2018 Apartment Building AGREEMENT...apartment, save by the Employer, without the consent of the Union. 8. During any period in which it is not established that a majority of the employees

2018Apartment Building

AGREEMENT

BETWEEN

REALTY ADVISORY BOARDON LABOR RELATIONS

INCORPORATED

AND

SERVICE EMPLOYEESINTERNATIONAL UNION,

LOCAL 32BJ

EFFECTIVE APRIL 21, 2018TO APRIL 20, 2022


AGREEMENT

BETWEEN


INCORPORATED

AND


LOCAL 32BJ

EFFECTIVE APRIL 21, 2018TO APRIL 20, 2022

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TABLE OF CONTENTS

Article PageI. Union Recognition and Union Security ....1II. Coverage of Agreement /

Sub-Contracting ......................................10III. Wages, Hours & Working Conditions .....11IV. Management Rights ................................13V. Grievance Procedure ...............................14VI. Arbitration...............................................16VII. Reduction of Force ..................................20VIII. No Strikes or Lockouts ...........................24IX. Signatory Buildings / Multi-Employer

Bargaining ...............................................27X. Health, Pension, Training, Legal and

SRSP Funds.............................................33XI. Disability Benefits Law /

Unemployment Insurance Law ...............47XII. Sickness Benefits ....................................48XIII. Building Acquisition by Public

Authority .................................................51XIV. Building Classifications..........................51XV. Wages and Hours.....................................53XVI. Provisions Applicable to

Superintendents Only ..............................59XVII. Joint Industry Advancement Project .......65XVIII. New Development...................................69XIX. General Clauses.......................................69

1. Differentials.............................................692. Pyramiding ..............................................70

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Article PageXIX. General Clauses (cont’d.)

3. Holidays ..................................................714. Personal Day ...........................................745. Voting Time.............................................746. Schedules ................................................747. Relief Employees ....................................758. Method of Payment of Wages .................759. Leave of Absence and Pregnancy Leave....7610. Vacations and Vacation Replacements ....7811. Day of Rest..............................................8212. Uniforms and Other Apparel...................8213. First Aid Kit ............................................8314. Fire and Flood Call .................................8315. Eye Glasses and Union Insignia..............8316. Bulletin Board .........................................8317. Sanitary Arrangements............................8318. Replacements, Promotions, Vacancies,

Trial Period, Seniority and Newly HiredEmployees ...............................................84

19. Recall, Job Vacancies and Agency Fee .....8920. Termination Pay ......................................9121. Tools, Permits, Fines and Legal

Assistance................................................9322. Military Service ......................................9423. No Discrimination...................................9424. Employees’ Rooms and Utilities ...........10325. Definitions ............................................10326. Required Training Programs .................10427. Garnishments ........................................104

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Article PageXIX. General Clauses (cont’d.)

28. Death in Family .....................................10529. Union Visitation ....................................10530. Jury Duty...............................................10531. Identification.........................................10632. Service Center Visit ..............................10633. Death of Employee................................10734. Government Decrees .............................10735. Common Disaster..................................10836. Rent Collection .....................................10937. Lie Detector...........................................10938. Saving Clause........................................10939. Complete Agreement ............................10940. Transportation Costs .............................10941. Method of Service.................................11042. Security Background Checks................11043. Notices ..................................................11144. Building Safety .....................................11145. Work Authorization and Status

Disputes.................................................11146. Veteran Transition Assistance ...............11247. Wage and Hour Claims .........................112

XX. Term of Agreement and Renewals ........115Side Letters ...........................................................118Minimum Wage Rates...........................................126Index......................................................................130

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AGREEMENT made as of the 21st day of April,2018, by and between the REALTY ADVISORY BOARDON LABOR RELATIONS, INCORPORATED, hereincalled the “RAB,” acting on behalf of various owners ofapartment buildings and other employers who becomesignatory to this Agreement, herein severally referred toas “Employer,” and the SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ, hereinreferred to as the “Union,” acting on behalf of itsmembers and other building service employees to whomthis Agreement applies and for whom it is the collectivebargaining agency.

ARTICLE IUnion Recognition and Union Security

1. The Union is recognized as the exclusivecollective bargaining representative of allclassifications of service employees at each apartmentbuilding in New York City, Nassau, Suffolk, Duchess,Sullivan, Putnam, Rockland and Westchester countiesin New York, Connecticut and New Jersey, which iscommitted to this Agreement.

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

2. This Agreement shall apply to allclassifications of service employees employed by theEmployer. Article II of this Agreement shall also applyto employees of cleaning and maintenance contractors

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who employ employees in any building committed tothis Agreement working in any job category coveredby this Agreement.

3. There shall be a Union Shop throughout theterm of this Agreement in every building where therewas a Union Shop under the 2014 Apartment BuildingAgreement and in other buildings whenever it isagreed or determined that a majority of the employeesin such buildings are members of or have applied formembership in the Union.

The “Union Shop” requires membership in theUnion by every employee in the building as acondition of employment after the thirtieth dayfollowing employment or the execution date of thisagreement, whichever is later, or in the case of newlyorganized buildings, after the thirtieth day followingagreement or determination that a majority of theemployees in such buildings are members of or haveapplied for membership in the Union, and requires thatthe Union shall not ask or require the Employer todischarge or otherwise discriminate against anyemployee except in compliance with law.

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

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enforceable as a substitute for the Union securityclause provided for herein.

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

5. Upon receipt by the Employer of a letter fromthe Union’s Secretary-Treasurer requesting anyemployee’s discharge because he/she has not met therequirements of this Article, unless the Employerquestions the propriety of so doing, the employee shallbe discharged within fifteen (15) days of said notice ifprior thereto he/she does not take proper steps to meetsaid requirements. If the Employer questions thepropriety of the discharge, it shall immediately submitthe matter to grievance, and if not thus settled, to theArbitrator for final determination. If it is finally settledor determined that the employee has not met the saidrequirements, he/she shall be discharged within ten(10) days after written notice of the final determinationhas been given to the RAB and the Employer.

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

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discharge, after the final determination of thearbitrator.

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

7. No building service employee may beemployed in any building, except within a tenant’sapartment, save by the Employer, without the consentof the Union.

8. During any period in which it is not establishedthat a majority of the employees in a building aremembers of, or have made application for membershipin the Union, it is agreed that all employees who, uponthe date this agreement is signed for their building, aremembers of the Union in good standing in accordancewith the Constitution and By-Laws of the Union, andall employees who thereafter become members shall,as a condition of employment, remain Union membersin good standing during the life of the Agreement.

9. Upon execution of this Agreement theEmployer shall furnish the Union and the RAB with acomplete list of the names, social security numbersand home addresses and job location of all employeescovered by this Agreement and shall notify the Unionand the RAB of the names and social security numbersand home addresses and job location of each newemployee thereafter employed.

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

10. The Union shall have the right to inspect theEmployer’s Social Security reports and all payrollrecords (except the salary of the nonunionSupervisors) in order to determine if this Agreementis being complied with. The Union shall have the rightto expedited arbitration in the event an Employer failsto comply with this right of inspection. Inspectionsmay also be made by the Union or the Arbitrator at therequest of the RAB. The RAB may join the Union atall times when such examination is made. All BenefitTrust Funds established under this Agreement shallhave the same right to inspect as the Union but shallalso have the right to inspect Supervisor’s payrollrecords where Supervisors are covered by such Funds.

11. Each Employer agrees to deduct the Union’smonthly dues, initiation fees, and all legal assessmentsfrom the pay of each employee from whom it receiveswritten authorization and will continue to make suchdeductions while the authorization remains in effect.

The parties acknowledge and agree that the term"written authorization" as provided in this Agreementincludes authorizations or revocations created andmaintained by use of electronic records and electronicsignatures consistent with state and federal law. TheUnion, therefore, may use electronic records to verify

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Union membership, authorization for voluntarydeduction of Union dues and fees, as well as voluntarycontributions to the Union's American Dream Fund,from wages or payments for remittance to the Union,and authorization for voluntary deductions from wagesor payments for remittance to the American DreamFund. The Employer shall accept such electronicrecords from the Union as valid written authorizationsfor, or revocations of, deduction and remittance.

Employers who are currently accepting suchelectronic records as valid written authorizations orrevocations for deduction and remittance shallcontinue to do so. The parties recognize thatEmployers who are not currently accepting electronicrecords as valid written authorizations or revocationsmay need time and/or training to be able to do so. TheUnion shall provide any necessary training opportunityto the Employer to facilitate acceptance of electronicrecords as valid written authorizations or revocationsfor deduction and remittance. Those Employers whoare not currently accepting electronic records as validwritten authorizations or revocations shall commenceacceptance no later than nine (9) months from the datean Employer becomes signatory to this Agreement (the“Transition Period”), provided that any reasonablyrequested training has been provided by the Union. Itis understood that the transition to electronic recordsand electronic signatures may cause some delays.During the Transition Period, Employers who deductappropriately, but whose transmissions are delayed,

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shall not be subject to interest or penalties owing tosuch delays.

The Employer hereby agrees to deduct voluntarypolitical contribution deductions based uponauthorizations signed by the employees in accordancewith applicable law.

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

If the Employer fails to remit to the Union thedues or other monies deducted in accordance with thissection by the twentieth day, the Employer shall payinterest on such dues at the rate of one percent permonth beginning on the twenty-first day, unless theEmployer can demonstrate the delay was for goodcause due to circumstances beyond its control. Theinterest shall not be assessed for an Employer’s initialfailure to deduct voluntary political contributions untilthirty (30) days after the Employer has received writtennotice from the Union of its failure to deduct.

The Employer shall provide employee informationin connection with the transmission of dues, initiationfees, all legal assessments and other deductionsrequired to be transmitted to the Union (collectively,"Deductions"). Deductions from employees' paychecks

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shall be transmitted to the Union electronically viaACH utilizing the 32BJ self-service portal, unless theUnion directs, in writing, that Deductions be remittedby means other than electronic transmittals. The Unionshall specify reasonable information to be recordedand/or transmitted by the Employer, as necessary andconsistent with this Agreement.

Employers who are currently transmittingDeductions by ACH shall continue to do so. Theparties recognize that Employers who are not currentlytransmitting Deductions by ACH may need timeand/or training to be able to do so. The Union shallprovide any necessary training opportunity to theEmployer to facilitate electronic transmissions. ThoseEmployers who are not currently transmittingDeductions by ACH shall commence transmission byACH no later than nine (9) months from the date anEmployer becomes signatory to this Agreement (the“Transition Period”), provided that any reasonablyrequested training has been provided by the Union. Itis understood that the transition to ACH payment maycause some delays in effecting transmission. Duringthe Transition Period, Employers who deductappropriately, but whose transmissions are delayed,shall not be subject to interest or penalties owing tosuch delays.

If a signatory does not revoke the authorizationat the end of a year following the date of authorization,or at the end of the current contract, whichever isearlier, it shall be deemed a renewal of authorization,

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irrevocable for another year, or until the expiration ofthe next succeeding contract, whichever is earlier.

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

12. Nothing in this Article shall be construed asan admission that the Employer or his employees inany particular building are engaged in interstatecommerce, in an activity affecting interstatecommerce, in the production of goods for interstatecommerce, or that any particular building is coveredby the provisions of the Labor-Management RelationsAct, as amended.

13. In keeping with the extension of Article 1,Section 1, to include New Jersey, Connecticut, Nassau,Suffolk, Duchess, Sullivan, Putnam, Orange,Rockland and Westchester counties in New York andthe geographic jurisdiction of the Union, the RAB andthe Union will establish a joint industry committeecomprised of at least 6 representatives from all sectorsof the commercial and residential industry to meet onan ongoing basis, but not less than quarterly. Thecommittee shall review and analyze prevailing marketconditions, including wage and rental rates, anddevelop procedures for resolving union organizationaland representation disputes to minimize disruption andconflict, and to promote stable and efficient laborrelations and labor conditions.

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ARTICLE IICoverage of Agreement

Sub-Contracting

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

2. The Employer shall give advance written noticeto the RAB and the Union at least three (3) weeks priorto the effective date of its contracting for such services,or changing contractors, indicating the name andaddress of the contractor.

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

The Employer agrees that employees thenengaged in the work which is contracted out shallbecome employees of the initial contractor or anysuccessor contractor, and agrees to employ or re-employ the employees working for the contractorwhen the contract is terminated or cancelled. Thisprovision shall not be construed to preventtermination of any employee’s employment underother provisions of this Agreement relating toillness, retirement, resignation, discharge for cause,or layoff by reason of reduction of force; however,a contractor may not reduce force or change thework schedule without first obtaining written

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consent from the union, which shall not beunreasonably withheld.

If the contractor fails to comply with anyagreement with the Union covering the work whichwas contracted out, the Employer shall be liableseverally and jointly with the contractor for any andall damages relating to unpaid Health, Pension,Training, Legal and SRSP contributions. TheEmployer’s liability shall commence the date itreceives written notice from the Union or the RAB ofthe contractor’s failure to so comply.

4. This Article is intended to apply to allemployees employed in any building committed to thisAgreement and to categories of employees to theextent that such categories of employees are “fairlyclaimable” by the Union, within existing NationalLabor Relations Board case law. In the event that theapplication of this Article, or any part thereof, is heldto be in violation of law, then this Article, or any partthereof, shall remain applicable to the extent permittedby law.

ARTICLE IIIWages, Hours & Working Conditions

1. The wages, hours, terms and conditions ofemployment set forth in Article XV of this Agreementare hereby made part hereof.

2. Except as otherwise provided herein, the wagesset forth in the tables on pages 126-129 shall beeffective as of April 21, 2018, and all its other terms

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and conditions shall become effective on the payrolldate nearest to April 21, 2018. As to all buildings lateradopting this Agreement, it shall take effect uponacceptance by the Union.

3. No provision of this Agreement shall beconstrued so as to lower any employee’s wage. Ifemployees in any building have in effect a practice ofterms or conditions better than those provided forherein, applicable generally to them for wages, hours,sick pay, vacations, holidays, relief periods, jury duty,or group life insurance, such better terms or conditionsshall be continued only for employees who have hadsuch conditions. The Arbitrator may relieve theobligations in the preceding sentence if enforcementwould work an undue hardship, injustice or inequityupon the Employer.

A change of schedules or duties, so long asrequired relief and luncheon periods are reasonablyspaced, shall not violate this Section, provided theemployee, the Union and the RAB are given at leastone (1) week’s advance written notice and such changeis reasonable. The notice for shift changes i.e., changein work hours or days off, shall be three (3) weeks.However, where as of April 21, 2018, an employee(other than a Working Superintendent) regularlyreceived consecutive days off, the practice shallcontinue, and if any such employee leaves his positionfor any reason whatsoever, his replacement shall alsoreceive consecutive days off.

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ARTICLE IVManagement Rights

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

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

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

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

If any employee [other than a WorkingSuperintendent covered in Article XVI] is unjustlydischarged, the employee shall be reinstated withoutloss of seniority or rank and without salary reduction.The Joint Industry Grievance Committee or theArbitrator may determine whether, and to what extent,the employee shall be compensated by the Employerfor time lost.

