6-24-2013 James Murphy Letter to Judge Berman (GCA CBA enclosed) Doc. 1340

7/28/2019 6-24-2013 James Murphy Letter to Judge Berman (GCA CBA enclosed) Doc. 1340

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Case 1:90-cv-05722-RMB-THK Document 1340 Filed 06/25/13 Page 1 of 53

S P N A K t ~ I J > ' J ' ( ) N LLPATTORNEYS AT LAW

BY HANDHan. Richard M. BermanUnited States District JudgeDaniel Patrick MoynihanUnited States Courthouse500 Pearl StreetNew York, NY 10007-1312

CORRECTED

Re: United States v. District Council, eta/., 90 Civ. 5722 (RMB)Collective Bargaining Agreement between the District Counciland the General Contractors Association of New York. Inc.

Dear Judge Berman:As you know, this firm represents the New York City and Vicinity District: Council ofCarpenters.I have enclosed a copy of the new and fully executed collective bargainingagreement ("CBA") between the District Council and the General Contractors Association

of New York, Inc. (the "GCA") covering work performed by carpenters in heavyconstruction. The CBA was executed by the parties today. Under Your Honor'ls April11,2013 Order (Doc. 1303) on best practices, the District Council's Delegate Body will reviewand vote on whether to ratify the GCA CBA at its next regularly scheduled meeting onJune 26, 2013.iThe agreement provides for the same full mobility and anti-corruption complianceprovisions as in the agreements between the District Council and the A s s o c i a t i ~ n of Wall-. , . "WC&C") and the Buildingontractors Association ("BCA") that were the subje t of Your Honor's May 8, 4013ec1s1on & Order (Doc. 1315) aheJ :Jane I I, :20 13 0 er (Doc. 1332), r e s p e c t i v ~ l y . If the

e l o ~ e t e e Feti'P,' tl>le a s r e w A : U ~ R t 'trith the GCA, l.will rite to the Court the next njlorning tor uest that Your Honor issue an Order providing fo the same provisions undsr the May, 2013 Decision & t e une

SO ORDERED: ~ d JDate: flfJ-5113 ~ ~ .nclosure


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SPIVAKLIPrT'ONLLPATTORNEYS AT LAW

Hon. Richard M. BermanUnited States District JudgeRe: United States v. District Council, eta/., 90 Civ. 5722 (RMB)June 24, 2013Page2

cc: BY E-MAILDennis M. Walsh, Esq.Review OfficerThe Law Office of Dennis M. Walsh415 Madison Avenue, 11th FloorNew York, NY 10017Bridget M. Rohde, Esq.Counsel to the Review OfficerMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.666 Third AvenueNew York, NY 10017Benjamin H. Torrance, Esq.Tara LaMorte, Esq.Assistant United States AttorneysCivil DivisionOffice of the United States Attorneyfor the Southern District of New York86 Chambers StreetNew York, NY 10007Mark A. Rosen, Esq.Counsel for the General Contractors Association of New York, Inc.McElroy, Deutsch, Mulvaney & Carpenter, LLP1300 Mount Kemble AvenueMorristown, NJ 07962-2075

Denise M. RichardsonManaging DirectorGeneral Contractors Association of New York, Inc.60 East 42nd Street - Suite 3510New York, NY 10165-3598


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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS 2011

AGREEMENT

BETWEEN MEMBERS OF

THE GENERAL CONTRACTORS ASSOCIATION

OF NEW YORK;, INC.

AND

THE DISTRICT COUNCILOF CARPENTERS

OF NEW YORK CITY AND VICINITY .,

roLY 1, 2011-MAY 31,2017


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CARPENTERS

INDEX PAGE

Apprentice Manning 26Arbitration- Benefits 39Area Jurisdiction 4A ~ t i n g 36Binding Subcontractors and Other Firms 29Completeness ofAgreement 4Coverage ofAdditional Employees of he Welfare and Pension Funds 33Declaration ofPrinciples 2Disputes 10Drug and Alcohol Testing 27Funds- Contributions -Collection 31Hardship And Advisory Committee 10HCIF 41Heavy Construction Work- Employees Covered 16Holidays 23Hours-Wages-Conditions 18Intoxicating Beverages 26Iob Injury- Medical Attention 26Jurisdictional Disputes 14


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II

ILegality 43 IILiability for Subcontractors 33 IILiquidated Damages 34 I

I

List ofEmployers who are delinquent in Payment Iof Wages and/or Contributions to the Funds 30 IIList ofSignatories to the Collective IBargaining A greement 30 I

I

Make-Up Day 27 IINew York State 41 I

No Work Stoppage 15New York City and Vic UM Fund 37OffShift 21Other Union Agreements 16Overtime-Flexible Lunch - Shop Steward Hours 22Payment ofWages 21Procedures ofGrievance-Arbitration 12PurposesRelief and Charity Fund 37Scope 14Sharpening ofTools 26Shifts 20Spirlt ofAgreement 29Status Quo 14


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Storage ofTools and ClothingSupplemental FundSurety BondTerms of AgreementTerminationofEmploymentDuring a Work StoppageTimekeeping DevicesUBc& JA FundsUnion Referral -Working Shop StewardUnion SecurityUnion VisitationVarying Shift CommencementWelder-BurnerWelfare Fund-New York State DisabilityWork Classifications-WagesTotal FringesWork Stoppage for Default in Fringe Benefit FundContributions

253640101993266620263324

34


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Case 1:90-cv-05722-RMB-THK Document 1340 Filed 06/25/13 Page 9 of 53GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- 2011 .

(c) that there shall be no restriction on the use of any raw or manufactured maLs ,

(d)

(e)

except prison made; [that no person shall bave the right to interfere with Employees or workmen J.urmaIthe working hours; Ithat Employees are at liberty to work for whomsoever they see fit, and theyentitled to and shall receive the wages and fringe benefits agreed upon ashereinafter set forth in this Agreement;

(f) the Employers are at liberty to employ and discharge whomsoever they see ,t,providing that no person shall be discharged without good cause;

(g) that the Employer, to address the Owner's job site access and security o ~ ,may require employees to sign in and out from the job site ifconditions warrft.and further, that, if required in 1he contract between the Employer and the ~ e r ,

(h)

imay use standard biometric identity cards. Identity cards and signing in/out rhallnot be used for timekeeping purposes. .

Ithat the GCA, the Employer and the Union agree that they bave not, and will[. notdiscriminate because of race. creed, color, national origin, age, sex, d i s a b i l i ~ tmarital status. sexual orientation, citizenship status or union membership agrany individual. For the purposes of his Article, "citizenship status" means the citizenship o ~ a n yperson or the immigration status of any person lawfully residing in the U n i ~States who is not a citizen or national of he United States.

(i) that the Union in no way shall limit the Employer's construction means andmethods.

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- lOllSection 3 Completeness ofApeem!Jlt

It is understood that the Purposes and Declaration ofPrinciples, herein set forth, apart of this Agreement and said Purposes and Principles govern all parties hereto in theperformance thereofand shall be complied with as conditions of this Agreement. The a r t i ~hereto enter into this Agreement and agree to carry out, conform and to comply with its t e ! 'and provisions as provided and set forth herein by reason of he mutual advantages ofso do gand in order to effectuate and provide for the carrying out and putting into effect, during th . termhereof. the Purposes and Principles of his Agreement.

The GCA acknowledges that ifany of ts members perform any work covered by ofthe trades affiliated with the New York City District Council, they will recognize the juriof he District Council for that work.

