Wall Ceiling DC9 Painters CBA 5.1.2019 thru 4.30.2024

TRADE AGREEMENT between DISTRICT COUNCIL NO 9 INTERNATIONAL UNION OF PAINTERS and ALLIED TRADES AFL C1O and the ASSOCIATION OF MASTER PAINTERS and DECORATORS OF NEW YORK INC and THE ASSOCIATION OF WALL CEILING CARPENTRY INDUSTRIES OF NEW YORK INC and THE DRYWALL TAPING CONTRACTORS ASSOCIATION OF GREATER NEW YORK and THE WINDOW AND PLATE GLASS DEALERS ASSOCIATION May 1 2019 through April 30 2024 Table of Contents Page JURISDICTION RECOGNITION SCOPE OF WORK l Maintenance Work 2 Maintenance Rates 2 TERRITORIAL JURISDICTION 3 OBLIGATIONS OF THE PARTIES 3 Supremacy Clause 4 NonDiscrimination 4 Whistleblowcr Protection 5 Union Member NonCompete 5 HIRING PROCEDURES 6 Three Hundred Fifty Hour Rule 6 OwnerMember Rule 6 WAGES JOURNEYPERSONS 6 Building OwnerManager Utilizing Association Member 9 Wages Drywall Finishing Rates 9 Allocation of Economic Package 9 New York City Earned Sick and Safe Time Act Waiver I 0 W allcovering l 0 Layoffs 10 Foremen 11 COST OF LIVING ADJUSTMENT 11 WORKING CONDITIONS 12 Standard Work Week 12 OVERTIME AND OVERTIME PERMITS 13 Holidays 13 Overtime Violations 14 ASSOCIATION UNION COMMUNICATION 14 OUT OF JURISDICTION WORK 14 JURISDICTIONAL WORKRULES 14 Out of Jurisdiction Work 14 APPRENTICE REGULATIONS 15 Wages Apprentices 15 Wallcoverer Apprentice Bills 17 Apprentice Ratio 17 PAYMENT OF WAGES 18 JOB STEWARDS 19 Removal of Job Stewards 19 48Hour Hearings 19 Use of NonUnion Employees 19 NonPayment or Shortage of Wages or Fringe Benefits 20 SHOP STEWARDS 21 Annual Payroll 21 Removal of Shop Stewards 21 Duties 21 Shop Steward Reports 21 TIME FOR STEWARDS DUTIES 22 STEWARDS COMMITTEE 22 JOB REGISTRATION 22 UNION REPRESENTATIVES 23 GRIEVANCES AND DISPUTES EMPLOYEES 23 JOINT TRADE COMMITTEE AND JOINT TRADE BOARD 24 Joint Trade Committee 24 Joint Trade Board 24 Procedures 25 RULES AND REGULATIONS 25 Arbitration Hearings 26 Hearing Procedures 26 Awards 28 Fines and Penalties 28 Schedule of Fines 29 STRIKES AND LOCKOUTS 31 SUBCONTRACTS 32 USE OF SPRAY AND PASTE MACHINES 33 f HEALTH AND SAFETY GENERAL PROVISIONS 33 Protective Equipment 34 Security and DrugAlcohol Tests 34 HEALTH AND SAFETY RULES 34 Uniforms 35 Injuries 35 Scaffolds 36 OSHA Training 36 INSURANCE 36 FRINGE BENEFIT CONTRIBUTIONS 36 Electronic Voucher System 38 Remittance Reports 38 Shop Steward Reports 39 Violations 39 lUPAT Pension Fund 39 Finishing Trades Institute of New Yark and IUPA T Finishing Trades Institute 40 Painting Industry Insurance Fund 41 Painting Industry Annuity Fund 42 Finishing ndustries LaborManagement Partnership 43 District Council No 9 Political Action Together Political Committee 43 Check Off of Administrative Dues 44 Industry Promotion Funds 45 ENFORCEMENT OF ARTICLE XX 47 Payments 4 7 Penalties 49 BONDS DAMAGES FEES AND INTEREST 49 Trust Fund Hearing 5 I CONDITIONS 52 Most Favored Nations Clause 52 JURISDICTIONAL DISPUTES 52 NATIONAL LABOR RELATIONS ACT 52 SAVINGS CLAUSE 53 WALLCOVERERS PRICE LIST AND GENERAL REGULATIONS 53 Wages and BenefitsDivisor 53 General Wallcoverer Regulations 54 Daily Timesheets 54 Foremen 56 Wallcoverers Price List 58 Quantity Discounts 62 Paste Machine 62 National Pension and Fringes 63 Paperhanger Hourly Rate 63 DURATION OF AGREEMENT 64 SIGNATURE PAGE 65 INDEX 67 AGREEMENT hereinafter designated as the Trade Agreement dated this first day of May 2019 by and between the Association of Master Painters and Decorators ofNew York Inc The Association of Wall Ceiling Carpentry Industries of New York Inc the Drywall Taping Contractors Association of Greater New York in those counties andor areas within the jurisdiction of the Union and not in the jurisdiction of any other union and the Window and Plate Glass Dealers Association for purposes of participation in the Benefit Funds only herein jointly referred to as the Associations and District Council No 9 International Union of Painters and Allied Trades IUPAT AFLCIO hereinafter designated as the Union WHEREAS the Parties hereto desire to establish wages and other terms and conditions of employment upon which Joumeypersons and apprentices shall work for members of the Associations it being agreed that the word JOURNEYPERSON shall mean all employees described by the IUP AT General Constitution Section 6 issued January 1 2015 or one who has completed one of the approved apprenticeship programs provided for herein NOW THEREFORE the Parties hereto agree as follows JURISDICTION RECOGNITION SCOPE OF WORK Art I Sec 1 The Associations and all their members and all other Employers who hereafter become signatories to this Trade Agreement recognize acknowledge and agree that the Union is the exclusive representative for the purpose of collective bargaining within the meaning of Section 9a of the National Labor Relations Act and that the Union has demanded recognition as such and has demonstrated through the use of authorization cards executed by a majority of the Association members bargaining unit employees that it possesses the support of a majority of all employees of the Associations members wherever such employees may be employed in the following classifications of work all work described by the INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES General Constitution section 6 issued January 1 2015 The Union recognizes that the Associations because of their size and the nature of their membership in the painting and related industries ofNew York City Westchester Putnam Nassau and Suffolk Counties is the principal bargaining representative for ail Employers working in the industries with whom the Union negotiates collective bargaining agreements and any extensions or renewals thereof The Union shall give principal recognition to any successor association to the Association during the life of this Trade Agreement which i may be established ii is affiliated with a national association whose members employ union employees only and iii represents Employers in the same industries for which the Union negotiates collective bargaining agreements for work performed in the territorial jurisdiction defined in Art I Section 5 of this Agreement and any additional area the Union may be awarded by the IUPAT General Executive Board Art I Sec 2 This Trade Agreement shall apply to all work involved in or related to the Painting and Protective Coatings Industry which includes all finishes drywall finishing skim coating prepping application of wall coverings including fabric panels decorative work finishing and refinishing of all materials including and not limited to all wood products plastering preparatory to painting Forbo corking and all coating staining and finishing of floors and toppings and all other work referred to in Section 6 the IUPAT General Constitution issued January 1 2015 or which the General Executive Board of the IUPAT puts into the work jurisdiction of the Union This Trade Agreement will also include all work related to rigging fireproofing fire retarding including but not limited to all intumescent paints thermal coatings surface preparation and cleanup of any kind as well as lead abatement and glazing This Trade Agreement shall be specifically applicable to the application of photo luminescent or other illuminated material including but not limited to those materials installed for the purpose of establishing exit path markings and exit signs Art I Sec 3 The Union shall provide the Association a first look to bid on work where it has identified such work from developers and the Finishing Solutions Network FSN Art I Sec 4 The Union agrees for the life of this Trade Agreement not to sign any agreements through Local Union No 1456 or otherwise for direct hire of its members unless there is no other way to protect its labor standards Before agreeing to such a request the Union agrees to refer any request of this type to the Joint Trade Board The purpose of this referral is to allow an Association Employer the timely opportunity to bid and perform the work required by the user with Union members The Union will not sign an agreement directly with any employer until after this review process by the Joint Trade Board The review process must be timely instituted within 24 hours to allow the Union to maintain its established standards This provision does not pertain to traditional maintenance agreements or to direct hire contracts signed prior to this Trade Agreement where the Union retains the sole right to make the final determination When the Joint Trade Board does agree to permit a maintenance agreement the terms and conditions of that agreement must be provided to the Association The Union also shall provide the Association with access to all existing maintenance agreements whether signed by the Union or an Employer All maintenance work whether performed by an Employer or through a direct hire contract with the Union through Local 1456 or otherwise shall be performed at a rate of eighty percent 80 of the joumeyperson package with a fiftytwo 52 week guarantee and employees can work in multiple buildings where such buildings have the same owner or managing agent assuming the Employer provides a list of such buildings to the Union as soon as is practicable The Association Employer shall have the right to reject any applicant for employment provided that on any job organized solely by District Council No 9 50 of the employees on that job shall be supplied by District Council No 9 2 TERRITORIAL JURISDICTION Art I Sec 5 The territorial jurisdiction of this Trade Agreement shall include all areas in the New York Greater Metropolitan Region Brooklyn Queens Bronx Manhattan Staten Island Nassau Suffolk Westchester and Putnam counties and all such areas authorized by the 1UPAT General Executive Board OBLIGATIONS OF THE PARTIES Art I Sec 5a Mutual Good Faith The Association obligates itself and all its members and the Union obligates itself and all its members that they and each of them will in good faith live up to and conform with all the provisions of this Trade Agreement and to all rules regulations requirements and all procedures promulgated under and pursuant to the terms of this Trade Agreement provided however that the Association shall not be obligated to take any action to require compliance with the terms of the Trade Agreement on the part of any person or firm which has been expelled from or has resigned from the Association except as a prerequisite for the reinstatement of such member If any Association Employer is expelled or resigns from the Association for any reason the Employer will without further negotiation cease being bound to this Association Trade Agreement and will instead be bound to the Independent Trade Agreement Each Association will be responsible for securing each of their members agreement to this effect either through a written acknowledgment or through amendment to the Associations application Each Association shall provide copies of such acknowledgment to the Union Art I Sec 5b Past Performance Clause Except as otherwise provided in this Trade Agreement the Associations and their members agree that all conditions of employment relating to wages hours of work overtime differentials and general working conditions shall be maintained at no less than the highest standards in effect at the time of the signing of this Trade Agreement and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Trade Agreement Art I Sec 5c Just Cause Clause Although work in this industry is on a job tojob basis no employee may be discharged or laidoff by any Association Employer except for just cause All grievances arising under this section shall be referred to the Joint Trade Committee as provided in Art XIII Section 1 Art I Sec 5d Supremacy Clause The Associations and their members agree not to enter into any agreement or contract with their employees covered under this Trade Agreement individually or collectively which in any way conflicts with the terms and provisions of this Trade Agreement Any such agreement shall be null and void Art I Sec Se NonDiscrimination Neither party to this Trade Agreement shall discriminate against any employee with respect to employment by reason of union membership or race religioncreed color sex gender including gender identity and sexual harassment pregnancy age national origin disability sexual orientation immigration or citizenship status credit history salary history predisposing genetic characteristics arrest or conviction record military status unemployment status caregiver status marital status partnership status or status as a victim of domestic violence stalking and sex offenses or any other characteristics protected 3 by federal state or local law As applicable and appropriate covered Association Employers will comply with the federal Family and Medical Leave Act Art I Sec St Union Security All present employees who are members of the Union on the effective date of this Trade Agreement or on the date of execution of this Trade Agreement whichever is later shall remain members of the Union in good standing as a condition of employment All present employees who are not members of the Union and all employees who are hired hereafter shall become and remain members in good standing of the Union as a condition of employment on and after the eighth day following the beginning of their employment or on and after the eighth day following the effective date of this Trade Agreement or on or after the eighth day following the date of execution of this Trade Agreement whichever is later No provision of this Article shall apply in any state to the extent that it may be prohibited by state law If under applicable state law additional requirements must be met before any such provision may become effective such additional requirements shall be first met Art I Sec Sg If any provision of this Article is invalid under the law of any state wherein this Trade Agreement is executed such provision shall be modified to comply with the requirements of state law or shall be renegotiated for the purpose of adequate replacement If such negotiations shall not result in mutually satisfactory agreement either party shall be permitted all legal or economic recourse Art I Sec Sh In those instances in which Article I Section 4f may not be validly applied the Association Employer agrees to recommend to all employees that they become members of the Union and maintain such membership during the life of this Trade Agreement to refer new employees to the Union representative and to recommend to delinquent members that they pay their dues since they are receiving the benefits of this Trade Agreement Art I Sec Si The Associations shall sign this Trade Agreement on behalf of their members Art I Sec Sj The Joint Trade Board and not the Joint Trade Committee shall have full authority to modify the terms of this Trade Agreement and to pinpoint maintain andor organize work covered under this Trade Agreement for the life of this Trade Agreement with respect to market recovery and other relief work organizing work repaint recovery and maintenance of work The Union and the Associations agree to enter into a separate collective bargaining agreement the jurisdiction of which will encompass the recovery of work historically performed by nonunion contractors and maintenance of work Employers wishing to take advantage of the provisions of market recovery and other relief provisions shall make application to the Joint Trade Board whom shall generally approve such applications and shall not unreasonably withhold its approval The Joint Trade Board however may withhold approval where it finds there is a reasonable basis to believe that the application of this provision will not materially advance the interests of the industry eg where another discount has already been provided If other trades on the job have agreed to a concession the Joint Trade Board will take that into consideration upon an application for relief under this Agreement If the Joint Trade Board deadlocks on whether to grant approval the Employer may request that the Joint Trade Board submit the request to arbitration Upon receipt of such request the Joint Trade Board shall promptly submit such grievance or dispute to arbitration 4 pursuant to the Labor Arbitration Rules of the American Arbitration Association AAA The decision of the AAA arbitrator shall be final and binding Art I Sec 5k The Union and the Association recognize that the use of nonunion labor threatens our industry and that it is in their mutual interest to identify those situations in which the Trade Agreement is being violated in this manner Thus consistent with the requirements of Art IX Section lCd the Parties agree that THERE SHALL BE NO RETALIATION AGAINST ANY EMPLOYEE WHO PROVIDES INFORMATION CONCERNING POTENTIAL VIOLATIONS OF THIS TRADE AGREEMENT Art I Sec 6 All Parties agree that if a Building and Construction Trades Council negotiates a Project Labor Agreement for work also covered by this Agreement the Project Labor Agreement shall supersede this Agreement in any instance of a conflict between the two Art I Sec 7 Each Association Employer shall provide to the union a completed District Council No 9 Application and Disclosure Form and as appropriate individual partnership or corporate verification Art I Sec 8a Members of the Union may not compete against Employers as nonsignatory contractors or otherwise while directly or indirectly collecting benefits under the terms of this Agreement Art I Sec 8b Members of the Union are prohibited from creating a nonunion painting andor wallcovering company HIRING PROCEDURES Art II Sec 1 The Employer shall be free to seek referrals of applicants for employment as Joumeypersons from the Union or from any source However no Employer shall seek to hire through an employment agency Art II Sec 2 Both the Employer and the Union shall to refer Apprentices for employment in accordance with the New York State Department of Labor rules The Employers shall hire Apprentices only through the Union Art II Sec 3 Any Employer hiring a Joumeyperson who is not a member of DC 9 shall first report in writing the name address and social security number of each employee to the Union prior to the commencement of employment and the nonunion Joumeyperson shall before commencing work register with the Union Apprentices shall be hired and transferred in accordance with this Agreement and as defined in the Apprenticeship curriculum No current member of the Union will be required to work on any Organizing Work Market Recovery or Maintenance of Work However a current member of the Union may work on these jobs if heshe agrees to be referred to this work by the hiring Employer or the Union When working within the jurisdiction of this Agreement the hiring Employer shall report the hiring of a nonunionjoumeyperson to the Union prior to the commencement of employment As an additional condition of hiring a worker from outside the Union the hiring Employer shall guarantee said worker their first five hundred 500 hours of continuous employment asa Bargaining Unit Member 5 Art II Sec 4 Any JOURNEYPERSON who is also an owner of a Signatory Employer shall guarantee and provide contributions to all Article XX fringe benefit funds for him or herself in an amount of at least 52 weeks per year and 35 hours per week for the duration of this Trade Agreement provided that the rate of contributions shall be the full scale rate and not the maintenance market recovery other relief or any other reduced rate An owner shall be defined as an individual with any ownership interest or in actual control of the Signatory Employer The payment of any Article XX contributions on behalf of such owner shall be conclusive proof that the owner is a JOURNEYPERSON covered under this Trade Agreement and will subject the Signatory Employer to liability hereunder for such owner WAGES Art III Sec 1 The Employers agree that it is in the interest of all to utilize the prevailing rate The prevailing wage rates for JOURNEYPERSONS covered under this Trade Agreement but not wallcoverers or glaziers refer to wallcoverers and glaziers addenda shall be as follows 20192020 222 20202021 222 20212022 210 20222023 222 20232024 210 The Parties agree that the first years painters raise will be allocated as follows HW 025 OMA 010 FTI 010 VAC 075 Annuity 052 Wage 050 Painters Spray Scaffold 5120194302020 Motorized Manlifts Decor Sandblast Rate Wages HW Pension Annuity Vacation JATFDC9 JATFIUBAT Base Rate 4600 1122 1020 552 500 045 010 6 Overtime Rate 6900 1122 1020 828 750 045 010 LMP 010 010 PAT 005 005 OMA 015 015 Promo 040 040 Total Benefit Package 3319 3845 Total Taxable 5120 7670 Dues Checkoff 230 345 1 Hr 3549 4190 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny Art III Sec 2 Where the building owner andor building manager has put into the building rules and regulations that it will utilize members of the Association of Master Painters there shall be no overtime for shift work on projects where the total square feet of the project is less than 5 0 of the buildings total square feet or there are no more than three 3 trades working on the project or the project entails the alteration of retail locations including without limitation bank branches and retail stores On all such Interior Construction projects the first shift shall start between 6 am and 9 am absent a change in times in accordance with this Agreement The second shift shall start after the end of the first shift and the third shift shall start after the second shift subject to different times necessitated by the Contractors phasing plans on specific projects Art III Sec 3 Drywall Finishing where applicable The prevailing wages of Drywall Tapers and Painters shall be as follows Painters Base Rate Wages HW Pension Annuity Vacation JATFDC9 JATFIUBAT