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AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS affiliated with the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA May 1, 2012 thru April 30, 2015 and the following TEAMSTERS’ LOCAL UNIONS, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America: LOCAL 229, Scranton, PA; LOCAL 401, Wilkes-Barre, PA; LOCAL 771, Lancaster, PA; LOCAL 773, Allentown, PA; LOCAL 776, Harrisburg, PA; LOCAL 764, Milton, PA; LOCAL 429, Reading, PA; LOCAL 529, Elmira, NY. and HEAVY & HIGHWAY CONSTRUCTION WORKERS LOCAL 158, Harrisburg, PA, Affiliated with the Laborers’ International Union of North America. May 1, 2012 thru April 30, 2016 29-County Agreement between THE CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA and CARPENTERS, LABORERS and TEAMSTERS

AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

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Page 1: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

AGREEMENTBy and Between

THE CONTRACTORS ASSOCIATIONOF PENNSYLVANIA

and the

GREATER PENNSYLVANIAREGIONAL COUNCIL OF CARPENTERS

affiliated with the

UNITED BROTHERHOOD OF CARPENTERSAND JOINERS OF AMERICA

May 1, 2012 thru April 30, 2015and the following TEAMSTERS’ LOCAL UNIONS, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America: LOCAL 229, Scranton, PA; LOCAL 401, Wilkes-Barre, PA; LOCAL 771, Lancaster, PA; LOCAL 773, Allentown, PA; LOCAL 776, Harrisburg, PA; LOCAL 764, Milton, PA; LOCAL 429, Reading, PA; LOCAL 529, Elmira, NY.

and

HEAVY & HIGHWAY CONSTRUCTION WORKERS LOCAL 158, Harrisburg, PA, Affiliated with the Laborers’ International Union of North America.

May 1, 2012 thru April 30, 2016

29-County Agreement between

THE CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA

and

CARPENTERS, LABORERS and TEAMSTERS

Page 2: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA
Page 3: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

AGREEMENTBy and Between

THE CONTRACTORS ASSOCIATIONOF PENNSYLVANIA

and the

GREATER PENNSYLVANIAREGIONAL COUNCIL OF CARPENTERS

affiliated with the

UNITED BROTHERHOOD OF CARPENTERSAND JOINERS OF AMERICA

May 1, 2012 thru April 30, 2015

and the following TEAMSTERS’ LOCAL UNIONS, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America: LOCAL 229, Scranton, PA; LOCAL 401, Wilkes-Barre, PA; LOCAL 771, Lancaster, PA; LOCAL 773, Allentown, PA; LOCAL 776, Harrisburg, PA; LOCAL 764, Milton, PA; LOCAL 429, Reading, PA; LOCAL 529, Elmira, NY.

and

HEAVY & HIGHWAY CONSTRUCTION WORKERS LOCAL 158, Harrisburg, PA, Affiliated with the Laborers’ International Union of North America.

May 1, 2012 thru April 30, 2016

29-County Agreement between

THE CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA

and

CARPENTERS, LABORERS and TEAMSTERS

Page 4: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA
Page 5: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

-INDEX-

Page

ARTICLE ISec. 1, 2 Purpose ............................................................2

ARTICLE IISec. 1, 2 Definition .........................................................2Sec. 3 Successor Clause .............................................3

ARTICLE IIISec. 1 Manning ...........................................................3Sec. 2 Work/Pay Standard ..........................................3Sec. 3a Discharge for Cause/Safety .............................3Sec. 3b Manning ...........................................................3Sec. 4 Safety ...............................................................3Sec. 5 Territorial Jurisdiction .....................................4Sec. 6, 7 Understanding ..................................................4Sec. 8 Steward ............................................................4Sec. 9, 10 Federal/State Legislation Provisions ...............5Sec. 10 &11 Work Jurisdiction .............................................5

ARTICLE IVSec. 1 Union Membership Requirement ....................5Sec. 2 Hiring/Discharge on Union Request ................5Sec. 3 Non-Discrimination .........................................5

ARTICLE VSec. 1 Work Classification ..........................................5Sec. 2 Work Week ......................................................6Sec. 3 Rates of Wages ................................................6Sec. 4 Time Not Worked ............................................6Sec. 5 Zone Pay Rates ................................................6Sec. 6 Pay Stubs .........................................................6Sec. 7 Coordinated Workforce ...................................6Sec. 8 Toxic/Hazardous Waste Removal ....................6

Page 6: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

ARTICLE VISec. 1 Work Day/Week ...............................................7Sec. 2 Holidays Recognized & Pay Rate ...................7Sec. 2a Voting Time .....................................................7Sec. 3, 3a Show-Up Time .............................................7, 8Sec. 4 Overtime Rates ................................................8Sec. 4a Four Ten Hour Work Day Schedule ................8Sec. 5 Multiple Shift Work .........................................9Sec. 6 Foul Weather Rain Gear ..................................9

ARTICLE VIISec. 1, 2, 3 Pay Requirements ............................................9

ARTICLE VIIISec. 1, 2 Arbitration .......................................................9

ARTICLE IXSec. 1, 2a Arbitration Decision ......................................10Sec. 2b, 2c Arbitration Board 2d Selection/Representation ...............................10Sec. 3a, 3b, 3c Arbitration Procedures .............................10, 11Sec. 4a, 4b Arbitration Procedures ...................................11

ARTICLE X Subcontracting ...............................................11

ARTICLE XISec. 1, 2 Term of Agreement ........................................11Sec. 3 Wage Rates & Fringe Benefit Contributions .12Sec. 4 Termination Notice ........................................12Sec. 5 Delaware River Basin Compact ....................12

ARTICLE XII Favored Nation Clause ..................................13

Page 7: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

ARTICLE XIIISec. 1 Statement of Policy ........................................13Sec. 2 Schedule of Labor Rates ................................13Sec. 3 Schedule of Labor ..........................................13

ARTICLE XIV Drug/Alcohol Abuse ......................................14

CARPENTERS Wage Rates ....................................................19 Pension Fund .................................................21 Health & Welfare ...........................................21 Savings Plan Fund .........................................22 Apprentice Fund ............................................22 Consolidated Report Forms and Remittance to the Funds ................................22 Delinquency ...................................................23 Dues Supplement Check-off ..........................24 Consolidated Reporting .................................24 Apprentices ....................................................25 Layout ............................................................26 Employee Deductions ....................................27

LABORERS Wage Rates ....................................................28 Work Jurisdiction ...........................................29 Health Welfare Fund ......................................32 Pension Fund and Annuity .............................34 Key Employees ..............................................35 Trust Agreements ...........................................36 Dues Supplement Check-Off .........................37 Laborers Political League Check-Off ............37 Laborers District Council of Eastern PA Education Training Fund ...............................37 Laborers Employers Cooperation Education Trust ..............................................38

Page 8: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

TEAMSTERS Wage Rates ..........................................39,40,42 Conditions ......................................................45 Health Welfare Fund ......................................47 Pension Fund .................................................48

SIGNATORIES................................................ 48

ADDENDUM ................................................... 53

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AGREEMENTEffective: May 1, 2012 through April 30 2015 this Agreement

entered into this 1st day of May, 2012, between the CONTRACTORS’ ASSOCIATION OF EASTERN PENNSYLVANIA, hereinafter called the “EMPLOYER” and THE GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS, affiliated with the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, and Effective: May 1, 2012 through April 30, 2016, this agreement entered into this 1st day of May 2012 between the CONTRACTORS’ ASSOCIATION OF EASTERN PENNSYLVANIA herein after called the “EMPLOYER” and the following TEAMSTERS’ LOCAL UNIONS, affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 229, SCRANTON, PA., LOCAL 401, WILKES- BARRE, PA., LOCAL 771, LANCASTER, PA., LOCAL 773, ALLENTOWN, PA., LOCAL 776, HARRISBURG, PA., LOCAL 764 MILTON, PA., LOCAL 429, READING, PA., LOCAL 529, ELMIRA, N.Y., & HEAVY & HIGHWAY CONSTRUCTION WORKERS LOCAL 158 HARRISBURG, PA., affiliated with the LABORERS. INTERNATIONAL UNION OF NORTH AMERICA, hereinafter designated as the “UNIONS.”

This Agreement is negotiated by the CONTRACTORS’ ASSOCIATION OF EASTERN PENNSYLVANIA, as NEGOTIATING AGENT only, for its present and future members hereinafter referred to as the “EMPLOYER”. For any breach of this contract, the liability of the said members shall be several, not joint; and the liability of CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA shall be only that of a NEGOTIATING AGENT, acting without liability for the acts of its individual members.

It is also understood that the above-named Unions are acting only as Agent in the negotiations of this contract and that it is the Agent for those Local Unions and District Councils affiliated therewith; in no event shall the Unions be bound as principal or be held liable in any manner for any breach of this contract by any of the said affiliated Local Unions or District Councils for whom they are acting. It is further agreed and understood that the liabilities of the Local Unions or District Councils shall be several and not joint.

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It is further understood that no liability shall arise on the part of either the contractors above referred to, or the Local Unions or District Councils above referred to, by reason of any unauthorized act by any employee of said contractors, Local Unions, or District Councils, unless and until such unauthorized act is brought to the attention of the party affected and that party is given a reasonable opportunity to correct said act or ratify same.

ARTICLE ISection 1. The purpose of this Agreement is to determine the

hours, wages and other conditions of employment, and to adopt measures for the settlement of differences and maintaining a cooperative relationship so that the contractors may have sufficient capable workmen and the workmen may have as much continuous employment as possible, without interruption by strikes, lockouts, or other labor-management troubles.

