NEW YORK DISTRICT COUNCIL
OF CARPENTERS

395 Hudson Street, 9th Floor
New York, N. Y. 10014

Telephone (212) 366-7500
Fax (212) 675-3118

FOR FRINGE BENEFIT FUNDS INFORMATION

Call (212) 366-7300 Fax: (212) 366-7444

INDEPENDENT BUILDING
CONSTRUCTION

AGREEMENT

BETWEEN
AND

DISTRICT COUNCIL OF NEW YORK CITY
AND VICINITY OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFL-CIO

JULY 01, 2001 - JUNE 30, 2006

TABLE OF CONTENTS

Article   Page

I.   Objectives    1

II   Jurisdiction    1

3. Unionion Recognition    12

4.  Union Security    12

5.   General Foreman - Foreman

Hiring Schedule     13

6.  Non Discrimination Clause -

Job Referral System    14

7. Lumping Prohibited    17

8. Geographical Jurisdiction     17

9.   Joint Venture     18

10.    Hours - Holidays - Overtime     19

11.   Wages    23

12.  Grievance Procedure     29

13. No Strike - No Lockout .................................. 31

14.  Validity    31

15.  Fringe Benefit Funds    32

16.  Surety Bond    41

17. Miscellaneous Conditions     43

18. Promotional Fund     52

19.  Expiration Clause    52

20.  Retroactivity    52

   XXI. Effectuating Clause and Signatories     53

eral Foreman or Foreman as such, they shall file a copy of such charges in accordance with Article XII.

Section 2. When four (4) or more Carpenters are employed, one (1) shall be the Foreman. The Employer at its sole discretion, may designate a second foreman, who, shall be from the local Union in which jurisdiction

the job is located.

Section 3. When five (5) or more Carpenter Foreman are employed, there will be one (1) General Foreman

designated by the Employer.

ARTICLE VI
Non-Discrimination Clause
Job Referral System

The parties agree that there shall be no discrimination in the employment, hiring or training of employees in the bargaining unit on the basis of race, creed, color, sex, national origin, age, disability, marital status, citizenship status, sexual orientation or affectional preference in all employment decisions, or Union activity as defined in applicable federal, state or local laws. 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 1. In selecting applicants from the referral list, the Union shall use the following criteria:

Carpenters will be hired from the job referral list at the District Council. The 50/50 rule will be enforced and no special requests can be made to the Union. The Contractor can hire whom he wants on his 50% ratio.

The first Carpenter on the jobsite shall be referred by the Union. The second Carpenter shall be the Employer's selection. The balance shall be 50% from the Union and 50% from the Employer. The Union will cooperate, in order to meet all legal requirements, and furnish qualm

fied Carpenters.

When an Employer requests the job referral list to send members to a job, the job referral list shall cooperate by sending only such as are experienced in the specific type of carpentry work being done on the said job by that Em-

ployer.

Applicants for referral through the Union must regis- ter with the Union. Applicants who have successfully completed the full Apprentice Program shall be presumed to have the necessary skill and experience. Whether other applicants are possessed of the necessary skill shall be determined by the Employer, subject to appeal, pursuant to Article XII of this Agreement.

Section 2. The Union will cooperate, in order to meet all legal requirements, and furnish qualified Carpenters. A working Job Steward on each shift shall be appointed by the Union. All jobs regardless of what type of agreement they work under shall have a New York District Council of Carpenters certified Shop Steward.

The Shop Steward responsibilities are:

1. Enforce Collective Bargaining Agreement regarding wage & fringe benefit rates.

2. Protect the jurisdiction of the Carpenter.

3. Check the quarterly work cards of the Carpenters, insuring that they are up to date.

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4. Be aware that all safety standards of the jobsite

are up to par.

5. Enforce 50-50 manning provisions as addressed in the Collective Bargaining Agreement.

6. Blow the whistle at the point of work promptly at

8:00 a.m. and at 12:30 p.m., and that it also be

mandatory for him to blow the whistle for the end

of work, promptly at 12:00 noon and at 3:30 p.m.

