AGREEMENT
between
THIE ASSOCIATION OF WALL-CEILING & CARPENTRY
INDUSTRIES OF NEW YORK, INCORPORATED
and
THE DISTRICT COUNCIL OF NEW YORK
CITY AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA
July 1,2017 -June 30,2024
TABLE OF CONTENTS
Article Page
I. Objectives 1
II. Association Authorization 1
III. Jurisdiction 2
IV. Union Recognition 11
V. Union Security 12
VI. General Foreman – Foreman Hiring Schedule 13
VIL Job Referral System and Non Discrimination Clause 16
VIII. Lumping Prohibited 18
IX. Geographical Jurisdiction 19
X. Joint Venture 20
XI. Hours-Holidays-Overtime 20
XII. Wages 24
XIII. Grievance and Arbitration Procedure 29
XIV. Hardship and Advisory Committee 30
XV. No Strike – No Lockout 31
XVI. Validity 32
XVII. Funds 32
XVIII. Bonding 40
XIX. Miscellaneous Conditions 41
XX. Promotional Fund 49
XXI. Expiration Clause 51
XXII. Retroactivity 51
XXIII. Effectuating Clause 52
AGREEMENT made and entered into this day of July 2019
and effective as of July 1, 2017, between:
THE ASSOCIATION OF WALL-CEILING & CARPENTRY
INDUSTRIES OF NEW YORK, INCORPORATIED
ON BEHALF OF ITS MEMBERS’ FIRMS
HEREIN REFERRED TO AS
(THE “TRADE ASSOCIATION” and/or THE “EMPLOYER”)
and the
DISTRICT COUNCIL OF NEW YORK CITY AND
VICINITY OF THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA
HEREIN REFERRED TO AS
(THE “UNION” and/or THE “DISTRICT COUNCIL”)
ARTICLE I
Objectives
‘This Agreement is entered into to prevent strikes and lockouts, to promote labor
peace and facilitate the peaceful adjustment of grievances and disputes between the
Employer and the Union and its members; to prevent waste, unnecessary and avoidable
delays, to the Employer of cost and expense and to the employees covered hereby. To
enable the Employer to secure at all times sufficient forces of skilled workmen to provide as
far as possible for the continuous employment of labor; to provide that employment
hereunder shall be in accordance with conditions and at wages and fringe benefits herein
agreed upon, and by reason of this agreement and the purposes and intent thereof, to bring
about stable conditions in the industry, keep costs of work in the industry as low as possible,
consistent with fair wages and fringe benefits and proper working conditions, as provided for
hereunder.
ARTICLE II
Association Authorization
Section 1. The parties acknowledge that the Trade Association, party to this Agreement,
has provided the Union with a list of its members who have designated the Trade
Association as its bargaining agent, and who have agreed to be bound by the terms and
conditions of this collective bargaining agreement prior to the commencement of the
negotiations which have resulted in this Agreement. The Trade Association acknowledges
its representative status of its Employer members and any service on the Association shall
constitute service on its Employer-members. All Employer-members who have given their
assent to be bound to this agreement shall be bound during its entire term. New Employer-
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members shall become bound by this Agreement upon written request to the Union by the
Trade Association unless said request is rejected by the Union in writing within fifteen (15)
days of the date of receipt of said request by the Union.
Section 2. The Association and any employer that may hereafter become a signatory to
this Collective Bargaining Agreement hereby acknowledge that the Union has claimed and
demonstrated, and the Association of signatory employers is satisfied and acknowledges,
that the Union represents a majority of the Association members’ Carpenters or said
signatory employer’s Carpenters in an appropriate bargaining unit for the purposes of
collective bargaining. The Association and its members, as well as said signatory employer,
accordingly recognize the Union as the exclusive bargaining agent under Section 9(a) of the
National Labor Relations Act for all employees within the contractual bargaining unit
(Carpenters) with respect to wages, hours and working conditions. The Association and any
employer that may hereafter become a signatory to this Collective Bargaining Agreement by
becoming a member of the Association further agree that any dispute concerning its
obligation to recognize the Union as sole and exclusive bargaining agent for the Carpenters
will be resolved solely under Article XIII herein. The Employer recognizes the Union as the
exclusive bargaining representative for all its Carpenter employees who are performing
covered work as herein defined.
ARTICLE III
Jurisdiction
Section 1. As used in this agreement, the words CARPENTER FOREMAN,
CARPENTER GENERAL FOREMAN, JOURNEYMAN, CARPENTER, JOURNEYMEN
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CARPENTERS, and JOURNEYMEN CARPENTER APPRENTICES, are understood to
include all employees performing jobs referred to in Section 2 below.
Section 2. The Employer is desirous of employing Carpenters, Carpenter Apprentices,
Hod Hoist Carpenters, Joiners, Millwrights, Pile Drivers, Dockbuilders, Divers, Cabinet
Makers, Bench Hands, Stair Builders, Millmen, Wood and Resilient Floor Layers and
Finishers, Carpet layers, Shinglers, Siders, Insulators, Acoustic and Dry Wall Applicators,
Casket and Coffin Makers, and all those engaged in the operation of wood-working or other
machinery required in the fashioning, milling or manufacturing of products used in the trade,
or engaged as helpers to any of the above divisions or sub-divisions, and the handling,
erecting and installing materials. Burning, welding, rigging and the use of any and all
instruments or tools for layout work incidental to the trade on any of the divisions or sub¬
divisions of the trade consistent with the Constitution and Laws of the United Brotherhood of
Carpenters and Joiners of America.
(a) DRYWALL: All work in connection with the installation, erection and/or
application of all materials and component parts of walls and partitions regardless of their
material composition, purpose or method or manner of their installation attachment or
connection, including but not limited to: all floor and ceiling runners, studs, stiffeners, cross
bracing, fire-blocking resilient channels, furring channels, doors and windows including
frames, casing, molding, base, accessory trim items, gypsum drywall materials, laminated
gypsum systems, backing board, finish board, fire-proofing of beams and columns, fire¬
proofing of chase, sound and thermal insulation materials, fixture attachments, including all
layout work, preparation of all openings for lighting, air vents or other purposes and all other
necessary or related work in connection therewith.
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All work in connection with the installation and erection of all gypsum wallboard to
receive a veneer coat of plaster or lath to receive traditional plaster if such materials are to
be secured to nailable or screwable metal studs.
(b) ACOUSTICAL CEILING SYSTEMS –
1. Direct hung suspension system.
2. Attached concealed system without backing board.
3. Furring bar attached system.
4. Furring bar suspension system.
5. Indirect hung suspension system.
6. All Axiom Armstrong Ceilings.
7. Metal ceilings, in accordance with the International Agreement of April
1, 1978 between Sheet Metal Workers International Association and
United Brotherhood of Carpenters and Joiners of America. New Mat
ceilings.
8. De-Acoustic – any hung type of ceiling, direct or indirect.
(c) All Metal Trim, Interviewers, Door Knockers and Mechanical Chimes,
Constructing and securing of all boxes, wood and/or Metal Floor and Wall Penetrations in
Reinforced Concrete Construction; Pre-fabricated Tile Panels, Fiberglass, Compositions,
and/or any other Wood substitute material; Wood and Metal Store Fronts, Building
Entrances, Elevator Entrances, etc.; fabricate and install all pre-cast and pre-stressed
concrete members used in all types of Building Construction; Fabricate and install Partitions
(including landscape modular partitions and composite toilet partitions), Dividers and Sliding
Doors, constructed of Wood, Metal, Plastic, Composition and/or any other substitute
material; Fabricate and install all Kalamein Work and Hollow Metal Work.
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(d) The term “CARPENTER” and the term “JOINER” are synonymous, and in
either case shall mean one who pre-fabs or constructs forms for footings or foundations of
housing, buildings, structures of all descriptions, whether made of wood, metal, wire mesh,
plastic or any other type of material, the erecting of structural part of a house, building, or
structure made of wood or any substitute such as plastics, metal or composition material,
who puts together roofs, partitions, fabricates or erects forms for decking or other structural
parts of houses, buildings, or any structure, and dismantling of all forms. The fabrication,
erecting and dismantling of all falsework, where power is used for the setting or dismantling
of forms or any other material erected by Carpenters. All handling and signaling shall be
done by Carpenters. The fabrication and/or setting of all templates including anchor bolts
necessary for structural members or machinery and the placing and/or leveling of these
bolts is included. All shanties shall be assembled by Carpenters on the job whether they are
built in place or they are knockdown shanties as long as it is within that Employers power to
do so.
(e) Installing, erecting, removing and placing of building material, platforms and
bucket hoisting equipment (generally known to the trade as Hod Hoists), and repairing of
equipment consisting of catheads, elevators, rails and all other parts made of wood, metal or
any other substitute material and any other work and jurisdiction now in the possession of
the Hod Hoist Carpenters, members of Local Union 1556, which is not in conflict with any
other Union affiliated with the AFL-CIO.
(f) All work pertaining to Test Boring and Core Drilling under the jurisdiction of
Local Union 1556.
| (g) | All framing in connection with the setting of metal, plastic, wood or 5 |
other materials, pre-fab and job site fabricated, columns, the setting of all forms, centers and
bulkheads, the fabrication and setting of screeds and stakes for concrete and mastic floors
where the screed is notched or fitted or made up of more than one member. The making,
setting and stripping of all forms used in concrete work.
