the MTDC PAC, provided the interest from such certificate of
deposit shall belong to the Employer. The Employer agrees to execute all forms required by the
Fringe Benefit Funds or the Union in connection with the posting of a certificate of deposit in the
place of a bond. At the written request of an ECA member, the parties will waive the $50,000
bond/certificate of deposit requirement set forth above. The principals of those contractors who
do not post a bond or certificate of deposit, however, will be personally liable to the Mason
Tenders District Counsel and its affiliated fringe benefit funds for all delinquent contributions,
dues, and MTDC PAC contributions, as well for all associated fees and penalties.
(b) No bond or certificate of deposit posted or provided pursuant to subparagraph a of
this Section 11 shall be subject to forfeiture unless: (1) (A) the Employer admits in writing signed
by an officer of the Employer, or a Court determines, that the Employer owes payments of
contributions to the Fringe Benefit Funds, or remittance of dues or MTDC PAC check-offs to the
Union, or (B) there is a deficiency and the Fringe Benefit Funds or the Union receives notice of
expiration or termination of the bond; and (2) the Employer (A) fails to pay said monies within
10 days of said writing or judicial determination, or (B) fails to provide a substitute bond at least
5 days prior to the expiration of termination of said bond.
(c) In the event a deficiency has been determined by an audit of the Employer’s
books and records and said audit is certified by the Fringe Benefit Funds’ auditors, the Employer
shall have 30 days to obtain a certified audit from an independent auditor. If this certified audit
determines that there is no deficiency, then the Employer shall not be required to post any bond
pursuant to this subparagraph (c) of this Section 11. If the Employer does not obtain a certified
audit from an independent auditor determining that there is no deficiency, or if the certified audit
determines that there is a deficiency in an amount lower than the amount certified by the Funds’
auditors and the lower certified deficiency remains unpaid for 60 days after presentment of the
Fringe Benefit Funds’ certified audit to the Employer, the Union may require the Employer to
post and maintain a bond, within 60 days of receiving notice from the Union of the requirement
4852-8403-7634.1 – 14-
to post and maintain such a bond, provided that such bond shall not exceed the following
amounts: for an Employer’s first violation, the amount of the bond shall not exceed the audited
amount or the amount of the lower certified deficiency, whichever is less; and for an Employer’s
second violation, the amount of the bond shall not exceed twice the audited amount or twice the
amount of the lower certified deficiency, whichever is less.
(d) In the event the Trustees receive payment either on a bond or through forfeiture of
a certificate of deposit under this Section 11 and said payment is insufficient to satisfy the entire
deficiency in the payment of contributions to the Fringe Benefit Funds and in remittance of dues
check-offs to the Union, then the Trustees shall make a pro rata payment to each of the Fringe
Benefit Funds and to the Union in an amount equivalent to the percentage of the total deficiency
received by the Trustees through forfeiture of the bond or the certificate of deposit.
Section 12
(a) The books and records of the Employer shall be made available at all reasonable
times for inspection and audit by the accountants or other representatives of the Fringe Benefit
Funds set forth in this Article of the Agreement, including, without limitation, all payroll sheets,
W-2 forms, New York State Employment Reports, Insurance Company Reports and supporting
checks, ledgers, general ledger, cash disbursement ledger, vouchers, 1099 forms, evidence of
unemployment insurance contributions, payroll tax deductions, disability insurance premiums,
certification of workers’ compensation coverage, and any other items concerning payroll(s),
provided, however, that, except based on a showing of non-cooperation or other bad faith acts or
omissions by the Employer, the Trustees shall not direct, and Employers shall not be required to
submit to, an audit for any period of time that has been the subject of a previous audit; nor,
absent a showing of non-cooperation or other bad faith acts or omissions by the Employer, shall
it direct, nor shall Employers be required to submit to, an audit covering periods dating back
more than three years from the date the audit is first requested. In addition, the aforementioned
books and records of any affiliate, subsidiary, alter ego, joint venture, successor or related
company of the Employer shall also be made available at all reasonable times for inspection and
audit by the accountants of the Fringe Benefit Funds set forth in this Article of the Agreement.
The Employer shall retain, for a minimum period of six years or such time as required by law,
whichever is less, payroll and related records necessary for the conduct of a proper audit in order
that a duly designated representative of the Trustees may make periodic review to confirm that
contributions owed pursuant to this Agreement are paid in full.
(b) In the event, after the Trustees have made a reasonable request and provided
proper and timely notice to the Employer, the Employer fails to produce its books and records
necessary for a proper audit, the Trustees, in their sole discretion, may determine that the
Employer’s monthly hours subject to contributions for each month of the requested audit period
are the highest number of employee hours for any month during the twelve months’ audited, or
during the last twelve months for which reports were filed, whichever monthly number of hours
is greater. Such determination by the Trustees shall constitute presumptive evidence of
delinquency. Prior to making such determination, the Trustees shall mail a final seven day
written notice to the Employer advising him that such determination shall be made if the
Employer does not schedule a prompt audit. Nothing herein shall mean that the Funds relinquish
their right to commence legal proceedings to compel an examination of the Employer’s books
and records for audit.
| (c) | If after an audit of its books and records, the Employer is found to be substantially |
| delinquent, as defined herein, in the payment of fringe benefit contributions to the Fringe Benefit | |
| 4852-8403-7634.1 | – 15- |
Funds, the Employer shall bear the imputed cost of the audit, as set forth below, or the actual
cost of the audit, whichever is less. The “imputed cost of the audit” is equal to
total audited deficiency x number of months audited
150
“Substantially delinquent” is defined as any deficiency in the payment of fringe benefit
contributions to the Fringe Benefit Funds in excess of 10% of the fringe benefit contributions
paid to the Fringe Benefit Funds during the period that is the subject of the audit. In the event
the Fringe Benefit Funds bring and prevail in an action to recover the actual or imputed costs of
audit, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in
bringing said action.