Section 2. It is mutually understood that the following terms and conditions relating to the employment of workmen covered by this Agreement have been decided upon by means of collective bargaining, and that the following provisions will be binding upon the EMPLOYER and the UNIONS during the term of this Agreement and any renewal thereof. This Agreement may be modified by mutual consent in writing by the parties hereto.

ARTICLE IISection 1. “Contractor,” where used in this Agreement, means

any contractors engaged in (1) “Heavy Construction and Railroad Contracting,” or (2) “Highway Construction” work, but does not mean or include any contractor engaged in “Building Construction,” except for site work including earth and stone work on building projects.

It is understood that the superstructures of sewage disposal plants, filtration plants and pumping stations shall be classed as Building Construction.

Section 2. Workmen shall not include engineering, clerical employees, timekeepers, guards, superintendents, mechanical superintendents and assistant superintendents.

Section 3. This Agreement shall be binding upon each employer, his or its successors, administrators, executors and assigns.

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ARTICLE IIISection 1. It is customary practice for certain workmen to work

exclusively for a given contractor. Workmen shall be free to select the contractor for whom they desire to work and the contractor shall be free to select the workman members of the Unions whom he desires to employ, subject to ARTICLE IV.

When the contractor desires to hire additional members of the various crafts at any time, preference will be given to the local union involved. The local union shall have 48 hours in order to supply the contractor. When a local union does not furnish qualified workmen within 48 hours, Saturday, Sunday and Holidays excluded, the contractor shall be free to obtain workmen from any source.

Section 2. Workmen are to be paid the wages applicable to the work performed without any discount, and in return the contractors are to receive a fair and honest day’s work without any slowing down or stoppage of work.

Section 3a. The Contractor may discharge any workman for just cause, whose work is unsatisfactory or who fails to observe the safety precautions, or other rules and regulations prescribed by the contractor for the health, safety and protection of his workmen. However, no employee shall be discharged for defending the rights of any employee under the terms of this Agreement.

Section 3b. The number of men to be employed is also at the sole discretion of the contractor, and the fact that certain classifications and rates are established does not mean that the contractor must employ workmen for any one or all such classifications or to man any particular piece of plant that happens to be on the work unless the contractor has need for such plant. However this does not relieve the contractor from the responsibility of properly manning any piece of equipment that is placed in operation. The UNIONS signing this Agreement will be the sole bargaining representatives for all workmen employed on the work covered by this Agreement.

Section 4. A contractor shall not be hindered or prevented in using any type or quantity of safe machinery, tools or equipment. Members of the Union and the Employer shall comply with all safety measures required under City, County, State and Federal Safety Rules and Regulations.

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Section 5. This Agreement shall govern all “Heavy, Highway and Railroad Construction” work which any contractor performs in the following counties of Pennsylvania:

Adams Juniata Monroe Snyder Berks Lackawanna Montour Sullivan Bradford Lancaster Northampton* Susquehanna Carbon Lebanon Northumberland Tioga Columbia Lehigh* Perry Union Cumberland Luzerne Pike Wayne Dauphin Lycoming Schuylkill Wyoming York

* FOR THE CARPENTERS, LEHIGH & NORTHAMPTON COUNTIES ARE EXCLUDED.

Section 6. This Agreement covers the entire understanding between the parties hereto. No oral or written rule, regulation or understanding which is not mentioned or referred to herein or in the schedule of labor made a part hereof will be of any force or effect upon any party hereto.

Section 7. The UNIONS shall select representatives who will confer with the EMPLOYER on all matters pertaining to this Agreement.

Section 8. The authorized representatives of the Unions may visit jobs during working hours, but must not hinder or interfere with the progress of the work. The Business Manager or Field Representatives shall have the right to appoint a working Shop Steward from his craft. It shall be the responsibility of the contractor to keep the Steward informed of all workmen employed on the job and it shall be the duty of the Steward to examine the union credentials of all workmen of his trade. He shall also be allowed sufficient time to perform his duties.

When the Shop Steward is appointed on the job, he shall be the last man employed on the job.

A Steward shall have absolutely no authority to call or cause a work stoppage.

Should any violation of any nature arise, it is the Steward’s duty to report same to his Field Representative.

The contractor shall notify the Local Unions of the proposed start of work, not less than 48 hours before commencing construction.

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Section 9. The provisions of this Agreement shall be subject to any changes as mutually agreed to or made necessary by reason of enactment of Federal or State Legislation.

Section 10. If a contractor enters into a contract with the United States or the State or political subdivision thereof, for the performance of any public or semi-public work, it is understood that any provisions of this Agreement which are at variance with the provisions of such contract shall be considered to be modified or eliminated in order to conform to the provisions of such contract, provided, however, that this shall not apply so as to reduce any rates of pay scheduled in this Agreement, unless all the parties hereto shall agree in writing to such reduction in wages or modifications of working conditions.

Section 11. This Agreement is not to apply to any operations or business in which any contractor engages, except his Heavy Construction and Railroad Contracting work or Highway Construction Work.

ARTICLE IVSection 1. The Contractors agree that in the employment of

workmen to perform the various classifications of labor required in the work under this Agreement, they will not discriminate against applicants because of membership or nonmembership in the Unions. Each employee shall, as a condition of employment, thereafter, become and remain a member of the Union for the term of his employment on and after the 8th calendar day after his employment by a contractor or contractors in the area covered by this Agreement.

Section 2. The hiring of new workmen and the discharging of employees upon the request of the Unions, shall be in accordance with the National Labor Management Relations Act of 1947 and amendments thereto.

Section 3. No employee or applicant for employment, shall be discriminated against by reason of race, religion, color, sex, age, or national origin.

ARTICLE VSection 1. All workmen employed under this Agreement shall

be classified in accordance with schedule of labor and no other classifications of labor of any kind will be recognized. Any questions relative to the classification of a workman will be settled by a contractor

Page 14: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

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and the Union Representatives, and if they are unable to reach a mutual decision, the matter shall be referred to the decision of the Arbitration Board. The Contractor may classify such workmen pending the final decision of the Arbitration Board.

Section 2. Hourly rates of wages for each classification of labor are also set forth in the Schedule of Labor. The hourly rates are based on a forty (40) hour week unless modified by Legislative requirements or contract requirements of Governmental Agencies.

Section 3. The rates of wages set forth in the Schedule of Labor will apply to all work and every workman covered by this Agreement, except as modified by ARTICLE XI, Section 3. FRINGE BENEFITS - Fringe Benefits will be paid on a straight time basis for all work performed.

Section 4. No payment is to be made for time not worked except provided under ARTICLE VI, Section 3, ARTICLE VI, Section 4a., and ARTICLE VII, Section 2.

Section 5. In case of an employee working in two (2) different job wage rate scales the rate of pay shall be that of the actual work performed on each job.

Section 6. On each pay envelope or detachable pay stub shall be specified the pay period, the name of the Employer, the hours worked and all itemized deductions. If the employee is paid by cash, his name shall appear on the pay envelope.

Section 7. All work may be performed by a coordinated work force. Work assignments will be made to facilitate the concept of the coordinated workforce. The Unions agree to perform work outside their craft jurisdiction to avoid nonproductive hours. Employees will be paid at their normal craft rate and fringe benefit cost per hour. The employers shall make every effort to assign and maintain work assignments with craft jurisdictional lines. Use of coordinated work force to be discussed at pre-job conference.

NOTE: Teamsters Locals need to be contacted on a job by job basis for approval.

Section 8. All Toxic/Hazardous projects will be subject to any and all safety regulations and insurance provisions that may be required by the appropriate governmental agencies.

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On hazardous waste removal work, on a state or federally designated hazardous waste site, where the Carpenter, Laborer, or Teamster is in direct contact with hazardous material and when personal protective equipment is required for respiratory or skin and eye protection, the Carpenter, Laborer or Teamster shall receive the hourly wage plus an additional twenty percent (20%) of that wage.

ARTICLE VISection 1. On all work, other than that sponsored by a

Governmental Agency, wherein the hours of work are specified, the normal work day shall consist of eight (8) continuous hours, exclusive of lunch time, during any twentyfour (24) hour period, and the normal work week shall consist of forty (40) hours. If an employee has not been given his halfhour lunch break, he is to be paid time and one-half for the onehalf hour lunch period which he has been working. While work is proceeding, he shall be allowed time to eat, as the work allows, during the first six hours.

If forty (40) hours have been reached by Thursday, notification to work Friday, Saturday or Sunday will be given at the end of the shift. Starting times shall be established by the employer to best suit the job needs. Staggered starting times for crews shall be utilized when necessary.

Section 2. All work on the following holidays: Memorial Day, Independence Day, Thanksgiving Day, Christmas Day and New Year’s Day, shall be paid for at the rate of double time. Holidays observed shall be celebrated in accordance with the designated set forth in the “Federal Monday Holiday Act”.

No work on Labor Day unless to protect property and life and in such cases the rate shall be paid for at double time. Time lost on Holidays may not be made up at the straight time on Saturdays or over eight (8) hours Monday through Friday.

Section 2a. No employee shall be refused sufficient time off from his work on National and State Election Days in order that he may exercise his right to vote. This shall in no way act to the prejudice of such employees.

Section 3. When the Contractor orders an employee through the Unions and the employee appears on the job, shift or work at the time ordered with a card from Headquarters showing that the employee came to fill the request, the employee must be put to work or paid

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no less than two (2) hours time, unless otherwise provided for in the Schedule of Labor.