7.  Attempt to settle all disputes on the jobsite. Any dispute that is unresolved will be settled by the Business Agent of that jurisdiction.

All New York City District Council certified Shop Stewards shall be given time to fill out and deliver his or her Shop Steward reports for that work week to the Union hall in the jurisdiction area they are working in and the time must be agreed between the Employer and the Steward. When the Shop Steward has completed his work on behalf of the District Council, he shall perform any work within his trade assigned to him by the Employer. When a signatory Employer wishes to layoff a Shop Steward during a continuous employment, the Employer must notify the Union and have a meeting on the job with the Union within twenty-four (24) hours. If termination takes place, a letter must be sent to the Union.

Section 3. The apprentice ratio within this Collective Bargaining Agreement shall be two (2) apprentices to every five (5) journeyman and one of those apprentices must be a third or fourth year apprentice referred from the out-of-work list by the District Council.

All apprentices must work a minimum of 50 % of a work week on the tools with journeyman while employed

on a regular basis.

Section 4. The Employer shall retain the right to dis- charge any Carpenter referred by the Union for good cause reasons. If the Employer rejects the Carpenter, the Employer shall notify the Union in writing the reasons for rejection. The Union shall then refer other Carpenters to the Employer until the required number of Carpenters is

obtained.

ARTICLE VII
Lumping Prohibited

Section 1. The parties hereto agree to the elimination of lumping (the subcontracting of labor without material). The Subcontractor must furnish both labor and material complete under one contract; this also applies to wood flooring, it being agreed, however, that contract- ing for the installation of antique flooring or the surfac- ing of old floors shall not be classified as lumping.

Section 2. The Employer, General Contractors, Prime Contractors, Builders, or Subcontractors agree that they will not subcontract any work covered under this Agree- ment to any one in order to circumvent the payment of wages, fringe benefits, and working conditions provided

herein.

ARTICLE VIII
Geographical Jurisdiction

This Agreement shall cover work performed by Carpenter employees within the territorial jurisdiction of the District Council of New York City and Vicinity, which is

as follows:

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All of the five (5) Boroughs of the City of New York, all of the Islands in and all the waters of the adjacent Harbors, Rivers and Bays, and that portion of Long Island bounded by a line beginning at the intersection of the City Line and the North Shore of Long Island, then running southerly to the Southern State Parkway, then East to Seaford Creek in Nassau County, then South to the Atlantic Ocean, then West to the Southern tip of the Borough of Richmond, then North on Arthu Kill to Kill Van Kull, then East to Upper New York Bay, then North to the North River and Hudson River, then East to New York City Line then continue East on the New York City Line tof Long Island Sound, then Southto the intersec-

of the City Line and the North Shoe of Long Island, tion

all within the State of New York.

ARTICLE IX

Joint Venture

Section 1. The Employers stipulate that any of its subsidiaries or joint ventures to which they may be party when such subsidiaries or joint ventures engage in build-

constructk, shall be bound by the terms of ing

this Agreement.

Section 2. When Employers enters into a joint venture with an Employer who is not bound by this Agreement, then said joint ventures must either be bound through their respective Trade Associations, or it must sign an agreement with the District Council of New York City before it can employ any of its members.

Section 3. 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, in which its successors or assigns has or

acquires a financial interest.

ARTICLE X
Hours - Holidays - Overtime

Section 1. The intent is to maintain the seven hour work day, thirty five hour work week. During the term of this Agreement the work day may be increased to eight hours at straight time pay hours and a forty hour work week with written notification to the District Council prior to commencement of job and must continue for the duration of the job. Union members shall be allowed one-half (1/2) hour for lunch, exclusive from the seven or eight hour work day. Overtime hours Monday through Friday shall be paid at time and one-half. Saturday pay shall be at the time and one-half rate. The Contractor is expected to establish and maintain a reasonable work week schedule allowing for unusual jobsite conditions. Other than

an emergency, notice of all overtime work should be given

to the Carpenters before noon if possible. Carpenters

will never be penalized for refusing to work overtime.

