NY & NJ Tile Association/Tile Setter L 7 CBA 06.03.2025 thru 06.01.2031

AGREEMENT

 

Between

 

THE GREATER NEW YORK AND NEW JERSEY TILE

 

CONTRACTORS ASSOCIATION, INC.

 

AND

 

THE TILE SETTERS AND TILE FINISHERS UNION OF

 

NEW YORK AND NEW JERSEY, LOCAL UNION NO. 7

 

OF THE INTERNATIONAL UNION OF BRICKLAYERS

 

AND ALLIED CRAFTWORKERS

 

Dated: June 3, 2025

 

TABLE OF CONTENTS

 

ARTICLE I: The Bargaining Unit 1

 

ARTICLE II: Territory 1

 

ARTICLE III: Working Conditions -2

 

ARTICLE IV: Preparations 8

 

ARTICLE V: Union Security 8

 

ARTICLE VI: Employment and Hiring Procedures 9

 

ARTICLE VII: Traveling Contractors 11

 

ARTICLE VIII: Affiliated and/or Related Companies 12

 

ARTICLE IX: Hours, Wages and Fringe Benefits 13

 

ARTICLE X: Residential and Other Reduced Rate Work 22

 

ARTICLE XI: Holidays 22

 

ARTICLE XII: Foremen 23

 

ARTICLE XIII: Shop Steward 24

 

ARTICLE XIV: Apprentices 25

 

ARTICLE XV: Notice of Execution of Contract 26

 

ARTICLE XVI: Assignment of Contract/Subcontracting 26

 

ARTICLE XVII Contract or Piece Work 27

 

ARTICLE XVIII: Strikes and Lockouts 27

 

ARTICLE XIX: Grievance and Arbitration Procedure 28

 

ARTICLE XX: Clothing and Tools 30

 

ARTICLE XXI: International Masonry Institute 31

 

ARTICLE XXII: BAC PAC and Local PAC Check-off 31

 

ARTICLE XXIII Payment Bonds 32

 

ARTICLE XXIV: Work and Safety Methods 33

 

ARTICLE XXV: Promotion Fund 33

 

ARTICLE XXVI: Taft Hartley Benefit Funds 33

 

ARTICLE XXVII: Employer Principals 34

 

ARTICLE XXVm Validity 34

 

ARTICLE XXIX: Most Favorable Employer 35

 

ARTICLE XXX: Terms of Agreement 35

 

ARTICLE XXXI: Complete Agreement 36

 

Agreement for Independent Employers 38

 

Attachments:

 

SCHEDULE A: “A” Rates: Zones 1 to 3 40

 

SCHEDULE B: “B” Rate Agreement 49

 

SCHEDULE C: Standards of Excellence 53

 

i

 

TRADE AGREEMENT (“AGREEMENT’) IS BY AND BETWEEN THE GREATER NEW

 

YORK AND NEW JERSEY TILE CONTRACTORS ASSOCIATION, INC. (hereinafter the

 

“Association”), on behalf of its respective members (hereinafter “Employer(s)” or “Members”),

 

who are members at the time of the execution of this Agreement or who may become members

 

during the life of this Agreement and any extension or renewals thereof, and the TILE SETTERS

 

AND TILE FINISHERS UNION OF NEW YORK & NEW JERSEY LOCAL UNION NO. 7 OF

 

THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTSMEN, 45-34

 

Court Square, Long Island City, New York 11101 (hereinafter “Local 7” or the “Union”).

 

WHEREAS, the Association is comprised of Tile Contractors engaged in the installation of

 

tile and related materials in New Jersey, New York City, Long Island, and certain other counties,

 

identified below, within the State of New York; and

 

WHEREAS, the Union is an unincorporated association of Setters and Finishers employed in

 

the tile industry, performing the labor described herein.

 

Now, therefore, the Association and the Union (collectively, the “Parties”) agree as follows:

 

ARTICLE I

 

The Bargaining Unit

 

The Employer recognizes the Union, pursuant to Section 9(a) of the National Labor Relations

 

Act, as the exclusive collective bargaining agent for all Employees within the bargaining unit

 

(hereinafter, “Employee(s)”), on all present and future job sites within the jurisdiction of Local 7,

 

unless and until such time as the Union loses its status as the Employee’s exclusive representative

 

as a result of a National Labor Relations Board (“NLRB”) election requested by the Employees.

 

The Employer agrees that it will not request an NLRB election.

 

The Union agrees and hereby recognizes the Association as the exclusive bargaining agent for

 

all Tile contractors who are members of the Association as their bargaining representative.

 

The Union agrees not to negotiate individually or to enter into any agreement; understanding

 

or practice with any member of the Association or with any Employer represented by the

 

Association for the term of this Collective Bargaining Agreement (“CBA” or “Trade Agreement”)

 

or any extension thereof.

 

ARTICLE II

 

Territory

 

The Employer recognizes the Union as the sole collective bargaining agent for Tile Setters,

 

Tile Finishers and Apprentices employed by the Employer within New York City, the State of

 

New Jersey, Long Island, and the following counties in the State of New York: Westchester,

 

Rockland, Putnam, Orange, Sullivan, Dutchess and Ulster.

 

1

 

When an Employer who is a party to this contract is working within the jurisdiction of the

 

Associated Construction Contractors of New Jersey (“ACCNJ”), or when an Employer who is a

 

party to the contract between ACCNJ and Local 7 is working within the jurisdiction of the Greater

 

New York and New Jersey Tile Contractors Association (“GNYNJTCA”), such Employer shall

 

abide by all terms of the agreement with Local 7 that is applicable to the geographic area where

 

the work is performed, and shall not be considered a traveling contractor. In either case, it is

 

understood that contractors who are members of either Association shall abide by the contract

 

terms applicable to Association members, and contractors who are not members of either

 

Association shall abide by the contract terms applicable to non-association members. Local 7 has

 

agreed to allow the members of the GNYNJTCA and of the ACCNJ portability of their association

 

privileges with respect to Fringe Benefit Payment schedule requirements in all geographical areas

 

under its jurisdiction.

 

ARTICLE HI

 

Working Conditions

 

Section 1.

 

Tile Setters work includes, but is not limited to, the work defined as:

 

(A) The cutting or setting of all tile where used for floors, walls, ceilings, walks, promenade

 

roofs, exterior veneers, stair treads, stair risers, facings, hearths, fireplaces and decorative inserts,

 

together with any marble plinths, thresholds or window stools used in connection with any tile

 

work; also to prepare and set all concrete, cement, brickwork, or other foundations or material that

 

may be required to properly set and complete such work.

 

(B) The application of a float coat or coats of portland cement mortar prepared to proper

 

tolerance to receive tile on floors, walls and ceilings regardless of whether the portland cement

 

mortar coat is wet or dry at the time the tile is applied to it.

 

(C) The setting of all tile bonded with portland cement mortar, where the bed is floated,

 

screeded, slabbed or buttered and where joints are not filled in the same operation.

 

(D) The setting of all tile by the adhesion method with organic and/or inorganic thin-bed

 

bonding materials where such bonding material is applied to the backing surface and/or the back

 

of tile units or sheets of tile.

 

(E) The setting of tile, as herein provided, shall include the installation of accessories and the

 

insertion of decorative tile inserts in other materials.

 

(F) The mounting, setting, sealing and installation of prefabricated tile panels in the shop and

 

at the job.

 

(G) The setting of accessories when built into tile walls.

 

(H) The setting of decorations, mantels and counters.

 

2

 

(I) Patching of old and new work.

 

(J) Thin-set waterproofing.

 

(K) All work usually and customarily performed by Tile Setters and Tile Finishers.

 

Section 2,

 

“TILE” is herein defined as the following products, which are not limited in size or thickness:

 

(A) All burned clay products as used in the tile industry, either glazed or unglazed,

 

(B) All composite materials marble tiles, glass, mosaics, brickettes, terra cotta, glass mosaics,

 

and all substitute materials for tile made in tile like units, and

 

(C) All materials in the tile like forms of cement, metals, plastics and other materials, that are

 

made for or intended for use as a finished floor surface, stair treads, promenade floors, walks,

 

walls, ceilings, swimming pools and all other locations where tile is used to form a finished interior

 

or exterior surface for practical use, sanitary finish or decorative purposes.

 

(D) The Tile Setters jurisdiction will include marble and granite as described below.

 

Flooring:

 

All jobs involving marble and granite and/or natural and man-made stone-type floor tiles of

 

less than three quarters of an inch (3/4″) thickness shall be assigned to and performed by Tile

 

Setters and/or Tile Finishers. All jobs involving marble and granite and/or natural and man-made,

 

stone-type floor tiles of three quarters of an inch (3/4″) thickness or more and total more than

 

three (3) square feet shall be assigned to and performed by Marble Setters and/or Marble Finishers.

 

Residential flooring of three quarters of an inch (3/4’’) thickness up to four (4) square feet

 

installed using thinset over slab or thinset over cured mortar bed – first team from either Tile or

 

Marble at Employer’s discretion; second team from other craft not selected initially, alternating

 

teams beyond that selection.

 

Flooring less than three quarters of an inch (3/4”) in thickness is assigned to the tile trade;

 

under the discretion of the Employer there can be a composite crew with the marble craft.

 

For residential, condos, hospitalities and apartments, if the craft assigned (Marble or Tile) has

 

at least eighty (80%) percent of the work in the bathroom, that craft shall perform sills, shelves,

 

tub decks and niches.

 

3

 

Walls:

 

All jobs involving marble and granite and/or natural and man-made, stone-type wall tile of less

 

than three quarters of an inch (3/4″) thickness shall be assigned to and performed by Tile Setters

 

and/or Tile Finishers.

 

All jobs involving marble and granite and/or natural and man-made stone-type wall tiles of

 

three quarters of an inch (3/4″) thickness or more shall be assigned to and performed by Marble

 

Setters and/or Marble Finishers.

 

For wall installations at three quarters of an inch (3/4”) thickness up to two (2) square feet can

 

be performed by the tile craft with thinset application.

 

Tops:

 

All jobs involving marble and granite and/or natural and man-made, stone-type tops or

 

miscellaneous pieces in bathrooms and toilets shall be assigned to and performed by Tile Setters

 

and/or Tile Finishers. Window sills and saddles will be considered the jurisdiction of the Tile

 

Setters and Tile Finishers.

 

All jobs involving marble and granite and/or natural and man-made, stone-type tops or

 

miscellaneous pieces (excluding window sills and saddles) outside of the bathrooms and toilets

 

shall be assigned to and performed by Marble Setters and/or Marble Finishers.

 

Notwithstanding the above, a Tile contractor may do any small job, involving six (6) team days

 

or less of marble work, with tile workers at tile wages. The Tile contractor cannot break a job up

 

into phases in order to satisfy this agreement. A “rule of reason” shall apply to the implementation

 

and enforcement of these changes.

 

(E) It is agreed that the hours of employment, wages, fringe benefit contributions and all other

 

terms and conditions of employment shall be pursuant to the terms and conditions of this CBA It

 

is expressly understood and agreed that the Employer is not bound to the terms and conditions of

 

any existing Marble locals’ CBAs. The Marble locals, however, shall be entitled to reallocate wage

 

and fringe benefit contributions provided that the total wages and fringe benefit contributions

 

package does not exceed the total wage and fringe benefit contributions package of the respective

 

Tile locals’ CBAs.

 

(F) The Employer shall not use Tile Setters or Tile Finishers to perform anchoring marble or

 

granite work.

 

Section 3,

 

Tile Finishers work includes, but is not limited to, the work and terms defined below:

 

(A) On mortar jobs each Tile Setter shall be helped by one (1) Tile Finisher.

 

4

 

(B) On adhesive work, the Tile Finisher will help three (3) Tile Setters, providing no grouting

 

is required.

 

(C) On thinset work, the Tile Finisher will help two (2) Tile Setters, and the Tile Finisher is

 

to grout up to two hundred and fifty (250) square feet of floors or walls per day.

 

(D) Notwithstanding the foregoing, if the Employer decided to do a thinset or adhesive job

 

on a one (1) Tile Setter one (1) Tile Finisher basis, then the Tile Finisher is to do all the grouting

 

of the work, including catching up on the last day of the Tile Setters’ work on the job.

 

(E) On unglazed wall installation, where one (1) Tile Finisher is helping two (2) Tile Setters,

 

the Tile Finisher will grout one hundred (100) square feet of tile per day.

 

(F) On unglazed floor tile, the Tile Finisher will grout two hundred (200) square feet per day

 

when helping two (2) Tile Setters.

 

(G) On epoxy work, the Tile Finisher may be required to help two (2) Tile Setters, but in no

 

event shall the Tile Finisher be required to do any grouting regardless of whether the Tile Finisher

 

is helping one (1) or two (2) Tile Setters. On a one to-one basis, on a latapoxy installation only,

 

the Tile Finisher will do some grouting.

 

(H) On mortar jobs, the float coat shall be done on a one (1) Tile Finisher to one (1) Tile Setter

 

basis. The setting of tile or marble on the float coat shall be on a one (1) Tile Finisher to one (1)

 

Tile Setter or one (1) Tile Finisher to two (2) Tile Setters basis at the Employer’s discretion.

 

(I) On a thinset specialty type installation, not to exceed two hundred seventy (270) square

 

feet among three (3) Tile Setters, the Tile Finisher will help three (3) Tile Setters and do the

 

grouting of the installation up to a total of two hundred seventy (270) square feet.

 

(J) On a specialty type installation on Mud (Mortar), not to exceed a total of one hundred

 

thirty-five (135) square feet among the three (3) Tile Setters, the Tile Finisher will help three (3)

 

Tile Setters and do the grouting up to a total of one hundred thirty-five (135) square feet.

 

(K) On marble baths, the Tile Finisher will help two (2) Tile Setters and grout three (3) hopups or two hundred fifty (250) square feet, whichever is greater.

 

(1) Tile Finishers’ jurisdiction shall include the cleaning of tile, unpacking of all tile, and

 

shall handle all materials, such as sand, cement, tile, lime, all types of tile panels, prefabricated tile

 

units, and any other form of tile or material that may be used by the Tile Setters, after being

 

delivered on the job. The Tile Finisher shall do all the work pertaining to the protective covering

 

of all tiles.

 

(2) Caulking required when pre-grouted tile is used, or caulking required to be done by

 

the Employer around door bucks, fixtures or internal comers after tile is installed, shall be done by

 

Tile Finishers. Specialty caulking done as part of the tile installation procedure is not included.

 

The Employer retains the right to subcontract caulking at its discretion. The Tile Finisher shall do

 

any/all work related to sealers and caulking. Article XVII regarding Subcontracting shall apply.

 

5

 

(3) Tile Finishers shall do the grouting of tile work, as set forth in this Agreement

 

provided:

 

(a) That all material is placed on the floors by Tile Finishers.

 

(b) Tile Finishers may be required to obtain waterfor groutingand/or cleaning from

 

one (1) floor up or down. Such condition, or reasonable requests to obtain incidental materials

 

from other areas of the job shall not eliminate the requirement that Tile Finishers do the grouting

 

of tile set forth in the Agreement.

 

(4) The Employer is to furnish suitable pails, sponges, hoe blades and mixing drills for

 

the Tile Finishers and they shall be held strictly accountable for the return of such pails, sponges,

 

hoe blades and mixing drills.

 

(5) In all buildings over four (4) stories in height, Employers shall famish a block and

 

fall, or other proper facilities for hoisting materials. No more than six (6) teams shall be required

 

to use a single block and fall on regular mortar installations. Whenever materials are to be pulled

 

beyond a distance of six (6) stories the Employer shall provide for one (1) additional Tile Finisher

 

for each block and fall.

 

(6) All Tile Finishers are to handle and distribute all materials during the designated

 

lunch period when directed by the Foreman on the job. Each Tile Finisher, assigned to help a Tile

 

Setter, and performing such work, shall be paid double time for one (1) hour in compensation for

 

their lost lunch period and, in addition, his regular straight time pay for the half hour after the lunch

 

period ends so that such a Tile Finisher shall receive nine (9) hours pay over the span of a working

 

day; and any other Tile Finisher, not assigned to a Tile Setter, performing such work, shall be paid

 

double time only for the designated lunch period so that such a Tile Finisher shall receive eight (8)

 

hours pay over the span of a working day. Should fifty (50%) percent or more of the Tile workers

 

who are so employed on any job refuse to work the lunch hour when ordered, it shall be considered

 

a violation of the Agreement, which is distinctly understood that Local 7 will not countenance.

