Contractors' Association of Greater New York, Inc.

This Collective Bargaining Agreement (hereinafter “Agreement”) is entered into by and between NEW YORK CITY DEMOLITION CONTRACTORS ASSOCIATION (hereinafter the “Association”) on behalf of itself and its constituent employers (hereinafter “Employer(s)”) and the MASON TENDERS DISTRICT COUNCIL OF GREATER NEW YORK, affiliated with the Laborers’ International Union of North America, (hereinafter “Union”), for itself and its constituent Local Unions Numbers 78 and 79.

ARTICLE I Section 1.–

The Union claims and has shown proof, and the Association and all Employers acknowledge and agree, that a majority of employees for each and every Employer have authorized the Union to represent them in collective bargaining. The Association and all Employers hereby recognize the Union 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 is effective on all jobs in Greater New York City within its established boundaries (i.e. the five Boroughs of New York).

Section 3.–

When the Employer performs any work outside of the established boundaries of Greater New York City, the Employer shall abide by the terms and conditions of the applicable Agreement in that area to which a subordinate Union of the Laborers’ International Union of North America is a party. If no Agreement exists, the Employer shall abide by the applicable terms and conditions established between the Employers and a union affiliate of the Laborers’ International Union of North America in that area.

Section 4.–

The terms and conditions of employment set forth in this Agreement shall apply to employees performing Total Demolition Work as defined in Article IV below (referred to hereinafter as “Total Demolition Work” or “House Wrecking”). To the extent that the Employer conducts work, other than Total Demolition Work, which is covered by the 2023- 2026 Mason Tender’s District Council of Greater New York Independent Collective Bargaining Agreement or any successor thereto (the “Master Independent Agreement” or the “Independent Agreement”) such work shall be performed under the terms and conditions of the Master Independent Agreement (a copy of which the employer hereby acknowledges it has received). By its signature below, the Employer agrees to be bound by and to apply the Master Independent Agreement (to the full extent as if that Agreement

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were set forth in full herein,) for all work defined in Article IV of the Master Independent Agreement, (other than Total Demolition Work to which this Agreement applies), and to recognize the Union as the exclusive collective bargaining agent for all employees performing work covered by the Master Independent Agreement. All employees of the Employer who perform work within the jurisdiction of the Union as defined in Article IV of this Agreement or Article IV of the Master Independent Agreement shall be part of a single bargaining unit represented by the Union (collectively “Mason Tenders”). The preceding shall not be construed to prevent an Employer that is a member of another association consisting of employers principally working in a specific field of construction within the Union’s jurisdiction, from abiding by the terms and conditions of an agreement in effect between the Union and such other association when performing work within such other specific field.

ARTICLE II Section 1.–

The Employer shall not enter into a contract with any other person, firm, partnership, corporation or joint venture employing Mason Tenders to perform bargaining unit work as defined in Article IV of this Agreement or the Master Independent Agreement on the same job site, unless such other person, firm, partnership, corporation or joint venture is bound by an Agreement with the Union.

Section 2.–

If the Employer contracts out or sublets any of the work coming within the jurisdiction of the Union as defined in Article IV of this Agreement or the Master Independent Agreement, the Employer shall assume the obligations of any subcontractor for prompt payment of employees’ wages and other benefits, including reasonable attorneys’ fees incurred in enforcing the provisions hereof.

Section 3.–

The Employer agrees that it will not subcontract any work covered by this Agreement or the Master Independent Agreement, or enter into any other agreement or arrangement, in order to circumvent the payment of wages and fringe benefits and the working conditions provided for in this Agreement. The Employer and the Union hereby agree to the elimination of lumping.

Section 4.–

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shall cover such other operation and such other bargaining unit employees shall be considered an accretion to the bargaining unit.

Section 5.–

If the Employer or any owner or principal forms or acquires by purchase, merger or otherwise a controlling interest, whether by ownership, stock, equitable or managerial, in another company performing bargaining unit work within this jurisdiction, this Agreement, including the provisions regarding the application of the Master Independent Agreement, shall cover such other operation and the Employer and such other company shall be jointly and severally liable for each other’s obligations under this Agreement.

Section 6.–

Once an award is made by the Employer to a subcontractor, then the Employer shall not permit the re-subcontracting by such sub-contractor of the same award to another subcontractor.

Section 7.–

In order to protect and preserve, for the Mason Tenders covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work set forth in Article IV of this Agreement or the Master Independent Agreement, under its own name or under the name of another, as a person, company, corporation, partnership, or any other business entity, including joint venture and sole proprietorship, wherein the Employer exercises either directly or indirectly any significant degree of ownership, management or control, the terms and conditions of this Agreement shall be applicable to all such work: (a) where the two enterprises have substantially identical management, business purpose, operation, equipment, customers, supervision and/or ownership; or (b) where there exists between the Employer and such other business entity, interrelation of operations, common management, centralized control of labor relations and/or common ownership. In determining the existence of the aforementioned criteria, the presence of the requisite control or commonality at any level of management shall be deemed to satisfy those criteria. Should the Employer establish or maintain such other entity within the meaning of this Section, the Employer is further under an affirmative obligation to notify the Union of the existence and nature of the work performed by such other entity and the nature and extent of its relationship to the Employer.

Section 8.–

The Employer shall not have the right to enter into any contract involving subletting except as herein provided.

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Section 9.–

Notice of the subletting of work described in Article IV of this Agreement on any project shall be given to the Union before any persons are employed on such project. Such notice shall give the location of the project and the name and address of the Owner, Contractor and Subcontractor.

ARTICLE III Section 1.–

a) 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 and remain members in good standing of the Union and shall pay uniform initiation and agency fees on or after the eighth day following the date of execution of this Agreement, or after the eighth day following the beginning of covered employment. The Union agrees that all employees will be accepted to membership or its roster of eligible laborers on the same terms and conditions generally applicable to other members or laborers on its roster of eligible laborers 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.

b) The Local Union shall have the right to collect a reasonable fee for inclusion on the roster of eligible laborers 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 roster of eligible laborers. At the earliest date permitted by law, a person who has paid such fee to be included on the roster of eligible laborers 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.

c) The Employer agrees to discharge, upon receiving seven 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 days of the date of the written notice.

Section 2.–

a) The Employer shall notify the Union by facsimile transmission of all jobs for which it is the successful bidder, as soon as the Employer is notified of its successful bid. The Employer shall, at least 48 hours prior to commencement of a job, notify the Union by facsimile transmission of the job, except in cases of emergency rush jobs arising during a weekend, in which event such notice shall be provided by 10:00 a.m. on the Monday

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morning directly following the weekend. The Employer shall notify the Union, by facsimile transmission, at least 48 hours in advance of any subcontractor commencing work on that job site. The Employer shall, on 48 hours’ notice, advise the Union when it needs employees, giving all of the pertinent data to the Union with respect to the type of work so as to afford the Union opportunity to refer applicants for such vacancies, it being understood that the Employer shall hire whomsoever he or it sees fit, and that the Employer shall at all times be the sole judge as to the work to be performed and whether such work performed by the employees is or is not satisfactory. It is further understood that the Employer shall not discharge or reject a Shop Steward appointed by a Local Union without written consent from the Local Union.

b) The first House Wrecker on any job site shall be selected by the Employer. The second House Wrecker on a job site shall be a Shop Steward appointed by the Union.

