DISTRICT COUNCIL NO. 9, IUPAT
GLAZIERS AGREEMENT
May 1, 2023 through April 30th, 2027
MEMORANDUM OF AGREEMENT made this first day of May 2023 and expiring April 30,
2027 by and between the WINDOW AND PLATE GLASS DEALERS ASSOCIATION
hereinafter called the “Employer” or “Association”, and DISTRICT COUNCIL NO. 9,
GLAZIERS LOCAL UNION #1087 of the International Union of Painters and Allied Trades,
hereinafter called the “Union”, for and on behalf of the Union and the members thereof now or
hereafter employed by the Employer and collectively designated as Employees.
Each Independent Employer Signatory to this Agreement agrees to pay a $250.00 signing fee, to
the Union, to defray the cost of preparation and duplication of this Agreement.
STATEMENT OF INTENT
The parties hereto desire to establish wages and other terms and conditions of employment upon
which Joumeypersons and apprentices shall work in the Trade (it being agreed that the word
“JOURNEYPERSON” shall mean all employees described by the IUPAT General Constitution
Section 6 (issued January 1, 2020) or one who has completed one of the approved apprenticeship
programs provided for herein).
ARTICLE I.
JURISDICTION AND SCOPE OF WORK
1.1 Territorial Jurisdiction: Counties of Bronx, Dutchess, Kings (Brooklyn), Nassau,
Suffolk, New York (Manhattan), Orange, Putnam, Queens, Richmond (Staten Island), Rockland,
Sullivan, Ulster and Westchester, and any additional area the Union may be awarded by the
General Executive Board.
1.2 Craft Jurisdiction;
(a) The setting of and/or removal of any and all, but not limited to the
following; art glass, prism glass, leaded glass, fire rated glass and glass ceramics, ceramic frit
glass, insulated glass, textured glass, automobile glass, pre-glazed windows, louver glass, plate
glass, float glass, laminated glass, tempered glass, annealed glass, safety tempered glass, heatstrengthened glass, bent and curved glass, window glass, mirrors of all types including any channel
that holds them, framed and unframed mirrors set in all locations, wire glass, opaque glass and
glass chalk boards. Security glazing, bullet resistant glass, blast resistant glass and any other type
of protection glass, polymers, acrylics or polycarbonates (including any window film regardless
of material or intended use). Structural glass and glazing in all applications including but not
limited to: curtain wall, suspended glass systems, storefronts and entranceways including
automatic doors, glass enclosures, folding glass walls, sliding glass office and partition systems
glass flooring, glass stair treads, glass railing systems and relative materials, partitions revolving
doors, skylights, sloping glass walls, greenhouses, conservatories, sunrooms, walkways,
windscreens, stack wall systems, Pilkington systems, point supported glass systems, cable net
systems, tension-rod truss glass systems, facades and canopies. Neoparium, glass and/or crystal
and or composite products, photo-voltaic, LCD glass, privacy glass, smart glass, glass fight
diffusers and lenses. The glazing of stairwells, hollow metal frames, fixtures, fire hose cabinets,
showcases, furniture glass, doors, hung ceilings, frames, sidelights, borrowed Utes, fixed or
operable windows, shower doors, shower and tub enclosures framed or frameless, food and sneeze
guards, all fiberglass reinforced panels, all plastics, acrylics, polymers and polycarbonates or other
similar materials when used in place of glass. All of the above whether dry set or installed or glazed
with any type of putty, Thiokol, neoprene, vinyl, tapes, silicones or any other type of sealant, all
types of glass cements, mastics, butyl or adhesives, moldings, rubber, gaskets or lead in wood,
iron, aluminum, steel, brass, sheet metal or vinyl sash. Herculite doors including any rixons,
closures, pivots, locksets and hardware. Movie or projection screens made of glass or plastic,
aquariums glazed with glass or plastic, all glass shelves and all glass furniture tops. The installation
of decorative metals as part of the glazing system, and the sealing of all architectural metal and
glass systems for aesthetic, weatherproofing, soundproofing, deglazing of building envelopes and
structural reasons. The operation of any mechanical device to perform the work within the craft
jurisdiction. Maintenance Protection and Traffic (MPT) work. Any new innovations or products
that substitute/replace or improve current products or devices in the glazing industry.
| (b) | The installation of all of the above materials and systems whether done at |
| the shop or on the job site, and whether temporary or permanent, on or for any building in the course of repair, remodel, alteration, retrofit or construction. |
|
| (c) | The installation and/or removal of all extruded, rolled or fabricated metals |
or any materials that replace same, metal tubes, mullions, metal facing materials, muntins, fascia
trim moldings, porcelain panels, architectural porcelain, plastic panels, skylights, showcase doors,
tempered glass doors, side lites, aluminum doors and related materials including those in any or
all buildings related to store front and window construction.
| (d) | The glazing and/or installation of door and window frames, such as patio |
| sliding or fixed doors, vented or fixed windows, any glass or plastics where the glass stop, pressure plate, channel, hangar or glass hold down is applied directly on the glass, storm sash where the |
|
| glass becomes an (e) |
integral part of the finished product. The selecting, cutting, preparing, designing, art painting, fused glass, thick |
facet glass in concrete-and cementing of art glass, assembling and installing and removal of all art
glass, engraving, drafting, etching, embossing, sandblasting, shipping, glass bending, glass mosaic
work, cutting of all flat and bent glass, glass shade work, and glazing in lead or other glass metals.
1.3 There shall be no strikes, work stoppages or slowdowns or other interferences
because of jurisdictional disputes. Disputes between trades and disputes relative to questions of
work jurisdiction shall be adjusted in accordance with the principles and procedures set forth in
the New York Plan for the Settlement of Jurisdictional Disputes. All decisions, rendered there
under-determining disputes arising out of conflicting jurisdictional claims of the various trades
shall be recognized by and be binding upon the parties hereto.
ARTICLE n.
RECOGNITION
The Associations, and all its members and all other employers who hereafter become signatories
to this Trade Agreement, recognize, acknowledge, and agree that the Union is the exclusive
representative for the purpose of collective bargaining within the meaning of Section 9(a) of the
National Labor Relations Act and that the Union has demanded recognition as such and has
demonstrated through the use of authorization cards executed by a majority of the Association
members’ bargaining unit employees that it possesses the support of a majority of all employees
of the Association’s members wherever such employees may be employed, in the following
classifications of work: all work described by the INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES General Constitution section 6, issued January 1, 2020.
The Union recognizes that the Association, because of its size and the nature of its membership in
the glazing and related industries of New York City, Westchester, Putnam, Dutchess, Orange,
Rockland, Sullivan, Ulster, Nassau and Suffolk Counties, is the principal bargaining representative
for all employers working in the industries with whom the Union negotiates collective bargaining
agreements, and any extensions or renewals thereof.
The Union shall give principal recognition to any successor association to the Association during
the life of this Trade Agreement which (i) may be established; (ii) is affiliated with a national
association whose members employ union employees only; and (iii) represents employers in the
same industries for which the Union negotiates collective bargaining agreements for work
performed in the territorial jurisdiction defined in Art. I, Section 1, of this Agreement and any
additional area the Union may be awarded by the I.U.P.A.T. General Executive Board.
ARTICLE III.
HIRING PROCEDURES
3.1 The union shall be the sole and exclusive source of referrals of apprentices and
joumeyperson applicants for employment. The employer will hire the applicants only through the
Union.
3.2 The Union shall select and refer applicants for employment without discrimination.
Such selection and referral shall not be affected in any way by membership or non-membership in
the Union.
3.3 The Union will not arbitrarily refuse a qualified applicant without just cause.
3.4 All applicants for referral must have obtained joumeyperson status in the trade
either through completion of the Apprentice Program or demonstration of 4-years’ experience in
the trade.
| 3.5 | All such selection and referral shall be in accordance with the following procedure: |
| (a) | The Union shall maintain a register of joumeyperson applicants for |
employment. Applicants shall be listed in chronological order of the dates they register. If the
registration list is exhausted, and the Union is unable to refer applicants for employment within
forty-eight (48) hours from the time of receiving the request, Saturdays, Sundays and holidays
excepted, the requesting employer shall be free to secure applicants without using the referral
procedure and shall notify the Union promptly of the names, addresses and Social Security
numbers of such directly-hired employees.
(b) The hiring employer shall advise the Union of the number of applicants
needed. The Union shall refer applicants to the hiring employer in the chronological order of their
dates on the register.
| (c) | Any applicant who is rejected by the hiring employer shall be returned to |
| his/her appropriate place on the register, and shall be referred to other employment in accordance with their position on the register. |
|
| (d) | The employer shall retain the absolute and unconditional right to reject any |
applicant for employment, and if requested by the Union the Employer shall provide such rejection
in writing. The hiring Employer may request any applicant, regardless of that applicant’s position
on the register, who was formerly employed by the hiring employer. If the requested applicant has
not formerly worked for the hiring employer, the employer shall guarantee said applicant five
hundred hours of continuous employment. The Union shall not unreasonably deny the employer’s
request.
(e) If the Union is unable to refer applicants for employment, the hiring
employer, pursuant to paragraph (a) above, shall report the hiring of a non-joumeyperson to the
Union prior to the commencement of employment. As an additional condition of hiring a nonjoumeyperson, the hiring employer shall guarantee said worker their first five hundred hours of
continuous employment.
| (f) | On any job organized solely by District Council No. 9, 50’% of the |
| employees on that job shall be supplied by District Council No. 9. | |
| 3.6 | Any JOURNEYPERSON who is also an owner of a Signatory Employer shall |
guarantee and provide contributions to all fringe benefit funds for him or herself in an amount of
at least 52 weeks per year and 35 hours per week for the duration of this Trade Agreement
(provided that the rate of contributions shall be the full scale rate and not the maintenance, market
recovery or any other reduced rate). An “owner” shall be defined as an individual with any
ownership interest or in actual control of the Signatory Employer. The payment of any fringe
benefit contributions on behalf of such owner shall be conclusive proof that the owner is a
joumeyperson covered under this Agreement and will subject the Signatory Employer to liability
hereunder for such owner.
ARTICLE IV.
OBLIGATIONS OF THE PARTIES
4.1 Mutual Good Faith. The Association obligates itself and all its members, the
Independent Employers and the Union obligates itself and all its members that they and each of
them will, in good faith, live up to and conform with all the provisions of this Agreement, and to
all rules, regulations, requirements, and all procedures promulgated under and pursuant to the
terms of this Agreement; provided, however, that the Association shall not be obligated to take
any action to require compliance with the terms of the Agreement on the part of any person or firm
which has been expelled from or has resigned from the Association, except as a prerequisite for
the reinstatement of such member. If any Association Employer is expelled or resigns from the
Association for any reason, the Employer will, without further negotiation, cease being bound to
this Association Agreement and will instead be bound to the Independent Agreement. The
Association will be responsible for securing its members’ agreement to this effect either through
a written acknowledgment or through amendment to the Association’s application. The
Association shall provide copies of such acknowledgment to the Union.
4.2 Past Performance Clause. Except as otherwise provided in this Agreement, the
Employers agree that all conditions of employment relating to wages, hours of work, overtime
differentials, and general working conditions shall be maintained at no less than the highest
standards in effect at the time of the signing of this Agreement, and the conditions of employment
shall be improved wherever specific provisions for improvement are made elsewhere in this
Agreement.
4.3 Supremacy Clause. The Employers agree not to enter into any agreement or
contract with their employees, covered under this Agreement, individually or collectively, which
in any way conflicts with the terms and provisions of this Agreement. Any such agreement shall
be null and void.
4.4 Non-Discrimination. Neither party to this Trade Agreement shall discriminate
against any employee with respect to employment by reason of union membership or race, creed,
color, sex, gender (including gender identity and sexual harassment), pregnancy, age, national
origin, disability, sexual orientation, alienage or citizenship status, predisposing genetic
characteristics, arrest or conviction record, military status, unemployment status, marital status,
partnership status, or status as a victim of domestic violence, stalking and sex offenses, or any
other characteristics protected by federal, state or local law. As applicable and appropriate, covered
Association employers will comply with the federal Family and Medical Leave Act.
4.5 Union Security. All present employees who are members of the Union on the
effective date of this Agreement or on the date of execution of this Agreement, whichever is later,
shall remain members of the Union in good standing as a condition of employment. All present
employees who are not members of the Union and all employees who are hired hereafter shall
become and remain members in good standing of the Union as a condition of employment on and
after the eighth day following the beginning of their employment, or on and after the eighth day
following the effective date of this Agreement or on or after the eighth day following the date of
execution of this Agreement, whichever is later. No provision of this Article shall apply in any
state to the extent that it may be prohibited by state law. If under applicable state law additional
requirements must be met before any such provision may become effective, such additional
requirements shall be first met.
4.6 If any provision of this Article is invalid under the law of any state wherein this
Agreement is executed, such provision shall be modified to comply with the requirements of state
law or shall be renegotiated for the purpose of adequate replacement. If such negotiations shall not
result in mutually satisfactory agreement, either party shall be permitted all legal or economic
recourse.
4.7 In those instances in which Article 4, Section 5 may not be validly applied, the
Employers agree to recommend to all employees that they become members of the Union and
maintain such membership during the life of this Agreement, to refer new employees to the Union
representative and to recommend to delinquent members that they pay their dues since they are
receiving the benefits of this Agreement.
4.8 The Association shall sign this Agreement on behalf of its members.
4.9 The Joint Trade Board (and not the Joint Trade Committee) shall have full
authority to modify the terms of this Agreement, and to pinpoint, maintain, and/or organize work
covered under this Agreement for the life of this Agreement, with respect to organizing work and
maintenance of work.
4.10 The Union and the Employers recognize that the use of non-union labor threatens
our industry and that it is in their mutual interest to identify those situations in which the
Agreement is being violated in this manner. Thus, consistent with the requirements of Art.
EX, Section l(C)(d), the parties agree that THERE SHALL BE NO RETALIATION
AGAINST ANY EMPLOYEE WHO PROVIDES INFORMATION CONCERNING
POTENTIAL VIOLATIONS OF THIS AGREEMENT.
4.11 All Parties agree that if a Building and Construction Trades Council negotiates a
Project Labor Agreement for work also covered by this Agreement, the Project Labor
Agreement shall supersede this Agreement in any instance of a conflict between the two.