4. In circumstances where the managing agentdemands the removal of an employee from furtheremployment in a building, but where there is not

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cause to terminate the employee, the Union willcontinue to work with signatory Employers to reacha mutually satisfactory resolution of the dispute, andto that end, will agree, in appropriate circumstances,to the transfer of the employee in question to anotherbuilding, within the same county, without loss of payor benefits.

ARTICLE VGrievance Procedure

It is agreed that harmonious relations between theparties require the efficient disposition of grievances.

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

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

2. To try to decide without arbitration, any issuebetween the parties which, under this Agreement, theymust submit to the Arbitrator.

3. The grievance may first be taken up between arepresentative of management and a representative ofthe Union. If it is not settled, it may be filed forarbitration.

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

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5. The grievance shall be simultaneouslysubmitted to the Joint Industry Grievance Committeewhen the grievance is filed.

6. The Committee shall be composed ofrepresentatives of the Union and the RAB, who maybe present at any meeting. It shall be the function ofthe Committee to seek and encourage the settlementof all disputes brought before it. Except inextraordinary circumstances, the parties willparticipate in a Committee meeting before a grievanceproceeds to arbitration, and the scheduling of aCommittee meeting shall not delay arbitration. If theCommittee meeting is not held before the arbitrationdate, the meeting will be cancelled.

7. Any grievance, except as otherwise providedherein and except a grievance involving basic wageviolations and Pension, Health, Training, Legal andSRSP contributions shall be presented to the RAB inwriting within 120 days of its occurrence, except forgrievances involving suspension without pay ordischarge which shall be presented within 45 days,unless the Employer agrees to an extension. TheArbitrator shall have the authority to extend the abovetime limitations for good cause shown.

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

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ARTICLE VIArbitration

1. A Contract Arbitrator shall have the power todecide all differences arising between the parties tothis Agreement as to interpretation, application orperformance of any part of this Agreement, and suchother issues as are expressly required to be arbitratedbefore the Arbitrator, including such issues as may beinitiated by the Trustees of the Funds. Nothing in thisAgreement shall preclude deferral where the NationalLabor Relations Act (“NLRA”) provides for deferral.

2. A hearing shall be initially scheduled withintwo (2) to fifteen (15) working days after either theUnion or the RAB has served written notice upon theOffice of the Contract Arbitrator, with copy to theother party, of any issue to be submitted. TheArbitrator’s oath-taking, and the period, and therequirements for service of notice in the formprescribed by statute are hereby waived. A writtenaward shall be made by the Arbitrator within thirty(30) days after the hearing closes, except inarbitrations involving a superintendent where theArbitrator shall have ten (10) days to issue an award.If an award is not timely rendered, either the Union orthe RAB may demand in writing of the Arbitrator thatthe award must be made within ten (10) more days. Ifno decision is rendered within that time, either theUnion or the RAB may notify the Arbitrator of thetermination of his/her office as to all issues submittedin that proceeding. By mutual consent of the Union

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and the RAB the time of both the hearing and decisionmay be extended in a particular case. If a party, afterdue written notice, defaults in appearing before theArbitrator, an award may be rendered upon thetestimony of the other party.

Upon the joint request of all parties, theArbitrator shall issue a “bench decision,” with writtenaward to follow within the required time period.

No more than one adjournment per party shall begranted by the Arbitrator without consent of theopposing party.

There shall be an expedited arbitration procedurewhere the contract so provides which shall require theArbitrator to hear and determine the matter within four(4) weeks after the demand for arbitration is filed.

Due written notice means mailing, faxing or handdelivery to the address of the Employer furnished tothe Union by the RAB.

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

3. The procedure herein with respect to mattersover which a Contract Arbitrator has jurisdiction shallbe the sole and exclusive method for the determinationof all such issues, and the Arbitrator shall have thepower to award appropriate remedies, the award beingfinal and binding upon the parties and the employee(s)

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or Employer(s) involved. Nothing herein shall beconstrued to forbid either party from resorting to courtfor relief from, or to enforce rights under, any award.In any proceeding to confirm an award of theArbitrator, service may be made by registered orcertified mail, within or without the State of New York,as the case may be.

4. Should either party fail to abide by anarbitration award within two (2) weeks after suchaward is sent by registered or certified mail to theparties, either party may, in its sole and absolutediscretion, take any action necessary to secure suchaward including but not limited to suits at law. Shouldeither party bring such suit it shall be entitled, if itsucceeds, to receive from the other party all expensesfor counsel fees and court costs.

5. Grievants attending grievances and arbitrationsshall be paid for their regularly scheduled hours duringsuch attendance.

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

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

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

John Anner Stuart Bauchner Noel Berman Melissa Biren Dean Burrell Howard C. Edelman Deborah Gaines Gary Kendellen Randi Lowitt Earl Pfeffer David Reilly Haydee Rosario William Schecter Julie Torrey

All cases involving a Superintendent or ResidentManager shall be assigned to Arbitrators John Anneror David Reilly.

Upon thirty (30) days written notice to each other,either the Union or the RAB may terminate theservices of any Arbitrator on the panel. Successor oradditional Arbitrators shall be appointed by mutualagreement of the Union and the RAB. In the event ofthe removal, death or resignation of all of theArbitrators, the successors or temporary substituteshall be chosen by the Union and the RAB. If the

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parties are unable to agree on a successor, then theChairman of the New York State EmploymentRelations Board shall appoint a successor afterconsultation with the parties.

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

ARTICLE VIIReduction of Force

1. The Employer shall have the right to reduce itsworkforce (a) due to economic hardship or (b) in thefollowing circumstances, provided that in the case ofeither (a) or (b) it can establish that the changes listedbelow eliminate an amount of work similar to theproposed reduction in worker hours:

(i) A change in work specifications or workassignment which results in a reduction ofwork

(ii) Elimination of all or part of specified work(iii) Vacancies in building(iv) Reconstruction of all or part of building(v) The tenant performing the work himself(vi) Introduction of technological advances(vii) Change in the nature or type of occupancy.

2. If the Employer desires to reduce its work forceit is required, in addition to their accrued vacationcredits and termination pay, if any, to give employeesemployed for one (1) year or more one (1) week’snotice of layoff or discharge, or in lieu thereof, an

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additional week’s pay. The Employer shall give four(4) weeks written notification to the Union and theRAB.

The Employer shall include in such notificationthe following:

(a) Reason for reduction, specifying whether thereduction is being made pursuant to one or more of thereasons set forth in Section 1 or Section 5 of thisArticle.

(b) Notification should include the precise workto be eliminated, setting forth the work hours spent oneach task to be eliminated and the change in schedulesand duties of remaining employees resulting from thereduction in force.

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

(d) If the reduction in force is proposed to beimplemented pursuant to Section 5 of this Article, thenotice shall so state. It shall include a detaileddescription of the work being performed by thoseallegedly working at an unusually slow pace or havingidle time; a description of additional work that suchemployees should be performing within their normalworking hours; the proposed reduction of force inwork hours; change in schedules and duties ofremaining employees resulting from the reduction in

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force. The notice shall include both present andproposed work specifications and schedules.

3. In the event that a reduction in the work force iseffected and the reason for the reduction in the workforce ceases to exist, then the Employer shall reinstatethe work force that existed prior to the reduction in force.

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

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

(b) The Employer shall affirmatively demon stratethat it has eliminated an amount of work similar to thereduction in worker hours.

(c) The arbitrator shall issue an award withinseven (7) calendar days after the close of the hearings.

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

5. In addition to the reasons provided for inparagraph 1 above, the Employer shall have the rightto reduce the work force where in those exceptionalcases it can demonstrate to a Special Committeeconsisting of the President of the Union or hisdesignee and the President of the RAB or his designee,that an employee has idle time or is working at anunusually slow pace. In the event the Employer claimssuch an exceptional case, it shall give the noticerequired pursuant to this provision and the daterequired by paragraph 2 hereof.

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At the conclusion of the four (4) week noticeperiod provided for in paragraph 2, the matter shall bereferred to the Special Committee. Such Committeeshall act within four (4) weeks after the Employer hasgiven notice to the Committee. If the Committeedeadlocks or if the Committee fails to act within saidfour (4) week period, the Employer may refer thematter to arbitration pursuant to the arbitrationprovisions of the contract. The matter shall be heardwithin four (4) weeks after it is submitted, and adecision shall be rendered within four (4) weeks of theclose of the hearing. No adjournments shall be grantedwithout mutual consent.

The Employer may not reduce the work force asproposed prior to the arbitrator’s award, provided,however, that if the arbitrator fails to issue his awardwithin the prescribed period, the Employer may reducethe work force as proposed, subject, however, to theultimate determination of the arbitrator.

6. In the event that the four (4) weeks noticeprovided for herein is not given and the Employerlays off employees pursuant to this provision, theEmployer shall pay an amount equal to the laid offemployees’ wages and fringe benefits (including, butnot limited to Pension, Health, Training, Legal andSRSP Fund Contributions, Holidays, Vacation, SickPay and Premium Pay) for the period beginning withthe layoff until four (4) weeks after the Employernotifies the Union or the issuance of a finalarbitration award, whichever is sooner, but in no

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event less than four (4) weeks even if the layoff isupheld by the arbitrator.

The fact that payment of employees’ wages andfringe benefits are provided for herein shall in no waybe construed as a limitation of the arbitrator’s powerand authority under other provisions of thisAgreement.

Where an Employer has more than one (1) caseunder subparagraph 5 in a building, it may consolidatesuch cases for purposes of proceeding before theSpecial Committee and/or the Arbitrator.

7. The parties renew their commitment toexpeditious utilization of the Agreement process toaddress staffing issues and to communicate on aregular basis on this subject. To that end, the SpecialCommittee shall meet, unless the parties agreeotherwise, on a date certain on each month, to bedetermined by the parties, with respect to issues thatarise under Article VII, Sections 1 and/or 5, or suchother items as the parties shall determine.

ARTICLE VIIINo Strikes or Lockouts

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

In the event of an alleged violation of this Article,the RAB or the Union may request an immediatearbitration. The Office of the Contract Arbitrator shall

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schedule a hearing on the alleged violation within 24hours. The Arbitrator shall issue an award determiningwhether or not said alleged strike or lockout is inviolation of the collective bargaining agreement andaward appropriate remedy. This is a proceduralprovision intended only to bring the arbitration onmore quickly.

2. If a judgment or Arbitrator’s award against theEmployer for Health, Pension, Training, Legal andSRSP Fund payments or wages or an award orjudgment against a contractor for these or otherpayments is not complied with within three (3) weeksafter such award is sent by registered or certified mailto the Employer or contractor at his last knownaddress, the Union may order a stoppage of work,strike or picketing in the building involved to enforcethe award or judgment, and it may also thereby compelpayment of lost wages to any employee engaged insuch activity. Upon compliance with the award and/orjudgment and payment of lost wages, such activityshall cease.

3. Except as otherwise provided in this Article,should either party fail to abide by an arbitration awardwithin three (3) weeks after such award is sent byregistered or certified mail to the parties, either partymay, in its sole and absolute discretion, bring an actionat law to enforce such award. Should either partycommence such suit it shall be entitled, if it succeeds,to receive from the other party all reasonable expensesfor counsel fees and court costs. Should either party

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fail to abide by an arbitration award and fail tocommence an action in court to vacate such awardwithin three (3) weeks after such award is served asprovided above, the aggrieved party shall have theright to strike and compel payment of lost wages toany employee engaged in strike activity or lockoutwithout affecting the other terms and conditions of theAgreement.

4. The Union may order a work stoppage, strikeor picketing in a building where work previouslyperformed by members of the Union or within theUnion’s jurisdiction is being performed by personsoutside of the bargaining unit anywhere in thebuilding, provided that 72 hours written notice is givento the Employer and the RAB of the Union’s intentionto do so.

5. The Union shall not be held liable for anyviolation of this Article where it appears that it hastaken all reasonable steps to avoid and end theviolation.

6. Labor Peace Committee – In the interest oflabor peace, and in recognition of the relationshipbetween the New York City Real Estate Industry andthe Union, the Union President, or his/her designee,and the RAB President, or his/her designee, and suchother persons as they may mutually designate(including representatives of any interestedemployers) shall convene on a quarterly basis, or atthe request of either President, to discuss any labordisputes, of which they are aware, with Employers.

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Both parties shall use their best efforts to notify theother party of such disputes in advance in order toprovide an adequate opportunity to seek to resolvesuch disputes.

ARTICLE IXSignatory Buildings

Multi Employer Bargaining

This Agreement may be adopted by anyapartment building in New York, at any time on orbefore June 30, 2018, by filing with the Union throughthe RAB its written assent to this Agreement, exceptthat the Union may refuse any assent if the building isalready bound by reason of an existing agreement withthe Union.

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

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

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

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(c) If the building was covered by any agreement,(1) during such period there is no layoff or change inwages, hours, terms or conditions of employmenttherein; (2) the new owner or transferee recognizesemployee seniority and vacation status; (3) allobligations to employees, and those pursuant to theHealth, Pension, Training, Legal and/or SRSP Funds,are fully paid up to the transfer date; and (4) provisionis made to pay retroactively any wage underpaymentsresulting from the building’s improper classificationunder Article XIV. Any adoption by the Employer shallbe deemed to be effective on the date of sale.

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

(e) Any Employer signatory to an agreement withthe Union other than this Agreement shall remainbound to the terms of that agreement until itsexpiration date. If such Employer joins the RAB it mayadopt the RAB contract and be fully covered by theterms of the RAB Agreement after expiration of itsother agreement and before execution of a newcontract provided:

(1) Notice in writing is given to the Union of suchadoption prior to the expiration of the other contract,

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

(3) The RAB approves such membership.

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

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

3. This Article notwithstanding, the Union mayrefuse to accept any building: (a) until it represents amajority of the building service employees; (b) wherecontributions for Pension, Health, Legal, Training andSRSP Funds are in default for three (3) months or morefrom the date payment was due; (c) where an award ofthe Arbitrator has not been complied with; or (d) whereduring the term of this or the preceding CollectiveBargaining Agreement, the Employer has taken abuilding whose employees are represented by the Unionand in which building it has not retained the employeesand/or existing conditions of employment. The right ofrefusal shall not be exercised in order to require thebuilding to become a party to any other agreement.Before so refusing any building or taking any furtheraction, the Union shall notify the RAB in writing.

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The Union shall not refuse or reject an assent tothis Agreement pursuant to any provisions of thisArticle unless and until the President of the Union orhis designee and the President of the RAB or hisdesignee have conferred in an effort to resolve anyconcerns with respect to the pending assent.

4. In the event an Employer intends to terminatehis employer-employee relationship under thisAgreement, then the Employer shall give the Unionand the RAB reasonable written notice prior to theeffective date thereof and upon the request of theUnion, the Employer shall meet with the Union tonegotiate the impact of such termination upon theemployees involved. The obligation to negotiate shallbe subject to arbitration but failure to agree on theimpact shall not be subject to arbitration.