AftTICLEllAra Jurlsdietlop

The OCA and any employer that may hereafter become a signatory to this CollectivLBargaining Agreement hereby acknowledge that the Union has claimed and demonstrated, .the GCA is satisfied and acknowledges. tbat the Union represents a majority of the GCAmembers Carpenters or said signatory Employer's Carpenters in an appropriate bargaining unit

Ifor the purposes ofcollective bargaining. The GCA and its members. as well as said signatfryEmployer, accordingly recognize the Union as the exclusive bargaining agent under Sectiorl 9(a)

i

of the National Labor Relations Act for all employees within the Carpenters contractualbargaining unit with respect to wages, hours and working conditions. The GCA and anyEmployer that may hereafter become a signatory to this Collective Bargaining Agreement ybecoming a member of he GCA further agree that any dispute concerning its obligation to


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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 2011ABIICLEID

U.niop Securitv - Visitatiop- Referral- Woddpg Shop StewardSection 1 .. Ugicp.n Sesurity

All Employees who are members of he Union at the time of the signing of thisAgreement shall continue membership in the Union. Al l other Employees covered by thisAgreement must become members ofthe Union on or after the seven (7) days following thebeginning of employment or the date of this Agreement, whichever is later, and must main ntheir membership in good standing in the Union as a condition ofcontinued employment. I theprovisions for union security clauses are modified by Congress during the tenn of hisAgreement, this clause alone will be open for negotiation.Seetion 2 - Unlo.n Viaigtion

No person representing the Union, except its Representatives, Executive Officers,Assistant to the President, or Job Stewards on the job site, shall have the right to interview iiworkman during business hoUl'S. .

iWhen visiting job sites. DCC union representatives shall comply with all gl a1conditions of he job regarding passes. entrances to be used, safety equipment, dress, and o .ersite access requirements they Owner requires of he job site workforce. The DistrictCouniagrees to indemnify, defend and hold harmless the GCA. the Employer and the Owner ftomjany

iclaims, except for grievances and grievance arbitrations, allegedly arising in whole or in.,:from the OCC union representatives visitation of ob sites. interviews and other n i o n - r e ~ dactivities.Seetion 3 Upjo.n Referral- Working Shop Steward

The first Carpenter on the job site shall be the Foreman. who shall be selected y ~Employer. The second Carpenter shall be the shop steward who shall be referred by the Di 'ct

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 2011Council and who shall perform all tbe working dutiesofa Carpenter. Shop stewards shall +vethe requisite skills, training and certifications required to perform the work on the job.

The Union is responsible for ensuring that all District Council members. includingstewards, are properly trained in the field of heavy construction and possess any certificatioand the skills required by public agencies or by law (i.e. OSHA 10, MfA track access train' ,NYC DOB Scaffold Training, FDNY Powder Actuated Tool Certificates, etc.) or that arenecessary to perfonn the work required on a project.

When a job works multiple shifts, the Union may designate a steward for the second frthird shifts from the crew working on that shift. The steward on the second and/or third shiftsmay be laid off when the shift ends. I

There will be no overlappingof stewards on shifts. On shift jobs, i f a steward needs towork overtime with his/her crew, the steward will work the overtime as part of he crew n d ~steward's responsibilities will be fulfilled by the steward assigned to that shift. I

When there is only one Carpenter on the job and he is required to perform punchlist !

work, no steward will be required. During the performance ofpunchlist work the stewardmrhave the skiJI set to perform the required work in order to remain on the job.

When an employer is performing work with a composite crew ofDCC members the,shall be one steward. selected by the DCC. A composite crew shall be defined as up to six (6)members of various DCC trades that are sharing in the performance ofa task. I

So as to notbreak up working crews and disrupt the flow ofwork, the DCC agreesJ t itwill not move a steward that is working on a job for one Employer to another Employer's jo . toserve as a steward without obtaining the fU'St Employer's consent. 1

Prior to the Employer terminating the steward, a letter must be sent to the Union by tbeI

Employer. Wbala signatory Employer lays offa job steward during ooutinuous m p l o ~ ,-7-


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GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- lOUtheEmployer must notifY the Union and have a meeting on the job with the Union withintwenty-four (24) hours. .

Any steward training provided by the District Council must take place on the e m p l o ~ e e ' sown time and shall not be compensated by the Employer.Sedion 4 - Full Mobility I Cogplianee

Notwithstanding any other provisions of his Agreement, the Employer shall be t t e dto hire any and all Carpenters, except for the Shop Steward, without reference to hiring ratiqs(i.e., the Employer will be able to hire Carpenters. except as specifically limited, under so-redfull mobility). However, any of the Employer's Carpenters that are not members of the DistrictCouncil shall be matched 1:1 from the District Council lob Referral l ist I

When an Employer calls the District Council for hires from the Job Referral List, theDCC will refer staff skilled in the specific work being performed by the Employer. I

Employers shall be able to move their Carpenter work force from job to job as n ~ orto lay off their carpenters as needed. There shall be no restrictions on the Employer's a b i l i ~ tomanage its work force as needed as long as the Employer complies with the following and Isection 3 of this Article III:

(a) Each Employer shall provide the District Council and its affiliated Iemployee benefit funds with the name and location of each specificThe District Council shall assign a unique nwnber to each specific

iShop Stewards or other designated Carpenters shall report to theDi!' tCouncil on a daily basis the names of the Carpenters and the hours w. rkedifor each Employer for each specific job. The names of Carpentersmfhours entered with the District Council shall be electronically transmfttedon a daily basis to the Employer at e-mail addresses and to personne,

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 2011

(b)

designated by the Employer on forms supplied by the DistrictCoun11.The Employer shall have five (5} working days, excluding weekendS andholidays, from the close of its weekly payroll to dispute names and ~ W ' Sreported that week by the District Council. The cost ofany timekeeJing

idevices and related system and any training will be entirely borne byltheDistrict Council.Any disputes hereunder shall he processed under the grievance and \

I

arbitration procedures of Article V of this Agreement. The arbitrator\ shallbe empowered as a remedy to reinstate the 50:50 hiring ratio provisilnsfor the durationof his Agreement for any Employer found to have actedwiUfully and with the bad intent to violate the staffmg and payroll Irequirements of his Agreement. Such a e ~ y would mean that the\

iindividual Employer would be required to hire at least fifty percent (,0%)ofCarpenters from the District Council's Job Refeml List (called an Outof Work List or OWL} without the ability to make requests. I

I

(c) Notwithstanding the previous sentence of his Article. if at any time u r i n gthe tenn of his Agreement the United States District Court for theSouthern District ofNew York voids these provisions of (i.e the so-calledfull mobility hiring provisions), this Agreement shall become a nulliJ and

I

the Parties shall return to the tenns and conditions under their ooUectfebargaining agreement that expired on June 30. 2011.

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Case 1:90-cv-05722-RMB-THK Document 1340 Filed 06/25/13 Page 16 of 53..

GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- lOUARTICLE IV I

ITenns of Agreement IThe term ofthis Agreement shall be six (6) years, from July 1, 2011 up throughand including May 31, 2017. The journeymen's total wage and benefit package increase s h ~ l beas follows:

July 1, 2011-June 30,2012 Oo/oJuly 1, 2012- June 30, 2013 Oo/oJuly I, 2013 -June 30,2014 3% July 1, 2014- June 30, 2015 3%July 1, 2015- June 30,2016 3%July 1, 2016-June 30,2017 3.5%The total increase over the tenn of he agreement shall be 12.5%. The wage i n c r e a s ~ is

not compounded and is based on the wage rate in effect as ofJune 30, 2011 IIt s mutually agreed that changes to wages, fringe benefits and any other conditions:provided for in this Agreement shall not be retroactive to July 1, 2011. I

i

The wage and benefit increase scheduled for July 1, 2013 shall be effective upon Iimplementation and approval by the Court of he changes to this Agreement.

AftTICLEV

S#jion 1 - Hanl!hiP & Adyilorv Committee

Ii

III

The new committee will have authority to address, in a timely fashion, any unduehardships the collective bargaining agreement may impose on the Union. a Contractor or th

1

Association on an issue-by-issue basis. \-10-


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GENERAL CONTRACTORSASSOCIATION-CARPENTERS- 2011 IThecommittee may modify terms and conditions to allow the association o n t r a c t o ~ to

better manage its particular project or to compete against unfair contractors on a site-by-siJbasis.

All issues the Hardship and Advisory Comm ittee reviews will be in writing and its 1actions will be decided by a simple majority. All concerns brought before the committee Jn bereviewed periodically. Repetitious issues can be recommended for inclusion in asubsequ,collective bargaining agreement. .

The committee will meet) upon written request by the Association or the Union, wiJini

three workdays. Such request, by fax or letter, shall state the projec4 location, local union.contractor, subcontractor and brief summary of he question to be discussed.Seetloal No Lo!;kout Strike -WorkStoPPage

It is hereby agreed that no question or dispute or breach of his Agreement, which a4Y beIcaused by any of the parties hereto, shall be the occasion for or cause ofany lockout, strike

work stoppage. The Employer expressly agrees that it will not lock out itsEmployees coveJ,dby this Agreement. The Union expressly agrees not to strike or in any other manner stop or I

Ihinder work covered by this Agreement. It is agreed that under no circumstances shall therelbestrikes. lockouts, or work stoppages. both parties agreeing to settle any question or dispute thatmay arise from any of he parties hereto by submitting same for determination as herein Iprovided, with the express agreement that the parties hereto will honor, obey, be bound by ,dcarry out such decision or determination upon any question or dispute which may be submitted.

