Contractors' Association of Greater New York, Inc.

2020

Contractors

AGREEMENT

BETWEEN

SERVICE EMPLOYEES

INTERNATIONAL UNION

LOCAL 32BJ

AND

REALTY ADVISORY BOARD

ON LABOR RELATIONS, INC.

EFFECTIVE JANUARY 1, 2020

TO DECEMBER 31, 2023

TABLE OF CONTENTS

ARTICLE PAGE

I. Mutual Obligations ………………………………..1

II. Union Responsibility and Union Security ….8

III. Discharge …………………………………………….12

IV. Checkoff………………………………………………13

V. Grievance Procedure……………………………..17

VI. Arbitration……………………………………………19

VII. Strikes, Stoppages, Lockouts ………………….24

VIII. Duration ………………………………………………27

IX. Multi-Employer Bargaining……………………28

X. Health, Pension, Training, Legal and

Supplemental Retirement &

Savings Funds ………………………………………30

XI. Classification and Wages /

Minimum Wage Rates …………………………..44

XII. Hours and Overtime………………………………49

XIII. Management Rights and Obligations /

Seniority and Job Security ……………………..54

XIV. Joint Industry Advancement Project………..64

XV. New Development ………………………………..68

XVI. General Clauses ……………………………………69

1. Differentials and No Lowering of

Standards…………………………………………69

2. Pyramiding………………………………………70

3. Holidays ………………………………………….71

4. Voting Time…………………………………….76

5. Personal Day ……………………………………76

6. Work of Absentees……………………………77

7. Work Schedules and Workloads…………78

8. Schedules / Relief Periods …………………80

9. Relief Employees……………………………..81

10. Method of Payment of Wages……………81

11. Seniority and Layoff ………………………..83

12. Replacements, Promotions,

Vacancies, Trial Period and

Newly Hired Employees…………………..84

13. Recall …………………………………………….89

14. Seniority and Vacations in Relation

to Sickness and Accident Absence …….91

15. Leave of Absence…………………………….93

16. Pregnancy Leave……………………………..98

17. Vacations………………………………………..99

18. Vacation Replacements…………………..104

19. Day of Rest …………………………………..105

20. Uniforms and Other Apparel …………..105

21. First Aid Kit ………………………………….106

22. Loss of Employees’ Property…………..106

23. Eyeglasses and Union Insignia ………..106

24. Bulletin Board……………………………….106

25. Sanitary Arrangements……………………106

26. Termination Pay…………………………….107

27. Tools, Permits, Fines and

Legal Assistance ……………………………110

28. Damage or Breakage………………………110

29. Military Service …………………………….111

30. No Discrimination / Protocol…………..111

iii

31. Placement / Employment

Agency Fee …………………………………..121

32. Employees’ Rooms ………………………..122

33. Definitions…………………………………….122

34. Required Training Programs……………123

35. Garnishments ………………………………..124

36. Death in the Family………………………..124

37. Union Visitation…………………………….124

38. Jury Duty………………………………………125

39. Identification…………………………………126

40. Service Center Visit ……………………….126

41. Death of Employee ………………………..127

42. Governmental Decree …………………….127

43. Weather Conditions ……………………….128

44. Disability Benefits Law /

Unemployment Insurance Law………..128

45. Sickness Benefits …………………………..130

46. Auditing ……………………………………….132

47. Consolidation of Jobs……………………..133

48. Persistent Contract Violators …………..135

49. Safe and Healthy Working

Conditions…………………………………….136

50. General Provisions with Respect to

this and other Agreements ………………136

51. Common Disaster…………………………..137

52. Cuspidors ……………………………………..138

53. Lie Detector ………………………………….138

54. Snow Removal………………………………138

55. No Subcontracting …………………………138

56. Fire Safety Director………………………..138

57. Security Background Checks…………..139

58. Work Authorization and

Status Disputes………………………………140

59. Veteran Transition Assistance …………140

60. Saving Clause………………………………..141

61. Notices to Union ……………………………141

62. Complete Agreement ……………………..142

63. Wage and Hour Claims…………………..142

Side Letters …………………………………………………..147

Minimum Wage Rates ……………………………………164

Index ……………………………………………………………172

The REALTY ADVISORY BOARD ON

LABOR RELATIONS, INC. (“RAB”), an

incorporated multi-employer association, duly

authorized and empowered to enter into this agreement

for its contractor members which appear on the

Master List furnished to SERVICE EMPLOYEES

INTERNATIONAL UNION, LOCAL 32BJ

(“Union”), and the Union, on behalf of its members

and other building service employees to whom this

agreement applies and for whom it is the collective

bargaining agent, do hereby agree as of this 1st day of

January 2020 as follows:

ARTICLE I

Mutual Obligations

1. The Employer obligates itself that it will

in good faith comply with all of the provisions of

this Agreement. The Union obligates itself and its

members that they will in good faith comply with all

the provisions of this Agreement and that the workers

will perform their work conscientiously, faithfully

and efficiently under the terms of this Agreement.

The Union recognizes that the RAB, because of

its size and the nature of its membership in the building

service industry within the geographic jurisdiction of

the Union, is the principal bargaining representative

for Employers working in the industry with whom the

Union negotiates collective bargaining agreements,

and any extensions or renewals thereof.

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. This Agreement shall apply to all service

employees in any facility including residential

buildings in the City of New York and in such other

areas that are currently within the geographical

jurisdiction of the Union and the RAB. All terms and

conditions of this Agreement as it applies to building

employees shall apply except that wages of employees

employed in Queens, Brooklyn, Bronx and Staten

Island and wages of those employed at hospitals,

airports, retail stores, department stores, schools,

charitable, educational and religious institutions,

race tracks, nursing homes, theaters, hotels, shopping

malls, golf courses and bowling alleys in Manhattan,

Queens, Brooklyn, Bronx and Staten Island shall be

negotiated separately, except that if an Employer fails

to give the Union written notification of its intent

to negotiate a wage rate pursuant to this Agreement

within ninety (90) days of commencement of the job,

the Employer shall be required to pay Class A Office

Building rates in this Agreement.

If an Employer fails to negotiate within ninety

(90) days and loses the job within ninety (90) days, it

shall be required to pay Class A Office Building rates

in this Agreement.

In the event the Union and the Employer are

unable to reach an agreement on wages, the Union

shall have the right to strike and the Employer shall

have the right to lockout.

All security employees shall be covered by

this Agreement unless the Union and the Employer

execute a separate collective bargaining agreement

covering security guards.

The Employer shall be bound by each of the

following agreements in the event the Employer

performs work within the geographical areas subject

to those agreements:

(a) The 2020 Long Island Independent

Contractors Agreement covering Long Island.

(b) The 2020 Independent Exterminators

Agreement.

(d) The 2020 Hudson Valley and Fairfield

County Contractors Agreement.

(e) The 2020 Hartford/Connecticut

Contractors Agreement.

(f) The 2020 RAB Window Cleaners

Agreement or its Independent counterpart.

(g) The 2020 RAB Security Officers

Agreement or its Independent counterpart.

(h) The 2019 Philadelphia BOLR or

Independent Contractors Agreement.

(i) The 2019 Philadelphia Suburban

Contractors Agreement.

(j) The 2019 Washington Service Contractors

Agreement or its Independent counterpart.

(k) The 2019 Pittsburgh Central Business

District Contractors Agreement.

(l) The 2019 Suburban Pittsburgh Contractors

Agreement.

(m) The 2020 Delaware Contractors

Agreement.

(n) The Employer agrees to be bound by the

Union’s recognition agreement applicable to greater

Miami, Florida.

3. The Employer taking over jobs in Queens,

Brooklyn, Bronx and Staten Island, or at hospitals,

airports, retail stores, department stores, schools,

charitable, educational and religious institutions,

race tracks, nursing homes, theaters, hotels, shopping

malls, golf courses and bowling alleys in Manhattan,

Queens, Brooklyn, Bronx and Staten Island, shall

assume and be bound by the remaining term of any

existing wage agreements between the Union and the

predecessor Employer.

4. In the event that the Employer presently

services or takes a job at a residential building, the

terms of the Apartment Building Agreement existing

at such location shall apply. In the event that no

collective bargaining agreement between the Union

and the Employer covering such location exists, then,

in the event that such job(s) are located in Manhattan,

Queens, Brooklyn or Staten Island, the terms of the

standard Independent Apartment Building Agreement

shall apply.

5. In the event that an Employer presently

services or takes over a job at a facility within the

geographical areas set forth in any of the Agreements

listed in Section 2(a) through (n) hereof, it shall apply

the terms of the relevant agreement.

6. In the event that an Employer presently

services or takes over a job in Queens, Brooklyn,

Bronx and Staten Island, or at hospitals, airports,

retail stores, department stores, schools, charitable,

educational and religious institutions, race tracks,

nursing homes, theaters, hotels, shopping malls,

golf courses, bowling alleys, transit terminals

or residential buildings in Manhattan, Queens,

Brooklyn, Bronx and Staten Island, and demonstrates

to the Union that a hardship exists with respect to the

application of certain provisions of this Agreement or

the Independent Apartment Building Agreement in

residential buildings, the Union may, within its sole

discretion, consent to negotiate with respect to such

provisions of the Agreement.

7. (a) “Route Work” is all work performed by the

Employer other than in buildings where the Employer

contracts directly with the building owner and/or

agent. An employee will receive the Route rate for

any Route Work unless:

1. The Route Work was contracted for after

April 1, 1981, or the Route Work is awarded to a

replacement contractor after April 1, 1981 and a

contractor that is party to a collective bargaining

agreement with the Union is performing services

directly for the building owner and/or agent.

2. The Route Work was contracted for after

April 1, 1981, or the Route Work is awarded to a

replacement contractor after April 1, 1981, and the

employees are maintaining tenant space in the building

pursuant to a collective bargaining agreement directly

with the building owner and/or agent.

3. The employees were formerly covered by a

Local 32BJ collective bargaining agreement.

If any of the above conditions are met the

employees shall receive the Building rate.

(b) “Building Work” is all work performed by

the Employer where the Employer contracts directly

with the building owner and/or agent. All employees

performing Building Work shall receive the Building

rate unless they are employed in a sole occupant

building having less than 130,000 square feet that has

been operated as a Route job prior to May 1, 1962.

Employees in such “sole occupant” buildings will

continue to receive the Route rate until the Route

Work is awarded to a replacement contractor or the

building ceases to be a “sole occupant” building.

provision set forth in Article XVI, Section 11, and the

Holiday provision set forth in Article XVI, Section 3,

an employee shall be considered a Route employee

if the employee is engaged in Route Work. An

employee shall be considered a Building employee

if the employee is engaged in Building Work. The

type of work performed, not the rate of pay, shall

determine whether the employee is a Route or

Building employee.

8. The Employer shall notify the Union within

fourteen (14) days of receiving written cancellation

of an account/location. Such notification shall include

a list of all employees at the account/location, their

wage rates, their dates of hire, a building seniority

list and the number of sick and vacation days used.

The Union shall provide this list to the incoming

contractor/employer within five (5) days of the

Employer giving it to the Union.

ARTICLE II

Union Responsibility and Union Security

1. The Union is recognized as the exclusive

collective bargaining representative of all

classifications of service employees as defined in

Article I, Section 2, above.

2. There shall be a Union Shop throughout the

term of this Agreement.

The “Union Shop” requires membership in

the Union by every employee as a condition of

employment after the thirtieth (30th) day following

employment or the execution date of this Agreement,

whichever is later, and requires that the Union shall

not ask or require the Employer to discharge or

otherwise discriminate against any employee except

in compliance with the 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 Employer because of interpretation or a change

in 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. Upon receipt by the Employer of a letter

from the Union’s Secretary-Treasurer requesting an

employee’s discharge because such employee has

not met the requirements of this Article, unless the

Employer questions the propriety of so doing, the

employee shall be discharged within fifteen (15) days

of said notice if prior thereto the employee does not

take proper steps to meet said requirement. If the

Employer questions the propriety of the discharge, it

shall immediately submit the matter to the Arbitrator.

If the Arbitrator determines that the employee has

not complied with Section 2, the employees shall be

discharged within ten (10) days after written notice

of the determination has been given to the Employer.

4. The Employer shall be responsible for all

revenue lost by the Union by reason of any failure

to discharge an employee who is not a member of

the Union, if the Union has so requested in writing.

In cases involving removal of employees for nonpayment of dues, the Arbitrator shall have the

authority to assess liquidated damages.

