2016 Commercial Building AGREEMENT - SEIU 32BJ€¦ · 2016 Commercial Building AGREEMENT ......

2016Commercial Building

AGREEMENT

BETWEEN

LOCAL 32BJSERVICE EMPLOYEESINTERNATIONAL UNION

AND

THE REALTY ADVISORYBOARD ON LABORRELATIONS, INC.

EFFECTIVE JANUARY 1, 2016TO DECEMBER 31, 2019

TABLE OF CONTENTS

ARTICLE PAGEI. Union Recognition and Union Security.................1II. Coverage of Agreement / Sub-Contracting.......... 9III. Wages, Hours & Working Conditions............... 12IV. Management Rights...........................................14V. Reduction in Force.............................................. 16VI. Reason for Discharge........................................22VII. Grievance Procedure........................................22VIII. Arbitration...................................................... 24IX. No Strikes or Lockouts..................................... 29X. Multi-Employer Bargaining............................... 31XI. Health, Pension, Training, Legal and

Supplemental Retirement and Savings Funds..... 37XII. Disability Benefits Law and Unemployment

Insurance..........................................................50XIII. Sickness Benefits........................................... 51XIV. Building Acquisition by Public Authority...... 54XV. Sale or Transfer of Building.............................54XVI. Building Classifications.................................56XVII. Wages and Hours.......................................... 57XVIII. Superintendents........................................... 65XIX. Joint Industry Advancement Project.............. 70XX. Terms of Agreement and Renewals................. 72XXI. General Clauses............................................. 74

1. Differentials................................................742. Pyramiding................................................. 753. Holidays..................................................... 764. Voting Time................................................ 805. Personal Day.............................................. 80

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6. Schedules................................................... 81 7. Relief Employees....................................... 81 8. Method of Payment of Wages.................... 81 9. Seniority and Layoff...................................83 10. Replacement, Promotions, Vacancies,

Trial Periods, and Newly HiredEmployees................................................. 84

11. Recall........................................................ 89 12. Leave of Absence and Pregnancy Leave.... 90 13. Vacations and Vacation Relief

Employees................................................. 93 14. Day of Rest................................................97 15. Uniforms and Other Apparel.....................97 16. First Aid Kit.............................................. 98 17. Fire and Flood Call................................... 98 18. Eye Glasses and Union Insignia................98 19. Bulletin Board........................................... 99 20. Sanitary Arrangements..............................99 21. Termination Pay.........................................99 22. Tools, Permits, Fines and Legal

Assistance................................................102 23. Military Service...................................... 103 24. No Discrimination / Protocol.................. 103 25. Placement / Employment Agency Fee.....112 26. Employees’ Rooms..................................113 27. Definitions.............................................. 113 28. Required Training Programs................... 114 29. Building Safety and Security.................. 115 30. Garnishments.......................................... 115 31. Death in Family....................................... 115

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32. Union Visitation...................................... 116 33. Jury Duty.................................................116 34. Identification...........................................117 35. Service Center Visit................................ 117 36. Automation Employment Pool................ 118 37. Death of Employee..................................119 38. Government Decrees...............................120 39. Weather Conditions................................. 120 40. Common Disaster....................................121 41. Transportation Costs............................... 121 42. Cuspidors................................................ 122 43. Security Background Checks..................122 44. Work Authorization and Status

Disputes...................................................123 45. Veteran Assistance Program.................... 123 46. Saving Clause..........................................124 47. Complete Agreement.............................. 124 48. Notices.................................................... 125XXII. New Development...................................... 125Side Letters........................................................... 127Minimum Wage Rates...........................................143Index......................................................................149

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The REALTY ADVISORY BOARD ONLABOR RELATIONS, INCORPORATED (RAB), anincorporated multi-employer association, dulyauthorized and empowered to enter into this agreementfor its members which appear on the list furnished toSERVICE EMPLOYEES INTERNATIONALUNION, LOCAL 32BJ (Union), and the Union, actingon behalf of its members and other building serviceemployees to whom this Agreement applies and forwhom it is the collective bargaining agency, do herebyagree as of this 1st day of January 2016, as follows:

ARTICLE IUnion Recognition and Union Security

1. The Union is recognized as the exclusivecollective bargaining representative of allclassifications of service employees at each buildingwhich is committed to this Agreement within thegeographical jurisdiction of the Union and the RAB.This Agreement shall apply to all classifications ofservice employees employed by the Employer. ArticleII of this Agreement shall also apply to employees ofcleaning and maintenance contractors who employemployees in any building committed to thisAgreement working in any job category covered bythis Agreement.

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This Agreement shall include a classification forbuilding Superintendent in buildings where theSuperintendent has been covered by the RABCommercial Building Agreement and those coveredunder the former Local 164/RAB Agreement.

Work performed pursuant to the terms of thiscollective bargaining agreement shall not beperformed by persons not covered by the bargainingagreement except as provided in Article II.

2. There shall be a Union Shop throughout theterm of this Agreement in every building where therewas a Union Shop under the 2012 CommercialBuilding Agreement and in other buildings wheneverit is agreed or determined that a majority of theemployees in such buildings are members of or haveapplied for membership in the Union.

The “Union Shop” requires membership in theUnion by every employee in the building as acondition of employment after the thirtieth (30th) dayfollowing employment or the execution date of thisAgreement, whichever is later, or in the case of newlyorganized buildings, after the thirtieth (30th) dayfollowing agreement or determination that a majorityof the employees in such buildings are members of orhave applied for membership in the Union, andrequires that the Union shall not ask or require theEmployer to discharge or otherwise discriminate

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against any employee except in compliance with law.The requirement of membership under this section orelsewhere in this Agreement is satisfied by thepayment of financial obligations of the Union’sinitiation fees and periodic dues uniformly imposed.

In the event the Union security provision of thisAgreement is held to be invalid, unenforceable or ofno legal effect generally or with respect to any buildingbecause of interpretation or a change of federal or statestatute, city ordinance or rule or decision of anygovernment administrative body, agency orsubdivision, the permissible Union security clauseunder such statute, decision or regulation shall beenforceable as a substitute for the Union securityclause provided for herein.

3. Whenever the Union files with the RAB andthe Employer a claim that a majority of the employeesin a building are members of or have made applicationfor membership in the Union, the Union Shoprequirement shall be made effective within fifteen (15)days thereafter, unless the Employer or the RAB,within ten (10) days, notifies the Union that it requiresa determination of that claim.

4. Upon receipt by the Employer of a letter fromthe Union’s Secretary-Treasurer requesting anyemployee’s discharge because he/she has not met therequirements of this Article, unless the Employer

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questions the propriety of so doing, such employeeshall be discharged within fifteen (15) days of saidnotice if prior thereto such employee does not takeproper steps to meet said requirements. If theEmployer questions the propriety of the discharge, itshall immediately submit the matter to grievance, andif not thus settled, to the Arbitrator for finaldetermination. If it is finally settled or determined thatthe employee has not met the said requirements, he/sheshall be discharged within ten (10) days after writtennotice of the final determination has been given to theRAB and the Employer.

The Employer shall be responsible for unpaiddues after receipt of notice provided for in this sectionand exhaustion of contractual remedies. TheEmployer’s obligation shall begin fifteen (15) daysafter such notice or, if the Employer questions thedischarge, after the final determination of thearbitrator.

5. The Union will hold the Employer harmlessfrom any liability arising from a discharge asked bythe Union pursuant to this Article provided theEmployer has done nothing to cause or increase itsown liability concerning removal of employees.

6. During any period in which it is notestablished that a majority of the employees in abuilding are members of, or have made application for

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membership in the Union, it is agreed that allemployees who, upon the date this Agreement issigned for their building, are members of the Union ingood standing in accordance with the Constitution andBy-Laws of the Union, and all employees whothereafter become members shall, as a condition ofemployment, remain Union members in good standingduring the life of the Agreement.

7. Upon execution of this Agreement, eachEmployer shall furnish the Union and the RAB with acomplete list of the names, Social Security numbers,home addresses and job locations of all employeescovered by this Agreement and shall notify the Unionand the RAB of the names, Social Security numbers,home addresses and job location of each newemployee thereafter employed.

The Employer shall notify the Union and theRAB in writing, as soon as a cancellation of anaccount becomes effective where Union members areemployed and the Employer shall notify the Unionwhen it acquires a new building service job.

8. The Union shall have the right to inspect theEmployer’s Social Security reports and all payrollrecords (except the salary of the nonunionSupervisors) in order to determine if this Agreementis being complied with. The Union shall have the rightto expedited arbitration in the event an Employer fails

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to comply with this right of inspection. Inspectionsmay also be made by the Union or the Arbitrator at therequest of the RAB. The RAB may join the Union atall times, when such examination is made. All BenefitTrust Funds established under this Agreement shallhave the same right to inspect as the Union but shallalso have the right to inspect Supervisors’ payrollrecords where Supervisors are covered by such Funds.

9. Each Employer agrees to deduct the Union’smonthly dues, initiation fees, and all legal assessmentsfrom the pay of each employee from whom it receiveswritten authorization and will continue to make suchdeductions while the authorization remains in effect.The Employer hereby agrees to deduct voluntarypolitical contributions based upon authorizationssigned by the employees in accordance with applicablelaw.

Such deductions will be made from the pay forthe first full pay period worked by each employeefollowing the receipt of the authorization, andthereafter will be made the first payday each month,and forwarded to the Union not later than the twentiethday in each and every current month. Such deductionsshall constitute trust funds while in the possession ofthe Employer.

If the Employer fails to remit to the Union thedues or other monies deducted in accordance with this

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section by the twentieth day, the Employer shall payinterest on such dues or other monies at the rate of onepercent per month beginning on the twenty-first day,unless the Employer can demonstrate the delay was forgood cause due to circumstances beyond its control.The interest shall not be assessed for an Employer'sinitial failure to deduct voluntary politicalcontributions until thirty (30) days after the Employerhas received written notice from the Union of itsfailure to deduct.

The Employer shall provide employeeinformation in connection with the transmission ofdues, initiation fees, all legal assessments and otherdeductions required to be transmitted to the Union(collectively, “Deductions”). Deductions fromemployees’ paychecks shall be transmitted to theUnion electronically via ACH or wire transfer utilizingthe 32BJ self-service portal, unless the Union directs,in writing, that Deductions be remitted by means otherthan electronic transmittals. The Union shall specifyreasonable information to be recorded and/ortransmitted by the Employer, as necessary andconsistent with this Agreement.

Employers who are currently transmittingDeductions by ACH shall continue to do so. Theparties recognize that Employers who are not currentlytransmitting Deductions by ACH may need timeand/or training to be able to do so. The Union shall

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provide any necessary training opportunity to theEmployer to facilitate electronic transmissions. ThoseEmployers who are not currently transmittingDeductions by ACH shall commence transmission byACH no later than September 30, 2016 (the“Transition Period”), provided that any reasonablyrequested training has been provided by the Union. Itis understood that the transition to ACH payment maycause some delays in effecting transmission. Duringthe Transition Period, Employers who deductappropriately, but whose transmissions are delayed,shall not be subject to interest or penalties owing tosuch delays.

If a signatory does not revoke the duesauthorization at the end of a year following the date ofauthorization, or at the end of the current contract,whichever is earlier, it shall be deemed a renewal ofauthorization, irrevocable for another year, or until theexpiration of the next succeeding contract, whicheveris earlier.

The Union agrees to indemnify and save suchEmployer and the RAB harmless from any liabilityincurred by reason of such deductions.

In keeping with the extension of Article I, Section1 to include all areas within the geographicaljurisdiction of the Union and the RAB, the RAB andthe Union will establish a joint industry committee

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comprised of at least six (6) representatives from allsectors of the commercial and residential industry tomeet on an ongoing basis, but not less than quarterly.The committee shall review and analyze prevailingmarket conditions, including wage and rental rates, anddevelop procedures for resolving Union organizationaland representation disputes to minimize disruption andconflict and to promote stable and efficient laborrelations and labor conditions.

ARTICLE IICoverage of Agreement

Sub-Contracting

1. The Employer shall not make any agreementor arrangement for the performance of work and/or forthe categories of work heretofore performed byemployees covered by this Agreement except withinthe provisions and limitations set forth below.

2. The Employer shall give advance writtennotice to the RAB and the Union at least three (3)weeks prior to the effective date of its contracting forsuch services, or changing contractors, indicating thename and address of the contractor.

3. The Employer shall require the contractor toretain all bargaining unit employees working at thelocation at the time the contract was awarded and tomaintain the existing wage and benefit structure.

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The Employer agrees that employees thenengaged in the work which is contracted out shallbecome employees of the initial contractor or anysuccessor contractor, and agrees to employ or re-employ the employees working for the contractor whenthe contract is terminated or cancelled. This provisionshall not be construed to prevent termination of anyemployee’s employment under other provisions of thisagreement relating to illness, retirement, resignation,discharge for cause, or layoff by reason of reductionof force; however, a contractor may not reduce forceor change the work schedule without first obtainingwritten consent from the union, which shall not beunreasonably withheld.

If the Union does not respond in writing to acontractor’s request to reduce the work force or changethe work schedules within four (4) weeks after writtennotification, or if the Union denies in whole or in partthe contractor’s request, the contractor must, if it wishesto pursue the reduction in force or change in workschedule, invoke and conclude expedited arbitration asprovided in Article VIII before implementing any suchreduction or change.

If the contractor fails to comply with anyagreement with the Union covering the work which wascontracted out, the Employer shall be liable severallyand jointly with the contractor for any and all damagessustained by the employees or the RAB as the result

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thereof, or for any unpaid Health, Pension, Training,Legal, and Supplemental Retirement and Savingscontributions. The Employer’s liability shall commencethe date it receives written notice from the Union or theRAB of the contractor’s failure to so comply.

4. Any cleaning contractor who performsservices for an owner and/or managing agent who issignatory to this agreement shall be entitled to thefollowing provisions of this Agreement at thesignatory buildings: Seniority, Hours, Flexibility, Workof Absentees, and the right to the procedure of anexpedited hearing with respect to the reduction in forceprocedures as provided in Section 3 of this Article.Any other provisions concerning reduction in forceshall be those as set forth in the cleaning contractors’agreement with the Union.

5. Whenever and wherever a contractor has theright to employ employees at wages, hours, terms andconditions different than those required by thiscontract (including without limitations, employeescovered by Article XIII, paragraph 2, of the 2016Contractors Agreement with Local 32BJ andemployees covered by Article XIII Paragraph 2 of theIndependent Contractors Agreement) then the Ownerand/or Agent performing such work may employemployees at the same wages, hours, terms andconditions as would be applicable to the contractor’semployees.

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6. This Article is intended to apply to allemployees employed in any building committed to thisAgreement and to categories of employees to the extentthat such categories of employees are “fairly claimable”by the Union, within existing National Labor RelationsBoard case law. In the event that the application of thisArticle, or any part thereof, is held to be in violation oflaw, then this Article, or any part thereof, shall remainapplicable to the extent permitted by law.

ARTICLE IIIWages, Hours & Working Conditions

1. Except as otherwise provided herein, thewages set forth in Article XVII shall be effective as ofJanuary 1, 2016, and all other terms and conditionsshall become effective on the payroll date nearest toJanuary 1, 2016. As to all buildings later adopting thisagreement, it shall take effect in accordance withArticle X.

2. No provision of this Agreement shall beconstrued so as to lower any employee’s wage. Ifemployees in any building had in effect on January 1,2012, a practice of terms or conditions better thanthose provided for herein, applicable generally to themfor wages, hours, sick pay, vacations, holidays,premium pay for Saturday and/or Sunday work, reliefperiods, jury duty or group life insurance, such betterterms or conditions shall be continued only for

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employees employed by the Employer on January 1,2012. Any employee who acquired a better term orcondition after January 1, 2012, shall continue toreceive same. The Arbitrator may relieve theobligations in the preceding sentences if enforcementwould work an undue hardship, injustice or inequityupon the Employer.

A change of schedules or duties except asprovided in paragraph 3 of this Article, so long asrequired relief and luncheon periods are reasonablyspaced, shall not violate this Section, provided theemployee, the Union and the RAB are given at leastthree (3) weeks advance written notice and suchchange is reasonable. However, every employeepresently working a regular Monday through Fridayworkweek (and if such employee leaves his/her job forany reason whatever the person who fills his/herposition) shall receive premium pay at time and one-half the regular straight-time hourly rate for any workperformed by him/her on a Saturday or Sunday.

3. All new employees may be offered andassigned to any cleaning duty in the building, providedthat it does not exceed a reasonable day’s work.Present office cleaning employees may be assigned toany cleaning duty on office floors provided (1) that theEmployer give the Union three (3) weeks writtennotice of any new assignments except for temporaryassignments, and (2) that the Employer shall not assign

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employees to workloads or work duties requiringunusual physical exertion, strength or dexterity. Thisprovision shall not be applied by the Employer tosubstantially increase present workloads or tosubstantially alter duties so as to require the employeeto perform more than a reasonable day’s work.

If the Union grieves and/or arbitrates a disputepursuant to this provision, the Employer in sucharbitration shall have the burden of showing that onlya reasonable day’s work as provided above is requiredof the employee.

ARTICLE IVManagement Rights

1. The Union recognizes management’s rights todirect and control its policies subject to the obligationsof this Agreement.

2. Employees will cooperate with managementwithin the obligations of this Agreement to facilitateefficient building operation.

3. If any employee is unjustly discharged, he/sheshall be reinstated to his/her former position withoutloss of seniority or rank and without salary reduction.The Joint Industry Grievance Committee or theArbitrator may determine whether, and to what extent,the employee shall be compensated by the Employerfor time lost.

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4. If an employee is removed from a location atthe good faith demand of a customer, the Employermay remove the employee from further employmentat that location, provided there is a good faith reasonto justify such removal, apart from the demand itself.Upon the Union's request, the Employer will advisethe Union of information it has relating to thecustomer's complaint and make reasonable efforts tosecure from the customer a written confirmation of thecustomer's request. Unless the Employer has cause todischarge the employee, the Employer will place theemployee in a similar job at another facility within thesame county covered by this Agreement (unless theUnion and the Employer shall agree to place theemployee in a similar job in a different county coveredby this Agreement), without loss of entitlementseniority or reduction in pay or benefits and payDisplacement Pay to such employee equivalent to theTermination Pay Schedule set forth in Article XXI,Sec. 21(a), but not less than two (2) weeks pay.