The Union will not call or sanction any strike or concerted stoppage during the tenn lr!this Agreement except for:(1) the Employer's refusal to submit a matter to arbitration., pursuant to the arbitration

clause of his Agreement, I-11-


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Case 1:90-cv-05722-RMB-THK Document 1340 Filed 06/25/13 Page 18 of 53r

GENERAL CONTRACfORS ASSOCIATION-CARPENTERS- :ZOU(2} the Employer's fililure to comply with any decision ofany Board of l b ~ t i o oIestablished hereunder within twenty (20) working days after such d e c i s i o ~ unless

appealed to a court of competent jmisdiction which grants a stay, and,(3) any other reason explicitly provided for in this Agreement

Section 3 - Progdures ofGrleyyee - ArbitrationFor the purpose of settling disputes between the parties hereto as to any c1aims or

violation of this Agreement, or of any dispute or breach that may arise in connection tbereMth,Ior for construing the tenns and provisions thereof, the following procedure is established: i(a) Either party may advise the other ofan alleged grievance, and the party alleging the

grievance may call for a meeting to be held not less than 24 hours after receipt of he r i e v ~ c eInotice, at a place designated by the party calling the grievance. Grievances must be filedwriting, with e-mail constituting an acceptable writing, and must be received by the GCA, ~Employer and the Union within forty-five (4S) days ofof he Union or the GCA becoming rwareof the alleged occurrence. All grievance fonns shall contain, at rninimwn, a written e s c . r i ~ o n

I

of the incident, the DCC trade involved, the date, time and location of he incident, and m ~ tshow the contact infonnation and be signed by the Union Representative, or the GCA if the\Employer is bringing the grievance. No grievance may be filed for incidents that allegedlyplace more than one year from the date of the alleged occurrence. II(b) The Board deciding the grievance shall consist of wo (2) representatives ofparty. No member of the Board may be a member of he Local Union or Employer involve4 in

I

the grievance. Both parties to the grievance shall be given full opportunity to be beard and \Ipresent witnesses. The grievance sball be resolved by majority decision. At each grievanibearing, if an impasse is reached, one of he arbitrators listed below will be chosen by r a n d ~selection to hear the grievance should it reach the arbitration stage. If he grievance is not II

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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- 1011(d) This Article is not, in any manner, meant to prohibit or restrict the Union's righlto

strike or withhold services upon the expiration of his Agreement or any extension hereof ounder the terms and conditions set forth in Article XI, Section S hereof.Section 4 - StatysOu

Until a decision shall have been rendered., neither party shall take any action of anycharacter as to the complaint, statement or matter in question.

ARTICLE VIJurisdietlonal Disputes

Section 1 - SeopeiThe Employers bound by this Agreement recognize the jurisdictional claims of he UnitedJ.

BrotherhoodofCarpenters and Joiners ofAmerica. The Employers and the Union agree .jurisdictional disputes on heavy construction projects shall be addressed in the following+er:a) The first action to resolve a dispute will be a work site discussion among the n v o l v ~

b)

iparties; the work site discussion should take place within 48 hours of the onset ofthidispute. I f he work site discussion results in a resolution of he issue, there shall beftrrther action taken by the involved parties. .Ifwork site discussions do not result in a satisfactory resolution of the issue, any o f ~ einvolved parties (the Employer, the District Council or the Union claiming the DistrktCouncil's work may a request a meeting with the GCA to resolve the dispute. All ~ r kshaJI continue, and the assignment shall remain in place through the duration of the 1dispute and i f necessary, arbitration process.The request for the meeting must be filed in writing and must set forth the type ofwbrkbeing performed, the location and the nature of claim. The request must be sent to e


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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- lOllEmployer, the involved unions and the OCA. Noticesof disputes must be filed w i ~ nseven (7) calendar days of the incident leading to the dispute. Immediately upon J i p tof he dispute the OCA will schedule a meeting with the parties. I

c) At the meeting, the parties to the dispute shalt be given full opportunity to present

d)

witnesses and/or documents supporting their position. The OCA will conduct themediation to bring the dispute to resolution. The resolution of he dispute shall bedocumented and signed by a1J participants (i.e, the Union, the Employer and the O C ~ ) .

IThe decision shaD become a precedent for the assignment of uture work. No decisifnshall involve the awarding of back pay.I f he mediation does not result in a satisfactory resolution or i f he agreed upon decifonis not implemented within 72 hours after the parties have been notified of he media,ondecision, any party involved in the dispute may request that the dispute be brought to.Iarbitration. IThe arbitration process will work in the following manner: I

IThe arbitrator shall be selected from a list of five that will be selected by the OCA aoldIthe GCA's signatory unions. The arbitrator chosen to hear a particular dispute shallselected randomly from the list. The hearing shall be conducted in accordance with eprocedures established by each arbitrator. The arbitrator's decision shall be final and\binding upon the parties. The costs of arbitration, including the arbitrator's fee, shall\be

Iborne equally by the G.C.A. and the party bringing the dispute to arbitration.Seetjon l- No Work Stoopye

It is agreed that where a jurisdictional dispute arises, there shall be no stoppage ofw tkby trades affiliated with the AFL-CIO, and the trade in possession of the work shall proceed withI

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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- lOllthe job and the question in dispute shall be submitted by the trades to the Panel, as provid1 inSection 1 (b), for settlement of urisdictional disputes for decision.

ARTICLEVII

Other Union AgreementsIt is agreed that the Union and the Employer will carry out this Agreement in all dJ l s ,

regardless ofwhatever conditions and wages exist for members of any other Local Union,whether or not employed in Heavy Construction Work.

ARTICLEYWHeayy CoostretionWork- Employees Covered

Section 1 Heayy COJl!tr!edon Work

Heavy Construction Work, where referred to in this Agreement, is hereby defined as: i n c l ~ n gbut not limited to, new c:onstno:tion, i.e building and fuundolion construction below or aboistreet level, or the inspection, rehabilitation or expansionofan existing structure or facility

I

involving any aspect of subsurface construction or excavation, all deeonstmction or demoli1onwork; all construction from excavation through final completion of: engineered structures, .parking garages, mass transit faei1ities including but not limited to bus depots, ventilation p l ~ t s ,maintenance shops, transit yams, stations, tunnels, railway lines and work along railway ri1ts ofway. highways, roads. streets, bridges, parks, piers, wharves and bulkheads, marine transfer istations, airport nmways, access roads, airline terminals, water and wastewater conveyancesl

iincluding but not limited to tunnels, and associated facilities including gatehouses, pump h o r valve chambers, and water and wastewater treatment plants. power plants. power generating

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- lOllstations, electrical substations, and pipelines; all excavation and sitework, including but notlimited to all i n s t a l l a t i o ~ relocation or removal ofutilities. all drainage, landscaping. eurbsetnngand paving; removal of contaminated materials as it pertains to heavy construction p r o j e c t s ~ andany construction commonly associated with "public works," "infrastructure" or ..heavy civiltconstruction, exclusive of he erection of building superstructures since this latter work is agteedto be a separate and distinct branch of he Construction Industry.Seetion l - ;&mmoms Cover!!l

This Agreement is applicable to qualified Journeyman Carpenter, Journeyman CarpehterForeman, and Carpenter Apprentice, 1st. 2nd, 3rd and 4th year who are employed under theclassifications as set forth in Article IX, Section 6 of he Agreement.

Without limiting the work traditionally done by the employees under this A g r e e m e n ~ thefollowing shall be work specifically within the scope of he carpenter's jurisdiction:

All form fabrication including shoring and bracing and erection for footings, walls.colUDll1S, pilasters, soffits, spandrels, and perimeter forms for slab on ground; all constructiopjoints, bulkheads, water stops, and expansion joint material; the setting ofall inserts, s l e e v e s ~ the

Isetting of all boxes and penetration in all slabs, walls or columns; the millwork in connectio*with fabrication of aU concrete forms, whether made ofwood or steel or any other composiJon.The making and setting of all trusses, the fabrication and building ofall wood bridges, the Imaking of all templates, batter boards, and stakes; the rigging, setting and signaling ofall s+gfonns and stripping of same; all sidewalk vaults.

base.All work on inlalld fuuodations from and below 1hetop elovation level of he co l1

The laying out ofall work installed by Carpenters; the use of any tool or instrumentf door perform any function related to the jurisdiction of he Brotherhood.

