AGREEMENT

Between the

Associated Construction Contractors of NJ and

LOCAL UNION No. 399

INTERNATIONAL ASSOCIATION

of

BRIDGE, STRUCTURAL, ORNAMENTAL, AND

REINFORCING IRON WORKERS

AFL-CIO

JULY 1, 2023 to JUNE 30, 2028

Table of Contents

AGREEMENT 5

2023-2028

ARTICLE I 5

Agreement

ARTICLE II 5

Recognition Section 1. Of the Association Section 2. Of the Bargaining Unit:

Section 3. Of the Union Section 4. Waiver:

ARTICLE III 6

Purpose of Agreement

ARTICLE IV 7

Legality of Agreement Section 1. By Law Section 2. By Voidance:

Section 3. Liability:

Section 4. Waiver

ARTICLE V 8

Territorial Jurisdiction

ARTICLE VI 9

Term

ARTICLE VII 9

Wages, Funds, and Collection Thereof Section 1. Hourly Wages and Fringe Benefits:

Section 2. Drawing Premium Rate

Hazardous Waste Site

Section 3. Foreman and General Foreman Section 4. Benefit Funds Section 5. Benefits Funds Due Date Section 6. Welfare Fund

Section 7. Retirement and Pension Fund Section 8. Apprenticeship Fund Section 9. Industry Advancement Fund Section 10. IMPACT / Organizing Fund; Substance Abuse Program:

Section 11. Benefit Payments Section 12. Combination Voucher Plan Section 13. Explanation of Individual Funds:

ARTICLE VIII 23

Hours of Work, Overtime, and Payment of Wages

Section 1. Daily Straight Time Hours of Work:

Section 2. Dispatch from the Hall:

Section 3. Coffee Break:

Section 4. Holidays:

Section 5. Overtime:

Section 6. Shift Work:

Section 7. Residential Rate Section 8. Small Jobs at reduced rate Section 9. Wage Payments:

Section 10. Bonding

ARTICLE IX 33

Working Conditions Section 1. Alteration, Dismantling, Moving, Repair and Re-Erection of Bridges, and other Structures Section 2. Composite Crew Section 3. Concrete Pours Section 4. Continuity of Employment Section 5. Discrimination

Section 6. Double Jobs:

Section 7. Drinking Water Section 8. Equipment Removal, False Work, Piling, Rigs, Etc Section 9. Finishers’ Tools Section 10. Mobile Cranes, Power operated rigs, Guy and Stiff Leg Derricks:

Section 11. Material Sorting, Distributing, and Storage Points Section 12. Piecework Section 13. Plumber and Steamfitter Material Section 14. Precast, Prestressed, or Reinforced Concrete Structural Members for Bridges, Buildings, and Other Structures Section 15. Production Limit:

Section 16. Reinforced Concrete Rod or Steel Work:

Section 17. Riveting Gangs:

Section 18. Safety Provisions:

Section 19. Sheeting and Unloading Section 20. Small Boat Handling Section 21. Tools and Equipment:

Section 22. Tool Shed Section 23. Tower Cranes Section 24. Transportation Section 25. Unloading-Hand or Power Section 26. Workmen’s Compensation Section 27. Work Injury:

Section 28. Work Jurisdiction Section 29. Work out of Territorial Jurisdiction Section 30. Wrecking and/or Demolition Section 31. Clean Up Section 32. Fire Watch / Confined Space Watch

ARTICLE X 43

Right and Obligations Section 1. Business Agent:

Section 2. Job Steward / Certified Steward Section 3. Subcontractors:

ARTICLE XI 45

Union Shop Clause

ARTICLE XII 46

Assistance to Other Unions

ARTICLE XIII 46

Disputes and Procedures Section 1. Jurisdictional Disputes Section 2. Disputes and Grievances Section 3. Strikes and Lockout

ARTICLE XIV 49

Apprentices

ARTICLE XV 50

Maintenance of a Drug Free Work Place

SIGNATURE PAGE / ACC of NJ and Local Union #399 52

CONTRACTOR'S SIGNATURE PAGE 53

APPENDIX “A” Wage Rates 54

APPENDIX “B” Territorial Referral Zones / Map 61

AGREEMENT

2023-2028 LOCAL UNION No. 399 INTERNATIONAL

ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL

AND REINFORCING IRON WORKERS

AFL - CIO

ARTICLE I

Agreement

The term of this Agreement with any amendments hereto made as provided for herein shall be from July 1, 2023 to June 30, 2028 and from year to year thereafter unless notice of change or termination is given in writing by either party to the other at least four months prior to such anniversary date. The nature of the changes desired shall be specified in the notice. Any such notice whether for change or termination shall have the effect of terminating this Agreement on June 30, 2028 or at the end of the current contract year if after June 30, 2028.

ARTICLE II

Recognition

Section 1. Of the Association:

All employers affiliated with the bargaining unit, (hereinafter referred to as the

Association), subsequent to the execution of this Agreement, and who shall work under this Agreement, shall be bound by the provisions of this Agreement as a condition of said affiliation. The Association represents that it is duly authorized by all of its present members to enter into this Agreement, and to bind said members hereto as stated herein. The Union shall be notified within forty-eight hours of the affiliation or withdrawal of said employers. No bound employer may withdraw from this Agreement before the end of its termination date. A list of all individual employer members of all the Associations who are bound by this Agreement on its effective date is on file at the

District Council office. A list of individual employer members of the Association, who are bound by this Agreement on its effective date, is on file at the Association's office and Local Union office.

