NORTH ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
AGREEMENT
Between the
ASSOCIATION OF WALL CEILING & CARPENTRY OF NY INC.
and the
NORTH ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS LOCAL UNION 290 Covering Nassau and Suffolk Counties May 1, 2022, through April 30, 2025
Index
Recognition 2
Preamble 2
ART. ONE Jurisdiction (Geographic) 3
ART. TWO Council Representative 3
ART. THREE Union Security 3
ART. FOUR Grievance and Arbitration 3
ART. FIVE Jurisdictional Disputes- Procedures 4
ART. SIX Foreman and General Foreman 4
ART. SEVEN Conditions of Employment 4
ART. EIGHT Equal Employment Opportunity 6
ART. NINE Discharge Notice 6
ART. TEN Holidays 6
ART. ELEVEN Hours of Work-Overtime 6
ART. TWELVE Rates ofPay- Mode of Payment 7
ART. THIRTEEN Reporting Time-Shape-Up 7
ART. FOURTEEN Shift Work– Pay Schedule 8
ART. FIFTEEN Apprentices 9
ART. SIXTEEN Fringe Benefits 9
ART. SEVENTEEN Industry Advancement Fund 10
ART. EIGHTEEN Dues Check-Off 11
ART. NINETEEN Insurance 11
ART. TWENTY Steward 12
ART. TWENTY-ONE Mobility 12
ART. TWENTY-TWO Safety Requirements 13
ART. TWENTY-THREE Drug and Alcohol Policy 13
ART. TWENTY-FOUR Toxic and Hazardous Materials 14
ART. TWENTY-FIVE Alternative Construction Manager 14
ART. TWENTY-SIX Sub-Contractors 14
ART. TWENTY-SEVEN Labor Management Contract Security 15
ART. TWENTY-EIGHT Labor Management Committee 15
ART. TWENTY-NINE Management Rights 16
ART. THIRTY Savings Clause 16
ART. THIRTY-ONE Trade Autonomy 16
ART. THIRTY-TWO Work in Other Areas 19
ART. THIRTY-THREE Contracts 18
ART. THIRTY-FOUR MarketOpportunityFund/Provisional Program 19
ART. THIRTY-FIVE Residential 19
ART. THIRTY-SIX Duration of Agreement 19
Signatures to Agreement 20
Addendum A 21
Addendum B 22
Addendum C 23
Addendum D 24
1 2-3.
RECOGNITION
This Agreement is entered into by the Association/Contractor , hereafter referred to as
tire “Association”, on behalf of their members who employ or may employ unit employees and THE NORTH ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS and of THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, or any successor Council, hereafter referred to as the “Union”. Tire Union recognizes tire Association as the exclusive bargaining representative of all employer-members of the Association who have designated the Association as tlieir bargaining representative. The Association recognizes the Union as the sole and exclusive collective bargaining representative of all carpenters and employed by the Employer in the performance of all work coming within the jurisdiction of the United Brotherhood of Carpenters and Joiners of America.
The parties agree that the collective bargaining unit covered by this agreement is a single multi-employer bargaining unit consisting of employers represented by the Association that is bound to this agreement, including any individual employers who are not members of an Association but who sign tire agreement or agree to be bound to it.
This agreement shall be binding on signatory contractors who are or who may become signatory contractors during the duration of the agreement. Signatory contractors shall be bound by the terms of this agreement for the duration thereof irrespective of the fact that they may have terminated their membership in the Association.
The Employer is satisfied and acknowledges that the Council has claimed and demonstrated that the Council has majority support and represents a majority of tire Employer’s Employees in an appropriate bargaining unit for purposes of collective bargaining. Accordingly, tire Council demands recognition, and the Employer recognizes the council, as the exclusive bargaining agent under Section 8(f) for Nassau and Suffolk Counties of the NLRA (National Labor Relations Act) for all of its Employees within the contractual bargaining unit.
Employers who sign independently recognize a single-multi employer collective bargaining unit through the Association. In such case, each employer, by signing or agreeing to be bound by this Agreement thereby authorizes the Association to act as its collective bargaining representative for all matters pertaining to this Agreement and for subsequent negotiations, covering this multi-employer bargaining unit, and thereby expresses its unequivocal intention to be bound by group rather than individual action in collective bargaining, whether or not it becomes or remains a member of this Association. A withdrawal of such bargaining authority by any independent signatory shall only be effective if in writing and received by the Council not more than ninety (90) days and not less than sixty (60) days prior to expiration of the stated term of this Agreement, or any succeeding Agreement in effect between the Council and Association.
The parties hereby waive any right they may have to repudiate this Agreement during the tenn of this Agreement or during the term of any extension, modification, or amendment to this Agreement, or during the negotiation thereof.
PREAMBLE
The Employer is desirous of employing carpenters and joiners and all subdivisions of the United Brotherhood of Carpenters and Joiners of America in the Construction Industry and appurtenances thereto within the Territorial Jurisdiction of this Agreement.
This agreement is entered into to prevent strikes and lockouts, to facilitate the peaceful adjustment of grievances and disputes between the Employer and the Union and its members; to prevent waste, unnecessary and avoidable delays and the results through them to the Employer of cost and expense and to the employees covered thereby of loss of wages;to enable the Employer to secure at all times sufficient forces of skilled workers; to provide as far as possible for the continuous employment hereunder of labor; to provide that employment hereunder shall be in accordance with conditions and at wages herein agreed upon, and by reason of this Agreement and the purpose and intent hereof, to bring about stable conditions in the Industry, keep costs of work in the Industry as low as possible, consistent with fair wages & proper working conditions as provided for hereunder
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JURISDICTION (GEOGRAPHICAL) ARTICLE ONE
Section (a). The geographical jurisdiction of this Agreement shall be comprised of the following two (2) Counties of the Union: Nassau and Suffolk. South of the Southern State Parkway and West of the Seaford Creek shall be the territorial jurisdiction of the New York City District Council of Carpenters.
Section (b). Shop Agreements of the Union are separate and apart from this Master Agreement. Section (c). The Contractor shall notify the Council 72 hours prior to the start of the project.
COUNCIL REPRESENTATIVE
ARTICLE TWO
The Council Representative or any other authorized representative of the “Union” shall be allowed to visit the jobs of any Employer during working hours.
UNION SECURITY
ARTICLE THREE
Section (a). The Union agrees to furnish, through its office competent journeymen selected for reference to jobs upon a nondiscriminatory basis, such furnishing to be made upon request of the Employer and with the Employer retaining the right to reject or accept the applicants for employment.
Section (b). The Union agrees that its office will maintain appropriate registration facilities for the listing of persons possessing the skills required for the performance of work by the Employers. The Employer may employ applicants directly at the job site.
Section (c). It shall be a condition of employment that the employees of any Employer covered by this Agreement who are members of the United Brotherhood in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members in good standing on the effective date of this Agreement, or who are hired on or after its effective date, shall, on tire 8th day following its effective date, or the 8th day following the beginning of employment (whichever is later) become and remain members in good standing.
Section (d). It is the intention of the parties that hiring procedures under this Agreement shall conform strictly to the requirements of State and Federal Law, and that this Agreement shall provide the maximum union security permitted by law.
GRIEVANCE AND ARBITRATION
ARTICLE FOUR
Section (a). During the term of this Agreement, any question relating to its interpretation or any dispute arising from any provisions shall be subject to the following grievance and arbitration procedure, it being understood that this clause shall not be used for the purpose of determining subjects relating to trade jurisdictions.
1. The Job Steward shall attempt to resolve the dispute on the job with a senior representative of the Employer.
2. In the event that the dispute is not resolved by Step (1), a Council Representative and a Representative of the
Association/Contractor shall meet within 2 business days and attempt to settle the dispute.
3. Should Step (2) not resolve the issue in dispute within 5 business days, the two parties to the Agreement shall each appoint
three members to form a Joint Committee to hear the dispute and a decision by a majority of the Joint Committee shall be final
and binding on the parties.
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4. In the event that the Joint Committee is unable to decide the dispute within 15 days business days, either party may request
arbitration by submitting in writing, with a copy to the other party, a request to tire American Arbitration Association for a panel
of arbitrators, one of whom shall be selected by the Joint Committee. The decision of the Arbitrator shall be final and binding
on all parties concerned. Tire expenses of tire arbitrator shall be borne equally by the two parties to this Agreement.
Section (b). During the term of this Agreement, and during the period of hearing grievances and arbitration, neither party shall order or sanction any lockout, strike or other work stoppage or slowdown.
