INDEPENDENT
HEAVY CONSTRUCTION
DOCKBUILDING
MARINE AND FOUNDATION
AGREEMENT
BETWEEN
AND
THE DISTRICT COUNCIL FOR THE
NEW YORK CITY AND VICINITY
OF THE UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS
OF AMERICA,
AFL-CIOFOR
DOCKBUILDERS LOCAL
UNION No. 1456
JULY
1, 1996 - JUNE 30,2002
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Work Stoppage far Default in Fringe Benefit Fund Contributions |
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THIS AGREEMENT made this_________________________ day
Of__________199____ , effective July 1, 1996. by and between
"Employer"
and the
DISTRICT COUNCIL OF CARPENTERS OF NEW YORK CITY
AND VICINITY OF THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA, affiliated with the
AFL- CIO, Washington. DC. (hereinafter "Union" and/or "District
Council") for the Dockbuilders. Pier Carpenters, Shorers, House
Movers. Pile Drivers, Divers. Tenders arid Foundation Workers arid
Marine Constructors Local Union 1456.
NOW, THEREFORE, in consideration of the mutual promises and
covenants hereinafter set forth, the parties agree as follows:
Purposes - Declaration of Principles
Section 1 - Purposes top
The purposes for which this Agreement is entered into are as follows:
(a) prevent strikes and lockouts;
(b) facilitate peaceful adjustment of grievances and disputes between the Employer, Employee and Union;
(c) prevent waste, unnecessary and avoidable delays, which result in unnecessary costs and expense to the Employer and Union, and the loss of wages and fringe benefits to the Employee;
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(e) provide as far as possible for the continuous employment of labor;
(f) provide that employment hereunder shall be in accordance with conditions and at wages and fringe benefits herein agreed upon;
(h) keep costs of work in the Heavy Construction and Marine Diving and Tender work in the Industry as low as possible consistent with fair wages and proper working conditions, as provided for hereunder;
(i) continue the custom and practice heretofore prevailing for many years on Heavy Construction and Marine Diving and Tender Work of the agreement, as to the terms and conditions of employment, and as to the necessary procedure for amicable adjustment of all disputes or questions that may arise.
Section 2 - Declaration of Principles
Both parties to this Agreement acknowledge that this Agreement is the uniform agreement for the Heavy Construction and Marine Diving and Tender Work and its execution will further the interests of said Industry. This Agreement will be interpreted under the following principles:
(a) that there shall be no limitation as to the amount of work an Employee shall perform during his working day, it being understood that said Employee shall perform a fair and honest day’s work, within the limits of safety;
(b) that there shall be no restrictions on the use of machinery, tools or appliances, within the limits of safety. If an Employee is required to use power actuated tools, he is to be qualified to use said power actuated tools by securing from the tool manufacturer, or equally responsible certifying agency agreed upon by both parties hereto, an Operator’s Card or similar proof of qualification. and the Union shall cooperate with the Employer and tool manufacturer in having the Employee expeditiously qualified. No power actuated tool shall be used that has not been previously approved by the New York City Board of Standards and Appeals;
(c) that there shall be no restriction on the use of any raw or
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manufactured materials, except prison made;
(d) that no person shall have the right to interfere with Employees or workmen during the working hours;
(e) that Employees are at liberty to work for whomsoever they see fit, and they are entitled to and shall receive the wages and fringe benefits agreed upon as hereinafter set forth in this Agreement;
(t) the Employers are at liberty to employ and discharge whomsoever they see fit, providing that no person shall be discharged without good cause;
(g) that the Employer and the Union agree that they have not, and will not discriminate because of race, creed, color, national origin, age, sex, disability, marital status, sexual orientation citizenship status or union membership against any individual.
For the purposes of this Article, "citizenship status" means the citizenship of any person or the immigration status of any person lawfully residing in the United States who is not a citizen or national of the United States.
Section 3 - Completeness of Agreement top
It is understood that the Purposes and Declaration of Principles, herein set forth, are a part of this Agreement and said Purposes and Principles govern all parties hereto in the performance thereof and shall be complied with as conditions of this Agreement. The parties hereto enter into this Agreement and agree to carry out, conform and to comply with its terms and provisions as provided and set forth herein by reason of the mutual advantages of so doing and in order to effectuate and provide for the carrying out and putting into effect, during the term hereof, the Purposes and Principles of this Agreement.
Jurisdiction top
The Employer hereby recognizes the Union as the exclusive collective bargaining representative of all Employees covered by the jurisdiction of the Union as described herein. This Agreement shall
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cover work performed by or on behalf of a signatory Employer hereto in the Heavy Construction field, as hereinafter defined in Article VIII, when said work is to be performed in whole, or in part, within the territorial jurisdiction of the Union. Said jurisdiction shall include:
In New York State, the Counties of:
Albany |
Orange |
Bronx |
Putman |
Dutchess |
Queens |
Westchester |
Richmond |
Kings |
Rockland |
Nassau |
Schenectady |
New York |
Suffolk |
Troy and the City of Troy |
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and all areas covered by the Albany District Council of Carpenters and all counties and
parts thereof:
All the Islands in and all the waters of the adjacent harbors, the Rivers, Bays. Long Island Sound and the Atlantic Ocean. Also, in the State of New Jersey, the following Counties:
Bergen |
Morris |
Essex |
Passaic |
Hudson |
Union |
Hunterdon |
Somerset |
Mercer |
Sussex |
Middlesex |
Warren |
Monmouth |
All of the Islands in and the adjacent Harbors, Rivers. Bays Delaware River and the Atlantic Ocean.
If the Employer engages in any class of work not embodied in Heavy Construction Dockbuilding and Marine Foundation Work, as hereinafter defined, both parties shall comply with all of the Union conditions then existing in that class of work.
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Union Security - Union Visitation
Section 1 - Union Security top
All Employees who are members of the Union at the time of the signing of this Agreement shall continue membership in the Union. All other Employees covered by this Agreement must become members of the Union on or after the seven (7) days following the beginning of employment or the date of this Agreement. whichever is later, and must maintain their membership in good standing in the Union as a condition of continued employment. If the provisions for union security clauses are modified by Congress during the term of this Agreement, this clause alone will be open for negotiation.
Section 2. Union Visitation
Authorized Representatives of the Union shall be allowed to visit jobs and interview the Employer and Employees covered by this Agreement, but shall in no way interfere with or hinder the progress of the work.
Term-Renewal top
This Agreement shall continue in effect until and including June 30,
2002.
Disputes
Section 1 - No Lockout - Strike - Work Stoppage top
It is hereby agreed that no question or dispute or breach of this Agreement, which may be caused by any of the parties hereto, shall be the occasion for or cause of any lockout, strike or work stoppage. The Employer expressly agrees that it will not lock out its Employees covered by this Agreement. The Union expressly agrees not to strike or in any other manner stop or hinder work covered by this Agreement. It is agreed that under no circumstances shall there be strikes, lockouts, or work stoppages, both parties agreeing to settle any question or dispute that may arise from any
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of the parties hereto by submitting same for determination as herein provided, with the express agreement that the parties hereto will honor, obey, be bound by and carry 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 term of this Agreement except for:
(I) the Employer’s refusal to submit a matter to arbitration, pursuant to the arbitration clause of this Agreement,
(2) the Employer’s failure to comply with any decision of any Board of Arbitration established hereunder within twenty (20) working days after such decision, unless appealed to a court of competent jurisdiction which grants a stay, and,
(3) any other reason explicitly provided for in this Agreement.
