AGREEMENT AND
WORKING RULES
NEW YORK ELECTRICAL
CONTRACTORS ASSOCIATION, INC.
LOCAL UNION No. 3
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, AFL-CIO
EFFECTIVE
APRIL 9, 2025 4:01 P.M.
THROUGH
APRIL 12, 2028 4:00 P.M.
AGREEMENT AND WORKING RULES
INDEX
TITLE PAGE ARTICLE
Absenteeism, Unscheduled 36 Article III, Rule 3 (s)
Additional Security Benefits Plan….14 Article II, Section 6
Administration and Costs, JIB 24 Article II, Section 16
Agreement Term 7 Article I, Section 2
Agreement Violation 63 Article VI, Section 1
Alternate Dispute Resolution 28 Article III, Rule 2 (d) & (v)
Annuity Plan 13 Article II, Section 5
Anti-Discrimination,.,„ ……..6 Preamble, Section 5
Apprentice Day School 35 Article III, Rule 3 (n)
Apprentice Training Fund 25 Article II, Section 19
Apprentice Work, Limitations 48 Article III, Rule 13
Apprentices, Ratios 47 . Article III, Rule 12
Audit 23Article II, Sect. 13 (b) & (c)
Benefit and Wage Plan…,., 22 …. Article II, Section 12 (b)
Benefit Contributions-Straight Time 23 Article II, Section 13 (a)
Bonuses 1 1 .Article II, Sect. 2 (b) & (c)
Borrowing of Personnel 50 Article III, Rule 20
Business Representative
Complaint Investigation 51 Article III, Rule 21
Chief Officer of Diversity
and Inclusion 43 Article III, Rule 10 (vi)
Clothing and Tools Allowance 49 Article III, Rule 16
Credit Union……… ….. 59 Article III, Rule 31
Defective Work 51 Article III, Rule 23
Deferred Salary Plan 16 Article II, Section 9
Deliveries Jobsite . 51 Article III, Rule 25
Dental Benefit Plan ,..13 Article II, Section 4
Disability Insurance 27.. Article III, Rule 2 (d) (iii)
Dispute Resolution, JIB 9 Article I, Section 2 (e)
Duration of Agreement……. 7 Article I, Section 2 (a)
Educational and Cultural Trust Fund…21 Article II, Section 11
EEO, Diversity & Inclusion Training . 42Article III, Rule 10 (a) (iii) (iv)
EESISP 28 ….Article III, Rule 2 (d) (ii)
Employer Rules 26 Article III, Rule 2
INDEX
26 Article III, Rule 1
.8Article I, Section 2 (c) & (d)
38 …Article III, Rule 4(b) (iv)
65
63
36
39
25
51
49
..9
64
TITLE
Employer Subterfuge of Labor…
Employer Work Operations
Employment Committee
Employment Plan
FICA Contributions
Forepersons, Wages….
Furlough Compliance ………..
General Foreperson, Wages
Health Reimb Account Plan
High Climber, Wages
High Voltage ………..
Hours ..………..
IBEW Approval
IBEW Code of Excellence
Job Security Fund
Job Steward
Joint Industry Board
Joint Industry Board, Operations.
Joumeyperson Rules
Jurisdiction
Jurisdictional Disputes
Jury Duty Plan………. *
Lateness …….
Layoff …………..
Legal Services Plan
Lighting Fixtures, Delivery
Lockers * ……
Lunch Period .
Modification
National Electrical Benefit Fund.
National Labor Management
Cooperation Committee ..
Overtime Authorization ..
Overtime Rate.…..,……..„…………
Paid Family Leave Act
Payroll Deductions
Article X
Article III, Rule 5
Article III, Rule 4 (a)
Article VIII
Article IV
. Article III, Rule 3 (r)
Article III, Rule 6 (c)
Article II, Section 21
…Article III, Rule 24
…Article III, Rule 16
66.
39.
37.
Article I, Section 2 (f)
Article VII
PAGE INDEX
29 Article III, Rule 2 (g)
9 Article I, Section 2 (g)
23 Article II, Section 14 (a)
24 …. Article II, Section 14 (b)
35Article III, Rule 3 (m) & (p)
…..42 …Article III, Rule 10 (a) (i)
61 Article III, Rule 40
43 Article III, Rule 10 (ix)
15 Article II, Section 8
59 Article III, Rule 30
50….Article III, Rule 17 & 18
…..31 ….Article III, Rule 3 (a)-(e)
70 Article XII
4 Preamble, Section 4 (b)
25 Article II, Section 20
46 .. Article III, Rule 10 (i) (ii)
10 … Article II, Sections 1 & 2
24 .Art. II, Sect. 15, 16, 17 & 18
…29 …Article III, Rule 2 (d) (vi)
…24 Article II, Section 17
ii
INDEX
TITLE PAGE INDEX
Payroll Reports 26 Article III, Rule 2 (a)
Pension, Hospitalization
and Benefit Plan, … 12 Article II, Section 3
Preamble and Mission Statement 2
Project Manager 46 Article III, Rule 11
Safety 51…. „«Article III, Rule 22
Separability 66 Article IX
Shafts and Tunnels 55 Article III, Rule 28
Shift Work 37 Article III, Rule 4 (b)
Shop Steward 46 Article III, Rule 10 (i)
Show Up Pay * 39 Article III, Rule 6
Social Security „35 Article III, Rule 3 (m)
Standard Gross Wages 11 Article II, Section 2 (b)
Strikes & Lockouts 65 Article VIII
Substance Abuse „„„ 68 Article XI
Superintendent . 63 Article V
Supervisor’s Training «.„„,«„42 Article III, Rule 10
Surety Bonds 60 …. Article III, Rule 38 & 39
Temporary Wiring 52…. Article III, Rule 27 & 28
Termination of Employment 41 Article III, Rule 9
Tool Allowance, Fire & Theft 49 Article III, Rule 16
Tools – Employers 48 Article III, Rule 14
Tools – Personal 48 Article III, Rule 15
Tools – Sharpending 50 Article III, Rule 19
Total Gross Wages „„23 Article II, Section 13 (a)
TransitChek 59 Article III, Rule 33
Traveling Time & Expenses 40 Article III, Rule 8
Trust and Plan Documents 22 Article II, Section 12 (a)
Unemployment Insurance 27 Article III, Rule 2 (d) i
Union Membership 10 Article I, Section 2 (h)
Vacation Holiday and Unemp. Plan.14 Article II, Section 7
Vacations and Holidays 19 Article III, Section 10
Vehicle Use 51 Article III, Rule 25
Wage Payments 39 Article III, Rule 7
iii
INDEX
TITLE PAGE INDEX
Wage Rates 32 Art. Ill, Rule 3 (f)-(l), (o), (u)
Work Clothes Allowance, Fire & Theft … 49 Article III, Rule 16
Work Reporting Not Allowed to Start.39 Article III, Rule 6
Workday 31 Article III, Rule 3 (b)
Workers’ Compensation Insurance…28 Article III, Rule 2 (d) ii
Working Rules 26 Article III
Workplace Rules 55 Article III, Rule 29
Written Warning 41 Article III, Rule 9
iv
TELEPHONE INTERCONNECT EMPLOYEES
ARTICLE XIII
INDEX
TITLE PAGE SECTION
After Hours Work …….. 78 Section 7, Rule 3
Apprentices 80 Section 7, Rule 9
Call-Out 79 Section 7, Rule 4
Committee of Joint Board 73 Section 2
Deliveries, Emergency 80 Section 7, Rule 10
Effect of this Article 74 Section 6
Extent of Telephone
Interconnect Work 73 * ….. Section 4
Flex Hours 77 Section 7, Rule 2 (c)
Foreperson 75……. Section 7, Rule 1
Hiring Supervisors ,.„….,.81 Section 7, Rule 11
Licensing 74 Section 5
Maintenance Work 76 Section 7, Rule 2
No Strike 80 Section 7, Rule 6
Recognition 73……. . Section 3
Reimbursement of Expenses 80 Section 7, Rule 8
Remote Maintenance…., ……….78 Section 7, Rule 2 (d)
Tools– Personal 79 Section 7, Rule 5
Training Expense 80 Section 7, Rule 7
Work Rules 75 * Section 7
v
ADMINISTRATIVE EMPLOYEES
ARTICLE XIV
INDEX
TITLE PAGE SECTION
Additional Security Benefits Plan….88 …. Section 8
Annual Reporting of Employees 84 … Section 1
Annuity Plan 88 ………………… Section 7
Better Terms and Conditions 100 Section 30
Bonuses 97….. Section 22
Classifications 86.. Section 5
Confidential Employees 84 Section 1
Contributions on
Standard Gross Wages 97 Section 22
Credit Union …. 101……………………. Section 33
Deferred Salary Plan 93 Section 12
Delinquent Contributions……… 98 Section 23
Dental Benefit Plan 96 Section 20
Dues Program 102 ……… ……. Section 36
Educational & Cultural
Trust Fund 96 Section 19
Employment 101 Section 31
Health Reimbursement Account Plan 91 Section 11
Hiring Portal 101 Section 32
IBEW Approval 102 Section 38
IBEW Code of Excellence 102 Section 37
JIB’s Authority to Collect 98 ………………. Section 24
Moonlighting 100 Section 29
National Electrical Benefit Fund 98 Section 25
New Personnel– Notifications 84 Section 1
Overtime 86 Section 4
Pension, Hospitalization
and Benefit Plan 95 Section 18
Recognition and Representation 84……… Section 1
Trust and Plan Documents 98 Section 23
Seniority ……….95 Section 15
Separability 102 Section 35
Severance Pay 94 Section 14
Shop Stewards……. 100 …………….. Section 27
vi
ADMINISTRATIVE EMPLOYEES
ARTICLE XIV
INDEX
TITLE PAGE SECTION
Sick and Bereavement Days 96 Section 21
Social Security 95 Section 16
Stabilization 99 Section 26
Status as New Employee 94 Section 13
Subletting and Subcontracting 100 Section 28
Term of Agreement 85 Section 3
Trust and Plan Documents 98 Section 23
Union Security 85 Section 2
Vacations Holiday and Unemp Plan.88 Section 9
Vacations and Holidays 89 Section 10
Wages 87 Section 6
Work Week and Overtime 86 Section 4
vii
AGREEMENT by and between
NEW YORK ELECTRICAL
CONTRACTORS ASSOCIATION, INC.
hereinafter called the “Employer”, and
LOCAL UNION NO. 3 OF THE
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, AFL-CIO
hereinafter called the “Union”
The terms herein shall apply to all firms who sign a Letter of Assent to
be bound by the terms of this Agreement. The term “Employer” shall
mean each Employer who is a member of the New York Electrical
Contractors Association, Inc. and each independent electrical
contractor who signs a copy of this Agreement, or Memorandum of
Agreement to be bound by this Agreement or Letter of Assent. The
term “Union” shall mean Local Union No. 3, I.B.E.W., AFL-CIO.
The term “Employee” shall mean any person performing work
covered by this Agreement. The parties hereto are desirous of
preserving the harmonious and stabilized working conditions in the
Electrical Contracting Industry and hereby enter into this Agreement
as set forth below.
This Agreement covers the jurisdiction of Local Union No. 3 of the
International Brotherhood of Electrical Workers, AFL-CIO in New
York City. This Agreement covers inside and certain outside work.
I
WITNESSETH:
PREAMBLE
Section 1. The intent and purpose of this Agreement is to
effectuate the spirit and policies of industrial stability, and to endeavor
to raise the general level of the industry consistent with the trends of a
more equitable relationship between the Employer and the Employee.
Section 2. The vital interests of the public, the Employer and the
Employee in an industry are inseparably bound together. All will
benefit by a continuous, peaceful operation of the industrial process
and the dedication of the means of production for the common good.
Section 3. It is recognized and agreed that Union Electricians are,
on the average, better trained and qualified to perform electrical work.
It is further agreed that due to the efficiency of the members of the
Union, they are all entitled to receive the recognized legal prevailing
rate of wages, which has been established in New York City, plus all
benefits established in this Collective Bargaining Agreement, and are
entitled to such as if employed steadily for the entire year, which may
not be the case. The necessity of education, the years of
apprenticeship and vocational school attendance and the additional
necessary study and training to keep abreast of the continual changes,
developments and innovations in the many varied branches of the
electrical trade, plus the hazardous nature of the work, which is at all
times a threat to life, limb, health and safety, impel the Employers to
agree with the Union’s contention that Union electrical workers should
be employed by all electrical firms licensed to perform electrical work
and also on every electrical job in New York City at the prevailing
rate of wages.
The Electrical Industry, however, is a highly competitive one and has
for many years suffered the consequences of substandard competition
fostered by certain employers who have failed to negotiate collective
bargaining agreements with their Employees. For this and other
reasons, it is recognized that on certain types of work it is necessary
for the members of the Union to agree to a secondary rate of pay.
2
Such secondary rate must be agreed to by the Employer and the
Union. The Employers agree not to take advantage of this situation
and further agree that at such time as an impartial study of competitive
conditions in the electrical contracting industry indicates that a
secondary wage scale is no longer necessary they will wholeheartedly
cooperate in the Union’s efforts and desires to have every electrical
worker in New York City receive the recognized legal prevailing
wages and benefits.
The membership of the Union authorizes the Union to vary the terms
and conditions of this Agreement as required by competitive industry
conditions.
Section 4. (a) It is recognized and agreed that never before
has the Electrical Industry faced a more critical challenge than it does
today. Productivity must be increased to meet the threat of economic
and inflationary pressures that can destroy our industiy. Every
member of Local Union No. 3 and the Employers shall seek and
encourage the greatest possible productivity through:
1. New and improved methods of electrical installation.
2. The use of modem efficient tools and equipment.
3. The elimination of non-productive time wasting practices.
4. The close supervision of starting and quitting times and lunch
periods.
5. The development of a positive attitude and a cooperative spirit
towards a “TEAM EFFORT.”
The cooperation and support we must receive from these efforts will
in large measure contribute to the progress of our industiy, the success
of our contractors and the security of our Electricians.
3
(b) IBEW CODE OF EXCELLENCE
The Code of Excellence is a program designed to bring out the best in
our construction members and demonstrate to our customers that
IBEW members:
• Exercise safe and productive work practices
• Perform the highest quality and quantity of work
• Utilize their skills and abilities to the maximum
The Code of Excellence training is to convey a strong message that
IBEW construction members will:
• Arrive to work on time, ready and willing to work.
• Follow appropriate Employer and customer work rules.
• Promote an alcohol and drug free workplace.
• Work in a safe and healthy manner.
• Work productively for each hour’s pay and ensure
supervision has been notified when we need to leave the
jobsite.
• Respect management directives that are safe, reasonable
and legitimate.
• Respect the customer’s rights and property.
• Respect the rights of our coworkers.
• Utilize the skills and abilities we have learned to gain a
competitive advantage.
• Take care of the Employer’s tools and equipment as if they
were our own.
* Refuse to condone any act of property destruction,
including graffiti.
• Start work on time, work until the appropriate quitting time
and limit break periods to the time allowed.
* Use the proper tool for the job while maintaining personal
responsibility for our tools.
• Only sell merchandise or collect funds as authorized by the
Business Manager of the Local Union.
• Perform personal business, including cell phone use,
during authorized break periods only.
4
• Never participate in job slowdowns, disruptions or
activities designed to extend the job or create overtime.
* Always strive to conduct ourselves in a way that promotes
a positive image of the IBEW.
As with Stewards, IBEW members employed in
management/supervision must have knowledge of the Code of
Excellence program principles, its relationship to IBEW organizing
and overall membership responsibilities to the Brotherhood. Yet, more
importantly, members in these roles need to know how effectively
managing their jobs will be a corresponding obligation to the Code of
Excellence program. IBEW rank and file members honoring the Code
of Excellence program will rightfully have similar expectations of
Brothers and Sisters in management/supervision, with these being in
the areas of:
• Management responsibilities to the collective bargaining
agreement.
• Total acceptance of supervisory positions and related
responsibilities.
• Communication and cooperation with the job Steward.
• Employee encouragement but, if necessary, fair and
consistent discipline.
• Job safety, health and sanitation needs or requirements.
• Ample job layout/directions to minimize down time and
maximize Employee productivity.
• Availability and timely delivery of necessary materials.
• Proper number and type of tools and equipment to ensure
job progress.
Maintenance and upkeep of tools and equipment.
* Storage and protection of Employer and Employee tools
and equipment.
* Employ adequate number of Employees to perform
efficiently or, conversely, limit number of Employees to
the work at hand.
5
NECA DECLARATION OF GUIDING PRINCIPLES FOR
PARTNERSHIP AND CODE OF EXCELLENCE WITH IBEW
Members of NECA declare and proclaim the activities of partnering
and Code of Excellence with IBEW are intended to result in well¬
paying jobs to satisfy the economic needs of families including food,
housing, health care, education, recreation and economic security in
retirement. The purpose of partnering is also to fulfill emotional and
physical needs through skilled productive work, respect, dignity and
inclusion on challenging yet safe projects. Partnering will also allow
labor and management to share new experiences with proper
recognition and appreciation to all who participate.
Section 5. (a) There shall be no unlawful discrimination in
any employment decision, including but not limited to recruitment,
hiring, compensation, training, apprenticeship, promotion, demotion,
downgrading, transfer, layoff, termination, union activity or any other
term and condition of employment on the basis of actual or perceived
race, creed, color, religion, national origin, alienage or citizenship
status, ancestry, age, mental or physical disability, sex, pregnancy,
breastfeeding or nursing status, childbirth, caregiver status, marital or
partnership status, sexual orientation or gender identity, genetic
information, arrest record, status as victim of domestic violence,
sexual violence or stalking, unemployment status, status as veteran or
active military service member, or any other characteristic protected
by applicable federal, state or local laws.
(b) It is recognized and agreed that the Electrical
Industry’s comprehensive, non-discriminatory Apprenticeship
Program and the Union’s Training Program to promote minority
training in the electrical industry and its comprehensive organizational
program, whereby the Union has organized and continues to organize
without discrimination, all employees of non-union electrical
contractors and has provided ample and sufficient training for persons
desiring to become electricians. The Union and the Employer agree to
the continuing development and improvement of an inclusive hiring
program and to preclude discriminatory practices by any party to this
Agreement on the basis of characteristics listed in 5(a) above against
persons who may be qualified for employment under this Agreement.
6
(c) The Union and the Employer agree to continue
to cooperate with each other in their individual and mutual efforts to
achieve full compliance with all anti-discrimination laws and to
further promote the principles of equal employment opportunity,
diversity and inclusion in the future. The parties will make efforts to
avoid minority underrepresentation regarding Supervision and
overrepresentation in workforce reductions. At the time of hire, all
Employees will be provided with information by their Employer
concerning industry-wide principles of non-discrimination, equal
employment opportunity, diversity and inclusion.
ARTICLE I
Section 1. The terms of this Agreement or any modifications
thereof shall be binding until termination of this Agreement as defined
in Section 2 of this Article, upon each Employer employing electrical
workers and shall cover the territory where Local Union No. 3 has
jurisdiction. Any masculine references used in this Agreement, for
convenience only, shall refer to all Employees. Any reference to
electricians shall mean journeypersons, apprentices, helpers and other
classifications that may be agreed to by the Parties.
Section 2. (a) This Agreement, including the working rules
contained in Article III hereof which are a part of this Agreement,
shall take effect on April 9, 2025 at 4:01 P.M., and shall remain in
effect until April 12, 2028 at 4:00 P.M., unless otherwise provided in
this Agreement. It shall continue in effect from year to year
thereafter, provided, however, any party hereto may terminate this
Agreement on April 12, 2028, and any time thereafter by giving the
other party at least ninety (90) days’ notice in writing of modification
or termination prior to April 12th of such year.
(b) The Union agrees that if, during the life of this
Agreement, it grants to any other Employer in the Electrical
Contracting Industry, on work covered by this Agreement, any better
terms or conditions than those set forth in this Agreement, such better
terms or conditions shall be made available to the Employer under this
7
Agreement and the Union shall immediately notify the Employer of
any such concession.
(c) The jurisdiction of the Union shall include but
not be limited to:
(i) The manufacture, assembly,
construction, installation, erection, repair or maintenance
of all materials, equipment, apparatus and appliances
required in the production of electricity and its effects.
(ii) The installation, preparation,
raceways and supports of any conductor that may carry
current of any means, such as but not limited to wire, light
or sound to the completion of any system including but not
limited to cells, data, video or voice. This work shall
include but not be limited to all welding, splicing,
instrumentation testing or any other support methods of
specialty skills needed to complete any type of job.
(iii) The operation, inspection and
supervision of all electrical equipment, apparatus,
appliances, or devices by which the energy known as
electricity is generated, utilized and controlled, including
lightning protection.
(iv) The manufacture, assembly,
construction, installation, erection, repair or maintenance
of all materials, equipment, apparatus and appliances
required in the transmission of data, voice, sound, video
and other emerging technologies (including fiber optics,
high speed data cable, etc.).
(v) The manufacture, assembly,
construction, installation, alteration, erection, integration
and repair or maintenance of sustainable design systems
(clean energy and renewables) that collect, convey,
convert, store or manipulate energy for the purpose of
providing light, power, control or communications in a
8
manner that conserves, enhances or promotes a healthy
environment.
(d) All Employers who are a party to this
Agreement hereby acknowledge and agree that the jurisdiction of the
Union as set forth in the Agreement, as well as all work traditionally
performed by members of the Union, is recognized as the work and
jurisdiction of members of the Union. Members of the Union in the
Expeditor Division may perform the functions set forth in their
Agreement. Each Employer who is a party to this Agreement shall
perform such work only pursuant to this Agreement. The Union’s
jurisdiction over the work set forth herein will supersede any and all
other agreements or arrangements Employers enter into.
(e) Pursuant to the Rules and Regulations of the
Joint Industry Board, there may be submitted to the Chairperson of the
Joint Industiy Board, any question or controversy or dispute between
the parties to this Agreement. If the Chairperson of the Joint Industry
Board fails to reach a decision or an appeal is taken from the
Chairperson’s decision, the Council on Industrial Relations for the
Electrical Industry or the American Arbitration Association may be
selected as the arbitration agency which will render a decision de
novo. Any decision made by the Arbitrator shall be final and binding
on all parties to the dispute. Notwithstanding the foregoing, or any
contrary provisions of the Rules and Regulations of the JIB, there
shall be no appeal from a decision of the Chairperson with respect to
the late hiring of furlough replacements, which shall be final and
binding on all parties to the dispute.
(f) Should any party to this Agreement desire to
modify or amend any article in this Agreement, a notice in writing
specifying the article desired changed must be given to the other party.
Such changes shall be made by mutual consent, provided same are in
writing and signed by all parties.
(g) The Union understands the Employer is
responsible to perform the work required by the owner. The
Employer shall therefore have no restrictions, except those
specifically provided for in the Collective Bargaining Agreement in
9
planning, directing, and controlling the operation of all its work, in
deciding the number and kind of Employees to properly perform the
work, in hiring and laying off Employees, in transferring Employees
from job to job within the Local Union’s geographical jurisdiction, in
determining the need and number as well as the person who will act as
Foreperson, in requiring all Employees to observe the Employer’s
and/or owner’s rules and regulations not inconsistent with this
Agreement, in requiring all Employees to observe all safety
regulations, and in discharging Employees for proper cause.
(h) Except as otherwise provided herein, all
Employees employed by the Employer, shall, as a condition of
employment, be or become members of the Union on the 11th day
following the beginning of their employment. All Employees who are
or become members of the Union shall remain members of the Union
during the term of this Agreement as a condition of employment.
(i) The Employer agrees that, to effect the Union’s
organizing efforts, the Union has the authority to rate the skills of non¬
union electrical personnel who are being organized, place them in
appropriate Classifications/Divisions in the Union, and determine the
extent and pace of their progression so long as such good faith and
non-discriminatory determinations do not undermine the Union’s
contractual commitments to the Employer.
ARTICLE II
Section 1. There shall be a Joint Industry Board consisting of
fourteen (14) persons representing the Union and fourteen (14)
persons representing the Employers. The Joint Industry Board may
petition the United States District Court for the Eastern District of
New York or another competent body for the appointment of a person
to represent the public and become an ex-officio member of the Joint
Industry Board. By Februaiy 1st of each year, the parties shall notify
each other in writing of the names of their representatives to this Joint
Industry Board.
10
Section 2. (a) The Joint Industry Board shall establish rules and
regulations under which it will operate and shall have the power to
modify or amend such rules and regulations and will seek to promote
harmony between the Employers and the Employees in the industry,
and will study and institute a program which will make it possible for
the industry to be of greater assistance to those purchasing services,
the potential purchasers and the general public. All rules and
regulations, modifications or amendments thereto shall be sent in
printed form to all parties to this Agreement and all individual
Employers employing electricians represented by the Union under the
terms of this Agreement.
(b) Whenever used in this Agreement, the term
“Standard Gross Wages” is defined as the wages calculated at the
regular straight time hourly wage for that shift (i.e.: the effective
hourly rate for the shift) including the straight time portion of
overtime pay and any overscale wages paid as part of the regular
straight time hourly rate. For purposes of calculating benefit
contributions, and not in the calculation of minimum wages, Standard
Gross Wages also includes, but shall not be limited to, all
compensation paid to an Employee by the Employer for vacations,
holidays, sick days, personal time, non-accountable expenses,
bereavement, performance incentives, commissions and bonuses,
other than two bonuses a year as defined herein, unless specifically
stated otherwise in this Agreement.