Each employee shall be guaranteed a minimum of one (1) hour when reporting for work. If started to work, the employee shall be paid a minimum of two (2) hours.

Reporting time will be one (1) hour, up to two (2) hours of reporting time per day will not count toward the forty (40) hour threshold for purposes of overtime. Workmen are not to be kept on the project longer than nine (9) hours per day, including reporting time and working time, without the payment of overtime. Payment for all time not worked will be at straight time basis.

Section 3a. Employee must call in on the day of inclement weather, if directed to report to work, and upon arrival, is not put to work, Employee shall receive two (2) hours show-up time, otherwise Article VI, Section (3) prevails.

Section 4. All work performed by any employee over nine (9) hours in one day, or forty (40) hours in any week, Monday through Saturday, shall be paid at the rate of time and one-half. All work performed on Sunday shall be paid for at the rate of double time.

Section 4a. Four Ten Hour Day Work Schedule - Contractors may institute a four day work week of ten (10) hours per work day without incurring overtime where such work week is not prohibited by the Federal Contract Work Hours and Safety Standards Act or any other federal or state laws or regulations or job contract conditions.

In such event time and one-half (1 1/2) will be paid for all work in excess of ten (10) hours per day and forty (40) hours per work week. Where due to conditions on a job arising out of inclement weather forty (40) hours have not been worked in the week (exclusive of overtime) then time worked on Friday and Saturday as make-up time shall be on straight time basis. In the event make-up time is to be worked, not less than an eight (8) hour day shall be scheduled.

Any employee hired on any day of the week Monday through Friday, and who does not lose any time from the day of his or her initial hire until Friday and/or Saturday, shall receive time and one-half (1 1/2) the regular rate of wages for Friday and/or Saturday if the job is working more than the forty (40) hour schedule on that day, and time and one-half ( 1 1/2) is being paid.

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Holidays occurring on any day of the week from Monday through Thursday shall be considered as a day worked.

Any employee who on his own accord is absent from work on any day of the week from Monday through Thursday, then such employee if he works on Friday and/or Saturday of the week during which the absence occurs, shall be paid at straight time wages; provided, however, that any work in excess of ten (10) hours on Friday and/or Saturday shall be paid at time and one-half (1 1/2) the regular rate of wages in any event.

The contractor shall give notice of not less than five (5) working days when reverting to eight (8) hours per day and forty (40) hours per week.

For all time worked on Sundays and those Holidays listed in this Agreement, the employees shall be paid the rate as provided in this Agreement.

Section 5. Multiple Shift Work - The EMPLOYER shall have the option of establishing multiple shifts which will best suit the job, or operation. There will be no wage rate differentials for multiple shift work.

Section 6. When employees are required to work in foul weather, foul weather rain gear shall be provided by the employer. Foul weather rain gear will remain the property of the employer and shall be returned to the employer.

ARTICLE VIISection 1. All wages shall be paid weekly to workmen.

Section 2. If a workman is permanently laid off or discharged, he must be paid within one (1) hour of time of discharge and shall be paid straight time for any time employee is required to wait beyond such one (1) hour. This shall be construed to apply to normal working hours.

Section 3. If a workman quits of his accord he shall wait for his pay until the next regular pay day.

ARTICLE VIIISection 1. Should differences of any kind arise between any

contractor and the Unions or members thereof, it is specifically agreed that there will be no lockouts, strikes, or stoppage of any work of any sort and all grievances and complaints which the parties involved

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are unable to adjust shall be submitted to the Arbitration Board for settlement. Violations of payment or rates of pay and overtime work, as provided in this Agreement, shall not be considered as subject to arbitration but such disputes shall in no case be the subject for arbitrary action on the part of either party unless first submitted to the Unions involved and the General Manager of the Association.

Section 2. All grievances, complaints, or violations must be submitted to the Employer and the Union within ten (10) working days of the date occurrence.

ARTICLE IXSection 1. This is an Arbitration Agreement and all differences

must be arbitrated and the decision of the arbitrators shall be final and binding on the parties hereto, and there shall be no stoppage of work during such arbitration.

Section 2a. For the purpose of arbitration, a Joint Arbitration Board shall be created by the parties hereto, both the EMPLOYER and the UNIONS selecting three (3) members each who will constitute such Board. The Alternate Members who will serve when needed to secure full representation of either party on such Joint Arbitration Board shall be selected by the parties hereto.

Section 2b. In the event of unequal representation of the parties hereto at any meeting of the Board for consideration of differences, the majority party shall forego such unequal representation to voice and vote at such meeting.

Section 2c. The representatives of the EMPLOYER shall be from the membership of the Association and the representative of the UNION shall be regular elected officers of the Unions.

Section 2d. The Board shall meet each year and select a Secretary.

Section 3a. In the event differences arising under this Agreement, an earnest effort shall first be made to settle such differences between the individual contractor and his employees.

Section 3b. In the event of failure to reach a satisfactory settlement in this matter, the matter shall be referred to the Joint Arbitration Board in written form by either party thereto and the Board shall meet within five (5) days from date such matter and make its decision which shall be final. If the Board fails to render a decision within five (5) days, then the matter shall be referred to an impartial Arbitrator, with 15

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days, who shall arrange for a hearing within 90 days of filing for Arbitration unless both parties mutually agree to postponement. The Arbitration shall render a decision within 30 days after the conclusion of the hearing. A strike or lockout to enforce the decision of the Joint Arbitration Board is not a violation of the No Strike/No Lockout provisions of this Agreement.

Section 3c. All matters of decision shall be delivered to the Secretary of the Board and he in turn shall deliver to the Contractor and the Union, a written statement of the decision of the Board.

Section 4a. Arbitration proceedings shall follow the rules of procedures set up by the American Arbitration Association. In the event an umpire is necessary, he shall be picked from a list furnished by the American Arbitration Association; he shall be familiar with conditions in the industry and will be prohibited from making any additions or deletions from the Agreement as adopted by the EMPLOYER and UNIONS. The decision of the Arbitrator shall be final and binding on both parties.

Section 4b. The arbitration expenses of the impartial umpire shall be borne by the LOSING PARTY.

ARTICLE XIf a signatory General Contractor can not find a competitive

subcontractor, the signatory general contractor will make every effort to notify the affected unions, giving them the opportunity to find a competitive union subcontractor. If the unions can not obtain a competitive subcontractor, the signatory general contractor will then have the opportunity to utilize the non union subcontractor. The union may request a pre job meeting with the non union subcontractor and the signatory contractor will make every effort to try and arrange the pre job meeting. Non union subcontractor project agreements would not be mandatory.

ARTICLE XISection 1. This Agreement shall be become effective on May 1,

2012.

Section 2. It is understood and agreed by and between the CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA and the GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS affiliated with the

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UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA hereto that this Agreement is to extend for a three year period beginning May 1, 2012; and it is understood and agreed by and between the CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA and the TEAMSTERS’ LOCAL UNIONS, affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFERS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 229 SCRANTON, PA., LOCAL 401, WILKES-BARRE, PA., LOCAL 771, LANCASTER, PA., LOCAL 773, ALLENTOWN, PA., LOCAL 776, HARRISBURG, PA., LOCAL 764, MILTON, PA., LOCAL 429, READING, PA., LOCAL 529, ELMIRA, NY., & HEAVY & HIGHWAY CONSTRUCTION WORKERS LOCAL 158 HARRISBURG, PA., affiliated with the LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA hereto this this Agreement is to extend for a four year period beginning May 1, 2012.

Section 3. On all work with prevailing wage rates and fringe benefit contributions contained in the bid specifications, those wage rates and fringe benefit contributions will stay in effect for the life of the project. If future wage rate and/or fringe benefit increases appear in the bid specifications, those wage rates and fringe benefit contributions must be paid when due and this paragraph is not applicable.

Where no wage rates and fringe benefit contributions are specified, a new wage rate and fringe benefit rates shall be calculated in an amount not to exceed 80% of the current Collective Bargaining Agreement total package of wages and fringe benefit contributions then in effect on the bid date of project.

Section 4. This Agreement shall continue from year to year unless notice to terminate or to effect a change in any Article herein is given in writing ninety (90) days prior to expiration. It is understood that such notice shall not be honored if presented more than one hundred twenty (120) days prior to such expiration date. Both parties pledge themselves to meet within twenty (20) days from time of such notice.

Section 5. It is understood that wage rates for construction contracts, let by the Federal Government, arising out of the Delaware River Basin Compact, will be subject to further negotiations between the parties.

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ARTICLE XIIIt is understood that if the Unions enter into any Agreement with

any contractor engaged in Heavy, Highway and Railroad Construction within the area designated herein upon more favorable terms to such other contractor than are embodied in this Agreement, this Agreement shall be amended so as to afford the party to this contract the same terms.

ARTICLE XIIISection 1. This Agreement, composed of the Statement of Policy

and ARTICLES I to XIII inclusive, shall be effective and binding on the parties at interest from May 1, 2012

Section 2. The Schedule of Labor Rates shall be in force during the period of this Agreement between the EMPLOYER and UNIONS except as modified by ARTICLE XI, Section 3.

Section 3. The Schedule of Labor shall be individual Agreements between the EMPLOYER, and the individual Unions, included in this Agreement.

