Contractors' Association of Greater New York, Inc.

2024

COMMERCIAL BUILDING

AGREEMENT

BETWEEN

LOCAL 32BJ

SERVICE EMPLOYEES

INTERNATIONAL UNION

AND

THE REALTY ADVISORY

BOARD ON LABOR

RELATIONS, INC.

EFFECTIVE JANUARY 1, 2024,

TO DECEMBER 31, 2027

TABLE OF CONTENTS

ARTICLE PAGE

I. Union Recognition and Union

Security …………………………………….. 1

II. Coverage of Agreement /

Subcontracting …………………………… 12

III. Wages, Hours, & Working

Conditions………………………………….. 15

IV. Management Rights ……………………. 18

V. Reduction in Force ……………………… 20

VI. Reason for Discharge ………………….. 28

VII. Grievance Procedure ……………………. 28

VIII. Arbitration …………………………………. 31

IX. No Strikes or Lockouts ………………… 36

X. Multiemployer Bargaining ……………. 39

XI. Health, Pension, Training, Legal,

and Supplemental Retirement and

Savings Funds …………………………….. 46

XII. Disability Benefits Law and

Unemployment Insurance …………….. 62

XIII. Sickness Benefits ………………………… 64

XIV. Building Acquisition by Public

Authority ……………………………………. 67

XV. Sale or Transfer of Building …………. 68

XVI. Building Classifications ……………….. 70

XVII. Wages and Hours………………………… 72

XVIII. Superintendents…………………………… 82

XIX. Joint Industry Advancement Project . 87

XX. Terms of Agreement and Renewals .. 91

XXI. General Clauses ………………………….. 93

1. Differentials ……………………….. 93

2. Pyramiding………………………….. 94

3. Holidays ……………………………… 95

4. Voting Time ………………………… 101

5. Personal Day ……………………….. 101

6. Schedules ……………………………. 101

7. Relief Employees …………………. 102

8. Method of Payment of Wages … 102

9. Seniority and Layoff …………….. 103

10. Replacement, Promotions,

Vacancies, Trial Periods, and

Newly Hired Employees ……….. 105

11. Recall…………………………………. 110

12. Leave of Absence and

Pregnancy Leave ………………….. 111

13. Vacations and Vacation Relief

Employees ………………………….. 115

14. Day of Rest …………………………. 120

15. Uniforms and Other Apparel …. 120

16. First Aid Kit………………………… 121

17. Fire and Flood Call ………………. 121

18. Eyeglasses and Union Insignia . 121

19. Bulletin Board ……………………… 121

20. Sanitary Arrangements …………. 121

21. Termination Pay…………………… 122

iii

22. Tools, Permits, Fines, and

Legal Assistance …………………. 125

23. Military Service …………………… 126

24. No Discrimination / Protocol …. 126

25. Placement/Employment

Agency Fee …………………………. 138

26. Employees’ Rooms ………………. 139

27. Definitions ………………………….. 140

28. Required Training Programs ….. 141

29. Health, Safety, and HERO Act . 142

30. Garnishments ………………………. 147

31. Death in Family …………………… 147

32. Union Visitation …………………… 147

33. Jury Duty ……………………………. 148

34. Identification ……………………….. 149

35. Service Center Visit ……………… 149

36. Automation Employment Pool .. 150

37. Death of Employee ………………. 151

38. Government Decrees …………….. 152

39. Weather Conditions ……………… 153

40. Common Disaster ………………… 153

41. Transportation Costs …………….. 154

42. Cuspidors ……………………………. 154

43. Security Background Checks …. 154

44. Work Authorization and

Status Disputes …………………….. 156

45. Veteran Assistance Program ….. 156

46. Saving Clause ……………………… 157

47. Complete Agreement ……………. 157

48. Notices……………………………….. 158

49. Wage and Hour Claims …………. 158

XXII. New Development ………………………. 161

Minimum Wage Rates……………………………. 163

Index……………………………………………………. 171

The REALTY ADVISORY BOARD ON LABOR

RELATIONS, INCORPORATED (RAB), an

incorporated multiemployer association, duly

authorized and empowered to enter into this

Agreement for its members, which appear on the

list furnished to SERVICE EMPLOYEES

INTERNATIONAL UNION, LOCAL 32BJ

(Union), and the Union, acting on behalf of its

members and other building service employees to

whom this Agreement applies and for whom it is

the collective bargaining agency, do hereby agree

as of this 1st day of January 2024, as follows:

ARTICLE I

Union Recognition and Union Security

1. The Union is recognized as the

exclusive collective bargaining representative of

all classifications of service employees at each

building that is committed to this Agreement

within the geographical jurisdiction of the Union

and the RAB. This Agreement shall apply to all

classifications of service employees employed by

the Employer. Article II of this Agreement shall

also apply to employees of cleaning and

maintenance contractors who employ employees

in any building committed to this Agreement

working in any job category covered by this

Agreement.

This Agreement shall include a

classification for building Superintendent in

buildings where the Superintendent has been

covered by the RAB Commercial Building

Agreement and those covered under the former

Local 164/RAB Agreement.

Work performed pursuant to the terms of

this collective bargaining agreement shall not be

performed by persons not covered by the

bargaining agreement except as provided in

Article II.

2. There shall be a Union Shop

throughout the term of this Agreement in every

building where there was a Union Shop under the

2016 Commercial Building Agreement and in

other buildings whenever it is agreed or

determined that a majority of the employees in

such buildings are members of or have applied for

membership in the Union.

The “Union Shop” requires membership in

the Union by every employee in the building as a

condition of employment after the thirtieth (30th)

day following employment or the execution date

of this Agreement, whichever is later, or, in the

case of newly organized buildings, after the

thirtieth (30th) day following agreement or

determination that a majority of the employees in

such buildings are members of or have applied for

membership in the Union, and requires that the

Union shall not ask or require the Employer to

discharge or otherwise discriminate against any

employee except in compliance with law. The

requirement of membership under this section or

elsewhere in this Agreement is satisfied by the

payment of financial obligations of the Union’s

initiation fees and periodic dues uniformly

imposed.

In the event the Union security provision of

this Agreement is held to be invalid,

unenforceable, or of no legal effect generally or

with respect to any building because of

interpretation or a change of federal or state statute,

city ordinance or rule or decision of any

government administrative body, agency, or

subdivision, the permissible Union security clause

under such statute, decision, or regulation shall be

enforceable as a substitute for the Union security

clause provided for herein.

3. Whenever the Union files with the

RAB and the Employer a claim that a majority of

the employees in a building are members of or

have made application for membership in the

Union, the Union Shop requirement shall be made

effective within fifteen (15) days thereafter, unless

the Employer or the RAB, within ten (10) days,

notifies the Union that it requires a determination

of that claim.

4. Upon receipt by the Employer of a

letter from the Union’s Secretary-Treasurer

requesting any employee’s discharge because such

employee has not met the requirements of this

article, unless the Employer questions the

propriety of so doing, such employee shall be

discharged within fifteen (15) days of said notice

if prior thereto such employee does not take proper

steps to meet said requirements. If the Employer

questions the propriety of the discharge, it shall

immediately submit the matter to grievance, and,

if not thus settled, to the Arbitrator for final

determination. If it is finally settled or determined

that the employee has not met said requirements,

the employee shall be discharged within ten (10)

days after written notice of the final determination

has been given to the RAB and the Employer.

The Employer shall be responsible for

unpaid dues after receipt of notice provided for in

this section and exhaustion of contractual

remedies. The Employer’s obligation shall begin

fifteen (15) days after such notice or, if the

Employer questions the discharge, after the final

determination of the Arbitrator.

5. The Union will hold the Employer

harmless from any liability arising from a

discharge asked for by the Union pursuant to this

article provided the Employer has done nothing to

cause or increase its own liability concerning

removal of employees.

6. During any period in which it is not

established that a majority of the employees in a

building are members of, or have made application

for membership in, the Union, it is agreed that all

employees who, upon the date this Agreement is

signed for their building, are members of the

Union in good standing in accordance with the

Constitution and By-Laws of the Union, and all

employees who thereafter become members shall,

as a condition of employment, remain Union

members in good standing during the life of the

Agreement.

7. Upon execution of this Agreement,

each Employer shall furnish the Union and the

RAB with a complete list of the names, Social

Security numbers, home addresses, and job

locations of all employees covered by this

Agreement and shall notify the Union and the

RAB of the name, Social Security number, home

address, and job location of each new employee

thereafter employed.

The Employer shall notify the Union and

the RAB in writing as soon as a cancellation of an

account becomes effective where Union members

are employed, and the Employer shall notify the

Union when it acquires a new building service job.

8. The Union shall have the right to

inspect the Employer’s Social Security reports and

all payroll records (except the salary of the

nonunion Supervisors) in order to determine if this

Agreement is being complied with. The Union

shall have the right to expedited arbitration in the

event an Employer fails to comply with this right

of inspection. Inspections may also be made by the

Union or the Arbitrator at the request of the RAB.

The RAB may join the Union at all times when

such examination is made. All Benefit Trust Funds

established under this Agreement shall have the

same right to inspect as the Union but shall also

have the right to inspect Supervisors’ payroll

records where Supervisors are covered by such

Funds.

9. Each Employer agrees to deduct the

Union’s monthly dues and initiation fees and all

legal assessments from the pay of each employee

from whom it receives written authorization and

will continue to make such deductions while the

authorization remains in effect. The Employer

hereby agrees to deduct voluntary political

contributions based upon authorizations signed by

the employees in accordance with applicable law.

The parties acknowledge and agree that the

term “written authorization” as provided in this

Agreement includes authorizations or revocations

created and maintained by use of electronic

records and electronic signatures consistent with

state and federal law. The Union, therefore, may

use electronic records to verify Union membership,

for authorization for voluntary deduction of Union

dues and fees, as well as voluntary contributions

to the Union’s American Dream Fund, from wages

or payments for remittance to the Union, and for

authorization for voluntary deductions from wages

or payments for remittance to the American

Dream Fund. The Employer shall accept such

electronic records from the Union as valid written

authorizations for, or revocations of, deduction

and remittance.

Employers who are currently accepting

such electronic records as valid written

authorizations or revocations for deduction and

remittance shall continue to do so. The parties

recognize that Employers who are not currently

accepting electronic records as valid written

authorizations or revocations may need time

and/or training to be able to do so. The Union shall

provide any necessary training opportunity to the

Employer to facilitate acceptance of electronic

records as valid written authorizations or

revocations for deduction and remittance. Those

Employers who are not currently accepting

electronic records as valid written authorizations

or revocations shall commence acceptance no later

than nine (9) months from the date an Employer

first becomes signatory to this Agreement (the

“Transition Period”), provided that any reasonably

requested training has been provided by the Union.

It is understood that the transition to electronic

records and electronic signatures may cause some

delays. During the Transition Period, Employers

who deduct appropriately, but whose

transmissions are delayed, shall not be subject to

interest or penalties owing to such delays.

Such deductions will be made from the pay

for the first full pay period worked by each

employee following the receipt of the

authorization, and thereafter will be made the first

payday each month, and forwarded to the Union

not later than the twentieth (20th) day in each and

every current month. Such deductions shall

constitute trust funds while in the possession of the

Employer.

If the Employer fails to remit to the Union

the dues or other monies deducted in accordance

with this section by the twentieth (20th) day, the

Employer shall pay interest on such dues or other

monies at the rate of one percent (1%) per month

beginning on the twenty-first (21st) day, unless the

Employer can demonstrate the delay was for good

cause due to circumstances beyond its control. The

interest shall not be assessed for an Employer’s

initial failure to deduct voluntary political

contributions until thirty (30) days after the

Employer has received written notice from the

Union of its failure to deduct.

The Employer shall provide employee

information in connection with the transmission of

dues, initiation fees, all legal assessments, and

other deductions required to be transmitted to the

Union (collectively, “Deductions”). Deductions

from employees’ paychecks shall be transmitted to

the Union electronically via ACH utilizing the

32BJ self-service portal, unless the Union directs,

in writing, that Deductions be remitted by means

other than electronic transmittals. The Union shall

specify reasonable information to be recorded

and/or transmitted by the Employer, as necessary

and consistent with this Agreement.

Employers who are currently transmitting

Deductions by ACH shall continue to do so. The

parties recognize that Employers who are not

currently transmitting Deductions by ACH,

including those who may currently be transmitting

deductions through wire transfer, may need time

and/or training to be able to do so. The Union shall

provide any necessary training opportunity to the

Employer to facilitate electronic transmissions.

Those Employers who are not currently

transmitting Deductions by ACH, including those

who may currently be transmitting deductions

through wire transfer, shall commence

transmission by ACH no later than nine (9) months

from the date an Employer first becomes signatory

to this Agreement, or, for employers currently

utilizing wire transfer, nine (9) months from the

effective date of this Agreement (collectively the

“Transition Period”), provided that any reasonably

requested training has been provided by the Union.

It is understood that the transition to ACH

payment may cause some delays in effecting

transmission. During the Transition Period,

Employers who deduct appropriately, but whose

transmissions are delayed, shall not be subject to

interest or penalties owing to such delays.

If a signatory does not revoke the dues

authorization at the end of a year following the

date of authorization, or at the end of the current

contract, whichever is earlier, it shall be deemed a

renewal of authorization, irrevocable for another

year or until the expiration of the next succeeding

contract, whichever is earlier.

The Union agrees to indemnify and save

such Employer and the RAB harmless from any

liability incurred by reason of such deductions.

In keeping with the extension of Article I,

Section 1 to include all areas within the

geographical jurisdiction of the Union and the

RAB, the RAB and the Union will establish a joint

industry committee comprising at least six (6)

representatives from all sectors of the commercial

and residential industry to meet on an ongoing

basis, but not less than quarterly. The committee

shall review and analyze prevailing market

conditions, including wage and rental rates, and

develop procedures for resolving Union

organizational and representation disputes to

minimize disruption and conflict and to promote

stable and efficient labor relations and labor

conditions.

ARTICLE II

Coverage of Agreement Subcontracting

1. The Employer shall not make any

agreement or arrangement for the performance of

work and/or for the categories of work heretofore

performed by employees covered by this

Agreement except within the provisions and

limitations set forth below.

2. The Employer shall give advance

written notice to the RAB and the Union at least

three (3) weeks prior to the effective date of its

contracting for such services, or changing

contractors, indicating the name and address of the

contractor.

3. The Employer shall require the

contractor to retain all bargaining unit employees

working at the location at the time the contract was

awarded and to maintain the existing wage and

benefit structure.

The Employer agrees that employees then

engaged in the work that is contracted out shall

become employees of the initial contractor or any

successor contractor and agrees to employ or

reemploy the employees working for the

contractor when the contract is terminated or

cancelled. This provision shall not be construed to

prevent termination of any employee’s

employment under other provisions of this

Agreement relating to illness, retirement,

resignation, discharge for cause, or layoff by

reason of reduction of force; however, a contractor

may not reduce force or change the work schedule

without first obtaining written consent from the

Union, which shall not be unreasonably withheld.

If the Union does not respond in writing to

a contractor’s request to reduce the workforce or

change the work schedules within four (4) weeks

after written notification, or if the Union denies in

whole or in part the contractor’s request, the

contractor must, if it wishes to pursue the

reduction in force or change in work schedule,

invoke and conclude expedited arbitration as

provided in Article VIII before implementing any

such reduction or change.

If the contractor fails to comply with any

agreement with the Union covering the work that

was contracted out, the Employer shall be liable

severally and jointly with the contractor for any

and all damages sustained by the employees or the

RAB as the result thereof, or for any unpaid Health,

Pension, Training, Legal, and Supplemental

Retirement and Savings contributions. The

Employer’s liability shall commence on the date it

receives written notice from the Union or the RAB

of the contractor’s failure to so comply.

4. Any cleaning contractor who

performs services for an owner and/or managing

agent who is signatory to this Agreement shall be

entitled to the following provisions of this

Agreement at the signatory buildings: Seniority,

Hours, Flexibility, Work of Absentees, and the

right to the procedure of an expedited hearing with

respect to the reduction in force procedures as

provided in Section 3 of this article. Any other

provisions concerning reduction in force shall be

those as set forth in the cleaning contractors’

agreement with the Union.

5. Whenever and wherever a contractor

has the right to employ employees at wages, hours,

terms, and conditions different from those

required by this contract (including, without

limitation, employees covered by Article XIII,

Paragraph 2 of the 2024 Contractors Agreement

with Local 32BJ and employees covered by

Article XIII, Paragraph 2 of the Independent

Contractors Agreement), then the Owner and/or

Agent performing such work may employ

employees at the same wages, hours, terms, and

conditions as would be applicable to the

contractor’s employees.

6. This article is intended to apply to all

employees employed in any building committed to

this Agreement and to categories of employees to

the extent that such categories of employees are

“fairly claimable” by the Union, within existing

National Labor Relations Board case law. In the

event that the application of this article, or any part

thereof, is held to be in violation of law, this article,

or any part thereof, shall remain applicable to the

extent permitted by law.

ARTICLE III

Wages, Hours, & Working Conditions

1. Except as otherwise provided herein,

the wages set forth in Article XVII shall be

effective as of January 1, 2024, and all other terms

and conditions shall become effective on the

payroll date nearest to January 1, 2024. As to all

buildings later adopting this Agreement, it shall

take effect in accordance with Article X.

2. No provision of this Agreement shall

be construed so as to lower any employee’s wage.

If employees in any building had in effect on

January 1, 2020, a practice of terms or conditions

better than those provided for herein, applicable

generally to them for wages, hours, sick pay,

vacations, holidays, premium pay for Saturday

and/or Sunday work, relief periods, jury duty, or

group life insurance, such better terms or

conditions shall be continued only for employees

employed by the Employer on January 1, 2020.

Any employee who acquired a better term or

condition after January 1, 2020, shall continue to

receive same. The Arbitrator may relieve the

obligations in the preceding sentences if

enforcement would work an undue hardship,

injustice, or inequity upon the Employer.

A change of schedules or duties except as

provided in Paragraph 3 of this article, so long as

required relief and luncheon periods are

reasonably spaced, shall not violate this section,

provided the employee, the Union, and the RAB

are given at least three (3) weeks’ advance written

notice and such change is reasonable. However,

every employee presently working a regular

Monday through Friday workweek (and, if such

employee leaves employment for any reason

whatever, the person who fills such employee’s

position) shall receive premium pay at time and

one-half the regular straight-time hourly rate for

any work performed by an employee on a Saturday

or Sunday.

Employers shall provide temporary

schedule changes in accordance with the coverage

and requirements of New York City Admin. Code

§ 20-1261 et seq., and the grievance and

arbitration procedure shall be the sole and

exclusive forum for any such claims and remedies.

The ability to pursue remedies in any other forum

is hereby waived.

3. All new employees may be offered

and assigned to any cleaning duty in the building,

provided that it does not exceed a reasonable day’s

work. Present office cleaning employees may be

assigned to any cleaning duty on office floors

provided (1) that the Employer give the Union

three (3) weeks’ written notice of any new

assignments except for temporary assignments

and (2) that the Employer shall not assign

employees to workloads or work duties requiring

unusual physical exertion, strength, or dexterity.

This provision shall not be applied by the

Employer to substantially increase present

workloads or to substantially alter duties so as to

require the employee to perform more than a

reasonable day’s work.

If the Union grieves and/or arbitrates a

dispute pursuant to this provision, the Employer in

such arbitration shall have the burden of showing

that only a reasonable day’s work as provided

above is required of the employee.

ARTICLE IV

Management Rights

1. The Union recognizes management’s

rights to direct and control its policies subject to

the obligations of this Agreement.

2. Employees will cooperate with

management within the obligations of this

Agreement to facilitate efficient building

operation.

3. If any employee is unjustly

discharged, such employee shall be reinstated to

the employee’s former position without loss of

seniority or rank and without salary reduction. The

Joint Industry Grievance Committee or the

Arbitrator may determine whether, and to what

extent, the employee shall be compensated by the

Employer for time lost.

4. If an employee is removed from a

location at the good faith demand of a customer,

the Employer may remove the employee from

further employment at that location, provided

there is a good faith reason to justify such removal,

apart from the demand itself. Upon the Union’s

request, the Employer will advise the Union of

information it has relating to the customer’s

complaint and make reasonable efforts to secure

from the customer a written confirmation of the

customer’s request. Unless the Employer has cause

to discharge the employee, the Employer will

place the employee in a similar job at another

facility within the same county covered by this

Agreement (unless the Union and the Employer

shall agree to place the employee in a similar job

in a different county covered by this Agreement),

without loss of entitlement seniority or reduction

in pay or benefits and pay Displacement Pay to

such employee equivalent to the Termination Pay

Schedule set forth in Article XXI, Section 21(a),

but not less than two (2) weeks’ pay.

In the event an employee is transferred to

another building and is not filling a vacant position,

the Employer shall seek volunteers on the basis of

seniority within the job title. If there are no

volunteers, the junior employees shall be selected

for transfer and receive the same Displacement

Pay and protection afforded to the transferred

employee. In the event an employee is discharged

pursuant to this section, the Employer must raise

the issue of transfer in such discharge arbitration.

5. WORKERS’ COMPENSATION –

In accordance with Article 10-A of the New York

Workers’ Compensation Law, §350 et seq., the

Employer shall be permitted to contract with a

preferred provider organization (PPO) to deliver

all medical services mandated by the Workers’

Compensation Law. The Employer and employees

may exercise all rights granted to them under

Article 10-A.

ARTICLE V

Reduction in Force

1. The Employer shall have the right to

reduce its workforce in the following

circumstances, provided that it can establish that

the changes listed below eliminate an amount of

work similar to the proposed reduction in worker

hours:

(a) Change in work specifications or

work assignment that results in a

reduction of work

(b) Elimination of all or part of

specified work

(d) Reconstruction of all or part of

building

(e) The tenant performing the work

itself

(f) Introduction of technological

advances

(g) Change in the nature or type of

occupancy

2. If the Employer desires to reduce its

workforce, it is required, in addition to their

accrued vacation credits and termination pay, if

any, to give employees employed for one (1) year

or more one (1) week’s notice of layoff or

discharge, or, in lieu thereof, an additional week’s

pay. The Employer shall give four (4) weeks’

written notification to the Union and the RAB. The

Employer shall include in such notification the

following:

(a) Reason for reduction, specifying

whether the reduction is being made pursuant to

one or more of the reasons set forth in this article.

(b) If reduction is office cleaning work,

notification should include work schedules

showing hours, cleaning area footage, and

frequency of cleaning existing prior to the

reduction and after the reduction.

include the precise work to be eliminated, setting

forth the hours spent on each task to be eliminated

and the change in schedules and duties of

remaining employees resulting from the reduction

in force.

(d) If the reduction is due to

technological advances, the notification shall

describe the technological advance, how it will

reduce work, the number of worker hours of

reduced work, and the change in schedules and

duties of remaining employees resulting from the

reduction in force.

3. In the event that a reduction in the

workforce is effected and the reason for the

reduction in the workforce ceases to exist, the

Employer shall reinstate the workforce that

existed prior to the reduction in force.

4. If the Union grieves or arbitrates a

dispute pursuant to this provision, the following

shall apply:

(a) The arbitration shall be expedited

and in no event shall be scheduled and heard later

than seven (7) calendar days after the Union’s

request for arbitration.

(b) The Employer shall affirmatively

demonstrate that it has eliminated an amount of

work similar to the reduction in worker hours.

within seven (7) calendar days after the close of

the hearing.