Section 2 - Procedures of Grievance - Arbitration top
For the purpose of settling disputes between the parties hereto as to any claims or violation of this Agreement. or of any dispute or breach that may arise in connection therewith, or for construing the terms and provisions thereof, the following procedure is established:
(a) Either party may advise the other of an alleged grievance, in writing, and the party alleging the grievance may call for a meeting, at a place designated by the party calling the grievance. Both parties to the grievance shall be given full opportunity to be heard and present witnesses. At each grievance hearing, one of the arbitrators listed below will be chosen to hear the grievance should it reach the arbitration stage. If the grievance is not resolved, as set forth above, or if the agreement reached is not complied with by the guilty party within 24 hours after notification of the agreement, either party may proceed to arbitration immediately.
(b) Any grievance not resolved pursuant to (a) above, shall be submitted to arbitration before one of the following three arbitrators:
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The arbitrator shall conduct a hearing in such manner as he shall consider proper and shall serve as sole arbitrator of she dispute between the parties. The arbitrator shall have the right to conduct an ex parte hearing in the event of the failure of either party to be present at the time and place designated for the arbitration, and shall have the power to render a decision based on the testimony before him as such hearing. The decision of the arbitrator shall be final and binding upon both parties and may be entered as a final decree or judgment in she Supreme Court of the State of New York or in a court of appropriate jurisdiction in any state where such decision shall be rendered. The costs of arbitration, including the arbitrator’s fee, shall be borne equally by the Employer and the Union. It is the intent of the parties hereto that all disputes between them, both within and outside of the Agreement, shall be submitted to arbitration, as provided within, and that no defense to prevent the holding of the arbitration shall be permitted. Service of any document or notice referred to above, or service of any notice required by law in connection with arbitration proceedings, may be made by registered or certified mail.
(c) This Article is not, in any manner, meant to prohibit or restrict the Union’s right to strike or withhold services upon the expiration of this Agreement or any extension hereof or under the terms and conditions set forth in Article XI, Section 4 hereof.
Section 3 - Status Quo top
Until a decision shall have been rendered, neither party shall take any action of any character as to the complaint, statement or matter in question.
Jurisdictional Disputes top
Section 1 - Scope
(a) The Employers bound by this Agreement recognize the jurisdictional claims of the United Brotherhood of Carpenters and Joiners of America.
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Section 2 - No Work Stoppage top
It is agreed that where a jurisdictional dispute arises, there shall be no stoppage of work by trades affiliated with the AFL-CIO, and the trade in possession of she work shall proceed wish the job and the question in dispute shall be submitted by she trades to the Panel, authorized for settlement of jurisdictional disputes for decision.
Other Union Agreements
It is agreed that the Union and the Employer will carry out this Agreement in all details. regardless of whatever conditions and wages exist for members of any other Local Union, whether or not employed in Heavy Construction Dockbuilding and Foundation Work.
ARTICLE VIII top
Heavy Construction - Dockbuilding and Foundation Work
Heavy Construction Work, where referred to in this Agreement. is hereby defined as the Construction of Engineering Structures and Building Foundations whether land or marine exclusive of the Erection of Building Superstructures since this latter work is agreed to be a separate and distinct branch of the Construction Industry.
Dockbuilding. Marine and Foundation Work where referred to in this Agreement is hereby defined as the construction and/or performance of:
(a) Temporary or permanent timber trestles, bridges, waterfront boardwalks, caissons, cofferdams and drilling of same coal pockets, underpinning, shoring, dry packing for underpinning, lagging, slurry walls in conjunction with other trades, jetties constructed of wood, steel and concrete, cable laying in water. uplift anchors in foundation, caissons and cofferdams; riprap when placed with floating equipment, all in accordance with 1456 jurisdiction.
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drains, wick drain piles, augered in piles, included jetted in piles, load tests for all piling, whether manual or automatic. The pulling and extraction of all piles and the bracing of all work listed in subsections (a) through (n). All compaction and bearing piles where pile driving equipment is used.
(c) Guard rails and anchor bolts on all structures built by Dockbuilders and all structures used to restrain or contain tidal waters including sea walls and boom logs of any nature. The building and assembling of forms for pre-cast or pre-stressed structural shapes or units and also the setting of same pre-cast or pre stressed structural shapes or units pertaining to all work classified as within the jurisdiction of Local Union 1456 on the job site.
(d) All work on docks, piers, wharves, bulkheads and waterfront structures from and below the top elevation level of the backing log.
(e) All work on inland foundations from and below the top elevation of the column base.
(f) House moving, supporting building with post or needle beams.
(g) Vertical and/or horizontal sheet piling and/or piling for embankments, bridge abutments and land foundations for building, including pier holes and trenches.
(h) Bracing and wedging of old and new walls, installing of tiebacks, placing and jacking tierods for building foundations, and underpinning of walls and columns with tubes driven by hydraulic. air, screw jacks, steam hammers or any other machine which may be needed to drive or extract same.
(i) Raising and lowering floors and roofs when it is done as one unit or section units.
(j) Building overhead bridges, sidewalk bridges when related to Local Union 1456 jurisdiction. gangways and platforms for any of the work listed in this Article VIII.
(k) Handling of all materials and equipment relating to Local Union 1456 on the job site listed in this Article VIII.
(I) The installation of any and all form lining material such as knob-bc.
(in) Plant work, as defined; the erection of all fences; the erection of all shanties, offices, or any other temporary building; the
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fabrication of all benches, horses, platform for the use by the Dockbuilders and any other trades.
(n) All the work of: cutting, burning, welding, bracing concrete forms, pile capping and monolithic form incorporating piles, tremie pours, sea walls, running all anchors, handling of floating equipment and jack up barges, all signaling and tagging, the pulling of all pipe, rigging of pile driving equipment and/or equipment used by Dockbuilders including cable on drums, adjustment of length of boom from heel out, handling, loading or unloading of all pile driving equipment, operation of all deck engines, tuggerhoists, pile augers and moon beam, operation of all valves pertaining to pile driving equipment, setting up and removal of power equipment used for operating hammer, assembling and disassembling of all pile driving equipment, on job site, of all work listed in subdivision (a) through (n) above.
All jurisdictional work provided for herein as specifically granted to the Employees under the jurisdiction of Local 1456 is to be interpreted and assigned in accordance with past work practices in geographical areas, and in relationship with other Unions of the United Brotherhood of Carpenters and Joiners of America. AFL-CIO. other unions in the heavy construction industry, including but not limited to the International Union of Operating Engineers AFL-CIO, the Laborers International Union of North America, AFL-CIO.
Jurisdictional work assignments as they relate to past practices in specific areas of work performed by Employees under the jurisdiction of Local 1456. e.g. marine construction, land foundation work, parkways, sewers, have had different practices and trades doing the work therein and in other areas Employees under the Jurisdiction of Local 1456 have assisted other trades, and in other areas performed it exclusively and in still others have not participated in the work.
Section 2 - Employees Covered top
(a) This Agreement is applicable to qualified Journeyman
Dockbuilder, Journeyman Dockbuilder Foreman, Journeyman
Dockbuilder General Foreman and Dockbuilder Apprentices and
New York Plan Trainees. 1st, 2nd, 3rd and 4th year who are
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employed under the classifications as set forth in Article IX, Section 6 of the Agreement. This Agreement is also applicable to all Marine Divers and Tenders as provided for in the attached Addendum, Independent Marine Divers and Tenders.
(b) All Employees assisting Dockbuilders in the performance of their duties outlined in this Agreement who are members of Timbermen’s Local Union 1536 of the District Council of Carpenters of New York City and Vicinity at the time of the execution of this Agreement shall continue membership in Local Union
1536.
(c) All other Employees assisting Dockbuilders in the performance of their duties outlined in this Agreement must become members of the Timbermens Local 1536 on or after seven (7) days following the beginning of employment or the date of the Agreement whichever is later, and must maintain their membership in the Union as a condition of continued employment.