In the event an employee is transferred toanother building and is not filling a vacant position,the Employer shall seek volunteers on the basis ofseniority within the job title. If there are no volunteers,the junior employees shall be selected for transfer andreceive the same Displacement Pay and protectionafforded to the transferred employee. In the event anemployee is discharged pursuant to this section, theEmployer must raise the issue of transfer in suchdischarge arbitration.

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ARTICLE VReduction in Force

1. The Employer shall have the right to reduceits work force in the following circumstances, providedthat it can establish that the changes listed beloweliminate an amount of work similar to the proposedreduction in worker hours:

(a) A change in work specifications or work assignment which results in a reduction of work

(b) Elimination of all or part of specified work

(c) Vacancies in building

(d) Reconstruction of all or part of building

(e) The tenant performing the work itself

(f) Introduction of technological advances

(g) Change in the nature or type of occupancy

2. If the Employer desires to reduce its work force,it is required, in addition to their accrued vacation creditsand termination pay, if any, to give employees employedfor one (1) year or more one (1) week notice of layoff ordischarge, or in lieu thereof, an additional week pay. TheEmployer shall give four (4) weeks written notificationto the Union and the RAB. The Employer shall includein such notification the following:

(a) Reason for reduction, specifying whether thereduction is being made pursuant to one or more of thereasons set forth in this Article.

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(b) If reduction is office cleaning work,notification should include work schedules showinghours, cleaning area footage and frequency of cleaningexisting prior to the reduction and after the reduction.

(c) If other work, notification should include theprecise work to be eliminated, setting forth the hoursspent on each task to be eliminated and the change inschedules and duties of remaining employees resultingfrom the reduction in force.

(d) If the reduction is due to technologicaladvances, the notice shall describe the technologicaladvance, how it will reduce work, the number ofworker-hours of reduced work and the change inschedules and duties of remaining employees resultingfrom the reduction in force.

3. In the event that a reduction in the work forceis effected and the reason for the reduction in thework force ceases to exist, then the Employer shallreinstate the work force that existed prior to thereduction in force.

4. If the Union grieves or arbitrates a disputepursuant to this provision, the following shall apply:

(a) The arbitration shall be expedited and in noevent shall be scheduled and heard later than seven (7)calendar days after the Union’s request for arbitration.

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(b) The Employer shall affirmativelydemonstrate that it has eliminated an amount of worksimilar to the reduction in worker hours.

(c) The arbitrator shall issue his/her awardwithin seven (7) calendar days after the close of thehearing.

(d) There shall be no adjournments grantedwithout mutual consent.

5. (a) The Employer shall have the right to reducethe work force among employees working in its buildingpursuant to Article II of the Collective BargainingAgreement provided that it can establish that the changeslisted below eliminate an amount of work similar to theproposed reduction in worker hours:

(i) vacancies in building;

(ii) reconstruction of all or part of building;

(iii) the tenant performing the work itself.

The Employer shall give four (4) weeks writtennotification to the Union and the RAB of anyreduction in force. The notice should include thespecific reason for the reduction and the number ofworker hours being reduced.

Upon request of the Union, additionalinformation with respect to changes in workassignments occasioned by the reduction shall beprovided.

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In the event that the four weeks notice providedfor herein is not given and the Employer lays offemployees pursuant to this provision, the Employershall pay an amount equal to the laid-off employees’wages and fringe benefits (including, but not limitedto Pension, Health, Training, Legal and SupplementalRetirement and Savings Fund Contributions, Holidays,Vacation, Sick Pay and Premium Pay) for the periodbeginning with the layoff until four (4) weeks after theEmployer notifies the Union or the issuance of a finalarbitration award, whichever is sooner, but in no eventless than four (4) weeks, even if the layoff is upheldby the Arbitrator.

In the event that a reduction in work force isimplemented and the reason for the reduction ceasesto exist, the work force that existed prior to thereduction shall be restored.

(b) In the event that the Employer desires toimplement a reduction in work force amongemployees working in its building pursuant to ArticleII of this Agreement for any reason set forth in ArticleV, subsection 1, that is not provided for elsewhere, itmay do so provided that it can demonstrate to aspecial committee consisting of the President of theUnion, or his/her designee, and the President of theRAB, or his/her designee, that such reduction isjustified. In making its determination, the Committeeshall consider whether the requested reduction is

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accompanied by a corresponding reduction in work,existing productivity levels in the building and anyother factors which the Committee may deemrelevant. No reduction may be implemented withoutthe unanimous agreement of the Committee. Thedecision of the Committee shall be final and bindingand not reviewable under the arbitration provisions ofthis Agreement.

The Committee shall be convened upon thewritten request of the Employer. The written requestmust be made to the President of the Union and thePresident of the RAB by registered or certified mail(return receipt requested). The Committee must beconvened within sixty (60) days of the receipt of suchwritten request. In the event that the Committee is notconvened in the sixtieth (60th) day and the Employeris still requesting a reduction in force, it shall serveanother written notice on the Committee members byregistered or certified mail (return receipt requested)that it intends to implement the reduction within ten(10) days. If the Committee does not convene withinten (10) days after such notice (except foradjournments requested by the Employer) thereduction in force may be implemented in suchmanner as provided herein, whether the requestedreduction is accompanied by a correspondingreduction in work, existing productivity levels in thebuilding and any other factors which the Committeemay deem relevant. No reduction may be implemented

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without the unanimous agreement of the Committee.The decision of the Committee shall be final andbinding and not reviewable under the arbitrationprovisions of this Agreement.

This provision shall apply to all employeesemployed pursuant to Article II of this Agreementnotwithstanding any provisions of any other collectivebargaining agreement.

6. In the event that the four weeks noticeprovided for herein is not given and the Employer laysoff employees pursuant to this provision, the Employershall pay an amount equal to the laid-off employees’wages and fringe benefits (including, but not limitedto Pension, Health, Training, Legal and SupplementalRetirement and Savings Fund Contributions, Holidays,Vacation, Sick Pay and Premium Pay) for the periodbeginning with the layoff until four (4) weeks after theEmployer notifies the Union or the issuance of a finalarbitration award, whichever is sooner, but in no eventless than four (4) weeks, even if the layoff is upheldby the arbitrator. The fact that payment of employees’wages and fringe benefits are provided for herein shallin no way be construed as a limitation of theArbitrator’s power and authority under other provisionsof this Agreement.

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ARTICLE VIReason for Discharge

Any employee who is discharged shall befurnished a written statement of reason(s) for suchdischarge no later than five (5) working days after thedate of discharge.

In appropriate circumstances, the Employer maysupplement and/or amend its written statement of thereason(s) for discharge within a reasonable time. Suchamended statement shall be substituted for the initialstatement without prejudice to the Employer, includingin an arbitration.

ARTICLE VIIGrievance Procedure

There shall be a Joint Industry GrievanceCommittee and a grievance procedure:

1. To try to decide all issues not covered by, andnot inconsistent with, any provision of this Agreementand which are not required to be arbitrated under itsterms.

2. To try to decide without arbitration any issuesbetween the parties which under this agreement theymust submit to the Arbitrator.

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3. The grievance may first be taken up between therepresentative of management and a representative of theUnion. If it is not settled, it may be filed for arbitration.

4. All Union claims are brought by the Unionalone and no individual shall have the right tocompromise or settle any claim without the writtenpermission of the Union.

5. Any matter submitted to arbitration shall besimultaneously submitted to the Joint IndustryGrievance Committee.

6. The Committee shall be composed ofrepresentatives of the Union and the RAB, who maybe present at any meeting. If the Committee meetingis not held before the arbitration date, the meeting willbe cancelled. It shall be the function of the Committeeto seek and encourage settlement of all disputesbrought before it.

Except in extraordinary circumstances, the partieswill participate in a Joint Industry Grievance Committeemeeting before a grievance proceeds to arbitration andthe scheduling of a Joint Industry Grievance Committeemeeting shall not delay arbitration.

7. Any grievance, except as otherwise providedherein and except a grievance involving basic wageviolations and Pension, Health, Legal, Training, andSupplemental Retirement and Savings Fund

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contributions, shall be presented to the RAB in writingwithin one hundred twenty (120) days of itsoccurrence, except for grievances involvingsuspension without pay or discharge which shall bepresented within forty-five (45) days, unless theEmployer agrees to an extension. The Arbitrator shallhave the authority to extend the above time limitationsfor good cause shown.

8. Where a failure to compensate overtime workcan be unequivocally demonstrated through employerpayroll records, the Union may grieve the failure tocompensate overtime for the three (3) year period priorto the filing of the grievance.

ARTICLE VIIIArbitration

1. A Contract Arbitrator shall have the power todecide all differences arising between the parties as tointerpretation, application or performance of any partof this Agreement, and such other issues as areexpressly required to be arbitrated before him/her,including such issues as may be initiated by theTrustees of the Funds. Nothing in this Agreementshall preclude deferral where the National LaborRelations Act (“NLRA”) provides for deferral.

2. A hearing shall be initially scheduled withintwo (2) to fifteen (15) working days after either the

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Union or the RAB has served written notice upon theOffice of the Contract Arbitrator, with copy to the otherparty, of any issue to be submitted. The Arbitrator’soath-taking, and the period, and the requirements forservice of notice in the form prescribed by statute arehereby waived. Upon the joint request of all parties,the Arbitrator shall issue a “bench decision,” withwritten award to follow within the required time period.A written award shall be made by the Arbitrator withinthirty (30) days after the hearing closes. If an award isnot timely rendered, either the Union or the RAB maydemand in writing of him/her that the award must bemade within ten (10) more days. If no decision isrendered within that time, either the Union or the RABmay notify the Arbitrator of the termination of his/heroffice as to all issues submitted to him/her in thatproceeding. By mutual consent of the Union and theRAB, the time of both the hearing and decision may beextended in a particular case. If a party, after duewritten notice, defaults in appearing before theArbitrator, an award may be rendered upon thetestimony of the other party.

No more than one adjournment per party shallbe granted by the Arbitrator without consent of theopposing party.

There shall be an expedited arbitrationprocedure where the contract so provides which shallrequire the Arbitrator to hear and determine the matter

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within four (4) weeks after the demand for arbitrationis filed.

Due written notice means mailing, faxing orhand delivery to the address of the Employer furnishedto the Union by the RAB.

In the event that the Union appears at anarbitration without the grievant, the Arbitrator shallconduct the hearing, provided it is not adjourned. TheArbitrator shall decide the case based upon theevidence adduced at the hearing.

3. The procedure herein with respect to mattersover which a Contract Arbitrator has jurisdiction shallbe the sole and exclusive method for the determinationof all such issues, and the Arbitrator shall have thepower to award appropriate remedies, the award beingfinal and binding upon the parties and the employee(s)or Employer(s) involved. Nothing herein shall beconstrued to forbid either party from resorting to courtfor relief from, or to enforce rights under, any award.In any proceeding to confirm an award of theArbitrator, service may be made by registered orcertified mail, within or without the State of New York,as the case may be.

4. Should either party fail to abide by anarbitration award within two (2) weeks after suchaward is sent by registered or certified mail to the

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parties, either party may, in its sole and absolutediscretion, take any action necessary to secure suchaward including but not limited to suits at law. Shouldeither party bring such suit, it shall be entitled, if itsucceeds, to receive from the other party all expensesfor counsel fees and court costs.

5. Grievants attending grievances andarbitrations shall be paid for their regularly scheduledhours during such attendance.

6. If the Union requires an employee of thebuilding to be a witness at the hearing and theEmployer adjourns the hearing, the employee witnessshall be paid by the Employer for his/her regularlyscheduled hours during attendance at such hearing.This provision shall be limited to one employeewitness.

7. The RAB shall be deemed a party to anyproceeding under this Article.

8. The parties have agreed to an Office of theContract Arbitrator-Building Service Industry. TheUnion and the RAB have appointed the followingPanel of Arbitrators:

John AnnerStuart BauchnerNoel Berman

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Melissa BirenDean BurrellHoward C. EdelmanDeborah GainesGary KendellenMarilyn M. LevineRandi LowittRuth MoscovitchEarl PfefferDavid ReillyWilliam ReillyWilliam Schecter

Upon thirty (30) days written notice to eachother, either the Union or the RAB may terminate theservices of any Arbitrator on the panel. Successor oradditional Arbitrators shall be appointed by mutualagreement of the Union and the RAB. In the event ofthe removal, death or resignation of all of theArbitrators, the successors or temporary substituteshall be chosen by the Union and the RAB. If theparties are unable to agree on a successor, then theChairman of the New York State EmploymentRelations Board shall appoint a successor afterconsultation with the parties.

The cost of the Office of the Contract Arbitratorshall be shared in a manner determined by the Unionand the RAB.

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ARTICLE IXNo Strikes or Lockouts

1. There shall be no work stoppage, strike,lockout or picketing except as provided in Sections 2,3, and 4 of this Article. If this provision is violated,the matter may be submitted immediately to theArbitrator.

In the event of an alleged violation of thisArticle, the RAB or the Union may, by hand deliveryor by facsimile, request an immediate arbitration. TheOffice of the Contract Arbitrator shall schedule ahearing on the alleged violation within 24 hours afterreceipt of said notice. The Arbitrator shall issue anaward determining whether or not said alleged strikeor lockout is in violation of the collective bargainingagreement and award appropriate remedy. This is aprocedural provision intended only to bring thearbitration on more quickly.

2. If a judgment or Arbitrator’s award against theEmployer for Health, Pension, Training, Legal andSupplemental Retirement and Savings Fund paymentor wages or an award or judgment against a contractorfor these or other payments is not complied withwithin three (3) weeks after such award is sent byregistered or certified mail to the Employer orcontractor at its last known address, the Union mayorder a stoppage of work, strike or picketing in the

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building involved to enforce the award or judgment,and it may also thereby compel payment of lost wagesto any employee engaged in such activity. Uponcompliance with the award and/or judgment andpayment of lost wages, such activity shall cease.

3. Except as otherwise provided in this Article,should either party fail to abide by an arbitration awardwithin three (3) weeks after such award is sent byregistered or certified mail to the parties, either partymay, in its sole and absolute discretion, bring an actionat law to enforce such award. Should either partycommence such suit, it shall be entitled, if it succeeds,to receive from the other party all reasonable expensesfor counsel fees and court costs. Should either partyfail to abide by an arbitration award and fail tocommence an action in court to vacate such awardwithin three (3) weeks after such award is served asprovided above, the aggrieved party shall have theright to strike and compel payment of lost wages toany employee engaged in strike activity or lockoutwithout affecting the other terms and conditions of theAgreement.

4. The Union may order a work stoppage, strikeor picketing in a building where the Employer hasviolated Article II, provided that seventy-two (72)hours written notice is given either by hand deliveryor by facsimile to the Employer and the RAB of theUnion’s intention to do so.

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5. The Union shall not be held liable for anyviolation of this Article where it appears that it has takenall reasonable steps to avoid and end the violation.

6. Labor Peace Committee - In the interest oflabor peace, and in recognition of the relationshipbetween the New York City Real Estate Industry andthe Union, the Union President, or his/her designee,and the RAB President, or his/her designee, and suchother persons as they may mutually designate(including representatives of any interested employers)shall convene on a quarterly basis, or at the request ofeither President, to discuss any labor disputes, ofwhich they are aware, with Employers. Both partiesshall use their best efforts to notify the other party ofsuch disputes in advance in order to provide anadequate opportunity to seek to resolve such disputes.

ARTICLE XMulti-Employer Bargaining

1. Employers on the Master List submitted bythe RAB to the Union at the commencement of thenegotiations shall be bound by the terms of thisAgreement. All buildings listed by the RAB must payscale wages and other terms and conditions ofemployment in accordance with the RAB Agreementprior to the expiration of this Agreement except thatin Nassau and Suffolk Counties wage rates and benefitfund contributions shall be negotiated separately.

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2. If there is a bona fide sale or other transfer oftitle of any member building, or a change of controlthrough a lease, or in the case of non-corporateownership, if any person or persons completely divestthemselves of ownership or control by anyarrangement, the successors in ownership or controlmay, unless they have otherwise indicated theirintention not to be bound by this agreement, join theRAB and adopt the contract within forty-five (45) daysafter such acquisition, provided:

(a) The building is not already bound by anotheragreement.

(b) Written notice is given to the Union withinfive (5) days after joining the RAB. Notice shall begiven by hand delivery or postmarked not later thanthe fifth business day.

(c) If the building was covered by an agreement,(1) during such period there is no layoff or change inwages, hours, terms or conditions of employmenttherein; (2) the new owner or transferee recognizesemployee seniority and vacation status; (3) allobligations to employees, and those pursuant to theHealth, Pension, Training, Legal and/or SupplementalRetirement and Savings Funds, are fully paid up to thetransfer date; and (4) provision is made to payretroactively any wage underpayments resulting fromthe building’s improper classification under Article

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XVI. Any adoption by the Employer shall be deemedto be effective on the date of sale.

(d) A building being converted to cooperative orcondominium ownership shall be treated as a newlyacquired building upon the effective date of thedeclaration of the cooperative or condominium plan ortransfer of title, or upon the transfer of shares to thefirst cooperative owners or the sale of firstcondominium unit, whichever is later.

(e) Any Employer signatory to an agreementwith the Union other than this Agreement shall remainbound to the terms of that Agreement until itsexpiration date. If such Employer joins the RAB, itmay adopt the RAB contract and be fully covered bythe terms of the RAB Agreement after expiration ofits other agreement and before execution of a newcontract provided:

(1) Notice in writing is given to the Union ofsuch adoption prior to the expiration of the othercontract,

(2) Such Employer is not in default under theother contract, and

(3) The RAB approves such membership.

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3. With respect to newly organized, newlyconstructed buildings, or remodeled buildings that aretenant occupied, the Employer shall have forty-five(45) days to file a commitment to this Agreement afterthe Union serves a representation notice on theEmployer with a showing of majority status of theexisting employees, with a copy to the RAB.

