AGREEMENT

by and between

EASTERN ATLANTIC STATES REGIONAL

COUNCIL OF CARPENTERS

Dockbuilders, Pile Drivers and Divers Local 474 of the

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

and the

ASSOCIATED CONSTRUCTION CONTRACTORS

OF NEW JERSEY

and their affiliates and the

WHARF AND DOCKBUILDERS ASSOCIATION OF

PHILADELPHIA AND VICINITY

EFFECTIVE

May 1, 2022 – April 30, 2027

Article Article No. Page

Agreement 1 Agreement and Termination 25 42 Apprenticeship Training Program 19 37 Approvals 20 37 Competition Committee 21 39 Delinquency and Collection Procedure 23 39 Disputes and Arbitration 16 32 Dive Work 2 4 Dive Work Provisions 2 16 Drug Testing 13 30 Federal and State Law Conflicts 17 33 Fringe Benefit Funds 18 34 Hazardous Material Work Sites 12 29 Hiring 4 17 Holidays 8 25 Hyperbaric Tunnel Work 2 12 Manning Requirements 11 28 Most Favored Nation Clause 22 38 Non-Discrimination 3 16 Offshore Work 2 11 Overtime 9 26 Project Labor Agreements 24 42 Reporting for Work Minimum Pay 10 27 Safety of Employees and Tools 11 28 Shift Work 7 23 Shop Steward - Union Representatives 15 31 Show Up time 10 27 Term of Agreement 1 2 Territorial Jurisdiction 4 17 Wage Rates/Wage Payments 5 20 Welder Certification 14 30 Work Jurisdiction 2 2 Working Hours 6 22

PURPOSES OF THE AGREEMENT

The purposes for which this Agreement is entered into are as follows:

(a) prevent strikes and lockouts;

(b) facilitate peaceful adjustment of grievances and disputes between the Employer, Employee and

Union;

(c) prevent waste, unnecessary and avoidable delays, which result in unnecessary costs and expense to the Employer, and Union, and the loss of wages and fringe benefits to the Employee;

(d) enable the Employer to secure at all times sufficient forces of skilled workmen;

(e) provide as far as possible for the continuous employment of labor;

(f) provide that employment hereunder shall be in accordance with conditions and at wages and fringe benefits herein agreed upon;

(g) bring about stable conditions in the Industry;

(h) keep costs of Construction Work as low as possible consistent with fair wages and proper working conditions, as provided for hereunder; and

(i) continue the custom and practice heretofore prevailing for many years in Construction Work of agreement as to the terms and conditions of employment, and as to the necessary procedure for amicable adjustments to all disputes or questions that may arise.

AGREEMENT

AGREEMENT BETWEEN ASSOCIATED CONSTRUCTION CONTRACTORS OF NEW JERSEY

and WHARF AND DOCK BUILDERS ASSOCIATION OF PHILADELPHIA AND VICINITY and the EASTERN ATLANTIC STATES REGIONAL COUNCIL OF CARPENTERS, DOCK BUILDERS, PILE DRIVERS AND DIVERS LOCAL 474 of THE UNITED BROTHERHOOD OF

CARPENTERS AND JOINERS OF AMERICA.

THIS AGREEMENT entered into this 1st day of May 2022, by and between the ASSOCIATED CONSTRUCTION CONTRACTORS OF NEW JERSEY and THE WHARF AND DOCK BUILDERS ASSOCIATION OF PHILADELPHIA AND VICINITY (hereinafter referred to as the “Associations”), acting for and on behalf of itself, and pursuant to authority duly granted, for and on behalf of each of its present and future members (which members are individually hereinafter referred to as “Employer” or “party of the first part”), and the EASTERN ATLANTIC STATES

REGIONAL COUNCIL OF CARPENTERS, DOCK BUILDERS, PILE DRIVERS AND DIVERS

LOCAL 474 of THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA (hereinafter referred to as the “Union”), parties of the second part, acting for and on behalf of themselves and of their present and future members.

WITNESSETH:

ARTICLE 1

Term of Agreement

This Agreement shall be binding upon both parties hereunto, as well as upon the respective successors and assigns of said parties, for the period beginning May 1, 2022 and ending at midnight of April 30, 2027. Each employer shall employ dockbuilders, divers and tenders that are members of the Eastern Atlantic States Regional Council of Carpenters (“EASRC”) who are in good standing. Each dockbuilder, diver and tender employee shall have an EASRC pile driver, diver union card designation, indicating engagement in or completion of the appropriate apprenticeship training, and the requisite skills for the project to which they are referred.

ARTICLE 2

Work Jurisdiction

Section 1. This Agreement (subject to the provisions of Article 3, Section 2(b) hereof) shall apply to all persons who perform any work (all of which, the parties of the second part represent, is within the jurisdiction of the Eastern Atlantic States Regional Council of Carpenters listed below, on any project or job of the Employer or on which the Employer holds a contract. Such persons are hereinafter referred to as “Journeymen” or “employees.”

Section 2. The work referred to in Section 1 of this Article 2 is as follows:

(a) The construction, reconstruction, demolition, and repairing of wharves, piers, docks, bulkheads and jetties, wooden bridges (whether over water or land) and ferry slips, as well as the construction in other structures of pile foundations, coffer dams and all false work and bracing incidental thereto, together with the capping with any type of material of all pile foundations, and all work involving the use of steel pilings, placing horizontal sheeting, constructing jetties and groins, and tending, applying and removing all test pile loads.