(h) The installation of all moldings made of wood, metal, plastic composition,
installing of runstrips for plumbers or other trades for cutting for pipes through floors, joists or
partitions composed entirely or in part of wood, metal, plastic, pre-molded plaster or other
material erected by Carpenters.
(i) The installation of all framework partitions and trim materials for toilets and
bathrooms made of wood, metal or plastics or composition materials, fastening on all
wooden, plastic, metal or composition cleats to iron work or on other material; the erecting
and installation of stran steel or similar material; cutting and hanging all lumber or other
materials between girders and joists for fire proofing or concrete centers; setting and
hanging of all sash, doors, inside and outside blinds, windows and other frames; erection or
application of all wood, wood pulp, plastic, plaster transite or composition materials or any
combination of any of the above with any material including laminates of, or faced with metal
regardless of the manner attached.
(j) Cutting and applying of all furring; bridging, making and fastening of wood
brackets or replacement materials for metal ceilings and side walls; erecting of all wood and
metal furring for cornices and putting on all grounds for plaster and cement finish. The
building and constructing of all derricks; the making of mortar boards, boxes and trestles,
putting in needle uprights, all shoring of buildings, raising and moving buildings.
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(k) The building, erecting and dismantling of scaffolding and staging; all free¬
standing scaffolds shall be in accordance with the Decision of Record on Scaffolds rendered
on April 28, 1920.
(I) Fitting, installing and fastening of stops, beads and moldings in doors and
windows; framing of all false work, derricks and hoists, travelers and all other lumber or
material used in the building and construction industry; putting on all hardware; putting up of
interior and exterior trim or finish of wood. The hanging, setting and installation of wood,
metal, plastic or any other wood substitute material; all types of doors, sash, jambs, bucks,
casings, moldings, chair rails, mantels, base or mop board; wainscoting, furniture, china
closets, kitchen cabinets, wardrobes, and installation of bowling alleys.
(m) The manufacturing and erecting of cooling towers and roof tanks. The
installation of wood, plastic, or metal awnings, door shelters, marquees and jalousies. The
laying and finishing of all floors including wood, cork, asphalt, linoleum, vinyl, rubber or any
other type of resilient floor or wall covering. The installation of rugs, carpets, draperies and
curtains. The application of acoustic tile whether glued or nailed; acoustical suspended
ceilings in its entirety; New Mat ceilings; and de-acoustic, any hung type of ceiling direct or
indirect.
(n) Building and erecting stairs, store, office, bank and other fixtures, shelving,
racks whether of wood or other material; making and fitting of screens, putting on weather
strips and caulking. The installation of laboratory equipment including cabinets and wood
benches, book cases and cabinets, either separately or used in conjunction with heating
and/or air-conditioning units, blackboards, bulletin boards, meter-boards, electrical boards
and boards of all types.
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(o) Manufacture of and erection of walk-in refrigeration boxes, smart rooms,
clean rooms, erection of all types of modular rooms, and all work in connection thereof shall
be the work of the Carpenter.
| (p) | The installation of insulation material of all types, whether blown, nailed, or |
| attached in other ways to walls, ceilings, and floors of new and existing buildings, shall be the work of the Carpenter. |
|
| (q) | The handling of lumber, fixtures, trim or other materials erected by |
Carpenters. The erection of porcelain enameled panels and all corrugated, or flat wood,
plastic, metal, or composition roofing and siding. The assembling and setting of all seats in
theaters, halls, churches, schools, banks, stadiums, and open-air theaters, and other
buildings; installing of wood, metal and plastic comer beads; erecting mortar and brick hoists
and concrete distributors used in erecting buildings or fire proofing floors, or for pouring
concrete buildings, building and repairing coal pockets, breakers, washers, tipples; setting of
forms for sidewalk, sidewalk lights, curb and gutters, all welding and burning incidental to
carpentry.
(r) The operation of winches and jacks whether operated manually or operated
mechanically by portable operating devices, used to handle material to be installed or
erected by members of the United Brotherhood of Carpenters and Joiners of America and
all tagging and signaling incidental to the trade.
Ribs required for centers may be cut in the shop, but all other parts for centers shall
be cut on the job and all centers shall be assembled on the job. All concrete form work shall
be under the supervision of the Carpenter Foreman.
(s) Stripping of all concrete forms, stripping of all columns, beam sides and
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beam bottoms, wall and footing forms of all types and construction, and, the stripping of all
concrete forms on building construction, shall be performed with an equal number of
Carpenters and laborers under the supervision of the Carpenter Foreman.
| (t) | All layout work necessary to the Trade, and the use of any Level, Transit, |
| Laser Beam, or any Optical Instrument required by the Carpenter for the completion of job | |
| or project. (u) |
All protection work under the Carpenters’ jurisdiction on any building, heavy |
construction, asbestos, lead, or other hazardous abatement or alterations, must be
performed by Carpenters employed by the General Contractor, Prime Contractor, Builder or
Sub-Contractor so assigned by the General Contractor, Prime Contractor or Builder.
(v) The setting of all curbing inside the property line. The installation of
hardware for draperies and blinds. The installation of wood and metal windows.
(w) No work normally built by Carpenters on the job will be fabricated off the job
with anyone other than Union Carpenters being paid the rate of wages and benefits
provided herein.
Section 3. The Employer agrees to recognize the jurisdictional claims of the United
Brotherhood of Carpenters and Joiners of America that have been established in its
Constitution and Laws of the United Brotherhood and further agrees to assign all work to
Carpenters in accordance with the aforesaid jurisdictional claims, and subject to existing
practices in the industry.
Section 4. The handling, unpacking, distributing and hoisting of materials to be installed
and/or erected by employees covered by the Agreement shall be done by Carpenters.
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Section 5. No Contractor, General Contractor, or Owner-Builder who is bound by this
Agreement will sublet to another Contractor, on a lump-sum basis, the safety protection of
openings and stairways. This includes the planking or other protection of openings in
concrete arches during the form stage work. This does not include the subletting of sidewalk
bridge construction or maintenance.
All perimeter protection work including construction and maintenance of horizontal
and vertical safety nets in its entirety shall be the work of the Carpenter.
Nothing in this Agreement will forbid the Contractor having an agreement with the
District Council of New York City and Vicinity from hiring on his payroll on a temporary basis,
Carpenters who may be performing work for other Contractors on the same jobsite, or to
perform protection work on time-and-material basis.
Section 6. When the Employer desires to engage in Millwright work within the
jurisdiction of Millwright and Machinery Erectors Local Union 740, then it shall be governed
by the appropriate agreement, signed between the District Council and the Association of
the Employer engaged in such work.
Section 7. When the Employer desires to engage in work within the jurisdiction of
Dockbuilders, Pier Carpenters, Shorers, House Movers, Pile Drivers, Divers, Tenders and
Foundation and Marine Constructors, Local Union No. 1556 of Greater New York, New
Jersey and Vicinity, then it shall be governed by the appropriate agreement, signed between
the District Council and the Association of Employers engaged in such work.
Section 8. When the Employer desires to engage in work within the jurisdiction of
Timberman, Hod Hoist Carpenters, Core Drillers Local Union 1556, then it shall be governed
10
by the appropriate agreement, signed between the District Council and the Association of
Employer engaged in such work.
Section 9. When the Employer desires to engage in resilient floor covering work, within
the jurisdiction of Local Union 2287 then it shall be governed by the appropriate agreement,
signed between the District Council and the Association of Employers engaged in such
work.
Section 10. When the Employer desires to engage in manufacturing custom fixtures and
mill-cabinet products, within the jurisdiction of Local 2790, then it shall be governed by the
appropriate agreement signed between the District Council and the Association of
Employers engaged in such work.
ARTICLE IV
Union Recognition
Section 1. The “Principles” listed in this Article are intended for the general betterment
of the Construction Industry and especially as affecting the parties of this Agreement. If, in
their enforcement, any confusion or misunderstanding arises as to their meaning or
interpretation, such differences shall be settled as provided for in Article XIII of this
Agreement.
Section 2. The Employers recognize the Union as the exclusive bargaining
representative for all the employees referred to in Article III above.
Section 3. No person representing the Union, except its Business Manager, Business
Representatives, Assistant Business Representatives, Executive Officers, Assistants to the
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President, and on-site Job Steward, shall have the right to interview the workmen during
business hours. These Union Representatives shall comply with all general conditions of the
job regarding passes, entrance to be used, etc.
ARTICLE V
Union Security
Section 1. All employees who are members of the Union at the time of signing of this
Agreement shall continue membership in the Union. All other employees must become
members of the Union within seven (7) days following the beginning of employment or the
effective date of this Agreement, whichever is later, and must maintain their membership in
good standing in the Union as a condition of continued employment. If the provisions for
Union Security clauses are modified by Congress during the terms of this Agreement, this
clause will automatically become modified to conform to such changes.
Section 2. Maintenance of Union membership shall be evidenced by the current working
card which shall indicate the current dues have been paid to the Union.
Section 3. All employees covered by this Agreement shall have the privilege of working
for whomever they see fit, in accordance with the terms of this Agreement, and the
Employer is to be at liberty to employ or discharge whomsoever it sees fit, subject to the
terms of this Agreement.