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

The RAB shall also use its best efforts toencourage all its members who are signatory to thisAgreement to adopt this Agreement for each of theirbuildings located within the City of New York (exceptfor the Bronx).

In the event an Employer terminates an employeeor employees because of a change in ownership,operation, or control of a building or buildings, andsuch employee(s) are not offered employment or arenot employed by the succeeding Employer in the

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building or buildings at the then existing wages, hoursand working conditions, the terminated employee(s)shall receive severance pay in the amount of six (6)months pay, in addition to any other accrued paymentsdue under this Agreement.

Nothing herein contained shall be deemed to limitor diminish in any way the Union’s right to enforce thisAgreement against any transferee pursuant to applicablelaw concerning rules of successorship or otherwise; norlimit or diminish in any way the Union’s or anyemployee’s right to institute proceedings pursuant to theprovisions of State or Federal labor relations laws, orany statutes or rules which may be applicable.

5. In the event that the Union enters into acontract, or contracts, or enters into renewals ormodifications of a contract, or contracts with anyEmployer(s) covering apartment buildings whichcontain new or revised economic terms or otherconditions which are effective on or after April 21,2018, which economic terms or conditions are morefavorable to such Employer(s) than the termscontained in this Agreement, the RAB and all itsmember buildings shall be entitled to and may havethe full benefit of any and all of such more favorableterms, upon notification to the Union. This provisionmay be waived in writing for good cause shown by thePresident of the RAB or his designee and the Presidentof the Union or his designee.

Upon request of the President of the RAB, theUnion shall provide copies of any agreements outside

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of Brooklyn, Manhattan, Staten Island or Queens thatare more favorable to the Employer than the terms ofthis Agreement.

In buildings where wage rates under the categoryof “others” prior to April 21, 2018, were lower thanthose provided for in the 2014 Apartment BuildingAgreement, wage increases agreed to by the Unionand the Employers covering said buildings on or afterApril 21, 2018 shall not be construed as “morefavorable” within the meaning of this Article unlessthe percentage increase in wages of “others” categoryis lower than that provided for in this Agreement. Thisprovision shall not apply to:

(a) Newly organized buildings during their firstcontract period;

(b) Buildings in bankruptcy;

(c) Buildings in receivership;

(d) Employees who are solely and exclusivelysecurity guards;

(e) One person buildings;

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

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

The Union shall furnish the RAB a list of presentagreements which are more favorable to the Employerthan this Agreement.

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Any Employer claiming financial hardship inoperating a building may request a hearing before aSpecial Committee consisting of the President of theUnion or his designee and the President of the RABor his designee. At such hearing, the Employer shallpresent proof of financial hardship, including, withoutlimitation, financial statements. The Committee maygrant or deny in whole or in part relief from theprovisions of this contract. This provision shall not besubject to grievance and arbitration.

ARTICLE XHealth, Pension, Training, Legal and SRSP Funds

A. HEALTH FUND

1. The Employer shall make contributions to ahealth trust fund, known as the “Building Service 32BJHealth Fund,” to cover employees covered by thisAgreement who work more than two (2) days perweek, with such health benefits as may be determinedby the Trustees of the Fund. The Employer may, unlessrejected by the Trustees, upon execution of aparticipation agreement in the form acceptable to theTrustees, cover such other of its employees as it mayelect, provided such coverage is in compliance withlaw and the Trust Agreement.

Employees who are on workers’ compensation orwho are receiving statutory short term disabilitybenefits, Building Service 32BJ long term disabilitybenefits, or a Building Service 32BJ disabilitypension, shall be covered by the Health Fund without

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employer contributions until they may be covered byMedicare or thirty (30) months from the date ofdisability, whichever is earlier.

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

2. The Employer shall continue to contribute tothe Fund $18,494.44 per year for each coveredemployee, payable when and how the Trusteesdetermine.

Effective January 1, 2019 the rate of contributionto the Fund shall be increased to $19,790.80 peremployee per year.

3. Except as qualified by Article III, Section 3 ofthis Agreement with respect to group life insurance,any Employer who becomes party to this Agreementand who has a plan in effect immediately prior thereto,which provides health benefits, the equivalent or betterthan the benefits provided for herein, and the cost ofwhich to the Employer is at least as great, may uponagreement of the Union and the RAB, cover itsemployees under its existing plan in lieu of this Fund.

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

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

The parties agree that if the recently passedhealthcare reform legislation or any futuregovernmental healthcare reform requires (i) anypayment by contributing Employers for some or all ofthe benefits already provided for in the Health Fundto participants or (ii) requires any contributingEmployers to pay any excise or other tax, penalty(including assessable payments), fee or other amountrelating to or resulting from the eligibilityrequirements of or the level of benefits provided bythe Fund, the parties shall recommend that the Trusteesrevise the plan of benefits under the Fund so that suchexcise or other tax, penalty (including assessablepayments), fee or other amount are not payable. In theevent the Trustees do not revise the plan of benefitsunder the Fund so that such excise or other tax, penalty(including assessable payments), fee or other amountare not payable, the affected Employers’ contributions

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to the Fund, or contributions to the other Benefit Fundsshall be reduced by the amount of such excise or othertax, penalty (including assessable payments), fee orother amount.

With respect to any future governmentalhealthcare reform that requires any paymentsdescribed in (i) and/or (ii) in this paragraph, thebargaining parties will bargain over what torecommend to the Trustees consistent with the goalsof maintaining quality benefits and containing costs.

5. Health Fund Study Committee

The RAB and the Union reaffirm their strongcommitment to continue the work of the Health FundStudy Committee to evaluate the Building Service32BJ Health Fund benefits and operations, with thegoal being to recommend to the Trustees ways for theHealth Fund to continuously save money on medical,administrative and other costs associated with theHealth Fund while maintaining high quality of care forHealth Fund participants. The bargaining parties havealready accepted the previous recommendations of theHealth Fund Study Committee to save the Health Fundat least $70 million per year in costs commencing nolater than January 1, 2012 and recommended to theHealth Fund Trustees, who acted upon therecommendations, to take all legal action necessary sothat (i) such recommended savings measures areimplemented by the Health Fund; (ii) the Health Fundreserves do not fall below an amount equivalent to noless than six (6) full months of benefit costs and

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operating expenses; (iii) such measures shall notthereafter be modified absent unanimous agreement ofthe Trustees; and (iv) such measures are made with theintent of being permanent and within the purposes ofthe aforementioned cost savings. The provisions ofsubsections (ii) through (iv) of the prior sentence shallcontinue to apply to any new recommended savingsmeasures that are implemented by the Health Fundpursuant to this Section. The Health Fund StudyCommittee shall meet regularly, and on an ongoingbasis, to continue to monitor and review Health Fundexpenditures and trends, to evaluate and consider bestpractices and developments in cost-effective methodsof providing quality benefits for the purposes ofcontinuing to ensure that substantial savings are beingrealized and to recommend any and all appropriatemeasures to modify or modulate cost-trends, and tomake recommendations to the collective bargainingparties and/or Fund Trustees regarding potential actionsincluding, without limitation, for further savings. TheHealth Fund Study Committee shall be comprised ofthe President of the RAB and the President of theUnion, or their designees, and the RAB and Union shallbe represented in equal numbers.

Notwithstanding the foregoing, the Health FundStudy Committee will meet regularly once a quarterto review a report from the Health Fund staff ofmaterial items of Fund revenues and expenses for theprior six-month period and anything else deemedappropriate by Fund staff. In addition, the Health

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Fund staff will also notify the Health Fund StudyCommittee as soon as possible upon the occurrence ofany extraordinary event(s) or other information that isreasonably likely to have a material adverse effect onthe revenues and/or expenses of the Fund in the future(“Extraordinary Event”), and the Health Fund StudyCommittee will hold a special meeting shortly aftersuch notification. In advance of any such specialmeeting (or at any regular quarterly meeting in whichan Extraordinary Event is to be reported), the HealthFund Study Committee shall require the Health FundBenefit Consultant and Fund staff to provide theCommittee with such information and projections(including options for measures to be taken to savemoney on medical and hospital costs and/or changesthat can adopted to the Fund’s plan of benefits) as isdeemed necessary by the Health Fund StudyCommittee for such meeting. At such meeting theHealth Fund Study Committee shall negotiate as to theappropriate actions, if any, they agree to jointlyrecommend to the Trustees for adoption to address thecircumstances raised by such Extraordinary Event.

6. If during the term of this Agreement, theTrustees find the payment provided herein isinsufficient to maintain benefits, and adequatereserves for such benefits, they shall require the partiesto increase the amounts needed to maintain suchbenefits and reserves subject to Article X, Section F(4). In the event the Trustees are unable to reachagreement on the amount required to maintain benefits

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and reserves, the matter shall be referred to arbitrationpursuant to the dead lock provisions of the Fund’sAgreement and Declaration of Trust. The precedingmaintenance of benefits provision shall be suspendedfor the life of this Agreement.

B. PENSION FUND

1. The Employer shall make contributions to apension trust fund known as the “Building Service32BJ Pension Fund” to cover bargaining unitemployees who are regularly employed twenty (20) ormore hours per week, including paid time off. TheEmployer shall also make contributions on behalf ofother bargaining unit employees to the extent that suchemployees work a sufficient number of hours to requirebenefit accrual pursuant to Section 204 of ERISA.

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

2. Except as provided in Section 4 hereof, orelsewhere in the Agreement, the rate of contributionto the Fund described in Section 1 above shall beincreased to $110.75 per week. The bargaining partiesagree that the foregoing contribution requirements forthe Pension Fund are consistent with the contributionrate schedules required by the Pension Fund’srehabilitation plan under Section 432 of the InternalRevenue Code.

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3. Except as provided in Section 4 hereof, orelsewhere in the Agreement, effective January 1, 2019,the rate of contribution to the Fund described inSection 1 above shall be increased to $114.75 perweek. The bargaining parties agree that the foregoingcontribution requirements for the Pension Fund areconsistent with the contribution rate schedulesrequired by the Pension Fund’s rehabilitation planunder Section 432 of the Internal Revenue Code.

4. If the Employer has in effect a pension andretirement plan which has been determined to providebenefits equivalent or superior to those provided underthe Building Service 32BJ Pension Plan, it maycontinue such plan provided it continues to provideretirement benefits equivalent or superior to thebenefits that are provided under the Building Service32BJ Pension Plan during the term of this Agreement,and it shall be relieved of any obligation to makepayments into the Fund.

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

6. In no event shall the Trustees or any of them,the Union or the RAB, directly or indirectly, by reason

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of this Agreement, be understood to consent to theextinguishment, change or diminution of any legalrights, vested or otherwise, that anyone may have inthe continuation in existing form of any suchEmployer pension plan, and the Trustees or any ofthem, the Union and the RAB shall be held harmlessby an Employer against any action brought by anyonecovered under such Employer’s plan asserting a claimbased upon anything done pursuant to Section 5 of thisArticle. Notice of the pendency of any such actionshall be given to the Employer who may defend theaction on behalf of the indemnitee.

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

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

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

C. TRAINING, SCHOLARSHIP AND SAFETYFUND

The Employer shall make contributions to atraining and scholarship trust fund known as the“Thomas Shortman Training, Scholarship and SafetyFund” to cover employees covered by this Agreementwho work more than two (2) days per week, with suchbenefits as may be determined by the Trustees. EffectiveApril 21, 2018, the rate of contributions to the ThomasShortman Training, Scholarship and Safety Fund shallbe $169.60 per year for each covered employee, payablewhen and how the Trustees determine.

D. GROUP PREPAID LEGAL FUND

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

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be determined by the Trustees. Effective January 1,2019, the rate of contributions to the Legal Fund shallbe $199.60 per employee per year, payable when andhow the Trustees determine.

E. SUPPLEMENTAL RETIREMENT ANDSAVINGS (SRSP) FUND

The Employer shall make contributions to a trustfund known as the “Building Service 32BJSupplemental Retirement and Savings Fund” to coverbargaining unit employees who are regularly employedtwenty (20) or more hours per week, including paidtime off, with employer contributions as hereinafterprovided and tax exempt employee wage deferrals asprovided by the Plan and/or Plan rules. Employercontributions for other bargaining unit employees shallalso be required for each week in which they worktwenty (20) or more hours, including paid time off.Effective April 21, 2018, the rate of contributions tothe SRSF shall be $10.00 per week per employee,payable when and how the Trustees determine.

For those Resident Managers and full-timeSuperintendents who have been employed as aResident Manager or full-time Superintendent for atleast two (2) years in that position in the building, theEmployer shall contribute an additional $10.00 perweek to the SRSF for time worked in that position.

The Employer shall contribute an additional$10.00 per week to the SRSF for each employee uponthe employee’s completion of 25 years of service,provided, however, that if as a result of the 2020

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Commercial Building Agreement such employeesreceive additional pension benefits for years of servicein excess of 25, the obligation under this provisionshall cease on the effective date of the commencementof such additional benefits.

Effective January 1, 2019, in addition to thecontributions provided above, each Employer mayvoluntarily elect to implement an additionalcontribution to the SRSF for its Resident Managersand full-time Superintendents in an amount to bedetermined in the absolute discretion of the Employer,but not to exceed such amount as may be determinedby the Fund, payable as determined by the Employer,subject to the rules established by the Trustees. Theadditional contribution(s) described herein can berevoked or discontinued by the Employer, consistentwith rules established by the Fund, at any time andshall not be considered a practice of providing termsor conditions of employment better than thoseprovided for in this Agreement. The parties shalldirect the Trustees of the SRSF to develop anynecessary rules, processes and procedures that willgovern the implementation of the additionalcontribution, including any required documentation tobe executed by the Employer and rules relating tofrequency and timing of contributions. The RAB andthe Union shall develop a form of an agreement to beused for the implementation of such additionalcontributions, which shall be recommended to theTrustees.

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F. PROVISIONS APPLICABLE TO ALL FUNDS

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

Any Employer regularly or consistentlydelinquent in Health, Pension, Training, Legal andSRSP Fund payments may be required, at the optionof the Trustees of the Funds, to provide the appropriateTrust Fund with a security guaranteeing promptpayment of such payments.

2. By agreeing to make the required paymentsinto the Funds, the Employer hereby adopts and shallbe bound by the Agreement and Declaration of Trustas it may be amended and the rules and regulationsadopted or hereafter adopted by the Trustees of eachFund in connection with the provision andadministration of benefits and the collection ofcontributions. The Trustees of the Funds shall makesuch amendments to the Trust Agreements, and shalladopt such regulations as may be required to conformto applicable law, and which shall in any case providethat employees whose work comes within thejurisdiction of the Union (which shall not beconsidered to include anyone in an important

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managerial position) may only be covered for benefitsif the building in which they are employed has acollective bargaining agreement with the Union. Anydispute about the Union’s jurisdiction shall be settledby the President of the Union and the RAB’s President.