(b) The signaling of rigs used in connection with work on which employees to whom this

Agreement is applicable are employed:

The signalman on all cofferdam, excavation and concrete and concrete work shall be a dockbuilder; the setting of imbedded steel; the erection and extraction of grout pipes, including all work or operations involved in Pre-Pak operations; and all Tremie pour operations; all operations of house moving; all work or operations involved in the use of boring equipment for foundation piles; and drilled shafts; and all work involved using chance anchors or other similar methods for pile foundations, underpinning or tie-back systems including grouting; and all work or operations involved in any new systems, methods, or substitutions pertaining to any of the work mentioned in this Article.

(c) In the construction of open cut sewers – all work in connection with piling, including wood, steel or concrete sheet piling (provided that when driven with a hand hammer the driving shall be the work of a laborer) and in connection with bracing and lagging; all work involving “Krings System” projects or other similar systems used as substitutes for steel sheeting or soldier beams and lagging; and in the construction of piers, wharves and other structures requiring the use of heavy framing of wood, steel, or concrete as bracing against water and earth pressures and the installation and testing of all types of tie-backs - the erecting of all materials used (i) up to and including the ordinance piece of piers, (ii) up to the deck of bridges over water and approaches thereto, and (iii) up to the corresponding member of other structures.

(d) Rope and wire cable splicing relative to dock building work when done on the job, and all operations of burning and welding (oxyacetylene or electric) where the same is required incidental to any of the work mentioned in this Article.

(e) The erecting, dismantling, handling, loading and unloading of all materials, rigs, derricks or other equipment required to do work mentioned in this Article, including prestressing, poststressing and precasting of all materials fabricated on the job site, and the maintenance and repair of all rigs on any job. In addition, the normal on-site maintenance greasing, fueling and lubrication of all types of pile driving hammers and equipment connected thereto, and, the operation of all types of’ pile driving hammers and equipment, (power consoles for vibratory hammers or extractors, valves for jetting operations), when the actuating valve or switch (of any kind or description) is remote from the cab, the cutting or burning off of piles at ground or final cutoff elevation shall be the jurisdiction of members of the Union.

(f) On the underpinning of the buildings, bridges, railroads, and all other underpinning operations

– the work of placing rings, shores and braces and of the jacking of all piles.

(g) When a deckhand is employed aboard a tugboat, barge or other vessel assisting dock builders, he shall be a dock builder, represented by the Union.

(h) All fabrications, bracing, struts and rings must be fabricated on the job site or in the shop and, regardless where fabricated, it must be done by members of the Union. “Pennies” or end closures for pipe pile and H-Pile Points may be attached at the “point of manufacture” - not “offsite”.

By Agreement July 1, 2004, pipe piles and H-piles may be spliced by manufacturer, not off site to provide “order to length” piles with attached certifications if necessary.

This provision shall be given a reasonable interpretation in the light of the intent of said provision and is to exclude manufactured specialty catalog items (such as highway guardrails, manhole covers, aluminum handrails, ladders, stairs, etc.) and products which require shop applied coatings by contract specification.

(i) The Union shall have jurisdiction over all diving on any work pertaining to this Agreement.

(j) Employees to whom this Agreement is applicable may operate pick-up trucks for transportation of personnel, tools, equipment and materials as necessary in the performance of their work.

(k) The operation of jack boats, (small work boats), used in relation to the work covered by this

Agreement, shall be considered a tool of the trade and shall be manned as needed by a member of the Union.

(l) The operation of deck engines, wherever mounted, to move or position floating equipment or barges to perform work covered under this Agreement shall be the jurisdiction of members of the Union.

(m) The positioning, placing and pouring of concrete, sand or stone into pipe piles, shell piles and monotube piling and drilled shafts by any method, (including truck, crane bucket or pump), shall be the jurisdiction of members of the Union.

(n) The handling, setting, securing, cutting and drilling of pre-cast piles and pile caps on bridges, piers, docks, and wharves and, handling, setting, securing, cutting and drilling of pre-cast decking on piers, docks and wharves, weld uplift plates to piles or rebar, attaching uplift connections to timber piles and splicing of piles shall be the jurisdiction of members of the Union.

(o) The placement and assembly by any method, of any reinforcing material into any type of bearing pile, tie back, and/or anchoring system, such as but not limited to, steel rebar of any size or type, cages of any size or type, and/or wire strands of any size or type, shall be the jurisdiction of members of the Union.

(p) Drilling & Ground Improvement Systems:

For work performed in New Jersey (Local 474 territory), Pennsylvania, and Delaware, the employer agrees to utilize one Pile Driver journeyman per rig to perform work related to the installation of drilled displacement piles, energy piles, compaction grouting, bi-modulus column rigid inclusion, and controlled modulus column rigid inclusion.

For work performed in New Jersey (Local 474 territory), Pennsylvania, and Delaware, the employer agrees to hire one Pile Driver journeyman when performing stone columns, aggregate piers, vibropiers or geopiers. One Pile Driver journeyman shall cover up to and including four (4) rigs. These rigs will include all predrill rigs, stone column/aggregate pier rigs or geopier rigs required to perform the work.

(q) All work involved with the installation, maintenance, and removal of “Wave Energy” equipment/systems.

