Glaziers_Local_1009_CBA-2023-26.pdf

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COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

DISTRICT COUNCIL 21

INTERNATIONAL UNION of PAINTERS and ALLIED TRADES

AND THE

NEW JERSEY GLASS AND METAL CONTRACTORS’ ASSOCIATION

EFFECTIVE

MAY 1, 2023

THROUGH

APRIL 30, 2026

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TABLE OF CONTENTS

ARTICLE 1 MUTUAL RECOGNITION 3

ARTICLE 2 JURISDICTION 5

ARTICLE 3 UNION SECURITY 7

ARTICLE 4 ADMINISTRATIVE DUES 7

ARTICLE 5 EXCLUSIVE HIRING HALL 8

ARTICLE 6 FUNCTION OF MANAGEMENT 10

ARTICLE 7 EFFICIENCY OF OPERATIONS 11

ARTICLE 8 APPRENTICES 12

ARTICLE 9 WAGES AND SCHEDULES 12

ARTICLE 10 REPORTING PAY 17

ARTICLE 11 TRAVEL AND AUTO EXPENSE 18

ARTICLE 12 HOURS AND OVERTIME 18

ARTICLE 13 HOLIDAYS 19

ARTICLE 14 CONTRACTURAL RELATIONS & OBLIGATIONS 19

ARTICLE 15 WORKING CONDITIONS 21

ARTICLE 16 FRINGE BENEFIT FUNDS 21

ARTICLE 17 INDUSTRY ADVANCEMENT FUND & POLITICAL ACTION FUND 24

ARTICLE 18 SAFETY 24

ARTICLE 19 UNION REPRESENTATIVE AND SHOP STEWARDS 26

ARTICLE 20 SUBCONTRACTING 27

ARTICLE 21 PRESERVATION OF WORK CLAUSE 27

ARTICLE 22 JOINT TRADE BOARD 28

ARTICLE 23 SUCCESSOR CLAUSE 30

ARTICLE 24 GENERAL SAVINGS CLAUSE 30

ARTICLE 25 MORE FAVORABLE TERMS 31

ARTICLE 26 NJ GLASS & METAL CONTRACTORS BARGAINING AUTHORITY 31

ARTICLE 27 DURATION CLAUSE 32

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AGREEMENT

This Agreement is between District Council 21/Local 1009, International Union of Painters and

Allied Trades, hereinafter referred to as the “Union” and New Jersey Glass and Metal

Contractors Association, hereinafter referred to as the “Association”.

ARTICLE 1

MUTUAL RECOGNITION AND RELATIONSHIP

1.1 The Association hereby recognizes Painters District Council 21, as the sole and exclusive bargaining agent, within the meaning of Section 9 (a) of the National Labor Relations

Act (“the Act”), of all full-time and regular part-time employees employed on all present and future job sites within the jurisdiction of the Union. Such recognition is predicated on the

Union’s demand for such recognition pursuant to Section 9 (a) of the Act, and on the Union’s presentation of a clear showing that the majority of employees in the bargaining unit are the members of the Union and desire the Union to act as their exclusive representative within the meaning of Section 9 (a) of the Act. The Employer acknowledges that it has reviewed the

Union’s showing and agrees that it reflects the employees’ desire to be represented by the Union under Section 9(a) of the Act. This contract replaces the previous

8(f) agreement.

1.2 The Union recognizes the Association as the exclusive bargaining agent for all contractor employers.

1.3 This Agreement shall apply to all employees performing the work of journeypersons or apprentices in the classification of Glazier for the Employer. In addition, whether or not specifically referenced herein, this Agreement also applies to all employees performing any trade jurisdiction work identified and described in Article 2.

(A) The terms of employment, wages, hours of work and working conditions shall be maintained on a consistent basis for all employers and employees.

(B) The parties agree that any employer member of the Association entered into this agreement has the option to adopt or work under any other agreements, or terms or provisions thereof, which the Union has entered into with any other Employer performing such work.

1.4 The terms of this agreement shall be binding upon the assigns and successors of the respective parties.

1.5 The employer agrees to register all jobs in excess of twenty-five thousand dollars

($25,000.00) through the District Council website, by mail, email or fax to the Union’s main or local office in the area where the job is performed at least 24 hours prior to starting any job. The original form shall be retained by the employer. Failure to comply is a violation of this agreement and is subject to a $500.00 fine which must be paid to the Joint Trade Board before continuing work on said job.

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1.6 All employers shall report to the Union the loss of any contract to a non-signatory contractor.

1.7 The contractor or employer party to this agreement, when engaged in work outside the geographical jurisdiction of the Union party to this agreement, shall employ not less than fifty percent (50%) of the workers employed on such work from the residents of the area where the work is performed or from among persons who are employed the greater percentage of their time in such area.