JURISDICTIONAL (DISPUTES-PROCEDURES) ARTICLE FIVE
Section (a). Jurisdictional Dispute by any Union(s) and which involves the Union, including any of its affiliated Local Unions (collectively North Atlantic State Carpenters”) agree not to use or be bound by the Plan for the Settlement of Jurisdictional Disputes (the “Plan”), except when PLA’s are the binding agreement for a particular project.
Section (b). All jurisdictional disputes which involve the Northeast Regional Council of Carpenters shall be settled through arbitration where the arbitrator shall be bound by and render his/her decision according to local area practice. The assignments of the Contractor(s) shall be followed, and work shall continue uninterrupted until the dispute is resolved. Decisions rendered by the Arbitrator shall be final, binding, and conclusive on the affected Contractor or Contractors and the Union or Unions. Hie Parties agree to utilize the rules of the American Arbitration Association for selection of an arbitrator and conduct of the arbitration.
FOREMEN-GENERAL FOREMAN ARTICLE SIX
Section (a). All Foremen and General Foremen shall be journeymen members of the Union and shall be hired and discharged subject to the provisions of the Labor Management Relations Act of 1947, as amended.
Section (b). A Foreman shall not act in the dual capacity of a job superintendent.
Section (c). General Foreman must be designated by the Employer when there are three (3) or more foremen employed on the job.
Section (d). When five (5) carpenters and/or apprentices are employed, one shall be designated as a foreman. He/she shall be responsible for the laying out of work and to assign work to respective workers. Tire foreman shall be permitted to work with journeymen’s tools at the discretion of tire employer.
CONDITIONS OF EMPLOYMENT
ARTICLE SEVEN
Section (a). Except as otherwise provided Article Twenty-One, a fifty percent (50%) ratio of carpenters must be joumeyperson whose employment with the Employer originated in the Council’s geographic jurisdiction and this ratio shall be maintained throughout such job in the manner heretofore described. This shall apply to each job of each individual Contractor.
Section (b). All employees shall receive five (5) minutes before noon, and at the end of each day’s work for the purpose of picking up their tools and securing them from loss through theft or damage resulting from job operations or weather conditions.
Section (c). The time-honored custom of a “Coffee Break” shall be permitted during the morning working hours with the mutual understanding that this custom shall not be abused by the employee or employer. A coffee break shall be permitted in the late afternoon if the job is to work more than eight hours
Section (d). Every employer shall provide a weather tight building or room large enough to accommodate the employees covered by this Agreement, for use as a tool room and shelter. This room shall be provided with a table and benches for use during lunch time for their use. During the months from November 1 thru April 1 the shelter must be heated.
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Section (e). A crib for employee’s toolboxes shall be provided. Hie crib shall be fitted for a padlock to be furnished by the employees on the job. When tools and clothing are left in said crib or are in a locked shanty, the employer shall be responsible for the loss of said tools and clothing by fire or theft by forcible entry. The maximum dollar amount that any employee may claim for a loss under this provision shall not exceed Five Hundred ($500.00) for Carpenters. A claim must be itemized, in writing, and sworn to before a Notary Public. Employees shall be responsible for their own negligence.
Section (f). The Employer agrees to furnish a supply of clean, pure and cool drinking water, either as running water or in a clean, covered container with spigot and a sufficient supply of disposable drinking cups.
Section (g). Toilet facilities shall be provided or made available in a sufficient number to accommodate all employees on the based on at least one (1) unit for every thirty (30) persons or fraction thereof. Such facilities shall consist of water closets, but chemical toilets shall be provided instead of water closets where water and sewer connections are not readily available. Toilet facilities shall be maintained in a sanitary condition and must comply with OSFIA standards
Section (h). All shop employees sent to work on the job site shall be governed by the conditions of this Agreement.
Section (i) All Lasers, when used on work within tire trade jurisdiction of the U.B.C, shall be furnished by the employer and are considered a tool of the trade and operated by employees covered by this Agreement.
Section (j). No employee shall be allowed to furnish his/her own sawhorses, benches, hand screws, straight edges, ladders, power or battery operated tools of any kind or description on any construction job.
Section (k). All special tools and/or equipment of any nature shall be furnished by the Employer.
Section (1). The Employer shall supply tire necessary ramgear and boots when conditions warrant their use. This ramgear shall remain the property of the Employer and must be returned upon request or in the absence of a request at no later time than the employee’s termination of employment. The employee shall be financially responsible for the equipment not returned; the amount not to exceed Twenty-five Dollars ($25.00).
Section (m). Hie Employer shall see that a First Aid Kit is furnished for the job and that the same shall be kept completely supplied with necessary medical equipment.
Section (n). An employee injured at work, shall be paid full wages and wage supplements for the time spent receiving medical attention on the day of the injury. If a “Doctor” certifies that said employee is unable to return to work on tine day of the injury, the employee shall be paid full wages and wage supplements for the day.
Section (o). The Employer will endeavor to provide proper parking facilities as near the job site as possible.
Section (p). All welding gear, welding torch, welder, burning equipment, gloves, sleeves, helmets, goggles, and any other type of welding instruments are to be supplied by the Employer.
Section (q). Instruments such as transit, level, theolite, laser when used as an instrument, piezometer when instrumented and fathometers when used on work within the trade jurisdiction of tire U.B.C. shall be considered a tool of the trade.
Section (r). All layout equipment shall be supplied by the Employer.
Section (s). Workers employed in areas protected from the weather may be required to remain at work.
Section (t). Ure Employer agrees that any and all form work must be constructed by a member of the union. And furthermore agrees that any form work that can be done on the job site or adjacent to the job site, must be done there.
Section (u). Whenever concrete is being poured, a carpenter is available, he to watch the forms and make necessary adjustments during the pouring. Any additional carpenters that may be required shall be the decision of the employer.
Section (v). Labor and Management are committed to have a safe and productive working environment. To accomplish this goal a program will be developed by Labor & Management to have all carpenters complete anO.S.H.A. 30 Safety Course.
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Section (w) Applicants for referrals through the Referral Hall shall be sent out in rotation provided they have the necessary skill and experience to fill die job as established by the Council. Carpenters who have been employed for substantial periods of time within die two (2) years prior to die date they seek employment through the Referral hall by any Contractor who is a party to tiiis Agreement, or by any other Contractor where such Contractor was a party to any agreement with the Union, shall be presumed to meet die general requirements of skill and experience and shall be placed on the referral list.
Section (x) All other carpenters must pass a fair and comprehensive examination given by die Local Union Examining Committee before they shall be placed on die job referral list.
EQUAL EMPLOYMENT OPPORTUNITY
ARTICLE EIGHT
The Employer and the Union shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability, marital status, sexual orientation or citizenship status with respect to any employment decisions as required by Federal, State and Local Laws.
DISCHARGE NOTICE
ARTICLE NINE
Employees shall upon discharge, receive one (1) hour notice with wages and benefits for the purpose of collecting his/her tools. It is understood that he/she shall remain on die job to the normal quitting time. If discharged at the end of the regular hours of work, he/she shall receive one (1) hours pay at the straight time rates in lieu of notice. Upon discharge, he/she shall be paid in full.
Any employee who does not receive his/her wages in full upon discharge or before quitting time shall be paid waiting time at straight time rate, including benefits, for each hour of waiting until he/she is paid in full including the waiting time hours, not to exceed two (2) days’ pay for waiting time.
HOLIDAYS
ARTICLE TEN
Section (a). Tire following days shall be considered Legal Flolidays.
New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Day
Section (b). No work shall be performed on the above-mentioned legal holidays without the permission of the Union. All work performed on the above-mentioned legal holidays shall be at double the straight time rates for the regular hours of the regular work day with straight time fringe benefits.
Section (c). Where a holiday falls on Sunday, it shall be observed on Monday.
Section (d). Holiday Pay, report in time, overtime and waiting time require payment of Fringe Benefits.
HOURS OF WORK – OVERTIME
ARTICLE ELEVEN
Section (a). The standard hours of work and start times are between the hours of 6:00 a.m. & 9:00 a.m. and 2:30 p.m. & 5:30 p.m. Monday through Friday with a thirty (30) minute unpaid lunch included.
Section (b). The working week shall be five (5) days from Monday to Friday inclusive of an eight (8) hour day. Except as provided hereinafter, no work shall be performed on any other days or outside the hours specified, without permission of the Union. A contractor may request a seven (7) hour work day by notifying a Council Representative 48 Hours prior to the start of project.
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Section (c). For all overtime worked beyond the hours of work set forth above, Monday thru Friday employees shall be paid at the rate of time and one-half the regular wage rate. Time and one-half the regular wage rate shall be paid for Saturdays. Double time wage rate shall be paid for all time worked on Sundays and Holidays. All hours worked will be at straight time fringes.