4.12 Each Employer shall provide to the Union a completed District Council No. 9
Application and Disclosure Form and, as appropriate, individual, partnership or corporate
verification.
4.13 Members of the Union may not compete against Employers as non-signatory
contractors or otherwise while directly or indirectly collecting benefits under the terms of this
Agreement.
4.14 Members of the Union are prohibited from creating a non-union window and plate
glass company.
ARTICLE V.
WAGES AND WORKING CONDITIONS
5.1
(a) The regular workweek shall consist of thirty-five (35) hours or forty (40) hours per
week divided equally into five (5) days, from Monday to Friday, inclusive. Seven (7) or eight (8) hours
shall constitute a day’s work. The hours of work shall be worked between 7:00 a.m. to 5:30 p.m. After a 7
hour day, if an optional 8th hour is required, same will be at the regular rate of pay. If a 9th hour is worked
then the eighth, ninth and any additional hours will be at time and one half wages and benefits. After a
registered 8 hour day, if a 9th hour is worked, the ninth and any additional hours will be at time and one
half wages and benefits. Employer may start at 6 am at straight time wages and benefits in occupied
buildings only when needed, Ex: Load-ins, Hammer Drilling, etc., and on all jobs when weather
conditions warrant. This shall apply to Association Employers only. Early start times must be
registered and approved by the Union which approval shall not be unreasonably withheld. If
approval is not granted the time will be paid at overtime wages and benefits.
(b) Waiting Time: If an employee agrees to work after the completion of the regular
work day, but the site is not immediately accessible, the first hour of waiting time shall be an unpaid meal
break.** The next hour of wait time, rounded up to the next highest hour, shall be paid at straight time
wages and benefits. Wait time, paid at straight time wages and benefits, shall be capped at one (1) hour.
Time and one-half wages and benefits shall begin after one hour of waiting time. If the employee works 5
hours or less, the employee shall be paid at the overtime rate of time and one half wages and benefits plus
straight time for the paid waiting time. If the employee works 6 hours or more, the employee shall be paid
at time and one-half wages and benefits for hours worked and time and one half (instead of straight time)
wages and benefits for the paid waiting time. All partial hours shall be considered full hours. ** If the job
is cancelled prior to the start of work, the meal break shall become a paid hour at straight time
wages and benefits.
(c) If an employee is released at the end of the work day and then called back
to work, he/she shall be paid a guarantee of 7 hours overtime or time worked at overtime,
whichever is greater.
5.2
(a) The Association Employer shall be able to employ Glaziers in shifts on jobs within
the jurisdiction of Local Union 1087 a minimum of three (3) consecutive nights. At least two (2) working
days prior to the commencement of a job, the employer must notify the Union, on company letterhead by
fax, of the shift to be worked. Failure to comply will result in the forfeiture of the shift work being granted.
All hours worked will be considered overtime. Shifts shall be any eight (8) consecutive hours after the
normal working day for which the Glazier will receive nine (9) hours pay for eight (8) hours
worked. This will not apply to an employee who has worked an eight (8) hour day, on any jobsite
for that employer. Any employee who has worked an eight (8) hour day will receive overtime pay
for any hours worked after his normal day. Except when a condition arises where the night shift is
canceled by the client. Then the employee can work the next day at straight time to make up the
lost shift.
Crew Size Shop Worker Out of Work List
2 2 0
3 2 1
4 3 1
5 3 2
6 3 3
7 4 3
8 4 4
9 5 4
10 5 5
11 6 5
| 12 | 6 | 6 |
| (b) duration of the job. (c) |
All shift work will have a Steward appointed from the Union for the | |
| All employers must show valid documentation on why shift work needs to | ||
| be utilized. All shift work must be registered and approved by the Union, which approval shall not be unreasonably withheld. If approval is not granted the time will be paid at overtime wages and |
||
| benefits. (d) |
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| Shift work shall be available to Association Employers only. |
5.3 For the purpose of payment of benefits: Monday is the first working day of the
week and Sunday is the last working day of the week. Wages and benefits shall be paid on
the Tuesday or Wednesday following the work week.
5.4 Show up Time: Employees who are not put to work due to weather conditions, after
having been instructed to come to work, shall be paid two (2) hours or the numbers actually
worked whichever is greater. An employee who works more than four (4) hours but less
than seven (7) because of weather conditions, shall be paid for seven (7) hours. But if the
employee leaves the job on his/her own, the employee’s wages stops at the time he/she left
the job.
5.5 On Project Labor Agreements (PLAs), if a work day is lost due to inclement
weather or a government declared emergency, Saturday shall be designated as the make¬
up day at straight time on that jobsite. However, Saturday cannot be utilized as a make-up
day if scheduled work can only be done on Saturday. This clause will become null and void
when there are no longer any PLAs.
5.6 Any employee who is ordered to report to work on a Saturday, Sunday or Holiday and who
does report but is prevented from working through no fault of the employee shall be paid seven
hours straight pay and benefits plus any applicable travel pay and/or reasonable travel
expenses.
5.7 Wage Schedule: The minimum wage rates and the Fringe benefit rates, per hour,
for Glazier joumeypersons, shall be increased as follows:
Date Amount Allocation Date Amount Allocation
May 1,
2023
$3.45 $0.65 Wages
$0.50 H&W
$1.00 Pension
$.65 Annuity
$.65 Vacation
May 1,
2024
$3.57 To be
allocated by
the Union
$0.68 Pension
May 1,
2025
$1.85 To be
allocated by
the Union
November 1,
2025
$1.85 To be allocated
by the Union
May 1,
2026
$1.92 To be
allocated by
the Union
November 1.
2026
$1.91 To be allocated
by the Union
5.8 Union reserves the right to allocate above increases, to wages and or benefits. The
Employer will be notified in a timely manner as to the allocation of the increases. There are no
(C.O.L.A.) Cost of Living increase provisions in this District Council D.C.9 Glaziers Agreement.
5.9 The Taxable Gross Wage Package is: Wages + Vacation + International P.A.T.+
0/MA. After the Gross Taxable Wage is taxed, the Vacation, International P.A.T. and O/MA is
deducted and remitted in full to the Funds as the collection agent for the Union.
5.10 Forepersons shall be paid an additional $4.00 per hour over and above the foregoing
wage rates. However, if the Foreperson works on Swing Scaffold he/she shall be paid the
foreperson rate plus the swing scaffold premium. Whenever four or more employees are employed
on building work, one (1) of these employees shall be a Foreperson.
5.11 All Joumeypersons and Apprentices working on Mechanical Equipment, Scissor
jacks, Man Lifts, Booms & Buckets 30’ or more above ground level, shall be paid $1.00 per hour
in addition to their regular hourly pay. Pipe scaffolding is not included. Glaziers who are certified
to control the manipulator, and operate the manipulator, shall be paid the scaffold rate. All
Joumeypersons and Apprentices working on Swing Scaffold shall be paid $4.00 per hour from
May 1, 2023 through April 30, 2025 and $5.00 per hour from May 1, 2025, in addition to their
hourly pay.
5.12 All work performed on New Year’s Day, President’s Day, Memorial Day,
Independence Day, Thanksgiving Day and the day immediately following, and Christmas Day
shall be paid at the rate of double-time wages and benefits. If any of the holidays herein are
designated by federal law to be celebrated on a day other than that on which they regularly fall,
then for the purpose of this agreement the holiday shall be celebrated on the day set by said federal
law with the same force and effect as if the day on which the holiday is celebrated was actually
the holiday date.
5.13
(a) All overtime shall be paid at the rate of time and a half (1 /4) wages and
benefits.
| (b) | Any work performed on Saturdays shall be paid for at time and one-half | |
| wages and benefits. Any work performed on Sundays and Holidays shall be paid for at double¬ time wages and benefits. Any overtime work of less than one hour shall be paid for one full hour. |
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| (c) | All overtime work must be reported to the union, prior to commencement | |
| of overtime work. On all registered overtime, this crew schedule shall apply:1 | ||
| Crew Size | Shop Worker | Out of Work List |
2 2 0
3 2 1
4 3 1
5 3 2
6 4 2
7 5 2
8 5 3
9 6 3
10 6 4
11 7 4
12 8 4
On crews over twelve (12) workers the split will be 50/50 with the odd person from the shop; e.g.,
on a seventeen (17) worker crew, eleven (11) from the shop and six (6) from the out of work list.
5.14 Specialty Work: the overtime rule may be waived with the permission of the Union
which may not be reasonably denied,
5.15 No work shall be performed on Labor Day.
5.16 When Glaziers are sent to work outside the five boroughs of the City of New York
they shall receive an expense allowance/travel pay of $20.00 per day. Effective May 1, 2025 the
expense allowance/travel pay shall be increased to $25 per day. When Glaziers who live on Long
Island work on Long Island, expense allowance/travel pay shall not apply. When Glaziers who
live in Westchester, Orange, Putnam, Rockland, Sullivan Dutchess or Ulster counties work in any
of these counties, expense allowance/travel pay shall not apply.
5.17 For the duration of this Agreement, when Glaziers are sent out of town for more
than one day their reasonable expense shall be paid by the Employer.
5.18 Should the Employer request or order his Glaziers to ride either in the Employer’s
truck or other vehicle, start time shall be the regular starting time from the shop and they must
1 When overtime is being worked in connection with a regular workday, this crew schedule shall not apply.
return to the shop by the regular quitting time. This shall not apply to travel within City limits. All
such trucks shall bear the Employer’s name.
5.19 Whenever a Joumeyperson or Apprentice is required to drive a truck during regular
working hours, he/she shall be paid $6.00 per day in addition to their regular daily rate of wages.
Effective May 1, 2025, they shall be paid $10.00 per day in addition to their regular daily rate of
wages. If required to drive a truck before or after regular working hours, they shall receive extra
compensation at the rate of single time up to the point where their total working hours are forty
(40) for the week, and at the rate of time and one half of their regular rate of wages after forty (40)
hours in one week.
5.20 If any employee working outside of the shop becomes ill and cannot continue
working, he/she shall immediately notify the Employer and return to the shop or to his/her home,
and the Employer shall pay the necessary traveling expense to the shop or home.
5.21 Any employee leaving the Employer’s shop at the regular starting time shall sustain
no loss of time if he/she is not able to get to work because of distance or a transportation accident.
5.22 Should the Employer at any time pay the employees less than the established rates
for wages, vacation, holidays, traveling time, railroad fare, scaffold pay, foreperson pay or driving
a truck, as herein provided, he shall pay such employees all monies due them, as well as paying
damages to the Union to cover the reasonable expenses incurred by the Union in collecting such
monies.
5.23 Any employee injured on the job shall receive a full day’s pay for the day on which
the injury occurred.
5.24 No employee shall be discharged or discriminated against for belonging to the
Union, but the Employer shall have the right to lay-off any Glazier as the exigencies of business
may require. When employees are laid off for lack of work after working all or part of a day,
including Saturdays, Sundays or Holidays, they shall receive a full day’s pay and benefits at the
rates provided herein on the next regular payroll day. If payment is not made by the aforesaid next
regular payroll day, the glazier will be entitled to a full day’s wages and benefits for each day or
part of a day that she/he does not receive payment.
5.25 All glass on jobs shall be distributed by glaziers after same has been delivered or
hoisted to a safe place on each floor.
5.26 Any Glazier who before quitting time on any day has not received orders for the
next day shall appear for work on the following morning, whether on the job or at the shop,
ready for work wherever directed, and shall receive a full day’s pay for that day whether or not
there is work for him/her to perform.
5.27 All foremen shall be bargaining unit employees designated by the Employer and
shall for all purposes be agents solely of the Employer. No foreman shall be made nor shall
be deemed to be an agent of the Union.
5.28 Sick Leave. The Parties hereby expressly waive the provisions of the New York City
Earned Sick and Safe Time Act. The Parties agree that this collective bargaining agreement is in
compliance with Section 9 of New York Labor Law Chapter 31, Article 6, § 196-b (“New York Paid Sick
Leave Law”), in that the employees working under the collective bargaining agreement are provided
comparable benefits to those required under the New York Paid Sick Leave Law.
ARTICLE VI.
OUT OF JURISDICTION WORK
6.1 Out of Jurisdiction Work. The Contractor or the Employer party to this Agreement,
when engaged in work outside the geographical jurisdiction of the Union party to this Agreement, shall
employ not less than fifty percent (50%) of the workers employed on such work from the IUPAT District
Council or Local Union of the area where the work is performed, or from among persons who are
employed the greater percentage of their time in such area; any others shall be employed only
from the Employer’s home area. It is further provided that these employees must be qualified to
meet job requirements.
6.2 The Employer party hereto shall, when engaged in work outside the geographic
jurisdiction of the Union party to this agreement, comply with all of the lawful clauses of the
collective bargaining agreement in effect in said other geographic jurisdiction and executed by the
employers of the industry and the affiliated Local Unions in that jurisdiction, including but not
limited to, the wages, hours, working conditions, fringe benefits, and procedure for settlement of
grievances set forth therein; provided however, that where no affiliated Union has a current
effective agreement covering such out-of-area work, the Employer shall perform such work in
accordance with this agreement; and provided further that as to employees employed by such
Employer from within the geographic jurisdiction of the Union party to this agreement and who
are brought into an outside jurisdiction, such employee shall be entitled to receive the wages and
conditions effective in either the home or outside jurisdiction whichever are more favorable to
such employees. In situations covered by the last provision fringe benefit contributions on behalf
of such employees shall be made solely to their home funds in accordance with their governing
documents, and the difference between the wages and benefit contributions required by the away
funds and the home funds, if any, shall be paid to the employees as additional wages. This
provision is enforceable by the District Council or Local Union in whose jurisdiction the work is
being performed, both through the procedure for settlement of grievances set forth in its applicable
collective bargaining agreement and through the courts, and is also enforceable by the Union party
to this agreement, both through the procedure for settlement of grievances set forth in this
agreement and through the courts.
6.3 Out of Town Expenses. On all out-of-town jobs, the Joumeyperson shall be
provided with transportation by his/her Employer. Commuting time in excess of one (1) hour shall
be paid for at the regular wage rate, but shall not exceed eight (8) hours in every twenty-four (24)
hour period. A Joumeyperson who commutes out of town at night shall not be paid for such
commuting time, but sleeping accommodations and meals shall be provided.