Section 2. Of the Bargaining Unit:

There shall be one, exclusive bargaining unit, recognized by Local 399, for all employers bound by this Agreement for the territorial, and work jurisdiction covered herein. That bargaining unit shall be the Associated Construction Contractors of

New Jersey, which shall include all present and future members, and employers for whom the said Association bargains on behalf of or which it represents (all hereinafter referred to as employers). The Association is composed of employers engaged in work, coming under the jurisdiction of the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers.

Section 3. Of the Union:

The Association recognizes the Union as the exclusive representative for all Iron

Workers (hereinafter referred to as employees) performing work within the territorial and work jurisdiction of the Union and of this Agreement.

Section 4. Waiver:

No modification, variation, or waiver of any term or provision herein shall be valid unless agreed upon in writing by both the Association and the Union.

ARTICLE III

Purpose of Agreement The purpose of this Agreement is to set out conditions with respect to hours of work, wages, and other conditions of employment under which employees of the employer shall work in the trade. The relationship of the parties is fully and exclusively set forth herein, and by no other means oral or written. Neither the bylaws nor constitution of the Union shall be binding upon the employer, nor shall anything therein contained affect the right of hiring, or the wages, hours, or working conditions of said employees of the employer. The general working rules of the International Union shall, however, be binding upon the employer unless specified to the contrary herein. The aforementioned conditions entered into by collective bargaining are designed to provide:

A. As far as possible the continuous employment of employees covered herein:

B. A prevention of strikes and lockouts through peaceful adjustment of disputes and grievances between the Association and the Union, or between the Association and the Union:

C. Stable conditions in the industry, thereby preventing waste and unnecessary and avoidable delays and expenses:

D. Building costs as low as possible, consistent with fair wages and conditions: and, avoidable delays and expenses.

E. The further establishment of the necessary procedures by which these purposes may be accomplished.

F. Unless a contractor is signatory, or is otherwise bound to this agreement, no members of Local 399 will be referred for work.

G. Wherein Local 399 determines it prudent, for the purposes of organizing non- signatory employers, personnel may be referred, on a short-term basis, but only from the roster of the then current unemployed membership list.

ARTICLE IV

Legality of Agreement

Section 1. By Law:

All applicable regulations, ruling, or statutes of any duly qualified governmental body or agency shall govern the provisions of this Agreement, its amendment, change, interpretation, and every other thing in relation to its operation and enforcement.

Section 2. By Voidance:

Should any of the terms or provisions of this Agreement be determined to be, or held to be, in contravention of any applicable regulation, ruling, or statute of any duly qualified governmental agency, any such terms or provisions shall be null and void, without thereby affecting any of the other terms or conditions herein. The parties hereto agree, in the event of such occurrence, to meet immediately to negotiate substitute provisions for such terms or provisions rendered or declared illegal invalid.

Section 3. Liability:

All bound employers shall in good faith live up to all provisions of this Agreement.

The liability of bound employers shall be several and not joint.

Section 4. Waiver:

No modification, variation, or waiver of any term or provision herein shall be valid unless agreed upon in writing by both the Association and the Union.

ARTICLE V

Territorial Jurisdiction

The territorial jurisdiction of this Agreement shall be the territorial jurisdiction of Local Union No. 399, which extends halfway to the nearest outside Local Union of the International Association of Bridge, Structural, Ornamental Iron Workers, and

Reinforcing Ironworkers, except Local 451. Local 399 shall have complete and entire jurisdiction of the southern part of the State of New Jersey which includes the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Salem and parts of Monmouth and parts of Ocean. Local 399 shall police and represent the

International Association of Bridge, Structural, Ornamental, and Reinforcing Iron

Workers in this area insofar as wage rates, working conditions, and the policing of the area are concerned. Reference appendix “B”, territorial map.

ARTICLE VI

Term

The term of this Agreement, with any amendments hereto made as provided for herein, shall be from July 1, 2023 to June 30, 2028, and from year to year thereafter unless notice of change or termination is given in writing by either party to the other at least four months prior to such anniversary date. The nature of the changes desired shall be specified in the notice. Any such notice, whether for change or termination, shall have the effect of terminating this Agreement on June 30, 2028, or at the end of the current contract year if after June 30, 2028.

ARTICLE VII

Wages, Funds, and Collection Thereof

Section 1. Hourly Wages and Fringe Benefits:

The schedule of hourly wages and fringe benefit contributions, included herewith, and referenced as Appendix “A”, shall be applicable during the term of this agreement.

The union has the option of applying any amount of wages to check-off, or dues.

The employer agrees to make such deductions and to direct payment of same to such offices as may hereafter be requested by the union, joint management/union committee, or trustees of any such fund. The union during the term of this agreement may exercise the option to convert any part of the wage package as payments to any fringe benefit program. Any adjustments in monetary distributions will be reflected within an amended Appendix “A”.

Section 2. Drawing Premium Rate:

When an Ironworker works alone and assumes the responsibility of layout and reading blueprints, they shall be paid the foreman rate of pay (and shall be guaranteed

40 hours for each week worked until the project is completed.)

Hazardous Waste Sites:

For all work performed on hazardous waste site projects, an additional $3.00 per hour will be paid to all employees.