Section (d). Tire Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten hours at straight time in accordance with the law. A 4-10’s schedule may be instituted only upon the mutual consent between the Association and the Union. The 4-10’s must run for a period of at least four days and must apply to tire entire carpenter crew on the project. The Association and Union must mutually agree prior to project starting.
Section (e). When it is mandated by a Government Agency or requested by a General Contractor a flexible start time can be issued. It is understood that on all renovation, repair and alteration work that requires a single shift outside of the normal working hours herein specified, such time worked up to seven (7) or eight (8) hours where applicable shall be at the straight time rate plus fifteen (15) percent. Overtime on such work shall be at time and one-half the appropriate rate. It is understood and agreed that those employed on this type of work shall not have been employed on other construction during the regular working hours.
Section (f) 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, with tire permission of the Union, schedule the Friday or Saturday of that calendar week during which work was prevented, as a make¬ up day at straight time, depending on a 4-day or 5-day scheduled work week. All hours worked in excess of the normal day worked shall be paid for at the rate of time and one-half (1 1/2). When a holiday falls on the make-up day, then the makeup rate shall be time and one-half (1 1/2) for the normal days worked perfonned. hr order to utilize a Friday or Saturday as a make-up date, the employer must declare a regular work day “terminated” for one of the reasons listed above, no later than 10:00 am of tire 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. If carpenters are needed to work a make-up Friday or Saturday, other than those already working on the job, the employer shall hire 50% of its carpenters through referral from the Union, and it will use 50% of carpenters employed by it on other job sites. A make-up Friday or Saturday shall be a guaranteed a normal work day with a guarantee of a full day wages, with one-half (1/2) hour off to eat. Only employers in good standing, meaning those signatory contractors who are paid-up (wages and fringes), will be considered for a Saturday make-up day and permission will not unreasonably be withheld for a Saturday make-up.
RATES OF PAY – MODE OF PAYMENT
ARTICLE TWELVE
Section (a). The parties agree that the wage rates, hours and other terms and conditions of work shall prevail during the term of this collective bargaining Agreement.
Section (b). Effective on the dates listed, the hourly rates for tire listed craft classifications shall be as indicated. The Union reserves the right to distribute future wage increases into fringes.
Section (c). A statement shall be furnished with the payment of wages showing Employer’s name – Employee’s name – Total
Earnings – Total Hours and Tax deductions itemized. A payroll check shall be drawn upon a local financial institution within the region, payable on demand at par; provided the Employer cashing such checks shall provide reasonable facilities for cashing such checks. All employees shall be paid weekly, not later than Friday. In the event that employees are not paid by quitting time on Friday, Contractor will pay up to 3 (days) wages and fringes at double time rate. Employee must remain on site during this period.
Section (d). The Union shall have the right to require the employer to post a “Surety Bond” of $75,000 (seventy five thousand dollars) to guarantee the payment of wages and benefits to all employees covered by this agreement. This shall apply to non¬ association members only. If an Association member becomes delinquent the Union has the right to request that a bond be posted by the contractor.
Section (e). For wages and benefits see Addendum A
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REPORTING TIME – REPORT IN TIME
ARTICLE THIRTEEN
Section (a). All employees reporting for work at the beginning of a shift who are not furnished with work for any reason excluding inclement weather shall receive two (2) hours pay for “Reporting Time.” Should any employee commence work, he or she shall receive no less than two (2) hours pay. Hie employees shall remain on the job for the two (2) hours unless directed otherwise by the foreman. If weather or other conditions make it impractical to work, pay shall be based on the actual hours worked which includes “Reporting Time”.
Section (b). Employees ordered to report for work on Saturday or Sunday or days listed under ARTICLE TEN (10) and who are prevented from working because of inclement weather or other reasons beyond the control of the employer, the employees shall be paid at the applicable overtime rate if no work is performed during the hours of “Reporting Time” as required under Sections (a) above.
Section (c). If work is performed during any part of the above mentioned “Reporting Time” hours, the applicable overtime rate shall be paid, time and one-half on Saturdays, double time Sundays and holidays.
Section (d). Reporting time, report in time, holiday pay and overtime, require payment of Fringe Benefits.
Section (e). Where, for the benefit of an Employer, an employee must cross a body of water in order to reach the job site (islands including man made) and there is no public transportation available to said site, then it shall be the responsibility of the Employer to provide adequate safety and comfort for die employee’s transportation. The time for such transportation, whether public or private, shall be paid by die Employer (not ordinary bridge tolls) from the tune of departure from mainland until time of return to mainland.
Section (f). Pursuant to Section 9 of New York Labor Law Chapter 31, Article 6, § 196-b (“New York Paid Sick Leave Law”), the Employer shall make vacation contributions on employees’ behalf, as set forth in this collective bargaining agreement, in lieu of providing benefits in the manner described in die New York Paid Sick Leave Law.
SHIFT WORK – PAY SCHEDULE
ARTICLE FOURTEEN
Section (a).
(1). First Shift
Regular hourly rate of wages and benefits, with a 30 minute lunch break.
(2). Second Shift
Regular hourly rate plus 15% per hour, with a 30 minute lunch break.
(3). Third Shift
Regular hourly rate plus 15% per hour, with a 30 minute lunch break.
Section (b). All shift work hours are paid at straight time benefits.
Section (c). All requests for shift work shall be approved by the Union before start of same.
Section (d). Any hours worked outside the normal shift shall be at time and one half the appropriate wage rate for each appropriate shift.
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APPRENTICES
ARTICLE FIFTEEN
Section (a). An Employer who employs one (1) joumeyperson may employ one (1) apprentice. For each additional three (3) journeymen the employer may employ one (1) additional apprentice or as State Law permits.
Section (b). The Employer agrees that it shall make appropriate contributions as set forth in its Collective Bargaining Agreement with the Union in the amount set forth in this agreement. It is recognized that these designations may be changed during the term of the contract. The Employer’s remittance shall be in the form and manner as specified by the North Atlantic States Regional Council of Carpenters. In the event of a change of designation during the term of this Agreement, written notice of such change will be given to each employer at least five (5) business days prior thereto.
Section (c). The employer agrees to be bound and shall comply with agreements, declarations of trust, plans or other relevant documents with respect to the North Atlantic States Carpenters Training Fund.
Section (d). For wages and benefits see Addendum A.
FRINGE BENEFITS
ARTICLE SIXTEEN
Section (a). The Employer agrees that it shall make fringe benefit contributions to those fringe benefit funds designated by the Union, in the amounts set forth in this Agreement. It is recognized that these designations of the specific fringe benefit funds to receive contributions may be changed during the term of this Agreement, hi each instance, the Employer shall be bound by and shall comply with the agreements, declarations of trust, plans and/or regulations of the fringe benefit funds, and the labor management cooperation committees, so designated. The Employer’s remittance shall be in the form and manner as specified by the designated recipient of the contribution. In the event that a change of designation occurs during the term of this Agreement, written notice of such change will be given to each Employer at least thirty (30) days prior.
Payment will be made at the designated Fluid Office by Electronic Fund Transfer, payable to the North Atlantic States Carpenters Funds, or their legal successor. Such benefits and contributions to said Funds shall be made and paid by the employer purchasing benefits covering all such required contributions. The failure of the employer to comply with the requirement that weekly benefit purchases shall subject the employer to those remedies available with respect to nonpayment of wages. At the time of purchase of the benefits, the employer shall furnish the Fund Office with a statement providing such information as required on forms supplied by the Fund Office. The information shall include, but not be limited to, payroll or similar records which contain tire names of the carpenters, the job project, the number of benefits purchased and the date of issuance. The failure by the employer to fully supply this information shall constitute a material breach of the Agreement subject to those remedies available under this Agreement. It is understood that the employer will treat Vacation Fund and Political Action Committee Fund contributions as well as work assessments as wages so that all payroll taxes will be deducted from the gross total wages paid to the carpenter and the full contribution, net of said payroll taxes, shall be remitted. The Welfare Fund does not provide New York State Disability benefits.
Section (b). Failure on the part of the Employer to make the required contributions, by the end of the following payroll week in which the hours are worked, shall make the Employer liable for all contributions due, all collection costs including auditing and attorney fees, 20% of total due each Fund as liquidated damages, plus interest. The Employer agrees to comply with the collections policy enacted by the governing body of the designated recipient.
Section (c). Any Employer who is or becomes delinquent shall be required to post a” Surety Bond” in the amount of $75,000 (seventy-five thousand dollars) in such amounts as to secure all future payments to the wages and benefits. This shall apply to all Association and non-association members alike.