6.4 Employees required to remain out-of-town overnight or longer shall be paid one (1)
hour additional pay per day and an allowance of not less than $100.00 per day for room and board,
unless his/her Employer provides equivalent room and board acceptable to the employee. The
Employer must submit receipts for any reimbursements paid by check or cash.
6.5 Any Bargaining Unit member required by his/her Employer to use his/her own
automobiles for work outside the Union’s jurisdiction shall be reimbursed at the rate of not less
than the applicable IRS standard reimbursement per mile for expenses.
ARTICLE VIL
PROTECTIONS AND PRESERVATION OF WORK
7.1 To protect and preserve, for the employees covered by this Agreement, all work
they have performed and all work covered by this Agreement, and to prevent any device or
subterfuge to avoid the protection and preservation of such work, it is agreed as follows: if the
Employer performs on-site, construction work of the type covered by this Agreement, under its
own name or the name of another, as a corporation, company, partnership, or other business entity,
including a joint venture, wherein the Employer, through its officers, directors, partners, owners,
or stockholders, exercises directly or indirectly (through family members or otherwise),
management, control, or majority ownership, the terms and conditions of this Agreement shall be
applicable to all such work and the Employer shall be responsible and liable for the compliance
with the terms of this Agreement and shall be responsible for the payment of the benefit
contributions when due to the Funds.
7.2 The Employer agrees to register all jobs, immediately upon being awarded the job.
Registration must be emailed to jobregistration@dc9.net on forms as provided by the
Union. The original form shall be retained by the Employer.
7.3 All Saturday, Sunday and Holiday overtime must be registered.
7.4 On any shift work, the Association Employer must give written notice to the Union
on Company letterhead two (2) days prior to the commencement of the job to be eligible for that
rate. Failure to comply will result in the forfeiture of the shift work being granted. All hours will
be considered time and one-half wages and benefits.
7.5 If the job is or is to be subcontracted, the Employer who is awarded the job must register
that job and inform the union of what company the work will be subcontracted to. In addition, if the
Employer who
contracts the work to a signatory subcontractor or a non-signatory subcontractor for a particular
job,
which work is covered under this Agreement shall be responsible for the sub-contractor’s
delinquent
contributions should the sub-contractor fail to remit the benefit contributions when due to the
Funds.
ARTICLE MU¬
NO STRIKES OR LOCKOUTS
8.1 There shall be no strikes or lockouts in the shops or upon the work of any Employer,
nor shall the members of the Union collectively leave the job of an Employer. The Union reserves
its constitutional right not to work with non-union joumeypersons. It is further agreed that before
the Union removes any Joumeyperson or apprentice from a job site under this reserved right, the
Union shall give notice as soon as reasonably possible, but at least twenty-four (24) hours’ notice,
to the Employer, and the Joint Trade Board. It is agreed that no support is to be given to a union
that has removed its joumeypersons in violation of any applicable no-strike clause.
8.2 Any Employer who has been judged by the Joint Trade Board to be in violation of
this Agreement or guilty of any charge brought against it before the Joint Trade Board shall be
outside the protection of this article, until such time as it is in compliance.
8.3 If an Employer fails to comply with a decision of the Joint Trade Board, the Union
must order its Joumeypersons and apprentices to cease work until that Employer is in compliance
on any and all jobs.
8.4 Employees covered by this Agreement shall have the right to respect any legal
primary picket line validly established by any bona fide labor organization, and the Union has the
right to withdraw employees covered by this Agreement whenever the Employer is involved in a
legitimate primary labor dispute with any bona fide labor organization.
8.5 For any foreperson who receives a minimum of 48 weeks of pay from an Employer,
District Council No. 9 will, upon written request from that Employer, make arrangements so that
mandatory picketing by that foreperson will not interfere with his or her work schedule. The
Employer must identify the foreperson on its roster at the time of its written request, which must
be made during the month of January for that year. In connection with this paragraph only, the
Employer shall notify the Union in writing if a foreman’s status changes.
ARTICLE IX.
VISITATION
The Business Manager, Business Agent or any other authorized representatives of the Union shall
have the right to visit all places, shops or jobs where work is going on, for the purpose of
inspection. They shall also have the right to examine working cards and pay envelopes of all
employees covered by this Agreement, as well as the payroll of the Employer.
ARTICLE X.
SHOP STEWARDS AND JOB STEWARDS
10.1
(a) Shop Stewards – The Union shall have the right to appoint a qualified shop
steward from the Union members regularly employed in each shop. Upon any guilty finding by
the Joint Trade Board of an Association Employer, the Union may replace the steward from among
the qualified members regularly employed in the shop; for non-Association Employers the
replacement steward will be assigned from the hall. In the case of an Association Employer, if a
second steward is removed, the Union will appoint the replacement steward from the hall. The
selected Shop Steward must be a qualified Joumeyperson and be certified through the Union’s
Stewards course. All employees are eligible to attend the course and become certified. Once the
Shop Steward is selected, he/she shall remain as the second to last person in the shop. All
employers outside the jurisdiction of this District Council must have a Shop Steward from the
Union Hall in each shop. The qualifications required of stewards are determined by DC9.
(b) Job Stewards – The Union shall have the right to appoint a qualified job
steward from the Union members regularly employed in each shop. Upon any guilty finding by
the Joint Trade Board of an Association Employer, the Union may replace the steward from among
the qualified Union members regularly employed in the shop; for non-Association Employers the
replacement steward will be from the hall. In the case of an Association Employer, if a second
steward is removed, the Union will appoint the replacement steward from the hall. The selected
Job Steward must be a qualified Joumeyperson and be certified through the Union’s Stewards
course. All employees are eligible to attend the course and become certified. Once the Job Steward
is selected, she/he shall remain on the job as the second to last person on the job. All employers
outside the jurisdiction of this District Council must have a Job Steward from the Union Hall on
each job. The qualifications required of stewards are determined by DC 9. The Union shall have
the right to appoint and place a Union member as a job steward on every job of more than one
day’s duration.
10.2 The duty of all stewards is to report to the Business Manager or Business Agent
any infractions or violations that may come to their notice. If a shop or job steward is discharged
for calling attention to any of the terms of the Agreement, he/she shall at once be reinstated until
the matter is adjusted between the Union and the Employer. No steward may be laid off except for
just cause. The layoff may not occur until a Joint Trade Board hearing, which shall be held within
24 hours.
1. Steward’s Committee
a. – There shall be a Stewards’ Committee composed of an equal number of
representatives appointed by the Association and appointed by the Union.
b. – The Stewards’ Committee shall hear Employer complaints against Stewards
on charges of misconduct or Union complaints of abuse of Steward’s rights and shall
meet within 48 hours. The Steward may not be suspended pending the disposition of
charges if such failure is due to the absence of the Employer’s representatives. He may be
so suspended, however, if the Committee’s failure to meet is due to the absence of the
Union’s representatives. A quorum of the Committee shall consist of one representative
from each side and its finding shall be decided by unit vote
c. – Deadlock. In the event the Stewards’ Committee deadlocks or otherwise fails
to decide any complaint, either party may, within thirty days, refer the complaint to the
Joint Trade Board for final and binding decision, in accordance with the rules and
regulations of the Board.
d. – The Parties agree to estabfish a joint labor-management committee, the purpose
of which is to identify violations of this Trade Agreement by, including but not limited to,
reviewing shop steward reports and remittance reports. The committee will meet on a
regular basis. The committee will hire one full-time staff person whose function will be,
among other responsibilities to be determined by the committee, to monitor shop steward
reports and remittance reports and report to the committee any potential violations of the
Trade Agreement for further action by the committee, and to make site visits as necessary
to ascertain whether the Trade Agreement is being violated.
10.3 When and if it becomes necessary for a shop/job steward to split time equally, the
Shop/Job Steward shall be kept abreast of everyone’s time and he/she shall be included in the time
splitting. If the Job/Shop Steward is not informed of who is splitting time, the Job/Shop Steward shall
not split time.
10.4 The Steward must be present when all work is performed, except in the case of time
splitting as described in Section 3.
| 10.5 project. |
The Shop Steward can also serve as a job steward if he/she is working on the same |
10.6 All Stewards are required to retain their certification in order to serve as a Steward.
The standards for certification and the retention of certification is solely an internal Union matter.
ARTICLE XIJOB SAFETY
11.1 The Employer shall supply proper hard hats and safety harnesses plus scaffolding
and ladders on jobs to provide for the safety and security of its employees. Swing scaffolding of
the safest type must be supplied and none but Glaziers or professional scaffold people shall hang
or shift scaffolds. All such scaffolds shall be inspected before being used and shall be maintained
in accordance with applicable law and regulations. In the event that employees are supplied with
hard hats and safety harnesses and the employees do not use such hard hats and safety harnesses,
the employees shall be subject to fines as described in the Local Union No. 1087 by-laws as well
as fines assessed by the General Contractor or, if applicable, by the Occupational Safety and Health
Administration. If the Employer fails to supply such hard hats and safety harnesses the worker will
sit outside the job site until such equipment is made available, and get paid by the Employer for
the day unless sent to another job. Harnesses must be hooked to an independent safety line.
11.2 The parties acknowledge that the effective date of New York City Administrative
Code Section 9-03 is September 1, 2000. All training required pursuant to Section 9-03 shall be
provided by the Union.
11.3 The Employer shall supply safety harness and lifelines on all swing scaffolds, and
shall supply helmets. All Glaziers working on swing scaffolds shall wear said harnesses and
helmets. A refusal by any Glazier to wear said harness and helmet shall be grounds for dismissal
by the Employer and internal Union discipline. Nothing contained herein, however, shall be
interpreted to subject the Union or any of its officers or agents to any liability in the event of an
accident occurring to any Glazier who either wears or does not wear said harness.
11.4 Whenever scaffolding is off the ground, three (3) workers shall be required to shift
it. When it is on the ground, two (2) workers shall be required to shift it.
11.5 The Business Manager or Business Agent of the Union shall have the right to refuse
to permit Glaziers or apprentices to work on any job on which he determines that the working
conditions are hazardous.
11.6 Any non-apprentice employee may not be subject to more than one random
substance abuse test per calendar year. The test shall be administered at the Employer’s expense.
11.7 In order to work, a Joumeyperson or apprentice must have completed a thirty-hour
OSHA Safety Course, as per OSHA regulations, have a Site Safety Training (SST) card, and
comply with any other statutorily required training programs.
11.8 All foremen and stewards must attend a minimum of eight (8) hours of safety
training per calendar year.
11.9 Glazier members working under this contract are not required to wear uniforms.
Members shall be required to carry picture ID enforceable by the Union, not the Employer.
11.10 Health & Safety Rules.
| (a) | Rule No. 1 – With respect to all potentially hazardous or toxic materials, the |
| Material Safety Data Sheets and all OSHA requirements shall be made available and all manufacturers’ precautions and OSHA mandates shall be strictly adhered to. |
|
| (b) | Rule No. 2 – Regulation & Elimination of Materials Injurious to Health. It |
shall be unfair and discriminatory to discharge a Joumeyperson or Apprentice for refusing to
handle materials which are determined by competent authority to be injurious to health. If the Joint
Trade Board shall, after hearing, determine that such a violation has occurred, reinstatement shall
be ordered, where possible, with a view towards adequately compensating the Joumeyperson or
Apprentice for any damages sustained, and ensuring that the problem will not reoccur.
(c) Rule No. 3 – Injuries. Any injury, no matter how slight, must be reported
immediately to the Employer’s representative and the Union’s representative, and shall be
immediately taken care of by the employee’s physician, if required. On all jobs where there are
five (5) joumeypersons and apprentices or more, a first aid kit shall be provided.
| (d) | Rule No. 4 – Use of Elevators. On all buildings in which elevator service is | |
| provided for any other trade, such service shall be made available to all Bargaining Unit members. | ||
| (e) | Rule No. 5 – Blood Testing. Whenever blood testing, urine analysis or any | |
| other form of testing is a condition of employment on a job, all costs related to said testing shall | ||
| be borne by the Employer. | ||
| (f) | Rule No. 6 – OSHA Training. | The Employer shall not permit any |
joumeyperson or apprentice to work unless such joumeyperson or apprentice has completed the
appropriate OSHA training as per OSHA regulations, and will comply with any other statutorily
required training programs, such as, but not limited to, New York City Local Law 196. The
Employer shall have the burden of proving that the joumeyperson or apprentice satisfied this
requirement. The Union shall make every reasonable effort to provide timely OSHA, New York
City Local Law 196, and related training and subsequent certifications at the Training Center.
(g) Rule No. 7 – Safety Training for Foremen. In addition to the training
required in Rule No. 11, all foremen must attend a minimum of eight (8) hours of safety training
per calendar year.
ARTICLE XII.
TOOLS
12.1 The Employer shall provide safe and secure storage for the employees’ tools. The
Employer shall be fully responsible as an insurer in the event an employee’s tools are stolen or
damaged through no fault of the employee. Employees shall be responsible to provide for the
normal hand tools of the trade including:
| (a) | Glass Gloves and Work Gloves |
| (b) | Hammer |
| (c) | Pry Bar |
| (d) | Rubber Snips |
| (e) | Tape Measure |
| (f) | Suction Cups |
| (g) | Hard Hat |
| (h) | Rubber Mallet |
| (i) | Assorted Screwdrivers |
| (j) | Caulking Knife |
| (k) | Razor Knife |
| (1) | Safety Glasses |
| (m) | Adjustable Wrench |
| (n) (o) |
Vice Grips Paint Brush (Dust Brush) |
| (p) (q) (r) (s) |
Apron (Tool Pouch) Tool Bag Pencil and Marker (Sharpie) Tin Snips |
| (t) | Tooling Knives |
| (u) (v) (w) |
Scraper Allen Keys (MM & Standard) Glass Plyers |
| (x) | Glass Cutter |
| (y) | Chisel |
| (z) | Plum Bob |
| (aa) | Files |
| (bb) Combo SQ / Speed SQ | |
| (cc) | Chalk Line |
| (dd) Torpedo Level | |
| (ee) | Hack Saw |
| (fl) | Cotter Key Extractor ARTICLE XIII. INSURANCE & OTHER FRINGE BENEFITS |
13.1 The Employer agrees that it will carry all necessary and required insurance,
covering all of its employees. The Employer shall carry Workmen’s Compensation Insurance in
the State in which its employees are working. It shall also make contributions for Social Security
and Unemployment Insurance as required by law, regardless of the number of workers employed.