It is agreed by and between the CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA and the GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS affiliated with the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA hereto that the term of this contract shall extend to April 30, 2015; and it is agreed by and between the CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA and the TEAMSTERS’ LOCAL UNIONS, affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFERS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 229 SCRANTON, PA., LOCAL 401, WILKES-BARRE, PA., LOCAL 771, LANCASTER, PA., LOCAL 773, ALLENTOWN, PA., LOCAL 776, HARRISBURG, PA., LOCAL 764, MILTON, PA., LOCAL 429, READING, PA., LOCAL 529, ELMIRA, NY., & HEAVY & HIGHWAY CONSTRUCTION WORKERS LOCAL 158 HARRISBURG, PA., affiliated with the LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA hereto that the term of this contract shall extend to April 30, 2016.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written.

ARTICLE XIVJoint Labor-Management Drug/Alcohol Abuse Program

As a joint commitment to protect people and property and to provide a safe working environment, the Union and the Association cooperatively adopt the following Drug/Alcohol Abuse Program which may be modified hereafter.

Section 1. POLICY STATEMENT - The parties recognize the problems created by drug and alcohol abuse and the need to develop prevention and treatment programs. The Company and the signatory Unions have a commitment to protect people and property, and to provide a safe working environment. The purpose of the following program is to establish and maintain a drug free, alcohol free, safe, healthy work environment for all of its employees.

Section 2. DEFINITIONS

Section 2a. Company Premises - The term .Company Premises. as used in this policy includes all property, facilities, land, buildings, structures, automobiles, trucks and other vehicles owned, leased or used by the Company. Construction job sites for which the Company has responsibility are included.

Section 2b. Prohibited Items & Substances - Prohibited substances include illegal drugs (including controlled substances, look alike drugs and designer drugs), alcoholic beverages, and drug paraphernalia in the possession of or being used by an employee on the job.

Section 2c. Employee - Individuals, who perform work for the Company including, but not limited to, management, supervision, engineering, craft workers and clerical personnel.

Section 2d. Accident - Any event resulting in injury to a person or property to which an employee or contractor/contractor’s employee, contributed as a direct or indirect cause.

Section 2e. Incident - An event which has all the attributes of an accident, except that no harm was caused to person or property.

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Section 2f. Reasonable Cause - Reasonable cause shall be defined as excessive unexcused absenteeism, and erratic behavior such as noticeable imbalance, incoherence and disorientation.

Section 3. CONFIDENTIALITY

Section 3a. All parties to this policy and program have only the interests of employees in mind, therefore, encourage any employee with a substance abuse problem to come forward and voluntarily accept our assistance in dealing with the illness. An employee assistance program will provide guidance and direction for you during your recovery period. If you volunteer for help the Company will make every reasonable effort to return you to work upon your recovery. The Company will also take action to assure that your illness is handled in a confidential manner.

Section 3b. All actions taken under this policy and program will be confidential and disclosed only to those with a “need to know” as per applicable law(s).

Section 3c. When a test is required, the specimen will be identified by a code number, not by name, to ensure confidentiality of the donor. Each specimen container will be properly labeled and made tamper proof. The donor must witness this procedure.

Section 3d. Unless an initial positive result is confirmed as positive, it shall be deemed negative and reported by the laboratory as such.

Section 3e. The handling and transportation of each specimen will be properly documented through the strict chain of custody procedures.

Section 4. RULES-DISCIPLINARY ACTIONSGRIEVANCE PROCEDURES

Section 4a. Rules - All employees must report to work in a physical condition that will enable them to perform their jobs in a safe and efficient manner. Employees shall not:

1). Use, possess, dispense or receive prohibited substances on or at the job site; or

2). Report to work with any measurable amount of prohibited substances in their system. A measurable amount is a level of detection above the lowest screening and confirmation cut-off levels as per U.S. Department of Health and Human Services (DHHS) regulations.

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Section 4b. Discipline - When the Company has reasonable cause to believe an employee is under the influence of a prohibited substance, for reasons of safety, the employee may be suspended until test results are available. If no test results are received after three working days, the employee, if available, shall be returned to work with back pay. If the test results prove negative, the employee shall be reinstated with back pay. In all other cases:

1). Applicants testing positive for drug use will not be hired.

2). Employees who have not voluntarily come forward, and who test positive for a drug use, will be terminated.

3). Employees who refuse to cooperate with testing procedures will be terminated.

4). Employees found in possession of drugs or drug paraphernalia will be terminated.

5). Employees found selling or distributing drugs will be terminated.

6). Employees found under the influence of alcohol while on duty, or while operating a company vehicle, will be subject to termination.

Section 4c. Prescription Drugs - Employees using a prescribed medication which may impair the performance of job duties, either mental or motor functions, must immediately inform their supervisor of such prescription drug use. For the safety of all employees, the Company will consult with you and your physician to determine if a re-assignment of duties is necessary. The Company will attempt to accommodate your needs by making an appropriate re-assignment. However, if a re-assignment is not possible, you will be placed on temporary medical leave until released as fit for duty by the prescribing physician.

Section 4d. Grievance - All aspects of this policy and program shall be subject to the grievance procedure of the applicable collective bargaining agreements.

Section 5. DRUG/ALCOHOL TESTING

The parties to this policy and program agree that under certain circumstances, the Company will find it necessary to conduct drug and alcohol testing. “So also, the company will conduct drug and alcohol testing for its employee-drivers in accordance with the applicable

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Department of Transportation (DOT) regulations”. While .random. testing is generally not necessary for those employees not covered by DOT regulations for the proper operation of this policy and program, it may be necessary to require testing under the following conditions.

Section 5a. A pre-employment drug and alcohol test may be administered to all applicants for employment;

Section 5b. Unannounced project site testing may be performed provided all employees on the project are tested, unless the employer exempts them because he determines they have been tested recently and possess a valid drug free identification card;

Section 5c. A test may be administered in the event a supervisor has a reasonable cause (as defined in section 2f) to believe that the employee has reported to work under the influence or is or has been under the influence while on the job; or has violated this drug policy. During the process of establishing reasonable cause for testing, the employee has the right to request his on-site representative to be present;

Section 5d. Testing may be required if an employee is involved in a workplace accident/incident or if there is a workplace injury;

Section 5e. Testing may be required as a part of a followup to counseling or rehabilitation for substance abuse, for up to a 1-year period;

Section 5f. Employees may also be tested on a voluntary basis.

Each employee will be required to sign a consent and chain of custody form, assuring proper documentation and accuracy. If an employee refuses to sign a consent form authorizing the test, ongoing employment by the Company will be terminated.

Drug testing will be conducted by a Substance Abuse and Mental Health Services Administration or similarly accredited laboratory, and may consist of either blood or urine tests, or both, as required. Blood tests will be utilized for post accident investigation only. Urine specimen collection process shall follow D.O.T. guidelines using split sampling. Any positive test will result in the employee being suspended until a second test of the employee sample can be retested. The employee must request a second test of their sample and the cost of the second test will be the employee’s responsibility. If the employee does not request a second test, they will be immediately

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discharged. In the event the second test is negative, the cost of the test will be paid by the Company. The employee will be returned to work and compensated for any lost wages.

The Company will bear the costs of all testing procedures including all time spent at the jobsite for mobile testing. In addition, if an employee is directed to an off-site testing location, the employee shall be paid for .reasonable. travel testing time.

Section 6. REHABILITATION AND EMPLOYEE ASSISTANCE PROGRAM

Employees are encouraged to seek help for a drug or alcohol problem before it deteriorates into a disciplinary matter. If an employee voluntarily notifies supervision that he or she may have a substance abuse problem, the Company will assist in locating a suitable employee assistance program for treatment, and will counsel the employee regarding medical benefits available under the Company or Union health & welfare/insurance program.

Any employee who:

Section 6a. Voluntarily seeks and completes or;

Section 6b. Tests positive for a controlled substance;

And completes assistance/treatment recommended by a certified Substance Abuse Professional shall be deemed eligible for rehire by the company.

THE CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA

KEVIN R. SCHULTZ JAMES R. DAVIS

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THE FOLLOWING TEAMSTERS’ LOCAL UNIONS, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA:

Local 229, Scranton, PA Local 401, Wilkes-Barre, PA Local 429, Reading, PA Local 771, Lancaster, PA Local 773, Allentown, PA Local 776, Harrisburg, PA Local 529, Elmira, NY Local 764, Milton, PA

By JOSEPH WIEDER, Chairman Teamsters Negotiating Committee

GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS

VINCE WEAVER MIKE WELSH

HEAVY & HIGHWAY CONSTRUCTION WORKERS’ LOCAL 158, HARRISBURG, PA. AFFILIATED WITH THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA

NICK BOZZA, Executive Board LOUIE ALBERTELLI, Vice President JAMES M. ANDREWS, Secretary Treasurer RONALD TOMASETTI, Business Manager

The rates and special conditions listed on the following pages for the Carpenters, Laborers and Teamsters shall be applicable as follows:

THESE WAGE RATES DO NOT APPLY TO LEHIGH AND NORTHAMPTON COUNTIES

CARPENTERSHourly Rate

5/1/12 5/1/13 5/1/014

Rate for Journeyman Carpenter/Piledriver $27.18 $27.92 $28.72

Rate for Carpenter Foreman (10% above Journeyman) $29.90 $30.71 $31.59

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These rates shall not apply to Swimming Pools, Buildings, Power Plant Buildings, (Including the Foundation thereof), structures above or below grade in Filtration plants, Sewage Disposal Plants and Tunnels connecting thereto.

Where Carpenters are employed to install Stay-In-Place forms, commonly known as SIP forms, they shall be guaranteed a minimum of two (2) hours compensation at their regular rate, even though they are prevented from working by inclement weather. All welders shall be paid the same hourly rate.