(d) There shall be no adjournments

granted without mutual consent.

5. (a) The Employer shall have the

right to reduce the workforce among employees

working in its building pursuant to Article II of the

Collective Bargaining Agreement provided that it

can establish that the changes listed below

eliminate an amount of work similar to the

proposed reduction in worker hours:

(i) vacancies in building;

(ii) reconstruction of all or part of

building;

(iii) the tenant performing the work

itself.

The Employer shall give four (4) weeks’

written notification to the Union and the RAB of

any reduction in force. The notification should

include the specific reason for the reduction and

the number of worker hours being reduced.

Upon request of the Union, additional

information with respect to changes in work

assignments occasioned by the reduction shall be

provided.

In the event that the four weeks’

notification provided for herein is not given and

the Employer lays off employees pursuant to this

provision, the Employer shall pay an amount equal

to the laid-off employees’ wages and fringe

benefits (including, but not limited to, Pension,

Health, Training, Legal, and Supplemental

Retirement and Savings Fund Contributions,

Holidays, Vacation, Sick Pay, and Premium Pay)

for the period beginning with the layoff until four

(4) weeks after the Employer notifies the Union or

the issuance of a final arbitration award,

whichever is sooner, but in no event less than four

(4) weeks, even if the layoff is upheld by the

Arbitrator.

In the event that a reduction in workforce is

implemented and the reason for the reduction

ceases to exist, the workforce that existed prior to

the reduction shall be restored.

(b) In the event that the Employer

desires to implement a reduction in workforce

among employees working in its building pursuant

to Article II of this Agreement for any reason set

forth in Article V, Subsection 1 that is not

provided for elsewhere, it may do so provided that

it can demonstrate to a special committee

consisting of the President of the Union and the

President of the RAB, or their designees, that such

reduction is justified. In making its determination,

the Committee shall consider whether the

requested reduction is accompanied by a

corresponding reduction in work, existing

productivity levels in the building, and any other

factors that the Committee may deem relevant. No

reduction may be implemented without the

unanimous agreement of the Committee. The

decision of the Committee shall be final and

binding and not reviewable under the arbitration

provisions of this Agreement.

The Committee shall be convened upon the

written request of the Employer. The written

request must be made to the President of the Union

and the President of the RAB by registered or

certified mail (return receipt requested). The

Committee must be convened within sixty (60)

days of the receipt of such written request. In the

event that the Committee is not convened within

sixty (60) days and the Employer is still requesting

a reduction in force, it shall serve another written

notice on the Committee members by registered or

certified mail (return receipt requested) that it

intends to implement the reduction within ten (10)

days. If the Committee does not convene within

ten (10) days after such notice (except for

adjournments requested by the Employer), the

reduction in force may be implemented in such

manner as provided herein, whether the requested

reduction is accompanied by a corresponding

reduction in work, existing productivity levels in

the building, and any other factors that the

Committee may deem relevant. No reduction may

be implemented without the unanimous agreement

of the Committee. The decision of the Committee

shall be final and binding and not reviewable

under the arbitration provisions of this Agreement.

This provision shall apply to all employees

employed pursuant to Article II of this Agreement,

notwithstanding any provisions of any other

collective bargaining agreement.

6. In the event that the four weeks’

notification provided for herein is not given and

the Employer lays off employees pursuant to this

provision, the Employer shall pay an amount equal

to the laid-off employees’ wages and fringe

benefits (including, but not limited to, Pension,

Health, Training, Legal, and Supplemental

Retirement and Savings Fund Contributions,

Holidays, Vacation, Sick Pay, and Premium Pay)

for the period beginning with the layoff until four

(4) weeks after the Employer notifies the Union or

the issuance of a final arbitration award,

whichever is sooner, but in no event less than four

(4) weeks, even if the layoff is upheld by the

Arbitrator. The fact that payment of employees’

wages and fringe benefits are provided for herein

shall in no way be construed as a limitation of the

Arbitrator’s power and authority under other

provisions of this Agreement.

ARTICLE VI

Reason for Discharge

Any employee who is discharged shall be

furnished with a written statement of reason(s) for

such discharge no later than five (5) working days

after the date of discharge.

In appropriate circumstances, the Employer

may supplement and/or amend its written

statement of the reason(s) for discharge within a

reasonable time. Such amended statement shall be

substituted for the initial statement without

prejudice to the Employer, including in an

arbitration.

ARTICLE VII

Grievance Procedure

It is agreed that harmonious relations

between the parties require the efficient

disposition of grievances.

There shall be a Joint Industry Grievance

Committee and a grievance procedure:

1. To try to decide all issues not

covered by, and not inconsistent with, any

provision of this Agreement and that are not

required to be arbitrated under its terms.

2. To try to decide without arbitration

any issues between the parties that under this

Agreement they must submit to the Arbitrator.

3. The grievance may first be taken up

between the representative of Management and a

representative of the Union. If it is not settled, it

may be filed for arbitration.

4. All Union claims are brought by the

Union alone, and no individual shall have the right

to compromise or settle any claim without the

written permission of the Union.

5. The grievance shall be

simultaneously submitted to the Joint Industry

Grievance Committee when the grievance is filed.

6. The Committee shall comprise

representatives of the Union and the RAB, who

may be present at any meeting. If the Committee

meeting is not held before the arbitration date, the

meeting will be cancelled. It shall be the function

of the Committee to seek and encourage

settlement of all disputes brought before it.

Except in extraordinary circumstances, the

parties will participate in a Joint Industry

Grievance Committee meeting before a grievance

proceeds to arbitration and the scheduling of a

Joint Industry Grievance Committee meeting shall

not delay arbitration.

7. Any grievance, except as otherwise

provided herein and except a grievance involving

basic wage violations and Pension, Health, Legal,

Training, and Supplemental Retirement and

Savings Fund contributions, shall be presented to

the RAB in writing within one hundred twenty

(120) days of its occurrence, except for grievances

involving suspension without pay or discharge,

which shall be presented within forty-five (45)

days, unless the Employer agrees to an extension.

The Arbitrator shall have the authority to extend

the above time limitations for good cause shown.

8. Where a failure to compensate

overtime work can be unequivocally demonstrated

through employer payroll records, the Union may

grieve the failure to compensate overtime for the

three-year (3-year) period prior to the filing of the

grievance.

ARTICLE VIII

Arbitration

1. A Contract Arbitrator shall have the

power to decide all differences arising between the

parties as to interpretation, application, or

performance of any part of this Agreement and

such other issues as are expressly required to be

arbitrated, including such issues as may be

initiated by the Trustees of the Funds. Nothing in

this Agreement shall preclude deferral where the

National Labor Relations Act (“NLRA”) provides

for deferral.

2. A hearing shall be promptly

scheduled in accordance with the Office of the

Contract Arbitrator (“OCA”) Protocols after either

the Union or the RAB has served written notice

upon OCA, with copy to the other party, of any

issue to be submitted. The Arbitrator’s oath-taking

and the period and requirements for service of

notice in the form prescribed by statute are hereby

waived. Upon the joint request of all parties, the

Arbitrator shall issue a “bench decision,” with

written award to follow within the required time

period. A written award shall be made by the

Arbitrator within thirty (30) days after the hearing

closes. If an award is not timely rendered, either

the Union or the RAB may demand in writing of

the Arbitrator that the award must be made within

ten (10) more days. If no decision is rendered

within that time, either the Union or the RAB may

notify the Arbitrator of the termination of the

Arbitrator’s office as to all issues submitted to the

Arbitrator in that proceeding. By mutual consent

of the Union and the RAB, the time of both the

hearing and the decision may be extended in a

particular case. If a party, after due written notice,

defaults in appearing before the Arbitrator, an

award may be rendered upon the testimony of the

other party.

No more than one adjournment per party

shall be granted by the Arbitrator without consent

of the opposing party.

There shall be an expedited arbitration

procedure where the contract so provides that shall

require the Arbitrator to hear and determine the

matter within four (4) weeks after the demand for

arbitration is filed.

Due written notice means mailing, faxing,

or hand delivery to the address of the Employer

furnished to the Union by the RAB.

In the event that the Union appears at an

arbitration without the grievant, the Arbitrator

shall conduct the hearing, provided it is not

adjourned. The Arbitrator shall decide the case

based upon the evidence adduced at the hearing.

3. The procedure herein with respect to

matters over which a Contract Arbitrator has

jurisdiction shall be the sole and exclusive method

for the determination of all such issues, and the

Arbitrator shall have the power to award

appropriate remedies, the award being final and

binding upon the parties and the employee(s) or

Employer(s) involved. Nothing herein shall be

construed to forbid either party from resorting to

court for relief from, or to enforce rights under,

any award. In any proceeding to confirm an award

of the Arbitrator, service may be made by

registered or certified mail, within or without the

State of New York, as the case may be.

4. Should either party fail to abide by

an arbitration award within two (2) weeks after

such award is sent by registered or certified mail

to the parties, either party may, at its sole and

absolute discretion, take any action necessary to

secure such award, including, but not limited to,

suits at law. Should either party bring such suit, it

shall be entitled, if it succeeds, to receive from the

other party all expenses for counsel fees and court

costs.

5. Grievants attending grievances and

arbitrations shall be paid for their regularly

scheduled hours during such attendance.

6. If the Union requires an employee of

the building to be a witness at the hearing and the

Employer adjourns the hearing, the employee

witness shall be paid by the Employer for such

employee’s regularly scheduled hours during

attendance at such hearing. This provision shall be

limited to one employee witness.

7. The RAB shall be deemed a party to

any proceeding under this article.

8. The parties have agreed to an Office

of the Contract Arbitrator-Building Service

Industry. The Union and the RAB have appointed

the following Panel of Arbitrators:

Stuart Bauchner

Melissa Biren

Dr. John Coverdale

Howard C. Edelman

Deborah Gaines

Richard Kass

Gary Kendellen (Funds Only)

Randi Lowitt

Cheryl Messena

Terrance Nolan

Mary O’Connell

Earl Pfeffer

Ellen Gallin Procida

David Reilly

Haydee Rosario

Julie Torrey

All cases involving a Superintendent shall

be assigned to Arbitrators Deborah Gaines,

Terrance Nolan, or David Reilly.

Upon thirty (30) days’ written notice to

each other, either the Union or the RAB may

terminate the services of any Arbitrator on the

panel. Successor or additional Arbitrators shall be

appointed by mutual agreement of the Union and

the RAB. In the event of the removal, death, or

resignation of all of the Arbitrators, the successors

or temporary substitutes shall be chosen by the

Union and the RAB. If the parties are unable to

agree on a successor, then the Chairperson of the

New York State Employment Relations Board

shall appoint a successor after consultation with

the parties.

The cost of the Office of the Contract

Arbitrator shall be shared in a manner determined

by the Union and the RAB.

ARTICLE IX

No Strikes or Lockouts

1. There shall be no work stoppage,

strike, lockout, or picketing except as provided in

Sections 2, 3, and 4 of this article. If this provision

is violated, the matter may be submitted

immediately to the Arbitrator.

In the event of an alleged violation of this

article, the RAB or the Union may, by hand

delivery or by facsimile, request an immediate

arbitration. The Office of the Contract Arbitrator

shall schedule a hearing on the alleged violation

within twenty-four (24) hours after receipt of said

notice. The Arbitrator shall issue an award

determining whether or not said alleged strike or

lockout is in violation of the collective bargaining

agreement and award appropriate remedy. This is

a procedural provision intended only to bring the

arbitration on more quickly.

2. If a judgment or Arbitrator’s award

against the Employer for Health, Pension,

Training, Legal, and Supplemental Retirement and

Savings Fund payment or wages or an award or

judgment against a contractor for these or other

payments is not complied with within three (3)

weeks after such award is sent by registered or

certified mail to the Employer or contractor at its

last known address, the Union may order a

stoppage of work, strike, or picketing in the

building involved to enforce the award or

judgment, and it may also thereby compel

payment of lost wages to any employee engaged

in such activity. Upon compliance with the award

and/or judgment and payment of lost wages, such

activity shall cease.

3. Except as otherwise provided in this

article, should either party fail to abide by an

arbitration award within three (3) weeks after such

award is sent by registered or certified mail to the

parties, either party may, at its sole and absolute

discretion, bring an action at law to enforce such

award. Should either party commence such suit, it

shall be entitled, if it succeeds, to receive from the

other party all reasonable expenses for counsel

fees and court costs. Should either party fail to

abide by an arbitration award and fail to

commence an action in court to vacate such award

within three (3) weeks after such award is served

as provided above, the aggrieved party shall have

the right to strike and compel payment of lost

wages to any employee engaged in strike activity

or lockout without affecting the other terms and

conditions of the Agreement.

4. The Union may order a work

stoppage, strike, or picketing in a building where

the Employer has violated Article II, provided that

seventy-two (72) hours’ written notice is given

either by hand delivery or by facsimile to the

Employer and the RAB of the Union’s intention to

do so.

5. The Union shall not be held liable for

any violation of this article where it appears that it

has taken all reasonable steps to avoid and end the

violation.

6. Labor Peace Committee – In the

interest of labor peace, and in recognition of the

relationship between the New York City Real

Estate Industry and the Union, the Union President

and the RAB President, or their designees, and

such other persons as they may mutually designate

(including representatives of any interested

employers) shall convene on a quarterly basis, or

at the request of either President, to discuss any

labor disputes, of which they are aware, with

Employers. Both parties shall use their best efforts

to notify the other party of such disputes in

advance in order to provide an adequate

opportunity to seek to resolve such disputes.

ARTICLE X

Multiemployer Bargaining

1. Employers on the Master List

submitted by the RAB to the Union at the

commencement of the negotiations shall be bound

by the terms of this Agreement. All buildings

listed by the RAB must pay scale wages and other

terms and conditions of employment in

accordance with the RAB Agreement prior to the

expiration of this Agreement, except those in

Nassau and Suffolk Counties, where wage rates

and Benefit Fund contributions shall be negotiated

separately.

2. If there is a bona fide sale or other

transfer of title of any member building or a

change of control through a lease, or, in the case

of noncorporate ownership, if any person or

persons completely divest themselves of

ownership or control by any arrangement, the

successors in ownership or control may, unless

they have otherwise indicated their intention not to

be bound by this Agreement, join the RAB and

adopt the contract within forty-five (45) days after

such acquisition, provided:

(a) The building is not already bound by

another agreement.

(b) Written notice is given to the Union

within five (5) days after joining the RAB. Notice

shall be given by hand delivery or postmarked not

later than the fifth (5th) business day.

agreement, (1) during such period, there is no

layoff or change in wages, hours, terms, or

conditions of employment therein; (2) the new

owner or transferee recognizes employee seniority

and vacation status; (3) all obligations to

employees, and those pursuant to the Health,

Pension, Training, Legal, and/or Supplemental

Retirement and Savings Funds, are fully paid up to

the transfer date; and (4) provision is made to pay

retroactively any wage underpayments resulting

from the building’s improper classification under

Article XVI. Any adoption by the Employer shall

be deemed to be effective on the date of sale.

(d) A building being converted to

cooperative or condominium ownership shall be

treated as a newly acquired building upon the

effective date of the declaration of the cooperative

or condominium plan or transfer of title, or upon

the transfer of shares to the first cooperative

owners or the sale of first condominium unit,

whichever is later.

(e) Any Employer signatory to an

agreement with the Union other than this

Agreement shall remain bound to the terms of that

Agreement until its expiration date. If such

Employer joins the RAB, it may adopt the RAB

contract and be fully covered by the terms of the

RAB Agreement after expiration of its other

agreement and before execution of a new contract,

provided:

(1) Notice in writing is given to the

Union of such adoption prior to the expiration of

the other contract,

(2) Such Employer is not in default

under the other contract, and

(3) The RAB approves such

membership.

3. With respect to newly organized,

newly constructed buildings, or remodeled

buildings that are tenant occupied, the Employer

shall have forty-five (45) days to file a

commitment to this Agreement after the Union

serves a representation notice on the Employer

with a showing of majority status of the existing

employees, with a copy to the RAB.

Where the time limits provided for in this

article are not complied with, this Agreement shall

not be applicable to such building unless the Union

agrees to same in writing.

4. This article notwithstanding, the

Union may refuse to accept any building:

(a) until it represents a majority of the

building service employees;

(b) where contributions for Pension,

Health, Training, Legal, and/or Supplemental

Retirement and Savings Funds are in default for

three (3) months or more from the date payment

was due;

not been complied with;

(d) the Union may not refuse to accept a

building where, during the term of this or the

preceding Collective Bargaining Agreement, the

Employer has taken a building whose employees

are represented by the Union and in which

building it has instituted a reduction in force or

changed existing conditions of employment,

provided that the Employer has done so in a

manner consistent with the terms of this

Agreement. This provision shall not be construed

as relieving the Employer from any other

obligations under this Agreement. The right of

refusal shall not be exercised in order to require

the building to become a party to any other

agreement. Before so refusing any building or

taking any further action, the Union shall notify

the RAB in writing.

5. In the event that the Union enters

into a contract or contracts, or enters into renewals

or modifications of a contract or contracts, with

any Employer(s) covering commercial buildings

that contain new or revised economic terms or

other conditions that are effective on or after

January 1, 2024, which economic terms or

conditions are more favorable to such Employer(s)

than the terms contained in this Agreement, the

RAB and all its member buildings shall be entitled

to and may have the full benefit of any and all of

such more favorable terms, upon notification to

the Union. This provision may be waived in

writing for good cause shown by the President of

the RAB and the President of the Union, or their

designees.

Upon request of the President of the RAB,

the Union shall provide copies of any agreements

outside of Brooklyn, Manhattan, Staten Island, or

Queens that are more favorable to the Employer

than the terms of this Agreement.

In buildings where wage rates under the

category of “others” prior to January 1, 2024, were

lower than those provided for in the 2020

Commercial Building Agreement, wage increases

agreed to by the Union and the Employers

covering said buildings on or after January 1, 2024,

shall not be construed as “more favorable” within

the meaning of this article unless the percentage

increase in wages of the “others” category is lower

than that provided for in this Agreement. This

provision shall not apply to:

(a) Newly organized buildings during

their first contract period;

(b) Buildings in bankruptcy;

(d) Employees who are solely and

exclusively security guards;

(e) One-person buildings;

(f) Hardship buildings granted relief in

accordance with the terms of this

Agreement; and

(g) Buildings located outside

Manhattan, Brooklyn, Queens, and

Staten Island.

The Union shall furnish the RAB with a list

of present agreements that are more favorable to

the Employer than this Agreement.

Any Employer claiming financial hardship

in operating a building may request a hearing

before a Special Committee consisting of the

President of the Union and the President of the

RAB, or their designees. At such hearing, the

Employer shall present proof of financial hardship,

including, without limitation, financial statements.

The Committee may grant or deny in whole or in

part relief from the provisions of this contract.

This provision shall not be subject to grievance

and arbitration.

ARTICLE XI

Health, Pension, Training, Legal, and

Supplemental Retirement and Savings Funds

A. HEALTH FUND

1. The Employer shall make

contributions to a health trust fund, known as the

“Building Service 32BJ Health Fund,” to cover

employees covered by this Agreement who work

more than two (2) days per week, with such health

benefits as may be determined by the Trustees of

the Fund. The Employer may, unless rejected by

the Trustees, upon execution of a participation

agreement in the form acceptable to the Trustees,

cover such other of its employees as it may elect,

provided such coverage is in compliance with law

and the Trust Agreement.

Employees who are on workers’

compensation or who are receiving statutory

short-term disability benefits, Building Service

32BJ long-term disability benefits, or a Building

Service 32BJ disability pension shall be covered

by the Health Fund without employer

contributions until they may be covered by

Medicare or thirty (30) months from the date of

disability, whichever is earlier.

In no event shall any employee who was

previously covered for health benefits lose such

coverage as a result of a change or elimination of

the Health Fund provision extending coverage for

disability. In the event the provision extending

coverage for disability is discontinued for any

reason, the Employer shall be obligated to make

contributions for the duration of the period that

would have otherwise been available.

2. Effective January 1, 2024, the rate of

contribution to the Health Fund shall be

$23,892.00 per year for each covered employee,

payable when and how the Trustees determine.

3. Effective January 1, 2025, the rate of

contribution to the Fund shall be $24,612.00 per

year for each covered employee.

4. Effective January 1, 2026, the rate of

contribution to the Fund shall be $25,104.00 per

year for each covered employee.

5. Effective January 1, 2027, the rate of

contribution to the Fund shall be $25,728.00 per

year for each covered employee.

6. The parties agree that if there is

governmental health care reform mandating

payment, in full or part, by a contributing

Employer for some or all of the benefits already

provided for in the Health Fund to participants, the

parties shall meet to discuss what ameliorative

steps, if any, might be appropriate to minimize any

adverse impact on the Funds, its participants, and

Employers.

The parties agree that if the recently passed

health care reform legislation or any future

governmental health care reform requires (i) any

payment by contributing Employers for some or

all of the benefits already provided for in the

Health Fund to participants or (ii) any contributing

Employers to pay any excise or other tax, penalty

(including assessable payments), fee, or other

amount relating to or resulting from the eligibility

requirements of or the level of benefits provided

by the Fund, the parties shall recommend that the

Trustees revise the plan of benefits under the Fund

so that such excise or other tax, penalty (including

assessable payments), fee, or other amount are not

payable. In the event the Trustees do not revise the

plan of benefits under the Fund so that such excise

or other tax, penalty (including assessable

payments), fee, or other amount are not payable,

the affected Employers’ contributions to the Fund,

or contributions to the other Benefit Funds, shall

be reduced by the amount of such excise or other

tax, penalty (including assessable payments), fee,

or other amount. With respect to any future

governmental health care reform that requires any

payments described in (i) and/or (ii) in this

paragraph, the bargaining parties will bargain over

what to recommend to the Trustees consistent with

the goals of maintaining quality benefits and

containing costs.

7. Except as qualified by Article III,

Section 2 of this Agreement with respect to group

life insurance, any Employer who becomes party

to this Agreement and who has a plan in effect

immediately prior thereto that provides health

benefits the equivalent or better than the benefits

provided for herein, and the cost of which to the

Employer is at least as great, may, upon agreement

of the Union and the RAB, cover its employees

under its existing plan in lieu of this Fund.

If any future applicable legislation is

enacted, there shall be no duplication or

cumulation of coverage and the parties will

negotiate such changes as may be required by law.

8. Health Fund Study Committee

The RAB and the Union reaffirm their

strong commitment to continue the work of the

Health Fund Study Committee to evaluate the

Building Service 32BJ Health Fund benefits and

operations, with the goal being to recommend to

the Trustees ways for the Health Fund to

continuously save money on medical,

administrative, and other costs associated with the

Health Fund while maintaining high quality of

care for Health Fund participants. The bargaining

parties have already accepted the previous

recommendations of the Health Fund Study

Committee to save the Health Fund at least $100

million per year in costs commencing no later than

January 1, 2012, and recommended to the Health

Fund Trustees, who acted upon the

recommendations, to take all legal action

necessary so that (i) such recommended savings

measures are implemented by the Health Fund, (ii)

the Health Fund reserves do not fall below an

amount equivalent to no less than six (6) full

months of benefit costs and operating expenses,

(iii) such measures shall not thereafter be modified

absent unanimous agreement of the Trustees, and

(iv) such measures are made with the intent of

being permanent and within the purposes of the

aforementioned cost savings. The provisions of

Subsections (ii) through (iv) of the prior sentence

shall continue to apply to any new recommended

savings measures that are implemented by the

Health Fund pursuant to this section. The Health

Fund Study Committee shall meet regularly, and

on an ongoing basis, to continue to monitor and

review Health Fund expenditures and trends, to

evaluate and consider best practices and

developments in cost-effective methods of

providing quality benefits for the purposes of

continuing to ensure that substantial savings are

being realized and to recommend any and all

appropriate measures to modify or modulate costtrends, and to make recommendations to the

collective bargaining parties and/or Fund Trustees

regarding potential actions, including, without

limitation, for further savings. The Health Fund

Study Committee shall comprise the President of

the RAB and the President of the Union, or their

designees, and the RAB and the Union shall be

represented in equal numbers.