Section 3
(a) Journeymen Dockbuilders assigned to land pile drivers shall work in crews of four (4) men and a foreman. Their duties shall be all jobs related to the particular pile driver to which they are assigned.
These duties shall include driving piles, the loading, unloading and handling of materials to be used on the pile driver to which they are assigned, the cutting, welding, burning and splicing of piles which have been driven by the pile driver to which they are assigned. When the hammer is in operation, it shall be manned by not less than a Foreman and two Journeymen Dockbuilders.
(b) The union shall appoint one Dockbuilder per shift to function as a job steward. He shall perform the regular duties of a Dockbuilder but shall be allowed sufficient time to perform his duties as steward. If his duties as steward are performed in a manner not satisfactory to the union, he may designate another Dockbuilder to function as job steward, all in accordance with existing jurisdictional precedents in the area.
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Hours - Wages - Conditions top
Section 1 - Hours of Work
(a) Eight (8) hours shall constitute a day’s work. Forty (40) hours shall constitute a week’s work. Any failure to work these hours gives the Employer the right to pay only for hours actually worked and the Employer may deduct from the Employee’s wages and fringes the value of the time period not worked less than eight (8) hours. All journeymen Dockbuilders in pile driving gangs shall perform all duties in relation to the driving of piles, and in addition shall perform all associated duties.
All Employees engaged in work outlined in Article VIII of this Agreement shall perform those duties as outlined and any other work coincidental with these duties.
(b) At the commencement of employment, the General Dockbuilder Foreman, Dockbuilder Foreman. Apprentice 1st year, Apprentice 2nd year. Trainee 1st year, and Trainee 2nd year will be paid for days actually worked in the payroll week. At the termination of employment, said Employees will be paid for days actually worked in the payroll week. If any of said Employees is laid off from his work assignment and rehired within five (5) consecutive working days for the same work assignment, said Employee shall be paid for the actual working days for which he was not employed, if he was not employed by another Employer during the layoff period. During the course of continuous employment on a project said Employees shall be paid on a weekly basis, except for project shutdowns, and shall not receive holiday pay as an addition to their weekly pay unless worked.
All other Employees covered by this Agreement shall be employed on a daily or hourly basis.
(c) The First Employee hired as a Dockbuilder shall be designated by the Employer as the Dockbuilder Foreman. The Union shall designate the Job Steward.
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Section 2 - Shifts top
(a) A single shift shall be a continuous nine (9) hours, starting at 8:00 AM., except when necessary to conform with the provisions of this Article IX, Section 7, Subdivision (b). The mealtime shall be one (I) hour, but it may be curtailed by one-half (1/2) hour.
(b) When two (2) shifts are employed, the work period for each shift shall be a continuous eight (8) hours.
Effective July 1. 1997, when two shifts are employed, each shift shall be eight and one-half hours with one-half (1/2) hour for lunch.
(c) When three (3) shifts are employed, each shift will work seven and one-half (7-1/2) hours but will be paid for eight (8) hours, since only one-half (1/2) hour is allowed for mealtime.
(d) When two (2) or more shifts of Dockbuilders are employed, single time will be paid for each shift.
(e) A week shall start at 8:00 A.M. Monday and end at 8:00 AM. Saturday, except when necessary to conform with the provisions of this Article IX, Section 7, Subdivision (b).
Section 3 - Payment of Wages (including fringe benefit contributions) top
All wages & fringe benefit contributions payable under this Agreement shall become due and be paid on the job every week and not more than three (3) days pay shall be held back. Wages shall be paid at the Employer’s option either in cash or by check provided:
(a) The check is a Todd Insured ABC System Payroll Check or similar type of check, and the delivery of the checks shall be made at least one (I) day preceding a banking day;
(b) The Employer has complied with the provisions of Article XII relating to Bonding.
If for any reason the Employer terminates the services of any Employee working under this Agreement, the accrued wages and fringe benefits of that Employee shall be paid to him at the time of termination of his employment. otherwise waiting time shall be charged for the accrued wages. If any Employee shall, of his own volition, leave the services of his Employer, then his Employer may retain his wages until the next regular pay day.
Should an Employee be required to wait for his pay after the hours
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specified in Article IX, Sections 1, 2, 3 and 4, except for reasons beyond the Employer’s control, then in addition, the Employee shall receive time and one half for the first two (2) hours of waiting time on pay day or lay off and single time for any additional waiting time, except on Saturday, Sunday or holidays. However, such waiting time shall not exceed sixteen (16) hours. An Employee claiming said waiting time shall be required to show proof that he was actually present on the job during the waiting time claimed.
Section 4 - Overtime - Lunch - Job Stewart Hours top
(a) Time and one-half shall be paid for all work performed in excess of eight (8) hours per day, for all work performed in excess of forty (40) hours per week, and for all work performed on Saturdays. Sundays and holidays shall be paid at the double time rate, except when being performed under Article IX, Section 2, Shifts.
(b) Lunch
12:00 Noon to 12:30 PM
On variable shift jobs, each Steward is to work only eight (8) hours.
Section 5 - Holidays top
New Year’s Day |
Labor Day |
President’s Day |
Columbus Day |
Memorial Day(Decoration Day) |
Election Day (in a Presidential Election Year Only) |
Independence Day |
Thanksgiving Day |
Christmas Day |
For Employees working in the geographical jurisdiction of the State of New Jersey as provided for herein, Columbus Day is not a holiday, Armistice Day (Veteran’s Day) is a holiday.
If an Employee does not work on said holiday he shall receive no pay for said day. If an Employee works on said holiday he will be paid only the double time rate. When work is performed in an area
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outside of New York City, conditions as to holidays shall prevail, except that provisions of this paragraph herein shall be operative within the jurisdictional territory of the Union.
(b) Where the workday ends at 8:00 A.M. on a Saturday, Sunday, or holiday, the Employer may, at its discretion, define Saturday. Sunday, or holiday, as beginning at 8:00 A.M. of the Saturday. Sunday, or holiday, and continuing until 8:00 AM. of the following day, except when necessary to conform to the provision of Article IX, Section 7, Subdivision (b).
Section 6- Work Classification - Wages - Total Fringes top
(a) Wage rates and fringe benefits contributions within the bargaining unit shall be determined and/or reallocated by the union at its sole discretion, in conjunction with the fund trustees.
(b) The rate of wages to be paid Employees covered by this agreement shall be as follows:
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $33.45 | $33.68 | $34.15 | |||
| Fringe | $19.13 | $20.29 | $21.21 | |||
| Total W&F | $52.58 | $53.97 | $55.36 | |||
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
Wage |
$30.95 |
$31.18 |
$31.65 |
|||
Fringe |
$19.13 |
$20.29 |
$21.21 |
|||
Total W&F |
$50.08 |
$51.47 |
$52.86 |
|||
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
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| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $28.45 | $28.68 | $29.15 | |||
| Fringe | $19.13 | $20.29 | $21.21 | |||
| Total W&F | $47.58 | $48.97 | $50.36 | $53.36 | $56.36 | $57.28 |
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
APPRENTICES
Apprentice wage increases may be deferred for reasons determined by the Joint Apprenticeship Committee or its training director by written notice to the Employer.
| Eff:Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $23.15 | $22.94 | $23.32 | |||
| Fringe | $12.79 | $14.70 | $15.16 | |||
| Total W&F | $35.94 | $37.64 | $38.48 | |||
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $18.75 | $18.64 | $18.95 | |||
| Fringe | $12.79 | $14.70 | $15.16 | |||
| Total W&F | $31.54 | $33.34 | $34.11 | |||
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $14.36 | $14.34 | $14.58 | |||
| Fringe | $12.79 | $14.70 | $15.16 | |||
| Total W&F | $27.15 | $29.04 | $29.74 | |||
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
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7. FIRST YEAR DOCKBUILDER APPRENTICE & NEW YORK
PLAN TRAINEE - 40%
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
Wage |
$11.42 |
$11.47 |
$11.66 |
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Fringe |
$12.79 |
$14.70 |
$15.16 |
|||
Total W&F |
$24.21 |
$26.17 |
$26.82 |
|||
| Promo | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 | $ 0.25 |
(c) Dockbuilder Foreman - General Dockbuilder Foreman
The Dockbuilder Foreman shall receive two dollars and fifty cents ($2.50) per hour above the Journeyman scale on all pile driving and dockbuilding work. The wage of the General Foreman Dockbuilder shall be mutually agreed upon with the Employer, and it shall not be less than five dollars ($5.00) per hour more than that of the Dockbuilder Journeyman as set forth in the rates above.