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Case 1:90-cv-05722-RMB-THK Document 1340 Filed 06/25/13 Page 24 of 53GENERAL CONTRACI'ORS ASSOCIATION-CARPENTERS- 2011

The millwork for any and all form work; the setting ofall construction joints, whate{rermaterials used, in all concrete pours. I

On road work and on elevated railwork, the making and setting of raffic barriers anfprotection barriers, excluding the setting ofJersey Barriers; the setting ofall footing forms, jc'W'bing forms other than in streets and wall forms, in fact, all forms that are to contain con4ete;all anchor bo1ts and expansion joints, in fact, all embedded items set in the concrete; the .fabrication and installationofall containment, when material is being used that is nonnallyby carpenters; the fabrication and installation ofall reflectors and signs, whatever a t e r i a l ~used; all temporary walks and all protection work.

The installation of any and all form lining material, such as Knob-loc.AU work pertaining to the erection of all fences; the erection ofall shanties, offices, tr

any other temporary buildings; the fabrication ofall benches, horses, platforms for use by tJCarpenters and any otber trades.

All the above in accordance with existing jurisdictional precedents in the area. W h e ~ ejurisdiction overlaps among the carpenters, t i m b e r m ~ n and dockbuilder agreements. the Iassignment of he work shall be jointly agreed upon by the Employer and the Union, withconsideration given to the Employer's dominant trade.

ARTICLE IX:B!!!U"S- Wam- Coodttioas

iSeetlon 1 - Honn ofWork (a} Eight (8} hours shall constitute a day's work. Forty (40) hours shall cons t i j a

week's work. Any failure to work these hours gives the Employer the right4ayonly for hours actually worked and the Employer may deduct from the

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 2011 Employee's wages a n d ~ the value of he time period notworked lessleight (8) hoW"S. A Calpenler C8111101 work more than eight hours In a twenty-fuur (24) hourunless it is detennined as overtime.

(b) At the conun- ofemployment a Carpenter Foreman, Apprentice 1st t-.and Apprentice 2nd year, will be paid for days actually worked in the payrolliweek. At the termination ofemployment, said Employees will be paid fur,.actually worlced in the payroll week. During the course of continuousemployment on a project said Employees shall be paid on a weekly basis, exrptfor project shutdowns, and shall not receive holiday pay as an addition to the

(c)

weekly pay u n l ~ worked. All other Employees covered by this Agreementilbe employed on a daily or hourly basis. .In the event that apublic official, including the President of he United States1 theOovomor of he S111te ofNew York or the Mayor of he City ofNow York o r ~other elected official ofany other jurisdiction in which District Council members

Imay be employed by a GCA member or its subcontractors. declare a state of \

emergency, or a project is shut down by a public owner or other government iagency, the Employer shall have sole discretion as toUlliDDing the job as the IEmployer sees fit, respecting the jurisdiction of he trades, and DCC m e m b e r ~shall have no claim for pay unless the Employer has called them in and they 'avereported for, and performed, emergency work. The Employer shall use its

iefforts to contact its DCC workforce to advise them of the declared shutdolinadvance of he work.shift, but failure to contact an employee shall not be gro. dsfor a grievance.

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GENERAL CONTRACTORSASSOCIATION-CARPENTERS- 2011{d) The Journeyman Carpenter Foreman shall be paid at least Three Dollars ( $ 3 . ~ )

than the Journeyman Carpenter. The Carpenter General Foreman shall be ~ d atleast $6.00 more per hour than the Carpenter Journeyman and shall be hired the

IEmployer's discretion.

Seetion 2 - Shifts(a) A single shift. shall be a continuous nine (9) hours, starting at 8:00A.M., except

when necessary to conform to the provisions ofthis Article IX, Section 7,Subdivision (a), including one (1) hour for mealtime. The mealtime may be 1curtailed by one-balf(lf2) hour. I

(b) When two (2) shifts are employed, the work period for each shift shall be a

(c)

(d)

(e)

continuous eight (8) hours.When two shifts are employed, each shift shall be eight and one-half hours Jthone-half (1/2) hour for lunch. When three (3) shifts are employed, each shift. WillIwork seven and one-.balf {7-112) hours but will be paid for eight (8) hours. s ~ Ionly one-half (112) hour is allowed for mealtime.When two {2) or more shifts ofCarpenters are employed, single time will be ~ d

Ifor each shift.A week shall start at 8:00A.M. Monday and end at 8:00A.M. Saturday, e x ~ twhen necessary to conform to the provisions of this Article IX. Section 7,Subdivision (a).Varying Shift Commencement jA shift commencing Monday through Friday shall begin two (2) hours befo . and

itwo (2) hours after normal starting time, in one-half hour increments. In ~

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GENERAL CONTRACTORSASSOCIATION- CARPENTERS- 2011 .shifts the Employer may wry the shiftofa Foroman and his entire crew, o r+ ofhis crew and such work shall be paid at the appropriate shift rate. It is also agreed

I

that on tide work, a shift may commence at any time with the prior approvallfthe District Council.

(f) OffShiftAn Off Shift may commence between the hours ofS:OO P.M. and 11:00 P.M.Fshall work for eight and one-half(8-112) continuous hours allowing fur one-ilf(1/2) hour for lunch. The wage rate for offshift work shall be shall be 113% of

!

the straight time hourly wage. Benefits for off-shift work shall be paid at the Istraight time rate. An off-shift started after 11:00 PM shall be paid at the wasfrate of ime and one-half. with straight time benefits, and shall work for eight done-half (8 1/2 ) continuous hours, allowing one-halfhour for lunch.

Seetioa 3- Payent of WagesAll wages payable under this Agreement shall become due and be paid on the job evqry

week and not more than three (3) days' pay shall be held back. Wages shall be paid at the IEmployer's option by check provided that the delivery ofpayroll checks is made at least (1)day prior to a banking day and the Employer has complied with the provisions ofArticle XU

Irelating to Bonding. [I f or any reason the Employer tenninates the services of any Employee working n ~

this Agreement, the accrued wages of hat Employee shall be paid to him at the time oftermination of his employment, otherwise waiting time shall be charged for the accrued wagt'.I f any Employee shall, of his own volition, leave the services ofhis Employer, then his Emp, oyermay retain his wages until the next regular pay day.


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GENERAL CONTRACI'ORS ASSOCIATION- CARPENTERS- 2011iShould an Employee be required to wait for his pay after the hours specified in A.rti,le

IX, Sections 1, 2 and 3, except for reasons beyond the Employer's control. then in addition,iEmployee shall receive time and one half for the first two (2) hours ofwaiting on pay day ot lay

of fand single time for any additional waiting time, except for Saturday, Sunday or holidayslHowever, such waiting time shall not exceed sixteen (16) hours. An Employee claiming ~waiting time shall be required to show proof that he was actually present on the job dwing thewaiting time claimed. I~ 4 - Overfim.e - Flexible Lnneb -Shop $tewardBopn I

(a) Time and one-half shall be paid for all work performed in excess ofeight (8)1

hours per day, for all work perfonned in excess of forty (40) hours per week, andfor allwork performed on Saturdays. Sundays and holidays shall be at the dotlbletime rate. except when being perfoaned under Article IX, Section 2, Shifts. \No Carpenter is to start work before the designated start time unless it detemynooto be overtime. I

(b) Flexible Lunch HourA flexible lunch may be taken for an employee or group ofemployees according

Ito the following schedule: 1ll:30AMto 12:00Noon12:00 Noon to 12:30 PM12:30PMto 1:00PM

(c) Shop Steward

(d)On variable shift jobs. the Steward is to work eight (8) hours.Subject to the provisions of shift work, the steward shall have the right of fidtrefusal for overtime work, provided the steward is on the job site at the time

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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- 2011

(e)

need for overtime is detennined. If he steward has left the job site, the e m p ~ o y e rshall notbe required to call him back to the job in order to work the overtimJ forthat day. If he steward leaves early on a Friday and overtime is called for on\ theweekend or the holiday, he should be called for the overtime work. IAll Carpenters will be given time to have coffee in the morning and wrap up :their

!

tools and wash up before quitting time.(f) The Employer will make every effort to give reasonable notice of overtime a,tld a

Carpenter will never by penalized for being unable to work the overtime, nor\ shallthe Carpenter be compensated for any overtime not worked.

g) Employers may assign overtime, off-shift and weekend work to the DCCemployees they deem to be best suited for the task and will be permitted to ~ v epersonnel from other jobs for this work. provided that they do not displace aUyIDCC member that is regularly assigned to that job, and, if they have already !worked 40 hours in the week for the Employer, they are paid at time and one,.half.

(h) Other than an emergency, notice ofall overtime work should be given to theCarpenter before noon ifpossible.