The fourteenth, seventeenth and every sixth House Wrecker thereafter shall be selected by the Union. If a House Wrecker is referred by the Union pursuant to the regularly applicable rules of the Hiring Hall and if within twelve months of initially being referred, he or she appears on the Out of Work List and is requested by name by the Employer, or is identified by the Employer as working on the site, then the worker shall be treated as ‘referred by the Union’ for the next twelve months. All House Wreckers hired by the Employer shall be listed on the roster of eligible laborers. The rosters of eligible laborers maintained by the Union shall be based upon seniority and other uniform criteria adopted by the Union consistent with the Constitution of the Laborers’ International Union of North America and applicable law.

c) Irrespective of the above subparagraph b) or the below subparagraph e) of this Section, the tenth House Wrecker on the site, and each tenth House Wrecker on the site thereafter (i.e. tenth, twentieth and so on), shall be an apprentice. However the Employer may request that either the third or fifth House Wrecker on any job site shall be an apprentice, with the approval of the Union. When the Employer requests an apprentice as the third or fifth House Wrecker on the job site, the tenth House Wrecker on the job site and each tenth thereafter, shall be an apprentice. Beginning with the Apprentice at the 20th position on the job site, the referral of an apprentice shall delay by one the position on the job which the next Tier A /Tier B-Company/Union referral would otherwise have filled. If apprentices are not available at a particular position for which the Agreement requires their employment, then the spot shall be considered eliminated for purposes of that job.

d) Tier A and Tier B wage rates for the House Wreckers shall be in accordance with Schedule A annexed to this Agreement, except the Union, in its sole and absolute discretion, reserves the right to allocate and/or reallocate any wage rates or fringe benefit contribution rates set forth in Schedule A. Any and all work requiring a Municipal, State or Federal license shall be performed by a Tier A House Wrecker, unless no such worker is available to perform the work.

e) On all job sites where any employer performs work under the terms of this Agreement, the first, second, eighth, eleventh, twelfth, fourteenth and every third House

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Wrecker thereafter shall be Tier A House Wreckers (i.e.1st, 2nd, 8th, 11th, 12th, 14th, 17th etc.); provided that the Employer may employ more Tier A House Wreckers on any job site than required herein. Other non-apprentice House Wreckers shall be Tier B House Wreckers. The preceding shall be without limitation to the Employer’s obligation to employ apprentices and abide by the rules and regulation of the JATC, as set forth herein.

f) At any and all job sites at which Total Demolition is required to be performed under the terms of this Agreement, the Employer shall maintain a completed document, in the agreed-upon form provided in Schedule B hereto, indicating the names of employees working on the site, and the Tier A or Tier B status. This form shall be provided to the Union at the job site (with the Employer maintaining a right to submit a corrected form to the Union, if necessary, up to 48 hours after the start of the job). In the event the form provided to the Union indicates non-compliance with the Tier A-Tier B ratio requirements of this Agreement and the Employer refuses to elevate Tier B workers to Tier A status to satisfy the ratio, or the Employer otherwise refuses to complete the form, the Union shall have the right to designate, and require the payment of, sufficient Tier B workers as Tier A workers to cause the Employer to be in compliance with the Agreement on the site. In the event an Employer’s non-compliance with the Tier A-Tier B ratio requirement is caused by the failure of a designated steward to appear for work, the Union shall not be entitled to elevate an employee to Tier A status, and the Employer shall not be liable for the nonconformity with the otherwise applicable ratio resulting from the steward (a Tier A worker) being absent.

g) The Union, 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 purposes of this Section, the Employer shall have engaged in a substantial violation of the Tier B/Tier A House Wrecker ratio if more than seventy five percent (75%) of the hours worked by House Wreckers in the quarter were paid at less than the Tier A wage and benefit rates, unless the Employer demonstrates that it abided by the applicable Tier A/Tier B ratio requirements on all jobs it performed during the quarter. In the event than an Employer engages in a substantial violation of the Tier B/Tier A House Wrecker ratio during a quarter, the Employer shall be required to contribute to the Fringe Benefit Funds, the total difference in contributions that the Employer would have paid had no more than seventy percent (70%) of the hours worked by House Wreckers been paid at less than the Tier A wage and benefit rates. In addition the Employer shall be required to pay to employees on the Tier A out-of-work list wages for the number of hours sufficient to return the Employer to a ratio wherein no more than seventy percent of the hours worked by the Employer during the quarter were paid at less than Tier A wage rates.

Irrespective of whether the Employer has engaged in a substantial violation of the required Tier A/Tier B ratio, all employees who were under-compensated as determined through the Tier A-Tier B form-completion process defined in the preceding paragraph g), shall have the total differential in wages and Fringe Benefit Fund contributions that the Employer should have paid had it complied with the Tier A rate requirement for the

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employee, paid, respectively, to the employee and Fringe Benefit Funds.

h) The Employer shall have the absolute right to reject any job applicant or applicants referred by the Local Union, with the exception of the Shop Steward, who can only be rejected pursuant to the procedure set forth in subsection 2 (a) of this Article III. In the event of such rejection, the Local Union will refer another applicant or applicants to the Employer.

i) In the event that any applicable statute is enacted or any decision rendered by a court or administrative agency having jurisdiction thereof, which statute or decision permits union security or hiring provisions more favorable to the Union than those contained herein, then the parties hereto shall meet and amend this Agreement so as to give the Union the maximum benefits permitted by such statute or decision.

j) The Union will use its best efforts to appoint a shop steward possessing such training certifications or licenses as are reasonably requested by the Employer.

Section 3. —

No Employer shall serve as a paymaster on any job. Section 4. —

There shall be a Joint Apprenticeship Training Committee (“JATC”) charged with direction of the Apprentices. 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. Further, effective July 1, 2003, or at such time as the Union determines in its sole discretion thereafter, the Union shall have the authority to implement a Mandatory Apprenticeship Program pursuant to which all House Wreckers on any job shall either be credited as journeymen by the JATC, or designated and enrolled as Apprentices in the JATC administered program. The Employer hereby agrees to abide by all rules and regulations and amendments thereto, of the Union and the JATC concerning the implementation and maintenance of the Mandatory Apprenticeship Program and the employment of apprentices on jobs. To the extent that any rules and regulations of the JATC or of Mandatory Apprenticeship Program contradict the terms of this Agreement, the terms of the JATC documents and Mandatory Apprenticeship Program shall be fully incorporated herein and shall control, except the JATC may not change the required ratio of apprentices to journeypersons unless required by the Department of Labor or other legal authority or law.

Section 5.–

The Employer agrees that there will be no discrimination against any employee or applicant for employment, with respect to race, creed, color, national origin, sex, age, handicap, or disability, religion, veteran status, concerted activity, marital status, sexual

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orientation, citizenship status, affectional preference, or union membership in all employment decisions, including but not limited to recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading, transfer, layoff and termination, and all other terms and conditions of employment, except as provided by law.

The preceding shall not be construed, however, to waive any procedural or substantive rights of employees to pursue discrimination claims against an Employer in other federal, state, or local forums.

ARTICLE IV

Total Demolition Work shall be defined as follows:

A Total Demolition Job shall be comprised of the removal of all or a substantial part of a roof (a substantial part being defined in accordance with past practice) in which structural change is to occur. Structural change is defined as removal of structural slabs, steel members, concrete members and 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 all or substantially all of the roof is removed as part of any partial demolition or dismantling.

Total Demolition Work shall include the following when performed on a Total Demolition Job:

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.)