Section 3. Foreman and General Foreman:

A. To become eligible for compensation as a foreman or general foreman accreditation in blueprint reading, layout, First Aid/CPR, and ten (10) hour OSHA certification must be achieved.

Whereupon, when two or more employees are employed, one shall be selected by the employer to function as a foreman and shall be paid not less than an additional fifteen percent (15%) above the Journeyman’s wage. All foremen shall be guaranteed forty (40) hours pay for each scheduled work week regardless of whether a holiday, a shut down of work for inclement weather, a shut down of work that is beyond the control of the foreman or any other circumstance which would impact the forty (40) hour guarantee. The foreman premium shall be eight percent (8%) for fence and guardrail work. Said premium shall be considered part of the base wage rate when it applies. The foreman is the only representative of the employer who shall issue instructions to employees. There shall be no restrictions on the employment of foremen (pushers). The employer may employ as many foremen

(pushers) on any one piece of work as in his judgment is necessary for the economical, expeditious, and safe handling of same.

B. When the employer employs more than three foremen on any job, operation, or project, he shall employ a general foreman, who shall supervise the foremen in question, and who shall be paid not less than twenty-five percent (25%) above the Journeyman’s rate. The general foreman premium shall be thirteen percent (13%) for fence and guardrail work. The general foreman will be a non-working supervisor and shall not be responsible for a working gang of men. Said premium shall be considered part of the base wage rate when it applies.

C. Foreman and General Foreman Pay

a. Foremen and general foremen shall be paid their straight time base wage rate for holidays specified herein, and for all time lost during the regular work week.

b. Foremen temporarily laid off and re-employed within three (3) days by the same employer shall be paid for the day or days preceding their re-employment.

c. When ordered to work on Saturday, Sunday or Holidays foremen and general foremen will be guaranteed eight (8) or ten (10) hours pay depending on the work hours scheduled at the applicable rate of pay.

Section 4. Benefit Funds

Pension Fund, Welfare Fund, Training Fund and Annuity Fund, Industry

Advancement Fund, Market Recovery Fund and IMPACT Fund (“Benefit Funds”).

Each Employer bound hereby shall, effective July 1, 2023, in addition to paying the above wage rates and wages, promptly pay to the Board of Trustees (“Trustees”) of the following names Trusts of the Iron Workers Local 399, constituted and created by the Declarations of Trust(s), the sum or money for each hour “worked and/or paid” equivalent of gross wages paid as herein set forth.

The amount to be paid to the fringe Benefit Funds are set forth in Appendix A-

1, A-2, and A-3 attached hereto and made part hereof.

Allocation for any fringe Benefit Fund increases for the years commencing July

1, 2023, July 1, 2024 and July 1, 2025, July 1, 2026 and July 1, 2027 shall be made by the Union.

Industry Advancement Fund

(A) In addition to paying the wage rates, and benefit contributions to the Benefit Funds, each structural steel and ornamental iron Employer and each rigger Employer hereby bound shall promptly pay to the Benefit Funds, commencing on July 1, 2023 and continuing throughout the term hereof, the sum of twenty-five ($0.25) cents of gross wages paid for each ironworker whom he employs in the jurisdiction of Local 399 for the purpose of funding the

Industry Advancement Fund.

(B) The Industry Advancement Fund, and all monies and property held by or for it, shall be administered, managed and/or operated solely and exclusively by Employer Trustees selected or appointed by the ACCNJ, pursuant to their rules, regulations, or agreements. Neither the Union nor any of its representatives shall have any voice or part whatever in the administration, management and/or operation of said Fund.

(C) The aforesaid contributions shall be paid to said Funds at the same time that contributions are made by the Employer to the Benefit Funds and shall be accompanied by a report form to be furnished by the Iron Workers Local 399

Benefit Funds Office.

(D) The Benefit Funds which process these collections shall be reimbursed for all necessary and proper costs and expenses incurred in connection therewith.

Section 5. Benefit Funds Due Date:

Effective July 1, 2023;

(A) The procedures for making Benefit Fund contributions as required in this Agreement (Pension Fund, Welfare Fund, Training Fund, Annuity Fund, Industry Advancement Fund, Market Recovery Fund and IMPACT Fund) shall consist of Employer Remittance Reports being filed weekly. Benefit Fund payments, for the aforementioned Benefit Funds, shall also be paid weekly.

An employer may also pay Benefit Fund contributions on the (15th) day of the month following the month covered by the weekly reports.

However, for an employer to be eligible for and to participate in the

Benefit Fund payments due the fifteenth (15th) day of the month following the month covered by the submission of weekly reports, the employer must submit to the Fund Office a surety company bond.

Agreement Relating to all Funds or Declarations of Trust(s):

(A) Each Employer bound hereby covenants and agrees:

(1) that it hereby accepts and agrees to be bound by those subsisting agreements and Declarations of Trust expressly relating to the Benefit

Funds (Pension Fund, Welfare Fund, Training Fund, Annuity Fund, IMPACT

Fund, Market Recovery Fund and Industry Advancement Fund) and assumes all obligations imposed thereby on the signers by the Agreements and Declarations of Trust as incorporated herein;

(2) to be bound by all of the rules, regulations, standards and reporting requirements adopted, from time to time, by either or all of the

Trustees of the above-mentioned Benefit Funds including the duty to submit to an audit of its books by auditors selected by the Trustees, the costs of which shall be assessed against the Employer should it be determined that required contributions to the Benefit Funds were not reported or paid;

An Employer who refuses to permit an audit or fails to cooperate with the Benefit Funds’ auditor shall be responsible for reasonable legal fees and the fee of the arbitrator if a demand for arbitration to compel an audit is filed. The arbitrator has the discretion to also award a $100 per day fee for each day an employer refuses to either permit an audit or cooperate with the auditor thirty (30) days after an arbitration award is issued to compel or cooperate with the auditor.