Section 4. Employees covered by this Agreement shall not refuse to work with persons
who, after seven (7) days’ employment, have complied with the Union Security provisions of
this Agreement. However, employees covered by this Agreement are not required to work
12
with persons who do not comply with the Union Security provisions of this Agreement. It is
understood that additional mechanics secured by the Employer shall be eligible for and shall
comply with requirements of Union membership set forth herein.
Section 5. Dues and Other Check-Off. The Employer shall deduct from the weekly
wages of each individual covered under this Agreement Union dues and such other
amounts as set by the Union in accordance with its Bylaws or other applicable documents
for all bargaining unit members who have submitted to the Union signed checkoff
authorization forms. All monies deducted shall be promptly remitted to the Executive
Secretary-Treasurer of the Union or his or her designee, together with a list of names and
employees for whom said monies are to be credited utilizing the electronic remittance
system designated by the Union. The written authorizations shall be pursuant to Section
302(c) of the Labor Management Relations Act of 1947.
ARTICLE VI
General Foreman- Foreman
Hiring Schedule
Section 1. The General Foreman and Foreman shall be the agents of the Employer. The
right to hire and discharge employees rests with the authorized representatives of the
Employer. If the Union prefers charges against the General Foreman or Foreman as such,
they shall forward a copy of such charges to the Association as soon as practicable, but at
least one week preceding the hearing on the charges.
Section 2. The first Carpenter on the jobsite shall be the Foreman and may be selected
by the Employer. The second Carpenter shall be the Shop Steward referred by the Union.
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The remainder of the Carpenters shall be selected by the Employer based upon the
following criteria and the Employer will hire Carpenters based upon the following criteria
before hiring from any other source other than from the District Council’s Job Referral
System (i.e., the Out of Work List):
1. Have worked a total of at least 1,000 hours as a journeyperson
carpenter under the terms of the Agreement during the prior
two years OR were on the Employer’s active payroll working
under the terms of the Agreement for at least 90 out of the last
180 calendar days; and
2. Have received certification of completing a 4-hour class
approved by the Court-appointed Independent Monitor and the
District Council’s Chief Compliance Officer and administered
by the District Council for journeyperson interior systems
carpenters, with such class dealing with, among other issues,
the Consent Decree, Stipulation and Order, and anti-corruption
compliance requirements and measures within the District
Council’s jurisdiction.
The Union will cooperate, in order to meet all legal requirements, and furnish qualified
Carpenters. A working Shop Steward on each shift shall be appointed by the Union
possessing the skills requested by the Employer and required to perform the work required
for the job. All jobs regardless of what type of agreement they work under shall have a New
York District Council of Carpenters certified Shop Steward subject to subsection (b) below.
All New York City District Council certified Shop Stewards shall be given reasonable time to
perform his or her Shop Steward duties. When a signatory Employer wishes to layoff a Shop
14
Steward during a continuous employment, the Employer must notify the Union and have a
meeting on the job with the Union within twenty-four (24) hours. If termination takes place, a
letter must be sent to the Union. In the event a shop steward fails to show at the jobsite, the
contractor has no obligation nor is responsible to notify the Union of such absence.
(a) Notwithstanding the provisions of Section 2 of this Article, upon completion
of projects by the signatory Employer, the Employer, with prior notice to the Local Union,
may employ one Carpenter on the project for up to three (3) days to perform “punch list”
work.
(b) For jobs only requiring two (2) employees, the Employer will be permitted to
work without a certified shop steward without a time limitation. The Union will assign one (1)
of the two (2) members with the duties of the shop steward. In the event of any violation of
the two (2) man rule (i.e., not reporting the job and/or employing more than two Carpenters
without a Shop Steward), the contractor will lose this privilege for the remainder of the term
of the contract. If there is a third employee dispatched by the District Council’s Job Referral
List, that employee shall be a certified shop steward and the shop steward will remain for
the duration of that project. This is not to be used as a “head start.” An arbitrator is
empowered to award as a remedy for a deliberate violation of the “head start” provision the
loss of the Employer’s privilege hereunder for the remainder of the term of the contract.
(c) When four (4) or more Carpenters are employed, one (1) shall be the
Foreman. The Employer at its sole discretion may designate a second foreman, who, shall
be from the Union in which geographical jurisdiction the job is located. When five (5) or more
Carpenter Foremen are employed, there will be one (1) General Foreman designated by the
Employer.
| (d) | Nothing in this Section shall restrict an Employer’s right to discharge any 15 |
Carpenter for good cause. If the person so discharged was obtained from the District
Council, the replacement must be obtained from the same source.
| (e) | When an Employer requests the Union to send members to a job, the Union |
| shall send employees experienced in the specific type of carpentry work being done on the said job by that Employer. |
|
| (f) | The apprentice ratio within this collective bargaining agreement shall be two |
(2) apprentices to every five (5) journeyman and one of those apprentices must be a third or
fourth year apprentice referred from the out-of-work list by the District Council. The
Employer shall have the option of using one (1) apprentice for every two (2) journeyman.
(g) All apprentices must work a minimum of 50 % of a work week on the tools
with journeyman while employed on a regular basis.
ARTICLE VII
Job Referral System
Non Discrimination Clause
Section 1. The Union shall establish and maintain an open employment list for the
employment of qualified and competent workers.
Section 2. The parties agree that there shall be no discrimination in the employment,
hiring or training of employees in the bargaining unit on the basis of race, creed, color, sex,
national origin, age, disability, marital status, citizenship status, sexual orientation or
effectual preference, military or veteran status in all employment decisions, or Union activity
as defined in applicable federal, state, or local laws. For the purposes of this Article,
“citizenship status” means the citizenship of any person, or the immigration status of any
16
person lawfully residing in the United States who is not a citizen or national of the United
States.
Section 3. Applicants for referral through the Union must register with the Union.
Applicants who have successfully completed the full Apprenticeship Program shall be
presumed to have the necessary skill and experience. Whether other applicants possess the
necessary skill shall be determined by the Employer, subject to appeal, pursuant to Article
XIII of this Agreement.
Section 4. To the extent that the Job Referral System is applicable in selecting
applicants from the referral list, the Union shall use the following criteria:
Carpenters will be hired by the job referral list at the District Council. The 50/50 rule will be
enforced and the Employer can hire whom he wants on his 50% ratio. The other 50% will
come from the job referral list.
Section 5. The Employer shall retain the right to reject any job applicant referred by the
Union. The Employer shall notify the Union in writing the reasons for rejection. The Union
shall then refer other applicants to the Employer until the required number of applicants is
obtained.
Section 6. Notwithstanding any other provisions of this Agreement, the Employer shall
be permitted to hire any and all Carpenters, except for the Shop Steward and except as
otherwise provided in Article VI, Section 2, without reference to hiring ratios (Le., the
Employer will be able to hire Carpenters, except as specifically limited, under so-called full
mobility). The compliance procedures hereunder shall include the following:
| (a) | Each Employer shall provide the District Council and its affiliated employee |
| 17 |
benefit funds with the name and location of each specific job before the job starts. The
District Council shall assign a unique number to each specific job. Shop Stewards or other
designated Carpenters shall report by electronic device, e-mail, or by telephone to the
District Council on a daily basis the names of the Carpenters and the hours worked for each
Employer for each specific job. The Employer shall report to the District Council on a daily
basis the existence of one and two-Carpenter jobs, the names of the employees, and the
hours worked. The names of Carpenters and hours entered with the District Council shall
be electronically transmitted on a daily basis to the Employer at e-mail addresses and to
personnel designated by the Employer on forms supplied by the District Council. The
Employer shall have five (5) working days, excluding weekends and holidays, from the close
of its weekly payroll to dispute names and hours reported that week by the District Council.
(b) Any disputes hereunder shall be processed under the grievance and
arbitration procedures of Article XIII of this Agreement. The arbitrator shall be empowered as
a remedy to reinstate the 50:50 hiring ratio provisions of Section 4 of this Article VII for the
duration of this Agreement for any Employer found to have acted willfully and with bad intent
to violate the staffing and payrolling requirements of this Agreement.
ARTICLE VIII
Lumping Prohibited
Section 1. The parties hereto agree to the elimination of lumping (the subcontracting of
labor without material). The Subcontractor must furnish both labor and material complete
under one contract. This provision will also apply to wood flooring, however, that contracting
for the installation of antique flooring or the surfacing (or resurfacing) of old floors shall not
18
be classified as lumping
Section 2. The Employer, General Contractors, Prime Contractors Builders, or
Subcontractors agree that it will not subcontract any work covered under this Agreement to
any one in order to circumvent the payment of wages, fringe benefits, and working
conditions provided herein.
ARTICLE IX
Geographical Jurisdiction
This Agreement shall cover work performed by Carpenter employees within the
territorial jurisdiction of the District Council of New York City and Vicinity, which is as follows:
All of the five (5) Boroughs of the City of New York, all of the Islands in and all the
waters of the adjacent Harbors, Rivers and Bays, and that portion of Long Island bounded
by a line beginning at the intersection of the City Line and the North Shore of Long Island,
then running southerly to the Southern State Parkway, then East to Seaford Creek in
Nassau County, then South to the Atlantic Ocean, then West to the Southern tip of the
Borough of Richmond, then North on Arthur Kill to Kill Van Kull, then East to Upper New
York Bay, then North to the North River and Hudson River, then East to New York City Line
then continue East on the New York City Line to Long Island Sound, then South to the
intersection of the City Line and the North Shore of Long Island, all within the State of New
York.