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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.

l) unloading of materials to fence in a job site or the cleaning and

sweeping of sidewalks or their maintenance, or the erection and maintenance of safety equipment, barricades and flags, from the inception of the job to its completion;

m) jacking up of trailer offices or the erection and dismantling of shanties on the job site, or the opening and closing of gates and windows on the job;

n) installation and maintenance of temporary heating trailers, shanties, or temporary toilet facilities on the job site, or the heating of masonry materials for installation during the winter;

o) installation and maintenance of fire prevention equipment, including fire extinguishers on the job site;

p) assist the Project Engineers at the inception of the job to perform the routine marking of locations for the placement of temporal facilities and signs;

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q) cleaning and maintaining of fire escapes, chimneys, catwalks,

elevators, elevator shafts, windows, air conditioners, elevated sewage tanks on roofs, water tower tanks, gas tanks;

r) cutting and opening walls of any thickness;

s) erect or remove planking, scaffolds and runways for the use of

demolition, or anyone else on the job site;

t) lead abatement or removal in conjunction with total demolition. It is understood that any employee working on a lead abatement or removal site shall be certified by the Union in order to perform such work.

u) If any party to this Agreement uses salamanders, stoves or other

heating equipment which uses solid (coal, coke etc.) or liquid (kerosene, LPG, etc.) fuel for the sole protection against the weather affecting demolition with canvas or plastic covers over open spaces to permit the continuation of work on the job site, the Demolition Workers shall install and maintain the canvas and plastic coverings and shall offload, place, maintain and tend the salamanders, stoves and other heating equipment. The tending of salamanders and other heavy equipment shall be exclusive work of the Demolition Workers. Any temporary heat of any kind on the job site to permit the continuation of work by all trades and personnel employed on the job site shall be the exclusive work of the Union when demolition work is being done. If any party to this Agreement provides temporary heat that uses natural gas as a combustant supplied to salamanders which have been adapted to accept natural gas and/or provides natural gas salamanders or other heating equipment to be installed by others. Demolition Workers shall be used exclusively to perform this work, except where any law or administrative code requires others to perform all related work not defined in this Agreement. Union work shall include but not be limited to all unloading, all stockpiling, and all handling and distribution of salamanders and other heating equipment to the location of installation (it being understood that all unloading, stockpiling, and handling would be under employer supervision and employer discretion based on job conditions); any incidental handling or relocating of salamanders already installed to permit the proper distribution of heat and the continuance of work by Demolition Workers or others on the job, any fire watch or emergency service necessary to insure the safe and continual maintenance of temporary heat and the safety to the public or other employees on the job site.

v) all other work on a Total Demolition Job traditionally performed by employees represented by former LIUNA Local 95.

Section 2.–

The term “House Wrecker” as used in this Agreement includes all employees who perform work as described in Article IV of this Agreement.

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Section 3.–

If any other labor organization bound to the New York Plan for the Settlement of Jurisdiction Disputes (the “New York Plan”) claims jurisdiction over any work required by this Agreement to be performed by House Wreckers, the Employer agrees to follow and be bound by the resolution under the New York Plan, if submitted thereto by one of the affected unions. Pending the resolution of the dispute, the Employer shall assign House Wreckers to perform the work in question.

ARTICLE V Section 1.–

(a) The regular hours of employment are from 7 A.M. to 3:30 P.M., exclusive of the half hour lunch, from Monday to Friday inclusive, during which time House Wreckers shall be paid for a minimum of eight hours, except as provided immediately below and in Article VI, Section 15(e).

(b) With prior notification to the Local, the Employer shall have the option to reduce the length of the regular work day from eight (8) in a twenty-four (24) hour period to seven

(7) hours in a twenty-four (24) hour period, provided such reduction in the work day shall

continue for at least five (5) days on the job site or the duration of the job if it is shorter.

Section 2. —

The following days shall be known as Holidays on which there shall be no performance of any work:

Sundays, New Year’s Day, Presidents’ Day; Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

Section 3.–

No work shall be performed on any of the days listed in Section 2 or as provided in Article VI Section 2(a) unless in each instance advance written notice is provided to the Union.

Section 4.–

The Employer and the Union agree it to be their declared policy that the period for lunch shall, as nearly as possible, be uniform with that established with the other trades.

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ARTICLE VI Section 1.–

a) Effective July 1, 2023 Tier A and Tier B wages and fringe benefit contribution rates for House Wreckers shall be in accordance with Schedule A annexed to this Agreement.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective January 1, 2024 the Tier A, Tier B, and Apprentice wages and/or fringe benefit contribution rates for House Wreckers shall be increased by $.60 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective July 1, 2024 the Tier A, Tier B, and Apprentice wages and/or fringe benefit contribution rates for House Wreckers shall be increased by $.60 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective January 1, 2025 the Tier A, Tier B, and Apprentice wages and/or fringe benefit contribution rates for House Wreckers shall be increased by $.50 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective July 1, 2025 the Tier A, Tier B, and Apprentice wages and/or fringe benefit contribution rates for House Wreckers shall be increased by $.50 per hour.

Subject to the Union’s right of allocation/reallocation as hereinafter provided in this section, and effective January 1, 2026, wages and/or fringe benefit contributions shall be increased by eighty-percent (80%) of the increases provided, if any, to non-residential journeyworker “Mason Tenders” under the agreement between the Building Contractors Association and the Union (the “BCA Agreement”). Such increases under this Agreement shall be made in two equal parts, one effective January 1, 2026 equal to forty percent (40%) of the total amount of increases provided under the BCA Agreement that calendar year, and one effective at the close of business on June 30, 2026 equal to an additional forty percent (40%) of the total amount of increase provided under the BCA Agreement that calendar year. The parties agree promptly after the settlement of the contracts necessary to determine the increases under the BCA Agreement to reduce to a signed writing between them the specific amounts of the January 1, 2026 and June 30, 2026 increases. It is further understood that the “close of business June 30, 2026” effective date of the final increase is not intended to affect rates of pay on June 30, 2026, but rather assures that the increase goes into effect under the term of – and is part of the terms and conditions established by — this Agreement.

The Union, in its sole and absolute discretion, reserves the right to allocate and/or reallocate any portion of the foregoing increases to any of the fringe benefit funds, as well as the right to reallocate any of the amounts currently allocated to wages or to the fringe benefit funds as set forth in this Article.

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The wage rate for Foremen shall be $2.00 per hour above the prescribed rate for Tier A House Wreckers.

Section 2.–

a) All work performed outside of the regular hours of 7 a.m. to 3:30 p.m. or in excess of the regular eight (8) hours per day, or on Saturdays shall be paid for at the rate of time and one-half (in the event of a change to a seven hour day pursuant to Article V, Section 1(b), the preceding shall apply to work outside the hours of 7 a.m. to 2:30 p.m. or in excess of seven (7) hours per day). All work performed during lunch hour, Sundays and on the following legal holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, shall be paid for at the rate of double time. The date that the City of New York observes any of the abovereferenced holidays shall be the contract Holiday in the event it is different from the date on which the Holiday actually falls.

Section 3.–

The Employer shall deduct one dollar and sixty one cents ($1.61) per hour, plus any additional sum per hour hereafter specified by the Union, as dues from the wages of all House Wreckers who authorize such deduction in writing and then promptly pay over such sums to the Mason Tenders District Council not later than thirty (30) days after said deduction. The sum transmitted shall be accompanied by a statement, in a form specified by the Union, reporting the name of each person whose working dues check-offs are being paid and the number of hours each House Wrecker has been paid.

Section 4.–

Effective July 1, 2023 and subject to the Union’s right to allocate and/or reallocate as provided in Section 1, subdivision (a) of this Article, the Employer shall pay monthly to the Trustees of the Mason Tenders District Council Welfare Fund the hourly amounts specified in Schedule A for all hours worked by Tier A and Tier B House Wreckers, House Wrecker Foremen and House Wrecker Assistant Foremen, for the purpose of providing benefits for death, accident, health, medical and surgical care, hospitalization and other such forms of group benefits for House Wreckers, their spouses, and their eligible children, as the Trustees, in their sole and absolute discretion, may determine and, in addition, out of said monies the Trustees of the Welfare Fund shall provide coverage to conform with the New York State Disability Insurance Law for all House Wreckers for the period of this Trade 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.

Welfare coverage shall also be provided for all eligible employees of the Mason Tenders District Council, its constituent Local Unions and the Mason Tenders District Council Fringe Benefit Funds provided contributions are made to the Welfare Fund on their behalves in the same amounts as are paid by other Employers.

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Section 5.–

Effective July 1, 2023 and subject to the Union’s right to allocate and/or reallocate as provided in Section 1, subdivision (a) of this Article, the Employer shall pay monthly to the Trustees of the Mason Tenders District Council Pension Fund (solely as a collection agent for the Local 95 Pension Trust Fund) the hourly amounts specified in Schedule A for all hours worked by Tier A and Tier B House Wreckers, House Wrecker Foremen and House Wrecker Assistant Foremen. Contributions to the Pension Fund shall be utilized for the purpose of providing Pension and other Benefits for the eligible House Wreckers as the Trustees of the Local 95 Pension, in their sole and absolute discretion, may determine.It is the intention of the parties that no contributions shall be required on the premium portion of wages.