5. The Employer shall on execution of this

Agreement submit to the Union a list of all locations in

the City of New York, Nassau, Suffolk, Westchester,

Putnam, Dutchess, Orange and Sullivan counties,

New Jersey (north of Route 195) and Connecticut,

presently being serviced by the Employer. Such list

shall include the names and Social Security numbers

and home addresses of the employees performing the

work plus the hours of employment and the present

wage rate and Union affiliation. The Employer

shall immediately notify the Union in writing of the

name, Social Security number and home address of

each new employee engaged by the Employer. The

Employer shall immediately notify the Union in

writing on forms to be supplied by the Union as soon

as a cancellation of an account becomes effective

where Union members are employed. The Employer

shall immediately notify the Union when it acquires

a new job.

When an Employer loses a Route job where

the employees are represented by the Union, the

Employer shall not only notify the Union, but shall

have an additional obligation to notify the employees

on such job that another Employer will be taking over

that job and that the employees should continue to

report to the job as previously scheduled. Any failure

to so notify shall make the Employer responsible for

any loss of wages.

The Employer shall be liable for any lost wages

and/or damages sustained by employees as a result

of the Employer’s willful failure to comply with the

job cancellation notice and/or new job notification

provisions of this Agreement.

6. For the purpose of determining the employees

employed by the Employer who should be members

of the Union under the terms of this Agreement,

the Union shall have the right to inspect all the

Employer’s records and books including, but not

limited to, the Employer’s Social Security reports, all

payroll reports, and any other record of employment

(except the salaries of non-union supervisors). The

Employer shall make such records available to the

Union upon request thereof. The Union shall have the

right to expedited arbitration in the event an Employer

fails to comply with this right of inspection. The

Health, Pension, Training, Legal and/or Supplemental

Retirement and Savings Funds (SRSF) shall have the

same right to inspect as the Union.

ARTICLE III

Discharge

Employees shall not be discharged by the

Employer except for justifiable cause. If an 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 Arbitrator may determine whether, and to what

extent, the employee shall be compensated by the

Employer for time lost.

Any employee who is discharged shall be

furnished a written statement of reasons for such

discharge not 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 IV

Checkoff

The Union does hereby authorize the Employer

and the Employer does hereby agree to deduct

monthly dues or agency fees, initiation fees, American

Dream Fund or Political Action Fund contributions,

any assessments, fines or other fees due to the Union

from each employee covered by this Agreement from

the wages due to each and every employee during

the term of this Agreement. The Employer agrees

that such deductions shall constitute Trust Funds that

will be forwarded by the Employer to the Union not

later than the twentieth (20th) day of each and every

month. It is understood and agreed that the Employer

will make such deductions and authorizations will be

signed by the employee affected, all in accordance

with the pertinent provisions of existing law. The

Union will furnish to the Employer the necessary

authorization forms.

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 twentyfirst (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 or wire transfer

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.

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, 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 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.

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 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 shall commence transmission by ACH 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 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 the 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.

ARTICLE V

Grievance Procedure

It is agreed that harmonious relations between the

parties require the efficient disposition of grievances.

1. The parties shall provide for a grievance

procedure to perform the following functions:

(a) To endeavor to adjust all issues not covered

by and not inconsistent with any provision of this

Agreement and which the parties are not required to

arbitrate under terms of this Agreement.

(b) To endeavor to adjust without arbitration any

issue between the parties which under this Agreement

the parties are obligated to submit to the Arbitrator.

The cost of administering Step II Grievance Meetings,

including the retention of a mediator to facilitate

resolution of grievances, shall be borne equally by the

RAB and the Union.

2. (a) The grievance may first be taken up

directly with a representative of the Employer and a

representative of the Union.

(b) If the grievance is not resolved it may

be presented for resolution at a Step II Grievance

Meeting. Counsel for the Union and Employer may

be present at any grievance procedure meeting.

of the grievance procedure it may be submitted to the

Arbitrator, who shall be authorized to take jurisdiction

upon the request of either party if there shall be

unreasonable delay in the processing of the grievance.

Except in extraordinary circumstances, the

parties will participate in a Step II Grievance Meeting

before a grievance proceeds to arbitration and the

scheduling of a Step II Grievance Meeting shall not

delay arbitration.

(d) Any grievance, except as otherwise provided

herein and except a grievance involving basic wage

violations, including Pension, Health, Training, Legal

and/or SRSF contributions as set forth in Article X,

shall be presented to the Employer and the RAB in

writing within 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,

or the Arbitrator finds one should be granted for good

cause shown.

(e) 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 (3) year

period prior to the filing of the grievance.

ARTICLE VI

Arbitration

1. There shall at all times be a Contract Arbitrator

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 the

parties are expressly required to arbitrate before the

Arbitrator under the terms of this Agreement. Nothing

in this Agreement shall preclude deferral where the

National Labor Relations Act (“NLRA”) provides for

deferral.

2. The fee of the Contract Arbitrator and all

reasonable expenses involved in the Arbitrator’s

functions shall be borne fifty percent (50%) by the

Employer and fifty percent (50%) by the Union,

except that in the event the Employer is in violation

of any obligation under the provisions relating to the

Health, Pension, Training, Legal and/or SRSF Funds,

wages, dues and initiation fees, or any other violations

involving damages, then the Employer shall pay the

full fee of the Contract Arbitrator and all expenses

in connection with the arbitration of the dispute,

including, but not limited to, counsel fees, auditor’s

fees, arbitration costs and fees and court costs, plus a

minimum of fifteen percent (15%) per annum on all

monies awarded by the Contract Arbitrator.

3. The Arbitrator shall initially schedule a

hearing after either party has served written notice

upon the other that the grievance procedure has not

resulted in an adjustment. The oath-taking and the

period and the 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.

The Arbitrator’s award shall be made within

thirty (30) days after the hearing closes. If the

Arbitrator shall fail to render a written award within

said thirty (30) day period, either party may serve a

written demand upon the Arbitrator that the award

must be made within ten (10) days after said demand.

The decision shall be rendered within such

additional ten (10) day period unless the parties consent

to an extension in writing or an illness of the Arbitrator

delays such decision. By mutual consent, the time of

both the hearing and decision may be extended in a

particular case. In the event of a willful default by

either party in appearing before the Arbitrator, after

due written notice shall have been given to such party,

the Arbitrator is authorized to render an award upon

the testimony of the adversary party.

Due written notice means mailing, faxing or hand

delivery to the address of the Employer furnished to

the Union by the RAB.

4. The procedure herein outlined in respect

to matters over which the Contract Arbitrator has

jurisdiction shall be the sole and exclusive method

for the determination of all such issues, and said

Arbitrator shall have the power to grant any remedy

required to correct a violation of this Agreement,

including, but not limited to damages and mandatory

orders, and said Arbitrator shall have the further power

in cases of willful violations (violations reflective of

a deliberate intent to violate this Agreement) to award

appropriate remedies, including, but not limited to,

damages, all costs and expenses incurred by the Union

in the processing of the grievance and arbitration

proceedings, and to issue mandatory orders, the

award of the Arbitrator being final and binding upon

the parties and the employee(s) involved; provided,

however, that nothing herein shall be construed to

forbid either of the parties from resorting to court for

relief from, or to enforce rights under, any arbitration

award.

5. In any proceeding to confirm an award, service

may be made by registered or certified mail within or

without the State of New York as the case may be.

6. 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, in 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.

7. Grievants attending grievances and

arbitrations during their regularly scheduled hours

shall be paid during such attendance. If the Union

requires any 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.

8. No more than one adjournment per party shall

be granted by the Arbitrator without the consent of the

opposing party.

9. 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.

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.

10. There is presently an Office of the Contract

Arbitrator-Building Service Industry as contract

arbitrator for all disputes. It is agreed by the parties

hereto that the arbitrators serving such office shall also

serve as contract arbitrators under this Agreement.

The arbitrators currently are:

John Anner

Stuart Bauchner

Melissa Biren

Dean Burrell

Howard C. Edelman

Deborah Gaines

Gary Kendellen

Randi Lowitt

Earl Pfeffer

David Reilly

Haydee Rosario

William Schecter

Julie Torrey

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 substitute

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 equally in a manner determined by the

Union and the RAB.

ARTICLE VII

Strikes, Stoppages, Lockouts

1. There shall be no work stoppage, strike,

lockout or picketing, except as provided in Article I,

Section 2 and Section 2, 3 and 7 of this Article. If

this provision is violated, the matter may be submitted

immediately to the Arbitrator.

2. If an Arbitrator’s award or a judgment

against any Employer is not complied with within

three (3) weeks after such award or notice if such

judgment is given pursuant to law, is sent by

registered or certified mail to the Employer, at its last

known address, the Union may order a stoppage of

work, strike or picketing to enforce such award or

judgment and it may also compel payment of lost

wages to any employee for the period such employee

engaged in such activity. Upon compliance with the

award or judgment and payment of lost wages, such

activity shall cease.

3. The Union may order a work stoppage, strike

or picketing where fairly claimable bargaining unit

work is being performed by persons outside of the

bargaining unit, provided that seventy-two (72) hours

written or facsimile notice is given by either hand

delivery or by facsimile to the Employer and the RAB

of the Union’s intention to do so.

4. 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.

5. No employee covered by this Agreement

shall be required by the Employer to pass a lawful

picket line established by any local of the Service

Employee International Union in an authorized

strike, including a lawful picket line established

by Local 32BJ pursuant to an authorized strike at

another job location.

6. The Employer will not do the work of the

striking employees if the Union is conducting an

authorized strike.

7. The Employer shall provide staffing

information to the Union upon its request for any job

which it currently services within four (4) business

days of the request. In the event that such information

is not provided, the Union shall have the right to

engage in a work stoppage until such information is

supplied. During the period of work stoppage, the

employees shall continue to receive their regular

wages and benefits.

8. 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 VIII

Duration

This Agreement shall be effective January 1,

2020 and shall expire on December 31, 2023.

With respect to guards, this Agreement shall be

extended to April 30, 2024, 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, 2024, 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 1, 2024,

provided that in the event of a strike by the Union upon

expiration of either the RAB Commercial Building

Agreement or RAB Contractors Agreement and prior

to February 1, 2024, engineers shall not assume or

perform the duties of non-engineering employees.

Upon the expiration date of this Agreement as set

forth above, this Agreement shall thereafter continue

in full force and effect for an extended period until

a successor Agreement shall have been executed.

During the extended period, all terms and conditions

hereof shall be in effect subject to the provisions of this

paragraph. During the extended period, the RAB and

the Union shall negotiate for a successor Agreement

retroactive to the expiration date, and all benefits and

improvements in such successor Agreement shall be

retroactive, if such Agreement shall so provide. In the

event the parties are unable to agree upon terms of

a successor Agreement, either party, upon three (3)

days written notice to the other party, may cancel this

Agreement.

ARTICLE IX

Multi-Employer 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.

2. If there is a bona fide sale of any member

Employer or if there is a sale of customers or jobs,

the successors to such business may, unless they

have otherwise indicated their intention not to be

bound by this Agreement, join the RAB and adopt

this Agreement within forty-five (45) days after such

acquisition, provided the successor Employer is not

already bound by another agreement with the Union.

In the event the successor Employer is signatory to an

agreement with the Union other than this Agreement,

the Employer shall remain bound to the terms of that

agreement until its expiration date. If such Employer

joins the RAB it may adopt this Agreement and be

fully covered by its terms after expiration of its other

agreement and before execution of a new contract

provided:

(a) Notice in writing is given to the Union

of such adoption prior to the expiration of the other

contract;

(b) Such Employer is not in default under the

other contract; and

3. Employers who are newly organized by

the Union 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.

4. Where the time limits provided for in this

Article are not complied with, this Agreement shall

not be applicable to such Employer unless the Union

agrees to such commitment in writing.

5. 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.

ARTICLE X

Health, Pension, Training, Legal and

Supplemental Retirement & 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 such 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, 2020, the rate of

contribution to the Health Fund shall be $20,496.00

per year for each covered employee, payable when

and how the Trustees determine.

3. Effective January 1, 2021, the rate of

contribution to the Health Fund shall be $21,240.00

per year for each covered employee.

4. Effective January 1, 2022, the rate of

contribution to the Health Fund shall be $22,188.00

per year for each covered employee.

5. Effective January 1, 2023, the rate of

contribution to the Health Fund shall be $23,196.00

per year for each covered employee.

6. The parties agree that if there is governmental

healthcare 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

healthcare reform legislation or any future

governmental healthcare 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) requires 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 healthcare 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. Any Employer who has a plan in effect prior

to the effective date of this Agreement which provides

health benefits the equivalent of, 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 RAB cover its employees under

its existing plan in lieu of this Fund. If the Trustees

decide the existing plan does not provide equivalent

benefits, but does provide health benefits superior to

one or more types of health benefits under this Fund,

the Employer may participate in the Fund wholly, or

partially for hospitalization and/or surgical coverage,

and make payments to the Fund in the amount

determined by the Trustees uniformly for all similarly

participating Employers.