Where the time limits provided for in this Articleare not complied with, this Agreement shall not beapplicable to such building unless the Union agrees tosame in writing.

4. This Article notwithstanding, the Union mayrefuse to accept any building:

(a) until it represents a majority of the buildingservice employees;

(b) where contributions for Pension, Health,Training, Legal and/or Supplemental Retirement andSavings Funds are in default for three (3) months ormore from the date payment was due;

(c) where an award of the Arbitrator has not beencomplied with;

(d) the Union may not refuse to accept abuilding where during the term of this or the precedingCollective Bargaining Agreement, the Employer has

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taken a building whose employees are represented bythe Union and in which building it has instituted areduction in force or changed existing conditions ofemployment, provided that the Employer has done soin a manner consistent with the terms of thisAgreement. This provision shall not be construed asrelieving the Employer from any other obligationsunder this Agreement. The right of refusal shall notbe exercised in order to require the building to becomea party to any other agreement. Before so refusing anybuilding or taking any further action, the Union shallnotify the RAB in writing.

5. In the event that the Union enters into acontract, or contracts, or enters into renewals ormodifications of a contract, or contracts with anyEmployer(s) covering commercial buildings whichcontain new or revised economic terms or otherconditions which are effective on or after January 1,2016, which economic terms or conditions are morefavorable to such Employer(s) than the termscontained in this Agreement, the RAB and all itsmember buildings shall be entitled to and may havethe full benefit of any and all of such more favorableterms, upon notification to the Union. This provisionmay be waived in writing for good cause shown by thePresident of the RAB or his/her designee and thePresident of the Union or his/her designee.

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Upon request of the President of the RAB, theUnion shall provide copies of any agreements outsideof Brooklyn, Manhattan, Staten Island or Queens thatare more favorable to the Employer than the terms ofthis Agreement.

In buildings where wage rates under the categoryof “others” prior to January 1, 2016, were lower thanthose provided for in the 2012 Commercial BuildingAgreement, wage increases agreed to by the Union andthe Employers covering said buildings on or afterJanuary 1, 2016, shall not be construed as “morefavorable” within the meaning of this Article unless thepercentage increase in wages of the “others” categoryis lower than that provided for in this Agreement. Thisprovision shall not apply to:

(a) Newly organized buildings during theirfirst contract period;

(b) Buildings in bankruptcy;

(c) Buildings in receivership;

(d) Employees who are solely and exclusivelysecurity guards;

(e) One-person buildings;

(f) Hardship buildings granted relief inaccordance with the terms of thisAgreement; and

(g) Buildings located outside Manhattan,Brooklyn, Queens, and Staten Island.

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The Union shall furnish the RAB a list ofpresent agreements which are more favorable to theEmployer than this Agreement.

Any Employer claiming financial hardship inoperating a building may request a hearing before aSpecial Committee consisting of the President of theUnion or his/her designee and the President of the RABor his/her designee. At such hearing, the Employershall present proof of financial hardship, including,without limitation, financial statements. TheCommittee may grant or deny in whole or in part relieffrom the provisions of this contract. This provisionshall not be subject to grievance and arbitration.

ARTICLE XIHealth, Pension, Training, Legal and

Supplemental Retirement and Savings Funds

A. HEALTH FUND

1. The Employer shall make contributions to ahealth trust fund, known as the “Building Service 32BJHealth Fund,” to cover employees covered by thisagreement who work more than two (2) days per week,with such health benefits as may be determined by theTrustees of the Fund. The Employer may, unlessrejected by the Trustees, upon execution of aparticipation agreement in the form acceptable to theTrustees, cover such other of its employees as it may

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elect, provided such coverage is in compliance withlaw and the Trust Agreement.

Employees who are on workers’ compensationor who are receiving statutory short term disabilitybenefits, Building Service 32BJ long term disabilitybenefits, or a Building Service 32BJ disabilitypension, shall be covered by the Health Fund withoutemployer contributions until they may be covered byMedicare or thirty (30) months from the date ofdisability, whichever is earlier.

In no event shall any employee who waspreviously covered for health benefits lose suchcoverage as a result of a change or elimination of theHealth Fund provision extending coverage fordisability. In the event the provision extendingcoverage for disability is discontinued for any reason,the Employer shall be obligated to make contributionsfor the duration of the period that would haveotherwise been available.

2. Effective January 1, 2016, the rate ofcontribution to the Health Fund shall be $16,448.24per year for each covered employee, payable when andhow the Trustees determine.

3. Effective January 1, 2017, the rate ofcontribution to the Fund shall be $17,446.64 per yearfor each covered employee.

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6. The parties agree that if there is governmentalhealth care reform mandating payment, in full or part,by a contributing Employer for some or all of thebenefits already provided for in the Health Fund toparticipants, the parties shall meet to discuss whatameliorative steps, if any, might be appropriate tominimize any adverse impact on the Funds, itsparticipants and Employers.

The parties agree that if the recently passedhealthcare reform legislation or any futuregovernmental healthcare reform requires (i) anypayment by contributing Employers for some or all ofthe benefits already provided for in the Health Fundto participants or (ii) requires any contributingEmployers to pay any excise or other tax, penalty(including assessable payments), fee or other amountrelating to or resulting from the eligibilityrequirements of or the level of benefits provided bythe Fund, the parties shall recommend that the Trusteesrevise the plan of benefits under the Fund so that suchexcise or other tax, penalty (including assessable

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payments), fee or other amount are not payable. In theevent the Trustees do not revise the plan of benefitsunder the Fund so that such excise or other tax, penalty(including assessable payments), fee or other amountare not payable, the affected Employers' contributionsto the Fund, or contributions to the other Benefit Fundsshall be reduced by the amount of such excise or othertax, penalty (including assessable payments), fee orother amount. With respect to any futuregovernmental healthcare reform that requires anypayments described in (i) and/or (ii) in this paragraph,the bargaining parties will bargain over what torecommend to the Trustees consistent with the goalsof maintaining quality benefits and containing costs.

7. Except as qualified by Article III, Section 2,of this Agreement with respect to group life insurance,any Employer who becomes party to this Agreementand who has a plan in effect immediately prior thereto,which provides health benefits, the equivalent or betterthan, the benefits provided for herein, and the cost ofwhich to the Employer is at least as great, may uponagreement of the Union and RAB, cover its employeesunder its existing plan in lieu of this Fund.

If any future applicable legislation is enacted,there shall be no duplication or cumulation of coverageand the parties will negotiate such changes as may berequired by law.

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8. Health Fund Study Committee

The RAB and the Union reaffirm their strongcommitment to continue the work of the Health FundStudy Committee to evaluate the Building Service32BJ Health Fund benefits and operations, with thegoal being to recommend to the Trustees ways for theHealth Fund to continuously save money on medical,administrative and other costs associated with theHealth Fund while maintaining high quality of care forHealth Fund participants. The bargaining parties havealready accepted the previous recommendations of theHealth Fund Study Committee to save the Health Fundat least $70 million per year in costs commencing nolater than January 1, 2012 and recommended to theHealth Fund Trustees, who acted upon therecommendations, to take all legal action necessary sothat (i) such recommended savings measures areimplemented by the Health Fund; (ii) the Health Fundreserves do not fall below an amount equivalent to noless than six (6) full months of benefit costs andoperating expenses; (iii) such measures shall notthereafter be modified absent unanimous agreementof the Trustees; and (iv) such measures are made withthe intent of being permanent and within the purposesof the aforementioned cost savings. The provisions ofsubsections (ii) through (iv) of the prior sentence shallcontinue to apply to any new recommended savingsmeasures that are implemented by the Health Fundpursuant to this Section. The Health Fund Study

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Committee shall meet regularly, and on an ongoingbasis, to continue to monitor and review Health Fundexpenditures and trends, to evaluate and consider bestpractices and developments in cost-effective methodsof providing quality benefits for the purposes ofcontinuing to ensure that substantial savings are beingrealized and to recommend any and all appropriatemeasures to modify or modulate cost-trends, and tomake recommendations to the collective bargainingparties and/or Fund Trustees regarding potentialactions including, without limitation, for furthersavings. The Health Fund Study Committee shall becomprised of the President of the RAB and thePresident of the Union, or their designees, and theRAB and Union shall be represented in equalnumbers.

9. If during the term of this Agreement, theTrustees find the payment provided herein isinsufficient to maintain benefits and adequate reservesfor such benefits, they shall require the parties toincrease the amounts needed to maintain such benefitsand reserves. In the event the Trustees are unable toreach agreement on the amount required to maintainbenefits and reserves, the matter shall be referred toarbitration pursuant to the deadlock provisions of theFund’s Agreement and Declaration of Trust. Thepreceding maintenance of benefits provision shall besuspended for the life of this Agreement.

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B. PENSION FUND

1. The Employer shall make contributions to apension trust fund known as the “Building Service 32BJPension Fund” to cover bargaining unit employees whoare regularly employed twenty (20) or more hours perweek, including paid time off. The Employer shall alsomake contributions on behalf of other bargaining unitemployees to the extent that such employees work asufficient number of hours to require benefit accrualpursuant to Section 204 of ERISA.

Employees unable to work and who are onstatutory short term disability benefits or workers’compensation shall continue to accrue pension creditswithout employer contributions during the periods ofdisability up to six (6) months or the period of thedisability, whichever is earlier.

2. Effective January 1, 2016, the rate ofcontribution to the Fund shall be $102.75 per week foreach covered employee, payable when and how theTrustees determine.

Effective January 1, 2017, the rate ofcontribution to the Fund shall be $106.75 per week foreach covered employee.


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The bargaining parties agree that the foregoingcontribution requirements for the Pension Fund areconsistent with the contribution rate schedulesrequired by the Pension Fund's rehabilitation planunder Section 432 of the Internal Revenue Code.

3. Any Employer who becomes party to thisAgreement and who immediately prior thereto has apension plan in effect which provides benefitsequivalent to or better than the benefits providedherein, may, upon agreement of the Union and RAB,cover its employees under its existing plan in lieu ofthis Fund and be relieved of the obligation to makecontributions to the Fund for the period of such othercoverage.

4. If the Employer has an existing plan asreferred to above, it shall not discontinue or reducebenefits without prior Union consent and the existingplan shall remain obligated to the employee(s) forwhatever benefits they may be entitled.

5. In no event shall the Trustees or any of them,the Union or the RAB, directly or indirectly, by reasonof this Agreement, be understood to consent to theextinguishment, change or diminution of any legal

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rights, vested or otherwise, that anyone may have inthe continuation in existing form of any suchEmployer pension plan, and the Trustees or any ofthem, the Union and the RAB shall be held harmlessby an Employer against any action brought by anyonecovered under such Employer’s plan asserting a claimbased upon anything done pursuant to Section 4.Notice of the pendency of any such action shall begiven to the Employer who may defend the action onbehalf of the indemnitee.

6. The parties agree that if there are newgovernmental regulations issued that implement theexcise tax provisions of the Pension Protection Act(PPA), or there is further governmental reform relatingto the funding of pension funds, the parties shall meetto discuss what steps, if any, might be appropriate toameliorate any adverse impact on the Funds, itsparticipants and employers.

To the extent that any employer covered by thisAgreement, with respect to employees covered by thisAgreement, becomes subject to an automatic employersurcharge or any excise tax, penalty, fee, increasedcontribution rate or other amount relating to thefunding of the Pension Fund (but not includinginterest, liquidated damages, or other amounts owedas a consequence of failing to make timely remittanceof contributions to the Pension Fund) under Sections412 or 432 of the Internal Revenue Code, then the

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parties agree that the required contributions to theHealth Fund, Training Fund and/or Legal ServicesFund for each employer covered under this Agreementshall be reduced dollar for dollar by the aggregateamount of any additional contribution and/orsurcharge amounts, excise taxes, penalties, fees orother amounts that such employer is required to pay,as provided in this subsection. Unless a differentallocation among the Funds is agreed upon in advanceof any applicable due date for such contributions bythe Presidents of the RAB and Local 32BJ, suchamount shall be allocated solely from the Health Fund.

C. TRAINING, SCHOLARSHIP AND SAFETYFUND

The Employer shall make contributions to atraining and scholarship trust fund known as the“Thomas Shortman Training, Scholarship and SafetyFund” to cover employees covered by this Agreementwho work more than two (2) days per week, with suchbenefits as may be determined by the Trustees.

Effective January 1, 2016, the rate ofcontributions to the Thomas Shortman Fund shall be$169.60 per year for each covered employee, payablewhen and how the Trustees determine.

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D. GROUP PREPAID LEGAL FUND

The Employer shall make contributions to aprepaid legal services trust fund known as the“Building Service 32BJ Legal Services Fund” to coveremployees covered by this Agreement who work morethan two (2) days per week with such benefits as maybe determined by the Trustees.

Effective January 1, 2016, the rate ofcontribution to the Legal Fund shall be $199.60 peryear for each covered employee, payable when andhow the Trustees determine.

E. SUPPLEMENTAL RETIREMENT ANDSAVINGS FUND (SRSF)

The Employer shall make contributions to a trustfund known as the “Building Service 32BJSupplemental Retirement and Savings Fund” to coverbargaining unit employees who are regularly employedtwenty (20) or more hours per week, including paidtime off, with employer contributions as hereinafterprovided and tax exempt employee wage deferrals asprovided by the Plan and/or Plan rules. Employercontributions for other bargaining unit employees shallalso be required for each week in which they worktwenty (20) or more hours, including paid time off.

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Effective January 1, 2016, the Employer shallcontribute $13.00 per week per covered employee intothe SRSF, payable when and how the Trusteesdetermine.

F. PROVISIONS APPLICABLE TO ALLFUNDS

1. If the Employer fails to make required reportsor payments to the Funds, the Trustees may in theirsole and absolute discretion take any action necessary,including but not limited to immediate arbitration andsuits at law, to enforce such reports and payments,together with interest and liquidated damages asprovided in the Funds’ Trust Agreements, and any andall expenses of collection, including but not limited tocounsel fees, arbitration costs and fees and court costs.

Any Employer regularly or consistentlydelinquent in Health, Pension, Legal, Training orSupplemental Retirement and Savings Fund paymentsmay be required, at the option of the Trustees of theFunds, to provide the appropriate Trust Fund withsecurity guaranteeing prompt payment of suchpayments.

2. By agreeing to make the required paymentsinto the Funds, the Employer hereby adopts and shallbe bound by the Agreement and Declaration of Trustas it may be amended and the rules and regulations

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adopted or hereafter adopted by the Trustees of eachFund in connection with the provision andadministration of benefits and the collection ofcontributions. The Trustees of the Funds shall makesuch amendments to the Trust Agreements, and shalladopt such regulations as may be required to conformto applicable law, and which shall in any case providethat employees whose work comes within thejurisdiction of the Union (which shall not beconsidered to include anyone in an importantmanagerial position) may only be covered for benefitsif the building in which they are employed has acollective bargaining agreement with the Union. Anydispute about the Union’s jurisdiction shall be settledby the President of the Union and the RAB’s President.

3. There shall be no Employer contributions tothe Funds on behalf of employees during their firstninety (90) days of employment, except as provided inArticle XXI, Section 10(b) below, with respect to theBuilding Service Pension and SupplementalRetirement Savings Funds.

4. The parties agree that the Presidents of theRAB and Local 32BJ may determine, in theirdiscretion and upon mutual consent, prior to thebeginning of any contract year to allocate any portionof the scheduled contributions in any of the Funds toany other Funds.

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ARTICLE XIIDisability Benefits Law and Unemployment

Insurance

1. The Employer shall cover its employees sothat they shall receive maximum weekly cash benefitsprovided under the New York State Disability BenefitsLaw on a non-contributory basis, and also under theNew York State Unemployment Insurance Law,whether or not such coverages are mandatory.

2. Failure to so cover employees makes theEmployer liable to an employee for all loss of benefitsand insurance.

3. The Employer will cooperate with employeesin processing their claims and shall supply allnecessary forms, properly addressed, and shall postadequate notice of places for filing claims.

4. If the employee informs the Employer he/sheis requesting workers’ compensation benefits, then nosick leave shall be paid to such employee unless he/shespecifically requests in writing payment of such leave.If an employee informs the Employer he/she isrequesting disability benefits, then only five days sickleave shall be paid to such employee (if he/she has thatamount unused) unless he/she specifically requests inwriting payment of additional available sick leave.

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5. Any employee required to attend his/herWorkers’ Compensation hearing shall be paid forhis/her regularly scheduled hours during suchattendance.

6. Any cost incurred by the Union to enforce theprovisions of this Article shall be borne by theEmployer.

7. The Parties agree to establish a committeeunder the auspices of the Building Service 32BJHealth Fund to investigate and report on the feasibilityof self-insuring disability and unemployment benefits.

ARTICLE XIIISickness Benefits

1. Any regular employee with at least one (1)year of service (as defined in Section 4 below) in thebuilding or with the same Employer, shall receive in acalendar year from the Employer ten (10) paid sickdays for bona fide illness.

Any employee entitled to sickness benefits shallbe allowed five (5) single days of paid sick leave peryear taken in single days. The remaining five (5) daysof paid sick leave may be paid either for illnesses ofmore than one (1) day’s duration or may be counted asunused sick leave days.

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The employee shall receive the above sick paywhether or not such illness is covered by the New YorkState Disability Benefits Law or the New York StateWorkers’ Compensation Act; however, there shall beno pyramiding or duplication of Disability Benefitsand/or Workers’ Compensation.

2. An employee absent from duty due to illnessonly on a scheduled workday immediately beforeand/or only on the scheduled workday immediatelyafter a holiday shall not be eligible for sick pay for saidabsent workday or workdays.

3. Employees who have continued employmentto the end of the calendar year and have not used allsickness benefits shall be paid in the succeedingJanuary, one full day’s pay for each unused sick day.

Any employee who has a perfect attendancerecord for the calendar year shall receive an attendancebonus of $125.00 in addition to payment of the unusedsick days.

For the purpose of this provision, perfectattendance shall mean that the employee has not usedany sick days; except that any sick day or unpaid leavethat qualifies under the Family and Medical Leave Actshall not be considered in determining perfectattendance.