 

(7) The parties hereto shall use their best efforts in the industry’s and public’s interest to

 

increase production and reduce costs by maintaining maximum man hour output and to use all

 

machinery, tools, appliances or methods which may be practical.

 

(8) The Employer shall use his best efforts to provide and make available for the

 

employees proper and suitable scaffolds, fit and safe for use.

 

(9) Patchwork can be performed by a Tile Setter without a Tile Finisher so long as the

 

work is not in excess of thirty (30) square feet.

 

PATCHING DOES NOT MEAN that if at the end of the day, there is still some extra

 

work to be done in a room where no other trade is holding up completion, and which the Tile Setter

 

can finish that next morning, or where the room can be finished by another Tile Setter without a

 

Tile Finisher.

 

6

 

(10) The parties agree that Tile Finishers shall do a fair day’s work in all cleaning of tile

 

in accordance with the following schedule:

 

(a) Twenty-four (24) average sized bathroom floors per day on regular tile

 

installations.

 

(b) One thousand (1,000) square feet per day on commercial installations.

 

(c) Glazed tiles of any type are not required to be cleaned.

 

(11) With respect to grouting with one hundred (100%) percent epoxy, excluding

 

Spectra lock and similar products, the Tile Finishers who do the grouting shall be paid ten ($10.00)

 

dollars additional for each day’s work with such grout. There will be no restrictions on production

 

for such work.

 

Section 4.

 

All Setters must be pre-certified by the Union for all mud work. Tile Finishers may spread and

 

make cuts for the Tile Setters provided they complete their Tile Finisher responsibilities.

 

Section 5.

 

(A)A new classification of Tile Tender shall become effective June 2, 2017. The wage

 

rate shall be forty (40%) percent of the Tile Finisher classification.

 

(B) Tile Tenders may be used on residential and finish work only.

 

(C) Any residential and finish work contracted on or before June 2, 2017, an Employer may

 

use a ratio of two (2) Tile Finishers to one (1) Tile Tender per job so long as there are at least

 

two (2) Tile Finishers on that job.

 

(D)Any residential and finish work contracted after June 2, 2017, an Employer may use a

 

ratio of one (1) Tile Finisher to one (1) Tile Tender per job.

 

(E) Employers violating the ratio will be subject to a monetary penalty of $700.00 per day.

 

Any Employer determined by the Joint Trade Board to have violated the CBA may be subject to

 

suspension of the opportunity to employ a Tile Tender for up to one (1) year.

 

(F) Tile Tenders may apply to the Union to become Tile Finishers after four (4) years of

 

employment. A Tile Tender may only apply to the Union to become a Tile Finisher if he/she has

 

performed, at a minimum, 750 hours of covered work in each of the four (4) years he/she was a

 

Tile Tender.

 

Section 6.

 

Rail systems with porcelain tile will be subsidized with $10.00 per hour and the Tile Finisher

 

to Tile Setter ratio will be on an as needed basis.

 

7

 

Section 7.

 

A Tile certification program shall be established. Additionally, the membership shall be

 

encouraged to participate and complete the thirty (30) hour OSHA course plus an additional

 

ten (10) hours of site safety training equaling forty (40) total hours which entitles the member to

 

an SST card.

 

ARTICLE IV

 

Preparations

 

Section 1.

 

All preparations for tile walls, ceilings and floors must be properly prepared with sand and

 

cement, plumb and true and scored. The portland cement float coat must be properly prepared,

 

plumb and true and shall be the exclusive work of the Tile Setters. The Union shall have the right

 

to bring to the attention of the Employer any and all preparations that may be considered

 

detrimental to proper and durable installation of work. It is understood that precautions to insure

 

and guarantee the proper and durable installation of work are to conform with accepted practice in

 

the industry. It is understood that preparations for adhesive installations are to be plumb and true

 

and are to conform with accepted practice in the industry. Subsurface is to be dry, firm and clean

 

for proper bond with adhesive. Rooms and any other work shall be cleaned to the proper level for

 

the installation of the tile. Tubs shall also be cleaned of debris for the proper installation of the tile.

 

Section 2.

 

The Parties do not recognize that any particular grade of tile should call for any special grade

 

of installation, but all installations regardless of quality or kind of tile, should be made in a first

 

class manner, provided Tile Setters/Tile Finishers are supplied with proper working equipment

 

such as soaking tubs, mortar boards, scaffolds wherever required, straight edges, floating strips,

 

mixing boxes, sufficient light and heat to insure proper installation of tile work and such materials

 

as are specified by the Architect for the job in question, and providing the principles of the trade

 

as to proper installation and durability are adhered to.

 

Existing elevators shall be made available to Tile Setters/Tile Finishers where the building is

 

over seven (7) stories in height.

 

ARTICLE V

 

Union Security

 

Section 1.

 

(A) It shall be a condition of employment that each employee on or after the eighth (8th) day

 

following the commencement of employment in the industry, or the date of execution of this

 

Agreement, whichever is later, shall be, become and remain a member in good standing in Local 7,

 

and that all employees who are members of Local 7 on the date of execution of this Agreement

 

shall remain members of Local 7. If there is a violation of the foregoing provisions because of a

 

8

 

failure by an employee to tender periodic dues and the initiation fee uniformly required by Local 7,

 

then upon request of the Union, the Employer shall terminate the employment of such employee.

 

(B) In the event that Congress shall amend or change the applicable law so as to provide for

 

Union Security more favorable to the Union and its members than herein above set forth, then the

 

provisions of such new or amended law, when effective, shall automatically be incorporated

 

herein.

 

(C) Authorized representatives of the Union shall be allowed to visit jobs and to interview

 

the Employer and employees covered by this Agreement but shall in no way interfere with or

 

hinder tire progress of work.

 

ARTICLE VI

 

Employment and Hiring Procedures

 

NON-DISCRIMINATION

 

The Employer and the Union agree there will be no discrimination against any Employee with

 

respect to race, creed, color, national origin, sex, age, handicap, marital status, sexual orientation

 

or affection preference, disability, citizenship status, alienage or any other protected characteristic,

 

in any terms and conditions of employment, including but not limited to, recruitment, hiring,

 

compensation, training and apprenticeship, promotion, upgrading, demotion, downgrading,

 

transfer, layoff and recall, discipline, discharge, and all other terms and conditions of employment,

 

except as provided by law.

 

Hiring Procedures:

 

Section 1. Associated Members

 

Except for the express exceptions contained in Article III §2(D), supra,, it is agreed that on all

 

jobs, for both straight time as well as overtime, the Employer shall select the first six (6) Tile

 

Setter/Tile Finisher joumeypersons and the Union shall designate the next three (3) Tile Setter/Tile

 

Finisher joumeypersons. If needed, the next two (2) Tile Setter/Tile Finisher joumeypersons shall

 

be selected by the Employer and the next two (2) Tile Setter/Tile Finisher joumeypersons

 

thereafter by the Union and continuing in such alternating manner until the job is fully staffed.

 

This selection process shall only be applicable to Employers who are members of the Association.

 

The Union has the sole discretion to select any member it deems fit to serve as a Steward. If

 

the person initially appointed as a Steward does not, in the Union’s sole discretion, adequately

 

perform his/her duties as a Steward, then the Union may replace him/her with another member,

 

currently working on the job.

 

Preference in the assignment of overtime is to be given to those currently working on the job.

 

Only if there is insufficient manpower to cover the overtime from those currently working on the

 

job will the alternating assignment methodology as described in the first paragraph above in this

 

section apply.

 

9

 

If the Union does not assign a Tile Setter/Tile Finisher to the job, the Employer may assign a

 

Tile Setter/Tile Finisher. The Union agrees that for the duration of the job, it will not require that

 

a Tile Setter/Tile Finisher designated by the Union replace a Tile Setter/Tile Finisher assigned to

 

the job by the Employer. Both parties agree that the Employer shall have the right to determine the

 

number of Tile Setters/Tile Finishers to be employed on any job. Both parties further agree it is

 

the right of any Employer to discharge any Tile Setter/Finisher that in its opinion is unsatisfactory.

 

Section 2. Independent Contractors

 

(A) On thinset and mastic jobs, the Employershall select the first (1st) TileSetter/Tile Finisher

 

required exclusive of non-working foremen and the Union shall select the second (2nd) Tile

 

Setter/Tile Finisher. The Employer shall select the third (3rd) Tile Setter/Tile Finisher and the

 

Union shall select the fourth (4th) Tile Setter/Tile Finisher on such jobs. The selection of all

 

additional Tile Setters/Tile Finishers required thereafter shall alternate on a one-to-one basis

 

between the Employer and the Union. Both parties agree that the Employer shall have the right to

 

determine the number of Tile Setters/Tile Finishers to be employed on any job. Both parties further

 

agree it is the right of any Employer to discharge any Tile Setter/Tile Finisher that in his opinion

 

is unsatisfactory. On mud jobs the Employer shall elect (exclusive of any non-working foreman)

 

the first two (2) Tile Setters/Tile Finishers required and the Union shall designate, the next two (2)

 

Tile Setters/Tile Finishers. Thereafter, if more Tile Setters/Tile Finisher is required, the

 

distribution shall be one (1) from the Employer and one (1) Tile Setter/Tile Finisher referred by

 

the Union, making the total number of days work equal as the job progresses.

 

(B) The above is interpreted to mean that, when any job is fifty (50%) percent completed, Tile

 

Setters/Tile Finishers referred through the Union shall have an equal number of days with the Tile

 

Setters/Tile Finishers selected by the Employer; and if not, the Union shall have the right to stop

 

the job in question until such time as the Employer makes arrangements to the Union’s satisfaction,

 

to complete the job with an equal number of days for both sides.

 

(C) This interpretation does not apply to one (1) employee jobs. To settle any dispute or

 

difference of opinion as to a one (1) employee job, the Employer, when sending notice of execution

 

of contract, as provided for herein, shall state on such notice that such job will only require one (1)

 

Tile Setter/Tile Finisher to complete the work. This will give the Business Agent time to visit the

 

job before the work is started, and, if the Business Agent disagrees with the Employer, the Business

 

Agent shall so advise the Employer, and if they cannot agree, the matter is to be referred to the

 

Joint Trade Board.

 

Employment:

 

Section 1.

 

Employers shall be at liberty to employ and discharge whomsoever they see fit and Tile

 

Setters/Tile Finishers shall be at liberty to work for whomsoever they shall see fit. The Employer

 

retains the right to reject any job applicant referred by the referral hall. Any Tile Setter/Tile

 

Finisher who is referred to a job in accordance with the provisions of this Article, and remains

 

ready and willing to work, shall beguaranteed the first (1st) four (4) hours of a day’s pay, regardless

 

of whether the Tile Setter/Tile Finisher is actually permitted to work the first four (4) hours.

 

10

 

Section 2,

 

In the event the Union fails to refer necessary men within three (3) working days after notice

 

in writing by an Employer to the Union and to the Joint Trade Board, the Employer may employ

 

individuals to perform the work from any other source.

 

Section 3.

 

(A) Staggered start for Tile Finishers for setup in the morning and clean up in the afternoon so

 

that the Tile Setters can work a full shift.

 

(B) Workers can be used to assist other signatory Local 7 crafts in the last two (2) hours of the

 

shift if there is no other work available in their craft to complete the day.

 

(C) Utilize training facilities for all aspects of the industry (safety, shop steward, foreman,

 

etc.). Employers will enforce foreman and supervisory training from their staff.

 

Section 4.

 

(A)Employers shall report jobs in writing, limited to job, location, contractor, anticipated start.

 

Failure to report a job shall be subject to a one thousand ($1,000.00) dollar penalty for the first

 

(1st) violation and a two thousand ($2,000.00) dollar penalty for each violation thereafter.

 

(B) Employers shall have one (1) month from the date of the execution of the Memorandum of

 

Agreement to supply the list of current jobs to the Union.

 

(C) The Association shall notify its members that they are required to supply the Union with a

 

complete listing of their existing jobs as of June 2, 2017 which began on or after January 1, 2017.

 

(D)The Union shall notify Independent Contractors who have had at least one (1) job since

 

January 1, 2017 of the same obligation as stated in Section 4(a) above.

 

ARTICLE VII

 

Traveling Contractors

 

Section 1.

 

When the Employer has any work specified in Article III of this Agreement to be performed

 

outside of the area covered by this Agreement and within the area covered by an Agreement with

 

another affiliate of the International Union of Bricklayers and Allied Craftsmen, the Employer

 

agrees to abide by the full terms and conditions of the Agreement in effect in the jobsite area.

 

Employees covered by this Agreement who are sent to projects outside of the area covered by this

 

Agreement shall be paid at least the established minimum wage scale specified in the annexed

 

wage schedules, but in no case less than the established minimum wage scale of the Local

 

Agreement covering the territory in which such work is being performed, plus all contributions

 

specified in the jobsite Local Agreement. The provisions established in the jobsite Local

 

11

 

Agreement shall in all other matters govern the Employer. If employees are sent to work on a

 

project in an area where there is no Local Agreement covering the work specified in Article III of

 

this Agreement, the full terms and conditions of this Agreement shall apply.

 

Section 2,

 

The provisions under this Traveling Contractors clause shall be limited to the following States

 

for any member of the Greater New York and New Jersey Tile Contractors Association, Inc. who

 

have assigned their bargaining rights to the Association: New York, New Jersey, Connecticut,

 

Massachusetts, Pennsylvania and Rhode Island.

 

Section 3.

 

If the Employer’s principal place of business is located outside the geographic jurisdiction of

 

Local Union No. 7, the Employer shall select the first Tile Setter/Tile Finisher and the Union shall

 

select all additional teams.

 

ARTICLE VIH

 

AFFILIATED and/or RELATED COMPANIES

 

Section 1,

 

No Tile Setter/Tile Finisher shall work for any Employer or individual who has failed to sign

 

an Agreement with the Union or does not comply with the terms and conditions of employment in

 

said Agreement.

 

Section 2.

 

In order to protect and preserve for the employees covered by this Agreement all work

 

heretofore performed by them, and in order to prevent any device or subterfuge to avoid the

 

protection and preservation of such work, it is hereby agreed as follows: if and when the Employer

 

shall perform any work of the type covered by this Agreement at the site of a construction project,

 

under its own name or under the name of another, as a corporation, company, partnership, or any

 

other business entity, including joint venture wherein the Employer (including its officers,

 

directors, owners partners or stockholders) exercises either directly or indirectly (such as through

 

family members) any significant degree of ownership, management or control, the terms and

 

conditions of this Agreement shall be applicable to all such work.

 

Section 3.

 

All charges by the Union of violations under Section 2 of this Article shall be considered as a

 

dispute under this Agreement and shall be processed in accordance with the procedures for the

 

handling of grievances and the final binding resolution of disputes, as provided in Article XIX of

 

this Agreement. As a remedy for violations of this Section, the arbitration body provided for in

 

Article XIX is empowered, at the request of the Union, to require an Employer to: (1) pay to

 

affected employees covered by the Agreement the equivalent of wages lost by such employees as

 

12

 

a result of the violations, and (2) pay into the affected joint trust funds established under this

 

agreement any delinquent contributions to such funds which have resulted from the violations,

 

including such interest as may be prescribed by the trustees or by law. Provision for this remedy

 

herein does not make such remedy the exclusive remedy available to the Union or such joint trust

 

funds for violation of this Section; nor does it make the same or other remedies unavailable to the

 

Union or such joint trust funds for violations of other sections or Articles of this Agreement.

 

Section 4,

 

If, as a result of violation of this Article, it is necessary for the Union to institute court action

 

to enforce an award rendered in accordance with Article XIX, or to defend an action which seeks

 

to vacate such an award, or for the Trustees of the joint trust funds to institute court action in the

 

first instance to enforce Section 2 above, the Employer shall pay any accountant’s and attorney’s

 

fees incurred by the Union and/or the fund trustees, plus costs of the litigation, which h^ve resulted

 

from the bringing of such court action in accordance with ERISA should the Union and/or the

 

Funds prevail.