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ARTICLE X
Joint Venture
| Section 1. | The Employer stipulates that any of its subsidiaries or joint ventures to which |
| they may be party when such subsidiaries or joint ventures engage in building construction work, shall be bound by the terms of this Agreement. |
|
| Section 2. | When Employers enters into a joint venture with an Employer who is not |
bound by this Agreement, then said joint ventures must either be bound through their
respective Trade Associations, or it must sign an agreement with the District Council of New
York City before it can employ any of its members.
Section 3. This Agreement shall be binding on the Employer, its successors and/or
assi9ns, as well as any firm, be it corporation, partnership or joint venture which the
Employer, in which its successors or assigns has or acquires a financial interest.
ARTICLE XI
Hours – Holidays– Overtime
Section 1. The intent is to maintain the seven hour work day, thirty five hour work week.
During the term of this Agreement the Employer may change from a seven (7) hour work
day to an eight (8) hour day or from an eight (8) to a seven (7) hour day. One time on each
project, with proper notification to the Union. Prior to commencement of job and must
continue for the duration of the job. Overtime hours Monday through Friday shall be paid at
time and one-half. Saturday pay shall be at the time and one-half rate. The Contractor is
expected to establish and maintain a reasonable work week schedule allowing for unusual
jobsite conditions. Other than an emergency, notice of all overtime work should be given to
20
the Carpenters before noon if possible. Carpenters will never be penalized for refusing to
work overtime.
Section 2. Flexible Starting Time: The normal work day shall start at eight (8) a.m. and
may be changed by the Employer due to work site conditions to start between six (6) a.m.
and nine (9) a.m. for all or a portion of the employees. When the start time is changed,
notification will be given by the Employer to the Union. No Carpenter is to start work before
the designated starting time. On start time for partial crew, the Shop Steward shall start at
the beginning of the early shift and remain until the end of the final full shift. The Shop
Steward will receive overtime for all hours worked by the Shop Steward in excess of eight
(8) hours.
Section 3. Shift Work: The Employer may work two shifts with the first shift working
8:00 a.m. to the end of the shift at straight time rate of pay. The second shift will receive one
hour at double time rate for the last hour of the shift (eight for seven, nine for eight). In
addition, members of the second shift shall be allowed one-half (1/2) hour to eat, with this
time being included in the hours of work established. There must be a morning shift to work
the second shift which must be immediately following the morning shift. There will be no
premium on shift work provided the shift is a second shift starting immediately after the first
shift. All additional hours worked shall be paid at the time and one-half rate. The Employer
shall notify the Union before beginning the shift schedule. On shift work, the Job Steward
shall work no more than the shift hours. There shall be a Job Steward on each shift who
shall be appointed by the Union. There shall be a pre-job conference with the Union before
the commencement of any shift work. The second shift must be a minimum of five (5)
continuous work days.
21
Section 4. Off-hour Work on Alteration and Repair Work: When performing alteration
or repair work in an occupied building and when it is not possible to perform said work
during regular working hours, said work shall proceed during off hours, as scheduled by the
Employer, but starting no later than 11:00 p.m. The work day and rate of pay shall be the
same as the second shift provisions (i.e., employees doing the off-hour work will receive one
hour at double time rate for the last hour of the shift (eight for seven, nine for eight). In
addition, members of the off- hour crew shall be allowed one-half (1/2) hour to eat, with this
time being included in the established shift hours. Hours worked in excess of the established
shift hours shall be paid at the appropriate overtime rate. The Employer shall notify the
Union before beginning said off-hour work. There shall be a pre-job conference with the
Union before the commencement of off-hour work. Off-hour work shall only be performed
with a minimum of five (5) consecutive work days.
Section 5. Saturday Make-up: When conditions beyond the control of the Employer,
such as severe weather, widespread power failure, fire, natural disaster, etc., prevent
the operation of the job on one or more normal working days, the Employer may, after
notifying the Union, schedule the Saturday of that calendar week during which work was
prevented, as a make-up day at straight time. All hours worked in excess of the established
work day schedule shall be paid for at the rate of time and one half. When a holiday falls on
a Saturday, then the make-up day rate shall be double time. In order to utilize a Saturday as
a make-up day, the Employer must declare a regular work day “terminated”, for one of the
reasons listed above, no later than 10:00 a m. of the day terminated, and must notify the
Union of its desire to work a make-up day by noon of the day preceding the make-up day.
Employees employed by the Employer on the day so “terminated”, shall have the right of
first refusal to work on the make-up Saturday, but said employees shall also have the right
22
to decline work on a make-up Saturday, without any penalty. If men are needed to work a
make-up Saturday, other than those already working on the job, the Employer shall call the
Union for men before employing men secured from any other source. A make-up Saturday
shall be no less than a seven hour day or as established by the shift, with one-half (1/2) hour
off to eat, charged to the hours worked.
Section 6. It is further agreed that no work shall be performed on Sundays or Legal
Holidays, except in the case of emergency or necessity, and that no work shall be
performed then unless notification is given to the District Council on the previous workday,
stating shop or building where work is to be performed and the number of men required.
DOUBLE TIME SHALL BE PAID FOR ALL WORK ON SUNDAY AND LEGAL HOLIDAYS
UNLESS OTHERWISE NOTED.
Emergency work, INVOLVING DANGER TO LIFE AND PROPERTY, may be
performed without permission from the District Council.
Section 7. The Legal Holidays referred to herein are: New Year’s Day, Presidents Day,
Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day (only in
Presidential Year), Thanksgiving Day, and day after Thanksgiving, Christmas Eve Day,
Christmas Day, and New Year’s Eve Day. These are to be non-paid Holidays except for the
General Foreman and Foreman who shall be paid (i.e., wages and benefit funds
contributions) on a weekly basis.
Section 8. In all cases, the Holidays referred to in the previous section shall be
observed on the day and date established for the State of New York. When work is
performed on such Legal Holidays, double time shall be paid.
23
Section 9. When a Legal Holiday, defined in Section 8, falls on a Sunday and the
following day is declared a Legal Holiday, then double-time shall be paid for all hours
worked.
Section 10. No work shall be performed on Labor Day.
ARTICLE XII
Wages
Section 1. The Employer agrees that it will hire all employees covered by this
Agreement for wages and hours not less than those specified herein.
Section 2. Wages shall be paid weekly on the job before 3:30 p.m. or 4:00 p.m. on
Friday., Said wages shall be paid by check in an envelope and accompanied by a pay
stub/pay statement upon which shall be plainly marked the employee’s name, last four digits
of the social security number, the hours worked, the wage rates paid for those hours worked
(including straight time, overtime, and differentials), an itemization of all deductions made,
and the gross and net amounts paid. The check must be a Todd Insured A.B.C. System
Payroll check, or similar type of check. Delivery of the checks to the person shall be made
at least on the day preceding a banking day. Alternatively, with written consent of the
employee, payment may be made by Payroll Debit Card or direct deposit in accordance with
NYS Regulation 12 N.Y.C.R.R. Part 192. The same pay delivery and pay stub/statement
requirements for checks shall apply for Payroll Debit Cards and direct deposit.
If Carpenters are not paid as specified above, double-time shall be paid for Friday
between the hours of 3:30 p.m. or 4:00 p.m. and 5:30 p.m. or 6:00 p.m., and single-time for
working time thereafter, until paid, not exceeding fourteen (14) hours; provided, however,
that the men report to and remain on the job during the said fourteen (14) hours.
24
Section 3. Employees covered by this Agreement shall be given one (1) hours’ notice
before being discharged or laid off, and a check for wages shall be mailed to the Employee
by overnight mail. If this is not done the Employer will have to pay an additional two (2)
hours penalty to said Employee. The wages shall be paid by insured check, Payroll Debit
Card, or direct deposit under the conditions set forth in Section 2 of this Article. This
section does not apply to any temporary suspension of work during any pay week of
reasons beyond the control of Employer. Any Employee discharged for incompetence or
violation of rules, shall only be paid for hours worked.
All employees, at the termination of their employment, shall receive the New York
State Record of Employment Form 1-A within twenty-four (24) hours of their dismissal.
Section 4. When the Employer is working under conditions in Article XI, then the
payment of wages shall conform to this Article, except that the hours indicated will change
accordingly.
Section 5. This Agreement is based on the principle that the Employer is entitled to
seven (7) hours’ actual work for seven (7) hours’ pay. Any unreasonable failure to work
these hours gives the Employer the right to pay only for the hours actually worked.
Section 6. Except at the start and finish of a job, General Foreman, Foreman, shall be
employed on a weekly basis which shall include wages and fringe benefits. All apprentices
are to be paid only for hours worked. The payment of overtime rates for the General
Foreman and Foreman shall be made at the minimum book rate for General Foreman and
Foreman when there are Carpenters doing work on the jobsite. If the General Foreman and
Foreman are receiving a rate higher than the minimum book rate, it will be the Employer’s
25
option as to whether the General Foreman and Foreman shall receive the higher agreed
rate for said overtime.
Section 7. When employees are referred to a job and report for work, and no work is
provided, they shall receive two (2) hours’ pay, except for inclement weather or other
conditions beyond the control of the Employer. All employees reporting for work and ready
to start at the established start time shall receive two (2) hours’ show-up time, if the job does
not start, except for inclement weather or other conditions beyond the control of the
Employer.