LMP PAT OMA 5120194302020 Base Rate 4300 1122 1020 552 500 045 010 010 005 015 7 Overtime Rate 6450 1122 1020 828 750 045 010 010 005 015 Promo Total Benefit Package Total Taxable Dues Checkoff 1 Hr 040 3319 4820 217 3536 040 3845 7220 325 4170 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny Art III Sec 4 The Union will allocate the economic package set forth in Art III Sec 1 to wages and benefits in a timely manner for each year of the Agreement but no later than 30 days before the effective date of that years economic package increase Employees shall receive a wage increase in at least 20192020 The Union agrees to allocate 078 per hour from the wage and benefit increases set forth in Art III Sec 1 for the 80 rates into the pension fund by December 31 2021 for the Funding Improvement Plan FIP The Union also agrees to allocate 1 78 per hour from the wage and benefit increases set forth in Art III Sec 1 for the Paperhangers into the pension fund by December 31 2021 for the FIP Art III Sec 5 The Parties hereby expressly waive city and state legislation regarding paid time off including the New York City Earned Sick and Safe Time Act and any potential city state andor federal legislation to guarantee a certain vacation benefit to employees that exceeds or is different from the benefit provided in this Agreement Further the Parties agree and acknowledge that this Agreement provides benefits comparable to those provided by the New York City Earned Sick and Safe Time Act The Parties also agree and acknowledge that this Agreement will provide benefits comparable to those provided by any new or potential city state andor federal vacation benefit legislation to employees covered by this Agreement To the extent any new or potential vacation benefit legislation does not permit the Parties to waive the legislations provisions the Parties agree to a limited reopener to discuss conforming this Agreement to the legislation in a manner that is costneutral to the Employers If any of the waivers included in this paragraph are deemed ineffective or invalid in whole or part by a court or other body or the waivers are ineffective or invalid for any other reason the Parties agree to replace this paragraph with appropriate language to waive the provisions of the applicable legislation Art III Sec 6 Wallcovering a Wages fringe benefits and work rules applicable specifically to wallcoverers are contained in the Wallcoverers Price List set forth in Article XXVII of this Trade Agreement 8 b Wages for wallcovering shall be paid weekly directly to the Wallcoverers performing the work and to no other person c Wallcoverers are employees and shall be entitled to the benefits required by federal and state laws and all other benefits included in this Trade Agreement Art III Sec 7 Decorating Any JOURNEYPERSON who performs the work of decorating shall be paid as per Article III Section 1 It is expressly understood that decorating work shall consist of designing ornaments flowers and figures stenciling fresco painting marbleizing graining decorative stenciling glazing and the application of gold silver metal leafing encaustic finishes and graphics Art Ill Sec 8 Show Up Time Employees who are not put to work after having been instructed to come to work shall be paid for four 4 hours except when they are not put to work because of an act of God or other circumstances beyond their Employers control Art III Sec 9 Layoffs a JOURNEYPERSONS laid off shall be paid the full days wages if laid off during the day except when the layoff is caused by weather conditions b JOURNEYPERSONS laid off shall be paid their wages onehalf hour before quitting time and fringe benefits must follow within the next fortyeight 48 hours c Should any person referred for employment be terminated for just cause his or her referral privileges shall be suspended for two weeks Should the same individual be terminated for cause a second time within a twentyfour 24 month period his or her referral hall privileges shall be suspended for two months Should the same individual be terminated for cause a third time within a twentyfour 24 month period his or her referral privileges shall be suspended indefinitely d A termination shall not be considered as for cause for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his or her termination unless and until the grievance is resolved in a manner that affirms the termination for cause For the purpose of this provision a decision of the District Council Joint Trade Board andor an arbitrator shall be final and binding e The provisions in subsections c and d notwithstanding a Termination Review Committee composed of the members of the District Council Joint Trade Board may upon written request of the applicant vacate or reduce the period of suspension should the Committee determine following inquiry or investigation in its sole and complete discretion that equity requires such action f A program shall be offered by the District Council Apprenticeship Program for advanced or upgraded joumeyperson training for all joumeypersons working under this Agreement Joumeypersons shall be required to take such courses g In cases where the terminations resulted strictly from lack of skills the District Council Joint Trade Board may require the member to attendjumeyperson upgrade training classes a O t Art III Sec 10 Foremen a For each day of work on which there are five 5 or more JOURNEYPERSONS on a job including the foreman the foreman shall receive one 1 hours pay in addition to the regular wages b All foremen shall be required to attend classroom instruction on OSHA rules and regulations The classroom instruction will be provided through the Union c No foreman shall be paid the foremans rate of pay unless heshe has complied with the foregoing instructional requirement d For the purpose of this section a foreman is a JOURNEYPERSON so designated by hisher Employer who is paid eight 8 hours pay for a seven 7 hour day e All foremen shall be bargaining unit employees designated by the Employer and shall for all purposes be agents solely of the Employer No foreman shall be made nor shall be deemed to be an agent of the Union COST OF LIVING ADJUSTMENT Art III Sec 11 Cost of Living Increase Shall include all JOURNEYPERSONS and apprentices covered by this Trade Agreement Art III Sec 1 lA Effective Dates Cost of Living wage adjustments shall be made effective at 12 month anniversary date intervals from the effective date of this Agreement until the expiration date of this Agreement Art III Sec 118 Basis for Adjustment The amount of the costofliving adjustment shall be determined and redetermined as provided in C below on the basis of the official New York City Consumer Price Index for Urban Wage Earners and Clerical Workers including single workers published by the Bureau of Labor Statistics US Department of Labor 1967100 and referred to herein as the index Art III Sec llC Amount of Allowance The amount of the costofliving adjustment shall be computed as follows April 1 2020 April 1 2021 April 1 2022 April 1 2023 and April 1 2024 the most recent and available ie March index number shall be compared to the Index number 12 months prior and that a percent change shall be applied to all wage rates on May 1 2020 May I 2021 May 1 2022 and May 1 2023 The percent change shall be compared to the Index number 12 months prior and the percent change computed minus 65 shall be applied to all wage rates on May 1 2020 on all wage rates in the Schedule A classification of Art III Sec 1 and on May 1 2021 the percent change as arrived at by Index number 12 month prior minus 65 shall be applied to all wage rates in the schedule A classification of Art III Sec 1 and on May I 2022 the percent change as arrived at by Index number 12 month prior minus 65 shall be applied to all wage rates in the schedule A classification of Art III Sec 1 and on May 1 2023 the percent change as arrived at by Index number 12 month prior minus 65 shall be applied to all wage rates in the schedule A classification of Art III Sec 1 EXAMPLE On July 1 1975 the Bureau of Labor Statistics will publish their May index number on or about June 20 1975 This May index number for New York City will be compared with the May index number for 1974 which was 1525 Assuming that the index number of May 1975 is 1647 A percentage change is calculated by dividing the 1647 by 1525 which yields an 80 percent increase According to the attached cost of living clause Section C above 65 would be deducted from this and the 15 percentage increase remaining would apply to the wage rate section of the agreement and increase the rate accordingly WORKING CONDITIONS Art IV Sec lA Standard Work Week The regular time shall consist of thirtyfive 35 hours per week divided into five 5 work days from Monday to Friday inclusive of seven 7 hours each The start time each workday may be anytime from 600 am to 900 am with a halfhour for lunch four hours after the start time Start times must be registered prior to the commencement of a job Any job wishing to have a one 1 hour lunch period shall request special permission from the Union before instituting this procedure Art IV Sec lB A JOURNEYPERSON shall be permitted to take a ten minute rest period between 900 am 1000 am for coffee time The timing of the break shall be at the discretion of the Employer provided the JOURNEYPERSON does not leave the work site as long as coffee is available Art IV Sec lC In Nassau and Suffolk Counties the morning break will be 15 minutes between the hours of900 am to 1000 am The employees will be permitted to sit and have coffee and a meal at their discretion not to exceed 15 minutes OVERTIME AND OVERTIME PERMITS Art IV Sec 2A All work outside of the standard work week as set forth in Art IV Sec I A or on Holidays as defined below shall be considered as overtime and paid for at the rate of time and onehalf of the regular rate for wages Employers are permitted to use straighttime for second shift work with prior permission of Union which shall not be unreasonably withheld With respect to fringe benefits for overtime work an Overtime voucher consisting of the components of a regular straighttime voucher plus an additional half12 annuity payment and an additional half12 supplemental vacation payment only shall be purchased However no overtime work shall be permitted without the Unions permission Art IV Sec 2B Subject to Article IV Sec 2C below overtime permits shall be granted for hours of work performed outside the Standard Work Week and all work performed on Holidays The Association Employer shall obtain an overtime permit from the Union at least fortyeight 48 hours in advance whenever possible Art IV Sec 2C Where the building owner andor building manager has put into the building rules and regulations that it will only utilize members of the Association of Master Painters there shall be no overtime for shift work on projects where the total square feet of the project is less than 50 of the buildings total square feet or there are no more than three 3 trades working on the project or the project entails the alteration of retail locations including without limitation bank branches and retail stores On all such Interior Construction projects 11 JQl the first shift shall start between 6 am and 9 am absent a change in times in accordance with this Agreement The second shift shall start after the end of the first shift and the third shift shall start after the second shift subject to different times necessitated by the Contractors phasing plans on specific projects Art IV Sec 2D During the course of a year all JOURNEYPERSONS in the shop shall be given an equal share of all overtime work whenever possible and the assignment of such work shall be done in consultation with the Union Art IV Sec 2E All work performed on New Years Day Memorial Day Presidents Day Independence Day Labor Day Thanksgiving Day the Day after Thanksgiving and Christmas Day and all work performed on new construction and alteration work outside regular hours shall be considered overtime work Upon an Employer demonstrating special circumstances employees can work on Labor Day If any of the holidays herein are designated by federal law to be celebrated on a day other than that on which they regularly fall then for the purpose of this Trade Agreement the holiday shall be celebrated on the day set by said federal law with the same force and effect as if the day on which the holiday is celebrated was actually the holiday date Any employee may individually elect to observe Martin Luther King Jr Day and shall be allowed the day off without penalty or compensation The Sunday preceding Labor Day of each year shall be set aside as Memorial Sunday in tribute to those brothers and sisters who have passed away Art IV Sec 2F Overtime Violations In the event the Joint Trade Committee shall find an Employer in violation of the overtime provisions of this Trade Agreement excluding the failure to secure an overtime permit it may authorize the Union to place fifty percent 50 of the overtime workers on the Employers job for the period of one 1 year Further during the six 6 months following such violation the Joint Trade Committee may require that the overtime compensation due to the employees be paid in the form of a separate check payable to each employee for the full overtime compensation which is paid directly to the employee ASSOCIATION UNION COMMUNICATION Art V Sec 1 When the Association notifies the Union of the presence on a job of a nonunion painting contractor working in the Trades the Union shall respond to the Association within fortyeight 48 hours of receipt of the notification provided that the Associations notification is in writing and includes the best available address of the job in question OUT OF JURISDICTION WORK Art VI Sec 1 Out of Jurisdiction Work The Contractor or the Employer party to this Agreement when engaged in work outside the geographical jurisdiction of the Union party to this Agreement shall employ not less than fifty percent 50 of the workers employed on such work from among the residents of the area where the work is performed or from among persons who are employed the greater percentage of their time in such area any others shall be employed only from the Employers home area It is further provided that these employees must be qualified to meet job requirements 12 JURISDICTIONAL WORK RULES Art VI Sec 2 Out of Jurisdiction Work The Contractor or the Employer party to this Agreement when engaged in work outside the geographical jurisdiction of the Union party to this Agreement shall employ not less than fifty percent 50 of the workers employed on such work from the IUPAT District Council or Local Union of the area where the work is performed The Employer party hereto shall when engaged in work outside the geographic jurisdiction of the Union party to this agreement comply with all of the lawful clauses of the collective bargaining agreement in effect in said other geographic jurisdiction and executed by the employers of the industry and the affiliated Local Unions in that jurisdiction including but not limited to the wages hours working conditions fringe benefits and procedure for settlement of grievances set forth therein provided however that where no affiliated Union has a current effective agreement covering such outofarea work the Employer shall perform such work in accordance with this agreement and provided further that as to employees employed by such Employer from within the geographic jurisdiction of the Union party to this agreement and who are brought into an outside jurisdiction such employee shall be entitled to receive the wages and conditions effective in either the home or outside jurisdiction whichever are more favorable to such employees In situations covered by the last provision fringe benefit contributions on behalf of such employees shall be made solely to their home funds in accordance with their governing documents and the difference between the wages and benefit contributions required by the away funds and the home funds if any shall be paid to the employees as additional wages This provision is enforceable by the District Council or Local Union in whose jurisdiction the work is being performed both through the procedure for settlement of grievances set forth in its applicable collective bargaining agreement and through the courts and is also enforceable by the Union party to this agreement both through the procedure for settlement of grievances set forth in this agreement and through the courts Art VI Sec 3 Out of Town Expenses On all outoftown jobs the JOURNEYPERSON shall be provided with transportation by hisher Employer Commuting time in excess of one 1 hour shall be paid for at the regular wage rate but shall not exceed eight 8 hours in every twentyfour 24 hour period A JOURNEYPERSON who commutes out of town at night shall not be paid for such commuting time but sleeping accommodations and meals shall be provided On all work performed in a the five Counties ofNew York City b Westchester and Putnam Counties and c Nassau and Suffolk Counties fifty percent 50 of all manpower up to 4 workers must come from the local unions in the respective area Art VI Sec 4 Employees required to remain outoftown overnight or longer shall be paid one 1 hour additional pay per day and an allowance of not less than 10000 per day for room and board unless hisher Employer provides equivalent room and board acceptable to the employee The Employer must submit receipts for any reimbursements paid by check or cash Art VI Sec 5 Any Bargaining Unit member required by hisher Employer to use hisher own automobiles for work outside the Unions jurisdiction shall be reimbursed at the rate of not less than the applicable IRS standard reimbursement per mile for expenses 13 APPRENTICE REGULATIONS Art VII Sec 1 The wage rates for all apprentices shall be based upon JOURNEYPERSON wages provided in Articles III and XXVII and shall be as follows Painters 1st Year Apprentice 5120194302020 Base Rate Overtime Rate Wages 1720 2580 HW 1122 1122 Pension 229 229 Annuity Vacation 099 149 JATFDC9 045 045 JATFIUPAT 010 010 LMP 010 010 PAT 005 005 OMA 015 015 Promo 040 040 Total Benefit Package 1575 1625 Total Taxable 1839 2749 Dues Checkoff 083 124 1 Hr 1658 1749 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny Painters 2nd Year 5l20194302020 Apprentice Base Rate Overtime Rate Wages 2150 3225 HW 1122 1122 Pension 430 430 Annuity 100 150 Vacation 232 348 JATFDC9 045 045 JATFIUPAT 010 010 LMP 010 010 PAT 005 005 OMA 015 015 Promo 040 040 Total Benefit Package 2009 2175 4 14 1 f Total Taxable Dues Checkoff I Hr 2402 108 2117 3593 162 2337 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny Painters 3rd Year Apprentice 5120194302020 Wages HW Pension Annuity Vacation JATFDC9 JATFIUPAT LMP PAT OMA Promo Total Benefit Package Total Taxable Dues Checkoff 1 Hr Base Rate 2580 1122 530 260 312 045 010 010 005 015 040 2349 2912 131 2480 Overtime Rate 3870 1122 530 390 468 045 010 010 005 015 040 2635 4358 196 2831 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny Painters 4th Year Apprentice 5l 20194302020 Wages HW Pension Annuity Vacation JATFDC9 JATFIUPAT Base Rate 3440 1122 864 440 435 045 010 15 Overtime Rate 5160 1122 864 660 653 045 010 LMP 010 010 PAT 005 005 0MA 015 015 Promo 040 040 Total Benefit Package 2986 3424 Total Taxable 3895 5833 Dues Checkoff 175 262 l Hr 3161 3686 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny Art VII Sec 2 All apprentices shall be indentured for a four 4 year apprenticeship A year shall be completed upon performance by the apprentice of 1500 hours of on the job training with Signatory Employers and 144 hours of instruction conducted by the District Council No 9 Joint Apprenticeship and Training Fund Upon completion of the apprentice program such apprentice shall be considered a fullfledged JOURNEYPERSON and shall receive full JOURNEYPERSON wages provided the apprentice complied with the rules of the Joint Apprentice Committee as defined in Article VII Section 8 Art VII Sec 3 Employers shall not require that an apprentice work when the apprentice is required to attend Apprentice Training School unless the Employer has received permission in advance from the Apprentice Training Coordinator Art VII Sec 4 All submitted bil Is covering wallcoverer apprentices shall state the classification of apprenticeship and the number of hours worked Bills must be submitted and paid weekly Art VII Sec S Apprentice Ratio For the term of this Trade Agreement the ratio of apprentices to JOURNEYPERSONS must be maintained at one 1 apprentice for every three 3 JOURNEYPERSONS employed per shop Art VII Sec 6 Violations Upon the failure of an Employer to comply with the terms of Sections 4 and 5 above the Joint Apprentice Committee after due notice to the Employer shall designate the appropriate number of apprentices to be employed in the shop Art VII Sec 7 No apprentice receiving less than 60 of JOURNEYPERSON wages shall be placed in a shop unless that shop already employs at least one apprentice receiving the 80 rate This rule may be waived when there are no apprentices available in the category of 80 No apprentice receiving less than 80 of the JOURNEYPERSON wages shall work by himself on a job 16 Art VII Sec 8 The Joint Apprentice Committee shall consist of six 6 members three of whom shall be designated by the Association of Master Painters Decorators of New York Inc and three shall be designated by the Union One of the three designated by each party shall include a representative of the wallcoverers craft and another representative will be from the dry wall tapers craft The Joint Apprentice Committee shall be responsible for the placement and training of apprentices in the