 

ARTICLE IX

 

Hours, Wages and Fringe Benefits

 

Section 1: Hours

 

(A) Seven (7) hours will constitute a regular day’s work except that eight (8) hours will

 

constitute a regular day’s work where the specific job is performed in the counties of Sullivan,

 

Dutchess and Ulster in New York. However, it shall be an Employer’s option, after notifying the

 

Union, to work a seven (7) hour or eight (8) hour day at straight time. The seven (7) or eight (8)

 

hour day selected must start on the first day of the job and shall continue for the duration of the

 

job.

 

(B) To provide for a flexible start time, the Employer shall have discretion to start the workday

 

at any time between 6:00 A.M. and 9:00 A.M., provided that employees are given reasonable

 

advance notice of any change in the hours. If a job starts at 7:00 A.M. or earlier, the lunch period

 

shall start between the hours of 11:00 A.M. and 12:00 noon and shall not exceed one half hour.

 

Employees are required to take a lunch period.

 

(C) An Employer, after notifying the Union, may elect to assign work on the basis of four (4)

 

ten (10) hour days at straight time. If this option is selected, it must begin on the first day of the

 

job and shall continue for the duration of the job.

 

(D) Both the Union and the Employers have to address the problem of employees working

 

overtime on the weekend and not working on Monday or replacing themselves. It is agreed that if

 

this problem happens without a legitimate excuse, or on a second occasion, the Employer shall

 

mail the employee’s paycheck to the Union on behalf of the employee and deprive the employee

 

of overtime assignment(s).

 

(E) For those employees governed by a seven (7) hour day, the following rules shall apply,

 

subject to paragraph B, above:

 

13

 

(1) Regular working hours are Monday through Friday from 8:00 A.M. to 12:00 noon

 

and from 12:30 P.M. to 3:30 P.M., except as provided for in paragraph B of this Article. When a

 

specific job requires a 9:00 A.M. starting time, the regular seven (7) hours are Monday through

 

Friday from 9:00 A.M. to 1:00 P.M., and from 1:30 P.M. to 4:30 P.M., except as provided for in

 

paragraph B of this Article.

 

(2) Should a Tile Setter/Tile Finisher leave a job early by his own volition, his pay for

 

that day shall be proportionately reduced. The Employer must deduct the proportioned hourly

 

amount from such employee’s pay for that day. In the event an employee leaves the job early,

 

without a legitimate excuse, or on a second occasion, the Employer can mail the employee’s layoff

 

check to the Union Hall.

 

(3) Tile Setters/Tile Finishers may be laid off at the start of the lunch period or at the

 

end of the workday. When laid off, a Tile Setter/Tile Finisher shall be notified of such action no

 

later than one (1) hour before the time of such lay off and paid in full not later than one-half (1/2)

 

hour before quitting time. Failure of the Employer to notify the Tile Setter/Tile Finisher of lay off

 

and to pay wages in full as herein prescribed will obligate the Employer to continue the Tile

 

Setter/Tile Finisher in his employ another one-half (1/2) day or to pay the equivalent in waiting

 

time, be it the start of the lunch period or the end of the workday.

 

(4) Any Tile Setter/Tile Finisher who is sent to a job to work and is not ready solely

 

because of the Employer’s fault shall be paid one-half (1/2) day’s pay.

 

(5) No Tile Setter/Tile Finisher shall be required to report to the Shop after regular

 

working hours or before the start of a shift, except as provided for in paragraph B of this Article.

 

(6) As to the Tile Finishers only, anything in the Agreement to the contrary

 

notwithstanding, the Employer has the absolute right to change the normal time period for Tile

 

Finishers hired to load, unload and handle materials by commencing prior to the starting time or

 

at the end of the workday.

 

(7) All conditions and employee ratios listed under the Employment and Hiring

 

Procedures shall apply when assignments for overtime are required on a jobsite. The foreman will

 

be the first representative from the Employer and the shop steward will be the first representative

 

from the Union and the remainder of assignments will be on an alternating basis. When additional

 

work force is required from sources other than the members currently employed at the jobsite the

 

Employer must give the Union the opportunity to comply with the ratios stated in the Employment

 

and Hiring Procedures.

 

Section 2: Wages

 

(A) The Union in its sole absolute discretion reserves the right to allocate any of the wage rate

 

(i.e. total economic package) increases on the Wage Schedules to wages or any of the Fringe

 

Benefit Funds. The Union also has the right to unilaterally reallocate the entire economic package,

 

excluding the Pension Funds and Promotion Fund. The Parties must mutually agree to any

 

allocation or reallocation which would reduce contributions to the Pension Funds or Promotion

 

14

 

Fund. All allocations and reallocations shall be subject to all IRS regulations including, but not

 

limited to, the IRS twenty-five (25%) percent rule. The Employers are to be notified of the

 

allocations and reallocations thirty (30) days prior to the effective date of the increase or

 

reallocation. There shall be full itemization of all deductions on a weekly and year to date basis

 

where Employer’s payroll system permits.

 

The total economic package, inclusive of wages and benefits, shall be increased as follows (not

 

compounded):

 

The total economic package, inclusive of wages and benefits, shall be increased across the

 

board for all classifications and rates based on the rates in effect on June 1, 2025 as follows:

 

> 2% effective June 2, 2025.

 

o Half of the increase shall be allocated on June 2, 2025 and half of

 

the increase shall be allocated on December 1, 2025.

 

> 2.5% effective June 1, 2026.

 

o Half of the increase shall be allocated on June 1, 2026 and half of

 

the increase shall be allocated on December 7, 2026.

 

> 2.75% effective June 7, 2027.

 

o Half of the increase shall be allocated on June 7, 2027 and half of

 

the increase shall be allocated on December 6, 2027.

 

> 2.75% effective June 5, 2028.

 

o Half of the increase shall be allocated on June 5, 2028 and half of

 

the increase shall be allocated on December 4, 2028.

 

> 3% effective June 4, 2029.

 

o Half of the increase shall be allocated on June 4, 2029 and half of

 

the increase shall be allocated on December 3, 2029.

 

> 3% effective June 3, 2030.

 

o Half of the increase shall be allocated on June 3, 2030 and half of

 

the increase shall be allocated on December 2, 2030.

 

Any existing ongoing jobs as well as jobs already awarded out will be paid at the total

 

economic package rates above beginning on June 2, 2025.

 

NOTE: The Employer’s obligation to report jobs. See Art. VI §4(A).

 

15

 

(B) Wage payments made by check must be made no later than 3:30 P.M. each Wednesday,

 

and if not so made, then shall be paid in cash no later than 3:30 P.M. the following day provided,

 

however, that if an employee consents thereto, payment by check may be made on Thursday. All

 

wage payments shall be for the payroll week closing on the Sunday preceding the payment. In the

 

event a payroll check is returned for insufficient funds, the Employer shall be required to pay

 

two (2) additional days wages.

 

(C) For those employees governed by a seven (7) hour regular day, overtime is to be paid at

 

the rate of one and one-half (1 1/2) times the regular rate of pay for work performed after 3:30 P.M.

 

on any job that commences at 8:00 A.M. and is not completed by 3:30 P.M. For those employees

 

governed by an eight (8) hour regular day, overtime is to be paid at the rate of one and one-half

 

(1 1/2) times the regular rate of pay for work performed after 4:30 PM on any job that commences

 

at 8:00 A.M. and is not completed by 4:30 P.M. The above hours shall be adjusted where the job

 

commences at a different hour, as provided in Article IX, Section 1(B).

 

(D) Tile Setters/Tile Finishers who are required to work between the hours of 12:01 A.M.

 

Sunday or on a Holiday and through 12:00 midnight Sunday or on a Holiday shall be paid double

 

time at the straight time rate of pay for wages and applicable fringe benefit contributions for the

 

duration of the shift.

 

(E) Tile Setters/Tile Finishers who are required to work between the hours of 12:01 A.M.

 

Saturday through 12:00 midnight Saturday shall be paid one and one-half (1 1/2) times the straight

 

time rate of pay for wages and applicable fringe benefit contributions for the duration of the shift.

 

If the shift should go in excess of ten (10) hours it will revert to double time.

 

(F) Shift work is defined as a workday starting outside of the normal starting times.

 

The provisions of this article shall apply to all of the New York Territory and the following

 

counties in Northern New Jersey: Monmouth, Mercer, Middlesex, Somerset, Hunterdon, Union,

 

Essex, Hudson, Bergen, Passaic, Morris, Sussex, Warren.

 

Shift rate pay shall be applicable during the following hours:

 

(1) Shift time will be paid on the clock from 12:00 A.M. Monday until 11:59 P.M. on

 

Friday and shall be paid at oneand one-quarter (1 1/4) times the straight time rate of pay for wages

 

and applicable fringe benefit contributions for the duration of the shift.

 

(2) After the normal shift (7 or 8 hours) is finished the wages and benefits will revert to

 

the normal overtime schedule.

 

(G) All Tile Setters that float three hundred (300) square feet of mud walls and/or float and

 

cover two hundred (200) square feet of mud floors in one (1) day are to receive four ($4.00) dollars

 

per hour of extra pay. Tile Finishers shall work one (1) hour early in the morning on a mud job

 

day to prepare. Overtime rates shall apply.

 

16

 

(H) Effective June 2, 2017, any new Tile Apprentice Finishers to the trade shall not make

 

more than thirty-five (35%) percent of a Tile Setters wage, and thereafter, the yearly scale

 

progression shall be adjusted accordingly. See: Article XIV of this CBA. .

 

(I) Any new Tile Tender to the trade shall not make more than forty (40%) percent of the Tile

 

Finisher classification.

 

(J) A new employee who does not go through the Apprenticeship Program may be paid at the

 

Tile Finishers rate during his first year of employment. The Union shall cooperate in providing

 

information to the Employers regarding the date an employee was first employed or the number

 

of hours an Apprentice has worked.

 

(K) Wages and fringe benefit contributions are based on where the work was performed. There

 

are three (3) zones of pay:

 

Zone #1: Manhattan, Bronx, Queens, Staten Island and Brooklyn.

 

Zone #2: Northern New Jersey, Long Island, Westchester and Rockland.

 

Zone #3: Putnam, Ulster, Sullivan, Dutchess and Orange.

 

Section 3: Fringe Benefit Funds

 

(A) All Funds have been established, approved and operated jointly by the Union and the

 

Association.

 

(B) These Funds are for the benefit of the Tile Setters and Tile Finishers and are to be used

 

for the established purposes only.

 

(C) All fringe benefit fund contributions shall be paid on the basis of Tile Setter/Tile Finisher

 

hours paid for, except that IPF, IMI, Tile Promotion and Local Pension shall be paid on the basis

 

of hours worked.

 

(D) Elected full time officers of the Union and Employees of the Union may participate in the

 

Funds and the International Union of Bricklayers and Allied Crafts Pension Fund (LU. Pension

 

Fund) provided contributions are paid to these Funds on their behalf in the same manner as other

 

covered Employees.

 

(E) Employers shall provide for the coverage of Tile Setters/Tile Finishers in their employ

 

with disability insurance in accordance with the requirements of the law of the State in which they

 

are employed.

 

(F) Payments by Employers to all Funds shall be submitted via contribution receipts under

 

the contribution receipt system (CRS) administered by the Fund Administrator on behalf of the

 

Trustees of the respective Funds, containing such data as the Trustees may from time to time

 

determine in their discretion to be necessary. Employers must file contribution receipts whether or

 

not Employees are performing Tile Setters/Tile Finishers work during any particular period.

 

17

 

(G) The books and records of the Employer shall be made available at all reasonable times for

 

inspection, copying and audit by, but not limited to, the accountant, outside independent auditors

 

or other representatives of the Trustees of the Funds. The Employer shall be required to disclose

 

upon such audits all books and records, including but not limited to all payrolls and payroll ledgers,

 

including New York payrolls,, New Jersey payrolls, Connecticut payrolls, computer payroll

 

printouts, W-2 forms, Quarterly Federal payroll tax returns (Form 941), quarterly state payroll tax

 

returns, annual Federal and State tax returns, cash disbursements, journals, purchase journals, New

 

York State employment records, insurance company reports, Employer remittance reports, payroll

 

and supporting checks, ledgers, vouchers, 1099 Forms, evidence of unemployment disability

 

insurance premiums, certification of workers compensation coverage, checks in support hereof

 

and any other documentation concerning payrolls. In addition, the aforementioned books and

 

records of any affiliate, subsidiary, alter ego, joint venture or other related company of the

 

Employer shall also be made available at all reasonable times for inspection, copying and audit by,

 

but not limited to, the accountants, outside independent auditors or other representatives of the

 

Trustees of the Funds. There will be a two-tiered audit program consisting of random audits and

 

targeted audits that will be operated pursuant to the Trustees’ direction. Upon termination of

 

operations, the Employer will be required to submit to a close-out payroll audit of its books and

 

records to insure recovery of any fringe benefit contribution delinquencies found as a result of an

 

audit examination.

 

(H) 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 bill. In the event, after the Trustees have made a request, the Employer fails to produce

 

its books and records necessary for a proper audit, the Trustees of the Funds 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 Tile Setter/Tile Finisher 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.

 

(I) If the Employer seeks the protection and/or intervention of the Bankruptcy Court, 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 nor shall this section limit the Trustees rights

 

as creditors under the United States Bankruptcy Code.

 

(J) 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 requested herein are not furnished, then the Employer

 

shall be penalized and pay the sum of two hundred fifty ($250.00) dollars per auditor, to cover the

 

expense of the auditor.

 

18

 

(K) 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’ notice of

 

intention to remove Tile Setters or Tile Finishers from a job is given to the Employer by the Union

 

by certified mail, return receipt requested. If such members who are removed remain on the jobsite

 

during regular working hours, they shall be paid for lost time.

 

(L) Contributions from Association members are due by the 15th of the month following the

 

month in which the work is performed, with interest accruing on delinquent amounts from the

 

thirtieth (30th) day after the due date. Contributions from the Independent Employers are due

 

biweekly commencing on the Ist and 15th of each month, with interest accruing on delinquent

 

amounts from the due date. Interest will accrue at the prime rate or such amount of interest as the

 

U.S. Department of Labor or the Internal Revenue Service may require Trustees of Employee

 

Benefit Funds to collect for late payments of contributions, or at the rate of ten (10%) percent per

 

annum (calculated from the due date) for local funds and fifteen (15%) percent per annum for

 

international funds (calculated from the day after the due date), whichever amount is greater. If

 

contributions are not received in the Fund Office by the respective due dates, the Union will send

 

the Employer a letter stating that the Employer must pay within three (3) days. The Union is

 

committed to the Funds to pull the men off of the job for any Employer that does not remit the

 

required contributions after the three (3) day notice is executed. If the Fund Office does not receive

 

the contribution within the ten (10) days allotted, the matter will be turned over to Fund Counsel.

 

Fund Counsel will send a letter stating that if the Fund Office does not receive payment within

 

seven (7) days, a lawsuit will commence and the Employer shall be liable for the payment of

 

delinquent contributions with interest, plus liquidated damages of twenty (20%) percent of the

 

amount of delinquent contributions owing, and such other costs and penalties as may be assessed

 

by a court as provided under ERISA, including but not limited to reasonable audit costs, attorneys’

 

fees and court costs. The Funds’ receipt or acceptance of late payment of contributions whether or

 

not such payment is in response to a notice from the Union, the Fund Office or Counsel shall not

 

constitute a waiver of interest by the Funds, and the Union and the Funds reserve the right to seek

 

interest on the late payment of contributions received in accordance with protocols adopted by the

 

Fund Trustees, even in the absence of a lawsuit Interest will accrue at the rate of three (3%) percent

 

plus prime, not to exceed ten (10%) percent per annum.

 

(M) If the audit amount for any year is at least three (3%) percent of the Employer’s annual

 

gross payroll for covered employees for that year, the Employer shall pay the cost of the audit.