Two and one-half percent (2.5%) assessment of the hourly rate of wage, excluding fringes, to be deducted from Employees under the jurisdiction of the Local Union No. 1456 upon signed authorization by Employee and paid by check to Local Union 1456 weekly.
Section 7 - Conditions top
Where five (5) or more Dockbuilder and Foundation Foreman with gangs are employed on any one (I) shift under one (I) contract, there will one General Dockbuilder Foreman, selected by the Employer, employed for that contract, during the employment of the five (5) or more Dockbuilder Foremen with gangs.
(b) Variable Shift Commencement top
A shift commencing Monday through Friday. shall begin two (2) hours before and two (2) hours after normal starting time, in one-half hour increments. In variable shifts the Employer may vary the shift of a Foreman and his entire crew, or part of his crew and such work shall be paid at the appropriate shift rate. It is also agreed that on tide work, a shift may commence at any time with prior approval of the District Council.
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An Off Shift may commence between the hours of 5:00 P.M. and 10:00P.M. and shall work for eight and one-half (8-1/2) continuous hours allowing for one-half (1/2) hour for lunch.
The rate of pay shall be nine (9) hours pay including benefits at the straight time rate for eight (8) hours work.
(d) Storage of Tools and Clothing top
The Employer shall provide a suitable shed or room of sufficient size for the Dockbuilders tools and clothing when the project is operating and Employees covered by this Agreement are employed on the project. Said room or shed shall not be used for the storage of any other materials. The Steward or Foreman shall be furnished a key for said storage facility, and the Employees will store therein all tools not actually being used by them. These requirements shall not apply whenever less than four (4) dockbuilders are employed on any job under a single contract, however, adequate facilities whether mutual or otherwise shall be provided for said Dockbuilders. If an Employee covered by this Agreement is storing his tools and/or clothing in said storage facility, the Employer shall be responsible for the lost of said tools and/or clothing due to fire, flood or theft but only if the Employee has previously filed with the Employer a list of the tools he has brought to the job. The Employers liability shall be limited to a sum not to exceed:
Overcoat $100.00
Clothing $100.00
Shoes $50.00
Upon submission of appropriate proof of loss to the Employer following the acceptance of said submission, the Employee shall be paid for said loss. Payment shall be made within fourteen (14) working days of receipt of the proof of loss. If proof of loss is not accepted by the Employer, it shall be submitted within forty-eight (48) hours thereafter for final determination jointly to the Employer and the Union.
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(e) Sharpening of Tools top
Employees tools which become dulled on the job shall be reconditioned at the expense of the Employer by an Employee covered under this Agreement.
(f) Drilling Machines Utilized on Caissons top
(g) Timekeeping Devices top
Employees shall not be required to pick up or operate any timekeeping device, except during the normal work shift.
(h) Job Injury - Medical Attention top
There shall be no reduction in a day’s wages to any Employee on
the day of injury when medical attention is required to said
Employee while working on the Employer’s job, provided the
Employee submits a note from the doctor or clinic stating that the
Employee cannot work that day.
(i) Apprentice Manning top
Where five (5) or fewer Dockbuilders are employed, no more than one of them may be an Apprentice. However, where more than six (6) Dockbuilders are employed, at least one shall be an Apprentice and for every six (6) additional Dockbuilders employed at least one (I) additional Apprentice shall be employed.
(j) Welder-Burner top
Each Welder and Burner shall be licensed in accordance with applicable laws, and present said license to his Employer when requested.
(k) Intoxicating Beverages or Use of Drugs top
The consumption of intoxicating beverages or use of drugs on a jobsite is prohibited. Violation of this rule, after due warning is sufficient reason for dismissal.
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(I) Drug Testing Clause top
The Employer and the Union agree that when required by the contract of any City, State. Federal and/or Quasi Public Agency or Utility Company to test the Employees covered by this agreement for Drugs and/or Alcohol abuse, they shall comply.
(m) Size of Work Crews
Bull gangs to consist of two (2) Dockbuilders and one (1) Dockbuilder Foreman minimum, where equipment is used exclusively for Local 1456 to handle their material.
(n) Equipment top
Where fork lifts. Ross Carriers or front end loaders are utilized for handling material and equipment, one (I) Dockbuilder will be used to handle sleepers, signal and guide said equipment. for Local 1456 work jurisdiction exclusively.
(o) Creosote Pay top
While working on land pile driving, floating marine construction and the construction of wharves, Dockbuilders shall receive twenty-five cents ($0.25) per hour premium for hours actually worked while handling and working with creosote and creosote impregnated products.
(p) Saturday Make-up top
When conditions beyond the control of the Employer, such as severe weather, wide spread power failure, fire, natural disaster, etc., prevent the operation of the job on one or more normal working days. the Employer may, with notification to the Union, schedule the Saturday of that calendar week during which work was prevented, as a make-up day at straight time. All hours worked in excess of the normal work day shall be paid for at the rate of time and one-half. When a holiday falls on a Saturday, then the make-up day rate shall be double time. In order to utilize a Saturday as a make-up day, the Employer must declare a regular work day "terminated". for one of the reasons listed above, no later than 10:00 AM. of the day terminated, and must notify the Union of its desire to work a make-up day by noon of the day preceding the make-up day. Employees employed by the Employer on the day so "terminated" shall have the right of first refusal to work on the make-up Saturday, but said Employees shall also have the right so decline
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work on a make-up Saturday, without any penalty. If men are needed to work a make-up Saturday. other than those already working on the job, the Employer shall call the District Council for men before employing men secured from any other source.
(q) Hazardous/Toxic/Contaminated Waste Sites top
Intent of Agreement Subcontractors
This Agreement and all of its terms and provisions are predicated on an effort and a spirit of bringing about more equitable conditions in the Construction Industry, and the language herein shall not be misconstrued to evade the principles or intent of this Agreement.
(a) The terms, covenants and conditions of this Agreement shall be binding upon all subcontractors at the site to whom the Employer may have sublet all or part of any contract entered into by the Employer.
The Employer will only award on site subcontracts necessitating employment of Employees covered by this Agreement to subcontractors who are under agreement or are willing to enter into agreement with the Union.
The Employer will violate this Agreement if it willfully neglects to notify the Union in writing by certified mail or hand delivery to the offices of the District Council within thirty (30) days after an
24
award of a subcontract necessitating employment of Employees covered by this Agreement.
The Employer will not sublet to another Contractor the safety protection of openings and stairways. This does not include the planking or other protection of openings in concrete arches during the form work stage until the time of stripping; nor does it include a restriction on the subletting of sidewalk bridge construction or maintenance. Nothing in this Agreement will forbid the Employer which has an agreement with the New York District Council of Carpenters from hiring on its payroll on a temporary basis, Dockbuilders who may be performing work for other Contractors on the same jobsite. or to perform protection work on a time-and-material basis.