The Employer party hereto shall, when engaged in work outside the geographical jurisdiction of the Union party to the agreement, comply with all of the lawful clauses of the collective bargaining agreement in effect in said other geographical jurisdiction and executed by the employers of the industry and the IUPAT affiliated union in that jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits and procedure for settlement of grievances set forth therein; provided however that where no affiliated union has an agreement covering such out-of-area work, the Employer shall perform such work in accordance with this agreement; and provided further that employees from within the geographic jurisdiction of the

Union party to this agreement who work in an outside jurisdiction at the Employer’s request (but not employees who travel to the jurisdiction to seek work or who respond to a job alert issued by the IUPAT shall receive:

(a)Contributions to their home benefit funds at the rate called for in their home agreement and

(b) wages equal to the higher economic package minus the amount of contributions paid under

(c). This provision is enforceable by the union in whose jurisdiction the work is being performed, either through the procedure for settlement of grievances set forth in its applicable collective bargaining agreement or through the courts and is also enforceable by the Union party to this agreement, either through the procedure for settlement of grievances set forth in this agreement or through the courts. On a monthly basis, the Employer shall provide the affiliated Union in whose area the work is performed with documentation that it has made fringe benefit contributions to the home local funds for all employees brought into the jurisdiction by the

Employer.

1.8 Employees covered by this agreement have the right to respect any legal picket line validly established by a bona fide labor organization; the Union has the right to withdraw employees subject to this agreement if the employer is involved in a legitimate primary labor dispute with a bona fide labor organization.

(A) It shall not be a violation of this agreement, and it shall not be cause for discharge or disciplinary action, if any employee refuses to perform any service which his or her employer undertakes to perform for an employer or person whose employees are on strike, and which service, but for such strike, would be performed by the employees of the employer or persons on strike.

1.9 An employer shall not engage in work covered by the agreement through the use or device of another business or corporation which such an employer owns or controls through the use or device of a joint venture with another employer or contractor without first consulting with the

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Union to establish to the union’s satisfaction that the use of such device is not for the purpose of taking advantage of lower wages or conditions in effect in the area where said device is sought to be used. If the Union is not satisfied, it may resort to all legal or economic recourse, including cancellation of this agreement with said employer, notwithstanding any other provision of this agreement.

1.10 An employer from another territorial jurisdiction who has work to be performed in the territory of District Council 21 and seeks persons to perform the work, shall employ persons from the registration list in the ratio of one (1) person from said list to one (1) person from other sources. Employers from another territorial jurisdiction who bring employees from another jurisdiction to perform work in the territory of District Council 21 shall be entitled to receive wages, fringe benefits, and conditions effective in the territory of District Council 21 or their home jurisdiction, whichever is more favorable to such employee.

1.11 (A) It is stipulated and agreed that the below named officer is the authorized

Representative of the Union:

Michael Laughlin, Assistant Business Manager/Secretary Treasurer

(B) It is stipulated and agreed that the below named officer is the authorized

Representative of the Association:

Bernard Gingras, Executive Director

(C) In the event that either representative is no longer authorized by their respective organizations, that party shall provide the other party with the name and address of the new authorized representative by registered letter, return receipt requested.

ARTICLE 2

JURISDICTION

2.1 The territorial jurisdiction of the Union shall include following counties in the State of

New Jersey. Sussex, Passaic, Bergen, Hudson, Warren, Morris, Essex, Union, Hunterdon, Somerset, Middlesex, Mercer, Monmouth and parts of Burlington and Ocean. The boundary in

Burlington and Ocean are as follows; From Florence, NJ, Route 656 to Old York Road, to Route

543, then left on Route 543 to Columbus, take Route 206 south to Jobstown, Route 537 to Route

68, then right on Route 68 to Pemberton-Juliustown Road to Pemberton, then Route 530 to

Browns Mills, follow Route 530 (Route 70) to Whiting, Route 530 east to Route 9 south to

Route 166. Everything north of this boundary belongs To IUPAT District Council 21 including

Seaside Heights. All points south belong to IUPAT District Council 21 including Seaside Park.

2.2 The union shall have jurisdiction over:

Glaziers, Architectural Metal and Glass Workers: General Glazing will include, but not be limited to: (1) the installation, setting, cutting, preparing, fabricating, distributing, handling or removal of the following: Glass and Glass substitutes used in place of glass, pre-

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glazed windows, retrofit windows systems, mirrors, curtain wall systems, window wall systems, suspended glass system, louvers, photovoltaic and other collection systems, skylights, entranceways including automatic doors, patio doors, store front, column covers, panels and panel systems, glass hand rails, decorative metal as part of the glazing system, and the sealing of all architectural metal and glass systems for weatherproofing and structural reasons. Art glass, prism glass, beveled glass, leaded glass, automotive glass, protection glass, plate glass, window glass, wire glass, ribbed glass, ground glass, colored glass, figured glass spandrel glass all types of opaque glass, glass marker boards, structural glass, tempered and laminated glass, neoprene gaskets, all types of insulating glass units, all plastics or other similar materials when used in place of glass to be set or glazed in its final resting place with or without putty, vinyl, molding, rubber, lead, sealants, silicone and all types of mastics in wood, iron, aluminum, sheet metal or vinyl sash, doors, frames, stone wall cases, show cases, book cases, sideboards, partitions and fixtures, vertical and horizontal sunshades, light shelf, demountable partitions, fire rated door assemblies, impact bullet resistant glass and framing; (2) the use of all tools and devices whether by hand, mechanical, hydraulic, electric and electronic devices traditionally used by Glaziers, Architectural Metal and Glassworkers but not limited to those specified as well as lulls, lifts, glass manipulators, staging and rigging in the installation of the above systems materials when in the shop or on the jobsite, either temporary or permanent, on or for any building in the course of repair, remodel, alteration, retrofit or construction; (3) the installation and welding of all extruded, rolled or fabricated materials including, but not limited to, all metals, plastics and vinyl’s, or any materials that replace same, metal and vinyl tubes, mullions, metal facing materials, corrugated flat metals, aluminum panels, muntins, fascia, trim moldings, porcelain panels, architectural porcelain, plastic panels, unitized panels, showcase doors, all handrails and relative materials, including those in any or all types of building related to store front, door/window construction and curtain wall systems; (4) the installation of automatic door entrances, door(s) and window (s) frame assemblies such as patio sliding or fixed doors, vented or fixed windows, shower doors, bathtub enclosures, storm sash where the glass becomes an integral part of the finished product, including the maintenance of all of the above; (5) Shop