This Article 2, Section 2, Subsections (a) to (q) inclusive, are jurisdictional clauses and it is not to the intendment of the parties under any circumstance that they shall be construed to increase the gang size of any gang. This clause shall also be applicable to Article 18 relating to the Apprenticeship Training Program.

Section 3. DIVE, OFFSHORE & HYPERBARIC TUNNEL WORK

Dive Work

(a) Diving and/or Diving Work, is to be defined herein as any type of work performed by anyone who is certified as a Commercial Diver, in any body of water, or in anything that contains any type of liquid breathing supplied air.

(b) Commercial Diver is a diver certified in compliance with the standards set forth by

ANSI/ACDE-01-2009, and/or a US military equivalent. SCUBA training shall not be considered a sufficient qualifying standard.

(c) Tending shall be defined as any support provided to the diver by any employee who is a

Commercial Diver.

(d) Tender shall be a Commercial Diver.

(e) Standby Diver is an employee who is a Commercial Diver designated to provide in water emergency assistance to a Diver in need.

(f) All members of a Dive Team will be Commercial Divers meeting the requirements as specified in this Agreement. Divers will tend other divers. A minimum of three (3) Divers will make up a Dive Team. No member of the Dive Team shall be assigned any work that is not in support of the in-water Diver.

Diving Work Covered by this Agreement

(a) Such work includes, but is not limited to, all underwater salvage, construction, inspection or maintenance and repair, including, but not limited to:

1) All offshore structures;

2) The submerged portion of all docks, piers, water intake systems, water discharge systems, and water treatment plants and their associated systems;

3) The submerged portions of all water intake/discharge systems and their associated trash racks, traveling water screens, stop logs, sluice gates, and/or supporting structure;

4) Hand dredging of all intake or discharge systems;

5) Operation of hand jetting equipment for any use;

6) All installation, inspection, or maintenance of the submerged portions of all tide gates;

7) All installation, inspection, or maintenance of the submerged portions of marine structures including installation, coating, modification or replacement;

8) The submerged portion of all cathodic protection systems;

9) All underwater inspection of marine structures;

10) All diving conducted in the fuel pool, torus tube, suppression pool, or containment of nuclear generating facilities;

11) All inspection, maintenance, and/or repair of any equipment or machinery associated with any system of water distribution or storage, including but not limited too; any water storage tanks that are above or below ground, or any type of water reservoir system.

12) Repairs, inspection and/or modification of any sanitary system, storm water system, and/or their related submerged components.

13) All the inspection, maintenance, and/or repair of anything located below the water line on any ship, barge, tugboat or other unspecified floating means of conveyance either international or domestic.

14) The placement of caissons;

15) All underwater burning or underwater welding operations;

16) All submerged cable and/or pipeline installations, inspection or maintenance, including all of the underwater work associated with the installation of any offshore windmills and/or submerged turbines;

17) All wraps, jackets, anodes, or coatings applied to piling;

18) Any installation and/or maintenance of stop logs or trash racks and their associated systems at hydroelectric generating facilities, or any other facility that utilizes such equipment;

19) All installation, inspection, or removal of scour protections systems;

20) All underwater installation, inspection, or removal of grout or concrete and associated form work;

21) Operation or support of remote observation vehicles (ROV), autonomous underwater vehicles (AUV), atmospheric dive suits (ADS), submersible pilots and robotic underwater tools or equipment that is used in place of an actual diver and

22) The operation and on-site maintenance of any equipment utilized during the course of work performed under the jurisdiction of this Agreement, including but not limited to, the diver’s air compressor, hot water unit, hydraulic power unit for tools or pumps, pumps utilized for jetting or water dredging, compressors for tool air or airlifting, welding and/or generators when used for underwater burning and welding or the running of submersible pumps and boats, regardless of size or conformation.

23) All work involved with the installation, inspection or removal of “Porta Dam” type equipment/systems.

Wage Rates for Divers and Tenders

a) Divers and Tenders

The basic Divers Rate shall be the then-current Journeymen’s rate identified in this Agreement, plus 25%. The Tending rate shall be the then-current Journeymen’s rate.

b) Dive Team Foreman A Dive Team shall have a designated Dive Foreman to be paid the then current Dive Rate. The number of divers in excess of (3) who are placed under the supervision of the Dive Team Foreman shall be at the discretion of the Employer.

c) Diving in Contaminated Water

Diving in contaminated water (including, but not limited to, radioactively contaminated water, sewer effluent combined sanitary and storm sewers, or any environment known to be harmful to those with skin contact) will be considered contaminated diving. The Diver shall be given adequate paid time at the completion of a contaminated dive to clean any personal equipment used in the dive. Should the equipment be unable to be placed in serviceable condition after a contaminated dive the Contractor will replace it with the same or better equipment. Dive Teams participating in a Contaminated Dive shall be paid a 20% increase in the appropriate wage rate in addition to the regular Dive wage rate.

d) Any Commercial Diver performing work in water above his or her waist will be paid the then current Dive Rate.

e) Penetration Diving

Penetration Diving is defined as any diving taking place where the diver does not have direct vertical access to the surface. Dives of 100 feet or less conducted under relieving platforms or piers are not penetration diving. Divers performing Penetration Dives shall receive $1.00 per foot per day in addition to their regular Dive Rate.