Section (d). Notwithstanding no strike provisions of this Agreement or the existence of the grievance and arbitration procedure, the Union shall have the right to remove Employees from the employ of an Employer who is thirty (30) days or more delinquent
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in the payment of contributions to the Fluids. Hie Union shall not be obligated to return Employees to work unless and until all delinquencies have been made as required.
Section (e). Where such action is necessary as a result of tlie delinquency of any Employer in the payment of wages or fringe benefits as set forth in this Agreement, such delinquent Employer shall be required to pay the Employees’ wages and fringes for each day not to exceed three (3) days prior to returning to employment for such Employer.
Section (f). The Trustees of the Funds shall have the authority to audit the payroll of a contributing Employer to determine-the accuracy of reports submitted to the respective Funds. In addition, the Trustees shall be authorized to audit the reports of a contributing Employer who may be more than twenty-one (21) day’s delinquent in its reports. The cost of the audit are to be paid by the delinquent Employer.
Section (g). A seven (7) day notice to the delinquent Employer of the proposed audit shall be deemed sufficient notice. Such notice shall direct the Employers to have its books and records available to the auditor.
Section (h). The Union retains the exclusive right to allocate, or to reallocate, at any time, all wages and contributions to those Fringe Benefit Funds determined by tire Executive Secretary-Treasurer.
Section (i). On request, each Employer and/or Union shall receive a copy of the Fluids’ annual reports. Section (j). Weekly Contributions
Section (k) . Throughout the life of this Agreement the Council will periodically provide the Association and/or Employers with rate sheets providing for the allocation of benefits to its Employees. The Employer is solely responsible for providing its Employees with the correct benefits. It is understood and agreed that the preceding provisions shall apply to each of the jointly administered Funds: North Atlantic States Carpenters Health & Welfare Fund, North Atlantic States Carpenters Pension Fund, North Atlantic States Carpenters Training Fund, North Atlantic States Carpenters Annuity Fund and the North Atlantic States Carpenters Labor Management Program or its successor funds.
Section (1). The phrase “employees covered by this Agreement” shall be deemed to include full time employees of the Union. For the purpose of computing payments to each of the funds, overtime hours shall be figured at straight time rates.
Section (m). All Employers shall be responsible for payment of all amounts due the “Benefit Funds” of its Sub-Contractors after receipt by the Employer of notice from the Union that such Sub-Contractors have been delinquent in payment of Benefit Fund contributions for seven (7) days from the due date.
Section (n). Effective January 1, 2023, each Employer shall make all Fund contributions and working dues deductions utilizing the Funds’ electronic benefit program. The electronic benefit program to be utilized by the Funds will provide for the payment of benefits by Employers for each hour due to the Funds under this Agreement and dues deductions as provided for in Article Eighteen (Article 15 in AGC CBA). All Employers will be required to remit all benefit contributions to the Funds using the Fund Office’s I-Remit program, or any successor electronic benefit program utilized by the Funds.
The Funds have established the North Atlantic States Carpenters Central Collection Agency (NASCCCA) whose purpose is to perform the collection, auditing and related activities for the Funds. The NASCCCA is directed equally by Union and Employer Trustees.
INDUSTRY ADVANCEMENT FUND
ARTICLE SEVENTEEN
Hie Industry Advancement Fund for the Association of Wall, Ceiling & Carpentry Industries has been established for the
purposes of promoting industry advancement and related programs to improve conditions in the industry and enhance employment of employees within the jurisdiction of the Union.
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AH members of the ASSOCIATION who have designated the ASSOCIATION as their collective bargaming representative with respect to negotiations with the COUNCIL, and all independent Employers who authorize such payment and are signatories to the Collective Bargaining Agreement shall contribute to the AWCC Industry Advancement Fund an amount equal to twentyfive ($.25) cents per hour for all hours worked. Upon authorization, the contributions required hereunder shall be collected in tlie manner set forth in Article Sixteen of the Agreement. There shall be no commingling of tiiese funds with those fringe benefit contributions and dues check-off, due and owing to the COUNCIL.
All monies received by die benefit funds for the Industry Advancement Fund shall be immediately remitted to die offices of the Industry Advancement Fund. The function of the Benefit Funds is merely to collect such monies from the employer.
The parties agree that this arrangement has been agreed to only as a matter of convenience in order to facilitate the transmittal of contributions to the Industry Advancement Fund. All costs for clerical, legal and administrative services are to be bome solely by the Industry Advancement Fimd.
It is expressly understood that neither the COUNCIL nor its jointly administered Benefit Funds shall exercise any dominion or control over the collection or utilization of the monies paid to die Industry Advancement Fund. Neither die COUNCIL nor its jointly administered Benefit Funds shall be required to engage in any acts witii respect to the collection of monies for the Industry Advancement Fund.
The Industry Promotional Fund shall hold harmless and defend the COUNCIL and its jointly administered Benefit Funds and their Tmstees and representatives from any and all loss or damage including any legal fees incurred for the defense of any claim or lawsuit occasioned as a result of administering the collection of the Industry Promotional Fund.
The Fund shall not be used for the purpose of financing legal action against the Union, lobbying in support of anti-labor legislation and it shall be operated in accordance with applicable law.
DUES CHECK OFF
ARTICLE EIGHTEEN
Check-Off. The Employer will check off and remit to the Union, work dues for all employees who have executed (signed by the employee) and furnished to the Employer a payroll deduction authorization form. The Union will supply the payroll deduction authorization forms to the employees. The Employer will deduct the amount of 6% (or other subsequently duly authorized amount) from tire total hourly package (wage plus vacation) of all employees who sign a duly authorized and signed payroll deduction authorization fonn. Tire Employer will remit said deductions to the designated Fund Office. Indemnification. The Union will indemnify and hold the Employer harmless against any and all claims, demands, or other fonns of liability which may arise out of, or by reason of any action taken, or not taken, by the Employer at the request of the Union, in accordance with the provisions of this Article.
Deductions. Deductions shall be made only for those employees who have voluntarily submitted the Employer with written authorization. The written authorization will be delivered to the Employer before any payroll deductions are made. Any authorizations for check-off of Union work dues that are incomplete or in error, will be returned to the Union by the Employer.
The Working Dues Check-Off remittance shall be made weekly in which the hours were worked. The remittance shall be forwarded to the designated Fund Office.
INSURANCE
ARTICLE NINETEEN
Section (a). The employer shall furnish and post proof of Workers’ Compensation, Disability Benefits Insurance, and meet all other requirements as prescribed by Federal and State laws.
Section (b). The Union and the Association/Employer agree to consider implementation of a Workers’ Compensation ADR Program.
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Section (c). Prior to commencing any work, the contractor shall cany’ all required Worker’s Compensation Insurance covering all carpenters with an insurance carrier licensed or authorized to do business in the State of New York. The contractor shall, at his own expense, cover carpenters under die Disability Benefits Law of the State of New York effective immediately upon the commencement of work. Hie contractor shall make all Social Security payments and all New York State Unemployment Insurance payments for all carpenters. The contractor shall carry any and all protective insurance and shall make any and all social benefits payments covering the carpenters which he is required to carry or to make under any federal, state, municipal or local law, rule or ordinance. Upon signing an Agreement with the Union or the Association or upon request by the Union the contractor must provide proof with a copy of Workers’ Compensation Coverage form C105.2, Disability Coverage form DB120, NYS Unemployment Insurance and Federal Withholding Tax Numbers or an equivalent accepted by the union.
STEWARD
ARTICLE TWENTY
Section (a).
1. The General Contractor, as an employer, recognizes the right of the Union to appoint one of its members to act as steward
on the General Contractor’s payroll immediately upon the commencement of any carpentry activity on the job by the General
Contractor or any subcontractors which are covered under this agreement. When tire General Contractor does not employ any
carpenters on the site, tire General Contractor recognizes the right of the Union to appoint one of its members as Steward on a
sub-contractor’s payroll immediately upon the commencement of any activity on the job.
2. The Union shall appoint a working steward. The Union shall advise the employer, or his/her representative, of the designation.
The steward shall be employed whenever any work covered by this Agreement is being done on the job on which he/she is the
steward, provided he is qualified to do such work. He/she shall be included among the joumeyperson who may be required to
work overtime.
Section (b). Tire steward shall be allowed a reasonable length of time to perform his/her duties.
Section (c). Tire General Contractor shall assist the Union in obtaining work for the steward with a subcontractor when the General Contractor has no employees employed on the job.
Section (d). The steward shall not be laid off, transferred or discharged without prior mutual agreement of both parties.