Notwithstanding the foregoing, the Health

Fund Study Committee will meet regularly once a

quarter to review a report from the Health Fund

staff of material items of Fund revenues and

expenses for the prior six-month (6-month) period

and anything else deemed appropriate by Fund

staff. In addition, the Health Fund staff will also

notify the Health Fund Study Committee as soon

as possible upon the occurrence of any

extraordinary event(s) or other information that is

reasonably likely to have a material adverse effect

on the revenues and/or expenses of the Fund in the

future (“Extraordinary Event”), and the Health

Fund Study Committee will hold a special meeting

shortly after such notification. In advance of any

such special meeting (or at any regular quarterly

meeting in which an Extraordinary Event is to be

reported), the Health Fund Study Committee shall

require the Health Fund Benefit Consultant and

Fund staff to provide the Committee with such

information and projections (including options for

measures to be taken to save money on medical

and hospital costs and/or changes that can adopted

to the Fund’s plan of benefits) as are deemed

necessary by the Health Fund Study Committee

for such meeting. At such meeting, the Health

Fund Study Committee shall negotiate as to the

appropriate actions, if any, they agree to jointly

recommend to the Trustees for adoption to address

the circumstances raised by such Extraordinary

Event.

9. If, during the term of this Agreement,

the Trustees find the payment provided herein is

insufficient to maintain benefits and adequate

reserves for such benefits, they shall require the

parties to increase the amounts needed to maintain

such benefits and reserves. In the event the

Trustees are unable to reach agreement on the

amount required to maintain benefits and reserves,

the matter shall be referred to arbitration pursuant

to the deadlock provisions of the Fund’s

Agreement and Declaration of Trust. The

preceding maintenance of benefits provision shall

be suspended for the life of this Agreement.

B. PENSION FUND

1. The Employer shall make

contributions to a pension trust fund known as the

“Building Service 32BJ Pension Fund” to cover

bargaining unit employees who are regularly

employed twenty (20) or more hours per week,

including paid time off. The Employer shall also

make contributions on behalf of other bargaining

unit employees to the extent that such employees

work a sufficient number of hours to require

benefit accrual pursuant to Section 204 of ERISA.

Employees unable to work and who are on

statutory short-term disability benefits or workers’

compensation shall continue to accrue pension

credits without employer contributions during the

periods of disability up to six (6) months or the

period of the disability, whichever is earlier.

2. The bargaining parties shall

recommend to the Trustees of the Building Service

32BJ Pension Fund (“Pension Fund”) a ten percent

(10%) pension benefit enhancement for all

participants in Programs A and B of the Pension

Fund effective July 1, 2024, in accordance with the

Trust Agreement rules and procedures of the

Pension Fund and applicable law.

3. Effective January 1, 2024, the rate of

contribution to the Fund shall be $134.75 per week

for each covered employee, payable when and

how the Trustees determine.

Effective January 1, 2025, the rate of

contribution to the Fund shall be $138.75 per week

for each covered employee.

Effective January 1, 2026, the rate of

contribution to the Fund shall be $142.75 per week

for each covered employee.

Effective January 1, 2027, the rate of

contribution to the Fund shall be $146.75 per week

for each covered employee.

The bargaining parties agree that the

foregoing contribution requirements for the

Pension Fund are consistent with the contribution

rate schedules required by the Pension Fund’s

rehabilitation plan under Section 432 of the

Internal Revenue Code.

4. Any Employer who becomes party to

this Agreement and who immediately prior thereto

has a pension plan in effect that provides benefits

equivalent to or better than the benefits provided

herein, may, upon agreement of the Union and the

RAB, cover its employees under its existing plan

in lieu of this Fund and be relieved of the

obligation to make contributions to the Fund for

the period of such other coverage.

5. If the Employer has an existing plan

as referred to above, it shall not discontinue or

reduce benefits without prior Union consent and

the existing plan shall remain obligated to the

employee(s) for whatever benefits they may be

entitled.

6. In no event shall the Trustees or any

of them, the Union, or the RAB, directly or

indirectly, by reason of this Agreement, be

understood to consent to the extinguishment,

change, or diminution of any legal rights, vested

or otherwise, that anyone may have in the

continuation in existing form of any such

Employer pension plan, and the Trustees or any of

them, the Union, and the RAB shall be held

harmless by an Employer against any action

brought by anyone covered under such

Employer’s plan asserting a claim based upon

anything done pursuant to Section 4. Notice of the

pendency of any such action shall be given to the

Employer, who may defend the action on behalf of

the indemnitee.

7. The parties agree that if there are

new governmental regulations issued that

implement the excise tax provisions of the Pension

Protection Act (PPA), or there is further

governmental reform relating to the funding of

pension funds, the parties shall meet to discuss

what steps, if any, might be appropriate to

ameliorate any adverse impact on the Funds, its

participants, and employers.

To the extent that any employer covered by

this Agreement, with respect to employees

covered by this Agreement, becomes subject to an

automatic employer surcharge or any excise tax,

penalty, fee, increased contribution rate, or other

amount relating to the funding of the Pension Fund

(but not including interest, liquidated damages, or

other amounts owed as a consequence of failing to

make timely remittance of contributions to the

Pension Fund) under Sections 412 or 432 of the

Internal Revenue Code, the parties agree that the

required contributions to the Health Fund,

Training Fund, and/or Legal Services Fund for

each employer covered under this Agreement shall

be reduced dollar for dollar by the aggregate

amount of any additional contribution and/or

surcharge amounts, excise taxes, penalties, fees, or

other amounts that such employer is required to

pay, as provided in this subsection. Unless a

different allocation among the Funds is agreed

upon in advance of any applicable due date for

such contributions by the Presidents of the RAB

and Local 32BJ, such amount shall be allocated

solely from the Health Fund.

C. TRAINING, SCHOLARSHIP, AND

SAFETY FUND

The Employer shall make contributions to a

training and scholarship trust fund known as the

“Thomas Shortman Training, Scholarship and

Safety Fund” to cover employees covered by this

Agreement who work more than two (2) days per

week, with such benefits as may be determined by

the Trustees.

Effective January 1, 2024, the rate of

contribution to the Thomas Shortman Fund shall

be $169.60 per year for each covered employee,

payable when and how the Trustees determine.

Effective January 1, 2025, the rate of

contribution to the Thomas Shortman Fund shall

be $169.60 per year for each covered employee,

payable when and how the Trustees determine.

Effective January 1, 2026, the rate of

contribution to the Thomas Shortman Fund shall

be $193.60 per year for each covered employee,

payable when and how the Trustees determine.

Effective January 1, 2027, the rate of

contribution to the Thomas Shortman Fund shall

be $193.60 per year for each covered employee,

payable when and how the Trustees determine.

D. GROUP PREPAID LEGAL FUND

The Employer shall make contributions to a

prepaid legal services trust fund known as the

“Building Service 32BJ Legal Services Fund” to

cover employees covered by this Agreement who

work more than two (2) days per week, with such

benefits as may be determined by the Trustees.

Effective January 1, 2024, the rate of

contribution to the Legal Fund shall be $36.32 per

year for each covered employee, payable when

and how the Trustees determine.

Effective January 1, 2025, the rate of

contribution to the Legal Fund shall be $199.60

per year for each covered employee, payable when

and how the Trustees determine.

Effective January 1, 2026, the rate of

contribution to the Legal Fund shall be $175.60

per year for each covered employee, payable when

and how the Trustees determine.

Effective January 1, 2027, the rate of

contribution to the Legal Fund shall be $175.60

per year for each covered employee, payable when

and how the Trustees determine.

E. SUPPLEMENTAL RETIREMENT AND

SAVINGS FUND (SRSF)

The Employer shall make contributions to a

trust fund known as the “Building Service 32BJ

Supplemental Retirement and Savings Fund”

(“SRSF”) to cover bargaining unit employees who

are regularly employed twenty (20) or more hours

per week, including paid time off, with employer

contributions as hereinafter provided and taxexempt employee wage deferrals as provided by

the Plan and/or Plan rules. Employer contributions

for other bargaining unit employees shall also be

required for each week in which they work twenty

(20) or more hours, including paid time off.

Effective January 1, 2024, the Employer

shall contribute $13.00 per week per covered

employee into the SRSF, payable when and how

the Trustees determine.

F. PROVISIONS APPLICABLE TO ALL

FUNDS

1. If the Employer fails to make

required reports or payments to the Funds, the

Trustees may, at their sole and absolute discretion,

take any action necessary, including, but not

limited to, immediate arbitration and suits at law,

to enforce such reports and payments, together

with interest and liquidated damages as provided

in the Funds’ Trust Agreements, and any and all

expenses of collection, including, but not limited

to, counsel fees, arbitration costs and fees, and

court costs.

Any Employer regularly or consistently

delinquent in Health, Pension, Legal, Training, or

SRSF may be required, at the option of the

Trustees of the Funds, to provide the appropriate

Trust Fund with security guaranteeing prompt

payment of such payments.

2. By agreeing to make the required

payments into the Funds, the Employer hereby

adopts and shall be bound by the Agreement and

Declaration of Trust as it may be amended and the

rules and regulations adopted or hereafter adopted

by the Trustees of each Fund in connection with

the provision and administration of benefits and

the collection of contributions. The Trustees of the

Funds shall make such amendments to the Trust

Agreements and shall adopt such regulations as

may be required to conform to applicable law and

that shall in any case provide that employees

whose work comes within the jurisdiction of the

Union (which shall not be considered to include

anyone in an important managerial position) may

only be covered for benefits if the building in

which they are employed has a collective

bargaining agreement with the Union. Any dispute

about the Union’s jurisdiction shall be settled by

the President of the Union and the President of the

RAB.

3. Except as otherwise provided in

Article XXI, Section 10(b) below, with respect to

the Building Service Pension and Supplemental

Retirement Savings Funds, employees shall have

a waiting period of ninety (90) days before

becoming eligible to participate in the Funds and

no contribution shall be made on behalf of

employees during the ninety (90) day period.

However, notwithstanding the foregoing, newly

hired employees shall be eligible to participate in

the Training Fund upon their date of hire.

4. The parties agree that the Presidents

of the RAB and Local 32BJ may determine, at

their discretion and upon mutual consent, prior to

the beginning of any calendar year to allocate any

portion of the scheduled contributions in any of the

Funds to any other Funds.

ARTICLE XII

Disability Benefits Law and

Unemployment Insurance

1. The Employer shall cover its

employees so that they shall receive maximum

weekly cash benefits provided under the New

York State Disability Benefits Law on a

noncontributory basis, and also under the New

York State Unemployment Insurance Law,

whether or not such coverages are mandatory.

2. Failure to so cover employees makes

the Employer liable to an employee for all loss of

benefits and insurance.

3. The Employer will cooperate with

employees in processing their claims and shall

supply all necessary forms, properly addressed,

and shall post adequate notice of places for filing

claims.

4. If the employee informs the

Employer that the employee is requesting workers’

compensation benefits, then no sick leave shall be

paid to such employee unless the employee

specifically requests in writing payment of such

leave. If an employee informs the Employer that

the employee is requesting disability benefits, then

only five (5) days’ sick leave shall be paid to such

employee (if the employee has that amount unused)

unless the employee specifically requests in

writing payment of additional available sick leave.

5. Any employees required to attend

their workers’ compensation hearing shall be paid

for their regularly scheduled hours during such

attendance.

6. Any cost incurred by the Union to

enforce the provisions of this article shall be borne

by the Employer.

7. The parties agree to establish a

committee under the auspices of the Building

Service 32BJ Health Fund to investigate and

report on the feasibility of self-insuring disability

and unemployment benefits.

ARTICLE XIII

Sickness Benefits

1. Any regular employee with at least

one (1) year of service (as defined in Section 4

below) in the building or with the same Employer

shall receive in a calendar year from the Employer

ten (10) paid sick days for bona fide illness.

Regular employees with less than one (1) year of

service shall be advanced up to three (3) paid sick

or other paid days off from the allotments that they

receive upon their first anniversary to obtain a

maximum of seven (7) paid days in their first year

of employment for the purposes specified in the

New York Paid Sick Leave Law, Labor Law

Section 196-b, and the New York City Earned

Safe and Sick Time Act, N.Y.C. Admin. Code

Section 20-911 et seq.

Any employee entitled to sickness benefits

shall be allowed seven (7) single days of paid sick

leave per year, taken in single days. The remaining

three (3) days of paid sick leave may be either paid

for illnesses of more than one (1) day’s duration or

counted as unused sick leave days.

The employee shall receive the above sick

pay whether or not such illness is covered by the

New York State Disability Benefits Law or the

New York State Workers’ Compensation Act;

however, there shall be no pyramiding or

duplication of disability benefits and/or workers’

compensation.

2. An employee absent from duty due

to illness only on a scheduled workday

immediately before and/or the scheduled workday

immediately after a holiday shall not be eligible

for sick pay for said absent workday or workdays.

3. Employees who have continued

employment to the end of the calendar year and

have not used all sickness benefits shall be paid in

the succeeding January, one (1) full day’s pay for

each unused sick day.

Any employee who has a perfect attendance

record for the calendar year shall receive an

attendance bonus of $125.00 in addition to

payment of the unused sick days.

For the purpose of this provision, perfect

attendance shall mean that the employee has not

used any sick days (except Union-paid, Unionsponsored leave for collective bargaining and

Union governance functions).

If an Employer fails to pay an employee

before the end of February, then such Employer

shall pay one (1) additional day’s pay unless the

Employer challenges the entitlement or amount

due.

4. For the purpose of this article, one (1)

year’s employment shall be reached on the

anniversary date of employment. Employees who

complete one (1) year of service after January 1

shall receive a pro rata share of sickness benefits

for the balance of the calendar year.

A “regular” employee shall be defined as

one who is a full- or part-time employee employed

on a regular schedule. Those employed less than

forty (40) hours a week on a regular basis shall

receive a pro rata portion of sickness benefits

provided herein computed on a forty-hour (40-

hour) workweek.

5. All payments set forth in this article

are voluntarily assumed by the Employer, in

consideration of concessions made by the Union

with respect to various other provisions of this

Agreement, and any such payment shall be

deemed to be a voluntary contribution or aid

within the meaning of any applicable statutory

provisions.

6. The parties agree that on an annual

basis the paid leave benefits provided to regular

employees under this Agreement, including, but

not limited to, paid sick leave, vacation days,

personal days, elective holidays, and service

center days, are comparable to or better than those

provided under the New York City Earned Safe

and Sick Time Act, N.Y.C. Admin. Code § 20-911

et seq., and the New York Paid Sick Leave Law,

N.Y. Labor Law § 196-b. Therefore, the

provisions of those Acts are hereby waived.

ARTICLE XIV

Building Acquisition by Public Authority

Where a building is acquired by a public

authority of any nature through condemnation,

purchase, or otherwise, the last owner shall

guarantee the payment of termination pay and of

accrued vacations due to the employees up to the

date of transfer of title. The Union will, however,

seek to have such authority assume the obligations

for payments. If unsuccessful and the last owner

becomes liable for such payments, the amounts

thereof shall be liens upon any condemnation

award or on any amount received by such last

owner.

ARTICLE XV

Sale or Transfer of Building

In the event an Employer intends to

terminate its employer-employee relationship

under this Agreement, the Employer shall give the

Union and the RAB reasonable written notice

prior to the effective date thereof, and, upon the

request of the Union, the Employer shall meet with

the Union to negotiate the impact of such

termination upon the employees involved. The

obligation to negotiate shall be subject to

arbitration, but failure to agree on the impact shall

not be subject to arbitration.

In the event of a change of Employers in a

building, the RAB shall use its best efforts to have

the succeeding Employer join the RAB and

become bound by the terms of this Agreement.

In the event an Employer terminates an

employee or employees because of a change in

ownership, operation, or control of a building or

buildings, and such employee(s) are not offered

employment or are not employed by the

succeeding Employer in the building or buildings

at the then existing wages, hours, and working

conditions, the terminated employee(s) shall

receive severance pay in the amount of six (6)

months’ pay, in addition to any other accrued

payments due under this Agreement.

Nothing herein contained shall be deemed

to limit or diminish in any way the Union’s right

to enforce this Agreement against any transferee

pursuant to applicable law concerning rules of

successorship or otherwise, nor limit or diminish

in any way the Union’s or any employee’s right to

institute proceedings pursuant to the provisions of

State or Federal labor relations laws, or any

statutes, rules, or regulations that may be

applicable.

ARTICLE XVI

Building Classifications

1. Buildings are classified as A, B, or C

buildings according to the following definitions:

(a) Class A building—Gross area of

more than 280,000 square feet.

(b) Class B building—Gross area of

more than 120,000 and not over 280,000 square

feet.

than 120,000 square feet.

2. Gross area of a LOFT building is the

sum total of areas existing on the various floors of

a loft building, including the basement space but

excluding that portion of the penthouse used for

the machinery and appurtenances of the building

and that portion of the basement used for the

public utilities and general operation of the

property.

Gross area of an entire floor shall be

computed by measuring from the inside plaster

surfaces of all exterior walls of space

encompassed in a tenant’s premises, including

columns, corridors, toilets, slop sinks, elevator

shafts, etc., except that space reserved for the fire

tower court.

3. Gross area of an OFFICE building is

the sum total of areas existing on the various floors

of the building, including the basement space but

excluding that portion of the penthouse used for

the machinery and appurtenances of the building

and that portion of the basement used for the

public utilities and general operation of the

property.

Gross area of an entire floor shall be

computed by measuring from the inside plaster

surface of all exterior walls of space used by the

tenant on the floor, including columns and

corridors but excluding toilets, porter’s closets,

slop sinks, elevator shafts, stairs, fire towers, vents,

pipe shafts, meter closets, flues and stacks, and

any vertical shafts and their enclosing walls. No

deductions shall be made for columns, pilasters, or

projections necessary to the building.

ARTICLE XVII

Wages and Hours

1. (a) Effective January 1, 2024,

each employee covered hereunder shall receive a

wage increase of $0.50 for each regular straighttime hour worked.

(b) Effective January 1, 2025, each

employee covered hereunder shall receive a wage

increase of $1.00 for each regular straight-time

hour worked.

employee covered hereunder shall receive a wage

increase of $1.075 for each regular straight-time

hour worked.

(d) Effective January 1, 2027, each

employee covered hereunder shall receive a wage

increase of $1.15 for each regular straight-time

hour worked.

(e) Additionally, the minimum hourly

rate differential for handypersons, forepersons,

and starters, which shall include all employees

doing similar or comparable work by whatever

title known, shall be increased by $0.05 effective

on each of the dates set forth in Subparagraphs (a)

through (d).

Minimum wage rates shall be those set forth

in the tables on pages 163–170 hereof, increased

accordingly to reflect the above increases in each

category of work.

Effective January 1, 2025, in the event that

the percentage increase in the cost of living

[Consumer Price Index for the City of New YorkMetropolitan Area (New York-New Jersey) Urban

Wage Earners and Clerical Workers] from

November 2023 to November 2024 exceeds 6.5%,

an increase of $0.10 per hour for each full l%

increase in the cost of living in excess of 6.5%

shall be granted effective for the first full work

week commencing after January 1, 2025. In no

event shall said increase pursuant to this provision

exceed $0.20 per hour. In computing increases in

the cost of living above 6.5%, less than 0.5 % shall

be ignored and increases of 0.5% or more shall be

considered a full point. Any increases hereunder

shall be added to the minimum.

Effective January l, 2026, in the event that

the percentage increase in the cost of living

[Consumer Price Index for the City of New YorkMetropolitan Area (New York-New Jersey) Urban

Wage Earners and Clerical Workers] from

November 2024 to November 2025 exceeds 6%,

an increase of $0.10 per hour for each full 1%

increase in the cost of living in excess of 6% shall

be granted effective for the first full work week

commencing after January 1, 2026. In no event

shall said increase pursuant to this provision

exceed $0.20 per hour. In computing increases in

the cost of living above 6%, less than 0.5% shall

be ignored and increases of 0.5% or more shall be

considered a full point. Any increases hereunder

shall be added to the minimum.

Effective January l, 2027, in the event that

the percentage increase in the cost of living

[Consumer Price Index for the City of New YorkMetropolitan Area (New York-New Jersey) Urban

Wage Earners and Clerical Workers] from

November 2025 to November 2026 exceeds 6%,

an increase of $0.10 per hour for each full 1%

increase in the cost of living in excess of 6% shall

be granted effective for the first full work week

commencing after January 1, 2027. In no event

shall said increase pursuant to this provision

exceed $0.20 per hour. In computing increases in

the cost of living above 6%, less than 0.5% shall

be ignored and increases of 0.5% or more shall be

considered a full point. Any increases hereunder

shall be added to the minimum.

2. (a) The standard workweek shall

consist of five (5) consecutive days Monday

through Sunday and shall not exceed eight (8)

hours in any one day. Notwithstanding the above,

if the Employer seeks to implement an alternate

full-time work schedule with daily shifts in excess

of eight (8) hours, the Employer shall notify the

Union and the RAB and the parties shall discuss

the implementation of such a schedule, including

the impact and process for obtaining the consent

of the impacted employees. Any employee

seeking to work a modified schedule shall execute

a form to be agreed upon by the parties that states

that the request to work the modified schedule is

knowingly and voluntarily made, and the

Employer shall retain a copy of such form. Upon

receipt of an executed form, the Union will waive

the enforcement of any obligation under the

Agreement for the Employer to pay an overtime or

premium pay for working more than eight (8)

hours in a day.

Overtime at the rate of time and one-half the

regular straight-time hourly rate shall be paid for

all hours worked in excess of eight (8) hours per

day or forty (40) hours per week, whichever is

greater. A paid holiday shall be considered a day

worked for the purpose of computing overtime pay.

There shall be no split shifts.

(b) Employees on the payroll on or

before January 1, 1978, shall not have their

scheduled hours reduced. Employees on the

payroll on or before January 1, 1978, shall not

have their scheduled hours increased by more than

one (1) hour a day without written consent of the

Union. Where feasible, the additional hour shall be

applied to the first part of the work schedule. The

Employer shall give the Union three (3) weeks’

written notice of any change of scheduled hours

except in the case of temporary changes. This

provision shall not prevent the Employer from

working employees overtime.

Employees employed after January 1, 1978,

shall work such hours as may be assigned by the

Employer provided they are not less than five (5)

hours a day and five (5) consecutive days a week

except for Guards as defined in this Agreement.

elevator operators and starters shall include two

twenty-minute (20-minute) relief periods each day

but shall exclude luncheon recess of not less than

forty-five (45) minutes or more than one (1) hour

each day.

