AGREEMENT OF WORKING CONDITIONS BETWEEN … 12... · ARTICLE XX AJEF 23 ARTICLE XXI WORK AND SAFETY...

AGREEMENT OF WORKING CONDITIONS BETWEEN

THE INSULATION CONTRACTORS ASSOCIATION OF

NEW YORK CITY INC. AND

THE INTERNATIONAL ASSOCIATION OF HEAT AND

FROST INSULATORS AND ALLIED WORKERS

LOCAL NO. 12 OF NEW YORK CITY

2014-2017

Agreement of Working Conditions Between

The Insulation Contractors Association of New York City Inc. and The International Association of Heat and Frost Insulators and Allied Workers Local No.12 of New York City

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TABLE OF CONTENTS PAGE

ARTICLE I TERRITORY 3 ARTICLE II HOURS OF WORK 3 ARTICLE III MANNING 4 ARTICLE IV HOLIDAYS AND OVERTIME 6 ARTICLE V SETTLEMENT OF DISPUTES 7 ARTICLE VI SUBCONTRACTING 9 ARTICLE VII EXCLUSIVE BARGAINING AGENT 10 ARTICLE VIII PAY RATES AND PROCEDURES 10 ARTICLE IX UNIFORM EXPENSE SYSTEM 16 ARTICLE X JURISDICTION OF WORK 16 ARTICLE XI EMPLOYMENT PRACTICES 17 ARTICLE XII BONA FIDE SHOP 17 ARTICLE XIII PIECEWORK 18 ARTICLE XIV DURATION AND TERMINATION 18 ARTICLE XV SEVERABILITY AND SAVINGS CLAUSE 18 ARTICLE XVI SHOP STEWARD 18 ARTICLE XVII VIOLATION OF AGREEMENT 20 ARTICLE XVIII AUDITING 21 ARTICLE XIX LABOR MANAGEMENT COMMITTEES 23 ARTICLE XX AJEF 23 ARTICLE XXI WORK AND SAFETY METHODS 24 ARTICLE XXII CORPORATE PAPERS 26 ARTICLE XXIII INSURANCE AND OTHER COVERAGE 26 ARTICLE XXIV WAGE & FRINGE GUARANTEE BOND/C.E.A. 26 ARTICLE XXV MISCELLANEOUS 27 ARTICLE XXVI FAVORED NATIONS CLAUSE 28 ARTICLE XXVII LANGUAGE OF AGREEMENT 29 ARTICLE XXVIII EARNED SICK TIME WAIVER 29 SIGNATURE PAGE 30

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Side Letter "A Agreement" Deleted

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This AGREEMENT, made and entered into this 1st day of July 2014 by and between THE INSULATION CONTRACTORS ASSOCIATION of New York City, Inc., as party of the first part and THE INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS

Local No. 12 OF NEW YORK CITY (“Union” or “Local No. 12”) as party of the second part. Wherever the words “Employers” or “Members of the Insulation Contractors Association” appear in the following Agreement, the said words shall be deemed to apply to the party of the first part to the extent such words are applicable.

Wherever the word “Employee” appears, it shall mean a person employed by an Employer under the terms of this Agreement.

ARTICLE I: TERRITORY These provisions shall be binding upon each of the respective signers individually and as members of their respective organizations within the five (5) Boroughs of greater New York, also within Nassau and Suffolk Counties, Long Island, and surrounding islands. The Employer further agrees that on all operations outside of the chartered territory of the union they will abide by the rates of pay, rules and working conditions established by collective bargaining agreement between the local Insulation Contractors and the local union in that jurisdiction. Employers may send a Mechanic (Job foreman) to run the job. In the event of insufficient supply of local labor in that territory, the Employer may send such additional Employees as may be necessary. Such Employees shall receive, in addition to transportation costs, the highest wage package of either Local 12 or the local they are sent to. This wage package is to include wages, board allowance and all fringe benefits. All Benefits shall be paid to Local 12.

ARTICLE II: HOURS OF WORK The regular workday shall be seven (7) hours, with lunch period from 12:00 Noon to 12:30 p.m. There shall be a flexible starting time between six (6:00) a.m. and eight (8:00) a.m. with the appropriate time adjustment for lunch period. Once a job starts at that flexible time, it cannot revert back to the non-flexible start time. Employees who refuse to work the 6:00 a.m. flexible start time may be assigned to another job site and this action will not be considered cause for dismissal. All work performed during lunch period shall be paid for at a double (2x) time wage rate. No Employer will condone or suggest working through lunch or permit early deliveries without paying the Member the appropriate Overtime Rate. A shop shall not regularly work all its Employees less than the normal workweek unless it notifies Local No. 12, Holidays being the exception.



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At the discretion of the Employer, an eighth hour at straight time may be worked, when no more than two (2) employees are on job site, not to exceed two (2) total days for duration of project. Alleged abuses of this provision will be brought before the Joint Trade Board for resolution. These hours and any additional overtime hours must be reported by the Employer and the Employee before they start the extra time using the toll free number 1-(877) UNION12 or 1-(877) 864-6612. A shift clause will be used in the following manner: Seven (7) hours per day shall constitute a day’s work and thirty five (35) hours per week, Monday to Friday, inclusive, shall constitute a week’s work. The regular starting time shall be from six (6) a.m. to eight (8) o’clock a.m.; lunchtime shall be twelve (12) noon to twelve thirty (12:30) p.m.; quitting time shall be 1:30 p.m. thru 3:30 p.m. When shifts are required, the first shift shall work seven (7) hours at the regular straight time rate. The second and third shifts shall work seven hours at the regular straight time rate plus a fourteen (14) percent wage and benefit premium. A thirty (30) minute lunch period shall be mutually agreed upon by the Job Superintendent and the Union Representative and shall not be considered as time worked. An Employee working regular workday is not eligible for second or third shift.

ARTICLE III: MANNING 1. Ratio: The ratio of Mechanics and Apprentices may equal but not exceed one (1) Apprentice of any class to one (1) Mechanics in the shop. In addition, each member of the Association shall be provided the first opportunity to employ the new 1st year Apprentices when new classes start in the fall of each year (provided that an Association member’s shop does not exceed the ratio of 1:1).

a. Employers may assign a 3rd and 4th Yr. Apprentices to work on job sites as follows: third (3rd) year apprentice may work with a fourth (4th) year / or two (2) fourth (4th) year Apprentices may work alone or together on a 1 or 2 man job site for no longer than a total of 30 man day(s). This excludes borough of Manhattan, PLA’s, and Industrial or Prevailing Wage job sites. No first (1st) year Apprentice shall, with the exception of 4th year Apprentices on Renovation Plumbing Jobs in the outer boroughs of New York City, Nassau and Suffolk Counties excluding Industrial Facilities and Sewage Treatment Plants, execute work unless in company with a Mechanic, except as written above, also an exception will be made for 2nd year Apprentices who will be allowed to work alone when working on Firestops and Fireseals or when unloading and distributing materials.

b. At the Business Manager’s discretion, Local 12 may approve “reverse mechanic to apprentice ratio” on mixed trade job sites employing both union and non-union workers. This will not apply to PLA or Prevailing Wage projects



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Mechanics and Apprentices may be on jobs with a 1 to 1 ratio on Dormitories, Nursing Homes/Assisted Living Facilities, Apartment Buildings, Two Story and Garden Style Apartments. 2. Interim Mechanics: The Insulation Contractors Association will be provided the first opportunity to employ all Insulator Mechanics organized by any method of the “bottom up” organizing policies. These persons shall be known as Interim Mechanics. Organizing members is the responsibility of the Business Manager as noted in Article XXI Section 10. of the International Association of Heat and Frost Insulators and Allied Workers Constitution and By Laws.