 

Where the audit covers more than one year, then the three (3%) percent shall be calculated on the

 

total gross payroll for covered employees for the period of the audit.

 

(N) Where payment is made or an audit is conducted pursuant to a judgment or court order,

 

the Employer recognizes the right of the Trustees of the Funds to have the court enter an Order

 

permanently enjoining the Employer and its agents, representatives, directors, officers,

 

stockholders, successors and assigns, for the remaining term of this Agreement from failing,

 

refusing or neglecting to submit the required Employer remittance reports and/or to pay the

 

required contributions to the Funds, and requiring the Employer to cooperate in an audit in

 

accordance with this Agreement.

 

19

 

(O) The Employer recognizes that when payment of contributions to the Funds pursuant to

 

this Agreement is made by check or other negotiable instrument that is returned uncollected, the

 

Funds incur additional cost and expense. The Employer hereby agrees that in the event any

 

payment to the Funds by check or other negotiable instrument results in the check or negotiable

 

instrument being returned without payment after being duly presented, the Employer shall be liable

 

for additional damages in the amount of one hundred ($100.00) dollars to cover such additional

 

costs, charges and expenses. Nothing herein is intended, nor shall it be interpreted, to mean that

 

the Funds or the Union waive any other liquidated damages required to be paid pursuant to this

 

Agreement in the event Employer contributions to the Funds are not timely paid in full.

 

(P) If Tile Setters/Tile Finishers are withdrawn from any job in order to collect contributions

 

to the Funds and the LU. Pension Funds, the Tile Setters/Tile Finishers who are affected by such

 

stoppage of work shall be paid for lost time, provided that three (3) days’ notice of the intention to

 

remove Tile Setters/Tile Finishers from a job is given to the Employer by the Union by certified

 

mail, return receipt requested.

 

(Q) The Employer hereby agrees to be bound by and to the Agreements and Declarations of

 

Trusts of the Funds, as though it had actually signed the individual documents and further agrees

 

to be bound by all actions taken by the Funds pursuant to said Agreements and Declaration of

 

Trusts, as amended, and their respective Plans, as amended, and by all By-Laws, rules and

 

resolutions adopted to regulate each of the Funds.

 

Section 4: Dues check off

 

The Employer shall deduct from wages in the amount certified by the Union the gross salary

 

for each hour paid or any additional sums per hour thereafter specified by the Union. The amount

 

so deducted shall be remitted to the Union as dues check-off. A statement, reporting the name of

 

each person whose dues are being paid and the number of hours each employee has been paid,

 

shall accompany the sums transmitted. The Employer and the Union further acknowledge that the

 

Employer has agreed to make such deductions provided that at the time of such deductions, the

 

Employers have received written authorizations executed by the Employee. The Employer and the

 

Union further acknowledge that the Union has agreed to indemnify and hold harmless the Trustees

 

from any and all claims, actions and proceedings arising out of said payment.

 

Section 5: International Union of Bricklayers and Allied Crafts Pension Fund

 

(A) The Employer acknowledges that the Union has elected to participate in the I.U. Pension

 

Fund.

 

(B) The Employer hereby agrees to be bound by and to the Agreements and Declarations of

 

Trusts for the I.U. Pension Fund as though he had actually signed the individual documents and

 

further agrees to be bound by all actions taken by the Trustees of Fund pursuant to said Agreements

 

and Declarations of Trusts.

 

20

 

(C) The Employer hereby irrevocably designates as its representatives on the LU. Pension

 

Fund Board of Trustees, such Trustees as are now serving, or who will in the future serve, as

 

Employer Trustees, together with their successors.

 

(D) For the purpose of this section, each hour paid for, including hours attributable to showup time, and all other hours for which pay is received by the employee in accordance with this

 

Agreement, shall be counted as hours for which contributions are payable to the I.U. Pension Fund.

 

(E) Contributions shall be paid on behalf of all covered employees starting with the

 

employee’s first (1st) day of employment in a job classification covered by this Agreement. This

 

includes, but is not limited to journeymen, apprentices, finishers, trainees and probationary

 

Employees. There shall be no contributions for pre-Apprentices for a period of three (3) months

 

from the first day of the Apprentice Program while attending the twelve (12) week pre-job training

 

program.

 

(F) All contributions shall be made at such time and in such manner as the Trustees require,

 

and the Trustees shall have the authority to have an independent Certified Public Accountant audit

 

the time books, payroll and wage records of the Employer for the purpose of determining the

 

accuracy of contributions to the l.U. Pension Fund. Any Employer found, as a result of an audit

 

ordered by the Trustees of one (1) of the I.U. Pension Funds, to have been substantially inaccurate

 

in reporting shall be charged the full costs of such audit.

 

(G) If the Employer fails to make any contribution specified in this section, the Union shall

 

have the right to take whatever steps are necessary, including the withdrawal of manpower, to

 

secure compliance with this Agreement, any other provision hereof to the contrary

 

notwithstanding, and the Employer shall be liable for all costs for collection of payments due,

 

including: (A) the unpaid contributions, (B) interest on the unpaid contributions at fifteen (15%)

 

percent per annum, (C) liquidated damages in the amount of twenty (20%) percent of the

 

contribution delinquency, (D) reasonable attorneys’ fees, and such other costs and penalties as may

 

be assessed by a court as provided under ERISA. The Employer’s liability for payment under this

 

Article shall not, at the Union’s sole option, be subject to or covered by any grievance or arbitration

 

procedure or any “no strike” clause which may be provided for or set forth elsewhere in this

 

Agreement.

 

Section 6: New York City Paid Sick and Safe Leave Law is Waived

 

On behalf of itself and its members, the Union waives any and all rights under the New

 

York City Paid Sick and Safe Leave Law, NYC Admin. Code §20-911 et seq, as amended.

 

Section 7; Patient Protection and Affordable Care Act

 

It is the intention of the parties that the health and welfare benefits provided by the Funds

 

to which the Employers must contribute under this Agreement, shall satisfy the requirements under

 

the Patient Protection and Affordable Care Act (“PPACA”) whereby the Employers offer to fulltime employees and their dependents the opportunity to enroll in minimum essential coverage

 

under an eligible Employer sponsored Plan. The parties shall instruct the Plan Trustees

 

accordingly. In the event that during the term of this Agreement it shall appear to either or both of

 

21

 

the parties that any health care option or coverage provided by the Local 7 Tile Industry Welfare

 

Plan is or may become insufficient or deficient, or out of compliance pursuant to any federal, state

 

or local health care legislation, or any other regulation in effect requiring a modification of the

 

options or coverage in order to avoid Employer penalties under the PPACA or otherwise, the

 

parties shall immediately reopen this contract for the purpose of negotiating the least costly

 

modifications to the Plan, which would enable the Plan to be compliant and Employers not be

 

subject to penalties, at no additional total compensation package cost to the Employers, or the least

 

such cost possible.

 

ARTICLE X

 

Residential and Other Reduced Rate Work

 

Section 1,

 

(A)The parties have agreed to establish a secondary wage rate in an effort to recapture market

 

share. This is a new program that will require the Association and the Independent Employer to

 

sign the standard CBA, as well as a separate agreement. The program will be strictly monitored.

 

Violations of the new program could result, after a Joint Trade Board hearing, in reimbursement

 

of wages and fringe benefit contributions, as well as being levied a fine. Residential and other

 

reduced rate work shall be governed by the attached “B-Classification” Agreement and wage

 

schedules.

 

(B) A day’s work will be governed by Article IX, Section 1.

 

Section 2.

 

(A) Overtime and shift work rates shall be governed by the respective Articles and Sections of

 

this Agreement.

 

(B) Hiring conditions: At this time, there is no referral hall. The parties agree that they shall

 

discuss the mechanics of the workings of a referral hall for “B-Classification” workers once there

 

is a sufficient supply of manpower for the Union to have a pool of employees to choose from.

 

(C) Payment of fringe benefit contribution shall be governed by the attached wage schedules.

 

ARTICLE XI

 

Holidays

 

Section 1.

 

NEW YEAR’S DAY LABOR DAY

 

PRESIDENT’S DAY COLUMBUS DAY

 

MARTIN LUTHER KING, JR. DAY VETERAN’S DAY

 

GOOD FRIDAY THANKSGIVING DAY

 

MEMORIAL DAY DAY AFTER THANKSGIVING

 

INDEPENDENCE DAY CHRISTMAS DAY

 

22

 

If a Holiday should fall on a Sunday, it will be observed on Monday. If holiday should fall on

 

a Saturday, it will be observed only on Saturday.

 

Section 2.

 

No work within the trade and Territorial Jurisdiction of the Union shall be performed on Labor

 

Day.

 

Section 3.

 

Neither the Union nor the Employer shall close down a jobsite or declare the day before or

 

after one (1) of the Holidays listed above as an additional holiday or day off without the prior

 

consent of a majority (51%) of all the Tile Setters and the Tile Finishers working on the site on the

 

last working day prior to the additional day or days off.

 

Section 4.

 

When Tile Setters and Tile Finishers are working in locations outside of the jurisdiction of the

 

Union’s Territorial Jurisdiction, they must observe holidays in the locality they are working.

 

ARTICLE XII

 

Foremen

 

Section 1.

 

There shall be a Foreman on all jobs within the jurisdiction of the Union. The Foreman shall

 

be a journeyman Tile Setter.

 

(A) On jobs where five (5) or more Journeyman Tile Setters are employed, the Foreman shall

 

receive an amount at least twenty dollars ($20.00) per day above the daily wage of a Journeyman

 

Tile Setter regardless of the length of the day.

 

(B) The Forepersons Finisher shall receive ten dollars ($10.00) per day for coordinating the

 

job.

 

(C) On jobs where more than ten (10) Journeyman Tile Setters are employed, the Foreman

 

shall not handle the tools and shall receive an amount of at least twenty dollars ($20.00) per day

 

above the daily wage of a Journeyman Tile Setter.

 

(D) Any journeyman Tile Setter who has invested in, retained stocks or has any financial

 

interest in any tile contracting firm under no circumstances shall be installed as foreman on any

 

operation or installation of tile work.

 

23

 

ARTICLE XHI

 

Shop Steward

 

Section 1,

 

(A) A Shop Steward shall be present on all jobs having two (2) or more Tile Setters/Tile

 

Finishers. The Shop Steward shall be appointed by the Union and shall not be discriminated against

 

for the legitimate performance of his/her duties.

 

(B) For non-Member employers, the second man on a job shall be a steward.

 

Section 2.

 

The duties of the Shop Steward at the jobsite shall be as follows:

 

(A) To inspect dues books and receipts for initiation fees and to report to the Union if a

 

payment has not been made as required;

 

(B) To report violations of the working rules or the CBA, unsafe conditions and other jobsite

 

disputes, to the Foreperson or the Employer, and to report to the Field Representative if the

 

condition or violation is not promptly corrected, or if the dispute is not promptly resolved;

 

(C) To assist any injured member in receiving proper and immediate care; and,

 

(D) To report to the President of the Union any work assignments falling within the recognized

 

trade jurisdiction of the Union made to employees represented by another labor organization.

 

(E) The Shop Steward shall notify the Foreman when lockers are supplied and whether they

 

provide adequate protection for the Tile Setters/Tile Finishers’ clothing and tools.

 

(F) The Shop Steward shall enforce the conditions of this Agreement and methods of

 

employment herein established. It is their duty to see that no work is performed during the normal

 

lunch period and that no Tile Setter/Tile Finisher continues to work after the end of the normal

 

shift, except as provided by this Agreement.

 

(G) If the Shop Steward is unable to promptly resolve a problem at the job, the Shop Steward

 

shall contact the Union office as soon as possible. The Shop Steward shall not have the authority

 

to order a work stoppage or interruption in the work progress.

 

(H) The Shop Steward shall perform their duties with the least possible inconvenience to the

 

Employer. The Shop Steward’s duty is to work as a Tile Setter/Finisher and shall not use their

 

position as an excuse to avoid the performance of their duties as a Tile Setter/Tile Finisher. The

 

Shop Steward’s duty is to look after the interest of the Employer as well as the union. The Shop

 

Steward shall not be laid off without reasonable cause and without prior notification to the

 

Business Manager or their representative.

 

(I) All Shop Steward reports must be done during non-working hours.

 

24

 

ARTICLE XTV

 

Apprentices

 

There shall be a Joint Apprenticeship and Training Committee consisting of three (3) members

 

designated by The Greater New York and New Jersey Tile Contractors Association, Inc.,

 

one (1) member of the Building Contractors Association of Atlantic County, and three (3)

 

members designated by the Union to administer the Apprenticeship Training Program which shall

 

meet at least semi-annually.

 

An Apprentice shall be defined as a “Local 7 Apprentice” in the Apprenticeship Training

 

Program. The Apprenticeship Training Program shall be a four (4) year program for all Local 7

 

Tile Setters. The program for the Tile Finisher Apprentices shall be a three (3) year program. The

 

Apprenticeship Training Program shall provide for mandatory cross-training and upgrading for all

 

Local 7 Apprentices.

 

If, at the Union’s discretion, the pre-Apprentice who is going through the twelve (12) week

 

training program is not qualified to become an Apprentice at the time, that pre-Apprentice shall be

 

subject to mandatory testing prior to a final decision. On the Apprentice’s two (2) year anniversary

 

in the Apprenticeship Program, the Committee, at its discretion, will decide if the Apprentice shall

 

continue on a Tile Setter or a Tile Finisher apprenticeship track.

 

Effective June 2, 2017, the wage rates of Apprentices under the four (4) year program of this

 

Agreement will be based on the Tile Setters rate:

 

Hours of Experience

 

1 – 750 Hours of Work

 

751– 1,500 Hours of Work

 

1,501 -2,250 Hours of Work

 

2,251– 3,000 Hours of Work

 

3,001– 3,750 Hours of Work

 

3,751 – 4,500 Hours of Work

 

4,501 – 5,250 Hours of Work

 

5,251– 6,000 Hours of Work

 

6,001 – 6,500 Hours of Work

 

6,501 – 7,000 Hours of Work

 

7,001 – 7,500 Hours of Work

 

Wage Rate

 

35% of Tile Setters Rate

 

40% of Tile Setters Rate

 

50% of Tile Setters Rate

 

55% of Tile Setters Rate

 

60% of Tile Setters Rate

 

65% of Tile Setters Rate

 

70% of Tile Setters Rate

 

75% of Tile Setters Rate

 

80% of Tile Setters Rate

 

90% of Tile Setters Rate

 

100% of Tile Setters Rate

 

Allocation and reallocation of the wages and fringe benefits will be at the discretion of the

 

Union, provided, however, that Employers are not required to make contributions to any benefit

 

funds on behalf of Apprentices for their first three (3) months (375 hours) of employment.

 

The total economic package (wages and fringes) shall not exceed the Apprentice’s percentage

 

category.

 

25

 

The Employer agrees to be bound by all governmental regulations as well as Project Labor

 

Agreement requirements concerning the Apprentice to Joumeyperson ratio on all covered work.

 

The parties are subject to and bound by the “Standards of Apprenticeship for Greater New

 

York and New Jersey Tile Setters/Tile Finishers Joint Apprenticeship Committee,” which shall

 

apply to all Apprentices employed under this Agreement. The “Standards of Apprenticeship for

 

Greater New York and New Jersey Tile Setters/Tile Finishers Joint Apprenticeship Committee”

 

are incorporated in this Agreement by reference as if fully set forth herein.

 

In no event, shall Apprentices be utilized as Finishers.

 

ARTICLE XV

 

Notice of Execution of Contract

 

Section 1,

 

(A) The Employer must, within a reasonable time of entering into a contract requiring the

 

performance of labor covered by this Agreement, give written or verbal notice of such contract to

 

the Union. When a contractor fails to give notice contemplated herein, it must provide written

 

notice of all future contracts.

 

(B) The Employer shall provide to the Secretary of the Union either verbally or in writing:

 

1. The name of the party with whom the contract was made.

 

2. The place where the contract is to be performed.

 

3. The approximate time when the Employer will commence performance of work under

 

such contract; and,

 

4. Whether this is to be a mortar job and the appropriate number of working days by the

 

Tile Setters/Tile Finishers required performing the job.