(b) This Agreement shall be binding on the Employer, its successors and/or assigns as well as any firm, be it corporation. partnership or joint venture, which the Employer, its successors and/or assigns, has, or acquires, a financial interest in.
(c) At least five (5) working days prior to the inception of any job where the Dockbuilding work is $100,000 or more, the Employer shall contact the Union to arrange a conference on the jobsite to discuss work assignment and the application of this Agreement to the particular job.
Section 3 - Lists
The union shall monthly furnish a list of Employers who are in default on payment of wages and/or contributions to all Funds listed in Article XI.
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Fringe Benefit Funds
The Employer shall pay the amounts indicated herein, for Employees covered by this Agreement, and employed within the jurisdictional territory of the Union into a United States treasury-approved:
The District Council of Carpenters of New 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 "AJRE&I Fund")
-Supplemental Fund (hereinafter "Supplemental Fund")
-N.Y.C. and Vic L/M Coop Fund (hereinafter "NYDCC Fund")
-U.B.C. National Health & Safety, Apprenticeship Training, and
Education and Development Funds. (hereinafter "U.B.C. &
J.A. Fund")
All hereinafter collectively "Fringe Benefit Funds" each Fund to be administered by Trustees, one-half of whom shall be designated by the Union and one-half by she Employers.
The Employer is bound by all the terms and conditions of the Agreement and Declaration of Trust with respect to each of the Fringe Benefit Funds, which Agreement and Declaration of Trust are hereby made part of this Agreement and shall be considered as incorporated herein.
The Employer shall pay all required fringe benefits weekly by stamp. The following contributions shall be paid for hours worked but not on the premium portion of the overtime rate:
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| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| WELFARE | $7.24 | $8.40 | $8.40 | |||
| PENSION | $3.09 | $3.09 | $4.01 | |||
| ANNUITY | $4.00 | $4.00 | $4.00 | |||
| AJREIF | $0.50 | $0.50 | $0.35 | |||
| VACATION | $4.10 | $4.10 | $4.10 | |||
| SUPPLE | $0.04 | $0.04 | $0.04 | |||
| UBC&JA | $0.06 | $0.06 | $0.06 | |||
| NYDCC | $0.10 | $0.10 | $0.25 | |||
| TOTAL | $19.13 | $20.29 | $21.21 | |||
| PROMO | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 |
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| WELFARE | $6.58 | $8.40 | $8.40 | |||
| PENSION | $1.55 | $1.55 | $2.01 | |||
| ANNUITY | $2.00 | $2.00 | $2.00 | |||
| AJREIF | $0.41 | $0.50 | $0.35 | |||
| VACATION | $2.05 | $2.05 | $2.05 | |||
| SUPPLE | $0.04 | $0.04 | $0.04 | |||
| UBC&JA | $0.06 | $0.06 | $0.06 | |||
| NYDCC | $0.10 | $0.10 | $0.25 | |||
| TOTAL | $12.79 | $14.70 | $15.16 | |||
| PROMO | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 |
A stamp plan has been established which provides for the payment
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of contributions to the Welfare, Pension, Vacation, Annuity, A.J.R.E.1.F., Supplemental Funds, N.Y.C. and Vic. L/M Coop.. U.B.C. National Health & Safety, Apprenticeship Training, and Education and Development Funds and the Heavy Construction Industry Fund through a consolidated stamp. The Employer will comply with procedures established by the Benefit Fund Trustees to assure that the employee receives the consolidated stamp together with his,’her pay. The stamps shall be purchased through facilities established by the Bank of New York or such other agencies authorized by the Trustees.
Section 2 - Coverage of Additional Employees Under the
Every present and future salaried regular employee of the Union, the Welfare Fund, and the Pension Fund may participate in the benefits provided herein for Employees of each Employer for whose benefit the aforementioned contributions are made to the Welfare Fund and Pension Fund, provided that contributions at the rate herein before stated are made to the Welfare Fund and Pension Fund for or on behalf of said Employees of the Union, the Welfare Fund, and the Pension Fund by the respective Employers of said Employees.
Section 3- Liability for Subcontractors top
If the Union has furnished the Employer with the list specified in Article X, Section 3, of this agreement, and one of its subcontractors appears on said list as being in default of payment to respective Fringe Benefit Funds provided for herein, then the Employer shall be liable to said Funds for any unpaid contributions accruing to said listed subcontractor solely while said subcontractor is on the project under subcontract with said Employer. The Employer’s liability commences on the date said list is furnished. The Employer will only be liable for the unpaid contribution, and in no event shall an Employer be liable for any of the listed liquidated damages, interests, costs or fees for which its subcontractor may be liable.
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Whenever an Employer is in default on payments to the Fringe Benefit Funds and reasonable notice of such default is given to the Employer, the Union may remove the Employees from the work of said Employer. If said Employees who are removed remain at the work site during regular working hours, they shall be paid for lost time not to exceed three (3) days pay.
(a) in the event the Employer fails to make contributions to the Fringe Benefit Funds as specified in Article XI Section 1 herein, the Employer shall be obligated to pay to said Fringe Benefit Funds as liquidated damages as provided for in the Agreement and Declaration of Trust establishing such Fund.
(b) If an audit is required of the Employer’s books and records and there is established an unpaid balance in contributions to the Fringe Benefit Funds and said unpaid balance is not paid within thirty (30) days of notification to the Employer, then in addition to the costs as set forth in (a) above, as additional liquidated damages the Employer shall be obligated to pay to said Fringe Benefit Funds five (5) percent of the unpaid contributions.
(c) if thereafter, in the sole discretion of the Trustees, the matter is referred to legal counsel 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 the 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.
ment of the court, and in lieu of any other liquidated damages. costs, attorney’s fees and/or interest, she 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-
(I) the amount of the interest charges on the unpaid contributions as determined in (b) above, or
(2) liquidated damages of 20% of the amount of the unpaid contributions; plus
(d) reasonable attorney’s fees and costs of the 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 this Agreement to collect delinquent contributions to a Benefit Fund or Funds, and such arbitrator shall be empowered to award such interest, liquidated damages, and/or costs as may be applicable under the Agreement and Declaration of Trust establishing such Fund(s).
Section 6 Auditing top
Seven (7) days after a written request for audit is received the Employer shall make available records consisting of wage payments and contributions to the Fringe Benefit Funds and said records shall include time cards. Foreman’s cards, time sheets, payroll sheets, payroll checks and cash disbursement records pertaining to said job(s). If an Auditor for the Fringe Benefit Funds schedules an appointment in writing with an Employer, and the Employer confirms said appointment in writing, and the Auditor is prevented by the Employer from commencing his audit on the agreed upon date, the Employer will be liable so the above mentioned Funds for $100.00 cost due to the delay.
Section 7 - Supplemental Fund top
The Employer contribution commencing July 1, 1996 shall be in the amount of four cents ($0.04) per hour for all hours worked.
Said contribution shall be allocated in the following manner:
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The Carpenters Relief & Charity Fund - two and one-half
($0025) cent per hour
Scholarship Fund - one and one-half ($0.015) cent per hour
The Supplemental Fund shall be established in accordance with applicable law, and any Employee authorization that is required shall be secured by the Union.
Relief and Charity Fund
The purpose of the Carpenters Relief and Charity Fund is to enable the parties to make charitable donations in the name of the carpentry industry from time to time. Said donations shall be made to duly recognized tax exempt institutions within the meaning of the Internal Revenue Code and to provide emergency assistance so bona fide victims of disaster, catastrophe and community projects for the good of the general public. The contributions shall be included in the payment of the Fringe Benefit Stamp. The Fund shall be administered by a minimum of two persons, one designated by the Union and the other by the Association. They shall serve without pay and shall be bonded to the extent required by law. All moneys received by the Fund shall be deposited in a bank selected by the two administrators and shall be disbursed only by check signed by both administrators. At least once a year the entire balance of the Fund on hand shall be disbursed to organizations and persons who meet the qualifications set forth above. The administrators shall keep such books of record as may be necessary. Once a year the administrators shall account for all moneys received and disbursed.
ion of counsel, legally improper, then in that event said allocation may be reallocated by the union to a presently existing Fringe Benefit Fund or to another fund to be established by the Union and the Employer.
Section 9
The 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 this contract. Because of the various liabilities and responsibilities placed upon all parties to this agreement, including all contractors and union representatives and their respectively designated trustees, each contractor hereby agrees that the Fringe Benefit Fund Trustees shall have the necessary powers to fulfill their fiduciary obligations in order to fully protect each employer signed to this agreement and their employee-beneficiaries under the respective fund plans.
In addition to any contributions otherwise called for herein, the parties agree that the Employer shall make a contribution of two cents ($02) per hour worked for each employee covered by this Agreement to the United Brotherhood of Carpenters Apprenticeship & Training Fund of North America (the "Training Fund"). The parties also agree that the Employer shall make a contribution of two cents ($02) per hour worked for each employee covered by this Agreement to the United Brotherhood of Carpenters Health & Safety Fund of North America (the "Health & Safety Fund"). The parties also agree that the Employer shall make a contribution of two cents ($02) per hour worked for each employee covered by this Agreement to the Labor-Management Education and Development Fund. The Employer hereby agrees to be bound by the trust indenture agreement applicable to the U.B.C. National Health & Safety, Apprenticeship Training, and Education and Development Funds as they exist and as they may be amended or restated, and to such rules, regulations and other governing documents adopted pursuant to such Trusts.
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Section 11 - Arbitration top
Should any dispute or disagreement arise between the parties hereto, or between the Union and any Employer-member signatory hereto, concerning any claim arising from payments to the Fund of principal and/or interest which is allegedly due, either party may seek arbitration of the dispute before the impartial arbitrator designated hereunder by filing a notice of intent to arbitrate, in writing, with said impartial arbitrator and serving a copy of said notice on the Association and Employer or the Union, 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 as soon as practicable, and the arbitrator shall submit his award within twenty (20) days of the close of the hearing. The arbitrator shall have full and complete authority to decide any and all issues raised by the submission and to award appropriate damages. The arbitrator’s award in this regard shall be final and binding upon the parties hereto and the individual Employer, if any, and shall be wholly enforceable in any court of competent jurisdiction. The cost of the arbitration, including the fees to be paid to the arbitrator, shall be included in the award and shall be borne by the losing party. Roger Maher. Esq., Robert Herdoz, Esq. or Joseph Lipowski, Esq. is hereby designated as impartial arbitrator hereunder. In the event Roger Maher, Robert Herdoz or Joseph Lipowski is unwilling or unable to serve as impartial arbitrator, the New York State Board of Mediation shall designate an impartial arbitrator to serve in his place and stead.
The agreement of the parties to submit said matters regarding the payment of contributions to an arbitrator does not excuse an Employer from any statutory, civil or criminal liability which may attach to his actions under Municipal, State or Federal law. The submission of smatter to arbitration is in no way meant to affect the right of the Union to remove its members from an Employer’s
premises. as provided for in this Agreement.
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Surety Bond top
Section 1
An Employer is required to post a bond as set forth in Article XII, Section 5 of this agreement to guarantee payment of contributions so the Funds as provided for in Article XI, Section 1.
The Employer further acknowledges and the parties agree that prompt payment of fringe benefit contributions is essential to the proper administration of the Agreement, the appropriate funding and actuarial soundness of the Funds and the timely payment of benefits to participating employees. The Employer agrees to comply with the Funds’ Collection Procedures. as may be adopted by the Board of Trustees, including responding to information and other requests on a timely basis, promptly including but not limited to permitting and cooperating with an audit. When a signatory Employer owes to the Benefit Funds an amount greater than the face amount of its surety bond, the surety bond must be increased to cover such indebtedness. An Employer determined to be delinquent shall be required to make weekly cash payments to the Funds by certified check to cover on-going contribution obligations. If this is not done, the Union at its discretion may remove all members of the bargaining unit from the employ of that Employer.
Section 3 - Job Action for Non-Complying Employer
The Employer agrees to provide a bond in such amounts as provided for here in Article XII relating to Bonding before commencing any work. In the event that the Employer fails to provide such bond within seven (7) days of commencing work, the District Council may consider she-Employer in default and remove its members. upon reasonable notice, from each of the Employer’s job sites. If the members remain on the site, they shall each receive no more than three (3) days of wages and fringe benefit contributions during such job action.
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Section 4
This Section shall in no way relieve or excuse any Employer of the obligation to provide the required Bond regardless of the business form under which the Employer does business, nor shall this provision limit the personal liability of any corporate officers or shareholders based on operation of law.
Any Employer commencing work in violation of this Section shall be in violation of Article XI relating to the Funds.
The Funds’ Trustees shall determine the amount of Bond the Employer is required to provide, but such amount shall be no less than an amount equal to sixty days of estimated contributions.
The Employer shall provide a Bond in the minimum amounts as follows:
The Funds may seize the bond if the Funds determine that the Employer has failed to make required contributions to the Funds or if the Employer has violated the Funds’ Collection Procedures. The amount of the bond shall be subject to increase or decrease, in the discretion of the Trustees, depending on the number of employees employed on a particular job site or period.
35
New York State top
The Employer agrees that if it performs any service or work described in the Trade Agreements of the Local County Carpenter Union, within the geographic jurisdiction of the state, it shall be bound by all the terms and conditions of the Trade Agreement applicable to the location where said service or work is being performed for the period of time that said service or work is being performed in said location in the same manner as if it were a direct signatory to the applicable Trade Agreement.
Heavy Construction Industry Fund
In order to adequately protect the Heavy Construction Industry and in the interests of the Employees in the industry, each Employer shall contribute to the Heavy Construction Industry Fund twenty-five ($0.25) cent per hour effective January I, 1994. applied only to the straight time payroll of each Employee. No contributions shall be made to this Fund on the premium portion of double time or overtime of the payroll of the Employees covered by this Agreement.
This Fund is designed for, but not limited to, the following purposes: 1) to increase employment opportunities through promotional activities which will increase the use of the Industry and Its Employees covered under this Agreement; 2) to acquaint Employers and Employees with the most efficient safety regulations for the safety of the Employees as well as the training of Employees in first aid and other safety programs; 3) to provide financial aid, guidance and assistance to the New York Plan for Training to assist the training of minorities and women for employment in the Industry in conformity with various governmental regulations; 4) to conduct educational research directed at the utilization of new and safer machines and equipment for the protection of Employees covered under this Agreement; 5) to provide and assure equitable Industry labor relations through established Grievance
36
Panels and Arbitration's for the expeditious and equitable hearings of the grievances of Employees and Employers covered herein; 6) to assist in defraying the costs of the time spent by trustees representing management in connection with their work for and attendance at trustee meetings of the Benefit Funds in behalf of and for the benefit of the Employees covered herein and 7) for the administrative costs in supervising and administering the above in behalf of this Fund.