Interim Mechanics; x Primary objective is to target the residential Non-Union Market. x Restricted from working on any prevailing wage job sites. x Are prohibited from being foremen on job sites except when other Interim

Mechanics or Apprentices are used exclusively on that job site. 3. Supply of Labor: Local 12 agrees to supply qualified Heat and Frost Insulators to the Employers within a 72-hour period upon receipt of a written request. 4. Shop Superintendent: The Shop Superintendent may be a Local 12 member in accordance with Article XVI of the Constitution and By-Laws of the International Association of Heat and Frost Insulators. All Superintendents must have a letter from their Employer on file with the Union, which designates them as a Superintendent, and the Union will forward a copy to the Trade Board Attorney and ICANYC Executive Director. A Local 12 Superintendent will be able to do “walk downs”, move personnel, set up jobs, move material, work as an Employee as designated in Article X of this agreement, and must contribute all payments due the Funds and the Union a minimum of 140 hours per month. 5. Owner Operator:

(a) For the purpose of this Agreement, Owner Operator means; Mechanics who own a portion of the signatory contractor, whether directly, or indirectly or through a subterfuge, and who perform management or supervisory functions for the signatory contractor and perform covered work set forth in Article X. Any such individual has two options;

(1) Effective January 1, 2015, persons deemed “Owner Operators” shall be required to receive from their shop (the employer) wages (at the then applicable



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CBA rate) and make contributions into the Local 12 Benefits Funds (at the then-applicable contribution amounts) for a minimum of 45 hours per week for 48 weeks each calendar year, irrespective of the number of hours they perform work on a job site. (If an Owner Operator performs bargaining unit work in excess of 45 hours per week in any work week, he/she must receive wages and pay benefits for all hours worked.) The minimum wage/contribution requirement shall remain in effect unless and until the Owner Operator is withdrawn as a union member (even if he/she ceases working with the tools of the trade, as set forth below).

(2) Upon the Owner Operator’s shop (The employer) hiring a fourth (4th)

union member, (cumulatively on all jobsites), the Owner Operator shall permanently cease working with tools of the trade. The Owner Operator may resume working with the tools of the trade only if the Owner Operator’s shop bond level is reduced to the rate applicable to shops with “1:3 members employed” and the shop is not delinquent in making payments into the Local 12 Benefits Plan(s).

6. Disabled Employees: Employers shall endeavor to give employment to disabled or partially incapacitated Employees wherever practicable.

ARTICLE IV: HOLIDAYS AND OVERTIME All labor in excess of the “regular” workday is to be paid on a time and ½ (1.5x) basis for the eighth (8th) hour with double (2x) rate of wages thereafter. All Saturday, Sunday and observed Holidays, shall be known as overtime and shall be paid for at a double (2x) rate of wages. The observed holidays are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. No work shall be performed on Labor Day, except in special cases of emergency and then only when triple (3x) time is paid. When existing Holidays fall on a Saturday or Sunday they will be observed on an alternate day (either Friday or Monday) in accordance with the rules of the Federal Government. Whenever Weekend Overtime is worked there shall be a minimum of five (5) hours worked at the double (2x) time rate on all Saturdays, Sundays and Holidays. The hours worked shall be between seven (7:00) a.m. and twelve (12:00) p.m. only, or by prior approval by the Business Manager or Business Agent. Preference for overtime must be given to all Employees currently employed by that employer, before being offered to any other Local 12 members. Union employees may not work weekend overtime for any Employer for which the Union employee did not work during the preceding work week, if there are 15 or more members on the Local 12 Members-out-of-work-list.



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1. Preference to overtime shall be given to the Employee on the job working for that Employer. 2. On all job sites that go on overtime work for two (2) weeks, the third (3rd) week and thereafter all overtime will be distributed equally between all Local 12 members on the job working for that Employer. 3. Refusal to work overtime will not be cause for dismissal.

ARTICLE V: SETTLEMENT OF DISPUTES

There shall be a Joint Trade Board consisting of five (5) members of the Insulation Contractors Association and five (5) members of the Union. It is expressly understood by and between the parties hereto that the Union and the Association may, at their sole discretion, appoint individuals to the Joint Trade Board who also serve as Fund Trustees. Nothing herein shall preclude such dual appointments and the parties expressly acknowledge and waive any and all actual or perceived conflicts that may arise as a result of said appointments. The Joint Trade Board shall:

(1) Resolve grievances between the Union and any Employer as the parties to this Agreement. A grievance is any question, complaint, or dispute arising out of and related to this Agreement during its term, provided that neither a trade jurisdictional dispute (which must be resolved by the New York Plan for the Settlement of Jurisdictional disputes) nor an alleged violation of the no-strike/no-lockout provision of this Agreement shall be considered a grievance; and

(2) investigate suspected violations of the terms and conditions of this Agreement by the parties to this agreement (other than grievances, as defined above), and for this purpose shall have the right to summon, question, and examine any party to this Agreement, or their representatives or agents and the Joint Trade Board shall further have the power to conduct a hearing to determine whether a violation of this Agreement has occurred and issue an award to remedy such violations.

All grievances shall be filed, if at all, with the Co-Chairs of the Joint Trade Board within thirty (30) days after the date on which the grieving party became sufficiently aware of the facts and circumstances constituting the grievance or should have become sufficiently aware with reasonable diligence.



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All matters subject to the jurisdiction of the Joint Trade Board, including grievances, shall be resolved without any strike, work stoppage, slowdown, lockout or other disruption of work.

The Union is required to report all alleged contract violations to the Co-Chairs of the Joint Trade Board, who shall promptly notify the Union and the Association, in writing, of such report, including all available details concerning the alleged violation.

The Joint Trade Board shall be governed by the following procedures:

1. The Co-Chairman of the Joint Trade Board shall convene a meeting of the Joint Trade Board upon: (a) the written request of the Union or the Association, to investigate suspected violations of the Agreement by the parties to this agreement, (b) the submission of a grievance, or (c) when it deems necessary to fulfill its obligations under this provision. If such meeting is convened on the basis of a written request or submission of a grievance, it shall be scheduled within five (5) business days of such written request or submission of such grievance. The Union and the Association shall be notified in writing of any Joint Trade Board meeting, which shall state the purpose of the meeting.