Trades as work is available and in accordance with any rules adopted by the Joint Apprentice Committee The Joint Apprentice Committee shall meet quarterly to evaluate new products and technologies Art VII Sec 9 The conditions of employment of apprentices shall be regulated by the Joint Apprentice Committee which shall also have the power to formulate regulations for a system of required employment for apprentices including the supervision of apprentices however no restrictions shall be placed on the type of work performed or the tools utilized by apprentices All apprentices shall be bound by the Agreement they sign and by all the rules and regulations of the Joint Apprentice Committee Art VII Sec 10 The bargaining Parties direct the trustees of the Joint Apprentice Committee to create a mentor program for apprentices Art VII Sec 11 The Parties agree to cooperate in adjusting the apprentice package to comply with all applicable laws Art VII Sec 12 There shall be no restrictions on the performance of spraying work by apprentices if the apprentices performing such work are under the supervision of a Journeyman Art VII Sec 13 Employers agree to take a more active role in the apprentice program with the goal of improving the program PAYMENT OF WAGES Art VIII Sec 1 Wages shall be paid on the job during regular working hours Payday shall be on Thursday Wages shall be paid by check or direct deposit In the event that the payday falls on a holiday payment shall be made on the day before the holiday If payment by check is made on a Friday or on the day before a holiday the employees shall be allowed one half hour off to cash their checks Work week ending must be on Tuesday Association Employers who have previously disbursed payroll checks without sufficient funds one offense shall be liable for a 20 penalty or in an amount determined by the Joint Trade Committee The penalty shall be paid to the employee in addition to the amount for which the check was written Art VIII Sec 2 JOURNEYPERSONS and apprentices not paid on the day provided in the preceding Sec1 shall be paid two 2 hours pay in addition to the wages due them If the JOURNEYPERSONS and apprentices are not paid by the following Monday at 800 am upon notification from the Union to the Association Employer no JOURNEYPERSON or apprentice shall start work on that job until payment is made in full to all JOURNEYPERSONS and apprentices In addition to all other sums due them the JOURNEYPERSONS and apprentices shall not be paid less than a full days wages for that day Art VIII Sec 3 Not more than two days pay shall be held back 17 Art VIII Sec 4 Wage Statements At the time of payment of wages the Association Employer shall give to each Employee a statement in ink or indelible pencil showing the amount of each and every deduction from the wages including administrative dues checkoff as provided in Article XX section 10 The statement shall also show the employees Social Security number and signatory Association Employers name and employer identification number or state that it is issued by a payroll company on the signatory Employer names behalf Art VIII Sec 5 Time sheets may be provided by the Association Employer If provided time sheets shall be filled out by each JOURNEYPERSON and apprentice upon request of the Association Employer JOB STEW ARDS Art IX Sec lA Job Stewards On any job employing two 2 or more employees the Union shall select a Job Steward from among the employees working on the job The selected Job Steward must be a qualified Journeyman and be certified through the Unions Stewards course and all employees are eligible to attend the course and become certified The Union commits to continuing to implement and improve an accessible and appropriate training process to create more skilled Steward candidates Once the Job Steward is selected he shall remain on the job as the second to last man on the job All Employers outside the jurisdiction of this District Council must have a Job Steward from the Union Hall on each job The qualifications of steward are in the DC 9 ByLaws Art IX Sec lB The Parties reaffirm their commitment that all stewards will solely be working stewards Unqualified or unproductive job stewards may be removed subject to review by the Joint Trade Committee which shall convene a hearing within 24 hours Art IX Sec 1 C a If the Union files a grievance in accordance with Article XIII of this Trade Agreement for i the use of nonunion employees on the job or ii nonpayment of wages or fringe benefit vouchers or shortages thereof the Joint Trade Committee shall conduct a hearing within fortyeight 48 hours All work shall continue on said job pending the hearing No postponements of the hearing shall be granted under any circumstances If the hearing does not take place within 48 hours because of managements unavailability the Union reserves the right to stop the job b If the Joint Trade Committee finds that an Employer has committed either of the violations set forth in subsection a above the remedies shall be as follows i First violation for use of nonUnion employees the Union will appoint a job steward from the Union Hall on all the Employers jobs employing more than one 1 employee for a period of one year ii Second violation for use of nonUnion employees the Union will appoint ajob steward from the Union IIall on at of the Employers jobs employing more than one 1 employee for the life of this Trade Agreement 18 iii First violation for nonpayment or shortage of wages the Union will appoint a job steward from the Union Hall on all the Employers jobs employing more than one 1 employee for a period of one year iv Second violation for nonpayment or shortage of wages the Union will appoint a job steward from the Union Hall on all of the Employers jobs employing more than one 1 employee for the life of this Trade Agreement v First violation for nonpayment of fringe benefit vouchers or shortages thereof for all employees on the job The Union will appoint a job steward from the Union Hall for the duration of the job on which the violation was committed vi Second violation for nonpayment of fringe benefit vouchers or shortages thereof for all employees on the job The Union will appoint a job steward from the Union Hall on all of the Employers jobs employing more than one l employee for a period of one year vii In the event that a job steward has been removed from a job the placed job steward will be of the same status eg journeyman apprentice as the job steward being removed c In the event that there is an individual voucher or wage shortage for an employee working on a job the Union will notify the Employer in writing and demand that the employee be made whole The Employer will then have fortyeight 48 hours from verified receipt of the Unions written demand to make the employee whole If the Employer fails to make the employee whole within fortyeight 48 hours the Union may remedy the violation in accordance with subsections a and b above d No Retaliation There shall be no retaliation by the Employer against any employee who reports to the Union any alleged violation of this Trade Agreement The employee must report the violation to the Union within fourteen 14 days of the date of the occurrence of the violation The Union must file a grievance on said violation in accordance with Article XIII of this Trade Agreement within thirty 30 days of the date it receives the complaint from the employee The grievance and arbitration procedures of Article XIII of the Trade Agreement must be exhausted before the employee may individually commence an action in any other forum to remedy any alleged violation of this Trade Agreement SHOP STEWARDS Art IX Sec 2A Shop Stewards All new Employers who become Parties to this Agreement shall have a shop steward appointed by the Union In shops having the following annual payroll or less there shall be a Shop Steward who shall be placed solely by the Union As of January 1 2019 As of January 1 2020 19 195000000 205000000 As of January 1 2021 As of January 1 2022 As of January 1 2023 215000000 225000000 235000000 The annual payroll amounts set forth above shall be based on the calendar year immediately preceding each date set forth above The annual payroll amounts shall be based on bargaining unit employees only The Union shall appoint the Shop Steward from the shop as long as there is an individual in the shop with the proper qualifications The selected Shop Steward must be a qualified Journeyman and be certified through the Unions Stewards course and all employees are eligible to attend the course and become certified The Union hereby commits to continuing to implement and improve an accessible and appropriate training process to create more skilled Shop Steward candidates Art IX Sec 2B The Parties reaffirm their commitment that all stewards will solely be working stewards Unqualified or unproductive shop stewards may be removed subject to review by the Joint Trade Committee which shall convene a hearing within 24 hours Art IX Sec 2C Duties of the Shop Steward shall be as follows i The duties of a Steward shall consist of examining the dues books work cards and reviewing and reporting for voucher program compliance of the Joumeypersons and Apprentices on the job and enforcing Union conditions and proper working conditions ii It is the responsibility of every Employer to submit weekly reports provided by the Union and designated or called Shop Steward Reports Failure to submit such reports will result in a fine of five hundred dollars 500 for each missing report Art IX Sec 2D If any Steward is paid and receives any money or other things of value over and above his regular JOURNEYPERSONS wages for work actually performed in accordance with the provisions of this Agreement the Joint Trade Board shall impose appropriate penalties upon both Employer and the Steward All the JOURNEYPERSONS on the job shall receive the same wages as the Steward has received during the period of his violation and the Steward shall be removed from the Steward List for a period of at least five 5 years TIME FOR STEW ARDS DUTIES Art IX Sec 3A A Steward shall perform a fair days work as a working JOURNEYPERSON Art IX Sec 3B No Steward shall be discriminated against for the proper performance of their duties Said Steward shall be allowed for the performance of their Stewards duties not less than one hour per day on jobs having five or more men 20 STEW ARDS COMMITTEE Art IX Sec 4 There shall be a Stewards Committee composed of two representatives appointed by the Associations and two representatives appointed by the Union Art IX Sec 5 The Stewards Committee shall hear Employer complaints against Stewards on charges of misconduct or Union complaints of abuse of Stewards rights and shall meet within 48 hours The Steward may not be suspended pending the disposition of charges if such failure is due to the absence of the Employers representatives He may be so suspended however if the Committees failure to meet is due to the absence of the Unions representatives A quorum of the Committee shall consist of one representative from each side and its finding shall be decided by unit vote Art IX Sec 6 Deadlock In the event the Stewards Committee deadlocks or otherwise fails to decide any complaint either party may within thirty days refer the complaint to the Joint Trade Board for final and binding decision in accordance with the rules and regulations of the Board Art IX Sec 7 The Parties agree to establish a joint labormanagement committee the purpose of which is to identify violations of this Trade Agreement by including but not limited to reviewing shop steward reports and remittance reports The committee will meet on a regular basis The committee will hire one fulltime staff person whose function will be among other responsibilities to be determined by the committee to monitor shop steward reports and remittance reports and report to the committee any potential violations of the Trade Agreement for further action by the committee and to make site visits as necessary to ascertain whether the Trade Agreement is being violated JOB REGISTRATION Art X Sec 1 Registration of Jobs a Every Association Employer must register with the Union prior to the commencement of any unscheduled job on a written numerically ordered job registration form that shall be provided by the Union The completed registration form shall state the exact location and nature of the job or operation The Association Employer on a scheduled job or operation shall within twentyfour 24 hours after the commencement of the job or operation file with the Union a written statement of the exact location and nature of the job or operation and shall not thereafter be required to make any further report with respect to such job or operation within that calendar year In the event that any work on said job or operation is done by any other Employer such other Association Employer shall within fortyeight 48 hours after commencement of the work file with the Union a written statement of the work to be performed by the other Employer All exterior work shall be reported each time prior to starting the job The number of registrations filed must coincide with dates of the work performed b All job registrations from all areas under the jurisdiction of the Union must be sent by electronic mail to obre JistntLion ad 9nel or mailed by overnight express to the Unions offices at 45 West 14th Street New York NY 10011 prior to commencement of any job or operation 21 requiring registration Such job registrations shall be shared within the Union on a need to know basis and will not be shared externally except to the Executive Director of the Association c All overtime registrations must be sent by electronic mail to jobregistrationdc9net or mailed by overnight express to the Unions offices at 45 West 14th Street New York NY 10011 at least fortyeight 48 hours prior to the commencement of overtime whenever possible Failure to register all jobs on a timely basis will result in fines as established and amended by the Joint Trade Committee d Scheduled buildings shall be registered when work commences and thereafter reregistered with the Union on January 1 of each year e Every Association Employer shall report the loss of any scheduled building to the Union in writing within twentyfour 24 hours UNION REPRESENTATIVES Art XI Sec 1 Any Union Representatives andor Union employee may visit all jobs and shops for the purpose of ascertaining compliance with the provisions of this Trade Agreement Association Employers will make their best efforts to gain access to buildings where they are working for Union Representatives andor Union employee to investigate compliance with the provisions of this Trade Agreement GRIEVANCES AND DISPUTES Art XII Sec 1 The Employee Grievance Procedure shall be as follows a Foreman Review An employees grievance shall first be presented by his Steward to the foreman If no satisfaction is reached within twentyfour 24 hours that matter shall be referred to the Association Employer and the Union b Stewards Review The Steward shall review the grievances with the supervisor or any other representative designated by the Association Employer If a satisfactory settlement is not reached within twentyfour 24 hours the matter shall then be reduced to writing and referred to the Joint Trade Committee for hearing and decision pursuant to Article XIII of this Trade Agreement JOINT TRADE COMMITTEE JOINT TRADE BOARD Art XIII Sec 1 Joint Trade Committee The Joint Trade Committee is hereby created for the Union and Employers covered by this Trade Agreement The Joint Trade Committee shall consist of not less than two 2 Association i 22 representatives and two 2 Union representatives The Association representatives shall be appointed by the Association of Master Painters and Decorators of New York Inc which shall select such representatives for the Joint Trade Committee except in cases where a drywall taping contractor is a respondent in which case the Drywall Taping Contractors Association of Greater New York shall appoint one of the Association members of the Joint Trade Committee Art XIII Sec 2 Joint Trade Board A Joint Trade Board is hereby created which shall be comprised of the President of the Association of Master Painters and Decorators of New York Inc and the Business Manager SecretaryTreasurer of the Union or representatives respectively designated by each of them Art XIII Sec 3 Jurisdiction of the Joint Trade Committee and Joint Trade Board a The Joint Trade Committee and Joint Trade Board are empowered to hear and decide in arbitration as hereinafter provided all grievances and disputes which arise between the Parties as to the interpretation or application of this Trade Agreement and to make such awards or assess remedies damages and penalties for violations of this Trade Agreement The Joint Trade Committee and Joint Trade Board shall have the authority to issue awards with respect to all grievances and disputes in any manner which they deem reasonable The Joint Trade Committee and the Joint Trade Board shall have all powers necessary to remedy complaints brought before them including but not limited to i wages and contributions owed ii liquidated damages iii interest on monies due iv attorneys and auditors fees and v the cost and expenses of arbitration vi failure to allow audits vii alter egosingle employer issues viii subcontracting issues and ix any fines andor penalties imposed b All grievances or disputes against members of either party to this Trade Agreement for alleged violations of the same which have not been adjudicated by the Joint Trade Committee for any reason shall be adjudicated by the Joint Trade Board c The Joint Trade Committee may but is not required to include in their award against a signatory Employer and any signatory or nonsignatory alterego thereof any and all delinquent fringe benefit contributions plus interest liquidated damages auditors fees attorneys fees and cost owed by said Employers The decisions findings and awards of the Joint Trade Committee shall be final and binding upon the signatory Employer and the Union but not upon the Funds The Joint Trade Committee may enforce the decision findings and awards or may refer their award for fringe benefit contributions to the Funds for enforcement and collection Enforcement of any award issued by the Joint Trade Committee shall not be considered a waiver by the Funds or an election of remedies by the Funds of the right to collect any fringe benefit contributions interest liquidated damages or late charges for any time period owed by the signatory Employer to the Funds and the Funds may pursue any and all collection efforts including but not limited to the filing for a lawsuit in Court in order to collect any fringe benefit contributions interest liquidated damages or late charges owed by the signatory Employer and any signatory or nonsignatory alterego thereof to the Funds The Joint Trade Board shall have access to all appropriate benefit information to the extent permitted by state federal and local law Furthermore the Joint Trade Board members may be required to sign nondisclosure agreements in connection with access to such benefit information The Joint Trade Committee or Joint Trade Board upon issuance of a finding of delinquency may also issue an award requiring the 23 payment of the fines set forth in Article XIII Section 11 Violation 9 and to order the remedies set forth in Article IX d The Joint Trade Committee and the Joint Trade Board are also empowered to i issue interpretive rules or other rules and regulations as they deem necessary to give full force and effect to their decisions ii conduct audits of Association Employers records iii upon request of both Parties recommend amendments or changes to this Trade Agreement and iv appoint such persons or committees as may be necessary to aid in the performance of their duties e The Joint Trade Board shall address issues or disputes arising out of any market recovery organizing or other relief provisions in this Agreement or the Market Recovery and Other Relief Provisions Agreement Art XIII Sec 4 Procedures a The Joint Trade Committee and Joint Trade Board may when deemed necessary promulgate amendments and revisions to the rules and regulations set forth in this Article governing their own conduct The Parties to this Trade Agreement agree to be bound by any such amendments and revisions b The Joint Trade Committee and Joint Trade Board shall meet at their discretion c When the Joint Trade Committee votes on a question complaint or finding the Association and the Union shall each have one 1 vote and these votes shall be equal regardless of the number of representatives present and voting d The decisions findings and award of the Joint Trade Committee andor the Joint Trade Board shall be final and binding upon the Association Employer and the Union all members thereof and all interested Parties RULES AND REGULATIONS Art XIII Sec 5 a Filing of the Demand to Arbitrate a Grievance or Dispute i A demand to arbitrate a grievance or dispute shall be in writing and shall be filed by mail or handdelivered to the Joint Trade Committee by either the Union or the Association Demands also shall be filed by the Union to the Association and by the Association to the Union The demand shall state the name of the aggrieved party and the name of the party against whom the grievance or dispute is asserted The party filing the grievance or dispute shall thereafter be called the complainant The party against whom the grievance or dispute is asserted shall thereafter be called the respondent ii Each demand shall set forth only one alleged grievance or dispute in simple and concise form and shall set forth the basis of the