Penetration Pay will apply to the diver in an Atmospheric Diving Suit.

f) Depth Pay

Depth pay for air or mixed gas dives will result in the following compensation for Divers in addition to their regular Dive Rate:

0 to up to 60 feet no extra compensation 60 feet up to 100 feet $.50 per foot/per day 100 feet up to 150 feet $1.00 per foot/per day 151 feet and up $1.50 per foot/per day

Depth pay premiums will not apply to the ADS or submersible pilot because these personnel are not exposed to physiological hazards normally associated with deep diving and/or decompression.

g) Diver Apprentice Training/Apprentice Rates

The parties agree to create an apprentice rate for Divers and Tenders. All new Apprentices registered after May 1, 2019, will make apprentice benefits and wages when either diving or tending at the following percentage of the appropriate diver or tender wage:

Year 1 70% Year 2 75% Year 3 80% Year 4 85%

Apprentice Diver and or Tenders may be employed at a ratio of 1 apprentice in 4.

Atmospheric Dive Suits, Submersible Pilots

(a) The entire crew supporting Atmospheric Diving Suits and/or Submersible Pilots operations will be paid the Divers’ rate. The pilot of a submersible or the diver in an Atmospheric Diving Suit will be paid at 1-½ times the Diver Rate for time submerged; a two-hour minimum will apply.

(b) The support crew will be defined as those personnel fully trained and individually capable of piloting the ADS or submersible system. The base pay rate will be equivalent to Diver Rate, in recognition of the specialized training required to support this equipment. In the event additional personnel, who are not fully trained and capable, are utilized in the support crew the base rate will be the Tender rate.

Overtime Wage Rates for Divers

Once an individual has started overtime, all subsequent work shall be at the overtime rate until the individual has been given eight (8) hours down time off site or in a mutually agreeable accommodation.

Start Time for Divers

(a) Start time: Divers shall be paid at the appropriate rate for dressing and undressing.

Meal and Coffee Break

(a) Meal and Coffee Break: Dive teams shall be given a fifteen (15) minute paid break after the First two (2) hours of work. Divers may take their hats off, during such breaks, but shall not undress.

(b) Dive teams shall be given one half-hour (1/2 hour) of unpaid time for lunch.

(c) When required to work through lunch, the time missed for lunch will be paid at the time and one-half (1-½) rate. All other time, up to 8 hours, will be paid at the regular straight time rate.

Inclement Weather

When working as part of a dock builder crew the Dive Team shall continue to work independently when the dock builders withdraw due to inclement weather as safety permits, as determined by the Foreman. The employer agrees to provide adequate shelter and/or rain gear if the Dive Team is performing work in inclement weather.

Decompression and Recompression

Chamber Operation: Time spent in decompression will be considered work time and paid at the appropriate Divers’ hourly rate of pay. In addition, the Chamber Operator will be paid at the Divers’ hourly rate of pay.

Standby Time

(a) Time waiting to go to work or standing by in case the team is needed is paid at Tenders rate, which is equivalent to regular Journeyman’s rate, for the crew, and Diver’s rate for the Foreman.

If a Diver enters the water at any point during any portion of a paid shift, the entire Dive Team will be paid the appropriate rates for a minimum of eight (8) hours.

(b) When a Diver is required to stand by in dive dress as a safety stand-by Diver, he or she will be paid at the Diver’s rate of pay.

Safety of Employees and Tools

(a) Equipment: Diver shall provide his own wet suit, weight belt, harness, bail out bottle and whip, gloves, boots and hand tools at no cost to the contractor. This equipment will be considered the Divers Personal Dive Gear.

(b) Gear Rental: When the employer requires a diver to provide his own certified hat, the employee shall be paid a daily hat rental fee of $25.00 (Gear Rental shall be included in the wages due to be paid the employee)

(c) If a dry suit is required, the diver must provide it. Rental for a Diver-supplied dry suit is

$25.00 per day. At his option the Contractor may provide a company dry suit, providing that the dry suit is fully functional, and it fits properly.

(d) No Diver shall rent a dive station, air compressor, dive umbilical, radio, and/or hot water machine to any contractor signatory to this Agreement. No member of the Union shall rent any equipment whatsoever to any contractor who is not signatory to this Agreement or with the

Tools of Trade

(a) Any equipment and/or machinery required for the performance of diving-related work will be considered a tool of the trade. Their operation and maintenance shall be controlled by the members of the Dive Team only. Heavy equipment not listed below and requiring specialized licenses to operate (such as cranes) shall be exempted from this clause.

(b) Diver’s air compressor, hot water unit, hydraulic power unit for tools or pumps, pumps utilized for jetting or water dredging, compressors for tool air or air lifting welding and/or generators when used for underwater burning and welding or the running of submersible pumps and boats regardless of size or conformation shall be considered tools of the trade and operated and maintained by members of the Dive Team only.

Manning Requirements

(a) The minimum three-man Dive Team will be composed of the following Dive related positions:

(1) Dive Foreman, to be paid Dive Rate to supervise all Dive related operations; (2) Diver, who will perform all Dive related tasks at hand and be paid accordingly; and (3) Tender, who will provide Tending support to the in water Diver, to be paid accordingly, and who may also be designated as the Standby Diver.

Dive Safety Standards and Tables

(a) All dive operations will be conducted in accordance with the safety standards as determined by the governing agency holding jurisdiction over the manner in which commercial diving operations are conducted in that area, such as, but not limited to, the U.S. Coast Guard, OSHA, the United States Navy, and the U.S. Army Corps of Engineers.

(b) The most current version of the US Navy Dive Tables shall be used in the calculation of all decompression operations.