2. Six (6) shall constitute a quorum, three (3) from each side; neither side shall cast more ballots than the other. 3. The vote on all questions of violations of this Agreement shall be by secret ballot. 4. It shall require a majority vote to carry any question. 5. The Joint Trade Board shall have the power to issue a written award to remedy any breach of this Agreement (other than violations of the no-strike/no-lockout provisions of this Agreement and alleged misassignment of work constituting a trade jurisdictional dispute) and to resolve any grievance, including by requiring the payment of back pay or contributions to benefits funds, imposing fines (if any) contained in this Agreement, and requiring any party to this Agreement to take, or cease, any action or conduct. Such award shall be final and binding on the parties involved, and any party may resort to a court of appropriate jurisdiction to obtain relief from, or to enforce, such award.

6. Arbitration:

(a.) The Joint Trade Board may elect in its sole discretion, by majority vote, rather than to hear any matter before it under the terms of this Agreement, to refer said matter to arbitration. The Employer shall have the right to select arbitration in lieu of appearing before the Joint Trade Board and must so notify the JTB via regular and certified mail within ten (10) days of receipt of a JTB demand.



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(b.) If the Joint Trade Board fails to resolve any matter before it (by issuing a written decision and order) within seven (7) days of a meeting, or if any vote of the Joint Trade Board results in a deadlock (or no majority is achieved), either the Union or the Association or any Employer may initiate arbitration within five (5) days after the seven day resolution period or failed vote, as the case may be.

(c.) Provide that AAA shall generate a list of arbitrators from which parties shall choose, in accordance with the AAA’s Labor Arbitration rules.

(d.) If the matter pending before the arbitrator is a grievance, the Arbitrator shall promptly issue a written decision and order, either denying or affirming the grievance and, if applicable, directing an appropriate award consistent with this Article.

(e.) If the matter pending before the arbitrator concerns the suspected violation of this Agreement, the Arbitrator shall promptly issue a written decision and order, either denying or affirming the suspected violation and, direct an appropriate remedy consistent with the Article.

(f.) Any decision and order of the Arbitrator shall be binding upon all parties. The Arbitrator shall have all the power to hear and determine the matter as provided in this agreement, including without limitation, the assessment of interest, liquidated damages, attorney fees, the cost of the audit and the fees and expenses of the arbitration.

(g.) The Arbitrator’s award shall be final and binding on the parties involved, and any party may resort to a court of appropriate jurisdiction to obtain relief from, or to enforce, such award.

ARTICLE VI: SUBCONTRACTING Each Employer recognizes the Union’s desire to retain all work regularly performed for the Employer and the Union recognizes the Employer’s needs to maintain an efficient operation; therefore, each Employer will continue to use bargaining unit Employees and not subcontract that work described in Article X that has been traditionally and regularly performed by its Employees. The parties further agree that application of all new thermal insulation that may be a replacement for/or in addition to materials now being used are recognized as legitimate claims of the trade of Local No. 12. The Union agrees not to contract, subcontract or estimate on work, nor allow its membership to do so, nor act in any trade capacity other than that of workman with the exception described in Article III of this agreement. It is also agreed that no member of a firm or officer of a corporation, or their representative or agent, shall execute any part of the work of application of materials.



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For the preservation of work opportunities of Insulators, within the collective bargaining unit, each Employer within the collective bargaining unit agrees not to subcontract to any person, firm, corporation or joint venture which is not in a contractual relationship with the Union, any item of work described in this agreement, except that each Employer shall have the right to subcontract with any other Employer with a signed CBA with Local No. 12 for any work covered by this Agreement. All the work described in this “No Subcontracting Clause” shall be performed by Insulators and/or Apprentices within the bargaining unit covered by this Agreement.

ARTICLE VII: EXCLUSIVE BARGAINING AGENT The Employer recognizes Local No. 12 as the exclusive bargaining agent for Mechanics and Apprentices who perform any of the duties as prescribed in Article X hereof. Such mechanics and apprentices are in this agreement sometimes referred to as “Employees”. Recognition standard acknowledged by the National Labor Relations Board 9A Language It is mutually agreed, understood and acknowledged that the Heat and Frost Insulators and Allied Workers Local Union No. 12 is the sole and exclusive bargaining representative of all Employees covered by this Agreement. Upon the Union’s Request for recognition as majority representative, the Employer verified the evidence presented by the Union demonstrating that the Union represents an uncoerced majority of the Employer’s Insulation Employees. Based on this clear and unequivocal demonstration of majority support, the Employer recognizes the Union as the sole and exclusive bargaining representative and acknowledges that the Union represents a majority of employees employed to perform bargaining unit work.

ARTICLE VIII: PAY RATES AND PROCEDURES 1. The Employer agrees to pay mechanics on all work at the following rates:



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Effective New Rate Increase

Base Wage

Welfare Fund

Pension

Fund

Vacation Fund

Annuity Fund

AJEF

Int’l Asm’t

PAC Fund

BLDG Fund

Target Fund

* Daily Travel Zone

Expense

Total Package

* Insulation Industry

Promotional Fund

07/01/14 thru

12/28/14

$0.00

$57.38

$13.69

$6.50

$5.97

$9.60

$.90

$.28

$.05

$.75

$.05

$10.00

$95.17

$.70 / $1.20 non member

12/29/14 thru

06/28/15

$0.00

$

$

$

$

$

$

$

$

$

$

$10.00

$95.17

$.70 / $1.20 non member

06/29/15 thru

12/27/15

$0.75

$

$

$

$

$

$

$

$

$

$

$10.00

$95.92

$.70 / $1.20 non member

12/28/15 thru

06/26/16

$0.90

$

$

$

$

$

$

$

$

$

$

$10.00

$96.82

$.70 / $1.20 non member

06/27/16 thru

12/25/16

$1.15

$

$

$

$

$

$

$

$

$

$

$10.00

$97.97

$.70 / $1.20 non member

12/26/16 thru

06/30/17

$1.20

$

$

$

$

$

$

$

$

$

$

$10.00

$99.17

$.70 / $1.20 non member

* Provide for a minimum contribution by every employer of $350.00 per month (irrespective of hours worked) except for job site agreements. * Listed is the Daily Travel Zone Expense applied to the entire territory. This rate is not subject to doubling when working Weekends or Holidays.

All fringe benefits in excess of the “regular” workday are to be paid on a time and ½ (1.5x) basis for the eighth (8th) hour with double (2x) rate of wages and fringe benefits thereafter. All Saturday, Sunday and observed Holidays, shall be known as overtime and shall be paid for at a double (2x) rate of wages. Off hour jobs in occupied or retail buildings may be worked on weekdays with an increment of one dollar ($1.00) per hour and eight (8) hours pay for seven (7) hours worked. Double time (2x) will apply for over seven (7) hours on weekdays and on weekends or Holidays. Employees working day shifts are not eligible. An Employer must notify the Union by fax or telephone, and an Employee must notify the Union by the toll free number 877-864-6612 or 877-UNION12. Interim Mechanics will be paid at a maximum of two (2) rates for basic wage and fringes, which shall be in amounts of 70% (for the first two (2) years of employment) and 80% (for the third (3rd) year of employment) of the mechanic’s hourly wage rate respectively.