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If an Employer fails to pay an employee beforethe end of February, then such Employer shall pay oneadditional day’s pay unless the Employer challengesthe entitlement or amount due.

4. For the purpose of this Article, one (1) year’semployment shall be reached on the anniversary dateof employment. Employees who complete one (1)year of service after January 1 shall receive a pro ratashare of sickness benefits for the balance of thecalendar year.

A “regular” employee shall be defined as onewho is a full- or part-time employee employed on aregular schedule. Those employed less than forty (40)hours a week on a regular basis shall receive a pro rataportion of sickness benefits provided herein computedon a forty (40) hour workweek.

5. All payments set forth in this Article arevoluntarily assumed by the Employer, in considerationof concessions made by the Union with respect tovarious other provisions of this agreement, and anysuch payment shall be deemed to be a voluntarycontribution or aid within the meaning of anyapplicable statutory provisions.

6. The parties agree that on an annual basis thepaid leave benefits provided regular employees underthis Agreement are comparable to or better than those

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provided under the New York City Earned Sick TimeAct, N.Y.C. Admin. Code § 20-911 et seq. Therefore,the provisions of that Act are hereby waived.

ARTICLE XIVBuilding Acquisition by Public Authority

Where a building is acquired by a publicauthority of any nature through condemnation,purchase or otherwise, the last owner shall guaranteethe payment of termination pay and of accruedvacations due to the employees up to the date oftransfer of title. The Union will, however, seek to havesuch authority assume the obligations for payments.If unsuccessful and the last owner becomes liable forsuch payments, the amounts thereof shall be liens uponany condemnation award or on any amount receivedby such last owner.

ARTICLE XVSale or Transfer of Building

In the event an Employer intends to terminate itsemployer-employee relationship under thisAgreement, then the Employer shall give the Unionand the RAB reasonable written notice prior to theeffective date thereof, and upon the request of theUnion the Employer shall meet with the Union tonegotiate the impact of such termination upon theemployees involved. The obligation to negotiate shall

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be subject to arbitration but failure to agree on theimpact shall not be subject to arbitration.

In the event of a change of Employers in abuilding, the RAB shall use its best efforts to have thesucceeding Employer join the RAB and become boundby the terms of this Agreement.

In the event an Employer terminates anemployee or employees because of a change inownership, operation or control of a building orbuildings, and such employee(s) are not offeredemployment or are not employed by the succeedingEmployer in the building or buildings at the thenexisting wages, hours and working conditions, theterminated employee(s) shall receive severance pay inthe amount of six (6) months’ pay, in addition to anyother accrued payments due under this Agreement.

Nothing herein contained shall be deemed tolimit or diminish in any way the Union’s right toenforce this agreement against any transferee pursuantto applicable law concerning rules of successorship orotherwise; nor limit or diminish in any way the Union’sor any employee’s right to institute proceedingspursuant to the provisions of State or Federal laborrelations laws, or any statutes, rules or regulationswhich may be applicable.

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ARTICLE XVIBuilding Classifications

1. Buildings are classified as A, B, or Cbuildings according to the following definitions:

(a) Class A building—Gross area of more than280,000 square feet.

(b) Class B building—Gross area of more than120,000 and not over 280,000 square feet.

(c) Class C building—Gross area of less than120,000 square feet.

2. Gross area of a LOFT building is the sumtotal of areas existing on the various floors of a loftbuilding, including the basement space, but excludingthat portion of the penthouse used for the machineryand appurtenances of the building and that portion ofthe basement used for the public utilities and generaloperation of the property.

Gross area of an entire floor shall be computedby measuring from the inside plaster surfaces of allexterior walls of space encompassed in a tenant’spremises, including columns, corridors, toilets, slopsinks, elevator shafts, etc., except that space reservedfor the fire tower court.

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3. Gross area of an OFFICE building is the sumtotal of areas existing on the various floors of thebuilding, including the basement space, but excludingthat portion of the penthouse used for the machineryand appurtenances of the building and that portion ofthe basement used for the public utilities and generaloperation of the property.

Gross area of an entire floor shall be computedby measuring from the inside plaster surface of allexterior walls of space used by the tenant on the floor,including columns and corridors, but excludingtoilets, porters closets, slop sinks, elevator shafts,stairs, fire towers, vents, pipe shafts, meter closets,flues and stacks, and any vertical shafts and theirenclosing walls. No deductions shall be made forcolumns, pilasters, or projections necessary to thebuilding.

ARTICLE XVIIWages and Hours

1. (a) Effective January 1, 2016, each employeecovered hereunder shall receive a wage increase of$0.70 for each regular straight time hour worked.

(b) Effective January 1, 2017, each employeecovered hereunder shall receive a wage increase of$0.60 for each regular straight time hour worked.

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(c) Effective January 1, 2018, each employeecovered hereunder shall receive a wage increase of$0.60 for each regular straight time hour worked.

(d) Effective January 1, 2019, each employeecovered hereunder shall receive a wage increase of$0.775 for each regular straight time hour worked.

(e) Additionally, the minimum hourly ratedifferential for handypersons, forepersons and starters,which shall include all employees doing similar orcomparable work by whatever title known, shall beincreased by $0.05 effective on each of the dates setforth in sub-paragraphs (a) through (d).

Minimum wage rates shall be increasedaccordingly to reflect the above increases in eachcategory of work.

Effective January 1, 2017, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York-MetropolitanArea (New York-New Jersey) Urban Wage Earners andClerical Workers] from November 2015 to November2016 exceeds 6.5%, then, in that event, an increase of$.10 per hour for each full l% increase in the cost ofliving in excess of 6.5% shall be granted effective forthe first full work week commencing after January 1,2017. In no event shall said increase pursuant to thisprovision exceed $.20 per hour. In computing

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increases in the cost of living above 6.5% less than .5% shall be ignored and increases of .5% or more shallbe considered a full point. Any increases hereundershall be added to the minimum.

Effective January l, 2018, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York-MetropolitanArea (New York-New Jersey) Urban Wage Earners andClerical Workers] from November 2016 to November2017 exceeds 6%, then, in that event, an increase of$.10 per hour for each full 1% increase in the cost ofliving in excess of 6% shall be granted effective forthe first full work week commencing after January 1,2018. In no event shall said increase pursuant to thisprovision exceed $.20 per hour. In computingincreases in the cost of living above 6%, less than .5%shall be ignored and increases of .5% or more shall beconsidered a full point. Any increases hereunder shallbe added to the minimum.

Effective January l, 2019, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York-MetropolitanArea (New York-New Jersey) Urban Wage Earners andClerical Workers] from November 2017 to November2018 exceeds 6%, then, in that event, an increase of$.10 per hour for each full 1% increase in the cost ofliving in excess of 6% shall be granted effective forthe first full work week commencing after January 1,

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2019. In no event shall said increase pursuant to thisprovision exceed $.20 per hour. In computingincreases in the cost of living above 6%, less than .5%shall be ignored and increases of .5% or more shall beconsidered a full point. Any increases hereunder shallbe added to the minimum.

2. (a) The standard workweek shall consist offive (5) consecutive days Monday through Sunday andshall not exceed eight (8) hours in any one day.

Overtime at the rate of time and one-half the regularstraight-time hourly rate shall be paid for all hours workedin excess of eight (8) hours per day or forty (40) hours perweek, whichever is greater. A paid holiday shall beconsidered as a day worked for the purpose of computingovertime pay. There shall be no split shifts.

(b) Employees on the payroll on or beforeJanuary 1, 1978, shall not have their scheduled hoursreduced. Employees on the payroll on or beforeJanuary 1, 1978 shall not have their scheduled hoursincreased by more than one (1) hour a day withoutwritten consent of the Union. Where feasible theadditional hour shall be applied to the first part of thework schedule. The Employer shall give the Unionthree (3) weeks written notice of any change ofscheduled hours except in case of temporary changes.This provision shall not prevent the Employer fromworking employees overtime.

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Employees employed after January 1, 1978,shall work such hours as may be assigned by theEmployer provided they are not less than five (5) hoursa day and five (5) consecutive days a week except forguards as defined in this agreement.

(c) The weekly working hours for elevatoroperators and starters shall include two twenty (20)minute relief periods each day, but shall excludeluncheon recess of not less than forty-five (45)minutes or more than one (1) hour each day.

Employees, other than those referred to in theparagraph above, the majority of whose hours fallbetween 7 P.M. and 6 A.M., shall receive a fifteen(15) minute relief/lunch period. At the option of theEmployer, the employees who work seven (7) hoursor more per day shall, in addition to their regularpay for scheduled hours, receive either additionalstraight-time pay for one-half (1/2) hour or berelieved one-half (1/2) hour earlier. For thoseemployees working six (6) hours per day, they shallreceive an additional twenty-five (25) minutesstraight-time pay or be relieved twenty-five (25)minutes earlier. For those employees working five(5) hours per day, they shall receive an additionalfifteen (15) minutes straight-time pay or be relievedfifteen (15) minutes earlier. This change shall in noway affect the overtime provisions of the contract,nor affect the Employer’s right to reschedule hoursto provide necessary continuity of coverage.

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(d) Where through absenteeism there areinsufficient employees to service the building theEmployer may (1) request employees to work additionaltime over and above their work schedule on a voluntarybasis or (2) employ additional or extra employees toperform the work. Additional time over and above thenormal work schedules shall not be mandatory unlessthe Employer cannot satisfactorily fill the workrequirements on a voluntary basis. In such event, workover and above the regular work schedule shall beassigned in reverse order of seniority.

This paragraph (d) shall not apply to employeesin newly constructed buildings.

(e) Every employee shall be entitled to two (2)consecutive days off in any seven (7) days, and anywork performed on such days shall be consideredovertime and paid for at the rate of time and one-half.

(f) No employee shall have his/her workinghours reduced in order to effect a correspondingreduction in pay. This provision shall not apply torelief employees.

3. The Employers in the industry shall meet andconfer with the Union to attempt to rescheduleemployees’ quitting time to enable groups of nightworkers, when practicable, to leave work during timesso that they can arrive home safely. Upon failure to

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agree, the matter may be referred to RAB and theUnion collective bargaining committees for furtherdiscussion.

4. Saturday and Sunday are premium days for allemployees (excluding guards hired on or after January1, 1978) and work performed on such days shall bepaid for at the rate of time and one-half the regularstraight-time hourly rate of pay.

In determining whether an employee’s work shiftis to be considered as falling on Saturday or Sunday,for the purpose of premium pay, it is understood thatthe meaning of Saturday or Sunday work shall be thesame as now applies or, where there is no suchpractice, shall be based upon the holiday premium paypractice.

The parties agree that where an Employer’snormal business includes weekend operations, therationale for weekend premium pay may not be present.Upon the RAB’s request, the Union will considerwhether operations at particular locations warrant relieffrom the weekend premium pay obligation, and if theUnion agrees that the circumstances warrant the relief,the Union and the RAB may agree that weekendpremium pay will not be required.

In newly constructed buildings, employees whoseregular shifts include work on Saturday and Sunday shall

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not receive weekend premium pay for work on thosedays. This shall not affect eligibility for other premiumpay for which the employees might otherwise qualify,including not but limited to overtime pay.

5. Any employee called in to work by theEmployer for any time not consecutive with his/herregular schedule shall be paid for at least four (4) hoursof overtime.

6. Employees required to work overtime shall bepaid at least one hour at the overtime rate, except foremployees working overtime due to absenteeism orlateness.

7. Any employee who has worked eight (8) hoursa day and is required to work at least four (4) hours ofovertime in that day shall be given a $15.00 mealallowance.

8. Any employee classified as “other” whosubstitutes for an absent “foreperson” for more thanfour (4) hours shall receive the “foreperson” wage ratefor the entire shift.

Any employee who spends one full week ormore performing work in a higher paying categoryshall receive the higher rate of pay for such service.

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9. No overtime shall be given for disciplinarypurposes. An Employer shall not require an employeeto work an excessive amount of overtime.

10. The Employer agrees to use its best effortsto provide a minimum of sixteen hours off betweenshifts for its employees.

11. Each regularly assigned EAP Coordinator,Fire Safety Director and Assistant and/or Deputy FireSafety Director, appointed by the Employer andcertified by the Fire Department, shall be paid onelump-sum bonus of $500.00 per year on December 1of each calendar year. This shall not include a reliefperson or temporary replacement.

The Employer shall have the right to designatethe EAP Coordinator, Fire Safety Director andAssistant and/or Deputy Fire Safety Director.

ARTICLE XVIIISuperintendents

A. COVERAGE

This Article shall apply only to CommercialBuilding Superintendents who were previouslycovered by a collective bargaining agreement betweenLocal 164, Service Employees International Union,and their Employer(s).

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B. WAGES AND HOURS

Effective January 1, 2016, Superintendentscovered by the Agreement shall receive a $32.00weekly wage increase.




Minimum wage rates shall be increasedaccordingly to reflect the above increases.

Cost of living increases, if any, granted toemployees under Article XVII of this Agreement shallbe granted to the Superintendents in the same amountsand on the same effective date.

The Superintendent shall be entitled to two (2)days off in each workweek, one of which shall beSunday, and any work performed on either of thesedays shall be paid for at the rate of time and one-halfthe regular straight-time rate for all hours worked.

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Saturday shall continue to be a premium day andany work performed on this day shall be paid for at therate of time and one-half the regular straight-timehourly rate of pay.

C. WORKING CONDITIONS

1. Any replacement Superintendent shall receivethe contract wage, except where it includes extra payattributable to years of service, special competence orspecial consideration beyond job requirements.

2. The Superintendent shall not be required to:

(a) renew cables on elevators or build block orhollow tile walls,

(b) run elevators except during relief period,lunch period, and emergencies and except that in anybuilding employing three or less employees during thedaytime, exclusive of the Superintendent, theSuperintendent in such buildings shall do all the dutieswhich he/she has heretofore been accustomed to do,

(c) do any porter work except in a buildingemploying three employees or less during the daytime,exclusive of the Superintendent, in which case he/sheshould continue to do work he/she has heretoforeperformed,

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(d) perform work on a scaffold that is notdirectly over a roof, setback, or within the building,

(e) perform work on the inside of any fuel oil,pressure or hermetically sealed tank,

(f) build cutting tables, machine stands or dressracks, or

(g) do any work that conflicts with State, Federalor Municipal laws.

3. The Superintendent shall not be penalized ordiscriminated against for attending arbitrations,hearings or meetings, but this privilege shall not beconstrued so as to interfere with the orderly operationof the building.

4. There may be added to the duties of theSuperintendent more or less miscellaneous and reliefwork for which his/her additional compensationdistinguishes him/her from other classes of workers onthe premises, subject to the grievance and arbitrationprocedures provided herein.

5. The Arbitrator may consider exceptional casesin which the Union claims that excessive work or theutilization of unique skills or painting is required ofthe Superintendent and may relieve the Superintendentof, or require additional compensation for, suchexcessive work.

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6. No Superintendent leaving his/her position ofhis/her own accord shall be entitled to accruedvacation allowance unless he/she has given theEmployer at least thirty (30) days written terminationnotice.

7. The Union may question the propriety of thetermination of the Superintendent’s services anddemand his/her reinstatement to his/her job orseverance pay, if any, as the case may be, by filing agrievance under Article VII of this Agreement. TheArbitrator shall give due consideration to theSuperintendent’s management responsibilities and tothe need for cooperation between the Superintendentand the Employer.

8. No provision of this Agreement shall be soconstrued as to reduce the wages or lower the rate ofpay of the Superintendent or to lower or worsen theterms or conditions of his/her employment. Thisprovision shall not be construed as to in any wayprevent the exercise by the Employer of his/her normalmanagement prerogatives to make changes inequipment, schedules, shifts, number of employeesand duties necessary and incident to the operation,maintenance and servicing of the building notinconsistent with the letter or the spirit of any otherspecific provision of this Agreement.

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9. Wherever a conflict may exist between the2012 Commercial Building Agreement and terms ofthis article, the terms of this article shall prevail.

ARTICLE XIXJoint Industry Advancement Project

The Union and the RAB recognize that theyhave a common interest in pursuing efforts that willpromote development and growth in the real estateindustry, as growth and development (1) create afavorable business environment for real estate industryemployers and provide enhanced job opportunities; (2)strengthen communities and New York City’seconomy; and (3) provide a path for a viable future forNew York City. The Union and the RAB agree toestablish this Joint Industry Advancement Project tofurther their common interest, upon the followingterms:

1. The Project will be directed by ten (10)directors, five (5) appointed by the Union and five (5)appointed by the RAB. The board of directors shallhave two (2) co-chairs, one appointed by the Unionand one appointed by the RAB. The Directors may bereplaced at will by the respective appointing parties.

2. The Board of Directors of the Project shallmeet at least quarterly, or more frequently if the co-chairs so direct. No action may be taken by the Project

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except upon unanimous consent. Voting shall be byblocks, the five Union-appointed Directors collectivelyshall cast one vote, and the five (5) RAB-appointedDirectors collectively shall cast one vote.

3. The Project may hire employees and contractfor services, including accounting and legal services,provided that no financial, contractual or otherobligation may be incurred by the Project except upona vote of the Directors, as provided in paragraph 2.

4. The Union and the RAB may contribute fundsand/or provide assistance to the Project upon suchterms as are agreed to jointly by the RAB and theUnion.

5. The actions which the Project may undertakeshall include, without limitation, education, research,advertising, and/or publicity for the purpose ofenhancing development and growth of the real estateindustry.

6. Either in discussions among Directors of theProject, or otherwise, the Union and the RAB committo disclosing in good faith their respective views andpositions on issues of importance to the real estateindustry or the Union.

7. The Union and the RAB agree that they shallrefrain, insofar as practicable and except as warranted

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by a change of circumstances, from taking positions onissues contrary to the positions taken by the Project.

8. This Project may be terminated by either theRAB or the Union on thirty (30) days notice to theother party. Any assets or liabilities of the Project atthe time of termination shall be allocated equally tothe RAB and the Union.

ARTICLE XXTerms of Agreement and Renewals

This Agreement shall be effective January 1,2016 and shall continue in full force and effect up toand including December 31, 2019.