Diver Shelter

Regardless of the duration of the job, the Employer shall furnish a suitable shelter, room or trailer for the use of employees only, in which the employees may change clothes and store their tools. The shelter, room or trailer shall be properly lighted, properly ventilated in summer and heated in winter and be of sufficient size to permit the employees to sit and eat their lunch.

Personal Dive Gear Provisions

(a) In the case of a certified commercial dive helmet that is owned by a Diver, not the Employer, that is lost or stolen, no one but the actual owner of the certified dive helmet is responsible for the replacement or reimbursement of any portion of the cost to replace said dive helmet. If the certified helmet that is owned by the Diver, not the Employer, is damaged beyond the point of repair in the line of work then the contractor shall replace the helmet.

(b) Upon hiring of a new Diver, the contractor shall be furnished with an inventory of the individuals own Personal Dive Gear as a condition of employment. This list may include any Personal Dive Gear like a bail out bottle, dive boots, wet suit, weight belt, harness, and/or knife, except a certified commercial dive helmet. Upon inspection, and confirmation of the presence of the Diver’s Personal Dive Gear upon arrival, the contractor is required to sign the inventoried list by the end of the first workday. The contractor is only responsible for any Personal Dive gear, except a commercial dive helmet, that is lost, stolen, and/or damaged beyond repair, which is listed on the Personal Dive Gear inventory list signed by the contractor.

(c) In the case of Personal Dive Gear as defined in this Agreement, the Employer will not be required to reimburse the employee for an inventoried diving equipment loss beyond $1,000.

Diver Carried Certifications

(a) It shall be the responsibility of each Diver to 1) have an annual physical certifying him fit for

Diving; and 2) a current certification in CPR, First Aid, oxygen administration, and OSHA 10- Hour. This documentation should be provided by Divers to the Union and provided to Employers upon request. The physical will be in a format mutually agreed upon by the Union and the employer. Said physical shall be at the Diver’s expense.

(b) A copy of the above current documentation will be provided by the Union for any Dive Team member referred to work by the Union.

(c) The employer will have the authority to designate what diver shall perform a specific task as it relates to their particular commercial diving skills and ability. This authority in no way allows the contractor to make exceptions to the definition and/or requirements necessary to be considered a Commercial Diver as previously defined.

Special Qualifications

If a job requires specialized certifications and/or accreditation, and the Union is unable to refer a member possessing those qualifications, then a qualified non-member with the needed certifications and/or accredited qualifications can work as a member of the team, with the approval of the Business Representative. Said individual, if approved, shall be paid the then current prevailing wage rate as determined for that work at that location. It is specifically understood that any such approval is on a job-by-job basis, and any such approval applies only to the particular job on which the request for accommodation was made. Before considering approval, the Employer is to provide the Business Representative documents in support of the request, including, but not limited to, any bid documents, work plans, or blueprints so as to confirm the need for a Diver that possesses a certification and/or accreditation that cannot be provided from within the membership by the Union.

Apprentice Training for Commercial Divers

All apprentices certified as commercial divers enrolled in the Union’s apprentice training programs will participate in required diver training, including but not limited to, CPR, First Aid, OSHA 10, DAN Oxygen Administration and any other necessary certifications pursuant to diving operations that may be required by the client or any governing agency.

Offshore Work

(a) Offshore Work shall mean and apply when members of the Union are required to travel offshore to a work site and are required to live aboard employer provided accommodations during off-shift hours.

(b) Offshore work conditions – The following conditions will apply for work covered by this

Agreement that will be performed offshore:

1. It is the intent to rotate crews at four (4) week intervals, unless otherwise mutually agreed upon by the employer and the union.

2. Job site shall mean that point of the beach from which pickup is made for transportation of employees to the work site.

3. All Transportation shall be employer provided from the job site to the work site.

4. Offshore work site shall include living quarters. Meals shall be provided.

5. Living conditions on shore or aboard offshore vessels and structures shall comply with Code of Federal Regulations Title 46, Section 108.

6. Travel time will be paid from the job site to the work site and from the work site to the job site.

7. Employees arriving at the offshore site who are ready for work, but are unable to start their assigned shift, due to conditions beyond their control, will be paid for the entire shift at the appropriate rate (i.e. basic rate, 1.5, 2x’s rate) plus fringe benefits.

8. If the employee is required to arrive before the start of the shift, they will be paid at the appropriate rate (i.e. basic rate, 1.5, 2x’s rate) plus fringe benefits.

9. Employees shall be paid a minimum of one (1) shifts wages and fringe benefits, at the appropriate rate during each 24-hour period.

10. Shift times and duration will be determined at a pre-job conference. Any deviation or change in shift times shall be by mutual agreement between the contractor and the union.

11. All overtime will be in accordance with the overtime provisions set forth in this Agreement.

12. Horizontal Directional Drilling:

At a minimum one (1) Pile Driver Journeyman will be employed for each “HDD” rig when engaged in pipeline and cable work. This provision will apply when working on a shoreline and offshore and will only be applicable for Offshore Energy/Wind Projects.

Hyperbaric Tunnel Work

Hyperbaric Tunnel Crews perform work in two pay classifications as follow: Crew Tender pay classification for work occurring below the portal collar but outside the hyperbaric chambers and Hyperbaric Worker pay classification for workers in pressurized chambers. For uniformity in dispatch purposes, the dispatch rate shall be for the Hyperbaric Worker Classification.