Apprentices will be paid at a maximum of four (4) rates, for basic wage and fringes, which shall be in amounts of 40%, 60%, 70% and 80% of the mechanic’s hourly wage rate for the first (1st), second (2nd), third (3rd) and fourth (4th) years respectively.



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*Effective January 1, 2015 all new Apprentices will be paid at a maximum of four (4) rates, for basic wage and fringes, which shall be in amounts of 40%, 50%, 60%, and 75% of the mechanic’s hourly wage rate for the first, second, third and fourth years respectively.

2. The party of the first part agrees to pay (except expenses) the applicable amount prescribed in Article VIII (1) to the Trustees of the Heat and Frost Insulators Local 12 Funds;

x One (1) check to the Heat and Frost Insulators Local 12 Benefit Funds Operating Account, for the total amount due to the Welfare Fund of Heat and Frost Insulators Local 12, The Pension Fund of Heat and Frost Insulators Local 12, The Vacation Fund of Heat and Frost Insulators Local 12, The Annuity Fund of Heat and Frost Insulators Local 12 and the Apprentice Journeyworker Education Fund (A J E F) of Heat and Frost Insulators Local 12;

x One (1) check to the Local 12 General Fund for the total amount due for Working Assessment, International Assessment Fund, Market Recovery Fund, Political Action Committee Fund, and;

x One (1) check to the Insulation Industry Promotional Fund.

All Benefits shall be paid to Local 12.

3. Job Foreman with ten (10) or more Employees shall receive a minimum of one (1) additional hour at the straight time rate in Wages and Benefits per day.

4. Effective October 1st, 2014 Signatory Employers will begin remitting monthly payments as follows: All payments due the Funds, the Union and the Insulation Industry Promotional Fund must be made monthly by the Employer. Fund(s) contributions shall be due on the 8th of each month. An Employer shall be declared delinquent of payment to the Funds of Local 12, the IIPF and the General Fund Working Assessment after the 15th day of the month the payment is due. Employers shall report Fund payments to the Fund Office monthly with payment.

5. The following penalties shall be imposed upon employers on the 15th of the month if the monthly contribution amount is not paid in full:

a. 5% of [the delinquent amount] if the employer’s delinquency is the first (1st) delinquency in the prior 12-month period.

b. 10% of [the delinquent amount] if the employer’s delinquency is the second (2nd) delinquency in the prior 12-month rolling period.



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c. 20% of [the delinquent amount] if the employer’s delinquency is the third (3rd) delinquency in the prior 12-month rolling period.

d. 40% of [the delinquent amount] if the employer’s delinquency is the fourth (4th) delinquency in the prior 12-month rolling period.

e. The consequence of the failure to make delinquent payments by the 15th of the month will result in the removal of workers from the delinquent Employer by the Local 12 Business Manager until payments are made in full inclusive of all unsettled accrued interest. All Employees will be reimbursed lost wages before being permitted to return to work for that shop. Such reimbursement shall be made by the delinquent Employer and shall be limited to two (2) days’ pay. The Chairman and the Co-Chairman of the funds shall be notified of such action. For amounts delinquent as of the 15th of the month, interest shall be imposed at the rate of 18% per annum, with a minimum interest payment of $100.00 per day, retroactive to the 8th of the month. This schedule will be provided by the Local 12 Fund Office detailing the total payment required inclusive of interest for a period of 30 days.

f. The Local 12 Funds shall notify the employer’s bonding company of a default by the employer as follows:

1. On the 30th of the month (if the delinquency persists until the 30th of the month), if the delinquency is the employer’s only delinquency in the prior 12 month period.

2. On the 15th of the month if the delinquency is the employer’s second or greater delinquency in the prior 12 month period.

6. Each Employer will furnish a monthly report of the Employers contributions to the Administrator of the Funds no later than the 8thday of the following month. Dues check-off reports are due on a weekly basis. The Fund Office shall send the Employer whose report is delinquent a letter advising him of his delinquency. If the report is not furnished within ten (10) days of the date of the letter, the Union shall have the right to send in auditors to make the summary reports and the cost of these audits are borne by the delinquent-reporting Employer. 7. Each Employer shall be bound by the terms and conditions of the Industry Fund and the Agreement and Declaration by and between the Building and Construction Trades Council of Greater New York, the Building Trades Employer’s Association of the City of New York, and the General Contractors Association of New York Inc. creating the New York



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Building and Construction Industry Board of Urban Affairs Fund and all By-Laws adopted to regulate the Fund. 8. The Union has the right to reallocate contribution amounts as increases or decreases among all Local 12 Funds. However, the Union and Association must agree to any and all reallocation that would decrease the then existing contribution levels of the Pension Fund, Welfare Fund and/or the AJEF before such reallocation can take effect. The Union has the right to allocate contribution amount increases among any of the Local 12 Funds, without the approval of the Association.

The Trustees of the Welfare Fund and the Trustees of the Pension Fund are hereby authorized to allocate irrevocably from time to time to the Pension fund such portion of the contribution to the Welfare Fund as such Trustees may determine is necessary to provide for the Pension benefit program adopted by the Trustees of the Pension Fund. The various funds shall provide benefits to those officers, business agents and Employees of the Union and of the various Funds, for whose benefit the Union or the Funds shall pay Employer Contributions to the funds in the same amounts as are contributed by Employers on the wages of Employees working a full week. 9. The workweek shall commence on Monday and end on Sunday twelve (12:00) midnight and all mailings of checks shall be postmarked no later than twelve (12:00) noon, Tuesday following. In cases where the checks are received late the Employer was is in violation by not mailing or hand delivering the check within the prescribed time and/or if the check “bounces”, the Employer shall be accessed a penalty imposed of $100.00 dollars and/or for the first occurrence to each member affected: $250.00 2nd, $500.00 3rd, in addition to the penalty of one (1) day’s waiting time. When holidays fall on Monday or Tuesday, the Employer shall mail checks no later than Wednesday twelve (12:00) Noon. 10. Any union member shall be entitled to request assistance from the Employer in the event they have difficulty cashing their payroll check or if they have problems receiving a payroll check in the mail. Such requests shall not be deemed grounds for dismissal. No Employer shall use personal checks to pay any Union Member for any reason. Every Employer must use their Insulation Contractor Payroll Checks; any Employer not doing so will be subject to a fine of one thousand five hundred dollars ($1500.00) or three (3x) times the infraction whichever is greater. All job sites with six (6) or more Employees, checks will be delivered on the job site by the end of the regular workday, on Wednesday.