With respect to Guards, this Agreement shall beextended to April 30, 2020, but, except whereotherwise indicated, all economic terms negotiatedbetween the RAB and the Union in the successoragreement to this contract shall be retroactive toJanuary 1, 2020, if the contract shall so provide, orwhatever date provided in the contract for all otheremployees.

With respect to superintendents formerlycovered under the Local 164/RAB Agreement, thisagreement shall continue until January 31, 2020.

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Upon the expiration date of this Agreement, thesame shall continue in full force and effect for anextended period until a successor agreement has beenexecuted. During the extended period, all terms andconditions shall be in effect and the parties shallnegotiate for a successor agreement retroactive to theexpiration date. All provisions and improvements insuch successor agreements shall be retroactive unlesssuch agreements shall otherwise provide.

In the event the parties are unable to agree uponthe terms of a successor Agreement, either party uponthree (3) days written notice to the other party maycancel this agreement. Such cancellation shall notapply to Article XV, for a period of six (6) months afterthe expiration date of the contract.

Sixty (60) days before said expiration date, theparties shall enter into direct negotiations lookingtowards a renewal agreement.

If fifteen (15) days before this Agreementexpires the parties shall not have been able to agreeupon the terms of a new agreement, both parties willthereupon confer with the New York StateEmployment Relations Board for the purpose ofconciliating their differences.

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ARTICLE XXIGeneral Clauses

1. Differentials

Existing wage differentials among classes ofworkers within a building shall be maintained. It isrecognized that wage differentials other than thoserequired herein may exist or arise because of wagesabove the minima required by this Agreement. Nochange in such differentials shall be considered aviolation of this Agreement unless it appears that itresults from an attempt to break down the wagestructure for the building.

Where an employee possesses considerablemechanical or technical skill and devotes more than75% of his/her working time in the building to workinvolving such skill, the wage rate shall be determinedby mutual agreement between the Employer and theUnion. Such employee shall receive a wage of not lessthan ten ($10) dollars per week above the contractminimum rate for a handyperson.

If the Employer and the Union cannot agreeupon the rate of pay of such an employee, or in caseswhere an obvious inequity exists by reason of anemployee’s regular application of specialized abilitiesin his/her work, the amount or correctness of thedifferential may be determined by grievance and/orarbitration.

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Notwithstanding the above, it is understood thatlicensed engineers covered under this Agreement shallconstitute a separate bargaining unit and receive thesame wages and benefits as paid to engineers underthe Realty Advisory Board (RAB) Agreementcovering licensed engineers in New York City exceptthat Pension, Health, Legal and Training Fundcontributions shall continue to be paid under the termsof this Agreement.

2. Pyramiding

There shall be no pyramiding of overtime pay,sick pay, holiday pay or any other premium pay. Ifmore than one of the aforesaid are applicable,compensation shall be computed on the basis givingthe greatest amount.

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3. Holidays

The following are the recognized contractholidays:

CONTRACTHOLIDAY 2016 2017 2018 2019

New Year Jan. 1 Jan. 2 Jan. 1 Jan. 1 Friday Monday Monday Tues.

Presidents Day Feb. 15 Feb. 20 Feb. 19 Feb. 18 Monday Monday Monday Monday

Good Friday Mar. 25 April 14 Mar. 30 Apr. 19 Friday Friday Friday Friday

Memorial Day May 30 May 29 May 28 May 27 Monday Monday Monday Monday

Independence Day July 4 July 4 July 4 July 4 Monday Tuesday Wed. Thurs.

Labor Day Sept. 5 Sept. 4 Sept. 3 Sept. 2 Monday Monday Monday Monday

Columbus Day Oct. 10 Oct. 9 Oct. 8 Oct. 14 Monday Monday Monday Monday

Thanksgiving Day Nov. 24 Nov. 23 Nov. 22 Nov. 28 Thurs. Thurs. Thurs. Thurs.

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HOLIDAY 2016 2017 2018 2019

Day after Thanksgiving Nov. 25 Nov. 24 Nov. 23 Nov. 29 Friday Friday Friday Friday

Christmas Day Dec. 26 Dec. 25 Dec. 25 Dec. 25 Monday Monday Tuesday Wed.

ELECTIVEHOLIDAYS: 2016 2017 2018 2019

Martin LutherKing Day Jan. 18 Jan. 16 Jan. 15 Jan. 21 Monday Monday Monday Monday

Eid al-Fitr July 7 June 26 June 15 June 5 Thurs. Monday Friday Wed.

Yom Kippur Oct. 12 Sept. 30 Sept. 19 Oct. 9 Wed. Sat. Wed. Wed.

September 11 Sept. 11 Sept. 11 Sept. 11 Sept. 11 Sunday Monday Tues. Wed.

Veterans Day Nov. 11 Nov. 11 Nov. 11 Nov. 11 Friday Sat. Sunday Monday

There shall be one additional holiday in each contractyear, which shall be Martin Luther King Day, Eid al-Fitr,Yom Kippur, September 11 (Day of Remembrance), orVeterans Day, or a personal day at the option of theemployee. The personal day shall be scheduled inaccordance with paragraphs (3) and (4) below.

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In buildings where the major occupants areoperating on Good Friday and/or the day afterThanksgiving, Lincoln’s Birthday and/or Veterans Daymay be substituted for such days provided notice isgiven to the Union and the RAB on or before March 1of each year.

The Employer shall post a holiday schedule onthe bulletin board and it shall remain postedthroughout the year.

Presidents Day, Good Friday, Columbus Dayand the day after Thanksgiving may be treated aspersonal days rather than fixed holidays under thefollowing conditions:

(1) Prior to February 1 each year, each buildingmay designate one or more such days as a personal dayupon written notice to the Union and the employees.Failure to so designate shall be deemed agreement toleave such days as fixed holidays.

(2) Each building designating such days aspersonal days may upon thirty (30) days written noticeto the Union and the employees, change suchdesignation and make the day a fixed holiday.Employees who have received a personal day for suchholiday shall be employed on such holiday at time andone-half.

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(3) Employees entitled to personal days mayselect such day or days off on five (5) days notice tothe Employer provided such selection does not resultin a reduction of employees in the building below 75%of the normal work staff. Such selection shall be madein accordance with seniority.

(4) Employees entitled to personal days who donot use such day or days in a calendar year must usesuch day or days off during the first six months of thefollowing year provided, however, that the Employerinforms in writing both the employee and the Unionby January 31 of such succeeding year that such daysare available and will be lost if not used prior to July1 of that year.

Employees shall receive their regular straight-time hourly rates for the normal eight (8) hour workingday not worked, and if required to work on a holiday,shall receive in addition to the pay above mentioned,premium pay at the rate of time and one-half theirregular straight-time hourly rate of pay for each hourworked, with a minimum of four (4) hours premiumpay. Any employee who is required to work on aholiday beyond eight (8) hours shall continue toreceive the compensation above provided for holidaywork, namely pay at the regular straight-time rate pluspremium pay at time and one-half the regular straight-time rate. Any regular full-time employee ill in anypayroll week in which a holiday falls is entitled to

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holiday pay or corresponding time off (meaning oneday) if he/she worked at least one day during the saidpayroll week.

Any regular full-time employee whose regularday off, or one of whose regular days off falls on aholiday, shall receive an additional day’s pay therefore,or, at the option of the Employer, an extra workday offwithin ten (10) days immediately preceding orsucceeding the holiday. If the employee receives theextra day off before the holiday and his/heremployment is terminated for any reason whatever,he/she shall not be required to compensate theEmployer for that day.

4. Voting Time

Any employee who is required to work onElection Day and gives legal notice shall be allowedtwo (2) hours off, such hours to be designated by theEmployer, while the polls are open.

5. Personal Day

All employees shall receive a personal day ineach contract year. This personal day is in addition tothe holidays listed in paragraph 3 above. The personalday shall be scheduled in accordance with thefollowing provision:

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Employees may select such day off on five (5)days notice to the Employer provided such selectiondoes not result in a reduction of employees in thebuilding below 75% of the normal work staff. Suchselection shall be made in accordance with seniority.

6. Schedules

Overtime and premium work shall be evenlydistributed so far as is compatible with the efficientoperation of the building, except where Saturday orSunday is a regular part of the workweek. Preferencefor premium work shall be given to the regular full-time employees of the building.

7. Relief Employees

Relief or part-time employees shall be paid thesame hourly rate as full-time employees in the sameoccupational classification.

8. Method of Payment of Wages

All wages, including overtime, shall be paidweekly in cash or by check, with an itemized statementof payroll deductions.

If a regular payday falls on a holiday, employeesshall be paid on the day before.

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Employees paid by check who work duringregular banking hours shall be given reasonable timeto cash their checks exclusive of their break and lunchperiod. The Employer shall make suitablearrangements at a convenient bank for such checkcashing.

In the event an Employer’s check to an employeefor wages is returned due to insufficient funds on abona fide basis twice within a year’s period, theEmployer shall be required to pay all employees bycash or certified check.

The Employer may require, at no cost to theemployee, that an employee’s check be electronicallydeposited at the employee’s designated bank or apaycheck card may be utilized. The Union shall benotified by the Employer of this arrangement.

The Union recognizes that certain employeesand Employers desire to utilize a bi-weekly payrollschedule. Employers recognize that bi-weekly paymay create hardships for certain employees. Theparties have previously agreed to create an industry-wide committee to study the bi-weekly pay issue. Theindustry-wide committee is now authorized to conductpilot programs instituting bi-weekly pay at anyselected site(s) where the Union and the Employeragree to institute bi-weekly pay.

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9. Seniority and Layoff

For purposes of layoff and recall, all employeescovered by this Agreement shall be placed on buildingseniority lists based upon their date of employment inthe building and department or job classification.

In the event of layoff due to reduction of force,the inverse order of departmental or job classificationseniority shall be followed, except as provided inTermination Pay, General Clause 21, with dueconsideration for efficiency and special needs of adepartment.

In the event that an employee is assigned toanother job classification and there is a reduction inforce in that department or job classification, theemployee shall have the right to exercise his/her totalbuilding seniority to return to his/her formerdepartment or job classification.

Nothing contained in this section shall beconstrued in such a manner as to permit an employeeto bump a less senior employee working for anotherEmployer in the same building.

For all other purposes, seniority of an employeeshall be based upon total length of service with theEmployer or in the building, whichever is greater. Theseniority date for all positions under the agreement

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shall be the date the employee commenced working inthe building for the agent and/or owner regardless ofwhether there is a collective bargaining agreement andregardless of the type of work performed by theemployee.

10. Replacement, Promotions, Vacancies, TrialPeriods, and Newly Hired Employees

(a) In filling vacancies or newly createdpositions in the bargaining unit, preference shall begiven to those employees already employed in thebuilding, based upon the employee’s seniority, buttraining, ability and appearance, where required, shallalso be considered.

All vacancies and newly created positions shallbe subject to a posting in the respective building for aperiod of seven (7) calendar days so that bargainingunit employees can express an interest in filling theposition. In buildings where the Employer employsfifteen (15) or more employees, if the filling of theinitially posted vacancy or newly created positioncauses another vacancy, that vacancy shall be subjectto a posting in the respective building. Any subsequentvacancy caused by the filling of a posted position shallnot be required to be posted before being filled.

Nothing contained in this section shall beconstrued in such a manner as to entitle an employee

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to fill a vacancy or newly created position with anotherEmployer in the same building.

Anyone employed as a vacation replacement,extra or contingent with substantial regularity for aperiod of four (4) months or more shall receivepreference for steady employment. If a presentemployee cannot fill the job vacancy, the Employermust fill the vacancy in accordance with the otherterms of this collective bargaining agreement.

In the event that a new classification is createdin a building, the Employer shall negotiate with theUnion a wage rate for that classification.

There shall be a trial period for all newly hiredemployees for sixty (60) calendar days.

(b) Effective February 4, 1996, a New Hireemployed in the guard or “other” category shall bepaid a starting rate of eighty percent (80%) of theminimum regular hourly wage rate, andnotwithstanding Article XVII, Section 1, the rates forthe thirty month new hire period shall reflect annualincreases of 80% of the annual increase.

Upon completion of thirty (30) months ofemployment, the new hire shall be paid the fullminimum wage rate. For purposes of this provision,thirty (30) months of employment shall include each

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month (counting portions of a month in excess offifteen (15) days as a full month but excludingemployment as a vacation relief unless such vacationrelief work immediately precedes permanent hire asnoted in Section 13(b) below) that a New Hire workedin the New York City Building Industry (“Industry”)during the twenty-four (24) months immediatelypreceding the date of hire by the current employer.

A New Hire hired on or after January 1, 2012shall be paid seventy-five percent (75%) of theapplicable minimum regular hourly wage rate for thefirst twenty-one (21) months of employment. Suchemployees shall be paid eighty-five percent (85%) ofthe applicable minimum regular hourly wage rate forthe twenty-second (22nd) through forty-second (42nd)months of employment. Upon completion of forty-two (42) months of employment, such employees shallbe paid the full minimum wage rate. For purposes ofthis provision, twenty-one (21) months of employmentand forty-two (42) months of employment shallinclude each month (counting portions of a month inexcess of fifteen (15) days as a full month butexcluding employment as a vacation relief unless suchvacation relief work immediately precedes permanenthire as noted in Section 13(b) below) that a New Hireworked in the Industry during the twenty-four (24)months immediately preceding the date of hire by thecurrent employer.

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Any employee who was employed in theIndustry as of February 3, 1996 shall be considered an“Experienced Employee.” An Experienced Employeeshall receive the full minimum rate of pay from thedate of hire.

There shall be no Employer contributions to theBuilding Service Pension Fund on behalf of any NewHire employed in the category of “Guard” or “Other”during the first year of employment. Employercontributions for employees described above shall berequired commencing on the first day of the monthfollowing the employee’s completion of twelve (12)calendar months of employment with the Employer,less the number of calendar months (counting portionsof a month in excess of fifteen (15) days as a fullmonth) worked in the Industry during the precedingtwo (2) years (excluding employment as a vacationrelief unless such vacation relief work immediatelyprecedes permanent hire as noted in Section 13(b)below).

There shall be no Employer contributions to theSupplemental Retirement and Savings Fund on behalfof any New Hire employed in the category of “Guard”or “Other” during the first two (2) years ofemployment. Employer contributions for employeesdescribed above shall be required commencing on thefirst day of the month following the employee’scompletion of twenty-four (24) calendar months of

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employment with the Employer, less the number ofcalendar months (counting portions of a month inexcess of fifteen (15) days as a full month) worked inthe Industry during the preceding two (2) years(excluding employment as a vacation relief unless suchvacation relief work immediately precedes permanenthire as noted in Section 13(b) below).

Contributions to the Building Service PensionFund and Supplemental Retirement and Savings Fundshall commence after three (3) months of employmentfor employees hired in job categories other than“Guard” and “Other” and Experienced Employees(those employed in the Industry as of February 3,1996).

No experienced employee may be terminatedor denied employment for the purpose ofdiscrimination on the basis of his/her compensationand/or benefits. The Union may grieve suchdiscrimination in accordance with the grievance andarbitration provisions of the Agreement (Article VIIand Article VIII).

If the arbitrator determines an experiencedemployee has been terminated or denied employmentbecause of such discrimination, the arbitrator shall:

(1) In case of termination—reinstate theexperienced employee with full back pay and all

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benefits retroactive to date of experienced employee’sdischarge.

(2) In case of failure to hire—if the arbitratordetermines that an experienced employee was notgiven preference for employment absent good cause,he/she shall direct the employer to hire the experiencedemployee with full back pay and benefits retroactiveto date of denial of hire.

11. Recall

Any employee who has been employed for one(1) year or more in the same building and who is laidoff, shall have the right of recall, provided that theperiod of layoff of such employee does not exceed six(6) months. Recall rights apply to all vacant,permanent positions and temporary positions if it isexpected that the temporary position will last for aperiod of at least sixty (60) days. Recall shall be inthe reverse order of laid-off employees’ departmentalseniority. The Employer shall notify the last qualifiedlaid-off employee of any job vacancy by certified mail,return receipt requested, at his/her last known address,of any job vacancy. A copy of this notice shall be sentto the Union. The employee shall then be given seven(7) days from the date of mailing of the letter in whichto express in person or by registered or certified mailhis/her desire to accept the available job. In the eventany employee does not accept recall, successive notice

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shall be sent to qualified employees until the list ofqualified employees is exhausted. Uponreemployment, full seniority status, less period oflayoff, shall be credited to the employee. Anyemployee who received termination pay and issubsequently rehired shall retain said termination payand for purpose of future termination pay shall receivethe difference between what he/she has received andwhat he/she is entitled to if terminated at a future date.Any vacation monies paid shall be credited to theEmployer against the current vacation entitlement.Further, in the event an Employer or agent has a jobvacancy in a building where there are no qualifiedemployees on layoff status, the Employer or agent shalluse its best efforts to fill the job vacancy fromqualified employees of the Employer or agent who areon layoff status from other buildings.

12. Leave of Absence and Pregnancy Leave

(a) Once during the term of this Agreement,upon written application to the Employer and theUnion, a regular employee who works five (5) days perweek and at least five (5) hours per day and has beenemployed in the building for five (5) years or moreshall be granted a leave of absence for illness or injurynot to exceed six (6) months.

The leave of absence outlined above is subjectto an extension not exceeding six (6) months in the

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case of bona fide inability to work whether or notcovered by the New York State Workers’Compensation Law or New York State DisabilityBenefits Law. When such employee is physically andmentally able to resume work, that employee shall onone (1) week prior written notice to the Employer bethen re-employed with no seniority loss.

In cases involving on-the-job injuries,employees who are on medical leave for more than oneyear may be entitled to return to their jobs if there isgood cause shown.

(b) Once during the term of this Agreement,upon written application to the Employer and theUnion, a regular employee who works five (5) daysper week and at least five (5) hours per day and hasbeen employed in the building for two (2) years butless than five (5) years shall be granted a leave ofabsence for illness or injury not to exceed onehundred twenty (120) days. When such employee isphysically and mentally able to resume work, thatemployee shall on one (1) week prior written noticeto the Employer be then re-employed with noseniority loss.