Section 8. Wages and Benefits – Wage and Benefit increases are not tied to any
benchmarks such as total hours worked and are guaranteed throughout the term of this
Agreement. Wage rates and fringe benefit contribution within the bargaining unit shall be
determined and/or reallocated by Union at its sole discretion.
Increases in the total hourly combined wage and benefit package for the period
beginning August 1, 2019 and July 1st of subsequent years will be:
| August 1, 2019 Julyl, 2020 July 1, 2021 | July 1, 2022 $1.00 $0.75 |
July 1, 2023 $0 $0.75 |
Journeyperson Apprentice |
| $1.00 $0 |
$1.00 $0.75 |
$1.00 $0.75 |
TOTAL WAGES & FRINGE BENEFITS – JOURNEYMAN CARPENTER
Total package per hr
08/01/19 07/01/20 07/01/21 07/01/22 07/01/23
$100.16 $101.16 $102.16 $103.16 $103.16
26
FOREMAN
GENERAL FOREMAN –
$3.00 PER HR. ABOVE JOURNEYMAN SCALE
$6.00 PER HR. ABOVE JOURNEYMAN SCALE
| EFFECTIVE DATES | 08/01/19 07/01/20 07/01/21 07/01/22 07/01/23 | |||
| WAGE RATE PER HOUR | ||||
| Journeyman | $53.50 TBD | TBD | TBD | TBD |
| Foreman | $56.50 TBD | TBD | TBD | TBD |
| General Foreman | $59.50 TBD | TBD | TBD | TBD |
| APPRENTICES |
Apprentice wage increases may be deferred for reasons determined by the Joint Apprentice
Committee and or its Training Director by written notice to the Employer.
EFFECTIVE DATES
TOTAL PACKAGE PER 1
08/01/19
HR.
07/01/20 07/01/21 07/01/22 07/01/23
1st yr. Apprentice $34.68 $35.43 $36.18 $36.93 $37.68
2nd yr. Apprentice $39.18 $39.93 $40.68 $41.43 $42.18
3rd yr. Apprentice $47.03 $47.78 $48.53 $49.28 $50.03
4th yr. Apprentice $56.91 $57.66 $58.41 $59.16 $59.91
EFFECTIVE DATES
WAGE RATE PER HR.
08/01/19 07/01/20 07/01/21 07/01/22 07/01/23
| 1st yr. Apprentice | $19.00 | TBD | TBD | TBD | TBD |
| 2nd yr. Apprentice | $22.00 | TBD | TBD | TBD | TBD |
| 3rd yr. Apprentice | $26.25 | TBD | TBD | TBD | TBD |
| 4th yr. Apprentice | $34.13 | TBD | TBD | TBD | TBD |
| FRINGE BENEFIT RATE PER HOUR (The individual Funds are defined in Article XVII.) | |||||
| JOURNEYMAN– FOREMAN– GENERAL FOREMAN | |||||
| EFFECTIVE DATES | 08/01/19 07/01/20 07/01/21 07/01/22 07/01/23 |
| WELFARE | $14.64 | TBD | TBD | TBD | TBD |
| PENSION | $12.80 | TBD | TBD | TBD | TBD |
| ANNUITY | $ 9.36 | TBD | TBD | TBD | TBD |
| AJ.R.E.I.F. | $0.70 | TBD | TBD | TBD | TBD |
| VACATION | $ 7.68 | TBD | TBD | TBD | TBD |
| SUPPLEMENTAL FUNDS | $ 0.05 | TBD | TBD | TBD | TBD |
| CITF | $ 0.10 | TBD | TBD | TBD | TBD |
| CCA METRO | $ 0.28 | TBD | TBD | TBD | TBD |
| SUPPLEMENTAL PENSION | $ 1.00 | TBD | TBD | TBD | TBD |
| UBC LABOR/MGT. TRUST | $ 1.00 | TBD | TBD | TBD | TBD |
| TOTAL PER HOUR | $46.66 | TBD | TBD | TBD | TBD |
| 27 |
APPRENTICES
Effective 08/01/19 and to be allocated at the discretion of the District Council July 1st of each year
thereafter
| 1st Year 2nd Year | 3rd Year 4th Year | |||
| WELFARE PENSION ANNUITY A.J.R.E.I.F. VACATION SUPPLEMENTAL FUNDS INTL. TRAINING FUND (CITF) CCA METRO SUPPLEMENTAL PENSION UBC LABOR/MGT. TRUST TOTAL PER HOUR |
$10.00 $ 1.95 $ 1.00 $ 0.50 $ 1.50 $ 0.05 $ 0.10 $ 0.28 $ 0.25 $ 0.05 $15.68 |
$10.00 $2.45 $ 1.50 $ 0.50 $2.00 $0.05 $0.10 $0.28 $0.25 $0.05 $17.18 |
$12.00 $2.95 $2.00 $0.60 $2.50 $0.05 $0.10 $0.28 $ 0.25 $0.05 $20.78 |
$12.00 $ 3.45 $2.50 $0.60 $ 3.50 $0.05 $0.10 $0.28 $0.25 $0.05 $22.78 |
Section 9. When an employee is required to work through the lunch period, he shall be
compensated at the rate of time and one-half, and be given time to eat his lunch.
Section 10. There shall be no lost time in wages to any employee on the day of injury when
immediate medical attention is required to said employee, while working on the Employer’s
job, provided the employee submits a note from the doctor or clinic, stating that the
employee cannot work that day.
Section 11. No Carpenter shall be sent out on any given day for less than one (1) day’s
work.
Section 12. All First and Second Year Apprentices and New York Plan Trainees must be
available for work every day of the payroll week or they will not be paid for work not
performed.
28
ARTICLE XIII
Grievance & Arbitration Procedure
Section 1. A grievance shall be defined as all complaints, disputes and differences
concerning the application, interpretation, effect, purpose or breach of any term or condition
of this Agreement, or any claim, demand, dispute or controversy between the parties hereto.
The parties hereto shall first attempt to settle and adjust the grievance by negotiation.
Section 2. Any grievance not resolved per Section 1 shall be referred to the District
Council Grievance Committee for a meeting with the Employer and the Association.
Section 3. Any grievance not resolved per Section 2 shall be submitted to arbitration
before Roger Maher or Richard Adelman who shall serve as the permanent contract
arbitrator(s) hereunder.
(a) The arbitrator shall conduct a hearing in such a manner as he shall
consider proper and shall serve as sole arbitrator of the dispute between the parties. The
arbitrator shall have the right to conduct an ex-parte hearing in the event of the failure of
either party to be present at the time and place designated for the arbitration, and shall
have the power to render a decision based on the testimony before him at such hearing.
(b) The decision of the arbitrator shall be final and binding upon both parties
and may be entered as a final decree or judgment in State or Federal Court in New York
County. The costs of the arbitration, including the arbitrator’s fee shall be borne equally
by the Employer and the Union.
(c) It is the intent of the parties hereto that all disputes between them, both
within and outside of the Agreement, shall be submitted to arbitration and that no defense
to prevent the holding of the arbitration shall be permitted.
29
(d) Service of any documents or notice referred to above, or service of any
notice required by law in connection with arbitration proceedings may be made by
electronic mail and registered or certified mail. Service upon the Employer may be made
on either the individual Employer or the Trade Association. A post office receipt shall be
conclusive evidence of proper service if mailed to the address designated by the
Employer when it signed the Agreement or to the last address known to the Union,
whichever is more recent. If certified mail is refused or not picked up ordinary mail shall
then be deemed sufficient service provided that it is forwarded to the address of record
contained in this Agreement or the last address known to the Union, whichever is more
recent.
(e) Upon the confirmation of the arbitrator’s award, or on appeal there from,
the prevailing party shall be entitled to receive all court costs in each proceeding as well
as reasonable attorneys’ fees.
ARTICLE XIV
Hardship and Advisory Committee
Section 1. The Hardship and Advisory Committee has authority to address, in a
timely fashion, any undue hardships the collective bargaining agreement may impose on
the Union, a Contractor or the Association on an issue by issue basis.
(a) The Committee may modify terms and conditions to allow the Association
Contractor to manage its particular project or to compete against unfair Contractors on a site
by site basis.
30
(b) All issues the Hardship and Advisory Committee reviews will be in writing and
its actions will be decided by a simple majority. All concerns brought before the Committee
will be reviewed, periodically. Repetitious issues can be recommended for inclusion in a
subsequent bargaining agreement.
(c) The Committee will meet, upon written request, by the Association or the
Union within three working days. Such request, by fax or letter, shall state the project
location, local Union, Contractor, Sub-contractor and brief summary of the question to be
discussed.
ARTICLE XV
No Strike – No Lockout
The Union or its representatives shall not order a strike or stoppage of work, nor
shall the employees strike against any Employer, or collectively leave the work of an
Employer, for any reason including jurisdictional dispute, nor shall any Employer lock out
employees prior to filing a complaint, grievance or pending the adjustment of any existing
dispute, as provided for in Article XIII.
The Union may call or sanction a strike for (1) the Employer’s refusal to submit a
matter to arbitration, pursuant to the arbitration clause of this Agreement; or (2) the
Employer’s failure to comply with any decision of any Board of Arbitration established
hereunder within five (5) working days after such decision; or (3) any other reason explicitly
provided for in this Agreement.