All payroll deductions, including the dues check-off herein provided for, shall be itemized on the
pay envelopes or pay receipts given to the employees with their pay.
(a) All Fringe Benefit contributions and all other non-Fringe Benefit
contributions that are paid by an Employer for work performed within the jurisdiction of this
Agreement, pursuant to the rules, regulations and procedures set forth herein shall be governed by
and administered by the Board of Trustees of the Painting Industry Insurance Fund.
(b) Contributions are considered assets of the respective Funds and become
vested plan assets when they become due from the Employer, whether or not they have been paid
to the Funds, and title to all money paid to or due and owing the Funds vests and exclusively
remains in the Trustees of the Funds. The Employer shall have no legal or equitable right, title or
interest in or to any sum paid by or due from the Employer and such contributions constitute a
trust fund.
13.2 The Employer agrees to be bound by and comply with all the terms, provisions and
conditions of the Trust Agreements and Declarations of Trust or other Trust Fund Documents (herein
referred to as Agreements and Declarations of Trust) governing the various Trust Funds as may be amended
from time to time, and hereby acknowledges that such Agreements and Declaration of Trust are
incorporated fully herein by reference and are adopted by the Employer.
13.3 Notwithstanding any other provision of this Agreement, the Board of Trustees of
the Painting Industry Insurance Fund (the “Insurance Fund”) shall administer benefit contributions
paid by Employers who are signatories to this Agreement (“Signatory Employers”) for work
performed within the jurisdiction of this Agreement, pursuant to the rules, regulations and
procedures set forth in this Article. The bargaining Parties shall recommend to the Trustees that
all Trustees shall have access to proof of work and payroll records.
13.4 Contribution Rates.
(a) All Signatory Employers shall make contributions as defined in this
Agreement, for each hour worked, and for overtime hours (for which fringe contributions shall be
made at the rate of time and one-half or double time, depending on the rate paid for wages), by
their employees covered under this Agreement.
13.5 Trust Administration.
(a) Contributions– Each Signatory Employer shall pay to the D.C. 9 Painting
Industry Insurance Fund under Agreement and Declaration of Trust heretofore and hereafter
created or amended, the terms and provisions of which are specifically incorporated herein by
reference, contributions for each trust fund in such amounts as are set forth in the schedule of
wages and benefit contributions in this Agreement for all JOURNEYPERSONS and apprentices
employed by the Signatory Employer, for the most recent pay period. Such contributions shall be
deposited, in accordance with the terms of this Agreement, into the following trust funds and
programs, and administered as set forth hereafter:
| (i) | Painting Industry Insurance Fund (to provide health and welfare and |
| vacation benefits). | |
| (ii) (iii) |
Painting Industry Annuity Fund. International Union of Painters and Allied Trades Union and IUPAT |
| National Pension Fund. |
(iv) International Union of Painters Allied Trades Political Action
Together-Political Committee.
(v) Window and Plate Glass Dealers Association Industry Promotion
Fund
| (vi) | Painting Industry Insurance Fund Vacation Account |
| (vii) Joint Apprentice Training Fund DC 9 | |
| (viii) Joint Apprentice Training Fund IUPAT | |
| (ix) (x) (xi) |
Labor Management Cooperation Initiative Organizing/Marketing Elfeld Scholarship |
| (b) | Administration of Contributions. Each Board of Trustees shall administer |
and expend said contributions pursuant to the aforesaid Agreements and Declarations of Trust and
this Agreement, and shall have the authority to increase or decrease any benefits payable hereunder
in their sole and absolute discretion, and as they may determine from time to time.
13.6 International Union of Painters and Allied Trades Union and the IUPAT National
Pension Fund (“Pension Fund”).
| (a) | The Trustees of the Funds shall pay all contributions received from |
| Signatory Employers for pension benefits to the Trustees of the International Union of Painters and Allied Trades Union and the IUPAT National Pension Fund (the ‘”National Trustees”). |
|
| (b) | The National Trustees shall administer and expend said contributions |
pursuant to the provisions of an Agreement and Declaration of Trust, as amended, and also in
accordance with the Merger Agreement, by and between the Trustees of the District Council No.
9 Painting Industry Pension Fund and the National Trustees.
(c) I Upon receipt of payment from a Signatory Employer, the Trustees of the
Insurance Fund shall remit to the National Trustees the pension contributions collected by the
Trustees of the Insurance Fund for the most recent pay period, together with a list of
JOURNEYPERSONS and apprentices for whom pension contributions have been received and
are covered hereby, and the number of hours and/or days worked by each JOURNEYPERSON
and apprentice during the applicable period.
(d) To the extent that (i) any contribution schedule applicable to Employers
adopted by the trustees of the International Union of Painters and Allied Trades Union and the
IUPAT National Pension Fund is greater than the contribution rate that was otherwise in effect
under the collective bargaining agreement for the remainder of its term or (ii) any Employer under
this Agreement becomes subject to the automatic Employer surcharge under Section 432 of the
Internal Revenue Code or any excise tax, penalty, fee, other surcharge or other amount relating to
the funding of the Pension Fund (including those under Section 4971(g) of the Internal Revenue
Code, but not including interest, liquidated damages, or other amounts owed as a consequence of
failing to make timely remittance of contributions to the Pension Fund), then the Parties shall meet
and reach an agreement to pay for any additional contribution and/or surcharge amounts, excise
taxes, penalties, fees or other amounts that such Employer is required to pay within the economic
parameters of the Agreement. Any future increases to the Pension Fund contributions shall be
taken out of the economic package agreed to in this Agreement.
13.7 Joint Apprentice Training Fund DC 9 and Joint Apprentice Training Fund IUPAT
(a) For the duration of this Agreement, and any renewals or extensions thereof,
the Signatory Employers and any Employer as defined in the Agreement and Declaration of Trust
agree to make payments to the Joint Apprentice Training Fund DC 9 (the “Apprenticeship and
Training Fund”), and further agree to make payments to the Joint Apprentice Training Fund
IUPAT established under Agreement and Declaration of Trust. All of the aforesaid payments shall
be made in such amounts as set forth in the following sub-section (b), and as set forth in the
schedules of wages and contributions in this Agreement.
(b) Contributions.
(i) For each hour worked or portion thereof, for which a
JOURNEYPERSON or apprentice receives pay, the Signatory Employer shall make a contribution
to the Joint Apprenticeship Training Fund DC 9 in the amount set forth in the schedule of wages
and benefit contributions in this Agreement.
(ii) For each hour worked or portion thereof, for which a
JOURNEYPERSON or apprentice receives pay, the Signatory Employer shall make a contribution
to the Joint Apprentice Training Fund IUPAT in the amount set forth in the schedule of wages and
benefit contributions in this Agreement. Such payments shall be made in the manner and form as
shall be determined by the Trustees of the International Union of Painters and Allied Trades Joint
Apprentice Training Fund.
(iii) For the purposes of this Article, contributions shall be paid for each
hour a JOURNEYPERSON or apprentice receives pay, including hours attributable to show up
time and other hours for which pay is received by the JOURNEYPERSON or apprentice in
accordance with this Agreement.
(iv) Contributions shall be paid on behalf of any JOURNEYPERSON or
apprentice, including probationaiy employees, starting with his/her first hour of employment in a
job classification covered by this Agreement.
(v) The Employer hereby irrevocably designates as its representatives
on the Board of Trustees of the I.U.P.A.T. Joint Apprentice Training Fund such Trustees as are
now serving, or who will in the future serve, as Employer Trustees, together with their successors,
as provided for in the Agreement and Declaration of Trust.
(vi) The Union hereby irrevocably designates as its representatives on
the Board of Trustees of the I.U.P.A.T. Joint Apprentice Training Fund such Trustees as are now
serving, or who will in the future serve, as Union Trustees, together with their successors, as
provided for in the Agreement and Declaration of Trust.
(vii) The Employer hereby irrevocably designates as its representatives
on the Board of Trustees of the Joint Apprenticeship Training Fund DC 9 such Trustees as are now
serving, or who will in the future serve, as Employer Trustees, together with their successors, as
provided for in the Agreement and Declaration of Trust.
(viii) The Union hereby irrevocably designates as its representatives on
the Board of Trustees of the Joint Apprenticeship Training Fund DC 9 such Trustees as are now
serving, or who will in the future serve, as Union Trustees, together with their successors, as
provided for in the Agreement and Declaration of Trust.
(ix) Parties hereto further agree to be bound by all of the lawful actions
taken by the Trustees of the I.U.P.A.T. Joint Apprentice Training Fund in accordance with and
pursuant to the Agreement and Declaration of Trust.
13.8 Painting Industry Insurance Fund and Painting Industry Insurance Vacation
Account.
(a) For the duration of this Agreement, and any renewals or extensions thereof,
the Signatory Employers agree to make payments to the Insurance Fund and Painting Industry
Insurance Vacation Account under an Agreement and Declaration of Trust, as amended thereafter
from time to time, the terms of which are herein specifically incorporated by reference, for
contributions in such amounts as are set forth in the schedule of wages and benefit contributions
in this Agreement and to be bound by said Agreement and Declaration of Trust as though they
had actually signed the same
(b) The Signatory Employers hereby irrevocably designate as their
representatives on the Board of Trustees of the Insurance Fund and Vacation Account such
Trustees as are now serving, or who will in the future serve, as Employer Trustees, together with
their successors, as provided for in the Agreement and Declaration of Trust establishing the
Insurance Fund and Vacation Account.
(c) The Union hereby irrevocably designates as its representatives on the Board
of Trustees of the Insurance Fund and Vacation Account such Trustees as are now serving, or who
will in the future serve, as Union Trustees, together with their successors, as provided for in the
Agreement and Declaration of Trust establishing the Insurance Fund and Vacation Account.
| (d) | The Parties hereto further agree to be bound by all of the lawful actions |
| taken by the Trustees of the Insurance Fund and Vacation Account in accordance with and pursuant to the Agreement and Declaration of Trust establishing the Insurance Fund and Vacation Account. |
|
| (e) | An Association Employer may, by making the required payments into the |
Funds, cover such other of his employees as he may elect and provided such coverage is in
compliance with law and the Agreement and Declaration of Trust Agreement – so that the
Agreement permits participation agreements for Employer’s office staff.
(f) The Parties agree that if the Patient Protection and Affordable Care Act or
any future governmental healthcare reform requires (i) any payment by contributing Employers
for some or all of the benefits already provided for in the Insurance Fund to participants or (ii) any
contributing Employers to pay any excise or other tax, penalty (including without limitation,
assessable Payments under Internal Revenue Code Section 4980H and the regulations and
guidance thereunder), fee or other amount relating to or resulting in whole or in part _from the
eligibility or premium requirements of, or the level of benefits provided by, the Insurance Fund or
otherwise relating to the Insurance Fund, the Parties shall meet and reach an agreement to either
(i) revise the plan of benefits under the Insurance Fund so that such excise or other tax, penalty
(including, without limitation, assessable payments), fee or other amount are not payable or (ii)
pay for such excise or other tax, penalty (including, without limitation assessable payments), fee
or other amount within the economic parameters of the Agreement.
13.9 Painting Industry Annuity Fund.
(a) For the duration of this Agreement, and any renewals or extensions thereof,
the Signatory Employers agree to make payments to the Painting Industry Annuity Fund under an
Agreement and Declaration of Trust, as amended thereafter from time to time, the terms of which
are herein specifically incorporated by reference, for contributions in such amounts as are set forth
in the schedule of wages and benefit contributions in this Trade Agreement and to be bound by
said Agreement and Declaration of Trust as though they had actually signed the same.
(b) The Signatory Employers hereby irrevocably designate as their
representatives on the Board of Trustees of the Painting Industry Annuity Fund such Trustees as
are now serving, or who will in the future serve, as Employer Trustees, together with their
successors, as provided for in the Agreement and Declaration of Trust establishing the Painting
Industry Annuity Fund.
(c) The Union hereby irrevocably designates as its representatives on the Board
of Trustees of the Painting Industry Annuity Fund such Trustees as are now serving, or who will
in the future serve, as Union Trustees, together with their successors, as provided for in the
Agreement and Declaration of Trust establishing the Painting Industry Annuity Fund.
(d) The Parties hereto further agree to be bound by all of the lawful actions
taken by the Trustees of the Painting Industry Annuity Fund in accordance with and pursuant to
the Agreement and Declaration of Trust establishing the Painting Industry Annuity Fund.
13.10 Labor Management Cooperation Initiative.
(a) For the duration of this Agreement, and any renewals or extensions thereof,
the Signatory Employers and any Employer as defined in the Agreement and Declaration of Trust
establishing the Labor Management Cooperation Initiative (“LMCI”), agree to make payments to
LMCI for the JOURNEYPERSONS and apprentices covered by this Agreement, and to be bound
by and to said Agreement and Declaration of Trust. The .Employers agree to submit ten cents
($0.10) per hour to the LMCI.
(b) Contributions. For each hour worked or portion thereof, for which a
JOURNEYPERSON or apprentice receives pay, the Signatory Employers shall make a
contribution in the amount set forth in the schedule of wages and benefit contributions in this
Agreement. For the purposes of this section, contributions shall be paid for each hour a
JOURNEYPERSON or apprentice receives pay, including hours attributable to show up time and
other hours for which pay is received by the JOURNEYPERSON or apprentice in accordance with
this Agreement.
(c) All contributions shall be made in the same manner as contributions are
made to the other funds. The Trustees shall have the authority to have an independent Certified
Public Accountant audit the financial books and records of the Signatory Employer for the purpose
of determining the accuracy of contributions to this fond.
13.11 International Political Action Together — Political Committee. For the duration
of this Agreement, and any renewals or extensions thereof, the Signatory Employers agree that
after taxes are taken out from the gross taxable wage package as defined in this Agreement,
payment will be remitted to the International Political Action Together — Political Committee
“International PAT– PC”, in such amounts as are set forth in the schedule of wages and benefit
contributions in this Agreement. The International Union shall be solely responsible for the
administration of the International PAT– PC. Failure by the Employer to remit the International
PAT– PAC shall be deemed a breach of this Agreement. In such event the Trustees of the Funds
are authorized to collect from the Employer the International PAT– PC only for the convenience
of the Union to better facilitate the collection and remission to the International PAT – PC
concurrently with collecting Signatory Employer Fringe Benefit Contributions. Neither the
Insurance Fund nor any of the fringe benefit funds to which contributions are required to be made
under this Agreement (nor any of their Boards of Trustees or fiduciaries) will incur any liability
for any failure to collect the International PAT – PC. For its services, the International Union
hereby agrees to reimburse the Insurance Fund for all reasonable costs of administration and/or
the collection of the International PAT – PC, and to indemnify and hold harmless the Funds, their
Trustees and/or the other fiduciaries against any and all claims, demands, suits and liabilities that
may arise out of such administration and/or collection. It is specifically understood and agreed by
the Parties to this Agreement that no Association nor any Signatory Employer has any involvement
whatsoever with the establishment or operation of the International PAT – PC.
