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
RESILIENT FLOOR COVERERS
AGREEMENT
BETWEEN
GREATER NEW YORK FLOOR COVERERS ASSOCIATION, INC.
AND
THE 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
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TABLE OF CONTENTS |
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Article Page |
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I Jurisdiction 1 |
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II Geographical Jurisdiction 3 |
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III Union Security 4 |
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IV Hours of Labor 5 |
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V Holidays 7 |
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VI Wage Rates and Fringe Benefits 8 |
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VII Traveling Time and Expense 14 |
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VIII Classification of Industry 16 |
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IX Job Referral 17 |
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X General Foreman, Foreman,
Lead Person 21 |
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XI Fringe Benefit Funds 22 |
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XII Bonding 30 |
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XIII Miscellaneous Conditions 33 |
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XIV Joint Trade Board & Grievance
Procedure 39 |
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XV Greater New York Floor Coverers Industry
Promotional Fund 41 |
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XVI Savings Clause 43 |
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XVII Expiration and Automatic Renewal 43 |
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XVIII ..Effectuating Clause 45
Side Letter 47 |
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ARTICLE III
UNION SECURITY
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All employees who are members of the Union at the time of signing of this Agreement shall continue membership in the Union. All other employees covered by this Agreement who are employed by Employers engaged primarily in the Building and Construction Industry shall become members of the Union seven (7) days following the beginning of employment by a member of the Association or the date of this Agreement, whichever is later, and shall retain such membership in good standing during the term of this Agreement as a condition of continued employment by a member of the Association.
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All employees covered by this Agreement who are employed by Employers not engaged primarily in the building and construction industry shall become members of the Union on the thirtieth (13) day following the beginning of employment, or the date of this Agreement, whichever is later, and shall retain such membership during the term of this Agreement as a condition of continued employment.
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The Employer agrees upon notice from the Union to discharge any person covered hereunder who has not become or remained a member in good standing in the Local 2287, provided that such membership was available to the person based on terms and conditions applicable to other members and that membership was not denied or terminated for any reason other than the failure of the individual to tender periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.
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Each Employer warrants that no enterprise which the Employer or any officer, stockholder, partner or agent of the Employer has substantial de facto interest in now, or achieves during the term of this Agreement, shall engage in any activities covered under this Agreement without being bound to all the terms and conditions of this Agreement. The parties further acknowledge that those who engage in activity in violation of this provision cause great and incalculable damage to the Union and its members. Since the exact damage suffered by the Union due to a violation of this provision is not readily calculable, the parties agree that any Employer, officer, stockholder, partner or agent who violates this Section, as well as the Employer itself, shall pay liquidated damages in the sum of ten thousand ($10,000) dollars or the amount of actual damages the Union can prove, whichever is higher to the Union for each violation of this provision.
ARTICLE IV
HOURS OF LABOR
(A) 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. 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 Floor Coverers before noon if possible. Floor Coverers will never be penalized for refusing to work overtime.
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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 Employer when changed from the normal eight (8) a.m. starting time. No Floor Coverer is to start work before the designated starting time.
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All additional hours worked shall be paid at the time and one-half rate.
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Saturday: All hours worked shall be paid for at the rate of time and one-half. When a holiday falls on a Saturday, then the rate shall be double time.
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All Floor Coverers will be given five (5) minutes time to wrap up their tools and wash up before lunch and quitting time.
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Shift Work: The Employer may work two shifts with the first shift working eight (8) a.m. to the end of the shift at straight time rate of pay. The second shift will receive one hour at double time rate 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 the beginning of the shift schedule. On shift work, the Job Steward shall work no more than the shift hours. 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.
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The contractual holidays are:
New Year's Day Columbus Day
President's Day Presidential Election Day
Memorial Day Thanksgiving Day
Independence Day Day after Thanksgiving
Labor Day Christmas Day
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It is further agreed that no work shall be performed on Sundays or Legal Holidays, except in the case of emergency or necessity, and that no work shall be performed then unless permission is granted by the District Council on the previous workday, stating location of building where work is to be performed and the number of workers required. DOUBLE TIME SHALL BE PAID FOR ALL WORK ON SUNDAYS, AND LEGAL HOLIDAYS, except as otherwise noted.
Emergency work, INVOLVING DANGER TO LIFE AND PROPERTY, may be performed without permission from the District Council.
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The listed Holidays are to be non-paid holidays except for the General Foreman, Foreman and First and Second Year Apprentices who shall be paid on a weekly basis (inclusive of holidays).
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In all cases, the Holidays referred to shall be observed on the day and date established by the State of
New York. When permission is granted to work on such Legal Holidays, double time shall be paid.
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Except as provided herein, General Foreman, Foreman and first and second year apprentices shall be employed according to the established work week as provided herein except when due to the exigencies of the situation, Local 2287 grants permission to the Employer to employ apprentices for a period of time of less than a full week. This weekly payroll basis will be followed regardless of whether a holiday falls within the week in question, provided that the individual entitled to weekly pay has been ready, willing and able to work during the week in question.
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Employees employed on the last legal working day before Christmas Day and before New Year's Day and who report to work on such days, shall receive three (3) hours' afternoon pay without working. Work performed on the afternoons of said days shall be paid at the double-time rate only. Fringe Benefit Contributions will be payable on the half-holidays referred to above.
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When a Legal Holiday, defined herein this Article, falls on a Sunday and the following day is declared a Legal Holiday, then double-time shall be paid for all hours worked. If a Holiday is to be worked, the Union shall be notified by noon of the previous work day. No work shall be performed on Labor Day.