(d) Employers shall be entitled to not less than thirty (30) days’ advance written
notice of any audit to be conducted under this Article VH The Employer shall be able to
adjourn the audit by up to five (5) business days, provided it provides the applicable Trust Fund
with no less than ten (10) calendar days’ advance written notice of its need for an adjournment.
If, however, exigent circumstances exist for conducting the audit on less notice, the Trust Fund
may do so, provided it gives advance written notice of the audit, which notice shall be reasonable
given the circumstances. The penalty provisions of subparagraph (e) of this Section 12 shall not
apply if less than thirty (30) days notice is given.
(e). In the event that, after the Fringe Benefit Funds have provided proper and timely
notice to the Employer in accordance with subparagraph (d) above, the Employer fails to
produce the books and records necessary for an audit as set forth in subsection 12(a) of this
Article of the Agreement, the Employer agrees to pay a penalty of $400.00. In the event the
Fringe Benefit Funds bring and prevail in an action to obtain an audit of said Employer’s books
and records, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees
incurred in bringing said action.
(f) If, after an audit of its books and records, the Employer is found to be delinquent
in the payment of fringe benefit contributions to the Fringe Benefit Funds, then the Employer
shall pay, in addition to the delinquent fringe benefit contributions, interest on the unpaid
amounts from the date due until the date of payment at the rate prescribed under section 6621 of
Title 26 of the United States Code. In the event the Fringe Benefit Funds bring and prevail in an
action to recover the interest on delinquent fringe benefit contributions, the Employer shall be
obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.
(g) If any dispute or disagreement arises concerning the alleged failure of an
Employer to make payments to the Funds of principle, interest, liquidated damages, auditors
fees, attorneys fees, or any other amounts which an Employer allegedly owes to the Funds, or
concerning any allegedly mistaken contribution by an Employer to the Fund, the Union or the
Employer may seek arbitration of the dispute pursuant to the grievance arbitration procedures set
out in Article XII. Unless a waiver is mutually agreed to in writing by the parties, a hearing shall
be convened as soon as possible and the arbitrator shall submit his/her award within 20 days after
the close of the hearing. The arbitrator shall have full authority to decide any and all issues
raised by the submission and to fashion an appropriate remedy, including all assessments,
interests, penalties and fees that could be awarded by a court of competent jurisdiction in an
action brought before it under the Employee Retirement Income Security Act (“ERISA”). The
arbitrator’s award shall be final and binding upon the parties, and the individual Employer, and
shall be enforceable in any court of competent jurisdiction. The cost of the arbitration, including
4852-8403-7634.1 – 16-
the arbitrator’s fees, shall be included in the award and shall be borne by the losing party. The
preceding notwithstanding, the arbitrator’s award shall not be binding upon the Fund’s absent the
Fund’s written agreement to participate in this arbitration process and bound to the arbitrator’s
award. The agreement of the parties to submit the above-referenced matters to an arbitrator does
not protect the Employer against any statutory, civil or criminal liability which may attach to its
actions under New York or federal law, nor preclude the Funds from pursuing any remedy in any
appropriate forum permitted by ERISA.
(h) In the event that formal proceedings are instituted before a court of competent
jurisdiction by the Trustees of the Fringe Benefit Funds to collect delinquent contributions to
such Fund, and if such court renders a judgment in favor of such Fund, the Employer shall pay to
such Fund, in accordance with the judgment of the court, and in lieu of any other liquidated
damages, costs, attorneys’ fees and/or interest, the following:
(1) the unpaid contributions.
(2) interest on unpaid contributions determined by using the rate prescribed
under section 6621 of Title 26 of the United States Code.
(3) an amount equal to the aforesaid interest on the unpaid contributions as
and for liquidated damages.
(4) reasonable attorneys’ fees and costs of the action.
(5) such other legal or equitable relief as the court deems appropriate.
(i) The Employer hereby agrees that in the event any payment to the Union or to the
Fringe Benefit Funds by check or other negotiable instrument results in the check or negotiable
instrument being returned without payment after being duly presented, the Employer shall be
liable for additional damages in the amount of $250.00 to cover such additional costs, charges
and expenses. Nothing herein is intended, nor shall be interpreted, to mean that the Fringe
Benefit Funds or Union waive any other liquidated damages.
(j) The Employer agrees to and shall be bound by all terms and conditions of the
Trust Agreement creating the Fringe Benefit Funds and by any rules, regulations, By-laws or
plan documents adopted by the Trustees of the Funds to regulate said Funds, as they may be
amended from time to time, except to the extent any Funds’ document contradicts the terms of
this Agreement.
Section 13.
The Employer’s payments under this Article Vin shall be made monthly and shall be
payable on or before the fifteenth (15th) day of each month covering the payroll periods ending
during the preceding calendar month.
Section 14.
Notwithstanding any other provision of this Article, the claims and rights of all
employees working under this Agreement to workers’ compensation benefits pursuant to New
York law shall be governed by any Workers’ Compensation Addendum to this Agreement that
the parties may establish.
4852-8403-7634.1 -17-
Section 15
The Local 12A Funds shall institute an “electronic receipt” system for the reporting of
fringe benefit contributions and Union dues; and shall permit such contributions and dues to be
paid to all Fringe Benefit Funds and to the Union by one check.
Section 16
(a) The Mason Tenders agree to make their best efforts to obtain and share with the
ECA all non-privileged annual financial statements, form 5500, training surveys, reports, audits,
studies, financial analyses, minutes of each fund’s monthly or quarterly meetings, fund
newsletters and periodicals, etc. that are distributed to the trustees of the Mason Tenders Fringe
Benefit funds and the Training Fund to which ECA members contribute.
| ARTICLE IX Section 1 |
WORKING CONDITIONS |
| (a) | The Employers recognize their responsibilities to provide a safe and healthful |
working environment for employees. The Unions and the employees also recognize their
responsibilities to cooperate with the Employers in maintaining and improving a safe and
healthful working environment. The parties agree to use their best efforts jointly to achieve these
objectives. It is understood that reasonable safety rules of an Employer not inconsistent with
federal, state or municipal laws shall be complied with by all employees.