13.12 Check-off of Administrative Dues.
(a) Dues Check-Off System. Every Signatory Employer hereby agrees to
check-off from the gross taxable wages, defined herein as total wages, vacation, and Political
Action Together contributions, of each JOURNEYPERSON and apprentice employed by such
Signatory Employer during the term of this Agreement, administrative dues in the amounts set
forth in the Union Bylaws and any amendments thereto.
(b) Administration of Dues Check-Off. Upon receipt of payment from the
Signatory Employer, the Trustees of the Insurance Fund shall remit to the Union the entire amount
of administrative dues collected by said Trustees for the most recent pay period, together with a
list of JOURNEYPERSONS and apprentices covered hereby for whom dues have been received,
and the number of hours worked by each during the applicable period. The Trustees’ responsibility
hereunder is limited solely to facilitating the collection and remission of such amounts to the
Union.
(c) Employee Authorization. At the
JOURNEYPERSON or apprentice, the Signatory
time of the employment of any
Employer will submit to each
JOURNEYPERSON or apprentice a dues deduction authorization card in triplicate for his/her
voluntary signature, one copy of which is to be retained by the Signatory Employer, one copy
retained by the JOURNEYPERSON or apprentice, and the other returned to the Union. The form
is to be supplied to the Signatory Employer by the Union.
(d) Signatory Employer’s Obligations. The obligations of the Signatory
Employers under sub-section (a) above shall only be as to JOURNEYPERSONS and apprentices
who have voluntarily signed a valid dues deduction and authorization card as referred to in sub¬
section (c) above.
(e) Liability of the Trustees and Cost of Administration. Failure by the
Employer to remit dues check-off shall be deemed a breach of this Agreement. In such event the
Trustees of the Funds are authorized to collect from the Employer those dues check-off only for
the convenience of the Union to better facilitate the collection of its administrative dues
concurrently with collecting Signatory Employer Fringe Benefit Contributions. Neither the
Insurance Fund nor any of the fringe benefit funds to which contributions are required to be made
under this Agreement (nor any of their Boards of Trustees or fiduciaries) will incur any liability
for any failure to collect any such administrative dues. For its services, the Union hereby agrees to
reimburse the Insurance Fund for all reasonable costs of administration of the check-off of
administrative dues, and to indemnify and hold harmless the Funds, their Trustees and/or the other
fiduciaries against any and all claims, demands, suits and liabilities that may arise out of such
administration. It is specifically understood and agreed by the Parties to this Agreement that no
Association nor any Signatory Employer has any involvement whatsoever with the establishment
or operation of the dues check-off.
13.13 Industry Promotion Fund.
| (a) | Administration. The Window and Plate Glass Dealers Association Industry |
| Promotion Fund shall be administered by the Window and Plate Glass Dealers Association. | |
| (b) | Contributions. For each hour worked or portion thereof, for which a |
JOURNEYPERSON or apprentice receives pay, the Signatory Employers shall make a
contribution in the amount set forth in the schedule of wages and benefit contributions in this
Agreement. Contributions shall be paid to the Window and Plate Glass Dealers Association
Industry Promotion Fund to be determined as follows:
| (i) | For glazing work performed under this Agreement, contributions |
| shall be made to the Window and Plate Glass Dealers Association Industry Promotion Fund of | |
| $0.20 per hour. (c) |
|
| No Anti-Union Activity. The Association and their Employer members |
agree that no moneys collected by the Industry Promotion Fund shall be used for any anti-union
activity or any actions detrimental to union membership.
(d) Liability of the Trustees and Cost of Administration. The Window and Plate
Glass Dealers Association Industry Promotion Fund is only for the convenience of the Association
to better facilitate the collection and remission of contributions to the Industry Promotion Fund
concurrently with collecting Signatory Employer Fringe Benefit Contributions. The Trustees of
the Funds are authorized to collect from the Employer those contributions only for the convenience
of the Association to better facilitate the collection and remission of contributions to the Industry
Promotion Fund. Neither the Insurance Fund nor any of the fringe benefit funds to which
contributions are required to be made under this Agreement (nor any of their Boards of Trustees
or fiduciaries) will incur any liability for any failure to collect any such contributions. For its
services, the Association hereby agrees to reimburse the Insurance Fund for all reasonable costs
of administration and/or the collection of contributions to the Industry Promotion Fund and hold
harmless the Funds, their Trustees and/or the other fiduciaries against any and all claims, demands,
suits and liabilities that may arise out of such administration and/or collection. It is specifically
understood and agreed by the Parties to this Agreement that the Union does not have any
involvement whatsoever with the establishment or operation of this program.
13.14 Organizing/Marketing. For the duration of this Agreement, and any renewals or
extensions thereof, the Signatory Employers agree that after taxes are taken out from the gross
taxable wage package as defined in this Agreement, payment will be remitted to the
Organizing/Marketing Program “O/MA” , in such amounts as are set forth in the schedule of wages
and benefit contributions in this Agreement. The Union shall be solely responsible for the
administration of the O/MA. Failure by the Employer to remit the O/MA shall be deemed a breach
of this Agreement. In such event the Trustees of the Funds are authorized to collect from the
Employer the O/MA only for the convenience of the Union to better facilitate the collection and
remission of the O/MA concurrently with collecting Signatory Employer Fringe Benefit
Contributions. Neither the Insurance Fund nor any of the fringe benefit funds to which
contributions are required to be made under this Agreement (nor any of their Boards of Trustees
or fiduciaries) will incur any liability for any failure to collect the O/MA. For its services, the
Union hereby agrees to reimburse the Insurance Fund for all reasonable costs of administration
and/or the collection of O/MA, and to indemnify and hold harmless the Funds, their Trustees
and/or the other fiduciaries against any and all claims, demands, suits and liabilities that may arise
out of such administration and/or collection. It is specifically understood and agreed by the Parties
to this Agreement that no Association nor any Signatory Employer has any involvement
whatsoever with the establishment or operation of the O/MA..
13.15 Elfeld Scholarship Fund. For the duration of this Agreement, and any renewals or
extensions thereof, the Signatory Employers agree to make contribution payments to the Elfeld
Scholarship Fund in such amounts as are set forth in the schedule of wages and benefit
contributions in this Agreement, and the Union shall administer the Elfeld Scholarship Fund for
which the Signatory Employers agrees to make said contributions. The Signatory Employers agree
to be bound by the Elfeld Scholarship Fund Trust Agreement and further agrees to be bound by all
actions taken in conformity with said Agreement, which may be amended from time to time, the
terms of which are specifically incorporated herein by reference. Failure by the Employer to remit
contributions to the Elfeld Scholarship shall be deemed a breach of this Agreement. In such event
the Trustees of the Funds are authorized to collect from the Employer those contributions only for
the convenience of the Union to better facilitate the collection and remission of contributions to
the Elfeld Scholarship concurrently with collecting Signatory Employer Fringe Benefit
Contributions. Neither the Insurance Fund nor any of the fringe benefit funds to which
contributions are required to be made under this Agreement (nor any of their Boards of Trustees
or fiduciaries) will incur any liability for any failure to collect any such contributions. For its
services, the Union hereby agrees to reimburse the Insurance Fund for all reasonable costs of
administration and/or the collection of contributions to the Elfeld Scholarship, and to indemnify
and hold harmless the Funds, their Trustees and/or the other fiduciaries against any and all claims,
demands, suits and liabilities that may arise out of such administration and/or collection. It is
specifically understood and agreed by the Parties to this Agreement that no Association nor any
Signatory Employer has any involvement whatsoever with the establishment or operation of this
program.
13.16 Wages, Fringe Benefits, Hours, Travel Subsistence and Working Conditions.
(a) Every Signatory Employer, when working in the jurisdiction of a District
Council 9, Glaziers Local Union #1087, where the projects are located, shall, with respect to
employees hired from within said jurisdiction, make contributions on behalf of such employees to
all pension, health, welfare, apprenticeship and training funds, and other fringe benefit funds
provided for in this Agreement For all JOURNEYPERSONS and apprentices a Signatory
Employer employs on a job outside the Union’s territorial jurisdiction, the Signatory Employer
shall make such contributions to their “home area” fringe benefit funds as are provided for in the
collective bargaining agreement of the employees’ “home area” District Council or Local Union.
| (b) | For the foregoing purpose, the Signatory Employers hereby: |
| (i) | Agree that such contributions shall be made at the rate, in the manner |
| and under the terms and conditions specified in the applicable Collective Bargaining Agreement; | |
| (ii) | Agree that where the International Union of Painters and Allied |
Trades Union and Industry National Pension Trust Fund is applicable, contributions shall be made
in the manner and under the terms and conditions specified in the Standard Form of Participation
Agreement issued by the National Trustees;
(iii) Agree to be bound to all Trust Agreements or other Trust Documents
establishing said fringe benefit funds;
(iv) Irrevocably designate as their representative on the Boards of
Trustees of said Funds, such Trustees as are presently serving pursuant to said Trust Agreements
or other Trust Documents as Union and Employer Trustees, together with their successors selected
in the manner provided in said Trust Agreements or other Trust Document; and
(v) Agree to be bound by all actions of said Boards of Trustees pursuant
to the said Trust Agreements or other Trust Documents.
13.17 IUPAT Central Collections Unit. Signatory Employers shall, with respect to any
and all contributions or other amounts that may be due and owing to the IUPAT and its related or
affiliated Funds or organizations including, but not limited to, the IUPAT Industry Pension Plan,
the IUPAT Industry Annuity Plan, the IUPAT Joint Apprenticeship and Training Fund, the
Finishing Industries Labor-Management Cooperation Initiative, the IUPAT Political Action
Together (and any and all other affiliated International organizations as they may be created or
established in the future), upon receipt of a written directive to do so by the affiliated Funds and
organizations, make all required payments either directly or through an intermediate body to the
‘Central Collections Unit’ of the International Union and its affiliated Funds and organizations.
Such contributions shall be submitted on appropriate forms, in such format and with such
information as may be agreed to by Central Collections.
13.18 ADR of Workers’ Compensation Claims. The Parties agree to explore the
establishment of an alternative dispute resolution program for the resolution of workers’
compensation claims.
13.19 The Parties direct the health fund trustees to continue to explore all appropriate
efforts to achieve health fund savings each year, through various techniques such as: rebidding
vendor contracts, limiting the hospital/provider network, etc. while continuing to ensure quality
care.
ARTICLE XIV.
PAYMENTS.
14.1
(a) All Fringe Benefit Contributions shall be made at such times and in such
manner as the Boards of Trustees (collectively, the “Trustees”) and/or the National Trustees shall
prescribe in accordance with the applicable Trust Agreement, as amended from time to time.
Regardless of the ability or inability of a Signatory Employer to pay its required Fringe Benefit
Contributions, the Signatory Employers shall be required to submit through the District Council
No. 9 Funds’ online portal system a weekly remittance report for the prior work week. The weekly
remittance report shall be on the form provided by the Funds. Any Signatory Employer who fails
to include all workers on its remittance report, or fails to accurately submit a weekly remittance
report, shall be in violation of this Agreement. This failure will subject the Signatory Employer to
fines by the Joint Trade Board and/or any other penalty imposed by the Trustees of the Funds.
Unless otherwise provided by the Trustees, payments for all fringe benefit contributions must be
made through the District Council No. 9 Funds’ online portal system or any other mechanism
determined by the Trustees, or by certified or bank or business checks. No cash currency shall be
accepted. If any Signatory Employer shall have its check dishonored, then all future checks must
be certified.
(b) The Signatory Employers agree that the Trustees shall have the authority to
have an independent Certified Public Accountant audit the payroll records, payroll tax returns,
cash disbursements records, bank statements, vendor invoices and any and all union reports for all
other trades, wages, and general ledger of any Signatory Employer for the purpose of determining
the accuracy of such contributions required in this Agreement, provided, however, that the
compensation and social security number of senior management of the Signatory Employer may
be redacted from all such records, except for owner operators. “Senior management” shall be
defined as any officer, director, partner(s) or owner(s).
(c) The independent Certified Public Accountant shall have the authority to
audit, in addition to the documents and information set forth in the preceding paragraph, corporate
tax information relating to a Signatory Employer or its affiliated entities, in the event that such
independent Certified Public Accountant, in his professional judgment, determines that it is
necessary to review such documents and information for the purpose of determining the accuracy
of the Signatory Employer’s Fringe Benefit Contributions and such independent Certified Public
Accountant provides the Signatory Employer, in writing, with an advance explanation of the
reasons for such determination. All documents and information furnished by the Signatory
Employer in connection with such audit, shall be treated as confidential and shall not be disclosed
to any third parties, except as may be necessary to enforce the Signatory Employer’s obligation
with respect to the Fringe Benefit Funds under this Agreement.
(d) Each hour worked and paid for, including hours attributable to show up
time, and other hours for which pay is received by a JOURNEYPERSON or apprentice in
accordance with this Agreement, shall be counted as hours for which Fringe Benefit Contributions
are payable.
| (e) | Fringe Benefit Contributions shall be paid on behalf of any |
| JOURNEYPERSON or apprentice, including, but not limited to, probationary employees, starting with his/her first day of employment in a job classification covered by this Agreement. |
|
| (f) | The failure of an Employer to make fringe benefit contributions or pay |
interest, liquidated damages or fees related thereto as provided for in this Agreement, shall be
attributed to any officer, stockholder, partner or proprietor in actual control of said Employer, and
execution of this Trade Agreement by any such person shall bind said person individually to the
terms and conditions set forth herein. A default in payment of any fringe benefit contributions or
pay interest, liquidated damages or fees related thereto due pursuant to this Agreement shall follow
said officer, stockholder, partner, and/or proprietor into any succeeding enterprise entered into by
said person. Where the Trustees determine that an Employer is being operated in the name of a
nominee, family member, successor entity or alter ego of an individual actually controlling the
Employer, the Trustees may consider any default of the obligations set forth in such Articles to be
the default of said controlling individual.