(c) Any employee on leave due to workers’compensation or disability shall continue to be coveredfor health benefits without the necessity of paymentby the Employer in accordance with Article XIParagraph A, Sub-paragraph 1.

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(d) In cases of pregnancy, it shall be treated asany other disability suffered by an employee inaccordance with applicable law.

(e) In buildings where there are more than three (3)employees, an employee shall be entitled to a four-weekleave of absence without pay for paternity/maternityleave. The leave must be taken immediately following thebirth or adoption of the child.

(f) Once every five (5) years upon six (6) weekswritten application to the Employer, a regularemployee who works five (5) days per week and atleast five (5) hours per day and has been employed atthe building for five (5) years or more shall be granteda leave of absence for personal reasons not to exceedfour (4) months. Upon returning to work, theemployee shall be re-employed with no loss ofseniority.

Any employee requesting a personal leave ofabsence shall be covered for health benefits during theperiod of the leave provided the employee requestshealth coverage while on leave of absence and pays theEmployer in advance for the cost of same.

Any time limitation with regard to the six (6)weeks written application shall be waived in caseswhere an emergency leave of absence is required.

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(g) Any Employer who is required by law tocomply with the provisions of the Family and MedicalLeave Act (FMLA) shall comply with therequirements of said act. All leaves of absence underparagraphs (a), (b), (d) and (e) of this Section will runconcurrently with applicable FMLA leave and/orapplicable State or City law leave requirements.

(h) The RAB will encourage its members tocooperate in granting leaves of absence for Union business.

13. Vacations and Vacation Relief Employees

(a) Every employee with substantial continuityin any building or by the same Employer shall receiveeach year a vacation with pay, as follows:

Employees who have worked: 6 Months................................ 3 working days 1 Year................................................. 2 weeks 5 Years................................................3 weeks 15 Years..............................................4 weeks 21 Years................................ 21 working days 22 Years................................ 22 working days 23 Years................................ 23 working days 24 Years................................ 24 working days 25 Years..............................................5 weeks

Length of employment for vacation shall bebased upon the amount of vacation an employee wouldbe entitled to on September 15th of the year in which

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the vacation is given, subject to grievance andarbitration where the result is unreasonable.

Regularly employed part-time employees shallreceive proportionate vacation allowances based on theaverage number of hours per week they are employed.

Firemen who have worked substantially one (1)firing season in the same building or for the sameEmployer, when laid off, shall be paid at least three (3)days’ wages in lieu of vacation.

Firemen who have been employed more thanone (1) full firing season in the same building or bythe same Employer shall be considered full-timeemployees in computing vacation.

Regular days off and contract holidays fallingduring the vacation period shall not be counted. If acontract holiday falls during the employee’s vacationperiod, he/she shall receive an additional day’s paytherefore, or, at the Employer’s option, an extra day offwithin ten (10) days immediately preceding orsucceeding his/her vacation.

Vacation wages shall be paid prior to thevacation period unless otherwise requested by theemployee, who is entitled to actual vacation and whocannot instead be required to accept money.

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Any Employer who fails to pay vacation pay inaccordance with this provision where the vacation hasbeen regularly scheduled shall pay an additional two(2) days pay for each vacation week due at that time.

When compatible with the proper operation ofthe building, choice of vacation periods shall beaccording to building seniority and confined to theperiod beginning April 1st and ending September 15thof each year. These dates may be changed and thethird vacation week may be taken at a separate time bymutual agreement of the Employer and employee.

The fourth and fifth week of vacation may, at theEmployer’s option, be scheduled, upon two (2) weeksnotice to the employee, for a week or two weeks otherthan the period when he/she takes the rest of his/hervacation.

Any employee leaving his/her job for anyreason, shall be entitled to a vacation accrualallowance computed on his/her length of service asprovided in the vacation schedule based on the elapsedperiod from the previous September 16th (or from thedate of his/her employment if later employed) to thedate of his/her leaving. Any employee who hasreceived a vacation during the previous vacationperiod (April 1st through September 15th) and wholeaves his/her job during the next vacation periodunder circumstances which entitle him/her to vacation

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accrual rights, shall be entitled to full vacation accrualallowances instead of on the basis of the elapsed periodfrom the previous September 16th. Any employeewho has received no vacation and has worked at leastsix (6) months before leaving his/her job shall beentitled to vacation allowance equal to the vacationallowance provided above.

No employee leaving a position voluntarily shallbe entitled to accrued vacation unless he/she gives five(5) working days termination notice.

Any Employer assuming this Agreement shallbe responsible for payment of vacation pay andgranting of vacations required under this Agreementwhich may have accrued prior to the Employer takingover the building less any amounts paid or given forthat vacation year. In the event that the Employerterminates its Employer-employee relationship underthis agreement and the successor Employer does nothave an agreement with the Union providing for atleast the same vacation benefits, the Employer shallbe responsible for all accrued vacation benefits.

(b) A person hired solely for the purpose ofrelieving employees for vacation shall be paid 60% ofthe minimum applicable regular hourly wage rate.Should a vacation relief employee continue to beemployed beyond five (5) months, such employee shallbe paid the wage rate of a new hire or experienced

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person as the case may be. If a vacation replacementis hired for a permanent position immediately afterworking as a vacation replacement, such employeeshall be credited with time worked as a vacationreplacement toward completion of the thirty (30) orforty-two (42) month period, whichever applies,required to achieve the full rate of pay under the “NewHires” provision.

In the event that the arbitrator finds that anEmployer is using this rate as a subterfuge, sucharbitrator may, among other remedies, award full payfrom the date of employment at the applicable hiringrate.

No contribution to any Benefit Funds shall bemade for a vacation relief person. Vacation reliefpersons are not eligible for 32BJ Benefit Fundcoverage.

14. Day of Rest

Each employee shall receive at least one (1) fullday of rest in every seven (7) days.

15. Uniforms and Other Apparel

Uniforms and work clothes where they havebeen required by the Employer or where necessary forthe job shall be supplied and maintained by the

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Employer. All uniforms shall be appropriate for theseason.

It is understood that where the Employer doesnot require uniforms, the employees shall be free towear suitable clothing of their choice. Employeesdoing outside work shall be furnished adequatewearing apparel for the purpose.

In buildings of 500,000 square feet or more, theEmployer shall be required to furnish uniforms andwork clothes.

16. First Aid Kit

An adequate and complete first aid kit shall besupplied and maintained by the Employer in a placereadily available to all employees.

17. Fire and Flood Call

Employees on fire and/or flood call shall bereimbursed for all loss of personal effects incurred inthe line of duty.

18. Eye Glasses and Union Insignia

Employees may wear eye glasses and the Unioninsignia while on duty.

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19. Bulletin Board

A bulletin board shall be furnished by theEmployer exclusively for Union announcements andnotices of meetings.

20. Sanitary Arrangements

Adequate sanitary arrangements shall bemaintained in every building, and individual lockerand key thereto and rest room key where rest room isprovided, and soap, towels and washing facilities, shallbe furnished by the Employer for all employees. Therest room and locker room shall be for use ofemployees servicing and maintaining the building.

21. Termination Pay

(a) In case of termination of employmentbecause of the employee’s physical or mental inabilityto perform his/her duties, or from reduction in forceoccurring for reasons other than conversion ofelevators to automatic operations, he/she shall receive,in addition to accrued vacation, termination payaccording to years of service in the building or withthe same owner, whichever is greater, as follows:

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Employees with Pay: 5 but less than 10 years......................1 week wages10 but less than 12 years.................. 2 weeks wages12 but less than 15 years.................. 3 weeks wages15 but less than 17 years.................. 6 weeks wages17 but less than 20 years.................. 7 weeks wages20 but less than 25 years.................. 8 weeks wages25 or more...................................... 10 weeks wages

An employee physically or mentally unable toperform his/her duties may resign and receive the abovetermination pay if he/she submits written certificationfrom a physician of such inability at the time oftermination. In such event, the Employer may requirethe employee to submit to a medical examination by aphysician designated by the Employer at the expenseof the Employer to determine if in fact the employee isphysically or mentally unable to perform his/her duties.If the Employer’s designated physician disagrees withthe physician’s certification submitted by the employee,the employee shall be examined by a physiciandesignated by the Medical Director of the BuildingService Local 32BJ Health Fund to make a final andbinding determination whether the employee isphysically or mentally unable to perform his/her duties.

(b) In case of termination of employmentbecause of conversion of elevators to automaticoperation, the employee shall receive, in addition toaccrued vacation, termination pay according to years

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of service in the building or with the same Employer,whichever is greater, as follows:

Employees with Pay: 5 but less than 10 years.................... 2 weeks wages 10 but less than 12 years.................. 4 weeks wages 12 but less than 15 years.................. 5 weeks wages 15 but less than 17 years.................. 7 weeks wages 17 but less than 20 years.................. 8 weeks wages 20 but less than 22 years.................. 9 weeks wages 22 but less than 25 years................ 10 weeks wages 25 or more...................................... 11 weeks wages

(c) The right to accept termination pay andresign where there has been a reduction in force shallbe determined by seniority, i.e., termination pay shallbe offered to the most senior employee, then to thenext most senior employee, and so on until accepted.If no employee accepts the offer, the least senioremployee or employees shall be terminated and shallreceive any applicable termination pay.

(d) “Week’s pay” in the above paragraphs meansthe regular straight-time weekly pay at the time oftermination. If the Employer offers part-timeemployment to the employee entitled to termination payfor the period of his/her full-time employment, and ifhe/she accepts such part-time employment, he/she shallbe considered a new employee for seniority purposes.Where an employee was placed on a part-time basis orsuffered a pay reduction because of a change in his/her

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work category prior to February 1, 1966, and did notreceive termination pay based upon his/her former pay,“week’s pay” shall be determined by agreement, orthrough grievance and arbitration.

(e) Any employee accepting termination paywho is rehired in the same building or with the sameEmployer shall be considered a new employee for allpurposes except as provided in the Recall clause.

For the purposes of this section, sale or transferof a building shall not be considered a termination ofemployment so long as the employee or employees arehired by the purchaser or transferee, in which case theyshall retain their building seniority for all purposes.

22. Tools, Permits, Fines and Legal Assistance

All tools, of which the Superintendent shall keepan accurate inventory, shall be supplied by theEmployer. The Employer shall continue to maintainand replace any special tools or tools damaged duringordinary performance of work but shall not beobligated to replace “regular” tools if lost or stolen.

The Employer shall bear the expense of securingor renewing permits, licenses or certificates forspecific equipment located on the Employer’spremises, and will pay fines and employees’ applicablewages for required time spent for the violation of any

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codes, ordinances, administrative regulations orstatutes, except any resulting from the employees’gross negligence or willful disobedience.

The Employer shall supply legal assistancewhere required to employees who are served withsummons regarding building violations.

23. Military Service

All statutes and valid regulations aboutreinstatement and employment of veterans shall beobserved.

The Employers and the Union will cooperate ineffort to achieve the objectives of this provision. Theyshall also consider the institution of plans to providetraining of employees to improve their skills and toenter into employment in the industry.

24. No Discrimination

(A) There shall be no discrimination against anypresent or future employee by reason of race, creed,color, age, disability, national origin, sex, unionmembership, sexual orientation, or any characteristicprotected by law, including, but not limited to, claimsmade pursuant to Title VII of the Civil Rights Act, theAmericans with Disabilities Act, the AgeDiscrimination in Employment Act, the New York State

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Human Rights Law, the New York City Human RightsCode, 42 U.S.C. § 1981, the Family and Medical LeaveAct, or any other similar laws, rules or regulations. Allsuch claims shall be subject to the grievance andarbitration procedure (Articles VII and VIII) as the soleand exclusive remedy for violations. Arbitrators shallapply appropriate law in rendering decisions basedupon claims of discrimination.

(B) No-Discrimination Protocol

(1) Protocol1

The parties to this Agreement, the Union andRAB, believe that it is in the best interests of allinvolved – employees, members of the Union,employers, the Union, the RAB and the public interest– to promptly, fairly, and efficiently resolve claims ofworkplace discrimination, harassment and retaliationas covered in the No Discrimination Clause of therelevant collective bargaining agreement (collectively,“Covered Claims”). Such Covered Claims are veryoften intertwined with other contractual disputes underthis Agreement. The RAB, on behalf of its members,maintains that it is committed to refrain from unlawfuldiscrimination, harassment and retaliation. The Union

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1The parties intend this provision to apply to all collective bargainingagreements between them superseding the Protocol language firstincorporated in the 2012 Commercial Building CBA and subsequentlyupdated CBAs.


maintains it will pursue its policy of evaluating suchCovered Claims and bringing those Covered Claims toarbitration where appropriate. To this end, the partiesestablish the following system of mediation andarbitration applicable to all such Covered Claims,whenever they arise. The Union and RAB want thosecovered by this Agreement and any individual attorneysrepresenting them to be aware of this Protocol.

(2) Mediation

(a) Whenever a Covered Claim is broughtalleging that an employer has violated the NoDiscrimination Clause (including, without limitation,claims based on a statute relating to workplace equalopportunities), whether such a Covered Claim is madeby the Union or by an individual employee, noticeshall be provided by the party seeking to utilize thisProtocol of such a Covered Claim (“Notice of Claim”)to the other Parties (for purposes of this section,“Parties” shall be defined as the Union, the RAB, theEmployer, and the affected employee(s)), and thematter shall be submitted to mediation, absent priorresolution through informal means. A Notice of Claimshall be filed within the applicable statutory statute oflimitations, provided that if an employee has timelyfiled such Covered Claim in a forum provided for bystatute, it will not be considered time-barred. TheNotice of Claim must be filed with the administratorof the Office of the Contract Arbitrator (“OCA”),

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which currently has an address of 370 Seventh Avenue,Suite 301, New York, NY 10001.

(b) Promptly following receipt of the Notice ofClaim, the administrator of OCA shall appoint aMediator from the Mediation Panel described below.All mediators on the panel shall be attorneys withappropriate training and experience in the conduct ofmediations and significant knowledge of employmentdiscrimination statutes. The Mediation Panel shall bea distinct panel from the Contract Arbitrator Panel (see2014 Apartment Building CBA, Article VI, Paragraph8). A person listed on the Mediation Panel will beremoved when either the Union or the RAB givesnotice to the other party that such person’s name shallbe removed. A person may be added to the MediationPanel list upon mutual agreement of the Union and theRAB. The Union and RAB mutually commit toappointing mediators with appropriate skill andexperience, as they view mediation as the importantstep through which many Covered Claims will beresolved.

(c) OCA shall appoint a Mediator from theMediation Panel. Such appointments shall be made bya random selection (e.g. “spinning the wheel”) ofavailable panel members.

(d) Within 30 days of being appointed, theMediator shall notify the Parties of his/her

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appointment and schedule a pre-mediation conference(for the purposes of this Paragraph and the remainderof this section, “Parties” refers to the bargaining unitmember or Union asserting the Covered Claim, andthe respondent/defendant employer and the RAB). Atthe conference, the Parties shall discuss such mattersas they deem relevant to the mediation process,including discovery. The Mediator shall have theauthority, after consulting with the Parties, to (1)schedule dates for the exchange of information andposition statements prior to a mediation, and (2)schedule a date for mediation. Any disputes relatingto the issues to be mediated, the exchange ofinformation and position statements, and the date,place, and time of the mediation and any in-person,telephonic, or other meetings relating to the mediationshall be decided by the Mediator. In the event theMediator concludes that there has not been good faithcompliance with his/her directive, including directivesas to the holding of conferences and the conduct ofdiscovery, the Mediator may, after notice and anopportunity to be heard, order appropriate remedies,including monetary and other sanctions. Suchremedies and sanctions may be considered by thearbitrator in a subsequent proceeding in the arbitrator’sdiscretion.

(e) The entire mediation process, including anysettlement terms proposed by the Mediator, is acompromise negotiation for the purposes of the

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Federal Rules of Evidence and the New York rules ofevidence.

(f) At the mediation, each Party shall be entitledto present witnesses and/or documentary evidence.The Mediator shall be entitled to meet separately witheach Party for the purpose of exploring settlement.

(g) At the conclusion of the mediation, theMediator shall recommend settlement terms to theParties on request of any Party. Neither Party shall berequired to accept such a proposal.

(h) Mediation shall be completed before theCovered Claim is arbitrated on the merits. However, ifthe Union alleges the Covered Claim of a violation ofthe No Discrimination Clause, the Union may proceeddirectly to arbitration without Mediation if it sochooses.

(i) The fees of the Mediator shall be split equallybetween the Union and the RAB. The Union and RABshall provide language interpreters at their jointlyshared cost.

(3) Arbitration

(a) The undertakings described here with respectto arbitration apply to those circumstances in which theUnion has declined to arbitrate an employee’s

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individual employment discrimination claim under theNo Discrimination Clause of the CBA, includingstatutory claims (i.e., a Covered Claim), to arbitration.The arbitration forum described here will be availableto employers and employees, both those who arerepresented by counsel and those who are notrepresented by counsel.

(b) The Union and the RAB have received andvetted from the American Arbitration Association(“AAA”) a list of arbitrators who (1) are attorneys, and(2) are designated by the AAA to decide employmentdiscrimination cases. In the event that arbitration of aCovered Claim based on statutory discrimination inthe circumstances described in paragraph A is soughtby these parties, the list of arbitrators provided by theAAA shall be made available to the individualemployee and the RAB member employer by theadministrator of OCA. The manner by which selectionis made by the RAB member employer and theindividual employee and the extent to which each shallbear responsibility for the costs of the arbitrator shallbe decided between them. A person may be added toor removed from the Statutory Arbitration Panel listupon mutual agreement of the Union and the RAB.Any such arbitration shall be conducted pursuant tothe AAA National Rules for Employment Disputesand any disputes about the manner of proceeding orthe interpretation of this Protocol or the AAA Rulesshall be decided by the arbitrator selected.

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(c) The hearings in any such arbitration may beheld at the OCA offices without charge to the parties;however, it is understood that OCA shall not be a forumfor the determination of the dispute as provided for in thecollective bargaining agreement, but, instead, will provideonly the services set out in section (3) of this Protocol.

