Contractors' Association of Greater New York, Inc.

2024

CONTRACTORS AGREEMENT

BETWEEN

SERVICE EMPLOYEES

INTERNATIONAL UNION

LOCAL 32BJ

AND

THE REALTY ADVISORY

BOARD ON LABOR

RELATIONS, INC.

EFFECTIVE JANUARY 1, 2024,

TO DECEMBER 31, 2027

TABLE OF CONTENTS

ARTICLE PAGE

I. Mutual Obligations …………………….. 1

II. Union Responsibility and

Union Security ……………………………. 9

III. Discharge …………………………………… 13

IV. Checkoff ……………………………………. 14

V. Grievance Procedure ……………………. 19

VI. Arbitration …………………………………. 21

VII. Strikes, Stoppages, Lockouts ………… 27

VIII. Duration …………………………………….. 30

IX Multiemployer Bargaining ……………. 31

X. Health, Pension, Training, Legal

and Supplemental Retirement &

Savings Funds …………………………….. 33

XI. Classification and Wages …………….. 50

XII. Hours and Overtime …………………….. 56

XIII Management Rights and Obligations;

Seniority and Job Security ……………. 61

XIV. Joint Industry Advancement

Project ……………………………………….. 73

XV. New Development ………………………. 77

XVI. General Clauses ………………………….. 78

1. Differentials and No Lowering

of Standards ………………………… 78

2. Pyramiding ………………………….. 80

3. Holidays ……………………………… 80

4. Voting Time ………………………… 87

5. Personal Day ……………………….. 87

6. Work of Absentees ………………. 88

7. Work Schedules and

Workloads …………………………… 89

8. Schedules/Relief Periods ………. 92

9. Relief Employees …………………. 92

10. Method of Payment of Wages … 92

11. Seniority and Layoff …………….. 94

12. Replacements, Promotions,

Vacancies, Trial Period and

Newly Hired Employees ……….. 96

13. Recall…………………………………. 101

14. Seniority and Vacations in

Relation to Sickness and

Accident Absence ………………… 103

15. Leave of Absence ………………… 105

16. Pregnancy Leave ………………….. 111

17. Vacations ……………………………. 111

18. Vacation Replacements …………. 117

19. Day of Rest …………………………. 118

20. Uniforms and Other Apparel …. 118

21. First Aid Kit………………………… 119

22. Loss of Employees’ Property …. 119

23. Eyeglasses and Union Insignia . 120

24. Bulletin Board ……………………… 120

25. Sanitary Arrangements …………. 120

26. Termination Pay…………………… 120

iii

27. Tools, Permits, Fines and

Legal Assistance ………………….. 123

28. Damage or Breakage …………….. 124

29. Military Service …………………… 124

30. No Discrimination ………………… 125

31. Placement/Employment

Agency Fee …………………………. 137

32. Employees’ Rooms ………………. 138

33. Definitions ………………………….. 138

34. Required Training Programs ….. 140

35. Garnishments ………………………. 140

36. Death in the Family ………………. 140

37. Union Visitation …………………… 141

38. Jury Duty ……………………………. 141

39. Identification ……………………….. 142

40. Service Center Visit ……………… 142

41. Death of Employee ………………. 143

42. Governmental Decree …………… 144

43. Weather Conditions ……………… 144

44. Disability Benefits Law/

Unemployment Insurance Law . 145

45. Sickness Benefits …………………. 146

46. Auditing ……………………………… 150

47. Consolidation of Jobs……………. 150

48. Persistent Contract Violators …. 153

49. Health, Safety and HERO Act .. 153

50. General Provisions with

Respect to This and other

Agreements…………………………. 158

51. Common Disaster ………………… 159

52. Cuspidors ……………………………. 160

53. Lie Detector ………………………… 160

54. Snow Removal …………………….. 161

55. No Subcontracting ……………….. 161

56. Fire Safety Director ……………… 161

57. Security Background Checks …. 162

58. Work Authorization and

Status Disputes ……………………. 163

59. Veteran Transition Assistance .. 163

60. Saving Clause ……………………… 164

61. Notices to Union………………….. 164

62. Complete Agreement ……………. 165

63. Wage and Hour Claims …………. 165

Index……………………………………………………. 178

Side Letters …………………………………………… 185

The REALTY ADVISORY BOARD ON LABOR

RELATIONS, INC. (“RAB”), an incorporated

multiemployer 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 2024, 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 2024 Tri-State Contractors

Agreement.

(b) The 2024 Independent

Exterminators Agreement.

Contractors Agreement.

(d) The 2024 RAB Window Cleaners

Agreement or its Independent counterpart.

(e) The 2024 RAB Security Officers

Agreement or its Independent counterpart.

(f) The 2023 Philadelphia BOLR or

Independent Contractors Agreement.

(g) The 2023 Philadelphia Suburban &

Delaware Contractors Agreement.

(h) The 2023 Washington Service

Contractors Agreement or its Independent

counterpart.

(i) The 2023 Pittsburgh Central

Business District Contractors Agreement.

(j) The 2023 Suburban Pittsburgh

Contractors Agreement.

(k) 2022 South Florida Cleaning

Contractor Agreement.

(l) 2023 Maintenance Contractors of

New England Agreement.

(m) If the Employer obtains a contract to

provide property services to a commercial office

building outside SEIU Local 32BJ’s jurisdiction,

and the property services at such building are

presently governed by an area-wide agreement

with SEIU Local 1, USWW, SEIU Local 6, SEIU

Texas, SEIU Local 26, SEIU Local 49, SEIU

Local 105, or SEIU Local 87, then the Employer

will assume the SEIU Local’s area-wide

agreement in effect at that building. This provision

would not change the scope of recognition of any

such area-wide agreement(s).

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 (l)

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 who 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.

Layoff 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 employee 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 non-payment 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 twenty-first (21st) day, unless the

Employer can demonstrate the delay was for good

cause due to circumstances beyond its control. The

interest shall not be assessed for an Employer’s

initial failure to deduct voluntary political

contributions until thirty (30) days after the

Employer has received written notice from the

Union of its failure to deduct.

The Employer shall provide employee

information in connection with the transmission of

dues, initiation fees, all legal assessments and

other deductions required to be transmitted to the

Union (collectively, “Deductions”). Deductions

from employees’ paychecks shall be transmitted to

the Union electronically via ACH utilizing the

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

in writing, that Deductions be remitted by means

other than electronic transmittals. The Union shall

specify reasonable information to be recorded

and/or transmitted by the Employer, as necessary

and consistent with this Agreement.

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,

including those who may currently be transmitting

deductions through wire transfer, may need time

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

provide any necessary training opportunity to the

Employer to facilitate electronic transmissions.

Those Employers who are not currently

transmitting Deductions by ACH shall commence

transmission by ACH no later than nine (9) months

from the date an Employer first becomes signatory

to this Agreement, or for employers currently

utilizing wire transfer nine (9) months from the

effective date of this Agreement, (collectively the

“Transition Period”), provided that any reasonably

requested training has been provided by the Union.

It is understood that the transition to ACH

payment may cause some delays in effecting

transmission. During the Transition Period,

Employers who deduct appropriately, but whose

transmissions are delayed, shall not be subject to

interest or penalties owing to such delays.

If a signatory does not revoke the dues

authorization at the end of 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.

the steps 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 one

hundred twenty (120) days of its occurrence,

except for grievances involving suspension

without pay or discharge, which shall be presented

within forty-five (45) days, unless the Employer

agrees to an extension, 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 a

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 fails 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:

Stuart Bauchner

Melissa Biren

Dean Burrell

Dr. John Coverdale

Howard C. Edelman

Karen Fernbach

Deborah Gaines

Richard Kass

Gary Kendellen (Funds Only)

Randi Lowitt

Cheryl Messena

Terrance Nolan

Mary O’Connell

Earl Pfeffer

Ellen Gallin Procida

David Reilly

Haydee Rosario

Julie Torrey

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, 2024, and shall expire on December 31, 2027.

With respect to Guards, this Agreement

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

where otherwise indicated, all economic terms

negotiated between the RAB and the Union in the

successor agreement to this contract shall be

retroactive to January 1, 2028, if the contract shall

so provide, or whatever date provided in the

contract for all other employees.

With respect to engineers and

superintendents, this Agreement shall continue

until February 29, 2028, provided that in the event

of a strike by the Union upon expiration of either

the RAB Commercial Building Agreement or

RAB Contractors Agreement and prior to

February 29, 2028, engineers shall not assume or

perform the duties of nonengineering employees.

Upon the expiration date of this Agreement,

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

Multiemployer Bargaining

1. Employers on the Master List

submitted by the RAB to the Union at the

commencement of the negotiations shall be bound

by the terms of this Agreement.

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 fortyfive (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

membership.

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, 2024, the rate of

contribution to the Health Fund shall be

$23,892.00 per year for each covered employee,

payable when and how the Trustees determine.

3. Effective January 1, 2025, the rate of

contribution to the Health Fund shall be

$24,612.00 per year for each covered employee.

4. Effective January 1, 2026, the rate of

contribution to the Health Fund shall be

$25,104.00 per year for each covered employee.

5. Effective January 1, 2027, the rate of

contribution to the Health Fund shall be

$25,728.00 per year for each covered employee.

6. The parties agree that if there is

governmental health care reform mandating

payment, in full or part, by a contributing

Employer for some or all of the benefits already

provided for in the Health Fund to participants, the

parties shall meet to discuss what ameliorative

steps, if any, might be appropriate to minimize any

adverse impact on the Funds, its participants and

Employers.

The parties agree that if the recently passed

health care reform legislation or any future

governmental health care reform requires (i) any

payment by contributing Employers for some or

all of the benefits already provided for in the

Health Fund to participants or (ii) 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 health care reform that

requires any payments described in (i) and/or (ii)

in this paragraph, the bargaining parties will

bargain over what to recommend to the Trustees

consistent with the goals of maintaining quality

benefits and containing costs.

