STIPULATION OF AGREEMENT
Agreement made on the 27th day of December, 2023 between Local 32BJ, Service
Employees International Union (“Union”), and the Realty Advisory Board on Labor
Relations, Inc. (“RAB”).
WHEREAS, the 2020 Commercial Building Agreement (the “Agreement”) between the
parties by its terms will expire on December 3 1 , 2023; and
WHEREAS, the RAB through its Commercial Negotiating Committee representing
certain commercial buildings, has now negotiated an Agreement with the Union on behalf of
itself and all its commercial building members; and
WHEREAS, the parties wish to include these terms in a written renewal Agreement;
NOW THEREFORE, the parties in consideration of the mutual covenants herein
contained, and subject to ratification by the Union’s membership and the RAB Board of
Directors, do hereby agree to extend the Agreement through December 3 1 , 2027 and amend the
Agreement in accordance with the following stipulation:
1. ARTICLE I (UNION RECOGNITION AND UNION SECURITY), SECTION 9
a) Modify the sixth and seventh paragraphs of Section 9 (at page 9) to read (new
language underlined, deleted language stricken):
“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 ACHwire transfer utilizing the 32BJ self-service portal, unless the Union directs, in
writing, that Deductions be remitted by means other than electronic transmittals. The
Union shall specify reasonable information to be recorded and/or transmitted by the
Employer, as necessary and consistent with this Agreement.
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
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Transition Period, Employers who deduct appropriately, but whose transmissions are
delayed, shall not be subject to interest or penalties owing to such delays.”
2. ARTICLE VIII (ARBITRATION), SECTION 8
a) Incorporate appropriate and agreed-upon changes to the Arbitrator Panel in Section 8
(at pages 30-31) by adding additional arbitrators to be agreed to by the parties before
publishing the contract, and removing arbitrators to be agreed to by the parties before
publishing the contract.
b) Replace the first sentence of Section 8(2) (at pages 27-28) with the following:
“A hearing shall be promptly scheduled in accordance with the Office of the Contract
Arbitrator (“OCA”) Protocols after either the Union or the RAB has served written
notice upon OCA, with copy to the other party, of any issue to be submitted.”
3. ARTICLE XI (HEALTH, PENSION, TRAINING, LEGAL AND
SUPPLEMENTAL RETIREMENT AND SAVINGS FUNDS)
a) SECTION A (HEALTH FUND)
(i). Update dates to reflect the 2024-2027 term of agreement.
(ii). Revise the amounts listed in paragraphs (2) through (5) (at page 42) to
reflect that the Employer shall make the following annual contributions
per employee into the Building Service 32BJ Health Fund:
Effective January 1, 2024
Effective January 1, 2025
Effective January 1, 2026
Effective January 1 , 2027
$23,892.00
$24,612.00
$25,104.00
$25,728.00
(iii). Revise the second sentence of paragraph (8) (at page 44) as follows (new
language underlined, deleted language stricken):
“The bargaining parties have already accepted the previous
recommendations of the Health Fund Study Committee to save the Health
Fund at least $70100 million per year in costs commencing no later than
January I , 2012, and recommended to the Health Fund Trustees, who
acted upon the recommendations, to take all legal action necessary . . .”
b) SECTION B (PENSION FUND)
(i). Update dates to reflect the 2024-2027 term of agreement.
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(ii). The bargaining parties shall recommend to the Trustees of the Building
Service 32BJ Pension Fund (“Pension Fund”) a ten percent (10%) pension
benefit enhancement for all participants in Programs A and B of the
Pension Fund effective July 1 , 2024 in accordance with the Trust
Agreement rules and procedures of the Pension Fund and applicable law.
(iii). Revise the amounts listed in paragraph (2) (at page 48) to reflect that the
Employer shall make the following weekly contributions per employee
into the Building Service 32BJ Pension Fund:
Effective January 1, 2024
Effective January 1 , 2025
Effective January 1 , 2026
Effective January 1, 2027
$134.75
$138.75
$142.75
$146.75
c) SECTION C (TRAINING, SCHOLARSHIP AND SAFETY FUND)
(). Revise the amount listed in the second paragraph (at page 5 1 ) to reflect
that, effective January 1, 2024, the Employer shall contribute the
following annual contributions per year per employee to the Thomas
Shortman Training, Scholarship and Safety Fund:
Effective January 1 , 2024
Effective January 1 , 2025
Effective January 1 , 2026
Effective January 1 , 2027
$169.60
$169.60
$193.60
$193.60
d) SECTION D (GROUP PREPAID LEGAL FUND)
(i). Update dates to reflect the 2024-2027 term of agreement.
(ii). Revise the amounts listed in the second and third paragraphs (at pages 5 1
52) to reflect that the Employer shall make the following contributions per
year per employee into the Building Service 32BJ Legal Services Fund:
Effective January 1 , 2024
Effective January 1 , 2025
Effective January 1 , 2026
Effective January 1, 2027
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$36.32
$199.60
$175.60
$175.60
e) SECTION E (SUPPLEMENTAL RETIREMENT AND SAVINGS FUND
(SRSF))
(). Revise the second paragraph (at page 52) to reflect that, effective January
I , 2024, the Employer shall contribute $13.00 per week per employee to
the Building Service 32BJ Supplemental Retirement and Savings Fund.