8. 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.

9. 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 $70 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 cost-trends, 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 be comprised

of the President of the RAB and the President of the

Union, or their designees, and the RAB and 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 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 is 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.

10. If during the terms 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 an 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 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. Effective January 1, 2020, the rate of

contribution to the Fund shall be $118.75 per week

for each covered employee, payable when and how

the Trustees determine.

3. Effective January 1, 2021, the rate of

contribution to the Fund shall be $122.75 per week

for each covered employee.

4. Effective January 1, 2022, the rate of

contribution to the Fund shall be $126.75 per week

for each covered employee.

5. Effective January 1, 2023, the rate of

contribution to the Fund shall be $130.75 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.

6. Any Employer who becomes a party to this

Agreement and who immediately prior thereto has

a pension plan in effect which provides benefits

equivalent to or better than the benefits provided

herein, may, upon agreement of the Union and 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.

7. 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.

8. 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 6 of

this Article. Notice of the pendency of any such action

shall be given to the Employer who may defend the

action on behalf of the indemnitee.

9. 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, then 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

1. 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.

2. Effective January 1, 2020, the rate of

contributions to the Thomas Shortman Fund shall be

$169.60 per year for each covered employee, payable

when and how the Trustees determine.

3. The Thomas Shortman Fund may establish

a program to insure on-the-job safety and to assist

employees in other adjunct functions relating to their

employment, provided that such programs shall meet

the requirements of law.

D) LEGAL SERVICES FUND

1. 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.

2. Effective January 1, 2020, 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.

3. Effective January 1, 2023, 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.

E) SUPPLEMENTAL RETIREMENT AND

SAVINGS FUND

1. The Employer shall make contributions to

a trust fund known as the “Building Service 32BJ

Supplemental Retirement and Savings Fund” 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 tax exempt 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.

2. Effective January 1, 2020, 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

in 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 Fund’s 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

Supplemental Retirement and Savings Fund payments

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 which 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 by their Employer has a collective

bargaining agreement with the Union. Any dispute

about the Union’s jurisdiction shall be settled by the

Presidents of the Union and RAB.

3. There shall be no Employer contribution

to the Funds on behalf of employees during their

first ninety (90) days of employment, except as

provided in Article XVI, Section 12(b), with respect

to the Building Service Pension and Supplemental

Retirement and Savings Funds.

4. The parties agree that the Presidents of the

Union and RAB may determine, in the Presidents’

discretion and upon mutual consent, prior to the

beginning of any calendar year to divert any portion

of the scheduled contributions in any of the Funds to

any other Funds.

ARTICLE XI

Classification and Wages

A) 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.

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 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 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.

B) WAGES

1. Effective January 1, 2020, each employee

covered by this Agreement shall receive a wage

increase of $0.65 for each regular straight-time hour

worked.

2. Effective January 1, 2021, each employee

covered by this Agreement shall receive a wage

increase of $0.70 for each regular straight-time hour

worked.

3. Effective January 1, 2022, each employee

covered by this Agreement shall receive a wage

increase of $0.70 for each regular, straight-time hour

worked.

4. Effective January 1, 2023, each employee

covered by this Agreement shall receive a wage

increase of $0.825 for each regular, straight-time hour

worked.

5. 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 sub-paragraphs (1) through (4).

6. Minimum wage rates shall be those set forth

in the tables on pages 164 -171 hereof, increased

accordingly to reflect the above increases in each

category of work.

7. Effective January 1, 2021, in the event that the

percentage increase in the cost of living [Consumer

Price Index for the City of New York – Metropolitan

Area (New York-New Jersey) Urban Wage Earners

and Clerical Workers] from November 2019 to

November 2020 exceeds 6.5%, then, in that event, an

increase of $.10 per hour for each full 1% 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, 2021. In no event shall said increase

pursuant to this provision exceed $.20 per hour. In

computing increases in the cost of living above 6.5%

less than .5% shall be ignored and increases of .5% or

more shall be considered a full point. Any increases

hereunder shall be added to the minimum.

Effective January 1, 2022, in the event that the

percentage increase in the cost of living [Consumer

Price Index for the City of New York – Metropolitan

Area (New York-New Jersey) Urban Wage Earners

and Clerical Workers] from November 2020 to

November 2021 exceeds 6%, then, in that event, an

increase of $.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, 2022. In no event shall said increase

pursuant to this provision exceed $.20 per hour. In

computing increases in the cost of living above 6%

less than .5% shall be ignored and increases of .5% or

more shall be considered a full point. Any increases

hereunder shall be added to the minimum.

Effective January 1, 2023, in the event that the

percentage increase in the cost of living [Consumer

Price Index for the City of New York – Metropolitan

Area (New York-New Jersey) Urban Wage Earners

and Clerical Workers] from November 2021 to

November 2022 exceeds 6%, then, in that event, an

increase of $.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, 2023. In no event shall said increase

pursuant to this provision exceed $.20 per hour. In

computing increases in the cost of living above 6%

less than .5% shall be ignored and increases of .5% or

more shall be considered a full point. Any increases

hereunder shall be added to the minimum.

8. In filling vacancies by replacements, the

replacement employee shall receive the same wages

as the employee replaced unless otherwise provided

in this Agreement (excluding guards hired on or after

January 25, 1978), excluding extra pay attributable to

years of service or special consideration beyond the

requirements of the job which the replacement is not

qualified to meet.

ARTICLE XII

Hours and Overtime

1. All employees shall be paid at the rate of

time and one-half for all hours worked in excess of

eight (8) hours per day or forty (40) hours per week,

whichever is greater.

2. Saturday and Sunday are premium days for

all employees (excluding guards hired on or after

January 25, 1978) and work performed on such days

shall be paid for at the rate of time and one-half the

regular, straight-time hourly rate of pay.

In determining whether an employee’s work shift

is to be considered as falling on Saturday or Sunday,

for the purpose of premium pay, 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.

The parties agree that where an Employer’s

normal business includes weekend operations,

the rationale for weekend premium pay may not

be present. Upon the RAB’s request, the Union

will consider whether operations at particular

locations warrant relief from the weekend premium

pay obligation, and if the Union agrees that the

circumstances warrant the relief, the Union and the

RAB may agree that weekend premium pay will not

be required.

In newly constructed buildings, employees

whose regular shifts include work on Saturday or

Sunday shall not receive weekend premium pay for

work on those days. This shall not affect eligibility

for other premium pay for which the employees

might otherwise qualify, including but not limited to

overtime pay.

3. The weekly working hours for elevator

operators and starters shall include two twenty (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

(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 straighttime pay for one-half (1/2) hour or be relieved onehalf (1/2) hour earlier. Employees working six (6)

hours per day, shall receive an additional twenty-five

(25) minutes straight-time pay or be relieved twentyfive (25) minutes earlier. Employees working five (5)

hours per day, 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.

This Section 3 shall not apply to employees

engaged in Route Work for whom relief periods and

luncheon recess shall continue as in the past.

4. Except for required relief periods and luncheon

recess, hours of work in each day shall be continuous

and no employee shall be required to take a relief

period or time off in any day in excess of the required

relief periods and said luncheon recess, without

having said excess relief period or time off charged as

working time. There shall be no split shifts.

5. Any employee called in to work by the

Employer for any time not consecutive with such

employee’s regular schedule shall be paid for at least

four (4) hours overtime.

6. 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.

7. No regular employees or their replacements

shall have their regular working hours reduced in

order to effect a corresponding reduction in pay.

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.

Employees required to work overtime shall be

paid at least one (1) hour at the applicable rate, except

for employees working overtime due to absenteeism

or lateness.

Any employee who has worked eight (8) hours

in 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 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. 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.

ARTICLE XIII

Management Rights and Obligations;

Seniority and Job Security

1. (a) The Union recognizes the right of the

Employer to direct and control its policies, subject to

the provisions of this Agreement.

(b) The Union and its members will cooperate

with the Employer within the provisions of this

Agreement to facilitate the efficient operation of jobs.

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 XVI, Section 26 (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 terminated pursuant to this section,

the Employer must raise the issue of transfer in such

termination arbitration.

(d) With respect to all jobs contracted for by

the Employer where members of the Union were

employed when the contract was acquired, it is

agreed that the Employer shall retain at least the same

number of employees, the same employees, under

the same work schedule and assignments including

starting times of each employee, except where this

is an appreciable decrease in the work to be done

according to the job specifications or the customer’s

requirements. Where the Employer commences

work on a job where a commercial superintendent

was employed pursuant to a Local 32BJ collective

bargaining agreement, the provisions of Article XVIII

of the Commercial Building Agreement regarding a

commercial superintendent’s wages, benefits, and

working conditions shall apply.

(e) The Employer shall not, on any job, decrease

the number of employees and/or the hourly work

schedule except where there is an appreciable

decrease in the work to be done according to the job

specifications or the customer’s requirements.

(f) In the event the Employer desires to decrease

the number of employees and/or hourly work schedule

on any job specified in (d) or (e) above, it must, before

doing so, request such decrease in writing from the

Union President and obtain the written consent of

the Union. The Union’s discretion with respect to the

granting or denying of such consents shall be absolute

and not subject to arbitration.

A reduction in force without the consent of the

Union shall be a violation of the Agreement and the

Employer shall be required to restore the work force

with full back pay and benefits to any employees laid

off. To the extent that employees were not laid off,

back pay or the remainder theretofore shall be divided

amongst the remaining employees in the building.

The arbitrator shall not grant any adjournments

of reduction in force cases without mutual consent.

(g) The Employer shall follow and be bound by

the rules of seniority of all members of the bargaining

unit theretofore employed on all jobs, in respect to

job security, promotion, accrued vacations and other

benefits.

(h) For any violation by the Employer of the

aforementioned provisions, which deal with the

necessity of obtaining the written consent of the Union

regarding any decrease in the number of employees

and/or hourly work schedules and maintenance of

conditions on all jobs, the Employer shall pay the

full fee of the Contract Arbitrator and all expenses in

connection with the arbitration of the dispute.

(i) Any Employer who adds employees to any

job in anticipation of being terminated from that job

shall be required to place the added employees on

its payroll permanently. These employees shall not

replace any regular employees already on the payroll

of the Employer.

(j) In the event the Employer reduces staff in any

job without the consent of the Union and subsequently

loses that job to another Employer, the Employer

making the reduction shall be responsible for the

wages and benefits, of all employees so reduced,

from the date of the unauthorized reduction, until

the current Employer is legally able to renegotiate its

contract with the customer. From that point forward,

the current Employer shall restore the staffing to its

original level.

(k) In the event that the Employer desires to

implement a reduction in work force among its

employees working in office buildings for any one of

the following reasons:

(1) a change in work specification or work

assignment which results in a reduction of

work;

(2) elimination of all or part of specified work;

(3) the tenant performing the work itself;

(4) introduction of technological advances;

(5) change in the nature or type of occupancy.

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 which 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 by the sixtieth (60th) day and the Employer

is still requesting a reduction in force, it shall serve

another written notice on the Presidents of the Union

and the RAB 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 or the RAB) the reduction in force may be

implemented as provided herein.

2. As to buildings where the building owner

and/or agent is committed to the 2020 Commercial

Building Agreement between the RAB and the Union

or the building owner and/or agent signed the 2020

Independent Office or Loft Agreement with the Union

and agrees to be bound thereby, all the terms of this

Agreement shall apply, except that the provisions of

this Article XIII, paragraph 2, subsections (a) through

(d) shall apply, however, these provisions shall not

apply to Route Work.

(a) HOURS – 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 the 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 five (5) consecutive days a week,

except for guards as defined in this Agreement.

(b) FLEXIBILITY – 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 workloads or

substantially alter duties so as to require any 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.

duty due to illness only on a scheduled workday

immediately before and/or only on the scheduled

workday immediately after a holiday shall not be

eligible for sick pay for said absent workday or

workdays.

(d) WORK OF ABSENTEES – Where through

absenteeism there are insufficient employees to

service the building, the Employer may:

(1) request service employees in the building

to work additional time over and above their work

schedule; or

(2) employ additional or extra employees to

perform the work (additional time over and above

work scheduled shall not be mandatory unless

the Employer cannot satisfactorily fill the work

requirements from service employees in the building

on a voluntary basis. In such event, work over and

above the regular work schedule shall be in reverse

order of seniority); or

(3) request employees in the building to

perform work of an absent employee, on a voluntary

basis, during their regular working hours.

