Roofers Waterproofing Association/L 8 CBA 5.1.2025 thru 4.30.2028

WORKING AGREEMENT

 

LOCAL UNION NO. 8

 

UNITED UNION

 

OF

 

ROOFERS,

 

WATERPROOFERS

 

AND

 

ALLIED WORKERS

 

AND

 

ROOFING & WATERPROOFING

 

CONTRACTORS ASSOCIATION

 

OF NEW YORK AND VICINITY

 

and those Employers who subscribe thereto

 

Effective May 1, 2025 Terminates April 30, 2028

 

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TABLE OF CONTENTS

 

ARTICLE PAGE

 

I. Agreement…………………………………………………….. 1

 

II. Geographic Jurisdiction…………………………………. 1

 

III. Work & Material Jurisdiction …………………………. 2

 

IV. Union Security and Recognition …………………….. 5

 

V. Wages……………………………………………………………. 8

 

VI. Hours and Holidays……………………………………….. 9

 

VII. Shift Work……………………………………………………… 10

 

VIII. Benefit Funds………………………………………………… 11

 

IX. Industry Promotion Fund………………………………. 15

 

X. Joint Apprenticeship Program ……………………….. 16

 

XI. Research and Education Fund ……………………….. 17

 

XII. Stewards ……………………………………………………….. 18

 

XIII. Travel and Transportation Schedule………………. 19

 

XIV. Safety, Health and Sanitation………………………….. 21

 

XV. Work Rules ……………………………………………………. 22

 

XVI. Miscellaneous ……………………………………………….. 24

 

XVII. Grievance Procedure …………………………………….. 26

 

XVIII. Renewal ………………………………………………………… 27

 

XIX. Signature and Information Page …………………….. 29

 

Schedule A ……………………………………………………. 30

 

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UNITED UNION OF ROOFERS,

 

WATERPROOFERS AND ALLIED WORKERS,

 

LOCAL UNION NO. 8

 

ARTICLE I

 

Agreement

 

AGREEMENT made as of the 1st day of May 2025, by and between

 

the United Union of Roofers, Waterproofers and Allied Workers,

 

Local Union No. 8, hereinafter referred to as the “Union,” and Roofing & Waterproofing Contractors Association of New York and Vicinity, hereinafter referred to as the “Association,” for and on behalf of

 

its members, who, together with such other Employers who may become parties to this Agreement, are hereinafter referred to as “Employers.”

 

Any Employer not a member of the Association agrees to be bound

 

by the terms and conditions of this Agreement in all respects and further agrees that the Association shalt act for and on behalf of such

 

Employer in all matters including the appointment of Employer

 

Trustees, and amendments and changes to the Agreement and Declaration of Trust.

 

If the Employer who has executed this Agreement is not a member

 

of the Association, then such Employer agrees that with respect to

 

any Health and Welfare, Summer/Winter, Annuity, Pension or any

 

other benefit plan, the Association shall act for and on behalf of such

 

Employers in all matters relating thereto, including the appointment

 

of Employer Trustees, and amendments and changes to the Agreement and Declaration of Trust.

 

WHEREAS, it is in the best interest of the parties to prevent strikes

 

and lockouts, promote the general welfare of the trade, to adjust all

 

grievances, thereby averting strikes, and to promote accord in the industry, and in consideration of the mutual covenants and conditions to

 

be observed and performed by the parties hereto, it is agreed that:

 

ARTICLE II

 

Geographic Jurisdiction

 

The geographic area and jurisdiction covered by this Agreement is

 

composed of the five (5) boroughs constituting the City of New York;

 

also Westchester, Rockland, Dutchess, Orange, Putnam, Sullivan and

 

Ulster Counties in New York State, and Hudson County, east of the

 

Hackensack River in New Jersey.

 

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ARTICLE III

 

Work and Material Jurisdiction

 

Section 1. This Agreement is made freely and by mutual consent of

 

the parties hereto, and is intended to set forth and describe rules and

 

regulations governing employment, wage scales and working conditions of Journeypersons roofers, waterproofers, damp proofers, Apprentices, foremen and all Employees engaged in connection with the application of roofing, damp proofing and waterproofing on any and all types

 

of structures with materials of the following description when used for

 

roofing, waterproofing, damp-proofing, or allied work and all trade jurisdictions pursuant to Article II of the Constitution of the International

 

Union of Roofers, Waterproofers and Allied Workers Constitution and

 

By-Laws of the International Union of Roofers, Waterproofers and Allied

 

Workers as adopted in October, 2023 and also specifically listed therein.

 

Tar, asphalt, pitch, felt, cotton cloth or any other bituminous material, or bitumen saturated or bitumen coated material, including all

 

types of acrylics.

 

Slag, marble chips, limestone chips, gravel or any other type of aggregate.

 

Cork, aluminum foil, celotex, glass fibre, foamglass, wood fibre,

 

vegetable fibre, insulations, or other fibers and Fabrics and felt stripping of sheet metals when used in conjunction with tar, asphalt, pitch

 

or any other type of bitumen or any other damp-proofing, water-resistant or waterproofing preparation and/or compounds.

 

Asphalt mastic, rock mastic, asphalt blocks and asphalt planks

 

when used primarily for waterproofing and roofing purposes. The laying, pouring and running of all wood block, tar block, tar concrete,

 

brick, slate and tile in or with pitch, tar, asphalt, plastic slate, asphaltic

 

mastic or any other form of bituminous material.

 

Colorless waterproofing, silicone coating, damp proofing fluid

 

compounds, semi-mastics, emulsions and the like materials whether

 

applied by brush, trowel or spray gun, including all plastic and vinyl

 

composition of any color for roofing and waterproofing. Pouring

 

and/or pointing of all expansion joints with bituminous material.

 

Stainless steel, asphalt & asbestos shingles; asphalt & asbestos siding & slate & tile. Dex-O-Tex, Cementitious or similar products for

 

roofing, waterproofing, and damp proofing.

 

Pitch enamels where the primary purpose is the protection of steel

 

and metals against the corrosive action of water, acids or any other

 

fluids. Bituminous materials where used for coatings. Preformed type

 

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waterproofing; Neoprene and Hypalon roofing systems. Trocal roofing system, water guidance roofing system. KMM, all 3M products,

 

polyurethane, thin-deck, Carlisle, etc. Epoxy coatings, Saraloy “400”

 

sisalkraft. Poly Ethylene and Poly Vinyl products such as Vis-Queen,

 

Nervarstral, Urethane, etc. All Weathercrete insulating fill.

 

All forms of elastomeric and/or plastic (elasticplastic) roofing and

 

waterproofing systems, both sheet and liquid applied whether singleply or multi-ply. These shall include but not be limited to:

 

PVC (polyvinyl chloride systems) Butyl Rubber

 

EPDM (ethylene propylene diene terpolymer)

 

P1B (polyisobutylene)

 

CPE (chlorosulfonated polyethylene) ECB (ethylene

 

copolymer-bitumen and anthracite dusts. Also know

 

as modified or plasticized asphalts.)

 

All insulations applied with the above systems, whether laid dry,

 

mechanically fastened, or attached with adhesives.

 

All sheetrock when used for fire retardation.

 

All types of aggregates, blocks (pavers), bricks or stones used to

 

ballast those elastoplastic systems.

 

All types of aggregates, blocks (pavers), or stones, used as a ballast for Inverted Roofing Membrane Assembly (IRMA) roofs, or roofs

 

of similar construction where the insulation is laid over the roofing

 

membrane, concrete paving units, or planking on any rooftop

 

walkover or patio decks.

 

All sealing and caulking of seams and joints on these elastoplastic

 

systems to ensure watertightness.

 

All liquid-type elastoplastic preparations for roofing, damp-proofing or waterproofing when applied with a squeegee, trowel, roller or

 

spray equipment, whether applied inside or outside a building.

 

All sheet-type elasto-systems (i.e. Nob Lock), whether single or

 

multi-ply for waterproofing either inside or outside a building.