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The Trade Board shall have the right to prohibit metered mail. Pay stubs or envelopes shall list the following: Overtime hours, single time (1x) hours, gross wages, expenses, Federal Tax, State Tax, FICA, Disability, Vacation Fund, Union Dues, and show the month, day and year. Employers found to be habitual offenders in late mailing of checks shall be brought before the Joint Trade Board. The Joint Trade Board may then direct these Employers to deliver the checks to the job sites. Any Employer issuing a bounced check for wages or funds due, within this Agreement, will be charged one hundred dollars ($100) plus bank fees, if an Employer bounces a check a second time within the contract period, the Employer must make all future payments by Certified Bank Check. 11. If any Employee is laid off during the workweek, he shall be paid by check on the job site. If discharged for cause, a check will be sent as per regular payroll cycle. Failing to be paid, the Employee will be entitled one (1) day waiting time. 12. An Employee must be notified not later than thirty (30) minutes prior to the end of any workday when terminated or termination should be effective at time of notification. Conversely, the Employee must notify the Employer not later than twelve (12:00) noon on the day he is terminating except where there are extenuating circumstances. Employees who are absent from job site between eight (8:00) A.M. and twelve (12:00) noon and between twelve thirty (12:30) p.m. and three thirty (3:30) p.m. shall be docked for time absent. Any layoff by the Employer will require the Employer to notify the Union with a layoff slip and he must also supply the member with a layoff slip. The slip shall contain the reason for the layoff. Employers shall notify employees of assignments for job sites not later than 6:00 p.m. for the next work day. 13. Apprentices shall not be eligible for the mechanic’s examination until after having worked for four (4) years in the trade, in accordance with the Local 12 AJEF Apprenticeship Standards. Interim Mechanics shall not be eligible to advance to future wage scale increase(s) in effect until satisfactorily completing four (4) Mechanic classes within one (1) year of their initial date of union enrollment. Interim Mechanics shall not be eligible to apply for a Local 12 Mechanic’s Evaluation until satisfactorily completing a total of eight (8) mechanic upgrade classes and receiving certification(s) for the following: Scaffold, Firestopping and OSHA -10 hour safety courses. 14. Employees directed by the Employer to report to a job or shop, who fail to be given employment, shall be paid two (2) hours show up time plus zone expenses. Show up time on Saturday, Sunday or Holidays shall be paid at the double time (2x) rate plus zone expenses.



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In order to qualify for two (2) hour’s show up time the Employees are required to stay on the job for two (2) hours if requested by the shop. 15. There shall be a seventy ($.70) cents per hour Insulation Industry Promotional Fund for ICANYC Members, and provide for a minimum contribution by every employer of $350.00 per month (irrespective of the hours worked) except for “job site agreements” effective 7/01/14. Payments into the fund shall be made monthly. It is understood that the seventy ($.70) cents per hour does not conflict with wage guidelines and is not part of the wage package. Remittance of Five (5) cents per hour will be allocated towards the Labor Management Cooperative Trust (LMCT) and an additional five (5) cents per hour submitted to the International Apprentice and Training Fund. 16. The Employer agrees that, upon receipt in writing, it will deduct a dues check off in the amount prescribed by Local No. 12 from his Employee’s gross wages including the Vacation Fund, PAC Fund, Target Fund and International Assessment Fund. Such duly executed authorization shall be delivered by Local No. 12 to the Employer Association and shall be in such form and content as is required by Federal and State law. Once the Union receives the dues check from the Employers, the Union agrees to indemnify and hold harmless the Employer from any claims arising out of the deduction of a dues check off.

ARTICLE IX: UNIFORM EXPENSE SYSTEM Effective 7/1/14 there shall be a new uniform expense system established that pays a Local 12 Member $10.00 per day worked. Employers shall pay all reasonable expenses incurred by employees traveling from one job site to another in/during the same day.

Outside of Local 12’s jurisdiction within twenty five (25) miles from Columbus Circle, expenses shall be ten ($10.00) dollars per workday minimum. Over twenty five (25) mile expenses shall be ten dollars ($10.00) per workday minimum and when men are boarding on jobs, they shall receive all transportation and boarding expenses expended. Original and terminal travel time to boarding job shall be paid at single rate of pay.

ARTICLE X: JURISDICTION OF WORK This Agreement covers the rates of pay, rules and working conditions of all Mechanics and Apprentices covered by this Agreement, regardless of the location of

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their employment within the jurisdiction of Local No. 12, when they are engaged in the preparation, fabrication, alteration, application, erection, assembling, molding, spraying, pouring, mixing, hanging, adjusting, repairing, dismantling, reconditioning, maintenance, finishing and/or weatherproofing of cold or hot thermal and or acoustical insulation with such materials as may be specified when these materials are to be installed for thermal purposes in voids, or to create voids, or on either piping, fittings, valves, boilers, ducts, flues, tanks, vats, equipment, fire stops and seals, walls, ceilings, and beams, or any hot or cold surfaces for the purpose of thermal control. This is also to include all labor connected with the handling and distribution of all materials and equipment of job premises and all other such work that is within the jurisdiction of Local No. 12.

Both parties agree to be subject to the New York Plan for Settlement of Jurisdictional Disputes under the Building Trades Employers Association and the Building Trades Council of Greater New York.

ARTICLE XI: EMPLOYMENT PRACTICES

Employees shall be considered “at work” for a shop from the time they accept employment and that they shall proceed to and execute said work in a faithful workmanlike manner and not quit same until after reasonable notice has been given to the Employer as defined in Article VIII.

On all jobs, the Foreman is to receive a written work order from the Employer detailing the scope of the work to be done. Where a work order is not furnished the work shall be installed according to the Local 12 Code of Workmanship.

Authorized shop personnel (as noted in Article III: Section 4.) shall be the only representatives of a shop to hire or lay off personnel. Since authorized shop personnel are assigned that responsibility, the person(s), name(s), and title(s) must be on file in the Local 12 Union Office prior to termination. Any lay-off that takes place over the phone is deemed unauthorized.

ARTICLE XII: BONA FIDE SHOP

Local 12 shall have a permanent office address with telephone service, where their Business agent or authorized officer can be communicated with between eight (8:00) a.m. & three thirty (3:30) p.m. each working day for purpose of answering inquiries and providing necessary service to the trade. A bona fide shop shall be an office

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with a telephone listing and name on the door where service to the trade shall be available between nine (9:00) a.m. & five (5:00) p.m.

ARTICLE XIII: PIECEWORK

Local No. 12 agrees that there shall be no limitations or restrictions placed upon the individual working efforts of the Employees. The Employer agrees that there will be no piecework of any kind, with respect to paid by the foot, square foot, roll or section. Complaints arising from inferior workmanship shall be referred to the Joint Trade Board and all found contributing to it penalized.

ARTICLE XIV: DURATION AND TERMINATION

This Agreement shall begin July 1st, 2014 and remain in full force and effect until midnight of June 30, 2017 and unless written notice is given by either the Union or the Employer to the other at least three (3) months prior to June 30th 2017 of a desire to change or terminate this Agreement, the Agreement shall continue in effect for an additional year. The Agreement shall then remain in effect from year to year thereafter subject to termination at the expiration of any such contract year upon written notice by Certified Mail/Return Receipt Requested, given by the Union or the Employer to the other at least four (4) months before the contract year expires. Any such notice provided for in this Article, whether specifying a desire to terminate or change at the end of the current contract year shall have the effect of terminating this Agreement at such time. In the event of an economic collapse of the construction market within Local 12’s jurisdiction, Local 12 and the ICA of NYC reserve the right to open this CBA once during a three period, if mutually agreed that it would benefit the industry.