Employees in the building assigned to perform

absentee work as described in subparagraph (3) hereof

shall be paid straight-time pay, in addition to their

regular daily pay, for each hour of work performed

in the absent worker’s section. Employees assigned

to perform absentee work under subparagraph (3)

hereof shall only be required to perform an amount

of work appropriate to the number of hours assigned,

e.g., if an employee is assigned to work one hour in an

absentee section which is normally cleaned in six (6)

hours. The employee shall only be required to do onesixth (1/6) of the normal work load in that section.

Employees performing absentee work under

subparagraph (1), (2), or (3) above shall be given

written instructions as to the work to be performed in

absentee sections upon the request of the Union.

This paragraph (d) shall not apply to employees

in newly constructed buildings.

(e) 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.

(f) LEAVES OF ABSENCE – Article XVI,

General Clauses, Section 14 notwithstanding,

employees who meet with accidents or become ill

shall not be entitled to a medical leave of absence

which exceeds six (6) months, subject to an extension

not exceeding an additional 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 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 job if there is good

cause shown.

This provision shall not apply to employees

who commenced a medical leave of absence prior to

March 1, 2002.

3. Section 2 above, shall not apply to “sole

occupant” buildings as defined in Article I, Section

7 (b).

4. Employees cannot be transferred from one

building to another building, or have their regular

work assignments or stations changed, without the

consent of the Union.

ARTICLE XIV

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) co-chairs, 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

co-chairs so direct. No action may be taken by the

Project except upon unanimous consent. Voting shall

be by blocks, the five Union-appointed Directors

collectively shall cast one vote, and the five RABappointed 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 which the Project may undertake

shall include, without limitation, monitoring of and/

or involvement with issues of mutual interest to the

industry and 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, 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 it 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 XV

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-by-project basis, wage and

benefit standards that accord with the needs of the

parties and are consistent with applicable law for

employees in 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 be comprised of an

equal number of persons appointed by the President

of the Union and the President of the RAB.

ARTICLE XVI

General Clauses

1. DIFFERENTIALS AND NO LOWERING OF

STANDARDS

Existing wage differentials among classes of

workers within a building shall be maintained. It is

recognized that wage differentials other than those

herein required may now or hereafter arise or exist

because of pay rates above the minimum required by

this Agreement.

All employees enjoying higher wages, higher

benefits or better working conditions than provided

for herein, either pursuant to a prior collective

bargaining agreement or otherwise, shall continue to

enjoy at least the same. This Article shall not apply

if the changes result from consolidations effectuated

under the terms of this Agreement or to guards hired

on or after January 25, 1978.

When an employee possesses considerable

mechanical or technical skill and devotes more than

seventy-five percent (75%) of 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 an employee shall

receive a wage of not less than ten dollars ($10.00)

per week above the contract minimum rate for a

handyperson.

It is understood that licensed engineers covered

under this Agreement shall constitute a separate

bargaining unit and shall 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.

If the Employer and the Union cannot agree upon

the rate of pay of such employee, or in cases where

an obvious inequity exists because of an employee’s

regular application of specialized abilities in such

employee’s work, the amount or correctness of the

differential may be determined by arbitration.

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 are applicable,

compensation shall be computed on the basis giving

the greatest amount.

3. HOLIDAYS

The following are the recognized contract

holidays:

Holiday 2020 2021 2022 2023

New Year Jan. 1 Jan. 1 Dec. 31 Jan. 2

Wed. Friday Friday Monday

Presidents Day Feb. 17 Feb. 15 Feb. 21 Feb. 20

Monday Monday Monday Monday

Good Friday Apr. 10 Apr. 2 Apr. 15 Apr. 7

Friday Friday Friday Friday

Memorial Day May 25 May 31 May 30 May 29

Monday Monday Monday Monday

Independence Day July 3 July 5 July 4 July 4

Friday Monday Monday Tuesday

Labor Day Sept. 7 Sept. 6 Sept. 5 Sept. 4

Monday Monday Monday Monday

Columbus Day Oct. 12 Oct. 11 Oct. 10 Oct. 9

Monday Monday Monday Monday

Thanksgiving Day Nov. 26 Nov. 25 Nov. 24 Nov. 23

Thurs. Thur. Thurs. Thurs.

Day after Thanksgiving Nov. 27 Nov. 26 Nov. 25 Nov. 24

Friday Friday Friday Friday

Christmas Day Dec. 25 Dec. 24 Dec. 26 Dec. 25

Friday Friday Monday Monday

Elective Holidays 2020 2021 2022 2023

Martin Luther

King, Jr. Day Jan. 20 Jan. 18 Jan. 17 Jan. 16

Monday Monday Monday Monday

Eid al-Fitr May 24 May 13 May 3 Apr. 22

Sunday Thurs. Tues. Sat.

Yom Kippur Sept. 28 Sept. 16 Oct. 5 Sept. 25

Monday Thurs. Wed. Monday

September 11 Sept. 11 Sept. 11 Sept. 11 Sept. 11

(Day of Remembrance) Friday Sat. Sunday Monday

Veterans Day Nov. 11 Nov. 11 Nov. 11 Nov. 11

Wed. Thur. Friday Sat.

For employees performing Route Work,

Lincoln’s Birthday and Election Day shall be

holidays in place of Good Friday and the day after

Thanksgiving.

There shall be one (1) additional holiday in each

contract year, which shall be Martin Luther King

Day, Yom Kippur, Eid al-Fitr, 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 Day as a contract holiday

and instead designate Columbus Day as an elective

holiday. The Employer may choose to designate

Martin Luther King 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.

For employees performing Building Work,

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 on or

before March 1 of each year.

For employees performing Route Work, the

Employer shall have the option of substituting

Good Friday and/or the Day after Thanksgiving for

Lincoln’s Birthday and/or Election Day, provided

notice is given to the Union on or before February 1

of each year.

The Employer shall post the 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

for employees performing Building Work and

Lincoln’s Birthday, Presidents Day, Columbus Day

and Election Day may be treated as personal days

rather than fixed holidays for employees performing

Route Work, under the following conditions:

(1) Prior to February 1st 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 seventy-five percent (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 a 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 inform in writing both the employee and

the Union by January 31st of such succeeding year

that such days are available and will be lost if not used

prior to July 1st of that year.

It is understood and agreed that whatever

holidays are negotiated between the Union and

the RAB in the successor agreement to the 2020

Commercial Building Agreement shall apply from

January 1, 2024, until the renewal of this Agreement.

Employees shall receive their regular, straighttime hourly rates for the normal 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, 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 onehalf the regular, straight-time rate.

Any regular, full time employee ill in any payroll

week in which a holiday falls shall receive holiday

pay or one day off if such employee worked at least

one day during said payroll week.

Any regular employee whose regular day off,

or one of whose regular days off, falls on a contract

holiday, shall receive an additional day’s pay

therefore, or, at the option of the Employer, shall

receive an extra day off with pay within a period of

ten (10) days prior to or ten (10) days after said regular

day off, provided that said extra day off is granted

in conjunction with the employee’s two regular

days off so that the employee receives a minimum

of three (3) consecutive days off. If the employee

receives the extra day off before the holiday and the

employee’s employment is terminated for any reason,

the employee need not compensate the Employer for

that day.

A holiday shall be considered as a day worked

for the purpose of computing overtime pay.

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 Section 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. WORK OF ABSENTEES

(a) In the event an employee is absent from work,

the employee’s specific assignment for a day shall be

reassigned to another employee or employees, and

such assignment shall be worked and paid for on

the basis of the same hours and pay of the original

assignment. The above language is interpreted as

follows:

The Employer must pay for the full amount of

hours that were regularly scheduled for the section or

space where an employee is absent. If the schedule

is six hours for the space, six employees must be

employed within their own regular schedule and get

one hour each. If four such employees be employed,

the four must be employed within their own regular

schedule and get 1-1/2 hours each. If three such

employees are employed, the three must be employed

within their own regular schedule and get two hours

each. If two such employees are employed, the two

must be employed within their own regular schedule

and get three hours each. This formula will apply on

a pro rata basis if the space is seven hours, five hours,

four hours, and so on, so that the Employer pays no

more or no less for the work schedule of the absent

employee.

(b) Extra time is to be rotated so that every

employee who wishes to work on extras will get the

proper amount due such employee.

reason an employee refuses to work on extras, such

employee must go to the bottom of the rotation list.

If the employee continues to refuse to work on extras,

such employee can be, on due notice from the Shop

Steward or the Union, taken off the rotation schedule.

(d) This Section 6 shall not apply to employees

in newly constructed buildings.

7. WORK SCHEDULES AND WORKLOADS

(a) If the Union initiates a grievance under

this Agreement relating to a work schedule and

requests the Employer to furnish a work schedule,

the Employer must promptly furnish to the Union

said work schedule in writing for all its employees.

This work schedule shall include, but not be limited

to, setting forth the number of work hours of each

employee, the square footage within each employee’s

area, the type and quality of work, and frequency of

performance of duties required for each employee.

(b) 1. The Employer shall not impose an unduly

burdensome workload on any employee covered

by this Agreement. The Union shall have the right

to grieve and arbitrate any workload complaints. If

the Arbitrator finds that the challenged workload

is unduly burdensome, the Arbitrator shall order a

reduction in such workload and other remedies the

Arbitrator deems appropriate.

2. The Employer shall not, in any building in

which it currently cleans or which it acquires in the

future, impose a productivity level on office cleaners

which exceeds an average of four thousand (4,000)

square feet per hour.

Average square feet per hour shall be computed

by dividing the total number of work hours per day

into the total cleanable square feet of the building.

This provision is intended to establish maximum

productivity rates and is not to be construed as

permitting the increase in productivity rates in

buildings where productivity rates are below the

maximum established herein.

3. In the event an Employer violates this Article,

it shall be required to reduce productivity rates to

conform to the maximum permitted hereunder and

pay to each employee it employs in the building an

amount equal to the employee’s wages multiplied

by the percentage that the average productivity rate

exceeds the maximum for the total period of such

violation.

4. In the event an Employer feels that there are

extenuating circumstances in a building which would

justify exceeding the maximum productivity rate,

it may request the President of the Union to waive

the maximum productivity rate in such building(s).

The President of the Union may, in the President’s

sole and complete discretion, grant or deny such

request. The President’s decision shall not be subject

to grievance or arbitration. No such request shall be

deemed granted unless it is in writing and signed by

the President of the Union.

8. SCHEDULES/RELIEF PERIODS

Overtime, Saturday, Sunday and holiday work

shall be evenly distributed so far as compatible with

efficient operation of the building, except where

Saturday or Sunday is a regular part of the workweek.

Preference for Saturday and Sunday work shall be

given to the regular, full-time employees.

It is recognized by the Employer that the present

practice with respect to rest periods for employees

shall continue.

9. RELIEF EMPLOYEES

Relief or part-time employees shall be paid the

same hourly rate as provided for full time employees

in the same occupational classification.

10. 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 preceding

day.

All of the payroll books kept by the Employer

must show the number of hours of straight time per

day, the number of hours of overtime per day, and the

hourly rate of pay.

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.

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 period, the

Employer shall be required to pay all employees by

cash or certified check.

Pay envelopes shall contain entries showing

the number of straight-time hours, the number of

overtime hours, all deductions and net pay.

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.

The Union recognizes that certain employees

and Employers desire to utilize a bi-weekly payroll

schedule. Employers recognize that bi-weekly pay

may create hardships for certain employees. The

parties have previously agreed to create an industrywide committee to study the bi-weekly pay issue.

The industry-wide committee is now authorized to

conduct pilot programs instituting bi-weekly pay at

any selected site(s) where the Union and the Employer

agree to institute bi-weekly pay.

11. SENIORITY AND LAYOFF

In the event of layoff due to reduction of force,

the inverse order of department or job classification

seniority shall be followed, except as provided

in Termination Pay, General Clause 26, with due

consideration for efficiency and special needs of a

department.

Except as provided hereafter, an employee laid

off as a result of reduction in force in a building may

bump the employee in the company with the least

seniority among employees covered by the respective

Building or Route Agreement.

However, an employee hired as a temporary

who works less than five (5) months may be laid off

if such temporary employee is the junior employee

in the building. In no event shall the temporary

employee have the right to bump another employee

from another building.

Continuity of employment for all purposes,

including, but not limited to, vacation, sick pay,

Service Center visits and termination pay, shall not

be broken unless the employee severs employment at

the building and with the Employer simultaneously.

Seniority of an employee shall be based upon

total length of service with the Employer or in the

building, whichever is greater, except as provided in

General Clause 17 (Vacations).

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.