Workers: bevellers, silverers, scratch polishers, abrasive blasters, flat glass wheel cutting, miter cutters, gravers, hole drilling, machine operations belt machines and all machines used in the processing of glass, automatic beveling, silvering, grinding, polishing, unpacking and racking of glass, packing glass, assembling, framing and fabrication and assembling of all insulated and non-insulated units, fabrication and mounting of mirrors and the operations of all machines and equipment for these operations; (6) the selecting, cutting, preparing, and installing of fused glass, thick facet glass in concrete and cementing of art glass, and the assembly and installing or removal of all art glass, engraving, etching, embossing, abrasive blasting, chipping, glass mosaic workers, cutters of all flat and bent glass; glass shade workers, and glaziers in lead or other metals; the fabrication and distribution of all glass and glass-related products; (7) any and all handling, unloading and loading of tools, equipment and materials will be performed by members of this International Union.

2.3 In the event the Employer exclusively assigns work under this Agreement to the Union, the Union shall be notified of such assignment in writing within sixty (60) days, or as soon as practical of the commencement of such assignment. In turn, the Union shall assure the

Employer that other trades shall not interfere with such assignment. In the event an adjustment in such an assignment results in requiring the Employer to adjust the assignment by employing a

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composite crew, the Employer shall receive work rule considerations in order to compensate for increased labor costs. In case of composite crews, Glaziers will permit other trades who are members of the composite crew to perform all required work on the job. However, the setting of glass shall be the exclusive right of the Glazier.

2.4 The forgoing is not all-inclusive and may be enlarged or otherwise changed by the action of the General Executive Board in a manner not inconsistent with the express provisions of the

Constitution provided, however, that any changes are approved by the association.

ARTICLE 3

UNION SECURITY

3.1 All present employees who are members of the Union on the effective date of this agreement or on the date of execution of this agreement, whichever is the later, shall remain members of the Union in good standing as a condition of employment. All present employees who are not members of the Union and all employees who are hired hereafter shall become and shall remain members in good standing of the union as a condition of employment on/or after the eighth (8th) day following the beginning of their employment, on and after the eighth (8th) day following the effective date of this agreement or on the date of execution of this agreement, whichever is later.

ARTICLE 4

ADMINISTRATIVE DUES

4.1 Every Employer signatory to this agreement hereby agrees to check-off from wages of any employee employed by such employer during the term of this agreement, administrative dues in the amount specified in the Union’s bylaws and to remit said amount to the Union in the following manner:

(A) The Union will notify the Employer in writing of the amount of administrative dues specified in the bylaws and will submit to the Employer a copy of the bylaws or the applicable bylaw provision.

(B) For each payroll period, the Employer will deduct from the wages of each employee the amount specified in the bylaws based on the gross wages earned during said payroll period and will accumulate said deductions to the end of the month. The Employer will remit said deductions to District Council 21 on or before the forty-fifth (45th) day following the last day of the month worked.

(C) When a member of another District Council or Local Union works for his/her home

Employer within the jurisdiction of District Council 21, the Employer will deduct from the employee(s), from the other District Council or Local Union, the amount specified in the bylaws of District Council 21 based on the gross wages earned during said payroll period and accumulate said deductions to the end of the month. The Employer will remit said deductions to District Council 21 on or before the forty-fifth (45th) day following the last day of the month worked.

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ARTICLE 5

EXCLUSIVE HIRING HALL

5.1 The Union shall be the sole and exclusive source of referrals of applicants for employment.

5.2 The Employer shall have the right to reject any applicant for employment. That rejection shall be in writing to the Union within twenty-four (24) hours.

5.3 The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or any other aspect or obligation of the Union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure set forth in this Article.

5.4 The Union shall maintain a register of qualified journeyperson applicants for employment, established on the basis of the following Groups listed. Each applicant for employment shall be registered in the highest priority Group in which he/she qualifies.

Applicants shall then be referred to available jobs by means of "Group priority" in the chronological order in which they register in the Group. When all qualified applicants in

Group I have been referred, qualified applicants from Group II shall be referred.

Group I: All qualified journeyperson applicants for employment who are residents of the geographical jurisdiction of Glaziers Local Union 1009 or those who have been employed for a period of at least one (1) year in the last four (4) years in the geographical jurisdiction of Glaziers Local Union 1009.

Group II: All other applicants for employment who satisfy the requirements for "qualified journeyperson" status.