7. Any Employer who has a plan in

effect prior to the effective date of this Agreement

that 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 the

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 $100

million per year in costs commencing no later than

January 1, 2012, and recommended to the Health

Fund Trustees, who acted upon the

recommendations, to take all legal action

necessary so that (i) such recommended savings

measures are implemented by the Health Fund; (ii)

the Health Fund reserves do not fall below an

amount equivalent to no less than six (6) full

months of benefit costs and operating expenses;

(iii) such measures shall not thereafter be modified

absent unanimous agreement of the Trustees; and

(iv) such measures are made with the intent of

being permanent and within the purposes of the

aforementioned cost savings. The provisions of

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

shall continue to apply to any new recommended

savings measures that are implemented by the

Health Fund pursuant to this section. The Health

Fund Study Committee shall meet regularly, and

on an ongoing basis, to continue to monitor and

review Health Fund expenditures and trends, to

evaluate and consider best practices and

developments in cost-effective methods of

providing quality benefits for the purposes of

continuing to ensure that substantial savings are

being realized and to recommend any and all

appropriate measures to modify or modulate 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 comprise the President of

the RAB and the President of the Union, or their

designees, and the RAB and the Union shall be

represented in equal numbers.

Notwithstanding the foregoing, the Health

Fund Study Committee will meet regularly once a

quarter to review a report from the Health Fund

staff of material items of Fund revenues and

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

and anything else deemed appropriate by Fund

staff. In addition, the Health Fund staff will also

notify the Health Fund Study Committee as soon

as possible upon the occurrence of any

extraordinary event(s) or other information that is

reasonably likely to have a material adverse effect

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

future (“Extraordinary Event”), and the Health

Fund Study Committee will hold a special meeting

shortly after such notification. In advance of any

such special meeting (or at any regular quarterly

meeting in which an Extraordinary Event is to be

reported), the Health Fund Study Committee shall

require the Health Fund Benefit Consultant and

Fund staff to provide the Committee with such

information and projections (including options for

measures to be taken to save money on medical

and hospital costs and/or changes that can be

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” (“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. The bargaining parties shall

recommend to the Trustees of the Pension Fund a

ten percent (10%) pension benefit enhancement

for all participants in Programs A and B of the

Pension Fund effective July 1, 2024, in accordance

with the Trust Agreement rules and procedures of

the Pension Fund and applicable law.

3. Effective January 1, 2024, the rate of

contribution to the Fund shall be $134.75 per week

for each covered employee, payable when and

how the Trustees determine.

4. Effective January 1, 2025, the rate of

contribution to the Fund shall be $138.75 per week

for each covered employee, payable when and

how the Trustees determine.

5. Effective January 1, 2026, the rate of

contribution to the Fund shall be $142.75 per week

for each covered employee, payable when and

how the Trustees determine.

6. Effective January 1, 2027, the rate of

contribution to the Fund shall be $146.75 per week

for each covered employee, payable when and

how the Trustees determine.

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.

7. Any Employer who becomes a party

to this Agreement and who immediately prior

thereto has a pension plan in effect that provides

benefits equivalent to or better than the benefits

provided herein, may, upon agreement of the

Union and the RAB, cover its employees under its

existing plan in lieu of this Fund and be relieved

of the obligation to make contributions to the Fund

for the period of such other coverage.

8. 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.

9. 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.

10. The parties agree that if there are

new governmental regulations issued that

implement the excise tax provisions of the Pension

Protection Act (PPA), or there is further

governmental reform relating to the funding of

pension funds, the parties shall meet to discuss

what steps, if any, might be appropriate to

ameliorate any adverse impact on the Funds, its

participants and Employers. To the extent that any

Employer covered by this Agreement, with respect

to employees covered by this Agreement, becomes

subject to an automatic employer surcharge or any

excise tax, penalty, fee increased contribution rate

or other amount relating to the funding of the

Pension Fund (but not including interest,

liquidated damages or other amounts owed as a

consequence of failing to make timely remittance

of contributions to the Pension Fund) under

Sections 412 or 432 of the Internal Revenue Code,

the parties agree that the required contributions to

the Health Fund, Training Fund and/or Legal

Services Fund for each Employer covered under

this Agreement shall be reduced dollar for dollar

by the aggregate amount of any additional

contribution and/or surcharge amounts, excise

taxes, penalties, fees or other amounts that such

Employer is required to pay, as provided in this

subsection. Unless a different allocation among

the Funds is agreed upon in advance of any

applicable due date for such contributions by the

Presidents of the RAB and Local 32BJ, such

amount shall be allocated solely from the Health

Fund.

C) TRAINING, SCHOLARSHIP AND

SAFETY FUND

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. (a) Effective January 1, 2024, the

rate of contribution to the Thomas Shortman Fund

shall be $169.60 per year for each covered

employee, payable when and how the Trustees

determine.

(b) Effective January 1, 2025, the rate of

contribution to the Thomas Shortman Fund shall

be $169.60 per year for each covered employee,

payable when and how the Trustees determine.

contribution to the Thomas Shortman Fund shall

be $193.60 per year for each covered employee,

payable when and how the Trustees determine.

(d) Effective January 1, 2027, the rate of

contribution to the Thomas Shortman Fund shall

be $193.60 per year for each covered employee,

payable when and how the Trustees determine.

3. The Thomas Shortman Fund may

establish a program to ensure 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, 2024, the rate of

contribution to the Legal Fund shall be $36.32 per

year for each covered employee, payable when

and how the Trustees determine.

3. Effective January 1, 2025, the rate of

contribution to the Legal Fund shall be $199.60

per year for each covered employee, payable when

and how the Trustees determine.

4. Effective January 1, 2026, the rate of

contribution to the Legal Fund shall be $175.60

per year for each covered employee, payable when

and how the Trustees determine.

5. Effective January 1, 2027, the rate of

contribution to the Legal Fund shall be $175.60

per year for each covered employee, payable when

and how the Trustees determine.

E) SUPPLEMENTAL RETIREMENT AND

SAVINGS FUND

1. The Employer shall make

contributions to a trust fund known as the

“Building Service 32BJ Supplemental Retirement

and Savings Fund” (“SRSF”) to cover bargaining

unit employees who are regularly employed

twenty (20) or more hours per week, including

paid time off, with employer contributions as

hereinafter provided and 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, 2024, the

Employer shall contribute $13.00 per week per

covered employee into the SRSF, payable when

and how the Trustees determine.

F) PROVISIONS APPLICABLE TO ALL

FUNDS

1. If the Employer fails to make

required reports or payments to the Funds, the

Trustees may, at their sole and absolute discretion,

take any action necessary, including, but not

limited to, immediate arbitration and suits at law,

to enforce such reports and payments, together

with interest and liquidated damages as provided

in the 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 that shall in any

case provide that employees whose work comes

within the jurisdiction of the Union (which shall

not be considered to include anyone in an

important managerial position) may only be

covered for benefits if the building in which they

are employed 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 the RAB.

3. Except as otherwise provided in

Article XVI, Section 12(b), with respect to the

Pension and Supplemental Retirement Savings

Fund, employees shall have a waiting period of

ninety (90) days before becoming eligible to

participate in the Funds and no contribution shall

be made on behalf of employees during the ninetyday (90-day) period. However, notwithstanding

the foregoing, newly hired employees shall be

eligible to participate in the Training Fund upon

their date of hire.

4. The parties agree that the Presidents

of the Union and the RAB may determine, at 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.

than 120,000 square feet.

2. Gross area of a LOFT building is the

sum total of areas existing on the various floors of

a loft building, including the basement space but

excluding that portion of the penthouse used for

the machinery and appurtenances of the building

and that portion of the basement used for the

public utilities and general operation of the

property.

Gross area of an entire floor shall be

computed by measuring from the inside plaster

surfaces of all exterior walls of space

encompassed in a tenant’s premises, including

columns, corridors, toilets, slop sinks, elevator

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

tower court.

3. Gross area of an OFFICE building is

the sum total of areas existing on the various floors

of the building, including the basement space but

excluding that portion of the penthouse used for

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, 2024, each

employee covered by this Agreement shall receive

a wage increase of $0.500 for each regular

straight-time hour worked.

2. Effective January 1, 2025, each

employee covered by this Agreement shall receive

a wage increase of $1.000 for each regular

straight-time hour worked.

3. Effective January 1, 2026, each

employee covered by this Agreement shall receive

a wage increase of $1.075 for each regular

straight-time hour worked.

4. Effective January 1, 2027, each

employee covered by this Agreement shall receive

a wage increase of $1.150 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 Subparagraphs (1)

through (4).

Minimum wage rates shall be those set forth

in the tables on pages 170-177 hereof, increased

accordingly to reflect the above increases in each

category of work.

Effective January 1, 2025, in the event that

the percentage increase in the cost of living

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

Wage Earners and Clerical Workers] from

November 2023 to November 2024 exceeds 6.5%,

an increase of $0.10 per hour for each full 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, 2025. In no

event shall said increase pursuant to this provision

exceed $0.20 per hour. In computing increases in

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

be ignored and increases of 0.5% or more shall be

considered a full point. Any increases hereunder

shall be added to the minimum.

Effective January 1, 2026, in the event that

the percentage increase in the cost of living

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

Wage Earners and Clerical Workers] from

November 2024 to November 2025 exceeds 6%,

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

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

be granted effective for the first full work week

commencing after January 1, 2026. In no event

shall said increase pursuant to this provision

exceed $0.20 per hour. In computing increases in

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

be ignored and increases of 0.5% or more shall be

considered a full point. Any increases hereunder

shall be added to the minimum.

Effective January 1, 2027, in the event that

the percentage increase in the cost of living

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

Wage Earners and Clerical Workers] from

November 2025 to November 2026 exceeds 6%,

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

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

be granted effective for the first full work week

commencing after January 1, 2027. In no event

shall said increase pursuant to this provision

exceed $0.20 per hour. In computing increases in

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

be ignored and increases of 0.5% or more shall be

considered a full point. Any increases hereunder

shall be added to the minimum.