The seniority date for all positions under the

Agreement shall be the date the employee commenced

working in the building for the Employer, building

agent and/or owner, regardless of whether there was a

collective bargaining agreement and regardless of the

type of work performed by the employee.

12. REPLACEMENTS, PROMOTIONS,

VACANCIES, TRIAL PERIOD 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 and appearance, where required, shall

also be considered. For the purpose of this provision,

employees already employed in the building shall be

deemed to include guards.

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.

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.

Floaters will be given preference in respect to the

filling of permanent jobs in one location.

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 of sixty (60) 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 eightyfive percent (85%) of the applicable minimum regular

hourly wage rate for the twenty-second (22nd) through

forty-second (42nd) months of employment. Upon

completion of forty-two (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 17(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 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 17(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 twenty-four (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 17(b) below).

Contributions to the Building Service Pension

Fund and Supplemental Retirement and Savings Fund

shall commence after 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 this Agreement (Article V and VI).

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 pay and all benefits

retroactive to the date of the 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 employee with full back pay and benefits

retroactive to the date of denial of hire.

13. RECALL

Any employee who has been employed for one

(1) year or more by the same Employer or in the

same building and who is laid off shall have the right

to recall, provided that the period of layoff of such

employee does not exceed six (6) months. Recall

shall be in the reverse order of the laid-off employees’

departmental or job classification seniority (i.e. the

most recently terminated employee in that department

shall have the first right of recall). 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.

The Employer shall notify by certified mail,

return receipt requested, the last qualified laid-off

employee, at such employee’s last known address, of

any job vacancy, and 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 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 subsequently 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 has a job

vacancy in a building where there are no qualified

employees on layoff status, the Employer 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.

14. SENIORITY AND VACATIONS IN

RELATION TO SICKNESS AND

ACCIDENT ABSENCE

(a) Employees who meet with accidents or

become ill shall be re-employed by the Employer

by whom they were employed at the time of such

accident or illness on the same job, or if the same job

no longer exists, on a comparable job if and when such

employee is in physical condition to resume work, and

such employee’s ability to work shall be determined

by the certificate of a duly licensed physician.

However, no employee shall be required to produce

a physician’s certificate unless absent for more than

seven (7) working days. The employee shall, in such

circumstances, when absent for more than four (4)

working days, give the Employer twenty-four (24)

hours notice of the intention to return to work. In the

event that the Employer challenges the validity or the

content of the physician’s certificate, the employee

shall be returned to the employee’s job but will be

required to submit within twenty-four (24) hours to an

examination by an impartial physician approved and

paid for by the parties. The certificate of the impartial

physician shall determine the issue of ability to

resume work. The provisions of this paragraph shall

survive the expiration of this contract.

(b) Such employees are to return to their job

with full seniority and full vacation credits provided,

however, that there shall be no duplication of vacation

payments made both to the employee returning to the

job and the returning-employee’s replacement other

than in cases where an employee could be entitled

to Workers’ Compensation notwithstanding the

fact that the employee has not collected Workers’

Compensation. In the above mentioned cases

where an employee would be entitled to Workers’

Compensation, the full vacation payment shall be

made to the injured employee, provided that the

injured employee shall collect only one (1) vacation

payment during such employee’s absence from

work. In the event that the employee returns to work

before September 16 in a succeeding calendar year

to the year in which the employee was injured, the

employee shall receive full vacation benefits for the

year the employee returns to work.

less than three (3) months in the September 16 to

September 15 period, then full vacation credits

for that period shall be paid to the sick or disabled

employee. If the sick or disabled employee (other than

pregnancy leaves and/or in the above mentioned cases

where an employee would be entitled to Workers’

Compensation) is out for more than three (3) months

in the September 16 to September 15 period, then said

employee shall receive accrued vacation benefits,

computed on the employee’s length of service and

time on the job, during the September 16 to September

15 period, with no deduction in vacation benefits for

the first three (3) months of absence.

15. LEAVE OF ABSENCE

1) All employees employed by the Employer

for five (5) years or more shall be granted a leave

of absence for a period of one hundred twenty (120)

days a year, including vacation time, at intervals of

three (3) years, without loss of employment, seniority

and/or vacation accruals. If a holiday should occur

during the above mentioned vacation, the employee

shall receive a normal day’s pay for said holiday,

but the period of leave of absence shall be reduced

by one (1) day for each holiday occurring during

said vacation period. The RAB will encourage its

members to cooperate in granting leaves of absences

for Union business.

Once during the term of this Agreement, an

employee with two (2) years but less than five (5)

years of service shall be granted a leave of absence

not to exceed one hundred twenty (120) days.

2) The above mentioned employees shall have

the right to a leave of absence at a time other than the

vacation period if an emergency exists (emergency

being defined for the purpose of this General Clause as

a death or a serious illness in the employee’s family)

for a period of one hundred twenty (120) calendar

days, exclusive of vacation time, at intervals of three

(3) years, without loss of employment, seniority and/or

vacation accruals. If a holiday should occur during the

above mentioned vacation, the employee shall receive

a normal day’s pay for said holiday, but the period of

leave of absence shall be reduced by one (1) day for

each holiday occurring during said vacation period.

3) The rights of the employees under this Clause

shall in no way limit the employee’s rights under

General Clause 36 (Death in the Family) and the

limitation of said General Clause 36 with respect

to “family” shall not be applicable to this Clause. If

an employee exercises rights under said Clause 36,

simultaneously with receiving a Leave of Absence

under this Clause, the total period of absence from

work shall in no event exceed one hundred twenty

(120) days.

4) Notice shall be given to the Employer of

the employee’s request for a leave of absence in the

following manner:

(a) If the leave of absence is to be taken at the

same time as the employee’s vacation, by ten (10)

days written notice to the Employer from the Union,

or ten (10) days written notice by certified mail from

the employee to the Employer and the Union.

(b) If the leave of absence is to be taken upon

the occurrence of an emergency, as above defined, the

notice shall be rendered in the same manner as above,

except that the period of notice shall be four (4) days

rather than ten (10) days.

5) (a) The maximum number of employees

entitled to a leave of absence in a given year shall

not exceed forty percent (40%) of the total number

of employees on a particular job and shall be granted

in accordance with shop seniority primarily and job

seniority secondarily.

If a particular job is staffed by one employee,

said employee will be entitled to the leave of absence.

If a particular job is staffed by two employees,

only one employee may receive the leave of absence

at a time.

(b) Employees who are not entitled to welfare

and pension benefits will not be considered in

computing the above mentioned forty percent (40%).

Notwithstanding this provision, these employees are

otherwise eligible for the leave of absence.

6) (a) The employee shall receive service

credits for the full period of leave of absence for

vacation, seniority and all other time purposes under

the Agreement.

(b) There shall be no contributions made by

the Employer to the Pension Fund for the period of

a leave of absence with respect to employees taking

such leaves. However, if such employees are replaced

during the leave of absence or any part thereof, the

Employer shall make contributions to the Pension

Fund for such replacements during the period of such

replacements. If there is no replacement, there shall

be no contribution by the Employer to the Pension

Fund during such leave for the employee on leave of

absence unless the Employer allocates the work of

those on leave to other employees, thus increasing

their customary working assignment, in which

event the Employer shall pay into the Pension Fund

for the number of excess hours times $2.969 up to

a maximum for such excess of $118.75 per week in

each individual case.

Effective January 1, 2021, such Employer

payment to the Pension Fund shall be the number of

excess hours times $3.069 up to a maximum for such

excess of $122.75 per week in each individual case.

Effective January 1, 2022, such Employer

payment to the Pension Fund shall be the number of

excess hours times $3.169 up to a maximum for such

excess of $126.75 per week in each individual case.

Effective January 1, 2023, such Employer

payment to the Pension Fund shall be the number of

excess hours times $3.269 up to a maximum for such

excess of $130.75 per week in each individual case.

7) 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 employee on leave due to Workers’

Compensation or disability shall continue to be

covered for health benefits without the necessity of

payment to the Employer in accordance with Article

X, paragraph A.

8) Employees on a leave of absence as provided

for herein shall not be entitled to claim New York

State Unemployment Insurance for the period of said

leave.

9) Employers shall provide family leave in

accordance with the coverage and requirements of

the NYS Paid Family Leave (“NYPFL”) 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 FMLA leave, applicable NYPFL leave

and/or applicable State or City law leave shall run

concurrently with the leaves of absence provided for

in Sections 14 and 16 of this Article.

10) The RAB will encourage its members to

cooperate in granting leaves of absence for Union

business.

16. PREGNANCY LEAVE

Pregnancy shall be treated as any other disability

suffered by an employee in accordance with

applicable law.

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.

17. VACATIONS

(a) Every employee employed 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 that an employee

would be entitled to on September 15 of the year in

which the vacation is given, subject to negotiation and

arbitration where the result is unreasonable.

Part-time employees regularly employed shall

receive proportionate vacation allowances based on the

average number of hours per week they are employed.

Firepersons who have worked substantially one

(1) firing 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.

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Firepersons who have been employed more

than one (1) full firing season in the same building or

by the same Employer shall be considered full-time

employees in computing vacations.

Regular days off and holidays falling during

the vacation period shall not be counted as vacation

days. If a 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 by the Employer on the job at the time unless

otherwise requested by the employee, who is entitled to

actual vacation and cannot instead be required to accept

money. However, if the Employer on the job when the

money is due is not in contractual relations with the

Union, the last Employer with whom the Union had a

contract will be responsible for vacation pay.

Any Employer who fails to pay in accordance

with this provision where the vacation has been

regularly scheduled shall pay an additional two (2)

days for each vacation week due at that time.

Employees regularly working overtime or on

premium days or required to work during their early

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relief time shall not suffer any reduction in wages

while being paid or scheduled for vacation time.

When compatible with proper operation of the

facility, choice of vacation periods shall be according

to seniority and confined to the period beginning

April 1 and ending September 15 of each year. These

days may be changed, and the third vacation week

taken at a separate time, by mutual agreement of the

Employer and the 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 (which may not be split) 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 during the next vacation period shall be

entitled to full vacation accrual allowance instead of

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on the basis of the elapsed period from the previous

September 16.

No employee leaving a position voluntarily

shall be entitled to accrued vacation pay unless the

employee gives five (5) working days termination

notice. Any employee who has received no vacation

and has worked at least six (6) months before leaving

the job shall be entitled to vacation accrual allowance

equal to the vacation allowance provided above.

Any Employer assuming this Agreement shall

be responsible for payment of vacation pay and

granting of vacations required under this Agreement

which may have accrued prior to the Employer taking

over the job, less any amounts paid or given for that

vacation year.

In the event that the successor Employer has

reason to believe that the predecessor intentionally

delayed vacations in order to avoid the obligation

to make vacation payments under this Agreement,

the successor must still make vacation payments

to employees, but may pursue a claim against the

predecessor Employer pursuant to the arbitration

provision of this Agreement in order to seek recovery

for payments made. In the event that the Employer

terminates its Employer-employee relationship under

this Agreement and the successor Employer does not

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have an Agreement with the Union providing for at

least the same vacation benefits, the Employer shall

be responsible for all accrued vacation benefits.

(b) A person hired solely for the purpose of

relieving employees for vacation shall be paid sixty

percent (60%) of the minimum applicable regularly

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 person, 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-two (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.

No contributions to any Benefit Funds shall be

made for a vacation relief person. Vacation relief

persons are not eligible for 32BJ Benefit Fund

coverage.

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18. VACATION REPLACEMENTS

(a) With respect to vacation replacements, the

Employer, at its discretion, may elect to cover the

space of the employee on vacation with less than

the regular scheduled working hours. In this event,

the employee on vacation shall receive, upon return,

either seven and a half (7 1/2) hours additional pay

(one and a half (1 1/2) hours per day for the next five

(5) succeeding days without being compelled to work

beyond the employee’s regular shift hours) or two

(2) extra days vacation. This extra compensation or

vacation is for the purpose of assuring the space is in

proper and good condition.

(b) This extra compensation or vacation shall

apply only to those employees whose length of

service entitles them to nine (9) or more days vacation

and only when the regular area has been cleaned in

less than the regularly scheduled hours.

paragraph shall not be used for the purpose of

effecting a speed up or be deemed for the purpose of

downgrading cleaning services.

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19. DAY OF REST

Each employee shall receive at least one (1) full

day of rest in every seven (7) days.

20. UNIFORMS AND OTHER APPAREL

(a) On all jobs with three (3) or more employees,

the Employer shall supply and maintain uniforms

for such employees. The Employer shall also supply

and maintain uniforms for all employees working as

restroom attendants.

(b) On all jobs where the Employer has been

supplying and maintaining uniforms for such

employees, the Employer will continue to supply and

maintain uniforms for such employees.

a week.