For the purpose of satisfying the standard set forth in the Group I or Group II provisions, a "qualified journeyperson" shall be any applicant who has at least four (4) years of actual, practical working experience in the glass and glazing trade as a journeyperson or an apprentice; and

(1) Has successfully served an apprenticeship at the glass and glazing trade under an apprentice program established by an IUPAT affiliated District Council or Local Union; or

(2) Has passed an examination given by the District Council 21 Examining

Board; or

(3) Has successfully passed a competency examination that adequately tests the degree of skill and training necessary to be a competent journeyperson.

Definitions:

1. "Resident" means a person who has maintained his/her permanent home in the above-defined geographical area plus any contiguous area within a fifty (50) mile radius

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of the geographical boundary described above for a period of not less than one (1) year or who, having had a permanent home in this area, has temporarily left with the intention of returning home to this area as his or her permanent home.

2. "Examination" is defined to include only written and/or practical examinations given by the IUPAT District Council 21 FTI Apprentice Committee or the

IUPAT District Council 21 Examining Board, or by any duly constituted District Council or Local Union affiliated with the IUPAT.

If the registration list is exhausted, and the Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer's request, except Saturdays, Sundays, and holidays; the Employer shall be free to secure applicants without using the referral procedure. The Employer shall notify the Union within five (5) days of their date of hire of the names, addresses, and Social Security numbers of such directly hired employees. As a condition of employment on or after the eighth (8th) day following the beginning of their employment these new hires shall become and remain members in good standing of the Union.

5.5 Employers shall advise the Union of the number of applicants and any special skills and certifications needed. The Union shall refer applicants to the Employer by first referring applicants in Group I in the order of their places on the register, and then referring applicants in the same manner, successively, from the other groups. This provision, and the language set forth in Section 4 notwithstanding, an Employer shall be permitted to review the available names of applicants on the referral list and select individuals for referral as follows:

(A) The Employer may recall individuals who have been employed, by the

Employer within the past twenty-four (24) months, notwithstanding their place on the referral list; and

(B) The Employer may select individuals with special skills and certifications; and

(C) The Employer may select an individual by name, notwithstanding his/her place on the referral list provided the Employer hires the next individual needed from the list (at a minimum, every other referral must come from the chronological list in the applicable group).

5.6 For one (1) time project agreements and for organizing purposes the Union has the right to refer applicants for employment notwithstanding their place on the referral list.

5.7 Any applicant that is rejected by the Employer, shall be returned to his/her appropriate place on the list within his/her group, and shall be referred to other employment in accordance with the position of the group and his or her place within the group.

5.8 Any applicant who refuses two (2) offers of employment or quits a job he/she has been referred will have their named placed at the bottom of the referral list.

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5.9 Once an employee accumulates One month of employment collectively from signatory contractors of the IUPAT his/her name will be removed from the referral list.

5.10 When an employee is laid off from employment, he/she will call the Union office to have his/her name placed on the referral list in their appropriate group.

5.11 The provisions set forth in this Article notwithstanding, the right of any applicant for employment may be suspended in accordance with the following provision(s):

TOP WORKPLACE PERFORMANCE

A. Should any person referred for employment be terminated for just cause, his/her. referral privileges shall be suspended for two (2) weeks. Should the same individual be terminated for cause a second time within a twenty-four

(24) month period, his/her hiring hall referral privileges shall be suspended for two (2) months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his/her referral privileges shall be suspended indefinitely.

(B) A termination shall not be considered "for just cause" for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his/her termination, unless and until the grievance is resolved in a manner that affirms the termination for just cause. For the purpose of this provision, a decision of the District Council Joint Trade Board comprised of members as outlined in Article 22.1 and/or an arbitrator shall be final and binding.

(C) The provisions in subsections (a) and (b) notwithstanding, a Termination

Review Committee, composed of the members of the District Council Joint Trade

Board may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.

ARTICLE 6

FUNCTION OF MANAGEMENT

6.1 Except as limited by this agreement, the Employer shall have the right to; plan, direct, and control all of its work; hire its employees; direct the working forces in the field; assign employees to their jobs; direct and assign work to employees; determine the number of employees to be employed; discipline for just cause ( just cause for discharge includes but is not necessarily limited to incompetence, insubordination, habitual tardiness or absenteeism, safety violations, participation in unauthorized work stoppage or slowdown); transfer employees; lay off employees because of lack of work or for other legitimate reasons; require employees to observe the Employer’s and/or contracting entities’ rules and regulations that do not conflict with this agreement; regulate the amount of equipment used and the use of equipment and other property of the Employer; to require the observance of applicable government regulations and safety standards; to maintain reasonable standards of production and quality of work; and to decide upon methods, equipment and procedures to be used in the performance of all work

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covered by this Agreement; provided however, that the Employer will not use its rights for the purpose of discrimination against any employee.

6.2 The employer and the Union agree to recognize the necessity of promoting efficiency and agree that no Local rules, customs or practices shall be permitted that limit production or manpower required to do the work and that no limitations shall be placed on the amount of work which an employee is performing during the workday. No regulations of tools shall be interpreted or enforced in any way to prevent their use, provided that all safety regulations are satisfied.

ARTICLE 7

EFFICIENCY OF OPERATIONS

7.1 Since achieving greater efficiency in all aspects of the employer’s work is deemed appropriate and necessary, District Council 21 shall encourage employees to perform their duties on behalf of the Employer and accomplish desired results in as efficient a manner as possible.

There shall be no restrictions as to the amount of work an employee shall do during scheduled working hours. Nor shall there be any restriction as to the use of labor-saving devices in any aspect of the work that may be assigned by the Employer.