 

All priming of surfaces to be roofed, dampproofed or water-proofed,

 

whether done by roller, mop, swab, three-knot brush or spray systems.

 

All types of pre-formed panels used in waterproofing (Volclay,

 

etc.). All products used for garage, waterproofing and deck coatings

 

whether done by brush, roller, spray, squeegee, etc.

 

All applications of protection boards to prevent damage to the

 

damp proofing or waterproofing membrane by other crafts or during

 

backfilling operations.

 

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All handling of roofing, damp proofing and waterproofing materials.

 

All hoisting and storing of roofing, damp proofing and waterproofing materials.

 

All types of spray-in-place foams such as urethane or polyurethane

 

and the coatings that are applied over them.

 

All types of restaurants, coatings, mastics and toppings when used

 

for roof maintenance and repairs.

 

All installation of air and vapor barriers.

 

Any and all components of living roof/green roofing systems, including, but no limited to, membranes, insulation, filters, fleece, vegetation blankets, plantings and soils.

 

Any and all components of any solar or photovoltaic cell-type roofing systems and/or structures, including, but not limited to, shingles,

 

slate or similar systems, and any and all roof membranes used in connection with transforming solar energy to electrical energy and any

 

part of these systems used for ballast or roof membrane protection.

 

On all new work, all material pertaining to roofing and waterproofing, including the removal of debris, is under the sole jurisdiction of the Roofers and Waterproofers of Local Union No. 8.

 

All reroofing, including all tear-off and/or removal (of any type of

 

roofing or debris), all spudding, sweeping, vacuuming and/or

 

cleanup of any and all areas of any type where a roof is to be laid or relaid or any materials coming under the scope of jurisdiction as outlined in Article III is to be applied.

 

Membrane used as air barrier, vapor barrier, termination bar, RMer-Lite type roofing system, composite board consisting of plywood, particle board or homasote bonded to insulation and any and

 

all insulation applied on top of a roof deck when put down in conjunction with any membrane as outlined above.

 

Roofers shall handle all roofing materials on the job, regardless of

 

whether the same had been purchased by the roofing contractor or

 

the general contractor. It shall be the responsibility of the roofers to

 

move, load or unload on the jobsite all roofing materials and/or roofing equipment. There shall be a minimum three (3) roofer crew unloading and loading of all jobs.

 

Section 2. Employees shall apply and install the above materials on

 

the following types of structures: Roofs, roofs, of tunnels, machine

 

rooms, walls, subways, bridges and other similar structures. (Pits,

 

trenches, pools, toilets, kitchens, bathrooms, tankrooms, foundations, electroplating rooms, parking garages, masonry walls, etc.,

 

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pipes, beams and tanks of all descriptions, spandrel beams and/or

 

columns.)

 

Section 3. Any materials, labor, applications, mechanics or procedures which may be presently in use or which may subsequently be

 

introduced in the industry hereinabove notwithstanding; it is the

 

clear and unequivocal intention of the parties to give to the Union, jurisdiction, no matter whatsoever materials, labor, applications, mechanics or procedures be used or pursued, over all forms of roofing,

 

waterproofing, damp proofing and related work. This is intended to

 

be an all encompassing clause, the purpose of which is to eliminate

 

disputes in the future as to the jurisdiction of the Union.

 

Section 4. Within the limits of New York City, New York, disputes

 

which arise between the roofing trade and other trades and disputes

 

relative to questions of jurisdiction of trade shall be adjusted in accordance with the method set forth in the Joint Arbitration Plan of the

 

New York Building Trades as adopted and amended and all decisions

 

rendered thereunder determining disputes arising out of the conflicting jurisdictional claims of the various trades shall be recognized by

 

and be binding upon the parties hereto unless the National Building

 

Trades adopts a policy that supersedes the Joint Arbitration Panel of

 

the New York Building Trades.

 

ARTICLE IV

 

Union Security and Recognition

 

Section 1. This Agreement shall apply to all persons, whether

 

forepersons, Journeypersons or Apprentices (hereinafter referred to

 

as “Employees”) who are present Employees, who are members of

 

the Union, and shall remain members in good standing as a condition

 

of their employment. All present Employees who are not members of

 

the Union shall, within seven (7) days following the effective date of

 

this Agreement, become and remain members in good standing of

 

the Union as a condition of their employment. All Employees who are

 

hired hereafter shall, within seven (7) days following the beginning of

 

their employment, become and remain members in good standing of

 

the Union as a condition of their employment.

 

Section 2. The Employer further agrees that if a majority of its

 

Employees authorize the Union to represent them in collective bargaining, the Employer will recognize the Union as the NLRA Section

 

9(a) collective bargaining agent for all employees performing roofing

 

work within the jurisdiction of the Union.

 

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Section 3. During the lifetime of this Agreement, should legislation be enacted so as to reduce the time within which an Employee may be obliged to become a Union member, then such shortened period or reduced time shall be deemed to be part of this Article

 

IV, the seven (7) day period hereinabove provided for notwithstanding.

 

Section 4. The Employers recognize that they are obliged to, and

 

agrees to deduct Working Dues from Employees’ wages upon receiving written authorization therefore from the Employee in a sum mandated by the Union from time to time, and to remit same to the Union

 

monthly. Failure by the Employer to remit Working Dues shall be

 

deemed a breach of this Agreement and in such event the Trustees of

 

the Funds are authorized to collect from the Employers said delinquent Working Dues. The Trustees’ responsibility hereunder is limited to facilitating the collection and the remission of such amounts to

 

the Union.

 

Section 5. The Employers hereby agree that they shall be required to notify the Union of any job openings, the purpose of same

 

being specifically to give to the Union an opportunity to refer

 

Forepersons, Journeypersons and Apprentices for work.

 

Section 6. If an Employer, either directly or through others, exercises any substantial degree of ownership, management or control in

 

the operation of any other business, including a joint venture or a venture commonly referred to as an alter ego, which performs any work

 

of the type covered by this Agreement within the trade jurisdiction of

 

the Union, such other business entity must have a signed Agreement

 

with the Union. Any signatory Employer who shall perform work in a

 

joint venture or through a subsidiary or affiliated company shall be

 

responsible and liable for the compliance with the terms of this Collective Bargaining Agreement by such joint venture or subsidiary or

 

affiliate company.

 

Section 7. Contractors signatory to this Agreement, and herein

 

noted as the “Employer,” shall not engage in assigning, subcontracting or subletting work to, lending or renting equipment to,

 

transferring or lending money to, transferring, lending to a business or individual which performs any work of the type covered by

 

this Agreement, within the trade jurisdiction of the Union unless

 

the other individual or business in receipt of the abovementioned

 

transactions has a signed Agreement with the Union and is in compliance with said Agreement. If said signatory contractor violates

 

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the provisions of this Section, then the work performed by the subcontractor shall be deemed to have been performed by the signatory contractor, who shall be automatically obliged to make all payments, including wages and benefits, as though said signatory contractor had actually done the work performed by the subcontractor. In addition, subcontracting shall include any non-bargaining

 

unit employee found to be performing work within the jurisdiction

 

of Local 8. In such a case, the Employer will be required to pay

 

wages and benefits for all hours worked by non-unit employees to

 

Local 8 members on the out of work list. This liability on the part of

 

the signatory contractor shall not prevent the Union and/or the

 

Funds from taking such steps, in their discretion, against the subcontractor as provided in other sections of this Working Agreement.

 

Section 8. It is agreed that any violation of this Agreement or

 

the subletting or subcontracting of any work within the jurisdiction of the Union to any person, firm or corporation not a signatory to this agreement shall be sufficient cause for removal of

 

roofers, waterproofers and Apprentices from the signatory Employer.

 

Section 9. It is stipulated and agreed to by and between the parties to this Agreement that only persons who are authorized officers and agents of the Union shall be recognized by the Employer

 

as being authorized to act for or on behalf of the Union in any manner whatsoever under the terms of this Agreement. The actions,

 

declarations, or conduct of any other person except those authorized, whether performed, made or engaged in with respect to the

 

Union or not, are not and shall not be considered to be the acts of

 

officers or agents of the Union and shall not constitute any authorized acts for and on behalf of the Union. Neither the Employer nor

 

the Union nor the Union’s officers or agents shall by their conduct

 

in that respect bind upon the Union, nor shall they form the cause

 

of any basis for liability of any nature whatsoever on the part of the

 

Union.