(b) Each Employer will enforce all rules and regulations relating to safety issues that
are adopted, promulgated or issued by the Occupational Safety and Health Administration, the
New York Department of Environmental Conservation, or any other federal, state or municipal
body having jurisdiction over the work performed by the Employer and their employees.
(c) Any refusal or failure by an employee to obey any such health and safety rules
and regulations shall result in discipline, up to and including discharge.
Section 2
The Employers shall supply each employee with proper safety and disposable clothing,
and filters for respirators. The Employers shall provide all Handlers with a respirator when the
job to which a Handler has been referred requires use of a respirator. Upon request, Handlers
shall acknowledge receipt of a respirator by signing a receipt containing the serial number of the
respirator.
Section 3
Masks and all other equipment used in the removal of asbestos, lead and other toxic and
hazardous materials must meet the requirements of the regulations governing the industry.
Section 4
The Employer shall supply all tools on the job required in performing the work covered
by this Agreement.
Section 5
The Employers will provide shower facilities with hot water.
4852-8403-7634.1 – 18-
Section 6
The Employers and all employees working under this Agreement shall possess the
requisite licenses and certifications for the particular type of work they are performing and toxic
material they are handling.
Section 7
A Hazardous Communication Program (HCP) will be developed that adopts the OSHA
Standards regarding hazardous materials in the workplace and the employees’ right to know the
contents and safe handling procedures of such materials. (OSHA Hazard Communication
Standard 29 C.F.R. §1910.1200).
Section 8
Before entering the employ of an Employer, each employee must pass a physical
examination by a physician designated by the Union and approved by the Association. Each
Handler is required to be and to remain physically fit to perform his/her job satisfactorily, and
will be required to submit to a physical examination by a physician designated by the Employer
at such time or times as the Employer may determine. The Employer shall pay for any physical
required by it that is not required by law. All physical examinations referred to in this
Agreement shall be job-related, and tests administered in such examinations shall be in
accordance with applicable federal, state and local law.
Section 9
Employees shall immediately notify their supervisor when injured on the job.
Section 10.
Employees on the job shall wear, in plain sight, numbered badges when requested to do
so by the Employer; such badges shall be famished without charge by the Employer.
Section 11.
In buildings thirteen stories in height or over, in the event there is elevator service
available, an elevator shall be provided to carry employees to and from their work during regular
hours of employment. Consideration shall be given to employees working on higher stories if
elevator service is not maintained, and a reasonable time shall be allowed to and from work.
| ARTICLE X Section 1 |
SHOP STEWARDS AND FOREMEN |
| (a) | Where employees are employed on a job, the Union with jurisdiction over 80% of |
the work shall designate one working Handler as a Shop Steward for each shift who shall be the
second person on the job (after the Foreman), and the Union with jurisdiction over 20% of the
work shall designate one working Handler as a Shop Steward for each shift, but shall not have
the right to send a Shop Steward from its hiring hall. Both Unions shall notify the Employer in
writing of the identity of the designated Shop Steward prior to that person’s assumption of the
duties as Shop Steward. He is to work as a Handler and shall not use his position as Shop
Steward to avoid performance of his duties as a working Handler. Such designated Shop
Stewards shall not exercise any supervisory functions. There will be no non-working Shop
4852-8403-7634.1
– 19-
Stewards. There shall be no more than one Shop Steward per Union for each shift, and this Shop
Steward shall be designated by the Union with jurisdiction over 80% of the work on the job as
determined by Section 2 of Article IV.
(b) Both Shop Stewards shall perform their duties as shop stewards at the beginning
and end of each shift, except in the event of an emergency that places an employee’s health or
safety at risk. At both the beginning and the end of each shift, each Shop Steward shall be
provided no fewer than ten (10) minutes to perform his non-emergency duties, and if more than
ten employees are on the shift, shall be provided up to (5) minutes per each five Handlers on the
shift, provided further that as soon as each Shop Steward has completed his duties, he shall
immediately begin to perform his duties as a Handler. In addition to his work as an employee,
the Shop Steward shall have the right to receive, but not promote, complaints or grievances and
to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor.
Each Shop Steward shall be concerned with the employees of the Shop Steward’s shift and
Employer covered by this Agreement and, if applicable, subcontractors, and not with the
employees of any other shift or employer or with any employees not covered by this Agreement.
The Employer will not discriminate against the Shop Steward in the proper performance of his
union duties, subject to the provisions of this Agreement.
(c) When an Employer has multiple, non-contiguous work locations on the site, the
Employer may elect to have the Union appoint additional working Shop Stewards to provide
independent coverage of one or more such locations, or allow the existing Shop Steward
reasonable time away from his work duties to service such other locations with approval from his
supervisor, which approval will not be unreasonably withheld.
| (d) | Shop Stewards shall not have the right to determine when overtime shall be |
| worked or who shall work overtime. | |
| (e) | The Employer shall not recognize any Union representative or Shop Steward of |
| whom it has not been informed in writing. | |
| (f) | Shop Stewards shall be governed by the same rules regulating work and access to |
| job sites as other employees. | |
| (g) | Shop Stewards may not stop working or leave their work areas to investigate |
grievances without authorization from their supervisor. The investigation and presentation of
grievances shall be transacted in as short a time as possible and shall not interfere with the
operations of the Employer.