grievance or dispute with appropriate reference to the Trade Agreement provisions at issue to the extent known The demand shall also set forth the date of the particular incident and if known the names of the 24 person andor Association Employers involved The demand may also set forth the remedy sought iii Every demand to arbitrate shall specify the name of the party serving the demand or of an officer or agent thereof if such party is an association or corporation and shall state that unless the party served applies to stay the arbitration within twenty 20 days after such service or in the case of Article IX grievances 48 hours after such service heshe shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time b Service of the Demand to Arbitrate a Grievance or Dispute and Setting of the Date of Hearing i Simultaneously with the filing of the demand with the Joint Trade Committee the complainant will serve a copy of the demand upon the respondent Within fourteen 14 days of the filing of the demand the Joint Trade Committee shall notify the complainant and respondent of the date and time for the hearing of the grievance or dispute before the Joint Trade Committee Service upon the respondent of the complainants demand to arbitrate and service upon the complainant and respondent by the Joint Trade Committee of the notice of the date of the hearing of the arbitration shall be by certified mail and return receipt requested or overnight express mail The mailing to an Association Employer shall be made to the Association Employers address on file with the Union ii The date set for the hearing by the Joint Trade Committee shall not be less than twenty 20 days nor more fortyfive 45 days from the date the notice was mailed by the Joint Trade Committee The Joint Trade Committee may change these time periods at its discretion Art XIII Sec 6 Respondent The respondent may submit to the Joint Trade Committee and to the complainant a response to the complainants demand to arbitrate provided that the response is received by the Joint Trade Committee no less than three 3 days before the date of the hearing fixed in the notice Art XIII Sec 7 Arbitration Hearings a Representation of the Complainant and Respondent The Union as a complainant or respondent shall be represented at the hearing by an officer or representative of the Union authorized by its SecretaryTreasurer to act in such capacity or by the business representative of the local union having jurisdiction over the geographical area where the incident giving rise to the demand to arbitrate occurred An Association Employer as a complainant or respondent if a corporation shall be represented at the hearing by an officer thereof or if a sole proprietorship partnership or unincorporated business association by a principal thereof If a complainant or respondent is a member of an Employer association recognized by the Union it may also be represented at the hearing by a duly authorized member of such association A party has the right to be represented at the hearing by legal counsel b Hearing procedures The arbitration hearing shall be conducted by two 2 chairpers who shall be members of the Joint Trade Committee one of whom shal I be an Association 25 representative and the other a Union representative The grievance or dispute proof of due service of same and any response thereto by the respondent will be presented at the inception of the hearing The complainant may present witnesses and other evidence in support of the request and the respondent may present witnesses in its defense The respondent and complainant will both have the right of crossexamination The Joint Trade Committee shall be the judge of the relevance and materiality of the evidence offered and conformity to the state or federal rules of evidence shall not be necessary The Joint Trade Committee and any subsequent arbitrators ie the JTB or AAA pursuant to this Article shall also consider any alleged violations of the National Labor Relations Act and apply any statutory remedies if any with respect to any violation of the National Labor Relations Act c Nature of Hearings Hearings shall be as informal as may be reasonable and shall be conducted in the manner considered appropriate by the chairpersons The chairpersons shall have the authority to vary the procedures as they deem necessary in order to insure that each party is afforded a full and fair opportunity to present any and all material and relevant evidence d Corroborating Witness Absent extraordinary circumstances the Union must produce a corroborating witness ie an individual with firsthand knowledge of the violation to the Joint Trade Committee in order to meet its burden of proof at a hearing There shall be no retaliation against any member who provides witness testimony to the Joint Trade Committee e Minutes of Proceedings Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other party and the Joint Trade Committee at least three 3 days in advance of the scheduled hearing date The requesting party shall pay the cost of the transcript and a copy of same must be made available at no cost to the Joint Trade Committee upon the conclusion of the hearing f Postponements Except as provided in Article IX Section lc and a the Joint Trade Committee may for good cause shown postpone any hearing upon the request of a party or upon the Joint Trade Committees own initiative and shall also grant such postponement when all of the Parties agree g Hearings in the Absence of a Party The hearing may proceed in the absence of a party or representative who after due notice fails to appear or fails to obtain a postponement A decision and award of the Joint Trade Committee or Joint Trade Board shall not be made solely on the default of a party The Joint Trade Committee shall require the party who is present to submit such evidence as may be required for the making of a decision h Interpretation and Application of Procedures Rules and Regulations The Joint Trade Committee and Joint Trade Board shall interpret and apply the above procedures rules and regulations insofar as they relate to the power and duties of the Joint Trade Committee and the Joint Trade Board respectively If an unresolvable difference arises between the Union and Association representatives on the Joint Trade Committee concerning the meaning or application of these procedures rules and regulations it shall be resolved and decided by the Joint Trade Board Art XIII Sec 8 Awards 26 a The Joint Trade Committee will no later than thirty 30 days after the close of the hearing adjust or dispose of the grievance or dispute by rendering an award which may include the imposition of fines andor penalties and any statutory remedies available under the National Labor Relations Act or other applicable Laws and Rules The fines or penalties which may be imposed by the Joint Trade Committee are set forth in the schedule of standardized fines which are made a part of this Article as Section 11 If a demand for arbitration seeks the recovery of wages andor benefits the calculation of those wages and benefits shall be presented and determined at the hearing and the total amounts owed shall be reflected in the award b In the event the Joint Trade Committee fails to render an award within the time provided in the preceding subsection a or a decision cannot be made due to deadlock of the Joint Trade Committee the Joint Trade Committee shall submit the grievance or dispute to the Joint Trade Board and the Joint Trade Board shall render an award The failure of the members of the Joint Trade Board to be present at the arbitration hearing before the Joint Trade Committee shall not preclude the issuance of an award by the Joint Trade Board c The awards of the Joint Trade Committee andor the Joint Trade Board including an award of fines or penalties shall be final and binding upon the complainant and respondent and all interested parties except as provided in Article XIII Sec 3c and judgment may be entered upon the award in accordance with applicable law in any court having jurisdiction thereof Art XIII Sec 9 Fines and Penalties a AH fines and penalties awarded by the Joint Trade Committee andor the Joint Trade Board less the reasonable administrative cost and expenses actually incurred shall be used to defray the costs of District Council No 9s enforcement of Joint Trade Committee awards to advance the industry to sponsor educational programs for the members in good standing of the Union and their children to aid and assist in the establishment of programs to increase business activity within the industry and develop and maintain maximum job opportunities for those Union members b When a Joint Trade Committee or the Joint Trade Board finds that an Association Employer is guilty of violating the Trade Agreement the Joint Trade Committee or the Joint Trade Board may at its discretion authorize the Union to designate up to fifty percent 50 of the JOURNEYPERSONS in the employ of such Association Employer for a period not exceeding six 6 months provided that with respect to violations of Article IV the remedies set forth in Article IV Section 2F shall be applicable Art XIII Sec 10 Protection of Complainants No Association Employer shall dismiss any JOURNEYPERSON for giving evidence at an arbitration hearing Such person giving evidence or testimony shall have the protection of the Joint Trade Committee and Joint Trade Board Art XIII Sec 11 Schedule of Fines 27 The schedule of fines which shall be in effect for the duration of this Trade Agreement or until such time as amended by the Joint Trade Board will be not less than the following Violation l No Registration 1st Offense 100000 2nd Offense 150000 3rd Offense 300000 within 12 months plus the Joint Trade Committee has discretion to implement 50 of the men on the job from the Union The Parties agree that the Joint Trade Board has the discretion to hold in abeyance a first offense violation under this section However should the same Employer commit a second offense of the same violation the penalty for any violation held in abeyance will be due in addition to the penalty for the second offense Violation 2 No registration and nonunion men on the job 1st Offense 300000 no registration 400000 each nonunion man 2nd Offense 400000 no registration plus 1000000 for each nonunion man plus the Joint Trade Committee has discretion to implement 50 of the men on the job from the Union Violation 3 No overtime permit 1st Offense 100000 2nd Offense 200000 3rd Offense 300000 within 12 months plus the Joint Trade Committee has discretion to implement 50 of the men on the job from the Union The Parties agree that the Joint Trade Board has the discretion to hold in abeyance a first offense violation under this section However should the same Employer commit a second offense of the same violation the penalty for any violation held in abeyance will be due in addition to the penalty for the second offense Violation 4 No overtime permit with nonunion man on the job 1st Offense 600000 no permit 300000 each nonunion man 2nd Offense 1000000 no permit 400000 each nonunion man 28 3rd Offense 1200000 within 12 months plus 600000 for each nonunion man plus the Joint Trade Committee has discretion to implement 50 of the men on the job from the Union Violation 5 Discrimination against Job or Shop Steward or retaliation against whistleblowers 1st Offense Wages and fringe benefits 200000 liquidated damages Violation 6 NonUnion man 1st Offense 400000 for each nonunion man plus 200000 liquidated damages 2nd Offense 1000000 for each nonunion man plus 300000 liquidated damages plus the Joint Trade Committee has discretion to implement 50 of the men on the job from the Union Violation 7 Subcontracting to nonunion employer 1st Offense Penalty contingent upon size and scope of project plus 600000 liquidated damages Violation 8 Failure to submit Shop Steward Reports or Remittance Reports 1st Offense 100000 each missing report Violation 9 Failure to pay wages andor fringe benefits or payment in cash for wages andor fringe benefits 1st Offense Any wages and fringe benefits owed plus liquidated damages in an amount equal to the unpaid or cashpaid fringe benefits only but no less than 400000 Violation 10 Use of market recovery or other special ratejoumeypersons on nonmarket recovery jobs or other corresponding operations 1st Offense Three times the penalty of Violation 6 above and the Joint Trade Committee has the right to suspend or terminate the use of market recovery for a period of time to be determined by the Joint Trade Committee Applicable to all violations above In addition to the penalty listed above with respect to the violations set forth in Section 11 above with the exception of violations l and 8 addressed below if a violation is found the Joint Trade Committee andor the Joint Trade Board shall direct the Union to appoint a job steward from the Union Hall for the duration of the job With respect to violations 1 and 8 in addition to the penalty listed above with respect to the violations set forth in Section I t above r1 the Joint Trade Committee andor the Joint Trade Board may direct the Union to appoint a job 29 steward from the Union Hall for the duration of the job Art XIII Sec 12 Deadlock or Failure of the Joint Trade Board to Render a Decision If the Joint Trade Board deadlocks or otherwise fails to render an award deciding any grievance or dispute within fourteen 14 days of submission to it by the Joint Trade Committee either party may within thirty 30 days of the expiration of said fourteen 14 day period refer the grievance or dispute to arbitration by filing a written request with the Joint Trade Board with a copy served upon the opposing party Upon receipt of such request the Joint Trade Board shall promptly submit such grievance or dispute to arbitration pursuant to the Labor Arbitration Rules of the American Arbitration Association AAA The decision of the AAA arbitrator shall be final and binding STRIKES AND LOCKOUTS Art XIV Sec 1 There shall be no strikes or lockouts in the shops or upon the work of any Association Employer nor shall the members of the Union collectively leave the job of an Association Employer The Union reserves its constitutional right not to work with nonunion joumeypersons It is further agreed that before the Union removes any JOURNEYPERSON or apprentice from a job site under this reserved right the Union shall give notice as soon as reasonably possible but at least twentyfour 24 hours notice to the Association Employer and the Joint Trade Board or the Joint Trade Committee It is agreed that no support is to be given to a union that has removed its journeypersons in violation of any applicable nostrike clause Art XIV Sec 2 Any Association Employer who has been judged by the Joint Trade Board or the Joint Trade Committee to be in violation of this Trade Agreement or guilty of any charge brought against it before the Joint Trade Board or the Joint Trade Committee shall be outside the protection of Art XIV Sec 1 until such time as it is in compliance Art XIV Sec 3 If an Association Employer fails to comply with a decision of the Joint Trade Board or a Joint Trade Committee the Union must order its JOURNEYPERSONS and apprentices to cease work until that Association Employer is in compliance on any and all jobs Art XIV Sec 4 Employees covered by this Trade Agreement shall have the right to respect any legal primary picket line validly established by any bona fide labor organization and the Union has the right to withdraw employees covered by this Trade Agreement whenever the Association Employer is involved in a legitimate primary labor dispute with any bona fide labor organization Art XIV Sec 5 For any foreman who receives a minimum of 48 weeks of pay from one Association Employer District Council No 9 will upon written request from that Association Employer make arrangements so that mandatory picketing by that foreman will not interfere with his or her work schedule The Association Employer must identify the foremen on its roster at the time of its written request which must be made during the month of January for that year In connection with this paragraph only the Association Employer shall notify the Union in writing if a foremans status changes 30 SUBCONTRACTS Art XV Sec 1 a To protect and preserve for the employees covered by this Trade Agreement all work they have performed and all work covered by this Trade Agreement and to prevent any device or subterfuge to avoid the protection and preservation of such work it is agreed that if any Association Employer performs onsite construction work of the type covered by this Trade Agreement under its own name or the name of another as a corporation company partnership or other business entity including a joint venture wherein the Association Employer through its officers directors partners owners or stockholders exercises directly or indirectly through family members or otherwise management control or majority ownership the terms and conditions of this Trade Agreement shall be applicable to all such work and shall be responsible for the payment of the benefit contributions when due to the Funds b Any signatory Employer who contracts work to a signatory subcontractor or a nonsignatory subcontractor for a particular job which work is covered under this Trade Agreement shall be responsible for the subcontractors delinquent contributions should the subcontractor fail to remit the benefit contributions when due to the Funds Art XV Sec 2 All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Trade Agreement on the handling of grievances and the final and binding resolution of disputes as provided in Articles XII and XIII with the exception that collection of benefit contributions may alternately be processed by the Funds and the Trustees may bring a lawsuit against the Employer to collect the unpaid benefit contributions plus interest liquidated damages and fees related thereto As a remedy for violations of this Article the Joint Trade Committee the Joint Trade Board or AAA Arbitrator shall at the request of the Union be able to require an Association Employer i to pay to affected employees covered by this Trade Agreement including registered applicants for employment the equivalent of wages those employees have lost because of the violations and ii to deposit into the affected Joint Trust Funds to which this Trade Agreement requires contributions any delinquent contributions that resulted from the violations The Joint Trade Committee or Joint Trade Board or AAA Arbitrator shall also be able to provide any other appropriate remedies whether provided by law or this Trade Agreement The Union shall enforce a decision of the Joint Trade Committee Joint Trade Board or AAA Arbitrator under this Article only through arbitral judicial or governmental eg the National Labor Relations Board channels Art XV Sec 3 If an Association Employer violates this Article and the Union andor the Trustees of one or more Joint Trust Funds to which this Trade Agreement requires contributions institutes legal action to enforce an award by the Joint Trade Committee Joint Trade Board or AAA Arbitrator remedying such violation or has to defend an action that seeks to vacate such award the Association Employer shall pay any accountants andor attorneys fees incurred by the Union andor the Joint Trust Funds plus the costs of the litigation that have resulted from such legal action This section shall not affect other remedies whether provided by law or this Article that may be available to the Union andor the Joint Trade Trust Funds 31 Art XV Sec 4 JOURNEYPERSONS shall neither directly nor indirectly whether through their spouse or through any other subterfuge contract to perform any of the Trades work covered by this Trade Agreement Art XV Sec 5 Any Association Employer who shall perform work in a joint venture or through a subsidiary or affiliated company shall be responsible and liable for the compliance with the terms of this Trade Agreement by such joint venture or subsidiary or affiliated company and for the remittance of the contributions by such joint venture or subsidiary or affiliated company Art XV Sec 6 All Employers shall assign and perform all work within the craft jurisdiction of the Union as defined in Art I by directing employment of employees in the usual and regular manner and no Employer shall enter into any other arrangements to assign or perform said work Said prohibited arrangements without limiting the generality thereof shall include lumping or agency agreements Art XV Sec 7 The Employer shall not subcontract work in the jurisdiction of District Council No 9 to any other Employer who does not have a current signed Collective Bargaining Agreement with District Council No 9 USE OF THE SPRAY AND PASTE MACHINES Art XVI Sec 1 Association Employers shall have no restrictions placed upon the use of the spray and paste machines HEAL TH SAFETY GENERAL PROVISIONS Art XVII Sec 1 In accordance with the requirements of the Occupational Safety and Health Act of 1970 it shall be the exclusive responsibility of Association Employers to ensure the safety of their employees and compliance by their employees with any safety rules contained in this Trade Agreement or those established by the Association Employers Nothing in this Trade Agreement will make the Union liable to any employees or to any other persons in the event of workrelated disease sickness accident injury or death Association Employers will not engage in any litigation against the Union on a subrogation theory contribution theory or otherwise so as to obtain a money judgment from it in connection with any workrelated disease sickness accident injury or death Art XVII Sec 2 Association Employers shall at all times