 

Section 10. Any Employer who enters into an agreement to complete the work of any other Employer shall become obligated to pay

 

any monies due and owing the Union for Working Dues and Fringe

 

Benefit Fund contributions, from the previous Employer on said job,

 

for work performed on said job prior to the start of the job in question.

 

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ARTICLE V

 

Wages

 

Section 1. The minimum rate for wages and fringe benefit fund

 

contributions for all employees covered by this Agreement, when employed within the jurisdiction of the Union, to perform work specified

 

in this Agreement, shall be as follows:

 

See Schedule A attached for wages and benefits for Forepersons,

 

Journeypersons and Apprentices as of 5/1/25.

 

Effective 5/1/26 $2.75 Wage Package increase

 

Effective 5/1/27 $3.00 Wage Package increase

 

Increases to be allocated by the Union

 

Section 2. In order to assure and guarantee wage payments to

 

Employees, the Employer shall be obliged first to post a bond or collateral in an amount sufficient to cover the Employer’s payroll obligations for 2 months.

 

Section 3. The Employer shall reimburse the Employee for any

 

check cashing fees incurred by the Employee provided proof of said

 

fee is furnished to the Employer.

 

Section 4. Foremen’s wages shall be computed at One Dollar and

 

fifty cents ($1.50) additional per hour over the Journeypersons’s rate.

 

Section 5. The Employer cannot discharge or lay off an Employee

 

at any time except during regular working hours of the work day, and

 

only if paid in full at that time. Any Employer who fails to comply with

 

this provision shall be compelled to pay said Employee an automatic

 

additional two (2) hours pay plus fringe benefits.

 

Section 6. Employees who are not paid in full at the regular time,

 

on the regular pay day, shall be entitled to be paid their hourly wages

 

for waiting time, not to exceed two (2) days. This shall not apply

 

where failure to pay is due to circumstances beyond the Employer’s

 

control.

 

Section 7. All contractors including any contractor coming from outside the geographical jurisdiction of Local No. 8 and doing work in said

 

jurisdiction shall pay a Local No. 8 member Foreman’s rate regardless

 

of the number of men employed by such contractor on the jobsite.

 

Section 8. The Employer agrees that there shall be no loss of time

 

to the Employee in the event of breakdown of mechanical equipment.

 

Section 9. All Employees who report for work and who finish the

 

job prior to the normal quitting time shall be paid full days’ wages.

 

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Section 10. Employees who are instructed to report for work shall

 

receive not less than two (2) hours reporting pay, providing weather

 

and job conditions are such that work can commence. If they are assigned to work and do work more than two (2) hours, they shall receive not less than four (4) hours pay. Employees who are instructed

 

to report for work shall remain on the job until termination of time.

 

Section 11. The Employer agrees not to enter into any individual

 

agreement which permits his Employees to perform their work on

 

any basis of pay other than an hourly rate which shall not be less than

 

the rate specified in this Agreement. It is further agreed that all forms

 

of compensation related to Employee productivity, such as bonus systems, piece work systems, lumping labor systems and other incentive

 

type arrangements will not be used.

 

Section 12. An Employer whose main and principal shop or

 

place of business is located outside the geographical area of Local

 

No. 8 and who performs work in the jurisdiction of Local No. 8

 

shall, if the home Collective Bargaining Agreement stipulates additional compensation for the use of mops and application of pitch,

 

pay his Employees who are members of Local No. 8, additional compensation.

 

Section 13. Employees shall notify the Union Hall when an employee or employees are absent and replacements will be sent in their

 

place so crew and job will not be affected.

 

Section 14. Employees, i.e. Roofers Local 8 Bargaining Unit

 

Members, shall only be assigned to bargaining unit work as defined

 

in this Agreement. If an Employee is directed to perform non-bargaining unit work by the Employer in violation of this Agreement, the

 

Employer shall be liable to pay contractual wages and benefit contributions on behalf of the employee for each hour worked and paid for

 

the non-bargaining unit work.

 

ARTICLE VI

 

Hours and Holidays

 

Section 1. The regular working day shall consist of eight (8) consecutive hours of work between 5:00 am and 4:00 pm. There shall be

 

a thirty (30) minute lunch period and fifteen minutes shall be allowed

 

for cleanup time. Regular work days shall be Monday through Friday

 

inclusive, except for holidays.

 

Section 2. Overtime at the rate of time and one-half (1 ½) shall be

 

paid for all work performed outside regular working hours, work per-

 

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formed during the lunch period, and work performed on Saturdays

 

and Sundays, and the following holidays:

 

New Year’s Day Thanksgiving Day

 

Memorial Day Christmas Day

 

Labor Day Independence Day

 

When a holiday falls on a Sunday, the following day shall be observed as such holiday.

 

Section 3. For any overtime work, permission must first be obtained from the Local No. 8 office and if said Local so recognizes

 

same to be emergency work, then, and in that event only, permission

 

for same shall be granted. To obtain such permission, the Job Steward and/or Employer must first call the Local No. 8 office.

 

Section 4. It is mutually agreed that the regular work day may

 

commence at any time between the hours of five (5:00) A.M. and

 

eight (8:00) A.M. with all work performed prior to the agreed upon

 

starting time being paid at the rate of time and one-half (1½).

 

Section 5. If the Employer can only obtain the hoist during the

 

lunch period, then the men working during said lunch period shall be

 

paid at the straight time rate.

 

Section 6. Employees who are required to report at the shop for

 

instructions shall not be required to report more than 15 minutes

 

before the established start time and will be paid from the time they

 

are told to report to the shop. Employees instructed to report to the

 

shop must be put to work, or paid a minimum of two (2) hours.

 

Where employees are working on a job and have to contact the office

 

each day, the Forepersons shall notify men before quitting time.

 

Section 7. Employees lighting kettles shall be paid at the rate of

 

time and one-half anytime before starting time.

 

ARTICLE VII

 

Shift Work

 

Section 1. On shift work, eight (8) consecutive hours between

 

5:00 am and 4:00 pm shall constitute the first shift. The Employee will

 

receive a 10% night differential on his wages for the next eight (8)

 

hours worked, and a 15% night differential on his wages for the next

 

eight (8) hours worked. Employees working more than eight (8)

 

hours on any shift will receive the rate of time and one-half (1/2) for

 

all hours worked over eight (8) hours on any given shift.

 

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ARTICLE VIII

 

Benefit Funds

 

Section 1. The Employer agrees to be bound by and to comply with

 

the applicable provisions of the Trust Agreement along with the Collection Policy, and any amendments thereto establishing the United

 

Union of Roofers, Waterproofers and Allied Workers, Local Union No.

 

8 Pension Fund, Annuity Fund, Summer Benefit Fund, Winter Benefit

 

Fund, Welfare Fund, Labor Management Committee Fund, Industry

 

Promotion Fund, Apprentice Training Fund and Research and Education Fund (hereinafter referred to as “Funds” or “Benefit Funds”).

 

Benefit contributions are considered assets of the respective Funds

 

and become vested plan assets when they become due from the Employer, whether or not they have been paid to the Funds, and title to all

 

money paid to, or due to the Funds, vests and exclusively remains in

 

the Trust of the respective Funds. The Employer shall have no legal

 

or equitable right, title or interest in, or to, any sum paid by, or due

 

from, the Employer and such contributions constitute a trust fund.

 

The amounts due the Funds shall be computed by multiplying the

 

total number of hours worked by employees times the current schedule of contributions per hours as outlined under the contribution

 

rates established.

 

Owner/Members shall be required to contribute to all of the

 

Funds a total of 2,000 hours per year.