Secdon5- BoUdax(a) Holidays shall be observed in accordance with the New York State Law and fMll

be as follows: INew Year's Day Columbus DayPresident's Day Election Day (in a

I(3rd Monday in February) Presidential ElectionYear onlylMemorial Day (Decoration Day) Thanksgiving Day

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Case 1:90-cv-05722-RMB-THK Document 1340 Filed 06/25/13 Page 30 of 53r

GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- lOll

(b)

Independence Day (4th of July)Labor Day

Christmas Day

If an Employee does not work on said holiday he shall receive no pay for Iday. I fan Employee works on said holiday he will be paid only the o u b l ~ timeI

rate. When work is performed in an area outside ofNew York City, c o n d i t ~ o n s asIto holidays shall prevail, except that provisions of his paragraph herein smvt beIoperative within the jwisdictional territory of the Union. IIIWhere the workday ends at 8:00A.M. on a Saturday, Sunday, or holiday, ttte

Employer may, at its discretion, define Saturday, Sunday, or holiday, as beQinn.ingI

at 8:00A.M. ofthe Saturday, Sunday, or holiday, and continuing unti18:00 Iof the following day, except when necessary to confonn to the provision of 1Article IX, Section 7, Subdivision (a). I

Seetion 6 - WDrk Classifaeation Wf!ISI- Tot.:t Fljpges(a) Wage ~ t e s and fringe benefits contributions within the bargaining unit shall,lbe

Idetermined and/or reallocated by the union at its sole discretion, in conjUD.Ctifnwith the fund trustees.

iIThe rate ofwages with total fringes to be paid Employees covered by this agreementshall be as outlined in Appendix A of his Agreement.

(b) APPRENTIQ18Apprentice wage increases may be deferred for reasons determined by the Joint

Apprenticeship Committee ori ts training director by written notice to the Employer. WagesI orIapprentices are determined at a percentage ofJourneyman's rate as shown in Appendix A. iI

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Seetion 7- ConcUtlo11(a) Stom&e ofTools and Clothing

IIIIIIIThe Employer shall provide a suitable shed or room of sufficient size for tJteI

Carpenter's tools and clothing when the project is operating and E m p l o y e e ~Icovered by this Agreement are employed on the project. Said room or sh4 shall

not be used for the storage ofany other materials. The Steward or Forelllllli shallbe furnished a key for said storage facility, and the Employees will store thJn.ein

Iall tools not actually being used by them. These requirements shall not a p p ~ ywhenever less than four (4) Journeymen- Carpenters are employed on any jt\lbunder a single contract, however, adequate facilities whether mutual or othelwise

i

shall be provided for said Joumeymen.If an Employee covered by this Agreement is storing his tools and/or clothirtg insaid storage facility, the Employer shall be responsible for the loss of said toiolsand/or clothing due to fire, flood or theft but only if he Employee has p r e v i ~ u s l yfiled with the Employer a list of he tools be has brought to the job. TheEmployers liability shall be limited to a sum not to exceed:ToolsOvercoatClothingShoes

$500.00$150.00SISO.OO$125.00

Upon submission ofappropriate proofof loss to the Employer following the IIacceptance of said submission, the Employee shall be paid for said loss. Palent

shall be made within fourteen (14) working days of receipt of he proofof tors.-25-


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GENERAL CONTRACI'ORS ASSOCIATION- CARPENTERS- 2011

(b)

(c)

If proof ofloss is not accepted by the Employer, it shall be submitted within fortyeight (48) hours thereafter for final determination jointly to the Director ofL r Relations of he OCA and the Union.Slwpening of TpolsEmployees' tools which become dulled on the job shall be reconditioned atexpense of the Employer. IJob Injury - Medical Attention

iThere shall be no reduction in a day's wages to any Employee on the day of ~ j u c ywhen medical attention is required to said Employee while working on theEmployer's job, provided the Employee submits a note from the doctor or cWncstating that the Employee cannot work that day.

(d) Apprentice ManningThere shall be two (2) apprentices to every six (6) journeymen and one oftitqseapprentices must be a third or fourth year apprentice referred by the District iCouncil.

(e) Welder-BurnerEach Welder and Burner shall be Jicensed in accordance with applicable law$, andpresent said license to his Employer when requested

(f) Intoxicating Bevera&esThe consumption of intoxicating beverages or use of drugs on a jobsite isprohibited. Violation of this rule, after due warning is sufficient reason fordismissal.

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GENERAL CONTRACI'ORS ASSOCIATION- CARPENTERS- lOll(g) Smoking

(h)

If here is a local law, or if he Owner has a policy that prohibits smoking onjob site, the District Council members shall comply. IDiu& and Alcohol Testing 'The Employer and Union agree that, if required by either the Employer or by ,theEmployer's contract with and any City, State, Federal, and/or quasi-publicagency, and/or public utility ('"Owner . , the Employees covered by thisAgreement shall be tested for drugs and/or alcohol use, and the Employees shall

Icomply to the extent required. The Employer shall pay for the cost of the1 omdrug and alcohol testing program. The parties to this agreement have establish-ed aDepartment ofTransportation ("001'")-approved random drug testing progratnadministered by a Certified Independent Service. The program is in fullcompliance with all Department ofTransportation regulations, covering e n 1 ~ e r sof the union and their Employer's obligations under said regulations. The padiesfurther agree that as a part of this program, a traveling colloot.ion facility will beavailable to be utilized by Employers whose employees are required to be t e s ~ .If the Employerts contract with the Owner requires a more comprehensive gtesting program than provided for in the DOT regulations, the Owner'srequirements shall apply.

(i) Saturday Make-gpWhen conditions beyond the control of the Employer, such as severe e a t h e r ~wide spread power failure, fire, natural disaster, etc., prevent the operation thejob on one or more normal working days, the Employer may, with notificatwb to

i

the Union, scbodule the Salurclay of !bat caleodar week during which workT-27- .
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GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- 2011 .preveoled, as a make-up day at m.igbt time. All hours wodred in ex - . oflnormal workday sball be paid for at the rate of ime and one-half. When a htlidayfalls on a Saturday, then the make-up day rate shall be double-time. In orde, toutilize a Saturday as a make-up day, the Employer must declare a regularwrday "tenninated", for one of he reasons listed above, no later than 10:00 A.M. ofthe day terminated. and must notifY the Union of its desire to work a make-4 dayby noon of the day preceding the make-up day. Employees employed by the 1Employer on the day so "terminated" shall have the right of first refusal toon the make-up Saturday, but said Employees shall also have the right to ~ i n ework on a make-up Saturday. without any penalty. Ifmen are needed to work amake-up Saturday, other than those already working on the job, the Employ"'may move workers from other jobs to also work on that job, provided that donot displace any of he workers that are regularly employed on the job, and. irthey have already worked 40 hours in the week for the Employer, they are pa,id attime and one-half. If hey have not already worked 40 hours in the week, theEmployer may offer the Carpenter(s) the make-up day at the straight time rate andwill notify the District Council representative.

(j) Market RecoveryIn the event that the District Council grants concessions to any signatorycontractor for the purpose of capturing work that is also being bid by non-unlon

I

contractors, the same concessions will be granted to any GCA member that isiseeking to bid, or is working, on that same project. The Union will offer to treGCA members the same terms and conditions for projects designated for maket

!

recovery that it grants to all other signatories on those same projects.28-


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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- 2011

ARTICLE XIntent ofAgreement - Subeoatraetors - Lists

Seefioa 1 - Spirit ofAgreemenJ IThis Agreement and all of ts terms and provisions are predicated on an effort and a ~ i r i t

of bringing about more equitable conditions in the Construction Industry, and the languageherein shall not be misconstrued to evade the principles or intent ofthis Agreement.Seetlon 2 BJgdlgg Spbeontraetors g d Other Firms(a) The terms, covenants and conditions of his Agreement shall be binding upon all

subcontractors at the site to whom the Employer may have sublet all or part of anycontract entered into by the Employer.The Employer will only award on site subcontracts necessitating employment ofEmployees covered by this Agreement to subcontractors who aremder agreement or arewilling to enter into agreement with the Union.The Employer will violate this Agreement if it willfully neglects to notify the Unio'* in

writing by certified mail or hand delivery to the offices of he District Council withinthirty (30) days after an award ofa subcontract necessitating employment f E m p l o ~covered by this Agreement.