(d) Neither the Union nor the RAB will be aparty to the arbitration described in this section (3) andthe arbitrator shall not have authority to award reliefthat would require amendment of the CBA or otheragreement(s) between the Union and the RAB orconflict with any provision of any CBAs or such otheragreement(s). Any mediation and/or arbitrationoutcome shall have no precedential value with respectto the interpretation of the CBAs or other agreement(s)between the Union and the RAB.

(4) Mandatory Written Notification BeforeUnion Members Attempt to Bring Any Covered Claimin Court, and Remedies for Failure to Provide Notice

(a) The RAB and the Union have established theforegoing Protocol to provide interested parties ameans to rapidly resolve or hear on the merits CoveredClaims fairly. To make this system most effective, itis a mandatory prerequisite before any bargaining unitmember attempts to file a Covered Claim in any courtthat the bargaining unit member (personally or throughhis or her attorney) notify in writing the RAB and the

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Employer that the Employee is attempting to bypassthe Protocol process. The notice required by thissection (the “Bypass Notice”) shall specify theCovered Claim(s) alleged with sufficient detail, thecourt where the action is to be filed, and the reason(s)for attempting to bypass the Protocol process.

(b) A copy of the Bypass Notice must be sent to:(a) the Employer and (b) the Realty Advisory Boardon Labor Relations, 292 Madison Avenue, 16th Floor,New York, New York 10017.

(c) Absent compelling good cause, the BypassNotice must be mailed by first-class certified mail,return receipt requested at least 60 days before thebargaining unit member plans to commence a lawsuitin any court.

(d) Providing the Bypass Notice is a conditionprecedent prior to bringing a Covered Claim in anyforum.

(e) Nothing contained in this Protocol will limitan employer or the RAB’s remedies in the event of abreach of the Protocol or the CBA by an individualasserting a Covered Claim.

(C) The parties will create a Committee (i) tostudy recruitment and retention issues for all under-represented groups, and (ii) to seek the continued

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prevention of sexual harassment in the commercialindustry.

25. Placement/Employment Agency Fee

No employee shall be employed through a fee-charging agency unless the Employer pays the fullfee.

In the event the Union shall establish a HiringHall, upon sixty (60) days written notice to the RAB,the foregoing paragraph shall be replaced with thefollowing paragraph:

The Employer agrees that in the event it shallrequire employees in the classifications ofemployment covered by the Agreement, it shall hiresuch employees from a Hiring Hall operated by theUnion. The Hiring Hall shall refer only qualifiedapplicants on the basis of their total industry wideseniority. In the event the Hiring Hall is unable tosupply satisfactory applicants to the Employer withinthree (3) working days following the request, theEmployer shall be free to hire in the open market. Thefacilities of the Hiring Hall operated by the Union shallbe made available to both members and non-membersof the Union. The Union warrants that in the operationof said Hiring Hall and in referrals to the Employer, itwill not discriminate against any individual applicantfor employment.

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26. Employees’ Rooms

Any employee occupying a room or apartmenton the Employer’s property may be charged areasonable rental therefore, unless such occupancy isa condition of employment, in which case no rent shallbe charged.

If the Employer terminates the services of anemployee occupying living space in the building, theEmployer shall give the employee thirty (30) dayswritten notice to vacate, except where there is adischarge for a serious breach of the employmentcontract.

27. Definitions

Elevator Starter — chief responsibility is todirect elevator operations and traffic in the buildingand does not normally operate an elevator.

Handyperson — possesses a certain amount ofmechanical or technical skill and devotes more thanfifty (50) percent of working time in a building to workinvolving such skill.

Foreperson — differs from a porter or cleaningperson in that the main responsibility is to directcleaning operations.

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Guard — an employee whose function is toenforce rules to protect the property of the Employeror to protect the safety of persons on the Employer’spremises and whose duties shall not include the workperformed under any other job classification coveredin this agreement.

Others include elevator operators, porters,porter/watchmen, cleaning persons, matrons, securityporters, fire safety directors, exterminators, and allother service employees employed in the buildingunder the jurisdiction of the Union except those otherclassifications specified above.

A “regular full-time employee,” unlessotherwise specified, shall be defined as one who isregularly scheduled to work at least five days per weekand at least five hours per day.

All reference to the male gender shall be deemedto include the female gender.

28. Required Training Programs

The Employer shall compensate any employeenow employed in a building for any time required forthe employee to attend any instruction or trainingprogram in connection with the securing of anylicense, permit or certificate required by the Employerfor the performance of duties in the building. Time

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spent shall be considered as time worked for thepurpose of computing overtime pay.

29. Building Safety and Security

The Employer shall continue to provide safe andhealthy working conditions. The RAB and the Unionwill create a Committee to study environmentallyconscious best work practices.

The RAB and Union shall establish a joint labor-management committee on building safety andsecurity. The Committee shall meet at least quarterlyto discuss security and safety procedures, training forbuilding staff, contracting protocols, integration withfire, police, emergency professionals and other stepsdesigned to maximize tenant and employee safety.

30. Garnishments

No employee shall be discharged or laid offbecause of the service of an income execution, unlessin accordance with applicable law.

31. Death in Family

A regular employee with at least one (1) year ofemployment in the building shall not be required towork for a maximum of three (3) days immediatelyfollowing the death of a parent, brother, sister, spouse

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or child, and shall be paid regular, straight-time wagesfor any such three (3) days on which he/she wasregularly scheduled to work, or entitled to holiday pay.

With respect to grandparents, the Employer shallgrant a paid day off on the day of the funeral if suchday is a regularly scheduled workday.

32. Union Visitation

Any business agent or other duly authorizedrepresentative of the Union shall have access to thebuildings or sites where union members are employedto determine whether the terms of this agreement arebeing complied with. Access shall be granted only ifthere is prior notice to the Employer and such accessdoes not interfere with the work being performed atthe building.

33. Jury Duty

Employees who are required to qualify or serveon juries shall receive the difference between theirregular rate of pay and the amount they receive forserving on said jury with a maximum of three (3)weeks in any calendar year.

Pending receipt of the jury duty pay, theEmployer shall pay the employee his/her regular payon his/her scheduled payday. As soon as the employee

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receives the jury duty pay, he/she shall reimbursehis/her Employer by signing the jury pay check overto the Employer.

Employees who serve on a jury shall not berequired to work any shift during such day. If anemployee is a weekend employee and assigned to juryduty, he/she shall not be required to work the weekend.

In order to receive jury duty pay, the employeemust notify the Employer at least two (2) weeks beforehe/she is scheduled to serve.

If less notice is given by the employee, the noticeprovision regarding change in shift shall not apply.

34. Identification

Employees may be required to carry with themand exhibit proof of employment on the premises.

35. Service Center Visit

Every full-time employee who has beenemployed in the building for one (1) year or more shallbe entitled, upon one (1) week notice to his/herEmployer, to take one (1) day off in each calendar yearat straight time pay to visit the office of any one of the32BJ Benefit Funds for the purpose of conductingbusiness at the Benefit Funds office or to visit anemployee’s personal physician.

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Such employee shall receive an additional one(1) day off with pay to visit the Benefit Funds officeor to visit the employee’s personal physician’s officeif such office requires such a visit. If the additionalday is to visit a personal physician, the Employer canrequest, and the employee must provide, a HIPAAcompliant release (to be developed by the HealthFund) sufficient to provide proof that the employeevisited the personal physician at the physician’s requestfor this additional one (1) day.

In the event that an employee chooses to visitany one of the benefit fund offices after having usedup his/her entitlement pursuant to the above two (2)paragraphs, he/she may use any of his/her sick daysfor that purpose.

To receive payment for such day(s), theemployee shall exhibit a signed statement from thebenefit fund office.

36. Automation Employment Pool

The President of the Union, or the VicePresident, and the Executive Vice President of theRAB, or his/her designee, may constitute a committeeto formulate and effectuate a plan for providingemployment in the industry for employees representedby the Union with long service who have lost their jobsbecause of conversion to automatic elevators or other

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mechanical devices at a time when they areapproaching the age and service requirements tobecome eligible for pension benefits.

This committee may arrange to list suchemployees in a special “Automation EmploymentPool,” giving preference for employment to the extentpracticable, in the order of their requirements forpension benefit to fill an available vacancy consistentwith physical and/or mental ability and the necessaryexperience. The committee may, to the fullest extentpossible, obtain and keep current information as tovacancies in employment and of new jobs available inRAB member buildings covered by this agreement.

The committee may also consider the institutionof plans to provide training of employees to improvetheir skills and to enter into employment in theindustry.

The Employer and the Union will cooperatewith the committee in its effort to achieve theobjectives of this provision.

37. Death of Employee

If any employee dies after becoming entitled to, butbefore receiving, any wage or pay hereunder, it shall bepaid to his/her estate, or pursuant to Section 1310 of theNew York Surrogate’s Court Procedure Act, unless

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otherwise provided herein. This shall not apply to benefitsunder Article XI where the rules and regulations of theHealth and Pension Fund shall govern.

38. Government Decrees

If because of legislation, governmental decreeor order, any increase or benefit herein provided is inany way blocked, frustrated, impeded or diminished,the Union may upon ten (10) days notice requirenegotiation between the parties to take such measuresand reach such revisions in the contract as may legallyprovide substitute benefits and improvements for theemployees, at no greater cost to the Employers. If theycannot agree, the dispute shall be submitted to theArbitrator.

In the event that any provision of this contractrequires approval of any government agency, the RABshall cooperate with the Union with respect thereto.

39. Weather Conditions

Where extreme cold or hot weather causeshardship to the employee in the performance of his/hernormal duties, the Union has the right to request theEmployer to revise work schedules so as to give theemployee such advantage of retained heat or cold asmay be compatible with the efficient operation of thebuilding.

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40. Common Disaster

There shall be no loss of pay as a result of anyAct of God or common disaster causing the shutdownof all or virtually all public transportation in the Cityof New York, making it impossible for employees toreport for work, or where the Mayor of the City of NewYork or the Governor of the State of New York directsthe citizens of the City not to report for work. TheEmployer shall not be liable for loss of pay of morethan the first full day affected by such Act of God orcommon disaster. Employees necessary to maintainthe safety or security of the building shall be paid onlyif they have no reasonable way to report to work andemployees refusing the Employer’s offer of alternatetransportation shall not qualify for such pay. The term“public transportation” as used herein shall includesubways and buses.

41. Transportation Costs

The RAB will encourage its members to adopta qualified transportation fringe benefit programpursuant to which employees may pay for certainqualified transportation costs (e.g. transit passes,qualified parking) on a pre-tax basis, to the extentpermitted by law. The RAB will make informationavailable to its members that is necessary to assistthem in adoption and implementation of the program.

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42. Cuspidors

Employees will not be required to cleancuspidors.

43. Security Background Checks

All employees shall be subject to securitybackground checks at any time. The Employer shallpay all costs of any security background checks,including pre-employment checks. All securitybackground checks shall be confidential, and may bedisclosed only as required by law or on a business needto know basis and/or to the Union as necessary for theadministering of this Agreement.

An employee shall cooperate with an Employeras necessary for obtaining security backgroundchecks. Any employee who refuses to cooperate shallbe subject to termination. Employees who fail suchsecurity background check shall be subject totermination.

For the purpose of this provision, just cause toterminate an employee who has failed a securitybackground check exists only if it is established thatone or more of the findings of the background securitycheck is directly related to his/her job functions orresponsibilities, or that the continuation ofemployment would involve an unreasonable risk to

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property or to the safety or welfare of specificindividuals or the general public or constitute aviolation of any applicable governmental rule orregulation. If the customer determines that theemployee has failed a security background check, butthe Employer lacks cause for termination under thisprovision, the terms of Article IV, Section 4 shall apply.

44. Work Authorization and Status Disputes

The parties recognize that questions involvingan employee’s work status or personal informationmay arise during the course of his/her employment,and that errors in an employee’s documentation maybe due to mistake or circumstances beyond anemployee’s control. The parties agree to attempt tominimize the impact of such issues on both theaffected employees and employers by working togetherto fairly resolve such issues while complying with allapplicable laws.

45. Veteran Transition Assistance

The parties recognize that making a successfultransition from the military into the civilian workforcecan be challenging. Out of respect for those servingin the military and in acknowledgment of thetremendous skills they can bring to the workforce, theparties shall create a committee tasked with assistingveterans in this transition. These efforts shall include,

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but not be limited to: (i) increasing the industry’sadvertising/recruitment efforts to encourage veteransto apply for jobs within the industry; (ii)communicating with the industry about the numerousbenefits associated with hiring veterans; and (iii)providing newly hired veterans with access to trainingthrough classes to be created by the Thomas ShortmanSchool aimed at easing the transition to the civilianworkforce and teaching the requisite skills.

46. Saving Clause

If any provision of this agreement shall be heldillegal or of no legal effect, it shall be deemed null andvoid without affecting the obligations of the balanceof this agreement.

Both parties agree to construe any provisionsheld to be contrary to law as closely to its bargainedfor purpose permissible by law and to agree on arevised draft of such provisions that as close as legallypossible mirrors and/or achieves the purpose of suchan invalidated or unenforceable provision.

47. Complete Agreement

This Agreement constitutes the fullunderstanding between the parties and, except as theymay otherwise agree, there shall be no demand byeither party for the negotiation or renegotiation of anymatter covered or not covered by the provisions hereof.

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48. Notices

All notices required by this Agreement to bemailed to the Union shall be mailed to the attention ofthe Director of the Contract and Grievance Center.

ARTICLE XXIINew Development

The Union and the RAB recognize (1) that realestate development strengthens communities andenhances New York’s economy; (2) that the economicsof developments are complex and not uniform; and (3)that successful development is important to allstakeholders, and to the people of the City of NewYork. Therefore, the parties shall establish a sittingNew Development Committee whose members shalldetermine, on a project-by-project basis, wage andbenefit standards that accord with the needs of theparties and are consistent with applicable law foremployees in newly constructed buildings. Any suchstandards shall be determined only upon the mutualagreement of the Union and the RAB. Any action orinaction of the committee shall not be reviewable inany forum. The committee shall be comprised of anequal number of persons appointed by the Presidentof the Union and the President of the RAB.

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IN WITNESS WHEREOF, the parties have hereuntoset their hands and seals the day and year first abovewritten.

REALTY ADVISORY BOARDON LABOR RELATIONS

INCORPORATED

Howard I. RothschildPresident

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

Hector FigueroaPresident

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December 18, 2015

Hector Figueroa, PresidentSEIU, Local 32BJ25 West 18th StreetNew York, NY 10011

Re: Reserved Question on Mandatory Arbitration forStatutory Discrimination Claims

Dear Hector:

This letter will confirm our understanding on the issue of whetherarbitration is mandatory for statutory discrimination claimsbrought under the No Discrimination Clause found in theCollective Bargaining Agreements (“CBAs”) between the RABand the Union (the “Reserved Question”).

Following the decision of the Supreme Court in 14 Penn PlazaLLC v. Pyett, 556 U.S. 247 (2009), the RAB and the Union havehad a dispute about the Reserved Question, specifically regardingthe meaning of the No Discrimination Clause and the grievanceand arbitration clauses in the CBAs. The Reserved Question isas follows:

The Union contends that the CBAs do not makeprovision for arbitration of any claims that the Uniondoes not choose to take to arbitration, includingstatutory discrimination claims, and therefore,individual employees are not barred from pursuing theirdiscrimination claims in court where the Union hasdeclined to pursue them in arbitration. The RABcontends that the CBAs require arbitration of allindividual claims, even where the Union has declined tobring such claims to arbitration.

The parties agree that, should either the Union or the RAB deem

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it appropriate or necessary to do so, that party may bring toarbitration the Reserved Question. The parties intend that theReserved Question may only be resolved in arbitration betweenthem and not in any form of judicial or administrative proceeding.The outcome of the Reserved Question hinges on collectivebargaining language and bargaining history, which are subjectsproperly suited for arbitration. Such arbitration may becommenced on 30 calendar days’ written notice to the other party.The arbitrator for such arbitration shall be Roberta Golick, unlessshe is unable or unwilling to serve, in which case the parties shallagree upon an arbitrator, and failing agreement shall submit thecase to arbitration before the American Arbitration Association,in New York City.

In 2010, the parties initiated the No-Discrimination Protocol. TheNo Discrimination Protocol is applicable to all such claims. ThisProtocol was intended, and continues, to serve as an alternativeto arbitrating the parties’ disagreement on the Reserved Question.The parties agreed to include the No-Discrimination Protocol aspart of the CBAs, as further modified in December 2015. TheUnion and the RAB agree that the provisions of the No-Discrimination Protocol do not resolve the Reserved Question.Neither the inclusion of the No-Discrimination Protocol in theCBAs nor the terms of the No-Discrimination Protocol shall beunderstood to advance either party’s contention as to the meaningof the CBAs with regard to the Reserved Question, nor will eitherparty make any representation to the contrary.

Without prejudice to either parties’ position on the continuedviability of any other side letter, this side letter shall continue ineffect unless and until the parties agree otherwise or until theReserved Question is decided by Arbitrator Golick.

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Sincerely,

Howard RothschildPresident, RAB

AGREED:

_______________________________Hector FigueroaPresident, SEIU, Local 32BJ

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December 18, 2015


Re: Transition from Contractor to Direct Building Employee

Dear Hector:

No employee who is transferred from a contractor to the buildingpayroll purely as a result of the owner and/or agent terminatingthe contractor and performing building service work directly,shall suffer a loss of benefits that are determined by anemployee’s accrued time (years of service) as provided in ArticleXIII (Sick Days) and Article XXI, Section 11 (Recall), Section12 (Leaves of Absence), Section 13 (Vacation) and Section 21(Termination Pay) of the Agreement.

Sincerely,


AGREED:


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December 18, 2015


Re: Consultancy Committee

Dear Hector:

The parties recognize that the use of consultants is a practice thathas arisen in the industry. Upon the Union’s request, the partiesagree to create a joint committee consisting of the UnionPresident and the RAB President, or their designees, to discussissues affecting employees covered under this Agreement thatarise out of any consultancy with respect to work covered underthis Agreement or the Contractors’ Agreement.