4. ARTICLE XI (HEALTH, PENSION, TRAINING, LEGAL AND
SUPPLEMENTAL RETIREMENT AND SAVINGS FUNDS), SECTION F
(PROVISIONS APPLICABLE TO ALL FUNDS)
a) Replace paragraph (3) (at page 54) with the following language:
“Except as otherwise provided in Article XXI, Section I 0(b) below, with respect to
the Building Service Pension and Supplemental Retirement Savings Funds,
employees shall have a waiting period of ninety (90) days before becoming eligible to
participate in the Funds and no contribution shall be made on behalf of employees
during the ninety (90) day period. However, notwithstanding the foregoing, newly
hired employees shall be eligible to participate in the Training Fund upon their date of
hire.”
5. ARTICLE XIII (SICKNESS BENEFITS)
a) Modify the first paragraph of Section I (at page 56) to read (new language
underlined, deleted language stricken):
“Any regular employee with at least one ( I ) year of service (as defined in Section 4
below) in the building or with the same Employer, shall receive in a calendar year
from the Employer ten (I 0) paid sick days for bona fide illness. Regular employees
with less than one ( I ) year of service shall be advanced up to three (3) paid sick or
other paid days off from the allotments that they receive upon their first anniversary
to obtain a maximum of seven (7) paid days in their first year of employment for the
purposes specified in the New York Paid Sick Leave Law, Labor Law Section 196-b,
and the New York City Earned Safe and Sick Time Act. N.Y.C. Admin. Code Section
20-911 et seq.”
b) Modify the second paragraph of Section I (at page 56) to read (new language
underlined, deleted language stricken):
“Any employee entitled to sickness benefits shall be allowed five (5)seven (7) single
days of paid sick leave per year taken in single days. The remaining five (5)three@3)
days of paid sick leave may be paid either for illnesses of more than one (1 ) day’s
duration or may be counted as unused sick leave days.”
c) Modify Section 6 (at pages 58-59) to read (new language underlined, deleted
language stricken):
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“The parties agree that on an annual basis the paid leave benefits provided to regular
employees under this Agreement, including but not limited to paid sick leave,
vacation days, personal days, elective holidays, and service center days are
comparable to or better than those provided under the New York City Earned Safe
and Sick Time Act, N.Y.C. Admin. Code§ 20-911 et seq., and the New York Paid
Sick Leave Law, N.Y. Labor Law§ 196-b. Therefore, the provisions of thosethat
Acts are hereby waived.”
6. ARTICLE XVII (WAGES AND HOURS)
a) The provisions of Article XVII, Section I (at pages 62-65) shall be modified as
follows (new language underlined, deleted language stricken):
(a) Effective January 1 , 20202024, each employee covered hereunder shall receive a
wage increase of $0.650.50 for each regular straight time hour worked.
(b) Effective January 1 , 20212025, each employee covered hereunder shall receive a
wage increase of $0.791.00 for each regular straight time hour worked.
(c) Effective January 1 , 20222026, each employee covered hereunder shall receive a
wage increase of $Gri-Ql .075 for each regular straight time hour worked.
(d) Effective January 1 , 20232027, each employee covered hereunder shall receive a
wage increase of $0.8251.150 for each regular straight time hour worked.
(e) Additionally, the minimum hourly rate differential for handypersons, forepersons
and starters, which shall include all employees doing similar or comparable work
by whatever title known, shall be increased by $0.05 effective on each of the dates
set forth in sub-paragraphs (a) through (d).
Minimum wage rates shall be those set forth in the tables on pages 155-162
hereof, increased accordingly to reflect the above increases in each category of
work.
Effective January 1 , 20212025, in the event that the percentage increase in the
cost of living [Consumer Price Index for the City of New York-Metropolitan Area
(New York-New Jersey) Urban Wage Earners and Clerical Workers] from
November 20192023 to November 20202024 exceeds 6.5%, then, in that event,
an increase of $.10 per hour for each full 1 % increase in the cost of living in
excess of 6.5% shall be granted effective for the first full work week commencing
after January 1 , 20212025. In no event shall said increase pursuant to this
provision exceed $.20 per hour. In computing increases in the cost of living above
6.5%, less than .5% shall be ignored and increases of .5% or more shall be
considered a full point. Any increases hereunder shall be added to the minimum.
Effective January 1 , 20222026, in the event that the percentage increase of the
cost of living [Consumer Price Index for the City of New York-Metropolitan Area
(New York-New Jersey) Urban Wage Earners and Clerical Workers] from
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November 20202024 to November 20212025 exceeds 6%, then, in that event, an
increase of $.10 per hour for each full 1% increase in the cost of living in excess
of 6% shall be granted effective for the first full work week commencing after
January 1 , 20222026. In no event shall said increase pursuant to this provision
exceed $.20 per hour. In computing increases in the cost of living above 6%, less
than .5% shall be ignored and increases of .5% or more shall be considered a full
point. Any increases hereunder shall be added to the minimum.