(h) If a Shop Steward is discharged or rejected, the Shop Steward shall at once be
replaced by the Union. The termination of said Shop Steward may be grieved in accordance
with the provisions of Article XII, and if the Shop Steward is found to have been improperly
terminated, the Shop Steward shall be paid for all lost time at the rate of 40 hours per week and
shall be reinstated. The Shop Steward shall be the second to the last employee to be laid off
Section 2
The selection of Foremen and the number of Foremen required shall be the responsibility
of the Employer. Foremen shall be designated as working foremen at the discretion of the
Employer. Foremen shall take their direction from the Employer’s supervisor, and employees
shall take their direction from the Foremen or any authorized supervisor. There shall be no
restriction on the right of a supervisor to perform work covered by this agreement where such
4852-8403-7634.1 -20-
work is (i) of an incidental nature, (ii) necessary to the safety of the work or the employees, (iii)
performed in connection with the instruction or training of unit employees, or (iv) required due
to an emergency or circumstances beyond employer’s control.
Section 3
Shop Stewards and Foremen shall not be designated, selected or required for any
employee performing safety watch duty.
Section 4
The Business Agent, Business Manager or other designated representative of the Union
shall have the right to visit or go upon the Employer’s jobs during working hours for the sole
purpose of administering this Agreement, provided that the Union representative: (i) shall have
all required licenses or certificates to enter upon the job site; (ii) shall report to and advise the
Employer’s supervisor of his visit upon his arrival at the job site; and (iii) shall not unreasonably
interfere with the Employer’s operations. The Employer shall not unreasonably interfere with
such Union representatives in the proper performance of their duties.
ARTICLE XI STRIKES AND LOCKOUTS
Section 1
(a) There shall be no strikes, walkouts, picketing, work stoppages, slowdowns,
boycotts or other disruptive activity of a similar nature at a job site of, or otherwise directed at,
any Employer during the term of this Agreement, and there shall be no lockouts by any
Employer, except:
| (i) | Where the Employer, at any job site, contracts or subcontracts work |
| covered by this Agreement to any other person, firm, partnership, corporation or joint venture that is not bound or does not become bound by an Agreement with the Union; |
|
| (ii) | If, within two (2) business days of its issuance, an Employer fails to |
comply with an arbitration award or court order finding, or a National Labor Relations Board
complaint alleging, that the Employer is in arrears on monies payable to employees or any of the
Fringe Benefit Funds as required by Article VHI of this Agreement, the Unions shall be
permitted to withdraw their members from any work for and/or picket such Employer until the
Employer complies with the award or order;
(iii) If, within ten (10) business of an Employer’s receipt of a certified audit
determining that the Employer is substantially delinquent in its payment of wages to its
employees, dues obligations to the Union, or fringe benefit contributions to the Fringe Benefit
Funds as required by Article Vin of this Agreement, the Union shall be permitted to withdraw
their members from any work for and/or picket such Employer until the Employer (A) pays the
deficiency or (B) provides an opinion letter from its own certified public accountant that another
amount or no amount is due and posts a bond in the amount of either twice the amount
determined by the Employer’s accountant or in the amount of the certified audit, whichever is
less. “Substantially delinquent” is defined as any deficiency in the payment of wages, dues
obligations or fringe benefits contributions in excess of 10% of the wages, dues obligations
and/or fringe benefit contributions paid during the period that is the subject of the delinquency;
4852-8403-7634.1 -21-
| (iv) | If the Employer has failed to permit review of its books and records for |
| purposes of conducting an audit as required under the Agreement, or has failed to post or maintain a bond in the amount and in the manner provided under the Agreement; |
|
| (v) | If an Employer has not paid its employees on their normal pay day the |
| wages required by this Agreement for work they performed under this Agreement; | |
| (vi) | If the Employer has not made any payments to the Trust Funds described |
in Article VIII of the Agreement for a period of ninety days or more, or has accumulated a
delinquency in Trust Fund contributions, dues payments, and/or MTDC PAC payments which in
total exceed $100,000, the Union shall thereafter be permitted to cause the withdrawal of
Handlers employed by such Employer and/or picket such Employer until the Employer: A) pays
the deficiency; or B) provides an opinion letter from its own certified public accountant that
another amount or no amount is due and posts a bond in the amount of either twice the amount
determined by the Employer’s accountant or in the amount of the certified audit, whichever is
less; provided, however, that no Handlers shall be withdrawn from the employ of any Employer
or picketing commenced against the Employer pursuant to this subsection unless the District
Council or the Funds provide written notification to the Employer that its Handlers will be
withdrawn and state the reason for the withdrawal no less than 24 hours before any action is
taken; or
(b) (i) It shall not be a violation of this Agreement for an employee to refuse to
cross or work behind a lawful primary picket line established by another union, but it shall be a
violation of this Agreement for an employee to refuse to cross or work behind any jurisdictional
or recognitional picket line by another union concerning work covered by this Agreement or any
picket line in violation of this Agreement.
(ii) It shall not be a violation of this Agreement for the union to establish a
lawful primary recognitional picket line concerning work within the charter of the Union but not
covered by Article IV, Section 1 of this Agreement, but employees covered by this Agreement
may not refuse to cross or work behind any such recognitional picket line, and the Union shall
direct all employees covered by this Agreement to cross and work behind any such picket line.
| (c) | The Union shall not be responsible for any unauthorized strike or its results as |
| long as the Union complies with its obligations set forth in this Article. | |
| (d) | The parties to this Agreement agree that no damages of any kind or nature shall |
be awarded or allowed against the Unions and their affiliated locals, or any officer or member
thereof by reason of the withdrawal of men from a job pursuant to subparagraphs a (i), (ii), (iii),
(iv), (v) or (vi) of this Section 1.
Section 2
The Unions shall take the following steps to obtain compliance with this Article. In the
event of a strike, walkout, picketing, work stoppage, slowdown, boycott or other disruptive
activity of a similar nature at a job site of, or otherwise directed at any Employer during the term
of this Agreement, not authorized by subparagraphs a (i), (ii), (iii), (iv), (v) or (vi) of Section 1 of
this Article, the Unions will immediately (1) order each employee to return to work or otherwise
cease violating this Agreement and (2) post notices and otherwise advise the employees that the
strike or stoppage is unauthorized and in violation of the Agreement.