Employees, other than those referred to in

the paragraph above, the majority of whose hours

fall between 7 P.M. and 6 A.M., shall receive a

fifteen-minute (15-minute) relief/lunch period. At

the option of the Employer, the employees who

work seven (7) hours or more per day shall, in

addition to their regular pay for scheduled hours,

receive either additional straight-time pay for onehalf (1/2) hour or be relieved one-half (1/2) hour

earlier. For those employees working six (6) hours

per day, they shall receive an additional twentyfive (25) minutes straight-time pay or be relieved

twenty-five (25) minutes earlier. For those

employees working five (5) hours per day, they

shall receive an additional fifteen (15) minutes

straight-time pay or be relieved fifteen (15)

minutes earlier. This change shall in no way affect

the overtime provisions of the contract, nor affect

the Employer’s right to reschedule hours to

provide necessary continuity of coverage.

(d) Where, through absenteeism, there

are insufficient employees to service the building,

the Employer may (1) request employees to work

additional time over and above their work

schedule on a voluntary basis or (2) employ

additional or extra employees to perform the work.

Additional time over and above the normal work

schedules shall not be mandatory unless the

Employer cannot satisfactorily fill the work

requirements on a voluntary basis. In such event,

work over and above the regular work schedule

shall be assigned in reverse order of seniority.

This paragraph (d) shall not apply to

employees in newly constructed buildings.

(e) Every employee shall be entitled to

two (2) consecutive days off in any seven (7) days,

and any work performed on such days shall be

considered overtime and paid for at the rate of time

and one-half.

(f) No employees shall have their

working hours reduced in order to effect

corresponding reductions in pay. This provision

shall not apply to relief employees.

3. The Employers in the industry shall

meet and confer with the Union to attempt to

reschedule employees’ quitting time to enable

groups of night workers, when practicable, to

leave work during times so that they can arrive

home safely. Upon failure to agree, the matter may

be referred to the RAB and the Union collective

bargaining committees for further discussion.

4. Employees who have a regular work

schedule that includes Saturday or Sunday as of

December 31, 2023, and are currently receiving

premium pay of time and one-half the regular

straight-time hourly rate of pay for work

performed on Saturday or Sunday shall continue

to receive that premium pay for work performed

on Saturday or Sunday as part of their regular

work schedule. New Employees and those not

presently assigned weekend work and receiving

weekend premium pay shall not be entitled to

premium pay for work performed on Saturday or

Sunday unless the employee is entitled to premium

pay pursuant to another provision of this

Agreement. Part-time employees will also receive

time and one-half the regular straight-time hourly

rate of pay for all work performed on Saturdays

and Sundays. If after January 1, 2024, the

Employer creates or fills five (5) days per week

positions that include regularly scheduled

weekend work as part of a forty (40) hour per week

schedule, employees in those positions will not be

entitled to premium pay for work performed on

Saturday or Sunday unless the employee is entitled

to a premium under a different provision of this

Agreement.

In determining whether an employee’s

work shift is to be considered as falling on

Saturday or Sunday, for this section, it is

understood that the meaning of Saturday or

Sunday work shall be the same as now applies or,

where there is no such practice, shall be based

upon the holiday premium pay practice.

5. Any employees called in to work by

the Employer for any time not consecutive with

their regular schedules shall be paid for at least

four (4) hours of overtime.

6. Employees required to work

overtime shall be paid at least one (1) hour at the

overtime rate, except for employees working

overtime due to absenteeism or lateness.

7. Any employee who has worked eight

(8) hours a day and is required to work at least four

(4) hours of overtime in that day shall be given a

$15.00 meal allowance.

8. Any employee classified as “other”

who substitutes for an absent “foreperson” for

more than four (4) hours shall receive the

“foreperson” wage rate for the entire shift.

Any employee who spends one full week or

more performing work in a higher-paying

category shall receive the higher rate of pay for

such service.

9. No overtime shall be given for

disciplinary purposes. An Employer shall not

require an employee to work an excessive amount

of overtime.

10. The Employer agrees to use its best

efforts to provide a minimum of sixteen (16) hours

off between shifts for its employees.

11. Each regularly assigned EAP

Coordinator, Fire Safety Director, and Assistant

and/or Deputy Fire Safety Director, appointed by

the Employer and certified by the Fire Department,

shall be paid one lump-sum bonus of $500.00 per

year on December 1 of each calendar year. This

shall not include a relief person or temporary

replacement.

The Employer shall have the right to

designate the EAP Coordinator, Fire Safety

Director, and Assistant and/or Deputy Fire Safety

Director.

ARTICLE XVIII

Superintendents

A. COVERAGE

This article shall apply only to Commercial

Building Superintendents who were previously

covered by a collective bargaining agreement

between Local 164, Service Employees

International Union, and their Employer(s).

B. WAGES AND HOURS

Effective January 1, 2024, Superintendents

covered by the Agreement shall receive a $24.00

weekly wage increase.

Effective January 1, 2025, Superintendents

covered by the Agreement shall receive a $44.00

weekly wage increase.

Effective January 1, 2026, Superintendents

covered by the Agreement shall receive a $47.00

weekly wage increase.

Effective January 1, 2027, Superintendents

covered by the Agreement shall receive a $50.00

weekly wage increase.

Minimum wage rates shall be increased

accordingly to reflect the above increases.

Cost of living increases, if any, granted to

employees under Article XVII of this Agreement

shall be granted to the Superintendents in the same

amounts and on the same effective date.

The Superintendent shall be entitled to two

(2) days off in each workweek, one of which shall

be Sunday, and any work performed on either of

these days shall be paid for at the rate of time and

one-half the regular straight-time rate for all hours

worked.

Saturday shall continue to be a premium

day, and any work performed on this day shall be

paid for at the rate of time and one-half the regular

straight-time hourly rate of pay.

C. WORKING CONDITIONS

1. Any replacement Superintendent

shall receive the contract wage, except where it

includes extra pay attributable to years of service,

special competence, or special consideration

beyond job requirements.

2. The Superintendent shall not be

required to:

(a) renew cables on elevators or build

block or hollow tile walls,

(b) run elevators except during relief

period, lunch period, and emergencies and except

that in any building employing three or fewer

employees during the daytime, exclusive of the

Superintendent, in which case the Superintendent

shall do all the duties that the Superintendent has

heretofore been accustomed to do,

building employing three employees or fewer

during the daytime, exclusive of the

Superintendent, in which case the Superintendent

should continue to do work the Superintendent has

heretofore performed,

(d) perform work on a scaffold that is

not directly over a roof or setback, or within the

building,

(e) perform work on the inside of any

fuel oil, pressure, or hermetically sealed tank,

(f) build cutting tables, machine stands,

or dress racks, or

(g) do any work that conflicts with State,

Federal, or Municipal laws.

3. The Superintendent shall not be

penalized or discriminated against for attending

arbitrations, hearings, or meetings, but this

privilege shall not be construed so as to interfere

with the orderly operation of the building.

4. There may be added to the duties of

the Superintendent more or less miscellaneous and

relief work for which the Superintendent’s

additional compensation distinguishes such

employee from other classes of workers on the

premises, subject to the grievance and arbitration

procedures provided herein.

5. The Arbitrator may consider

exceptional cases in which the Union claims that

excessive work or the utilization of unique skills

or painting is required of the Superintendent and

may relieve the Superintendent of, or require

additional compensation for, such excessive work.

6. No Superintendents leaving their

positions of their own accord shall be entitled to

accrued vacation allowance unless they have

given the Employer at least thirty (30) days’

written termination notice.

7. The Union may question the

propriety of the termination of the

Superintendent’s services and demand such

employee’s reinstatement or severance pay, if any,

as the case may be, by filing a grievance under

Article VII of this Agreement. The Arbitrator shall

give due consideration to the Superintendent’s

management responsibilities and to the need for

cooperation between the Superintendent and the

Employer.

8. No provision of this Agreement shall

be so construed as to reduce the wages or lower

the rate of pay of the Superintendent or to lower or

worsen the terms or conditions of the

Superintendent’s employment. This provision

shall not be so construed as to in any way prevent

the exercise by the Employer of its normal

management prerogatives to make changes in

equipment, schedules, shifts, number of

employees, and duties necessary and incident to

the operation, maintenance, and servicing of the

building not inconsistent with the letter or the

spirit of any other specific provision of this

Agreement.

9. Wherever a conflict may exist

between the 2012 Commercial Building

Agreement and terms of this article, the terms of

this article shall prevail.

ARTICLE XIX

Joint Industry Advancement Project

The Union and the RAB recognize that they

have a common interest in pursuing efforts that

will promote development and growth in the real

estate industry, as growth and development (1)

create a favorable business environment for real

estate industry employers and provide enhanced

job opportunities, (2) strengthen communities and

New York City’s economy, and (3) provide a path

for a viable future for New York City. The Union

and the RAB agree to establish this Joint Industry

Advancement Project to further their common

interest, upon the following terms:

1. The Project will be directed by ten

(10) directors, five (5) appointed by the Union and

five (5) appointed by the RAB. The board of

directors shall have two (2) cochairs, one

appointed by the Union and one appointed by the

RAB. The Directors may be replaced at will by the

respective appointing parties. Each party may

appoint alternate Directors.

2. The Board of Directors of the Project

shall meet at least quarterly, or more frequently if

the cochairs so direct. No action may be taken by

the Project except upon unanimous consent.

Voting shall be by blocks, where the five Unionappointed Directors collectively shall cast one

vote and the five (5) RAB-appointed Directors

collectively shall cast one vote.

3. The Project may hire employees and

contract for services, including accounting and

legal services, provided that no financial,

contractual, or other obligation may be incurred by

the Project except upon a vote of the Directors, as

provided in Paragraph 2.

4. The Union and the RAB may

contribute funds and/or provide assistance to the

Project upon such terms as are agreed to jointly by

the RAB and the Union.

5. The actions that the Project may

undertake shall include, without limitation,

monitoring of and/or involvement with issues of

mutual interest to the industry and the Union in

legislative, governmental, or regulatory forums, at

the local, state, or national level (“Mutual Issues”),

as well as education, research, advertising, and/or

publicity for the purpose of enhancing

development and growth of the real estate industry.

What is included in Mutual Issues shall be

discussed and defined by the parties. The parties

may add to or delete from the list of Mutual Issues

from time to time as they mutually agree.

6. Either in discussions among

Directors of the Project or otherwise, the Union

and the RAB commit to disclosing in good faith

their respective views and positions on issues of

importance to the real estate industry or the Union.

7. The Union and the RAB agree that

they shall refrain, insofar as practicable and except

as warranted by a change of circumstances, from

taking positions on issues contrary to the positions

taken by the Project.

8. To facilitate good faith coordination,

accountability, and transparency on Mutual Issues,

the RAB directors and the Union directors, shall

on an annual basis, on or before January 31 of each

year, report in writing to each other as to the

Mutual Issues they have worked on during the past

year, whether independently or together (the

“JTAP Report”). The parties shall exchange the

parties’ respective JTAP Reports prior to the first

quarterly meeting of the year and shall review

them together at that meeting, with the goals being

to identify better ways of working together and

transparently communicating with each other,

particularly where there are divergent viewpoints.

The JTAP Reports also shall be utilized to set the

Committee’s agenda for the coming year.

9. Neither party shall propose any

legislation or regulation (including, without

limitation, any amendment or revision to existing

legislation or regulation) on Mutual Issues to any

governmental body of any kind without having

given written notice to the other party of the

concepts on which such legislation or regulation is

based (“Legislative Concepts”). Such written

notice shall disclose the material details of the

Legislative Concepts. The Union’s notice shall be

sent to the President of the RAB, and the RAB’s

notice shall be sent to the President of the Union.

The parties shall discuss the Legislative Concepts

at the parties’ next scheduled quarterly meeting or

at a special meeting, which shall be requested at

least thirty (30) days before the legislation is

transmitted, orally or in writing, to any

governmental body. Notwithstanding the

foregoing, the parties intend that they will discuss

prospective Legislative Concepts before they

decide to transmit them to any governmental body

in order that they may solicit and endeavor to

accommodate the views of the other party.

10. This Project may be terminated by

either the RAB or the Union on thirty (30) days’

notice to the other party. Any assets or liabilities

of the Project at the time of termination shall be

allocated equally to the RAB and the Union.

ARTICLE XX

Terms of Agreement and Renewals

This Agreement shall be effective January

1, 2024, and shall continue in full force and effect

up to and including December 31, 2027.

With respect to Guards, this Agreement

shall be extended to April 30, 2028, but, except

where otherwise indicated, all economic terms

negotiated between the RAB and the Union in the

successor agreement to this contract shall be

retroactive to January 1, 2028, if the contract shall

so provide, or whatever date provided in the

contract for all other employees.

With respect to engineers and

Superintendents, this Agreement shall continue

until February 29, 2028, provided that in the event

of a strike by the Union upon the expiration of

either the RAB Commercial Building Agreement

or the RAB Contractors Agreement and prior to

February 29, 2028, engineers shall not assume or

perform the duties of nonengineering employees.

Upon the expiration date of this Agreement,

the same shall continue in full force and effect for

an extended period until a successor agreement

has been executed. During the extended period, all

terms and conditions shall be in effect and the

parties shall negotiate a successor agreement

retroactive to the expiration date. All provisions

and improvements in such successor agreements

shall be retroactive unless such agreements shall

otherwise provide.

In the event the parties are unable to agree

upon the terms of a successor Agreement, either

party, upon three (3) days’ written notice to the

other party, may cancel this Agreement. Such

cancellation shall not apply to Article XV for a

period of six (6) months after the expiration date

of the contract.

Sixty (60) days before said expiration date,

the parties shall enter into direct negotiations

looking toward a renewal agreement.

If, fifteen (15) days before this Agreement

expires, the parties shall not have been able to

agree upon the terms of a new agreement, both

parties will thereupon confer with the New York

State Employment Relations Board for the

purpose of conciliating their differences.

ARTICLE XXI

General Clauses

1. Differentials

Existing wage differentials among classes

of workers within a building shall be maintained.

It is recognized that wage differentials other than

those required herein may exist or arise because of

wages above the minima required by this

Agreement. No change in such differentials shall

be considered a violation of this Agreement unless

it appears that it results from an attempt to break

down the wage structure for the building.

Where employees possess considerable

mechanical or technical skill and devote more than

75% of their working time in the building to work

involving such skill, the wage rate shall be

determined by mutual agreement between the

Employer and the Union. Such employees shall

receive a wage of not less than ten ($10) dollars

per week above the contract minimum rate for a

handyperson.

If the Employer and the Union cannot agree

upon the rate of pay of such employees, or in cases

where an obvious inequity exists by reason of such

employees’ regular application of specialized

abilities in their work, the amount or correctness

of the differential may be determined by grievance

and/or arbitration.

Notwithstanding the above, it is understood

that licensed engineers covered under this

Agreement shall constitute a separate bargaining

unit and receive the same wages and benefits as

paid to engineers under the Realty Advisory Board

(RAB) Agreement covering licensed engineers in

New York City except that Pension, Health, Legal,

and Training Fund contributions shall continue to

be paid under the terms of this Agreement.

2. Pyramiding

There shall be no pyramiding of overtime

pay, sick pay, holiday pay, or any other premium

pay. If more than one of the aforesaid is applicable,

compensation shall be computed on the basis

giving the greatest amount.

3. Holidays

The following are the recognized contract

holidays:

CONTRACT HOLIDAY

2024 2025 2026 2027

New Year

Jan. 1 Jan. 1 Jan. 1 Jan. 1

Mon. Wed. Thurs. Fri.

Presidents’ Day

Feb. 19 Feb. 17 Feb. 16 Feb. 15

Mon. Mon. Mon. Mon.

Good Friday

Mar. 29 Apr. 18 Apr. 3 Mar. 26

Fri. Fri. Fri. Fri.

Memorial Day

May 27 May 26 May 25 May 31

Mon. Mon. Mon. Mon.

Independence Day

July 4 July 4 July 3 July 5

Thurs. Fri. Fri. Mon.

Labor Day

Sept. 2 Sept. 1 Sept. 7 Sept. 6

Mon. Mon. Mon. Mon.

Columbus Day

Oct. 14 Oct. 13 Oct. 12 Oct. 11

Mon. Mon. Mon. Mon.

Thanksgiving Day

Nov. 28 Nov. 27 Nov. 26 Nov. 25

Thurs. Thurs. Thurs. Thurs.

Day after Thanksgiving

Nov. 29 Nov. 28 Nov. 27 Nov. 26

Fri. Fri. Fri. Fri.

Christmas Day

Dec. 25 Dec. 25 Dec. 25 Dec. 24

Wed. Thurs. Fri. Fri.

ELECTIVE HOLIDAYS

2024 2025 2026 2027

Martin Luther King Jr. Day

Jan. 15 Jan. 20 Jan. 19 Jan. 18

Mon. Mon. Mon. Mon.

Eid al-Fitr

Apr. 10 Mar. 31 Mar. 20 Mar. 10

Wed. Mon. Fri. Wed.

Juneteenth

Jun. 19 Jun. 19 Jun. 19 Jun. 19

Wed. Thurs. Fri. Sat.

Yom Kippur

Oct. 12 Oct. 2 Sept. 21 Oct. 11

Sat. Thurs. Mon. Mon.

September 11 (Day of Remembrance)

Sept. 11 Sept. 11 Sept. 11 Sept. 11

Wed. Thurs. Fri. Sat.

Veterans Day

Nov. 11 Nov. 11 Nov. 11 Nov. 11

Mon. Tue. Wed. Thurs.

There shall be one additional holiday in

each contract year, which shall be Martin Luther

King Jr. Day, Eid al-Fitr, Juneteenth, Yom Kippur,

September 11 (Day of Remembrance), or Veterans

Day, or a personal day at the option of the

employee. Effective for holidays in calendar year

2021 and following, an Employer may treat

Martin Luther King Jr. Day as a contract holiday

and instead designate Columbus Day as an

elective holiday. The Employer may choose to

designate Martin Luther King Jr. Day as a contract

holiday by providing written notice to the Union

by December 31 for the following calendar year.

The personal day shall be scheduled in accordance

with Paragraphs (3) and (4) below.

In buildings where the major occupants are

operating on Good Friday and/or the day after

Thanksgiving, Lincoln’s Birthday and/or Veterans

Day may be substituted for such days provided

notice is given to the Union and the RAB on or

before March 1 of each year.

The Employer shall post a holiday schedule

on the bulletin board, and it shall remain posted

throughout the year.

Presidents’ Day, Good Friday, Columbus

Day, and the day after Thanksgiving may be

treated as personal days rather than fixed holidays

under the following conditions:

(1) Prior to February 1 each year, each

building may designate one or more such days as

a personal day upon written notice to the Union

and the employees. Failure to so designate shall be

deemed agreement to leave such days as fixed

holidays.

(2) Each building designating such days

as personal days may, upon thirty (30) days’

written notice to the Union and the employees,

change such designation and make the day a fixed

holiday. Employees who have received a personal

day for such holiday shall be employed on such

holiday at time and one-half.

(3) Employees entitled to personal days

may select such day or days off on five (5) days’

notice to the Employer, provided such selection

does not result in a reduction of employees in the

building below 75% of the normal work staff.

Such selection shall be made in accordance with

seniority.

(4) Employees entitled to personal days

who do not use such day or days in a calendar year

must use such day or days off during the first six

(6) months of the following year, provided,

however, that the Employer informs in writing

both the employee and the Union by January 31 of

such succeeding year that such days are available

and will be lost if not used prior to July 1 of that

year.

Employees shall receive their regular

straight-time hourly rates for the normal eighthour (8-hour) working day not worked and, if

required to work on a holiday, shall receive, in

addition to the pay above mentioned, premium pay

at the rate of time and one-half their regular

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straight-time hourly rate of pay for each hour

worked, with a minimum of four (4) hours

premium pay. Any employee who is required to

work on a holiday beyond eight (8) hours shall

continue to receive the compensation above

provided for holiday work, namely, pay at the

regular straight-time rate plus premium pay at time

and one-half the regular straight-time rate. Any

regular full-time employee ill in any payroll week

in which a holiday falls is entitled to holiday pay

or corresponding time off (meaning one (1) day) if

such employee worked at least one (1) day during

said payroll week.

Any regular full-time employee whose

regular day off, or one of whose regular days off,

falls on a holiday shall receive an additional day’s

pay therefore, or, at the option of the Employer, an

extra workday off within ten (10) days

immediately preceding or succeeding the holiday.

If the employee receives the extra day off before

the holiday and such employee’s employment is

terminated for any reason whatever, such

employee shall not be required to compensate the

Employer for that day.

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4. Voting Time

Any employee who is required to work on

Election Day and gives legal notice shall be

allowed two (2) hours off, such hours to be

designated by the Employer, while the polls are

open.

5. Personal Day

All employees shall receive a personal day

in each contract year. This personal day is in

addition to the holidays listed in Paragraph 3

above. The personal day shall be scheduled in

accordance with the following provision:

Employees may select such day off on five

(5) days’ notice to the Employer, provided such

selection does not result in a reduction of

employees in the building below 75% of the

normal work staff. Such selection shall be made in

accordance with seniority.

6. Schedules

Overtime and premium work shall be

evenly distributed so far as is compatible with the

efficient operation of the building, except where

Saturday or Sunday is a regular part of the

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workweek. Preference for premium work shall be

given to the regular full-time employees of the

building.

7. Relief Employees

Relief or part-time employees shall be paid

the same hourly rate as full-time employees in the

same occupational classification.

8. Method of Payment of Wages

All wages, including overtime, shall be paid

weekly in cash or by check, with an itemized

statement of payroll deductions.

If a regular payday falls on a holiday,

employees shall be paid on the day before.

Employees paid by check who work during

regular banking hours shall be given reasonable

time to cash their checks exclusive of their break

and lunch period. The Employer shall make

suitable arrangements at a convenient bank for

such check cashing.

In the event an Employer’s check to an

employee for wages is returned due to insufficient

funds on a bona fide basis twice within a year’s

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period, the Employer shall be required to pay all

employees by cash or certified check.

The Employer may require, at no cost to the

employee, that an employee’s check be

electronically deposited at the employee’s

designated bank, or a paycheck card may be

utilized. The Union shall be notified by the

Employer of this arrangement.

The Union recognizes that certain

employees and Employers desire to utilize a

biweekly payroll schedule. Employers recognize

that biweekly pay may create hardships for certain

employees. The parties have previously agreed to

create an industry-wide committee to study the

biweekly pay issue. The industry-wide committee

is now authorized to conduct pilot programs

instituting biweekly pay at any selected site(s)

where the Union and the Employer agree to

institute biweekly pay.

9. Seniority and Layoff

For purposes of layoff and recall, all

employees covered by this Agreement shall be

placed on building seniority lists based upon their

date of employment in the building and

department or job classification.

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In the event of layoff due to reduction of

force, the inverse order of departmental or job

classification seniority shall be followed, except as

provided in Termination Pay, General Clause 21,

with due consideration for efficiency and special

needs of a department.

In the event that an employee is assigned to

another job classification and there is a reduction

in force in that department or job classification, the

employee shall have the right to exercise total

building seniority to return to such employee’s

former department or job classification.

Nothing contained in this section shall be

construed in such a manner as to permit an

employee to bump a less senior employee working

for another Employer in the same building.