3. Employees shall have a waiting period ofninety (90) days before becoming eligible to beparticipants in the Funds and no contribution shall bemade on behalf of the employees over the 90-dayperiod.

4. Effective as of January 1, 2020, anycontributions and benefits required hereunder (exceptSRSF) shall be increased by any amount and in thesame manner as contributions and benefits may beincreased in the Commercial Building Agreement tosucceed the presently effective 2016 CommercialBuilding Agreement, and if in said successoragreement service fees are required to be paid, thesame fees shall be required to be paid hereunder;provided, however, (i) the aggregate increase incontributions to the Health Fund and Pension Fund(including for this purpose any such contributions thatwould be payable if not for the reductions thereof byvirtue of the application of the provisions of SectionA.4 or Section B.7 (2)) effective anytime in 2020, shallnot exceed $17.56 per week per employee; and (ii) theaggregate increase in contributions to the Health Fundand Pension Fund (including for this purpose any suchcontributions that would be payable if not for thereductions thereof by virtue of the application of the

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provisions of Section A.4 or Section B.7 (2)) effectiveanytime in 2021 shall not otherwise exceed $18.31 perweek per employee.

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

ARTICLE XIDisability Benefits Law

Unemployment Insurance Law

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

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

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

4. If the employee requests workers’ compensationbenefits from the Employer then no sick leave shall bepaid to such employee unless the employee specificallyrequests in writing payment of such leave. If an

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employee requests disability benefits from theEmployer then only five (5) days sick leave shall be paidto such employee (if the employee has that amountunused) unless the employee specifically requests inwriting payment of additional available sick leave.

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

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

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

ARTICLE XIISickness Benefits

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

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

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

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

3. Employees who have continued employmentto the end of the calendar year and have not used allsickness benefits and have no unpaid leaves of absence(except Union-paid, Union-sponsored leave forcollective bargaining and Union governance functions)shall be paid in the succeeding January, one full day’spay for each unused sick day.

Any employee who has a perfect attendancerecord for the calendar year shall receive an attendancebonus of $200.00 in addition to payment of the unusedsick days.

For the purpose of this provision, perfectattendance shall mean that the employee has not usedany sick days.

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

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4. For the purpose of this Article, one (1) year’semployment shall be reached on the anniversary dateof employment.

Employees who complete one (1) year of serviceafter January 1, shall receive a pro rata share ofsickness benefits for the balance of the calendar year.

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

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

6. The parties agree that on an annual basis thepaid leave benefits provided regular employeesunder this Agreement are comparable to or betterthan those provided under the New York City EarnedSafe and Sick Time Act, N.Y.C. Admin. Code §20-911 et seq. Therefore, the provisions of that Act arehereby waived.

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ARTICLE XIIIBuilding Acquisition by Public Authority

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

ARTICLE XIVBuilding Classifications

1. (a) Class A buildings are buildings where theassessed value of the land and building, based upon the1935 assessment, divided by the number of rooms in thebuilding, gives an assessed value of over $4,000 a room;

(b) Class B buildings are buildings where theassessed value of the land and building, based uponthe 1935 assessment, divided by the number of roomsin the building, gives an assessed value of over $2,000a room, and not over $4,000 a room;

(c) Class C buildings are buildings where theassessed value of the land and building, based uponthe 1935 assessment, divided by the number of roomsin the building, gives an assessed value of $2,000 orless a room.

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(d) All non-publicly financed buildings now or inthe future owned cooperatively or in condominiumshall be classified Class A and wages shall be paidaccordingly.

2. In classifying buildings completed and openedfor occupancy after the levying of the 1935assessment, the first year of assessment shall control.Where a building is newly erected or remodeled andopened for occupancy after April 21, 1976, and whereits proper classification as finally determinedindicated that the employees had been paid wageslower than required under said classification,employees shall be paid retroactively all amounts theywould have received under the proper classification.

3. In calculating the number of rooms, a roomshall be considered to be a rentable room enclosed byfour (4) walls, with a door and with a window facinga street, court, areaway or airshaft.

4. Bathrooms shall not be counted as roomsexcept in apartments of three rooms or less, wherebathrooms shall be counted as halfrooms, but thisprovision shall not cause a revision of existingclassifications.

5. Rooms occupied by the superintendent andservants, if above cellar or basement level, shall beincluded in the total number of rooms.

6. Where stores are on the ground floor, thenumber of rooms on that floor shall be considered tobe the same number, less three, as on a typical floor.

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7. When eighty (80) percent of a building’s areaand total number of units are changed to commercialand/or professional occupancy, it shall be considereda commercial building no longer covered under thisagreement but shall be covered under the applicableCommercial Building Agreement.

ARTICLE XVWages and Hours

A. BUILDING SERVICE EMPLOYEES OTHERTHAN WORKING SUPERINTENDENTS

1. (a) Effective April 21, 2018, each employeecovered hereunder shall receive a wage increase offifty-seven and one-half cents ($0.575) for eachregular straight-time hour worked.

(b) Effective April 21, 2019, each employeecovered hereunder shall receive a wage increase offifty-seven and one-half cents ($0.575) for eachregular straight-time hour worked.

(c) Effective April 21 2020, each employeecovered hereunder shall receive a wage increase ofseventy-five cents ($0.75) for each regular straight-time hour worked.

(d) Effective April 21, 2021, each employeecovered hereunder shall receive a wage increase ofeighty cents ($0.80) for each regular straight-time hourworked.

(e) Additionally, the minimum hourly ratedifferentials for handypersons including all employeesdoing similar or comparable work by whatever title

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known, shall be increased by five cents (5¢) effectiveApril 21, 2018, April 21, 2019, April 21, 2020 andApril 21, 2021 for each regular straight-time hourworked, and each such employee shall receive a wageincrease in an amount necessary to bring them up tothe new contract minimum.

(f) Effective April 21, 2019, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York MetropolitanArea (New York-New Jersey) Urban Wage Earners andClerical Workers] from February 2018 to February2019, exceeds 6.5% then, in that event, an increase of$.10 per hour for each full 1% increase in the cost ofliving in excess of 6.5% shall be granted effective forthe first full workweek commencing after April 21,2019. In no event shall said increase pursuant to thisprovision exceed $.20 per hour. In computingincreases in the cost of living above 6.5%, less than.5% shall be ignored and increases of .5% or moreshall be considered a full point. Any increaseshereunder shall be added to the minimum.

(g) Effective April 21, 2020, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York MetropolitanArea (New York-New Jersey) Urban Wage Earners andClerical Workers] from February 2019 to February2020, exceeds 6% then, in that event, an increase of$.10 per hour for each full 1% increase in the cost ofliving in excess of 6% shall be granted effective forthe first full workweek commencing after April 21,

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2020. In no event shall said increase pursuant to thisprovision exceed $.20 per hour. In computingincreases in the cost of living above 6%, less than .5%shall be ignored and increases of .5% or more shall beconsidered a full point. Any increases hereunder shallbe added to the minimum.

(h) Effective April 21, 2021, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York MetropolitanArea (New York-New Jersey) Urban Wage Earners andClerical Workers] from February 2020 to February2021 exceeds 6%, then, in that event, an increase of$.10 per hour for each full 1% increase in the cost ofliving in excess of 6% shall be granted effective forthe first full work week commencing after April 21,2021. In no event shall said increase pursuant to thisprovision exceed $.20 per hour. In computingincreases in the cost of living above 6%, less than .5%shall be ignored and increases of .5% or more shall beconsidered a full point. Any increases hereunder shallbe added to the minimum.

(i) Minimum wage rates shall be those set forthin the tables on pages 126-129 hereof, plus applicablecost of living increases, if any.

2. (a) The standard workweek shall consist of five(5) days of eight (8) hours each, but the two (2) daysoff in such standard workweek need not be consecutive,except as provided in Article III, Section 3.

Overtime at the rate of time and one-half theregular straight-time hourly rate shall be paid for all

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hours worked in excess of eight (8) hours per day orforty (40) hours per week, whichever is greater. A paidholiday shall be considered as a day worked for thepurpose of computing overtime pay.

Every employee shall be entitled to two (2) daysoff in each workweek and any work performed on suchdays shall be considered overtime and paid for at therate of time and one-half.

The straight-time hourly rate shall be computedby dividing the weekly wage by the number of hoursin the standard workweek.

(b) Luncheon recess shall not be less than forty-five (45) minutes nor more than one (1) hour, and noemployee shall be required to take time off in anyworkday in excess of one (1) hour for luncheon recesswithout having such time charged against theEmployer as working time.

(c) No regular full-time employees shall havetheir regular work hours, as set forth above, reducedbelow the standard workweek in order to effect acorresponding reduction in pay.

(d) Hours of work for all full-time employeesshall be consecutive each day, except for the luncheonperiod.

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

(f) Any employee who spends one full week or

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more performing work in a higher paying categoryshall receive the higher rate of pay for such service.

(g) Employees required to work overtime shall bepaid at least one (1) hour at the overtime rate, exceptfor employees working overtime due to absenteeismor lateness.

(h) Any employee who has worked eight (8) hoursin a day and is required to work at least four (4) hoursof overtime in that day, shall be given a $15.00 mealallowance.

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

(j) The Employer agrees to use its best efforts toprovide a minimum of sixteen (16) hours off betweenshifts for its employees.

B. WORKING SUPERINTENDENTS

1. (a) Effective April 21, 2018, Superintendentscovered by this Agreement shall receive a $26.00weekly wage increase.

(b) Effective April 21, 2019, Superintendentscovered by this Agreement shall receive a $26.00weekly wage increase.

(c) Effective April 21, 2020, Superintendentscovered by this Agreement shall receive a $33.00weekly wage increase.

(d) Effective April 21, 2021, Superintendentscovered by this Agreement shall receive a $35.00weekly wage increase.

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(e) Superintendents shall be covered under thesame provision regarding cost of living increases setforth in Section A, paragraphs 1 (f), (g) and (h) of thisArticle applicable to other employees.

(f) Certain special Superintendents agreementscovering unusual cases, including part-time andworkout Superintendents, shall be negotiatedindividually as heretofore.

2. (a) The standard workweek shall consist of fivedays (40 hours) but the two (2) days off in suchworkweek need not be consecutive. The Employer mayreschedule the Superintendent’s days off, eitherconsecutively or non-consecutively; provided,however, that the Employer must give theSuperintendent at least one (1) week’s notice of anychange in scheduled days off.

(b) In all other respects the building’s presentpractices as to the Superintendent’s duties shallcontinue and, as heretofore, the Superintendent shalltake care of emergencies. If he/she is required by theEmployer to perform other than emergency work onhis days off, he/she shall receive equivalent time offduring the same workweek or a day’s pay at the timeand one-half rate, as the case may be, by agreementbetween the Employer and Superintendent. Nothingherein shall be construed to affect any rights aSuperintendent may have under the Fair LaborStandards Act.

(c) The Superintendent shall not be required todo work in conflict with law.

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(d) When an obvious inequity exists by reason ofa Superintendent’s regular application of highlyspecialized abilities in his/her work, or where this workimposes special or substantial additionalresponsibilities, the Union may question the amountof the Superintendent’s wage once during the term ofthis Agreement through grievance and arbitration.

ARTICLE XVIProvisions Applicable to Superintendents Only

A. JOB SECURITY AND SEVERANCE PAYFOR WORKING SUPERINTENDENTS

1. If the building is demolished or there is a bonafide transfer of title or leasehold resulting in asubstantial change in the beneficial interest in thebuilding, the Employer will pay the Superintendent onor about the date of demolition or transfer of title theseverance pay provided for below, plus accruedvacation credits, unless the Employer offers anequivalent position in the same or in another buildingwithout loss of seniority. If the Employer does notoffer such an equivalent position and theSuperintendent receives severance pay, and if the newEmployer continues the Superintendent on the job andbecomes party to this agreement, seniority forseverance pay purposes shall be computed from thedate of transfer of title or change in beneficial interest.

2. If the Employer discharges the Superintendentfor reasons other than those set forth in Section 5below, it shall give the Superintendent thirty (30) days’

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written notice by registered mail or personal serviceto vacate the apartment he/she occupies in thebuilding. If the Superintendent does not contest his/herdischarge, he/she shall receive an additional thirty (30)days to vacate the apartment. If the Superintendent isrequired to do any work during this notice period,he/she shall be paid at his/her regular rate of pay.

A Superintendent who voluntarily vacates saidapartment within thirty (30) days after notice (sixty(60) days if discharge is not contested) shall receiveseverance pay or moving expenses on the followingbasis according to length of service:

Less than 6 months ............$1000 moving expenses6 months but less than 2 years..............4 weeks pay2 years but less than 3 years .................5 weeks pay3 years but less than 4 years .................6 weeks pay4 years but less than 5 years .................7 weeks pay5 years but less than 6 years .................8 weeks pay6 years but less than 7 years .................9 weeks pay7 years but less than 8 years ...............10 weeks pay8 years or more. ..................................11 weeks pay

unless the Superintendent deliberately provokedhis/her dismissal, or his/her conduct constituted awillful or substantial violation of the obligations of hisemployment, but this limitation shall not apply tomoving expenses.

3. The Union may question the propriety of thetermination of the Superintendent’s services and demandreinstatement, or severance pay, if any, as the case maybe, by filing a grievance within fifteen (15) calendar days

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following receipt by the Superintendent of the notice tovacate, on the charge that the Employer acted arbitrarily;provided, however, that the time to file a claim forseverance pay shall not be limited in a case where theEmployer fails to honor an agreement with theSuperintendent or the Union to pay severance pay. If thematter is not adjusted through the grievance procedure,it shall be submitted for final determination to theArbitrator who may sustain the termination with suchseverance pay, if any, as the case may be, or orderreinstatement. The Arbitrator shall give due considerationto the Superintendent’s fiduciary and managementresponsibilities and to the need for cooperation betweenthe Superin tendent and the Employer.

4. The Employer’s notice to the Superintendent tovacate the apartment shall be considered held inabeyance and the effective date thereof consideredpostponed, if necessary, until the matter is adjusted ordetermined through grievance or arbitration; but theUnion must exercise its right to question theEmployer’s action within the prescribed time and thematter must be processed with reasonable promptness.

No employer shall commence an evictionproceeding, or seek to collect use and occupancy priorto an arbitrator’s award provided that thesuperintendent agrees in writing not to contest aneviction proceeding in the event that the arbitrator hasupheld the discharge. There shall be no interruption ofutilities or other essential services to thesuperintendent’s apartment prior to the date an

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arbitrator’s award ordering such superintendent tovacate his/her apartment.

5. The Employer, by written notice servedpersonally or by registered mail, may require theSuperintendent to vacate the living premisesimmediately in exceptional cases where theSuperintendent’s continued presence might jeopardizethe tenants, employees, or the building and where theproper operation of the building requires theimmediate employment of a replacement. The Unionmay question the termination of the Superintendent’sservices by filing a grievance within seven (7) calendardays following the receipt by the Superintendent of thenotice to vacate.