(c) Bonuses for all classifications of workers can be
paid twice a year provided that the total of the two bonuses does not
exceed fifty (50%) percent of the Employee’s wages. In the event the
bonuses do exceed fifty (50%) percent of the wages in any one year,
the limitation will be recalculated based upon the individual’s average
total wages from that Employer for the last four (4) years, as
compared to his/her average total bonuses earned during the same
period.
If the Bonuses exceed fifty (50%) percent, the Employer must pay
contributions only to the Pension, Hospitalization and Benefit Plan
based on the excess bonus.
II
(d) For purposes of the contributions to the Pension,
Hospitalization and Benefit Plan of the Electrical Industry, the Dental
Benefit Plan of the Electrical Industry and the Educational and
Cultural Trust Fund of the Electrical Industry, the maximum weekly
salary upon which the contributions will be made for Superintendents,
Assistant Superintendents and for “A” Joumeypersons working as
Project Managers shall be:
Effective 4/9/25
Superintendent:
Asst. Superintendent:
AJ Working as Project Managers:
$3,025.00
$3,025.00
$2,460.00
Section3. The Joint Industry Board shall administer the Pension,
Hospitalization and Benefit Plan of the Electrical Industry. All
Employers shall remit weekly the following percentages of the
Standard Gross Wages to the Pension, Hospitalization and Benefit
Plan for the following categories of Employees:
i i—s-iub ui iii- nrin mb ann
Effective
„4/9/25
Effective
4/15/26
Effective
4/14/27 f
yr. Apprentices
20.92% plus
$2.00/hr to the
Welfare Plan
20.92% plus
$2.50/hr to the
Welfare^Plan__
20.92% plus
$3.00/hr to the!
Welfare Plan ;
[ “M”Heipers
I
20.92% plus
$2.00/hr to
the Welfare
Plan
20.92% plus
$2.50/hr to the
Welfare Plan
20.92% plus i
$3.00/hr to the=
Welfare Plan i
; “MU” and
j Joumeypersons on
rated_w^
22.92% plus
$2.00/hr to the
Welfare Plan, _
22.92% plus
$2.50/hrto the
Welfare Plan_
22.92% plus ?
$3.00/hr to thej
.Welfare PlanJ
1 Joumeypersons on
| “A” rated work
1i
39.45% plus
$10.00/hr to
the Welfare
Plan
39.45% plus
$11.00/hrto
the Welfare
Plan
39.45% plus
$11.00/hrto
the Welfare
Plan
junataii «ai3*-raFtS!——— .
12
Section 4. The Joint Industry Board shall administer the Dental
Benefit Plan of the Electrical Industry. Employers shall remit weekly
the following percentage of Standard Gross Wages to the Dental
Benefit Plan:
a 2nd, 3rd and
Apprentices
4th year Effective 4/9/25:
Effective 4/14/27:
2.04%
2.54%
b. “M” Helpers Effective 4/9/25:
Effective 4/14/27:
2.04%
2.54%
c. “MU” and Joumeypersons
on “M” rated work
Effective 4/9/25:
Effective 4/14/27:
2.04%
2.54%
d. Joumeypersons on
work
“A” rated Effective 4/9/25:
Effective 4/14/27:
3.14%
4.14%
Section 5. The Joint Industry Board shall administer the Annuity
Plan of the Electrical Industry. Employers shall make contributions as
follows:
; Effective
[4/9/25 J
i Effective
[4/15/26 |’1 Effective 4/14/27
|‘1st,2nd,3rd
: and 4th yr.
Apprentices
£ who entered the
; Apprentice
! Program prior
E to April 13,
| 2022
: $2.00/hr | $2.00/hr i $2.50/hr
‘ “MU”and
; Joumeypersons
z on “M” rated
! work
……………
$3.00/hr $3.00/hr J $3.00/hr
f $2.00/hr ..$2-00/hr _ .. $2.50/hr
| Joumeypersons *
on “A” rated
J work
1
; $7.00/hr $7.50/hr | $9.00/hr
1 /
13
In lieu of the Annuity Plan contributions, apprentices entering the
Apprenticeship Program after April 13, 2022 shall have contributions
made on their behalf to the “Apprenticeship Graduation Fund” to a
segregated holding account established by the Training Program to
fund a graduation award described below, in lieu of the Annuity Plan
contributions as follows:
a. April 9, 2025:
b. April 14, 2027:
$2.00 per hour
$2.50 per hour
Upon graduation, Apprentices will receive a contribution to the
Annuity Plan of the Electrical Industry in the amount of all the
contributions paid by the Apprentice’s employer(s) to the
Apprenticeship Graduation Fund on their behalf, plus earnings thereon
accumulated in the segregated account. In the event an Apprentice
leaves the Program without graduating, any contributions paid on their
behalf, plus earnings, will be forfeited and retained by the Joint
Apprentice Training Fund.
The Parties reserve the right to redirect any scheduled contributions to
the Annuity Plan to other Benefit Plans provided for in this
Agreement if the Parties feel that the additional contributions are
needed for the financial stability of the Benefit Plans including the Job
Security Fund.
Except as required by law, there shall be no cap on the amounts
contributed to the Annuity Plan of the Electrical Industry on behalf of
a participant.
Section 6. The Joint Industry Board shall administer the Additional
Security Benefits Plan of the Electrical Industry (ASBP).
Section 7. The Vacation Holiday and Unemployment Plan of the
Electrical Industry has been merged into the Welfare Plan of the
Pension, Hospitalization and Benefit Plan of the Electrical Industry
(the “Welfare Plan”). Benefits formerly paid from the VHUP will be
paid by the Welfare Plan according to the terms of the Welfare Plan.
14
Section 8. The Joint Industry Board shall administer the Health
Reimbursement Account Plan of the Electrical Industry. The Health
Reimbursement Account Plan shall allow participants to be
reimbursed for health expenses not covered by the benefit plans
administered by the Joint Industry Board, up to the amount of their
individual account balances. Employers shall contribute to the Joint
Industry Board with respect to the Health Reimbursement Account
Plan on behalf of their Employees for each hour worked for which pay
is received as follows effective 4/9/25:
a. 1st, 2nd, 3rd and 4th
Year Apprentices: $2.75
b. “MU” and Joumeypersons
on “M” work: $5.00
c. “M” and “H Telephone”
Helpers: $2.75
d. Joumeypersons on “A” nA
rated work:
Contributions will be credited to each Employee’s Health
Reimbursement Account until the Employee’s account balance
reaches the maximum account balance allowed by the Plan, as
determined from time to time by the Joint Industry Board. When an
Employee’s account balance reaches the maximum allowable amount,
future contributions which would otherwise be payable to the Health
Reimbursement Account Plan will instead be payable to the Deferred
Salary Plan on the Employee’s behalf as an Employer contribution as
set forth in Section 9 below. In accordance with the terms of the
Health Reimbursement Account Plan, each Employee’s Health
Reimbursement Account will be reviewed periodically. If during such
periodic review, a participant’s account balance is found to be below
the maximum allowable account balance, the contributions will again
be payable to the Health Reimbursement Account Plan on the
Employee’s behalf until the maximum allowable account balance is
reached, at which time, again, future contributions will be redirected
to the Deferred Salary Plan as an Employer contribution. This method
15
shall be used to periodically replenish an Employee’s account balance
in the Health Reimbursement Account.
Section 9. The Joint Industry Board shall administer the Deferred
Salaiy Plan of the Electrical Industry. Employers shall contribute to
the Plan on behalf of their Employees as follows:
a. Deferred Wages: All “A” rated Joumeypersons,
Joumeypersons on “M” rated work, MIJs, 3rd
year apprentices and higher classifications, plus
3rd year “M” Helpers and higher classifications
shall participate in the Plan by deferring a
minimum of one (1%) percent of their gross
weekly wage. All deferred wages shall be
forwarded weekly to the Joint Industry Board or
such other entity designated by the Trustees of
the Deferred Salary Plan to receive said
deferred wages at the time periods established
by the Plan Trustees and they shall be credited
to the Participants’ accounts.
b. Employer Contributions: Employers shall
contribute to the Plan on behalf of their
Employees as follows:
i. 1st, 2nd, 3rd and 4lh year Apprentices:
a. $2.50 per hour, plus;
b. Fifteen and one-half (15.5%)
percent of the Employee’s Standard
Gross Wages, plus;
c. contributions otherwise
payable to the Health
Reimbursement Account Plan after
the Employee’s account balance in
the Health Reimbursement Account
16
Plan reaches its maximum allowable
amount.
ii. “MU” and Joumeypersons on “M” rated
work:
a. an amount equal to the
Employee’s weekly payroll
deductions for FICA (Social
Security and Medicare). In no
instance shall the annual cumulative
amount of the portion of the
contribution on an Employee’s
behalf exceed the maximum annual
Employee FICA payment as
required by law. The Joint Industry
Board shall advise the Employer of
the Employee’s status at the time of
employment, plus;
b. $1.50 per hour, plus;
c. Fifteen and one-half (15.5%)
percent of the Employee’s Standard
Gross Wages, plus;
d. contributions otherwise
payable to the Health
Reimbursement Account Plan after
the Employee’s account balance in
the Health Reimbursement Account
Plan reaches its maximum allowable
amount.
iii. “M” Helpers:
a. $2.50 per hour, plus;
17
b. Fifteen and one-half (15.5%)
percent of the Employee’s Standard
Gross Wages, plus;
c. contributions otherwise
payable to the Health
Reimbursement Account Plan after
the Employee’s account balance in
the Health Reimbursement Account
Plan reaches its maximum allowable
amount.
iv. Joumeypersons on “A” rated work:
a. an amount equal to the
Employee’s weekly payroll
deductions for FICA (Social
Security and Medicare). In no
instance shall the annual cumulative
amount of this portion of the
contribution on an Employee’s
behalf exceed the maximum annual
Employee FICA payment as
required by law. The Joint Industry
Board shall advise the Employer of
the Employee’s status at the time of
employment, plus;
b. sixteen and one-half (16.5%)
percent of the Employee’s Standard
Gross Wages, plus;
c. contributions otherwise payable to the Health
Reimbursement Account Plan after the
Employee’s account balance in the Health
Reimbursement Account Plan reaches its
maximum allowable amount.
18
Employers must provide Employees with Deferred Salary Plan
election forms, provided by the Plan, so they can direct a portion of
their wages as allowed under this Agreement.
The contributions made in this section, in addition to any other section
relating to paid sick days, are made in lieu of paid sick days to the
Employees. By the Parties agreeing to this provision, they expressly
waive the provisions of any New York City “Earned Safe and Sick
Time Act,” “New York State’s Paid Sick Leave Law” or comparable
legislation that may be enacted by any local, state or federal
government on the basis that comparable benefits are provided to the
Employees covered by this collective bargaining agreement in the
form of paid days off.
Roth 401k Plan. All Employees shall have the option to participate in
the Roth 401k Plan to be funded solely by Employee contributions.
The Employer shall deduct and forward all Employee Roth 401k
contributions to the Deferred Salary Plan or where directed.
Section 10. Vacations and Holidays
Regardless of whether or not an Employee withdraws money or has
sufficient funds to withdraw vacation pay, each Employee must take
vacation time off each year for the length of time for which the
Employee is entitled to vacation allowance, unless vacations are
suspended pursuant to the terms of the Employment Plan.
All Employees covered by this Agreement shall receive at least two
(2) weeks vacation each year.
Employees who are eligible to receive a vacation and who have
worked for or have been unemployed and available for work for
contributing Employers seven (7) years or more as of March 1st shall
be granted three (3) weeks vacation each year.
Employees who are eligible to receive a vacation and who have
worked for or have been unemployed and available for work for
contributing Employers for fifteen (15) years or more as of March 1st
shall be granted four (4) weeks vacation each year.
19
Employees who are eligible to receive a vacation and who have
worked for or have been unemployed and available for work for
contributing Employers for thirty (30) years or more as of March 1st
shall be granted five (5) weeks vacation each year.
In the event an Employee starts work in the Industry after the start of
the vacation eligibility period, consideration for a partial vacation will
be given.
Between June 15 and September 15, the continuous length of vacation
shall not be more than two (2) weeks, except as mutually agreed upon
by the Employer and the Employee.
If an Employee is entitled to three or more weeks’ vacation, the
Employee can take one (1) week in days with the prior approval of the
Employer.
Payment for Vacation, Holidays and Unemployment will be paid in
the following order of Funds:
(a) All participants with an account balance in the
Welfare Plan (formerly the Vacation Holiday and Unemployment
Plan) shall be paid from Welfare Plan in accordance with the rules
established by the Trustees of the Welfare Plan for vacations,
unemployment and Holidays, to the extent the Employee has an
account balance.
(b) AH Employees with an account balance in the
Additional Security Benefits Plan shall be entitled to receive vacation
and holiday expense from the Additional Security Benefits Plan in
accordance with its established rules, to the extent the Employee has
an account balance.
(c) All eligible participants, upon the exhaustion of
their funds in the Welfare Plan account and the Additional Security
Benefits Plan, can withdraw funds for vacations and holidays from the
Deferred Salary Plan in accordance with the rules established by the
Trustees of the Deferred Salary Plan.
20
(d) The Employers shall pay the First Year
Apprentices and First Term Helpers holiday pay in their weekly pay
check. The Employers shall only be required to make contributions
for statutory benefits on these wages paid for holiday pay to the First
Year Apprentices and First Term Helpers.
(e) Holidays: New Year’s Day, Martin Luther
King Jr. Day, Presidents’ Day, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Harry
Van Arsdale Jr.’s Birthday, which shall be celebrated on the day after
Thanksgiving Day and Christmas Day shall be paid holidays. In the
event any of the regular holidays fall on a Saturday, the holiday will
be celebrated the preceding Friday. In the event any regular holiday
falls on a Sunday, it will be celebrated the next day, Monday, unless it
is otherwise officially observed.
If an Employee is working on a job governed by a Project Labor
Agreement (PLA), the terms of the PLA shall supersede this section
regarding holidays and the day off if the holiday falls on a Saturday or
Sunday.
In accordance with Article III, Rule 4(a) of this Agreement,
Electricians working on a holiday specified above shall be paid by the
Employer at the rate of time and one-half for those hours worked, in
addition to the holiday benefit above.
Employees shall have the option to take off seven (7) wage
replacement days, plus one additional wage replacement day for
Juneteenth. Wage replacement days are days the Employee may take
off without any penalty or repercussions on the job and may take
money out of the Employee’s Welfare Plan account, Additional
Security Benefit Plan or Deferred Salary Plan account equal to the
day’s pay, if the Employee has funds available in any of these
accounts. Employees working on these days shall be paid at the
straight time rate.
Section 11. The Joint Industry Board shall administer the
Educational and Cultural Trust Fund established for educational,
training and cultural purposes. Employers shall contribute to the
21
Educational and Cultural Trust Fund based upon their Employees’
Standard Gross Wages as follows:
a. Joumeypersons on “A” Rated work shall be 1.67%.
b. Joumeypersons on “M” Rated work and Mil’s shall be
0.52%.
c. 1st, 2nd, 3rd or 4th year Apprentices and “M” Helpers
shall be 0.52%.
Of the amount being contributed, up to $150,000 per year will be used
to provide training for Commercial Drivers Licenses.
The Fund, in addition to its other functions, may grant eligible
Joumeyperson Electricians and other participants an opportunity to
attend educational courses conducted at an approved facility, and pay
a sum up to six hundred twenty-five dollars ($625.00) for a one (1)
week course of study, at the satisfactory conclusion of their studies.
Section 12. (a) The parties to this Agreement hereby agree to, and
shall be bound by, the provisions of each of the Plan and Trust
documents and all amendments thereto as duly adopted by the
respective Trustees, established and maintained for purposes of
implementing the benefits provided for in this Agreement, as well as
the Job Security Fund, as if such documents were incorporated into
and made a part of this Agreement, including but not limited to, the
Policy for the Collection of Delinquent Contributions as duly adopted
and amended by the JIB and the requirements of ERISA. Specifically,
the Employers shall be liable for the remedies under Section 502 (g)
(2) of ERISA, including liquidated damages of twenty (20%) percent,
in the event of entry of judgment against the Employer in an action or
proceeding to collect delinquent contributions.
(b) The Chairperson of the Joint Industry Board shall
have the authority to suspend or reduce contributions to the Job
Security Fund’s Benefit and Wage Plan (“Delinquency Fund’’) when,
the amount in the Delinquency Fund is more than seventy (70%)
percent of the average weekly payroll or the amount of the
22
delinquencies is less than forty (40%) percent of the amount in the
Delinquency Fund and additional contributions are not necessary to
protect the financial stability of the benefit plans, or in the
Chairperson’s discretion, if additional funds are not needed. Any such
suspension or reduction of the contributions will recommence upon
notice from the Chairperson.
Section 13. (a) Benefit contributions to the Pension,
Hospitalization and Benefit Plan, the Dental Benefit Plan, the
Educational and Cultural Trust Fund, the Job Security Fund, the
Health Reimbursement Account Plan, the Deferred Salary Plan of the
Electrical Industry for non-FICA equivalent contributions, the Legal
Services Plan and the Joint Industry Board will be paid on “Standard
Gross Wages” as defined herein, or on an hourly basis if specified
herein. Benefit contributions and payments to the National Electrical
Benefit Fund, the Electrical Employers Self Insurance Safety Plan and
that portion of the contributions to the Deferred Salary Plan which is
based upon the FICA withholdings, shall be paid on the Total Gross
Wages. “Total Gross Wages” is the Standard Gross Wages plus all
overtime wages.
(b) All Employers who maintain their records
electronically shall submit electronic payroll, expense and cash
disbursement records when audited by the Joint Industry Board.
(c) After due notice, any audit report or an estimate
based upon prior payroll reports issued by or for the JIB relating to the
Employer’s contribution obligation is admissible evidence, and the
amounts found to be due in such audit or estimate are owed by the
Employer to the JIB unless the Employer provides evidence that
contradicts the audit or estimate, in which case the audit or estimate is
contested and the trier of fact shall make a determination based upon
relevant testimonial and documentary evidence.
Section 14. (a) An Employment Committee consisting of four
Employer representatives and four Union representatives designated
by the parties to this Agreement shall be granted the authority to
continuously review the activities, records and reports of the
23
Employment Plan as administered by the Employment Department of
the Joint Industry Board.
(b) The Employment Plan of the Electrical
Contracting Industry, as amended in 2025, and from time to time
thereafter, shall remain in effect as part of this Collective Bargaining
Agreement.
Section 15. The Joint Industry Board shall administer all the
Employee benefit plans agreed to in this Agreement subject to the
oversight of the Plan Trustees and the limitations in the individual
Plans.
Section 16. The cost of the administration of the Joint Industry
Board shall be borne by the Employers of the Industry, and shall, for
all purposes, constitute an expense of doing business of the Employers
under this Agreement. The Employers shall remit one-quarter of one
(0.25%) percent of their weekly Standard Gross Wages to the Joint
Industry Board for all employees except Apprentices, “M,” “M”
Helpers and “MU” Joumeypersons and ADM to fund the operational
expenses of the Joint Industry Board.
The contribution to the Joint Industry Board shall not be reduced by or
be paid in lieu of any additional contribution required to be made
pursuant to a national or area agreement unless specifically set forth
herein.
Section 17. The Joint Industry Board is authorized to collect any
amounts that the Employer agrees or is obligated to deduct from the
Employees’ paychecks, including, but not limited to: Union dues,
Union assessments, Ioan repayments, paid family leave and I.B.E.W.
PAC contributions, which shall be subject to the same delinquency
and interest rules. Each Employer is required to have each of their
Employees complete an “Employee Payroll Deduction Authorization”
on the approved form which must be sent to the Union.
Section 18. Notwithstanding any other provision of this Agreement,
including Article I, Section 2(a), which states that the Agreement may
be terminated upon ninety days advance written notice, the obligation
24
to contribute to the Plans administered by the JIB shall continue
following expiration of this Agreement until the Employer notifies
both the Plans and the Union in writing that the Parties have reached
impasse in negotiating a renewal Agreement. Thereafter, the
obligations of the Parties shall be governed by applicable law.
Section 19. Apprentice Training Fund The Joint Industry Board
shall administer the Electrical Industry Apprentice Training Program.
Employers shall contribute the following percentage of Standard
Gross Wages for all Employees except for their apprentices, “M”,
“M” Helpers and “MU” Joumeypersons and ADM:
Effective 4/9/25: 1.55%
Effective 4/14/27: 2.05%
Section 20. Job Security Fund The Joint Industry Board shall
administer the Job Security Fund of the Electrical Industry. For “A”
Joumeypersons, the Employers shall contribute 0.55% of the weekly
Standard Gross Wages (0.25% to the Benefit and Wage Plan and
0.30% percent to the Employment Plan). Contributions to the Job
Targeting Fund will be an allocation agreed to from time to time by
the Union and the Employer. For all other job classifications,
Employers shall contribute 0.25% percent of the weekly Standard
Gross Wages (to the Benefit and Wage Plan). The contribution
payable to the Benefit and Wage Plan is subject to rules established by
the trustees of the Job Security Fund of the Electrical Industry.
Section 21. Legal Services Plan The Joint Industry Board shall
administer the Legal Services Plan of the Electrical Industry.
Employers shall contribute to the Legal Services Plan 0.15% of the
weekly Standard Gross Wages for “A” Joumeypersons, “A”
Telephone workers, “M” Joumeypersons, “MIJ”, Apprentices and
Helpers in their employ.
25
ARTICLE III
The following Working Rules shall be part of this Agreement:
Rule 1. Joumeyperson Electricians shall not contract for any
electrical work or carry a license for any Employer. Joumeyperson
Electricians shall not work for Employers who are not parties to this
Agreement or a separate agreement containing the same terms as this
Agreement, or for Employers who do not comply with the terms of
this Agreement and the Working Rules. This rule does not apply to
regular maintenance work and organizing activities.
Any party who alleges a violation of this Rule may submit the matter
to the Joint Industry Board pursuant to Rule III of the Rules and
Regulations of the Joint Industry Board of the Electrical Industry for
determination.
Rule 2. (a) It is recognized that economic planning is necessary
and essential to maintain industrial stability and that statistics are
vitally important to accomplish this. Therefore, it is agreed that
individual Employers shall furnish to the Joint Industry Board a
weekly payroll report. This payroll report shall be submitted for the
current week every Monday in an electronic form acceptable to the
Joint Industry Board. Uniform electronic formats for this purpose
shall be furnished by the Joint Industiy Board. Any Employer who
repeatedly fails to carry out this requirement shall be summoned to
appear before the Joint Industry Board. In the event such Employer
fails to satisfy the Joint Industry Board as to the reason for their
repeated failure to meet the requirement, such Employer may be
required to pay monies as liquidated damages. All monies collected
as liquidated damages shall be paid to the specifically affected funds.
(b) An individual Employer shall maintain a
permanent place of business, with a business telephone, and open to
the public during normal business hours. This place of business shall
not be connected with, or be a part of, a domestic establishment. It is
further understood that the word “Employer” is defined as any
individual, partnership, corporation or other business entity engaged in
26
the electrical contracting industry with a license, or a business
associate who carries a license which has been duly issued by the
Department of Buildings.
(c) Opportunity for field training will be provided
for the Employer’s children where this training is intended to qualify
the individual to succeed to a management position in the firm
provided that:
i. The period of time worked in the
field cannot be longer than the time necessary to obtain
an electrical license, and
ii. The Employer must sign a
Participation Agreement covering the child with the
benefit payments and salary to be at least the same as
the contractual requirements for a “M” Helper and
shall follow the progression to a “M” Joumeyperson.
If the Participant is paid a salary higher than the
contractual rate the actual rate of pay shall be used
when calculating benefits.
(d) i. The individual Employer shall carry
unemployment insurance for every bargaining unit Employee
employed, regardless of the number of Employees, and shall pay for
same to the New York State Unemployment Insurance Fund and shall
file with the Union the identification number issued by the New York
State Department of Labor, Division of Employment.
ii. Every individual Employer shall carry
Workers’ Compensation Insurance through the Electrical Employers
Self Insurance Safety Plan (EESISP) unless a particular job is
specifically excluded by the Union, or there is a wrap-up policy for
the job that the Employer can participate in providing statutory
coverage and such other insurance as may be required by the laws of
the State of New York. The Employer shall furnish satisfactory proof
of such insurance and comply with all other conditions set by EESISP
for exclusion. Any exclusion from EESISP shall not be subject to
27
Article I Section 2(b). The Joint Industry Board shall, at the direction
of EESISP’s Executive Committee, administer the operation of
EESISP. Those electrical workers suffering from the injuries defined
by the Executive Committee of EESISP as qualifying for
supplemental benefits, may be paid a supplemental benefit up to $155
per week in addition to the statutory workers’ compensation payments.
The supplemental benefit shall be in an amount which, when added to
the statutory benefit, will not exceed two-thirds (2/3) of the
individual’s wages.
iii. Every Employer agrees to be a member of
and participate in the Electrical Industry’s Self Insurance Disability
Plan through the Electrical Employers Self Insurance Safety Plan,
with exceptions as recommended by the Joint Industry Board. As
participants in the above Plan, Employees of the Employer shall
receive the disability rate established by New York State Disability
Law for twenty-six (26) weeks of disability benefits.