' 'The Employer will not sublet to another Contractor the safety protection of openinsr andstairways. This does not include the planking or other protection ofopenings in c o n ~ r e t e

I

arches during the form work stage until the time of stripping; nor does it include arestriction on the sublettingof sidewalk bridge construction or maintenance. Nothin. inthis Agreement will forbid the Employer, which bas an agreement with the New Y o ~ k

iDistrict Council of Carpenters from hiring on its payroll on a temporary basis, C ~ n t e r s~ 2 9 -


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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- lOllwho may be perlbnnlng wnrk fur other Contractors on tbe same jobsile, or t o ~protection work on a time-and-material basis. .(b) This Agreement shall apply to the named Employers that negotiate and exl tethis Agreement or authorize the GCA to do so on their behalfand any joint ventures theymay enter that perform the jurisdictional WOik covered in this Agreement. The J.Employers hereunder shall not establish or participate in double breasting operation .

I

within the District Councils jurisdiction. L .(c) At least five (5) worlcing days prior to the inception of any job where the co

1

t

for carpentry work is $1,000,000 or more, the Employer shall contact the U ~ o n toarrange a conference on the jobsite to discuss work assignment and theapplicationof this Agreement to the particular job.

Sectipn 3 - Lists(a) The Union shall furnish monthly to the OCA a list ofall District Council

Employers who are delinquent in the paymentofwages and/or contributions to allFunds listed in Article XI.

(b) The parties acknowledge ~ t the GCA has provided the Union with a list of ltsmembers and other Employers who have designated the OCA as its bargainiqgagent, and who have agreed to be bound by the terms and conditions of his

.collective bargaining agreement prior to the commencement of he negotiati1nswhich have resulted in this Agreement. The OCA acknowledges its representatives status ofits Employer-members and any service on it shallconstitute service on its Employer-members. All Employer-members who hvegiven their assent to be bound to this Agreement shall be bound during its efretenn. Employers who have not agreed to be bound by this Agreement may

1

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GENERAL CONTRACI'ORS ASSOCIATION- CARPENTERS- 2011 I

(c)

become signatories upon written request by the GCA and upon written p p r o ~of he Union.Upon notification from the GCA that an employer holding an independent Iagreement has joined the OCA, the OCA agreement governs the employer J,mthat point forward.

ABTICLEXIFrlD&el!aefttEunds

Seetioa 1 - Funds Coatributlons ColledionThe Bmployer shall pay the amounts indicated herein, for Employees coveredby this

Agreement, and employed within the jurisdictional territory of he Union into a United State$Treasury-approved:

The District Council of Carpenters ofNew York City & Vicinity:-Welfare Fund (hereinafter "Welfare Fund")-Pension Fund (hereinafter "Pension Fund")-Vacation Fund (hereinafter "Vacation Fund")-Annuity Fund (hereinafter "Annuity Fund")-Apprenticeship, Journeyman Retraining, Education and Industry Fund(hereinafter "AJR.E&I Fund")-Supplemental Fund (hereinafter "Supplemental Fund'')-N.Y.C. and VicUM Coop Fund {hereinafter "NYDCC Fund")-U.B.C. National Health & Safety, Apprenticeship Training and Educationand Development Ft.md (hereinafter "U.B.C.&J.A. Fund")AU hereinafter coUectivcly "Fringe Benefit Funds;'' each Fund to be administered b)j

Trustees, one-halfofwhom shall be designated by the Union and one-halfby the BmployentThe Employer is bound by all the teims and conditions of the Agreement and Declattion

of Trust with respect to each of he Fringe Benefit Funds, which Agreement and D e c l a r a t i o ~ ofTrust are beteby made partof his Aareement ODd shall be considered as incorporated1

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 2011The Employer shaH pay all required Fringe Benefits through the OCCs 1-Remit system.

Con1ributions shall be paid for hours worked but not on the premium portion of heovertime rate andare listed in Appendix A. .

All Apprentices shall receive fifty (SO%) percent of the Pension. Annuity, and Vacaioncontributions in accordance with the schedule shown in Appendix A.

1

In the case of Foreman$ General Foreman and Apprentices contributions shall be mate tothe Fringe Benefit Funds on the basis ofhours for which said Employee is actually paid,regardless ofwhether said hours are actually worked. This provision does not apply to B o n ~ ,Vacation or Sick Pay paid voluntarily to said Employee.

A plan has been established which provides for the payment of contributions to theWelfare, Pension, Vacation, Annuity, AJ.R.B.& 1., Supplemental Funds, UBC & JA Funds,NYCOCC Fund and the Heavy Construction Industry Fund through a consolidated plan. ~Employer will comply with procedures established by the Benefit Fund Trustees to assure tl$.tthe employee receives the benefit contribution together with his/her pay. Benefit contributionsshall be made via"1-Remit" electronic funds transfer through facilities established by the BahkofNew York or such other agencies authorized by the Trustees.

Any Contractor found guilty ofoffering cash to Carpenters for hours worked which illless than the wage rates collectively bargained in this agreement shall pay a fine oftwenty-fiJvethousand ($25,000.00) dollars to the Carpenters Relief and Charity Fund after he has p a i d ~monies that were due the benefits funds. This will be decided through the Collective BargairngAgreement grievance and arbitration clause.Sectionl-- Paid Sick I..eave

The District Council waives any right or entitlement for paid sick leave that may be iprovided by any city, state ot federal law ot regulation. I

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Seetio 2- Welfare Fnad- New York State DiybUityThe Welfare Fund shall provide, without further contributions ftom either the

Employer or the Employee, an _. , . . . t plan ofco - as requbed by the New YorkSiDisability Benefits Law. Seetloa 3 - Coverage ofAdditional Employees Under die Welfare yd Peasioa Plan I

Every present and future saiaried regular employee of he Union, the Welfare F u n d , ~the Pension Fund may participate in the benefits provided herein for Employees ofeachEmployer for whose benefit the aforementioned contributions are made to the Welfare Fund !andPension Fund. provided that contributions at the rate herein before stated are made to the W41lfareFund and Pension Fund for or on behalfofsaid Employees oftbe Union, the Welfare Fund. 4uldthe Pension Fund by tbe respective Employers of said Employees.Seefjon 4- Uabllitv for Subeoatracton

If the Union bas furnished the Employer with the list specified in Article X, Section 3,Subdivision (a), and in the event that any Subcontractor or a Subcontractor of a Subcontractorfails to make contributions to the New York District Council of Carpenters respective FringeBenefits Funds, as set forth in Article XI, Section 1, including dues check-oft as required by thisagreement, and i f he Union by an officer, by written notice with report of delivery, n o t i f i e s ~Employer that a Subcontractor is not complying, the Employer shalt be responsible for such loon-compliance for the period only beginning two (2) working days after the day ofreceipt ofsuch

''notice. The Employer will only be liable for the unpaid contribution, and in no event shall ap.IEmployer be liable for any of he listed liquidated damages, interests. costs or fees for w h i c ~ its

Subcontractor may be liable.


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GENERAL CONTRACI'ORS ASSOCIATION- CARPENTERS- lOllSeefion 5 - Dues Clleckoff

The Employer shall deduct from the weekly wages of each individual covered n d e ~ thisAgreement Union dues and such other amounts as set by the Union in accordance with its L 'Bylaws or other applicable documents. All monies deducted shall be promptly remitted to ,Executive Secretary-Treasurer of the Union or his or her designee, together with a list ofnalnesand employees from whom said monies are to be credited. The written au1borizatioos shall:pursuant to Section 302 (c) of he Labor Management Relations Act of 1947. The Union .hold the Employer hannless and indemnify the Employer for any liability arriving out ofcompliance with this Agreement, including contract limitation attorneys' fees and costs.Section Work Stoooa&e for Defaalt ia Fringe Benefit Fands Contributions

Whenever an Employer is in default on payments to the Fringe Benefit Funds andreasonable notice of such default is given to the Employer, the Union may remove theEmployees from the work of said Employer. If said Employees who are removed remain &tithework site during regular working hours, they shall be paid for lost time not to exceed three (3)days' pay.Section 7 - Liquidated Damages

(a) In the event the Employer fhlls to make contributions to the Fringe Benefit FUndsas specified in Article XI Section 1 herein, the Employer shall be obligated payto said Fringe Benefit Funds as liquidated damages as provided for in the IAgreement and Declaration of Trust establishing such Fund.