6. The provision for arbitration of discharge shallnot apply for the first six (6) months of aSuperintendent’s employment. Upon agreementbetween the Union and the Employer with respect toany individual Superintendent or Resident Manager,the provision for arbitration of discharge shall notapply for an additional six (6) months of aSuperintendent’s or Resident Manager’s employment.For grievances arising during the first two (2) monthsof employment, the presentation period referred to inArticle V, Section 7 shall be 240 days.

7. Any Superintendent resigning or terminatedbecause of physical or mental inability to performduties shall receive severance pay in addition toaccrued vacation credits based upon the scheduleprovided in this Article.

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Such a Superintendent may resign and receiveseverance pay if he/she submits satisfactory evidenceof such inability at the time of termination, unless,because of circumstances connected with his/hercondition, the Superintendent is unable to comply withthis requirement.

In the event of a dispute concerning thesufficiency of the evidence, the matter shall beresolved in accordance with Article XIX, paragraph20.

B. COVERAGE OF AGREEMENT

1. All Superintendents for whom the Union is thecollective bargaining agent are covered under thisAgreement unless they are covered by the ResidentManagers Agreement. Effective immediately, theassents for the Apartment Building Agreement andResident Managers Agreement shall be submitted inone form.

2. Superintendents employed in buildings withsix (6) or more employees shall hereafter be coveredby the Resident Managers Agreement except thatincumbent Superintendents previously covered by theApartment Building Agreement shall continue toreceive wage increases on dates set forth by theApartment Building Agreement. SuccessorSuperintendents shall receive increases set forth by theResident Managers Agreement.

3. Buildings included in Section 2 hereof shallcease to be covered by the Resident Managers

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Agreement and the Superintendents in such buildingsshall thereafter be covered by this Agreement if duringthe life of this agreement the work force in suchbuildings drops below six (6) including theSuperintendent.

4. The provisions of Section 2 hereof to thecontrary notwithstanding, any building with fewer thansix (6) building service employees, including theSuperintendent, which was covered by the 2014Resident Managers Agreement shall be covered by the2018 Resident Managers Agreement for theSuperintendent until one of the following occurs:

(a) Legal title of the building is transferred(b) There is a change in Employer(c) There is change in Superintendent(d) There is a reduction in force(e) There is a violation of Article I of this

Agreement or Article II of the Resident ManagersAgreement (Subcontracting).

Immediately upon the occurrence of any of theabove events, the building shall be covered by theWorking Superintendents provision of the 2018Apartment Building Agreement for theSuperintendent.

If as a result of one of the above events there is anew Employer, such Employer shall not have accessto the 2018 Resident Managers Agreement for theSuperintendent.

5. Buildings which do not fall within anycategory set forth in Section 2 hereof, will be covered

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by the 2018 RAB Working Superintendents section ofthis Agreement regardless of the size of the work force.

6. (a) Resident Managers will not perform theduties of apartment building employees on strike afterthe expiration of the 2018 Apartment BuildingAgreement except for:

(1) Emergencies involving health and safety ofthe building.

(2) Work which the Resident Manager normallyperforms during non-strike periods.

(b) Violation of Section 6(a) hereof will cancelthe existing Resident Managers Agreement for thebuilding in which the violation occurs and theResident Manager will be covered by the successorRAB Working Superintendent section of theApartment Building Agreement for the term of suchsuccessor agreement.

7. The Union will not interfere with ResidentManagers in the performance of their assigned non-bargaining unit duties. The bargaining unit referred toherein is the unit under the 2018 Apartment BuildingAgreement.

ARTICLE XVIIJoint Industry Advancement Project

The Union and the RAB recognize that they havea common interest in pursuing efforts that willpromote development and growth in the real estateindustry, as growth and development (1) create afavorable business environment for real estate industry

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employers and provide enhanced job opportunities; (2)strengthen communities and New York City’seconomy; and (3) provide a path for a viable future forNew York City. The Union and the RAB agree toestablish this Joint Industry Advancement Project tofurther their common interest, upon the followingterms:

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

2. The Board of Directors of the Project shallmeet at least quarterly, or more frequently if the co-chairs so direct. No action may be taken by the Projectexcept upon unanimous consent. Voting shall be byblocks, the five Union-appointed Directors collectivelyshall cast one vote, and the five (5) RAB-appointedDirectors collectively shall cast one vote.

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

4. The Union and the RAB may contributefunds and/or provide assistance to the Project uponsuch terms as are agreed to jointly by the RAB andthe Union.

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5. The actions which the Project may undertakeshall include, without limitation, monitoring of and/orinvolvement with issues of mutual interest to theindustry and union in legislative, governmental orregulatory forums, at the local, state or national level(“Mutual Issues”) as well as education, research,advertising, and/or publicity for the purpose ofenhancing development and growth of the real estateindustry. What is included in Mutual Issues shall bediscussed and defined by the parties. The parties mayadd to or delete from the list of Mutual Issues fromtime to time as they mutually agree.

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

7. The Union and the RAB agree that they shallrefrain, insofar as practicable and except as warrantedby a change of circumstances, from taking positionson issues contrary to the positions taken by the Project.

8. To facilitate good faith coordination,accountability and transparency on Mutual Issues, theRAB directors and the Union directors, shall on anannual basis, on or before January 31 of each year,report in writing to each other as to the Mutual Issuesthey have worked on during the past year, whetherindependently or together (the “JTAP Report”). Theparties shall exchange their respective JTAP Reportsprior to the first quarterly meeting of the year, and

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shall review them together at that meeting, with thegoals being to identify better ways of working togetherand transparently communicating with each other,particularly where there are divergent viewpoints. TheJTAP Reports also shall be utilized to set theCommittee’s agenda for the coming year.

9. Neither party shall propose any legislation orregulation (including without limitation anyamendment or revision to existing legislation orregulation) on Mutual Issues to any governmentalbody of any kind without having given written noticeto the other party of the concepts on which suchlegislation or regulation is based (“LegislativeConcepts”). Such written notice shall disclose thematerial details of the Legislative Concepts. TheUnion’s notice shall be sent to the President of theRAB. The RAB’s notice shall be sent to thePresident of the Union. The parties shall discuss theLegislative Concepts at their next scheduledquarterly meeting or at a special meeting which shallbe requested at least 30 days before the legislationis transmitted, orally or in writing, to anygovernmental body. Notwithstanding the foregoing,the parties intend that they will discuss prospectiveLegislative Concepts before they decide to transmitit to any governmental body in order that they maysolicit and endeavor to accommodate the views ofthe other party.

10. This Project may be terminated by either theRAB or the Union on thirty (30) days’ notice to the

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other party. Any assets or liabilities of the Project atthe time of termination shall be allocated equally tothe RAB and the Union.

ARTICLE XVIIINew Development

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

ARTICLE XIXGeneral Clauses

1. Differentials

Existing wage differentials among classes ofworkers within a building shall be maintained. It isrecognized that wage differentials other than those

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required herein may exist or arise because of wagesabove the minima required by this Agreement. Nochange in such differentials shall be considered aviolation of this Agreement unless it appears that itresults from an attempt to break down the wagestructure for the building.

Where an obvious inequity exists by reason of anemployee’s regular application of specialized abilitiesin their work, the amount or correctness of thedifferential or wage may be determined by grievanceand/or arbitration.

Notwithstanding the above, it is understood thatlicensed engineers covered under this Agreement shallreceive the same wages and benefits as paid toengineers under the Realty Advisory Board (RAB)Agreement covering licensed engineers in New YorkCity except that Pension, Health, Legal and TrainingFund contributions shall continue to be paid under theterms of this Agreement.

2. Pyramiding

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

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3. Holidays – The following are the recognizedcontract holidays:

HOLIDAY 2018 2019 2020 2021 2022

New Year’s Day Jan. 1 Jan. 1 Jan. 1 Jan. 1 Tuesday Wednesday Friday Saturday

Martin Luther Jan. 21 Jan. 20 Jan. 18 Jan. 17King Day Monday Monday Monday Monday

Presidents’ Day Feb. 18 Feb. 17 Feb. 15 Feb. 21 Monday Monday Monday Monday

Memorial Day May 28 May 27 May 25 May 31 Monday Monday Monday Monday

Independence July 4 July 4 July 4 July 4Day Wednesday Thursday Saturday Sunday

Labor Day Sept. 3 Sept. 2 Sept. 7 Sept. 6 Monday Monday Monday Monday

Columbus Day Oct. 8 Oct. 14 Oct. 12 Oct. 11 Monday Monday Monday Monday

Election Day Nov. 6 Nov. 5 Nov. 3 Nov. 2 Tuesday Tuesday Tuesday Tuesday

Thanksgiving Nov. 22 Nov. 28 Nov. 26 Nov. 25Day Thursday Thursday Thursday Thursday

Christmas Day Dec. 25 Dec. 25 Dec. 25 Dec. 25 Tuesday Wednesday Friday Saturday

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Elective Holiday: Select one of the following or apersonal day at the option of the employee.

HOLIDAY 2018 2019 2020 2021 2022

Lincoln’s Feb. 12 Feb. 12 Feb. 12 Feb. 12Birthday Tuesday Wednesday Friday Saturday

Good Friday Apr. 19 Apr. 10 Apr. 2 Apr. 15 Friday Friday Friday Friday

Eid al-Fitr June 15 June 5 May 24 May 13 Friday Wednesday Sunday Thursday

September 11 Sept. 11 Sept. 11 Sept. 11 Sept. 11 Tuesday Wednesday Friday Saturday

Yom Kippur Sept. 19 Oct. 9 Sept. 28 Sept. 16 Wednesday Wednesday Monday Thursday

Veterans Day Nov. 11 Nov. 11 Nov. 11 Nov. 11 Sunday Monday Wednesday Thursday

In the event the employee selects a personal dayin accordance with the above schedule it shall begranted according to the following provision:

Employees entitled to a personal day may selectsuch day off on five (5) days notice to the Employerprovided such selection does not result in a reductionof employees in the building below 75% of the normalwork staff. Such selection shall be made in accordancewith seniority.

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

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

Any regular full-time employee ill in any payrollweek in which a holiday falls is entitled to holiday payor corresponding time off (meaning one day) if theemployee worked at least one (1) day during the saidpayroll week.

Any regular full-time employee whose regularday(s) off falls on a holiday, shall receive an additionalday’s pay therefore or at the option of the Employer,an extra workday off within ten (10) days immediatelypreceding or succeeding the holiday. If the employeereceives the extra day off before the holiday andemployment is terminated for any reason whatever, theemployee shall not be required to compensate theEmployer for that day.

Holiday Substitution Committee. The partiesshall form a joint committee to evaluate the potentialsubstitution of personal days for holidays provided

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under Article XIX, Section 3. The Committee shall beempowered to consider and/or implement a pilotprogram at selected buildings, select holidaysappropriate for substituting, and establish guidelinesfor the scheduling of personal days.

4. Personal Day

All employees shall receive a personal day ineach contract year. This personal day is in addition tothe holidays listed in Aricle XIX, Section 3 above. Thepersonal day shall be scheduled in accordance with thefollowing provision:

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

5. Voting Time

Election Day is a recognized holiday and anyemployee who is required to work and who gives legalnotice shall be allowed two (2) hours off, such hoursto be designated by the Employer, while the polls areopen. Said two (2) hours shall be included in the eight(8) hour day for which such employee receives hisregular straight-time idle pay, but shall not beconsidered as hours actually worked for the purposeof premium pay.

6. Schedules

Overtime, Sunday and holiday work shall beevenly distributed so far as is compatible with the

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efficient operation of the building, except whereSunday is a regular part of the workweek.

7. Relief Employees

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

8. Method of Payment of Wages

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

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

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

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

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

The Union recognizes that certain employees andEmployers desire to utilize a bi-weekly payroll

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schedule. Employers recognize that bi-weekly paymay create hardships for certain employees. Theparties have previously agreed to create an industry-wide committee to study the bi-weekly pay issue. Theindustry-wide committee is now authorized to conductpilot programs instituting bi-weekly pay at anyselected residential building(s) where the Union andthe Employer agree to institute bi-weekly pay. If bi-weekly pay is permitted under the CommercialBuilding Agreement, then it should be permitted underthis Agreement.

9. Leave of Absence and Pregnancy Leave

(a) Once during the term of this Agreement, uponwritten application to the Employer and the Union, aregular full-time employee (exclud ing a workingSuperintendent) em ployed in the building for five (5)years or more shall be granted a leave of absence forillness or injury not to exceed six (6) months.

The leaves of absence outlined above are subjectto an extension not exceeding six (6) months in thecase of bona fide inability to work whether or notcovered by the New York State Workers’Compensation Law or New York State DisabilityBenefits Law. When such employee is physically andmentally able to resume work, that employee shall onone (1) week’s prior written notice to the Employer bethen reemployed with no seniority loss.

In cases involving on-the-job injuries, employeeswho are on medical leave for more than one (1) yearmay be entitled to return to their jobs if there is good

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cause shown.

(b) Regular full-time employees (excluding aworking Superintendent) employed for two (2) yearsbut less than five (5) years shall be granted a leave ofabsence for illness or injury not to exceed one hundredtwenty (120) days.

(c) In buildings where there are more than four(4) employees, an employee shall be entitled to a four(4) week leave of absence without pay forpaternity/maternity leave. The leave must be takenimmediately following the birth or adoption of thechild.

Pregnancy shall be treated as any other disabilitysuffered by an employee in accordance with applicablelaw.

(d) Once every five (5) years, upon six (6) weeks’written application to the Employer, a regular full-timeemployee (excluding a working Superintendent)employed in the building for five (5) years or moreshall be granted a leave of absence for personalreasons not to exceed four (4) months. Upon returningto work, the employee shall be reemployed with noloss of seniority. Any time limitation with regard tothe six (6) weeks written application shall be waivedin cases where an emergency leave of absence isrequired.

(e) Any employee requesting a personal leave ofabsence shall be covered for health benefits during theperiod of the leave provided the employee requests

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welfare coverage while on leave of absence and paysthe Employer in advance for the cost of same.

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

(g) Employers shall provide family leave inaccordance with the coverage and requirements of theNYS Paid Family Leave (“NYSPFL”) Law. AnyEmployer who is required by law to comply with theprovisions of the Family and Medical Leave Act(FMLA) shall comply with the requirements of saidAct. All leaves under paragraphs (a), (b) and (c) ofthis Section will run concurrently with applicableFMLA leave, applicable NYSPFL leave and/orapplicable State or City law leave requirements.

(h) The RAB will encourage Employers tocooperate in granting leaves of absence for Unionbusiness.

10. Vacations and Vacation Replacements

a. Every employee employed with substantialcontinuity in any building or by the same Employershall receive each year a vacation with pay, as follows:

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

Length of employment for vacation shall bebased upon the amount of vacation an employee wouldbe entitled to on September 15th of the year in whichthe vacation is given, subject to grievance andarbitration where the result is unreasonable.

Part-time employees regularly employed shallreceive proportionate vacation allowance based on theaverage number of hours per week they are employed.