provide safe tools materials and equipment and safe working conditions If at any time in the opinion of an employee such tools materials equipment or working conditions are unsafe and constitute a hazard to health or physical safety the employee shall have the right to refuse to work with such tools materials and equipment or under such hazardous conditions unless and until they are made safe No employee shall be dismissed disciplined or otherwise discriminated against nor shall pay be withheld for refusal to work with such unsafe tools materials or equipment or under such unsafe or hazardous working conditions Art XVII Sec 3 The Association Employers agree that during the life of this Trade Agreement they will comply with all applicable federal and state laws concerning occupational 32 ft QV safety and health including all applicable standards rules and regulations issued pursuant thereto Art XVII Sec 4 Association Employers shall provide at no cost to the employees all necessary personal protective equipment and instructions on proper use of such equipment Association Employers shall provide for the proper maintenance and cleaning of all necessary personal protective equipment If at any time in the opinion of an employee such personal protective equipment is defective has not been properly maintained or is not the appropriate personal protective equipment under the particular working conditions the employee has the right to refuse to work with such equipment No employee shall be dismissed disciplined or otherwise discriminated against nor shall pay be withheld for refusal to work with such defective improperly maintained or inappropriate personal protective equipment The employee shall immediately report to the Association Employer such defective improperly maintained or inappropriate personal protective equipment Art XVII Sec 5 Except as clearly and specifically required by law or regulation no Association Employer shall require any employee to sign a form or statement dealing with health and safety hazards in the workplace or instruction and training relating to hazards in the workplace unless that form or statement has been negotiated with and agreed upon by the Union Art XVII Sec 6 Association Employers may require employees to attend all classes concerning the Industry when offered by the Union Art XVII Sec 7 The bargaining Parties shall direct the Trustees of the Finishing Trades Institute ofNew York to create an appropriate and legally permissible program to ensure that all employees are physically fit to perform the necessary duties of the job Art XVII Sec 8 When a party with whom an Employer contracts requires security background checks andor drug tests andor alcohol tests employees may be subject to such checks andor tests An employee shall cooperate with an Employer as necessary for obtaining any such checks andor tests Any disciplinary action imposed from such checks andor tests shall only be for just cause All such checks andor tests shall be confidential and may be disclosed only to the Association and Union and as per normal business or legal requirements The Employer shall pay all cost of any such checks andor tests Art XVII Sec 9 Antisexual harassment training shall be offered at the Training Center HEAL TH SAFETY RULES Art XVIII Health Safety Rules Rule No 1 With respect to all potentially hazardous or toxic materials the Material Safety Data Sheets and all OSHA requirements shall be made available and all manufacturers precautions and OSHA mandates shall be strictly adhered to Rule No 2 Regulation Elimination of Paint Materials Injurious to Health It shall be unfair and discriminatory to discharge a JOURNEYPERSON or apprentice for refusing to handle materials which are determined by competent ority to be injurious to health If the Join Q Trade Committee shall after hearing determine that such a violation has occurred reinstatement shall be ordered where possible with a view towards adequately compensating the JOURNEYPERSON or apprentice for any damages sustained and ensuring that the problem will not reoccur Rule No 3 Adequate Washing Facilities Where running hot or cold water is not available in or about the clothes locker a sufficient supply of hand cleaner shall be furnished to the JOURNEYPERSONS and apprentices twice a day to provide adequate facilities for clean washing Five 5 minutes shall be allowed for washing up at noon and at quitting time Rule No 4 Drinking Water Fresh drinking water and sanitary cups shall be provided to all JOURNEYPERSONS and apprentices twice a day during working hours Rule No 5 Drop Cloths Drop cloths shall be maintained in a sanitary condition by the Employer Rule No 6 Uniforms a The uniform purchased by all eligible members through the Union must be worn by such members The uniform shall be white overalls with a bluestriped pants and white shirts with blue collars and a white cap with the Union emblem All work clothes shall be kept clean by the JOURNEYPERSON and apprentices The failure of any such member to wear the uniform and picturelD of the Union may be deemed just cause for dismissal If a member comes to work without a uniform or ID the Employer will warn the member not to return to work the following day or thereafter without a uniform and LO If the Union discovers the member without a uniform or ID it will give prompt notice to the Employer If after being warned the member comes to work and the Employer permits him or her to work without a uniform or ID the Employer may be fined 500 and the member will be fined 100 by the Joint Trade Committee said fines to be paid to the JTC No such fines will be levied in situations where it is not appropriate for members to wear the uniform The Parties agree that it is always appropriate for Union members to carry their lO b The Industry Promotional Funds shall reimburse the Union for no more than 150000 per year for the life of this Trade Agreement for the cost of providing uniforms for Joumeypersons and apprentices Rule No 7 Injuries Any injury no matter how slight must be reported immediately to the Association Employers representative and the Unions representative and shall be immediately taken care ofby the employees physician if required On all jobs where there are five 5 JOURNEYPERSONS and apprentices or more a first aid kit shall be provided Rule No 8 Use of Elevators On all buildings in which elevator service is provided for any other trade such service shall be made available to all Bargaining Unit members Rule No 9 Scaffolds The scaffold work rate shall be paid for i interior and exterior swing scaffold work which shall include any work on 3 exterior job where a swing scaffold is used during the performance of the job whether or not the particular work is done from the scaffold on a fire escape or otherwise ii any interior portion of the work on a job where a swing scaffold is required in the performance of that interior work iii work done with window belts or from boatswain chairs and iv work performed twenty 20 feet or more from the floor or ground including such work when done from extension ladders or from stationary or rolling platforms but not including such work when done from completely deckedover platforms In determining the height of the work the highest point of work on the surface shall govern and all work on that surface shall be compensated at the rate so determined Rule No 10 Blood Testing Whenever blood testing urine analysis or any other form of testing is a condition of employment on a job all costs related to said testing shall be borne by the Association Employer Rule No 11 OSHA Training The Employer shall not permit any JOURNEYPERSON or apprentice to work unless such JOURNEYPERSON or apprentice has completed the appropriate OSHA training as per OSHA regulations and will comply with any other statutorily required training programs such as but not limited to New York City Local Law 196 The Employer shall have the burden of proving that the JOURNEYPERSON or apprentice satisfied this requirement The Union shall make every reasonable effort to provide timely OSHA New York City Local Law 196 and related training and subsequent certifications at the Training Center Rule No 12 Safety Training for Foremen In addition to the training required in Rule No 11 all foremen must attend a minimum of eight 8 hours of safety training per calendar year INSURANCE Art XIX Sec 1 Every Association Employer shall carry all insurance required under state andor federal laws and shall be required to keep a Certificate of Workers Compensation on file with the Union FRINGE BENEFIT CONTRIBUTIONS Art XX Sec 1 Notwithstanding any other provision of this Agreement the Board of Trustees of the Painting Industry Insurance Fund the Insurance Fund shall administer benefit contributions paid by Employers who are signatories to this Trade Agreement Signatory Employers for work performed within the jurisdiction of this Trade Agreement pursuant to the rules regulations and procedures set forth in this Article The Board of Trustees of the Insurance Fund shall also administer benefit contributions paid by members of the Window and Plate Glass Dealers Association and the Association of Wall Ceiling and Carpentry Industries of New York Inc for work performed on account of which contributions are required to be made to the Funds set forth below which members and contributions shall be subject to the rules regulations and procedures set forth in this Article and Articles XXI and XXII The bargaining Parties shall recommend to the Trustees that all Trustees shall have access to proof of work and payroll records Art XX Sec 2 Contribution Rates 35 a All Signatory Employers shall make contributions as defined in this Trade Agreement for each hour worked and for overtime hours for which fringe contributions shall be made at the rate of time and onehalf by their employees covered under this Trade Agreement except where contribution amounts are based upon the amount of gross wages paid to an employee In such a case gross wages shall be defined as set forth in subsection b herein b Gross Wages and Gross Wages Payable as used in this Trade Agreement shall mean and include whichever of the two definitions below may be greater i The actual total gross earnings of any JOURNEYPERSON or apprentice or ii A gross estimated wage figure subject to readjustment as hereinafter provided equivalent to two 2 times the Signatory Employers cost of all materials used by it during the fiscal accounting period as finally computed and assessed at the close thereof After review by the auditors and trustees of the present industry wage costs and upon their recommendation the abovestipulated formula may be adjusted Art XX Sec 3 Trust Administration a Contributions Each Signatory Employer shall pay to the Insurance Fund under Agreements and Declarations of Trust heretofore and hereafter created or amended the terms and provisions of which are specifically incorporated herein by reference contributions for each trust fund in such amounts as are set forth in the schedule of wages and benefit contributions in this Trade Agreement for all JOURNEYPERSONS and apprentices employed by the Signatory Employer for the most recent pay period Each Signatory Employer shall be bound by and to the Agreements and Declarations of Trust of such trust funds and all interpretations of and rules and regulations issued thereunder as though they had actually signed the same Such contributions shall be deposited in accordance with the terms of this Trade Agreement into the following trust funds and administered as set forth hereafter i Insurance Fund to provide health and welfare and vacation benefits See Art XX Sec 6B ii District Council No 9 Painting Industry Annuity Fund See Art XX Sec 6C iii International Union of Painters and Allied Trades Union and Industry National Pension Fund See Art XX Sec 5 iv Finishing Trades Institute of New York See Art XX Sec 6A v International Union of Painters and Allied Trades Finishing Trades Institute See Art XX Sec 6A vi The Finishing Industries LaborManagement Partnership See Art XX Sec 7 vii District Council No 9 Political Action Together Political Committee See Art XX Sec 8 viii International Union of Painters Allied Trades Political Action Together Political Committee See Art XX Sec 9 36 ix Association of Master Painters and Decorators of New York Industry Promotion Fund Association of Wall Ceiling and Carpentry Industries of New York Inc Promotion Fund Window and Plate Glass Dealers Association Promotion Fund See Art XX Sec 11 b Administration of Contributions Each Board of Trustees shall administer and expend said contributions pursuant to the aforesaid Agreements and Declarations of Trust and this Trade Agreement and shall have the authority to increase or decrease any benefits payable hereunder in their sole and absolute discretion and as they may determine from time to time Art XX Sec 4 Electronic Voucher System a Method of Operation i Electronic Vouchers Each Signatory Employer employing a JOURNEYPERSON or apprentice shall make benefit contributions for said JOURNEYPERSON or apprentice by purchasing benefits contribution vouchers from the Funds on a weekly basis Vouchers shall represent payment for hourly benefit contributions in such denominations as the Trustees of the Funds shall deem appropriate ii Purchase of Electronic Vouchers The Signatory Employer shall file with the Funds a weekly requisition for vouchers accompanied by the exact amount of payment to the Funds for all vouchers purchased In the event that a Signatory Employer defaults on any specific remittance for any reason payment for vouchers thereafter shall be by certified or bank check only Vouchers shall be issued by the Funds electronically so as to insure timely delivery of vouchers to JOURNEYPERSONS and apprentices iii Delivery of Electronic Vouchers Vouchers representing the number of hours of work credited to each JOURNEYPERSON and apprentice weekly shall be given to each JOURNEYPERSON and apprentice with his or her wages In the event a JOURNEYPERSON or apprentice is laid off prior to the end of the payroll week all fringe benefit contributions vouchers for hours of work credited to the JOURNEYPERSON and apprentice must be delivered and received by the Union or the JOURNEYPERSON and apprentice before the close of business of the following business day iv Weekly remittance reports The Signatory Employer shall file with the Funds a weekly remittance report in a form provided by the Funds setting forth the name of each JOURNEYPERSON and apprentice employed by the Signatory Employer the prior work week the number of hours of work credited and the fringe benefit contribution voucher issued to each JOURNEYPERSON and apprentice Any signatory Employer who fails to include all workers in the remittance report or fails to accurately submit a weekly remittance report shall be in violation of this Agreement v The Parties agree to recommend to the Trustees of the Funds that they explore the possibility of developing programs to more efficiently collect contributions including without limitation adopting an electronic fund collection system b Violations In the event a Signatory Employer fails to remit vouchers to any JOURNEYPERSON or apprentice at the time such vouchers must be given to the JOURNEYPERSON or apprentice sells vouchers duplicates vouchers violates this Trade 37 Agreement in any manner including but not limited to subcontracting in violation of the Trade Agreement that causes vouchers not to be remitted or in any manner avoids the requirements of the voucher system such act or inaction shall constitute a failure to pay benefits contributions under this Trade Agreement In such event the Union and the Funds shall each have the right to any and all remedies provided for in this Trade Agreement for a breach of the Trade Agreement andor failure to pay fringe benefit contributions as well as any remedies provided for under state or federal law c Shop Steward Reports In addition to the remittance report referred to in subsection aiv above each Signatory Employer shall prepare and give to the Shop Steward for each job by close of business of the business day following the end of the payroll week a Shop Steward weekly payroll report Such report shall list each JOURNEYPERSON or apprentice at the subject job for the preceding payroll week hours of work credited fringe benefit contribution voucher serial numbers received by the JOURNEYPERSON or apprentice social security number and location of the job site d Signatory Employer Withholding Obligation The Signatory Employer hereby agrees to withhold all taxes benefit contributions and checkoff from each JOURNEYPERSON and apprentice and to remit same to the funds as set forth herein e Violations In the event a Signatory Employer fails to remit vouchers to any JOURNEYPERSON or apprentice at the time such vouchers must be given to the JOURNEYPERSON or apprentice sells vouchers duplicates vouchers violates this Trade Agreement in any manner including but not limited to subcontracting in violation of the Trade Agreement that causes vouchers not to be remitted or in any manner avoids the requirements of the voucher system such act or inaction shall constitute a failure to pay benefits contributions under this Trade Agreement In such event the Union and the Funds shall each have the right to any and all remedies provided for in this Trade Agreement for a breach of the Trade Agreement andor failure to pay fringe benefit contributions as well as any remedies provided for under state or federal law Art XX Sec 5 International Union of Painters and Allied Trades Union and Industry National Pension Trust Pension Fund a The Trustees as described in Art XX Sec 1 shall pay all contributions received from Signatory Employers for pension benefits to the Trustees of the International Union of Painters and Allied Trades Union and Industry National Pension Fund the National Trustees b The National Trustees shall administer and expend said contributions pursuant to the provisions of an Agreement and Declaration of Trust as amended and also in accordance with the Merger Agreement by and between the Trustees of the District Council No 9 Painting Industry Pension Fund and the National Trustees c Upon receipt of payment from a Signatory Employer the Trustees of the Insurance Fund shall remit to the National Trustees the pension contributions collected by the Trustees of the Insurance Fund for the most recent pay period together with a list of JOURNEYPERSONS and apprentices for whom pension contributions have been received and are covered hereby and t 38 number of hours andor days worked by each JOURNEYPERSON and apprentice during the applicable period d To the extent that i any contribution schedule applicable to Association members adopted by the trustees of the International Union of Painters and Allied Trades Union and Industry National Pension Fund is greater than the contribution rate that was otherwise in effect under the collective bargaining agreement for the remainder of its term or ii any Employer under this Agreement becomes subject to the automatic Employer surcharge under Section 432 of the Internal Revenue Code or any excise tax penalty fee other surcharge or other amount relating to the funding of the Pension Fund including those under Section 4971g of the Internal Revenue Code but not including interest liquidated damages or other amounts owed as a consequence of failing to make timely remittance of contributions to the Pension Fund then the Parties shall meet and reach an agreement to pay for any additional contribution andor surcharge amounts excise taxes penalties fees or other amounts that such Employer is required to pay within the economic parameters of the Trade Agreement Any future increases to the Pension Fund contributions shall be taken out of the economic package agreed to in this Agreement Art XX Sec 6A Finishing Trades Institute of New York and the International Union of Painters and Allied Trades Finishing Trades Institute a For the duration of this Trade Agreement and any renewals or extensions thereof the Signatory Employers and any Employer as defined in the Agreement and Declaration of Trust between the Union and the Association of Master Painters and Decorators of New York Inc agree to make payments to the Finishing Trades Institute of New York the Apprenticeship and Training Fund and further agree to make payments to the International Union of Painters and Allied Trades Finishing Trades Institute established under an Agreement and Declaration of Trust All of the aforesaid payments shall be made in such amounts as set forth in the following subsection b and as set forth in the schedules of wages and contributions in this Trade Agreement b Contributions i For each hour worked or portion thereof for which a JOURNEYPERSON or apprentice receives pay the Signatory Employer shall make a contribution to the Apprenticeship and Training Funds in the amount set forth in the schedule of wages and benefit contributions in this Trade Agreement ii For each hour worked or portion thereof for which a JOURNEYPERSON or apprentice receives pay the Signatory Employer shall make a contribution to the International Union of Painters and Allied Trades Finishing Trades Institute in the amount set forth in the schedule of wages and benefit contributions in this Trade Agreement Such payments shall be made in the manner and form as shall be determined by the Trustees of the International Union of Painters and Allied Trades Finishing Trades Institute iii For the purposes of this Article contributions shall be paid for each hour a JOURNEYPERSON or apprentice receives pay including hours attributable to show up time 39 and other hours for which pay