NYECA Local Union 3 CBA 4.13.2022 thru 4.9.2025

AGREEMENT AND WORKING RULES between NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION INC and LOCAL UNION No 3 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFLCIO EFFECTIVE APRIL 13 2022 401 PM THROUGH APRIL 9 2025 400 P M AGREEMENT AND WORKING RULES INDEX TITLE PAGE ARTICLE Absenteeism Unscheduled 35 Article III Rule 3 s Additional Security Benefits Plan 14 Article II Section 6 Administration and Costs 24 Article II Section 15 16 Agreement Term 7 Article I Section 1 and 2 Agreement Violation 62 Article VI Section 1 Alternate Dispute Resolution 28 Article III Rule 2 d vi Annuity Plan 13 Article II Section 5 AntiDiscrimination 6 Preamble Section 5 Apprentice Day School 34 Article III Rule 3 n Apprentice Training Fund 25 Article II Section 19 Apprentice Work 47 Article III Rule 13 Apprentices 46 Article III Rule 12 Audit 23Article II Sect 13 b c Benefit and Wage Plan 22 Article II Section 12 b Benefit ContributionsStraight Time 23 Article II Section 13 Bonuses 11 Article II Sect 2 b c Borrowing of Personnel 49 Article III Rule 19 Business Representative Complaint Investigation 49 Article III Rule 20 Chief Officer of Diversity and Inclusion 42 Article III Rule 10 vi Clothing and Tools Allowance 49 Article III Rule 16 Composition of Workforce 41 Article III Rule 10 Credit Union 58 Article III Rule 30 Defective Work 50 Article III Rule 22 Deferred Salary Plan 15 Article II Section 9 Deliveries Jobsite 50 Article III Rule 24 Dental Benefit Plan 12 Article II Section 4 Disability Insurance 27 Article III Rule 2 d iv Dispute Resolution 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 41 Article III Rule 10 a iii EESISP 27 Article III Rule 2 d iii Employer Rules 26 Article III Rule 2 I INDEX TITLE PAGE INDEX Employer Subterfuge ofLabor 29 Article III Rule 2 f Employer Work Operations 9 Article I Section 2 g Employment Committee 23 Article II Section 14 a Employment Plan 24 Article II Section 14 b FICA Contributions 33 Article III Rule 3 m p Foreperson Wages 41 Article III Rule 10 a i Furlough Periods 60 Article III Rule 38 General Foreperson Wages 43 Article III Rule 10 ix Health Reimb Account Plan 14 Article II Section 8 High Climber Wages 57 Article III Rule 29 High Voltage 49 Article III Rule 17 Hours 31 Article III Rule 3 a e IBEW Approval 69 Article XII IBEW Code ofExcellence 3 Section 4 b Job Security Fund 25 Article II Section 20 Job Steward 45 Article III Rule 10 i Joint Industry Board l O Article II Sections 1 and 2 Joint Industry Board Operations 24 Art II Sect 15 16 17 18 J oumeyperson Rules 25 Article III Rule 1 Jurisdiction 7 Article I Section 2 c d Jurisdictional Disputes 63 Article VIII Jury Duty Plan 61 Article IV Lateness 35 Article III Rule 3 r Layoff 3 8 Article Ill Rule 6 c Legal Services Plan 25 Article II Sec ion 21 Lighting Fixtures 50 Article III Rule 23 Lockers 49 Article III Rule 16 Lunch Period 37 Article III Rule 4 b iv Modification 9 Article I Section 2 f National Electrical Benefit Fund 62 Article VII National Labor Management 64 Article X Overtime Authorization 3 8 Article III Rule 5 Overtime Rate 36 Article III Rule 4 Paid Family Leave Act 29 Article III Rule 2 d vii Payroll Deductions 24 Article II Section 17 11 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 1 Project Manager 46 Article III Rule 11 Safety 49 Article III Rule 21 Separability 64 Article IX Shafts and Tunnels 53 Article III Rule 27 Shift Work 3 6 Article III Rule 4 b Shop Steward 45 Article III Rule 10 i Show Up Pay 3 8 Article III Rule 6 Social Security 33 Article III Rule 3 m Standard Gross Wages 11 Article II Section 2 b Strikes Lockouts 63 Article VIII Substance Abuse 66 Article XI Superintendent 61 Article V Supervisors Training 41 Article III Rule 10 ii Supplementary Fund 13 Article II Section 5 Surety Bonds 59 Article III Rule 36 37 Temporary Wiring 50 Article Ill Rule 26 27 Termination ofEmployment 40 Article III Rule 9 Tool Allowance 49 Article III Rule 16 Tools Employers 47 Article III Rule 14 Tools Personal 47 Article III Rule 15 Tools Sharpending 49 Article III Rule 18 Total Gross Wages 23 Article II Section 13 a TransitChek 5 8 Article III Rule 31 Traveling Time Expenses 39 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 10 Vacations and Holidays 19 Article III Section 10 Vehicle Use 50 Article III Rule 25 Wage Payments 39 Article III Rule 7 111 TITLE INDEX PAGE INDEX Wage Rates 32 Article III Rule 3 f1 Work Clothes Allowance 49 Article ill Rule 16 Work Reporting Not Allowed to Start 38 Article III Rule 6 Workday 31 Article III Rule 3 b Workers Compensation Insurance 27 Article III Rule 2 d iii Working Rule 25 Article III Workplace Rules 54 Article III Rule 28 Written Warning 40 Article III Rule 9 IV TITLE TELEPHONE INTERCONNECT EMPLOYEES ARTICLE XIII INDEX PAGE SECTION After Hours Work 76 Section 6 Rule 3 Apprentices 78 Section 6 Rule 9 CallOut 77 Section 6 Rule 4 Committee of Joint Board 71 Section 2 Deliveries to the Job Site 79 Section 6 Rule 10 Effect of this Article 72 Section 6 Extent of Telephone Interconnect Work 71 Section 4 Flex Hours 7 5 Section 7 Rule 2 c Foreperson 73 Section 7 Rule 1 Hiring Supervisors 79 Section 6 Rule 11 Licensing 72 Section 5 Maintenance Work 74 Section 7 Rule 2 No Strike 78 Section 6 Rule 6 Recognition 71 Section 3 Reimbursement of Expenses 78 Section 6 Rule 8 Remote Maintenance 76 Section 5 Rule 2 d Tools Personal 77 Section 6 Rule 5 Training Expense 78 Section 6 Rule 7 Work Rules 73 Section 7 V TITLE ADMINISTRATIVE EMPLOYEES ARTICLE XIV INDEX PAGE SECTION Additional Security Benefits Plan 86 Section 8 Annual Reporting 82 Section 1 Annuity Plan 86 Section 7 Better Terms and Conditions 98 Section 30 Bonuses 95 Section 22 Classifications 84 Section 5 Confidential Employees 82 Section 1 Contributions on Standard Gross Wages 95 Section 22 Credit Union 99 Section 33 Deferred Salary Plan 91 Section 12 Delinquent Contributions 96 Section 23 Dental Benefit Plan 94 Section 20 Dues Program 99 Section 35 Educational Cultural Trust Fund 94 Section 19 Employment 98 Section 31 Health Reimbursement Account Plan 90 Section 11 Hiring Portal 99 Section 32 IBEW Approval 99 Section 3 7 IBEW Code of Excellence 99 Section 36 JIB s Authority to Collect 96 Section 24 Moonlighting 98 Section 29 National Electrical Benefit Fund 96 Section 25 New Personnel Notifications 82 Section 1 Overtime 84 Section 4 Pension Hospitalization and Benefit Plan 93 Section 18 Recognition and Representation 82 Section 1 Restated Employees Benefit 96 Section 23 Seniority 93 Section 15 Separability 99 Section 34 Severance Pay 92 Section 14 Shop Stewards 97 Section 27 Vl TITLE ADMINISTRATIVE EMPLOYEES ARTICLE XIV INDEX PAGE SECTION Sick and Bereavement Days 94 Section 21 Social Security 93 Section 16 Stabilization 97 Section 26 Status as New Employee 92 Section 13 Subletting and Subcontracting 98 Section 28 Supplementary Fund 86 Section 7 Tenn of Agreement 83 Section 3 Trust and Plan Documents 96 Section 23 Union Security 83 Section 2 Vacations Holiday and Unemp Plan 87 Section 9 Vacations and Holidays 87 Section 10 Wages 85 Section 6 Work Week and Overtime 84 Section 4 vu 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 AFLCIO 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 Memorandum of Agreement to be bound by this Agreement or Letter of Assent The term Union shall mean Local Union No 3 IBE W AFLCIO 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 AFLCIO in New York City This Agreement covers inside and outside work WITNESSETH PREAMBLE 1 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 Unions 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 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 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 2 secondary wage scale is no longer necessary they will wholeheartedly cooperate in the Unions 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 industry 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 nonproductive 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 industry the success of our contractors and the security of our Electricians 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 3 Perf onn 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 hours 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 customers 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 Employers 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 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 4 As with Stewards IBEW members employed m managementsupervision 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 managementsupervision 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 layoutdirections 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 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 wellpaying jobs to satisfy the economic needs of families including food housing health care education recreation and economic security in 5 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 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 Industrys comprehensive nondiscriminatory Apprenticeship Program and the Unions 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 nonunion 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 affirmative action program to preclude discriminatory practices by any party to this Agreement on the basis of characteristics listed in 5a above against persons who may be qualified for employment under this Agreement 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 antidiscrimination 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 6 overrepresentation in workforce reductions At the time of hire all Employees will be provided with information by their Employer concerning industrywide principles of nondiscrimination 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 joumeypersons 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 13 2022 at 401 PM and shall remain in effect until April 9 2025 at 400 PM 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 9 2025 and any time thereafter by giving the other party at least ninety 90 days notice in writing of modification or termination prior to April 9th 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 Agreement and the Union shall immediately notify the Employer of any such concession c not be limited to The jurisdiction of the Union shall include but i The manufacture assembly construction installation erection repair or maintenance 7 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 superv1s1on of all electrical equipment apparatus appliances or devices by which the energy known as electricity is generated utilized and controlled 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 green technology that collect convey convert or manipulate energy for the purpose of providing light power control or communications in a manner that conserves enhances or promotes a healthy environment d All Employers who are a party to this contract 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 may not enter into a 8 Collective Bargaining Agreement in which it agrees to have nonUnion members perform such work The Unions 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 