Effective January 1 , 20232027, in the event that the percentage increase in the
cost of living [Consumer Price Index for the City of New York-Metropolitan Area
(New York-New Jersey) Urban Wage Earners and Clerical Workers] from
November 20212025 to November 20222026 exceeds 6%, then, in that event, an
increase of $.10 per hour for each full 1% increase in the cost of living in excess
of 6% shall be granted effective for the first full work week commencing after
January 1 , 20232027, In no event shall said increase pursuant to this provision
exceed $.20 per hour. In computing increases in the cost of living above 6%, less
than .5% shall be ignored and increases of .5% or more shall be considered a full
point. Any increases hereunder shall be added to the minimum.
b) Insert the following language after the first paragraph of Article XVII, Section 2(a)
(at page 65):
“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.”
c) The provisions of Article XVII, Section 4 (at pages 68-69) shall be modified as
follows (new language underlined, deleted language stricken):
Employees who have a regular work schedule that includes Saturday or am! Sunday
as of December 3 1 , 2023, and are currently receiving premium pay of time and onehalf the regular straight time hourly rate of pay for work performed on Saturday or
Sunday shall continue to receive that premium pay for work performed on Saturday
or Sunday as part of their regular work schedule. New employees and those not
presently assigned weekend work and receiving weekend premium pay shall not be
entitled to premium pay for work performed on Saturday or Sunday unless the
employee is entitled to premium pay pursuant to another provision of this Agreement.
Part-time employees will also receive time and one-half the regular straight time
hourly rate of pay for all work performed on Saturdays and Sundays. If after January
1, 2024, the Employer creates or fills five (5) days per week positions that include
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regularly scheduled weekend work as part of a 40-hour per week schedule, employees
in those positions will not be entitled to premium pay for work performed on
Saturday or Sunday unless the employee is entitled to a premium under a different
provision of this Agreement.premium days for all employees (excluding guards hired
on or after January I , 1978) and work performed on such days shall be paid for at the
rate oftime and one halfthe regular straight time hourly rate of pay
In determining whether an employee’s work shift is to be considered as falling on
Saturday or Sunday, for this sectionthe purpose of premium pay, it is understood that
the meaning of Saturday or Sunday work shall be the same as now applies or, where
there is no such practice, shall be based upon the holiday premium pay practice.
The parties agree that where an Employers normal business includes weekend
operations, the rationale for weekend premium pay may not be present. Upon the
RAB’s request, the Union shall consider whether operations at particular locations
warrant relieffrom the weekend premium pay obligation, and ifthe Union agrees that
the circumstances warrant relief, the Union and the RAB may agree that weekend
premium pay will not be required.
In newly constructed buildings, employees whose regular shifts include work on
Saturday or Sunday shall not receive weekend premium pay for work on those days.
This shall not affect eligibility for other premium pay for which the employees might
otherwise qualify, including but not limited to overtime pay:
7. ARTICLE XVIII (SUPERINTENDENTS), SECTION B (WAGES AND HOURS)
a) The provisions of Article XVIII, Section B (at page 71) shall be modified as follows
(new language underlined, deleted language stricken):
Effective January 1, 20202024, Superintendents covered by the Agreement shall
receive a $30.0024.00 weekly wage increase.
Effective January 1, 20212025, Superintendents covered by the Agreement shall
receive a $32.0044.00 weekly wage increase.
Effective January 1 , 20222026, Superintendents covered by the Agreement shall
receive a $32.0047.00 weekly wage increase.
Effective January 1 , 20232027, Superintendents covered by the Agreement shall
receive a $37.0050.00 weekly wage increase.
8. ARTICLE XX (TERMS OF AGREEMENT AND RENEWALS)
a) Revise dates to reflect a four (4) year agreement through and including December 3 1 ,
2027. Expiration date for engineers and superintendents shall be extended to February
29, 2028.
9. ARTICLE XXI (GENERAL CLAUSES), SECTION 3 (HOLIDAYS)
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a) The holiday schedule shall be revised by changing the dates of the current holidays to
the appropriate dates for the years 2024, 2025, 2026, and 2027.
b) Revise the Elective Holiday list (at page 84) to include Juneteenth.
10. ARTICLE XXI (GENERAL CLAUSES), SECTION 10 (REPLACEMENTS,
PROMOTIONS, VACANCIES, TRIAL PERIODS, AND NEWLY HIRED
EMPLOYEES)
a) Modify the first paragraph of Section 10(a) (at page 91) to read (new language
underlined, deleted language stricken):
“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 and appearance, where required, shall
also be considered.”
b) Modify the last paragraph of Section I0(a) (at page 92) to read (new language
underlined, deleted language stricken):
“There shall be a trial period for all newly hired employees for sixty (60) ninety (90)
calendar days.”
11. ARTICLE XXI (GENERAL CLAUSES), SECTION 11 (RECALL)
a) Modify the fourth sentence of Section 1 1 (at page 96) to read (new language
underlined, deleted language stricken):
“The Employer shall notify the last qualified laid-off employee of any job vacancy by
certified pr registered mail, return receipt requested, and may also provide
supplemental notice by e-mail and/or text message, at such employee’s last known
address, of any job vacancy. A copy of this notice shall be sent to the Union.”
12. ARTICLE XXI (GENERAL CLAUSES), SECTION 13 (VACATIONS AND
VACATION RELIEF EMPLOYEES)
a) Replace the last paragraph of Section 13(b) (at page 104) with the following
language:
“During the five (5) month vacation relief period, no contribution to any Benefit
Funds shall be made for a vacation relief person and vacation relief persons are not
eligible for 32BJ Benefit Fund coverage during the five (5) month vacation relief
period, except that they are eligible to participate in the Training Fund during the five
(5) month vacation relief period, consistent with Article XI, Section F(3) above” (as
revised herein).