14.2 Penalties.
(a) The required Fringe Benefit Contributions constitute a consideration for
entering into this Agreement and constitute its very essence. Failure by any Signatory Employer
to pay to the Trust Funds amounts due under this Agreement shall be deemed a breach of this
Agreement, and thereupon a termination notice shall be served by the Trustees upon the Union. In
such event, the Union may enforce the foregoing and following provisions relating to payment to
the Trustees. In the event a Signatory Employer fails to make the required payments or reports for
more than forty-eight (48) hours after such notice of termination, the Union may order its
JOURNEYPERSONS and apprentices to cease work on all the delinquent Employer’s projects
until all required payments and/or reports have been rendered. Such Signatory Employer must pay
all such JOURNEYPERSONS and apprentices for all time lost, not to exceed one (1) week of
wages per JOURNEYPERSON or apprentice.
(b) If a Signatory Employer fails to make contributions to the Pension Fund
within the date required by the National Trustees, or fails to make any other Fringe Benefit
Contributions when due in a timely manner pursuant to this Trade Agreement, the Union shall
have the right to take whatever steps are necessary to secure compliance with this Trade
Agreement, notwithstanding any other provisions hereof to the contrary. The Signatory Employer
shall be liable for all costs of collection of the payments due together with attorneys’ fees and such
penalties as may be assessed by the Trustees and/or National Trustees, . The Signatory Employer’s
liability for payment of Pension Fund Contributions under this Trade Agreement shall not be
subject to or covered by the grievance or arbitration procedure in Article 24 , nor the “no strike”
clause set forth in Art. 8
(c) Any job action taken by the Union pursuant to the procedures in foregoing
Article shall not be covered by the “no strike” clause set forth in Article 8. The Union shall suffer
no liability for ordering its members to cease work upon demand from the Trustees and each
Signatory Employer expressly waives any right it may have to bring suit for damages or other
relief against the Union for breach of the no-strike clause in the event the Union orders its members
to cease work after demand from the Trustees.
14.3 Qualification for Income Tax Deductions. Each of the Trust Funds set forth in this
Agreement which are intended to qualify under the Internal Revenue Code shall at all times
conform with the currently applicable requirements of the Internal Revenue Code so as to enable
each Signatory Employer at all times to treat Fringe Benefit Contributions as a current deduction
for income tax purposes. In the event that a Fringe Benefit Contribution is not currently deductible,
the Signatory Employer shall not be required to make such payment.
14.4 In addition to any rules and regulations set forth herein , if an Employer fails to pay
Fringe Benefits Contributions for the employees, the employees reserve the right to cease work
for the Employer. In the event that the employees exercise their right to cease work for the
Employer, the employees shall be paid by the Employer the same wages as if they were performing
the work for the period of time that the employees ceased working.
14.5 All Employers shall fill out weekly remittance forms whether or not contributions
are purchased.
14.6 The schedule of fines which shall be in effect for the duration of this Trade
Agreement, or until such time as amended by the Joint Trade Board, will be not less than the
following: Failure to submit Shop Steward reports or remittance reports = $500.00 for each missing
report.
| (a) | Effective May 1, 2022, and each year thereafter, the Pension contribution |
| called for in the Agreement shall increase by a minimum of 5% of the total negotiated increase to wages and benefits for that year. Such increase shall be rounded up to the nearest penny. |
|
| (b) | Pursuant to the decision of the Board of Trustees of the International |
Painters and Allied Trades Industry Pension Plan (the “Pension Plan”) to enter “Critical Status”
on January 14, 2022 and adopt a Rehabilitation Plan that provides bargaining parties the
opportunity to elect between two proposed “alternate schedules” of contributions and benefits or
to accept the Rehabilitation Plan’s Default Schedule, the Parties to this Agreement hereby adopt
Alternate Schedule 2. Accordingly, the Parties are required to increase the contribution rate to the
Pension Plan at least 20% above the rate in effect on January 1, 2022 (which was $11.27 per hour)
no later than December 31, 2024. Since the Parties agreed to a $0.07 per hour increase effective
May 1, 2022, and a $0.50 per hour increase effective November 1, 2022, the remaining $1.68 per
hour increase required to satisfy Alternate Schedule 2 has been divided among the May 1, 2023
($1.00) and May 1, 2024 ($0.68) increases.
ARTICLE XV.
DAMAGES, INTEREST AND FEES.
15.1
(a) (a).Liquidated Damages. Time is of the essence for the payment of Fringe
Benefit Contributions. The Parties recognize and acknowledge that the regular and prompt
payment of Fringe Benefit Contributions by Signatory Employers is essential, and that it would
be extremely difficult, if not impractical, to fix the actual expense and damages which will result
from a failure of a Signatory Employer to make the required Fringe Benefit Contributions in full
within the time provided, and without becoming delinquent. Therefore, the Parties agree that if the
required Fringe Benefit Contributions shall become delinquent, the amount of damage resulting
from any such delinquency shall be, by way of liquidated damages, and not as a penalty, a sum
equivalent to 10% of the total Fringe Benefit Contributions required pursuant to this Trade
Agreement, for each failure to pay in full within the time provided , for each pay period for which
payments are required to be made; unless a lawsuit is commenced to recover such contributions,
in which case the liquidated damages shall be 20% of the required contributions. The liquidated
damages, so fixed and computed, shall be added to and become a part of the Signatory Employer’s
required Fringe Benefit Contribution due to any of the Trustees. Notwithstanding the foregoing,
no Signatory Employer shall be assessed liquidated damages if a delinquency is cured within 29
days from the date from which contributions were due.
(b) Interest. If the required Fringe Benefit Contributions of a Signatory
Employer become delinquent, in addition to the amount assessed as liquidated damages, interest
shall be added to the obligation of the delinquent Signatory Employer, calculated monthly at the
annual rate of the prime rate plus 2.0%, which shall be calculated based upon the sum of all Fringe
Benefit Contributions due for the period for which the Signatory Employer is delinquent, starting
with the first day of delinquency. Notwithstanding the foregoing, no Signatory Employer will be
charged interest if a delinquency is cured within 8 days from the date from which contributions
were due.
(c) Attorneys’ Fees and Cost of Collection. If the required Fringe Benefit
Contributions become delinquent, in addition to the amount due as liquidated damages and interest
as provided for in the preceding subsections (a) and (b), there shall be added to the obligation of
the delinquent Signatory Employer, all reasonable expenses incurred by the Trustees in the
collection of any delinquency, liquidated damages and interest, including but not limited to (i)
reasonable attorneys’ fees; (ii) accountant’s fees; (iii) cost of attachment and execution; (iv) bond;
(v) receivers; and (vi) court costs and disbursements.
(d) All liquidated damages, interest, and any other costs and assessments due
and received from a delinquent Signatory Employer shall be paid to and received by the Trustees.
15.2 Trust Fund Hearing.
(a) Signatory Employer Request. Should a Signatory Employer, after an audit
held hy the Trustees, be subject to an assessment of Fringe Benefit Contributions, the Signatory
Employer shall be entitled, on request, to a hearing before the Trustees or a properly appointed
subcommittee thereof. At such hearing, the Signatory Employer shall be given an opportunity to
present all available facts, and shall be subject to open examination thereon, so that the Signatory
Employer may establish an actual lower direct labor cost such that a readjustment of the basis for
the calculation of the Signatory Employer’s Fringe Benefit Contributions due to the Trustees is
warranted. At such hearing, the Trustees shall consider the recommendation of the Funds’ auditors
and any proof that the Signatory Employer may offer. The decision of the Trustees, after such
hearing, shall be final and binding.
(b) Failure to Request Hearing. If, after an audit and a final assessment of
contributions due, the Signatory Employer fails, within twenty (20) days after written notice
thereof given by the Trustees, to request in writing a hearing before them as provided in the
preceding sub-section (a), the Signatory Employer shall be deemed conclusively to have consented
thereto, with no further recourse.
15.3 Bonds. All signatory contractors and contractors from outside of the geographical
jurisdiction of this agreement must post a bond.
(a) Security – The Signatory Employer shall provide security to the Trustees for
the faithful performance by it of the requirements under this Trade Agreement for the payment of
Signatory Employer Benefit Contributions, liquidated damages, interest, attorneys’ fees, costs of
collection and other monetary obligations under this Trade Agreement. The Trustees shall be
entitled to retain any interest that accrues on such security during the time such security is
deposited with the Trustees.
| (b) | Form of Security – Such security deposited with the Trustees shall be in the |
| form of cash, surety bond acceptable to the Trustees, or other security acceptable to the Trustees. | |
| (c) | Amount of Security – The amount of security which the Signatory Employer |
is required to deposit with the Trustees shall be $25,000 for Association Member Employers and
$50,000 for Independent Employers. The security provided in accordance with the foregoing shall
be available to satisfy any delinquency and any interest and liquidated damages resulting from
such delinquency. In the event that a former signatory employer does not report any work covered
by this Agreement (or its successor) for a two year period and such employer refuses or fails to
make records available to the Certified Public Accountant as described in this Agreement , the
entire amount of such employer’s security shall apply and be paid to the Fringe Benefit Funds (in
proportion to their respective contribution rates) to the signatory employer’s credit.
(d) If at any time a Signatory Employer’s security on deposit with the Trustees
shall, for any reason, be in an amount less than the amount required by this Section, the Signatory
Employer shall immediately deposit with the Trustees additional security so that the Signatory
Employer’s security on deposit shall at all times comply with this subsection.
(e) Additional Security — In the event the Trustees determine that a Signatory
Employer is guilty of violating any provision of this Agreement, or in the event the Trustees bring
suit against a Signatory Employer to collect unpaid Fringe Benefit Contributions or interest,
liquidated damages or fees related thereto, the Signatory Employer shall provide additional
security in such form and amount, as the Trustees shall determine. The Trustees may, but are not
required to, assess such additional security in an amount no less than the amount of the Signatory
Employer’s potential, existing or future liability to the Trustees. Any additional security required
pursuant to this subsection shall be deposited with the Trustees who are authorized to pay out of
such security any sums found by the Trustees to be due for unpaid Fringe Benefit Contributions,
liquidated damages, interest, attorneys’ fees, or other costs of collection.
ARTICLE XVI.
PROHIBITED AGREEMENTS AND ARRANGEMENTS
16.1 No Employer shall at any time make any arrangement whatsoever, written or oral,
with any Glazier for the performance of work of any description whatsoever, other than to
employ Glaziers as provided for in this Agreement in the usual and regular manner, and at the
wage rates provided herein.
16.2 All Employers shall assign and perform all work within the craft jurisdiction of the
Union as defined in Art. 1, by directing employment of Glaziers in the usual and regular manner
and no Employer shall enter into any other arrangements to assign or perform said work. Said
prohibited arrangements, without limiting the generality thereof, shall include subcontracting,
lumping or agency agreements.
16.3 The Employer shall not subcontract work in the jurisdiction of District Council #9
to any other Employer who does not have a current signed Collective Bargaining Agreement with
District Council #9 or Glaziers Local 1087.
16.4 The Union referral hall shall not refer any Glaziers to any Employer who does not
have a current signed Collective Bargaining Agreement with the Union.
ARTICLE XVII.
SITE SPECIFIC AGREEMENTS
17.1 The Union and the Association acknowledge that in certain circumstances it is not
feasible for an Employer to sign the full D.C. #9 Glazing Agreement. When these circumstances
exist, the Union shall be permitted to sign said Employer to a Site Specific (per job) Agreement,
which will become null and void at the completion of said job. Site Specific Agreement shall not
be issued by the Union if the total cumulative contract value for the particular job is $100,000.00
or more.
17.2 Said Employer must be signed to a full, recognized Building Trade Agreement, in
order to be eligible for this Site Specific Agreement.
17.3 This will most commonly be used for fixture and skylight contractors.
17.4 On all jobs that have SITE SPECIFIC agreement, that Employer must post a surety
bond or a cash bond as per Article 9.3 of this agreement. Otherwise all fringe benefits must be
prepaid in full in advance and before commencement of work.
ARTICLE XVin.
DOUBLE BREASTING
In the event that any Employer creates and/or uses another corporation or other entity, over which
the Employer has a direct financial interest, or exercises direct or indirect control, for the purpose
of, or which has the effect of avoiding its obligations hereunder (“double breasting”), the Union
shall be entitled to liquidated damages in the amount of $10,000 for each provable occurrence. The
Union may also bring charges with the Joint Trade Board The Funds may also take any action the
Trustees of the Funds deem appropriate against the Employer either in Court or Arbitration.
“Double breasting” is to be distinguished from subcontracting, which is an arm’s length transaction
between two wholly separate and independent entities. Subcontracting is dealt with in other
Articles of this Agreement .
ARTICLE XIX.
STAFFING OF JOBS
19.1 All work covered by this Agreement which is performed in the Employer’s shop,
as well as on the job site, must be done by Glaziers covered by this Agreement. Employers who
are not signatory to this Agreement may be limited by the Union to furnish only one supervisor to
the job site.
19.2 Those Employers signatory to the full Glaziers Agreement shall employ at least one
District Council 9 referred Glazier for 35 hour per week, 52 weeks per year during the term of this
Agreement and shall have a commercial Glazing place of business within the territorial jurisdiction
of the Union, as set forth in Art. 1 of this Agreement.
19.3 Tn handling and setting of all types of glass, not less than the number of workers
provided for herein shall be used as a safety factor, as follows:
FROM
(UNITED
INCHES)
1/4” 3/8” 1/2” 3/4”
111 to 154
united
inches
2 workers 3 workers 3 workers 4 workers
155 TO 179 3 workers 4 workers 4 workers 5 workers
180 TO 214 4 workers 5 workers 6 workers 8 workers
215 TO 230 5 workers 6 workers 7 workers 9 workers
231 TO 250 5 workers 6 workers 8 workers 10 workers
251 TO 260 6 workers 8 workers 8 workers 11 workers
261 TO 272 7 workers 8 workers 10 workers 13 workers
273 TO 284 8 workers 9 workers 11 workers 14 workers
285 TO 296 8 workers 10 workers 12 workers 16 workers
297 TO 304 9 workers 11 workers 12 workers 16 workers
305 TO 310 10 workers 12 workers 14 workers 19 workers
FROM
(UNITED
INCHES
3/8-1/2” 3/4”
311 TO 330 16 workers 20 workers
331 TO 360 19 workers 22 workers
361 TO 390 21 workers 24 workers
391 TO 400 23 workers 24 workers
401 TO 420 24 workers 24 workers
19.4 On insulated, laminated and glass of irregular thickness and/or shape, manpower
will be decided by the weight of the glass, not to exceed 100 pounds per worker, if the glass is
being transported on site to a mechanical device for installation and is not manually lifted. The
employer must insure that the work is done is a safe manner.