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

Firemen who have been employed more than one(1) full firing season in the same building or by thesame Employer shall be considered full-timeemployees in computing vacations.

Regular days off and contract holidays fallingduring the vacation period shall not be counted. If acontract holiday falls during the employee’s vacation

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period, the employee shall receive an additional day’spay therefore, or, at the Employer’s option, an extraday off within ten (10) days immediately preceding orsucceeding a vacation.

Vacation wages shall be paid prior to the vacationperiod unless otherwise requested by the employee,who is entitled to actual vacation and who cannotinstead be required to accept money.

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

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

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

Any employee leaving their job for any reason,shall be entitled to a vacation accrual allowancecomputed on the employee’s length of service asprovided in the vacation schedule based on the elapsedperiod from the previous September 16th (or from the

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date of the employee’s employment if later employed)to the date of their leaving. Any employee who hasreceived a vacation during the previous vacationperiod (May 1st through September 15th) and wholeaves their job during the next vacation period undercircumstances which entitled the employee to vacationaccrual rights, shall be entitled to full vacation accrualallowances instead of on the basis of the elapsed periodfrom the previous September 16th. Any employee whohas received no vacation and has worked at least six(6) months before leaving their job shall be entitled tovacation allowance equal to the vacation allowanceprovided above.

No employees leaving their positions of their ownaccord shall be entitled to accrued vacation unless theemployee gives five (5) working days terminationnotice.

Any Employer assuming this Agreement shall beresponsible for payment of vacation pay and grantingof vacations required under this Agreement which mayhave accrued prior to the Employer taking over thebuilding less any amounts paid or given for thatvacation year. In the event that the Employerterminates its Employer-employee relationship underthis agreement and the successor Employer does nothave an agreement with the Union providing for atleast the same vacation benefits, the Employer shallbe responsible for all accrued vacation benefits.

b. A person hired solely for the purpose ofrelieving employees for vacation shall be paid 60% of

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the minimum applicable regular hourly wage rate.Should a vacation relief employee continue to beemployed beyond five months, such employee shall bepaid the wage rate of a new hire or experienced personas the case may be. If a vacation replacement is hiredfor a permanent position immediately after working asa vacation replacement, such employee shall be creditedwith time worked as a vacation replacement towardcompletion of the 42-month period required to achievethe full rate of pay under the “New Hires” provision.

In the event that the arbitrator finds that anEmployer is using this rate as a subterfuge, such arbitratormay, among other remedies, award full pay from the dateof employment at the applicable hiring rate.

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

11. Day of RestEach employee shall receive at least one (1) full dayof rest in every seven (7) days.

12. Uniforms and Other Apparel

Uniforms and work clothes where they have beenrequired by the Employer or where necessary for thejob shall be supplied and maintained by the Employer.All uniforms shall be appropriate for the season.

It is understood that where the Employer does notrequire uniforms, the employees shall be free to wearsuitable clothing of their choice.

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Employees doing outside work shall be furnishedadequate wearing apparel for the purpose.

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

13. First Aid Kit

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

14. Fire and Flood Call

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

15. Eye Glasses and Union Insignia

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

16. Bulletin Board

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

17. Sanitary Arrangements

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

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18. Replacements, Promotions, Vacancies, TrialPeriod, Seniority and Newly Hired Employees

a. In filling vacancies or newly created positionsin the bargaining unit, preference shall be given tothose employees already employed in the building,based upon the employee’s seniority, but training,ability, efficiency, appearance and personality for aparticular job shall also be considered.

All vacancies and newly created positions shallbe subject to a posting in the respective building for aperiod of seven (7) calendar days so that bargainingunit employees can express an interest in filling theposition. In buildings where the Employer employsfifteen (15) or more employees, if the filling of theinitially posted vacancy or newly created positioncauses another vacancy, that vacancy shall be subjectto a posting in the building. Any subsequent vacancycaused by the filling of a posted position shall not berequired to be posted before being filled.

If a present employee cannot fill the job vacancy,the Employer must fill the vacancy in accordance withthe other terms of this collective bargainingagreement.

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

In case of layoffs due to reduction of force,departmental seniority shall be followed, except asprovided in Article XIX, Section 20(c) below, with due

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consideration for the efficiency and special needs ofthe department.

In filling vacancies or newly created positions thewages shall be those prevailing and in force in thebuilding for similar work, excluding extra payattributable to years of service or specialconsiderations beyond the requirements of the jobwhich the replacement is not qualified to meet.

In applying the foregoing paragraphs, thejudgment of the Employer shall control, subject togrievance and arbitration.

b. There shall be a trial period for all newly hiredemployees for sixty (60) calendar days except as providedfor Superintendents in Article XVI paragraph 6.

c. Anyone employed as a vacation replacement,extra or contingent with substantial regularity for aperiod of four (4) months or more shall receivepreference in steady employment, other considerationsbeing equal.

d. The seniority date for all positions under theagreement shall be the date the employee commencedworking in the building for the agent and/or ownerregardless of whether there is a collective bargainingagreement and regardless of the type of workperformed by the employee.

e. A New Hire employed in the “other” categoryshall be paid a starting rate of eighty percent (80%) ofthe minimum wage rate. A New Hire employed as a“superintendent” in a building with five (5) or fewer

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employees may be paid a starting rate of eighty percent(80%) of the applicable contract rate.

Upon completion of thirty (30) months ofemployment, the New Hire shall be paid the fullminimum wage rate. For purposes of this provision,thirty (30) months of employment shall include eachmonth (counting portions of a month in excess offifteen (15) days as a full month but excludingemployment as a vacation relief unless such vacationrelief work immediately precedes permanent hire asnoted in Section 10(b) above) that a New Hire workedin the New York City Building Industry (“Industry”)during the twenty-four (24) months immediatelypreceding the date of hire by the current employer.

A New Hire hired on or after April 21, 2014 shallbe paid seventy-five percent (75%) of the applicableminimum regular hourly wage rate for the first twenty-one (21) months of employment. Such employeesshall be paid eighty-five percent (85%) of theapplicable minimum regular hourly wage rate for thetwenty-second (22nd) through forty-second (42nd)month of employment. Upon completion of forty-two(42) months of employment, such employees shall bepaid the full minimum wage rate. For purposes of thisprovision, twenty-one (21) months of employment andforty-two (42) months of employment shall includeeach month (counting portions of a month in excessof fifteen (15) days as a full month but excludingemployment as a vacation relief unless such vacationrelief work immediately precedes permanent hire as

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noted in Section 10(b) above) that a New Hire workedin the Industry during the twenty-four (24) monthsimmediately preceding the date of hire by the currentemployer.

Any employee who was employed in the industryas of April 20, 1997 shall be considered an“Experienced Employee.” An Experienced Employeeshall receive the full minimum rate of pay from thedate of hire.

There shall be no Employer contributions to theBuilding Service Pension Fund on behalf of any NewHire employed in the category of “Other” during thefirst year of employment. Employer contributions foremployees described above shall be requiredcommencing on the first day of the month followingthe employee’s completion of twelve (12) calendarmonths of employment with the Employer, less thenumber of calendar months (counting portions of amonth in excess of fifteen (15) days as a full month)worked in the Industry during the preceding two (2)years (excluding employment as a vacation reliefunless such vacation relief work immediately precedespermanent hire as noted in Section 10(b) above).

There shall be no Employer contributions to theSupplemental Retirement and Savings Fund on behalfof any New Hire employed in the category of “Other”during the first two (2) years of employment.Employer contributions for employees described aboveshall be required commencing on the first day of themonth following the employee’s completion of twenty-

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four (24) calendar months of employment with theEmployer, less the number of calendar months(counting portions of a month in excess of fifteen (15)days as a full month) worked in the Industry duringthe preceding two (2) years (excluding employment asa vacation relief unless such vacation relief workimmediately precedes permanent hire as noted inSection 10(b) above).

Contributions to the Building Service PensionFund and Supplemental Retirement and Savings Fundshall commence after three (3) months of employmentfor employees hired in job categories other than“Other” and Experienced Employees (those employedin the Industry as of April 20, 1997).

No experienced employee may be terminated ordenied employment for the purpose of discriminationon the basis of his/her compensation and/or benefits.

The Union may grieve such discrimination inaccordance with the grievance and arbitrationprovisions of the Agreement (Article V and Article VI).

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

(1) In case of termination – reinstate theexperienced employee with full back pay and allbenefits retroactive to date of experienced employee’sdischarge.

(2) In case of failure to hire – If the arbitratordetermines that an experienced employee was not

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given preference for employment absent good cause,he or she shall direct the Employer to hire theexperienced employee with full back pay and benefitsretroactive to date of denial of hire.

19. Recall, Job Vacancies and Agency Fee

(a) Any employee who has been employed for one(1) year or more in the same building, and who is laidoff, shall have the right of recall, provided that theperiod of the layoff of such employee does not exceedsix (6) months.

Recall shall be in the reverse order of laid offemployee’s departmental seniority. The Employer shallnotify by certified mail, return receipt requested, thelast qualified laid off employee at their last knownaddress, of any job vacancy and a copy of this noticeshall be sent to the Union. The employee shall then begiven seven (7) days from the date of mailing of theletter in which to express in person or by registered orcertified mail a desire to accept the available job. Inthe event any employee does not accept recall,successive notice shall be sent to qualified employeesuntil the list of qualified employees is exhausted.

Upon re employment, full seniority status, lessperiod of layoff, shall be credited to the employee. Anyemployee who received termination pay and issubsequently rehired shall retain said termination payand for purpose of future termination pay shall receivethe difference between what the employee has receivedand what the employee is entitled to if subsequentlyterminated at a future date. Any vacation monies paid

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shall be credited to the Employer against the currentvacation entitlement. Further, in the event an Employeror agent has a job vacancy in a building where thereare no qualified employees on layoff status, theEmployer or agent shall use its best efforts to fill thejob vacancy from qualified employees of the Employeror agent who are on layoff status from other buildings.

(b) Upon the occurrence of any job vacancy notfilled by current employees of the Employer, oremployees recalled pursuant to other provisions of thisAgreement, the Employer shall notify the Union andthe New York State Employment Bureau (NYSEB)two (2) weeks prior to the existence of a vacancy. Suchnotice shall be confirmed in writing. In the event theEmployer does not have two (2) weeks notice, it shallnotify the Union and the NYSEB upon notice of thevacancy. The NYSEB or the Union shall referqualified applicants to such a vacancy within three (3)working days of the request, or shorter periods in thecase of emergencies. If the NYSEB or the Union isunable to refer qualified applicants satisfactory to theEmployer within three (3) working days, or suchshorter period required by an emergency, the Employershall be free to hire in the open market.

This procedure shall not be applicable if theEmployer hires directly an employee experienced inthe building service industry.

When the Employer has hiring procedures whichsubstantially make available work to experiencedemployees in the building service industry, the parties

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shall waive this provision by mutual agreement. If theparties cannot agree, the matter shall be submitted toarbitration.

In the event the Union establishes a hiring hallduring the life of this Agreement, appropriatesubstitute language shall be agreed upon.

No employee shall be employed through a feecharging agency unless the Employer pays the full fee.

20. Termination Pay

(a) In case of termination of employment becauseof the employee’s (excluding a workingSuperintendent) physical or mental inability toperform their duties, the employee shall receive, inaddition to accrued vacation, termination payaccording to service in the building or with the sameowner, whichever is greater, as follows:

Employees with: Pay: 5 but less than 10 years ...........1 week’s wages 10 but less than 12 years ..........2 weeks wages 12 but less than 15 years ..........3 weeks wages 15 but less than 17 years. .........6 weeks wages 17 but less than 20 years. .........7 weeks wages 20 but less than 25 years ..........8 weeks wages 25 or more ..............................10 weeks wages

An employee physically or mentally unable toperform their duties may resign and receive the abovetermination pay if the employee submits a validcertification from the Social Security Administrationrelating back to the date such employee ceasedworking because of the certified disability.

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(b) In case of termination of employment for anyreason other than just cause or in accordance withparagraph (a) above, the employee shall receive, inaddition to accrued vacation, termination payaccording to years of service in the building or withthe same owner, whichever is greater, as follows:

Employees with: Pay: 0-5 years ..................................1 week’s wages 5 but less than 10 years. ...........2 weeks wages 10 but less than 12 years ..........4 weeks wages 12 but less than 15 years ..........5 weeks wages 15 but less than 17 years ..........7 weeks wages 17 but less than 20 years ..........8 weeks wages 20 but less than 22 years. .........9 weeks wages 22 but less than 25 years ........10 weeks wages 25 or more ..............................11 weeks wages

(c) The right to accept termination pay and resignwhere there has been a reduction in force shall bedetermined by seniority, and notice of such an intendedlayoff shall be posted in the building. If no senioremployee wishes to exercise their rights under thisprovision, the least senior employees shall beterminated and shall receive applicable termination pay.

(d) “Week’s pay” in the above paragraphs meansthe regular straight-time weekly pay at the time oftermination. If the Employer offers part-timeemployment to the employee entitled to terminationpay, the employee shall be entitled to termination payfor the period of their full-time employment, and if theemployee accepts such part-time employment, the

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employee shall be considered a new employee for allpurposes. Where an employee was placed on a part-time basis or suffered a pay reduction because of achange in work category prior to May 21, 1967, anddid not receive termination pay based upon theirformer pay, “week’s pay” shall be determined byagreement, or through grievance and arbitration.

(e) Any employee accepting termination pay whois re-hired in the same building or with the sameEmployer shall be considered a new employee for allpurposes except as provided in paragraph 19 of thisArticle (Recall).

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

21. Tools, Permits, Fines and Legal Assistance

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

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

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

The Employer shall supply legal assistance whererequired to employees who are served with summonsregarding building violations.

22. Military Service

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

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

23. No Discrimination

(A) There shall be no discrimination against anypresent or future employee by reason of race, creed,color, age, disability, national origin, sex, sexualorientation, union membership, or any characteristicprotected by law, including, but not limited to, claimsmade pursuant to Title VII of the Civil Rights Act, theAmericans with Disabilities Act, the AgeDiscrimination in Employment Act, 42 U.S.C. Section1981, Family and Medical Leave Act, the New YorkState Human Rights Law, the New York City HumanRights Code, or any other similar laws, rules orregulations. All such claims shall be subject to thegrievance and arbitration procedure (Articles V and

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VI) as sole and exclusive remedy for violations.Arbitrators shall apply appropriate law in renderingdecisions based upon claims of discrimination.

(B) No-Discrimination Protocol

(1) Protocol1

The parties to this Agreement, the Union andRAB, believe that it is in the best interests of allinvolved – employees, members of the Union,employers, the Union, the RAB and the public interest –to promptly, fairly, and efficiently resolve claims ofworkplace discrimination, harassment and retaliation ascovered in the No Discrimination Clause of the relevantcollective bargaining agreement (collectively, “CoveredClaims”). Such Covered Claims are very oftenintertwined with other contractual disputes under thisAgreement. The RAB, on behalf of its members,maintains that it is committed to refrain from unlawfuldiscrimination, harassment and retaliation. The Unionmaintains it will pursue its policy of evaluating suchCovered Claims and bringing those Covered Claims toarbitration where appropriate. To this end, the partiesestablish the following system of mediation andarbitration applicable to all such Covered Claims,whenever they arise. The Union and RAB want thosecovered by this Agreement and any individual attorneysrepresenting them to be aware of this Protocol.