For all other purposes, seniority of an

employee shall be based upon total length of

service with the Employer or in the building,

whichever is greater. The seniority date for all

positions under the agreement shall be the date the

employee commenced working in the building for

the agent and/or owner regardless of whether there

is a collective bargaining agreement and

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regardless of the type of work performed by the

employee.

10. Replacements, Promotions, Vacancies,

Trial Periods, and Newly Hired

Employees

(a) In filling vacancies or newly created

positions in the bargaining unit, preference shall

be given to those employees already employed in

the building, based upon the employee’s seniority,

but training, ability, efficiency, past performance,

and professionalism within the commercial setting

shall also be considered.

All vacancies and newly created positions

shall be subject to a posting in the respective

building for a period of seven (7) calendar days so

that bargaining unit employees can express an

interest in filling the position. In buildings where

the Employer employs fifteen (15) or more

employees, if the filling of the initially posted

vacancy or newly created position causes another

vacancy, that vacancy shall be subject to a posting

in the respective building. Any subsequent

vacancy caused by the filling of a posted position

shall not be required to be posted before being

filled.

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Nothing contained in this section shall be

construed in such a manner as to entitle an

employee to fill a vacancy or newly created

position with another Employer in the same

building.

Anyone employed as a vacation

replacement, extra, or contingent with substantial

regularity for a period of four (4) months or more

shall receive preference for steady employment. If

a present employee cannot fill the job vacancy, the

Employer must fill the vacancy in accordance with

the other terms of this collective bargaining

agreement.

In the event that a new classification is

created in a building, the Employer shall negotiate

with the Union a wage rate for that classification.

There shall be a trial period for all newly

hired employees for ninety (90) calendar days.

(b) A New Hire employed in the “Guard”

or “Other” category shall be paid seventy-five

percent (75%) of the applicable minimum regular

hourly wage rate for the first twenty-one (21)

months of employment. Such employees shall be

paid eighty-five percent (85%) of the applicable

minimum regular hourly wage rate for the twenty

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second (22nd) through forty-second (42nd)

months of employment. Upon completion of fortytwo (42) months of employment, such employees

shall be paid the full minimum wage rate. For

purposes of this provision, twenty-one (21)

months of employment and forty-two (42) months

of employment shall include each month

(counting portions of a month in excess of fifteen

(15) days as a full month but excluding

employment as a vacation relief unless such

vacation relief work immediately precedes

permanent hire as noted in Section 13(b) below)

that a New Hire worked in the industry during the

twenty-four (24) months immediately preceding

the date of hire by the current employer.

Any employee who was employed in the

industry as of February 3, 1996, shall be

considered an “Experienced Employee.” An

Experienced Employee shall receive the full

minimum rate of pay from the date of hire.

There shall be no Employer contributions to

the Building Service Pension Fund on behalf of

any New Hire employed in the category of “Guard”

or “Other” during the first year of employment.

Employer contributions for employees described

above shall be required commencing on the first

day of the month following the employee’s

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completion of twelve (12) calendar months of

employment with the Employer, less the number

of calendar months (counting portions of a month

in excess of fifteen (15) days as a full month)

worked in the industry during the preceding two

(2) years (excluding employment as a vacation

relief unless such vacation relief work

immediately precedes permanent hire as noted in

Section 13(b) below).

There shall be no Employer contributions to

the Supplemental Retirement and Savings Fund on

behalf of any New Hire employed in the category

of “Guard” or “Other” during the first two (2)

years of employment. Employer contributions for

employees described above shall be required

commencing on the first day of the month

following the employee’s completion of twentyfour (24) calendar months of employment with the

Employer, less the number of calendar months

(counting portions of a month in excess of fifteen

(15) days as a full month) worked in the industry

during the preceding two (2) years (excluding

employment as a vacation relief unless such

vacation relief work immediately precedes

permanent hire as noted in Section 13(b) below).

Contributions to the Building Service

Pension Fund and SRSF shall commence after

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three (3) months of employment for employees

hired in job categories other than “Guard” and

“Other” and Experienced Employees (those

employed in the industry as of February 3, 1996).

No Experienced Employee may be

terminated or denied employment for the purpose

of discrimination on the basis of such employee’s

compensation and/or benefits. The Union may

grieve such discrimination in accordance with the

grievance and arbitration provisions of the

Agreement (Articles VII and VIII).

If the Arbitrator determines an Experienced

Employee has been terminated or denied

employment because of such discrimination, the

Arbitrator shall:

(1) In case of termination—reinstate the

Experienced Employee with full back pay and all

benefits retroactive to date of Experienced

Employee’s discharge.

(2) In case of failure to hire—if the

Arbitrator determines that an Experienced

Employee was not given preference for

employment absent good cause, the Arbitrator

shall direct the Employer to hire the Experienced

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Employee with full back pay and benefits

retroactive to date of denial of hire.

11. Recall

Any employee who has been employed for

one (1) year or more in the same building and who

is laid off shall have the right of recall, provided

that the period of layoff of such employee does not

exceed six (6) months. Recall rights apply to all

vacant, permanent positions and temporary

positions if it is expected that the temporary

position will last for a period of at least sixty (60)

days. Recall shall be in the reverse order of laidoff employees’ departmental seniority. The

Employer shall notify the last qualified laid-off

employee of any job vacancy by certified or

registered mail at such employee’s last known

address, and may also provide supplemental notice

by email and/or text message, of any job vacancy.

A copy of this notice shall be sent to the Union.

The employee shall then be given seven (7) days

from the date of mailing of the letter in which to

express in person or by registered or certified mail

a desire to accept the available job. In the event

any employee does not accept recall, successive

notice shall be sent to qualified employees until

the list of qualified employees is exhausted. Upon

reemployment, full seniority status, less period of

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layoff, shall be credited to the employee. Any

employee who received termination pay and is

subsequently rehired shall retain said termination

pay and, for purpose of future termination pay,

shall receive the difference between what the

employee has received and what the employee is

entitled to if terminated at a future date. Any

vacation monies paid shall be credited to the

Employer against the current vacation entitlement.

Further, in the event an Employer or agent has a

job vacancy in a building where there are no

qualified employees on layoff status, the

Employer or agent shall use its best efforts to fill

the job vacancy from qualified employees of the

Employer or agent who are on layoff status from

other buildings.

12. Leave of Absence and Pregnancy Leave

(a) Once during the term of this

Agreement, upon written application to the

Employer and the Union, a regular employee who

works five (5) days per week and at least five (5)

hours per day and has been employed in the

building for five (5) years or more shall be granted

a leave of absence for illness or injury not to

exceed six (6) months.

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The leave of absence outlined above is

subject to an extension not exceeding six (6)

months in the case of bona fide inability to work

whether or not covered by the New York State

Workers’ Compensation Law or New York State

Disability Benefits Law. When such employee is

physically and mentally able to resume work, that

employee shall, on one (1) week’s prior written

notice to the Employer, be then reemployed with

no seniority loss.

In cases involving on-the-job injuries,

employees who are on medical leave for more than

one (1) year may be entitled to return to their jobs

if there is good cause shown.

(b) Once during the term of this

Agreement, upon written application to the

Employer and the Union, a regular employee who

works five (5) days per week and at least five (5)

hours per day and has been employed in the

building for two (2) years but less than five (5)

years shall be granted a leave of absence for illness

or injury not to exceed one hundred twenty (120)

days. When such employee is physically and

mentally able to resume work, that employee shall,

on one (1) week’s prior written notice to the

Employer, be then reemployed with no seniority

loss.

113

workers’ compensation or disability shall continue

to be covered for health benefits without the

necessity of payment by the Employer in

accordance with Article XI, Paragraph A,

Subparagraph 1.

(d) In cases of pregnancy, it shall be

treated as any other disability suffered by an

employee in accordance with applicable law.

(e) In buildings where there are more

than three (3) employees, an employee shall be

entitled to a four-week leave of absence without

pay for paternity/maternity leave. The leave must

be taken immediately following the birth or

adoption of the child.

(f) Once every five (5) years, upon six

(6) weeks’ written application to the Employer, a

regular employee who works five (5) days per

week and at least five (5) hours per day and has

been employed at the building for five (5) years or

more shall be granted a leave of absence for

personal reasons not to exceed four (4) months.

Upon returning to work, the employee shall be

reemployed with no loss of seniority.

114

Any employee requesting a personal leave

of absence shall be covered for health benefits

during the period of the leave provided the

employee requests health coverage while on leave

of absence and pays the Employer in advance for

the cost of same.

Any time limitation with regard to the six

(6) weeks’ written application shall be waived in

cases where an emergency leave of absence is

required.

(g) Employers shall provide family

leave in accordance with the coverage and

requirements of the NYS Paid Family Leave

(“NYSPFL”) Law. Any Employer who is required

by law to comply with the provisions of the Family

and Medical Leave Act (FMLA) shall comply

with the requirements of said act. All leaves of

absence under Paragraphs (a), (b), (d), and (e) of

this section will run concurrently with applicable

FMLA leave, applicable NYSPFL leave, and/or

applicable State or City law leave requirements.

(h) The RAB will encourage its

members to cooperate in granting leaves of

absence for Union business.

115

13. Vacations and Vacation Relief

Employees

(a) Every employee with substantial

continuity in any building or by the same

Employer shall receive each year a vacation with

pay, as follows:

Employees who have worked:

6 Months 3 working days

1 Year 2 weeks

5 Years 3 weeks

15 Years 4 weeks

21 Years 21 working days

22 Years 22 working days

23 Years 23 working days

24 Years 24 working days

25 Years 5 weeks

Length of employment for vacation shall be

based upon the amount of vacation an employee

would be entitled to on September 15 of the year

in which the vacation is given, subject to grievance

and arbitration where the result is unreasonable.

Regularly employed part-time employees

shall receive proportionate vacation allowances

116

based on the average number of hours per week

they are employed.

Firepersons who have worked substantially

one (1) fire season in the same building or for the

same Employer, when laid off, shall be paid at

least three (3) days’ wages in lieu of vacation.

Firepersons who have been employed more

than one (1) full fire season in the same building

or by the same Employer shall be considered fulltime employees in computing vacation.

Regular days off and contract holidays

falling during the vacation period shall not be

counted. If a contract holiday falls during the

employee’s vacation period, the employee shall

receive an additional day’s pay therefore, or, at the

Employer’s option, an extra day off within ten (10)

days immediately preceding or succeeding the

vacation.

Vacation wages shall be paid prior to the

vacation period unless otherwise requested by the

employee, who is entitled to actual vacation and

who cannot instead be required to accept money.

Any Employer who fails to pay vacation

pay in accordance with this provision, where the

117

vacation has been regularly scheduled, shall pay

an additional two (2) days’ pay for each vacation

week due at that time.

When compatible with the proper operation

of the building, choice of vacation periods shall be

according to building seniority and confined to the

period beginning April 1 and ending September 15

of each year. These dates may be changed, and the

third vacation week may be taken at a separate

time by mutual agreement of the Employer and

employee.

The fourth and fifth week of vacation may,

at the Employer’s option, be scheduled, upon two

(2) weeks’ notice to the employee, for a week or

two weeks other than the period when such

employee takes the rest of the employee’s vacation.

Any employee leaving employment for any

reason shall be entitled to vacation accrual

allowance computed on such employee’s length of

service as provided in the vacation schedule based

on the elapsed period from the previous September

16 (or from the date of employment if later

employed) to the date of such employee’s leaving.

Any employee who has received a vacation during

the previous vacation period (April 1 through

September 15) and who leaves employment

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during the next vacation period under

circumstances that entitle such employee to

vacation accrual rights shall be entitled to full

vacation accrual allowances instead of on the basis

of the elapsed period from the previous September

16. Any employee who has received no vacation

and has worked at least six (6) months before

leaving employment shall be entitled to vacation

allowance equal to the vacation allowance

provided above.

No employee leaving a position voluntarily

shall be entitled to accrued vacation unless such

employee gives five (5) working days’ termination

notice.

Any Employer assuming this Agreement

shall be responsible for payment of vacation pay

and granting of vacations required under this

Agreement that may have accrued prior to the

Employer taking over the building less any

amounts paid or given for that vacation year. In the

event that the Employer terminates its employeremployee relationship under this Agreement and

the successor Employer does not have an

agreement with the Union providing for at least the

same vacation benefits, the Employer shall be

responsible for all accrued vacation benefits.

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(b) A person hired solely for the purpose

of relieving employees for vacation shall be paid

60% of the minimum applicable regular hourly

wage rate. Should a vacation relief employee

continue to be employed beyond five (5) months,

such employee shall be paid the wage rate of a

New Hire or Experienced Employee, as the case

may be. If a vacation replacement is hired for a

permanent position immediately after working as

a vacation replacement, such employee shall be

credited with time worked as a vacation

replacement toward completion of the forty-twomonth (42-month) period required to achieve the

full rate of pay under the “New Hires” provision.

In the event that the Arbitrator finds that an

Employer is using this rate as a subterfuge, such

Arbitrator may, among other remedies, award full

pay from the date of employment at the applicable

hiring rate.

During the five-month (5-month) vacation

relief period, no contribution to any Benefit Funds

shall be made for a vacation relief person, and

vacation relief persons are not eligible for 32BJ

Benefit Fund coverage during the five (5) month

vacation relief period, except that they are eligible

to participate in the Training Fund during the five

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(5) month vacation relief period, consistent with

Article XI, Section F(3) above (as revised herein).

14. Day of Rest

Each employee shall receive at least one (1)

full day of rest in every seven (7) days.

15. Uniforms and Other Apparel

Uniforms and work clothes, where they

have been required by the Employer or where

necessary for the job, shall be supplied and

maintained by the Employer. All uniforms shall be

appropriate for the season.

It is understood that where the Employer

does not require uniforms, the employees shall be

free to wear suitable clothing of their choice.

Employees doing outside work shall be furnished

with adequate wearing apparel for the purpose.

In buildings of 500,000 square feet or more,

the Employer shall be required to furnish uniforms

and work clothes.

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16. First Aid Kit

An adequate and complete first aid kit shall

be supplied and maintained by the Employer in a

place readily available to all employees.

17. Fire and Flood Call

Employees on fire and/or flood call shall be

reimbursed for all loss of personal effects incurred

in the line of duty.

18. Eyeglasses and Union Insignia

Employees may wear eyeglasses and the

Union insignia while on duty.

19. Bulletin Board

A bulletin board shall be furnished by the

Employer exclusively for Union announcements

and notices of meetings.

20. Sanitary Arrangements

Adequate sanitary arrangements shall be

maintained in every building, and individual

locker and key thereto, restroom key where

restroom is provided, and soap, towels, and

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washing facilities shall be furnished by the

Employer for all employees. The restroom and

locker room shall be for use of employees

servicing and maintaining the building.

21. Termination Pay

(a) In case of termination of

employment because of the employee’s physical

or mental inability to perform the employee’s

duties, or from reduction in force occurring for

reasons other than conversion of elevators to

automatic operations, such employee shall receive,

in addition to accrued vacation, termination pay

according to years of service in the building or

with the same owner, whichever is greater, as

follows:

Employees with Pay:

5 but less than 10 years 1 week’s wages

10 but less than 12 years 2 weeks’ wages

12 but less than 15 years 3 weeks’ wages

15 but less than 17 years 6 weeks’ wages

17 but less than 20 years 7 weeks’ wages

20 but less than 25 years 8 weeks’ wages

25 years or more 10 weeks’ wages

An employee physically or mentally unable

to perform the employee’s duties may resign and

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receive the above termination pay if the employee

submits a valid certification from the Social

Security Administration relating back to the date

such employee ceases working because of the

certified disability.

(b) In case of termination of employment

because of conversion of elevators to automatic

operation, the employee shall receive, in addition

to accrued vacation, termination pay according to

years of service in the building or with the same

Employer, whichever is greater, as follows:

Employees with Pay:

5 but less than 10 years 2 weeks’ wages

10 but less than 12 years 4 weeks’ wages

12 but less than 15 years 5 weeks’ wages

15 but less than 17 years 7 weeks’ wages

17 but less than 20 years 8 weeks’ wages

20 but less than 22 years 9 weeks’ wages

22 but less than 25 years 10 weeks’ wages

25 years or more 11 weeks’ wages

and resign where there has been a reduction in

force shall be determined by seniority (i.e.,

termination pay shall be offered to the most senior

employee, then to the next most senior employee,

and so on until accepted). If no employee accepts

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the offer, the least senior employee or employees

shall be terminated and shall receive any

applicable termination pay.

(d) “Week’s pay” in the above

paragraphs means the regular straight-time weekly

pay at the time of termination. If the Employer

offers part-time employment to the employee

entitled to termination pay for the period of such

employee’s full-time employment, and if the

employee accepts such part-time employment,

such employee shall be considered a new

employee for seniority purposes.

(e) Any employee accepting termination

pay who is rehired in the same building or with the

same Employer shall be considered a new

employee for all purposes except as provided in

the Recall Clause.

For the purposes of this section, sale or

transfer of a building shall not be considered a

termination of employment so long as the

employee or employees are hired by the purchaser

or transferee, in which case they shall retain their

building seniority for all purposes.

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22. Tools, Permits, Fines, and Legal

Assistance

All tools, of which the Superintendent shall

keep an accurate inventory, shall be supplied by

the Employer. The Employer shall continue to

maintain and replace any special tools or tools

damaged during ordinary performance of work but

shall not be obligated to replace “regular” tools if

lost or stolen.

The Employer shall bear the expense of

securing or renewing permits, licenses, or

certificates for specific equipment located on the

Employer’s premises and will pay fines and

employees’ applicable wages for required time

spent for the violation of any codes, ordinances,

administrative regulations, or statutes, except any

resulting from the employees’ gross negligence or

willful disobedience.

The Employer shall supply legal assistance

where required to employees who are served with

summons regarding building violations.

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23. Military Service

All statutes and valid regulations about

reinstatement and employment of veterans shall be

observed.

The Employers and the Union will

cooperate in effort to achieve the objectives of this

provision. They shall also consider the institution

of plans to provide training of employees to

improve their skills and to enter into employment

in the industry.

24. No Discrimination

(A) There shall be no discrimination

against any present or future employee by reason

of race, creed, color, age, disability, national origin,

sex, sexual orientation, gender identity,

pregnancy-related conditions, union membership,

marital status, or any characteristic protected by

law, including, but not limited to, claims made

pursuant to Title VII of the Civil Rights Act, the

Americans with Disabilities Act, 42 U.S.C. § 1981,

the Age Discrimination in Employment Act, the

Family and Medical Leave Act, the New York

State Human Rights Law, the New York City

Human Rights Code, the New Jersey Law Against

Discrimination, the New Jersey Conscientious

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Employee Protection Act, the Connecticut Fair

Employment Practices Act, or any other similar

laws, rules, or regulations. All such claims shall be

subject to the grievance and arbitration procedure

(Articles VII and VIII) as the sole and exclusive

remedy for violations, provided, however, that

nothing herein shall preclude the filing or

adjudication of any statutory claim at any time (i)

before the Equal Employment Opportunity

Commission (“EEOC”) or other similar agency

whose jurisdiction includes employment

discrimination claims or (ii) before the National

Labor Relations Board (“NLRB”). Nor shall an

employee be required to submit a claim involving

sexual harassment and/or sexual assault to

arbitration. Arbitrators shall apply appropriate

law in rendering decisions based upon claims of

discrimination.

(B) No-Discrimination Protocol

(1) Protocol1

1 The parties intend this provision to apply to all

collective bargaining agreements between them,

superseding the protocol language first incorporated in

the 2012 Commercial Building CBA and subsequently

updated CBAs.

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The parties to this Agreement, the Union

and the RAB, believe that it is in the best interests

of all involved—employees, members of the

Union, employers, the Union, the RAB, and the

public interest—to promptly, fairly, and

efficiently resolve claims of workplace

discrimination, harassment, and retaliation as

covered in the No Discrimination Clause of the

relevant collective bargaining agreement

(collectively, “Covered Claims”). Such Covered

Claims are very often intertwined with other

contractual disputes under this Agreement. The

RAB, on behalf of its members, maintains that it

is committed to refraining from unlawful

discrimination, harassment, and retaliation. The

Union maintains it will pursue its policy of

evaluating such Covered Claims and bringing

those Covered Claims to arbitration where

appropriate. To this end, the parties establish the

following system of mediation and arbitration

applicable to all such Covered Claims, provided

that nothing herein shall preclude the filing or

adjudication of any statutory claim at any time (i)

before the EEOC or other similar agency whose

jurisdiction includes employment discrimination

claims or (ii) before the NLRB. Nor shall an

employee be required to submit a claim involving

sexual harassment and/or sexual assault to

arbitration. The Union and the RAB want those

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covered by this Agreement and any individual

attorneys representing them to be aware of this

protocol.

(2) Mediation

(a) The Mediation Protocol set forth

below is mandatory for all Covered Claims.

(b) Whenever a Covered Claim is

brought alleging that an Employer has violated the

No Discrimination Clause (including, without

limitation, claims based on a statute relating to

workplace equal opportunities), whether such a

Covered Claim is made by the Union or by an

individual employee, notice shall be provided by

the party seeking to utilize this protocol of such a

Covered Claim (“Notice of Claim”) to the other

Parties (for purposes of this section, “Parties” shall

be defined as the Union, the RAB, the Employer,

and the affected employee(s)), and the matter shall

be submitted to mediation, absent prior resolution

through informal means. A Notice of Claim shall

be filed within the applicable statutory statute of

limitations, provided that if an employee has

timely filed such Covered Claim in a forum

provided for by statute, it will not be considered

time-barred. The Notice of Claim must be filed

with the administrator of the Office of the Contract

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Arbitrator (“OCA”), which currently has an

address of 370 Seventh Avenue, Suite 301, New

York, NY 10001.

Notice of Claim, the administrator of OCA shall

appoint a Mediator from the Mediation Panel

described below. All mediators on the panel shall

be attorneys with appropriate training and

experience in the conduct of mediations and

significant knowledge of employment

discrimination statutes. The Mediation Panel shall

be a distinct panel from the Contract Arbitrator

Panel (see 2022 Apartment Building CBA, Article

VI, Paragraph 8). A person listed on the Mediation

Panel will be removed when either the Union or

the RAB gives notice to the other party that such

person’s name shall be removed. A person may be

added to the Mediation Panel list upon mutual

agreement of the Union and the RAB. The Union

and the RAB mutually commit to appointing

mediators with appropriate skill and experience, as

they view mediation as the important step through

which many Covered Claims will be resolved.

(d) OCA shall appoint a Mediator from

the Mediation Panel. Such appointments shall be

made by a random selection (e.g., “spinning the

wheel”) of available panel members.

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(e) Within thirty (30) days of being

appointed, the Mediator shall notify the Parties of

the appointment and schedule a pre-mediation

conference (for the purposes of this paragraph and

the remainder of this section, “Parties” refers to

the bargaining unit member or Union asserting the

Covered Claim, the respondent/defendant

employer, and the RAB). At the conference, the

Parties shall discuss such matters as they deem

relevant to the mediation process, including

discovery. The Mediator shall have the authority,

after consulting with the Parties, to (1) schedule

dates for the exchange of information and position

statements prior to a mediation and (2) schedule a

date for mediation. Any disputes relating to the

issues to be mediated, the exchange of information

and position statements, and the date, place, and

time of the mediation and any in-person,

telephonic, or other meetings relating to the

mediation shall be decided by the Mediator. In the

event the Mediator concludes that there has not

been good faith compliance with a directive,

including directives as to the holding of

conferences and the conduct of discovery, the

Mediator may, after notice and an opportunity to

be heard, order appropriate remedies, including

monetary and other sanctions. Such remedies and

sanctions may be considered by the Arbitrator in a

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subsequent proceeding at the Arbitrator’s

discretion.