Industry 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 Chairpersons 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 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 Unions 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 Employers andor owners rules and regulations not inconsistent with this Agreement in requiring all Employees to observe all safety regulations and in discharging Employees for proper cause 9 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 Unions organizing efforts the Union has the authority to rate the skills of nonunion electrical personnel who are being organized place them in appropriate ClassificationsDivisions in the Union and determine the extent and pace of their progression so long as such good faith and nondiscriminatory determinations do not undermine the Unions contractual commitments to the Employer ARTICLE II Section 1 There shall be a Joint Industry Board consisting of fifteen 15 persons representing the Union and fifteen 15 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 exofficio member of the Joint Industry Board By February 1st of each year the parties shall notify each other in writing of the names of their representatives to this Joint Industry Board 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 10 Employers employing electricians represented by Local Union No 3 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 ie 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 shll not be limited to all compensation paid to an Employee by the Employer for vacations holidays sick days personal time nonaccountable 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 Employees 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 individuals average total wages from that Employer for the last four 4 years as compared to hisher 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 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 11 Superintendent Asst Superintendent AJ Working as Project Managers Effective 41322 292000 292000 235500 Effective 41223 299000 299000 242500 Effective 41024 302500 302500 246000 Section 3 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 Effective I Effective Effective I 1 41322 I 41223 I 410124 I j 1 s1 2nd 3rd and 4th j 2092 plus j 2092 plus i 2092 plus i yr Apprentices J 1 00hoIr J 125hour J 150hour J I M Helpers I 2092 plus 2092 plus I 2092 plus I I 100hour l 125hour l 150hour l j MIJ and j 2292 plus j 2292 plus j 2292 plus j I Joumeypersons on I 100hour I 125hour I 150hour i M rated work I u uu Joumeypersons on 3945 plus 3945 plus 3945 plus l A rated work 525hour l 600hour I 600hour I l I L 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 1 s1 2nd 3rd and 4th year Apprentices b M Helpers c MIJ and Joumeypersons on M rated work 12 204 204 204 d Joumeypersons on A rated work 314 Section 5 The Joint Industry Board shall administer the Annuity Plan of the Electrical Industry Employers shall make contributions as follows f I Effective l Effective r Effective 1 41322 i 41223 41024 I f I 100om I 150om I 200om I I F I I I 0 MIJ and 175hour I 275hour I 275hour I i Plus 25hour i Plus 25hour i Plus 25hour i J oumeyperson l to the i to the to the s on M rated I I Supplementary I Supplementary I Supplementary I I I I M Helpers 1 00hour J 1 50hour l 200hour l 1 500hr 1 500hr 1 650hour 1 I Joumeyperson Plus 50hr to I Plus 50hr to I Plus 050 to I I s on A rated I the I the I the I I work I Supplementary I Supplementary Supplementary I i LFund J F11nd i Fund J 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 13 2022 b April 12 2023 100 per hour 150 per hour 13 c April 10 2024 200 per hour Upon the successful completion and graduation from the Apprentice Program the graduate will receive a graduation award as determined by the Apprentice Program Trustees which award may but need not include a payment to the Annuity Plan of the Electrical Industry on the graduates behalf If the apprentice does not complete and graduate from the Apprentice Program all monies contributed on the apprentices behalf to the Apprentice Graduation Fund shall default to the Joint Apprentice Training Fund The Supplementary Fund shall receive the additional contributions to be held for the purpose of paying death benefits if there is not sufficient interest from which to pay the death benefit The remaining balance in the Supplementary Fund at the end of each fiscal year shall be proportionately distributed to those individuals on whose behalf the contributions were made based on the amount contributed for each individual 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 shall be administered by the Joint Industry Board in accordance with the terms of the Plan 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 14 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 a b C l st 2nd 3rd and 4th Year Apprentices MIJ and J oumeypersons on M work M and H Telephone Helpers d Joumeypersons on A rated work 175 400 175 650 Contributions will be credited to each Employees Health Reimbursement Account until the Employees account balance reaches the maximum account balance allowed by the Plan as determined from time to time by the Joint Industry Board When an Employees 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 Employees behalf as an Employer contribution as set forth in Section 9 below In accordance with the terms of the Health Reimbursement Account Plan each Employees Health Reimbursement Account will be reviewed periodically If during such periodic review a participants 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 Employees 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 Employees account balance in the Health Reimbursement Account 15 Section 9 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 A rated Journeypersons 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 1 1 s1 2nd 3rd and 4th year Apprentices a 250 per hour plus b Fifteen and onehalf 155 percent of the Employees standard gross wages plus c contributions otherwise payable to the Health Reimbursement Account Plan after the Employees account balance in the Health Reimbursement Account Plan reaches its maximum allowable amount plus 16 11 MIJ and Joumeypersons on M rated work a an amount equal to the Employees 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 Employees behalf exceed the maximum annual Employee FICA payment as required by law The Joint Industry Board shall advise the Employer of the Employees status at the time of employment plus b 150 per hour plus c Fifteen and onehalf 155 percent of the Employees standard gross wages plus d contributions otherwise payable to the Health Reimbursement Account Plan after the Employees account balance in the Health Reimbursement Account Plan reaches its maximum allowable amount plus 111 M Helpers a 250 per hour plus b Fifteen and onehalf 155 percent of the Employees standard gross wages plus 17 c contributions otherwise payable to the Health Reimbursement Account Plan after the Employees account balance in the Health Reimbursement Account Plan reaches its maximum allowable amount plus 1v Joumeypersons on A rated work a an amount equal to the Employees 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 Employees behalf exceed the maximum annual Employee FICA payment as required by law The Joint Industry Board shall advise the Employer of the Employees status at the time of employment plus b sixteen and onehalf 165 percent of the Employees standard gross wages plus c contributions otherwise payable to the Health Reimbursement Account Plan after the Employees account balance in the Health Reimbursement Account Plan reaches its maximum allowable amount d Employers must provide Employees with Deferred Salary 18 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 States 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 c Roth 40 lk 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 19 contributing Employers for fifteen 15 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 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 Vacation Holiday and Unemployment Plan shall be paid from the Vacation Holiday and Unemployment Plan in accordance with the rules established by the Trustees of the Vacation Holiday and Unemployment Plan for vacations unemployment and Holidays to the extent the Employee has an account balance b All 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 Vacation Holiday and Unemployment Plan and the Additional Security Benefits Plan can withdraw funds for vacations 20 and holidays from the Deferred Salary Plan in accordance with the rules established by the Trustees of the Deferred Salary Plan 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 Years Day Martin Luther King Jr Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Harry Van Arsdale Jrs 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 the 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 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 onehalf for those hours worked in addition to the holiday benefit above Employees shall have the option to take off on Juneteenth and Election Day without any penalty or repercussions on the job and may take money out of the Employees Vacation Holiday Unemployment Plan Additional Security Benefit Plan or Deferred Salary Plan account equal to the days pay 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 167 b Joumeypersons on M Rated work and MIJ s shall be 52 c 1st 2nd 3rd or 4th year Apprentices and M Helpers shall be 52 Of the amount being contributed up to 150000 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 twentyfive dollars 62500 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 Benefit and Wage Plan when at the Chairpersons discretion if the Chairperson determines that the amount in the Job Security Fund Benefit and Wage Plan is more than seventy 70 percent of the 22 average weekly payroll or the amount of the delinquency is less than forty 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 Chairpersons 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 nonFICA 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 on premium 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 Employers 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 ofup to four Employers 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 Employment Plan as 23 administered by the Employment Department of the Joint Industry Board b The Employment Plan of the Electrical Contracting Industry as amended in 2016 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 onequarter of one 25 percent of their weekly standard gross wages to the Joint Industry Board for all Employees except Apprentices M M Helpers and MU Joumeypersons 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 loan repayments paid family leave and COP E 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 2a 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 130 percent of the weekly standard gross wages for all Employees except for their apprentices M M Helpers and MIJ Joumeypersons 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 55 of the weekly standard gross wages 