(3) that no benefit voucher shall be purchased by or sold and delivered to, him in the event he becomes delinquent in the payment of his contributions to either or all of the Benefit Funds above-named or mentioned;

(4) that, in addition to any remedy available to the

Trustees of the above-mentioned Benefit Funds, and/or available to them or to the Union, for any default in the timely payment of the required contributions, the Union may, without notice and without any recourse or liability whatsoever in any court, or in the State or Federal administrative agency, now existing or hereafter created, refuse to refer and/or remove any ironworkers working for any Employer who defaults, or who defaulted, in making his full payments or contributions within the time limited to either or all of the Benefit Funds above-named and referred to;

(5) that the Trustees of either or all of the aforementioned Benefit Funds may either maintain an action in their name as an entity, or in their names as Trustees of their respective Trust, in any Court and in any jurisdiction, or before an arbitrator as hereafter provided to claim, recover and collect any amount or amounts due from any Employer for contributions or sums due to their respective Benefit Fund together with interest at eighteen

(18%) percent per annum, an attorneys’ fee equal to twenty (20%) percent of the total sum due, and liquidated damages equal to ten (10%) percent of the principal sum due, as well as a reasonable audit fee if any audit was made, and all defenses, except one with respect to the amount actually due, are hereby waived or abandoned;

(6) The Trustees of any Benefit Fund; or the Executive

Director of any Benefit Fund, on its behalf and/or an alleged delinquent

Employer, may demand arbitration of any alleged delinquencies or breach of agreement regarding any Benefit Fund contributions and arbitration must be heard within thirty (30) days after such written demand unless adjourned by the mutual consent of the parties or the arbitrator. The Trustees may join an individual ironworker as a party to any such arbitration proceeding or delinquency or a breach of agreement regarding Benefit Fund Contributions in which such ironworkers may be involved. Each Ironworker subject to this

Agreement does hereby through his duly authorized representative, consent to such joinder and to the issuance of an award binding upon him in connection therewith. The arbitration shall be heard at the Ironworkers Local 399 Benefit

Funds office, 26 E. Fleming Pike, Hammonton, NJ 08037, and the procedures followed shall be in accordance with the rules of the American Arbitration

Association. In order to expedite such hearing, a permanent arbitrator is hereby designated as approved. The permanent arbitrator is J.J. Pierson, Esquire of

Short Hills, New Jersey.

(7) Delinquent Employers required to arbitrate claims for

Benefit Fund delinquencies hereunder and Ironworkers joined in the arbitration pursuant to present to, and litigate before, the Arbitrator all defenses of whatsoever type or nature then existing, including the defense of arbitrability and the Arbitrator all defenses of whatsoever type or nature then existing, including the defense of arbitrability and the Arbitrator is empowered to hear and determine the same an issue an award which may include liquidated damages, interest, audit and attorneys fees and which shall be final and binding upon the parties to such proceedings. The charges of the Arbitrator as well as the stenographic record, if any, are to be borne by the losing party.

(8) In the event that an Employer has failed to post a cash or surety bond in accordance with this agreement, then and in that event, each

Employer bound hereby, hereby assigns to the Benefit Funds or Local 399 or the IMPACT Fund, as the case may be, amounts due from any owner, construction manager, general contractor or subcontractor, on any project or work equal to the amount of any unpaid and delinquent Benefit Fund contributions due to the aforementioned Benefit Funds or to the Market

Recovery Fund or IMPACT Fund hereunder that the Employer owes to those

Funds on that project or work. The aforementioned Funds or Local 399, by or on behalf of the Benefit Funds Executive Director, the Trustees or Local 399, may give notice of this Assignment to any owner, construction manager, general contractor, or subcontractor owing money including retainage, to the delinquent

Employer where the Benefit Funds or Local 399 are not paid when due under this Agreement after ten (10) days written notice to the Employer of the delinquency. Each delinquent Employer bound hereby agrees to provide a list of its accounts receivable, i.e., a list of owners, construction managers, general contractors or subcontractors, who owe it any money, including retainage, which list shall include the name, address, telephone number, fax number and amount due to the delinquent Employer, including retainage, within ten (10) days of written demand by the Benefit Funds, its Executive Director, the Trustees or

Local 399. Each Employer hereby waives any claims it may have against any owner, construction manager, general contractor or subcontractor, Benefit

Funds, Trustee, Local 399 or Benefit Fund Employee who initiates or complies with this Assignment. This Assignment shall control or subcontract the

Employer has with any owner, construction manager, general contractor or subcontractor. Any owner, construction manager, general contractor or subcontractor making payment of this Assignment hereunder shall take credit against amounts due to the Employer. No owner, construction manager, general contractor or subcontractor being served with a filed construction lien for claims nonpayment by the Employer until such time as said construction lien is discharged.