Section 6.–

Annuity Fund coverage shall also be provided for all eligible employees of the Mason Tenders District Council, its constituent Local Unions and the Mason Tenders District Council Fringe Benefits Funds, provided contributions are made to the Annuity Fund on their behalves in the same amounts as are paid by other Employers.

Section 7.–

Section 8.–

The Employer agrees to deduct and transmit to the Mason Tenders District Council

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Political Action Committee (“MTDC PAC”) $0.10, or such other amount as the Union may determine, for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. These transmittals shall occur monthly, unless otherwise required by law, and 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.

Section 9.–

Effective July 1, 2023 and subject to the Union’s right to allocate and/or reallocate as provided in Section 1, subdivision (a) of this Article, the Employer shall pay monthly to the authorized agent of the New York State Laborers-Employers Cooperation and Education Trust Fund the hourly amounts specified in Schedule A for all hours worked by Tier A and Tier B House Wreckers, House Wrecker Foremen and House Wrecker Assistant Foremen.

It is the intention of the Parties that no contribution shall be required on the premium portion of wages.

Section 10.–

Effective July 1, 2023 and subject to the Union’s right to allocate and/or reallocate as provided in Section 1, subdivision (a) of this Article, the Employer shall pay monthly to the authorized agent of the Greater New York Laborers-Employers Cooperation and Education Trust Fund (GNY LECET) the hourly amounts specified in Schedule A for all hours worked by Tier A and Tier B House Wreckers, House Wrecker Foremen and House Wrecker Assistant Foremen. It is the intention of the Parties that no contribution shall be required on the premium portion of wages.

Section 11.–

Section 12.–

Effective July 1, 2023 and subject to the Union’s right to allocate and/or reallocate as provided in Section 1, subdivision (a) of this Article, the Employer shall pay monthly to the authorized agent of the Vacation Account of the Mason Tenders District Council Welfare Fund (the “Vacation Account”). The hourly amounts specified in Schedule A for all hours worked by Tier A and Tier B House Wreckers, House Wrecker Foremen and House Wrecker Assistant Foremen. It is the intention of the Parties that no contribution shall be required on the premium portion of wages.

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Section 13.—

All Employers shall contribute $0.10 for each hour worked to the New York City Demolition Contractors Association Industry Advancement Fund (the “IAF”). The Union shall have no responsibility or obligation with respect to the collection of such contributions. If the Employer utilizes the services of the Mason Tenders Fringe Benefit Funds 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 IAF but shall not be utilized to fund any adversarial action against the Union or any of its affiliated entities.

Section 14.–

a) All Employers who joined the Association on or after the Association’s

execution of this Agreement shall post and maintain a bond of no less than $75,000 (seventy-five thousand dollars) to ensure payment of contributions to the Fringe Benefit Funds set forth in this Article of the Agreement and remittance of dues checkoffs and MTDC PAC contributions to the Union. For Employers who joined the Association prior the Association’s execution of this Agreement, the minimum amount of the bond to be posted and maintained for such purposes shall be determined by the number of hours of work performed by the House Wreckers of the Employer in the prior year as follows:

Number of Hours Worked 0 to 1,999 hours 2,000 to 4,999 5,000 to 9,999 10,000 to 19,999 20,000 or more

Minimum Bond$9,000 $22,500 $45,000 $60,000 $75,000

The Union may withdraw Mason Tenders from any job in the event the Employer fails to immediately post and maintain a bond in accordance with the provisions of this section of the Agreement.

b) In the event a deficiency should be determined by an audit of the Employer’s books and records, the Union in its sole and absolute discretion may require the Employer to post and maintain a bond in the amount of twice the audited deficiency within 60 days of receiving notice from the Union of the requirement to post and maintain such a bond.

c) In lieu of a bond or as a supplement to a bond, an Employer may, at the sole discretion and upon the sole consent of the Trustees of Mason Tenders District Council Trust Funds, furnish cash and/or collateral alternatives in satisfaction of this bonding requirement.

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d) Each joint venturer shall furnish the Union with a rider or other written

acknowledgement from its respective surety company, confirming that its respective Bond protects the Union and the Mason Tenders District Council Trust Funds during the period of the joint venture.

e) In the event the Trustees receive payment either on a bond or through

forfeiture of a certificate of deposit or collateral alternative under this Section 14 and said payment is insufficient to satisfy the entire deficiency in the payment of contributions to the Fringe Benefit Funds set forth in this Article of the Agreement and in remittance of dues checkoffs and MTDC PAC contributions to the Union, then the Trustees shall make a pro rata payment to each of the Fringe Benefit Funds set forth in this Article of the Agreement 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 or collateral alternative.

Section 15.–

a) The Employer shall make payment of all wages due in lawful currency, except those Employers making payment by check as per Section 16 of this Article. Payments shall be made in sealed envelopes and plainly marked, showing Employer’s name and address (printed or stamped), House Wrecker’s name, hours worked, amount earned and deductions required by law, and the net amount due.

b) Wages shall be due and payable during working hours on Thursday or Friday for work done up to the preceding Tuesday, or at the Employer’s option up to the preceding Wednesday. The day selected as the first payday on any job shall be the designated pay date until the completion of the job. Should Thursday or Friday be a bank holiday, wages shall be due and payable not later than Wednesday, for work done up to quitting time the preceding Monday. On jobs where the “Stagger System” is used the Employer shall give due notice to those House Wreckers affected as to the time the paymaster will be at the job.

c) Where House Wreckers are not on the job for any reason for which the

Employer is not responsible when the paymaster is paying the men, they may be sent to the main office for their pay but without any allowance for the time spent in going to and from the office; but where the men are not on the job because of any reason for which the Employer is responsible, they will be allowed one hour with pay in going to the office for their pay. Where House Wreckers are not paid on the specified payday during working hours, they shall be paid single time for all waiting time at the rate of seven hours per day not to exceed twenty-one hours.

d) When a House Wrecker is discharged, the House Wrecker must be notified during working hours and must be paid on the job immediately. A violation of this rule entitles a House Wrecker to compensation at the rate provided in Section 1 of this Article for the working time that elapses between the date of discharge and the date the House

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Wrecker receives such payment. Such payment shall not exceed 21 hours pay but shall additionally include, in the event of a willful failure to pay, the sum of $100.00 per day for each and every day from date of discharge until payment is received by the House Wrecker, including the date of such receipt. Employees must be given written termination notice when discharged in form acceptable to the State of New York Department of Labor, Division of Placement and Unemployment Insurance. If this notice cannot be given to the employee on the job at the time of discharge, the Employer may mail the notice to the employee on the next full business day and this shall be deemed substantial compliance.

e) All House Wreckers discharged between the hours of 7 A.M. and 12 o’clock noon shall be paid until 12 o’clock noon on the date of discharge. All House Wreckers discharged between the hours of 1 P.M. and 3:30 P.M. shall be paid until 3:30 P.M. This does not apply to a layoff and does not apply to a House Wrecker who is discharged on the day on which he is first employed. Nor does it apply to House Wreckers not on the job at starting time.

f) Should work be stopped for any cause beyond the control of either party to this Agreement, no claim for lapsed time shall be made for the time of the unavoidable cessation of work. If the House Wreckers demand their wages for the working time due, these wages shall be paid within three banking hours after the demand is made upon the Employer.

g) The Union may withdraw House Wreckers from any job to enforce payment of wages or of contributions to the Trust Funds set forth in this Article of the Agreement, or to enforce the Employer’s obligations under Section 14(a) and Section 17, subsections (a) and (b) of this Article. The Union may also withdraw House Wreckers to enforce the requirement of the Agreement that Union dues and MTDC PAC contributions be deducted from the wages of House Wreckers or to enforce payment to the Union of Union dues or MTDC PAC contributions already deducted from the wages of House Wreckers.

h) If House Wreckers are withdrawn from any job to enforce payment of wages or of contributions to the Trust Funds set forth in this Article of the Agreement, or to enforce the requirement of the Agreement that union dues or MTDC PAC contributions be deducted from the wages of House Wreckers, or to enforce payment to the Union of Union dues or MTDC PAC contributions already deducted, or to enforce bonding requirements or requirements that books and records be provided for audit, the House Wreckers who are affected by such stoppage of work shall be paid by the Employer for lost time provided that two days’ notice of the intention to remove House Wreckers from a job is given to the Employer by the Union by registered or certified mail.

i) The Employer agrees to and shall be bound by all terms and conditions of the Trust Agreement creating the Trust Funds set forth in this Article of the Agreement and by any rules, regulations or By-Laws 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.