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1The parties intend this provision to apply to all collectivebargaining agreements between them superseding the Protocollanguage first incorporated in the 2012 Commercial Building CBAand subsequently updated CBAs.


(2) Mediation

(a) Whenever a Covered Claim is broughtalleging that an employer has violated the NoDiscrimination Clause (including, without limitation,claims based on a statute relating to workplace equalopportunities), whether such a Covered Claim is madeby the Union or by an individual employee, noticeshall be provided by the party seeking to utilize thisProtocol of such a Covered Claim (“Notice of Claim”)to the other Parties (for purposes of this section,“Parties” shall be defined as the Union, the RAB, theEmployer, and the affected employee(s)), and thematter shall be submitted to mediation, absent priorresolution through informal means. A Notice of Claimshall be filed within the applicable statutory statute oflimitations, provided that if an employee has timelyfiled such Covered Claim in a forum provided for bystatute, it will not be considered time-barred. TheNotice of Claim must be filed with the administratorof the Office of the Contract Arbitrator (“OCA”),which currently has an address of 370 Seventh Avenue,Suite 301, New York, NY 10001.

(b) Promptly following receipt of the Notice ofClaim, the administrator of OCA shall appoint aMediator from the Mediation Panel described below.All mediators on the panel shall be attorneys withappropriate training and experience in the conduct ofmediations and significant knowledge of employmentdiscrimination statutes. The Mediation Panel shall bea distinct panel from the Contract Arbitrator Panel

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(see 2018 Apartment Building CBA, Article VI,Paragraph 8). A person listed on the Mediation Panelwill be removed when either the Union or the RABgives notice to the other party that such person’s nameshall be removed. A person may be added to theMediation Panel list upon mutual agreement of theUnion and the RAB. The Union and RAB mutuallycommit to appointing mediators with appropriate skilland experience, as they view mediation as theimportant step through which many Covered Claimswill be resolved.

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

(d) Within 30 days of being appointed, theMediator shall notify the Parties of his/her appointmentand schedule a pre-mediation conference (for thepurposes of this Paragraph and the remainder of thissection, “Parties” refers to the bargaining unit memberor Union asserting the Covered Claim, and therespondent/defendant employer and the RAB). At theconference, the Parties shall discuss such matters asthey deem relevant to the mediation process, includingdiscovery. The Mediator shall have the authority, afterconsulting with the Parties, to (1) schedule dates forthe exchange of information and position statementsprior to a mediation, and (2) schedule a date formediation. Any disputes relating to the issues to bemediated, the exchange of information and position

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statements, and the date, place, and time of themediation and any in-person, telephonic, or othermeetings relating to the mediation shall be decided bythe Mediator. In the event the Mediator concludes thatthere has not been good faith compliance with his/herdirective, including directives as to the holding ofconferences and the conduct of discovery, the Mediatormay, after notice and an opportunity to be heard, orderappropriate remedies, including monetary and othersanctions. Such remedies and sanctions may beconsidered by the arbitrator in a subsequent proceedingin the arbitrator’s discretion.

(e) The entire mediation process, including anysettlement terms proposed by the Mediator, is acompromise negotiation for the purposes of theFederal Rules of Evidence and the New York rules ofevidence.

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

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

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

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

(3) Arbitration

(a) The undertakings described here with respectto arbitration apply to those circumstances in whichthe Union has declined to arbitrate an employee’sindividual employment discrimination claim under theNo Discrimination Clause of the CBA, includingstatutory claims (i.e., a Covered Claim), to arbitration.The arbitration forum described here will be availableto employers and employees, both those who arerepresented by counsel and those who are notrepresented by counsel.

(b) The Union and the RAB have received andvetted from the American Arbitration Association(“AAA”) a list of arbitrators who (1) are attorneys,and (2) are designated by the AAA to decideemployment discrimination cases. In the event thatarbitration of a Covered Claim based on statutorydiscrimination in the circumstances described inparagraph A is sought by these parties, the list ofarbitrators provided by the AAA shall be madeavailable to the individual employee and the RABmember employer by the administrator of OCA. Themanner by which selection is made by the RABmember employer and the individual employee andthe extent to which each shall bear responsibility forthe costs of the arbitrator shall be decided between

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them. A person may be added to or removed from theStatutory Arbitration Panel list upon mutualagreement of the Union and the RAB. Any sucharbitration shall be conducted pursuant to the AAANational Rules for Employment Disputes and anydisputes about the manner of proceeding or theinterpretation of this Protocol or the AAA Rules shallbe decided by the arbitrator selected.

(c) The hearings in any such arbitration may beheld at the OCA offices without charge to the parties;however, it is understood that OCA shall not be aforum for the determination of the dispute as providedfor in the collective bargaining agreement, but, instead,will provide only the services set out in section (3) ofthis Protocol.

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

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

(a) The RAB and the Union have established theforegoing Protocol to provide interested parties a

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means to rapidly resolve or hear on the merits CoveredClaims fairly. To make this system most effective, itis a mandatory prerequisite before any bargaining unitmember attempts to file a Covered Claim in any courtthat the bargaining unit member (personally or throughhis or her attorney) notify in writing the RAB and theEmployer that the Employee is attempting to bypassthe Protocol process. The notice required by thissection (the “Bypass Notice”) shall specify theCovered Claim(s) alleged with sufficient detail, thecourt where the action is to be filed, and the reason(s)for attempting to bypass the Protocol process.

(b) A copy of the Bypass Notice must be sent to:(a) the Employer and (b) the Realty Advisory Boardon Labor Relations, Inc., 292 Madison Avenue,16th Floor, New York, NY 10017 through December31, 2018; thereafter, One Penn Plaza, 21st Floor,New York, NY 10119.

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

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

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

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(C) (1) The parties hereby reaffirm theirlongstanding mutual commitment to preventharassment and discrimination in the workplace,including discrimination based on sex, gender, race,age, ethnicity, disability, and any other legallyprotected categories. To that end, and in effort toimplement the parties’ commitment, the partiesmandate that the Diversity and Respect Committee(the “Committee”) meet to discuss the prevention ofdiscrimination and harassment in the residentialbuilding workplace, including through training ofemployees to prevent sexual and other forms ofharassment, discrimination and retaliation in theworkplace, and the elimination of adverse treatmentthat is the product of bias, whether conscious orunconscious. The parties intend that the training shallbe no less extensive than that required by law (see, e.g.,the New York State law on training and other anti-sexual harassment measures). The parties recommendto the Trustees of the Thomas Shortman Training,Scholarship and Safety Fund (the “Fund”) that Fundstaff and the Fund’s Curriculum Committee developand provide anti-harassment, anti-discrimination, anti-bias and anti-retaliation training. Such training maybe coordinated with the Fund’s existing courseofferings. The parties recognize that other entities –in addition to the Fund – will be engaged to providethis training. The parties intend that the curriculumand materials developed by the Fund be madeavailable to such other entities.

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(2) The parties will continue the Committee’swork: (i) to study recruitment and retention issues forall under-represented groups, and (ii) to seek thecontinued prevention of sexual harassment in theresidential industry.

24. Employees’ Rooms and Utilities

Any employee occupying a room or apartment onthe Employer’s property may be charged a reasonablerental therefore. If such occupancy is a condition ofhis employment, the premises shall be adequate andproperly maintained by the Employer in conformitywith applicable law, no rent shall be charged and theEmployer shall provide normal gas and electric serviceand pay business telephone bills.

The value of the apartment and services providedtherewith such as gas, electric and business phone,shall not be treated as or included for any purpose inthe wage, remuneration or other income of suchemployee to the extent permitted by law.

If the Employer terminates the services of anemployee occupying a living space in the building theEmployer shall give the employee thirty (30) days writtennotice to vacate, except where there is a discharge for aserious breach of the employment contract.

25. Definitions

A handyperson differs from an elevator operator,porter, hall person, etc., because by training andexperience he possesses a certain amount ofmechanical or technical skill and devotes more than

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fifty (50) percent of his working time in a building towork involving such skills.

Others include elevator operators, guards,doorpersons, porters, porter/watchpersons,watchpersons, security porters, security employees,fire safety directors, exterminators and all otherservice employees employed in the building under thejurisdiction of the Union except Superintendents andhandypersons.

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

26. Required Training Programs

The Employer shall compensate, at straight-timepay, any employee now employed in a building for anytime required for the employee to attend anyinstruction or training program in connection with thesecuring of any license, permit or certificate requiredby the Employer for the performance of duties in thebuilding. Time spent shall be considered as timeworked for the purpose of computing overtime pay.

The Thomas Shortman School shall establish, fornew and existing employees, a “Quality of Life”training program which shall include, but not belimited to, tenant relations and appropriate conduct byresidential employees.

27. Garnishments

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

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28. Death in Family

A regular, full or part-time employee with at leastone (1) year of employment in the building shall notbe required to work for a maximum of three (3) daysimmediately following the death of their parent,brother, sister, spouse or child, and shall be paidregular, straight-time wages for any of such three dayson which the employee was regularly scheduled towork, or entitled to holiday pay.

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

29. Union Visitation

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

30. Jury Duty

Employees who are required to qualify or serveon juries shall receive the difference between theirregular rate of pay and the amount they receive forqualifying or serving on said jury with a maximum oftwo (2) weeks in each calendar year.

Pending receipt of the jury duty pay, theEmployer shall pay the employee his regular pay on

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his scheduled pay day. As soon as the employeereceives jury duty pay, he shall reimburse hisEmployer by signing the jury duty pay check over tothe Employer.

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

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

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

31. Identification

Employees may be required to carry with themand exhibit proof of employment on the premises. TheRAB and the Union may appoint a committee withinthirty (30) days of the signing of this Agreement toestablish a system for this purpose. If such system isnot timely established, either party may submit thematter to arbitration.

32. Service Center Visit

Every regular full-time employee who has beenemployed in the building for one (1) year or more shallbe entitled, upon one (1) week’s notice to hisEmployer, to take one (1) day off in each calendar yearat straight time pay to visit the office of any one of thebenefit funds, for the purpose of conducting business

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at the benefit office, or to visit an employee’s personalphysician, upon a showing of proof.

Such employee shall receive an additional one (1)day off with pay to visit the Benefit Funds office or tovisit the employee’s personal physician’s office if suchoffice requires such a visit. If the additional day is tovisit a personal physician, the Employer can request,and the employee must provide, a HIPAA compliantrelease (to be developed by the Health Fund) sufficientto provide proof that the employee visited the personalphysician at the physician’s request for this additionalone (1) day.

In the event that an employee chooses to visit anyone of the benefit fund offices after having used uptheir entitlement pursuant to the above two (2)paragraphs, they may use any remaining sick days forthat purpose.

33. Death of Employee

If any employee dies after becoming entitled tobut before receiving any wage or pay hereunder, itshall be paid to his estate, or pursuant to Section 1310of the New York Surrogate’s Court Procedure Act,unless otherwise provided herein. This shall not applyto benefits under Article X, where the rules andregulations of the Health and Pension Funds shallgovern.

34. Government Decrees

If because of legislation, governmental decree ororder, any increase or benefit herein provided is in any

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way blocked, frustrated, impeded or diminished, theUnion may upon ten (10) days notice requirenegotiation between the parties to take such measuresand make such revisions in the contract as may legallyprovide substitute benefits and improvements for theemployees at no greater cost to the Employer. If theycannot agree, the dispute shall be submitted to theArbitrator.

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

35. Common Disaster

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

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36. Rent Collection

No employees as part of their usual and regularduties shall be required to retain cash rent for morethan twenty-four (24) hours.

37. Lie Detector

The Employer shall not require, request orsuggest that an employee or applicant for employmenttake a polygraph or any other form of lie detector test.

38. Saving Clause

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

39. Complete Agreement

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

40. Transportation Costs

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

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41. Method of Service

The parties agree that all references in theAgreement to “telegram” shall be deleted and replacedwith “facsimile and also by hand.”

42. Security Background Checks

On change of ownership or conversion of thestatus of a building or employee, employees may besubject to security background checks.

Additionally, upon seven days prior written noticeto the employee and the Union, which notice shallinclude a specific statement of the cause, the Employermay perform a security background check on a currentemployee where there is reasonable cause to performthat check. “Reasonable cause” shall be objectiveevidence – e.g., access to the location of the incidentat the time an incident occurred – indicating that theparticular employee may have committed an offensein connection with his or her employment and theinformation sought in the background check may berelevant to determining whether the employeecommitted such offense. Where, within five days ofreceipt of such notice, the Union disputes thatreasonable cause is present, there shall be an expeditedarbitration of the dispute and the security backgroundcheck shall not be performed until an arbitrator hasruled that it is permissible. Any information obtainedin the security background check not directly relatedto the incident which gave rise to the check shall notbe used for any disciplinary action against theemployee.

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An employee shall cooperate with an Employeras necessary for obtaining security backgroundchecks. Any employee who refuses to cooperate shallbe subject to termination. Notwithstanding the above,Employers shall not subject employees to securitybackground checks on a disciplinary or retaliatorybasis. Any disciplinary action imposed arising fromsecurity background check results shall only be for justcause.

All security background checks shall beconfidential and may be disclosed only to the RABand the Union, as necessary for the administering ofthis Agreement, and/or as required by law. TheEmployer shall pay all costs of any securitybackground checks.

43. Notices

All notices required to be sent to the Union shallbe addressed to the Union’s Director of Contracts andGrievances.

44. Building Safety

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

45. Work Authorization and Status Disputes

The parties recognize that questions involving anemployee’s work status or personal information mayarise during the course of his/her employment, and thaterrors in an employee’s documentation may be due to

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mistake or circumstances beyond an employee’scontrol. The parties agree to attempt to minimize theimpact of such issues on both the affected employeesand employers by working together to fairly resolvesuch issues while complying with all applicable laws.

46. Veteran Transition Assistance

The parties recognize that making a successfultransition from the military into the civilian workforcecan be challenging. Out of respect for those servingin the military and in acknowledgment of thetremendous skills they can bring to the workforce, theparties shall create a committee tasked with assistingveterans in this transition. These efforts shall include,but not be limited to: (i) increasing the industry’sadvertising/recruitment efforts to encourage veteransto apply for jobs within the industry; (ii)communicating with the industry about the numerousbenefits associated with hiring veterans; and (iii)providing newly hired veterans with access to trainingthrough classes to be created by the Thomas ShortmanSchool aimed at easing the transition to the civilianworkforce and teaching the requisite skills.