 

5. The Secretary of the Union shall promptly acknowledge to the Employer the receipt

 

of such communication.

 

(C) No Tile Setters/Tile Finishers shall perform any work for any Employer who fails to give

 

all notices required in this Article, prior to the commencement of any work.

 

ARTICLE XVI

 

Assignment of Contract/Subcontracting

 

No Employer, having a contract requiring the performance in connection therewith of labor

 

within the classification set forth in this Agreement, shall subcontract, sell, sublet and/or assign to

 

any other person, firm, corporate or entity who is not signatory to or bound by this Agreement, the

 

performance of such contracts including the Portland cement float coat or any other portion of the

 

contract so far as the labor is required to be performed thereunder. The Employer shall not be

 

responsible for a signatory subcontractor’s failure to pay fringe benefit contributions.

 

26

 

ARTICLE XVII

 

Contract or Piece Work

 

No Employer and Tile Setter/Tile Finisher shall bargain or contract with each other to pay

 

employees on a piecework basis, e.g., based on a unit cost. This bargaining or contracting shall be

 

looked upon as piece work, which is not countenanced by the parties bound by this Agreement.

 

Nothing in this paragraph shall be construed to prevent an Employer from setting, requiring or

 

expecting reasonable productivity standards from Employees and holding Employees to such

 

standards.

 

ARTICLE XVIII

 

Strikes and Lockouts

 

The Union or any member of the Union shall not engage in or authorize any strike, walkout,

 

or slowdown, picketing, stoppage of work or boycott, or concerted refusal to work, or any other

 

interruption of work against the Employer. Furthermore, it is understood that no Union Officer,

 

representative or Agent may authorize, encourage or assist in any strike or concerted work

 

stoppage in the shop or any premises of the Employer or at the jobsite, nor will the Union or its

 

officers participate in, counsel or induce any concerted interruption of work. This clause also

 

specifically prohibits any Union member from refusing to work due to the existence of a picket

 

line, unless sanctioned by the Building Trades Council. No Employer shall lockout any members

 

of the Union working under the jurisdiction of this Agreement prior to filing a complaint, dispute

 

or grievance, or pending the resolution thereof as provided in Article XIX hereof.

 

Section 1,

 

Except for a breach of this Agreement by the Employer, or as herein otherwise provided the

 

Union shall not order any strike, slowdown, picketing stoppage of work or boycott, against the

 

Employer, no members of the Union shall leave the work of the Employer and no Employer shall

 

lock out any members of the Union working under the jurisdiction of this Agreement, prior to

 

filing a complaint, dispute or grievance, or pending the resolution thereof, as provided in Article

 

XIX hereof.

 

Section 2.

 

The Union may call or sanction a strike for: (A) the Employer’s refusal to submit a matter to

 

the Joint Trade Board as defined in Article XIX herein, pursuant to the arbitration Article of this

 

Agreement, (B) the Employer’s failure to comply with any decision of the Joint Trade Board

 

established hereunder within five (5) working days after such decision, (C) the Employer’s failure

 

to resolve a claim, dispute or demand arising out of the Employer’s fringe benefit contribution and

 

audit obligations set forth in Article IX of the Agreement, (D) the Employer’s failure to post and

 

maintain a Payment Bond as provided by Article XXIII of this Agreement, and (E) any other

 

reason provided for in this Agreement.

 

27

 

Section 3.

 

When the Union, upon investigation, finds that the Tile Setters/Tile Finishers on any job are

 

being paid less than the rate of wages prescribed in this Agreement, they shall, provided that three

 

(3) days’ notice of the intention to remove the Tile Setters/Tile Finishers from a job is given to the

 

Employer bythe Union by certified mail, return receipt requested, be entitled to withdraw the Tile

 

Setters/Tile Finishers from such job without first submitting the complaint to the Joint Trade

 

Board. Thereafter, the Union shall resolve the complaint as provided for in Article XIX of this

 

Agreement. No damages of any kind or nature shall be awarded or allowed against the Union or

 

any officer or member thereof by reason of the withdrawal of members of the Union from a job

 

for which a complaint has been filed as aforesaid provided the complaint is filed in good faith and

 

has a reasonable basis in fact.

 

ARTICLE XIX

 

GRIEVANCE and ARBITRATION PROCEDURE

 

Section 1; Grievance and Arbitration Procedure

 

Disputes, complaints and charges arising out of or in connection with the interpretation

 

and/or application of this Agreement shall be resolved in the following manner:

 

Step I: Any dispute, complaint or charge arising out of or in connection with the

 

interpretation and/or application of this Agreement must be in writing and served on the Union

 

and/or Employer representatives on a form approved by the parties by certified mail, return receipt

 

requested, within thirty (30) days after the dispute arose. Such thirty (30) day limitation of time

 

may be waived by the Joint Trade Board in its sole discretion.

 

Step II: Within ten (10) business days after receiving notice of the dispute, the

 

representatives of the Union and the Employer shall meet in an effort to resolve the dispute. The

 

party that has filed the grievance has the burden of contacting the opposing party for the purpose

 

of setting up such meeting.

 

Step HI: (a) In the event that the parties cannot reach a satisfactory result of the grievance

 

after the Step II meeting, then the Charging Party shall have the option tosend, within a reasonable

 

time, a signed, written, demand, charge, or complaint on a form approved by the parties to the

 

Secretary/Treasurer of the Union covering the craft in which the dispute arose. A copy of said

 

demand must also be sent to the Union, or Employer, whichever party did not file the grievance,

 

and if applicable, the individual member. All demands, charges, and complaints, and copies

 

thereof, must be delivered by the Secretary/Treasurer of the Union personally or sent by certified

 

mail, return receipt requested upon the party against whom the grievance is filed.

 

(b) Unless and for good cause shown, a hearing on such demand, complaint, or

 

charge, shall be held no earlier than one (1) calendar week after receipt of such written dispute,

 

charge or complaint. The Joint Trade Board shall proceed to hear and determine all properly

 

noticed and served disputes, charges, complaints, seeking an interpretation and/or application of

 

the terms of the CBA.

 

28

 

Section 2: The Joint Trade Board

 

(A) There shall be a Joint Trade Board consisting of two (2) members of the Union and two (2)

 

members of the Association. A quorum shall consist of three (3) members. Each party to the Joint

 

Trade Board, Union, and Association shall have a single unit vote.

 

(B) There shall be one (1) Chairman and one (1) Secretary serving on the Joint Trade Board

 

at all times. One (1) individual from the Union may serve as Secretary or Chairman. One (1)

 

individual from the Association may serve as Secretary or Chairman. In no event may the

 

Secretary and Chairman positions be filled with two (2) individuals from the Union or two (2)

 

individuals from the Association. In no event may one (1) individual serve as both Secretary and

 

Chairman. In 2013, the Chairman position shall be filled by a Union member and the Secretary

 

position will be filled with an Association member. In 2014, and from year to year thereafter, the

 

position of Chairman and Secretary will alternate between a Union representative and an Employer

 

representative.

 

(C) The Joint Trade Board is empowered to hear and determine any and all disputes,

 

complaints and charges which seek to interpret or apply the provisions of the CBA over which it

 

has jurisdiction brought before it pursuant to the procedures set forth in Section 1 above. The Joint

 

Trade Board is empowered to hear testimony and review records and other evidence necessary to

 

make a determination regarding the underlying dispute, charge, or complaint. The Joint Trade

 

Board is empowered to waive the thirty (30) day limitation of time in which to commence a

 

grievance in its sole discretion.

 

(D) The Joint Trade Board shall only have the authority and jurisdiction to interpret or apply

 

the terms and conditions of this Agreement and impose an appropriate penalty or remedy and shall

 

be prohibited from adding to, subtracting from, or otherwise modifying or changing any term or

 

condition thereof.

 

(E) Should an accused party fail to appear before the Joint Trade Board, after being summoned

 

by certified mail, return receipt requested or by facsimile without an excuse satisfactory to the

 

Joint Trade Board, the charge, complaint, or demand will be considered as sustained.

 

(F) The unanimous unit decision of the Joint Trade Board shall be final and binding on all

 

parties and may only be subject to enforcement or review in a court of competent jurisdiction

 

pursuant to the applicable laws of the United States or the laws of the particular state in which the

 

grievance arose.

 

(G) In the event that a charge against an Employer is brought before and sustained by the Joint

 

Trade Board, the penalty imposed shall be determined solely by a unanimous unit vote of the Joint

 

Trade Board.

 

(H) Any member of the Association or Union against whom a charge has been sustained for

 

violating any of the Articles of this Agreement, and who fails to comply with a decision of the

 

Joint Trade Board, shall immediately be deprived of all privileges and benefits of this Agreement.

 

Article XXX with respect to the notice provisions shall apply.

 

29

 

(I) In the event that the Joint Trade Board fails to reach a decision or is deadlocked, that is,

 

there is a split in the unit vote, then the matter shall be submitted within twenty (20) days of the

 

deadlock, in writing, by either party to the American Arbitration Association at its offices in the

 

City of New York for a hearing and decision pursuant to its Labor Arbitration Rules. The award

 

of the Impartial Arbitrator shall be final and binding on all parties. Costs of arbitration shall be

 

borne equally by the parties. Such award shall be confirmed in a court of competent jurisdiction.

 

(J) An Arbitrator selected to hear and determine any dispute arising under this Agreement

 

shall have authority and jurisdiction only to interpret or apply the terms and conditions of this

 

Agreement and shall be prohibited from adding to, subtracting from, or otherwise modifying or

 

changing any term or condition hereof.

 

(K) This Articleshall not be construed to limit or affect the right of the Benefit Funds to pursue

 

recovery of delinquent contributions in federal court.

 

Section 3:

 

The Union reserves the right to submit to arbitration any dispute regarding fringe benefit

 

contributions and payroll audit obligations. However, neither this right, nor resort to arbitration

 

over any such dispute, shall be deemed a waiver of the Union’s right to resort to any other remedy

 

provided by law, including the right to strike, or the right of the Union or the Funds to seek

 

available remedies in Court. Resort to one (1) remedy at one (1) time shall not be deemed a waiver

 

of the right to resort to others at a future or subsequent time. In the event an arbitration award

 

favorable to the Union or fringe benefit Funds is rendered regarding delinquent fringe benefit

 

contributions or payroll audit obligations, such decision and award shall contain a directive that

 

the Employer pay damages, including but not limited to interest, back pay, injunctive relief,

 

reasonable fees and penalties, arbitration fees per day for arbitration costs and expenses, plus

 

reasonable attorney’s fees. In any proceeding to confirm an award of the Joint Trade Board, service

 

may be made by registered or certified mail, return receipt requested within or without the State

 

of New York, as the case may be.

 

Section 4:

 

Any Union member or member of any of the Association, who presides on the Joint Trade

 

Board and is directly involved in any case brought before the Joint Trade Board, shall withdraw

 

from the Joint Trade Board until the case is settled and an alternate shall fill the temporary vacancy.

 

ARTICLE XX

 

Clothing and Tools

 

Section 1.

 

The Employer shall be responsible for supplying Tile Setters and Tile Finishers with hard hats,

 

safety goggles, and ear protection which shall be considered part of their tools. The Employer shall

 

be responsible for supplying Tile Setters with their first (1st) Makita saws. Thereafter, the Tile

 

Setters/Tile Finishers shall be responsible for their own gear, which includes supplying their own

 

replacement saws.

 

30

 

Section 2.

 

The Employer will supply replacement blades.

 

Section 3.

 

The Employer shall reimburse Tile Setters/Tile Finishers and Apprentices for the loss of tools

 

or both, at the site of any operation where the Tile Setters/Tile Finishers or Apprentices are not

 

able to collect the value of same from the Owner or Contractor or due to fire or the forcible entry

 

to the locker area and/or tool house. The Employer shall attempt to have a locker space made

 

available on all job sites on every three (3) floors.

 

Section 4,

 

All disputes regarding loss of clothing and/or tools by a Tile Setter/Tile Finisher or Apprentice,

 

where the Tile Setter/Tile Finisher or Apprentice is not reimbursed by the Employer, shall be taken

 

up by and considered by the Joint Trade Board.

 

ARTICLE XXI

 

International Masonry Institute

 

(A) The Masonry Industry in the United States and Canada has great and definable needs in

 

the fields of apprenticeship and training, advertising and promotion, research and development,

 

and labor/management relations which must be met if the industry is to grow and prosper. The

 

parties believe that the IMI is the most effective and efficient instrument for meeting these needs

 

because it offers the greatest possibility of integrating activities in these program areas in an

 

effective manner and coordinating them through a single regional/intemational system.

 

(B) As contributions from this geographical area increase, IMI will be able to devote a portion

 

of those monies to advertising and promotion, research and development, apprenticeship and

 

training and labor/management relations programs directed specifically to this area.

 

ARTICLE XXII

 

BAC PAC and Local PAC Check-off

 

The Employers agree to deduct an amount from the pay of each Employee who is a Union

 

member and who executes a voluntary check-off authorization form for the Bricklayers and Allied

 

Craftworkers Political Action Committee (“BACPAC”) and/or the Local PAC. Deductions shall

 

be in the amount and at the intervals specified on the check-off form. The Employers agree to

 

transmit BACPAC deductions to the Treasurer of the BACPAC in care of the Union and to transmit

 

Local PAC deductions to the Treasurer of the Local PAC in care of the Union. The deduction shall

 

continue for the life of this Agreement for those Employees who sign BACPAC and Local PAC

 

forms unless they are revoked individually and in writing.

 

The Union shall submit to the Employers a fully executed BACPAC and Local PAC

 

authorization form signed by the Employee. Said authorization shall be accurately prepared

 

31

 

showing the Employee’s fall name and social security number. The remittance to the Union shall

 

be accompanied by a statement showing the name of each Employee and the number of hours each

 

Employee has been paid. The Union shall defend, indemnify and save the Employers harmless

 

against any and all claims, demands, suits, disputes, grievances, or other forms of liability

 

(including attorney’s fees incurred by the Employer) that shall arise out of or by reason of the

 

operation of this check-off clause or by reason of actions taken by the Employers pursuant to this

 

clause.

 

ARTICLE XXni

 

Payment Bonds

 

Section 1,

 

All Employers shall post and maintain a payment bond, letter of credit or cash equivalent in

 

the amount of twenty-five thousand ($25,000.00) dollars to insure payment of contributions to the

 

fringe benefit Funds. The payment bond shall be provided upon execution of the Agreement. A

 

payment bond shall be maintained for a reasonable period after termination of this Agreement to

 

insure recovery of any delinquencies found by a close-out audit of the Employer. Alternatively,

 

Association Employers may deposit funds equivalent to twenty-five thousand ($25,000.00) dollars

 

in an account or certificate of deposit held in escrow by the escrow agent on behalf of the Union

 

for the benefit of the Funds, with any interest payable to the Employer. Non-association members

 

who do not post a bond and choose to post a cash equivalent shall deposit such cash in an escrow

 

account to be maintained by the Funds.

 

Section 2.

 

All new Employers and Out-of-Town Employers without payment bonds must pay and

 

maintain a security deposit of two (2) weeks in fringe benefit contributions for each worker on the

 

job in advance via certified check and/or money order until such time as a new payment bond is

 

obtained.

 

Section 3.

 

The Union will be responsible to monitor the payment bond requirements and present quarterly

 

reports as to who has been signed as an independent contractor and that payment bonds naming

 

the fringe benefit Funds are in place. The Trustees of the Funds will establish the terms of the

 

payment bond, letter of credit or cash equivalent in accordance with the Payment Bond Protocols

 

and Escrow Agreements approved by the Trustees of the Funds now in effect. The Association

 

members will not be required to post more than twenty-five thousand ($25,000.00) dollars in

 

payment bonds. Once it has been determined that an Employer cannot secure the requisite bond

 

within a reasonable period of time, the Employer must pay weekly fringe benefit funds at the same

 

time wages are paid until such time as they become bondable to a limit of twenty-five thousand

 

($25,000.00) dollars.

 

32

 

ARTICLE XXIV

 

Work and Safety Methods

 

The Union shall be responsible to make sure that all Tile employees have been OSHA trained

 

and certified, and that they maintain that status current before they are assigned to work.