25 to the Benefit and Wage Plan and 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 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 fudustry Section 21 Legal Services Plan The Joint fudustry Board shall administer the Legal Services Plan of the Electrical fudustry Effective April 13 2022 Employers shall contribute to the Legal Services Plan 15 of the weekly standard gross wages for the M Joumeypersons MIJ Apprentices and Helpers in their employ Effective April 12 2023 Employers shall contribute to the Legal Services Plan 15 of the weekly standard gross wages for the A Joumeyperson and A Telephone worker 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 25 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 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 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 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 Bureau of Electrical Control c Opportunity for field training will be provided for the Employers children where this training is intended to qualify 26 the individual to succeed to a management position m 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 1 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 Job safety meetings shall be mandatory on all jobs and held at times designated by the Employer 111 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 wrapup 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 Article I Section 2b The Joint Industry Board shall at the direction of EESISPs Executive Committee administer the operation of EESISP Those electrical workers suffering from the injuries defined by the Executive Committee of EESISP as qualifying for 27 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 twothirds 23 of the individuals wages iv Every Employer agrees to be a member of and participate in the Electrical Industrys 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 twentysix 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 Employees regular salary when added to the New York State statutory rate The current premium rate for disability benefits shall be onehalf of one 50 percent to adequately fund the statutory and supplemental disability benefits v 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 EESISPs recoverable statutory lien vi 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 Dispute Resolution to be administered by EESISP and for the selection of health care providers and facilities to render medical and related treatment of workrelated injuries and illnesses pursuant to subdivision 2C of Section 25 of the Workers Compensation Law 28 Such programs established by the Committee are subject to the final approval of the signatories to this Agreement vii Every Employer shall provide coverage for the NYS Paid Family Leave Act through EESISP Premium payroll deductions shall be made from each Employees pay check as set by the EESISP Trustees and forwarded to EESISP e 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 f 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 protection and preservation of such work it is hereby agreed as follows If and when an Employer shall perform any onsite 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 29 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 111 If as a result of violations of this Section it is necessary for the Union andor the Trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection 2 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 andor the Benefit Plans plus cost of the litigation which have resulted from the bringing of such court action g It is mutually agreed that two 2 Employers may enter into a Joint Venture Arrangement to perform contracts in excess of 6000000 h Every individual Employer agrees to employ a mm1mum 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 Employers case i 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 30 Rule 3 a The work week of Joumeypersons shall commence on Wednesday at 401 PM and end the following Wednesday at 400 PM The Employee shall be prepared for work for the full period of the work day in effect for the full 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 full period of each work day and work week The Employer shall terminate an individual who fails to work for the full period of each work day for each full week b The hours of labor for J oumeypersons shall be five 5 hours per day said hours shall be performed from 800 AM to 1130 AM and from 1230 PM to 200 PM every day except Saturdays Sundays and Holidays It is agreed that Joumeyperson Electricians shall work a sixth and seventh hour at straight time c In order to increase efficiency at the Employers 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 Employers 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 800 AM to 11 30 AM and from 1230 PM to 400 PM 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 31 f The m1mmum hourly rate for Joumeyperson Electricians on A rated work shall be as follows 1 Effective April 13 2022 11 Effective April 12 2023 111 Effective April 10 2024 59 00 per hour 6100 per hour 6200 per hour All hours worked in excess of seven 7 hours shall be paid at the rate of time and onehalf g The hourly rates for General Foreperson Foreperson and SubForeperson shall be at least the same amount as specified in Rule 10 h 3040 electricians 41100 electricians Over 100 electricians i Minimum rates for Superintendents 500 over A rate 1500 over A rate 2000 over A rate Minimum rate for Assistant Superintendents 1000 over A rate G The hourly rate for Joumeyperson Electricians on M rated work who became members of Local Union No 3 after May 10 2007 shall be as follows 1 First and Second year M Electricians Effective April 13 2022 Effective April 10 2024 2675 per hour 27 50 per hour 11 Third and Fourth year M Electricians Effective April 13 2022 Effective April 10 2024 32 3125 per hour 3200 per hour k The hourly rate for MUrated work who entered the apprenticeship program after May 10 2007 shall be as follows 1 Upon the commencement of working as an MU 2675 per hour 11 After first year as a MU including after exercising the option to continue working as MU for an additional 12 months after completing 18 months 3125 per hour 1 The hourly rate for Apprentices shall be as follows Step Increases Onehalf of the amount of all increases shall begin at a time period halfway between scheduled progression step increases provided that the Apprentice has met all of the program requirements The wages for all years of Apprenticeship shall be increased as follows For those accepted into the Apprentice l I Program on or after 51007 Effective APril 3 022 J I 1st Year1 st half l 1800hr I f pt Year2 nd half j 1850hr i I 2nu Year1 st half I 1950hr 1 d d 1 2n Year 2n half I 2050hr i I 3ru Year pt half I 2150hr I I 3ru Year2nu half I 2250hr I 4th Year 1st half I 2350hr l l4 th Year2 ndhalf I 2550hr l r u m It is further agreed that each individual Employer shall pay the Employees share of FICA Social Security and Medicare contributions for all A Apprentices 33 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 Apprentices Employer during the Apprentices attendance at day school and the ATP shall pay to or on behalf of the Apprentice the Apprentices 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 employmentrelated 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 be as follows The minimum hourly rate for M helpers shall Step Increases Onehalf of the amount of all increases shall begin at a time period halfway between scheduled progression step increases provided that the M helper has met all of the program requirements The wages for all years ofM helpers shall be increased as follows I For those first employed as a M l Helper on or after 51007 I Effective April 3 022 I I 1st Term 1st half 1 1800hr 1 l 1st Term 2nd half 1 1850hr j i 2nd Term pt half l 1950hr j r 2nd Term 2nd half j 2050hr 1 j 3rd Term pt half j 2150hr j 3rd Term 2nd half 2250hr I j 4th Term pt half i 2350hr j 4th Term 2nd half 2550hr 1 riu For those first employed as a M Helper on or after May 10 2007 and prior to May 8 2013 progression from one term to the next will 34 be twelve 12 months and from onehalf to the next progression will be six 6 months M Helpers who first become participants in the M Helper Program on or after May 8 2013 will have to work eighteen 18 months before progressing to the status of the next term helper and from onehalf to the next progression will be nine 9 months M Helpers hired after April 13 2022 will be required to pass a practical exam to advance from a M Helper to a M J oumeyperson p It is further agreed that each individual Employer shall pay the Employees 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 onehalf 12 hour past the scheduled hour of start Any Employee more than onehalf 12 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 Electricians work shall also include work on the DC portion and associated mechanical equipment related to solar photovoltaic systems excluding battery storage and its associated equipment including low voltage work 35 related to Weather Stations and Data AcquisitionsMonitoring Systems on solar photovoltaic systems with the M Joumeypersons to be paid at the rate of 3125 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 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 onehalf 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 800 AM and 430 PM 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 13 2022 Effective April 12 2023 Effective April 10 2024 59 00 per hour 6100 per hour 6200 per hour ii The second shift swing shift shall be worked between the hours of 430 PM and 1230 AM Workers on the Swing Shift shall work seven and onehalf 7 12 hours The second shift swing shift rate shall be 11734 of the straight time rate Effective 41322 5900 X 11734 6923hr 6923 X 75 51923 Effective 41223 6100 X 11734 7158 7158 X 75 53683 36 Effective 41024 62x 11734 7275 7275 X 75 54563 QT Rate 6923 X 15 10385 QT Rate 7158 X 15 10737 QT Rate 7275 X 15 10913 111 The third shift graveyard shift shall be worked between the hours of 1230 AM and 800 AM Workers on the Graveyard Shift shall work seven 7 hours The third shift grave yard rate shall be 13143 percent of the straight time rate Effective 41322 Effective 41223 Effective 41024 5900 X 13143 6100 X 13143 6200 X 13143 7754hr 8017 8149 7754 X 7 8017 X 7 56121 8149 X 7 54281 57041 QT Rate QT Rate QT Rate 8017 X 15 77 54 X 15 12026 8149 X 15 12224 11631 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 onehalf 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 800 AM day shift 430 PM swing shift or 1230 37 AM graveyard shift the entire shift shall be paid at the higher shift rate v111 When a day shift is worked by an Employer that Employers second or third shift must employ at least twentyfive 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 shall be paid on the full 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 onehalf Rule 5 No overtime shall be permitted except on emergency work No overtime shall be worked without permission from the Business Managers 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 onehalf hour before layoff or discharge to pack their tools and belongings Typically layoffs should be at the end of a full 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 38 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 400 PM 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 b Regardless of whether wages are paid by check or in cash each Employer will provide each Employee weekly along with the Employees pay either a pay check stub or separate statement showing the Employees 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 40lk Deferral for both regular and Roth 40lk Loan Repayment Ed Cult Loan Repayment deductions for Paid Family Leave Loe 3 Loan Fund Repayment Loe 3 Dues Local 3 Working Assessment deductions for Elektra Federal Credit Union COPE and any other payroll deductions c All Employers shall provide for direct deposit of paychecks at the Employees 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 39 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 andor board and room No Electrician shall be paid more than six hours traveling time in any twentyfour hours Rule 9 a Written Warning The Employer shall give the Employee a written warning regarding the Employees 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 Employees records If an Employee is terminated for cause four 4 times in a twentyfour 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 Departments nonreferral 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 40 c There shall be a subcommittee 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 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 400 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 seventyfive 475 cents per hour above the A Joumeyperson rate All jobs below 2000000 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 Supervisors 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 Supervisors 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 41 of becoming a Supervisor or the Supervisors 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 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 Trustees of the JIB The Chief Officer of Diversity and Inclusion shall oversee Diversity in the industry and make recommendations regarding the nondiscrimination diversity and inclusion provisions of the Agreement and Working Rules vii In order to become a SubForeperson or a Foreperson on a job where there are i ten 10 or less workers a SubForeperson or Foreperson must be a Joumeyperson for at least one 1 year and ii more than ten 10 workers a SubForeperson 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 onthejob experience the SubForeperson and Foreperson must have taken all the required safety courses including CPR LockoutTagout 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 SubForeperson or Foreperson to take in order to protect the Joumeypersons and apprentices working for the Foreperson or SubForeperson 42 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 fraction thereof a SubForeperson 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 SubForepersons are employed a General Foreperson shall receive the following General Forepersons wages if One SubForeperson 500 per hour above the pay of the Joumeyperson Two SubForepersons 550 per hour above the pay of the Joumeyperson Three SubForepersons 600 per hour above the pay of the Joumeyperson Four SubForepersons 650 per hour above the pay of the J oumeyperson Five SubForepersons 700 per hour above the pay of the J oumeyperson A SubForeperson will receive four dollars and seventy five cents 475 per hour above the pay of the Joumeyperson The rates of any General Foreperson Foreperson or SubForeperson 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 SubForepersons 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 43 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 3 50 cents per hour above the hourly rate of the A Joumeyperson c An M J oumeyperson can be designated as a Foreperson via a letter from the Employer provided the Employee has CPR and LockOut TagOut 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 100hour ii On jobs superv1smg 10 or more workers 150hour d A Foreperson working overtime shall receive time and onehalf 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 SubForeperson shall be permitted to use hand tools for testing instructional purposes and to gain access to equipment 44 f SubForepersons shall not work with their tools if there are eight 8 or more Electricians undertheir supervision g It is understood that a Foreperson or SubForeperson assigned to perform temporary light andor power installations or maintenance may also be assigned other supervisory duties h The parties agree to establish a training program for the purpose of training SubForepersons 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 Joumeyperson 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 J oumeyperson 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 Stewards 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 111 In regard to any problem on the job a Steward may communicate with the Foreperson or the Employers Superintendent and shall not discuss it with the owner or the General Contractors representative 45 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 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 1000000 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 Joumeyperson ratio on any job or in any shop 1 Apprentice to 1 Joumeyperson 1 Apprentice to 2 J oumeypersons 1 Apprentice to 3 J oumeypersons 2 Apprentices to 4 Joumeypersons 2 Apprentices to 5 Joumeypersons 2 Apprentices to 6 Joumeypersons 3 Apprentices to 7 Joumeypersons ETC 46 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 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 andor 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 Employers 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 Journeypersons and Apprentices shall be required to furnish their own personal tool kit which shall include the following minimum list of hand tools 47 I TOOL BOX AND LOCK I 6 FOOT RULE I PUMP PLIERS I 9 SIDE CUTTING PLIERS 3 SCREW DRIVERS Small Medium Large 2 PHILIPS SCREW DRIVERS Small Medium I ELEC1RICIANS KNIFE I CLAW HAMMER IHACK SAW I FLASHLIGHT I TAP WRENCH I LEVEL 9 I PLUMB BOB I ADJUSTABLE WRENCH I DIAGONAL PLIERS IAWL I LONG NOSE PLIERS I FUSE PULLER I COMPASS SAW I VOLTAGE TESTER I 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 Manufacturers Certificate of Competency must be obtained where necessary Where Certificate of Competency is not necessary onthejob 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 48 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 Overcoat 25000 Clothing 25000 Shoes 25000 Tools 35000 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 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 18 Individual Employers shall provide for the sharpening of all cutting tools Rule 19 No personnel shall be permitted to work under conditions involving the borrowing of Employees from one individual Employer by another Rule 20 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 21 The Employer agrees that all work shall be done in a safe and competent manner m accordance with the contract 49 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 22 Joumeyperson Electricians shall be required to correct defective work for which they are responsible on their own time during regular working hours Rule 23 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 24 Although it is mutually agreed that it is the jurisdiction of the Electrician to offload and handle all deliveries of electrical material and tools at a jobsite it is understood that a delivery person may hand carry 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 25 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 Joint Industry Board nor shall an Employer require an Employee to do so Rule 26 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 50 buildings undergoing alterations subways and bridges etc under construction shall be under the jurisdiction of the Union a Temporary 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 deenergized for any reason only a Joumeyperson Electrician employed by the permittedresponsible electrical contractor may unlock inspect repair or maintain the affected part of the system and qualify them safe to reenergize 1 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 J oumeyperson Electrician 11 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 at the straight time rate from Monday 800 AM Friday midnight All other shifts are at the overtime rate including holidays b Local Union No 3 IBEW does not relinquish the jurisdiction over electrical work or the maintenance or repair of temporary light power or heating systems If up 51 to three 3 Joumeypersons are employed on temporary light and power they will be allowed to also perform productive work at the Employers 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 J oumeypersons 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 lockingon agreement under subsection a shall not be restored until adequate preventive action acceptable to the Union is implemented For reference purposes prior to April 2019 Rule 26a 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 such temporary equipment unless i one 1 trade is loading materials with no more than five 5 workers or ii refuse removal or cleanup 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 52 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 onehalf hour earlier or later than the normal work day of the job at the straight time rate ie 700 am start can shift to 630 am or 730 am 800 am start can shift to 730 am or 830 am 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 Rule 27 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 53 of life support equipment shall be under the jurisdiction of Local Union No 3 IBEW 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 siterelated equipment a Journeyperson Electrician shall remain on site to maintain power for such temporary equipment while in use Rule 28 a The following workplace rules have been agreed to i Premanufactured light stands can be used however they are to be maintained and moved by an Electrician 11 BX may be used for home run cables 111 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 vi Preconnectorized fixtures harnesses masterslave and prefabricated plugin strips for light bars may be used vn Preterminated fiber cable may be used v111 Preterminated coax cable may be used 54 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 x1 Prefabricated AV cabinets may be received with equipment installed XU the contractors Quickpull cable may be used at the direction of x111 Premanufactured 90 bends may be used at the discretion of the contractors XIV Premanufactured nipples to 12 in length may be used xv Batteryoperated tools may be used at the contractors discretion xvi Safety rules including the use of Nomex suits are the Employers responsibility and may be addressed through the Electrical Employers Self Insurance Safety Plan xvu Factory