6. 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 (150%) for all hours

worked in excess of eight (8) hours per day or forty

(40) hours per week, whichever is greater.

Notwithstanding the above, if the Employer

seeks to implement an alternate full-time work

schedule with daily shifts in excess of eight (8)

hours, the Employer shall notify the Union and the

RAB, and the parties shall discuss the

implementation of such a schedule, including the

impact and process for obtaining the consent of the

impacted employees. Any employee seeking to

work a modified schedule shall execute a form to

be agreed upon by the parties that states that the

request to work the modified schedule is

knowingly and voluntarily made, and the

Employer shall retain a copy of such form. Upon

receipt of an executed form, the Union will waive

the enforcement of any obligation under the

Agreement for the Employer to pay an overtime or

premium pay for working more than eight (8)

hours in a day.

2. Employees who have a regular work

schedule that includes Saturday or Sunday as of

December 31, 2023, and are currently receiving

premium pay of time and one-half (150%) the

regular straight-time hourly rate of pay for work

performed on Saturday or Sunday shall continue

to receive that premium pay for work performed

on Saturday or Sunday as part of their regular

work schedule. New employees and those not

presently assigned weekend work and receiving

weekend premium pay shall not be entitled to

premium pay for work performed on Saturday or

Sunday unless the employee is entitled to premium

pay pursuant to another provision of this

Agreement. Part-time employees will also receive

time and one-half (150%) the regular straight-time

hourly rate of pay for all work performed on

Saturdays and Sundays. If after January 1, 2024,

the Employer creates or fills five-days-per-week

(5-days-per-week) positions that include regularly

scheduled weekend work as part of a forty-hoursper-week (40-hours-per-week) schedule,

employees in those positions will not be entitled to

premium pay for work performed on Saturday or

Sunday unless the employee is entitled to a

premium under a different provision of this

Agreement.

In determining whether an employee’s

work shift is to be considered as falling on

Saturday or Sunday, for this section, it is

understood that the meaning of Saturday or

Sunday work shall be the same as now applies or,

where there is no such practice, shall be based

upon the holiday premium pay practice.

3. The weekly working hours for

elevator operators and starters shall include two

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

but shall exclude luncheon recess of not less than

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

each day.

Employees, other than those referred to in

the paragraph above, the majority of whose hours

fall between 7 p.m. and 6 a.m., shall receive a

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

the option of the Employer, the employees who

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

addition to their regular pay for scheduled hours,

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

earlier. 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 (150%).

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.

location at the good faith demand of a customer,

the Employer may remove the employee from

further employment at that location, provided

there is a good faith reason to justify such removal,

apart from the demand itself. Upon the Union’s

request, the Employer will advise the Union of

information it has relating to the customer’s

complaint and make reasonable efforts to secure

from the customer a written confirmation of the

customer’s request. Unless the Employer has

cause to discharge the employee, the Employer

will place the employee in a similar job at another

facility within the same county covered by this

Agreement (unless the Union and the Employer

shall agree to place the employee in a similar job

in a different county covered by this Agreement),

without loss of entitlement seniority or reduction

in pay or benefits and pay Displacement Pay to

such employee equivalent to the Termination Pay

schedule set forth in Article 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

workforce 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 workforce

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 that the Committee may

deem relevant. No reduction may be implemented

without the unanimous agreement of the

Committee. The decision of the Committee shall

be final and binding and not reviewable under the

arbitration provisions of this Agreement.

The Committee shall be convened upon the

written request of the Employer. The written

request must be made to the President of the Union

and the President of the RAB, by registered or

certified mail (return receipt requested). The

Committee must be convened within sixty (60)

days of the receipt of such written request. In the

event that the Committee is not convened 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 2024

Commercial Building Agreement between the

RAB and the Union or the building owner and/or

agent signed the 2024 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.

from duty due to illness only on a scheduled

workday immediately before and/or the scheduled

workday immediately after a holiday shall not be

eligible for sick pay for said absent workday or

workdays.

(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 straighttime 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 one-sixth (1/6) of the normal

workload 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 jobs

if there is good cause shown.

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) cochairs, one

appointed by the Union and one appointed by the

RAB. The Directors may be replaced at will by the

respective appointing parties. Each party may

appoint alternate Directors.

2. The Board of Directors of the Project

shall meet at least quarterly, or more frequently if

the cochairs so direct. No action may be taken by

the Project except upon unanimous consent.

Voting shall be by blocks, where the five Unionappointed Directors collectively shall cast one (1)

vote, and the five (5) RAB-appointed Directors

collectively shall cast one (1) vote.

3. The Project may hire employees and

contract for services, including accounting and

legal services, provided that no financial,

contractual or other obligation may be incurred by

the Project except upon a vote of the Directors, as

provided in Paragraph 2.

4. The Union and the RAB may

contribute funds and/or provide assistance to the

Project upon such terms as are agreed to jointly by

the RAB and the Union.

5. The actions that the Project may

undertake shall include, without limitation,

monitoring of and/or involvement with issues of

mutual interest to the industry and the Union in

legislative, governmental or regulatory forums, at

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

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

publicity for the purpose of enhancing

development and growth of the real estate industry.

What is included in Mutual Issues shall be

discussed and defined by the parties. The parties

may add to or delete from the list of Mutual Issues

from time to time as they mutually agree.

6. Either in discussions among

Directors of the Project or otherwise, the Union

and the RAB commit to disclosing in good faith

their respective views and positions on issues of

importance to the real estate industry or the Union.

7. The Union and the RAB agree that

they shall refrain, insofar as practicable and except

as warranted by a change of circumstances, from

taking positions on issues contrary to the positions

taken by the Project.

8. To facilitate good faith coordination,

accountability and transparency on Mutual Issues,

the RAB directors and the Union directors, shall

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

year, report in writing to each other as to the

Mutual Issues they have worked on during the past

year, whether independently or together (the

“JTAP Report”). The parties shall exchange the

parties’ respective JTAP Reports prior to the first

quarterly meeting of the year and shall review

them together at that meeting, with the goals being

to identify better ways of working together and

transparently communicating with each other,

particularly where there are divergent viewpoints.

The JTAP Reports also shall be utilized to set the

Committee’s agenda for the coming year.

9. Neither party shall propose any

legislation or regulation (including, without

limitation, any amendment or revision to existing

legislation or regulation) on Mutual Issues to any

governmental body of any kind without having

given written notice to the other party of the

concepts on which such legislation or regulation is

based (“Legislative Concepts”). Such written

notice shall disclose the material details of the

Legislative Concepts. The Union’s notice shall be

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

notice shall be sent to the President of the Union.

The parties shall discuss the Legislative Concepts

at the parties’ next scheduled quarterly meeting or

at a special meeting, which shall be requested at

least thirty (30) days before the legislation is

transmitted, orally or in writing, to any

governmental body. Notwithstanding the

foregoing, the parties intend that they will discuss

prospective Legislative Concepts before they

decide to transmit them to any governmental body

in order that they may solicit and endeavor to

accommodate the views of the other party.

10. This Project may be terminated by

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

notice to the other party. Any assets or liabilities

of the Project at the time of termination shall be

allocated equally to the RAB and the Union.

ARTICLE 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-byproject 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

comprise 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 required herein 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 is applicable,

compensation shall be computed on the basis

giving the greatest amount.

3. HOLIDAYS

The following are the recognized contract

holidays:

Holiday

2024 2025 2026 2027

New Year

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

Mon. Wed. Thurs. Fri.

Presidents’ Day

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

Mon. Mon. Mon. Mon.

Good Friday

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

Fri. Fri. Fri. Fri.

Memorial Day

May 27 May 26 May 25 May 31

Mon. Mon. Mon. Mon.

Independence Day

July 4 July 4 July 3 July 5

Thurs. Fri. Fri. Mon.

Labor Day

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

Mon. Mon. Mon. Mon.

Columbus Day

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

Mon. Mon. Mon. Mon.

Thanksgiving Day

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

Thurs. Thurs. Thurs. Thurs.

Day after Thanksgiving

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

Fri. Fri. Fri. Fri.

Christmas Day

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

Wed. Thurs. Fri. Fri.

Elective Holidays

2024 2025 2026 2027

Martin Luther King, Jr. Day

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

Mon. Mon. Mon. Mon.

Eid al-Fitr

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

Wed. Mon. Fri. Wed.

Juneteenth

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

Wed. Thurs. Fri. Sat.

Yom Kippur

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

Sat. Thurs. Mon. Mon.

September 11 (Day of Remembrance)

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

Wed. Thurs. Fri. Sat.

Veterans Day

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

Mon. Tue. Wed. Thurs.

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 Jr. Day, Juneteenth, 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 Jr. Day as a contract holiday

and instead designate Columbus Day as an

elective holiday. The Employer may choose to

designate Martin Luther King Jr. Day as a contract

holiday by providing written notice to the Union

by December 31 for the following calendar year.

The personal day shall be scheduled in accordance

with Paragraphs (3) and (4) below.

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. 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 1 each year, each

building may designate one or more such days as

a personal day upon written notice to the Union

and the employees. Failure to so designate shall be

deemed agreement to leave such days as fixed

holidays.

(2) Each building designating such days

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

written notice to the Union and the employees,

change such designation and make the day a fixed

holiday. Employees who have received a personal

day for such holiday shall be employed on such

holiday at time and one-half (150%).

(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 2024

Commercial Building Agreement shall apply from

January 1, 2028, until the renewal of this

Agreement.

Employees shall receive their regular

straight-time 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

(150%) 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 one-half (150%) 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 (1) day off if such employee

worked at least one (1) day during said payroll

week.

Any regular full-time employee whose

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

falls on a 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 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.

any 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

biweekly payroll schedule. Employers recognize

that biweekly pay may create hardships for certain

employees. The parties have previously agreed to

create an industry-wide committee to study the

biweekly pay issue. The industry-wide committee

is now authorized to conduct pilot programs

instituting biweekly pay at any selected site(s)

where the Union and the Employer agree to

institute biweekly pay.