19.5 It is further agreed that on glass larger and thicker than above mentioned or on jobs
| more difficult to | handle, additional workers should be used, in order to ensure safety of the |
| workers in setting or removing | such glass. |
19.6 Only door lites up to and including 120 united inches may be set by one (1) man.
19.7 All glass sizes, types and custom glass as per Article 19, Section 4, will have a 50%
reduction when any mechanical equipment is used in the entire setting of glass. No reduction
will be allowed when glass handling is being done manually.
ARTICLE XX.
APPRENTICES
20.1 All Employers who employ four (4) joumeypersons must also employ at least one (1)
apprentice. All Employers who employ eight (8) joumeypersons must also employ at least two (2)
apprentices. All Employers who employ twelve (12) joumeypersons must also employ at least three
(3) apprentices. All Employers who employ sixteen (16) joumeypersons must also employ at least four
(4) apprentices. All Employers who employ twenty (20) or more joumeypersons must also employ at
least five (5) apprentices. If the Employer employs twenty-one (21) or more joumeypersons, the
Employer has discretion to employ additional apprentices. No lay-offs will result from this provision.
However, if the Employer demonstrates a financial necessity, after consultation with the Union, the
Employer may split work time evenly among the bargaining unit, including apprentices.
20.2 All apprentices shall be subject to a ninety-day probation period.
20.3 At the end of a one year indenture the Employer may terminate the apprentice’s
employment and replace the apprentice with the next apprentice on the out of work list, provided
(a) the replacement is in a class other than the class of the terminated apprentice.
20.4 The Union has the right to put 3rd & 4th year apprentices to work without
indenturing them if there are no joumeyperson available and/or under certain conditions.
20.5 Except as provided in sub paragraph 4 and 5 above, no apprentice shall be laid off
unless and until the Employers shops staffing has been reduced to three glaziers. If the Employer
hires a fourth glazier within ninety days of layoff, the employee hired shall be the laid off
apprentice if available.
20.6 First Year Apprentices shall receive 40% of the Joumeyperson wages and Benefits.
Second Year Apprentices shall receive 55% of the Joumeyperson wages and benefits. Third Year
Apprentices shall receive 70% of the Joumeyperson wages and benefits. Fourth Year Apprentices
shall receive 80% of the Joumeyperson wages and benefits.
20.7 No Apprentice shall be permitted to work alone until he has completed two (2)
years of his apprenticeship.
20.8 The parties shall continue an Apprenticeship training program to insure an adequate
supply of skilled mechanics.
20.9 The Employer shall also during each week of the term of this Agreement contribute
to the Painting Industry Annuity Fund the sums set forth by the District Council No. 9 apprentice
agreement for all apprentice fringe benefits.
ARTICLE XXI.
WORK PERFORMED BY PERSON INTERESTED IN EMPLOYER’S BUSINESS
21.1 The Employer agrees that any owner, partner, officer, stockholder, or agent
involved either directly or indirectly in the ownership or management of the Employer’s shop or
business and working with the tools of the trade at the Employer’s shop or business or working
with tools of the trade or on any productive equipment or on work specified in this Agreement,
must be a member of the Union and for identification carry a Union Card and pay the appropriate
initiation fee and prevailing dues, and all applicable fringe benefit contributions shall be made for
such person for all work days in the month. Owner members will operate in accordance with the
provisions of the I.U.P.A.T. International Union Constitution and the Trust Agreements of the
various Funds of the Union, such as the Health and Welfare (which includes Vacation Account) ,
Annuity, LMCI, Political Action, Apprentice, Promotion, and Health Safety Funds, and make
contributions to those Funds for all hours worked at a minimum of One Hundred Forty (140) hours
per month.
21.2 If a signatory Employer is also a member of the Union, the Employer must
guarantee to place one joumeyperson referred by the Union and guarantee his wages and benefits
for 35 hours per week, 52 weeks per year, for himself and the worker for the Union.
ARTICLE XXII.
REPAIR, MAINTENANCE AND FABRICATION AGREEMENT
22.1 Scope: All repair and maintenance work on a particular building, whenever
performed, where the total cumulative contract value is under $184,000 May 1, 2023; under
$193,000 May 1, 2024 or under $202,000 May 1, 2025. If the cumulative contract value is over
the amounts stated above, the Article 3 rates shall apply.
22.2 Description of work: All repair and maintenance work described in the District
Council #9 Glaziers Agreement.
22.3 Registration: Any mirror work in excess of 2 (two) days, covered by this Repair,
Maintenance and Fabrication Agreement must be registered before starting the job.
22.4 Craft Jurisdiction for repair, maintenance and fabrication agreement:
| (a) | Plate glass replacement |
| (b) | Residential glass replacement |
| (c) | Residential mirrors and shower doors |
| (d) | Storm windows and storm doors |
| (e) | Residential replacement windows |
| (f) | Herculite door repairs |
| (g) (h) (i) |
Door closer repairs Retro fit apartment house (noncommercial buildings) Glass tinting including any window film regardless of material or intended |
| use | |
| (j) (k) |
Auto Glass Shop fabrications, glass or metal (all work to be done in employer’s primary |
| place of business to include fabrication of store fronts, curtain wall, pre-glazed windows and all other related fabrications) |
|
| (1) | Replacement and renovation mirror work (not new construction) where the |
cumulative contract value is under $20,000.00
22.5 The wages and benefits for all repair and maintenance work shall be increased
yearly as follows:
| Date May 1, 2023 |
Amount $1.83 |
Allocation $0.65 Wages $0.50 H&W $0.68 Pension $0.68 Pension The remainder to be allocated by the Union To be allocated by the Union |
| May 1, 2024 | $1.90 | |
| May 1,2025 | $0.98 |
| Nov. 1 2025 May 1, 2026 Nov. 1 2026 |
$0.98 $1.02 $1.01 |
To be allocated by the Union To be allocated by the Union To be allocated by the Union |
22.6 Hours of work shall be 7:00 A.M. to 7:00 P.M. Monday through Saturday. Eight
(8) hours shall constitute a full day’s work. Any hours in excess of (8) hours, in a twenty-four (24)
hour period shall be paid at time and one-half (1.5) wages and benefits. All work exceeding 40
hours in one week shall be paid at time and one-half (1.5) wages and benefits. All work
performed on Sundays, shall be paid at double-time (2x) wages and benefits.
22.7 Rack schedule as per the District Council #9 Glaziers Agreement.
22.8 Holidays:
(a) The following days are recognized as holidays under this Repair and
Maintenance Agreement: New Year’s Day, Presidents Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, day after Thanksgiving and Christmas Day.
| (b) | Each regular full time employee shall be paid for each of the above Holidays |
| eight (8) hours pay at this straight time hourly rate although no work is performed, provided that the employee works at least one (1) day during the week in which the holiday falls. |
|
| (c) | Any employee who works on any of the holidays listed above, will receive |
in addition to the compensation provided for in paragraph B, time and one-half (1.5) for all work
performed on the holiday.
| (d) | If a holiday falls on Sunday, it will be celebrated on the following Monday |
| and the provisions of this article concerning holiday pay will apply on Monday. | |
| (e) | If any of the holidays set forth in paragraph A, falls on Saturday, all regular |
| employees shall receive pay for such a holiday in accordance with paragraph B. | |
| (f) Labor Day. |
Under no circumstances will any employee be required to perform work on |
22.9 The Employer agrees to submit a separate remittance report, for payment of benefits
to the Painting Industry Insurance and Annuity Fund. All rates will be subject to an eight (8) hour
work day.
22.10 Payment of benefits and all other issues, including jurisdiction, shall be as outlined
in the District Council #9 Glaziers Agreement
22.11 No Employer will be signed to this District Council 9 Glazier Repair and
Maintenance Agreement for installation of Glass, unless the Employer is a signatory to the District
Council #9 Glaziers Agreement
22.12 Violation of this provision shall be considered a major and serious contract breach.
Violation shall subject the employer to appropriate compensatory and exemplary damages by the
Joint Trade Board, pursuant to Articles 24 of this Agreement, to make the Union, the employees
and the Benefit Funds whole and to deter any further violation by the employer. Any Union
member who knowingly encourages an employer to evade the intent of this Repair and
Maintenance Agreement, or who knowingly participates in its breach shall have charges filed
against him/her by the Union for appropriate discipline.
22.13 The employer shall report the hiring of all non-joumeypersons employed to perform
repair, maintenance andfabrication work to the Union prior to the commencement of employment.
As an additional condition of hiring a non-joumeyperson, the employer shall guarantee said worker
their first five hundred (500) hours of continuous employment.
22.14 All applicants for referral pursuant to Article 2 of this Agreement must have
obtained Joumeyperson status in the trade either through completion of the Apprentice Program
or demonstration of 4 years’ experience in the trade in order to utilize the Article 2 referral
procedures.
22.15 This Repair and Maintenance Agreement shall not be misused or used as a device
to evade the application of the Glaziers Agreement. It shall be a violation of this Agreement for an
employer to utilize employees who perform repair and maintenance work pursuant to this
Agreement to perform any new construction work and not pay the proper wage.
ARTICLE XXHL
JOB TARGETING
23.1 The stated purposes of Targeting are to increase the job security and employment
opportunities of Union members and to permit Employers to compete more effectively with
nonunion contracts by reducing labor costs. Targeting is established for the purpose of enhancing
the economic development of the unionized glazing and architectural metal working industry in
DC 9 Glaziers Local Union 1087’s territorial jurisdiction and improving labor-management
relations by means of targeting nonunion jobs intended to increase employment opportunities for
employees by improving the economic competitiveness of employers who desire to employ
employees.
23.2 Targeting will be relief from one or more articles in the Glaziers Agreement, when
a signatory contractor is competing against a nonunion contractor on a nonunion jobsite. The union
contractor will be required to fill out an application, supplied by the union, with all pertinent
information and bears the burden of proving he/she is bidding against a nonunion contractor. A
copy of all applications that are filled out by a requesting signatory will be forwarded to the
President of the Window and Plate Glass Dealers Association for examination.
23.3 Local 1087 maintains complete and total authority to award / not award targeting
relief.
23.4 Local 1087 agrees that in order to maintain control over targeting, no verbal
authorizations will be permitted. All applications will be sent to the Window and Plate Glass
Dealers Association for recording and examination.
ARTICLE XXIV.
JOINT TRADE BOARD
24.1 The composition of the Joint Trade Board shall be the Business Manager/Secretary
Treasurer of the Union or his/her designee and the President of the Association or his/her designee.
24.2
(a) The Joint Trade Board is empowered to hear and decide in arbitration as
hereinafter provided, all grievances and disputes which arise between the parties as to the
interpretation or application of this Agreement and to make such awards or assess remedies,
damages and penalties for violations of this Agreement. The Joint Trade Board shall have the
authority to issue awards with respect to all grievances and disputes in any manner which it deems
reasonable. The Joint Trade Board shall have all powers necessary to remedy complaints brought
before it including, but not limited to (i) wages and contributions owed; (ii) liquidated damages;
(iii) interest on monies due; (iv) attorneys’ and auditors’ fees; and (v) the cost and expenses of
arbitration; (vi) failure to allow audits; (vii) alter ego/single employer issues; (viii) subcontracting
issues; and (vi) any fines and/or penalties imposed.
(b) The Joint Trade Board upon hearing any grievance alleging an employer’s
failure to pay fringe benefit contributions shall not issue an award requiring payment of such
contributions or late charges. Rather, the Joint Trade Board shall deliver a written finding of
delinquency to the Funds for further enforcement. The judgment by the Joint Trade Board shall be
a recommendation and not binding on the Funds. The Joint Trade Board, upon issuance of a finding
of delinquency, may also issue an award requiring the payment of the fines set forth in Section 11,
Violation 9.
(c) The Joint Trade Board is also empowered to (i) issue interpretive rules or
other rules and regulations as it deems necessary to give full force and effect to its decisions; (ii)
conduct audits of employers’ records; (iii) upon request of both parties, recommend amendments
or changes to this Trade Agreement; and (iv) appoint such persons or committees as may be
necessary to aid in the performance of its duties.
(d) The Joint Trade Board may, but is not required to, include in their award
against a signatory Employer, and any signatory or non-signatory alter-ego thereof, any and all
delinquent fringe benefit contributions plus interest, liquidated damages, auditors’ fees, attorneys’
fees and cost owed by said Employer(s). The decisions, findings and awards of the Joint Trade
Board shall be final and binding upon the signatory Employer and the Union, but not upon the
Funds. The Joint Trade Board may enforce the decision, findings and awards or may refer thenaward for fringe benefit contributions to the Funds for enforcement and collection. Enforcement
of any award issued by the Joint Trade Board shall not be considered a waiver by the Funds (or an
election of remedies by the Funds) of the right to collect any fringe benefit contributions, interest,
liquidated damages or late charges, for any time period, owed by the signatory Employer to the
Funds and the Funds may pursue any and all collection efforts, including but not limited to, the
filing for a lawsuit in Court, in order to collect any fringe benefit contributions, interest, liquidated
damages or late charges owed by the signatory Employer, and any signatory or non-signatory alterego thereof, to the Funds. The Joint Trade Board shall have access to all appropriate benefit
information to the extent permitted by state, federal, and local law. Furthermore, the Joint Trade
Board members may be required to sign nondisclosure agreements in connection with access to
such benefit information. The Joint Trade Board, upon issuance of a finding of delinquency, may
also issue an award requiring the payment of the fines set forth in Article 24 Section 11, Violation
9 and to order the remedies set forth m Article LX.
24.3
| (a) | The Joint Trade Board may, when deemed necessary, promulgate |
| amendments and revisions to the | rules and set regulations set forth in this Article governing |
| its own conduct. The parties to this Trade Agreement agree to be bound by any such | |
| amendments and revisions. | |
| (b) (c) |
The Joint Trade Board shall meet at its discretion. The decisions, findings and award of the Joint Trade Board shall be final |
and binding upon the Employer and the Union, all members thereof, and all interested parties and
judgment may be entered upon the award in accordance with applicable law in any court having
jurisdiction thereof.