Section (e). Ure steward if unjustly laid off, a grievance will be filed, and the steward will be made whole for all time lost if the layoff was unjust.
Section (f). When the employer is dissatisfied with the conduct of the steward, he/she shall notify the Union of his/her dissatisfaction and it shall be the duty of the Union to take corrective action.
Section (g). The steward shall be notified when any hiring, firing or lay-off is contemplated.
MOBILITY ARTICLE TWENTY-ONE
Section (a). The first person on the job shall be tire Steward assigned by the Union. The second carpenter on tire job shall be the employer’s Foreman, who must a member of Local 290 or referred by the Council, (or otherwise he would be matched, but not by a Steward). If the Contractor is a member of an Association, they may then refer to section ( e) of the article.
Section (b). Tire employer shall have the right to assign the balance of tire workforce from among its existing employees so long as the joumeyperson’s employment with tire Employer originated in the Council’s geographic jurisdiction. If the Employer assigns a joumeyperson whose employment with the Employer did not originate in the Council’s geographic jurisdiction, the Union will have the right to match as per current Agreement (50/50). On all jobs having five (5) or more carpenters, the contractor will make a reasonable effort that at least one (1) of said five (5) shall be a carpenter with 25 continuous years of service or more under the terms of collective bargaming agreement within the Council’s geographic jurisdiction, or one may be appointed by a Council Representative.
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Section (c). If it is determined by the Union that the employer has violated the provisions of this Agreement (for example, not reporting jobs, failure to pay proper wages and benefits), and the Union has infonned the Association in writing of tire violation that has occurred tire employer shall have access to the grievance procedure within Article Four (4) of this agreement to contest any alleged violation.
Section (d). Tire Steward shall have the right to check all employees’ paychecks, on a weekly basis, to verify proper wages and vouchers.
Section (e). Projects of 2 Joumeypersons or less
1. Contractor must notify the Local/Council prior to start of project.
2. Contractor must be paid up to date with benefits on all projects within NASRCC.
3. Steward Reports must be submitted weekly from one of the Joumeyperson Carpenters on site who is a Local member of
jurisdiction selected by the Council.
4. Benefits must be purchased weekly for project.
5. All Carpenters must be from Council, or they will be matched by a carpenters assigned by the Union.
6. If job conditions change to the extent that a third person or more are required, then a Steward will be assigned by the Council
and continue on the project as tire third person until the completion of the project. If the project should resort back to its
origin of two carpenters, one of said carpenters shall assume the role of the shop steward as long as they complete the
certified shop steward class offered by Local Union 290.
7. Any default of these rules, tire contractor may lose this ability for the entire length of the agreement. Both carpenters
(Foreman and Joumeyperson) must be from the North Atlantic States Regional Council.
9. This provision is only obtainable for Association members.
Section (f). Association members are allowed up to five (5) days with one (1) Carpenter whose employment originated in the Council’s Geographical Jurisdiction to work on Punch List items. Notification to the Council must be made prior to the start.
SAFETY REQUIREMENTS ARTICLE TWENTY-TWO
The Employer shall comply with provisions of OSHA and Industrial Code Rule 23, issued by the State of New York, Department of Labor, regarding the safety and protection of persons employed in construction and demolition work and other applicable New York State Department of Labor Safety Requirements. Violations of accepted or mandated safety procedures shall be cause for immediate discharge. Use of alcohol or narcotics during tire regular workday shall be cause for immediate dismissal.
DRUG AND ALCOHOL POLICY ARTICLE TWENTY-THREE
Section (a). Labor and Management are committed to providing employees with a dnig-free and alcohol-free workplace. It is the goal to protect the health and safety of employees and to promote a productive workplace and protect the reputation of Labor and Management and the employees.
Section (b). Consistent with these goals, the Employer prohibits the use, manufacture, possession, distribution or sale, at its employment sites, of drugs, drug paraphernalia or alcohol. A program of urine testing, pursuant to the Substance Abuse Program, may be instituted, upon mutual consent of Labor and Management.
Section (c).
1. If the owner or Employer requires a blood test or urinalysis for drug and alcohol testing, such tests shall be performed on company time and paid by the Employer. The Employer has the right to terminate tire employment of any Employee testing positive.
2. Hie Employee has the right to have a second test taken on his own trine and at his own expense within 24 hours of receiving
the results of the first test. If the second test proves negative, the Employer will reinstate the Employee or require a third test.
3. If a third test is required it shall be taken on the Employees time within 24 hours of receiving the results of the second test.
The Employer shall pay the expense of such testing. If the last two tests prove negative, the Employee shall be reinstated.
TOXIC AND HAZARDOUS MATERIALS ARTICLE TWENTY-FOUR
Section (a).
1. Carpenters employed in the removal or abatement of asbestos or any toxic or hazardous material or required to work near asbestos or any toxic or hazardous material shall wear all protective equipment mandated by New York State or Federal Regulations or required by the Employer as a safety precaution. Protective equipment subject to this provision shall include but is not limited to asbestos suits, face masks and special breathing equipment.
2. Carpenters employed in the removal or abatement of asbestos or any toxic or hazardous material or required to work near asbestos or any toxic or hazardous material and required to wear protective equipment as explained in Section (a) Paragraph (1) shall receive two (2) additional hours of wages and benefits per day.
Section (b). The Employer shall provide all required hazardous material protective equipment.
Section (c). When showers, x-rays or change to asbestos suits are required, provisions shall be made for the appropriate facilities. All showers, x-rays and changes to asbestos suits, when required, shall be performed during working hours or paid at the applicable overtime rate.
ALTERNATIVE CONSTRUCTION MANAGER LANGUAGE ARTICLE TWENTY-FIVE
Whenever any signatoiy contractor performs work as a construction manager or solicits bids from subcontractors, considers proposals submitted by subcontractors or coordinates work performed by subcontractors, it shall be deemed to be a general contractor subject to the terms and conditions of this Agreement, with respect to all jobsite work, including, but not limited to, assuring that all work covered by this Agreement is performed by contractors that are parties to a collective bargaining agreement with the Union, provided, however, this provision shall not apply to 1) any affiliated development company or entity that does not manage and/or coordinate the construction contracts or construction work and that does not participate in the selection of subcontractors or 2) any signatory contractor acting as a construction manager overseeing a public works project, where a bid awarded to a non-signatory contractor as the lowest responsible bidder is outside of the control of the construction manager and is otherwise required by law. The Employer recognizes that the Union, pursuant to the National Labor Relations Act, has the right to request that the Employer provide it with information relating to whether it manages and/or coordinates contracts or construction work or the selection of subcontractors and/or whether work has been awarded to the lowest responsible bidder on a public works project.
SUB-CONTRACTING ARTICLE TWENTY-SIX
Section (a). This Agreement shall bind the parties hereto and any and all Subcontractors employed by the Contractor and any contract entered into with any Subcontractor shall contain a stipulation binding said Subcontractor to the conditions and covenants of this Agreement. The Contractor shall be responsible for any claims against any of its Subcontractors relating to wages and contributions due to the Welfare, Pension, Vacation, Annuity, Labor-Management Cooperation and tire Apprentice Training Committee Trust Funds or other Fringe Benefit Funds enumerated herein. Every Employer party to this Agreement shall notify the Council of the awarding of any contract on which carpenter works is to be performed, whether by the Contractor or its Subcontractor. Said notice shall include location of the job and the name and address of the Contractor or Subcontractor involved. To the extent permitted by law, failure to comply with this section shall be a breach of the Agreement and shall authorize the Union to remove its members from any job on which said Contractor or Subcontractor is working until said notice is complied with. Said notice shall be within thirty (30) days of contract award and in any event no less than seventy-two (72) hours before the start of work.
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Section (b). The Contractor bound to this Agreement agrees not to accept bids from or sublet any work to any General Contractor, Construction Manager, Project Manager, Builder, Site Manager, Broker or other entities unless the said entity has a signed Agreement with the Union. This paragraph can be waived by tire Union, which consent shall not be denied so long as tire Contractor, etc., has not demonstrated in the past, a failure to adhere to a Carpenters CBA, including but not limited to, failure to pay applicable wages and fringe benefit contributions, or otherwise by actions such as failure to adhere to applicable area standards. For purpose of this Agreement, the Contractor, etc., must agree that it is a construction employer within the meaning of tire NLRA (National Labor Relations Act).
Section (c). A Contractor acting in the capacity of a Construction Manager agrees that it or any of its Subcontractors will not contract or subcontract carpentry work to be done at the site of construction, alteration or repair of the building, or structure, except to a person, firm or corporation party to a current labor agreement with the Union.