11. SENIORITY AND LAYOFF

In the event of layoff due to reduction of

force, the inverse order of departmental or job

classification seniority shall be followed, except as

provided in Termination Pay, General Clause 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, efficiency, past performance,

and professionalism within the commercial setting

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 for ninety (90) calendar days.

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

or “Other” category shall be paid seventy-five

percent (75%) of the applicable minimum regular

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

months of employment. Such employees shall be

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

minimum regular hourly wage rate for the twentysecond (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 twentyfour (24) calendar months of employment with the

Employer, less the number of calendar months

(counting portions of a month in excess of fifteen

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

during the preceding two (2) years (excluding

employment as a vacation relief unless such

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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 (Articles 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.

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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 or

registered mail and may also provide

supplemental notice by email and/or text message,

the last qualified laid-off employee, at such

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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.

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14. SENIORITY AND VACATIONS IN

RELATION TO SICKNESS AND

ACCIDENT ABSENCE

(a) Employees who meet with accidents

or become ill shall be reemployed 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.

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(b) Such employees are to return to their

jobs 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 returningemployee’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.

for 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

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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

absence for Union business.

Once during the term of this Agreement, an

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

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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.

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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.

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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 benefits will not be considered in

computing the above-mentioned forty percent

(40%). Notwithstanding this provision, these

employees are otherwise eligible for the leaves 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,

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thus increasing their customary working

assignment, in which event the Employer shall pay

into the Pension Fund for the number of excess

hours times $3.369 up to a maximum for such

excess of $134.75 per week in each individual case.

Effective January 1, 2025, such Employer

payment to the Pension Fund shall be the number

of excess hours times $3.469 up to a maximum for

such excess of $138.75 per week in each

individual case.

Effective January 1, 2026, such Employer

payment to the Pension Fund shall be the number

of excess hours times $3.569 up to a maximum for

such excess of $142.75 per week in each

individual case.

Effective January 1, 2027, such Employer

payment to the Pension Fund shall be the number

of excess hours times $3.669 up to a maximum for

such excess of $146.75 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

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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 leaves 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.

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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 fourweek (4-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:

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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 fulltime 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.

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Employees regularly working overtime or

on premium days or required to work during their

early 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

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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 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 that 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

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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 employeremployee relationship under this Agreement and

the successor Employer does not have an

Agreement with the Union providing for at least

the same vacation benefits, the Employer shall be

responsible for all accrued vacation benefits.

(b) A person hired solely for the purpose

of relieving employees for vacation shall be paid

sixty percent (60%) of the minimum applicable

regular hourly wage rate. Should a vacation relief

employee continue to be employed beyond five (5)

months, such employee shall be paid the wage rate

of a New Hire or Experienced Employee, as the

case may be. If a vacation replacement is hired for

a permanent position immediately after working

as a vacation replacement, such employee shall be

credited with time worked as a vacation

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

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

In the event that the Arbitrator finds that an

Employer is using this rate as a subterfuge, such

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Arbitrator may, among other remedies, award full

pay from the date of employment at the applicable

hiring rate.

During the five-month (5-month) vacation

relief period, no contribution to any Benefit Funds

shall be made for a vacation relief person, and

vacation relief persons are not eligible for 32BJ

Benefit Fund coverage during the five-month (5-

month) vacation relief period, except that they are

eligible to participate in the Training Fund during

the five-month (5-month) vacation relief period,

consistent with Article X, Section F(3) as revised

herein.

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

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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.

preceding paragraph shall not be used for the

purpose of effecting a speed up or be deemed for

the purpose of downgrading cleaning services.

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

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employees, the Employer will continue to supply

and maintain uniforms for such employees.

least once 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.

(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.

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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 and key thereto, 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

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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

years of service in the building or with the

Employer as follows:

Employees with: Pay:

5 but less than 10 years 1 week’s wages

10 but less than 12 years 2 weeks’ wages

12 but less than 15 years 3 weeks’ wages

15 but less than 17 years 6 weeks’ wages

17 but less than 20 years 7 weeks’ wages

20 but less than 25 years 8 weeks’ wages

25 years or more 10 weeks’ wages

An employee physically or mentally unable

to perform the employee’s duties may resign and

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

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according to years of service in the building or

with the Employer as follows:

Employees with: Pay:

5 but less than 10 years 2 weeks’ wages

10 but less than 12 years 4 weeks’ wages

12 but less than 15 years 5 weeks’ wages

15 but less than 17 years 7 weeks’ wages

17 but less than 20 years 8 weeks’ wages

20 but less than 22 years 9 weeks’ wages

22 but less than 25 years 10 weeks’ wages

25 years or more 11 weeks’ wages

and resign where there has been a reduction in

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

termination pay shall be offered to the most senior

employee, then to the next most senior, and so on

until accepted). If no employee accepts the offer,

the least senior employee or employees of the

Employer, based upon companywide seniority,

shall be terminated and shall receive applicable

termination pay.

(d) “Week’s pay” in the above

paragraphs means the regular straight-time weekly

pay at the time of termination. If the Employer

offers part-time employment to the employee

entitled to termination pay, such employee shall be

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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.

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

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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.

29. MILITARY SERVICE

All statutes and valid regulations about

reinstatement and employment of veterans shall be

observed.

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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, gender identity,

pregnancy-related conditions, union membership,

marital status, or any characteristic protected by

law, including, but not limited to, claims made

pursuant to Title VII of the Civil Rights Act, the

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

the Age Discrimination in Employment Act, the

Family and Medical Leave Act, the New York

State Human Rights Law, the New York City

Human Rights Code, the New Jersey Law Against

Discrimination, the New Jersey Conscientious

Employee Protection Act, the Connecticut Fair

Employment Practices Act, or any other similar

laws, rules or regulations. All such claims shall be

subject to the grievance and arbitration procedure

(Articles V and VI) as the sole and exclusive

remedy for violations, provided, however, that

nothing herein shall preclude the filing or

adjudication of any statutory claim at any time (i)

before the Equal Employment Opportunity

Commission (“EEOC”) or other similar agency

whose jurisdiction includes employment

discrimination claims or (ii) before the National

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

employee be required to submit a claim involving

sexual harassment and/or sexual assault to

arbitration. Arbitrators shall apply appropriate

law in rendering decisions based upon claims of

discrimination.

(B) No-Discrimination Protocol

(1) Protocol1

The parties to this Agreement, the Union

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

of all involved—employees, members of the

Union, employers, the Union, the RAB and the

public interest—to promptly, fairly, and

efficiently resolve claims of workplace

discrimination, harassment and retaliation as

covered in the No Discrimination Clause of the

relevant collective bargaining agreement

(collectively, “Covered Claims”). Such Covered

Claims are very often intertwined with other

contractual disputes under this Agreement. The

RAB, on behalf of its members, maintains that it

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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is committed to refraining from unlawful

discrimination, harassment and retaliation. The

Union maintains it will pursue its policy of

evaluating such Covered Claims and bringing

those Covered Claims to arbitration where

appropriate. To this end, the parties establish the

following system of mediation and arbitration

applicable to all such Covered Claims, provided

that nothing herein shall preclude the filing or

adjudication of any statutory claim at any time (i)

before the EEOC or other similar agency whose

jurisdiction includes employment discrimination

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

employee be required to submit a claim involving

sexual harassment and/or sexual assault to

arbitration. The Union and the RAB want those

covered by this Agreement and any individual

attorneys representing them to be aware of this

protocol.

(2) Mediation

(a) The Mediation Protocol set forth

below is mandatory for all Covered Claims.

(b) Whenever a Covered Claim is

brought alleging that an Employer has violated the

No Discrimination Clause (including, without

limitation, claims based on a statute relating to

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workplace equal opportunities), whether such a

Covered Claim is made by the Union or by an

individual employee, notice shall be provided by

the party seeking to utilize this protocol of such a

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

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

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

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

be submitted to mediation, absent prior resolution

through informal means. A Notice of Claim shall

be filed within the applicable statutory statute of

limitations, provided that if an employee has

timely filed such Covered Claim in a forum

provided for by statute, it will not be considered

time-barred. The Notice of Claim must be filed

with the administrator of the Office of the Contract

Arbitrator (“OCA”), which currently has an

address of 370 Seventh Avenue, Suite 301, New

York, NY 10001.

Notice of Claim, the administrator of OCA shall

appoint a Mediator from the Mediation Panel

described below. All mediators on the panel shall

be attorneys with appropriate training and

experience in the conduct of mediations and

significant knowledge of employment

discrimination statutes. The Mediation Panel shall

be a distinct panel from the Contract Arbitrator

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Panel (see 2022 Apartment Building CBA, Article

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

Panel will be removed when either the Union or

the RAB gives notice to the other party that such

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

added to the Mediation Panel list upon mutual

agreement of the Union and the RAB. The Union

and the RAB mutually commit to appointing

mediators with appropriate skill and experience, as

they view mediation as the important step through

which many Covered Claims will be resolved.

(d) OCA shall appoint a Mediator from

the Mediation Panel. Such appointments shall be

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

wheel”) of available panel members.

(e) Within thirty (30) days of being

appointed, the Mediator shall notify the Parties of

the appointment and schedule a pre-mediation

conference (for the purposes of this paragraph and

the remainder of this section, “Parties” refers to

the bargaining unit member or Union asserting the

Covered Claim, the respondent/defendant

employer and the RAB). At the conference, the

Parties shall discuss such matters as they deem

relevant to the mediation process, including

discovery. The Mediator shall have the authority,

after consulting with the Parties, to (1) schedule

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dates for the exchange of information and position

statements prior to a mediation and (2) schedule a

date for mediation. Any disputes relating to the

issues to be mediated, the exchange of information

and position statements, and the date, place, and

time of the mediation and any in-person,

telephonic, or other meetings relating to the

mediation shall be decided by the Mediator. In the

event the Mediator concludes that there has not

been good faith compliance with a directive,

including directives as to the holding of

conferences and the conduct of discovery, the

Mediator may, after notice and an opportunity to

be heard, order appropriate remedies, including

monetary and other sanctions. Such remedies and

sanctions may be considered by the Arbitrator in a

subsequent proceeding at the Arbitrator’s

discretion.