31
ARTICLE XVI
Validity
If a Court of competent jurisdiction should decide that any clause or part of this
Agreement is unconstitutional or illegal, or should any clause or part of this Agreement be
found contrary to present or future laws, it shall not invalidate the other portions of this
Agreement, it being the sole intent and purpose of this Agreement to promote peace and
harmony in the Industry as permitted by Law. Notwithstanding the previous sentence of
this Article XV, if at any time during the term of this Agreement the United States District
Court for the Southern District of New York voids the provisions of Article VI, Section 2 and
Article VII, Section 6 (i.e., the so-called full mobility hiring provisions), this Agreement shall
become a nullity and the parties shall return to the terms and conditions under their
collective bargaining agreement that expired by its terms on June 30, 2011.
ARTICLE XVII
Funds
Section 1. Every Employer covered by this Agreement shall make contributions for each
hour worked of all employees covered by this Agreement and employed by said Employer
within the territory of this Agreement in the amounts hereinafter specified to the New York
City District Council of Carpenters Welfare Fund, the New York City District Council of
Carpenters Pension Fund, the New York City District Council of Carpenters Welfare Fund:
Vacation Benefit, the New York City District Council of Carpenters Annuity Fund, the
Carpenters International Training Fund (“CITF”), the New York City District Council of
Carpenters Apprenticeship, Journeymen Retraining, Education, and Industry Fund, the
Supplemental Funds of the District Council (i.e., the New York City Carpenters Relief and
Charity Fund and the New York City District Council of Carpenters Welfare Fund
32
Scholarship Program), CCA Metro – Carpenter Contractor Alliance of Metropolitan New
York (“CCA Metro”), and the Carpenter Contractor Labor Management Trust Fund
(Partnership for Growth) (“UBC Labor-Mgt. Trust”) (collectively “Funds”).
(a) Each Employer’s books and payroll records, including, but not limited to,
cash disbursement records, shall be made available upon demand of the Trustees at all
reasonable business hours. Each signatory Employer acknowledges and agrees that the
failure of any Employer to make the required fringe benefit fund contributions affects the
liability of all Employers to this Agreement and decreases the benefits available to the
Carpenter employees of this Employer. Therefore, each Employer signatory to this
Agreement shall make available to the Trustees of the various Funds, or their designated
auditing representatives, all pertinent books and records, including, but not limited to, all
cash disbursement records, required for an audit to enable said auditor to ascertain and
independently verify that the proper contributions hereunder have been paid and such
records will be produced whenever deemed necessary by the Trustees in connection with
the proper administration of their fiduciary responsibilities. In order to accomplish this end,
it is specifically agreed that should any affiliate or subsidiary Employer as described in this
Agreement be involved with the business activities of this Employer, the Employer will
make available all the pertinent books and payroll records of such affiliate or subsidiary to
the auditor so that a complete audit can be conducted. The extent of the audit and the
determination as to what pertinent records are necessary to complete the audit is in the
sole discretion of the Board of Trustees of the Funds, or designated committee thereof, so
that they may independently verify that all required contributions have been made and to
discover the identity of all beneficiaries under the plans for which they have been
entrusted for their proper administration.
33
(b) When auditors are sent to audit the books of any Employer, General
Contractor, Prime Contractor, Builder or Subcontractor and a definite appointment is
scheduled, when the auditor(s) cannot start at the appointed time and date, and must
return, or when valid payroll records are not furnished, then the said Employer, General
Contractor, Prime Contractor, Builder or Subcontractor shall be penalized and pay the
sum of $100.00 per auditor, to cover the expense of the auditor(s). It shall be a violation of
this Agreement to fail to furnish proper records, when requested, for the purpose of
completing an audit.
(c) If the Employer, General Contractor, Prime Contractor, Owner-Builder, or
Subcontractor, Bound by this Agreement refuses to submit its books and records to an
Audit, the Union, within its sole discretion, may remove all its members from the offending
Contractor upon twenty-four (24) hours’ notice. If such employees who are removed
remain on the jobsite during regular working hours, they shall be paid for lost time not to
exceed three (3) working days’ wages and benefits.
Section 2. Contributions to the Funds shall be in accordance with this Agreement. The
contribution to the Supplemental Funds shall be allocated in the following manner:
Carpenters Relief and Charity Fund
TWO & ONE HALF CENTS ($0,025) PER HOUR
District Council Scholarship Fund
TWO-AND-ONE-HALF CENTS ($0,025) PER HOUR
The purpose of the Carpenters Relief and Charity Funds is to enable the parties to
make charitable donations in the name of the carpentry industry from time to time. Said
donations shall be made to duly recognized tax exempt institutions within the meaning of
the Internal Revenue Code and to provide emergency assistance to bona fide victims of
34
disaster, catastrophe and community projects for the good of the general public. This
Fund shall be administered by a minimum of two persons, one designated by the Union
and the other by the Employer Associations. They shall serve without pay and shall be
bonded to the extent required by law. All monies received by the Fund shall be deposited
in a bank selected by the two administrators and shall be disbursed only by a check
signed by both administrators. At least once a year the entire balance of the Fund on
hand shall be disbursed to organizations and persons who meet the qualifications set
forth above. The administrators shall keep such books or records as required by law.
Once a year the administrators shall account for all monies received and disbursed.
| (a) | The Supplemental Funds shall be established in accordance with applicable |
| law, and any employee’s authorization that is required shall be secured by the Union. | |
| (b) | It is agreed that all contributions are due and payable to the District Council |
Fund Office (via the l-Remit system) and the Employer does hereby authorize said Fund
Office to forward said contributions to CCA Metro, the CITF, and the UBC Labor-Mgt. Trust
in such manner as the Directors/Trustees of said funds shall reasonably require.
(c) The parties also recognize their right to be represented on CCA Metro and
by the execution of this Agreement the parties authorize the representatives of the
participating Employers and the District Council to designate their respective Union and
Employer Directors/Trustees hereby waiving all notice thereof and ratifying all actions
taken by them within the scope of their authority.
Section 3. If any of the above allocations are determined to be legally improper, then
in that event said allocation may be re-allocated by the Union to a presently existing
Fringe Benefit Fund, or to another fund to be established by the Union and the Employer.
35
Section 4. The Employer and the Union acknowledge that they are represented by
their duly designated Trustees to administer the various Fringe Benefit Trust Funds
provided for in this Agreement. Because of the various liabilities and responsibilities
placed upon all parties to this Agreement, including all Contractors and Union
representatives and their respectively designated Trustees, each Employer hereby
agrees that the Fringe Benefit Fund Trustees shall have the necessary powers to
fulfill their fiduciary obligations in order to fully protect each signatory Employer and their
employee- beneficiaries under the respective fund plans.
Section 5. Each Employer shall be bound by all of the terms and conditions of the
Agreements and Declarations of Trust governing each of the Funds for which contributions
are required under this Agreement and by all By-Laws, rules, procedures and policies
adopted to regulate each of said Funds, including, but not limited to, the Funds’ Revised
Statement of Policy for Collection of Employer Contributions. The Trustees of the Funds
shall secure the approval of the Treasury Department under the applicable provisions of
the Internal Revenue Code and shall amend the same, if necessary, to secure such
approval, so as to qualify the Employer-contributions as deductions for Federal Income Tax
purposes.
Section 6. No contributions to any of the Funds as specified in this Article shall be
required on the premium portion of wages. For the purposes of these Sections only, all
hours worked shall be regarded as straight-time hours.
Section 7. It is further agreed, however, that contributions specified in this Article shall
36
be paid on the hours represented by wages received for not working on the afternoon of
the days specified in Article XI, Section 10.
Section 8. Fringe benefit contributions, including Vacation Fund payments, will be the
same for the General Foreman, Foreman and Journeyman. Fringe benefit contributions for
Apprentices shall be in accordance with applicable schedules in Article XII. In the case of
Foreman, General Foreman and First and Second year Apprentices contributions shall be
made to the fringe benefit funds on the basis of hours for which said employee is actually
paid, regardless of whether said hours are actually worked. This provision shall not apply to
bonuses, paid vacation or paid sick leave, voluntarily paid to said employee
Section 9. Whenever the Employer is in default in payments to the Funds referred to in
Article XVII of this Agreement, and reasonable notice of such default is given to the
Employer, if the payments are not made, the Union may remove its members from the
work of such Employer. If such employees who are removed remain at the jobsite during
regular working hours, they shall be paid for lost time not to exceed three (3) days’ pay
(wages and benefits).
Section 10. (a) In the event that formal proceedings are instituted before a court of
competent jurisdiction by the trustees of a Benefit Fund or Funds to collect delinquent
contributions to such Fund(s), and if such court renders a judgment in favor of such
Fund(s), the Employer shall pay to such Fund(s), in accordance with the judgment of the
court, and in lieu of any other liquidated damages, costs, attorney’s fees and/or interest,
the following:
37
(1) the unpaid contributions; plus
(2) interest on the unpaid contributions determined at the prime rate of
Citibank plus 2%; plus
(3) an amount equal to the greater of–
| (a) | the amount of the interest chargeson the unpaid contributions |
| as determined in (b) above, or | |
| (b) | liquidated damages of 20% of the amount of the unpaid |
| contributions; plus reasonable attorney’s fees and costs of the action; and |
(4) |
(5) such other legal or equitable relief as the court deems appropriate.