(B) In any case where such Employer:

(1) previously defaulted in the payment of his contribution to any Benefit Fund herein mentioned;

(2) the financial responsibility of such Employer as determined by the Trustee warrants same; or

(3) such Employer may not be amenable to the service of process in any action in the State for the recovery of any contributions due any of said Benefit Funds; or

(4) where the Employer, corporation, partnership, or other business entity which, by reason of bankruptcy, insolvency, or otherwise, has previously defaulted in the payment of its full contributions to any of such

Benefit Funds, then the Trustees may require such Employer to furnish a bond or deposit monies in escrow that they may deem appropriate within 10 days following a demand thereof. If the Employer shall fail to post bond or cash deposit or the additional bond or escrow, Local 399 shall be vested with the right to withhold employees from the Employer until it has complied with the provisions of this paragraph aforesaid and each Employer agrees that neither

Local 399 or the Benefit Funds shall be liable for any consequences caused by such withholding of labor.

(C) In addition to the per hour wage rate, the Employer shall contribute five eighths of one percent (5/8 of 1%) of the applicable hourly journeyman wage rate for each hour worked to Ironworkers Management

Progressive Action Cooperative Trust (IMPACT), a jointly trusted Cooperative

Trust with federal tax exempt status under Section 501(a) of the Internal Revenue

Code. Tax Exempt status determination was rendered under the initial name of the Trust which was the Employers Responsive Educational Cooperation Trust of North America. The general purposes of the Trust include the improvement and development of the union ironworking industry through Education, Training, Communication, Cooperation and governmental lobbying and legislative initiatives. The reporting, payment, frequency of payment and administration of such contributions shall be governed by the terms of the

IMPACT Trust agreement, policies and resolutions.

(D) Plan Assets: Any Benefit Fund contribution amounts owed to the various Benefit Funds as outlined above shall be Plan assets when said contributions are due and owing.

The reporting, payment, frequency of payment and administration of such contributions shall be governed by the terms of the IMPACT Trust

Agreement, this CBA, the Declarations of Trust and including policies and resolutions adopted by the Funds.

The IMPACT contribution shall be in lieu of any and all contractual requirements for contributions to the National Ironworkers and Employers

Apprenticeship Training and Journeymen Upgrading Fund and the Institute of the Ironworking Industry, except that contributions to the Local Union Training

Program shall continue. In addition, Local 399 and the Employer agree that by making contributions to IMPACT that each of them shall be bound to

IMPACT’s Drug and Alcohol Screening Policy and Procedure or equivalent program and any amendments or modifications thereto.

Section 6. Welfare Fund.

In addition to the base wage rate, the employer agrees to contribute to the Iron

Workers District Council (Philadelphia and Vicinity) Welfare Fund; the amounts agreed to in Article VII, Section 1, Appendix “A”, of this Agreement for each hour worked by his employees who are working under this Agreement, whether or not such employees are members of Local #399.

A. In calculating Welfare contributions, all fractions of hours shall be paid as full hours. Overtime hours are paid at the straight time hourly rate;

reference Appendix “A”.

Section 7. Retirement and Pension Fund:

In addition to the base wage rate, the employer agrees to contribute to the Iron

Workers District Council (Philadelphia and Vicinity) Retirement and Pension Fund the rate indicated in Appendix “A”, for each hour worked by employees who are working under this Agreement, whether or not such employees are members of Local #399. In calculating Retirement and Pension contributions, all fractions of hours shall be rounded to the next whole straight time hour, as noted in Appendix “A”. The Fund shall be administered as a trust.

Section 8. Apprenticeship Fund:

In addition to the base wage rate, the employer agrees to contribute to the

Apprenticeship Fund, in accordance with the rate established in Appendix “A”, for each hour paid by employees who are working under this Agreement, whether or not such employees are members of Local #399. In calculating contributions, all fractions of hours shall be paid at the straight time rate. This Fund shall be administered as a trust by the Joint Apprenticeship Committee.

Section 9. Industry Advancement Fund:

In addition to the hourly rate established within Appendix “A”, the employer agrees to contribute to the ACCNJ, (Associated Construction Contractors of New

Jersey), Industry Advancement Trust, at the rate established in Appendix “A”, for each hour paid on behalf of employees who are working under this Agreement, whether or not such employees are members of Local #399. Further, it is recognized that this fund is solely administered by the ACCNJ. In calculating contributions, all fractions of hours shall be paid at the straight time rate, as noted in Appendix “A”.

Section 10. IMPACT / Organizing Fund; Substance Abuse Program:

In addition to the hourly rate, established within Appendix “A”, the employer agrees to contribute to the IMPACT FUND the amount of five-eighths of one percent

(5/8 of 1%) of the applicable hourly journeyman wage for each hour worked.

Ironworkers Management Progressive Action Cooperative Trust (IMPACT) is a jointly trusted Cooperative Trust with federal tax-exempt status under Section 501 (c)(5) of the Internal Revenue Code. The general purposes of the Trust include the improvement and development of the Union Ironworking Industry through education, Training Communication, Cooperation and Governmental lobbying and legislative initiatives.

The reporting, payment, frequency of payment and administration of such contributions shall be governed by the terms of the IMPACT Trust Agreement, policies and resolutions.