13. ARTICLE XXI (GENERAL CLAUSES), SECTION 24 (N0 DISCRIMINATION)
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a) Modify paragraph (A) (at page 110) to read (new language underlined, deleted
language stricken):
“(A) There shall be no discrimination against any present or future employee by
reason of race, creed, color, age, disability, national origin, sex, union membership,
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 US.C. $ 1981, the Age Discrimination in Employment Act, the
Family Medical Leave Act, the New York State Human Rights Law, the New York
City Human Rights Code, New Jersey Law Against Discrimination, New Jersey
Conscientious Employee Protection Act, Connecticut Fair Employer Practices Act, 42
U.S.C. $ 1981, Family and Medical Leave Aet, or any other similar laws, rules or
regulations. All such claims shall be subject to the grievance and arbitration
procedure (Articles VII and VIII) as the sole and exclusive remedy for violations.
Provided, however, that nothing herein shall preclude the filing or adjudication of any
statutory claim at any time (i) before the Equal Employment Opportunity
Commission (“EEOC”) or other similar agency whose jurisdiction includes
employment discrimination claims; or (ii) before the National Labor Relations Board
(NLRB”). Nor shall an employee be required to submit a claim involving sexual
harassment and/or sexual assault to arbitration. Arbitrators shall apply appropriate
law in rendering decisions based upon claims of discrimination.”
b) Modify paragraph (B)(1) (at page 1 1 1 ) to read (new language underlined, deleted
language stricken):
“(B) No-Discrimination Protocol
{1) Protoco[!Footnote from 2020 Agreement will be included in integrated Agreement text)
The parties to this Agreement, the Union and RAB, believe that it is in the best
interests of all involved – employees, members of the Union, employers, the Union,
the RAB and the public interest – to promptly, fairly, and efficiently resolve claims of
workplace discrimination, harassment and retaliation as covered in the No
Discrimination Clause of the relevant collective bargaining agreement (collectively,
“Covered Claims”). Such Covered Claims are very often intertwined with other
contractual disputes under this Agreement. The RAB, on behalf of its members,
maintains that it is committed to refrain from unlawful discrimination, harassment
and retaliation. The Union maintains it will pursue its policy of evaluating such
Covered Claims and bringing those Covered Claims to arbitration where appropriate.
To this end, the parties establish the following system of mediation and arbitration
applicable to all such Covered Claims, 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-whenever they arise. The Union
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and RAB want those covered by this Agreement and any individual attorneys
representing them to be aware of this Protocol.”
c) Add the following as a new paragraph (B)(2)(a) (at page 1 1 2 ) (current paragraphs
(B)(2)(a) through (B)(2)(i) to be renumbered as paragraph (B)(2)(b) through
(B)(2)0)):
“(a) The Mediation Protocol set forth below is mandatory for all Covered Claims.”
d) Update reference in current paragraph (B)(2)(b) (at page 1 1 3 ) to “2022 Apartment
Building CBA, Article VI, Paragraph 8.”
e) Add the following as a new paragraph (B)(2)(k) (at page 1 1 5 ) :
“(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 seventy-five (75) days after providing the Notice of Claim. In the event that
mediation has not been conducted for seventy-five (75) days at the time the employee
files a claim in court, the employer may request that the court stay the action pending
completion of the seventy-five (75) days of mediation but may not seek dismissal.”
f) Add the following as a new paragraph (B)(5) (at pages 1 1 8 – 1 1 9 ) :
“Nothing contained within this Protocol shall require mediation or arbitration where
prohibited by law. With respect to any Covered Claim that employees may not
lawfully be required to submit to mediation or arbitration, employees may voluntarily
submit such claims to the foregoing mediation and/or arbitration procedures.”
g) Name new and/or additional mediators, before the publication of this Agreement, to
the Mediation Panel for Covered Claims brought to mediation based on the No
Discrimination Protocol referenced in Section 24(8).
14. ARTICLE XX] (GENERAL CLAUSES), SECTION 29 (BUILDING SAFETY AND
SECURITY)
a) Rename the Section, “Health, Safety and HERO Act.”
b) Add the following new Subsection (B) (at page 123, renumbering the current
paragraph Subsection (A)) (from the HERO Act Memorandum of Agreement
executed July 12, 2021 (new language underlined, deleted language stricken)):
“Whereas, SEU Loeal 32BJ (Union?’) and the Realty Advisory Board on Labor
Relations, Ine. (‘RAB), on behalfofits members (Employers) are parties 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);
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Whereas, the COVID 1 9 pandemic has impacted building operations and building
service-workers throughout the City ofNew York and its surrounding counties;
Whereas, the parties desire to maintain the stable labor relations that have served
them well during the€OVID19 pandemic, and ensure an effective and consistent
response across the Industry to this and future public health crises arising form
airborne infectious diseases;
Whereas, oOn May 5, 2021, the New York Health and Essential Rights Act, Senate
Bill 1034B (“S1034B”), amending the New York Labor Law to include provisions on
prevention of airborne infeetionsinfectious 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”). by Governor Cuomo;
Whereas the parties have sought to provide reasonable and effective-protection from
airborne infeetious diseases to employes in the Industry from the outset of the
€OVID-19pandemic and wish to continue such valuable and effective cooperation;
Now, therefor, the RAB, on behalfof its members, and the Union Consistent with the
HERO Act MOA, the parties agree to implement the following to ensure a safe and
healthy workplace for Industry employees-as follows:
1 . In the event the HERO Act is once again triggered, the parties agree
Employers agree to adopt an airborne infectious disease exposure
prevention plan by August 2, 2021no 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 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 object to such plan, in writing, within the fourteen ( 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 labormanagement workplace safety committees. The workplace safety
1 1
3.