(f) The entire mediation process,

including any settlement terms proposed by the

Mediator, is a compromise negotiation for the

purposes of the Federal Rules of Evidence and the

New York rules of evidence.

(g) At the mediation, each party shall be

entitled to present witnesses and/or documentary

evidence. The Mediator shall be entitled to meet

separately with each party for the purpose of

exploring settlement.

(h) At the conclusion of the mediation,

the Mediator shall recommend settlement terms to

the Parties on request of any party. Neither party

shall be required to accept such a proposal.

(i) Mediation shall be completed before

the Covered Claim is arbitrated on the merits.

However, if the Union alleges the Covered Claim

of a violation of the No Discrimination Clause, the

Union may proceed directly to arbitration without

mediation if it so chooses.

(j) The fees of the Mediator shall be

split equally between the Union and the RAB. The

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Union and the RAB shall provide language

interpreters at their jointly shared cost.

(k) With respect to mediation of sexual

harassment and/or sexual assault claims, an

employee may terminate mediation upon written

notice to the other Parties no earlier than seventyfive (75) days after providing the Notice of Claim.

In the event that mediation has not been conducted

for seventy-five (75) days at the time the employee

files a claim in court, the Employer may request

that the court stay the action pending completion

of the seventy-five (75) days of mediation but may

not seek dismissal.

(3) Arbitration

(a) The undertakings described here

with respect to arbitration apply to those

circumstances in which the Union has declined to

arbitrate an employee’s individual employment

discrimination claim under the No Discrimination

Clause of the CBA, including statutory claims (i.e.,

a Covered Claim). The arbitration forum described

here will be available to employers and employees,

both those who are represented by counsel and

those who are not represented by counsel.

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(b) The Union and the RAB have

received and vetted from the American Arbitration

Association (“AAA”) a list of arbitrators who (1)

are attorneys and (2) are designated by the AAA

to decide employment discrimination cases. In the

event that arbitration of a Covered Claim based on

statutory discrimination in the circumstances

described in Paragraph A is sought by these parties,

the list of arbitrators provided by the AAA shall be

made available to the individual employee and the

RAB member employer by the administrator of

OCA. The manner by which selection is made by

the RAB member employer and the individual

employee and the extent to which each shall bear

responsibility for the costs of the Arbitrator shall

be decided between them. A person may be added

to or removed from the Statutory Arbitration Panel

list upon mutual agreement of the Union and the

RAB. Any such arbitration shall be conducted

pursuant to the AAA National Rules for

Employment Disputes, and any disputes about the

manner of proceeding or the interpretation of this

protocol or the AAA Rules shall be decided by the

Arbitrator selected.

may be held at the OCA offices without charge to

the parties; however, it is understood that OCA

shall not be a forum for the determination of the

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dispute as provided for in the collective bargaining

agreement, but, instead, will provide only the

services set out in Section (3) of this protocol.

(d) Neither the Union nor the RAB will

be a party to the arbitration described in this

Section (3), and the Arbitrator shall not have

authority to award relief that would require

amendment of the CBA or other agreement(s)

between the Union and the RAB or conflict with

any provision of any CBAs or such other

agreement(s). Any mediation and/or arbitration

outcome shall have no precedential value with

respect to the interpretation of the CBAs or other

agreement(s) between the Union and the RAB.

(4) Mandatory Written Notification

Before Union Members Attempt to Bring Any

Covered Claim in Court and Remedies for Failure

to Provide Notice

(a) The RAB and the Union have

established the foregoing protocol to provide

interested parties a means to rapidly resolve or

hear on the merits of Covered Claims fairly. To

make this system most effective, it is a mandatory

prerequisite before any bargaining unit member

attempts to file a Covered Claim in any court that

the bargaining unit member (personally or through

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bargaining unit member’s attorney) notify in

writing the RAB and the Employer that the

Employee is attempting to bypass the protocol

process. The notice required by this section (the

“Bypass Notice”) shall specify the Covered

Claim(s) alleged with sufficient detail, the court

where the action is to be filed, and the reason(s)

for attempting to bypass the protocol process.

(b) A copy of the Bypass Notice must be

sent to (a) the Employer and (b) the Realty

Advisory Board on Labor Relations, Inc., One

Penn Plaza, Suite 2110, New York, NY 10119.

Bypass Notice must be mailed by first-class

certified mail, return receipt requested, at least

sixty (60) days before the bargaining unit member

plans to commence a lawsuit in any court.

(d) Providing the Bypass Notice is a

condition precedent prior to bringing a Covered

Claim in any forum.

(e) Nothing contained in this protocol

will limit an Employer or the RAB’s remedies in

the event of a breach of the protocol or the CBA

by an individual asserting a Covered Claim.

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(5) Nothing contained within this

protocol shall require mediation or arbitration

where prohibited by law. With respect to any

Covered Claim that employees may not lawfully

be required to submit to mediation or arbitration,

employees may voluntarily submit such claims to

the foregoing mediation and/or arbitration

procedures.

the parties’ longstanding mutual commitment to

prevent harassment and discrimination in the

workplace, including discrimination based on sex,

gender, race, age, ethnicity, disability, sexual

orientation, gender identity, and any other legally

protected categories. To that end, and in effort to

implement the parties’ commitment, the parties

mandate that the Diversity and Respect

Committee (the “Committee”) meet to discuss the

prevention of discrimination and harassment in the

commercial building workplace, including

through training of employees to prevent sexual

and other forms of harassment, discrimination,

and retaliation in the workplace, and the

elimination of adverse treatment that is the product

of bias, whether conscious or unconscious. The

parties intend that the training shall be no less

extensive than that required by law (see, e.g., the

New York State law on training and other anti

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sexual harassment measures). The parties

recommend to the Trustees of the Thomas

Shortman Training, Scholarship and Safety Fund

(the “Fund”) that Fund staff and the Fund’s

Curriculum Committee develop and provide antiharassment, antidiscrimination, antibias, and antiretaliation training, including training related to

third-party conduct. Such training may be

coordinated with the Fund’s existing course

offerings. The parties recognize that other

entities—in addition to the Fund—will be engaged

to provide this training. The parties intend that the

curriculum and materials developed by the Fund

be made available to such other entities.

(2) The parties will continue the

Committee’s work: (i) to study recruitment and

retention issues for all underrepresented groups

and (ii) to seek the continued prevention of sexual

harassment in the commercial industry.

25. Placement/Employment Agency Fee

No employee shall be employed through a

fee-charging agency unless the Employer pays the

full fee.

In the event the Union shall establish a

Hiring Hall, upon sixty (60) days’ written notice

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to the RAB, the foregoing paragraph shall be

replaced with the following paragraph:

The Employer agrees that in the event it

shall require employees in the classifications of

employment covered by the Agreement, it shall

hire such employees from a Hiring Hall operated

by the Union. The Hiring Hall shall refer only

qualified applicants on the basis of their total

industry-wide seniority. In the event the Hiring

Hall is unable to supply satisfactory applicants to

the Employer within three (3) working days

following the request, the Employer shall be free

to hire in the open market. The facilities of the

Hiring Hall operated by the Union shall be made

available to both members and nonmembers of the

Union. The Union warrants that in the operation of

said Hiring Hall and in referrals to the Employer,

it will not discriminate against any individual

applicant for employment.

26. Employees’ Rooms

Any employee occupying a room or

apartment on the Employer’s property may be

charged a reasonable rental therefore, unless such

occupancy is a condition of employment, in which

case no rent shall be charged.

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If the Employer terminates the services of

an employee occupying living space in the

building, the Employer shall give the employee

thirty (30) days’ written notice to vacate, except

where there is a discharge for a serious breach of

the employment contract.

27. Definitions

Elevator Starter – chief responsibility is to

direct elevator operations and traffic in the

building and does not normally operate an elevator.

Handyperson – possesses a certain amount

of mechanical or technical skill and devotes more

than fifty percent (50%) of working time in a

building to work involving such skill.

Foreperson – differs from a porter or

cleaning person in that the main responsibility is

to direct cleaning operations.

Guard – an employee whose function is to

enforce rules to protect the property of the

Employer or to protect the safety of persons on the

Employer’s premises and whose duties shall not

include the work performed under any other job

classification covered in this Agreement.

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Others include elevator operators, porters,

porter/watchpersons, cleaning persons, security

porters, fire safety directors, exterminators, and all

other service employees employed in the building

under the jurisdiction of the Union except those

other classifications specified above.

A “regular full-time employee,” unless

otherwise specified, shall be defined as one who is

regularly scheduled to work at least five (5) days

per week and at least five (5) hours per day.

All reference to the male or female gender

shall be deemed gender-neutral.

28. Required Training Programs

The Employer shall compensate any

employee now employed in a building for any time

required for the employee to attend any instruction

or training program in connection with the

securing of any license, permit, or certificate

required by the Employer for the performance of

duties in the building. Time spent shall be

considered time worked for the purpose of

computing overtime pay.

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29. Health, Safety, and HERO Act

(a) The Employer shall continue to

provide safe and healthy working conditions. The

RAB and the Union will create a committee to

study environmentally conscious best work

practices. The RAB and the Union shall establish

a joint labor-management committee on building

safety and security. The committee shall meet at

least quarterly to discuss security and safety

procedures; training for building staff; contracting

protocols; integration with fire, police, and other

emergency professionals; and other steps designed

to maximize tenant and employee safety.

(b) On May 5, 2021, the New York

Health and Essential Rights Act, Senate Bill

1034B (“S1034B”), amending the New York

Labor Law to include provisions on prevention of

airborne infectious disease, was signed into law.

On July 12, 2021, the parties executed a

Memorandum of Agreement (“HERO Act MOA”)

on this topic. The parties agreed, and continue to

agree, that the HERO Act MOA would apply to

the 2020 RAB Commercial Building Agreement,

the 2020 Contractors Agreement, the 2018

Apartment Building Agreement, the 2018

Resident Managers and Superintendents

Agreement, the 2018 Long Island Apartment

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Building Agreement, the 2021 Security Officers

Agreement, and the 2021 RAB Window Cleaners

Agreement (collectively, the “Agreements”).

Consistent with the HERO Act MOA, the parties

agree to implement the following to ensure a safe

and healthy workplace for industry employees:

1. In the event the HERO Act is once

again triggered, the parties agree to adopt an

airborne infectious disease exposure prevention

plan no later than sixty (60) calendar days from the

triggering of the HERO Act, by either adopting the

model standard promulgated by the Commissioner

of the Department of Labor in consultation with

the Department of Health or establishing an

alternative plan that is comparable to or better than

the minimum standards provided by the model

standard. The RAB and the Union agree that an

Employer’s adoption of the model standard

relevant to them shall satisfy that Employer’s

obligation to adopt an airborne infectious disease

exposure prevention plan. Any Employer seeking

to adopt an alternative plan that is comparable to

or better than the model plan shall submit such

plan to the RAB and the Union at least fourteen

(14) days prior to the proposed effective date of

such alternative plan, and if neither the RAB nor

the Union objects to such plan, in writing, within

the fourteen-day (14-day) period, such alternative

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plan will satisfy the Employer’s obligation to

adopt an airborne infectious disease exposure

prevention plan.

2. The RAB, Employers, and the Union

agree to establish joint labor-management

workplace safety committees. The workplace

safety committees will be organized by the

Employer, except where the parties mutually agree

that another format is acceptable. The workplace

safety committees shall comprise Employer

representatives, selected in consultation with the

RAB, Union representatives, and bargaining unit

employee representatives as the Union may

designate. The workplace safety committees shall

meet as needed, upon the request of either the

Employer or the Union, at such times and in such

manner as the Employer, the RAB, and the Union

may deem reasonable and proper. Each workplace

safety committee so established will have the

ability, consistent with S1034B, to (a) raise health

and safety concerns, hazards, complaints, and

violations to the Employer; (b) review any policy

or procedures put in place in the workplace

concerning workplace safety; (c) participate in any

site visit by any governmental agency responsible

for enforcing safety and health standards in a

manner consistent with applicable law; (d) review

relevant reports filed by the Employer related to

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the health and safety of the workplace in a manner

consistent with applicable law; and (e) discuss

training and equipment needs, including personal

protective equipment. Meetings shall occur during

work hours and shall be scheduled within two (2)

weeks of either party requesting the meeting,

provided that in the event that there is an urgent

health and safety issue or other urgent operational

issue in connection with the exposure prevention

plan, the parties shall make their best efforts to

meet on an expedited basis. Upon agreement by

the parties, commonly owned, commonly

managed buildings that are subject to one of the

above-referenced Agreements may form a

workplace safety committee that covers all or

some of the commonly owned, commonly

managed buildings. Established workplace safety

committees may make reports and

recommendations to the Employer, as necessary,

concerning the above and other matters covered by

S1034B within their responsibility to the

Employer as may be appropriate.

3. The RAB, on behalf of its members,

and the Union agree that the benefits provided

under the Agreements, this section, and the HERO

Act MOA are comparable to or better than those

provided under S1034B, enacted under N.Y.

Labor Law Sections 27-d and 218-b, and,

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therefore, pursuant to N.Y. Labor Law § 27-d (7)

and N.Y. Labor Law Section 218-b (9), the

provisions of S1034B are waived with regard to

these parties and to the extent not precluded by

those laws with regard to other parties. The parties

further agree that any dispute arising out of or

relating to airborne infectious disease exposure

prevention, including, without limitation, the

implementation of the HERO Act MOA, shall be

resolved through the grievance and arbitration

process set forth in this Agreement, as the sole and

exclusive process for resolution of such disputes.

Any grievance alleging a violation of the

Employer’s exposure prevention plan that creates

a substantial probability that serious physical harm

or death could result from a condition that exists,

or from one or more practices, means, methods,

operations, or processes that have been adopted or

are in use by the Employer, at the work site, shall

be submitted to expedited arbitration within three

(3) business days of an arbitration demand.

4. During the period of time prior to

any requirement by the Department of Labor or

Department of Health that the Employer

implement its exposure prevention plan,

Employers shall follow the joint guidelines

developed by the RAB, Local 32BJ, and the Real

Estate Board of New York, as they may be revised,

147

with respect to personal protective equipment,

social distancing, and other practices to reduce the

risk of COVID-19 exposures and/or transmissions.

30. Garnishments

No employee shall be discharged or laid off

because of the service of an income execution,

unless in accordance with applicable law.

31. Death in Family

A regular employee with at least one (1)

year of employment in the building shall not be

required to work for a maximum of three (3) days

immediately following the death of a parent,

brother, sister, spouse, or child and shall be paid

regular, straight-time wages for any such three (3)

days on which such employee was regularly

scheduled to work, or entitled to holiday pay.

With respect to grandparents, the Employer

shall grant a paid day off on the day of the funeral

if such day is a regularly scheduled workday.

32. Union Visitation

Any business agent or other duly authorized

representative of the Union shall have access to the

148

buildings or sites where Union members are

employed to determine whether the terms of this

Agreement are being complied with. Access shall

be granted only if there is prior notice to the

Employer and such access does not interfere with

the work being performed at the building.

33. Jury Duty

Employees who are required to qualify or

serve on juries shall receive the difference

between their regular rate of pay and the amount

they receive for serving on said jury, with a

maximum of three (3) weeks in any calendar year.

Pending receipt of the jury duty pay, the

Employer shall pay the employee’s regular pay on

such employee’s scheduled payday. As soon as the

employee receives the jury duty pay, the employee

shall reimburse the Employer by signing the jury

paycheck over to the Employer.

Employees who serve on a jury shall not be

required to work any shift during such day. If an

employee is a weekend employee and assigned to

jury duty, such employee shall not be required to

work the weekend.

149

In order to receive jury duty pay, the

employee must notify the Employer at least two (2)

weeks before the employee is scheduled to serve.

If less notice is given by the employee, the

notice provision regarding change in shift shall not

apply.

34. Identification

Employees may be required to carry with

them and exhibit proof of employment on the

premises.

35. Service Center Visit

Every full-time employee who has been

employed in the building for one (1) year or more

shall be entitled, upon one (1) week’s notice to the

Employer, to take one (1) day off in each calendar

year at straight-time pay to visit the office of any

one of the 32BJ Benefit Funds for the purpose of

conducting business at the Benefit Funds office or

to visit an employee’s personal physician.

Such employee shall receive an additional

one (1) day off with pay to visit the Benefit Funds

office or to visit the employee’s personal

physician’s office if such office requires such a

150

visit. If the additional day is to visit a personal

physician, the Employer can request, and the

employee must provide, a HIPAA-compliant

release (to be developed by the Health Fund)

sufficient to provide proof that the employee

visited the personal physician at the physician’s

request for this additional one (1) day.

In the event that an employee chooses to

visit any one of the Benefit Fund offices after

having used up the entitlement pursuant to the

above two (2) paragraphs, such employee may use

any unused sick days for that purpose.

To receive payment for such day(s), the

employee shall exhibit a signed statement from the

Benefit Fund office.

36. Automation Employment Pool

The President or Vice President of the

Union and the Executive Vice President of the

RAB, or a designee thereof, may constitute a

committee to formulate and effectuate a plan for

providing employment in the industry for

employees represented by the Union with long

service who have lost their jobs because of

conversion to automatic elevators or other

mechanical devices at a time when they are

151

approaching the age and service requirements to

become eligible for pension benefits.

This committee may arrange to list such

employees in a special “Automation Employment

Pool,” giving preference for employment, to the

extent practicable, in the order of their

requirements for pension benefit to fill an

available vacancy consistent with physical and/or

mental ability and the necessary experience. The

committee may, to the fullest extent possible,

obtain and keep current information as to

vacancies in employment and of new jobs

available in RAB member buildings covered by

this Agreement.

The committee may also consider the

institution of plans to provide training of

employees to improve their skills and to enter into

employment in the industry.

The Employer and the Union will cooperate

with the committee in its effort to achieve the

objectives of this provision.

37. Death of Employee

If any employee dies after becoming

entitled to, but before receiving, any wage or pay

152

hereunder, it shall be paid to such employee’s

estate, or pursuant to Section 1310 of the New

York Surrogate’s Court Procedure Act, unless

otherwise provided herein. This shall not apply to

benefits under Article XI, where the rules and

regulations of the Health and Pension Fund shall

govern.

38. Government Decrees

If, because of legislation, governmental

decree, or order, any increase or benefit herein

provided is in any way blocked, frustrated,

impeded, or diminished, the Union may upon ten

(10) days’ notice require negotiation between the

parties to take such measures and reach such

revisions in the contract as may legally provide

substitute benefits and improvements for the

employees, at no greater cost to the Employers. If

they cannot agree, the dispute shall be submitted

to the Arbitrator.

In the event that any provision of this

contract requires approval of any government

agency, the RAB shall cooperate with the Union

with respect thereto.

153

39. Weather Conditions

Where extreme cold or hot weather causes

hardship to the employee in the performance of such

employee’s normal duties, the Union has the right to

request the Employer to revise work schedules so as

to give the employee such advantage of retained heat

or cold as may be compatible with the efficient

operation of the building.

40. Common Disaster

There shall be no loss of pay as a result of

any Act of God or common disaster causing the

shutdown of all or virtually all public

transportation in the City of New York, making it

impossible for employees to report for work, or

where the Mayor of the City of New York or the

Governor of the State of New York directs the

citizens of the City not to report for work. The

Employer shall not be liable for loss of pay of

more than the first full day affected by such Act of

God or common disaster. Employees necessary to

maintain the safety or security of the building shall

be paid only if they have no reasonable way to

report to work, and employees refusing the

Employer’s offer of alternate transportation shall

not qualify for such pay. The term “public

154

transportation” as used herein shall include

subways and buses.

41. Transportation Costs

The RAB will encourage its members to

adopt a qualified transportation fringe benefit

program pursuant to which employees may pay for

certain qualified transportation costs (e.g., transit

passes, qualified parking) on a pretax basis, to the

extent permitted by law. The RAB will make

information available to its members that is

necessary to assist them in adoption and

implementation of the program.

42. Cuspidors

Employees will not be required to clean

cuspidors.

43. Security Background Checks

All employees shall be subject to security

background checks at any time. The Employer

shall pay all costs of any security background

checks, including preemployment checks. All

security background checks shall be confidential

and may be disclosed only as required by law or

on a business need-to-know basis and/or to the

155

Union as necessary for the administering of this

Agreement.

An employee shall cooperate with an

Employer as necessary for obtaining security

background checks. Any employee who refuses to

cooperate shall be subject to termination.

Employees who fail such security background

check shall be subject to termination.

For the purpose of this provision, just cause

to terminate an employee who has failed a security

background check exists only if it is established

that one or more of the findings of the background

security check is directly related to such

employee’s job functions or responsibilities, or

that the continuation of employment would

involve an unreasonable risk to property or to the

safety or welfare of specific individuals or the

general public or constitute a violation of any

applicable governmental rule or regulation. If the

customer determines that the employee has failed

a security background check but the Employer

lacks cause for termination under this provision,

the terms of Article IV, Section 4 shall apply.

156

44. Work Authorization and Status

Disputes

The parties recognize that questions

involving an employee’s work status or personal

information may arise during the course of such

employee’s employment and that errors in an

employee’s documentation may be due to mistake

or circumstances beyond an employee’s control.

The parties agree to attempt to minimize the

impact of such issues on both the affected

employees and employers by working together to

fairly resolve such issues while complying with all

applicable laws.

45. Veteran Assistance Program

The parties recognize that making a

successful transition from the military into the

civilian workforce can be challenging. Out of

respect for those serving in the military and in

acknowledgment of the tremendous skills they can

bring to the workforce, the parties shall create a

committee tasked with assisting veterans in this

transition. These efforts shall include, but not be

limited to, (i) increasing the industry’s

advertising/recruitment efforts to encourage

veterans to apply for jobs within the industry, (ii)

communicating with the industry about the

157

numerous benefits associated with hiring veterans,

and (iii) providing newly hired veterans with

access to training through classes to be created by

the Thomas Shortman School aimed at easing the

transition to the civilian workforce and teaching

the requisite skills.

46. Saving Clause

If any provision of this Agreement shall be

held illegal or of no legal effect, it shall be deemed

null and void without affecting the obligations of

the balance of this Agreement.

Both parties agree to construe any

provisions held to be contrary to law as closely to

their bargained-for purpose permissible by law

and to agree on a revised draft of such provisions

that, as close as legally possible, mirrors and/or

achieves the purpose of such an invalidated or

unenforceable provision.

47. Complete Agreement

This Agreement constitutes the full

understanding between the parties, and, except as

they may otherwise agree, there shall be no

demand by either party for the negotiation or

158

renegotiation of any matter covered or not covered

by the provisions hereof.

48. Notices

All notices required by this Agreement to

be mailed to the Union shall be mailed to the

attention of the Director of the NYC Commercial

Division.

49. Wage and Hour Claims

Subject to the principles set forth below, the

Employee and the Union agree that in the event

that an Employee (on behalf of the Employee

and/or others) asserts statutory wage and hour

claim(s) against the Employer(s), including claims

for unpaid minimum wages and/or overtime pay,

prior to the filing of any such claim(s) in court, the

Employer and Employee shall engage in

mandatory mediation to attempt to narrow or

resolve the claim(s). The RAB and the Union

agree to establish a mediation process for handling

such claims. The following principles shall apply:

(a) The Employee(s) must initiate

mediation by written notice to the Employer, or

the Employer must initiate mediation by written

159

notice to the Employee(s) and Employee’s or

Employees’ counsel, as appropriate.

(b) Initiation of mediation shall be

required only of Employees who are (or who will

seek to be) plaintiffs in an individual or multiplaintiff action or named or representative

plaintiffs in a putative class and/or collective

action. Employees who are not (and will not seek

to be) named or representative plaintiffs (e.g., who

are merely putative class or collective action

members) are not required to initiate mediation in

connection with this section; however, the

Employees’ claims will be a subject of the

mediation process described in this section.

mediating parties, at any time following ninety (90)

days after the initiation of the mediation process,

either the Employer or the Employee(s) may

terminate mediation by written notice to the other

side, and, in that event, no further mediation effort

shall be required by this Agreement.

(d) In the event that Employee(s) initiate

litigation in a judicial forum on the Employee’s or

Employees’ wage and hour claims without first

submitting to the mediation process described in

this section and the Employer seeks to enforce the

160

requirements of this paragraph, the Employer shall

not seek dismissal of the judicial action but may

seek to have the action stayed pending the

completion of the mediation provided for herein.

(e) The parties do not intend an

Employee’s substantive or recovery rights or any

Employer defenses to be limited by virtue of the

terms of this mediation process. Hence, during the

pendency of the mediation process, any statutes of

limitations and/or filing periods shall be tolled,

and recovery of appropriate damages shall be

permitted for all time periods during which

mediation is occurring or has occurred. To the

extent that the tolling described in this paragraph

is deemed legally ineffective, and without

conceding that any recovery is appropriate, the

Employee(s) shall have the contractual right to

seek recovery for any time period(s) that would

have been tolled without having to exhaust the

grievance and arbitration procedures set forth in

this Agreement.

(f) The RAB and the Union shall

provide affected Employee(s) and the Employee’s

or Employees’ Employer(s) with a list of

mediators who will be available to conduct the

mediation. The Mediator’s fees shall be paid for

by the RAB and the Union in equal shares. The

161

parties shall be free to use another mediator of the

parties’ own choosing but, in that event, shall bear

the costs of mediation as they determine.

(g) The conduct of the mediation shall be

confidential, and the rules of evidence pertaining to

privileges related to settlement discussions shall

apply to communications in mediation.

(h) Any agreement reached in mediation

shall not alter the collective bargaining agreement

or affect the contractual rights of employees who

are not parties to that agreement.

ARTICLE XXII

New Development

The Union and the RAB recognize (1) that

real estate development strengthens communities

and enhances New York’s economy, (2) that the

economics of developments are complex and not

uniform, and (3) that successful development is

important to all stakeholders and to the people of the

City of New York. Therefore, the parties shall

establish a sitting New Development Committee

whose members shall determine, on a project-byproject basis, wage and benefit standards that

accord with the needs of the parties and are

consistent with applicable law for employees in

162

newly constructed buildings. Any such standards

shall be determined only upon the mutual

agreement of the Union and the RAB. Any action

or inaction of the committee shall not be reviewable

in any forum. The committee shall comprise an

equal number of persons appointed by the President

of the Union and the President of the RAB.

IN WITNESS WHEREOF, the parties have

hereunto set their. hands and seals the day and year

first above written.

REALTY ADVISORY BOARD

ON LABOR RELATIONS INCORPORATED

Howard I. Rothschild

President

SERVICE EMPLOYEES INTERNATIONAL

UNION LOCAL 32BJ

Manny Pastreich

President

163

MINIMUM WAGE RATES

JANUARY 1, 2024–DECEMBER 31, 2024

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 32.698 49.047 261.584 1,307.92

Forepersons 32.5855 48.87825 260.684 1,303.42

Starters 32.5855 48.87825 260.684 1,303.42

Others 29.973 44.9595 239.784 1,198.92

Guards* 28.516 42.774 228.128 1,140.64

Class B

Handypersons 32.667 49.0005 261.336 1,306.68

Forepersons 32.5545 48.83175 260.436 1,302.18

Starters 32.5545 48.83175 260.436 1,302.18

Others 29.942 44.913 239.536 1,197.68

Guards* 28.516 42.774 228.128 1,140.64

Class C

Handypersons 32.623 48.9345 260.984 1,304.92

Forepersons 32.5105 48.76575 260.084 1,300.42

Starters 32.5105 48.76575 260.084 1,300.42

Others 29.898 44.847 239.184 1,195.92

Guards* 28.516 42.774 228.128 1,140.64

164

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 32.648 48.972 261.184 1,305.92

Forepersons 32.5545 48.83175 260.436 1,302.18

Starters 32.5545 48.83175 260.436 1,302.18

Others 29.942 44.913 239.536 1,197.68

Guards* 28.516 42.774 228.128 1,140.64

Class B

Handypersons 32.575 48.8625 260.60 1,303.00

Forepersons 32.5055 48.75825 260.044 1,300.22

Starters 32.5055 48.75825 260.044 1,300.22

Others 29.893 44.8395 239.144 1,195.72

Guards* 28.516 42.774 228.128 1,140.64

Class C

Handypersons 32.452 48.678 259.616 1,298.08

Forepersons 32.3645 48.54675 258.916 1,294.58

Starters 32.3645 48.54675 258.916 1,294.58

Others 29.852 44.778 238.816 1,194.08

Guards* 28.516 42.774 228.128 1,140.64

*Guards hired prior to January 1, 1978, shall receive the rate of

“Others.”

165

MINIMUM WAGE RATES

JANUARY 1, 2025–DECEMBER 31, 2025

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 33.748 50.622 269.984 1,349.92

Forepersons 33.6355 50.45325 269.084 1,345.42

Starters 33.6355 50.45325 269.084 1,345.42

Others 30.973 46.4595 247.784 1,238.92

Guards* 29.516 44.274 236.128 1,180.64

Class B

Handypersons 33.717 50.5755 269.736 1,348.68

Forepersons 33.6045 50.40675 268.836 1,344.18

Starters 33.6045 50.40675 268.836 1,344.18

Others 30.942 46.413 247.536 1,237.68

Guards* 29.516 44.274 236.128 1,180.64

Class C

Handypersons 33.673 50.5095 269.384 1,346.92

Forepersons 33.5605 50.34075 268.484 1,342.42

Starters 33.5605 50.34075 268.484 1,342.42

Others 30.898 46.347 247.184 1,235.92

Guards* 29.516 44.274 236.128 1,180.64

166

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 33.698 50.547 269.584 1,347.92

Forepersons 33.6045 50.40675 268.836 1,344.18

Starters 33.6045 50.40675 268.836 1,344.18

Others 30.942 46.413 247.536 1,237.68

Guards* 29.516 44.274 236.128 1,180.64

Class B

Handypersons 33.625 50.4375 269.00 1,345.00

Forepersons 33.5555 50.33325 268.444 1,342.22

Starters 33.5555 50.33325 268.444 1,342.22

Others 30.893 46.3395 247.144 1,235.72

Guards* 29.516 44.274 236.128 1,180.64

Class C

Handypersons 33.502 50.253 268.016 1,340.08

Forepersons 33.4145 50.12175 267.316 1,336.58

Starters 33.4145 50.12175 267.316 1,336.58

Others 30.852 46.278 246.816 1,234.08

Guards* 29.516 44.274 236.128 1,180.64

*Guards hired prior to January 1, 1978, shall receive the rate of

“Others.”

167

MINIMUM WAGE RATES

JANUARY 1, 2026–DECEMBER 31, 2026

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 34.873 52.3095 278.984 1,394.92

Forepersons 34.7605 52.14075 278.084 1,390.42

Starters 34.7605 52.14075 278.084 1,390.42

Others 32.048 48.072 256.384 1,281.92

Guards* 30.591 45.8865 244.728 1,223.64

Class B

Handypersons 34.842 52.263 278.736 1,393.68

Forepersons 34.7295 52.09425 277.836 1,389.18

Starters 34.7295 52.09425 277.836 1,389.18

Others 32.017 48.0255 256.136 1,280.68

Guards* 30.591 45.8865 244.728 1,223.64

Class C

Handypersons 34.798 52.197 278.384 1,391.92

Forepersons 34.6855 52.02825 277.484 1,387.42

Starters 34.6855 52.02825 277.484 1,387.42

Others 31.973 47.9595 255.784 1,278.92

Guards* 30.591 45.8865 244.728 1,223.64

168

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 34.823 52.2345 278.584 1,392.92

Forepersons 34.7295 52.09425 277.836 1,389.18

Starters 34.7295 52.09425 277.836 1,389.18

Others 32.017 48.0255 256.136 1,280.68

Guards* 30.591 45.8865 244.728 1,223.64

Class B

Handypersons 34.750 52.125 278.00 1,390.00

Forepersons 34.6805 52.02075 277.444 1,387.22

Starters 34.6805 52.02075 277.444 1,387.22

Others 31.968 47.952 255.744 1,278.72

Guards* 30.591 45.8865 244.728 1,223.64

Class C

Handypersons 34.627 51.9405 277.016 1,385.08

Forepersons 34.5395 51.80925 276.316 1,381.58

Starters 34.5395 51.80925 276.316 1,381.58

Others 31.927 47.8905 255.416 1,277.08

Guards* 30.591 45.8865 244.728 1,223.64

*Guards hired prior to January 1, 1978, shall receive the rate of

“Others.”

169

MINIMUM WAGE RATES

JANUARY 1, 2027–DECEMBER 31, 2027

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 36.073 54.1095 288.584 1,442.92

Forepersons 35.9605 53.94075 287.684 1,438.42

Starters 35.9605 53.94075 287.684 1,438.42

Others 33.198 49.797 265.584 1,327.92

Guards* 31.741 47.6115 253.928 1,269.64

Class B

Handypersons 36.042 54.063 288.336 1,441.68

Forepersons 35.9295 53.89425 287.436 1,437.18

Starters 35.9295 53.89425 287.436 1,437.18

Others 33.167 49.7505 265.336 1,326.68

Guards* 31.741 47.6115 253.928 1,269.64

Class C

Handypersons 35.998 53.997 287.984 1,439.92

Forepersons 35.8855 53.82825 287.084 1,435.42

Starters 35.8855 53.82825 287.084 1,435.42

Others 33.123 49.6845 264.984 1,324.92

Guards* 31.741 47.6115 253.928 1,269.64

170

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 36.023 54.0345 288.184 1,440.92

Forepersons 35.9295 53.89425 287.436 1,437.18

Starters 35.9295 53.89425 287.436 1,437.18

Others 33.167 49.7505 265.336 1,326.68

Guards* 31.741 47.6115 253.928 1,269.64

Class B

Handypersons 35.950 53.925 287.60 1,438.00

Forepersons 35.8805 53.82075 287.044 1,435.22

Starters 35.8805 53.82075 287.044 1,435.22

Others 33.118 49.677 264.944 1,324.72

Guards* 31.741 47.6115 253.928 1,269.64

Class C

Handypersons 35.827 53.7405 286.616 1,433.08

Forepersons 35.7395 53.60925 285.916 1,429.58

Starters 35.7395 53.60925 285.916 1,429.58

Others 33.077 49.6155 264.616 1,323.08

Guards* 31.741 47.6115 253.928 1,269.64

*Guards hired prior to January 1, 1978, shall receive the rate of

“Others.”

171

INDEX

SUBJECT PAGE

Absentee Workers Hours (AB Time) . 14, 77, 183

Adoption of Agreement …………………………. 39-45

Arbitration ………………………….. 16, 20, 23-25, 27,

31-36, 109, 119, 152

Attendance Bonus ……………………………………… 66

Automation Employment Pool ……………. 150-151

Benefit Funds……………………. 6, 23-27, 36-37, 40,

………………………………… 46-62, 94, 109, 145, 150

Better Terms and Conditions ………. 15-16, 49, 55

Building Safety ……………………………………….. 142

Bulletin Board …………………………………… 98, 121

Call-in Pay ……………………………………………….. 80

Check-off (Dues) ……………………………………. 6-11

Classification of Buildings …………………….. 70-71

Clinic Day (Service Center Visit) ………… 149-150

Common Disaster ……………………………………. 153

Complete Agreement…………………………. 157-158

Condemnation ………………………………………….. 68

Consultants …………………………………………….. 181

Contracting of Work……………….. 2, 11-15, 27, 38

Contractor Employee Transition ………………… 180

Cost of Living………………………………………. 73-74

Coverage of Agreement ………………1-2, 11-15, 82

Cuspidors ……………………………………………….. 154

Day of Rest …………………………………………….. 120

172

Days Off ………………………….. 65, 78, 83, 99, 116

Death (in family, of employee) …………… 147, 151

Differentials …………………………………………. 93-94

Disability Benefits Law ….. 46, 53, 62-64, 65, 113

Discharge ……………………… 4-5, 12-13, 18-20, 28,

30, 109, 140, 147

Discrimination…………………………… 109, 126-127

Discrimination – Protocol …………………… 127-138

Discrimination – Protocol Mediation ……. 129-133

Discrimination – Protocol Arbitration …… 133-135

Displacement or Transfer …………………………… 19

EAP Coordinator ………………………………………. 81

Election Day …………………………………………… 101

Elevator Conversion ……………………122-123, 150

Elevator Starter …………………………….. 72, 76, 140

Employee Identification …………………………… 149

Employees’ Rooms …………………………….139-140

Employment Agency Fee ………………….. 138-139

Engineers……………………………………………. 91, 94

Experienced Employee………………………. 107-109

Eye Glasses ……………………………………………. 121

Family and Medical Leave Act …………… 114, 126

Fines ……………………………………………………… 125

Fire and Flood Call………………………………….. 121

Fire Safety Director …………………………… 81, 141

Firemen………………………………………………….. 116

First Aid Kit …………………………………………… 121

Flexibility ………………………………………………… 14

Foreperson …………………………………… 72, 80, 140

173

Garnishments ………………………………………….. 147

Governmental Decrees ……………………………..152

Grievance Procedure …………………………….. 28-30

Guards …………. 45, 72, 76, 91, 106-109, 140, 185

Handyperson ……………………………………… 72, 140

Hardship Buildings ……………………………………. 45

Health Fund …………………. 46-53, 57, 64, 149-150

Health Fund Study Committee ……………….. 49-52

Health, Safety, and HERO Act ……………. 142-147

Hiring Hall ………………………………………..138-139

Holidays…………………………… 16, 67, 95-100, 116

Hours ………………………… 14, 15-16, 72-81, 82-83

Identification…………………………………………… 149

Injuries ………………………………………..63, 111-112

Inspection of Employer Records …………………. 5-6

Job Definitions …………………………………..140-141

Joint Industry Advancement Project ………… 87-91

Jury Duty …………………………………………. 148-149

Labor Peace Committee ……………………………… 38

Layoff …………………………… 27, 103-105, 110-111

Leave of Absence …………………………….. 111-114

Legal Assistance (building violations) ………… 125

Legal Fund…………………………………………… 58-59

Licenses………………………………………….. 125, 141

Life Insurance ……………………………………… 16, 49

Locker……………………………………………… 121-122

Lockout……………………………………………….. 36-39

Lunch Period ………………………………………..76-77

Management Rights ……………………………… 18-20

174

Meal Allowance ……………………………………….. 80

Medical Leave …………………………………..112-114

Method of Payment of Wages …………….. 102-103

Military Service ………………………………………. 126

Most Favored Nations Clause…………………. 43-44

Multi-Employer Bargaining……………………. 39-45

New Development ……………………………..161-162

New Hire Rate and Contributions …………106-109

New York City Earned Sick Time Act …….. 64-67

Newly Constructed Buildings …….. 41-42, 78, 161

Night Work ……………………………………………… 78

Notice of Discharge/Termination …….. 4-5, 19, 28

Others ……………………………. 44, 80, 106-109, 140

Overtime ………………….. 30, 75, 77, 78, 79, 80, 94,

101-102, 141, 158

Part-time Employee……………….. 66, 79, 102, 115

Paternity/Maternity Leave ………………………… 113

Pension Fund ………………….. 53-57, 107, 108, 152

Permits ……………………………………………. 125, 141

Personal Day…………………………………. 97-99, 101

Picketing ……………………………………………… 36-39

Political Contributions ………………………………. 6-8

Postings of Vacancies ………………………………. 105

Pregnancy Leave ……………………………… .113-114

Premium Pay ……….. 16-17, 72, 79-80, 94, 99-100

Probationary Period (Trial Period) …………….. 106

Promotion …………………………………………105-106

Pyramiding …………………………………………. 65, 94

Reason for Discharge ………………………………… 28

175

Recall ………………………………… 103, 110-111, 124

Reduction in Force……………….12-13, 20-27, 104,

122-124, 182

Relief Employees………………….. 78, 102, 114-120

Relief Periods ……………………. 16, 76-77, 119-120

Remodeled Buildings ……………………………. 41-42

Re-openings…………………………. 61, 152, 157-158

Replacements …………………………………….105-106

Resignation………………………….. 85, 118, 122-123

Rest Room ………………………………………..121-122

Safety …………………………………………………….. 142

Sale of Building…………………… 39-41, 68-69, 124

Sanitary Arrangements ………………………. 121-122

Saving Clause ……………………………….. 3, 15, 157

Schedules ……………………….. 13, 16, 101-102, 141

Security Background Checks ……… .154-155, 184

Seniority ……………………….. 14, 103-105, 110-111

Service Center Visit…………………………… 149-150

Sick Days …………………………………64-67, 94, 150

Strike ………………………………………………….. 36-39

Subcontracting ……………………….. 2, 12-15, 27, 38

Superintendents …………………….2, 82-87, 91, 125

Supplemental Retirement &

Savings Fund ……………………….. 59-60, 107-108

Temporary Schedule Changes ………….. 16, 17, 76

Term of Agreement ………………………………. 91-93

Termination Pay ………………… 104, 111, 122-124

Tools …………………………………………………….. 125

Training Fund ……………………………………….57-58

176

Training Program ……………………………………. 141

Transfer of Title ………………………………. 39-41, 68

Transportation Costs ………………………………… 154

Trial Period …………………………………………….. 106

Unemployment Insurance Law ……………….. 62-64

Uniforms………………………………………………… 120

Union Insignia ………………………………………… 121

Union Leave of Absence ………………………….. 111

Union Recognition …………………………………. 1-11

Union Security ……………………………………….. 1-11

Union Visitation ……………………………. 6, 147-148

Vacancies …………………………………………105-106

Vacation Replacement. ………………..106, 119-120

Vacations, Vacation Pay …… 16, 86, 111, 115-120

Veteran Transition Assistance …………….. 156-157

Voting Time …………………………………………… 101

Wages ………………………………….. 14, 72-81, 82-83

Wage and Hour Claims……………………… 158, 161

Wage Differentials…………………………… 72, 93-94

Weather Conditions ………………………………… 153

Work Authorization and Status Disputes …….. 156

Work Clothes ………………………………………….. 120

Work Stoppage …………………………………….. 36-39

Working Conditions (Superintendent) ……… 83-85

Workers’ Compensation .. 20, 46, 53, 63, 65, 112

Workloads …………………………………………… 17-18

Workweek ……………………………………………….. 75

177

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18* Street

New York,NY 10011

Re: Reserved Question on Mandatory Arbitration for Statutory Discrimination Claims

Dear Manny:

This letter will confirm our understanding on the issue of whether arbitration is mandatory for

statutory discrimination claims brought under the No Discrimination Clause found in the

Collective Bargaining Agreements (“CBAs”) between the RAB and the Union (the “Reserved

Question”).

Following the decision of the Supreme Court in 14 Penn Plaza LLC v. Pyett, 556 U.S. 247

(2009), the RAB and the Union have had a dispute about the Reserved Question, specifically

regarding the meaning of the No Discrimination Clause and the grievance and arbitration clauses

in the CBAs. The Reserved Question is as follows:

The Union contends that the CBAs do not make provision for arbitration of any

claims that the Union does not choose to take to arbitration, including statutory

discrimination claims, and therefore, individual employees are not barred from

pursuing their discrimination claims in court where the Union has declined to

pursue them in arbitration. The RAB contends that the CBAs require arbitration of

all individual claims, even where the Union has declined to bring such claims to

arbitration.

The parties agree that, should either the Union or the RAB deem it appropriate or necessary to do

so, that party may bring to arbitration the Reserved Question. The parties intend that the

Reserved Question may only be resolved in arbitration between them and not in any form of

judicial or administrative proceeding. The outcome of the Reserved Question hinges on

collective bargaining language and bargaining history, which are subjects properly suited for

arbitration. Such arbitration may be commenced on 30 calendar days’ written notice to the other

party. The arbitrator for such arbitration shall be Roberta Golick, unless she is unable or

unwilling to serve, in which case the parties shall agree upon an arbitrator, and failing agreement

shall submit the case to arbitration before the American Arbitration Association, inNew York

City.

In 2010, the parties initiated the No-Discrimination Protocol. TheNo-Discrimination Protocol is

applicable to all such claims. This Protocol was intended, and continues, to serve as an

alternative to arbitrating the parties’ disagreement on the Reserved Question. The parties agreed

to include the No-Discrimination Protocol as part ofthe CBAs, as further modified in December

2015. The Union and the RAB agree that the provisions of the No-Discrimination Protocol do

not resolve the Reserved Question.Neither the inclusion of the No-Discrimination Protocol in

178

the CBAs nor the terms of the No-Discrimination Protocol shall be understood to advance either

party’s contention as to the meaning of the CBAs with regard to the Reserved Question, nor will

either party make any representation to the contrary.

Without prejudice to either parties’ position on the continued viability of any other side letter,

this side letter shall continue in effect unless and until the parties agree otherwise or until the

Reserved Question is decided by Arbitrator Golick.

Howard Rothschild

President, RAB

Sincerely

AGREED:

Mann

President, SEIU, Local 32BJ

179

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS01 Street

New York, NY 10011

Re: No-Strike Provision

Dear Manny:

This letter confirms that the Union will use its best efforts to notify the Labor Peace Committee

in advance of any disputes/issues relating to a signatory employer prior to engaging in activities

described in Article IX, paragraph 6 of the Commercial Building Agreement. Any disputes

regarding the sufficiency of the notice shall be addressed solely at, and by, the Labor Peace

Committee, and not by recourse to Article VIII, or in any other forum.

Sincerely,

Howard Rothschild

President, RAB

President, SEIU, Local 32BJ

AGREED:

180

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Transition from Contractor to Direct Building Employee

Dear Manny:

No employee who is transferred from a contractor to the building payroll purely as a result of the

owner and/or agent terminating the contractor and performing building service work directly,

shall suffer a loss of benefits that are determined by an employee’s accrued time (years of

service) as provided in Article XIII (Sickness Benefits) and Article XXI, Section 11 (Recall),

Section 12 (Leave of Absence and Pregnancy Leave), Section 13 (Vacations and Vacation Relief

Employees), and Section 21 (Termination Pay) of the Agreement.

Sincerely,

President, RAB

AGREED:

Manr^J&streich

President, SEIU, Local 32BJ

181

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Consultancy Committee

Dear Manny:

The parties recognize that the use of consultants is a practice that has arisen in the industry. Upon

the Union’s request, the parties agree to create a joint committee consisting of the Union

President and the RAB President, or their designees, to discuss issues affecting employees

covered under this Agreement that arise out of any consultancy with respect to work covered

under this Agreement or the Contractors Agreement.