Either pay classifications may apply for a worker depending on work area during any given shift or hyperbaric intervention but the worker shall receive a minimum of four (4) hours Hyperbaric Worker pay at the applicable rate whenever a worker enters a pressurized chamber during a shift.

Apprentices may not be utilized on Hyperbaric Tunnel work.

A copy of the appropriate Rules and Regulations must be on the jobsite and be available to all Members of the Hyperbaric Tunnel Crew.

Basis of Pay

The hourly pay rate for the Crew Tender classification shall be Pile Driver Foreman rate contained in the applicable geographic area.

The hourly pay rate for the Hyperbaric Worker classification working at pressures up to 30.00 PSI in each geographic area shall be equal to the Pile Driver rate contained in the geographically applicable Principal Agreement + 33%.

In addition, Hyperbaric Worker working at pressures over 30.00 PSI shall receive hourly rates as detailed in the table below for time spent in pressurized chambers. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during a shift shall be used in determining the applicable rate. These rates shall also apply for calculating overtime.

00.00 psi – 30.00 psi 100 % of Hyperbaric Worker rate

30.01 psi – 44.00 psi Hyperbaric Worker rate + $ 5.00

44.01 psi – 54.00 psi Hyperbaric Worker rate + $ 9.00

54.01 psi – 60.00 psi Hyperbaric Worker rate + $14.00

60.01 psi – 64.00 psi Hyperbaric Worker rate + $16.50

64.01 psi – 68.00 psi Hyperbaric Worker rate + $21.50

68.01 psi – 70.00 psi Hyperbaric Worker rate + $23.50

70.01 psi – 72.00 psi Hyperbaric Worker rate + $25.50

72.01 psi – 74.00 psi Hyperbaric Worker rate + $27.50

Rates for pressures beyond 74 PSI will be determined on a per job basis.

Benefit rates shall be as required in the Principal Agreements.

The maximum dues deduction shall be based on the Hyperbaric Worker Rate.

Working Conditions

The Employer shall establish and maintain a change house within reasonable distance from any pressurized work area which shall include showers, toilet facilities lockers and heating and drying facilities in accordance with the size of the crews.

In addition to the items listed in the Principal Agreement, the Employer shall furnish Personal Protective Equipment (PPE).

Foreman and Medical Technicians shall receive an additional 10% per hour above the Hyperbaric Worker rate of pay. Foreman supervising crews using mixed gas will receive an additional $5.00/hour Premium. Hyperbaric Supervisors in charge of the intervention shall receive an additional 10% per hour above the Foreman.

Only competent and qualified journey level workers shall operate air locks. Outside lock tenders and gauge tenders not working under pressure shall be paid at the Crew Tender Pay rate.

No employee shall work more than one shift at straight time in any 24-hour period, although when required to return for additional decompression in the medical decompression chamber, the time spent in medical decompression shall be paid at the straight time Hyperbaric Worker rate.

Medical examinations will be performed prior to and immediately following exposure to compressed air environments. These examinations shall be provided by the employer at no cost to the employee and time for such examinations shall be paid at the appropriate Crew Tender rate of pay.

When it has been determined by the medical facility that an employee cannot return to work because of complications resulting from working in a pressurized environment, they shall be allowed as many shifts off without penalty as required to allow the complications to heal. The employee will not be paid for the lost shifts unless required by Federal, State or Local law.

Overtime pay shall be as specified in the ACCNJ & Wharf and Dockbuilders Association of Philadelphia and Vicinity Agreement and shall be computed based on the classification of work being done during the overtime hours.

Saturation Hyperbaric Tunnel Work

(a) Consists of Hyperbaric Worker living under pressure continuously until a work task is complete and then decompressing at a saturation decompression profile. It shall be permissible to saturate two (2) Hyperbaric Worker to complete a work task that prohibits short duration Hyperbaric Work with a minimum crew of sixteen (16) men/women, plus additional personnel as required.

(b) On saturation work, where more than two (2) Hyperbaric Worker are required to be saturated (Work is required around the clock) the minimum crew will be a total of twenty-three (23) men/women.

Crew Size Concerning Bounce and/or Saturation Hyperbaric Worker:

Saturation Crew Breakdown for one bell run per day:

Hyperbaric Superintendent

1 - Hyperbaric Supervisor 3 –Technicians (Saturation Tech) 4 - Manifold Operators (L.S.T. Life Support Technician) 4 - Crew Tender 1 - Medic 2 - Saturation Hyperbaric Worker

Saturation Crew Breakdown for two bell runs per day:

1- Hyperbaric Superintendent 2 - Hyperbaric Supervisor

4 –Technicians (Saturation Tech) 4 - Manifold Operators (L.S.T. Life Support Technician) 6 - Crew Tender 2 - Medic 4 - Saturation Hyperbaric Worker

In the event that any of the Saturation HYPERBARIC crew is on paid Stand-By alert finds it necessary to go off alert, they will be off the payroll during the time they are not on alert and the contractor will hire a person on a temporary basis to replace them.

Wages (Daily Rate) Hours and Overtime for Pressurized Saturation Hyperbaric Worker

1. Saturation Hyperbaric Work: Saturation Hyperbaric worker will be paid the Hyperbaric worker rate until saturation starts. Once under pressure, the rate will be 24 times (24 X Rate = Day Rate) the straight time Hyperbaric Worker pay at applicable depth rate. The pay remains the same for either on work or off workdays under pressure. This rate constitutes payment for the entire 24-hour period measured from midnight to midnight.