(f) The entire mediation process,

including any settlement terms proposed by the

Mediator, is a compromise negotiation for the

purposes of the Federal Rules of Evidence and the

New York rules of evidence.

(g) At the mediation, each party shall be

entitled to present witnesses and/or documentary

evidence. The Mediator shall be entitled to meet

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separately with each party for the purpose of

exploring settlement.

(h) At the conclusion of the mediation,

the Mediator shall recommend settlement terms to

the Parties on request of any party. Neither party

shall be required to accept such a proposal.

(i) Mediation shall be completed before

the Covered Claim is arbitrated on the merits.

However, if the Union alleges the Covered Claim

of a violation of the No Discrimination Clause, the

Union may proceed directly to arbitration without

mediation if it so chooses.

(j) The fees of the Mediator shall be

split equally between the Union and the RAB. The

Union and the RAB shall provide language

interpreters at their jointly shared cost.

(k) With respect to mediation of sexual

harassment and/or sexual assault claims, an

employee may terminate mediation upon written

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

In the event that mediation has not been conducted

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

files a claim in court, the Employer may request

that the court stay the action pending completion

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

not seek dismissal.

(3) Arbitration

(a) The undertakings described here

with respect to arbitration apply to those

circumstances in which the Union has declined to

arbitrate an employee’s individual employment

discrimination claim under the No Discrimination

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

a Covered Claim). The arbitration forum described

here will be available to employers and employees,

both those who are represented by counsel and

those who are not represented by counsel.

(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

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employee and the extent to which each shall bear

responsibility for the costs of the Arbitrator shall

be decided between them. A person may be added

to or removed from the Statutory Arbitration Panel

list upon mutual agreement of the Union and the

RAB. Any such arbitration shall be conducted

pursuant to the AAA National Rules for

Employment Disputes, and any disputes about the

manner of proceeding or the interpretation of this

protocol or the AAA Rules shall be decided by the

Arbitrator selected.

may be held at the OCA offices without charge to

the parties; however, it is understood that OCA

shall not be a forum for the determination of the

dispute as provided for in the collective bargaining

agreement, but, instead, will provide only the

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

(d) Neither the Union nor the RAB will

be a party to the arbitration described in this

Section (3), and the Arbitrator shall not have

authority to award relief that would require

amendment of the CBA or other agreement(s)

between the Union and the RAB or conflict with

any provision of any CBAs or such other

agreement(s). Any mediation and/or arbitration

outcome shall have no precedential value with

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respect to the interpretation of the CBAs or other

agreement(s) between the Union and the RAB.

(4) Mandatory Written Notification

Before Union Members Attempt to Bring Any

Covered Claim in Court, and Remedies for Failure

to Provide Notice

(a) The RAB and the Union have

established the foregoing protocol to provide

interested parties a means to rapidly resolve or

hear on the merits of Covered Claims fairly. To

make this system most effective, it is a mandatory

prerequisite before any bargaining unit member

attempts to file a Covered Claim in any court that

the bargaining unit member (personally or through

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 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.

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Bypass Notice must be mailed by first-class

certified mail, return receipt requested, at least

sixty (60) days before the bargaining unit member

plans to commence a lawsuit in any court.

(d) Providing the Bypass Notice is a

condition precedent prior to bringing a Covered

Claim in any forum.

(e) Nothing contained in this protocol

will limit an Employer or the RAB’s remedies in

the event of a breach of the protocol or the CBA

by an individual asserting a Covered Claim.

(5) Nothing contained in this protocol

shall require mediation or arbitration where

prohibited by law. With respect to any Covered

Claim that employees may not lawfully be

required to submit to mediation or arbitration,

employees may voluntarily submit such claims to

the foregoing mediation and/or arbitration

procedures.

parties’ longstanding mutual commitment to

prevent harassment and discrimination in the

workplace, including discrimination based on sex,

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gender, race, age, ethnicity, disability, sexual

orientation, gender identity, and any other legally

protected categories. To that end, and in effort to

implement the parties’ commitment, the parties

mandate that the Diversity and Respect

Committee (the “Committee”) meet to discuss the

prevention of discrimination and harassment in the

commercial building workplace, including

through training of employees to prevent sexual

and other forms of harassment, discrimination and

retaliation in the workplace, and the elimination of

adverse treatment that is the product of bias,

whether conscious or unconscious. The parties

intend that the training shall be no less extensive

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

State law on training and other anti-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, antibias 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

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materials developed by the Fund be made

available to such other entities.

(2) The parties will continue the

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

retention issues for all underrepresented groups

and (ii) to seek the continued prevention of sexual

harassment in the commercial industry.

31. PLACEMENT/EMPLOYMENT

AGENCY FEE

No employee shall be employed through a

fee-charging agency unless the Employer pays the

full fee.

In the event the Union shall establish a

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

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

138

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 nonmembers of the Union. The

Union warrants that, in the operation of said

Hiring Hall and in referrals to the Employer, it will

not discriminate against any individual applicant

for employment.

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

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

building to work involving such skill.

Foreperson – differs from a porter or

cleaning person in that the main responsibility is

to direct cleaning operations.

Guard – an employee whose function is to

enforce rules to protect the property of the

Employer or to protect the safety of persons on the

Employer’s premises and whose duties shall not

include the work performed under any other job

classification covered in this Agreement.

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.

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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 time worked for the purpose of

computing overtime pay.

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 such three (3)

days on which such employee was regularly

scheduled to work or entitled to holiday pay.

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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.

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

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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.

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’s notice

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

calendar year at straight-time pay to visit the office

of any one of the Benefit Funds for the purpose of

conducting business at the Benefit Funds office or

to visit an employee’s personal physician.

Such employee shall receive an additional

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

office or to visit the employee’s personal

143

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 Funds office.

In the event that an employee chooses to

visit any one of the Benefit Funds 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.

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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.

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.

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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

noncontributory 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.

employees 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

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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.

45. SICKNESS BENEFITS

(a) Any regular employee with at least

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

below) in the building or with the same Employer

shall receive in a calendar year from the Employer

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

Regular employees with less than one (1) year of

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

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or other paid days off from the allotments that they

receive upon their first anniversary to obtain a

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

of employment for the purposes specified in the

New York Paid Sick Leave Law, Labor Law

Section 196-b, and the New York City Earned

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

Section 20-911 et seq.

Any employee entitled to sickness benefits

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

leave per year, taken in single days. The remaining

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

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

may be counted as unused sick leave days.

The employee shall receive the above sick

pay whether or not such illness is covered by the

New York State Disability Benefits 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 (1) full day’s pay for

each unused sick day.

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Any employee who has a perfect attendance

record for the calendar year shall receive an

attendance bonus of $125.00 in addition to

payment of the unused sick days.

For the purpose of that provision, perfect

attendance shall mean that the employee has not

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

Union governance functions).

If an Employer fails to pay an employee

before the end of February, then such Employer

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

Employer challenges the entitlement or amount

due.

The Employer at the end of the calendar

year (December 31st) shall be responsible for

paying all unused sick pay.

year’s employment shall be reached on the

anniversary date of employment.

Employees who complete one (1) year of

service after January 1 shall receive a pro rata

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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 week on a regular basis shall receive

a pro rata portion of sickness benefits provided

herein computed on a forty-hour (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 to regular

employees under this Agreement, including, but

not limited to, paid sick leave, vacation days,

personal days, elective holidays, and service

center days, are comparable to or better than those

provided under the New York City Earned Safe

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

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

150

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

provisions of those Acts 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 the Employer’s books. After the

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

the 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 it 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

151

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 that 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.

(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

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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.

(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

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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.

49. HEALTH, SAFETY AND HERO ACT

(a) The Employer shall continue to

provide safe and healthy working conditions. The

RAB and the Union will create a committee to

study environmentally conscious best work

practices.

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

Health and Essential Rights Act, Senate Bill

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

Labor Law to include provisions on prevention of

airborne infectious disease, was signed into law.

On July 12, 2021, the parties executed a

Memorandum of Agreement (“HERO Act MOA”)

on this topic. The parties agreed, and continue to

agree, that the HERO Act MOA would apply to

the 2020 RAB Commercial Building Agreement,

the 2020 RAB Contractors Agreement, the 2018

Apartment Building Agreement, the 2018

Resident Managers and Superintendents

Agreement, the 2018 Long Island Apartment

Building Agreement, the 2021 Security Officers

Agreement, and the 2021 RAB Window Cleaners

Agreement (collectively, the “Agreements”).

Consistent with the HERO Act MOA, the parties

agree to implement the following to ensure a safe

and healthy workplace for industry employees:

1. In the event the HERO Act is once

again triggered, the parties agree to adopt an

airborne infectious disease exposure prevention

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

triggering of the HERO Act, by either adopting the

model standard promulgated by the Commissioner

of the Department of Labor in consultation with

the Department of Health or by establishing an

alternative plan that is comparable to or better than

the minimum standards provided by the model

155

standard. The RAB and the Union agree that an

Employer’s adoption of the model standard

relevant to them shall satisfy that Employer’s

obligation to adopt an airborne infectious disease

exposure prevention plan. Any Employer seeking

to adopt an alternative plan that is comparable to

or better than the model plan shall submit such

plan to the RAB and the Union at least fourteen

(14) days prior to the proposed effective date of

such alternative plan, and if neither the RAB nor

the Union objects to such plan, in writing, within

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

plan will satisfy the Employer’s obligation to

adopt an airborne infectious disease exposure

prevention plan.