Sincerely,


AGREED:


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December 18, 2015


Re: Employer Contributions to Pension and SRSP Funds

Dear Hector:

This will confirm our understanding that the April 2007 side letterre: Employer Contributions to Pension and SRSP Funds appliesto the new hire rate.

Sincerely,


AGREED:


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December 18, 2015

Howard Rothschild, PresidentRealty Advisory Board on Labor Relations292 Madison Avenue, 16th FloorNew York, New York

Re: Reduction in Force

Dear Howard:

This will confirm our understanding during our recentnegotiations that the Union and the RAB re-affirm theircommitment to the Special Committee process set forth in ArticleV of the Commercial Building Agreement and in Article XIII ofthe Contractors Agreement.

Upon the request of the President of the RAB, the SpecialCommittee shall meet on at least a quarterly basis or morefrequently as necessary.

To keep the New York City area Real Estate Industry competitiveand productive, the parties recommit that the Reduction in Forceprocess under the Commercial and Contractors Agreements willbe utilized appropriately and in good faith.

Sincerely,

Hector FigueroaPresident, SEIU, Local 32BJ

AGREED:

_______________________________Howard RothschildPresident, RAB

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December 18, 2015


Re: A-B Time Side Letter

Dear Hector:

The parties agree that where an A-B time pay practice existed atthe building prior to January 1, 2008, all employees on the payrollprior to that date, and working within the scope of the A-B timepractice, shall continue to receive this benefit. Employees hiredafter January 1, 2008, will not be eligible for the A-B timepractice. Absentee work assignments shall be rotated fairlyamong all employees by seniority order.

Sincerely,


AGREED:


134


December 18, 2015


Re: Security Background Checks

Dear Hector:

This will confirm our understanding during our recentnegotiations that an Employer may not invoke Article XXI(General Clauses) Section 43 (Security background checks) inconnection with a Social Security "no match" letter.

Sincerely,


AGREED:


135


December 18, 2015


Re: Transition of Guards to the Security Officer Agreement

Dear Hector:

This letter confirms our agreement regarding the transitioning ofguards covered under the Commercial and/or ContractorAgreements to the RAB/Local 32BJ Security Officer Agreement.

Any Employer wishing to remove their Guards from thisAgreement and, instead, have those Guards covered under theRAB Security Officers Agreement shall enter into a transitionagreement with the Union facilitating such transfer consistentwith established transition agreements. The Union shall notunreasonably withhold its agreement to transfer such Guards tothe Security Officer Agreement.

Sincerely,


AGREED:


136


December 18, 2015


Re: Work Authorization and Status Disputes

Dear Hector:

Upon the request of either party, the parties shall establish a jointcommittee to discuss issues related to employees’ WorkAuthorization. The Committee shall consist of the President ofLocal 32BJ and the President of the RAB, or their designees.

Sincerely,


AGREED:


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December 18, 2015


Re: Grievance and Arbitration

Dear Hector:

The parties agree to meet quarterly on issues related tostreamlining grievance and arbitration processes, includingcalendaring and exchanging information of case status. Themeetings shall be attended by the President of Local 32BJ andthe President of the RAB, or their designees.

Sincerely,


AGREED:


138


December 18, 2015


Re: Industry Seniority

Dear Hector:

The parties recognize that, in situations in which an employeewith many years of continuous service in the industry is forcedto bump into another location and then faces a change ofemployer at that location, the employee’s seniority standing forpurpose of layoff and recall may be impacted. The parties agreeto meet in committee to discuss ways to address this and likecircumstances. The committee shall consist of the President ofthe RAB, or his/her designees, and the President of the Union, orhis/her designees.

Sincerely,


AGREED:


139


December 18, 2015


Re: Conversions

Dear Hector:

The parties agree to meet in committee to discuss the financialimpact on employees of a sale related to a change in the primarypurpose of the building from a Commercial Building to aResidential Building. The committee shall consist of thePresident of the RAB, or his/her designees, and the President ofthe Union, or his/her designees.

Sincerely,


AGREED:


140


January 31, 2017


Re: Fire Safety Directors

Dear Hector:

This will confirm our understanding that the revisions made toArticle XVII (Wages and Hours), Section 11 in the collectivebargaining agreement between the Union and the Employercovering the period from January 1, 2016 through December 31,2019 providing for annual lump-sum payments of $500.00 toregularly assigned EAP Coordinators, Fire Safety Directors andAssistant and/or Deputy Fire Safety Directors are not intendedto, and shall not, create any obligations on the part of theEmployer to increase the base on which overtime pay is calculatedor otherwise alter overtime payments to such employees as aresult of such lump-sum payments. Rather, such payments areintended to defray expenses incurred in seeking or maintainingcertification, and are not made as compensation for hours ofemployment.

For the avoidance of any doubt, any disputes over the lump-sumpayments made to regularly assigned EAP Coordinators, FireSafety Directors and Assistant and/or Deputy Fire SafetyDirectors, including any disputes over pay arising from or relatingto such payments, shall be subject to the grievance and arbitrationprovisions of the collective bargaining agreement.

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Sincerely,


AGREED:


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MINIMUM WAGE RATESJANUARY 1, 2016 – DECEMBER 31, 2016

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour Hr. Rate Hr. Rate Rate RateClass AHandypersons 26.948 40.422 215.584 1,077.92Forepersons 26.8355 40.25325 214.684 1,073.42Starters 26.8355 40.25325 214.684 1,073.42Others 24.623 36.9345 196.984 984.92Guards* 23.166 34.749 185.328 926.64

Class BHandypersons 26.917 40.3755 215.336 1,076.68Forepersons 26.8045 40.20675 214.436 1,072.18Starters 26.8045 40.20675 214.436 1,072.18Others 24.592 36.888 196.736 983.68Guards* 23.166 34.749 185.328 926.64

Class CHandypersons 26.873 40.3095 214.984 1,074.92Forepersons 26.7605 40.14075 214.084 1,070.42Starters 26.7605 40.14075 214.084 1,070.42Others 24.548 36.822 196.384 981.92Guards* 23.166 34.749 185.328 926.64

LOFT BUILDINGS

Class AHandypersons 26.898 40.347 215.184 1,075.92Forepersons 26.8045 40.20675 214.436 1,072.18Starters 26.8045 40.20675 214.436 1,072.18Others 24.592 36.888 196.736 983.68Guards* 23.166 34.749 185.328 926.64

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Class BHandypersons 26.825 40.2375 214.60 1,073.00Forepersons 26.7555 40.13325 214.044 1,070.22Starters 26.7555 40.13325 214.044 1,070.22Others 24.543 36.8145 196.344 981.72Guards* 23.166 34.749 185.328 926.64

Class CHandypersons 26.702 40.053 213.616 1,068.08Forepersons 26.6145 39.92175 212.916 1,064.58Starters 26.6145 39.92175 212.916 1,064.58Others 24.502 36.753 196.016 980.08Guards* 23.166 34.749 185.328 926.64

*Guards hired prior to January 1, 1978 shall receive therate of "others."

MINIMUM WAGE RATESJANUARY 1, 2017 – DECEMBER 31, 2017

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour Hr. Rate Hr. Rate Rate RateClass AHandypersons 27.598 41.397 220.784 1,103.92Forepersons 27.4855 41.22825 219.884 1,099.42Starters 27.4855 41.22825 219.884 1,099.42Others 25.223 37.8345 201.784 1,008.92Guards* 23.766 35.649 190.128 950.64

Class BHandypersons 27.567 41.3505 220.936 1,102.68Forepersons 27.4545 41.18175 219.636 1,098.18Starters 27.4545 41.18175 219.636 1,098.18Others 25.192 37.788 201.536 1,007.68Guards* 23.766 35.649 190.128 950.64

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Class CHandypersons 27.523 41.2845 220.184 1,100.92Forepersons 27.4105 41.11575 219.284 1,096.42Starters 27.4105 41.11575 219.284 1,096.42Others 25.148 37.722 201.184 1,005.92Guards* 23.766 35.649 190.128 950.64

LOFT BUILDINGS

Class AHandypersons 27.548 41.322 220.384 1,101.92Forepersons 27.4545 41.18175 219.636 1,098.18Starters 27.4545 41.18175 219.636 1,098.18Others 25.192 37.788 201.536 1,007.68Guards* 23.766 35.649 190.128 950.64




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MINIMUM WAGE RATESJANUARY 1, 2018– DECEMBER 31, 2018

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour Hr. Rate Hr. Rate Rate RateClass AHandypersons 28.248 42.372 225.984 1,129.92Forepersons 28.1355 42.20325 225.084 1,125.42Starters 28.1355 42.20325 225.084 1,125.42Others 25.823 38.7345 206.584 1,032.92Guards* 24.366 36.549 194.928 974.64



LOFT BUILDINGS

Class AHandypersons 28.198 42.297 225.584 1,127.92Forepersons 28.1045 42.15675 224.836 1,124.18Starters 28.1045 42.15675 224.836 1,124.18Others 25.792 38.688 206.336 1,031.68Guards* 24.366 36.549 194.928 974.64

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MINIMUM WAGE RATESJANUARY 1, 2019– DECEMBER 31, 2019

OFFICE BUILDINGS

Regular Overtime 8 Hour 40 Hour Hr. Rate Hr. Rate Rate RateClass AHandypersons 29.073 43.6095 232.584 1,162.92Forepersons 28.9605 43.44075 231.684 1,158.42Starters 28.9605 43.44075 231.684 1,158.42Others 26.598 39.897 212.784 1,063.92Guards* 25.141 37.7115 201.128 1,005.64

Class BHandypersons 29.042 43.563 232.336 1,161.68Forepersons 28.9295 43.39425 231.436 1,157.18Starters 28.9295 43.39425 231.436 1,157.18Others 26.567 39.8505 212.536 1,062.68Guards* 25.141 37.7115 201.128 1,005.64

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Class CHandypersons 28.998 43.497 231.984 1,159.92Forepersons 28.8855 43.32825 231.084 1,155.42Starters 28.8855 43.32825 231.084 1,155.42Others 26.523 39.7845 212.184 1,060.92Guards* 25.141 37.7115 201.128 1,005.64

LOFT BUILDINGS

Class AHandypersons 29.023 43.5345 232.184 1,160.92Forepersons 28.9295 43.39425 231.436 1,157.18Starters 28.9295 43.39425 231.436 1,157.18Others 26.567 39.8505 212.536 1,062.68Guards* 25.141 37.7115 201.128 1,005.64

Class BHandypersons 28.95 43.425 231.60 1,158.00Forepersons 28.8805 43.32075 231.044 1,155.22Starters 28.8805 43.32075 231.044 1,155.22Others 26.518 39.777 212.144 1,060.72Guards* 25.141 37.7115 201.128 1,005.64

Class CHandypersons 28.827 43.2405 230.616 1,153.08Forepersons 28.7395 43.10925 229.916 1,149.58Starters 28.7395 43.10925 229.916 1,149.58Others 26.477 39.7155 211.816 1,059.08Guards* 25.141 37.7115 201.128 1,005.64


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INDEX

SUBJECT PAGEAbsentee Workers Hours (AB Time)........ 11, 62, 134Adoption of Agreement..................................... 32-33Arbitration...................... 14, 15, 17-18, 21, 22, 24-28...................................... 29-30, 37, 74, 88-89, 97, 120Attendance Bonus................................................... 52Automation Employment Pool.......................118-119Benefit Funds........... 6, 11, 23-24, 29, 37-49, 97, 117Better Terms and Conditions ................ 12-13, 40, 44Building Safety..................................................... 115Bulletin Board................................................... 78, 99Call-in Pay...............................................................64Check-off (Dues)................................................... 6-8Classification of Buildings................................ 56-57Clinic Day (Service Center Visit).................. 117-118Common Disaster..................................................121Complete Agreement............................................ 124Condemnation ........................................................ 54Consultants............................................................131Contracting of Work............................ 2, 9-12, 21, 30Contractor Employee Transition........................... 130Cost of Living.................................................... 58-60Coverage of Agreement..........................1-2, 9-12, 65Cuspidors.............................................................. 122Day of Rest..............................................................97Days Off ............................................... 62, 66, 80, 94Death (in family, of employee)....... 115-116, 119-120Differentials....................................................... 74-75

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SUBJECT PAGEDisability Benefits Law........38, 43, 50-51, 52, 91-92Discharge......................... 3-4, 14-15, 22, 69, 99-102,....................................................... 113, 115, 122-123Discrimination.................................... 88-89, 103-112Discrimination - Protocol.............................. 104-111Discrimination - Protocol Mediation............. 105-108Discrimination - Protocol Arbitration............108-111Displacement or Transfer........................................ 15EAP Coordinator..................................... 65, 141-142Election Day............................................................80Elevator Conversion....................... 100-101, 118-119Elevator Starter..........................................58, 61, 113Employee Identification........................................117Employees’ Rooms................................................113Employment Agency Fee ..................................... 112Engineers.................................................................75Experienced Employee............................................87Eye Glasses............................................................. 98Family and Medical Leave Act..........................52, 93Fines...............................................................102-103Fire and Flood Call................................................. 98Fire Safety Director ........................ 65, 114, 141-142Firemen................................................................... 94First Aid Kit............................................................ 98Flexibility................................................................ 11Foreperson.......................................................58, 113Garnishments........................................................ 115Governmental Decrees.......................................... 120Grievance Procedure .........................................22-24

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SUBJECT PAGEGuards..................61, 63, 72-73, 85, 87, 88, 114, 136Handyperson................................................... 58, 113Hardship Buildings................................................. 37Health Fund................................................. 37-42, 92Health Fund Study Committee.......................... 41-42Hiring Hall............................................................ 112Holidays..................................... 12, 52, 60, 76-80, 94Hours......................................................11, 12, 60-65Identification.........................................................117Injuries............................................................... 90-92Inspection of Employer Records............................5-6Job Definitions.............................................. 113-114Joint Industry Advancement Project..................70-72Jury Duty....................................................... 116-117Labor Peace Committee.......................................... 31Layoff............................................. 83-84, 89-90, 115Leave of Absence ..............................................90-93Legal Assistance (building violations)..................103Legal Fund.............................................................. 47Licenses.......................................... 102-103, 114-115Life Insurance................................................... 12, 40Locker..................................................................... 99Lockout.............................................................. 29-31Lunch Period........................................................... 61Management Rights .......................................... 14-15Matron...................................................................114Meal Allowance.......................................................64Medical Leave....................................................90-93Method of Payment of Wages............................81-82

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SUBJECT.............................................................PAGEMilitary Service.................................................... 103Most Favored Nations Clause............................ 35-37Multi-Employer Bargaining...............................31-35New Development.................................................125New Hire Rate and Contributions......................85-89New York City Earned Sick Time Act................53-54Newly Constructed Buildings................34, 62, 63-64Night Work ..................................................61, 62-63Notice of Discharge/Termination...............3-4, 16, 22Others............................................ 64, 85, 87, 88, 114Overtime.............27, 60, 64-65, 75, 81, 114-115, 141Part-time Employee.............................53, 81, 94, 101Paternity/Maternity Leave.......................................92Pension Fund..........................43-46, 87, 88, 120, 132Permits............................................102-103, 114-115Personal Day................................................ 78-79, 80Picketing............................................................ 29-31Political Contributions........................................... 6-8Postings of Vacancies.............................................. 84Pregnancy Leave............................................... .90-93Premium Pay..............................12, 63-64, 67, 75, 81Probationary Period (Trial Period).......................... 85Promotion.......................................................... 84-85Pyramiding.............................................................. 75Reason for Discharge.............................................. 22Recall........................................................... 83, 89-90Reduction in Force...... 10-11, 16-21, 83, 99-101, 133Relief Employees............................. 62, 81, 85, 96-97Relief Periods.................................................... 12, 61

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SUBJECT PAGERemodeled Buildings..............................................34Reopenings..............................................49, 120, 124Replacements.....................................................84-85Resignation.......................................... 69, 95-96, 100Rest Room...............................................................99Safety.................................................................... 115Sale of Building..............................32-33, 54-55, 102Sanitary Arrangements............................................99Saving Clause .............................................3, 12, 124Schedules.................................................. 13, 81, 120Security Background Checks ................122-123, 135Seniority........................................... 11, 83-84, 89-90Service Center Visit....................................... 117-118Sick Days............................................. 51-54, 75, 118Strike..................................................................29-31Subcontracting..................................... 2, 9-12, 21, 30Superintendents................................2, 65-70, 72, 102Supplemental Retirement

& Savings Fund........................... 47-48, 87-88, 132Term of Agreement............................................ 72-73Termination Pay .................................. 83, 90, 99-102Tools .....................................................................102Training Fund..........................................................46Training Program...........................................114-115Transfer of Title........................................... 32-33, 55Transportation Costs............................................. 121Trial Period..............................................................85Unemployment Insurance Law.......................... 50-51Uniforms............................................................97-98

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SUBJECT PAGEUnion Insignia.........................................................98Union Leave of Absence......................................... 93Union Recognition ................................................1-9Union Security....................................................... 1-9Union Visitation.............................................5-6, 116Vacancies........................................................... 84-85Vacation Replacement................................. 85, 96-97Vacations, Vacation Pay................... 12, 69, 90, 93-97Veteran Transition Assistance........................ 123-124Voting Time.............................................................80Wages................................ 12, 57-58, 63-65, 143-148Wage Differentials....................................... 68, 74-75Weather Conditions ..............................................120Work Authorization and Status Disputes.............. 123Work Clothes..................................................... 97-98Work Stoppage...................................................29-31Working Conditions (Superintendent)............... 67-70Workers’ Compensation .......................38, 43, 50-51,..................................................................... 52, 90-93Workloads.......................................................... 13-14Workweek.......................................................... 60-62

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NOTES


2016Commercial Building

AGREEMENT

MINIMUM WAGE RATES2016-2019

(See Pages 143-148)

LOCAL 32BJSERVICE EMPLOYEES

INTERNATIONAL UNION

25 West 18th StreetNew York, NY 10011-1991

(212) 388-3800

REALTY ADVISORY BOARDON LABOR RELATIONS, INC.

292 Madison AvenueNew York, NY 10017(212) 889-4100

2016 Commercial Building AGREEMENT - SEIU 32BJ€¦ · 2016 Commercial Building AGREEMENT ......

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