The employer is to provide a room where the Carpenters can keep their tools and change their overalls.

Upon employment, the Carpenter shall furnish to the Employer, a list of the type and make of tools. The Employer has the right to visually inspect the tools if he or she so desires.

The Employer shall be held responsible for loss by theft that takes place outside working hours when the tool room or shed is exclusively used by Carpenters. If the tool shed or room is used by other crafts as well as carpenters, then the employer shall be held responsible for loss by theft during the work day as well as outside of the working hours.

In case of theft, the Employee shall be reimbursed a maximum of $650.00 for their tools within two (2) weeks and/or prior to being laid off.

In hiring any employees the employer shall give preference to and shall hire area residents. Residents are those persons residing within the area and jurisdiction of the Greater Pennsylvania Regional Council of Carpenters. The Contractor shall notify the Local Unions of the proposed start of work, not less than 48 hours before commencing construction.

The expense of filing saws shall be borne by the Contractor. This shall be limited to saws currently being used on the project.

Carpenter Foreman - Any carpenter who is required to handle the prints, oversee the work, or direct other carpenters in the performance of their duties shall be considered a foreman and shall receive foreman’s wages, this shall not preclude having salaried foreman.

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PENSION FUNDEffective May 1, 2012, the Employer agrees to pay into Greater

Pennsylvania Carpenters Pension Fund for each hour worked by carpenter employees, the sum four dollars and thirty-five cents ($4.35) per hour worked.

Effective May 1, 2013, the Employer agrees to pay into Greater Pennsylvania Carpenters Pension Fund for each hour worked by carpenter employees, the sum four dollars and forty-seven cents ($4.47) per hour worked.

Effective May 1, 2014, the Employer agrees to pay into Greater Pennsylvania Carpenters Pension Fund for each hour worked by carpenter employees, the sum four dollars and sixty cents ($4.60) per hour worked.

All payments to the Fund are due no later than the last day of the month following the month in which gross wages were earned

A copy of the Agreement and Declaration of Trust and provisions for the operation of said Pension Fund are made a part hereof by reference hereto.

HEALTH AND WELFARE FUNDEffective May 1, 2012, the Employer agrees to pay into the

Greater Pennsylvania Carpenters. Medical Plan for each hour worked by carpenter employees, the sum of five dollars and sixty-seven cents ($5.67) per hour worked.

Effective May 1, 2013, the Employer agrees to pay into the Greater Pennsylvania Carpenters. Medical Plan for each hour worked by carpenter employees, the sum of five dollars and eighty-six cents ($5.86) per hour worked.

Effective May 1, 2014, the Employer agrees to pay into the Greater Pennsylvania Carpenters. Medical Plan for each hour worked by carpenter employees, the sum of six dollars and three cents ($6.03) per hour worked.

All payments to the Fund are due no later than the last day of the month following the month in which gross wages were earned

A copy of the Agreement and Declaration of Trust and provisions for the operation of the said Health and Welfare Fund are made a part hereof by reference hereto.

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SAVINGS PLAN FUNDEffective May 1, 2012, the Employer agrees to pay into the

Greater Pennsylvania Carpenters. Savings Plan for each hour worked by carpenter employees, the sum of two dollars ($2.00) per hour worked.

Effective May 1, 2013, the Employer agrees to pay into the Greater Pennsylvania Carpenters. Savings Plan for each hour worked by carpenter employees, the sum of two dollars and fifteen cents ($2.15) per hour worked.

Effective May 1, 2014, the Employer agrees to pay into the Greater Pennsylvania Carpenters. Savings Plan for each hour worked by carpenter employees, the sum of two dollars and twenty-five cents ($2.25) per hour worked.

All payments to the Fund are due no later than the last day of the month following the month in which gross wages were earned

APPRENTICE FUNDEffective May 1, 2012, the Employer agrees to pay into the

Greater Pennsylvania Regional Council of Carpenters Apprentice Fund for each hour worked by Carpenter employees, the sum of twenty-six cents ($0.26) per hour worked.

Effective May 1, 2013, the Employer agrees to pay into the Greater Pennsylvania Regional Council of Carpenters Apprentice Fund for each hour worked by Carpenter employees, the sum of twenty-six cents ($0.26) per hour worked.

Effective May 1, 2014, the Employer agrees to pay into the Greater Pennsylvania Regional Council of Carpenters Apprentice Fund for each hour worked by Carpenter employees, the sum of twenty-six cents ($0.26) per hour worked.

All payments to the Fund are due no later than the last day of the month following the month in which gross wages were earned

CONSOLIDATED REPORT FORMS AND REMITTANCE TO THE FUNDS

The above Medical, Pension, Savings, Dues, Training and Industry Program funds, contributed by the employer or deducted from the employee’s wages, shall be payable to the Funds as the wages

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become due and remitted in the manner set forth under the provisions of the Consolidated Contribution Report.

The Employer shall prepare the Consolidated Report of the contributions and deduction to the respective Funds, including the names, gross wages, and the amounts being remitted for each employee, and shall pay the total of the combined rates times the gross wages, as specified in this Agreement, for Medical, Pensions, Savings, Working Dues, Training and Industry Fund, in a single check made payable to PNC Carpenter’s Contribution Trust Account and submitted no later than the last day of the month following the month in which gross wages were earned which gave rise to Employer’s obligation to submit the report and contributions/deductions in payment thereof. The monies shall be distributed to each fund accordingly.

Reports together with the remittance check shall be forwarded to: PNC Bank, P.O. Box 640879, Pittsburgh, PA 15264-0879.

Report forms shall be provided by the Administrative Office of the Funds and shall be prepared in accordance with the instructions contained thereon.

In the event a Contractor ceases work in the area, he shall prepare a report for the last month in which employees worked, and mark this report Final Report. In the event a Contractor has no work during a given calendar month, the Contractor must still submit a report to the Funds marked no work.

The Trustees of the Funds shall not be obligated to invoke or exhaust any grievance and arbitration procedures that might be contained in any agreement between the Union and an Employer in order to compel an audit of the Employer’s records or to collect unpaid contributions.

DELINQUENCYAny Employer contributions to the Funds shall be considered

delinquent if not received by the Fund Office by the thirtieth (30th) day of the month when such monthly contributions are due. Non-payment or late payment by any Employer of any Contribution shall not relieve any other Employer of its obligation to make timely payments. In the event an Employer is delinquent in paying any Contribution to the Funds, the Employer shall be obligated to pay to the funds, in addition to the principal contributions required, the following:

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a. Interest on the amount of the delinquent contributions equal to the greater of : (1) the rate of one and one-quarter percent (1.25%) per month or portion thereof, or (2) the rate prescribed under the Internal Revenue Code (26 U.S.C. 6621), as amended, such interest to accrue until paid regardless of whether judgment has been entered against the Employer, and

b. An amount equal to the greater of (1) interest on the delinquent contributions as defined in subsection (a) above; or (2) liquidated damages in the amount of ten (10%) percent of the amount of the delinquent contributions, to cover added administrative, bookkeeping and staff expenses, and

c. Attorney’s fees equal to the greater of (1) twenty (20%) percent of the total amount due to the Funds, but not less than $850.00, or (2) such amount as may be shown by Affidavit submitted by Fund counsel, plus all other costs and expenses related to the collection of all amounts due to the Funds. The Employer shall pay such fees whether or not suit has been files to collect such delinquency.

d. Should any Employer remain delinquent in remitting said deductions and/or contribution for a period of thirty (30) calendar days or more, the Union and/or the Collection Committee of the Funds shall have the power, in their own discretion, to require such delinquent Employer to post security for the payment of such delinquencies in the form of cash or a corporate security bond in twice the amount of the delinquency, or at their discretion, may institute a weekly two (2) check system for any such Employer.

UNION DUESUpon written request of the employees, the Employer agrees to

deduct from the wages of those employees who so authorize, working dues in the amount of 4.9% of Gross Wages for each employee. All money so deducted shall be paid by the Employer to the Greater Pennsylvania Regional Council of Carpenters together with a report containing the hours worked, the names and social security numbers of the employees from whose wages the deductions were made.

CONSOLIDATED REPORTINGIn order to reduce the amount of time on bookkeeping expenses

which would otherwise be incurred by the Employer in submitting separate reports and contributions to the Health and Welfare Fund, Pension Fund, Apprentice Fund and dues check-off to the Union as

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required under the terms of this contract, it is agreed that the Employer shall consolidate all monthly payments due to the foregoing Funds and the Union in a single check made payable to the Carpenters General Fund, and sent to the appropriate administrator. In lieu of sending separate report forms to each fund and to the Union the Employer shall prepare and send along with a single check a consolidated report form. The Employer shall file a report monthly even though the report may be a negative one.

APPRENTICESContractor may use apprentices. The rate of wages for Apprentice

shall be as follows:

Hourly Rate

5/1/12 5/1/13 5/1/14

1st Year (60% of Journeyman) $16.31 $16.75 $17.23 2nd Year (70% of Journeyman) $19.03 $19.54 $20.10 3rd Year (80% of Journeyman) $21.74 $22.34 $22.98 4th Year (90% of Journeyman) $24.46 $25.13 $25.85

The use of apprenctices will be at the discretion of the employer.

All fringes are paid same as journeyman per hours worked.

In addition, work assigned to Carpenter Journeyman, Carpenter Apprentices and Carpenter Foreman, shall include line and grade work consisting, by way of example but not of limitation, tasks of lay-out; the setting of grades and elevations; the setting of vertical and horizontal controls on various floor levels; the layout of centerlines; the establishment of all measurements and levels; and the establishments of curb lines, axis lines, partition lines, etc. relative to the performance of carpenters work.

It is understood that the Contractor may utilize employees represented by the Laborers. Heavy and Highway Construction Workers Local 158 to aid carpenters by performing, as assigned by supervision, those duties essential to the performance of the foregoing tasks which employees so represented have in the past performed. It is further understood that the EMPLOYER may continue to permit

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employees represented by other building and construction trade and craft unions to perform such of the above or similar tasks in connection with the work of their respective trades crafts as they have customarily in the performance of site and excavation work. Laborers will be utilized to check line and grade by whatever means necessary including but not limited to the use of GPS, data collecting rover poles as they have customarily performed in the counties listed in Article III, Section 5, in the Commonwealth of Pennsylvania. Said tasks may also be performed to the same extent, and under the same circumstances as in the past, by the Contractor or if the Contractor is a corporation or partnership, by the executive officers or partners of the Contractor and by the Contractor’s management personnel, superintendents and foremen.

It is understood that, as in the past, (1) the Contractor has the right to subcontract the initial lay-out work to professional surveying firms, and also to subcontract continuing lay-out work to professional surveying firms, (2) that the Union will in no manner interfere with any initial lay-out of lines and grade outside the direct control of the Contractor, or interfere with the work of City, County and other governmental surveyors performing lay-out work for any such governmental agency as its employees.

A. Nothing shall prevent a member of a lay-out crew who is performing one category of lay-out work from temporarily performing another category of lay-out work for reasonably short periods of time, provided that such temporary assignment shall not affect his rate of pay.

B. The rates of pay for members of a lay-out crew (other than employees represented by the Heavy and Highway Construction Workers Local #158 who are assigned thereto in conformity with this Agreement) shall be as follows:

It is agreed that an employee described in paragraph B., when not engaged in lay-out work, may perform other duties as assigned by the Contractor.

C. If a Carpenter Apprentice, Carpenter Journeyman or Carpenter Foreman, as the case may be, is given lay-out work to do, he shall, nevertheless receive his regular hourly rate of pay.

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EMPLOYEE DEDUCTIONS1. The Employer agrees to deduct eleven (11) cents per hour

worked from the wages of the employees, said money to be designated as an Employee deduction and made payable to the Carpenters Combined Funds

2. If the employees does not sign an authorization card authoring the eleven (11) cents per hour worked deducted from his/her pay, to be used elsewhere, said money shall be paid into the Carpenters Local Union No. 2274 Training Fund, for the use of training.

3. If the employees so authorizes by signing the written authorization card, the aforesaid eleven (11) cents per hour deduction will be paid instead to the Carpenters Local Union No. 2274 Social Defense Fund, in the amount of six (6) cents and to the Greater PA Regional Council of Carpenters Political Action Fund, in the amount of five (5) cents.

4. Carpenters Combined Funds shall transfer eleven (11) cents per hour deducted from the employee’s pay either a) in the Carpenters Local Union No. 2274 Joint Training Fund; or b) if a signed authorization card has been received, into the Carpenters Local Union No. 2274 Social/Defense Fund and the Greater Pennsylvania Regional Council of Carpenters Political Action Fund.

5. Local Union No. 2274 of the United Brotherhood of Carpenters and Joiners of America agrees to hold all authorization cards obtained from Employees represented by the Union and covered by this agreement.

The Union shall indemnify and hold the Contractor harmless against any and all claims, demands, suits, or other forms of liability that shall rise out of, or by reason of any action taken by the Contractor for the purpose of complying with the provisions of this paragraph, or on the reliance of any list, notice, assignment, or authorization card furnished under such provision.

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It is agreed that an employee described in paragraph C., when not engaged in lay-out work, may perform other duties as assigned by the Contractor, provided the Contractor does not assign him

(1) to the types of work specified in the Agreement, e.g., carpentry work, millwright work, wharf and dock building work etc., unless such employee is a Carpenter Apprentice, Carpenter Journeyman or Carpenter Foreman.

(2) to the work of other Craft Unions affiliated with the Building and Construction Trades Department unless such employee is represented by or a member of the Union having jurisdiction over such other duties.

D. If a Carpenter Apprentice, Carpenter Journeyman or Carpenter Foreman, as the case may be, is given lay-out work to do, he shall, nevertheless, receive his regular hourly rate of pay.

E. Employees described in paragraph C., who have actually worked during any part of any week, and who shall be available for work during the balance of such week shall be guaranteed an amount of pay per week equal to forty times their straight time hourly rates of pay as set forth above; provided, however, that they shall be paid only for their hours actually worked with respect to any week during which they shall have failed to work sufficient hours to earn said guaranteed amount because (1) lay-out work was completed for a particular job on which they were working or (2) their employer had available no other lay-out work or any other work to which he could efficiently assign them.

Any contradiction between Articles I to XIII inclusive of this Agreement and the separate Sections negotiated with the individual Trades as outlined in the separate Sections attached hereto and a part of this Agreement, shall be resolved in accordance with wording of the several sections attached hereto.

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32

Heavy Construction, Highway Construction and Railroad Contracting work is defined as constructing substantially in its entirety any fixed structure and other improvement or modification thereof, or any addition or repair thereto, including any structure or operation which is an incidental part of a contract thereof, including without limitation, (not including Building Construction) railroad and street railway construction projects, grade separations, foundations, pile driving, piers, abutments, retaining walls, viaducts, shafts, tunnels, subways, track elevation, elevated highways, drainage projects, sanitation projects, aqueducts, irrigation projects, flood control projects, reclamation projects, reservoirs, water supply projects, water power development, hydro-electric development, transmission intakes, dredging projects, jetties, breakwaters, harbors, industrial plants and sites, bridges (excluding steel superstructures), sewers and street paving, airports, curb setting, sidewalks, duct lines, water mains and other pipe lines and the excavation for all of the foregoing.

It is understood that where “Industrial Plants and Sites” are mentioned in the preceding paragraphs as included in the scope of the Heavy Construction Industry, it shall cover, all work in connection with the clearing and grading of the sites including the roughing out to the bottom elevation indicated; also all construction of roads, railroads and riverwork; also construction of water lines and sewers to within five (5) feet of the building line.

Workmen shall not include engineering clerical employees, timekeepers, guards, superintendents, mechanical superintendents, assistant superintendents, general foremen, foremen or any supervisors in charge of any classes of labor, but shall include all other persons employed by the contractor in the performance of either of the classes of work covered by this Agreement. A foreman when employed on any such work a workman is governed by the rules of such workmen.

A superintendent or foreman who does the work of workmen belonging to the Union more than is required for instruction of workmen belonging, is not exempt from Union Membership under this clause.

HEALTH AND WELFARE FUNDEffective May 1, 2012, each employer shall pay into a Laborers’

Health and Welfare Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of seven dollars and sixty cents ($7.60) for each hour

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worked by every laborer employed by such employer during the terms of this contract and throughout the area covered hereby. Payments to the Laborers. Health and Welfare Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

Effective May 1, 2013, each employer shall pay into a Laborers’ Health and Welfare Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of seven dollars and seventy-five cents ($7.75) for each hour worked by every laborer employed by such employer during the terms of this contract and throughout the area covered hereby. Payments to the Laborers’ Health and Welfare Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

Effective May 1, 2014, each employer shall pay into a Laborers’ Health and Welfare Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of seven dollars and ninety cents ($7.90) for each hour worked by every laborer employed by such employer during the terms of this contract and throughout the area covered hereby. Payments to the Laborers’ Health and Welfare Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

Effective May 1, 2015, each employer shall pay into a Laborers’ Health and Welfare Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of eight dollars and five cents ($8.05) for each hour worked by every laborer employed by such employer during the terms of this contract and throughout the area covered hereby. Payments to the Laborers’ Health and Welfare Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

In calculating contributions, fractions of less than one-half hour shall be paid for as one-half hour and fractions in excess on one-half hour as a full hour computed on a monthly basis. Each employer shall submit on forms provided therefor such information concerning his contributions and hours worked by laborers in his employ as shall be necessary for the sound administration and operation of the Health and

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Welfare Fund. Such reports and payments shall be made monthly, not later than the fifteenth day of the month following the period covered by such reports.

PENSION AND ANNUITY FUNDEffective May 1, 2012, each employer shall pay into a Laborers’

Pension and Annuity Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of five dollars and fifty cents ($5.50) for each hour worked by every laborer employed by such employer during the term of this contract and throughout the area covered hereby. Payments to the Laborers’ Pension and Annuity Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

Effective July 1, 2012, each employer shall pay into a Laborers’ Pension and Annuity Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of five dollars and seventy cents ($5.70) for each hour worked by every laborer employed by such employer during the term of this contract and throughout the area covered hereby. Payments to the Laborers’ Pension and Annuity Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement. As of June 14, 2012, the Contractors Association of Eastern PA and Laborers’ Local union #158 in conjunction with the Laborers’ District Council of Eastern PA have agreed to reallocate $.20 of the current training fund to Local Union #158’s Pension fund. Following a period of one (1) year the money will be reallocated back to the training fund.