2. The RAB, Employers and the Union

agree to establish joint labor-management

workplace safety committees. The workplace

safety committees will be organized by the

Employer, except where the parties mutually agree

that another format is acceptable. The workplace

safety committees shall comprise Employer

representatives, selected in consultation with the

RAB, Union representatives and bargaining unit

employee representatives as the Union may

designate. The workplace safety committees shall

meet as needed, upon the request of either the

Employer or the Union, at such times and in such

156

manner as the Employer, the RAB and the Union

may deem reasonable and proper. Each workplace

safety committee so established will have the

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

and safety concerns, hazards, complaints and

violations to the Employer; (b) review any policy

or procedures put in place in the workplace

concerning workplace safety; (c) participate in any

site visit by any governmental agency responsible

for enforcing safety and health standards in a

manner consistent with applicable law; (d) review

relevant reports filed by the Employer related to

the health and safety of the workplace in a manner

consistent with applicable law; and (e) discuss

training and equipment needs, including personal

protective equipment. Meetings shall occur during

work hours and shall be scheduled within two (2)

weeks of either party requesting the meeting,

provided that in the event that there is an urgent

health and safety issue or other urgent operational

issue in connection with the exposure prevention

plan, the parties shall make their best efforts to

meet on an expedited basis. Upon agreement by

the parties, commonly owned, commonly

managed buildings that are subject to one of the

above-referenced Building Agreements may form

a workplace safety committee that covers all or

some of the commonly owned, commonly

managed buildings. Established workplace safety

157

committees may make reports and

recommendations to the Employer, as necessary,

concerning the above and other matters covered by

S1034B within their responsibility to the

Employer as may be appropriate.

3. The RAB, on behalf of its members,

and the Union agree that the benefits provided

under the Agreements, under this Section and the

HERO Act MOA are comparable to or better than

those provided under S1034B, enacted under N.Y.

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

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

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

provisions of S1034B are waived with regard to

these parties and to the extent not precluded by

those laws with regard to other parties. The parties

further agree that any dispute arising out of or

relating to airborne infectious disease exposure

prevention, including, without limitation, the

implementation of the HERO Act MOA, shall be

resolved through the grievance and arbitration

process set forth in this Agreement, as the sole and

exclusive process for resolution of such disputes.

Any grievance alleging a violation of the

Employer’s exposure prevention plan that creates

a substantial probability that serious physical harm

or death could result from a condition that exists,

or from one or more practices, means, methods,

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operations or processes that have been adopted or

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

be submitted to expedited arbitration within three

(3) business days of an arbitration demand.

4. During the period of time prior to

any requirement by the Department of Labor or

Department of Health that the Employer

implement its exposure prevention plan,

Employers shall follow the joint guidelines

developed by the RAB, Local 32BJ and the Real

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

with respect to personal protective equipment,

social distancing and other practices to reduce the

risk of COVID-19 exposures and/or transmissions.

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

159

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.

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

160

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.

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.

161

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.

The Employer shall have the right to

designate the EAP Coordinator, Fire Safety

Director and Assistant and/or Deputy Fire Safety

Director.

162

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

preemployment checks. All security background

checks shall be confidential and may be disclosed

only as required by law or on a business need-toknow 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 to the

safety or welfare of specific individuals or the

general public or constitute a violation of any

applicable governmental rule or regulation. If the

customer determines that the employee has failed

163

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

164

transition. These efforts shall include, but not be

limited to (i) increasing the industry’s advertising/

recruitment efforts to encourage veterans to apply

for jobs within the industry, (ii) communicating

with the industry about the 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

165

attention of the Director of the NYC Commercial

Division unless otherwise specified.

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 the Union

agree to establish a mediation process for handling

such claims. The following principles shall apply:

(a) The Employee(s) must initiate

mediation by written notice to the Employer, or

166

the Employer must initiate mediation by written

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

Employees’ counsel, as appropriate.

(b) Initiation of mediation shall be

required only of Employees who are (or who will

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

plaintiffs in a putative class and/or collective

action. Employees who are not (and will not seek

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

are merely putative class or collective action

members) are not required to initiate mediation in

connection with this section; however, the

Employees’ claims will be a subject of the

mediation process described in this section.

mediating parties, at any time following ninety (90)

days after the initiation of the mediation process,

either the Employer or the Employee(s) may

terminate mediation by written notice to the other

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

shall be required by this Agreement.

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

litigation in a judicial forum on the Employee’s or

Employees’ wage and hour claims without first

submitting to the mediation process described in

167

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.

(e) The parties do not intend an

Employee’s substantive or recovery rights or any

Employer defenses to be limited by virtue of the

terms of this mediation process. Hence, during the

pendency of the mediation process, any statutes of

limitations and/or filing periods shall be tolled,

and recovery of appropriate damages shall be

permitted for all time periods during which

mediation is occurring or has occurred. To the

extent that the tolling described in this paragraph

is deemed legally ineffective, and without

conceding that any recovery is appropriate, the

Employee(s) shall have the contractual right to

seek recovery for any time period(s) that would

have been tolled without having to exhaust the

grievance and arbitration procedures set forth in

this Agreement.

(f) The RAB and the Union shall

provide affected Employee(s) and the Employee’s

or Employees’ Employer(s) with a list of

mediators who will be available to conduct the

mediation. The Mediator’s fees shall be paid for

168

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.

(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.

169

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, INC.

Howard I. Rothschild

President

SERVICE EMPLOYEES INTERNATIONAL

UNION LOCAL 32BJ

Manny Pastreich

President

170

MINIMUM WAGE RATES

JANUARY 1, 2024–DECEMBER 31, 2024

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 32.698 49.047 261.584 1,307.92

Forepersons 32.5855 48.87825 260.684 1,303.42

Starters 32.5855 48.87825 260.684 1,303.42

Others 29.973 44.9595 239.784 1,198.92

Guards* 28.516 42.774 228.128 1,140.64

Class B

Handypersons 32.667 49.0005 261.336 1,306.68

Forepersons 32.5545 48.83175 260.436 1,302.18

Starters 32.5545 48.83175 260.436 1,302.18

Others 29.942 44.913 239.536 1,197.68

Guards* 28.516 42.774 228.128 1,140.64

Class C

Handypersons 32.623 48.9345 260.984 1,304.92

Forepersons 32.5105 48.76575 260.084 1,300.42

Starters 32.5105 48.76575 260.084 1,300.42

Others 29.898 44.847 239.184 1,195.92

Guards* 28.516 42.774 228.128 1,140.64

171

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 32.648 48.972 261.184 1,305.92

Forepersons 32.5545 48.83175 260.436 1,302.18

Starters 32.5545 48.83175 260.436 1,302.18

Others 29.942 44.913 239.536 1,197.68

Guards* 28.516 42.774 228.128 1,140.64

Class B

Handypersons 32.575 48.8625 260.60 1,303.00

Forepersons 32.5055 48.75825 260.044 1,300.22

Starters 32.5055 48.75825 260.044 1,300.22

Others 29.893 44.8395 239.144 1,195.72

Guards* 28.516 42.774 228.128 1,140.64

Class C

Handypersons 32.452 48.678 259.616 1,298.08

Forepersons 32.3645 48.54675 258.916 1,294.58

Starters 32.3645 48.54675 258.916 1,294.58

Others 29.852 44.778 238.816 1,194.08

Guards* 28.516 42.774 228.128 1,140.64

ROUTE WORK

Handypersons 31.964 47.946 255.712 1,278.56

Forepersons 31.8515 47.77725 254.812 1,274.06

Starters 31.8515 47.77725 254.812 1,274.06

Others 29.039 43.5585 232.312 1,161.56

Guards* 27.8315 41.74725 222.652 1,113.26

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

“Others.”

172

MINIMUM WAGE RATES

JANUARY 1, 2025–DECEMBER 31, 2025

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 33.748 50.622 269.984 1,349.92

Forepersons 33.6355 50.45325 269.084 1,345.42

Starters 33.6355 50.45325 269.084 1,345.42

Others 30.973 46.4595 247.784 1,238.92

Guards* 29.516 44.274 236.128 1,180.64

Class B

Handypersons 33.717 50.5755 269.736 1,348.68

Forepersons 33.6045 50.40675 268.836 1,344.18

Starters 33.6045 50.40675 268.836 1,344.18

Others 30.942 46.413 247.536 1,237.68

Guards* 29.516 44.274 236.128 1,180.64

Class C

Handypersons 33.673 50.5095 269.384 1,346.92

Forepersons 33.5605 50.34075 268.484 1,342.42

Starters 33.5605 50.34075 268.484 1,342.42

Others 30.898 46.347 247.184 1,235.92

Guards* 29.516 44.274 236.128 1,180.64

173

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 33.698 50.547 269.584 1,347.92

Forepersons 33.6045 50.40675 268.836 1,344.18

Starters 33.6045 50.40675 268.836 1,344.18

Others 30.942 46.413 247.536 1,237.68

Guards* 29.516 44.274 236.128 1,180.64

Class B

Handypersons 33.625 50.4375 269.00 1,345.00

Forepersons 33.5555 50.33325 268.444 1,342.22

Starters 33.5555 50.33325 268.444 1,342.22

Others 30.893 46.3395 247.144 1,235.72

Guards* 29.516 44.274 236.128 1,180.64

Class C

Handypersons 33.502 50.253 268.016 1,340.08

Forepersons 33.4145 50.12175 267.316 1,336.58

Starters 33.4145 50.12175 267.316 1,336.58

Others 30.852 46.278 246.816 1,234.08

Guards* 29.516 44.274 236.128 1,180.64

ROUTE WORK

Handypersons 33.014 49.521 264.112 1,320.56

Forepersons 32.9015 49.35225 263.212 1,316.06

Starters 32.9015 49.35225 263.212 1,316.06

Others 30.039 45.0585 240.312 1,201.56

Guards* 28.8315 43.24725 230.652 1,153.26

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

“Others.”