committees will be organized by Employer, except where the parties
mutually agree that another format is acceptable. The workplace safety
committees shall be comprised of Employer representatives, selected in
consultation with the RAB, Union representatives, and bargaining unit
employee representatives as the Union may designate. The workplace
safety committees shall meet as needed, upon the request of either the
Employer or the Union, at such times and in such manner as the
Employer, RAB and the Union may deem reasonable and proper. Each
workplace safety committee so-established, will have the ability,
consistent with S 1034B, 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; (ed) 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 ill 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 abovereferenced Building Agreements, may form a workplace safety committee
that covers all or some of the commonly-owned, commonly-managed
buildings. Established workplace safety committees may make reports and
recommendations to the Employer, as necessary, concerning the above
and other matters covered by S 1034B within their responsibility to the
Employer as may be appropriate.
The RAB, on behalf of its members, and the Union agree that the benefits
provided under the Agreements and under this Memorandum of
AgreementSection 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 ofMemorandum of Agreement_the HERO_Act MOA, shall be resolved
through the Elf)plieable grievance and arbitration processes of eaeh of the
applicable Agreements 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
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from a condition which exists, or from one or more practices, means,
methods, operations or processes which 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 REBNY, 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.”
15. Eliminate Obsolete Provisions.
a) Delete the last sentence of Article XXI, Section 21(d) (at page 108):
“Where an employee was placed on a part time basis or suffered a pay reduction
because of a change in such employee’s work category prior to February 1 , 1966, and
did not receive termination pay based on such employee’s former pay, “week’s pay
shall be determined by agreement, or through grievance and arbitration.”
b) Remove Side Letter Re: Employer Contributions to Pension and SRSP Funds (at page
142).
16. Continue all applicable side letters and execute new side letters, as attached.
17. Update all dates as necessary throughout the Agreement to correspond to the 2024
through 2027 term of the Agreement.
18. Continue to replace gendered pronouns throughout the Agreement with nongendered nouns (e.g., replace “he,” she,” “him,” or “her” with “employee,”
“supervisor”, etc., as appropriate) at the integration of the contract.
19. Update and confirm page, article, and section numbering/lettering.
The parties agree to include in the final contract any language clarification which
may be necessary as a result of this Stipulation of Agreement. This Agreement is subject to
ratification by the Union and by the RAB Board of Directors.
AGREED to on this 27th day of December, 2023.
LOCAL 32BJ, SERVICE EMPLOYEES
INTERNATIONAL UNION
1 3
REALTY ADVISORY BOARD ON
LABOR RELATI S, INC.
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 10011
Re: Reserved Question on Mandatory Arbitration for Statutory Discrimination Claims
Dear Manny:
This letter will confirm our understanding on the issue of whether arbitration is mandatory for
statutory discrimination claims brought under the No Discrimination Clause found in the
Collective Bargaining Agreements (“CBAs”) between the RAB and the Union (the “Reserved
Question”).
Following the decision of the Supreme Court in 14 Penn Plaza LLC v. Pyett, 556 U.S. 247
(2009), the RAB and the Union have had a dispute about the Reserved Question, specifically
regarding the meaning of the No Discrimination Clause and the grievance and arbitration clauses
in the CBAs. The Reserved Question is as follows:
The Union contends that the CBAs do not make provision for arbitration of any
claims that the Union does not choose to take to arbitration, including statutory
discrimination claims, and therefore, individual employees are not barred from
pursuing their discrimination claims in court where the Union has declined to
pursue them in arbitration. The RAB contends that the CBAs require arbitration of
all individual claims, even where the Union has declined to bring such claims to
arbitration.
The parties agree that, should either the Union or the RAB deem it appropriate or necessary to do
so, that party may bring to arbitration the Reserved Question. The parties intend that the
Reserved Question may only be resolved in arbitration between them and not in any form of
judicial or administrative proceeding. The outcome of the Reserved Question hinges on
collective bargaining language and bargaining history, which are subjects properly suited for
arbitration. Such arbitration may be commenced on 30 calendar days’ written notice to the other
party. The arbitrator for such arbitration shall be Roberta Golick, unless she is unable or
unwilling to serve, in which case the parties shall agree upon an arbitrator, and failing agreement
shall submit the case to arbitration before the American Arbitration Association, in New York
City.
In 2010, the parties initiated the No-Discrimination Protocol. The No-Discrimination Protocol is
applicable to all such claims. This Protocol was intended, and continues, to serve as an
alternative to arbitrating the parties’ disagreement on the Reserved Question. The parties agreed
to include the No-Discrimination Protocol as part of the CBAs, as further modified in December
2015. The Union and the RAB agree that the provisions of the No-Discrimination Protocol do
not resolve the Reserved Question. Neither the inclusion of the No-Discrimination Protocol in
14
the CBAs nor the terms of the No-Discrimination Protocol shall be understood to advance either
party’s contention as to the meaning of the CBAs with regard to the Reserved Question, nor will
either party make any representation to the contrary.
Without prejudice to either parties’ position on the continued viability of any other side letter,
this side letter shall continue in effect unless and until the parties agree otherwise or until the
Reserved Question is decided by Arbitrator Golick.