(b) In the event that proceedings are instituted before an arbitrator under Section
11 of this Article to collect delinquent contributions to Benefit Fund or Funds, and if such
arbitrator renders an award in favor of such Fund(s), the arbitrator shall be empowered to
award such interest, liquidated damages, and/or costs as indicated in Section 10 of this
Article and as otherwise may be applicable under this Agreement and Declaration of Trust
governing such Fund(s).
Section 11. Should any dispute or disagreement arise between the parties hereto, or
between the Union and any signatory Employer-member, concerning any claim arising
from payments to the Fund of principal and/or interest which is allegedly due, either party
may seek arbitration of the dispute before the impartial arbitrator designated hereunder by
filing a notice of intent to arbitrate in writing with said impartial arbitrator, or the Union, as
the case may be. Unless a waiver is mutually agreed to in writing by the parties hereto, a
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hearing shall be convened as soon as practicable, and the arbitrator shall submit his
award within twenty (20) days after the close of the hearing.
(a) The arbitrator shall have full and complete authority to decide any and all
issues raised by the submission and to fashion an appropriate remedy pursuant to this
Agreement including, but not limited to, monetary damages. The arbitrator’s award in this
regard shall be final and binding upon the parties hereto and the individual Employer, if
any, and shall be wholly enforceable in any court of competent jurisdiction. The cost of the
arbitration, including the fees to be paid to the arbitrator shall be included in the award and
shall be borne by the losing party.
(b) Roger Maher or Richard Adelman is hereby designated as impartial
arbitrator(s) hereunder.
(c) The agreement of the parties to submit said matters regarding the payment
of contributions to an arbitrator does not excuse the Employer from any statutory, civil or
criminal liability which may attach to his actions under Municipal, State or Federal law. The
submission of a matter to arbitration is in no way meant to affect the right of the Union to
remove its members from an Employer’s premises, as provided for in this Agreement.
Section 12. All contributions required under this Article will be reported and remitted
through the l-Remit system or any other system designated by the Funds Office.
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ARTICLE XVIII
Bonding
Section 1. An Association of Wall-Ceiling & Carpentry Industries of New York,
Incorporated member is not required to post a Surety Bond except as stated hereafter.
Any Association of Wall-Ceiling & Carpentry Industries of New York, Incorporated
Employer whose records have been audited by the Funds’ and who is found to be
delinquent is required to post a bond in the amount set forth in accordance with Section 2
of this Article.
A new Association Employer member whose records have never been audited by
the Funds’ auditors, shall be required to post a bond as set forth in this Article. The new
Employer upon completion of an audit by the Funds’ auditors, and said audit reveals no
material discrepancy, shall not be required to continue to post a bond.
Section 2. Those Employers covered by this Agreement who are required to post a bond
shall provide a Surety Bond in the following amounts:
Number of Employees
1-5
6-10
11 – 15
16-25
26-50
over 50
Bond Amount
$10,000.00
$20,000.00
$30,000.00
$50,000.00
$100,000.00
$200,000.00
The above bonding requirements shall remain in full force and effect for the duration of this
Agreement.
(a) When a signatory Association Employer is required to post a bond and owes to
the Benefit Funds an amount greater than the face amount of his Surety Bond, the Surety
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Bond must be increased to cover such indebtedness. If this cannot be done, the Union may
remove all members of the bargaining unit from that: Employer.
Section 3. The District Council, in its discretion, may suspend the requirement for a
signatory Association Employer under this agreement to maintain the bond provided for in
this Article, provided the District Council is satisfied that the said Association Employer is
not presently delinquent in payment of fringe benefit contributions and has a favorable
history of making fringe benefit contributions on a timely basis. In the event that the District
Council gives an unfavorable response to the request of the signatory Association Employer
to suspend such bond requirement, the Association Employer shall have the right to appear
before the Funds’ Board of Trustees or designee thereof, to review its application for
suspension of this bonding requirement.
ARTICLE XIX
Miscellaneous Conditions
Section 1. The Employer agrees that this Agreement will run to and for the benefit of any
other corporation or company which may exist or be formed or in which the Employer may
have a substantial interest, if such subsidiary is engaged in building construction work
covered by this Agreement.
Section 2. The Employer agrees that it will be responsible and liable for payment of all
wages and fringe benefits for any Subcontractor who has NOT signed an agreement with
the New York City District Council of Carpenters, and who is engaged by the Employer to
perform work that falls within the jurisdiction as set forth herein of the New York City District
Council of Carpenters.
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Section 3. The use of safety equipment and appliances furnished by the Employer is
mandatory, and the failure to employ the use of such equipment and appliances, after due
warning, is sufficient cause for dismissal.
Section 4. If an employee is required to use Powder Actuated Tools, he is to be qualified
to use said Powder Actuated Tools, by securing from the tool manufacturer an operator’s
card or similar proof of qualification, and the Union shall cooperate with the Employer and
Tool Manufacturer in having the employee expeditiously qualified. No Powder Actuated
Tools shall be used that have not been previously approved by the State Board of
Standards and Appeals.
Section 5. Every signatory Employer party to this contract shall notify the District
Council and the Association on its specified form, by Fax, Certified Mail or Telephone, of the
awarding of any contract on which any of the work described in Article III hereof shall be
performed by said Employer or a Subcontractor. Said notice shall include the location of the
job and the name and address of the Contractor or Subcontractor involved. Failure to
comply with the section shall be a breach of this Agreement and shall authorize the Union
to remove its members from any job on which said Contractor or Subcontractor has not
complied with this notice. The aforesaid notice shall be given within thirty (30) days of the
award of a contract, and, in any event, prior to the commencement of work, or, after the
cessation of work, prior to the recommencement thereof. It is understood that the provisions
of this section will be strictly enforced by the Union. Further, after notification has been
given to the Union by the Employer, as set forth above, a prejob conference will be held, if
one is requested by the Union.
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Section 6. The Employer shall provide a gangbox, a suitable tool shed or room of
sufficient size for the storage of the Carpenter Tools and clothing, and Tool Shed or Room
shall be heated in the winter. The door shall be constructed that the hinges and hasp cannot
be removed from the outside. Such Tool Shed or Room shall not be used for the storage of
any other materials. Where such storage facilities are provided, the STEWARD OF THE
JOB shall be furnished with a key to the Tool Shed or Tool Room, and the employees will
store therein all the tools not actually being used by them at any time. On every job the
Employer shall provide a suitable locker. In buildings over ten stories high, a locker or
gangbox is to be provided on every fifth (5) floor.
Section 7. The Employer shall reimburse each employee for any of the tools or clothing
which are destroyed by fire or any other Act of God, or which may be stolen by forcible entry
of the locker or shed, or damaged on the project site; provided, that if the Employer has
complied with the provision of Section 6, he shall be responsible and liable for such loss or
injury only if it occurs while such tools or clothing are in the Tool Shed or Tool Room,
provided further that the Employer’s liability shall be limited to not more than the following:
| Tools | $600.00 (finish) $500.00 (concrete) $150.00 |
| Overcoat | |
| Other Clothing | $150.00 |
| Shoes | $125.00 |
Employees shall be advised by the Shop Steward to keep any excess tools on the jobsite
Proof of loss must be filed within forty-eight (48) hours of the actual loss and
payment of the above described claim must be made within fourteen (14) working days of
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the receipt of the proof of loss. Any disputed claims shall be resolved pursuant to Article XIII
hereof
Section 8. Tools belonging to the employees which are dulled on the job, shall be
reconditioned at the expense of the Employer by an employee covered under this
Agreement.
Section 9. Each employee begins their employment at the gangbox at 8:00 a.m., and
shall arrive in working clothes, UNLESS OTHERWISE NOTED.
Section 10. The parties agree that there shall be no discrimination in the employment,
hiring, referral or training of employees in the bargaining unit on the basis of race, creed,
color, sex, national origin, age, disability, marital status, citizenship status, sexual orientation
or affectional preference, military or veteran status, Union membership or non-membership
in all employment decisions, or Union activity as defined in applicable federal, state or local
laws. For the purposes of this Article, “citizenship status” means the citizenship of any
person, or the immigration status of any person lawfully residing in the United States who is
not a citizen or national of the United States.
Section 11. Where for the benefit of an Employer, an employee must cross a body of
water in order to reach the jobsite and there is no public transportation available to said site,
then it shall be the duty of the Employer to provide adequate safety and comfort for the
employee’s transportation. The Employer shall protect such employee under a policy of
public liability insurance or any other insurance required by law for any public conveyance.
Such certificate shall be posted in a conspicuous place, on any conveyance used by the
Employer. Should such transportation, whether private or public, require extraordinary fare,
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such fare shall be paid by the Employer. The employee shall not leave the shore opposite
the jobsite earlier than 8:00 a.m. and shall return to the same shore not later than 3:30 p.m.,
except as provided herein.
Section 12. When the Employer does any work outside the jurisdiction covered by this
Agreement, he shall conform to the wages and other terms and conditions of employment
that exist between the Employers and employees of such jurisdiction; however, when the
Employer hires members into and from this jurisdiction covered by this Agreement, the
terms and conditions of this Agreement, including wages and fringe benefits provided herein
shall apply.
Section 13. The Employer agrees that if it performs any service or work described in the
Trade Agreements of the District Council of Carpenters of New York State within the
geographic jurisdiction of the above-mentioned District Councils, it shall be bound by all the
terms and conditions of the Trade Agreement applicable to the location where said service
or work is being performed for the period of time that said service or work is being performed
in said location in the same manner as if it were a direct signatory to the applicable Trade
Agreement.