174

MINIMUM WAGE RATES

JANUARY 1, 2026–DECEMBER 31, 2026

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 34.873 52.3095 278.984 1,394.92

Forepersons 34.7605 52.14075 278.084 1,390.42

Starters 34.7605 52.14075 278.084 1,390.42

Others 32.048 48.072 256.384 1,281.92

Guards* 30.591 45.8865 244.728 1,223.64

Class B

Handypersons 34.842 52.263 278.736 1,393.68

Forepersons 34.7295 52.09425 277.836 1,389.18

Starters 34.7295 52.09425 277.836 1,389.18

Others 32.017 48.0255 256.136 1,280.68

Guards* 30.591 45.8865 244.728 1,223.64

Class C

Handypersons 34.798 52.197 278.384 1,391.92

Forepersons 34.6855 52.02825 277.484 1,387.42

Starters 34.6855 52.02825 277.484 1,387.42

Others 31.973 47.9595 255.784 1,278.92

Guards* 30.591 45.8865 244.728 1,223.64

175

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 34.823 52.2345 278.584 1,392.92

Forepersons 34.7295 52.09425 277.836 1,389.18

Starters 34.7295 52.09425 277.836 1,389.18

Others 32.017 48.0255 256.136 1,280.68

Guards* 30.591 45.8865 244.728 1,223.64

Class B

Handypersons 34.750 52.125 278.00 1,390.00

Forepersons 34.6805 52.02075 277.444 1,387.22

Starters 34.6805 52.02075 277.444 1,387.22

Others 31.968 47.952 255.744 1,278.72

Guards* 30.591 45.8865 244.728 1,223.64

Class C

Handypersons 34.627 51.9405 277.016 1,385.08

Forepersons 34.5395 51.80925 276.316 1,381.58

Starters 34.5395 51.80925 276.316 1,381.58

Others 31.927 47.8905 255.416 1,277.08

Guards* 30.591 45.8865 244.728 1,223.64

ROUTE WORK

Handypersons 34.139 51.2085 273.112 1,365.56

Forepersons 34.0265 51.03975 272.212 1,361.06

Starters 34.0265 51.03975 272.212 1,361.06

Others 31.114 46.671 248.912 1,244.56

Guards* 29.9065 44.85975 239.252 1,196.26

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

“Others.”

176

MINIMUM WAGE RATES

JANUARY 1, 2027–DECEMBER 31, 2027

OFFICE BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 36.073 54.1095 288.584 1,442.92

Forepersons 35.9605 53.94075 287.684 1,438.42

Starters 35.9605 53.94075 287.684 1,438.42

Others 33.198 49.797 265.584 1,327.92

Guards* 31.741 47.6115 253.928 1,269.64

Class B

Handypersons 36.042 54.063 288.336 1,441.68

Forepersons 35.9295 53.89425 287.436 1,437.18

Starters 35.9295 53.89425 287.436 1,437.18

Others 33.167 49.7505 265.336 1,326.68

Guards* 31.741 47.6115 253.928 1,269.64

Class C

Handypersons 35.998 53.997 287.984 1,439.92

Forepersons 35.8855 53.82825 287.084 1,435.42

Starters 35.8855 53.82825 287.084 1,435.42

Others 33.123 49.6845 264.984 1,324.92

Guards* 31.741 47.6115 253.928 1,269.64

177

LOFT BUILDINGS

Regular Overtime 8-Hour 40-Hour

Hr. Rate Hr. Rate Rate Rate

Class A

Handypersons 36.023 54.0345 288.184 1,440.92

Forepersons 35.9295 53.89425 287.436 1,437.18

Starters 35.9295 53.89425 287.436 1,437.18

Others 33.167 49.7505 265.336 1,326.68

Guards* 31.741 47.6115 253.928 1,269.64

Class B

Handypersons 35.950 53.925 287.60 1,438.00

Forepersons 35.8805 53.82075 287.044 1,435.22

Starters 35.8805 53.82075 287.044 1,435.22

Others 33.118 49.677 264.944 1,324.72

Guards* 31.741 47.6115 253.928 1,269.64

Class C

Handypersons 35.827 53.7405 286.616 1,433.08

Forepersons 35.7395 53.60925 285.916 1,429.58

Starters 35.7395 53.60925 285.916 1,429.58

Others 33.077 49.6155 264.616 1,323.08

Guards* 31.741 47.6115 253.928 1,269.64

ROUTE WORK

Handypersons 35.339 53.0085 282.712 1,413.56

Forepersons 35.2265 52.83975 281.812 1,409.06

Starters 35.2265 52.83975 281.812 1,409.06

Others 32.264 48.396 258.112 1,290.56

Guards* 31.0565 46.58475 248.452 1,242.26

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

“Others.”