 

Safety and sanitary regulations as adopted by OSHA shall be rigidly adhered to by both parties

 

to this Agreement.

 

ARTICLE XXV

 

Promotion Fund

 

Each Employer shall pay ten (SO.10) cents for each straight time hour of work to each of the

 

Associations to promote the Tile Industry, to encourage and increase the use of tile by Architects,

 

owners, general contractors, and the building industry in general and to foster the common interest

 

and welfare of Employers and Employees engaged in the Tile Industry. The Industry Fund shall

 

be administered by a Board of Trustees designated by the Greater New York and New Jersey Tile

 

Contractors Association, Inc. The Board of Trustees shall have the authority to adopt such rules

 

and regulations as may be necessary to the proper supervision and administration of the said Fund.

 

Such rules and regulations shall be binding on each Employer. Local 7 shall have the privilege of

 

appointing a representative to attend meetings of the Board of Trustees at the invitation of the

 

Board.

 

ARTICLE XXVI

 

Taft Hartley Benefit Funds

 

(1) The Employer shall pay timely and proper contributions based on hours as per the current

 

wage and benefit schedules, and also provide contribution receipts or records in accordance with

 

this Agreement to all current benefit funds as well as their successors and assigns.

 

(2) Payment of all fringe benefit contributions from any signatory Employer shall be tendered

 

through the purchase of contribution receipts via electronic means under the Contribution Receipt

 

System (“CRS”) to the Tile Setters and Tile Finishers Fringe Benefit Funds.

 

(3) Contribution receipts are due no later than the 15th of each month for Employers who are

 

members of the Association (ex. May benefits will be paid no later than June 15th). In the pay

 

period that immediately follows the 15th, the Employer will print out a voucher and enclose it with

 

the employee’s paycheck. Contribution receipts are due bi-weekly commencing on the 1st and 15th

 

of each month for Independent Employers. These payments will include all benefits that are owed

 

for the prior pay periods. The Employer will print out a voucher and enclose it with the employee’s

 

paycheck on the pay period that follows the 1st and 15th of the month. All Employers will be

 

assigned a password for the CRS in order to remit payment of contribution receipts. In the event

 

of a layoff, the Employer may mail the required voucher to the employee at the required payment

 

date.

 

33

 

(4) The purchase of contribution receipts shall be administered by the Fund’s Third-Party

 

Administrator, which at the time of the printing of this contract is Daniel H. Cook Associates, Inc.

 

located at 253 West 35th Street, 12th Floor, New York, New York 10001.

 

(5) In the event the Employer fails to purchase contribution receipts in the manner provided

 

for herein, it will be charged the cost to the Funds of having the Administrator’s office perform

 

such task for the first (1st) offense; thereafter, a chargeof twice the amount of the first (1st) offense

 

shall be imposed for the second (2nd) offense; and a charge of three times the amount of the first

 

(1st) offense shall be imposed for the third (3rd) offense accordingly. There shall be a minimum

 

charge of two hundred fifty ($250.00) dollars for the first offense, three hundred fifty ($350.00)

 

dollars for the second offense, and five hundred ($500.00) dollars for each offense thereafter.

 

(6) The defaulting Employer has the right to object to the imposition of said charge by

 

notification to the Joint Trade Board within ten (10) days from the date the fine was imposed upon

 

it.

 

(7) Failure of signatory Employers to comply with these terms shall constitute a breach of this

 

Agreement by the defaulting Employer, and the Union, on notice, reserves the right to forthwith

 

withdraw its members from jobs of the Employer, or take such other action as it deems necessary,

 

any terms of this Agreement to the contrary notwithstanding.

 

(8) Payments to each Vacation benefit within Local 7’s Welfare Fund shall be deducted from

 

each covered employee’s wages after all taxes have been deducted by the Employer and shall be

 

forwarded to the Vacation Fund as hereinafter provided. Vacation payments under this Article, or

 

any other deduction from an employees pay, shall be considered the same as wage payments under

 

the agreement. Vacation Fund contributions shall be accrued to each covered employee account.

 

ARTICLE XXVII

 

Employer Principals

 

No proprietor or partner of a firm, partnership or corporation who is the Employer herein, nor

 

any person who is a stockholder, officer or director of a corporation or is in any way directly or

 

indirectly (such as through a spouse or family member) financially interested in the Employer’s

 

business enterprise, or exercises either directly or indirectly any degree of ownership, management

 

or control over the Employers, shall be permitted to work as a Tile Setter/Tile Finisher on any job

 

involving more than ten (10) team days.

 

ARTICLE XXVm

 

Validity

 

Section 1.

 

The Employers and the Union hereto shall be held by and subject to all provisions of this

 

Agreement while it continues in force. It is further agreed by and between the Parties that if any

 

Federal or State Court shall at any time decide that any clause or clauses of this Agreement is or

 

are void or illegal, such decisions shall not invalidate the other portions of this Agreement, but

 

such clause or clauses shall be stricken out and the remaining portion of this Agreement shall be

 

34

 

considered binding between the Parties. Nothing contained in this Agreement shall be construed

 

to prevent any one (1) or more individual Tile Setters/Tile Finishers from pursuing whatever civil

 

or criminal remedies that they may have under the law for the collection of their wages, or any part

 

thereof.

 

Section 2.

 

Any provisions of this Agreement hereinabove mentioned which provide for Union security or

 

employment in a manner or to an extent prohibited by any law or the determination of any

 

Governmental Board or Agency shall be and hereby are of no force or effect during the term of

 

any such prohibition. It is understood and agreed, however, that if any of the provisions of this

 

Agreement which are hereby declared to be of no force or effect because of restrictions imposed

 

by law is or are determined either by Act of Congress or other legislative enactment or by a

 

decision of the Court of highest recourse to be legal or permissible, then any such provision of this

 

Agreement shall immediately become and remain effective during the remainder of the term of

 

this Agreement The Union reserves the right to re-negotiate any of the provisions of this

 

Agreement which may be of no force or effect.

 

Section 3,

 

Any laws and rules of the International Union or the mandates of the Executive Board or any

 

rules or regulations of the Tile Contractors Association of America which may be in conflict with

 

the provisions contained in this CBA shall be subordinated to this Agreement and the terms and

 

conditions of this Agreement shall govern.

 

ARTICLE XXIX

 

Most Favorable Employer

 

The Union agrees that in the event it enters into any contract with an Employer within the

 

territorial jurisdiction of this Agreement, which shall provide more favorable terms to such

 

Employer, including rates of pay or conditions of employment than are provided in this

 

Agreement, the Union will and hereby does authorizethe Association to adopt such more favorable

 

terms at its option. Upon exercise of such option by the Association upon at least ten (10) days’

 

written notice thereof to the Union, such more favorable terms and conditions will immediately

 

and automatically become a part of this Agreement.

 

ARTICLE XXX

 

Terms of Agreement

 

(1) This Agreement shall be effective for the period from June 3, 2025 to June 1, 2031

 

between Local 7 and the Greater New York and New Jersey Tile Contractor’s Association, Inc.

 

Notice by either side of its desire to terminate or modify this Agreement shall be given in writing,

 

by certified mail, return receipt requested, by the party contemplating such change or changes at

 

least ninety (90) days prior to the expiration of this Agreement, and unless such notice is received

 

within the time herein specified, this Agreement shall continue from year to year thereafter until‘

 

35

 

either party gives notice, in writing, by certified mail, return receipt requested, by the party

 

contemplating such change or changes at least ninety (90) days prior to the annual renewal date.

 

(2) All notices, requests, demands and other communications which are required to be or may

 

be given under this Agreement (other than notices required in subparagraph 1 above) shall be in

 

writing and shall be deemed to have been duly given when delivered in person or after dispatch to

 

certified mail, postage prepaid, return receipt requested, to the party to whom the same is so given

 

or made, at the address of the current President of the Association, or at such other address as any

 

party may specify by notice to all parties given as aforesaid.

 

(3) There are no representations, agreements, arrangements or understandings, oral or written,

 

between the parties relating to the subject matter of this Agreement which are not fully expressed

 

in this Agreement.

 

(4) This Agreement shall be binding upon and shall inure to the benefit to each party hereto,

 

and any successor thereto resulting from a merger, consolidation or other reorganization or

 

restructuring.

 

(5) The person signing on behalf of the Employer hereby acknowledges by their signature

 

receipt of copies of the Agreements and Declarations of Trust of the Tile Setters/Tile Finishers

 

Union Pension Fund, Insurance Fund, and Welfare Fund and to assume all obligations of the

 

Employer provided for in this CBA The person signing on behalf of the Employer warrants and

 

represents that they have the authority to bind the Employer and the principals.

 

(6) This Agreement supersedes all prior agreements and understandings between the parties

 

and constitutes the entire agreement of the parties with respect to fire subject matter hereof.

 

(7) No provision of this Agreement shall be modified, amended or terminated, except by a

 

writing specifically referring to this Agreement and signed by all of the parties hereto.

 

(8) This Agreement constitutes the entire agreement between both parties and concludes all

 

collective bargaining negotiations for the full term hereof and any automatic extensions and

 

renewals thereof. It is agreed that all matters desired by any of the parties have been presented,

 

discussed and incorporated herein or rejected.

 

Effective Date: June 3, 2025

 

The Association binds its affiliates herein now and thereafter during the term of this

 

Agreement. Any Employer who performs work within the jurisdiction of the Association must

 

sign in the section referenced below. In addition, all Employers must provide their Federal

 

Identification number as provided under IRS form W-9, “Request for Taxpayer Identification

 

Number and Certification” as annexed hereto.

 

ARTICLE XXXI

 

Complete Agreement

 

It is understood and agreed, with the exception of agreed upon past practices which shall be

 

considered as part of this Agreement, that this CBA constitutes the entire Agreement between the

 

parties. There are no supplemental agreements, oral or written, other than the provisions contained

 

herein, except those that may be agreed to, in writing, signed by the parties. Any supplements to

 

36

 

this Agreement hereinafter entered into by the parties shall be in writing and executed in the same

 

manner of this document.

 

IN WITNESS OF THE AGREEMENT, authorized representatives of the respective parties have

 

signed below:

 

GREATER NEW YORK AND

 

NEW JERSEY TILE CONTRACTORS

 

ASSOCIATION, INC,

 

BRANDON DARMSTADTER

 

Vice President

 

LOCAL UNION NO. 7

 

WILLIAM HILL

 

President «

 

MAfTGUY ’

 

Secretary/Treasurer

 

37

 

FOR THE INDEPENDENT EMPLOYER

 

(Effective June 3, 2025 through June 1, 2031)

 

1. The undersigned independent Employer acknowledges that they have read the Agreement

 

between the Greater New York and New Jersey Tile Contractors Association, Inc. and the Tile

 

Setters and Tile Finishers Union of New York and New Jersey of the International Union of

 

Bricklayers and Allied Craftsmen, Local Union No. 7 (hereinafter the “Union”). The jurisdiction

 

of this Agreement covers New York City, the State of New Jersey, Long Island, and the following

 

upstate counties in the State of New York: Westchester, Rockland, Putnam, Orange, Sullivan,

 

Dutchess and Ulster as set forth in the foregoing pages of said Collective Bargaining Agreement

 

(“CBA”) of which the independent Employer acknowledges they have received. The independent

 

Employer agrees to abide and be absolutely bound by such Agreement or any modifications or

 

amendments that maybe executed between the above parties during the term of said Agreement.

 

The undersigned is affixing their signature in a dual capacity both on behalf of themselves and on

 

behalf of the independent Employer and represents by their signature their authority to bind the

 

firm, the principals and members thereof, as well as themselves.

 

2. This Agreement shall be effective for the period June 3, 2025 to June 1, 2031 for the

 

Greater New York and New Jersey Tile Contractors Association, Inc. This Agreement and any

 

amendments hereto shall automatically renew itself and continue in full force and effect from year

 

to year unless written notice of election to terminate or modify any provision of this Agreement is

 

given by one (1) party by registered or certified mail, return receipt requested, and received at least

 

three (3) months prior to the expiration of this Agreement, and unless such notice is received within

 

the time herein specified, this Agreement shall continue from year to year thereafter until

 

termination by either party upon ninety (90) days advance written notice.

 

3. The Union shall maintain a list of Employer signatories to the CBA and agrees to supply

 

the Associations with a copy of the current list of Employer signatories to the CBA on signing of

 

the contract and as additional signatories are added.

 

38

 

INDEPENDENT EMPLOYER SIGNATURE PAGE

 

Date:

 

Employer: .

 

Name and Title:

 

Individually Signed:

 

Corporate Address:

 

Telephone No.:

 

I

 

Fax No.:

 

Federal ID. No.:

 

E-Mail:

 

Accepted by: TILE SETTERS and TILE FINISHERS UNION OF NEW YORK and

 

NEW JERSEY, LOCAL UNION NO. 7

 

BY:

 

Local Union No. 7 – Union Representative

 

Title:

 

39

 

SCHEDULE “A”

 

Wage Schedules

 

40

 

SIOWSPA®AT HOURS PAU SLUE S PAIS AT HOURS WORKED

 

For a scheduledhoWeys andhMndovertime please refer to the CoOectfve Bargaining Agreement

 

Plena remit via the CRS systemremaB Io Daniel H. Cook Associates. 1040 6th Avenue How York NY 10018 24th FL Plena make checkspeyablo to Local 7 Clearing AccountTILE, MARBLE & TERRAZZO BAC LOCAL UNION NO. 7 OF NEW YORK & NEW JERSEY

 

45-34 COURT SQUARE, LONG ISLANDQTY, NEW YORK 11101 PHONE (718) 788-7848 FAX (718) 472-2370

 

WAGE ALLOCATIONS FOR COLLECTIVE BARGAINING AGREEMENT JUNE 2, 2025 – JUNE 1. 2031

 

ZONE1A: MANHATTAN, RUEEKS.5F0NX.BROO

 

TILE SETTER

 

KLYN, STATEN ISLAND,LONGISLAt 0,WESTCHESTER & RQCKLAHD

 

Eflecavn Date 8/3JZ025 121112025 6/1/2028 12/7/2028 6/7/2027 12/8/2027 t’s^aza 12/4/2028 6/4/2079 12/372029 8/3/3030 1200030

 

increase Oue $ 1.02 S 1.02 5 12B $ 1.28 5 1.41 $ 1.41 $ 1,41 * 1.41 S 1.53 1 1.53 S 1.53 3 1.53

 

Hourtv Wanes 5 653»

 

Vacation 3 5.20

 

Local Dum Check Off 1 3 Z07

 

Local Dues Check Off 2 S 119

 

toll Duas Check Off J 1.03

 

BAC. PAC. $ 0.03

 

Local PAC- S 0.01

 

Defense Fund $ 0.10

 

Banina Fund S 0.02

 

Total Deductions J 9.75

 

77» total Mudion mournshmM be nApM by the hourspaid and then deducted tomthe net pay

 

Fringe Benefits:

 

IntiPension & PPA 83 2.75 S 4.95

 

Local Pension 3 255

 

Pramoton S 0.10

 

Ml 3 1.03

 

Local 7 Training Fund 5 0.01

 

Annuity 3 10.00

 

Welfare S 16.20

 

Refires Welfare S 1.40

 

Supplemental 5 200

 

Total Fringe Benefits $ 3824

 

Tow Package 3 103.77 $ 10429 $ 105.57 5 10865 3 10826 5 109.67 $ 111.08 $ 112.49 5 114.02 i 11555 5 117.08 3 11&61

 

Total Benefits and Deductions Due

 

Straight S 47.99

 

Tune and S%(SCA) $ 49,96

 

Time and 10% (IGA PLA) S 51.93

 

Tuna and 15% (IGA PLA) S 5369

 

Time aid a Quarter S 57.83

 

Tune and a Had S 67.67

 

Double 5 87.35

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO. 7 OF NEW YORK & NEW JERSEY

 

45-34 COURT SQUARE. LONG ISLAND CITY. NEW YORK 11101 PHONE (716) 780-7648 FAX (718) 472-2370

 