WAGE RATES AND FRINGE BENEFITS
Wage rates and fringe benefit contribution within the bargaining unit shall be determined and/or reallocate by Union at its sole discretion:
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TOTAL WAGES & FRINGE BENEFITS - JOURNEY-
MAN FLOOR COVERERS |
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07/01/01 01/01/02 07/01/02 01/01/03
Total package
per hr. $57.48 $58.89 $60.58 $62.27 |
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07/01/03 07/01/04 07/01/05
Total package
per hr. $65.09 $67.91 $70.87 |
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FOREMAN - $3.00 PER HR. ABOVE
JOURNEYMAN SCALE
GENERAL FOREMAN - $6.00 PER HR. ABOVE
JOURNEYMAN SCALE |
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EFFECTIVE DATES 07/01/01 01/01/02 07/01/02 01/01/03
WAGE RATE PER
HOUR
Journeyman $33.68 35.09 35.67 |
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Foreman $36.68 38.09 38.67 |
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General
Foreman $39.68 41.09 41.67 |
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EFFECTIVE DATES 07/01/03 07/01/04 07/01/05
WAGE RATE PER
HOUR
Journeyman $ |
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Foreman $ |
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General
Foreman $ |
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APPRENTICES
Apprentice wage increases may be deferred for reasons
determined by the Joint Apprentice Committee and or it's
Training Director by written notice to the Employer. |
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EFFECTIVE DATES 07/01/01 01/01/02 07/01/02 01/01/03
WAGE RATE PER
HOUR
1st yr. Apprentice 40% $13.47 14.04 14.27 |
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2nd yr. Apprentice 50% $16.84 17.55 17.84 |
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3"' yr. Apprentice 65% $21.89 22.81 23.19 |
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4th yr. Apprentice 80% $26.94 28.07 28.54 |
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EFFECTIVE DATES 07/01/03 07/01/04 07/01/05
WAGE RATE PER
HOUR
1st yr. Apprentice 40% $ |
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2' yr. Apprentice 50% $ |
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3' yr. Apprentice 65% $ |
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4" yr. Apprentice 80% $ |
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FRINGE BENEFIT RATE PER HOUR
JOURNEYMAN-FOREMAN-GENERAL FOREMAN
EFFECTIVE DATES 07/01/01 01/01/02 07/01/02 01/01/03
WAGE RATE PER
HOUR |
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WELFARE $ 8.80 8.80 8.80 |
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PENSION $ 5.41 5.41 5.91 |
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ANNUITY $ 4.70 4.70 5.20 |
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A.J.R.E.I.F. $ 0.29 0.29 0.35 |
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VACATION $ 4.40 4.40 4.40 |
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SUPPLEMENTAL
FUNDS $ 0.04 0.04 0.04 |
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10 |
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U.B.C. & J.A. INT'L $ 0.06 0.06 0.06 |
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N.Y.D.C.C. LABORS
/MGT. $ 0.10 0.10 0.15 |
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TOTAL PER HOUR $23.80 23.80 24.91 |
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EFFECTIVE DATES 07/01/03 07/01/04 07/01/05
WAGE RATE PER
HOUR |
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WELFARE $ |
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PENSION $ |
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ANNUITY $ |
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A.J.R.E.I.F. $ |
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VACATION $ |
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SUPPLEMENTAL
FUNDS $ |
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U.B.C. & J.A. INT'L $ |
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N.Y.D.C.C. LABORS
/MGT. $ |
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TOTAL PER HOUR $ |
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FRINGE BENEFIT RATE PER HOUR
1st 2nd 3rd & 4th YEAR APPRENTICES
EFFECTIVE DATES 07/01/01 01/01/02 07/01/02 01/01/03
WAGE RATE PER
HOUR |
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WELFARE $ 8.80 8.80 8.80 |
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PENSION $ 2.71 2.71 2.96 |
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ANNUITY $ 2.35 2.35 2.60 |
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A.J.R.E.I.F. $ 0.29 0.29 0.35 |
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VACATION $ 2.20 2.20 2.20 |
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SUPPLEMENTAL
FUNDS $ 0.04 0.04 0.04 |
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11 |
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U.B.C. & J.A. INT'L $ 0.06 0.06 0.06 |
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N.Y.D.C.C. LABORS
/MGT. $ 0.10 0.10 0.15 |
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TOTAL PER HOUR $16.55 16.55 17.16 |
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EFFECTIVE DATES 07/01/03 07/01/04 07/01/05
WAGE RATE PER
HOUR |
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WELFARE $ |
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PENSION $ - |
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ANNUITY $ |
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A.J.R.E.I.F. $ |
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VACATION $_ - |
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SUPPLEMENTAL
FUNDS $ |
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U.B.C. & J.A. INT'L $ |
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N.Y.D.C.C. LABORS
/MGT. $ |
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TOTAL PER HOUR $ |
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The Pension, Vacation and Annuity Fund contribution
rates for Apprentices are based upon 50% of the Jour-
neyman rate.
(A) Any person directed to appear at a job site shall
be guaranteed two (2) hours pay by the Employer if the
employee appears prepared to work prior to starting time
of the workday in question. Any employee who has
worked for an Employer at a job site shall be deemed to
have been directed to report to that job site on the fol-
lowing "workday" unless the employee has been actually
directed to report to another job site the preceding "work-
day" or laid off the preceding "workday".
A Floor Coverer's work day consists of seven (7) hours.
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If the said employee does not work seven (7) hours because of personal reasons, the employee then would only be paid for hours actually worked.
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Employees covered by this Agreement shall be given one hour's notice before being discharge or laid off, and in either event they shall be fully paid at once in cash, or by company payroll check, under the conditions set forth in this |