Effective May 1, 2013, each employer shall pay into a Laborers’ Pension and Annuity Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of six dollars ($6.00) for each hour worked by every laborer employed by such employer during the term of this contract and throughout the area covered hereby. Payments to the Laborers’ Pension and Annuity Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

Effective May 1, 2014, each employer shall pay into a Laborers’ Pension and Annuity Fund established hereby in accordance with the

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understandings and agreements between the parties hereto affected hereby, the sum of six dollars and fifty cents ($6.50) for each hour worked by every laborer employed by such employer during the term of this contract and throughout the area covered hereby. Payments to the Laborers’ Pension and Annuity Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

Effective May 1, 2015, each employer shall pay into a Laborers’ Pension and Annuity Fund established hereby in accordance with the understandings and agreements between the parties hereto affected hereby, the sum of seven dollars ($7.00) for each hour worked by every laborer employed by such employer during the term of this contract and throughout the area covered hereby. Payments to the Laborers’ Pension and Annuity Fund shall be required from the first day of employment by the employer for all employees performing work which is defined as laborers’ work under this Agreement.

In calculating contributions, fractions of less than one-half hour shall be paid for one-half and fractions in excess of onehalf hour as a full hour computed on a monthly basis. Each employer shall submit on forms provided therefor such information concerning his contributions and hours worked by laborers in his employ as shall be necessary for the sound administration and operation of the Pension and Annuity Fund. Such reports and payments shall be made monthly, not later than the fifteenth day of the month following the period covering such reports.

KEY EMPLOYEES PROVISIONAny EMPLOYER signatory to this Agreement may designate

employees from other Laborers local unions as key employees. The Employer shall be permitted to remit the fringe benefit contributions to either the Local 158 fringe benefit funds or to the key employees home local fringe benefit funds. However, the fringe benefit funds of the home local must agree to accept the fringe benefit contributions of key employees and credit the key employees for those contributions in accordance with the home local’s trust funds. rules. Fringe benefit contributions to the key employees home local funds shall be at the customary rates set by the home local’s trust funds. The key employees for whom contributions are made to the home local’s trust funds shall look only to those trust funds for benefits. Local 158 trust funds shall

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have no obligation to provide benefit coverage for those key employees whose contributions have been remitted to the home local’s funds.

HEALTH & WELFARE AND PENSION AND ANNUITY FUND TRUST AGREEMENTS

The employer agrees to be bound by the Agreement and Declaration of Trust negotiated and concluded by and between the Contractors Association of Eastern Pennsylvania and Laborers Local 158.

If any employer party to this Agreement fails to make payments to the Funds as required in this Agreement, and the Board of Trustees determines that the employer is delinquent in the making of such payments, the Board of Trustees of the respective Fund, shall notify Laborers Local 158 of such delinquency; and it shall not be a violation of this Agreement, so long as the delinquency continues, if the Union withdraws its members from the jobs of such individual employer. Any employees so withdrawn shall not lose their status as employees. It is also agreed that a penalty may be assessed by the Trustees against delinquent contractors at the rate of 10% per annum and liquidated damages may be charged in accordance with the law under ERISA. The Trustees may require that a delinquent employer post security for the payment of such delinquency in the form of cash or corporate surety bond in an amount up to two (2) times the amount of the delinquency or $15,000. A bond will not be required from any employer who belongs to the Contractors Association of Eastern Pennsylvania or any employer, although not a member of the Contractors Association of Eastern Pennsylvania, who has had a satisfactory record of paying into the Welfare and Pension Funds.

In addition, the Trustees shall be under no duty, but shall have the right in the name of the Trustees to institute and prosecute or intervene in any proceeding at law, in equity, or in bankruptcy, against any employer as may be necessary or desirable to collect unpaid contributions which may be or become due under this Agreement. Such employer shall pay all costs and reasonable attorneys. fees incurred by the Trustees in connection with such litigation. The employer shall also, upon the request of any designee of the Trustees, permit such designee during regular business hours to inspect and make copies of any and all records of the employer pertaining to compensation paid to employees, hours worked by employees, monies withheld from employees for taxes paid on account of employees, and all other

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37

records relevant to, and of assistance in determining whether the employer’s obligations hereunder to make payments to the Trustees have been faithfully performed.

DUES SUPPLEMENT CHECK-OFF(a) On the effective date of this contract the employer shall deduct

4.0% of gross wages for employees covered by this agreement for a Dues Supplement Check-Off.

(b) The Dues Supplement Check-Off shall be made on projects and jurisdictional work covered by this agreement and/or where it can be implemented.

(c) No deduction shall be made for the Dues Supplement for any employee unless the employee or the Union had deposited with the Employer a copy of an executed Dues Supplement Check-Off Authorization form. This form shall be irrevocable for a period of one (1) year or the termination date if this Agreement, whichever occurs sooner. The Dues Supplement Check-Off Authorization shall automatically renew itself for like periods unless it is withdrawn in at least 30 days before the end of an irrevocable period.

(d) The Employer assumes no obligation with respect to obtaining Dues Supplement Check-Off Authorization forms. It is understood this is the duty and obligation of the Union.

VOLUNTARY LABORERS’ POLITICAL LEAGUE CHECK-OFF

(a) The employer agrees to deduct and transmit to the Laborers’ Political League five cents ($0.05) for each hour worked from the wages of those employees who have voluntarily authorized such contributions on the forms provided for that purpose by the Union. These transmittals shall occur monthly, and shall be accompanied by a list of the names of those employees for whom such deductions have been made, and the amount deducted for each such employee.

(b) The Laborers’ International Union of North America agrees to indemnify and hold harmless the employer from any and all claims, actions and/or proceedings arising out of said Laborers’ Political League.

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EDUCATION AND TRAINING FUNDEffective May 1, 2012 the employer shall pay twenty-five cents

($.25) per each hour worked to the Education and Training Fund. Said Education and Training Fund shall be known as “Laborers District Council of Eastern PA Education and Training Fund”.

Effective July 1, 2012 the employer shall pay five cents ($.05) per each hour worked to the Education and Training Fund. As of June 14, 2012, the Contractors Association of Eastern PA and Laborers’ Local union #158 in conjunction with the Laborers’ District Council of Eastern PA have agreed to reallocate $.20 of the current training fund to Local Union #158’s Pension fund. Following a period of one (1) year the money will be reallocated back to the training fund.

LABORERS EMPLOYERS COOPERATION EDUCATION TRUST

Effective May 1, 2012 the employer shall pay four cents ($0.04) per each hour worked to the Laborers Employers Cooperation Education Trust established and administered by a Board of Trustees.

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Page 48: AGREEMENT - caoepa.comcaoepa.com/member/CBA Agreements/29 County CBA BOOK.pdf · AGREEMENT By and Between THE CONTRACTORS ASSOCIATION OF PENNSYLVANIA and the GREATER PENNSYLVANIA

40

TEAMSTERS - BUILDING CONSTRUCTIONTime and one-half (1 1/2) shall be paid for all work over 9 hours

on Building, Refinery, Chemical and Power Plant Construction above the ground floor level.

All work performed by contractors signatory to this agreement on Buildings, Refineries, Chemical and Power Plants up to and including ground floor level shall be performed under the heavy-highway classifications, conditions and overtime provisions.

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41

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42

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43

FRINGE BENEFITS 5/1/12 5/1/13 5/1/14 5/1/15

Health and Welfare $7.91 $7.91 $7.91 $7.91

Pension $3.29 $3.45 $3.62 $3.80

Health and Welfare Fund.

Each Employer shall contribute the amounts listed above for all Teamsters in the jurisdiction of Teamsters Local Union 529, who are covered by this Agreement, as per the executed Health and Welfare Fund Stipulation, to the New York State Teamsters Health and Hospital Fund.

PENSION AND RETIREMENT FUNDEach Employer shall contribute the amounts listed above for all Teamsters in the jurisdiction of Teamsters Local Union 529, who are covered by this agreement, as per the executed Pension and Retirement Fund Stipulation, to the New York State Teamsters Conference Pension and Retirement Fund.

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44

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45

Health and Welfare Fund.

Each Employer shall contribute the amounts listed above for all Teamsters in the jurisdiction of Teamsters Local Union 529, who are covered by this Agreement, as per the executed Health and Welfare Fund Stipulation, to the New York State Teamsters Health and Hospital Fund.

PENSION AND RETIREMENT FUNDEach Employer shall contribute the amounts listed above for all Teamsters in the jurisdiction of Teamsters Local Union 529, who are covered by this agreement, as per the executed Pension and Retirement Fund Stipulation, to the New York State Teamsters Conference Pension and Retirement Fund.

This agreement covering Building Construction shall apply to the following Local Unions: Local 229, Scranton, PA; Local 401 Wilkes-Barre, PA; Local 771, Lancaster, PA; Local 773, Allentown, PA; Local 776, Harrisburg, PA; Local 764, Milton, PA; Local 429, Reading, PA; Local 529, Elmira, NY. By mutual agreement of the parties, this agreement may be used by other Local Unions signatory to the Heavy-Highway Railroad Agreement.

CONDITIONSFor the 27 county area, on material haul to or from the construction

site the local unions agree to a wage rate equal to 75% of the applicable collective bargaining agreement wage rate.

The EMPLOYER shall permit the local unions to post notices on the job site bulletin board provided that such notices shall be on Teamster Local Union letterhead and signed by an authorized representative of the respective Local Union.

Upon delivery to the EMPLOYER of a properly signed and written authorization form from an employee, the EMPLOYER agrees to deduct from each such employee’s wages a dues check off in the amount specified on the authorization form. Each local union shall deliver to the EMPLOYER a remittance form with all information necessary for the proper remittance of said dues check off deductions. Dues check-off deduction remittances are due on or before the twenty-fifth day of the month following the period covered by such reports.