(b) If an audit is required of he Employer's books and records an4 there isestablished an unpaid balance in contributions to the Fringe Benefit Funds ~Employer shall be entitled to provide documentation at a meeting with the B.enefitFundsw show why the funds are not owed. If he Benefit Funds delmminer

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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- 1011the funds are still owed, the Employer shall have thirty (30) days from the rebeiptofwritten notification fi'om the Benefit Funds to pay the unpaid balance. I f ~unpaid balance is not paid within those thirty (30) days of he Funds' notifi4tionto the Employer , then in addition to the costs as set forth in (a) above, asadditional liquidated damages the Employer shall be obligated to pay to said Fringe Benefit Funds five (S) percent of he unpaid contributions.

(c) If thereafter, in the sole discretion of the Trustees, the matter is referred to l e ~ a lcounsel for collection. then in addition to the costs set forth in (a) and (b) above,

the Employer shall be obligated to pay to said Fringe Benefit Funds five (S) [percent of he unpaid contributions as attorney's fees.

(d) It is understood that the above liquidated damages are cumulative.(e) In no event shall an Employer be liable for any of the above listed liquidated

damages. interests, costs or fees for which its subcontractor may be liable.(f) In the event that formal proceedings are instituted before a court of compete!lt

jurisdiction by the trustees ofa Benefit Fund or Funds to collect delinquentcontributions to such Fund(s), and i f such court renders a judgment in favor "f

such Fund(s), the Employer shall pay to such Fund(s), in accordance with thejudgment of the court, and in lieu of any other liquidated damages, costs,attorney's fees and/or interest, the following:(a) the unpaid contributions; plus(b) interest on the unpaid contributions determined at the prime rate of

Citibank plus 2%; plus(c) an amount equal to the greater of-

(1) the amount of the interest charges on the unpaid contributions as-35-


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GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- 2811determined in (b) above. or

(2) liquidated damages of20% of the amount of he unpaidcontributions; plus

(d) reasonable attorney's fees and costs of he action; and(e) such other legal or equitable relief as the court deems appropriate.

(g) In the event that proceedings are instituted before an arbitrator under thisAgreement to collect delinquent contributions to a Benefit Fund or Funds, dsuch arbitrator shall be empowered to award such interest, liquidated a m a g ~and/or costs as may be applicable under the Agreement and Declaration of Ttustestablishing such Fund(s).

Seetioa 7 Auditin&Seven (7) days after a written request for audit is received the Employer shaU make

available records consisting ofwage payments and contributions to the Fringe Benefit Fund$ andsaid records shall include time cards, Foreman's cards, time sheets, payroll sheets, payroll checksand cash disbursement records pertaining to said job(s . I f an Auditor for the Fringe BenefitFunds schedules an appointment in writing with an Employer, and the Employer confirms saidappointment in writing, and the Auditor is prevented by the Employer from commencing hisaudit on the agreed upon date, the Employer will be liable to the above mentioned Funds for$100.00 due to the delay.Seetlon 8 - Suoolemeutal Fund

The Employer contribution ball be in the amount of four cents ($0.04) per hour for ahhours worked. but no contribution shall be made on the premium portion of the overtime ratf

Said contribution shall be aUocated in the following manner: \- The Carpenters Relief& Charity Fund -two and one-half cents ($0.025) per hour- Scholarship Fund - two and one-half cents ($0.025) per hour

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GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- 2011

TheSupplemental Fund shall be established in accordance with applicable law, an anyEmployee authorization that is required shall be secured by the Union.

Relief and CharJtv fund IIThe purpose of he Carpenters Reliefand Charity FWid is to enable the parties to n:Utke. Icharitable donations in the name of the carpentry industry from time to time. Said donationsshall be made to duly recognized tax exempt institutions within the meaning of he Internal\Revenue Code and to provide emergency assistance to bona fide victims of disaster, catasnbpheand community projects for the good of he general public. The contributions shall be n c l ~ e din the payment of Fringe Benefits. The Fund shall be administered by two persons, onedesignated by the Union and theother by the Fund. Both shall serve without pay and shall bebonded to the extent required by law. All moneys received by the FWid shall be deposited iP abank selected by the two administrators and shall be disbursed only by check signed by b o ~administrators. At least once a year the entire balance of the Fund on hand sball be d i s b u r s ~ toorganizations and persons who meet the qualifications set forth above. The administrators ~ h a l lkeep such books of record as may be necessary. Once a year the administrators shall account forall moneys received and disbursed.Sedjon 9 N.Y.C. and Vie 11M Fund

The parties to this agreement recognize theN.Y.C. and Vic UM Fund. The C o m m i ~ e e'will be funded by contributions of fifteen cents ($0.1 S) per hour worked through the Trusts :

Funds Benefits Plan. Said contributions shall be made in accordance with all applicable Federaland State Laws pertaining thereto.

If any of he above allocations are determined, in the opinion ofcounsel, legallyimproper, then in that event said allocation may be reallocated by the union to a presentlyexisting Fringe Benefit Fund or to another fund to be established by the Union and the E m ~ l o y e r .

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 1011The Employer and the union acknowledge that they are represented by their duly

designated trustees to administer the various Fringe Benefit Trust Funds provided for in thi,contract. Because of he various liabilities and responsibilities placed upon aU parties to thisagreement, including all contractors and union representatives and their respectively e s i ~uustees, each contractor hereby agrees that the Fringe Benefit Fund Trustees shall have the Inecessary powers to fulfill their fiduciary obligations in order to fully protect each e m p l o y e ~signed to this agreement and their employee-beneficiaries under the respective fund plans. ISection 10 -UBC National Health and Safety, Appraticeshio IraiJabyc and EdueatioD jaudDevelopment FUDds

In addition to any contributions called for herein, the parties agree that the Employetisba1l make a contribution of wo cents ($0.02) per hour worked for each Employee covered bythis agreement to the United Brotherhood of Carpenters and Joiners Apprenticeship & T r a i n ~Fund ofNorth America (the "Training Fund"). The parties also agree that the Employer shallmake a contribution of wo cents ($0.02) per hour worked for each Employee covered by thi$agreement to the United Brotherhood ofCarpenters and Joiners Health and Safety Fund of NorthAmerica (the " Health and Safety Fund"). The parties agree that the Employer shall make acontribution of two cents ($0.02) per hour worked for each Employee covered to the UnitedBrotherhood of Carpenters and Joiners Labor-Management Education and Development Fund.The Employer hereby agrees to be bound by the trust indenture agreement applicable to the !U.B.C. Health & Safety, Apprenticeship Training and Education and Development Funds J heyexist and as they might be amended or restated. and to such rules, regulations and othergoverning documents adopted pursuant to such Trusts.

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GENERAL CONTRACTORSASSOCIATION- CARPENTERS- lOllSpa 11 - Arbitratioa '

Should any dispute or disagreement arise between the parties hereto, or between the\Union and/or the Union Benefit Funds and any Employer-member signatory hereto, c o n ~any claim arising from payments to the Fund of principal and/or interest which is allegedly hue,either party may seek arbitration of he dispute before the impartial arbitrator designated 1hereunder by filing a notice of ntent to arbitrate. in writing, with said impartial arbitratorJtserving a copy ofsaid notice on the Association and Employer or the Union and/or the UniTBenefit Funds, as the case may be, and in a manner permitted by law. Unless a waiver is !mutually agreed to, in writing, by the parties hereto, a hearing shall be convened within twebty(20) days ofsubmission and the arbitrator shall submit his award within twenty (20) days of heclose of he hearing. The arbitrator shall have :full and complete authority to decide any andI llissues mised by the submission and to award appropriate damages. The arbitrator's award io thisregard shall be final and binding upon the parties hereto and the individual Employer, i f andshall be wholly enforceable in any court of competent jurisdiction. The costof he arbitration,including the fees to be paid to the arbitrator, shall be included in the award and shall be homeby the losing party. Roger Maher, Esq., Richard Adelman, Bonnie Weinstock or J,J, Pierson arehereby designated as impartial arbitrators hereunder. In the event Roger Maher, RichardAdelman, Bonnie Weinstock or J J. Pierson are unwilling or unable to serve as impartialarbitrator, the New York State Board ofMediation shall designate an impartial arbitrator to !Jervein their place and stead.

The agreement of he parties to submit said matters regarding the paymentofcontributions to an arbitrator does not excuse an Employer from any statutory, civil o r ~liability which may attach to his actions under Municipal, State or Federal law. The submi1sion

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r

GENERAL CONTRACI'ORS ASSOCIATION- CARPENTERS- 2011ofa matter to arbitration is in no way meant to affect the right of he Union to remove itsmembers from an Employer's premises, as provided for in this Agreement.

ARTICLEXII

Surety Bowl~ ~ ~ I

AnEmployer whose records have been audited by the Funds' Auditors and the most!

recent audit shows a material discrepancy is required to post a bond as set forth in ArticleSection 2 of his agreement.