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j) Payments by Employers to Trustees of the Trust Funds set forth in this Article of the Agreement shall be accompanied by reports furnished by the Trustees of the respective Funds, in such form and containing such data as the Trustees may from time to time determine in their discretion to be necessary.

Section 16.–

Notwithstanding anything herein contained, the Employer shall have the right to make weekly payments of wages by check provided:

1.) 2.)	All legal requirements are complied with; Written notice by registered mail shall first have been given to the MasonTenders District Council;Delivery of checks to House Wreckers shall be at least one day
3.)
preceding a banking day;
4.)	Checks indicate hours worked and the rate of pay in accordance with theprovisions of this Agreement;The check and the check stub bear the imprint and address of the signatory Employer;
5.)

6.) Checks reflect the amount deducted for Dues Check-off and MTDC PAC contributions in accordance with the provisions of this Agreement.

In the event that a salary check is not honored by the bank on which drawn for any reason whatsoever, then the House Wrecker affected thereby shall be entitled to two days’ extra pay for waiting time.

Section 17.–

a) The books and records of the Employer shall be made available upon

reasonable advance notice for inspection and audit by the accountants or other representatives of the Trust Funds set forth in this Article of the Agreement and/or the Union’s authorized representatives, 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, equipment leases, 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). 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 Trust Funds set forth in this Article of the Agreement. The Employer shall retain, for a minimum period of six years, 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.

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b) In the event, after the Trustees have made a reasonable request, 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 last 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) The Union may withdraw Mason Tenders from any job to enforce the

Employer’s obligations under subsections (a) and (b) of this section.

d) 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 Trust Funds set forth in this Article of the Agreement, the Employer shall bear the actual costs of such audit. Substantially delinquent is defined as any deficiency in the payment of fringe benefit contributions to the Trust Funds set forth in this Article of the Agreement in excess of 10% of the fringe benefit contributions paid to the Trust Funds set forth in this Article of the Agreement during the period that is the subject of the audit. In the event the Trust Funds set forth in this Article of the Agreement bring an action to recover the costs of audit, the Employer shall be obligated to pay the reasonable costs and attorneys’ fees incurred in bringing said action.

e) In the event the Employer fails to produce the books and records necessary for an audit as set forth in subsection 17(a) of this Article of the Agreement, the Employer agrees to pay a penalty of $400.00. In the event the Trust Funds set forth in this Article of the Agreement bring an action to obtain an audit of the 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 Trust Funds set forth in this Article of the Agreement 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 Trust Funds set forth in this Article of the Agreement bring 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.

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g) In the event that formal proceedings are instituted before a court of competent jurisdiction by the Trustees of the Trust Funds set forth in this Article of the Agreement 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, attorney’s fees and/or interest, the following:

(1.) (2.)	the unpaid contributions. interest on unpaid contributions determined by using the rateprescribed under section 6621 of Title 26 of the United States Code. interest on the unpaid contributions as and for liquidated damages. reasonable attorneys’ fees and costs of the action.such other legal or equitable relief as the court deems appropriate.
(3.) (4.) (5.)

h) The Employer hereby agrees that in the event any payment to the Union or to the Trust Funds set forth in this Article of the Agreement 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, charge and expenses. Nothing herein is intended, nor shall be interpreted, to mean that the Trust Funds set forth in this Article of the Agreement or Union waive any other liquidated damages.

i) In the event the Employer does not make the payments to the fringe benefit funds, or remit dues check-offs or MTDC PAC contributions within fourteen days of the due dates specified in this Article, it is agreed that the Employer shall be liable for an additional payment at the rate of twelve percent per annum, or the percentage rate prescribed under Section 6621 of Title 26 of the United States Code, whichever is greater, of the amount owing from the close of the day on which any such payment was due to the date when payment is actually made as and for liquidated damages.

j) If an audit of the Employer’s books and records is required and a deficiency in fringe benefit fund contributions or remittance of working dues check-offs or MTDC PAC contributions is found which is not paid within fourteen days after reasonable notice, the Employer agrees to pay as additional liquidated damages at the rate of twelve percent per annum, or the percentage rate prescribed under Section 6621 of Title 26 of the United States Code, whichever is greater, of the amount owing from the close of the business of the day on which any such payment was initially due to the date actually paid, plus the cost of all audit, accountants’, attorneys’ and other fees necessary to effect collection of the deficiency.

k) Where payment is made or an audit is conducted pursuant to a judgment or court order, the Employer recognizes the right of the Trustees of the Mason Tenders District Council Fringe Benefit Funds to have the court enter an order permanently enjoining the Employer and its agents, representatives, directors, officers, stockholders, successors and assigns, for the remaining term of this Agreement from failing, refusing or

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neglecting to submit the required employer remittance reports and/or to pay the required contributions to the Mason Tenders District Council Fringe Benefit Funds, and requiring the Employer to cooperate in an audit in accordance with the provisions of this Agreement. In consideration of this Agreement the Employer represents and warrants that it will not raise any defense, counterclaim or offset to the Trustees’ application for this order.

l) All payments of contributions to the Mason Tenders Fringe District Council Trust Funds shall be paid on a monthly basis for the pay period immediately preceding, in one check to be allocated to the Mason Tenders Fringe District Council Trust Funds in accordance with terms of the Agreement.

Section 18.–

When an employee is sent to work by the Employer to a job outside the region where the fare to and from the job by the customary means of travel exceeds $5.00 per day, the Employer shall pay the excess as an addition to the contract wage.

Section 19.–

If the Employer requests House Wreckers to report on any day and such House Wreckers report for work on that day by starting time, but are not put to work, such House Wreckers shall be entitled to two hours’ pay. However, this payment shall not be made if it is impossible to put such House Wreckers to work because of weather, lack of materials, or other job conditions beyond the Employer’s control.

ARTICLE VII Section 1.–

The Employer shall provide for the exclusive use of the House Wreckers on each job on which they are doing work, a suitable tool house three square feet minimum per employee in size, properly heated and lit. The Employer who complies with the requirements of this Section is only responsible, upon submission of proper proof of loss, for loss of clothing due to the burning or forcible entry of the tool house. Such liability shall be limited to a sum not to exceed per employee:

$200.00 for an overcoat;

$150.00 for clothing, including overalls; and $100.00 for shoes.

Where the Employer requires House Wreckers to wear clothing on the job site identifying the Employer, such clothing shall also identify the Union by appropriate insignias or other suitable markings.

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Section 2.–

If an emergency arises requiring House Wreckers to work during inclement weather, foul weather clothing, to include boots, raincoats, and rain hats, shall be furnished without charge to all House Wreckers.

Section 3.–

The Employer shall supply all tools on the job required in performing the work covered by this Trade Agreement.

Section 4.–

House Wreckers on the job shall wear in plain sight, numbered badges (not to exceed one and one-half inches in diameter) when requested to do so by the Employer; such badges shall be furnished without charge by the Employer.

Section 5.–

The Employer, House Wreckers 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 effecting any reduction, or change in the form or manner of payment, of wages or fringe benefit contributions. The Employer or its representatives shall not be permitted to give any advance in wages to House Wreckers, nor shall they be permitted to lend money to House Wreckers, except as specifically authorized in writing by the Union and the employee.