4852-8403-7634.1 -22-
Section 3
The Employers shall have the right to discharge or discipline any employee who violates
the provisions of this Article. Such discharge or discipline shall be subject to the grievance¬
arbitration procedure but limited only to the question of fact as to whether or not such employee
did engage in an activity in violation of this Article. If the fact of the employee’s violation is
established, the penalty imposed by the Employer shall be confirmed and shall not be subject to
review or modification by the arbitrator.
Section 4
In the event of a violation of Section 1 of this Article, the Employer may bring a federal
or state court action against the Union(s) for damages and/or injunctive relief.
| ARTICLE XII Section 1 |
DISPUTES AND GRIEVANCES |
| (a) | This Agreement is intended to provide close cooperation between management |
| and labor, and to facilitate the completion of work pursuant to this Agreement economically, efficiently, continuously and without interruption, delays or work stoppages. |
|
| (b) | The Employers, the Unions, and employees, collectively and individually, realize |
the importance to all parties to maintain continuous and uninterrupted performance of the work
pursuant to this Agreement, and agree to resolve disputes in accordance with the arbitration
provisions set forth in this Article.
Section 2
Any question, complaint, dispute or grievance arising out of and during the term of this
Agreement involving its interpretation and application [other than trade jurisdictional disputes or
alleged violations of Article XI, Section 1 (Strikes and Lockouts)], but not including disputes
arising under Article VUI, shall be considered a grievance and subject to resolution under the
following procedures. The Steps listed below shall be followed in sequential order:
STEP 1. The Employer or his representative shall meet with the representative of the
Union and attempt to adjust the grievance between them on a job-level basis as promptly as
possible, but in no event later than ten (10) working days after the grievance arose or the grieving
party knew or should have known of the grievance. If the parties at this step cannot resolve the
grievance within said ten (10) day period, either party has a maximum of 72 hours to appeal the
grievance to Step 2 by giving written notice thereof to the other party.
STEP 2. Representatives of the Union and the Employer shall meet within seven (7)
working days of the referral of the dispute to this Step 2 to arrive at a satisfactory settlement. If
the parties fail to reach an agreement, either party has a maximum of 72 hours to provide written
notification to the other party involved, the Unions, the Association and the Joint Arbitration
Board that it invokes Step 3.
STEP 3. Upon receipt of the requisite written notification invoking Step 3, the Joint
Arbitration Board (as defined in Section 3 below) shall promptly investigate the grievance.
Decisions determining such grievances shall be arrived at within seven (7) days after the Joint
Arbitration Board received written notice invoking Step 3, unless such time is extended in
writing by the Joint Arbitration Board upon consent of both parties to the grievance. Decisions
4852-8403-7634.1 -23 –
rendered by a majority of the Joint Arbitration Board shall be binding on the parties to the
grievance, except that any individual Employer who is a party to the grievance may invoke Step
4.
STEP 4. If a timely raised grievance is not settled through the foregoing procedure, then
either party may within twenty (20) calendar days, give the other party notice of its desire to
submit the grievance to Arbitration. Richard Adelman and Roger Maher shall alternate as the
arbitrator in successive disputes, with Adelman serving first. The Arbitrator will follow and be
bound by the Voluntary Labor Rules of the American Arbitration Association. Any arbitration
notice under this Section shall be given by certified mail, return receipt requested, and shall
identify the issues sought to be arbitrated and the specific Article(s) and Section(s) of the
Agreement that were allegedly violated. A grievance must be submitted to arbitration in
accordance with this Article, if at all, within twenty (20) calendar days after the decision in Step
3 of the grievance procedure. Any grievance not submitted to arbitration within such twenty (20)
calendar day period shall be considered waived and, thereafter, no arbitrator shall have the power
to rule or make any award on any such grievance.
The Arbitrator shall fix a time and a place in New York, New York, for a hearing upon
reasonable notice to each party. After such hearing, the Arbitrator shall promptly render a
decision which shall be final and binding upon both parties, but the Arbitrator shall have no
power to render a decision that adds to, subtracts from or modifies this Agreement. The
Arbitrator’s decision shall be confined to the meaning of the contract provision which gave rise
to the dispute. The Arbitrator cannot order pay for time not worked, except in cases of
unwarranted suspensions or discharge, or as otherwise specifically provided in this Agreement.
The parties to the Arbitration shall bear equally the expenses of the Arbitrator and the
rental of the place of arbitration, if applicable. All other expenses attendant to arbitration will be
borne by the party incurring them, including the expenses of any witnesses called by such party.
If any employee is called by an Employer to appear at any arbitration proceeding under this
Agreement, he shall be reimbursed by the Employer for any time lost at his regular straight time
rate of pay.
No party shall be required to arbitrate more than one issue at a single hearing.
Only the Union and the Employer may initiate, have access to, or be parties to arbitration
under this Agreement.
Section 3
The Joint Arbitration Board described above shall consist of not less than four, and not
more than ten, members, and of an equal number of representatives of the Association and the
Union. Written notification to the Joint Arbitration Board, invoking Step 3 of this grievance
procedure or otherwise, shall be made simultaneously to the applicable Union and the
Association.
Section 4
Failure of the grieving party to adhere to the time limits established herein shall render
the grievance null and void, and no arbitrator shall have the power to rule or make any award on
any such grievance not filed within the time limits as specified in this Article, provided that this
Section 4 shall not apply to grievances arising under subparagraph b of Section 1 of Article II.
4852-8403-7634.1 -24-
Section 5.
An arbitrator may order an Employer to pay employees on the Union’s Out-of-Work List
wages and benefits which they lost as result of the Employer’s violation of the Agreement, where
the arbitrator finds that the Employer in question failed to notify the Union of the particular job
which is the subject of the grievance with the intent to evade the provisions of the Agreement.