7.2 Productivity: In recognition of increased competition from non-union subcontractors, it is understood that employees must begin and end the working day according to this contract and the lunch periods must not be extended. Those who violate this understanding, or those who fail to report without sufficient notice, can be subject to discharge. It is the aim of the Employer and all of the employees to be as productive as possible in order to help preserve future job security.

CONTINUING EDUCATION

7.3 A continuing education program shall be offered by the FTI MAR for advanced or upgraded glazier training for all members working under this agreement.

Mandatory Training

7.4 Journeyperson/Mechanic: Eight Hours per calendar year minimum

Foreperson: Sixteen hours per calendar year minimum

7.5 AGMT: Requirement for all new glaziers as of May 1st. Non-AGMT glaziers will be classified as mechanics.

1. Mechanic: As of May 1, 2023, any new apprentices will be required to become a mechanic after their fourth (4th) year is complete and will be required to complete a minimum of one (1) year as a Mechanics before being eligible to become a journeyperson.

2. The Mechanic rate is established as 80% of the journeyperson rate. All mechanics will be required to attend a minimum of four (4) hours of Safety/ OSHA or other approved training courses per year.

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3. Journeyperson rate: All current journeypersons will be grandfathered as journeypersons. The Mechanic rate is 80% of the journeyperson rate. Mechanics glaziers are those who do not meet the qualifications of “journeyperson”

4. Journeypersons: Qualifications: Osha 30, AGMT cert, (1) Journeyperson upgrade yearly requirement, Fall protection and CPR. All certifications must be kept current and up to date as required.

7.6 80-20 crew makeup:

Jobsite or crew makeup can consist of the following:

80%/20% on all jobs. (Excluding prevailing wage projects)

80%: of crew must consist of journeyperson and apprentices.

20%: Mechanics and glassworkers.

Example project crew makeup:

10 people: 8 Journeyperson/apprentice and 2 Mechanics, and/or glassworkers.

5 people: 4 Journeyperson /apprentice and 1 Mechanics, and/or glassworker.

3 people: 2 Journeyperson and 1 Mechanic, apprentice, and/or glassworker.

ARTICLE 8

APPRENTICES

8.1 The hiring of apprentices shall be governed by rules and regulations, as amended from time to time, of the District Council 21 Finishing Trades Institute. The Employer shall not seek to hire apprentices from any other source, or contrary to these rules and regulations. Any person employed under this Agreement not designated an "apprentice" under this provision shall be paid at the journeyperson rate set forth in this Agreement.

8.2 All Employers must participate in the District Council 21 Apprenticeship Training

Program.

(A) Those Employers who regularly employ at least five (5) glaziers shall employ at least one apprentice.

(B) Ratio of Apprentices to Journeypersons/mechanics. Each Employer shall employ and train apprentices in the following ratio to journeyperson/mechanics workers employed by the Employer. (Ratios excluded on private projects and subject to agreement by the parties of apprentice ratios on these projects when applicable)

1 apprentice to three (3) journeypersons/mechanics

2 apprentices to six (6) journeypersons/mechanics (etc.)

ARTICLE 9

WAGES & SCHEDULES

Glazier “Total Package” and “Total” amounts for all wages and benefits for all classes of workers in this agreement or any attached schedule cannot be exceeded. District Council 21 will send wage and benefit schedules, calculated in accordance with the contract and approved as

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required for each remaining year of the contract to the Employer association no later than thirty

(30) days prior to a change in rate.

9.1 Straight Time Rate (Total Package) for Journeyperson Glaziers:

Effective May 1, 2023, the straight time rate (also referred to as the "total package") for

Journeyman working under this Agreement, shall be paid at the rate of eighty dollars and sixty-seven cents ($80.67) per hour. This rate shall be allocated among wages and fringe benefit contributions in the manner set forth in Appendix A of this provision. It is understood and agreed upon by the parties that the Union party to this Agreement shall have complete discretion in relation to the manner and amount(s) of the allocation(s) set forth in Appendix A.

Effective May1, 2024, straight time (total package) for Journeymen shall be increased by two dollars and fifty cents ($2.50) per hour.

Effective May1, 2025, straight time (total package) for Journeymen shall be increased by two dollars and fifty cents ($2.50) per hour.

9.2 Straight Time Rate (Total Package) for Mechanic (80% of Journeyman):

Effective May 1, 2023, the straight time rate (also referred to as the “total package”) for

Mechanics (80% of Journeyman) working under this Agreement, shall be paid at the rate of sixty-four dollars and fifty-four cents ($64.54) per hour. This rate shall be allocated among wages and fringe benefit contributions in the manner set forth in Appendix A of this provision. It is understood and agreed upon by the parties that the Union party to this Agreement shall have complete discretion in relation to the manner and amount(s) of the allocation(s) set forth in Appendix A.

Effective May 1, 2024 & May 1, 2025: Please see rate sheets that will be provided.

9.3 Straight Time Rate (Total Package) for Grandfathered Fabricator/ Service Workers

Grandfathered Fabricator/ Service Workers’ working under this Agreement, shall be paid at the rate of fifty-three dollars and twenty-four cents ($53.24) per hour. This rate shall be allocated among wages and fringe benefit contributions in the manner set forth in Appendix A of this provision. It is understood and agreed upon by the parties that the Union party to this Agreement shall have complete discretion in relation to the manner and amount(s) of the allocation(s) set forth in Appendix A.