manufactured knockouts are permitted xv111 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 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 jobbyjob basis between the hours of 11 30 AM and 1230 PM The lunch period may be either onehour or onehalf 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 55 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 computertelephone 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 computertelephone 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 contractors discretion xx111 Snaptite connectors may be used at the contractors discretion for MC AC and sealtite raceways xxiv Plastic victor splits may be used at the contractors discretion for Temporary Light use xxv Preassembled manufactured strut fittings may be used xxv1 On Market Recovery approved projects the Employer may use any approved material tool or method of installation including approved prefabrication and preassembly permitted for use in the City ofNew York a Premanufactured temporary light and power stringers and b Premanufactured 45 and 30 bends c Materials including the following prefabrication systems 56 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 considerthe industry challenges and promote growth in all sectors of the industry with regard to prefabrication and preassembly The Committee will also review new tools assemblies and materials that come available to the market xxvu Snaptite connectors may be used xxv111 Premanufactured 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 Electricians employed under this Agreement at the following ratio 3AJs to 1 Apprentice Apprentices shall be rotated out of the prefab shop after 3 months Rule 29 Employees who engage in climbing at unusual heights while performing their work shall be entitled to wages at the rate of time and onehalf 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 57 Contractor Association shall be notified of the outcome of Joint Industry Board decisions Rule 30 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 andor dollar amount at the Employees option Rule 31 TransitChek The Employer shall make the Commuter Benefit Program 1e TransitChek available to all of their Employees Rule 32 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 Rule 33 NECA Contractor Mentor Program will be available online to all Union members who want to take the class at a cost of 40 which amount will be paid by the members Rule 34 On jobs with 30 or more workers if there is no SiteSafety Supervisor the Employer must have a defibrillator onsite Rule 35 Prior to implementation of or any material change in an Employers policy rule regulation or confidentialitynondisclosure 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 andor the 58 proposed change shall not be implemented unless or until it is resolved in the Employers favor via the grievancearbitration procedure If the Union agrees to the change or if it is permitted via the grievancearbitration 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 confidentialitynondisclosure agreements issued by Owners Construction Managers General Contractors etcfor 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 36 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 40lk payroll deductions and 40lk 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 Employees 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 3 7 Employers that first become bound to this Agreement after April 13 2022 must provide a noncancellable wage and benefit bond 59 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 Employees 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 38 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 1 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 ii 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 111 All attorneys fees and related costs incurred by the Union in enforcing the Employers furlough hiring requirement will be paid by the Employer who failed to comply with the furlough provisions 60 Rule 39 Before canceling an Employers request for manpower due to the Employer being delinquent the JIB shall review the Employers 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 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 Joumeypersons 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 50000000 or more or employs 30 Electricians or more it is agreed that every individual Employer who has obtained such electrical installation work or employs 30 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 3h and i The Joint Industry Board shall be empowered to make appropriate rules and regulations for the interpretation administration and enforcement of this rule 61 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 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 Section 3 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 NEBFs 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 payment shall be made by check or 62 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 seventytwo 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 necessary and when the Business Managers 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 There will be no strikes no work stoppages or slowdowns or other interferences with the work because of jurisdictional dispute Work shall be assigned by the Employer in accordance with the procedural rules of the New York Plan for the Settlement of 63 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 full force and effect and the parties shall thereupon seek to negotiate substitute provisions which are in conformity with applicable laws ARTICLEX National Labor Management Cooperation Committee Section 1 The parties agree to participate in the NECAIBEW National LaborManagement Cooperation Fund under authority of Section 6b of the LaborManagement Cooperation Act of 1978 29 USC 175a and Section 302c9 of the LaborManagement Relations Act 29 USC 186c9 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 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 64 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 labormanagement 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 Section 3 Each Employer shall contribute one cent 1 per hour worked under this Agreement up to a maximum of 150000 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 fuc shall be the collection agent for this Fund 65 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 application and protection of legitimate interests of privacy and confidentiality To provide a drugfree workforce for the Electrical Construction Industry the Union and the Employer have implemented an industrywide 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 andor local laws and regulations they shall be modified by the local 66 union and chapter to meet the requirements of those laws and regulations BALANCE OF PAGE BLANK 67 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 IBEW l Christopherihon Business Manager Assistant Business Manager Thomas Cleary President Caleen Davis Michael Felipe Bra William Manning p William McCann hew Scholz Derrick Washington 68 Approved Lonnie Stephenson International President IBEW Washington DC FOR THE EMPLOYER NEW YORK ELECTRIC CONTRACTORS ASSOCIATION Chief Negotiator stine DeNapoli President 69 Paul Vieira Secretary ARTICLE XIII TELEPHONE INTERCONNECT EMPLOYEES 70 ARTICLE XIII Section I 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 71 telephone andor 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 andor 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 J oumeypersons 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 72 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 400 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 seventyfive 475 cents per hour above the pay of the J oumeyperson 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 30000 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 SubForeperson 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 SubForepersons are employed a General Foreperson shall receive the pay set forth in Rule 10 a viii of Article III of this Agreement 73 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 800 AM 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 twentyfive 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 onehalf of the straight time rate regardless of the shift Hours worked in excess of an Employees normal shift period on Monday through Friday shall be paid at the rate of time and onehalf 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 74 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 Flexhours 1 Different starting times may be used between the hours of 700 am and 12 Noon for all categories of work for seven continuous hours at straight time to give coverage between 700 am and 730 pm Monday through Friday only Any hours worked after the seven 7 consecutive hours shall be paid at the rate of time and onehalf of the straight time rate All hours worked before 700 AM and after 730 PM and hours worked on Saturdays and Sundays and Holidays shall be at the rate of time and onehalf of the straight time rate 2 There shall be three day advance notification before starting flexhours 3 There shall be a five day mm1mum necessary to work flexhours 4 When flexhours are used starting times shall be rotated among Employees at that plant location where feasible 5 Flexhours will not be combined with any other clause in this agreement 75 d Remote Maintenance 1 All remote maintenance shall be performed by an A Telephone Journeyperson 2 2nd and 3rd shift remote maintenance offsite 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 Journeypersons 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 t 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 Journeyperson 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 76 Employees overtime rate portal to portal shall be paid to such Employee Rule 4 CallOut a The Employee shall receive a Daily CallOut allowance of 3000 on weekdays and 6000 on weekends and holidays for being on CallOut In the event an Employee who is calledout must respond to a call the Employee will receive wages pursuant to this Agreement as well as a CallOut 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 oncall Employee with a company vehicle c Employees on CallOut 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 77 1 Tool Box 1 ToolPouch 1 Diagonal Cutter 1 Long Nose Pliers 3 Screw Drivers small medium large 2 Phillips Screw Drivers small medium 1 Side Cutter 1 1 1 1 1 1 Claw Hammer Hacksaw Knife Awl Folding Rule 6 ft 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 days pay depending on the duration of the training period The cost of transportation hotelmotel and schooling will be prepaid by the Employer The reimbursement for meals will be paid upon the Employees 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 78 Rule 10 Outside vendors such as Federal Express or United Parcel Services may be used in lieu of expeditors for Emergency deliveries only 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 BALANCE OF PAGE BLANK 79 Atcepted Telephone lntereon11eet FOR LOCAL UNION NO 3 IBE W er