IIA new Employer whose records have never been audited by the Funds' auditors shalJ berequired to post a bond as set tbrth in this Article XII, Section 2. A new Employer uponcompletion ofan audit by the Funds' Auditors, and said audit reveals no material delinquenies,shall not be required to continue to post a bond.

An Employer affiliated by common ownership with a contributing Employer shall not bedeemed to be a new employer for the purpose of this clause.

Contractors who have a history with the District Council ofCarpenters ofpaying=efi tson a timely basis will not have to post a surety bond. I f t is determined that they are delinquentat some point, then they will have to post a bond.Section 2

As of July 1, 2013, all new GCA members or other signatory contractors working n d ~ rthe tenns of this Agreement shall post a bond in accordance with the provisions of his sectiom

Those Employers covered by this Agreement who are required to post a bond shall 1provide a Surety Bond in the following amounts:

an Employer employing 1 to SEmployees $ 10,000-40-


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GENERAL CONTRACfORS ASSOCIATION- CARPENTERS- 2011 an Employer employing 6 to 10 Employees an Employer employing 11 to 1SEmployees an Employer employing 16 to 20 Employees an Employer employing 21 to 25 Employees an Employer employing 26 or more Employees

ABTICLEXIUNew York State

$ 15,000$ 20,000$ 30,000$ 75,000$ $125,000

The Employer agrees that if it performs any service or work described in the TnldeAgreements of he Local County Carpenter Union, within the geographic jurisdictionof he state,it shall be bound by all the tenns and conditions of he Trade Agreement applicable to thelocation where said service or work is being performed for the period of ime that said service orwork is being perfonned in said location in the same manner as if t were a direct signatory to theapplicable Trade Agreement, provided the Union furnishes to the GCA said Trade Agreement forreview.

ARTICLE XIVReaw Conltnlet ion Jrulustry Fapd

HgyyConstru.ctiop Ind118tn FUildIn order to adequately protect the Heavy Construction Industry and in the interests ~ t h e

Employees in the industry. each Employer shall contribute to the Heavy Construction IndustfYFund thirty-five cents ($0.35} ~ f f e e t i v e July 1, 2002, p l i e d only to the t ~ e payroJ ofeach Employee. No contributions shall be made to this Fund on the prem1um portion ofth.elovertime of he payroll oftbe Employees covered by this Agreement. !

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 2011Each Employer voluntarily authorizes the collection of he contribution per hour to

Fund andeach Employer shall be bound by all the tenns and conditions of he AgreementDeclarationofTrust of the Heavy Construction Industry Fund and by all By-laws adopted toregulate said Fund

ARTICLE XV

LecalityAny provision of his Agreement which provides for Union security or Employment a

manner and to an extent prohibited by any law or the detenninationof any govermnentol boardor agency, shall be and hereby is of no force or effect during the term of any such prohibition. Itis understood and agreed, however, that i f any of he provisions which are hereby declared to beof no force or effect because of restrictions imposed by law is, or are, determined either by Actof Congress or other legislative enactment or by a decision of he court of highest recourse to belegal or pennissible. then any such provisions shall immediately become and remain effectiveduring the remainder of he term of his Agreement. In the event that there shall be changes inapplicable laws as to Union security, the parties shall negotiate any provisions concerning Unionsecurity.

In the event that any provision of his Agreement shall be declared to be in violation oflaw, the remaining provisions of this Agreement shall continue in full force and effect.

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TilE DISTRICT COUNCIL OFCARPENTERS OF NEW YORK CITYVICINITY OF THE UNITEDBROTHERHOOD OF CARPENTERS ANDJOINERS OF AMERICA,

District Council ofCarpenters

FORAND ON BEHALF OF, ANDAUlHORIZED BY TilE E M B E R S ~OF THE OENERAL CONTRACTOR$ASSOCIATION OF NEW YORK, IN.AND OTHER EMPLOYERS WHO Hf'\VEAPPOINTED TilE IGENERAL CONTRACTORS IASSOCIATION OF NEW YORK, INC. ASTHEIR COLLECTNE BARGAININQAGENT, WHOSE NAMES ARE :ATTACHED HERETO IN EXHIBIT I I

By . 1 / ; ~ a r : / : , l ~ < k S < ~ t nManaging Director

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GENERAL CONTRACTORS ASSOCIATION- CARPENTERS- 20ll

APPENDIX AWAGES AND BENEFITS

1. CARPENTER-GENERAL FOREMANiEffective 07l01l2Q11 07l01l2012 07lQll20!a* 07l01L2fJ.14 QUO!l2015 07/01/2016DateHourly 1Wage Ss2.74 $52.74

Hourly ~ g g $2.68 ~Fringe $42.75 S 4 ~ ~ Z 5Benefits !TOTAl $95.49 $95.49 $98.17 Sloo.ss $103.53 i $106.66H.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 I $0.352. CARPENTER- FOREMAN:Effective 07[01/2011 07l01l2Q12 07l01l2013* 07l01l2014 07l01/2Q15 Q7lQ;IL2Q1DateHourly S49.Z!l $49.74WageHourly g g ~ $2.68 $3.13Fringe $42.75 $42.75BenefitsTOTAl $92.49 $92.49 $95.17 S ~ Z ~ I ~ $100.53 $103.66H.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 $0.35

3. CARPENTER JOURNEYMAN;Effective QZlOl/2,011 07l01l2012 0 7 l 0 1 l 2 Q 1 ~ 07lQ1[2019; OZlOl/2015 Q7L01l2016DateHourly ~ 4 6 . 7 4 S46.7!!WageHourty ~ $2.68 ~ ~Fringe ~ 2 . 7 5 $42.75BenefitsTOTAL $89.49 S l ~ . 4 ~ $92.17 $94.85 S 9 Z ~ ~ ~ i S10066H.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 I $0.35APPRENTICES

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GENERAL CONTRACTORS ASSOCIATION -CARPENTERS- lOllApprentice wage increases may be deferred for reasons determined by the Joint 1

IApprenticeship Committee or its training director by written notice to the Employer. W a g ~ forIapprentices are determined at percentage of Journeyman's rate:

4. FOVRTII YEAR CARPENTER APPRENTICE {800/o)Effective 07/0llZOll 0 7 [ Q l l ~ l 2 07[01[2Q'JJ_* 0 7 [ 0 1 [ 2 0 1 ~ 07[QliZQl5 ~ Z l 0 1 [ 2 0 1 6DateHourly S ~ 7 . 3 9 $37.39 IWage IHourly TBD m TBD TBDFringe szs.o1 S28.07BenefltsTOTAL $65.46 $65.46 IBD TBD nm TBDH.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 $0.355. 1liiRD YEAR CARPENTER APPRENTICE {65%)Effective rJ.7lo!aau 07[Q1l2012 07l01l2013* 07[Q1[2Q14 07[01[2Q15 Q7[01[2016DateHourly ~ 3 0 . 3 ~ 3 0 . 3 8WageHourly TBD TBD TBO nmFrlnse ~ 2 8 . 0 7 ~ 2 8 . 0 7Benefits -TOTAL SS8.45 55845 TBD TBD TBD nmH.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 $0.356. SECOND YEAR CARPENTER APPR.EN[ICE (50%)Effective Q7[0![2011 OZlOl/20!2 Q7/0U20t3 07[012014 07[012015 Q7l01[2Q1DateHourly ~ 2 3 . 3 Z ~ 2 3 . 3 7WageHourly TBD TBD Tim TBDFringe SZB:!F $28.07BenefitsTOTAL S51:44 $51.44H.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 $0.357. FIRST YEAR CARPENTER APPRENTICE (40'!}

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GENERAL CONTRACTORS ASSOCIATION-CARPENTERS- 1011Effective Q 7 l O ~ l 2 Q 1 1 07L01l2012 0 7 l 0 1 l 2 0 ~ ~ Q7l01l2Q14 07l0ll1,.015 07LQ!l&.Q16DateHourly ~ lli..ZQWageHourly !1m TBD nm TimFringe $28.07 ~ , 8 . 0 7BenefitsTOTAL S%.77 $46.77 T.B.Q mP !1m TBDH.C.I.F. $0.35 $0.35 $0.35 $0.35 $0.35 $0.35

Or upon implementation and approval from the Court.

6-24-2013 James Murphy Letter to Judge Berman (GCA CBA enclosed) Doc. 1340

Documents

Transcript of 6-24-2013 James Murphy Letter to Judge Berman (GCA CBA enclosed) Doc. 1340