Section 6.–

The Employers here by agree to follow and comply with all provisions of Municipal, State or Federal applicable to work performed by House Wreckers, and further that no provision of this Agreement shall supersede any Municipal, State or Federal law which imposes more stringent requirements as to wages, hours of work, or as to safety, sanitary or general working conditions than are imposed by this Agreement.

Section 7 –

On jobs were House Wreckers are employed, if as a result of the occurrence of an an Act of God such as severe weather, widespread power failure, fire, or natural disaster, the Employer is, for no fault of its own, unable to put any House Wreckers or other trades to work on a job on one (1) or more work days during the regular work week, the Employer may request that the Union permit the scheduling of the Saturday of that calendar week during which work was prevented, as a make-up day at straight time. If such request is granted, House Wreckers shall work a minimum of eight hours, and shall receive an hour differential for all time worked (i.e. no House Wrecker shall be paid, including contributions

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to the House Wreckers Fringe Benefit Funds, for less than nine hours, and if over eight hours are worked, pay and contribution to the Fringe Benefit Funds shall be made for such time worked, plus an additional hour). All hours worked in excess of eight (8) shall be paid at the rate of time and a half. When a holiday falls on a Saturday, then the make-up day rate shall be time and a half, and the above hour differential pay shall not apply. In order to work a make-up day on such terms, no later than 10:00 A.M. of the day that work was unable to occur (the “day terminated”), the Employer must notify the Union that the work day has been “terminated,” and the Employer must further notify the Union of its desire to work a make-up and obtain permission from the Union to do so by noon of the day preceding the make-up day. All Employees scheduled to be employed by the Employer on the day terminated shall have the right of first refusal to work on the make-up Saturday, but said Employees shall also have the right to decline work on a make-up Saturday, without any penalty. The preceding notwithstanding, a Shop Steward designated by the Union shall be the first House Wrecker employed on the make-up day. The number of employees working on a make-up Saturday shall not exceed the number of employees working on the day preceding the day terminated. If House Wreckers are needed to work a make-up Saturday, other than those already working on the job, the Employer shall call the Union for House Wreckers. A make-up Saturday shall be a guaranteed eight (8) hour day or, with permission of the Union, seven (7) hour day. In the event work is terminated for one of the reasons listed above on the make-up Saturday, House Wreckers who report for work by starting time shall receive two hours pay and benefit contributions.

ARTICLE VIII Section 1.–

a) Where House Wreckers are employed on a job, the Local Union shall

designate a Shop Steward who shall be the second House Wrecker on the job. The Shop Steward shall monitor the Employer’s compliance with the terms and conditions of this Agreement. In the event the Shop Steward becomes aware of non-compliance with this Agreement by the Employer, the Shop Steward shall so inform the Local Union that appointed the Shop Steward. The Shop Steward shall retain possession of the key to the tool house and see to it that it is open in ample time at starting time and securely locked at quitting time. The Shop Steward shall perform these duties as shop steward with the least possible inconvenience to the Employer. The Shop Steward is to work as a House Wrecker and not use the position as Shop Steward to avoid performance of the Shop Steward’s duties as a House Wrecker. On overtime work the Shop Steward shall always be the second House Wrecker offered to work overtime. If the Shop Steward is discharged, the Shop Steward shall at once be reinstated until the matter is brought before the Union and the decision of the Union shall control, and if any time has been lost, the Shop Steward shall be paid for all lost time up to thirty days only. The Shop Steward is to work up to the completion of the job and shall be the last House Wrecker to be discharged. Where more than one Employer does House Wrecker work on a job site, each Employer shall employ House Wreckers exclusively to perform the work and each Employer shall employ House

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Wrecker Shop Stewards. The Union shall have the right to remove and replace any Shop Steward.

b) The term “Shop Steward” as used in this Agreement shall mean those House Wreckers who have been trained and hold a current certification by the Union to serve as shop stewards.

Section 2.–

The Business Agent, Business Manager or other designated representative of the Union shall have the right to visit and go upon the Employer’s jobs during working hours and said person shall not be interfered with while making such visits.

Section 3.–

The Employer may select individuals to serve as a House Wrecker Foreman and House Wrecker Assistant Foremen. The Employer shall select whomever the Employer chooses for the positions of House Wrecker Foreman and House Wrecker Assistant Foremen without regard to the provisions of Article III, Section 2 of this Agreement. The House Wreckers Foreman may be the first House Wrecker hired by the Employer. The Employer may hire a House Wrecker Assistant Foreman in the event there are more than eight House Wreckers working on the job site. The ratio of House Wrecker Assistant Foremen to House Wreckers shall not exceed one House Wrecker Assistant Foreman to eight House Wreckers on any job site. A House Wrecker Foreman shall be required on all jobs where eight or more House Wreckers are employed. Such foreman shall be representative of the Employer and shall be in direct charge of the House Wreckers on the job. All House Wrecker Foremen shall be paid two dollars per hour ($2.00/hour) above the hourly rate for Tier A House Wreckers. The House Wreckers Foreman shall take his orders from a supervisor.

ARTICLE IX

Section 1.–

The Employer guarantees that there will be no lockouts for any reason during the term of this Agreement and the Union guarantees that there will be no strikes during the term of this Agreement except the Union’s right to strike will not be limited:

a) Where the Employer, at any job site, contracts or subcontracts work covered by this Agreement to any other person, firm, partnership, corporation, joint venture or other entity that is not bound by an Agreement with the Union covering such work.

b) Where any of the workers engaged on a construction job perform work covered by this Agreement, including loading materials in building supply yards within the regions defined in Article I and unloading at the point of construction, without receiving

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compensation equivalent to that provided for Mason Tenders under the applicable Agreement with the Union.

c) When the Union reasonably concludes that the Mason Tenders on any job have not been paid, are being paid less than the rate of wages prescribed in this Agreement, or the Employer is in arrears on fringe benefit contributions payable to the Trust Funds set forth in Article VI of this Agreement, or in the remittance of dues checkoffs and/or MTDC PAC deductions to the Union as prescribed in this Agreement or in any modification of this Agreement.

d) When the Union reasonably concludes that an Employer has either failed to: i) permit review of its books and records for purposes of conducting and/or Fund’s is entitled under this Agreement, including but not limited to the information required to be an audit as required under this Agreement, ii) provide any or all of the information to which the Union provided pursuant to Article VI Section 17, iii) post and maintain a bond in the amount and in the amounts and manner required under this Agreement; or iv) maintain unemployment insurance, workers’ compensation insurance, and any other legally required insurance, in the amounts and in the manner required by law.

e) When the Union reasonably concludes that the Employer has failed to retain a shop steward at the time and in the manner provided in the Agreement; has improperly replaced, dismissed or failed to employ a designated shop steward; or has otherwise failed to permit a shop steward to perform his/her functions and/or exercise his/her rights as provided in this Agreement.

f) When the Union reasonably concludes that the Employer has violated the rights of the Union or an employee under Section 7 of the National Labor Relations Act, or has required an employee to work under dangerous or unsafe conditions.

g) When the Union reasonably concludes that the Employer has served as a paymaster in violation of Article III, Section 3 above.

Section 2. —

It shall not be a violation of this Agreement, cause for discharge or disciplinary action nor shall any employee be permanently or temporarily replaced, for refusing to enter upon any job site involved in a primary labor dispute, or refusing to cross or work behind a picket line established by any union.

Section 3.–

The Union shall not be responsible for any unauthorized strike or its results. Section 4.–

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The parties to this Agreement agree that no damages of any kind or nature shall be awarded or allowed against the Mason Tenders District Council of Greater New York and its affiliated locals, or any officer or member thereof by reason of the withdrawal of workers from a job on which written notice has been delivered as aforesaid.

ARTICLE X Section 1.–

The Union may submit disputes arising between the parties involving questions of interpretation or application of any clause of this Agreement (or a previous Agreement to which the Employer was subject) as a grievance under the following rules, except as excluded or limited below.

a) Grievance Steps.