WAGE ALLOCATION FOR COLLECTIVE BARGAINING AGREEMENT JUNE2 202S– JUNE 1. 2031

 

TILE SETTER

 

ZONE 2A: MONMOUTH. MIDDLESEX. HUNTERDON. SOMMERSET. MERCER. WARREN. SUSSEX. ESSEX, UNION. HUDSON. BERGEN. PAJSSAIQ 8 MORRIS COUNTIES.gLtU

 

Effective Dato 6/3/2025 12/1/2025 6/1/2026 12/7/2026 snmzi 12/6/2027 6/5/2028 12/4/2028 6/4/2029 12/3/2029 8/3/3030 12/2/2030

 

Increase Due S 1.30 $ $ 1.30 5 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ $

 

Hourly Wages 1 64.90

 

Vacalon $ 5.00

 

Local Dubs Check Off 1 S 2.04

 

Local Dues Check Off 2 $ 1-28

 

Inti DubsChock Oft S 1.02

 

BAG PAC. 3 0.03

 

localPAC. $ 0.01

 

Defense Fund S 0.10

 

Bu&Sng Fund S 002

 

Total Deduction $ 9.50

 

TheIM deduction amnt chouM be mrtpted by the hourspaidandthm deducted from ths ndpay

 

Fringe Benefits:

 

fell Pension & PPA©$ 275 S 4.95

 

Local Pension S 2.55

 

PromoSJon S 0.10

 

IMI $ 1.02

 

Local 7 TraininflFund 5 0.01

 

Annuity S 9.05

 

Wedere S 1620

 

Retiree Welfare S 1.40

 

Supplemental S 200

 

Total Fringe Benefits $ 3728

 

Total Pactafle 5 102.18 IS 102181$ 103.48 S 103.481$ 104.481$ 10588 1 $ 10848 1 $ 107.48 1$ 108.481$ 109.48

 

Total Benefits and Deductions Oue

 

Slra^ $ 48.78

 

Time and 5% (SCA) S 48.69

 

Tire and 10* (LGA PLA) $ 50.60

 

Tune end 15% (LGA PLA) 5 5250

 

Raw and a Quarter S 56.32

 

Time and a Half $ 65.86

 

Doubls S 84.94

 

ELLON’S PAID AT HOURSPAI BLUE ISPAD ATHOURS WORKED

 

For a schedule of holidays and hours of overtime please refer to the Coltectivo Bargaining Agreement

 

Ptease remit via the CRS eystem or mall to Daniel H.Cook Aasodatas, 1040 6th Avenue New YorkNY 100TB 24th Fl. Please make checks payable to Local 7 Clearing Account.

 

Effective OHS

 

TILE SETTER

 

ZONE 3ft; ORANGE, PUTNAM suLliVANJILSIfiB.dutches?CQymrES IHNY

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO. 7 OF NEW YORK & NEW JERSEY

 

4534 COURT SQUARE ,LONG ISLAND CITY. NEW YORK 11101 PHONEpi8) 786-7648 FAX (718) 472-2370

 

WAGE ALLOCATIONS FOR COLLECTIVE BARGAINING AGREEMENT JUNE2 2025 – JUNE 1, 2031

 

IncraasaDua 3 050 $ 0.80 $ 1.12 S 1.13 S 1.24 S 1.24 $ 1.24 $ 1.24 $ 1.35 $ 1.35 $ 1.35 S 1.35

 

Hourly Wages $ 5852

 

Vacation S 4.10

 

Local Oues Chee* 0(11 $ 1.82

 

LocalDues Check Off 2 $ 1.14

 

Inn Dues Chedt Off $ 081

 

BAC. PAC. $ 0.03

 

Local PAC. $ 0.01

 

Defense Fund $ 0.10

 

Bukfng Fund $ 0.02

 

Total Deductions $ 8.13

 

The total deduction amount should bo mutipfiod by Via bom pad end then deducted tom toendpay

 

Fringe Benefits:

 

Inti Pension IPPAft $1.50 $ 270

 

Local Pension S 255

 

Promotion $ 0.10

 

IMI S 091

 

Local 7 Training Fund $ 0.01

 

Armully $ 6.70

 

Welfare $ 1020

 

Retires Welfare $ 1.40

 

Supptemcnlal S 1.85

 

TotalFringe Benefits $ 3242

 

Total Package S 90.94 1 81.84 |S 9298 $ 94.091$ 95331$ 98.57 | $ 97.811$ 99.051$ 100.40 $ 101.75 $ 103.10 5 104.45

 

Total Benefits and Deductions Oue

 

swt S 40.55

 

Time and a Quarter $ 48.12

 

ThnHBndaHatf S 57.70

 

Double t 7434

 

ELLOWtS PAID AT HOURS PAID BUIE IS PAID AT HOURS WORKED

 

Fora schedule of holidays andhours of overtime please refer to the CoOedlvo Bargaining Agreement

 

Plena remit vis the CRS system or null to Daniel H. Cook Associates. 1040 6th Avenue Naw York NY 1001824thFl Please mahachecks payable toLocal7Clearing Account

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO.7 of NEW YORK & NEW JERSEY

 

4S-S4 COURT SQUARE, LONG ISLAND CTTY. HEW YORK 11101 PHONE (7181786-7848 FAX (TIB} 471-2370

 

EFFECTIVE: JUNE 2, 2025

 

TILE APPRENTICE

 

Includes: 5 boroughs of NYC, Long Island, Westchester, Putnam, Rockland & Orange Counties In New York

 

Monmouth. Middlesex. Hunterdon. Sommaroot Mercer. Warren, Sussex. Essex, Union, Hudson. Bergen. Passaic, end Morris Counties In New Jersey

 

FRINGE BENEFITS:

 

APPRENTICE PERCENTAGE 35% 40% 50% 55% 60% 85% 70% 75% 80% 100%

 

REQUIRED HOURS O-TSO 781-1500 1501-2250 22514000 30014750 3751-4500 450152SO 5231-6000 6001-7000 7G01-7500

 

HOURLY WAGES S 2234 8 HIM 3 3456 3 3938 3 4333 3 4196 3 50.89 3 5179 3 5138 i tw

 

VACATION S 1.82 S 208 3 260 S 288 3 3.12 3 138 3 364 3 ISO 3 4.16 3 5.20

 

LOCALOUES CHECK OFF 1 $ 072 3 083 3 1.04 3 1.14 3 1.24 3 1.35 3 1.45 3 1.55 3 1.68 3 207

 

LOCAL OUES CHECK OFF 2 3 045 3 0.52 3 065 3 071 3 0.77 3 0.84 3 0.90 3 0.97 3 1.03 3 1.29

 

INH.DUES CHECK OFF $ 0.38 3 0.41 3 0.52 3 0.57 3 0.62 3 0.67 3 0.72 3 0.77 3 0.82 5 1.03

 

SAC. PAC. J 001 3 0.01 3 0.01 3 0.01 3 0.02 3 002 3 0.02 3 102 S 0.02 3 0.03

 

LOCAL PAC $ 3 3 0.01 3 0.01 3 001 5 0.01 3 001 3 0.01 3 0.01 3 0.01

 

DEFENSE FUND $ 0.04 3 0.04 3 0.05 3 0.06 3 0.08 3 007 3 0.07 3 0.08 3 0.08 3 0.10

 

BUILDING FUNO 3 0.01 3 0.01 3 001 3 0.01 3 0.01 3 0.01 3 001 3 0.02 3 0.02 $ 0.02

 

TOTAL DEDUCTIONS 3 141 3 3.90 3 469 3 5.37 3 5.85 3 135 3 8.82 3 7.32 3 7.80 3 9.75

 

tnlamssonal Pension & PPA 3 0.40 3 0.40 3 0.40 3 0.40 3 0.82 3 082 3 1.20 3 1.20 3 120 3 4.95

 

LOCAL PENSION 3 • 3 • 3 • 3 • 3 • 3 • 3 • S • 3 2.65 3 255

 

PROMOTION FUNO 3 0.04 3 0.04 3 0.05 3 0.08 3 0.06 3 0.07 3 0.07 3 0.08 3 028 3 0.10

 

IMI 3 0.36 3 0.41 3 0.52 3 0.57 3 0.62 3 0.67 3 0.72 3 0.77 3 082 3 1.03

 

LOCAL 7 Training Fund S • 3 • 3 0.01 3 0.01 $ 0.01 S 001 3 0.01 3 0.01 3 0.01 3 0.01

 

ANNUITY 3 • 3 • 3 1.00 3 1.00 $ 200 3 300 3 4.00 3 4.00 3 200 3 1100

 

WELFARE 3 1100 3 13.00 3 1420 3 1420 5 1420 S 14.20 3 142D 3 1420 3 15.20 3 1120

 

RETIREE WELFARE 3 • 3 • 3 0.40 3 0.40 3 0.40 3 040 3 0.40 3 0.40 3 1.40 3 1.40

 

SUPPLEMENTARY FUND 3 • 3 • 3 0.50 3 0.50 3 0.50 5 1.00 3 1.00 3 1.00 3 1.00 3 200

 

TOTAL FRINGE BENEFITS 3 13.80 3 13^5 3 17J8 3 17.14 3 18.61 3 20.17 3 21.60 3 21.66 3 24.26 3 38.24

 

TOTAL PACKAGE 3 38.14 $ 41.31 3 51£4 3 5180 3 8128 3 67.13 3 7229 3 77.45 3 8262 3 10127

 

Total Benefits and Deductions Due

 

Straight 3 1721 S 17.75 3 21.97 3 2251 3 2446 3 26.52 3 28.42 3 28.98 3 3206 3 47.99

 

Time and 5% (SCA) 3 1803 3 1860 3 23.02 3 23.58 3 25.61 3 27.77 3 29.74 3 30.33 3 3143 3 49.96

 

Time and 10% IGA PLA 3 18.85 5 19.44 3 24.07 3 24.66 3 26.76 3 29.02 3 31.06 3 31.67 3 34.80 S 51.93

 

Timo and a 15% LGA PLA 3 19.87 3 20.29 3 25.12 3 25.73 3 27.90 3 30 28 S 3238 S 33.02 3 36.17 3 53.89

 

Time and Quarter 3 21.31 3 21.98 3 27.22 3 27.88 5 3010 3 3276 3 35.03 3 35.71 3 38.91 3 57.83

 

TEno and Haff S 25.42 5 2620 3 3247 3 33.25 3 35.94 3 39 00 3 41.64 3 4245 3 45.77 3 67.67

 

Double Time 3 33 62 5 34.65 3 4297 3 43.99 3 47.42 3 51.48 3 54.85 3 55.91 3 59.47 3 87.35

 

YELLOW ISPAID AT HOURS PAID BLUE ISPAID AT HOURS WORKED

 

For a schedule of holidays and hours of overtime please refer to the Collective Bargaining Agreement

 

Please remit via the CRS system or mallto Daniel H. Cook Associates,1040 Sth Avenue New York NY 10019 24thFl. Pleasemake Chech payable tnLocal 7 Clearing Account

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO.7 of NEW YORK & NEW JERSEY

 

45-34 COURT SQUARE, LONG ISLAND CITY, NEW YORK 11101

 

PHONE (718) 786-7648 FAX (718) 472-2370

 

Tile, Marble, and Terrazzo Apprentice Rates

 

EFFECTIVE:JUNE 3, 2025 – JUNE 1, 2026

 

SULLIVAN, ULSTER AND DUTCHESS IN NEW YORK

 

BURLINGTON, ATLANTIC, CAPE MAY, CUMBERLAND, CAMDEN, GLOUCESTER, SALEMIN NEW JERSEY

 

APPRENTICE PERCENTAGE 40% 45% 50% 55% 60% 65% 70% 75% 80% 90% 11

 

REQUIRED HOURS 0-750 751-1500 1501-2250 251-3000 3001-3750 3761-4500 4501-5250 5251-6000 6000-6750 6751-7500 7

 

HOURLYWAGES 3 21-31 $ 2176 $ 2732 $ 3209 $ 35.13 $ 39.09 $ 4267 $ 48.14 $ 47.59 $ 51.76 $

 

VACATION $ 1.60 $ 1.80 5 200 $ 220 $ 240 $ 260 5 280 $ 3.00 $ 3.20 3 3.60 3

 

LOCAL DUES CHECK OFF 1 5 0.72 $ 081 $ 0.91 $ 1.00 $ 1.09 $ 1.18 $ 127 3 1.36 3 1.45 3 1.63 $

 

LOCAL DUES CHECK OFF 2 $ 0.45 $ Oil $ 0.57 $ 0.62 $ 068 5 0.73 $ 0.79 3 0.85 $ 0.90 5 102 3

 

INTL DUES CHECK OFF 3 036 $ 041 3 0.45 $ 0.50 $ 054 S 0.59 $ 0.63 $ 068 $ 0.72 5 0.81 J

 

BAC. PAC. $ 0.01 $ 0.01 $ 0.02 $ 0.02 $ 002 3 0.02 $ 002 $ 0.02 $ 002 3 0.03 5

 

LOCALPAC S $ $ 0.01 $ 0.01 $ 0.01 $ 0.01 3 0.01 $ 0.01 $ 0.01 3 0.01 $

 

DEFENSE FUND $ 0.04 $ 005 $ 0.05 $ 008 $ 006 3 0.07 5 0.07 $ 008 $ 0.08 3 009 $

 

BUILDINGFUND $ 0.01 S O01 5 0D1 $ 001 $ 001 3 0.01 3 0.01 $ 0.02 $ 002 5 0.02 $

 

DEDUCTION FROM KET PAY $ 3.1B $ 3.50 $ 4.02 $ 4.42 $ 481 $ 121 $ 160 $ 6.02 $ 6.40 $ 7-21 $

 

FRINGE BENEFITS:

 

[TOTAL PACKAGE |$ 36.13 | $ 40.64 | $ 45.16 1I 49.68 [ $ 54.19 1 S 58.71| $ 6321$ 67.74 1 S 72-26 | S 81.29 1 $

 

INTL PENSION 8PPA 3 0.40 5 0.40 3 0.40 s 0.40 3 082 3 082 $ 1.20 3 120 3 1.67 3 1.67 $

 

LOCAL PENSION $ • 3 • 3 • $ 3 $ • $ $ • 3 265 3 255 $

 

PROMOTION 3 006 3 0.07 3 0.08 3 008 3 0.09 $ 0.10 3 0.11 5 0.11 3 0.12 3 0.14 $

 

IMI 3 0.38 3 0.41 3 045 3 050 5 054 3 0.59 5 0.63 $ 0.68 3 0.72 5 0.81 $

 

LOCAL 7 TRAINING FUND 3 • 3 • 3 0.01 3 0.01 $ 0.01 $ 0.01 3 0.01 3 0.01 3 0.01 $ 0.01 $

 

ANNUITY 3 • 3 • 5 1.00 3 1.00 5 200 5 250 3 3.00 3 4.00 3 200 $ 6.75 5

 

WELFARE $ 14.00 3 14.00 5 15.20 3 15.20 3 1520 5 1520 $ 15.20 3 15.20 3 1620 3 1620 $

 

RETIREE WELFARE 3 • 3 • 3 0.40 3 0.40 3 0.40 3 040 3 0.40 3 0.40 3 1.40 3 1.40 $

 

TOTAL FRINGE BENEFITS $ 14^2 $ 1458 $ 17.54 $ 1759 $ 19.06 3 19.82 $ 20.55 $ 21.60 $ 24.67 $ 29.53 $

 

emEHTsaoMUCTWsS |$ 18.01| $ 18A8|$ 21,56 |$ 2.01 I $ 2387 1 $ 2483 1 $ 26.15 1$ 27.62 1 $ 31.07 1 $ 36J4T$

 

Tlmeand a Quarter 3 2231 3 2288 3 26.72 3 27^7 3 29.48 3 30.66 $ 32.20 3 34.03 3 37.57 $ 44.63 3

 

Time and a Half S 26.81 3 27.28 $ 31.68 3 3253 $ 35.08 $ 36.49 $ 38.26 $ 40.44 3 44.08 3 5253 $

 

Double Time S 3570 3 3608 $ 4219 3 4105 J 46.29 S 4615 $ 50 36 3 53.25 3 57.08 $ 68.31 3

 

YELLOW 13 PAID AT HOURSPAID | BLUES PAID AT H0UR3 WORKED | For a schedule of holidays and hours of overtime please tofef to Iha Collective Bargaining Agree,

 

Plessa remit via tho CRS system or mail to Daniel H. Cook Associates. 1040 6th Avenue New Yorii NY 10019 24th Fl. Please mate checks payable to Local 7 Clearing Account

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO. 7 OF NEW YORK & NEW JERSEY

 

45-34 COURT SQUARE. LONG ISLAND CITY. NEW YORK 11101 PHONE (718) 785-7646 FAX (718) 472-2370

 

WAGE ALLOCATIONS FOR COLLECTIVE BARGAINING AGREEMENT JUNE12025 •JUNE 1, 2031

 

TILE FINISHERS

 

ZONE 1A: MANHATTAN, QUEENS, BRONX.