(Monday through Friday)

2. Hyperbaric Superintendent: Hyperbaric Superintendent shall receive Hyperbaric worker rate at the depth plus five dollars ($5.00)

3. Hyperbaric Supervisor: Hyperbaric Supervisor shall receive Hyperbaric worker plus one dollar fifty cents ($1.50) per hour.

4. Emergency Medical Technician or Diver Medical Technician (EMT or DMT): EMT’s or DMT’S when performing as a member of the dive team as crew tender or technician will receive their applicable rate plus one dollar ($1.00) per hr.

5. Technicians: All other technicians and support personnel will be paid at the Crew

Tender rate.

6. Manifold Operator (LST): Manifold Operator shall receive Crew Tender scale, plus five dollars ($5.00) per hour.

7. Stand-By Alert Time: Stand-By alert time shall be one Stand-By shift per twenty-four

(24) hours.

8. Stand-By pay: Crews/Teams are to receive a minimum of Eight (8) hours Stand-By pay per day.

9. Weekend and Holiday Overtime: All work on Saturday will be paid at time and one-half (1 ½ x) the regular hourly wage rate. All hours worked on Sunday and holidays will be paid at double (2x) the wage rate.

10. Support Personnel: When twelve (12) hour shifts are worked, the starting time for each shift shall be established within one (1) hour of 12:00 a.m. and 12:00 p.m., unless mutually agreed to the contrary by the parties. The pay for the first eight (8) hours of any twelve (12) hour shift, Monday through Friday, shall be paid at the regular hourly wage rate (1x), and time and one-half (1½x) the regular hourly wage rate shall be paid for the balance of the shift.

11. Saturation Crew: Overtime for workers under saturation begins Friday at midnight and ends at midnight on Sunday.

a. All Holidays, or days celebrated as listed in the area Master Labor Agreement shall be paid at double the straight-time rate.

b. On Saturdays, employees under pressure shall be paid 24 hours of time and one half or actual hours worked (under pressure) if less than 24 in a given day Overtime = 1 ½ X straight time

c. On Sundays, employees under pressure shall be paid 24 hours of double the straight time rate or actual hours worked (under pressure) if less than 24 in a given day Double Time 2 X straight time.

Section 4. DIVE WORK PROVISIONS

When Divers perform work on non-construction projects including but not limited to emergency or routine maintenance, inspection, survey, salvage and service work, and said work is not covered by a Project Labor Agreement (PLA) or Prevailing Wage, the following conditions shall apply:

1. Dive Team Foreman shall not be guaranteed eight (8) hours a day or forty (40) hours per week.

2. Divers shall not be entitled to holiday pay unless working a full workday at the same work site for the workday immediately prior to and following the holiday.

3. Divers shall not be limited in their start time; no special compensation will be required for starting shifts at any time of day, unless on a public project where it is dictated by prevailing wage and/or a PLA.

4. Time spent setting up the dive station, breathing apparatus or the communication system shall be included in the two (2) hours for show-up time. There is no minimum four (4) hours of pay for set up. If the Dive Team is on site for more than two (2) hours, then they will be paid a minimum of four (4) hours; if the Dive team is required to remain on site after four (4) hours, then they will only be paid for time for which they remain on site.

5. For Dive Shelter, a van or covered truck will be considered acceptable.

ARTICLE 3

Non-Discrimination:

1. The Union and the Employer agree to abide by all Executive Orders and subsequent amendments thereto, regarding the Civil Rights Act of 1964, pertaining to non-discrimination in employment, in every respect, subject however to the rights of the parties to contest the illegality of any such Orders or Amendments in a court of law.

2. Whenever an imposed minority hiring plan or a voluntary hiring plan shall provide for the employment of trainees, they shall be employed subject to the terms and conditions of this Agreement to the extent that such minority hiring plan shall permit.

3. The Association agrees to cooperate with the Eastern Atlantic States Regional Council of Carpenters (EASRC) in the development and implementation of uniform procedures for meeting requirements of minority hiring plans on a statewide or regional basis so as to eliminate the multiplicity of conflicting plans now being developed on a job-by-job basis. Nothing herein shall preclude either party from participating in a voluntary plan, nor shall anything herein require either party to enter into a voluntary plan.

ARTICLE 4

Territorial Jurisdiction/Hiring

Section 1.

(a) This Agreement shall apply to work within the following territory: The counties of Philadelphia, Delaware, Bucks, Montgomery, Chester, Lehigh, Northampton, Carbon, Berks and Lancaster in the state of Pennsylvania; Southern New Jersey, including the counties of Ocean, Burlington, Camden, Atlantic, Cape May, Gloucester, Cumberland and Salem; all of the state of Delaware; and in northern Cecil County and the counties of Kent, Queen Anne, Talbot, Caroline, Dorchester, Wicomico, Somerset and Worchester in the state of Maryland;

the entire Chesapeake and Delaware Canal; and all the Tidewaters of the Delaware River south of the New York State Line. The rates for Kent County, Sussex County, and the Counties of the Eastern shore of Maryland to remain frozen until they prevail at the State/s level.

The Employer further agrees that all work performed in the Commonwealth of Virginia; the remaining counties in the state of Maryland (except for Garrett, Allegany and Washington);

and Washington DC, shall be performed pursuant to all of the terms and conditions, including the base hourly wage and fringe benefit rates paid for such work, as contained in the Collective Bargaining Agreement negotiated with the appropriate employer association for those area as designated by the Council.