Step 1: The Employer or his representative shall meet with a representative of the Union and attempt to adjust the grievance between them on a job level basis. The parties shall endeavor to meet within 48 hours of the time the dispute becomes known to them.

Step 2: Upon receipt of written notification from the Local Union Grievance Department, describing the nature of the grievance, the Employer shall either fully and finally resolve the matter or respond in writing within 10 business days stating the reasons why the grievance is disputed. Failure to so respond shall entitle the Union to proceed to Step 3 or Step 4.

Step 3: At the request of the Union, a Joint Arbitration Board (“Joint Board”) consisting of two Union-appointed and two Association-appointed representatives shall meet to hear a dispute not resolved at Step 2. Upon invocation of Step 3, the Joint Board shall promptly convene to hear the dispute, and any Joint Board decision supported by a majority of its members shall constitute a final and binding resolution of the Grievance. In the event the Union determines not to invoke Step 3, the Joint Board fails to promptly convene, or the Joint Board fails to reach a majority supported decision on a grievance, the Union may appeal the matter to Step 4.

Step 4: If the matter is not resolved at Step 2 or Step 3, the Union may appeal the dispute to arbitration, by written notice to the Employer.

a) Arbitration. An arbitrator shall be selected from the following rotating panel (in the order in which they herein appear): Joseph A. Harris and Arthur Riegal. At the Union’s discretion, multiple claims may be heard simultaneously as part of a single consolidated case. Except as specified in subsections (e) and (f) below, the parties shall share equally the arbitrator’s fee, the cost, if any, of a hearing room, and the cost, if requested by either party, of translation and/or court reporter services.

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b) Investigations and Witnesses. The Union, in the investigation and/or

arbitration of a dispute, may subpoena witnesses and by written request procure the books, records and any other documents of the Employer the Union deems relevant to the investigation or prosecution of the case. The Union shall have the right to demand the production of such records, at any time whether or not a dispute exists, as well as to demand the production of any of the records specified in Article V Section 17(a) above, so long as it identifies the subject of its investigation if a grievance is not pending. In addition to any other remedies, the Union shall have the right, on five days written notice to the Employer, to withdraw Mason Tenders from the jobs of any Employer that fails to provide information to the Union required herein. The Employer shall have the right to subpoena witnesses and request the production of records from the Union reasonably related to its defense of a grievance.

c) Presumptions. In all cases in which the Union proves that an individual or individuals performed work within the jurisdiction of the Union for any period of time, it shall be presumed that all work performed by such individual or individuals fell within the jurisdiction of the Union. It shall also be presumed that if the Employer, in whole or part, maintains or oversees general conditions on a job that it is a general contractor, responsible for any and all subcontracting occurring on the job. It shall be presumed that no third-party entity that is not engaged in construction as its primary business purpose is responsible for the subcontract of work occurring at a site. The preceding presumptions shall be considered rebuttable. Further, an adverse inference shall be drawn from any failure by the Employer to produce documents required to be provided to the Union in subparagraph b above.

d) Right to Strike. No provision of this grievance and arbitration procedure, nor the submission of a dispute for resolution through these procedures shall in any way waive, impair, prejudice or otherwise limit the rights of the Union to strike as permitted under this Agreement.

e) General Remedies. The arbitrator shall have authority to award damages, back-pay, and/or injunctive relief. If the Employer is found to have violated any of the provisions of this Agreement pertaining to hours, wages or fringe benefits, it shall be required to furnish the Union and Fringe Benefit Funds with a surety bond, in an amount determined by the arbitrator, guaranteeing the payment of all wages and fringe benefits provided by this Agreement. In any case in which the Employer is found to have failed to pay wages due, or failed to remit dues owed to the Union or contributions owed to the MTDC PAC, the award shall include 1) interest at the prime rate plus two percent on the day of the award, running from the date of the violation; 2) attorneys’ fees and expenses (including arbitral fees and expenses) incurred by the Union in pursuing the award; 3) the full cost of the arbitrator’s fees and 4) such remedies and penalties as would be available in claims brought under Article 6 of the New York State Labor Laws and/or the Fair Labor Standards Act, if the substantive elements for obtaining additional relief under either or both of those laws is established. The right provided herein to obtain remedies under the New

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York State Labor Laws and the Fair Labor Standards Act shall not impair the Union or employee’s rights to bring suit under such statutes if such relief is not pursued through this arbitration process.

f) Fringe Benefit Contribution Claims (Other Remedies and Issues). The

Union shall have the right in any proceeding seeking the payment of fringe benefit contributions to enforce all amounts due to the Funds under this Agreement, including but not limited to those remedies specified in Article VI, Section 17(g) above, as well as the full cost of the arbitration and the arbitrator’s fees. Neither this arbitration procedure nor the submission of a dispute to arbitration, or final disposition of an arbitration, however, shall impair, waive, prejudice or otherwise affect the rights of the Funds to sue and recover for all amounts due under this Agreement, including but not limited to those remedies specified in Article VI, Section 17(g) above, ERISA and the Funds’ governing documents. The proceedings provided for in this Article need not be exhausted as a condition precedent to the Fund commencing any suit available to it.

g) Status of Certain Issues. Any and all claims alleging a violation of any of the prohibitions contained in this Agreement regarding the subcontracting of work and/or the establishment or maintenance by the employer or its principals of other business entities, including but not limited to alleged violations of Article II and Article XI Sections 3, 4, 5, and 6, of this Agreement, as well as claims, in whole or part, seeking dues, wages, fringe benefit and/or MTDC PAC contributions shall be subject to decision either under this Article, or in federal court, at the discretion of the Union, except an Employer may require that a claim regarding the subcontracting of work and/or the establishment or maintenance by the employer or its principals of other business entities be resolved in federal court by providing written notice to the Union of such intent delivered within fifteen calendar day’s of the Union’s filing of a grievance over such a matter.

h) Compliance. Any decision of the arbitrator shall be binding upon the parties and shall be complied with by the Employer within five days of the issuance of the award. In addition to all other rights to withdraw laborers as provided in this Agreement, should any Employer fail to comply with such decision, the Union shall have the right to remove Mason Tenders from such Employer’s jobs until the Employer fully complies with the award.

ARTICLE XI Section 1.–

It is further 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 decisions shall not invalidate the other portions of this Agreement and the remaining portion of this Agreement shall be considered binding between the parties hereto. Nothing contained in this Agreement shall be construed to deprive any one or more

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individual House Wreckers from pursuing whatever civil or criminal remedies they may have under the law for the collection of their wages, or any part thereof.

If any provision of this Agreement shall be adjudged illegal or ineffective, such adjudication shall not invalidate any other portions of this Agreement nor relieve either party from their liabilities and obligations under this Agreement. Further, the provision held to be illegal or invalid shall be given the meaning and be deemed replaced by whatever lawful substitute provision provides the most comparable protection to the Union and/or House Wreckers. Upon the request of the Union, the parties shall promptly execute an amendment to the Agreement providing the precise terms of such legal substitute provision.

Section 2.–

Each Employer agrees that within two weeks after the execution of this Agreement, it will submit to the Union a schedule setting forth in full each member of the Employer’s firm, partnership or corporation, giving the name and address and any future change therein; and if it is a corporation, the names and addresses of all officers and directors and partners; if a trade name, the name and address of the individual doing business under the trade name.

Section 3.–

Each Employer further agrees that it will promptly notify the Union in writing of any change in its membership, setting forth the names and addresses of those members which may have dropped out or been suspended from the firm, partnership or corporation and in case of any change in personnel of any of its members, if it is a corporation, to give the names of the new officers, if it is a partnership, to give the names of the new partners, and in case of a new firm doing business under a trade name, the name of the new principal. The Employer, whether as an individual, partner or employee of a partnership, or as an officer, director, stockholder or employee of a corporation, agrees to remain bound by the terms and conditions of this Agreement although doing business as an individual under another trade name, or as a partner or employee of another partnership or as an officer, director, stockholder, partner, or employee of another corporation or as a joint venturer.