24.4
| (a) | Filing of the Demand to Arbitrate a Grievance or Dispute. |
| (i) | A demand to arbitrate a grievance or dispute shall be in writing and |
shall be filed by mail or hand-delivered to the Joint Trade Board by either the Union or the
Employer. Demands also shall be filed by the Union to the Employer and by the Employer to the
Union. The demand shall state the name of the aggrieved party, and the name of the party against
whom the grievance or dispute is asserted. The party filing the grievance or dispute shall thereafter
be called the complainant. The party against whom the grievance or dispute is asserted shall
thereafter be called the respondent.
(ii) Each demand shall set forth only one alleged grievance or dispute in
simple and concise form, and shall set forth the basis of the grievance or dispute, with appropriate
reference to the CBA provisions at issue, to the extent known. The demand shall also set forth the
date of the particular incident and, if known, the name(s) of the person and/or employer(s)
involved. The demand may also set forth the remedy sought.
(iii) Every demand to arbitrate shall specify the name of the party serving
the demand, or of an officer or agent thereof if such party is an association or corporation, and
shall state that unless the party served applies to stay the arbitration within twenty (20) days after
such service he/she shall thereafter be precluded from objecting that a valid agreement was not
made or has not been complied with, and from asserting in court the bar of a limitation of time.
| (b) the Date of Hearing. |
Service of the Demand to Arbitrate a Grievance or Dispute and Setting of |
(i) Simultaneously with the filing of the demand with the Joint Trade
Board, the complainant will serve a copy of the demand upon the respondent. Within fourteen (14)
days of the filing of the demand, the Joint Trade Board shall notify the complainant and respondent
of the date and time for the hearing of the grievance or dispute before the Joint Trade Board.
Service upon the respondent of the complainant’s demand to arbitrate, and service upon the
complainant and respondent by the Joint Trade Board of the notice of the date of the hearing of
the arbitration, shall be by certified mail and return receipt requested, or overnight express mail.
The mailing to an employer shall be made to the employer’s address on file with the Union.
(ii) The date set for the hearing by the Joint Trade Board shall not be
less than twenty (20) days, nor more forty-five (45) days, from the date the notice was mailed by
the Joint Trade Board.
24.5 The respondent may submit to the Joint Trade Board and to the complainant a
response to the Complainant’s demand to arbitrate, provided that the response is received by the
Joint Trade Board no less than three (3) days before the date of the hearing fixed in the notice.
24.6
(a) Representation of the Complainant and Respondent. The Union as a
complainant or respondent shall be represented at the hearing by an officer or representative of the
Union authorized by its Secretary-Treasurer to act in such capacity, or by the business
representative of the local union having jurisdiction over the geographical area where the incident
giving rise to the demand to arbitrate occurred. An employer as a complainant or respondent, if a
corporation, shall be represented at the hearing by an officer thereof, or, if a sole proprietorship,
partnership or unincorporated business association, by a principal thereof. If a complainant or
respondent is a member of an employer association recognized by the Union, it may also be
represented at the hearing by a duly authorized member of such association. A party has the right
to be represented at the hearing by legal counsel.
(b) Hearing procedures. The arbitration hearing shall be conducted by the Joint
Trade Board members. The grievance or dispute, proof of due service of same and any response
thereto by the respondent will be presented at the inception of the hearing. The complainant may
present witnesses and other evidence in support of the request, and the respondent may present
witnesses in its defense. The respondent and complainant will both have the right of crossexamination. The Joint Trade Board shall be the judge of the relevance and materiality of the
evidence offered, and conformity to the state or federal rules of evidence shall not be necessary.
The Joint Trade Board (and any subsequent arbitrators, i.e. the AAA, pursuant to this Article) shall
also consider any alleged violations of the National Labor Relations Act and apply any statutory
remedies, if any, with respect to any violation of the National Labor Relations Act.
(c) Nature of Hearings. Hearings shall be as informal as may be reasonable and
shall be conducted in the manner considered appropriate by the Joint Trade Board. The Joint Trade
Board shall have the authority to vary the procedures as it deems necessary in order to insure that
each party is afforded a full and fair opportunity to present any and all material and relevant
evidence.
%
(d) Corroborating Witness. Absent extraordinary circumstances, the Union
must produce a corroborating witness (i.e., an individual with firsthand knowledge of the violation)
to the Joint Trade Board in order to meet its burden of proof at a hearing. There shall be no
retaliation against any member who provides witness testimony to the Joint Trade Board.
(e) Minutes of Proceedings. Any party desiring a stenographic record shall
make arrangements directly with a stenographer and shall notify the other party and the Joint Trade
Board at least three (3) days in advance of the scheduled hearing date. The requesting party shall
pay the cost of the transcript and a copy of same must be made available at no cost to the Joint
Trade Board upon the conclusion of the hearing.
| (f) | Postponements. The Joint Trade Board may, for good cause shown, |
| postpone any hearing upon the request of a party or upon the Joint Trade Board’s own initiative, and shall also grant such postponement when all of the parties agree. |
|
| (g) | Hearings in the Absence of a Party. The hearing may proceed in the absence |
of a party or representative who, after due notice, fails to appear or fails to obtain a postponement.
A decision and award of the Joint Trade Board shall not be made solely on the default of a party.
The Joint Trade Board shall require the party who is present to submit such evidence as may be
required for the making of a decision.
(h) Interpretation and Application of Procedures, Rules and Regulations. The
Joint Trade Board shall interpret and apply the above procedures, rules and regulations insofar as
they relate to the power and duties of the Joint Trade Board. If an unresolvable difference arises
between the Union and Association representatives on the Joint Trade Board concerning the
meaning or application of these procedures, rules and regulations, it shall be resolved and decided
by arbitration pursuant to Section 12 of this Article.
24.7
(a) The Joint Trade Board will, no later than thirty (30) days after the close of
the hearing, adjust or dispose of the grievance or dispute by rendering an award which may include
the imposition of fines and/or penalties, and any statutory remedies available under the National
Labor Relations Act. The fines or penalties which may be imposed by the Joint Trade Board are
set forth in the schedule of standardized fines which are made a part of this Article as Section 11.
If a demand for arbitration seeks the recovery of wages and/or benefits, the calculation of those
wages and benefits shall be presented and determined at the hearing and the total amounts owed
shall be reflected in the award.
(b) In the event the Joint Trade Board fails to render an award within the time
provided in the preceding sub section (a) or a decision cannot be made due to deadlock of the Joint
Trade Board, the Joint Trade Board shall submit the grievance or dispute to arbitration pursuant to
Section 12 of this Article, and the arbitrator shall render an award, c. The awards of the Joint Trade
Board, including an award of fines or penalties, shall be final and binding upon the complainant
and respondent and all interested parties, and judgment may be entered upon the award in
accordance with applicable law in any court having jurisdiction thereof.
24.8
(a) All fines and penalties awarded by the Joint Trade Board, less the
reasonable administrative cost and expenses actually incurred, shall be used to (i) defray the costs
of District Council No. 9’s enforcement of Joint Trade Board awards, (ii) establish a reasonable
reserve fund for payment of expenses of the Joint Trade Board and (iii) donate to the William
Elfeld Memorial Scholarship Fund.
(b) When the Joint Trade Board finds that an employer is guilty of violating the
Trade Agreement, the Joint Trade Board may, at its discretion, authorize the Union to designate
up to fifty percent (50%) of the JOURNEYPERSONS in the employ of such employer for a period
not exceeding six (6) months.
24.9 No employer shall dismiss any JOURNEYPERSON for giving evidence at an
arbitration hearing. Such person giving evidence or testimony shall have the protection of the Joint
Trade Board.
24.10 The schedule of fines which shall be in effect for the duration of this Agreement,
or until such time as amended by the Joint Trade Board, will be not less than the following:
| (a) | Violation 1: No Registration |
| (i) (ii) |
1st Offense: $1000.00 2nd Offense: $1500.00 |
(iii) 3rd Offense: $3000.00 within 12 months, plus the Joint Trade
Committee has discretion to implement 50% of the Glaziers on the job from the Union.
*The Parties agree that the Joint Trade Board has the discretion to hold in
abeyance a first offense violation under this section. However, should the
same Employer commit a second offense of the same violation, the penalty
for any violation held in abeyance will be due in addition to the penalty for
the second offense.
| (b) | Violation 2; No registration and non-union glaziers on the job | |
| (i) | 1st Offense: $3000.00 – no registration; $4000.00 – each non-union | glazier. |
| (ii) | 2nd Offense: $4000.00 – no registration, plus; $10000.00 for each non¬ | |
| union glazier, plus the Joint Trade Committee has discretion to implement 50% of the glaziers on the | ||
| job from the Union. | ||
| (c) | Violation 3: No overtime permit. | |
| (i) (ii) |
1st Offense: $1000.00 2nd Offense: $2000.00 |
I
(iii) 3rd Offense: $3000.00 within 12 months, plus the Joint Trade
Committee has discretion to implement 50% of the glaziers on the job from the Union
*The Parties agree that the Joint Trade Board has the discretion to hold in
abeyance a first offense violation under this section. However, should the
same Employer commit a second offense of the same violation, the penalty
for any violation held in abeyance will be due in addition to the penalty for
the second offense.
(d) Violation 4: No overtime permit with non-union glazier on the job.
glazier
(i) 1st Offense: $6000.00 – no permit; $3000.00 – each non-union
glazier
(ii) 2nd Offense: $10000.00 – no permit; $4000.00 – each non-union
| (iii) | 3rd Offense: $12000.00 within 12 months, plus $6000.00 for each |
| nonunion glazier plus the Joint Trade Committee has discretion to implement 50% of the glaziers | |
| on the job from the Union. | |
| (e) | Violation 5: Discrimination against Job or Shop Steward or retaliation |
| against “whistleblowers” | |
| (i) | 1st Offense: Wages and fringe benefits $2000.00 liquidated |
| damages (f) |
|
| Violation 6: Non-Union glazier | |
| (i) | 1st Offense: $4000.00 for each non-union glazier plus $2000.00 |
| liquidated damages | |
| (ii) | 2nd Offense: $10000.00 for each non-union glazier plus $3000.00 |
| liquidated damages plus the Joint Trade Committee has discretion to implement 50% of the glaziers on the job from the Union. |
|
| (g) | Violation 7: Subcontracting to non-union employer |
| (i) | 1st Offense: Penalty contingent upon size and scope of project plus |
| $6000.00 liquidated damages. | |
| (h) Reports |
Violation 8: Failure to submit Shop Steward Reports or Remittance |
| (i) | 1st Offense: $1000.00 each missing report. |
| (i) | Violation 9: Failure to pay wages and/or fringe benefits or payment in cash |
for wages and/or fringe benefits
| (i) | 1st Offense: Any wages and fringe benefits owed plus liquidated |
| damages in an amount equal to the impaid (or cash-paid) fringe benefits only, but no less than | |
| $4,000.00. (j) |
|
| Violation 10: Use of market recovery or other special rate joumeyperson(s) | |
| on non-market recovery job(s) or other corresponding operation(s). | |
| (i) | 1SI Offense: Three times the penalty of Violation 6 above and the |
Joint Trade Committee has the right to suspend or terminate the use of market recovery for a period
of time to be determined by the Joint Trade Committee.
24.11 If the Joint Trade Board deadlocks or otherwise fails to render an award deciding
any grievance or dispute within fourteen (14) days of the completion of the Hearing, either party
may, within thirty (30) days of the expiration of said fourteen (14) day period, refer the grievance
or dispute to arbitration by filing a written request with the Joint Trade Board, with a copy served
upon the opposing party. Uponreceipt of such request, the Joint Trade Board shall promptly submit
such grievance or dispute to arbitration pursuant to the Labor Arbitration Rules of the American
Arbitration Association (“AAA”). The decision of the AAA arbitrator shall be final and binding.
ARTICLE XXV.
SAVINGS CLAUSE
25.1 In the event there is a change in the state or federal laws which affect any of the
terms of this Trade Agreement, the terms of this Agreement shall be automatically modified or
stricken in accordance with the change of the state or federal law as of the effective date of said
change. The modification or changes in the state or federal law shall not affect the validity of the
balance of this Agreement which is not in conflict with said change. Further, any provision of this
Agreement which provides for union security or employment in a manner and to an extent
prohibited by any law or the determination of any governmental board or agency, shall be and
hereby is of no force or effect during the term of any such prohibition. It is understood and agreed,
however, that if any of the provisions which are hereby declared to be of no force, or any
restrictions imposed by law are determined either by Act of Congress or other legislative
enactment or by a decision of the court of highest recourse to be legal or permissible, then such
provision shall immediately become and remain effective during the remainder of the term of this
Agreement. In the event that there shall be changes in applicable laws concerning the expansion
or enlargement of union security, they shall automatically be incorporated into the terms and
conditions of this Agreement and become effective during the remainder of its term. In the event
that any provision of this Agreement shall be declared to be in violation of law, the remaining
provisions of this Agreement shall continue in full force and effect.
25.2 The use of any terms in this Agreement that may connote a masculine gender is
intended to include all persons, whether male or female, and such usage is not intended to indicate
any bias or discrimination in connection with membership in the Union or employment by any
Association Employer.
ARTICLE XXVI.
TERM OF AGREEMENT
This Agreement and all terms and conditions herein, shall be binding upon the parties hereto for a
period commencing May 1, 2023 and ending April 30th 2027. Either party wishing to terminate
or modify this Agreement must notify the other in writing by Certified Mail, no later than sixty
(60) days prior to the expiration date. If neither party gives the other such Notice, this Agreement
shall automatically renew for successive periods of one (1) year until such Notice is given. The
renewal hereof pursuant to this provision shall be at the wage and benefit rates then in effect
between the Union and the Window and Plate Glass Dealers Association of New York.
In witness whereof, the parties hereto have caused this Trade Agreement to be signed by their
respective officers the day and year first above mentioned.
The Window and Plate Glass Dealers Association / / , /7
BY: /s/
Preside;
District Council No. 9 GLAZIERS LOCAL UNION #1087 ofme International Union opRainters
and Allied Trades ‘ I / / 7
BY: /s/
Business Manager/Secretary)Treasurer