SHEET METAL INDUSTRY
MEMORANDUM OF AGREEMENT
The following modifications of the 2020-2021 Collective Bargaining Agreement between
SHEET METAL & AIR CONDITIONING CONTRACTORS ASSOCIATION OF NEW
YORK CITY, INC., SMACNA – LONG ISLAND, INC., and INTERNATIONAL
ASSOCIATION OF SHEET METAL, AIR, RAIL, AND TRANSPORTATION
WORKERS – LOCAL UNION NO. 28 are hereby agreed to and accepted by the parties
and shall constitute the Collective Bargaining Agreement by and between the parties.
ARTICLE I JURISDICTION
Section 3
Amend current language regarding radiator enclosures and cleaning of ductwork as follows:
…. The installation of unit vents where there is sheet metal work in connection with the
supply and discharge of air, the setting of radiator enclosures. The cleaning of ductwork
in new and existing buildings…
Include: Duct Cleaning, 3-D Scanning, Plotting or imaging Equipment, Fire Life Safety or
Damper Inspections and/or Ventilation Verification.
The Jurisdictional Settlement between the International Association of Heat and Frost Insulators
(hereafter referred to as Insulators) and the International Association of Sheet Metal, Air, Rail
and Transportation Workers (hereafter referred to as SMART), dated June 1, 2019, shall be
incorporated for reference for as long as such agreement remains in effect.
ARTICLE V MANPOWER
Section 2
A. Replace with the following:
1st Employee “A” Mechanic
2nd & 3rd Employees LCWs
3 “A” Mechanics
1 additional LCW
6 “A” Mechanics
1 additional LCW
9 “A” Mechanics
October 13, 2021 2
1 additional LCW
12 “A” Mechanics
1 additional LCW
15 “A” Mechanics
1 additional LCW
22 “A” Mechanics
1 additional LCW
B. No employer shall be entitled to more than 8 LCWs in the shop.
Section 7.
Provide that failure to provide the required letter of termination will subject the Employer to a
penalty of four (4) hours wages per day until the Union receives the letter of termination.
| ARTICLE VI | APPRENTICES |
| Section 4. | |
| Provide that Apprentices in their 8th and 9th terms can work without any restrictions or limitations, subject to the approval of the court appointed Special Master. |
|
| ARTICLE VII | WAGES |
| Section 1. | Provide for a wage package increase of $10.50 as follows: |
| 11/1/21: 11/1/22: 11/1/23: 11/1/24: |
$2.25 $2.25 $3.00 $3.00 |
* The Union shall allocate $0.50/hour contribution to the Joint Labor and Management
Committee and Trust.
Create New Section 1. E.
The Foreperson minimum rate shall be two (2) dollars per hour over scale where there are six (6)
or more workers on the job site.
October 13, 2021 3
| Section 8. Section 8. |
Increase layoff notice from one-half (½) hour to one (1) hour. Provide that the Employer shall be subject to a penalty of four (4) hours of pay |
| per day until the employee receives their check. However, this provision shall not apply if the Member is not physically present on the job site at the time of termination or was terminated for |
|
| cause. | |
| Create New Section 9. | The term “wage scale” shall include the value of all applicable |
| hourly contractual benefits in addition to the hourly wage rate. | |
| ARTICLE VIII | HOURS & HOLIDAYS |
Section 3. Add:
Juneteenth to the list of legal holidays.
Section 4. Add: Double time will be paid on Saturday after ten (10) hours.
Section 5. Add:
Employers must report overtime to the Union on jobs where a Shop Steward is not present.
| ARTICLE XI | TRAVEL |
| Section 6. | Replace current language with the language from the Standard Form Uniform |
| Agreement, Art. VIII, Sec. 6 regarding travelers. | |
| Delete Section 7. | |
| Create a new Section 7. | Add the language from the Standard Form Uniform Agreement, |
| Art. VIII, Sec. 8 regarding health coverage. | |
| ARTICLE XII | FRINGE BENEFIT FUNDS |
| Section 10. | Add the following: |
| An Employer, whose payment check bounces two times within a six (6) month period, shall be required to pay by certified check for the following six (6) months. A check that bounces for reasons other than contractor error shall not be deemed a bounced check for this purpose. |
|
| Section 16. | Add the following: |
The Employer remittance reports will be amended to require that each employee contributed for
will be designated as a Shop (S), Field (F), or Drafting (D) employee.
October 13, 2021 4
Section 17. Add the following:
When manpower is withdrawn from a contractor after the seventy-two (72) hour notice, the
contractor will pay wages and benefits to the members withdrawn from the job until the
members are returned to work. This payment of wages and benefits must be paid before the
members return to work. Withdrawn members shall attempt to seek other employment and will
only get reimbursed for actual time lost.
| C. | Section 23. | Replace current language with the language from the Standard Form |
| Uniform Agreement, Art. VIII, Sec. 15 regarding ITI, NEMI and SMOHIT. | ||
| ARTICLE XV Section 1. |
WORK RULES |
Amend to clarify that the Employer will provide all power tools.
Section 18.
• Employers are required to notify Local 28 no later than three (3) days from when the job
is awarded.
• Employers must report overtime to the Union on jobs where a Shop Steward is not
present.
Section 19.
Amend to increase limit of insurance coverage for stolen or damaged tools to $600.
Add new sections:
Section 32. Provide that only a Building Trades Journeyperson can be a Foreman where a
Journeyperson is required to be on the job.
Section 33. The parties agree to waive the requirements of Labor law Section 196-b, recognizing
that employer contributions made to the Vacation and SASMI funds are comparable benefits for
the employees.
Section 34. The parties agree to waive Section 1 and Section 2 of the New York Health and
Essential Rights Act (NY HERO Act).
ARTICLE XVII MISCELLANEOUS
Section 5. Delete the last sentence:
Dated this 13th day of October 2021.
Queens, New York
SHEET M I�TAL & AIR
CONDIT! ONING CONTRACTORS
ASSOCIATION OF NEW YORK
CITY, INC.
By: L /
—=�
W�rr”�h,_a_m�R-o=.th;.:::;b;;;;;e;:;;r=-g-—–
SMACNA – LONG ISLAND, INC.
ByJ ��he-,,-.-
1 clissa Barbour
October 13, 2021
INTERNATIONAL ASSOCIATION OF
SHEET METAL, AIR, RAIL, AND
TRANSPORTATION WORKERS
LOCAL UNION NO. 28
By: ____a�’/C—+–=-{//4_,;J.____c,__•__
Eric Meslin
5
“This shall not apply to non-union contractor (shops) doing working in New York City and Long
Island organized after August 1, 2005.”
Add:
A newly signed employer need not have a shop when signed subject to the following conditions:
1. They are not permitted to do any renovation work in Manhattan
2. They may not employ more than nine (9) Total building Trade members and/or Light
Commercial workers
3. They must have a functional shop with