President Bu sin resentative Approved Lonnie Stephenson Jntemational President IBEW Washington DC FOR nm EMPLOYER NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION Salvatore Barberi Chief Negotiator J Kristiile DeNapoli President Jt Paul Vieira Secretary 80 ARTICLE XIV ADMINISTRATIVE EMPLOYEES 81 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 administrative technical engineering and clerical Employees including but not limited to engineers estimators project managers purchasing agents draftsmen CAD operators computer technicians office managers stenographers typists bookkeepers office machine operators telephone operators clerks messengers timekeepers and receptionists constitute 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 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 semiannual 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 and date of hire of all Employees shall be listed separately as stated above 82 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 91 st day following the beginning of their employment All temporary 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 91 st 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 91 st 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 31 days but less than 51 days 51 days or more 10000 20000 30000 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 13 2022 and shall remain in effect until April 9 2025 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 9 2025 and anytime thereafter by giving the other party at least ninety 90 days notice in writing of modification 83 or termination prior to April 9th of such year All effective dates begin at 401 pm on that date Section 4 Work Week and Overtime The work week shall be thirtyfive 35 hours commencing on Wednesday at 401 PM and ending the following Wednesday at 400 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 onehalf times the regular rate of pay However if the ADM Employee is working onsite on a PLA Modification andor Market Recovery job the Employees 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 Employers 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 45000 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 thirtysix 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 Section 5 Classifications Recognizing that the ADM Division is made up of many small and medium sized units with a wide range of job assignments and 84 overlapping work descriptions it is agreed that the following broad descriptions of job classifications will be recognized Clerical shall include typist clerks receptionists office machine operators telephone operators messengers timekeepers etc Administrative shall include office managers secretaries administrative assistants stenographers bookkeepers etc Technical shall include draftsmen CAD operators computer technicians etc Engineering shall include project managers estimators purchasing agents engineers 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 Clerical Administrative Technical Engineering Effective 41322 60375 per week 69000 per week 74750 per week 80500 per week All employees shall receive the following wage increases Effective April 13 2022 a 2 increase Effective April 10 2024 a 2 increase No such increase shall be less than 3000 or exceed 6000 per week 85 Section 7 Annuity Plan The Joint Industry Board shall administer the Annuity Plan of the Electrical Industry For all employees employed in the ADM Division a More than 12 months and up to 24 months More than 24 months and up to 36 months More than 36 months 9 25 per day 1275 per day 1925 per day b In addition to the contributions set forth in a above the Employer shall contribute four 400 dollars a day to the Supplementary Fund The Supplementary Fund shall receive the additional contributions to be held for purposes of paying death benefits if there is not sufficient interest from which to pay the death benefit The remaining balance in the Supplementary Fund at the end of the fiscal year shall be proportionately distributed to those individuals on whose behalf the contributions were made based on the amount contributed for each individual 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 86 Section 9 Vacation Holiday and Unemployment Plan The Joint Industry Board shall administer the Vacation Holiday and Unemployment Plan of the Electrical Industry in accordance with the terms of the Plan If the Employer is paying the vacations and holidays directly to the Employee the vacation pay will be accrued on a prorata 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 i Every 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 Vacation Committee of the Joint Industry Board 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 111 Every Employee who has been employed by a contributing Employer or Employers for a period of seven 7 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 fifteen 15 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 thirty 30 years prior to June 1st of any year shall receive five 5 weeks vacation 87 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 b Holidays i For the purposes of this Agreement New Years 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 onsite 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 Employees 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 Employees Deferred Salary Plan in an amount equal to the days 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 PLAjob and the holidays are modified by a PLA 88 111 When a holiday occurs each ADM Employee employed pursuant to this Agreement and not being paid holiday pay directly from hisher Employer pursuant to Section 10 c shall be entitled to receive a holiday benefit equivalent to their normal days wages from the Vacation Holiday Unemployment 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 onehalf 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 fourteen 14 percent contribution being made on their behalf to the Deferred Salary Plan Effective April 12 2023 the fourteen 14 percent will be increased to fifteen 15 percent Employees who receive their vacation pay from their Employer shall accrue their vacation pay on a prorata 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 Employees vacations and holidays All elections will take effect the April 1st following their date of election 89 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 individuals account balance Employers shall contribute to the Plan on behalf of their Employees in accordance with the following schedule based upon the Employees total time of employment in the Electrical Industry as a member of Local Union No 3 as follows 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 975 1275 1675 Contributions will be credited to each Employees Health Reimbursement Account Plan until the Employees account balance reaches the maximum account balance allowed by the Plan as determined from time to time by the Joint Industry Board When an Employees 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 Employees behalf as an Employer contribution as set forth in Section 12 below In accordance with the terms of the Health Reimbursement Account Plan each Employees Health Reimbursement Account will be reviewed periodically If during such periodic review a participants 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 Employees 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 Employees account balance in the Health Reimbursement Account 90 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 Participants accounts b Employer Contributions Employers shall contribute to the Plan on behalf of their ADM Employees as follows 1 the contributions made to the Health Reimbursement Account after the participants 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 fourteen 14 percent which will be increased to fifteen 15 percent effective April 12 2023 only for those who do not receive their vacation and holiday pay directly from their employer 111 for all Employees in the ADM Disivsion Effective April 13 2022 100 per hour Effective April 12 2023 125 per hour Effective April 10 2024 150 per hour 91 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 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 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 twentyfour 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 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 92 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 Employees share of FICA Social Security and Medicare contributions from the first day of such Employees 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 13 2022 1920 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 full time Employees as follows Effective Date l Contribution Rate I i I April 13 2022 I 3761 plus I 1 l 95hour 1 i i i l April 12 2023 l 3761 plus I 1 7 h i I 1 0 our i 0 Oo0 000000000000 00 000000000 000 OOOHO 000 000 00 OH 00000 0HOOHOOOO HOH oo OOOOU 0000 0HH0HUU HOOHUOOO 000000 0 I I I I April 10 2024 I 3761 plus l I 245 hour i 93 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 102 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 Plans rules Section 20 Dental Benefit Plan The Joint Industry Board shall administer the Dental Benefit Plan of the Electrical Industry The Employers shall remit 304 percent of the weekly standard gross wages to the Dental Benefit Plan 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 days salary for each unused day If the Employee works for the Employer less than a full year the Employee will receive a prorata 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 States Paid Sick Leave Law or comparable legislation that may be enacted by any local state or federal government on the 94 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 nonaccountable 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 Employees 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 individuals average total wages from that Employer for the last four 4 years as compared to hisher average total bonuses earned during the same period If the Bonuses exceed fifty 50 percent of the Employees 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 95 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 502g2 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 COPE 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 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 NEBFs 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 payment shall be made by check or 96 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 seventytwo 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 Every Employer who estimates any work in excess of 5000000 shall employ a minimum of one qualified member of the ADM Division Section 27 Shop Stewards The Employer agrees to allow the shop stewards time to perform their duties ie 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 97 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 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 98 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 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 andor dollar amount