Section 11. Benefit Payments:

All reports and Fund payments required in Article VII are due by the fifteenth day of the month following the period covered by such reports for “fully bonded employers. All “unbonded employers” must pay weekly. If an “unbonded employer” cannot pay weekly, they must post a check covering eighty (80) hours of pay for each employee on the payroll and benefits and shall be accompanied by a common form to be supplied by Local 399. Said form shall contain such information concerning the details of the payments and hours worked by covered employees as is necessary for the sound administration and operation of all Funds contained herein. A copy of said common form shall be sent with payment due to each Fund administrator.

Section 12. Combination Voucher Plan:

All benefits, other than welfare and pension, will be collected through a

"Contribution Voucher System". Vouchers shall be purchased by each employer from the Local Union Office and distributed as an actual part of the wages to all employees covered by this Agreement on a direct value related to the hours paid. Said Vouchers must be distributed to each employee no later than the pay day following the pay day for the pay period in which the hours were earned.

A. The fringe benefits included in this Voucher Plan are as follows:

1) The Iron Workers Local Union #399 Annuity Fund

2) Iron Workers Local #399 Joint Apprentice Fund

3) Iron Workers Local #399 Market Recovery Target Fund

4) Iron Workers Local #399 IMPACT/Organizing Fund

5) IAP Fund.

6) Iron Workers Local 399 Assessment Contribution

7) Iron Workers National Funds Contribution.

8) Iron Worker’s Assessment Contributions, National Funds, Market Recovery Target Funds and LU 399 PAC Fund are taxable.

It is agreed that all employees covered by this Agreement will remit payments on a value related to HOURS PAID for the above funds.

Section 13. Explanation of Individual Funds:

A. Annuity Fund: Effective July 1, 2023, in addition to the base wage rate, the employer agrees to remit to the Annuity Fund, in accord with the rate established within Appendix “A”, for each hour paid to employees who are working under this Agreement, whether or not such employees are members of Local Union #399. This Fund shall be administered as a

Trust, and both the Association and the Union shall be represented by an equal number of trustees. Employers bound by this Agreement are also bound by any rules or regulations contained in the Trust Agreement governing this Fund, provided that such Trust Agreement Rules and

Regulations shall not be inconsistent with this agreement.

B. Joint Apprenticeship Fund: Effective July 1, 2023, in addition to the base wage rate, the employer agrees to remit to the Joint Apprenticeship

Fund, a percentage of the hourly rate in accord with Appendix “A”, for each hour paid to each employee working under this agreement, whether or not such employees are members of Local Union #399.

C. Industry Advancement Program (IAP):

Effective July 1, 2023, in addition to the base wage rate, the employer agrees to contribute into the Industry Advancement Fund, in accord with the rate noted in Appendix “A”, for each employee working under this agreement, whether or not such employees are members of Local Union

#399.

D. Assessments:

The Employer shall deduct, at the rate referenced within Appendix “A”, for each hour paid to all employees covered by this agreement from their net, after tax, weekly pay.

E. National Funds:

The Employer shall deduct, at the rate referenced in Appendix “A”, for each hour paid to all employees covered by this agreement from their net, after tax, weekly pay.

F. National Iron Workers Political Action League (I.P.A.L.).

The employer shall deduct the amount noted in Appendix “A”, for every hour paid to all employees covered by this Agreement from the net, after tax, weekly pay.

G. Local 399 P.A.C. Fund:

The employer shall deduct the amount noted in Appendix “A”, for every hour paid to all employees covered by this Agreement from the net, after tax, weekly pay.

H. Ironworker Management Progressive Action Cooperative Trust

IMPACT:

Effective July 1, 2023 through June 30, 2028, in addition to the base wage rate,the employer agrees to contribute, for each employee working under this agreement whether or not such employees are members of

Local Union #399, to the IMPACT program, reference Appendix “A”.

Fund administration includes a committee comprised of Local #399 and

ACCNJ members.

I. Market Recovery Target Fund:

The Union has established a Market Recovery Target Fund (“MRF”) from their treasury paid contributions from members deposited into the

MRF account. The Union will administer in accordance with the rules and procedures they have adopted to further the work opportunities of their membership. These programs are under the management of the

Union and signatory employers may apply for project subsidies, which applications may be granted or denied by the sole discretion of the Union.

a. The purpose of the MRTF shall be to provide, in accordance with the MRTF Program, subsidies on specific jobs in order to enable eligible employers to bid more competitively against nonunion contractors, thereby increasing employment opportunities for

Local 399 members.

ARTICLE VIII

Hours of Work, Overtime, and Payment of Wages Section 1. Daily Straight Time Hours of Work:

Eight hours shall constitute a day’s work, and such shall be made between

7:00 a.m. and 3:30 p.m., Monday through Friday scheduled 40 hours per week, unless a different agreement is reached between the employer and the Union. A variable start time between 6:00 a.m. and 9:00 a.m. shall be allowed. All scheduled overtime hours will be paid at the appropriate overtime rate. The workday shall be interrupted by a meal period, without pay, between the fourth and sixth hour of work. The meal period may be adjusted by agreement between the employer or his representative and the employees on the job. Straight time hours shall not exceed eight in any one day or forty in any one week.

By mutual consent of Employer and Union, employees shall work 4-10 hour days. Monday through Thursday, at straight time pay. Friday shall be used as a make-up day for days lost due to inclement weather or for other mutually agreed reason.