9.4 Straight Time Rate (Total Package) for Fabricator/ Service Workers:

Fabricator/ Service Workers’ working under this Agreement, shall be paid at the rate of forty dollars and thirty-four cents ($40.34) per hour. This rate shall be allocated among wages and fringe benefit contributions in the manner set forth in Appendix A of this provision. It is

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understood and agreed upon by the parties that the Union party to this Agreement shall have complete discretion in relation to the manner and amount(s) of the allocation(s) set forth in

Appendix A.

9.5 Straight Time Rate (Total Package) for Industrial Workers / Glassworker:

Industrial Workers working under this Agreement, shall be paid at the rate of twenty-eight dollars and twenty-three cents ($28.23) per hour. This rate shall be allocated among wages and fringe benefit contributions in the manner set forth in Appendix A of this provision. It is understood and agreed upon by the parties that the Union party to this Agreement shall have complete discretion in relation to the manner and amount(s) of the allocation(s) set forth in Appendix A.

9.6 In all instances, the Union shall have the option of applying such rates, increases, or portions of such increases, to wages or fringe benefits, including any jointly administered fund mentioned in this Agreement.

Schedule of Employer Payments for Journeypersons under the Agreement

The regular journeyperson rate (total package) as of the effective date of this Agreement shall be paid as follows:

1. Journeyman Glazier: Effective Date: 5/1/23

Hourly

Wage

H&W IUPAT

PEN

IUPAT

ANN

IUPAT

FTI

DC FTI LMP DC LMF STARS IAF PIN

$50.53 $12.50 $9.31 $6.06 $0.10 $1.52 $0.10 $0.05 $0.10 $0.15 $0.25

2. Mechanic Glazier Rate: Effective Date 5/1/23

Wage

H&W IUPAT

PEN

IUPAT

ANN

IUPAT

FTI

$40.47 $12.50 $9.31 $1.34 $0.10 $0.22 $0.10 $0.05 $0.10 $0.15 $0.20

3. Grandfathered Fabricator/ Service Worker: Effective Date 5/1/23

Wage

H&W IUPAT

PEN

IUPAT

ANN

IUPAT

FTI

$34.23 $10.00 $7.76 $0.53 $0.10 $0.20 $0.10 $0 $0 $0.15 $0.17

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4. Fabricator/Service Worker: Effective Date 5/1/23

Wage

H&W IUPAT

PEN

IUPAT

ANN

IUPAT

FTI

$25.06 $10.00 $4.03 $0.57 $0.10 $0.20 $0.10 $0 $0 $0.15 $0.13

5. Industrial Worker / Glassworker: Effective Date 5/1/23

Wage

H&W IUPAT

PEN

IUPAT

ANN

IUPAT

FTI

DCFTI LMP DC

LMF

STARS IAF PIN

$19.57 $4.50 $3.76 $0 $0.10 $0.05 $0.10 $0 $0 $0.15 $0

ALL WAGE RATES, FRINGE BENEFITS RATES, AND DEDUCTIONS PER HOUR ARE BASED ON ALL

HOURS PAID. FRINGE BENEFIT CONTRIBUTIONS FOR OVERTIME HOURS NEED ONLY BE PAID ON

THE ACTUAL HOUR(S) WORKED. ALL ANNUITY CONTRIBUTIONS (EXCEPT APPRENTICES) ARE PAID

ON PERCENTAGE OF GROSS WAGES.

Fringe benefit payments shall not apply to bonuses paid to key employees.

DEDUCTIONS PER HOUR FROM NET WAGE:

DEDUCT $0.10 PER HOUR FOR PAC FUND

DEDUCT $0.05 PER HOUR FOR MEMBER BENEVOLENT FUND

DEDUCT $0.11 PER HOUR FOR ORGANIZING FUND

DEDUCT $1.00 PER HOUR FOR DC 21 VACATION FUND

DEDUCT $0.10 PER HOUR FOR INTERNATIONAL UNION ADMINISTRATIVE DUES

ADMINISTRATIVE DUES @ 3.5% OF TOTAL PACKAGE

ADMINISTRATIVE DUES ON FRINGES

* The parties understand, and agree, that the rates set forth above shall be payable for all straight time hours paid as of the effective date of this Agreement. These rates, including fringe benefit contribution amounts, shall be modified on a periodic basis by the Employer upon notice from the Union that it has determined the manner and amount(s) in which the journeyperson hourly rate (total package) under the Agreement shall be allocated by the Employer. In all instances, notwithstanding any other provision in the Agreement, the Employer shall cause the wage and/or fringe benefit rates set forth above to be modified in accordance with the instruction and effective dates of such changes that it receives from the Union. In addition, the Employer shall comply, at all times, with any instruction it may receive from the Union concerning changes in the amount(s) of dues or assessments, PAC contributions, and/or any other contribution or assessment that is, or may be, deducted by the Employer from the net wages of the employee and transmitted to the Union under provisions set forth in this Agreement in accordance with Union rules and regulations.

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Grandfathered Apprentice Wage Rates – Applies to apprentices enrolled prior to May 1, 2023.