at Employees option Section 34 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 35 The Parties agree that at the Unions option a dues check off program will be instituted Section 36 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 Section 371BEW Approval This Agreement is made subject to the approval of the President of the International Brotherhood of Electrical Workers BALANCE OF PAGE BLANK 99 Accepted ADM FOR LOCAL UNION NO 3 IBEW Business Manager Thomas Cleary President Linda DiTusa 7 Approved Lonnie Stephenson International President IBEW Washington DC 100 Chri pher Erikson Jr Assistant Business Representative Scot Placaruca dhtJ Michelle Wagner FOR THE EMPLOYER NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION Alex Samilenko Chief Negotiator 101 Paul Vieira Secretary EXPEDITORS DIVISION 102 AGREEMENT entered into by and between NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION INC and the EXPEDITORS DIVISION LOCAL UNION NO 3 ofthe INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFLCIO EFFECTIVE APRIL 13 2022 401 PM THROUGH APRIL 9 2025 400PM 103 ARTICLE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLEV ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLEX ARTICLE XI PAGE Terms Conditions 107 Benefits 108 Working Rules 119 Jury Duty Plan 132 Cancellation Clause 132 National Employees Benefit Agreement133 Supportive Union Action 134 Separability 134 Code of Excellence 134 Substance Abuse 135 IBEW Approval 135 104 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 AFLCIO 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 Memorandum of Agreement to be bound by this Agreement or Letter of Assent and the term Union shall mean Local Union No 3 IBEW 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 AFLCIO in New York City This Agreement covers Expeditors 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 105 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 nonproductive 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 106 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 Any masculine references used in this Agreement for convenience only shall refer to all Employees 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 13 2022 401 pm and shall remain in effect until April 9 2025 400 pm 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 9 2025 and any time thereafter by giving the other party at least ninety 90 days notice in writing of modification or termination prior to April 9th 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 Chairpersons 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 107 Section 5 Should any party to this Agreement desire to modify or amend any article in this Agreement notice in writing specifying the 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 ExpeditorHelper 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 108 Fund and the Dental Benefit Plan the maximum standard gross wages upon which contributions are made shall be Effective April 13 2022 160550 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 for their Expeditors and ExpeditorHelpers 1 Effective April 13 2022 4043 of their standard gross wages plus 295 per hour 11 Effective April 10 2024 4243 of their standard gross wages plus 295 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 304 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 a Expeditor 1 2100 per day 11 In addition to the contributions set forth in i above the Employer shall contribute four 400 dollars a day to the Supplementary Fund 109 b ExpeditorHelper 1550per day The Supplementary Fund shall receive the additional contributions to be held for purposes of paying death benefits if there is not sufficient interest from which to pay the death benefit The remaining balance in the Supplementary Fund at the end of the fiscal year shall be proportionately distributed to those individuals on whose behalf the contributions were made based on the amount contributed for each individual 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 Section 8 Additional Security Benefits Plan The Joint Industry Board shall administer the Additional Security Benefits Plan of the Electrical Industry Section 9 The Joint Industry Board shall administer the Vacation Holiday and Unemployment Plan of the Electrical Industry in accordance with its terms Section IOVacationHoliday 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 110 contributing Employers for 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 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 two 2 weeks in days with the prior approval of the Employer b i Holidays New Years 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 111 and be paid 8 straight hours for the day and will receive a floating holiday to be taken at the employees 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 Vacation Holiday and Unemployment Plan shall be entitled to be paid their normal wages from the Vacation Holiday and Unemployment Plan in accordance with its established rules If an Employee does not have sufficient funds in the Vacation Holiday and Unemployment Plan to receive their full holiday andor vacation pay and they do have funds remaining in the Additional Security Benefits Fund they can receive the balance of their holiday andor vacation benefit from the Additional Security Benefits Fund If an Employee has no funds remaining in the Vacation Holiday Unemployment Plan or the Additional Security Benefits Plan they 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 Sectionb i above shall be paid by the Employer at the rate of time and onehalf 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 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 days 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 112 and holiday pay directly from their Employer in lieu of the fourteen 14 percent contribution being made on their behalf to the Deferred Salary Plan Effective April 12 2023 the fourteen 14 percent will be increased to fifteen 15 percent Employees who receive their vacation pay from their Employer shall accrue their vacation pay on a prorata 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 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 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 13 2022 Effective April 12 2023 1800 per day 2000 per day Contributions will be credited to each Employees Health Reimbursement Account Plan until the Employees account balance reches the maximum account balance allowed by the Plan as determined from time to time by the Joint Industry Board When an 113 Employees 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 Employees behalf as an Employer contribution as set forth in Section 12 below In accordance with the terms of the Health Reimbursement Account Plan each Employees Health Reimbursement Account will be reviewed periodically If during such periodic review a participants 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 Employees 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 Employees 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 participants account balance in the Health Reimbursement Account Plan reaches its maximum amount 114 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 fourteen 14 percent of the Employees standard gross wages Effective April 12 2023 the fourteen 14 percent will be increased to fifteen 15 percent d All Expeditors and Expeditor Helpers Effective April 13 2022 75 per hour Effective April 12 2023 100 per hour Roth 40lk 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 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 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 1053 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 ExpeditorHelper 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 EC for A Joumeypersons 115 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 Chairpersons discretion if the Chairperson determines that the amount in the Job Security Fund 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 Chairpersons 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 Vacation Holiday and Unemployment Plan 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 total gross wages 116 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 ie 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 nonaccountable 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 Employees 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 individuals average total wages from that Employer for the last four 4 years as compared to total bonuses earned during the same period If the Bonuses exceed fifty 50 percent of the Employees 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 25 of weekly standard gross wages to the Joint Industry Board Section 18 Each Employer will contribute 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 117 Section 19 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 days salary for each unused day If the Employee works for the Employer less than a full year the Employee will receive a prorata 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 States 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 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 COPE 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 118 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 Commercial Drivers License ExpeditorHelpers will be encouraged but not required to obtain and maintain a Commercial Drivers License Rule 2 Expeditor a Although it is mutually agreed that it is the jurisdiction of the electrician to offload and handle all deliveries of electrical material andor tools at a jobsite it is understood that a delivery person may hand carry a small package of material andor tools to the work area and that an Expeditor may deliver material andor tools to the work area and shall be allowed to make deliveries of material andor tools by hand truck to the work area each day during job working hours when a joumeyperson is present 1 During job working hours under direction from the General Foreperson Foreperson and SubForeperson Expeditors 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 reordering of all tools 119 equipment and materials may be done by the Expeditor Expeditors may also work as yardpersons and warehousepersons 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 Number of Number of Max additional per Electricians Expeditors per diem Expeditor s paragraph b above per paragraph a i above 125 1 locker pup 2 2650 1 locker pup 1 1 expeditor 5175 1 locker pup 2 0 76 expeditors Maximum 1 locker 0 pup 3 expeditors 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 ExpeditorHelper In order to promote the appropriate and needed Expeditor experience from within the Union ExpeditorHelpers may be hired by the contractor from the Employment Department a ExpeditorHelpers will be able to perform all the duties of the Expeditor as described in Article III Rule 24 of the 120 A Agreement and Article III and Rule 2 of the Expeditor Agreement except as limited herein b ExpeditorHelpers will follow the same working rules as the Expeditor except that ExpeditorHelpers 