 

Monthly Reports shall accompany each remittance of contributions on forms required by the Trustees of the Funds (hereinafter referred to “Remittance Reports”).

 

Section 2. All payments to the Local No. 8 Funds and to Local No.

 

8 for Working Dues shall be submitted monthly. Monthly contributions to the Funds and working dues as well as Remittance Reports

 

shall be due fifteen (15) days after the close of the month upon which

 

the report is being submitted.

 

Section 3. All delinquent contributions to the Funds and for Local

 

No. 8 Working Dues shall bear interest of at the prime rate plus four

 

percent (4%) per year with a minimum rate of eight (8%) per year. All

 

reasonable costs, fees and disbursements incurred in collection of

 

delinquent contributions and interest, shall be paid by the delinquent

 

Employer pursuant to the Funds Delinquency Policy.

 

Section 4. If any Employer becomes delinquent in its contributions to the Funds or to Local Union No. 8 for Working Dues, then

 

the Union shall have the option to withdraw all manpower from said

 

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Employer. If the employees are withdrawn, they shall be paid full

 

time for their days lost, not to exceed two (2) days.

 

Section 5. As a condition precedent to the signing of this Collective Bargaining Agreement each Employer agrees to furnish immediately a bond with a corporate surety, that is acceptable to the Administration of the Funds, guaranteeing the payment of the contributions

 

to the Funds provided for in this Agreement.

 

The amount of such bond shall be based upon the total number of

 

employees including Forepersons, Journeypersons and Apprentices

 

employed by said Employer as follows:

 

(A) Each Employer covered by this Agreement shall provide

 

throughout the term of this Agreement, a surety bond issued by a

 

surety company in the State of New York with at least a “B” rating to

 

guarantee payment to the respective Benefit Funds of all required

 

benefit fund contributions.

 

(B) Each Employer shall furnish to the Trustees of the respective

 

Fringe Benefit Funds a bond in an aggregate amount equal to Eight

 

Thousand ($8,000.00) Dollars per Employee multiplied by the number of Employees employed. The minimum amount of the surety

 

bond shall be One Hundred Thousand ($100,000.00) Dollars. In lieu

 

of a bond or as a supplement to a bond, an Employer may, at the sole

 

discretion and upon the sole consent of the Trustees of the respective

 

Benefit Funds, establish a collateral account and/or collateral alternatives in satisfaction of this bonding requirement.

 

(C) No Employee may work on any job unless the Employer shall

 

have furnished such bonds as required by this Agreement. When an Employer bound by this Agreement owes to the Union or the Benefit Funds

 

an amount greater than the face amount of the surety bonds furnished,

 

the surety bonds shall be increased to cover such indebtedness. If this is

 

not done, the Union may, after giving three (3) days notice, remove all

 

Employees of the bargaining unit from the employ of that Employer.

 

(D) The Trustees of the Benefit Funds shall have the right to request any Employer to increase the amount of the bond in Section 1

 

of this Article whenever they deem it necessary for the protection of

 

Benefit Funds. The Trustees shall have the right to reduce the

 

amount of the bond for an Employer upon good cause shown.

 

Section 6. An Employer who has not had a collective bargaining

 

agreement for the period immediately preceding this one is hereby required, in accordance with the above, to post a bond, cash or equivalent collateral in an amount equal to the projected amount of liability to

 

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be incurred by the Employer and due and owing to the Funds based

 

upon the length of the job and the anticipated man hours to be worked.

 

(A) An Employer who has been a party to the previous Collective

 

Bargaining Agreement and who is delinquent to the Funds and to the

 

Union for Working dues may not be qualified to become a party to

 

this Agreement unless the delinquency to the Funds and to the Union

 

is rectified in full.

 

(B) The above provisions notwithstanding, an Employer who has

 

signed this Collective Bargaining Agreement (CBA) is hereby given

 

a period of thirty (30) days from the date in which to produce said

 

surety bond, cash or equivalent collateral. The failure of the Employer to produce, said surety bond, cash or equivalent collateral,

 

shall cause the CBA, at the option of the Local Union, to terminate.

 

However, during said thirty (30) day period, the Employer shall be

 

obligated to make all contributions to the Funds and the Local Union

 

for Working Dues, as required by said Bargaining Agreement.

 

(C) The surety bond amount may be reduced by the Trustees

 

upon application by the Employer with good cause shown. In no

 

event shall any Bond be less than the average number of employees

 

normally employed by the Employer based upon the man hours

 

worked the prior years.

 

Section 7. The term “Employer” shall also include the Union, the

 

Joint Apprentice Committee, the Welfare Fund, the Pension Fund,

 

the Annuity Fund, Summer Benefit Fund, Winter Benefit Fund,

 

Labor Management Committee Fund or any benefit fund affiliated

 

with Local Union No. 8 which pays wages. They shall make contributions to the United Union of Roofers, Waterproofers and Allied Workers Local Union No. 8 Funds for the purpose of benefit coverage on

 

behalf of employees of the Union and of the Joint Apprentice Committee, and the funds listed above.

 

Section 8(A). The books and records of the Employer shall be

 

made available at reasonable times for inspection and audit by, but not

 

limited to, the accountant, outside independent auditors or other representatives of the Trustees of any of the Benefit Funds. The Employer

 

shall be required to disclose upon such audits all payrolls and payroll

 

ledgers, W-2 and W-3 forms, all quarterly payroll tax returns including

 

all attachments filed with the IRS and State authorities, annual federal

 

and state corporate tax returns, cash disbursement journals, sales and

 

purchase journals, State employment records, insurance company reports, Employer Remittance Reports for all trades and local unions and

 

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canceled checks in support thereof, general ledger, 1099 forms and

 

supporting vendor invoices, bank statements and cancelled checks,

 

certified payroll records, and any other documentation concerning

 

payment of fringe benefit contributions for hours worked by Employees remitted to multiemployer fringe benefit funds other than Benefit

 

Funds described herein, and any other items concerning payrolls.

 

(B) The Employer shall be required to provide any and all subcontracts and/or purchase orders entered into by the Employer, as well

 

as subcontractor invoices in order to determine whether bargaining

 

unit work has been subcontracted in accordance with the Collective

 

Bargaining Agreement.

 

(C) In addition, the aforementioned books and records of any affiliate subsidiary, alter ego, joint venture or other related company of the

 

Employer doing bargaining unit work within the Union’s jurisdiction,

 

shall also be made available at all reasonable times for inspection and

 

audit by, but not limited to, the accountants, outside independent auditors or other representatives of the Trustees of the Benefit Funds.

 

(D) The Employer agrees to pay the cost of the audit if the audit

 

shows a discrepancy of five (5%) percent or more when compared to

 

the total contributions made during the audit period.

 

(E) The Employer shall retain, for a minimum period of six (6)

 

years, payroll and related records necessary for the conduct of a

 

proper audit in order that a designated representative of the Trustees

 

may make periodic review to confirm that contributions owed pursuant to this Agreement are paid in full. In the event, after the

 

Trustees have made a reasonable request, the Employer fails to produce its books and records necessar y for a proper audit, the

 

Trustees, in their sole discretion, may determine that the Employer’s

 

monthly hours subject to contributions for each month of the requested audit period are the highest number of Employee hours for

 

any month during the twelve (12) preceding months audited, or during the last twelve (12) months for which reports were filed,

 

whichever monthly number of hours is greater. Such determination

 

by the Trustees shall constitute presumptive evidence of delinquency. Prior to making such determination, the Trustees shall mail

 

a final seven (7) day written notice to the Employer advising him that

 

such determination shall be made if the Employer does not schedule

 

a prompt audit. Nothing herein shall mean that the Funds relinquish

 

their right to commence legal proceedings to compel an examination

 

of the Employer’s books and records for audit. In the event the

 

Trustees commence legal proceedings to compel an audit examina-

 

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tion, the Trustees shall be entitled to recoup all audit costs, legal fees,

 

costs and expenses regardless of whether a delinquency is found.