 

ELLOW IS PAID AT HOURS PAS BLUE S PAID AT HOURS WORKED

 

For a schedule of hoOdsya andhoun of overtlnia plane refer to the Collective Bargaining Agreement

 

Rena remavia the CBS system or malHo DanielH.Cock AModaias, 104» 6lh Avenue Naw York NY 10018 24th Fl. Please maltochecks payable to Local7 Clearing Account

 

EI’active Dato 6/3/2025 12/1/2D25 6072026 12/7/2028 6/7/2027 12/6/2027 61512028 12/412028 6/4/2029 12/3/2029 67V3O30 12/2/ZD3Q

 

Increase Due $ 0,83 9 084 S 1.05 9 1.05 9 1.15 9 1.15 $ 1.15 9 1.15 9 1.28 S 1.26 9 1.26 3 1.26

 

Hourly Wagas 5 50.11

 

Vacation S 3.75

 

local Ouna Check Off t S 1.69

 

Local Dues Check Off 2 S 1.06

 

Infl Oues Check Off 5 0.65

 

BAC. PAC. 9 0.03

 

LocalPA.C. 5 O.01

 

Defense Fund 5 0.10

 

Building Fund $ 0.02

 

TotalDeductions 1 7.31

 

The totalMucticn mount s/xuM be muttipledtryMe hours part end then deductad tom the na par

 

Fringe Benefits:

 

Inti Pension 6 PPA ft 9 275 5 4.95

 

Local Pension 9 265

 

Promotion 9 0.10

 

IMI 5 0.85

 

Local 7 Training Fund S 0.01

 

Annuity J 6.60

 

Welfare 5 16.20

 

Retiree Wodare 5 1.40

 

Supptementel 5 1.90

 

Total Fringe Benefits 5 34.56

 

Total Package $ 84.57 9 85.51 9 88.56 9 87.61 ( 9 88.76 ] 9 89-91 9 91.06 9 9221 9 9147 9 94.73 S 93^9 9 9725

 

roti!Bowfin and DeductionsDue

 

Straight S 4207

 

Time and5% (SCA) 9 4175

 

time and 10% (LGA PLA) S 45.43

 

Uma and 15% (VGA PIA) 5 47.11

 

Tims and e Quarter 5 50.48

 

TsnaandaHNf 9 58.88

 

Double S 75.69

 

TILE FINISHERS

 

jy

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO. 7 OF NEW YORK & NEW JBTSEY

 

45-34 COURT SQUARE. LONG ISLAND CITY, NEW YORK 11101 PHONE (71ft) 786-7648 FAX (718) 472-2370

 

WAGE ALLOCATION FOR COLLECTIVEBARGAINING AGREEMENT JUNE 2. 2025 JUNE 1. 2031

 

EfiKthreOete 8/3/2025 12/1/2025

 

4-.

 

6/1/2026 12/7/2026 6/7/2027 12/6/2027 6/5/2028 12/4/2028 6/4/2)29 12/372029 ur3/3uM 12/2/2030

 

Increase Dae 4 1.30 S 4 1.30 4 4 1.00 4 1.00 4 1.00 4 1.00 4 1.00 4 1.00

 

Hourly wages 4 504»

 

Vacation $ 3.70

 

Local Dues Check OS 1 $ 1.68

 

Local Dues Check Off 2 $ 1.05

 

Inti t s Check Off 4 0.64

 

BAC, PAC. 4 0.03

 

Local PAC. S 0.01

 

ManasFund 4 010

 

Borane Fund $ 0.02

 

Total Deductions 4 IM

 

TheIM dadueflon amounlrtoUUbo muHpM by thahours pailml thenhiM kun ftenet pay

 

Fringe Benefits:

 

Inn Pension 4 PPA04275 $ 4.95

 

Local Pension S 255

 

Promotion 4 0.10

 

IMi S 0.84

 

Local 7 Training Fund S 0.01

 

Annuity S 0.00

 

Wafers $ 16.20

 

HaOreeWeUare 3 1.40

 

Supplemental S 1.85

 

Total Fringe Benefits 5 3190

 

Total Package 5 83.95 1 S 83.35 4 85.25 $ 8525 1 4 6625 4 8725 IS 8825 I 4 8925 I 4 9025 I $ 9125

 

TotalBenefits andDeductionsDue

 

StraigM 5 41.33

 

Tune and s*(SCAi S 4297

 

rime and 10% (LGA PLA) 4 44.62

 

Time aid 15% (LGA PLA) 4 46.28

 

Time and a Quarter 4 49.55

 

Dma and a Half 4 57.78

 

Double 4 7422

 

ELLOWtS PAID AT HOURS PAU BLUE ISPAID AT HOURS WORKED

 

For a schedule of holidays end hours of overtime pfaase refer to the Collective Bargaining Agreement

 

Ple«M remit via the CRS system or mallto Daniel H. Cook Associates,1040 6th Avenuo New York NY 10MB 24thFl. Please make checks payable to Local7 ClMring Account

 

EUOW IS PA1DAT HOURS PAS) BLUEBPAID AT HOURS WORKS)

 

For a schedule of hoBdsys andhours of overtime pteese refer to the CoflodhreBargaining Agreement

 

Pleaee remit vie ths CRS system er mall to Daniel H. Cook Aasodatee,10*0 6th Avenue Hew York NY 101118 24th Fl. Pteoao meh* cfieda payable to Local 7 Clearing Account

 

TILE, MARBLE & TERRAZZO BAC LOCAL UNION NO. 7 OF NEW YORK& NEW JERSEY

 

45-34 COURT SQUARE. LONG ISLAND CITY. NEW YORK 11101 PHONE (718)788-7648 FAX (718) 472-2370

 

WAGE ALLOCATIONSFOR COLLECTIVEBARGAINING AGREEMENT JUNE 2, 2028– JUNE 1, 2031

 

TILE FINISHERS

 

RANGE. PUTNAM. SUWVAN.W.£lkOlffCHI^C(l^ IN (fY

 

EffwUvaDate 6/3/2025 12/1/2025 6/1/2026 12/7/2026 877/2027 12/8/2027 6/5/2028 12/4^023 6/4/2029 12/3/2029 anno30 12/2/2030

 

lucre*® Dus S 0.76 S 0.77 3 0.95 3 0.96 8 1.05 3 1.05 $ 1.05 3 1.05 3 1.15 3 1.15 3 1.15 $ ‘ 1.15

 

HoudyWaoM 3 48.18

 

Vacation 3 2 65

 

localDues Check Off 1 $ 1.65

 

local Dues Check Off 2 $ 097

 

Inn Dues Check Off 3 0.77

 

BAC. PAC. 8 0.03

 

localPAC. * 001

 

Defense Fund s 0.10

 

Buidng Fund 8 0.02

 

fetal Deductions S 630

 

77»IM deduction amount should be multipbed bythe han paid andthen deductedIran (ho net pay

 

Fringe Benefits:

 

Inti Pension 8 PPA@ 31.50 3 270

 

local Pension $ 2.55

 

Promotion 3 0.10

 

(Ml S 0.77

 

Local 7 Training Fund 3 001

 

Annuity 3 4.00

 

Welfare 3 1620

 

Retiree Welfare 3 1.40

 

Supplemental 3 1.35

 

Total Fringe Benefits 1 29.08

 

TotalPackage 3 77.26 3 78.03 3 7893 3 79.94 3 8099 3 8204 3 8399 3 84.14 1 3 8L29 3 86.44 3 87.59 1 3 88.74

 

Total Benefits and Deductions Due

 

Straight S 3538

 

Time and a Quarter 3 4270

 

Time end 9 Had 3 50.01

 

Double 3 64.64

 

SCHEDULE “B:

 

“B-CLASSIFICATION” AGREEMENT

 

49

 

RESIDENTIAL, AFFORDABLE HOUSING, MARKET RECOVERY AND LIGHT

 

COMMERCIAL AGREEMENT

 

“B-Classification”

 

ARTICLE I

 

PARTIES

 

This Agreement (“Agreement”) is entered into this day of ,

 

20 , between (hereinafter

 

referred to as “the Employer”), and the INTERNATIONAL UNION OF BRICKLAYERS AND

 

ALLIED CRAFTWORKERS LOCAL NO. 7 of New York and New Jersey (hereinafter referred

 

to as “the Union”).

 

ARTICLE H

 

DURATION – TERMINATION – AMENDMENT

 

This “B-Classification” Agreement shall be effective from June 3, 2025 to June 1, 2031 and

 

shall continue in full force and effect and shall automatically continue yearly thereafter, unless and

 

until written notice is provided as required in Article XXX, Section 1 of the CBA.

 

ARTICLE HI

 

SCOPE OF WORK

 

(A) This Agreement shall cover projects (as defined below) within the State of New York and

 

New Jersey. All work performed under this “B-Classification” Agreement on Residential Projects,

 

Affordable Housing Projects, Light Commercial Projects, and Minor Interior Renovation Projects

 

shall be performed at the “B-Classification” Tile Setter Rate and standard Tile Tender Rate by “BClassification” Tile Setters and standard Tile Tenders, respectively; provided, however, that the

 

“B-Classification” Tile Setter Rate shall not apply to any project which is governed by a PLA,

 

where the Local 7 Benefit Funds have an investment in the project (for example, Cirrus Workforce

 

Housing), projects with wage requirements that exceed the “B-Classification” Tile Setter Rate, or

 

where a job is designated by an owner, developer, or general contractor to be a union job. Effective

 

June 2, 2025, the “B-Classification” Tile Setter Rate shall receive all total economic package

 

increases outlined in the main Trade Agreement.

 

(B) Residential Projects are defined for the purpose of this “B-Classification” Agreement as

 

projects involving the construction, alteration and/or repair of a structure or structures in which a

 

person or’ persons reside, such as a single-family home, tract housing, duplex, townhouse,

 

apartment building, condominium building, or hotel, of no more than fifteen (15) stories in height

 

or as classified by the Department of Housing and Urban Development (“HUD”) as a residential

 

building. For a project to constitute a Residential Project for the purposes of this “BClassification” Agreement, there must be a bid of less than $700,000.00 for labor costs at the

 

project.

 

50

 

(C) Light Commercial Projects are defined for the purpose of this “B-Classification”

 

Agreement as work in connection with the construction, alteration and/or repair of commercial

 

buildings limited to restaurants, strip malls, gas stations, convenience stores, car dealerships, or

 

motels with a bid of less than $400,000.00 for labor costs at the project. Other similar work with

 

a bid of less than $400,000.00 for labor costs at the project may be designated as Light Commercial

 

Projects but only upon prior written agreement with the Union.

 

(D) Tile Tenders may be employed on Residential Projects, Affordable Housing Projects,

 

Light Commercial Projects, and Minor Interior Renovation Projects as defined in this “BClassification” Agreement.

 

On “B-Classification” work, one hundred (100%) percent of the work force shall be furnished by

 

the Employer consisting of newly organized employees. Such employees must apply for

 

membership to the Union within seven (7) days of his/her initial hire.

 

(E) White box units in luxury condos, bid as single unit jobs, shall be considered to be single

 

family homes subject to the “B-Classification” rate. White box units refers to single apartments

 

in buildings which already have a Certificate of Occupancy.

 

(F) Affordable Housing Projects are defined for the purpose of this Agreement as work in

 

connection with the construction, alteration or repair of affordable housing projects with a 70/30

 

(market value/affordable housing) requirement or more.

 

(G) All other assignments that are approved by the Union through a Market Recovery

 

application submitted by the Employer.

 

(H) This “B-Classification” Agreement shall cover all work performed by Tile Setters and

 

Tile Finishers listed in this CBA under Article III, Section 1 except as modified herein.

 

(I) Minor Interior Renovation Projects are defined for the purpose of this “B-Classification”

 

Agreement as interior office fit-out renovations with a bid of less than $30,000.00 for labor costs

 

at the project. For a project to constitute a Minor Interior Renovation project, “B-Classification”

 

Tile Setters and standard Tile Tenders working on the project may not install floating mud walls

 

or scaffolds over eight feet.

 

ARTICLE IV

 

WAGES

 

Employers may request permission to use the above wage rates on a project-by-project basis

 

which exceed the limitations contained in paragraphs III.B and III.C above. The Union has the

 

absolute and sole right to either approve or deny such request.

 

“B-Classification” Tile Setters shall not be prohibited from applying to the Apprentice

 

Program or advancing to full Joumcyperson Tile Setter or Tile Finisher status. The parties have

 

agreed to establish this secondary wage rate in an effort to recapture market share. This is a new

 

program that will require the Association and Independent Employer to sign the standard CBA, as

 

51

 

well this separate Agreement. The program will be strictly monitored by both parties. Violations

 

of the new program will result, after Trade Board hearing, in reimbursement of wages and benefits,

 

as well as fines being levied. The parties agree to further discuss this issue through the Joint LaborManagement Committee.

 

UN1QN:

 

By: William Hill, President

 

DATE: iriZ’olb^

 

TILE ASSOCIATION:

 

DATE: U ‘ LO-2.0

 

52

 

SCHEDULE “C”

 

Standards of Excellence

 

53

 

STANDARDS OF EXCELLENCE

 

The purpose of theseStandards of Excellence is to reinforce the pride of every construction

 

worker and the commitment to be the most skilled, most productive and safest workforce available

 

to construction Employers and users in the City of New York. It is the commitment of every

 

affiliated Ipcal union to use our training and skills to produce the highest quality work and to

 

exercise safe and productive work practices.

 

The rank-and-file members represented by the affiliated local unions acknowledge and adopt

 

the following standards:

 

> Provide a full day’s work for a full day’s pay;

 

> Safely work towards the timely completion of the job;

 

> Arrive to work on time and work until contractual quitting time;

 

> Adhere to contractual lunch and break times;

 

> Promote a drug and alcohol-free work site;

 

> Work in accordance with all applicable safety rules and procedures;

 

> Allow union representatives to handle job site disputes and grievances without resort to

 

slowdowns, or unlawful job disruptions;

 

> Respect management directives that are safe, reasonable and legitimate;

 

> Respect the rights of co-workers;

 

> Respect the property rights of the owner, management and contactors.

 

The Unions affiliated with the New York City Building and Construction Trades Council will

 

expect the signatory contractors to safely and efficiently manage their jobs and the unions see this

 

as a corresponding obligation of the contractors under these Standards of Excellence. The affiliated

 

unions will expect the following from its signatory contractors:

 

> Management adherence to the collective bargaining agreements;

 

> Communication and cooperation with the trade foremen and stewards;

 

> Efficient, safe and sanitary management of the job site;

 

> Efficient job scheduling to mitigate and minimize unproductive time;

 

> Efficient and adequate staffing by properly trained employees by trade;

 

54

 

> Efficient delivery schedules and availability of equipment and tools to ensure efficient job

 

progress;

 

> Ensure proper blueprints, specifications and layout instructions and material are available

 

in a timely manner;

 

> Promote job site dispute resolution and leadership skills to mitigate such disputes;

 

> Treatment of all employees in a respectfill and dignified manner acknowledging their

 

contributions to a successful project.

 

The affiliated unions and their signatory contractors shall ensure that both the rank-and-file

 

members and the management staff shall be properly trained in the obligations undertaken in

 

these Standards of Excellence.

Categories: