ENTERPRISE ASSOCIATION-LOCAL UNION 638 WORKING

MAR-17-2010 14:44
To:5167421755
From:
P.2’19
ENTERPRISE ASSOCIATION-LOCAL UNION 638
WORKING AGREEMENT
TERMINATES JUNE 30,2011
EFFECTIVE JULY 1,2008
by and betwcen BNTERPRiSE
200
daY 01
This WORKING AGREEMENT rnude and entered into this
TUBE. TCE MACHINE AND GENERAL
ASSOCIATION OF STEAM, IJOT WATER, HYDRAULIC, SPRiNKLER, PNEUMATIC
ON OF JOURNEYMEN
PWE FITrERS OF NEW YORK AND VICZNITY, LOCAL UNION NO. 638 OF TilE UNITE!) ASSOCiATI
STATES AND CANADA (hereinafter
AND APPRENTICES OF THE PLUMBING AND PJPE Li ,NG INDUSTRY OP Tkt UNITED
referred to as ENTERPRISE. 32-32 48th Avenue, Long Island City, NY. 11101), and
Full Name of Employer—(if a partnership give names of all parmers and rum name)
of
Business Address
Phone
Fax
(hereinafier rerrer to as the EMPLOYER);
WITNESSETE;
WHEREAS. Enterprise is a Labor Union representing sreamfjttczs and apprentices engaged in the steam fitting trade and its allied
bnnches in the area comprising the City of New York and Nassau and Suffolk Counties. State of New Yorlc and
WHEREAS, the Employer has occas on to employ steamttttcrs and apprentices in conneetiura with such work and desires to cares
into an agreement with Enterprise with respect to such employment and the tenns and conditions governing the same;
NOW, THEREFORE, it is mutually agreed between the parties hereto as Ibilows:
The Emplor recognizes SteamItrters’ Local Union 638 ofthe United Association of Journeymen and Appreittices of the Plumbins
and Pipe Fitting Indtisny of the United Stiles and Canda n the sole and exclusive bargaining npresentazive for all its employees
performing any ‘wrk costred by this Agreement and employed by the Employer in the geographical jurisdiction of the Enterprise
Aosociafton. namely, rim City of New York, Nassau and Suffolk Counties and all ofLong Islanri. This Agreement together with its Working
Rules shall govern nil steam fitting work performcd under this Agreemcnt by the Employer subject to this Agreement within the trade
jurisdiction as set forth herein.
ARTICLE ONE
WORKING RULES-WAGES AND HOURS
The parües agree that during the tent of this agrenent, the attathed Rules, numbered “I” to “XXIV” incLusive, governing wages,
bonn, Welfare Fund, Pension Fund, Supplemental Retirement Plan, Educadon Fund,Vacation Plan, Security Fund, Industry Promotional
Pumt UA Training fund. Labor-Management Cooperittion Committee and other conditions of employment shall apply to the hiring and
employment of all steamfkters and apprentices and shall be in full force and effect and constitute part of this agreement. The parties hereto
agree to observe and enforce sQ or the terms and condiciens contained in Said Rules.
ARTICLE TWO
STRIKES OR LOCKOUTS
It is further mutually agreed thor no strilth against the EMPLOYER shall be ordered by arty officer of orentared into by any member
of ENTERPR [SE, nor shall any lockout against members of ENTERPRISE be declared by the EMPLOYER, so long as ibis agreement
and the rules hereto attached are conformed to by both parties.
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ARTICLE THREE
JOINT ARBITRATION PLAN
by
juint Arbitration Plan that may be agreed upon
This agreement shall abide by a
to
parties
both
that
agreed
City.
York
It is ta*ker mutually
the building indes of New
associations and a majority of the unions of
the representatives of the seveni employers’
and disputes relative to question ofjurisdicuon
trades,
n
event of dispute betwee
in
that
hereto
parties
the
n
betwee
agreed
of the B.T.E.A. Handbook, commonly
It is inunsally
ns as tojurisdiction published in the latest issue
deciaio
us
previo
abide
by
will
parties
of wade.the
known as “The Green Book.”
s relative rojuiisdiction of trade not coveted
hereto that disputes between trades, and dispute
It is mutually agreed between the parties
Book,” shall be adjusted with the principles of
BA. Handbook, commonly known as The Green
ng Trades as
by decision in the latest issue of the WT.
in the .Ioiot Arbitration Plan of the New York Buildi
forth
as
set
es
Disput
ctional
Jurisdi
of
ent
the said Joint
this NewYork Plan for the Senjem
ter amended, except to the extent that Section 3 of
thereaf
as
and
5,
22,190
pril
onA
ed
amend
adopted on July 9.1903 and
tly thmugh suhconntcton or otherwise.
em.ploy only mcrnbers of the union directly or indirec
Arbitration Plan requires the Employer to
al disputes as
diction
New York Plan for the settlement ofjuris
Pending determination of any dispute wider the
t change in status.
withou
the union shall remain at work on the project
stated in the preceding pnragmph the membezs of
ARTICLE FOUR
TERM OF THIS AGREEMENT
this agreement shall be salted ror by either parry hereto,
It is further mutually agreed that no change in
to take effect pñor to the first
day of July 1,2008.
ARTICLE FIVE
in the primed annex
based upon the Principles for Trade Agreements as c’ lbrth
shall be interpreted
It is understood and agreed that this agreement is
ent,
or within this agreem
of the Enterprise Associ#tion attached hereto,
Rules
the
in
g
nothin
and
ent.
agreem
this
to
les.
tø contradict or nullify any of the said Princip
ble terms or conditions than those
furnishes Sternnfittets to anyone upon any more favora
ation
Associ
It is agreed that if Enrezprise
conditions. This
be amended to incorporate suck more favorable terms or
contained herein, then this Agreement shall automatically
paragraph does not apply to Rule XV-C or Article Sit
finding shall not
olihis agreement shall be found to be conuary to law, such
It is understood and agreed that in casp any provision
ent, which shall, notwithstanding.
many w’ affect the other provisions of this agreem
within (10) days after receipt of written notice by one party to the other.
continue in lUll force and eiTher arid the parties shall
ute provisions in light ot’ such ruling.
negotiate in an attempt to arrive at an appropriate substit
which change it shall become logs) for the
hig this agreement, by virtue of
aftct
laws
l
applicable Federa
En the cnitt of change of
in the performance of work under its
yed
rs of Enterprise Association be emplo
Enterprise Association to demand that only membe
in such event anti on the giving of
that
agrees
the ‘cloaed shop.” the Employer
jurisdiction, arto institute what is commonly known as
ent shall be deemed arnodcd
agreem
this
mail,
ation in writing by registered
ten (10) days notice to the Etnpl’er by Enterprise Associ
ation shall be employed
Associ
rise
the
Enterp
ten (10) days period only members of
to the end that on and after the conclusion of the said
membem of the Metal
only
and
ation
the jurisdiction of Enterprise Associ
by the Employer in the perfunnancc ot’ work corning within
ed in Rtde XVI of this
describ
larly
in the perlbrmance of service work snore particu
Trudes Branch of Local Union 638 shall Tm employed
agreement.
ARTICLE SIX
EMPLOYER, upon
us agreements entered into between ENTERPRISE and the
This agreement shall supersede and replace all previo
to
the Pension Punt).
t
respec
with
e
payabl
ore
be responsible forany moneys heretof
the undentanding that the EMPLOYER shall gontinue to
Security Fund.
Welfare Fun4 Educational Fund, ¼cation Plan and the
ARTICLE SEVEN
ARBITRATION CLAUSE
of this Agreement ttr these Rules, except as to the interpretation
Any dispute conccrning the terms, meaning, or application
ee shall be resolved according to the
1914 attached. hereto or the hiring or discharge of an individual employ
of the
Agreement of March 24,
following procedure:
Agent in whose area the dispute exists, shall meet and discuss
Swp 1. The contractoñ designated representative and the Business
the issue;
business days, the complaining party shall reduce its complaint to
Step 2, If the dispute is not resotvecLby Step 1 within ten (10)
contractor
ssAgcnr .haJ[ macv with the Pre%ident or Chieroperating Otficerofthe
wiiting, and the Business Agent at Large and Ike Bushre
if other than the Prasident and the person representing the contractor at Step I;
To:5167421765
MAR-17-2010 14:45 From:
P.4’IS
Step 3. tPthe dispute is not resolved by Step 2 within ten (10) business days, the Union’s President, RusLnes Agent at Large and
Busincn Acat involved shalt mccl with the coacracor President and ifs Scep I representative;
Step 4. It tho dispute is not rcsolvcd by Step 3 within ten (10) business days, either party may submit the dispute to on of the
iadusuy arbitraroes desigoated berein;
itho shall be alibied the cast in roaring order.
The decision ofheAsbitrazor shall be rmal and bindthg howeec. the Arbitntorshali have no jurisdiction to interpret tbe Agreement
ofMarch 24. 1914, nor wether any individual employee was not hired and/or discharged forjust cause. The Union and nw contractor shall
share the Arbitrator’s fees.
IN WiTNESS WHEREOF, this agreement has been signed by a duly authorized ofticer of ENTERPRISE and the EMPLOYER the
day and year finE nbove written.
By
-
.....
Business Agent-at-Large
(PR NT NAME)
fHJN NAME7
By
Date Signed
EMPLOYER
(FULL INDIVIDUAL, FIRM OR CORPORATE NAME)
:51674217
6
To
s
lR-1y_2e1 14:Sg From:
0
tlf
RULES
y of New York and
ny branches, in the Cit
ma
its
d
ari
ie
trar
ing
amfitt
to iirk at the stc
sociatina applying
As
se
pri
ter
nd.
En
Isla
the
Rules of
of Long
. New YOTIC and all
u and Suffolk Counties
in Nassa
Rule 1.
WORKING DAY
wceti seven (7:00)
to be performed bct
day
per
rs
hou
(7)
. evety day for
be seven
ttLe consent of the Union
[roars of labor shall
h
the
wit
lb.
yer
of
plo
Em
ion
the
ept
exc
(24) hours prior
ignated by
Section Ia. WLIIt the
the Union twenty-four
.. as reasonably des
it&
PM
not
ll
k
sha
loc
o’c
yer
30)
plo
(3:
l3m
e
Th
thirty
y and legal holidays.
o’clock tM. to rhrec.
Sawulay and Sunda
ept
00) o’clock A.M.
(8:
exc
ce,
ht
an occupied building
for
eig
n
tha
rk
other time
the entire wo
uired by the owner of
ay
req
at
are
rts
g
sta
llin
ich
dri
wh
or
ing
rk day
hours of labor shalt
to the start of any wo
dering, chopping core bor yer and with the conscrit of the Union, the
sol
ng,
ldi
we
g,
nin
t hour to be paid
Emplo
Section lb. When bur
o’clock EM. with the firs
h the request of the
wit
30)
or,
(1:
lab
of
irty
-th
rs
one
r
hou
and
ula
.
ng
A.M
to be done before die
ween six (6) o’clock
to be performed bet
ing fringe benefits.
day
er
lud
between the hours of
rsp
inc
.
hou
ges
wa
be evea
iilar rate of
for employment accpt
ng
the
ice
off
of
or
p
ial
sho
ent
fer
dif
any
to
be altowcd to apply
at fIfty (50%) percent
’6)
cr or apprentice shall lock PM.
or eight and one4wlf(8
Section II. No sieamfsu
rty (3t30) o’c
thi
sist of eig)u (8) hours
eecon
thr
ll
sha
ft
and
shi
.
AM
the
k
eight (8:00) o’cloc
on Temporary [teat,
idays.
fitter is employed
ay, Sunday and logal hol
Section 111. If a steam
urd
y be used.
Sat
ma
ing
fts
lud
shi
inc
se
the
day
of
iy
e or more
forremporary hens, eve
employed at work.
hours as applicable. On
wn as the working day
kno
shall be time atuaIly
be
and
ll
e
sha
tim
ft
r
Shi
All Sprinkler
ula
ch
reg
Ea
as
Section IV.
ll be known
cfined in Section 1.
sha
asd
day
ed
ng
nam
rki
ve
wo
r
abo
ula
s
reg
ng day
d during other tItan the
Section V. The worki
Work may be porforme
ift
Sh
r
ctor.
kle
rin
Sp
.
VI
Section
any unlicenced contra
Rule XV
rn
e with
knowingly work for
formed in accordanc
or apprentice should
er
fitt
am
Shift Work shall be per
ste
no
,
nses are wquid
Section VU. Where lice
Rule SI.
RATE OF WAGES
at the following rates:
of this Rule shall be paid kr .50 per huurWelfare, $14.90
11
n
tio
Sec
in
ed
not
as
(7) bows) plus $12
steamfitter except
for a
r (S333.S5 per day of seven
SectIon 1. Regular time
2b08. 547.65 per hou
30.
ber
cem
nd.
De
to
008
rked and 1% per hour
From July 1,2
r Security Benefit Fu
each and every hour wo
cation, $5.00 per hou
for
r
Va
nd
hou
Fu
per
nal
tio
00
uca
$5.
Ed
per hour
ry hour worked. (See
per hour lknsion,
ployer shalt pay 5.34
n Fund for each and eve
em
tio
h
mo
eac
Pro
ve
ry
abo
ust
the
Ind
to
the
In addition
fringe benefits into
amfkrer wage rate less
A, XXTII.B.)
of the Journeyniazt Sle
), XXiI and XXIII, XXIII-
, XX
Rules XVIII, XIX. XIX-?, Xx
SES
ADDITIONAL INCREA
ber30, ZOOS
July 1,200$ to Decem
June 30,2009
Deceznber 31,2008 to
29,2009
July 1,2009 to December 29,2010
e
Jun
DecCmher 30, 2Q09 to
28,2010
June 302OlO to December
1
$2.00
2.00
2.50
2_SO
.3.00
3.00
e 30,201
December 29, 2010 to Jun
Security Benefit
sion. Welfare, Vacation,
Pen
and
ses
rea
inc
se
the EducationaL
it includes wa
4 on each hour worked to
are all inclusive, that is,
ve
$.3
of
abo
ons
ted
uri
sta
trib
ses
rea
eun
inc
nd of New
pectively; the
The money
ing Industry Promotion Fu Trades
fitr
(a) connibutioris res
401
em
Ste
n
Pla
the
nt
to
ts
tue
efi
tire
ben
Re
ilding
and Supplemental
cr wage rate less fringe
perhourwodced to the Bu
Journeyman Steatnfitt
l be an additional 5.03
Wil
ere
ining Fund.
Th
.
Tra
e.
LJ.A
kag
pac
Fund and 1% per hour of the
die
n
r worked to
hou
ve gte agreed upo
per
abo
5
8.0
r
and
and
ove
e.
itte
are
mm
nd
York and Long Isla
gement Cooperation Co
worked to the Labor-Mana
00) oclock A.M.
per capita, S.03 per hour
en the hours of seven (7:
n package.
we
upo
bet
eed
agr
ned
firi
the
ve
per
abo
be
which is to
ond the control of
All art over and
seven (7) hours per day
God. or circumstances bey
be
ll
of
sha
act
,
or
ety
lab
saf
rs
er,
r
hou
ath
ula
The reg
hours. The lunch
a result of we
ployed for less than two
ctions of days worked as
em
Fra
be
ll
sha
.
P.M
tice
30)
ren
(3:
app
rty
thi
and threesteamfitrer or
of twelve (12:00) noon
at the same rate, but no
shall be between the hours
for
d
.
pai
and
ycr
be
ll
plo
sha
cm
r
he
cto
oft
tra
the con
the option
starts before eight (8:00)
00) o’clock P.M. TI work
ll be one-half hour and at
(1:
Sha
n
one
tio
Sec
and
s
.
k
thi
P.M
er
loc
o’c
und
period
ing the regulas working
-thirty (12:30)
paid r labor per[brmed dur
) o’clock PM., or twelve
be
ll
:30
sha
(12
e
irty
rtim
-th
ove
lve
No
twe
and
ordingly.
period may he adjusted acc
the day of lay off.
ary
o’clock AM. the lunch
nimum of 7 hours pay for
ponry heat and/or tempor
mi
e
a
eiv
rec
l
wil
off
laid
ng
and/or maintenance oftem
t
bei
efi
ion
rat
ben
ope
ge
the
frin
on
and
ng
e
rld
day. Any steamfiucr
Steamfim.’rs wo
etThccivc wage rat
ers
p1
ges
fitt
frin
am
Ste
and
ges
the
h
wa
wit
e
e
Section IL Th
nately in accordanc
d and inetwised proportio
air conditioning shall be pai
ft.
less than an eicht hour shi
—. ho.., choll he employed for
To:5167421765
MAR-17-2010 14:50 From:
P.6”13
following percentages
Section UI. Apprentices shalt be paid a progressively increasing schedule of wages as notcd below based on the
to payments to
respect
with
Rule
uf
XX
provisions
subject
to
the
mid
of the wage rate md fringes payable to joLinieymen stcmnfitters
Apprentices tbr attendance at clusses:
40% oFajourneyrnan stctimfitter rate of wages and all fringes
1st year
50% ota journ yman stcamfiuer tine of wages and all fringes
2nd year
65% ofajourneyman steamfitter rare of wages and all fringes
3rd year
80% of a journeyman ateanifitter rare of wages and all fiingts
4th year
ofajourn’man stearufitter rate of wages and all fringes
85%
5th year
Wherever Itainees are employed they shall be paid in accordance with the above apprenticeship rates.
for regular tune work
Section IV When Sprinkler Shift Work is peifontied Steamfitters and/or Apprentices shall be paid the wage rate
plus a 20% premium, together with the ifinge benefit connihutions for regular rime employment.
per hour, in addition
Section V. When the sixth (6”) stcamlittrr is employed on a particular job, a Foreman’s nile oflwo Dollars ($2.00)
the l3mploycr as die
by
who
designated
job
is
that
on
to the regular rate of wsge Icirjouineyman stewnfitter. shall be paid to the stcanifittcr
Foreman.
Rule Ill.
RATE FOR OVERTIME AND HOLIDAYS
Sectionl.Any workdoneberween threö-thiny (3:30) o’clock PM. antiseven (7:00) o’cloukA.M. ureight (8:00) o’clockA.M. as stated
in Rule I, Sedon I, and on Saturdays (With the exception stated in Rule!, Sections 111 and TV). Sundays, New Vest’s Oa)ç Presidents’ Day,
Memorial Day. Fourth of July, Labor rJay Columbus Day. Veterati’s Day, Thanksgiving Day, the Friday after Thanlugiving Day and
Christmas Day, shall be paid fur at double te mte for regular time, commencing at the hour at which the steamfitter reports for work by
direction of the Employer. mc hours of laIor for wockcnds or holidays shall bc itt, less than seven (7) hours at double the rate. Fractions
between
of days worked as a tesult otweather, safety, act of God, cirCwrlSLances beyond the control ofthe contractor or ifpreviously agreed to
(2)
hours
two
hum
less
[Or
the union and the employer, shall be paid for the same rate, but no steam litter or apprentice shall be employed
York
New
SaLC
the
of
by
at double then In all cas, the holiys described hctin WilL be observed on the d’ay and data established
On jobs shut down for safety reasons by a govtramental agency and beyond the control of the Union and the employer. steamfitters
shall be paid oniy fbr hours worked at the time of thu shul down. If thejnh remains shut down for safrty reasons for 48 hours or more
steanifltters may be transfered to tinother job or laid off by telephone. If a lay off occurs due to ajob being shut down for safety reasons.
the stcamfittcr shall not receive compensation for any hours not worked.
hi the evenL ajob she is closed for a holiday not specified herein the Employer can either transfer the Employees to anotherjob site
or arrange for overtime work to cutnpcnsatt the Employee tbr any Unie lost. If the Employees are not transferred or pa14 overtinie then
the Employees shall be paid regular time wages for the time lost. Overtime will be made available within nc(S) working days preceding
or tbIILIWhIg the holiday or holy day.
No overtime shall be paid for labor performed during (be regW.ar working day.
Section II. Except for Sprinkler Shift Work when it is not convenient to start work until between the houra of eleven (11:00) o’clock
P.M. and four (4:00) o’clock A.M., then the steamfiller’s lime shall commence at eleven (11:00) o’clock P.M. and continue until said work
is completed. Under thne conditions, no steamfitter shall receive less than one (1) day’s poy regular time.
Section lIT. The Employer will give Employees 24 hours notice nfscheduled overtime requirements for weekend work. All emergency
overtime
will be wurkcd as rvquireil.
Rule IV.
METUOD OF PAYMENT
Sectloa I. AU steanifiuers and apprentices shall be paid at quitting time in cash on Thursday or by check on Wednesday for the week
ending the Tuesday prior at the option of the employer. A two hour penalty of wages and benefits wiLt be paid in the event a stearnfittcr
does not receive wages due him on pay day, except for extenuating circumstances as agreed by the Joint Trade Board.
If wages are paid by check, the Etnploycr must be in compliance with the requirements of Rule XXIV of this Agreement. Paynieiits
to be made at the option of the Employer; either on thejob or at the shop. When a steamfitta or apprentice is laid oil or discharged or nor
put to work, he shall at once be paid the wacs due him in cash,
Wan Employer has pennission to pay b.’ check, they shall have authorization to lay off by check.
Section IL The Union may refuse to petmil employees to work for any employer who is delinquent in either wage or fund payments
or who fails to submit signed and timely reporting fQrms to 11w Fund Office in the fnrmat and at the times required by the Trustees, or
who tails to permit the Fund Office to conduct a payroll audit within tOdays from the receipt of written demand by the Fund Oflice, mailed
to the Employer by registered mail, return receipt requested, to conduct such audit or who is delinquent in the furnishing of a bond or
certified check, required under this Agreement.
When an cniplsyefl delinquency in find payments causes the Union to remove employees from that ernployeñjobsiws more than
once in a ninety (90) day pcriod, said employer shall pay one day’s wages iiicluding fringc
benefits to each employee who was removed from The job.
PflR-l7-sgig 14:5j From:
To: 5157421755
by check shall meet the followuig
rs who have received permission to pay
loye
Emp
all
by
s
wage
for
d
issue
Section Iii, The checks
Rule XXIV
conditions:
in compliance with thc nquiremems of
A. The Employer’s bond shall be
Now York bunk.
B. Checks must be drawn on a
checks within 48 hours.
Fund will guarantee the payment of elI bad amount of $200 for any inconvenience due to a bad
otion
Prom
crs
mtht
Stea
The
C.
the
Fund will issuc an udditional check in
P. the Steamfitters Promotion
apprentice.
e-half of their bond Will have their
check issued to the steawtttter or
payments under this coaLtact in ccccss ofc,n
fit
bene
e
ting
in
t
quen
delin
EL Employers who are
e Board.
d until reapproved by the Joint Trad
work dues from Building Vades
check payment privilege suspende
ftüscer a checkoff system for payment of
adm
shaU
and
e
gniz
reco
rs
in the form pmvided by thc Uniog,.
Section LV. The Employe
voluntarily sign a written authorization card
who
n
Unio
the
to
ters
mfit
srea.
wages may be paid by direct beak
journeyman and apprentice
approval of the atcatufilter or apprentice
the
to
ect
subj
r,
loye
emp
the
of
Section V. At the option
od.
layoff may be paid by the same meth
transfer. Ifso electe4 wages due aL
Rule V.
ITS OF TWO
STEAMFITTERS TO WORK IN UN
journeymen, sreansfitwrs or
rprise Association must be performed by
Ente
of
on
dicti
juris
the
in
with
All work to be performed
. A unit ihall consist of:
one of whom must be a steamfitter
two,
of
units
in
in&
s
wock
entiz
appr
, oi
A. Steanilitter with a steamfitter
e.
entic
appr
B. Sreamfitter with an
Rule VI.
APPRENTICES ARE TO
BE AT STARTING TIME
within the
the job shanty at the beginning of work
be paid from the time at which he leaves
vddng
WHERE STEAMFITTERS AND
fitters or apprentices
Each steamfitter and apprentice shall
sbnll be no board or carfare paid to steam
there
and
d
Islan
Long
of
all
and
territory of Greater New York
ng either of the extreme
in said territory
d lenitory shall take the boar, train or car leavi
note
e
abov
the
of
ide
outs
to
work
returning cake the boat,
A sreamfbter who i sent
train or ear leaving nearest starting time and
4
boat
g
on
goin
,
ycr
cplo
his
by
points of the terrilor3c as directed
train or car arriving nearest quitting Dint.
RuirVil,
AMFITTERS
EXPENSES ALLOWED TO STE
loyer rnvcling expenses to and from
ribed in Rule VI shaH receive from his emp
desc
s
limit
the
of
ide
outs
ing
tcr
work
Each sceamfit
He shall also receive a reasonable amount
as he is directed by his cmplr.iyer to make.
trips
y
man
as
for
ed
local
is
the
work
h
the place at whic
d in traveling.
regular ges for all regular tune consume
so.
of board paid by him and he shall rceeivc
employer, it shall be at his own time and etpen
ofhis
en
cuns
pleted and without the
com
is
it
re
lly
befo
essM
work
simc
his
i
for
rs
lcave
r
dolla
ricte
0)
1(11w stesm
threc.hundrcd (S30
shall pay to Steamfitters the total sum of
Fund
n
iotto
l’ron
swy
Lndu
ting
mfit
The Stea
stry Training Center.
during The regular working day at the Indu
passing the wlden certification cCst taken
Rule VIII.
his work to the shop, a distance
In going from his shop to his work, or from
fare.
shall receive from his employer the necessary
or more than one mile, each sleamfitter or apprentice
Rule IX.
AND FIRE STOPPING
CUTTJNG,MAKTNG UP FITTINGS
threaded, grooved
branches and coil connections. may bc CUT,
ector
conv
,
ches
bran
tur
,
rudia
work
kler
sprin
n of direct employer. If the
ion 1. All pipe except
Sect
loyer at the optio
ine na the job or in the shop of the direct emp
mad
or
hand
by
shall be done
e
up
mad
gs
fittin
have
and
outing and threading machinery, then the work
pipe
lled
insta
tly
anen
perm
pped
with
equi
, such work shall
said shop is a pennanent shop,
tly installed pipe cutting machinery in his shop
anen
penn
no
has
r
loye
emp
t
a
direc
n
Whe
by a steamfhtcrworking alone.
b.
e direct employer
be done in accordance with Rule V on Ihejo
r. may be cut, threaded or grooved in the shop ohh
loye
cmp
t
direc
ofthe
n
optio
the
a
ovcr
and
Pipe (Wa (5”) Ladies
accordmice with Rule V.
be at a minimum four (4”) inches
or in a shop employing 638 steamfitters wurking in
a supply house cut Lu a coiwcnientlangth shall
from
red
be
orde
can
eters
diam
ofall
Pipe
groovc. The other end sb II
Specialty
have a maxhnum atone (1) mill bevel, thread or
will
red
orde
so
Pipe
th.
leng
cated
fabri
rmal
supply house in baillengibs
longer then its
or heavier, 4” inches and under, can be ordered t’rorn a
40
dule
sche
pipe
C
BVA
cut.
ed
or
burn
zincd
ntacl
have a
-3
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fire hose stations and conntcting pipe
Section 11. All comburiafion spriokler/standpipc systems exclusive ofeross mains, stringers and
of direct employer. If the said shop
at
option
thejob
the
on
to same may be cut, threaded or grooved, in the shop of the direct employeror
then the work shall be done by a
machinery,
threading
and
cutting
is a pennanenr shop, equipped with pcrrr2ncntly installed pipe
cutting machinery in hk shop. such work shall be
steamfitter working alone. When a direct employer has no permanently installed pipe
done in accordance with Rule V on the job or in a shop employing steamfiuters.
V.
MI tktings on sprinkler work five (5”) inches and under shall be made up aecording to Rule
and/or apprentices.
steamfnters
journeyman
by
performed
be
to
work
the
is
All types of chiiical fire protection s$’tems
Welded outlets on dnkler mains in Nassau and Suffolk counties rtay be fabricated with UA. yellow labels.
leaving the shop. Thejounleyrnan
Section IlL All pipe £ubñcacion performed En a shop wider Sections 1 and II must be labeled before
number, name and address of the shop
performing the work TTILISL attach label to the pipe showing thejourneyman’s name, signature, book
umt and
and date when work was performed to deanonskare that such work was done by ajoumcyrnan tcamfitt.er within this bargvuning
under the terms of’ this Agreement Reproductions of thejourneyrnan’s signawre will not he acceptable.
he deLivered by
Labels shall be obtained by written application to Local Union 638 from individual employers. These labels shall
labels.
these
of
disthbudon
tht
proper
the Union to the steanifiter in charge of each shop, and he shall be [bIb’ rcpontble for
any
Section IV. Radiator branches, convecLor branches and coil connections shall be cut, threaded, welded, brazed. glued, soldered or
fan
the
by
engineet
specified
Where
so
V.
Rule
with
other method ofjoining shall be done an the job by hand or machine in accordance
valve
pacbges.
coil units may be delivered to the jobsite wWi fictory pre-piped
Section V. Thc erection and assembly of all pipe hangers and the erection only oIsuppons and manufactured or fabricated strnctural
V.
to back
attachments for work covered by this Agreement is die work otthc sreamfitrcr and apprentice in accordance with Rule Back
structural
channels and back to back angle iron suspended from
attachments may be cut and/or welded in the shop of the direct employer or on the job in accordance with Rule V.
All threaded hanger rods shall be cut on the jab or in die shop of the direct employer. Where plain hanger rods are utilized, the
cutting and threading of rods under three quarter inch will be done on the job or in the shop of the direct cmployer.
to
Section VI. Pipc trail diameters can be ordered from a supply house cut intu pieces for esise of access or handling and dcflvcred
end
the job site. Pipe so ordered will not be cut to sketch and will have a rnaxinusm of one (I) mill bevel, thread or groove. The other
shall have a machined or burned cut.
Section VII. All pipe used rot temporary heal which has been cut in the shop crop diejOb and subsequently removed m’ be used again.
Section VIII. All disconnecting and dropping to the floor of temporary piping used in construction is the work of the stcamfiaer.
Section I)L Fire Stopping of uninsulated pipe Is the work or the Steamfilter.
Rule X.
WELDING
Acetylene, fusion, clectrie or other forms of cutting or weldins fabrication shall be done on the job or in a shop at the option of the
Employer in accordance with the conditions as set forth herewith.
Section L All welding fabrication exXpt for electric power generating plant installations shall be done by a steanifitter working
alone in the shop of the direct employer, orshall be done in ccon1anct with Rule V either on (hcjob orin any other shop employing Local
638 Szcamfhtcrs and/or Apprentices.
On electric power generarin
2 plant instalistions over 100 megawatts all welding fabrIcaüon eight (8”) incheS sad over Shall be done
an the shop of the direct emplt’er or arty other shop employing Local 63R Steamlitters and/or Apprentices using Sicamfiners working
alone or in any other pipe fabrication shop hnvia a signed
agreement with the United Association of Jouracynzcn and Apprentices of the Plumbing and Pipe Fitting Industry of the United States
and Canada. Welding fabrication ix (6”) inches and under shall he done in the shop of the direct employer using Steanifttzers workins
alone or in accordance with Rule V either on the job or in ny other shop employing Local 638 Steamfitters and/or Apprentices.
A direct employer is a contractor who bids on ajob directly tot a public or private letting agency. If a direct employer bids and wins
ajob forerection and fabrication, ft shall be donc in accordance with Section 1.