 

(F) When auditors are sent to audit the books and records of the

 

Employer and a definite appointment is scheduled and the auditor

 

cannot start at the appointed time and date and must return, or when

 

complete payroll records required herein are not furnished, then the

 

Employer shall be penalized and pay the sum of two hundred and fifty

 

dollars ($250.00) per auditor, to cover the expense of the auditor.

 

(G) It shall be a violation of this Agreement for any Employer to

 

fail to furnish proper payroll records when requested for the purpose

 

of completing an audit. The Union shall have the right to remove all

 

its members from the offending Employer provided that three (3)

 

days written notice of the intention to remove Employees from a job

 

is given to the Employer by the Union by certified mail. If such members who are removed remain on the jobsite during regular working

 

hours, they shall be paid for lost time.

 

Section 9. Upon failure of an Employer to make remittances to

 

any of the Funds or to the Union in accordance with the terms of this

 

Agreement, the Employer hereby agrees, pursuant to the Funds’

 

delinquency policy in effect, to bear the expenses for and to pay the

 

fees for an audit and/or related expenses including but not limited to

 

Court costs, disbursements, interest, and all attorneys’ fees.

 

ARTICLE IX

 

Industry Promotion Fund

 

Section 1. The Employer shall contribute to the Industry Promotion Fund amounts computed by multiplying the total number of

 

hours worked by Forepersons, Journeypersons and Apprentices

 

times the agreed upon amount per hour. Reports shall accompany

 

each remittance on forms as required by the Trustees of the Fund.

 

Collection procedures shall be the same as set forth for the other

 

Funds as more fully described in Article VIII.

 

Section 2. The efforts of the Industry Promotion Fund shall be

 

devoted to promote the business and welfare of the Roofing Industry

 

within the trade jurisdiction of the Union, and more specifically to

 

make known the jurisdiction of the industry and to promote the programs of education, training, administration of collective bargaining

 

agreements, research and promotion of roofing products, to stabilize

 

and improve Employer-Union relations, promote, support and improve the training and employment opportunities of Employees, and

 

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to disseminate to General Contractors, Architects, Engineers and

 

Owners, information about the kind, quality and merits of the work

 

done in the Industry; to make public the terms and conditions of this

 

Agreement in order to avoid grievances and jurisdictional disputes,

 

and to provide expanded opportunities for the employment of Apprentices, Journeypersons and foremen roofers. No part of said Industry Promotion Fund shall be used for anti-Union activities.

 

Section 3. The Industry Promotion Fund shall be administered

 

by Trustees appointed solely by the Association.

 

Section 4. The expense of site specific training required for Local

 

8 workers will be paid jointly between the Industry Promotion Fund

 

and Labor Management Committee.

 

ARTICLE X

 

The Joint Apprenticeship Program

 

Section 1. The parties heretofore have established an Apprenticeship training system under the supervision and guidance of the Bureau of Apprenticeship Training, New York State Department of

 

Labor and the New York City Board of Education, for the purpose of

 

adopting training methods for profitable employment with opportunities to attain the efficiency and versatility required for true craftsmanship, all of which will help immeasurably to raise the level of workmanship for the trade and to further the assurance to the Employer of

 

proficient workers at the conclusion of training programs.

 

Section 2. Hourly wages for Apprentices that were indentured

 

prior to January 1, 2023 shall be as follows:

 

1st Year Apprentice — 35% of Journeyperson Wage

 

2nd Year Apprentice — 50% of Journeyperson Wage

 

3rd Year Apprentice — 60% of Journeyperson Wage

 

4th Year Apprentice — 75% of Journeyperson Wage

 

Hourly wages for Apprentices that were indentured after January

 

1, 2023 shall be as follows:

 

1st Year Apprentice — 38% of Journeyperson Wage

 

2nd Year Apprentice — 45% of Journeyperson Wage

 

3rd Year Apprentice — 50% of Journeyperson Wage

 

4th Year Apprentice — 60% of Journeyperson Wage

 

5th Year Apprentice —- 75% of Journeyperson Wage

 

Section 3. Benefit Fund contributions are set forth in the attached

 

schedule.

 

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Section 4. All Apprentices shall apply for and receive the required Certificates of Fitness by the end of the first year of Apprenticeship.

 

Section 5. All Apprentices shall be paid eight (8) hours times

 

their respective rate for related instruction if they attend two consecutive days of class (i.e., Saturday and the Monday immediately following).

 

Section 6. All Apprentices will have a fee deducted from their

 

Summer and Winter Benefit Funds to pay for their membership and

 

six months dues upon completion of the Apprenticeship Program.

 

Section 7. No Apprentice shall work on a day scheduled for related instruction.

 

Section 8. Ratio for Journeyperson to Apprentice:

 

1 to 1 starting, 2 to 1 thereafter

 

Example: 1 Journeyperson — 1 Apprentice

 

4 Journeypersons — 2 Apprentices

 

6 Journeypersons — 3 Apprentices

 

Section 9. Working Dues for Apprentices shall be the same as

 

those of other Employees subject to this Working Agreement.

 

Section 10. Employers shall contribute to the Joint Apprentice

 

Committee Fund, Industry Promotion Fund and International Research Education Fund, amounts computed by multiplying the total

 

number of hours worked by their Employees times the current

 

schedule pursuant to Article V per hour. Collection procedures shall

 

be the same as set forth for the other Funds as described in Article

 

VIII.

 

ARTICLE XI

 

Research and Education Fund

 

Section 1. The Fund — There has been established a Trust

 

Fund known as the Roofers and Waterproofers Research and Education Joint Trust Fund (referred to as the “Fund”).

 

Section 2. Employers Contribution — Effective on the undersigned date of execution, the Employer agrees to pay the Fund the

 

sum of Nine Cents ($.09) per hour earned for each bargaining unit

 

employee covered by and working under this agreement for each

 

hour or part thereof paid. The obligation to contribute shall continue

 

during any period when a new Collective Bargaining Agreement is

 

being negotiated.

 

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Section 3. Payments — The payments referred to in Section 2

 

above shall be made on or before the 15th day of the month following

 

the month in which the payment determining the contribution was

 

made or such other time(s) as shall be from time to time determined

 

by the Trustees of the Fund.

 

Section 4. Employer Bound by Agreement and Declaration

 

of Trust — The Employer agrees to be bound by the Agreement and

 

Declaration of Trust creating the Fund along with the Collection Policy and by any future amendments thereto, and hereby designates

 

the present Employer Trustees as its representatives on the Board of

 

Trustees, together with their successors selected in the manner provided in said Agreement and Declaration of Trust, as the same may

 

be amended from time to time, and further agrees to be bound by all

 

action taken by said Trustees pursuant to said Agreement and Declaration of Trust as amended from time to time.

 

Section 5. Employer Records — The Employer agrees to make

 

available to the Trustees, or their designee, during normal business

 

hours all payroll records and other employment records necessary to

 

ascertain that contributions required under this Article have been

 

paid correctly and in full. In any such case, the Employer will be

 

given at least two (2) weeks advance notice of the date on which such

 

records are to be made available.

 

ARTICLE XII

 

Stewards

 

Section 1. Prior to the starting of any and all jobs, the Employer is

 

required to notify the Union in order to obtain a Job Steward for each

 

job. The Job Steward shall be for the job assigned only. It shall be the

 

Job Steward’s duty to report back to the Union Representative upon

 

completion of said job.

 

Section 2. For Employers located outside the jurisdiction of Local

 

8 who are working within the jurisdiction of Local 8, the Union shall

 

have the right to appoint one (1) job steward on each job. The steward on each job shall have superseniority (i.e., the last employee to be

 

laid off and the first employee to be recalled). No job steward shall be

 

laid off so long as the Employer retains on each job more than one established Foreman in active employment.

 

Section 3. Failure on the part of the Union to invoke the provisions of this Article at any one or more times shall in no way, shape,

 

manner or means be deemed a waiver on its part.

 

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Section 4. The Union shall have three (3) months to present a

 

feasible system of Shop Stewards to the Employers, who shall then

 

negotiate and evaluate said system with the Union.

 

ARTICLE XIII

 

Travel and Transportation Schedule

 

Section 1. Transportation reimbursement within the Union’s jurisdiction shall be paid to all employees covered by this Agreement

 

per day as follows:

 

NEW YORK

 

$14.00 Staten Island

 

$ 9.00 — Westchester County South of 287

 

$12.00 — Westchester County North of 287

 

$10.00 — Rockland County South of 87

 

$15.00 — Rockland County North of 87

 

$15.00 — Putnam County

 

$20.00 — Orange County

 

$20.00 — Duchess County

 

$25.00 — Ulster County

 

$25.00 — Sullivan County

 

$ 9.00 — Nassau County West of Meadowbrook Pkwy

 

$12.00 — Nassau County East of Meadowbrook Pkwy

 

$15.00 — Suffolk County West of Sunken Meadow Pkwy

 

$20.00 — Suffolk County East of Sunken Meadow Pkwy

 

$25.00 — Suffolk County East of William Floyd Pkwy

 

NEW JERSEY

 

$ 9.00 — Hudson County

 

$15.00 — Bergen, Essex, Passaic & Union Counties $20.00 —

 

Middlesex County

 

CONNECTICUT

 

$20.00 — Fairfield County West of Route 104

 

PAST 75 MILES

 

Room & Board: Hotel plus $40.00 per day for meals plus first and

 

last day for travel expenses at Internal Revenue Services rate per

 

mile. Those who elect not to stay over shall be paid a minimum of

 

$35.00 per day.

 

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(A) When Employees report for work on job or to a shop within

 

any of the above areas and are unable to work, they shall receive the

 

transportation stipulated for that area.

 

(B) Employees who are sent to work outside of the jurisdiction of

 

Local No. 8 on Room and Board jobs shall receive as wages no less

 

than their hourly rate plus expenses, and a guaranteed minimum of

 

thirty-five (35) hours per week.

 

(C) On jobs requiring the employee to stay overnight, the Employer shall pay such monies as negotiated between the Employee

 

and the Employer prior to the commencement of the job, predicated

 

on a seven (7) day week, Monday through Sunday schedule.

 

Section 2. Members of Local No. 8 working in the territory of

 

another affiliate of the United Union of Roofers, Waterproofers and

 

Allied Workers, whose total wage and fringe benefits are higher

 

than those contained in this Agreement shall demand and receive

 

the higher wage and fringe benefits. Employers signatory to this

 

Agreement when working in the geographical jurisdiction of another affiliate of the United Union of Roofers, Waterproofers and Allied Workers having any fringe benefit programs maintained by Employer contributions will pay such contributions to the Local Union

 

in the territory where the employees of the Employer are working.

 

If any Employer signatory to this Agreement pays into any of the

 

above mentioned Funds in his territory, he shall not be obligated to

 

pay into another fund, unless after paying the higher wages to his

 

Employees and paying into all of its established funds, the total

 

package is still below that of the sister Local Union’s territory; the

 

Employer shall be obligated to pay the difference into whatever

 

fund the sister Local Union has provided in its contract. The Employer shall pay all expenses of traveling in addition to the greater

 

wage. Employees working outside the area described in Article II

 

are to observe only those holidays observed in the area in which

 

they are employed, and time and one-half shall be paid for work permitted on such holidays.

 

The parties to this Agreement recognize that the nature of the

 

working conditions in the roofing industry are such that Journeypersons are frequently unable to work sufficient hours within the jurisdiction of Local 8 as covered by this contract to enable them to retain eligibility for health and welfare coverage and accrue pension

 

credit. As a result of this situation, the Employers located within the

 

jurisdiction of Local 8 hereby agree that when performing work out-

 

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side of the jurisdiction of Local 8 that, fifty percent (50%) of each Employer’s Journeypersons shall nonetheless be comprised of Journeypersons who normally and regularly work for the said Employer,

 

party to this contract within the jurisdiction of Local 8 of this Agreement. The Employer shall, in all such circumstances, continue to pay

 

contributions to the Benefit Funds and all ancillary funds. The remainder of the Employer’s work force in such situations when working beyond the jurisdiction of Local 8 and this Agreement may be

 

composed of employees who normally and regularly work for Employers having collective bargaining agreements with the local

 

roofers union within whose jurisdiction the work is then being performed. The work rules of the local union in whose jurisdiction jobs

 

outside the coverage of this agreement are located, however, shall be

 

used on such job.

 

Section 3. When a contractor with a collective bargaining agreement with a local roofers union from another jurisdiction enters the

 

jurisdiction of Local 8, the aforementioned 50% rule as outlined under

 

Section 2 applies conversely.

 

In that event, however, if the Local 8 wage and fringe benefit rate is

 

higher than the wage and fringe benefit rates paid by the contractor

 

working within the jurisdiction of Local 8, all employees employed by

 

said contractor must receive the total Local 8 wage and fringe benefit

 

package as outlined under this Agreement.

 

As such, if Local 8’s wage rate is higher than the wage rate paid by

 

the home local agreement, the employee will receive the higher Local

 

8 wage rate as stated in this Agreement.

 

In the event the home local total wage and fringe benefit package

 

due is lower than the total wage and fringe benefit package due under

 

this Agreement, the Employer will pay the difference between the

 

higher amount as compared to the lower amount to the Local 8 Benefit Funds, as directed by Local 8.

 

ARTICLE XIV

 

Safety, Health and Sanitation

 

Section 1. All of the parties herein recognize that failure to

 

strictly and faithfully observe safety precautions can render our work

 

perilous to human life and they therefore pledge themselves ever to

 

be dedicated to safety in its many phases. All laws, codes, regulations,

 

and otherwise, Federal, State and Municipal, which are addressed to

 

Safety, Health and Sanitation, are hereby made part of this Agree-

 

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ment, including, but not exclusive of, the Occupational Safety and

 

Health Act enacted by the U.S. Congress, and as same may be

 

amended, and the Industrial Code, Rule No. 23, of the State of New

 

York, and as same may be amended.

 

Section 2. Employers further agree that they will at all times provide, no matter how large or small the job, adequate and protected facilities to enable the workers to store all of their clothing, work gear,

 

appliances and other devices for safety and otherwise.

 

Section 3. The Employer shall issue safety equipment to its Employees. The Employer shall have the right to require Employees to

 

place a deposit for a safety helmet which shall be returned on surrender of the helmet. On reuse of said helmet by another Employee, a

 

new liner shall be inserted.

 

Section 4. No non-bargaining unit employee shall be allowed to

 

heat up a tank truck, feed a kettle or perform any work as covered by

 

Article III of this agreement.

 

Kettlepersons shall be licensed and in complete charge of the kettle from light-up time to quitting time. The kettleperson shall not be

 

required to work on the roof, nor shall they leave the kettle unattended while the burner is on.

 

Section 5. Any law or regulation to the contrary notwithstanding,

 

where the General Contractor is required to furnish adequate and

 

complete sanitary facilities, the Employer herein clearly understands

 

and agrees that it shall extend every effort to see that same are furnished by the General Contractor, lacking which the Employer will

 

furnish same. In addition, the contractor will provide women’s facilities when there are women employees.

 

Section 6. The tool box shall contain as permanent equipment a

 

first-aid kit, fire lighting equipment, portable water dispenser and

 

proper drinking cups.

 

ARTICLE XV

 

Work Rules

 

Section 1. Two (2) workers shall be assigned to the handling of

 

materials in weights of sixty-five (65) pounds or more. This applies to

 

any and all materials used in conjunction with roofer’s, waterproofer’s

 

and damp proofer’s work.

 

Section 2. It is hereby clearly and expressly agreed that Employers are prohibited in any way from using the following in the geographical jurisdiction covered by this Agreement:

 

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(a) There shall be no motorized riding equipment on the roof or

 

any motorized machinery carrying hot tar. This shall only apply to

 

equipment one sits on.

 

(b) All employees on the jobsite where machinery is used shall be

 

compensated an additional One ($1.00) Dollar per hour for all hours

 

worked.