Sussex and Kent counties in the State of Delaware will adopt the KML Pile Driver “Baltimore District” CBA wage and fringe benefit package but will recognize the Philadelphia CBA wage/fringe benefit package and conditions for all offshore energy projects developed in the jurisdiction of these two counties.

The Eastern Shore of Maryland will also adopt the EASRCC Pile Driver-Diver “Baltimore District” CBA wage and fringe benefit package but will recognize the Philadelphia CBA wage/fringe benefit package and conditions for all offshore energy projects developed in the jurisdiction of these counties.

All work identified in Article 2 taking place anywhere off the coast and in the ocean adjacent to the jurisdiction of the Union, will be considered offshore work, and shall be work performed by the members of the Union.

(b) This Agreement shall apply to the Employers listed in Schedule “A” attached hereto and hereby made part of this Agreement, and to such other contractors or employers as during the lifetime of this Agreement become members of the Associations. The Associations hereby represent that each of the Employers so listed is a member of one of the Associations and that the Associations are executing this Agreement on behalf of each such Employer pursuant to authority duly granted by each such Employer. The Associations will advise the Union immediately of the admission of any new member to one of the Associations of the withdrawal, suspension, or expulsion of any Employer from the Associations, and of the termination by any other means of any Employer’s membership in the Associations.

(c) To protect and preserve, for the employees covered by this Agreement, all work they have performed, and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows:

If the contractor performs on-site construction work of the type covered by this Agreement, under its own name or the name of another as a corporation, company, partnership, or other business entity including a joint venture, where the contractor through its officers, directors, partners or owners exercises directly or indirectly, management control, the terms of this Agreement shall be applicable to all such work.

This Agreement shall also apply to any contractor or employer who becomes party to this Agreement independently of the Associations by virtue of signing a consent and approval statement for an individual employer.

Section 2.

(a) The Employer recognizes the parties of the second part as the exclusive representative for purposes of collective bargaining and the adjustment of grievances of all employees to whom this Agreement is applicable.

(b) The Employer agrees that any work of the nature set forth in Section 2 & 3 of Article 2 of this

Agreement, performed by or for the Employer, is and shall be assigned by the Employer to employees covered hereby and represented by the parties of the second part, and further agrees to recognize and observe the jurisdictional rights and claims of the Eastern Atlantic States Regional Council of Carpenters, and employees represented by them to such work.

(c) “Surveying and Lay-Out work falls within the work jurisdiction of the Eastern Atlantic States

Regional Council of Carpenters. This work will be performed by a contractor that has an agreement with the Eastern Atlantic States Regional Council of Carpenters (“Council”) when the project falls within the geographical area of the Council.

(d) It is the responsibility of the Employer to report all job starts to the Council in writing as soon as possible prior to the start of the job, but not less than 48 hours prior to the start of the job, on the proper Job Start Information Sheet provided by the Council, and all information will be provided in its entirety.

Section 3. Labor-Saving Devices. There shall not, during the term of this Agreement, be any restriction on the use of machinery or labor-saving devices on work covered hereby. If any machines or labor-saving devices are used, same shall be furnished by the Employer and faithfully operated by the workmen. The introduction of such machinery or labor-saving device shall not be deemed in any way to alter or affect the other provisions of this Article 3.

Section 4.

(a) The parties of the second part will attempt to furnish qualified personnel to the Employer, within forty-eight (48) hours, Saturdays, Sundays and holidays excepted, after receipt by the parties of the second part of a request from the employer for workmen. It is understood, however, that the Employer may also hire such other qualified personnel as may be required for his work.

(b) Each employee who, on the date of the execution of this Agreement, is a member of any Local Union affiliated with the Council, shall, as a condition of employment, remain a member in good standing of such Local Union for the life of this Agreement, irrespective of the Employer by whom he may be employed at any time during such period; any employee who, at the time of the execution of this Agreement, is not a member of any such Local Union and any person or employee who is hired by any Employer and to whom this Agreement for the first time becomes applicable after the date of the execution of this Agreement, shall as a condition of employment, not later than the eighth (8th) day following his hiring or the eighth (8th) day following the execution of this Agreement, whichever is later, become and thereafter during the life of this Agreement, remain, a member in good standing of one of such Local Unions, irrespective of the Employer by whom he may be employed at any time during such period;

provided, however, that upon the repeal of the Labor Management Relations Act of 1947, or upon the amendment of said Act so as to make application of and compliance with the following provision “(b)” lawful, as well as in the case of an Employer to whom any time said Act is not applicable or over whom the National Labor Relations Board under its then obtaining policies will not take jurisdiction, the following provision “(b)” shall be applicable and complied with in the place and stead of those of the provisions of this Section (b) preceding the word “provided”:

(c) Each Employer shall employ only members in good standing of one of the Local Unions affiliated with the Council to perform any work of the types described in Article 2 hereof or which is within the jurisdiction of the Council. In the event the Council shall be unable to furnish the number of employees required by the Employer, the Employer may employ such other persons as may be required at the same rates and under the same conditions as herein set forth, provided such applicants for employment sign an application for membership in one of such Local Unions before they are employed, and shall be dismissed promptly upon notification from the Council that they have lost their good standing as members of such Local

ARTICLE 5

Wage Rates - Wage Payment

Section 1. Journeymen

The…