Section (d). A Contractor acting in the capacity of a General Contractor, Construction Manager, Prime Contractor, Builder or Owner shall furnish the names of all carpenter Subcontractors to the Union in whose geographic jurisdiction the job is located, on forms supplied by the Union before Subcontractors start work, when requested by the Union.
Section (e). It is agreed that the word “Contractor” or “Employer”, as used herein, means not only a Contractor or Employer which is signatory hereto, but also means and shall include any other firm (whether a corporation, partnership, joint venture, limited liability company, or other business entity) engaged in tire construction and/or carpentry industry in which an officer, a partner, principal stockholder, member or sole proprietor of the signatory contractor or employer hereto is also an officer, a principal stockholder, partner or single proprietor of such other firm and has significant degree of control of such other firm, where the intent or effect or consequence of such association undermines temrs and obligations of the signatory Contractor to this Agreement. Management consultants, construction managers, developers, and owners/builders having construction site responsibility will also be considered as “Contractors” or “Employers” for the purpose of this Article and this Agreement. Further, any person or entity performing any of the following services will be considered an Employer: The solicitation of bids from Subcontractors; the consideration of proposals submitted by Subcontractors; the coordination of work perfbnned by Subcontractors; and the supervision of the construction project.
Section (f). The General Contractor shall be responsible for collecting tire pay for the carpenter Job Steward, if any work is performed by the Subcontractor who performs work without reporting same to the Union before starting the job.
Section (g). If, as a result of violations of this Article, the Council and/or the Trustees of the Funds shall have discretion to institute a court action to enforce any right hereunder, the loser shall pay all costs of such action, including attorney’s fees.
LABOR MANAGEMENT CONTRACT SECURITY ARTICLE TWENTY-SEVEN
Beginning June 1, 1994, if and when the Employer shall perform any work of the type covered by this Agreement within die North Atlantic States Regional Council of Carpenters’ jurisdiction area, under its own name or any other name, including a joint venture, wherein the Employer either directly or indirectly has a significant degree of ownership, management or control, the terms and conditions of this Agreement shall be applicable to all such work.
LABOR MANAGEMENT COMMITTEE ARTICLE TWENTY-EIGHT
A joint labor/management committee “Joint Committee”, consisting of four (4) Representatives appointed by the Associations signed to the Local Union 290 Agreement along with four (4) Representatives appointed by the Executive Secretary/ Treasurer of the North Atlantic States Regional Council of Carpenters shall be formed to address contract issues and meet on a quarterly basis and, if necessary, at the call of one or more of the Joint Committee Representatives. By unanimous agreement, the Joint Committee shall have the autiiority to implement contract changes within the term of this agreement. The Joint Committee shall address jurisdictional issues that arise during die term of this agreement. By unanimous agreement, the Joint Committee shall have the authority to negotiate terms and conditions of a residential agreement.
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MANAGEMENT RIGHTS ARTICLE TWENTY-NINE
Except where specifically limited by this agreement, the direction of employees, the determination of employee competency, tire right to hire, transfer, promote, discharge, lay-off for lack of work and the scheduling of work are rights vested in the employer.
In the event that the Union grants more favorable terms and conditions than those specified in this agreement to any employer or employers, unless approved by the Executive Director of the association and the Union, then this agreement may be modified, at the option of employer, to incorporate such other more favorable terms and conditions.
Union shall retain an affirmative duty to notify employer, or employer’s representative, of the existence of any different collective bargaining agreements, unless so approved, than the one entered into by the Union herein, within seven days of signing said agreement.
SAVINGS CLAUSE
ARTICLE THIRTY
It is mutually agreed that if the adoption of any State or Federal Legislation or Regulation, or a decree of a Court of Competent jurisdiction, conflicts with or is contrary to or has a direct bearing upon any of the provisions of this Agreement, negotiations will be opened to make the necessary adjustments in this Agreement, but negotiations will be confined to changes in existing laws and regulations. It is further mutually agreed that if any changes in New York State Labor Law 220 or Federal Davis Bacon Prevailing Laws are adopted, which would cause a signatory employer to be less
competitive than a non-signatory employer, a wage and fringe reopener can be requested. Both the Association and Union must agree that the union contractor is less competitive because of the above changes. Should any provision of this Agreement be declared invalid, such declaration shall not invalidate the remaining portions of this Agreement.
TRADE AUTONOMY ARTICLE THIRTY-ONE
Tire Trade Autonomy of the United Brotherhood of Carpenters and Joiners of America consists of the milling, fashioning, joining, assembling, erecting, fastening or dismantling of all material of wood, hollow metal or fiber or of the products composed in part of wood, hollow metal or fiber, the laying of all cork and composition; all other resilient floor covering, all shingles, the erecting and dismantling of machinery and the manufacturing of all wood materials, all drywall construction, all acoustical ceilings, soundproofing, fireproofing and welded wire sandwich panels; the burning, welding, rigging and the use of any and all instruments and tools for layout work, incidental to the trade. The unloading, loading, uncrating, unwrapping, handling, distribution, placement, assembly, and installation of all materials, traditionally and historically related to the work of the Carpenter shall be the work of the Carpenter.
DRYWALL: “All work in connection with the delivery, installation, erection and/or application of all material and component parts of walls and partitions regardless of their material composition or method or manner of their installation, attachment or connections, including, but not limited to, the following items: 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 bracing board, finish board, fireproofing of beams and columns, chases, including but not limited to the spraying of insulation, fireproofing, sound, thermal and rigid 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.”
“All work in connection with the installation and erection of all gypsum wallboard to receive a veneer coat, plaster or lath or to receive traditional plaster if such materials are to be secured to nailable or screwable metal studs.” Hie carpenter will be responsible for all CLT (Cross Laminated Timber), Glulam, LVL, Nail Laminate Timber (NTL) Laminated Strand Lumber, Single Strand Mass Timber or Wood Post and Beam or any variant of the aforementioned.
Acoustical Ceiling Systems – Five (5) general types:
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1. Direct hung suspension system.
2. Attached concealed system without backing board.
3. Furring bar attached system.
4. Furring bar suspension
5. Indirect hung suspension system.
All work necessary for the installation of the above ceiling systems shall be according to tire decision rendered by the National Joint Board for the Settlement of Jurisdictional Disputes on August 24, 1966.
All work in connection with metal trim, interviewers, door knockers and mechanical chimes, construction and securing of all boxes, wood and/or metal floor and wall penetrations in reinforced concrete construction; prefabricated tile panels, fiberglass sandwich panel (wire styrofoam) composition and/or any other wood substitute materials; wood and metal store fronts, building entrances, elevator entrances, etc.; fabricate and install precast and prestressed concrete members used in all types of building construction; fabricate and install partitions, dividers and sliding doors, constructed of wood, metal, plastic, composition and/or substitute materials; fabricate and install all kalamein work and hollow metal work.
The term “CARPENTER” and the term “JOINER” are synonymous and, in either case, shall mean one who prefabs or constructs fonns for footings or foundations of houses or building structures of all descriptions, whether made of wood, metal, plastic or any other type of material; the erecting of structural parts of a house, building, or structure made of wood or any substitute such as plastic or composition materials, who puts together roof, partitions, fabricates or erects fonns for decking or other structural parts of houses, buildings or any structure and dismantling of all forms. The fabrication, erecting and dismantling of all false work, where power is used for the setting or dismantling of fonns, or any other material erected by carpenters. All handling and signaling shall be done by carpenters. Ure fabrication and/or setting of all templates, including anchor bolts and/or leveling of these bolts, is included.
All framing in connection with the setting of metal 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 (1) member. The making and setting of all forms used in concrete work including Stay-forms (wire mesh/Styrofoam). The hanging of all joists in relation to concrete form work.
The installation of all framework partitions and trim materials for toilets and bathrooms, including but not limited to towel bars, grab bars, paper towel holders, mirrors, toilet paper holders, etc., made of wood, metal or plastics or composition materials; fastening on of all wooden, plastic 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 fireproofing or concrete centers; setting and hanging of all sash, doors, inside and outside blinds, windows and other frames, erection or application of all shingles, siding, wallboard or sheets composed of wood pulp, plastic, plaster transite or composition materials or any combination of any of the above with any other material including combined or faced with metal regardless of the manner attached.
Cutting and applying of all furring; making and fastening of wood brackets for metal ceilings and side walls, erection of all wood furring for cornices and putting on all grounds for plaster or cement finish. The building and construction of all derricks; the making of mortar boards, boxes and trestles, putting in needle uprights; all shoring of buildings, razing and moving buildings. Tire building, erection and dismantling of scaffolding and staging. All free-standing scaffolds shall be in accordance with the decision of Record and Scaffolds rendered April 28, 1920. The setting of curb forms on properties other than highways shall be manned in accordance with the letter agreement of July 27, 1964.