is received by the JOURNEYPERSON or apprentice in accordance with this Trade Agreement iv Contributions shall be paid on behalf of any JOURNEYPERSON or apprentice including probationary employees starting with hisher first hour of employment in a job classification covered by this Trade Agreement v The Employer hereby irrevocably designates as its representatives on the Board of Trustees of the IUPAT Finishing Trades Institute such Trustees as are now serving or who will in the future serve as Employer Trustees together with their successors as provided for in the Agreement and Declaration of Trust vi The Union hereby irrevocably designates as its representatives on the Board of Trustees of the IUPAT Finishing Trades Institute such Trustees as are now serving or who will in the future serve as Union Trustees together with their successors as provided for in the Agreement and Declaration of Trust vii The Parties hereto further agree to be bound by all of the lawful actions taken by the Trustees of the IUPAT Finishing Trades Institute in accordance with and pursuant to the Agreement and Declaration of Trust Art XX Sec 6B Painting Industry Insurance Fund a For the duration of this Trade Agreement and any renewals or extensions thereat the Signatory Employers agree to make payments to the Insurance Fund under an Agreement and Declaration of Trust as amended thereafter from time to time the terms of which are herein specifically incorporated by reference for contributions in such amounts as are set forth in the schedule of wages and benefit contributions in this Trade Agreement and to be bound by said Agreement and Declaration of Trust as though they had actually signed the same b The Signatory Employers hereby irrevocably designate as their representatives on the Board of Trustees of the Insurance Fund such Trustees as are now serving or who will in the future serve as Employer Trustees together with their successors as provided for in the Agreement and Declaration of Trust establishing the Insurance Fund c The Union hereby irrevocably designates as its representatives on the Board of Trustees of the Insurance Fund such Trustees as are now serving or who will in the future serve as Union Trustees together with their successors as provided for in the Agreement and Declaration of Trust establishing the Insurance Fund d The Parties hereto further agree to be bound by all of the lawful actions taken by the Trustees of the Insurance Fund in accordance with and pursuant to the Agreement and Declaration of Trust establishing the Insurance Fund e An Association Employer may by making the required payments into the Fund cover such other of his employees as he may elect and provided such coverage is in compliance with law and the Agreement and Declaration of Trust Agreement so that the Agreement permits participation agreements for Employers office staff 40 f The Parties agree that if the Patient Protection and Affordable Care Act or any future governmental healthcare reform requires i any payment by contributing Employers for some or all of the benefits already provided for in the Insurance Fund to participants or ii any contributing Employers to pay any excise or other tax penalty including without limitation assessable Payments under Internal Revenue Code Section 4980H and the regulations and guidance thereunder fee or other amount relating to or resulting in whole or in part from the eligibility or premium requirements of or the level of benefits provided by the Insurance Fund or otherwise relating to the Insurance Fund the Parties shall meet and reach an agreement to either i revise the plan of benefits under the Insurance Fund so that such excise or other tax penalty including without limitation assessable payments fee or other amount are not payable or ii pay for such excise or other tax penalty including without limitation assessable payments fee or other amount within the economic parameters of the Trade Agreement Art XX Sec 6C Painting Industry Annuity Fund a For the duration of this Trade Agreement and any renewals or extensions thereof the Signatory Employers agree to make payments to the Painting Industry Annuity Fund under an Agreement and Declaration of Trust as amended thereafter from time to time the terms of which are herein specifically incorporated by reference for contributions in such amounts as are set forth in the schedule of wages and benefit contributions in this Trade Agreement and to be bound by said Agreement and Declaration of Trust as though they had actually signed the same b The Signatory Employers hereby irrevocably designate as their representatives on the Board of Trustees of the Painting Industry Annuity Fund such Trustees as are now serving or who will in the future serve as Employer Trustees together with their successors as provided for in the Agreement and Declaration of Trust establishing the Painting Industry Annuity Fund c The Union hereby irrevocably designates as its representatives on the Board of Trustees of the Painting Industry Annuity Fund such Trustees as are now serving or who will in the future serve as Union Trustees together with their successors as provided for in the Agreement and Declaration of Trust establishing the Painting Industry Annuity Fund d The Parties hereto further agree to be bound by all of the lawful actions taken by the Trustees of the Painting Industry Annuity Fund in accordance with and pursuant to the Agreement and Declaration of Trust establishing the Painting Industry Annuity Fund Art XX Sec 7 Finishing Industries LaborManagement Partnership a For the duration of this Trade Agreement and any renewals or extensions thereof the Signatory Employers and any Employer as defined in an Agreement and Declaration of Trust establishing the Finishing Industries LaborManagement Partnership LMP agree to make payments to LMP for the JOURNEYPERSONS and apprentices covered by this Trade Agreement and to be bound by and to said Agreement and Declaration of Trust The Association of Master Painters and Decorators of New York Inc agrees to submit ten cents 010 per hour to the LMP 41 b Contributions For each hour worked or portion thereof for which a JOURNEYPERSON or apprentice receives pay the Signatory Employers shall make a contribution in the amount set forth in the schedule of wages and benefit contributions in this Trade Agreement For the purposes of this section contributions shall be paid for each hour a JOURNEYPERSON or apprentice receives pay including hours attributable to show up time and other hours for which pay is received by the JOURNEYPERSON or apprentice in accordance with this Trade Agreement c All contributions shall be made in the same manner as contributions are made to the other funds provided for in Art XX The Trustees shall have the authority to have an independent Certified Public Accountant audit the financial books and records of the Signatory Employer for the purpose of determining the accuracy of contributions to this fund Art XX Sec 8 District Council No 9 Political Action Together Political Committee Each employee may by written instructions direct the Trustees of the Insurance Trust to deduct from the JOURNEYPERSONs or apprentices vacation account one cent per hour of each hourly contribution made by the Signatory Employer to the JOURNEYPERSONs or apprentices account and remit same to the District Council No 9 Political Action Together Political Committee It is specifically understood and agreed by the Parties to this agreement that the Signatory Employers have no involvement whatsoever with the establishment or operation of this program The Trustees responsibility hereunder is limited solely to facilitating the collection and remission of such amounts to the DC 9 PAT Art XX Sec 9 International Union of Painters and Allied Trades Political Action Together Political Committee Authorization Each Signatory Employer shall agree to deduct from every JOURNEYPERSONs or apprentices wages in the amount set forth in the schedule of wages and benefit contributions in this Trade Agreement per hour and to pay same as a contribution to the International Union of Painters and Allied Trades Political Action Together Fund Each Signatory Employer agrees to honor authorization for checkoff of political contributions from all JOURNEYPERSONS or apprentices and who supply such authorization in the form or such other similar form as the International Union of Painters and Allied Trades Political Action Together Fund shall deem acceptable Art XX Sec 10 Checkoff of Administrative Dues a Dues CheckOff System Every Signatory Employer hereby agrees to checkoff from the gross taxable wages defined herein as total wages vacation and Political Action Together contributions of each JOURNEYPERSON and apprentice employed by such Signatory Employer during the term of this Trade Agreement administrative dues in the amounts set forth in the Union Bylaws and any amendments thereto 42 b Administration of Dues CheckOff Upon receipt of payment from the Signatory Employer the Trustees of the Insurance Fund shall remit to the Union the entire amount of administrative dues collected by said Trustees for the most recent pay period together with a list of JOURNEYPERSONS and apprentices covered hereby for whom dues have been received and the number of hours worked by each during the applicable period The Trustees responsibility hereunder is limited solely to facilitating the collection and remission of such amounts to the Union c Employee Authorization At the time of the employment of any JOURNEYPERSON or apprentice the Signatory Employer will submit to each JOURNEYPERSON or apprentice a dues deduction authorization card in triplicate for hisher voluntary signature one copy of which is to be retained by the Signatory Employer one copy retained by the JOURNEYPERSON or apprentice and the other returned to the Union The form is to be supplied to the Signatory Employer by the Union d Signatory Employers Obligations The obligations of the Signatory Employers under subsection a above shall only be as to JOURNEYPERSONS and apprentices who have voluntarily signed a valid dues deduction and authorization card as referred to in subsection c above e Liability of the Trustees and Cost of Administration Sections 8 9 and 10 of Art XX are only for the convenience of the Union to better facilitate the collection of its administrative dues and the collection and remission of contributions to the District Council No 9 Political Action Together Political Committee and the International Union of Painters and Allied Trades Political Action Together Political Committee concurrently with collecting Signatory Employer Fringe Benefit Contributions Neither the Insurance Fund nor any of the fringe benefit funds to which contributions are required to be made under this Trade Agreement nor any of their Boards of Trustees or fiduciaries will incur any liability for any failure to collect any such administrative dues or contributions For its services the Union hereby agrees to reimburse the Insurance Fund for all reasonable costs of administration of the checkoff of administrative dues or the collection of contributions to the District Council No 9 Political Action Together Political Committee and the International Union of Painters and Allied Trades Political Action Together Political Committee and to indemnify and hold harmless the Funds their Trustees andor the other fiduciaries against any and all claims demands suits and liabilities that may arise out of such administration It is specifically understood and agreed by the Parties to this Trade Agreement that no Association nor any Signatory Employer has any involvement whatsoever with the establishment or operation of this program Art XX Sec 11 Industry Promotion Funds a Administration The Association of Master Painters and Decorators of New York Industry Promotion Fund shall be administered by the Association of Master Painters and Decorators of New York Inc The Association of Wall Ceiling and Carpentry Industries of New York Inc Industry Promotion Fund shall be administered by the Association of Wall Ceiling and Carpentry Industries of New York Inc The Window and Plate Glass Dealers 43 Association Industry Promotion Fund shall be administered by the Window and Plate Glass Dealers Association b Contributions For each hour worked or portion thereof for which a JOURNEYPERSON or apprentice receives pay the Signatory Employers shall make a contribution in the amount set forth in the schedule of wages and benefit contributions in this Trade Agreement Contributions shall be paid to either the Association of Master Painters and Decorators of New York Industry Promotion Fund the Association of Wall Ceiling and Carpentry Industries of New York Industry Promotion Fund or the Window and Plate Glass Dealers Association Industry Promotion Fund collectively the Industry Promotion Funds to be determined as follows i For drywall work performed in the historical geographic jurisdiction of Local Union No 1486 contributions shall be made to the Association of Wall Ceiling and Carpentry Industries of New York Industry Promotion Fund ii For glazing work performed under this Trade Agreement contributions shall be made to the Window and Plate Glass Dealers Association Industry Promotion Fund iii For all other work performed under this Trade Agreement contributions shall be made to the Association of Master Painters and Decorators of New York Industry Promotion Fund iv The painting industry promotion fund will increase subject to the following schedule a May 12019 040 b May 1 2020 045 c May I 2021 047 d May I 2022 049 e May 1 2023 052 c No AntiUnion Activity The Associations and their Employer members agree that no moneys collected by the Industry Promotion Funds shall be used for any antiunion activity or any actions detrimental to union membership d Liability of the Trustees and Cost of Administration Section 11 of Art XX is only for the convenience of the Associations to better facilitate the collection and remission of contributions to the Industry Promotion Funds concurrently with collecting Signatory Employer Fringe Benefit Contributions Neither the Insurance Fund nor any of the fringe benefit funds to which contributions are required to be made under this Trade Agreement nor any of their Boards of Trustees or fiduciaries will incur any liability for any failure to collect any such contributions For its services the Associations hereby agree to reimburse the Insurance Fund for all reasonable costs of administration of the collection of contributions to the Industry Promotion Funds and hold harmless the Funds their Tru tees andor lhe other fiduciaries against any and all claims demands suits and liabilities that may arise out of such admini ration It is J 44 specifically understood and agreed by the Parties to this Trade Agreement that the Union does not have any involvement whatsoever with the establishment or operation of this program Art XX Sec 12 Wages Fringe Benefits Hours Travel Subsistence and Working Conditions a Every Signatory Employer when working in the jurisdiction of a District Council or Local Union affiliated with the ntemational Union of Painters and Allied Trades where the projects are located shall with respect to employees hired from within said jurisdiction make contributions on behalf of such employees to all pension health welfare apprenticeship and training funds and other fringe benefit funds provided for in the collective bargaining agreement currently in effect between said District Council or Local Union and area contractors For all JOURNEYPERSONS and apprentices a Signatory Employer employs on a job outside the Unions territorial jurisdiction the Signatory Employer shall make such contributions to their home area fringe benefit funds as are provided for in the collective bargaining agreement of the employees home area District Council or Local Union b For the foregoing purpose the Signatory Employers hereby i Agree that such contributions shall be made at the rate in the manner and under the terms and conditions specified in the applicable Collective Bargaining Agreement ii Agree that where the International Union of Painters and Allied Trades Union and Industry National Pension Trust Fund is applicable contributions shall be made in the manner and under the terms and conditions specified in the Standard Form of Participation Agreement issued by the National Trustees iii Agree to be bound to all Trust Agreements or other Trust Documents establishing said fringe benefit funds iv Irrevocably designate as their representative on the Boards of Trustees of said Funds such Trustees as are presently serving pursuant to said Trust Agreements or other Trust Documents as Union and Employer Trustees together with their successors selected in the manner provided in said Trust Agreements or other Trust Document and v Agree to be bound by all actions of said Boards of Trustees pursuant to the said Trust Agreements or other Trust Documents Art XX Sec 13 IUPAT Central Collections Unit Signatory Employers shall with respect to any and all contributions or other amounts that may be due and owing to the IUP AT and its related or affiliated Funds or organizations including but not limited to the IUP AT Industry Pension Plan the IUP AT Industry Annuity Plan the IUP AT Joint Apprenticeship and Training Fund the Finishing Industries LaborManagement Partnership the IUPAT Political Action Together and any and all other affiliated International organizations as they may be created or established in the future upon receipt of a written directive to do so by the affiliated Funds and organizations make all required payments either directly or through an intermediate body to the Central Collections Unit of the International Union and its affiliated Funds and organizations Such contributions shall be submitted on 45 appropriate forms in such format and with such information as may be agreed to by Central Collections Art XX Sec 14 ADR of Workers Compensation Claims The Parties agree to explore the establishment of an alternative dispute resolution program for the resolution of workers compensation claims Art XX Sec 15 Job Target Fund The Parties agree to explore the establishment of a Job Target Fund by way of Employer contribution as part of their efforts to maintain the competitiveness of the industry Art XX Sec 16 The Parties direct the health fund trustees to continue to explore all appropriate efforts to achieve health fund savings each year through various techniques such as rebidding vendor contracts limiting the hospitalprovider network etc while continuing to ensure quality care ENFORCEMENT OF ARTICLE XX Art XXI Sec 1 Payments a All Art XX Fringe Benefit Contributions shall be made at such times and in such manner as the Boards of Trustees collectively the Trustees andor the National Trustees shall prescribe in accordance with the applicable Trust Agreement as amended from time to time The Signatory Employers agree that the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll records payroll tax returns cash disbursements records bank statements vendor invoices and any and all union reports for all other trades wages and general ledger of any Signatory Employer for the purpose of determining the accuracy of such contributions provided however that the compensation and social security number of senior management of the Signatory Employer may be redacted from all such records Senior management shall be defined as any officer director partners or owners The independent Certified Public Accountant shall have the authority to audit in addition to the documents and information set forth in the preceding paragraph corporate tax information relating to a Signatory Employer or its affiliated entities in the event that such independent Certified Public Accountant in his professional judgment determines that it is necessary to review such documents and information for the purpose of determining the accuracy of the Signatory Employers Art XX Fringe Benefit Contributions and such independent Certified Public Accountant provides the Signatory Employer in writing with an advance explanation of the reasons for such determination All documents and information furnished by the Signatory Employer in connection with such audit shall be treated as confidential and shall not be disclosed to any third parties except as may be necessary to enforce the Signatory Employers obligation with respect to the Fringe Benefit Funds under this Trade Agreement Unless otherwise provided by the Trustees payments for all fringe benefit contribution vouchers must be made by certified or bank checks No cash currency personal or business checks shall be accepted except by Signatory Employers in good standing of a recognized Association or other Signatory Employers who shall be able to pay with regular business account checks on a New York State licensed bank with a branch located in the geographic jurisdiction of thi Trade J 46 Agreement If any Signatory Employer shall have its check dishonored then this privilege shall be withdrawn b For the purpose of this Article Article XX and Article XXII each hour worked and paid for including hours attributable to show up time and other hours for which pay is received by a JOURNEYPERSON or apprentice in accordance with this Trade Agreement shall be counted as hours for which Art XX Fringe Benefit Contributions are payable c Art XX Fringe Benefit Contributions shall be paid on behalf of any JOURNEYPERSON or apprentice including but not limited to probationary employees starting with hisher first day of employment in a job classification covered by this Trade Agreement d The failure of an Employer to make fringe benefit contributions or pay interest liquidated damages