Payment to this Fund shall be included in the consolidated stamp. The bank servicing the Benefit Funds shall deliver all such contributions to the Heavy Construction Industry Fund after verifying that the amount of each such contribution has been correctly computed by the Employer. All costs for clerical, legal and administrative services will be borne by the Heavy Construction Industry Fund. The Fund agrees to indemnify and to hold harmless the Union from any and all claims, actions and/or proceedings arising out of said Fund. There shall be no commingling of the check with funds of the Union. The parties are authorized to adopt other procedures to implement the collection of this contribution. Each Employer voluntarily authorizes the collection of the contribution per hour to this Fund and each Employer shall be bound by all the terms and conditions of the Agreement and Declaration of Trust of the Heavy Construction Industry Fund and by alt By-Laws adopted to regulate said Fund.
A.J.R.E.I. Promotional Fund top
In the event an Employer does not wish to be bound to contribute to the Heavy Construction Industry Promotional Fund, as set forth in Article XIV hereof, then said Employer hereby agrees to be bound to contribute twenty-five ($0.25) cents per hour, applied only to the straight time payroll of each Employee, to the Apprenticeship, Journeyman Retraining, Educational and Industry Promotional Fund. No contributions shall be made to this Fund on the premium portion of double time or overtime of the payroll of the Employees covered by this Agreement. This contribution is in
37
addition to the contribution of fifty ($0.50) cents per hour provided for in Article XI of this Agreement.
Legality top
Any provision of this Agreement which provides for Union security or Employment in a manner and to an extent prohibited by any law or the determination of any governmental board or agency. shall be and hereby is of no force or effect during the term of any such prohibition. It is understood and agreed, however, that if any of the provisions which are hereby declared to be of no force or effect because of restrictions imposed by law is. or are, determined either by Act of Congress or other legislative enactment or by a decision of the court of highest recourse to be legal or permissible. then any such provisions shall immediately become and remain effective during the remainder of the term of this Agreement. In the event that there shall be changes in applicable laws as to Union security, the parties shall negotiate any provisions concerning Union security.
In the event that any provision of this Agreement shall be declared to be in violation of law, the remaining provisions of this Agreement shall continue in full force and effect.
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EFFECTUATING CLAUSE top
IN WITNESS WHEREOF, the parties hereto have hereunder signed this Agreement by their duly authorized representatives, the day and year above written
EMPLOYER:
X By: DATE:_________
DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY
OF THE UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO
By:
AUTHORIZED SIGNATURE
OF THE DISTRICT COUNCIL
The party of the First Part, herein referred to as the Employer, signatory to this Agreement, hereby acknowledges receipt of copies of the Agreement and Declaration of Trust of the New York City District Council of Carpenters Welfare Fund; Pension Fund; Apprenticeship, Journeymen Retraining, Educational and Industry Fund; Annuity Fund; United Brotherhood of Carpenters and Joiners of America Fund; Vacation Fund; New York City and Vicinity Carpenters Labor Management Fund; Supplemental Funds; and Vacation Fund.
EMPLOYER:
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Promotional Fund contribution acknowledgment.
Apprenticeship. Journeyman Retraining, Educational and Industry Promotional Fund
EMPLOYER:
or
Heavy Construction Industry Promotional Fund
EMPLOYER:
40
ADDENDUM
to
Independent
Heavy Construction Dockbuilding
Marine and Foundation
Collective Bargaining Agreement (1996-2002)
IT IS HEREBY AGREED by the District Council of New York and Vicinity, United Brotherhood of Carpenters & Joiners of America, AFL-CIO (the "Union") and its respective authorized agent, that Article XII, Section 4, Subsection (a). of the Agreement between the Union and the Employer for the term July 01, 1996 through June 30, 2002 is corrected as follows:
Section 4
This Section shall in no way relieve or excuse the Employer of its contractual obligation to post a bond or such other form of surety as required by the Benefit Fund Trustees, regardless of the business form under which the Employer performs the work covered under this agreement. The Employer also agrees that this provision shall not excuse the Employer’s affiliate from posting said bond or other form of surety, provided the Employer controls the labor relations of said affiliate.
DISTRICT COUNCIL OF NEW YORK
CITY AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA
AUTHORIZED SIGNATURE
Date:
41
ADDENUM
INDEPENDENT
MARINE DIVERS
AND
TENDERS
between
- and -
THE DISTRICT COUNCIL OF NEW YORK
CITY AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO
FOR
DOCKBUILDERS LOCAL UNION NO. 1456
JULY 01, 1996- JUNE 30,2002
42
Jurisdiction
Section 1 - Marine Diving and Tending
As the successor to Local Union 2295, Local Union 1456 claims all territorial jurisdiction heretofore granted to, or claimed by, said Local Union.
Employees Covered
Section 1 - Marine Diving & Tending
Marine Diving and Tending work, where referred to in this
Addendum, shall consist of all foundation, heavy construction work, salvage work, underwater photography. underwater television, soil sampling when diving is required, demolition work, blast drilling, airlifting, jetting, repairing, removing, recovering and inspecting of all objects related to construction and all offshore oil field exploration and maintenance related to diving,
(a) The underwater work of inspecting pumps and screen wells, and the internal and external inspection of all enclosures, the underwater work of inspecting, connecting, aligning, placing and handling of all submarine pipelines made of plastic, concrete, steel of any other composition or combination of materials. The underwater work on all cooling intake and outfall pipelines, regardless of the material used to fabricate the pipe. The underwater work on all sewer outfall pipes regardless of length, diameter or material used to fabricate same.
(b) All underwater work involved in the pulling and laying of cables and wire. All underwater work involved in the repair of cable and wire. All underwater inspection of hulls. All underwater burning, welding and cutting by whatever method used, and all underwater work related to the work defined in this Section 1 requiring the use of any type of diving apparatus or equipment. All jurisdictional work provided for herein as specifically granted to the Employees under the jurisdiction of Local 1456 is to be interpreted and assigned in accordance with past work practices geographical areas, and in relationship with other unions of the
43
United Brotherhood of Carpenters and Joiners of America, AFLCIO, and other unions in the heavy construction industry, including but not limited to the International Union of Operating
Engineers, AFL-CIO and the Laborers International of North
America AFL-CIO.
Section 1 - Hours of Work
Assessment
Two and one-half percent (2.5%) assessment of the hourly rate
of wage, excluding fringes, to be deducted from Employees under the jurisdiction of the Local Union No. 1456 upon signed authorization by Employee and paid by check to Local Union 1456 weekly.
Eight Hour Basis of Pay
All Divers and Tenders shall be paid on no less than eight (8) hour basis, per day.
Stand-By Time Payment - Divers
A Master Diver and Marine Diver shall receive the Marine Diver’s rate of wage for Stand-By Time. A Marine Diver Tender shall receive the Marine Diver Tender’s rate of wage for Stand-By Time.
