2023-2026 Total Demolition Side Letter
The Mason Tenders District Council of Greater New York on behalf of itself and
its constituent Local Number 79, hereby enters into this side letter agreement with the
undersigned Employer and its undersigned officer to modify, to the extent provided
below, the terms and conditions of employment of employees performing work defined
in paragraph 1 below (“Total Demolition Work”) from those specified in the 2023-2026
Master Independent Agreement (the “Independent Agreement”) to which the Employer
and its principals and/or members are bound (and to which this side letter shall serve as
an attachment). The modifications provided below shall apply only to Total Demolition
Work.
1. Total Demolition Work shall include the work listed in subsection 1 A below
when performed on a job (referred to hereinafter as a “Total Demolition Job”) involving
the removal of a roof in which structural change is to occur. Structural change is defined
as removal of structural slabs, steel members, concrete members, or penetration through
the structural slab. A Total Demolition Job shall include complete demolition (wrecking)
or dismantling of entire buildings or structures, and partial demolition of such structures,
provided that the roof is removed as part of any partial demolition or dismantling.
A. The covered work includes:
a all manual work involving the tearing down, breaking
away, disposal of and/or removal from, the job site of any and all building materials,
whether debris or salvaged materials, used in the construction of all buildings or
structures (concrete, terra cotta, brick, mortar, plaster, structural and ornamental lumber,
roofing materials of any type, natural manufactured stone, ornamental iron, lath,
reinforced rods, floors and flooring materials), and structural components (wood, steel or
beams of any material);
b. the complete removal of one or more stories from a
building or structure when said building or structure is to be shortened in height.
c. the breaking away, cleaning and removal of all masonry
and wood or metal fixture for salvage or scrap; all hooking signaling when materials for
salvage or scrap are removed by crane or derrick; all loading and unloading of materials
carried away from the site of wrecking; all cleaning, storing, stockpiling or handling of
materials; all tearing down of work, removal of all debris, clean-up, burning, back-filling,
and landscaping of the site of the wrecked structure, use of torch, air and gas;
d. the use of any and all tools and/or equipment necessary to
perform this work, including without limitation, shovels, picks, bars, hammers, sledge
hammers, chisels, electrically and pneumatically operated hand tools (jack hammers, all
saws and cutting tools, including reciprocating and skill saws, chipping guns, drills,
spaders, etc.);
e. the use of all manually operated equipment used to raise,
lower, or hoist any and all equipment, tools or materials used to perform this work or to
remove any and all debris or salvaged materials; all cutting of any metal material, salvage
or debris on the site, whether by manual, mechanical, or the use of acetylene and oxygen
burning equipment;
f. any and all hazard protection work used to protect
employees, equipment, tools and materials and other employees on the job site, and/or the
public from any damage or injury, or threat thereof, resulting from the performance of
any of the work herein;
g. all work involving the providing of temporary heat of any kind
for any purpose for the continuance of work on the job;
h. the erection and maintenance of all foul weather protection
to permit the continuance of work for employees on the job site, including the removal of
ice and snow, when necessary on the job;
i. the cleaning and maintaining of all sidewalks, bridges, and
public access areas on the job;
j. all work involving the erection, maintaining, and dismantling of
all scaffolding used by employees including the unloading and removal of all scaffolding
material on and off the job;
k. elevated bridges, highways, train platforms, structures,
water towers and gas tanks;
1. all other work on a Total Demolition Job traditionally
performed by employees represented by former LIUNA Local 95.
B. For all work within the scope of Article IV of the Independent
Agreement which does not fall within the definition of Total Demolition Work provided
herein, the unmodified terms of the Independent Agreement shall apply. The scope of
Total Demolition Work shall be construed narrowly, with ambiguities resolved in favor
of exclusion of disputed work from the definition of Total Demolition Work, and
inclusion within the meaning of traditional Mason Tender work to which the unmodified
Independent Agreement applies.