Section 2. Flexible Starting Time: The normal work day shall start at eight (8) a.m. and may be changed by the Employer due to work site conditions to start between seven (7) a.m. and nine (9) a.m. for all or a portion of the employees. Notification to the Union will be given by the Contractor when changed from the normal eight (8) a.m. starting time. No Carpenter is to start work be-

fore the designated starting time.

Section 3.Shift Work::The Employer may work two shifts with the first shift starting at the established time

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to the end of the shift at straight time rate of pay. The second shift will receive one hour at double time rate of pay for the last hour of the shift (eight for seven, nine for eight). In addition, members of the second shift shall be allowed one-half (1/2) hour to eat, with this time being included in the hours of work established. There must be a first shift to work the second shift. All additional hours worked shall be paid at the time and one-half rate. The Employer shall notify the Union in advance of beginning the shift schedule. On shift work, the Job Steward shall work no more than one shift. There shall be a Job Steward on each shift who shall be appointed by the Union. There shall be a pre-job conference with the Union before the commencement of any shift work.

Section 4. Off-hour Work on Alteration and Repair Work: When performing alteration or repair work in an occupied building, and when it is not possible to perform said work during regular working hours, said work shall proceed during off hours, as scheduled by the Employer, but starting no later than 8:30 p.m. The work day and the rate of pay shall be the same as the second shift provisions. In addition, members of the off-hour crew shall be allowed one-half (1/2) hour to eat, with this time being included in the established work day. All additional hours worked in excess of the shift hours shall be paid at the time and one-half rate. The Employer shall notify the Union in advance of beginning said off-hour work, which shall be performed subject to the provisions of this Section and subject to notification to the Union. There shall be a pre job conference with the Union before the commencement of off-hours work.

Section 5. The Employer may start a portion of the

crew one hour prior to the established start time at straight time wages due to unusual job site conditions. The Employer will determine the number of employees required. The working Steward will be part of the early crew. It is understood this is not intended to establish a continuous

staggered work day.

Section 6. Saturday Make-up: 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 makeup day rate shall be time and one-half. 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 a.m. 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 to decline work on a make-up Satur-

day, 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 Union for men be-

fore employing men secured from any other source. A

make-up Saturday shall be no less than the seven or eight

hours as established by the shift, with one-half (1/2) hour

off to eat, charged to the hours worked.

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the men report to and remain on the job during the said fourteen (14) hours.

Section 3. Employees covered by this Agreement shall be given one (1) hour's notice before being discharged or laid off, and in either event his or her wages and benefits must be paid in full at that time.

Employees covered shall not be penalized for the one hour discharge notice. The wages shall be paid in cash or by insured check, under the conditions set forth in Section 2 of this Article. This does not apply to any temporary suspension of work during any pay week of reasons beyond the control of Employer.

All employees, at the termination of their employment, shall receive the New York State Record of Employment Form 1-A within twenty-four (24) hours of their dismissal.

Section 4. When the Employer is working under conditions in Article X, Section 1, 2, and 3, then the payment of wages shall conform to this Article XI, Section 1, 2(a) and (b) and Section 3, except that the hours indicated will change accordingly.

Section 5. This Agreement is based on the principle that the Employer is entitled to a day's work for a day's pay. Any unreasonable failure to work these hours gives the Employer the right to pay only for the hours actually worked, subject to grievance as set forth in Article XII.

Section 6. Except at the start and finish of a job, General Foreman, Foreman, and First and Second Year Apprentices shall be employed on a weekly basis which shall include wages and fringe benefits FOR HOLIDAYS. The payment of overtime rates for the General Foreman and Foreman shall be made at the minimum book rate for

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