or fees related thereto as provided for in this Article and Article XXII and Article XX shall be attributed to any officer stockholder partner or proprietor in actual control of said Employer and execution of this Trade Agreement by any such person shall bind said person individually to the terms and conditions set forth herein A default in payment of any fringe benefit contributions or pay interest liquidated damages or fees related thereto due pursuant to this Article and Article XX and Article XXII shall follow said officer stockholder partner andor proprietor into any succeeding enterprise entered into by said person Where the Trustees determine that an Employer is being operated in the name of a nominee family member successor entity or alter ego of an individual actually controlling the Employer the Trustees may consider any default of the obligations set forth in such Articles to be the default of said controlling individual e Art XX Fringe Benefit Contributions Payment Method Signatory Employers must make Art XX Fringe Benefit Contributions under the Electronic Voucher System The amount of the security payment shall be 1000000 Benefit contributions are considered assets of the respective Funds and become vested plan assets when they become due from the Employer whether or not they have been paid to the Funds and title to all money paid to or due and owing the Funds vests and exclusively remains in the Trustees of the Funds The Employer shall have no legal or equitable right title or interest in or to any sum paid by or due from the Employer and such contributions constitute a trust fund f Regardless of the ability or inability of a Signatory Employer to pay its required Fringe Benefit Contributions the Signatory Employer shall be required to submit remittance reports weekly and the Bargaining Parties recommend that the trustees create an option for Employers to make fund payments and submit remittance reports electronically The failure to submit such reports will subject the Signatory Employer to fines by the Joint Trade Committee Art XXI Sec 2 Penalties a The required Art XX Fringe Benefit Contributions constitute a consideration for entering into this Trade Agreement and constitute its very essence Failure by any Signatory Employer to pay to the Trust Funds amounts due under this Trade Agreement hall be deemed a breach of this I 47 Trade Agreement and thereupon a termination notice shall be served by the Trustees upon the Union In such event the Union must enforce the foregoing and following provisions relating to payment to the Trustees In the event a Signatory Employer fails to make the required payments or reports for more than fortyeight 48 hours after such notice of termination the Union must order its JOURNEYPERSONS and apprentices to cease work on all the delinquent Employers projects until all required payments andor reports have been rendered Such Signatory Employer must pay all such JOURNEYPERSONS and apprentices for all time lost not to exceed one 1 week of wages per JOURNEYPERSON or apprentice b If a Signatory Employer fails to make contributions to the Pension Fund within the date required by the National Trustees or fails to make any other Art XX Fringe Benefit Contributions when due in a timely manner pursuant to this Trade Agreement the Union shall have the right to take whatever steps are necessary to secure compliance with this Trade Agreement notwithstanding any other provisions hereof to the contrary The Signatory Employer shall be liable for all costs of collection of the payments due together with attorneys fees and such penalties as may be assessed by the Trustees andor National Trustees as set forth in Art XXII Sec 2a b c and d The Signatory Employers liability for payment of Pension Fund Contributions under this Trade Agreement shall not be subjet to or covered by the grievance or arbitration procedure in Articles XII and XIII nor the no strike clause set forth in Art XIV c Any job action taken by the Union pursuant to the procedures in foregoing Article XXI Sections 2a and b shall not be covered by the no strike clause set forth in Article XIV The Union shall suffer no liability for ordering its members to cease work upon demand from the Trustees and each Signatory Employer expressly waives any right it may have to bring suit for damages or other relief against the Union for breach of the nostrike clause in the event the Union orders its members to cease work after demand from the Trustees Art XXI Sec 3 Qualification for Income Tax Deductions Each of the Trust Funds set forth in Article XX which are intended to qualify under the Internal Revenue Code shall at all times conform with the currently applicable requirements of the Internal Revenue Code so as to enable each Signatory Employer at all times to treat Art XX Fringe Benefit Contributions as a current deduction for income tax purposes In the event that an Art XX Fringe Benefit Contribution is not currently deductible the Signatory Employer shall not be required to make such payment BONDS DAMAGES FEES AND INTEREST Art XXII Sec 1 Bonds a Security The Signatory Employer shall provide security to the Trustees for the faithful performance by it of the requirements under this Trade Agreement for the payment of Signatory Employer Benefit Contributions liquidated damages interest attorneys fees costs of collection and other monetary obligations under this Trade Agreement The Trustees shall be entitled to retain any interest that accrues on such security during the time such security is deposited with the Trustees b Form of Security Such security deposited with the Trustees shall be in the form of cash surety bond acceptable to the Trustees or other security acceptable to the Trustees 48 c Amount of Security The amount of security which the Signatory Employer is required to deposit with the Trustees under the voucher system shall be 1000000 The security provided in accordance with the foregoing shall be available to satisfy any delinquency in Article XX Fringe Benefit Contributions and any interest or liquidated damages resulting from such delinquency In the event that a former Signatory Employer does not report any work covered by this Trade Agreement or its successor for a two year period and such Employer refuses or fails to make records available to the Certified Public Accountant as described in Article XXI Section la the entire amount of such Employers security shall apply and be paid to the Fringe Benefit Funds in proportion to their respective contribution rates to the Signatory Employers credit d If at any time a Signatory Employers security on deposit with the Trustees shall for any reason be in an amount less than the amount required by this Section the Signatory Employer shall immediately deposit with the Trustees additional security so that the Signatory Employers security on deposit shall at all times comply with this subsection e The Trustees shall not accept any surety bond or other noncash collateral from any Signatory Employer who shall have failed in the past to make payment of any sums found by the Trustees or National Trustees to be due under this Trade Agreement or under any prior Trade Agreement In such cases compliance with the security requirements hereof shall be by cash deposit only t Additional Security In the event the Trustees determine that a Signatory Employer is guilty of violating any provision of this Trade Agreement or in the event the Trustees bring suit against a Signatory Employer to collect unpaid Art XX Fringe Benefit Contributions or interest liquidated damages or fees related thereto the Signatory Employer shall provide additional security in such form and amount as the Trustees shall determine The Trustees may but are not required to assess such additional security iri an amount no less than the amount of the Signatory Employers potential existing or future liability to the Trustees Any additional security required pursuant to this subsection shat I be deposited with the Trustees who are authorized to pay out of such security any sums found by the Trustees to be due for unpaid Art XX Fringe Benefit Contributions liquidated damages interest attorneys fees or other costs of collection Art XXII Sec 2 Damages Interest and Fees a Liquidated Damages Time is of the essence for the payment of Art XX Fringe Benefit Contributions The Parties recognize and acknowledge that the regular and prompt payment of Art XX Fringe Benefit Contributions by Signatory Employers is essential and that it would be extremely difficult if not impractical to fix the actual expense and damages which will result from a failure of a Signatory Employer to make the required Art XX Fringe Benefit Contributions in full within the time provided and without becoming delinquent Therefore the Parties agree that if the required Art XX Fringe Benefit Contributions shall become delinquent the amount of damage resulting from any such delinquency shall be by way of liquidated damages and not as a penalty a sum equivalent to 10 of the total Art XX Fringe Benefit Contributions required pursuant to this Trade Agreement for each failure to pay in full within the time provided in Art XX Sec 1 g for each pay period for which payments are required to be made unless a lawsuit is commenced to recover such contributions in which case the I liquidated damages shall be 20 of the requireontributions The liquidated damages so fixe and computed shall be added to and become a part of the Signatory Employers required Art XX Fringe Benefit Contribution due to any of the Trustees Notwithstanding the foregoing no Signatory Employer shall be assessed liquidated damages if a delinquency is cured within 29 days from the date from which contributions were due b Interest If the required Art XX Fringe Benefit Contributions of a Signatory Employer become delinquent in addition to the amount assessed as liquidated damages interest shall be added to the obligation of the delinquent Signatory Employer calculated monthly at the annual rate of the prime rate plus 20 which shall be calculated based upon the sum of all Art XX Fringe Benefit Contributions due for the period for which the Signatory Employer is delinquent starting with the first day of delinquency Notwithstanding the foregoing no Signatory Employer will be charged interest if a delinquency is cured within 8 days from the date from which contributions were due c Attorneys Fees and Cost of Collection If the required Art XX Fringe Benefit Contributions become delinquent in addition to the amount due as liquidated damages and interest as provided for in the preceding subsections a and b there shall be added to the obligation of the delinquent Signatory Employer all reasonable expenses incurred by the Trustees in the collection of any delinquency liquidated damages and interest including but not limited to i reasonable attorneys fees ii accountants fees iii cost of attachment and execution iv bond v receivers and vi court costs d All liquidated damages interest and any other costs and assessments due and received from a delinquent Signatory Employer shall be paid to and received by the Trustees Art XXII Sec 3 Trust Fund Hearing a Signatory Employer Request Should a Signatory Employer after an audit held by the Trustees be subject to an assessment of additional Art XX Fringe Benefit Contributions the Signatory Employer shall be entitled on request to a hearing before the Trustees or a properly appointed subcommittee thereof At such hearing the Signatory Employer shall be given an opportunity to present all available facts and shall be subject to open examination thereon so that the Signatory Employer may establish an actual lower direct labor cost such that a readjustment of the basis for the calculation of the Signatory Employers Fringe Benefit Contributions due to the Trustees is warranted At such hearing the Trustees shall consider the recommendation of the Funds auditors and any proof that the Signatory Employer may offer The decision of the Trustees after such hearing shall be final and binding b Failure to Request Hearing If after an audit and a final assessment of further contributions due the Signatory Employer fails within twenty 20 days after written notice thereof given by the Trustees to request in writing a hearing before them as provided in the preceding subsection a the Signatory Employer shall be deemed conclusively to have consented thereto with no further recourse CONDITIONS Art XXIII Sec 1 In the event that the Union enters into a contract or contracts or enters into renewals or modifications of a contract or contracts with any Employers performing the work 50 covered by this Trade Agreement which contain new or revised economic terms or other conditions effective on or after May 31 2000 which economic terms or other conditions are more favorable to such Employers than the terms contained in this Trade Agreement the Union shall immediately notify the Association of such more favorable terms and the Association and all its members shall be entitled to and may have the full benefit of any and all such more favorable terms upon notification to the Union The Union shall also provide written notice to the Association if it offers to any contractor that is not a member of the Association the terms set forth in the market recovery agreement referenced in Article I Sec 5J or the terms set forth in Article XVI Article XXVII Sec 4c andor Art XXVII Sec 5 of this Trade Agreement This section does not apply to any agreements entered into by the Union on behalf of Local Union No 1456 This section does not apply to Project Labor Agreements Art XXIII Sec 2 JOURNEYPERSONS and apprentices shall not work for Employers who are not in contractual relations with the Union or any other council or local union affiliated with the LUPAT it being understood that JOURNEYPERSONS and apprentices may work directly for the City and State of New York andor the Federal Government Contractual relations as used in this section shall mean a written agreement containing substantially all of the provisions of this Trade Agreement JURISDICTIONAL DISPUTES Art XXIV Sec 1 It is mutually agreed between the Parties hereto that in the event of disputes between Trades and disputes relative to questions of jurisdiction the Parties will abide by previous decisions as to jurisdiction published in The Green Book It is mutually agreed between the Parties hereto that disputes between Trades and disputes relative to jurisdiction of Trades not covered by decisions in the latest issue of the Green Book shall be adjusted in accordance with the principles of the New York Plan for the Settlement of Jurisdictional Disputes as set forth in the Joint Arbitrati0n Plan of the New York Trades as adopted on July 9 1903 and amended thereafter Pending determination of any dispute under the New York Plan for the Settlement of Jurisdictional Disputes as stated in the previous paragraph the members of the Union shall remain at work on the project without change in status NATIONAL LABOR RELATIONS ACT Art XXV Sec 1 Without recognizing the applicability of the National Labor Relations Act to the New York City Painting Industry or to the Building and Construction Industry the Parties agree that they will abide by the provisions of said Act and by any amendments thereto of general application or specifically applicable to the Building and Construction Industry or any other applicable statute Any and all provisions of this Trade Agreement which may be in conflict with said Act or amendments thereto or other applicable statute shall be deemed to be modified and amended accordingly so as to conform to and comply with said Act or any amendments thereto or other applicable statute 51 SA VIN GS CLAUSE Art XXVI Sec t In the event there is a change in the state or federal laws which affect any of the terms of this Trade Agreement the terms of this Trade Agreement shall be automatically modified or stricken in accordance with the change of the state or federal law as of the effective date of said change The modification or changes in the state or federal law shall not affect the validity of the balance of this Trade Agreement which is not in conflict with said change Further any provision of this Trade Agreement which provides for union security or employment in a manner and to an extent prohibited by any law or the determination of any governmental board or agency shall be and hereby is of no force or effect during the term of any such prohibition It is understood and agreed however that if any of the provisions which are hereby declared to be of no force or any restrictions imposed by law 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 such provision shall immediately become and remain effective during the remainder of the term of this Trade Agreement In the event that there shall be changes in applicable laws concerning the expansion or enlargement of union security they shall automatically be incorporated into the terms and conditions of this Trade Agreement and become effective during the remainder of its term In the event that any provision of this Trade Agreement shall be declared to be in violation of law the remaining provisions of this Trade Agreement shall continue in full force and effect Art XXVI Sec 2 The use of any terms in this Trade Agreement that may connote a masculine gender is intended to include all persons whether male or female and such usage is not intended to indicate any bias or discrimination in connection with membership in the Union or employment by any Association Employer WALLCOVERERS PRICE LIST GENERAL REGULATIONS Art XXVII Sec 1 Wages and Benefits a The Wage and Benefit package will be adjusted each year according to the current Agreement and commencing May 1 2019 shall be adjusted as follows i Effective May 1 2019 The the piece rates shall increase 114 and the hourly wage shall become 4540 The divisor shall be 39 11 Effective May 1 2020 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 40 iii Effective May 1 2021 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 41 1v Effective May 1 2022 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 42 52 v Effective May 1 2023 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 43 While the Parties have agreed upon the divisor for each year of the Agreement as indicated above and that the hourly rate for paper hangers shall be 4540 effective May 1 2019April 30 2020 the Parties have not yet determined what the hourly rate for paper hangers shall be for any other year of the Agreement because the allocation of the remaining economic package increases called for in Article III above has not yet been completed The Union agrees to make allocation decisions as quickly as possible before May 1 of each year but no later than 30 days before the effective date of that years economic package increase b The amount of the costofliving adjustment shall be determined and redetermined on the basis of the official New York City Consumer Price Index for Urban Wage Earners and Clerical Workers CPIW published by the US Department of Labor Bureau of Labor Statistics 1967 100 and referred to herein as the Index c Cost ofliving increases shall be determined as demonstrated in the example cited in Art III Sec11 C above d All jobs having paperhanging work shall be registered with the Union on the same fonn required for registering painting jobs e All wall coverers work shall be done by the piece according to this Price List except making samples of treatments for use by the Employer repairing stripping of wall covering preparatory work normally done by the JOURNEYPERSONS which shall be charged for at the hourly rate in effect at that time While the Parties have agreed that the hourly rate for paper hangers shall be 4540 effective May 1 2019April 30 2020 the Parties have not yet determined what the hourly rate for paper hangers shall be for any other year of the Agreement because the allocation of the remaining economic package increases called for in Article III above has not yet been completed The Union agrees to made allocation decisions as quickly as possible before May 1 of each year Art XXVII Sec 2 General Wallcoverer Regulations a Pay and Work Rules 1 No Association member nor any JOURNEYPERSON or apprentice may change the rates quoted herein 2 No Association member nor any JOURNEYPERSON or apprentice is allowed to establish a price for hanging any material not specified in this price list 53 3 Wallcoverers must be paid individually and weekly for the performance of work covered by this Trade Agreement 4 Walkovers must use a daily timesheet the text of which shall be agreed upon by the Parties 5 Where a dispute exists no wages may be withheld unless a complaint is filed with the Joint Trade Committee and is brought to the attention of District Council No 9 Only the amount in dispute shall be withheld and must be placed in escrow with the Joint Trade Committee pending settlement Such settlement shall be completed within a period of seven 7 days from the filing of the complaint 6 A Wallcovering SubCommittee of the Joint Trade Committee shall include a representative of the Wallcoverers Craft and a representative of the Association This SubCommittee shall adjust dispose of and settle all grievances complaints and any other problems of the Wallcovering Industry and determine prices of new material within fortyeight 48 hours after receipt of said grievance or complaint If the SubCommittee cannot resolve the matter within that time period it shall refer the matter to the Joint Trade Board 7 A Wallcoverers and apprentices are prohibited from subcontracting or lumping work Wallcoverers and apprentices shall not advertise to contract work Association members are prohibited from subcontracting work