(d) All uniforms must be maintained in a good

and serviceable condition by the Employer at all

times.

(e) Employees doing outside work shall be

furnished adequate wearing apparel for the purpose.

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(f) All uniforms shall be appropriate for the

season.

21. 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.

22. LOSS OF EMPLOYEES’ PROPERTY

Employees shall be reimbursed for loss of personal

property caused by fire or flood in the building.

23. EYEGLASSES AND UNION INSIGNIA

Employees may wear eyeglasses and the Union

insignia while on duty.

24. BULLETIN BOARD

A bulletin board shall be furnished by the

Employer exclusively for union announcements and

notices of meetings.

25. SANITARY ARRANGEMENTS

Adequate sanitary arrangements shall be

maintained in every building, and individual locker

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and key thereto and restroom key, where restroom

is provided, and soap, towels and washing facilities

shall be furnished by the Employer for all employees.

The restroom and locker room shall be for the

exclusive use of employees servicing and maintaining

the building.

26. 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

technological advances, including conversion of

elevators to automatic operation, the employee shall

receive, in addition to accrued vacation, termination

pay according to service in the building or with the

Employer as follows:

Employee with: Pay:

5 and less than 10 years ………………..1 week wages

10 and less than 12 years………………2 weeks wages

12 and less than 15 years………………3 weeks wages

15 and less than 17 years………………6 weeks wages

17 and less than 20 years………………7 weeks wages

20 and 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 ceased working because of the certified

disability.

(b) In case of termination of employment because

of technological advances, including conversion

of elevators to automatic operation, the employee

shall receive, in addition to any accrued vacation,

termination pay according to years of service in the

building or with the Employer as follows:

Employee with: Pay:

5 and less than 10 years ……………….2 weeks wages

10 and less than 12 years………………4 weeks wages

12 and less than 15 years………………5 weeks wages

15 and less than 17 years………………7 weeks wages

17 and less than 20 years………………8 weeks wages

20 and less than 22 years………………9 weeks wages

22 and less than 25 years……………. 10 weeks wages

25 years or more……………………… 11 weeks wages

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, and so on until accepted). If no

employee accepts the offer, the least senior employee

or employees of the Employer based upon company

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wide seniority shall be terminated and shall receive

applicable termination pay.

(d) “Week’s pay” in the above paragraph 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, such employee shall be entitled to termination

pay for the period of their full time employment,

and if the employee accepts termination pay, such

employee shall be considered a new employee for

seniority purposes.

(e) Any employee accepting termination pay

who is rehired in the same facility or with the same

Employer shall be considered a new employee for all

purposes, except as provided in the recall clause.

(f) For the purpose 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.

(g) The obligation to pay termination pay

hereunder shall be borne by the last Employer with

whom an employee entitled to termination pay was

employed.

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27. 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

summonses regarding building violations.

28. DAMAGE OR BREAKAGE

It is agreed that employees shall not be held

liable for any damage or breakage occasioned by

them in the course of their employment or for damage

or loss of equipment.

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29. MILITARY SERVICE

All statutes and valid regulations about

reinstatement and employment of veterans shall be

observed.

30. 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, union membership 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, New Jersey Law Against

Discrimination, New Jersey Conscientious Employee

Protection Act, Connecticut Fair Employer Practices

Act, or any other similar laws, rules or regulations.

All such claims shall be subject to the grievance and

arbitration procedure (Article V and VI) as the sole

and exclusive remedy for violations. Arbitrators shall

apply appropriate law in rendering decisions based

upon claims of discrimination.

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(B) No-Discrimination Protocol

(1) Protocol1

The parties to this Agreement, the Union

and 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 refrain 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, whenever they

arise. The Union and RAB want those covered by this

Agreement and any individual attorneys representing

them to be aware of this Protocol.

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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(2) Mediation

(a) 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 timebarred. The Notice of Claim must be filed with the

administrator of the Office of the Contract Arbitrator

(“OCA”), which currently has an address of 370

Seventh Avenue, Suite 301, New York, NY 10001.

(b) Promptly following receipt of the 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

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mediations and significant knowledge of employment

discrimination statutes. The Mediation Panel shall

be a distinct panel from the Contract Arbitrator

Panel (see 2018 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 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.

Mediation Panel. Such appointments shall be made

by a random selection (e.g. “spinning the wheel”) of

available panel members.

(d) Within 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,

and 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

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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 inperson, 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 subsequent proceeding in the

arbitrator’s discretion.

(e) 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.

(f) 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.

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(g) 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.

(h) 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.

(i) The fees of the Mediator shall be split equally

between the Union and the RAB. The Union and

RAB shall provide language interpreters at their

jointly shared cost.

(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), to arbitration.

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.

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 dispute as

provided for in the collective bargaining agreement,

but, instead, will provide only the services set out in

section (3) of this Protocol.

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(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

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 the 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

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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.

Notice must be mailed by first-class certified mail,

return receipt requested at least 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.

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.

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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-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 anti-harassment, antidiscrimination, anti-bias and anti-retaliation 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 under-represented groups, and (ii) to seek the

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continued prevention of sexual harassment in the

commercial industry.

31. PLACEMENT / EMPLOYMENT

AGENCY FEE

No employee shall be employed through a feecharging agency unless the Employer pays the full

fee.

In the event the Union shall establish a Hiring

Hall, upon sixty (60) days written notice to the RAB,

the foregoing paragraph shall be replaced with the

following paragraph:

The Employer agrees that if it shall require

employees in the classifications of employment

covered by this 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 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 on the open market. The facilities of the

Hiring Hall operated by the Union shall be made

available to both members and non-members of the

Union. The Union warrants that, in the operation of

said Hiring Hall and in referrals to the Employer, it

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will not discriminate against any individual applicant

for employment.

32. 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. Any such employee shall receive thirty

(30) days notice of discharge, except where there

is a discharge for a serious breach of employment

contract.

33. 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.

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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.

Others – Includes elevator operators, porters,

fire safety directors and all other service employees

in the building under the jurisdiction of the Union

except those classifications specified above.

A “regular, full-time employee,” unless otherwise

specified, shall be defined as one who is regularly

scheduled to work five (5) days per week.

All references to the male or female gender shall

be deemed gender-neutral.

34. 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 as time worked for the

purpose of computing overtime pay.

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35. GARNISHMENTS

No employee shall be discharged or laid off

because of the service of an income execution, unless

in accordance with applicable law.

36. DEATH IN THE FAMILY

A regular, full-time 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 of 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.

37. UNION VISITATION

Union representatives shall, at all times, be

permitted to confer with the employees in the service

of the Employer.

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38. 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

qualifying or serving on said jury with the 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.

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.

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39. IDENTIFICATION

Employees may be required to carry with them

and exhibit proof of employment on the premises.

40. SERVICE CENTER VISIT

Every regular, full-time employee who has been

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

shall be entitled, upon one (1) week 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 benefit funds for the purpose of conducting

business at the benefit fund 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 the office requires such a 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. To receive

payment for such day(s), the employee shall exhibit a

signed statement from the benefit fund office.

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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 paragraphs,

such employee may use any unused sick days for that

purpose.

41. DEATH OF EMPLOYEE

If an employee dies after becoming entitled to,

but before receiving, any wage or pay 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 any benefits where the rules and

regulations of the Health, Pension, Legal, Training

and SRSF Funds govern.

42. GOVERNMENTAL DECREE

If because of legislation, governmental decree or

order, any increase or benefit is in any way blocked,

frustrated, impeded or diminished, the Union may

upon ten (10) days notice require negotiation with the

RAB 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 Employer.

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In the event that any provision of this contract

requires approval of any governmental agency, the

Employer shall cooperate with the Union with respect

thereto.

43. WEATHER CONDITIONS

Where extreme cold or hot weather causes

hardship to the employees in the performance of

their normal duties, the Union has the right to request

the Employer to revise work schedules so as to give

employees such advantage of retained heat or cold as

may be compatible with the efficient operation of the

building.

44. DISABILITY BENEFITS LAW/

UNEMPLOYMENT INSURANCE LAW

(a) 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 non-contributory basis, and also

under the New York State Unemployment Insurance

Law, whether or not such coverages are mandatory.

(b) Failure to so cover employees makes the

Employer liable to an employee for all loss of benefits

and insurance.

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in processing their claims and shall supply all

necessary forms, properly addressed, and shall post

adequate notice of places for filing claims.

(d) 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.

(e) Any employees required to attend their

Workers’ Compensation hearing shall be paid for their

regularly scheduled hours during such attendance.

(f) Any cost incurred by the Union to enforce

the provision of this Article shall be borne by the

Employer.

(g) 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.

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45. SICKNESS BENEFITS

(a) Any regular employee with at least one (1)

year of service (as defined in Section (c) below) in the

facility or with the same Employer shall receive in a

calendar year from the Employer ten (10) paid sick

days for bona fide illness.

Any employee entitled to sickness benefits shall

be allowed five (5) single days of paid sick leave per

year taken in single days. The remaining five (5) days

of paid sick leave may be paid either for illnesses of

more than one (1) day duration or may be counted as

unused sick leave days.

The employee shall receive the above sick

pay whether or not such illness is covered by New

York State Disability Benefits and/or Workers’

Compensation Benefits; however, there shall be no

pyramiding or duplication of Disability Benefits and/

or Workers’ Compensation with sick pay.

(b) 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 full day’s pay for each unused sick day.

Any employee who has a perfect attendance

record for the calendar year shall receive an

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attendance bonus of $125.00 in addition to payment

of the unused sick days.

For the purpose of that provision – perfect

attendance shall mean that the employee has not used

any sick days (except Union-paid, Union-sponsored

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.

The Employer at the end of the calendar year

(December 31st) shall be responsible for paying all

unused sick pay.

employment shall be reached on the anniversary date

of employment.

Employees who complete one (1) year of service

after January 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 on a regular

schedule. Those employed less than forty (40) hours a

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week on a regular basis shall receive a pro rata portion

of sickness benefits provided herein computed on a

forty (40) hour work week.

(d) 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.

(e) The parties agree that on an annual basis the

paid leave benefits provided regular employees under

this Agreement 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. Therefore, the provisions of that Act are hereby

waived.

46. AUDITING

Where an Employer has received written notice

from the Union that it is delinquent with respect to

either wage payments, welfare payments, pension

payments or dues, initiation fees or other monies, that

Employer is to be given thirty (30) days within which

to correct any deficiency on Employer’s books. After

the thirty (30) day period, the Union may audit the

133

books of that Employer. If the audit shows that the

Employer has corrected any and all violations, then

it shall not be regarded as “willful,” and the audit

shall be paid for by the Union. If, on the other hand,

the audit shows that said Employer has not corrected

all violations, then it shall be regarded as “willful,”

and the Employer shall be made to pay the costs of

the audit and also pay the other items agreed upon as

“damages,” plus fifteen percent (15%) interest.

47. CONSOLIDATION OF JOBS

(1) The Employer shall make every effort to

consolidate jobs wherever it is feasible to do so, in

order that Employer’s employees will be covered by

the Health and Pension Funds under Article X.

(2) If the Union finds that an Employer has

failed to effect a job consolidation which the Union

considers feasible, the Union may request such

consolidation from the Employer in writing. If the

Employer fails to effect the requested consolidation

within fifteen (15) days after receipt of the Union’s

notice, it shall be required to make payments into the

32BJ Health and Pension Funds which are sufficient

to cover the employees in question, unless, during the

said period, the Employer invokes the provisions of

Section 3.

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(3) Whenever an Employer believes that it would

not be feasible for it to effect a job consolidation

requested by the Union, or that it requires some other

type of relief, such as additional time in which to

effect the consolidation, Employer may communicate

with the Union in writing, setting forth Employer’s

reasons in detail. The Union may then afford the

Employer some or all of the requested relief by means

of a written notice. If the Union rejects the Employer’s

request, it must do so in writing, and the Employer

shall effect the requested consolidation within fifteen

(15) days after receipt of the Union’s notice, or it

shall be required to make payments into the 32BJ

Health and Pension Funds which are sufficient to

cover the employees in question, unless, during the

same period, the Employer invokes the provisions of

Section 4.

(4) If the Employer still believes that it would

not be feasible for it to effect the job consolidation

request by the Union, it may submit the matter directly

to the Contract Arbitrator. In making the award, the

Arbitrator shall take into consideration the following

factors:

(a) The primary purpose is to provide health

and pension coverage for the maximum number

of employees under this Agreement and to prevent

circumvention with respect to such coverage.

135

(b) (1) Inability to do a job in more than a

prescribed number of hours because of the conditions

prevailing on the job, coupled with the fact that other

work cannot be made available to the employee or

because jobs are so isolated as to make it impracticable

to consolidate.

(2) Refusal of employees to work more than

the assigned number of hours and the inability of the

Employer to replace such employee with employees

who are willing to work longer hours.

(3) If the Arbitrator should find that an

Employer’s refusal to consolidate was in willful

violation of the criteria set forth, the Arbitrator may

require payments into the Health, Pension, SRSF,

Training and/or Legal Funds on a retroactive basis.

48. PERSISTENT CONTRACT VIOLATORS

The parties will discuss remedies appropriate

to persistent contract violators for incorporation into

the Agreement and whatever is agreed upon shall

be in a supplemental memorandum as part of the

Agreement.

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49. SAFE AND HEALTHY WORKING

CONDITIONS

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.

50. GENERAL PROVISIONS WITH RESPECT

TO THIS AND OTHER AGREEMENTS

To protect and preserve, for the employees

covered by this Agreement, all work they have

performed and all work covered by this Agreement,

and to prevent any device or subterfuge to avoid the

protection and preservation of such work, it is agreed

as follows:

If the Contractor performs work of the type

covered by this Agreement, under its own name or

the name of another, as a corporation, company,

partnership, or other business entity, including a joint

venture, wherein the Contractor, through its officers,

directors, partners, owners or stockholders exercises

directly or indirectly (including but not limited to

management, control or majority ownership through

family members), management, control or majority

ownership, the terms and conditions of this Agreement

shall be applicable to all such work.

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The Employer shall submit to the Union a list

of the names of its subsidiaries and affiliates. This

list shall include all trade, corporate and partnership

names. Should there be a violation of this provision,

then the Arbitrators named herein shall have the

power to award as damages the difference between

the amount that would have been due to the employee

and the Union under this contract and the amounts

actually paid, all to be paid effective retroactively to

the beginning of such employment.

51. 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 Governor of the State of New York

directs the citizens of the City not to report to work.

The Employer shall not be liable for loss of pay for

more than the first full day affected by such Act of

God or common disaster. Employees necessary to

maintain the safety and 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

to alternate transportation shall not qualify for such

pay. The term “public transportation” as used herein

shall include buses and trains.

138

52. CUSPIDORS

Employees will not be required to clean cuspidors.

53. LIE DETECTOR

The Employer shall not require, request or

suggest that an employee or applicant for employment

take a polygraph or any other form of lie detector test.

54. SNOW REMOVAL

In the event an employee is required to remove

snow, such employee shall be furnished adequate

clothing and equipment by the Employer.

55. NO SUBCONTRACTING

There shall be no subcontracting of bargaining

unit work during the term of this Agreement.

56. FIRE SAFETY DIRECTOR

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.

139

The Employer shall have the right to designate

the EAP Coordinator, Fire Safety Director and

Assistant and/or Deputy Fire Safety Director.

57. SECURITY BACKGROUND CHECKS

All employees shall be subject to security

background checks at any time. 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. The Employer shall

pay all costs of any security background checks,

including pre-employment 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 Union as necessary

for the administering of this Agreement.

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 the safety or welfare of specific individuals

or the general public or constitute a violation of any

140

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 XIII, Section 1 (c) shall apply.

58. 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.

59. VETERAN TRANSITION ASSISTANCE

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

141

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 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.

60. 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 its

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.

61. NOTICES TO UNION

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 unless

otherwise specified.

142

62. 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 renegotiation of any matter covered or

not covered by the provisions hereof.

63. 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 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 notice to the Employee(s)

and Employee’s counsel, as appropriate.

(b) Initiation of mediation shall be required

only of Employees who are (or who will seek to be)

143

plaintiffs in an individual or multi-plaintiff 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.

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

wage and hour claims without first submitting to the

mediation process described in this section and the

Employer seeks to enforce the 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.

144

(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 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 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.

145

(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.

146

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

Kyle Bragg

President

147

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Reserved Question on Mandatory Arbitration for Statutory

Discrimination Claims

Dear Kyle:

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

148

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, in

New York City.

In 2010, the parties initiated the No-Discrimination Protocol. The No

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 of the 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 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.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

149

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Retail and Non-Commercial Locations

Dear Kyle:

The parties agree to establish a committee consisting of the RAB and

Union representatives to discuss wage rates, benefit packages and other

terms and conditions of employment for all retail and related locations

(as enumerated in Article I, Section 2 of the Contractors Agreement).

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

150

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: No-Strike Provision

Dear Kyle:

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

VII, paragraph 8 of the Contractors 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 VI, or in any

other forum.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

151

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Consultancy Committee

Dear Kyle:

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 Building Agreement.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

152

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Transition of Guards to the Security Officers Agreement

Dear Kyle:

This letter confirms our agreement regarding the transitioning of guards

covered under the Commercial and/or Contractors Agreements to the

RAB/Local 32BJ Security Officers Agreement.

Any Employer wishing to remove their Guards from this Agreement

and, instead, have those Guards covered under the RAB Security

Officers Agreement shall enter into a transition agreement with the

Union facilitating such transfer consistent with established transition

agreements. The Union shall not unreasonably withhold its agreement

to transfer such Guards to the Security Officers Agreement.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

153

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Employer Contributions to Pension and SRSP Funds

Dear Kyle:

This will confirm our understanding that the April 2007 side letter re:

Employer Contributions to Pension and SRSP Funds applies to the new

hire rate.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

154

December 20, 2019

Howard Rothschild, President

Realty Advisory Board on Labor Relations

292 Madison Avenue, 16th Floor

New York, New York

Re: Reduction in Force

Dear Howard:

This will confirm our understanding during our recent negotiations

that the Union and the RAB re-affirm 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,

Kyle Bragg

President, SEIU, Local 32BJ

AGREED:

_______________________________

Howard Rothschild

President, RAB

155

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Security Background Checks

Dear Kyle:

This will confirm our understanding during our recent negotiations

that an Employer may not invoke Article XVI (General Clauses)

Section 57 (Security Background Checks) in connection with a Social

Security “no match” letter.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

156

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Work Authorization and Status Disputes

Dear Kyle:

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,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

157

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Grievance and Arbitration

Dear Kyle:

The parties agree to meet quarterly on issues related to streamlining

grievance and arbitration processes, including calendaring and

exchanging information of case status. The meetings shall be attended

by the President of Local 32BJ and the President of the RAB, or their

designees.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

158

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Industry Seniority

Dear Kyle:

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,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

159

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Fire Safety Directors

Dear Kyle:

This will confirm our understanding that the revisions made to Article

XVI (General Clauses), Section 56 (Fire Safety Director) in the

collective bargaining agreement between the Union and the Employer

covering the period from January 1, 2020 through December 31, 2023

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.

160

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

161

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Extensions of the Trial Period

Dear Kyle:

This is to confirm our understanding as to the trial period provision

of the Article XXI, Section 10(a). There are circumstances in which

an Employer is not prepared to decide whether a new employee

has satisfied the trial period at the conclusion of the first 60 days of

employment and yet has also not concluded that the employee may

not be suitable for continued employment. In those circumstances,

if the Employer requests that the employee’s probationary period be

extended for 30 days, the trial period will be extended for 30 days if

the Union consents to the extension. The request and consent shall be

memorialized in writing at any time before the completion of the 60

days provided for in Article XXI, Section 10(a), provided that when the

Employer makes a timely request for an extension in writing, the trial

period shall be extended until the Union responds to the Employer’s

request (up to a maximum of 30 days beyond the initial 60-day period).

Sincerely,

Howard Rothschild

President, RAB

AGREED:

______________________________

Kyle Bragg

President, SEIU, Local 32BJ

162

December 20, 2019

Kyle Bragg, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Permissive Guidelines for Building Closings for Reconstruction

or Demolition

Dear Kyle:

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 abridgement of

the Employer’s rights.

163

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.

Sincerely,

Howard Rothschild

President, RAB

AGREED:

_______________________________

Kyle Bragg

President, SEIU, Local 32BJ

164

MINIMUM WAGE RATES

JANUARY 1, 2020 – DECEMBER 31, 2020

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 29.773 44.6595 238.184 1,190.92

Forepersons 29.6605 44.49075 237.284 1,186.42

Starters 29.6605 44.49075 237.284 1,186.42

Others 27.248 40.872 217.984 1,089.92

Guards* 25.791 38.6865 206.328 1,031.64

Class B

Handypersons 29.742 44.613 237.936 1,189.68

Forepersons 29.6295 44.44425 237.036 1,185.18

Starters 29.6295 44.44425 237.036 1,185.18

Others 27.217 40.8255 217.736 1,088.68

Guards* 25.791 38.6865 206.328 1,031.64

Class C

Handypersons 29.698 44.547 237.584 1,187.92

Forepersons 29.5855 44.37825 236.684 1,183.42

Starters 29.5855 44.37825 236.684 1,183.42

Others 27.173 40.7595 217.384 1,086.92

Guards* 25.791 38.6865 206.328 1,031.64

165

LOFT BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 29.723 44.5845 237.784 1,188.92

Forepersons 29.6295 44.44425 237.036 1,185.18

Starters 29.6295 44.44425 237.036 1,185.18

Others 27.217 40.8255 217.736 1,088.68

Guards* 25.791 38.6865 206.328 1,031.64

Class B

Handypersons 29.65 44.475 237.20 1,186.00

Forepersons 29.5805 44.37075 236.644 1,183.22

Starters 29.5805 44.37075 236.644 1,183.22

Others 27.168 40.752 217.344 1,086.72

Guards* 25.791 38.6865 206.328 1,031.64

Class C

Handypersons 29.527 44.2905 236.216 1,181.08

Forepersons 29.4395 44.15925 235.516 1,177.58

Starters 29.4395 44.15925 235.516 1,177.58

Others 27.127 40.6905 217.016 1,085.08

Guards* 25.791 38.6865 206.328 1,031.64

ROUTE WORK

Handypersons 29.039 43.5585 232.312 1,161.56

Forepersons 28.9265 43.38975 231.412 1,157.06

Starters 28.9265 43.38975 231.412 1,157.06

Others 26.314 39.471 210.512 1,052.56

Guards* 25.1065 37.65975 200.852 1,004.26

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

of “others.”

166

MINIMUM WAGE RATES

JANUARY 1, 2021 – DECEMBER 31, 2021

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 30.523 45.7845 244.184 1,220.92

Forepersons 30.4105 45.61575 243.284 1,216.42

Starters 30.4105 45.61575 243.284 1,216.42

Others 27.948 41.922 223.584 1,117.92

Guards* 26.491 39.7365 211.928 1,059.64

Class B

Handypersons 30.492 45.738 243.936 1,219.68

Forepersons 30.3795 45.56925 243.036 1,215.18

Starters 30.3795 45.56925 243.036 1,215.18

Others 27.917 41.8755 223.336 1,116.68

Guards* 26.491 39.7365 211.928 1,059.64

Class C

Handypersons 30.448 45.672 243.584 1,217.92

Forepersons 30.3355 45.50325 242.684 1,213.42

Starters 30.3355 45.50325 242.684 1,213.42

Others 27.873 41.8095 222.984 1,114.92

Guards* 26.491 39.7365 211.928 1,059.64

167

LOFT BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 30.473 45.7095 243.784 1,218.92

Forepersons 30.3795 45.56925 243.036 1,215.18

Starters 30.3795 45.56925 243.036 1,215.18

Others 27.917 41.8755 223.336 1,116.68

Guards* 26.491 39.7365 211.928 1,059.64

Class B

Handypersons 30.40 45.60 243.20 1,216.00

Forepersons 30.3305 45.49575 242.644 1,213.22

Starters 30.3305 45.49575 242.644 1,213.22

Others 27.868 41.802 222.944 1,114.72

Guards* 26.491 39.7365 211.928 1,059.64

Class C

Handypersons 30.277 45.4155 242.216 1,211.08

Forepersons 30.1895 45.28425 241.516 1,207.58

Starters 30.1895 45.28425 241.516 1,207.58

Others 27.827 41.7405 222.616 1,113.08

Guards* 26.491 39.7365 211.928 1,059.64

ROUTE WORK

Handypersons 29.789 44.6835 238.312 1,191.56

Forepersons 29.6765 44.51475 237.412 1,187.06

Starters 29.6765 44.51475 237.412 1,187.06

Others 27.014 40.521 216.112 1,080.56

Guards* 25.8065 38.70975 206.452 1,032.26

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

of “others.”