 

(c) Whenever the hand operated felt laying machine is used and

 

regardless of the purpose for which it is being used, there shall be a

 

hot carrier in attendance at all times. One employee shall be assigned

 

to each hot buggy when in use. Notwithstanding anything herein to

 

the contrary, the hot buggy operator may service more than one (1)

 

location on a roof or more than one piece of equipment on a roof.

 

(d) Whenever the hand operated felt laying machine is being used for

 

laying felt there shall be a separate three (3) employee crew, aside from

 

the regular crew, consisting of the operator, the hot buggy operator and

 

the employee to set the felt in attendance at all times. When the machine

 

is not in use employees shall perform other duties required of them.

 

(e) Whenever a power vacuum machine is being used to remove

 

slag from a roof there shall be a crew of two (2) Journeypersons

 

roofers employed and they shall perform any work directed by the

 

Employer which is related to the operation of the power vacuum.

 

When the machine is not in use the roofers shall perform other duties required of them.

 

(f) Roofers shall operate all machinery connected with loading, unloading, application, removal and cleanup of any and all roofing and

 

waterproofing systems. This requirement shall not apply to any operation of a daily rented crane.

 

(g) Roofers shall operate any and all machinery owned or leased

 

by an Employer which is used at the job site in connection with loading, unloading, application, cleanup and removal of all roofing and/or

 

waterproofing systems. This requirement shall not apply to the operation of a daily rented crane.

 

(h) Any compressor or tag-along compressors used in conjunction

 

with roofing, waterproofing or damp proofing shall be operated by a

 

Journeyperson roofer.

 

(i) Any generator or mobile source of power on any jobsite shall be

 

operated by a Journeyperson roofer.

 

Section 3. All job referrals will come through the Union. At the termination of a job, all members will report back to the Union for reassignment. All stewards will be appointed by the Local Business Manager.

 

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ARTICLE XVI

 

Miscellaneous

 

Section 1. All provisions of this Agreement together with all amendments and supplements thereto, shall be interpreted in a manner which

 

is in conformity with all legislation relative to Labor-Management, including the National Labor Management Relations Act, as amended.

 

Should any provision of this Agreement, as amended and supplemented

 

be in violation of any Federal, State or other controlling law, the remainder of this Agreement shall not be affected thereby. In the event any

 

provision is finally held to be invalid by a Court or administrative body

 

having jurisdiction, the parties hereto agree to meet within thirty (30)

 

days to negotiate concerning the modifications or substitutions of said

 

clause, or clauses, so held to be invalid. Should any provision of this

 

Agreement as amended and supplemented be modified by Federal,

 

State or other controlling law, the parties hereto agree to meet within

 

thirty (30) days to negotiate concerning the modification.

 

Section 2. Employers (including transient Employers) must report all jobs contracted within five (5) days of signing a contract. The

 

Union shall have the right to withdraw its members from any job that

 

has not been properly and timely reported. The Employer is obligated to pay all employees removed all lost time for that day as a result of said removal. Employers must further forward to the Local

 

Union on a quarterly basis a job list for all active jobs in progress.

 

Section 3. A Foreperson is a Journeyperson roofer, damp and waterproof worker appointed by the Employer to see that other employees properly and satisfactorily execute and complete their work,

 

but s/he shall have no authority to discipline, hire or fire, or to make

 

effective recommendation with respect to such action.

 

Section 4. It shall be the duty of the Union to bring to the attention of the Employer any infringement of the provisions of this Article; and to this end, it shall be the duty of the Union to keep accurate

 

records of the employment of all the Employees.

 

Section 5. This Agreement is intended to apply equally to all contractors including all out-of-town Employers, who, agree to abide with

 

all of the provisions herein, including job reporting in accordance

 

with Article XVI, Section 2.

 

Section 6. The Employer and the Union mutually agree that each

 

will comply and cooperate with all federal, state, and/or local laws,

 

codes, rules, ordinances, regulations and administrative decisions dealing with non-discrimination in the recruitment, hiring, rate and manner

 

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of compensation, training and apprenticeship, employment and retention in employment, job tenure, transfer, promotion, upgrading, demotion, downgrading, lay-off, termination and discharge, and every other

 

matter covered by such laws, codes, etc., not herein expressly mentioned. The Employer and the Union shall not discriminate against any

 

Employee or member, or applicant for employment or membership because of race, creed, color, national origin, sex, age, disability, marital

 

status, sexual orientation, citizenship status, or Union membership.

 

Section 7. Sub-Contracting Clause

 

(A) If an Employer, either directly or through others, has any financial interest in or owns or exercises management or control in the operation of any other business, including a joint venture, or a venture

 

commonly referred to as an alter ego, which performs any work of the

 

type covered by this Agreement within the trade jurisdiction of the

 

Union, such other business entity shall either have a signed Agreement with the Union, or this Agreement shall be construed as including such business entity under the term “Employer” as used in this

 

Agreement. The alter-ego Employer is therefore bound by all of the

 

terms and conditions of the Agreement and the obligations herein.

 

(B) This agreement is binding on any assignee or subcontractor of

 

the Employer who performs any work of the type covered by this

 

Agreement within the trade jurisdiction of the Union unless such assignee or subcontractor signed a separate agreement with the Union.

 

(C) Any person or business entity using equipment belonging to

 

an Employer signatory to this Agreement with the Union and performing any work of the type covered by this Agreement within the

 

trade jurisdiction of the Union with such equipment shall be deemed

 

to be an Employer within the meaning of this contract.

 

(D) The Contractor agrees that neither it nor any of its subcontractors on the job site will subcontract any work covered by this

 

Agreement to be done at the site of construction, alteration, repair of

 

a building, structure or other work except to a person, firm or corporation that is a signatory to this agreement.

 

Section 8. The parties expressly waive the provisions of the New York

 

State Paid Sick Leave Law and the requirements under Section 196-b of

 

New York State Labor Law, the New York City Paid Sick and Safe Leave

 

Law, or comparable legislation that may be enacted by any local, state or

 

federal government on the basis that comparable benefits are provided to

 

the employees covered by this collective bargaining agreement in the

 

form of contributions into various funds in lieu of paid days off.

 

25

 

Agreement_Const. & By-Laws 5/6/25 10:35 AM Page 25

 

Section 9. The Employer and the Union mutually agree that each

 

will comply and cooperate with all federal, state, and/or local laws,

 

codes, rules, ordinances, regulations and administrative decisions dealing with non-discrimination in the recruitment, hiring, rate and manner

 

of compensation, training and apprenticeship, employment and retention in employment, job tenure, transfer, promotion, upgrading, demotion, downgrading, lay-off, termination and discharge, and every other

 

matter covered by such laws, codes, etc., not herein expressly mentioned. The Employer and the Union shall not discriminate against any

 

Employee or member, or applicant for employment or membership because of race, creed, color, national origin, sex, age, disability, marital

 

status, sexual orientation, citizenship status, or Union membership.

 

Section 10. The parties agree to waive Section 1 and Section 2 of

 

the New York Health and Essential Rights Act (NY HERO Act).

 

ARTICLE XVII

 

Grievance Procedure

 

Section 1. Any and all companies, disputes, claims, differences

 

and/or grievances (except that delinquent contributions may also be

 

resolved outside this procedure by bringing an action in federal court

 

or through a motion for administrative expenses/proof of claim in

 

bankruptcy court) arising out of or relating to the interpretation or

 

application of the provisions of this Agreement shall be settled, adjusted and disposed of in the following manner:

 

A. Between the Employer directly involved and the duly authorized representative of the Union.

 

B. Between the Business Manager and the Association’s official or

 

representative.

 

C. Grievances not settled in accordance with (A) or (B) above shall

 

be referred to a Joint Adjustment Board consisting of three (3)

 

representatives from the Association and three (3) representatives from the Union whose decision shall be final and binding.

 

Prior written notice of fourteen (14) days shall be required before

 

a matter is referred to the Joint Adjustment Board. Any deadlocked Joint Adjustment Board that is not taken to arbitration

 

within seven (7) working days shall be considered withdrawn.

 

D. Grievances not resolved under the procedure described in (C)

 

above because of deadlock or otherwise shall be referred to arbitration as set forth in Section 2 of this Article.

 

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Section 2. Arbitration shall be had in accordance with the Labor

 

Tribunal Rules of the American Arbitration Association. Any group or

 

series of cases related in substance or time may be submitted for arbitration to one Arbitrator at the same time. All cases shall be submitted for arbitration within seven (7) calendar days from the date either

 

party requests arbitration.

 

Section 3. Parties shall share the cost of arbitration equally.

 

Section 4. Arbitrator’s award shall be final, binding and conclusive upon the parties and employees for all purposes.

 

Section 5. The Arbitrator shall have full power and authority to

 

determine all complaints, disputes, claims, differences and grievances in accordance with the terms of the Collective Bargaining

 

Agreement signed by the parties and to award such remedy or relief

 

as is deemed reasonable and proper.

 

Section 6.

 

(A) Upon the failure on the part of either party to comply with the

 

Arbitrators award the other party, after three (3) working days, shall be

 

released from the “no strike-no lockout” provision, as the case may be.

 

(B) Upon the failure of a party to comply with the award, the same

 

Arbitrator who heard the original matter must meet as soon as administratively feasible to determine whether or not there has been

 

compliance. If the Arbitrator finds non-compliance, he must make an

 

award providing for liquidated damages in the sum of one thousand

 

dollars ($1,000.00) per day commencing with the third working day

 

following the issuance of the second award.

 

Section 7. It is agreed that funds collected by the Joint Adjustment Board as fines, awards, or other compensation, may be used

 

by the Roofers Local 8 Joint Apprenticeship Committee to fund educational projects.

 

Section 8. There shall be no strike or lockout at any time during

 

the term of this Agreement except as provided for in Section 6A.

 

ARTICLE XVIII

 

Renewal

 

Three Year Contract

 

May 1, 2025 – April 30, 2028

 

This Agreement is intended to replace the existing Collective Bargaining Agreement made between the parties and intended to continue in force and effect until April 30, 2028.

 

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28

 

BY: BY:

 

NICK SICILIANO, VINCENT SABATINO, PRESIDENT

 

BUSINESS MANAGER ROOFING & WATERPROOFING

 

ROOFERS LOCAL 8 CONTRACTORS ASSOCIATION

 

OF NEW YORK AND VICINITY

 

However, it is further agreed that on or before ninety (90) days before expiration of this Agreement, the parties hereto through their

 

accredited representatives, shall notify the other that they intend to

 

modify or amend the contract. Said contract shall remain in effect for

 

one (1) year should a failure to notify occur unless both parties mutually express their desire that this Agreement shall continue in force

 

until such time as a new Agreement is reached between them.

 

United Union of Roofers

 

Waterproofers and Allied Workers

 

Local No. 8

 

Collective Bargaining Agreement

 

5/1/2025 – 4/30/2028

 

Agreement_Const. & By-Laws 5/6/25 10:35 AM Page 28

 

29

 

UNITED UNION OF ROOFERS

 

WATERPROOFERS AND ALLIED WORKERS

 

LOCAL NO. 8

 

COLLECTIVE BARGAINING AGREEMENT

 

5/1/2025 – 4/30/2028

 

ARTICLE XIX

 

(Signature and information page)

 

Employer

 

Address

 

City & State

 

Telephone

 

Fax

 

Federal ID #

 

Unemployment Reg. No.

 

Worker’s Comp. Carrier

 

Policy Number

 

Surety Bond Carrier

 

Bond Number

 

Structure: Sole Proprietorship

 

Corporation Partnership

 

If Corporation:

 

Stockholder’s Name

 

Address (home)

 

Officer’s Name

 

Address (home)

 

If Partnership:

 

Partner’s Name

 

Address (home)

 

If Sole Proprietorship:

 

Name

 

Address (home)

 

I hereby certify that I have full power and authority to enter into this Agreement on behalf

 

of the above name Employer and that the information above is correct.

 

Name and title (print):

 

Signature of authorized officer:

 

Dated this day of 20

 

Local Union No. 8

 

Business Manager:

 

Dated this day of 20

 

Agreement_Const. & By-Laws 5/6/25 10:35 AM Page 29

 

30

 

Total Benefit $30.17 $30.17 $18.51 $7.95

 

$30.17 $30.17 $18.51 $7.95

 

Agreement_Const. & By-Laws 5/6/25 10:35 AM Page 30

 

Schedule A

 

Roofers Local 8 Wage and Contribution Rates

 

May 1, 2025 through April 30, 2026

 

4-YEAR APPRENTICESHIP 5-YEAR APPRENTICESHIP

 

Employer Contribution

 

Funds

 

Journeyperson

 

Rate

 

Apprentice

 

4th Term

 

Apprentice

 

3rd Term

 

Apprentice

 

2nd Term

 

Apprentice

 

1st Term

 

Apprentice

 

5th Term

 

Apprentice

 

4th Term

 

Apprentice

 

3rd Term

 

Apprentice

 

2nd Term

 

Apprentice

 

1st Term

 

Insurance and Trust Fund $15.75 $11.81 $9.45 $7.88 $3.15 $11.81 $9.45 $7.88 $7.09 $5.99

 

Pension Fund $4.92 $3.69 $2.95 $2.46 $0.98 $3.69 $2.95 $2.46 $2.21 $1.87

 

Annuity Fund $11.20 $8.40 $6.72 $5.60 $0.00 $8.40 $6.72 $5.60 $5.04 $0.00

 

Summer Benefit Fund $3.50 $2.63 $2.10 $1.75 S0.00 $2.63 $2.10 $1.75 $1.58 $0.00

 

Winter Benefit Fund $3.50 $2.63 $2.10 $1.75 $0.00 $2.63 $2.10 $1.75 $1.58 $0.00

 

Joint Apprentice Fund $0.66 $0.66 $0.66 $0.66 $0.00 $0.66 $0.66 $0.66 $0.66 $0.00

 

Labor Management Committee $0.01 $0.01 $0.01 $0.01 $0.00 $0.01 $0.01 $0.01 $0.01 $0.00

 

Industry Promotion Fund $0.25 $0.25 $0.25 $0.25 $0.00 $0.25 $0.25 $0.25 $0.25 $0.00

 

Research & Education $0.09 $0.09 $0.09 $0.09 $0.09 $0.09 $0.09 $0.09 $0.09 $0.09

 

Total Benefit Contribution $39.88 $24.33 $20.45 $4.22 $24.33 $20.45

 

Base Wage Rate $50.25 $37.69 $30.15 $25.13 $17.59 $37.69 $30.15 $25.13 $22.61 $19.10

 

Total Package $90.13 $67.85 $54.48 $45.57 $21.81 $67.85 $54.48 $45.57 $41.11 $27.04

 

Working Dues of 4% of Base Hourly Wages are to be withheld from all skill levels

 

PERCENTAGE OF JOURNEYPERSON WAGE

 

4-YEAR APPRENTICESHIP (Indentured BEFORE 1/1/2023) 5-YEAR APPRENTICESHIP (Indentured AFTER 1/1/23)

 

4th Term 3rd Term 2nd Term 1st Term 5th Term 4th Term 3rd Term 2nd Term 1st Term

 

75% 60% 50%

 

Benefits

 

20%

 

Wages

 

35% 75% 60% 50% 45% 38%

 

Notes:

 

1. The gross taxable wage is the wage rate plus the contributions to the Summer/Winter Benefit Funds.

 

2. After taxes are taken out from the gross taxable wage, the Summer/Winter Benefit contribution is then deducted and remitted in full to the Benefit Fund.

 

3. Foreperson’s wages are $1.50 additional per hour over Joumeyperson’s rate.

 

4. Apprentices indentured after January 1, 2023 will follow the 5-Year Schedule.

 

Apprentices indentured prior to January 1, 2023 will remain on the 4-Year Schedule.

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