Shall be the following percentage of the base Mechanic Glazier Wage Rate:

First 6 Months 50%

7 to 12 Months 55%

13 to 18 Months 60%

19 to 24 Months 65%

25 to 30 Months 70%

31 to 36 Months 75%

37 to 42 Months 80%

43 to 48 Months 90%

Apprentice Wage Rates – Applies to apprentices enrolled after April 30, 2023.

Shall be the following percentage of the base Mechanic Glazier Wage Rate:

First Term 46%

Second Term. 55%

Third Term. 61%

Fourth Term. 70%

Apprentice rate change shall apply after regular attendance at apprentice school and passing regular skills tests. Journeyman status is achieved after 6000 hours of on-the-job training.

9.6 Please note that when three (3) employees covered under this Agreement on a job of three (3) days duration or more, one (1) Journeyman Glazier in good standing with the Union may be designated by the Employer as a Leadman for the duration of the job at two dollars

($2.00) additional per hour provided he or she has their OSHA 30 Certification. Two dollars

($2.00) per hour shall be added to the wages of all Leadman.

9.7 On jobs of four (4) or more employees, one (1) person shall be designated by the

Employer as Foreman. Four dollars ($4.00) per hour shall be added to the wages of all Foremen.

9.8 On jobs of fifteen (15) or more employees one (1) person shall be designated by the

Employer to be General Foreman. Six dollars ($6.00) per hour shall be added to the wages of

General Foreman.

9.9 One dollar ($1.00) per hour shall be added to the wages of an employee(s) while he/she is performing welding or while using a cutting torch. The one-dollar ($1.00) premium shall only be paid to the employee(s) actually performing the welding or cutting; said employee shall possess current American Welding Society (AWS) 3G & 4G certifications. The Finishing Trades

Institute certification maintenance form must be signed by an employer on a bi-yearly basis to retain validity.

9.10 One-dollar ($1.00) per hour shall be added to the wages of an employee while working on a pipe scaffold whose platform is at least thirty (30) feet above ground, on a swing stage scaffold at any height and when directed by the Employer or charge person to work on a motorized lift at any height.

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9.11 Manipulator operator: One dollar ($1.00) per hour when operating a “Manipulator” with proper training and certifications. (CCO mobile crane operator certification “third party”)

9.12 (A) Employees shall be paid weekly on a day designated by the Employer. Checks shall be distributed on the job site no later than the close of the regular workday. Alternatively, pay checks can be directly deposited to the employees' bank accounts or, by mutual written consent of the Union and the Employer, may be mailed to the employees. Not more than three (3) days’ pay shall be held back for the period between the close of the pay period and pay day.

(B) All wages shall be paid by negotiable check (or direct deposit, if appropriate) and shall be accompanied by a statement of gross earnings and any deductions made. Such a statement shall show the Employer's name, the employee's name, the hourly rate of pay, the dates and hours worked, all deductions made, and the net amount due the employee. Wage payments shall conform with all applicable federal and state laws.

(C) Employees who quit need not be paid until the next regular payday. In the case of discharge or layoff, the Employer shall pay employees in full by the close of the workday on which their employment is terminated. In instances in which it is logistically impossible or unreasonably burdensome for an Employer to make payment to the employee on his/her last day of work, the Employer, after notification to the Union, shall mail or direct deposit the payment to the employee or employees on the first (1st) regular pay day after the layoff/termination of employment.

(D) If any employee is not paid in a timely manner, in accordance with the provisions set forth herein, he/she may file a grievance with the Joint Trade Board. The Joint Trade Board may assess a penalty on the Employer equal to three (3) times the amount involved for a failure to make timely payment(s) to the employee, in violation of this provision.

(E) Each employee shall verify that he/she has received payment of proper wages, travel pay, premium due, and other compensation due him/her. If there is a dispute, the employee must make a request for correction, through the Employer representative, steward, and/or business representatives within two (2) weeks of receiving such pay. If an appropriate correction is not made, the employee may file a grievance with the Joint Trade Board.

Nothing in this provision shall be construed as imposing any time limits or other limitations on a claim by the Union and/or any Union-related or affiliated benefit fund that the

Employer has failed to make timely and appropriate contributions to the Union and/or any fringe benefit fund.

ARTICLE 10

REPORTING PAY

10.1 Except for circumstances beyond the control of the Employer, if an employee is not advised that there will be no work for him/her on an ensuing day and the employee reports to work at the proper time and then has no work assigned to him/her, the Employer shall pay such employee(s) two (2) hours pay. Employers may require that employees remain on the job or in

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the shop for the periods indicated above for which they are paid. In the event weather conditions require the stoppage of work on any day after work has begun, employees shall be paid to the next full hour. Should an employee begin working, he/she shall be paid for the actual time worked with a minimum of four (4) hours' pay. Should the employee be requested to continue work past the four (4) hour minimum he/she shall be paid for a minimum of eight (8) hours total for that day.

10.2 If an employee fails to report to work and the Employer finds he cannot use the employee upon his/her return to work the Employer shall have the option of either paying off the employee at once or requesting him to wait for any wages due to him/her until the next regular pay day.

Waiting time shall not enter into the settlement.