168

MINIMUM WAGE RATES

JANUARY 1, 2022– DECEMBER 31, 2022

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 31.273 46.9095 250.184 1,250.92

Forepersons 31.1605 46.74075 249.284 1,246.42

Starters 31.1605 46.74075 249.284 1,246.42

Others 28.648 42.972 229.184 1,145.92

Guards* 27.191 40.7865 217.528 1,087.64

Class B

Handypersons 31.242 46.863 249.936 1,249.68

Forepersons 31.1295 46.69425 249.036 1,245.18

Starters 31.1295 46.69425 249.036 1,245.18

Others 28.617 42.9255 228.936 1,144.68

Guards* 27.191 40.7865 217.528 1,087.64

Class C

Handypersons 31.198 46.797 249.584 1,247.92

Forepersons 31.0855 46.62825 248.684 1,243.42

Starters 31.0855 46.62825 248.684 1,243.42

Others 28.573 42.8595 228.584 1,142.92

Guards* 27.191 40.7865 217.528 1,087.64

169

LOFT BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 31.223 46.8345 249.784 1,248.92

Forepersons 31.1295 46.69425 249.036 1,245.18

Starters 31.1295 46.69425 249.036 1,245.18

Others 28.617 42.9255 228.936 1,144.68

Guards* 27.191 40.7865 217.528 1,087.64

Class B

Handypersons 31.15 46.725 249.20 1,246.00

Forepersons 31.0805 46.62075 248.644 1,243.22

Starters 31.0805 46.62075 248.644 1,243.22

Others 28.568 42.852 228.544 1,142.72

Guards* 27.191 40.7865 217.528 1,087.64

Class C

Handypersons 31.027 46.5405 248.216 1,241.08

Forepersons 30.9395 46.40925 247.516 1,237.58

Starters 30.9395 46.40925 247.516 1,237.58

Others 28.527 42.7905 228.216 1,141.08

Guards* 27.191 40.7865 217.528 1,087.64

ROUTE WORK

Handypersons 30.539 45.8085 244.312 1,221.56

Forepersons 30.4265 45.63975 243.412 1,217.06

Starters 30.4265 45.63975 243.412 1,217.06

Others 27.714 41.571 221.712 1,108.56

Guards* 26.5065 39.75975 212.052 1,060.26

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

of “others.”

170

MINIMUM WAGE RATES

JANUARY 1, 2023 – DECEMBER 31, 2023

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 32.148 48.222 257.184 1,285.92

Forepersons 32.0355 48.05325 256.284 1,281.42

Starters 32.0355 48.05325 256.284 1,281.42

Others 29.473 44.2095 235.784 1,178.92

Guards* 28.016 42.024 224.128 1,120.64

Class B

Handypersons 32.117 48.1755 256.936 1,284.68

Forepersons 32.0045 48.00675 256.036 1,280.18

Starters 32.0045 48.00675 256.036 1,280.18

Others 29.442 44.163 235.536 1,177.68

Guards* 28.016 42.024 224.128 1,120.64

Class C

Handypersons 32.073 48.1095 256.584 1,282.92

Forepersons 31.9605 47.94075 255.684 1,278.42

Starters 31.9605 47.94075 255.684 1,278.42

Others 29.398 44.097 235.184 1,175.92

Guards* 28.016 42.024 224.128 1,120.64

171

LOFT BUILDINGS

Regular Overtime 8 Hour 40 Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 32.098 48.147 256.784 1,283.92

Forepersons 32.0045 48.00675 256.036 1,280.18

Starters 32.0045 48.00675 256.036 1,280.18

Others 29.442 44.163 235.536 1,177.68

Guards* 28.016 42.024 224.128 1,120.64

Class B

Handypersons 32.025 48.0375 256.20 1,281.00

Forepersons 31.9555 47.93325 255.644 1,278.22

Starters 31.9555 47.93325 255.644 1,278.22

Others 29.393 44.0895 235.144 1,175.72

Guards* 28.016 42.024 224.128 1,120.64

Class C

Handypersons 31.902 47.853 255.216 1,276.08

Forepersons 31.8145 47.72175 254.516 1,272.58

Starters 31.8145 47.72175 254.516 1,272.58

Others 29.352 44.028 234.816 1,174.08

Guards* 28.016 42.024 224.128 1,120.64

ROUTE WORK

Handypersons 31.414 47.121 251.312 1,256.56

Forepersons 31.3015 46.95225 250.412 1,252.06

Starters 31.3015 46.95225 250.412 1,252.06

Others 28.539 42.8085 228.312 1,141.56

Guards* 27.3315 40.99725 218.652 1,093.26

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

of “others.”

172

INDEX

SUBJECT PAGE

AB Time…………………………………………. 61-63, 77-78

Arbitration……………………………19-24, 56, 61, 70, 79,

……………………………………………. 88-89, 134-135, 137

Attendance Bonus ……………………………………130-131

Auditing ……………………………………… 11-12, 132-133

Benefit Funds……………………….. 30-44, 103, 126-127

Better Terms and Conditions ……………………….69, 81

Building Work …………………………………………….7, 73

Bulletin Board……………………………………………….106

Call-in Pay ……………………………………………………..52

Cancellation of Account or Location………………8, 11

Check-off (Dues………………………………………….13-16

Classification of Buildings……………………………44-46

Clinic Day (Service Center Visit)………………126-127

Common Disaster…………………………………………..137

Complete Agreement ……………………………………..142

Consolidation of Jobs……………………………….134-136

Consultants……………………………………………………151

Contract Violators (Persistent)…………………………135

Cost of Living Increase………………………………..47-49

Coverage of Agreement …………………………………..1-8

Cuspidors ……………………………………………………..138

Damage or Breakage………………………………………110

Day of Rest ……………………………………………..52, 105

Days Off…………………………………………………………52

Death in Family………………………………………..94, 124

Death of Employee ………………………………………..127

Differentials ……………………………………………….69-70

173

SUBJECT PAGE

Disability Benefits …………… 30-31, 97, 128-129, 130

Discharge ………9-10, 12, 54-55, 88-89, 105, 139-140

Discrimination…………………………………………111-121

Discrimination – Protocol………………………….112-119

Discrimination – Protocol Mediation ………….113-116

Discrimination – Protocol Arbitration…………116-119

Displacement or Transfer………………. 54-55, 139-140

Duration …………………………………………………….27-28

EAP Coordinator………………………………138-139, 159

Election Day Voting Time………………………………..76

Elevator Conversion……………………………………….108

Elevator Starter ……………………………………50-51, 122

Employee Identification………………………………….126

Employees’ Property (Loss) ……………………………106

Employees’ Room………………………………………….122

Employment Agency Fee………………………….121-122

Engineers………………………………………………………..70

Experienced Employee …………………………..87, 88-89

Eyeglasses…………………………………………………….106

Family and Medical Leave Act………………………….98

Fines…………………………………………………………….110

Fire Safety Director……………………123, 138-139, 159

First Aid Kit ………………………………………………….106

Firemen ……………………………………………………99-100

Flexibility…………………………………………………..60-61

Foreperson……………………………………..42-53, 52, 122

Garnishments ………………………………………………..124

General Provisions

(Subsidiaries & Affiliates) ……………………..136-137

174

SUBJECT PAGE

Government Decrees………………………………..127-128

Grievance Procedure……………………………………17-18

Guards (Security Officers)……….3, 27, 60, 69, 84, 86

…………………………………………………..87, 88, 123, 152

Handyperson …………………………………………………122

Health Fund……………………………….11, 18, 30-36, 97,

………………………………………………..127, 129, 133-135

Higher Rate of Pay…………………………………………..53

Hiring Hall ……………………………………………..121-122

Holidays ……………………………….7, 71-76, 93, 94, 100

Hours and Overtime………………………….49-53, 56, 60

Job Definitions………………………………………..122-123

Joint Industry Advancement Project………………64-68

Jury Duty………………………………………………………125

Labor Peace Committee…………………………….26, 150

Layoff…………………………………………………………7, 83

Leave of Absence…………………………….. 63-64, 93-98

Legal Assistance (with Violations)…………………..110

Legal Services Fund………………………………11, 18, 41

Licenses………………………………………………………..110

Lie Detector ………………………………………………….138

Locker and Restroom……………………………….106-107

Lockout ………………………………………………….3, 24-25

Luncheon Period …………………………………………50-51

Management Rights …………………………………….54-55

Meal Allowance………………………………………………53

Medical Leave………………………..63-64, 91-93, 93-98

Method of Payment of Wages……………………….81-82

Military Service …………………………………………….111

175

SUBJECT PAGE

Multi-Employer Bargaining………………………….28-29

Mutual Obligations …………………………………………1-8

National Labor Relations Board Deferral……………19

New Classification…………………………………………..86

New Development ………………………………………68-69

New Hire Rate and Contributions…………..86-88, 153

Night Work …………………………………………………….51

New York City Earned Safe and Sick Time Act….132

New York State Paid Family Leave………………..97-98

Notice to Union……………………………………………..141

Others classification………………….52, 86, 87, 88, 123

Overtime ………. 18, 49-53, 70, 76, 100-101, 123, 159

Part-time Employees……………………………81, 99, 109

Past Better Conditions…………………………………69, 81

Pension Fund……………… 11-12, 18, 37-40, 87, 95, 96

…………………………………………..97, 127, 133-135, 153

Permits …………………………………………………………110

Personal Day …………………………………… 72-74, 76-77

Picketing …………………………………………….24-25, 150

Political Contributions …………………………………13-15

Postings of Vacancies ………………………………………85

Pregnancy Leave……………………………………………..98

Premium Pay…………………….. 49-51, 70, 75, 100-101

Probationary Period (Trial Period)……………………..86

Productivity………………………………………………..78-80

Promotion………………………………………………….57, 84

Pyramiding……………………………………………………..70

Recall ………………………………………………………..89-90

176

SUBJECT PAGE

Reducing Force ……………… 56-59, 107, 108-109, 154

Relief Employees………………………………….81, 83, 85

Relief Periods………………………………….. 51-53, 80-81

Replacements ………………………………………..49, 96-97

Resignation …………………………………………….101-102

Rest Room………………………………………………106-107

Retail and Non-Commercial Locations …..2, 5-6, 149

Route Work……………………………………6-8, 51, 59, 73

Safety and Health…………………………………………..136

Sale or Transfer of Building ……………………………109

Sanitary Arrangements……………………………..106-107

Saving Clause………………………………………………..141

Schedules ……………………………………………..53, 78-81

Security Background Checks……………..139-140, 155

Seniority…………………….. 7, 57, 74, 77, 83-84, 84-85,

…………………………………. 89-90, 92, 99, 108-109, 158

Seniority and Vacation in Relation to

Sickness and Accident Absence…………….91-93, 99

Service Center Visit …………………………………126-127

Sick Days ……………..61, 70, 91-93,126-127, 130-132

Snow Removal………………………………………………138

Social Security “No Match” letter …………….140, 155

Sole Occupant Buildings……………………………….7, 64

Strikes …………………………………………….3, 24-26, 150

Subcontracting ………………………………………………138

Successor Employer………………. 28-29, 102-103, 109

Supplemental Retirement &

Savings Fund…………………….11, 18, 42, 87-88, 153

177

SUBJECT PAGE

Temporary Schedule Changes …………………………..53

Term of Agreement……………………………………..27-28

Termination Pay…………………………………83, 107-109

Tools ……………………………………………………………110

Training Fund……………………………11, 18, 40-41, 127

Training Programs (License/Permit)…………………123

Trial Period …………………………………………………….86

Unemployment Insurance ……………………97, 128-129

Uniforms ………………………………………………..105-106

Union Insignia……………………………………………….106

Union Security ……………………………………………..8-12

Union Visitation…………………………………………….124

Vacancies ………………………………………..49, 84-85, 90

Vacation Replacements…………………………….103-104

Vacations / Vacation Pay…………………. 83-84, 92-93,

…………………………………………………….. 93-94, 99-103

Veteran Transition Assistance …………………..140-141

Voting Time……………………………………………………76

Wage and Hour Claims…………………………….142-145

Wage Differentials………………………………………69-70

Wages………………………………………………………..46-49

Weather Conditions ……………………………………….128

Work Clothes …………………………………..105-106, 138

Work of Absentees…………………………… 61-63, 77-78

Work Schedules …………………………………….53, 78-80

Work Stoppage……………………………………………24-26

Workload………………………………………… 60-61, 78-80

Workers’ Compensation ………………….30, 37, 63, 92,

………………………………………………………..97, 129, 130

178

NOTES

179

NOTES

180

NOTES

2020

Contractors

AGREEMENT

MINIMUM WAGE RATES

2020-2023

(See Pages 164-171)

SERVICE EMPLOYEES

INTERNATIONAL UNION

LOCAL 32BJ

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