ARTICLE XV: SEVERABILITY AND SAVINGS CLAUSE Any portion of this Agreement found to be in violation of existing Federal or State law shall become inoperative and the remainder of the Agreement shall continue in full force and effect. If any portion of this agreement shall become inoperative, then the parties will negotiate in good faith to address the provision that is inoperative (and only that provision).

ARTICLE XVI: SHOP STEWARD A job steward shall be a working Employee selected from the employees on the job site. The Business Agent or the Business Manager shall appoint him. The Employer



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agrees to allow the Steward on the job site with six (6) or more men a reasonable amount of time for the performance of his duties. This time shall not exceed one (1) hour per day. The Employer shall assign overtime to the job Steward when two (2) or more Employees are required for such overtime work on jobs with six (6) Employees or more. The job Steward once placed shall be the second (2nd) to last man on the job. For each month commenced within six months after an employer first becomes signatory to the CBA, the second employee on the job shall be a shop steward appointed by the union from the long term unemployed unemployment list. The shop steward appointed under this provision shall be the last employee laid off at the job site. If all employees are laid off, the first employee rehired shall be the shop steward appointed by the union under this provision (or, if unavailable, a substitute shop steward appointed by the union from the long term unemployment list). The employment obligations shall remain in effect until the shop steward is employed at the job site for no less than 70 hours per month for a period of six (6) continuous months. Local 12 reserves the sole right to replace a member for any reason. 1. When the Union or the Insulation Contractors Association believes an Employer is in violation of the Trade Agreement, the Union or Association will contact the Shop Steward Committee which shall consist of two (2) members from the Employer Association, and two (2) representatives of the Union, to decide whether the placement of a shop Steward(s) by the Union is warranted. This committee will schedule a meeting within two (2) working days of the complaint. Examples of some violations of the Trade Agreement, not inclusive, will be described in the minutes and will constitute the intent of this section. If the Shop Steward Committee agrees, the Union will appoint a Shop Steward who shall be employed by the Contractor regardless of the number of employees in the shop who shall be employed by the Contractor. The Shop Steward shall be a working Insulator who shall act on behalf of the interests of the Union and whose duties shall not interfere with the work he is employed to perform by his employer. The Union will have the right to so designate on any of said contractor’s jobs for a minimum of three (3) months from the time the permission is granted by the Shop Steward Committee and is subject to renewal by the Shop Steward Committee. The Shop Steward will be the second (2nd) to last Local 12 member employed by the shop. When the Employer of a Shop Steward has any overtime, the Shop Steward must be included in the overtime.



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If no agreement is reached by the Shop Steward Committee so designated to address placement of Stewards, the Union’s or Association’s Contractor request to appoint Shop Steward(s), will be forwarded to the Joint Trade Board for decision. The meeting of the Joint Trade Board shall take place within fourteen (14) days of the grievance. 2. Each employer agrees that on job sites with two (2) or more Local 12 Employers, the Shop Steward Committee will decide whether the placement of a job site Steward is warranted. When so decided the Committee will designate which Employer will receive the job steward. When the job site has any insulation work to be performed on overtime, the job Steward will work for the Employer performing the overtime. The job Steward will be the second (2nd) to last Local 12 member on the job site. When there is a seventh (7th) man (mechanic) on a Multi-Employer job site, there shall be a shop Steward assigned to the project. The Member will be selected by the Business Manager or Business Agent of the territory. The Employer may request a transfer of the Shop Steward to another job site in cases of business necessity and the Union retains the right to assign another shop Steward when the transfer is approved.

ARTICLE XVII: VIOLATION OF AGREEMENT 1. In order to protect and preserve for the Employees covered by this Agreement all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type covered by this Agreement under its own name or under the name of another, as a corporation, company, partnership, or any other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, any management, control or ownership, the terms and conditions of this Agreement shall be applicable to all such work. 2. All charges of violations of any paragraph of any section of this contract shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the



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Arbitrator (or arbitral body) provided in this Agreement is empowered, at the request of the Union, to require an Employer to;

(a.) pay to affected Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such Employees as a result of the violations, and (b.) pay into the affected Joint Trust Funds established under this Agreement any delinquent contributions to such funds which have resulted from violations. Provision for this remedy is available to the Union for a violation of this section; nor does it make the same or other remedies unavailable to the Union for violations of other sections or other articles of this Agreement.

3. If, as a result of violations of this section, it is necessary for the Union and/or the trustees of the Joint Trust Funds to institute court action to enforce an award rendered in accordance with section (b.) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountant’s and attorney’s fees incurred by the Union and/or fund trustees, plus costs of the litigation, which have resulted from the bringing of such court action.

4. Employers found guilty of conspiring with members to violate the CBA must also

pay sum equivalent of member’s fines, in addition to trade board costs, fines and accountant fees—and be subjected to an annual audit for a mandatory period of no less than three (3) years.

ARTICLE XVIII: AUDITING The Employer shall make available to the auditors of the Funds provided for in this Agreement, within ten (10) days after written notice is received from the auditors any and all records which, in the discretion of the Trustees of said Funds, may be required in connection with the sound and efficient operation of said Funds or to determine whether the Employer has made the contributions it is obligated to make pursuant to this Agreement. The Employer shall also make available any and all records of any affiliated or related company, for inspection and audit, which in the discretion of the Trustees of said Funds may be required to determine whether the Employer has made the contributions it is obligated to make pursuant to this Agreement. Failure of the Employer to make records available to the auditor shall constitute a breach of this Agreement and upon ten (10) days written notice to the Employer, the Union, notwithstanding anything to the contrary contained in this Agreement, shall have the right to strike and remove its members from the job or jobs of such Employer until the Employer shall make the records available to the



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auditors and also pays the Employees who are on strike their regular rate of pay for all time lost during such strike. If, after the service of a ten (10) day demand to comply with the above procedures and/or to pay a delinquency reported in an audit, no response or payment is received, Fund Counsel may:

(i) Commence arbitration proceedings to collect the full amount of the contribution delinquency pursuant to Article V. of this Agreement. Upon written request of no less than seven (7) days prior to a hearing, a one-time postponement may be granted by the Fund’s attorneys for a maximum of 30 calendar days. If the Employer fails to respond or appear/participate in the arbitration proceedings, an Arbitration Award will be rendered against the delinquent Employer that will include where appropriate the delinquent contributions due to the Funds, arbitration costs, expenses and penalties of twenty five hundred dollars ($2,500.00), interest at eighteen percent (18%) per annum, liquidated damages of twenty percent (20%) of the delinquent contributions, attorneys’ fees of twenty five percent (25%) of the delinquent contributions and actual audit costs. If the Employer failed to submit to an audit, the Arbitrator may direct the Employer to submit to an audit and, in addition, may include in his/her Award additional fees and expenses, including, without limitation, reasonable attorneys’ fees, costs associated with attempting the audit and the arbitration costs, expenses and penalties described above; or