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 ExpeditorHelper Employers with 20 or more A joumeypersons must have one Expeditor in order to hire Expeditor Helpers d Advancement Upon the attainment of both eight 8 continuous years of work experience in the Expeditor Division and attainment of a CDL License an ExpeditorHelper 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 ExpeditorHelper can be advanced based upon the Employers 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 ExpeditorHelper to the jobsite as an interim locker pup with full Expeditor wages and benefits based upon the ExpeditorHelpers history of learning and understanding the trade Once an Expeditor is available for the Employers job the ExpeditorHelper 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 ExpeditorHelper is available the Employer may submit recommendations for potential candidates All 121 hiring will be conducted through the Employment Department t Ratio Expeditor to ExpeditorHelper 1 Expeditor 1 ExpeditorHelper 1 Expeditor 2 ExpeditorHelpers 2 Expeditors 2 ExpeditorHelpers 2 Expeditors 3 ExpeditorHelpers 3 Expeditors 3 ExpeditorHelpers 3 Expeditors 4 ExpeditorHelpers g Terminations The hierarchy of layoffs for expeditors and ExpeditorHelpers is as follows 1 ExpeditorHelper 1 to be terminated before an ExpeditorHelper 2 or 3 2 ExpeditorHelper 2 to be terminated before ExpeditorHelper 3 3 ExpeditorHelper 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 122 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 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 EESISPs 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 15500 per week which when added to the statutory benefit will not exceed twothirds 23 of the individuals wages 3 Every Employer agrees to be a member of and participate in the Electrical Industrys 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 twentysix 26 weeks of disability benefits 123 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 30000 Dollars but not greater than the Employees regular salary when added to the New York State statutory rate The current premium rate for disability benefits shall be onehalf of one percent 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 reimburse EESISP for the total amount of all supplemental benefits as well as EESISPs 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 2C of Section 25 of the Workers Compensation Law 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 Employees 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 401 PM and end the following Wednesday at 400 P M The Employee shall be prepared for work for the full period of 124 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 800 AM to 1130 AM and from 1230 PM to 400 PM every day except Saturdays Sundays and holidays a total of thirty five 35 hours per week Flexible start times are allowed between 700 am and 900 am one 1 hour before or after 800 AM with the adjustment of seven 7 hours from the start time ii The hours of labor for an Expeditor Helper shall be eight 8 hours per day said hours shall be performed from 800 am to 11 30 am and from 1230 pm to 500 pm every day except Saturdays Sundays and holidays a total of forty 40 hours per week Flexible start times are allowed between 7 00 am and 900 am one 1 hour before or after 800 AM with the adjustment of eight 8 hours from the start time c Wages 1 The current wages for Expeditors shall be increased as follows Effective April 13 2022 2 increase Effective April 12 2023 2 increase Effective April 10 2024 2 increase ii The minimum weekly wages for Expeditors shall be Effective April 13 2022 120645 Effective April 12 2023 123060 Effective April 10 2024 125510 125 111 ExpeditorHelpers hourly rate for eight 8 hours a day forty 40 hours per week shall be ExpeditorHelpers hired prior to April 13 2022 ExpeditorHelper 1 036 months of work at this classification 19 per hour ExpeditorHelper 2 over 36 months of work as an Expeditor Helper 1 24per hour ExpeditorHelper hired after April 13 2022 ExpeditorHelper 1 036 months of work at this classification 19 per hour ExpeditorHelper 2 3760 months of work at this classification 22per hour ExpeditorHelper 3 over 60 months as an Expeditor Helper 24per hour d Overtime All hours worked in excess of seven 7 hours per day for Expeditors and eight 8 hours per day for ExpeditorHelpers shall be paid at the rate of time and onehalf If an Expeditor is working onsite on a PLA Modification andor Market Recovery job the employees 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 Employees share of FICA Social Security and Medicare contributions for all Employees covered by this Agreement f Unscheduled or unauthorized absenteeism shall be cause for termination 126 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 onehalf Rule 7 Employees when laid off or discharged shall be notified at least onehalf 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 400 PM 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 andor board and room No Expeditor shall be paid more than six hours traveling time in any twentyfour hours Rule 10 a Written Warning The Employer shall give the Employee a written warning regarding the Employees 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 Employees records If an Employee is terminated for cause four 4 times in a twentyfour 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 127 can appeal the Employment Departments nonreferral 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 ExpeditorHelper 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 Overcoat 30000 Clothing 50000 upon submission of a police report Shoes 25000 Rule 12 No Expeditor shall be permitted to work under conditions involving the borrowing of personnel from one individual Employer by another 128 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 handsfree telephone device Rule 15 It is agreed that every Expeditor shall attend and successfully complete the National Safety Councils 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 Expeditors 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 ExpeditorHelpers which will lead to any necessary certifications Rule 18 The Employer shall not permit the loading of trucks in excess of the vehicles maximum Gross Vehicle Weight Rating GVWR which may result in overweight fines Any such fines 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 nonsupervisory employee outside the classification of an Expeditor or an ExpeditorHelper shall consistently perform the 129 duties typical of an Expeditor or ExpeditorHelper 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 andor dollar amount at the Employees option Rule 22 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 Expeditors Employer Rule 23 TransitChek The Employer shall make the Commuter Benefit Program 1e TransitChek available to all of their Employees Rule 24 The Parties agree that at the Unions option a dues check off program will be instituted Rule 25 A The JIB shall employ a Chief Officer of Diversity and Inclusion who shall make recommendations regarding the nondiscrimination 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 26 Prior to implementation of or any material change in an Employers policy rule regulation or confidentialitynondisclosure 130 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 andor the proposed change shall not be implemented unless or until it is resolved in the Employers favor via the grievancearbitration procedure If the Union agrees to the change or if it is permitted via the grievancearbitration 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 confidentialitynondisclosure agreements issued by Owners Construction Managers General Contractors etcfor 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 27 fu 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 401k payroll deductions and 401k 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 Employees 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 fudustry Board of the Electrical fudustry 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 131 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 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 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 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 132 Section 3 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 NEBFs 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 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 seventytwo 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 133 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 Managers 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 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 134 ARTICLEX 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 drugfree 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 andor local laws and regulations they shall be modified by the Union and Chapter to meet the requirements of those laws and regulations ARTICLE XI IBE W Approval This Agreement is made subject to the approval of the President of the International Brotherhood of Electrical Workers BALANCE OF PAGE BLANK 135 Accepted Expeditors Division FOR LOCAL UNION NO 3 IBEW cl Chririkson christoprf Eriksmili Business Manager Assistant Business Representative Thomas Cleary President Approved Lonnie Stephenson International President IBEW Washington DC Stephen Luisi 136 FOR THE EMPLOYER NEW YORK ELECTRICAL CONTRACTORS ASSOCIATION tflr Alex Samilenko Chief Negotiator Kristine sa DeNapoli President Paul Vieira Secretary 137 APPENDIX I NEW 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 401k 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 NUMBEROF REQUIRED V ALOE PERSONEL OF THE BOND 10 or less 10000 1125 25000 2650 50000 51 100000 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 13 2022 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 REQUIRED WEEKLY BENEFITS VALUE PAYABLE TO THE JIB OF THE BOND BY THE EMPLOYER 0 10000 25000 10000 25000 80000 25000 50000 200000 50000 100000 500000 100000 200000 1000000 200000 300000 2000000 300000 400000 3000000 400000 500000 4000000 500000 1000000 5000000 1000000 1500000 10000000 1500000 and above 15000000 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 andor 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 0 Brewster Senior Vice President Alliant Construction Services Group Alliant Insurance Services Inc 333 Earle Ovington Blvd Suite 700 Uniondale NY 11553 5164148929 Office Dial brewsteralliantcom Eamonn Long Vice President Alliant Americas Alliant Insurance Services Inc 222 Bloomingdale Rd Suite 400 White Plains NY 10605 9142205826 Direct Dial 9142205830 Cathy Urquhart elongalliantcom 4 FORWARDING THE BONDS TO THE JIB a Once issued the bond s should be immediately forwarded to Donna L Poulos Insurance Specialist 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 Insurance Specialist Legal Counsel Dept Joint Industry Board of the Electrical Industry 15811 Harry Van Arsdale Jr Avenue Flushing New York 11365 718 5912000 ext 1608 Bondsjibeicom rfi I t NECA NEW YORK NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION NEW YORK CITY CHAPTER