Fitting installation and fastening of stops, beads and molding in doors and windows; framing of all false work, derricks and hoists, travelers and all lumber or material used in the building and construction industry; putting on of all hardware; putting up interior and exterior trim or finish of wood. Ilie hanging, setting and installation of wood, metal, plastic or any other wood substitute materials, all types of doors, sash, jambs, bucks, casing, moldings, chair rails, mantels, base or mop boards, wainscoting furniture, china closets, kitchen cabinets, wardrobes and installation of bowling alleys.
The manufacturing and erecting of cooling towers and 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, drapery hardware, curtains and curtain hardware. The application of acoustic tile, whether glued or nailed, and acoustical suspended ceiling in its entirety.
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All work in relation to the installation of Photovoltaic Energy Systems (Solar Panels) Wind Turbines and other forms of renewable energy to include the followmg: foundations, anchor bolts, supports, brackets, pans, racks, positioning motors, counterweights and supporting structures of any kind regardless of material or design. All rigging, setting prefabrication, fastening, welding, bolting in relation to these systems, whether built on land, flat roofs, pitched roofs or any other application. When systems are mounted on motorized frames designed to be directed towards sunlight, the motorized systems will be the work of tire millwright. Any changes in technology or materials that replaces an application that falls under carpenter or millwright jurisdiction shall be deemed the work of tire carpenter or millwright.
Instruments such as Total Station or equivalent, transit, level, theodolite and laser when used as an instrument, piezometer when instrumented and lithometers are used by carpenters in the course of their work. The laying out of line and grade from points set in the immediate work area by the job surveyor for the purpose of perfonnmg carpentry work. There shall be no limitation of the Carpenters’ use of any layout tool or instrument, which shall include any new advancements such as Robotic Layout Machines’
Building and erecting stairs, store, office, bank and other fixtures, shelving to include but not limited to metal, wood, composite and particle board and racks whether of wood or other material; making and fitting screens; putting on weather strips and caulking. The installation of laboratory equipment and related components including cabinets and work benches, bookcases and cabinets, either separately or used hi conjunction with heating and/or air conditioning units, blackboards, bulletin boards, meterboards and boards of all types.
The installation of insulation material of all types, whether blown, nailed or attached in other ways to walls, ceilings and floors of new or existing buildings shall be work of the carpenter. The handling of lumber, fixtures, trim and other materials erected by carpenters. Hie erection of porcelain enameled panels and metal siding The handing and installation of all wardrobe closets and lockers. The assembling and setting of all seats and bleachers and components thereof in theaters, halls, churches, schools, banks, stadiums and open air structures, facilities and other buildings; installing wood, metal and plastic comerbeads; erecting mortar and bnck hoists and concrete distributors used in erecting buildings or fireproofing floors, or for pouring concrete buildings, building and repairing coal pockets, breakers washer, tipples, setting of forms for sidewalks, sidewalk lights, curbs and gutters and all welding and burning incidental to carpentry. The installation of all bathroom blocking and accessories. All tagging, rigging and signaling incidental to the trade.
The parties agree that the work jurisdiction covered by this Agreement, includes, but is not limited to, tire followmg: heavy highways and bridge work, commercial and industrial construction work; home building and housing construction work; the handling, milling, fashioning, joining, assembling, erecting and/or dismantling of materials of wood, metal, plastic fiber or any substitute material or materials, the laying of all cork or compo flooring, rubber tile, plastic tile, cork tile and all linoleum; tire application of all asphalt shingles, roll roofing and all standing seam roofing systems; tire erection and the dismantling of machinery; the erection of modular homes, the manufacture of all wood and substitute material where the skill, knowledge and training of a carpenter are required, either by tire operation of machinery or the hand tools, the unloading or handling of all materials; the erection, fitting, plumbing, leveling, aligning and setting of precast concrete pieces; the manufacture and/or production of all concrete pieces made by precasting, postressing or by prestressing; the erection, fitting plumbing, leveling, aligning and/or setting of all metal studding; the unloading, handling and installation of store fixtures; the unloading, handling and placing of all refrigerated cases and/or boxes.
This claim and underlying jurisdiction therefor extend over the following division and subdivision of trade:
Carpenters, hod-hoist carpenters, joiners, millwrights, cabinet makers, bench hands, stair builders, millmen, wood and resilient floor layers, finishers, carpet layers, shinglers, siders, insulators, acoustic and drywall applicators, casket and coffin makers, railroad carpenters, furniture workers, shipwrights, boat builders, reed and rattan workers, ship carpenters, joiners and caulkers, box makers, dock and wharf carpenters, car builders, underpinners and timbennen, pile drivers, shorers and house movers, loggers, lumber and sawmill workers, and all those engaged in the running of woodworking machinery or engaged as helpers to any of the above divisions or subdivisions.
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WORK IN OTHER AREAS ARTICLE THIRTY-TWO
The Employer agrees that if it performs any work covered under any Collective Bargaming Agreement of the North Atlantic States Regional Council of Carpenters, the Employer shall be bound to the terms and conditions of this Agreement applicable to tlie construction site location where said work is being perfonned as if it were signatory to the applicable Agreement.
CONTRACTS ARTICLE THIRTY-THREE
Section (a). No Employer who is a party to this Agreement may make a contract with a member or members of the Union covering labor only, nor may any member of the Union take such a contract.
Section (b). No Employer shall sublet, lease, piece or lump out carpentry labor or any part thereof nor shall any employee represented by tire Union work for any Employer who takes labor contracts or pieces or lumps his work.
MARKET OPPORTUNITY FUND/PROVISIONAL PROGRAM ARTICLE THIRTY-FOUR
All members of the Association who are signatory to this agreement may utilize Market Opportunity Fund/Provisional Program for the scope of projects defined therein. All terms and conditions of this Collective Bargaining Agreement shall apply, Notification of request must be at least 72 hours prior to bid date. Please refer to Addendum A.
RESIDENTIAL ARTICLE THIRTY-FIVE
It is tire intention of the parties that this Agreement be applied to residential construction work. Residential construction consists of those projects involving the construction, alteration or repair of single-family houses or apartment buildings of no more than four (4) floors in height, town homes, row houses, single family homes, mobile homes, multi-family houses, apartment buildings of four (4) floors or less and assisted living facilities of four (4) floors or less. Excluding dormitories and student housing, (four (4) stories shall be above ground level and shall not include the buildingh basement nor unfinished attic space). This agreement shall also cover the receiving, fastening and putting in place of all modular units when used for construction of the above referenced units, regardless of what material they are made of, such as wood, masonry, metal or plastic. The residential wage rate will be at sixty-five percent (65%) of the applicable Commercial rate as set forth in this agreement.
DURATION OF AGREEMENT ARTICLE THIRTY-SIX
Agreement shall become effective on May 1, 2022, and shall remain in effect until April 30, 2025, and shall continue thereafter from year to year unless either party notifies the other party in writing not more than ninety (90) days nor less than sixty (60) days prior to April 30, 2025, or not more than ninety (90) days or less than sixty (60) days prior to any anniversary date thereafter that either party desires to modify this Agreement.
IN WITNESS THEREOF, the parties to this Agreement have caused these present to be signed and duly executed on the day and year so noted below.
Employers who sign independently recognize a single multi-employer collective bargaining unit through Associations. In such case, each employer, by signing or agreeing to be bound by this Agreement thereby authorizes the Association to act as its collective bargaining representative for all matters pertaming to this Agreement and for subsequent negotiations, covering this multi-employer bargaining unit; and thereby expresses its unequivocal intention to be bound by group rather than individual action in collective bargaining, whether or not it becomes or remains a member of the Association. A withdrawal of such bargaining authority given to the Association by any independent signatory shall only be effective if in writing and received by
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the Association and the Council not more than ninety (90) days or less than sixty (60) days of the stated tenn of this Agreement, or any succeeding Agreement in effect between the Council and Association.
The parties hereby waive any right they may have to repudiate this Agreement during the term of this Agreement or during tire term of any extension, modification, or amendment to this Agreement, or during tire negotiation thereof.
ASSOCIATION OF WALL CEILING AND CARPENTRY OF NY, INC. (WC&C)
John Delotli^.Executive Director
Association afiWdll Ceiling and Carpentry of NY, Inc., (WC&C)
NORTH ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS
Joseph Byrne, Executive Secretary Treasurer
William Banfield, Assistant to the Executive Secretary Treasurer
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^1^-23
Date
Date
Date
Addendum A
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA LOCAL 290
PROVISIONAL PROGRAM AS
AN ADDENDUM TO THE CBA BETWEEN THE BUILDING CONTRACTORS ASSOCIATION INC.