47. Wage and Hour Claims

Subject to the principles set forth below, theEmployee and the Union agree that in the event thatan Employee (on behalf of the Employee and/orothers) asserts statutory wage and hour claim(s)against the Employer(s), including claims for unpaidminimum wages and/or overtime pay, prior to thefiling of any such claim(s) in court, the Employer

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and Employee shall engage in mandatory mediationto attempt to narrow or resolve the claim(s). TheRAB and Union agree to establish a mediationprocess for handling such claims. The followingprinciples shall apply:

(a) The Employee(s) must initiate mediation bywritten notice to the Employer, or the Employer mustinitiate mediation by written notice to the Employee(s)and his/her/their counsel, as appropriate.

(b) Initiation of mediation shall be required onlyof Employees who are (or who will seek to be) plaintiffsin an individual or multi-plaintiff action or named orrepresentative plaintiffs in a putative class and/orcollective action. Employees who are not (and will notseek to be) named or representative plaintiffs (e.g., whoare merely putative class or collective action members)are not required to initiate mediation in connection withthis section; however, their claims will be a subject ofthe mediation process described in this section.

(c) Unless otherwise agreed to by the mediatingparties, at any time following 90 days after theinitiation of the mediation process, either the Employeror the Employee(s) may terminate mediation bywritten notice to the other side, and, in that event, nofurther mediation effort shall be required by thisAgreement.

(d) In the event that Employee(s) initiate litigationin a judicial forum on their wage and hour claimswithout first submitting to the mediation processdescribed in this section and the Employer seeks to

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enforce the requirements of this paragraph, theEmployer shall not seek dismissal of the judicial actionbut may seek to have the action stayed pending thecompletion of the mediation provided for herein.

(e) The parties do not intend an Employee’ssubstantive or recovery rights or any Employerdefenses to be limited by virtue of the terms of thismediation process. Hence, during the pendency ofthe mediation process, any statutes of limitationsand/or filing periods shall be tolled, and recovery ofappropriate damages shall be permitted for all timeperiods during which mediation is occurring or hasoccurred. To the extent that the tolling described inthis paragraph is deemed legally ineffective, andwithout conceding that any recovery is appropriate,the Employee(s) shall have the contractual right toseek recovery for any time period(s) that would havebeen tolled without having to exhaust the grievanceand arbitration procedures set forth in thisAgreement.

(f) The RAB and the Union shall provide affectedEmployee(s) and their Employer(s) with a list ofmediators who will be available to conduct themediation. The mediator’s fees shall be paid for by theRAB and the Union in equal shares. The parties shallbe free to use another mediator of their own choosingbut in that event shall bear the costs of mediation asthey determine.

(g) The conduct of the mediation shall beconfidential and the rules of evidence pertaining to

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privileges related to settlement discussions shall applyto communications in mediation

(h) Any agreement reached in mediation shall notalter the collective bargaining agreement or affect thecontractual rights of employees who are not parties tothat agreement.

ARTICLE XXTerm of Agreement and Renewals

If legislation is enacted which eliminates orreduces present state law regarding Labor Pass Along,the RAB may, upon 90 days notice to the Union,cancel this Agreement.

This Agreement shall continue in full force andeffect up to and including April 20, 2022.

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

In the event the parties are unable to agree uponthe terms of a successor agreement, either party uponten (10) days written notice to the other party maycancel this agreement. Such cancellation shall notapply to Article IX, Section 4 for a period of six (6)months after the expiration date of the Agreement.

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

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

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IN WITNESS WHEREOF, the parties havehereunto set their hands and seals the day and year firstabove written.

REALTY ADVISORY BOARD ON LABORRELATIONS, INCORPORATED

Howard RothschildPresident

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

Hector FigueroaPresident

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April 13, 2018 Hector Figueroa, PresidentSEIU, Local 32BJ25 West 18th StreetNew York, NY 10011

Re: Reserved Question on Mandatory Arbitration forStatutory Discrimination Claims

Dear Hector:

This letter will confirm our understanding on the issueof whether arbitration is mandatory for statutorydiscrimination claims brought under the No DiscriminationClause found in the Collective Bargaining Agreements(“CBAs”) between the RAB and the Union (the “ReservedQuestion”).

Following the decision of the Supreme Court in 14 PennPlaza LLC v. Pyett, 556 U.S. 247 (2009), the RAB and theUnion have had a dispute about the Reserved Question,specifically regarding the meaning of the No DiscriminationClause and the grievance and arbitration clauses in the CBAs.The Reserved Question is as follows:

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

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The parties agree that, should either the Union or theRAB deem it appropriate or necessary to do so, that partymay bring to arbitration the Reserved Question. The partiesintend that the Reserved Question may only be resolved inarbitration between them and not in any form of judicial oradministrative proceeding. The outcome of the ReservedQuestion hinges on collective bargaining language andbargaining history, which are subjects properly suited forarbitration. Such arbitration may be commenced on 30calendar days’ written notice to the other party. The arbitratorfor such arbitration shall be Roberta Golick, unless she isunable or unwilling to serve, in which case the parties shallagree upon an arbitrator, and failing agreement shall submitthe case to arbitration before the American ArbitrationAssociation, in New York City.

In 2010, the parties initiated the No-DiscriminationProtocol. The No-Discrimination Protocol is applicable toall such claims. This Protocol was intended, and continues,to serve as an alternative to arbitrating the parties’disagreement on the Reserved Question. The parties agreedto include the No-Discrimination Protocol as part of theCBAs, as further modified in December 2015. The Union andthe RAB agree that the provisions of the No-DiscriminationProtocol do not resolve the Reserved Question. Neither theinclusion of the No-Discrimination Protocol in the CBAs northe terms of the No-Discrimination Protocol shall beunderstood to advance either party’s contention as to themeaning of the CBAs with regard to the Reserved Question,nor will either party make any representation to the contrary.

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Without prejudice to either parties’ position on thecontinued viability of any other side letter, this side lettershall continue in effect unless and until the parties agreeotherwise or until the Reserved Question is decided byArbitrator Golick.

Sincerely,

Howard RothschildPresident, RAB

AGREED:

_______________________________Hector FigueroaPresident, SEIU, Local 32BJ

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April 13, 2018

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

Re: Security Background Checks

Dear Hector:

This will confirm our understanding during our recentnegotiations that an Employer may not invoke Article XIX,Section 42 (Security Background Checks) in connection witha Social Security “no match” letter.

Sincerely,


AGREED:


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April 13, 2018


Re: Discussion of Affordable Housing in Joint IndustryAdvancement Project

Dear Hector:

This letter confirms our understanding the JointIndustry Advancement Project, established in Article XVIIof this Agreement, shall also discuss how the New York Cityarea Real Estate Industry and the Union can acceleratedevelopment of affordable housing units in New York City.

Sincerely,


AGREED:


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April 13, 2018


Re: Committee to Review Current BuildingClassifications

Dear Hector:

This letter confirms the creation of a Committee toReview Current Building Classifications.

Sincerely,


AGREED:


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April 13, 2018

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

Re: Extensions of the Trial Period

Dear Mr. Figueroa:

This is to confirm our understanding as to the trial periodprovision of the RAB – 32BJ Apartment Building Agreement,Article XIX, Section 18(b). There are circumstances in whichan Employer is not prepared to decide whether a new employeehas satisfied his/her trial period at the conclusion of the first60 days of employment and yet has also not concluded that theemployee may not be suitable for continued employment. Inthose circumstances, if the Employer requests that theemployee’s probationary period be extended for 30 days, thetrial period will be extended for 30 days if the Union consentsto the extension. The request and consent shall bememorialized in writing at any time before the completion ofthe 60 days provided for in Article XIX, Section 18(b),provided that when the Employer makes a timely request foran extension in writing, the trial period shall be extended untilthe Union responds to the Employer’s request (up to amaximum of 30 days beyond the initial 60-day period).

_____________________________Howard Rothschild, President RAB

AGREED:

____________________________Hector Figueroa, President

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April 13, 2018

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

Re: Immigration and Work Authorization

Dear Mr. Figueroa:

In light of the diversity of the workforce in theindustry and the changing regulatory environment, theparties reaffirm their commitment to employees whoneed to resolve issues related to their immigration orwork authorization status.

_____________________________Howard Rothschild, President RAB

AGREED:

____________________________Hector Figueroa, President

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MINIMUM WAGE RATES FORAPARTMENT BUILDING STAFF

(Excluding Superintendents)

EffectiveAPRIL 21, 2018 to APRIL 20, 2019

(40-Hour Standard Work Week of Five 8-Hour Days)

Regular Overtime Weekly Hourly Rate Hourly Rate WageClass AHandyperson $26.8008 $40.2012 $1,072.03Others $24.3258 $36.4887 $ 973.03

Class BHandyperson $26.7430 $40.1145 $1,069.72Others $24.2680 $36.4020 $ 970.72

Class CHandyperson $26.6853 $40.0280 $1,067.41Others $24.2103 $36.3155 $ 968.41

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Regular Overtime Weekly Hourly Rate Hourly Rate WageClass AHandyperson $27.4258 $41.1387 $1,097.03Others $24.9008 $37.3512 $ 996.03

Class BHandyperson $27.3680 $41.0520 $1,094.72Others $24.8430 $37.2645 $ 993.72

Class CHandyperson $27.3103 $40.9655 $1,092.41Others $24.7853 $37.1780 $ 991.41

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Regular Overtime Weekly Hourly Rate Hourly Rate WageClass AHandyperson $28.2258 $42.3387 $1,129.03Others $25.6508 $38.4762 $1,026.03

Class BHandyperson $28.1680 $42.2520 $1,126.72Others $25.5930 $38.3895 $1,023.72

Class CHandyperson $28.1103 $42.1655 $1,124.41Others $25.5353 $38.3030 $1,021.41

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Regular Overtime Weekly Hourly Rate Hourly Rate WageClass AHandyperson $29.0758 $43.6137 $1,163.03Others $26.4508 $39.6762 $1,058.03

Class BHandyperson $29.0180 $43.5270 $1,160.72Others $26.3930 $39.5895 $1,055.72

Class CHandyperson $28.9603 $43.4405 $1,158.41Others $26.3353 $39.5030 $1,053.41

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INDEX

Subject PageAdoption of Agreement................................................27-31Arbitration. ...................................................................16-20Attendance Bonus..............................................................49Better Conditions ...............................................................12Building Safety ................................................................111Bulletin Board....................................................................83Call In Pay .........................................................................56Classification of Buildings...................................51-53, 123Commercial Occupancy.....................................................53Common Disaster ............................................................108Condemnation....................................................................51Contracting of Work .....................................................10-11Cost of Living...............................................................54-55Day of Rest ........................................................................82Days Off.................................................................12, 56, 58Death in Family................................................................105Death of Employee ..........................................................107Definition, Job..........................................................103-104Disability Benefits Law....................................47-48, 49, 76Discharge ...........................................................................13Discrimination.............................................94-103, 118-120Dues Check-off.................................................................5-9Election Day ................................................................71, 74Employees’ Rooms ..........................................................103Experienced Employee ......................................................87Eye Glasses ........................................................................83Family and Medical Leave Act ..........................................78Fines .............................................................................93-94Fire and Flood Call ............................................................83Firemen ..............................................................................79First Aid Kit .......................................................................83

130


Subject PageGarnishments ...................................................................104Governmental Decrees .............................................107-108Grievance Procedure ....................................................14-15Health Fund ..................................................................33-39Hiring ...........................................................................85-91Holidays........................................................................71-74Hours ......................................................................55-57, 58Identification ...................................................................106Inspection of Payroll Records..............................................5Job Vacancies................................................................84-85Joint Industry Advancement Project.....................65-69, 122Jury Duty ..................................................................105-106Layoff ................................................................20-24, 89-90Leave of Absence .........................................................76-78Legal Services Fund .....................................................42-43Licenses ........................................................................93-94Lie Detector Tests ............................................................109Life Insurance ....................................................................12Locker ................................................................................83Lockout.........................................................................24-26Luncheon Period ................................................................56Maintenance of Benefits ..............................................38-39Management Rights......................................................13-14Meal Money.......................................................................57Military Service .................................................................94Moving Expenses...............................................................60Multi-Employer Association.........................................27-33New Development .............................................................69New Hire Rate ..............................................................85-87Newly Constructed Buildings............................................29Notices to Union..............................................................111NYC Earned Safe and Sick Time Act................................50NYS Paid Family Leave Law.............................................78

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Subject PageOvertime...........................................................15, 55-57, 70Part-time Employee. ....................................................50, 75Payment of Wages. .......................................................75-76Pension Fund ................................................................39-42Permits..........................................................................93-94Personal Day ......................................................................74Picketing.......................................................................24-26Posting ...............................................................................84Preamble. .............................................................................1Pregnancy Leave................................................................77Premium Pay ..........................................................55-57, 70Professional Occupancy.....................................................53Promotion .....................................................................84-85Pyramiding.........................................................................70Recall............................................................................89-90Reducing Force.............................................................20-24Relief-Employees...............................................................75Rent Collection ................................................................109Replacements ...............................................................81-82Rest Room .........................................................................83Sale of Building ................................................27-29, 30-31Sanitary Arrangements ......................................................83Schedules................................................................12, 74-75Security Background Checks ...........................110-111, 121Seniority.............................................................................85Service Center Visit..................................................106-107Severance Pay.........................................................60, 62-63Sickness Benefits .........................................................48-50Signatory Building .......................................................27-33Specialized Skills.........................................................59, 70Strikes...........................................................................24-27Sub-Contracting ...........................................................10-11Superintendents ............................................................57-65

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Subject PageSupplemental Retirement and Savings Fund................43-44Term of Agreement...................................................115-116Termination Pay............................................................91-93Tools ..................................................................................93Training Fund. ...................................................................42Training Program ............................................................104Transfer of Employee ..................................................13-14Transportation Costs .......................................................109Trial Period ..........................................................62, 85, 124Unemployment Insurance Law.....................................47-48Uniforms.......................................................................82-83Union Insignia ...................................................................83Union Recognition .......................................................1-2, 9Union Security..................................................................1-9Union Visitation...............................................................105Utilities ............................................................................103Vacations ......................................................................78-81Vacation Replacement Rate..........................................81-82Voting Time........................................................................74Wage and Hour Claims.............................................112-115Wage Differentials........................................................69-70Wage Rates. ..............................................................126-129Wages .........................................11-12, 53-55, 57-58, 75-76Work Authorization/Status .......................................111-112Workers Compensation ..........................................47-48, 76Working Conditions...........................................................12Workweek.....................................................................55-57Work Clothes ................................................................82-83

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NOTES


NOTES


NOTES


NOTES


NOTES



AGREEMENT

MINIMUM WAGE RATES2018-2022

(See Pages 126-129)


INCORPORATED

One Penn PlazaNew York, NY 10119(212) 889-4100


LOCAL 32BJ

25 WEST 18TH STREETNew York, NY 10011-1991

(212) 388-3800

Documents

2018 Apartment Building AGREEMENT...apartment, save by the Employer, without the consent of the Union. 8. During any period in which it is not established that a majority of the employees