178

INDEX

SUBJECT PAGE

AB Time …………………………………….71-71, 88-89

Arbitration ……………. 13-14, 19-20, 21-27, 40, 48,

61, 63-65, 67, 69, 80, 91, 100, 112

116, 125-127, 131-135, 157-158, 167

Attendance Bonus……………………………………. 148

Auditing …………………………………………………. 150

Benefit Funds …………………………. 33-50, 142-143

Better Terms and Conditions………………………. 78

Building Work……………………………………. 8-9, 83

Bulletin Board ………………………………………… 120

Cancellation of Account or Location ……. 9, 11-12

Check-off (Dues) ………………………………….. 14-18

Classification of Buildings …………………….. 50-52

Clinic Day (Service Center Visit) ………… 142-143

Common Disaster ………………………………159-160

Complete Agreement ……………………………….. 165

Consolidation of Jobs ………………………… 150-153

Contract Violators (Persistent) ………………….. 153

Cost of Living Increase………………………….. 53-55

Coverage of Agreement …………………………….. 1-9

Cuspidors ……………………………………………….. 160

Damage or Breakage ……………………………….. 124

Day of Rest …………………………………………….. 118

Days Off …………………………………. 59, 85-87, 113

Death in Family……………………………….. 106, 140

179

Death of Employee ………………………………….. 143

Differentials …………………………………………. 78-80

Disability Benefits …………… 34, 41, 72, 110, 111,

145-146, 147

Discharge ……. 10-11, 13-14, 62-63, 100, 138, 140

Discrimination …………………………… 100, 125-137

Discrimination – Protocol …………………… 126-127

Discrimination – Protocol Mediation ……. 127-132

Discrimination – Protocol Arbitration …… 132-134

Displacement or Transfer …………………. 62-63, 73

Duration………………………………………………. 30-31

EAP Coordinator …………………………………….. 161

Election Day Voting Time ………………………….. 87

Elevator Conversion ………………………….. 121-122

Elevator Starter ………………………………….. 58, 138

Employee Identification ……………………………. 142

Employees’ Property (Loss) ……………………… 119

Employees’ Room …………………………………… 138

Employment Agency Fee …………………… 137-138

Engineers……………………………………………. 30, 79

Experienced Employee ………….. 98, 100-101, 116

Eyeglasses ……………………………………………… 120

Family and Medical Leave Act …………… 110, 125

Fines ……………………………………………….. 123-124

Fire Safety Director ………………………….. 139, 161

First Aid Kit ……………………………………………. 119

Firepersons ……………………………………….112-113

Flexibility ………………………………………………… 69

Foreperson ……………………… 53, 60, 139, 170-177

180

Garnishments ………………………………………….. 140

General Provisions

(Subsidiaries & Affiliates) ………………..158-159

Government Decrees ……………………………….. 144

Grievance Procedure …………………………….. 19-21

Guards (Security Officers) …………… 3, 30, 55, 68,

79, 96-100, 139, 170-177

Handyperson…………….. 53, 79, 138-139, 170-177

Health Fund …………………. 33-36, 37-40, 143, 146

Health, Safety, and HERO Act ……………. 153-158

Higher Rate of Pay ……………………………………. 60

Hiring Hall ………………………………………..137-138

Holidays …………………….. 8, 58, 70, 80-87, 92-93,

105-106, 113, 140

Hours and Overtime ……….. 56-61, 63, 68, 88-89,

152, 156

Job Definitions ………………………………….138-139

Joint Industry Advancement Project ………… 73-77

Jury Duty…………………………………………. 141-142

Labor Peace Committee……………………………… 29

Layoff …………………………………….. 8, 94, 101-102

Leave of Absence ………………………… 72, 105-111

Legal Assistance (with Violations) ………. 123-124

Legal Services Fund …………………… 44, 46-47, 48

Licenses………………………………………….. 124, 140

Lie Detector ……………………………………………. 160

Locker and Restroom ………………………………. 120

Lockout……………………………………………. 3, 27-29

Luncheon Period……………………………… 58-59, 93

181

Management Rights …………………………………… 61

Meal Allowance ………………………………………… 60

Medical Leave ………………………..72-73, 110, 125

Method of Payment of Wages ………………… 92-94

Military Service ………………………………………. 124

Multi-Employer Bargaining……………………. 31-33

Mutual Obligations…………………………………… 1-9

National Labor Relations Board Deferral ……… 21

New Classification …………………………………….. 97

New Development ………………………………… 77-78

New Hire Rate and Contributions …….. 97-99, 116

New York City Earned Sick Time Act …. 146-150

Others classification …………………… 139, 170-177

Overtime ……………… 21, 56, 58-60, 80, 87, 92-93,

114, 140, 165, 170-177

Part-time Employees ……….. 57, 92, 112, 122, 149

Past Better Conditions ……………………………….. 78

Pension Fund ……….. 12, 20, 22, 33, 41-45, 48-50,

79, 98, 100, 108-109, 143, 150-153

Permits ………………………………………123-124, 140

Personal Day ………………………. 83-84, 85, 87, 149

Picketing ……………………………………………… 27-29

Political Contributions ……………………………….. 15

Postings of Vacancies ………………………………… 96

Pregnancy Leave …………………………………….. 111

Premium Pay ……………………………..56-58, 80, 86

Probationary Period (Trial Period)……………….. 97

Productivity ………………………………. 66-67, 90-91

Promotion ……………………………………….64, 96-97

182

Pyramiding ……………………………………….. 80, 147

Recall ………………………………………..101-102, 123

Reducing Force …………………..63-67, 94, 120-122

Relief Employees……………………………….. 92, 116

Relief Periods …………………………………. 58-59, 92

Replacements ……….. 55, 60, 96-97, 104, 108, 116

Resignation ……………………………………….121-122

Rest Room……………………………………………… 120

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

Route Work ………………… 7-9, 59, 68, 82-84, 171,

173, 175, 177

Safety and Health ……………………………… 153-158

Sale or Transfer of Building ……………………… 123

Sanitary Arrangements …………………………….. 120

Saving Clause …………………………………………. 164

Schedules …………….. 56-61, 63-65, 68, 88-92, 149

Security Background Checks………………. 162-163

Seniority ……………………. 8, 13, 61-62, 64, 70, 72,

85, 88, 94-95, 96, 101, 102,

104-108, 114, 122-123, 137

Seniority and Vacation in Relation to

Sickness and Accident Absence ……….. 103-105

Service Center Visit…………………………… 142-143

Sick Days………………………………….. 143, 146-150

Snow Removal ……………………………………….. 161

Sole Occupant Buildings ………………………… 8, 73

Strikes ………………………………………………3, 27-29

Subcontracting ………………………………………… 161

Successor Employer ………………… 31-32, 115-116

183

Supplemental Retirement &

Savings Fund ……………………. 13, 47-50, 99-100

Temporary Schedule Changes …………………….. 61

Term of Agreement ………………………………. 30-31

Termination Pay ………………………….. 94, 120-123

Tools……………………………………………….. 123-124

Training Fund …………………………..45-46, 79, 117

Training Programs (License/Permit) …….. 123-124

Trial Period ………………………………………………. 97

Unemployment Insurance ……………. 110, 145-150

Uniforms…………………………………………..118-119

Union Insignia ………………………………………… 120

Union Security ……………………………………….. 9-10

Union Visitation ……………………………………… 141

Vacancies ………………………………… 55, 96-97, 102

Vacation Replacements ………………… 97, 116-118

Vacations / Vacation Pay ……… 97, 102, 104, 108,

111-117

Veteran Transition Assistance …………….. 163-164

Voting Time …………………………………………….. 87

Wages / Wage Rates ……………… 50-55, 63, 65, 78

92-94, 170-177

Wage and Hour Claims………………………. 165-168

Wage Differentials ………………………………… 78-80

Weather Conditions …………………………………. 144

Work Clothes…………………………….. 118-119, 161

Work of Absentees …………………….. 70-71, 88-89

Work Schedules ……………………………………. 89-91

Work Stoppage …………………………………….. 27-29

184

Workload ……………………………………69-71, 89-91

Workers’ Compensation …………….. 34, 41, 71-73,

104-105, 110, 145-147

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS* Street

New York, NY 10011

Re: Reserved Question on Mandatory Arbitration for Statutory Discrimination Claims

Dear Manny:

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

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

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

Question”).

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

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

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

in the CBAs. The Reserved Question is as follows:

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

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

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

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

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

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

arbitration.

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

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

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

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

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

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

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

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

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

City.

In 2010, the parties initialed 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 ar.d 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

186

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 Rotli^^^

President, RAB

President, SEIU, Local 32BJ

187

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS* Street

New York, NY 10011

Re: Retail and Non-Commercial Locations

Dear Manny:

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).

President, RAB

Sincerely,

AGREED:

Manny Pastreich *

President, SEIU, Local 32BJ

188

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS* Street

New York, NY 10011

Re: No-Strike Provision

Dear Manny:

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

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

described in Article 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,

President, RAB

AGREED:

—

President, SEIU, Local 32BJ

189

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18* Street

New York, NY 10011

Re: Consultancy Committee

Dear Manny:

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

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

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

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

under this Agreement or the Commercial Building Agreement.

President, RAB

President, SEIU, Local 32BJ

190

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Transition of Guards to the Security Officer Agreement

Dear Manny:

This letter confirms our agreement regarding the transitioning of guards covered who are

employed by an Employer that is a member of the RAB and bound to the RAB Commercial

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

Agreement.

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

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

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

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

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

transfer such Guards to the RAB Security Officer Agreement.

AGREED:

Manny ftstreich

President, SEIU, Local 32BJ

191

December 27, 2023

Howard Rothschild, President

Realty Advisory Board on Labor Relations, Inc.

One Penn Plaza, Suite 2110

New York, NY 10119

Re: Reduction in Force

Dear Howard:

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

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

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

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

quarterly basis or more frequently as necessary.

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

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

Agreements will be utilized appropriately and in good faith.

President, SEIU, Local 32BJ

President, RAB

192

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Security Background Checks

Dear Manny:

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

invoke Article XVI (General Clauses), Section 57 (Security Background Checks) in connection

with a Social Security “no match” letter.

Sincere

Howard R child

President, RAB

AGREED:

193

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18*Street

New York, NY 10011

Re: Work Authorization and Status Disputes

Dear Manny:

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

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

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

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

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

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

President, RAB

AGREED:

Manny Pa^feich‘

President, SEIU, Local 32BJ

194

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Grievance and Arbitration

Dear Manny:

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

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

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

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

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

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

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

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

to ensure the timely adjudication of reduction in force cases.

President, RAB

AGREED:

President, SEIU, Local 32BJ

195

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18* Street

New York, NY 10011

Re: Industry Seniority

Dear Manny:

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

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

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

President, RAB

AGREED:

President, SEIU, Local 32BJ

196

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: Fire Safety Directors

Dear Manny:

This will confirm our understanding that the revisions made to Article 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, 2024 through December 31, 2027 providing

for annual lump-sum payments of $500.00 to regularly assigned EAP Coordinators, Fire Safety

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

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

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

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

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

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

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

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

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

President, RAB

President, SEIU, Local 32BJ

197

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS*Street

New York, NY 10011

Re: Permissive Guidelines for Building Closings for Reconstruction or Demolition

Dear Manny:

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

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

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

and minimizes layoffs.

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

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

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

building:

• the Employer shall notify the Union assoon 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 Contractors Agreement,

including the employees’ right to recall, consideration for vacation positions, or termination pay.

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

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

grievance and arbitration procedure of the relevant collective bargaining agreement.

President, RAB

AGREED:

—

President, SEIU, Local 32BJ

198

December 27, 2023

Howard Rothschild, President

Realty Advisory Board on Labor Relations, Inc.

One Penn Plaza, Suite 2110

New York, NY 10119

Re: Labor-Management Cooperation Trust Fund

Dear Howard:

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

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

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

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

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

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

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

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

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

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

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

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

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

shall continue until the termination of the LMCF.

President, SEIU, Local 32BJ

President, RAB

199

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS*Street

New York, NY 10011

Re: 2024 Commercial Building and Commercial Contractor Voluntary Early

Retirement Incentive Program

Dear Manny:

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

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

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

specified herein.

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

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

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

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

Retirement Savings Plan (“SRSP”) account in the amount of 520,000 (or such

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

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

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

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

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

Contractors Agreements (including security officers who have transitioned to

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

the Commercial Building and Contractors Agreements;

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

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

pension benefit improvement recommended to the Building Service 32BJ

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

in the 2023 Stipulation of Agreement;

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

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

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

electing early retirement pursuant to the terms of the 2024 Commercial

VERIP.

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

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

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

(a).

c) An Eligible Employee is an employee who:

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

ii. Is a vested participant in the Pension Fund;

iii. Has or will have at least15 years of Service Credit under Program A or B or a

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

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

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

September 1, 2024.

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

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

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

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

ii. Elects to start their benefits under the Pension Fund effective between July 1,

2024 and September 1, 2024; and

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

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

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

Employees, that 2024 Commercial VERIP Benefits are greater than any

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

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

including any collective bargaining agreement The Union understands and

agrees that each Eligible Employee will not receive the 2024 Commercial

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

Release.

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

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

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

Employees who are actively employed shall cease employment, and Eligible

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

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

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

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

individual in the vacant positions.

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

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

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

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

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

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

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

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

pyramiding of termination pay payments under this 2024 Commercial VERIP.

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

and receives the 2024 Commercial VERIP Benefits then subsequently returns to

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

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

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

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

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

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

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

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

any such employee who returns to employment with an Industry Employer

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

superintendent classifications may be treated as a new hire without Industry

Experience for wage rate purposes.

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

bargaining agreement that adopts reallocations of 32BJ Benefit Fund contributions

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

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

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

terms.

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

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

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

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

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

designated arbitrators pursuant to the corresponding 2024 Commercial VERIP

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

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

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

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

upon an arbitrator.

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

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

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

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

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

Program including, without limitation, those provisions concerning arbitration,

release of claims, and employee obligations.

Sincerely,

AGREED:

Manny

President, SEIU, Local 32BJ

Howard RothSCnild

President, RAB

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December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West IS*Street

New York, NY 10011

Re: Post-COVID Transition Protocols

Dear Manny:

This letter confirms the parties’ understanding that contractors that arc members of the RAB and

bound to the RAB Contractors Agreement and who are subcontractors for employers who are

signatories to the RAB Commercial Building Agreement, may, with their Commercial Building

Agreement signatory client, utilize the Post-Covid Transition Protocol set forth in the parties’

side letter to the Commercial Building Agreement.

President, RAB

AGREED:

President, SEIU, Local 32BJ

204

December 27, 2023

Manny Pastreich, President

SEIU, Local 32BJ

25 West 18th Street

New York, NY 10011

Re: 2024 Ratification Bonus

Dear Manny:

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

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

In accordance with the annual rates of contributions set forth in Article X, Section A(2), in 2024,

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

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

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

March 20, 2024) shall be $150.00 per month per covered employee, with the corresponding

reduction in the annual rate of contribution for 2024.

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

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

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

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

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

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

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

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

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

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

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

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

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

President, RAB

AGREED:

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President, SEIU, Local 32BJ

206

2024

CONTRACTORS AGREEMENT

MINIMUM WAGE RATES

2024–2027

(See Pages 170–177)

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