Section 6.
In the event the Union files a grievance regarding the discharge of a shop steward or the
failure to employ a shop steward on a job site, such matter shall proceed immediately to
arbitration to be held on an expedited basis before one of the designated contract arbitrators.
The arbitration shall be heard no more than ten (10) days after the grievance is filed, and an
award shall issue no fewer than three days after the hearing is commenced.
| ARTICLE XHI Section 1. |
NON-DISCRIMINATION |
The Employer and Union agree that they will not discriminate against any employee or
applicant for employment because of race, creed, color, national origin, sex, age, religion,
physical or mental disability, veteran status, marital status, genetic predisposition or carrier
states, alienage or citizenship status, religion, sex, national origin, age, marital status, physical or
mental disability, veteran status, genetic predisposition or carrier status, alienage or citizenship
status, or sexual orientation in any manner prohibited by law or regulation. Any complaints
regarding the application of this provision shall be brought to the immediate attention of the
Employer for consideration and resolution.
Section 2
The Employer and the Union agree to cooperate in the equal non-discriminatory
application of this Agreement and to cooperate in dealing with such discrimination, should it
occur. The Employer and the Union agree that they will not tolerate sexual, racial or other
discriminatory harassment in the workplace and agree to cooperate to maintain a workplace free
from such harassment. Employees may bring complaints of a violation of this Article to either
the Employer or the Union without retaliation.
Section 3
Masculine pronouns, i.e., he, his or him, are used throughout this document for
convenience only. Where appropriate under the circumstances, they should be read as referring
to either gender
| ARTICLE XIV Section 1 |
MISCELLANEOUS |
| (a) | It is agreed by and between the parties hereto that if any Federal or State court |
shall at any time decide that any clause or clauses of this Agreement is or are void or illegal, such
decision shall not invalidate the other portions of this Agreement, but such clause shall be
stricken out and the remaining portions of this Agreement (including Article XI) shall be
considered binding between the parties hereto.
4852-8403-7634.1 -25-
(b) Any provisions of the Agreement hereinabove mentioned which provide for
Union security or employment in a manner and to an extent prohibited by any law or the
determination of any Governmental Board or Agency, shall be and hereby are of no force or
effect during the term of any such prohibition. It is understood and agreed, however, that if any
of the provisions of the Agreement which are hereby declared to be of no force or effect because
of restrictions imposed by laws is or are determined either by Act of Congress or other legislative
enactment or by a decision of the Court of the highest recourse to be legal or permissible, then
any such provision of said Agreement shall immediately become and remain effective during the
remainder of the term of this Agreement.
Section 2
It is the intent of the parties that the provisions of this Agreement will supersede all prior
agreements and understandings, oral or written, expressed or implied, between such parties and
shall govern their entire relationship and shall be the sole source of any and all rights or claims
which may be asserted in arbitration hereunder or otherwise.
Section 3
The Employers and the Unions agree that their efforts will be employed in the public
interest to increase production and reduce costs by maintaining maximum man rate output, and
by using all machinery, tools, appliances, methods or technologies which may be practicable.
Section 4
The Employers and the Unions obligate themselves to live up to all the provisions of this
Trade Agreement in good faith.
Section 5
This Agreement concludes all collective bargaining between the parties hereto for the
work set forth in Article IV, Section 1 of this Agreement, during the term hereof and constitutes
the sole, entire and existing agreement between the parties hereto, and supersedes all prior
Agreements and undertakings, oral or written, express or implied, or practices, between the
Employer and the Union or its employees, and expresses all obligations and restrictions imposed
on each of the respective parties during its term.
Section 6
The failure of either party to this Agreement to require strict performance of any of its
rights under, or of any of the terms or conditions contained in, this Agreement shall not be
deemed a waiver, modification or abandonment of any of the rights or remedies provided herein,
nor shall it be deemed a waiver, modification or abandonment of its rights to insist upon strict
performance of all the terms and conditions of this Agreement thereafter.
Section 7
The Association agrees that within forty-eight (48) hours after the execution of this
Agreement, it will submit to the Union a schedule setting forth in full each member of the
Association, giving each member’s name and address and all owners and officers. When the
member of the Association is doing business under a trade name, the name of the principal shall
also be given. The Association further agrees that it will immediately notify the Union in writing
of any change in its membership, setting forth the names and addresses of any new members of
4852-8403-7634.1 -26-
the Association, and setting forth the names and addresses of those members which may have
dropped out or been suspended from the Association.
Section 8
Employers and their principals hereby agree that in the event of their withdrawal,
resignation, suspension or termination from membership in the Association, they shall, during
the remaining term of this Agreement, be bound by the terms of the 2007-2012 Independent
Asbestos and Hazardous Waste Removal Agreement to which the Mason Tenders is a party,
including the provisions regarding personal liability. Copies of the Independent Agreement have
been provided to the Association and shall be furnished by the Unions to any Employer signatory
to this Agreement upon request.
Section 9
(a) The Union and Association shall establish a Labor-Management Committee
consisting of two representatives designated by the Union and two representatives designated by
the Association. Such Committee shall meet periodically. The purpose of the LaborManagement Committee will be to address and resolve common problems arising during the life
of the Agreement regarding work covered by the Agreement. The Labor-Management
Committee will not be authorized or empowered to effectuate any action except by unanimous
vote of all designated representatives, and unresolved matters shall not be subject to the
grievance-arbitration provisions of this Agreement.
(b) Union Audits. The Mason Tenders may request that the Labor-Management
Committee authorize the Mason Tenders to audit all relevant books and records of any Employer
that the Mason Tenders believe is failing to comply with the Agreement; the Labor-Management
Committee will authorize such an audit when the Mason Tenders present persuasive evidence
that the Employer it seeks to audit is not complying with the Agreement.