Section 14. The Employer agrees to be bound to one of the promotional or advancement
funds in this agreement.
Section 15. In order to protect and preserve, for the employees covered by this
Agreement, all work heretofore performed by them, and in order to prevent any device or
subterfuge to avoid the protection and preservation of such work, it is hereby agreed that
when the Employer performs work of the type covered by this Agreement, under its own
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name or under the name of another, as a corporation, company, partnership, or any other
business entity, including a joint venture, wherein the Employer exercises either directly or
indirectly any significant degree of ownership management or control, the terms and
conditions of this Agreement including Fringe Benefits shall be applicable to all such work.
(a) All charges of violations of this section shall be considered as a dispute
under this Agreement and shall be processed in accordance with the procedures for the
handling of grievances and the final binding arbitration as provided in Article XIII, of this
Agreement. As a remedy for violations of this Section, the arbitrator (or arbitration body)
provided for in Article XIII, is empowered at the request of the Union, to require an
Employer (1) To pay to affected employees covered by this Agreement, including registered
applicants for employment, the equivalent of wages lost by such employees as a result of
the violations; and (2) To pay into the affected joint trust funds established under this
Agreement any delinquent contributions together with interest, penalty and liquidated
damages to such funds as provided in the Agreement. Provisions for this remedy herein
does not make such remedy the exclusive remedy available to the Union or the Trust
Fund(s) for violation of this Section; nor does it make the same or other remedies
unavailable to the Union or the Trust Fund for violations of other Sections or Articles of this
Agreement.
(b) If, as a result of violations of this Section, it is necessary for the Union
and/or Trustees of the joint trust funds to institute court action to enforce an award rendered
in accordance with subsection (a) above, or to defend an action which seeks to vacate such
award, the Employer shall pay any accountants’ and attorneys’ fees incurred by the Union
and/or Fund Trustees, plus costs of litigation, which have resulted from the bringing of such
court action.
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Section 16. The Union shall furnish upon the request of the Employer until the expiration
of the Agreement in a reasonable time after request, except in cases of strikes and other
circumstances over which it has not control, all Carpenters and joiners, including all
classifications as referred to in, Article III.
Section 17. All work covered by this Agreement shall be contracted or subcontracted only
to an Employer who is signatory to or agrees to become signatory to a collective bargaining
agreement with the Union. The parties hereto mutually agree with respect to such work
falling within the scope of this Agreement that it is to be done at the site of construction,
alteration, maintenance, or repair of any building, structure, or other works. If the Employer
should contract or subcontract any of the afforested works falling within the trade jurisdiction
of the Union as set forth herein, said Employer shall contract or subcontract such work only
to firms which comply with the standards of wages and fringe benefits and working
conditions established herein.
Section 18. There shall be a pre-job conference before the starting of any major job.
Section 19. All Employers will make sure that any products they ask Carpenters to handle
will have a United Brotherhood of Carpenters stamp on it as long as it is within their power
to do so.
Section 20. All Carpenters will be given five (5) minutes to wrap up their tools at the end
of the day and five (5) minutes wash up before lunch and quitting time.
Section 21. There will be no quotas imposed on Carpenters working on a jobsite.
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Section 22. Any Employer found guilty of offering cash to Carpenters for hours worked
shall pay a fine of twenty-five thousand ($25,000.00) dollars to the Carpenter’s Pension
Fund after he has paid monies that were due to the Benefit Funds. This will be decided
through the collective bargaining agreement grievance and arbitration clause.
Section 23. In order to protect and preserve for the employees engaged in the
manufacturing of custom fixture and mill cabinet products used in the trade, and in order to
prevent any device or subterfuge to avoid the protection and preservation of such work, it is
hereby agreed that all custom manufactured mill cabinet and architectural woodwork
products which are specified and required in the Employers contract with the client,
including doors specifically designed as matching components of said products, shall be
fabricated in a signatory shop within an area encompassing the five boroughs of New York
City and extending approximately 40 miles beyond the city’s borders. Doors, jambs and
related components which do not fall within the stated category will be excluded from this
provision.
Section 24. There shall be an afternoon coffee break only if the work continues for four
(4) hours in the afternoon.
Section 25. The Union and the Association agree to explore other forms of worker’s
compensation insurance, such as Alternative Dispute Resolution (ADR), to help our Union
Contractors be more competitive.
Section 26. The Parties acknowledge that pursuant to the New York State Paid Family
Leave Act, the Employer will be deducting from Employees’ wages, premium payments as
determined by the appropriate authority of the State of New York and remitted to same or a
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private Paid Family Leave carrier, unless other provisions are made by the Trustees of the
New York City District Council of Carpenters Welfare Fund.
Section 27. Apprentices and Journeymen who fail to notify the Employer in writing when
moving up in grade will only be entitled to a maximum of two (2) weeks of retro pay at the
higher rate upon providing verification of the higher classification from the Carpenters
Training Center.
Section 28. The Association and the Union agree to periodically meet to discuss new
technologies in the Industry.
Section 29. The requirements of the New York City Earned Sick Time Act are waived
pursuant to N.Y. Admin. Code Section 20-916
ARTICLE XX
Promotional Fund
Section 1. All Employers covered by this Agreement shall contribute to the Industry
Promotional Fund for the Association of Wall-Ceiling & Carpentry Industries of New York,
Incorporated (“Promotional Fund”) twenty-five cents ($0.25) for every hour worked by the
employees of said Employers for work defined by this Agreement.
Section 2. The Fund office of the District Council shall advise the Union and the
Promotional Fund whenever an Employer shall be in default in the payment of contributions
due the Promotional Fund.
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Section 3. Each Employer shall be bound by all the terms and conditions of the
Agreement and Declaration of Trust by and between each signatory of this Agreement,
creating the Industry Promotional Fund for the Association of Wall-Ceiling & Carpentry
Industries of New York, Incorporated and by all By-Laws adopted to regulate said Fund. The
Trustees of the Promotional Fund shall secure the approval of the Treasury Department
under the applicable provisions of the Internal Revenue Code, and shall amend the same if
necessary to secure such approval, so as to qualify the Employer contributions as
deductions for Federal Income Tax purposes.
Section 4. All Employer contributions to the Promotional Fund shall be remitted with
the contributions for the other Funds. The bank servicing the Funds shall deliver all such
contributions to the Promotional Fund after verifying that the amount of each such
contribution has been correctly computed by the Employer.
Section 5. The Promotional Fund shall reimburse the Funds all expenses incurred by
the Funds for services rendered by the Funds.
Section 6. The Promotional Fund and all payments thereunder may not be used for
lobbying in support of anti-labor legislation and for any purpose contrary to the interest of
the New York City District Council of Carpenters nor for subsidizing of any Contractor
during periods of work stoppage or strikes.
Section 7. There shall be established by this Agreement a Joint Review Committee,
consisting of two (2) members appointed by the Association of Wall-Ceiling & Carpentry
Industries of New York, Incorporated, whose duties among other things, should be to
periodically review any increase or decrease in the amount of the Surety Bond as the case
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may be, or in the event of a default of the terms and conditions of the Collective
Bargaining Agreement by signatory Employer when engaged in Drywall Construction as
defined in Article III, where a new, different, or additional bond is required; and to
perform such other duties and services as may serve to upgrade and maintain the
standards of proficiency of Drywall Installation, and to create greater work opportunities for
members of the District Council of New York City and Vicinity of the United Brotherhood of
Carpenters and Joiners of America.
ARTICLE XXI
Expiration Clause
This Agreement shall be binding on the Employer and the Union, their successors
and assigns. The duration of this Agreement shall continue until June 30, 2024 and shall
be renewed automatically for one year intervals thereafter unless notice to the other at
their last known address has been provided by either party by certified and regular mail no
more than ninety (90) days nor no less than sixty (60) days before the Agreement
expiration that such party seeks to negotiate a new Agreement or modify or amend this
Agreement through negotiations. Once negotiations have commenced, neither party will
seek to alter unilaterally the terms or conditions of employment of employees covered by
this Agreement until such terms have been changed by execution of a newly negotiated
agreement.
ARTICLE XXII
Retroactivity
It is mutually agreed that any changes to wages, fringe benefits and conditions provided
for in this Agreement shall not be retroactive to July 1, 2017.
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article,xxm
Effectuating Clause
The parties hereto make and enter into this Agreement, in witness whereof, we,
their duly authorized and empowered representatives, have hereunto set our hands and
seal on the dates shown below.
For THE ASSOCIATION OF WALL-CEILING &
CARPENTRY INDUSTRIES OF NEW YORK, INCORPORATED
0816:^2^119
For the Union:
DISTRICT COUNCIL OF NEW YORK CITY AND
VICINITY OF THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA.
The Trade Association and/or the Employer, signatory to this Agreement, hereby
acknowledges receipt of copies of the Agreement and Declaration of Trust of the New York
City District Council Carpenters Welfare Fund; Pension Fund; Apprenticeship, Journeymen
Retraining, Educational and Industry Fund; Annuity Fund; United Brotherhood of
Carpenters and Joiners of America International Training Fund; Vacation Fund; CCA
Metro; and Supplemental Fund.
Date: • I