1. MARINE DIVER:
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $34.83 | $35.24 | $35.89 | |||
| Fringe | $19.13 | $20.29 | $21.21 | |||
| Total W&F | $53.96 | $55.53 | $57.10 | $60.51 | $63.92 | $64.97 |
| Promo | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 |
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| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| Wage | $25.89 | $26.04 | $26.43 | |||
| Fringe | $19.13 | $20.29 | $21.21 | |||
| Total W&F | $45.02 | $46.33 | $47.64 | $50.48 | $53.32 | $54.19 |
| Promo | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 |
The Employer shall pay all required fringe benefits weekly by stamp. The following contributions shall be paid for hours worked but not on the premium portion of the overtime rate:
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| WELFARE | $7.24 | $8.40 | $8.40 | |||
| PENSION | $3.09 | $3.09 | $4.01 | |||
| ANNUITY | $4.00 | $4.00 | $4.00 | |||
| AJREIF | $0.50 | $0.50 | $0.50 | |||
| VACATION | $4.10 | $4.10 | $4.10 | |||
| SUPPLE | $0.04 | $0.04 | $0.04 | |||
| UBC&JA | $0.06 | $0.06 | $0.06 | |||
| NYDCC | $0.10 | $0.10 | $0.25 | |||
| TOTAL | $19.13 | $20.29 | $21.21 | |||
| PROMO | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 | $0.25 |
All Apprentices and Trainees shall receive fifty percent (50%) of
the Pension, Annuity, and Vacation contributions in accordance
with the following schedule.
| Eff: Date: | 7/1/96 | 7/1/97 | 7/1/98 | 7/1/99 | 7/1/00 | 7/1/01 |
| WELFARE | $6.58 | $8.40 | $8.40 | |||
| PENSION | $1.55 | $1.55 | $2.01 | |||
| ANNUITY | $2.00 | $2.00 | $2.00 | |||
| AJREIF | $0.41 | $0.50 | $0.35 | |||
| VACATION | $2.05 | $2.05 | $2.05 | |||
| SUPPLE | $0.04 | $0.04 | $0.04 | |||
| UBC&JA | $0.06 | $0.06 | $0.06 | |||
| NYDCC | $0.10 | $0.10 | $0.25 | |||
| TOTAL | $12.79 | $14.70 | $15.16 | |||
| PROMO | $ 0.25 | $ 0.25 | $ 0.25 | $0.25 | $0.25 | $0.25 |
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Depth and Penetration Rates - Divers
In addition to the wage set forth above, Employees who dive will be paid the following depth and penetration rates:
60 ft. - 74 ft 25 cents/ft/day from & over depths of 60 ft.
75 ft., 125 ft. 78 cents/ft/day from & over depths of 75 ft.
0ft. - 74 ft. No depth rate
75 ft.- 125 ft. 78 cents/ft./day from & over depths of 75 ft.
In depths over 125 feet, only a Master Diver may dive and the depth rate will be a matter of negotiation between the Diver and the Employer, but in no event shall it be less than the maximum per foot rate set forth above, and the Diver will notify the District Council of the rate agreed upon between the Diver and the Employer.
Section 2 - Conditions-Divers And Tenders
A Master or Marine Diver and a Marine Diver Tender shall constitute a diving unit. The Marine Diver Tender shall attend only (I) Diver at one (I) time. A Master or Marine Diver may serve as a Marine Divers Tender on any shift during which he is available to dive, and the Master Diver, and Marine Diver shall be paid at the Marine Diver’s rate of wage, for any shift during which he is employed exclusively as a Marine Diver Tender. On inspection dives, in addition to a tender, the owner or employer will designate a third person to be on the immediate site during the dive, for
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safety purposes. A diver must be qualified to operate all life supporting equipment, when applicable, as per O.S.H.A. and U.S. Coast Guard requirements.
(b) Varying Shift Commencement
It is understood and agreed that, because of Certain ordinances of the City of New York governing certain operations, such as blasting and similar operations, shift hours will be arranged to conform with such regulations, and such shift work will be paid for at the single time rate, in conformity with the terms contained in this Addendum. It is also agreed that on tide work a shift may commence at any time between 7:00 AM. and 9:00 A.M., and furthermore, if the Employer receives prior permission of the Union, at any time between 6:00 AM. and 9:00 A.M.
A Recompression Chamber will be available at a job site when decompression is required by O.S.H.A. or U.S. Coast Guard requirements.
(d) Diver Employee Tools and Dressing Room The Employer shall provide a suitable shed or room of sufficient
size for the Divers tools and clothing when the project is operating and Employees covered by this Addendum are employed on the project. If an Employee covered by this Addendum is storing his tools and/or clothing in said facility, the Employer shall be responsible for the loss of said tools and/or clothing due to fire. flood or theft, but such liability shall be limited to a sum not to exceed:
Tools: $300.00
Overcoat: $100.00
Clothing: $100.00
Shoes: $50.00
Upon submission of appropriate proof of loss to the Employer following the acceptance of said submission, the Employee shall be paid immediately after proof of loss has been determined.
Each Diver and Diver Tender shall furnish his own knife and underwear. All other equipment required to function as a Diver or
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Diver Tender shall be furnished by the Employer. No Diver or
Diver Tender shall rent any equipment of any kind or nature to his
Employer.
(f) Physical Examination. First Aid Training & Training in Tools To be considered qualified to dive, a Diver must show proof that he has had a physical exam administered by a physician. as defined in O.S.H.A. (P. 1910. 411 Medical Requirements) indicating he is medically fit to dive, within the last 12 months. In the case of hospitalization for more than 24 hours the Diver must have an additional exam indicating his fitness. All Divers and Diver Tenders must show proof of training or experience in all the tools and diving operations and emergency procedures, as set forth in O.S.H.A. All Divers and Diver Tenders shall show proof they have had First Aid Training (American Red Cross Standard Course of equivalent) and training in Cardio-Pulmonary. Resuscitation to be considered qualified as set forth in O.S.H.A.
Section 3 - Stand-by Time Divers and Tenders
(a) Stand-by Time is defined as: (I) time when a Marine Diver is requested to report to a job for consultation but makes no descent; or (2) time when a Marine Diver is requested to report to a job and through no fault of his own makes no descent.
Section 4 - Shirts - Divers and Tenders.
(a) A single shift shall be a continuous nine (9) hours, starting at 8:00A.M.. except when necessary to conform with the provisions of this Article III, Section 2, Subdivision (b). The mealtime shall be one (I) hour. but it may be curtailed by one-half (112) hour.
(I) When Inspection Dives or Investigation Dives, which can be completed within eight (8) hours, are performed, for the sole purpose of determining underwater conditions on any offshift where no other trades are working, the following conditions shall prevail:
ed shall be used.
b) Ordinary diving gear and other appropriate safety gear which meet governmental standards and codes and conform to all the requirements of this Addendum may be worked or utilized.
(2) On Inspection Dives, in addition to the tender, the owner or Employer will designate a third person to be on the immediate site during the dive, for safety purposes.
(3) When any work is performed on off-shifts with other trades that receive premium wages, then the Employees covered by this Addendum shall also receive premium wages. When divers and diver tenders are working off-shift and no other trade is present and receiving premium wages, then said divers and diver tenders shall work at straight time rates for the first eight (8) hours of said off-shift.
a) When two (2) shifts are employed, the work period for each shift shall be a continuous eight (8) hours.
b) When three (3) shifts are employed, each shift will work seven and one-half (7112) hours but will be paid for eight (8) hours, since only One-half (112) hour is allowed for mealtime.
c) When two (2) or more shifts of Marine Divers and Tenders are employed, single time will be paid for each shift.
d) A week shall start at 8:00A.M. Monday and end at 8:00 AM. Saturday, except when necessary to conform with the provisions of this Article III, Section 2, Subdivision (b).
Section 5 - Overtime Marine Divers & Tenders time and one-half the wage rate shall be paid for all work performed in excess of eight (8) hours per day, and for all work performed on Saturdays. Work performed on Sundays and holidays will be at the double time rate. No Employee shall be required to work more than ten (10) hours. When a Diver is required, in accordance with OSHA. or U.S. Coast Guard standards, to remain in a Decompression Chamber beyond his eight (8) hour shift, such time shall be paid at the appropriate rate of pay, as provided herein.
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Term-Renewal
This Addendum shall continue in effect until and including June 30, 2002.
Mobility or Divers and Tenders
This Addendum will reflect the mobility of Divers and Tenders
as outlined in the United Brotherhood of Carpenters and Joiners of
America’s General Executive Board Meeting. All Fringe Benefit
Payments shall be made to the New York District Council of
Carpenters.
EMPLOYER;
DISTRICT COUNCIL OF NEW YORK
CITY AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA
By:
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