to Wallcoverers and apprentices B All hiring of wallcoverers must be done by the Association members but only through the Union in accordance with Art II C No wallcoverer other than a Union Business Representative is allowed to send other wallcoverers to any jobs In the event that a member of the Union sends another wallcoverer to a job the Union must take disciplinary action against the offending party 8 In the Bronx Brooklyn Manhattan and Staten Island all materials such as pasteboards pails wallcovering glue tacks ladders scaffolds and table legs shall be furnished and delivered to the job by the Association member 9 Wallcoverers kept waiting for materials ladders scaffold pasteboards etc or sent on work that is not ready shall receive the prevailing hourly wages Wallcoverers shall contact the shop before leaving from the job 10 Wallcoverers shall be responsible for their workmanship to guarantee a satisfactory job The Union will take joint responsibility with the Employer for adjusting problems relative to repairs or defective work even if the responsible wall coverer is no longer employed by the Employer 11 Wallcoverers are not responsible for goods hung over old wallpaper varnished waxed or enameled surfaces 12 54 A Failures caused by lack of lining shall not be the responsibility of the wallcoverers where such lining is willfully omitted by the Employer B Failures caused by lack of lining shall not be the responsibility of the Employer where such lining is willfully omitted by the wallcoverer 13 The standard work week and flexible hours shall be as set forth in Art IV Sec lA Sec lB and Sec 2A 14 The Apprentice Ratio shall be that set forth in Art VII Sec 5 of this Trade Agreement 15 On all quantity discountsized jobs as defined in Art XXVII Sec 4 a Job Steward shall be placed Such placement shall be made in conformity with Art IX above 16 JOURNEYPERSONS and apprentices shall submit time sheets to the Employer weekly indicating names of men including apprentices working on a job and the dates worked 17 The pay scale for registered wallcoverer apprentices shall be based on a percentage of the applicable painter hourly rate as set forth in Art III Sec 1 The apprentice percentage rate of pay shall be as provided for in Art VII Sec 1 Apprentice hours worked and the percentage rate as provided in Art VII Sec 1 are to be shown on all time sheets submitted for payment 18 The Union shall appoint Shop Stewards in all shops having a wallcoverers annual payroll over 80000 in the preceding calendar year 19 Wallcoverer Stewards shall be placed on all jobs of outoftown employers doing work in the jurisdiction of the Union 20 An agreement has been reached as to limiting weights of materials A Joint Committee shall survey the problem and determine maximum weights 21 Adhesive containers shall be four 4 or five 5 gallons depending on availability 22 Foremen shall receive pay in addition to their regular earnings depending upon the number of JOURNEYPERSONS on a job including the foreman in accordance with the following schedule 8 to 13 joumeypersons 14 to 19 joumeypersons 20 to 24 joumeypersons 25 or more journeypersons 1 hour 2 hours 3 hours 7 hours 23 Wallcoverers shall not deliver bulk materials from the sidewalk to a job site 24 A JOURNEYPERSON who distributes a business card with his name on it shall be deemed to be advertising to do contract work In such cases the Union must take disciplinary action against said JOURNEYPERSON and the distribution of these business cards must cease 55 25 Prices quoted herein are based on rolls eighteen 18 inches wide and eight 8 yards in length 26 Square yards measured are to be computed by multiplying the greatest length and width of any irregular shaped surface b Special Extra Charges 1 On all work the actual amount of goods required to cover a room etc shall be charged 2 On all plain goods 10 additional quantity shall be charged for shrinkage waste or trimming above square measure 3 On all figured goods the actual amounts of goods required to be cut shall be charged 4 Lining paper shall be charged in each instance in the same quantity as finished goods hung thereupon 5 For goods hung in a cove 50 over the actual amount of the goods required shall be charged 6 For materials hung with hazardous insoluble cements 50 over the actual amount of the goods required shall be charged For materials hung with nonhazardous insoluble cements there shall be no extra pay 7 For goods hung on a ceiling with a cove 063 sixtythree cents extra per yard over the actual amount of the goods required shall be charged for the entire ceiling 8 For goods hung on sandfinished walls or ceilings or on muslin 111 per roll 033 thirtythree cents per square yard over the actual amount of the goods required shall be charged 9 For goods cut to finish for ornamental work 20 over the actual amount of the goods required shall be charged 10 The lower part of a wall if it is decorated differently from the upper part and is less than five feet high shall be known as Dado 11 Where three 3 papers are used on walls in one room they shall be known as Frieze Wall and Dado Where two 2 papers are used on walls in one room the shortest of the two shall be Frieze or Dado The other shall be wall price 12 Goods required to be hung horizontally are to be charged the same price as Frieze or Dado 13 Definition of panels A panel is a surface on a ceiling or a wall surrounded by a molding whose area does not exceed 100 square feet A ceiling or wall which is cut up into panels a number of which is smaller than 100 square feet shall be classified as paneled ceiling or wall 56 14 For square round or decorative arches sinks washbasins doors per side electric and telephone box doors and in the bathrooms when area behind sink or commode is being papered and freestanding water coolers as per yearly price list 15 The charge for hanging wallpaper or other material in rooms where more than one wall has beams or coves and where ceiling and wall joins shall be as specified in column 2 of the wallcoverers price list provided that the beams are papered In rooms where beams are on one wall column 2 of the price list will apply to one wall only 16 The charge for hanging wallpaper or other material on columns only is to be specified in column 3 of the wallcoverers price list Window columns only when not attached to wall areas being covered will be specified in column 3 on wallcoverers price list 17 Horizontal Face boards up to twentyfour 24 inches in width shall be paid the piece rate plus 50 on material hung Graphics shall be paid on the basis of piece rate for material hung plus the hourly rate for lay out time 18 Where shelves moldings casings brackets switch plates etc are covered the wallcoverers hourly rate shall be charged in addition to material used 19 Any wall length four 4 feet or less in height shall be charged the same as in the 2nd column 20 Heights of seventeen 17 feet or more shall be paid for at 15 above wallcoverers price list This shall not apply where there is a completely decked working platform 21 Dressing booths or coupon booths under forty 40 square feet floor area and where counters seats or mirrors are attached to walls shall be charged as indicated in the 3rd column of the wallcoverers price list 22 All items listed under cloth and vinyl returns one 1 inch or less as per yearly price list Art XXVII Sec 3 Wallcoverers Price List a All Wallcoverers overtime shall be paid on the basis of Wallcovercrs piece rate plus 50 of that piece rate b Wallcoverers Price List The only price list contained in this Agreement is the one effective from May 1 2019April 30 2020 This is because some of the prices on the list are keyed to the wage rate which for years other than May 1 2019April 30 2020 has not yet been set because the union has yet to determine the allocation of the economic package for those remaining years Once the allocation for future years has been made the price list will be amended each year based on that years wage rate The numbers for each years price list will be set by using the same calculations and formulas that led to the creation of the May 1 2019April 30 2020 price list WALLCOVERERS PRICE LIST 1 2 3 57 May 1 2019 April 30 2020 Wallpaper 1 Lining Paper proll 2 Wallpaper costing to 500 proll retail excluding hand prints 3 Wallpaper costing 501 to 1400 proll including all grass cloths silver gold coated grass cloths Wallpaper costing 1400 or over proll retail including Flocks Tech Metal Foil Timbertone 4 Japanese Gold or Wood in Sheets Sectional Papers Posters Blueprints etc up to 9 sq ft Lapped Butted 5 Scenery Papers or Landscape to 44 in width per strip 6 Section Scenic regardless of size pstrip 7 Plain Paper filler pstrip on same wall as scenic 8 Hand Painted or Water Color Scenics up to 44 in width costing in excess of 6000 pstrip retail Wood Veneer on Canvas 1 Plain Work Panels Stairways Columns Wall Space 737 1378 1849 477 740 3528 1791 1791 5389 Ceilings Dadoes wall wbeams psquare foot 1 91 2 Stiles Casings Door frames Arches and around panels with or without moldings any width under 12 prunning foot 1 91 Ceilings Gable Walls walls w stairs walls wcoves Beams Friezes Mailrooms Dadoes Panels 815 1525 1953 631 857 Blancharized Vinylite Suede Backed Vinyl RigiWall and Similar Type Materials 1 Walls Ceilings Panels Dadoes Stairways Columns psquare foot 169 2 Stiles Casings Door frames Arch and Secret doors and around panels with or without 169 moldings any width under 12 prunning foot over 18 heavy Cork up to 18 wt 58 Ceiling only Bathrooms Toilets Closets Kitchens Pantries Columns Spiral Stairways 915 1754 2398 736 964 Per square foot Forbo Photo Murals Per square foot Striated or Sculpted Plastic Per roll Borders light wt 153 339 178 5017 211 5389 5802 A All borders styles and extensions are to be charged by the yard Friezes over 9 in width are to be charged proportionally B Nursery and scenery borders in sheets 50 extra When laid out in panels double the price C Forming panels of striped paper by using strips of the wallpaper at the top and bottom each cap 116 and 093 cents per miter D Cutting out border to be charged at wallcoverers hourly rate No extra charge for straight cuts E Borders etc hung in coves 50 extra F From l to 9 per running yard 1 Paper 2 Printed Vinyl 3 Solid Vinyl Felt or Hand prints Stiles From 1 to 9 per running yard I Paper 2 Vinyl Felts or Hand prints Cloth and Vinyl 1 All Fabrics Felt Eg FilzFelt and similar products Textiles natural or synthetic regardless of backing or unbacked Tufted Materials Fabric backed Cork psquare yard 2 Woven Paper per square yard 3 Cloth backed Foil per roll 4 Oil Painting Hand Painted Canvas per square foot 5 Stencil Decorated Glass or Sanded Canvas per square foot 6 Sheepskin or Natural Leather per square yard 7 Unfinished Canvas for Painting only per square yard 59 145 472 381 272 592 869 679 2278 224 118 1005 536 164 513 434 949 750 2635 275 140 1099 630 224 577 501 1021 821 2969 329 145 1486 682 8 Vinyl Canvas up to 13 oz per square yard Patterned Goods per roll 9 Vinyl over 13 oz to 245 oz and all hand printed vinyl paper or cloth backed regardless of weight per square yard Patterned Goods per roll 10 Vinyl over 255 oz Flocked or Metal faced Vinyl Flock on Foil paper or fabric backed regardless of weight per square yard Patterned Goods per roll 11 W alltalkers Coron Per square foot Fiberglass Per square yard Undercover Paper Polyester Lining psquare yard Fabric Track Systems t Installation track batting and fabric plinear ft 2 Installation of fabric only 3 Panel under 16 square foot to be charged at higher rate 595 2373 679 2728 750 2997 679 2728 750 2997 857 3431 750 2997 857 3431 1020 4018 Apply price of vinyl wallcovering by weight 126 679 536 750 630 To be determined by joint pricing committee of material 857 682 All Wallcoverers Overtime shall be paid on the basis of Piece Rate plus 50 of the Piece Rate All Benefits will be paid on Full Gross Pay Hours Divide 3900 into Full Gross Pay for hours Quick References Vinyl Vinyls Canvas up to 13 oz psquare yard Patterned Goods per roll Vinyls over 13 oz to 245 oz and all hand printed vinyl paper or cloth backed regardless of weight per square yard Patterned Goods per roll Fabric Up to 24 From 25 to 74 60 0 12 595 2373 679 2728 679 2728 750 2997 75 and over 1 Hour 750 2997 857 3431 All fabric Felt Eg FilzFelt and similar products textiles natural or synthetic regardless of backing or unbacked Tufted Materials Fabric backed Cork psquare yard Hourly Rate Returns to 24 12 oz Over24 12 oz Square round or decorative arches sinks washbasins doors per side electric and telephone box doors and in bathrooms when area behind sink or commode is being papered and free standing water cooler Art XXVII Sec 4 Quantity Discounts 869 4540 052 093 1083 949 1021 a All jobs having the quantities listed in this section must be registered with Union five 5 days before starting Wallcovcrcrs working on Quantity Discount jobs are to be limited to earning an amount not in excess of 80000 per job except the head wallcoverer who is not to be limited as to the amount of work or earning On all Quantity Discount jobs requiring over 4000 square yards of cloth andor material the Association member may employ an assistant head wallcoverer who is not to be limited as to the amount of work or earnings on said job It is understood that on all multiple jobs a wallcoverer Job Steward will be placed by District Council No 9 b W allcovering jobs requiring over 800 square yards of cloth andor material shall comprise a multiple discount job Lining paper shall not be subject to discount c The discount on piece rates for Association Employers that applies for jobs requiring over 800 square yards of cloth andor material where no paste machine is used shall be as follows Manhattan Bronx Kings Richmond Westchester and Putnam Counties Effective 5119 10 Effective 5120 10 Effective 5121 10 Effective 5122 10 61 Queens I Nassau Suffolk Counties 10 10 10 10 Effective 5123 10 10 Art XXVII Sec 5 Paste Machine a Association Employers shall have the right to utilize the paste machine beginning on May 1 2001 in accordance with this Section for quantities over 800 square yards b The discount on piece rates for all Association Employers where the paste machine is used shall be as follows Effective 5119 Effective 5120 Effective 5121 Effective 5122 Effective 5123 15 unrestricted use of the paste machine 15 unrestricted use of the paste machine 15 unrestricted use of the paste machine 15 unrestricted use of the paste machine 15 unrestricted use of the paste machine Art XXVII Sec 6 National Pension and Fringes Paperhangers Rate Wages HW Pension Annuity Vacation JATFDC9 JATFIUBAT LMCF PAT OMA Promo Total Benefit Package Total Taxable Dues Checkoff 1 Hr 5120194302020 Base Rate 4540 1122 1037 723 537 045 010 010 005 015 040 3544 5097 229 3773 Subsequent increases will be allocated by the Union to wages and benefits in a timely manner each year but no later than 30 days before the effective date of that years economic package increase Effective 0512022 and each year thereafter the Pension contribution called for in the Agreement shall increase by a minimum of 5 of the total negotiated increase to wages and benefits for that year Such increase shall be rounded up to the nearest penny a Each Association member will contribute to the IUPAT Union and Industry National Pension Fund in accordance with the rules of that fund sums of money for the period from May 1 2019 to April 30 2024 b Each Association members contribution to the Insurance Fund and Painting Industry Annuity Fund on behalf ofwallcoverers shall be from May 1 2019 to April 30 2024 c Voucher Hours are to be calculated by dividing gross wages by 3900 as of May 1 2019 4000 as of May 1 2020 4100 as of May 1 2021 4200 as of May 1 2022 4300 as of May 1 2023 v1 Effective May 1 2019 The the piece rates shall increase 114 and thehourly wage shall become 4540 The divisor shall be 39 vn Effective May 1 2020 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 40 v111 Effective May 1 2021 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 41 1x Effective May 1 2022 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 42 x Effective May 1 2023 The piece rates shall increase in proportion to the increase to the hourly wage after the Union makes its allocation The divisor shall be 43 d For the duration of this Trade Agreement and any renewals or extensions thereof each Association member agres to make payments to the IUPAT Union and Industry National Pension Fund for each wallcoverer covered by this Trade Agreement as follows i For the purpose of this Article each hour paid for including hours attributable to showup time and any other hours for which pay is received by the wallcoverer in accordance with this Trade Agreement shall be counted as hours for which contributions are payable ii Contributions shall be paid on behalf of any wallcoverer starting with hisher first day of employment iii The payments to the Pension Fund required above shall be made to the IUPAT Union and Industry National Pension Fund which was established under an Agreement and Declaration of Trust The Association and its members hereby agree to 63 be bound by the Agreement and Declaration of Trust as though they had actually signed the same e The Association on behalf of its members hereby irrevocably designates as its representative on the Board of Trustees such Trustees as are now serving or who will in the future serve as Employer Trustees together with their successors The Association and its members further agree to be bound by all actions taken by the Trustees pursuant to the Agreement and Declaration of Trust DURATION OF AGREEMENT Art XVIII The term of this Trade Agreement shall be for the period commencing May 1 2019 and ending April 30 2024 Negotiations for a new Trade Agreement shall commence not later than February 2 2024 During the life of this Trade Agreement neither party shall make any rules or bylaws conflicting with its provisions In witness whereof the Parties hereto have caused this Trade Agreement to be signed by their respective officers the day and year first above mentioned 64 sd ff International Union Painters and Allied Trades AFLCIO District Council No 9 of New J York BY PresidentDirector of Servicing Associatio11 of Master Painters and Decorators of New fork lnc BY Bruce Ruinsky Executive Director Association of Well Ceiling Carpentry Industries of New York lnc BY The Window and Plate GJass Dealers Association BY 65 President Executive Director 1 i In witness whereof the Parties hereto have caused this Trade Agreement to be signed by their i respective officers the day and year first above mentioned Riccardo Iaccarino Counsel 66 INDEX Page 48HOUR HEARINGS 19 ALLOCATION OF ECONOMIC PACKAGE 9 ANNUAL PAYROLL SHOP STEW ARDS 21 APPRENTICE RA TIO 17 APPRENTICE REGULATIONS 15 ARBITRATION HEARINGS 26 ASSOCIATION UNION COMMUNICATION 14 AWARDS 28 BONDS DAMAGES FEES AND INTEREST 49 BUILDING OWNERMANAGER UTILIZING ASSOCIATION MEMBER 9 CHECKOFF OF ADMINISTRATIVE DUES 44 CONDITIONS 52 COST OF LIVING ADJUSTMENT 11 DAILY TIME SHEETS W ALLCOVERERS 54 DISTRICT COUNCIL NO 9 POLITICAL ACTION TOGETHER POLITICAL COMMITTEE 43 DURATION OF AGREEMENT 64 DUTIES SHOP STEWARDS 21 ELECTRONIC VOUCHER SYSTEM 38 ENFORCEMENT OF ARTICLE XX 47 FINES AND PENAL TIES 28 FINISHING TRADES INSTITUTE OF NEW YORK IUPAT FINISHING TRADES INITITUTE 40 FINISHING TRADES LABORMANAGEMENT PARTNERSHIP 43 FOREMEN W ALLCOVERERS 56 FOREMEN 11 FRINGE BENEFIT CONTRIBUTIONS 36 67 1Z GENERAL W ALLCOVERER REGULATIONS 54 GRIEVANCES AND DISPUTES EMPLOYEES 23 HEALTH AND SAFETY RULES 34 HEALTH AND SAFETY GENERAL PROVISIONS 33 HEARING PROCEDURES 26 HIRING PROCEDURES 6 HOLIDAYS 13 INDEX 67 INDUSTRY PROMOTION FUNDS 45 INJURIES 35 INSURANCE 36 IUPAT PENSION FUND 39 JOB REGISTRATION 22 JOB STEW ARDS 19 JOINT TRADE BOARD 24 JOINT TRADE COMMITTEE AND JOINT TRADE BOARD 24 JOINT TRADE COMMITTEE 24 JURISDICTION RECOGNITION SCOPE OF WORK I JURISDICTIONAL DISPUTES 52 JURISDICTIONAL WORK RULES 14 LA YOFFS 10 MAINTENANCE OF WORK 2 MAINTENANCE RA TES 2 MOST FAVORED NATIONS CLAUSE 52 NATIONAL LABOR RELATIONS ACT 52 NATIONAL PENSION AND FRINGES W ALLCOVERERS 63 NEW YORK CITY EARNED SICK AND SAFE TIME ACT WAIVER 10 NONPAYMENT OR SHORTAGE OF WAGES OR FRINGE BENEFITS 20 NONDISCRIMINATION 4 OBLIGATIONS OF THE PARTIES 3 OSHA TRAINING 36 68 OUT OF JURISDICTION WORK 14 OVERTIME AND OVERTIME PERMITS 13 OVERTIME VIOLATIONS 14 OWNERMEMBER RULE 6 PAINTING INDUSTRY ANNUITY FUND 42 PAINTING INDUSTRY INSURANCE FUND 41 PASTE MACHINE WALLCOVERERS 62 PAPERHANGER HOURLY RA TE 63 PAYMENT OF WAGES 18 PAYMENTS ENFORCEMENT OF ARTICLE XX 47 PENAL TIES ENFORCEMENT OF ARTICLE XX 49 PROCEDURES 25 PROTECTIVE EQUIPMENT 34 QUANTITY DISCOUNTS W ALLCOVERERS 62 REMITTANCE REPORTS 38 REMOVAL OF JOB STEWARDS 19 REMOVAL OF SHOP STEWARDS 21 RULES AND REGULATIONS 25 SA VIN GS CLAUSE 53 SCAFFOLDS 36 SCHEDULE OF FINES 29 SECURITY AND DRUG ALCOHOL TESTS 34 SHOP STEW ARD REPORTS 21 SHOP STEWARD REPORTS FRINGE BENEFIT CONTRIBUTIONS 39 SHOP STEWARDS 21 SIGNATURE PAGE 65 STANDARD WORK WEEK 12 STEWARDS COMMITTEE 22 STRIKES AND LOCKOUTS 31 SUBCONTRACTS 32 SUPREMACY CLAUSE 4 69 10 TERRITORIAL JURISDICTION 3 t THREE HUNDRED FIFTY HOUR RULE 6 TIME FOR STEWARDS DUTIES 22 TRUST FUND HEARING 51 UNIFORMS 35 UNION REPRESENTATIVES 23 UNION MEMBER NONCOMPETE 5 USE OF NONUNION EMPLOYEES 19 USE OF SPRAY AND PASTE MACHINES 33 VIOLATIONS 39 WAGES APPRENTICES 15 WAGESDRYWALL FINISHING RATES 9 WAGES JOURNEYPERSONS 6 WAGES AND BENEFITSDIVISOR WALLCOVERERS 53 W ALLCOVERING 10 WALL COVERER APPRENTICE BILLS 17 WALLCOVERERS PRICE LIST 58 WALLCOVERERS PRICE LIST AND GENERAL REGULATIONS 53 WHISTLEBLOWER PROTECTION 5 WORK OUTSIDE GEOGRAPHIC JURISDICTION 14 WORKING CONDITIONS 12 70