For those disabilities defined by the Executive Committee of the
Electrical Employers Self Insurance Safety Plan, the supplemental
weekly disability benefit rate shall be Three Hundred ($300) Dollars,
but not greater than the Employee’s regular salary when added to the
New York State statutoiy rate.
The current premium rate for disability benefits shall be one-half
of one (0.50%) percent to adequately fund the statutory and
supplemental disability benefits.
iv. If an individual who received
supplemental Workers’ Compensation or supplemental disability
benefits has a recovery from a third party, the individual must
reimburse EESISP for the total amount of all supplemental benefits as
well as EESISP’s recoverable statutory lien.
v. The Joint Industry Board shall
appoint a committee composed of an equal number of Employer and
Union representatives to maintain a program for the administration
and adjudication of Workers’ Compensation claims by Alternate
28
Dispute Resolution, to be administered by EESISP, and for the
selection of health care providers and facilities to render medical and
related treatment of work-related injuries and illnesses, pursuant to
subdivision 2-C of Section 25 of the Workers’ Compensation Law and
to provide or administer independent medical exams through the
managed care network. The Committee shall establish procedures for
the ADR Program which is comprised of both mediation and
arbitration. The Committee will hire a panel of arbitrators to be used
on a rotating basis, and will review whether to similarly hire a panel of
mediators, and will periodically review the program. Such programs
established by the Committee are subject to the final approval of the
signatories to this Agreement.
Any dispute concerning the ethics or the impartiality of the mediator
or arbitrator assigned to a case shall be promptly raised by a party to
the Chairman of the Joint Industry Board for a decision that shall be
binding on all parties.
vi. Every Employer shall provide coverage
for the NYS Paid Family Leave Act through EESISP. Premium
payroll deductions shall be made from each Employee’s pay check, as
set by the EESISP Trustees, and forwarded to EESISP.
(e) Job safety meetings shall be mandatory on all
jobs and held at times designated by the Employer.
(f) Every individual Employer agrees, in addition
to its regular work, to solicit and perform residential, industrial and
small types of work. The Employer will continually endeavor to make
available and increase the volume of employment for electrical
workers through marketing, enterprising business methods, being
properly equipped to render efficient electrical services to the
community, by promoting and encouraging modem installations and
aiding the industry to educate the public of the need for improved
electrical installations and expansion.
(g) i. In order to protect and preserve, for the
Employees covered by this Agreement, all work heretofore performed
by them and in order to prevent any device or subterfuge to avoid the
29
protection and preservation of such work, it is hereby agreed as
follows: If and when an Employer shall perform any on-site
construction work of the type covered by this Agreement, under its
own name or under the name of another, as a corporation, company,
partnership, or any other business entity including a joint venture,
wherein the Employer, through its officers, directors, partners,
stockholders, or family members exercises either directly or indirectly,
management control or majority ownership, the terms and conditions
of this Agreement shall be applicable to all such work. All charges of
violations of this section shall be considered as a dispute and shall be
processed in accordance with the provisions of this Agreement
covering the procedure for handling of grievances and the final and
binding resolution of disputes.
ii. As a remedy for violation of this section,
the Joint Industry Board, pursuant to its Rules, is empowered, in its
discretion or at the request of the Union, to require an Employer to (1)
pay to affected Employees covered by this Agreement, including
registered applicants for employment, the equivalent of wages lost by
such Employees as a result of the violations; and (2) pay into the
affected joint trust funds established under this Agreement any
delinquent contributions to such funds which have resulted from the
violations. Provision for this remedy herein does not make such
remedy the exclusive remedy available to the Union, the Benefit Plans
or the JIB for violations of this section nor does it make the same or
other remedies unavailable to the Union for violations of other
sections or other Articles of this Agreement.
iii. If, as a result of violations of this Section,
it is necessary for the Union and/or the Trustees of the joint trust funds
to institute court action to enforce an award rendered in accordance
with subsection (ii) above, or to defend an action which seeks to
vacate such award, the Employer shall pay any accountants’ and
attorneys’ fees incurred by the Union and/or the Benefit Plans, plus
cost of the litigation, which have resulted from the bringing of such
court action.
(h) The Joint Industry Board is directed to monitor
prevailing wage compliance when potential violators are identified by
30
either the Union or Employer with sufficient information for the JIB
to investigate.
(i) It is mutually agreed that two (2) Employers
may enter into a Joint Venture Arrangement to perform contracts in
excess of $6,000,000.
(j) Every individual Employer agrees to employ a
minimum of one Joumeyperson steadily for the period of this
Agreement. Such employment may be as a Foreperson or
Joumeyperson on any type of work including maintenance, jobbing,
repair, etc. Any Employer who is not capable of complying with the
above clause may, upon presentation of the facts, have a hearing on
such case and by an action of the Joint Industry Board, special
consideration may be given to the Employer’s case.
(k) Principals of the Employer, Management
Personnel, Project Managers and other project and administrative
personnel need not be accompanied by a Foreperson on a jobsite,
however, they can not perform field installation work or direct the
field personnel. Only the owner of the company, the Superintendent
or job Foreperson has the authority to move or terminate Employees.
Rule 3. (a) The work week of Joumeypersons shall
commence on Wednesday at 4:01 P.M. and end the following
Wednesday, at 4:00 P.M. The Employee shall be prepared for work
for the foil period of the work day in effect for the foil work week.
Failure to adhere to the hours of work shall be cause for termination.
An Employer shall not employ any individual who is not available for
work each working day, for the foil period of each work day and work
week. The Employer shall terminate an individual who fails to work
for the foil period of each work day for each foil week.
(b) The hours of labor for Joumeypersons shall be
five (5) hours per day; said hours shall be performed from 8:00 A.M.
to 11:30 A.M. and from 12:30 P.M. to 2:00 P.M. every day except
Saturdays, Sundays and Holidays. It is agreed that Joumeyperson
Electricians shall work a sixth and seventh hour at straight time.
31
(c) In order to increase efficiency, at the
Employer’s option and upon written notice and explanation to the Joint
Industry Board, the work day on specific jobs may be shifted by a
maximum of one (1) hour earlier or later than the normal work day at
straight time pay. Upon application by an Employer to the Joint
Industry Board to stagger the lunch hour on a specific job, the Joint
Industry Board will consider such Employer’s request for a staggered
lunch hour for one hour before or after the regular time at the regular
rate of pay in order to minimize waste time and ensure productivity.
(d) The hours of labor on “M” rated work shall be
seven (7) hours per day; said hours shall be performed from 8:00 A.M.
to 11:30 A.M. and from 12:30 P.M. to 4:00 P.M. every day except
Saturdays, Sundays and Holidays. Said Joumeypersons shall work an
eighth hour at straight time.
(e) Apprentices and “M” Helpers shall work the
same hours as the Joumeypersons to whom they are assigned and as
described in paragraphs (a), (b), (c) or (d) above, at straight time rates
of pay.
(f) The minimum hourly rate for Joumeyperson
Electricians on “A” rated work shall be as follows:
i. Effective April 9, 2025:
ii. Effective April 15, 2026:
iii. Effective April 14, 2027:
$62.00 per hour
$64.00 per hour
$64.00 per hour
All hours worked in excess of seven (7) hours shall be paid at the rate
of time and one-half.
(g) The hourly rates for General Foreperson,
Foreperson and Sub-Foreperson shall be at least the same amount as
specified in Rule 10.
(h) Minimum hourly rates for Superintendents:
35-40 electricians $5.00 over “A” rate
32
41-100 electricians
Over 100 electricians
$15.00 over “A” rate
$20.00 over “A” rate
(i) Minimum hourly rate for Assistant
Superintendents:
$10.00 over “A” rate.
(j) The hourly rate for Joumeyperson Electricians
on “M” rated work shall be as follows:
Effective 4/9/25 -5/31/25:
i. First and Second year “M” Electricians:
$27.50 per hour
ii. Third and Fourth year “M” Electricians:
$32.00 per hour
Effective June 1, 2025:
“M” Joumeyperson-1: Twelve (12) months – $27.50 per hour
“M” Joumeyperson-2: Twelve (12) months – $28.50 per hour
“M” Joumeyperson-3: Twelve (12) months – $30.50 per hour
“M” Journeyperson-4: Twelve (12) months – $33.50 per hour
“M” Joumeyperson-5: Twelve (12) months – $36.50 per hour
“M” Joumeyperson-6: Twelve (12) months – $43.50 per hour
Effective April 15, 2026:
“M” Joumeyperson-1: Twelve (12) months – $28.50 per hour
“M” Joumeyperson-2: Twelve (12) months – $29.50 per hour
“M” Joumeyperson-3: Twelve (12) months – $31.50 per hour
“M” Journeyperson-4: Twelve (12) months – $34.50 per hour
“M” Joumeyperson-5: Twelve (12) months – $37.50 per hour
“M” Joumeyperson-6: Twelve (12) months – $44.50 per hour
(k) The hourly rate for MIJ-rated Electricians who
entered the apprenticeship program after May 10, 2007 shall be as
follows:
33
Effective April 9, 2025:
i. Upon the commencement of working as an
MU:
$27.50 per hour
ii, After first year as a MU including after
exercising the option to continue working as
MIJ for an additional 12 months after
completing 18 months:
$33.50 per hour
Effective April 15, 2026:
MU-1: $28.50 per hour
MU-2: $34.50 per hour
(1) The hourly rate for Apprentices shall be as
follows:
i Effective April 9, 2025 I
I 1st Year $18.50/hr I
p2″rYear~ $20.50/hr
h^Year
i
$22.50/hr j
; 4th Year i .7 ” ‘ $25^
Effective April 15, 2026 j
1st Year $19.25/hr j
“i^Yew $21.25/hr I
3rd Year $23.25/hr :
J*Year _ $2(k25/hH
34
(m) It is further agreed that each individual
Employer shall pay the Employee’s share of FICA (Social Security
and Medicare contributions) for all “A” Apprentices.
(n) When an Apprentice is required by the
Apprentice Training Program (hereinafter “ATP”) to attend its day
school as part of the apprenticeship requirements, the ATP will serve
as the Apprentice’s Employer during the Apprentice’s attendance at
day school, and the ATP shall pay to or on behalf of the Apprentice,
the Apprentice’s wages for eight (8) hours of straight time pay or for
such other hours as established by the ATP, as well as contributions
to all benefit funds and all employment-related expenses (including
payroll taxes). The Employer shall not be required to pay to or on
behalf of the Apprentice who is attending the day school, as set forth
herein, wages, benefits, expenses or other payments for the period of
time that the Apprentice is attending the day school.
(o) The minimum hourly rate for “M” Helpers shall
be as follows:
The wages for all years of “M” Helpers shall be as follows:
Effective April 9, 2025:
“M” Helper-1: Twelve (12) months – $18.50 per hour
“M” Helper-2: Twelve (12) months – $20.50 per hour
“M” Helper-3: Twelve (12) months – $22.50 per hour
“M” Helper-4: Twelve (12) months – $25.50 per hour
Effective April 15, 2026:
“M” Helper-1: Twelve (12) months – $19.25 per hour
“M” Helper-2: Twelve (12) months – $21.25 per hour
“M” Helper-3: Twelve (12) months – $23.25 per hour
“M” Helper-4: Twelve (12) months – $26.25 per hour
“M” Helpers hired after April 13, 2022 will be required to pass a
practical exam to advance from a “M” Helper to a “M”
Joumeyperson.
35
(p) It is further agreed that each individual
Employer shall pay the Employee’s share of FICA (Social Security
and Medicare contributions) for all “M” Helpers.
(q) In connection with the employment of
Electricians after regular working hours, in order to keep up with other
trades working longer hours, the Foreperson shall call to the Union to
get permission to work this additional time for the duration of the job,
and the Job Steward shall be so instructed.
(r) Any Employee reporting for work later than the
scheduled starting time shall not be permitted to start until one-half
(1/2) hour past the scheduled hour of start. Any Employee more than
one-half (1/2) hour late shall not start until one (1) hour past the
scheduled hour of start. Any Employee more than one (1) hour late
may not be permitted to start for the day.
(s) Unscheduled or unauthorized absenteeism shall
be cause for termination.
(t) “M” rated work shall be defined as jobbing and
work on 1 and 2 family residential dwellings.
(u) “M” rated Joumeyperson Electrician’s work
shall also include work on the D.C. portion and associated mechanical
equipment related to solar photovoltaic systems (excluding battery
storage and its associated equipment), including low voltage work
related to Weather Stations and Data Acquisitions/Monitoring
Systems on solar photovoltaic systems with the “M” Joumeypersons
to be paid at the rate of:
Effective April 9, 2025: $33.50 per hour
Effective April 15, 2026: $34.50 per hour
(v) All “M” Helpers and “M” Joumeypersons who
are hired after April 13, 2022 will be required to pass a competency
exam to advance from “M” to “M” at “A” rate.
36
Rule 4. (a) All work in excess of work defined in Rule 3
(b), (c), (d), and (e) shall be considered overtime and paid at the rate
of time and one-half except as otherwise provided.
(b) When so elected by an individual Employer on
a specific job, or when directly specified in a public agency or
authority contract document, multiple shifts of at least five (5) days
duration may be worked. When two (2) or three (3) shifts are worked:
i. The first shift (day shift) shall be worked
between the hours of 8:00 A.M. and 4:30 P.M. Workers on the day
shift shall receive eight (8) hours pay at the regular hourly rate for
eight (8) hours work at the following pay rate per hour.
• Effective April 9, 2025:
• Effective April 15, 2026:
• Effective April 14,2027:
$62.00 per hour
$64.00 per hour
$64.00 per hour
ii. The second shift (swing shift) shall be
worked between the hours of 4:30 P.M. and 12:30 A.M. Workers on
the “Swing Shift” shall work seven and one-half (7 1/2) hours. The
second shift (swing shift) rate shall be 117.34% of the straight time
rate.
iii. The third shift (graveyard shift) shall be
worked between the hours of 12:30 A.M. and 8:00 A.M. Workers on
Effective 4/9/25 Effective 4/15/26 Effective 4/14/27
$62x 117.34% =
$72.75/hr
$72.75 x 7.5 =
$545.63
$64.00 x 117.34% =
$75.10/hr
$75.10×7.5 =
$563.25
$64.00 x 117.34%=
$75.10/hr
$75.10 x $7.5=
$563.25
O.T. Rate O.T. Rate O.T. Rate
$72.75 x 1.5 =
$109.13
$75.10 x 1.5 =
$112.65
$75.10 x 1.5 =
$112.65
37
the “Graveyard Shift” shall work seven (7) hours. The third shift
(grave yard) rate shall be 131.43% percent of the straight time rate.
Effective 4/9/25
$62.00 x 131.43% =
$8I.49/hr
$81.49×7 = $570.43
O.T. Rate
$81.49×1.5 =
$122.24
Effective 4/15/26
$64.00x 131.43% =
$84.12/hr
$84.12×7 = $588.84
O.T. Rate
$84.12 x 1.5 =
$126.18
Effective 4/14/27
$64.00 x 131.43% =
$84.12/hr
$84.12×7 = $588.84
O.T. Rate
$84.12 x 1.5 =
$126.18
iv. A lunch period of at least thirty (30) minutes
shall be allowed on each shift. All overtime work required after the
completion of a regular shift shall be paid at one and one-half times
the “shift” hourly rate.
v. There shall be no pyramiding of overtime
rates and double the straight rate shall be the maximum compensation
for any hour worked. There shall be no requirement for a day shift
when only either the second or third shift is worked.
vi. If there is more than one Employer working
on a job site, each Employer who seeks to work shifts must meet the
shift requirements with its own work force.
vii. When the starting time of a shift begins at
other than 8:00 A.M. (day shift), 4:30 P.M. (swing shift) or 12:30
A.M. (graveyard shift) the entire shift shall be paid at the higher shift
rate.
viii. When a day shift is worked by an Employer,
that Employer’s second or third shift must employ at least twenty-five
(25%) percent of the number of Electricians as the day shift.
ix. Hourly contributions to the Annuity Plan,
Health Reimbursement Account Plan and the Deferred Salary Plan
38
shall be paid on the foil eight (8) hours of payroll on each of the above
shifts,
Except as otherwise provided, work performed on Saturdays,
Sundays, paid holidays and before or after regular working hours shall
be considered overtime and paid at the rate of time and one-half.
Rule 5. No overtime shall be permitted except on emergency
work. No overtime shall be worked without permission from the
Business Manager’s Office of the Union. Overtime work crews shall
be selected at the option of the Employer.
Rule 6. (a) Any Electrician who has reported ready for work
when ordered by the Employer and is not allowed to start shall be
entitled to two hours’ wages at the hourly rate.
(b) Any Electrician newly hired and not allowed to
start shall receive two hours’ wages at the hourly rate.
(c) Electricians, when laid off or discharged, shall be
notified at least one-half hour before layoff or discharge to pack their
tools and belongings. Typically, layoffs should be at the end of a foil
shift.
(d) An Employer cannot require an Employee to take
off more furlough time than the number of weeks set forth in the
Employment Plan. If the Employer does not have work for the
Employee, the Employee must be laid off.
Rule 7. (a) Wages shall be paid weekly by check or in cash,
as the Employer may elect, during regular working hours on each
Monday and shall be paid for all work performed up to and including
the preceding Wednesday to 4:00 P.M. The individual Employer shall
not withhold more than three days’ pay in any one week and when
three days’ pay has been withheld, it must be paid within the following
week. All Electricians when laid off by an individual Employer shall
be paid immediately.
39
(b) Regardless of whether wages are paid by check
or in cash, each Employer will provide each Employee, weekly, along
with the Employee’s pay, either a pay check stub or separate statement
showing the Employee’s weekly payroll contributions and deductions
with the following information:
Employer Name, Payroll Week Ending, Employee Name,
contributions to the Annuity, Deferred Salary Plan (401k Plan), Health
Reimbursement Account Plan, deductions for the 401(k) Deferral for
both regular and Roth, 401(k) Loan Repayment, Ed. & Cult. Loan
Repayment, deductions for Paid Family Leave, Loc. #3 Loan Fund
Repayment, Loc. #3 Dues, Local 3 Working Assessment, deductions
for Elektra Federal Credit Union, I.B.E.W. PAC, and any other payroll
deductions.
(c) All Employers shall provide for direct deposit of
paychecks at the Employee’s option. If the Employee elects to have
direct deposit, the Employer will pay by direct deposit and transmit
the paycheck stub to the Employee electronically, or, if the Employee
is unable to receive the paycheck stub electronically or the Employer
is unable to so transmit it, the Employer shall send it via regular mail.
If the Employee requests, the Employer will issue a paper check and
paycheck stub to the Employee at the job site.
Rule 8. (a) Whenever Electricians are ordered to report to a
job, no traveling time shall be paid to them for traveling to or from
any job within the jurisdiction of the Union, but traveling time shall be
paid between shop and job, or job and shop, or job to job.
(b) Employers shall not be required to furnish
carfare to and from jobs within the jurisdiction of the Union when
workers report directly to a job or shop. The individual Employer
shall be required to pay carfare to workers going from shop to job, or
job to shop, or job to job. On work outside the jurisdiction of the
Union, the individual Employer shall pay all traveling time and
carfare and/or board and room. No Electrician shall be paid more than
six hours’ traveling time in any twenty-four hours.
40
Rule 9. (a) Written Warning
The Employer shall give the Employee a written warning regarding
the Employee’s actions which may lead to termination if not
corrected, unless the act is serious enough to warrant an immediate
termination. A record of the warning, which shall be on a form
provided by the JIB Employment Department, must be given to the
Employee for receipt and comment and sent to the JIB Employment
Department to be included in the Employee’s records.
If an Employee is terminated for cause four (4) times in a twenty-four
(24) month period and is not referred out by the Employment
Department, or if the Employment Department determines that it
should not refer an individual to a job for any reason, the individual
can appeal the Employment Department’s non-referral decision to the
Termination Employment Review Committee (TERC), which will be
a Committee of the Joint Industry Board, and shall be made up of an
equal number of Employer and Union representatives. The TERC
will hear the appeal to determine whether there were extenuating
circumstances relating to any of the terminations. The TERC shall
make a recommendation to the Employment Department whether or
not the individual should be referred to a job.
This Rule does not foreclose the Union or the Employer from
exercising any other rights they may have under this Agreement.
(b) Nothing contained in this Agreement shall be
construed as limiting the right of any individual Employer to
discharge immediately any Electrician for an act which is serious
enough to warrant an immediate termination.
(c) There shall be a sub-committee composed of
two (2) Employer representatives and two (2) Union representatives
which shall meet on a regular basis with the Joint Industry Board and
representatives of the Employment Department to review the
operations of the Employment Department.
41
Rule 10. (a) (i) “A Division” – On all jobs, one person shall be
designated Foreperson by the Employer. On all jobs where 3 to 5
Electricians are employed, one person shall be designated as
Foreperson and receive four ($4.00) dollars per hour above the “A”
Joumeyperson rate. When 6 to 14 Electricians are employed
exclusive of the Foreperson, the Foreperson shall receive four dollars
and seventy-five ($4.75) cents per hour above the “A” Joumeyperson
rate. All jobs below $20,000.00 contract or selling price shall be
exempt from this clause.
(ii) At the time an “A” or “M” worker is hired,
as part of the hiring packet, and upon request thereafter, all Employers
shall request such Employees to indicate whether or not they are
interested in pursuing opportunities in Supervision. All “Supervision
Interest” forms must be filed with the Employment Department
regardless of response. All new Supervision must take an Initial
Supervisor’s Training Course run by the Educational and Cultural
Trust Fund. The class is not a prerequisite to becoming a Supervisor,
however, the class must be taken within a reasonable time of
becoming a Supervisor or the Supervisor’s card may be withdrawn if
the individual fails to comply.
(iii) All Supervision must take an industry
developed EEO, Diversity & Inclusion Training Course, which will
focus on promoting equal employment opportunity, diversity and
inclusion in all aspects of hiring, retention, promotion, compensation,
workforce reduction and all other terms and conditions of
employment. The curriculum will be developed and agreed upon by
the Union and the Employer. The curriculum will address the topic of
underrepresentation of minority Supervision and overrepresentation in
workforce reductions. The class is not a prerequisite to becoming a
Supervisor, however, the class must be taken within a reasonable time
of becoming a Supervisor or the Supervisor’s card may be withdrawn
if the individual fails to comply.
(iv) All Supervision must participate in refresher
EEO, Diversity & Inclusion retraining, run by the Educational and
Cultural Trust Fund, every 36 months after the initial EEO, Diversity
42
& Inclusion Training as a condition of their continuing employment in
Supervision.
(v) When an Employer implements a layoff, it will
include with the Employment Termination Report to the JIB a copy of
the Employer Copy of the Job Ticket. The Superintendent is required
to sign the Employment Termination Report. If there is no
Superintendent, then the Owner or principal of the company must sign
the Report.
(vi) The JIB shall employ a Chief Officer of
Diversity and Inclusion who will monitor Supervision demographics,
layoff demographics, enforce diversity training for Supervision, and
report to the representatives of the JIB. The Chief Officer of Diversity
and Inclusion shall oversee Diversity in the industry and make
recommendations regarding the non-discrimination, diversity and
inclusion provisions of the Agreement and Working Rules.
(vii) In order to become a Sub-Foreperson or a
Foreperson on a job where there are: i) ten (10) or less workers a Sub¬
Foreperson or Foreperson must be a Joumeyperson for at least one (1)
year, and ii) more than ten (10) workers a Sub-Foreperson must be a
Joumeyperson for at least two (2) years, and a Foreperson must be a
Joumeyperson for at least three (3) years. In addition to the above onthe-job experience, the Sub-Foreperson and Foreperson must have
taken all the required safety courses including: CPR, Lockout/Tagout,
High Voltage Theory class, OSHA 30 Safety Class, Confined Space
Initial Class (for subway and fiber optic) and a respiratory protection
class (for asbestos), in addition to any other classes that may be
determined to be necessary for the Sub-Foreperson or Foreperson to
take in order to protect the Joumeypersons and apprentices working
for the Foreperson or Sub-Foreperson.
(viii) A bootcamp for aspiring Forepersons will be
established by the Educational and Cultural Trust Fund.
(ix) For every additional fifteen Electricians
employed over and above the first ten Electricians employed (or major
43
fraction thereof), a Sub-Foreperson shall be employed. On jobs where
the Joint Industry Board decides this rule to be impractical, it is
empowered to make exceptions. On jobs where one or more Sub¬
Forepersons are employed, a General Foreperson shall receive the
following:
General Foreperson’s wages if:
One Sub-Foreperson $5.00 per hour above the pay of the
Joumeyperson.
Two Sub-Forepersons – $5.50 per hour above the pay of the
Joumeyperson.
Three Sub-Forepersons – $6.00 per hour above the pay of the
Joumeyperson.
Four Sub-Forepersons – $6.50 per hour above the pay of the
Joumeyperson.
Five Sub-Forepersons – $7.00 per hour above the pay of the
Joumeyperson
A Sub-Foreperson will receive four dollars and seventy-five cents
($4.75) per hour above the pay of the Joumeyperson. The rates of any
General Foreperson, Foreperson or Sub-Foreperson, whom the
Employers have been customarily paying higher wages than those
stated above, shall not be reduced on jobs where higher rates have
been established. On jobs where the General Foreperson, Forepersons
or Sub-Forepersons believe they are entitled to higher rates and the
Employer and the Forepersons fail to agree on the wages to be paid,
the Joint Industry Board shall decide on a wage commensurate with
the size of the job, hazards, the responsibility, skill and experience
required.
(b) All Layout Personnel shall receive a minimum
rate of pay which is three dollars and fifty cents ($3.50) per hour
above the hourly rate of the “A” Joumeyperson.
44
(c) An “M Journeyperson” can be designated as a
“Foreperson” via a letter from the Employer provided the Employee
has CPR and Lock-Out / Tag-Out certification or is receiving said
certification.
“M” Forepersons shall receive the following pay over their regular
hourly rate:
(i) On jobs supervising 5 to 9 workers –
$1.00/hour;
(ii) On jobs supervising 10 or more
workers – $I.50/hour.
(d) A Foreperson working overtime shall receive
time and one-half of their hourly rate.
(e) The Foreperson on a job shall be included in the
workforce of all Electricians as hired by the Employer. Termination
slips shall be sent to the Joint Industry Board for all Electricians
terminated on the prescribed form and shall be signed by the
Superintendent, or if no Superintendent, then the Owner or Principal
of the company. Termination for cause may be appealed in writing to
the Joint Industry Board. Forepersons shall not work with their tools
if there are ten (10) or more Joumeypersons employed under their
supervision. All classifications of Foreperson and Sub-Foreperson
shall be permitted to use hand tools for testing, instructional purposes
and to gain access to equipment.
(f) Sub-Forepersons shall not work with their tools
if there are eight (8) or more Electricians under their supervision.
(g) It is understood that a Foreperson or Sub¬
Foreperson assigned to perform temporary light and/or power
installations or maintenance may also be assigned other supervisory
duties.
45
(h) The parties agree to establish a training
program for the purpose of training Sub-Forepersons, Forepersons and
Superintendents with reference to all matters pertaining to the
operation and progress of an electrical installation.
(i) i. On every job where more than one
Journeyperson Electrician is employed, a Joumeyperson Electrician
may be designated by the Business Manager of the Union to act in the
capacity of Job Steward. In shops that do jobbing work, a
Joumeyperson Electrician may be designated by the Business
Manager to act in the capacity of a Shop Steward. The Shop Steward
shall have the same duties to perform as a Job Steward. Said Job and
Shop Stewards shall remain in the employ of the individual Employer
for the duration of the job, or up until not more than one Employee of
the Employer is left on the job or in the shop. Said Shop or Job
Steward may be designated after one member of the Union is
employed in the shop or on the job. It is understood that said Shop or
Job Steward shall be a working Joumeyperson in that shop or on that
worksite. If the circumstances warrant, a Steward may be terminated
after consultation with the area Business Representative or the
Business Manager.
ii. A Job Steward’s duties are limited to the
project to which the Job Steward is assigned and the Job Steward shall
not visit other Union jobsites unless specifically authorized to do so
by the area Business Representative or the Business Manager.
iii. In regard to any problem on the job, a
Steward may communicate with the Foreperson or the Employer’s
Superintendent and shall not discuss it with the owner or the General
Contractor’s representative.
Rule 11. Role of Project Manager
It is agreed that the General Foreperson or Foreperson, and the Project
Manager will perform as a team, each with individual responsibilities
but with the mutual goal of completing the project successfully. The
46
Project Manager shall interact exclusively with the General
Foreperson or Foreperson.
In the event an AJ, who is working as a Project Manager, is sick or
absent for bereavement, the AJ Project Manager shall receive sick or
bereavement pay from the Employer for up to 5 days in a contract
year. No benefit contributions are payable on sick or bereavement
days enumerated herein. Unused sick/ bereavement days are forfeited.
Rule 12. The Union, in cooperation with the Employers’ efforts to
modify the cost of electrical work in commercial, industrial and
residential properties, will make apprentices available on the
following basis:
(a) One Apprentice to each Joumeyperson on all
commercial, industrial and residential jobs up to $10,000.00.
(b) One Apprentice to each Joumeyperson on all
one, two, three and four family houses.
(c) One Apprentice to three Joumeypersons, or
fraction thereof on new construction and alteration work. This ratio is
to be interpreted to allow the following Apprentice to Journeyperson
ratio on any job or in any shop:
1 Apprentice to 1 Joumeyperson
1 Apprentice to 2 Joumeypersons
1 Apprentice to 3 Joumeypersons
2 Apprentices to 4 Joumeypersons
2 Apprentices to 5 Journeypersons
2 Apprentices to 6 Joumeypersons
3 Apprentices to 7 Joumeypersons
Etc.
(d) To assure the effectiveness of these ratios, the
Union agrees to indenture new classes of Apprentices with the proviso
that such quantities may be readily absorbed into the industry and that
adequate facilities and a sufficient number of qualified teachers are
47
available to train these additional Apprentices when they are
indentured.
Furthermore, the parties to this Agreement will review the needs of
the industry semiannually, giving consideration to the ability to absorb
new Apprentices and the adequacy of the training facilities and/or
teaching staff prior to initiating the selection procedures for each new
class of apprentices.
Rule 13. Apprentices may do any work that is assigned to them
by their Journeyperson, subject to this rule.
In order to adequately train and to maintain the proper safety
standards that have been established in the electrical industry, it is
understood that first through third year Apprentices may not work on
jobs where there is not a suitable training opportunity or jobs where
safety hazards exist, such as live transit track work, elevator shafts,
active powerhouse, live substations, racetracks, stadiums, arenas,
exhibition halls or roadways, bridges or tunnels that are active or
adjacent to traffic. Apprentices can be used at racetracks, stadiums,
arenas or exhibitions halls only for new construction and alterations.
Rule 14. Employees shall be held responsible for the tools and
equipment of Employers, provided each individual Employer
furnishes a suitable toolbox with proper lock or another safe place for
the storage of such tools or equipment. The Joint Industry Board, with
the cooperation of the Employer’s supervision and Employees of the
Industry, will establish a program to assure greater efficiency on the
job by safeguarding tools, materials and other electrical material.
Rule 15. (a) In addition to appropriate footgear and work clothes,
all construction Joumeypersons and Apprentices shall be required to
furnish their own personal tool kit which shall include the following
minimum list of hand tools:
* 1 – TOOL BOX AND LOCK
* 1 – 6 FOOT RULE
* 1 – PUMP PLIERS
* 1 – 9″ SIDE CUTTING PLIERS
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* 3– SCREW DRIVERS (Small, Medium, Large)
* 2 – PHILIPS SCREW DRIVERS (Small, Medium)
* 1 – ELECTRICIANS KNIFE
* I – CLAW HAMMER
* 1 – HACK SAW
* 1 – FLASHLIGHT
1– TAP WRENCH
1 – LEVEL -9″
1 – PLUMB BOB
1 – ADJUSTABLE WRENCH
1 – DIAGONAL PLIERS
I – AWL
1 – LONG NOSE PLIERS
1 – FUSE PULLER
1 – COMPASS SAW
1 – VOLTAGE TESTER
* 1 – PAIR WORK GLOVES (Heavy Duty)
Items marked with an asterisk (*) are required when initially reporting
to a shop or a new jobsite. The Employer or the Foreperson shall be
responsible to advise new Employees if additional tools are to be
brought to the worksite; these additional tools are the remaining tools
on the above list without the asterisk (*). Unless otherwise authorized,
reimbursement for all losses shall be limited to the hand tools
specified by the Employer. The Employer shall provide the additional
tools needed for the job, or specific task required to be done, that are
not specified in the tools list in this Rule.
(b) Prior to use by the Joumeyperson of pneumatic and
gas activated tools, a Manufacturer’s Certificate of Competency must
be obtained where necessary. Where Certificate of Competency is not
necessary, on-the-job training must be provided to the Joumeyperson
by a competent supervisor prior to the use of the tool in addition to
any other Certification that may be required by site safety.
Rule 16. The individual Employer shall furnish suitable lockers
or chests for storage of clothing and tools. In the event of loss by fire
or theft, it is agreed that the claims to be paid be limited as follows:
49
Overcoat
Clothing .
Shoes
Tools
.$250.00
,.$250.00
.$250.00
.$400.00
The Foreperson of the job shall be responsible for the selection of a
suitable locker. In the event the locker furnished or selected by the
Foreperson is considered unsatisfactory by any other Employee, such
Employee shall notify the Foreperson at once, otherwise no
responsibility shall attach to the Employer. The suitability of the
locker, if questioned, shall be determined by the Business
Representative of the Union. In order to affix the responsibility for
the amount of loss by fire or theft, it shall be the duty of the
Foreperson in charge of the work to obtain from the mechanics, when
reporting such a loss, a list and the value of the property, which shall
be verified by affidavit.
Rule 17. When a member performs branch circuitry testing, the
Employer will provide: 1) a pair of Class 00 High Dexterity Gloves
with arc flash protection for up to 480 volts; 2) an arc flash protective
coverall with a minimum of 4 Calories/cm2 of protection or as
required; 3) an arc flash protective face shield for a hardhat; and 4)
and an arc flash protective hood, i.e. Balaclava. Employers also to
provide suspension trauma safety straps for harnesses to member
when a member is working above 40 feet.
Employers to provide Fire Retardant Hi-Visibility Vest when the job
requires arc protection and a Hi-Visibility Vest.
Rule 18. On live work of 440 volts or over, and on live work of
208 volts or more with an ampacity of over 400 amps, two
Journeypersons must be employed.
Rule 19. Individual Employers shall provide for the sharpening
of all cutting tools.
Rule 20. No personnel shall be permitted to work under
conditions involving the borrowing of Employees from one individual
Employer by another.
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Rule 21. It is agreed that the Business Representative shall not
take up the time of the Employees during working hours, except the
time required to get the facts concerning complaints.
Rule 22. The Employer agrees that all work shall be done in a
safe and competent manner in accordance with the contract
specifications, with the Code of the City of New York and any present
or future interpretations thereof, and where applicable, the Code of the
National Fire Protection Association, whose representatives shall be
the final judges thereof.
Rule 23. Joumeyperson Electricians shall be required to correct
defective work for which they are responsible on their own time
during regular working hours.
Rule 24. It is mutually agreed that lighting fixtures may be
delivered to the jobsite:
(a) With lamps installed.
(b) With flexible feed tails attached. These tails
may be wired, but separated from the fixture connector
for shipping purposes.
Rule 25. Although it is mutually agreed that it is the jurisdiction
of the Electrician to off-load and handle all deliveries of electrical
material and tools at a jobsite, it is understood that a delivery person
may hand cany a small package of material or tools to the work area
and that an Expeditor may deliver material and tools to the work area
and shall be allowed to make deliveries of material by hand truck to
the work area each day during job working hours and perform such
other functions as set forth in the Expeditors Agreement which is
annexed hereto.
Rule 26. No Electrician shall use any automobile, other vehicle
or personal cell phone in a manner to be considered unfair to other
workers or against the interest of the Union, as determined by the
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Joint Industry Board, nor shall an Employer require an Employee to
do so.
Rule 27. The installation, maintenance, connecting, shifting or
repairing of all wiring for temporary lighting, heating or power, and
the maintenance of pumps, fans, blowers and other electrical
equipment, in new buildings in the course of construction, old
buildings undergoing alterations, subways and bridges, etc., under
construction shall be under the jurisdiction of the Union.
(a) Temporaiy light, power and heat on all jobs are to be left
on and secured with an OSHA compliant lockout device.
There shall be no requirement for an Electrician to be
employed on the site while the system is energized. If any
portion of the temporary light, power or heating systems
are rendered de-energized for any reason, only a
Joumeyperson Electrician employed by the
permitted/responsible electrical contractor may unlock,
inspect, repair or maintain the affected part of the system
and qualify them safe to re-energize.
i. If any work is being conducted by any trades
and temporary light, power or heat is provided
for same, such wiring being of temporary
character and not part of the permanent system,
a maintenance Electrician for these temporary
systems shall only be required upon the specific
request of the customer. Any testing, moves,
changes, repairs or other maintenance duties
which may be required to assure that these
systems continue to operate properly and safely
while in use, shall be performed by a
Joumeyperson Electrician.
ii. If, at the request of the customer, there are
multiple shifts of temporary light, power or heat
and the Employer hires an Employee through
the Employment Department to work the shifts,
the Employee shall be paid for eight (8) hours
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at the straight time rate from Monday, 8:00 AM
– Friday, midnight. All other shifts are at the
overtime rate, including holidays.
(b) Local Union No. 3, I.B.E.W. does not relinquish the
jurisdiction over electrical work, or the maintenance or
repair of temporary light, power or heating systems. If up
to three (3) Joumeypersons are employed on temporary
light and power, they will be allowed to also perform
productive work at the Employer’s direction, however, the
Employer will only be required to contribute to the defined
contribution plans, for the statutory portion of EESISP and
the NEBF for such time worked on temporary light and
power. This section does not apply if more than three (3)
Joumeypersons are working.
(c) If any protective lockout or overcurrent protective devices
are tampered with or accessed by anyone other than the
Joumeyperson Electrician, the incident must be
immediately reported to the general contractor,
construction manager, or owner, as applicable with a
request for immediate preventive action. In the event such
preventive action is not undertaken promptly, the lockingon agreement shall be suspended and the prior Rule 26 (a)
designated language (for reference purposes, the prior Rule
26 (a) language set forth below) is reinstated and
implemented. The locking-on agreement under sub-section
(a) shall not be restored until adequate preventive action,
acceptable to the Union, is implemented.
For reference purposes, prior to April 2019, Rule 26(a) read as
follows:
“(a) If overtime work is being conducted by any
trade or trades and temporary light or power is
provided for same, such wiring being of
temporary character and not part of the
permanent system, a Joumeyperson Electrician
shall remain on the operation to take care of
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such temporary equipment, unless i) one (1)
trade is loading materials with no more than
five (5) workers, or ii) refuse removal or clean¬
up is being performed by one (1) trade with no
more than five (5) workers. For purposes of
the foregoing sentence, the following personnel
shall not be counted: Teamsters member
working at the gate, or Operating Engineer,
Oiler or Master Mechanic controlling the
hoist.”
(d) Where practical, separate maintenance Electricians will not
be required for maintenance of temporary light, power or
heat.
(e) Where temporary lights and power are connected at
permanently finished devices and the devices are locally
controlled, they may be operated by anyone at any time.
(f) Temporary lights for bridges or signs, or safety lights for
use by watchperson or others visiting the premises, may be
operated by anyone.
(g) The work days for the Joumeyperson Electricians assigned
to the maintenance of temporary light, power and heat may
be shifted by a maximum of one-half hour earlier or later
than the normal work day of the job at the straight time rate
i.e. 7:00 a.m. start can shift to 6:30 a.m. or 7:30 a.m.; 8:00
a.m. start can shift to 7:30 a.m. or 8:30 a.m.
(h) Any job where Joumeyperson Electricians are currently
maintaining temporary services under the terms of the
contract ending April 10, 2019 will continue maintaining
temporary services under those terms.
(i) Any job covered under a PLA will follow the language of
said PLA.
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Rule 28. Temporary light and power for shafts, tunnels and
mining operations as set forth below, shall be the work of the
Electrician.
When shafts and tunnels are under construction, the above grade
installation, maintenance, connecting, shifting or repair of temporary
wiring systems for light, power, fans, pumps, blowers and other forms
of life support equipment shall be under the jurisdiction of Local
Union No. 3, 1.B.E.W.
If any of the temporary services above are in use for work in the shaft
or tunnel, an Electrician shall be employed on site to maintain the
systems to ensure safe and proper operation.
On jobs where services are utilized to supply power to tunnel boring
machines and other site-related equipment, a Journeyperson
Electrician shall remain on site to maintain power for such temporary
equipment while in use.
Rule 29. (a) The following workplace rules have been agreed to:
i. Pre-manufactured light stands can be used,
however, they are to be maintained and moved by an Electrician.
ii. BX may be used for home run cables.
iii. BX cable may be used as home run from panel
to furniture partition, etc.
iv. BX cable may be used (from panel to first
outlet box) except under raised floors.
v. Equipment vendor technicians may assist
directing only in a supervisory capacity and the technician can use
testing and adjusting equipment.
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vi. Pre-connectorized fixtures, harnesses
(master/slave) and pre-fabricated plug-in strips for light bars may be
used.
vii. Pre-terminated fiber cable may be used.
viii. Pre-terminated coax cable may be used.
ix. Audio cabinets may be received with cables
terminated and coiled within cabinet.
x. Video cabinets may be received with cables
terminated and coiled within cabinet.
xi. Pre-fabricated A/V cabinets may be received
with equipment installed.
xii. Quick-pull cable may be used at the direction of
the contractors.
xiii. Pre-manufactured 90° bends may be used at the
discretion of the contractors.
xiv. Pre-manufactured nipples to 12” in length may
be used.
xv. Battery-operated tools may be used at the
contractor’s discretion.
xvi. Safety rules, including the use of Nomex suits,
are the Employer’s responsibility and may be addressed through the
Electrical Employers Self Insurance Safety Plan.
xvii. Factory manufactured knockouts are permitted.
xviii. After supervision lays out a job, it is
permissible for Joumeypersons to refer to drawings in order to assist
in the installation of their assigned work.
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xix. All jobs start and end the work day at the
shanty. The time of the lunch period will be established at the
direction of the Employer on a job-by-job basis between the hours of
11:30 AM and 12:30 PM. The lunch period may be either one-hour or
one-half hour as directed by the Employer. At the conclusion of the
assigned lunch period, Electricians are to meet their Supervisor at the
previously determined area and time.
xx. The use of cell phones on the job is at the
discretion of company policy, but cannot be used in a manner to be
considered unfair to other workers or against the interest of the Union,
as determined by the Joint Industry Board.
xxi. The initial installation of computer/telephone
equipment on new construction or alteration jobs is the work of the
Electrician. This is defined as “day one” work. After the initial
installations are completed, the moving of computer/telephone
equipment will not be claimed by the Electrician. This will be defined
as “day two” work. The Union does not relinquish this work to any
other trade.
xxii. BX hangers and conduit supports may be used
at the contractor’s discretion.
xxiii. Snaptite connectors may be used at the
contractor’s discretion for MC, AC and sealtite raceways.
xxiv. Plastic victor splits may be used at the
contractor’s discretion for Temporary Light use.
xxv. Pre-assembled manufactured strut fittings may
be used.
xxvi. On Market Recovery approved projects, the
Employer may use any approved material, tool, or method of
installation (including approved prefabrication and pre-assembly)
permitted for use in the City of New York:
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a. Pre-manufactured temporary light and
power stringers, and
b. Pre-manufactured 45° and 30° bends.
c. Materials including the following
prefabrication systems:
• Conduit support systems;
• Pipe Threading, Pipe Bending,
Elbows, Nipples, and Risers;
• Prefabricated device assemblies;
• Panel Centers; and
• Temporary, Power, Light and Heat
Solutions.
A committee will be established to meet the needs of the Employers
and the Union to consider the industry challenges and promote growth
in all sectors of the industry with regard to prefabrication and pre¬
assembly. The Committee will also review new tools, assemblies, and
materials that come available to the market.
xxvii. Snaptite connectors may be used;
xxviii. Pre-manufactured temporary light and power
stringers may be used only on new jobs where members of the Union
are doing the electrical low voltage work.
(b) In an effort to be competitive, prefabrication of
electrical assemblies may be performed off site by Electrician(s)
employed under this Agreement at the following ratio: 3AJ’s to 1
Apprentice. Apprentices shall be rotated out of the prefab shop after 3
months.
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Rule 30. Employees who engage in climbing at unusual heights
while performing their work shall be entitled to wages at the rate of
time and one-half of the applicable rate for the period they are so
employed. If a dispute should arise between an Employer and the
Union as to whether any Employee is employed as a “high climber”
the status of the Employee shall be submitted to the Chairperson of the
Joint Industry Board of the Electrical Industry for decision. The
Contractors Association shall be notified of the outcome of Joint
Industry Board decisions.
Rule 31. Credit Union
All Employers shall make the Elektra Federal Credit Union available
to their Employees. The Employer shall make and forward deductions
for the Elektra Federal Credit Union as authorized by the participant
by percentage and/or dollar amount, at the Employee’s option.
Rule 32. 529 Plan
Employers shall provide Employees with the option to participate in
the New York State 529 College Savings Plan only. Employers will
deduct the contributions from participating Employees’ pay and remit
to the NYS 529 Plan. Employees to select their investment options,
manage their Plans, and advise subsequent Employers of their
participation in the Plan.
Rule 33. TransitChek
The Employer shall make the Commuter Benefit Program, i.e.,
TransitChek, available to all of their Employees.
Rule 34. “M” Division Helpers and Joumeypersons
(a) “M” Helpers and Joumeypersons shall be
required to attend all classes and training programs as established and
agreed to by the Employers and the Union.
(b) Quarterly progress reports, on an approved
form, must be completed for all “M” Helpers by their Supervisor.
59
Rule 35. NECA Contractor Mentor Program will be available on¬
line to all Union members who want to take the class at a cost of $40,
which amount will be paid by the members.
Rule 36. On jobs with 30 or more workers, if there is no Site-Safety
Supervisor, the Employer must have a defibrillator on-site.
Rule 37. Prior to implementation of, or any material change in, an
Employer’s policy, rule, regulation, or confidentiality/nondisclosure
agreement applicable to the Employees, the Employer shall notify the
Union of such proposed implementation of the proposed change. If the
Union objects within ten business days, the Employer will meet with
the Union in an attempt to resolve any such objections. If the parties
cannot resolve the objections, the policy, rule or regulation and/or the
proposed change shall not be implemented unless or until it is
resolved in the Employer’s favor via the grievance/arbitration
procedure. If the Union agrees to the change or if it is permitted via
the grievance/arbitration procedure, then Employees may be asked to
provide a written acknowledgment of the policy, rule or regulation,
but such acknowledgment will state that “the Employer is a party to a
Collective Bargaining Agreement (“CBA”) with Local Union No. 3,
IBEW, which governs the terms and conditions of your employment.
To the extent any provision set forth within this policy, rule or
regulation conflicts with the terms of the CBA, the CBA terms shall
govern.” This provision does not apply to policies, rules, regulations,
or confidentiality/nondisclosure agreements issued by Owners,
Construction Managers, General Contractors, etc./or Governmental
Agencies with which the Employer is required to comply by contract
or applicable law and the Union shall facilitate compliance with such
requirements.
Rule 38. In order to address payroll deductions that an Employer
fails to remit to an appropriate entity, all Employers shall post a bond
in a form and with a Surety acceptable to the JIB. This provision
applies to payroll deductions for child support and alimony; 401(k)
payroll deductions and 401(k) Ioan repayments; Elektra Credit Union
deposits and loan repayments; Local #3 assessments; and court
ordered wage garnishments. For such unremitted payments, the JIB
60
shall collect against the bond when the JIB can verify the amounts due
and the entity to be paid and in the JIB’s judgment, collection from the
bond is necessary to protect the Employee(s). The amount of the bond
shall be in accordance with the schedule in Appendix I, which
schedule is subject to change by the Trustees of the Joint Industry
Board of the Electrical Industry. An Employer who cannot obtain a
bond must deposit a cash equivalent with the JIB. If such bond is
prohibited by an agency, the Employer can appeal to the JIB. The JIB
shall use the bond proceeds first before using the Delinquency Fund to
pay the delinquent payroll deductions and nothing contained herein
shall preclude the Joint Industry Board from following its regular
delinquency procedures.
Rule 39. Employers that first become bound to this Agreement after
April 13, 2022, must provide a non-cancellable wage and benefit bond
in favor of the Joint Industry Board of the Electrical Industry, in a
form and with a Surety acceptable to the JIB, to cover delinquent
wages and benefit contributions. Said bond must be in place for two
(2) years of work following the day the Employer becomes bound to
the Agreement. Upon the conclusion of the two (2) years, the JIB,
subject to the approval of the Trustees, will review to determine if the
bond should be extended. The size of the bond will follow the
schedule in Appendix I. The bond shall provide for payment of all
wages and contributions. When the JIB can verify the amounts due,
and, in the JIB’s judgment, such payment is necessary to protect the
Employee(s), the JIB shall collect on the bond. An Employer who
cannot obtain a bond must deposit a cash equivalent with the JIB or if
such a bond is prohibited by an agency, the Employer can appeal to
the Joint Industry Board. The JIB shall use the bond proceeds first
before using the Delinquency Fund to pay the delinquent contributions
and nothing contained herein shall preclude the Joint Industry Board
from following its regular delinquency procedures.
Rule 40. If an Employer fails to comply with its hiring obligation
during the Furlough hiring period, the period of time that the
Employer must employ a furlough replacement worker shall be
increased as follows:
61
i. if the Employer hires after the first month of the
hiring period but before the end of the second
month, the Employer will employ that furlough
replacement worker an additional four (4) weeks for
a total of thirty (30) weeks;
in if the Employer hires after the end of the second
month of the hiring period, the Employer will
employ that furlough replacement worker an
additional six (6) weeks (in addition to the first 4
weeks) for a total of thirty six (36) weeks;
iii. For each Employee who does not satisfy their
applicable furlough obligation, there will be a 15-
day grace period at the end of the furlough plan year
to satisfy the obligation, for no more than 10% of
the Employer’s furlough eligible Employees. If
more than 10% of the Employees have not
completed their furlough obligation, there will be no
grace period for that Employer. For each Employee
who still owes furlough time after the 15-day grace
period, the Employer will be required to hire one (1)
additional replacement worker in the current referral
period, for each Employee that did not satisfy the
obligation.
iv. All attorney’s fees and related costs incurred by the
Union in enforcing the Employer’s furlough hiring
requirement will be paid by the Employer who
failed to comply with the furlough provisions.
Rule 41. Before canceling an Employer’s request for manpower due
to the Employer being delinquent, the JIB shall review the Employer’s
record regarding delinquency and give consideration to those
Employers who are not chronic delinquents prior to canceling their
call for manpower. The manpower request may be put on hold while
their delinquency is resolved.
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ARTICLE IV
Jury Duty Plan
The Educational and Cultural Trust Fund will grant a maximum
supplemental payment of eighty percent (80%) percent of an “A” rated
Journeyperson’s daily wages for each day an “A” rated Joumeyperson
serves as a juror. To be eligible to receive this benefit, such
Joumeyperson, at the time of his or her jury service, shall be an active
participant in the industry and have completed a prescribed course in
“Citizenship Responsibility.”
Other Employees covered by this Agreement shall receive payment in
a proportionate amount based on their wages as determined by the
Joint Industry Board.
ARTICLE V
Superintendent
In order to assure conditions of safety and efficiency on all electrical
installation work of a substantial nature, beginning with jobs involving
a total charge by the Employer of $500,000.00 or more or employs 35
Electricians or more, it is agreed that every individual Employer who
has obtained such electrical installation work or employs 35
Electricians or more shall employ a minimum of one Superintendent
qualified for employment. The Superintendent shall receive all
benefits under this Agreement for Joumeypersons and shall negotiate
wages with the individual Employer subject to Article III, Rule 3(h)
and (i). The Joint Industiy Board shall be empowered to make
appropriate rules and regulations for the interpretation, administration
and enforcement of this rule.
ARTICLE VI
Section 1. The Union is a part of the International Brotherhood of
Electrical Workers, and any violation or annulment by an individual
Employer of the approved Agreement of this or any other Local Union
of the IBEW, other than violations of Section 2 of this Article, will be
sufficient cause for the cancellation of this Agreement by the Union,
63
after a finding has been made by the International President of the
Union that such a violation or annulment has occurred.
Section 2. The subletting, assigning or transfer by an individual
Employer of any work in connection with electrical work to any
person, firm or corporation not recognizing the IBEW or one of its
Local Unions as the collective bargaining representative of his or her
Employees on any electrical work in the jurisdiction of this or any
other Local Union to be performed at the site of the construction,
alteration, painting, or repair of a building, structure or other work,
will be deemed a material breach of this Agreement.
Section3. All charges of violations of Section 2 of this Article
shall be considered as a dispute and shall be processed in accordance
with the provisions of this Agreement covering the procedure for the
handling of grievances and the final and binding resolution of
disputes.
ARTICLE VII
National Electrical Benefit Fund
It is agreed that in accordance with the Employees Benefit Agreement
of the National Electrical Benefit Fund (NEBF), as entered into
between the National Electrical Contractors Association and the
International Brotherhood of Electrical Workers on September 3,
1946, as amended, and now delineated as the Restated Employees
Benefit Agreement and Trust, that unless authorized otherwise by the
NEBF, the individual Employer will forward monthly to the NEBF’s
designated local collection agent the following amounts:
Effective 4/9/25: 3% of the gross monthly labor payroll (Total Gross
Wages)
Contributions to the NEBF for the National Electrical Individual
Benefit (“NEIB”) for A-Joumeypersons as follows:
Effective 1/1/26: $0.50 per hour
Effective 1/6/28: $1.00 per hour
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Contributions to the NEIB for “M” Joumeypersons shall be as
follows:
Effective 1/6/28: $0.50 per hour
The payments shall be made by check or draft and shall constitute a
debt due and owing to the NEBF on the last day of each calendar
month, which may be recovered by suit initiated by the NEBF or its
assignee. The payment and the completed payroll report prescribed
by the NEBF shall be mailed to reach the office of the appropriate
local collection agent not later than fifteen (15) calendar days
following the end of each calendar month.
The individual Employer hereby accepts, and agrees to be bound by,
the Restated Employees Benefit Agreement and Trust.
An individual Employer who fails to remit as provided above shall be
additionally subject to having this Agreement terminated upon
seventy-two (72) hours notice in writing being served by the Union,
provided the individual Employer fails to show satisfactory proof that
the required payments have been paid to the appropriate local
collection agent.
The failure of an individual Employer to comply with the applicable
provisions of the Restated Employees Benefit Agreement and Trust
shall also constitute a breach of this labor agreement.
ARTICLE VIII
Jurisdictional Disputes
The Union or its representatives may render assistance to other labor
organizations by removal of its members from jobs when necessaiy
and when the Business Manager’s office authorizes said action, but no
removal shall take place until notice is first given to the Employer
involved.
In the event that a General Strike is called to protest the national level
of unemployment, the members of this bargaining unit shall not be
precluded from joining the strike.
65
There will be no strikes, no work stoppages or slowdowns or other
interferences with the work because of jurisdictional disputes.
Work shall be assigned by the Employer in accordance with the
procedural rules of the New York Plan for the Settlement of
Jurisdictional Disputes and jurisdictional disputes will be settled in
accordance with the procedural rules and decisions of such Plan. All
decisions rendered under the Plan shall be recognized by and be
binding upon the parties signatory to this Agreement.
ARTICLE IX
Separability
Should any provision of this Agreement be declared illegal by any
court of competent jurisdiction such provision shall immediately
become null and void, leaving the remainder of the Agreement in foil
force and effect and the parties shall thereupon seek to negotiate
substitute provisions which are in conformity with applicable laws.
ARTICLE X
National Labor Management
Cooperation Committee
Section 1. The parties agree to participate in the NECA-IBEW
National Labor-Management Cooperation Fund, under authority of
Section 6(b) of the Labor-Management Cooperation Act of 1978, 29
U.S.C. §175(a) and Section 302(c)(9) of the Labor-Management
Relations Act, 29 U.S.C. §186(c)(9). The purpose of this Fund include
the following:
(1) to improve communication between representatives of labor
and management;
(2) to provide workers and Employers with opportunities to
study and explore new and innovative joint approaches to achieving
organization effectiveness;
66
(3) to assist workers and Employers in solving problems of
mutual concern not susceptible to resolution within the collective
bargaining process;
(4) to study and explore new ways of eliminating potential
problems which reduce the competitiveness and inhibit the economic
development of the electrical construction industry;
(5) to sponsor programs which improve job security, enhance
economic and community development, and promote the general
welfare of the community and industry;
(6) to encourage and support the initiation and operation of
similarly constituted local labor-management cooperation committees;
(7) to engage in research and development programs concerning
various aspects of the industry, including, but not limited to, new
technologies, occupational safety and health, labor relations, and new
methods of improved production;
(8) to engage in public education and other programs to expand
the economic development of the electrical construction industry;
(9) to enhance the involvement of workers in making decisions
that affect their working lives; and
(10) to engage in any other lawful activities incidental or related
to the accomplishment of these purposes and goals.
Section 2. The Fund shall function in accordance with, and as
provided in, its Agreement and Declaration of Trust, and any
amendments thereto and any other of its governing documents. Each
Employer hereby accepts, agrees to be bound by, and shall be entitled
to participate in the NLMCC, as provided in said Agreement and
Declaration of Trust.
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Section3. Each Employer shall contribute one cent (10) per hour
worked under this Agreement up to a maximum of 150,000 hours per
year. Payment shall be forwarded monthly, in a form and manner
prescribed by the Trustees, no later than fifteen (15) calendar days
following the last day of the month in which the labor was performed.
The New York City Chapter, National Electrical Contractors
Association, Inc. shall be the collection agent for this Fund.
Section 4. If an Employer fails to make the required contributions to
the Fund, the Trustees shall have the right to take whatever steps are
necessary to secure compliance. In the event the Employer is in
default, the Employer shall be liable for a sum equal to 20% percent of
the delinquent payment, but not less than the sum of twenty dollars
($20), for each month payment of contributions is delinquent to the
Fund, such amount being liquidated damages, and not a penalty,
reflecting the reasonable damages incurred by the Fund due to the
delinquency of the payments. Such amount shall be added to and
become a part of the contributions due and payable, and the whole
amount due shall bear interest at the rate of ten percent (10%) percent
per annum until paid. The Employer shall also be liable for all costs of
collecting the payment together with attorneys’ fees.
ARTICLE XI
SUBSTANCE ABUSE
The dangers and costs that alcohol and other chemical abuses can
create in the electrical contracting industry in terms of safety and
productivity are significant. The parties to this Agreement resolve to
combat chemical abuse in any form and agree that, to be effective,
programs to eliminate substance abuse and impairment should contain
a strong rehabilitation component. The parties to this Agreement
recognize that the implementation of a drug and alcohol policy and
program must be subject to all applicable federal, state, and local laws
and regulations. Such policies and programs must also be
administered in accordance with accepted scientific principles, and
must incorporate procedural safeguards to ensure fairness in
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application and protection of legitimate interests of privacy and
confidentiality. To provide a drug-free workforce for the Electrical
Construction Industry, the Union and the Employer have implemented
an industry-wide Substance Abuse Policy. The policy includes
minimum standards as required by the IBEW and NECA. Should any
of the required minimum standards fail to comply with federal, state,
and/or local laws and regulations, they shall be modified by the local
union and chapter to meet the requirements of those laws and
regulations.
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ARTICLE XII
This Agreement is made subject to the approval of the President of the
International Brotherhood of Electrical Workers.
FOR LOCAL UNION NO. 3,
Christopher Erikson, Business Manager
Christopher Erikson, Jr., Senior Assistant Business Manager
Thomas Cleary, President
Joseph Santigate, Assistant Business Manager
Robert Banham
Michael Hanlon
Timothy Lawton
Robert Ojeda
Anthony Spence
Approved:
Joseph Canino
Saudia Khan
Thomas Me Cann
Kevin Shea
Ronald Wuerch
Kenneth W. Cooper
International President
I.B.E.W.
Washington, D.C.
FOR THE EMPLOYER:
NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION
Steven Lazzaro, Chief Negotiator
Robert Amabile, President
Andrew Drazic, Secretary
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ARTICLE XIII
TELEPHONE INTERCONNECT EMPLOYEES
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ARTICLE XIII
Section 1. Additional Sections for Telephone Interconnect
Employees
The Employers and the Union further agree that the provisions of this
Article covering telephone interconnect Employees are supplemental
to and a part of this Agreement. Except as modified in this Article,
the terms and provisions of this Agreement shall apply to telephone
interconnect Employees.
Section 2. Committee of Joint Industry Board
The Employer and Union recognize that the telephone interconnect
industry is a highly competitive industry and that it is engaged in
competition with marginal contractors using substandard labor and
materials. To have the counsel of Employers and Union members
who are familiar with the unusual problems in this industry, the Joint
Industry Board shall establish a Telephone Interconnect Committee to
evaluate and make recommendations to the Joint Industry Board with
respect to the interpretation of the provisions of this Article. This
Committee shall be composed of three members of the Union and
three members of the Employers.
Section 3. Recognition and Representation
The Employer agrees that all of its telephone interconnect Employees
including “A” rated Telephone Joumeypersons, “H” rated Telephone
Joumeypersons, and Telephone Helpers constitute an appropriate
bargaining unit and the Employer recognizes the Union as the sole
collective bargaining agent for said Employees.
Section 4. Extent of Telephone Interconnect Work
This Article shall apply to work performed by an Employer involving
the erection and installation of telephone equipment, apparatus or
appliances, and all work including raceways performed in connection
therewith that is directly related to or becomes an integral part of the
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telephone and/or telephone system, including emergency power
sources such as batteries, but excluding all other power, lighting, data,
computer and construction work in conjunction with the aforesaid
such as the installation of conduit, raceways, cables and/or wires to
power sources, panels, busses, motors, generators and all work which
is an integral part of the power and data systems. The latter shall be
performed only by Joumeyperson Electricians (not telephone
Joumeypersons) in accordance with Articles I through XII of this
Agreement.
The work covered by this Article is generally referred to as telephone
interconnect systems and devices. This work includes but is not
limited to the following: telephone switching devices, all auxiliary
devices and systems (customer or Employer owned). This work also
includes any accessing of the aforementioned equipment either on or
off premises for the purpose of adding, deleting, changing program,
repairing, testing or performing maintenance diagnostics on the
telephone systems.
Section 5. Licensing
Although an Employer engaged in the telephone interconnect industry
is not presently required to be licensed by any governmental authority
in connection therewith, the Employer and Union agree it would be in
the best interests of the industry to require the licensing of qualified
contractors. If contractor licensing provisions are put into effect for
telephone interconnect Employers within the jurisdiction of this
Agreement, an Employer performing such work under this Article
XIII shall obtain such license.
Section 6. Effect of This Article
Except as modified by this Article, all of the terms and provisions of
this Agreement between the Employer and the Union shall apply to
telephone interconnect Employees. Telephone Joumeypersons on “A”
rated work shall have the same rights and obligations as
Joumeyperson Electricians on “A” rated work. Telephone
Joumeypersons on “H” rated work shall have the same rights and
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obligations, rates of pay, benefit contributions and benefits as
Joumeyperson Electricians on “M” rated work. Telephone Helpers on
“H” rated work shall have the same rights and obligations as
Apprentices on “A” or “M” rated work respectively, including but not
limited to rate of pay, progressions and Holiday Pay.
Section 7. Work Rules for Telephone Interconnect Work
The following work rules shall specifically apply to telephone
interconnect work:
Rule 1. On all jobs where 4 to 6 Telephone Joumeypersons are
employed, one such individual shall be designated as Foreperson and
receive four ($4.00) dollars per hour above the pay of the
Joumeyperson. When 7 to 15 Joumeypersons are employed exclusive
of the Foreperson, the Foreperson shall receive four dollars and
seventy-five ($4.75) cents per hour above the pay of the
Joumeyperson. Forepersons receiving the said pay shall not have
their pay reduced during the course of such job even if the number of
joumeypersons employed is reduced.
In order to become a Foreperson, the Employee must have taken all of
the required safety courses.
All jobs below $30,000 contract or selling price shall be exempt from
the above clause.
(a) For every 10 Telephone Joumeypersons
employed over and above the first 15 Telephone Joumeypersons
employed (or major fraction thereof), a Sub-Foreperson shall be
employed. On jobs where the Joint Industry Board decides this rule to
be impractical, it is empowered to make exceptions.
(b) On jobs where one or more Sub-Forepersons
are employed, a General Foreperson shall receive the pay set forth in
Rule 10 (a) (viii) of Article III of this Agreement.
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Rule 2. Maintenance
(a) General Maintenance performed Monday
through Friday. Three general maintenance shifts may be established
at the appropriate wage rates and in accordance with the following
rules:
(1) Starting times of the shifts shall be:
1st Shift -8:00 A.M.
2nd Shift – Seven (7) hours later than the starting time of the 1st
shift.
3rd Shift – Seven (7) hours later than the starting time of the 2nd
shift.
(2) The minimum hourly rate for Telephone
Joumeypersons employed on general maintenance shifts shall be as
follows:
1st Shift – Straight time rate
2nd Shift – Straight time plus a differential of fifteen percent
(15%) percent of the straight time rate.
3rd Shift – Straight time plus a differential of twenty-five percent
(25%) percent of the straight time rate.
(3) All hours worked on Saturday, Sunday
and holidays shall be paid at the rate of time and one-half of the
straight time rate regardless of the shift. Hours worked in excess of an
Employee’s normal shift period on Monday through Friday shall be
paid at the rate of time and one-half of the shift rate.
(4) The shifts shall be rotated and a
schedule shall be made up and posted at least seven (7) days in
advance.
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(b) Special Maintenance
In special cases, telephone maintenance work performed by an
Employer can be scheduled so that an Employee may work any five
(5) consecutive days for any seven (7) continuous hours plus meal
period and this work shall be performed at an agreed upon straight
time or differential rate. No specific time shifts shall be established
and the full 24 hour day need not be covered by any three consecutive
shifts. Cases where such scheduling is used shall be presented to the
Telephone Interconnect Committee of the Joint Industry Board for its
approval of both hours and rate.
(c) Flex-hours
(1) Different starting times may be used
between the hours of 7:00 a.m. and 12 Noon for all categories of work
for seven continuous hours at straight time to give coverage between
7:00 a.m. and 7:30 p.m. Monday through Friday only. Any hours
worked after the seven (7) consecutive hours shall be paid at the rate
of time and one-half of the straight time rate.
All hours worked before 7:00 A.M. and after 7:30 P.M. and hours
worked on Saturdays and Sundays and Holidays shall be at the rate of
time and one-half of the straight time rate.
(2) There shall be three day advance
notification before starting flex-hours.
(3) There shall be a five day minimum
necessary to work flex-hours.
(4) When flex-hours are used, starting
times shall be rotated among Employees at that plant location where
feasible.
(5) Flex-hours will not be combined with
any other clause in this agreement.
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(d) Remote Maintenance
(1) All remote maintenance shall be
performed by an “A” Telephone Joumeyperson.
(2) 2nd and 3rd shift remote maintenance
(off-site) shall be compensated at the appropriate shift rates.
(3) If remote adds, moves or changes are
required, such work shall be performed by a remote maintenance ‘A’
Telephone Joumeypersons.
(e) Remote Monitoring
Remote Monitoring from a Tech Center located outside the
jurisdiction of Local No. 3 for monitoring purposes only, will be
permitted under the following conditions:
(1) If the remote alarm comes in during off
hours, the Tech Center will look at the device, take corrective action
and call the Local #3 Dispatcher as soon as possible with all
information concerning the alarm at the next normal working shift.
(2) If during off hours it is determined a
site visit is needed, the Tech Center will call the appropriate Local No.
3 Technician.
f) Dispatchers– All dispatchers must be members
of Local Union No. 3 and receive the same wages, benefits and terms
and conditions of the “A” rated Joumeyperson.
Rule 3. If an Employer is required to request the services of an
Employee who has completed the regular work day and has returned
home or on Saturdays, Sundays or holidays, an Employee reporting
for such work shall be paid in accord with the other Articles of this
Agreement. However, a minimum of four (4) hours pay at the
Employee’s overtime rate, portal to portal, shall be paid to such
Employee.
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Rule 4. Call-Out
(a) The Employee shall receive a “Daily Call-Out”
allowance of $30.00 on weekdays and $60.00 on weekends and
holidays for being on “Call-Out.”
In the event an Employee who is called-out must
respond to a call, the Employee will receive wages pursuant to this
Agreement as well as a “Call-Out” allowance for that day. Such
allowances shall not be considered wages on which fringe benefits
under this Agreement will be paid.
(b) The mode of transportation used shall be that
which is most expeditious to respond to the call at the time. Use of
public transportation, rental cars or any other means will require
submission of receipts, when available. The mode of transportation
must be authorized by the Employer. If the most expeditious mode of
transportation is a personal vehicle, and if available, then it is
understood that the Employees are to be compensated on a mileage
basis which is designed for them to carry adequate insurance for
damage to their vehicle and other expenses related to its operation.
The compensation shall be at the rate published by the IRS as the
allowable mileage rate.
The use of personal vehicles shall be discouraged unless it is the most
expeditious means of transportation available at the time or if it is
necessary because extra tools or materials must be carried. The
Employer shall use reasonable efforts to provide an “on-call”
Employee with a company vehicle.
(c) Employees on “Call-Out” shall be provided
with a cellular telephone.
Rule 5. Telephone Joumeypersons, Apprentices and Helpers
shall be required to furnish their own personal tools to consist of:
1 Tool Box
1 Tool Pouch
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1 Diagonal Cutter
1 Long Nose Pliers
3 Screw Drivers (small, medium, large)
2 Phillips Screw Drivers (small, medium)
1 Side Cutter
1 Claw Hammer
1 Hacksaw
1 Knife
1 Awl
1 Folding Rule (6 ft.)
1 Flashlight
Rule 6. During the term of this Agreement, it is agreed that the
Union shall not strike or cause a cessation of work involving the
maintenance and servicing of telephone interconnect jobs or
installations and the Employers of telephone interconnect Employees
involved in such activities agree that they shall not lockout such
employees.
Rule 7. Employees involved in Employer sponsored training are to
be reimbursed for all reasonable expenses, portal to portal, incurred
with said training as well as receive the normal day’s pay depending
on the duration of the training period. The cost of transportation,
hotel/motel and schooling will be prepaid by the Employer. The
reimbursement for meals will be paid upon the Employee’s return.
Rule 8. All expenses submitted for reimbursement by an Employee
shall be paid to the Employee no later than two pay periods after
submitted.
Rule 9. Telephone Apprentices shall be made available to
Telephone Contractors in accordance with the rules as set forth in
Article III, Rule 12 of this Agreement.
Rule 10. Outside vendors such as Federal Express or United Parcel
Services may be used in lieu of expeditors for “Emergency” deliveries
only.
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Rule 11. When hiring an Employee for a supervisory or special
skills position from the Joint Industry Board Employment
Department, the Employer can interview the prospective Employee
and determine whether or not to hire the individual for such position.
Rule 12. Contractors may provide appropriate company shirts for
their Employees.
Rule 13. A Joint Committee shall meet quarterly to discuss industry
issues.
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Accepted – Telephone Interconnect
FOR LOCAL UNION NO. 3,
Christopher Erikson, Business Manager
Thomas Cleary, President
Anthony Falleo, Business Representative
Approved:
Kenneth W. Cooper
International President
I.B.E.W.
Washington, D.C.
FOR THE EMPLOYER:
NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION
Steven Lazzaro, Chief Negotiator
Robert Arnabile, President
Andrew Drazic, Secretary
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ARTICLE XIV
ADMINISTRATIVE EMPLOYEES
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ARTICLE XIV
Additional Sections for Administrative Employees
The Employers and the Union further agree that this Article, as set
forth below, covering Administrative Employees is supplemental to
and a part of this Agreement:
Section 1. Recognition and Representation
The Employer agrees that all of its clerical/administrative and
technical/engineering Employees including, but not limited to typists,
clerks, data entry, receptionists, timekeepers, payroll, accounting,
office managers, secretaries, administrative assistants, bookkeepers,
project managers, assistant project managers, estimators, purchasing
agents, engineers, draftspersons, “CAD” operators, computer
technicians, etc. constitutes an appropriate bargaining unit and the
Employer recognizes the Union as the sole collective bargaining agent
for said Employees. Employees that the Employer and the Union
agree, are employed in a confidential capacity, shall be excluded from
the unit, provided the Employer notifies the Union, in writing, prior to
designating any employee as confidential. All persons hired, other
than one (1) confidential Employee, must become members of the
Union. No Employer or member of management shall do any work
normally done by the members of the Union for the purpose of
circumventing employment of Union Employees.
The Employer shall notify the Joint Industry Board and the ADM
Department of the Union in writing without delay whenever new
personnel are hired or discharged. Notification shall include name,
address, social security number, union card number, rate of pay and
position to be filled.
No later than January 1 and June 1 of each year, Employers shall
submit a semi-annual report listing all ADM Employees to the Union
offices. Forms, as furnished by the Union, will include Name,
Classification, Rate of Pay, Social Security Number, Union Card
Number and Date of Hire for all ADM members. Name, classification
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and date of hire of all Employees shall be listed separately as stated
above.
Section 2. Union Security
All Employees presently employed by the Employer, shall, as a
condition of employment, be or become members of the Union on the
91st day following the beginning of their employment. All temporaiy
Employees who work less than 20 hours per week shall be permitted
to work up to 90 calendar days without becoming members of the
Union. All such temporary Employees shall be registered with the
Union and shall obtain a temporary work card.
For new hires, who are not members of the Union, the Employer shall
not make contributions to any of the employee benefit plans during
the 91 calendar days from when the Employee is first employed.
However, if the Employee continues to work for the Employer after
the 91st calendar day, in addition to the Employee becoming a Union
member, the Employer must pay all benefits due, retroactive to the
initial date of hire. In the event the Employee is terminated prior to
the 91st calendar day, the Employer shall pay the Employee the
following amounts in lieu of any benefits based on the total days
worked:
• 11 days but less than 31 days $100.00
• 31 days but less than 51 days $200,00
• 51 days or more $300.00
Contributions are due from the date of hire for all members of the
Union who are hired by an Employer.
Section 3. Term of Agreement
This Agreement shall take effect on April 9, 2025 and shall remain in
effect until April 12, 2028, unless otherwise specifically provided for
herein. It shall continue in effect from year to year thereafter
provided, however, any party hereto may modify or terminate this
Agreement on April 12, 2028 and anytime thereafter by giving the
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other party at least ninety (90) days notice in writing of modification
or termination prior to April 12th of such year. All effective dates
begin at 4:01 p.m. on that date.
Section 4. Work Week and Overtime
The work week shall be thirty-five (35) hours, commencing on
Wednesday at 4:01 P.M. and ending the following Wednesday at 4:00
P.M. All work performed in excess of seven hours per day and work
performed on Saturday, Sunday and holidays shall constitute overtime
work and be paid for at the rate of one and one-half times the regular
rate of pay. However, if the ADM Employee is working on-site on a
PLA, Modification and/or Market Recovery job the Employee’s work
week will be eight (8) hours a day, forty (40) hours a week at the
straight time rate. In addition, the eighth hour shall be at straight time
at the Employer’s discretion and as mutually agreed by the Employer
and the Employee for Employees hired after April 10, 2019.
Employees hired prior to April 11, 2019, that worked an eighth hour
as regularly scheduled OT, and as mutually agreed between Employee
and Employer, may work the eighth hour as straight time, providing
the OT premium of the previous eighth hour is reflected over the eight
regular hours. Employees earning in excess of $45,000 per year
exclusive of bonuses may agree in writing with the Employer to
include the compensation for the first five (5) hours of overtime work
(workweek hours, thirty-six [36] through forty [40]) in their regular
weekly salary.
All hours worked in excess of the regularly compensated work and
incidental overtime shall be paid at the overtime rate.
ADM personnel working on job sites where a multiple shift is in
effect, shall be paid the applicable shift rate as specified in Article III
Rule 4 (b).
Sections. Classifications
Recognizing that the ADM Division is made up of many small and
medium sized units with a wide range of job assignments and
86
overlapping work descriptions, it is agreed that the following broad
descriptions of job classifications will be recognized:
Clerical/Administrative shall include typist, clerks, data entry,
receptionists, timekeepers, payroll, accounting, office managers,
secretaries, administrative assistants, bookkeepers, etc.
Technical/Engineering shall include project managers, assistant
project managers, estimators, purchasing agents, engineers,
draftspersons, “CAD” operators, computer technicians, etc.
(a) Contributing employers can employ temporary
summer help, college students, or college interns only during the
summer months and for no longer than 90 days. The Employer shall
not be required to make contributions to any of the benefit plans on
behalf of said employees.
(b) Temporary Employees must obtain a temporary
work card from the Business Representative.
Section 6. Wages
MINIMUM STARTING SALARY
Effective 4/9/25
Clerical/Administrative $704.00 per week
Technical/Engineering $821.00 per week
Effective 4/9/25, any existing employee whose weekly wage is less
than their respective classification’s minimum starting salary shall
receive the minimum starting salary contained herein.
All employees shall receive the following wage increases:
• Effective April 15, 2026: 2% increase
• Effective April 14, 2027: 2% increase
No such increase shall be less than $35.00 or exceed $65.00 per week.
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Section 7. Annuity Plan
The Joint Industiy Board shall administer the Annuity Plan of the
Electrical Industry.
For all employees employed in the ADM Division:
Effective April 9, 2025:
(a) More than 12 months and up to 24 months
More than 24 months and up to 36 months
More than 36 months
S 13.25 per day
$ 16,75 per day
$ 23.25 per day
Effective April 15, 2026:
(b) More than 12 months and up to 24 months
More than 24 months and up to 36 months
More than 36 months
$14.50 per day
$18.00 per day
$24.50 per day
The Parties reserve the right to redirect any contribution to the
Annuity Plan to other Benefit Plans provided for in this Agreement if
the Parties feel that the additional contributions are needed for the
financial stability of the Benefit Plans.
Section 8. Additional Security Benefits Plan
The Joint Industry Board shall administer the Additional Security
Benefits Plan of the Electrical Industry (ASBP).
Section 9. Welfare Plan (formerly the Vacation Holiday and
Unemployment Plan)
The Joint Industry Board shall administer the Welfare Plan of the
Pension, Hospitalization and Benefit Plan (“Welfare Plan”) (which the
Vacation Holiday and Unemployment Plan of the Electrical Industiy
has been merged into) in accordance with the terms of the Welfare
Plan.
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If the Employer is paying the vacations and holidays directly to the
Employee, the vacation pay will be accrued on a pro-rata basis and no
benefits will be paid on that vacation or holiday pay.
Section 10. Vacation and Holidays
(a) Vacations
The following are the vacation weeks an Employee is entitled to and
must take regardless of whether or not a participant withdraws money
or has sufficient funds to withdraw for vacation pay. The vacation
period will take effect April 1st of each calendar year.
i. Eveiy Employee who has been employed by a
contributing Employer or Employers for less than one year prior to
June 1st of any year shall have their vacation time, if any, determined
by the parties to this Agreement.
ii. Every Employee who has been employed by a
contributing Employer or Employers for twelve (12) months prior to
June 1st of any year shall receive two (2) weeks’ vacation.
iii. Every Employee who has been employed by a
contributing Employer or Employers for a period of five (5) years
prior to June 1st of any year shall receive three (3) weeks’ vacation.
iv. Every Employee who has been employed by a
contributing Employer or Employers for a period of thirteen (13) years
prior to June 1st of any year shall receive four (4) weeks’ vacation.
v. Every Employee who has been employed by a
contributing Employer or Employers for a period of twenty-eight (28)
years prior to June 1st of any year shall receive five (5) weeks’
vacation.
vi. If an Employee is entitled to three or more
weeks’ vacation, the Employee can take two (2) weeks in days with
the prior approval of the employer.
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(b) Holidays
i. For the purposes of this Agreement, New Year’s
Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, Harry Van Arsdale Jr.’s Birthday to be celebrated
on the day after Thanksgiving and Christmas Day shall be recognized
as holidays.
If a holiday set forth in this Agreement is not a holiday under a PLA,
ADM personnel working on-site on a PLA job will work the holiday
and be paid the straight time pay for the day and will receive a floating
holiday to be taken at the Employee’s discretion within the contract
year and will be paid for the floating holiday in accordance with this
Agreement.
Employees shall have the option to take off on Juneteenth and
Election Day without penalty or repercussions on the job and may
take money out of the Employee’s Deferred Salary Plan in an amount
equal to the day’s pay, if eligible to withdraw such amount.
Employees working on these days shall be paid at the straight time
rate.
ii. Should any of the foregoing holidays fall on a
Saturday, such holiday shall be observed on the preceding Friday,
except where the nature of the business requires that a skeleton force
be maintained, in which event those Employees employed on Friday
shall receive the following Monday off as a holiday. Should any of
the foregoing holidays fall on a Sunday, such holiday shall be
observed on Monday, unless it is otherwise officially observed or the
ADM Employee is working on site on a PLA job and the holidays are
modified by a PLA.
iii. When a holiday occurs, each ADM Employee
employed pursuant to this Agreement and not being paid holiday pay
directly from his/her Employer pursuant to Section 10 (c), shall be
entitled to receive a holiday benefit equivalent to their normal day’s
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wages from the Welfare Plan or the Additional Security Benefits Plan
or the Deferred Salary Plan in accordance with their established rules.
ADM personnel working on the holiday (other than Juneteenth and
Election Day) shall be paid by the Employer at the rate of time and
one-half for the hours worked. This shall be in addition to the holiday
benefit.
(c) Vacation and Holiday Pay
All Employees in the ADM Division of Local Union No. 3 for less
than five years will receive their vacation and holiday pay directly
from their Employer in lieu of the fifteen (15%) percent contribution
being made on their behalf to the Deferred Salary Plan. Employees
who receive their vacation pay from their Employer shall accrue their
vacation pay on a pro-rata basis if they do not work for that Employer
for the full year. At any time after five years of employment in the
ADM Division, the Employee will have the option to have the
percentage rate in effect at the time contributed to the Deferred Salary
Plan for vacations and holidays in lieu of Employer paid vacations and
holidays. All Employees who as of January 1, 2011, have been in the
ADM Division for five or more years and are having the Vacation
and Holiday percentage contribution made on their behalf to the
Deferred Salary Plan shall have the option to receive their vacation
and holiday pay directly from their employer and forego the Vacation
and Holiday percentage contribution to the DSP on their behalf. Once
an Employee elects to have the percentage rate contributed to the Plan,
they can not switch back to having the Employer pay the Employee’s
vacations and holidays. All elections will take effect the April 1st
following their date of election.
Section 11. Health Reimbursement Account Plan
The Joint Industry Board shall administer the Health Reimbursement
Account Plan of the Electrical Industry. The Health Reimbursement
Account Plan shall allow participants to be reimbursed for medical
expenses not covered by the benefit plans administered by the Joint
Industry Board, up to the individual’s account balance. Employers
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shall contribute to the Plan on behalf of their Employees in
accordance with the following schedule based upon the Employee’s
total time of employment in the Electrical Industry as a member of
Local Union No. 3 as follows:
Effective 4/9/25:
Length of Employment
More than 12 months and up to 24 months:
More than 24 months and up to 36 months:
More than 36 months:
Contribution Per Day
$10.75
$13.75
$17.75
Effective 4/15/26:
12+ months:
24+ months:
36+ months:
Effective 4/14/27:
12+ months:
24+ months:
36+ months:
$12.00 per day
$15.00 per day
$19.00 per day
$13.00 per day
$16.00 per day
$20.00 per day
Contributions will be credited to each Employee’s Health
Reimbursement Account Plan until the Employee’s account balance
reaches the maximum account balance allowed by the Plan, as
determined from time to time by the Joint Industry Board. When an
Employee’s account balance reaches the maximum allowable amount,
future contributions which would otherwise be payable to the Health
Reimbursement Account Plan will instead be payable to the Deferred
Salary Plan on the Employee’s behalf as an Employer contribution as
set forth in Section 12 below. In accordance with the terms of the
Health Reimbursement Account Plan, each Employee’s Health
Reimbursement Account will be reviewed periodically. If during such
periodic review, a participant’s account balance is found to be below
the maximum allowable account balance, the contributions will again
be payable to the Health Reimbursement Account Plan on the
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Employee’s behalf until the maximum allowable account balance is
reached, at which time again future contributions will be redirected to
the Deferred Salary Plan as an Employer contribution. This method
shall be used to periodically replenish an Employee’s account balance
in the Health Reimbursement Account.
Section 12. Deferred Salary Plan
The Joint Industry Board shall administer the Deferred Salary Plan of
the Electrical Industry. Employers shall contribute to the Plan on
behalf of their Employees as follows:
(a) Deferred Wages: All ADM employees shall
participate in the Plan by deferring a minimum of 1% percent of their
gross weekly wage. All deferred wages shall be forwarded weekly to
the Joint Industry Board or such other entity designated by the
Trustees of the Deferred Salary Plan to receive said deferred wages at
the time periods established by the Plan Trustees and they shall be
credited to the Participant’s accounts.
(b) Employer Contributions: Employers shall
contribute to the Plan on behalf of their ADM Employees as follows:
i. the contributions made to the Health
Reimbursement Account after the participant’s account
balance in the Health Reimbursement Account reaches
its maximum amount.
ii. for Employees who are members of the
ADM Division for five or more years and elect not to
have their vacations and holidays paid by the Employer,
in accordance with Section 10 (c), the Employer shall
contribute fifteen (15%) percent, only for those who do
not receive their vacation and holiday pay directly from
their employer.
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iii. for all Employees in the ADM Division
Effective April 9, 2025: $1.50 per hour.
(c) Roth 401k Plan. The Joint Industry Board shall
establish a Roth 401k Plan as part of the Deferred Salary Plan. All
Employees shall have the option to participate in the Roth 401k Plan
to be fimded solely by Employee contributions. The Employer shall
deduct and forward all Employee Roth 401k contributions to the
Deferred Salary Plan or where directed.
Section 13. Status as New Employee
For purposes of Sections 7, 8, 11 and 12 of this Agreement, if an
Employee leaves the industry and does not return within twenty-four
(24) months after beginning to withdraw money from their Deferred
Salary Plan, Annuity or Additional Security Benefits Plan for other
than unemployment, disability or workers’ compensation, that
Employee will be considered as a new Employee for the purposes of
making contributions to the Plan.
Section 14. Severance Pay
Every Employee who has been employed by the same Employer shall
receive severance pay in accordance with the following schedule,
upon termination of employment except if such termination is a result
of being discharged by the Employer for cause or by resignation:
One (1) weeks base pay after two (2) years of employment;
Two (2) weeks base pay after four (4) years of employment;
Three (3) weeks base pay after eight (8) years of employment;
Four (4) weeks base pay after twelve (12) years of employment; and
Five (5) weeks base pay after fifteen (15) years of employment.
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Each Employer who presently pays severance pay in excess of the
above shall continue his or her present practice with reference to
severance pay, if such practice is still in effect. If such practices are
changed or discontinued, proper notification shall be given to the
Employees and their Union Representative.
Section 15. Seniority
When layoffs are necessary, length of service is to be considered.
Section 16. Social Security
Each individual Employer shall pay each Employee’s share of FICA
(Social Security and Medicare contributions) from the first day of
such Employee’s employment.
Section 17. For purposes of the contributions made to the Pension,
Hospitalization and Benefit Plan, the Educational and Cultural Trust
Fund and the Dental Benefit Plan, the maximum Standard Gross
Wages upon which contributions are made shall be:
Effective April 9, 2025 $2,130
Section 18. Contributions to the Pension, Hospitalization and
Benefit Plan of the Electrical Industry
The Joint Industry Board shall administer the Pension, Hospitalization
and Benefit Plan of the Electrical Industry. Employers shall
contribute the following percentages of the weekly Standard Gross
Wages to the Plan for all fiill time Employees as follows:
95
Effective Date cpnitibutionj^
April 9, 2025 . 37.61% plus
L^Ll^our^ |
April 15, 2026
:
: 37.61% plus
i $4.45/hour
April 14, 2027 । 37.61% plus
i $5.45 /hour «
a-i–…–:auuk inmiramrannmmmMmr-i-ra™—“—— ———— ——•–«– –uib•a **u i i ••ri ismrm —a
Section 19. Educational and Cultural Trust Fund
The Joint Industry Board shall administer the Educational and
Cultural Trust Fund established for educational, training and cultural
purposes. Employers shall contribute to the Educational and Cultural
Trust Fund 1.02% percent of the Standard Gross Wages of the ADM
payroll for all full time Employees. Eligible Employees shall be
entitled to all of the benefits offered by the Educational and Cultural
Trust Fund in accordance with the Plan’s rules.
Section 20. Dental Benefit Plan
The Joint Industry Board shall administer the Dental Benefit Plan of
the Electrical Industry. The Employers shall remit 4.14% percent of
the weekly Standard Gross Wages to the Dental Benefit Plan effective
April 9, 2025.
Section 21. Sick and Bereavement Days
Employees who are sick or absent for bereavement shall receive sick
or bereavement pay from the Employer for up to 5 days per contract
year.
If the Employee does not use all 5 days by the end of the contract
year, the Employer will pay the Employee 1 day’s salary for each
unused day.
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If the Employee works for the Employer less than a full year, the
Employee will receive a pro-rata share of sick and bereavement days.
No benefit contributions are payable on sick or bereavement days as
enumerated herein.
By the Parties agreeing to this provision they expressly waive the
provisions of any New York City “Earned Safe and Sick Time Act,”
“New York State’s Paid Sick Leave Law” or comparable legislation
that may be enacted by any local, state or federal government on the
basis that comparable benefits are provided to the employees covered
by this collective bargaining agreement in the form of paid days off.
Section 22. Contributions on Standard Gross Wages
Benefit Contributions to the Pension, Hospitalization and Benefit
Plan, the Dental Benefit Plan, the Educational and Cultural Trust
Fund, Deferred Salary Plan, Job Security Fund and the Health
Reimbursement Account Plan will be paid on the Standard Gross
Wages. Standard Gross Wages also includes, but shall not be limited
to, all compensation paid to an Employee for vacations, holidays, sick
days, other than those excluded in Section 21 above, personal time,
non-accountable expenses, bereavement, other than those excluded in
Section 21 above, performance incentives, commissions and bonuses,
other than three (3) bonuses a year as defined herein, unless
specifically stated otherwise in this Agreement. Benefit contributions
and payments to the National Electrical Benefit Fund and the
Electrical Employers Self Insurance Safety Plan shall be paid on the
Total Gross Wages, which means the Standard Gross Wages plus all
overtime wages (“total gross wages”).
Bonuses for all classifications of workers can be paid up to three times
in a calendar year provided that the total of the three bonuses does not
exceed 50% percent of the Employee’s wages in a calendar year. In
the event the bonuses do exceed 50% percent of the wages in any one
calendar year, the limitation will be recalculated based upon the
individual’s average total wages from that Employer for the last four
97
(4) years, as compared to his/her average total bonuses earned during
the same period.
If the Bonuses exceed fifty (50%) percent of the Employee’s wages,
the Employer must pay contributions only to the Pension
Hospitalization and Benefit Plan based on the excess bonus, unless
specifically stated otherwise in this Agreement.
Section 23. Trust and Plan Documents
The parties to this Agreement hereby agree to, and shall be bound by,
the provisions of the Plan and Trust documents and all amendments
thereto as duly adopted by the respective Trustees established and
maintained for purposes of implementing the benefits provided for in
this Article as if such documents were incorporated into and made a
part of this Agreement, including but not limited to, the Policy for the
Collection of Delinquent Contributions as duly adopted by the JIB and
the requirements of ERISA. Specifically, the Employers shall be
liable for the remedies under Section 502(g)(2) of ERISA, including
liquidated damages of 20% percent, in the event of entry of Judgment
against the Employer in an action or proceeding to collect delinquent
contributions.
Section 24. The Joint Industry Board is authorized to collect any
amounts that the Employer agrees or is obligated to deduct from the
Employees’ paychecks, including, but not limited to, Union dues,
Union working assessments, loan repayments, deductions for Paid
Family Leave and I.B.E.W. PAC contributions, which shall be subject
to the same delinquency and interest rules. Each Employer is required
to have each of its Employees complete an “Employee Payroll
Deduction Authorization” on the approved form which must be sent to
the Union.
Section 25. National Electrical Benefit Fund
It is agreed that in accord with the Employees Benefit Agreement of
the National Electrical Benefit Fund (NEBF), as entered into between
the National Electrical Contractors Association and the International
98
Brotherhood of Electrical Workers on September 3, 1946, as
amended, and now delineated as the Restated Employees Benefit
Agreement and Trust, that unless authorized otherwise by the NEBF,
the individual Employer will forward monthly to the NEBF’s
designated local collection agent an amount equal to 0.3% percent of
the gross monthly labor payroll (Total Gross Wages) paid to, or
accrued by, the Employees in this bargaining unit, and a completed
payroll report prescribed by the NEBF. In addition, effective January
1, 2026, the Employer will also contribute $0.50 per hour on behalf of
each Employee to the NEBF for the National Employee Individual
Benefit. The payment shall be made by check or draft and shall
constitute a debt due and owing to the NEBF on the last day of each
calendar month, which may be recovered by suit initiated by the
NEBF or its assignee. The payment and the payroll report shall be
mailed to reach the office of the appropriate local collection agent not
later than fifteen (15) calendar days following the end of each calendar
month.
The individual Employer hereby accepts, and agrees to be bound by
the Restated Employees Benefit Agreement and Trust.
An individual Employer who fails to remit as provided above shall be
additionally subject to having this Agreement terminated upon
seventy-two (72) hours notice in writing being served by the Union,
provided the individual Employer fails to show satisfactory proof that
the required payments have been paid to the appropriate local
collection agent.
The failure of an individual Employer to comply with the applicable
provisions of the Restated Employees Benefit Agreement and Trust
shall also constitute a breach of this labor agreement.
Section 26. Stabilization
Eveiy Employer who estimates any work in excess of $50,000.00
shall employ a minimum of one qualified member of the ADM
Division.
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Section 27. Shop Stewards
The Employer agrees to allow the shop stewards time to perform their
duties, i.e.: checking members’ cards, acting as a liaison between
management and labor in settling minor misunderstandings.
Except for cause, Shop Stewards may be terminated only after
consultation with the Business Manager or the ADM Business
Representative for the Union.
Section 28. Subletting and Subcontracting
No Employer shall sublet or subcontract any engineering or estimating
work which is presently performed or should be performed by their
Employees covered by this Agreement. All shop and field drawings
prepared by ADM members shall be identified with the name and card
number of the member preparing same using their signature for
verification. Any drawing that does not have a signature and card
number cannot be used for construction.
Section 29. Moonlighting
ADM members are permitted to work only for the electrical contractor
who pays their salaries and benefits. Moonlighting for any other
electrical contractor or any other company providing services for
contractors is forbidden by this Agreement.
Section 30. Better Terms and Conditions of Employment
The terms and conditions of employment provided in this Agreement
constitute minimum terms and conditions of employment. Any
Employee of any Employer who enjoys any terms and conditions of
employment better than those provided for in this Agreement shall
continue to enjoy such terms and conditions of employment.
100
Section 31. Employment
The Union shall maintain a list of available ADM Division members.
The Employers shall advise the Business Manager or Business
Representatives of all job openings. Qualified ADM members shall
be sent to the Employer for an interview with an “Approval to seek
employment” form from the Union. The Employer shall complete the
form and return same to the Business Manager or Business
Representative.
All newly hired personnel who are not ADM members are required to
obtain a temporary work card from the Business Representative.
Section 32. ADM Hiring Portal on JIB Website
Both parties agree to develop and implement a Hiring Portal link
within the JIB Website for all “Ready to Work and Available” ADM
members.
The Employer agrees to consider candidates from the ADM Hiring
Portal for open positions prior to using outside agencies or other
sources. It is further agreed that the Employer will provide feedback
to the ADM Department.
Section 33. Credit Union
All Employers shall make the Elektra Federal Credit Union available
to their Employees. The Employer shall make and forward deductions
for the Elektra Federal Credit Union as authorized by the participant
by percentage and/or dollar amount at Employee’s option.
Section 34. Employers shall provide employees with the option to
participate in the NYS 529 College Savings Plan only; employers to
deduct the contributions from employees’ pay after tax and remit to
the NYS 529 Plan. Employees to select their investment options,
manage their plans, and advise subsequent Employers of their
participation in the plan.
101
Section 35. Separability
Should any provision of this Agreement be declared illegal by any
court of competent jurisdiction, such provision shall immediately
become null and void, leaving the remainder of this Agreement in full
force and effect and the parties shall thereupon seek to negotiate
substitute provisions which are in conformity with applicable laws.
Section 36. The Parties agree, that at the Union’s option, a dues
check off program will be instituted.
Section 37. The Parties to this Agreement recognize that to meet the
needs of our customers, both Employer and Employee must meet the
highest levels of performance, professionalism and productivity. The
Code of Excellence has proven to be a vital element in meeting the
customers’ expectations. Therefore each I.B.E.W. Local Union and
NECA chapter shall implement a Code of Excellence Program. The
program shall include minimum standards as designed by the IBEW
and NECA.
Section 38. I.B.E.W. Approval
This Agreement is made subject to the approval of the President of the
International Brotherhood of Electrical Workers.
[BALANCE OF PAGE BLANK]
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Accepted – ADM
FOR LOCAL UNION NO. 3, 1.B.E.W.:
Christopher Erikson, Business Manager
Thomas Cleary, President
Richard Duva, Assistant Business Manager
Stella Fafalios, Business Representative
Linda DiTusa
Scot Placanica
Approved:
Kenneth W. Cooper
International President
I.B.E.W.
Washington, D.C.
FOR THE EMPLOYER:
NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION
Alex Samilenko, Chief Negotiator
Robert Amabile, President
Andrew Drazic, Secretary
103
EXPEDITORS DIVISION
104
AGREEMENT entered into by and between
NEW YORK ELECTRICAL
CONTRACTORS ASSOCIATION, INC.
and the
EXPEDITORS DIVISION
LOCAL UNION NO. 3 of the
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
EFFECTIVE
APRIL 9, 2025 4:01 P.M.
THROUGH
APRIL 12, 2028
4:00 P.M
105
ARTICLE PAGE
ARTICLE I Terms & Conditions 109
ARTICLE II Benefits 110
ARTICLE III Working Rules 120
ARTICLE IV Jury Duty Plan 134
ARTICLE V Cancellation Clause 134
ARTICLE VI National Employees Benefit Agreement. 135
ARTICLE VII Supportive Union Action 136
ARTICLE VIII Separability 136
ARTICLE IX Code of Excellence 137
ARTICLE X Substance Abuse 137
ARTICLE XI I.B.E.W. Approval 138
106
AGREEMENT entered into by and between
NEW YORK ELECTRICAL
CONTRACTORS ASSOCIATION, INC.
hereinafter called the “Employer,” and
LOCAL UNION NO. 3 OF THE
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
hereinafter called the “Union,”
The terms herein shall also apply to all firms who sign a Letter of
Assent to be bound by the terms of this Agreement. The term
“Employer” shall mean each employer who is a member of the New
York Electrical Contractors Association, Inc. and each independent
electrical contractor who signs a copy of this Agreement, or
Memorandum of Agreement to be bound by this Agreement or Letter
of Assent. The term “Union” shall mean Local Union No. 3,
I.B.E.W., AFL-CIO. The term “Employee” shall mean any person
performing work covered by this Agreement. The parties hereto are
desirous of preserving the harmonious and stabilized working
conditions in the Electrical Contracting Industry and do hereby enter
into this Agreement as set forth below:
This Agreement is to cover the jurisdiction of Local Union No. 3 of
the International Brotherhood of Electrical Workers, AFL-CIO in
New York City. This Agreement covers Expeditors and Expeditor
Helpers working for Electrical Contractors; Expeditors being the
Employees responsible for handling and delivering materials.
WITNESSETH:
PREAMBLE
Section 1. The intent and purpose of this Agreement is to
effectuate the spirit and policies of industrial stability, and to endeavor
to raise the general level of the industry consistent with the trends of a
more equitable relationship between the Employer and the Employee.
107
Section 2. The vital interest of the public, the Employer and the
Employee in an industry are inseparably bound together. All will
benefit by a continuous peaceful operation of the industrial process
and the dedication of the means of production for the common good.
Section 3 There shall be no unlawful discrimination in any
employment decision, including but not limited to recruitment, hiring,
compensation, training, apprenticeship, promotion, demotion,
downgrading, transfer, layoff, termination or any other term and
condition of employment on the basis of actual or perceived race,
creed, color, religion, national origin, alienage or citizenship status,
ancestry, age, mental or physical disability, sex, pregnancy, breast
feeding or nursing status, childbirth, caregiver status, marital or
partnership status, sexual orientation or gender identity, genetic
information, arrest record, status as victim of domestic violence,
sexual violence, stalking, unemployment status, status as veteran or
active military service member, or any other characteristic protected
by applicable Federal, State or Local Laws.
Section 4. It is recognized and agreed that never before has the
Electrical Industry faced a more critical challenge than it does today.
Productivity must be increased to meet the threat of economic and
inflationary pressures that can destroy our industry. Every member of
the Union and the Employers shall seek and encourage the greatest
possible productivity through:
1. The elimination of non-productive time wasting
practices.
2. The close supervision of starting and quitting
times and lunch periods.
3. The development of a positive attitude and a
cooperative spirit towards a “TEAM EFFORT.”
The cooperation and support we must receive from these efforts will
in large measure contribute to the progress of our industry, the success
of the Employers and the security of our Expeditors.
108
ARTICLE I
Terms and Conditions
Section 1. The terms of this Agreement or any modifications
thereof shall be binding, until its termination as defined in Section 2 of
this Article, upon all Employers employing Expeditors and shall cover
the territory where the Union has jurisdiction.
Section 2. This Agreement, including the working rules contained
in Article III hereof which are a part of this Agreement, shall take
effect on April 9,2025, 4:01 p.m. and shall remain in effect until April
12, 2028, 4:00 p.m. unless otherwise provided in this Agreement. It
shall continue in effect from year to year thereafter, provided,
however, any party hereto may terminate this Agreement on April 12,
2028, and any time thereafter by giving the other party at least ninety
(90) days’ notice in writing of modification or termination prior to
April 12th of such year.
Section 3. The Union agrees that if, during the life of this
Agreement, it grants to any other Employer in the Electrical
Contracting Industry, on work covered by this Agreement, any better
terms or conditions than those set forth in this Agreement, such better
terms or conditions shall be made available to all Employers under
this Agreement and the Union shall immediately notify the Employers
of any such concession.
Section 4. Pursuant to the Rules and Regulations of the Joint
Industry Board, there may be submitted to the Chairperson of the Joint
Industry Board any question or controversy or dispute between parties
to this Agreement. If the Chairperson of the Joint Industry Board fails
to reach a decision or an appeal is taken from the Chairperson’s
decision, the Council on Industrial Relations for the Electrical
Industry or the American Arbitration Association may be selected as
the arbitration agency which will render a decision de novo. Any
decision made by the Arbitrator shall be final and binding on all
parties to the dispute.
Section 5. Should any party to this Agreement desire to modify or
amend any article in this Agreement, notice in writing specifying the
109
article desired changed must be given to the other party. Such
changes shall be made by mutual consent of the parties, provided
same are in writing and signed by the parties.
Section 6. All Employees employed by the Employer as an
Expeditor or Expeditor-Helper, shall, as a condition of employment,
be or become members of the Union on the 31st day following the
effective date of this Agreement, or the 31st day following the
beginning of their employment, whichever is later. All Employees
shall remain members of the Union during the term of this Agreement
as a condition of employment.
ARTICLE II
Benefits
Section 1. This Agreement shall be administered by the Joint
Industry Board of the Electrical Industry.
Section 2. The Joint Industry Board shall establish rules and
regulations under which it will operate and shall have the power to
modify or amend such rules and regulations and will seek to promote
harmony between the Employers and the Employees in the industry,
and will study and institute a program which will make it possible for
the industry to be of greater assistance to those purchasing services,
the potential purchasers and the general public. All rules and
regulations, modifications or amendments thereto shall be sent in
printed form to all parties to this Agreement and all individual
Employers employing Expeditors represented by Local Union No. 3
under the terms of this Agreement.
Section 3. All Employers who maintain their records electronically
shall submit electronic payroll, expense and cash disbursement
records when audited by the Joint Industry Board.
Section 4. For purposes of contributions made to the Pension
Hospitalization and Benefit Plan, the Educational and Cultural Trust
Fund and the Dental Benefit Plan, the maximum Standard Gross
Wages upon which contributions are made shall be:
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Effective April 9, 2025 $1,703.35
Section 5. Pension, Hospitalization and Benefit Plan
The Joint Industry Board shall administer the Pension, Hospitalization
and Benefit Plan of the Electrical Industry. All Employers shall remit
the following percentages of Standard Gross Wages and hourly
amounts for their Expeditors and Expeditor-Helpers:
i. Effective April 9, 2025: 42.43% plus $3.95 per hour
ii. Effective April 15, 2026: 42.43% plus $4.95 per hour
Section 6. Dental Plan
The Joint Industry Board shall administer the Dental Benefit Plan of
the Electrical Industry. The Employers shall remit weekly 4.14%
percent of their Employees’ Standard Gross Wages to the Dental
Benefit Plan.
Section 7. Annuity Plan
The Joint Industry Board shall administer the Annuity Plan of the
Electrical Industry. The Employers shall make contributions for each
day worked as follows:
i.a. Expeditor: $25.00 per day
b. Expeditor-Helper: $15.50 per day
The Parties reserve the right to redirect any contributions to the
Annuity Plan to other Benefit Plans provided for in this Agreement if
the Parties feel that the additional contributions are needed for the
financial stability of the Benefit Plans including the Job Security
Fund.
Ill
Section 8. Additional Security Benefits Plan
The Joint Industiy Board shall administer the Additional Security
Benefits Plan of the Electrical Industry.
Section 9. The Joint Industry Board shall administer the Welfare
Plan (into which the Vacation Holiday and Unemployment Plan of the
Electrical Industry was merged) in accordance with the terms of the
Welfare Plan.
Section 10. Vacation-Holiday
(a) Vacations – All Employees who have worked
for or have been unemployed and available to work for contributing
Employers shall be entitled to a vacation as follows:
All Expeditors and Expeditor Helpers covered by this Agreement,
who are eligible to receive a vacation, except as hereinafter provided,
shall receive a two week vacation each year.
Employees who are eligible to receive a vacation and who have
worked for or have been unemployed and available for work for
contributing Employers for five (5) years or more as of March 1st
shall be granted three (3) weeks’ vacation each year.
Employees who are eligible to receive a vacation and who have
worked for or have been unemployed and available for work for
contributing Employers for thirteen (13) years or more as of March 1st
shall be granted four (4) weeks’ vacation each year.
Employees who are eligible to receive a vacation and who have
worked for or have been unemployed and available for work for
contributing Employers for twenty-eight (28) years or more as of
March 1st shall be granted five (5) weeks’ vacation each year.
In the event an Employee starts work in the Industiy after the start of
the vacation eligibility period, consideration for a partial vacation will
be given.
112
The vacation period will take effect April 1st of each calendar year.
Between June 15 and September 15 the continuous length of vacation
shall not be more than two (2) weeks, except as mutually agreed upon
by the Employer and the Employee.
If an Employee is entitled to three or more weeks’ vacation, the
Employee can take two (2) weeks in days with the prior approval of
the Employer.
(b) i) Holidays – New Year’s Day, Martin
Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day,
Harry Van Arsdale Jr.’s Birthday which shall be celebrated the Day
after Thanksgiving and Christmas Day shall be paid holidays. In the
event any of the regular holidays fall on a Saturday, this holiday will
be celebrated the preceding Friday. In the event any regular holiday
falls on a Sunday, it will be celebrated the next day, Monday, unless
the Expeditor is working on site on a PLA job and the holidays are
modified by a Project Labor Agreement or unless otherwise officially
observed.
ii) If a holiday set forth in this
Agreement is not a holiday under a PLA, an Expeditor may work to
deliver to PLA jobs and be paid 8 straight hours for the day, and will
receive a floating holiday to be taken at the employee’s discretion
within the contract year and will be paid for the day in accordance
with this Agreement.
Each Employee for whom contributions are or were made to the
Welfare Plan (formerly the Vacation Holiday and Unemployment
Plan) shall be entitled to be paid their normal wages from the Welfare
Plan in accordance with its established rules. If an Employee does not
have sufficient funds in the their Welfare Plan account to receive their
full holiday and/or vacation pay, and they do have funds remaining in
the Additional Security Benefits Fund, they can receive the balance of
their holiday and/or vacation benefit from the Additional Security
Benefits Fund. If an Employee has no funds remaining in their
Welfare Plan account or the Additional Security Benefits Plan, they
113
can withdraw funds from their Deferred Salary Plan to compensate
them for the lost wages.
In accordance with Article III, Rule 6 of this Agreement, Expeditors
working on the holiday specified in Section(b)(i) above shall be paid
by the Employer at the rate of time and one-half for those hours
worked. This shall be in addition to the holiday benefit above.
If any Expeditor or Expeditor Helper, covered by this Agreement, is
laid off within one week before or employed within one week after a
paid holiday occurs, the Expeditor or Expeditor Helper shall be
entitled to normal wages for said holiday from their Additional
Security Benefits Fund, Welfare Plan (formerly the Vacation Holiday
Unemployment Plan) or Deferred Salary Plan in accordance with their
established rules.
Employees shall have the option to take off on Juneteenth or Election
Day without any penalty or repercussions on the job and may take
money out of the Deferred Salary Plan equal to the day’s pay, if
eligible to withdraw such amount. Employees working on these days
shall be paid at the straight time rate. If the Employee elects to take
the day off as a Holiday, the Employee shall not be entitled to Holiday
Pay from the Employer.
(c) All Employees in the Expeditor Division of
Local Union No. 3 for less than five years will receive their vacation
and holiday pay directly from their Employer in lieu of the fifteen
(15%) percent contribution being made on their behalf to the Deferred
Salary Plan. Employees who receive their vacation pay from their
Employer shall accrue their vacation pay on a pro-rata basis if they do
not work for that Employer for the full year. At any time after five
years of employment in the Expeditor Division, the Employee will
have the option to have the percentage rate in effect at the time
contributed to the Deferred Salary Plan for vacations and holidays in
lieu of Employer paid vacations and holidays. All Employees who as
of January 1, 2011 have been in the Expeditor Division for five or
more years and are having the Vacation and Holiday percentage
contribution made on their behalf to the Deferred Salaiy Plan shall
have the option to receive their vacation and holiday pay directly from
114
their Employer and forego the Vacation and Holiday percentage
contribution to the Deferred Salary Plan on their behalf. Once an
Employee elects to have the percentage contributed to the Plan, they
cannot switch back to having the Employer pay for vacations and
holidays. All elections will take effect the April 1st following their
date of election.
Section 11. Health Reimbursement Account Plan
The Joint Industry Board shall administer the Health Reimbursement
Account Plan of the Electrical Industry. The Health Reimbursement
Account Plan shall allow participants to be reimbursed for medical
expenses not covered by the benefit plans administered by the Joint
Industry Board up to the amount of their individual account balance.
Employers shall contribute to the Joint Industry Board with respect to
the Health Reimbursement Account Plan on behalf of their Employees
employed in the Expeditor Division as follows:
Effective April 9, 2025: $21.00 per day
Effective April 15, 2026: $22.00 per day
Effective April 14, 2027: $23.00 per day
Contributions will be credited to each Employee’s Health
Reimbursement Account Plan until the Employee’s account balance
reaches the maximum account balance allowed by the Plan, as
determined from time to time by the Joint Industry Board. When an
Employee’s account balance reaches the maximum allowable amount,
future contributions which would otherwise be payable to the Health
Reimbursement Account Plan will instead be payable to Deferred
Salary Plan on the Employee’s behalf as an Employer contribution as
set forth in Section 12 below. In accordance with the terms of the
Health Reimbursement Account Plan, each Employee’s Health
Reimbursement Account will be reviewed periodically. If during such
periodic review, a participant’s account balance is found to be below
the maximum allowable account balance, the contributions will again
be payable to the Health Reimbursement Account Plan on the
Employee’s behalf until the maximum allowable account balance is
reached at which time again future contributions will be redirected to
the Deferred Salary Plan as an Employer contribution. This method
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shall be used to periodically replenish an Employee’s account balance
in the Health Reimbursement Account.
Section 12. Deferred Salary Plan
The Joint Industry Board shall administer the Deferred Salary Plan of
the Electrical Industry. Employers shall contribute to the Plan on
behalf of their employees as follows:
(a) Deferred Wages: All Expeditors and ExpeditorHelpers shall participate in the Plan by deferring a minimum of one
(1%) percent of their gross weekly wages. All deferred wages shall be
forwarded weekly to the Joint Industry Board or such other entity
designated by the Trustees of the Deferred Salary Plan to receive said
deferred wages at the time periods established by the Plan Trustees
and they shall be credited to the Participants’ accounts.
(b) Employer Contributions: Employers shall
contribute to the Plan on behalf of their Expeditors and Expeditor
Helpers. The contributions shall be made to the Health
Reimbursement Account Plan after the participant’s account balance
in the Health Reimbursement Account Plan reaches its maximum
amount.
(c) For Employees who are members of the
Expeditor Division for five or more years and elect not to have their
vacations and holidays paid by the Employer, the Employer shall
contribute fifteen (15%) percent of the Employee’s Standard Gross
Wages.
(d) All Expeditors and Expeditor Helpers:
Effective April 9, 2025, $1.00 per hour
Roth 401(k) Plan. The Joint Industry Board shall establish a Roth
401(k) Plan as part of the Deferred Salary Plan. All Employees shall
have the option to participate in the Roth 401(k) Plan to be funded
solely by Employee contributions. The Employer shall deduct and
forward all Employee Roth 401(k) contributions to the Deferred
Salary Plan or where directed.
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Section 13. Educational and Cultural Trust Fund
The Joint Industry Board shall administer the Educational and
Cultural Trust Fund established for educational, training and cultural
purposes. Contributions to the Educational and Cultural Trust Fund
shall be 1.053% percent of the Standard Gross Wages.
The Fund, in addition to its other functions, may grant eligible
Expeditors and other participants an opportunity to attend educational
courses conducted at an approved facility and pay an educational
allowance for a one (1) week course of study, at the satisfactory
conclusion of their studies.
Upon the Educational & Cultural Trust Fund Trustees’ approval, any
Full Expeditor with at least five (5) years in the Expeditor Division or
any Expeditor-Helper with at least three (3) years in the ExpeditorHelper Division who is within two (2) years of progressing to the Full
Expeditor position will be eligible for the CDL program benefit
currently provided by E&C for “A” Joumeypersons.
Section 14. (a) The Parties to this Agreement hereby agree to, and
shall be bound by, the provisions of each of the Plan and Trust
documents and all amendments thereto as duly adopted by the
respective Trustees, established and maintained for purposes of
implementing the benefits provided for in this Agreement, as well as
the Job Security Fund, as if such documents were incorporated into
and made a part of this Agreement, including but not limited to, the
Policy for the Collection of Delinquent Contributions as duly adopted
and amended by the JIB and the requirements of ERISA. Specifically,
the Employer shall be liable for the remedies under Section 502 (g) (2)
of ERISA, including liquidated damages of 20% percent, in the event
of entry of judgment against the Employer in an action or proceeding
to collect delinquent contributions.
(b) The Chairperson of the Joint Industry Board shall
have the authority to suspend or reduce contributions to the Benefit
and Wage Plan when, at the Chairperson’s discretion, if the
Chairperson determines that the amount in the Job Security Fund
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Benefit and Wage Plan is more than seventy percent (70%) percent of
the average weekly payroll or the amount of the delinquency is less
than forty percent (40%) percent of the amount in the Benefit and
Wage Plan and additional contributions are not necessary to protect
the financial stability of the benefit plans, or in the Chairperson’s
discretion, if additional funds are not needed. Any such suspension or
reduction of the contributions will recommence upon notice from the
Chairperson.
Section 15. Benefit Contributions to the Pension, Hospitalization
and Benefit Plan, the Dental Benefit Plan, the Educational and
Cultural Trust Fund, the Deferred Salary Plan, Job Security Fund, the
Health Reimbursement Account Plan and the Joint Industry Board
will be paid on the “Standard Gross Wages”. Benefit contributions
and payments to the National Electrical Benefit Fund and the
Electrical Employers Self Insurance Safety Plan shall be paid on the
Total Gross Wages, which means the Standard Gross Wages plus all
overtime wages.
Whenever used in this Agreement, the term “Standard Gross Wages”
is defined as the wages calculated at the regular straight time hourly
wage for that shift (i.e.: the effective hourly rate for the shift)
including the straight time portion of overtime pay and any overscale
wages paid as part of the regular straight time hourly rate. For
purposes of calculating benefit contributions, and not in the
calculation of minimum wages, Standard Gross Wages also includes,
but shall not be limited to, all compensation paid to an Employee for
vacations, holidays, sick days, personal time, non-accountable
expenses, bereavement, performance incentives, commissions and
bonuses, other than two bonuses a year as defined herein, unless
specifically stated otherwise in this Agreement.
Bonuses for all classifications of workers can be paid twice a year
provided that the total of the two bonuses does not exceed 50%
percent of the Employee’s wages in a calendar year. In the event the
bonuses do exceed 50% percent of the wages in any one year, the
limitation will be recalculated based upon the individual’s average
total wages from that Employer for the last four (4) years, as
compared to total bonuses earned during the same period.
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If the Bonuses exceed fifty (50%) percent of the Employee’s wages,
the Employer must pay contributions only to the Pension
Hospitalization and Benefit Plan based on the excess bonus.
Section 16. The Joint Industry Board shall administer the Employee
benefit plans set forth herein.
Section 17. The cost of the administration of the Joint Industry
Board shall be borne by the Employers of the Industry, and shall for
all purposes constitute an expense of doing business of the Employers
under this Agreement. The Employers shall remit 0.25% of weekly
Standard Gross Wages to the Joint Industry Board.
Section 18. Each Employer will contribute 0.25% of gross payroll to
the Job Security Fund for purposes of funding the Benefit and Wage
Plan or such other amount as required by the rules established by the
trustees of the Job Security Fund of the Electrical Industry.
Section 19. Sick and Bereavement Days
Employees who are sick or absent for bereavement shall receive sick
or bereavement pay from the Employer for up to 5 days per contract
year.
If the Employee does not use all 5 days by the end of the contract
year, the Employer will pay the Employee 1 day’s salary for each
unused day.
If the Employee works for the Employer less than a full year, the
Employee will receive a pro-rata share of sick and bereavement days.
No benefit contributions are payable on sick or bereavement days as
enumerated herein.
By the Parties agreeing to this provision they expressly waive the
provisions of any New York City “Earned Safe and Sick Time Act,”
“New York State’s Paid Sick Leave Law” or comparable legislation
that may be enacted by any local, state or federal government on the
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basis that comparable benefits are provided to the employees covered
by this collective bargaining agreement in the form of paid days off.
Section 20. Notwithstanding any other provision of this Agreement,
including Article I, Section 2 which states that the CBA may be
cancelled upon ninety days’ advance written notice, the obligation to
contribute to the Plans administered by the JIB shall continue
following expiration of this Agreement, until the Employer notifies
both the Plans and the Union in writing that the parties have reached
impasse in negotiating a renewal Agreement. Thereafter, the
obligations of the Parties shall be governed by applicable law.
Section 21. The Joint Industry Board is authorized to collect any
amounts that the Employer agrees or is obligated to deduct from the
Employees’ paychecks, including, but not limited to union dues
assessments, loan repayments, deductions for Paid Family Leave and
I.B.E.W PAC contributions, which shall be subject to the same
delinquency and interest rules. Each Employer is required to have
each of its Employees complete an “Employee Payroll Deduction
Authorization” on the approved form which must be sent to the Union.
ARTICLE III
Working Rules
The following Working Rules shall be part of this Agreement:
Rule 1. Expeditors shall not contract for any electrical work or
carry a license for any Employer. Expeditors shall not work for
Employers who are not parties to this Agreement or a separate
agreement containing the same terms as this Agreement, or for
Employers who do not comply with the terms of this Agreement and
the Working Rules. This rule does not apply to regular maintenance
work and organizing activities. All Expeditors hired after May 10,
2007 must have a minimum Class B Commercial Driver’s License.
Expeditor-Helpers will be encouraged, but not required, to obtain and
maintain a minimum Class B Commercial Driver’s License.
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Rule 2. Expeditor
(a) Although it is mutually agreed that it is the jurisdiction of
the electrician to off-load and handle all deliveries of
electrical material and/or tools at a jobsite, it is understood
that a delivery person may hand carry a small package of
material and/or tools to the work area and that an Expeditor
may deliver material and/or tools to the work area and shall
be allowed to make deliveries of material and/or tools by
hand truck to the work area each day during job working
hours when a joumeyperson is present.
i. During job working hours, under direction from
the General Foreperson, Foreperson and Sub¬
Foreperson, Expeditor(s), as detailed below
may handle, offload, and distribute all
materials, equipment, and deliveries throughout
and within the jobsite, except for switchgear or
similar large equipment. In addition,
distribution of materials in bulk, all inventory
activities, safeguarding materials, tools, and
equipment from theft, status reporting,
replenishment, repair or re-ordering of all tools,
equipment and materials may be done by the
Expeditor. Expeditors may also work as yard¬
persons and warehouse-persons on jobsites.
(b) In addition to the Expeditors’ job functions permitted
under (a) (i), above, with the prior approval of the Union,
an Expeditor may be used as a locker pup or Expeditor
employed on a jobsite. When allowed, the following will
be the Expeditor to Joumeyperson ratio employed on the
jobsite:
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Number of
Electricians:
Number of
Expeditors per
paragraph b) above:
Max additional per
diem Expeditor(s)
per paragraph a) i
above
1-25 1 locker pup 2
26-50 1 locker pup + 1
expeditor
1
51-75 1 locker pup +2
expeditors
0
76+ Maximum, 1 locker
pup +3 expeditors
0
(c) Expeditors will be prohibited from installing, maintaining,
inspecting, testing or performing any electrical work.
Expeditors will also be prohibited from setting up reels of
wire or cable, handling switchgear or similar equipment, or
any type of rigging.
Rule 3. Expeditor-Helper
In order to promote the appropriate and needed Expeditor experience
from within the Union, Expeditor-Helpers may be hired by the
contractor from the Employment Department.
(a) Expeditor-Helpers will be able to perform all the duties of
the Expeditor as described in Article III, Rule 25 of the
“A” Agreement and Article III, and Rule 2 of the
Expeditor Agreement except as limited herein.
(b) Expeditor-Helpers will follow the same working rules as
the Expeditor except that Expeditor-Helpers cannot be
locker pups, except on an interim basis as provided below
or if a shop has 10 or less A Joumeypersons.
(c) Employers with 20 Joumeypersons (“A” or “M”) or less
can hire an Expeditor-Helper. Employers with 20 or more
A joumeypersons must have one Expeditor in order to hire
Expeditor- Helpers.
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(d) Advancement – Upon the attainment of both eight (8)
continuous years of work experience in the Expeditor
Division and the attainment of a minimum Class B CDL
License, an Expeditor-Helper will qualify for the status of
Expeditor. Years worked in any other Local Union #3,
IBEW Division, up to a maximum of four (4) years, will
count towards the eight (8) year criteria. However, if
mutually agreed between the Employer and the Union, an
Expeditor-Helper can be advanced based upon the
Employer’s recommendation.
(e) Availability – If no Expeditor is available from the
Employment Department to be stationed on a jobsite as a
locker pup, and the Employer already has an ExpeditorHelper in its employ, the Employer and Union may
mutually agree to advance the Expeditor-Helper to the
jobsite as an interim locker pup (with full Expeditor wages
and benefits) based upon the Expeditor-Helper’s history of
learning and understanding the trade. Once an Expeditor is
available for the Employer’s job, the Expeditor-Helper
shall be reassigned to his or her prior duties with the
Employer or sent back to the Employment Department if
no longer needed.
If no Expeditor-Helper is available, the Employer may
submit recommendations for potential candidates. All
hiring will be conducted through the Employment
Department.
(f) Ratios:
Expeditor to Expeditor-Helper:
1 Expeditor- 1 Expeditor-Helper
1 Expeditor- 2 Expeditor-Helpers
2 Expeditors- 2 Expeditor-Helpers
2 Expeditors– 3 Expeditor-Helpers
3 Expeditors- 3 Expeditor-Helpers
3 Expeditors– 4 Expeditor-Helpers
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(g) Terminations:
The hierarchy of layoffs for expeditors and ExpeditorHelpers is as follows:
1, Expeditor-Helper 1 to be terminated before an
Expeditor-Helper 2 or 3.
2. Expeditor-Helper 2 to be terminated before
Expeditor-Helper 3.
3, Expeditor-Helper 3 to be terminated before an
Expeditor.
If an Employer is reducing manpower, they should have the ability to
maintain the ratios listed above.
Rule 4. (a) It is recognized that economic planning is
necessary and essential to maintain industrial stability and that
statistics are vitally important to accomplish this. Therefore, it is
agreed that individual Employers shall furnish to the Joint Industry
Board a weekly payroll report. This payroll report shall be submitted
for the current week every Monday in an electronic form acceptable to
the Joint Industry Board. Uniform electronic formats for this purpose
shall be furnished by the Joint Industry Board. Any Employer who
repeatedly fails to carry out this requirement shall be summoned to
appear before the Joint Industry Board. In the event such Employer
fails to satisfy the Joint Industry Board as to the reason for repeated
failure to meet the requirement, such Employer may be required to
pay monies as liquidated damages. All monies collected as liquidated
damages shall be paid to the specifically affected funds.
(b) 1. The individual Employer shall carry
unemployment insurance for every worker employed, regardless of
the number of Employees, and shall pay for same to the New York
State Unemployment Insurance Fund and shall file with the Union the
identification number issued by the New York State Department of
Labor, Division of Employment.
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2. Every individual Employer shall carry
Workers’ Compensation through the Electrical Employers Self
Insurance Safety Plan (EESISP) and such other insurance as may be
required by the laws of the State of New York, and shall furnish
satisfactory proof thereof to the Union. In an effort to increase
compensation payments to workers injured on the job, every
individual Employer agrees to participate in the Electrical Employers
Self Insurance Safety Plan (EESISP), with exceptions as
recommended by the Joint Industry Board. The Joint Industry Board
shall, at the direction of EESISP’s Executive Committee, administer
the operation of EESISP. Those electrical workers, suffering from the
injuries defined by the Executive Committee of EESISP as qualifying
for supplemental benefits, may be paid a supplemental benefit in
addition to the statutory workers’ compensation payments. The
supplemental benefit shall be in an amount up to $ 155.00 per week,
which, when added to the statutory benefit, will not exceed two-thirds
(2/3) of the individual’s wages.
3. Every Employer agrees to be a member of
and participate in the Electrical Industry’s Self Insurance Disability
Plan through the Electrical Employers Self Insurance Safety Plan,
with exceptions as recommended by the Joint Industiy Board. As
participants in the above Plan, Employees of the Employer shall
receive the disability rate established by New York State Disability
Law for twenty-six (26) weeks of disability benefits.
For those disabilities defined by the Executive Committee of the
Electrical Employers Self Insurance Safety Plan, the supplemental
weekly disability benefit rate shall be Three Hundred ($300.00)
Dollars but not greater than the Employee’s regular salary when added
to the New York State statutory rate.
The current premium rate for disability benefits shall be one-half of
one percent (0.50%) percent to adequately fund the statutory and
supplemental disability benefits.
4. If an individual who received
supplemental Workers’ Compensation or supplemental disability
benefits has a recovery from a third party, the individual must
125
reimburse EESISP for the total amount of all supplemental benefits as
well as EESISP’s recoverable statutory lien.
5. The Joint Industry Board shall appoint a
committee composed of an equal number of Employer and Employee
representatives to maintain a program for the administration and
adjudication of Workers’ Compensation claims by Alternate Dispute
Resolution, to be administered by EESISP, and for the selection of
health care providers and facilities to render medical and related
treatment of work related injuries and illnesses, pursuant to
subdivision 2-C of Section 25 of the Workers’ Compensation Law and
to provide or administer independent medical exams through the
managed care network. The Committee shall establish procedures for
the ADR Program which is comprised of both mediation and
arbitration. The Committee will hire a panel of arbitrators to be used
on a rotating basis, and will review whether to similarly hire a rotating
panel of mediators. Such programs as established by the Committee
are subject to the final approval of the signatories to this Agreement.
6. Every Employer shall provide coverage
for the NYS Paid Family Leave Act through EESISP. Premium
payroll deductions shall be made from each Employee’s pay check, as
set by the EESISP Trustees, and forwarded to EESISP.
Rule 5. (a) The work week of Expeditors shall commence on
Wednesday at 4:01 P.M. and end the following Wednesday at 4:00
P.M. The Employee shall be prepared for work for the full period of
the work day in effect. Failure to adhere to the hours of work shall be
cause for termination.
(b) (i) The hours of labor for an Expeditor shall be
seven (7) hours per day; said hours shall be performed from 8:00 A.M.
to 11:30 A.M. and from 12:30 P.M. to 4:00 P.M. eveiy day except
Saturdays, Sundays and holidays; a total of thirty five (35) hours per
week. Flexible start times are allowed between 7:00 A.M. and 9:00
A.M. (one (1) hour before or after 8:00 A.M.) with the adjustment of
seven (7) hours from the start time. When mutually agreed by the
Employer and Employee, flexible start times are allowed between
126
7:00 and 10:00 A.M. (one (1) hour before and two (2) hours after
8:00A.M.), with the adjustment of seven (7) hours from the start time
and with two (2) weeks’ notice.
(ii) The hours of labor for an Expeditor –
Helper shall be eight (8) hours per day; said hours shall be performed
from 8:00 A.M. to 11:30 A.M. and from 12:30 p.m. to 5:00 P.M.,
every day except Saturdays, Sundays and holidays; a total of forty
(40) hours per week. Flexible start times are allowed between 7:00
A.M. and 9:00 A.M. (one (1) hour before or after 8:00 A.M.) with the
adjustment of eight (8) hours from the start time.
(c) Wages
I. The minimum weekly wages for Expeditors
shall be:
• Effective April 9, 2025: $1,255.10
• Effective April 15, 2026: $1,290.10
• Effective April 14,2027: $1,325.10
ii. Expeditor-Helpers hourly rate for eight (8)
hours a day / forty (40) hours per week shall be:
Expeditor-Helper hired prior to April 13, 2022:
April 9, 2025 April 15,2026 April 14, 2027
Expeditor
Helper 1 (0-36
months of
work at this
classification)
$20.17 per hr $20.67 per hr $21.17 per hr
ExpeditorHelper 2 (over
36 months of
work as an
Expeditor
Helper 1)
$25.47 per hr $25.97 per hr $26.47 per hr
127
Expeditor-Helper hired after April 13, 2022:
(d) Overtime
April 9, 2025 April 15,2026 April 14, 2027
ExpeditorHelper 1 (0-36
months of
work at this
classification)
$20.17 per hr $20.67 per hr $21.17 per hr
ExpeditorHelper 2 (37-
60 months of
work at this
classification) .
$23.35 per hr $23.85 per hr $24.35 per hr
ExpeditorHelper 3 (over
60 months as
an Expeditor
Helper)
$25.47 per hr $25.97 per hr $26.47 per hr
All hours worked in excess of seven (7) hours per day for Expeditors
and eight (8) hours per day for Expeditor Helpers shall be paid at the
rate of time and one half. The eighth hour per day for Existing
Expeditors shall be paid at the straight time rate as mutually agreed
upon between the Employee and Employer. Any hours in excess of
eight (8) hours shall be paid at time and one half. Employees to be
given two weeks’ notice prior to implementing new rule. This rule
may be implemented for a minimum of one pay period (ThursdayWednesday). Saturdays and Sundays continue to be paid at time and
one half.
If an Expeditor is working on-site on a PLA, Modification, and/or
Market Recovery job, the employee’s work week will be eight (8)
hours a day, forty (40) hours a week at the straight time rate.
(e) It is further agreed that each individual
Employer shall pay the Employee’s share of FICA (Social Security
128
and Medicare contributions) for all Employees covered by this
Agreement.
(f) Unscheduled or unauthorized absenteeism shall
be cause for termination.
Rule 6. Work performed on Saturdays, Sundays, paid holidays and
before or after regular working hours shall be considered overtime and
paid at the rate of time and one-half.
Rule 7. Employees, when laid off or discharged, shall be notified
at least one-half hour before layoff or discharge to pack their
belongings. Layoffs shall typically be at the end of a full shift.
Rule 8. Wages shall be paid weekly by check or in cash, as the
Employer may elect, during regular working hours on each Monday
and shall be paid for all work performed up to and including the
preceding Wednesday to 4:00 P.M. The individual Employer shall not
withhold more than three days’ pay in any one week and when three
days’ pay has been withheld, it must be paid within the following
week. All Expeditors when laid off or discharged by an individual
Employer shall be paid immediately.
Rule 9. The individual Employer shall be required to pay carfare to
Expeditors going from shop to job, or job to shop, or job to job. On
work outside the jurisdiction of the Union, the individual Employer
shall pay all traveling time and carfare and/or board and room. No
Expeditor shall be paid more than six hours’ traveling time in any
twenty-four hours.
Rule 10. (a) Written Warning
The Employer shall give the Employee a written warning regarding
the Employee’s actions which may lead to termination if not
corrected, unless the act is serious enough to warrant an immediate
termination. A record of the warning, which shall be on a form
provided by the JIB Employment Department, must be given to the
129
Employee for receipt and comment and sent to the JIB Employment
Department to be included in the Employee’s records.
If an Employee is terminated for cause four (4) times in a twenty-four
(24) month period and is not referred out by the Employment
Department, or if the Employment Department determines that it
should not refer an individual to a job for any reason, the individual
can appeal the Employment Department’s non-referral decision to the
Termination Employment Review Committee (TERC), which will be
a Committee of the Joint Industry Board, and shall be made up of an
equal number of Employer and Union representatives. The TERC
will hear the appeal to determine whether there were extenuating
circumstances relating to any of the terminations for cause. The
TERC shall make a recommendation to the Employment Department
whether or not the individual should be referred to a job.
(b) Nothing contained in this Agreement shall be
construed as limiting the right of any individual Employer to
discharge immediately any Expeditor or Expeditor-Helper for
inefficiency, insubordination, or any other just cause.
(c) This Rule does not foreclose the Union or the
Employer from exercising any other rights they may have under this
Agreement.
Rule 11. The Employer shall be responsible for the selection of a
suitable locker. In the event that the locker furnished or selected by
the Employer is considered unsatisfactory by any Employee, such
Employee shall notify the Employer at once, otherwise no
responsibility shall attach to the Employer. The suitability of the
locker, if questioned, shall be determined by the Business
Representative of the Union. In order to affix the responsibility for
the amount of loss by fire or theft, it shall be the duty of the Employer
to obtain from the Expeditor when reporting such a loss, a list and the
value of the property, which shall be verified by affidavit. In the
event of loss by fire or theft, it is agreed that the claims to be paid be
limited as follows:
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Overcoat $300.00
Clothing $500.00 upon submission of a police report
Shoes $250.00
Rule 12. No Expeditor shall be permitted to work under conditions
involving the borrowing of personnel from one individual Employer
by another.
Rule 13. It is agreed that the Business Representative shall not take
up the time of the Expeditors during working hours, except the time
required to get the facts concerning complaints.
Rule 14. No Employee shall use any automobile, other vehicle or
personal cell phone in a manner to be considered unfair to other
workers or against the interest of the Union, as determined by the
Joint Industry Board, nor shall an Employer require an Employee to
do so.
The Employer shall provide each Employee with a hands-free
telephone device.
Rule 15. It is agreed that every Expeditor shall attend and
successfully complete the National Safety Council’s prescribed
Defensive Driving Course every three (3) years. It is further agreed
that the registration fee and cost of the required textbook shall be paid
by the Expeditor’s Employer.
Rule 16. Employer agrees to pay the CDL license renewal fee for
any Expeditor on its payroll.
Rule 17. The Parties agree to develop a training and safety program
for all Expeditors and Expeditor-Helpers which will lead to any
necessary certifications.
Rule 18. The Employer shall not permit the loading of trucks in
excess of the vehicle’s maximum Gross Vehicle Weight Rating
(GVWR), which may result in overweight fines. Any such fines
131
resulting from overloading of vehicles shall be paid by the Employer
within seven (7) working days.
Rule 19. No other classification of worker or messenger shall be
utilized to transfer tools and materials to and from the shop or jobsite
with the intent to avoid the employment of an Expeditor.
Rule 20. No non-supervisory employee outside the classification of
an Expeditor or an Expeditor-Helper shall consistently perform the
duties typical of an Expeditor or Expeditor-Helper, including but not
limited to handling and delivering all materials, tools, and equipment
to and from jobsites, warehouses, offices, other jobsites, yards and
Local 3 supply houses.
Rule 21. All Employers shall make the Elektra Federal Credit Union
available to their Employees. The Employer shall make and forward
deductions for the Elektra Federal Credit Union as authorized by the
Employee by percentage and/or dollar amount, at the Employee’s
option.
Rule 22. Employers shall provide employees with the option to
participate in the NYS 529 College Savings Plan only; employers to
deduct the contributions from employees’ pay after tax and remit to
the NYS 529 Plan. Employees to select their investment options,
manage their plans, and advise subsequent Employers of their
participation in the plan.
Rule 23. It is agreed that every Expeditor shall attend and complete
forklift training every 3 years. It is further agreed that, unless run by
the Employer, the training will be outside of regular working hours
and any cost (trainer, training facility, training equipment, training
materials) shall be paid by the Expeditor’s Employer.
Rule 24. TransitChek
The Employer shall make the Commuter Benefit Program i.e.:
TransitChek, available to all of their Employees.
132
Rule 25. The Parties agree that, at the Union’s option, a dues check
off program will be instituted.
Rule 26.
(a) The JIB shall employ a Chief Officer of Diversity and
Inclusion who shall make recommendations regarding the non¬
discrimination, diversity and inclusion provisions of the collective
bargaining agreement.
(b) Superintendent is required to sign Employment Termination
Reports. If no Superintendent, then the Owner or principal of the
company must sign the Report.
Rule 27. Prior to implementation of, or any material change in, an
Employer’s policy, rule, regulation, or confidentiality/nondisclosure
agreement applicable to the Employees, the Employer shall notify the
Union of such proposed implementation of the proposed change. If the
Union objects within ten business days, the Employer will meet with
the Union in an attempt to resolve any such objections. If the parties
cannot resolve the objections, the policy, rule or regulation and/or the
proposed change shall not be implemented unless or until it is
resolved in the Employer’s favor via the grievance/arbitration
procedure. If the Union agrees to the change or if it is permitted via
the grievance/arbitration procedure, then Employees may be asked to
provide a written acknowledgment of the policy, rule or regulation,
but such acknowledgment will state that “the Employer is a party to a
Collective Bargaining Agreement (“CBA”) with Local Union No. 3,
IBEW, which governs the terms and conditions of your employment.
To the extent any provision set forth within this policy, rule or
regulation conflicts with the terms of the CBA, the CBA terms shall
govern.” This provision does not apply to policies, rules, regulations,
or confidentiality/nondisclosure agreements issued by Owners,
Construction Managers, General Contractors, etc./or Governmental
Agencies with which the Employer is required to comply by contract
or applicable law and the Union shall facilitate compliance with such
requirements.
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Rule 28. In order to address payroll deductions that an Employer
fails to remit to an appropriate entity, all Employers shall post a bond
in a form and with a Surety acceptable to the JIB. This provision
applies to payroll deductions for child support and alimony; 401(k)
payroll deductions and 401(k) loan repayments; Elektra Credit Union
deposits and loan repayments; Local #3 assessments; and court
ordered wage garnishments. For such unremitted payments, the JIB
shall collect against the bond when the JIB can verify the amounts due
and the entity to be paid and in the JIB’s judgment, collection from the
bond is necessary to protect the Employee(s). The amount of the bond
shall be in accordance with the schedule in Appendix I, which
schedule is subject to change by the Trustees of the Joint Industry
Board of the Electrical Industry. An Employer who cannot obtain a
bond must deposit a cash equivalent with the JIB. If such bond is
prohibited by an agency, the Employer can appeal to the JIB. The JIB
shall use the bond proceeds first before using the Delinquency Fund to
pay the delinquent payroll deductions and nothing contained herein
shall preclude the Joint Industry Board from following its regular
delinquency procedures.
ARTICLE IV
Jury Duty Plan
The Educational and Cultural Trust Fund will grant a supplemental
payment for each day an Expeditor serves as a juror, provided,
however, that such Expeditor at the time of jury service was an active
participant in the Industry and completed a prescribed course in
’’Citizenship Responsibility.”
This payment shall be a proportionate amount of the maximum
supplemental payment provided by the Plan. The proportionate share
will be based on the actual straight time wages earned by the
participant at the time of service as a juror.
ARTICLE V
Cancellation Clause
Section 1. The Local Union is a part of the International
Brotherhood of Electrical Workers, and any violation or annulment by
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an individual Employer of the approved Agreement of this or any
other Local Union of the IBEW, other than violations of Section 2 of
this Article, will be sufficient cause for the cancellation of this
Agreement by the Local Union, after a finding has been made by the
International President of the Union that such a violation or annulment
has occurred.
Section?. The subletting, assigning or transfer by an individual
Employer of any work in connection with electrical work to any
person, firm or corporation not recognizing the IBEW or one of their
Local Unions as the collective bargaining representative of their
Employees on any electrical work in the jurisdiction for this or any
other Local Union to be performed at the site of the construction,
alteration, painting, or repair of a building, structure or other work,
will be deemed a material breach of this Agreement.
Sections. All charges of violations of Section 2 of this Article
shall be considered as a dispute and shall be processed in accordance
with the provisions of this Agreement covering the procedure for the
handling of grievances and the final and binding resolution of
disputes.
ARTICLE VI
National Employees Benefit Agreement
It is agreed that in accordance with the Employees Benefit Agreement
of the National Electrical Benefit Fund (NEBF), as entered into
between the National Electrical Contractors Association and the
International Brotherhood of Electrical Workers on September 3,
1946, as amended, and now delineated as the Restated Employees
Benefit Agreement and Trust, that unless authorized otherwise by the
NEBF the individual Employer will forward monthly to the NEBF’s
designated local collection agent an amount equal to 3% percent of the
gross monthly labor payroll (Total Gross Wages) paid to, or accrued
by, the Employees in this bargaining unit and a completed payroll
report prescribed by the NEBF. The Employer shall also contribute
$0.50 per hour on behalf of Employees covered by this Agreement to
the National Electrical Individual Benefit, effective January 1, 2026.
The payment shall be made by check or draft and shall constitute a
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debt due and owing to the NEBF on the last day of each calendar
month, which may be recovered by suit initiated by the NEBF or its
assignee. The payment and the payroll report shall be mailed to reach
the office of the appropriate local collection agent not later than fifteen
(15) calendar days following the end of each calendar month.
The individual Employer hereby accepts, and agrees to be bound by
the Restated Employees Benefit Agreement and Trust.
An individual Employer who fails to remit as provided above shall be
additionally subject to having this Agreement terminated upon
seventy-two (72) hours’ notice in writing being served by the Union,
provided the individual Employer fails to show satisfactory proof that
the required payments have been paid to the appropriate local
collection agent.
The failure of an individual Employer to comply with the applicable
provisions of the Restated Employees Benefit Agreement and Trust
shall also constitute a breach of this labor Agreement.
ARTICLE VII
Supportive Union Action
The Union or its representatives may render assistance to other labor
organizations by removal of its members from jobs when necessary
and when the Business Manager’s office authorizes said action, but no
removal shall take place until notice is first given to the Employer
involved.
In the event that a General Strike is called to protest the national level
of unemployment, the members of this bargaining unit shall not be
precluded from joining the strike.
ARTICLE VIII
Separability
Should any provision of this Agreement be declared illegal by any
court of competent jurisdiction such provision shall immediately
become null and void, leaving the remainder of the Agreement in full
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force and effect and the parties shall thereupon seek to negotiate
substitute provisions which are in conformity with applicable laws.
ARTICLE IX
Code of Excellence
The parties to this Agreement recognize that to meet the needs of our
customers, both Employer and Employee must meet the highest levels
of performance, professionalism, and productivity. The Code of
Excellence has proven to be a vital element in meeting the customers’
expectations. Therefore each IBEW local union and NECA chapter
shall implement a Code of Excellence Program. The program shall
include minimum standards as designed by the IBEW and NECA.
ARTICLE X
Substance Abuse
The dangers and costs that alcohol and other chemical abuses can
create in the electrical contracting industry in terms of safety and
productivity are significant. The parties to this Agreement resolve to
combat chemical abuse in any form and agree that, to be effective,
programs to eliminate substance abuse and impairment should contain
a strong rehabilitation component. The parties to this Agreement
recognize that the implementation of a drug and alcohol policy and
program must be subject to all applicable federal, state, and local laws
and regulations. Such policies and programs must also be
administered in accordance with accepted scientific principles, and
must incorporate procedural safeguards to ensure fairness in
application and protection of legitimate interests of privacy and
confidentiality. To provide a drug-free workforce for the Electrical
Construction Industry, the Union and the Employer have implemented
an industry wide Substance Abuse Policy. The policy shall include
minimum standards as required by the IBEW and NECA. Should any
of the required minimum standards fail to comply with federal, state,
and/or local laws and regulations, they shall be modified by the Union
and Chapter to meet the requirements of those laws and regulations.
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ARTICLE XI
I.B.E.W. Approval
This Agreement is made subject to the approval of the President of the
International Brotherhood of Electrical Workers.
[BALANCE OF PAGE BLANK]
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Accepted – Expeditors Division
FOR LOCAL UNION NO. 3, 1.B.E.W.:
Christopher Erikson, Business Manager
Thomas Cleary, President
Richard Duva, Assistant Business Manager
Stella Fafalios, Business Representative
Thomas Ortega
Joseph Russo
Approved:
Kenneth W. Cooper
International President
I.B.E.W.
Washington, D.C.
FOR THE EMPLOYER:
NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION
Alex Samilenko, Chief Negotiator
Robert Amabile, President
Andrew Drazic, Secretary
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APPENDIX I
BONDING REQUIREMENTS
(1) FOR PAYROLL DEDUCTIONS REQUIRED OF ALL
EMPLOYERS
(a) Required to be maintained by the Employer for the
duration of the CBA, these bonds are to cover payroll
deductions such as child support and alimony; 401(k)
payroll deductions and 401(k) loan repayments; Elektra
Credit Union deposits and loan repayments; Local #3
assessments; and/or court ordered wage garnishments.
(b) The face value of the bond is as follows:
NUMBER OF
PERSONEL
REQUIRED VALUE
OF THE BOND
10 or less $10,000
11-25 $25,000
26-50 $50,000
51+ $100,000
(c) Any Employer that is not able to obtain a bond must
deposit the cash equivalent in the form of a bank check
made payable to the “Joint Industry Board of the
Electrical Industry”.
(d) The Joint Industry Board of the Electrical Industry must
be listed on the bond as the Payee.
(e) The bond should include the following language:
The purpose of this bond is to cover all
payroll deductions and assessments made by
the Employer which the Employer failed to
remit to the appropriate payee.
(2) WAGE & BENEFIT BOND REQUIRED OF NEW
EMPLOYERS BOUND,AFTER APRIL 13. 2022
(a) In addition to the Bond described under (1) above, all
new Employers that become bound to the CBA after
April 2922, including by Letter of Assent, will be
required to also procure a Wage and Benefit Bond to
cover wages and benefits due under the CBA.
(b) The bond must be maintained for the first two (2) years
of work following the day that the Employer becomes
bound to the Agreement. Upon conclusion of the two
(2) years, the JIB, subject to the approval of the
Trustees, will determine if the bond should be extended.
(c) The face value of the bond is as follows:
AVERAGE AMOUNT OF
WEEKLY BENEFITS
PAYABLE TO THE JIB
BY THE EMPLOYER
REQUIRED
VALUE
OF THE BOND
$0- $10,000 $25,000
$10,000 – $25,000 $80,000
$25,000 – $50,000 $200,000
$50,000 – $100,000 $500,000
$100,000 -$200,000 $1,000,000
$200,000 – $300,000 $2,000,000
$300,000 – $400,000 $3,000,000
$400,000 – $500,000 $4,000,000
$500,000 -$1,000,000 $5,000,000
$1,000,000 -$1,500,000 $10,000,000
$1,500,000 and above $15,000,000
(d) An Employer who is not able to obtain a bond must
deposit the cash equivalent in the form of a bank check
made payable to the “Joint Industry Board of the
Electrical Industry”.
(e) The Joint Industry Board of the Electrical Industry must
be listed on the bond as the Payee.
(3) PURCHASING THE REQUIRED BONDS
(a) Employers are permitted to engage the services of any
Bond Broker and/or Surety Company of their own
choosing and preference so long as the Surety produces
a bond form, and maintains a company rating,
acceptable to the JIB.
(b) In the event the Employer needs assistance locating a
suitable Surety Company, the Brokers listed below are
familiar with the JIB’s bonding requirements and are
available to assist the Employer in all aspects of the
process. The Employer is solely responsible for all fees
and costs of both the Broker and Surety Company.
George O. Brewster
Senior Vice President
Alliant Construction Services
Group
Alliant Insurance Services, Inc.
333 Earle Ovington Blvd. Suite
700
Uniondale,NY 11553
516-414-8929 Office Dial
abrewster@alliant.com
Eamonn Long
Vice President
Alliant Americas
Alliant Insurance Services, Inc.
222 Bloomingdale Rd., Suite 400
White Plains,NY 10605
914-220-5826 Direct Dial
914-220-5830 Cathy Urquhart
elong@alliant.com
(4) FORWARDING THE BONDIS) TO THE JIB:
(a) Once issued, the bond(s) should be immediately
forwarded to the Legal Department at the JIB, along
with a cover letter that includes the contact information
of a knowledgeable representative of the Employer who
is authorized to discuss any issues or concerns, if
applicable, that the JIB may have with the bond
documentation:
Legal Department
Joint Industry Board of the Electrical Industry
158-1 1 Harry Van Arsdale Jr. Avenue
Flushing, New York 11365
(718) 591-2000
csessa@jibei.com
NEW YORK
NATIONAL ELECTRICAL
CONTRACTORS ASSOCIATION
NEW YORK CITY CHAPTER