6/27/2024
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (“MOA”) is between the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America (the “Union” or the “District Council”) and the Association of Wall-Ceiling & Carpentry Industries of New York, Inc. on behalf of its member-firms (the “Association” or the “Employer”), together the Parties.
1. All the terms and conditions of the Parties’ collective bargaining agreement and
any of its addendums or side letters (the “Agreement”) with term of July 1, 2017 through
June 30, 2024 are renewed except as specifically provided in this MOA.
2. The successor Agreement between the District Council and the Association will
have a term of July 1, 2024 through May 31, 2029.
| 3. | The all-in straight time hourly wage and benefit rates will be increased effective |
| as follows: | |
| The later of July 1, 2024 orratification by the Union’s Delegate Body: July 1, 2025: July 1, 2026: July 1, 2027: July 1, 2028: | $2.50$2.75$2.75$2.75$2.50 |
Allocations between wages and benefits and among benefits will be at the sole discretion of the District Council.
4. Article of the Agreement is modified to provide that any grievances by the
Union or the Association/Employer must be raised with the other party within forty-five
(45) days of the dispute occurring or by discovery given reasonable diligence.
5. Article of the Agreement is modified so that an Acting Shop Steward
assigned to the Employer on a particular job lasting less than forty-five (45) days, the
Acting Shop Steward will not be replaced on that job.
6. Article of the Agreement is modified so that a Temporary Shop Steward will
be assigned to a job to replace an Acting Shop Steward or a Certified Shop Steward out
on vacation, sick, or otherwise away from the job for more than five (5) working days.
7. Article of the Agreement is modified so that there will be no requirement for
a Shop Steward where the job has been completed and the job’s work force is reduced
to a two-person crew for punch list and clean up for a maximum total of ten (10) working
days. The arrangements hereunder may be modified so that the Union at its discretion
may assign a Shop Steward if the work goes beyond ten (10) working days. The
provisions of this Article are conditioned upon the Employer giving advanced notice
to the Union. Notwithstanding the arrangements described, electronic reporting hours
must be maintained. Failure of the Employer to meet all the conditions of this
provision’s arrangements will result in the Employer being required to pay to the Union a penalty equivalent to the daily wages and benefits of a Shop Steward for every day of violation.
8. Article of the agreement is modified so that two (2) members will be allowed
for layout only at the beginning of the project. Layout does not include the installation or
acceptance of jobsite material (Additional language will need to be edited so as not to
conflict with current 2-person language)
9. Article III, Section 5 of the Agreement is modified to provide to include the
following provision:
No Employer bound by this Agreement will sublet or subcontract to another contractor, subcontractor, or other entity the safety protection of openings and stairways unless the contractor, subcontractor, or other entity is a signatory with the District Council. This requirement includes the planking or other protection of openings and sidewalk bridge construction or maintenance.
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10. The Parties agree to waive the provisions of the New York State Labor
Law (“NYS LL”) § 198-e and by reference to incorporate the waiver into the
Agreement under the authority of NYS LL § 198-e(10).
11. The Parties agree to add a Sideletter in the form set out below:
MOST FAVORED NATION CLAUSE: The Union agrees
that in the event it grants more favorable terms or conditions than those contained in this agreement to any employer or association, the Union will extend those same terms and conditions to the parties to this agreement for the identical type of work.
Any disputes concerning this Side letter will be resolved pursuant to the Grievance and Arbitration provisions of the Parties’ Agreement. The Arbitrator may only determine if prospective application of the allegedly more favorable terms and conditions is appropriate. The Arbitrator is not authorized to award damages.
12. Paid sick leave /update language to reflect update in NYC & NYS law
For THE ASSOCIATION WALL-CEILING & CARPENTRY INDUSTRIES OF NEW YORK, INC.
Date:
| Date; | By:^—J^sephA. Geiger |
For the Union:
DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA..
Executive Secretary-Treasurer