2. The following terms of employment shall apply exclusively to employees
performing Total Demolition Work (“Demolition Workers”) and in such circumstances
shall supercede the referenced provisions of the Independent Agreement, to the extent
they conflict (all other terms of the Independent Agreement shall be unaffected by this
side-letter, as applied to Total Demolition Work or any other type of Mason Tender
work):
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A. the Employer may employ Tier A and Tier B Demolition Workers at
the base rates set forth in Schedule A hereto, to the extent permitted herein. Wage
increases for Tier A and Tier B Demolition Workers shall occur at the same time and in
the same amounts as agreed to by and between the Union and the New York City
Demolition Contractors Association and shall be subject to allocation and/or re-allocation
between fringe benefit contributions and wages, in the sole discretion of the Union, as set
forth in the Independent Agreement (the rates for Apprentices shall be those set forth
pursuant to the Independent Agreement). On all job sites where the Employer performs
Total Demolition Work, the ratio between employees classified as Tier A Demolition
Workers, employees classified as Tier B Demolition Workers, and apprentices shall be
maintained as set forth in Schedule B hereto
B. The Union, MTDC Fringe Benefit Funds and their representatives shall
be authorized to conduct quarterly audits of the Employer to determine whether the
Employer has engaged in a substantial violation of the Tier A/Tier B ratio for Total
Demolition Work. For purposes of this Section, the Employer shall have engaged in a
substantial violation if more than 65% of the total hours worked by all Tier A and Tier B
Demolition Workers in any quarter were worked by Tier B Demolition Workers. In the
event that an Employer engages in a substantial violation of the ratio of Tier B and Tier A
Demolition Workers during any quarter, the Employer shall be required to contribute to
the Welfare, Pension, Annuity, Vacation Account, GNY LECET Fund, NYS LECET
Fund, NYS Health and Safety Fund, and MTDC Training Fund (the “Fringe Benefit
Funds”) the total differential in benefit contributions that the Employer would have paid
had sixty percent (60%) of the Demolition Workers on the job been classified as Tier B
Demolition Workers; in addition, the Employer shall be required to pay to Demolition
Workers on the Tier A out-of-work list wages for the number of hours sufficient to return
to a 3/2 ratio. The Employer may avoid the obligation to make such remedial payments,
however, if it is able to provide documentary proof that notwithstanding the
demonstration of a substantial violation, the Employer complied at all Total Demolition
job sites with the sequencing between Tier A Workers, Tier B Workers, and apprentices
required pursuant to Schedule B.
C. The preceding paragraph 2A, notwithstanding any and all work
requiring a Municipal, State or Federal license shall be performed by a Tier A Demolition
Worker. Overrides for Foremen and Assistant Foremen shall be paid as provided in the
Independent Agreement. The preceding paragraph 2A shall further not impair or modify
the Employer’s obligation under Article XI, Section 2 of the Independent Agreement.
D. The 50/50 ratio of Company selected vs. Union-referred workers
on any job site shall be modified from the method of selection set forth in Article III,
Section 2 b of the Independent Agreement to the extent, and as shown in Schedule B
hereto.
E. The minimum amount of the bond the Employer is obligated to
post under Article IV, Section 14 (a) shall be Fifty Thousand Dollars ($50,000.00).
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3. When providing the Union notice of the commencement of a job as
otherwise required under the Independent Agreement, the Employer also shall inform the
Union if it intends to apply any of the above provisions regarding Total Demolition Work
at the site. If such notice is not provided, the modified terms set forth herein regarding
Total Demolition Work shall be inapplicable and the unmodified Independent Agreement
shall apply to all work conducted at the site. The right to apply this side letter as opposed
to the otherwise applicable terms of the Independent Agreement shall apply only if the
Union consents to the application of the terms of this side letter after verification that the
work to be performed is Total Demolition Work as defined herein.
4. Any enforcement rights the Union and/or Fringe Benefit Funds are
provided in the Independent Agreement with respect to the payment of benefits, wages,
dues check-off, MTDC PAC remittances, or posting of bonds shall apply in full to the
terms set forth above and shall not be construed to be impaired by any provision of this
side letter agreement.
5. This side letter shall be deemed an amendment to the Independent
Agreement to which the Employer and its principal and/or members are bound and shall
run concurrently therewith. The preceding notwithstanding, either party shall have the
right to terminate this side-letter during the term of the Independent Agreement on sixty
calendar days notice to the other by certified mail return receipt requested. Such
termination of the side-letter shall not affect the term of the Independent Agreement
which shall thereupon apply in form unmodified by this side letter.
IN WITNESS WHEREOF the parties hereto have caused this side letter Agreement to be
signed this day and year by their duly authorized officers and represent to each other that
they were duly authorized to enter into this Agreement The person signing on behalf of
the Employer also agrees to be personally bound by and to assume all obligations of
the Employer provided in this Agreement and he warrants and represents that he has the
authority to bind the Employer and the principals or members thereof.
Agreed to by and between:
For the Mason Tenders District Council of Greater New York and Long Island:
Dated:
David Bolger, Business Manager
For the Employer and its below referenced officer in his personal and
representative capacities
Name of Employer:
Name of Representative:
[Print Name]
Signature in representative capacity:
Signature in personal capacity: Dated:
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Schedule B (Total Demolition)
Worker
Sequence
Method of
Selection
Tier
Classification
1 Company (“C”) Tier A (“A”)
2 Shop Steward A
3 C TierB(“B”)
4 C B
5 C B
6 C B
7 C A
8 C B
9 C B
10 Ap Ap
11 C* A**
12 Union (“U”) A
13 C B
14 U B
15 Ap Ap
16 U A
17 C B
18 U B
19 c A
20 Ap. Ap
21 C* B”
* Beginning with the 11 th position, the method of selection alternates between “U”
and “C”, except that an apprentice is referred every fifth worker (e.g. 20th, 25th etc)
irrespective of the U/C ratio, This pattern is to be followed for jobs in excess of 21
Workers.
* * Beginning with the 1 1 lh position, the Tier Classifications alternate with two
consecutive Tier A Workers, followed by two consecutive Tier B Workers, except
that an apprentice is referred (and compensated as an apprentice) every fifth worker
(e.g. 20th, 25th, etc). This pattern is to be followed for jobs in excess of 21 Workers.