+ . How�ild
President, RAB
AGREED:
#
President, SEIU, Local 32BJ
1 5
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 1 8 Street
New York, NY 1 0 0 1 1
Re: No-Strike Provision
Dear Manny:
This letter confirms that the Union will use its best efforts to notify the Labor Peace Committee
in advance of any disputes/issues relating to a signatory employer prior to engaging in activities
described in Article IX, paragraph 6 of the Commercial Building Agreement. Any disputes
regarding the sufficiency of the notice shall be addressed solely at, and by, the Labor Peace
Committee, and not by recourse to Article VIII, or in any other forum.
Sincerely,
e.
President, RAB
AGREED:
akN
President, SEIU, Local 32BJ
16
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 1 0 0 1 1
Re: Transition from Contractor to Direct Building Employee
Dear Manny:
No employee who is transferred from a contractor to the building payroll purely as a result of the
owner and/or agent terminating the contractor and performing building service work directly,
shall suffer a loss of benefits that are determined by an employee’s accrued time (years of
service) as provided in Article XIII (Sickness Benefits) and Article XXI, Section 1 1 (Recall),
Section 12 (Leave of Absence and Pregnancy Leave), Section 1 3 (Vacations and Vacation Relief
Employees), and Section 21 (Termination Pay) of the Agreement.
Sincerely,
Howard Ro
President, RAB
AGREED:
ta’f
President, SEIU, Local 32BJ
1 7
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 1 8 Street
New York, NY 1 0 0 1 1
Re: Consultancy Committee
Dear Manny:
The parties recognize that the use of consultants is a practice that has arisen in the industry. Upon
the Union’s request, the parties agree to create a joint committee consisting of the Union
President and the RAB President, or their designees, to discuss issues affecting employees
covered under this Agreement that arise out of any consultancy with respect to work covered
under this Agreement or the Contractors Agreement.
President, RAB
AGREED:
z,,{d
Manny Pastreich
President, SEIU, Local 32BJ
1 8
December 27, 2023
Howard Rothschild, President
Realty Advisory Board on Labor Relations, Inc.
One Penn Plaza, Suite 2 1 1 0
N e wYork, NY 1 0 1 1 9
Re: Reduction in Force
Dear Howard:
This will confirm our understanding during our recent negotiations that the Union and the RAB
reaffirm their commitment to the Special Committee process set forth in Article V of the
Commercial Building Agreement and in Article XIII of the Contractors Agreement.
Upon the request of the President of the RAB, the Special Committee shall meet on at least a
quarterly basis or more frequently as necessary.
To keep the New York City area Real Estate Industry competitive and productive, the parties
recommit that the Reduction in Force process under the Commercial and Contractors
Agreements will be utilized appropriately and in good faith.
Sincerely,
ad
President, SEIU, Local 32BJ
AGREED:
.
d oth 1 d
President, RAB
1 9
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 1 0 0 1 1
Re: A-B Time Side Letter
Dear Manny:
The parties agree that where an A-B time pay practice existed at the building prior to January 1 ,
2008, all employees on the payroll prior to that date, and working within the scope of the A-B
time practice, shall continue to receive this benefit. Employees hired after January 1 , 2008, will
not be eligible for the A-B time practice. Absentee work assignments shall be rotated fairly
among all employees by seniority order.
Sincerely
7%
President, RAB
AGREED:
4if
President, SEIU, Local 32BJ
20
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 10011
Re: Security Background Checks
Dear Manny:
This will confirm our understanding during our recent negotiations that an Employer may not
invoke Article XXI (General Clauses), Section 43 (Security Background Checks) in connection
with a Social Security “no match” letter.
F . Howa�child
President, RAB
AGREED:
ez#
President, SEIU, Local 32BJ
21
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 1 8 Street
New York, NY 1 0 0 1 1
Re: Transition of Guards to the Security Officer Agreement
Dear Manny:
This letter confinns our agreement regarding the transitioning of guards who are employed by an
Employer that is a member of the RAB and bound to the RAB Commercial Building Agreement
and/or RAB Contractor Agreement to the RAB/Local 32BJ Security Officer Agreement.
Any Employer wishing to remove its Guards from this Agreement and, instead, have those
Guards covered under the RAB Security Officers Agreement shall, together with the RAB,
negotiate a transition agreement with the Union facilitating such transfer consistent with
established transition agreements. This transition procedure is exclusive to the Union and the
RAB, and in such circumstances, the Union shall not unreasonably withhold its agreement to
transfer such Guards to the RAB Security Officer Agreement.
5k
Howard Rothschild
President, RAB
AGREED:
z=.if
President, SEIU, Local 32BJ
22
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 1 0 0 1 1
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
32B1 and the President of the RAB, or their designees.
±e. .5EE.
President, RAB
AGREED:
elf
President, SEIU, Local 32BJ
23
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 1 8 Street
New York, NY 1 0 0 1 1
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 ofthe 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.
Sincerely,
AGREED:
z.al’
President, SEIU, Local 32BJ
24
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 1 8 Street
New York, NY 1 0 0 1 1
Re: Industry Seniority
Dear Manny:
The parties recognize that, in situations in which an employee with many years of continuous
service in the industry is forced to bump into another location and then faces a change of
employer at that location, the employee’s seniority standing for purpose of layoff and recall may
be impacted. The parties agree to meet in committee to discuss ways to address this and like
circumstances. The committee shall consist of the President of the RAB and the President of the
Union, or their designees.