AND LOCAL 290 OF THE UBC DATED MAY 1,2022 TO APRIL 30, 2025
This Addendum will provide for the use of Journeypersons, Provisional Carpenters and Apprentices at the following rates of wages and benefits and the number of each category permitted on each project. This addendum will be available for use on all projects with the exception of prevailing wage or PLA projects at the discretion of the association signatory contractor members only.
** See Addendum D for applicable rates**
The number of journeypersons, provisional carpenters and apprentices will be determined by the contractor, with approval by the Local, to be as competitive as possible while remaining efficient.
Additionally, Provisional Carpenters will have to work 8,000 hours and attend 200 hours of prescribed programs of carpenter training classes before being elevated to Journeyperson Carpenter.
Addendum B
North Atlantic States Regional Council of Carpenters
Nassau Suffolk Counties – Local Union 290
COMMERCIAL-‘HEAVY HIGHWAY RATES
WAGES & FRINGES EFFEC FIVE 7 1 2022-6 30 2023
hourly wage •« of Journey level wage:
| JOURNEY LEVEL WAGE. Vacation | $45.96 $4.00 |
| Working Assessment | $2.88 |
| UBC Workins Assessment | $0.0” |
| TOTAL TAXABLE RATE | $50.91 |
fringe Benefits:
Welfare $12.00
Pension $11.15
Ainuirv $8.23
’Working Assessment $2.88
’Vacation $4.00
Rate Increase of $0.75 for years 1, 2, 3 with Apprentice Training SOTO $0.30
allocations of said increase to be allocated by the Industry Advancement
NASRCC CITF $0.15
*UBC Work Assessment $0.0”
Labor Management NEC LMP $0.10
ERA $1.25
TOTAL FRINGE BENEFIT HOUR $40.83
‘DENOTES DEDUCTIONS FROM WAGES AFTER TAXES
TOTAL W AGES & FRINGE BENEFIT PER HOUR = $84.”9
Journey level Foreman General Foieman: noilung a”ec lement i’ 6% of die wage, vacation and 0″ UBC work avei’inent pel houi
Wages
Working Assessment Vacation
UBC Work Assessment Total Taxable rate
Welfare Pension
Alimin’
Working Assessment Vacation
Apprentice Training Industry Advancement Fund CITF
UBC Work Assessment Labor Management NEC LM? ERA
Total Fringe Benefit per Hour
TOTAL WAGES & BENEFITS HR.
50° o
Level 1
60%
Level 2
65%
Level 3
“0%
Level 4
80%
Level 5
$21.99 $26.3$ $28.5″ $30.”” $351″
$1.00 $1.00 $1.00 $1.00 $1.00
$2.00 $2.00 $2.00 $2.00 $2.00
$0.0” $0.0” $0.0″ $0.0″ $0.0″
$25.06 $29.45 $31.64 $33.84 $38.24
$11.50 SI1.50 $11.50 $11.50 $11.50
S3.00 S3.00 $3.00 $3.00 $3.00
$2.00 $2.00 $2.00 $2.00 $2.00
S1.00 $1.00 $1.00 $1.00 $1.00
$2.00 S2.00 $2.00 $2.00 $2.00
$050 $0.”0 $0.”0 $0^0 SOTO
$0.05 S0.05 $0.05 $0.05 $0.05
S0.15 $0.15 $0.15 $0.15 $0.15
$0.0” S0.0” $0.0″ $0.0″ S0.0″
$0.05 S0.05 $0.05 $0.05 $0.05
$1.00 $1.00 $1.00 $1.00 $1.00
$21.52 $21.52 $21.52 $21.52 $21.52
$43.51 $4“.90 $50.09 $52.29 $56.69
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Foreman rate: $2.50 hour over Journey level rate. General Foreman rate: $4.00 hour over Journey level rate.
Premium Time Rate of Pay – Overtime (Monday through Saturday) is paid at time and one half (112) with
fringe benefits paid at straight time.
Sundays – paid at double time with straight time fringe benefits.
Addendum C
North Atlantic States Regional Council of Carpenters
Nassau & Suffolk Counties – Local Union 290
RESIDENTIAL RATES
WAGES & FRINGES EFFECTIVE 7/1/2022-6/30/2023
| JOURNEY LEVEL WAGE: Vacation: Working Assessment: UBC Working Assessement TOTAL TAXABLE RATE: | $28.57 $2.60 1.87 $0,07 $33.11 | Fringe Benefits:Welfare Pension Annuity ♦Working Assessment | $7.80$7.25$5.35$1.87 |
Rate Increase of $0.75 for years 1, 2, 3 with allocations of said increase to be allocated by tire NASRCC ♦DENOTES DEDUCTIONS FROM WAGES AFTERTAXES
♦Vacation
Apprentice Training Industry Advancement. . ..
CITF ♦UBC Work Assessment Labor Management NECLMP HRA
TOTAL FRINGE BENEFIT/HOUR TOTAL WAGES & FRINGE BENEFIT PER HOUR
$2.60 $0.46 $0.20 $0.15 $0.07 $0.07 $0.81 $26.63 $55.20
APPRENTICE1S hourly wage % of Journey level wage: Level 1 Level 2 Level 3 Level 4 Level 5
| Wages Working Assessment Vacation UBC Work Assessment Total Taxable rate Welfare Pension Annuity Working Assessment Vacation Apprentice Training Industry Advancement Fund CITF UBC Work Assessment Labor Management NECLMP HRA Total Fringe Benefit per Hour TOTAL WAGES & FRINGE BENEFITS/HR. | $15.00 $0.65 $1.30 $0.07 $17.02 $7.48 $1.63 $1.30 $0.65 $1.30 $0.46 $0.03 $0.15 $0.07 $0.03 $0.98 $14.08 $29.08 | $17.14 $0.65 $1.30 $0.07 $19.16 $7.48 $1.63 $1.30 $0.65 $1.30 $0.46 $0.03 $0.15 $0.07 $0.03 $0.98 $14.08 $31.22 | $18.57 $0.65 $1.30 $0.07 $20.59 $7.48 $1.63 $1.30 $0.65 $1.30 $0.46 $0.03 $0.15 $0.07 $0.03 $0.98 $14.08 $32.65 |
$20.00 $22.86
$0.65 $0.65
$1.30 $1.30
$0.07 $0.07
$22.02 $24.88
$7.48 $7.48
$1.63 $1.63
$1.30 $1.30
$0.65 $0.65
$1.30 $1.30
$0.46 $0.46
$0.03 $0.03
$0.15 $0.15
$0.07 $0.07
$0.03 $0.03
$0.98 $0.98
$14.08 $14.08
$34.08 $36.94
Foreman rate: $2.50/hour over Journey level rate. General Foreman rate: $4.00/hour over Journey level rate. Premium Time Rate of Pay – Overtime (Monday through Saturday) is paid at time and one half (1 1/2) with fringe benefits paid at straight time. Sundays – paid at double time with straight time fringe benefits.
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I’d-22V,
Addendum D
North Atlantic States Regional Council of Carpenters
Nassau & Suffolk Counties – Local Union 290
Provisional Rates
WAGES & FRINGES EFFECTIVE 7/1/2022-6/30/2023
| JOURNEY LEVEL WAGE: Vacation: Working Assessment: UBC Working Assessement: TOTAL TAXABLE RATE | $28.57 $2.60 $1.87 $0.07 $33.11 | Fringe Benefits:Welfare Pension Annuity *Working Assessment *Vacation Apprentice Training Industry Advancement. ... CITF *UBC Work Assessment Labor Management NECLMP | $7.80$7.25$5.35$1.87$2.60$0.46$0.20$0.15$0.07$0.07 |
| Rate increase of $0.75 for years 1, 2, 3 with said allocations of increase to allocated by the NASRCC | |||
| *DENOTES DEDUCTIONS FROM WAGES AFTER TAXES | HRA | $0.81 | |
| TOTAL FRINGE BENEFIT/HOUR $26.63 | |||
| TOTAL WAGES & FRINGE BENEFIT PER HOUR = | $55.20 |
Foreman rate: $2.50/hour over Journey level rate. General
Foreman rate: $4.00/hour over Journey level rate. Premium Time Rate of Pay – Overtime (Monday through Saturday) is paid at time and one half (1 1/2) with fringe benefits paid at straight time. Sundays – paid at double time with straight time fringe benefits.