ARTICLE 11

TRAVEL-AUTO EXPENSE

11.1 When employees report to the shop or job and are required to move to a job or from job to job using private automobiles, the employee shall be compensated at the rate of sixty cents

($0.60) per mile but not less than one dollar and fifty cents ($1.50) per move. Employees required to report to work to a jobsite outside the jurisdiction of Glaziers Local Union 1009 shall receive a flat ten dollars ($10.00) plus sixty cents ($0.60) per mile one way to the jobsite measured from the closest edge of the territory.

11.2 Employees working out of town, not being driven daily, shall be paid expenses of travel, room and board plus fifty dollars ($50.00) per day by the Employer.

11.3 When an employee incurs a parking expense at a jobsite where parking is not provided, the Employer shall reimburse the employee for actual expenses upon presentation of a validated parking voucher or receipt. Validated shall mean a stamped and dated receipt. An Employer may designate a specific parking lot or a specific parking area at the shop or jobsite. Parking violation tickets on private vehicles shall not be reimbursed.

ARTICLE 12

HOURS & OVERTIME

12.1 The regular forty (40) hour week and eight (8) hour workday shall begin no earlier than

7:00 am and terminate no later than 5:30 pm, Monday through Friday. The Union and Employer shall agree upon a starting time other than between 7:00 am and 8:00 am.

12.2 At the discretion of the Union and the Employer, the regular workday may consist of ten

(10) hours labor on the job at the regular straight time wage rate and the regular weekly work schedule may consist of four (4) ten (10) hour days at the regular straight time wage rate on consecutive days between Monday and Friday.

12.3 (A) Overtime work on Saturday and after eight (8) hours on the regular workday shall be at the rate of time and one half (1 ½).

(B) Work on Sunday and holidays shall be at double (2) time rate.

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12.4 (A) Ten percent (10%) shall be added to the previously indicated wage rates for any eight

(8) hours of work outside the regular workday. Fifteen percent (15%) shall be added to the wage rates for any second shift outside the regular workday.

(B) In addition to the added amounts in 12.3(A), when three (3) shifts exist, the second shift shall receive eight (8) hours pay for seven and one half (71/2) hours work; the third shift shall receive eight (8) hours pay for seven (7) hours work.

12.5 In the event work is lost due to weather or job conditions, work may be accomplished on

Saturday at the regular straight time rate to make up for the lost time.

12.6 Employees shall be allowed five (5) minutes before lunch and ten (10) minutes before quitting time to wash and clean up.

(A) Employees shall receive an unpaid thirty (30) minute meal break after ten

(10) hours of work.

(B) Employees shall receive a ten (10) minute break during the first half of the workday.

12.7 Employees shall not report to the job earlier than fifteen (15) minutes prior to starting time. Foremen and general foremen may start thirty (30) minutes prior to starting time and remain thirty (30) minutes after quitting time.

ARTICLE 13

HOLIDAYS

13.1 The following are recognized holidays: New Year’s Day, President’s Day, Memorial

Day, Independence Day, Labor Day, Presidential Election Day, Veterans Day, Thanksgiving

Day, and Christmas Day.

13.2 Holidays that fall on Saturday will be recognized on the previous Friday and holidays that fall on Sunday will be recognized on the following Monday.

ARTICLE 14

CONTRACTUAL RELATIONS & OBLIGATIONS

14.1 One member of the firm is allowed to work with the tools and a contractor is one that employs, on average, at least one person throughout the year.

14.2 Each Employer shall carry comprehensive kinds of insurance such as, but not limited to, worker’s compensation, public liability and property damage on equipment, automotive and otherwise, when used by its employees, as well as other coverage carried by custom or practice in this industry by contractors. Proof of such coverage is required, in writing, to the Union at

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least annually or more often if requested by the Union. In the event the insurance coverage is cancelled the Union shall be immediately so notified in writing. Without such protection the

Union reserves the right to suspend or terminate this agreement until the aforesaid insurance coverage has again been supplied and proof of such coverage, in writing, is received by the

Union.

14.3 Each Employer with one or more employees agrees as a matter of policy to elect, petition and qualify to become immediately before the commencement of work, a covered Employer as permitted by the terms of the Unemployment and Temporary Disability Benefits Act of New

Jersey. The Union shall be kept informed of the Employers’ acts of compliance and proof of compliance or rejection by the State of New Jersey shall be immediately provided to the Union by the Employer. The purpose of this paragraph is to provide unemployment and temporary disability benefits for each employee on every job or in the shop. The temporary disability provision of the law, commonly known as the “State Plan” shall be adhered to by each Employer for the benefit of the employees in the unit, unless the Employer has a state approved private plan.

14.4 The Employer agrees to provide immediate medical attention and hospitalization, if necessary, to any employee injured on the job, at no cost to the employee.

14.5 Except as qualified in 14.5(A), on or before the forty-fifth (45th) day following the last day of each month, the Employer shall remit (remittances must be post marked no later than the forty-fifth (45th) day) to the Union or its administrator the entire amounts deducted from wages, as required by this agreement and owing as well as all contributions required by this agreement as to each employee for the previous month.

(A) Employers who do not have an acceptable three (3) year record of payments in this jurisdiction shall make payments of all fringe benefits, vacation funds and administrative dues to the shop steward or other person designated by the Union on a weekly basis.

(B) If an Employer fails to make contributions in accordance with the agreement after the date required by the Trustees, the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any other provision hereof to the contrary notwithstanding, and the Employer shall be liable for all costs of collection of the payments due together with attorney fees and such penalties as may be assessed by the trustees.