Sincerely,
President, RAB
AGREED:
President, SEIU, Local 32BJ
25
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18 Street
New York, NY 1 0 0 1 1
Re: Conversions
Dear Manny:
The parties agree to meet in committee to discuss the financial impact on employees of a sale
related to a change in the primary purpose of the building from a Commercial Building to a
Residential Building. The committee shall consist of the President of the RAB and the President
of the Union, or their designees.
Howard� al
President, RAB
AGREED:
#.ta m.
President, SEIU, Local 32BJ
26
December 27, 2023
Manny Pastreich, President
SEIU, Local 32B1
25 West 1 8 Street
New York, NY 1001 I
Re: Fire Safety Directors
Dear Manny:
This will confirm our understanding that the revisions made to Article XVII (Wages and Hours),
Section 1 1 in the collective bargaining agreement between the Union and the Employer covering
the period from January I , 2024 through December 3 1 , 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.
Sincerely,
%
President, RAB
AGREED:
ha.if
President, SEIU, Local 32BJ
27
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 1 8 Street
New York, NY 1 0 0 1 1
Re: Permissive Guidelines for Building Closings for Reconstruction or Demolition
Dear Manny:
Over the last few years, there has been a number of building closings for reconstruction or
demolition in our industry. Working together, the RAB, the Union, and the relevant Employers
have developed a process of successfully working together that advances everyone’s interests
and minimizes layoffs.
This letter generally describes how that process has worked. Where the Employer knows in
advance that all or a substantial portion of a building will be closing for reconstruction or
demolition and likely cause the displacement and/or layoff of the Employer’s employees at the
building:
• the Employer shall notify the Union as soon as practicable;
• the parties shall discuss the closure plan; and
• in order to minimize displacement and layoffs, the parties may agree to a process
whereby employees are offered placement in positions at other locations prior to or in
conjunction with the closing of the building.
To be clear, the parties are not required to agree to such a process. In the absence of such an
agreement , there shall be no abridgement of employees’ rights under the Commercial Building
Agreement, including the employees’ right to recall, consideration for vacation positions, or
termination pay. Nor shall there be any abridgment of the Employer’s rights.
This side letter is entered into on a non-precedential basis and shall not be subject to the
grievance and arbitration procedure of the relevant collective bargaining agreement.
.is%.
President, RAB
AGREED:
elf
President, SEIU, Local 32BJ
28
December 27, 2023
Howard Rothschild, President
Realty Advisory Board on Labor Relations, Inc.
One Penn Plaza, Suite 21 I 0
NewYork, 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.
Sincerely,
2##F
President, SEIU, Local 32BJ
AGREED:
.de
President, RAB
29
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18 Street
New York, NY 1 0 0 1 1
Re: Post-COVID Transition Protocols
Dear Manny:
The RAB and the Union recognize that the commercial real estate industry is still transitioning
from the Covid pandemic and adjusting to new patterns of use, utilization of space, and
occupancy resulting from these changes, including without limitation, increased remote work
arrangements.
The Union recognizes that the RAB, because of the large size and the nature of its membership
in the commercial building services and related industries of the New York City area, is the
principal bargaining representative for employers working in the industries with whom the Union
deals and where it represents employees. Accordingly, the terms of this side letter shall only
apply to buildings owned by RAB members and covered by 2024 RAB Commercial Building
Agreement (“Commercial Building Agreement”) and the contractor, if any is involved, is
signatory to the 2024 RAB Contractors Agreement (“Contractors Agreement”). Both must be
signatories to these Agreements to utilize the provisions of this side letter.
This letter sets forth the parties’ understanding that the existing reduction in force provisions,
including Article V, Section 1(a), (b) and (g) in the Commercial Building Agreement are
intended to apply to a variety of circumstances where buildings establish that new patterns of
office occupancy, such as due to remote work, support changes in historic cleaning practices.
It has been the Union’s practice, and I understand that it remains the Union’s intention, to
respond expeditiously and in good faith to reductions in force requests, consistent with criteria in
the Agreement and this Side Letter, based on changes in the nature or scope of office occupancy
and utilization of space.
In light of the current commercial office environment, the parties agree to the following
modifications to the Commercial Building Agreement, effective October 1 , 2024 through
December 3 1 , 2026:
An employer that is bound by the Commercial Building Agreement, and a contractor that is
bound by the Contractors Agreement performing services for an employer that is bound by the
1 IfNew York City Commercial Real Estate market conditions (e.g., measured by Manhattan office occupancy and
vacancy rates) have not recovered to historical normal levels at that point in time, the parties can mutually agree to
extend this side letter.
30
Commercial Building Agreement (“Contractor”), (collectively “Employer”), may invoke Article
V, Section 5(a) as modified below2:
1 . The Employer shall have the right to reduce its work force in the following
circumstances, provided that, for the relevant time period, it can establish that the
changes listed below eliminate or have eliminated, an amount of work similar to the
proposed reduction in worker hours:
(a) Vacancies in building;
(b) Reconstruction of all or part of the building;
(c) The tenant performing the work itself;
(d) Change in utilization of space, including without limitation due to remote work of
tenants.