If Friday is not a make-up day, all hours worked on Friday shall be paid at time and one- half the regular hourly rate. If a 4-10 hour scheduled project is changed for any reason other than inclement weather, the 10-hour work schedule will be forfeited for that week, and the applicable premium rates will apply. This includes calling off the project twelve (12) hours prior to the scheduled shift other than for inclement weather.

As such, 40 hours must be offered during the regular work week. If Friday is not a make-up day, the premium rate would apply. When working a five-day eight hour per day schedule, Monday through Friday, at straight time pay, Saturday shall be used as a make-up day for lost days due to inclement weather or for other reason agreed by mutual consent of the Employer and the Union. On prevailing rate projects and PLA projects Saturday cannot be a make-up day. If Saturday is not a make-up day, Saturday shall be paid at the regular rate plus one-half. All scheduled overtime hours will be paid at the appropriate overtime rate no matter of any lost time during the normal work week.

When an employee is laid off, he/she shall receive a full day’s wages. On a project that is working a four (4) day, ten (10), hour schedule the lay-off wages shall be ten

(10) hours.

When an Employer utilizes direct deposit for payroll, access shall be provided to their pay stub.

Section 2. Dispatch from the Hall:

A. When an employee is directed by the employer to report for work to a job, or the employer’s shop, whichever he/she has been sent to by the employer, and he/she is not put to work through no fault of his/her own or is employed for less than two hours, he/she shall receive two hours pay, unless work is prevented by weather conditions, providing he/she does report and remains on the job during the said two hours. There shall be no show up time provided the Ironworker is notified by 7:00 p.m. the evening before or twelve (12) hours prior to the commencement of the shift and provided there is no work falling within the jurisdiction of the Ironworker performed the following day and/or shift at that job site by another trade or Ironworker

Foremen. Contractors who violate this clause shall be subject to paying two hours of show up time for each Ironworker notified not to report to work.

If Ironworker Foremen from another project are employed on the project shut down, then employees instructed not to report to work shall be paid a full day’s wage. If an Ironworker is not notified within the time frames stipulated herein and reports to work, they shall be paid two hours show up time.

B. On jobs of more than eight (8) hours duration, (more than one day’s work), the employee(s) shall receive pay for the hours that he/she actually worked, but in no event less than four hours, unless work is prevented by weather conditions and providing, he/she remains on the job during the said four (4) hours if requested to do so by the contractor.

C. When an employee is dispatched from the Union Hall for a one (1) day job, he/she shall be paid eight hours regardless if the job is finished for any reason before that time.

D. Employers must report in advance of the job start and the dispatch of company Ironworkers on all new or existing projects to the Union under the portability policy. Failure to report the requested information of

Ironworkers will result in the denial of portability for that specific project.

Section 3. Coffee Break:

There shall be a mid-morning coffee break at a time convenient for both the employer and the employees not to exceed ten minutes at the employee’s place of work.

Where issues of safety prevail, the project supervision shall schedule breaks to coincide with other worksite disciplines. On projects working ten (10) hours shifts or more there shall be a mid-afternoon break not to exceed ten minutes at the employee’s place of work.

Section 4. Holidays:

The following holidays shall be observed, and when work is performed thereon, it shall be paid for at twice the base wage rate: New Year’s Day, Memorial Day, Independence Day, Labor Day, General and Presidential Election Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. When all trades on a particular jobsite agree, the day after Thanksgiving may be substituted for Veteran’s Day by mutual consent.

Employees who are scheduled to work on Christmas Eve Day shall work four hours and shall be paid for eight hours. When Christmas falls on a Sunday or Monday, employees shall work four hours and receive eight hours pay on the Friday preceding the holiday. There shall be no work performed on Labor Day except to protect or save life or property. Holidays specified herein which fall on a Sunday shall be observed on the following Monday. When, through no fault of their own, employees are unable to work on a regular workday due to operating engineers having a holiday, said employees shall receive two hours’ pay for said day without having to report as specified in Section

2. If employees are notified, at least twenty- four (24) hours in advance of starting time not to report to work on a given day because the operating engineers observe a holiday on such day, said employees shall not be entitled to any compensation.

In the event a project is shut down for an excluded holiday, or any reason beyond the boundaries of this contract, the Contractor shall allow the Ironworker employee(s) to make-up the missed hours by working a four (4) day, ten (10) hour schedule during that work week or to effect a make-up day on Saturday, by mutual consent of the

Employer and the Union.

Section 5. Overtime:

All overtime Monday thru Friday will be paid at time and one-half. The wage rate on Saturday will be time and one-half. Sundays and Holidays will be paid at the double time rate except as provided under shift work. When working Saturdays, Sundays or Holidays a full eight (8) hour scheduled shift is required unless another arrangement is mutually agreed upon by the Union and Contractor.

Except as provided under shift work, all time worked in excess of the regular eight (8) hour straight time day established in Section 1 of this Article, shall be paid at the applicable overtime rate as scheduled below:

Time and one half: Monday through Friday: the first four (4) hours worked in excess of the regularly established eight (8) hour workday shall be paid at the rate of time and one half. Any additional hours worked during the twenty-four (24) hour period shall be paid at the rate of double time.

Time and one half: Saturdays, not to exceed ten (10) hours of work.

All time worked after ten (10) hours on Saturdays will be paid at the rate of double time.

Double time: All time worked on Sundays and Holidays; over twelve

(12) hours Monday through Friday; and over ten (10) hours on Saturday shall be paid at the rate of double time.