(ii) Serve a Joint Trade Board Demand and Hearing Notice on the Employer, indicating the amount of the contribution delinquency and the time, date and place of the hearing. Upon written request of no less than seven (7) days prior to a hearing, a one-time postponement may be granted by the fund(s) attorneys for a maximum of 30 calendar days. If the Employer fails to respond or appear/participate in the Joint Trade Board proceedings, a Trade Board Decision and Award will be rendered against the delinquent Employer that will include where appropriate the delinquent contributions due to the Funds, Joint Trade Board costs, expenses and penalties of twenty five hundred dollars (2,500.00), interest at eighteen percent (18%) per annum, liquidated damages of twenty percent (20%) of the delinquent contributions, attorneys’ fees of twenty five percent (25%) of the delinquent contributions and actual audit costs. The Joint Trade Board will cause the Decision and Award to be served on the Employer with a demand letter, giving the Employer ten (10) days to comply with the Decision and Award. If the Employer failed to submit to an audit, the Joint Trade Board may direct the Employer to submit to an audit and, in addition, may include in its Decision and Award additional fees and expenses as decided by the Trade Board, including, without limitation, reasonable



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attorneys’ fees, costs associated with attempting the audit and Trade Board expenses as above. Should the employer fail to comply with the Decision and Award issued by the Arbitrator or the Trade Board, the Local 12 Business Manager may remove the workers from the delinquent Employer until the delinquent Employer makes full payment of all amounts due and owing under the Decision and Award. Also, a proceeding to confirm the Decision and Award to a Judgment may -- at the sole discretion of the Union and the Trustees -- be filed in New York State Supreme Court, Nassau County or in any other court of competent jurisdiction.

ARTICLE XIX: LABOR MANAGEMENT COMMITTEES There shall be a Labor/Management Committee to meet quarterly, consisting of (3) Local 12 representatives and (3) Association and or Independent Contractors to review ideas to improve the industry. This same Committee shall meet quarterly to discuss and help place individuals identified by the Union as “long term unemployed”. Ideas to be discussed include, but are not limited to: 1. Job placement for long time unemployed members. 2. Providing reduced benefits for long time unemployed members. 3. Training for members in the duties of shop stewards, safety and other matters

pertaining to the shop steward clause, Article XVI. 4. Job Targeting.

ARTICLE XX : AJEF The Apprentice-Journeyman Educational Fund of Heat and Frost Insulators Local 12 was established by Agreement and Declaration of Trust (the "Trust Declaration") dated July 1, 1991 for the purpose of collecting and administering the Employer Contributions in order to provide the benefits intended thereby for Employees covered by this Agreement. The required contribution to the Fund shall in all respects be made in the same manner and method as the other fringe benefit contributions provided for in this Agreement. Any employer who enters into a joint venture with another employer may not reassign any apprentice to the other’s

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payroll. Apprentices will not be loaned, traded or hired by any other employer once they have been assigned by the Business Manager.

ARTICLE XXI: WORK AND SAFETY METHODS 1. An Employer under this Agreement shall be permitted to perform drug testing (screening) when such a duty to do so is imposed by law or a specific bid requirement of a utility as defined in the Public Service Law of the State of New York and then only in strict compliance with said law in particular as to procedures and safeguards of individual rights and after notice to the Union. There shall be no strike or lockout in the event that the parties do not reach agreement on the reopening. 2. Both signers agree to execute their work in accordance with the Code of Workmanship as established by the International Association of Heat and Frost Insulators and Allied Workers Local No. 12. 3. The Employers agree to furnish lockers or tool boxes, and adequate supplies of ladders, scaffolding, suitable gloves, staple guns, power tools, pop rivet guns, mechanical lifts, and necessary equipment for the proper progress of the job must be made available at the job site by the Employer. Employers shall also supply saws, knives etc., for the proper application of foam glass and all tools as needed when working with stainless steel. In case of fire on the job site, Employers shall be held responsible for the loss of tools and clothing caused by the fire except that the first ten dollars ($10.00) of such loss shall not be reimbursable. All claims shall be substantiated. Contested claims shall be submitted to the Trade Board for adjudication. Failing to supply lockers or toolboxes the Employer will be held responsible for the loss of any tools or clothing, and the Employee shall be reimbursed for such loss not later than thirty (30) days after occurrence. The Employer will furnish a Shanty or Trailer with heat and electricity for projects that require five (5) or more employees when the project is expected to continue for a minimum duration of sixty (60) calendar days, so workers can change into and out of their work clothes. The Employer shall furnish sufficient and non-toxic hand cleaning materials to the Employees. The Employer will supply men with mixing pails not over a twelve (12) quart capacity.



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It is agreed that the Employers will issue to their Employees the respirators specified for use for Asbestos workers by the Research Team at Mt. Sinai Hospital such as: x The Model R1040 Dust Demon Throwaway Respirator (single use) by the

American Optical Co.

x Model 8710 Respirator by the 3M Co. (single use)

x Model 7165 Respirator by the Welsh Manufacturing Co. (single use). These masks are for use in locations and under the job conditions as prescribed by OSHA. 4. The shipment of insulating cement in bags or containers shall not exceed

fifty (50) pounds. Any materials over fifty (50) pounds shall have the required manpower for handling.

5. Safety and sanitary regulations as required by OSHA and shall be rigidly

adhered to by both parties to this Agreement. 6. The Employer shall supply all Employees with one (1) pair of coveralls,

one (1) pair of footwear on spray jobs using polyurethane or insulmastic where fifty five (55) or more gallons is to be applied.

7. There is to be a minimum of two (2) Employees working together on site

applying to all Buildings and Facilities in the Industrial or Steam/Electric Power Generation Plants. No Employee shall be permitted to work alone. Employees must be in close proximity to each other so that can either hear each other or be in unobstructed sight of one another. This requirement shall also apply when work is performed in hazardous conditions such as shafts, hung ceilings, tunnels, confined space crawl spaces, hazardous roof jobs, and inside annulus spaces of tanks such as L.N.G. etc. and in addition anytime elevations are twenty five (25) feet or above. In addition to the above provisions the parties must adhere to any and all OSHA or site specific safety codes.

8. Where the Business Manager/Business Agent(s) has a serious concern

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Employer disagrees with the Business Manager’s request for a second Employee, the particular kind of work or area of the job believed to be dangerous will be shut down or, in the alternative, the Employer may assign a second Employee, until the matter is resolved by expedited arbitration, as follows: the matter will be referred to expedited arbitration as set forth herein solely on the issue of whether a jobsite condition poses a serious risk to the safety of an Employee working alone such that a second Employee is required. A hearing shall be held, and a decision rendered, as soon as possible but in no event more than forty-eight (48) hours after the Business Manager declares the work or site unsafe for one Employee.

ARTICLE XXII: CORPORATE PAPERS

All Employers must have corporation and or ownership papers on file with the Union. The Union will furnish copies to the Fund Office and the Fund Attorney.

ARTICLE XXIII: INSURANCE AND OTHER COVERAGE The Employer shall carry Federal Social Security, Workmen’s Compensation Insurance, Unemployment Insurance and State Disability Insurance to cover each individual Employee. The Employer shall furnish a rider or Photostatic copies of all necessary Certificates of Insurance. ARTICLE XXIV: WAGE and FRINGE GUARANTEE BONDS and CLIENT ESCROW ACCOUNT The Employer shall furnish adequate proof of financial responsibility by maintaining a bond deposited with the International Association of Heat and Frost Insulators and Allied Workers in Washington or a proper wage and fringe guarantee bond on file with Local No. 12. Prior to signing the Collective Bargaining Agreement an Employer must have a Bond or assets in the Local 12 Client Escrow Account in place in the following amounts:

1 - 3 members employed- $40,000 bond or $35,000 in the C.E.A.; 4 - 6 members employed- $60,000 bond or $55,000 in the C.E.A.; 7 - 15 members employed- $110,000 bond or $90,000 in the C.E.A.; 16 - 25 members employed- $140,000 bond or $120,000 in the C.E.A.; 26 - 40 members employed- $180,000 bond or $150,000 in the C.E.A.; 41 + members employed- $250,000 bond



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Employers who have been obligated to make contributions to the funds for fewer than 5 consecutive prior years, shall be required to post bonds and/or deposit escrow funds at one and ½ times (1.5x) the contractual amount. Bond and C.E.A. amounts will be based on the Employer’s manpower average over the previous ninety (90) day period, and will be reviewed quarterly. If the Employer’s manpower average decreases by the end of that quarter while maintaining the appropriate amount of employees below the current bond limit, that Employer may request to have their bond requirement adjusted accordingly and the Union may approve the request, in its discretion, but only after the Employer has supplied the appropriate documentation to support the request (and such request shall be made accordingly).

An Employer may submit a request to lower the amount of the bond requirement applied to the shop, provided a satisfactory audit of the employer’s payroll records has been completed by the Fund(s) Accountant within the last thirty (30) days. If an audit has not been completed thirty (30) days prior to the request the Employer must compensate the Fund(s) Accountant for the cost of the audit procedure. Any Employer appearing on the delinquent list for a third (3rd) time must increase its bond amount to the next level. Based on hours paid during the pay period, the Business Manager has the right to raise the Employer’s current wage and fringe guarantee bond or C.E.A. to the next bond or C.E.A. level in order to prevent the Employer from becoming overexposed to the Benefit Fund(s). The Union will maintain copies of bonds or C.E.A. and all related records and will enforce the provisions of this Article. The Employer shall have ninety (90) days to update a bond or C.E.A. after notification of a revised bond or C.E.A. amount, provided the shop is not delinquent in the fund(s) payments. Employers having an International bond shall secure an additional bond or C.E.A. in the amount necessary to meet these requirements. Employers failing to post required bond or C.E.A. will have Employees removed from the shop until proper bond or C.E.A. is posted.

ARTICLE XXV: MISCELLANEOUS 1. International Maintenance Agreements will apply wherever applicable. 2. The Union shall not send Members to any Employer who is not a Collective Bargaining Agreement signatory, and has not posted appropriate bond, with the



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exception of a Job Agreement. The Union shall furnish a listing of all Job Agreements including job locations and man hours, to the ICA Executive Director. 3. Local 12 will implement and operate the Market Recovery Program. Employers’ signatory to the Local 12 Collective Bargaining Agreement must contact the Business Manager at Local 12 to advise him of the request and the specifics at least one week in advance of the bidding deadline in order to be eligible to participate in the program. The list of policies and procedures are available from the Local 12 Union Office.

4. The Chairman and Co- Chairman of the Board of Trustees shall be notified within five (5) business days when a new Employer is signed by the Union. All newly signed Employers shall be required to attend a minimum of one (1) Employer Training Session, to be held by the Insulation Contractors Association of Greater New York. The Union will provide four (4) Union Orientation training classes by the Union Officers to all newly organized members during their first year along with an additional four (4) Trade application classes. 5. Employers must participate with the union on enforcing the QCC Standards on job sites in accordance with the IAHFIAW PCCC/QCC Program when job sites for which an employer holds a contract with a total value of more than $2.5 million or multiple employers holding contracts which collectively have a value of more than $10,000,000.00 million dollars.

ARTICLE XXVI: FAVORED NATIONS CLAUSE In the event the Union shall grant or permit any entity engaged in performing work covered by this Agreement more favorable terms or conditions than those provided for in this Agreement, then one or more Employers covered by this Agreement may:

(1.) Deem such more favorable terms or conditions to be part of this Agreement and/or; (2.) Require that the Union retroactively retract (from its inception) such more favorable terms or conditions granted or permitted to such Employer, including the payment of additional wages and benefit contributions if such more favorable term or condition concerned such payments or contributions. This clause will not apply to work performed under approved National Maintenance Agreements, General President Agreements, or any other industry wide agreement s sanctioned by the BCTC (whether covering single or multiple



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sites). This clause also shall not apply to the bonding or term provisions of any Job Site Agreement (but shall apply to all other provisions). This clause also shall not apply to the wage and benefit provisions of the Market Recovery Program, but shall apply to all other provisions.

ARTICLE XXVII: LANGUAGE OF AGREEMENT The use of the masculine or feminine gender in this Agreement shall be construed as including both genders. Any provision of the collective bargaining agreement that applies only to “ICA Members” shall not apply to any ICA Member who is not in good standing with the ICA pursuant to its by-laws. The ICA shall timely notify the Local 12 Office of ICA members who are not in good standing.

An owner-operator cannot be enrolled in the AJEF Program and any apprentice who accepts a managerial position with an employer must resign from the apprenticeship program or shall be terminated for failure to resign.

ARTICLE XXVIII: EARNED SICK TIME WAIVER

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For the Party of the first Part:

THE MEMBERS OF THE INSULATION CONTRACTOR ASSOCIATION OF NEW YORK CITY INC:

I.C.A.N.Y.C. INC. 229 SOUTH STREET

OYSTER BAY, NEW YORK 11771 TELE FAX PRESIDENT / JOSEPH P. LEO JR.__________________________________ SIGNATURE ____________________________________________________ SECRETARY TREASURER / AL DURANTI____________________________ SIGNATURE____________________________________________________ For the Party of the Second Part:

THE INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS

& ALLIED WORKERS LOCAL UNION NO. 12: 35-53 24th STREET, LONG ISLAND CITY, NEW YORK 11106 - 4416

TELE FAX BUSINESS MANAGER / MATTHEW P. ARACICH _____________ SIGNATURE _________________________________________ PRESIDENT / ANTHONY FAGIOLO _________________________ SIGNATURE____________________________________________________ UNION SEAL DATE: ________ /________/___________

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AGREEMENT OF WORKING CONDITIONS BETWEEN … 12... · ARTICLE XX AJEF 23 ARTICLE XXI WORK AND SAFETY...

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