2. If the Employer’s reduction in its work force results in the layoff of any employee, the
Employer is required, in addition to their accrued vacation credits and termination pay, if
any, to give the employees employed for one (1) year or more one (1) week notice of
layoff or discharge, or in lieu thereof, an additional week pay. The Employer shall give
four (4) weeks written notification to the Union, the RAB, and in the case of a Contractor
notice, its signatory client, as specified in Article V, Section 5(a) of the Commercial
Building Agreement as modified in this side letter. Ifthe conditions for the reduction
remain unchanged, any changes to an Employer’s work force made pursuant to the terms
of this side letter shall survive the expiration of this side letter.
3. The Employer shall include in such notification the following:
(a) Reason for reduction, specifying whether the reduction is being made pursuant to
one or more of the reasons set forth in paragraph 1 .
(b) If reduction is office cleaning work, notification should include work schedules
showing hours, cleaning area footage and frequency of cleaning existing prior to
the reduction and after the reduction, and the utilization of the spaces, or other
special circumstances.
(c) If other work, notification should include the precise work to be eliminated,
setting forth the hours spent on each task to be eliminated and the changes in
schedules and duties of remaining employees resulting from the reduction in
force.
4. If the Contractor asserts that there are “extenuating circumstances” pursuant to Article
XVI, Section 7(b)(4) of the RAB Contractors Agreement arising from changes in
utilization of a space, including without limitation, due to the remote work of tenants, in
addition to the information required by Paragraph (3) above, the reduction request must
identify the changes in frequency and/or other measures being undertaken by the
Contractor establishing how the resulting duties do not exceed a reasonable day’s work.
Nothing in this provision is intended to modify any other tenn in the Commercial Building Agreement or the
Contractors Agreement.
3 1
5. In the event that a reduction in the work force is effectuated and the reason for the
reduction in the work force ceases to exist, then the Employer shall reinstate the
appropriate work force based on factors considered in this side letter. At all times while
this side letter is in effect, any employee who has been employed for one ( 1 ) year or more
in the same building, or in the case of contractor employees, in the Industry, and who is
laid off during the term of this side letter shall have recall rights of twelve (12) months.
Bumping must be pursuant to the Contractors Agreement or any site-specific agreements
negotiated with the RAB.
6. Ifthe Union grieves or arbitrates a dispute pursuant to this provision, the following shall
apply:
(a) The arbitration shall be expedited and in no event shall be scheduled and heard
later than seven (7) calendar days after the Union’s or Employer’s request for
arbitration.
(b) With respect to claims arising under Paragraph (1) above, the arbitrator shall have
the authority only to decide the question presented of whether the Employer
affirmatively demonstrated that the assignment of work is not unreasonable
utilizing the factors in this side letter. Ifthe Employer meets that burden, the
grievance must be dismissed.
(c) There shall be no adjournments granted without mutual consent and the Arbitrator
shall issue an award within seven (7) calendar days after the close of the hearing.
(d) All arbitrations conducted pursuant to this side letter shall be assigned to
Arbitrators Deborah Gaines, Karen Fernbach, and David Reilly, based on
Arbitrator availability.
#%%
Howard Rothschild
President, RAB
AGREED:
.alt-
President, SEIU, Local 32BJ
32
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 1001 I
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):
(). A one-time lump sum contribution to the Eligible Employee’s Supplemental
Retirement Savings Plan (“SRSP”) account in the amount of $20,000 (or such
lesser amount permitted under limits set by the Internal Revenue Code and
other applicable law) (“SRSP Lump Sum Contribution”) funded by the
diversion of contributions payable to the Building Service 32BJ Health Fund
(“Health Fund”) on behalf of participants in the Metropolitan and Suburban
Plans, that are subject to the terms of the Commercial Building and
Contractors Agreements (including security officers who have transitioned to
the RAB Security Officers Agreement), and the independent counterparts of
the Commercial Building and Contractors Agreements;
(i). 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;
(ii). 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
33
terms of this 2024 Commercial VERIP to provide the benefits described in Paragraph
(a).
c) An Eligible Employee is an employee who:
1. Is or will be age 60 or older on or before August 3 1 , 2024;
ii. Is a vested participant in the Pension Fund;
iii. Has or will have at least 15 years of Service Credit under Program A or B or a
combination of Programs A and B a s of July I, 2024; and
iv. Remains in active employment through June I, 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:
1. During the window period of April I, 2024 through and including July 3 1 ,
2024, complete and submit the Retirement Election Form, electing an
employment termination date between June 2, 2024 and August 3 1 , 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
34
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
35
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,
(i%.
President, RAB
AGREED:
e/%
President, SEIU, Local 32BJ
36
December 27, 2023
Manny Pastreich, President
SEIU, Local 32BJ
25 West 18″ Street
New York, NY 1 0 0 1 1
Re: 2024 Ratification Bonus
Dear Manny:
The parties agree that a one-time ratification bonus will be paid to certain eligible employees (as
discussed more fully below). This will confirm the details of that ratification bonus.
In accordance with the annual rates of contributions set forth in Article XI, Section A(2), in
2024, the monthly rate of contribution to the Health Fund shall be $1,991 per covered employee.
Notwithstanding anything to the contrary above, the rate of contribution for the months of
January 2024 and February 2024 (payable respectively on or before February 20, 2024 and
March 20, 2024) shall be $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.
j.
Howard Rothschild
President, RAB
AGREED:
37
President, SEIU, Local 32BJ