Section 4.–

This Agreement shall apply to and bind the parties hereto, their successors and assigns, and any successor thereto resulting from a merger, consolidation or other reorganization or restructuring, and if the Employer is a corporation, the individual members and principals jointly and severally with the corporation.

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Section 5.–

The Employer and all other persons or entities related to the Employer who are bound by this Agreement agree that they will not enter into any agreement or arrangement inconsistent with Article XI, Section 4 above or that would otherwise establish or create a successor that has not assumed all obligations and responsibilities of the Employer under this Agreement. The Employer further agrees to provide the Union no fewer than thirty (30) days notice in advance of the consummation of any transaction that would create a successor, including material financial details.

Section 6.–

a) When the Employer subcontracts or sublets any work of any type or kind whatsoever coming within the jurisdiction of the Union, the Employer shall be responsible for the subcontractor complying with all provisions of the Agreement. If the Employer subcontracts or sublets any work of any type or kind whatsoever coming within the jurisdiction of the Union, the Employer shall be responsible for the payment of wages, contributions to the Mason Tenders District Council Trust Funds, MTDC PAC contributions and working dues check-offs by such subcontractor, including reasonable attorneys’ fees incurred in enforcing the provisions hereof.

b) Except as specifically provided herein, all of the terms, covenants and

conditions of the Agreement, and without limitation, the specific provisions of this section, shall be applicable for the duration, and during the entire term of the Agreement.

c) The Employer agrees that it will cause any other corporation or company which may now or hereafter exist or be formed or in which the Employer may have any interest to be bound by this Agreement and operate in accordance with its terms, if such subsidiary is engaged in any work covered by the Agreement.

d) If the Employer is contracted, retained or employed to oversee, manage, perform or in any way be responsible for work of any kind covered in whole or in part by this Agreement on a job site as a construction manager the Employer shall employ a Shop Steward for the job site. It is expressly agreed by all Parties to this Agreement that the Shop Steward shall be employed by the Employer on all job sites even though the Shop Steward may be the only person hired to perform Mason Tender work for the Employer. The Shop Steward shall perform all work described in Article IV of this Agreement as well as all necessary duties without inconvenience to the Employer. The Shop Steward shall be employed from the inception of any work whatsoever on new construction at the street level of the job site and shall be employed until the completion of all work on the job site. The Employer agrees not to proceed with any said construction manager work until it assumes the responsibility for compensation for the Shop Steward.

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Section 7.–

If after the effective date of this Agreement the Union enters into any agreement with an independent employer performing work set forth in Article IV of this Agreement which provides more favorable terms or conditions of employment to such independent employer when performing work set forth in Article IV than are provided for Employers in this Agreement, then upon written notice from the Association to the Union, the Association may elect for the duration of this Agreement to have all terms and conditions of employment set forth in the agreement between the Union and the independent employer replace the terms and conditions set forth herein related to the performance of Total Demolition Work. This Section does not apply to any site specific changes to terms and conditions that are provided for in this Agreement or any other collective bargaining agreement entered into by the Union.

Section 8.–

The Union shall have the option to terminate this Agreement, should the Association merge, join, consolidate or combine with any other employer, group, organization or association.

Section 9.–

a. Employers and their principals who have repeated “intentional incidents” of contractual non-compliance, as defined below, shall become bound to the Master Independent Agreement for all Total Demolition Work to the full extent as if that Agreement were set forth in full herein (including the provisions regarding personal liability), for the periods defined below. Issues regarding contract formation and expiration shall continue to be governed by this Agreement.

b. For purpose of this section, an “intentional incident” shall mean either i) any intentional violation by an Employer of Article III, Section 2(e)(i) regarding an employer’s obligation to notify the Union of its jobs, or ii) the payment of any employee in a manner that does not result in the employee receiving a record of receipt of such payment or does not result in the payment appearing on the Employer’s regular payroll records.

c. The following consequences shall follow from Employer acknowledgements in writing of intentional incidents or an Arbitrator’s determination that intentional incidents occurred:

i. In the event an Employer acknowledges or is found to have three intentional incidents in any six month period, it shall be bound to the Independent Agreement for a period of thirty calendar days from the date of the Award or last acknowledgment.

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ii. In the event an Employer acknowledges or is found to have four

intentional incidents in any eighteen month period, it shall be bound to the Independent Agreement for a period of sixty calendar days from the date of the Award or last acknowledgement.

iii. In the event an Employer acknowledges or is found to have five

intentional incidents during the effective period of this Agreement or any extension thereof, it shall be bound to the Independent Agreement from the date of the Award or last acknowledgement through the term of the Agreement, including any extension thereof.

d. If an Employer completes its first period of coverage under the Independent Agreement and sixty days elapse without an event occurring that is acknowledged or found to be an intentional incident, the Employer’s previous intentional incidents shall not be counted in calculating its exposure to future coverage under the Independent Agreement. Otherwise, all intentional incidents, whether or not they have already served as the basis for a period of coverage under the Independent Agreement, as well as intentional incidents that occur during an Employer’s coverage under the Independent Agreement, shall count towards future potential periods of an Employer’s coverage under the Independent Agreement.

e. The Union may, notwithstanding the time-limits or other procedural limitations contained in the grievance/arbitration provision of this Agreement: i) give written timely notice under Article XI, Section 2, Step 3 or Step 4 to the Employer and the Association of its intent to hold grievances involving this Section 9 in abeyance pending the aggregation of other such grievances, and ii) arbitrate all matters regarding intentional incidents committed by the Employer in a single consolidated case.

Section 10.–

The Association agrees that within forty-eight 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 the name and address. 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, addresses, phone numbers (fax and telephone), authorizing officer[s], and federal tax identification number of any new members of the Association, which addition shall be effective upon notification to the Union by provision of an accurate and complete version of Schedule C hereto; and setting forth the names and addresses of those members which have dropped out or been suspended from the Association.

Section 11. –

Attached hereto as Schedule B are the Target Committee Rules adopted by and between the parties.

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Section 12. –

The provisions of the administrative code of the City of New York, Title 20 Chapter 8 (Earned Sick Time Act) in relation to the provision of sick time earned by employees covered by this Agreement, as well as any state sick time requirement permitting a waiver including NYS Labor Law 196-b, are expressly waived by the parties to this collective bargaining agreement because comparable benefits are already provided in this Agreement

ARTICLE XII Section 1.–

This Agreement shall become effective and binding upon the parties hereto on the 1st day of July, 2023, and remain in effect through June 30, 2026, and shall renew from year to year thereafter unless either party hereto shall give written notice to the other 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, at least sixty (60) days, but not more than ninety (90) days, before the expiration date of this Agreement. In the event one of the parties to this Agreement gives written notice of its desire to modify or amend this Agreement pursuant to this Article, the conditions established by this Agreement shall continue in effect during negotiations for a new Agreement.

Section 2.

In such cases of an Employer’s withdrawal, resignation, suspension or termination from membership in the Association, such Employer and its principal officer agrees, during the terms of this Agreement, to be bound by the terms of the Independent Agreement for all Total Demolition Work, which shall supersede any conflicting or lesser provisions of this Agreement. Copies of the Independent Agreement have been furnished to the Association, and shall be furnished by the Union to the Employer signatory to this Agreement upon request.

The preceding term of the Agreement notwithstanding, both parties shall have an option in the month of April 2025 to give notice to the other of a desire to reopen the agreement a year early (the “Reopener Notice”). If the option is exercised by either party, the Agreement shall expire on June 30, 2025, and the parties shall commence good faith negotiations for a successor agreement promptly after the issuance of the Reopener Notice. If no Reopener Notice is given by either party, the Agreement shall continue in effect for the three-year period pursuant to the terms otherwise provided herein.

Signed by both parties hereto as of the 1st day of July, 2023 at New York, New York.

NEW YORK CITY DEMOLITION CONTRACTORS ASSOCIATION, INC.

Salvatore Russo, Jr., President

MASON TENDERS DISTRICT