Section II. All pipe fabrication performed in a shop under this Agreement musi be labeled before leaving the shop. Thejourtisyman
perfomnung the work must attach labels to the pipe showing the journeyman’s name, signaturc, book number, name and address of tht
shop and date when workwas performed to demonstrate that such work was done by ajoumneyman stearnfitter within this bargaining unit
and under the terms of thu Agreement. Reproductions of thejourneymati’s signature will not be acceptable.
Labels shall be obtained by written application to Local Union 638 from individual employers. These labels hal1 be delivered by
the Union to the steanifiner in charse of each shop, and he shall be fully respotisible for the proper distribution of these labels.
Section III. The fabrication of’van sroncjoints, the making of hammer welds, or the welding of boiler headers. street steam headers,
circular coils, trombone coils, zigzag coils, trunk coils, double pipe refrigerating machine coils, atmospheric type condensers, absorbers,
weak ltquor coolers and rectifiers of’ reftigerating machines may be done by the employer without reference to any jurisdiction by
Enterprise Association. All other pipe welding it to be performed by journeymen steamfitters.
Sectloa IV. There shall be no exception to this Rule unless an employer makes a specific request on a specific job which must be
submitted to the Beard of Arbitration for review, prior to start orjob. If approved by the Board of Arbitration, approval shall be for that
job onLy and shall not prejudice this Rule on any other work,
To:5167421755
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Ride Xl.
Y SERVICES
ORAR
TEMP
shall havejurisdiction in the opcraIionandlormaintenanee
Section 1. Exccptas described in Sectioi Vii, steamfitters workiugalonc
less of the source of heat supply If the fire is
of all rewpur.iry heat work at all times whenever temporary heat is on a building regard
operation and/or rnaintcnance. Stsaznfittcrs
heat
tempcirurv
for
banked or if no heat is in the radiators. stcatnrittcrs shall have no claim
in any building or structure or addition rhcccto that WiN have a total
shall have no claim for temporary heat operation andfor mauttenanec
installed in said building or structure or addition thereto
ot’ 1,500 sq. ft. ofequivalent direct rddiation çr less, exclusive of mains and risers
when compCetcd.
ing heating or air conditioning on a project utilizing
Section II. Before the commencement of any temporary services for provid
s conference shall be held, with thc Owner/General
systems installed under this agreement, a pru-temporary service
ss Agent to establish the basic guidelines, rules and
Contractor/Consthzetion Manager, the Contractor tind appropriate Local 638 Busine
Said conference shall be held at such time as to give all
procedures with regard to any temporary seflices requirements for the project
.
appropñare pattiEs ample time to provide those services needed
of shifts provided for each job and shall report Lu his predecessor on the
le
the
schedu
to
m
confor
shall
itter
Section [IL Each steamf
Fitter shall leave his shift until he is relieved. The steamficters shall not
job at least fifteen (15) minutes before the shift changes and no
in a twenty-four hour day.
do any other work and shalt not be permitted to work more than one shift
the best of his ability and with the object of protecting
Section IV. The steamlitter on a shift th&l meet any emcrgency arising to
and intorests of his empl’er.
interests oF security and safebc those people required to
Section V. Jr is agreed that when temporary services are required, that in the
ary “logs”.
maintain remponiry services shall sign in with an appropriate pasty and keep all necess
an
Owner. General CuntractoWconsrruction Manager
c
as
until
suchtim
ued
Section VI. Teniponry services, ifrequired, shall be contin
ntial part of the building. A temporary certificate
obtains a certificate of’ occupancy or temporary certificate of occupancy for a substa
not suffice if it does not coca mechanical equipment spaces and
of occupancy ofanelevaror, lobby, sanitary facilities and staiztasc shall
equipment use pcrmhs.
t on the job during the regular working day, no
Section VII. When steamfitters employed by the mechanical contractor are presen
temporary services stoamfirter will be required.
d model apartments on the floor are not subject
Section VIII. ALL coiistruction.oftic, cilgincers offices, sales offices and finishe
to temporary air conditioning services.
/Cierteral ContraerorlConMruction Manager must
Section IX. Before temporary servicesshall be terminated for a project. the Owner
letter stating that he accepts the mechanical
obtain a cettthcatc of occupancy per Section vi above and pmvide the Contractor with a
project
system for the project and agrees to operate and maintain the mechanical system for the
ctor/Construction Manager for hours other
Contra
al
/Gener
Owner
d
an
by
rcquire
is
oning
air
condiU
rary
Section X. When tempo
d.
than normal temporary heat shift hos, then a mhiiniujp of two shifts will be require
ttee and will inter petiothcally to review any
commi
g
standin
a
shed
as
establi
is
ttee
commi
s
rary
service
tempo
Section Xl. The
disputes in this area and wfll make recommejujatiogs to the Joint Trade Board.
nance or temporary air conditioning who
Section XII. An employer will not engage a sreainfutcr on the above type heating lnaintc
nce.
experie
cannot produce satisfactory evidence that tile steamfitter bas rifteen (15) years of
Rule XLI.
TOOLS AND SHANTIES
stesmfitter shalL
SectIon 1. The Employer shall providq all necessary tools required for the steamfiner to pertbrm the work. The
g, destroyed, or
missin
that
tly
are
promp
any
report
tools,
and
complywith alt Employer mica and regulatIons in the use and care of these
in need of repair.
shall be heated during winter
Section II. The Employer shall provide suitable shanties for dressing facilities on all jobs. These
atters.
steamf
led
by
assemb
be
they
shaU
ly,
job
months. Where these are prefabricated forob assemb
other than
Section III, In the event an employee’s working clothes arc dcst’oyed by fire or water during
,
but in no event shall the amount for
articles
these
of
ment
replace
ee
the
for
employ
the
working hours, the mploycr shall cornpcnsate
ng sitter or dress clothes of an
ty,
replacement ezceed Two Hundred ($200.00) dollars per man. In the event personal proper includi
d (flUO.OO)
employee, are destroyed due to fire or waler, during working hours, the amount of damage shall be limited to No Ifundre
dollam.
Rule XIII.
EFFICIENCY OF STEAMFITTERS
ment
in
In as much as renter efficiency is desimble, both parties will encourage efficiency and diseuuage any discrimination employ
itter
do.
Steamf
can
of workers on the bicis “Iage and unreasonable limitations on the amount of work a
-
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Rule XIV.
DUTIES OFA STEAMFIrIER
The duties ala Stea*nfitter shall be such as are described under the heading Tuties of a Steamfitter”
in
thc agrtettent made and
hereto anached.
entered into by and between the tinftedAssociation and the €nterpnse Association, March 24th, 1914. and copy
Rub XV.
SPRINKLER SHIFT WORK
(Existing Buildings)
Dry
Section 1. When Automatic Sprinkler Work, Hi’e Protection Systems, Fin Conml Systems. C02 Systems, Cnrdox Systems.
hose
and
standpipes
hydrant
mains,
and
hydrants
Chemical and Foam Systems including both overhead and underground water mains, fire
connections to sprinkler systems. sprinkLer tank healers, sir tines and thermal systems used itt connection with sprinkler and alarm systems
and i’ll zimb and pumps connected to Lhoác Systems are to be installed in accordance with Local Law #5 or any other laws requiring
Sptiêler Work in existing buildings wtich are or Inve been occupied, Shift work may be perfinmed at the option of the Employer outside
of the regular work day except Sanirday, Sunday, and Holidays, in accordance with the following:
a) A shift shall consist of seven (7) working hours. ALT work performed iii excess of seven (7) hours bhall be paid at double the
rate for regular time. No shift shall commence after 7M0 P.M. on Friday or 7:00 P.M. the day before holidays. All work
performed after 12:01 Saturday or 12:01 the day of a holiday will be paid at double the rate for regular time,
Scarring time rot each shift Shah be designated by the Empl’eit
A steamlitier or apprentice who ha5 worked during the same regular workday shall nnt he assigned to shift work.
The Empl’er shalt notil’ the Union 24 hours prior to the start of shift work.
A steamfitter orappretnice shall not work more than one shifi in a 24 hour period,
f) Pay for shift work shalL be in accordance with Rule II, Seccioti [V
b)
c)
d)
c)
Rule 70/-A
RIGGING
Steamfiucts Will do all rigging of their pipc-finings-valves-equipmcnt and all appurtenances and set all eqvipmciit when no license
is required.
If a master rigging license is required by mw and if the contractor who is party to tIlts agreement holds a master riggers liccnsc and
is the direct bidder or sub contractor on the job, this work will be done by steamfitters.
1(11w said conUactur has no license, steamfittcra will work in composite crews with the trade holding the license when requred by
law, Once the equipment sad appurtenances are landed on the tloorand in a safe position, the steanilitLers will move and set this equipment
to its final destination. Truck deliveries will be taken from the sidewalk ortruek dock by the eantitta hue the building.
‘[here shail be no exception to this Rule unless an employer makes a spccit’ic request on a specific job which niList be submitted to
the Board ofAibitrazion for revievç prior to start ofjob. If approved by the Board ofArbitration, approval shall be for that job only and
shall not prejudice this Rule on any other work.
Rule XV-B.
SUB-CONTRACTING
I. Al) work covered under this agreement if sub-contracted, will be sub-eonactcd to a contractor signatory to this Agreement.
2. Any work that has been sub-contracted fiom signatories to this Agreement shall no: be re-subcontracted.
3. Itis the intent of this Agreeinesn that sub-coiitractgd work shall be aLl inclusive of labor, materinls, tooLs, etc., rcquircd for
thus watt and not be labor only’ contracts. Where testing, flushing, or chemical treatment is included in the prime contract
then it shall be included in the ubcoatractcd piping work.
4. The letting contractor shall noti, the Fund Office, in writing. on a form provided by the Fund Office of his intent to sub.
contract work.
5. The contractor who opts Lu sub-contract will assure compliance of Rule XXIV of the Collective Bargaining Agreement.
6. The Fund Office shall notify the letting contractor and the Union if the aub.contractor becomes delinquent.
7. Fabrication sub-contracting shall be subject to Rules IX and K
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Rule XVflI.
WELFARE FUND
From JuLy 1. 2008 to June 30, 2011 iqclusive, all employers shall pay to the Steamtirrers’ Industry Welfare Fund twelve dollars and
fifty cents ($12.50) per hour for regular time as set forth in Rule I, and twenty-five dollars ($25 .00) per hour for LMCE11111C 5$ set forth in
Rules land III for work pcrtbmicd by each journeyman atwunfitter. Apprenticos shall be paid in accordance with Rule H, Section ILl.
These payment; shall be made for work performed by them in the City of New York and in Nassau and Suffolk Counties, N.Y.. before
any deductions are made for withholding or other taxes. Such Fund wat estabLished by an Agrtcmcnl and Declaratiou of Trust dared
May 15, 1946. to which the Coonctors’ Association and Eiuerjxise Associaticn were parties and all employers aglec to make the Jbnsaid
payments in accordance with the mies and regulations established by the Tculees of said Trust, front time to time, and to be bound by
and comply with all of the provisions of said Agreement and Declaration of Trust as the same exists or may during the term of this
Agreement be amended in accordance with its terms.
The Welfarefund’irustcc shall allocate from cmptoycr conthbutioris to the Wclfarc Fund such amounts as they detennine from time
to time to establish accounts for participants in the Ekakh Rcintbursement Account Fund of the Stenmri tiers’ industry Welfare Fund. The
Weljre Fund Trustees shall establish a ceiling on the amounts to be so allocated which shall initially be $5,000.
Rule XVIII-B.
HEALTH REIMBURSEMENTACCOUNT FUND OF THE STEAMFITTERS’
INDUSTRY WELFARE FUND
The parties hereto agree Lu establish by an Agreement and Declaration of Trust, The Health 1einiburscurnL Account Fund of the
Steajofitrers’ Industry VhIfare Fund (“HRA Fund”), which shall tie a sub.-tnist or the Steamficters’ Industry Welfare Fund. The purpose
of the tiM Fund is to provide reiniburseniem ci’ medical care expenses to Steamfiners and Apprvntices employed under the Trade
Agreement, and their spouses and dependents. The I lBS Fund shall be jointly administrated by three (3) Employer Trustecs and three
(3) Union Trustees. The Fund Truatces are authorized to contribute to the account of a participant in the HRA Fund amounts previously
contributed wider Rule XVIII and allocated to the account uf a Participant under a plan providing health benefits. The Fund Trustees are
authorized to enter in an agrccmcnt with the Trustees of the Steanifitfen’ Industry Supplemental Retirement Fund to direct a portion of
amounts to be paid to the Trustees pursuant Lo Rule xviii (including amounts allocated to Participants in the NRA Fund in excess of
$5,000) to be directed to the Steamfitters’ lAduscry Supplemental Retirement Fund. Any such agreement shall only apply to amounts paid
subsequent to such agreement. Any such hmounl shall be considered an anwunt which was directly contributed to the Steamfitters’
Industry Supplememal Retirement Fund.
Rule XIX
PENSION FUND
From July 1.200810 June 30, 2011 inclusive, all employers shall pay to the Steainfitte& Industry Pension Fund nine dol1ar and ten
cents ($9.10) per hour regular time as set forth in Rule I and eighteen dollars and twenty coils (518.20) jn hour for overtime as set forth
in Rules land III flit work performed by each journeyman steamfitter. Apprentices shall be paid in accordance with Rule [I, Section III.
These payments shall be made for work performed by them in the City of New York and in Nassau and Suffolk Counties, N.Y., before
any deductions arc tna& fur withholding or other taxes. Such Fund was established by an Agreement and Dcdaration of Trust dated
November I, 1950, to which the Contractors’ Association and Enterprise Association were parties and all employers agree to malts the
akresaid p’ments in accordance with the risks and regulations established by the Trustees of said Trust, from tune to time, and to be
bound by and compLy with all of the provisions of said Agreement and Declaration ofTrust as the same exists or may during the term of
this Agreement be amended La accordance with its terms.
Rule XIX-B.
SUPPLEMENTAL RETIREMENT PLAN
From July 1, 2008 to June 30. 2011 inclusive, all empl’ees shall pay to the Sceamfitters’ Industry Supplemental Retircinent Plan
five dollars and eighty cents (55.80) per hour regubr time as set forth iii Rule land eleven dollars and sixty cents (511.60) per hour for
overnnle as set forthm Rules land III for work performed by each journeyman steaniflner. Apprentices shall be paid in accordance with
Rule tr, Section in These payments shall be made rot work performed by them in the City of New York and in Nassau and Sufibik
Counties, NY, before any deductions arc made for withholding or other taxes. Such Fund was established by an Agreement and Declaration
of Trust dated January 24. 1997, to which the Contracltrsa Association arid Enterprise Association were parties and all employers agree
to make the aloresaid payrnerLis in accordance with the Riles and regulations established by the Trustees of said Tnist, from time to time.
arid be bound by and comply with all of the provisions of said Agreement and Declaration ofTrust as the same cists or may during the
term ofthis Agreement to be amended in accordance with its terms.
MAR-17-2010 14:54 From:
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.
RuIeXX,
EDUCATIONAL FUND
From July 1,2008 to June 30.201 1 iticlusive. all employers shall pay to Ike Steainflttea’ Industry Educaticnsj Fund thirzy-fovr(J4)
cents perhour for each and every hour woiked by journeymen and apprentice steamuiners cmpl’ed in the City of NewYoric, Nassau arid
Sultolk Counties, N.Y. Such Fund was established under date orAugust 14, 1952 and by Agreement and Dedaration ofTrust, dated May
1, 196010 which (he Contractors’ Association and Enterprise Association were parties and at] employers agree to make the albresnid
payments in accordance with the rules and regulations establishod by the Trustees of said Trust, from time to time, and to be bound by
and comply with all of the provisions of said Agreement and Declaration alTrust as the same exists or may during the term of this
Agreement be amended in accordance with us terms.
Each apprentice will attend classes for eight (8) hours on one (1) day every other week in compliance with the requirements of said
Educational Fund and the employer of each such apprentice Will pay to the apprentice who attenth such classes forthe requtaLte CLght (8)
houts, a total of five (5) hours wages based on the following percentages of the wage rate paid to journeymen steamfitter,:
-
1st year
2nd year
3rd, 4th & 5th years
.
.
-
40% 6! a journeyman stcanifinen rate of wage
50% of ajourneyman stcamrttrers mate of wage
65% of a journeyman steamfiuers md rate of wage
Rule XXI.
VACATION PLAN
From July 1,2008 to June 30, 2011 inclusive, all employers shall pay to every journeyman steainfltteremplnyed by them an additional
wage in the sum of rwc dollars ($5.00) per hour regular time as set forth in Rule I and ten dollars ($10.00) per hour for overtime as forth
in Rules [and 111. Apprentices shall be paid itt accordance with Rule II. Sectiouffi. This additional wage, less any requisite withholdings
or deduction therefrom as required by la thall be paid to the Trustees ofthe Sceamfitters’ Vacation Plan to be established tbr the account
of the respeenve steamfruer orapprentice and in accordancewith the appropriate rules and regulations to be established by suchTrustees;
which payments shall be disbursed by saizl’flustees only to die steamfitter or apprentice with respect to whoni such payment have been
made (less actual expense of forznuiatirtg and administering the bust) as a vacation payment to said stcamfitter or apprentice, and in
accordance with slJcb rules and rcgulations as may be adopted by the Trustees in furtherance of the objectives set forth in this rule.
Such Plan was established by an Agreement and Declaration of Trust dated July 1, 1953, to which the Contractors’ Association and
Enterpdse.Association were parties and all Employers agree to make the aforesaid payments in accordance with the rules and regulations
established by the Trustees of said Plan, from time to time, and to be bound by and comply with all of the provisions of said Agreement
and Declaration of Trust as (he imc exists or may during the term otthis Agreement be amended in accordance with its terms.
Rule XXII,
SECURITY BENEFTT
From July 1,2008 to lime 30, 2011 inclusjve, all employers shall pay into thc Steamfiuers’ Industry Security Benefit Fund which
was established by an Agreement and Declaration of Tru dated September 1,1961 as a trusteed fundjointly administered in compliance
with bwthesurn chuive doUars($5.0C)perLiuurrcgiiJarti,e as setforch inRule land tendollars (Sl0.00)pcrhourforovenirne asset
forth in Rules land ill for work performed by each journeyman. Apprentices shall be paid in accorthoce with Rule II. Scction Ill. Said
slims less actual expenses of administering the trust shall be held by the Trustees of said Fund for the benefit of the steamfltter or
apprenliec with respect to whom such payments have been made and applied in accordance wiTh such plan as may be adopted the
by
Trustees. Such plan shall quali’ under appficable provisions of the Interimi Revenue Code to insure deductibility of add payments rm
taxable income of the employer.
Such Pued was established by an Agreement and Declaration of Trust, dated September I, 1961, to which the Cuntractors’ Association
and Enterprise Association were parties and all employers agree En make the aforesaid payLncnL in accordance
with the ruLes and
regulabons estabhshed by the Trustees of said Trust, from time to time, and to be bound by and comply with all of the
provisions of said
Agreement and Declaration ofTrust as the same exists or may during the teczn of this Agreement be amended in accordance with its terms.
Rule X)(IIL.
INDUSTRY PROMOTiON FUND
Every employer shall during the term of this Agreement pay one perceut (1%) per hour ofthejuurneyman steamfitter
wage rate less
fnnge benefits to the Stearnfining IndUaLty flmd of New York and Long island for each and every
hour worked by journeymen and
apprentice steamfitters for work performed by them in the City of New York and in Nassau and Suffolk
Counties. NY. Such Fund was
originated by an agreement dated July 6, 1966, to which the Contractors’ Association and
Enterprise Msociation wart parties. Such
Fund was established by a Declaration of Trust, dared September 30, 1966, and all employers agree to make the aibresaid
payments in
accordance with the rules and regulations established by the Trustees of said Trusç from time to time,
and to be bound by arid comply
with all provisions ofsaid Agreement and Declaration ofTrust.
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Rule XXIIf-A.
LABOR-MANAGEMENT COOPERATION COMMITTEE
Prom July 1,2009 to June 30,2011 nclusivc, all employers shall pay into the Labor-Management Coopcratiun Committee, wbich
was established by an Agreement and Declaration ofTrust dated July 1,2008 as a trusteed fund jointly adnilnistered in compliance with
law the sum of three cents ($0.03) per hour worked a set forth in Rules Ii and 111 fur work performed by each journeyman. Said sums
loss actual expcuscs of administering the trust shall be held by the Trustees of said Committee for the benefit of the industry.
Such Fund was established by an Agreemenc and Declaraton ofInw. dated July 1,2008, to which the Contractors’ Association and
Entecprisc Association were parties and all employers agree to make the aforesaid Itaylileots in accordance with the rules and regulations
established by the Tntstees of said Trust, from time to time, and to be bound by and comply with ciii of the provisions of said Agreement
and Declaradon of Trust as the same exists or may during the tent of this Agreement be amended in accordance with its terms,
Rule XXIU-B.
From July 1,2008 to June 30,2011 inclusive, all employers shall pay into the linitedAssociation Training Fund the sum of five cents
($0.05) per hour wo&cd as set Forth in kale 11 and 111.
Rule XXIV.
BONDING AND FUND PAYMENT REQUIREMENTS AND ADMINISTRATION
Section 1. Each £znploycr shall fbrnish a bond or an equivalent amount in cash to the joint benefit ofte Trustees of the Stcantfttten?
Industry Welfare Fund, the Steamfitters’ Industry Pension Fun4 the Stearnfitters Supplemental Retirement Plan, the Stcamfitters’ Industry
Educational Fund, the Steamfirters’ Indus;ry¼cation Plan, the Steamfitters’ Iadustty Security Benefit Fund, and the Stcarnfitting Industry
Fund of New York and Long Island (the “Funds”), guaranteeing payment to said Trustees, juindy and severally, of any an
4 all amounts
due from said Employer to ouch or all of the Funds, pursuant to the terms of this Agreement.
Such bond shall be in form and substance, and shall be issued by a surely, saiistbctory to the said Trustees.jointly. Such bonds shaD
provide that The coimlics ofNewYork and Nassau arc proper venue.
The aggregate amount of the bond shAh be determined by the following:
0 to 6
Local 638 Employees
$ 30,000.00
7to 14
Local63S Employees
60,000.00
15 to 30
Local :638 Employees
85,000.00
31 to 60
Local 638 Employees
150,000.00
61 ro 90
Local Ø38 Employees
250,000.00
Over 91
Local 638 Employees
500,000.00
Settlea IL Each Employer will make 0
ie required Fund payments provided for in this Agreement within fourteen (14) calendar days
following dt dose of the work week, ix. for a work week axting on Tuesday, the Fund payments must be received by the Fund Office no
later than the second Iollowingtuesday except where Trustees haw, hi writing, authorized ordircctcd other tents; with respect to ati payments
not made within the required time, an Employer will pay interest at 16% (sixteen potent) p imnum. or the maximum rate,
if any, fixed by
Section 5-501 of the New York General Obligations Law (herethafter “the Maximum Rate of Entereal”) Iitm the date tie. and, as Liquidated
damaga an ackUdonal amount equal to 20%f& unpaid ctzm’bwions as &tamincd by a court ofcompetentjurisdictioo,
and wifl mimburse
the Finds forte reasooabc expense ofcollettion including attorneys’ kcs and audit fees. In the event that an Empk’er
iS delinquent fourteen
daysaltcr iiaitten notice of delinquency addressed to the Employer has been deposited in the U.S. mail by certified
maiL renirn receipt requested,
the said Employer shall be required thereafter for the remaining term of this Agreement to furnish a bond for double the amount
ftquired in
Section I, and ifthe said Employer is thereafter delinquent at any time during the term of tills Agreement of fourteen days
after written notice
ofdelinquency addressed to die said Employer has been deposited in the US. mail by certified mail. rchzn receiptreqtstc4 the
said Employex
shall be required thereafter for the remnirilng term of this eerrent to furnish a bond for quadruple the amount required in
Section!. The
Thistees may, in their sole discretion, accept or require a pcrsnnal bond, certified check, or guarantee of
payment of one or mote stockholders
or officers ofthe Employer in lieu of the additional amounts which may be required of an Employer pursuant to this paragnph.
Application for such less frequent payments must be made inwricing by the Employer and shall, upon apprtval,
require a bond fordouble
the amount required in Scctioa I but in rc case shall the bond be more LhW $500,000.00. Stich less frequent payments
are described as
monthly. Payment must be made within fifleen (IS) calendar days following the close ofthe prior work month, Ifsaid ençloyer has not
remitted
paypicm of funds For the prior month by the 15Th of the following month, he shall be considered delinquent
The Trustees, acting through Chairman and Co-Chairman or a sub-committee ofTrustees designated by them, or
the Administrator.
have the authority to direct, In writing, an Employer that is unbonded and/or
on the del’mqttcncy list more than three (3) times during the
term of this Aveement to make its payments to the Funds within three (3) calendar days from
the close of the workweek, i.e., fora work
week ending on ibesday, the Fund paymcn must be received by the Fund Office
no later than the Friday of the same calendar week.
The Trustees, as to any Employer so ftquired to make Fund payments within
three (3) days, may initiate arbitration and/or any other
remedy available to them, at any time alter the third calendar day from the close of the
work week, without further notice. In addition,
where a contractor is unbonded and/or on tilt deLinquency list more than
three (3) times during the term of this Agreement end/os issues
a check to the Funds which is returned “unpaid ror insufficient funds,” “uncleared
funds’ or as to which the Employer stopped
payment,
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the Trustees, through Chairman and Co-Chairman or a
sub’conunittee of Trustees designated by them, have the author to
ity direct an
Employer to make Fund payments by nitans of Certified
Chcc)ç Bank Cheek or Money Ordct Any Employer that fails to meet
a three
(3) day payment schedule that may be directed pursuant to this
Pangraph, imdior fails to pay by Certified Check, Bank Check
or Money
Order when so directed, shall be deemed delinquent within
the meaning of Rule IV. Section II, and the Union may reliise to permit
employees to work for such Employer.
Reporting of Fund payments by employee’s narno shall be submif
led rat the same time as payments are due.
In addition to any other action the Finds may be empowered
to take, the Funds may bring an action pursuant to Sections 502(0)
(2)
and 515 ofthe Emplcqee Retirementlncome SecurityAct of 1974,
as pmended. to enforce the Employeñ obligation to make contributions.
Lii any action under cha preceding sentence in which judgem
ent is awarded in fnvor of the Funds, such jugement shall award the Funds:
the unpaid contributions, and interestatthe Maximum
Rate of (nierest, and as liquidated damages an amount equal tn2O
percent of
the
said unpaid contribulions as determined by (he court, and reason
able attorneys fees, audit fees and casts or the action, and such other
legal or equitable idle! as the coud deems appropriate. Nothing
in the foregoing two sentences shall be constnaed as a waiver or limitat
ion
on the Funac’ or the Truscee rights to enforce an Employer’s
obligation to contribute in any othertype of proceeding against
the Employer
and/OF its shareholders and/or its otflccri.
In the bvcnt an Euiployer is delinquent hereunder as defined
in Rule IV, Section 11, the Funds, in their sole discretion, may initiate
arbitmtion pmeccdings to obtain appropriate relief The parties
specifically agree that any claim made by the Funds based upon any such
delinquency may be inibated.by the Funds upon fourtee
n (14) days written notice of intention to arbitrrnc by registe
red mail or cerrificd
nail to the last address of the employer dci record
with the Fund Office, and to Edward Nolan, as Arbitra
tor,
or
such
other Arbitrator as
the Board ofkrbitration may from dine to time select, to be
settled by arbitrafion in aecordsn*rn with the ‘khintary Labor Arbiin
tioo Rules
of theAnicdcanAsin-ation Association, xccpc as otherw
ise provided herein and judgement upon (he award rendered by
the Arbitrator
may be entri’ed in any court having jurisdiction thereof
mid shall be final and binding upon the paflies. Should the Employer
fail to
appear, together with his payroll records for the period
of delinquency in question, the Arbitrator may find against the Emplo
yer by
default. In any ease in which the Arbitrator finds
that the employer is indebted to the Funds, the award shall include:
Ihe unpaid
conthbutions. and interest on unpaid or ia&lily paid contrib
utions at the Maximum Rate of Interest; and as liquidated damag
es
an amount
equal to 20% (twenty percent) of the unpaid contrib
utions as well as any sums due pursuant to Sccdon IV of this Rule
and
reason
able
attorney’s fees, audit fees and costs of collection, and such
other legal and equitable relief as the Asbttxator deems appwp
riate. It is
specifically agreed by the Employer that iii any
case in which the Funds serve a notice of intention to arbitrate (ordem
and Ibrarbitration)
which results in a notice of hearing being issued
by the Arbitrator, contributions fbi all weeks which are
claimed as due by the Funds as
of the notice of intenticin to arbitrate as well as contrib
utions for all weeks claimed as due by the Funds throug the
h
date of the arbitration
hearing or adjourned date, if pity shall be subject
to such arbitration. Once the novice of the hearing is
issued, payment of the sums
claimed in the notice of intention to arbitrate and
all sums claimed as bccomin8 due thereafter in accordance
with the preceding sentence,
will urn be deemed to have been made until the Fund
Office receives such sums in the form of cash, certified
check, or an uncertified
check which the Fund Office determines has cleared prior to the
arbitration hearing; the Fund’s judgment as to the time of dicatin
cheek shall be conclusive. An Employer to whom a
g of a
demand tbr arbitration has been mailed shall pay cancellation Ice
for
legal.
administrative andlor arbitration costs as follows:
it’ all fringe benefits claimed in the demand for arbitration are paid,
with interest, prior
to the arbitrator mailing a notice ofhearing, the
cancellation fee is TWO HUNDRED DOLLARS ($200); if the notice
of hearing has been
issued by the arbitratoc; and all fringe benefits claimed
by the Funds as due as of the date of hearing have been paid, with
interest, the
cancellation lee is FOUR hUNDRED DOLLARS
($400), if paid morc than twenty-four (24) hours prior to the schedu
led staffing time
of the hearing acid SIX HUNbRI3D DOLLARS ($600)
if paid prior to. but less than twenty-four (24) hours before the
scheduled starting
time of the hearing. Inidation of the aforesaid arbitra
tion procedure shall not preclude the Funds from
pursuing any other remedy or
remedies available to them including other remedies agains
t the Employer and/or its officers and/or its shareh
olders. It is e.’prcssly
understood end agreed that the arbitration provision herein
shall not be an eaclusive reniedy
At the option of the Funds, suit may be brought by the Funds
against the Employer (a) in the Southern District or Eastcm Distric
New York in the case of Federal court action by the
t of
Funds, or (b) in the courts of the State of New York, in which event
the Counties of
New York or Nassau we deemed proper venue, and the
law of the State of New York shall apply except that federal law
shall apply as to
the remedies available through arbitration. It is agreed
that the Funds may sue ccl lectively or individually in their
own name or, alternately,
in thc name of the Administrator and at least one Emplo
yer Trustee and one Union Tnistee from each of the
Funds.
The Funds, in their own name or, alternatively, in
the name of the Administrator and at least one Employer Tnistee
Trustee from each f the Funds, may ilk mechønic’s
and one Union
respect to any contribution due such employee and liens on behalf of each and every employee who works under this Agreement. with
not paid in accordance hettwith.
Sectiop IlL Each Employer who chooses to exercise the
option of paying wages by check, as provided in Rule IV
shall, submit a written request for permission to
ofthts Agreement,
pay by check with the Board of Arbitration. The Board
ofArbiltadon shall withhoLd
approval from any Employee who, has been delinquent
in any wage or Fund payments during the preceding twelvo
ofArbitrations will recommend to the Stearn’fittcrs
months. The Board
Industry Fund Trustees, the name of such qualified Emplo
yer and after written approval
by the Steamfiners’ Industry Fund Trustees, the
Employer may commence paying by check. The Stoamfitters’
Industry Fund Trustees
will withhold any appcoval until the bond requirv
d in Section I is reissued in the following amounts and revised
to include the guarantee
to the Steamfitters’ Industry Fund of wages paid by check.
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Thu aggregate amount of the bond shall be detennined by the following:
Lncal 638 EmpLwees
0 to 6
$ 60,000.00
7 to 14
LocAl 638 Employees
120,000.00
IS to 30
Local 638 Employees
170,000.00
31 to 60
Local 638 Employees
300,000.00
61 to more
Local 638 Employees
500,00000
Aai Employer whose check tbr wage fails to clear in due course agrees forthwith to pay to the Steaznfiuing Industry Fund of New
York and Long Island Trustees the face amowir of such check together with intcrcst at the Maximum Raze of interest per annum 11am the
date said Trustees paid such sum on behalf of the Employer
together with the reasonable expense of qolleccion.
Section JV.Themistees may at any time direct a payruil audit of any Employer to veri& the Fund payments. Failure by any Employer
to permit such audit within a reasonable time from receipt of written demand by the Fund Office, mailed to the Employer by registered
mail, return re2cipt requested, to conduct such audit, or to submit the reports of payments due to die fund 01Th3c in accordance with the
requirements of this Rule XXIV. shall cocstitute a breach of this Agreement and the rules attached for which Employer shall be liable to
the Funds for liquidated damages in the wti of $500 per day for each day of delay in permftting such audit beyond the said LU duys, or
in suhmitdng the said reports in accordance with the Rule XXIV
The Trustees shall notd5r the approprnte EnterpriseAssoviation officiais of all delinquent Employers. including Employers who are
not n compliance with thc bonding, auditing and reporting requirements hereof, for action as provided for i RuIc IV. All bonds furnished
under this Rule shall provide for the bonding of the Employer’s obligation to pay the Maximum Rate of Jntercst per annum of any
delinquent Fund pqmcnts or wages and for the reasonable cKpcflSC for collection irichiding liquidatcd damages, audit fbes and attorney
fees in addidon to the principal amount.
UNITED ASSOCIATION OF PLUMBERS AND STEAMFITTERS
OF UNITED STATES AND CANADA
To Whom It May Co icern:
On March 24th, 1914, agreement was made between tbe United Association of Plumbers, Steam Fitters and Steam Fitters’ Helpers
ofthe United States and Canada mid the Enterprise Association of Steam, Hot Water, Lfydraulic, SprinkIer Pneuznadc Tube, Ice Machine
and General Pipe Fitters of New York and Vicinity and the Progress Association of Steam. Hot Water and General Pipe fitters’ Helpers
olNew York and Vieinit which resulted in flit admission of the above-mentioned Bnrerprisc and Progress AssociMions into the aforesaid
UnitedAssocjation of Plumbers, Steam Fiacc, and Steam Fitters’ Helvexs of the United States and Canada, Wnich agreement entitles the
aforesaid Enterprise and Progits Associations to all constitutional rights and privileges of the United Associatioa
ThIs agreement providiss and is so understood that the Enterprise Association. known additionally as Local Union No. 638 of the
United Association, shall have jurisdiction over all steamfirrers in the City of New York, and that the Progress Association, known
additionally as Local Union No. 639 of the United Association, shall have jurisdiction over all steajuficters’ helpers in the City of New
York and such othcr territory as may be hereinafter referred 1q
It is understood, and contained in the terms oldie agrccmenr referred to, that the Enterprise Association and the Progress t%ssociation
shall have territorial jurisdiction ovcr such territory as is contained in the City of New York, all of Long Island and such other adjacent
tcrritoiy as may hcrvafter be agreed upon between the said Enterprise and Progress Associations and
other Local Unions of die United
Associations in the vicinity of New York City.
It is fiurther underslood and agreed that the said Enterprise and Pzpgress Associations shall continue to observe all teuns and conditions
of agreements now exiadn between said Enterprise and Progress Associations and any cmployer or employers’ association,
without
objection or interference on the part of the t,JnitedAssocjatjon of Plumbers, Steam Fitters and Steam Fitters’ Helpers of the
United States
and Canada, or of any Local Union or Local Unions thereof
ft is understood and agreed that the members of the Entcrprise and Progress Associations while working for employers located
in
the City ofNew York, shalt, without hindrance, tie privileged to work at the Steam Pitting Lraalc in the coimlies of Hudson, Essex,
Union,
Bergen and Morris, in the State of New 3ersec and at the trades of Steam Fitting and Sprinkler Fihing in the County of Westchester,
State
of New York, without depositing clearance cards in the usual maimer.
Members of rcgularly constituted United Association Locals, while working for employers located the aforesaid New
in
Jersey
tert tory, and the county of Westchcstz Stare of New York, shall have a reciprocal privilege as to the City of New
York, provided such
members receive a scale of wage prevailing in the City of New York.
The following plan of mdc jurisdictiod as indicating the work of a steamfiner and a stcamritters’ helper is hereby accepted
by the
United Association through its general board of olTicers, and by the Enterprise Association and Progress
Association.
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DUTIES OFA STEAMFITTER
(I) Wherever any apparanis, titcnsil or iippurtenanco erected
or installed by the sceamfirtex- shall itquire a connec
Rupply old: building, or from any pipthg erected
tion from the water
by the plumber, such supply or wase connection shall he
rruide by the steamfitrer. The
plumber shau leave in the water supply piping and the
in
waste or sewer piping, suitable outlets, at practic
al and convenient points, and 11w
steamfittershaU sun all necessary piping from such outlets
to the apparams erected or installed t’ him and from
such appattisto such outlets.
Piping of every description, together with its
accompanying fittings, valves and appurtenances
(expecting, only, air piping for
thermostatic valves) which joins together the
several pasts of apparatus erected or installed
by the steamfitter, in accordance with the
jurisdiction ala steamfitter as herein described, inclu
ding
regardless of whether such piping conv’s steam, wate by-passes, shall be erected, installed and connected by rho stejimlitter, and this
r air-brine ammonia, oil or other liquids or any
commercial product or any product
in course of mannfacmro.
(2) All steam, pneumatic and hydraulic poser piping
other than the piping for LLIcrmQSIaLic valves.
(3) ALL steam and hot-water heating apparatus and all
steam boilers connected to hot-water heating
apparatus and all steam boilers
connected to hot-wiser tanks.
(4) All heat regulatin syste
g
ms, excepting piping for thermostatic valves.
(5)•ALl vacuum heating systems arc the work
of the steamficter. All vacuum cleaning systems are
the work of 11w plumber, provided,
howevez that sante does not include any form
of piping fur cleanins electrical and other qppu
mtus and machinery as provided for in
paragraph No. 10.
(6) All pneumatic tube systems.
(7) All ice-making, refrigetadng and ecioling appa
ratus of every description This does not inclu
de piping for aunamitting ice water
for drinking purposes.
(8) All hydraulic piping for elevator, and for the
operation of curtains. presses mid machinery
.
(9) All oil piping in connection with power or
heating apparatus, provided, however, that pipin
g used for the transmission of liquid
gusoline in garages. dye houses and cleaning
establishments shall be the work of’ the plumber.
(10) All air piping for power work, cleaning
of electrical and other apparatus and machinery.
(11) Placing, erecting and resting oral! fan
coils. humidifiers and air washers in conn
ection with beating and ventilating apparatus
and connecting together the parts there
of,
(12) Setting of all fixtures, pumps. tank
s and heaters in connection with steam power apparatus
or with steani or ho; water heating
apparatus.
(13) All swain connections lbr hot wate
r tanks shall be the work of the steamuitter.
The employees of the contractor ftsrnisbing the
tank shall place it with all necessary bang
ers or supports, and the plumber shall make
nil
water connections to the tank.
Hot Water tanks and heaters for domestic
purposes, which have no steam cotinoctio
ns, shall he installed by the plumber.
(14) All air piping for window or door
opening devices or for switch or signal syste
or I’r like purposes.
m
(15) Building and repairing of water
yates for power or beating.
(I 6)AlJ sprinkler systems including
all fire stand-pipes connected thereto shnll
be installed, complete, by the stcamfittcr, excepting
only, that the plumber shafi set the mete
,
r and do all piping (torn the meter to the
writer supply main in the street
(Il) Al] fire stand-pipes not connected with
the sprinkler system. nor with the water supp
ly of the sprinkler system, shall be the
work of the plumber.
(la) All steam and return connections of all
kitchen ritonsils.
(19) All steam ejectors and all piping in conn
ection therewith.
(20) All piping for the transmission ofgk
icose. syrup, liquid sugar, ink or other liquids in
manufacturing or commercial plants or for
the transmissions of such other com
mod
ities as pass lhrotLgh piping from one poin to
t another in manufacuthng or eonuncrc
when such liquids or coriunodities
lal plants,
are pnt of the product otruch plants, and
all piping utilized for railings and racks and
shall be the work of either the steam
similar piping
fittcr orthe phimbe; provided, however, that
pipc railings in engine rooms and boilerroom
the work of the steajnflger.
s shall be
In all matters as to which decisions have,
heretofore, heen rendered by the Arbitration Boar
decisions shall govern the jurisdiction
d of the NcwYork Building Trades, such
ofthe plumber and steamfiucr.
Rcpwsendng the linictd Association of Plum
bers and Steamfitters of the United States and
Canadu;
JOHN R. ALPINE,
ThOMAS 8. BURKE,
E.W. LEONARD.
Gcaera! President
Genera] Secret’-Treaourcr
General Organizer
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THE PRINCIPLES FOR TRADE AGREEMENTS
As referred to in ArticLe X of the agreement dared July 1.2008 herccn the Mechanical Cantrictors Association ot New York, [tic,,
and the Enterprise Association of Steam, Hot ter, Hydrvulie. Sprinkler. Pneumatic Tub:, icc Maclime and General Pipefitters of New
York City and Vicinjc)c Local Union No. 638 of United Association of Journeymen and Appreitticc of the Plumbing M Pipe Fitting
iridusty of the Linked States and Canada,
PRINCIPLES UPON WHiCH TRADE AGREEMENTS SHOULD BE BASED
1. That shall be no soikes or lockouts or stoppage of work, neither shall members of a union collectively leave the wock of a member
orthe BuildingTrndes Employers’ Association. Trade agreements made by the Employers’ Associations, members ofthe Building Trades
Employers’Association, and trade unions shall provide that all disputes arising in the trade shall be settled by trade boards of arbitration,
with an umpire if necessary, and the decisions of trade boards and umpires shall be final and binding.
2, There shalt be no agrecment providing for discrimination against building materials, raw or manufactured.
3. The amount of work a man may pafbrm shall not be resthcred by a union nor by the representative, officers or members era union;
and the use of machinery, tools, appliances or methods shall nut he restricted or interfered with.
4. The employer shall be at liberty to empLoy and discharge whoinsoeverhe sees fit; and the members of the unions shall be BE libcrty
to work for whomsoever they shall see fit
5. The foreman shall tie the agent of the employer and shall not be tried for any of his acts as foreman wjthou due notice of the trial,
accompanied by n written statement of the charges against him, being given to the Joint Trade Board.
6. The trade associations and unions thall jointly maintain a system which will provide an adequate tbrce uIskillcd mechanics. The
Apprenticeship Plan of the New Yoi’k Building Congress is endorsed.
7. Overtime shall not tic worked, wcept when unavoidable.
S. There shall be no provision, in any trade agreement, having for its object the collection of debts.
9. There shall be no provisions, in any bade agreement, which will prevent the doing of cutting by the trade which installs the work
for which the cutting is done.
10. Unskilled work, as defined in th trade agreements, may he performed by the laborers or helpers. Thc work thai has been
heretofore recognized to be in the possession of a trade shall not be submitted to arbitration, unless possession is claimed
by a party or
parties to a jurisdiction of trade dispute.
II. All contractors party ‘a this agreeMent, agree to be bound by decisions of& United Association, the B.T.E.A. ofNewYork
City
or the National Joint Board.
12. The Employers recognize that the Union had a lcg;tinrnte goal of preserving bargaining unit work
opportunities for the
Steamfitters who me or have been regularly employed under the Trade Agreement.
The Employers also recognize that the above goal can sometimes best be achieved through the fl&bility of modifying work rules
(other than those pertaining to wages. benefit ftnd contribution rates, or apprentice ratios)
r S particular projcet.
Therefore, if modifications are approved by the Joint Trade Board to preserve bargaining unit work, the
Employers agree that they
will not invoke the Most Pavorcd Nations Clause, Arttele X, second paragraph, based
on the Trade Board’s modification of Work Rules
(other tItan those pertaining to wages, benefit fluid contribution rates, or apprentice ratios) lbr a
particular job project.
PUBLIC WORKS SUPPLEMENT
SCOPE
This Public Works SuppTemenr is limited to public works projects (Federal, Swte, City) be
to performed under prevailing rate laws
(Davis-BaconAct and)or Labor Law Section 220), and is applicable to HVAC and mechanical
public works contracts with a doflar value
not to exceed Fifteen Million Dollars ($15,000,000) mid to fire protection/sp
rinkler public works contracts with a dollar value ‘tot to
exceed Onc Million Five Hundred Tliousgmtl Dollars (S I .500)000).
TERM
•Lbe Supplement is for a one (1) year petiod commencing July 1, 2008 to June 30.
2009; the Supplcment is to he evaluated by the
JorntTrath board and can be ertendcd for one (1) year periods only if agreed to
by the Joint Trade Board (there shall be no arbuirution to
resolve any lack of agreement). Ifajob is bid under the Supplement tiwn
the terms of the Supplcment remain in effect for that job until
its completion
RULE I
SectIon 1: Hours of labor shalt be S hours per day to be performed between 7:00
seven o’clock A.M. to 4:30 four thirty P.M.
Section VI: Panics agree to a shift plan for all work at a 30% differential, to be
performed in compliance with Rule XV
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RULE 111
RATE FOR OVERTIME AND HOLIDAYS
Section IV. On transit pmjeccs, wiere work is perfo
rmed in the vicinity of tracks all shift work on weekends and
perfonned at regular shift rales.
holidays may be
RULE V
Section It All work to be performed under this agreenwn
t within thejurisdiction of the Enterprise Associtition
by Journeymen Steamfiters, Apprentices or Trainees,
must be performed
The crew size shall be any nurttbcrofmcn required to
safely perkrm the work, and shall be increased or decr
eased at the discretion
of the employer.
Hiring of Steomfnters shall be in 4vcn eumbers. An even
number of Stuanifitten shall be employed onthejob at all time
time will the amount of Apprentices and/or Train
s. At no
ees exceed the number of Journeymen on the job. (The
work of all Apprentices and
Tminees will be supervised by a StoamfitterJounieyma
n).
Section II: ft is the employer’s discretion to designate
a foreman who must. be a Journeyman Szeandittcr. A forem
thai] be allowed to work with tools.
si so designated
RULE IX
cunING AND MATGNG UP FITITINGS
Section I: Al] pipe may be Cu; threaded, groo
ved and have fittings made ip by hand or machine on
the job or in the shop of the direct
employer at the option of direct employe
r. If the said shop is a permanent shop. equipped
with permanently installed pipe cutting and
threading machinery, then the work shall done
be
by a Sreamtittcr working alone. When a direct emp
loyer has no permanently installed
pipe cutting machinery in his shop. suqh work shall
be done in
accordnnec with Rule Von the job, or in any shop emp
Steainfitters.
loying 638
Section 11: All sprinkler and combination sprinkler/
standpipe systems inclusive of cross mains, stringers
connecting pipe to same may be cut, threaded or
and fire hose stations
grooved in a shop or on the job at the option of direct emp
loyer.
All fittings above 2” on sprinkler work m’ be mad
e up in the shop ofthc direct employer by a Steanifit
job at the option of the employer. The makeup
ter working alone or on the
of fittings up to and including 2” in diameter can
be
orde
1km
red
Alt types of chemical fire protection syste
any shop.
ths is the work to be performed by Journeymen Stea
mfitters and/or Apprentices.
$cctioo LU: All Pipe Fabrieationpciformed
in a shop under Section! and II must be labeled befo
re leaving the shop. The Journeyman
performing the work tnust attach labels to the pipe
showing the Journeyman’s mime, signature, book
shop end date when work was performed
number, name and address of the
to demonstrate that such work was done by a Jown
eytnan Stesinfittet within this baiaiuing
unit and under die terms of this Agreemen
t. Rqmdactions of the Journeyman’s signamre will
not be acceptable.
Public works labels shall be obtained by written
application to Local (felon 638 from individua
delivered by the Union to the Steamfitter in char
l employers. These labels shall be
ge ofea
Section IV: Radiator branches, convcctor bran ch shop, and he shall be My responsible tbr the proper distribution of these labels.
ches gad coil connections shall bc cut, threaded, weld
any other method ofjoining shall be done on the
ed, brazed, glued, soldered or
job by hand or machine in accordance with
Rile V or at the option oldie contractor in
a shop employing 638 steamfitters,
Scedon VI: Pipe of all diameters can be ordered
from a supply house cut into pieces for ease of
the shop of the direct employer or thojob
access or handling and delivered to
sire. Half lengths of pipe ordered front a supply
house may have a mill bevel, thread or groove
on each end. Pipe up to and including 12”
diameter may be ordered cut to length with both
ends prepared from any supply house. This
nile does not apply to combination standpipe
.
Section VII: All pipe used for temporary servi
ces which has been cut in the shop or on the
uted again.
job and subsequontly removed may be
RULE X
WELDING
Section V: Pipe up to and including
12” in diameter may be ordered cut
‘flils rule does not apply to combination
standpipe.
ti>
length with both ends prepared frum any supp
ly house.
RTJLEXI
Section VI: Whim Steam fitters are working
n the building no temporary service personnel
Section VIII: Temporary air
art requirect
conditioningservices will only be required
for central chiller plant operation.
Section Xliii When temporary services
are required the number of Steamfiners requ
ired shall be determined by the employer and the
Union for the safe operation of the ystern.
in
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RTJLEXV
SHIFT WORK
Section 1: Shift work may be pertbrmed at
the option of the employer outside of the
Holidays, in accordance with the follo
regular woi’k day except Saturday, Sunday,
wing:
and
a) A shift shalt cqnstst of tight (8) work
ing hours. Al) work pertbrmed in oxce
ss of eight () bouts shall be paid at doub
rate for regular time. No shift shall conu
Lc the
nence after 7:00 p.m. on Frid
ay
or
7:00
perlbnncd.after 12;ol Saturday or 12:0
1 the day bekrt a Holiday will be paid at p.m. the day bcforc holidays. All work
b) Smiting time for each shifi shall
double the rule for regular time.
be designated by the employer.
a) A Steamiitter or Apprentice who has work
ed during the same regular workday shall
d) The employer shall notify the Union
not be assigned to shift work.
24 hours prior to the start of shift work.
e) A Steaxnfltter or Apprentice shall not work
more titan one shift in a 24 hour period.
f) When shift work is performed, Stesinfit
iers and/orApprentices shall be paidtlie wage
rate for regular tune worked plus a 30%
premium, together With the fringe
bcnefit contributions.
TERM OF THIS AGREEMENT
It is Junker mutually agreed that
no change in this agreement shall be askcd for
by either party hereto, to take effect prior to the
day of July, 2011.
first
ARTICLE FIVE
ii is understood and agreed that this agre
ement is based upon the Principles
for Trade Agreements as set forth in the print
to this agreement, and nothing in the
ed annex
Rules of thc Enterprise Association attac
hed hereto, or within this agreement,
Lu contadiet or nullify any of
shall be interpreted
the said Prin4ptcs.
It is agreed that the Favored Nation Clause
as stated in the existing eade agrecinern is not
is understood and agreed that in case
applicable to the Public Works Supplenient
any prbvision of this agreement shall be foun
li
d
to
Way affect the odin provisions of this
be
cont
rary to law, such finding shall not in any
agreement, which shall. notwithstanding,
continue in full force and effect and the parti
ten (10) days after wocipt otwritte
es shall within
n notice by one party to the other, nego
tiate in an attempt to arrive at an appropriate
in light of such nilbg.
substitute provisions
lii the event of change of appl
icable Fedpral Laws affecting this agreemen
t, by virtue of whicb change it shall beco
Enterprise Association to demand that
me legal for the
only members of Enterprise Associati
on be employed in the performance or
jurisdiction, or to institute what is com
work tinder its
monly known as the “closed shop,”
the Empl’er agrees that in such event
(10) days notice to the Employer by Umerpris
and
on
the
giving of ten
e Association in writing by registered
end that on and afterthe conclusion
mail, this agreement shall be deemed amen
ordw said ten (10) days period only mem
ded to the
bers of the Enterprise Association shall be
Employer in the performance of
employed by the
rk coming within the jurisdiction
of Enterprise Association and only mem
Branch ofLocal Union 638 shall becm
bers of the Metal Trades
ploycd at the perfonnance olservice work
more panicularly described in Rule XVI
of this agreement
iv,