Section 10
(a) There shall be a Joint Apprenticeship Training Committee (“JATC”) charged with
direction of the Apprentices. The JATC shall consist of three (3) representatives of Employers in
the industry and three (3) representatives of the Union, and it shall administer and supervise the
apprenticeship provision of this Agreement, and be responsible for all apprentices and all
conditions affecting apprentices.
| (b) | The wages of Apprentices shall be determined by the Union at rates not exceed | |
| the following percentages of the then-effective Local 78 Tier A Journeyman scale: | ||
| (i) (ii) (iii) (iv) |
First 1000 hours of training: Second 1000 hours of training: Third 1000 hours of training: Fourth 1000 hours of training: |
78% 80% 83% 89% |
| (c) | The Employer shall contribute to the Benefit Funds for Apprentices at rates |
determined by the Union, not to exceed the then-effective Journeyman scale.
4852-8403-7634.1 -27-
(d) Except as specifically provided for in this Agreement, Apprentices will be subject
to the provisions of the Agreement between the Union and the Employer.
(e) The Employer agrees to and shall be bound by all terms and conditions of the
JATC documents creating the JATC and by any rules or by-laws adopted by the JATC, as they
may be amended from time to time. To the extent that any JATC document contradicts the terms
of this Agreement, the terms of the JATC document shall be fully incorporated herein and the
JATC document shall control.
(f) The Employer agrees to supply all Apprentices with all safety equipment
including full and half-face respirators, filters for respirators, disposable clothing and any other
tools which may be required to perform his or her duties.
(g) Notwithstanding anything to the contrary set forth in the Agreement, each
Employer shall maintain Mason Tender Apprentices as at a minimum five percent (5%) of its
total Mason Tenders’ workforce. However, in no event shall the ratio of apprentices to
jorneyworkers on a job exceed that allowed by the State Department of Labor.
Section 11
If any other labor organization claims jurisdiction over any work required by this
Agreement to be performed by the Unions, the parties agree to follow and be bound by the New
York Plan for the Settlement of Jurisdictional Disputes. Pending the resolution of the dispute, the
Employer shall assign Handlers represented by the Unions to perform the work in question.
ARTICLE XV PERIOD OF AGREEMENT
Section 1
This Agreement shall become effective and binding upon the parties hereto on the 1st day
of January 1, 2016, and remain in effect through July 31, 2017, and shall renew from year to year
thereafter unless any party hereto shall give written notice to the others of its desire to modify,
amend, or terminate this Agreement on its expiration date. Such notice must be given in writing
by certified mail, postage prepaid, sixty days, but not more than ninety days, before the
expiration date of this Agreement.
Section 2
The Unions shall have the right to terminate this Agreement should the Association
merge, join, consolidate or combine with any other employer group, organization or association.
Section 3.
This Agreement shall be binding on the parties, regardless of any change of name by the
Mason Tenders’ District Council of Greater New York or changes in the composition of its
constituent local unions. This Agreement shall be enforceable by the Association, the Mason
Tenders’ District Council of Greater New York, its successor, the Fringe Benefit Funds, and any
constituent local so authorized by the Mason Tenders’ District Council of Greater New York or
its successor.
4852-8403-7634.1 -28-
Signed by both parties hereto as of 2016, at New York, New York, with an effective date of
January 1, 2016.
THE MASON TENDERS’
DISTRICT COUNCIL OF
GREATER NEW YORK
BY:
Robert Bo^aKza,
Business Manager
LOCAL 12A ABATEMENT OF THE
INTERNATIONAL ASSOCIATION OF
HEAT AND FROST INSULATORS
AND ASBESTOSJ4ORKERS
BY:
J- M
(Pynt Name and Title)
THE ENVIRONMENTAL
CONTRACTORS
ASSOCIATION, INC.
| BY: | yW id G Qo ?r<s |
.
(Print Name and Title)
4852-8403-7634.1 -29-
SCHEDULE A
To the 2016– 2017 Trade Agreement
Between the Mason Tenders’ District Council of Greater New York and
Local 12A Abatement Of the International Association of Heat and Frost Insulators
and Asbestos Workers, and the Environmental Contractors Association, Inc.
| 1. | Wages (a) |
Effective January 1, 2016, wages for Handlers represented by the Mason Tenders |
shall be $36.00/hr; subject to the Union’s right to allocate and/or reallocate set forth in Article
VH of the Agreement, wages shall increase by an additional $.50/hr effective December 1, 2016;.
This increments shall be allocated by the Union to either wages or to MTDC Fringe Benefit
Funds prior to December 1 of each contract year.
(b) Effective January 1, 2016, wages for Handlers represented by the Asbestos
Workers shall be $44.00/hour; in addition to December 1, 2016 Fringe Benefit Fund increases
specified below, and subject to the Union’s right to allocate and/or reallocate set forth in Article
VII of the Agreement, wages shall increase by an additional $.50/hr effective December 1, 2016.
This increment shall be allocated by the Union to either wages or to fringe benefits prior to
December 1 of each contract year.
| 2. | Fringe Benefit Fund Contributions |
| (a) | For the period January 1, 2016, through July 31, 2017, subject to the Unions’ right |
of allocation and reallocation set forth in Article VII of the Agreement, dues check off and
Fringe Benefit Fund contributions to the Mason Tender Fringe Benefit Funds shall be made for
Handlers represented by the Mason Tenders, as follows:
1. Pension Fund: $1.26/hr
2. Welfare Fund: $10.94/hr
3. Annuity Fund: $3.45/hr
4. Training Fund: $0.50/hr
5. GNY LECET Fund: $.20/hr
6. New York State Health and Safety Trust Fund: $0.05/hr
7. New York State Laborers Employers Cooperation and Education Trust Fund:
$0.05/hr
8. Dues Checkoff: $2.68/hr (deducted from wages)
9. MTDC PAC: $.20/hr (deducted from wagesO
(b) Effective January 1, 2016, and subject to the Unions’ right of allocation and reallocation
set forth in Article VII of the Trade Agreement, dues check off and Fringe Benefit contributions
to the Local 12A Fringe Benefit Funds shall be made for Handlers represented by the Asbestos
Workers, as follows:
4852-8403-7634.1 -30-
1. Welfare $3.00/hr
2. Annuity $4.00/hr
3. Education $0.75/hr
4. Industrial Fund $0.25/hr
5. Building Fund $.70/hr
6. Vacation Fund $5.00/hr (deducted from wages)
7. Dues Checkoff $3.00/hr (deducted from wages)
4852-8403-7634.1 -31-
SCHEDULE A.1
Residential Recovery Side Letter
The Unions hereby enter into this side letter agreement with the Employer to modify, to the
extent provided below, the terms and conditions of employment of Handlers performing
Residential Market Recovery (“RMR”) work (as defined below) from those otherwise specified
in the agreement them (the “Agreement”).