Each employee shall be guaranteed a minimum of one (1) hour when reporting for work. If started to work, the employee shall be paid

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46

a minimum of two (2) hours when called to report for duty, except where prevented from working by fire, accident, weather conditions, or some similar event, however, if started to work under such conditions, the employee shall be paid for actual time worked. At such time of the year when weather conditions are likely to cause the work to be intermittent, then the employer, on request of the employee, shall give a dismissal slip to the employee.

Steward will be paid the Class II wage rate, unless he is qualified to operate the equipment requiring a higher rate, in which case, he receives the higher rate. In case of overtime the steward shall be given the opportunity to work if he has seniority and if he is qualified to operate the equipment. One and one-half times the straight time hourly rate shall be paid for all time worked after 9 hours in any day or 40 hours in any week.

All Trucks will be equipped with heaters and defrosters in working order.

The ordinary rules of seniority shall apply on a project basis. Seniority shall be established on the basis of the order in which each employee is hired and shall not apply to subcontractors or fully operated rentals.

In case of layoff due to lack of work, employees shall be laid off in reverse order to seniority, providing the senior employee is qualified to replace the laid-off employee.

These rules shall not apply if there are any breakdown or shutdown periods during the day. A teamster, whose vehicle is broken down or whose operation is shut down, shall go home regardless of Seniority. However, when a vehicle shall be out of service for more than one (1) day, then the older teamster shall be told to come in the next day and the youngest teamster shall be laid off, providing the senior employee is qualified to replace the laid off employee.

The rehiring procedure shall be the reverse of the layoff procedure. When work increases employees laid off shall be notified to report for work in order of seniority.

The contractor agrees to hire qualified drivers from the Union having jurisdiction. The Contractor can request for a key man to be put on the job. If the local union can not provide the teamsters within 48 hours, the contractor may hire from any other source available. For the

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47

manning of special equipment, the local union and the contractor must agree prior to the start of the job.

The highest rate of pay will be paid for a full day when teamster changes job classification.

Material moved on the job site will be discussed at a prejob conference between the Union and the Employer.

D.O.T. physicals required by the Employer will be paid for by the Employer.

Two (2) hours show up time will be paid for reporting for work based on twenty-five (25) air miles from the Employer’s home office.

HEALTH & WELFARE AND PENSION COVERAGES

Each Employer shall deduct from the wages of all Teamsters who are covered by this agreement and who have signed and delivered to the Employer proper legal authorizations for such deductions a designated number of dollars per month from the wages earned. The amount and hours necessary for each Plan are listed below.

If an Employer shall fail to remit the deductions to the respective Plan (s) when the same shall be due and payable, the Employer shall be considered delinquent and in breach of this Agreement, and shall pay an additional amount to cover added costs and other incidental expenses, the sum of $5.00 or five percent (5%) of the amount of the delinquent payment whichever is greater, plus interest on the amount of deductions due at the rate of one-half percent (1/2%) per month until paid. In addition, the delinquent employer shall be liable for reasonable expenses, including attorney’s fees and other disbursements, incurred in the collection of any delinquency.

HEALTH & WELFARE FUNDEffective May 1, 2012, the Employer agrees to deduct per month

from the wages earned by each Teamster covered by this agreement and to pay the deducted amount into the Central Pennsylvania Health & Welfare Fund. This deduction and payment will be made for all Teamsters employed more than 60 hours per month.

If an employee does not work the minimum number of hours (60 hours) to qualify for Health and Welfare Coverages during the month, then all deductions made by the Employer from the employee’s wages,

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48

in that month, for the purpose of paying Health and Welfare coverages shall be promptly refunded to the employee.

PENSION FUNDEffective May 1, 2012, the Employer agrees to deduct per month

from the wages earned by each Teamster covered by this agreement and to pay the deducted amount into the Central Pennsylvania Teamsters Pension Fund.

These deductions and payments in the Pension Fund will be made for all Teamsters employed more than 86 hours per month.

If any employee does not work the minimum number of hours (86 hours) to qualify for Pension Coverage during the month, then all deductions made by the Employer from the employee’s wages, in the month for the purpose of paying Pension coverages shall be promptly refunded to the employee.

SIGNATORIES

THE CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA

1500 Walnut Street, Suite 1105 Philadelphia, PA 19102 Phone - (215) 546-4555 Fax - (215) 546-2259

Kevin R. Schultz

1500 Walnut Street, Suite 1105 Philadelphia, PA 19102 Phone - (215) 546-4555 Fax - (215) 546-2259

James R. Davis

1500 Walnut Street, Suite 1105 Philadelphia, PA 19102 Phone - (215) 546-4555 Fax - (215) 546-2259

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49

GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS

Mike Welsh 650 Ridge Road

Pittsburgh, PA 15205 (412) 922-6210 (Office) (412) 292-3070 (Cell) (412) 921-3242 (Fax)

HEAVY HIGHWAY LOCAL UNION 2274Vince Weaver

Council Representative (412) 292-0350 (Cell)

(814) 259-3395 (Home Office)

HEAVY HIGHWAY LOCAL UNION 2274James Saylor

Council Representative (412) 292-0941 (Cell)

(724) 626-0942 (Home Office)

HEAVY HIGHWAY LOCAL UNION 2274Steve Schrecengost

Council Representative (412) 292-0944 (Cell)

(724) 354-2055 (Home Office)

PILE DRIVERS LOCAL 2235Bob Graswick

(412) 292-3090 (Cell) (412) 922-8842 (Office)

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50

LABORERS. HEAVY AND HIGHWAY CONSTRUCTION WORKERS LOCAL 158

4655 Linglestown Road, Suite D Harrisburg, PA 17112

(717) 671-1810 (Office) (717) 671-9144 (Fax)

Ron Tomasetti, Business Manager 431 Wyoming Avenue, 2nd Floor

Scranton, PA 18503 (570) 209-7262 (Office) (570) 209-7362 (Fax)

Nick Bozza, Business Agent 350 G Main Street Annville, PA 17003

(717) 685-1021 (Office) (717) 685-1022 (Fax)

Louie Albertelli, Vice President 460 Market St., Suite 203 Williamsport, PA 17701

(570) 326-2967 (Office) (570) 326-9714 (Fax)

James M. Andrews, Secretary-Treasurer 1975 West Broad Street Bethlehem, PA 18016

(610) 867-1801 (Office) (610) 867-2469 (Fax)

TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS

Craig Pawlik, Construction Agent Local Union 229

3104 North Main Avenue Scranton, PA 18508

Phone - (570) 344-7219 Fax - (570) 344-6432

James Murphy, Construction Agent Local Union 401

260 South Washington Street Wilkes-Barre, PA 18701

Phone - (570) 823-3121 Fax - (570) 823-5131

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51

Michael D. Green, Construction Agent Local Union 771

1025 North Duke Street Lancaster, PA 17602

Phone - (717) 397-8267 Fax - (717) 396-0491

Jason Kraft, Construction Agent Local Union 776

2552 Jefferson Street Harrisburg, PA 17110

Phone - (717) 233-8766 Fax - (717) 233-6023

Ty Sees, Construction Agent Local Union 764 450 Beaver Street Milton, PA 17847

Phone - (570) 742-9667 Fax - (570) 742-9660

Jeff Strause, Construction Agent Local Union 429

1055 Spring Street Wyomissing, PA 19610

Phone - (610) 320-9224 Fax - (610) 320-9216

Joe Wieder, Construction Agent Local Union 773

1345 Hamilton Street Allentown, PA 18102

Phone - (610) 434-4451 Fax - (610) 770-9581

John Farwell III, Construction Agent Local Union 529

129 East Chemung Place Elmira, NY 14904

Phone - (607) 733-6519 Fax - (607) 733-8931

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52

CONSENT AND APPROVAL STATEMENT by

EMPLOYERS NOT AFFILIATED WITH THE CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA

Date

I, or we, the undersigned subscribe to the terms and conditions contained in the foregoing agreement.

(Signed)

Employer

(Signed)

Union Representative

Craft and Local Number

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ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENTS

29 COUNTY HEAVY AND HIGHWAY SPECIAL COMPETITIVE ADJUSTMENTS 27 COUNTY AREA FOR CARPENTERS

HEAVY AND HIGHWAY CONSTRUCTION WORKERS LOCAL 158 GREATER PENNSYLVANIA REGIONAL COUNCIL OF CARPENTERS, TEAMSTERS LOCAL UNIONS, LOCALS 229, 401, 771, 773, 776, 764, 429, AND 529 2012-2016

It is mutually agreed that this Concession may be granted for Prevailing Wage Projects on a job by job basis on specified projects in the 27 County Area. The following are the only items of the Collective Bargaining Agreement, which are altered by the Concession. All other items of the Collective Bargaining Agreement remain intact. This concession does not apply to any projects covered by a project stabilization/union only Agreement.

1. Working Hours and Shifts - The Contractor shall schedule 40 hours per week Monday through Saturday, excluding governmental/owner restriction. Overtime will be paid when more than ten (10) hours are worked in a day or more than forty (40) hours are worked in a week. Nothing herein will be construed as guaranteeing any employee 40 hours of work or pay per week. The contractor may schedule a minimum of eight (8) hours and a maximum of ten (10) hours in any one day at straight time, Monday through Saturday. Replacement employees who are called out from the Union will be paid at the rate of pay that the employee he replaces would have received. If a non-replacement new hire is hired or rehired on Saturday, he is to be paid time and a half for the day’s work.

2. Holidays falling on a weekday can be made up during that week (Monday - Saturday) at the straight time rate of pay.

REMINDER

THIS ADDENDUM NEEDS TO BE REQUESTED ON A JOB BY JOB BASIS.

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