President, RAB

AGREED:

President, SEIU, Local 32BJ

182

December 27, 2023

Howard Rothschild, President

Realty Advisory Board on Labor Relations, Inc.

One Penn Plaza, Suite 2110

New York, NY 10119

Re: Reduction in Force

Dear Howard:

This will confirm our understanding during our recent negotiations that the Union and the RAB

reaffirm their commitment to the Special Committee process set forth in Article V of the

Commercial Building Agreement and in Article XIII of the Contractors Agreement.

Upon the request of the President of the RAB, the Special Committee shall meet on at least a

quarterly basis or more frequently as necessary.

To keep the New York City area Real Estate Industry competitive and productive, the parties

recommit that the Reduction in Force process under the Commercial and Contractors

Agreements will be utilized appropriately and in good faith.

Sincerely,

Manny Y^streich

President, SEIU, Local 32BJ

President, RAB

183

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: A-B Time Side Letter

Dear Manny:

The parties agree that where an A-B time pay practice existed at the building prior to January 1,

2008, all employees on the payroll prior to that date, and working within the scope of the A-B

time practice, shall continue to receive this benefit. Employees hired after January 1, 2008, will

not be eligible for the A-B time practice. Absentee work assignments shall be rotated fairly

among all employees by seniority order.

Howard Rothsefiild

President, RAB

Sincerely,

AGREED:

President, SEIU, Local 32BJ

184

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 1S’” Street

New York, NY 10011

Re: Security Background Checks

Dear Manny:

This will confirm our understanding during our recent negotiations that an Employer may not

invoke Article XXI (General Clauses), Section 43 (Security Background Checks) in connection

with a Social Security “no match” letter.

Howard Rothschild

President, RAB

Sincerely,

President, SEIU, Local 32BJ

Manny

AGREED:

185

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 1801 Street

New York, NY 10011

Re: Transition of Guards to the Security Officer Agreement

Dear Manny:

This letter confirms our agreement regarding the transitioning of guards who are employed by an

Employer that is a member of the RAB and bound to the RAB Commercial Building Agreement

and/or RAB Contractor Agreement to the RAB/Local 32BJ Security Officer Agreement.

Any Employer wishing to remove its Guards from this Agreement and, instead, have those

Guards covered under the RAB Security Officers Agreement shall, together with the RAB,

negotiate a transition agreement with the Union facilitating such transfer consistent with

established transition agreements. This transition procedure is exclusive to the Union and the

RAB, and in such circumstances, the Union shall not unreasonably withhold its agreement to

transfer such Guards to the RAB Security Officer Agreement.

Howard Rothschild

President, RAB

AGREED:

President, SEIU, Local 32BJ

186

December 27, 2023

Manny Paslreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Work Authorization and Status Disputes

Dear Manny:

In light of the diversity of the workforce in the industry and the changing regulatory

environment, the parties reaffirm the parties’ commitment to employees who need to resolve

issues related to the employees’ immigration or work authorization status.

Upon the request of either party, the parties shall establish a joint committee to discuss issues

related to employees’ Work Authorization. The Committee shall consist of the President of Local

32BJ and the President of the RAB, or their designees.

Sincerely,

Ho Rothschild

President, RAB

AGREED

Manny

President, SEIU, Local 32BJ

187

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Grievance and Arbitration

Dear Manny:

The parties agree to meet quarterly (i) to discuss issues related to streamlining grievance and

arbitration processes, including calendaring and exchanging information of case status, and (ii) to

conduct training for arbitrators on the panel. The parties also agree to meet once per month to

review the docket ofpending cases to ensure an expeditious resolution, and Local 32BJ shall also

provide the RAB a list ofopen reduction in force requests. The meetings shall be attended by the

President of Local 32BJ and the President of the RAB, or their designees. The parties will

coordinate with the Office of the Contract Arbitrator to regularly schedule reserved open days in

accordance with the parties’ Office of the Contract Arbitrator Protocols for case administration

to ensure the timely adjudication ofreduction in force cases.

Sincerely,

President, RAB

AGREED:

Manny^Pastreich

President. SEIU, Local 32BJ

188

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18 th Street

New York, NY 10011

Re: Industry Seniority

Dear Manny:

The parties recognize that, in situations in which an employee with many years of continuous

service in the industry is forced to bump into another location and then faces a change of

employer at that location, the employee’s seniority standing for purpose of layoff and recall may

be impacted. The parties agree to meet in committee to discuss ways to address this and like

circumstances. The committee shall consist of the President of the RAB and the President of the

Union, or their designees.

Sincerely,

thschild

President, RAB

AGREED:

Mann^rastreich

President, SEIU, Local 32BJ

189

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Conversions

Dear Manny:

The parties agree to meet in committee to discuss the financial impact on employees of a sale

related to a change in the primary purpose of the building from a Commercial Building to a

Residential Building. The committee shall consist of the President of the RAB and the President

of the Union, or their designees.

Howard Rothschild

President, RAB

Sincerely,

AGREED:

Mann/jlastreich

President, SEIU, Local 32BJ

190

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Fire Safety Directors

Dear Manny:

This will confirm our understanding that the revisions made to Article XVII (Wages and Hours),

Section 11 in the collective bargaining agreement between the Union and the Employer covering

the period from January 1, 2024 through December 31, 2027 providing for annual lump-sum

payments of $500.00 to regularly assigned EAP Coordinators, Fire Safety Directors and

Assistant and/or Deputy Fire Safety Directors are not intended to, and shall not, create any

obligations on the part of the Employer to increase the base on which overtime pay is calculated

or otherwise alter overtime payments to such employees as a result of such lump-sum payments.

Rather, such payments are intended to defray expenses incurred in seeking or maintaining

certification, and are not made as compensation for hours of employment.

For the avoidance of any doubt, any disputes over the lump-sum payments made to regularly

assigned EAP Coordinators, Fire Safety Directors and Assistant and/or Deputy Fire Safety

Directors, including any disputes over pay arising from or relating to such payments, shall be

subject to the grievance and arbitration provisions of the collective bargaining agreement.

Howard Rbthschild

President, RAB

Sincerely,

AGREED:

MannyTastrerch

President, SEIU, Local 32BJ

191

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Permissive Guidelines for Building Closings for Reconstruction or Demolition

Dear Manny:

Over the last few years, there has been a number of building closings for reconstruction or

demolition in our industry. Working together, the RAB, the Union, and the relevant Employers

have developed a process of successfully working together that advances everyone’s interests

and minimizes layoffs.

This letter generally describes how that process has worked. Where the Employer knows in

advance that all or a substantial portion of a building will be closing for reconstruction or

demolition and likely cause the displacement and/or layoff of the Employer’s employees at the

building:

• the Employer shall notify the Union as soon as practicable;

• the parties shall discuss the closure plan; and

• in order to minimize displacement and layoffs, the parties may agree to a process

whereby employees are offered placement in positions at other locations prior to or in

conjunction with the closing of the building.

To be clear, the parties are not required to agree to such a process. In the absence of such an

agreement, there shall be no abridgement of employees’ rights under the Commercial Building

Agreement, including the employees’ right to recall, consideration for vacation positions, or

termination pay. Nor shall there be any abridgment of the Employer’s rights.

This side letter is entered into on a non-precedential basis and shall not be subject to the

grievance and arbitration procedure of the relevant collective bargaining agreement.

President, RAB

AGREED:

President, SEIU, Local 32BJ

192

December 27, 2023

Howard Rothschild, President

Realty Advisory Board on Labor Relations, Inc.

One Penn Plaza, Suite 2110

New York, NY 10119

Re: Labor-Management Cooperation Trust Fund

Dear Howard:

The parties will continue the Labor-Management Cooperation Trust Fund (“LMCF”), under the

existing agreement and declaration of trust previously agreed to by the parties (“LMCF Trust

Agreement”), as amended. The LMCF Trust Agreement includes the following terms and

conditions which shall continue until its extended termination date contained in this Side Letter:

(i) the sole and exclusive purpose of the LMCF shall be the containment of healthcare costs,

including healthcare pricing, for the benefit of Union membership and Employers in New York

City and surrounding areas; (ii) the LMCF shall be funded by diverting future contributions to

the Health Fund at the beginning of the Fund’s fiscal year in the amount of one million dollars

($1,000,000) in 2024 and two million dollars ($2,000,000) in 2025; (iii) the LMCF shall

terminate on June 30, 2026, subject to an appropriate wind-down period after termination, and

any net assets remaining at the time of termination shall be allocated in accordance with the

terms of the LMCF Trust Agreement; (iv) the rules and procedures established in the LMCF

Trust Agreement regarding Trustees, quorum, voting, deadlock, and other Trustee procedures

shall continue until the termination of the LMCF.

President, SEIU, Local 32BJ

Sincerely,

Hbwar^RothseSiid

President, RAB

AGREED:

193

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Post-COVID Transition Protocols

Dear Manny:

The RAB and the Union recognize that the commercial real estate industry is still transitioning

from the Covid pandemic and adjusting to new patterns of use, utilization of space, and

occupancy resulting from these changes, including without limitation, increased remote work

arrangements.

The Union recognizes that the RAB, because of the large size and the nature of its membership

in the commercial building services and related industries of the New York City area, is the

principal bargaining representative for employers working in the industries with whom the Union

deals and where it represents employees. Accordingly, the terms of this side letter shall only

apply to buildings owned by RAB members and covered by 2024 RAB Commercial Building

Agreement (“Commercial Building Agreement”) and the contractor, if any is involved, is

signatory to the 2024 RAB Contractors Agreement (“Contractors Agreement”). Both must be

signatories to these Agreements to utilize the provisions of this side letter.

This letter sets forth the parties’ understanding that the existing reduction in force provisions,

including Article V, Section 1(a), (b) and (g) in the Commercial Building Agreement are

intended to apply to a variety of circumstances where buildings establish that new patterns of

office occupancy, such as due to remote work, support changes in historic cleaning practices.

It has been the Union’s practice, and I understand that it remains the Union’s intention, to

respond expeditiously and in good faith to reductions in force requests, consistent with criteria in

the Agreement and this Side Letter, based on changes in the nature or scope of office occupancy

and utilization of space.

In light of the current commercial office environment, the parties agree to the following

modifications to the Commercial Building Agreement, effective October 1, 2024 through

December 31, 2026’:

An employer that is bound by the Commercial Building Agreement, and a contractor that is

bound by the Contractors Agreement performing services for an employer that is bound by the

1 If New York City Commercial Real Estate market conditions (e.g., measured by Manhattan office occupancy and

vacancy rates) have not recovered to historical normal levels at that point in time, the parties can mutually agree to

extend this side letter.

194

Commercial Building Agreement (“Contractor”), (collectively “Employer”), may invoke Article

V, Section 5(a) as modified below2:

1. The Employer shall have the right to reduce its work force in the following

circumstances, provided that, for the relevant time period, it can establish that the

changes listed below eliminate or have eliminated, an amount of work similar to the

proposed reduction in worker hours:

(a) Vacancies in building;

(b) Reconstruction of all or part of the building;

(d) Change in utilization of space, including without limitation due to remote work of

tenants.

2. If the Employer’s reduction in its work force results in the layoff of any employee, the

Employer is required, in addition to their accrued vacation credits and termination pay, if

any, to give the employees employed for one (1) year or more one (1) week notice of

layoff or discharge, or in lieu thereof, an additional week pay. The Employer shall give

four (4) weeks written notification to the Union, the RAB, and in the case of a Contractor

notice, its signatory client, as specified in Article V, Section 5(a) of the Commercial

Building Agreement as modified in this side letter. If the conditions for the reduction

remain unchanged, any changes to an Employer’s work force made pursuant to the terms

of this side letter shall survive the expiration of this side letter.

3. The Employer shall include in such notification the following:

(a) Reason for reduction, specifying whether the reduction is being made pursuant to

one or more of the reasons set forth in paragraph 1.

(b) If reduction is office cleaning work, notification should include work schedules

showing hours, cleaning area footage and frequency of cleaning existing prior to

the reduction and after the reduction, and the utilization of the spaces, or other

special circumstances.

setting forth the hours spent on each task to be eliminated and the changes in

schedules and duties of remaining employees resulting from the reduction in

force.

4. If the Contractor asserts that there are “extenuating circumstances” pursuant to Article

XVI, Section 7(b)(4) of the RAB Contractors Agreement arising from changes in

utilization of a space, including without limitation, due to the remote work of tenants, in

addition to the information required by Paragraph (3) above, the reduction request must

identify the changes in frequency and/or other measures being undertaken by the

Contractor establishing how the resulting duties do not exceed a reasonable day’s work.

– Nothing in this provision is intended to modify any other term in the Commercial Building Agreement or the

Contractors Agreement.

195

5. In the event that a reduction in the work force is effectuated and the reason for the

reduction in the work force ceases to exist, then the Employer shall reinstate the

appropriate work force based on factors considered in this side letter. At all times while

this side letter is in effect, any employee who has been employed for one (1) year or more

in the same building, or in the case of contractor employees, in the Industry, and who is

laid off during the term of this side letter shall have recall rights of twelve (12) months.

Bumping must be pursuant to the Contractors Agreement or any site-specific agreements

negotiated with the RAB.

6. If the Union grieves or arbitrates a dispute pursuant to this provision, the following shall

apply:

(a) The arbitration shall be expedited and in no event shall be scheduled and heard

later than seven (7) calendar days after the Union’s or Employer’s request for

arbitration.

(b) With respect to claims arising under Paragraph (1) above, the arbitrator shall have

the authority only to decide the question presented of whether the Employer

affirmatively demonstrated that the assignment of work is not unreasonable

utilizing the factors in this side letter. If the Employer meets that burden, the

grievance must be dismissed.

shall issue an award within seven (7) calendar days after the close of the hearing.

(d) All arbitrations conducted pursuant to this side letter shall be assigned to

Arbitrators Deborah Gaines, Karen Fembach, and David Reilly, based on

Arbitrator availability.

President, RAB

AGREED:

President, SEIU, Local 32BJ

196

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 1001 1

Re: 2024 Commercial Building and Commercial Contractor Voluntary Early

Retirement Incentive Program

Dear Manny:

This will confirm our understanding that the parties agree to offer to certain early-retirementeligible employees working under the 2024 RAB Commercial Building Agreement

(“Commercial Building Agreement”) and the 2024 RAB Contractors Agreement (“Contractors

Agreement”), a Voluntary Early Retirement Incentive Program (“2024 Commercial VER1P”), as

specified herein.

a) The parties agree that the following benefits (collectively, the “2024 Commercial

VERIP Benefits”) shall be provided to each Eligible Employee, as defined below in

Paragraph (c), who makes a Retirement Election, as defined below in Paragraph (d):

(i). A one-time lump sum contribution to the Eligible Employee’s Supplemental

Retirement Savings Plan (“SRSP”) account in the amount of $20,000 (or such

lesser amount permitted under limits set by the Internal Revenue Code and

other applicable law) (“SRSP Lump Sum Contribution”) funded by the

diversion of contributions payable to the Building Service 32BJ Health Fund

(“Health Fund”) on behalf of participants in the Metropolitan and Suburban

Plans, that are subject to the terms of the Commercial Building and

Contractors Agreements (including security officers who have transitioned to

the RAB Security Officers Agreement), and the independent counterparts of

the Commercial Building and Contractors Agreements;

(ii). A fifteen percent (15%) pension benefit total improvement above the Eligible

Employee’s current entitlement, which is inclusive of the ten percent (10%)

pension benefit improvement recommended to the Building Service 32BJ

Pension Fund (“Pension Fund”) Trustees for all Program A and B participants

in the 2023 Stipulation of Agreement;

(iii). For Eligible Employees below the age of 65, continued coverage under the

32BJ Health Fund until the employee reaches the age of 65; and

(iv). There shall be no reduction in any Eligible Employee’s pension benefit for

electing early retirement pursuant to the terms of the 2024 Commercial

VERIP.

b) The parties further agree to recommend to the appropriate Boards of Trustees that the

Health Fund, the SRSP, and the Pension Fund be amended in accordance with the

197

terms of this 2024 Commercial VERIP to provide the benefits described in Paragraph

(a).

c) An Eligible Employee is an employee who:

i. Is or will be age 60 or older on or before August 31, 2024;

ii. Is a vested participant in the Pension Fund;

iii. Has or will have at least 15 years of Service Credit under Program A or B or a

combination of Programs A and B as of July 1, 2024; and

iv. Remains in active employment through June 1, 2024 or later and commences

benefits under the Pension Fund effective between July 1, 2024 and

September 1, 2024.

d) To make a voluntary Retirement Election, an Eligible Employee must:

i. During the window period of April 1, 2024 through and including July 31,

2024, complete and submit the Retirement Election Form, electing an

employment termination date between June 2, 2024 and August 31, 2024;

ii. Elects to start their benefits under the Pension Fund effective between July I,

2024 and September 1, 2024; and

iii. Sign a Release on or after the Eligible Employee’s last day worked in a form

acceptable to the Employer and the RAB, and not revoke such Release. The

Union agrees and acknowledges on its own behalf, and on behalf of Eligible

Employees, that 2024 Commercial VERIP Benefits are greater than any

payment or benefit to which an Eligible Employee might be entitled under any

policy, plan or procedure, or pursuant to any prior agreement or contract,

including any collective bargaining agreement. The Union understands and

agrees that each Eligible Employee will not receive the 2024 Commercial

VERIP Benefits if they do not sign a Release or timely revokes and executed

Release.

e) To commence receiving their Pension benefits. Eligible Employees shall apply to the

Pension Fund in accordance with the Pension Fund’s rules and regulations.

f) Effective no later than the day prior to the effective date of their retirement. Eligible

Employees who are actively employed shall cease employment, and Eligible

Employees who are in layoff status or on paid or unpaid leave of absence at the time

of their Retirement Election, shall be removed from their building and Employer’s

recall list no later than the day before their retirement. Upon cessation of

employment, the Employer shall have no obligation to employ or reemploy any

individual in the vacant positions.

g) Within two weeks of the Release’s Effective Date (as defined in the Release), Eligible

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Employees who make the Retirement Election shall be paid termination pay in the

amounts set forth in the applicable Agreement (specifically, Article XXI, Section

21(a) of the Commercial Building Agreement and Article XVI, Section 26(a) of the

Contractors Agreement) based on the employee’s years of service and payment of

2024 vacation pay, less any amounts for 2024 vacation pay that were previously paid

and/or wage advances that were the subject of a contemporaneous writing executed

by the employee at the time of the advance. There will be no duplication or

pyramiding of termination pay payments under this 2024 Commercial VERIP.

h) In the event that an Eligible Employee participates in the 2024 Commercial VERIP

and receives the 2024 Commercial VERIP Benefits then subsequently returns to

employment in the Industry, the employee may be treated as a new hire for paid time

off and shall be subject to a ninety (90) day wait period for the commencement of

employer contributions to 32BJ Benefit Funds, including the Pension Fund where

applicable. Any such employee who returns to employment with an Industry

Employer contributing to the Building Service 32BJ Pension Fund after participating

in the 2024 Commercial VERIP and receiving the 2024 Commercial VERIP Benefits

shall have their pension benefits suspended during the period of such subsequent

Industry employment consistent with the Pension Fund’s plan documents. Further,

any such employee who returns to employment with an Industry Employer

contributing to the Building Service 32BJ Pension Fund in the “others,” guard, or

superintendent classifications may be treated as a new hire without Industry

Experience for wage rate purposes.

i) Employees who are employed pursuant to an independent commercial collective

bargaining agreement that adopts reallocations of 32BJ Benefit Fund contributions

agreed to by the Union and the RAB in the Commercial Building and Contractors

Agreements, and who meet the eligibility criteria set forth in Paragraph (c) above,

shall be eligible to participate in the 2024 Commercial VERIP pursuant to these

terms.

j) The Union withdraws, with prejudice, and shall not grieve, arbitrate, or litigate, any

and all claims arising from or relating to the employment with any Employer of any

Eligible Employee who voluntarily makes a Retirement Election. Further, any dispute

arising under, out of, or in relation to this 2024 Commercial VERIP agreement, other

than Funds-related matters, will be exclusively settled by binding arbitration before

designated arbitrators pursuant to the corresponding 2024 Commercial VERIP

documents as described in Paragraph (k) below. Matters related to Fund Benefits

shall be resolved in accordance with the Funds’ respective Trust Agreements and the

Plan documents. The designated 2024 Commercial VERIP Arbitrator shall be David

Reilly, unless he is unable or unwilling to serve, in which case the parties shall agree

upon an arbitrator.

k) The parties agree that appropriate documents (e.g., a Retirement Election Form, a

Retirement Release, and a 2024 Commercial VERIP Notice Letter) shall be drafted

by counsel and approved by the parties; provided however, the terms, conditions, and

language of such documents will be, in all relevant materials respects identical to

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those agreed to by the parties for the July 2020 Voluntary Early Retirement Incentive

Program including, without limitation, those provisions concerning arbitration,

release of claims, and employee obligations.

Sincerely,

President, RAB

AGREED:

M Pastreich

President, SEIU, Local 32BJ

200

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: 2024 Ratification Bonus

Dear Manny:

The parties agree that a one-time ratification bonus will be paid to certain eligible employees (as

discussed more fully below). This will confirm the details of that ratification bonus.

In accordance with the annual rates of contributions set forth in Article XI, Section A(2), in

2024, the monthly rate of contribution to the Health Fund shall be $1,991 per covered employee.

Notwithstanding anything to the contrary above, the rate of contribution for the months of

January 2024 and February 2024 (payable respectively on or before February 20, 2024 and

March 20, 2024) shall be SI50.00 per month per covered employee, with the corresponding

reduction in the annual rate of contribution for 2024.

After the Union provides the RAB with notice that its membership has fully ratified this

Agreement, each employee for whom the Employer is obligated to contribute to the Health Fund

as of March 20, 2024, including part-time employees who work more than two days per week,

and those on leave for whom the employer is obligated to contribute to the Health Fund as of

March 20, 2024, shall receive a one-time, lump-sum, ratification bonus of three thousand dollars

($3,000), minus all applicable taxes, withholdings and deductions. The ratification bonus will be

paid on March 22, 2024, or 30 calendar days after ratification, whichever is later.

The parties agree that the ratification bonus shall not be considered compensation for hours of

employment purposes, and instead shall be deemed excluded form the definition of regular rate

for purposes of calculating overtime pay. For the avoidance of any doubt, any disputes over the

ratification bonus made to eligible employees, including any disputes over pay arising from or

relating to such payments, shall be subject to the grievance and arbitration provisions of the

collective bargaining agreement including, without limitation, any wage and hour claim.

Sincerel’

Howard Rothschild

President, RAB

AGREED:

201

Man# Pastreich

President, SEIU, Local 32BJ

202

2024

COMMERCIAL BUILDING

AGREEMENT

MINIMUM WAGE RATES

2024–2027

See Pages 163–170

LOCAL 32BJ, SERVICE EMPLOYEES

INTERNATIONAL UNION

25 West 18th Street

New York, NY 10011-1991

(212) 388-3800

REALTY ADVISORY BOARD

ON LABOR RELATIONS, INC.

One Penn Plaza, Suite 2110

New York, NY 10119

(212) 889-4100