The modifications provided below shall apply only to RMR work. For all work within the
scope of Article IV of the Agreement which does not fall within the definition of RMR work
provided herein, the unmodified terms of the Agreement shall apply. The terms of employment
set forth herein with respect to RMR work shall apply exclusively to such work and in such
circumstances shall supersede the otherwise applicable provisions of the Agreement to the
extent they conflict. All other terms of the Agreement shall be unaffected by this side-letter, as
applied to RMR or any other type of Covered Work.
I. Definitions.
a. “Covered Work” shall be defined as any and all work within the scope of under
Article IV of the Agreement, including, but not limited, RMR work.
b. A “Tier A Handler” shall be defined as any joumeyworker Handler performing
Covered Work who is not a Tier B Handler.
c. An “RMR job” shall be defined as one:
i. commencing on or after February 1, 2013,
ii. where the end-use of at least 70% of the square footage of the property
under abatement will be for residential and/or hospitality purposes, and
iii. where the property is owned and/or managed by an entity that
cumulatively owns and/or manages fewer than 100,000 units of New York
residential and/or hospitality space.
Provided, however, that a project shall not be considered an RMR job if the Association
and Unions mutually agree it is part of the high-end residential or hospitality market¬
sector to which the application of the market recovery terms of this Side Letter are not
warranted.
(work on such a job is referred to below as “RMR work”).
d. “Tier B Handlers” shall be defined as all Handlers who:
i. were Tier B Handlers as of November 30, 2015 with fewer than 1,000
hours performed of Covered Work. (Tier B Handler who had performed 1,000 or
more hours of Covered Work as of that date, shall be re-classified as Tier A Handlers
effective January 1, 2016); or
4852-8403-7634.1 -32-
ii. obtain Joumeyworkers status on or after December 1, 2015, other than
by graduating from the apprentice program or as otherwise authorized by the JATC (e.g.
as a result of an organizing drive);
Provided, however, that any Tier B Handler who on or after December 1,
2015 accumulates 5,000 hours of Covered Work shall be elevated to Tier A
Handler status (unless they otherwise fail to meet the applicable JATC standards).
“Commercial Work” shall be defined as Covered Work other than on an RMR job
or an education, health, or other not-for profit facility
II. Residential Market Recovery Terms.
a. Staffing.
i. Effective February 1, 2013, only Tier B Handlers may be compensated for
RMR work at the market recovery rates permitted under this side letter.
ii. When Tier A Handlers perform work on RMR jobs, they may be paid at
the rates set forth in paragraph II.c. below. Apprentices may be employed
on RMR jobs to the same extent as on other Covered Work.”
iii. Tier B Handlers may perform Commercial Work, provided that they at no
time constitute in excess of twenty percent (20%) of the handlers
employed on any such job. Any Tier B Handler performing work on a job
other than an RMR job or Commercial Work shall be compensated at the
rate applicable to Tier A Handlers under the terms of the Agreement
unmodified by this Residential Side Letter.
iv. Any Employer employing a Tier B Handler to perform Covered Work
other than as permitted in subparagraphs (i) and (ii) of this subsection, or
employing Handlers other than Tier B Handlers (or RMR foreman as
permitted above) to perform RMR Work, shall be liable to workers
registered on the Unions Out of Work Lists for eight hours of wages and
fringe benefit contributions at the Tier A Handler rates for each day of
work a handler is so employed outside his/her permitted area of work. For
example, on a three day job in which two workers are impermissibly
employed, 48 hours of wages and benefit contributions at the Tier A
Handler rates shall be due and owing to workers registered on the Out of
Work List.
If any Employer is found on three or more occasions within a calendar year
to have exceeded the twenty percent Tier B Handler staffing limit applicable
to Commercial Work, the Employer will thereafter be obligated to perform
all Covered Work under the terms of the Agreement in form unmodified by
the Residential Side Letter.
b. Notification.
If an Employer fails to provide the Unions timely notice of an RMR job as required
under Article III, Section 2(a) of the Agreement and further plainly state on such
4852-8403-7634.1 -33-
notice that it is for an RMR job, the job at issue shall be covered in full by the
Agreement unmodified by the terms of this side letter, even if it is an RMR job.
Further, upon request of a Union, the Employer shall promptly provide
documentation supporting its conclusion that a job, so claimed, is an RMR job.
c. Wages.
Subject to the Union’s right to allocate and/or re-allocate as set forth in Article VII of
the Agreement, effective January 1, 2016, the wages and Fringe Benefit Fund
contributions of Tier B Handlers shall be $35.50/hr ($30 in wages, plus $5.50 in
welfare contributions), and the wages and Fringe Benefit Fund contributions of Tier
A Handlers performing work on RMR jobs shall be $42.18/hr (see attached wage and
benefit schedules). Effective December 1, 2016, the total wage and benefit package
for all workers employed under this Residential Side Letter shall be increased by $.50
per hour (except for apprentices whose increases shall be in an amount to be
determined by the Union, not exceed $.50 per hour)