On any bi-state overtime jobs, where craft jurisdiction requires an employer to use members of another building trades union in composition with employees covered herein, the overtime wage rate differential paid to the ironworker employees will be calculated as determined above – unless the overtime wage rate differential paid to the other trade union employees is greater – in that event, the ironworker employees will be paid the equivalent.

Section 6. Shift Work:

A. The employer may employ multiple shifts of any duration provided they end on a Friday or by 8:00 a.m. Saturday. Should the second or third shift, extend beyond the scheduled Friday or Saturday end time, the employer will provide one full shift pay at the termination of the extended shift. If any other schedule is contemplated Local 399, and the employer, must first consult and agree on the circumstances and conditions. When a two shift schedule is established, the first, or day shift shall be eight hours at regular pay rate plus a one half hour unpaid lunch. The second shift shall be established as an eight hour day at regular pay rate plus 10%, with a one-half hour unpaid lunch.

B. When a three shift schedule is determined, the first or day shift shall be 8 hours at the regular pay rate plus one half hour unpaid lunch. The second shift shall work 7 ½ hours and receive 8 hours at the regular pay rate plus

10% with a one half hour lunch. The third shift shall work 7 hours and receive 8 hours at the regular rate, plus 15% with a one-half hour lunch.

C. When there is no day shift, and a second or third shift is established, the following will prevail. The second shift shall be eight hours at the regular pay rate, plus 10% and including an unpaid one-half hour lunch. The third shift shall be eight hours, at the regular pay rate plus 15% with an unpaid one-half hour lunch.

D. When an irregular shift is necessary, the shift premium shall be no less than

15% above the journeyman rate. When this irregular shift falls on a

Saturday or a Sunday, the applicable premium rate shall apply plus the 15% differential.

E. Separate change and locker facilities shall be provided for each person’s tools and clothing items.

F. No employee shall work more than one shift in a 24 hours period.

G. All time worked before and after a regularly established shift, except wherein the shift extends beyond the scheduled Friday or Saturday termination referenced above, shall be paid at the applicable overtime rate.

When a portion of the regular established shift works into Saturday, Sunday, or a Holiday that time worked shall be paid at the applicable shift rate. On bi-state projects, when a portion of the regular established shift works into Saturday, Sunday, or a Holiday that time worked shall be paid at the applicable premium rate.

H. If the employer so elects, he may work either two or three shifts in a twenty-four hour period. In cases of emergency, said emergency shall be approved by the General Executive Board of the International Union, in concert with Local 399 and the employer. Shift work performed on holidays specified herein, Saturday, Sundays, or beyond the straight time, hours shall be paid for at the appropriate overtime rate as specified in

Section 5 above, beginning with the first or morning shift. There shall be a meal period without pay on each shift. Notwithstanding the contents of the aforementioned shift work provisions, the General Executive Board of the International Union may, in special cases, determine that the aforementioned provisions shall not apply. In said special cases, the

Guest

General Executive Board may state the special shift work hours and the payment for such shift work. In territories where the workday is less than eight hours per day, the shift work hours shall be shortened proportionately.

Section 7. Residential Rate:

When working on residential construction including single family, townhome or multi-family dwellings, which do not exceed four (4) stories, the hourly wage shall be eighty percent (80%) of the rate set forth in Schedule “A”. The full hourly fringe benefits shall be paid in accordance with this agreement based on all hours worked including overtime hours. A project is deemed residential when seventy-five percent

(75%) of the building based on square footage is zoned for residential use.

Section 8. Small Jobs at reduced rate:

Any private project that is less than 30,000 square feet, the parties involved by mutual consent may reduce the hourly wage to eighty percent (80%) of the rate set forth in Schedule “A” in order to be competitive. If the parties involved fail to agree to a wage rate reduction the rate will remain at one hundred percent (100%) of the rate set forth in Schedule “A”. In any event, the full hourly fringe benefits shall be paid in accordance with this agreement on all hours including overtime hours.

Section 9. Wage Payments:

An itemized statement identifying the employer and showing hours worked, wages earned, and all tax and other deductions made shall accompany the net wages paid. All deductions shall be listed separately. The employer may withhold a reasonable amount of wages in order to make up the payroll. Employees shall be paid prior to quitting time on the regular payday, which shall be once a week on such day as agreed upon between the employer and the Union. Should pay day fall on a holiday specified herein, employees shall be paid on the last regularly scheduled workday before the holiday. In the event of inclement weather on payday, employees shall be paid no later than 10:00 a.m. that day. All wages and fringe payments shall be by check, except when the Union has cause to doubt the financial responsibility of the employer. In all such cases, wage payments shall be in cash. When, through no fault of their own, employees are not paid by quitting time on the regular payday, or when laid off or discharged, they shall be paid waiting time until paid at the straight time base wage rate. If an employee is required to go to some point other than the job to be paid, he shall be paid for the time required to go to such place. Employees who quit on their own accord shall wait to be paid until the next regular pay day. If same day payment is impractical, for such reasons as payroll preparation requirements, jobsite delivery constraints, weather conditions, etc., next day 10:00 A. M. check delivery, to Local 399, by guaranteed delivery or courier, is acceptable. When checks are contemplated for delivery to Local

399, notice shall be provided to Local 399 by phone advice and a fax…